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CITY OF
NEWPORT BEACH
City Council Staff Report
October 8, 2024
Agenda Item No. 15
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jaime Murillo, Deputy Community Development Director - 949-644- 3209, [email protected]
TITLE: Planning Commission Agenda Report for October 3, 2024 CONSENT ITEMS:
ITEM NO. 1
SUMMARY
ACTION:
MINUTES OF SEPTEMBER 5, 2024
Draft minutes from the September 5, 2024, meeting of the Planning Commission.
The Planning Commission approved the minutes by the following vote:
AYES: Barto, Langford, Lowrey, and Rosene
NOES: None
ABSENT: Ellmore and Salene
ABSTAIN: Harris
Approved
PUBLIC HEARING ITEMS:
ITEM NO. 2 BARNARD RESIDENCE (PA2023-0018)
Site Location: 3907 Seashore Drive
SUMMARY: A request for a coastal development permit to demolish an existing two -unit dwelling and construct a new 2,318-square-foot, three story, two -unit dwelling with an attached 444-square-foot two -car garage and two carport spaces in the VE Special Flood Hazard Area (VE Flood Zone). Additionally, the applicant requests a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct three exterior entry stairs, one within the front and side setbacks facing West Ocean Front and two entirely within interior side setbacks. The front stairs are approximately 5 feet, 4 inches in height, measured to the highest guardrail and the side stairs are approximately 7 feet, 9 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested. 15-1
Planning Commission Agenda Report for October 3, 2024
October 8, 2024
The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote:
AYES: Barto, Harris, Langford, Lowrey, and Rosene
NOES: None
ABSENT: Ellmore and Salene
RECUSED: None
ACTION: Approved as recommended
ITEM NO. 3 NEWPORT BEACH HOMES, LLC RESIDENCE (PA2024-0121) Site Location: 3202 West Ocean Front
SUMMARY: A request for a coastal development permit to demolish an existing single -unit dwelling and construct a new 2,634-square-foot, three-story, single -unit dwelling with an attached 376-square-foot, two -car garage in the VE Special Flood Hazard Area (VE Flood Zone). Additionally, the applicant requests a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct two exterior entry stairs, one within the front and side setbacks facing West Ocean Front, and one entirely within the interior side setback. The front stairs are approximately 6 feet, 10 inches in height, measured to the highest guardrail and the side stairs are approximately 9 feet 2 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts the height of stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested.
The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote:
AYES: Barto, Harris, Lowrey, and Rosene
NOES: None
ABSENT: Ellmore and Salene
RECUSED: Langford
ACTION: Approved as recommended
ITEM NO.4 CADE CAFE/WINE BAR (PA2024-0074)
Site Location: 2300 Newport Boulevard, McFadden Square Area, Balboa Peninsula
SUMMARY: A Conditional Use Permit and Coastal Development Permit to allow a 932-square- foot cafe/wine bar with a 368-square-foot outdoor dining patio to operate with Alcoholic Beverage Control (ABC) Type 41 (On -Sale Beer & Wine — Bona Fide Eating Place) License at Peninsula Village mixed -use development. The proposed hours of operation would be from 7:00 AM to 10:00 PM, daily. The request also includes a 23- space parking reduction with a parking management plan pursuant to Sections
