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HomeMy WebLinkAbout13 - PA2003-080 - Modification Permit ProceduresPage 20.93 -5 Modification Permits "DE('UIED AFTER A "u N A 20.93.035 Duties of the Zoning Administrator A. Investigation. The � ^^ ^^ Ar✓.. iris +rater ch.,n e to be made, by its 9WR The Zonina Ad min istrator shall investiaate each apolication to assure that the proposal is consistent with the intent and purpose of this chapter, all applicable regulations and policies, and sound planning practices. The Zoning Administrator shall refer each application to the Building Department and Public Works Department, and to other city departments as needed. Each department shall make written recommendations to the Zoning Administrator. B. Rendering of Decision. After the conclusion of the hearing on any application for a modification permit, the Zoning Administrator shall render a decision within 15 days unless ^'herwise stip late - ' by both the applicant and the Zoning Administrator consent to a later date. When addressing the finding in Section 20.93.030(A), the Zoning Administrator may consider the physical aspects of the property and /or improvements and their relationship to adjacent properties. In addressing the finding in Section 20.93.030 (B), the Zoning Administrator may considerthe sum of qualities that distinguish the neighborhood from other areas within the City. However, the Zoning Administrator may only consider such characteristics as they relate to direct impact of the proposed modification on the neighborhood's character and not development rights that would otherwise be enjoyed without the Modification Permit. In addressing the finding in Section 20.93.030 (C), the Zoning Administrator may consider the potential adverse impacts on persons or property in the vicinity. These include, but are not limited to, modifications that would significantly interfere with provision of adequate air and light on an adjacent property, adversely impact use of a public right -of -way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances, or result in a substantial invasion of privacy. 5 Page 20.93 -6 Modification Permits C. Referral to Planning Commission. In the event the Zoning Administrator determines that an application should properly be heard by the Planning Commission, +tthe Zoning Administrator may referthe matterto the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held bythe Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. D. Administrative Act. The granting of any modification permit, when conforming to the provisions of this code, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Zoning Administrator. The action thereon bythe Zoning Administrator shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this code shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this code or the districting map of the City. E. Meetings. The Zoning Administrator shall hold at least one er Fnefe regular meetings each month and may hold special meetings as necessary. 20.93.040 Conditions of Approval The Zoning Administrator may impose such conditions in connection with the granting of a modification perm it as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 20.93.045 Effective Date No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modification permits shall be within 14 calendar days after the date of the Zoning Administrator's decision. In the event an appeal is filed, the modification permit shall not become effective unless and until a decision is made by the Planning Commission on such appeal, under the provisions of Chapter 20.95. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal. 20.93.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any modification permit granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 6 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 November 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 pa Ifo rd (a) city. newpo rt- beach. ca. us SUBJECT: Code Amendment No. 2003 -003 — Amendment to modification permit procedures. (PA 2003 -080) ISSUES: Should the modification permit procedures be revised to (1) require additional findings and (2) replace the Modifications Committee with a Zoning Administrator? RECOMMENDATION: Conduct public hearing; introduce Ordinance No. 2004- approving Code Amendment No. 2003 -003 and pass to second reading on November 23, 2004 (use Attachment 1 for adoption of the findings only or Attachment 2 for the adoption of the findings and the Zoning Administrator). DISCUSSION: Introduction Modification permits were established with the intent of providing relief when the strict literal interpretation and enforcement of property development regulations would be inconsistent with the general purpose of the Zoning Code. The Modification Committee, which is composed of staff representatives from Planning, Building, and Public Works, has the authority to approve or deny modification permits. Background: The code amendment resulted from an April 22, 2003 City Council study session on the modification process. A code amendment to revise the required findings was initiated by the City Council on June 24, 2003. The Planning Commission hearing was held on November 6, 2003. The City Council hearing was held on November 25, 2003, and the City Council continued the hearing for several months in order for the Modification Modification Permit Amendment November 9, 2004 Page 2 Committee to conduct a parallel review of modification permit applications using the proposed findings. On October 12, 2004, the City Council held a study session to review the results of the parallel review study. The City Council directed staff to proceed with the code amendment with revisions to proposed Finding No. 1. The City Council also directed staff to present revisions that would replace the Modifications Committee with a Zoning Administrator as an option for City Council consideration. Analysis: Proposed Findings If the proposed amendment is adopted, three findings will be required to approve a modification permit: 1. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. 2. The requested modification will be compatible with existing development in the neighborhood. 3. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The practical difficulty finding (Finding No. 1) is intended to address the Council's concern of abuse of the City's development standards pertaining to setback limitations and building design /configuration. With this finding, the applicant would be required to clearly demonstrate facts that create the need to deviate from the Code. This finding would require consideration of the physical aspects of the property and/or improvements and their relationship to adjacent properties. The neighborhood compatibility finding (Finding No. 2) is intended to address concerns regarding neighborhood preservation. The review of modification permits would have to take into consideration the direct impact of the proposed modification on the qualities that distinguish the neighborhood from other areas within the City. However, consideration can only be given to those characteristics that relate to direct impact of the proposed modification on the neighborhood's character and not development rights that would otherwise be enjoyed without the Modification Permit. The public safety finding (Finding No. 3) is intended to address concerns relating to public safety and impacts to adjacent property. This finding would require consideration of factors such as the potential adverse impacts on persons or property in the vicinity, access Modification Permit Amendment November 9, 2004 Page 3 for public safety personnel, vehicular sight distances, and impacts to privacy. These factors are included as guidelines in proposed Section 20.93.035 (B). The proposed required findings would only be for those modifications assigned by proposed Section 20.93.015 (B). Applicable findings for lot line adjustments, tentative parcel maps, condominium conversions, and similar applications would not be changed. Zoning Administrator The proposed code amendment could replace the Modifications Committee with a Zoning Administrator. The Zoning Administrator would be a qualified Planning Department staff member, appointed by the Planning Director. The Zoning Administrator's authority to render decisions on applications would be the same as that currently assigned to the Modifications Committee. Likewise, decisions of the Zoning Administrator would be subject to appeal to the Planning Commission or City Council. Public notice and hearing procedures would remain unchanged. The replacement of the Modifications Committee with a Zoning Administrator is intended to improve consultation between the City departments and therefore improve the decision - making process. The Modifications Committee is subject to the Brown Act'. As a result, Modification Committee members are prohibited from discussing applications outside of open meetings. This has proved to be problematic since it limits the ability of Building, Planning, and Public Works staff members to review an application together, prior to the meeting. In contrast, all other applications (use permits, variances, parcel maps, etc.) are routinely distributed to these and other departments for comments and recommendations before they are submitted to the decision - making body. Thus, the Modifications Committee cannot take full advantage of the review process without risk of violating the Brown Act. Since the decision- making authority would be assigned to a single staff member, the Zoning Administrator would be free to consult with other departments without risk of violating the Brown Act. The discussions among these staff members are more technical than policy- oriented and staff does not view the proposed change to a Zoning Administrator as contrary to the spirit of the Brown Act. Representatives from other departments would continue to attend modification permit hearings, as needed, to advise the Zoning Administrator. A Zoning Administrator could lead to more efficient use of City resources. For example, Modification