PLANNING COMMISSION

CITY OF COSTA MESA PLANNING COMMISSION Agenda Monday, December 11, 2023 6:00 PM City Council Chambers 77 Fair Drive The Commission meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system outages or experiencing other critical issues, the meeting will continue in person. TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements. Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios. Members of the public can view the Commission meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv. Page 1 of 9 PLANNING COMMISSION Agenda December 11, 2023 Zoom Webinar: Please click the link below to join the webinar: https://zoom.us/j/96060379921?pwd=N2lvbzhJM2hWU3puZkk1T3VYTXhoQT09 Or sign into Zoom.com and “Join a Meeting” Enter Webinar ID: 960 6037 9921 / Password: 595958 • If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically. • Select “Join Audio via Computer.” • The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins. • During the Public Comment Period, use the “raise hand” feature located in the participants ’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed. Participate via telephone: Call: 1 669 900 6833 Enter Webinar ID: 960 6037 9921 / Password: : 595958 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed. 4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the PCPublicComments@costamesaca.gov. Comments received by 12:00 p.m. on the date of the meeting will be provided to the Commission, made available to the public, and will be part of the meeting record. 5. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or cityclerk@costamesaca.gov and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website. Page 2 of 9 PLANNING COMMISSION Agenda December 11, 2023 Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments. Please e-mail to PCPublicComments@costamesaca.gov NO LATER THAN 12:00 Noon on the date of the meeting. Note regarding agenda-related documents provided to a majority of the Commission after distribution of the agenda packet (GC §54957.5): Any related documents provided to a majority of the Commission after distribution of the Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626. All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation. Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953. As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability. A minimum number of hard copies of the agenda will be available in the Council Chambers. For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR 35.102.35.104 ADA Title II]. Page 3 of 9 PLANNING COMMISSION Agenda December 11, 2023 PLANNING COMMISSION REGULAR MEETING DECEMBER 11, 2023 – 6:00 P.M. ADAM ERETH Chair RUSSELL TOLER JOHNNY ROJAS Vice Chair Planning Commissioner ANGELY ANDRADE VALLARTA Karen Klepack Planning Commissioner Planning Commissioner JON ZICH JENNIFER LE Planning Commissioner Director of Economic and Development Services JIMMY VIVAR TARQUIN PREZIOSI Planning Commissioner Assistant City Attorney CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS AND PRESENTATIONS: NONE. PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA Comments are limited to three (3) minutes, or as otherwise directed. COMMISSIONER COMMENTS AND SUGGESTIONS CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the Planning Commission, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion. The public can make this request via email at PCPublicComments@costamesaca.gov and should include the item number to be addressed. Items removed from the Consent Calendar will be discussed and voted upon immediately following Planning Commission action on the remainder of the Consent Calendar Page 4 of 9 PLANNING COMMISSION Agenda December 11, 2023 1. NOVEMBER 27, 2023 UNOFFICIAL MEETING MINUTES 23-1482 RECOMMENDATION: Planning Commission approve the regular meeting minutes for the November 27, 2023 Planning Commission meeting. Attachments: November 27, 2023 Unofficial Meeting Minutes PUBLIC HEARINGS: 1. AN ORDINANCE AMENDING TITLE 13 (PLANNING, ZONING AND23-1486 DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH AFFORDABLE HOUSING REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT PROJECTS RECOMMENDATION: Staff recommends the Planning Commission adopt a Resolution to: 1. Find that the adoption of Ordinance