20.40.110 and 21.40.110 of the Newport Beach Municipal Code (NBMC), for changes in parking demand associated with the proposed cafe/wine bar and allowable usage of boat slips within the existing marina to be available for lease to the general public, and to residential and commercial tenants of the property. 15-2
Planning Commission Agenda Report for October 3, 2024
October 8, 2024
The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote:
AYES: Barto, Harris, Langford, Lowrey and Rosene
NOES: None
ABSENT: Ellmore and Salene
RECUSED: None
ACTION: Approved as recommended
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title Activity
October 2 - GPAC Meeting
October 3 - Planning Commission Meeting
1 Barnard Residence Public Hearing
2 Cade Cafe CUP/CDP Public Hearing
3 Newport Home LLC Public Hearing
Residence
October 08 - City Council Meeting
1 Ground Lease Palm Street
Consent
Parking Lot
2 In -Lieu Park Dedication
Public Hearing
Fees
3 Lower Castaways
Study Session
4 Nonconforming Uses &
2nd Reading
Structures LCP
Amendment
5 Uptown Newport
Public Hearing
Development Agreement
2nd Amendment
Address Plan # Staff Assigned Status District
3907 SEASHORE DR, A
PA2023-0018
Oscar Orozco
MORE INFO District 1
2210 NEWPORT BLVD, 101
PA2024-0074
Rosalinh Ung
MORE INFO District 1
3202 OCEAN FRONT W
PA2024-0121
Daniel Kopshever
MORE INFO District 1
200 PALM ST
RP2024-0008
Lauren Wooding
District 1
1 CITYWIDE PROJECT
100 DOVER DR
1 CITYWIDE PROJECT
RP2024-0009 Lauren Wooding
PA2024-0138 Benjamin Zdeba
PA2022-076 Joselyn Perez
4311 JAMBOREE ROAD PA2024-0078 Rosalinh Ung
District 5
MORE INFO District 3
MORE INFO District 5
MORE INFO District 3
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title Activity
October 09 California Coastal Commission
1 Post LCP Certification Mar Per Coastal Commissions Request to Revision -Add Notes add notes to the map
October 10 - Zoning Administrator Meeting
1 604 Narcissus LLC, (non -hearing item)
Residential Condominiums
2 Coordinated Sign Program Public Hearing
and Modification Permit
3 Restoration Hardware Type Public Hearing
47 License
October 16 - GPUSC Meeting
October 17 - Planning Commission Meeting
Address
1 CITYWIDE PROJECT
604 NARCISSUS AVE
Plan # Staff Assigned Status District
PA2024-0181 Dan Campagnolo MORE INFO District 5
PA2024-0133 Laura Rodriguez
365 OLD NEWPORT BLVD, A PA2024-0046 Laura Rodriguez
1101 NEWPORT CENTER DR PA2024-0058 Laura Rodriguez
MORE INFO District 6
MORE INFO District 2
MORE INFO District 5
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title
Activity
October 22 - City Council Meeting
1 Bay Island LCP
Consent- Introduction
AMENDMENT
2 Development Impact Fee
Public Hearing
Study
3 Hanna Residences Land
Consent- Introduction
Use Change
4 LCP Amendment Related
Public Hearing
to ADUs
5 Placeworks Coyote
Consent
Canyon IS/MND Contract
Amendment
6 Uptown Newport
Consent- 2nd Reading
Development Agreement
2nd Amendment
October 24 - Zoning Administrator Meeting
1 MDXL L.L.C. Residence Public Hearing
November 07 - Planning Commission Meeting
Address
23 BAY ISLAND
1 CITYWIDE PROJECT
3014 BALBOA BLVD
1 CITYWIDE PROJECT
Plan # Staff Assigned Status District
PA2022-087 Jenny Tran
PA2021-127 Liz Westmoreland
PA2020-060 David Lee
PA2021-113 Jaime Murillo
20662 NEWPORT COAST DR PA2022-063 Joselyn Perez
4311 JAMBOREE ROAD PA2024-0078 Rosalinh Ung
1540 OCEAN FRONT E PA2024-0142 Oscar Orozco
MORE INFO District 1
