HomeMy WebLinkAbout20200123_PC_MinutesVII. PUBLIC HEARING ITEMS
Planning Commission Minutes
January 23 , 2020
ITEM NO. 3 24 HARBOR ISLAND PROPERTY LINE WALL VARIANCE (PA2019-059)
Site Location: 24 Harbor Island
Summary:
A coastal development permit and variance to construct a 120-foot long, 6-foot-tall block wall located along
the southeasterly side property line where wall height is limited to 42 inches because the 11 .5-foot side
setback area is regulated as a front setback.
Recommended Action:
1. Conduct a public hearing;
2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines ,
because it has no potential to have a significant effect on the environment; and ,
3. Adopt Resolution No . PC2020-001 approving Coastal Development Permit No . CD2019-021 and
Variance No . VA2019-004.
Associate Planner Chelsea Crager reported the applicant requests an increase in the height of the property line
wall. The wall was previously approved at a height of 42 inches . The application requires a variance and a coastal
development permit. The wall is located in the side setback , but it is regulated as a front setback because the
setback area the wall is located within is identified on a setback map that is part of the Zoning Code . The project
site is located on a private island, and a house on the property site is under construction . The subject property is
the result of a lot merger. An easement for a private walkway or roadway cuts across the island along the east
side of the subject property, but there are no plans to develop the walkway or roadway. Three other properties
affected by the same easement have been granted modification permits or variances allowing structures to
encroach into the required setback that corresponds to the easement area. Staff believes the findings for a
variance can be made and has drafted relevant conditions of approval. Staff recommends approval of the
application . Staff has received two letters in support of the project , one of which conditions its support upon the
addition of a condition of approval.
Commissioner Rosene and Vice Chair Weigand disclosed telephone conversations with the applicant's
representative . Commissioner Kleiman disclosed email correspondence with the applicant's consultant.
Commissioners Klaustermeier and Lowrey disclosed no communications. Chair Koetting d isclosed a tour of the
site with the general contractor. Commissioner Ellmore disclosed a conversation with the applicant's consultant
and a tour of the site with the general contractor.
Chair Koetting opened the public hearing .
Shawna Schaffner, CAA Planning , advised that she has reviewed and agrees to the staff report , findings of fact ,
and conditions of approval. The applicant requests a variance to increase the height of an approved wall located
within a side setback . Three sides of the property are regulated as front yards , and a 6-foot wall is not allowed in
a front yard . The Harbor Island Community Association (HICA) approved the housing project in 2015 after the
applicant relocated a 50-foot segment of the wall pursuant to HICA's request. The Coastal Commission issued a
coastal development permit (CDP) for the housing project in 2017, and the City issued a building permit shortly
thereafter. The wall's location has remained the same for each application. HICA's 2014 letter indicates the
easement is largely obsolete. HICA's 2020 letter appears to rescind its 2015 approval unless the property owners
adjacent to the easement agree not to park in the area next to the house. The property owner does not agree to
HICA's proposed condition of approval.
In response to Commissioners' questions , Ms . Schaffner indicated based on the approved wall configuration and
a height of 3 1/2 feet , the area in dispute could accommodate vehicle parking . The easement was not recorded
and is shown on the Tract Map only. Approximately 26 feet from the street , the low wall transitions with a pilaster
to a 6-foot wall. Double gates into the side yard are located 50 feet from the street. The gates are also 6 feet tall.
If parking in the area where the wall turns away from the street is not restricted, HICA will withdraw its approval of
the project. Ms. Schaffner related that she was retained in 2016 to assist the applicant with obtaining the CDP
and was not a party to any discussions about the design of the house . After the City obtained the authority to grant
2 of 6
Planning Commission Minutes
January 23, 2020
variances in the Coastal Zone, the property owner requested she pursue a variance to increase the height of the
wall. If the segment of 6-foot-tall wall does not affect views or coastal access, a variance should be granted given
the prevailing development on the island. She could not speak to parking restrictions along the street, but there
are no red curbs on the street. Given the limited amount of parking, additional parking would benefit residents.
Parking restrictions are not a matter for the City because the property is located on a private island. The parking
area is located on the applicant's property rather than the street. Ms. Schaffner believed HIGA has stated it wants
the easement for vehicular access. A photo of Lot 7 shows a vehicle parked adjacent to the home in the 30-foot-
wide roadway easement.
Deputy Community Development Director Campbell expressed confidence that the Planning Commission can act
on the CDP application and approve a variance. Associate Planner Crager advised that she did not notice any
red curbs during her site visit.
