HomeMy WebLinkAbout1.0_Draft Minutes of August 22, 2024
Page 1 of 4
.
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 22, 2024
REGULAR MEETING – 6:00 P.M.
I. CALL TO ORDER – 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Commissioner Lowrey
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady
Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner
David Salene
ABSENT: None
Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Deputy
Community Development Director Jaime Murillo, Assistant City Attorney Yolanda
Summerhill, Civilian Investigator Wendy Joe, Associate Planner Jenny Tran, Administrative
Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon
IV. ELECTION OF OFFICERS
ITEM NO. 1 ELECTION OF OFFICERS
Summary:
The Planning Commission adopted rules that 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.
Commissioner Langford nominated Vice Chair Rosene for Chair, Secretary Harris for Vice Chair, and
Commissioner Salene for Secretary. With a unanimous vote of 7 ayes, Commissioner Rosene was elected to
Chair, Commissioner Harris was elected to Vice Chair, and Commissioner Salene was elected to Secretary.
V. PUBLIC COMMENTS - None
VI. REQUEST FOR CONTINUANCES – Deputy Director Community Development Murillo requested a continuance
for Item No. 4.
VII. CONSENT ITEMS
ITEM NO. 2 MINUTES OF JUNE 20, 2024
Recommended Action: Approve and file.
Planning Commission Regular Meeting Minutes
August 22, 2024
Page 2 of 4
Motion made by Vice Chair Harris and seconded by Commissioner Barto to approve the minutes of June 20,
2024, with Mr. Mosher’s edits.
AYES: Barto, Ellmore, Harris, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: Rosene
ABSENT: None
ITEM NO. 3 MINUTES OF AUGUST 8, 2024
Recommended Action: Approve and file.
Motion made by Commissioner Ellmore and seconded by Commissioner Langford to approve the minutes of
August 8, 2024, with Mr. Mosher’s edits.
AYES: Ellmore, Langford, Rosene, and Salene
NOES: None
ABSTAIN: Barto, Harris, and Lowrey
ABSENT: None
VIII. PUBLIC HEARING ITEMS
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.
Chair Rosene opened the public hearing.
There was no public comment.
Chair Rosene closed the public hearing.
Motion made by Vice Chair Harris and seconded by Secretary Salene to continue the item to September 5,
2024.
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: None
Planning Commission Regular Meeting Minutes
August 22, 2024
Page 3 of 4
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.
Associate Planner Tran utilized a presentation to review the project description, vicinity maps, police
department review, Zoning Administrator action, appeal, inconsistency with similar approvals,
misrepresentation of crime statistics, limited availability of off-sale licenses, community support, mitigating
measures, redline to resolution, and recommendation.
In reply to Commissioner Ellmore’s question, Deputy Community Development Director Murillo stated that the
Zoning Administrator at the time of the Zoning Administrator hearing was Principal Planner Benjamin Zdeba.
Ex parte communications were disclosed by Commissioner Barto who was contacted by a neighbor, Chair
Rosene who visited the property and spoke with the appellant, and Commissioner Langford who received
phone calls from neighboring parcel owners expressing concern. The remaining Commissioners had no ex
parte communications.
Chair Rosene opened the public hearing.
Mila Tanar, spokesperson for the appellant, appealed the decision of the Zoning Administrator and utilized a
presentation to review the background, proposed addition of the Type 20 license, appeal reason –
inconsistencies with the approval process, map of RD15, appeal reason – misrepresentation/overemphasis on
crime statistics, Newport Beach Police Department 2023 Crime and Alcohol-Related Statistics, and conclusion.
In reply to Commissioner Langford’s question, Ms. Tanar clarified that the site plan illustrates the cash register
to be relocated.
In reply to Commissioner Ellmore’s question, Ms. Tanar described the enhanced security measures that could
be implemented, stated that the business is family run and operated, and agreed to alcohol sales training if
approved.
Jim Mosher noted an error to the percentage on page four and spelling error to the word Pavilions on the next
page, noticed an effort to reduce off-sale licenses and a rapid increase of on-sale licenses in the same census
tract, relayed possible reasons for an inconsistency in applications in RD15, stated that the application was
filed by the wife of a recently elected Council member, thought it was good that staff is not recommending
approval of every application, and expressed confusion for the on-sale license for this suite in the police
department’s table of existing licenses on page 59.
Planning Commission Regular Meeting Minutes
August 22, 2024
Page 4 of 4
Chair Rosene closed the public hearing.
Commissioner Ellmore thought the Zoning Administrator was accurate in the findings, additional accessibility
to alcohol could exacerbate the homelessness issue, other options to purchase off-site liquor are available,
and the location is not appropriate for the request. He supported the Zoning Administrator’s decision.
Commissioner Langford concurred with Commissioner Ellmore, supported the precedence of off-site licenses
not near the beach, noted the problems at McFadden Square, and was not inclined to support the appeal.
Motion made by Commissioner Ellmore and seconded by Commissioner Langford to deny the appeal and
support the Zoning Administrator’s denial of the application by adopting Resolution No. PC2024-018.
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: None
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION - None
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.
Deputy Community Development Director Murillo stated that the California Department of Housing and Community
Development (HCD) has determined that the amendment to the Housing Element will still allow it to remain in
statutory compliance with State law. Additionally, he stated that the amendment will be brought to the Planning
Commission for review and a recommendation to the City Council at the next Planning Commission meeting on
September 5, along with two additional items.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES - None
X. ADJOURNMENT – With no further business, Chair Rosene adjourned the meeting at 6:31 p.m.
The agenda for the August 22, 2024, Planning Commission meeting was posted on Thursday, August
15, 2024, at 2:42 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, August 15,
2024, at 2:39 p.m.
_______________________________
Mark Rosene, Chair
_______________________________
David Salene, Secretary
September 5, 2024, Planning Commission Item 1 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. 1. MINUTES OF AUGUST 22, 2024
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 3 of 4, Item 5, paragraph 1 of narrative: “Associate Planner Tran utilized a presentation to
review the project description, vicinity maps, police department review, Zoning Administrator
action,appeal, and appellant’s contentions including inconsistency with similar approvals,
misrepresentation of crime statistics, limited availability of off-sale licenses, community support,
mitigating measures,. She also displayed a redline to the resolution,and a recommendation.”
Page 3 of 4, last paragraph: “Jim Mosher noted an error to the percentage on page four and
spelling error to the word Pavilions on the next page, noticed an effort to reduce off-sale
licenses and a rapid increase of on-sale licenses in the same census tract, relayed possible
reasons for an inconsistency in applications in RD15, stated that the previously approved
off-sale application in RD15 was filed by the wife of a recently elected Council member, thought
it was good that staff is not recommending approval of every application, and expressed
confusion for the on-sale license for this suite in the police department’s table of existing
licenses on page 59.”
Page 4 of 4, paragraph 3: “Commissioner Langford concurred with Commissioner Ellmore,
supported the precedence precedent of no off-site licenses not near the beach, noted the
problems at McFadden Square, and was not inclined to support the appeal.”
Planning Commission - September 5, 2024 Item No. 1a - Additional Materials Received Draft Minutes of August 22, 2024