HomeMy WebLinkAbout1.0_Draft Minutes_04-06-2017 NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE
THURSDAY, APRIL 6, 2017
REGULAR MEETING-6:30 P.M.
I. CALL TO ORDER—The meeting was called to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE—Commissioner Hillgren
III. ROLL CALL
PRESENT: Vice Chair Peter Koetting, Secretary Peter Zak, Commissioner Bill Dunlap, Commissioner Bradley
Hillgren, Commissioner Raymond Lawler, Commissioner Erik Weigand
ABSENT: Chair Kory Kramer
Staff Present: Deputy Director Brenda Wisneski; Assistant City Attorney Michael Tones; Senior Civil Engineer
David Keely; Police Civilian Investigator Wendy Joe; Principal Planner Jim Campbell;Assistant Planner Melinda
Whelan;Associate Planner Makana Nova;Administrative Support Specialist Jennifer Biddle;Administrative
Support Technician Patricia Bynum
IV. PUBLIC COMMENTS
Jim Mosher expressed concern that the City Council would be considering amendments to the Local Coastal
Program (1-CP)relating to Title 21 of the Municipal Code on April 11, and those amendments seemed to eliminate
the Planning Commission's role in reviewing the amendments.
Assistant City Attorney Torres reported all actions taken were appropriate and in compliance with State law.
V. REQUEST FOR CONTINUANCES
None.
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF MARCH 23, 2017
Recommended Action: Approve and file
Motion made by Commissioner Lawler and seconded by Commissioner Weigand to approve the minutes of March
23, 2017, as presented.
AYES: Koetting,Zak, Lawler,Weigand
NOES: None
ABSTAIN: Dunlap, Hillgren
ABSENT: Kramer
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 BIG NEWPORT 6 ALCOHOLIC BEVERAGE CONTROL LICENSE (PA2016-020)
Site Location: 210 Newport Center Drive and 300 Newport Center Drive
Assistant Planner Melinda Whelan reported the theater contained six auditoriums with 1,134 seats. Alcohol service
would be an accessory use to the theater. No changes were proposed to the existing operation. The only physical
change would be the installation of a guardrail barrier as required by the Department of Alcohol Beverage Control
(ABC). Big Newport 6 and Island Cinema are operated by the same entity. Island Cinema has offered alcohol
service for the past five years with no issues. The Police Department has no objections to alcohol service,and its
recommended conditions of approval were included in the draft resolution. The Police Department is processing
an Operator's License. Staff was able to make all of the required findings and recommends approval of the use
permit. Conditions from the existing use permit have been consolidated into the new resolution.
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In response to Commissioner Dunlap's inquiries,Assistant Planner Whelan advised that the theater operated until
1 a.m. for certain premieres and would be able to serve alcohol until that time. Assistant Planner Whelan
understood customers'hands are stamped to track alcohol purchases.
Vice Chair Koetting suggested adding a condition to require ceasing alcohol service 30 minutes prior to closing.
In reply to Vice Chair Koetting's questions, Police Civilian Investigator Joe indicated three applications had been
submitted by two theaters. Island Cinema obtained a Type 41 license and subsequently upgraded to a Type 47
license. A Type 47 license allowed service of distilled spirits, beer, and wine. A Type 41 license allowed service
of beer and wine. The Police Department had not received any calls for service regarding alcohol at Island Cinema.
Commissioners reported no ex parte communications.
Bruce Evans, applicant, thanked the Police Department for communicating with other jurisdictions regarding
alcohol service at Island Cinema. Every customer would have to present identification to purchase alcohol and
would receive a wristband to track the number of drinks. One customer could purchase no more than two drinks
in one transaction, unless a second customer with evidence of appropriate age was also present. As a matter of
policy,the theater would cease alcohol service at least 30 minutes prior to closing. He agreed to all conditions.
In response to Commissioner Dunlap's questions, Mr. Evans advised that typically alcohol sales ceased at
midnight or earlier in order to vacate the theater by 2 a.m. He agreed to a condition requiring ceasing alcohol sales
at midnight rather than 1 a.m.
In reply to Vice Chair Koetting's questions, Mr. Evans indicated alcohol would be served in all theaters. In
compliance with State standards, a monitor would be present in the theater.
In response to Commissioner Weigand's inquiries, Deputy Director Wisneski reported the license would not allow
customers to bring their own alcohol. Police Civilian Investigator Joe was unsure whether charging a corkage fee
would allow a customer to bring alcohol, but she would advise against allowing that and would object to it. Mr.
