HomeMy WebLinkAbout2.0_Draft Minutes_06-18-2020
1 of 9
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JUNE 18, 2020
REGULAR MEETING – 6:30 P.M.
I. CALL TO ORDER – The meeting was called to order at 6:32 p.m.
II. PLEDGE OF ALLEGIANCE – Secretary Lowrey
III. ROLL CALL
PRESENT: Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis
Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman
ABSENT: Commissioner Mark Rosene
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Yolanda Summerhill, Police Civilian Investigator Wendy Joe, Battalion Chief Nic
Lucas, Senior Engineer Peter Tauscher, Associate Planner Chelsea Crager, Associate Planner Liz Westmoreland,
Administrative Support Specialist Clarivel Rodriguez, Administrative Support Technician Ketshy Palencia
IV. PUBLIC COMMENTS
Jim Mosher hoped the Community Development Director would provide a status report regarding the City's
Housing Element Update.
V. REQUEST FOR CONTINUANCES
Deputy Community Development Director Jim Campbell reported the applicant requests a continuance of Item
No. 3 to July 9, 2020, in order to conduct additional outreach with neighbors.
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JUNE 4, 2020
Recommended Action: Approve and file
Motion made by Vice Chair Weigand and seconded by Commissioner Klaustermeier to approve the minutes
of the June 4, 2020, meeting with the edits suggested by Mr. Mosher.
AYES: Koetting, Weigand, Ellmore, Klaustermeier, and Kleiman
NOES:
ABSTAIN: Lowrey
ABSENT: Rosene
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 BAJA SHARKEEZ REMODEL (PA2017-255)
Site Location: 110 and 114 McFadden Place
Summary:
A conditional use permit and coastal development permit to allow modifications to an existing food service
eating and drinking establishment, Baja Sharkeez, with late hours of operation with a Type 47 (On Sale
General Eating Place) Alcoholic Beverage Control license. The existing and adjacent restaurant space at
110 McFadden (formerly Sol Grill) would be remodeled to serve as a new dining area for the existing Baja
Sharkeez restaurant at 114 McFadden Place. The gross floor area of the buildings will not increase. The
applicant requests a change to the hours of operation to allow breakfast service starting at 9 a.m. The
project includes a continuation of historical parking waivers.
Planning Commission Minutes
June 18, 2020
2 of 9
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 Guidelines, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. PC2020-021 approving Conditional Use Permit No. UP2017-034 and
Coastal Development Permit No. CD2019-054.
Associate Planner Liz Westmoreland reported the application includes a conditional use permit to allow the
operation of a restaurant with late hours and alcohol service; a coastal development permit to allow slight
intensification of the use; and a continuation of historical parking waivers. The site is located in McFadden
Square, where other restaurants operate with alcohol service and late hours. A building with two suites, one
of which houses Baja Sharkeez, and a parking lot with about 10 parking spaces are located on the site. Baja
Sharkeez has chosen to lease the second suite for additional dining room space. The applicant does not
propose any physical changes to the existing Baja Sharkeez space. A door will be added to allow ingress and
egress between the two suites. The applicant proposes to remodel the vacant suite to provide an open-air
environment with a retractable roof and folding windows. Because of the aggregate occupancy, the applicant
is required to implement a sprinkler system. The applicant will upgrade the bathroom to comply with
accessibility requirements and provide an accessible parking space at the rear of the building. Staff from the
Community Development Department, the Building Division, and the Public Works Department have
developed a parking configuration that provides 10 parking spaces.
Associate Planner Westmoreland continued to explain that the existing use permit for Baja Sharkeez is out of
date and was intended for a bar or night club operation rather than a full-service restaurant. Baja Sharkeez is
allowed to operate from 11 a.m. to 2 a.m. daily and to offer live entertainment and dancing. The net public
area is limited during the daytime. Baja Sharkeez operates with a Type 47 Alcoholic Beverage Control (ABC)
license. The use permit for the vacant suite allows the operation of a take-out business from 11 a.m. to 11
p.m. daily with a Type 41 ABC license. Through this application, staff can modernize the conditions of approval
for the use permit and align ABC conditions with the use permit. The Type 47 ABC license will be expanded
to the vacant suite. The applicant proposes to serve breakfast beginning at 9 a.m., and staff has proposed
conditions of approval for the request. Proposed operational changes include breakfast service beginning at
9 a.m., the original Baja Sharkeez's closure at 1:30 a.m., the expanded space closure at 11 p.m., full use of
interior space during the day, and a waiver of one parking space. The applicant is required to continue paying
in-lieu parking fees for the spaces previously waived. Conditions prohibit bottomless mimosas, free refills of
alcoholic beverages, live entertainment and dancing, and require a one-year review, the parking lot to be
cleaned up, and all doors/windows/roof to be closed by 9 p.m. Staff has agreed to the applicant's proposed
changes to the conditions to allow alcohol service between 9 a.m. and 11 a.m. on weekends and certain
holidays listed in a revised condition.
