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NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 5, 2024 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER - 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Barto III. ROLL CALL PRESENT: Chair Mark Rosene, Secretary David Salene, Commissioner Brady Barto, Commissioner Curtis Ellmore, Commissioner Jonathan Langford, and Commissioner
Lee Lowrey ABSENT: Vice Chair Tristan Harris
Staff Present: Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Police Investigator
Wendy Joe, Senior Planner Joselyn Perez, Planning Manager Ben Zdeba, Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS - None V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF AUGUST 22, 2024 Recommended Action: Approve and file
Motion made by Commissioner Langford and seconded by Commissioner Ellmore to approve the meeting minutes of August 22, 2024, with Mr. Mosher’s edits.
AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None
ABSENT: Harris VII. PUBLIC HEARING ITEMS ITEM NO. 2 WILD STRAWBERRY CAFÉ OUTDOOR DINING AREA EXPANSION (PA2021-309) Site Location: 240 Newport Center Drive, Suite 100 Summary: A request for a conditional use permit to increase the authorized area used for outdoor
dining at an existing restaurant from 75 square feet to approximately 658 square feet and to waive the additional parking spaces required for the expanded area. Alcohol service would be offered on a portion of the expanded outdoor dining area through the
restaurant’s existing Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic
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Beverage Control (ABC) License and the alcohol service area would be delineated with planters. Hours of operation are proposed to remain from 7:00 a.m. to 6:00 p.m., daily.
Aside from the expanded outdoor dining and alcohol service area, there are no other operational changes proposed. If approved, this Conditional Use Permit would supersede all prior approvals. Recommended Action: 1. Conduct a public hearing; 2. Find this review 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. PC2024-017 approving Conditional Use permit filed as PA2023-309 and superseding Use Permit Nos. UP2021-026 (PA2021-135) and UP2003-051
(PA2003-295), Outdoor Dining Permit No. OD2004-002 and Staff Approval No. SA2004-018 (PA2004-220).
Senior Planner Perez used a presentation to review the vicinity map, surrounding land uses, existing restaurant operations, proposed project, photos of the outdoor patio, requested parking waiver, notable conditions of approval, and recommendation. In response to Commissioner Langford’s question, Senior Planner Perez indicated that no special events are proposed by the operator. In reply to Secretary Salene’s question, Senior Planner Perez stated that the landlord signed the application to submit for the conditional use permit and the planter design is subject to ABC’s approval, as per a condition of approval.
In reply to Chair Rosene’s question, Police Investigator Wendy Joe noted that ABC has approved various fencing or planters.
In response to Commissioner Ellmore’s inquiry, Senior Planner Perez relayed that while the operating hours in the condition of approval of 7:00 a.m. to 6:00 p.m. represent the original approval of the restaurant, they typically close a little earlier.
There were no ex parte communications among the Commissioners except for Commissioner Ellmore who met and talked with the café owners. Chair Rosene opened the public hearing. The applicant stated she has reviewed the conditions of approval and agrees and relayed the normal operating hours. Keith Dawson urged the Planning Commission to approve the application.
Chair Rosene closed the public hearing. Commissioner Ellmore noted no parking issues, an attentive and proactive operator, and a small
business the community would like to support.
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Chair Rosene relayed a well-parked property and was inclined to support the recommendation. Motion made by Commissioner Ellmore and seconded by Commissioner Salene to approve the staff recommendation as amended. AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Harris ITEM NO. 3 UPTOWN NEWPORT DEVELOPMENT AGREEMENT SECOND 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 Actions: 1. Conduct a public hearing; 2. All significant environmental concerns for the proposed project have been addressed in the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum No. ER2012-001, and Second Addendum No. ER2020-001; and
3. Adopt Resolution No. PC2024-018 recommending the City Council approval of Uptown Newport Development Agreement No. DA2012-003, Second Amendment.
Deputy Community Development Director Murillo used a presentation to review the proposed request, vicinity map, Uptown Newport Planned Community, Uptown Newport Development
Agreement (DA), park dedication requirements and credits, park in-lieu fee credit requests, if the amendment is approved, and recommendation. In reply to Secretary Salene’s inquiry, Deputy Community Development Director Murillo stated that the credits can currently be applied to Uptown Phase 2 development. There were no ex parte communications except for Chair Rosene who had a conversation with the applicant’s consultant and Commissioner Langford who spoke with the applicant. Chair Rosene opened the public hearing.
