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HomeMy WebLinkAbout18 - Planning Commission Agenda and Action ReportTO: FROM CITY OF NEWPORT BEACH City Council Staff Report June 14, 2022 Agenda Item No. 18 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, jampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for May 26, 2022 ITEM NO. 1 MINUTES OF MAY 12, 2022 SUMMARY: Draft minutes from the May 12, 2022, 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, and Weigand NOES: None ABSENT: Rosene ABSTAIN: None ACTION: Approved with edits. PUBLIC HEARING ITEMS: ITEM NO. 2 NEWPORT BEACH TENNIS CLUB DEVELOPMENT AGREEMENT EXTENSION (PA2022-038) Site Location: 1602 East Coast Highway SUMMARY: The City and Golf Realty Fund, Managing Owner ("GRF"), entered into a Development Agreement ("Agreement') in 2012 to ensure the orderly redevelopment of the Newport Beach Tennis Club site over time with a replacement tennis facility, visitor accommodations, and 5 single-family homes ("Approved Project'). The term of the Agreement is 10 years and it will expire on September 23, 2022, if no action is taken. The Agreement provides GRF the vested right to implement the Approved Project provided it is incompliance with the approved entitlements and development standards specified in the Newport Beach Country Club Planned Community for the Tennis Club site. The Agreement also requires GRF to provide certain public benefits. GRF requests a 10-year extension. 18-1 ACTION ITEM NO. 3 Planning Commission Agenda Report for May 26, 2022 June 14, 2022 Page 2 The Planning Commission conducted a public hearing and approved the item as recommended by the following vote: AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand NOES: None ABSENT: Rosene ABSTAIN: None SENATE BILL 9 IMPLEMENTATION CODE AMENDMENT (PA2021-277) Site Location: Citywide SUMMARY: Senate Bill 9 Implementation Code Amendment - Amendments to Title 19 (Subdivisions) and Title 20 (Planning and Zoning) establishing regulations to implement Government Code Sections 65852.21 and 66411.7 that went into effect on January 1, 2022. Specifically, the amendment would allow ministerial subdivisions and the construction of up to two units for lots that are designated for single-family use. ACTION: The Planning Commission conducted a public hearing and approved the item as recommended by the following vote: AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand NOES: None ABSENT: Rosene ABSTAIN: None 18-2 Q SEW Pp�T CITY OF z NEWPORT BEACH <,FORN'P City Council Staff Report June 14, 2022 Agenda Item No. 18 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, jampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for June 9, 2022 CONSENT ITEMS ITEM NO. 1 MINUTES OF MAY 26, 2022 SUMMARY: Draft minutes from the May 26, 2022, meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested edits from a member of the public. The edited minutes were approved by the following vote: AYES: Ellmore, Kleiman, Koetting, Lowrey, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: Rosene ACTION: Approved with edits ITEM NO. 2 PHILLIPS ENCROACHMENT (PA2022-064) Site Location: 312 Fullerton Avenue SUMMARY: A request to waive City Council Policy L-6 for private as -built improvements consisting of on -grade steps and handrail that encroach up to three (3) feet into the Fullerton Avenue public right-of-way and a one (1) foot high block wall that encroaches up to eight (8) feet and six (6) inches into the 60-foot-wide public right-of-way. The Fullerton Avenue parkway within the public right-of-way extends approximately 12 feet from face of curb to the property line. Council Policy L-6 ("Policy") prohibits the proposed steps since all hardscaping within the right-of-way shall be at -grade. The Policy prohibits the wall since structures are limited to a 1-foot projection into the right-of- way. ACTION: The Planning Commission approved the application as recommended by the following vote: AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None 18-3 Planning Commission Agenda Report for June 9, 2022 June 14, 2022 Page 4 PUBLIC HEARING ITEMS: ITEM NO. 3 HERRING RESIDENCE VARIANCE (PA2022-008) Site Location: 201 Crystal Avenue SUMMARY: In order to accommodate the addition of a roof structure over an existing outdoor kitchen area on the third floor deck of a single-family residence, the Applicant requests a variance from the additional step back requirements for third floor covered decks as described in Newport Beach Municipal Code (NBMC) Section 20.48.180 (Residential Development Standards and Design Criteria). Due to the substandard lot size, the proposed roof structure provides a step back of one foot and 6 inches from the front setback line (16 feet 6 inches from the front property line), where NBMC Section 20.48.180 requires third floor covered deck area to be stepped back a minimum of fifteen (15) feet from the front setback line (25 feet from the front property line). ACTION: The Planning Commission conducted a public hearing and approved the application as recommended with a modification to the conditions by the following vote: AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None ITEM NO. 4 22NDSTREET LOFTS (PA2022-011) Site Location: 106, 108, and 110 22"d Street SUMMARY: The applicant requests to demolish three existing structures and construct a new three-story mixed -use building. The new mixed -use building will consist of one commercial condominium (2,647 sf) containing three suites on the ground floor and three residential condominium units (7,073 sf) on the second and third levels. The project includes a floor area ratio increase from 0.75 to 1.0 for the residential component of the project pursuant to Senate Bill No. 478 (SB 478), which requires local jurisdictions to allow a floor area ratio of at least 1.0 for housing development projects of 3 to seven units. The project includes the following application requests: • A site development review is requested to allow the construction of a mixed - use structure and to increase the allowed height from the base height limit of 26 feet for flat roofs and 31 feet for sloping roofs to a height limit of 35 feet within the shoreline height limitation area. • A conditional use permit is requested to waive seven of the 10 required parking spaces for the commercial use. The design complies with residential parking standards by providing two covered spaces and one guest space per unit. • A coastal development permit is requested to allow development within the coastal zone and to increase the allowed height from the base height limit of 26 feet for flat roofs and 31 feet for sloping roofs to a height limit of 35 feet within the shoreline height limitation area. • A tentative parcel map is requested to merge three underlying legal lots and to allow for each residential unit and the commercial component to be sold separately as condominiums. 