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13 - Planning Commission Agenda and Action Report for February 22, 2024

Newport Beach City Council
February 27, 2024

Document
13 - Planning Commission Agenda and Action Report for February 22, 2024
Meeting
February 27, 2024
Body
Newport Beach City Council
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2
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c�<,FORN'P City Council Staff Report
February 27, 2024
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director - 949-644-320, [email protected]
TITLE: Planning Commission Agenda Report for February 22, 2024 CONSENT ITEMS:

ITEM NO. 1 MINUTES OF JANUARY 18, 2024
SUMMARY: Draft minutes from the January 18, 2024, meeting of the Planning Commission.

The Planning Commission considered the draft minutes with suggested edits to the minutes. The minutes were approved by the following vote.

AYES:

Barto, Langford, Rosene, and Salene
NOES:

None
ABSENT:

Ellmore, Harris, and Lowrey
ABSTAIN:

None
ACTION: Approved as amended.

ITEM NO. 2 APPEAL OF CAMPBELL ANIMAL KEEPING (PA2022-098) Site Location: 1691 Orchard Drive
SUMMARY: Draft minutes from the January 4, 2024, meeting of the Planning Commission.

The Planning Commission considered Resolution No. PC2024-001 denying the appeal and modifying the Hearing Officer's Determination for a Reasonable Accommodation with the revised findings. The resolution was approved by the following vote.

AYES:

Barto, Langford, Rosene, and Salene
NOES:

None
ABSENT:

Ellmore, Harris, and Lowrey
ABSTAIN:

None
ACTION: Approved as amended.
13-1

Planning Commission Agenda Report for February 22, 2024 February 27, 2024

Page 2 ends

PUBLIC HEARING ITEM:

ITEM NO. 3 2607 Ocean Blvd, LLC Residence (PA2023-0064) Site Locations: 2607 Ocean Boulevard
SUMMARY: The Applicant requests a coastal development permit (CDP) to allow for a 1,490-square-foot addition and remodel of an existing, nonconforming, three- story, single -unit dwelling. The total gross floor area of the residence after the addition will be 3,969 square feet, including attached garage parking for three cars. The project also includes landscape, hardscape, an in -ground spa, drainage improvements, site walls, and removal of unpermitted encroachments within the public right-of-way on the slope adjacent to Ocean Boulevard and within Way Lane.

The project requires a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to allow the proposed development to:
a) Exceed the gross floor area limit by approximately 1,104 square feet; b) Encroach 1-foot, 8 inches into the 10-foot front setback along Ocean Boulevard;
c) Encroach 9-feet, 4 inches into the 10-foot rear setback along Way Lane; d) Exceed the 24-foot flat roof height limit of the R-1 Zoning District by 3 feet; and
e) Exceed the 29-foot sloped roof height limit of the R-1 Zoning District by 11 inches.

While the project will exceed the 24- and 29-foot height limits, the project will not exceed the Ocean Boulevard top of curb height restriction.

The Planning Commission conducted a public hearing and approved the project making edits and corrections to the conditions of approval by the following vote:

AYES:

Barto, Langford, Salene, and Rosene
NOES:

None
ABSENT:

Ellmore, Harris, and Lowrey
ABSTAIN:

None
ACTION: Approved as amended
13-2

February 21, 2024
2024 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT (CDD)

TENTATIVE PROJECT MEETING SCHEDULE'
February 21 General Plan Update Steering Committee GPUSC Meeting -
February 22 Planning Commission

1. 2607 Ocean Blvd, LLC Residence Variance & CDP at 2607 Ocean Boulevard District 6
(PA2023-0064) — Joselyn

2. Adopt Resolution- Appeal of Campbell Animal Keeping at 1691 Orchard Drive District 3
PA2022-098 — Jenny
February 27 City Council

1. Establish Ad -Hoc Committee for Lower Castaways
District 3

2. Second Reading SBTS Termination — Melinda
February 27 Historic Resources/Arts &Culture Sub -Committee Meeting February 29 Zoning Administrator

