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<,FORN'P City Council Staff Report
August 24, 2021
Agenda Item No. 16
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,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for August 19, 2021
CONSENT ITEMS
ITEM NO. 1 MINUTES OF JULY 22, 2021
SUMMARY: Draft minutes from the July 22, 2021, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits to the
minutes. The Planning Commission approved the amended minutes by the
following vote.
AYES: Ellmore, Lowrey, Koetting, Rosene, and Weigand
NOES: None
ABSENT: None
ABSTAIN: Klaustermeier and Kleiman
ACTION: Approved as amended.
ITEM NO. 2 AERIE COMMUNITY ASSOCIATION ENCROACHMENT (PA2021-166)
Site Location: 101 Carnation Avenue
SUMMARY: The Applicant requests approval to retain non-compliant private improvements
consisting of a 42 -inch high wrought iron guardrail on top of a 40 -inch maximum
height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2
inches into the 50 -foot wide Carnation Avenue public right-of-way.
The Planning Commission received public comment and discussed the item. The
Commission approved the item by the following vote:
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
Ellmore
ACTION: Approved as recommended.
PUBLIC HEARING ITEMS
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Planning Commission Agenda Report for August 19, 2021
August 24, 2021
Page 2
ITEM NO. 3 CIRCLE HOOK ALCOHOL LICENSE UPGRADE (PA2021-107)
Site Location: 3432 Via Oporto
SUMMARY: A request to amend and supersede an existing minor use permit that allows a
restaurant with a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic
Beverage Control (ABC) license. Approval of the new Minor Use Permit would
allow the restaurant to upgrade its ABC license to a Type 47 (On -Sale General —
Eating Place). There are no late hours (after 11 p.m.) and no operational changes
or physical alterations proposed as part of this project.
The Planning Commission conducted a public hearing and approved the
application limiting the closing hour to 11:00 p.m. by the following vote.
AYES:
Ellmore, Klaustermeier, Koetting, Lowrey, Rosene, and Weigand
NOES:
Kleiman
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as modified.
ITEM NO. 4 RESIDENCES AT NEWPORT CENTER (PA2020-020)
Site Location: 150 Newport Center
SUMMARY: Development of a four-story, 28 -unit condominium project on a 1.3 -acre parcel
located at the southwesterly corner of the intersection of Newport Center Drive and
Anacapa Drive. The application includes; 1) a General Plan Amendment to change
the site's land use designation from Regional Commercial Office (CO -R) to Multiple
Residential (RM) with a development limit of 28 units; 2) a Zoning Code
Amendment and Planned Community Development Plan to change the site's
zoning classification from Office Regional (OR) to Planned Community (PC)
District and establish land uses and development standards for the Project site; 3)
a Site Development Review and Tentative Tract Map application for the
development of the four-story condominium building; 4) a Development Agreement
that would provide vested rights to develop the project to the applicant and provide
public benefits to the community; and 5) the rescinding of Use Permit No. UP1461
for the existing car wash currently operating at the site that will be demolished.
The Planning Commission conducted a public hearing and adopted a resolution
recommending approval of the proposed project as recommended by the following
vote.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Recommended City Council approval of the project.
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Planning Commission Agenda Report for August 19, 2021
August 24, 2021
Page 3
ITEM NO. 5 PACIFICA CHRISTIAN GENERAL PLAN AND ZONING CODE AMENDMENTS
(PA2021-068)
Site Location: 1499 Monrovia Avenue
SUMMARY: Amendments to the General Plan and Zoning Code to change the land use
designation from Multiple Unit Residential (RM 18 DU/AC) to Private Institution (PI
0.49 FAR); and change the zoning district designation from Multiple Unit
Residential (RM 2420/3100) to Private Institution (PI 0.49 FAR). The amendments
were initiated by the property owner who seeks to utilize the existing office building
as a private high school, subject to a future use permit. The property is currently
developed with an office building.
The Planning Commission conducted a public hearing and adopted a resolution
recommending adoption of the proposed amendments as recommended by the
following vote.
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
Ellmore
ABSENT:
None
ABSTAIN:
None
ACTION: Recommended City Council adoption of the amendments.
