HomeMy WebLinkAbout1.0_Draft Mintues of March 7, 2024
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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MARCH 7, 2024
REGULAR MEETING – 6:00 P.M.
I. CALL TO ORDER– 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Former Planning Commissioner Korey Kramer
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and
Commissioner David Salene
ABSENT: Vice Chair Mark Rosene, Secretary Tristan Harris, and Commissioner Brady Barto
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, Assistant Planner Jenny Tran,
Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon
IV. PUBLIC COMMENTS
Jim Carlson expressed concern for the current project notification distance of 300 feet and suggested the
City of Newport Beach change it to go beyond that.
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF FEBRUARY 22, 2024
Recommended Action: Approve and file
Motion made by Commissioner Langford and seconded by Commissioner Salene to approve the minutes
of February 22, 2024, including Mr. Mosher’s edits.
AYES: Ellmore, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: Barto, Harris, and Rosene
ABSENT: None
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 GENESIS AUTOMOBILE DEALERSHIP APPEAL (PA2023-0094)
Site Location: 320, 400, 410, 500, and 600 West Coast Highway
Summary:
An appeal of the Zoning Administrator’s February 1, 2024, decision to approve a minor use permit,
minor site development review, modification permit, and tentative parcel map to allow the demolition
of the existing on-site structures, and the construction and operation of an automobile dealership.
The proposed automobile dealership consists of an approximately 19,952-square-foot, two-story, 25-
foot tall, building that includes a showroom, sales office, storage area, electric vehicle (EV) repair
Planning Commission Meeting Minutes
March 7, 2024
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area (i.e., EV Lab), and employee areas. The dealership will involve the sale and minor repairs of
EVs only. Parking is provided within a surface parking lot and at-grade enclosed parking at the rear
of the property. The request includes a modification permit to allow the structure to encroach up to
6-inches into the 5-foot rear setback. The tentative parcel map is requested to merge 11 underlying
legal lots into a single lot. Lastly, the project includes removal of two above ground utility poles and
relocation of the curb along the project frontage on West Coast Highway to allow smoother flow of
traffic from the intersection at Dover Drive.
Recommended Actions:
1. Conduct a de novo 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), pursuant to Section 15301
under Class 1 (Existing Facilities), and pursuant to 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; and
3. Adopt Resolution No. PC2024-004 denying the appeal and upholding and affirming the
Zoning Administrator’s approval for a Minor Use Permit, Minor Site Development Review,
Modification Permit and Tentative Parcel Map filed as PA2023-0094 (Attachment No. PC
1).
Assistant City Attorney Summerhill reported for the record that Commissioner Barto recused himself due
to a real property conflict.
Assistant Planner Tran used a presentation to review the project location and description, improvements
to Coast Highway, square footage discrepancy, Zoning Administrator (ZA) action, appeal, CEQA
exemptions, EV services, traffic concerns, public noticing, concerns brought forth during the ZA hearing,
modifications to resolution, and recommendation.
In response to Commissioner Langford’s inquiry, Acting Deputy Community Development Director Murillo
noted that the City strives to underground electrical poles with new development and this project provides
an opportunity to underground two poles on the back of the bluff. He stated that he did not know the
related policy requirements.
In response to Commissioner Salene’s question, Assistant Planner Tran clarified the setback modification
terms.
Chair Ellmore disclosed ex parte communication with the applicant’s representative, while the other
Commissioners had none.
Chair Ellmore opened the public hearing.
Shawna Schaffner, CEO of CAA Planning representing the project applicant, utilized a presentation to
review the proposed project, existing site plan, Google Street view of the property, existing surrounding
usage map aerial view, and the proposed site plan, project renderings, site section, and building and site
elevations. Furthermore, she presented the landscape plan, West Coast Highway curb relocation and
striping, modification permit justification, public outreach, issues raised in the appeal, and Jim Carlson’s
letter. She agreed with the conditions of approval and the resolution as amended and noted by staff.
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March 7, 2024
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Charles Krolikowski, counsel for the appellant, noted the objections to public noticing discrepancies,
CEQA exemptions, and cumulative impacts. He requested the Planning Commission grant the appeal,
reverse the decision, and send it back to staff for additional environmental review.
Kory Kramer represented the ownership of Balboa Bay Resort and Club and expressed strong support
for the project and asked for the Planning Commission to approve the project as proposed.
Patrick Vernola, owner of 321 Kings Road, expressed concern for the project’s setback encroachment,
traffic, noise, and air quality conditions. He objected to the project.
Jim Carlson reviewed photos he took of the property and noted substantial grading needed for the project
and anticipated movement, 20-foot retaining walls at the existing Mariner’s Pointe building, City sewer
transversing through properties critical to movement, and slope failures on Kings Road. He suggested
more studies and opposed the lack of planning and study on excavation and grading.
Maryam Parman, appellant and Kings Road resident, opposed the project.
