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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JULY 9, 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
CLARIVEL RODRIGUEZ, Administrative Support Specialist
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, July 8, 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.
3. If you need special accommodations, you can attend and participate in the meeting by going to the Civic Center
Community Room located at 100 Civic Center Drive where the meeting will be broadcasted, and you can address the
Commission. The room has a limited occupancy of 10 people to ensure proper physical distancing.
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.
Planning Commission Regular Meeting Agenda
July 9, 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 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. ELECTION OF OFFICERS
ITEM NO. 1 ELECTION OF OFFICERS
Summary:
The Planning Commission’s adopted rules require the election of officers at its annual meeting, which
occurs at the first meeting of July each year. Officers include the Chair, Vice Chair, and Secretary and
they would serve for a one-year term.
Recommended Action:
1. Find this action not subject to the California Environmental Quality Act (“CEQA”) pursuant to
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3;
2. Nominate Planning Commission officers consisting of Chair, Vice Chair, and Secretary; and
3. Appoint the officers by majority approval of a motion either individually or as one motion for
all positions.
Planning Commission Regular Meeting Agenda
July 9, 2020
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V. 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.
VI. REQUEST FOR CONTINUANCES
VII. CONSENT ITEMS
ITEM NO. 2 MINUTES OF JUNE 18, 2020
To comment on this item during the meeting, please call 949-270-8165.
Recommended Action: Approve and file
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 HOAG DEVELOPMENT AGREEMENT ONE-YEAR EXTENSION (PA2020-065)
Site Location: 1 Hoag Drive
To comment on this item during the meeting, please call 949-270-8165.
Summary:
The City and Hoag Memorial Hospital Presbyterian (“Hoag”) entered into a Development Agreement
(“Agreement”) in 1994 to ensure the orderly development of the hospital over time. On July 23, 2019, the
City Council approved a third amendment to extend the 25-year Term of the Agreement for an additional
ten (10) years in exchange for certain community benefits provided by Hoag. Hoag has requested a fourth
amendment to extend the Term of the Agreement for one (1) additional year in light of COVID-19-related
impacts that have constrained their ability to plan for the future development of the hospital campus
consistent with the amended Agreement. The Agreement grants Hoag the vested right to develop the
hospital campus consistent with an extensive set of regulations and mitigation measures, all of which
would remain unchanged by this proposed fourth amendment.
Recommended Action:
1. Conduct a public hearing;
2. Find all significant environmental concerns for the proposed project have been addressed in a
previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the
City of Newport Beach intends to use said document for the above noted project, and further that
there are no additional reasonable alternative or mitigation measures that should be considered
in conjunction with said project; and
3. Adopt Resolution No. PC2020-026 recommending City Council adoption of Development
Agreement No. DA2020-003 amending Amended and Restated Development Agreement No. 5
to extend the Term of the Agreement by an additional one (1) year.
Planning Commission Regular Meeting Agenda
July 9, 2020
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ITEM NO. 4 AT&T SMALL CELL SLC0796 APPEAL (PA2019-111)
Site Location: Public right-of-way, City Streetlight number SLC0796. At the northwestern
corner of Balboa Boulevard and 30th Street
To comment on this item during the meeting, please call 949-270-8165.
Summary:
An appeal of the Zoning Administrator’s decision on April 16, 2020, to approve a minor use permit allowing
the installation of a small cell wireless facility on a City-owned streetlight pole. Project implementation will
be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1)
Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that
consists of four remote radio units, a raycap disconnect, and an omni-directional antenna within a 12-inch
diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight
pole for a maximum height of 34 feet, 9 inches. Support equipment will be in an adjacent below-grade
vault. Also included is the review of a coastal development permit pursuant to Newport Beach Municipal
Code (NBMC) Section 21.49.020(B).
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New
Construction or Conversion of Small Structures), respectively, of the State CEQA (California
Environmental Quality Act) 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 the
exceptions to the Class 3 exemption under Section 15300.2 do not apply; and
3. Adopt Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052
and affirming the decision of the Zoning Administrator approving Minor Use Permit No.
UP2019-030 with the attached Findings and Conditions.
ITEM NO. 5 SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093)
Site Location: 1600 Jamboree Road
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A general plan amendment and conditional use permit to construct an automated car wash in conjunction
with an existing service station. A general plan amendment is requested to increase the maximum floor
area limit for the site by 1,100 square feet to accommodate the proposed car wash. A conditional use
permit is requested to allow the addition of the proposed car wash. This item was continued from the
November 8, 2018, Planning Commission hearing. If approved, this Conditional Use Permit would
supersede Use Permit No. UP2011-028.
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. PC2020-022 recommending City Council approval of General Plan
Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025.
Planning Commission Regular Meeting Agenda
July 9, 2020
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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