Planning Commission

CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 100 Civic Center Drive Thursday, August 3, 2023 - 6:00 PM Planning Commission Members: Curtis Ellmore, Chair Mark Rosene, Vice Chair Tristan Harris, Secretary Brady Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, Commissioner David Salene, Commissioner Staff Members: Seimone Jurjis, Assistant City Manager / Community Development Director Jim Campbell, Deputy Community Development Director Brad Sommers, 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. Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a license, permit, or other entitlement for use is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. Please Note: You can submit your questions and comments in writing for the Planning Commission to consider by mailing or delivering them to the City of Newport Beach Planning Commission at 100 Civic Center Drive, Newport Beach CA, 92660. Alternatively, you can send them by electronic mail directly to Commissioners at planningcommissioners@newportbeachca.gov. Each Commissioner and staff will receive your message directly. Pursuant to Planning Commission procedures, please submit your written comments no later than 5:00 p.m. on Wednesday the day before the meeting in order to give Commissioners adequate time to review your submission. 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 Clarivel Rodriguez in the Community Development Department prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3232 or crodriguez@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 August 3, 2023 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 JULY 6, 2023 Recommended Action: Approve and file Draft Minutes of July 6, 2023 1a_Additional Materials Received_Mosher_Draft Minutes of July 6, 2023 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. STAG BAR OCCUPANT LOAD INCREASE AND OPERATIONAL CHANGES (PA2022-0249) Site Location: 121 Mc Fadden Place Summary: The applicant requests a conditional use permit to increase the allowed occupant load of the existing Stag Bar from 260 persons to a maximum of 290 persons, which requires a waiver of 8 required parking spaces as there is no on-site parking. Additionally, the applicant requests to allow live entertainment and dancing from 11 a.m. to 2 a.m., daily. The current hours of operation from 6 a.m. to 2 a.m., daily, are not proposed to be modified. The establishment currently operates with Conditional Use Permit No. UP2018-013, which would be superseded if this application is approved. Since the property is located in the coastal zone, a coastal development permit is also requested. Recommended Action: 1. Conduct a public hearing;  Planning Commission Meeting August 3, 2023 Page 3 2. If the Planning Commission wishes to approve the project, then first 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 effect on the environment, and adopt Resolution No. PC2023-028 approving a conditional use permit and coastal development permit (Attachment No. PC 1); or 3. If the Planning Commission wishes to deny the project, then first find the denial of the project statutorily exempt from CEQA pursuant to Section 15270 and adopt Resolution No. PC2023-028 disapproving a conditional use permit and coastal development permit (Attachment No. PC 2). Staff Report Attachment No. PC1- Draft Resolution for Approval Attachment No. PC2- Draft Resolution for Denial Attachment No. PC3- Parking Memorandum Attachment No. PC4- Newport Beach Police Department Memorandum Attachment No. PC5- Conditional Use Permit No. UP2018-013 Attachment No. PC6- Project Description Attachment No. PC7- Project Plans 2a_Additonal Materials Received_Various_PA2022-0249 2b_Additonal Materials Received_Various_PA2022-0249 2c_Additonal Materials Received_Various_PA2022-0249 3. THE HOUSE ANNUAL REVIEW (PA2011-005) Site Location: 2601 West Coast Highway Summary: An annual review of The House restaurant for compliance with Conditional Use Permit No. UP2011-001, originally approved by the Planning Commission on June 9, 2011. UP2011-001 authorized a restaurant with late hours, live entertainment, alcohol sales, outdoor dining, a parking management plan, and adjustment to off-street parking requirements. 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) and Section 15321 under Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 3. Review the current operation, The House, for its compliance with UP2011- 001;  Planning Commission Meeting August 3, 2023 Page 4 4. Find the operator’s use of a floating outdoor dining vessel to be in violation of UP2011-001 5. Direct the operator immediately cease and desist use of the floating outdoor patio vessel, and remove it within 30 days or file the necessary application to amend the use permit within 30 days requesting retention of the vessel; and 6. Direct staff to remove Condition No. 2 from Planning Commission Resolution No. 1844 related to annual reviews of the Use Permit No 2011-001 and perform reviews on an as-needed basis. Staff Report Attachment No. PC 1- Use Permit No. UP2011-001 Attachment No. PC 2- Correspondence from December 21, 2022 Attachment No. PC 3- Approved Plans Attachment No. PC 4- Approved Tenant Improvement Plans Attachment No. PC 5- Notice of Violation from Department of ABC 3a_Additonal Materials Received_Matsler_PA2011-005 4. HOUSING ELEMENT IMPLEMENTATION - NOISE-RELATED AMENDMENTS (PA2022-0201) Site Location: Various sites in the Newport Beach Airport Area Summary: Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) (the Amendments) for the following: · Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617); · Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and · Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed  Planning Commission Meeting August 3, 2023 Page 5 necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. Recommended Action: 1. Conduct a public hearing; 2. Find the proposed amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 because the amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617); and 3. Adopt Resolution No. PC2023-015 recommending approval of the Housing Element Implementation, Noise-Related Amendments to the City Council (PA2022-0201) (Attachment No. PC 1). Staff Report Attachment No. PC 1- Draft Resolution 4a_Additonal Materials Received_PA2022-0201 4b_Additonal Materials Received_Various_PA2022-0201 4c_Additonal Materials Received_Various_PA2022-0201 VIII. DISCUSSION ITEMS 5. MUNICIPAL CODE REVIEW TO REDUCE OR SUNSET PROVISIONS (PA2022-0219) Site Location: Not Applicable Summary: A review of potential planning-related Municipal Code and City Council Policy amendments for inclusion in a recommendation to the City Council. Recommended Action: 1. Find the recommended action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 2. Recommend the City Council review the potential amendments to the Municipal Code identified in Attachment PC-1.  Planning Commission Meeting August 3, 2023 Page 6 Staff Report Attachment No. PC 1- Recommended Code Changes 5a_Additional Materials Received_Mosher_PA2022-0219 IX. STAFF AND COMMISSIONER ITEMS 6. MOTION FOR RECONSIDERATION 7. REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA 7.0_PC Agenda 8. REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT