HomeMy WebLinkAbout06-20-2024 - Planning Commission
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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JUNE 20, 2024
REGULAR MEETING – 6:00 P.M.
I. CALL TO ORDER – 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Secretary Harris
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Secretary Tristan Harris, Commissioner Brady Barto,
Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner
David Salene
ABSENT: Vice Chair Mark Rosene
Staff Present: Deputy Community Development Director Jaime Murillo, Assistant City Attorney
Yolanda Summerhill, Principal Civil Engineer Kevin Riley, Assistant Planner Jenny
Tran, Assistant Planner Oscar Orozco, Administrative Assistant Clarivel Rodriguez,
and Department Assistant Jasmine Leon
IV. PUBLIC COMMENTS – Chair Ellmore announced that this meeting is his last as chairman and thanked
his wife for her support.
V. REQUEST FOR CONTINUANCES - None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JUNE 5, 2024
Recommended Action: Approve and file
Motion made by Secretary Harris and seconded by Commissioner Langford to approve the minutes of June
5, 2024, with Mr. Mosher’s edits.
AYES: Barto, Ellmore, Harris, Langford, and Salene
NOES: None
ABSTAIN: Lowrey
ABSENT: Rosene
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 AHMED RESIDENCE (PA2024-0013)
Site Location: 3100 West Oceanfront
Summary:
A request for a coastal development permit to demolish an existing 3,027-square-foot single-
unit dwelling and construct a new 2,622-square-foot, three-story single-unit dwelling and
attached 370-square-foot, two-car garage in the VE Special Flood Hazard Area (VE Flood
Zone). Additionally, the applicant requests a variance from Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code (NBMC) to construct two exterior entry stairs that are approximately 9-feet, 6-inches in
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June 20, 2024
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height (including steps and guardrails) in the side yard setback. Within side yard setbacks,
the NBMC restricts stairs, platforms, and landings to 18 inches maximum from existing grade
and fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum from
existing grade. If approved, this Variance would supersede Variance No. VA0827.
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, because it has no potential to have a significant effect on the
environment; and
3. Adopt Resolution No. PC2024-013, approving the Coastal Development Permit and the
Variance filed as PA2024-0013.
Deputy Community Development Director Murillo introduced Assistant Planner Tran and Principal
Civil Engineer Kevin Riley who represented Public Works.
Assistant Planner Tran used a presentation to review the project description, VE Flood Zone,
location, standards, design, variance request, site plan view, findings, pending Zoning Code (ZC)
and Local Coastal Program (LCP) amendment, and recommended action.
In response to Commissioner Barto’s question, Assistant Planner Tran stated that if the California
Coastal Commission (CCC) approves the amendment as written then the project will comply with
the amendments.
There were no ex parte communications among the Commissioners.
Chair Ellmore opened the public hearing.
Brion Jeannette, architect and applicant, stated he was available for questions and agreed with the
conditions of the approval.
Chair Ellmore closed the public hearing.
Motion made by Commissioner Barto and seconded by Commissioner Salene to approve the item
as recommended.
AYES: Barto, Ellmore, Harris, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: None
ABSENT: Rosene
ITEM NO. 3 PINE RESIDENCE (PA2022-0212)
Site Location: 3509 Seashore Drive
Summary:
A request for a coastal development permit to demolish an existing 2,219-square-foot duplex
and construct a new 2,548-square-foot 3-story single-unit dwelling with an attached 352-
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June 20, 2024
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square-foot two-car garage and 254-square-foot attached accessory dwelling unit (ADU) in
the VE Special Flood Hazard Area (VE Flood Zone). Additionally, the applicant requests a
variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct three
exterior entryway stairs that are approximately 9 feet in height (including steps and guardrails)
in the side yard setback. Within side yard setbacks, the NBMC restricts stairs, platforms, and
landings to 18 inches maximum from existing grade and fences, hedges, and walls (including
guardrails and handrails) to 6 feet maximum from existing grade.
Recommended Actions:
1. Conduct a public hearing;
2. Waive 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, because it has no potential to have a significant
effect on the environment; and
3. Adopt Resolution No. PC2024-0014, approving Coastal Development Permit and
Variance filed as PA2022-0212.
Assistant Planner Orozco used a presentation to review the project description, VE Flood Zone,
project location, project standards, project design – east elevation, variance request, site plan,
findings, and recommended action.
In response to Commissioner Barto’s question, Assistant Planner Orozco stated that the project
would comply with the pending amendments before the CCC as proposed.
In response to Commissioner Salene’s concerns for the encroachment impact to the adjacent
projects, Deputy Community Development Director Murillo relayed the project review process and
noted that the building and zoning codes do not consider adjacent structures and setbacks,
openings, and restrictions are measured to the property line. He stated that the nonconformity of the
adjacent structure is not taken into account.
There were no ex parte communications among the Commissioners.
Chair Ellmore opened the public hearing.
Eric Mossman, architect and applicant, was available for questions and agreed to the conditions of
approval as stated.
Chair Ellmore read a public comment from the Olson family who opposed the project.
Chair Ellmore closed the public hearing.
Secretary Harris commended staff for finding the best solutions that consider Federal Emergency
Management Agency (FEMA) guidelines and thought that taking someone’s right away to build
what they are allowed to build is not ok.
Motion made by Chair Ellmore and seconded by Secretary Harris to approve the item as
recommended.
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June 20, 2024
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AYES: Barto, Ellmore, Harris, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: None
ABSENT: Rosene
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION - None
ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED
ON A FUTURE AGENDA
Deputy Community Development Director Murillo stated that the first meeting in July is cancelled,
and the next Planning Commission meeting is scheduled for July 18.
Secretary Harris congratulated Deputy Community Development Director Murillo for his promotion
and thanked Chair Ellmore for his service.
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
Commissioners Lowrey and Barto requested an excused absence on August 8.
IX. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 6:22
p.m.
The agenda for the June 20, 2024, Planning Commission meeting was posted on Thursday, June 13,
2024, at 4:19 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, June 13, 2024,
at 3:44 p.m.
_______________________________
Curtis Ellmore, Chair
_______________________________
Tristan Harris, Secretary