No. 2023-XX is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), General Rule in that the affordable housing ordinance will not have a significant impact on the environment; and 2. Recommend that the City Council give first reading to Ordinance No. 2023 -XX modifying Title 13 (Planning, Zoning, and Development) of the Costa Mesa Municipal Code (CMMC) to establish affordable housing requirements for new residential developments. Attachments: Agenda Report 1. Draft Planning Commission Resolution 2. Draft Ordinance 2. Exhibit A to Draft Ordinance 3. Corridor Areas Map 4. Rent Comparison for State vs. City Page 5 of 9 PLANNING COMMISSION Agenda December 11, 2023 2. POTENTIAL ORDINANCE TO AMEND TITLE 13 (PLANNING, ZONING23-1483 AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE AND REQUISITE MODIFICATIONS REQUIRED IN TITLE 9 (BUSINESS LICENSES) FOR MODIFICATIONS TO THE CITY’S RETAIL CANNABIS PROVISIONS RECOMMENDATION: Staff recommends the Planning Commission: 1. Receive the staff presentation, take public comments, and provide direction to staff regarding the remaining topics/issues identified by the City Council for potential modifications to the City’s retail cannabis storefront program, which would potentially amend Costa Mesa Municipal Code (CMMC) Title 9 (Chapter VI - Cannabis Business Permits) and Title 13 (Chapter IX, Article 21 - Location of Cannabis Distributing, Manufacturing, Research and Development, Testing Laboratories, Retail Storefronts and Retail Nonstorefront Uses); and 2. Continue the item to a date certain for staff to return with a Draft Ordinance for recommendation to the City Council. Attachments: Agenda Report Page 6 of 9 PLANNING COMMISSION Agenda December 11, 2023 3. MINOR CONDITIONAL USE PERMIT APPLICATION ZA-22-11 FOR A23-1484 DRIVE-THROUGH OPERATION AND A REDUCTION OF REQUIRED PARKING; DEVELOPMENT REVIEW (PDVR-23-0003) TO ALLOW THE DEMOLITION OF AN EXISTING 25,159-SQUARE-FOOT COMMERCIAL BUILDING AND TO CONSTRUCT A NEW 2,913-SQUARE-FOOT RAISING CANES RESTAURANT WITH 1,303-SQUARE-FEET OF COVERED OUTDOOR PATIO AREA; MINOR MODIFICATION PMND-23-0003 TO ALLOW FOR A DECREASE OF 20% IN REQUIRED FRONT YARD/LANDSCAPE SETBACK; FOR A PROPERTY LOCATED AT 1595 OLD NEWPORT BOULEVARD RECOMMENDATION: Staff recommends the Planning Commission adopt a Resolution to: 1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303 (Class 3), New Construction and Conversion of Small Structures and Section 15332 (Class 32 In-fill Development Projects); and 2. Approve ZA-22-011, PDVR-23-0003, and PMND-23-0003 subject to conditions of approval. Attachments: Agenda Report 1. Draft Planning Commission Resolution 2. Applicant Letter 3. Vicinity Map 4. Zoning Map 5. Site Photos 6. Air Quality Memorandum 7. Noise Memorandum 8. Traffic Study 9. Project Plans 10. Public Comments Page 7 of 9 PLANNING COMMISSION Agenda December 11, 2023 4. PLANNING APPLICATION 22-22 FOR A CONDITIONAL USE PERMIT23-1485 TO OPERATE A RETAIL CANNABIS STOREFRONT BUSINESS WITH DELIVERY LOCATED AT 1858 NEWPORT BOULEVARD (“EVOLV HERBAL”) RECOMMENDATION: Staff recommends the Planning Commission adopt a Resolution to: 1. Find 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. Approve Planning Application 22-22, subject to conditions of approval. Attachments: Agenda Report 1. Draft Planning Commission Resolution 2. Applicant Letter 3. Vicinity Map 4. Zoning Map 5. Site Photos 6. Project Plans 7. Public Comments OLD BUSINESS: NONE. NEW BUSINESS: NONE. DEPARTMENT REPORTS: 1. PUBLIC WORKS REPORT 2. DEVELOPMENT SERVICES REPORT CITY ATTORNEY REPORTS: 1. CITY ATTORNEY ADJOURNMENT Page 8 of 9 PLANNING COMMISSION Agenda December 11, 2023 PLANNING COMMISSION MEETING: Costa Mesa Planning Commission meets on the second and fourth Monday of each month at 6:00 p.m. APPEAL PROCEDURE: Unless otherwise indicated, the decision of the Planning Commission is final at 5:00 p.m., seven (7) days following the action, unless an affected party files an appeal to the City Council, or a member of City Council requests a review. Applications for appeals are available through the City Clerk’s Office; please call (714) 754-5225 for additional information. CONTACT CITY STAFF: 77 Fair Drive, Costa Mesa, CA 92626 Planning Division (714) 754-5245 planninginfo@costamesaca.gov Page 9 of 9