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Home My WebLink About10/08/1981X X X X X X X All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director . John Connelly, Acting Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Craig Bluell, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary • IIIIIIII Discussion on Minutes of September 10, 1981 Commissioner Allen referred to the second paragraph on Page 13 of the September 10, 1981 Minutes and requested that her additional question to Mr. Dmohowski and his response be included in the minutes. Commissioner Balalis referred to Page 14 of 'the September 10, 1981 Minutes and requested that a statement be added, prior to Commissioner Beek's comments. He stated that the statement should reflect that the Commission did not have the opportunity to review or discuss his .comments, because Commissioner Beek had submitted his written comments in the interest of saving time. Commissioner Thomas requested that his discussion relating to the intent of the Housing Element' be included in the'September 10, 1981 Minutes, I The Commission decided to postpone approval of the September 10, 1981 _ Minutes to the next Planning Commission Meeting. -1- COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES Place: City Council Chambers Time: 7:30 p.m. Date: October 8, 1981 City of Newport Beach CALL INDEX X X X X X X X All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director . John Connelly, Acting Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Craig Bluell, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary • IIIIIIII Discussion on Minutes of September 10, 1981 Commissioner Allen referred to the second paragraph on Page 13 of the September 10, 1981 Minutes and requested that her additional question to Mr. Dmohowski and his response be included in the minutes. Commissioner Balalis referred to Page 14 of 'the September 10, 1981 Minutes and requested that a statement be added, prior to Commissioner Beek's comments. He stated that the statement should reflect that the Commission did not have the opportunity to review or discuss his .comments, because Commissioner Beek had submitted his written comments in the interest of saving time. Commissioner Thomas requested that his discussion relating to the intent of the Housing Element' be included in the'September 10, 1981 Minutes, I The Commission decided to postpone approval of the September 10, 1981 _ Minutes to the next Planning Commission Meeting. -1- COMMISSIONERS 0 m' � Ci October 8, 1981 Beach MINUTES Request to permit the construction of a two -unit residential condominium project and related two -car garages on property located in the R -2 District. AND INDEX Item #1 USE PERMIT .I NO. 2023 Request to. create one parcel of land for residential condominium purposes where a portion of two lots now exist so as to allow the construction o. £ a two -unit AND .- condominium project in the R -2 District. LOCATION: A portion of Lots 11 and 13 of Block Item #2 - 138, Corona del Mar, located at 213 Marguerite Avenue, on the westerly side of Marguerite Avenue between Ocean Boulevard and Seaview Avenue in Corona RESUB- , del Mar. DIVISION ZONE: R -2 -. - - APPLICANTS: Mr. and Mrs. Orin Berge, Alhambra- • OWNERS: Same as applicants. - - BOTH APPROVED Agenda Item Nos. 1 and 2 were heard concurrently due to CONDI- . their relationship. TIFULLY The public hearing opened in connection with these items and Mr. Orin Berge, the applicant, appeared before the Commission. Commissioner Beek stated that he would be voting against these items, inasmuch as condominium conversion is not permitted on this lot. He stated that tearing down an existing building to construct a condominium . project is only a method to circumvent the intent of the Condominium Conversion Ordinance. - -- Motion X Motion.was made to approve Use Permit No. 2023,.subject. Ayes X X X X to the, following findings and conditions, which MOTION Noes X CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. -2- COMMISSIONERS October 8, 1981 MINUTES s ` City of Newport Beach CALL INDEX 2. That the proposed development meets or exceeds all applicable zoning requirements for new buildings applicable to the district in which the proposed project is located. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan and the draft Local Coast Plan. - 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for 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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 695 be fulfilled. Motion X Motion was made for approval of Resubdivision No. 695, Ayes X X X X X X subject to the following findings and conditions, which Noes X MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific . ,plans and the Planning Commission is satisfied with the plan of subdivision. -3- IMM155K)NLK5 October 8, 1981 MINUTES RA, � City of Newport Beach M RWIFILCALLI 111 1111 1 INDEX 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the proposed resubdivision will not create any significant adverse environmental impacts. