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Home My WebLink About10 - Planning Commission Agenda and Action Report for September 21, 2023TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 10, 2023 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Assistant City Manager/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 September 21, 2023 CONSENT ITEMS: ITEM NO. 1 SUMMARY: ACTION MINUTES OF SEPTEMBER 7, 2023 Draft minutes from the September 7, 2023, meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested edits to the minutes. The edited minutes were approved by the following vote. AYES: Barto, Ellmore, Harris, Rosene, and Salene NOES: None ABSENT: None ABSTAIN: Langford and Lowrey Approved as amended. PUBLIC HEARING ITEMS: ITEM NO. 2 THE CHAMPIONS CLUB STAFF APPROVAL APPEAL (PA2023-0138) Site Locations: 1107 and 1171 Jamboree Road SUMMARY: An appeal of the Community Development Director's August 3, 2023, Staff Approval, finding substantial conformance to the previously approved Use Permit No. UP1697 and authorizing a new operator, Champion Management Group, Inc., to operate six existing tennis courts located on Parcel 2 of Resubdivision No. 413 under the name "The Champions Club." These six courts were previously part of the Palisades Tennis Club. There are no physical improvements proposed for the continued tennis operations, and pickleball activities of any kind are prohibited within the operation. The Palisades Tennis Club will continue to operate ten existing courts and clubhouse located on Parcel 1 of Resubdivision No. 413. The Planning Commission considered and granted a request of the appellant to continue the hearing. AYES: Barto, Ellmore, Harris, Langford, and Lowrey NOES: Rosene and Salene ABSENT: None ABSTAIN: None ACTION: Continue to the October 5, 2023, regular meeting of the Planning Commission. 10-1 Planning Commission Agenda Report for September 21, 2023 October 10, 2023 Page 2 ITEM NO. 3 NEWPORT AUTO CENTER (PA2020-319) Site Locations: 445 East Coast Highway SUMMARY: A request for a conditional use permit to demolish an existing 44,352-square-foot automobile dealership (Newport Beach Porsche) and construct a new 50,391- square-foot Newport Beach Porsche dealership within the Newport Auto Center. The new dealership includes a showroom, administrative offices, parts and service center, and attached three -level, 293-space parking structure. Additionally, the applicant requests a major site development review to increase the allowed height from a base height limit of 26 feet for flat roofs and 31 feet for sloped roofs to a maximum height of 35 feet with flat roofs and 40 feet for sloped roofs. There is a second 5,105-square- foot automobile dealership, Newport Beach Bentley, within the Auto Center which is existing to remain. The property is located in the coastal zone, and therefore the redevelopment requires a Coastal Development Permit. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-014. The Planning Commission conducted a public hearing and approved the project as recommended. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: None ABSTAIN: None RECUSAL: Barto ACTION: Approved ITEM NO.4 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0122) Site Locations: 800-984 Avocado Avenue SUMMARY: A request to amend the Newport Village Planned Community (PC-27) Development Plan to modify the definitions and the allowed uses of the area designated as Area 5 (Retail). The following list highlights the requested changes: • Within definitions, amend "Gross Floor Area" and 'Restaurant' to be consistent with the definitions provided in Chapter 20.70.020 (Definitions) of the Newport Beach Municipal Code (NBMC); • Update subsection A (Permitted Uses) to allow the same uses of the General Commercial (CG) Zoning District, subject to the same permitting requirements, as provided in Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC; • Strike and remove the entirety of Subsection B ("Site Plan Review Required"); • Strike and remove the entirety of Subsection C ("Uses Requiring a Use Permit'); and • Revise the Development Standards subsection to incorporate the update to the definition of Gross Floor Area. The Planning Commission conducted a public hearing and adopted a resolution recommending City Council adoption of the proposed amendment as drafted by the following vote. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSENT: None ABSTAIN: None ACTION: Recommend City Council adoption of the proposed amendment. 10-2 Planning Commission Agenda Report for September 21, 2023 October 10, 2023 Page 3 DISCUSSION ITEMS: ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION AMENDMENT (PA2020-319) Site Locations: Citywide SUMMARY: In September 2022, the Newport Beach City Council adopted the General Plan 6th Cycle Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) in October 2022. The certified Housing Element (Housing Element) pledges to rezone new sites for housing to satisfy the 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. The initial site selection is provided in Appendix B of the Housing Element. The City must implement the rezoning policy actions by February 2025, although the City has an additional year for sites in the Coastal Zone. To accomplish this task, the City must update the General Plan Land Use Element to be consistent with the Housing Element and the City must adopt appropriate zoning regulations to implement the policies. Part of the zoning implementation includes identifying objective design standards for future housing as well as the creation of review procedures that allow certain types of housing by right. This study session will focus on draft Land Use Element policy revisions, draft Housing Opportunity Overlay Zoning Districts, and draft Objective Design Standards. The Planning Commission received a summary presentation from staff, received public comments, and discussed the draft documents and schedule. ACTION: Received presentation. 10-3 September 19, 2023 2023 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT PROJECT TENTATIVE MEETING SCHEDULE September 21 Planning Commission 1. AutoNation Dealership CDP/SDR/CUP at 445 East Coast Hwy (PA2020-319) — David District 3 2. Study Session, Housing Element Implementation amendments, housing overlays, and objective design standards — Jim, Ben, Jaime Citywide 3. Appeal of Staff Approval for The Champions Club at 1107 Jamboree Rd. (PA2023- District 4 0138) - David 4. Newport Village, Code Amendment for Definitions & Uses in Area 5 — Joselyn District 5 September 26 City Council 1. Study Session, CDM commercial land use and parking A-1 discussion — Liz/Joselyn District 6 2. Public Hearing, Consolidated Annual Performance and Evaluation Report for CDBG N/A program — Lauren 3. Consent, PSA Amendments with CSG Consultants, Inc., JLee Engineering, and Bureau N/A Veritas North America, Inc. for Building Related Services — Tonee Thai 4. Consent, lease agreement with Peregrine Realty Partners for 1201 Dove St., Suite 650 - District 3 Lauren September 28 Zoning Administrator 1. Pine Knot Motel CDP at 6302 West Coast Highway — Joselyn District 1 2. Porteous Condominiums at 303 and 305 Fernleaf Avenue — Melinda District 6 October 4 General Plan Advisory Committee Outreach plan, website engagement platform, schedule October 4 General Plan Update Steerinq Committee October 5 Planning Commission Cancel October 10 City Council 1. Public Hearing, Newport Village, CDM Plaza Code Amendment for Definitions & Uses in District 5 Area 5 — Joselyn 2. Consent, Lease for Newport Aquatic Center at 1 White Cliffs Dr. — Lauren District 3 3. Second Amendment to the Lighthouse Cafe Lease at 1600 W. Balboa Blvd. - Lauren District 1 October 12 Zoning Administrator 1. The NOW Massage MUP at 2600 E Coast Hwy — Jenny District 6 2. Rogers Gardens ABC Upgrade MUP at 2301 San Joaquin Hills — Joselyn District 6 3. Haronian Residence CDP at 413 Via Lido Soud (PA2023-0051) - Jenny District 1 October 11-13 California Coastal Commission 1. LCPA to timeshare definition for fractional home ownership PA2022-0202 - Jaime Coastal October 19 Planning Commission 1. Campbell Animal Keeping at 1691 Orchard Drive (PA2022-098) — Jenny District 3 2. Appeal of the approval of a CDP for the Dawson residence located at 2741 Ocean Blvd. District 6 (PA2022-0315) — David 3. (tentative) Code Amendments related to visitor -serving accommodations within the MU- Districts W2 and MU-CV/151h Street Zones (PA2023-0116) — Jaime 1, 2 & 5 4. Zoning Codes Cleanup - OCA Citywide October 24 City Council 1. Second Reading, Newport Village, CDM Plaza Code Amendment for Definitions & Uses District 5 in Area 5 — Joselyn October 25 Newport Village EIR Scoping Meeting (Liz) The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. September 