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Home My WebLink About02-22-2024 - Planning Commission Page 1 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, FEBRUARY 22, 2024 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER– 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Barto III. ROLL CALL PRESENT: Vice Chair Mark Rosene, Commissioner Brady Barto, Commissioner Jonathan Langford, and Commissioner David Salene ABSENT: Chair Curtis Ellmore, Secretary Tristan Harris, Commissioner Lee Lowrey Staff Present: Assistant City Manager/Community Development Director Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Associate Planner Joselyn Perez, Assistant Planner Jenny Tran, Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS Mark thanked the Planning Commission and staff for the work they do for the City of Newport Beach. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 18, 2024 Recommended Action: Approve and file Motion made by Commissioner Langford and seconded by Commissioner Salene to approve the minutes of January 18, 2024, including Mr. Mosher’s edits. AYES: Barto, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Ellmore, Harris, Lowrey 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). Assistant City Attorney Yolanda Summerhill stated that this item is a resolution to support the decisions made at the January 4 public hearing. Vice Chair Rosene opened public comment. DocuSign Envelope ID: B9CF80DF-8E5B-4CD8-8D11-75AED1DECB35 Planning Commission Meeting Minutes February 22, 2024 Page 2 of 5 Mary Alice Campbell asked that the City recognize the request for reasonable accommodations to a disabled person and cited doctor’s notes in support and requested the Planning Commission review the pages prepared by Mr. Mosher and former and new information provided. Jim Mosher thought the appeal for reasonable accommodations was misdirected to the Planning Commission by a clerical error and noted that, according to Chapter 20.60, Section 20.60.020 and 20.60.030 of the Newport Beach Municipal Code (NBMC) regarding administrative responsibilities, the Planning Commission cannot hear appeals from the Hearing Officer and should be directed to the City Council. Additionally, he thought misinformation was provided to the Planning Commission about the expired rules of Santa Heights and the new findings created by staff have not been debated or publicly rebutted. For these reasons, Mr. Mosher opposed the Planning Commission acting tonight or at all. In response to Commissioner Salene’s question, Assistant City Attorney Summerhill relayed that an appeal to the City Council is available. Assistant City Manager Jurjis concurred. Motion made by Commissioner Salene and seconded by Commissioner Barto to approve the item as recommended. AYES: Barto, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Ellmore, Harris, Lowrey VII. PUBLIC HEARING ITEMS 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: 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 DocuSign Envelope ID: B9CF80DF-8E5B-4CD8-8D11-75AED1DECB35 Planning Commission Meeting Minutes February 22, 2024 Page 3 of 5 3. Adopt Resolution No. PC2024-003 approving the Coastal Development Permit and Variance filed as PA2023-0064 (Attachment No. PC 1). Assistant City Attorney Summerhill relayed that Chair Ellmore recused himself due to real property interests. Associate Planner Perez used a presentation to review the vicinity map, project location, existing development, existing encroachments within the Ocean Boulevard and Way Lane public right-of-way, provided a brief background of the project site, presented the proposed project, reviewed zoning compliance and the required approvals and necessary findings. She then provided an overview of the requested variances by reviewing the proposed floor area, FAR comparison to adjacent properties, pattern of development within the neighborhood, setback encroachments, and the proposed height. Her presentation also included the required findings for the Coastal Development Permit including protection of public views from Ocean Boulevard, China Cove ramp, and West Jetty View Park, nearby public access to the coast, and nonconforming structure considerations. She concluded with a discussion of the correspondence received on the project, staff’s recommendation, and next steps. In response to Commission Langford’s question, Associate Planner Perez stated that the project and planting palette were reviewed by the Public Works Department, and the plantings with potential to block views are intended to be limited to 60-inches by the conditions of approval. The proposed Queen Palms would not be limited to the 60 inches as they are unlikely to create a solid wall, like a hedge, and block views. Furthermore, she stated that as part of the review by Public Works, the path was identified as an unpermitted encroachment beyond the property line and flagged for removal and the applicant has agreed to restore the slope. In response to a question regarding the addressing, Acting Deputy Community Development Director Murillo noted that the historic address of