In response to Chair Koetting's questions, Associate Planner Westmoreland advised that staff has agreed to
allow alcohol service during breakfast on certain holidays and to allow minor changes to Conditions of Approval
Nos. 42 and 55. Police Civilian Investigator Wendy Joe added that the Police Department agreed to allowing
morning alcohol service on specific holidays.
In answer to Vice Chair Weigand's inquiries, Associate Planner Westmoreland indicated smoking would be
allowed because the outdoor area has no ceiling or walls when opened, but a condition of approval could be
added to prohibit smoking. ABC will review the application and staff's proposed conditions. Some floor area
has been lost due to the requirement for the entry door to swing into the building. Regardless of the
configuration of tables and chairs, Baja Sharkeez will be required to maintain the occupancy per the use permit
and the operator's license. A condition of approval from the Police Department requires Baja Sharkeez to
maintain a certain percentage of tables and chairs for dining. The Planning Commission may increase the
percentage if it wishes. Police Civilian Investigator Joe added that the condition is part of the ABC license,
and the Police Department utilized the same percentage. The applicant is required to maintain a restaurant
environment during mealtimes because of the Type 47 license. Per ABC, mealtimes end at approximately 9
p.m. The Commission must determine whether Baja Sharkeez should offer a restaurant or club environment
after 9 p.m. Occupancy during the summer months is always a concern for the Police Department. Changing
Planning Commission Minutes
June 18, 2020
3 of 9
the closing time from 2 a.m. to 1:30 a.m. is not a real change. For other bars, the Police Department considers
the closing time for the total environment rather than a portion of the environment.
In reply to Commissioner Kleiman's query, Associate Planner Westmoreland indicated that four bars and 21
restaurants in the McFadden Square area have alcohol privileges. Restaurants with a patio, an opening, and
a rooftop can operate until 9 p.m. and some as late as midnight. Several restaurants in the vicinity of Baja
Sharkeez have similar operating hours, and some can operate until 2 a.m.
In response to Commissioner Ellmore's inquiries, Associate Planner Westmoreland stated the two suites are
located on one legal lot. She was not aware of Baja Sharkeez's lease agreements. Should Baja Sharkeez
release the new space in the future, the Type 47 license will remain with the licensee. A new tenant, other
than Baja Sharkeez, in the vacant suite will need a new use permit. The proposed use permit is specific to
Baja Sharkeez's proposed business model.
Vice Chair Weigand disclosed communications with staff. Remaining Commissioners disclosed no ex parte
communications.
Chair Koetting opened the public hearing.
Greg Newman, applicant representative, described the new space as an extension of the current space but
with a significantly different feel. The purpose of the Sol Room is to increase food sales and consumption and
to provide a higher level of service in a subdued and relaxed atmosphere. The new space is small. Baja
Sharkeez holds a master lease for both suites. After the kitchen closes, about 25 percent of furniture is
removed from the original Baja Sharkeez to prevent customers from bumping into each other. Code
Enforcement checks Baja Sharkeez's occupancy every few weeks.
Ron Newman, applicant representative, believed remodeling the space will help other businesses improve
their operations. Baja Sharkeez's operations will change in response to the health emergency. Furniture
cannot be moved from the new space into the old space because the old space already has furniture.
In reply to Chair Koetting's questions, Ron Newman indicated one kitchen will serve both suites. Remodeling
the restaurant will include improving the parking and trash area. Greg Newman explained that the patio's glass
doors slide closed and lock. One side will contain an emergency exit. The retractable roof is made of a heavy
plastic, operates by remote control, forms a water-tight seal, and provides sound attenuation. There will not
be any live entertainment to increase the noise level. Baja Sharkeez was remodeled about five years earlier,
and the new space is intended to be different from the original space.
In answer to Commissioner Kleiman's query, Greg Newman advised that the new space is intended to be a
restaurant environment and will close at 11 p.m. Baja Sharkeez is not a club. People visit Baja Sharkeez to
dine, enjoy happy hour, and watch sports during the day. After 10 p.m., Baja Sharkeez is a social gathering
space. Ron Newman noted Baja Sharkeez will not be able to offer live entertainment and dancing if the
Planning Commission approves the use permit. The new space will not offer live entertainment or dancing.
The primary benefit of approving the application is alcohol service in the new space. Greg Newman stated
Baja Sharkeez does a tremendous food business and focuses on food first. Alcohol sales are needed for the
business to make a profit.
In response to Secretary Lowrey's inquiry, Greg Newman indicated music is preprogrammed for the hours after
10 p.m. The emphasis is not on dancing but on social gathering. The applicant is willing to forego dancing
and live entertainment in order to create a diverse operation.
In reply to Commissioner Ellmore's questions, Greg Newman explained that Baja Sharkeez is self-service.
Staff provides a menu and directs customers to sit where they choose. Customers order at the counter, and
staff brings the orders to the tables. Customers can help themselves to the chips and salsa bar. Ron Newman
indicated the person working the service bar will likely greet and seat customers in the new space. Wait staff
will take care of customers at their tables. Customers will access the new restaurant through Baja Sharkeez.
Greg Newman added that the new space will close at 11 p.m., and guests will move to Baja Sharkeez or exit
Planning Commission Minutes
June 18, 2020
4 of 9
through Baja Sharkeez. The manager will monitor occupancy in Baja Sharkeez as customers leave the new
space. On Friday and Saturday nights, Baja Sharkeez's occupancy changes rapidly as people enter and exit.
In answer to Vice Chair Weigand's queries, Greg Newman agreed to conditions prohibiting the moving of tables
and chairs from Baja Sharkeez into the new space and prohibiting smoking in the new space. Baja Sharkeez's
ABC license does not allow live entertainment and dancing. The kitchen is open late in order to comply with
Condition of Approval No. 42.
Chair Koetting closed the public hearing.
In reply to Chair Koetting's question, Associate Planner Westmoreland reported the removal of parking spaces
at the front of the building is not within staff's purview when reviewing the application since they are located
offsite on public property. Staff can explore the issue with the Public Works Department. Chair Koetting noted
the difficulty and risk of vehicles backing into traffic.
In answer to Commissioner Kleiman's queries, Associate Planner Westmoreland indicated several restaurants
and bars in the vicinity serve alcohol during hours similar to and earlier than those proposed in the application.
Staff has proposed additional conditions on alcohol service between 9 a.m. and 11 a.m. The Police
Department recommended allowing alcohol service seven days a week. Planning staff proposed further
restrictions and compromised by allowing alcohol service on specific holidays. Commissioner Kleiman
believed alcohol service beginning in the early morning can be problematic on certain holidays.
In response to Vice Chair Weigand's inquiry, Police Civilian Investigator Joe advised that the Police
Department does not have a DUI or alcohol-consumption problem between the hours of 9 a.m. and 11 a.m.
Commissioner Kleiman noted the new business model will not be fully functional over the summer months
such that the Planning Commission's review in a year will not include data for peak times.
Deputy Community Development Director Campbell suggested changing Condition of Approval No. 7 to
indicate the review will occur one year from the date the operation commences. In this way, data from summer
months will be available to the Planning Commission.
In answer to Commissioner Klaustermeier's questions, Associate Planner Westmoreland advised that there
are no existing openings in the new space where customers may smoke. Customers would have to move to
the public area or the rear alley to smoke. Customers are allowed to smoke on the secondary patio at Baja
Sharkeez, unless Baja Sharkeez prohibits it.
