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Home My WebLink About13 - Planning Commission Agenda and Action Report for September 5, 2024Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 10, 2024 Agenda Item No. 13 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, Deputy Community Development Director - 949-644- 3209, jmurillo@newportbeachca.gov TITLE: Planning Commission Agenda Report for September 5, 2024 CONSENT ITEMS: ITEM NO. 1 MINUTES OF AUGUST 22, 2024 SUMMARY: Draft minutes from the August 22, 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, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Harris ABSTAIN: None ACTION: Approved as amended PUBLIC HEARING ITEMS: ITEM NO. 2 WILD STRAWBERRY CAFE OUTDOOR DINING AREA EXPANSION (PA2021- 309) Site Location: 240 Newport Center Drive, Suite 100 SUMMARY: A request for a conditional use permit to increase the authorized area used for outdoor dining at an existing restaurant from 75 square feet to approximately 658 square feet and to waive the additional parking spaces required for the expanded area. Alcohol service would be offered on a portion of the expanded outdoor dining area through the restaurant's existing Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) License and the alcohol service area would be delineated with planters. Hours of operation are proposed to remain from 7:00 a.m. to 6:00 p.m., daily. Aside from the expanded outdoor dining and alcohol service area, there are no other operational changes proposed. If approved, this Conditional Use Permit would supersede all prior approvals. The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Harris RECUSED: None ACTION: Approved as recommended 13-1 Planning Commission Agenda Report for September 5, 2024 September 10, 2024 Page 2 ITEM NO. 3 UPTOWN NEWPORT DEVELOPMENT AGREEMENT SECOND AMENDMENT (PA2024-0078) Site Location: 4311 Jamboree Road, North side of Jamboree Road, between MacArthur Boulevard and Birch Street SUMMARY: An amendment of the Uptown Newport Development Agreement No. DA2021-003 (DA) to allow excess park in -lieu fee credits to be applied towards applicable public benefit fee obligations as specified in the DA for residential projects located within the Uptown Newport Planned Community (PC-58). The Planning Commission conducted a public hearing, considered public input, and approved the amendment by the following vote: AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: Harris RECUSED: None ACTION: Approved as recommended ITEM NO.4 AMENDMENT TO THE 6T" CYCLE HOUSING ELEMENT (PA2022-0245) Site Location: Citywide SUMMARY: A narrowly focused amendment to the City's adopted and certified 6th Cycle Housing Element that would revise portions of Section 3 (Housing Constraints, Resources, and Affirmatively Furthering Fair Housing) and Section 4 (Housing Plan) to change the narrative and implementing actions to remove the requirement for a vote of the electorate pursuant to Charter Section 423. The Planning Commission conducted a public hearing, considered public input, and approved recommendation to City Council for adoption of the amendment by the following vote: AYES: Barto, Ellmore, Langford, Rosene, and Salene NOES: Lowrey ABSENT: Harris RECUSED: None ACTION: Approved as recommended 13-2 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Proiect title Activity September 05 - Planning Commission Meeting 1 Housing Element Public Hearing Implementation Program Amendments 2 Uptown Newport Public Hearing Development Agreement 2nd Amendment 3 Wild Strawberry Outdoor Public Hearing Patio Parking Waiver Address 1 CITYWIDE PROJECT 4311 JAMBOREE ROAD Plan # Staff Assigned Status District PA2022-0245 Benjamin Zdeba MORE INFO District 5 PA2024-0078 Rosalinh Ung 240 NEWPORT CENTER DR PA2021-309 Joselyn Perez September 4, 2024 - General Plan Advisory Committee (GPAC) 1 General Plan Update Regular Meeting 1 CITYWIDE PROJECT September 10 - City Council Meeting 1 1201 Dove Street Project Lease Amendment for Realm Group 1201 DOVE ST (Consent ) 2 CDBG CAPER for FY23-24 Public Hearing 1 CITYWIDE PROJECT 3 Density Bonus LCP Public Hearing 1 CITYWIDE PROJECT Amendment 4 Residences at 1600 Dove Consent 1600 DOVE ST Street PA2022-080 Benjamin Zdeba RP2024-0001 Lauren Wooding RP2024-0007 Lauren Wooding PA2020-032 Jaime Murillo MORE INFO District 3 MORE INFO Citywide MORE INFO Citywide District 3 District 5 MORE INFO Citywide PA2022-0297 Liz Westmoreland MORE INFO 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. Page 1 of 8 9/3/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Proiect title Activity September 12 - Zoning Administrator Meeting 1 ARDR Realty, LLC Public Hearing Residence CDP 2 Podley Residence CDP Public Hearing 3 Schwartz Residence Public Hearing September 18 - GPUSC Meeting September 19 - Planning Commission Meeting Address 1105 BAY FRONT N 1504 BAY FRONT S 2050 OCEAN FRONT E Plan # Staff Assigned PA2024-0085 Melinda Whelan PA2024-0134 Daniel Kopshever PA2024-0059 Melinda Whelan Status District MORE INFO District 5 MORE INFO District 5 MORE INFO District 1 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. Page 2 of 8 9/3/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Proiect title Activity September 24 - City Council Meeting Address Plan # Staff Assigned Status District 1 City Library/Fire Station 1 Public Hearing 100 BALBOA BLVD E, LIB PA2024-0140 Laura Rodriguez MORE INFO District 1 CDP 2 Density Bonus LCP Consent-2nd reading 1 CITYWIDE PROJECT PA2020-032 Jaime Murillo MORE INFO Citywide Amendment 3 General Plan Update Consent - GPUSC Bi-Monthly Update 1 CITYWIDE PROJECT PA2022-080 Benjamin Zdeba MORE INFO Citywide 4 Housing Element (Tentative) 1 CITYWIDE PROJECT PA2022-0245 Benjamin Zdeba MORE INFO District 5 Implementation Program Amendments 5 Nonconforming Uses & Consent Structures LCP Amendment September 26 - Zoning Administrator Meeting October 3 - Planning Commission Meeting 1 Barnard Residence Public Hearing 2 Cade Cafe CUP/CDP Tentative Public Hearing 3 Newport Home LLC Public Hearing Residence 1 CITYWIDE PROJECT PA2022-076 Joselyn Perez MORE INFO District 5 3907 SEASHORE DR, A PA2023-0018 Oscar Orozco MORE INFO District 1 2210 NEWPORT BLVD, 101 PA2024-0074 Rosalinh Ung MORE INFO District 1 3202 OCEAN FRONT W PA2024-0121 Daniel Kopshever MORE INFO District 1 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. Page 3 of 8 9/3/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Proiect title Activity Address Plan # Staff Assigned Status District October 08 - City Council Meeting 1 Lower Castaways Study Session 100 DOVER DR PA2024-0138 Benjamin Zdeba MORE INFO District 3 2 Nonconforming Uses & 2nd Reading 1 CITYWIDE PROJECT PA2022-076 Joselyn Perez MORE INFO District 5 Structures LCP Amendment October 10 - Zoning Administrator Meeting 1 604 Narcissus LLC, (non -hearing item) 604 NARCISSUS AVE PA2024-0133 Laura Rodriguez MORE INFO District 6 Residential Condominiums October 16 - GPUSC Meeting October 17 - Planning Commission Meeting October 22 - City Council Meeting 1 Development Impact Fee Public Hearing 1 CITYWIDE PROJECT PA2021-127 Liz Westmoreland MORE INFO Citywide Study 2 Hanna Residences Land Amendment to Local Coastal Program 3014 BALBOA BLVD PA2020-060 David Lee MORE INFO District 1 Use Change from Commercial to Residential 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. Page 4 of 8 9/3/2024 City of Newport Beach Tentative Agenda Report - 08/31/2024 to 12/03/2024 Proiect title Activity October 24 - Zoning Administrator Meeting November 07 - Planning Commission Meeting November 12 - City Council Meeting November 14 - Zoning Administrator Meeting November 19 - City Council Meeting November 21 - Planning Commission Meeting November 27 - Zoning Administrator Meeting Address ri Plan # Staff Assigned Status District 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. Page 5 of 8 9/3/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Proiect title Activity Hearing Date to be Determined 1 Cappy's Cafe CDP/MUP 2 Lido House Hotel Expansion 3 Placeworks Coyote Canyon IS/MND Contract Amendment 4 Santiniello Residence CDF 5 Saunders Self Storage 6 Snow Residence Condominiums TPM/CDP/Conversion 7 Tracy Residence Variance Address Plan # Staff Assigned Status District 5930 COAST HWY W PA2023-0191 Jenny Tran MORE INFO District 1 Consent - LCPA Effectiveness 3300 NEWPORT BLVD PA2020-068 Benjamin Zdeba MORE INFO District 1 Consent 20662 NEWPORT COAST DF PA2022-063 Joselyn Perez MORE INFO District 7 1206 BLUE GUM LN PA2024-0014 Laura Rodriguez MORE INFO District 3 3848 CAMPUS DR PA2023-0145 Liz Westmoreland MORE INFO District 3 400 40TH ST PA2023-0147 Jerry Arregui MORE INFO District 1 1020 WHITE SAILS WAY PA2023-0200 Jenny Tran MORE INFO District 6 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. Page 6 of 8 9/3/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Proiect title Activity Address Plan # Staff Assigned Status District Pending Coastal Commission 1 Coastal Act 30613 CDP City Project 1 CITYWIDE PROJECT PA2022-111 Jaime Murillo MORE INFO Citywide Jurisdiction Change 2 Commercial Parking LCP Amendment 1 CITYWIDE PROJECT PA2021-104 Benjamin Zdeba MORE INFO Citywide Requirements 3 Dawson Residence CDP Private Project 2741 OCEAN BLVD PA2022-0315 David Lee MORE INFO District 6 Appeal 4 Mooring Field C City Project 1 CITYWIDE PROJECT PA2024-0139 Paul Blank MORE INFO District 5 Optimization Pilot Project 5 Municipal Code Clean Up LCP Amendment 1 CITYWIDE PROJECT PA2022-0219 Jaime Murillo MORE INFO 6 Short -Term Lodging LCP Amendment 1 CITYWIDE PROJECT PA2023-0116 Jaime Murillo MORE INFO Amendment 7 Small Cell Telecom Appea Private Project 3714 LAKE AVE PA2019-113 Benjamin Zdeba MORE INFO Citywide 8 Special Flood Hazard Aree LCP Amendment 1 CITYWIDE PROJECT PA2018-075 Liz Westmoreland MORE INFO District 1 (VE) Overlay 9 Tennis and Pickleball Club LCP Amendment 1602 COAST HWY PA2021-260 David Lee MORE INFO Citywide of Newport Beach 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. Page 7 of 8 9/3/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/31/2024 to 12/03/2024 cq<r r=o RNs- Planner Contact Information Name & Title Phone Email Art Bashmakian, Contract Planner 949-644-3238 abashmakian@newportbeachca.gov Benjamin Zdeba, Planning Manager 949-644-3253 bzdeba@newportbeachca.gov Dan Campagnolo, Systems and Administration Manager 949-644-3231 dcampagnolo@newportbeachca.gov Daniel Kopshever, Assistant Planner 949-644-3235 dkopshever@newportbeachca.gov David Lee, Senior Planner 949-644-3225 dlee@newportbeachca.gov Jaime Murillo, Deputy CDD Director 949-644-3209 jmurillo@newportbeachca.gov James Sommers, City Traffic Engineer 949-644-3326 bsommers@newportbeachca.gov Jenny Tran, Associate Planner 949-644-3212 jtran@newportbeachca.gov Jerry Arrequi, Assistant Planner 949-644-3249 jarregui@newportbeachca.gov Joselyn Perez, Planner, Senior 949-644-3312 jperez@newportbeachca.gov Laura Rodriquez, Planning Technician 949-644-3216 Irodriguez@newportbeachca.gov Lauren Woodinq, Real Property Administrator 949-644-3236 Iwooding@newportbeachca.gov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland@newportbeachca.gov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan@newportbeachca.gov