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CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MARCH 4, 2021 REGULAR MEETING - 6:30 P.M. ERIK WEIGAND Chair LEE LOWREY
0BVice Chair
LAUREN KLEIMAN
Secretary 3BCURTIS ELLMORE
4BSARAH KLAUSTERMEIER 5BPETER KOETTING 6BMARK ROSENE Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for four-year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are:
1BSEIMONE JURJIS, Community Development Director
2BJIM CAMPBELL, Deputy Community Development Director
YOLANDA SUMMERHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer CLARIVEL RODRIGUEZ, Administrative Support Specialist SPECIAL NOTICE REGARDING COVID-19 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows Council Members to attend City Council meetings telephonically. Please be advised that to minimize the spread of COVID-19, some, or all, of the Newport Beach City Council Members may attend this meeting telephonically.
Also, please be advised that on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows for the
public to participate in any meeting of the City Council telephonically or by other electronic means. Given the health risks associated with COVID-19, the City of Newport Beach has decided to not have City Council Chambers open to the public for this meeting. As a member of the public, if you would like to participate in this meeting, you can participate via the following options: 1. You can submit your questions and comments in writing for Planning Commission consideration by sending them to the Planning Commissioners at planningcommissioners@newportbeachca.gov. To give the Planning Commission adequate time to review your questions and comments, please submit your written comments by Wednesday, March 3, 2021, at 5:00 p.m. 2. In addition, members of the public can participate in this meeting telephonically. Specifically, the meeting will be viewable on NBTV and live streamed on the City’s website. If you are watching the meeting on NBTV or via the live stream, during the meeting, phone numbers for the public to call and to comment on specific agenda items will be posted on the screen. When you call, you will be placed on hold until it is your turn to speak. Please note that only twenty (20) people can remain on hold at a time. If you call in to speak on an item and the line is busy, please call back after a few moments. The City will ensure that it allows enough time per item for everyone to call in to comment. 3. If you need special accommodations, you can attend and participate in the meeting by going to the City Council Chambers located at 100 Civic Center Drive where the meeting will be broadcasted, and you can address the Commission. The room has a limited occupancy of 25 people to ensure proper physical distancing. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the process set forth above, please contact the Community Development Department at (949-644-3200 or CDD@newportbeachca.gov) and we will attempt to accommodate you.
The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus.
Planning Commission Regular Meeting Agenda March 4, 2021
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NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's website at: http://www.newportbeachca.gov. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at 949-644-3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission’s
agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded.
Please Note: All mail or written communications (including email) from the public, residents, or applicants regarding an agenda item must be submitted by 5 p.m. on the business day immediately prior to the meeting. This allows time for the Planning Commission to adequately consider the submitted correspondence. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant of this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or lbrown@newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan, Zoning, and Local Coastal Program Amendments are automatically forwarded to the City Council for final action.
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 FEBRUARY 18, 2021 To comment on this item during the meeting, please call 949-270-8165. Recommended Action: Approve and file
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VII. DISCUSSION ITEMS ITEM NO. 2 CIRCULATION ELEMENT UPDATE STATUS REPORT To comment on this item during the meeting, please call 949-270-8165. Summary: A brief status report on the update of the General Plan Circulation Element.
Recommended Action: Receive and file. VIII. 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. 3 WESTCLIFF PLAZA PARKING WAIVER (PA2019-266) Site Location: 1000 – 1150 Irvine Avenue To comment on this item during the meeting, please call 949-270-8165. Summary:
A conditional use permit for the reduction of 139 on-site parking spaces to accommodate the future construction of 9,641 square feet of new commercial pad for future eating and drinking establishments within Westcliff Plaza, as well as 2,312 square feet of new outdoor dining area. Recommended Action: Continue to the March 18, 2021, regular Planning commission Meeting.
ITEM NO. 4 SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE, PARKING LOT AND RECREATION AREA PROJECT APPEAL (PA2019-014) Site Location: Bridge to span Superior Avenue north of West Coast Highway Intersection – Parking lot and recreation area at northeast corner of intersection of West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset View Park
To comment on this item during the meeting, please call 949-270-8165. Summary: An appeal of the Zoning Administrator’s decision on December 10, 2020, to approve a coastal development permit and mitigated negative declaration allowing the demolition of the existing surface parking lot and the construction of a new 128-space surface parking lot, with pedestrian/bicycle concrete
bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park.
The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8-foot maximum height permitted by Newport Beach Municipal
Code Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from this Newport Beach Municipal Code Title 21 development standard, pursuant to Section
21.52.030. The project complies with all other applicable development standards.
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Recommended Action: 1. Conduct a de novo public hearing;
2. Adopt Resolution No. PC2021-005 affirming the decision of the Zoning Administrator and adopting Mitigated Negative Declaration Addendum No. ND2019-002 and approving Coastal Development Permit No. CD2020-143. ITEM NO. 5 FRIENDS OF NEWPORT BEACH ANIMAL SHELTER (PA2020-349) Site Location: 20282 Riverside Drive To comment on this item during the meeting, please call 949-270-8165. Summary:
A conditional use permit to demolish an existing residential kennel and construct a new public animal shelter for cats and dogs. Project implementation would result in a 1,565-square-foot, single-story shelter and a 755-square-foot kennel housing up to 29 dogs. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated “no-kill” shelter. If approved, the
applicant proposes to donate the project to the Newport Beach Police Department to be operated by Animal Control as the City’s permanent animal shelter. Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Title
14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or
Conversion of Small Structures) and that the exceptions to the Class 3 exemption do not apply; and
3. Adopt Resolution No. PC2021-006 finding the proposed animal shelter consistent with the
purpose and intent of the RK (Residential Kennel) zoning district of the Santa Ana Heights Specific Area Plan (SP-7) and approving Conditional Use Permit No. UP2020-193. ITEM NO. 6 BETHEL AND RIDGE SUBDIVISION AND RESIDENCES AMENDMENT (PA2019-085) Site Location: 365 Via Lido Soud, Units 1, 2, 3, and 4 To comment on this item during the meeting, please call 949-270-8165. Summary:
An amendment to a previously approved Coastal Development Permit and Tentative Parcel Map for the subdivision of an existing parcel into two separate lots and demolition of an existing four-unit residence, to include one new single-unit residence with an attached junior accessory dwelling unit on each lot. The proposed subdivision includes a deviation from design standards of Title 19 (Subdivisions) and relief from
Implementation Plan development standards of Title 21 (Local Coastal Program Implementation Plan). The previous approval by the Zoning Administrator was appealed by two California Coastal
Commissioners and the amended application is an attempt to resolve the appeal.
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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) 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. PC2021-007 approving Coastal Development Permit No. CD2019-024 and Tentative Parcel Map No. NP2019-008. IX. NEW BUSINESS ITEM NO. 7 ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195) Site Location: Citywide 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. Recommended Action: 1. Find the preparation, review and submission of the 2020 General Plan Progress 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 2020 General Plan Progress Report, including the Housing Element Annual Progress Report; and
3. Recommend the City Council review and authorize the submittal of the 2020 General Plan Progress 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. X. STAFF AND COMMISSIONER ITEMS ITEM NO. 8 MOTION FOR RECONSIDERATION ITEM NO. 9 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES XI. ADJOURNMENT