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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, APRIL 23, 2020
REGULAR MEETING - 6:30 P.M.
PETER KOETTING
Chair
ERIK WEIGAND
Vice Chair
LEE LOWREY
Secretary
CURTIS ELLMORE
SARAH KLAUSTERMEIER LAUREN KLEIMAN
MARK ROSENE
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 TONY BRINE, City Traffic Engineer
AMANDA LEE, Administrative Support Technician
SPECIAL NOTICE REGARDING COVID-19
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19.
On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows Council Members to attend City
Council meetings telephonically. Please be advised that to minimize the spread of COVID-19, some, or all, of the Newport
Beach City Council Members may attend this meeting telephonically.
Also, please be advised that on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows for the
public to participate in any meeting of the City Council telephonically or by other electronic means. Given the health risks
associated with COVID-19, the City of Newport Beach has decided to not have City Council Chambers open to the public
for this meeting. As a member of the public, if you would like to participate in this meeting, you can participate via the following
options:
1. You can submit your questions and comments in writing for Planning Commission consideration by sending them to the
Planning Commissioners at planningcommissioners@newportbeachca.gov. To give the Planning Commission adequate
time to review your questions and comments, please submit your written comments by Wednesday, April 22, 2020, at
5:00 p.m.
2. In addition, members of the public can participate in this meeting telephonically. Specifically, the meeting will be viewable
on NBTV and live streamed on the City’s website. If you are watching the meeting on NBTV or via the live stream, during
the meeting, phone numbers for the public to call and to comment on specific agenda items will be posted on the screen.
When you call, you will be placed on hold until it is your turn to speak. Please note that only twenty (20) people can
remain on hold at a time. If you call in to speak on an item and the line is busy, please call back after a few moments.
The City will ensure that it allows enough time per item for everyone to call in to comment.
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the
meeting via the process set forth above, please contact the Community Development Department at (949-644-3200 or
CDD@newportbeachca.gov) and we will attempt to accommodate you.
The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the
COVID-19 virus.
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. 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.
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April 23, 2020
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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.
Please Note: All mail or written communications (including email) from the public, residents, or applicants regarding an
agenda item must be submitted by 5 p.m. on the business day immediately prior to the meeting. This allows time for
the Planning Commission to adequately consider the submitted correspondence.
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.
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.
Please call 949-270-8165 during the meeting to provide public comments on non-agenda items.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF MARCH 5, 2020
To comment on this item during the meeting, please call 949-270-8165.
Recommended Action: Approve and file
VII. STUDY SESSION
ITEM NO. 2 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PA2014-225)
Site Location: Northerly portion of the Campus Tract, generally bounded Birch Street,
Campus Drive, MacArthur Blvd. and the extension of Corinthian Way
To comment on this item during the meeting, please call 949-270-8165.
Summary:
The proposed Newport Airport Village Planned Community would cover approximately 16.46 acres of land
generally located northwest of the intersection of Macarthur Boulevard and Birch Street near John Wayne
Airport. Future development will include up to 444 residential units (including some affordable housing
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units) and up to 297,000 square feet of commercial and office development that will replace existing non-
residential uses over time. The specific applications include: 1) General Plan Amendment to re-designate
16.46 acres of the northerly portion of the Campus Tract from Airport Office and Supporting Uses (AO) to
Mixed Use Horizontal 2 (MU-H2); 2) Zoning Code Amendment to change the zoning district of the project
site from Office Airport (OA) to Planned Community (PC) including the approval of a Planned Community
Development Plan (a zoning regulatory plan); and 3) a Development Agreement that would provide vested
rights to develop the planned community while providing negotiated public benefits.
Recommended Action:
No action on either the project or EIR addendum will be taken by the Planning Commission.
VIII. 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 THE CRAB COOKER SIGNAGE AND ENCROACHMENTS (PA2019-126)
Site Location: 2200 Newport Boulevard
To comment on this item, please call 949-270-8165 during the meeting.
Summary:
A request to establish a comprehensive sign program for the reconstructed The Crab Cooker restaurant
building. The applicant proposes to replace most of the signage that was existing prior to demolition. This
proposal requires approval of a modification permit to allow an increase in maximum cumulative sign area
over what is allowed by the Zoning Code. The previously existing rooftop “Don’t Look Up Here” fish-
shaped sign is proposed to be refurbished, reinstalled and designated as a heritage sign.
Also included in the request is a waiver of City Council Policy L-6 to install private improvements within
the Newport Boulevard and 22nd Street public rights-of-way consisting of the replacement of previously
existing benches and refurbishment of an existing freestanding clock. All other proposed encroachments
are consistent with Policy L-6.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15303 and 15311 (Class 3 [New Construction or Conversion of Small Structures] and
Class 11 [Accessory Structures]) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment. The exceptions to the use of these categorical exemptions
pursuant to Section 15300.2 are not applicable;
3. Adopt Resolution No. PC2020-011, approving Comprehensive Sign Program No. CS2019-
006, Modification Permit No. MD2020-003 and designating a heritage sign;
4. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to allow the
reconstruction of benches and refurbishment of an existing freestanding clock that encroach
into the Newport Boulevard and 22nd Street public rights-of-way subject to the conditions of
the Encroachment Permit process being satisfied; and
5. Adopt Resolution No. PC2020-012, waiving City Council Policy L-6 and approving
Encroachment Permit No. N2019-0361.
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ITEM NO. 4 501 PARK AVENUE RESTAURANT (PA2019-238)
Site Location: 501 Park Avenue
To comment on this item, please call 949-270-8165 during the meeting.
Summary:
An amendment to an existing conditional use permit to upgrade the current ABC license from a Type 41
(On-Sale Beer and Wine – Eating Place) to a Type 47 (On Sale General) for an existing restaurant, and
to extend the hours of operation from 7:00 a.m. to 9:00 p.m., daily, to 7:00 a.m. to 10:00 p.m., daily. The
applicant also requests a continuation of a previously approved off-street parking reduction. If approved,
this Conditional Use Permit would supersede Use Permit No. UP2014-009.
Recommended Action:
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. PC2020-009 approving Conditional Use Permit No. UP2019-053.
ITEM NO. 5 iL FARRO CAFFE TRATTORIA USE PERMIT AMENDMENT (PA2019-162)
Site Location: 111 21st Place
To comment on this item, please call 949-270-8165 during the meeting.
Summary:
A request to amend the currently effective Use Permit in order to change operational restrictions for an
existing restaurant. The applicant specifically requests the following: (1) to change the allowed hours of
operation to 6 a.m. to 1:30 a.m., daily, with alcohol service not beginning until 11 a.m.; (2) to allow a happy
hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site consumption on a limited basis with a Type
21 Alcoholic Beverage Control (ABC) License; and (4) to allow limited live entertainment. If approved, this
Conditional Use Permit would supersede Use Permit No. UP3690 and Outdoor Dining Permit No.
OD0032. Also, if approved, the operator is required to obtain an operator license from the Police
Department pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25.
Recommended Action:
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, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect
on the environment; and
3. Adopt Resolution No. PC2020-010 approving Conditional Use Permit No. UP2019-050.
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