Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 100 Civic Center Drive Thursday, February 23, 2023 - 6:30 PM Planning Commission Members: Curtis Ellmore, Chair Mark Rosene, Vice Chair Sarah Klaustermeier, Secretary Tristan Harris, Commissioner Lee Lowrey, Commissioner Vacant, Commissioner Vacant, Commissioner Staff Members: Seimone Jurjis, Community Development Director Jim Campbell, Deputy Community Development Director Brad Sommers, 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. Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. 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 Clarivel Rodriguez in the Community Development Department prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3232 or crodriguez@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 February 23, 2023 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 JANUARY 19, 2023 Recommended Action: Approve and file Draft Minutes of January 19, 2023 1a_Additional Materials Received_Mosher_Draft Minutes of January 19, 2023 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 2. THOMAS RESIDENCE (PA2022-0172) Site Location: 700 West Ocean Front Summary: A coastal development permit to demolish an existing single-family residence and construct a new 2,748-square-foot three (3)-story single-family residence with an attached 532-square-foot two (2)-car garage. Additionally, the applicant requests a variance to deviate from the following development standards of the Newport Beach Municipal Code: 1. Rear Setback: Request for the first and second floor to encroach six (6) feet into the required 10-foot rear setback and for the third-floor open deck and mechanical well to encroach 3 feet, 9 inches into the rear setback; 2. Third-Floor Stepback: Request to encroach six (6) feet into the required 15-foot third-floor stepback, which is measured from the required 10-foot rear setback line; and 3. Floor Area: Request to increase the allowed gross floor area to 3,280, where the maximum floor area limit is 3,128 square feet.  Planning Commission Meeting February 23, 2023 Page 3 Recommended Action: 1. Conduct a public hearing; and 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 the exceptions to the class 3 exemption do not apply; and 3. Adopt Resolution PC2023-008 approving PA2022-0172 for a variance and coastal development permit to demolish an existing single-family residence and construct a new single-family residence. ITEM NO. 2 STAFF REPORT 2a_Additional Materials Received_Staff Memo_PA2022-0172 3. SIT MEANS SIT FOR DOGS COMMERCIAL KENNEL (PA2022-132) Site Location: 1662 Orchard Drive Summary: A conditional use permit to establish an accessory commercial kennel operation in conjunction with an existing single-family residence. The project includes construction of a new 1,000-square-foot garage and storage structure; an approximately 833-square-foot kennel structure including 16 kennels, exterior grass training area, grooming space, food preparation area, and restroom; and a new parking area with three uncovered parking spaces including one accessible space. The project includes a lot merger of two contiguous lots, 1662 Orchard Drive and the unaddressed adjacent parcel (APN 439 251 10). Recommended Action: 1. Conduct a public hearing; and 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) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution PC2023-009 approving PA2022-132 for a conditional use permit and lot merger to establish a residential kennel. ITEM NO. 3 STAFF REPORT 3a_Additional Materials Received_Various_PA2022-132 4. FLETCHER JONES AIRPORT SHUTTLE AND CAR WASH (PA2022-128) Site Location: 2172, 2192, and 2222 South Bristol Street  Planning Commission Meeting February 23, 2023 Page 4 Summary: A conditional use permit and lot merger to renovate the existing Fletcher Jones Motorcars airport shuttle facility and carwash facility. The project would replace an existing open car wash with a 4,293-square-foot enclosed car wash and outdoor detailing bays and other site modifications. The project also requires the approval of a lot merger to combine three parcels into a single building site. If approved and implemented, Planning Director’s Use Permit No. UP2005-009 (PA2005-037) would be superseded. Recommended Action: 1. Conduct a public hearing; and 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15315 Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution PC2023-010 approving PA2022-128 approving the Lot Merger and Conditional Use Permit. ITEM NO. 4 STAFF REPORT 5. BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT PLAN (PM-1) IMPLEMENTATION (PA2017-046) Site Location: Balboa Village, generally between Adams Street and A Street on the Balboa Peninsula Summary: A coastal development permit to implement the City’s Balboa Village Parking Management Overlay District Plan (PM-1), which was approved by the California Coastal Commission on September 9, 2020, and subsequently adopted by City Council on February 9, 2021. If approved, the PM-1 would primarily preserve existing off-street parking, eliminate required off-street parking for most commercial uses, allow parking reductions with a shared parking arrangement, and provide guidance for efficient use of the existing parking supply within Balboa Village. Recommended Action: 1.Conduct a public hearing; and 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) and statutorily exempt under Sections 15262 and 15265 of the CEQA Guidelines, because it has not potential to have a significant effect on the environment; and  Planning Commission Meeting February 23, 2023 Page 5 3. Adopt Resolution PC2023-011 approving the Coastal Development Permit filed as PA2017-046. ITEM NO. 5 STAFF REPORT 5a_Additional Material Received_Mosher_PA0217-046 VIII. DISCUSSION ITEMS 6. FRACTIONAL HOMEOWNERSHIP (PA2022-0202) Summary: A discussion of potential regulation of fractional homeownership. Recommended Action: Receive a presentation of the Planning Commission ad-hoc committee on fractional homeownership and provide a recommendation to the City Council. ITEM NO. 6 STAFF REPORT 6a_Additional Materials Received_Mosher_PA2022-0202 6b_Additional Materials Received_Various_PA2022-0202 6c_Additional Materials Received_Various_PA2022-0202 6d_Additional Materials Received_Various_PA2022-0202 7. APPEAL FEE DISCUSSION Summary: A discussion of planning application appeal fees and a recommendation to the Finance Committee and City Council. Recommended Action: 1. Find any recommendation to the City Council regarding planning application appeal fees is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(C)(3) (the activity is not a project as defined in Section 15378) 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 2. Recommend the City Council modify the Chapter 3.36 of the Newport Beach Municipal Code to refund appeal fees for successful planning application appeals. ITEM NO. 7 STAFF REPORT IX. STAFF AND COMMISSIONER ITEMS  Planning Commission Meeting February 23, 2023 Page 6 8. MOTION FOR RECONSIDERATION 9. REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA PC AGENDA 10. REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT