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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MAY 18, 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 18, 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 MAY 4, 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 AERONUTRONIC FORD SOIL VAPOR REMEDIATION APPEAL (PA2022-0180)
Site Location: Near 94 Hartford Drive
Summary:
An appeal of the Zoning Administrator’s March 2, 2023, decision to approve a limited term permit for the
construction and operation of a soil vapor extraction and treatment system. The project includes
construction of a 20-foot wide by 12-foot deep by 10-foot high treatment system building, an underground
pipe network of approximately 2,400 linear feet, and 13 extraction wells for soil gas remediation. The
applicant is requesting a limited term permit to operate the soil vapor extraction and treatment system for
a term of approximately 12 months. A limited term permit is requested to allow a 3.2-foot separation
between the treatment system building and nearest residential structure where the required separation is
8 feet between buildings, and to allow the treatment system building to encroach into the 5-foot front
setback.
Recommended Action:
1. Conduct a de novo public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15330 under Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate
the Release or Threat of Release of Hazardous Water or Hazardous Substances), Section 15308
under Class 8 (Actions by Regulatory Agencies for Protection of the Environment), and Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect
on the environment; and
Planning Commission Regular Meeting Agenda
May 18, 2023
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3. Adopt Resolution No. PC2023-023 denying the appeal and upholding and affirming the Zoning
Administrator’s Approval of a Limited Term Permit for a soil vapor extraction and treatment
system filed as PA202-0180 (Attachment No. PC 1).
ITEM NO. 3 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
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. None, this item has been removed from the agenda.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT