HomeMy WebLinkAbout10 - Planning Commission Agenda and Action ReportTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
May 9, 2023
Agenda Item No. 10
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 May 4, 2023
ITEM NO. 1 MINUTES OF APRIL 20, 2023
SUMMARY: Draft minutes from the April 20, 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:
Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
Ellmore
ACTION: Approved as amended
PUBLIC HEARING ITEMS:
ITEM NO. 2 PARK NEWPORT LANDSLIDE AND ROCKFALL MITIGATION PROJECT
(PA2023-0034)
Site Location: The bluff and residential areas near 5000 Park Newport Drive
and Back Bay Drive at the bottom of the slope
SUMMARY: A request for a coastal development permit to allow the installation of anchored
mesh, temporary tarps, and k-rails to help mitigate the potential for rockfall from
the sloped area adjacent to the Park Newport community onto Back Bay Drive.
The project also includes the installation of soldier piles within the Park Newport
site near two existing residential buildings to further mitigate against landslide risk.
As the k-rails are located in the public right-of-way, the applicant is requesting a
waiver of Council Policy L-6 and an encroachment permit to retain the existing non-
compliant improvements, consisting of three sections of temporary k-rail that
encroach up to 12 feet, 8 inches into the 40-foot-wide public right-of-way at the
property.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and
Rosene
NOES: None
ABSENT: None
ABSTAIN: None
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Planning Commission Agenda Report for May 4, 2023
May 9, 2023
Page 2
ACTION: Approved as recommended
ITEM NO. 3 SPECIAL FLOOD HAZARD (VE) OVERLAY CODE AMENDMENTS (PA2018-075)
Site Location: West Ocean Front properties, generally located between 24th
Street and 48t" Street
SUMMARY: The City is proposing amendments to the Newport Beach Municipal Code (NBMC)
Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) to establish a new Special Flood Hazard (VE) Overlay
District for properties along West Ocean Front, generally located between 24th
Street and 48th Street, and designated by the Federal Emergency Management
Agency (FEMA) as being in the VE Special Flood Hazard Area (VE Zone). The
proposed overlay would modify development standards for new residential
projects allowing raised walkways, decks, and stairs with necessary guardrails to
encroach into the front, side, and rear setback areas to provide reasonable use
and site access. The raised decks and walkways would be elevated similarly to the
required elevated finished floor of the new home.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and
Rosene
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved as recommended
ITEM NO.4 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 Golf 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 May 18, 2023, by the following vote.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and
Rosene
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Continued to May 18, 2023
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Planning Commission Agenda Report for May 4, 2023
May 9, 2023
Page 3
NEW BUSINESS:
ITEM NO. 5 PLANNING COMMISSION MEETINGS CHANGE OF TIME
Site Location: Citywide
SUMMARY: Proposal to modify the Rules of Procedures of the Planning Commission to change
the meeting start time from 6:30 p.m. to 6:00 p.m.
The Planning Commission received public comment and approved the change to the
meeting start time by the following vote.
AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and
Rosene
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved as recommended
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May 9, 2023
Agenda Item No. 10
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MAY 4, 2023
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER
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 APRIL 20, 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 PARK NEWPORT LANDSLIDE AND ROCKFALL MITIGATION PROJECT (PA2023-
0034)
Site Location: The bluff and residential areas near 5000 Park Newport Drive and
Back Bay Drive at the bottom of the slope
Summary:
A request for a coastal development permit to allow the installation of anchored mesh, temporary
tarps, and k-rails to help mitigate the potential for rockfall from the sloped area adjacent to the Park
Newport community onto Back Bay Drive. The project also includes the installation of soldier piles
within the Park Newport site near two existing residential buildings to further mitigate against
landslide risk. As the k-rails are located in the public right-of-way, the applicant is requesting a waiver
of Council Policy L-6 and an encroachment permit to retain the existing non -compliant improvements,
consisting of three sections of temporary k-rail that encroach up to 12 feet, 8 inches into the 40-foot-
wide public right-of-way at the property.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), Section
15301 under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New
Construction or 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;
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3. Waive City Council Policy L-6, Encroachments in the Public Rights -of -Way, to retain existing
non -compliant private improvements within the Back Bay Drive public right-of-way consisting
of three sections of temporary k-rail that encroach in excess of 1-foot into the 40-foot wide
Back Bay Drive public right-of-way or taller than 36-inches in height; and
4. Adopt Resolution No. PC2023-021 approving the Coastal Development Permit filed as
PA2023-0034.
ITEM NO. 3 SPECIAL FLOOD HAZARD (VE) OVERLAY CODE AMENDMENTS (PA2018-075)
Site Locations: West Ocean Front properties, generally located between 24th Street
and 48th Street
Summary:
The City is proposing amendments to the Newport Beach Municipal Code (NBMC) Title 20
(Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to establish a
new Special Flood Hazard (VE) Overlay District for properties along West Ocean Front, generally
located between 241h Street and 481h Street, and designated by the Federal Emergency
Management Agency (FEMA) as being in the VE Special Flood Hazard Area (VE Zone). The
proposed overlay would modify development standards for new residential projects allowing
raised walkways, decks, and stairs with necessary guardrails to encroach into the front, side, and
rear setback areas to provide reasonable use and site access. The raised decks and walkways
would be elevated similarly to the required elevated finished floor of the new home.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) in
accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(C)(2),
15060(c)(3), and 15378. The action is also exempt pursuant to State CEQA Guidelines
Section 15061(b)(3) because it has no potential to have a significant effect on the
environment. The Amendments themselves do not authorize development that would
directly result in physical change to the environment. Lastly, pursuant to CEQA Guidelines
Section 15265(a)(1), local governments are exempt from the requirements of CEQA in
connection with the adoption of a Local Coastal Program, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. PC2023-022 recommending the City Council approve PA2018-075,
including the Zoning Code Amendment and the Local Coastal Program Amendment, and
authorize staff to submit the amendment to the California Coastal Commission.
ITEM NO. 4 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 Golf 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.
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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).
VIII. NEW BUSINESS
ITEM NO. 5 PLANNING COMMISSION MEETINGS CHANGE OF TIME
Site Location: Citywide
Summary:
Proposal to modify the Rules of Procedures of the Planning Commission to change the meeting
start time from 6:30 p.m. to 6:00 p.m.
Recommended Action:
1. Invite public comment;
2. Find the proposed amendments exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 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
3. Modify the Rules of Procedures for the Planning Commission to change its regular meeting
start time to 6:00 p.m.
IX. 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
X. ADJOURNMENT
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