Jim Mosher stated his opinion for the reason that the slope is not recognized as a bluff in the Coastal
Land Use Plan, thought an easy remedy exists for the two-inch encroachment, questioned if the
dealership is a full auto dealership and requires a conditional use permit, and expressed concern for the
project impact and a proper analysis of the environmental impacts.
Russ Flutter, property owner, reviewed the project details and merits and urged the approval of the
project.
Ms. Schaffner confirmed compliance for the public notice provided for the project, stated that the CEQA
exemptions are not environmentally related mitigation measures, and the project does not require a
cumulative impact analysis, and noted geotechnical, safety, and grading impact concerns are being
addressed.
Mr. Krolikowski thought public notice should include everyone in the zone and further review and analysis
is required to address the potential environmental impacts.
Chair Ellmore closed the public hearing.
Acting Deputy Community Development Director Murillo stated that the public noticing was properly
prepared and in compliance with the Newport Beach Municipal Code and State law. Additionally, he noted
that it is not uncommon to develop along this hillside and sited examples, indicated that the plans will be
reviewed by the City’s professional building and geotechnical engineers and reports will be prepared to
address slope stability, relayed that the staff supports the CEQA exemptions, and noted the robust facts
provided in the resolution.
Assistant City Attorney Summerhill relayed that the favorable presumptions in the categorical CEQA
exemptions were supported by 11 technical reports, and it is incumbent upon the opponents to
demonstrate inadequacy of the reports. She reported not hearing any factual evidence in the record that
would dictate a different result or require an environmental impact report (EIR). She noted that no General
Plan Amendment or Zoning Code Amendment is required so no additional cumulative impacts need to
be analyzed beyond what was already tied into the 2006 General Plan Update. Finally, she disclosed that
the City complied with the statutory requirements for noticing.
Chair Ellmore reviewed the purview of the Planning Commission.
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March 7, 2024
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Commissioner Lowrey thought staff did a good job supporting the findings and resolution, expressed
confidence that the retaining wall will be designed correctly before construction, and supported the
resolution.
Commissioners Salene and Langford supported the project.
Motion made by Commissioner Lowrey and seconded by Commissioner Salene to approve the item as
amended.
AYES: Ellmore, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto, Harris, Rosene
VIII. NEW BUSINESS
ITEM NO. 3 GENERAL PLAN ANNUAL PROGRESS REPORT (PA2007-195)
Site Location: Citywide
Summary:
Annual progress report on the status and implementation of the General Plan and Housing Element
as required by State law and General Plan Implementation Program 1.3.
Recommended Action:
1. Find the preparation, review and submission of the 2023 General Plan Annual Progress
Report and Housing Element 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 2023 General Plan Progress Report, including the Housing
Element Annual Progress Report; and
3. Recommend the City Council review and authorize the submittal of the 2023 General Plan
Progress Report to the California Office of Planning and Research (OPR) and the submittal
of the Housing Element Annual Progress Report to the State Department of Housing and
Community Development (HCD).
Acting Deputy Community Development Director Murillo used a presentation to review the 2023 Annual
Report, progress report, General Plan Update status, key deliverables and timeline, how the public can
participate, 2023 housing activity, 2023 Regional Housing Needs Assessment (RHNA) progress, current
Housing Element implementation focus, and other Housing Element highlights and accomplishments.
Chair Ellmore opened the public hearing.
Jim Mosher relayed that the current set of spreadsheets that populate the summary tables have not been
posted on the City’s website for public review and noted discrepancies in last year’s housing production
in the summary RHNA table, other tables with pending applications, and 150 Newport Center luxury
product included in the approved affordable projects. He thought moving and changing the standards for
the noise contour should be included in the accomplishments.
Chair Ellmore closed the public hearing.
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March 7, 2024
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Motion made by Commissioner Langford and seconded by Commissioner Salene to approve the item
as recommended.
AYES: Ellmore, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto, Harris, Rosene
IX. 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 indicated that the March 21 Planning
Commission meeting will be canceled due to no scheduled agenda items. He also noted that one item
remains planned for the April 4 meeting after the second item, Starbucks at 2523 East Bluff Drive,
withdrew their application and may result in the meeting being rescheduled.
Jim Mosher thanked the Planning Commission for paying attention to the happenings of the Zoning
Administrator meetings.
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
None
X. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 7:14 p.m.
The agenda for the March 7, 2024, Planning Commission meeting was posted on Thursday,
February 29, 2024, at 4:23 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, February 29, 2024, at 4:53 p.m.
_______________________________
Curtis Ellmore, Chair
_______________________________
Seimone Jurjis, Ex-Officio Secretary
April 18, 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 MARCH 7, 2024
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 1 of 5, Item II (PLEDGE OF ALLEGIANCE):“Former Planning
Commissioner Korey Kory Kramer”
Page 1 of 5, Item III (ROLL CALL): “Staff Present: Assistant City Manager/Community
Development Director Seimone Jurjis,…”
Planning Commission - April 18, 2024 Item No. 1a - Additional Materials Received Draft Minutes of March 7, 2024