Committee members must conduct project site visits individually in order to avoid violating the Brown Act. A Zoning Administrator would be free to visit project sites with Building and Public Works staff members prior to the meeting. There could also be a reduction in the number of continued modification permit hearings, since a Zoning ' The Ralph M. Brown Act establishes the basic requirements for open meetings and notice of hearings for commissions, boards, councils, and other public agencies. Modification Permit Amendment November 9, 2004 Page 4 Administrator would have the benefit of input from Building and Public Works prior to the hearing. Zoning Administrators are used by numerous communities to serve as a hearing officer and to render decisions on minor discretionary applications. A Zoning Administrator could be assigned other administrative functions. There are approximately a dozen minor administrative actions that require approval by the Planning Director, which could be transferred to a Zoning Administrator in a subsequent code amendment. In addition, a Zoning Administrator could serve as the decision- making authority for coastal development permits for minor projects, after the Local Coastal Program is certified and permit authority is transferred from the Coastal Commission to the City. Staff has prepared alternative exhibits containing provisions for a Zoning Administrator, should the City Council choose to approve this option. Environmental Review: The project has been reviewed pursuant to the California Environmental Quality Act and has been determined to be categorically exempt under Class 5, minor alterations in land use limitations. Public Notice: Public notice was posted in the local Daily Pilot newspaper. In addition, public hearing notices were mailed to approximately 200 individuals on the Building Departments User Group mailing list, homeowners associations, and the chambers of commerce. Public hearing notices were also posted at City Hall in various locations. Prepared by: Patrick J. Afford Senior Planner Attachments: Submitted by: b Patricia L. Temple Planning Director 1. Draft ordinance with proposed revisions to Chapter 20.93 (Exhibit A). 2. Alternative Exhibit A with provisions for a Zoning Administrator. ORDINANCE 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO MODIFICATION PERMIT PROCEDURES [CODE AMENDMENT 2003- 003] WHEREAS, on June 24, 2003, the City Council of the City of Newport Beach initiated an amendment to Title 20 of the Newport Beach Municipal Code to revise the modification permit procedures; and WHEREAS, on November 6, 2003, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding this code amendment; and WHEREAS, the Planning Commission voted 4 to 3 to recommend approval of this code amendment to the City Council; and WHEREAS, on November 25, 2003 and October 26, 2004, the City Council of the City of Newport Beach held duly noticed public hearings regarding this code amendment; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended as provided in Exhibit "A." 1 SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 26, 2004, and adopted on the 9th day of November 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK `A CHAPTER 20.93 MODIFICATION PERMITS Sections: Page 20.93 -1 Modification Permits 20.93.010 Purpose 20.93.015 Modifications Committee 20.93.020 Application for a Modification Permit 20.93.025 Notice and Public Hearings 20.93.030 Required Findings 20.93.035 Duties of the Modifications Committee 20.93.040 Conditions of Approval 20.93.045 Effective Date 20.93.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation 20.93.055 Amendments and New Applications 20.93.060 Rights of Appeal 20.93.010 Purpose This Chapter provides administrative relief through a Modification Permit for certain development proposals where there is a practical difficulty or physical hardship. This article achieves the purposes of this code by establishing procedures for approval, conditional approval and disapproval for a Modification Permit. Additionally, this Chapter establishes procedures for the administration of minor discretionary items where the authority is assigned to the Modifications Committee by the individual chapters of the Municipal Code or by action of the Planning Commission or City Council. 20.93.015 Modifications Committee A. Composition. A Modifications Committee consisting of three members is hereby established for the purpose of passing upon requests for reasonable use of property not permissible under existing regulations. The Modifications Committee shall have authority to grant, subject to appeal to the Planning Commission under provisions of this code, modifications as provided herein. The Modifications Committee shall be composed of the following members or their designated representatives: The Planning Director, who shall act as Chair The Public Works Director The Building Director EXHIBIT A Page 20.93 -2 Modification Permits The Modifications Committee shall include staff members assigned to aid the Modifications Committee as necessary. B. Extent of Authority. 1. The Modifications Committee may grant approval of Modification Permits subject to the following regulations and the required findings in Section 20.93.030: a. Required building setbacks in front, side or rear yards; b. Heights of walls, hedges or fences; C. Distances between buildings; d. Area, number and height of signs not requiring an exception permit or limited by Planned Community District regulations; e. Roof signs and off -site signs in accordance with Chapter 20.67; f. Structural appurtenances or projections which encroach into front, side or rear yards; g. Location of accessory buildings on a site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; h. Size or location of parking spaces or access to parking spaces; i. Swimming pool and swimming pool equipment encroachments; Roof parking of automobiles in nonresidential districts; k. Minor modifications and improvements to nonconforming buildings; 2. The Modifications Committee may approve or conditionally approve the following applications subject to the submitted application, plans, materials, and testimony and applicable findings in the referenced sections of the Zoning Code: a. Lot line adjustments, in accordance with Chapter 19.76 of Title 19 (Subdivision Code); b. Tentative parcel maps, in accordance with Chapter 19.12 of Title 19 (Subdivision Code); EXHIBITA Page 20.93 -3 Modification Permits C. Condominium conversions involving four or less units, via approval of a tentative parcel map in accordance with Chapter 20.83 and Title 19 (Subdivision Code); and d. Such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. C. Meetings. The Modifications Committee shall hold one or more regular meetings each month and may hold special meetings as necessary. 20.93.020 Application for a Modification Permit A. Procedure. An application for a modification permit shall be filed and processed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. B. Required Plans and Materials. An application for a modification permit shall be accompanied by the following: 1. Plot plans showing all property lines, structures, parking, driveways, other major improvements or facilities and landscaped areas. 2. Elevations of all proposed structures. 3. Other plans such as floor plans as may be required by the Planning Director to assure a proper consideration of the application. 4. In the case of a lot line adjustment, the materials described in Chapter 19.76 of Title 19 (Subdivision Code). 5. In the case of a tentative parcel map, the map and other materials described in Title 19 (Subdivision Code). 20.93.025 Notice and Public Hearing A. Tentative Parcel Maas. Notwithstanding other provisions of this Section, notice and hearing procedures for tentative parcel maps shall be as specified in Chapter 19.08 of Title 19 (Subdivision Code). EXHIBIT A Page 20.93 -4 Modification Permits B. Time of Hearing. Upon receipt of a complete application, a time and place for a public hearing shall be scheduled according to the provisions set forth in Chapter 20.90. C. Required Notice. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. C. Contents of Notice. The notice of public hearing shall contain: A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Upon the date set for a public hearing before the Modifications Committee, the Modifications Committee may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. EXHIBIT A Page 20.93 -5 Modification Permits 20.93.030 Required Findings The Modifications Committee may approve or conditionally approve a modification permit if, on the basis of the application, plans, materials, and testimony submitted, the Modifications Committee finds all of the following: A. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. 20.93.035 Duties of the Modifications Committee A. Investigation. The Modifications Committee shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. Rendering of Decision. After the conclusion of the hearing on any application for a modification permit, the Modifications Committee shall render a decision within 15 days unless otherwise stipulated by the applicant and the Modifications Committee. When addressing the finding in Section 20.93.030(A), the Modifications Committee may consider the physical aspects of the property and /or improvements and their relationship to adjacent properties. In addressing the finding in Section 20.93.030 (B), the Modifications Committee may consider the sum of qualities that distinguish the neighborhood from other areas within the City. However, the Modifications Committee may only consider such characteristics as they relate to direct impact of the proposed modification on the neighborhood's character and not development rights that would otherwise be enjoyed without the Modification Permit. EXHIBIT A Page 20.93 -6 Modification Permits In addressing the finding in Section 20.93.030 (C), the Modifications Committee may consider the potential adverse impacts on persons or property in the vicinity. These include, but are not limited to, modifications that would significantly interfere with provision of adequate air and light on an adjacent property, adversely impact use of a public right -of -way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances, or result in a substantial invasion of privacy. C. Referral to Planning Commission. In the event the Modifications Committee determines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. D. Administrative Act. The granting of any modification permit, when conforming to the provisions of this code, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Modifications Committee. The action thereon by the Modifications Committee shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this code shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this code or the districting map of the City. 20.93.040 Conditions of Approval The Modifications Committee may impose such conditions in connection with the granting of a modification permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 20.93.045 Effective Date No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modification permits shall be within 14 calendar days after the date of the Modifications Committee's decision. In the event an appeal is filed, the modification permit shall not become effective unless and until a decision is made by the Planning Commission on such appeal, under the provisions of Chapter 20.95. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal. EXHIBIT A Page 20.93 -7 Modification Permits 20.93.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any modification permit granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or A certificate of occupancy has been issued; or 4. The use is established; or A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a modification permit for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of terms. Any modification permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such modification permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A modification permit shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.93.055 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a modification permit, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not EXHIBIT A Page 20.93 -8 Modification Permits involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a modification permit is disapproved, no new application for the same, or substantially the same, modification permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.93.060 Rights of Appeal A. Appeals. Decisions of the Modifications Committee may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals. EXHIBIT A CHAPTER 20.93 MODIFICATION PERMITS Sections: Page 20.93 -1 Modification Permits 20.93.010 Purpose 20.93.015 Authority 20.93.020 Application for a Modification Permit 20.93.025 Notice and Public Hearings 20.93.030 Required Findings 20.93.035 Duties of the Zoning Administrator 20.93.040 Conditions of Approval 20.93.045 Effective Date 20.93.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation 20.93.055 Amendments and New Applications 20.93.060 Rights of Appeal and Review 20.93.010 Purpose This Chapter provides administrative relief through a Modification Permit for certain development proposals where there is a practical difficulty or physical hardship. This article achieves the purposes of this code by establishing procedures for approval, conditional approval and disapproval for a Modification Permit. Additionally, this Chapter establishes procedures for the administration of minor discretionary items where the authority is assigned to the Zoning Administrator by the individual chapters of the Municipal Code or by action of the Planning Commission or City Council. 20.93.015 Authority A. Modification Permits. The Zoning Administrator shall approve, conditionally approve, or disapprove applications for Modification Permits relating to the following code provisions, subject to the submitted application, plans, materials, and testimony and findings in Section 20.93.030: Required building setbacks in front, side or rear yards; 2. Heights of walls, hedges or fences; 3. Distances between buildings; 4. Area, number and height of signs not requiring an exception permit or limited by Planned Community District regulations; ALT. EXHIBIT A Page 20.93 -2 Modification Permits 5. Roof signs and off -site signs in accordance with Chapter 20.67; 6. Structural appurtenances or projections which encroach into front, side or rear yards; Location of accessory buildings on a site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; 8. Size or location of parking spaces or access to parking spaces; 9. Swimming pool and swimming pool equipment encroachments; 10. Roof parking of automobiles in nonresidential districts; 11. Minor modifications and improvements to nonconforming buildings; B. Other Applications. The Zoning Administrator may approve, conditionally approve, or disapprove the following applications, subject to the submitted application, plans, materials, and testimony and applicable findings in the referenced sections of the Municipal Code: Lot line adjustments, in accordance with Chapter 19.76 of Title 19 (Subdivision Code); 2. Tentative parcel maps, in accordance with Chapter 19.12 of Title 19 (Subdivision Code); 3. Condominium conversions involving four or less units, via approval of a tentative parcel map in accordance with Chapter 20.83 and Title 19 (Subdivision Code); and 4. Such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Zoning Administrator shall also pass upon all requests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. 20.93.020 Application for a Modification Permit A. Procedure. An application for a modification permit shall be filed and processed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. ALT. EXHIBIT A Page 20.93 -3 Modification Permits B. Required Plans and Materials. An application for a modification permit shall be accompanied by the following: 1. Plot plans showing all property lines, structures, parking, driveways, other major improvements or facilities and landscaped areas. 2. Elevations of all proposed structures. 3. Other plans such as floor plans as may be required by the Planning Director to assure a proper consideration of the application. 4. In the case of a lot line adjustment, the materials described in Chapter 19.76 of Title 19 (Subdivision Code). 5. In the case of a tentative parcel map, the map and other materials described in Title 19 (Subdivision Code). 20.93.025 Notice and Public Hearing A. Tentative Parcel Maps. Notwithstanding other provisions of this Section, notice and hearing procedures for tentative parcel maps shall be as specified in Chapter 19.08 of Title 19 (Subdivision Code). B. Time of Hearing. Upon receipt of a complete application, a time and place for a public hearing shall be scheduled according to the provisions set forth in Chapter 20.90. C. Required Notice. 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. b. Nonresidential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the ALT. EXHIBITA Page 20.93 -4 Modification Permits responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. C. Contents of Notice. The notice of public hearing shall contain: A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Upon the date set for a public hearing before the Zoning Administrator, the Zoning Administrator may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.93.030 Required Findings The Zoning Administrator may approve or conditionally approve a modification permit if, on the basis of the application, plans, materials, and testimony submitted, the Zoning Administrator finds all of the following: A. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. ALT. EXHIBIT Page 20.93 -5 Modification Permits 20.93.035 Duties of the Zoning Administrator A. Investigation. The Zoning Administrator shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. Rendering of Decision. After the conclusion of the hearing on any application for a modification permit, the Zoning Administrator shall render a decision within 15 days unless otherwise stipulated by the applicant and the Zoning Administrator. When addressing the finding in Section 20.93.030(A), the Zoning Administrator may consider the physical aspects of the property and /or improvements and their relationship to adjacent properties. In addressing the finding in Section 20.93.030 (B), the Zoning Administrator may consider the sum of qualities that distinguish the neighborhood from other areas within the City. However, the Zoning Administrator may only consider such characteristics as they relate to direct impact of the proposed modification on the neighborhood's character and not development rights that would otherwise be enjoyed without the Modification Permit. In addressing the finding in Section 20.93.030 (C), the Zoning Administrator may consider the potential adverse impacts on persons or property in the vicinity. These include, but are not limited to, modifications that would significantly interfere with provision of adequate air and light on an adjacent property, adversely impact use of a public right -of -way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances, or result in a substantial invasion of privacy. C. Referral to Planning Commission. In the event the Zoning Administrator determines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. D. Administrative Act. The granting of any modification permit, when conforming to the provisions of this code, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Zoning Administrator. The action thereon by the Zoning Administrator shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this code shall apply in ALT. EXHIBIT A Page 20.93 -6 Modification Permits special cases, as provided in this section, and shall not be construed as amendments to the provisions of this code or the districting map of the City. E. Meetings. The Zoning Administrator shall hold one or more regular meetings each month and may hold special meetings as necessary. 