HomeMy WebLinkAbout12-09-2021 - Planning CommissionNEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 9, 2021 REGULAR MEETING – 6:30 P.M. I. CALL TO ORDER – The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Rosene III. ROLL CALL PRESENT: Vice Chair Lauren Kleiman, Secretary Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Erik Weigand, Commission Peter Koetting, and Commissioner Mark Rosene (departed at 6:46 p.m.) ABSENT: Chair Lee Lowrey Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Police Civilian Investigator Wendy Joe, Senior Planner Ben Zdeba, Associate Planner Liz Westmoreland, Administrative Assistant Clarivel Rodriguez, and Department Assistant Amanda Lee IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 18, 2021 Recommended Action: Approve and file Motion made by Commissioner Weigand and seconded by Commissioner Rosene to approve the minutes of the November 18, 2021, meeting with Mr. Mosher's proposed edits. AYES: Kleiman, Rosene, Klaustermeier, Koetting, and Weigand NOES: ABSTAIN: Ellmore ABSENT: Lowrey VII. PUBLIC HEARING ITEM(S) ITEM NO. 2. SKAL RESTAURANT MINOR USE PERMIT (PA2021-149)
Site Location: 3400 Via Oporto, Suite 104 Summary: The proposed project would authorize the establishment of a pizza restaurant with outdoor patio seating and a Type 47 (On-Sale General – Eating Place) Alcoholic Beverage Control (ABC) License. The restaurant includes 1,453 square feet of gross floor area including 347 square feet of interior net public area and a 219-square-foot outdoor dining area. The project would comply with the parking allocations in the approved Conditional Use Permit (UP2017-019) for Lido Marina Village. Hours of operation are from 9:00 am to 11:00 p.m., daily. No late hours (i.e., after 11p.m.), dancing, or live entertainment is proposed.
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Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to
have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-033 approving Minor Use Permit No. UP2021-029. Associate Planner, Liz Westmoreland, utilized a presentation to explain the proposed Use Permit, vicinity map, project overview, project details, Malibu Farm relationship, floor plans, and recommended action.
In response to Commissioner Koetting’s question, Associate Planner Westmoreland reported a 2017 parking amendment to accommodate offsite employee parking locations, valet option, and pricing, and noted reduced off-site parking complaints and a pending amendment to the Conditional Use Permit.
In response to Vice Chair Kleiman’s questions, Associate Planner Westmoreland indicated that most area restaurants
are conditioned to close by 11 p.m. except for a couple of restaurants, and music ceases by 10 p.m.
Commissioners disclosed no ex parte communications.
Vice Chair Kleiman opened the public hearing.
John Stockwell, applicant, commented on the employee on-site parking benefits, noted the relief to parking with Electra
gone, shared his excitement for a new concept, and agreed to the Conditions of Approval.
In response to Commissioner Koetting’s questions, Mr. Stockwell indicated the storage area to be removed was
previously owned by Electra. Associate Planner Westmoreland reported that Electra is generally being replaced by
small scale boat rentals.
Jim Mosher highlighted the General Plan commitment to preserve water dependent uses and thought the Condition of
Approval 37 on page 24 lacked abbreviation clarity and purpose.
Vice Chair Kleiman closed the public hearing.
Motion made by Commissioner Weigand and seconded by Secretary Ellmore to approve the staff recommendation. AYES: Kleiman, Ellmore, Rosene, Klaustermeier, and Weigand NOES: RECUSED: ABSENT: Lowrey ITEM NO. 3 2021-2029 HOUSING ELEMENT UPDATE Site Location: Citywide Summary: An amendment to the Newport Beach General Plan incorporating the 6th Cycle Housing Element update for the 2021-2029 planning period. The proposed update is a comprehensive statement of the City’s
housing policies and serves as a guide for implementation of these policies. As required by state law, the update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively
furthering fair housing (AFFH). Recommended Action: 1. Conduct a public hearing;
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2. Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-034 recommending adoption of General Plan Amendment No.
GP2021-005 for the 2021-2029 6th Cycle Housing Element Update to the City Council.
