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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, DECEMBER 21, 2023
REGULAR MEETING - 6:00 P.M.
CURTIS ELLMORE
Chair
MARK ROSENE
Vice Chair
TRISTAN HARRIS
Secretary
BRADY BARTO JON LANGFORD
LEE LOWREY
DAVID SALENE
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, Assistant City Manager/Community Development Director
JAIME MURILLO, Acting 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 6:00
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 planningcommission@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.
Planning Commission Regular Meeting Agenda
December 21, 2023
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, DECEMBER 21, 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 DECEMBER 7, 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 1401 QUAIL STREET RESIDENCES (PA2023-0040)
Site Location: 1401 Quail Street
Summary:
A demolition of an existing office building and construction of 67 for-sale residential condominium units
atop a 146-space parking structure. The proposed podium-style residential building is approximately 87
feet tall and consists of six-stories above grade with a subterranean parking level below. The application
consists of the following components:
• General Plan Amendment – A request to change the existing General Plan Land Use Designation of
the Property from CO-G (General Commercial Office) to MU-H2 (Mixed-Use Horizontal);
• Planned Community Development Plan Amendment – An amendment to the Newport Place Planned
Community (PC11) to include the Property within the Residential Overlay;
• Major Site Development Review - A site development review in accordance with the Newport Place
Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach
Municipal Code (NBMC), for the construction of the Project;
• Tentative Vesting Tract Map – A Vesting Tentative Tract Map No. 19261 pursuant to Title 19
(Subdivisions) of the NBMC for condominium purposes of 67 dwelling units;
• Affordable Housing Implementation Plan - A program specifying how the project would meet the City’s
affordable housing requirements, in exchange for a request of 27.5% increase in density. The
applicant seeks development standard waivers and incentives pursuant to Chapter 20.32 (Density
Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law);
• Development Agreement – A Development Agreement, between the applicant and the City, pursuant
to Sections 15.45.020.A.2.a (Development Agreement Required) of the NBMC, which would provide
Planning Commission Regular Meeting Agenda
December 21, 2023
the applicant with a vested right to develop the Project for a term of ten years and provide negotiated
public benefits to the City; and
• Addendum to the 2006 General Plan Update Program Environmental Impact Reports - Pursuant to
the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable
environmental impacts resulting from the project.
Recommended Actions:
1. Conduct a public hearing;
2. Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program Environmental Impact
Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach
Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in
accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines,
an addendum to the previously adopted PEIR is the appropriate environmental documentation
for the project; and
3. Adopt Resolution No. PC2023-047 (Attachment No. PC 1) recommending the City Council
adoption of an Environmental Impact Report Addendum, and approval of General Plan
Amendment, Planned Community Development Plan Amendment, Major Site Development
Review, Affordable Housing Implementation Plan, Tentative Vesting Tract Map and
Development Agreement, for the Residences at 1401 Quail Street Project located at 1401
Quail Street (PA2023-0040).
ITEM NO. 3 SOBER LIVING BY THE SEA ZONING AGREEMENT TERMINATION (PA2008-199)
Site Location: Citywide
Summary:
Request to terminate Development Agreement 2008-005, a Zoning Implementation and Public Benefit
Agreement (Zoning Agreement) between the City of Newport Beach and Sober Living by the Sea Inc. dba
Sierra by the Sea, Inc. The Zoning Agreement authorized the operation of residential care facilities in the
City subject to specific limitations.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered by
the general rule that CEQA applies only to projects that have the potential for causing a significant
effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). It can be seen with
certainty that there is no possibility that this activity will have a significant effect on the
environment, and it is not subject to CEQA; and
3. Adopt Resolution No. PC2023-044 recommending to the City Council to terminate
Development Agreement NO. 2008-005, Zoning implementation and Public Benefit
Agreement (PA2008-199).
Planning Commission Regular Meeting Agenda
December 21, 2023
ITEM NO. 4 BALDWIN & SONS MEDICAL OFFICE (PA2022-158)
Site Location: 20 Corporate Plaza
Summary:
A request to convert a portion of the existing subterranean private parking area beneath the general office
building at 20 Corporate Plaza into a 5,081-square-foot medical office. The project would require the
following approvals to implement:
• General Plan Amendment - To amend Anomaly Number 34 of Table LU2 in the General Plan Land
Use Element to increase the maximum development limit by 2,711 square feet for a maximum
development limit of 471,591 square feet.
• Planned Community Development Plan Amendment - To amend the Corporate Plaza Planned
Community (PC-17) Development Plan to allow a maximum gross building floor area of 471,591
square feet and to add “medical office” as an allowed use for Building Site 20.
• Conditional Use Permit - To allow an adjustment to the required off-street parking by waiving four
spaces required for the new medical office.
• Development Agreement -The consideration of development agreement providing development
rights in exchange for public benefits in accordance with Chapter 15.45 (Development Agreements)
of the Newport Beach Municipal Code.
Recommended Actions:
1. Conduct a public hearing;
2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303, Class 3 (New Construction or Conversions 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. PC2023-045 recommending City Council approval of PA2022-0158,
which includes the requested General Plan Amendment, Planned Community Development
Plan Amendment, Conditional Use Permit, and Development Agreement, for the Baldwin &
Sons Medical Office, located at 20 Corporate Plaza.
ITEM NO. 5 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN (PA2021-089)
Site Location: 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via
Lido, 3400 through 3450 Via Oporto (even), and 3421 through 3505 Via
Oporto (odd)
Summary:
The applicant requests to amend the existing conditional use permit (UP2017-019) that authorized a
parking reduction and parking management plan (PMP) for Lido Marina Village (LMV). The applicant
requests to remove the current requirement for off-site employee parking at Hoag Health Center (540
Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the
site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking
on-site within the existing LMV parking structure and waiving additional parking spaces. If approved, this
Conditional Use Permit would supersede Use Permit No. UP2017-019. The project also includes a coastal
development permit to evaluate the change in intensity related to the parking reduction, PMP, and off-site
parking.
Recommended Actions:
1. Conduct a public hearing;
Planning Commission Regular Meeting Agenda
December 21, 2023
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-046 approving Conditional Use Permit and Coastal
Development Permit filed as PA2021-089 and superseding Conditional Use Permit No.
UP2017-019 (PA2017-153).
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