Evans added that the theater would not offer that service as part of their operations in any of their theaters.
Vice Chair Koetting opened the public hearing.
Jim Mosher remarked that the theater seemed to want to be a fine dining experience and yet was exempt from
membership in the Newport Beach Restaurant Association. He questioned the theater's request for a Type 47
license when it did not intend to sell distilled spirits. He did not find any conditions limiting alcohol service to
screenings for adults only in order to prevent underage consumption.
Vice Chair Koetting closed the public hearing.
Motion made by Commissioner Hillgren and seconded by Commissioner Dunlap to find this project categorically
exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1, and to
adopt Resolution No. 2053 approving Conditional Use Permit No. UP2016-003 with Condition Number 35
indicating ceasing alcohol sales at midnight.
In reply to Secretary Zak's question, Commissioner Hillgren stated the applicant could return in the future with
a request to extend the time to 1 a.m.
Assistant City Attorney Torres advised that the applicant would have to apply to amend the CUP to request an
extension to 1 a.m. To prevent the applicant from having to apply for an extension, the condition could be
phrased as "12 a.m. for one year and, at the discretion of the Community Development Director that there
were no issues, the time could be extended to 1 a.m."
Amended Motion made by Commissioner Hillgren and seconded by Commissioner Dunlap to find this project
categorically exempt under Section 15301 of the California Environmental Quality Act(CEQA)Guidelines—Class
1,and to adopt Resolution No.2053 approving Conditional Use Permit No. UP2016-003 with Condition Number
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35 indicating 12 a.m.for one year and, at the discretion of the Community Development Director and the Police
Department that there were no issues, the time could be extended to 1 a.m.
Alternate Motion made by Secretary Zak and seconded by Commissioner Lawler to find this project categorically
exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1 and to
adopt Resolution No. 2053 approving Conditional Use Permit No. UP2016-003.
Commissioner Lawler remarked that he did not wish to unnecessarily burden the applicant with returning to extend
the time. A competing theater was not required to stop service at midnight.
Commissioner Dunlap noted the applicant agreed to the condition. The sale of alcohol should be regulated and
monitored. He did not see a need for serving alcohol past midnight.
Secretary Zak agreed with Commissioner Lawler in not giving an advantage to a competing theater.
In reply to Vice Chair Koetting's question, Police Civilian Investigator Joe stated Island Cinema served alcohol until
1 a.m. She was not sure of the hours for the Port Theater.
In response to Commissioner Weigand's inquiry,Assistant City Attorney Torres reported the wording required the
Community Development Director in consultation with the Police Department to decide whether to allow an
extension of hours. The Community Development Director would consider a number of factors in making a
decision.
Assistant City Attorney Torres stated the alternate motion would require four votes to pass. If it did not receive
four votes, the Commission would vote on the amended motion.
Alternate Motion
AYES: Zak, Lawler, Koetting
NOES: Hillgren, Dunlap,Weigand
ABSTAIN: None
ABSENT: Kramer
Amended Motion
AYES: Koetting, Zak, Dunlap, Hillgren, Lawler, Weigand
NOES: None
ABSTAIN: None
ABSENT: Kramer
ITEM NO. 3 DAWSON RESIDENCE VARIANCE (PA2015-224)
Site Location: 2741 Ocean Boulevard
Associate Planner Nova reported the requested variance would allow portions of the new home to exceed the 24-
foot flat-roof height limit and the 29-foot sloping-roof height limit from existing grade and would allow portions of
the garage to encroach into the 10-foot rear setback along Way Lane. At the February 9 Planning Commission
meeting, Commissioners' primary recommendations were: 1) to modify the project design to staffs
recommendations, pulling back the nook and sitting room to the envelope of the existing home and pulling in the
fire pit and pergola to the envelope of the existing home; 2)to re-install story poles for an extended period of time;
3)to provide a detailed construction management plan including parking and construction haul routes; and 4)to
modify the pool location away from the rear setback. The existing home footprint was smaller than the proposed
home. The right-of-way adjacent to Ocean Boulevard was abandoned in 1999 which expanded the area of the
property.
Ms. Nova reported that the applicant had pulled back the proposed home so that it was located within the existing
building envelope along Way Lane. Larger portions of the home would extend over the abandoned right-of-way.
The applicant pulled back the nook and sitting area in the area adjacent to 2735 Ocean Boulevard. Corresponding
decks were pulled back to match the footprint of the new home. The top level contains the main entry from Ocean
Boulevard and the main living areas for the home. The second level contains the primary bedrooms for the
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residence. The third level contains recreation areas. A large portion of the existing footprint encroaches into the
rear setback.
