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c�<,FORN'P City Council Staff Report
October 27, 2020
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
icam pbelI(a-).newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for October 22, 2020
CONSENT ITEMS:
ITEM NO. 1
SUMMARY
ACTION
ITEM NO. 2
MINUTES OF SEPTEMBER 17, 2020
Draft minutes from the September 17, 2020, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits from
a member of the public. The amended minutes were approved by the following
vote.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
Approved as amended
CORTELL TRUST ENROACHMENT (PA2020-287)
Site Location: 425 Tustin Avenue
SUMMARY: A request to waive City Council Policy L-6 to install non-compliant private
improvements within the Tustin Avenue public right-of-way consisting of two 6 -inch
steps and a fence with 36 -inch high pilasters that encroach up to 8 feet 10 inches
into the public right-of-way.
The Planning Commission approved the project as recommended by the following
vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved
12-1
Planning Commission Agenda Report for October 22, 2020
October 27, 2020
Page 2
ITEM NO. 3 BARRETT ENCROACHMENT (PA2020-288)
Site Location: 445 Tustin Avenue
SUMMARY: A request to waive City Council Policy L-6 to retain non-compliant improvements
within the Tustin Avenue public right-of-way including two walls with a maximum
height of thirty-nine (39) inches that encroach up to eight (8) feet into the public
right-of-way.
The Planning Commission approved the project as recommended by the following
vote.
NOES:
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
None
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved
PUBLIC HEARING ITEMS:
ITEM NO. 4 AT&T SMALL CELL SLC0902 APPEAL (PA2019-113)
Site Location: Public right-of-way, City streetlight number SLC0902, at the
northwestern corner of 38th Street and Lake Avenue
SUMMARY: An appeal of the Zoning Administrator's decision on August 27, 2020 to approve a
coastal development permit allowing the installation of a small cell wireless facility
on a City -owned streetlight pole. Project implementation will be fully contained
within the public right-of-way on 38th Street and includes the: (1) removal and
replacement of an existing City streetlight; (2) installation of a small cell wireless
facility consisting of four remote radio units, a raycap disconnect, and an omni-
directional antenna within a 12 -inch diameter screening shroud. This equipment
would be fixed to the top of the replaced streetlight pole for a maximum height of
27 feet, 6 inches; and (3) establishment of supporting equipment in an adjacent
below grade vault.
The Planning Commission conducted a public hearing and approved the project
as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Koetting, Lowrey, Rosene, and Weigand
NOES:
Kleiman
ABSENT:
None
ABSTAIN:
None
ACTION: Approved
ITEM NO. 5 AT&T SMALL CELL SLC4653 APPEAL
Site Location: Public right-of-way, city streetlight number SLC4653. On the
north side of Bayside Drive, approximately 900 feet northwest of EI Paseo Drive
SUMMARY: An appeal of the Zoning Administrator's decision on August 27, 2020 to approve a
coastal development permit allowing the installation of a small cell wireless facility
on a City -owned streetlight pole. Project implementation will be fully contained
within the public right-of-way on Bayside Drive and includes the following: (1)
Removal and replacement of an existing City streetlight; (2) Installation of a small
cell wireless facility that consists of four remote radio units, a raycap disconnect,
and an omni -directional antenna within a 12 -inch diameter antenna screening
shroud. This equipment would be fixed to the top of the replaced streetlight pole
12-2
Planning Commission Agenda Report for October 22, 2020
October 27, 2020
Page 3
for a maximum height of 27 feet, 5 inches. Support equipment will be in an adjacent
below grade vault.
