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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, MAY 7, 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, May 6, 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 participat e
in the meeting via the process set forth above, pleas e 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 precaut ions to prevent the spread of the
COVID-19 virus.
Planning Commission Regular Meeting Agenda
May 7, 2020
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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.
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 accord ance 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 APRIL 23, 2020
To comment on this item during the meeting, please call 949-270-8165.
Recommended Action: Approve and file
Planning Commission Regular Meeting Agenda
May 7, 2020
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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 RESIDENTIAL DESIGN STANDARDS CODE AND LCP AMENDMENTS (PA2019-070)
Site Location: Citywide
To comment on this item during the meeting, please call 949-270-8165.
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 are designed to reduce bulk and
mass associated with future residential development as follows:
Revisions to Third Floor Development Standards
• Application of existing third floor front and rear step back requirements to covered deck areas and
to narrower lots 25-foot wide or less lots that are zoned R-2 (the narrower lots are currently exempt).
• Application of existing third floor side step back requirements to lots 30 feet wide or greater.
• Establish a new maximum coverage standard for third floor structures (enclosed or unenclosed) by
limiting them to 50 percent of buildable area of a lot. Uncovered deck area would remain
unrestricted.
Clarification of the Definition of Gross Floor Area
• Currently finished attics with a ceiling height of 6 feet or higher meet the definition and the
amendment would change the definition to include unfinished attics.
• Covered patios, decks, and balconies above the first floor would be defined as floor area unless
completely open on at least two sides, rather than one side.
• Carports only open on one side would be defined as floor area.
Changes Applicable to Single-Unit and Two-Unit Dwellings in the R-BI and RM Zones
Existing third floor and open volume standards applicable to residences and duplexes in the R-1
(Single-unit Residential) and R-2 (Two-unit Residential) zones would apply to future single- and two-
unit dwellings in Two-Unit Residential, Balboa Island (R-BI) and Multiple Residential (RM) zones.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The
proposed action is also exempt pursuant to State CEQA Guidelines Section15061 (b)(3) because it
has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2020-013 recommending the City Council approve Amendment No.
CA2019-004; and of the proposed amendments to the City Council; and
4. Adopt Resolution No. PC2020-014 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-006 to the California Coastal Commission.
Planning Commission Regular Meeting Agenda
May 7, 2020
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ITEM NO. 3 EXTENSION OF AN AMORTIZATION PERIOD FOR NONCONFORMING SIGNS
(PA2019-184)
Site Location: Citywide
To comment on this item during the meeting, please call 949-270-8165.
Summary:
Amendments to Section 20.42.140(A) of Title 20 (Planning and Zoning) and Section 21.30.065(E) of Title
21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to extend
an amortization period for nonconforming signs. NBMC currently requires nonconforming signs to be
removed by October 27, 2020. These amendments would extend the deadline for the removal to October
27, 2025.
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically 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, California Code of Regulations, Title 14, Division 6, Chapter 3;
3. Adopt Resolution No. PC2020-015 recommending the City Council approve Zoning Code
Amendment No. CA2019-007 to amend Section 20.42.140(A) (Nonconforming Signs) of Title 20
(Planning and Zoning) of the Newport Beach Municipal Code; and
4. Adopt Resolution No. PC2020-016 recommending the City Council approve Local Coastal Program
Amendment No. LC2019-005 and authorize staff to submit the amendment to the California Coastal
Commission to amend Section 21.30.065(E) of Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code.
VIII. NEW BUSINESS:
ITEM NO. 4 CITY COUNCIL POLICY K-3 AMENDMENT (CEQA PROCEDURES) REGARDING
SB 743 VEHICLE MILES TRAVELED POLICY AND PROCEDURES
Site Location: Citywide
To comment on this item during the meeting, please call 949-270-8165.
Summary:
Senate Bill (SB) 743, signed in 2013, changes the way transportation studies are conducted in California
Environmental Quality Act (CEQA) documents. Vehicle Miles Traveled (VMT) replaces motorist delay and
level of service (LOS) as the new metric for transportation impact determinations in CEQA. The State
requires all cities to adopt a VMT policy to include transportation impact thresholds. Public Works staff has
prepared a framework for completing a CEQA-level VMT transportation analysis for proposed land
development projects and transportation improvement projects.
Recommended Action:
1. Determine that the actions is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(3) of the CEQA Guidelines, because it will not result in a physical
change to the environment, directly or indirectly; and
2. Adopt Resolution No. PC2020-017 recommending an Amendment to City Council Policy K-3,
Implementation Procedures for the California Environmental Quality Act, to add Vehicle Miles
Traveled (VMT) Analysis Methodology.
Planning Commission Regular Meeting Agenda
May 7, 2020
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IX. 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
X. ADJOURNMENT