The URL can be used to link to this page

Home My WebLink About09 - Planning Commission Agenda and Action Report for March 7, 2024SEW PpRr CITY OF z NEWPORT BEACH City Council Staff Report March 12, 2024 Agenda Item No. 9 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 - 949-644-3209, jmurillo@newportbeachca.gov TITLE: Planning Commission Agenda Report for March 07, 2024 CONSENT ITEMS: ITEM NO. 1 MINUTES OF FEBRUARY 22, 2024 SUMMARY: Draft minutes from the February 22, 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: Ellmore, Langford, Lowrey, and Salene NOES: None ABSENT: Barto, Harris, and Rosene ABSTAIN: None ACTION: Approved as amended PUBLIC HEARING ITEM: ITEM NO. 2 Genesis Automobile Dealership Appeal (PA2023-0094) Site Location: 320, 400, 410, 500, and 600 West Coast Highway SUMMARY: An appeal of the Zoning Administrator's February 1, 2024, decision to approve a minor use permit, minor site development review, modification permit, and tentative parcel map to allow the demolition of the existing on -site structures, and the construction and operation of an automobile dealership. The proposed automobile dealership consists of an approximately 19,952-square-foot, two-story, 25-foot tall, building that includes a showroom, sales office, storage area, electric vehicle (EV) repair area (i.e., EV Lab), and employee areas. The dealership will involve the sale and minor repairs of EVs only. Parking is provided within a surface parking lot and at -grade enclosed parking at the rear of the property. The request includes a modification permit to allow the structure to encroach up to 6-inches into the 5-foot rear setback. The tentative parcel map is requested to merge 11 underlying legal lots into a single lot. Lastly, the project includes removal of two above ground utility poles and relocation of the curb along the project frontage on West Coast Highway to allow smoother flow of traffic from the intersection at Dover Drive. The Planning Commission conducted a public hearing, considered public input and denied the appeal upholding the decision of the Zoning Administrator and approving the project by the following vote: 9-1 Planning Commission Agenda Report for March 07, 2024 March 12, 2024 Page 2 AYES: Ellmore, Langford, Lowrey, and Salene NOES: None ABSENT: Barto, Harris, and Rosene ABSTAIN: None ACTION: Appealed denied, upholding the Zoning Administrator's approval NEW BUSINESS: ITEM NO. 3 General Plan Annual Progress Report (PA2007-195) Site Locations: Citywide SUMMARY: Annual progress report on the status and implementation of the General Plan and Housing Element as required by State law and General Plan Implementation Program 1.3. The Planning Commission considered the report, a presentation by staff and public input. The Commission acted to recommend the City Council review and authorize the submittal of the 2023 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development by the following vote: AYES: Ellmore, Langford, Lowrey, and Salene NOES: None ABSENT: Barto, Harris, and Rosene RECUSED: None ACTION: Recommended review and submission of the General Plan Annual Progress Report. 9-2 March 6, 2024 2024 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT (CDD) TENTATIVE PROJECT MEETING SCHEDULE' March 7 Planninq 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 12 Harbor and Bay / Safety Elements Joint Sub -Committee Meeting (4pm) 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 MOD at 4515 Hampden Road PA2024-0007 — Jerry District 6 March 20 General Plan Advisory Committee (GPAC) Meeting - March 21 Planning Commission - March 26 City Council 1. General Plan Annual Progress Report (PA2007-195) — Melinda Citywide 2. General Plan CIP Budget Amendment —Ben Citywide March 28 Zoning Administrator 1. Baja Sharkeez Limited Term Permit (PA2023-0247) — Danny District 1 2. Beachfront Investment Residence CDP PA2023-0169 — Jerry District 1 April 3 General Plan Advisory Committee (GPAC) Meeting - April 4 Planning Commission 1. Tracy Residence Variance at 1020 White Sails (PA2023-0200) - Jenny District 6 2. Call for Review- Starbucks at 2523 Eastbluff Drive PA2023-0193 - Danny District 4 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 3. 1201 Dove St. Lease with CJ Light — Lauren District 3 4. 1201 Dove St. Lease with Secada — Lauren 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 - April 18 Planning Commission 1. Housing Element Implementation Program Amendments (PA2022-0245) — Ben/Jaime Citywide 2. Newport Airport Village Apartments (PA2023-0223) — Jenny (tentative) District 3 April 23 City Council 1. 2nd Reading, Residences at 1400 Bristol (PA2022-0296) — Liz District 3 2. 