HomeMy WebLinkAbout12-07-2023 - Planning Commission
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NEWPORT BEACH PLANNING COMMISSION AMENDED MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, DECEMBER 7, 2023
REGULAR MEETING – 5:00 P.M.
COMMISSIONER LOWREY FROM TELECONFERENCE LOCATION PURSUANT TO GC§54953(B):
EMBASSY SUITES LOVELAND, 4705 CLYDESDALE PWKY., LOVELAND, COLORADO 80538. ROOM 610
I. CALL TO ORDER– 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Commissioner Langford
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner
Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene
ABSENT: Commissioner Brady Barto
Staff Present: Assistant City Manager/Community Development Director Jurjis, Deputy Community
Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic
Engineer Brad Sommers, Associate Planner Joselyn Perez, Assistant Planner Jenny Tran,
Senior Planner Liz Westmoreland, Administrative Assistant Clarivel Rodriguez, and
Department Assistant Savannah Martinez
IV. PUBLIC COMMENTS
None
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF NOVEMBER 9, 2023
Recommended Action: Approve and file
Motion made by Vice Chair Rosene and seconded by Commissioner Harris to approve the minutes of the
November 9, 2023.
AYES: Lowrey, Langford, Harris, Rosene, and Salene
NOES: None
ABSTAIN: Ellmore
ABSENT: Barto
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 PINE KNOT MOTEL CDP (PA2023-0027)
Site Location: 6302 West Coast Highway
Summary:
An appeal of the Zoning Administrator’s September 28, 2023, decision to approve a coastal development
permit to rehabilitate a 12-room motel that was significantly damaged by fire in 2018 and partially
demolished pursuant to Emergency Coastal Development Permit No. ECD2018-150. The project involves
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replacing the demolished portions of the structure, repairing the uninhabitable portions of the structure,
the addition of a partial second story at the front of the property, construction of a commercial trash
enclosure, and site improvements. Site improvements include but are not limited to, hardscaping,
drainage, and restriping of the existing parking lot. Approximately 306 square feet will be added to the
total gross floor area of the structure to modernize and enhance the usability of the motel. The rehabilitated
motel will maintain a relatively similar footprint to the damaged structure and will maintain the same
number of guest rooms.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 under Class 2 (Replacement of Reconstruction) 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; and
3. Adopt Resolution No. PC2023-041 denying the appeal and upholding and affirming the Zoning
Administrator’s approval of a Coastal Development Permit to allow the addition of a partial
second story and the rehabilitation of a 12-room motel filed as PA2023-0027.
Commissioner Harris recused himself due to a business relationship with a member of the applicant group.
Associate Planner Perez used a presentation to review the appeal of the Pine Knot Motel Coastal Development
Permit. She provided a vicinity map, history of the motel, described the 2018 fire, provided a project description,
explained why a coastal development permit is required and referenced the appealed decision of the Zoning
Administrator hearing, discussed the requested parking reduction, the visitor accommodations impact analysis
and mitigation fee and concluded with staff’s response to the appeal. Ms. Perez corrected condition of approval
no. 18 in the draft resolution to remove the reference to allowed Saturday construction hours.
Ex parte communications were disclosed by Commissioner Rosene, Salene, and Langford who spoke with a
representative of the applicant. The remaining Commissioners had no ex parte communications.
Chair Ellmore opened the public hearing.
Kevin Giz, applicant, thanked staff for their service to the City, mentioned letters emailed to the City from
supporters, and expressed his passion for the project and efforts.
Eric Aust, project architect, thanked staff for working collaboratively and reviewed the project scope and team,
current photos and site history, project goals, project renderings, and conclusion. Mr. Aust agreed with the
recommended conditions of approval.
Jim Mosher, appellant, used a presentation to explain the reason for this appeal. He questioned whether the
restoration qualified as diligent pursuit of a plan and expressed concern that the feasibility and impact analysis
for proving low cost overnight visitor accommodations (LCOVA) was inadequate. Mr. Mosher provided his
interpretation of the LCOVA considerations and reiterated his concerns regarding the reduced parking request
and suggested the conditions of approval may need additional review.
