Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA City Council Chambers - 100 Civic Center Drive Thursday, March 17, 2022 - 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: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send them by electronic mail directly to Commissioners at planningcommissioners@newportbeachca.gov. Each Commissioner and staff will receive your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission. 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 March 17, 2022 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 FEBRUARY 17, 2022 Recommended Action: Approve and file DRAFT MINUTES OF FEBRUARY 17, 2022 1a_Additional Materials Received_Mosher_Draft Minutes of February 17, 2022 2. AMS TRUST ENCROACHMENT (PA2022-007) Site Location: 207 Evening Canyon Road Summary: A request to waive City Council Policy L-6 to retain existing non-compliant improvements within the Evening Canyon Road public right-of-way with a maximum height of 38-inches including site walls, stairs on grade, and handrails that encroach up to 7 feet into the 50-foot-wide public right-of-way and taller than 3-feet in height at the Property. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 and Section 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing non-compliant private improvements within the Evening Canyon Road public right-of-way consisting of site walls, stairs on-grade and handrails that encroach in excess of 1 foot into the 50-foot-wide Evening Canyon Road public right-of-way and taller than 3-feet in height, contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution No. PC2022-004 waiving City Council Policy L-6 and approving Encroachment Permit No. N2021-0580.  Planning Commission Meeting March 17, 2022 Page 3 ITEM NO. 2 STAFF REPORT 3. BARKER ENCROACHMENT (PA2022-031) Site Location: 401 Catalina Drive Summary: A request to waive City Council Policy L-6 to retain maximum 5-foot-high existing non-compliant improvements within the Catalina Drive public right-of-way including retaining walls, stairs on grade, handrails, planters and loose rock that encroach up to 6-feet into the 50-foot-wide public right-of-way at the Property (“Project”). The Catalina Drive parkway within the public right-of-way is approximately seven (7) feet from face of curb to the property line. City Council Policy L-6 (“Policy”) prohibits the proposed structures are limited to a one (1)-foot projection into the right-of-way. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures), because it has no significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing non-compliant private improvements within the Catalina Drive public right-of-way consisting of retaining walls , stairs on-grade, handrails, and planters that encroach in excess of 1-foot into the 50-foot wide Catalina Drive public right-of-way, or taller than 36-inches in height, and also loose rock on the parkway walkway surface, contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution No. PC2022-005 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0055. ITEM NO. 3 STAFF REPORT VII. PUBLIC HEARING ITEM(S) 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 4. RESIDENTIAL CARE FACILITIES ORDINANCE UPDATE (PA2021-292) Site Location: Citywide Summary:  Planning Commission Meeting March 17, 2022 Page 4 Amendments to various Sections of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to standardize application requirements for residential care facilities that are subject to city permitting as well as establishing standard conditions of approval and updating definitions. Recommended Action: 1. Conduct a public hearing; 2. Find this project categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1), which exempts local governments from the requirements of CEQA in connection with the adoption of a Local Coastal Program; 3. Adopt Resolution No. PC2022-06, recommending the City Council approve Zoning Code Amendment No. CA2021-006 updating standards related to residential care facilities; and 4. Adopt Resolution No. PC2022-07, recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2021-005 to the California Coastal Commission. ITEM NO. 4 STAFF REPORT 4a_Additional Materials Received_Curran_PA2021-292 4b_Additional Materials Received_Lyon_PA2021-292 VIII. NEW BUSINESS 5. ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195) Site Location: Citywide Summary: Annual progress report on the status and implementation of the General Plan and Housing Element as required by State law and General Plan Implementation Program 1.3. Recommended Action: 1. Find the preparation, review and submission of the 2021 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2021 General Plan Progress Report, including the Housing Element Annual Progress Report; and  Planning Commission Meeting March 17, 2022 Page 5 3. Recommend the City Council review and authorize the submittal of the 2021 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. ITEM NO. 5 STAFF REPORT IX. 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 PC AGENDA 8. REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT