HomeMy WebLinkAbout1.0_Draft Minutes of March 9, 2023
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NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MARCH 9, 2023
REGULAR MEETING – 6:30 P.M.
I. CALL TO ORDER - The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Lowrey III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Sarah Klaustermeier, Commissioner Brady Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey ABSENT: Commissioner Tristan Harris
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad
Sommers, Senior Planner David Lee, Assistant Planner Melinda Whelan, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS
Emma McCarthy, UCI student, noted parking and bike lane issues along her bike travel from UCI to Newport Beach and suggested more marked lanes and bike parking. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF FEBRUARY 23, 2023 Recommended Action: Approve and file
Motion made by Commissioner Lowrey and seconded by Secretary Klaustermeier to approve the minutes of
the February 23, 2023 meeting with Mr. Mosher’s edits.
AYES: Ellmore, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN: Barto, Langford ABSENT: Harris ITEM NO. 2 MASON ENCROACHMENT (PA2022-0265) Site Location: 410 Tustin Avenue Summary: A request to waive City Council Policy L-6 - Encroachments in Public Rights-of-Way (“Policy”) for private as-built improvements consisting of the retention of stairs that encroach up to five (5) feet and nine (9) inches into the 60-foot-wide Tustin Avenue public right-of-way and a two (2)-foot and seven (7)-inch high block wall that encroaches up to eight (8) feet into the Tustin Avenue right-of-way. The Tustin Avenue parkway within the public right-of-way is approximately 12 feet from the face of curb to the property line. The Policy prohibits the existing stairs and wall as structures are limited to a one (1)-foot projection into the right-of-way with heights not to exceed three (3) feet as measured from the top of curb elevation.
Planning Commission Regular Meeting Agenda March 9, 2023
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Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment; 2. Waive City Council Policy L-6, Encroachment in Public Rights-of-Way, for non-compliant private improvements consisting of stairs and a block wall that encroach into the Tustin Avenue public
right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution PC2023-012 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0520.
Deputy Community Development Director Campbell indicated that this item is for a minor encroachment
agreement for existing improvements in the public right-of-way requested by the property owner. He stated that Public Works recommends the waiver of Council policy under the condition that the Planning Commission approves and the City executes an encroachment agreement with the property owner to maintain the improvements.
Commissioners disclosed no ex-parte communications.
Jim Mosher noted that the staff report refers to the area of land in question as the Tustin Avenue parkway and
as per the City Charter, the Parks, Beaches, and Recreations Commission is expected to advise the City Council on all matters pertaining to parkways.
The property owner expressed being confused by Mr. Mosher’s comment and noted his intent to improve and
enhance the property. Motion made by Vice Chair Rosene and seconded by Commissioner Barto to approve the item as recommended. AYES: Barto, Ellmore, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: Harris VII. PUBLIC HEARING ITEMS ITEM NO. 3 MOTHER'S MARKET (PA2022-101) Site Location: 2510 and 2530 West Coast Highway Summary: A coastal development permit and traffic study for the modification of the 5,096-square-foot commercial component of a previously approved mixed-use development from an office use to a grocery store. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
Planning Commission Regular Meeting Agenda March 9, 2023
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3. Adopt Resolution PC2023-013 approving a Traffic Study and Coastal Development Permit. Senior Planner Lee used a presentation to review the project, vicinity map, approved mixed-use development,
project request, proposed project, site plan, traffic study, summary of findings, change to Condition of Approval 20, and recommended approval. In response to Vice Chair Rosene’s question, Senior Planner Lee used the vicinity map slide to show where the right-of-way ends on Avon Street.
Commissioners disclosed no ex-parte communications, except for Commissioner Langford who reported having emailed with the applicant. Chair Ellmore opened the public hearing.
Sean Matsler, of Cox, Castle & Nicholson, thanked staff on their hard work on the project, clarified that Mother’s
Market is a prospective tenant, the intended tenant is a small format grocer, and the applicant is familiar with the use and operator from other center ownership, and the genesis of the request is to comply with the settlement condition. He agreed with the recommended conditions including the change presented by staff.
In response to Secretary Klaustermeier’s inquiry, Mr. Matsler indicated that the Mother’s Market in Corona del Mar is 4,905 square feet and noted 21 parking spots available for this space, shared parking spots, and expected walk
up traffic from the Heights.
In response to Vice Chair Rosene’s question, Mr. Matsler indicated that the applicant is at the plan check stage for the building.
Chair Ellmore opened the public hearing.
Jim Mosher suggested that coastal views are more than views of water and include the coastal bluffs and
questioned the building clearance for large delivery trucks moving from Avon Street to the front of the property.
Senior Planner Lee noted Mr. Mosher’s comments about the coastal view and clarified a 10-foot building clearance and a loading space at the property rear near Avon Street. He indicated loading can be addressed at plan check.
Chair Ellmore closed the public hearing.
