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Home My WebLink About11 - Planning Commission Agenda and Action Report for May 23, 2024SEW P0_ u ram-_ r c q<� Fo FzN�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report May 28, 2024 Agenda Item No. 11 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director, jmurillo@newportbeachca.gov PHONE: 949-644-3209 TITLE: Planning Commission Agenda Report for May 23, 2024 CONSENT ITEMS: ITEM NO. 1 MINUTES OF APRIL 18, 2024 SUMMARY: Draft minutes from the April 18, 2024, 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: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSENT: Lowrey ABSTAIN: None ACTION: Approved as amended ITEM NO. 2 PETTEY FAMILY TRUST ENCROACHMENT (PA2024-0067) Site Location: 521 Larkspur Summary: A request to waive City Council Policy L-6 to retain existing and construct new non- compliant private improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl fencing encroaching up to 6-feet and 2-foot 6-inches, respectively, within the 50- foot wide Third Avenue public right-of-way. The Third Avenue right of way is approximately 10-feet from face of curb to the property line. City Council Policy L-6 prohibits the existing and proposed new vinyl fencing to a 1-foot projection into the right-of-way and limiting encroachments to 36-inches maximum. The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSENT: Lowrey ABSTAIN: None ACTION: Approved as recommended Planning Commission Agenda Report for May 23, 2024 May 28, 2024 Page 2 ITEM NO. 3 SMITH FAMILY TRUST ENCROACHMENT (PA2024-0045) Site Location: 3015 Larkspur Summary: A request to waive City Council Policy L-6 to retain private improvements consisting of a various retaining walls, steps, and pilasters with lights that encroach up to 4 feet within the 40-foot-wide La Jolla Drive public right-of-way and up to 13 feet within the 80-foot-wide Cliff Drive public right-of-way. The La Jolla Drive public right-of-way is approximately 5-foot wide from face of curb to property line and the Cliff Drive right- of-way is approximately 13-feet wide from the face of curb to the property line. City Council Policy L-6 prohibits the retaining walls, steps, and pilasters with lights since structures are limited to a one 1-foot projection into the right-of-way, maximum height of 36-inches, and prohibits lighting. The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSENT: Lowrey ABSTAIN: None ACTION: Approved as recommended PUBLIC HEARING ITEMS: ITEM NO.4 RESIDENCES AT 1600 DOVE STREET (PA2022-0297) Site Location: 1600 Dove Street SUMMARY: The Applicant is requesting approval of the following entitlements for the future development of a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street (Project): General Plan Amendment (GPA) - A request to add 49 dwelling units above the General Plan allowance, and amend Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to allow 49 residential dwelling units at the Property; Affordable Housinq Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of partial park in -lieu fees and mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code (NBMC) and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement (DA) — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project; and Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. 11-2 Planning Commission Agenda Report for May 23, 2024 May 28, 2024 Page 3 The Project would require a future Site Development Review approval prior to building permit issuance as no specific design for the Project is included. The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Ellmore, Langford, and Rosene NOES: Salene ABSENT: Lowrey RECUSED: Harris ACTION: Approved as recommended ITEM NO. 5 FLETCHER JONES AIRPORT SHUTTLE AND PARKING FACILITY (PA2023- 0172) Site Location: 20071 Birch Street SUMMARY: A request for a conditional use permit to relocate the existing Fletcher Jones Motorcars Preferred Owners Airport Shuttle Facility from its current location at 2172, 2192, and 2222 South Bristol Street to a new site at 20071 Birch Street. If approved, the new site will be developed with an approximately 1,134 square -foot, single -story, reception office and surface parking for 83 cars. Accessory improvements include security fencing and perimeter walls, site lighting, hardscaping, and landscaping. No late hours are proposed. The request is one phase of a larger future effort by Fletcher Jones Motorcars to redevelop 2172, 2192, and 2222 South Bristol Street and the adjoining property at 20052 Birch Street into an automotive inventory facility with accessory parking. With approval of this application, the conditional use permit for application PA2022-128 would be rescinded. The Planning Commission conducted a public hearing and approved the project making modifications to the conditions of approval by the following vote: AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSENT: Lowrey RECUSED: None ACTION: Approved as amended 11-3 May 21, 2024 2024 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT (CDD) TENTATIVE PROJECT MEETING SCHEDULE' May 23 GPAC Land Use Subcommittee Meeting May 23 Planning Commission 1. Fletcher Jones Airport Shuttle Relocation to 20071 Birch St (PA2023-0172) — Joselyn District 3 2. (Consent) Smith Family Trust Encroachment at 3015 Cliff Drive (PA2024-0045) — Keely District 2 3. (Consent) Pettey Family Trust Encroachment at 521 Larkspur Ave (PA2024-0067) — Keely District 6 4. Residences at 1600 Dove PA2022-0297 - Liz District 3 May 28 City Council 1. (Public Hearing) Notice of Intent to Override ALUC- Housing Element Implementation Citywide Program Amendments PA2022-0245) — Ben/Jaime May 30 Zoning Administrator 1. Tanar's Tobacco MUP at 2233 Balboa Blvd - (PA2023-0032) - Jenny District 1 2. Salamatipour Residential Condominiums at 709 and 709'/2 Larkspur Ave - (PA2024- District 6 0060) — Laura(non-hearing item; non -coastal June 5 Planning Commission (Special Meeting) 1. Malark 's CUP/CDP/Parcel Map at 3011 Newport Blvd — PA2024-0001 — Oscar District 1 June 6 Planning Commission (Cancelled) June 11 City Council 1. (Consent) CdM Study Contract Award (PA2024-002) - Liz/Joselyn District 6 2. (Consent) GPUSC Bi-Monthly Update to Council — Ben Citywide 3. Consent Temporary Employment Agreement with Rosalinh — Jaime Citywide June 13 Zoning Administrator 1. Aflatoon Residence CDP at 434 Harbor Island Drive - (PA2024-0051) — Danny District 5 2. Allen Residence CDP at 503 36t" St (PA2024-0063) - Danny District 1 3. Lot Merger Application at 600 Seaward Rd (PA2024-0018) — Laura District 6 4. Pre Core ll, LLC Condominiums TPM at 519 Narcissus (PA2024-0034) — Laura (non- District 6 public hearing item; non -coastal) 5. Tagetts LLC TPM at 512 Marigold (PA2024-0028) — Laura (non-public hearing item; District 6 non -coastal June 19 General Plan Advisory Committee (GPAC) Meeting June 19 General Plan Update Steering Committee (GPUSC) Meeting June 20 Planning Commission 1. Ahmed Residence CDP/Variance at 3100 W Ocean Front - (PA2024-0013) —Jenny District 1 2. Pine Residence CDP/Variance at 3509 Seashore Drive - (PA2022-0212) — Oscar District 1 June 20 Airport Land Use Commission 1. Residences at 1600 Dove (PA2022-0245) — Liz District 3 June 25 City Council June 27 Zoning Administrator July 9 City Council 1. (Public Hearing) Residences at 1600 Dove (PA2022-0297) — Liz District 3 July 11 Zoning Administrator July 18 Planning Commission July 23 City Council 1. Housing Element Implementation Program Amendments PA2022-0245 — Ben/Jaime Citywide 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. May 21, 2024 July 25 Zoning Administrator Director or ZA Level Actions 1. Muldoon's Irish Pub Staff Approval (Revised) (PA2024-0031) — Jenny District 5 CDP Waivers None this week - TBD Items 1. Wireless Facilities in public right-of-way, ordinance update — Ben/OCA 2. Cappy's Cafe CDP/MUP at 5930 W Coast Hwy (PA2023-0191) — Jenny 3. Snow Residence Condominiums TPM/CDP/Conversion at 400 40th (PA2023-0147) — Jerry 4. Study Session, Development Impact Fee Study (PA2021-127) — Liz 5. Density Bonus LCP Amendment (PA2020-032) — Jaime 6. Tentative Tracy Residence Variance at 1020 White Sails PA2023-0200 — Jenny Citywide District 1 District 1 Citywide Citywide Pending Coastal Commission 1. Small Cell Telecom Appeal at 38th Street and Lake Ave appeal (PA2019-113) — Ben 2. Coastal Act §30613 CDP jurisdiction change (PA2022-111) — Jaime/Dudek 3. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use change — Jaime/Chelsea/David 4. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay — Ben/Liz 5. 2024 LCPA #1 — Short Term Lodging, NB Tennis & Pickleball Club, MC Clean Up — Jaime/David 6. Dawson Residence CDP Appeal at 2741 Ocean Blvd (PA2022-0315) — David 7. Mooring Field C Optimization Pilot Project — Paul Blank/Dudek 8. OCSD Pump Station Appeal PA2023-0076 — David Lee District 1 Coastal Coastal Coastal Coastal District 6 District 1 District 4 Planner Contact Information Seimone Jur is, Assistant ACM/CDD Director 949-644-3282 sour is new ortbeachca. ov Jaime Murillo, Acting Deputy CDD Director 949-644-3209 murillo new ortbeachca. ov Jerry Arre ui, Planning Technician 949-644-3249 arre ui new ortbeachca. ov Art Bashmakian, Contract Planner 949-644-3238 abash makian new ortbeachca. ov Danny Kopshever, 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 Irodri 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@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 CDD Director & Building Official 949-718-1867 tthai(a�newportbeachca.gov Brad Sommers, City Traffic Engineer 949-644-3326 bsommers(a�newportbeachca.gov May 28, 2024 Agenda Item No. 11 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MAY 23, 2024 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 APRIL 18, 2024 Recommended Action: Approve and file ITEM NO. 2 PETTEY FAMILY TRUST ENCROACHMENT (PA2024-0067) Site Location: 