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Home My WebLink About13 - Planning Commission Agenda and Action ReportSEW P0_ u rte-_ s c q<� Fo FzN�P TO: FROM CITY OF NEWPORT BEACH City Council Staff Report April 26, 2022 Agenda Item No. 13 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 April 21, 2022 ITEM NO. 1 MINUTES OF MARCH 17, 2022 SUMMARY: Draft minutes from the March 17, 2022, 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, Lowrey, Rosene and Weigand NOES: None ABSENT: None ABSTAIN: None ACTION: Approved with edits PUBLIC HEARING ITEMS: ITEM NO. 2 TENNIS CLUBHOUSE GRILL APPEAL (PA2021-210) Site Location: 1602 East Coast Highway, 5 and 11 Clubhouse Drive SUMMARY: An appeal of the Zoning Administrator's decision on December 16, 2021, to approve a minor use permit for an alcohol license within the existing lounge area of the Tennis Clubhouse. The applicant requests a Type 41 (On -Sale Beer & Wine — Eating Place) Alcoholic Beverage Control (ABC) License. The business will offer packaged food, light meals, and snacks as an accessory concession to the recreational tennis club. The concession space would primarily serve members and guests of the Tennis Club. No construction, late hours (after 11:00 p.m.), live entertainment, or dancing are proposed. The Planning Commission conducted a public hearing and approved the project as recommended by the following vote. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand NOES: None ABSENT: None ABSTAIN: None 13-1 Planning Commission Agenda Report for April 21, 2022 April 26, 2022 Page 2 ACTION: Approved as recommended ITEM NO. 3 PARK NEWPORT ROCK FALL MITIGATION (PA2021-099) Site Location: 500 Park Newport Drive SUMMARY: Request for a coastal development permit to allow for the installation of rock fall mitigation consisting of anchored mesh, K -rail barriers, and temporary tarps in select locations to prevent rock fall and landslide debris from impacting Back Bay Drive below the Park Newport community. The project also includes the installation of solider piles supporting two existing residential structures (Building 4 & Unit 4830) within Park Newport to mitigate against landslide risk. The Planning Commission conducted a public hearing and 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 STUDY SESSION: ITEM NO. 4 SENATE BILL 9 OVERVIEW AND IMPLEMENTATION (PA2021-277) Site Location: Citywide SUMMARY: Staff will provide the Planning Commission a presentation and discussion regarding proposed amendments to Titles 19 (Subdivisions) and 20 (Planning and Zoning) implementing Senate Bill No. 9 (SB 9). Effective on January 1, 2022, SB 9 enacted changes to state law that generally allow ministerial subdivisions and the construction of up to two units for lots that are designated for single-family use. Commissioner Rosene recused himself due to a conflict. The Planning Commission reviewed a report and presentation by Staff and received public comments. Feedback was provided to staff. The proposed amendment will be presented to the Planning Commission at a future public hearing tentatively scheduled for May 12, 2022. ACTION: No action was taken 13-2 April 26, 2022 Agenda Item No. 13 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, APRIL 21, 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 MARCH 17, 2022 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 TENNIS CLUBHOUSE GRILL APPEAL (PA2021-210) Site Location: 1602 East Coast Highway, 5 and 11 Clubhouse Drive Summary: An appeal of the Zoning Administrator's decision on December 16, 2021, to approve a minor use permit for an alcohol license within the existing lounge area of the Tennis Clubhouse. The applicant requests a Type 41 (On -Sale Beer & Wine — Eating Place) Alcoholic Beverage Control (ABC) License. The business will offer packaged food, light meals, and snacks as an accessory concession to the recreational tennis club. The concession space would primarily serve members and guests of the Tennis Club. No construction, late hours (after 11:00 p.m.), live entertainment, or dancing are proposed. Recommended Action: 1. Conduct a public hearing; 2. Find this project categorically 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. PC2022-006 affirming, in part the decision of the Zoning Administrator and approving with modifications Minor Use Permit No. UP2021-033 with the attached Findings and Conditions (Attachment No. PC 1). 1 of 2 ITEM NO. 3 PARK NEWPORT ROCK FALL MITIGATION (PA2021-099) Site Location: 5000 Park Newport Drive Summary: Request for a coastal development permit to allow for the installation of rock fall mitigation consisting of anchored mesh, K -rail barriers, and temporary tarps in select locations to prevent rock fall and landslide debris from impacting Back Bay Drive below the Park Newport community. The project also includes the installation of solider piles supporting two existing residential structures (Building 4 & Unit 4830) within Park Newport to mitigate against landslide risk. Recommended Action: 1. Conduct a public hearing; 2. Find this project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency) and section 15301 under Class 1 (Existing Facilities) 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 Back Bay Drive public right-of-way consisting of three sections of temporary k -rail that encroach in excess of 1 -foot into the 40 -foot wide Back Bay Drive public right-of-way or taller than 36 -inches in height; and 4. Adopt Resolution No. PC2022-007 approving Coastal Development Permit No. CD2021- 001 (Attachment No. PC 1). VIII. STUDY SESSION ITEM NO. 4 SENATE BILL 9 OVERVIEW AND IMPLEMENTATION (PA2021-277) Site Location: Citywide Summary: Staff will provide the Planning Commission a presentation and discussion regarding proposed amendments to Titles 19 (Subdivisions) and 20 (Planning and Zoning) implementing Senate Bill No. 9 (SB 9). Effective on January 1, 2022, SB 9 enacted changes to state law that generally allow ministerial subdivisions and the construction of up to two units for lots that are designated for single- family use. Recommended Action: Review and provide input and direction to staff. IX. 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 X. ADJOURNMENT — Adjourn Meeting to May 12, 2022. 2 of 2