16-3
August 24, 2021
Agenda Item No.16
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 19, 2021
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.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JULY 22, 2021
Recommended Action: Approve and file
ITEM NO. 2 AERIE COMMUNITY ASSOCIATION ENCROACHMENT (PA2021-166)
Site Location: 101 Carnation Avenue
Summary:
The Applicant requests approval to retain non-compliant private improvements consisting of a 42 -inch
high wrought iron guardrail on top of a 40 -inch maximum height retaining wall below the sidewalk elevation
that encroaches up to 4 feet 2 inches into the 50 -foot wide Carnation Avenue public right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations), 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 including a 42 -inch high wrought iron guardrail on top of a 40 -inch
maximum height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2 inches
into the 50 -foot wide Carnation Avenue public right-of-way ("Project'), contingent upon all
conditions of the Encroachment Permit process being met; and
3. Adopt Resolution No. PC2021-022 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2021-0322.
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.
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Planning Commission Regular Meeting Agenda
August 19, 2021
ITEM NO. 3 CIRCLE HOOK ALCOHOL LICENSE UPGRADE (PA2021-107)
Site Location: 3432 Via Oporto
Summary:
A request to amend and supersede an existing minor use permit that allows a restaurant with a Type 41
(On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license. Approval of the new
Minor Use Permit would allow the restaurant to upgrade its ABC license to a Type 47 (On -Sale General
— Eating Place). There are no late hours (after 11 p.m.) and no operational changes or physical alterations
proposed as part of this project.
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 none of the exceptions to the Class 1
exemption apply; and
3. Adopt Resolution No. PC2021-023 approving Minor Use Permit No. UP2021-020, which upon
approval and implementation would supersede Resolution No. ZA2017-090.
ITEM NO. 4 RESIDENCES AT NEWPORT CENTER (PA2020-020)
Site Location: 150 Newport Center Drive
Summary:
Development of a four-story, 28 -unit condominium project on a 1.3 -acre parcel located at the
southwesterly corner of the intersection of Newport Center Drive and Anacapa Drive. The application
includes; 1) a General Plan Amendment to change the site's land use designation from Regional
Commercial Office (CO -R) to Multiple Residential (RM) with a development limit of 28 units; 2) a Zoning
Code Amendment and Planned Community Development Plan to change the site's zoning classification
from Office Regional (OR) to Planned Community (PC) District and establish land uses and development
standards for the Project site; 3) a Site Development Review and Tentative Tract Map application for the
development of the four-story condominium building; 4) a Development Agreement that would provide
vested rights to develop the project to the applicant and provide public benefits to the community; and 5)
the rescinding of Use Permit No. UP1461 for the existing car wash currently operating at the site that will
be demolished.
Recommended Action:
1. Conduct a public hearing;
Adopt Resolution No. PC2021-024 recommending the City Council approve the project and:
Certify Environmental Impact Report No. ER2021-002 (SCH No. 2020110087); Approve
Mitigation Monitoring and Reporting Program, General Plan Amendment No. GP2020-001,
Zoning Code Amendment No. CA2020-008; Planned Community Development Plan No.
PC2020-001, Major Site Development Review No. SD2020-001, Tentative Tract Map No.
NT2020-001 (County Tentative Tract Map No. 17915), and Development Agreement No.
DA2020-001; and Rescind Use Permit No. UP1461.
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Planning Commission Regular Meeting Agenda
August 19, 2021
ITEM NO. 5 PACIFICA CHRISTIAN GENERAL PLAN AND ZONING CODE AMENDMENTS
(PA2021-068)
Site Location: 1499 Monrovia Avenue
Summary:
Amendments to the General Plan and Zoning Code to change the land use designation from Multiple Unit
Residential (RM 18 DU/AC) to Private Institution (PI 0.49 FAR); and change the zoning district designation
from Multiple Unit Residential (RM 2420/3100) to Private Institution (PI 0.49 FAR). The amendments were
initiated by the property owner who seeks to utilize the existing office building as a private high school,
subject to a future use permit.
Recommended Action:
1. Conduct a public hearing;
2. Find this project not subject to the California Environmental Quality Act (CEQA) pursuant to
Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly; and
3. Adopt Resolution No. PC2021-025 recommending the City Council approve General Plan
Amendment No. GP2021-002 and Code Amendment No. CA2021-003.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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