HomeMy WebLinkAbout1.0_Draft Minutes of January 5, 2023
NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 5, 2023
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 Harris III. ROLL CALL PRESENT: Vice Chair Curtis Ellmore, Secretary Mark Rosene, Commissioner Tristan Harris, Commissioner Sarah Klaustermeier, Commissioner Lee Lowrey ABSENT: None
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad
Sommers, Principal Planner Ben Zdeba, Assistant Planner David Lee, Senior Planner Makana Nova, Police Investigator Wendy Joe, Administrative Assistant Clarivel Rodriguez,
Department Assistant Savannah Martinez IV. ELECTION OF OFFICERS ITEM NO. 1 ELECTION OF OFFICERS Summary: Due to the election of Chair Kleiman to the City Council, the Vice Chair will act as the Chair until the
Commission elects a new Chair. If Vice Chair Elmore or Secretary Rosene is elected Chair, the Vice Chair or Secretary position will become vacant and that position should also be filled. There is the
potential for vacancies in all three positions depending on who is elected. Officers elected would serve for the rest of the term ending June 30, 2023.
Recommended Action:
1. Find this action not subject to the California Environmental Quality Act (“CEQA”) pursuant to
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3;
2. Nominate a Planning Commissioner to serve as the Chair, 3. If necessary, Nominate a Planning Commissioner for the Vice Chair and/or Secretary; and
3. Appoint the officers by majority approval of a motion either individually or as one motion for all
positions. A nomination was made by Commissioner Lowrey to elect Vice Chair Ellmore to Chair, Secretary Rosene to Vice Chair, and Commissioner Klaustermeier to Secretary. Vice Chair Ellmore opened the public hearing.
No public comment was received.
Vice Chair Ellmore closed the public hearing. AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None
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V. PUBLIC COMMENTS None VI. REQUEST FOR CONTINUANCES None VII. CONSENT ITEMS ITEM NO. 2 MINUTES OF NOVEMBER 3, 2022 Recommended Action: Approve and file Motion made by Vice Chair Rosene and seconded by Secretary Klaustermeier to approve the minutes of the
November 3, 2022, meeting with Mr. Mosher’s edits.
AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None VIII. PUBLIC HEARING ITEMS ITEM NO. 3 ARC BALBOA ISLAND CUP/CDP (PA2021-276) Site Location: 224 Marine Avenue Summary: A request to demolish the existing nonresidential building and to construct a new 1,102-square-foot building to be used as an eating and drinking establishment (restaurant). A conditional use permit is required to establish and operate the new restaurant and to waive required off-street parking spaces. The restaurant would operate with 999 square feet of outdoor dining area and there would be no interior dining area provided. The application includes the sale and service of alcoholic beverages with a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. The applicant does not propose to operate with late hours (after 11 p.m.), live entertainment, or dancing. The project also requires a coastal development permit, as the property is within the Coastal Zone. Recommended Action: 1. Conduct a public hearing; and 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction of Conversion of Small Structures) 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 the exceptions to the Class 3 exemption do not apply; and 3. Adopt Resolution PC2023-001 approving the Conditional Use Permit and the Coastal Development Permit submitted and reviewed pursuant to PA2021-276 (Attachment No. PC 1). Principal Planner Zdeba provided a presentation to review the vicinity map, land use designations, existing conditions, applicant’s request, and required City entitlements. He also shared images of the proposed building including a site plan, floor plans, elevations, and artist renderings. Lastly, he outlined the proposed restaurant’s operational characteristics, details and merit of the parking waiver, required findings, and conditions of approval, recommendations. He noted the City had received written correspondence and phone calls from the public expressing concern with the project, as well as written correspondence and phone calls expressing support. Based
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on some of the concerns raised regarding maintaining compatibility with the residences behind the property across the alley, he provided three additional recommended conditions addressing: (1) patron access through the rear; (2) employee breaks and smoking in the alley; and (3) employee drop-off and pick-up in the alley.
Commissioners reported no ex parte communications except for Commissioners Harris and Lowrey who spoke with a representative of the applicant and a few business owners on Marine Avenue. Chair Ellmore opened the public hearing.
The applicant, Marín Howarth von Blom, summarized her personal connection to Balboa Island, the intention of the building design, the restaurant layout, and outdoor dining space, as well as her hopes to bring the community together and invigorate passion among other area landowners. The applicant agreed to all the conditions of approval including the added conditions outlined by staff.
In response to Secretary Klaustermeier’s inquiry about the lack of indoor dining, the applicant relayed that the
exterior dining offers a unique and new experience for guests. In reply to Chair Ellmore’s question about incentivizing alternative modes of travel for employees, the applicant described parking incentives that included free employee meals and monthly gift card giveaways for those who
come to work by ferry, bike riding, carpool, and by foot.
In response to Vice Chair Rosene’s inquiry, the applicant believed retractable awnings or umbrellas can be added without including them on the plan. Principal Planner Zdeba noted the use of removable coverings is acceptable
if it does not create a permanent all-weather enclosure.
Suellen Waters expressed concern for noise disturbances to residents and opposed the outdoor dining concept.
Lauren Crammer supported outdoor dining and noted ample parking options.
John Noyes, an adjacent neighbor, expressed concern for the loss of parking spaces, deliveries and loading in the alley, natural debris between buildings, and requested more information on the proposed concrete wall barrier.
The owner of Wilma’s Patio, a nearby restaurant, expressed concern for the lack of parking options, noted an
increase in restaurant establishments and traffic, and asked for parking relief to help move the people around.
Scott Lissoy thanked the applicant and developer for their investment in the area and supported the project.
Michele Raney expressed concerns for alley access, safety, parking, traffic, and noise levels.
Larry Tucker supported the project and expressed the need for reinvestment in properties.
Principal Planner Zdeba relayed that the firewall is made of concrete block, compliant with all current building code and fire separation standards, and capped at the top to avoid debris from collecting between the buildings.
Chair Ellmore closed the public hearing. In response to Commissioner Lowrey’s query, City Traffic Engineer Sommers confirmed that the space adjacent
to the Starbucks is a green zone for limited parking and loading.
In reply to Commissioner Harris’ question, Principal Planner Zdeba relayed that other restaurants are subject to similar delivery challenges. Commissioner Harris noted the long-time parking challenges in the area, believed the project energizes the area, and shared his support. Commissioner Lowrey believed the project would bring life to the area, volunteered to join any future Ad-Hoc Committee to address parking alternatives on Balboa Island, and supported the project.
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Motion made by Commissioner Lowrey and seconded by Vice Chair Rosene to approve the item as recommended.
AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None ITEM NO. 4 SUGARFISH RESTAURANT (PA2022-0149) Site Location: 2600 East Coast Highway Summary: A conditional use permit to waive 19 required parking spaces with a parking management plan to establish a new food service, eating and drinking establishment (restaurant). The proposed restaurant would have approximately 729 square feet of net public area and would not include any outdoor dining areas. The restaurant’s operation includes the sale and service of alcoholic beverages with a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. The applicant does not propose to operate with late hours (after 11 p.m.), live entertainment, or dancing. Recommended Action: 1. Conduct a public hearing; and 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 PC2023-002 approving a Conditional Use Permit pursuant to PA2022-0149. Associate Planner Lee provided a presentation to review the conditional use permit, vicinity maps, project location, floor plan, operational characteristics, tenant spaces, parking waiver request, parking management plan, findings, and recommended action. Deputy Community Development Director Campbell indicated that staff and the police department have reviewed the applicant’s request for an 11 p.m. closing hour Monday through Friday and are in support. In response to Secretary Klaustermeier’s inquiry, Associate Planner Lee clarified that the valet parking option in the parking management plan will be implemented once the vacant suites are occupied and defined the conditioned hours of valet parking for the entire building. In reply to Commissioner Harris’ inquiry, Associate Planner Lee stated that valet parking is required once the vacancies are leased up and Deputy Community Development Director Campbell noted that Conditions of Approval 11 and 12 provide flexibility for the valet parking implementation requirement. Commissioners reported no ex parte communications. Chair Ellmore opened the public hearing. Cameron Broumand, applicant, used a presentation to provide the background of Sugarfish, history, menu, locations, and restaurant layout and design and agreed to the conditions of approval. Commissioner Lowrey thought that adequate parking is available and a need is not present to burden the applicant with a valet service expense now. Chair Ellmore closed the public hearing.
