Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 100 Civic Center Drive Thursday, May 18, 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 May 18, 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 MAY 4, 2023 Recommended Action: Approve and file Draft Minutes of May 4, 2023 1a_Draft Minutes of May 4, 2023_Mosher 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. AERONUTRONIC FORD SOIL VAPOR REMEDIATION APPEAL (PA2022-0180) Site Location: Near 94 Hartford Drive Summary: An appeal of the Zoning Administrator’s March 2, 2023, decision to approve a limited term permit for the construction and operation of a soil vapor extraction and treatment system. The project includes construction of a 20-foot wide by 12-foot deep by 10-foot high treatment system building, an underground pipe network of approximately 2,400 linear feet, and 13 extraction wells for soil gas remediation. The applicant is requesting a limited term permit to operate the soil vapor extraction and treatment system for a term of approximately 12 months. A limited term permit is requested to allow a 3.2-foot separation between the treatment system building and nearest residential structure where the required separation is 8 feet between buildings, and to allow the treatment system building to encroach into the 5-foot front setback. Recommended Action: 1. Conduct a de novo public hearing;  Planning Commission Meeting May 18, 2023 Page 3 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15330 under Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Water or Hazardous Substances), Section 15308 under Class 8 (Actions by Regulatory Agencies for Protection of the Environment), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-023 denying the appeal and upholding and affirming the Zoning Administrator’s Approval of a Limited Term Permit for a soil vapor extraction and treatment system filed as PA202-0180 (Attachment No. PC 1). ITEM NO. 2 STAFF REPORT Attachment No. PC 1 - Draft Resolution for Approval Attachment No. PC 2 - Appeal Form Attachment No. PC 3 - Applicant's Response to Appeal Attachment No. PC 4 - Adopted Zoning Administrator Resolution No. ZA2023-010 Attachment No. PC 5 - March 2, 2023, Zoning Administrator Minutes Attachment No. PC 6 - Acoustical Engineering Analysis and Addendum Attachment No. PC 7 - Alternative Locations Analysis Attachment No. PC 8 - Response to Comments and Public Outreach Overview Attachment No. PC 9 - Outreach to the One Ford Road Community Attachment No. PC 10 - Project Plans 2a_Additional Materials Received_Staff Memo_PA2022-0180 2b_Additional Materials Received_Staff Memo_PA2022-0180 2c_Additional Materials Received_various_PA2022-0180 2d_Additional Materials Received_various_PA2022-0180 3. 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 Golf 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  Planning Commission Meeting May 18, 2023 Page 4 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. None, this item has been removed from the agenda. ITEM NO 3 STAFF REPORT 3a_Additional Materials Received_Steffenhagen_PA2022-0201 3b_Additional Materials Received_Mahany_PA2022-0201 VIII. STAFF AND COMMISSIONER ITEMS 4. MOTION FOR RECONSIDERATION 5. REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA 6. REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT