HomeMy WebLinkAbout1.0_Draft Minutes of January 18, 2024
Page 1 of 5
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 18, 2024
REGULAR MEETING – 6:00 P.M.
I. CALL TO ORDER – 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Commissioner Lowrey
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady
Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner
David Salene
ABSENT: None
Staff Present: Assistant City Manager/Community Development Director Jurjis, Acting Deputy Community
Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic
Engineer Brad Sommers, Senior Planner David Lee, Administrative Assistant
Clarivel Rodriguez, and Department Assistant Savannah Martinez
IV. PUBLIC COMMENTS
Regarding the reasonable accommodation case at 1691 Orchard Drive, Jim Mosher thought the
hearing officer and Planning Commission were not properly informed about the land use regulations
and pre-annexation agreement that apply to Santa Ana Heights.
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF DECEMBER 21, 2023
Recommended Action: Approve and file
Motion made by Secretary Harris and seconded by Vice Chair Rosene to approve the minutes of
December 21, 2023, including Mr. Mosher’s edits.
AYES: Ellmore, Langford, Lowrey, Harris, Rosene, and Salene
NOES: None
ABSTAIN: Barto
ABSENT: None
ITEM NO. 2 MINUTES OF JANUARY 4, 2024
Recommended Action: Approve and file
Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve the minutes
of January 4, 2024, with Mr. Mosher’s edits.
AYES: Barto, Ellmore, Langford, Lowrey, Harris, Rosene, and Salene
Planning Commission Meeting Minutes
January 18, 2024
Page 2 of 5
NOES: None
ABSTAIN: None
ABSENT: None
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 BAY BRIDGE PUMP STATION (PA2023-0076)
Site Location: 250 East Coast Highway and 100 Dover Drive
Summary:
A major site development review and coastal development permit for the following:
• The demolition of an existing pump station and associated force mains and construction a
new pump station (total of approximately 7,500 square feet) that includes a new
underground pump room, electrical room, odor control facility, and a generator room;
• The installation of new, 30-inch dual force mains by micro-tunneling beneath East Coast
Highway from the Project across the Newport Bay Channel, to a new valve vault located
below grade in the public right-of-way at the southeast corner of the intersection of West
Coast Highway and Dover Drive; and
• The temporary use of a portion of the City-owned Lower Castaways Park as a construction
staging yard. The Applicant proposes to use approximately 18,000 square feet of the
southwest corner of Lower Castaways Park, which is to be fenced and screened. This allows
the Applicant to temporary locate office trailers, stage and store construction equipment and
materials, and provide vehicle parking.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project complies with the California Environmental Quality Act (CEQA) as it is
consistent with the certified environmental impact report (EIR) for Project No. 5-67, also
known as the Bay Bridge Pump Station and Force Mains Replacement Projects as
approved by the Orange County Sanitation District, and the subsequent certified
Addendum to the EIR; and
3. Adopt Resolution No. PC2024-002 approving a Major Site Development Review and
Coastal Development Permit (PA2023-0076).
Commissioner Barto recused himself due to personal property within 500 feet of the subject
property.
Senior Planner Lee used a presentation to outline the Major Site Development Review and Coastal
Development Permit for the Orange County Sanitation District (OCSD) Bay Bridge pump station,
including the project location, background, adjusted property lines, public views access to
Castaway Park, revised conditions of approval, CEQA review, and an additional proposed
condition of approval.
Planning Commission Meeting Minutes
January 18, 2024
Page 3 of 5
In response to Commissioner Langford’s question regarding consistency with the architectural
design of the future Back Bay Landing mixed-use project, Acting Deputy Community Development
Director Murillo stated that early discussions for the mixed-use project included a coastal
mediterranean architecture, but with possible development changes, staff thought the proposed
design of the pump station would fit in better with the future project.
In response to Secretary Harris’ question regarding status of litigation, Assistant City Attorney
Summerhill indicated that the court had a limited order, the addendum was completed and certified
this summer, the case is closed, and both parties have agreed to terminate the litigation.
The Commissioners disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
Mike Dorman, Director of Engineering of OCSD, used a presentation to review the Bay Bridge pump
station replacement, OCSD mission and service area, Newport Beach pump stations, project
overview, existing Bay Bridge pump station, reasons for the project, microtunneling section, new
pump station design, and pump station cut section rendering and access. He agreed to the
recommended conditions.
In response to Commissioner Langford’s question, Mr. Dorman confirmed that the station will be at
the same capacity as it is now.
In response to Vice Chair Rosene’s questions, Mr. Dorman clarified that the primary site access is a
permanent easement and assumed that the roadway will be used jointly with the Bayside Village
Marina during construction and then be integrated into the Back Bay Landing plan.
In response to Vice Chair Rosene’s inquiry, Harmik Aghanian with Arcadis and design consultant for
OCSD, explained the background of the access road and stated that they have past renderings from
PC-9. Acting Deputy Community Development Director Murillo stated that PC-9 contains conceptual
plans included for exhibits and a coastal architectural theme and the City has not received revised
designs from the Back Bay Landing team.