Motion made by Vice Chair Weigand and seconded by Chair Koetting to approve the staff recommendation
with the change to Condition of Approval No. 7 and additional conditions of approval prohibiting smoking in the
new space and the moving of furniture from the new space to Baja Sharkeez.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman
NOES:
ABSTAIN:
ABSENT: Rosene
ITEM NO. 3 SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093)
Site Location: 1600 Jamboree Road
Summary:
A general plan amendment and conditional use permit to construct an automated car wash in conjunction
with an existing service station. A general plan amendment is requested to increase the maximum floor
area limit for the site by 1,100 square feet to accommodate the proposed car wash. A conditional use
permit is requested to allow the addition of the proposed car wash. This item was continued from the
November 8, 2018, Planning Commission hearing.
Planning Commission Minutes
June 18, 2020
5 of 9
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15332 under Class 32 (In-Fall Development) of the CEQA Guidelines, because it has no potential to
have a significant impact on the environment; and
3. Adopt Resolution No. PC2020-023 approving Coastal Development Permit No. CD2019-039 and
Site Development Review No. SD2019-002.
Deputy Community Development Director Campbell requested the Planning Commission continue the item to July
9, 2020, at the request of the applicant.
Commissioners Kleiman, Klaustermeier, Ellmore, and Lowrey and Chair Koetting disclosed no ex parte
communications. Vice Chair Weigand disclosed communications with the applicant, residents of Big Canyon, and
members of the Big Canyon home owners association.
Chair Koetting opened the public hearing. After seeing no one wishing to comment, Chair Koetting closed the
public hearing.
Motion made by Secretary Lowrey and seconded by Commissioner Kleiman to continue the public hearing to
July 9, 2020.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman
NOES:
ABSTAIN:
ABSENT: Rosene
ITEM NO. 4. FIRE STATION NO. 2 (PA2019-098)
Site Location: 2807 Newport Boulevard
Summary:
Site development review and coastal development permit to allow the construction of a new, replacement
fire station, including accessory structures and paved parking. The project includes a waiver of the
minimum amount of parking lot landscaping and an increase in height of the building up to a height of 32
feet for flat roofs and 34 feet 10 inches for sloped roofs. The project will consist of a two-story, 7,084-
square-foot fire station building, including a 4,316-square-foot apparatus bay, a separate 147-square-foot
public restroom building, and 10 surface parking spaces behind security gates. Associated with the project
is the restriping of existing public parking spaces along 28th Street. The proposed project will replace Fire
Station No. 2 currently operating at 475 32nd Street.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15332 under Class 32 (In-Fall Development) of the CEQA Guidelines, because it has no potential to
have a significant impact on the environment; and
3. Adopt Resolution No. PC2020-023 approving Coastal Development Permit No. CD2019-039 and
Site Development Review No. SD2019-002.
Associate Planner Chelsea Crager reported the application pertains to the replacement of Fire Station No. 2
located on the Balboa Peninsula. The application includes requests for a height increase, which is the reason the
matter is before the Planning Commission, and a coastal development permit. The site is surrounded by
restaurants, a dry cleaner, residences, and a public parking lot. Fire Station No. 2 was built in 1953 at 475 32nd
Street and rehabilitated in 1980. In 2017, the City Council approved funding to replace the station, and the City
purchased the subject property at 2807 Newport Boulevard in 2018. In October 2019, the City Council selected
the conceptual design for the fire station. The proposed fire station will have two stories and contain slightly more
than 7,000 square feet. The apparatus bays will contain about 7,300 square feet, and 10 secured parking spaces
are located on the site. A detached public restroom building will also be located on the site. The project includes
a traffic signal and restriping of on-street parking for a net gain of two parking spaces. Access to the apparatus
Planning Commission Minutes
June 18, 2020
6 of 9
bays will be from 28th Street, and the parking lot will have access to both northbound and southbound Newport
Boulevard.
Associate Planner Crager went on to indicate the property is located in a Commercial Visitor-Serving (CV) Zoning
District, which has height limits of 26 feet for flat roofs and 31 feet for sloped roofs. The applicant requests a height
of 32 feet for a flat roof and a maximum height of 34 feet 10 inches for sloped-roof portions. The Site Development
Review process allows a request for a maximum height of 40 feet for sloped roofs. The project provides high-
quality design, varied roof planes, metal awnings, and other features. The application also requests a deviation
from landscaping standards. Parking areas adjacent to public streets are required to have 5-foot perimeter
landscaping to separate the parking area from the street. The Community Development Director may waive this
standard. Because this is a secure facility and large vehicles will be maneuvering on the site, the applicant
proposes to provide a total of 1,820 square feet of landscaping but cannot accommodate the perimeter
landscaping. The project does not negatively impact public access but provides two additional street parking
spaces and a public restroom. No designated coastal views or coastal view roads are immediately adjacent to the
site. The California Environmental Quality Act (CEQA) Class 32 exemption determination was redlined to include
the traffic signal. The traffic signal was not originally included in the project description, but staff analyzed it and
found the addition of the traffic signal does not change the outcome of the environmental determination.