MORE INFO Citywide
MORE INFO District 1
MORE INFO District 5
MORE INFO District 7
MORE INFO District 3
MORE INFO
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title Activity
November 12 - City Council Meeting
1 Bay Island LCP Consent- 2nd Reading
AMENDMENT
2 Development Impact Fee Consent- 2nd Reading
Study
3 Hanna Residences Land Consent- 2nd Reading
Use Change
4 LCP Amendment Related Consent- 2nd Reading
to ADUs
November 14 - Zoning Administrator Meeting
November 19 - City Council Meeting
November 21 - Planning Commission Meeting
November 27 - Zoning Administrator Meeting
Address
23 BAY ISLAND
1 CITYWIDE PROJECT
3014 BALBOA BLVD
1 CITYWIDE PROJECT
Plan # Staff Assigned Status District
PA2022-087 Jenny Tran
PA2021-127 Liz Westmoreland
PA2020-060 David Lee
PA2021-113 Jaime Murillo
MORE INFO District 1
MORE INFO Citywide
MORE INFO District 1
MORE INFO District 5
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title Activity
December 05 - Planning Commission Meeting
1 Five Crowns Outdoor Public Hearing - Appeal
Dining CDP and LTP
December 10 - City Council Meeting
December 12 - Zoning Administrator Meeting
December 19 - Planning Commission Meeting
Address
3801 COAST HWY E
Plan # Staff Assigned
PA2023-0202 Melinda Whelan
Status District
MORE INFO District 6
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title
Activity
Address
Plan #
Staff Assigned
Status
District
Hearing Date to be Determined
1 Cappy's Cafe CDP/MUP
5930 COAST HWY W
PA2023-0191
Jenny Tran
MORE INFO
District 1
2 Lido House Hotel
Consent - LCPA Effectiveness
3300 NEWPORT BLVD
PA2020-068
Benjamin Zdeba
MORE INFO
District 1
Expansion
3 Santa's Garden Christmas
(non -hearing item)
1131 BACK BAY DR
PA2024-0168
Laura Rodriguez
MORE INFO
District 4
Tree Lot
4 Santiniello Residence CDF
1206 BLUE GUM LN
PA2024-0014
Laura Rodriguez
MORE INFO
District 3
5 Saunders Self Storage
3848 CAMPUS DR
PA2023-0145
Liz Westmoreland
MORE INFO
District 3
6 Schwartz Residence
Public Hearing
2050 OCEAN FRONT E
PA2024-0059
Melinda Whelan
MORE INFO
District 1
7 Snow Residence
400 40TH ST
PA2023-0147
Jerry Arregui
MORE INFO
District 1
Condominiums
TPM/CDP/Conversion
8 Tracy Residence Variance
1020 WHITE SAILS WAY
PA2023-0200
Jenny Tran
MORE INFO
District 6
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Proiect title
Activity
Address
Plan #
Staff Assigned
Status
District
Pending Coastal Commission
1 Coastal Act 30613 CDP
City Project
1 CITYWIDE PROJECT
PA2022-111
Jaime Murillo
MORE INFO
Citywide
Jurisdiction Change
2 Commercial Parking
LCP Amendment
1 CITYWIDE PROJECT
PA2021-104
Benjamin Zdeba
MORE INFO
Citywide
Requirements
3 Dawson Residence CDP
Private Project
2741 OCEAN BLVD
PA2022-0315
David Lee
MORE INFO
District 6
Appeal
4 Mooring Field C
City Project
1 CITYWIDE PROJECT
PA2024-0139
Paul Blank
MORE INFO
District 5
Optimization Pilot Project
5 Municipal Code Clean Up
LCP Amendment
1 CITYWIDE PROJECT
PA2022-0219
Jaime Murillo
MORE INFO
6 Short -Term Lodging
LCP Amendment
1 CITYWIDE PROJECT
PA2023-0116
Jaime Murillo
MORE INFO
Amendment
7 Small Cell Telecom Appea
Private Project
3714 LAKE AVE
PA2019-113
Benjamin Zdeba
MORE INFO
Citywide
8 Special Flood Hazard Aree
LCP Amendment
1 CITYWIDE PROJECT
PA2018-075
Liz Westmoreland
MORE INFO
District 1
(VE) Overlay
9 Tennis and Pickleball Club
LCP Amendment
1602 COAST HWY
PA2021-260
David Lee
MORE INFO
Citywide
of Newport Beach
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.
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° % City of Newport Beach
x Tentative Agenda Report - 09/28/2024 to 01/01/2025
cq<r r=o RNs-
Planner Contact Information
Name & Title
Benjamin Zdeba, Planninq Manager
Dan Campaqnolo, Systems and Administration Manager
Daniel Kopshever, Assistant Planner
David Blumenthal, Contract Planner
David Lee, Senior Planner
Jaime Murillo, Deputy CDD Director
James Sommers, City Traffic Enqineer
Jenny Tran, Associate Planner
Jerry Arrequi, Assistant Planner
Joselyn Perez, Planner, Senior
Kyle Benalcazar, Planninq Technician
Laura Rodriquez, Planninq Technician
Lauren Woodinq, Real Property Administrator
Liz Westmoreland, Senior Planner
Melinda Whelan, Assistant Planner
Oscar Orozco, Assistant Planner
Rosalinh Unq, Principal Planner (PT)
Seimone Jurjis, Assistant ACM/CDD Director
Tonee Thai, Deputy CDD Director & Buildinq Official
Phone
Email
949-644-3253
[email protected]
949-644-3231
[email protected]
949-644-3235
[email protected]
[email protected]
949-644-3225
[email protected]
949-644-3209
[email protected]
949-644-3326
[email protected]
949-644-3212
[email protected]
949-644-3249
[email protected]
949-644-3312
[email protected]
[email protected]
949-644-3216
[email protected]
949-644-3236
[email protected]
949-644-3234
[email protected]
949-644-3221
[email protected]
949-644-3219
[email protected]
949-644-3208
[email protected]
949-644-3282
[email protected]
949-718-1867
[email protected]
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.
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October 8, 2024
Agenda Item No. 15
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 3, 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 SEPTEMBER 5, 2024
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 BARNARD RESIDENCE (PA2023-0018)
Site Location: 3907 Seashore Drive
Summary:
A request for a coastal development permit to demolish an existing two -unit dwelling and construct a new 2,318-square-foot, three story, two -unit dwelling with an attached 444- square-foot two -car garage and two carport spaces in the VE Special Flood Hazard Area (VE Flood Zone). Additionally, the applicant requests a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct three exterior entry stairs, one within the front and side setbacks facing West Ocean Front and two entirely within interior side setbacks. The front stairs are approximately 5 feet, 4 inches in height, measured to the highest guardrail and the side stairs are approximately 7 feet, 9 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested.
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Recommended Actions:
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. PC2024-021, approving the Coastal Development Permit and Variance filed as PA2023-0018.
ITEM NO. 3 NEWPORT BEACH HOMES, LLC RESIDENCE (PA2024-0121) Site Location: 3203 West Ocean Front
Summary:
A request for a coastal development permit to demolish an existing single -unit dwelling and construct a new 2,634-square-foot, three-story, single -unit dwelling with an attached 376- square-foot, two -car garage in the VE Special Flood Hazard Area (VE Flood Zone).
Additionally, the applicant requests a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct two exterior entry stairs, one within the front and side setbacks facing West Ocean Front, and one entirely within the interior side setback. The front stairs are approximately 6 feet, 10 inches in height, measured to the highest guardrail and the side stairs are approximately 9 feet 2 inches in height, measured to the highest guardrail. A variance is required because the NBMC restricts the height of stairs, platforms, and landings within the side setback to 18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls (including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails) within the front setback to 42 inches maximum, measured from existing grade. The project complies with all other development standards and no other deviations are requested.
Recommended Actions:
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. PC2024-022, approving the Coastal Development Permit and Variance filed as PA2024-0121.
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ITEM NO. 4 CADE CAFE/WINE BAR (PA2024-0074)
Site Location: 2300 Newport Boulevard, McFadden Square Area, Balboa Peninsula
Summary:
A Conditional Use Permit and Coastal Development Permit to allow a 932-square-foot cafe/wine bar with a 368-square-foot outdoor dining patio to operate with Alcoholic Beverage Control (ABC) Type 41 (On -Sale Beer & Wine — Bona Fide Eating Place) License at Peninsula Village mixed -use development. The proposed hours of operation would be from 7:00 AM to 10:00 PM, daily. The request also includes a 23-space parking reduction with a parking management plan pursuant to Sections 20.40.110 and 21.40.110 of the Newport Beach Municipal Code (NBMC), for changes in parking demand associated with the proposed cafe/wine bar and allowable usage of boat slips within the existing marina to be available for lease to the general public and commercial tenants of the property.
Recommended Actions:
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) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2024-023, approving Conditional Use Permit and Coastal Development Permit pursuant to PA2024-0074.
Vill. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED
ON A FUTURE AGENDA
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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