The Planning Commission conducted a public hearing and approved the project
as recommended by the following vote.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved
ITEM NO. 6 CHIHUAHUA CERVEZA EXPANSION (PA2019-160)
Site Location: 3107 Newport Boulevard and 3109 Newport Boulevard
SUMMARY: An expansion of an existing 1,878 -gross -square -foot restaurant with an existing
259 -square -foot patio into the adjacent commercial suite. With the expansion, the
restaurant is proposed to be 2,616 square feet with a 626 -square -foot patio. This
expansion requires the parking reduction of 25 parking spaces within the existing
shopping center. The applicant proposes to upgrade the existing Type 41 ABC
License (Beer and Wine) to a Type 47 (On -Sale General Eating Place) and provide
live entertainment in the form of two non -amplified performers. Pursuant to
Newport Beach Municipal Code (NBMC) Chapter 5.25 (Operator License for
Establishments Offering Alcoholic Beverages for On -Site Consumption in
Combination with Late Hours, Entertainment, and or/ Dance), the operation
requires the owner/operator to obtain an operator license with the approval of a
conditional use permit. No late hours or dancing are proposed as part of this
application. If approved, this Conditional Use Permit would supersede Use Permit
No. UP2010-036.
The Planning Commission conducted a public hearing and approved the project
as recommended with modifications to the conditions by the following vote.
Approved as amended.
AYES:
Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES:
Ellmore and Koetting
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as amended
ITEM NO. 7 POUR VIDA RESTAURANT (PA2019-259)
Site Location: 5000 Birch Street
SUMMARY: A conditional use permit to establish a 3,027 -square -foot restaurant with 1,830
square feet of net public area (839 square feet interior and 991 exterior) in an
existing 10 -story office building within Koll Center Planned Community Office Site
B (KCN Site B). The restaurant includes a Type 41 (On -Sale Beer and Wine)
Alcoholic Beverage License, with no late hours. The proposed hours of operation
are 6 a.m. to 11 p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and
Sunday. There will be no live entertainment or dancing. Also included is a request
to waive 21 parking spaces.
The Planning Commission conducted a public hearing and approved the project
as recommended by the following vote.
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Planning Commission Agenda Report for October 22, 2020
October 27, 2020
Page 4
AYES:
Klaustermeier, Kleiman, Koetting, Rosene, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Ellmore and Lowrey
ACTION: Approved
ITEM NO. 8 APPOINTMENT OF COMMISSIONER FOR CIRCULATION ELEMENT UPDATE
OUTREACH EFFORT
Summary: Appointment of a Planning Commissioner to assist the Outreach Subcommittee of
Housing Element Update Committee in regard to the outreach effort for the
Circulation Element.
The Planning Commission appointed Commissioner Koetting by the following vote.
Action:
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved
12-4
October 27, 2020
Agenda Item No. 12
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 22, 2020
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER
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 SEPTEMBER 17, 2020
To comment on this item during the meeting, please call 949-270-8165.
Recommended Action: Approve and file
ITEM NO. 2 CORTELL TRUST ENROACHMENT (PA2020-287)
Site Location: 425 Tustin Avenue
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A request to waive City Council Policy L-6 to install non-compliant private improvements within the Tustin
Avenue public right-of-way consisting of two 6 -inch steps and a fence with 36 -inch high pilasters that
encroach up to 8 feet 10 inches into the public right-of-way.
Recommended Action:
Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures),
because it has no significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to install noncompliant
private improvements consisting of two steps and a fence with pilasters that encroach into the
Tustin Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit
process being met (Attachment No. PC 1); and
3. Adopt Resolution No. PC2020-038 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2020-0482.
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Planning Commission Regular Meeting Agenda
October 22, 2020
ITEM NO. 3 BARRETT ENCROACHMENT (PA2020-288)
Site Location: 445 Tustin Avenue
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A request to waive City Council Policy L-6 to retain existing non-compliant improvements within the Tustin
Avenue public right-of-way including two walls with a maximum height of thirty-nine (39) inches that
encroach up to eight (8) feet into the public right-of-way.
Recommended Action:
Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures),
because it has no significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain non-compliant
private improvements consisting of two walls that encroach into the Tustin Avenue public right-
of-way, contingent upon all conditions of the Encroachment Permit process being met; and
3. Adopt Resolution No. PC2020-039 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2020-0512.
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. 4 AT&T SMALL CELL SLC0902 APPEAL (PA2019-113)
Site Location: Public right-of-way, City streetlight number SLC0902, at the northwestern
corner of 38th Street and Lake Avenue.