In response to Vice Chair Koetting's questions, Associate Planner Nova explained that the second level of the
existing garage level projected into the rear setback, very close to the property line. The proposed garage
projected approximately 6 feet 5 inches into the rear setback. The fourth level (ground floor)was located within
the envelope of the existing garage level.
Associate Planner Nova advised that the applicant had reduced the pool terrace area from 574 square feet to 145
square feet and removed it from the rear setback; no variance was needed for this. However,the balcony terrace
above the garage projected into the rear setback and would require a variance.
In reply to Commissioners' inquiries, Associate Planner Nova explained the perspective for the section was
misleading because of the curve of the property. The section cut back slightly further at the stair line. The rest of
the home curved because of the perspective view of that location. In Section C, the proposed home was not
located in the setback. Section C did not show the perspective view of the buildings behind the home; Section D
did show the buildings. The upper floors were not located in the rear setback. The garage portion with the balcony
terrace was located in the setback. The curved retaining walls were located in the setback. Walls up to 6 feet in
height were allowed in a rear setback. In the proposed project,the walls extended to 8 feet because of the slope
of the property. The walls were part of the variance.
Associate Planner Nova indicated the overall height of the proposed building would be reduced from the existing
building. The existing building exceeded the curb height by approximately 1-foot; the proposed home would
comply with the top of curb elevation as required by the Zoning Code. As staff recommended,the applicant located
the fire pit/pergola within the envelope of the existing home. In the current design, the applicant located most
features within the envelope of the existing home; therefore, story poles for the proposed home could only be
installed inside the existing home. Staff agreed that doing that was not appropriate and that design
modifications were appropriate. The first-floor plate of the garage level was slightly taller than the existing
garage level. The nook area was designed within the upper-level footprint. The applicant provided an updated
construction management plan, which included an estimate of project phasing, a construction timeline, an
estimate of the number of employees, details of offsite parking, and a construction haul route. Staff received
approximately eight public comments expressing concern since the prior Planning Commission meeting.
Comments included concerns about the structural integrity of nearby homes; requests for insurance policies;
suggesting a common wall condition between the subject property and the adjacent property; and expressing
concern about the overall bulk and scale of the proposed home. The first two issues were civil matters between
the property owner and neighbors. A common wall is a more unusual condition. Staff suggested Condition
Number 25 to help ensure the protection of adjacent structures during demolition. Ms. Nova noted that the
applicant had not agreed to proposed Condition Number 25.
In response to Vice Chair Koetting's inquiries, Associate Planner Nova clarified that Condition Number 25 was
required by the Building Code but would act as a reminder during plan check to ensure the issue was addressed.
For plan check, the applicant would need to provide detailed shoring and structural plans. A civil engineer would
need to examine the plans in greater detail and plan check was the best time to address that. If an issue was
identified, plans would have to demonstrate how the common wall issue would be addressed to prevent an impact
to adjacent structures. A common wall condition may not be realized until demolition was initiated, at which time
the engineer of record would conduct an inspection to confirm that adjacent structures were not impacted.
Commissioner Dunlap did not oppose Condition Number 25 because it existed in the Building Code. All drawings
would need to be submitted by a registered structural engineer. The common wall issue would be determined
during plan check.
Associate Planner Nova indicated staff reviewed the application for compliance with CEQA and the Local Coastal
Program and recommended approval with a Class 3 exemption. Staff filed a categorical exclusion for the property
because it did not exceed the 1.5 times the floor area limit for the property. Staff suggested the approval resolution
be amended to remove Finding E1; to clarify Finding E6 that the pool was not located in the front setback; and to
add Condition Number 25.
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In reply to Secretary Zak's questions,Associate Planner Nova reviewed variances granted for the subject block of
Ocean Boulevard. Variances granted for other properties limited those structures to top of curb.At the worst case,
the proposed pergola/loggia structure exceeded the 24-foot flat roof height limit by 18 feet. She did not have the
number of feet above the 24-foot height limit for those structures. The subject home complied with the top of curb
requirement. Commissioners should discuss the appropriate bulk and scale of the proposed residence.
In response to Commissioner Hillgren's inquiries, Associate Planner Nova explained that the deadline for
Commission action was May 4 under the Permit Streamlining Act. Assistant City Attorney Torres clarified that, if
the Commission did not act prior to May 4, the applicant could take action to have the application declared as
deemed approved. The State Code allowed only one 90-day continuance, which began at the February 9th
Commission meeting. The May 4 deadline could not be extended.