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Chair Ellmore expressed concern for parking availability during peak hours and recommended a condition of approval for valet parking on Saturday and Sunday until 8 p.m. effective immediately and no extension of operating hours Sunday through Thursday.
Chair Ellmore re-opened the public hearing. Chris Burt, of Cox, Castle & Nicholson and land use counsel for the project owner, noted a reduced parking volume after 5 p.m. Chair Ellmore expressed his continued concern for parking availability based on the restaurant’s past success. Mr. Burt requested the operating hours be permitted until 11 p.m. on Thursday, Friday, and Saturday to
allow patrons to finish dining. Lauren Crammer supported the project, no valet parking requirements, and an 11 p.m. closing hour.
Chair Ellmore closed the public hearing.
Vice Chair Rosene thought that 19 stalls are a lot of spaces and noted historic parking availability. In response to his question, Deputy Community Development Director Campbell indicated that flexibility for valet parking implementation is included in the conditions of approval, suggested a future parking need, and noted the option by the Community Development Director to eliminate or expand the valet parking requirement. City Traffic
Engineer Sommers explained the parking management plan process and pick-up location in the alley.
Commissioner Harris thought that parking will self-regulate itself and expressed his comfort with staff having the flexibility to implement valet parking as needed. In response to his question, Deputy Community Development
Director Campbell provided an update on the City-wide parking rates study, stated staff will bring forward some additional reforms in the next couple of months, noted alternative forms of transportation, and indicated the option
of removing the valet parking if it is not needed once the building is full.
Secretary Klaustermeier supported the item as drafted.
In response to Chair Ellmore’s question, Deputy Community Development Director Campbell was not aware of operating hours of other sushi restaurants in Corona del Mar and noted that staff will not be aware of tenant
occupancy without a building permit and certificate of occupancy and is reliant on the applicant to inform the City. Motion made by Vice Chair Rosene and seconded by Commissioner Harris to approve the item as recommended with the addition of extended operating hours to 11 p.m. on Thursday, Friday, and Saturday.
A friendly amendment was made by Commissioner Harris and supported by Vice Chair Rosene to allow for
operating hours until 11 p.m. every day.
AYES: Harris, Klaustermeier, Lowrey, and Rosene NOES: Ellmore ABSTAIN: None ABSENT: None ITEM NO. 5 HANNA RESIDENCES (PA2020-060) Site Location: 3014 Balboa Boulevard Summary: The applicant proposes to demolish the existing restaurant building and construct two residential condominiums totaling approximately 3,564 square feet. The proposed residential development will comply with all zoning requirements for the proposed R-2 zone and no deviations are requested. The following approvals are required to implement the project:
• General Plan Amendment – An amendment to the General Plan to change the land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT).
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• Code Amendment – An amendment to Title 20 (Planning and Zoning) to change the zoning district from Commercial Neighborhood (CN) to Two-Unit Residential (R-2) and to remove a front setback designation along the side from Setback Map S-2B.
• Local Coastal Program Amendment – An amendment to the Coastal Land Use Plan to change the coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 – 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to change the coastal zoning district from CN to Two-Unit Residential (R-2). Additionally, the amendment would remove a front setback designation along the side property line from Setback Map S-2B.
• Tentative Parcel Map – A tentative parcel map for two-unit condominium purposes to allow the units
to be sold individually.
