HomeMy WebLinkAbout09-21-2023 - Planning Commission
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 - 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Led by Commissioner Barto III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene
ABSENT: None
Staff Present: Deputy Community Development Director Jim Campbell, City Attorney Aaron Harp, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Associate Planner Joselyn Perez, Planning Manager Jaime Murillo, Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez IV. PUBLIC COMMENTS Jim Mosher thanked staff for making the meeting agenda available for download as a single and complete file. V. REQUEST FOR CONTINUANCES Deputy Director Campbell reported the appellant for Item 2: The Champions Club Staff Approval Appeal (PA 2023-0138), Site Location:1107 And 1171 Jamboree Road, requested a continuance because they cannot be in attendance. Chair Ellmore opened the public hearing. Sean Matsler, applicant representative, requested the public hearing to take place and a decision on the appeal. Billy McQuade, Tennis Pro at the Palisades Tennis Club, supported a continuance. Jim Mosher noted the matter can be continued to the next Planning Commission meeting on October 5, 2023. Robert Struther requested the public hearing take place. Chair Ellmore closed the public hearing. Commissioner Salene thought it was an undue burden to the applicant to delay the public hearing. Commissioner Barto noted the matter is a de novo hearing and being heard for the first time and acknowledged the appellant’s cause is unknown. In response to Secretary Harris’ inquiry, Deputy Director Campbell indicated that while the October 5th Planning Commission meeting is a regularly scheduled Planning Commission meeting, there are no other agenda items planned for that date and typical practice is to avoid meetings for only one item. Chair Ellmore concurred that both parties should be present for the public hearing. Commissioner Lowrey supported one more public hearing opportunity with proper notice provided.
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VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 7, 2023 Recommended Action: Approve and file Motion made by Secretary Harris and seconded by Chair Ellmore to approve the minutes of the September 7, 2023 meeting with Mr. Mosher’s edits.
AYES: Barto, Ellmore, Harris, Rosene, and Salene NOES: None ABSTAIN: Langford and Lowrey ABSENT: None VII. PUBLIC HEARING ITEMS 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 Re-subdivision 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). Motion made by Chair Ellmore and seconded by Commissioner Langford to continue the item to October 5, 2023.
AYES: Barto, Ellmore, Harris, Langford, and Lowrey NOES: Rosene and Salene
ABSTAIN: None ABSENT: None 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
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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.
Commissioner Barto recused himself from the item due to real estate interests.
Senior Planner Lee used a presentation to outline the major site development review, conditional use permit,
and coastal development permit, project location, background, project request, existing site, proposed project, development standards, design and architecture highlights, scale and compatibility, landscape, public coastal
views and access, notable conditions of approval, and staff recommendation.
In response to Chair Ellmore’s question, Traffic Engineer Sommers defined a residential street as a street with homes along side or fronting it and Bayside Drive at a higher level than a residential street.
The Commissioners reported no ex parte communications. Chair Ellmore opened the public hearing. Moni Dosanj, applicant representative for Auto Nation, introduced the team, thanked staff for their support and
effort, and acknowledged and accepted the conditions of approval. Byung Yoo, project architect, showed a presentation to review the existing and proposed buildings.
In response to Commissioner Harris’ inquiry, the applicant reviewed the project status and confirmed the
applicant’s commitment to the project.
Vice Chair Rosene questioned the current entrance design, queuing area for the service area, and a potential impact to traffic on Coast Highway. He also mentioned possible concern about the use of the rooftop parking
lot area and suggested softening the aerial view with landscaping. In response, the applicant clarified that the rooftop parking is for car storage and employee parking. Aaron Albertson, civil engineer, noted a shared concern by staff for queuing and relayed that a traffic analysis demonstrated that the design was sufficient and would not back up on Pacific Coast Highway (PCH). Traffic Engineer Sommers reported having reviewed the
applicant’s queuing analysis study and programmatic elements and found it satisfactory. The applicant noted coordination with the Irvine Company, the adjacent property owner, and they expressed no objections to the
proposed design. In response to Commissioner Langford’s question, the applicant indicated that the proposal does not include pylon or monument signage.
Chip Sabadash, Vice President Real Estate for Auto Nation, relayed that no plans exist for shade structures on the rooftop parking structure. Deputy Director Campbell indicated that canopies cannot be added to the proposed parking structure without violating the height restrictions and that Solar Rights Act could provide for exemptions for solar panels atop the building.
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Chair Ellmore opened the public hearing.
Deputy Director Campbell stated that staff supports the recommendation. No members of the public testified. Chair Ellmore closed the public hearing.
Commissioner Lowrey thought the proposed design updates the look of the dealership and supported the recommendation. Secretary Harris liked the proposed design and appreciated the consideration given to Bayside Drive.
Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as amended. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None RECUSED: Barto 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 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.
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Associate Planner Perez used a presentation to review a vicinity map, the surrounding land uses, objectives, contents, and analysis of the proposed amendment, staff recommendation, and next steps.
