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CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 8, 2024
REGULAR MEETING - 6:00 P.M.
Curtis Ellmore
Chair
Mark Rosene
Vice Chair
Tristan Harris
Secretary
BRADY BARTO
JONATHAN LANGFORD LEE LOWREY
DAVID SALENE
Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission.
They were appointed by the City Council by majority vote for four-year terms. At the tables in front are City
staff members who are here to advise the Commission during the meeting. They are:
SEIMONE JURJIS, Community Development Director
JAIME MURILLO, Deputy Community Development Director
YOLANDA SUMMERHILL, Assistant City Attorney BRAD SOMMERS, City Traffic Engineer
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 6:00
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 planningcommission@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, Administrative Assistant, at least 72 hours 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: Reasonable Accommodation, 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 Regular Meeting Agenda
August 8, 2024
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 8, 2024
REGULAR MEETING – 6:00 P.M.
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
ITEM NO. 1 MINUTES OF JUNE 20, 2024
Recommended Action: Approve and file.
VII. PUBLIC HEARING ITEMS
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.
ITEM NO. 2 CHIHUAHUA CERVEZA PATIO EXPANSION (PA2023-0141)
Site Location: 3107 Newport Boulevard
Summary:
A request for a conditional use permit and coastal development permit to expand the outdoor dining patio
of an existing restaurant (Chihuahua Cerveza). Chihuahua Cerveza currently operates with 1,213 square
feet of interior net public area, 498 square feet of permanent outdoor dining patio, and 867 square feet of
temporary outdoor dining patio. The applicant will reconfigure the patio areas to create one,1,403-square-
foot, permanent, outdoor dining patio. The applicant requests to waive the additional parking spaces
required for the patio expansion. Alcohol service would be extended to the entire outdoor dining patio
through Chihuahua Cerveza’s existing Type 47 (On Sale General – Eating Place) Alcoholic Beverage
Control (ABC) license. Proposed hours of operation are from 6:30 a.m. to 10:00 p.m. Sunday to Thursday,
and 6:30 a.m. to 11:00 p.m. Friday and Saturday; however, the outdoor dining patio will close nightly at
10 p.m. Chihuahua Cerveza is currently approved for live entertainment within the interior of the restaurant
and no changes are proposed to the live entertainment. If approved, this conditional use permit would
supersede conditional use permit No. UP2019-035 (PA2019-160).
Planning Commission Regular Meeting Agenda
August 8, 2024
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. PC2024-015 approving a Conditional Use Permit and Coastal
Development Permit filed as PA2023-0141.
ITEM NO. 3 SHEA RESIDENCE (PA2024-0017)
Site Location: 11 Bay Island
Summary:
A coastal development permit (CDP) to demolish an existing single-unit dwelling and construct a new
4,917-square-foot, three-story single-unit dwelling. The CDP also includes adjusting the off-street parking
requirements with a parking management plan and increasing the allowed building height to 28 feet for
flat portions of the roof and 33 feet for sloped portions of the roof in accordance with Use Permit No.
UP3618. The design includes hardscape, drainage facilities, and landscaping. All improvements are
located within the confines of private property.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and
3. Adopt Resolution No. PC2024-016 approving a Coastal Development Permit filed as PA2024-
0017.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
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.
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT