HomeMy WebLinkAbout0.0_Agenda
CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 5, 2023
REGULAR MEETING - 6:30 P.M.
VACANT
Chair
CURTIS ELLMORE
Vice Chair
MARK ROSENE
Secretary
TRISTAN HARRIS SARAH KLAUSTERMEIER
LEE LOWREY
VACANT
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 BRAD SOMMERS, 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.
Planning Commission Regular Meeting Agenda
January 5, 2023
2 of 5
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 5, 2023
REGULAR MEETING – 6:30 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. ELECTION OF OFFICERS
ITEM NO. 1 ELECTION OF OFFICERS
Summary:
Due to the election of Chair Kleiman to the City Council, the Vice Chair will act as the Chair until the
Commission elects a new Chair. If Vice Chair Elmore or Secretary Rosene is elected Chair, the Vice
Chair or Secretary position will become vacant and that position should also be filled. There is the
potential for vacancies in all three positions depending on who is elected. Officers elected would serve
for the rest of the term ending June 30, 2023.
Recommended Action:
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 a Planning Commissioner to serve as the Chair,
3. If necessary, Nominate a Planning Commissioner for the Vice Chair and/or Secretary; and
3. Appoint the officers by majority approval of a motion either individually or as one motion for all
positions.
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 NOVEMBER 3, 2022
Recommended Action: Approve and file
VIII. 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
January 5, 2023
3 of 5
ITEM NO. 3 ARC BALBOA ISLAND CUP/CDP (PA2021-276)
Site Location: 224 Marine Avenue
Summary:
A request to demolish the existing nonresidential building and to construct a new 1,102-square-foot
building to be used as an eating and drinking establishment (restaurant). A conditional use permit is
required to establish and operate the new restaurant and to waive required off-street parking spaces. The
restaurant would operate with 999 square feet of outdoor dining area and there would be no interior dining
area provided. The application includes the sale and service of alcoholic beverages with a Type 41 (On-
Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. The applicant does not
propose to operate with late hours (after 11 p.m.), live entertainment, or dancing. The project also requires
a coastal development permit, as the property is within the Coastal Zone.
Recommended Action:
1. Conduct a public hearing; and
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction of Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment and the exceptions to the Class 3
exemption do not apply; and
3. Adopt Resolution PC2023-001 approving the Conditional Use Permit and the Coastal
Development Permit submitted and reviewed pursuant to PA2021-276 (Attachment No. PC 1).
ITEM NO. 4 SUGARFISH RESTAURANT (PA2022-0149)
Site Location: 2600 East Coast Highway
Summary:
A conditional use permit to waive 19 required parking spaces with a parking management plan to establish
a new food service, eating and drinking establishment (restaurant). The proposed restaurant would have
approximately 729 square feet of net public area and would not include any outdoor dining areas. The
restaurant’s operation includes the sale and service of alcoholic beverages with a Type 41 (On-Sale Beer
and Wine – Eating Place) Alcoholic Beverage Control (ABC) License. The applicant does not propose to
operate with late hours (after 11 p.m.), live entertainment, or dancing.
Recommended Action:
1. Conduct a public hearing; and
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution PC2023-002 approving a Conditional Use Permit pursuant to PA2022-0149.
Planning Commission Regular Meeting Agenda
January 5, 2023
3 of 5
ITEM NO. 5 HANNA RESIDENCES (PA2020-060)
Site Location: 3014 Balboa Boulevard
Summary:
The applicant proposes to demolish the existing restaurant building and construct two residential
condominiums totaling approximately 3,564 square feet. The proposed residential development will
comply with all zoning requirements for the proposed R-2 zone and no deviations are requested. The
following approvals are required to implement the project:
• General Plan Amendment – An amendment to the General Plan to change the land use category
from Neighborhood Commercial (CN) to Two Unit Residential (RT).
• Code Amendment – An amendment to Title 20 (Planning and Zoning) to change the zoning district
from Commercial Neighborhood (CN) to Two-Unit Residential (R-2) and to remove a front setback
designation along the side from Setback Map S-2B.
• Local Coastal Program Amendment – An amendment to the Coastal Land Use Plan to change the
coastal land use category from Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0
– 39.9 DU/AC), and an amendment to Title 21 (Local Coastal Program Implementation Plan) to
change the coastal zoning district from CN to Two-Unit Residential (R-2). Additionally, the amendment
would remove a front setback designation along the side property line from Setback Map S-2B.
• Tentative Parcel Map – A tentative parcel map for two-unit condominium purposes to allow the units
to be sold individually.
• Coastal Development Permit – A coastal development permit for the demolition of the existing
restaurant and construction of the new residential condominiums.
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) and Section
15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential
to have a significant effect on the environment and that the exceptions to the Class 3 exemption
do not apply; and
3. Adopt Resolution No. PC2023-003 recommending City Council approval of the General Plan
Amendment, Local Coastal Program Amendment, Code Amendment, Tentative Parcel Map,
and Coastal Development Permit (PA2020-060).
ITEM NO. 6 ACCESSORY DWELLING UNIT ORDINANCE 2023 UPDATE (PA2021-113)
Site Location: Citywide
Summary:
Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code updating regulations pertaining to Accessory Dwelling Units (ADU)
and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections
65852.2 and 65852.22 that go into effect on January 1, 2023. The amendments also include revisions
recommended by the Planning Commission Ad-Hoc Committee to incentivize ADU production.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance
Planning Commission Regular Meeting Agenda
January 5, 2023
3 of 5
regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the
Government Code are exempt from the requirements of CEQA;
3. Adopt Resolution No. PC2023-004 (Attachment No. PC 1) recommending the City Council
approve Zoning Code Amendment No. CA2021-005 modifying regulations pertaining to
accessory dwelling units; and
4. Adopt Resolution No. PC2023-005 (Attachment No. PC2) recommending the City Council
authorizes staff to submit Local Coastal Program Amendment No. LC2021-003 to the California
Coastal Commission.
IX. DISCUSSION ITEMS
ITEM NO. 7 FRACTIONAL HOMEOWNERSHIP CODE AMENDMENT (PA2022-0202)
Site Location: Citywide
Summary:
Staff will provide the Planning Commission with a brief update regarding the Fractional Homeownership
Ad-Hoc Committee’s efforts reviewing and considering potential code updates pertaining to the regulation
of fractional homeownership.
Recommended Action:
1. Receive a presentation on the status of Fractional Homeownership Ad-Hoc Committee efforts;
and
2. Report to the City Council on the progress being made on Fractional Homeownership.
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 8 MOTION FOR RECONSIDERATION
ITEM NO. 9 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA
ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES
XI. ADJOURNMENT