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Home My WebLink About06 - Planning Commission Agenda and Action ReportTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report March 9, 2021 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jim Campbell, Deputy Community Development Director, jampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for March 4, 2021 ITEM NO. 1 MINUTES OF FEBRUARY 18, 2021 SUMMARY: Draft minutes from the February 18, 2021 meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested edits. The amended minutes were approved by the following vote. AYES: Ellmore, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: Kleiman ACTION: Approved as amended. DISCUSSION ITEMS ITEM NO. 2 CIRCULATION ELEMENT UPDATE STATUS REPORT SUMMARY: Status report on the update of the General Plan Circulation Element. Staff provided a brief update: the draft will be published online at the City's website and www.NewportTogether.com on March 12, 2021. It will also be attached to the Planning Commission March 18, 2021, meeting agenda packet, and a study session will be conducted with the Planning Commission on March 18, 2021, where the public can participate and provide comments. ACTION: Received and filed 6-1 Planning Commission Agenda Report for March 4, 2021 March 9, 2021 Page 2 PUBLIC HEARING ITEMS: ITEM NO. 3 WESTCLIFF PLAZA PARKING WAIVER (PA2019-266) Site Location: 1000 — 1150 Irvine Avenue Continued from January 21, 2021 SUMMARY: A conditional use permit for the reduction of 139 on-site parking spaces to accommodate the future construction of 9,641 square feet of new commercial pad for future eating and drinking establishments within Westcliff Plaza, as well as 2,312 square feet of new outdoor dining area. The Planning Commission continued the open public hearing to March 18, 2021. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None ACTION: Item continued to March 18, 2021, regular Planning Commission meeting. ITEM NO. 4 SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE, PARKING LOT AND RECREATION AREA PROJECT APPEAL (PA2019-014) Site Location: Bridge to span Superior Avenue north of West Coast Highway Intersection — Parking lot and recreation area at northeast corner of intersection of West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset View Park Continued from February 18, 2021 SUMMARY: An appeal of the Zoning Administrator's decision on December 10, 2020, to approve a coastal development permit and mitigated negative declaration allowing the demolition of the existing surface parking lot and the construction of a new 128 - space surface parking lot, with pedestrian/bicycle concrete bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park. The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8 -foot maximum height permitted by Newport Beach Municipal Code Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from this Newport Beach Municipal Code Title 21 development standard, pursuant to Section 21.52.030. The project complies with all other applicable development standards. The Planning Commission conducted a public hearing and approved the project as recommended with edits to the draft resolution, by the following vote. AYES: Ellmore, Kleiman, Koetting, Lowrey, and Rosene NOES: None ABSENT: Klaustermeier ABSTAIN: Weigand ACTION: Approved as recommended. 6-2 Planning Commission Agenda Report for March 4, 2021 March 9, 2021 Page 3 ITEM NO. 5 FRIENDS OF NEWPORT BEACH ANIMAL SHELTER (PA2020-349) Site Location: 20282 Riverside Drive SUMMARY: A conditional use permit to demolish an existing residential kennel and construct a new public animal shelter for cats and dogs. Project implementation would result in a 1,565 -square -foot, single -story shelter and a 755 -square -foot kennel housing up to 29 dogs. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated "no -kill" shelter. If approved, the applicant proposes to donate the project to the Newport Beach Police Department to be operated by Animal Control as the City's permanent animal shelter. The Planning Commission conducted a public hearing and approved the project as recommended by the following vote. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None ACTION: Approved as recommended. ITEM NO. 6 BETHEL AND RIDGE SUBDIVISION AND RESIDENCES AMENDMENT (PA2019- 085) Site Location: 365 Via Lido Soud, Units 1, 2, 3, and 4 SUMMARY: An amendment to a previously approved Coastal Development Permit and Tentative Parcel Map for the subdivision of an existing parcel into two separate lots and demolition of an existing four -unit residence, to include one new single -unit residence with an attached junior accessory dwelling unit on each lot. The proposed subdivision includes a deviation from design standards of Title 19 (Subdivisions) and relief from Implementation Plan development standards of Title 21 (Local Coastal Program Implementation Plan). The Planning Commission conducted a public hearing and approved the project as recommended with edits to the draft resolution, by the following vote. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None ACTION: Approved as recommended. 6-3 Planning Commission Agenda Report for March 4, 2021 March 9, 2021 Page 4 NEW BUSINESS: ITEM NO. 7 ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195) Site Location: Citywide SUMMARY: Annual progress report on the status and implementation of the General Plan including the Housing Element as required by Government Code Section 65400 and General Plan Implementation Program 1.3. ACTION Planning Commission Agenda Report for March 4, 2021 March 9, 2021 Page 5 The Planning Commission received a presentation and public comments on the draft report. The Commission recommends the City Council review the report and authorize its submittal to the California Office of Planning and Research and the State Department of Housing and Community Development. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None Recommended review and submission of the Annual General Plan Progress Report. 