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Home My WebLink About15 - Planning Commission Agenda and Action Report for October 3, 2024SEW P0_ u ram-_ r c q<� Fo FzN�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 8, 2024 Agenda Item No. 15 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, Deputy Community Development Director - 949-644- 3209, jmurillo@newportbeachca.gov TITLE: Planning Commission Agenda Report for October 3, 2024 CONSENT ITEMS: ITEM NO. 1 SUMMARY ACTION: MINUTES OF SEPTEMBER 5, 2024 Draft minutes from the September 5, 2024, meeting of the Planning Commission. The Planning Commission approved the minutes by the following vote: AYES: Barto, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore and Salene ABSTAIN: Harris Approved PUBLIC HEARING ITEMS: ITEM NO. 2 BARNARD RESIDENCE (PA2023-0018) Site Location: 3907 Seashore Drive SUMMARY: A request for a coastal development permit to demolish an existing two -unit dwelling and construct a new 2,318-square-foot, three story, two -unit dwelling with an attached 444-square-foot two -car garage and two carport spaces 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 entry stairs, one within the front and side setbacks facing West Ocean Front and two entirely within interior side setbacks. The front stairs are approximately 5 feet, 4 inches in height, measured to the highest guardrail and the side stairs are approximately 7 feet, 9 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested. 15-1 Planning Commission Agenda Report for October 3, 2024 October 8, 2024 Page 2 The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Harris, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore and Salene RECUSED: None ACTION: Approved as recommended ITEM NO. 3 NEWPORT BEACH HOMES, LLC RESIDENCE (PA2024-0121) Site Location: 3202 West Ocean Front SUMMARY: A request for a coastal development permit to demolish an existing single -unit dwelling and construct a new 2,634-square-foot, three-story, single -unit dwelling with an attached 376-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, one within the front and side setbacks facing West Ocean Front, and one entirely within the interior side setback. The front stairs are approximately 6 feet, 10 inches in height, measured to the highest guardrail and the side stairs are approximately 9 feet 2 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts the height of stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested. The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Harris, Lowrey, and Rosene NOES: None ABSENT: Ellmore and Salene RECUSED: Langford ACTION: Approved as recommended ITEM NO.4 CADE CAFE/WINE BAR (PA2024-0074) Site Location: 2300 Newport Boulevard, McFadden Square Area, Balboa Peninsula SUMMARY: A Conditional Use Permit and Coastal Development Permit to allow a 932-square- foot cafe/wine bar with a 368-square-foot outdoor dining patio to operate with Alcoholic Beverage Control (ABC) Type 41 (On -Sale Beer & Wine — Bona Fide Eating Place) License at Peninsula Village mixed -use development. The proposed hours of operation would be from 7:00 AM to 10:00 PM, daily. The request also includes a 23- space parking reduction with a parking management plan pursuant to Sections 20.40.110 and 21.40.110 of the Newport Beach Municipal Code (NBMC), for changes in parking demand associated with the proposed cafe/wine bar and allowable usage of boat slips within the existing marina to be available for lease to the general public, and to residential and commercial tenants of the property. 15-2 Planning Commission Agenda Report for October 3, 2024 October 8, 2024 Page 3 The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Barto, Harris, Langford, Lowrey and Rosene NOES: None ABSENT: Ellmore and Salene RECUSED: None ACTION: Approved as recommended 15-3 PO�,T ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Proiect title Activity October 2 - GPAC Meeting October 3 - Planning Commission Meeting 1 Barnard Residence Public Hearing 2 Cade Cafe CUP/CDP Public Hearing 3 Newport Home LLC Public Hearing Residence October 08 - City Council Meeting 1 Ground Lease Palm Street Consent Parking Lot 2 In -Lieu Park Dedication Public Hearing Fees 3 Lower Castaways Study Session 4 Nonconforming Uses & 2nd Reading Structures LCP Amendment 5 Uptown Newport Public Hearing Development Agreement 2nd Amendment Address Plan # Staff Assigned Status District 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 1 200 PALM ST RP2024-0008 Lauren Wooding District 1 1 CITYWIDE PROJECT 100 DOVER DR 1 CITYWIDE PROJECT RP2024-0009 Lauren Wooding PA2024-0138 Benjamin Zdeba PA2022-076 Joselyn Perez 4311 JAMBOREE