HomeMy WebLinkAbout1.0_Draft Minutes_03-07-2019IV
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VI.
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MARCH 7, 2019
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER — The meeting was called to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE — Secretary Lowrey
ROLL CALL
PRESENT: Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Lauren Kleiman, Commissioner
Peter Koetting
ABSENT: Chair Peter Zak, Commissioner Curtis Elmore, Commissioner Kory Kramer
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Yolanda Summerhill, Senior Engineer David Keely, Assistant Planner Melinda
Whelan, Administrative Support Specialist Tiffany Lippman
PUBLIC COMMENTS
None
REQUEST FOR CONTINUANCES
None
CONSENT ITEMS
V#
Commissioner Koetting requested Item Number 3 be removed from the Consent Calendar for discussion.
ITEM NO. 1 MINUTES OF JANUARY 17, 2019
Recommended Action: Approve and file
ITEM NO.2 MINUTES OF FEBRUARY 21, 2019
Recommended Action: Approve and file
A Motion was made by Secretary Lowrey and seconded by Commissioner Koetting to approve the minutes of
the January 17, 2019, and February 21, 2019, meetings with the revisions suggested by Mr. Mosher.
AYES:
Weigand, Lowrey, Koetting
NOES:
None
ABSTAIN:
Kleiman
ABSENT:
Zak, Ellmore, Kramer
ITEM NO.3
Policy L-6 Waiver for Encroachment Permit (PA2019-013)
Site Location: 3100 Breakers Drive
Summary:
A request to waive City Council Policy L-6 to install private improvements within the Ocean
Boulevard/CdM Main Beach Ramp public right-of-way consisting of nine (9) sets of permanent
structural tie -backs in the slope below existing grade.
Recommended Action:
1. Conduct a public hearing;
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2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures), because it
has no potential to have a significant effect on the environment;
3. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to allow the
construction of nine sets of permanent below -grade structural tie -backs that encroach into the
Ocean Boulevard/CdM Main Beach Ramp public right-of-way, contingent upon all conditions
of the Encroachment Permit process being met; and
4. Adopt Resolution No. PC2019-007 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2017-0642.
Senior Engineer David Keely from the Public Works Department reported the applicant requests a waiver of
Council Policy L-6 to install nine sets of tie -backs with each set consisting of four tie -backs. The tie -backs will be
entirely below grade, will not project past the curb face, and will encroach between 12 and 33 feet into the public
right-of-way. At street grade, the minimum depth of the tie -backs will be 52 feet. The tie -backs will not impact
existing or future utilities in the area. Staff received a comment letter regarding the project designer not holding
an architect's license issued by the State of California. The design firm has a licensed architect on staff, and he is
working on the project. Therefore, staff believes the comment is not an issue.
Vice Chair Weigand noted the item before the Commission was not the project but the tie -backs encroaching into
the right-of-way.
In response to Commissioner Koetting's queries, applicant Geoff Sumich explained that holes will be drilled
diagonally into the hillside, and rods and concrete will be inserted into the holes to form the tie -back. Tie -backs
are the most efficient and strongest method to support a retaining wall structure.
Vice Chair Weigand opened the public hearing.
Mr. Mosher inquired whether the hillside needs stabilizing or whether construction of the project creates the need
to stabilize the hillside. He inquired whether the tie -backs will encroach 33 feet or 50 feet into the right-of-way. He
inquired about the consequences of removing the tie -backs from the right-of-way in the future.
Senior Engineer Keely advised that 33 feet is based on the structural engineer's diagrams included in the packet.
The tie -backs will reinforce the hillside and roadway above the project.
Vice Chair Weigand closed the public hearing.
In reply to Commissioners' questions, Senior Engineer Keely indicated the project will require shoring to protect
the adjacent properties and the hillside during construction. The roadway will be open during construction. The
drilling process will not destabilize the roadway.
A Motion was made by Commissioner Koetting and seconded by Secretary Lowrey to take the recommended
actions.
AYES: Weigand, Lowrey, Kleiman, Koetting
NOES: None
ABSTAIN: None
ABSENT: Zak, Ellmore, Kramer
VII. NEW BUSINESS
ITEM NO. 4 Annual General Plan/Housing Element Progress Report for 2018 (PA2007-195)
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.