20.93.040 Conditions of Approval The Zoning Administrator may impose such conditions in connection with the granting of a modification permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 20.93.045 Effective Date No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modification permits shall be within 14 calendar days after the date of the Zoning Administrator's decision. In the event an appeal is filed, the modification permit shall not become effective unless and until a decision is made by the Planning Commission on such appeal, under the provisions of Chapter 20.95. No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal. 20.93.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any modification permit granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit, ALT. EXHIBIT Page 20.93 -7 Modification Permits B. Time Extension. The Planning Director may grant a time extension for a modification permit for a period or periods not to exceed 3 years. An application for a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of terms. Any modification permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such modification permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A modification permit shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.93.055 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a modification permit, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a modification permit is disapproved, no new application for the same, or substantially the same, modification permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.93.060 Rights of Appeal A. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures. Procedures for appeals shall be as prescribed by Chapter 20.95: Appeals. ALT. EXHIBIT A Page 20.91 -1 Zoning Administration CHAPTER 20.91 ZONING ADMINISTRATION Sections: 20.91.010 Purpose 20.91.020 Authority 20.91.030 Application Filing 20.91.040 Planning Department Review 20.91.050 Environmental Review 20.91.010 Purpose To establish administrative provisions and procedures for the implementation of this code. 20.91.020 Authority A. Planning Director. This code shall be administered by the Planning Director under the administrative authority and direction of the City Manager pursuant to Title 2 of the Municipal Code. B. Zoning Administrator. The Planning Director shall appoint a qualified Planning Department staff member as the Zoning Administrator. The Zoning Administrator shall have the authority to investigate and render decisions on applications as prescribed by the individual chapters of this code. The Zoning Administrator shall serve in that capacity at the discretion of the Planning Director. C. Planning Commission. The Planning Commission established by Article VII of the City Charter shall have the authority to investigate and render decisions on applications as prescribed by the individual chapters of this code. 20.91.030 Application Filing A. Required Forms. Applications for discretionary approvals, including but not limited to, amendments, development plans, modifications permits, site plan review, use permits, variances, and coastal permits shall be filed in the office of the Planning Department in writing on forms prescribed by the Planning Director. ALT. EXHIBIT A Page 20.91 -2 Zoning Administration B. Required Materials. Applications for discretionary approvals shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Planning Director. The Planning Director may request additional materials deemed necessary to support the application. C. Required Signatures. Application for discretionary approvals may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the owner of record or may be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. D. Fees. Applications for discretionary approvals shall be accompanied by a fee as established by resolution of the City Council. 20.91.040 Planning Department Review A. Time Limits and Notification. Within 30 days of the filing of an application, the Planning Department shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete. B. Incomplete Applications. If the application is determined not to be complete, the Planning Department shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new 30 day review period shall begin to determine the completeness of the application. C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the Planning Department and the applicant. D. Waivers. The Planning Director may waive the submission of items deemed unnecessary. E. Exemption for Environmental Review. This section shall not be construed as limiting the ability of the Planning Department to request and obtain information needed to conduct environmental review under the terms of the California Environmental Quality Act. ALT. EXHIBIT Page 20.91 -3 Zoning Administration 20.91.050 Environmental Review A. A project that is not exempt from the California Environmental Quality Act (CEQA) shall be reviewed and either a Negative Declaration or an Environmental Impact Report (EIR) shall be prepared. B. Time Limits. For projects in which the City is the lead agency, negative declarations shall be completed and ready for approval within 105 days from the date the application is accepted as complete; environmental impact reports shall be completed and certified within 1 year from date the application is accepted as complete. No application for a project shall be deemed to be incomplete for lack of a waiver of the time limits established by this section. C. Extension of Time Limits. The Planning Director may provide for a reasonable extension of the time limits established by this section in the event that compelling circumstances justify additional time and the project applicant consents thereto. ALT. EXHIBIT A Revise Chapters 20.62, 20.66, 20.67, 20.83, 20.86, and 20.95 to replace all references to the "Modifications Committee" with the "Zoning Administrator." ALT. EXHIBIT A COUNCIL AG DA CITY OF NEWPORT BEACH 6 CITY COUNCIL STAFF REPORT COU Study Session Agenda Item No. ss2 October 12, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior - Planner (949) 644 -3235 palfordna.city. newaort- beach. ca. us SUBJECT: Potential Revisions to Modification Permit Procedures ISSUES: Should the modification permit procedures be revised to require additional findings and replace the Modifications Committee with a zoning administrator? • RECOMMENDATION: Review staff report and provide direction to staff. DISCUSSION: Background: On November 25, 2003, the City Council held a public hearing on Code Amendment 2003- 080, which would revise the findings required to approve a modification permit. The City Council continued the hearing for several months in order to have the Modification Committee conduct a parallel review of modification permit applications using the proposed findings. The intent was to provide an indication of the effect on the proposed findings on actions by the Modifications Committee. The parallel review exercise also revealed ongoing difficulties with the modification process, which could be remedied by replacing the Modifications Committee with a zoning administrator. C� Modification Permit Procedures V. October 12, 2004 Page 2 Introduction: Modification permits were established with the intent of providing relief when the strict literal interpretation and enforcement of property development regulations would be inconsistent with the general purpose of the Zoning Code. The Modification Committee, which is composed of staff representatives from Planning, Building, and Public Works, has the authority to approve or deny modification permits. Currently, only one finding is required to approve a modification permit: In order to grant relief to an applicant through a modification permit, the Modifications Committee shall find that the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the, general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code. If the proposed amendment is adopted, three findings would be required to approve a modification permit: 1. The granting of the application is necessary due to the physical constraints of the • property, such as legal nonconforming structures, size, shape, topography or lot orientation, and that the strict application of the Zoning Code results in hardships that are inconsistent with the purpose and intent of the Zoning Code. 2. The requested modification will be compatible with existing development in the neighborhood. 3. The granting of such an application m7l not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Analysis: The Parallel Review Beginning on January 1, 2004, applicants for modification permits were required to provide a written statement incorporating the three proposed findings to justify the modification. At the end of each meeting, the Modifications Committee remained in session and reviewed each application on the agenda for a second time using the project justification statement to determine if the three proposed findings could be made. • �J Modification Permit Procedures October 12, 2004 Page. 3 From January 28, 2004 to May 26, 2004, the Modifications Committee reviewed 34 modification permit applications that would have been subject to the proposed findings. Using the existing findings, only one of 34 applications (2.9 %) was denied. Using the proposed findings, 16 applications (47 %) would have been denied. It should be noted that the applicants did not actively participate in the parallel review process. The Modifications Committee conducted the parallel review using only the project justification statement provided by the applicant and information disclosed during the public hearings. In an actual public hearing situation, an applicant might be able to provide additional information that could result in a different outcome. Likewise, applicants might also opt to revise their applications to make them more likely to meet all of the proposed required findings. Therefore, the high percentage of denials may not be indicative of the outcome of future modification permit hearings, should the proposed findings be adopted. Nearly all (87.5°/x) of the applications were denied in the parallel review only because they failed to meet Finding No. 1. This finding is intended to address the Council's concern of abuse of the City s development standards pertaining to setback limitations and building design/configuration. With this finding, an applicant would be required to clearly provide facts that demonstrate the need to deviate from the Code. Specifically, an • applicant would need to show the modification is necessary due to physical limitations present on a particular property, as opposed to simply wanting the modification to accommodate a particular design. The Modifications Committee would be directed to consider the physical aspects of the property and /or location of existing structures that do not generally apply to other properties in the immediate vicinity. Staff recently met with three architects who regularly represent modification permit applicants to discuss the proposed changes to the modification permit process. All three expressed concerns over Finding No.1. Specifically, they believed that Finding No. 1 requires that the property be unique and that this would preclude the approval of modifications that are consistent with the development pattern in the surrounding area. To address these concerns, the City Council may consider revising Finding No. 1 to remove the references to size, shape, topography, and other the physical constraints of the property to read as follows: 1. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in hardships that are inconsistent with the purpose and intent of the Zoning Code. • 1 Required findings for lot line adjustments, tentative parcel maps, condominium conversions, and similar applications assigned to the Modifications Committee would not be changed. Modification Permit Procedures October 12, 2004 Page 4 Zoning Administrator The Modifications Committee is subject to the Brown Act2. As a result, Modification Committee members are prohibited from discussing applications outside of open meetings. This has proved to be problematic since it precludes Building, Planning, and Public Works staff members from reviewing an application together in advance of the meeting. In fact, staff members must visit project sites individually. In contrast, all other applications (use permits, variances, parcel maps, etc.) are routinely distributed to these departments for comments and recommendations before they are submitted to the decision - making body. Thus, the Modifications Committee cannot take full advantage of the review process without risk of violating the Brown Act. Furthermore, the Modification Committee's review of the application at the hearing has been said to appear as "deal making" as they attempt to reach a consensus. One solution to this problem is to replace the Modifications Committee with a zoning administrator. Zoning administrators are used by numerous communities to serve as a hearing officer and to render decisions on minor discretionary applications. The zoning administrator would be a qualified Planning Department staff member, appointed by the Planning Director. Since the decision - making authority would be assigned to a single staff member, the zoning administrator would be free to consult with other departments without violating the Brown Act. The zoning administrator would have the authority to render decisions on applications currently assigned to the Modifications Committee. In addition, there are approximately a dozen duties requiring approval authority assigned to, the Planning Director by the Zoning Code, which could be transferred to the Zoning Administrator. Public notice and appeal procedures would not be affected. Prepared by: 4 � �z 4 ve: � �"� Patrick J. A ford Senior Planner Attachments: 1. Modification Permit Findings Study. 2. Correspondence. Submitted by: Patricia L. Temple Planning Director • • Y The Ralph M. 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Jeannette SUISPLEMENTAL APPLICATION: P WECTASTIFICATION REQUEST ;9496455983 # 1/ 1 The City Council has directed the Modifications Committee to study and document the following: Review and evaluate all newly submitted Modification Permit Applications utilizing the three project criteria listed below. The study will encompass Modifications Committee agenda items for approximately four months. The supplemental application information will be discussed and evaluated by the Modifications Committee at the end of the meeting, separately and apart of the decision making process. This case study information will be presented to the City Council as supporting documentation in their review of a proposed Code Amendment (Amendment to the Zoning Code). The intent of the code amendment is to establish objective findings or revise current Modification Permit Findings utilized by the Modifications Committee in the decision making process, Therefore, effective January 1, 2004, all Modification Permit applications received in the Planning Department shall include a written applicant's statement addressing the three project criteria listed below (applications submitted without the accompanying statement may be deemed in omplete which may cause a delay in the processing of the application). Additional Information Request: Please provide a detailed description of the proposed request in relation to each of these criteria and clearly state only the objective reasons for requesting a Modification Permit. (Attach additional sheets if necessary). � � t � /�Pxw9 r 0� # Proiect Criteria: 11V MOP, "41W Oi))VOtR 4 C AA Nan e0l. 15;A4pr tfV d4C ;"x�^AW arfe A, i I how does strict application of the Zoning Code result in hardships that are inconsistent with the purpose and intent of the Zoning Code? �ma�ilf lt_�� lop. 1 F e- ray i J "1 B. How will the requested nx dification be compatible with existing development(s) in the neighboi houd? u .. McC _ C. How and why will the granting of such an application not adversely affect the health or safety of persons residing or working in the neighborhood of the property IAi1M} eirimental to the general welfat; or injurious to property or improvements in the neighborhood? iy ju, -4* &R>!tNlixe op P( -;dmop r7e. , Z �10y110Ny cX IN Application identification (For Office Use Only) • F9IJSERSIFLN \Shnrv.dWods 2003 \SUPP -APP Criteria 12- 20•03.doc Alford, Patrick M: Sk000ler@aol.com t: Wednesday, September 22, 2004 11:30 AM .: palford @city.newport- beach.ca.us; email @customarchitecture.com Subject: Mod squad Hi Pat. If I don't do this know it won't get done. After reviewing the findings or project criteria I like what I see except # A. I believe a simpler aproach would solve my concerns. Something like this A. How is the granting of this application consistant with the purpose and intent of the Zoning Code. Thanks Todd Schooler • • 1 7 NOTICE OF PUBLIC HEARING Code Amendment No. 2003 -003 (PA2003 -080) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for Code Amendment No. 2003 -003. An amendment to Chapter 20.93 (Modification Permits) and 20.90 (Application and Filing Fees) to revise the Required Findings Section, replace the Modifications Committee with a zoning administrator, and other associated revisions for processing a Modification Permit. NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 9th day of November, 2004, at the hour of 7_00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerl City of Newport Beach ��� �JCG�3'^) I0— a-��Ji Innw to - t NOTICE OF PUBLIC HEARING Code Amendment No. 2003 -003 (PA2003 -080) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for Code Amendment No. 2003 -003. An amendment to Chapter 20.93 (Modification Permits) and 20.90 (Application and Filing Fees) to revise the Required Findings Section, replace the Modifications Committee with a zoning administrator, and other associated revisions for processing a Modification Permit. NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 9th day of November, 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. "�-- 9 � �. � G G LaVonne M. Harkless, City Clerl City of Newport Beach NOTICE OF PUBLIC HEARING Code Amendment No. 2003 -003 (PA2003 -080) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for Code Amendment No. 2003 -003. An amendment to Chapter 20.93 (Modification Permits) and 20.90 (Application and Filing Fees) to revise the Required Findings Section, replace the Modifications Committee with a zoning administrator, and other associated revisions for processing a Modification Permit. NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 9th day of November, 2004, at the hour of 7_00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. ` - 9, 1'-"A b Wm G Clerl� �✓ LaVonne M. Harkless, City er J City of Newport Beach NOTICE OF PUBLIC HEARING Code Amendment No. 2003 -003 (PA2003 -080) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for Code Amendment No. 2003 -003. An amendment to Chapter 20.93 (Modification Permits) and 20.90 (Application and Filing Fees) to revise the Required Findings Section, replace the Modifications Committee with a zoning administrator, and other associated revisions for processing a Modification Permit. NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 9th day of November, 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerj U City of Newport Beach Jam Free Printing User Group \Uscrgrouplabelsl -fit www.averycom Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY Fred Wood Vincent DiBiasi 214 Opal Avenue 2515 E. Coast Highway, 3B Newport Beach, CA 92662 Corona Del Mar, CA 92625 Jim Kehr Katzmaier Newell Kehr, Architects 2728 E. Coast Highway Corona Del Mar, CA 92625 Gary G. Dial & Company 1820 Toyon Lane Newport Beach, CA 92660 Steve Lieber 1340 Reynolds Ave #115 Irvine, CA 92614 -5503 The Keith Companies 19 Technology Drive Irvine, CA 92618 -2334 Rush N. Hill, 11 The Hill Partnership, Inc. 115 Twenty - Second Street Newport Beach, CA 92663 i Mike Kilbride P.O. Box 3341 Newport Beach, CA 92659 Douglas E. Pancake Irwin Architectural Group 7400 Center Avenue, Suite 215 Huntington Beach, CA 92647 Allen J. Shiroma Rockwell Semiconductor Systems, Inc. 4311 Jamboree Road, MS -504 -339 Newport Beach, CA 92660 -3095 Kevin A. Schley 25225 MacKenzie St. Laguna Hills, CA 92653 -5107 Bill Ficker 417 30th Street Newport Beach, CA 92663 David P illman, AIA 1101 Sierra Vista Drive La Habra, CA 90631 John Morgan 18692 Beachmont Ave Santa Ana, CA 92705 Mr. Jeff Chamley 1604 Monrovia Ave Newport Beach, CA 92663 -2008 Lawrence A. Frawell The Hill Partnership,lnc. 115 22nd Street Newport Beach, CA 92663 Rich Bluth, P.E. 