Jim Mosher questioned the City's ability to modify a permit approved by the Coastal Commission when the public
has been told that the Coastal Commission would have to approve any changes to a CDP it issued many years
ago for a hotel project. HIGA seems to have some mysterious right to redraw the Tract Map. The private property
lines extend to the center of the island, which would also be the center of the 30-foot road in the center of the
island. He was unsure whether Ms. Schaffner would claim that the property owners have the right to construct a
3 1/2-foot wall in the center of the main roadway. Amending the setback maps would be more straightforward and
permanent than requesting a variance. Staff and the applicant's logic in making the variance findings begins with
the premise that everyone is entitled to a 6-foot wall located on a property line.
A HIGA representative from Total Property Management, stated there is disagreement about an understanding
that was reached during an onsite meeting. However; she was not present at the meeting. The height of the wall
is not HICA's concern. HICA's concern is emergency vehicle access if vehicles are parked in the easement.
Chair Koetting remarked that access for emergency vehicles has been viable since 1926. He indicated he was a
Commissioner when the Planning Commission approved projects for parcels 7 and 8, and emergency vehicle
access was not mentioned for those projects. The area in question is at least 30 feet deep, and only 8 feet would
be needed for a turnaround.
Vice Chair Weigand advised that the Planning Commission cannot change the conditions of approval for parcel
26 as the HIGA letter requests.
Commissioner Klaustermeier believed HIGA would want off-street parking so that parked vehicles did not obstruct
access.
The HIGA representative indicated recent events have raised the access issue for HIGA. Large vehicles have
difficulty turning around to exit the island. The easement could be a turnaround for large vehicles, but vehicles
parked in the easement would remove that ability.
Commissioner Rosene recommended HIGA revise the map to reflect existing conditions.
In reply to Commissioner Kleiman's inquiry, Associate Planner Crager reported all City departments, including Fire,
reviewed the plans and approved the location of the wall at a height of 42 inches.
Commissioner Kleiman stated HIGA has a community safety concern, but the Planning Commission's purview is
the height of the wall. HIGA will need to find a different approach to address its concern.
Community Development Director Seimone Jurjis clarified that the Fire Department did not review the project for
response times specifically. Congestion on Harbor Island is no different than congestion on Balboa Island, the
Peninsula, or Corona del Mar. The Fire Department did not provide comments other than it had no issue with a
variance for the wall. HIGA may wish to discuss response times with the Fire Marshal or Fire Chief.
In answer to Commissioner Kleiman's query, Ms. Schaffner reported the housing project includes a three-car
garage and a golf cart garage. The garage is set back from the street such that guests could parallel park onsite
in front of the garage. The area in question could also accommodate off-street parking.
3 of 6
Planning Commission Minutes
January 23, 2020
Chair Koetting closed the public hearing.
Motion made by Commissioner Lowrey and seconded by Commissioner Rosene to approve the staff
recommendation.
AYES:
NOES:
Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Rosene
None
ABSTAIN: None
ABSENT: None
ITEM NO.4 RESIDENTIAL DESIGN STANDARDS CODE AND LCP AMENDMENTS (PA2019-070)
Site Location: Citywide
Summary:
Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code (NBMC) revising development standards applicable to single-and two-
unit residential development. Specifically, the proposed amendments would reduce bulk and mass
associated with future residential development as follows:
Revisions to Third Floor Standards
• Third floor step backs would apply to covered deck areas (currently applies only to enclosed floor
area).
• Third floor side step backs would apply to lots 30 feet wide or greater (currently applies to lots wider
than 30 feet).
• Third floor standards would apply to Balboa Island (currently exempt).
• Maximum covered third floor area (enclosed or unenclosed) limited to 50 percent of buildable area.
Uncovered deck area would remain unrestricted.
Clarification of Gross Floor Area
• Unfinished attics with a ceiling height of 6 feet or higher would count as floor area (currently only
finished attics count).
• Covered patios, decks, and balconies above the first floor would count as floor area unless completely
open on at least two sides, rather than one side.
• Carports only open on one side would count as floor area.
Single-Unit and Two-Unit Dwellings in RM Zone
Existing third floor and open space standards applicable to R-1 and R-2 zones would now apply to single-
and two-unit dwellings in RM zones.
Recommended Action:
This item has been removed from the calendar to allow additional legal review of the proposed
amendments to ensure compliance with recent changes in State law.
Chair Koetting announced the item is continued to February 20, 2020.
VIII. DISCUSSION ITEMS
ITEM NO. 5 AB 881 (ACCESSORY DWELLING UNITS) AND SB 330 (HOUSING CRISIS ACT OF 2019)
City Planning Consultant David Blumenthal reported in 2019 the California Legislature declared a statewide
housing crisis, which will remain in effect until 2025, and adopted 18 new laws that impact housing. Senate
Bill (SB) 13, Assembly Bill (AB) 68, and AB 881 impact the regulation of accessory dwelling units (ADU). SB
330 applies to development projects comprised of solely residential units; mixed-use projects with two-thirds
4 of 6