HomeMy WebLinkAbout09 - Planning Commission Agenda and Action ReportQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
February 22, 2022
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for February 17, 2022
ITEM NO. 1 MINUTES OF DECEMBER 9, 2021
SUMMARY: Draft minutes from the December 9, 2021, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits from
a member of the public. The amended minutes were approved by the following
vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Lowrey and Rosene
ACTION: Approved with edits
ITEM NO. 2 KOCIUBA ENCROACHMENT (PA2022-021)
Site Location: 407 Fullerton Avenue
SUMMARY: A request to waive City Council Policy L-6 to install non-compliant private
improvements consisting of a white picket fence and one (1) inward swinging gate
with a maximum height of thirty-six (36) inches that encroach up to 6 feet within the
60 -foot -wide Fullerton Avenue public right-of-way. The Fullerton Avenue parkway
within the public right-of-way is approximately 12 feet from face of curb to the property
line. City Council Policy L-6 ("Policy") prohibits the proposed fence and gate since
structures are limited to a 1 -foot projection into the right-of-way, and the Owner is
requesting a waiver of the Policy to install these improvements.
The Planning Commission considered the encroachment permit request after
receiving public comments. The Commission approved the project as
recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as
recommended
9-1
Planning Commission Agenda Report for February 17, 2022
February 22, 2022
Page 2
PUBLIC HEARING ITEMS:
ITEM NO. 3 BEARD RESIDENCE (PA2021-130)
Site Location: 3625 Ocean Boulevard
SUMMARY: A request for a coastal development permit to demolish an existing single -unit
residence and construct a new 5,413 -square -foot, single -unit residence with an
attached 522 -square -foot two -car garage. The applicant requests a variance to
deviate from maximum building height, front setback, and parking standards.
Additionally, a request for an encroachment permit to construct non-compliant private
improvements within the Ocean Boulevard public right-of-way consisting of site walls,
stairs on -grade, bio -retention planter, sump -pumps, railings, and a decorative
concrete driveway that encroach up to 47 -feet into the 110 -foot -wide Ocean
Boulevard public right-of-way.
The Planning Commission conducted a public hearing and approved the project
as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Rosene
NOES:
Weigand
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
ITEM NO. 4 RESIDENCES AT 1300 BRISTOL (PA2021-161)
Site Location: 1300 North Bristol Street
SUMMARY: The Residences at 1300 Bristol Street Project ("Project') includes the construction
of 193 apartment units atop a 346 -space parking structure. The project is within
the Residential Overlay of Newport Place Planned Community General
Commercial Site 4 and is located at the northeast corner of Bristol North Street
and Spruce Street in the Airport Area. Implementation of the proposed project
would require demolition of the existing 33,292 -square -foot office building and
surface parking within the 1.97 -acre project site.
The Planning Commission conducted a public hearing and adopted a resolution
recommending City Council adoption of an addendum to the 2006 General Plan
Update Environmental Impact Report, Major Site Development Review, Affordable
Housing Implementation Plan, Traffic Study, and Transfer of Development Rights
by the following vote.
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand
NOES:
None
ABSENT:
None
RECUSED:
Ellmore
ACTION: Recommend approval
9-2
Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
February 22, 2022
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for February 17, 2022
ITEM NO. 1 MINUTES OF DECEMBER 9, 2021
SUMMARY: Draft minutes from the December 9, 2021, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits from
a member of the public. The amended minutes were approved by the following
vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Lowrey and Rosene
ACTION: Approved with edits
ITEM NO. 2 KOCIUBA ENCROACHMENT (PA2022-021)
Site Location: 407 Fullerton Avenue
SUMMARY: A request to waive City Council Policy L-6 to install non-compliant private
improvements consisting of a white picket fence and one (1) inward swinging gate
with a maximum height of thirty-six (36) inches that encroach up to 6 feet within the
60 -foot -wide Fullerton Avenue public right-of-way. The Fullerton Avenue parkway
within the public right-of-way is approximately 12 feet from face of curb to the property
line. City Council Policy L-6 ("Policy") prohibits the proposed fence and gate since
structures are limited to a 1 -foot projection into the right-of-way, and the Owner is
requesting a waiver of the Policy to install these improvements.
The Planning Commission considered the encroachment permit request after
receiving public comments. The Commission approved the project as
recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as
recommended
9-1
Planning Commission Agenda Report for February 17, 2022
February 22, 2022
Page 2
PUBLIC HEARING ITEMS:
ITEM NO. 3 BEARD RESIDENCE (PA2021-130)
Site Location: 3625 Ocean Boulevard
SUMMARY: A request for a coastal development permit to demolish an existing single -unit
residence and construct a new 5,413 -square -foot, single -unit residence with an
attached 522 -square -foot two -car garage. The applicant requests a variance to
deviate from maximum building height, front setback, and parking standards.
Additionally, a request for an encroachment permit to construct non-compliant private
improvements within the Ocean Boulevard public right-of-way consisting of site walls,
stairs on -grade, bio -retention planter, sump -pumps, railings, and a decorative
concrete driveway that encroach up to 47 -feet into the 110 -foot -wide Ocean
Boulevard public right-of-way.
The Planning Commission conducted a public hearing and approved the project
as recommended by the following vote.
