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Home My WebLink About13 - Planning Commission Agenda and Action Report for February 22, 2024Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report February 27, 2024 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director - 949-644-320, jmurillo@newportbeachca.gov TITLE: Planning Commission Agenda Report for February 22, 2024 CONSENT ITEMS: ITEM NO. 1 MINUTES OF JANUARY 18, 2024 SUMMARY: Draft minutes from the January 18, 2024, meeting of the Planning Commission. The Planning Commission considered the draft minutes with suggested edits to the minutes. The minutes were approved by the following vote. AYES: Barto, Langford, Rosene, and Salene NOES: None ABSENT: Ellmore, Harris, and Lowrey ABSTAIN: None ACTION: Approved as amended. ITEM NO. 2 APPEAL OF CAMPBELL ANIMAL KEEPING (PA2022-098) Site Location: 1691 Orchard Drive SUMMARY: Draft minutes from the January 4, 2024, meeting of the Planning Commission. The Planning Commission considered Resolution No. PC2024-001 denying the appeal and modifying the Hearing Officer's Determination for a Reasonable Accommodation with the revised findings. The resolution was approved by the following vote. AYES: Barto, Langford, Rosene, and Salene NOES: None ABSENT: Ellmore, Harris, and Lowrey ABSTAIN: None ACTION: Approved as amended. 13-1 Planning Commission Agenda Report for February 22, 2024 February 27, 2024 Page 2 PUBLIC HEARING ITEM: ITEM NO. 3 2607 Ocean Blvd, LLC Residence (PA2023-0064) Site Locations: 2607 Ocean Boulevard SUMMARY: The Applicant requests a coastal development permit (CDP) to allow for a 1,490-square-foot addition and remodel of an existing, nonconforming, three- story, single -unit dwelling. The total gross floor area of the residence after the addition will be 3,969 square feet, including attached garage parking for three cars. The project also includes landscape, hardscape, an in -ground spa, drainage improvements, site walls, and removal of unpermitted encroachments within the public right-of-way on the slope adjacent to Ocean Boulevard and within Way Lane. The project requires a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to allow the proposed development to: a) Exceed the gross floor area limit by approximately 1,104 square feet; b) Encroach 1-foot, 8 inches into the 10-foot front setback along Ocean Boulevard; c) Encroach 9-feet, 4 inches into the 10-foot rear setback along Way Lane; d) Exceed the 24-foot flat roof height limit of the R-1 Zoning District by 3 feet; and e) Exceed the 29-foot sloped roof height limit of the R-1 Zoning District by 11 inches. While the project will exceed the 24- and 29-foot height limits, the project will not exceed the Ocean Boulevard top of curb height restriction. The Planning Commission conducted a public hearing and approved the project making edits and corrections to the conditions of approval by the following vote: AYES: Barto, Langford, Salene, and Rosene NOES: None ABSENT: Ellmore, Harris, and Lowrey ABSTAIN: None ACTION: Approved as amended 13-2 February 21, 2024 2024 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT (CDD) TENTATIVE PROJECT MEETING SCHEDULE' February 21 General Plan Update Steering Committee GPUSC Meeting - February 22 Planning Commission 1. 2607 Ocean Blvd, LLC Residence Variance & CDP at 2607 Ocean Boulevard District 6 (PA2023-0064) — Joselyn 2. Adopt Resolution- Appeal of Campbell Animal Keeping at 1691 Orchard Drive District 3 PA2022-098 — Jenny February 27 City Council 1. Establish Ad -Hoc Committee for Lower Castaways District 3 2. Second Reading SBTS Termination — Melinda February 27 Historic Resources/Arts &Culture Sub -Committee Meeting February 29 Zoning Administrator 1. Artisan Property, LLC Duplex TPM at 825 Bay Ave W (PA2023-0190) — Danny District 1 2. Kamell Addition and ADU Coastal Development Permit at 4005 Seashore Drive District1 (PA2023-0115) - Melinda 3. Annual Review of DA for Hoag Hospital PA2023-0173 — Jerry District 2 March 6 General Plan Advisory Committee (GPAC) Meeting - March 7 Planning Commission 1. General Plan Annual Progress Report (PA2007-195) — Melinda Citywide 2. Appeal - Genesis Automobile at 400 W Coast Highway PA2023-0094 — Jenny District 2 March 12 City Council 1. Code Enforcement Enhancement — Jaime/Art Citywide March 14 Zoning Administrator 1. Anderson Residence Mod at 2616 Clay Street (PA2023-0216) — Danny District 2 2. CDM Properties Duplex TPM at 303 Goldenrod Ave (PA2023-0235) — Danny District 6 3. Haag Residence CDP at 4003 Marcus (PA2023-0214) — Jerry District 1 4. Gagnon Residence CDP/MOD at 4515 Hampden Road PA2024-0007 — Jerry District 6 March 20 General Plan Update Steering Committee GPUSC Meeting - March 21 Planning Commission - March 26 City Council 1. General Plan Annual Progress Report (PA2007-195) — Melinda Citywide 2. Study Session, Development Impact Fee Study (PA2021-127) — Liz Citywide 3. 1201 Dove St. Lease with CJ Light — Lauren District 3 4. 1201 Dove St. Lease with Secada — Lauren District 3 March 28 Zoning Administrator 1. Baja Sharkeez Limited Term Permit (PA2023-0247) — Danny District 1 April 3 General Plan Advisory Committee (GPAC) Meeting April 4 Planning Commission April 9 City Council 1. Public Hearing, Residences at 1400 Bristol (PA2022-0296) — Liz District 3 2. Public Hearing, Residences at 1401 Quail (PA2023-0040) — David District 3 April 11 Zoning Administrator 1. Snow Residence Condominiums TPM/CDP/Conversion at 400 40th (PA2023-0147) — District 1 Jerry April 17 General Plan Update Steering Committee (GPUSC) Meeting - 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. February 21, 2024 April 18 Planning Commission 1. Housing Element Implementation Program Amendments (PA2022-0245) — Ben/Jaime 2. Newport Airport Village Apartments PA2023-0223 — Jenny tentative Citywide District 3 April 23 City Council 1. 