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4. Unofficial Planning Commission minutes

Costa Mesa City Council
May 7, 2024

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4. Unofficial Planning Commission minutes
Meeting
May 7, 2024
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Costa Mesa City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on costamesa.legistar1.com. That file is the official record.

UNOFFICIAL UNTIL APPROVED

MEETING MINUTES OF THE CITY OF
COST

A MESA PLANNING COMMISSION
March
25, 2024
PUBLI
C HEARINGS:

1. PLANNI
NG APPLICATION 22 -08 FOR A RETAIL CANNABIS STOREFRONT
BUSINESS WITH DELIVERY LOCATED AT 2490 NEWPORT BOULEVARD (NEWPORT WELLNESS)
Pro
ject Description: Planning Application 22- 08 is a request for a Conditional Use Permit to allow an approximate 2,000- square-foot retail cannabis storefront use with delivery in an existing single- story commercial building located at 2490 Newport Boulevard.

Envi
ronmental Determination: The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities.

The fol
lowing two ex-parte Planning Commission communications were reported:

Comm
issioner Viviar spoke on the phone with Kate Klimow.

Chair
Ereth spoke on the phone with Kate Klimow. and spoke with Attorney Alexander Haberbush who is representing some Eastside Costa Mesa residents.

Mic
helle Halligan, Senior Planner, presented the staff report.

The Com
mission asked questions of staff including discussion of number of units on the property, proposed trash enclos ure, security lighting impacts on nearby vacant or occupied residential units, light shielding and light fixtures, type of fence proposed to be built, existing businesses, overnight security guards, proximity to other approved cannabis applications, neighborhood compatibility, and employee parking requirements.

The C
hair opened the Public Hearing.

Sean Ma
ddocks, applicant’s representative, stated he had read and agreed to the conditions of approval.

The Co
mmission asked questions of the applicant including discussion of community outreach, unhoused individuals in the surrounding area, reason for holding community outreach meeting in January, and current tenants onsite.

The C
hair opened Public Comments.

ATTACHMENT 4
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UNOFFICIAL UNTIL APPROVED
Speak
er one spoke in opposition of the item.

Rober
t White spoke in opposition to the item.

Speak
er three spoke in opposition of the item.

Speak
er four spoke in opposition of the item.

Al
exander Haberbush spoke in opposition to the item.

The
Chair closed Public Comments.

The Co
mmission asked additional questions of a pplicant and staff regarding property owners’ decision to lease to a cannabis business, whom the community can contact for more information, reduced hours of operation, dis advantages of reducing operation hours are reduced, if there are sensitive uses located nearby, and for staff to elaborate on the pending Cannabis Ordinance update.

The
Chair closed the Public Hearing.

The C
ommission deliberation included the number of cannabis storefronts already approved, the proposed cannabis ordinance changes, community concerns, neighboring residential uses , adequate security lighting and i f it impacts the neighboring residents, positive and negative impacts on the community, General Plan, compliance findings, and codes the Commission must abide by.

Com
missioner Vivar made a motion to Deny Planning Application 22- 08.

Seconded by Commissioner Andrade.

The C
ommission discussed the motion including that the proposed development may not be compatible with residential units on the property and nearby , the potential negative impacts on the neighborhood, and that maintenance of the property should be done by the property owner.

Vi
ce Chair Toler made a substitute motion to approve Planning Application 22-08.

Seconded by Commissioner Rojas.

The C
ommission discussed the motion and added conditions to have the applicant come back to the Planning Commission if the 24-hour security condition is revised, and to require a parking atten dant for three months and then after the three months, the staff will decide if the parking attendant will continue.

MO
VED/SECOND: Toler/Rojas
MOTION: Approve staff’s recommendation.

The motion carried by the following roll call vote:
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UNOFFICIAL UNTIL APPROVED
Ayes: Ereth, Toler, Rojas
Nay
s: Andrade, Vivar

Absent: Klepack, Zich
Abstain: None
Motion carried: 3-2-2
ACTI
ON: The Planning Commission adopted a resolution to:

1. Fi
nd that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1) Existing Facilities; and

2. Appr
ove Planning Application 22- 08 subject to the conditions of approval as contained in the Resolution.

RES
OLUTION PC- 2024-09 - A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA APPROVING PLANNING APPLICATION 22 -08 FOR A STOREFRONT RETAIL CANNABIS BUSINESS WITH DELIVERY (NEWPORT WELLNESS) IN THE C1 ZONE AT 2490 NEWPORT BOULEVARD
The C
hair explained the appeal process.
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