In response to Chair Koetting's questions, Senior Engineer Peter Tauscher advised that the restroom building will
be maintained by Public Works maintenance staff. Restroom doors will typically be unlocked for public use.
In reply to Commissioner Kleiman's inquiry, Senior Engineer Tauscher indicated public restrooms at the beaches
are open 24/7. The doors to the public restroom building will have timed locks that can be programmed to lock at
specific times if desired.
Secretary Lowrey noted the public restroom building will be similar to the one at the fire station on Balboa Island.
The ones on Balboa Island have worked well over the years.
In answer to Vice Chair Weigand's queries, Associate Planner Crager explained that the City Council approved
the project budget, which included the traffic signal. Senior Engineer Tauscher indicated staff will synchronize the
timing of the traffic signal with other signals. Fire personnel can press a button that will cause the traffic signal to
stop traffic and allow fire apparatus to exit the site. The traffic signal will have red, yellow and green lights. The
traffic signal will increase pedestrian safety. The Traffic Division prefers a red/yellow/green signal in order to
maintain this signal and the one at the next intersection. Deputy Community Development Director Campbell
added that City Traffic Engineer Tony Brine has evaluated the traffic signal as part of the overall review of the
project and did not have any concerns that it would negatively impact traffic circulation.
Chair Koetting and Vice Chair Weigand disclosed communications with staff. Commissioners Kleiman,
Klaustermeier, Ellmore, and Lowrey disclosed no ex parte communications.
Chair Koetting opened the public hearing.
Jim Mosher did not find the architecture facing the parking lot attractive. The parcel is zoned CV, but the fire station
is neither a commercial use nor primarily intended to serve visitors. The 2017 Director's Determination indicating
the fire station is consistent with the CV land use category and CV zone is clearly erroneous. The fire station
belongs in a Public Facilities (PF) Zoning District. The City Council should rezone the parcel to PF.
Deputy Community Development Director Campbell reported the Director's Determination was prepared by the
Director and staff, and the City Council reviewed the Determination. Staff and the City Council believe the project
is consistent with the General Plan.
In response to Vice Chair Weigand's inquiry, Deputy Community Development Director Campbell advised that the
existing Fire Station No. 2 will remain in operation through construction of the new fire station. The City Council
will decide the use of the existing site at a later time.
In answer to Commissioner Kleiman's inquiries, Battalion Chief Nic Lucas indicated the medic unit at Fire Station
No. 2 responds to just over 3,000 calls per year or 10 calls per day. The truck at Fire Station No. 2 responds to
Planning Commission Minutes
June 18, 2020
7 of 9
about 1,400 calls per year with the engine responding to about 2,700 calls per year. Fire Station No. 2 serves
residents and visitors. Bars, beaches, and assisted living facilities are near Fire Station No. 2. Fire Station No. 2
is one of the busiest stations in the City. Most calls occur during the day. On average, two to three calls occur
after 10 p.m.
In reply to Chair Koetting's query, Battalion Chief Lucas related that the big rig or truck responds to 1,400 to 1,500
calls per year.
In response to Vice Chair Weigand's questions, Battalion Chief Lucas stated the existing station's service area is
bounded by 15th Street. The truck at the new fire station will respond to calls from the west side of the City. The
engine responds to calls from 15th Street to Industrial, up to 17th Street and in the Dover neighborhood south of
Pacific Coast Highway. The Council reviewed response times for the new location of Fire Station No. 2 and they
meet applicable standards. The new location is approximately 0.3 miles from the existing location.