ROAD PA2024-0078 Rosalinh Ung District 5 MORE INFO District 3 MORE INFO District 5 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 10/1/2024 15-4 PO ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Proiect title Activity October 09 California Coastal Commission 1 Post LCP Certification Mar Per Coastal Commissions Request to Revision -Add Notes add notes to the map October 10 - Zoning Administrator Meeting 1 604 Narcissus LLC, (non -hearing item) Residential Condominiums 2 Coordinated Sign Program Public Hearing and Modification Permit 3 Restoration Hardware Type Public Hearing 47 License October 16 - GPUSC Meeting October 17 - Planning Commission Meeting Address 1 CITYWIDE PROJECT 604 NARCISSUS AVE Plan # Staff Assigned Status District PA2024-0181 Dan Campagnolo MORE INFO District 5 PA2024-0133 Laura Rodriguez 365 OLD NEWPORT BLVD, A PA2024-0046 Laura Rodriguez 1101 NEWPORT CENTER DR PA2024-0058 Laura Rodriguez MORE INFO District 6 MORE INFO District 2 MORE INFO District 5 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 10/1/2024 15-5 PO�,T ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Proiect title Activity October 22 - City Council Meeting 1 Bay Island LCP Consent- Introduction AMENDMENT 2 Development Impact Fee Public Hearing Study 3 Hanna Residences Land Consent- Introduction Use Change 4 LCP Amendment Related Public Hearing to ADUs 5 Placeworks Coyote Consent Canyon IS/MND Contract Amendment 6 Uptown Newport Consent- 2nd Reading Development Agreement 2nd Amendment October 24 - Zoning Administrator Meeting 1 MDXL L.L.C. Residence Public Hearing November 07 - Planning Commission Meeting Address 23 BAY ISLAND 1 CITYWIDE PROJECT 3014 BALBOA BLVD 1 CITYWIDE PROJECT Plan # Staff Assigned Status District PA2022-087 Jenny Tran PA2021-127 Liz Westmoreland PA2020-060 David Lee PA2021-113 Jaime Murillo 20662 NEWPORT COAST DR PA2022-063 Joselyn Perez 4311 JAMBOREE ROAD PA2024-0078 Rosalinh Ung 1540 OCEAN FRONT E PA2024-0142 Oscar Orozco MORE INFO District 1 MORE INFO Citywide MORE INFO District 1 MORE INFO District 5 MORE INFO District 7 MORE INFO District 3 MORE INFO 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 10/1/2024 15-6 PO ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Proiect title Activity November 12 - City Council Meeting 1 Bay Island LCP Consent- 2nd Reading AMENDMENT 2 Development Impact Fee Consent- 2nd Reading Study 3 Hanna Residences Land Consent- 2nd Reading Use Change 4 LCP Amendment Related Consent- 2nd Reading to ADUs November 14 - Zoning Administrator Meeting November 19 - City Council Meeting November 21 - Planning Commission Meeting November 27 - Zoning Administrator Meeting Address 23 BAY ISLAND 1 CITYWIDE PROJECT 3014 BALBOA BLVD 1 CITYWIDE PROJECT Plan # Staff Assigned Status District PA2022-087 Jenny Tran PA2021-127 Liz Westmoreland PA2020-060 David Lee PA2021-113 Jaime Murillo MORE INFO District 1 MORE INFO Citywide MORE INFO District 1 MORE INFO District 5 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 10/1/2024 15-7 PO ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Proiect title Activity December 05 - Planning Commission Meeting 1 Five Crowns Outdoor Public Hearing - Appeal Dining CDP and LTP December 10 - City Council Meeting December 12 - Zoning Administrator Meeting December 19 - Planning Commission Meeting Address 3801 COAST HWY E Plan # Staff Assigned PA2023-0202 Melinda Whelan Status District 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 5 of 8 10/1/2024 15-8 PO ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Proiect title Activity Address Plan # Staff Assigned Status District Hearing Date to be Determined 1 Cappy's Cafe CDP/MUP 5930 COAST HWY W PA2023-0191 Jenny Tran MORE INFO District 1 2 Lido House Hotel Consent - LCPA Effectiveness 3300 NEWPORT BLVD PA2020-068 Benjamin Zdeba MORE INFO District 1 Expansion 3 Santa's Garden Christmas (non -hearing item) 1131 BACK BAY DR PA2024-0168 Laura Rodriguez MORE INFO District 4 Tree Lot 4 Santiniello Residence CDF 1206 BLUE GUM LN PA2024-0014 Laura Rodriguez MORE INFO District 3 5 Saunders Self Storage 3848 CAMPUS DR PA2023-0145 Liz Westmoreland MORE INFO District 3 6 Schwartz Residence Public Hearing 2050 OCEAN FRONT E PA2024-0059 Melinda Whelan MORE INFO District 1 7 Snow Residence 400 40TH ST PA2023-0147 Jerry Arregui MORE INFO District 1 Condominiums TPM/CDP/Conversion 8 Tracy Residence Variance 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 10/1/2024 15-9 PO ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 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 10/1/2024 15-10 PO ° % City of Newport Beach x Tentative Agenda Report - 09/28/2024 to 01/01/2025 cq<r r=o