HomeMy WebLinkAbout1.0_Draft Minutes of April 21, 2022
NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, April 21, 2022 REGULAR MEETING – 6:30 P.M. I. CALL TO ORDER – The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE – Secretary Ellmore III. ROLL CALL PRESENT: Chair Lee Lowrey, Vice Chair Lauren Kleiman, Secretary Curtis Ellmore, Commissioner Peter Koetting, Commissioner Sarah Klaustermeier, Commissioner Mark Rosene, Commissioner Erik Weigand ABSENT: None Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, Police Civilian Investigator Wendy Joe, Principal Planner Jaime Murillo, Principal Planner, Matt Schneider, Associate Planner Liz Westmoreland, Administrative Assistant Clarivel Rodriguez, and Department Assistant Amanda Lee IV. PUBLIC COMMENTS Jim Mosher shared the current rules and recent Finance Committee meeting discussion related to appeal fee refunds that will be brought to the Planning Commission for review. In response to Mr. Mosher’s comment, Deputy Community Development Director Campbell indicated that staff would work with the Finance Committee and bring back any issues to review at a future Planning Commission meeting. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 17, 2022 Recommended Action: Approve and file Motion made by Commissioner Weigand and seconded by Vice Chair Kleiman to approve the minutes of the March 17, 2022, meeting with Mr. Mosher's suggested edits. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None Vll. PUBLIC HEARING ITEMS ITEM NO. 2 TENNIS CLUBHOUSE GRILL APPEAL (PA2021-210) Site Location: 1602 East Coast Highway, 5 and 11 Clubhouse Drive Summary: An appeal of the Zoning Administrator’s decision on December 16, 2021, to approve a minor use permit for an alcohol license within the existing lounge area of the Tennis Clubhouse. The applicant requests a Type 41 (On-Sale Beer & Wine–Eating Place) Alcoholic Beverage Control (ABC) License. The business will offer packaged food, light meals, and snacks as an accessory concession to the recreational tennis club. The concession space would primarily serve members and guests of the Tennis Club. No construction, late hours (after 11:00 p.m.), live entertainment, or dancing are proposed.
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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 15301 under Class 1 (Existing Facilities) of the CEQA 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
3. Adopt Resolution No. PC2022-006 affirming, in part the decision of the Zoning Administrator and approving with modifications Minor Use Permit No. UP2021-033 with the attached Findings and Conditions (Attachment No. PC 1).
Associate Planner Westmoreland reported the applicant is requesting a minor use permit for alcohol service at the
existing Tennis Clubhouse. The application was approved by the Zoning Administrator and that action was appealed to
the Planning Commission. The Planning Commission is tasked with conducting a de novo public hearing. She utilized
a presentation to share a vicinity map, the project description and appeal details, license types, and recommended
actions.
In response to Vice Chair Kleiman’s questions, Assistant City Attorney Summerhill clarified the appeal process and the
discretion of the Planning Commission to consider the application.
In response to Secretary Ellmore’s query, Associate Planner Westmoreland stated she was not aware of any affiliation
between the subject operator and the operator of the adjacent Newport Beach Country Club property.
In response to Commissioner Weigand’s inquiry, Associate Planner Westmoreland confirmed that the prior Type 57
license request has been withdrawn and the applicant is applying for a Type 41 Alcoholic Beverage Control (ABC)
License.
In response to Commissioner Koetting’s question, Associate Planner Westmoreland reported three or four property
owners by tenants in common.
In response to Chair Lowrey’s question, Assistant City Attorney Summerhill confirmed that appropriate authority is
present and precedent to allow the managing member to submit this application and the City will adhere to rulings by
authorities related to this matter.
Commissioner Rosene reported no ex parte communications. Vice Chair Kleiman disclosed emails and phone calls
from the applicant and public. Commissioners Klaustermeier and Koetting, Secretary Ellmore, Chair Lowrey, and
Commissioner Weigand reported no ex parte communications.
Chair Lowrey opened the public hearing.
Patrick Rolfes, applicant, referenced the dispute between the property owners is a civil matter, claimed to be law-
abiding, and expressed a desire to move to a quick resolution.
Jacob Gonzales, appellant, recounted the submittals, arbitration, lawsuits, and basis for challenging the minor use
permit and requested the City wait until the issues are sorted out in active litigation. He detailed a taco event at the
Clubhouse Grill with unlawful alcohol sales, shared pictures, and expressed the owner’s desire for a qualified operator.
In response to Secretary Ellmore’s questions, Mr. Gonzales reported no police reports filed by his clients and a filed
protest with ABC and Deputy Community Development Director Campbell and Police Civilian Investigator Wendy Joe
disclosed no known police reports.
In response to Commissioner Koetting’s question, Mr. Gonzales described the lease agreement with the operator,
arbitrations, and points of contention related to generated money and confirmed his client’s support of a snack bar with
beer and wine sales.
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Patty Weber disclosed that the alcohol at the taco event was purchased and served by her, the purpose of wristbands
for food purchases at the Clubhouse Grill and supported the Clubhouse Grill serving beer and wine.
John Rose suggested that the main issue between the property investors should not involve arbitration by the City.
Charlotte Seydah supported the application for the Clubhouse Grill.
Judy Jones supported the application for the Clubhouse Grill.
Michelle Jordan supported the application for Clubhouse Grill.
Charles Klobe questioned potential gains by the appellant's ownership team from an elected Mayor.
Sean Abdali, operator of the Tennis Club, shared his personal efforts and contributions to keeping the Tennis Club
open, credited Mr. Rolfes for being a mentor, and recognized member support.
Barbara Siegel summarized her experience at the Tennis Club and supported the application for the Clubhouse Grill.
Dr. Cynthia Boccara supported the application for the Clubhouse Grill and highlighted related health benefits of
pickleball.
Bernard Prat expressed the importance of the Tennis Club to the community.
Phebe Lewis expressed traffic concerns and asked for a Condition of Approval to require a stop sign at the property
exit along Granville Drive.
Sheila Cole confirmed that she witnessed most guests at the taco event to be over the age of 21, no mentions by the
café about alcohol, and wrist bands were for the food and noted the family environment at the club.
Dirk Larson supported Mr. Rolfes and the Pickle Ball Club.
An unidentified speaker supported the application for Clubhouse Grill, shared excitement for the restaurant, recounted
events on the property, noted the elements of entertainment and community paired with the sport.
Steve Raack attested to Mr. Rolfes’ ability to operate the Clubhouse Grill.
Mr. Gonzales asked for the City to take a pause in approving this application.
Mr. Rolfes noted a 25-year battle between the property owners, the control of alcohol beverage distribution, being a
law-abiding operator with a responsibility to use systems and controls to protect the community, having not served
alcohol during the taco event, and support for the application.
In response to Commissioner Weigand’s inquiries, Mr. Rolfes confirmed that the taco event flyer was produced by the
Tennis Club before the alcohol permit was denied.
In response to Commissioner Rosene’s question, Mr. Rolfes confirmed having a long history of receiving temporary
liquor licenses to serve alcohol during special events.
In response to Vice Chair Kleiman’s question, Mr. Rolfes disclosed the Clubhouse Grill closing time around 8/8:30 p.m.
or until members leave and the Tennis Club at 10 p.m. and described special events on weekends and Saturdays
ending no later than 8 p.m.
Mr. Rolfes agreed to all the Terms and Conditions of Approval and supported adding a stop sign at the driveway.
Chair Lowrey closed the public hearing.
Deputy Community Development Director Campbell returned to the issues presented as a private land use dispute and,
while staff recommends application approval, staff does not support the installation of a stop sign as a condition of
approval.
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In response to Commissioner Weigand’s questions, Deputy Community Development Director Campbell stated that
barring an appeal, alcohol sales can be effective after a two-week appeal period and having also obtained an ABC
license or permit.
In response to Vice Chair Kleiman’s questions, Deputy Community Development Director Campbell reported not
knowing the hours of operation at the adjacent Newport Beach Country Club. Associate Planner Westmoreland stated
that the Conditions of Approval were those recommended by the police department, and that the police department
representative was present at the hearing. Ms. Westmoreland confirmed that the Clubhouse Grill is subject to ABC
requirements including providing food service sales when alcohol sales are in place. Vice Chair Kleiman defined the
scope and purview of the Planning Commission, clarified the findings for the managing member to submit the
application, and recommended limiting hours of operation to a 10 p.m. closing time.
