Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA City Council Chambers - 100 Civic Center Drive Thursday, August 19, 2021 - 6:30 PM Planning Commission Members: Lee Lowrey, Chair Lauren Kleiman, Vice Chair Curtis Ellmore, Secretary Sarah Klaustermeier, Commissioner Peter Koetting, Commissioner Mark Rosene, Commissioner Erik Weigand, Commissioner Staff Members: Seimone Jurjis, Community Development Director Jim Campbell, Deputy Community Development Director Tony Brine, City Traffic Engineer Yolanda Summerhill, Assistant City Attorney Clarivel Rodriguez, Administrative Assistant NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's website at: http://www.newportbeachca.gov and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours.. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at 949-644-3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission’s agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded. Please Note: All mail or written communications (including email) from the public, residents, or applicants regarding an agenda item must be submitted by 5 p.m. on the business day immediately prior to the meeting. This allows time for the Planning Commission to adequately consider the submitted correspondence. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant of this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or lbrown@newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan, Zoning, and Local Coastal Program Amendments are automatically forwarded to the City Council for final action.  Planning Commission Meeting August 19, 2021 Page 2 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 1. MINUTES OF JULY 22, 2021 Recommended Action: Approve and file MINUTES OF JULY 22, 2021 1a_Additional Materials Received_Mosher_Draft minutes of 7-22-2021 2. AERIE COMMUNITY ASSOCIATION ENCROACHMENT (PA2021-166) Site Location: 101 Carnation Avenue Summary: The Applicant requests approval to retain non-compliant private improvements consisting of a 42-inch high wrought iron guardrail on top of a 40-inch maximum height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2 inches into the 50-foot wide Carnation Avenue public right-of-way. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations), because it has no significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain non-compliant private improvements including a 42-inch high wrought iron guardrail on top of a 40-inch maximum height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2 inches into the 50 -foot wide Carnation Avenue public right-of-way (“Project”), contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution No. PC2021-022 waiving City Council Policy L-6 and approving Encroachment Permit No. N2021-0322. ITEM NO. 2 STAFF REPORT 2a_Additional Materials Received_Robinson_PA2021-166  Planning Commission Meeting August 19, 2021 Page 3 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 3. CIRCLE HOOK ALCOHOL LICENSE UPGRADE (PA2021-107) Site Location: 3432 Via Oporto Summary: A request to amend and supersede an existing minor use permit that allows a restaurant with a Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage Control (ABC) license. Approval of the new Minor Use Permit would allow the restaurant to upgrade its ABC license to a Type 47 (On-Sale General - Eating Place). There are no late hours (after 11 p.m.) and no operational changes or physical alterations proposed as part of this project. Recommended Action: 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 none of the exceptions to the Class 1 exemption apply; and 3. Adopt Resolution No. PC2021-023 approving Minor Use Permit No. UP2021-020, which upon approval and implementation would supersede Resolution No. ZA2017-090. ITEM NO. 3 STAFF REPORT 4. RESIDENCES AT NEWPORT CENTER (PA2020-020) Site Location: 150 Newport Center Drive Summary: Development of a four-story, 28-unit condominium project on a 1.3-acre parcel located at the southwesterly corner of the intersection of Newport Center Drive and Anacapa Drive. The application includes; 1) a General Plan Amendment to change the site’s land use designation from Regional Commercial Office (CO-R) to Multiple Residential (RM) with a development limit of 28 units; 2) a Zoning Code Amendment and Planned Community Development Plan to change the site ’s zoning classification from Office Regional (OR) to Planned Community (PC) District and establish land uses and development standards for the Project site; 3) a Site Development Review and Tentative Tract Map application for the development of the four-story condominium building; 4) a Development Agreement that would provide vested rights to develop the project to the applicant and provide public benefits to the community; and 5) the rescinding of Use Permit No. UP1461 for the existing car wash currently operating at the site that will be demolished. Recommended Action: 1. Conduct a public hearing; 2. Adopt Resolution No. PC2021-024 recommending the City Council approve the project and : Certify Environmental Impact Report No. ER2021-002 (SCH No. 2020110087); Approve Mitigation  Planning Commission Meeting August 19, 2021 Page 4 Monitoring and Reporting Program, General Plan Amendment No. GP2020-001, Zoning Code Amendment No. CA2020-008; Planned Community Development Plan No. PC2020-001, Major Site Development Review No. SD2020-001, Tentative Tract Map No. NT2020-001 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2020-001; and Rescind Use Permit No. UP1461. ITEM NO. 4 STAFF REPORT 5. PACIFICA CHRISTIAN GENERAL PLAN AND ZONING CODE AMENDMENTS (PA2021-068) Site Location: 1499 Monrovia Avenue Summary: Amendments to the General Plan and Zoning Code to change the land use designation from Multiple Unit Residential (RM 18 DU/AC) to Private Institution (PI 0.49 FAR); and change the zoning district designation from Multiple Unit Residential (RM 2420/3100) to Private Institution (PI 0.49 FAR). The amendments were initiated by the property owner who seeks to utilize the existing office building as a private high school, subject to a future use permit. Recommended Action: 1. Conduct a public hearing; 2. Find this project not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 3. Adopt Resolution No. PC2021-025 recommending the City Council approve General Plan Amendment No. GP2021-002 and Code Amendment No. CA2021-003. ITEM NO. 5 STAFF REPORT 5a_Additional Materials Received from Staff_PA2021-068 5b_Additional Materials Received_Kraus_PA2021-068 5c_Additional Materials Received_Read_PA2021-068 5d_Additional Materials Received_Various_PA2021-068 VIII. STAFF AND COMMISSIONER ITEMS 6. MOTION FOR RECONSIDERATION 7. REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. 7.0_PC AGENDA 8. REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT