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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MAY 23, 2024
REGULAR MEETING - 6:00 P.M.
CURTIS ELLMORE
Chair
MARK ROSENE
Vice Chair
TRISTAN HARRIS
Secretary
BRADY BARTO JON LANGFORD
LEE LOWREY
DAVID SALENE
Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission.
They were appointed by the City Council by majority vote for four-year terms. At the table in front are City staff
members who are here to advise the Commission during the meeting. They are:
SEIMONE JURJIS, Assistant City Manager/Community Development Director
JAIME MURILLO, Acting Deputy Community Development Director
YOLANDA SUMMERHILL, Assistant City Attorney BRAD SOMMERS, City Traffic Engineer
SAVANNAH MARTINEZ, Department Assistant
NOTICE TO THE PUBLIC
Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:00
p.m. The agendas, minutes, and staff reports are available on the City's website at: http://www.newportbeachca.gov and for public
inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours.
If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development
Department, Planning Division staff at 949-644-3200.
This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission’s agenda be
posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission
and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments
to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded.
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other
entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty
dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you
have made a qualifying contribution, please ensure to make this disclosure on the record.
Please Note: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering
them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send
them by electronic mail directly to Commissioners at planningcommission@newportbeachca.gov. Each Commissioner and staff will receive
your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on
Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission.
It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or
a participant of this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to
accommodate you in every reasonable manner. Please contact Savannah Martinez, Department Assistant, at least 72 hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3293 or
smartinez@newportbeachca.gov).
APPEAL PERIOD: Reasonable Accommodation, Use Permit, Variance, Site Plan Review, and Modification Permit applications do not
become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance
with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment
applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City
Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan, Zoning, and Local Coastal Program
Amendments are automatically forwarded to the City Council for final action.
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NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MAY 23, 2024
REGULAR MEETING – 6:00 P.M.
I.CALL TO ORDER
II.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 APRIL 18, 2024
Recommended Action: Approve and file
ITEM NO. 2 PETTEY FAMILY TRUST ENCROACHMENT (PA2024-0067)
Site Location: 521 Larkspur
Summary:
A request to waive City Council Policy L-6 to retain existing and construct new non-compliant
private improvements consisting of 3-foot-tall vinyl fencing and 6-foot-tall vinyl fencing
encroaching up to 6-feet and 2-foot 6-inches, respectively, within the 50-foot wide Third Avenue
public right-of-way. The Third Avenue right-of-way is approximately 10 feet from face of curb to
the property line. City Council Policy L-6 prohibits the existing and proposed new vinyl fencing
to a 1-foot projection into the right-of-way and limiting encroachments to 36-inches maximum.
Recommended Actions:
1.Find the project exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section 15303 Class 3
(New Construction or Conversion of Small Structures) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment;
2.Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing
and construct new non-compliant private improvements consisting of 3-foot-tall and 6-
foot-tall vinyl fencing that encroach into the Third Avenue public rights-of-way, contingent
upon all conditions of the Encroachment Permit process being met (Attachment No. PC
1); and
3.Adopt Resolution No. PC2024-009 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2024-0154.
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ITEM NO. 3 SMITH FAMILY TRUST ENCROACHMENT (PA2024-0045)
Site Location: 3015 Cliff Drive
Summary:
A request to waive City Council Policy L-6 to retain private improvements consisting of a various
retaining walls, steps, and pilasters with lights that encroach up to 4 feet within the 40-foot-wide
La Jolla Drive public right-of-way and up to 13 feet within the 80-foot-wide Cliff Drive public right-
of-way. The La Jolla Drive public right-of-way is approximately 5-foot wide from face of curb to
property line and the Cliff Drive right-of-way is approximately 13-foot wide from the face of curb
to the property line. City Council Policy L-6 prohibits the retaining walls, steps, and pilasters with
lights since structures are limited to a one 1-foot projection into the right-of-way, maximum height
of 36-inches, and prohibits lighting.
Recommended Actions:
1.Find the project exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment;
2.Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain non-
compliant private improvements consisting of varying height retaining walls, steps, and
pilasters with lights that encroach into the La Jolla Drive and Cliff Drive public rights-of-
way, contingent upon all conditions of the Encroachment Permit process being met
(Attachment No. PC 1); and
3.Adopt Resolution No. PC2024-010 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2024-0163.
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. 4 RESIDENCES AT 1600 DOVE STREET (PA2022-0297)
Site Location: 1600 Dove Street
Summary:
The Applicant is requesting approval of the following entitlements for the future development of
a multi-unit residential project consisting of up to 282 dwelling units at 1600 Dove Street
(Project):
•General Plan Amendment (GPA) - A request to add 49 dwelling units above the current
General Plan allowance for the Airport Area, and amend Anomaly 12 of the General
Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling to the
Property;
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•Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project
would meet the City’s affordable housing requirements, in exchange for a request of
50% increase in density including a request for three development standard waivers
related to height, park dedication requirement, and overall residential density along with
two development concessions related to the payment of partial park in-lieu fees and mix
of affordable units pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach
Municipal Code (NBMC) and Government Code Section 65915 et seq. (“State Density
Bonus Law”);
•Development Agreement (DA) – 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;
•Addendum to the 2006 General Plan Update Program Environmental Impact Report
(Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the
Addendum addresses reasonably foreseeable environmental impacts resulting from the
Project; and
•Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of
the NBMC.
The Project would require a future Site Development Review approval prior to building permit
issuance as no specific design for the Project is included.
Recommended Action:
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. PC2024-008 recommending the City Council adoption of
Environmental Impact Report Addendum No. 9, and approval of General Plan
Amendment, Affordable Housing Implementation Plan, Traffic Study, and Development
Agreement, for the project located at 1600 Dove Street (PA2022-0297).
ITEM NO. 5 FLETCHER JONES AIRPORT SHUTTLE AND PARKING FACILITY (PA2023-
0172)
Site Location: 20071 Birch Street
Summary:
A request for a conditional use permit to relocate the existing Fletcher Jones Motorcars
Preferred Owners Airport Shuttle Facility from its current location at 2172, 2192, and 2222
South Bristol Street to a new site at 20071 Birch Street. If approved, the new site will be
developed with an approximately 1,134 square-foot, single-story, reception office and
surface parking for 83 cars. Accessory improvements include security fencing and perimeter
walls, site lighting, hardscaping, and landscaping. No late hours are proposed. The request
is one phase of a larger future effort by Fletcher Jones Motorcars to redevelop 2172, 2192,
and 2222 South Bristol Street and the adjoining property at 20052 Birch Street into an
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automotive inventory facility with accessory parking. With approval of this application, the
conditional use permit for application PA2022-128 would be rescinded.
Recommended Actions:
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures),
Section 15332 under Class 32 (In-Fill Development Projects), and Section 15183
(Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA
Guidelines, because it has no potential to have a significant effect on the environment;
and
3.Adopt Resolution No. PC2024-011 approving the conditional use permit filed as
PA2023-0172.
VIII.STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
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
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
IX.ADJOURNMENT