MEETING MINUTES OF THE CITY OF COSTA MESA PLANNING COMMISSION  March 25, 2024  CALL TO ORDER  The Chair called the meeting to order at 6:07 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG Chair Ereth led the Pledge of Allegiance.  ROLL CALL  Present: Chair Adam Ereth, Vice Chair Russell Toler, Commissioner Angely  Andrade, Commissioner Jonny Rojas, and Commissioner Vivar  Absent: Commissioner Karen Klepack, Commissioner Jon Zich  Officials Present: Assistant City Manager Cecilia Gallardo-Daly, Assistant Director of  Development Services Scott Drapkin, Planning and Sustainable Development Manager Bill Rodrigues, Assistant City Attorney Tarquin Preziosi, Principal Planner Phayvanh Nanthavongdouangsy, Senior Panner Michelle Hallagan, City Engineer Seung Yang and Recording  Secretary Anna Partida  ANNOUNCEMENTS AND PRESENTATIONS:  None.  PUBLIC COMMENTS - MATTERS NOT LISTED ON THE AGENDA:  Ida Wolf expressed her concerns and opposition to the proposed housing project to be Jay Humphrey expressed his concerns for the number of Cannabis store fronts opening  built in the senior center parking lot. under Conditional Use Permits.  PLANNING COMMISSIONER COMMENTS AND SUGGESTIONS: Commissioner Vivar thanked the public for their attendance.  Vice Chair Toler thanked the public for their attendance. He commented on a recent event he attended with Orange County Strong Towns. He encouraged the public to research  Strong Towns mission and to get involved.  Minutes - Costa Mesa Planning Commission Meeting = March 25, 2024 - Page 1    CONSENT CALENDAR:  No member of the public nor Commissioner requested to pull a Consent Calendar  item.  1. APPROVAL OF MEETING MINUTES: FEBRUARY 26, 2024  MOVED/SECOND: Vivar/Ereth  MOTION: Approve recommended action for Consent Calendar Item No. 1.  The motion carried by the following roll call vote: Ayes: Ereth, Toler, Andrade, Rojas, Vivar  Nays: None Absent: Klepack, Zich Abstained: None Motion carried: 5-0-2 February 26, 2024. PUBLIC HEARINGS:  ACTION: Planning Commission approved the minutes of the regular meeting of  1. PLANNING APPLICATION 22-08 FOR A RETAIL CANNABIS STOREFRONT BUSINESS WITH DELIVERY LOCATED AT 2490 NEWPORT BOULEVARD Project Description: Planning Application 22-08 is a request for a Conditional Use Permit to allow an approximate 2,000-square-foot retail cannabis storefront use with delivery in an existing single-story commercial building located at 2490 Environmental Determination: The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 The following two ex-parte Planning Commission communications were reported:  (NEWPORT WELLNESS)  Newport Boulevard.  (Class 1), Existing Facilities.  Commissioner Viviar spoke on the phone with Kate Klimow.  Chair Ereth spoke on the phone with Kate Klimow. and spoke with Attorney Alexander Haberbush who is representing some Eastside Costa Mesa residents.  Michelle Halligan, Senior Planner, presented the staff report.  The Commission asked questions of staff including discussion of number of units on the property, proposed trash enclosure, security lighting impacts on nearby Minutes - Costa Mesa Planning Commission Meeting - March 25, 2024 - Page 2    vacant or occupied residential units, light shielding and light fixtures, type of fence proposed to be built, existing businesses, overnight security guards, proximity to other approved cannabis applications, neighborhood compatibility, and employee  parking requirements.  The Chair opened the Public Hearing.  Sean Maddocks, applicant's representative, stated he had read and agreed to the The Commission asked questions of the applicant including discussion of community outreach, unhoused individuals in the surrounding area, reason for holding community outreach meeting in January, and current tenants onsite.  conditions of approval.  The Chair opened Public Comments. Speaker one spoke in opposition of the item. Robert White spoke in opposition to the item. Speaker three spoke in opposition of the item. Speaker four spoke in opposition of the item. Alexander Haberbush spoke in opposition to the item. The Chair closed Public Comments.  The Commission asked additional questions of applicant and staff regarding property owners' decision to lease to a cannabis business, whom the community can contact for more information, reduced hours of operation, disadvantages of reducing operation hours are reduced, if there are sensitive uses located nearby, and for staff to elaborate on the pending Cannabis Ordinance update.  The Chair closed the Public Hearing.  