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NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 3, 2024 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER – 6:00 p.m. II. PLEDGE OF ALLEGIANCE - Vice Chair Harris III. ROLL CALL PRESENT: Chair Mark Rosene, Vice Chair Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, and Commissioner Lee Lowrey ABSENT: Secretary David Salene and Commissioner Curtis Ellmore
Staff Present: Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Police Investigator Wendy Joe, Assistant Planner Oscar Orozco, Assistant Planner Daniel Kopshever,
Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS - None V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 5, 2024 Recommended Action: Approve and file Motion made by Commissioner Langford and seconded by Commissioner Barto to approve the
meeting minutes of September 5, 2024. AYES: Barto, Langford, Lowrey, and Rosene
NOES: None ABSTAIN: Harris ABSENT: Ellmore and Salene
VII. 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
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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. 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. Assistant Planner Orozco used a presentation to review the coastal development permit and variance for the Barnard residence, project location, VE flood zone, current Newport Beach Municipal Code (NBMC) Titles 20 and 21, pending zoning code and local coastal program amendment, project description and standards, project design – east elevation, variance request, key findings, and recommended action. In reply to Vice Chair Harris’ inquiry regarding the pending local coastal program amendment, Deputy Community Development Director Murillo thought a hearing date with the California
Coastal Commission (CCC) may be scheduled in March or April 2025. In reply to Chair Rosene’s inquiry regarding emergency access, Deputy Community
Development Director Murillo stated that the NBMC requires emergency access from the front to the rear and the use of the stairs is allowed.
The Commissioners reported having no ex parte communications. Chair Rosene opened the public hearing. Ron Ritner, project architect, made himself available for questions. In reply to Commissioner Langford’s question, Mr. Ritner stated that the stairs are required to be open design for water flow. Mr. Ritner stated that he has reviewed the conditions of approval and agrees.
Jim Mosher noted that Figure 2 is pointing to an inland property and questioned if the design will be compliant with the proposed revision or if it will require a modification or variance.
Assistant Planner Orozco noted that the project design will be compliant with the amendments to the local coastal program.
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Chair Rosene closed the public hearing.
Motion made by Vice Chair Harris and seconded by Commissioner Lowrey to approve the item as recommended.
AYES: Barto, Harris, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: Ellmore and Salene
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) pursuantto 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 theenvironment; and
3.Adopt Resolution No. PC2024-022, approving the Coastal Development Permit andVariance filed as PA2024-0121.
Commissioner Langford recused himself due to proximity to property owned by this employer.
Assistant Planner Kopshever used a presentation to review the coastal development permit and
variance for the Newport Home LLC residence, project location, VE flood zone, project description and standards, project design – east elevation, variance request, findings, and recommended actions.
The Commissioners reported having no ex parte communications.
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Chair Rosene opened the public hearing.
David Dilettoso, applicant and architect made himself available for questions and stated he agrees with the conditions of approval. Chair Rosene closed the public hearing. Motion made by Commissioner Barto and seconded by Vice Chair Harris to approve the item as recommended. AYES: Barto, Harris, Lowrey, and Rosene NOES: None ABSTAIN: Langford ABSENT: Ellmore and Salene ITEM NO. 4 CADE CAFÉ/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 café/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 café/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. Deputy Community Development Director Murillo used a presentation to review the conditional use permit and coastal development permit for the Cade Café/Wine Bar, proposed requests, vicinity map, overview of the Peninsula Village mixed use development, existing and proposed changes, and Cade Café/Wine Bar photo, proposed indoor floor plan and outdoor area. He also reviewed the parking
determination, parking management plan, key supportive findings, and recommendation. In reply to Commissioner Langford’s question, Deputy Community Development Director Murillo stated
that he anticipated the application of the pending code changes to parking standards would still result
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in this project requiring a parking waiver. Transportation Manager Sommers indicated that a parking management company will help the applicant remain compliant with Condition of Approval 48.
In reply to Chair Rosene, Deputy Community Development Director Murillo clarified that the intent of the approval is for docking of boats only and commercial use of a slip would not be permitted. The following ex parte communications were disclosed: Commissioner Barto and Chair Rosene spoke with a representative of the owner, Vice Chair Harris met with the applicant and walked the project, Commissioner Lowrey reported none, and Commissioner Langford spoke with the applicant. Chair Rosene opened the public hearing. Shawna Schaffner, applicant and CEO of CAA Planning utilized a presentation to review the project location, Peninsula Village, conditional use permit and coastal permit details, operating details of the Cade Café/Wine Bar, location, parking analysis, parking gate sensors for real time monitoring, and the impact of the NBMC parking code changes. She stated that the applicant has reviewed the conditions
of approval and agrees and requested action, including the revision to prohibit Saturday construction. Jim Mosher noted the missing word “less” on page 31 (fact two, sentence one) and the parking demands
created in fact three and fact four and suggested Condition of Approval 6A be clarified that commercial slip use is subject to additional permitting as per NBMC. Deputy Community Development Director Murillo relayed that the final version of the resolution will be reviewed for inconsistencies in the findings and the NBMC requires a Marine Activities Permit (MAP) for commercial use of the slips. Furthermore, he stated the Commission can add a specific condition related to commercial slip use. Chair Rosene closed the public hearing. Chair Rosene expressed interest in adding a condition restricting use of slips for commercial ventures.
Commissioner Langford thought the trolley and additional bicycle parking spots will support this project and liked the project.
Vice Chair Harris commended the applicant for their effort, the parking management plan, and the slip uses and supported the matter.
Motion made by Vice Chair Harris and seconded by Commissioner Langford to approve the item as amended. AYES: Barto, Harris, Langford, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: Ellmore and Salene VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None 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
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Deputy Community Development Director Murillo noted that no items are scheduled for the next October
meeting, so it was cancelled. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES - None IX. ADJOURNMENT – With no further discussion, Chair Rosene adjourned the meeting at 6:50 p.m. The agenda for the October 3, 2024, Planning Commission meeting was posted on Thursday, September 26, 2024, at 5:31 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, September 26, 2024, at 5:28 p.m. _______________________________ Mark Rosene, Chair _______________________________ David Salene, Secretary
Docusign Envelope ID: 87706750-F79F-490B-85A1-82DF790DD18E