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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 3, 2024
REGULAR MEETING - 6:00 P.M.
MARK ROSENE
Chair
TRISTAN HARRIS
Vice Chair
DAVID SALENE
Secretary
BRADY BARTO CURTIS ELLMORE
JONATHAN 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, Assistant City Manager/Community Development Director
JAIME MURILLO, 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.
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NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 3, 2024
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 SEPTEMBER 5, 2024
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 BARNARD RESIDENCE (PA2023-0018)
Site Location: 3907 Seashore Drive
Summary:
A request for a coastal development permit to demolish an existing two-unit dwelling and
construct a new 2,318-square-foot, three story, two-unit dwelling with an attached 444-square-
foot two-car garage and two carport spaces in the VE Special Flood Hazard Area (VE Flood
Zone). Additionally, the applicant requests a variance from Title 20 (Planning and Zoning) and
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
(NBMC) to construct three exterior entry stairs, one within the front and side setbacks facing
West Ocean Front and two entirely within interior side setbacks. The front stairs are
approximately 5 feet, 4 inches in height, measured to the highest guardrail and the side stairs
are approximately 7 feet, 9 inches in height, measured to the highest guardrail. A variance is
required because the NBMC restricts stairs, platforms, and landings within the side setback to
18 inches maximum, measured from existing grade, and restricts fences, hedges, and walls
(including guardrails and handrails) to 6 feet maximum, measured from existing grade. Further,
the NBMC restricts the height of fences, hedges, and walls (including guardrails and handrails)
Planning Commission Regular Meeting Agenda
October 3, 2024
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within the front setback to 42 inches maximum, measured from existing grade. The project
complies with all other development standards and no other deviations are requested.
Recommended Actions:
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. PC2024-021, approving the Coastal Development Permit and
Variance filed as PA2023-0018.
ITEM NO. 3 NEWPORT BEACH HOMES, LLC RESIDENCE (PA2024-0121)
Site Location: 3203 West Ocean Front
Summary:
A request for a coastal development permit to demolish an existing single-unit dwelling and
construct a new 2,634-square-foot, three-story, single-unit dwelling with an attached 376-
square-foot, two-car garage in the VE Special Flood Hazard Area (VE Flood Zone). Additionally,
the applicant requests a variance from Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to construct two
exterior entry stairs, one within the front and side setbacks facing West Ocean Front, and one
entirely within the interior side setback. The front stairs are approximately 6 feet, 10 inches in
height, measured to the highest guardrail and the side stairs are approximately 9 feet 2 inches
in height, measured to the highest guardrail. A variance is required because the NBMC restricts
the height of stairs, platforms, and landings within the side setback to 18 inches maximum,
measured from existing grade, and restricts fences, hedges, and walls (including guardrails and
handrails) to 6 feet maximum, measured from existing grade. Further, the NBMC restricts the
height of fences, hedges, and walls (including guardrails and handrails) within the front setback
to 42 inches maximum, measured from existing grade. The project complies with all other
development standards and no other deviations are requested.
Recommended Actions:
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. PC2024-022, approving the Coastal Development Permit and
Variance filed as PA2024-0121.
Planning Commission Regular Meeting Agenda
October 3, 2024
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ITEM NO. 4 CADE CAFÉ/WINE BAR (PA2024-0074)
Site Location: 2300 Newport Boulevard, McFadden Square Area, Balboa
Peninsula
Summary:
A Conditional Use Permit and Coastal Development Permit to allow a 932-square-foot café/wine
bar with a 368-square-foot outdoor dining patio to operate with Alcoholic Beverage Control
(ABC) Type 41 (On-Sale Beer & Wine – Bona Fide Eating Place) License at Peninsula Village
mixed-use development. The proposed hours of operation would be from 7:00 AM to 10:00 PM,
daily. The request also includes a 23-space parking reduction with a parking management plan
pursuant to Sections 20.40.110 and 21.40.110 of the Newport Beach Municipal Code (NBMC),
for changes in parking demand associated with the proposed café/wine bar and allowable usage
of boat slips within the existing marina to be available for lease to the general public and
commercial tenants of the property.
Recommended Actions:
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) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3.Adopt Resolution No. PC2024-023, approving Conditional Use Permit and Coastal
Development Permit pursuant to PA2024-0074.
VIII.STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED
ON A FUTURE AGENDA
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
IX.ADJOURNMENT