HomeMy WebLinkAbout07/15/2010CITY OF NEWPORT BEACH
Planning Commission Minutes
July 15, 2010
Adjourned Special Meeting — 6:30 p.m.
ROLL CALL
Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and
Hillgren — present
STAFF PRESENT:
David Lepo, Planning Director
Leonie Mulvihill, Assistant City Attorney
Gregg Ramirez, Senior Planner
Melinda Whelan, Assistant Planner
Ruby Garciamay, Department Assistant
POSTING OF THE AGENDA:
The Planning Commission Adjourned Special Meeting Agenda was posted on
July 14, 2010.
PUBLIC COMMENTS:
Upon the invitation of Chairman Hawkins, Dana Smith, Assistant City Manager,
introduced herself to the Commissioners.
REQUEST FOR CONTINUANCES:
None
CONSENT ITEMS
SUBJECT: MINUTES of the Special Meeting of June 15, 2010.
ITEM NO. 1
Motion was made by Commissioner Toerge, seconded by Commissioner
Approved
Hillgren, to approve the minutes as corrected.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
Noes:
None
SUBJECT: MINUTES of the regular meeting of June 17, 2010.
ITEM NO. 2
Motion was made by Commissioner Toerge, seconded by Commissioner
Approved
Hillgren, to approve the minutes as corrected.
Motion carried with the following vote:
NEWPORT BEACH PLANNING COMMISSION MINUTES 07/15/2010
Ayes:
Eaton, Hawkins, McDaniel, Toerge, and Hillgren
Noes:
Unsworth and Peotter
Motion was made by Commissioner Toerge, seconded by Commissioner
Hillgren, to reconsider the approval of the June 17, 2010, minutes that passed.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
Noes:
None
Motion was made by Commissioner Toerge, seconded by Commissioner
Hillgren, to approve the June 17, 2010 minutes as corrected.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
Noes:
None
SUBJECT: MINUTES of the Special Meeting of June 24, 2010.
ITEM NO. 3
Motion was made by Commissioner Unsworth, seconded by Commissioner
Approved
Toerge, to approve the minutes as corrected.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Peotter, Hawkins, McDaniel, and Toerge
Abstained:
Hillgren
SUBJECT: Zoning Code Update (PA2009 -034)
ITEM NOA
PA2009 -034
Comprehensive update of the Zoning Code for the purpose of implementing the
2006 update of the General Plan.
No Action
Gregg Ramirez, Senior Planner made a presentation focusing on staff
recommended changes to the Draft Zoning Code and the draft initial study and
negative declaration prepared for the Draft Zoning Code.
Public comment was opened.
Comments were given by the following:
Todd Schooler, technical advisor to the General Plan /Local Coastal Program
Implementation Committee
Tod Ridgeway, 2804 Lafayette Avenue
George Schroeder, 129 351h Street
Philip Bettencourt, 110 Newport Center Drive, Suite 200
Richard A. Nichols, 519 Iris Avenue
Chuck Hardy, 516 Narcissus
Jeanine Paquette, 211 Goldenrod Avenue
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NEWPORT BEACH PLANNING COMMISSION MINUTES 07/15/2010
Public comment was closed
Commissioners discussed making changes to Items #1, #2, #4, #20 and #24
within the list of 34 recommended changes to the draft Zoning Code (Exhibit C
of the draft resolution).
Commissioners discussed including additional recommended changes to the
draft Zoning Code that would be numbered #34 through #40.
Motion was made by Commissioner Eaton, seconded by Commissioner
McDaniel to adopt the draft resolution with the following changes to Exhibit C
of the draft resolution recommending City Council adoption of the Negative
Declaration and the Zoning Code Update:
#1 Pg. 1 -3, Section 20.10.040.A— revised to read as follows: "A. Compliance
required. No structure shall be altered, erected, or reconstructed in any
manner, nor shall any structure or land be used for any purpose, other than as
allowed by this Zoning Code. The City Council may exempt specific City
implemented projects based on certain findings and by upon setting forth which
Code provisions the projects are subject to.
#2 strike the word: "applicability."
#4 strike the words: "if the City Council agrees with the recommendation of the
Planning Commission."
#20 Pg. 4 -28, Section 20.48.180 — exempt Corona del Mar as mapped on Area
Map A -4. For Corona del Mar, as mapped on Area Map A-4, add the 1.5 times
the buildable area floor area limit standard plus an additional 200 square feet
°^F BRelesed gaFagG FegUiF8FaeRts due to the new Code provisions that require
2 car garage spaces and add "an open space standard for Corona del Mar that
is equivalent to existing code to improve language and to try to achieve
proposed code open space standards in order to implement General Plan
Policy 5.1.5. without taking away any square footage allowance of existing
code. Also, include a revised modulation standard that applies to Corona del
Mar."
#24 Section 20.70.020 — Add the word "the' before the word other in the
definition of supportive and transitional housing.
#34 Pg. 4 -21, Section 20.748.130.H is revised to read as follows: "H.
Notification to owners and tenants. Project applicants shall prepare a written
disclosure statement prior to sale, lease, or rental of a residential unit in a
mixed use project or located within a mixed use zoning district. The disclosure
statement shall indicate that the occupants will be living in an urban type of
environment and that the noise, odor, and outdoor activity levels may be higher
than a typical suburban residential area. The disclosure statement shall include
a written description of the potential impacts to residents of both the existing
environment and potential impacts based upon the allowed uses in the zoning
district. Each and every buyer, lessee, or renter shall sign the statement
acknowledging that thev have received. read. and understand the disclosure
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NEWPORT BEACH PLANNING COMMISSION MINUTES 07/15/2010
statement. The Project applicant shall covenant to include within all deeds,
leases or contracts conveying any interest in a residential unit in a mixed use
project or located within a mixed use zoning district (1) the disclosure and
notification requirement stated herein; (2) an acknowledgment by all grantees
or lessees that the property is located within an urban type of environment and
that the noise, odor, and outdoor activity levels may be higher than a typical
suburban residential area; and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport Beach."
#35. Pg. 2 -20, Table 2-4, add a footnote to Assembly /Meeting Facilities (Less
than 5,000 sq. ft.) to read, "Religious assembly may be larger than 5,000 sq.
ft. ". Pg. 2 -23, Table 2 -5, strike, "(above 1" floor only)" from Assembly /Meeting
Facilities. Pg. 2 -32, Table 2 -8, strike, "- located only above 15` floor' from
Assembly /Meeting Facilities. Pg. 2 -36, Table 2 -9, add a footnote to
Assembly /Meeting Facilities Small - 5,000 sq. ft. or less" to read, "Religious
assembly may be larger than 5,000 sq. ft. ".
#36. Pg. 4 -29, Section 20.48.180 C.2. to be amended as follows, "Location of
third floor structure. Enclosed square footage located on the third floor er
ah -A.P, 24 fPAt 'R height shall be set back a minimum of 15 feet from the front
and rear setback lines and for lots greater than 30' wide a minimum of 2 feet
from each side setback line, including bay windows."
#37. Pg. 3 -15, Section 20.30.060 C.2.c and Section 20.30.060 C.2.d insert,
"and mixed -use structures' in the title and first sentence after the word
"nonresidential ".
#38. Page 3 -16, Section 20.30.060 C.3.a insert, "but not limited to" after the
words, "Examples of project amenities include'.
#39. Pg. 7 -18, Definition of Dwelling Unit, Senior Accessory, change, "60
years of age" to "55 years of age'.
#40. Pg. 3 -78, Table 3 -10 Off - Street Parking Requirements, Offices —
Business, Corporate, General, Governmental: change "Up to 50,000 sq. ft." to
"First 50,000 sq. ft. "; change "50,001 to 125,000 sq. ft." to "Next 75,000 sq. ft. ";
change "125,001 sq. ft. and greater" to "Floor area above 125,000 sq. ft. ".
Motion failed with the following vote:
Noes Peotter, Hawkins, Toerge, and Hillgren
Ayes:: Eaton, Unsworth, and McDaniel
NEW BUSINESS I None
STAFF AND COMMISSIONER ITEMS
City Council Follow -up — None I ITEM NO. 5
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NEWPORT BEACH PLANNING COMMISSION MINUTES 07/15/2010
Planning Commission reports — None ITEM NO. 6
Announcements on matters that Commission members would like placed on a ITEM NO. 7
future agenda for discussion, action, or report. — None
Requests for excused absences — None ITEM NO. 8
ADJOURNMENT: 10:30 p.m.
CHARLES UNSWORTH, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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