Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA City Council Chambers - 100 Civic Center Drive Thursday, November 18, 2021 - 6:30 PM Planning Commission Members: Lee Lowrey, Chair Lauren Kleiman, Vice Chair Curtis Ellmore, Secretary Sarah Klaustermeier, Commissioner Peter Koetting, Commissioner Mark Rosene, Commissioner Erik Weigand, Commissioner Staff Members: Seimone Jurjis, Community Development Director Jim Campbell, Deputy Community Development Director Tony Brine, City Traffic Engineer Yolanda Summerhill, Assistant City Attorney 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. Please Note: All mail or written communications (including email) from the public, residents, or applicants regarding an agenda item must be submitted by 5 p.m. on the business day immediately prior to the meeting. This allows time for the Planning Commission to adequately consider the submitted correspondence. 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 Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or lbrown@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.  Planning Commission Meeting November 18, 2021 Page 2 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. 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. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS 1. MINUTES OF OCTOBER 7, 2021 Recommended Action: Approve and file Draft Minutes of October 7, 2021 1a_Additional Materials Received_Mosher_Draft Minutes of 10-07-2021 VII. PUBLIC HEARING ITEM(S) 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 2. PACIFICA CHRISTIAN HIGH SCHOOL USE PERMIT (PA2021-221) Site Location: 1499 Monrovia Avenue and 883 West 15th Street Summary: An amendment to a conditional use permit for Pacifica High School to increase enrollment by 120 students, from 185 to 305, and an increase in staff/administration from 18 to 35 employees. The additional students and staff will be accommodated by utilizing both 1499 Monrovia Avenue and 883 West 15th Street locations as classroom sites. Further, 35 parking spaces located at Coastline college would be provided to the expanded school. The total combined parking at all locations would be 137 spaces. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA  Planning Commission Meeting November 18, 2021 Page 3 Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-030 approving Conditional Use Permit No. UP2021-037. ITEM NO. 2 STAFF REPORT 2a_Additional Materials Received_Yeoh_PA2021-221 3. WILD TACO RESTAURANT (PA2021-106) Site Location: 407 31st Street Summary: A request to amend and supersede an existing use permit that allows a restaurant with a Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage Control (ABC) license. Approval of the new Use Permit would allow the restaurant to upgrade its ABC license to a Type 47 (On-Sale General - Eating Place) and expand the hours of operation from 11 a.m. to 9 p.m., daily, to a maximum of 10 a.m. to 10 p.m., daily. There are no late hours (after 11 p.m.) proposed and no physical alterations proposed as part of this project. If approved, this Minor Use Permit would supersede Use Permit No. UP2008-056 and subsequent amendments. Recommended Action: 1. Conduct a public hearing; 2. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has not potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2021-031 approving Minor Use Permit No. UP2021- 019, which upon approval and implementation would supersede Use Permit No . UP2008-056 and subsequent amendments. ITEM NO. 3 STAFF REPORT 3a_Additional Materials Received_Flinn_PA2021-106 3b_Additional Materials Received_Various_PA2021-106 3c_Additional Materials Received_Various_PA2021-106 4. ORANGE COAST WINERY USE PERMIT (PA2020-082) Site Location: 869, 871, and 873 West 16th Street Summary: A conditional use permit to establish a wine tasting room, Orange Coast Winery, with 1,280 square feet of net public area, including a Type 2 (Winery) Alcoholic Beverage  Planning Commission Meeting November 18, 2021 Page 4 Control (ABC) license. Proposed hours of operation are 5:00 p.m. to 9:00 p.m. Monday through Friday and 12:00 p.m. to 9:00 p.m. Saturday and Sunday. There is no live entertainment or dancing proposed. If approved, this Conditional Use Permit would supersede Use Permit UP2010-013. 1. Conduct a public hearing; 2. Find this project 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 impact on the environment; and 3. Adopt Resolution No. PC2021-032 approving Conditional Use Permit No. UP2020-038. ITEM NO. 4 STAFF REPORT 4a_Additional Materials Received_Various_PA2020-082 4b_Additional Materials Received_Various_PA2020-082 4c_Additional Materials Received_Various_PA2020-082 IX. STAFF AND COMMISSIONER ITEMS 5. MOTION FOR RECONSIDERATION 6. REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. 6.0_PC AGENDA 7. REQUEST FOR EXCUSED ABSENCES X. ADJOURNMENT