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NEWPORT BEACH
City Council Staff Report
January 10, 2023
Agenda Item No. 11
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 January 5, 2022
ITEM NO. 1 ELECTION OF OFFICERS
SUMMARY: Due to the election of former Chair Kleiman to the City Council, the Commission
needs to elect a new Chair. If Vice Chair Elmore or Secretary Rosene is elected
Chair, the Vice Chair or Secretary position would become vacant and those
position should also be filled. Officers elected would serve for the rest of the term
ending June 30, 2023.
Planning Commissioner, Lee Lowrey nominated Vice Chair, Curtis Ellmore for
Chair; Secretary Mark Rosene for Vice Chair; and Planning Commissioner Sarah
Klaustermeier for Secretary. All nominations were approved by the following vote:
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved
ITEM NO. 2 MINUTES OF JANUARY 5, 2023
SUMMARY: Approval of minutes from the November 3, 2022, Planning Commission meeting.
The Planning Commission approved the draft minutes with minor edits suggested
by a member of the public by the following vote.
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved with edits
Planning Commission Agenda Report for January 5, 2022
January 10, 2023
Page 2
PUBLIC HEARING ITEMS:
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.
The Planning Commission conducted a public hearing and approved the project as
recommended by the following vote.
AYES:
Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
ITEM NO. 4 SUGARFISH RESTAURANT (PA2022-0149)
Site Location: 2600 East Coast Highway
Summary: A conditional use permit to establish a new food service, eating and drinking
establishment (restaurant) and waive 19 required parking spaces with a parking
management plan. 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
The Planning Commission conducted a public hearing and approved the project as
amended by the following vote.
AYES:
Harris, Klaustermeier, Lowrey, and Rosene
NOES:
Ellmore
ABSENT:
None
ABSTAIN:
None
ACTION: Approved recommended
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:
11-2
ACTION
ITEM NO. 6
Planning Commission Agenda Report for January 5, 2022
January 10, 2023
Page 3
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-213.
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.
The Planning Commission conducted a public hearing and adopted a resolution
recommending City Council approval of the proposed project by the following vote.
AYES:
Ellmore Harris, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
Approved as recommended
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.
The Planning Commission conducted a public hearing and adopted a resolution
recommending City Council approval of the proposed amendmenmts by the
following vote.
AYES:
Harris, Ellmore, Klaustermeier, Lowrey, and Rosene
NOES:
None
ABSENT:
None
ABSTAIN:
None
ACTION: Approved as recommended
11-3
January 10, 2023
Agenda Item No. 11
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
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Planning Commission Regular Meeting Agenda
January 5, 2023
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
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
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.
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Planning Commission Regular Meeting Agenda
January 5, 2023
Recommended Action:
1. Conduct a public hearing; and
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.
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-213.
• 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-213.
• 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).
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Planning Commission Regular Meeting Agenda
January 5, 2023
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 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
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