the property is Ocean Boulevard and there is no need to change the address. Commissioner Langford thought the address preference should be left to the property owner’s discretion. Commissioners disclosed no ex parte communications. Vice Chair Rosene opened the public hearing. Daniel Martinez, architect, used a presentation to review the project and provided a comparison to the previous project at this location. He discussed the potential variance impacts related to height and setbacks, view preservation of the bluff top from West Jetty View Park, and lack of impact to views of the Pacific Ocean from Ocean Boulevard. He agreed to the conditions of approval. In response to Commissioner Salene’s question, Mr. Martinez clarified that there will be no access to the property from Ocean Boulevard. In response to Commissioner Langford’s inquiry, Mr. Martinez stated he could not confirm what the palm trees would look like at maturity; however, he offered to eliminate the palm trees from the planting palette if they are concerning. The Commissioners and staff discussed the existing and proposed palm trees. Acting Deputy Community Development Director Murillo added that the proposed Queen Palms are similar to the existing palm trees located just outside of the project site, and should be cohesive. He added that ultimately the City has the purview to determine if the palm trees that are within the public right of way are allowed to remain. Laura Cordovano expressed concern for the runoff due to the slope of the site, lack of support for the third level cantilever, and noted the potential impact to the surrounding community by the construction. Jim Mosher noted the difference between the past and the current proposal for the property, provided a perspective on implementing the nonconforming structures section of the City’s Local Coastal Program Implementation Plan, and suggested changes to the retaining wall along the front property line to improve visual enjoyment of the area. DocuSign Envelope ID: B9CF80DF-8E5B-4CD8-8D11-75AED1DECB35 Planning Commission Meeting Minutes February 22, 2024 Page 4 of 5 Nancy Portale, 2502 Seaview Avenue, questioned areas of the project that exceed the height allowance. Karen Carlson, 2616 Cove Street, suggested changing the property address. Richard Martinez, property owner, expressed willingness to use either an Ocean Boulevard or a Way Lane address and was amenable to eliminating the proposed palm trees. He noted the architectural changes within Corona del Mar over the years, highlighted discussions and outreach with the neighbors, and his interest in updating the property from its current state of disrepair. In response to public comment, Daniel Martinez described the incorporation of bio-retention basins to contain all stormwater onsite, explained the approach to the cantilever design, and clarified that the proposed elevator is within the height requirements of the zoning code. Richard Martinez indicated that decorative hedging can be added to screen the white wall along the front property line. Vice Chair Rosene closed the public hearing. Commissioner Langford requested Condition of Approval No. 42 be updated from landscaping “within the Ocean Boulevard setback” to “all landscaping is limited to 60 inches” to prevent big palm trees from obstructing the views from Ocean Boulevard. Vice Chair Rosene clarified the intent of the revision is to restrict the height of all landscaping, existing and proposed, across the property. Commissioner Langford requested giving the applicant flexibility to choose the address of Ocean Boulevard or Way Lane. Motion made by Commissioner Langford and seconded by Commissioner Salene to approve the item as amended with a change to Condition of Approval No. 42 to read “landscaping is limited to a maximum height of 60 inches to preserve views from Ocean Boulevard.” AYES: Barto, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Ellmore, Harris, Lowrey VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None 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 Acting Deputy Community Development Director Murillo relayed that the next Planning Commission meeting will be held on March 7 and will include the General Plan Annual Progress Report and a review of the appeal of the Genesis Auto Dealership. Additionally, he announced a recent Study Session with the City Council and public comments due by March 28 on the draft environmental impact report (DEIR) related to the Housing Element implementation. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT – With no further business, the meeting was adjourned by Vice Chair Rosene at 7:14 p.m. DocuSign Envelope ID: B9CF80DF-8E5B-4CD8-8D11-75AED1DECB35 Planning Commission Meeting Minutes February 22, 2024 Page 5 of 5 The agenda for the February 22, 2024, Planning Commission meeting was posted on Thursday, February 15, 2024, at 6:32 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, February 15, 2024, at 6:21 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Seimone Jurjis, Ex-Officio Secretary DocuSign Envelope ID: B9CF80DF-8E5B-4CD8-8D11-75AED1DECB35