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CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 20, 2022 REGULAR MEETING - 6:30 P.M.
I. CALL TO ORDER – The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE – Vice Chair Ellmore
III. ROLL CALL PRESENT: Chair Lauren Kleiman, Vice Chair Curtis Ellmore, Secretary Mark Rosene, Commissioner Tristan Harris, Commissioner Sarah Klaustermeier, Commissioner Lee Lowrey, Commissioner Erik Weigand
ABSENT: None Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director
Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Assistant Planner Joselyn Perez, Principal Planner Ben Zdeba, Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez IV. PUBLIC COMMENTS
None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF OCTOBER 6, 2022 Recommended Action: Approve and file
Motion made by Commissioner Weigand and seconded by Secretary Rosene to approve the minutes of the October 6, 2022 meeting with Mr. Mosher’s edits.
AYES: Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: Ellmore ABSENT: None VII. PUBLIC HEARING ITEMS 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:
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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.
Assistant Planner Joselyn Perez used a presentation to review the request for a Conditional Use Permit to operate a med-spa. She provided a vicinity map, General Plan Land Use map, Corona del Mar Plaza Shopping Center site plan, a project description, floor plan, a summary of Newport Village Planned Community (PC-27) allowed uses and required entitlement, parking demands, conditions of approval, revisions to the conditions of approval,
and recommended actions.
Commissioners reported no ex parte communications. Shawna Schaffner, CEO of CAA Planning representing Alchemy 43, used a presentation to review the property location, Alchemy 43 operation details, conditional use permit, and requested action.
In response to Chair Kleiman’s question, Ms. Schaffner explained the appropriateness of a neighborhood shopping
center for personal use services, relayed that State health requirements will be followed for medical waste disposal, indicated that the landlord will handle employee parking so public parking is available, and agreed to the conditions
of approval as amended.
Chair Kleiman opened the public hearing.
There was no public comment.
Chair Kleiman closed the public hearing. Motion made by Commissioner Weigand and seconded by Commissioner Klaustermeier to adopt the resolution as amended. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None 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
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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. LC2020-001 Amendment California Coastal Commission. Chair Kleiman, Secretary Rosene, and Commissioner Weigand recused themselves due to personal property or neighbors within the 500-foot zone to the property locations. Deputy Community Development Director Campbell characterized this item as a clean-up item to reinstate
past privileges and clarify language. Assistant Planner Perez stated that the amendment includes changes to both Title 20 and 21 however it will be referred to as “the code amendment” throughout the presentation and that the code amendment was
initiated by the City Council and staff is returning with proposed code amendment language. She used a presentation to review part one of the code amendment that addresses nonconforming residential density. She
provided background of the amendment, the proposed amendment, and related benefits., Assistant Planner Perez then reviewed part two of the code amendment, to clarify side setback allowances. She provided
background for the amendment, a map of Former B Overlay properties and current zoning districts, she discussed the proposed amendment, limitations, recommended action, and next steps.
In response to Commissioner Harris’ question, Assistant Planner Perez confirmed that the amendment only
applies to the Former B Overlay properties.
Commissioners disclosed no ex parte communications.
Vice Chair Ellmore opened the public hearing.
Mr. Mosher inquired about a sunset clause for part one considering it addresses a temporary State housing mandate, identified a discrepancy in the agenda and first paragraph summary in the staff report as it relates to
the R-1-7200 zoning district, and questioned how the City will verify the legality of setbacks in the county at specific times.
Vice Chair Ellmore closed the public hearing.
Assistant Planner Perez noted that it is unknown if Senate Bill 330 pertaining to the State Housing Crisis Act
will be extended, so staff believed it made sense to clean-up and clarify the code now. She further commented that staff research did not identify any properties effected by this update but can revisit the 7200 district. Motion made by Commissioner Klaustermeier and seconded by Commissioner Lowrey to approve this item as recommended.
AYES: Ellmore, Harris, Klaustermeier, and Lowrey NOES: None ABSTAIN: Kleiman, Rosene, and Weigand ABSENT: None VIII. STUDY SESSION ITEM NO. 4 STUDY SESSION FOR NONRESIDENTIAL PARKING CODE UPDATE (PA2021-104) Site Location: Citywide
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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.
Principal Planner Zdeba used a presentation to review the parking code updates, by providing background and sharing Nelson/Nygaard’s recommendations for bicycle-based reductions, shared-mobility-based reductions, a revised office parking ratio, a revised restaurant parking ratio, a modified take-out service/”fast casual,” an administrative parking waiver by the Director, and a limitation on combining reductions and waivers. He ended with
considerations, next steps, and a recap chart for discussion.
In response to Commissioner Klaustermeier’s question, Principal Planner Zdeba provided an example of past waivers considered by the City, confirmed that the waiver decisions are appealable to the Planning Commission, and clarified the waiver limitations.
In response to Commissioner Weigand’s concern for employee parking spillover into residential areas, Principal Planner Zdeba indicated the intent of phase one changes is to incentivize alternative modes of transit, phase two
would address area specific concerns through consideration of parking management districts, and studies for better uses for the current parking supply and noted that the restaurant change includes the back of house and
considers the entire restaurant size. Furthermore, he noted no changes to the outpatient surgery parking or the Takeout Service Limited Land Use definition prohibiting alcohol sales by definition.