In response to Commissioner Rosene’s question, Deputy Community Development Director Campbell clarified the
vehicular access to the property, the Planning Commission’s purview related to installing a stop sign and desire to
discuss it with the City traffic engineer and suggested encouraging the applicant to counsel members of the club to be
respectful when exiting the property.
Secretary Ellmore noted that with no police reports on record and the support of Assistant City Attorney Summerhill for
the managing members signature validity, he would support the application and an 11 p.m. closing time.
In response to Commissioner Weigand’s query, Associate Planner Westmoreland stated that no Condition of Approval
is currently included for food sales and ABC will include a food sale requirement during alcohol sales.
Vice Chair Kleiman expressed interest in a Condition of Approval tied to food and alcohol sales and acknowledged past
precedence with Conditional Use Permits and Minor Use Permits.
Chair Lowrey expressed interest in a stop sign installation at the property exit and his support for the application.
Motion made by Commissioner Koetting and seconded by Commissioner Weigand to approve the staff
recommendation.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None
ABSTAIN: None
ABSENT: None
ITEM NO. 3 PARK NEWPORT ROCK FALL MITIGATION (PA2021-099) Site Location: 5000 Park Newport Drive Summary: Request for a coastal development permit to allow for the installation of rock fall mitigation consisting of anchored mesh, K-rail barriers, and temporary tarps in select locations to prevent rock fall and land slide debris from impacting Back Bay Drive below the Park Newport community. The project also includes the installation of soldier piles supporting two existing residential structures (Building 4 & Unit 4830) within Park Newport to mitigate against landslide risk. Recommended Action: 1. Conduct a public hearing; 2. Find this project categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to pursuant to Section15269 (c) (the activity is necessary to prevent or mitigate an emergency) and section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 3. Waive City Council Policy L-6, Encroachments in Public Rights-of-Way, to retain existing non-compliant private improvements within the Back Bay Drive public right-of-way consisting of
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three sections of temporary k-rail that encroach in excess of 1-foot into the 40-foot wide Back Bay Drive public right-of-way or taller than 36-inches in height; and 4. Adopt Resolution No. PC2022-007 approving Coastal Development Permit No. CD2021-
001(Attachment No. PC 1). Principal Planner Matt Schneider utilized a presentation to explain the Coastal Development Permit request in response to a landslide that occurred in June 2020 on the slope to the rear of the Park Newport Apartments at 5000 Park Newport Drive. As a result, two emergency Coastal Development Permits were issued in January and October 2021 authorizing the installation of protective devices to protect the existing residential structures. The presentation
included a vicinity map, project description, photos of the installed anchored mesh and k-rail, temporary tarps, and soldier piles, discussion of the requested encroachment waiver, Local Coastal Program allowance, and a recommended action.
In response to Commissioner Koetting’s questions, Principal Planner Schneider outlined in the presentation the area owned by Park Newport and noted the remedy meeting the incremental mitigation the California Coastal
Commission (CCC) will allow. In response to Commissioner Weigand’s question, Principal Planner Schneider reported that while approaching CCC for greater more permanent mitigation on projects is possible, CCC has opposed armoring and heavy
engineering solutions, thus no action has been taken to request more mitigation on this project. Commissioner Weigand noted tarp color schemes to match the landscape, a more aggressive approach with CCC, and possible
consideration by CCC based on the significant scenic qualities and extensive public usage of the area.
Except for Commissioners Weigand and Rosene communications with the applicant by email, no other ex parte communications were disclosed by the commissioners.
Chair Lowrey opened the public hearing.
Shawna Schaffner, CEO of CAA Planning, Inc., utilized a presentation to review the Park Newport Blufftop location, site
history, prior improvements, June 2020 landslide, photos of the landslide, and Coastal Development Permit (CDP)
requests. She highlighted the emergency CDPs for steel mesh, annual tarping, and three K-rail placement sections and
encroachment waiver and the new CDP component for drilled piers/soldier piles and maps, IP Section 21.30.030(c)(3)
protective structures, alternatives analysis, conclusion, and requested action.