2nd Reading, Residences at 1400 Bristol (PA2022-0296) — Liz 2. 2nd Reading, Residences at 1401 Quail (PA2023-0040) — David 3. CDBG FY24/25 Action Plan — Lauren 4. Appeal- OC Sanitation District Pump Station at 250 E Coast Hwy (PA2023-0076) — David District 3 District 3 Citywide District 4 May 9 Planning Commission 1. Residences at 1600 Dove PA2022-0297 - Liz tentative May 14 City Council May 16 Airport Land Use Commission 1. Housing Element Implementation Program Amendments PA2022-0245 — Ben/Jaime Citywide May 23 Planning Commission May 28 City Council June 6 Planning Commission June 11 City Council Director or ZA Level Actions 1. Spanos Residence Staff Approval at 2761 Bay Shore Dr (PA2023-0246) - Jenny District 2 CDP Waivers None this week - TBD Items 1. Wireless Facilities in public right-of-way, ordinance update — Ben/OCA 2. Tanar's Tobacco MUP at 2233 Balboa Blvd - (PA2023-0032) - Jenny 3. Ca 's Cafe CDP/MUP at 5930 W Coast Hwy PA2023-0191 — Jenny Citywide District 1 District 1 Pending Coastal Commission 1. Small Cell Telecom Appeal at 38t" Street and Lake Ave appeal (PA2019-113) — Ben 2. Coastal Act §30613 CDP jurisdiction change (PA2022-111) — Jaime/Dudek 3. 2022 LCPA #3 — Density Bonus ordinance update, Nonconforming uses and structures amendment — Jaime/Joselyn 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 6. Dawson Residence CDP Appeal at 2741 Ocean Blvd PA2022-0315 — David District 1 Coastal Coastal Coastal Coastal District 6 Planner Contact Information Seimone Jurjis, CDD Director 949-644-3282 sour is new ortbeachca. ov Jaime Murillo, Acting Deputy CDD Director 949-644-3209 murillo new ortbeachca. ov Jerry Arre ui, Planning Technician 949-644-3249 arre ui new ortbeachca. ov Art Bashmakian, Contract Planner 949-644-3238 abash makian new ortbeachca. ov Chelsea Cra er, Senior Planner 949-644-3227 ccra er new ortbeachca. ov Danny Kopshever, Assistant Planner 949-644-3235 dko shever new ortbeachca. ov David Lee, Senior Planner 949-644-3225 dlee new ortbeachca. ov Oscar Orozco, Assistant Planner 949-644-3216 oorozco@newportbeachca.gov Josel n Perez, Associate Planner 949-644-3312 erez new ortbeachca. ov Laura Rodri ez, Planning Technician 949-644-3216 Irodri uez new ortbeachca. ov Jenny Tran, Assistant Planner 949-644-3212 tran new ortbeachca. ov Rosalinh Un , Principal Planner PT 949-644-3208 run new ortbeachca. ov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland new ortbeachca. ov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan new ortbeachca. ov Ben Zdeba, Principal Planner 949-644-3253 bzdeba new ortbeachca. ov February 21, 2024 Lauren Wood ing-Whitlinger, Real Property Administrator 949-644-3236 Iwoodin new ortbeachca. ov Dan Campagnolo, Systems Administration Manager 949-644-3231 dcam a nolo new ortbeachca. ov Tonee Thai, Deputy CDD Director & Building Official 949-718-1867 fthai@newportbeachca.gov Brad Sommers, City Traffic Engineer 949-644-3326 bsommers new ortbeachca. ov February 27, 2024 Agenda Item No. 13 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, FEBRUARY 22, 2024 REGULAR MEETING — 6:00 P.M. CALL TO ORDER 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 JANUARY 18, 2024 Recommended Action: Approve and file ITEM NO. 2 APPEAL OF CAMPBELL ANIMAL KEEPING (PA2022-098) Site Location: 1691 Orchard Drive Recommended Action: Adopt Resolution No. PC2024-001 denying the appeal and modifying the Hearing Officer's Determination for a Reasonable Accommodation with the attached Findings (Attachment No. PC 1). 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. 3 2607 Ocean Blvd, LLC Residence (PA2023-0064) Site Location: 2607 Ocean Boulevard Summary: The Applicant requests a coastal development permit (CDP) to allow for a 1,490-square-foot addition and remodel of an existing, nonconforming, three-story, single -unit dwelling. The total gross floor area of the residence after the addition will be 3,969 square feet, including attached garage parking for three cars. The project also includes landscape, hardscape, an in -ground spa, drainage improvements, site walls, and removal of unpermitted encroachments within the public right-of-way on the slope adjacent to Ocean Boulevard and within Way Lane. The request also includes a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to allow the proposed development to: 1 of 2 a) Exceed the gross floor area limit by approximately 1,104 square feet; b) Encroach 1-foot, 8 inches into the 10-foot front setback along Ocean Boulevard; c) Encroach 9-feet, 4 inches into the 10-foot rear setback along Way Lane; d) Exceed the 24-foot flat roof height limit of the R-1 Zoning District by 3 feet; and e) Exceed the 29-foot sloped roof height limit of the R-1 Zoning District by 11 inches. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to pursuant to Section 15301 under Class 1 (Existing Facilities) 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. PC2024-003 approving the Coastal Development Permit and Variance filed as PA2023-0064 (Attachment No. PC 1). VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 2 of 2