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<,FORN'P City Council Staff Report
February 28, 2023
Agenda Item No. 11
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,
jampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for February 23, 2023
ITEM NO. 1 MINUTES OF JANUARY 19, 2023
SUMMARY: Draft minutes from the January 19, 2023, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and approved the draft
minutes with minor edits by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as amended
PUBLIC HEARING ITEMS:
ITEM NO. 2 THOMAS RESIDENCE (PA2022-0172)
Site Location: 700 West Ocean Front
SUMMARY: A coastal development permit to demolish an existing single-family residence and
construct a new 2,748-square-foot three (3)-story single-family residence with an
attached 532-square-foot two (2)-car garage. Additionally, the applicant requests
a variance to deviate from the following development standards of the Newport
Beach Municipal Code:
1. Rear Setback: Request for the first and second floor to encroach six (6) feet into
the required 10-foot rear setback and for the third -floor open deck and mechanical
well to encroach 3 feet, 9 inches into the rear setback;
2. Third -Floor Stepback: Request to encroach six (6) feet into the required 15-foot
third -floor stepback, which is measured from the required 10-foot rear setback line;
and
3. Floor Area: Request to increase the allowed gross floor area to 3,280, where the
maximum floor area limit is 3,128 square feet.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote.
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
11-1
Planning Commission Agenda Report for February 23, 2023
February 28, 2023
Page 2
ITEM NO. 3 SIT MEANS SIT FOR DOGS COMMERCIAL KENNEL (PA2022-132)
Site Location: 1662 Orchard Drive
Summary: A conditional use permit to establish an accessory commercial kennel operation in
conjunction with an existing single-family residence. The existing single-family
residence is currently being remodeled and would be occupied by the manager of the
site. The project includes construction of a new 1,000-square-foot garage and storage
structure; an approximately 833-square-foot kennel structure including 16 kennels,
exterior grass training area, grooming space, food preparation area, and restroom;
and a new parking area with three uncovered parking spaces including one
accessible space. The kennel would be operated as a board and train facility with a
maximum of 16 dogs at one time. The project includes a lot merger of two contiguous
lots, 1662 Orchard Drive and the unaddressed adjacent parcel (APN 439 251 10).
The lots are under common ownership and historically have been used as one
property.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
None
ACTION: Approved as recommended
ITEM NO. 4 FLETCHER JONES AIRPORT SHUTTLE AND CAR WASH (PA2022-128)
Site Location: 2172, 2192, and 2222 South Bristol Street
Summary: A proposal to renovate the existing Fletcher Jones Motorcars airport shuttle facility,
which offers shuttle service to and from John Wayne Airport and car wash service for
preferred owners. The project requires the approval of a conditional use permit to
allow the replacement of the existing car wash with a 4,293-square-foot enclosed car
wash and outdoor detailing bays. The applicant does not propose changes to their
current hours of operation which are: from 5 a.m. to 9 p.m., Monday through Saturday;
and 6 a.m. to 9 p.m., Sunday. As the use currently operates on three separate
parcels, the project also requires the approval of a lot merger to combine the parcels
into a single building site. If approved and implemented, Planning Director's Use
Permit No. UP2005-009 (PA2005-037) would be superseded.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
None
ACTION: Approved as recommended
11-2
Planning Commission Agenda Report for February 23, 2023
February 28, 2023
Page 3
ITEM NO. 5 BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT PLAN
(PM-1) IMPLEMENTATION (PA2017-046)
Site Location: Balboa Village, generally between Adams Street and A Street
on the Balboa Peninsula
Summary: Consideration of a coastal development permit in accordance with Subsection
21.28.030(E) (Parking Management [PM] Overlay District — Coastal Development
Permit Required) of the Newport Beach Municipal Code. If approved, this Coastal
Development Permit will implement the City's Balboa Village Parking Management
Overlay District Plan (PM-1), which was approved by the California Coastal
Commission on September 9, 2020, and subsequently adopted by City Council on
February 9, 2021. Once implemented, the PM-1 would primarily preserve existing off-
street parking, eliminate required off-street parking for most commercial uses, allow
parking reductions with a shared parking arrangement, and provide guidance for
efficient use of the existing parking supply within Balboa Village.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
None
ACTION: Approved as recommended
DISCUSSION ITEMS
ITEM NO. 6 FRACTIONAL HOMEOWNERSHIP PRESENTATION (PA2022-0202)
Summary: A discussion of potential regulation of fractional homeownership.
The Planning Commission received public testimony and discussed the ad -hoc
committee recommendation to regulate fractional homeownership. The
Commission's input and recommendations will be summarized for consideration by
the City Council on March 14, 2023.
ITEM NO. 7 APPEAL FEE DISCUSSION
Summary: A discussion of planning application appeal fees and a recommendation to the
Finance Committee and City Council.
