HomeMy WebLinkAbout06-09-2022 - Planning Commission1 of 5
NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JUNE 9, 2022 REGULAR MEETING – 6:30 P.M. I. CALL TO ORDER - The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Koetting III. ROLL CALL PRESENT: Chair Lee Lowrey, Vice Chair Lauren Kleiman, Secretary Curtis Ellmore, Commissioner Peter Koetting, Commissioner Mark Rosene, Commissioner Erik Weigand ABSENT: Commissioner Sarah Klaustermeier Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Associate Planner Chelsea Crager, Associate Planner David Lee, and Department Assistant Amanda Lee Chair Lowrey moved Item No. 7: Report By The Community Development Director Or Request For Matters Which A Planning Commission Member Would Like Placed On A Future Agenda to after the roll call. IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES Deputy Community Development Director Campbell requested a postponement for Item No. 5: Code Update Related to Accessory Dwelling Units (PA 2021-113). VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MAY 26, 2022 Recommended Action: Approve and file
Motion made by Commissioner Koetting and seconded by Vice Chair Kleiman to approve the amended minutes of the May 26, 2022 meeting with Mr. Mosher’s proposed edits. AYES: Ellmore, Kleiman, Koetting, Lowrey, and Weigand NOES:
ABSTAIN: Rosene ABSENT: Klaustermeier ITEM NO. 2 PHILLIPS ENCROACHMENT (PA2022-064) Site Location: 312 Fullerton Avenue Summary: A request to waive City Council Policy L-6 for private as-built improvements consisting of on-grade steps and handrail that encroach up to three (3) feet into the Fullerton Avenue public right-of-way and a one (1) foot high block wall that encroaches up to eight (8) feet and six (6) inches into the 60-foot-wide public right-of-way. The Fullerton Avenue parkway within the public right-of-way extends approximately 12 feet from face of curb to the property line. Council Policy L-6 (“Policy”) prohibits the proposed steps since all hardscaping within the right-of-way shall be at-grade. The Policy prohibits the wall since structures are limited to a 1-foot projection into the right-of-way.
Planning Commission Regular Meeting Minutes June 9, 2022
2 of 5
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
has no significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, for non-compliant private improvements consisting of steps and a block wall 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. PC2022-013 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0079 (Attachment No. PC 2). Public Comment was received from:
Mr. Mosher questioned the appropriate governing body to evaluate the application and block wall height. Motion made by Commissioner Rosene and seconded by Secretary Ellmore to approve the Phillips Encroachment (PA2022-064).
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES: ABSTAIN: ABSENT: Klaustermeier VII. PUBLIC HEARING ITEMS ITEM NO. 3 HERRING RESIDENCE VARIANCE (PA2022-008) Site Location: 201 Crystal Avenue Summary: To accommodate the addition of a roof structure over an existing outdoor kitchen area on the third-floor deck of a single-family residence, the Applicant requests a variance from the additional step back
requirements for third floor covered decks as described in Newport Beach Municipal Code (NBMC) Section 20.48.180 (Residential Development Standards and Design Criteria). Due to the substandard lot size, the proposed roof structure provides a step back of one foot and 6 inches from the front setback line (16 feet 6 inches from the front property line), where NBMC Section 20.48.180 requires
third floor covered deck area to be stepped back a minimum of fifteen (15) feet from the front setback line (25 feet from the front property line). 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) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2022-014 approving Variance No. VA2022-001 (Attachment No. PC
1). Associate Planner Crager utilized a presentation to review the Herring residence variance, vicinity map, variance
request, roof deck floor plan, roof over the outdoor kitchen, third floor setback, CEQA review, and recommended action.
Planning Commission Regular Meeting Minutes June 9, 2022
3 of 5
In response to Commissioner Koetting’s question, Assistant City Attorney Summerhill confirmed a code requirement exists that prohibits a room enclosure and can be added as a Condition of Approval or be modified in an existing Condition of Approval for abundant clarification.
Commissioners disclosed no ex parte communications. Chair Lowrey opened the public hearing. Mr. Mosher noted the house faces Park Avenue and architectural house elevations on the Crystal Avenue side and proposed a review of the setback requirements along Park Avenue.
Barry Walker, applicant representative, agreed to the Conditions of Approval in the resolution as proposed, as well as the room enclosure prohibition.
Chair Lowrey closed the public hearing.
In response to Commissioner Rosene’s question, Associate Planner Crager indicated that properties along Park Avenue are not identified on the setback maps and the reason for the 20-foot front setback. Motion made by Secretary Ellmore and seconded by Commissioner Rosene to approve the Herring Residence
Variance (PA2022-008) with the added Condition of Approval prohibiting the applicant from enclosing the structure.