To comment on this item during the meeting, please call 949-270-8165.
Summary:
An appeal of the Zoning Administrator's August 27, 2020, decision to approve a coastal development
permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole.
Recommended Action:
1. Conduct a de novo public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New
Construction or Conversion of Small Structures), respectively, of the State CEQA (California
Environmental Quality Act) 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 the
exceptions to the Class 3 exemption under Section 15300.2 do not apply; and
3. Adopt Resolution No. PC2020-034 upholding the decision of the Zoning Administrator and
approving Coastal Development Permit CD2020-119 with the attached Findings and Conditions.
2 of 4
Planning Commission Regular Meeting Agenda
October 22, 2020
ITEM NO. 5 AT&T SMALL CELL SLC4653 APPEAL (PA2019-115)
Site Location: Public right-of-way, city streetlight number SLC4653. On the north side
of Bayside Drive, approximately 900 feet northwest of EI Paseo Drive
To comment on this item during the meeting, please call 949-270-8165.
Summary:
An appeal of the Zoning Administrator's August 27, 2020, decision to approve a coastal development
permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole.
Recommended Action:
1. Conduct a de novo public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New
Construction or Conversion of Small Structures), respectively, of the State CEQA (California
Environmental Quality Act) 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 the
exceptions to the Class 3 exemption under Section 15300.2 do not apply; and
3. Adopt Resolution No. PC2020-035 affirming the decision of the Zoning Administrator and
approving Coastal Development Permit CD2020-118 with the attached Findings and Conditions.
ITEM NO. 6 CHIHUAHUA CERVEZA EXPANSION (PA2019-160)
Site Location: 3107 Newport Boulevard and 3109 Newport Boulevard
To comment on this item during the meeting, please call 949-270-8165.
Summary:
Conditional Use Permit (CUP) and Coastal Development Permit for the expansion of an existing
restaurant into the adjacent commercial suite. The application includes a 25 -space parking waiver and a
change to the existing alcohol license from a Type 41 ABC License (Beer and Wine) to a Type 47 (On -
Sale General Eating Place). The application also includes a request to allow limited live entertainment in
the form of two non -amplified performers and no late hours past 11 p.m. or dancing are proposed. If
approved, the subject CUP would supersede the existing CUP (UP2010-036).
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) and 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. PC2020-036 approving Conditional Use Permit No. UP2019-035 and
Coastal Development Permit No. CD2020-001.
3 of 4
Planning Commission Regular Meeting Agenda
October 22, 2020
ITEM NO. 7 POUR VIDA RESTAURANT (PA2019-259)
Site Location: 5000 Birch Street
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A conditional use permit to establish a 3,027 -square -foot restaurant with 1,830 square feet of net public
area (839 square feet interior and 991 exterior) in an existing 10 -story office building within Koll Center
Planned Community Office Site B (KCN Site B). The restaurant includes a Type 41 (On -Sale Beer and
Wine) Alcoholic Beverage License, with no late hours. The proposed hours of operation are 6 a.m. to 11
p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. There will be no live
entertainment or dancing. Also included is a request to waive 21 parking spaces.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment; and
3.Adopt Resolution No. PC2020-037 approving Use Permit No. UP2019-056.
VIII. DISCUSSION ITEMS
ITEM NO. 8 APPOINTMENT OF COMMISSIONER FOR CIRCULATION ELEMENT UPDATE
OUTREACH EFFORT
Summary:
Appointment of a Planning Commissioner to assist the Outreach Subcommittee of Housing Element
Update Committee in regards to the outreach effort for the Circulation Element.
Recommended Action:
1. Determine this activity is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, Title 14, Division 6, Chapter 3
because this action will not result in a physical change to the environment, directly or indirectly;
and
2. Appoint Commissioner Koetting to work with the Outreach Subcommittee of the Housing Element
Update Advisory Committee.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 9 MOTION FOR RECONSIDERATION
ITEM NO. 10 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT
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