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Hogan Todd Schooler Philip Bettencourt 201 Via Quito 301 E. 17i' Street Ste. 204 110 Newport Center Drive, Suite 150 Newport Beach, CA 92663 Costa Mesa, CA 926274727 Newport Beach, CA 92660 Barbara Wold Lynne Fishel Jim Duda PO Box 5755 BIA Fritz Duda Company Balboa Island, CA 92662 17744 Sky Park Cir, #170 3425 Via Lido Irvine, CA 92614 -4441 Newport Beach, CA 92663 -3908 Brad McNamet Jerry King Jackie Hare PO Box 378 P.O. Box 7992 J.L. Hare Associates Corona Del Mar, CA 92625 Newport Beach, CA 92658 -7992 505 N Tustin Ave #212 Santa Ana, CA 92705 -3735 Ralph A. Chenier Derek Niblo Rick Correia - Gensler California Pacific Homes 3355 Via Lido, Suite 255 4675 Macarthur Ct #350 38 Executive Park, Suite 200 Newport Beach, CA 92663 Newport Beach, CA 92660 Irvine, CA 92614 Jeffrey Davies Jeffrey Mattox Roy Freeman XRI California Pacific Homes Strada Properties i 23042 Alcalde Drive, Suite F 38 Executive Park, Suite 200 140 Newport Center Dr. Ste. 100 Laguna Hills, CA 92653 Irvine, CA 92614 Newport Beach, CA 92660 John Blom Gregory Pitcher John Blom Custom Photography 614 Powell Place 1732 E. Coast Hwy Newport Beach, CA 92663 Corona del Mar, CA 92625 Karen Natland Troy Mikulka Kenneth E. Jack 9 Windsor 617 Acacia Avenue Pacific Life Ins. Company Newport Beach, CA 92660 Corona Del Mar, CA 92625 700 Newport Center Drive Newport Beach, CA 92660 Richard Cooling Kari Marsh 2503 EastbluffDr #205 4500 Campus Drive, Suite 626 Stan Andrade Newport Beach, CA 92660 -3505 24981 Dana Point Harbor Dr #201 Newport Beach, CA 92660 Dana Point, CA 92629 -2931 w09ks ®AAE3W W ® �V'A'?W18'i .�., -- �091s 31VfdN13J V 9> 11 07'lSIiACA111NM � l�tleuU9 �u �imr Jam Free Printing www.averycom Use Avery® TEMPLATE 51600 1- 800-GO -AVERY Don Galbraith Tricia Moore Greentree Development Comp. Orange Coast Assoc. of Realtors 2328 N. Batavia St, Ste. 112 401 North Newport Blvd Orange, CA 92865 Newport Beach, CA 92663 Stewart Morse Jim Santamello 8105 Irvine Center Dr #5375 3 Morro Bay Irvine, CA 92618 -3073 Irvine, CA 92602 Gifford, Anne K Kiser, Steven 705 West Bay Ave. 524 Cameo Highlands Drive Newport Beach, CA 92661 -1156 i Costa Mesa, CA 92626 McDaniel, Earl Selich, Edward 127 Jade Street 627 Bayside Drive Balboa Island, CA 92662 Newport Beach, CA 92660 Robert J. Dunham Rob R n David Blankenhorn Birch Suite 100 Harbor National Bank Newport Beach, CA 92660 895 Dove St., Suite 1 Newport Beach, CA 92660 Newport Beach, CA 922 660 S AVERY® 51600 Derek Niblo & Co. 3355 Via Lido, Ste. 255 Newport Beach, CA 92663 Gay Wassel -Kelly Balboa Beacon/News PO Box 4336 Balboa Island, CA 92661 Tucker, Larry 11 Burning Tree Rd Newport Beach, CA 92660 Carol Hoffman Government Solutions 230 Newport Center Dr. Ste. 200 Newport Beach, CA 92660 Seymour Beek Clayton Shurley Ms. Kim Barone Scherer 410 So. Bay Front 4341 MacArthur Blvd., #B PO Box 11982 Balboa Island, CA 92662 Newport Beach, CA 92660 Santa Ana, CA 92711 -1982 Gary Di Sano Veronica Cubian Stephen Sutherland 1840 Leeward In. 449 W Allen Ave #109 4500 Campus Dr., Suite 650 Newport Beach, CA 92660 -3801 San Dimas, CA 91773 Newport Beach, CA 92660 John Saunders John Robinson Bob Black Saunders Property Co. c/o Amelia's 400 Main St. 4525A MacArthur Blvd. 311 Marine Avenue Balboa Island, CA 92661 Newport Beach, CA 92660 Balboa Island, CA 92662 Ms. B.J. Johnson Mark Murrel Ronald L. Baers 23 Canyon Crest Drive. 2439 W. Coast Hwy, Ste. 200 446 Old Newport Blvd., Ste. 202 Corona del Mar, CA 92625 Newport Beach, CA 92663 Newport Beach, CA 92663 Patti Cox Craig Batley Gregg Schwenk Newport Beach Film Festival 3408 Via Oporto #202 2901 Newport Blvd. Newport Beach, CA 92663 Newport Beach, CA 92663 4540 Campus Drive Newport Beach, CA 92660 o"IS ®J EMV { ®0915 31V1 �� umr Jam Free Printing Use Avery® TEMPLATE 5160® •� 1-80"0-AVERY AVERY® 5160® Kevin Weeda Bissell Architects Longman Construction CWI Develo 412 Signal Road Newport ment George Bissell, FAIR West Street 446 Old Newport Blvd Newport Bee ach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 James C. Person, Jr. Gouvis Engineering Dolores Ottery Attorney at Law Mike Houshmand 507 29" Street, Suite A 4400 Campus Dr ve P.O. Box 9278 Newport Beach, CA 92663 Newport Beach, CA 92660 Newport Beach CA 92658 -9278 Jerry Tucker & Assoc. The Irvine Company Robert Bein, William Frost & Associates 350 E. 17i° Street, #210 Rick A. Wandrocke Michael J. Morse, P.E. Costa Mesa, CA 92627 550 Newport Center Drive 14725 Alton Pkwy Newport Beach, CA 92660 Irvine, CA 92619 Jim Nebel Birtcher Construction Services Christopher Torrey, ALA PM Realty Group Andrew Youngquist LPA 4675 MacArthur Court, Suite 470 275 E. Baker Street, Ste A 17848 Sky Park Circle Newport Beach, CA 92660 Costa Mesa, CA 926264504 Irvine, CA 92614 IPA Kraft Architects Irvine Apartment Communities Karen L. Thomas David J. Prickett Richard E. Lamprecht 17848 Sky Park Circle 1470 Jamboree Road, Suite 200 550 Newport Center Drive, Suite 300 Irvine, CA 92614 Newport Beach, CA 92660 Newport Beach, CA 92660 -7011 Imagine That Barry Walker R.A. Jeheber Mark Teale 410 32nd Street, Suite 202 m 730 W. 17 St Rod Jeheber 410 32nd Street, Ste 201 Newport Beach, CA 92663 -3804 Costa Mesa CA 92627 4307 Newport Beach, CA 92663 Madison Marquette Retail Services The Irvine Company Af�an Afshaze David Linn Scott McRobie 4675 MacArthur Ct #350 5 Jenner, Suite 100 550 Newport Center Drive Newport Beach, CA 92660 -8833 Irvine, CA 92618 -3808 Newport Beach, CA 92660 Gensler Design Intervention, Inc Gensler Afshan Afshaz Kirk A. Nelson Dianne Dodge 4675 MacArthur Court Suite 350 1400 S. Coast Hwy, Suite 200 4675 MacArthur Court, Suite 350 Newport Beach, CA 92660 Laguna Beach, CA 92651 Newport Beach, CA 92660 CB Richard Ellis DMA The Koll Company Scott Sheridan Daryl Malmberg Donna Guzzetta -Clark 18201 Von Karman Avenue #1055 19100 Von Kalman Avenue, Suite 280 18500 Von Karman Avenue, Suite 120 Irvine, CA 92612 -1068 Irvine, CA 92612 -1539 Irvine, CA 92615 Hutson & Partners Architecture Lyle R. Hutson Dan C Hilton Craig S. Hampton Incorporated m 425 31 Street 11845 SW Thelen Lane Newp ort Beach, CA 92663 417 Street Newport Beach, CA 92663 Portland, OR 97219 v091S ® ® AIL3AV i OOBi .R.w■ *"is S ymm � "11 w6Y*MA1rMMM e1M psi sitar Jam Free Printing www.avery.com Use Avery® TEMPLATE 5160® �� 1- 800 -GO -AVERY AVERY® 5160® Jean Poole 1835 Newport Blvd #D -258 Costa Mesa, CA 92627 AriS Jeffrey W. Russell 1831 Savannah Place La Verne, CA 91750 Hill Partnership Inc. Lawrence A.Frapwell 115 22ed Street Newport Beach, CA 92663 Les Persohn 2535 W Coast Hwy Newport Beach, CA 92663 Andrade Architects, Inc. Stabkey J. Andrade The Woods Group Architects 24981 Dana Point Harbor Drive, Suite 120 Gary L. Polittle Dana Point, CA 92629 151 Kalmus Drive, Suite J -7 Costa Mesa, CA 92626 WATG Leslie J. Shammas 2260 University Drive Newport Beach, CA 92660 Wynn & Associates Robert L. Wynn i 1601 Dove Street, Suite 115 Newport Beach, CA 92660 Mike Hazo 1221 W Coast Hwy Newport Beach, CA 92663 -5026 SLA Steven W. Langford 4 Executive Circle, Suite 190 Irvine, CA 92614 Rich Gardner 18800 Von Karman Ave #200 Irvine, CA 92612 -1517 Back Bay Surveying & Mapping Douglas 0. Foster 2338 Tustin Ave. Newport Beach, CA 92660 Spaces Grace A.Skandalis 19782 MacArthur Blvd, Suite 100 Irvine, CA 92615 WATG Bradley D. Carlson 2260 University Drive Newport Beach, CA 92660 Michael L. Carden, AIA 2230 Newport Blvd. Newport Beach, CA 92663 Tony Valentine Construction, Inc. Tony Valentine 29666 Seriana Laguna Niguel, CA 92677 Loren Blackwood 2128 Mesa Dr Newport Beach, CA 92660 -1709 Eric Brown 1 Hoag Dr Newport Beach, CA 92663 Taylor & Associates Architects William P. O'Rourke 2220 University Drive, Suite 200 Newport Beach, CA 92660 Air Quality Management District David Steed 21865 E. Copley Drive Diamond Bar, CA 91765 -4182 The Blurock Partnership Jon Gomer 2300 Newport Blvd Newport Beach, CA 92663 Glenn Lewis 205 Agate Ave Newport Beach, CA 92662 -1028 Ware & Malcomb Archiects, Inc. Theodore J. 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Jack 700 Newport Center Drive Newport Beach, CA 92660 -6397 Jeff Gilbert (SCE) 7333 Bolsa Ave Westminster, CA 92863 Marine Consulting & Design Skip Homby 324 El Modena Avenue Newport Beach, CA 92663 Interior Planning Associates 412 North Coast Hwy, Suite 374 Laguna Beach, CA 92651 Bill Guideno 342 62' St Newport Beach, CA 92663 Madison Marquette Retail Services Dean Alstrup 5 Jenner, Suite 100 Irvine, CA 92618 -3808 Regis Contractors, L.P. William G. Albert 18825 Bardeen Avenue Irvine, CA 92612 -1520 J. Randall Roberts P.O. Box 9786 Newport Beach, CA 92658 Pulaski Arita Olsson, Inc. Rolly Pulaski 3620 Birch Street, Suite 250 Newport Beach, CA 92660 PM Realty Group David T. Girty 4675 MacArthur Court, Suite 470 Newport Beach, CA 92660 Pacific Bay Homes Chris Yelich 4041 MacArthur Blvd, Suite 500 Newport Beach, CA 92660 Michael Balsamo Director of Governmental Affairs BIA Orange County Chapter 17744 Sky Park Circle, Ste. 170 Irvine, CA 92614 Heman Montoya 25001 Acacia Lane Laguna Hills, CA 92653 Newport Lido Medical Center Madonna Molinari 351 Hospital Road, Suite 307 Newport Beach, CA 92663 Peri Muretta 3 Regalo Drive Mission Viejo, CA 92692 Brad McNamee P.O.Box 378 Corona Del Mar, CA 92625 Ron Yeo, FAIA Architect, Inc. 500 Jasmine Avenue Corona Del Mar, CA 92625 RNM Steven Gregory Hall 4611 Teller Avenue, Suite 100 Newport Beach, CA 92660 Lyon Management Group, Inc. Sam LaPresta 4490 Von Karman Avenue Newport Beach, CA 92660 LPA Thomas P. Morrissey 17848 Sky Park Circle Irvine, CA 92614 Ian Harrison 1936 Teresita Ln Newport Beach, CA 92660 Brion Jeannette 470 Old Newport Blvd Newport Beach, CA 92663 -4211 Scot Martin Associates Scot Martin 31588 West Nine Drive Laguna Niguel, CA 92677 Nadel Architects, Inc. David Jacobson 1990 So. Bundy Drive Los Angeles, CA 