Renee Rimlinger, President Newport Shores Community Association, supported the project.
Jim Mosher noted public parking across Coast Highway is intended for beach visitors.
Deputy Community Development Director Campbel clarified that parking could be reduced to provide
accessible spaces in any other zone of the city, aside from the Coastal Zone, he stated that he thought the
PKF study was appropriate in its analysis and provided additional information on the consideration of the in-
lieu fee. He noted the insignificant impact to parking, and recommended approval.
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Chair Ellmore closed the public hearing.
In response to Commissioner Langford’s question, Deputy Community Development Director Campbell stated
that any new signs would need to be consistent with the sign code in the Newport Beach Municipal Code
(NBMC).
In response to Commissioner Lowrey’s question, Associate Planner Perez and the applicant did not have the
average daily rate before the fire available to share.
Vice Chair Rosene noted the project difficulty, commended the applicant and staff for finding a way to make it
work, and expressed his support for the project.
Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve staff’s
recommendation and include the correction in condition of approval 18.
AYES: Ellmore, Lowrey, Langford, Rosene, and Salene
NOES: None
ABSTAIN: Harris
ABSENT: Barto
ITEM NO. 3 SAGE HILL MIDDLE SCHOOL (PA2022-0277)
Site Location: 20402 Newport Coast Drive
Summary:
A major site development review, minor use permit, and traffic study to increase student enrollment from
600 to 750 students and to construct a new three-story, 38,658 square-foot middle school (i.e., grades 7-
8) and gymnasium building for Sage Hill School on the northern portion of the existing campus. The
proposed structure would exceed the remaining 20,166 square feet authorized by the original use permit;
therefore, the request includes an amendment to increase the total floor area on-site by 18,492 square
feet for a total of 160,392 square feet. The proposed middle school and gymnasium building includes eight
classrooms, a café, offices, storage rooms, outdoor learning areas, and approximately 824 bleacher seats
within the gymnasium. The proposed project also includes nighttime lighting and landscaping
improvements for the existing baseball field as well as landscaping improvements for the new school and
gymnasium building. Lastly, the project includes improvements to Newport Coast Drive to extend the
existing left turn lane at the intersection of Newport Coast Drive and the Coyote Canyon Landfill
Renewable Energy Facility (REF), which is intended to improve queuing capacity. No changes are
proposed to the existing high school facilities (i.e., grades 9-12) which will continue to be regulated by
County Use Permit No. PA97-0173.
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) and under Section 15314 under Class 14 (Minor
Additions to Schools) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3. Adopt Resolution No. PC2023-042 approving PA2022-0277 for a Major Site Development
Review, Minor Use Permit, and Traffic Study.
Assistant Planner Tran used a presentation to review the project location and description, background, use
permits and development standards, traffic study and queueing analysis, improvements to the left turn lane
pocket to meet future enrollment demands, City monument sign relocation with the improvements to the
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median, landscaping and lighting proposals, CEQA exemptions for Class 1 and 14, and staff
recommendations.
Ex parte communications revealed that Commissioner Rosene spoke with the applicant’s representative, while
the other Commissioners disclosed none.
Chair Ellmore opened the public hearing.
Shawna Schaffner, CEO of CAA Planning and representative to the applicant, thanked City staff for working
together on the project and used a presentation to review the background, proposed project, requested
approvals, school site views and elevations, materials board, photo renderings, view from Newport Coast
Drive, traffic study, offset school hours, and biological resources study. She stated that the applicant agrees
with the conditions of approval.
An unidentified student at Sage Hill supported the project.
Mike Baldwin, Sage Hill trustee and Chairman of the Board, supported the project and asked the Council for
approval.
Jim Mosher noted that the specific approval and PA number are missing in part 2 of the decision on handwritten
page 34.
Deputy Community Development Director Campbell concurred with Mr. Mosher’s note and asked that the PA
number be added, and the Commission accepted staff’s recommendation with the minor change.
Chair Ellmore closed the public hearing.
Commissioner Lowrey thought the addition is nice and will fit in well.
Secretary Harris liked the proposal and thought the queueing and traffic issues have been resolved.
Commissioner Langford thanked the public for attending the City Council meeting and encouraged graduated
students to return to Newport Beach if they leave the area for studies.
Chair Ellmore thought the project is fantastic.
Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve staff’s recommendation with
the modification to condition of approval number 34 and the minor insertion into the recommendation.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto
ITEM NO. 4 RESIDENCES AT 1400 BRISTOL STREET (PA2022-0296)
Site Location: 1400 and 1420 Bristol Street (North)
Summary:
Request for the demolition of two existing office buildings and the development of 229 apartment units
atop a 422-space parking structure and a pedestrian bridge that extends from the proposed project over
the Spruce Street right-of-way to the approved residential apartment project at 1300 Bristol Street
(Project). The following approvals are requested to implement the Project as proposed:
• General Plan Amendment (GPA) - A request to change the existing General Plan land use
designation of subject property from General Commercial Office (CO-G) to Mixed Use Horizontal 2
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(MU-H2) and add 64 dwelling units to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations)
to accommodate the Project;
• Planned Community Development Plan Amendment - An amendment to the Newport Place Planned
Community (PC-11) Development Plan (PC Text) to include the project site within the Residential
Overlay;
• Major Site Development Review - A site development review in accordance with the Newport Place
Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach
Municipal Code (NBMC), for the construction of the Project;
• Affordable Housing Implementation Plan - A plan specifying how the Project would meet the City’s
affordable housing requirements, in exchange for a request of 50% increase in density. The Applicant
seeks six development standard waivers related to park land dedication, building setbacks, building
height, private open space for each residential unit, common open space for the entire Project, and
overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and
Government Code Section 65915 (Density Bonus Law), and two development concessions related
to the mix of affordable units and partial park in-lieu fee payment, pursuant to Chapter 20.32 (Density
Bonus) of the NBMC and Government Code Section 65915;
• Development Agreement – A Development Agreement between the Applicant and the City, pursuant
to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the
Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated
public benefits to the City;
• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC;
and
• Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum) -
Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably
foreseeable environmental impacts resulting from the Project.
Recommended Actions:
1. Conduct a public hearing;
2. Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program Environmental Impact
Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach
Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in
accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines,
an addendum to the previously adopted PEIR is the appropriate environmental documentation
for the project; and
3. Adopt Resolution No. PC2023-043 recommending the City Council adoption of Environmental
Impact Report Addendum, and approval of General Plan Amendment, Planned Community
Development Plan Amendment, Major Site Development Review, Affordable Housing
Implementation Plan, Traffic Study, and Development Agreement, for the Residences at 1400
Bristol Street Project located at 1400 and 1420 North Bristol Street (PA2022-0296).
Senior Planner Liz Westmoreland used a presentation to review the project location and description,
entitlements requested, dwelling unit count summary, Charter Section 423 Analysis, site plan overview,
pedestrian bridge, renderings (Bristol/Spruce intersection), density bonus and affordable housing
implementation plan (AHIP), development agreement, CEQA addendum and traffic study, revisions to the
conditions of approval, revision to “Exhibit C” of the resolution, recommendation, and next steps.
In response to Commissioner Langford’s inquiry, Deputy Community Development Director Campbell
confirmed the California Department of Housing and Community Development (HCD) has accepted all the
units as part of Regional Housing Needs Assessment (RHNA) requirement and they are included in the
Housing Element.
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In response to Secretary Harris’ question, Senior Planner Westmoreland stated that the cost of the sewer line
improvement is roughly $750,000 and noted different forms of cost sharing.
