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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 18, 2018
REGULAR MEETING - 6:30 P.M.
PETER ZAK
Chair
ERIK WEIGAND
Vice Chair
VACANT
Secretary
LAUREN KLEIMAN
PETER KOETTING
KORY KRAMER
LEE LOWREY
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 4-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, Community Development Director
JIM CAMPBELL, Deputy Community Development Director
MICHAEL TORRES, Assistant City Attorney TONY BRINE, City Traffic Engineer
TIFFANY LIPPMAN, Administrative Support Specialist
NOTICE TO THE PUBLIC
Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of
each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's web site 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.
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 Leilani Brown,
City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation
is feasible (949-644-3005 or lbrown@newportbeachca.gov).
APPEAL PERIOD: 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 and Zoning 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, OCTOBER 18, 2018
REGULAR MEETING – 6:30 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. ELECTION OF OFFICERS
ITEM NO. 1 NOMINATION AND APPOINTMENT OF SECRETARY
Summary:
The Planning Commission’s adopted rules require the election of officers. Officers include the Chair, Vice
Chair, and Secretary and they would serve for a one-year term.
Recommended Actions:
1. Find this action not subject to the California Environmental Quality Act (CEQA) pursuant to
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3;
2. Nominate Planning Commission Secretary; and
3. Appoint the officer by majority approval of a motion.
V. 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.
VI. REQUEST FOR CONTINUANCES
VII. CONSENT ITEMS
ITEM NO. 2 MINUTES OF SEPTEMBER 13, 2018
Recommended Action: Approve and file
ITEM NO. 3 HELM RESIDENCE ENCROACHMENT PERMIT
Site Location: 200 Via Koron
Summary:
A request to waive City Council Policy L-6 to retain existing non-compliant private improvements within
the Via Koron public right-of-way consisting of two (2) low planter walls. A request to retain an existing
compliant private improvement within the Via Koron public right-of-way consisting of a decorative
walkway.
Recommended Action:
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; and
2. Adopt Resolution No. PC2018-029 approving Encroachment Permit No. N2018-0387.
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ITEM NO. 4 LAFRANCE AND BARAM RESIDENCE ENCROACHMENT PERMIT
Site Location: 2209 Private Road
Summary:
A request to waive City Council Policy L-6 to retain an existing non-compliant private improvement
within the Private Road public right-of-way consisting a six-foot high concrete retaining wall previously
approved by City Council on August 8, 2017.
Recommended Action:
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; and
2.Adopt Resolution No. PC2018-030 approving Encroachment Permit No. N2018-0471.
VIII.NEW BUSINESS
ITEM NO. 5 NEWPORT AUTO CENTER USE PERMIT REVIEW (PA2017-097)
Site Location: 445 East Coast Highway and 1131 Back Bay Drive
Summary:
A one-year review of Conditional Use Permit UP2017-014, which authorized off-site parking for employees
of the Newport Auto Center at the Newport Dunes Resort property located at 1131 Back Bay Drive. The
purpose of this review is to determine compliance with the conditions of approval of the conditional use
permit.
Recommended Action:
1.Receive public comments; and
2.Require an additional one-year review to confirm compliance with refuse and outdoor storage
conditions.
IX.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. 6 POWERHOUSE VEHICLE SALES CUP (PA2018-166)
Site Location: 2244 West Coast Highway
Summary:
A Conditional Use Permit to allow a 15,823-square-foot vehicle sales showroom and supporting office for
pre-owned luxury automobiles with approximately 15 display vehicles. No exterior vehicle display is
proposed. The proposed hours of operation are from 8:00 a.m. through 6:00 p.m., daily. Test drives are
not anticipated to exceed 10 test drives per week. If approved, this Conditional Use Permit would
supersede previously approved Use Permit Nos. UP0251, UP1296, UP1490, and UP2087, which upon
vesting of the rights authorized by the subject application, shall become null and void.
Planning Commission - October 18, 2018
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Recommended Action:
1.Conduct a public hearing;
2.Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. PC2018-031 approving Conditional Use Permit No. UP2018-010.
X.STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
XI.ADJOURNMENT
Planning Commission - October 18, 2018