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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MAY 4, 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, MAY 4, 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 PARK NEWPORT LANDSLIDE AND ROCKFALL MITIGATION PROJECT (PA2023-0034)
Site Location: The bluff and residential areas near 5000 Park Newport Drive and Back
Bay Drive at the bottom of the slope
Summary:
A request for a coastal development permit to allow the installation of anchored mesh, temporary tarps,
and k-rails to help mitigate the potential for rockfall from the sloped area adjacent to the Park Newport
community onto Back Bay Drive. The project also includes the installation of soldier piles within the Park
Newport site near two existing residential buildings to further mitigate against landslide risk. As the k-rails
are located in the public right-of-way, the applicant is requesting a waiver of Council Policy L-6 and an
encroachment permit to retain the existing non-compliant improvements, consisting of three sections of
temporary k-rail that encroach up to 12 feet, 8 inches into the 40-foot-wide public right-of-way at the
property.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), Section 15301
under Class 1 (Existing Facilities), and Section 15303 under Class 3 (New Construction or
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;
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May 4, 2023
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3. Waive City Council Policy L-6, Encroachments in the Public Rights-of-Way, to retain existing non-
compliant private improvements within the Back Bay Drive public right-of-way consisting of three
sections of temporary k-rail that encroach in excess of 1-foot into the 40-foot wide Back Bay Drive
public right-of-way or taller than 36-inches in height; and
4. Adopt Resolution No. PC2023-021 approving the Coastal Development Permit filed as PA2023-
0034.
ITEM NO. 3 SPECIAL FLOOD HAZARD (VE) OVERLAY CODE AMENDMENTS (PA2018-075)
Site Locations: West Ocean Front properties, generally located between 24th Street and
48th Street
Summary:
The City is proposing amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to establish a new Special
Flood Hazard (VE) Overlay District for properties along West Ocean Front, generally located between
24th Street and 48th Street, and designated by the Federal Emergency Management Agency (FEMA)
as being in the VE Special Flood Hazard Area (VE Zone). The proposed overlay would modify
development standards for new residential projects allowing raised walkways, decks, and stairs with
necessary guardrails to encroach into the front, side, and rear setback areas to provide reasonable
use and site access. The raised decks and walkways would be elevated similarly to the required
elevated finished floor of the new home.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) in accordance
with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(C)(2), 15060(c)(3),
and 15378. The action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3)
because it has no potential to have a significant effect on the environment. The Amendments
themselves do not authorize development that would directly result in physical change to the
environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are
exempt from the requirements of CEQA in connection with the adoption of a Local Coastal
Program, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-022 recommending the City Council approve PA2018-075,
including the Zoning Code Amendment and the Local Coastal Program Amendment, and
authorize staff to submit the amendment to the California Coastal Commission.
ITEM NO. 4 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 Golf 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
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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. NEW BUSINESS
ITEM NO. 5 PLANNING COMMISSION MEETINGS CHANGE OF TIME
Site Location: Citywide
Summary:
Proposal to modify the Rules of Procedures of the Planning Commission to change the meeting start
time from 6:30 p.m. to 6:00 p.m.
Recommended Action:
1. Invite public comment;
2. Find the proposed amendments exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 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, because it has no potential
for resulting in physical change to the environment, directly or indirectly; and
3. Modify the Rules of Procedures for the Planning Commission to change its regular meeting start
time to 6:00 p.m.
IX. 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
X. ADJOURNMENT