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Rosene
NOES:
Weigand
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
ITEM NO. 4 RESIDENCES AT 1300 BRISTOL (PA2021-161)
Site Location: 1300 North Bristol Street
SUMMARY: The Residences at 1300 Bristol Street Project ("Project') includes the construction
of 193 apartment units atop a 346 -space parking structure. The project is within
the Residential Overlay of Newport Place Planned Community General
Commercial Site 4 and is located at the northeast corner of Bristol North Street
and Spruce Street in the Airport Area. Implementation of the proposed project
would require demolition of the existing 33,292 -square -foot office building and
surface parking within the 1.97 -acre project site.
The Planning Commission conducted a public hearing and adopted a resolution
recommending City Council adoption of an addendum to the 2006 General Plan
Update Environmental Impact Report, Major Site Development Review, Affordable
Housing Implementation Plan, Traffic Study, and Transfer of Development Rights
by the following vote.
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand
NOES:
None
ABSENT:
None
RECUSED:
Ellmore
ACTION: Recommend approval
9-2
February 22, 2022
Agenda Item No. 9
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, FEBRUARY 17, 2022
REGULAR MEETING — 6:30 P.M.
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
ITEM NO. 1 MINUTES OF DECEMBER 09, 2021
Recommended Action: Approve and file
ITEM NO. 2 KOCIUBA ENCROACHMENT (PA2022-021)
Site Location: 407 Fullerton Avenue
Summary:
A request to waive City Council Policy L-6 to install private improvements consisting of a white picket fence
and one (1) inward swinging gate with a maximum height of thirty-six (36) inches that encroach up to
6 feet within the 60 -foot -wide Fullerton Avenue public right-of-way. The Fullerton Avenue parkway within
the public right-of-way is approximately 12 feet from face of curb to the property line. City Council Policy
L-6 ("Policy") prohibits the proposed fence and gate since structures are limited to a 1 -foot projection into
the right-of-way, and the Owner is requesting a waiver of the Policy to install these improvements.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 Class 3 (New Construction or Conversion of Small Structures), because it was no
significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to install non-compliant
private improvements consisting of a fence and inward swinging gate that encroach into the
Fullerton Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit
process being met (Attachment No. PC 1); and
3. Adopt Resolution No. PC2022-021 waiving the City Council Policy L-6 and approving
Encroachment Permit NO. N2021-0604 (Attachment No. PC 2).
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 BEARD RESIDENCE (PA2021-130)
Site Location: 3625 Ocean Boulevard
Summary:
A request for a coastal development permit to demolish an existing single -unit residence and construct a
new 5,413 -square -foot, single -unit residence with an attached 522 -square -foot two -car garage. The
applicant requests a variance to deviate from maximum building height, front setback, and parking
development standards. Additionally, a request to waive City Council Policy L-6 to construct private
improvements with an encroachment permit within the Ocean Boulevard public right-of-way consisting of
site walls, stairs on -grade, bio -retention planter, sump -pumps, railings and a decorative concrete driveway
that encroach up to 47 -feet into the 110 -foot -wide Ocean Boulevard public right-of-way.
Recommended Action:
1. Conduct a public hearing;
2. Find this activity 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;
3. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain existing
non-compliant private improvements within the Ocean Boulevard public right-of-way
consisting of site walls, stairs on -grade, bio -retention planter, sump -pumps, railings and a
decorative concrete driveway that encroaches in excess of 1 foot into the 110 -foot -wide Ocean
Boulevard public right-of-way, contingent upon all conditions of the Encroachment Permit
process being met (Attachment No. PC 1); and
4. Adopt Resolution No. PC2022-002 waiving City Council Policy L-6 and approving Variance
No. VA2022-002, Coastal Development Permit No. CD2021-025 and Encroachment Permit
No. N2022-0040 (Attachment No. PC 1).
ITEM NO. 4 RESIDENCES AT 1300 BRISTOL (PA2021-161)
Site Location: 1300 North Bristol Street
Summary:
The Residences at 1300 Bristol Street Project ("Project') would result in the construction of 193 apartment
units atop a 346 -space parking structure. The 1.97 -acre project site is within the Residential Overlay of
Newport Place Planned Community General Commercial Site 4, and is located at the northeast corner of
Bristol North Street and Spruce Street in the Airport Area. The project inclues 24 units that will be made
available to lower-income households. Project consideration also includes the transfer of 77 units from the
the Uptown Newport Planned Community. Implementation of the proposed project would require demolition
of the existing 33,292 -square -foot office building and surface parking. The project requires the approval of
a traffic study pursuant to the Traffic Phasing Ordinance.
Recommended Action:
1. Conduct a public hearing;
Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program Environmental Impact
Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach
Housing Element Initial Study/Negative Declaration (collectively, he PEIR); therefore, in
accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines,
an addendum to the previously adopted PEIR is the appropriate environmental documentation
for the project; and
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3. Adopt Resolution No. PC2022-003 (Attachment No. PC 1) recommending the City Council
adoption of Environmental Impact Report Addendum No. ER2022-001, and approval of Major
Site Development Review No. SD2021-003, Affordable Housing Implementation Plan
No. AH2022.001, Traffic Study No. TS2022.001, and Transfer of Development Rights
No. TD2022-001 for Residences at 1300 Bristol Street Project located at 1300 Bristol Street
(PA2021-161).
VIII. 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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