Commissioners Hillgren, Koetting, and Lawler each reported one conversation with a neighbor since the last
hearing. Commissioner Dunlap reported meeting with the applicant twice since the application was filed.
Commissioner Weigand reported meeting with the applicant and a neighbor's consultant. Secretary Zak reported
no ex parte communications.
Raquel Dawson, applicant, believed the revised project met concerns raised at the February hearing. The
proposed project offered less massing, a greater distance from Way Lane, a better architectural design, greater
public views, and increased property values for the neighborhood. She reviewed modifications made since the
February hearing and communications with neighbors. Disputes with neighbors should not be the basis for
denying the requested variances. The strict application of development codes would deny the applicant the
privileges enjoyed by neighbors. There was no legal documentation of a common wall and a potential common
wall should have no bearing on approving the plans and variances. It was not appropriate to place a condition on
variances because of a potential common wall. Variances were needed because of the topography of the lot. A
new home could not be built on the bluff without a height variance. The proposed home would not project further
than neighbors' homes.
In reply to Vice Chair Koetting's questions, Ms. Dawson explained that caissons were needed to meet Building
Code requirements. Associate Planner Nova noted a shoring plan was included in the plans. Ms. Dawson stated
China Cove was treated as though it was the ocean for purposes of access to construction. The main construction
access point would be Ocean Boulevard. Mike Reeves,Corbin Reeves Construction, reiterated that access would
be from top down. The only access would be at the top. He had built other homes in the area in the same manner.
Materials would be stored on-site once the foundation was poured. The site would be watered as required. The
entire property would be fenced.
Commissioner Dunlap suggested Mr. Reeves obtain temporary power early in construction and install green mesh
fencing.
In response to Commissioner Hillgren's inquiries, Mr. Reeves indicated a soils engineer would monitor vibration
levels and implement mitigation measures, if needed. Adjacent properties would be monitored at locations
determined by the soils engineer. Construction parking during the summer had not been determined. Associate
Planner Nova added that staff would work with the applicant to determine an off-site location for parking during
summer months and that parking passes for the Corona del Mar State Beach will be purchased for construction
employees during winter months. Mr. Reeves advised that he had not determined whether construction would
occur five or six days a week. Associate Planner Nova stated construction was not subject to exterior noise
standards, but it had to adhere to hour and holiday limitations specified in the Municipal Code.
Vice Chair Koetting opened the public hearing.
John Hamilton thanked the Dawsons for their efforts to alleviate neighbors' concerns. The height variance of 3
feet above the curb for his home was granted in 1970. He appreciated the proposed design not extending past
the line of the existing house. The proposed home would be twice the size of any other home in the neighborhood.
He shared the development history of his property and the Dawson's' property including the common wall. He
was concerned about the boring work and resulting vibrations and requested the Dawsons include him on an
insurance policy. Construction parking on Ocean Boulevard was a problem.
Commissioner Dunlap commented that on-street parking was open to the public.
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Harley Broviak was concerned about the project's artificial seismic effect on his property and about the possible
impact on his quiet enjoyment of his home. He read an email regarding discussions with structural engineers and
requests made to the Dawsons.
Robert Lawson remarked that the type of rock in the area would transmit vibration from drilling. Vibration monitors
should be placed on neighbors' building lines. If the Dawsons wished to provide safety for their neighbors, they
should provide additional vibration monitors for properties in the neighborhood.
Helga Pralle expressed concerns about vibration causing damage to her home. She hoped for extensive
monitoring of vibration and for insurance of neighbors'structures.
Kim Effinger, representative for the Mulvaney's, stated the revised plans addressed most concerns expressed
previously. The Dawsons agreed there would be no construction parking on the streets of China Cove. The risk
of structural damage to surrounding properties from drilling remained a concern. In the event of structural damage,
neighbors had no recourse due to the lack of an insurance rider from the Dawsons. She requested the
Commission not approve the project unless matters were resolved.
Jim Mosher believed homes in the area were consistent with the Coastal Act because development occurred prior
to adoption of the Coastal Act. In reviewing the variance request, staff ignored the normal findings for increasing
the height of a building. He questioned the Commission's justification of the variances based on variances granted
to neighboring properties. The limit of 1.5 times the buildable area was not a right. He disagreed with granting the
variance to allow the building of an unusually large home.
Laurence Nokes, representative for the Hamilton's, stated the construction, traffic, and circulation impacts were
real. The Hamilton's were concerned that no one had stated the structure would be entirely within the rear
envelope of the existing building. The variances granted to neighboring properties were in the range of 2 feet and
applied to garages. Because the lot had been expanded since the existing home was built, it would be possible
to build a major house on the lot without a variance. He did not believe findings for the variance were based on
substantial evidence. The threshold for structural damage was the level at which structural damage occurred.
In reply to Commissioner Hillgren's inquiry, Mr. Nokes remarked that it was difficult to determine whether the white
portion of the elevation rendering was completely within the existing structure envelope. Associate Planner Nova
reported the footprint shown in the floor plan was the upper level footprint and extended to the balcony line at the
topmost level. Mr. Nokes stated story poles were needed to determine the distance of the pop out in front of the
existing building.
Mike Mugal supported the proposed project. This type of construction occurred throughout Newport Beach.
Vendors carried insurance to protect neighboring properties.
In response to Secretary Zak's question, Mr. Lawson reported vibration had occurred beyond the location of basic
monitors in previous construction projects. A detailed plan of drilling and monitoring was needed.
Ms. Dawson reiterated that story poles would be located within the existing home because the proposed structure
was contained in the existing footprint. The 3-D images were much more accurate and provided a better
perspective of the building than story poles.
In reply to Commissioner Lawler's question,Associate Planner Nova indicated a small corner of the structure might
project above the existing structure. It was easy to see the line of the balcony on the existing home. Commissioner
Lawler commented that story poles would illustrate the issue for Commissioners and the public. Vice Chair
Koetting suggested story poles could have been placed on the roof. Commissioner Dunlap remarked that story
poles were becoming archaic with the use of 3-D imaging. He trusted staffs statements that images represented
the footprints of the existing building and the proposed building.
Craig Dawson,applicant,reiterated that he was willing to install story poles.However,staff advised that story poles
were not necessary because of the revisions. Neighbors had no issues with the design of the structure. Mr.
Hamilton continued to request insurance coverage.
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Ms. Dawson offered to provide an email explaining the accuracy of the 3-D images. With respect to Mr. Hamilton's
comment about the home being twice the size of his home, Mr. Hamilton's home was advertised as being 8,600
square feet in size. Mr. Hamiltons original garage was constructed on Ocean Boulevard. His garage on Way
Lane should have been granted a side setback variance.
Mr. Dawson advised that the Hamilton's first raised the issue of a common wall the prior week. He needed time
to investigate the issue.
Ms. Dawson noted workers frequently parked on neighborhood streets. Mr. Broviak had been copied on emails
to neighbors. She had not responded to the Mulvaney's email regarding engineers' names.
Mr. Dawson indicated he and Ms. Dawson had copied the Commission on correspondence to demonstrate their
outreach to neighbors. They had not asserted a right to build to the limit of 1.5 times the floor area. Without the
height variance, they could not enjoy the same views their neighbors enjoyed.
Ms. Dawson indicated they would take every precaution necessary to prevent structural damage.
In reply to Vice Chair Koetting's question, Mr. Dawson believed they had all appropriate insurance to cover
surrounding houses. They would not provide individual insurance policies.
In response to Commissioner Hillgren's inquiry, Mr. Dawson reiterated that they would not provide separate
policies for named individuals. The builder and vendors had appropriate insurance policies.
Commissioner Dunlap commented that insurance for contractors was regulated by the Contractors State License
Board. The applicant could obtain a builder's risk insurance policy. He questioned Commissioners'concern about
insurance indemnification for neighbors, as it was a civil matter.
Commissioner Hillgren felt the neighbors' understanding of the insurance issue was an important component of
obtaining their support for the project.
In reply to Commissioner Dunlap's question,Assistant City Attorney Torres agreed the insurance issue was outside
the Commission's purview. Neither the Commission nor the City could impose a condition for insurance on the
project. He suggested Commissioner Hillgren's concern was a possible compromise between the applicant and
neighbors.
Vice Chair Koetting closed the public hearing.
Vice Chair Koetting noted the project proposed 30 caissons as part of construction.
Secretary Zak wanted to see variances for other properties that demonstrated the ability to build to the maximum
floor area. The portion of the structure that needed the height variance did not move with the topography of the
slope. The proposed project should be granted the same variances as neighboring properties and should be
allowed to build to the Floor Area Ratio (FAR)allowed by the Code. The height variance did not seem to be the
main concern for neighbors. He requested staff provide diagrams for calculating buildable area in future projects.
