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HomeMy WebLinkAboutDraft Minutes_07-29-2010CITY 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. Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4