19, 2023 October 26 Zoning Administrator 1. North Newport Center Annual DA Review — Joselyn 2. Nibeel Residence CDP at 206 Grand Canal PA2023-0111 - Jenny District 5 District 5 November 9 Planning Commission November 14 City Council 1. Public hearing, Tennis and Pickleball Club at Newport Beach at 1602 E. Coast Hwy. (PA2021-260) — David 2. Consent, lease agreement for lawn bowling at 1550 Crown Dr. N — Lauren/RSS 3. Public hearing, Housing Element Implementation, noise -related amendments and ALUC override PA2022-201 — Rosalinh District 5 District 6 District 3 November 16 Zoning Administrator November 28 City Council 1. Consent, Noise related amendments 2nd Readin PA2022-201 - Rosalinh District 3 November 30 Zoning Administrator December 7 Planning Commission 1. Residences at 1400 Bristol St. (PA2022-0296) — Liz 2. Residences at 1401 Quail St. PA2023-0040 - David District 3 District 3 December 12 City Council December 14 Zoning Administrator December 21 Planning Commission Director or ZA Level Actions None this week CDP Waivers None this week TBD Items 1. Wireless Facilities in public right-of-way, ordinance update — Ben/OCA 2. 20 Corporate Plaza General Plan Amendment PA2022-0158 — Joselyn Citywide District 2 Pending Coastal Commission 1. Small Cell Telecom Appeal at 38th Street and Lake Ave appeal (PA2019-113) — Ben 2. Coastal Act §30613 CDP jurisdiction change (PA2022-111) - Jim/Jaime/Dudek 3. 2022 LCPA #3 — Density Bonus ordinance update, Lido House Hotel expansion, Nonconforming uses and structures amendment — Jaime/Ben 4. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use change — Jaime/Chelsea/David 5. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay — Ben/Liz District 1 Coastal District 4 Coastal Coastal Coastal Planner Contact Information Seimone Jurjis, Community Development Director 949-644-3282 sour is new ortbeachca. ov Jim Campbell, Deputy CD Director Planning 949-644-3210 scam bell new ortbeachca. ov Jaime Murillo, Planning Manager 949-644-3209 murillo new ortbeachca. ov Jerry Arre ui, Planning Technician 949-644-3249 arre ui new ortbeachca. ov Chelsea Cra er, Senior Planner 949-644-3227 ccrager@newportbeachca.gov Danny Kopshever, Assistant Planner 949-644-3235 dko shever new ortbeachca. ov David Lee, Senior Planner 949-644-3225 dlee@newportbeachca.gov Oscar Orozco, Assistant Planner 949-644-3216 oorozco(a)newportbeachca.gov Joselyn Perez, Associate Planner 949-644-3312 jperez(a)newportbeachca.gov Jenny Tran, Assistant Planner 949-644-3212 jtran a(�newportbeachca.gov Rosalinh Ung, Principal Planner (PT) 949-644-3208 rung(a)newportbeachca.gov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland(a)newportbeachca.gov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan(a)newportbeachca.gov Ben Zdeba, Principal Planner 949-644-3253 bzdeba(a�newportbeachca.gov Lauren Wood ing-Whitlinger, Real Property Administrator 949-644-3236 Iwooding(a�newportbeachca.gov Dan Campagnolo, Systems Administration Manager 949-644-3231 dcampagnolo(a�newportbeachca.gov Tonee Thai, Deputy CD Director & Building Official 949-718-1867 tthai(a�newportbeachca.gov Brad Sommers, City Traffic Engineer 949-644-3326 bsommers(abnewportbeachca.gov September 26, 2023 Agenda Item No. 10 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 21, 2023 REGULAR MEETING — 6:00 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 SEPTEMBER 7, 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 THE CHAMPIONS CLUB STAFF APPROVAL APPEAL (PA2023-0138) Site Location: 1107 AND 1171 Jamboree Road Summary: An appeal of the Community Development Director's August 3, 2023, Staff Approval, finding substantial conformance to the previously approved Use Permit No. UP1697 and authorizing a new operator, Champion Management Group, Inc., to operate six existing tennis courts located on Parcel 2 of Resubdivision No. 413 under the name "The Champions Club." These six courts were previously part of the Palisades Tennis Club. There are no physical improvements proposed for the continued tennis operations, and pickleball activities of any kind are prohibited within the operation. The Palisades Tennis Club will continue to operate ten existing courts and clubhouse located on Parcel 1 of Resubdivision No. 413. Recommended Actions: 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) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-034 upholding the Community Development Director's approval authorizing a new operator for six existing tennis courts and finding substantial conformance with Use Permit No. UP1697 (PA2023-0138). 