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Home My WebLink About18 - Planning Commission Agenda and Action Report for August 8, 2024SEW PO— u ram-_ r c q<� Fo FzN�P TO: FROM CITY OF NEWPORT BEACH City Council Staff Report August 27, 2024 Agenda Item No. 18 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, Deputy Community Development Director, 0murillo newportbeachca.gov PHONE: 949-644-3209 TITLE: Planning Commission Agenda Report for August 8, 2024 CONSENT ITEMS: ITEM NO. 1 SUMMARY ACTION MINUTES OF JUNE 20, 2024 Draft minutes from the June 20, 2024, meeting of the Planning Commission. Staff requested continuing the minutes to the next meeting. AYES: None NOES: None ABSENT: None ABSTAIN: None Continued the minutes to the meeting of August 22, 2024. PUBLIC HEARING ITEMS: ITEM NO. 2 CHIHUAHUA CERVEZA (PA2023-0141) Site Location: 3107 Newport Boulevard Summary: A request for a conditional use permit and coastal development permit to expand the outdoor dining patio of an existing restaurant (Chihuahua Cerveza). Chihuahua Cerveza currently operates with 1,213 square feet of interior net public area, 498 square feet of permanent outdoor dining patio, and 867 square feet of temporary outdoor dining patio. The applicant will reconfigure the patio areas to create one,1,403-square-foot, permanent, outdoor dining patio. The applicant requests to waive the additional parking spaces required for the patio expansion. Alcohol service would be extended to the entire outdoor dining patio through Chihuahua Cerveza's existing Type 47 (On Sale General — Eating Place) Alcoholic Beverage Control (ABC) license. Proposed hours of operation are from 6:30 a.m. to 10:00 p.m. Sunday to Thursday, and 6:30 a.m. to 11:00 p.m. Friday and Saturday; however, the outdoor dining patio will close nightly at 10 p.m. Chihuahua Cerveza is currently approved for live entertainment within the interior of the restaurant and no changes are proposed to the live entertainment. If approved, this conditional use permit would supersede conditional use permit No. UP2019-035 (PA2019-160). 18-1 ACTION ITEM NO. 3 Planning Commission Agenda Report for August 8, 2024 August 27, 2024 Page 2 The Planning Commission conducted a public hearing, received public input, and approved the project by the following vote: AYES: Ellmore, Langford, Rosene, and Salene NOES: None ABSENT: Barto, Harris, and Lowrey ABSTAIN: None Approved as recommended SHEA RESIDENCE (PA2024-0017) Site Location: 11 Bay Island Summary: A coastal development permit (CDP) to demolish an existing single -unit dwelling and construct a new 4,917-square-foot, three-story single -unit dwelling. The CDP also includes adjusting the off-street parking requirements with a parking management plan and increasing the allowed building height to 28 feet for flat portions of the roof and 33 feet for sloped portions of the roof in accordance with Use Permit No. UP3618. The design includes hardscape, drainage facilities, and landscaping. All improvements are located within the confines of private property. The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote: AYES: Ellmore, Langford, Rosene, and Salene NOES: None ABSENT: Barto, Harris, and Lowrey ABSTAIN: None ACTION: Approved as recommended 18-2 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity August 7-9 California Coastal Commission 1 Hanna Residences Land Public Hearing August 7-9, 2024 Use Change August 8 - Planning Commission Meeting 1 Chihuahua Parking Public Hearing Adjustment CUP/CDP 2 Shea Residence CDP Public