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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, APRIL 20, 2023
REGULAR MEETING - 6:30 P.M.
CURTIS ELLMORE
Chair
MARK ROSENE
Vice Chair
SARAH KLAUSTERMEIER
Secretary
BRADY BARTO TRISTAN HARRIS
JON LANGFORD
LEE LOWREY
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.
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other
entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty
dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you
have made a qualifying contribution, please ensure to make this disclosure on the record.
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, APRIL 20, 2023
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 MARCH 23, 2023
Recommended Action: Approve and file
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. 2 KALAVERAS RESTAURANT (PA2022-0263)
Site Location: 900 North Bristol Street
Summary:
A request for a conditional use permit to make up to 940 square feet of the temporary outdoor dining patio
permanent. The applicant also requests to expand the licensed premises of the existing Type 47 (On-Sale
General – Eating Place) Alcohol Beverage Control (ABC) License to include the outdoor dining patio and
to increase the hours of operation to between 10 a.m. to 2 a.m., daily. No live entertainment or dancing is
requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Minor
Use Permit No. UP2017-009.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-016 approving Planning Activity PA2022-0263 for a Conditional
Use Permit to expand an existing eating and drinking establishment.
Planning Commission Regular Meeting Agenda
April 20, 2023
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ITEM NO. 3 FRACTIONAL OWNERSHIP CODE AND LCP AMENDMENT (PA2022-0202)
Site Locations: Citywide
Summary:
Amendments to Sections 20.48.220 (Time Share Facilities) and 20.70.020 (Definitions of Specialized
Terms and Phrases) of Title 20 (Planning and Zoning Code) of the Newport Beach Municipal Code
(NBMC), and to Sections 21.48.025 (Visitor Accommodations) and 21.70.020 (Definitions of
Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation Plan) of the
NBMC. The proposed amendments would modify the definition of time shares to clearly include
fractional homeownership units. As a time share use, fractional ownership would be prohibited in all
residential zoning districts and only allowed in certain commercial and mixed-use zoning districts
subject to existing time share regulations.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15060(c)(2) of the CEQA Guidelines, because it would not result in a direct or reasonably
foreseeable indirect physical change in the environment;
3. Adopt Resolution No. PC2023-017 recommending the City Council adoption of a Code
Amendment thereby to Section 20.48.220 (Time Share Facilities) and Section 20.70.020
(Definitions of Specialized Terms and Phrases) of the Newport Beach Municipal Code related to
time shares (PA2022-0202); and
4. Adopt Resolution No. PC2023-018 recommending the City Council authorize submittal of a Local
Plan Amendment to the California Coastal Commission requesting to amend Sections 21.28.025
(Visitor Accommodations) and 21.70.020 (Definitions of Specialized Terms and Phrases) of the
Newport Beach Municipal Code related to time shares (PA2022-0202).
ITEM NO. 4 NONRESIDENTIAL PARKING CODE AMENDMENTS (PA2021-104)
Site Locations: Citywide
Summary:
Consistent with the City Council’s initiation on January 26, 2021, the proposed amendments to Title
20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) serve to simplify
and modernize some of the City’s parking regulations. The proposed changes include the following:
• Allowing the Community Development Director to reduce off-street parking requirements by up to
20 percent when acceptable evidence is provided;
• Allowing a reduction in off-street parking requirements when bicycle parking is provided in areas
with a demonstrated demand;
• Allowing a reduction in off-street parking requirements when a designated ride-share (e.g., Uber
and Lyft) space is provided;
• Altering the food service, eating and drinking establishment parking requirements to remove the
consideration of “net public area”; and
• Replacing the “take-out service, limited” land use definition with “take-out service—fast-casual”
allowing up to 20 seats.
Recommended Action:
1. Conduct a public hearing;
Planning Commission Regular Meeting Agenda
April 20, 2023
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2. Find this action is not a project subject to the California Environmental Quality Act (CEQA) in
accordance with Section 20165 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6,
Chapter 3 (CEQA Guidelines). Further find this action is also exempt pursuant to CEQA
Guidelines 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;
3. Adopt Resolution No. PC2023-019 recommending the City Council approve the Zoning Code
Amendment modifying regulations pertaining to nonresidential parking; and
4. Adopt Resolution No. PC2023-020 recommending the City Council authorize staff to submit the
Local Coastal Program Amendment to the California Coastal Commission.
ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION, NOISE-RELATED AMENDMENTS
(PA2022-0201)
Site Locations: Various sites in the Newport Beach Airport Area bounded by Campus
Drive, Jamboree Road, and Route 73, including portions of the Newport
Beach Gold Course on Irvine Avenue, the YMCA on University Drive, and
several sites in the Santa Ana Heights area.
Summary:
Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community
Development Standards (PC-11), and the Newport Airport Village Planned Community Development
Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach
General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour areas
specified by the 2008 John Wayne Airport Environs Land Use Plan, and as illustrated in the attached
Noise Contours and Housing Opportunity Sites Map.
Recommended Action:
1. Conduct a public hearing;
2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense
exemption because they would not result in physical environment impacts; and
3. Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise
Amendment to the City Council (PA2022-0201).
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT