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Home My WebLink About10 - Planning Commission Agenda and Action Report for January 4, 2024Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report January 9, 2024 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Principal Planner - 949-644-3253, bzdeba@newportbeachca.gov TITLE: Planning Commission Agenda Report for January 4, 2024 PUBLIC HEARING ITEM: ITEM NO. 1 CAMPBELL ANIMAL KEEPING APPEAL (PA2022-098) Site Locations: 1691 Orchard Drive SUMMARY: An appeal of the Hearing Officer's July 13, 2023, decision to approve a reasonable accommodation to provide relief from Newport Beach Municipal Code (NBMC) Section 7.12.010 (Keeping of Livestock) to allow three chickens on a single -unit residential property within a single -unit residential neighborhood for an individual with a disability. The appellant is requesting to allow 10 chickens on a single -unit residential property where the keeping of chickens is prohibited. The Planning Commission conducted a public hearing and denied the appeal and reversed the decision of the Hearing Officer to allow three chickens on the property thereby prohibiting the keeping of chickens. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Salene, and Rosene NOES: None ABSENT: None ABSTAIN: None ACTION: Appeal denied; Reasonable Accommodation modified 10-1 January 2, 2024 2024 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT (CDD) TENTATIVE PROJECT MEETING SCHEDULE' January 4 Planning Commission 1. Appeal of Campbell Animal Keeping at 1691 Orchard Dr PA2022-098 — Jenny District 3 January 10 General Plan Advisory Committee (GPAC) Meeting 1. Review procedures for subcommittees, provide feedback, and set expectations for 2024 Citywide January 11 Zoning Administrator (CANCELED) - January 17 General Plan Update Steering Committee GPUSC Meeting - January 18 Planning Commission 1. OC Sanitation District Pump Station at 250 E Coast Hwy PA2023-0076 — David District 4 January 18 Airport Land Use Commission 1. Residences at 1400 Bristol (PA2022-0296) — Liz District 3 2. Residences at 1401 Quail PA2023-0040 — David District 3 January 23 City Council 1. Public Hearing, 20 Corporate Plaza General Plan Amendment PA2022-0158 — Josel n District 5 January 25 Zoning Administrator 1. Moinfar Residence CDP at 2401 Bayshore (PA2023-0157) — Danny District 2 2. Balboa Yacht Club Limited Term Permit (>90 days) / CDP at 1801 Bayside Dr (PA2023- District 6 0167) — Laurel (Consultant) 3. Sedrak Residence CDP at 421 Edgewater Place (PA2023-0132) — Melinda District 1 4. Irwin Residence Modified Project CDP and Coastal Variance at 7 Beacon Bay (PA2023- District 5 0123) — Melinda February 7 General Plan Advisory Committee GPAC Meeting - February 8 Planning Commission - February 13 City Council 1. Study Session, Housing Element Implementation Program Amendments (PA2022-0245) Citywide — Ben/Jaime 2. Public Hearing, Potential ALUC override for Residences at 1400 Bristol (PA2022-0296) District 3 — Liz 3. Public Hearing, Potential ALUC override for Residences at 1401 Quail (PA2023-0040) — District 3 David 4. Sierra by the Sea Zoning Agreement Cancellation — Melinda Citywide 5. 2nd Reading, 20 Corporate Plaza General Plan Amendment (PA2022-0158) -- Joselyn District 5 February 15 Zoning Administrator 1. Cappy's Cafe CDP/MUP at 5930 W Coast Hwy (PA2023-0191) — Jenny District 1 2. Tanar's Tobacco MUP at 2233 Balboa Blvd (PA2023-0032) — Jenny District 1 3. Annual Review of Development Agreement Uptown Newport 4301 Jamboree (PA2023- District 3 0186) — Danny 4. Starbucks Late Hours MUP 2523 Eastbluff Dr PA2023-0193 — Danny District 4 February 21 General Plan Update Steering Committee GPUSC Meetin - February 22 Planning Commission - February 27 City Council 1. Study Session, Development Impact Fee Stud PA2021-127 — Liz Citywide FebruarV 29 Zoning Administrator - March 6 General Plan Advisory Committee (GPAC) Meeting - March 7 Planning Commission - March 12 City Council - March 14 Zoning Administrator - March 20 General Plan Update Steering Committee GPUSC Meeting - 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. January 2, 2024 March 21 Planning Commission - March 26 City Council - March 28 Zoning Administrator - April 3 General Plan Advisory Committee (GPAC) Meeting - April 9 City Council 1. Public Hearing, Residences at 1400 Bristol (PA2022-0296) — Liz 2. Public Hearing, Residences at 1401 Quail PA2023-0040 — David District 3 District 3 April 17 General Plan Update Steering Committee GPUSC Meeting - April 18 Planning Commission 1. Housing Element Implementation Program Amendments PA2022-0245 — Ben/Jaime Citywide April 23 City Council 1. 2nd Reading, Residences at 1400 Bristol (PA2022-0296) — Liz 2 2nd Reading, Residences at 1401 Quail PA2023-0040 — David District 3 District 3 Director or ZA Level Actions 1. Director's Determination Regarding Setbacks at 2800 and 2804 Ocean Blvd (PA2023- 0174) — Danny District 6 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 38th Street and Lake Ave appeal (PA2019-113) — Ben 2. Dawson Residence CDP Appeal at 2741 Ocean Blvd (PA2022-0315) — David 3. Coastal Act §30613 CDP jurisdiction change (PA2022-111) — Jaime/Dudek 4. 2022 LCPA #3 — Density Bonus ordinance update, Lido House Hotel expansion, Nonconforming uses and structures amendment — Jaime/Ben 5. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use change — Jaime/Chelsea/David 6. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay — Ben/Liz District 1 District 6 Coastal Coastal Coastal Coastal Planner Contact Information Seimone Jurjis, CDD Director 949-644-3282 slurlis(a�newportbeachca.gov Jaime Murillo, Acting Deputy CDD Director 949-644-3209 Imurillo(a�newportbeachca.gov Jerry Arregui, Planning Technician 949-644-3249 larregui(a�newportbeachca.gov Art Bashmakian, Contract Planner 949-644-3238 abash makian(a�newportbeachca.gov Chelsea Crager, Senior Planner 949-644-3227 ccrager(@newportbeachca.gov Danny Kopshever, Assistant Planner 949-644-3235 dkopshever(@newportbeachca.gov David Lee, Senior Planner 949-644-3225 dlee(a�newportbeachca.gov Oscar Orozco, Assistant Planner 949-644-3216 oorozco(a-�newportbeachca.gov Joselyn Perez, Associate Planner 949-644-3312 iperez(a�newportbeachca.gov Laura Rodrigez, Planning Technician 949-644-3216 Irod rig uez(a�newportbeachca.gov Jenny Tran, Assistant Planner 949-644-3212 itran(a�newportbeachca.gov Rosalinh Ung, Principal Planner (PT) 949-644-3208 runq(a�newportbeachca.gov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland(a)newportbeachca.gov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan(a)newportbeachca.gov Ben Zdeba, Principal Planner 949-644-3253 bzdeba(a�newportbeachca.gov Lauren Wood ing-Whitlinger, Real Property Administrator 949-644-3236 Iwooding(a�newportbeachca.gov Dan Campagnolo, Systems Administration Manager 949-644-3231 dcampagnolo(a�newportbeachca.gov Tonee Thai, Deputy CDD Director & Building Official 949-718-1867 tthai(a)newportbeachca.gov Brad Sommers, City Traffic Engineer 949-644-3326 bsommers(a�newportbeachca.gov January 9, 2024 Agenda Item No. 10 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 4, 2024 REGULAR MEETING — 6:00 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. 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. 1 CAMPBELL ANIMAL KEEPING APPEAL (PA2022-098) Site Location: 1691 Orchard Drive Summary: An appeal of the Hearing Officer's July 13, 2023, decision to approve a reasonable accommodation to provide relief from Newport Beach Municipal Code (NBMC) Section 7.12.010 (Keeping of Livestock) to allow three chickens on a single -unit residential property within a single -unit residential neighborhood for an individual with a disability. The appellant is requesting to allow 10 chickens on a single -unit residential property where the keeping of chickens is prohibited. Recommended Actions: 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) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2024-001 denying the appeal and upholding the action of the Hearing Officer and approving Reasonable Accommodation PA2022-098. 1 of 2 VII. STAFF AND COMMISSIONER ITEMS ITEM NO. 2 MOTION FOR RECONSIDERATION ITEM NO. 3 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA ITEM NO. 4 REQUESTS FOR EXCUSED ABSENCES VIII. ADJOURNMENT 2 of 2 Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report January 9, 2024 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director - 949-644-3209, jmurillo@newportbeachca.gov TITLE: Planning Commission Agenda Report for December 21, 2023 CONSENT ITEMS: ITEM NO. 1 MINUTES OF DECEMBER 7, 2023 SUMMARY: Draft minutes from the December 7, 2023, meeting of the Planning Commission. The Planning Commission considered the draft minutes with suggested edits to the minutes. The minutes were approved by the following vote. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Barto ABSTAIN: None ACTION: Approved as amended. PUBLIC HEARING ITEMS: ITEM NO. 2 1401 QUAIL STREET RESIDENCES (PA2023-0040) Site Locations: 1401 Quail Street SUMMARY: A demolition of an existing office building and construction of 67 for -sale residential condominium units atop a 146-space parking structure. The proposed podium -style residential building is approximately 87 feet tall and consists of six -stories above grade with a subterranean parking level below. The application consists of the following components: • General Plan Amendment — A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU- H2 (Mixed -Use Horizontal); • Planned CommunitV Development Plan Amendment — An amendment to the Newport Place Planned Community (PC11) to include the Property within the Residential Overlay; • Major Site Development Review - A site development review in accordance with the Newport Place Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project; • Tentative Vesting Tract Map —A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units; 10-1 ACTION ITEM NO. 3 Planning Commission Agenda Report for December 21, 2023 January 9, 2024 Page 2 Affordable Housing Implementation Plan - A program specifying how the project would meet the City's affordable housing requirements, in exchange for a request of 27.5% increase in density. The applicant seeks development standard waivers and incentives pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); Development Agreement — A Development Agreement, between the applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the applicant with a vested right to develop the Project for a term of ten years and provide negotiated public benefits to the City; and Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the project. The Planning Commission conducted a public hearing and recommended City Council approval of the project with amendments to the resolution by the following vote: AYES: Ellmore, Harris, Langford, Lowrey, Salene, and Rosene NOES: None ABSENT: Barto ABSTAI N: Approved SOBER LIVING BY THE SEA ZONING AGREEMENT TERMINATION (PA2008- 199) Site Locations: Citywide SUMMARY: Request to terminate Development Agreement 2008-005, a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea Inc. dba Sierra by the Sea, Inc. The Zoning Agreement authorized the operation of residential care facilities in the City subject to specific limitations. The Planning Commission conducted a public hearing and recommended to the City Council termination of the zoning agreement by the following vote: AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Barto ABSTAIN: None ACTION: Approved ITEM NO.4 BALDWIN & SONS MEDICAL OFFICE (PA2022-158) Site Locations: 20 Corporate Plaza SUMMARY: A request to convert a portion of the existing subterranean private parking area beneath the general office building at 20 Corporate Plaza into a 5,081-square-foot medical office. The project would require the following approvals to implement: • General Plan Amendment - To amend Anomaly Number 34 of Table LU2 in the General Plan Land Use Element to increase the maximum development limit by 2,711 square feet for a maximum development limit of 471,591 square feet; 10-2 Planning Commission Agenda Report for December 21, 2023 January 9, 2024 Page 3 Planned Community Development Plan Amendment - To amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591 square feet and to add "medical office" as an allowed use for Building Site 20; Conditional Use Permit - To allow an adjustment to the required off-street parking by waiving the four additional spaces required for the new medical office; and Development Agreement - The consideration of development agreement providing development rights in exchange for public benefits in accordance with Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code. The Planning Commission conducted a public hearing and recommended City Council approval of the project with the following vote: AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Barto ABSTAIN: None ACTION: Approved ITEM NO. 5 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN (PA2021-089) Site Locations: 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd) SUMMARY: The applicant requests to amend the existing conditional use permit (UP2017-019) that authorized a parking reduction and parking management plan (PMP) for Lido Marina Village (LMV). The applicant requests to remove the current requirement for off -site employee parking at Hoag Health Center (540 Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking on -site within the existing LMV parking structure and waiving additional parking spaces. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-019. The project also includes a coastal development permit to evaluate the change in intensity related to the parking reduction, PMP, and off -site parking. The Planning Commission conducted a public hearing and approved the project with amendments by the following vote: AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Barto ABSTAIN: None ACTION: Approved 10-3 December 20, 2023 2023 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT PROJECT TENTATIVE MEETING SCHEDULE' December 20 General Plan Update Steering Committee (GPUSC) Meetinq December 21 Planning Commission 1. Sierra by the Sea Zoning Agreement Cancellation - Melinda Citywide 2. Lido Marina Village Parking CUP (PA2021-089) — Liz District 1 3. 