HomeMy WebLinkAbout16 - Planning Commission Agenda and Action ReportTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
May 12, 2020
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for April 23, 2020
ITEM NO. 1 MINUTES OF APRIL 23, 2020
SUMMARY: Draft minutes from the April 23, 2020, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits to the
minutes from a member of the public.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand
NOES:
None
ABSENT:
Rosene
ABSTAIN:
None
ACTION: Approved as amended.
PUBLIC HEARING ITEMS:
ITEM NO. 2 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).
• Maximum covered third floor area (enclosed or unenclosed) limited to 50
percent of buildable area. Uncovered deck area would remain unrestricted.
• Third floor step back standards (front and rear) would apply to 25 -foot wide or
less lots zoned R-2 (currently exempt).
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ACTION
ITEM NO. 3
Planning Commission Agenda Report for April 23, 2020
May 12, 2020
Page 2
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.
Sinale-Unit and Two -Unit Dwellinas in the R -BI and RM Zones
Third floor and open volume standards applicable to R-1 and R-2 zones would now
apply to single- and two -unit dwellings in Two -Unit Residential, Balboa Island (R-
BI) and Multiple Residential (RM) zones.
The Planning Commission conducted a public hearing and continued this item off
calendar for staff to consider additional refinements to the proposed amendment.
AYES: Kleiman, Koetting, Lowrey, and Weigand
NOES: Ellmore, Klaustermeier
ABSENT: Rosene
ABSTAIN: None
Item continued to an undetermined date.
EXTENSION OF AN AMORTIZATION PERIOD FOR NONCONFORMING SIGNS
(PA2019-184)
Site Location: Citywide
SUMMARY: Amendments to Section 20.42.140(A) of Title 20 (Planning and Zoning) and
Section 21.30.065(E) of Title 21 (Local Coastal Program Implementation Plan) of
the Newport Beach Municipal Code (NBMC) to extend an amortization period for
nonconforming signs. NBMC currently requires nonconforming signs to be
removed by October 27, 2020. These amendments would extend the deadline for
the removal to October 27, 2025.
The Planning Commission conducted a public hearing and recommends the City
Council eliminate the amortization requirement for legal non -conforming signs.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand
NOES:
None
ABSENT:
Rosene
ABSTAIN:
None
ACTION: Adopted a resolution recommending the City Council eliminate the amortization
requirement.
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Planning Commission Agenda Report for April 23, 2020
May 12, 2020
Page 3
NEW BUSINESS:
ITEM NO. 4 CITY COUNCIL POLICY K-3 AMENDMENT (CEQA PROCEDURES) REGARDING
SB 743 VEHICLE MILES TRAVELED POLICY AND PROCEDURES
Site Location: Citywide
SUMMARY: Senate Bill (SB) 743, signed in 2013, changes the way transportation studies are
conducted in California Environmental Quality Act (CEQA) documents. Vehicle
Miles Traveled (VMT) replaces motorist delay and level of service (LOS) as the
new metric for transportation impact determinations in CEQA. The State requires
all cities to adopt a VMT policy to include transportation impact thresholds. Public
Works staff has prepared a framework for completing a CEQA-level VMT
transportation analysis for proposed land development projects and transportation
improvement projects.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand
NOES:
None
ABSENT:
Rosene
ABSTAIN:
None
ACTION: Recommend City Council approval of the proposed amendment to City Council
Policy K-3 as presented by staff.
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May 12, 2020
Agenda Item No. 16
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MAY 7, 2020
REGULAR MEETING — 6:30 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC COMMENTS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction
of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state
your name for the record and print your name on the blue forms provided at the podium.
Please call 949-270-8165 during the meeting to provide public comments on non -agenda items.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF APRIL 23, 2020
To comment on this item during the meeting, please call 949-270-8165.
Recommended Action: Approve and file
VII. PUBLIC HEARING ITEMS
Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for
the record and print your name on the blue forms provided at the podium. If in the future, you wish to challenge
in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to
raising only those issues, which you (or someone else) raised orally at the public hearing or in written
correspondence received by the City at or before the hearing.
