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NEWPORT BEACH
City Council Staff Report
July 12, 2022
Agenda Item No. 11
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 July 7, 2022
CONSENT ITEMS
ITEM NO. 1
SUMMARY
ITEM NO.2
SUMMARY
ACTION
ELECTION OF OFFICERS
Election of Chair, Vice Chair, and Secretary to serve for one year.
The Planning Commission unanimously elected:
• Commissioner Lauren Kleiman as Chair;
• Commissioner Curtis Ellmore as Vice Chair; and
• Commissioner Mark Rosene as Secretary.
MINUTES OF JUNE 9, 2022
Draft minutes from the June 9, 2022, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and approved the minutes
by the following vote:
AYES: Ellmore, Kleiman, Koetting, Lowrey, and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: Harris
Approved as recommended.
PUBLIC HEARING ITEMS
ITEM NO. 3 MCGINNIS RESIDENCE (PA2021-234)
Site Location: 4607 Seashore Drive
SUMMARY: A request for a coastal development permit to demolish an existing duplex and
construct a new 2,980-square-foot, single -unit residence with an attached 409-
square-foot two -car garage and 376-square-foot junior accessory dwelling unit
(JADU) in the VE Special Flood Hazard Area. Additionally, the applicant requests a
variance to construct exterior entryway stairs for the JADU within the side yard
setback as well as an exterior access stair for the ocean front patio within the front
setback.
ACTION
ITEM NO.4
Planning Commission Agenda Report for July 7, 2022
July 12, 2022
Page 2
The Planning Commission approved the application as recommended by the
following vote:
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
GANNON RESIDENCE (PA2021-305)
Site Location: 20 Bay Island
SUMMARY: A coastal development permit (CDP) to allow the demolition of an existing single-
family residence and the construction of a new 4,402-square-foot, single-family
residence and adjust the off-street parking requirements with a parking management
plan. In addition, the applicant requests to increase the allowed building height to 28
feet for flat roofs and 33 feet for sloped roofs pursuant to the provisions of Use Permit
No. UP3618. The project includes hardscape, drainage facilities, accessory
structures, and approximately 194 square feet of landscaping. With exception of the
requested adjustment to off-street parking requirements and height increase, the
project complies with all applicable development standards.
ACTION: The Planning Commission conducted a public hearing and approved the
application as recommended by the following vote:
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
ITEM NO. 5 DENSITY BONUS ZONING CODE AND LCP AMENDMENTS (PA2020-032)
Site Location: Citywide
SUMMARY: Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code updating
standards and establishing an approval process for considering density bonuses
with housing developments. These amendments are required to ensure the City's
regulations are in compliance with California Government Code Section 65915, et.
Seq (Density Bonuses and Other Incentives). A housing development project that
includes a minimum percentage of affordable units is eligible for additional units
above the otherwise allowed City -established maximum density and it is also
eligible for reduced parking requirements, incentives/concessions, and waivers of
development standards.
ACTION: The Planning Commission continued the item to the July 21, 2022, Planning
Commission Meeting, at the request of staff, by the following vote
AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene and Weigand
NOES: None
ABSENT: Klaustermeier
ABSTAIN: None
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Planning Commission Agenda Report for July 7, 2022
July 12, 2022
Page 3
STUDY SESSION
ITEM NO. 6 CODE UPDATE RELATED TO ACCESSORY DWELLING UNITS (PA2021-113)
Site Location: 4607 Seashore Drive
SUMMARY: An overview of the Planning Commission Ad -Hoc Committee's efforts on developing
potential code amendments related to encouraging new accessory dwelling unit
(ADU) development within the City and pending legislation related to the City's ability
to regulate ADUs.
ACTION: The Planning Commissioned received presentation and provided direction to staff.
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July 12, 2022
Agenda Item No. 11
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JULY 7, 2022
REGULAR MEETING — 6:30 P.M.
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.
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.
VI. REQUEST FOR CONTINUANCES
VII. CONSENT ITEMS
ITEM NO.2 MINUTES OF JUNE 9, 2022
Recommended Action: Approve and file.
Vill. 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.
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Planning Commission Regular Meeting Agenda
July 7, 2022
ITEM NO. 3 MCGINNIS RESIDENCE (PA2021-234)
Site Location: 4607 Seashore Drive
Summary:
A request for a coastal development permit to demolish an existing duplex and construct a new 2,980-
square-foot, single -unit residence with an attached 409-square-foot two -car garage and 376-square-foot
junior accessory dwelling unit (JADU) in the VE Special Flood Hazard Area. Additionally, the applicant
requests a variance to construct exterior entryway stairs for the JADU within the side yard setback as well
as an exterior access stair for the ocean front patio within the front setback.
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 of 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. PC2022-016 approving Variance No. VA2022-002 and Coastal
Development Permit No. CD2021-062 (Attachment No. PC 1).
ITEM NO.4 GANNON RESIDENCE (PA2021-305)
Site Location: 20 Bay Island
Summary:
A coastal development permit (CDP) to allow the demolition of an existing single-family residence and the
construction of a new 4,402-square-foot, single-family residence and adjust the off-street parking
requirements with a parking management plan. In addition, the applicant requests to increase the allowed
building height to 28 feet for flat roofs and 33 feet for sloped roofs pursuant to the provisions of Use Permit
No. UP3618. The project includes hardscape, drainage facilities, accessory structures, and approximately
194 square feet of landscaping. With exception of the requested adjustment to off-street parking
requirements and height increase, the project complies with all applicable development standards.
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 of 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. PC2022-017 approving Coastal Development Permit No. CD2021-081
(Attachment No. PC 1).
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Planning Commission Regular Meeting Agenda
July 7, 2022
ITEM NO. 5 DENSITY BONUS ZONING CODE AND LCP AMENDMENTS (PA2020-032)
Site Location: Citywide
Summary:
Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code updating standards and establishing an approval process for
considering density bonuses with housing developments. These amendments are required to ensure the
City's regulations are in compliance with California Government Code Section 65915, et. Seq (Density
Bonuses and Other Incentives). A housing development project that includes a minimum percentage of
affordable units is eligible for additional units above the otherwise allowed City -established maximum
density and it is also eligible for reduced parking requirements, incentives/concessions, and waivers of
development standards.
Recommended Action: Continue to the July 21, 2022, Planning Commission meeting.
IX. STUDY SESSION
ITEM NO. 6 CODE UPDATE RELATED TO ACCESSORY DWELLING UNITS (PA2021-113)
Site Location: Citywide
Summary:
An overview of the Planning Commission Ad -Hoc Committee's efforts on developing potential code
amendments related to encouraging new accessory dwelling unit (ADU) development within the City and
pending legislation related to the City's ability to regulate ADUs.
Recommended Action:
Receive presentation (Attachment No. PC 1) and provide staff direction regarding proposed
amendments.
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
XI. ADJOURNMENT
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