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Home My WebLink About08-22-2024 - Planning Commission 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. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 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 Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 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, 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. 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 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. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 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 precedent of no off-site licenses 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 Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7