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FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
January 28, 2020
Agenda Item No. 14
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for January 23, 2020
ITEM NO. 1 MINUTES OF NOVEMBER 21, 2019
SUMMARY: Draft minutes from the November 21, 2019, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested
amendments to the minutes by a member of the public. The Planning Commission
approved the minutes with the suggested amendments by the following vote.
AYES:
Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Ellmore
ACTION: Approved as amended.
ITEM NO.2 MINUTES OF DECEMBER 5, 2019
SUMMARY: Draft minutes from the December 5, 2019, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested
amendments to the minutes by a member of the public. The Planning Commission
approved the minutes with the suggested changes by the following vote.
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES: None
ABSENT: None
ABSTAIN: Klaustermeier
ACTION: Approved as amended.
14-1
Planning Commission Agenda Report for January 23, 2020
January 28, 2020
Page 2
PUBLIC HEARING ITEMS:
ITEM NO. 3 24 HARBOR ISLAND PROPERTY LINE WALL VARIANCE (PA2019-059)
Site Location: 24 Harbor Island
SUMMARY: A coastal development permit and variance to construct a 120 -foot long, 6 -foot -tall
block wall located along the southeasterly side property line where wall height is
limited to 42 inches because the 11.5 -foot setback area is regulated as a front
setback.
The Planning Commission conducted a public hearing and approved the project
as recommended.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved.
ITEM NO. 4 RESIDENTIAL DESIGN STANDARDS CODE AND LCP AMENDMENTS
(PA2019-070)
Site Location: Citywide
SUMMARY: Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC) revising
development standards applicable to single- and two -unit residential
development. Specifically, the proposed amendments would reduce bulk and
mass associated with future residential development as follows:
Revisions to Third Floor Standards
• Third floor step backs would apply to covered deck areas (currently applies
only to enclosed floor area).
• Third floor side step backs would apply to lots 30 feet wide or greater
(currently applies to lots wider than 30 feet).
• Third floor standards would apply to Balboa Island (currently exempt).
• Maximum covered third floor area (enclosed or unenclosed) limited to 50
percent of buildable area. Uncovered deck area would remain unrestricted.
Clarification of Gross Floor Area
• Unfinished attics with a ceiling height of 6 feet or higher would count as floor
area (currently only finished attics count).
• Covered patios, decks, and balconies above the first floor would count as
floor area unless completely open on at least two sides, rather than one side.
• Carports only open on one side would count as floor area.
Single -Unit and Two -Unit Dwellings in RM Zone
• Existing third floor and open space standards applicable to R-1 and R-2
zones would now apply to single- and two -unit dwellings in RM zones.
14-2
Planning Commission Agenda Report for January 23, 2020
January 28, 2020
Page 3
The item was removed from the calendar to allow additional time for staff analysis.
The item will be brought back to the Planning Commission on February 20, 2020.
ACTION: Item removed from calendar
STUDY SESSION ITEMS:
ITEM NO. 5 AB 881 (ACCESSORY DWELLING UNITS) and
SB 330 (HOUSING CRISIS ACT OF 2019)
Site Location: Citywide
SUMMARY: Staff provided a summary of recent State -mandated changes to accessory dwelling
unit requirements. These mandates require the City to modify the City's ordinances
to make them comply. Amendments to both Title 20 (Zoning) and Title 21 (Local
Coastal Program Implementation Plan) are under preparation pursuant to direction
from the City Council. Staff also provided a summary of the key provisions of Senate
Bill 330 that became effective on January 1, 2020, and its effects on housing
development.
ACTION: The Planning Commission considered the presentation and staff responses to
Commissioner questions. The Commission received public comments and no
action was taken.
14-3
January 28, 2020
Agenda Item No. 14
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 23, 2020
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 NOVEMBER 21, 2019
Recommended Action: Approve and file
ITEM NO.2 MINUTES OF DECEMBER 5, 2019
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. 3 24 HARBOR ISLAND PROPERTY LINE WALL VARIANCE (PA2019-059)
Site Location: 24 Harbor Island
Summary:
A coastal development permit and variance to construct a 120 -foot long, 6 -foot -tall block wall located along
the southeasterly side property line where wall height is limited to 42 inches because the 11.5 -foot setback
area is regulated as a front setback.
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. PC2020-001 approving Coastal Development Permit No.
CD2019-021 and Variance No. VA2019-004.
Planning Commission Regular Meeting Agenda
JANUARY 23, 2020
ITEM NO. 4 RESIDENTIAL DESIGN STANDARDS CODE AND LCP AMENDMENTS (PA2019-070)
Site Location: Citywide
Summary:
Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code (NBMC) revising development standards applicable to single- and two -
unit residential development. Specifically, the proposed amendments would reduce bulk and mass
associated with future residential development as follows:
Revisions to Third Floor Standards
• Third floor step backs would apply to covered deck areas (currently applies only to enclosed floor
area).
• Third floor side step backs would apply to lots 30 feet wide or greater (currently applies to lots wider
than 30 feet).
• Third floor standards would apply to Balboa Island (currently exempt).
• Maximum covered third floor area (enclosed or unenclosed) limited to 50 percent of buildable area.
Uncovered deck area would remain unrestricted.
Clarification of Gross Floor Area
• Unfinished attics with a ceiling height of 6 feet or higher would count as floor area (currently only
finished attics count).
• Covered patios, decks, and balconies above the first floor would count as floor area unless completely
open on at least two sides, rather than one side.
• Carports only open on one side would count as floor area.
Single -Unit and Two -Unit Dwellings in RM Zone
• Existing third floor and open space standards applicable to R-1 and R-2 zones would now apply to
single- and two -unit dwellings in RM zones.
Recommended Action:
This item has been removed from the calendar to allow additional legal review of the proposed
amendments to ensure compliance with recent changes in State law.
VIII. DISCUSSION ITEMS
ITEM NO. 5 AB 881 (ACCESSORY DWELLING UNITS) AND SB 330 (HOUSING CRISIS ACT OF 2019)
Summary:
Staff will provide a presentation.
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