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NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MAY 23, 2024 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER- 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Langford III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, and Commissioner
David Salene ABSENT: Commissioner Lee Lowrey
Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney
Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner Liz Westmoreland, Associate Planner Joselyn Perez, Department Assistant Savannah Martinez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS - None V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF APRIL 18, 2024 Recommended Action: Approve and file
Motion made by Commissioner Langford and seconded by Secretary Harris to approve the minutes of April 18, 2024. AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Lowrey 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 the 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:
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1. 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 3. Adopt Resolution No. PC2024-009 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2024-0154. City Traffic Engineer Sommers relayed the request by the homeowner for private improvements in
the public right-of-way, property location, project scope, findings from a review by Public Works, support of the waiver by Public Works, and condition of approval for an encroachment agreement within a year of approval.
In response to Secretary Harris’ question, City Traffic Engineer Sommers stated that the encroachment agreement will allow the City to take the land back for public improvements at the expense of the homeowner. In response to Vice Chair Rosene’s question, City Traffic Engineer Sommers clarified that the 6-foot fence is being relocated on the property to improve the sight distance coming out of the driveway. There were no ex-parte communications disclosed by the Commissioners. There was no public comment.
Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve the item as recommended by staff. AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None
RECUSED: None ABSENT: Lowrey 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 the 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 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.
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Recommended Actions: 1. 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.
City Traffic Engineer Sommers relayed the request by the homeowner related to private improvements in the public right-of-way, findings from a review by Public Works, and condition of approval for an encroachment agreement within a year of approval.
There were no ex-parte communications disclosed by the Commissioners. There was no public comment. Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as recommended by staff.
AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None RECUSED: None
ABSENT: Lowrey VII. 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 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;
• 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
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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). Secretary Harris recused himself from the item due to a business interest conflict. Senior Planner Westmoreland used a presentation to review the project location, land use and zoning, project description, entitlements requested, dwelling unit summary, conceptual elevations, density bonus and AHIP, development agreement, CEQA addendum and traffic study, Charter Section 423
Analysis, recommendation, and next steps. In response to Commissioner Salene’s question, Senior Planner Westmoreland stated that the reduced
park fee is based on a negotiated number. Commissioners Barto and Langford disclosed ex parte communication by speaking with the
representative from the developer, while the remaining Commissioners had none. Chair Ellmore opened the public hearing. Satish Lion, representing The Picerne Group, utilized a presentation to review the project team, sponsor, and context map, current condition, product evolution, and community support and commitment. He agreed to the recommended conditions.
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Chair Ellmore closed the public hearing. Commissioner Langford thought the project was thoughtful. Commissioner Salene thought the project is pushing the density and expressed concern for the starting base density, additional bonuses, and an aggressive approach. Motion made by Commissioner Langford and seconded by Chair Ellmore to approve the item as recommended by staff. AYES: Barto, Ellmore, Langford, and Rosene NOES: Salene
RECUSED: Harris ABSENT: Lowrey 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. 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.
Associate Planner Perez used a presentation to review the vicinity map, surrounding land use and zoning, existing airport shuttle facility, future redevelopment plans for the existing shuttle facility site, the proposed relocation project, site improvements for the new airport shuttle facility, described why a conditional use permit is required, reviewed compatibility findings and conditions of approval for the project, recommended adding three additional conditions of approval to the resolution, provided an overview of the environmental review and CEQA, and recommended approval.
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The Commissioners disclosed no ex parte communications. Lauren Marshall, Allegro Civil Engineers, used a presentation to review the shuttle and site history, existing conditions, proposal, and architectural renderings. She agreed to the recommended conditions. In response to Secretary Harris’ questions, Austin Hunn of Allegro Civil Engineers stated that the applicant is amenable to expanded hours to accommodate arrival of late flights. In response to Commissioner Salene’s question, Mr. Hunn stated that he does not have empirical data showing people stranded at the airport and anecdotal evidence would be needed from Fletcher
Jones if that occurs. In response to Commissioner Barto’s inquiry, Ms. Marshall stated that she thought the property to
the north was a commercial use. Chair Ellmore opened the public hearing. Jim Mosher supported removing incompatible uses and questioned how the demolition of the residential property was accomplished in accordance with state law. Acting Deputy Community Development Director Murillo clarified that the unit to the north is vacant,
and was used in the past for commercial purposes, including a limousine rental business.. He then stated that the demolition of the residential unit was approved prior to January 1, 2024, the effective date for the law referenced by Mr. Mosher. Chair Ellmore closed the public hearing.
Commissioner Langford thought the new location is more efficient and supported the project. Vice Chair Rosene supported the project and proposed allowing the applicant to expand operating
hours until the airport closing time. Motion made by Vice Chair Rosene and seconded by Commissioner Barto to approve the item with an amendment to allow the applicant to expand the hours of operation to reflect the airport operating hours. AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None
RECUSED: None ABSENT: Lowrey VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION - None 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
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Acting Deputy Community Development Director Murillo noted that the next Planning Commission meeting scheduled for June 5 is a Special Meeting. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES - None IX. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 6:40 p.m. The agenda for the May 23, 2024, Planning Commission meeting was posted on Thursday, May 16, 2024, at 3:30 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 Thursday, May 16, 2024, at 3:33 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary
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