ITEM NO. 2 RESIDENTIAL DESIGN STANDARDS CODE AND LCP AMENDMENTS (PA2019-070)
Site Location: Citywide
To comment on this item during the meeting, please call 949-270-8165.
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 are designed to reduce bulk and
mass associated with future residential development as follows:
Revisions to Third Floor Development Standards
• Application of existing third floor front and rear step back requirements to covered deck areas and
to narrower lots 25 -foot wide or less lots that are zoned R-2 (the narrower lots are currently exempt).
• Application of existing third floor side step back requirements to lots 30 feet wide or greater.
• Establish a new maximum coverage standard for third floor structures (enclosed or unenclosed) by
limiting them to 50 percent of buildable area of a lot. Uncovered deck area would remain
unrestricted.
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Planning Commission Regular Meeting Agenda
May 7, 2020
Clarification of the Definition of Gross Floor Area
• Currently finished attics with a ceiling height of 6 feet or higher meet the definition and the
amendment would change the definition to include unfinished attics.
• Covered patios, decks, and balconies above the first floor would be defined as floor area unless
completely open on at least two sides, rather than one side.
• Carports only open on one side would be defined as floor area.
Chanaes Applicable to Sinale-Unit and Two -Unit Dwellinas in the R -BI and RM Zones
Existing third floor and open volume standards applicable to residences and duplexes in the R-1
(Single -unit Residential) and R-2 (Two -unit Residential) zones would apply to future single- and two -
unit dwellings in Two -Unit Residential, Balboa Island (R -BI) and Multiple Residential (RM) zones.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The
proposed action is also exempt pursuant to State CEQA Guidelines Section 15061 (b)(3) because it
has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2020-013 recommending the City Council approve Amendment No.
CA2019-004; and of the proposed amendments to the City Council; and
4. Adopt Resolution No. PC2020-014 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-006 to the California Coastal Commission.
ITEM NO. 3 EXTENSION OF AN AMORTIZATION PERIOD FOR NONCONFORMING SIGNS
(PA2019-184)
Site Location: Citywide
To comment on this item during the meeting, please call 949-270-8165.
Summary:
Amendments to Section 20.42.140(A) of Title 20 (Planning and Zoning) and Section 21.30.065(E) of Title
21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to extend
an amortization period for nonconforming signs. NBMC currently requires nonconforming signs to be
removed by October 27, 2020. These amendments would extend the deadline for the removal to October
27, 2025.
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3;
3. Adopt Resolution No. PC2020-015 recommending the City Council approve Zoning Code
Amendment No. CA2019-007 to amend Section 20.42.140(A) (Nonconforming Signs) of Title 20
(Planning and Zoning) of the Newport Beach Municipal Code; and
2 of 3
Planning Commission Regular Meeting Agenda
May 7, 2020
4. Adopt Resolution No. PC2020-016 recommending the City Council approve Local Coastal Program
Amendment No. LC2019-005 and authorize staff to submit the amendment to the California Coastal
Commission to amend Section 21.30.065(E) of Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code.
VIII. NEW BUSINESS:
ITEM NO. 4 CITY COUNCIL POLICY K-3 AMENDMENT (CEQA PROCEDURES) REGARDING
SB 743 VEHICLE MILES TRAVELED POLICY AND PROCEDURES
Site Location: Citywide
To comment on this item during the meeting, please call 949-270-8165.
Summary:
Senate Bill (SB) 743, signed in 2013, changes the way transportation studies are conducted in California
Environmental Quality Act (CEQA) documents. Vehicle Miles Traveled (VMT) replaces motorist delay and
level of service (LOS) as the new metric for transportation impact determinations in CEQA. The State
requires all cities to adopt a VMT policy to include transportation impact thresholds. Public Works staff has
prepared a framework for completing a CEQA-level VMT transportation analysis for proposed land
development projects and transportation improvement projects.
Recommended Action:
1. Determine that the actions is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(3) of the CEQA Guidelines, because it will not result in a physical
change to the environment, directly or indirectly; and
2. Adopt Resolution No. PC2020-017 recommending an Amendment to City Council Policy K-3,
Implementation Procedures for the California Environmental Quality Act, to add Vehicle Miles
Traveled (VMT) Analysis Methodology.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
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.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT
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