In answer to Commissioner Klaustermeier's inquiry, Battalion Chief Lucas indicated sirens are employed when
necessary. After hours, sirens are not typically employed. Standard operating procedures have most responses
listed as Code 2 responses, meaning lights and sirens are not employed. A Code 3 response means the situation
is acute. Fire personnel are required to test sirens daily, and tests typically occur around 9 a.m. Deputy Community
Development Director Campbell added that the Municipal Code exempts activities conducted on public property
from the Noise Ordinance. Condition of Approval No. 21 should be deleted.
Chair Koetting closed the public hearing.
Motion made by Commissioner Kleiman and seconded by Commissioner Ellmore to approve the staff
recommendation with the deletion of Condition of Approval No. 21.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman
NOES:
ABSTAIN:
ABSENT: Rosene
In answer to Chair Koetting's question, Senior Engineer Tauscher reported that plans would be resubmitted to the
Community Development Department in July 2020. The City Council is anticipated to award a construction contract
in Fall 2020, construction is expected to begin in Winter 2020/21, and construction is expected to be complete in
the Spring 2022.
ITEM NO. 5. ZONING CODE AND LCP AMENDMENTS RELATED TO CORRECTIONS, CLARIFICATIONS
AND INCONSISTENCIES (PA2019-055)
Site Location: Citywide
Summary:
Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan)
to provide code clarification and corrections, and to resolve inconsistencies between the Zoning Code and
the Local Coastal Program Implementation Plan. The amendments relate to minimum lot size and
dimensions, overlay zoning districts, and public hearing notification requirements.
Recommended Action:
1. Conduct a public hearing;
2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378.
The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because
it has no potential to a have a significant effect on the environment;
3. Adopt Resolution No. PC2020-024 recommending the City Council approve Code Amendment
No. CA2019-001; and
4. Adopt Resolution No. PC2020-025 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-001 to the California Coastal Commission.
Planning Commission Minutes
June 18, 2020
8 of 9
Deputy Community Development Director Campbell reported staff considers the amendments routine clean up
items. Staff proposes to change the minimum lot size exception in the Local Coastal Program (LCP) so that it is
consistent with the Zoning Code; to clarify overlay districts that they may also be less restrictive than the base
zones; to clarify noticing requirements when a large number of properties are affected; and to clarify procedural
requirements for processing Zoning Code amendments. Staff will take Mr. Mosher's comments under advisement.
Chair Koetting disclosed communications with staff. Remaining Commissioners disclosed no ex parte
communications.
Chair Koetting opened the public hearing.
Jim Mosher questioned the policy of applying the subdivision note on packet page 39 to residential properties only.
Footnote 6 is misplaced, and perhaps the reference to Title 19 should refer to Section 21.30.25. The reference to
an amendment to the General Plan should probably refer to an amendment to the Coastal Land Use Plan. The
language about not resulting in additional dwelling units is not clear.
Deputy Community Development Director Campbell explained that the footnote is a copy of text from the Zoning
Code. If a lot was subdivided and allows a single-family home, it could return to the underlying lot configuration.
The reference to a General Plan amendment is purposeful because a General Plan amendment is needed to allow
subdivisions that increase intensity within a statistical area. The proposed language was inadvertently omitted
from the LCP.
Chair Koetting closed the public hearing.
Motion made by Secretary Lowrey and seconded by Commissioner Ellmore to approve the staff
recommendation.
AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman
NOES:
ABSTAIN:
ABSENT: Rosene
Chair Koetting congratulated Commissioners Weigand and Ellmore upon their recent reappointment to the
Planning Commission by the City Council.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
None
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.
Deputy Community Development Director Campbell reported on June 23, 2020, the City Council will consider the
legal nonconforming sign abatement amendment. The Housing Element Update Advisory Committee is
scheduled to meet in-person on July 1st. The City has executed a contract with a consultant for the Housing
Element Update, and kickoff meetings have been held. Staff hopes to have a full and complete project description
for the Housing Element Update by October. The July 9th Planning Commission agenda includes the election of
officers. Principal Planner Gregg Ramirez will retire from the City on June 19th.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
None
X. ADJOURNMENT – 8:20 p.m.
Planning Commission Minutes
June 18, 2020
9 of 9
The agenda for the June 18, 2020, Planning Commission meeting was posted on Friday, June 12, 2020,
at 4:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the
Council Chambers at 100 Civic Center Drive, and on the City’s website on Friday, June 12, 2020, at 3:55
p.m.
