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HomeMy WebLinkAbout8/22/1988 Item #F-9aBY THE CITY COUNCIL — 2- 3 c f CITY Of NEWPORT BEACH Agenda Item No. F -9(a) AUG 2 2 1988 _C��; � MEMORANDUM OFFICE OF THE CITY ATTORNEY August 22, 1988 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Newport Dunes Project Introduction• On August 8, 1988, the City Council received a brief presentation from Larry Buxton regarding proposed changes to the Newport Dunes Redevelopment Plan. The purpose of this Memo is to explain the proposed changes and their relationship to the City /County /Newport Dunes Settlement Agreement. Background: In 1980, the orange County Board of Supervisors approved a Local Coastal Program, EIR and Redevelopment Plan for Newport Dunes. The City of Newport Beach filed a lawsuit challenging the adequacy of the EIR for the Plan and claimed jurisdictional authority to regulate the proposed redevelopment. This litigation was settled in 1983 with Council and Board approval of the Newport Dunes Settlement Agreement. The Settlement Agreement contained specific limits on the amount and type of development permitted within the Newport Dunes complex. Newport Dunes, Inc. is now proposing certain changes to the Redevelopment Plan which will require amendments to the Settlement Agreement. Discussion: For the most part, the revised Plan contemplates less development than authorized by the Settlement Agreement. I have prepared a chart which describes the relevant land uses in 1980, uses which now exist, uses authorized by the Settlement Agreement, and the changes now being proposed. The proposed changes can be summarized as follows: A. Eastside Commercial Development: Newport Dunes proposes to delete 5,000 square feet of office /commercial development and a 5,000 square foot restaurant that the Settlement Agreement authorized on the east side of the swimming lagoon near the pedestrian bridge. In consideration of the elimination of this development, Newport Dunes proposes to expand the marina center from 5,000 square feet to 6,200 square feet, plus an outdoor patio. The marina center is intended to serve primarily those using the launch facilities. The deletion of the marina business and restaurant uses should more than offset any increase in traffic generated by the small proposed expansion of the marina center. B. Boat Storage /Boat Launch Facilities: Newport Dunes propose to modify the boat storage and boat launch facilities, but the modifications appear to be beneficial to the City and potential users. The Settlement Agreement requires facilities for the storage of 400 boats. However, the original plan called for stacking boats in a relatively small area. The proposed plan calls for storage of all vessels at ground level and this will be much more convenient for boat owners. Boat storage and boat launch facilities are to be served by an area equivalent to a 250 space (125 car /trailer spaces) parking lot. The parking lot will be configured to accommodate cars with boat trailers and is intended also to satisfy the parking requirements of the marina center. The Settlement Agreement requires parking to be provided in accordance with City zoning standards. The City has no specific parking requirements for boat storage or boat launching facilities, but the marina center would require one space for each 250 feet of net public area. Guidelines promulgated by the State Department of Boating & Waterways call for a sufficient number of parking spaces "to meet the expected demand on a normal peak day during the boating season." Studies conducted by that agency suggest that typical parking requirements are from 25 to 30 car /trailer spaces per launching lane. (Approximately 150 spaces for the 6 lane ramp at the Dunes). However, a six month study conducted by the Dunes reveals an average of 107 boats launched per day on the weekends. Some of the vessels launched were from the dry boat storage area which can provide i 1 • • additional parking. The 125 car /trailer spaces proposed represent a significant increase above the 80 that currently exist and the 66 proposed in the original plan. On balance, the parking spaces proposed appear to be sufficient. C. R.V. Park: The proposal for development of an R.V. park is virtually identical to provisions of the Settlement Agreement. The Settlement Agreement specifies 444 R.V. spaces, 80% of which were to be full service spaces and an R.V. support center of approximately 5,000 square feet. The revised plan calls for 444 spaces, each served by electricity, water and sewer, the support center, and 110 visitor parking spaces. The R.V. spaces themselves will be larger than originally proposed. The revised plan appears to be a considerable improvement over that contemplated by the Settlement Agreement. D. Day Use Parking: The major disadvantage to the revised plan is a proposed reduction in day use parking. The revised plan would reduce day use parking from 800 spaces (minimum required by the Settlement Agreement) to 690 spaces. The reduction is brought about by the provision of visitor spaces within the R.V. park. Currently many of the day use spaces are occupied by persons visiting the R.V. park or by boaters using the launch area. While staff would prefer to see more day use parking, we believe the proposed increases in parking in the R.V. park (110 spaces) and boat launch facility (approximately 90 spaces) offset the loss in day use parking. Finally, the Settlement Agreement contains certain provisions which should be modified to reflect current conditions. For example, the parties were to have agreed, on or before January 1, 1984, on those circulation system improvements to be funded, in whole or in part, by Newport Dunes. No such agreement was reached and the City has constructed certain projects in anticipation of Dunes development. The Settlement Agreement does not contemplate a phased development nor the phasing of circulation system contributions. Staff would like Council authority to commence discussions relative to these changes in the hopes that all necessary amendments to the Settlement Agreement could be made at one time. 3 Recommendation: It is recommended City Council authorize this office, with assistance from the Planning Director and Public Works Director, to prepare amendments to the Settlement Agreement as follows: 1. Ground level storage for 400 boats on east side of lagoon; 2. Elimination of proposed marina business center and restaurant on east side of swimming lagoon (deletion of 5,000 square feet of commercial development and 5,000 square feet of net public area for restaurant purposes); 3. Expansion of eastside marina center from 5,000 square feet to 6,200 square feet, plus patio, provided the character of the marina center is limited to a facility primarily serving boat launchers; 4. Provision of a 250 space (minimum) boat launch and marina center parking area; 5. Reduction in day use parking from 800 spaces to 690 spaces; 6. R.V. park consisting of 440 spaces, full - service hookups, R.V. service center and 110 visitor parking spaces. It is also recommended that the City Attorney and City Engineer be authorized to discuss amendments to those provisions of the Settlement Agreement related to the .f Pling of circulation system improvements. 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