HomeMy WebLinkAbout1.0_Draft Minutes of January 22, 2026
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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 22, 2026
REGULAR MEETING – 6:00 P.M.
I. CALL TO ORDER - 6:00 p.m.
II. PLEDGE OF ALLEGIANCE – Commissioner Ellmore
III. ROLL CALL
PRESENT: Chair Tristan Harris, Vice Chair David Salene, Secretary Jonathan Langford,
Commissioner Curtis Ellmore, Commissioner Michael Gazzano, Commissioner
Greg Reed
ABSENT: Commissioner Mark Rosene
Staff Present: Acting Community Development Director Jaime Murillo, Deputy City Attorney Jose
Montoya, Associate Civil Engineer Jake Marshall, Civilian Investigator Wendy Joe,
Assistant Planner Daniel Kopshever, Administrative Assistant Clarivel Rodriguez,
and Department Assistant Beatriz Avila
IV. PUBLIC COMMENTS – None
V. REQUEST FOR CONTINUANCES – None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF NOVEMBER 20, 2025
Recommended Action: Approve and file
Chair Harris opened public comment, and there was none.
Motion made by Chair Harris and seconded by Secretary Langford to approve the meeting
minutes of November 20, 2025, incorporating revisions recommended by Jim Mosher.
AYES: Ellmore, Gazzano, Harris, Langford, Reed, and Salene
NOES: None
ABSTAIN: None
ABSENT: Rosene
ITEM NO. 2 KRISTI A. DUMONT TRUST ENCROACHMENT (PA2025-0228)
Site Location: 520 POINSETTIA AVENUE UNITS A, B & C
Summary:
A request to waive City Council Policy L-6 to retain certain existing, non-compliant private
improvements encroaching into the 50-foot-wide Third Avenue public right-of-way and the
50-foot-wide Poinsettia Avenue public right-of-way. As part of this consideration, staff is
recommending the removal of other non-compliant improvements within the same public
rights-of-way due to traffic safety concerns.
Recommended Actions:
1. Find the project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section
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January 22, 2026
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15301 Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential
to have a significant effect on the environment; and
2. Adopt Resolution No. PC2026-001, waiving City Council Policy L-6 (Encroachments
in Public Rights-of-Way) and approving Encroachment No. N2025-0390, to retain
certain existing improvements which encroach into the public right-of-way, including
brick hardscape, a low brick wall, brick pilaster, a gate, and landscaping and
requiring the removal of an existing fence, lights, hedge, and tall landscaping within
the traffic safety visibility area.
In response to Chair Harris’ inquiry, the commissioners declined a staff report.
Chair Harris opened public comment, and there was none.
Motion made by Commissioner Ellmore and seconded by Commissioner Reed to approve the
item as presented.
AYES: Ellmore, Gazzano, Harris, Langford, Reed, and Salene
NOES: None
ABSTAIN: None
ABSENT: Rosene
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 EL CHOLO OUTDOOR DINING PATIO EXPANSION (PA2025-0042)
Site Location: 3520 East Coast Highway, 3536 East Coast Highway, 410
Narcissus Avenue, 409 Orchid Avenue
Summary:
A request to expand the existing outdoor dining patio by 975 square feet, resulting in a total
of 1,709 square feet of outdoor dining area, with no change to the existing 5,012-square-
foot interior of the restaurant. The proposed hours of operation for the outdoor patio are
from 10 a.m. and 11 p.m. daily, consistent with the interior restaurant hours. No live
entertainment, dancing, or late hours are proposed, and there are no changes to the existing
Type 47 (On-Sale General - Eating Place) California Department of Alcoholic Beverage
Control license. To authorize the expanded outdoor dining area, the applicant requests a
waiver of 17 of the 66 required parking spaces and authorization to provide the remaining
spaces through a combination of off-site parking lots. Approval of the project would
supersede all previous approvals.
Recommended Actions:
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. PC2026-002 approving the Conditional Use Permit filed as
PA2025-0042.
Assistant Planner Daniel Kopshever reported that the item is for a patio expansion at the El Cholo
restaurant, the addition of one additional off-site parking lot, and a 17-space parking waiver. He
reported that the off-site lot would be at 410 Narcissus Avenue and used in tandem with the pair
used under the existing Conditional Use Permit (CUP), adding that one of the lots is only available
to the restaurant after 5 p.m. He stated that the restaurant is located at 3520 East Coast Highway
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among similar commercial uses while abutted to the rear by residential uses.
