HomeMy WebLinkAbout0.0_AGENDACITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 3, 2023
REGULAR MEETING - 6:00 P.M.
CURTIS ELLMORE
Chair
MARK ROSENE
Vice Chair
TRISTAN HARRIS
Secretary
BRADY BARTO
JON LANGFORD
LEE LOWREY
DAVID 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 table in front are City staff
members who are here to advise the Commission during the meeting. They are:
SEIMONE JURJIS, Assistant City Manager/Community Development Director
JIM 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, AUGUST 3, 2023
REGULAR MEETING – 6:00 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 JULY 6, 2023
Recommended Action: Approve and file
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. 2 STAG BAR OCCUPANT LOAD INCREASE AND OPERATIONAL CHANGES
(PA2022-0249)
Site Location: 121 Mc Fadden Place
Summary:
A conditional use permit and coastal development permit to increase the allowed occupant load of the
existing Stag Bar from 260 persons to a maximum of 290 persons, which requires a waiver of 8 required
parking spaces as there is no on-site parking. Additionally, the applicant requests to allow live
entertainment and dancing from 11 a.m. to 2 a.m., daily. The current hours of operation from 6 a.m. to 2
a.m., daily, are not proposed to be modified. The establishment currently operates with Conditional Use
Permit No. UP2018-013, which would be superseded if this application is approved.
Recommended Actions:
1.Conduct a public hearing;
2.If the Planning Commission wishes to approve the project, then first 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 adopt Resolution No. PC2023-028 approving a conditional use
permit and coastal development permit; or
3.If the Planning Commission wishes to deny the project, then first find the denial of the project
statutorily exempt from CEQA pursuant to Section 15270 and adopt Resolution No. PC2023-
028 disapproving a conditional use permit and coastal development permit.
Planning Commission Regular Meeting Agenda
August 3, 2023
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ITEM NO. 3 THE HOUSE ANNUAL REVIEW (PA2011-005)
Site Location: 2601 West Coast Highway
Summary:
The review of The House restaurant for compliance with Conditional Use Permit No. UP2011-001,
originally approved by the Planning Commission on June 9, 2011. UP2011-001 authorized a restaurant
with late hours, live entertainment, alcohol sales, outdoor dining, a parking management plan, and
adjustment to off-street parking requirements.
Recommended Actions:
1.Conduct a public hearing;
2.Find this review exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15321 under Class 21
(Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment;
3.Review the current operation, The House, for its compliance with UP2011-001;
4.Find the operator’s use of a floating outdoor dining vessel to be in violation of UP2011-001;
5.Direct the operator immediately cease and desist use of the floating outdoor patio vessel, and
remove it within 30 days or file the necessary application to amend the use permit within 30
days requesting retention of the vessel; and
6.Direct staff to remove Condition No. 2 from Planning Commission Resolution No. 1844 related
to annual reviews of the Use Permit No 2011-001 and perform reviews on an as-needed basis.
ITEM NO. 4 HOUSING ELEMENT IMPLEMENTATION - NOISE-RELATED AMENDMENTS
(PA2022-0201)
Site Location: Various sites in the Newport Beach Airport Area
Summary:
Amendments to the Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code (NBMC), the Newport Place Planned Community
Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan
(PC-60) for the following:
•Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours
identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact
Report No. 617 (EIR No. 617);
•Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23,
Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR
No. 617 and to implement additional noise attenuation measures for future housing units proximate
to John Wayne Airport; and
•Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach General
Plan Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the
updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL
noise contour could support future housing; whereas parcels located wholly within the updated 65
dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing
Needs Assessment (RHNA) mandate.
Planning Commission Regular Meeting Agenda
August 3, 2023
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Recommended Actions:
1.Conduct a public hearing;
2.Find the proposed amendments are exempt and not subject to further environmental review
under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
15183 because the amendments would not allow development of greater intensity than is allowed
under the 2006 General Plan, including the Newport Airport Village Planned Community, as
amended. The updated contours, and impacts associated therewith, were also fully analyzed in
the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report
(EIR No. 617); and
3.Adopt Resolution No. PC2023-015 recommending approval of the Housing Element
Implementation, Noise-Related Amendments to the City Council (PA2022-0201).
VIII.DISCUSSION ITEMS
ITEM NO. 5 MUNICIPAL CODE REVIEW TO REDUCE OR SUNSET PROVISIONS (PA2022-0219)
Site Location: Not Applicable
Summary:
A review of potential planning-related Municipal Code and City Council Policy amendments for inclusion
in a recommendation to the City Council.
Recommended Actions:
1.Find the recommended action not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
2.Recommend the City Council review the potential amendments to the Municipal Code identified
in Attachment PC-1 to the staff report.
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