Hearing August 15 - Zoning Administrator Meeting Address Plan # Staff Assigned Status District 3014 BALBOA BLVD PA2020-060 David Lee MORE INFO District 1 3107 NEWPORT BLVD PA2023-0141 David Blumenthal MORE INFO District 1 11 BAY ISLAND PA2024-0017 Jenny Tran MORE INFO District 1 1 Barsam Residence CDP Public Heaing 2791 BAY SHORE DR 2 Five Crowns Outdoor CONTINUED FROM - JULY 25, 2024 3801 COAST HWY E Dining CDP and LTP 3 Haeri Residential (Non -Hearing Item) 603 LARKSPUR AVE Condominiums TPM 4 Linos Residential (Non -Hearing Item) 516 LARKSPUR AVE Condominiums PA2024-0032 Oscar Orozco PA2023-0202 Melinda Whelan PA2024-0090 Laura Rodriguez PA2024-0110 Jerry Arregui MORE INFO District 2 MORE INFO District 6 MORE INFO District 6 MORE INFO District 6 The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 1 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity Address August 22 - Planning Commission Meeting (Election of Officers) 1 Tanar's Tobacco Appeal 2233 BALBOA BLVD W 2 Uptown Newport Public Hearing 4311 JAMBOREE ROAD Development Agreement 2nd Amendment August 27 - City Council Meeting 1 1201 Dove Street Project Lease Amendment for Realm Group 1201 DOVE ST (Consent ) 2 301 Balboa Blvd E Purchase and Sale Agreement (Consent 301 BALBOA BLVD E, 1 Property 3 Balboa Angling Club Lease Agreement (Consent) 4 Development Impact Fee Study Session Study 5 Residences at 1600 Dove Public Hearing Street 6 Surf Farm EIR Professional Service Agreement (Consent) 200 A ST 1 CITYWIDE PROJECT 1600 DOVE ST 3100 IRVINE AVE Plan # Staff Assigned Status District PA2023-0032 Jenny Tran MORE INFO District 1 PA2024-0078 Rosalinh Ung MORE INFO District 3 RP2024-0001 Lauren Wooding RP2024-0006 Lauren Wooding RP2024-0005 Lauren Wooding PA2021-127 Liz Westmoreland District 3 District 1 District 1 MORE INFO Citywide PA2022-0297 Liz Westmoreland MORE INFO District 3 PA2024-0069 Joselyn Perez MORE INFO District 3 The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 2 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity August 29 - Zoning Administrator Meeting 1 909 Almond PI Public Hearing Modification Permit 2 Luu Residence CDP Public Hearing 3 The NOW Massage Public Hearing Amendment September 05 - Planning Commission Meeting 1 Cade Cafe CUP/CDP Tentative Public Hearing 2 Housing Element (Tentative) Implementation Program Amendments 3 Wild Strawberry Outdoor Public Hearing Patio Parking Waiver Address Plan # Staff Assigned Status District 909 ALMOND PL PA2024-0112 Laura Rodriguez MORE INFO District 4 1509 BALBOA BLVD W PA2023-0184 Jerry Arregui MORE INFO District 1 2600 COAST HWY E, 120 PA2024-0089 Jenny Tran MORE INFO District 6 2210 NEWPORT BLVD, 101 PA2024-0074 Rosalinh Ung 1 CITYWIDE PROJECT PA2022-0245 Benjamin Zdeba 240 NEWPORT CENTER DR PA2021-309 Joselyn Perez September 4, 2024 - General Plan Advisory Committee (GPAC) 1 General Plan Update Regular Meeting 1 CITYWIDE PROJECT MORE INFO District 1 MORE INFO District 5 MORE INFO Citywide PA2022-080 Benjamin Zdeba MORE INFO Citywide The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 3 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity September 10 - City Council Meeting 1 CDBG CAPER for FY23-24 Public Hearing 2 Density Bonus LCP Public Hearing Amendment 3 Library/Fires Station 1 Public Hearing CDP 4 Lower Castaways Study Session 5 Residences at 1600 Dove Consent Street September 12 - Zoning Administrator Meeting September 19 - Planning Commission Meeting Address Plan # Staff Assigned Status District 1 CITYWIDE PROJECT RP2024-0007 Lauren Wooding District 