20 Corporate Plaza General Plan Amendment (PA2022-0158) — Joselyn District 5 4. Residences at 1401 Quail St. PA2023-0040 — David District 3 January 4 Planning Commission 1. Appeal of Campbell Animal Keeping at 1691 Orchard Drive PA2022-098) — Jenny District 3 January 10 General Plan Advisory Committee (GPAC) Meetinq January 11 Zoning Administrator CANCELED January 17 General Plan Update Steering Committee (GPUSC) Meeting January 18 Planning Commission 1. OC Sanitation District Pump Station at 250 E. Coast Hwy PA2023-0076 - David District 4 January 18 Airport Land Use Commission 1. Residences at 1400 Bristol (PA2022-0296) — Liz District 3 2. Residences at 1401 Quail PA2023-0040 - David District 3 January 23 City Council 1. 20 Corporate Plaza General Plan Amendment PA2022-0158 — Josel n District 5 January 25 Zoning Administrator 1. Moinfar Residence CDP at 2401 Ba shore PA2023-0157 - Danny District 2 February 8 Planning Commission February 13 City Council 1. Study Session- Housing Element Implementation Program Amendments — Ben/Jaime Citywide 2. Potential ALUC override for Residences at 1400 Bristol (PA2022-0296) - Liz District 3 3. Potential ALUC override for Residences at 1401 Quail (PA2023-0040) - David District 3 February 15 Zoning Administrator 1. Cappy's Cafe CDP/MUP at 5930 W Coast Hwy (PA2023-0191) - Jenny District 1 2. Tanar's Tobacco MUP at 2233 Balboa Blvd (PA2023-0032) - Jenny District 1 3. Annual Review of Development Agreement Uptown Newport 4301 Jamboree (PA2023- District 3 0186)- Danny 4. Starbucks Late Hours MUP 2523 Eastbluff PA2023-0193 District 4 February 22 Planning Commission February 27 City Council 4. Development Impact Fee Study Session — Liz Citywide February 29 Zoning Administrator March 7 Planning Commission March 12 City Council March 14 Zoning Administrator March 21 Planning Commission March 26 City Council March 28 Zoning Administrator April 9 City Council 1. Residences at 1400 Bristol (PA2022-0296) — Liz District 3 2. Residences at 1401 Quail PA2023-0040 - David District 3 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. 10-4 December 20, 2023 April 18 Planning Commission 1. Housing Element Implementation Program Amendments — Ben/Jaime Citywide April 23 City Council 1. 2nd reading- Residences at 1400 Bristol (PA2022-0296) — Liz 2 2nd reading- Residences at 1401 Quail PA2023-0040 - David District 3 District 3 Director or ZA Level Actions District 1 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 38' Street and Lake Ave appeal (PA2019-113) — Ben 2. Dawson Residence CDP Appeal at 2741 Ocean Blvd (PA2022-0315) — David L 3. Coastal Act §30613 CDP jurisdiction change (PA2022-111) - Jim/Jaime/Dudek 4. 2022 LCPA #3 — Density Bonus ordinance update, Lido House Hotel expansion, Nonconforming uses and structures amendment — Jaime/Ben 5. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use change — Jaime/Chelsea/David 6. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay — Ben/Liz District 1 District 6 Coastal District 4 Coastal Coastal Coastal Planner Contact Information Seimone Jur'is, Community Development Director 949-644-3282 s'ur'is new ortbeachca. ov Jaime Murillo, Acting Deputy Community Development Director 949-644-3209 imurillo(a�newportbeachca.gov Jerry Arre ui, Planning Technician 949-644-3249 'arre ui new ortbeachca. ov Art Bashmakian, Contract Planner 949-644-3238 Abash makiannew ortbeachca. ov Chelsea Cra er, Senior Planner 949-644-3227 ccra er new ortbeachca. ov Danny Ko shever, Assistant Planner 949-644-3235 dko shever new ortbeachca. ov David Lee, Senior Planner 949-644-3225 dlee new ortbeachca. ov Oscar Orozco, Assistant Planner 949-644-3216 oorozco new ortbeachca. ov Josel n Perez, Associate Planner 949-644-3312 erez new ortbeachca. ov Laura Rodri ez, Planning Technician 949-644-3216 LRodri uez new ortbeachca. ov Jenny Tran, Assistant Planner 949-644-3212 'tran new ortbeachca. ov Rosalinh Un , Principal Planner PT 949-644-3208 run new ortbeachca. ov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland new ortbeachca. ov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan new ortbeachca. ov Ben Zdeba, Principal Planner 949-644-3253 bzdeba new ortbeachca. ov Lauren Wood in-Whitlin er, Real Property Administrator 949-644-3236 Iwoodin new ortbeachca. ov Dan Cam a nolo, Systems Administration Manager 949-644-3231 dcam pag nolo new ortbeachca. gov Tonee Thai, Deputy CD Director & Building Official 949-718-1867 tthai new ortbeachca. ov Brad Sommers, City Traffic Engineer 949-644-3326 bsommers new ortbeachca. ov 10-5