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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, SEPTEMBER 8, 2022
REGULAR MEETING - 6:30 P.M.
LAUREN KLEIMAN
Chair
CURTIS ELLMORE
Vice Chair
MARK ROSENE
Secretary
TRISTAN HARRIS
SARAH KLAUSTERMEIER
LEE LOWREY
ERIK WEIGAND
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, Community Development Director
JIM CAMPBELL, Deputy Community Development Director
YOLANDA SUMMERHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer
CLARIVEL RODRIGUEZ, Administrative 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
6:30 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.
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 planningcommissioners@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 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, 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, SEPTEMBER 8, 2022
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 21, 2022
Recommended Action: Approve and file
ITEM NO. 2 GONTERMAN ENCROACHMENT (PA2022-127)
Site Location: 2304 Cliff Drive
Summary:
A request to waive City Council Policy L-6 for proposed private improvements consisting of stairs,
handrails, retaining walls, and planters that encroach up to eight (8) feet-five (5) inches into the Cliff Drive
public right-of-way. The Cliff Drive parkway extends approximately 12 feet from face of curb to the property
line. Council Policy L-6 (“Policy”) prohibits the proposed stairs, handrails, retaining walls and planters since
structures are limited to a 1-foot projection into the right-of-way and the height of encroachments are
limited to three (3) feet from the top of curb elevation.
Recommended Action:
1.Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 Class 3 (New Construction or Conversion of Small Structures), because it has
no significant effect on the environment;
2.Find Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, for non-compliant
private improvements consisting of stairs, handrails, retaining walls, and planters that
encroach into the Cliff Drive public right-of-way, contingent upon all conditions of the
Encroachment Permit process being met; and
3.Adopt Resolution No. PC2022-021 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2022-0147.
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
Planning Commission Regular Meeting Agenda
September 8, 2022
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ITEM NO. 3 TENNIS CLUB AT NEWPORT BEACH PROJECT AMENDMENT (PA2021-260)
Site Location: 1602 East Coast Highway
Summary:
An amendment to the 2012 approved Tennis Club at Newport Beach project to: 1) increase the number
of future tennis courts from 7 to 8 courts, 2) increase the number of future hotel rooms from 27 to 41
rooms, 3) increase the gross floor area of the ancillary hotel uses by 4,686 square feet, and 4) provide
3 attached condominium units and 2 detached single family residences in-lieu of 5 detached single-
family residences. The proposed changes to the 2012 approved project require the consideration of the
following land use:
•General Plan Amendment: An amendment to Anomaly No. 46 of Table LU2 of the 2006 Newport
Beach General Plan Land Use Element to amend the allowable development limits for the tennis club
site;
•Local Coastal Program Implementation Plan Amendment: An amendment to Local Coastal
Implementation Plan Section 21.26.055.S.2 (Tennis Club of Newport Beach Country Club Planned
Community Coastal Zoning District Development Standards) to amend land use regulations for the
tennis club site;
•Planned Community Development Plan Amendment: An amendment to Planned Community
Development Plan No. 47 (Newport Beach Country Club Planned Community) to amend land use
regulations and development standards on the tennis club site;
•Major Site Development Review Amendment (SD2011-002): A site development review in
accordance to Section 4.0 (Site Development Review) of Planned Community Development Plan No.