RNs- Planner Contact Information Name & Title Benjamin Zdeba, Planninq Manager Dan Campaqnolo, Systems and Administration Manager Daniel Kopshever, Assistant Planner David Blumenthal, Contract Planner David Lee, Senior Planner Jaime Murillo, Deputy CDD Director James Sommers, City Traffic Enqineer Jenny Tran, Associate Planner Jerry Arrequi, Assistant Planner Joselyn Perez, Planner, Senior Kyle Benalcazar, Planninq Technician Laura Rodriquez, Planninq Technician Lauren Woodinq, Real Property Administrator Liz Westmoreland, Senior Planner Melinda Whelan, Assistant Planner Oscar Orozco, Assistant Planner Rosalinh Unq, Principal Planner (PT) Seimone Jurjis, Assistant ACM/CDD Director Tonee Thai, Deputy CDD Director & Buildinq Official Phone Email 949-644-3253 bzdeba@newportbeachca.gov 949-644-3231 dcampagnolo@newportbeachca.gov 949-644-3235 dkopshever@newportbeachca.gov dblumenthal@newportbeachca.gov 949-644-3225 dlee@newportbeachca.gov 949-644-3209 jmurillo@newportbeachca.gov 949-644-3326 bsommers@newportbeachca.gov 949-644-3212 jtran@newportbeachca.gov 949-644-3249 jarregui@newportbeachca.gov 949-644-3312 jperez@newportbeachca.gov kbenalcazar@newportbeachca.gov 949-644-3216 Irodriguez@newportbeachca.gov 949-644-3236 Iwooding@newportbeachca.gov 949-644-3234 Westmoreland@newportbeachca.gov 949-644-3221 mwhelan@newportbeachca.gov 949-644-3219 oorozco@newportbeachca.gov 949-644-3208 rung@newportbeachca.gov 949-644-3282 sjurjis@newportbeachca.gov 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 10/1/2024 15-11 October 8, 2024 Agenda Item No. 15 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 3, 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. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 5, 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 BARNARD RESIDENCE (PA2023-0018) Site Location: 3907 Seashore Drive Summary: A request for a coastal development permit to demolish an existing two -unit dwelling and construct a new 2,318-square-foot, three story, two -unit dwelling with an attached 444- square-foot two -car garage and two carport spaces 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 entry stairs, one within the front and side setbacks facing West Ocean Front and two entirely within interior side setbacks. The front stairs are approximately 5 feet, 4 inches in height, measured to the highest guardrail and the side stairs are approximately 7 feet, 9 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested. 1 of 3 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. PC2024-021, approving the Coastal Development Permit and Variance filed as PA2023-0018. ITEM NO. 3 NEWPORT BEACH HOMES, LLC RESIDENCE (PA2024-0121) Site Location: 3203 West Ocean Front Summary: A request for a coastal development permit to demolish an existing single -unit dwelling and construct a new 2,634-square-foot, three-story, single -unit dwelling with an attached 376- 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, one within the front and side setbacks facing West Ocean Front, and one entirely within the interior side setback. The front stairs are approximately 6 feet, 10 inches in height, measured to the highest guardrail and the side stairs are approximately 9 feet 2 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts the height of stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested. 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. PC2024-022, approving the Coastal Development Permit and Variance filed as PA2024-0121. 2 of 3 ITEM NO. 4 CADE CAFE/WINE BAR (PA2024-0074) Site Location: 2300 Newport Boulevard, McFadden Square Area, Balboa Peninsula Summary: A Conditional Use Permit and Coastal Development Permit to allow a 932-square-foot cafe/wine bar with a 368-square-foot outdoor dining patio to operate with Alcoholic Beverage Control (ABC) Type 41 (On -Sale Beer & Wine — Bona Fide Eating Place) License at Peninsula Village mixed -use development. The proposed hours of operation would be from 7:00 AM to 10:00 PM, daily. The request also includes a 23-space parking reduction with a parking management plan pursuant to Sections 20.40.110 and 21.40.110 of the Newport Beach Municipal Code (NBMC), for changes in parking demand associated with the proposed cafe/wine bar and allowable usage of boat slips within the existing marina to be available for lease to the general public and commercial tenants of the property. Recommended Actions: 1. Conduct a public hearing; 2. Find this project 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. PC2024-023, approving Conditional Use Permit and Coastal Development Permit pursuant to PA2024-0074. Vill. 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