90025 DESA Structural Miroslav C. Lhotsky 4500 Campus Drive, Suite 668 Newport Beach, CA 92660 Andrew Goetz 250 Newport Center Drive, Suite 102 Newport Beach, CA 92660 is ®J�AV AaaA"9 008-1, sons uvwwu gkmv "n wwAiwwrm m euolaa seu carer Smooth Feed SheetSTM Use template for 5160® MARINAPARK OWNERS ASSOCIATION NEWPORT BEACH RESTAURANT ASSOCIATION NEWPORT ISLAND INCORPORATED CATHIMARIE'S, INC. ATTN: BOB SEYMOUR NEWPORT BCH RESTAURANT ASSN ATTN: JIM MILLER 1770 BALBOA BLVD W 9A PO BOX 2295 3903 MARCUS AVE NEWPORT BEACH CA 92663 i NEWPORT BEACH CA 92659 NEWPORT BEACH CA 92663 1 MARINE AVENUE B.I.D. NEWPORT BEACH TOWNHOUSES ASSN. NEWPORT KNOLLS HOMEOWNERS ASSN. J. L. GILL MANAGEMENT, INC. MARINE AVENUE B.I.D. ATTN: JOYCE GILL ATTN: JANET LUKE PO BOX 2295 2872 DEVOY 848 HALYARD NEWPORT BEACH CA 92659 ANAHEIM CA 92804 2 NEWPORTBEACH CA 92663 MARINERS COMMUNITY ASSN. NEWPORT CENTER ASSOCIATION NEWPORT MOORING ASSN. ATTN: JO VANDERVORT NO CONTACT INFORMATION ATTN: SARAJANE TOWNDRCW 1147 PEMBROKE LN PO BOX 1118 NEWPORTBEACH CA 92660 3 CA 5 NEWPORTBEACH CA 92659 MARINERS MILE ASSN. NEWPORT COAST (MASTER) NEWPORT NORTH TOWNHOMES ASSN. MERIT PROPERTY MANAGEMENT TRANS PACIFIC ATTN: NED MC CLINE ATTN: MELODIE LAMONT ATTN: GENE RASCON 424 E. 16TH ST. 1 POLARIS WAY 100 2020 FAST 1 ST ST. 500 COSTAMESA CA 92627 3 ALISO VIEJO CA 92656 7 SANTA ANA CA 92705 A MARRIOTT NEWPORT COAST VILLAS NEWPORT CONDOS ASSN. NEWPORT PIER ASSOC. VILLAGEWAY MANAGEMENT COMPANY ATTN: DIANA HARRISON, MGR. ATI'N. JILL CARSON NO CONTACT INFORMATION 23000 NEWPORT COAST DR P. O, BOX 4708 ' NEWPORTBEACH CA 92657 6 IRVINE CA 92716 2 CA 1 MEDICAL CENTER PLAZA AT NEWPORT CENTER NEWPORT CREST HOMEOWNERS ASSOC. NEWPORT RIDGE (MASTER) PCM MERIT PROPERTY MANAGEMENT ATTN: LILL4NE COKER ATTN: PAMELA BASHLINE ATTN: CINDY CATTERN P.O. BOX 15905 23726 BIRTCHER DR. 1 POLARIS WAY NEWPORTBEACH CA 92659 5 LAKE FOREST CA 92630 2 ALISO VIEJO CA 92656 7 i MONTECITO NEWPORT HEIGHTS COMMUNITY ASSOC. NEWPORT RIDGE APARTMENTS KEYSTONE PACIFIC PROPRERTY MGMT IAMC ATTN: SUSAN BAKER ATTN: JANINE ALLEN ATTN: YUN MI PAK 16845 VON KARMAN 200 406 SAN BERNARDINO 43 DISCOVERY 150 IRVINE CA 92606 6 NEWPORT BEACH CA 92663 2 IRVINE CA 92618 7 MONTSERRAT NEWPORT HILLS COMMUNITY ASSOC, NEWPORT RIDGE NORTH MAINTENANCE ASSOC. COMMON INTERESTS INC VILLAGEWAY MANAGEMENT COMPANY KEYSTONE PACIFIC PROPERTY MGMT ATTN: KATHLEEN HAWKINS ATTN: LISA TERRY ATTN: SHERY L UGGEN 3551 CAMINO MIRA COSTA N P. O. BOX 4708 16856 VON KARMAN 200 SAN CLEMENTE CA 92672 7 IRVINE CA 92716 7 IRVINE CA 92606 7 NS CHAMBER OF COMMERCE NEWPORT HILLS ESTATES ASSOCIATION NEWPORT RIDGE SUMMIT VILLAGEWAY MANAGEMENT COMPANY BHE MANAGEMENT CO ATTN: RICHARD LUEHRS ATTN: LISA TERRY ATTN: MARLA HEMMEL 1470 JAMBOREE RD P. O. BOX 4708 PO BOX 7736 NEWPORTBEACH CA 92660 5 IRVINE CA 92716 7 LAGUNA BEACH CA 92607 7 NEWPORT BAY TOWERS NEWPORT HOMEOWNERS ASSOC NEWPORT RIDGE VISTAS NORTHWOOD ASSOCIATIONS MANAGEMENT CO MERIT PROPERTY MANAGEMENT ATTN: E. JOHN THEMIOS ATTN: CINDY CATTERN 4840 IRVINE BLVD 208 1 POLARIS WAY 100 CA 1 IRVINE CA 92620 4 ALISO VIEJO CA 92656 Q 0. AVERY® Address Labels Laser 5160® Smooth Peed SheetSTM Use template for 51600 ESTATES, THE HARBOR RIDGE MASTERS ASSOC. JASMINE PARK HOMEOWNERS ASSOC. BHE MANAGMEENT NANCY RYAN - GENERAL PROPERTY MANAGER VILLAGEWAY MANAGEMENT COMPANY � ATTN: MARK HEMMEL ATTN, MANAGEMENT REP ATTN: LYNNE SHELTON 2490 VISTA DEL ORO PO BOX 4070 1 CORPORATE PARK DR 200 NEWPORTBEACH CA 92660 7 COSTAMESA CA 92626 7 IRVINE CA 92716 E FAR WEST NEWPORT RESIDENTS ASSOC. HARBOR VIEW BROADMOOR ASSOC. LIDO ISLE COMMUNITY ASSOC. VILLAGEWAY MANAGEMENT COMPANY NO CONTACT INFORMATION ATTN: JILL CARSON ATTN: SID CROSSLEY P. 0. BOX 47DB 115 VIA KORON CA 2 IRVINE CA 92716 6 NEWPORT BEACH CA 92663 1 FASHION ISLAND MERCHANTS ASSOC. HARBOR VIEW COMMUNITY ASSOCIATION LIDO MARINA VILLAGE FASHION ISLAND MANAGEMENT VILLAGEWAY MANAGEMENT COMPANY MARVN ENGINEERING ATTN: SHAYNE VOORHEIS ATTN: MANAGEMENT REP ATTN: DONNA LARSON 401 NEWPORT CENTER DR A 150 P. 0. BOX 4706 3400 VIA OPORTO 104 NEWPORTBEACH CA 92660 5 IRVINE CA 92616 7 NEWPORT BEACH CA 92663 1 GRANVILLE COMMUNITY ASSOCIATION HARBOR VIEW HILLS COMMUNITY ASSOC. LIDO MOBILE HOME PARK ASSOCIATION ATTN: SETH M OBERG ATTN: IRIS KIMMEL ATTN: DON FUNK 172 VILLA POINT DR PO BOX 7219 710 LIDO PARK DR ! NEWPORTBEACH CA 92560 5 NEWPORTBEACH CA 92660 6 NEWPORT BEACH CA 92663 1 HARBOR COVE COMMUNITY ASSOC. HARBOR VIEW HILLS SOUTH H 0 A LIDO PENINSULA COMPANY KEYSTONE PACIFIC PROPERTY MGNT. THE EMMONS COMPANY BELLPORT GROUP ATTN: MANAGEMENT REP ATTN: LEE LEIBENSON ATTN: MANAGEMENT REP 16845 VON KARMAN 200 17300 REDHILL AVENUE 210 101 SHIPYARD WAY G IRVINE CA 92606 5 IRVINE CA 92614 7 NEWPORTBEACH CA 92563 7 HARBOR HILL HOMEOWNERS ASSN. HARBOR VIEW KNOLL COMMUNITY ASSN. LIDO SANDS COMMUNITY ASSOCIATION MERIT PROPERTY MANAGEMENT INTEREST. INC. ATTN: DAVE HASAN ATTN: KATHLEEN HAWKINS ATTN: DANA KROEGER 1 POLARIS WAY 100 3551 CAMINO MIRA COSTA N 4831 LIDO SANDS DR ALISOVIEJO CA 92656 7 SAN CLEMENTE CA 92672 7 NEWPORTBEACH CA 92663 HARBOR ISLAND COMMUNITY ASSN. HARBOR WOODS HOMEOWNERS ASSN. LINDA ISLE COMMUNITY ASSOC. VILLAGEWAY MANAGEMENT CO ATTN: JOHN MARTIN ATTN: EDDA DAVEY ATTN: PEGGY LONG 32 HARBOR ISLAND PO BOX 4706 617 NARCISSUSAVE NEWPORTBEACH CA 92660 5 IRVINE CA 92616 7 CORONA DEL MAR CA 92625 - HARBOR POINTE HOMEOWNERS ASSN. IRVINE TERRACE COMMUNITY ASSN. LITTLE BALBOA ISLAND P.O. ASSOC. VILLAGEWAY MANAGEMENT CO. MERIT PROPERTY MANAGEMENT ATTN: MARGIE BROWN JIM GESNER, MERIT PROPERTY MGMT. ATTN: DEL CHESEBRO PO BOX 4708 1 POLARIS WAY 100 1506 PARK AVE IRVINE CA 92716 5 ALISO VIEJO CA 92656 5 BALBOA ISLAND CA 92662 - HARBOR RIDGE CREST HOMEOWNERS ASSOC. ISLAND LAGOON HOMEOWNERS ASSN. LOS TRANCOS MAINTENANCE ASSOC NANCY RYAN - GENERAL PROPERTY MANAGER PROGRESSIVE COMM MGMT KEYSTONE PACIFIC PROPERTY MGMT ATTN: NANCY RYAN ATTN: DORI KAGAN ATTN: MAUREEN FITZPATRICK PO BOX 4070 27405 PUERTA REAL 300 16845 VON KARMAN 200 COSTA MESA CA 92628 7 MISSION VIEJO CA 92691 5 IRVINE CA 92606 E HARBOR RIDGE ESTATES MAINTENANCE ASSOC. JASMINE CREEK COMMUNITY ASSN. MAI KAI COMMUNITY ASSOC. NANCY RYAN - GENERAL PROPERTY MANAGER TRANS PACIFIC MANAGEMENT ATTN: NANCY RYAN ATTW JOHN GRIFFITH ATTN: ED HARREL PO BOX 4070 110 JASMINE CREEK DR 2020 EAST 1 ST ST. 500 COSTA MESA CA 92626 7 CORONA DEL MAR CA 92625 7 SANTA ANA CA 92705 - /. AVERY® Address Labels Laser 51600 Jam Free Printing www.averycom Use Avery® TEMPLATE 51600 1- 800- GO-AVERY ❑AIRY® 5160® John Morgan 18682 Beachmont Ave Santa Ana, CA 92705 Chris Light 1401 Quail Street, Suite 120 Newport Beach, CA 92660 Chris Walton 126 E. Ocean Front Newport Beach, CA 92661 Chuck S. Mirjahangir Engineering & Management Consulting Services 18141 Beach Blvd., Suite #120 Huntington Beach, CA 92648 Nasser Khaef, P.E. DEJ Structural Consultant 2200 S. Coast Hwy, Apt. C Laguna Beach, CA 92651 L.C. Miller Shellmaker Inc 875 W 15' St #B Newport Beach, CA 92663 -6152 Tuk Russell 460 Goddard Irvine, CA 92618 John F. McNeely 151 Kahnus Dr. C -160 Costa Mesa, CA 92626 A Azizoliahi 2937 E. Coast Hwy Corona Del Mar, CA 92625 Michael S. Cunningham, AIA Taylor & Associates 2220 North University Drive Newport Beach, CA 92660 Cydney Richards Insignia ESG 8105 Irvine Center Dr Irvine, CA 92618 -3073 Denise Fejtek Keith Companies 19 Technology Dr. Irvine, CA 92618 -2334 Kurt Donat 503 32'a Street, Suite 130 Newport Beach, CA 92663 Eric F. Mossman 2025 W. Balboa Blvd, Suite B Newport Beach, CA 92663 Rick Bratible 250 Newport Center Dr, Suite 102 Newport Beach, CA 92660 Lee Schwieterman H. Hendy Assoc. 2415 Campus Dr., Ste 110 Irvine, CA 92612 Thomas P. Lennon, AIA Carlile Coatsworth Architects, Inc. 2458 Dupont Drive Irvine, CA 92612 Gordon Harvin Glass 2024 Avenida Chico Newport Beach, CA 92660 ®09L5 ® AV A113060910Y-L ®09L5 31V WVIR1 eAMV asn IYODXOA¢'MMM .. r Glmin- OAU umf Smooth Feed SheetsTM Use template for 5160 ALTEZZA BAYSHORES COMM UNITY ASSN. BIG CANYON COMMUNITY ASSOC. (MASTER) KEYSTONE PACIFIC PROP MGMT THE EMMONS CO VILLAGEWAY PROPERTY MGMT ATTN: ANTONIO CARVALHO ATTN: PAM COTTER ATTN: MIKE KUBAS 16845 VON KARMAN 200 17300 REDHILLAVE 210 P. O. BOX 4708 IRVINE CA 92606 6 IRVINE CA 92614 3 IRVINE CA 92616 AMERICAN LEGION POST #291 BAYSIDE COVE HOMEOWNERS ASSN. BIG CANYON TOWNHOMES ASSOC. PCM M &N COMMUNITY ASSN MGMT ATTN: DENNIS LAHEY ATTN: SCOTT MOURER ATTN: MARLENE NEGOSHOSIAN 215 15TH ST 23726 BIRTCHER DR 16742 GOTHARD NEWPORT BEACH CA 92663 1 LAKE FOREST CA 92630 5. HUNTINGTON BEACH CA 92647 BALBOA COVES COMMUNITY ASSOC. BAYSIDE VILLAGE HOMEOWNERS ASSN. BIG CANYON VILLAS CONDO ASSOCIATION BAYSIDE VILLAGE MERIT PROPERTY MANAGEMENT ATTN: PETE COMPTON ATTN: MANAGEMENT REP ATTN: LINDA L. SUNDELL 56 BALBOA COVES 300 E COAST HWY 1 POLARIS WAY 100 NEWPORTBEACH CA 92663 2 NEWPORT BEACH CA 92660 5 ALISO VIEJO CA 92656 BALBOA ISLAND BUSINESS ASSOC. BAYVIEW COURT HOMEOWNERS ASSOC. BLUFFS H. O. COMMUNITY ASSOC. PCM MGMT CO ATTN: SHERRYDRURY ATTN: MANAGEMENT REP ATTN: C.M. "CORK"LEVINSON P. O. BOX 64 23726 BIRTCHER DR P. O. BOX 8167 BALBOA ISLAND CA 92662 5 LAKE FOREST CA 92630 4 NEWPORT BEACH CA 92658 q BALBOA ISLAND IMPROVEMENT ASSOC. BAYVIEWTERRACE HOMEOWNERS ASSOC. BONITA CANYON MAINTENANCE ASSOCIATION OPTIMUM PROFESSIONAL PROPERTY MERIT PROPERTY ATTN! CRAIG PAIGE ATTN: MANAGEMENT REP ATTN: J94 GESNER P. O. BOX 54 17731 IRVINE BLVD 1 POLARIS WAY 100 BALBOAISLAND CA 92662 5 IRVINE CA 92780 4 ALISO VIEJO CA 92656 q BALBOA MERCHANT OWNERS ASSOCIATION BEACON BAY COMMUNITY ASSOC. BORDEAUX APARTMENTS ATTN: GAY WASSELL -KELLY ATTN: MILT BOWER ATTN: JESICA BERGIN, ON- SITE MGR PO BOX 4336 70 BEACON BAY 1 AMBROISE BALBOA CA 92661 1 NEWPORTBEACH CA 92660 5 NEWPORTBEACH CA 92657 i BALBOA PENINSULA POINT ASSOC IATION BELCOURT HILL HOMEOWNERS ASSOC. BREAKERS DRIVE ASSN. M N COMMUNITYASSOCIATION MANAGEMENT ATTN: JEANNE77E THOMAS CHERYL BOLOTIN, MGMT. REP. ATTN: JAY COWAN 2033 SEVILLE ST 16742 GOTHARD STREET 104 3030 BREAKERS NEWPORTBEACH CA 92661 1 HUNTINGTON BEACH CA 92647 4 CORONA DEL MAR CA 92625 5 BALBOA VILLAGE B.I.D. BELCOURT MASTER COMM. ASSOC. BROADMOOR HILLS COMMUNITY ASSN. PROGRESSIVE COMM. MGMT. VILLAGEWAY MGMT BALBOA VILLAGE B.I.D. ATTw DORI KAGAN