The URL can be used to link to this page

Home My WebLink About2.0_Draft Minutes of November 3, 2022 CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, NOVEMBER 3, 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 - Chair Kleiman III. ROLL CALL PRESENT: Chair Lauren Kleiman, Vice Chair Curtis Ellmore, Secretary Mark Rosene, Commissioner Tristan Harris, Commissioner Sarah Klaustermeier, Commissioner Lee Lowrey, Commissioner Erik Weigand ABSENT: None Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Assistant Planner David Lee, Principal Planner Jaime Murillo, Police Investigator Wendy Joe, Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF OCTOBER 20, 2022 Recommended Action: Approve and file Motion made by Commissioner Klaustermeier and seconded by Commissioner Weigand to approve the minutes of the October 20, 2022 meeting with Mr. Mosher’s edits. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 EL RANCHITO OUTDOOR DINING PATIO EXPANSION (PA2021-219) Site Location: 2800, 2806, 2812, and 2814 Newport Boulevard Summary: A conditional use permit, lot merger, and coastal development permit for a 950-square-foot expansion of an existing 355-square-foot outdoor dining patio that serves an existing restaurant. Since the expansion involves the construction of additional patio area over the interior property line between 2800 and 2806 Newport Boulevard, a lot merger is requested. Additionally, an off-site parking agreement is requested between the restaurant and 2812 and 2814 Newport Boulevard to provide 12 additional parking spaces. There are no changes to the interior floor plan of the restaurant. The current Type 47 (On-Sale General – Planning Commission Regular Meeting Minutes November 3, 2022 Page 2 of 4 Eating Place) ABC License would be maintained, and there would be no extension of operating hours. If approved, this Conditional Use Permit would supersede Use Permit No. UP1757. Recommended Action: 1. Conduct a public hearing; and 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 the exceptions to the Class 3 do not apply; and 3. Adopt Resolution PC2022-028 approving the Conditional Use Permit, Lot Merger, and Coastal Development Permit, referred to as PA2021-219 (Attachment No. PC 1) Associate Planner Lee used a presentation to review the three project requests, vicinity map, proposed project site plan, operational characteristics, findings, additional condition of approval, and recommended action. In response to Secretary Rosene’s question, Assistant Planner Lee confirmed that the improvements are for an existing temporary patio and the same footprint area. In response to Commissioner Klaustermeier’s question, Police Investigator Joe indicated that recommendation number four on the police report is a common practice and included in the Conditional of Approval 46. Further, Assistant Planner Lee confirmed that all the recommendations from the police department are included in the conditions of approval. In response to Chair Kleiman’s inquiry, Police Investigator Joe clarified that the security plan recommendation will be attached to the operator license and noted very few calls for service at this property and nothing that indicated poor business practices. Assistant Planner Lee relayed no Code Enforcement issues for this property over the last two years. Commissioners disclosed no ex parte communications. Sergio Avila, applicant, agreed to the recommended conditions of approval. Chair Kleiman opened the public hearing. Jim Mosher noted a missing CEQA exemption for the lot merger, parking ratio requirement, and suggestion to access how the current parking space allotment is working. Chair Kleiman closed the public hearing. Assistant City Attorney Summerhill indicated that Class 1 and Class 3 exemptions support the project as proposed. Commissioner Harris supported the project. Motion made by Vice Chair Ellmore and seconded by Commissioner Weigand to approve the item with additional conditions of approval and clean up duplicate conditions of approval. AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: None Planning Commission Regular Meeting Minutes November 3, 2022 Page 3 of 4 ITEM NO. 3 MORFONTAINE HOLDINGS, LLC RESIDENCE (PA2022-123) Site Location: 18 HARBOR ISLAND Summary: The applicant requests a coastal development permit to allow the construction of a detached patio cover measuring approximately 17 feet 6 inches in height and approximately 450 square feet in area. The applicant requests approval of a variance to allow the structure to encroach approximately 24 feet and 3 inches into the waterside front setback area on the north side of the property facing Newport Harbor. 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 the exceptions to the Class 3 Exemption do not apply; and 3. Adopt Resolution No. PC2022-029 approving the described Coastal Development Permit and Variance (Attachment No. PC 1). Vice Chair Ellmore recused himself due to the property location relative to his home residence. Principal Planner Murillo used a presentation to review the request, vicinity map, key findings, property rendering, tidelands and buildable area, modifications and variances on Harbor Island, and recommended action. In response to Secretary Rosene’s question, Principal Planner Murillo noted a property along the canal side with similar improvements and other properties are limited to shorter accessory structures. Commissioners disclosed no ex parte communications except Commissioner Weigand who spoke with applicant’s consultant. Chair