521 Larkspur Avenue Summary: A request to waive City Council Policy L-6 to retain existing and construct new non- compliant private improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl fencing encroaching up to 6-feet and 2-foot 6-inches, respectively, within the 50-foot wide Third Avenue public right-of-way. The Third Avenue right-of-way is approximately 10 feet from face of curb to the property line. City Council Policy L-6 prohibits the existing and proposed new vinyl fencing to a 1-foot projection into the right-of-way and limiting encroachments to 36-inches maximum. Recommended Actions: Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain existing and construct new non -compliant private improvements consisting of 3- foot-tall and 6-foot-tall vinyl fencing that encroach into the Third Avenue public rights -of -way, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and 1 of 4 3. Adopt Resolution No. PC2024-009 waiving City Council Policy L-6 and approving Encroachment Permit No. N2024-0154. ITEM NO. 3 SMITH FAMILY TRUST ENCROACHMENT (PA2024-0045) Site Location: 3015 Cliff Drive Summary: A request to waive City Council Policy L-6 to retain private improvements consisting of a various retaining walls, steps, and pilasters with lights that encroach up to 4 feet within the 40-foot-wide La Jolla Drive public right-of-way and up to 13 feet within the 80-foot-wide Cliff Drive public right-of-way. The La Jolla Drive public right-of-way is approximately 5-foot wide from face of curb to property line and the Cliff Drive right-of-way is approximately 13-foot wide from the face of curb to the property line. City Council Policy L-6 prohibits the retaining walls, steps, and pilasters with lights since structures are limited to a one 1-foot projection into the right-of-way, maximum height of 36-inches, and prohibits lighting. Recommended Actions: Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain non -compliant private improvements consisting of varying height retaining walls, steps, and pilasters with lights that encroach into the La Jolla Drive and Cliff Drive public rights -of -way, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and 3. Adopt Resolution No. PC2024-010 waiving City Council Policy L-6 and approving Encroachment Permit No. N2024-0163. 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. 4 RESIDENCES AT 1600 DOVE STREET (PA2022-0297) Site Location: 1600 Dove Street Summary: The Applicant is requesting approval of the following entitlements for the future development of a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street (Project): • General Plan Amendment (GPA) - A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling to the Property; 2 of 4 Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of partial park in -lieu fees and mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code (NBMC) and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement (DA) — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project; and Traffic Study -A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. The Project would require a future Site Development Review approval prior to building permit issuance as no specific design for the Project is included. Recommended Action: 1. Conduct a public hearing; 2. Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the Project; and 3. Adopt Resolution No. PC2024-008 recommending the City Council adoption of Environmental Impact Report Addendum No. 9, and approval of General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study, and Development Agreement, for the project located at 1600 Dove Street (PA2022- 0297). ITEM NO. 5 FLETCHER JONES AIRPORT SHUTTLE AND PARKING FACILITY (PA2023- 0172) Site Location: 20071 Birch Street 3 of 4 Summary: A request for a conditional use permit to relocate the existing Fletcher Jones Motorcars Preferred Owners Airport Shuttle Facility from its current location at 2172, 2192, and 2222 South Bristol Street to a new site at 20071 Birch Street. If approved, the new site will be developed with an approximately 1,134 square -foot, single -story, reception office and surface parking for 83 cars. Accessory improvements include security fencing and perimeter walls, site lighting, hardscaping, and landscaping. No late hours are proposed. The request is one phase of a larger future effort by Fletcher Jones Motorcars to redevelop 2172, 2192, and 2222 South Bristol Street and the adjoining property at 20052 Birch Street into an automotive inventory facility with accessory parking. With approval of this application, the conditional use permit for application PA2022-128 would be rescinded. 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), Section 15332 under Class 32 (In -Fill Development Projects), and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2024-011 approving the conditional use permit filed as PA2023-0172. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 4 of 4