ATTN: GARY ROSS PO BOX 2295 27405 PUERTA REAL 300 PO BOX 4708 NEWPORT BEACH CA 92659 1 MISSION VIEJO CA 92691 4 IRVINE CA 92616 5 BAY ISLAND CLUB, INC BELCOURT PARK HOMEOWNERS ASSOC. BROADMOOR SEA VIEW HOMEOWNERS ASSN. PROGRESSIVE COMM. MGMT. THE EMMONS COMPANY ATTN: RON MERICKEL ATTN: DORI KAGAN ATTN: MAMGEMENT REP 18 BAY ISLAND 27405 PUERTA REAL 300 17300 REDHILLAVE 210 NEWPORTBEACH CA 92661 1 MISSION VIEJO CA 92691 4 IRVINE CA 92614 i BAYRIDGE PARK HOMEOWNERS ASSN. BELCOURTTERRACE HOMEOWNERS ASSOC. CAMEO COMMUNITY ASSN. ACCELL PROPERTY MANAGEMENT PROGRESSIVE COMM. MGMT. VILLAGEWAY MGMT ATTN: THERESE PRIMM ATTN: DORI KAGAN ATTN: GARY ROSS 25032 ALICIA PKWY H -235 27405 PUERTA REAL 300 PO BOX 4708 MISSION VIEJO CA 92692 4 MISSION VIEJO CA 92691 4 IRVINE CA 92616 Il'AAVERYs Address Labels Laser 5160 Smooth Feed Sheet57M Use template for 51600 NEWPORT SHORES COMMUNITY ASSOC, PACIFIC RIDGE MAINTENANCE ASSOCIATION PROMONTORY BAY COMMUNITY ASSOC. THE EMMONS COMPANY VILLAGEWAY MANAGEMENT COMPANY ATTN: GARY ROSS NO CONTACT INFORMATION ATTN' MANAGEMENT REP 17300 REDHILLAVE 210 P. O. BOX 4708 IRVINE CA 92614 2 CA 6 IRVINE CA 92716 NEWPORT TOWERS HOMEOWNERS ASSOC. PARK LIDO HOMEOWNERS ASSOCIATION RENDEZVOUS CONDOMINIUM ASSN. JD COMMERCIAL MANAGEMENT DIVERSIFIED REAL PROP. MGMT, PERKCAM MGMT CO,. INC. ATTN' CHAD KAPLE ATTN: JULIE GLASSER ATTN: KAREN A DANIELS 3520 CADILLAC B 180 E. MAIN ST 220 1000 W LA PALMA AVE COSTAMESA CA 92626 3 TUSTIN CA 92780 2 ANAHEIM CA 92801 1' NEWPORT UPPER BAY ESTATES PELICAN CREST 1 SAILHOUSE CCBR PCM ATTN: JAN H WESTERMAN JR ATTN: TERRY PISTOLE ATTN: DEBRA SERRANO 2131 ANNNERSARY LN 17942 SKY PARK CIR H 23726 BIRCHER DR NEWPORTBEACH CA 92660 3 IRVINE CA 92614 6 LAKE FOREST CA 92630 Q NORTH BLUFF BAYVIEW COMM. ASSOC. PELICAN CREST II SAINT ANDREWS VILLAGE CMC ASSOCIATION MANAGEMENT KEYSTONE PACIFIC PROPERTY MGMT P.A.S. CO., INC. ATTN: SUE COOK ATTN: ANTONIO CARVALHO ATTN: DORIS HOPE 2492 WALNUTAVENUE 100 16845 VON KARMAN 200 P.O. BOX 2968 TUSTIN CA 92780 4 IRVINE CA 92606 6 COSTAMESA CA 92628 NORTH BLUFF PARK COMMUNITY ASSOC, PELICAN HILL SANCERRE BHE MANAGEMENT MERIT PROPERTY MANAGEMENT SEABREEZE MANAGEMENT CO. ATTN: MARK HEMMEL ATTN: TERRI VACHER ATTN: RASHID KASSIR 2490 VISTA DEL ORO 1 POLARIS WAY 100 39 ARGONAUT 100 NEWPORT BEACH CA 92660 4 ALISO VIEJO CA 92656 6 ALISO VIEJO CA 92656 7 NORTH BLUFF VILLA COMMUNITY ASSOC. PELICAN POINT COMMUNITY ASSOC. (MASTER) SANTA LUCIA NORTHWOOD ASSOCIATIONS MANAGEMENT CO INC MERIT PROPERTY MGMT MERIT PROPERTY MANAGEMENT ATTN: E. JOHN THEMIOS ATTN: TERRY VACCHER ATTN: MANAGEMENT REP 4840 IRVINE BLVD 208 1 POLARIS WAY 100 1 POLARIS WAY 100 IRVINE CA 92620 4 ALISOVIEJO CA 92656 5 ALISO VIEJO CA 92656 E . OCEAN HEIGHTS PELICAN RIDGE ESTATES SEA ISLAND COMMUNITY ASSN. MERIT PROPERTY MANAGEMENT MERIT PROPERTY MANAGEMENT PCM ATTN: MAUREEN WARE ATTN: DONNA PICCIANO ATTN: PAULETTE DUFFY 1 POLARIS WAY 100 1 POLARIS WAY 100 23726 BIRTHCER DR ALISO VIEJO CA 92656 6 ALISO VIEJO CA 92656 6 LAKE FOREST CA 92630 OCEAN RIDGE PLAZA HOMEOWNERS COMMUNITY ASSN, SEA VIEW COMMUNITY ASSN. VILLAGEWAY MANAGEMENT CO CMC ASSOCIATION MGMT THE EMMONS COMPANY ATTN: PHILYOUNG ATTN: SUE COOK ATTN: SCOTT SMITH PO BOX 4708 2492 WALNUTAVE 200 17300 REDHILLAVE 210 IRVINE CA 92616 6 TUSTIN CA 92760 4 IRVINE CA 92614 OCEAN RIDGE III POINTE DEL MAR ASSN. SEAWIND NEWPORT COMMUNITY ASSOC. KEYSTONE PACIFIC PROPERTY MGMT VILLAGEWAY PROPERTY MGMT VILLAGEWAY MANAGEMENT INC ATTN: LISA BRANNON ATTN: MANAGEMENT REP SEAWIND NEWPORT %VILLAGEWAY MGMT 16845 VON KARMAN 200 PO BOX 4708 PO BOX 4708 IRVINE CA 92606 6 IRVINE CA 92616 6 IRVINE CA 92616 ONE FORD ROAD COMMUNITY ASSOCIATION POINTE, THE SHORECLIFFS PROPERTY OWNERS ASSN. KEYSTONE PACIFIC ACTION PROPERTY MGMT THE EMMONS CO ATTN: DEBORAH COLE THE POINTE CIO ACTION PROPERTY MGMT ATTN: SHANNON SMITH 16845 VON KARMAN 200 29 TECHNOLOGY, DR B -100 17300 REDHILLAVE 210 IRVINE CA 92606 4 IRVINE CA 92618 7 IRVINE CA 92614 f NAVERYS Address Labels Laser 5160® Smooth Feed SheetsTM SPYGLASS HILL COMMUNITY ASSOCIATION SEABREEZE MANAGEMENT CO ATTN: MS. DANA BRUNS 39 ARGONAUT AUSO VIEJO CA _92625 SPYGLASS RIDGE COMMUNITY ASSN. THE EMMONS CO ATTN: BARBARA PETERS 17300 REDHILLAVE 210 IRVINE CA 92614 STLAURENT MERIT PROPERTY MGMT ATTN: DIANE GOODCHILD 1 POLARIS WAY ALISO VIEJO CA 92656 ST MICHEL KEYSTONE PACIFIC PROPERTY MGMT ATTN: ANDY LARKIN 16845 VON KARMAN 200 IRVINE CA 92606 TERRACES, THE OF CORONA DEL MAR H.O.A. VILLAGEWAY MANAGEMENT COMPANY ATTN: GARY ROSS P. O. BOX 4708 IRVINE CA 92616 TESORO KEYSTONE PACIFIC PROP MGMT ATTN: ANTONIO CARVALHO 16845 VON KARMAN 200 IRVINE CA 92606 TROVARE MERIT PROPERTY MGMT ATTN: KATE HARRIS 1 POLARIS WAY 100 AUSO VIEJO CA 92656 TWENTYEIGHTH STREET OWNERS ASSN. MERIT PROPERTY MGMT ATTN: JIM STEWART 1 POLARIS WAY 100 ALISO VIEJO CA 92656 NO CONTACT INFORMATION CA VERSAILLES HOMEOWNERS ASSN. ATTN: CINDY KOESTER 901 CAGNEY LANE 7 7 6 7 6 6 6 1 6 NEWPORT BEACH CA 92663 2 ISAVEWO Address labels VILLA BALBOA COMMUNITY ASSN, VI LLAGEWAY MANAGEMENT COMPANY ATTN: CAROLYN BENNET- OUELLET PO BOX 4708 IRVINE CA 92716 VILLA GRANADA COMMUNITY ASSN. ATTN: PAT KRONE 835 AMIGOS WAY 4 NEWPORTBEACH CA 92660 VILLA POINT CONDOMINIUM ASSOCIATION MERIT PROPERTY MANAGEMENT ATTN: JACK ASHTON 1 POLARIS WAY 100 ALISO VIEJO CA 92656 WEST NEWPORT BEACH ASSN. ATTN: ALAN SILCOCK PO BOX 1471 NEWPORTBEACH CA 92659 WESTCLIFF VILLAS ATTN: SUE FRACTMAN 1000 BUCKINGHAM LANE 21 NEWPORT BEACH CA 92663 ZIANI (MASTER) NO CONTACT INFORMATION CA 2 4 5 I 3 6 Use template for 51600 Laser 51600 Smooth Feed SheetsTM Use template for 51600 • CAMPOBELLO CANYON POINT COMMUNITY ASSOC. CORONA DELMAR COMMUNITY ASSOC. I BHE MANAGEMENT VILLAGEWAY MANAGEMENT COMPANY ATTN: MARLA HEMMEL ATTN: MIKE KUBAS ATTN: DICK NICHOLS PO BOX 7736 P. O. BOX 4708 519 IRISAVE LAGUNA BEACH CA 92607 6 IRVINE CA 92616 5 CORONA DEL MAR CA 92625 f CANNERY VILLAGE ASSN. CANYON VIEW COMMUNITY ASSOC. CORONA DEL MAR RESIDENTS ASSOCIATION TOTAL PROPERTY MGMT INC ATTN: BUZZ PERSON ATTN: UNDATIETZ CDM RESIDENTS ASSOCIATION 507 29TH ST A 2 CORPORATE PARK 200 PO BOX 1500 179 NEWPORTBEACH CA 92663 1 IRVINE CA 92602 5 CORONA DEL MAR CA 92625 f CANNERY VILLAGE MOBILE HOME PARK ASSN. CASTAWAYS HOMEOWNERS ASSOC. CORONA DEL MAR SANDCASTLE KEYSTONE PACIFIC PROPERTY MGNT. TRANSPACIFIC MANAGEMENT SERVICE ATTN: BUD MARTIN ATTN: DEBRA BAKER ATTN: JOE JENKINS, MGR. 3355 VIA LIDA D 16845 VON KARMAN 200 2020 EAST 1 ST ST. 500 NEWPORTBEACH CA 92663 1 IRVINE CA 92606 3 SANTA ANA CA 92705 f CANYON CREST ESTATES HO ASSOC CENTRAL NEWPORT BEACH COMMUNITY ASSOC. CORONA HIGHLANDS PROPERTY OWNERS PAS ATTN: DORIS HOPE ATTN: LOUISE FUNDENBERG ATTN: ELEANOR LUMSDON PO BOX 2968 608 W BALBOA BLVD 457 CABRILLO TERR COSTAMESA CA 92628 5 NEWPORT BEACH CA 92661 1 CORONA DEL MAR CA 92625 f CANYON CREST ESTATES HO ASSOC. CHANNEL REEF COMMUNITY ASSOC. CRYSTAL COVE COMMUNITY ASSOC. (MASTER) P.A.S. CO., INC. KEYSTONE PROPERTY MGMT ATTN: MS. B. J. JOHNSON ATTN: DR. MARJORIE BAUGHAN ATTN: DON HENEIN 23 CANYON CREST 2525 OCEAN BLVD 16845 VON KARMAN 200 CORONA DEL MAR CA 92625 7 CORONA DEL MAR CA 92625 6 IRVINE CA 92606 f CANYON FAIRWAY COMMUNITY ASSOC. CLIFF HAVEN COMMUNITY ASSOCIATION DOVER SHORES COMMUNITYASSOC. VILLAGEWAY MANAGEMENT COMPANY VILLAGEWAY MANAGEMENT COMPANY ATTN: MIKE KUBAS NO CONTACT INFORMATION ATTN: HOLLY BULLOCK P. O. BOX 4708 PO BOX 4708 IRVINE CA 92616 5 CA 3 IRVINE CA 92616 CANYON HILLS COMMUNITY ASSOC. COMMUNITY ASSOCIATIONS ALLIANCE DOVER VILLAGE COMMUNITY ASSOC. VILLAGEWAY MANAGEMENT COMPANY TOTAL PROPERTY MANAGEMENT ATTN: MIKE KUBAS ATTN: PHILARST ATTN: CAROL LIGHT P.O. BOX 4708 2601 LIGHTHOUSE LN 2 CORPORATE PARK DRIVE 200 IRVINE CA 92616 5 CORONADELMAR CA 92625 7 IRVINE CA 92606 CANYON ISLAND COMMUNITY ASSOC. COROLIDO COMMUNITY ASSN. EASTBLUFF APT. OWNERS ASSOC. VILLAGEWAY MANAGEMENT COMPANY VILLAGEWAY MANAGEMENT COMPANY ATTN: MIKE KUBAS ATTN: JUNE JONES ATTN: STEVE HUMPHREY P. O. BOX 4708 4315 SHORECRESTLN P. O. BOX 4708 IRVINE CA 92615 5 CORONA DEL MAR CA 92625 5 IRVINE CA 92616 q CANYON LAKES COMMUNITY ASSOC. CORONA DEL MAR B.I.D. EASTBLUFF HOMEOWNERS COMMUNITY ASSOC. VILLAGEWAY MANAGEMENT COMPANY THE EMMONS COMPANY ATTN: MIKE KUBAS CORONA DEL MAR B.I.D. ATTN: SCOTT SMITH P. O. BOX 4708 PO BOX 2295 17300 REDHILL AVENUE 210 IRVINE CA 92615 5 NEWPORT BEACH CA 92659 IRVINE CA 92614 q CANYON MESA COMMUNITY ASSOC. CORONA DEL MAR CHAMBER OF COMMERCE EASTBLUFF VILLAGE CENTER VILLAGEWAY MANAGEMENT COMPANY MADISON MARQUETTE RETAIL SERVICES ATTN: MIKE KUBAS ATTN: LUVENA HAYTON ATTN: RANDY DAABOUL P. O. BOX 4708 2543 E COAST HWY 5 JENNER 100 IRVINE CA 92616 5 CORONADELMAR CA 92625 6 IRVINE CA 92618 q ISAVERY® Address Labels Laser 5160® Authorized to Publish Advertisements of all !rind; including public notices by Decree of the Sucerior Ccur; of Crange Coun[v, CaJiferma. NUmbar .A -S:is, Sep[embe, _9, 196 i, and A- 24331 June 11, 1961 PROOF OF PUBLICATION STATE OF CALIFORNIA) COUNTY OF ORANGE � ss. I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in.the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 30, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 30, 2004 at Costa Mesa, California. Signature '04 LIN -6 A9:26 T E',''IYCLE?) E. CH NOFNEOFPOBII(HEANING of Newport EI for (ode ABlNIdfmd Code Amendment No. No. 2003-M 2003 -003. An amendment to (PA20MO) Chapter 20.93 NOTICE IS HEREBY (Modification Permits) GIVEN that the Cit and 20.90 (Application Council of the City of and Filing Fees) to Newport Beach will hold revise the Required a public hearing on the Findings Section, replace application of the (Ity the Modifications Com- mittee with a zonin 9 administrator, and other associated revisions for processing a Modifica- tion Permit. NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. NOTICE IS HEREBY FURTHER GIVEN that said public heng will be held on t ari he 9Th day of November, 2004, at the hour of 7.00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boule- vard, Newport Beach. California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Leilam Brown, Deputy City Clerk for LaVonne M. Harkless, City Clerk, City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot October 30, 2004 '.. Sa7581