HomeMy WebLinkAbout12 - Planning Commission Agenda and Action Report for October 19, 2023TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
October 24, 2023
Agenda Item No. 12
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Assistant City Manager/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 19, 2023
CONSENT ITEMS:
ITEM NO. 1
SUMMARY:
ACTION
MINUTES OF SEPTEMBER 21, 2023
Draft minutes from the September 21, 2023, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits to the
minutes. The edited minutes were approved by the following vote.
AYES: Barto, Harris, Langford, Lowrey, and Salene
NOES: None
ABSENT: Ellmore and Rosene
ABSTAIN: None
Approved as amended.
PUBLIC HEARING ITEMS:
ITEM NO. 2 THE CHAMPIONS CLUB STAFF APPROVAL APPEAL (PA2023-0138)
Site Locations: 1107 and 1171 Jamboree Road
SUMMARY: An appeal of the Community Development Director's August 3, 2023, Staff Approval,
finding substantial conformance to the previously approved Use Permit No. UP1697
and authorizing a new operator, Champion Management Group, Inc., to operate
six existing tennis courts located on Parcel 2 of Resubdivision No. 413 under the
name "The Champions Club." These six courts were previously part of the Palisades
Tennis Club. There are no physical improvements proposed for the continued tennis
operations, and pickleball activities of any kind are prohibited within the operation.
The Palisades Tennis Club will continue to operate ten existing courts and clubhouse
located on Parcel 1 of Resubdivision No. 413.
The Planning Commission conducted a public hearing and continued the item to
December 7, 2023, by the following vote.
AYES: Barto, Harris, Langford, and Lowrey, and Salene
NOES: None
ABSENT: Ellmore and Rosene
ABSTAIN: None
ACTION: Continued to December 7, 2023
12-1
Planning Commission Agenda Report for October 19, 2023
October 24, 2023
Page 2
ITEM NO. 3 MUNICIPAL CODE AMENDMENTS RELATED TO SHORT TERM LODGING
(PA2023-0116)
Site Locations: Citywide
SUMMARY: Amendments to Chapter 5.95 (Short Term Lodging Permit), Title 20 (Planning and
Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code that include the following:
• Establishing regulations permitting short term lodging within the MU-W2 (Mixed -
Use Water) and MU-CV/15th Street (Mixed -Use Cannery Village and 15th Street)
zoning districts;
• Changing the maximum cap of short term lodging permits from 1,550 permits
Citywide to: 1) 1,475 permits in residential districts; and 2) 75 permits within the
MU-W2 and MU-CV/15th Street zoning districts;
• Correcting an inconsistency in the definition and use of short term lodging and
bed and breakfast inn to mean a rental of 30 days or less; and
• Revisions related to violations, suspensions, revocations, and permit closures.
The Planning Commission conducted a public hearing and approved a resolution
recommending City Council adoption of the amendment with a change to the draft
regulations to eliminate the provision requiring a minimum number of units under
common ownership.
AYES:
Harris, Lowrey, and Salene
NOES:
Barto
ABSENT:
Ellmore and Rosene
ABSTAIN:
None
RECUSAL:
Langford
ACTION: Recommend approval of modified amendment
ITEM NO.4 MUNICPAL CODE AMENDMENTS (PA2022-0219)
Site Locations: Citywide
SUMMARY: Municipal Code amendments to Title 19 (Subdivisions), Title 20 (Planning and
Zoning), and Title 21 (Local Coastal Program Implementation Plan) to reduce
regulations, streamline processes, and generally eliminate outdated information. The
proposed amendments include:
• Eliminate the public hearing requirement for parcel maps for condominium
purposes;
• Eliminate conflicting code provisions by deleting the bluff overlay zones in Title 20
that are included in Title 21;
• Change the threshold for when a fast -casual, take-out restaurant with no late hours
requires a minor use permit;
• Eliminate Chapters 20.34 and 21.34 as they are inapplicable to the City; and
• Update general terms and references consistent with the comprehensive update
of the entire Municipal Code.
The Planning Commission conducted a public hearing and adopted a resolution
recommending City Council approval of the amendments as recommended.
AYES: Barto, Harris, Langford, Lowrey, and Salene
NOES: None
ABSENT: Ellmore and Rosene
ABSTAIN: None
ACTION: Recommend City Council adoption of the proposed amendment
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October 17, 2023
2023 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT TENTATIVE MEETING SCHEDULE
October 19 Planning Commission
1. Appeal of Staff Approval for The Champions Club at 1107 Jamboree Rd. (PA2023-
District 4
0138) — David
2. Code Amendments related to visitor -serving accommodations within the MU-W2 and
Citywide
MU-CV/15th Street Zones (PA2023-0116) — Jaime
3. Municipal Code Cleanup — OCA
Citywide
October 24 City Council
1. Second Reading, Newport Village, CDM Plaza Code Amendment for Definitions & Uses
District 5
in Area 5 — Joselyn
2. SBTS Annual Review PA2010-150 — Melinda
Citywide
October 25 Newport Village EIR Scopinq Meeting (Liz)
October 26 Zoning Administrator
1. North Newport Center Annual DA Review — Joselyn
District 5
2. Nibeel Residence CDP at 206 Grand Canal (PA2023-0111) - Jenny
District 5
3. GuacAmigos Live Entertainment MUP at 2607 W. Coast Hwy (PA2023-0119) - Kelly
District 2
(Consultant)
4. Irwin Residence CDP at 7 Beacon Bay (PA2023-0123) Melinda
District 5
November 9 Planning Commission
1. Appeal of the approval of a CDP for the Dawson residence located at 2741 Ocean Blvd.
District 6
PA2022-0315 — David
November 14 City Council
1. Public hearing, Tennis and Pickleball Club at Newport Beach at 1602 E. Coast Hwy.
District 5
(PA2021-260) — David
2. Consent, lease agreement for lawn bowling at 1550 Crown Dr. N — Lauren/RSS
District 6
3. Public hearing, Housing Element Implementation, noise -related amendments and ALUC
District 3
override (PA2022-201) — Rosalinh
4. Declaration of Surplus Land at Balboa Yacht Basin — Lauren
District 5
5. Municipal Code Cleanup — OCA
Citywide
November 16 Zoning Administrator
1. Mariman Residence CDP at 54 Linda Isle (PA2023-0118) - Jenny
District 5
2. Luis Residence CDP at 212 Tremont (PA2023-0151) - Jerry
District 4
November 28 City Council
1. Consent, Noise related amendments (2nd Reading) (PA2022-201) — Rosalinh
District 3
2. Code Amendments related to visitor -serving accommodations within the MU-W2 and
Citywide
MU-CV/15th Street Zones (PA2023-0116) — Jaime
November 30 Zoning Administrator (Cancelled)
December 7 Planninq Commission
1. Residences at 1400 Bristol St. (PA2022-0296) — Liz
District 3
2. Residences at 1401 Quail St. (PA2023-0040) — David
District 3
3. Sage Hill Middle School at 20402 Newport Coast (PA2022-0277) - Jenny
District 7
4. Appeal of a CDP for the Pine Knot Motel renovation at 6302 Coast Hwy. (PA2023-0027)
District 1
— Joselyn
December 12 City Council
December 14 Zoning Administrator
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description
of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule
changes without notice.
October 17, 2023
December 21 Planninq Commission
1. Lido Marina Village Parking CUP (PA2021-089) — Liz
2. 20 Corporate Plaza General Plan Amendment PA2022-0158 — Josel n
District 1
District 5
January 4 Planning Commission
1. (tentative) Appeal of Campbell Animal Keeping at 1691 Orchard Drive (PA2022-098) —
Jenny
District 3
January 9 City Council
January 11 Zoning Administrator
January 18 Planning Commission
January 23 City Council
January 25 Zoning Administrator
Director or ZA Level Actions None this week
CDP Waivers None this week
TBD Items
1. Wireless Facilities in public right-of-way, ordinance update — Ben/OCA
Citywide
Pending Coastal Commission
1. Small Cell Telecom Appeal at 381" Street and Lake Ave appeal (PA2019-113) — Ben
2. Coastal Act §30613 CDP jurisdiction change (PA2022-111) - Jim/Jaime/Dudek
3. 2022 LCPA #3 — Density Bonus ordinance update, Lido House Hotel expansion,
Nonconforming uses and structures amendment — Jaime/Ben
4. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use
change — Jaime/Chelsea/David
5. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay — Ben/Liz
District 1
Coastal
District 4
Coastal
Coastal
Coastal
Planner Contact Information
Seimone Jur'is, Community Development Director
949-644-3282
s'ur'is new ortbeachca. ov
Jim Campbell, Deputy CD Director Planning
949-644-3210
'cam bell new ortbeachca. ov
Jaime Murillo, Planning Manager
949-644-3209
'murillo new ortbeachca. ov
Jerry Arre ui, Planning Technician
949-644-3249
'arre ui new ortbeachca. ov
Chelsea Crager, Senior Planner
949-644-3227
c1 er(a�newportbeachca.gov
Danny Kopshever, Assistant Planner
949-644-3235
dkopshever(c-)newportbeachca.gov
David Lee, Senior Planner
949-644-3225
dlee(c�newportbeachca.gov
Oscar Orozco, Assistant Planner
949-644-3216
oorozco(a-�newportbeachca.gov
Joselyn Perez, Associate Planner
949-644-3312
iperez(@newportbeachca.gov
Jenny Tran, Assistant Planner
949-644-3212
itran(a�newportbeachca.gov
Rosalinh Ung, Principal Planner (PT)
949-644-3208
rung(a�newportbeachca.gov
Liz Westmoreland, Senior Planner
949-644-3234
Westmoreland(o�newportbeachca.gov
Melinda Whelan, Assistant Planner
949-644-3221
mwhelan(a�newportbeachca.gov
Ben Zdeba, Principal Planner
949-644-3253
bzdeba(@newportbeachca.gov
Lauren Wood ing-Whitlinger, Real Property Administrator
949-644-3236
Iwooding(@newportbeachca.gov
Dan Campagnolo, Systems Administration Manager
949-644-3231
dcampagnolo(a�newportbeachca.gov
Tonee Thai, Deputy CD Director & Building Official
949-718-1867
tthai(a�newportbeachca.gov
Brad Sommers, City Traffic Engineer
949-644-3326
bsommers(a�newportbeachca.gov
October 24, 2023
Agenda Item No. 12
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 19, 2023
REGULAR MEETING — 6:00 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 SEPTEMBER 21, 2023
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 THE CHAMPIONS CLUB STAFF APPROVAL APPEAL (PA2023-0138)
Site Location: 1107 AND 1171 Jamboree Road
Summary:
An appeal of the Community Development Director's August 3, 2023, Staff Approval, finding substantial
conformance to the previously approved Use Permit No. UP1697 and authorizing a new operator,
Champion Management Group, Inc., to operate six existing tennis courts located on Parcel 2 of
Resubdivision No. 413 under the name "The Champions Club." These six courts were previously part
of the Palisades Tennis Club. There are no physical improvements proposed for the continued tennis
operations, and pickleball activities of any kind are prohibited within the operation. The Palisades Tennis
Club will continue to operate ten existing courts and clubhouse located on Parcel 1 of Resubdivision
No. 413.
This item was continued from the September 21, 2023, Planning Commission meeting, at the request
of the appellant due to scheduling conflicts.
Recommended Actions:
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
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3. Adopt Resolution No. PC2023-034 upholding the Community Development Director's
approval authorizing a new operator for six existing tennis courts and finding substantial
conformance with Use Permit No. UP1697 (PA2023-0138).
ITEM NO. 3 MUNICIPAL CODE AMENDMENTS RELATED TO SHORT TERM LODGING (PA2023-
0116)
Site Location: Citywide
Summary:
Amendments to Chapter 5.95 (Short Term Lodging Permit), Title 20 (Planning and Zoning) and Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code that include the
following:
• Establishing regulations permitting short term lodging within the MU-W2 (Mixed -Use Water) and
MU-CV/151h Street (Mixed -Use Cannery Village and 15th Street) zoning districts;
• Changing the maximum cap of short term lodging permits from 1,550 permits Citywide to:
1) 1,475 permits in residential districts; and 2) 75 permits within the MU-W2 and MU-CV/15th Street
zoning districts;
• Correcting an inconsistency in the definition and use of short term lodging and bed and breakfast
inn to mean a rental of 30 days or less; and
• Revisions related to violations, suspensions, revocations, and permit closures.
Recommended Actions:
1. Conduct a public hearing;
2. Find the recommended actions and the attached resolution exempt from the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly;
3. Adopt Resolution No. PC2023-037 recommending the City Council adoption of a Code
Amendment to Chapter 5.95 (Short Term Lodging Permit) and Title 20 (Planning and Zoning)
of the Newport Beach Municipal Code related to short term lodging (PA2023-0116)
(Attachment No. PC 1); and
4. Adopt Resolution No. PC2023-038 recommending the City Council authorize submittal of
Local Coastal Plan Amendment to the California Coastal Commission requesting to amend
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
related to short term lodging (PA2023-0116) (Attachment No. PC 2).
ITEM NO. 4 MUNICIPAL CODE AMENDMENTS (PA2022-0219)
Site Location: Citywide
Summary:
The City Council established the Ad Hoc Municipal Code and Council Policy Review Committee to
comprehensively review and amend the Newport Beach Municipal Code (NBMC) to reduce regulations,
streamline processes, and generally eliminate outdated information and directed boards and
commissions, including the Planning Commission, to establish an ad hoc committee to review the NBMC
and City Council Policies within that particular body's area of expertise with recommended revisions. At
its August 3, 2023 meeting, the Planning Commission made recommended revisions to Title 19
(Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan)
of the NBMC in accordance with the Council's direction. The recommendations include:
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• Tentative Parcel Map Review — Eliminate the public hearing requirement for parcel maps for
condominium purposes.
• Bluff Overlay District — Eliminate conflicting code provisions by deleting the bluff overlay areas in
Title 20 that are included in Title 21.
• Take -Out Service —Fast -Casual — Change threshold for when a fast -casual take-out restaurant with
no late hours requires a minor use permit (discretionary review).
• Conversion or Demolition of Affordable Housing — Eliminate Chapters 20.34 and 21.34 as they are
inapplicable to the City.
Recommended Actions:
1. Conduct a public hearing;
2. Find the recommended action not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 1506(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
3. Adopt Planning Commission Resolution No. PC2023-039, recommending City Council
adoption of a Code Amendment to Title 19 (Subdivisions), Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code incorporating the Ad Hoc Committee's recommendations and other related revisions
(PA2022-0219) (Attachment No. PC 1).
VIII. 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
IX. ADJOURNMENT
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