In response to Vice Chair Kleiman’s question, Ms. Schaffner noted careful considerations to recommend the best
measures to protect the property, evaluations performed by the geotechnical engineer, and the right to protect the
primary structures that predate the Coastal Act.
In response to Commissioner Koetting’s query, Ms. Schaffner relayed different methods of protection for different
projects.
Commissioner Rosene encouraged further research of tarp alternatives.
Jim Mosher suggested revegetating bare slopes and gradually moving back the k-rails and questioned the location of
the CCC’s jurisdiction area and encroachment.
Chair Lowrey closed the public hearing.
Ms. Schaffner disclosed that the applicant is in full agreement with the Terms and Conditions of Approval, noted having
consulted with the Public Work Department and a detailed plan review to determine the most feasible location for the
k-rails, revegetation challenges in areas most suitable and related challenges, and necessary tarp usage to prevent
erosion as per the project geologist
Deputy Community Development Director Campbell agreed with the statements made by Ms. Schaffner and addressed
revegetation challenges on the slope, tarp use for erosion prevention, and colored tarps that blend with the area and
recommended approval.
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Commissioner Koetting suggested building a bigger k-rail to protect the driveway.
Deputy Community Development Director Campbell recognized the consideration of other alternative solutions,
maintenance, and future CDPs.
Motion made by Secretary Ellmore and seconded by Chair Lowrey to approve the staff recommendation. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None
Deputy Community Development Director Campbell announced Principal Planner Schneider’s departure from the City
of Newport Beach to fill the role of Planning Manager for the City of Huntington Beach and extended thanks for his
service.
VII. STUDY SESSION ITEM NO. 4 SENATE BILL 9 OVERVIEW AND IMPLEMENTATION (PA2021-277) Site Location: Citywide Summary: A presentation and discussion regarding proposed amendments to Titles 19 (Subdivisions) and 20 (Planning and Zoning) implementing Senate Bill No. 9 (SB 9). Effective on January 1, 2022, SB 9 enacted changes to state law that generally allow ministerial subdivisions and the construction of up to two units for lots that are designated for single-family use. Recommended Action: Review and provide input and direction to staff. Commissioner Rosene recused himself due to a potential income source based on his employment and left the meeting at 8:34 p.m. Principal Planner Murillo and Senior Planner Zdeba utilized a presentation to prepare the Planning Commission for a future formal review of the draft regulations prepared by staff to implement SB 9 including an overview of SB 9 and exclusions, relationship between SB 9 and Coastal Zone, SB 9 mandatory standards urban lot split rules and limitations, and SB 9 examples. Furthermore, the presentation reviewed proposals for SB 9 housing development standards (Title 20) and urban lot split development standards (Titles 19 and 20), additional requirements, SB 9 implications in Newport Beach, and the next steps. In response to Vice Chair Kleiman’s query, Senior Planner Zdeba clarified that affordable housing would be subject to a rental requirement that would apply to the non-owner-occupied unit. Principal Planner Murillo further clarified that the owner must occupy the property at the time of application to be eligible for SB 9 project approval, the secondary unit must be preserved as an affordable unit for 30 years, and single-family properties are not eligible for Short-term Lodging (STL) and properties with grandfathered STL permits would have to give up their permit to qualify for SB 9. In response to Commissioner Weigand’s questions, Principal Planner Murillo stated that no protection for residential care facilities is included in the proposed regulations and Assistant City Attorney Summerhill added that residential care facilities would have to go through a process to obtain approval. Senior Planner Zdeba utilized the presentation to review the California Department of Housing and Community Development (HCD) complaints for cities with ordinances the appear overly restrictive and enforcement plans and confirmed related proactive measures taken by Newport Beach. Principal Planner Murillo added that SB9 does not address Homeowner Associations (HOA), and that Covenants, Conditions, and Restrictions (CC&R) are not overridden. Assistant City Attorney Summerhill noted that a common interest development application is required to establish an HOA and does not think it is feasible to establish a citywide HOA.