18-4 Planning Commission Agenda Report for June 9, 2022 June 14, 2022 Page 5 ACTION: The Planning Commission conducted a public hearing and approved the application as recommended with a modification to the conditions by the following vote: AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None STUDY SESSION ITEM NO. 5 CODE UPDATE RELATED TO ACCESSORY DWELLING UNITS (PA2021-113) Site Location: Citywide SUMMARY: An overview of the Planning Commission Ad -Hoc Committee's efforts on developing potential code amendments related to encouraging new accessory dwelling unit (ADU) development within the City and pending legislation related to the City's ability to regulate ADUs. ACTION: The study session was postponed to a future meeting and no action was taken. 18-5 June 14, 2022 Agenda Item No. 18 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JUNE 9, 2022 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 MAY 26, 2022 Recommended Action: Approve and file ITEM NO. 2 PHILLIPS ENCROACHMENT (PA2022-064) Site Location: 312 Fullerton Avenue Summary: A request to waive City Council Policy L-6 for private as -built improvements consisting of on -grade steps and handrail that encroach up to three (3) feet into the Fullerton Avenue public right-of-way and a one (1) foot high block wall that encroaches up to eight (8) feet and six (6) inches into the 60-foot-wide public right- of-way. The Fullerton Avenue parkway within the public right-of-way extends approximately 12 feet from face of curb to the property line. Council Policy L-6 ("Policy") prohibits the proposed steps since all hardscaping within the right-of-way shall be at -grade. The Policy prohibits the wall since structures are limited to a 1-foot projection into the right-of-way. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 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, for non -compliant private improvements consisting of steps and a block wall that encroach into the Fullerton 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. PC2022-013 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0079 (Attachment No. PC 2). 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. 1 of 3 ITEM NO. 3 HERRING RESIDENCE VARIANCE (PA2022-008) Site Location: 201 Crystal Avenue Summary: In order to accommodate the addition of a roof structure over an existing outdoor kitchen area on the third floor deck of a single-family residence, the Applicant requests a variance from the additional step back requirements for third floor covered decks as described in Newport Beach Municipal Code (NBMC) Section 20.48.180 (Residential Development Standards and Design Criteria). Due to the substandard lot size, the proposed roof structure provides a step back of one foot and 6 inches from the front setback line (16 feet 6 inches from the front property line), where NBMC Section 20.48.180 requires third floor covered deck area to be stepped back a minimum of fifteen (15) feet from the front setback line (25 feet from the front property line). 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. PC2022-014 approving Variance No. VA2022-001 (Attachment No. PC 1). ITEM NO. 4 22ND STREET LOFTS (PA2022-011) Site Location: 106, 108, and 110 22"d Street Summary: The applicant requests to demolish three existing structures and construct a new three-story mixed -use building. The new mixed -use building will consist of one commercial condominium (2,647 so containing three suites on the ground floor and three residential condominium units (7,073 so on the second and third levels. The project includes a floor area ratio increase from 0.75 to 1.0 for the residential component of the project pursuant to Senate Bill No. 478 (SB 478), which requires local jurisdictions to allow a floor area ratio of at least 1.0 for housing development projects of 3 to seven units. The project includes the following application requests: • A site development review is requested to allow the construction of a mixed -use structure and to increase the allowed height from the base height limit of 26 feet for flat roofs and 31 feet for sloping roofs to a height limit of 35 feet within the shoreline height limitation area. • A conditional use permit is requested to waive seven of the 10 required parking spaces for the commercial use. The design complies with residential parking standards by providing two covered spaces and one guest space per unit. • A coastal development permit is requested to allow development within the coastal zone and to increase the allowed height from the base height limit of 26 feet for flat roofs and 31 feet for sloping roofs to a height limit of 35 feet within the shoreline height limitation area. • A tentative parcel map is requested to merge three underlying legal lots and to allow for each residential unit and the commercial component to be sold separately as condominiums. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Approve Adopt Resolution No. PC2022-015 approving Site Development Review No. SD2022- 001, Conditional Use Permit UP2022-001, Coastal Development Permit No. CD2022-005, and Tentative Parcel Map No. NP2022-001. 2 of 3 Vill. STUDY SESSION ITEM NO. 5 CODE UPDATE RELATED TO ACCESSORY DWELLING UNITS (PA2021-113) Site Location: Citywide Summary: An overview of the Planning Commission Ad -Hoc Committee's efforts on developing potential code amendments related to encouraging new accessory dwelling unit (ADU) development within the City and pending legislation related to the City's ability to regulate ADUs. Recommended Action: Receive presentation (Attachment No. PC 1) and provide staff direction regarding proposed amendments. IX. 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 X. 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