Senior Planner, Ben Zdeba, provided a brief overview of the 2021-2029 6th cycle draft Housing Element, Regional Housing Needs Assessment (RHNA) table, 50 outreach and engagement activities, the structure of the Housing Element, key policy actions, site inventory map for the Airport Area Environs, Airport Land Use map, site inventory map for the Newport Center Area, housing strategy table, California Department of Housing and Community Development (HCD) review, recent and upcoming schedule, CEQA, and staff recommendations. In response to Commissioner Klaustermeier’s questions, Senior Planner Zdeba confirmed that the Housing Element is a planning document, no inclusionary housing requirement exists, and as such there is no requirement in place for builders to provide affordable housing. Community Development Director Seimone Jurjis reported an inclusionary ordinance will be under consideration by the Council, including a study, possible options for straight requirements by affordability level or an in-lieu fee, Density Bonus laws, and project fees to apply toward Affordable Housing. Deputy Community Development Director Jim Campbell reported projects in the Newport Place Planned Community have used the Density Bonus provisions and the PC has an inclusionary requirement for Affordable Housing. In response to Commissioner Weigand’s questions, Senior Planner Zdeba indicated that the 1971 City Sight Plane Ordinance for regulates development in part of Newport Center as seen from Harbor View Hills and he recapped Housing Element Update Advisory Committee members’ concerns about the determination of certifiability and the CEQA language. Commissioner Weigand announced meeting with Chair Lowrey, Vice Chair Kleiman and staff regarding Accessory Dwelling Units (ADU) stages and project efficiency. Community Development Director Jurjis added that the Planning Commission Ad Hoc Committee for ADUs focuses on permissive ADU ordinance language and gathering public input. In response to Commissioner Koetting’s questions, Senior Planner Zdeba clarified overlaying as a rezoning mechanism to prevent land use changes and confirmed 1,475 units at Banning Ranch and 1,753 units at Newport Center in the Housing Element. Community Development Director Jurjis noted parcels included in the Housing Element that represent land not impacted by environmental sensitive areas. In response to Vice Chair Kleiman’s questions, Senior Planner Zdeba clarified that overlays will be used to create a tapering effect for unit availability until eventually the RHNA allocation capacity is met and no more units are permitted. He also clarified the use of overlays on top of existing zoning to allow for additional opportunities to add housing, next steps after certification including an update to the General Plan, preparing the EIR, completing environmental studies before building, and sharing a full memorandum for the CEQA exemption reasoning at the time of consideration for adoption. He further indicated the Charter Section 423 constraints from the HCD that could prohibit housing development in accordance with the Housing Element and may eventually nullify and result in a decertification of the Housing Element if the vote were to fail, the Milestone Table in the updated Housing Element document for voting procedures and next steps, and the Sight Plane Ordinance for future development. Vice Chair Kleiman and Commissioner Weigand disclosed ex parte communications with members of the public. Commissioners Klaustermeier and Koetting disclosed no ex parte communications. Vice Chair Kleiman opened the public hearing. President of the Harbor View Hills Community Association and past Planning Commissioner, Debra Allen, thanked staff and the Planning Commission for recognizing the importance of the Sight Plane Ordinance and offered her time to answer questions.
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Jim Mosher thought the Housing Element document contains staff written policies never publicly reviewed or discussed, nor reviewed by the Housing Element Update Advisory committee, relayed consequences to the City for not following through with the Housing Element plan within eight years, noted incomplete and outdated Housing Element copies for
public review, and questioned the impact of Senate Bill (SB) 9 to the Housing Element plan and HCD’s interpretation of the Banning Ranch housing plan. Nancy Scarbrough outlined the outreach and engagement meetings she attended, total affordable housing challenges, total development potential increase, and SB 9 impact and suggested 100 percent senior affordable housing projects to reduce the overall number of Market Rate Housing Units, additional ADUs, SB 9 development consideration, and
directing development fees to Affordable Housing projects. Vice Chair Kleiman closed the public hearing.
Senior Planner Zdeba confirmed the charge of the Housing Element Update Advisory Committee, and that policy was shared with the City Council during Study Sessions, the Banning Ranch map site place holder has no site specificity,
no implementation program exists in the Housing Element for SB 9, SB 9 provides no affordability requirement, no guidance from HCD specifies how to implement SB 9 in the Housing Element, and no limits were placed on Affordable Housing Units.
In response to Commissioner Koetting’s question, Senior Planner Zdeba confirmed that the RHNA compliance timelines vary by region.
In response to Commission Weigand’s questions, Senior Planner Zdeba indicated that the City could consider enacting
housing affordability requirements for SB 9 projects through an ordinance and other cities have done so at the risk of HCD guidance countering and noted the inclusion of a policy in the draft housing Element that prioritizes affordable
senior housing and programming to encourage 100 percent senior affordable housing projects.
In response to Vice Chair Kleiman’s questions, Senior Planner Zdeba reported that Newport Beach is among other cities to submit preliminary Housing Element drafts to HCD, with some cities not yet submitted and others not submitting
for a second review.
Vice Chair Kleiman closed the public hearing. Motion made by Commissioner Koetting and seconded by Secretary Ellmore to approve the staff recommendation.
AYES: Kleiman, Klaustermeier, Weigand, Ellmore, and Koetting NOES:
RECUSED: Rosene ABSENT: Lowrey
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. Deputy Community Development Director Campbell reported on Study Sessions with the City Council regarding the Parking Code Update Amendment and SB 9 & SB 10 with direction to staff for a future amendment and an ordinance to the Planning Commission in early 2022 after receiving HCD’s guidance memo. He further indicated that the Council approved the Library Lecture Hall design, LCP Clean-up item, and code amendments related to tattoo establishments
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and Short-Term Lodging. City Hall will be closed on December 24 – January 2, 2022, and the next Planning Commission meeting will take place on December 20 and Ad Hoc City Council meeting on December 13 to discuss redistricting. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
None lX. ADJOURNMENT – 7:42 p.m. The agenda for the December 9, 2021, Planning Commission meeting was posted on Friday,
December 03, 2021, at 2:22 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, December 03, 2021, at 2:20 p.m.
_______________________________
Lee Lowrey, Chairman
_______________________________
Curtis Ellmore, Secretary
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