47 and Newport Beach Municipal Code (NBMC) Section 20.52.80 (Site Development Reviews) for
the construction of the proposed project;
•Coastal Development Permit Amendment (CD2017-039): An amendment to Coastal Development
Permit No. CD2017-039 for the demolition of existing structures, further subdivision on the tennis club
site, and implementation of the project;
•Tentative Vesting Tract Map Amendment (NT2005-003): An amendment to Tentative Vesting Tract
Map pursuant to Title 19 of the Municipal Code to create separate lots for the tennis club site;
•Limited Term Permit Amendment (XP2011-004): A limited term permit to allow temporary use of
structures during construction pursuant to Section 20.60.015 of the Municipal Code;
•Development Agreement Amendment (DA2008-001): A second amendment to the Development
Agreement between the Applicant and the City, pursuant to NBMC Sections 15.45 (Development
Agreement), which would provide vested right to develop the proposed project while also providing
negotiated public benefits and extend the term of Agreement for additional ten years; and
•Addendum to the 2010 Mitigated Negative Declaration (ND2010-008): Pursuant to the California
Environmental Quality Act (“CEQA”), the addendum addresses reasonably foreseeable
environmental impacts resulting from the proposed development
Recommended Action:
1.Conduct a public hearing;
2.Find that the Proposed Project will not result in any new significant impacts that were not
previously analyzed in the adopted Mitigated Negative Declaration No. ND2010-008 (SCH
2010091052) for the Approved Project, and the addendum has been prepared to address
reasonably foreseeable environmental impacts resulting from the Proposed Project; and
3.Adopt Resolution No. PC2022-022 recommending City Council approval of PA2021-260, which
includes adoption of a Mitigated Negative Declaration Addendum, and approval of a General
Plan Amendment, Local Coastal Land Use Plan Amendment, Planned Community
Development Plan Amendment, Major Site Development Review Amendment, Coastal
Development Permit Amendment, Vesting Tentative Tract Map Amendment, Limited Term
Permit Amendment, and Development Agreement Amendment for The Tennis Club at
Newport Beach Project located at 1602 East Coast Highway.
Planning Commission Regular Meeting Agenda
September 8, 2022
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ITEM NO. 4 BAY ISLAND GENERAL PLAN, ZONING CODE, LCP AMENDMENTS (PA2022-087)
Site Location: Bay Island
Summary:
Amendments to the General Plan, Title 20 (Planning and Zoning), and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code increasing the development limit specified
for Bay Island from 23 dwelling units to 25 dwelling units. The amendments were initiated by the applicant
who seeks to return the maximum residential density of Bay Island to 25 units, consistent with prior
entitlement under Use Permit No. UP3618.
Recommended Action:
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) of the CEQA
Guidelines, because it has no potential to have significant effect on the environment; and
3.Adopt Resolution No. PC2022-023 (Attachment No. PC 1) recommending the City Council
approve General Plan Amendment No. GP2022-001, Code Amendment No. CA2022-005,
and Local Coastal Program Amendment No. LC2022-003.
ITEM NO. 5 GENERAL PLAN CIRCULATION ELEMENT UPDATE (PA2017-141)
Site Location: Citywide
Summary:
An amendment to the Newport Beach General Plan incorporating changes to the Circulation Element.
The proposed update is a comprehensive statement of the City’s transportation and mobility policies and
serves as a guide for implementation of these policies. The purpose of the update is to provide new goals
and policies that comply with State mandates such as Vehicle Miles Traveled (VMT) legislation and
“Complete Streets” legislation. The updated goals and policies also reflect the community’s vision on
trending transportation matters, including electric vehicles (EV) and climate change, rideshare services,
public transportation, bicycle plans, telecommuting, roadway safety, as well as parking management.
Recommended Action:
1.Conduct a public hearing;
2.Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3.Adopt Resolution No. PC2022-025 recommending adoption of the General Plan Circulation
Element Update to the City Council (Attachment No. PC 1).
Planning Commission Regular Meeting Agenda
September 8, 2022
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VIII. STUDY SESSION
ITEM NO. 6 RESIDENTIAL CARE FACILITIES (PA2021-292)
Site Location: Citywide
Summary:
An overview of the Residential Care Facilities regulations, limitations of State and Federal law, efforts of
the City Council formed Residential Care Facilities Ad Hoc Committee, and an overview of proposed code
amendments.
Recommended Action:
Receive Presentation and provide staff direction regarding proposed amendments.
IX. 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
X. ADJOURNMENT