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NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 21, 2023 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER – 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Salene 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 Seimone Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Associate Planner Joselyn Perez, Senior Planner Liz Westmoreland, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 7, 2023 Recommended Action: Approve and file Motion made by Commissioner Landford and seconded by Vice Chair Rosene to approve the minutes of the December 7, 2023, as amended.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None
ABSTAIN: None ABSENT: Barto VII. PUBLIC HEARING ITEMS ITEM NO. 2 1401 QUAIL STREET RESIDENCES (PA2023-0040) Site Location: 1401 Quail Street Summary:
A demolition of an existing office building and construction of 67 for-sale residential condominium units
atop a 146-space parking structure. The proposed podium-style residential building is approximately 87 feet tall and consists of six-stories above grade with a subterranean parking level below. The application
consists of the following components:
• General Plan Amendment – A request to change the existing General Plan Land Use Designation of the Property from CO-G (General Commercial Office) to MU-H2 (Mixed-Use Horizontal);
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• Planned Community Development Plan Amendment – An amendment to the Newport Place Planned Community (PC11) to include the Property 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;
• Tentative Vesting Tract Map – A Vesting Tentative Tract Map No. 19261 pursuant to Title 19 (Subdivisions) of the NBMC for condominium purposes of 67 dwelling units;
• Affordable Housing Implementation Plan - A program specifying how the project would meet the City’s affordable housing requirements, in exchange for a request of 27.5% increase in density. The applicant seeks development standard waivers and incentives pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law);
• Development Agreement – A Development Agreement, between the applicant and the City, pursuant to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide the applicant with a vested right to develop the Project for a term of ten years and provide negotiated public benefits to the City; and
• Addendum to the 2006 General Plan Update Program Environmental Impact Reports - 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. PC2023-047 (Attachment No. PC 1) recommending the City Council adoption of an Environmental Impact Report Addendum, and approval of General Plan
Amendment, Planned Community Development Plan Amendment, Major Site Development Review, Affordable Housing Implementation Plan, Tentative Vesting Tract Map and
Development Agreement, for the Residences at 1401 Quail Street Project located at 1401 Quail Street (PA2023-0040).
Senior Planner Lee used a presentation to review the project location and description, entitlements requested,
dwelling unit summary, site plan, rendering of the motor court and parking entry, Spruce Street rendering, Housing Element, development standard waivers, incentives and concessions, development agreement,
CEQA review, Condition of Approval 81 revision, recommendation, and next steps.
All Commissioners disclosed ex parte communications with the applicant.
Chair Ellmore opened the public hearing.
Rick Puffer, Vice President of Development at Intracorp Homes, used a presentation to review Intracorp background and the team and the project overview, entry, front elevation, site layout, podium deck level, penthouse level, side view of entry, entry inspiration, and pool deck layout. He outlined the development opportunity, public benefits, and “building the extraordinary” tagline and agreed to the conditions of approval.
Jim Mosher discussed possible inconsistencies with multiple General Plan Policies, including Policy 6.15.4
(Priority Uses), 6.15.10 (Regulatory Plans), and 6.15.18 (Walkable Streets). Cort Ensign inquired about the setback to the adjacent property and courtyard dimensions, suggested reciprocal setbacks for the adjacent property, and noted the potential close proximity of the balconies.
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Mr. Puffer noted the setback is 10 feet to the edge and the decks are within the setback providing for equal treatment to an adjacent property.
Acting Deputy Community Development Director Murillo confirmed the project site is located outside the updated 65 CNEL noise contours and a correction to the resolution is needed. Chair Ellmore closed the public hearing.
Commissioner Langford expressed excitement for a critical mass of housing projects, hoped others will follow, and supported the project. Vice Chair Rosene liked that a for-sale project is being brought to the market, thought the building is attractive
and will fit in with the community and Intracorp is a quality builder, believed he can make the findings, and supported the project. Commissioner Lowrey concurred.
Motion made by Vice Chair Rosene and seconded by Commissioner Langford to approve the item with the noise contour correction proposed by staff.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 3 SOBER LIVING BY THE SEA ZONING AGREEMENT TERMINATION (PA2008-199) Site Location: Citywide Summary: Request to terminate Development Agreement 2008-005, a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea Inc. dba Sierra by the Sea, Inc. The Zoning Agreement authorized the operation of residential care facilities in the City subject to specific limitations. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment, and it is not subject to CEQA; and 3. Adopt Resolution No. PC2023-044 recommending to the City Council to terminate Development Agreement NO. 2008-005, Zoning implementation and Public Benefit Agreement (PA2008-199). In response to Vice Chair Rosene’s question, Assistant City Manager Jurjis stated that residential care facilities with six or less occupants can get a permit from the State, and while Sierra by the Sea has not expressed an interest in this, it is a possibility. Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing.
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Jim Mosher questioned why Sierra by the Sea offered the termination, stated they have no obligations remaining to the City, and suggested staff understand their motivation better.
Chair Ellmore closed the public hearing. Motion made by Vice Chair Rosene and seconded by Secretary Harris to approve the item as recommended by staff.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 4 BALDWIN & SONS MEDICAL OFFICE (PA2022-158) Site Location: 20 Corporate Plaza Summary: A request to convert a portion of the existing subterranean private parking area beneath the general office building at 20 Corporate Plaza into a 5,081-square-foot medical office. The project would require the following approvals to implement:
• General Plan Amendment - To amend Anomaly Number 34 of Table LU2 in the General Plan Land Use Element to increase the maximum development limit by 2,711 square feet for a maximum development limit of 471,591 square feet.
• Planned Community Development Plan Amendment - To amend the Corporate Plaza Planned Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591
square feet and to add “medical office” as an allowed use for Building Site 20.
• Conditional Use Permit - To allow an adjustment to the required off-street parking by waiving four spaces required for the new medical office.
• Development Agreement -The consideration of development agreement providing development rights in exchange for public benefits in accordance with Chapter 15.45 (Development Agreements) of the Newport Beach Municipal Code. Recommended Actions: 1. Conduct a public hearing; 2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 (New Construction or Conversions of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-045 recommending City Council approval of PA2022-0158, which includes the requested General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, for the Baldwin & Sons Medical Office, located at 20 Corporate Plaza.
Associate Planner Perez used a presentation to review the project vicinity map, existing site development and surplus subterranean parking lot, proposed project design, and discussed in detail the required approvals including a General Plan Amendment, Planned Community Development Plan Amendment, Conditional Use Permit, and Development Agreement, and concluded her presentation by providing recommendations and next steps.
In response to Commission Langford’s questions, Acting Deputy Community Development Director Murillo stated that the Irvine Comdpany transferred some unbuilt square footage left in the anomaly to a different area
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of Newport Center. Associate Planner Perez noted that the 2015 transfer of development rights took square footage out of anomaly 34 and moved it into a different anomaly.
Commissioners disclosed no ex parte communications. Chair Ellmore opened the public hearing. Omar Dandashi, applicant and project director, agreed to the conditions of approval and in response to Vice Chair Rosene’s question stated that there is no specific user identified.
Jim Mosher questioned if adding additional sites for medical office is compatible with the original intent of the planned community development plan and disagreed with the Charter Section 423 analysis on page 22 due to previous disagreements with the processing of the Newport Beach Tennis and Pickleball Club General Plan
Amendment.
Acting Deputy Community Development Director Murillo stated that the intent of the planned community was to allow for general office use and subsequent amendments allowed for medical offices. Medical office is consistent with the overall General Plan Land Use designation for the site. Furthermore, he noted that the amendment does not trigger a vote under Charter Section 423.
Chair Ellmore closed the public hearing. Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as
recommended.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto ITEM NO. 5 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN (PA2021-089) Site Location: 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via Oporto (odd) Summary: The applicant requests to amend the existing conditional use permit (UP2017-019) that authorized a parking reduction and parking management plan (PMP) for Lido Marina Village (LMV). The applicant requests to remove the current requirement for off-site employee parking at Hoag Health Center (540 Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking on-site within the existing LMV parking structure and waiving additional parking spaces. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-019. The project also includes a coastal development permit to evaluate the change in intensity related to the parking reduction, PMP, and off-site parking. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
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3. Adopt Resolution No. PC2023-046 approving Conditional Use Permit and Coastal Development Permit filed as PA2021-089 and superseding Conditional Use Permit No. UP2017-019 (PA2017-153).