In response to Commissioner Langford’s question, Deputy Director Campbell clarified that review of future development will be consistent with the site development review standards provided in the municipal code. In response to Vice Chair Rosene’s question, Deputy Director Campbell defined the difference between net public area and gross floor area for restaurant uses.
Commissioners reported no ex parte communications except for Chair Ellmore who disclosed a conversation with the applicant. Chair Ellmore opened the public hearing.
Shawna Schaffner, CEO of CAA Planning, noted that the shopping center is currently built out and at the
development limit when outdoor dining patios are included in the definition of gross floor area. She then used a presentation to review the Newport Village Planned Community map, intent of retail area (Section V.), proposed amendment, unchanged components, improved process, and requested action.
In response to Commissioner Langford’s question, Ms. Shaffner thought about 4,000 square feet would be freed up for future use if the resolution passed because patios are included in the current cap.
Chase Gilmore, Vice President of Development for the Irvine Company, stated that of the 4,000 sq. ft. freed
up by the updated definition of gross floor area, approximately, 600 square feet could be used toward the development of additional restaurant space; however, there is no plan to expand any portions of the shopping
center.
Jim Mosher suggested updating Area 3 of the PC text to reflect the current use and commented on the intent for the change to the gross floor area definition and permitted uses, and whether, and the October 25, 2023,
Newport Village environmental impact report (EIR) scoping meeting was related to the shopping center.
Ms. Schaffner stated that the EIR meeting noted by Mr. Mosher is not related to this matter.
Commissioner Langford expressed interest in the shopping center remaining specialty retail and supported the item as presented.
Motion made by Commissioner Langford and seconded by Commissioner Barto to approve the item as
recommended.
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None VIII. DISCUSSION ITEMS ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION AMENDMENT Site Location: 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.
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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.
Commissioner Langford recused himself due to parcels identified as housing opportunity sites owned in part by his
employer. Vice Chair Rosene recused himself due to potential financial interests by his employer. Deputy Director Campbell used a presentation to provide a brief background of the Housing Element, housing strategy rezone focus areas, the Housing Element Implementation program, the Land Use Element Update draft, including new
draft Policies 4.2 through 4.8, and draft Housing Opportunities Overlay Zones, and development standards.
Planning Manager Murillo continued the presentation to review the draft objective design standards (ODS), purpose, consultant partners, applicability, history of design review in Newport Beach, design guidelines versus design standards,
ODS approaches and focused topics, and shared three example standards for private streets, publicly accessible open spaces, and horizontal modulation.
Deputy Director Campbell noted that the guidelines touch upon all the standards areas shown in the presentation not just
the three examples highlighted and relayed the next steps of the review process.
Commissioner Barto expressed concern for “creating boxes” that are not economic. In response to his questions, Deputy Director Campbell encouraged a flexible and balanced approach to ODS development, relayed community engagement
and feedback, noted an open mind for suggestions from developers, supported avoiding a prescriptive approach to keep an eclectic look, and mentioned the modern development in the airport area.
In response to Commissioner Salene’s inquiry, Deputy Director Campbell stated that higher densities may be needed to
achieve the affordable housing goals and economic feasibility of projects.
Secretary Harris thanked staff and the volunteer groups for their work on this matter. In response to his question related to draft policy 4.7, Deputy Director Campbell explained the need for consistency with the General Plan designation of the
receiving parcel relative to a potential transfer of development.
In response to Commissioner Lowrey’s inquiry, Deputy Director Campbell stated that the next step is unknown if the vote fails in November 2024. He presented a few possible options and relayed that the State could deem the City out of
compliance without the zoning being place and they could decertify the Housing Element. In response to Chair Ellmore’s question, Deputy Director Campbell confirmed that Policy 4.2 specifies the areas and minimum/maximum dwelling units per acre and clarified that the Regional Housing Needs Assessment (RHNA) mandate
requires the City to provide housing opportunities (zoning) and not development.
Chair Ellmore stated for the record that over restricting ODSs could be problematic when different topography and situations are nonconforming and suggested broadening the ODS to provide for more latitude for atypical sites. Chair Ellmore invited the public to comment. Jim Mosher questioned the public’s awareness of the opportunity to comment on this matter, suggested geographic overlays with housing unit opportunities for all properties, ending access to the additional housing units when and if the City meets the RHNA requirement, and noted challenges following the report.
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IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None 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
Deputy Director Campbell reported that there will be a Planning Commission Meeting on October 5, 2023, to discuss The Champions Club Staff Approval Appeal (PA 2023-0138) and there are four itemsscheduled for the October 19, 2023, meeting. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Barto requested an excused absence on October 5, 2023. X. ADJOURNMENT - With no further business, Chair Ellmore adjourned the meeting at 7:48 p.m. The agenda for the October 19, 2023, Planning Commission meeting was posted on Friday, October 13, 2023, at 10:00 a.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Friday, October 13, 2023, at 10:15 a.m. _______________________________ Tristan Harris, Secretary _______________________________
Seimone Jurjis, Ex-Officio Secretary
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