HomeMy WebLinkAbout08-08-2024 - Planning Commission
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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 8, 2024
REGULAR MEETING – 6:00 P.M.
I. CALL TO ORDER – 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Commissioner Salene
III. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Commissioner Jonathan Langford, and
Commissioner David Salene
ABSENT: Secretary Tristan Harris, Commissioner Brady Barto, and Commissioner Lee Lowrey
Staff Present: Assistant City Manager/Community Development Director Simone Jurjis, Deputy Community
Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic
Engineer Brad Sommers, Police Investigator Wendy Joe, Senior Planner Joselyn Perez,
Consultant Planner Kelly Ribuffo, Associate Planner Jenny Tran, Administrative Assistant
Clarivel Rodriguez, and Department Assistant Jasmine Leon
IV. PUBLIC COMMENTS - None
V. REQUEST FOR CONTINUANCES – Staff requested the minutes of June 20, 2024, be continued to the next
Planning Commission meeting.
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JUNE 20, 2024
Recommended Action: Approve and file.
At the request of staff, the minutes of June 20, 2024, were continued to the next Planning Commission meeting
on August 22, 2024.
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 CHIHUAHUA CERVEZA PATIO EXPANSION (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).
Recommended Action:
Planning Commission Regular Meeting Minutes
August 8, 2024
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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. PC2024-015 approving a Conditional Use Permit and Coastal
Development Permit filed as PA2023-0141.
Consultant Planner Ribuffo used a presentation to review the vicinity map, project location, project description,
existing and proposed floor plan, parking waiver, parking study, required findings, notable conditions of approval,
and recommended action.
In response to Vice Chair Rosene’s question, Consultant Planner Ribuffo stated that the patio will need to be
secured to allow for alcohol service on the patio. Deputy Community Development Director Murillo noted that
Condition 46 is a standard condition applied to the temporary patios to ensure safety and the condition will be
satisfied by the permanent patio, walls, and walkway.
In response to Commissioner Salene’s question, Consultant Planner Ribuffo noted that the temporary permit
expired in December of last year and the City allowed for the use of the temporary permit while the permanent
patio permit application was pursued. Deputy Community Development Director Murillo explained that the
proposal combines the two current patios, makes them permanent, and provides for a walkway around the
patio. Consultant Planner Ribuffo relayed that the proposed square footage is slightly larger than the current
space.
In response to Commissioner Langford’s question, Consultant Planner Ribuffo utilized the presentation to
review the new replacement parking space locations.
In reply to Chair Ellmore’s inquiry, City Traffic Engineer Sommers stated that the parking study findings were
adequate and satisfactory. He stated the weather conditions were clear.
The Commissioners stated that there were no ex parte communications.
Chair Ellmore opened the public hearing.
Gregg Ramirez, applicant representative, stated that the conditions of approval have been reviewed and the
applicant agrees with the terms.
Jim Mosher shared his observations of the parking lot use illustrated in Figure 3 on page 17 and questioned
the consultant’s conclusion that the lot is never more than 61% full. Also, he suggested the second sentence
and table, that contains errors, be deleted in Condition of Approval 23 and the ordinance cited instead.
Consultant Planner Ribuffo stated that the noise standards are intended to match Ordinance 10.26 and errors
will be corrected.
Assistant City Attorney Summerhill suggested including only the first sentence of Condition of Approval 23.
In reply to Chair Ellmore’s questions, City Traffic Engineer Sommers remained confident in the
recommendation after reviewing Figure 3.
Chair Ellmore closed the public hearing.
Vice Chair Rosene expressed concern for the path of travel, but with the addition of the gate he expressed his
support for the project, noted a mostly full parking lot from the current Google Earth image, relayed that the
parking lot design with the encroachment “feels forced”, and indicated that the location will be controlled by the
gate.
Planning Commission Regular Meeting Minutes
August 8, 2024
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Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve the staff
recommendation with the addition of a gate and modification to Condition of Approval 23 per staff’s
recommendation.
AYES: Ellmore, Langford, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto, Harris, and Lowrey
ITEM NO. 3 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.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and
3. Adopt Resolution No. PC2024-016 approving a Coastal Development Permit filed as PA2024-
0017.
Associate Planner Tran used a presentation to review the project description, vicinity map, building sites, Use
Permit No. 3618 development standards, height increase with Planning Commission approval, Local Coastal
Program Implementation Plan development standards, Parking Management Plan and image, public
comments, redlines to the resolution, and recommended action.
Vice Chair Rosene asked if Bay Island is considered a high-density area and expressed curiosity for allowable
construction times. Staff agreed to investigate it. In reply, Associate Planner Tran shared construction time
restrictions.
The Commissioners stated that there were no ex parte communications.
Chair Ellmore opened the public hearing.
The applicant agreed to the conditions of approval.
Chair Ellmore closed the public hearing.
Deputy Community Development Director Murillo stated that the project area is considered high-density and
subject to no construction on Saturdays and Sundays.
Motion made by Vice Chair Rosene and seconded by Chair Ellmore to approve the item as recommended by
staff.
Planning Commission Regular Meeting Minutes
August 8, 2024
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AYES: Ellmore, Langford, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: Barto, Harris, and Lowrey
VIII. 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 Murillo noted that the City Council voted to approve and move forward
the Housing Element Implementation Program amendments and directed staff to process an amendment to the
Housing Element to remove the requirements for a vote from the rezoning program. As a result, staff is working
with the California Department of Housing and Community Development (HCD).
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES - None
IX. ADJOURNMENT – With no further business, Chair Ellmore adjourned the meeting at 6:33 p.m.
The agenda for the August 8, 2024, Planning Commission meeting was posted on Thursday, August
01, 2024, at 5:35 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 01,
2024, at 5:29 p.m.
_______________________________
Curtis Ellmore, Chair
_______________________________
Tristan Harris, Secretary