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Home My WebLink About1.0_Draft Minutes_09-07-2023 Page 1 of 4 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 7, 2023 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER – 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Salene III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, and Commissioner David Salene EXCUSED: Commissioner Jonathan Langford and Commissioner Lee Lowrey Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez IV. PUBLIC COMMENTS Jim Mosher suggested an area designation change in the code amendment to reflect current uses in the Newport Village Planned Community. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Campbell announced that Item No. 3 - Tracy Setback Amendment (PA2023-0089) has been removed from the agenda at the request of the applicant. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF AUGUST 17, 2023 Recommended Action: Approve and file Motion made by Secretary Harris and seconded by Commissioner Salene to approve the minutes of the August 17, 2023, meeting with Mr. Mosher’s edits. AYES: Ellmore, Harris, Salene, and Rosene NOES: ABSTAIN: Barto ABSENT: Langford and Lowrey VII. PUBLIC HEARING ITEMS ITEM NO. 2 THE HOUSE CONDITIONAL USE PERMIT (PA2023-0143) Site Location: 2601 West Coast Highway Summary: An amendment to a conditional use permit to remove the condition of approval that limits the use of boat slips at all times for exclusive use by patrons for an existing eating and drinking establishment (restaurant) with late hours, live entertainment, alcohol sales, outdoor dining, and delivery. The current restaurant operator, The House Restaurant, will continue to comply with a previously approved parking management plan which addressed off-site parking, valet, and an adjustment to the off-street parking requirements, and Planning Commission Regular Meeting Minutes September 7, 2023 Page 2 of 4 includes other related conditions. This item was continued from the August 3, 2023, Planning Commission meeting. Recommended Actions: 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) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-032 approving a Conditional Use Permit. Senior Planner Lee utilized a presentation to review the project location, image of the restaurant, background, Use Permit No. 2011-001 parking considerations, violations of conditions of approval, the requested amendment, proposed operation, changes in parking demand, continuation of the parking management plan, and alcohol service. Senior Planner Lee discussed the conditional use permit findings, the proposed conditions of approval, removal of the requirement for an annual review, and staff’s recommendation with revisions to remove duplicate conditions and grammatical errors in the draft resolution. In response to Commissioner Salene’s inquiry, Deputy Community Development Director Campbell indicated that a yearly review is rare and is usually removed after operational characteristics have been resolved. In response to Secretary Harris’ question, Senior Planner Lee noted that no other complaints have been received since the original noise and Americans with Disabilities Act (ADA) complaints. The Alcoholic Beverage Control also gave a previous notice of violation to the restaurant. In response to Vice Chair Rosene’s question, Senior Planner Lee indicated that he did not know the source of the noise complaint. Commissioners Barto, Salene, Vice Chair Rosene, and Secretary Harris disclosed ex parte communications with the owner. Chair Ellmore had no ex parte communications. Chair Ellmore opened the public hearing. Keith Jarrett, owner, thanked staff, supported staff recommendations, provided background, noted areas of community involvement, and expressed an interest in creating great times for members and guests. He agreed to the recommended conditions of approval. In response to Vice Chair Rosene’s questions, Mr. Jared noted that the boat slip area was never designed to be part of the club or operation, the challenges with providing service to that area, and the opportunity for guests to use their boat separate from the restaurant. Ronald Reyes, member of The House, expressed thanks for the social opportunities provided by The House and thought it is a benefit to the community. Kim Dumbar, member of The House, noted social and professional networking opportunities as a member. Steve Fry, member of The House, expressed support for The House. Rod Montgomery, member of The House, echoed the sense of community and expressed his enjoyment for the social aspects and opportunity to relax. Jim Mosher suggested referring the matter to the Harbor Commissioner for potential dock use conditions or permitting and expressed safety concerns. Planning Commission Regular Meeting Minutes September 7, 2023 Page 3 of 4 Chair Ellmore closed the public hearing. Secretary Harris noted the unique City trait of the harbor, enforcement for managing the conditions, and treating the matter like any other boat. Vice Chair Rosene thought the establishment is a wonderful facility and one he is frequently nearby when he is on the water, noted he has not seen the vessel move, and, while he is supportive of including the boat slip in the operation of the restaurant, he thought that it is disingenuous to call it a vessel because it looks like a dock, so he opposed the item as presented. Chair Ellmore agreed with the odd nature of calling the dock a vessel, noted he has not seen it move, indicated the jurisdiction of the Planning Commission, thought the imposed conditions are adequate, expressed faith in the applicant to do the right thing, and supported the recommendation. Motion made by Secretary Harris and seconded by Commissioner Barto to approve the item as amended. AYES: Barto, Ellmore, Harris, and Salene NOES: Rosene ABSTAIN: ABSENT: Langford and Lowrey ITEM NO. 3 TRACY SETBACK AMENDMENT (PA2023-0089) Site Location: 1020 White Sails Way Summary: A request for an amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) to change a front setback established on Setback Map No. S-11A, “Harbor View Hills/Spyglass” from 50-feet to 21-feet for the property located at 1020 White Sails Way. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and the exceptions under Section 15300.2 are not applicable; and 3. Adopt Resolution No. PC2023-033 recommending City Council adoption of this Code Amendment to revise Setback Map No. S-11A. The item was removed. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Planning Commission Regular Meeting Minutes September 7, 2023 Page 4 of 4 Deputy Community Development Director Campbell noted four agenda items for the next Planning Commission meeting including a study session for draft changes to the Land Use Element for the implementation of the Housing Element and requested the Commissioners’ attendance. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT - With no further business, Chair Ellmore adjourned the meeting at 6:38 p.m. The agenda for the September 7, 2023, Planning Commission meeting was posted on Friday, September 01, 2023, at 8:30 a.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, September 01, 2023, at 8:00 a.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary September 21, 2023, Planning Commission Item 1 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. 1. MINUTES OF SEPTEMBER 7, 2023 The passages in italics are from the draft minutes, with corrections suggested in strikeout underline format. Page 2 of 4, last paragraph: “Jim Mosher suggested referring the matter to the Harbor Commissioner Commission for potential dock use conditions or permitting and expressed safety concerns.” Page 3 of 4, paragraph 3: “Vice Chair Rosene thought the establishment is a wonderful facility and one he is frequently nearby when he is on the water, noted he has not seen the vessel move, and, while he is supportive of including the boat slip floating patio in the operation of the restaurant, he thought that it is disingenuous to call it a vessel because it looks like a dock, so he opposed the item as presented.” [or “dock” or “float” – but not “boat slip” (the “slip” being the U-shape, not what’s in it)] Planning Commission - September 21, 2023 Item No. 1a - Additional Materials Received Draft Minutes of September 7, 2023