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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JUNE 22, 2023
REGULAR MEETING - 6:00 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 Clarivel Rodriguez, Administrative Assistant, at least 72 hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3232 or
crodriguez@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, JUNE 22, 2023
REGULAR MEETING – 6:00 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 18, 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
June 22, 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.
ITEM NO. 3 MILLER RESIDENCE (PA2023-0017)
Site Location: 22 Bay Island
Summary:
A coastal development permit (CDP) to allow the demolition of an existing single-unit dwelling and
the construction of a new, 4,566-square-foot, three (3)-story single-unit dwelling, adjustment to the
off-street parking requirements with a parking management plan, and an increase to the allowed
building height to 28 feet for flat portions of the roof and 33 feet for the sloped portions of the roof in
accordance with Use Permit No. UP3618. The design includes hardscape, drainage facilities, and
landscaping. With approval of the height allowance, the project complies with all applicable
development standards.
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) of the CEQA
Guidelines, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-024 approving a Coastal Development Permit for the demolition
and reconstruction of a single-unit dwelling (PA2023-0017).
ITEM NO. 4 NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
(PA2023-0082)
Site Location: Generally bounded by MacArthur Boulevard, Jamboree Road, Birch
Street and Bristol Street North
Summary:
An amendment to Newport Place Planned Community Development Plan (PC-11) to change the
minimum affordable housing percentage of the Residential Overlay from thirty percent (30%) to fifteen
percent (15%).
Recommended Action:
1. Conduct a public hearing;
2. Find this Amendment is not subject to the California Environmental Quality Act (“CEQA”) under
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA; and
3. Adopt Resolution No. PC2023-025 recommending approval of a Planned Community
Development Plan Amendment to modify the minimum inclusionary affordable housing
percentage to the City Council.
Planning Commission Regular Meeting Agenda
June 22, 2023
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ITEM NO. 5 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
(PA2023-0071)
Site Location: 1550 Avocado Avenue at the corner of Avocado Avenue and San Joaquin
Hills Road
Summary:
Consistent with the City Council’s initiation on April 25, 2023, the proposed amendment to the Newport
Village Planned Community (PC-27) Development Plan would add “recreational facilities” as an
allowed use within the area designated as Area 1. Area 1 encompasses the 2.43-acre property at the
corner of Avocado Avenue and San Joaquin Hills Road that is developed with the Orange County
Transportation Authority (OCTA) transit facility and surface parking lot.
Recommended Action:
1.Conduct a public hearing;
2.Find the amendment is not a project subject to the California Environmental Quality Act (CEQA)
in accordance with Section 21065 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). The proposed 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; and
3.Adopt Resolution No. PC2023-026, recommending the City Council approve a Planned
Community Development Plan Amendment allowing recreational facilities in Area 1 of the
Newport Village Planned Community.
VIII.DISCUSSION ITEMS
ITEM NO. 6 NEW VISITOR-SERVING ACCOMMOTATIONS MU-W2 AND MU-CV/15TH ST
Site Location: Various properties located in Lido Village, Cannery Village, McFadden
Square and mixed-use areas on 15th Street, Agate Avenue, and Marine
Avenue
Summary:
At City Council’s request on May 23, 2023, Planning Commission was directed to identify
opportunities for to modify Titles 20 and 21 of the Newport Beach Municipal Code to facilitate new
visitor serving accommodation opportunities withing the MU-W2 and MU-CV/15th Street zones. The
request also included several considerations: 1) applicability to multi-unit residential developments
with 20 or more residential units under common ownership, 2) requirement for professional
management, 3) requirement for project amenities, and 4) where there are no parking impacts that
could reduce the availability of parking in residential neighborhoods.
Recommended Action:
1.Receive public comment;
2.Find recommended actions exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3 because it has no potential to have a significant effect on the environment;
3.Form an ad hoc committee consisting of three Planning Commissioners appointed by the
Chair to develop a recommendation for the Planning Commission to consider and forward to
the City Council; or
Planning Commission Regular Meeting Agenda
June 22, 2023
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4.Instruct staff to prepare a report focusing on the topic that will be reviewed by all the Planning
Commissioners at a future date.
IX.STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
X.ADJOURNMENT