• Coastal Development Permit – A coastal development permit for the demolition of the existing restaurant and construction of the new residential 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 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 that the exceptions to the Class 3 exemption do not apply; and 3. Adopt Resolution No. PC2023-003 recommending City Council approval of the General Plan Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map, and Coastal Development Permit (PA2020-060). Associate Planner Lee used a presentation to review a vicinity map for the subject property, property background, project request, Land Use Compatibility, project renderings, R-2 Development Standards, California Coastal Commission (CCC) staff concerns, commercial neighborhood properties, surrounding commercial, surrounding visitor-serving restaurants, and the cumulative effects of past Local Coastal Program Amendments (LCPAs). It was noted that City staff do not share the same concerns as CCC. The presentation further included the setback map amendments, findings, and recommended action. Commissioners reported no ex parte communications. Chair Ellmore opened the public hearing. The applicant representative thanked staff for their effort, thought it made sense to return the property to residential zoning, believed this change would improve the area and help reduce the residential deficit, and agreed to the conditions of approval. Chair Ellmore closed the public hearing. In response to Vice Chair Rosene’s question, Deputy Community Development Director Campbell noted the possibility of a Fair Share Fee that would get negated by a credit for the existing commercial, but school fees would be required, and plan checking fees. City Traffic Engineer Sommers clarified that the applicant is responsible for the crosswalk alignment improvement. Motion made by Secretary Klaustermeier and seconded by Commissioner Harris to approve the item as recommended.
AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN: None ABSENT: None
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ITEM NO. 6 ACCESSORY DWELLING UNIT ORDINANCE 2023 UPDATE (PA2021-113) Site Location: Citywide Summary: Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code updating regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections
65852.2 and 65852.22 that go into effect on January 1, 2023. The amendments also include revisions recommended by the Planning Commission Ad-Hoc Committee to incentivize ADU production. Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the
Government Code are exempt from the requirements of CEQA;
3. Adopt Resolution No. PC2023-004 (Attachment No. PC 1) recommending the City Council approve Zoning Code Amendment No. CA2021-005 modifying regulations pertaining to
accessory dwelling units; and
4. Adopt Resolution No. PC2023-005 (Attachment No. PC2) recommending the City Council authorizes staff to submit Local Coastal Program Amendment No. LC2021-003 to the California
Coastal Commission.
While the presentation was being set, Deputy Community Development Director Campbell noted study sessions, an Ad-Hoc Committee, and recent ADU law changes in the Accessory Dwelling Unit (ADU) ordinance update.
Senior Planner Nova used a PowerPoint presentation to provide a high-level summary of the changes to the ADU
Code and Local Coastal Program (LCP) Amendments. Ms. Nova reviewed the purpose of the Code Amendments, Planning Commission Ad-Hoc Committee process, ADU types, major changes in Standards State Law, Ad-Hoc
recommendation to allow for a walkout basement FAL exception, and Ad-Hoc committee recommendation to eliminate the 50 percent size limit for attached ADUs. She described the City’s four primary ADU incentives and
recommended Planning Commission action to recommend the changes to City Council. She noted several public inquiries were received regarding the ability to add square footage for new development and which development
types allow for ADUs.
Chair Ellmore opened the public hearing.
Jim Mosher expressed concern for blocked views by the proposed allowable increase in ADU height and asked for clarification on the ADU height limit. Chair Ellmore closed the public hearing.
Deputy Community Development Director Campbell explained his goal for a simple approach to height limits that
allow for an 18-foot limit for flat roofs and multifamily ADUs or ADUs within a half mile of transit and the added two feet for sloped roofs and four additional feet for a single family ADU. Commissioner Lowrey recognized staff for their support to the Ad-Hoc Committee and believed this
recommendation is a good direction for Newport Beach to move forward.
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In response to Vice Chair Rosene’s question, Senior Planner Nova confirmed that the roof pitch can be made steeper to achieve the height limits and reminded the Commission that the proposed ADU height limits do not exceed the current height limit of 24 feet flat or 29 feet pitched for single-family residential development.
