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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 22, 2020
REGULAR MEETING - 6:30 P.M.
ERIK WEIGAND
Chair
LEE LOWREY
Vice Chair
LAUREN KLEIMAN
Secretary
CURTIS ELLMORE
SARAH KLAUSTERMEIER PETER KOETTING
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, October 21, 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
October 22, 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. 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 SEPTEMBER 17, 2020
To comment on this item during the meeting, please call 949-270-8165.
Recommended Action: Approve and file
Planning Commission Regular Meeting Agenda
October 22, 2020
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ITEM NO. 2 CORTELL TRUST ENROACHMENT (PA2020-287)
Site Location: 425 Tustin Avenue
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A request to waive City Council Policy L-6 to install non-compliant private improvements within the Tustin
Avenue public right-of-way consisting of two 6-inch steps and a fence with 36-inch high pilasters that
encroach up to 8 feet 10 inches into the public right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures),
because it has no significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to install noncompliant
private improvements consisting of two steps and a fence with pilasters that encroach into the
Tustin Avenue public right-of-way, contingent upon all conditions of the Encroachment Permit
process being met (Attachment No. PC 1); and
3. Adopt Resolution No. PC2020-038 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2020-0482.
ITEM NO. 3 BARRETT ENCROACHMENT (PA2020-288)
Site Location: 445 Tustin Avenue
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A request to waive City Council Policy L-6 to retain existing non-compliant improvements within the Tustin
Avenue public right-of-way including two walls with a maximum height of thirty-nine (39) inches that
encroach up to eight (8) feet into the public right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures),
because it has no significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain non-compliant
private improvements consisting of two walls that encroach into the Tustin Avenue public right-
of-way, contingent upon all conditions of the Encroachment Permit process being met; and
3. Adopt Resolution No. PC2020-039 waiving City Council Policy L-6 and approving Encroachment
Permit No. N2020-0512.
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.
Planning Commission Regular Meeting Agenda
October 22, 2020
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ITEM NO. 4 AT&T SMALL CELL SLC0902 APPEAL (PA2019-113)
Site Location: Public right-of-way, City streetlight number SLC0902, at the northwestern
corner of 38th Street and Lake Avenue.
To comment on this item during the meeting, please call 949-270-8165.
Summary:
An appeal of the Zoning Administrator’s August 27, 2020, decision to approve a coastal development
permit allowing the installation of a small cell wireless facility on a City-owned streetlight pole.
Recommended Action:
1. Conduct a de novo 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. PC2020-034 upholding the decision of the Zoning Administrator and
approving Coastal Development Permit CD2020-119 with the attached Findings and Conditions.
ITEM NO. 5 AT&T SMALL CELL SLC4653 APPEAL (PA2019-115)
Site Location: Public right-of-way, city streetlight number SLC4653. On the north side
of Bayside Drive, approximately 900 feet northwest of El Paseo Drive
To comment on this item during the meeting, please call 949-270-8165.
Summary:
An appeal of the Zoning Administrator’s August 27, 2020, decision to approve a coastal development
permit allowing the installation of a small cell wireless facility on a City-owned streetlight pole.
Recommended Action:
1. Conduct a de novo 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. PC2020-035 affirming the decision of the Zoning Administrator and
approving Coastal Development Permit CD2020-118 with the attached Findings and Conditions.
Planning Commission Regular Meeting Agenda
October 22, 2020
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ITEM NO. 6 CHIHUAHUA CERVEZA EXPANSION (PA2019-160)
Site Location: 3107 Newport Boulevard and 3109 Newport Boulevard
To comment on this item during the meeting, please call 949-270-8165.
Summary:
Conditional Use Permit (CUP) and Coastal Development Permit for the expansion of an existing
restaurant into the adjacent commercial suite. The application includes a 25-space parking waiver and a
change to the existing alcohol license from a Type 41 ABC License (Beer and Wine) to a Type 47 (On-
Sale General Eating Place). The application also includes a request to allow limited live entertainment in
the form of two non-amplified performers and no late hours past 11 p.m. or dancing are proposed. If
approved, the subject CUP would supersede the existing CUP (UP2010-036).
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) and 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. PC2020-036 approving Conditional Use Permit No. UP2019-035 and
Coastal Development Permit No. CD2020-001.
ITEM NO. 7 POUR VIDA RESTAURANT (PA2019-259)
Site Location: 5000 Birch Street
To comment on this item during the meeting, please call 949-270-8165.
Summary:
A conditional use permit to establish a 3,027-square-foot restaurant with 1,830 square feet of net public
area (839 square feet interior and 991 exterior) in an existing 10-story office building within Koll Center
Planned Community Office Site B (KCN Site B). The restaurant includes a Type 41 (On-Sale Beer and
Wine) Alcoholic Beverage License, with no late hours. The proposed hours of operation are 6 a.m. to 11
p.m., Monday through Friday and 9 a.m. to 11 p.m., Saturday and Sunday. There will be no live
entertainment or dancing. Also included is a request to waive 21 parking spaces.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment; and
3. Adopt Resolution No. PC2020-037 approving Use Permit No. UP2019-056.
Planning Commission Regular Meeting Agenda
October 22, 2020
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VIII. DISCUSSION ITEMS
ITEM NO. 8 APPOINTMENT OF COMMISSIONER FOR CIRCULATION ELEMENT UPDATE
OUTREACH EFFORT
Summary:
Appointment of a Planning Commissioner to assist the Outreach Subcommittee of Housing Element
Update Committee in regards to the outreach effort for the Circulation Element.
Recommended Action:
1. Determine this activity is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, Title 14, Division 6, Chapter 3
because this action will not result in a physical change to the environment, directly or indirectly;
and
2. Appoint Commissioner Koetting to work with the Outreach Subcommittee of the Housing Element
Update Advisory Committee.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 9 MOTION FOR RECONSIDERATION
ITEM NO. 10 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT