TO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
June 27, 2023
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jim Campbell, Deputy Community Development Director, [email protected]
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for June 22, 2023 ITEM NO. 1 MINUTES OF MAY 18, 2023
SUMMARY: Draft minutes from the May 18, 2023, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and approved the draft minutes with minor edits by the following vote:
AYES:
Barto, Ellmore, Harris, Klaustermeier, Langford, and Rosene NOES:
None
ABSENT:
None
RECUSED:
Lowery
ACTION: Approved as amended
PUBLIC HEARING ITEMS:
ITEM NO. 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 of a soil vapor extraction and treatment system. The system consists of an underground pipe network (approximately 2,400 linear ft), 13 soil gas extraction wells, and a 240 square foot remediation treatment building for a term of approximately 12 months. A limited term permit allows a 3.2-foot separation distance 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 per the PC-24 (Aeronutronic Ford Planned Community) development standards.
The Planning Commission conducted a public hearing and denied the appeal and approved the application as recommended by the following vote:
AYES: Barto, Ellmore, Langford and Rosene
NOES: Harris and Klaustermeier
ABSENT: None
RECUSED: Lowery
ACTION: Approved as recommended
16-1
Planning Commission Agenda Report for June 22, 2023
June 27, 2023
ITEM NO. 3 MILLER RESIDENCE (PA2023-0017)
Site Locations: 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.
The Planning Commission conducted a public hearing approved the application as recommended the following vote:
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey and Rosene
NOES: None
ABSENT: None
ABSTAIN: None
RECUSAL: None
ACTION: Approved as recommended
ITEM NO.4 NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0082)
Site Locations: 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%).
The Planning Commission conducted a public hearing and adopted a resolution, recommending City Council approval of the proposed amendment, by the following vote:
AYES:
Barto, Ellmore, Klaustermeier, Langford, and Rosene
NOES:
None
ABSENT:
None
RECUSAL:
Lowrey and Harris
ACTION: Approved as recommended
ITEM NO. 5 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0071)
Site Locations: 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.
The Planning Commission conducted a public hearing and adopted a resolution, recommending City Council approval of the proposed amendment, by the following vote:
16-2
ACTION
DISCUSSION ITEMS:
ITEM NO. 6
Planning Commission Agenda Report for June 22, 2023
June 27, 2023
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey and Rosene
NOES: None
ABSENT: None
RECUSAL: None
Approved as recommended
NEW VISITOR -SERVING ACCOMMODATIONS MU-W2 AND MU-CV/15T"
STREET ZONES
Site Locations: Various properties located in Lido Village, Cannery Village, McFadden Square and mixed -use areas on 15" 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/15t" Street zones. The request also included several considerations: 1) applicability to multi -unit residential developments with 20 or more 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.
The Planning Commission received public comment and instructed staff to prepare a report focusing on the topic that will be reviewed by all the Planning Commissioner at a future date.
AYES:
Barto, Ellmore, Harris, Klaustermeier, Lowrey and Rosene NOES:
None
ABSENT:
None
RECUSAL:
Langford
ACTION: Approved as recommended
16-3
June 27, 2023
Agenda Item No. 16
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JUNE 22, 2023
REGULAR MEETING — 6:00 P.M.
CALL TO ORDER
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
ITEM NO. 1 MINUTES OF MAY 18, 2023
Recommended Action: Approve and file
VII. PUBLIC HEARING ITEMS
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.
ITEM NO. 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;
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 2 of 4
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.
ITEM NO. 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 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. 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.
ITEM NO. 5 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0071)
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, recommending the City Council approve a Planned Community Development Plan Amendment allowing recreational facilities in Area 1 of the Newport Village Planned Community.
Vill. DISCUSSION ITEMS
ITEM NO. 6 NEW VISITOR -SERVING ACCOMMOTATIONS MU-W2 AND MU-CV/15T" ST Site Location: Various properties located in Lido Village, Cannery Village, McFadden Square and mixed -use areas on 1511 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/151h Street zones. The request also included several considerations: 1) applicability to multi -unit residential developments with 20 or more 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 15262 of 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.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT