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Home My WebLink About1.0_Draft Minutes of May 4, 2023 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MAY 4, 2023 REGULAR MEETING – 6:30 P.M. I. CALL TO ORDER – 6: 30 P.M. II. PLEDGE OF ALLEGIANCE – Commissioner Harris III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Sarah Klaustermeier, Commissioner Brady Barto, Commissioner Tristan Harris, Commissioner Jonathan Langford, and Commissioner Lee Lowrey ABSENT: None Staff Present: Community Development Director Simone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner Liz Westmoreland, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES Deputy Community Development Director Campbell announced that staff is requesting a continuance for Item No. 4 until May 18, 2023. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF APRIL 20, 2023 Recommended Action: Approve and file Motion made by Commissioner Harris and seconded by Vice Chair Rosene to approve the minutes of the April 20, 2023, meeting with Mr. Mosher’s edits. AYES: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: Ellmore ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 PARK NEWPORT LANDSLIDE AND ROCKFALL MITIGATION PROJECT (PA2023-0034) Site Location: The bluff and residential areas near 5000 Park Newport Drive and Back Bay Drive at the bottom of the slope Summary: A request for a coastal development permit to allow the installation of anchored mesh, temporary tarps, and k-rails to help mitigate the potential for rockfall from the sloped area adjacent to the Park Newport community onto Back Bay Drive. The project also includes the installation of soldier piles within the Park Newport site near two existing residential buildings to further mitigate against landslide risk. As the k-rails are located in the public right-of-way, the applicant is requesting a waiver of Council Policy L-6 and an Planning Commission Meeting May 4, 2023 Page 2 of 6 encroachment permit to retain the existing non-compliant improvements, consisting of three sections of temporary k-rail that encroach up to 12 feet, 8 inches into the 40-foot-wide public right-of-way at the property. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; 3. Waive City Council Policy L-6, Encroachments in the Public Rights-of-Way, to retain existing non-compliant private improvements within the Back Bay Drive public right-of-way consisting of three sections of temporary k-rail that encroach in excess of 1-foot into the 40-foot wide Back Bay Drive public right-of-way or taller than 36-inches in height; and 4. Adopt Resolution No. PC2023-021 approving the Coastal Development Permit filed as PA2023- 0034. Senior Planner Westmoreland used a presentation to review the proposed project location, 3-D image of the bluff from 2019 and 2020, background, Coastal Development Permit (CDP) history, project description, anchored mesh images, K-rail barriers locations, seasonal tarping images, locations of soldier piles (micropiles), response to prior comments, photo of existing improvement areas, key findings and discussion, and recommended action. No ex parte communications were reported from the Commissioners. Chair Ellmore opened the public hearing. Shawna Schaffner, applicant representative, used a presentation to review the property location, project site history, bluff stability, project goals, Planning Commission approval on April 21, 2022, Coastal Commission appeal, process following the appeal, June 2020 landslide and images, proposed project and improvements, steel mesh and straw wattle timeline and images, k-rail placement and image, residential structure protection and image, seasonal tarping details and images, conclusion summary, and requested action. The applicant agreed to the recommended conditions of approval. In response to Secretary Klaustermeier’s question, Ms. Schaffner indicated that the tarping is meant to reduce the erosion and micropile walls increase safety factors for residential structures but not shore up the bluff, noted the successful results from tarping, and expressed no awareness of any area becoming red tagged on the site. Jim Mosher questioned the management of tarping to not further damage vegetating areas trying to recover and the viability of hydroseeding. Chair Ellmore closed the public hearing. Motion made by Vice Chair Rosene and seconded by Commissioner Barto to approve the item as recommended by staff. AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None Planning Commission Meeting May 4, 2023 Page 3 of 6 ITEM NO. 3 SPECIAL FLOOD HAZARD (VE) OVERLAY CODE AMENDMENTS (PA2018-075) Site Locations: West Ocean Front properties, generally located between 24th Street and 48th Street Summary: The City is proposing amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to establish a new Special Flood Hazard (VE) Overlay District for properties along West Ocean Front, generally located between 24th Street and 48th Street, and designated by the Federal Emergency Management Agency (FEMA) as being in the VE Special Flood Hazard Area (VE Zone). The proposed overlay would modify development standards for new residential projects allowing raised walkways, decks, and stairs with necessary guardrails to encroach into the front, side, and rear setback areas to provide reasonable use and site access. The raised decks and walkways would be elevated similarly to the required elevated finished floor of the new home. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(C)(2), 15060(c)(3), and 15378. The action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment. The Amendments themselves do not authorize development that would directly result in physical change to the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-022 recommending the City Council approve PA2018-075, including the Zoning Code Amendment and the Local Coastal Program Amendment, and authorize staff to submit the amendment to the California Coastal Commission. Senior Planner Westmoreland used a presentation to provide an overview of the proposed code amendments, FEMA flood maps, VE Zone location, affected west oceanfront properties, unique requirements for the VE Zone, new construction compliant design standards, an example of a home build to the new standards, new construction and site access challenges, reasons for amending the code, proposed amendments, full encroachment locations site plan exhibit and 3-D view, elevation drawing from the side of the property and section view, community outreach, comparison with a beach front home and beach location at the corner, street or alley perspective with and without a gate, summary, and recommended action and next steps. In response to Commissioner Harris’ question, Senior Planner Westmoreland clarified that the side yard with the railings on the top of the stairs is required to be 40 percent open as per the NBMC. In response to Commission Langford’s question, Senior Planner Westmoreland noted that Dana Point adopted a flood hazard zone overlay and stated that they share the same challenges. In response to Vice Chair Rosene’s concern for meeting clearance requirements around the catwalk, Senior Planner Westmoreland explained the property line separation requirements and an alternative for shrinking the building envelope. In response to Commissioner Barto’s questions, Senior Planner Westmoreland indicated that building engineers evaluate walls or fences on a case by case basis to determine if they are acceptable, that certain building materials are required within the designated three-foot area to satisfy fire and building standards, and that breakaway walls are used to provide a level of security. Planning Commission Meeting May 4, 2023 Page 4 of 6 In response to Commissioner Harris’ question, Senior Planner Westmoreland related staff’s primary concern for the visible side yards that face the street, a code provision that limits the catwalks to the minimum extent necessary to access the dwelling, and an evaluation of the full encroachment as per Council direction. In response to Secretary Klaustermeier’s question, Senior Planner Westmoreland relayed the building code provision for home renovations and thresholds that trigger bringing the project up to code. In response to Vice Chair Rosene’s question, Senior Planner Westmoreland noted that the setback requirements are only different for corner properties to provide for visibility. Commissioners reported no ex parte communications. Chair Ellmore opened the public hearing. Jim Mosher suggested replacing “finish” with “finished” on handwritten page 28 in provision number five for consistency, deleting item number six in provision six to eliminate repetitive text and changing the text “Guard rails and handrails have to be at least 40% open” to “…40% is open or constructed of transparent material,” and omitting “the” in “by measuring the five feet” found in a paragraph of subsection A on the same page. Senior Planner Westmoreland thanked Mr. Mosher for his comments and relayed that staff would take them into consideration. Chair Ellmore closed the public hearing. Commissioner Harris’ expressed concern for the amendments and suspected growing pains and appreciated the hard work by staff. Motion made by Commissioner Harris and seconded by Secretary Klaustermeier to approve the item as recommended by staff. AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None ITEM NO. 4 HOUSING ELEMENT IMPLEMENTATION - NOISE-RELATED AMENDMENTS (PA2022-0201) Site Locations: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Golf Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. Summary: Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour areas specified by the 2008 John Wayne Airport Environs Land Use Plan, and as illustrated in the attached Noise Contours and Housing Opportunity Sites Map. Recommended Action: 1. Conduct a public hearing; Planning Commission Meeting May 4, 2023 Page 5 of 6 2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense exemption because they would not result in physical environment impacts; and 3. Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise Amendment to the City Council (PA2022-0201). Motion made by Commissioner Barto and seconded by Chair Ellmore to continue the item to May 18, 2023. AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None VIII. NEW BUSINESS ITEM NO. 5 PLANNING COMMISSION MEETINGS CHANGE OF TIME Site Location: Citywide Summary: Proposal to modify the Rules of Procedures of the Planning Commission to change the meeting start time from 6:30 p.m. to 6:00 p.m. Recommended Action: 1. Invite public comment; 2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 3. Modify the Rules of Procedures for the Planning Commission to change its regular meeting start time to 6:00 p.m. Chair Ellmore opened the public hearing. Jim Mosher expressed concern that an earlier meeting time might negatively impact community attendance, recapped the history of Planning Commission meeting start times, and noted the option to start Planning Commission meetings earlier when lengthy agendas are expected. In response to Chair Ellmore’s question, Deputy Community Development Director Campbell noted varied City Council meeting start times of 4 p.m., 5 p.m., and 6 p.m. Chair Ellmore closed the public hearing. Motion made by Vice Chair Rosene and seconded by Secretary Klaustermeier to approve the item as recommended by staff and effective immediately. AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None Planning Commission Meeting May 4, 2023 Page 6 of 6 IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 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 announced that the fractional ownership and parking update code amendments will go to the City Council next Tuesday (May 9, 2023), the next Planning Commission meeting scheduled for May 18, 2023, will include two items and the noise-related element of the Housing Element implementation will require the attendance of all Commissioners. He noted that the June 8 meeting will include three items. Jim Mosher indicated that his previously submitted written comments were not included with tonight’s meeting materials and suggested all written comments for Item No. 4 received for tonight’s meeting be considered when the item is addressed on May 18th. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Secretary Klaustermeier requested an excused absence for the June 8, 2023, Planning Commission meeting. X. ADJOURNMENT – With no further business, Chair Ellmore adjourned the meeting at 7:26 p.m. The agenda for the May 4, 2023, Planning Commission meeting was posted on Thursday, April 27, 2023, at 8:20 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, April 27, 2023, at 8:06 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Sarah Klaustermeier, Secretary May 18, 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 MAY 4, 2023 The passages in italics are from the draft minutes, with corrections suggested in strikeout underline format. Page 2 of 6, full paragraph 1: “Senior Planner Westmoreland used a presentation to review the proposed project location, 3-D image images of the bluff from 2019 and 2020, background, Coastal Development Permit (CDP) history, …” [What was shown was two separate images, and as best I can tell from the video there was no mention of them being “3-D.”] Page 2 of 6: Note the inconsistent spelling of “k-rail” vs. “K-rail” on this page. Page 2 of 6, full paragraph 2: “No ex parte communications were reported from the The Commissioners reported receiving no ex parte communications.” [Without correction, this could quite plausibly be read to say the Commissioners failed to make any reports.] Page 2 of 6, full paragraph 6: “In response to Secretary Klaustermeier’s question, Ms. Schaffner indicated that the tarping is meant to reduce the erosion and micropile walls increase safety factors for residential structures but do not shore up the bluff, noted the successful results from tarping, and expressed no awareness of any area becoming red tagged on the site.” Page 3 of 6, full paragraph 1: “Senior Planner Westmoreland used a presentation to provide an overview of the proposed code amendments, FEMA flood maps, VE Zone location, affected west oceanfront properties, unique requirements for the VE Zone, new construction compliant design standards, an example of a home build built to the new standards, new construction and site access challenges, reasons for amending the code, proposed amendments, full encroachment locations site plan exhibit and 3-D view, elevation drawing from the side of the property and section view, community outreach, comparison with a beach front home and beach location at the corner, street or alley perspective with and without a gate, summary, and recommended action and next steps.” Page 4 of 6, paragraph 5: “The Commissioners reported receiving no ex parte communications.” Page 4 of 6, paragraph 9 (just before Motion): “Commissioner Harris’ Harris expressed concern for the amendments and suspected growing pains and appreciated the hard work by staff.” Planning Commission Meeting - May 18, 2023 Item No. 1a - Additional Materials Received Draft Minutes of May 4, 2023