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES: ABSTAIN:
ABSENT: Klaustermeier
ITEM NO. 4 22ND STREET LOFTS (PA2022-011) Site Location: 106, 108, and 110 22nd Street Summary: The applicant requests to demolish three existing structures and construct a new three-story mixed-
use building. The new mixed-use building will consist of one commercial condominium (2,647 sf) containing three suites on the ground floor and three residential condominium units (7,073 sf) on the second and third levels. The project includes a floor area ratio increase from 0.75 to 1.0 for the residential component of the project pursuant to Senate Bill No. 478 (SB 478), which requires local jurisdictions to allow a floor area ratio of at least 1.0 for housing development projects of 3 to seven units. The project includes the following application requests:
● A site development review is requested to allow the construction of a mixed-use structure and to increase the allowed height from the base height limit of 26 feet for flat roofs and 31 feet for sloping
roofs to a height limit of 35 feet within the shoreline height limitation area. ● A conditional use permit is requested to waive seven of the 10 required parking spaces for the commercial use. The design complies with residential parking standards by providing two covered spaces and one guest space per unit. ● A coastal development permit is requested to allow development within the coastal zone and to increase the allowed height from the base height limit of 26 feet for flat roofs and 31 feet for sloping roofs to a height limit of 35 feet within the shoreline height limitation area.
● A tentative parcel map is requested to merge three underlying legal lots and to allow for each residential unit and the commercial component to be sold separately as condominiums. Recommended Action:
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) and
Planning Commission Regular Meeting Minutes June 9, 2022
4 of 5
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Approve Adopt Resolution No. PC2022-015 approving Site Development Review No.
SD2022-001, Conditional Use Permit UP2022-001, Coastal Development Permit No. CD2022-005, and Tentative Parcel Map No. NP2022-001. Deputy Community Development Director Campbell utilized a presentation to provide an overview of the the 22nd Street Lofts project including vicinity maps, existing development, proposed site plan, commercial and residential components, requested entitlements, Senate Bill (SB) 478 (Weiner) floor area ratio (FAR) increase, height increase
analysis and exhibits, commercial parking waiver, parcel map, Coastal Development Permit, and recommended action. Furthermore, Deputy Community Development Director Campbell deleted Condition of Approval 12. Commissioners Rosene, Kleiman, Koetting, Ellmore, and Weigand disclosed meeting with the applicant and touring the site and Chair Lowrey reported having spoken with the applicant by phone.
Chair Lowrey opened the public hearing. Rush Hill, Consultant to the applicant, and Ryan McDaniel, Principal Architect with Brandon Architects, utilized a presentation to review the property purpose, vicinity map, existing conditions and use photos, project location
and public parking, existing and proposed parking diagrams, project proposed public amenities and challenges, 22nd Street existing and proposed elevation images and roof heights, 22nd Street and Ocean Front existing
perspective, 22nd Street and Balboa Boulevard existing and proposed perspectives, roof height and visibility section, and design awards. In response to Commissioner Koetting’s question, Mr. McDaniel indicated that further study is required to determine if Palm trees could be added outside the property line.
In response to Chair Lowrey’s question, Mr. McDaniel noted groundbreaking in Fall 2022. In response to Commissioner Rosene’s question, Mr. McDaniel indicated that the trash resource will be shared by the entire alley. In response to Commission Koetting’s question, Mr. McDaniel utilized the presentation to identify an elevator
pit. Steve Rosansky, Newport Beach Chamber of Commerce President/CEO, supported the project.
Andy Fathollahi supported the project. Kyle Hansen, Recycle For Veterans Founder/President, supported the project. Austin Ezzel supported the project.
Rush Hill agreed to the Conditions of Approval on behalf of the applicant. Chair Lowrey closed the public hearing.
Commissioner Weigand noted that the project relieves trash and vehicular challenges and expressed the opinion that it is a great project for the community.
Secretary Ellmore concurred with Commission Weigand and noted the thoughtful design. Commissioner Koetting noted an outstanding design and owner-occupied property, the trash options,
functional covered parking, the two-foot alley dedication, a clever radius wall at the back of retail suite, and recessed retail front doors.
VIII.
Planning Commission Regular Meeting Minutes
June 9, 2022
Motion made by Commissioner Weigand and seconded by Secretary Ellmore to approve the 22nd Street Lofts
(PA2022-011) with Condition of Approval 12 stricken.
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN :
ABSENT: Klaustermeier
STUDY SESSION
ITEM NO. 5 CODE UPDATE RELATED TO ACCESSORY DWELLING UNITS (PA2021-113)
Site Location: Citywide
Item No. 5 was postposed at the request of Deputy Community Development Director Campbell.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6
None
ITEM NO. 7
MOTION FOR RECONSIDERATION
REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MA TIERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A
FUTURE AGENDA
Deputy Community Development Director Campbell and members of the Planning Commission thanked
Commissioner Koetting for his eight-year service to the Planning Commission, acknowledged his time,
diligence, and commitment, and presented him with gifts. Commissioner Koetting shared sentiments of his
time on the Planning Commission and thanked Mr. Mosher for his participation.
Deputy Community Development Director Campbell reported that the next Planning Commission meeting will
take place on July 7, 2022 for the annual election of new positions along with two other items. Furthermore,
he announced that the June 23, 2022 meeting is cancelled.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
None
X. ADJOURNMENT -The meeting adjourned at 7:28 p.m. on June 9, 2022.
The agenda for the June 9, 2022, Planning Commission meeting was posted on Friday, June 03, 2022,
at 12:30 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the
Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, June 03, 2022, at
12:33 p.m.
~
Lauren Kleiman, Chairman
Mark Rosene, Secretary
5 of 5