HomeMy WebLinkAbout07/29/2010CITY OF NEWPORT BEACH
Planning Commission Minutes
July 29, 2010
Adjourned Regular Meeting — 6:30 p.m.
ROLL CALL
Commissioners Eaton, Unsworth, Hawkins, McDaniel, Peotter, Toerge, Hillgren -
present
STAFF PRESENT:
David Lepo, Planning Director
James Campbell, Principal Planner
Leonie Mulvihill, Assistant City Attorney
Gregg Ramirez, Senior Planner
Gaylene Olson, Department Assistant
POSTING OF THE AGENDA:
The Planning Commission Agenda was posted on June 23, 2010.
PUBLIC COMMENTS:
None
REQUEST FOR CONTINUANCES:
None
CONSENT ITEMS
SUBJECT: MINUTES of the adjourned special meeting of July 15, 2010.
ITEM NO. 1
Minutes were not prepared for tonight's meeting.
Continued to
08/05/2010
Motion was made by Commissioner Toerge, seconded by Commissioner
Peotter, to continue the minutes to the meeting on August 5, 2010.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Hawkins, McDaniel, Peotter, Toerge, and Hillgren
Noes
None
NEWPORT BEACH PLANNING COMMISSION MINUTES 07/29/2010
PUBLIC HEARING ITEMS
Zoning Code Update - (PA2009 -034) ITEM NO. 2
PA2009 -034
Comprehensive update of the Zoning Code for the purpose o
implementing the 2006 update of the General Plan. I Approved
Jim Campbell, Principal Planner, gave a brief overview of the staff report, with
revised recommendation of approval, and pointing out that all of the iter
discussed at the July 15, 2010 Planning Commission meeting have be(
incorporated in Exhibit B of the Resolution.
Public comment was opened.
Comments were given by the following:
Richard "Dick" Nichols — resident of Corona del Mar
Nancy Moran - Sanchez — resident of Corona del Mar
Karen Tringali — resident of Corona del Mar
Public comment was closed.
Motion made by Commissioner Toerge, seconded by Commissioner Hawkins,
to adopt a resolution, after debate and amendments, as follows: recommending
City Council adoption of Negative Declaration No. 2010 -005 and Code
Amendment CA2009 -001; modify the heading of the second resolution and
strike "Negative Declaration No. 2010 -005; modify Section 2, item 2 of the
findings to read "The draft Zoning Code Update, including the recommended
changes within Exhibit "B" is consistent with the General Plan Update, and
adoption of the proposed Zoning Code Update.'; delete item 3 of Section 2 of
the findings; add Condition 41 as stated in the staff report; modify Condition 26
by deleting `net" and replace with 'gross" in the "Floor Area Ratio definition';
modify Exhibit "B" item 1, to include the proposed language change that was
submitted in a memo from the City Attorney's office dated July 29, 2010 and
modified as follows - `Pg. 1 -3, Section 20.01.040.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 by adopting a resolution at a noticed
public hearing upon setting forth the specific Code provisions that would apply
in the absence of the exemption.' modify Exhibit "B" item 34 and strike the "7"
in Section 20.748.130.H to read "Section 2a48.130.H"
After discussion, it was decided this motion needed to be tabled and to
consider a vote on the resolution for Negative Declaration No. 2010 -005 and
Code Amendment CA2009 -001 separately.
Motion made by Commissioner Toerge, seconded by Commissioner Hawkins,
to table this motion.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 07/29/2010
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Hawkins, McDaniel, Peotter,Toerge, and Hillgren
Noes:
None
Motion made by Commissioner Toerge, seconded by Commissioner Peotter,
to adopt a resolution, after debate, recommending City Council adoption of
Negative Declaration No. 2010 -005.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, McDaniel, Peotter,Toerge,
Noes:
Hawkins, and Hillgren
Motion made by Commissioner Toerge, seconded by Commissioner Peotter,
to reconsider the prior vote on recommending City Council adoption of
Negative Declaration No. 2010 -005.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Hawkins, McDaniel, Peotter, Toerge, and Hillgren
Noes:
None
Motion made by Commissioner Toerge, seconded by Commissioner Peotter,
to adopt a resolution recommending City Council adoption of Negative
Declaration No. 2010 -005.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, McDaniel, Peotter, Toerge, and Hillgren
Noes:
Hawkins,
Motion made by Commissioner Toerge, seconded by Commissioner Peotter,
to un -table the tabled motion to adopt a resolution recommending City Council
adoption of Code Amendment CA2009 -001.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Hawkins, McDaniel, Peotter, Toerge, and Hillgren
Noes:
None
Motion made by Commissioner Toerge, seconded by Commissioner Peotter,
to adopt a resolution, with the modifications in original tabled motion,
recommending City Council adoption of Code Amendment CA2009 -001.
Motion carried with the following vote:
Ayes:
Unsworth, McDaniel, Peotter, and Toerge,
Noes:
Eaton, Hawkins, and Hillgren
NEW BUSINESS
None
STAFF AND COMMISSIONER ITEMS
City Council Follow -up — Mr. Campbell reported that the appeal of the Cagnolo
ITEM NO. 3
modification on Cliff Drive was denied.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 07/29/2010
Planning Commission reports — Commissioner Peotter commented on what a ITEM NO. 4
pleasure it had been to serve on the Commission over the past four years.
Announcements on matters that Commission members would like placed on a ITEM NO. 5
future agenda for discussion, action, or report. — Commissioner Hawkins
requested that the solar panel restrictions be addressed in the future. Assistant
City Attorney Mulvihill stated that the City Council will be having a Study Session
on September 14, 2010 on this subject and it is possible to have a report
available to the Planning Commission.
Requests for excused absences — Commissioner Hillgren requested to be ITEM NO. 6
excused from the August 5, 2010 meeting.
ADJOURNMENT: 8:16 p.m.
MICHAEL TOERGE, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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