The URL can be used to link to this page

Home My WebLink About12 - Planning Commission Agenda and Action ReportSEW P0_ u ram-_ r c q<� Fo FzN�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report April 25, 2023 Agenda Item No. 12 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 20, 2023 ITEM NO. 1 MINUTES OF MARCH 23, 2023 SUMMARY: Draft minutes from the March 23, 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: Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore ABSTAIN: Barto ACTION: Approved as amended PUBLIC HEARING ITEMS: ITEM NO. 2 KALAVERAS RESTAURANT (PA2022-0263) Site Location: 900 North Bristol Street SUMMARY: A request for a conditional use permit to make up to 940 square feet of the temporary outdoor dining patio permanent. The applicant also requests to expand the licensed premises of the existing Type 47 (On -Sale General — Eating Place) Alcohol Beverage Control (ABC) License to include the outdoor dining patio and to increase the hours of operation to between 10 a.m. to 2 a.m., daily. No live entertainment or dancing is requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Minor Use Permit No. UP2017-009. The Planning Commission conducted a public hearing and approved the project as recommended, including making several minor changes to the conditions of approval, by the following vote: AYES: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore ABSTAIN: None ACTION: Approved as recommended 12-1 Planning Commission Agenda Report for April 20, 2023 April 25, 2023 Page 2 ITEM NO. 3 FRACTIONAL OWNERSHIP CODE AND LCP AMENDMENT (PA2022-0202) Site Location: Citywide SUMMARY: Amendments to Sections 20.48.220 (Time Share Facilities) and 20.70.020 (Definitions of Specialized Terms and Phrases) of Title 20 (Planning and Zoning Code) of the Newport Beach Municipal Code (NBMC), and to Sections 21.48.025 (Visitor Accommodations) and 21.70.020 (Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The proposed amendments would modify the definition of time shares to clearly include fractional homeownership units. As a time share use, fractional ownership would be prohibited in all residential zoning districts and only allowed in certain commercial and mixed -use zoning districts subject to existing time share regulations. The Planning Commission conducted a public hearing and approved the proposed code changes as recommended by the following vote. The Commission requested staff review the code carefully to ensure unintended consequences are avoided. AYES: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore ABSTAIN: None ACTION: Approved as recommended ITEM NO.4 NONRESIDENTIAL PARKING CODE AMENDMENTS (PA2021-104) Site Location: Citywide SUMMARY: Consistent with the City Council's initiation on January 26, 2021, the proposed amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) serve to simplify and modernize some of the City's parking regulations. The proposed changes include the following: • Allowing the Community Development Director to reduce off-street parking requirements by up to 20 percent when acceptable evidence is provided; • Allowing a reduction in off-street parking requirements when bicycle parking is provided in areas with a demonstrated demand; • Allowing a reduction in off-street parking requirements when a designated ride - share (e.g., Uber and Lyft) space is provided; • Altering the food service, eating and drinking establishment parking requirements to remove the consideration of "net public area"; and • Replacing the "take-out service, limited" land use definition with "take-out service —fast -casual" allowing up to 20 seats. The Planning Commission conducted a public hearing and approved the project as recommended by the following vote. AYES: Barto, Harris Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore ABSTAIN: None ACTION: Approved as recommended 12-2 Planning Commission Agenda Report for April 20, 2023 April 25, 2023 Page 3 ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION, NOISE -RELATED AMENDMENTS (PA2022-0201) Site Location: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Gold Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. SUMMARY: Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour areas specified by the 2008 John Wayne Airport Environs Land Use Plan, and as illustrated in the attached Noise Contours and Housing Opportunity Sites Map. The Planning Commission continued the item to May 4, 2023, by the following vote. AYES: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None ABSENT: Ellmore ABSTAIN: None ACTION: Continued to May 4, 2023 12-3 April 25, 2023 Agenda Item No. 12 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, APRIL 20, 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 MARCH 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 KALAVERAS RESTAURANT (PA2022-0263) Site Location: 900 North Bristol Street Summary: A request for a conditional use permit to make up to 940 square feet of the temporary outdoor dining patio permanent. The applicant also requests to expand the licensed premises of the existing Type 47 (On -Sale General — Eating Place) Alcohol Beverage Control (ABC) License to include the outdoor dining patio and to increase the hours of operation to between 10 a.m. to 2 a.m., daily. No live entertainment or dancing is requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Minor Use Permit No. UP2017-009. 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) and 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 3. Adopt Resolution No. PC2023-016 approving Planning Activity PA2022-0263 for a Conditional Use Permit to expand an existing eating and drinking establishment. 1 of 3 ITEM NO. 3 FRACTIONAL OWNERSHIP CODE AND LCP AMENDMENT (PA2022-0202) Site Locations: Citywide Summary: Amendments to Sections 20.48.220 (Time Share Facilities) and 20.70.020 (Definitions of Specialized Terms and Phrases) of Title 20 (Planning and Zoning Code) of the Newport Beach Municipal Code (NBMC), and to Sections 21.48.025 (Visitor Accommodations) and 21.70.020 (Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The proposed amendments would modify the definition of time shares to clearly include fractional homeownership units. As a time share use, fractional ownership would be prohibited in all residential zoning districts and only allowed in certain commercial and mixed -use zoning districts subject to existing time share regulations. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines, because it would not result in a direct or reasonably foreseeable indirect physical change in the environment; 3. Adopt Resolution No. PC2023-017 recommending the City Council adoption of a Code Amendment thereby to Section 20.48.220 (Time Share Facilities) and Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the Newport Beach Municipal Code related to time shares (PA2022-0202); and 4. Adopt Resolution No. PC2023-018 recommending the City Council authorize submittal of a Local Plan Amendment to the California Coastal Commission requesting to amend Sections 21.28.025 (Visitor Accommodations) and 21.70.020 (Definitions of Specialized Terms and Phrases) of the Newport Beach Municipal Code related to time shares (PA2022-0202). ITEM NO. 4 NONRESIDENTIAL PARKING CODE AMENDMENTS (PA2021-104) Site Locations: Citywide Summary: Consistent with the City Council's initiation on January 26, 2021, the proposed amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) serve to simplify and modernize some of the City's parking regulations. The proposed changes include the following: • Allowing the Community Development Director to reduce off-street parking requirements by up to 20 percent when acceptable evidence is provided; • Allowing a reduction in off-street parking requirements when bicycle parking is provided in areas with a demonstrated demand; • Allowing a reduction in off-street parking requirements when a designated ride -share (e.g., Uber and Lyft) space is provided; • Altering the food service, eating and drinking establishment parking requirements to remove the consideration of "net public area"; and • Replacing the "take-out service, limited" land use definition with "take-out service —fast -casual" allowing up to 20 seats. Recommended Action: 1. Conduct a public hearing; 2 of 3 2. Find this action is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). Further find this action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; 3. Adopt Resolution No. PC2023-019 recommending the City Council approve the Zoning Code Amendment modifying regulations pertaining to nonresidential parking; and 4. Adopt Resolution No. PC2023-020 recommending the City Council authorize staff to submit the Local Coastal Program Amendment to the California Coastal Commission. ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION, NOISE -RELATED AMENDMENTS (PA2022-0201) Site Locations: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Gold Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. Summary: Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour areas specified by the 2008 John Wayne Airport Environs Land Use Plan, and as illustrated in the attached Noise Contours and Housing Opportunity Sites Map. Recommended Action: 1. Conduct a public hearing; 2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense exemption because they would not result in physical environment impacts; and 3. Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise Amendment to the City Council (PA2022-0201). Vill. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION 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 ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3 of 3