1 of 3 ITEM NO. 3 NEWPORT AUTO CENTER (PA2020-319) Site Location: 445 East Coast Highway Summary: A request for a conditional use permit to demolish an existing 44,352-square-foot automobile dealership (Newport Beach Porsche) and construct a new 50,391-square-foot Newport Beach Porsche dealership within the Newport Auto Center. The new dealership includes a showroom, administrative offices, parts and service center, and attached three -level, 293-space parking structure. Additionally, the applicant requests a major site development review to increase the allowed height from a base height limit of 26 feet for flat roofs and 31 feet for sloped roofs to a maximum height of 35 feet with flat roofs and 40 feet for sloped roofs. There is a second 5,105-square-foot automobile dealership, Newport Beach Bentley, within the Auto Center which is existing to remain. The property is located in the coastal zone, and therefore the redevelopment requires a Coastal Development Permit. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-014. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (Infill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-035 approving a Major Site Development Review, Conditional Use Permit and Coastal Development Permit to allow the demolition of an automobile dealership and construction of a new two -level automobile dealership with an attached three -level parking structure. ITEM NO. 4 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0122) Site Location: 800-984 Avocado Avenue Summary: A request to amend the Newport Village Planned Community (PC-27) Development Plan to modify the definitions and the allowed uses of the area designated as Area 5 (Retail). The following list highlights the requested changes: • Within definitions, amend "Gross Floor Area" and "Restaurant' to be consistent with the definitions provided in Chapter 20.70.020 (Definitions) of the Newport Beach Municipal Code (NBMC); • Update subsection A (Permitted Uses) to allow the same uses of the General Commercial (CG) Zoning District, subject to the same permitting requirements, as provided in Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC; • Strike and remove the entirety of Subsection B ("Site Plan Review Required"); • Strike and remove the entirety of Subsection C ("Uses Requiring a Use Permit'); and • Revise the Development Standards subsection to incorporate the update to the definition of Gross Floor Area. Recommended Actions: 1. Conduct a public hearing; 2. Find the amendment is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 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). The proposed 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; and 2 of 3 3. Adopt Resolution No. PC2023-036 recommending the City Council adopt an amendment to the Newport Village Planned Community (PC-27) Development Plan to update the definitions and allowed uses within Area 5. VIII. DISCUSSION ITEMS ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION AMENDMENT Site Location: Airport Area Summary: In September 2022, the Newport Beach City Council adopted the General Plan 6th Cycle Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) in October 2022. The certified Housing Element (Housing Element) pledges to rezone new sites for housing to satisfy the 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. The initial site selection is provided in Appendix B of the Housing Element. The City must implement the rezoning policy actions by February 2025, although the City has an additional year for sites in the Coastal Zone. To accomplish this task, the City must update the General Plan Land Use Element to be consistent with the Housing Element and the City must adopt appropriate zoning regulations to implement the policies. Part of the zoning implementation includes identifying objective design standards for future housing as well as the creation of review procedures that allow certain types of housing by right. This study session will focus on draft Land Use Element policy revisions, draft Housing Opportunity Overlay Zoning Districts, and draft Objective Design Standards. Recommended Action: 1. Discuss and provide input to staff. 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 3 of 3