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each unit be served with individual water services and sewer laterals. 4. That all vehicular access be from the adjacent alley. Request to construct a corner tower on an existing single family residence in the M -1 District. The proposed development exceeds the basic height limit in the 26/35 Foot Height Limitation District. LOCATION: A portion of Lot 3, Block 329, Lancaster's Addition, located at 505 - 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. ZONE: M -1 APPLICANT: Rick Lawrence, Newport Beach OWNER Same as applicant The public hearing opened in connection with this item, and Mr. Rick Lawrence, the applicant, appeared before the Commission and explained the requested variance. He stated that the variance is needed to accommodate the architectural features of the design for the windows. Planning Director Hewicker explained the originally approved plan and the approved front elevation and • windows for Use Permit No. 1878 (Revised) which was approved two years ago. -4- Item #3 VARIANCE NO. 1089 APPROVED C NDI_ TIOMLLY COMMISSIONERS MINUTES October S, 1981 � N � City of Newport Beach CALL INDEX In response to a question posed by Commissioner Allen, Mr. Lawrence stated that the 2� feet is being requested for architectural purposes only. He stated that a Queen Anne Victorian house, must contain a peaked roof in order to be authentic. In response to a question posed by Commissioner Thomas, Mr. Lawrence stated that the windows will not be over- sized, but will have curved tops. He stated that the variance is needed for aesthetics only. Commissioner Beek asked if it is necessary for the roof to have a five foot peak. Mr. Lawrence stated that the peak is necessary. Commissioner Beek stated that the plate height will now be 7 feet. Mr. Lawrence stated that the top of the windows would be just under the plate height. Planning Director Hewicker stated that the top of the roof meets the height limit criteria but, because of the design of the tower, the height at the mid -point is . 231 feet higher than would normally be permitted. Commissioner Beek stated that he interprets the definition of the word "average" in a tower to mean only one -third of the way up, rather than one -half the way up the roof. Chairman McLaughlin stated that she would be voting against this variance for the reasons as stated in Exhibit "A" in the staff report. Motion X Motion was made for approval of Variance No. 1089, Ayes X X X X subject to the following findings and conditions, with Noes K X X an additional finding that the variance is necessary to ensure the architectural integrity of the building, which MOTION CARRIED: - FINDINC;S 1. That there are exceptional or extraordinary circumstances applying to the land, building and use proposed in this application, which circumstances and conditions do not generally apply.to land, buildings, and /or uses in the same district. The development involves the remodel of • a nonconforming structure, which imposes addi -. tional building limitations than on a new structure. -5- • Motion A11 Ayes 5" fQ x m � fA October 8, 1981 ity of Newport Beach MINUTES 2. That the increased building height, in excess of the basic height limit, is a minor deviation to the Zoning Code and will provide a more desirable architectural facade of the building. 3. That the establishment, maintenance and operation of the 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. That the granting of the variance is necessary to ensure the integrity of the Victorian architectural style of the builidng. CONDITIONS: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all other applicable conditions of approval of Use Permit No. 1878 (Revised) shall be maintained. x Request to consider an amendment to Title 20 of the Newport Beach Municipal Code to amend the definition of the term, "parking spaces ". INITIATED BY: The City of Newport Beach There being no discussion on this item, the following motion was made: X JJJ Motion was made to adopt Resolution No. 1074, approving X X X X Amendment No. 566, to Title 20 of the Newport Beach Municipal Code amending the definition of the term "parking spaces" as follows, which MOTION - CARRIED: 0 111 '11111 -6 Item #4 AMENDMENT. APPROVED RESOLUTION NO. 1074 '. COMMISSIONERS �9'nui C Cl • October 8, 1981 Of V am MINUTES 20.87.260 PARKING SPACE. For residential uses the term "parking space" shall mean an accessible and usable space of not less than 19 feet, clear length,.inside measurements (except for the third required space noted below), and four feet, clear height, inside measurements, in the front four feet of said space, for the parking of automobiles off the street, such space to be located on the lot so as to meet the requirements of this Title. The following width for parking spaces shall also apply (except for the third required space noted below): 1. There shall be a clear width of not less than nine feet, four inches, inside measurements, for a single parking space; and 2. There shall be an additional clear width of not less than eight feet, ten inches, for each parking space after the first space when several spaces ' are parallel to each other and not separated by any walls, partitions, posts or columns; provided, that if there are only two such spaces, their total clear width may be a minimum of seventeen feet, six inches, inside measurements. The third required parking space for any structure may be reduced in area to a clear width of not less than eight feet inside measurements, and to a clear depth of not less than sixteen feet, inside measurements. Any such roofed parking space to be so located on the front one -half of a lot shall have side walls and an operating garage door for access of automobiles. The location and size of parking spaces for other uses, . shall be as established by resolution of the City Council. The term "accessible" as used in this definition shall mean capable of beina reached directiv from an hard- surfaced. driveway. Where access to a required parking space is taken over a driveway. said drivewav for les, and for temporary obstruct ental to the use of the property. uctions in the drivewav shall be * r -7- INDEX COMMISSIONERS October 8, 1981 MINUTES . Cr City of Newport Beach CALL INDEX Request to consider an amendment to Title 20 of the (Item #5 Newport Beach Municipal Code so as to establish a Mobile Home Park District. INITIATED BY: City of Newport Beach - AMENDMENT NO. 567 Planning Director Hewicker presented background information relating to the proposed Mobile Home Park Zone. Continued Chairman McLaughlin stated that this is the first to November public hearing on the proposed Mobile Home Park Zone. 5, 1981 Commissioner Beek referred to a letter of opposition dated October 5, 1981 from Mr, and Mrs. Hunt, relating to the proposed amendment. Mr. Connelly, Acting Assistant Attorney, stated that the City Attorney's - - - office had contacted the Hunts and informed them that the establishment of such a zone would not affect their property. • The public hearing opened in connection with this item and Mr. Dick Hogan, representing the owners of the De Anza Bayside Village Mobile Home Park, appeared before the Commission. Mr. Hogan requested that this item be continued for 60 days, until December 10, 1981, in order that they may develop a response to the ordinance and to provide additional information. He stated that they would also like the opportunity to prepare a concept plan for the development of the property. Commissioner Thomas asked Mr. Hogan what uses are indicated for the area currently occupied by mobile homes. Mr. Hogan stated that several alternatives are being considered. However, he stated that more time is needed to develop the conceptual plan and its narrative. Commissioner Beek asked Mr. Hogan if they consider any sections of the proposed amendment to be specifically. restrictive. . Mr. Hogan stated that the zoning as proposed, provides for only one use, that of a mobile home park. Mr. Hogan stated that it should provide for alternatives. He added.that a continuance of this item would not be detrimental to any parties concerned. • 11 1 I I' I I -8- CUWW)N �NLKS October 8, 1981 MINUTES C City of Newport Beach L LL rl I INDEX Commissioner Balalis asked Mr. Hogan if they are objecting to the Ordinance itself, or that it may apply to De Anza Mobile Home Park. Mr. Hogan stated that if the Ordinance would never be applied to De Anza, they would have no concerns. Commissioner Balalis stated that the proposed Ordinance is twofold - 1) to prepare a Mobile Home Park Zoning District, and; 2) to apply the zoning district to the De Anza Mobile Home Park. Mr. Hogan stated that they are concerned with the proposed Ordinance which would eventually be applied to the De Anza Mobile Home Park. He stated that this is the only time that the Ordinance itself and its standards will be considered before its adoption. He added that they are desirous of working with the Commission and staff on this Ordinance and the preparation of a concept plan. Planning Director Hewicker stated that the Local Coastal Plan contains language, with respect to the Bayside De Anza Village property, that the existing • mobile home park will be preserved. He asked Mr. Hogan if their concept plan would be