Oscar Orozco, Assistant Planner 949-644-3219 oorozco@newportbeachca.gov Rosalinh Unq, Principal Planner (PT) 949-644-3208 rung@newportbeachca.gov Seimone Jurjis, Assistant ACM/CDD Director 949-644-3282 sjurjis@newportbeachca.gov Tonee Thai, Deputy CDD Director & Building Official 949-718-1867 tthai@newportbeachca.gov 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. Page 8 of 8 9/3/2024 September 10, 2024 Agenda Item No. 13 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 5, 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 AUGUST 22, 2024 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 WILD STRAWBERRY CAFE OUTDOOR DINING AREA EXPANSION (PA2021-309) Site Location: 240 Newport Center Drive, Suite 100 Summary: A request for a conditional use permit to increase the authorized area used for outdoor dining at an existing restaurant from 75 square feet to approximately 658 square feet and to waive the additional parking spaces required for the expanded area. Alcohol service would be offered on a portion of the expanded outdoor dining area through the restaurant's existing Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) License and the alcohol service area would be delineated with planters. Hours of operation are proposed to remain from 7:00 a.m. to 6:00 p.m., daily. Aside from the expanded outdoor dining and alcohol service area, there are no other operational changes proposed. If approved, this Conditional Use Permit would supersede all prior approvals. 1 of 3 Recommended Actions: 1. Conduct a public hearing; 2. Find this review 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 3. Adopt Resolution No. PC2024-017 approving Conditional Use permit filed as PA2023-309 and superseding Use Permit Nos. UP2021-026 (PA2021-135) and UP2003-051 (PA2003-295), Outdoor Dining Permit No. OD2004-002 and Staff Approval No. SA2004-018 (PA2004-220). ITEM NO. 3 UPTOWN NEWPORT DEVELOPMENT AGREEMENT SECOND AMENDMENT (PA2024-0078) Site Location: 4311 Jamboree Road, North side of Jamboree Road, between MacArthur Boulevard and Birch Street Summary: An amendment of the Uptown Newport Development Agreement No. DA2021- 003 (DA) to allow excess park in -lieu fee credits to be applied towards applicable public benefit fee obligations as specified in the DA for residential projects located within the Uptown Newport Planned Community (PC-58). Recommended Actions: 1. Conduct a public hearing; 2. All significant environmental concerns for the proposed project have been addressed in the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum No. ER2012-001, and Second Addendum No. ER2020-001; and 3. Adopt Resolution No. PC2024-018 approving Uptown Newport Development Agreement No. DA2012-003, Second Amendment. ITEM NO. 4 AMENDMENT TO THE 6TH CYCLE HOUSING ELEMENT (PA2022- 0245) Site Location: Citywide Summary: A narrowly focused amendment to the City's adopted and certified 6t" Cycle Housing Element that would revise portions of Section 3 (Housing Constraints, Resources, and Affirmatively Furthering Fair Housing) and Section 4 (Housing Plan) to change the narrative and implementing actions to remove the requirement for a vote of the electorate pursuant to Charter Section 423. Recommended Actions: 1. Conduct a public hearing; 2 of 3 2. Find that all significant environmental concerns for the City's Housing Element and its implantation have been addressed in a previously certified environmental document (Housing Element Implementation Program Environmental Impact Report [PEIR] — State Clearinghouse Number 2023060699); and 3. Adopt Resolution No. PC2024-019 recommending the City Council's adoption of the Amendment. 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 3 of 3