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City Council Staff Report
October 25, 2022
Agenda Item No. 11
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 October 20, 2022
ITEM NO. 1 MINUTES OF OCTOBER 6, 2022
SUMMARY: Draft minutes from the October 6, 2022, meeting of the Planning Commission.
The Planning Commission approved the draft minutes including suggested edits
from a member of the public by the following vote.
AYES:
Harris, Klaustermeier, Kleiman, Lowrey, Rosene and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Ellmore
ACTION: Approved as amended
PUBLIC HEARING ITEMS:
ITEM NO.2 ALCHEMY 43 MED-SPA (PA2022-0156)
Site Location: 906 Avocado Avenue
SUMMARY: Conditional Use Permit (CUP) to operate an approximately 1,150-square-foot
medical office (i.e., med-spa) within an existing shopping center known as the
Corona del Mar Plaza. The med-spa will provide aesthetic treatments for up to 12
patients per day with the potential for walk-in patients, dependent on the availability
of staff. The med-spa will operate Monday through Saturday, from 10 a.m. to 7
p.m. with up to five employees.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote.
AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved as recommended
Planning Commission Agenda Report for October 20, 2022
October 25, 2022
Page 2
ITEM NO. 3 NONCONFORMING CODE AND LCP AMENDMENTS (PA2022-076)
Site Location: Citywide
Summary: Amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning and
Zoning) and Title 21 (Local Coastal Program Implementation Plan). The amendments
include: 1) clarifying development allowances for residential uses that are
nonconforming due to density; and 2) reinstating a side setback allowance for
properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and the RM-6,000
zoning and coastal zoning districts. The side setback allowance would allow additions
in line with the existing side setback of the principal structure regardless of the current
minimum side setbacks standards.
The Planning Commission conducted a public hearing and recommended adoption
of the proposed amendments as recommended by the following vote.
AYES:
Ellmore, Harris, Klaustermeier, and Lowrey
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
Kleiman, Rosene, and Weigand
ACTION: Recommended adoption of the proposed amendments
STUDY SESSION:
ITEM NO. 4 STUDY SESSION FOR NONRESIDENTIAL PARKING CODE UPDATE
(PA2021-104)
Site Location: Citywide
Summary: Discussion of parking requirements with the goal to refresh nonresidential parking
standards to bring them in line with current best practices. This report includes an
overview of the effort to develop several potential code amendments.
The Planning Commission conducted a general study session and received a
summary presentation by staff. Public comments were considered, and
Commissioners provided comments on several draft recommendations for improving
parking regulations.
ACTION: No action was taken
NEW BUSINESS:
ITEM NO. 5 MUNICIPAL CODE AND CITY COUNCIL POLICY REVIEW (PA2022-0219)
Site Location: Not Applicable
SUMMARY: Establish an ad hoc committee of Planning Commissioners to assist the City Council
in reviewing the Municipal Code and City Council Policies.
The Planning Commission created an ad -hoc committee consisting of
Commissioners Harris, Rosene, and Klaustermeier by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene and
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Ad -hoc committee formed, and members identified.
11-2
Planning Commission Agenda Report for October 20, 2022
October 25, 2022
Page 3
ITEM NO. 5 CODE UPDATE RELATED TO FRACTIONAL HOMEOWNERSHIP (PA2022-
0202)
Site Location: Not Applicable
SUMMARY: Establish an ad hoc committee of Planning Commissioners to assist City staff and the
City Council in reviewing the issue of fractional homeownership.
The Planning Commission created an ad -hoc committee consisting of
Commissioners Lowery, Weigand, and Rosene by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene and
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Ad -hoc committee formed, and members identified.
11-3
October 25, 2022
Agenda Item No. 11
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 20, 2022
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.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF OCTOBER 6, 2022
Recommended Action: Approve and file
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. 2 ALCHEMY 43 MED-SPA (PA2022-0156)
Site Location: 906 Avocado Avenue
Summary:
A request for a Conditional Use Permit (CUP) to operate an approximately 1,150-square-foot
medical office (i.e., med-spa) within an existing shopping center known as the Corona del Mar
Plaza. The med-spa will provide aesthetic treatments for up to 12 patients per day with the
potential for walk-in patients, dependent on the availability of staff. The med-spa will operate
Monday through Saturday, from 10 a.m. to 7 p.m. with up to five employees.
Recommended Action:
1. Conduct a public hearing; and
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 PC2022-024 approving the Conditional Use Permit submitted as
PA2022-0156.
1 of 3
Planning Commission Regular Meeting Agenda
October 25, 2022
ITEM NO. 3 NONCONFORMING CODE AND LCP AMENDMENTS (PA2022-076)
Site Location: Citywide
Summary:
The City is proposing amendments to the Newport Beach Municipal Code (NBMC) Title 20
(Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan). The
amendments include: 1) clarifying development allowances for residential uses that are
nonconforming due to density; and 2) reinstating a side setback allowance for properties in
the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and the RM-6,000 zoning and coastal
zoning districts. The side setback allowance would allow additions in line with the existing side
setback of the principal structure regardless of the current minimum side setbacks standards.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment and
pursuant to Section 15265(a)(1), which exempts local governments from the
requirements of CEQA in connection with the adoption of a Local Coastal Program;
3. Adopt Resolution No. PC2022-026 recommending the City Council approve
Zoning Code Amendment No. CA2022-004; and
4. Adopt Resolution No. PC2022-027 recommending the City Council approve Local
Coastal Program Amendment No. LC2022-002 and authorize staff to submit Local
Coastal Program Amendment No. LC2020-OAmendment California Coastal
Commission.
Vill. STUDY SESSION
ITEM NO. 4 STUDY SESSION FOR NONRESIDENTIAL PARKING CODE UPDATE
(PA2021-104)
Site Location: Citywide
Summary:
Discussion of parking requirements with the goal to refresh nonresidential parking standards
to bring them in line with current best practices. This report includes an overview of the effort
to develop several potential code amendments.
Recommended Action:
Discuss and provide input and direction to staff.
IX. NEW BUSINESS
ITEM NO. 5 MUNICIPAL CODE AND CITY COUNCIL POLICY REVIEW (PA2022-0219)
Site Location: Not Applicable
Summary:
Establish an ad hoc committee of Planning Commissioners to assist the City Council in
reviewing the Municipal Code and City Council Policies.
2 of 3
Planning Commission Regular Meeting Agenda
October 25, 2022
Recommended Action:
1. Find the recommended action not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3; and
2. Form an ad hoc committee and authorize the Chair to appoint up to three Planning
Commissioners to assist City staff in reviewing the Municipal Code and City
Council Policies related to planning and zoning activities.
ITEM NO. 6 CODE UPDATE RELATED TO FRACTIONAL HOMEOWNERSHIP (PA2022-
0202)
Site Location: Not Applicable
Summary:
Establish an ad hoc committee of Planning Commissioners to assist City staff and the City
Council in reviewing the issue of fractional homeownership.
Recommended Action:
1. Find the recommended action not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; and
2. Form an ad hoc committee consisting of Commissioners Lowrey, Harris, and
Rosene to assist City Staff and the City Council in reviewing and potentially
regulating fractional homeownership.
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE
PLACED ON A FUTURE AGENDA
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
XI. ADJOURNMENT
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