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HomeMy WebLinkAbout0.0_Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 19, 2023 REGULAR MEETING - 6:00 P.M. CURTIS ELLMORE Chair MARK ROSENE Vice Chair TRISTAN HARRIS Secretary BRADY BARTO JON LANGFORD LEE LOWREY DAVID SALENE 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, Assistant City Manager/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 6:00 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 planningcommission@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. 2 of 4 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 19, 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 21, 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. This item was continued from the September 21, 2023, Planning Commission meeting, at the request of the appellant due to scheduling conflicts. 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). Planning Commission Regular Meeting Agenda October 19, 2023 3 of 4 ITEM NO. 3 MUNICIPAL CODE AMENDMENTS RELATED TO SHORT TERM LODGING (PA2023- 0116) Site Location: Citywide Summary: Amendments to Chapter 5.95 (Short Term Lodging Permit), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code that include the following: • Establishing regulations permitting short term lodging within the MU-W2 (Mixed-Use Water) and MU- CV/15th Street (Mixed-Use Cannery Village and 15th Street) zoning districts; • Changing the maximum cap of short term lodging permits from 1,550 permits Citywide to: 1) 1,475 permits in residential districts; and 2) 75 permits within the MU-W2 and MU-CV/15th Street zoning districts; • Correcting an inconsistency in the definition and use of short term lodging and bed and breakfast inn to mean a rental of 30 days or less; and • Revisions related to violations, suspensions, revocations, and permit closures. Recommended Actions: 1. Conduct a public hearing; 2. Find the recommended actions and the attached resolution exempt from 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; 3. Adopt Resolution No. PC2023-037 recommending the City Council adoption of a Code Amendment to Chapter 5.95 (Short Term Lodging Permit) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code related to short term lodging (PA2023-0116) (Attachment No. PC 1); and 4. Adopt Resolution No. PC2023-038 recommending the City Council authorize submittal of Local Coastal Plan Amendment to the California Coastal Commission requesting to amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code related to short term lodging (PA2023-0116) (Attachment No. PC 2). ITEM NO. 4 MUNICIPAL CODE AMENDMENTS (PA2022-0219) Site Location: Citywide Summary: The City Council established the Ad Hoc Municipal Code and Council Policy Review Committee to comprehensively review and amend the Newport Beach Municipal Code (NBMC) to reduce regulations, streamline processes, and generally eliminate outdated information and directed boards and commissions, including the Planning Commission, to establish an ad hoc committee to review the NBMC and City Council Policies within that particular body’s area of expertise with recommended revisions. At its August 3, 2023, meeting, the Planning Commission made recommended revisions to Title 19 (Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC in accordance with the Council’s direction. The recommendations include: Planning Commission Regular Meeting Agenda October 19, 2023 3 of 4 • Tentative Parcel Map Review – Eliminate the public hearing requirement for parcel maps for condominium purposes. • Bluff Overlay District – Eliminate conflicting code provisions by deleting the bluff overlay areas in Title 20 that are included in Title 21. • Take-Out Service—Fast-Casual – Change threshold for when a fast-casual take-out restaurant with no late hours requires a minor use permit (discretionary review). • Conversion or Demolition of Affordable Housing – Eliminate Chapters 20.34 and 21.34 as they are inapplicable to the City. Recommended Actions: 1. Conduct a public hearing; 2. Find the recommended action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 1506(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 3. Adopt Planning Commission Resolution No. PC2023-039, recommending City Council adoption of a Code Amendment to Title 19 (Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code incorporating the Ad Hoc Committee’s recommendations and other related revisions (PA2022- 0219) (Attachment No. PC 1). VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION 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 IX. ADJOURNMENT