Assistant Planner Kopshever reported on the restaurant’s current patio dining area, along with
the temporary patio area that was permitted during the pandemic. He added that making this area
permanent would expand the patio area from 734 to 1,709 square feet, increasing the seating
count from 246 to 283. He noted that the 328 figure in the staff report is a typographical error. He
reported that operational hours are voluntarily proposed to end at 11 p.m., earlier than the current
CUP allows, and that the new CUP will include a new prohibition on live entertainment and
dancing, also agreed to by the applicant. He stated that the Alcoholic Beverage Control license
will remain the same, along with the interior size of the restaurant, which contains a large upstairs
area which is not available to the public but does contribute to the restaurant’s parking demand.
Assistant Planner Kopshever reported that the new parking requirement will be 66 spaces, with
49 available at all operational hours, leading to the request for a 17-space waiver. He added that
the available parking count will be 62 spaces after 5 p.m. He reported that the applicant provided
a parking survey with counts of available spaces taken on a Wednesday and on a Saturday, and
customer data showing that the peak customer times are between noon and 2 p.m. He stated that
there was an average of 14 spaces available in this window on a Saturday and an average of
eight on a Wednesday. He then stated that the worst-case scenario was at 12:30 p.m. on
Wednesday, when there were 8 spaces available in the Narcissus Avenue lot and 4 spaces in the
Orchid Avenue lot.
Assistant Planner Kopshever stated that this is an appropriate land use for Commercial Corridor
zoning, there is a reduction in operational characteristics such as late hours and live
entertainment, the parking waiver is supported by the applicant’s data, and the Newport Beach
Police Department has reviewed the proposal, providing Conditions of Approval.
In response to Chair Harris’ inquiry, none of the commissioners disclosed any ex parte
communications about this item.
Chair Harris opened the public hearing.
Architect Scott Laidlaw, speaking for the applicant, reported that the applicant has reviewed the
staff report with the City and has no issues with the Conditions of Approval.
In response to Commissioner Ellmore’s inquiries, Mr. Laidlaw clarified that the applicant is the
restaurant operator and not the building owner. He confirmed that the building owner approves of
both the application and its Conditions of Approval.
Chair Harris closed the public hearing.
Chair Harris stated that the application is appropriate, noting that the additional patio space
worked well through the pandemic and afterwards.
Commissioner Ellmore stated that the patio area is well done, there have not been parking issues,
and the parking study seems to be benign.
Motion made by Chair Harris and seconded by Commissioner Ellmore to approve the item as
presented.
AYES: Ellmore, Gazzano, Harris, Langford, Reed, and Salene
NOES: None
ABSTAIN: None
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ABSENT: Rosene
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
Acting Community Development Director Murillo reported that the General Plan Advisory
Committee (GPAC) and General Plan Update Steering Committee voted last night to move the
Draft General Plan forward. He noted that Mr. Laidlaw and Mr. Mosher are members of the GPAC,
lauding the resident-led group’s work over the past few years, representing a good cross-section
of community interest areas. He commended Planning Manager Ben Zdeba on managing their
efforts. He added that drafts of the relevant elements will come to the Planning Commission, likely
in April, with a goal of presenting the updated General Plan to the City Council in May.
Acting Community Development Director Murillo reported that the applicant for the Acacia Atrium
Medical Office Condominiums is appealing the project’s denial at the last Commission meeting to
the City Council. He reported that the Commission’s February 5th meeting, will include a public
hearing about the Dover Residences townhomes project.
Chair Harris commended Planning Manager Zdeba’s work, marveling that the GPAC met 57 times
since 2022.
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
Chair Harris reported that he will be absent from the February 19th meeting.
IX. ADJOURNMENT – With no further business, Chair Harris adjourned the meeting at 6:14 p.m.
The agenda for the January 22, 2026, Planning Commission meeting was posted on Thursday,
January 15, 2026, at 4:50 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
Thursday, January 15, 2026, at 4:45 p.m.
Tristan Harris, Chair
Jonathan Langford, Secretary