HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
City Council Meeting
September 27, 2022
October 11, 2022
Agenda Item No. 1
An unidentified speaker noted the City's responsibility to support its investors and longtime
residents, discussed diminution of property value, and a comparison to how Costa Mesa was able to
establish care facility development limits when it was thought too not be possible. Furthermore, he
suggested consulting with attorneys who have handled similar cases with success on an appeal, and
questioned if the NBMC is sufficient.
Purvi Doshi, Pacaso employee, read a statement on behalf of owner Cathy Coste.
Dave Archie, neighbor to a Pacaso property, encouraged an accelerated solution, noted three -to -
seven -day guest rotations over the last year, discussed their behavior, and offered to share
additional experiences.
Charles Klobe noted the number of sold shares in Newport Beach and urged Council to conduct a
study and do what ibis best for the residents of the City.
Max Johnson stated his opposition to fractional home ownershi
Michael Jacobs discussed the Plaza del Sur property, supporte patorium to conduct a study,
and opposed businesses in residential areas.
Mayor Muldoon noted that sold shares are grandfathered in, supported regulations in R-1 and R-2
zones, looked forward to what is brought back to Council, expressed support for Council Member
O'Neill's analysis, expressed concern regarding enacting a moratorium, and supported the
emergency passage of regulation of R-1 and R-2 zones. W
Motion by Mayor Muldoon, seconded by Council Member O'Neill, to a) determine this action
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262
(Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3; and b) adopt Resolution No. 2022-61, A Resolution of the City Council of the City
of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title
21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code
Related to Fractional Homeownership (P42022-0202).
IF
In response to Co it Member Di on's question, Council Member O'Neill clarified that the request
includes moving qu ckly, using existing models and language from St. Helena to encompass what
the City wants, and the Planning Commission has enough information to craft the language to be
sent back to Council. Council Member Dixon sought expediency, and in response to her question,
Community Developrynt Director Jurjis indicated that staff will have a study session with the
Planning Commission to discuss the current NBMC, break down the St. Helena code, ask for
feedback from the Planning Commission, draft NBMC amendments, and return to Council with a
written document by the first part of the new year. Council Member Dixon clarified that the City
Council will give the Planning Commission the parameters and framework within the context of the
St. Helena ordinance, agreed to be supportive, and asked if support exists among her colleagues to
have a 60 or 90-day moratorium to give the Planning Commission time to do the work or impose
immediate code changes to control the density.
Mayor Muldoon expressed concern for litigation if the City makes any missteps, suggested a special
meeting of the Planning Commission to address it sooner, and noted a drastic move will weaken the
City's position.
In response to Council Member Brenner's question, Mayor Muldoon clarified his suggestion to move
through more quickly instead of enacting a moratorium. Council Member Brenner noted that she
would support passing this to the Planning Commission with a moratorium in place.
Volume 65 - Page 393
City of Newport Beach
City Council Meeting
September 27, 2022
XIII.
Council Member Dixon:
• Attended the Aviation Committee meeting, Snowy Plover Management Plan meeting for Peninsula
residents, Spyglass Hill picnic, Newport Beach Fire and Lifeguard Appreciation Dinner, and
Newport Beach Junior Lifeguard Building Groundbreaking
• Announced a Concert at Marina Park and continued contribution opportunities to the Newport
Beach Junior Lifeguard Foundation (nbjgfoundation.org)
Council Member Brenner:
• Attended the final Concert on the Green and Orange County Mosquito and Vector Control District
Board of Trustees meeting
• Announced the Corona del Mar Residents Association (CdMRA) Candidate Forum
Council Member Avery:
• Attended the Newport Beach Fire and Lifeguard Appreciation Dinner and Newport Beach Junior
Lifeguard Building Groundbreaking 6
Mayor Muldoon:
• Utilized slides to share the Newport Beach Junior Lifeguard Building Groundbreaking, Welcome
to l-_AquaTraxfor daily water use tracking, water leaks, and water use alerts, and the
General Plan Advisory Committee application pro s (new ortbeachca.gov/vacancy)
• Announced the Love Newport Beach Volunteer Dai6j
AGENDA (NON -DISCUSSION ITEM)
• Consider creating a three -member Ad Hoc Coizens Advisory Committee, consisting of
residents with background in public safety and criminal justice, to address residential
burglary concerns and advise neighborhoods on preventative measures [Mayor
Muldoon]
Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
IF
Regarding Item 11 (Phase VIII of the Sculpture Exhibition in Civic Center Park) Council Member
O'Neill requested that the Public Benefits Fund be used, rather than the General Fund.
Denys Oberman expressed support for Item 5 and City Attorney Harp clarified that the City's intent is
to return all local authority to the City for regulation of all group home facilities.
Kelly Carlson, President of the Balboa Village Merchant's Association, thanked staff and Code
Enforcement for responding to concerns over the summer and for establishing a permanent Code
Enforcement Officer to help protect small businesses, and expressed support for Item 3 (Request to Add
Code Enforcement Officer I Position).
Regarding Item 11, Arlene Greer and Commissioner Vice Chair Maureen Flanagan thanked Council for
supporting and attending the Sculpture Exhibition, concerts, and upcoming art exhibitions.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 13, 2022 City Council Meeting [I00-20221
Waive reading of subject minutes, approve as amended, and order filed.
Volume 65 - Page 398