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CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JULY 6, 2023 REGULAR MEETING - 6:00 P.M. CURTIS ELLMORE Chair MARK ROSENE Vice Chair
2BBRADY BARTO
3BTRISTAN HARRIS 4BJON LANGFORD 5BLEE LOWREY
6BDAVID SALENE 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 tables in front are City staff members who are here to advise the Commission during the meeting. They are:
0BSEIMONE JURJIS, Community Development Director
1BJIM CAMPBELL, Deputy Community Development Director
YOLANDA SUMMERHILL, Assistant City Attorney BRAD SOMMERS, City Traffic Engineer CLARIVEL RODRIGUEZ, Administrative Assistant 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 and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. 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. Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. Please Note: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send them by electronic mail directly to Commissioners at planningcommissioners@newportbeachca.gov. Each Commissioner and staff will receive your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission. 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 Clarivel Rodriguez, Administrative Assistant, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3232 or crodriguez@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.
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NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JULY 6, 2023 REGULAR MEETING – 6:00 P.M.
I. 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 22, 2023 Recommended Action: Approve and file. VIII. 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 July 6, 2023
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ITEM NO. 3 BANDERA RESTAURANT (PA2021-0063) Site Location: 3201 East Coast Highway
Summary: A conditional use permit and coastal development permit to change the operating hours of an existing 6,047 square foot restaurant and modify the approved seating layout with no changes to the existing net public area. Operating hours are proposed to be changed from 4:00 p.m. to 12:00 a.m., to 11:00 a.m. to
12:00 a.m. to accommodate lunch service. The restaurant provides for the sale and service of alcoholic beverages with an existing Type 47 (On-Sale General – Eating Place) Alcoholic Beverage Control (ABC) License. If approved, this conditional use permit would supersede Use Permit No. 3564 and Site Plan Review No. 73. 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) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2023-027 approving a Conditional Use Permit and Coastal
Development Permit pursuant to PA2023-0063.
IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION 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. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT