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Home My WebLink About10 - Planning Commission Agenda and Action ReportSEW P0_ u ram-_ r c q<� Fo FzN�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report March 14, 2023 Agenda Item No. 10 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 March 9, 2023 ITEM NO. 1 MINUTES OF FEBRUARY 23, 2023 SUMMARY: Draft minutes from the February 23, 2023, meeting of the Planning Commission. The Planning Commission considered the draft minutes and approved the draft minutes with minor edits by the following vote: AYES: Ellmore, Klaustermeier, Lowrey, and Rosene NOES: None ABSENT: Harris ABSTAIN: Barto and Langford ACTION: Approved as amended ITEM NO. 2 MASON ENCROACHMENT (PA2022-0265) Site Location: 410 Tustin Avenue SUMMARY: A request to waive City Council Policy L-6 - Encroachments in Public Rights -of -Way ("Policy") for private as -built improvements consisting of the retention of stairs that encroach up to five (5) feet and nine (9) inches into the 60-foot-wide Tustin Avenue public right-of-way and a two (2)-foot and seven (7)-inch high block wall that encroaches up to eight (8) feet into the Tustin Avenue right-of-way. The Tustin Avenue parkway within the public right-of-way is approximately 12 feet from face of curb to the property line. The Policy prohibits the existing stairs and wall as structures are limited to a one (1)-foot projection into the right-of-way with heights not to exceed three (3) feet as measured from the top of curb elevation. The Planning Commission considered the request and approved it by the following vote: AYES: Barto, Ellmore, Klaustermeier, Langfrod, Lowrey, and Rosene NOES: None ABSENT: Harris ABSTAIN: None ACTION: Approved as recommended 10-1 Planning Commission Agenda Report for March 9, 2023 March 14, 2023 Page 2 PUBLIC HEARING ITEMS: ITEM NO. 3 MOTHER'S MARKET (PA2022-101) Site Location: 2510 and 2530 West Coast Highway SUMMARY: A coastal development permit and traffic study for the modification of the 5,096- square-foot commercial component of a previously approved mixed -use development from an office use to a grocery store. The Planning Commission conducted a public hearing and approved the project as recommended by the following vote. AYES: Barto, Ellmore, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSENT: Harris ABSTAIN: None ACTION: Approved as recommended NEW BUSINESS ITEM NO. 4 GENERAL PLAN PROGRESS REPORT Site Location: Citywide SUMMARY: A General Plan Annual Progress Report to summarize the City of Newport Beach's progress with implementing the goals, policies, and programs of the General Plan. The report covers the period from January through December of each calendar year. The current report expansively covers the City's activities in 2022. The Planning Commission considered the report, a presentation by staff, and public input. The Commission acted to recommend the City Council review and authorize the submittal of the 2022 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development by the following vote: AYES: Ellmore, Harris, Klaustermeier, and Lowrey NOES: Rosene ABSENT: Harris ABSTAIN: None 10-2 March 14, 2023 Agenda Item No. 10 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MARCH 9, 2023 REGULAR MEETING — 6:30 P.M. 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 FEBRUARY 23, 2023 Recommended Action: Approve and file ITEM NO. 2 MASON ENCROACHMENT (PA2022-0265) Site Location: 410 Tustin Avenue Summary: A request to waive City Council Policy L-6 - Encroachments in Public Rights -of -Way ("Policy") for private as -built improvements consisting of the retention of stairs that encroach up to five (5) feet and nine (9) inches into the 60-foot-wide Tustin Avenue public right-of-way and a two (2)-foot and seven (7)-inch high block wall that encroaches up to eight (8) feet into the Tustin Avenue right-of-way. The Tustin Avenue parkway within the public right-of-way is approximately 12 feet from face of curb to the property line. The Policy prohibits the existing stairs and wall as structures are limited to a one (1)-foot projection into the right-of-way with heights not to exceed three (3) feet as measured from the top of curb elevation. 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, Encroachment in Public Rights -of -Way, for non -compliant private improvements consisting of stairs and a block wall that encroach into the Tustin Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution PC2023-012 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0520. 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 2 Planning Commission Regular Meeting Agenda March 9, 2023 ITEM NO. 3 MOTHER'S MARKET (PA2022-101) Site Location: 2510 and 2530 West Coast Highway Summary: A coastal development permit and traffic study for the modification of the 5,096-square-foot commercial component of a previously approved mixed -use development from an office use to a grocery store. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution PC2023-013 approving a Traffic Study and Coastal Development Permit. Vill. NEW BUSINESS ITEM NO. 4 2022 Annual Plan Progress Report and Housing Element Report (PA2007-195) Site Location: Citywide Summary: A General Plan Annual Progress Report to summarize the City of Newport Beach's progress with implementing the goals, policies, and programs of the General Plan. The report covers the period from January through December of each calendar year. The current report expansively covers the City's activities in 2022. Recommended Action: 1. Find the preparation, review, and submission of the 2022 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA), as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2022 General Plan Progress Report, including the Housing Element Annual Progress Report; and 3. Adopt Recommend the City Council review and authorize the submittal of the 2022 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT 2 of 2