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Home My WebLink About0.0_Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MARCH 9, 2023 REGULAR MEETING - 6:30 P.M. CURTIS ELLMORE Chair MARK ROSENE Vice Chair SARAH KLAUSTERMEIER Secretary BRADY BARTO TRISTAN HARRIS JONATHAN LANGFORD LEE LOWREY 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: SEIMONE JURJIS, Community Development Director JIM CAMPBELL, Deputy Community Development Director YOLANDA SUMMERHILL, Assistant City Attorney BRAD SOMMERS, 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. Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. 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 Clarivel Rodriguez, Administrative Assistant, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3232 or crodriguez@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. Planning Commission Regular Meeting Agenda March 9, 2023 2 of 4 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MARCH 9, 2023 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 FEBRUARY 23, 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 MASON ENCROACHMENT (PA2022-0265) Site Location: 410 Tustin Avenue Summary: A request to waive City Council Policy L-6 - Encroachments in Public Rights-of-Way (“Policy”) for private as-built improvements consisting of the retention of stairs that encroach up to five (5) feet and nine (9) inches into the 60-foot-wide Tustin Avenue public right-of-way and a two (2)-foot and seven (7)-inch high block wall that encroaches up to eight (8) feet into the Tustin Avenue right-of-way. The Tustin Avenue parkway within the public right-of-way is approximately 12 feet from face of curb to the property line. The Policy prohibits the existing stairs and wall as structures are limited to a one (1)-foot projection into the right-of-way with heights not to exceed three (3) feet as measured from the top of curb elevation. 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, Encroachment in Public Rights-of-Way, for non-compliant private improvements consisting of stairs and a block wall that encroach into the Tustin Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit process being met (Attachment No. PC 1); and Planning Commission Regular Meeting Agenda March 9, 2023 3 of 4 3. Adopt Resolution PC2023-012 waiving City Council Policy L-6 and approving Encroachment Permit No. N2022-0520 (Attachment No. PC 2). ITEM NO. 3 MOTHER'S MARKET (PA2022-101) Site Location: 2510 and 2530 West Coast Highway Summary: A coastal development permit and traffic study for the modification of the 5,096-square-foot commercial component of a previously approved mixed-use development from an office use to a grocery store. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution PC2023-013 approving a Traffic Study and Coastal Development Permit (Attachment No. PC 1). VIII. NEW BUSINESS ITEM NO. 4 2022 Annual Plan Progress Report and Housing Element Report (PA2007-195) Site Location: Citywide Summary: A General Plan Annual Progress Report to summarize the City of Newport Beach’s progress with implementing the goals, policies, and programs of the General Plan. The report covers the period from January through December of each calendar year. The current report expansively covers the City’s activities in 2022. Recommended Action: 1. Find the preparation, review, and submission of the 2022 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA), as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2022 General Plan Progress Report, including the Housing Element Annual Progress Report; and 3. Adopt Recommend the City Council review and authorize the submittal of the 2022 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION Planning Commission Regular Meeting Agenda March 9, 2023 3 of 4 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