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NEWPORT BEACH
City Council Staff Report
July 27, 2021
Agenda Item No. 10
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
jampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for July 22, 2021
CONSENT ITEMS
ITEM NO. 1
SUMMARY
ACTION:
ITEM NO. 2
MINUTES OF JULY 8, 2021
Draft minutes from the July 8, 2021, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits to the
minutes. The Planning Commission approved the amended minutes by the
following vote.
AYES:
Ellmore, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
Klaustermeier, Kleiman, and Koetting
ABSTAIN:
None
Approved as amended.
3309 OCEAN LLC ENCROACHMENT (PA2021-091)
Site Location: 3309 Ocean Boulevard
SUMMARY: A request to waive City Council Policy L-6 to retain existing non -compliant private
improvements within the Ocean Boulevard public right-of-way consisting of site walls,
stairs on grade, patio, wood plank driveway bridge, wooden erosion control terracing,
guardrails, potted plants, planters, and a decorative concrete driveway that encroach
up to 52-feet into the 110-foot wide public right-of-way.
The Planning Commission received public comment and discussed the item. The
Commission approved the item as recommended by the following vote:
AYES:
Ellmore, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
Klaustermeier, Kleiman, and Koetting
ABSTAIN:
None
ACTION: Approved as recommended.
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Planning Commission Agenda Report for July 22, 2021
July 27, 2021
Page 2
PUBLIC HEARING ITEMS
ITEM NO. 3 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020-030)
Site Location: Citywide
SUMMARY: Amendments to Sections 20.20.020, 20.70.020 and the addition of
Section 20.48.230 of Title 20 (Planning and Zoning) and amendments to Sections
21.20.020 and 21.70.020 of Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code (NBMC) to define tattoo establishments (a
previously undefined use) as a land use category and establish objective
standards to regulate its use.
The Planning Commission conducted a public hearing and adopted a resolution
recommending adoption of the proposed amendment by the following vote.
AYES: Ellmore, Koetting, Lowrey, Rosene, and Weigand
NOES: None
ABSENT: Klaustermeier and Kleiman
ABSTAIN: None
ACTION: Recommended City Council adoption.
ITEM NO. 4 SETBACK MAP CORRECTIONS ZONING CODE AND LCP AMENDMENT
(PA2020-006)
Site Location: Citywide
SUMMARY: Amendments to the Planning and Zoning Code (Title 20) and Local Coastal
Program Implementation Plan (Title 21) of the Newport Beach Municipal Code
(NBMC) to correct identified errors in the setback maps contained in NBMC
Sections 20.80.040 and 21.80.040 (Setback Maps). These maps provide the
minimum distance a primary residential structure must be set back from a property
line or other identified line such as a bulkhead or abandoned right-of-way line.
These setbacks also establish front yard setback areas regulating accessory
structures that differ from side or rear yard setback areas.
The Planning Commission conducted a public hearing and adopted a resolution
recommending adoption of the proposed amendment by the following vote.
AYES:
Koetting, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
Klaustermeier and Kleiman
ABSTAIN:
None
RECUSAL:
Ellmore
ACTION: Recommended City Council adoption.
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July 27, 2021
Agenda Item No. 10
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JULY 22, 2021
REGULAR MEETING — 6:30 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 JULY 8, 2021
Recommended Action: Approve and file
ITEM NO. 2 3309 OCEAN LLC ENCROACHMENT (PA2021-091)
Site Location: 3309 Ocean Boulevard
Summary:
A request to waive City Council Policy L-6 to retain existing non -compliant private improvements within
the Ocean Boulevard public right-of-way consisting of site walls, stairs on grade, patio, wood plank
driveway bridge, wooden erosion control terracing, guardrails, potted plants, planters, and a decorative
concrete driveway that encroach up to 52-feet into the 110-foot wide public right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15301 and Section 15303 under Class 1 (Existing Facilities) and Class 3
(New Construction or Conversion of Small Structures), because it has no significant effect on
the environment;;
2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain existing non-
compliant private improvements within the Ocean Boulevard public right-of-way consisting of
site walls, stairs on -grade, patios, a wood plank driveway bridge, wooden erosion control
terracing, guardrails, potted plants, planters and a decorative concrete driveway that
encroaches in excess of 1 foot into the 110-foot wide Ocean Boulevard public right-of-way,
contingent upon all conditions of the Encroachment Permit process being met; and
Adopt Resolution No. PC2021-017 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2021-0197.
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Planning Commission Regular Meeting Agenda
July 22, 2021
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 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020-003)
Site Location: Citywide
Summary:
Amendments to Sections 20.20.020, 20.70.020 and the addition of Section 20.48.230 of Title 20 (Planning
and Zoning) and amendments to Sections 21.20.020 and 21.70.020 of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC) to define tattoo establishments (a
previously undefined use) as a land use category and establish objective standards to regulate its use.
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment and pursuant to
Section 15265(a)(1), which exempts local governments from the requirements of CEQA in
connection with the adoption of a Local Coastal Program;
3. Adopt Resolution No. PC2021-018 recommending the City Council approve Zoning Code
Amendment No. CA2020-002 updating development standards related to tattoo
establishments; and
4. Adopt Resolution No. PC2021-019 recommending the City Council authorize staff to submit
Local Coastal Program Amendment No. LC2020-002 to the California Coastal Commission.
ITEM NO. 4 SETBACK MAP CORRECTIONS ZONING CODE AND LCP AMENDMENT (PA2020-006)
Site Location: Citywide
Summary:
Amendments to the Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan
(Title 21) of the Newport Beach Municipal Code (NBMC) to correct identified errors in the setback maps
contained in NBMC Sections 20.80.040 and 21.80.040 (Setback Maps). These maps provide the
minimum distance a primary residential structure must be set back from a property line or other
identified line such as a bulkhead or abandoned right-of-way line. These setbacks also establish front
yard setback areas regulating accessory structures that differ from side or rear yard setback areas.
Recommended Action:
1. Conduct a public hearing;
2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2),
15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines
Section 15061(b)(3) because it has no potential to have a significant effect on the environment;
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Planning Commission Regular Meeting Agenda
July 22, 2021
3. Adopt Resolution No. PC2021-020 recommending the City Council approve Code
Amendment No. CA2020-001; and
4. Adopt Resolution No. PC2021-021 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2020-001 to the California Coastal Commission.
Vill. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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