Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 100 Civic Center Drive Thursday, June 22, 2023 - 6:00 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 June 22, 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 18, 2023 Recommended Action: Approve and file Draft Minutes of May 18, 2023 1a_Additional Materials Received_Mosher_Draft Minutes of May 18, 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. 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:  Planning Commission Meeting June 22, 2023 Page 3 1. Conduct a de novo public hearing; 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. 1 - Draft Resolution Attachment No. 2 - PC Staff Report from May 18, 2023 Attachment No. 3 - Draft Minutes of May 18, 2023 Attachment No. 4 - Revised Treatment System Building Plans Attachment No. 5 - Response to Comments date June 8, 2023 Attachment No. 6 - Public Correspondence 2a_Additional Materials Received before Posting Agenda_Various_PA2022-0180 2b_Additional Materials Received_Copeland_PA2022-0180 2c_Additional Materials Received_Various_PA2022-0180 2d_Additional Materials Received_PA2022-0180 3. MILLER RESIDENCE (PA2023-0017) Site Location: 22 Bay Island Summary: A coastal development permit (CDP) to allow the demolition of an existing single-unit dwelling and the construction of a new, 4,566-square-foot, three (3)-story single-unit dwelling, adjustment to the off-street parking requirements with a parking management plan, and an increase to the allowed building height to 28 feet for flat portions of the roof and 33 feet for the sloped portions of the roof in accordance with Use Permit No. UP3618. The design includes hardscape, drainage facilities, and landscaping. With approval of the height allowance, the project complies with all applicable development standards. Recommended Action: 1. Conduct a public hearing; 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  Planning Commission Meeting June 22, 2023 Page 4 Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-024 approving a Coastal Development Permit for the demolition and reconstruction of a single-unit dwelling (PA2023-0017). Item No. 3 Staff Report Attachment No. 1 - Draft Resolution Attachment No. 2 - Resolution No. 23 Adopting Use Permit No. UP3618 Attachment No. 3 - 501 West Bay Ave Parking Structure Floor Plan Attachment No. 4 - Bay Island Notice of Board Decision Attachment No. 5 - Project Plans 3a_Additional Materials Received_Kahan_PA2023-0017 3b_Additional Materials Received_Various_PA2023-0017 4. NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0082) Site Location: Generally bounded by MacArthur Boulevard, Jamboree Road, Birch Street and Bristol Street North Summary: An amendment to Newport Place Planned Community Development Plan (PC-11) to change the minimum affordable housing percentage of the Residential Overlay from thirty percent (30%) to fifteen percent (15%). Recommended Action: 1. Conduct a public hearing; 2. Find this Amendment is not subject to the California Environmental Quality Act (“CEQA”) under 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; and 3. Adopt Resolution No. PC2023-025 recommending approval of a Planned Community Development Plan Amendment to modify the minimum inclusionary affordable housing percentage to the City Council (PA2023-0082) (Attachment No. PC 1). Item No. 4 Staff Report Attachment No. 1 - Draft Resolution Attachment No. 2 - City Council Resolution NO. 2023-25 4a_Additonal Materials Recived_Mosher_PA2023-0082 5. NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0071)  Planning Commission Meeting June 22, 2023 Page 5 Site Location: 1550 Avocado Avenue at the corner of Avocado Avenue and San Joaquin Hills Road Summary: Consistent with the City Council’s initiation on April 25, 2023, the proposed amendment to the Newport Village Planned Community (PC-27) Development Plan would add “recreational facilities” as an allowed use within the area designated as Area 1. Area 1 encompasses the 2.43-acre property at the corner of Avocado Avenue and San Joaquin Hills Road that is developed with the Orange County Transportation Authority (OCTA) transit facility and surface parking lot. Recommended Action: 1. Conduct a public hearing; 2. Find the amendment is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 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). The proposed action is also exempt pursuant to CEQA Guidelines 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 3. Adopt Resolution No. PC2023-026 (Attachment No. PC 1) recommending the City Council approve a Planned Community Development Plan Amendment allowing recreational facilities in Area 1 of the Newport Village Planned Community. Item No. 5 Staff Report Attachment No. 1 - Draft Resolution Attachment No. 2 - City Council Resolution No. 2023-24 Attachment No. 3 - Redline Strikeout Version of Amendment 5a_Additional Materials Received_Mosher_PA2023-0071 VIII. DISCUSSION ITEMS 6. NEW VISITOR-SERVING ACCOMMODATIONS MU-W2 AND MU-CV/15TH ST Site Location: Various properties located in Lido Village, Cannery Village, McFadden Square and mixed-use areas on 15th Street, Agate Avenue, and Marine Avenue Summary: At City Council’s request on May 23, 2023, Planning Commission was directed to identify opportunities for to modify Titles 20 and 21 of the Newport Beach Municipal Code to facilitate new visitor serving accommodation opportunities withing the MU-W2 and MU-CV/15th Street zones. The request also included several considerations: 1) applicability to multi-unit residential developments with 20 or more  Planning Commission Meeting June 22, 2023 Page 6 residential units under common ownership, 2) requirement for professional management, 3) requirement for project amenities, and 4) where there are no parking impacts that could reduce the availability of parking in residential neighborhoods. Recommended Action: 1. Receive public comment; 2. Find recommended actions exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on the environment; 3. Form an ad hoc committee consisting of three Planning Commissioners appointed by the Chair to develop a recommendation for the Planning Commission to consider and forward to the City Council; or 4. Instruct staff to prepare a report focusing on the topic that will be reviewed by all the Planning Commissioners at a future date. Item No. 6 Staff Report Attachment 1 - Zoning District Map 6a_Additonal Materials Received_Mosher IX. STAFF AND COMMISSIONER ITEMS 7. MOTION FOR RECONSIDERATION 8. REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA 8.0_PC Tentative Agenda 9. REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT