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NEWPORT BEACH
City Council Staff Report
August 27, 2024
Agenda Item No. 18
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jaime Murillo, Deputy Community Development Director, 0murillo newportbeachca.gov
PHONE: 949-644-3209
TITLE: Planning Commission Agenda Report for August 8, 2024 CONSENT ITEMS:
ITEM NO. 1
SUMMARY
ACTION
MINUTES OF JUNE 20, 2024
Draft minutes from the June 20, 2024, meeting of the Planning Commission.
Staff requested continuing the minutes to the next meeting.
AYES:
None
NOES:
None
ABSENT:
None
ABSTAIN:
None
Continued the minutes to the meeting of August 22, 2024.
PUBLIC HEARING ITEMS:
ITEM NO. 2 CHIHUAHUA CERVEZA (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).
18-1
ACTION
ITEM NO. 3
Planning Commission Agenda Report for August 8, 2024
August 27, 2024
The Planning Commission conducted a public hearing, received public input, and approved the project by the following vote:
AYES:
Ellmore, Langford, Rosene, and Salene
NOES:
None
ABSENT:
Barto, Harris, and Lowrey
ABSTAIN:
None
Approved as recommended
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.
The Planning Commission conducted a public hearing, considered public input, and approved the project by the following vote:
AYES:
Ellmore, Langford, Rosene, and Salene
NOES:
None
ABSENT:
Barto, Harris, and Lowrey
ABSTAIN:
None
ACTION: Approved as recommended
18-2
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° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
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Proiect title Activity
August 7-9 California Coastal Commission
1 Hanna Residences Land Public Hearing August 7-9, 2024 Use Change
August 8 - Planning Commission Meeting
1 Chihuahua Parking Public Hearing
Adjustment CUP/CDP
2 Shea Residence CDP Public Hearing
August 15 - Zoning Administrator Meeting
Address Plan # Staff Assigned Status District
3014 BALBOA BLVD
PA2020-060
David Lee
MORE INFO
District 1
3107 NEWPORT BLVD
PA2023-0141
David Blumenthal
MORE INFO
District 1
11 BAY ISLAND
PA2024-0017
Jenny Tran
MORE INFO
District 1
1 Barsam Residence CDP
Public Heaing
2791 BAY SHORE DR
2 Five Crowns Outdoor
CONTINUED FROM - JULY 25, 2024
3801 COAST HWY E
Dining CDP and LTP
3 Haeri Residential
(Non -Hearing Item)
603 LARKSPUR AVE
Condominiums TPM
4 Linos Residential
(Non -Hearing Item)
516 LARKSPUR AVE
Condominiums
PA2024-0032 Oscar Orozco
PA2023-0202 Melinda Whelan
PA2024-0090 Laura Rodriguez
PA2024-0110 Jerry Arregui
MORE INFO District 2
MORE INFO District 6
MORE INFO District 6
MORE INFO District 6
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
cq<r r=o RNs-
Proiect title Activity Address
August 22 - Planning Commission Meeting (Election of Officers) 1 Tanar's Tobacco Appeal 2233 BALBOA BLVD W
2 Uptown Newport Public Hearing 4311 JAMBOREE ROAD
Development Agreement
2nd Amendment
August 27 - City Council Meeting
1 1201 Dove Street Project Lease Amendment for Realm Group 1201 DOVE ST (Consent )
2 301 Balboa Blvd E Purchase and Sale Agreement (Consent 301 BALBOA BLVD E, 1 Property
3 Balboa Angling Club Lease Agreement (Consent)
4 Development Impact Fee Study Session
Study
5 Residences at 1600 Dove Public Hearing
Street
6 Surf Farm EIR Professional Service Agreement
(Consent)
200 A ST
1 CITYWIDE PROJECT
1600 DOVE ST
3100 IRVINE AVE
Plan #
Staff Assigned
Status
District
PA2023-0032
Jenny Tran
MORE INFO
District 1
PA2024-0078
Rosalinh Ung
MORE INFO
District 3
RP2024-0001 Lauren Wooding
RP2024-0006 Lauren Wooding
RP2024-0005 Lauren Wooding
PA2021-127 Liz Westmoreland
District 3
District 1
District 1
MORE INFO Citywide
PA2022-0297 Liz Westmoreland MORE INFO District 3
PA2024-0069 Joselyn Perez MORE INFO District 3
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
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Proiect title Activity
August 29 - Zoning Administrator Meeting
1 909 Almond PI Public Hearing
Modification Permit
2 Luu Residence CDP Public Hearing
3 The NOW Massage Public Hearing
Amendment
September 05 - Planning Commission Meeting
1 Cade Cafe CUP/CDP Tentative Public Hearing
2 Housing Element (Tentative)
Implementation Program
Amendments
3 Wild Strawberry Outdoor Public Hearing
Patio Parking Waiver
Address Plan # Staff Assigned Status District
909 ALMOND PL
PA2024-0112
Laura Rodriguez
MORE INFO
District 4
1509 BALBOA BLVD W
PA2023-0184
Jerry Arregui
MORE INFO
District 1
2600 COAST HWY E, 120
PA2024-0089
Jenny Tran
MORE INFO
District 6
2210 NEWPORT BLVD, 101 PA2024-0074 Rosalinh Ung
1 CITYWIDE PROJECT PA2022-0245 Benjamin Zdeba
240 NEWPORT CENTER DR PA2021-309 Joselyn Perez
September 4, 2024 - General Plan Advisory Committee (GPAC) 1 General Plan Update Regular Meeting 1 CITYWIDE PROJECT MORE INFO District 1
MORE INFO District 5
MORE INFO Citywide
PA2022-080 Benjamin Zdeba MORE INFO Citywide
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
cq<r r=o RNs-
Proiect title Activity
September 10 - City Council Meeting
1 CDBG
CAPER for FY23-24 Public Hearing
2 Density Bonus LCP Public Hearing
Amendment
3 Library/Fires Station 1 Public Hearing
CDP
4 Lower Castaways Study Session
5 Residences at 1600 Dove Consent
Street
September 12 - Zoning Administrator Meeting
September 19 - Planning Commission Meeting
Address
Plan #
Staff Assigned
Status
District
1 CITYWIDE PROJECT
RP2024-0007
Lauren Wooding
District 5
1 CITYWIDE PROJECT
PA2020-032
Jaime Murillo
MORE INFO
Citywide
100 BALBOA BLVD E, LIB
PA2024-0140
Laura Rodriguez
MORE INFO
District 1
100 DOVER DR
PA2024-0138
Benjamin Zdeba
MORE INFO
District 3
1600 DOVE ST
PA2022-0297
Liz Westmoreland
MORE INFO
District 3
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
cq<r r=o RNs-
Proiect title
Activity
Address
Plan # Staff Assigned
Status District
September 24 - City Council Meeting
1 Density Bonus LCP
Consent-2nd reading
1 CITYWIDE PROJECT
PA2020-032 Jaime Murillo
MORE INFO Citywide
Amendment
2 Housing Element
(Tentative)
1 CITYWIDE PROJECT
PA2022-0245 Benjamin Zdeba
MORE INFO District 5
Implementation Program
Amendments
3 Nonconforming Uses &
Public Hearing
1 CITYWIDE PROJECT
PA2022-076 Joselyn Perez
MORE INFO District 5
Structures LCP
Amendment
September 26 - Zoning Administrator Meeting
October 3 - Planning Commission Meeting
October 08 - City Council Meeting
1 Nonconforming Uses & 2nd Reading 1 CITYWIDE PROJECT PA2022-076 Joselyn Perez MORE INFO District 5 Structures LCP
Amendment
October 10 - Zoning Administrator Meeting
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
cq<r r=o RNs-
Proiect title Activity Address
October 17 - Planning Commission Meeting
October 22 - City Council Meeting
October 24 - Zoning Administrator Meeting
Hearing Date to be Determined
1 Cappy's Cafe CDP/MUP
2 Carden Hall Modular
Classroom
3 Placeworks Coyote
Canyon IS/MND Contract
Amendment
4 Santiniello Residence CDF
5 Saunders Self Storage
6 Snow Residence
Condominiums
TPM/CDP/Conversion
7 Tracy Residence Variance
Plan # Staff Assigned Status District
5930 COAST HWY W
PA2023-0191
Jenny Tran
MORE INFO
District 1
Administrative Action. Staff Approval 1541 MONROVIA AVE PA2024-0125
Jenny Tran
MORE INFO
District 2
Consent 20662 NEWPORT COAST DF
PA2022-063
Joselyn Perez
MORE INFO
District 7
1206 BLUE GUM LN
PA2024-0014
Laura Rodriguez
MORE INFO
District 3
3848 CAMPUS DR
PA2023-0145
Liz Westmoreland
MORE INFO
District 3
400 40TH ST
PA2023-0147
Jerry Arregui
MORE INFO
District 1
1020 WHITE SAILS WAY
PA2023-0200
Jenny Tran
MORE INFO
District 6
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
cq<r r=o RNs-
Proiect title
Activity
Address
Plan #
Staff Assigned
Status
District
Pending Coastal Commission
1 Coastal Act 30613 CDP
City Project
1 CITYWIDE PROJECT
PA2022-111
Jaime Murillo
MORE INFO
Citywide
Jurisdiction Change
2 Commercial Parking
LCP Amendment
1 CITYWIDE PROJECT
PA2021-104
Benjamin Zdeba
MORE INFO
Citywide
Requirements
3 Dawson Residence CDP
Private Project
2741 OCEAN BLVD
PA2022-0315
David Lee
MORE INFO
District 6
Appeal
4 Mooring Field C
City Project
1 CITYWIDE PROJECT
PA2024-0139
Paul Blank
MORE INFO
District 5
Optimization Pilot Project
5 Municipal Code Clean Up
LCP Amendment
1 CITYWIDE PROJECT
PA2022-0219
Jaime Murillo
MORE INFO
6 Short -Term Lodging
LCP Amendment
1 CITYWIDE PROJECT
PA2023-0116
Jaime Murillo
MORE INFO
Amendment
7 Small Cell Telecom Appea
Private Project
3714 LAKE AVE
PA2019-113
Benjamin Zdeba
MORE INFO
Citywide
8 Special Flood Hazard Aree
LCP Amendment
1 CITYWIDE PROJECT
PA2018-075
Liz Westmoreland
MORE INFO
District 1
(VE) Overlay
9 Tennis and Pickleball Club
LCP Amendment
1602 COAST HWY
PA2021-260
David Lee
MORE INFO
Citywide
of Newport Beach
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
PO
° % City of Newport Beach
x Tentative Agenda Report - 08/03/2024 to 11 /06/2024
cq<r r=o RNs-
Planner Contact Information
Name & Title
Phone
Email
Art Bashmakian, Contract Planner
949-644-3238
[email protected]
Benjamin Zdeba, Principal Planner
949-644-3253
[email protected]
Dan Campagnolo, Systems and Administration Manager
949-644-3231
[email protected]
Daniel Kopshever, Assistant Planner
949-644-3235
[email protected]
David Lee, Senior Planner
949-644-3225
[email protected]
Jaime Murillo, Deputy CDD Director
949-644-3209
[email protected]
James Sommers, City Traffic Engineer
949-644-3326
[email protected]
Jenny Tran, Assistant Planner
949-644-3212
[email protected]
Jerry Arrequi, Planning Technician
949-644-3249
[email protected]
Joselyn Perez, Planner, Senior
949-644-3312
[email protected]
Laura Rodriquez, Planning Technician
949-644-3216
[email protected]
Lauren Woodinq, Real Property Administrator
949-644-3236
[email protected]
Liz Westmoreland, Senior Planner
949-644-3234
[email protected]
Melinda Whelan, Assistant Planner
949-644-3221
[email protected]
Oscar Orozco, Assistant Planner
949-644-3216
[email protected]
Rosalinh Unq, Principal Planner (PT)
949-644-3208
[email protected]
Seimone Jurjis, Assistant ACM/CDD Director
949-644-3282
[email protected]
Tonee Thai, Deputy CDD Director & Building Official
949-718-1867
[email protected]
The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled.
The tentative schedule changes without notice.
August 27, 2024
Agenda Item No. 18
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. 1 of 2
Planning Commission Regular Meeting Agenda
August 22, 2024
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
2 of 2