in the spirit of the Local Coastal Plan. Mr. Hogan stated that he can not answer specifically what would be contained in the concept plan. However, he stated that they would certainly take into consideration the spirit of the Local Coastal Plan and the needs, desires and requirements of the people who presently occupy the mobile home park. Commissioner Beek stated that the mobile home park zone should be established for mobile home parks, and should not include other uses. Mr. Hogan stated that once the . Ordinance is adopted, it will be applied to De Anza first, subsequently they are concerned with the Ordinance in question. Commissioner Allen stated that the City Council has mandated that this Ordinance be handled in a two phase approach. She stated that until the City Council changes its direction, the Planning Commission has no discretion in this approach. • IIIIIIII COMMISSIONERS October 8, 1981 MINUTES x � M, City of Beach _ RWCALLI 111 1111 INDEX n U Chairman McLaughlin asked for further public input on this item. Commissioner Balalis requested that the public direct their comments on the ordinance itself, and not the De Anza issue. He stated that the proposed Ordinance deals with how a new mobile home park should be built in the City. .Mr. Robert Coldren, representing the Western .Mobile Home Association, appeared before the Commission and stated that a continuance on this item would be useful. He stated that there is no urgency to adopt an. Ordinance because the Mobile Home Residency Act . provides for an unbelievably long procedure for anyone desiring to change the use of a mobile home park or to. go out of business. Mr. Coldren stated that State Statute 18101 of the Health and Safety Code provides that the legislature encourage manufactured housing in localities. He stated that any mobile home park zone that is enacted can not operate so as to exclude manufactured housing from areas of the City where there is not such use located presently. He stated that the State Department of Housing and Community Development is against the enactment of any type of restrictive mobile home park zoning ordinance. He referred to State Bill AB 2698 and stated that it is the legislature's intent to encourage local governments to adopt ordinances which promote manufactured housing areas, and to discourage and prohibit local governments from engaging in discriminatory zoning practices which would exclude manufactured housing from any significant segment of a residential community. Mr. Coldren added that he could provide this information to the staff. Mr. Coldren stated that the proposed ordinance does not address the distinction between older trailer parks and modern mobile home parks. He stated that amending the zoning of mobile homes placed on permanent foundations should be considered. He stated that the history of the City of Newport Beach zoning process should be considered.in conjunction with the ordinance along with a mobile home park overlay zone for the County Triangle and other parts of the City. He referred to the comparison sheet prepared by staff and stated that the proposed Ordinance bears no resemblance to any mobile home park in the City. He stated that the definitions -10- 1 COMMISSIONERS October 8, 1981 MINUTES City of Newport Beach CALL INDEX in the proposed Ordinance of mobile homes, travel trailers and recreational vehicles need to be considered further. He stated that their size limitations should also be included in these definitions. In response to a question posed by Commissioner Allen, Mr. Coldren stated that he would supply the Commission with the California Civil Code Section 798.56 (f) which provides restrictive provisions for changing a mobile home park use. Mr. Michael Weeks, representing the De Anza Mobile Home Park Association, appeared before the Commission and stated that the proposed- Ordinance does not specifically refer to De Anza. Therefore, he requested that the Commission proceed with the adoption of the Ordinance. He stated that a continuance would cause a hardship on the investments and leases now in effect at all the mobile home parks in Newport Beach. . In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that the proposed Ordinance is not only applicable to the De Anza Mobile Home Park, but is also applicable to any other mobile home park in the City. He stated that staff is anticipating that there will be requests from other mobile home parks for such zoning. He stated that in drafting a single ordinance, it is not possible to describe every existing mobile home park in the City. He stated that non - conforming language must be contained in the Ordinance which takes care of the situations which exist prior to the adoption of the Ordinance. In response to a question posed by Commissioner Beek, Mr. Weeks stated that they do not feel that there is a basis for the requested continuance. Mr. Weeks urged.' the Commission to proceed with the proposed Ordinance. Commissioner Thomas stated that if the proposed Ordinance were to be adopted, the existing mobile home parks would be legal, non - conforming uses. He stated that they would only become conforming in the event of a disaster or a fire. Planning Director Hewicker stated that a typical mobile home park ordinance could . contain language that would allow for the continuation -11- 1 October 8, 1981 MINUTES of Newport Beach M RPFL CALL I 1 1 1 1 1 1 1 I INDEX • 11 of the existing park and would allow for the coaches to be replaced and for minor repairs and alterations. He stated that the destruction of a mobile home park as the result of an earthquake or a fire, the non- conforming part may be rebuilt subject to securing a , use permit. He added that the standard, non - conforming language in the Zoning Code does not have to be used. For example, he stated that special districts pertaining to service stations and take -out restaurants, contain a set of custom regulations for their particular use. Mr. Arthur Sullivan, resident of De Anza Bayside Village, appeared before the Commission and stated that he is in favor of the proposed Ordinance. He stated that a disclosure letter has been put out and the people in the Park are unable to sell their residences He stated that the occupancy of the Park can not be guaranteed beyond the length of time for the leases which expire in 1984 and 1985. Mr. Sullivan urged the Commission to adopt this proposed Ordinance. Commissioner Beek asked Mr. Sullivan if he had any changes to make in the proposed Ordinance. Mr. Sullivan referred to the definition of a mobile home park in Section 20.20.020 (b) and stated that the parking or storage of one or more mobile homes for housekeeping purposes may be interpreted that the placing of one mobile home on a private residential lot, may automatically constitute a mobile home park. Mr. Sullivan referred to Section 20.20.070 (b) (1) and suggested that a minimum height of eight feet of opaque screen be required for the exterior areas of the mobile home park for aesthetic purposes. Commissioner Beek referred to the proposed extra storage space of 150 cubic feet and aksed Mr. Sullivan.. for his comments. Mr. Sullivan stated that this requirement is highly acceptable. Mr. John Dailey, member of the Golden State Mobile Homeowners League, appeared before the Commission and stated that he has had experience with similar zones in other cities. He stated that the proposed Ordinance does not mention De Anza and that he has no objections to the proposed Ordinance. -12- kMISSIONERS October 8, 1981 MINUTES City of Newport Beach INDEX • Mr. Raymond Toya, owner of the Ebb Tide Mobile Home Park, appeared before the Commission and stated that there will be no more new mobile home parks established in Newport Beach due to the cost of the land. He stated that down zoning the mobile home parks will increase the rents and make it impractical for any owner to maintain and improve their mobile. home .parks. He also stated that the development of recreational facilities is not possible in some of the existing mobile home parks because the land is not available. Ms. Nicki Newvine asked the staff how the proposed . Ordinance will affect the existing mobile home parks. Planning Director Hewicker stated that the intent is to first adopt a mobile home ordinance. After the ordinance has been adopted, it will be applied to the De Anza Bayside Village Mobile Home Park. He stated- ` that staff anticipates that there will be additional requests from other mobile home parks to have a similar zoning applied to them. Ms. Newvine expressed her concern that the proposed ordinance will be affecting the owners of the existing mobile home parks. Commissioner Beek stated that the City Council can instruct the Commission to hold hearings on certain items, but can not instruct the Commission as to what conclusions it will reach. Mr. Connelly, .Acting Assistant City Attorney, concurred. Mr. Hogan reiterated his request for a sixty day: continuance on this item. Mr. Coldren stated that he would also like to have the opportunity to provide additional information on this item. Commissioner Thomas stated that he would like to see the zoning applied to De Anza Mobile Home Park as soon as possible to provide relief to the residents of the park. Planning Director Hewicker stated that after the Commission adopts the Ordinance, the City Council must then act on the Ordinance. After this, the Commission can then begin hearings on the properties in which the zone may be applied and prepare any required environmental documentation. 0 11111111 -13- COMMISSIONERS C � io vi October 8, 1981 of Newport Beach MINUTES Commissioner Allen stated that rezoning the De Anza property will involve a complex process and stated that a non - conforming status will have to be developed for the De Anza property. She suggested that staff prepare a chart which indicates how other mobile home park standards within the City apply. She also suggested that staff prepare additional non - conforming .language which may be considered for the Ordinance. Mr. Jim van Horne, representing the owners of Newport Terrace, appeared before the Commission and expressed his concerns relating to the property rights of the property owner. Planning Director Hewicker stated that the proposed Ordinance was initiated by the City Council at the request of the tenants of the De Anza Bayside Village Mobile Home Park. He then. explained the zoning procedure which will be utilized. Commissioner Balalis stated that the Housing Element requires' that a mobile home park ordinance be established. He stated that how this ordinance will be • applied' to a specific park., has not as yet been determined. He stated that this determination will be the second phase of this process. Commissioner Thomas referred to the Local Coastal Plan and asked if it contains a mobile home park zone concept. Mr. Bob Lenard, Advance Planning Administrator, stated that the draft Local Coastal Plan eluded to a mobile home park zone, but this was deleted by the City Council. Commissioner Thomas suggested that possibly a resolution of intent be proposed which would expedite this matter. Motion X Motion was made to continue Amendment No. 567 to the Planning Commission Meeting of November 5, 1981, in order that the staff meet with Mr. Hogan and. Mr. Coldren to incorporate the suggestions, of tonights meeting into the proposed Ordinance. '.He requested that the proposed Ordinance contain language which will upgrade units and refurbish parks, including information relating to factory built housing, time limitations of applicable zones and the legality of such an Ordinance. • -14- INDEX COMMISSIONERS MINUTES October 8, 1981 Cr City of Newport Beach CALL INDEX Commissioner Beek requested that the concept of the term "manufactured housing" be interchangeable with the term "mobile home ". He stated that manufactured housing covers both items. He also requested that copies of the model ordinance, referred to by Mr. Coldren, be supplied to the public upon request. All Ayes X X K X X X X Motion by Commissioner King for continuance of this item to November 5, 1981, was now voted on, which MOTION CARRIED. -.- - ADDITIONAL BUSINESS Motion X Motion was made to waive the Rules of Procedure to move - -- All Ayes X X X X X X the Regular Planning Commission Meeting of October 22, 1981 to October 29, 1981, which MOTION CARRIED. Planning Director Hewicker discussed the public notice policy guidelines adopted by the Planning Commission on November 20, 1980. He stated that in the case of the Lido Park Medical facility, the applicant is not seeking a variance to the height limit. Therefore, the notification was only sent to the owners of property within 300 feet. Commissioner Allen suggested that in the future, the staff exercise their discretion in this type of matter. Commissioner Allen referred to the useage of the term,` "negative declaration" and expressed her concern that people have interpreted this to mean, that the staff . report recommends denial. She requested that this matter be looked into. Motion Motion was made to set for public hearing on December Ayes X X X Y 10, 1981, an amendment to the Condominium Conversion Noes X X X Ordinance, which MOTION CARRIED. -15- COMMISSIONERS October s, 1981 MINUTES Q �c �v S 1 H City of Newport Beach CALL INDEX Motion X Motion was made for an excused absence for Commissioner A11 Ayes X X X X Balalis on November 5, 1981, which MOTION CARRIED. Motion X All Ayes X X X Mfon All Ayes X X I X ix C � J Commissioner Thomas expressed his concern that the rainy season in the City's Grading Code be changed to September 1st. Motion was made to direct that correspondence be sent to the City Council which would recommend that the date of the rainy season in the City's Grading Code be changed to September 1st, which MOTION CARRIED. _ Commissioner Thomas stated that the inclusion of a damage clause should also be considered, for failure to perform. Planning Director Hewicker stated that he would inform Mr. Lorman, the Grading Engineer, of these concerns. Motion was made to waive the Rules of Procedure to cancel the Regular Planning Commission Meeting of December 24, 1981, which MOTION CARRIED. x There being no further business, the Planning Commission adjourned at 10:00 p.m. :r • r Joan Winburn, Secretary Planning Commission City of Newport Beach