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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 22, 2022
Agenda Item No. 12
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,
jampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for March 17, 2022
ITEM NO. 1 MINUTES OF FEBRUARY 17, 2022
SUMMARY: Draft minutes from the February 17, 2022, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and suggested edits from
a member of the public. The amended minutes were approved by the following
vote.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved with edits
ITEM NO. 2 AMS TRUST ENCROACHMENT (PA2022-007)
Site Location: 207 Evening Canyon Road
SUMMARY: A request to waive City Council Policy L-6 to retain existing non-compliant
improvements within the Evening Canyon Road public right-of-way with a maximum
height of 38 -inches including site walls, stairs on grade, and handrails that encroach
up to 7 feet into the 50 -foot -wide public right-of-way and taller than 3 -feet in height at
the Property.
The Planning Commission considered the encroachment permit request and
approved the project as recommended by the following vote.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved as recommended
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Planning Commission Agenda Report for March 17, 2022
March 22, 2022
Page 2
ITEM NO. 3 BARKER ENCROACHMENT (PA2022-031)
Site Location: 401 Catalina Drive
SUMMARY: A request to waive City Council Policy L-6 to retain maximum 5 -foot -high existing non-
compliant improvements within the Catalina Drive public right-of-way including
retaining walls, stairs on grade, handrails, planters and loose rock that encroach up
to 6 -feet into the 50 -foot -wide public right-of-way at the Property ("Project'). The
Catalina Drive parkway within the public right-of-way is approximately seven (7) feet
from face of curb to the property line. City Council Policy L-6 ("Policy") prohibits the
proposed structures are limited to a one (1) -foot projection into the right-of-way.
The Planning Commission considered the encroachment permit request and
approved the project as recommended by the following vote.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES: None
ABSENT: None
ABSTAIN: None
ACTION: Approved as recommended
PUBLIC HEARING ITEMS:
ITEM NO.4 RESIDENTIAL CARE FACILITIES ORDINANCE UPDATE (PA2021-292)
Site Location: Citywide
SUMMARY: Amendments to various Sections of Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code
(NBMC) to standardize application requirements for residential care facilities that are
subject to city permitting as well as establishing standard conditions of approval and
updating definitions.
ACTION: Removed from agenda and will be re -noticed for future consideration
NEW BUSINESS:
ITEM NO. 4 ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195)
Site Location: Citywide
SUMMARY: Annual progress report on the status and implementation of the General Plan and
Housing Element as required by State law and General Plan Implementation
Program 1.3.
The Planning Commission reviewed the reports and found the preparation and
submission of the 2021 General Plan Progress Report including the Housing
Element Annual Progress Report not subject to the California Environmental
Quality Act (CEQA) and recommends the City Council review and authorize the
submittal of the reports to the California Office of Planning and Research (OPR)
and the State Department of Housing and Community Development (HCD).
AYES:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and
Weigand
NOES:
None
ABSENT:
None
RECUSED:
None
ACTION: Recommended City Council to review the reports and authorize the submittals to
OPR and HCD.
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March 22, 2022
Agenda Item No. 12
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MARCH 17, 2022
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 FEBRUARY 17, 2022
Recommended Action: Approve and file
ITEM NO. 2 AMS TRUST ENCROACHMENT (PA2022-007)
Site Location: 207 Evening Canyon Road
Summary:
A request to waive City Council Policy L-6 to retain existing non-compliant improvements within the
Evening Canyon Road public right-of-way with a maximum height of 38 -inches including site walls,
stairs on grade, and handrails that encroach up to 7 feet into the 50 -foot -wide public right-of-way
and taller than 3 -feet in height at the Property.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15301 and Section 15303 under Class 1 (Existing Facilities) and 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 existing
non-compliant private improvements within the Evening Canyon Road public right-of-way
consisting of site walls, stairs on -grade and handrails that encroach in excess of 1 foot into
the 50 -foot -wide Evening Canyon Road public right-of-way and taller than 3 -feet in height,
contingent upon all conditions of the Encroachment Permit process being met (Attachment
No. PC1); and
3. Adopt Resolution No. PC2022-004 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2021-0580 (Attachment No. PC 2).
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ITEM NO. 3 BARKER ENCROACHMENT (PA2022-031)
Site Location: 401 Catalina Drive
Summary:
A request to waive City Council Policy L-6 to retain maximum 5 -foot -high existing non-compliant
improvements within the Catalina Drive public right-of-way including retaining walls, stairs on grade,
handrails, planters and loose rock that encroach up to 6 -feet into the 50 -foot -wide public right-of-way
at the Property ("Project'). The Catalina Drive parkway within the public right-of-way is approximately
seven (7) feet from face of curb to the property line. City Council Policy L-6 ("Policy") prohibits the
proposed structures are limited to a one (1) -foot projection into the right-of-way.
Recommended Action:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of
Small Structures), because it has no significant effect on the environment;
Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain existing
non-compliant private improvements withing the Catalina Drive public right-of-way
consisting of retaining walls, stairs on -grade, handrails, and planters that encroach in excess
of 1 -foot into the 50 -foot wide Catalina Drive public right-of-way, or taller than 36 -inches in
height, and also loose rock on the parkway walkway surface, contingent upon all conditions
of the Encroachment Permit process being met (Attachment No. PC 1); and
3. Adopt Resolution No. PC2022-005 waiving City Council Policy L-6 and approving
Encroachment Permit No. N2022-0055 (Attachment No. PC 2).
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. 4 RESIDENTIAL CARE FACILITIES ORDINANCE UPDATE (PA2021-292)
Site Location: Citywide
Summary:
Amendments to various Sections of Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to standardize
application requirements for residential care facilities that are subject to city permitting as well as
establishing standard conditions of approval and updating definitions.
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the environment
and pursuant to Section 15265(a)(1), which exempts local governments from the
requirements of CEQA in connection with the adoption of a Local Coastal Program;
3. Adopt Resolution No. PC2022-06 (Attachment No. PC 1) recommending the City Council
approve Zoning Code Amendment No. CA2021-006 updating standards related to
residential care facilities; and
4. Adopt Resolution No. PC2022-07(Attachment No. PC 2) recommending the City Council
authorize staff to submit Local Coastal Program Amendment No. LC2021-005 to the
California Coastal Commission.
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VIII. NEW BUSINESS
ITEM NO. 5 ANNUAL GENERAL PLAN PROGRESS REPORT (PA2007-195)
Site Location: Citywide
Summary:
Annual progress report on the status and implementation of the General Plan and Housing Element
as required by State law and General Plan Implementation Program 1.3.
Recommended Action:
1. Find the preparation, review and submission of the 2021 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA) as the actions are not a project
as defined by Section 15378(b)(2) of the Public Resources Code;
2. Review and comment on the 2021 General Plan Progress Report, including the Housing
Element Annual Progress Report; and
3. Recommend the City Council review and authorize the submittal of the 2021 General Plan
Progress Report to the California Office of Planning and Research and the submittal of the
Housing Element Annual Progress Report to the State Department of Housing and
Community Development.
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
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