6-5 March 9, 2021 Agenda Item No. 6 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MARCH 4, 2021 REGULAR MEETING — 6:30 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. Please call 949-270-8165 during the meeting to provide public comments on non -agenda items. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF FEBRUARY 18, 2021 To comment on this item during the meeting, please call 949-270-8165. Recommended Action: Approve and file VII. DISCUSSION ITEMS ITEM NO. 2 CIRCULATION ELEMENT UPDATE STATUS REPORT To comment on this item during the meeting, please call 949-270-8165. Summary: A brief status report on the update of the General Plan Circulation Element. Recommended Action: Receive and file. VIII. 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 WESTCLIFF PLAZA PARKING WAIVER (PA2019-266) Site Location: 1000 —1150 Irvine Avenue To comment on this item during the meeting, please call 949-270-8165. 1 of 4 Planning Commission Regular Meeting Agenda March 4, 2021 Summary: A conditional use permit for the reduction of 139 on-site parking spaces to accommodate the future construction of 9,641 square feet of new commercial pad for future eating and drinking establishments within Westcliff Plaza, as well as 2,312 square feet of new outdoor dining area. Recommended Action: Continue to the March 18, 2021, regular Planning commission Meeting. ITEM NO. 4 SUPERIOR AVENUE PEDESTRIAN AND BICYCLE BRIDGE, PARKING LOT AND RECREATION AREA PROJECT APPEAL (PA2019-014) Site Location: Bridge to span Superior Avenue north of West Coast Highway Intersection — Parking lot and recreation area at northeast corner of intersection of West Coast Highway, Superior Avenue, Hoag Lower Campus and Sunset View Park To comment on this item during the meeting, please call 949-270-8165. Summary: An appeal of the Zoning Administrator's decision on December 10, 2020, to approve a coastal development permit and mitigated negative declaration allowing the demolition of the existing surface parking lot and the construction of a new 128 -space surface parking lot, with pedestrian/bicycle concrete bridge over Superior Avenue. The proposed bridge includes a staircase from the bridge down to the corner of Superior Avenue and West Coast Highway, and open space improvements to upper Sunset View Park. The project would include earthwork, grading, retaining walls, and landscaping improvements. The project includes retaining walls that exceed the 8 -foot maximum height permitted by Newport Beach Municipal Code Title 21 (Local Coastal Program Implementation Plan). As such, the project includes a request for relief from this Newport Beach Municipal Code Title 21 development standard, pursuant to Section 21.52.030. The project complies with all other applicable development standards. Recommended Action: 1. Conduct a de novo public hearing; 2. Adopt Resolution No. PC2021-005 affirming the decision of the Zoning Administrator and adopting Mitigated Negative Declaration Addendum No. ND2019-002 and approving Coastal Development Permit No. CD2020-143. ITEM NO. 5 FRIENDS OF NEWPORT BEACH ANIMAL SHELTER (PA2020-349) Site Location: 20282 Riverside Drive To comment on this item during the meeting, please call 949-270-8165. Summary: A conditional use permit to demolish an existing residential kennel and construct a new public animal shelter for cats and dogs. Project implementation would result in a 1,565 -square -foot, single -story shelter and a 755 -square -foot kennel housing up to 29 dogs. The project would be open to the public, receive and hold stray animals, facilitate adoptions, and run as a designated "no -kill" shelter. If approved, the applicant proposes to donate the project to the Newport Beach Police Department to be operated by Animal Control as the City's permanent animal shelter. 2 of 4 Planning Commission Regular Meeting Agenda March 4, 2021 Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures) and that the exceptions to the Class 3 exemption do not apply; and 3. Adopt Resolution No. PC2021-006 finding the proposed animal shelter consistent with the purpose and intent of the RK (Residential Kennel) zoning district of the Santa Ana Heights Specific Area Plan (SP -7) and approving Conditional Use Permit No. UP2020- 193. ITEM NO. 6 BETHEL AND RIDGE SUBDIVISION AND RESIDENCES AMENDMENT (PA2019-085) Site Location: 365 Via Lido Soud, Units 1, 2, 3, and 4 To comment on this item during the meeting, please call 949-270-8165. Summary: An amendment to a previously approved Coastal Development Permit and Tentative Parcel Map for the subdivision of an existing parcel into two separate lots and demolition of an existing four -unit residence, to include one new single -unit residence with an attached junior accessory dwelling unit on each lot. The proposed subdivision includes a deviation from design standards of Title 19 (Subdivisions) and relief from Implementation Plan development standards of Title 21 (Local Coastal Program Implementation Plan). The previous approval by the Zoning Administrator was appealed by two California Coastal Commissioners and the amended application is an attempt to resolve the appeal. Recommended Action: 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) and 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. PC2021-007 approving Coastal Development Permit No. CD2019- 024 and Tentative Parcel Map No. NP2019-008. IX. NEW BUSINESS ITEM NO. 7 ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195) Site Location: Citywide Summary: Annual progress report on the status and implementation of the General Plan and Housing Element as required by State law and General Plan Implementation Program 1.3. 3 of 4 Planning Commission Regular Meeting Agenda March 4, 2021 Recommended Action: 1. Find the preparation, review and submission of the 2020 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2020 General Plan Progress Report, including the Housing Element Annual Progress Report; and 3. Recommend the City Council review and authorize the submittal of the 2020 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. X. STAFF AND COMMISSIONER ITEMS ITEM NO. 8 MOTION FOR RECONSIDERATION ITEM NO. 9 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES XI. ADJOURNMENT 4 of 4