He wished the applicant and neighbors could have reached a compromise regarding insurance.
Commissioner Lawler believed the applicant had complied with Commissioners' recommendations from the
February hearing and conducted extraordinary outreach. Insurance was not within the Commission's purview.
Seismic issues were covered by state and municipal codes. He supported the project unless Commissioners
raised other issues.
Commissioner Dunlap appreciated Secretary Zak's request to staff regarding height and FAR. The applicant
complied with staff and Commission recommendations. Modified Condition Number 25 would provide the
neighbors more assurance that vibration would be attended to. He supported the applicant's revised submission.
Commissioner Weigand felt construction would be a significant impact on the community. The applicant had
conducted due diligence and reached out to the community. Revisions to the project reduced the impact to
neighbors.
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In reply to Commissioner Weigand's questions,Associate Planner Nova advised that the common wall issue was
raised approximately a week and a half prior to the hearing. In response, staff suggested a condition to ensure
adjacent structures were protected.
Commissioner Weigand thought Condition Number 25 helped the neighbors. He would support the project. The
public could appeal the Commission's decision.
Vice Chair Koetting would not support the project because he could not make Findings D and E. The home was
too large for the location. The allowable square footage would be massive in comparison to other homes. He
could not support variances to allow such a large home.
Commissioner Hillgren agreed the home was large. Without considering FAR, the home would have the same
presence on the bluff. The issue was overall size rather than square footage, but the proposed home was not
outside the character of the lot. The proposed project was a significant improvement. He would support the
project.
Commissioner Dunlap noted the addition of Condition Number 25.
Associate Planner Nova reiterated revisions to delete Fact in Support of Finding E1 and to delete the first two
sentences of Fact in Support of Finding E6.
Motion made by Commissioner Dunlap and seconded by Commissioner Lawler to find this project exempt from
the California Environmental Quality Act(CEQA)pursuant to Section 15303,Article 19, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act under Class 3 of the CEQA Guidelines and to adopt
Resolution No. 2054 approving Variance No. VA2015-005 with deletion of Fact in Support of Finding E1,
deletion of the first two sentences from Fact in Support of Finding E6, and addition of Condition Number 25.
Secretary Zak did not feel the Commission had the proper information to decide whether to grant the requested
variance. He chose not to offer an alternate motion to continue the item because of the deadline to act.
AYES: Dunlap, Hillgren, Lawler, Weigand
NOES: Koetting
ABSTAIN: Zak
ABSENT: Kramer
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
None.
ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on City Council Items
Deputy Director Wisneski noted the tentative meeting agenda. The next meeting would focus on the Mariners'
Mile Revitalization Plan.
In response to Vice Chair Koetting's question, Deputy Director Wisneski advised that was the only item on the
agenda at the present time. There was a considerable amount of public interest in the Plan.
ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,ACTION, OR REPORT
Vice Chair Koetting reiterated his concern about code enforcement of signs.
Deputy Director Wisneski advised that staff did not have the ability to bring active code enforcement cases to
the Commission for discussion. A broader discussion of sign provisions could provide clarification.
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ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
Commissioner Hillgren indicated he would be absent on April 20.
IX. ADJOURNMENT—9:01 p.m.
The agenda for the Planning Commission meeting was posted on Friday, March 31, 2017, at 12:21 p.m, in the
Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100
Civic Center Drive and on the City's website on Friday, March 31, 2017, at 12:12 p.m.
Kory Kramer, Chair
Peter Zak, Secretary
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Planning Commission - April 20, 2017
Item No. la Additional Materials Received
Draft Minutes of April 6, 2017
April 20, 2017, Planning Commission Agenda Item Comments
Comments on Newport Beach Planning Commission regular meeting agenda item submitted by:
Jim Mosher( iimmosher(oo)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF APRIL 6, 2017 17
Suggested changes to draft minutes passages are shown in s#ikesut underline format.
Page 4, last sentence: "Staff suggested the approval resolution be amended to remove Finding
E1; to clarify Finding E6 that the pool was not located in the€ron rear setback; and to add
Condition Number 25."
Page 5, paragraph 1, sentence 3: "At the worst case, the proposed pergola/loggia structure
exceeded the 24-foot flat roof height limit by 18 feet. She did not have the number of feet above
the 24-foot height limit for these other structures in the neighborhood."
Page 7, paragraph 1, sentence 3: "Mr. Hamiltews Hamilton's original garage was constructed
on Ocean Boulevard."