HomeMy WebLinkAbout07-06-2023 - Planning CommissionPage 1 of 3
NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JULY 6, 2023 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER – 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Harris III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Commissioner Brady Barto, Commissioner Tristan Harris, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene
ABSENT: None
Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Planning Consultant Kelly Ribuffo, and Administrative Assistant Clarivel Rodriguez 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 a one-year service 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. Commissioner Lowrey nominated Curtis Ellmore to the position of Chair, Mark Rosene to the position of Vice Chair, and Tristan Harris to the position of Secretary. There were no objections or alternative nomination motions. The motion was agreed to by the following vote: AYES: Barto, Ellmore, Harris, Lowrey, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None V. PUBLIC COMMENTS None VI. REQUEST FOR CONTINUANCES None
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
Planning Commission Regular Meeting Minutes July 6, 2023
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VII. CONSENT ITEMS ITEM NO. 2 MINUTES OF JUNE 22, 2023 Recommended Action: Approve and file. Motion made by Secretary Harris and seconded by Vice Chair Rosene to approve the minutes of the June 22, 2023, meeting with Mr. Mosher’s edits. AYES: Barto, Ellmore, Harris, Lowrey, Langford, and Rosene NOES: ABSTAIN: Salene ABSENT: VIII. PUBLIC HEARING ITEMS ITEM NO. 3 BANDERA RESTAURANT (PA2023-0063) 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. Planner Ribuffo utilized a presentation to review the request for a conditional use permit and coastal development permit to amend the operating hours and restaurant seating arrangements, vicinity map, project location and descriptions, existing and proposed floor plans, operational characteristics, existing parking, findings, and recommended action. Commissioners reported no ex parte communications. Daren Laureano, representing Southern California Land Use and the applicant, shared the restaurant background, request details, support from the police department, site inspection results, and community clarifications. He expressed appreciation for the Commission’s support and agreed to the conditions of approval. Jim Mosher noted that separate numbers were not associated with each permit type, the Planning Commission has not reviewed a copy of the 1995 approval by the California Coastal Commission (CCC), permit modifications are usually done by the CCC, and confusing operating hours and recommended using the word “midnight” for greater clarity of the twelve o’clock hour.
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
Planning Commission Regular Meeting Minutes July 6, 2023
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Daren Laureano noted that the CCC stated that no hours were included in the original approval, and they deferred to the hours of Newport Beach and the conditional use permit.
Deputy Community Development Director Campbell clarified that a planning activity number is used for both components, the use permit amendment and the coastal development permit, instead of individual case numbers. The coastal development permit from CCC is separate and will not be modified, the request is to issue a coastal development permit for the expanded operating hours, and CCC has no concern for the amended operating hours based on staff’s discussion with CCC staff and their agreement to allow the City to
process this application. Motion made by Commissioner Lowrey and seconded by Commissioner Barto to approve the item as recommended. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: ABSTAIN: ABSENT: IX. 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 indicated that the Housing Element implementation noise related elements and municipal code review to sunset provisions are included on the next Planning Commission meeting agenda on July 20th. Additionally, we will conduct an annual review of The House at the August 3 Planning Commission meeting along with two other items. He noted that the Aeronutronic Ford Soil Vapor Remediation was appealed and is scheduled for review by the City Council on July 25, 2023. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES Vice Chair Rosene requested an excused absence on July 20. Commissioner Lowrey requested an excused absence on August 17. X. ADJOURNMENT – With no further business, Chair Ellmore adjourned the meeting at 6:19 p.m. The agenda for the July 6, 2023, Planning Commission meeting was posted on Thursday, June 29, 2023, at 4:45 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 Thursday, June 29, 2023, at 4:11 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193