In response to Vice Chair Rosene’s questions, Senior Planner Liz Westmoreland noted that other approved
projects contribute to the sewer line excess along with this project and 1401 Quail with a cumulative impact
over time. Assistant City Manager Jurjis stated that the City identified development agreement fees with three
different property owners and will, most likely, use the funds to replace the sewer line. He noted that the City
will eventually have to replace the sewer line once all the projects are done.
Ex parte communications with the applicant’s representative were disclosed by Commissioners Salene, Harris,
and Ellmore. Vice Chair Rosene disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
Greg Nakahira, applicant, thanked City staff for working together and congratulated Deputy Community
Development Director Campbell on his retirement. He used a presentation to review the project at 1400 Bristol,
project team, and The Picerne Group background.
Satish Lion, The Picerne Group, reviewed One Uptown Newport and the project advancements.
Corey Bitting, TCA Architects, discussed the design highlights, reviewed the ground level, podium level, and
roof deck maps, renderings for Bristol and Spruce, Spruce entry, Bristol entry, and layout and community
support and project commitments.
Mr. Nakahira noted the support from the community, letters of support, and their commitment to the community.
He noted no issues with the revisions to the conditions of approval and stated that the applicant will agree with
the conditions of approval.
In response to Commissioner Salene’s question, Mr. Nakahira noted the different amenities at each property
connected by the bridge.
In response to Vice Chair Rosene’s question, Mr. Nakahira stated that Elevator Two is full size and is dedicated
to move-ins and the loading and unloading zone will accommodate lease up and move ins.
In response to Secretary Harris’ question, Mr. Lion relayed that affordable units are spread throughout the
project.
Jim Mosher thought the bonus units will count toward the RHNA at market rate, relayed challenges with
meeting the RHNA quota for middle, low, and very low-income units, questioned the unlimited waivers of
development standards, and expressed concern for lack of sun exposure in the center courtyard, traffic noise
relevant to local roadways, and energy neutral standards.
Senior Planner Westmoreland noted the condition of approval that addresses noise issues and requires a
noise analysis by the applicant, energy analysis is for information only, and project will be subject to Cal Green
standards. She clarified that the density bonus law and NBMC allows the applicant to request as many
development standard waivers as needed to make the project physically fit.
Assistant City Attorney Summerhill noted legal cases that interpreted the development standard waivers very
generously and the City has followed those precedents.
Chair Ellmore closed the public hearing.
Commissioner Lowrey thought the findings seem right on, building is a nice addition, and project will help chip
away at the RHNA numbers.
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Vice Chair Rosene thought the project is a great addition to the airport area and findings can be made and
supported the project.
Commissioner Langford applauded The Picerne Group, and everyone involved, liked local investment, and
appreciated a well thought out project.
Secretary Harris expressed excitement for the project and appreciation for a good operator.
Chair Ellmore noted that the airport area will be a different place in the future, the quality of the project is
trailblazing, and an interest in the project setting a precedent, and applauded the applicant for bringing forward
a thoughtful project.
Motion made by Secretary Harris and seconded by Commissioner Salene to approve staff’s recommendation
with the revisions to the conditions of approval stated by staff.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
None
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
Chair Ellmore announced Jim Campbell’s retirement and recapped his career history with the City, thanked him
for his service, and noted his professionalism. Mr. Campbell expressed gratitude and pleasure for his time working
for the City of Newport Beach and thanked staff for the opportunity. He noted that the December 14 Planning
Commission meeting is canceled, and four items are scheduled for the December 21 meeting.
Jim Mosher expressed appreciation for Mr. Campbell’s professionalism.
Jack Campbell, son to Jim Campbell, relayed pride in his dad’s accomplishments.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
None
IX. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 6:52 p.m.
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The amended agenda for the December 7, 2023, Planning Commission meeting was posted on Friday,
December 01, 2023, at 3:30 p.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,
December 01, 2023, at 4:15 p.m.
_______________________________
Curtis Ellmore, Chair
_______________________________
Tristan Harris, Secretary
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