In response to Vice Chair Rosene’s suggestion to add a depression in the sidewalk (noted on page
177) to help with the transition, Mr. Aghanian stated that the minimum sidewalk is 8-1/2 feet at the
driveway entrance and beyond 10 feet to the east side to accommodate chemical delivery trucks.
In response to Secretary Harris’ questions, Mr. Dorman stated that they have the rights to the
property and will be going to court to determine the value of the property, the easement was granted
with the eminent domain case, and they are willing to make building color changes to match a
neighboring design. He reviewed the process to determine the location.
John Erskine, Nossaman LLP partner and representative of the property owners, stated a wonderful
working relationship with staff and noted efforts to negotiate a willing seller/purchaser acquisition
with the OC San District, having learned a lot from the depositions collected from the four project
managers, the challenges of the project, and having tried to work proactively with the OC San District.
He relayed that the eminent domain case will go to a jury trial in July and the problems with the
project size.
Planning Commission Meeting Minutes
January 18, 2024
Page 4 of 5
Michael Gelfand, representing the ownership of the Bayside Village Marina and Back Bay Landing
project, noted the impact of the project, suggested the proposal be rejected and recreated by OSCD
with community input, traced the project history, and noted alternatives.
Jim Mosher reviewed the proposed project design diagrammed on page 177 and made suggestions.
Julie Sheffield expressed concern about the access road on Bayside Drive, the impact from the
number of trucks, and hours of operation.
Mr. Dorman noted the daily truck traffic on the access road and thought the pump station is properly
sized to meet the demand.
Traffic Engineer Sommers noted a rolled curb in the plans to address an abrupt driveway drop off
and beneficial access off Bayside Drive.
Acting Deputy Community Development Director Murillo noted that staff worked with OCSD to review
many design options, make changes, and justify sizing and indicated that staff believes that OSCD
did the best they could to select an architectural theme not knowing what the neighboring mixed-use
project will look like in the future.
In response to Commissioner Langford’s inquiry, Mr. Gelfand suggested that the exterior façade be
changed in the future to match his project and expressed concern for the project footprint, setbacks,
easement through the middle of the property, and size. He thought that there was not enough room
to add a parking lot behind the easement.
Chair Ellmore closed the public hearing.
Commissioner Lowrey expressed confusion for the status of the condemnation litigation. Assistant
City Attorney Summerhill deferred the issue to the applicant but conveyed that she thought they have
the right of possession, and the squabble is over the value.
Commissioner Langford expressed concern for the architectural impact with the future Back Bay
Landing project.
Chair Ellmore reminded the Commissioners to address the matter based on the merits of the
application.
Commissioner Harris relayed that although the project has made its way through the courts, he does
not think it is ideal.
Commissioner Lowrey expressed an increased comfort with the project’s merits if the matter is
settled by a judge.
Vice Chair Rosene expressed concern for the project size, location, and thoughtfulness.
Chair Ellmore noted future surrounding development is unknown and the Commission needs to focus
on the application presented, expressed concern or the size and location, trusted staff’s
recommendation, and did not find a reason to not approve the project.
Planning Commission Meeting Minutes
January 18, 2024
Page 5 of 5
Motion made by Secretary Harris and seconded by Chair Ellmore to approve the item with a
condition, modification, or inclusion that would state that staff can require the applicant to modify the
exterior aesthetics in the future to match surrounding development.
AYES: Ellmore, Harris, Rosene, and Salene
NOES: Langford, Lowrey
ABSTAIN: None
RECUSED: Barto
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
None
ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED
ON A FUTURE AGENDA
Acting Deputy Community Development Director Murillo announced that the Airport Land Use
Commission found two residential projects proposed for the John Wayne Airport area inconsistent
and staff will schedule a public hearing with the City Council on February 13 to discuss a potential
override. Furthermore, he noted that the February 8 Planning Commission meeting is cancelled,
and the February 22 meeting has scheduled a variance and coastal development permit for a new
single-family home, and one consent item to formally adopt a resolution for a reasonable
accommodation request for the keeping of chickens.
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
Secretary Harris requested an excused absence on February 22.
IX. ADJOURNMENT – With no further business, the meeting was adjourned by Chair Ellmore at 7:09
p.m.
The agenda for the January 18, 2024, Planning Commission meeting was posted on Thursday,
January 11, 2024, at 5:35 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, January 11, 2024, at 5:32 p.m.
_______________________________
Curtis Ellmore, Chair
_______________________________
Tristan Harris, Secretary
February 22, 2024, 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 JANUARY 18, 2024
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 2, last paragraph: “Senior Planner Lee used a presentation to outline the Major Site
Development Review and Coastal Development Permit for the Orange County Sanitation
District (OCSD) Bay Bridge pump station, including the project location, background, adjusted
property lines, public views,access to Castaway Castaways Park, revised conditions of
approval, CEQA review, and an additional proposed condition of approval.”
Page 4, last paragraph: “Chair Ellmore noted future surrounding development is unknown and
the Commission needs to focus on the application presented, expressed concern or for the size
and location, trusted staff’s recommendation, and did not find a reason to not approve the
project.”
Planning Commission - February 22, 2024 Item No. 1a - Additional Materials Received Draft Minutes of January 18, 2024