Brian Rupp of Shopoff Realty Investment, represented the applicant and stated the request, noted how the park fees were generated, asked to apply a portion of the park fee credits to current public benefit fees for two residential projects in Phase 1 rather than wait for Phase 2, and summarized the
fees the Uptown Newport Planned Community development has generated for the City and will continue to do so in the future.
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Jim Mosher inquired about what would happen at the end of Phase 2 if the DA was not amended
and if the City has a mechanism for refunding overcharges, and questioned the current assessment that determined the current refund size. The applicant clarified that they have not been overcharged and that excess fee credits are available for the park construction costs. Assistant City Attorney Summerhill clarified that the unused park fee credits could be applied towards Phase 2, as allowed by DA. Chair Rosene closed the public hearing. No comments were received from the Commissioners. Motion made by Commissioner Langford and seconded by Commissioner Barto to approve the staff
recommendation. AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene
NOES: None ABSTAIN: None ABSENT: Harris ITEM NO. 4 AMENDMENT TO THE 6TH CYCLE HOUSING ELEMENT (PA2022-0245) Site Location: Citywide Summary: A narrowly focused amendment to the City’s adopted and certified 6th Cycle Housing Element that would revise portions of Section 3 (Housing Constraints, Resources, and Affirmatively Furthering Fair Housing) and Section 4 (Housing Plan) to change the narrative and implementing actions to remove the requirement for a vote of the electorate pursuant to Charter Section 423.
Recommended Actions:
1. Conduct a public hearing; 2. Find that all significant environmental concerns for the City’s Housing Element and its
implantation have been addressed in a previously certified environmental document (Housing Element Implementation Program Environmental Impact Report [PEIR] – State Clearinghouse Number 2023060699); and 3. Adopt Resolution No. PC2024-019 recommending the City Council’s adoption of the Amendment. Planning Manager Zdeba used a presentation to review the Housing Element’s background, the July 23, 2024, City Council actions and direction received, the narrowly focused amendment for the Housing Element, results of the California Department of Housing and Community Development (HCD) review, and next steps.
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In reply to Commissioner Ellmore’s question, Assistant City Attorney Summerhill stated that the City Council had already determined that no vote is required, and it is unlikely the Council would change
direction on the matter. She noted the Planning Commission’s recommendation on this matter is largely a procedural step that is required by the code. She noted that the 6th Cycle Housing Element has been adopted and certified and the one defining feature is whether a vote would be required. There were no ex parte communications among the Commissioners. Chair Rosene opened the public hearing. Jim Mosher stated that, although he is an appointed member of the City’s General Plan Advisory Committee (GPAC), he would only be expressing his personal opposition to this change to the Housing Element. He expressed his belief that the Council has been deceitful about the Housing Element Plan and thought the voters have a right to weigh in on it. Chair Rosene closed the public hearing.
Commissioner Lowrey expressed concern for overriding a public vote within the City Charter and did not see the overriding factors from the State.
In response, Assistant City Attorney Summerhill noted a lawsuit has been filed against the City on this matter and that Commissioner Lowrey’s concern would be resolved as part of the litigation. Additionally, she clarified that the amendment for consideration is to eliminate the specific policy action requirement set forth in the Housing Element. Commissioner Lowrey expressed his discomfort with the amendment. Motion made by Chair Rosene and seconded by Secretary Salene to approve the staff recommendation. AYES: Barto, Ellmore, Langford, Rosene, and Salene NOES: Lowrey ABSTAIN: None ABSENT: Harris
VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 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 September 19 Planning Commission meeting is canceled, and the next meeting will be on October 3 to address two variances and one conditional use permit for a restaurant with a parking waiver. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Secretary Salene requested an excused absence for October 3. IX. ADJOURNMENT – With no further business, Chair Rosene adjourned the meeting at 6:46 p.m.
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The agenda for the September 5, 2024, Planning Commission meeting was posted on Thursday, August 29, 2024, at 6:35 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 29, 2024, at 6:20 p.m. _______________________________ Mark Rosene, Chair _______________________________ Seimone Jurjis, Ex-Officio Secretary
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