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CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, FEBRUARY 17, 2022 REGULAR MEETING - 6:30 P.M. LEE LOWREY Chair LAUREN KLEIMAN
0BVice Chair CURTIS ELLMORE Secretary
3BSARAH KLAUSTERMEIER 4BPETER KOETTING 5BMARK ROSENE
6BERIK WEIGAND Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for four-year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are:
1BSEIMONE JURJIS, Community Development Director
2BJIM CAMPBELL, Deputy Community Development Director
YOLANDA SUMMERHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer CLARIVEL RODRIGUEZ, Administrative Assistant NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's website at: http://www.newportbeachca.gov and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at 949-644-3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission’s agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded.
Please Note: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send them by electronic mail directly to Commissioners at planningcommissioners@newportbeachca.gov.
Each Commissioner and staff will receive your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant of this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or lbrown@newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan, Zoning, and Local Coastal Program Amendments are automatically forwarded to the City Council for final action.
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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.
Planning Commission Regular Meeting Agenda February 17, 2022
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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; 2. 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
Planning Commission Regular Meeting Agenda February 17, 2022
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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