The Commission deliberation included the number ofcannabis storefronts already approved, the proposed cannabis ordinance changes, community concerns, neighboring residential uses, adequate security lighting and if it impacts the neighboring residents, positive and negative impacts on the community, General Plan, compliance findings, and codes the Commission must abide by. Commissioner Vivar made a motion to Deny Planning Application 22-08.  Seconded by Commissioner Andrade.  Minutes - Costa Mesa Planning Commission Meeting = March 25, 2024 - Page 3    The Commission discussed the motion including that the proposed development may not be compatible with residential units on the property and nearby, the potential negative impacts on the neighborhood, and that maintenance of the Vice Chair Toler made a substitute motion to approve Planning Application 22-08. The Commission discussed the motion and added conditions to have the applicant come back to the Planning Commission ift the 24-hour security condition is revised, and to require a parking attendant for three months and then after the three months, the staff will decide if the parking attendant will continue.  property should be done by the property owner. Seconded by Commissioner Rojas.  MOVED/SECOND: Toler/Rojas MOTION: Approve staff's recommendation. The motion carried by the following roll call vote: Ayes: Ereth, Toler, Rojas Nays: Andrade, Vivar Absent: Klepack, Zich Abstain: None Motion carried: 3-2-2  ACTION: The Planning Commission adopted a resolution to:  1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 2. Approve Planning Application 22-08 subject to the conditions of approval as RESOLUTION PC-2024-09 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA APPROVING PLANNING APPLICATION 22-08 FOR A STOREFRONT RETAIL CANNABIS BUSINESS WITH DELIVERY (NEWPORT WELLNESS) IN THE C1 ZONE AT  1) Existing Facilities; and contained in the Resolution.  2490 NEWPORT BOULEVARD The Chair explained the appeal process.  OLD BUSINESS: None.  NEW BUSINESS:  1. FAIRVIEW DEVELOPMENTAL CENTER PROJECT UPDATE  Minutes = Costa Mesa Planning Commission Meeting - March 25, 2024 - Page 4    Cecilia Gallardo-Daly, Assistant City Manager, Phayvanh Nanthavongdouangsy, Principal Planner, Karen Gulley and Suzanne Schwab from Placeworks, the City's The Commission, Staff and Consultants discussed if there was a possible opportunity to increase the affordability percentage, feedback received by the public, community members asking for an advisory committee to be formed, state funding, project milestones, adding a bus stop, improvements to the ingress and egress of the site, pedestrian/transit compatibility, adding a community garden, adding a park with play structure, elimination of the helipad, possibility of a land swap to provide better access to the neighborhoods, existing utility services onsite, possible barriers that would hinder development, housing needs within the City and how that information is reflected in the draft report, community outreach events, and upcoming Joint Study Session with City  Consultant team presented the staff report.  Council.  The Chair opened Public Comments.  Speaker one expressed his support for a land swap.  Jay Humphrey spoke on his support for a land swap. He spoke about density, development, and expressed his concerns about not gathering enough information from the public. He expressed his desire to see an advisory committee formed. Richard Huffman expressed his opinion on the public outreach thus far and requested Cynthia McDonald expressed her opinion on public outreach. She asked for more transparency in all matters relating to this item. She voiced her support for a land swap.  that an advisory committee be established.  The Chair closed Public Comments.  The Commission, staff and consultant discussed the redundancy of forming an advisory committee, open space, density, stormwater infrastructure, car dependency, shared Chair Ereth made a motion to receive and file. Seconded by Commissioner Rojas.  parking, greenbelt extending from the back bay, ingress, and egress.  MOVED/SECOND: Ereth/Rojas MOTION: To Receive and File. The motion carried by the following roll call vote: Ayes: Ereth, Andrade Toler, Rojas, Vivar  Nays: None Absent: Klepack, Zich Abstain: None Motion carried: 5-0-2  Minutes - Costa Mesa Planning Commission Meeting = March 25, 2024- - Page 5    DEPARTMENTAL REPORTS: 1. Public Works Report - None. 2. Development Services Report - None. CITY ATTORNEY'S OFFICE REPORT: 1. City Attorney - None. ADJOURNMENT AT 9:55 PM  Submitted by:  SCOTT PRARKW/SECRETARY COSTAT MESA,PLANNING COMMISSION  Minutes = Costa Mesa Planning Commission Meeting - March 25, 2024 - Page 6