2nd Reading, Residences at 1401 Quail (PA2023-0040) — David District 3 3. CDBG FY24/25 Action Plan — Lauren Citywide 4. Appeal- OC Sanitation District Pump Station at 250 E Coast Hwy (PA2023-0076) — District 4 David 5. Study Session, Development Impact Fee Study (PA2021-127) — Liz Citywide May 9 Planning Commission 1. Residences at 1600 Dove PA2022-0297 - Liz tentative May 14 City Council 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. March 6, 2024 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 None this week 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. Cappy'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 38th 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 Jur'is, Assistant CM/CDD Director 949-644-3282 s'ur'is new ortbeachca. ov Jaime Murillo, Acting Deputy CDD Director 949-644-3209 'murillo new ortbeachca. ov Jerry Arregui, Planning Technician 949-644-3249 larrequi(c�newportbeachca.gov Art Bashmakian, Contract Planner 949-644-3238 abash makian(a�newportbeachca.gov Chelsea Crager, Senior Planner 949-644-3227 ccrager(@newportbeachca.gov Danny Kopshever, Assistant Planner 949-644-3235 dkopshever(@newportbeachca.gov David Lee, Senior Planner 949-644-3225 dlee(c�newportbeachca.gov Oscar Orozco, Assistant Planner 949-644-3216 oorozco(a-�newportbeachca.gov Joselyn Perez, Associate Planner 949-644-3312 iperez(@newportbeachca.gov Laura Rodrigez, Planning Technician 949-644-3216 Irod rig uez(a�newportbeachca.gov Jenny Tran, Assistant Planner 949-644-3212 jtran(c�newportbeachca.gov Rosalinh Ung, Principal Planner (PT) 949-644-3208 rungnewportbeachca.gov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland(a�newportbeachca.gov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan(a�newportbeachca.gov Ben Zdeba, Principal Planner 949-644-3253 bzdeba(@newportbeachca.gov Lauren Wood ing-Whitlinger, Real Property Administrator 949-644-3236 Iwooding(@newportbeachca.gov Dan Campagnolo, Systems Administration Manager 949-644-3231 dcampagnolo(a�newportbeachca.gov Tonee Thai, Deputy CDD Director & Building Official 949-718-1867 tthai(a�newportbeachca.gov Brad Sommers, City Traffic Engineer 949-644-3326 bsommers(a�newportbeachca.gov March 12, 2024 Agenda Item No. 9 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MARCH 7, 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 FEBRUARY 22, 2024 Recommended Action: Approve and file 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. 2 GENESIS AUTOMOBILE DEALERSHIP APPEAL (PA2023-0094) Site Location: 2607 Ocean Boulevard Summary: An appeal of the Zoning Administrator's February 1, 2024, decision to approve a minor use permit, minor site development review, modification permit, and tentative parcel map to allow the demolition of the existing on -site structures, and the construction and operation of an automobile dealership. The proposed automobile dealership consists of an approximately 19,952-square-foot, two-story, 25-foot tall, building that includes a showroom, sales office, storage area, electric vehicle (EV) repair area (i.e., EV Lab), and employee areas. The dealership will involve the sale and minor repairs of EVs only. Parking is provided within a surface parking lot and at -grade enclosed parking at the rear of the property. The request includes a modification permit to allow the structure to encroach up to 6-inches into the 5-foot rear setback. The tentative parcel map is requested to merge 11 underlying legal lots into a single lot. Lastly, the project includes removal of two above ground utility poles and relocation of the curb along the project frontage on West Coast Highway to allow smoother flow of traffic from the intersection at Dover Drive. 1 of 2 Recommended Actions: 1. Conduct a de novo public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects), pursuant to Section 15301 under Class 1 (Existing Facilities), and pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. PC2024-004 denying the appeal and upholding and affirming the Zoning Administrator's approval for a Minor Use Permit, Minor Site Development Review, Modification Permit and Tentative Parcel Map filed as PA2023-0094 (Attachment No. PC 1). VIII. NEW BUSINESS ITEM NO. 3 GENERAL PLAN ANNUAL PROGRESS REPORT (PA2007-195) Site Location: Citywide Summary: Annual progress report on the status and implementation of the General Plan and Housing Element as required by State law and General Plan Implementation Program 1.3. Recommended Action: Find the preparation, review and submission of the 2023 General Plan Annual Progress Report and Housing Element Report not subject to the California Environmental Quality Act (CEQA), as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2. Review and comment on the 2023 General Plan Progress Report, including the Housing Element Annual Progress Report; and 3. Recommend the City Council review and authorize the submittal of the 2023 General Plan Progress Report to the California Office of Planning and Research (OPR) and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development (HCD). IX. 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 X. ADJOURNMENT 2 of 2