Senior Planner Westmoreland used a presentation to review the project location, background, and proposal, required City approvals, parking demand analysis, proposed Parking Management Plan, revisions to the resolution, and recommendation.
In response to Commissioner Salene’s question, Senior Planner Westmoreland noted that the docks are private and are operated by DJM.
In response to Vice Chair Rosene’s question, Senior Planner Westmoreland confirmed that the parking analysis is based on the Applicant not using the offsite parking and making it better with valet parking.
In response to Secretary Harris’ question, Senior Planner Westmoreland stated that the 100 spaces were leased at Hoag for employees and two conditions of approval allow for changes to the parking management plan if issues arise.
In response to Commssioner Langford’s questions, Senior Planner Westmoreland indicated that Condition of
Approval 18 provides for a public vertical walkway that connects the street to the waterfront boardwalk and there is no known history of special event permit requests.
Commissioners disclosed no ex parte communications.
Chair Ellmore opened the public hearing.
Amber Wesley, DJM representative, relayed their intention to reduce the requirement for parking at Hoag
because they think the need for off-site parking is no longer. She agreed to the conditions of approval.
Ingrid Yankauskas noted the stress from the parking arrangement.
Jim Mosher inquired about the potential return of a similar tenant as Electra and noted challenges finding parking during times of high occupancy and asked the Commission to consider the continued impact to the
Finley Tract.
Scott Simmers noted the challenges created from the parking arrangement and concerns for safety, and the original intent of the shuttle was to take the pressure of the neighborhood. Mr. Simmers referenced the prior
effort to require resident parking permits in the Finley Tract.
In response to Chair Ellmore’s question, Ms. Wesley stated that the charter cruise slips are now being used for private leasing and the applicant does not plan on leasing to large charters in the future.
In response to Commssioner Harris’ question, Ms. Wesley relayed that there is no charge to the employees to park at Hoag or in the parking structure and noted signage indicating employee excluded parking areas, valet service for parking lot overflow, and a designated parking area for employees.
In response to Commissioner Langford’s questions, Ms. Wesley stated that the 2016/18 Parking Management
Plan revisions addressed employee parking charges and there are no new changes to the Parking Management Plan. In response to Vice Chair Rosene’s concern, Ms. Wesley indicated that they were not aware until now of any
complaints from the Finley Tract since the implementation of the 2018 Parking Management Plan. Jonathan Maroney, representative for LAZ Parking, explained the free employee parking program called Pilot Program, reported no issues, and relayed that contact and vehicle information is collected upon registration. The Pilot
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Program is optional and free of charge and the 100 off-site parking spots can be used for special events without an annual lease agreement with Hoag.
Assistant City Manager Jurjis relayed that the City’s permit parking program for Finley Tract residents was unsuccessful with the California Coastal Commission (CCC) pre-COVID and proposed trying again. He indicated that he has not received any reports from the Finley Tract residents since parking changed to no fee. Chair Ellmore closed the public hearing.
Commissioner Lowrey suggested a new “A” in Condition of Approval 16 that includes language that notifies employees of the program or requests car registrations. Commissioner Harris expressed interest in a tracking mechanism for enforcement, like forced registration. He
noted that there are other uses in the vicinity with employees.
Commissioner Salene noted that Condition of Approval 15 includes language that requires each tenant and employee to register their car and use vehicle stickers. Vice Chair Rosene supported enforcement, the use of vehicular stickers, and staff returning to the Coastal
Commission for a Finley Tract permit parking program. He recommended this matter be an actionable item and supported the proposal on this basis.
Chair Ellmore noted that parking will always be a challenge in that area and the City will do the best it can with
the challenge. Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve the item.
AYES: Ellmore, Lowrey, Langford, Harris, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Barto VIII. 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 Acting Deputy Community Development Director Murillo relayed one appeal matter on the January 4 Planning Commission agenda, announced the appeal to the CCC of the Dawson residence variance on December 11 and that City Hall will be closed between Christmas and New Years, and thanked the Planning Commission for their service over the past year. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 7:23 p.m.
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The agenda for the December 21, 2023, Planning Commission meeting was posted on Thursday, December 14, 2023, at 8:00 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 Thursday, December 14, 2023, at 8:15 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary
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