1. Artisan Property, LLC Duplex TPM at 825 Bay Ave W (PA2023-0190) — Danny District 1

2. Kamell Addition and ADU Coastal Development Permit at 4005 Seashore Drive District1
(PA2023-0115) - Melinda

3. Annual Review of DA for Hoag Hospital PA2023-0173 — Jerry District 2
March 6 General Plan Advisory Committee (GPAC) Meeting
-
March 7 Planning Commission

1. General Plan Annual Progress Report (PA2007-195) — Melinda Citywide

2. Appeal - Genesis Automobile at 400 W Coast Highway PA2023-0094 — Jenny District 2
March 12 City Council

1. Code Enforcement Enhancement — Jaime/Art
Citywide
March 14 Zoning Administrator

1. Anderson Residence Mod at 2616 Clay Street (PA2023-0216) — Danny District 2

2. CDM Properties Duplex TPM at 303 Goldenrod Ave (PA2023-0235) — Danny District 6

3. Haag Residence CDP at 4003 Marcus (PA2023-0214) — Jerry District 1

4. Gagnon Residence CDP/MOD at 4515 Hampden Road PA2024-0007 — Jerry District 6
March 20 General Plan Update Steering Committee GPUSC Meeting -
March 21 Planning Commission
-
March 26 City Council

1. General Plan Annual Progress Report (PA2007-195) — Melinda Citywide

2. Study Session, Development Impact Fee Study (PA2021-127) — Liz Citywide

3. 1201 Dove St. Lease with CJ Light — Lauren
District 3

4. 1201 Dove St. Lease with Secada — Lauren
District 3
March 28 Zoning Administrator

1. Baja Sharkeez Limited Term Permit (PA2023-0247) — Danny District 1
April 3 General Plan Advisory Committee (GPAC) Meeting
April 4 Planning Commission
April 9 City Council

1. Public Hearing, Residences at 1400 Bristol (PA2022-0296) — Liz District 3

2. Public Hearing, Residences at 1401 Quail (PA2023-0040) — David District 3
April 11 Zoning Administrator

1. Snow Residence Condominiums TPM/CDP/Conversion at 400 40th (PA2023-0147) — District 1
Jerry
April 17 General Plan Update Steering Committee (GPUSC) Meeting -
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice.

February 21, 2024
April 18 Planning Commission

1. Housing Element Implementation Program Amendments (PA2022-0245) — Ben/Jaime

2. Newport Airport Village Apartments PA2023-0223 — Jenny tentative Citywide
District 3
April 23 City Council

1. 2nd Reading, Residences at 1400 Bristol (PA2022-0296) — Liz

2. 2nd Reading, Residences at 1401 Quail (PA2023-0040) — David

3. CDBG FY24/25 Action Plan — Lauren

4. Appeal- OC Sanitation District Pump Station at 250 E Coast Hwy (PA2023-0076) — David
District 3
District 3
Citywide
District 4
May 9 Planning Commission

1. Residences at 1600 Dove PA2022-0297 - Liz tentative
May 14 City Council
May 16 Airport Land Use Commission

1. Housing Element Implementation Program Amendments PA2022-0245 — Ben/Jaime Citywide
May 23 Planning Commission
May 28 City Council
June 6 Planning Commission
June 11 City Council
Director or ZA Level Actions

1. Spanos Residence Staff Approval at 2761 Bay Shore Dr (PA2023-0246) - Jenny District 2
CDP Waivers None this week
-
TBD Items

1. Wireless Facilities in public right-of-way, ordinance update — Ben/OCA

2. Tanar's Tobacco MUP at 2233 Balboa Blvd - (PA2023-0032) - Jenny

3. Ca 's Cafe CDP/MUP at 5930 W Coast Hwy PA2023-0191 — Jenny Citywide
District 1
District 1
Pending Coastal Commission

1. Small Cell Telecom Appeal at 38t" Street and Lake Ave appeal (PA2019-113) — Ben

2. Coastal Act §30613 CDP jurisdiction change (PA2022-111) — Jaime/Dudek

3. 2022 LCPA #3 — Density Bonus ordinance update, Nonconforming uses and structures amendment — Jaime/Joselyn

4. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use change — Jaime/Chelsea/David

5. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay — Ben/Liz

6. Dawson Residence CDP Appeal at 2741 Ocean Blvd PA2022-0315 — David District 1
Coastal
Coastal
Coastal
Coastal
District 6
Planner Contact Information
Seimone Jurjis, CDD Director
949-644-3282
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Jaime Murillo, Acting Deputy CDD Director
949-644-3209
murillo new ortbeachca. ov
Jerry Arre ui, Planning Technician
949-644-3249
arre ui new ortbeachca. ov
Art Bashmakian, Contract Planner
949-644-3238
abash makian new ortbeachca. ov
Chelsea Cra er, Senior Planner
949-644-3227
ccra er new ortbeachca. ov
Danny Kopshever, Assistant Planner
949-644-3235
dko shever new ortbeachca. ov
David Lee, Senior Planner
949-644-3225
dlee new ortbeachca. ov
Oscar Orozco, Assistant Planner
949-644-3216
[email protected]
Josel n Perez, Associate Planner
949-644-3312
erez new ortbeachca. ov
Laura Rodri ez, Planning Technician
949-644-3216
Irodri uez new ortbeachca. ov
Jenny Tran, Assistant Planner
949-644-3212
tran new ortbeachca. ov
Rosalinh Un , Principal Planner PT
949-644-3208
run new ortbeachca. ov
Liz Westmoreland, Senior Planner
949-644-3234
Westmoreland new ortbeachca. ov
Melinda Whelan, Assistant Planner
949-644-3221
mwhelan new ortbeachca. ov
Ben Zdeba, Principal Planner
949-644-3253
bzdeba new ortbeachca. ov

February 21, 2024
Lauren Wood ing-Whitlinger, Real Property Administrator 949-644-3236
Iwoodin new ortbeachca. ov
Dan Campagnolo, Systems Administration Manager
949-644-3231
dcam a nolo new ortbeachca. ov
Tonee Thai, Deputy CDD Director & Building Official
949-718-1867
[email protected]
Brad Sommers, City Traffic Engineer
949-644-3326
bsommers new ortbeachca. ov

February 27, 2024
Agenda Item No. 13

NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, FEBRUARY 22, 2024
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 JANUARY 18, 2024
Recommended Action: Approve and file
ITEM NO. 2 APPEAL OF CAMPBELL ANIMAL KEEPING (PA2022-098) Site Location: 1691 Orchard Drive
Recommended Action: Adopt Resolution No. PC2024-001 denying the appeal and modifying the Hearing Officer's Determination for a Reasonable Accommodation with the attached Findings (Attachment No. PC 1).

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. 3 2607 Ocean Blvd, LLC Residence (PA2023-0064) Site Location: 2607 Ocean Boulevard
Summary:

The Applicant requests a coastal development permit (CDP) to allow for a 1,490-square-foot addition and remodel of an existing, nonconforming, three-story, single -unit dwelling. The total gross floor area of the residence after the addition will be 3,969 square feet, including attached garage parking for three cars. The project also includes landscape, hardscape, an in -ground spa, drainage improvements, site walls, and removal of unpermitted encroachments within the public right-of-way on the slope adjacent to Ocean Boulevard and within Way Lane. The request also includes a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to allow the proposed development to:
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a) Exceed the gross floor area limit by approximately 1,104 square feet; b) Encroach 1-foot, 8 inches into the 10-foot front setback along Ocean Boulevard; c) Encroach 9-feet, 4 inches into the 10-foot rear setback along Way Lane; d) Exceed the 24-foot flat roof height limit of the R-1 Zoning District by 3 feet; and e) Exceed the 29-foot sloped roof height limit of the R-1 Zoning District by 11 inches.

Recommended Actions:

1. Conduct a public hearing;

2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and

3. Adopt Resolution No. PC2024-003 approving the Coastal Development Permit and Variance filed as PA2023-0064 (Attachment No. PC 1).

VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR

MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A

FUTURE AGENDA
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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