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<,FORN'P City Council Staff Report
September 13, 2022
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: 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 September 8, 2022
ITEM NO. 1 MINUTES OF JULY 21, 2022
SUMMARY: Draft minutes from the July 21, 2022, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and approved the draft
minutes as presented by the following vote.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
ACTION: Approved as presented
CONSENT ITEMS:
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.
The Planning Commission approved the project as recommended by the following
vote.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
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Planning Commission Agenda Report for September 8, 2022
September 13, 2022
Page 2
PUBLIC HEARING ITEMS:
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
Commissioner Weigand recused himself due to a conflict. The Planning
Commission conducted a public hearing and approved the project as recommended
including one added condition of approval by the following vote.
AYES: Ellmore, Harris, Kleiman, Lowrey, and Rosene
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
ACTION: Approved as recommended
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Planning Commission Agenda Report for September 8, 2022
September 13, 2022
Page 3
ITEM NO. 4 BAY ISLAND GENERAL PLAN, ZONING CODE, and 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.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
ACTION: Approved as recommended
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.
The Planning Commission conducted a public hearing and approved a resolution
recommending approval of the draft Circulation Element Update by the following
vote.
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
STUDY SESSION:
ITEM NO. 6 RESIDENTIAL CARE FACILITES ORDINANCE (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.
The Planning Commission reviewed a presentation by Staff and received public
comments. Feedback was provided to staff. The proposed amendment will be
presented to the Planning Commission at a future public hearing tentatively
scheduled for September 22, 2022.
ACTION: No action was taken
13-3
September 13, 2022
Agenda Item No. 13
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, SEPTEMBER 8, 2022
REGULAR MEETING — 6:30 P.M.
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.
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Planning Commission Regular Meeting Agenda
September 8, 2022
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 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;
• Maior 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;
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Planning Commission Regular Meeting Agenda
September 8, 2022
ITEM NO. 4
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.
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).
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Planning Commission Regular Meeting Agenda
September 8, 2022
Vill. 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
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