Commissioner Harris expressed concern for blocked views with an ADU exceeding the principal dwelling unit. Deputy Community Development Director Campbell acknowledged his concern but did not share it because while the regulations as recommended could allow for this, the ADU would be smaller than a brand-new house that could be much taller than the existing structure. Motion made by Commissioner Lowrey and seconded by Chair Ellmore to approve the item as recommended. AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN: None
ABSENT: None IX. DISCUSSION ITEMS ITEM NO. 7 FRACTIONAL HOMEOWNERSHIP CODE AMENDMENT (PA2022-0202) Site Location: Citywide Summary: Staff will provide the Planning Commission with a brief update regarding the Fractional Homeownership Ad-Hoc Committee’s efforts reviewing and considering potential code updates pertaining to the regulation
of fractional homeownership. Recommended Action:
1. Receive a presentation on the status of Fractional Homeownership Ad-Hoc Committee efforts; and
2. Report to the City Council on the progress being made on Fractional Homeownership. Community Development Director Jurjis reported that the Ad-Hoc Committee is not ready at this time to make
a recommendation to the Planning Commission. Chair Ellmore invited public comment.
Jim Mosher expressed disappointment that a recommendation is not available yet.
Chair Ellmore closed public comment. X. STAFF AND COMMISSIONER ITEMS ITEM NO. 8 MOTION FOR RECONSIDERATION None 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
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Deputy Community Development Director Campbell indicated that three items are slated for the next Planning Commission meeting on January 19, the Planning Commission meeting on February 9 will be cancelled, and three items are noted for the February 23 meeting.
ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES None XI. ADJOURNMENT - The meeting was adjourned at 8:23 p.m.
The agenda for the January 5, 2023, Planning Commission meeting was posted on Friday, December 23, 2022, at 10:30 a.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, December 23, 2022, at 10:00 a.m. _______________________________ Curtis Ellmore, Chair _______________________________
Sarah Klaustermeier, Secretary
January 19, 2022, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF JANUARY 5, 2023
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 2, last paragraph, sentence 3: “Lastly, he outlined the proposed restaurant’s operational
characteristics, details and merit of the parking waiver, required findings, and conditions of
approval, and recommendations.”
Page 3, full paragraph 7: “Suellen Sue Ellen Waters expressed concern for noise disturbances
to residents and opposed the outdoor dining concept.” [see The Island Bridge membership list]
Page 3, full paragraph 8: “Lauren Crammer Kramer supported outdoor dining and noted ample
parking options.” [Lauren is the spouse of former PC Chair Kory Kramer]
Page 5, paragraph 4: “Lauren Crammer Kramer supported the project, no valet parking
requirements, and an 11 p.m. closing hour.”
Page 7, paragraph 1 of minutes: “While the presentation was being set up, Deputy Community
Development Director Campbell noted study sessions, an Ad-Hoc Committee, and recent ADU
law changes in the Accessory Dwelling Unit (ADU) ordinance update.”
Page 7, paragraph 2, sentence 2: “Ms. Nova reviewed the purpose of the Code Amendments,
Planning Commission Ad-Hoc Committee process, ADU types, major changes in Standards
State Law state law standards, Ad-Hoc Committee recommendation to allow for a walkout
basement FAL floor area limit exception, and Ad-Hoc committee Committee
recommendation to eliminate the 50 percent size limit for attached ADUs.”
[The PowerPoint slide titles creating the first confusion noted here read (on separate lines):
“Major Changes in Standards / State Law.” It could also be rendered “major changes in
standards (state law).”]
Page 9, paragraph 1: “Deputy Community Development Director Campbell indicated that three
two items are slated for the next Planning Commission meeting on January 19, the Planning
Commission meeting on February 9 will be cancelled, and three items are noted for the
February 23 meeting.”
[See video. The Tentative Schedule distributed at the January 5 meeting showed only two
items scheduled for January 19, which is what was said, although “a possible small third
item” was also mentioned.]
Planning Commission - January 19, 2023 Item No. 1a - Additional Materials Received Draft Minutes of January 5, 2023