The Planning Commission discussed planning application appeal fees. At the
conclusion of the discussion, the Planning Commission found offering a
recommendation to the City Council regarding appeal fees exempt from the California
Environmental Quality Act and recommends the City Council modify the Chapter 3.36
of the Newport Beach Municipal Code to refund appeal fees for successful planning
application appeals by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
None
ACTION: Approved as recommended
11-3
February 28, 2023
Agenda Item No. 11
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, FEBRUARY 23, 2023
REGULAR MEETING — 6:30 P.M.
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 JANUARY 19, 2023
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 THOMAS RESIDENCE (PA2022-0172)
Site Location: 700 West Ocean Front
Summary:
A coastal development permit to demolish an existing single-family residence and construct a new 2,748-
square-foot three (3)-story single-family residence with an attached 532-square-foot two (2)-car garage.
Additionally, the applicant requests a variance to deviate from the following development standards of the
Newport Beach Municipal Code:
1. Rear Setback: Request for the first and second floor to encroach six (6) feet into the required 10-
foot rear setback and for the third -floor open deck and mechanical well to encroach 3 feet, 9
inches into the rear setback;
2. Third -Floor Stepback: Request to encroach six (6) feet into the required 15-foot third -floor
stepback, which is measured from the required 10-foot rear setback line; and
3. Floor Area: Request to increase the allowed gross floor area to 3,280, where the maximum floor
area limit is 3,128 square feet.
1 of 4
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 or Conversion of Small Structures) of the CEQA
Guidelines, 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 PC2023-008 approving PA2022-0172 for a variance and coastal development
permit to demolish an existing single-family residence and construct a new single-family
residence.
ITEM NO. 3 SIT MEANS SIT FOR DOGS COMMERCIAL KENNEL (PA2022-132)
Site Location: 1662 Orchard Drive
Summary:
A conditional use permit to establish an accessory commercial kennel operation in conjunction with an
existing single-family residence. The project includes construction of a new 1,000-square-foot garage and
storage structure; an approximately 833-square-foot kennel structure including 16 kennels, exterior grass
training area, grooming space, food preparation area, and restroom; and a new parking area with three
uncovered parking spaces including one accessible space. The project includes a lot merger of two
contiguous lots, 1662 Orchard Drive and the unaddressed adjacent parcel (APN 439 251 10).
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 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
3. Adopt Resolution PC2023-009 approving PA2022-132 for a conditional use permit and lot merger
to establish a residential kennel.
ITEM NO. 4 FLETCHER JONES AIRPORT SHUTTLE AND CAR WASH (PA2022-128)
Site Location: 2172, 2192, and 2222 South Bristol Street
Summary:
A conditional use permit and lot merger to renovate the existing Fletcher Jones Motorcars airport shuttle
facility and carwash facility. The project would replace an existing open car wash with a 4,293-square-foot
enclosed car wash and outdoor detailing bays and other site modifications. The project also requires the
approval of a lot merger to combine three parcels into a single building site. If approved and implemented,
Planning Director's Use Permit No. UP2005-009 (PA2005-037) would be superseded.
Recommended Action:
1. Conduct a public hearing; and
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or
Reconstruction), and Section 15315 Class 15 (Minor Land Divisions) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution PC2023-010 approving PA2022-128 approving the Lot Merger and Conditional
Use Permit.
2 of 4
ITEM NO. 5 BALBOA VILLAGE PARKING MANAGEMENT OVERLAY DISTRICT PLAN (PM-1)
IMPLEMENTATION (PA2017-046)
Site Location: Balboa Village, generally between Adams Street and A Street on the Balboa
Peninsula
Summary:
A coastal development permit to implement the City's Balboa Village Parking Management Overlay
District Plan (PM-1), which was approved by the California Coastal Commission on September 9, 2020,
and subsequently adopted by City Council on February 9, 2021. If approved, the PM-1 would primarily
preserve existing off-street parking, eliminate required off-street parking for most commercial uses, allow
parking reductions with a shared parking arrangement, and provide guidance for efficient use of the
existing parking supply within Balboa Village.
Recommended Action:
1. Conduct a public hearing; and
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) and statutorily exempt under Sections 15262 and 15265
of the CEQA Guidelines, because it has not potential to have a significant effect on the
environment; and
3. Adopt Resolution PC2023-011 approving the Coastal Development Permit filed as PA2017-046.
Vill. DISCUSSION ITEMS
ITEM NO. 6 FRACTIONAL HOMEOWNERSHIP (PA2022-0202)
Summary:
A discussion of potential regulation of fractional homeownership.
Recommended Action:
Receive a presentation of the Planning Commission ad -hoc committee on fractional homeownership and
provide a recommendation to the City Council.
ITEM NO. 7 APPEAL FEE DISCUSSION
Summary:
A discussion of planning application appeal fees and a recommendation to the Finance Committee and
City Council.
Recommended Action:
Find any recommendation to the City Council regarding planning application appeal fees is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 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, because it has no potential
for resulting in physical change to the environment, directly or indirectly; and
2. Recommend the City Council modify the Chapter 3.36 of the Newport Beach Municipal Code to
refund appeal fees for successful planning application appeals.
3 of 4
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 8 MOTION FOR RECONSIDERATION
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
ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT
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