Kleiman opened the public hearing. Jake Winkle, representing the applicant, accepted the conditions of approval. Michael Southerland, lives across the channel from the property, noted that setbacks are for a reason, the proposed structure is big, and an impacted view. Jim Mosher thought that on handwritten page 13 the sentence should read, “approving a Coastal Development Permit and variance to allow the construction” and agreed that the proposed structure could impact views from the water and Linda Isle. Chair Kleiman closed the public hearing. In response to Secretary Rosene’s questions, Deputy Community Development Director Campbell noted that a condition of approval could be added to indicate that the proposed structure is detached, but the standard condition for compliance with the plan is sufficient. In response to Commissioner Harris’ questions, Principal Planner Murillo relayed that the City and County property leases require the property owner to renegotiate the terms at the end of the lease term, confirmed that if it is the property line then they are not in the setback, and explained the setback measurement and high tideline rules. Motion made by Commissioner Weigand and seconded by Commissioner Klaustermeier to approve the item with the addition of the word “variance” on handwritten page 13. Planning Commission Regular Meeting Minutes November 3, 2022 Page 4 of 4 AYES: Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None RECUSED: Ellmore ABSENT: None VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None ITEM NO. 5 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 announced that the Circulation Element and Lido House Hotel project were adopted and approved by the City Council and The Newport Beach Tennis Club application was not approved and may return with pickleball courts added. He announced that the Building and Fire Code update will go to the City Council for adoption in November, for a January 1, 2023 effective date, the Planning Commission meeting on November 17 is cancelled, and the December 8 Planning Commission meeting will include five public hearing items. Furthermore, he noted two fractional homeownership ad hoc committee meetings, that the item remains under consideration, and a request by the City Council to provide a recommendation by January 5, 2023. Deputy Community Development Director Campbell indicated that staff would bring the item to the Planning Commission on or before January 5, 2023 and is on track. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT – The meeting was adjourned at 7:06 p.m. The agenda for the November 3, 2022, Planning Commission meeting was posted on Friday, October 28, 2022, at 12:30 p.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, October 28, 2022, at 3:00 p.m. _______________________________ Chair _______________________________ Mark Rosene, Secretary January 5, 2023, Planning Commission Item 2 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. 2. MINUTES OF NOVEMBER 3, 2022 As to this item, the passages in italics are from the draft minutes, with corrections suggested in strikeout underline format. Page 1 (Staff Present) and Page 2 (Item 2 minutes): David Lee is referred to in one place (the opening paragraph of the Item 2 minutes on page 2) as Associate Planner Lee, but in numerous other places (including on page 1) as Assistant Planner Lee. Based on the Item 2 staff report from November 3, the references to “Assistant” should read “Associate.” Page 2, paragraph 3 of minutes: “In response to Commissioner Klaustermeier’s question, Police Investigator Joe indicated that recommendation number four on the police report is a common practice and included in the Conditional Condition of Approval 46.” Page 2, paragraph 9 of minutes: “Jim Mosher noted a missing CEQA exemption for the lot merger, parking ratio requirement, and suggestion to access assess how the current parking space allotment is working.” Page 3, paragraph 3 of minutes: “Commissioners disclosed no ex parte communications except Commissioner Weigand who spoke with the applicant’s consultant.” Page 3, paragraph 7 of minutes: “Jim Mosher thought that on handwritten page 13 the sentence title should read, “approving a Coastal Development Permit and variance to allow the construction” and agreed that the proposed structure could impact views from the water and Linda Isle.” Page 4, Item 5, last sentence: “Furthermore, he noted two fractional homeownership ad hoc committee meetings, that the item remains under consideration, and a request by the City Council to provide a recommendation by January 5, 2023. Deputy Community Development Director Campbell indicated that staff would bring the item to the Planning Commission on or before January 5, 2023 and is on track.” Comment: According to the present meeting’s Item 7 staff report, there was some error in the prediction that this matter was “on track” for resolution by January 5. But while I find the delay unfortunate, I do not believe the Council ever formally gave the stated direction to the Commission. Rather, as an “A1 Item” on October 25, the Council unanimously directed staff to bring back an agenda item under which they could discuss directing the Commission to complete its fractional homeownership recommendation by January 5. I do not believe that formal discussion and vote ever took place. Certainly, it had not taken place by November 3. Planning Commission - January 5, 2023 Item No. 2a - Additional Materials Received Draft Minutes of November 3, 2022