_______________________________
Chairman
_______________________________
Secretary
July 9, 2020, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. MINUTES OF JUNE 18, 2020
The passages in italics are from the draft minutes. Corrections are suggested in strikeout
underline format.
Page 4, paragraph before motion: “In answer to Commissioner Klaustermeier's questions,
Associate Planner Westmoreland advised that there are no existing openings is no patio in
the new space where customers may smoke .” [Commissioner Klaustermeier's question was
whether there was a patio for smoking. Although the answer referred to an absence of
“openings,” I think it was meant as a “no”: that is, that there were no direct “openings to an
outdoor patio.”]
Page 4, motion: “Motion made by Vice Chair Weigand and seconded by Chair Koetting to
approve the staff recommendation with the change to Condition of Approval No. 7 and
additional conditions of approval prohibiting smoking and storing chairs and tables from Baja
Sharkeez in the new space and the moving of furniture from the new space to Baja
Sharkeez.” [The draft minutes misstate the final part of the motion. See video at 1:00.]
Pages 5 and 6, sentence spanning pages: “Access to the The apparatus bays will be from
open onto 28th Street, and the parking lot will have access to both northbound and southbound
Newport Boulevard.” [See video at 1:09. The primary reason for relocating the station was to
allow access to the apparatus bays from more than one direction, so fire engines can drive
through rather than having to back in as at the present location. The bays have access from
both 28th Street and the parking lot. The engines depart onto 28th Street and return via the
parking lot.]
Page 6, paragraph 3 from end: “Deputy Community Development Director Campbell reported
the Director's Determination was prepared by the Director and staff, and the City Coun cil
reviewed the Determination .”
[This is indeed what was said, but I can find no evidence that the City Council reviewed (and
impliedly “approved”) the Director's Determination that a fire station was an allowable use on a
CV zoned parcel, unless that discussion (improperly) took place in closed session out of public
view.
To the contrary, public discussion of the purchase occurred as Item 26 at the Council’s
September 12, 2017, meeting, and the staff report (page 5) incorrectly assured the Council and
public as to “Entitlements, Design, and Construction ” that “The McDonald’s property is located
in the Visitor-Serving Commercial (CV) Zoning District and the Coastal Zone. Fire stations are
a permitted use within this zoning district.” The Director's Determination, evidently required
to quietly correct the misstatement, was not issued until a month later, on October 13.1 And it
1 The Determination opens by saying “The City is performing due diligence related to the purchase and
potential development of a new fire station at 2708 [sic] Newport Boulevard.”
Planning Commission - July 9, 2020
Item No. 2a Additional Materials Received
Draft Minutes of June 18, 2020
July 9, 2020, PC agenda Item 2 comments - Jim Mosher Page 2 of 2
was clearly a determination the Director could not make, since per NBMC Sections
20.12.020.E.1.d and 21.12.020.E.1.d, one of the required findings to add an unlisted use to a
district is to determine that use is not listed in any other district. Because municipal fire stations
are an allowed use in the PF district (and some others), they cannot be added to CV without an
amendment to the Zoning Code.
I continue to believe the neighbors of 2807 Newport Boulevard, in assuming the City is obligated
to enforce the zoning proclaimed by Council ordinance, are justified in complaining about a fire
station being allowed on a CV parcel without the City having gone through the formal public
process of rezoning that parcel to PF.]
Page 7, end of first (partial) paragraph: “On average, two to three calls occur after between 10
p.m. and 6:00 a.m.” [Mr.Lucas indicated that was the quiet time, with calls increasing after 6:00
a.m.]
Page 7, paragraph 2: “In reply to Chair Koetting's query, Battalion Chief Lucas related that the
big rig (or truck) responds to 1,400 to 1,500 calls per year.” [“Big rig” is evidently the same
vehicle as the “truck” referred to in the preceding and following paragraphs, and is evidently
different from an “engine.” I assume “big rig”/”truck” is the term used to describe what many call
a “hook and ladder” but I’m not sure.]
Page 7, last paragraph before Item No. 5: “The City Council is anticipated to award a
construction contract in Fall 2020, construction is expected to begin in Winter 2020/21, and
construction is expected to be complete in the Spring 2022.”
Planning Commission - July 9, 2020
Item No. 2a Additional Materials Received
Draft Minutes of June 18, 2020