Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 100 Civic Center Drive Thursday, April 20, 2023 - 6:30 PM Planning Commission Members: Curtis Ellmore, Chair Mark Rosene, Vice Chair Sarah Klaustermeier, Secretary Brady Barto, Commissioner Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey, 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 April 20, 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 MARCH 23, 2023 Recommended Action: Approve and file Draft Minutes of March 23, 2023 1a_Additional Material Received_Mosher_Draft Minutes of March 23, 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. KALAVERAS RESTAURANT (PA2022-0263) Site Location: 900 North Bristol Street Summary: A request for a conditional use permit to make up to 940 square feet of the temporary outdoor dining patio permanent. The applicant also requests to expand the licensed premises of the existing Type 47 (On-Sale General - Eating Place) Alcohol Beverage Control (ABC) License to include the outdoor dining patio and to increase the hours of operation to between 10 a.m. to 2 a.m., daily. No live entertainment or dancing is requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Minor Use Permit No. UP2017-009. 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) and Section 15303  Planning Commission Meeting April 20, 2023 Page 3 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. PC2023-016 approving Planning Activity PA2022-0263 for a Conditional Use Permit to expand an existing eating and drinking establishment. Item No. 2 Staff Report Attachment 1 - Draft Resolutions with Findings Attachment 2 - Applicant's Project Description Attachment 3 - Police Department Memorandum Attachment 4 - Project Plans 2a_Additional Materials Received_Woloson_PA2022-0263 3. FRACTIONAL OWNERSHIP CODE AND LCP AMENDMENT (PA2022-0202) Site Locations: Citywide Summary: Amendments to Sections 20.48.220 (Time Share Facilities) and 20.70.020 (Definitions of Specialized Terms and Phrases) of Title 20 (Planning and Zoning Code) of the Newport Beach Municipal Code (NBMC), and to Sections 21.48.025 (Visitor Accommodations) and 21.70.020 (Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The proposed amendments would modify the definition of time shares to clearly include fractional homeownership units. As a time share use, fractional ownership would be prohibited in all residential zoning districts and only allowed in certain commercial and mixed-use zoning districts subject to existing time share regulations. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines, because it would not result in a direct or reasonably foreseeable indirect physical change in the environment; 3. Adopt Resolution No. PC2023-017 recommending the City Council adoption of a Code Amendment thereby to Section 20.48.220 (Time Share Facilities) and Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the Newport Beach Municipal Code related to time shares (PA2022-0202); and 4. Adopt Resolution No. PC2023-018 recommending the City Council authorize submittal of a Local Plan Amendment to the California Coastal Commission requesting to amend Sections 21.28.025 (Visitor Accommodations) and 21.70.020 (Definitions of Specialized Terms and Phrases) of the Newport Beach Municipal Code related to time shares (PA2022-0202).  Planning Commission Meeting April 20, 2023 Page 4 Item No. 3 Staff Report Attachment 1 - Draft Resolution for Zoning Code Amendment Attachment 2 - Draft Resolution for LCP Amendment Attachment 3 - November 16, 2021, City Council Study Session Minutes Attachment 4 - September 13, 2022, City Council Study Session Minutes Attachment 5 - September 27, 2022, City Council Meeting Minutes Attachment 6 - October 6, 2022, Planning Commission Study Session Minutes Attachment 7 - October 20, 2022, Planning Commission Meeting Minutes Attachment 8 - February 23, 2023, Planning Commission Meeting Minutes Attachment 9 - March 14, 2023, City Council Meeting Minutes Attachment 10 - Proposed Code Text Changes (Redlined) 3a_Additional Materials Received_Oberman_PA2022-0202 3b_Additional Materials Received_Various_PA2022-0202 3c_Additional Materials Received_Cotton_PA2022-0202 4. NONRESIDENTIAL PARKING CODE AMENDMENTS (PA2021-104) Site Locations: Citywide Summary: Consistent with the City Council’s initiation on January 26, 2021, the proposed amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) serve to simplify and modernize some of the City’s parking regulations. The proposed changes include the following: · Allowing the Community Development Director to reduce off-street parking requirements by up to 20 percent when acceptable evidence is provided; · Allowing a reduction in off-street parking requirements when bicycle parking is provided in areas with a demonstrated demand; · Allowing a reduction in off-street parking requirements when a designated ride-share (e.g., Uber and Lyft) space is provided; · Altering the food service, eating and drinking establishment parking requirements to remove the consideration of “net public area”; and · Replacing the “take-out service, limited” land use definition with “take-out service-fast-casual” allowing up to 20 seats. Recommended Action: 1. Conduct a public hearing; 2. Find this action is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). Further find this action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the  Planning Commission Meeting April 20, 2023 Page 5 general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; 3. Adopt Resolution No. PC2023-019 recommending the City Council approve the Zoning Code Amendment modifying regulations pertaining to nonresidential parking; and 4. Adopt Resolution No. PC2023-020 recommending the City Council authorize staff to submit the Local Coastal Program Amendment to the California Coastal Commission. Item No. 4 Staff Report Attachment 1 - Draft Resolution for Zoning Code Amendment Attachment 2 - Draft Resolution for LCP Amendment to CC Attachment 3 - Redline-Strikeout Changes Attachment 4 - City Council Resolution No. 2021-121 Attachment 5 - Nelson/Nygaard Memos 5. HOUSING ELEMENT IMPLEMENTATION, NOISE-RELATED AMENDMENTS (PA2022-0201) Site Locations: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Gold Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. Summary: Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour areas specified by the 2008 John Wayne Airport Environs Land Use Plan, and as illustrated in the attached Noise Contours and Housing Opportunity Sites Map. Recommended Action: 1. Conduct a public hearing; 2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense exemption because they would not result in physical environment impacts; and 3. Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise Amendment to the City Council (PA2022-0201).  Planning Commission Meeting April 20, 2023 Page 6 Item No. 5 Staff Report Attachment 1 - Draft Planning Commission Resolution Attachment 2 - April 6, 2023, Planning Commission Staff Report and Attachments 5a_Additional Materials Received_Mosher_PA2022-0201 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