5 1 CITYWIDE PROJECT PA2020-032 Jaime Murillo MORE INFO Citywide 100 BALBOA BLVD E, LIB PA2024-0140 Laura Rodriguez MORE INFO District 1 100 DOVER DR PA2024-0138 Benjamin Zdeba MORE INFO District 3 1600 DOVE ST PA2022-0297 Liz Westmoreland MORE INFO District 3 The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 4 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity Address Plan # Staff Assigned Status District September 24 - City Council Meeting 1 Density Bonus LCP Consent-2nd reading 1 CITYWIDE PROJECT PA2020-032 Jaime Murillo MORE INFO Citywide Amendment 2 Housing Element (Tentative) 1 CITYWIDE PROJECT PA2022-0245 Benjamin Zdeba MORE INFO District 5 Implementation Program Amendments 3 Nonconforming Uses & Public Hearing 1 CITYWIDE PROJECT PA2022-076 Joselyn Perez MORE INFO District 5 Structures LCP Amendment September 26 - Zoning Administrator Meeting October 3 - Planning Commission Meeting October 08 - City Council Meeting 1 Nonconforming Uses & 2nd Reading 1 CITYWIDE PROJECT PA2022-076 Joselyn Perez MORE INFO District 5 Structures LCP Amendment October 10 - Zoning Administrator Meeting The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 5 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity Address October 17 - Planning Commission Meeting October 22 - City Council Meeting October 24 - Zoning Administrator Meeting Hearing Date to be Determined 1 Cappy's Cafe CDP/MUP 2 Carden Hall Modular Classroom 3 Placeworks Coyote Canyon IS/MND Contract Amendment 4 Santiniello Residence CDF 5 Saunders Self Storage 6 Snow Residence Condominiums TPM/CDP/Conversion 7 Tracy Residence Variance Plan # Staff Assigned Status District 5930 COAST HWY W PA2023-0191 Jenny Tran MORE INFO District 1 Administrative Action. Staff Approval 1541 MONROVIA AVE PA2024-0125 Jenny Tran MORE INFO District 2 Consent 20662 NEWPORT COAST DF PA2022-063 Joselyn Perez MORE INFO District 7 1206 BLUE GUM LN PA2024-0014 Laura Rodriguez MORE INFO District 3 3848 CAMPUS DR PA2023-0145 Liz Westmoreland MORE INFO District 3 400 40TH ST PA2023-0147 Jerry Arregui MORE INFO District 1 1020 WHITE SAILS WAY PA2023-0200 Jenny Tran MORE INFO District 6 The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 6 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Proiect title Activity Address Plan # Staff Assigned Status District Pending Coastal Commission 1 Coastal Act 30613 CDP City Project 1 CITYWIDE PROJECT PA2022-111 Jaime Murillo MORE INFO Citywide Jurisdiction Change 2 Commercial Parking LCP Amendment 1 CITYWIDE PROJECT PA2021-104 Benjamin Zdeba MORE INFO Citywide Requirements 3 Dawson Residence CDP Private Project 2741 OCEAN BLVD PA2022-0315 David Lee MORE INFO District 6 Appeal 4 Mooring Field C City Project 1 CITYWIDE PROJECT PA2024-0139 Paul Blank MORE INFO District 5 Optimization Pilot Project 5 Municipal Code Clean Up LCP Amendment 1 CITYWIDE PROJECT PA2022-0219 Jaime Murillo MORE INFO 6 Short -Term Lodging LCP Amendment 1 CITYWIDE PROJECT PA2023-0116 Jaime Murillo MORE INFO Amendment 7 Small Cell Telecom Appea Private Project 3714 LAKE AVE PA2019-113 Benjamin Zdeba MORE INFO Citywide 8 Special Flood Hazard Aree LCP Amendment 1 CITYWIDE PROJECT PA2018-075 Liz Westmoreland MORE INFO District 1 (VE) Overlay 9 Tennis and Pickleball Club LCP Amendment 1602 COAST HWY PA2021-260 David Lee MORE INFO Citywide of Newport Beach The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 7 of 8 8/6/2024 PO ° % City of Newport Beach x Tentative Agenda Report - 08/03/2024 to 11 /06/2024 cq<r r=o RNs- Planner Contact Information Name & Title Phone Email Art Bashmakian, Contract Planner 949-644-3238 abashmakian@newportbeachca.gov Benjamin Zdeba, Principal Planner 949-644-3253 bzdeba@newportbeachca.gov Dan Campagnolo, Systems and Administration Manager 949-644-3231 dcampagnolo@newportbeachca.gov Daniel Kopshever, Assistant Planner 949-644-3235 dkopshever@newportbeachca.gov David Lee, Senior Planner 949-644-3225 dlee@newportbeachca.gov Jaime Murillo, Deputy CDD Director 949-644-3209 jmurillo@newportbeachca.gov James Sommers, City Traffic Engineer 949-644-3326 bsommers@newportbeachca.gov Jenny Tran, Assistant Planner 949-644-3212 jtran@newportbeachca.gov Jerry Arrequi, Planning Technician 949-644-3249 jarregui@newportbeachca.gov Joselyn Perez, Planner, Senior 949-644-3312 jperez@newportbeachca.gov Laura Rodriquez, Planning Technician 949-644-3216 Irodriguez@newportbeachca.gov Lauren Woodinq, Real Property Administrator 949-644-3236 Iwooding@newportbeachca.gov Liz Westmoreland, Senior Planner 949-644-3234 Westmoreland@newportbeachca.gov Melinda Whelan, Assistant Planner 949-644-3221 mwhelan@newportbeachca.gov Oscar Orozco, Assistant Planner 949-644-3216 oorozco@newportbeachca.gov Rosalinh Unq, Principal Planner (PT) 949-644-3208 rung@newportbeachca.gov Seimone Jurjis, Assistant ACM/CDD Director 949-644-3282 sjurjis@newportbeachca.gov Tonee Thai, Deputy CDD Director & Building Official 949-718-1867 tthai@newportbeachca.gov The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. Page 8 of 8 8/6/2024 August 27, 2024 Agenda Item No. 18 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 22, 2024 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 20, 2024 Recommended Action: Approve and file. ITEM NO. 3 MINUTES OF AUGUST 8, 2024 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. 1 of 2 Planning Commission Regular Meeting Agenda August 22, 2024 ITEM NO. 4 UPTOWN NEWPORT DEVELOPMENT AGREEMENT 2ND AMENDMENT (PA2024-0078) Site Location: 4311 Jamboree Road, North side of Jamboree Road, between MacArthur Boulevard and Birch Street Summary: An amendment of the Uptown Newport Development Agreement No. DA2021-003 (DA) to allow excess park in -lieu fee credits to be applied towards applicable public benefit fee obligations as specified in the DA for residential projects located within the Uptown Newport Planned Community (PC-58). Recommended Action: The applicant is requesting this item be continued to the September 5, 2024, Planning Commission meeting. ITEM NO. 5 TANAR'S TOBACCO APPEAL (PA2023-0032) Site Location: 2233 West Balboa Boulevard Summary: An appeal of the Zoning Administrator's May 30, 2024, decision to deny a minor use permit to allow a Type 20 (Off -Sale Beer & Wine) Alcoholic Beverage Control (ABC) license at an existing tobacco retail store. The Type 20 (Off -Sale Beer & Wine) ABC license would allow the existing retail business to sell beer and wine for off -site consumption. No other changes to the operation are requested and no construction is proposed. No on -site consumption of alcohol is proposed as part of the project. Recommended Action: 1. Conduct a de novo public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant Article 18, Section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because a project which a public agency rejects or disapproves is statutorily exempt and not subject to review under CEQA; and 3. Adopt Resolution No. PC2024-018 affirming the decision of the Zoning Administrator denying the Minor Use Permit filed as PA2023-0032. 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 2 of 2