Commissioner Harris supported all the ideas and, in response to his questions, Principal Planner Zdeba relayed
that existing uses can apply for changes and are subject to current code provisions. Commissioner Harris suggested scaling back the modification for take-out service/”fast casual.”
In response to Vice Chair Ellmore’s inquiry, Principal Planner Zdeba indicated that the recommendations from the
Institute of Transportation Engineers (ITE) Guidebook are nation-wide best practices for setting trip rates and parking. City Traffic Engineer Brine stated the guidebook is a national manual that looks at parking averages and
rates and is used by the City as a secondary document. Additionally, Vice Chair Ellmore thought that reducing parking for the medical office would cause more congestion, as opposed to office and asked staff to take a deeper
look at how the recommendation of the ITE Guidebook fits in Newport Beach versus the national average which Principal Planner Zdeba noted.
Secretary Rosene commented that the first, third, fourth, fifth, and sixth recommendations made sense in whole
and that while recommendation two/part A made sense, part B made sense for food only and not for office.
In response to Chair Kleiman’s inquiry, Principal Planner Zdeba relayed that the Circulation Element will support the parking code update and policies will support looking at and revisiting parking requirements, emerging trends,
and technology. With Chair Kleiman also concerned about employee parking affecting neighboring residents, Principal Planner Zdeba indicated that current efforts apply Citywide, the proposed parking ratio includes the entire space and back of house and the same is true for take-out service limited changes, and noted the building code occupant load of 1 per 15 translates to a 300-square-foot dining space which many of the current take out service
establishments have at least this or more than six seats. He noted that parking studies are included in the scope of work for the consultant and will be used to regulate employee parking which he supported with Balboa Village
as an example. In response to Community Development Jurjis’ inquiry, Chair Kleiman and Vice Chair Ellmore relayed that the Planning Commission supports a change to the office parking ratio, but not the same standard for office use and transient operations, like medical offices. Secretary Rosene noted more studies could be useful even though recent parking standard reviews were done by a traffic engineer.
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Commissioner Weigand requested staff be watchful of part B in the first recommendation.
Commissioner Harris concurred with Secretary Rosene that recommendation two, part B is more applicable to retail and suggested constraining it to retail. Mr. Mosher inquired about how small fractional numbers will be fairly treated for earned credits from recommendations one and two and how eating establishments in Newport Beach will be affected by recommendation four.
Principal Planner Zdeba relayed that rounding up is used for parking in the code and staff would need to study it more before putting it in to an ordinance and Deputy Community Development Director Campbell noted that the updated parking requirements will help facilitate permanent COVID patios, a small, anticipated parking reduction
for some larger restaurants, and the impossibility of assessing potential impact on every restaurant in town. 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. 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.
Assistant City Attorney Summerhill informed Chair Kleiman that it is her discretion to appoint the members of the ad hoc committee. Motion made by Chair Kleiman and seconded by Vice Chair Ellmore to appoint Commissioners Harris, Rosene, and Klaustermeier to the ad hoc committee. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None 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
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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. Motion made by Chair Kleiman and seconded by Vice Chair Ellmore to appoint Commissioners Rosene, Weigand, and Lowrey to the ad hoc committee. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None Mr. Mosher reminded Chair Kleiman of the Brown Act requirement to allow public comment on hearing and agenda items and reiterated that forming an ad hoc committee is not the direction of the City Council who directed the Planning Commission to study and correct the definition of time share project so it would include a fractional ownership sold to a group of strangers and exclude a home shared by family and friends. He thought forming an ad hoc committee and a 500-foot separation requirement were bad ideas and the Planning Commission should follow the direction provided by the City Council. Assistant City Attorney Summerhill declined commenting on Mr. Mosher’s comments to avoid going in depth because the item was to form an ad hoc committee and noted that issues will be revisited as they come forward. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 MOTION FOR RECONSIDERATION None 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 Deputy Community Development Director Campbell announced the next Planning Commission meeting on November 3, 2022, to review two agenda items and the next City Council meeting to go forward with the Circulation Element Update and conduct public hearings on the Lido House Hotel expansion and reconsideration for The Tennis Club at Newport Beach project. He further informed the Planning Commission of the ongoing General Plan Update process and steering committee who will recommend people for a General Plan Advisory Committee (GPAC) and send it to the City Council in November 2022 for appointment. Lastly, he noted that the GPAC will begin working in January 2023 and will focus on the Land Use Element and zoning amendments to implement the Housing Element, provide advice to staff, and be a body for public outreach and discussion for the comprehensive update of all elements. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – The meeting was adjourned at 7:52 p.m.
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The agenda for the October 20, 2022, Planning Commission meeting was posted on Friday, October 14, 2022, at 4:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Friday, October 14, 2022, at 3:45 p.m. _______________________________ Lauren Kleiman, Chair _______________________________ Mark Rosene, Secretary
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