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Recommended Action:
1. Find the preparation, review and submission of the 2018 General Plan Status 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 2018 General Plan Status Report, including the Housing Element
Annual Progress Report; and
3. Recommend the City Council review and authorize the submittal of the 2018 General Plan
Status 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 Melinda Whelan reported State law requires the City to report ongoing efforts to implement its
General Plan. The 2018 General Plan Progress Report (Report) includes ongoing tasks and long-term
coordination between local, regional, and State agencies. The City Council will review the Report, and staff will
forward it to the Office of Planning and Research (OPR) and the State Department of Housing and Community
Development (HCD) on or before April 1.
New State laws require the use of new forms and the reporting of additional housing data. The new reports are
protected and too complex to print in a legible form; therefore, staff provided the full forms through a link in the staff
report and one copy that is difficult to read is here if anyone would like to see it. Table A provides the number of
housing development applications submitted in 2018. Accessory dwelling units (ADU) are tracked separately and
per HCD can be counted towards requirements for lower-income housing if the applicant provides intent use of
the unit for the appropriate income level. Table A2 provides the number of net new units permitted. The majority
of net new units were provided in the Uptown Newport project. While the Uptown Newport project received building
permits in 2017, net new units were not reported in 2017. HCD staff advised City staff to count the Uptown Newport
net new units in 2018. Table B provides the City's progress towards meeting its Regional Housing Needs
Allocation (RHNA) of five units. In 2018, 93 very -low-income units and 405 above -moderate -income units were
permitted. Phase I construction of the Uptown Newport project is underway, and completion is expected by the
end of March. Construction of The Cove, also known as the Newport Veterans Project was completed in 2018,
and all units have been leased. The Senior Housing Assistance Repair Program (SHARP) continues and benefited
nine households in 2018. The Newport Crossings project includes 78 units for low-income households.
Deputy Community Development Director Jim Campbell advised that the City Council has initiated the General
Plan Update process. The General Plan is available on the City website. Table LU2 does not reflect transfers
adopted by the City Council, but an updated Table LU2 will be available on March 20, 2019.
In response to the Commission's questions, Deputy Community Development Director Campbell related that there
are various types of housing that can be counted towards RHNA. Staff anticipates receiving an estimated RHNA
number in early 2020 and a final number in October 2020. Staff expects the new RHNA number will be much
larger than five. Assistant Planner Whelan explained that under the commercial density bonus a developer can
receive additional density in exchange for rezoning a parcel from commercial to residential.
Commissioners reported no ex parte communications.
Jim Mosher requested the consequences of the City not providing housing in the low-income and moderate -
income categories for RHNA; the status of an appeal of the Newport Crossings project; and the provisions of the
General Plan that do not comply with State requirements.
Deputy Community Development Director Campbell reported the City will not suffer any consequences for not
providing low-income and moderate -income housing in the current cycle. The Safety Element needs updates
pertaining to wildland fire, flooding, and climate change. The next General Plan will comply with State laws,
guidelines issued in 2017, and the desires of the community. An appeal of the Newport Crossings project has
also been filed.
In response to inquiries from the Commission, Deputy Community Development Director Campbell reported
excess units in one income category cannot be applied to another income category. Staff anticipates low-income
and moderate -income units will be provided possibly through ADUs. An application for a project at Banning Ranch
is not pending. Assistant Planner Whelan added that typographical errors within the report will be corrected.
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IX.
3/7/2019
A Motion was made by Commissioner Koetting and seconded by Commissioner Kleiman to take the
recommended actions.
AYES:
Weigand, Lowrey, Kleiman, Koetting
NOES:
None
ABSTAIN:
None
ABSENT:
Zak, Ellmore, Kramer
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.
Community Development Director Jurjis reported the General Plan Update Steering Committee, which is working
on a Request for Proposals (RFP) for a consultant to facilitate the Listen and Learn process, held its second
meeting on March 6, 2019. The next meeting is scheduled for March 20, 2019. On March 12, 2019, the City
Council will appoint two additional members to the Steering Committee.
The Federal Emergency Management Agency (FEMA) has released new flood maps, which affects approximately
1,800 properties on the Balboa Peninsula and harbor. Staff has invited FEMA to attend a community meeting on
March 14, 2019.
The Council heard an appeal of the Planning Commission's denial of a use permit for E Art Gallery and requested
the Planning Commission rehear the item with new evidence presented during the Council hearing. The item will
be presented to the Planning Commission on March 21, 2019.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
Commissioner Koetting indicated he will not be available for a Planning Commission meeting on March 21,
2019.
ADJOURNMENT — 7:08 p.m
The agenda for the March 7, 2019, Planning Commission meeting was posted on Friday, March 1, 2019,
at 1:50 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 Friday, March 1, 2019, at 1:35
p.m.
Peter Zak, Chairman
Lee Lowrey, Secretary
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