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Home My WebLink About0.0_Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JUNE 9, 2022 REGULAR MEETING - 6:30 P.M. LEE LOWREY Chair LAUREN KLEIMAN Vice Chair CURTIS ELLMORE Secretary SARAH KLAUSTERMEIER PETER KOETTING MARK ROSENE ERIK WEIGAND 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: SEIMONE JURJIS, Community Development Director JIM CAMPBELL, Deputy Community Development Director YOLANDA SUMMERHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer CLARIVEL RODRIGUEZ, Administrative Assistant 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 and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. 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: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send them by electronic mail directly to Commissioners at planningcommissioners@newportbeachca.gov. Each Commissioner and staff will receive your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission. 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. 1 of 3 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. Planning Commission Regular Meeting Agenda June 9, 2022 2 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 22nd 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. 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 Planning Commission Regular Meeting Agenda June 9, 2022 3 of 3 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. VIII. 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. ADJOURNMENT