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In reply to Commissioner Weigand’s question, Principal Planner Murillo related work being done with the Orange County Transit Authority (OCTA) to identify high quality traffic intersections and further clarified related criteria for bus stop frequency.
In response to Vice Chair Kleiman’s questions, Assistant City Attorney Summerhill differentiated between the development of residential units and residential care facilities and clarified the code amendments under consideration. Chair Lowrey opened the public hearing.
Jim Mosher questioned his personal exposure to a private lawsuit for noncompliance with CC&R, if State law prevails in the Coastal Zone, and the purpose of a public hearing and structures of appeals during a ministerial approval of lot splits. Chair Lowrey closed the public hearing.
Assistant City Attorney noted that the City will not evaluate private CC&Rs to determine compliance. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None 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. Deputy Community Development Director Campbell reported on the status of the adopted Housing Element, the receipt and evaluation of comments received from HCD, plans for updating and resubmitting, and the upcoming City Council Study Session meeting for April 26, 2022. He further provided an update on the 2510 West Coast Highway mixed use project, Clearwater at Newport Beach restaurant demolition and construction, City Council approval of the 1300 Bristol Street project, and next meeting on May 12, 2022. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – The meeting adjourned at 9:09 p.m. to May 12, 2022. The agenda for the April 21, 2022, Planning Commission meeting was posted on Friday, April 15,
2022, at 11:10 a.m. in the Chambers binder, on the digital display board located inside the
vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Friday,
April 15, 2022, at 11:20 a.m.
_______________________________
Lee Lowrey, Chairman
_______________________________
Curtis Ellmore, Secretary
May 12, 2022, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF APRIL 21, 2022
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 1, paragraph 1, Item III, Staff Present: There is an unintended comma between
“Principal Planner” and “Matt Schneider.”
Page 2, paragraph 3 from end: “Jacob Gonzales, appellant for the appellants, recounted the
submittals, …” [or “representing the appellants“ : Mr. Gonzales was a representative. The
appellants shown in the staff report Attachment PC 2 were two LLC’s.]
Page 2, paragraph 2 from end: “In response to Secretary Ellmore’s questions, Mr. Gonzales
reported no police reports filed by his clients and but a filed protest with ABC. and Deputy
Community Development Director Campbell and Police Civilian Investigator Wendy Joe
disclosed no known police reports.”
Page 3, paragraph 7 from end: “Mr. Rolfes noted a 25-year battle between the property owners,
the control of alcohol alcoholic beverage distribution, being a law-abiding operator with a
responsibility to use systems and controls to protect the community, having not served alcohol
during the taco event, and support for the application.”
Page 4, paragraph 4: “Secretary Ellmore noted that with no police reports on record and the
support of Assistant City Attorney Summerhill for the managing members member’s signature
validity, he would support the application and an 11 p.m. closing time”
Page 4, paragraph 6: “Vice Chair Kleiman expressed interest in a Condition of Approval tied to
food and alcohol sales and acknowledged past precedence precedents with Conditional Use
Permits and Minor Use Permits.”
Page 5, full paragraph 4: “Except for Commissioners Weigand and Rosene Rosene’s
communications with the applicant by email, no other ex parte communications were disclosed
by the commissioners”
Page 5, full paragraph 6, sentence 1: “Shawna Schaffner, CEO of CAA Planning, Inc., utilized a
presentation to review the Park Newport Blufftop blufftop location, site history, prior
improvements, June 2020 landslide, photos of the landslide, and Coastal Development Permit
(CDP) requests.”
[note: pages 5 and 6 alternate between “k-rail” and “K-rail”. It would seem best to settle on one.]
Page 6, Item 4, full paragraph 1: “Principal Planner Murillo and Senior Planner Zdeba utilized a
presentation to prepare the Planning Commission for a future formal review of the draft
regulations prepared by staff to implement SB 9 including an overview of SB 9 and exclusions,
relationship between SB 9 and Coastal Zone, SB 9 mandatory standards, urban lot split rules
and limitations, and SB 9 examples.” [missing comma]
Planning Commission - May 12, 2022 Item No. 1a - Additional Materials Received Draft Minutes of April 21, 2022