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Home My WebLink About0.0_Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 22, 2024 REGULAR MEETING - 6:00 P.M. CURTIS ELLMORE Chair MARK ROSENE Vice Chair TRISTAN HARRIS Secretary BRADY BARTO JON LANGFORD LEE LOWREY DAVID SALENE Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for four-year terms. At the tables in front are City staff members who are here to advise the Commission during the meeting. They are: SEIMONE JURJIS, Community Development Director JAIME MURILLO, Deputy Community Development Director YOLANDA SUMMERHILL, Assistant City Attorney BRAD SOMMERS, City Traffic Engineer CLARIVEL RODRIGUEZ, Administrative Assistant NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's website at: http://www.newportbeachca.gov and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at 949-644-3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission’s agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded. Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. Please Note: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send them by electronic mail directly to Commissioners at planningcommissioners@newportbeachca.gov. Each Commissioner and staff will receive your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant of this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Clarivel Rodriguez, Administrative Assistant, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3232 or crodriguez@newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan, Zoning, and Local Coastal Program Amendments are automatically forwarded to the City Council for final action. 2 of 3 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. Planning Commission Regular Meeting Agenda August 22, 2024 3 of 3 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