In response to Vice Chair Rosene’s question, Senior Planner Lee indicated that the 21 parking spots account for
customers and employees and Deputy Community Development Director Campbell clarified that the two fire trucks depicted on the site plan are not loading zones, larger vehicles are prohibited in the public right-of-way that will
force the tenant to use smaller vehicles, the loading conditions from a mixed-use space, and concerns can be alleviated at the plan check stage.
Motion made by Commissioner Lowrey and seconded by Vice Chair Rosene to approve the item with the
modification to Condition of Approval 20.
AYES: Barto, Ellmore, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: Harris
Planning Commission Regular Meeting Agenda March 9, 2023
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VIII. NEW BUSINESS ITEM NO. 4 2022 Annual Plan Progress Report and Housing Element Report (PA2007-195) Site Location: Citywide Summary: A General Plan Annual Progress Report to summarize the City of Newport Beach’s progress with implementing the goals, policies, and programs of the General Plan. The report covers the period from
January through December of each calendar year. The current report expansively covers the City’s activities in 2022. Recommended Action: 1. Find the preparation, review, and submission of the 2022 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA), as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2022 General Plan Progress Report, including the Housing Element
Annual Progress Report; and
3. Recommend the City Council review and authorize the submittal of the 2022 General Plan Progress Report to the California Office of Planning and Research and the submittal of the
Housing Element Annual Progress Report to the State Department of Housing and Community Development. Assistant Planner Whelan provided a presentation to review the State required 2022 General Plan Annual Report,
progress report (non-Housing Element), 2022 General Plan Update status, 2022 housing activity, Regional Housing Needs Assessment (RHNA) progress, significant projects with affordable units, and Housing Element
implementation highlights for Policy Actions 1H – 1J Accessory Dwelling Units, efforts to assist the unhoused, Policy Actions 1A - 1G, and Policy Action 4A – Affirmatively Furthering Fair Housing (AFFH).
In response to Secretary Klaustermeier’s inquiry, Deputy Community Development Director Campbell noted three
pending applications and one preliminary application in the airport area, future modifications discussions for Uptown Newport, Newport Airport Village Planned Community, and 400-500 estimated units within the existing
General Plan allocation for the airport area. He further noted updates to the Land Use Element for consistency with the Housing Element, drafting of overlay zones for Housing Elements that are part of the 6th Cycle, and Housing Element implementation coming forward to the Planning Commission later this year. In response to Commissioner Langford’s question, Assistant Planner Whelan indicated that in previous years the Report has been a receive and file. Deputy Community Development Director Campbell noted that the California Department of Housing and Community Development (HCD) has an enforcement division that is looking for progress on Housing Element programs and will comment if the City falls short of its housing policy commitments. Commissioner Lowrey reported that during a USC meeting good comments were made about staff and the City’s proactiveness. Commissioners disclosed no ex-parte communications.
Chair Ellmore opened the public hearing. Virginia Anders-Ellmore expressed concern for a climate crisis, thought the Planning Commission should be part of a climate crisis plan, suggested the conversion to electric, solar, and battery energy, and asked that a climate crisis plan be included in the City’s efforts.
Planning Commission Regular Meeting Agenda March 9, 2023
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Jim Mosher suspected that the State pays little attention to the written part of the General Plan Annual Report and tracks housing activity through the submitted electronic spreadsheets and relayed how to access housing application files using the “What’ Going on in my Neighborhood” map on the City website.
Chair Ellmore closed the public hearing. Commissioner Langford commended staff on how thorough they have been on this item. Motion made by Vice Chair Rosene and seconded by Secretary Klaustermeier to approve the item as
recommended.
AYES: Barto, Ellmore, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: Harris IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Deputy Community Development Director Campbell relayed the next Planning Commission meeting on March 23 will include revisions and changes to the pickleball establishment at The Tennis Club at Newport Beach. Jim Mosher inquired when the California Coastal Commission (CCC) hearing will take place regarding the coastal development permit to protect the Western Snowy Plover and Deputy Community Development Director Campbell clarified that the hearing could be posted to May. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Barto requested an excused absence for the March 23 Planning Commission meeting. X. ADJOURNMENT – The meeting was adjourned at 7:18 p.m. The agenda for the March 2, 2023, Planning Commission meeting was posted on Thursday, March 09, 2023, at 05:15 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Thursday, March 02, 2023, at 05:19 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Sarah Klaustermeier, Secretary
March 23, 2023, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF MARCH 9, 2023
Two minor corrections to the passage shown in italics are suggested below in strikeout
underline format.
Page 5 of 5, paragraph after Item X (ADJOURNMENT):
“The agenda for the March 2 9, 2023, Planning Commission meeting was posted on
Thursday, March 09 02, 2023, at 05:15 p.m. in the Chambers binder, on the digital display
board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and
on the City’s website on Thursday, March 02, 2023, at 05:19 p.m.”
Note: Although this follows the custom of prior PC minutes, it is unclear why “2” is written
“02”.
Planning Commission - March 23, 2023 Item No. 1a - Additional Materials Received Draft Minutes of March 9, 2023