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HomeMy WebLinkAbout02/18/1999CITY OF NEWPORT BEACH • Planning Commission Minutes February 18, 1999 Regular Meeting - 7:00 p.m. • • RQLL GALL Commissioners Fuller, Ashley, Selich, Gifford, and Kranzley - all present (Commissioner Gifford arrived a few minutes late) STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Patricia L. Temple - Planning Director Robin Clauson, - Assistant City Attorney Dick Hoffstadt - Development Engineer Ginger Varin - Planning Commission Executive Secretary Patrick Alford - Senior Planner Minutes of January 18, 1999: Motion was made by Commissioner Fuller and voted on, to approve as written the January 1 &' Planning Commission Minutes. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Gifford Abstain: None Public Comments: None Posting of the Agenda: The Planning Commission Agenda was posted on Friday, February 12, 1999 INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes February 18, 1999 SUBJECT: Davidsson Residence (D & L Engineering, applicant) 3000 and 3002 Breakers Drive • Amendment No. 882 • Resubdivision No. 1059 Amendment to revise Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive in conjunction with the resubdivision of two parcels of land for the purpose of reorienting the front of the lots to Breakers Drive. An exception to the Subdivision code is also requested because the interior parcel is less than the required 50 foot lot width and 5,000 sq. ft. total area for interior lots, and the corner parcel is less than the required 60 foot lot width and 6,000 sq. ff. total area for corner lots. This item was continued, at staff's request, to the next Planning Commission meeting of March 4'" to allow for re- noticing of the applications. s Motion was made by Commissioner Kranzley to continue this item to March 4", as staff requested. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None • Abstain: None SUBJECT: Moriarty Residence (Fleetwood B. Joiner, applicant) 2128 Mesa Drive • Variance No. 1226 A variance to exceed the height limits for proposed alterations and additions to an existing single family dwelling unit. Mr. Patrick Alford noted the following: • Subject property possesses special circumstances: topography confining development to the southeast corner of the property and in close proximity to a horse rink. • At issue is whether strict application of height limits may deprive property owner of a substantial property right. • Garage and berm serving as buffer conform to the height limit - no relief is necessary from the zoning regulations to allow substantial use of the property. • View from first level may be impaired but this is a design consequence - not appropriate to use as justification for a variance. • Findings to support a variance are not present in this case. • At Commission inquiry, Mr. Alford confirmed^ the following additional INDEX Amendment No. 882 Resubdivision No. 1059 Continued to 03/04/1999 Item No. 2 Variance No. 1226 Variance withdrawn City of Newport Beach • Planning Commission Minutes February 18, 1999 • Width of the lot is in excess of 125 feet based upon an average measured 20 feet in from the front and 20 feet in from the rear with an average or mean of those two measurements. • R -A District requires a minimum lot area of two acres (which this exceeds) and a minimum lot width of one 125 feet (which this exceeds). • Development in R -A District is unique for these properties which are rather large, rural and similar in nature. • Due to the location and size of properties, they are semi- agricultural in nature and might be able to support a higher height limit than the rest of the City. • Most of the homes in that area have been approved In the past with a maximum height limit of 35 feet. • The existing unit on the property exceeds the 24/28 Height Limitation and was approved in 1956 to a maximum height limit of 35 feet. • This is a legal, non - conforming structure. • Consideration of a higher height limit on the subject property would involve an amendment to the Zoning Code and would have to be initiated by the City. Chairperson Selich, referencing the large plan handout referred to the south • elevation of the property. Discussion ensued regarding the existing grade, sloping topography and split building pads. Public Comment was opened. Fleetwood Joiner, architect on the property representing the property owner distributed an exhibit of pictures of the subject property. He noted that this is one of three neighboring unique acreage properties in the City. These properties were re- classified in 1997 to the 24/28 Height Limit Zone as explained in the staff report. The property owner wants the height limit to conform to the neighboring height limits of 35 minimum. Continuing, he noted this is a sloping piece of property, unique circumstance adjacent to an equestrian rink that creates a dust problem. The owner would like to reconstruct his property with the higher limit. But, based upon staff's recommendation, is willing to withdraw the request for a variance if the city would apply the 32/50 Height Limitation Zone to all R -A District properties. This property was purchased a little over a year ago, but the owner has not lived there. Commissioner Gifford clarified with Mr. Joiner that rather than have the variance denied; he would remove the variance request. Public Comment was closed. Commissioner Ashley noted that a variance should not be granted upon the information provided however, dealing with a particular zone that is not in • INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 • • any other are of the city, circumstances can be found to consider restoring the height limit that existed prior to the 1997 decision. The 35 -foot height limit is not out of the ordinary with an estate lot condition such as this. Concluding, he stated he is in favor of denying the variance request and amending the zoning ordinance to permit the development of homes In the R -A district that would have ceiling heights of 35 feet. Discussion continued on the responsibility of the applicant, timing of the Initiation and hearings. Public comment was re- opened. Mr. Joiner affirmed that the time frame as discussed was acceptable. Public comment was closed. Motion was made by Commissioner Gifford, resulting from the withdrawal of the variance request by the applicant, to initiate an amendment to the Zoning Code to provide for the previous height limit to be prevailing in this District. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None SUBJECT: Calculation of residential maximum floor area limits Amendment No. 884 A resolution of Intent to amend Section 20.10.030 (Property Development Regulation M) of the Zoning Code to exempt bathrooms, connecting corridors, foyers, and stairwells from the calculation of residential floor areas. Public Comment was opened and closed. Motion was made by Commissioner Ashley to adopt resolution of intent to revise Section 20.10.030 (Property development Regulation M) of the Zoning Code, since this item reflects the decisions made at an earlier meeting. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None 0 ICI»/ Item No. 3 Amendment No. 884 Approved City of Newport Beach • Planning Commission Minutes February 18, 1999 mechanic shop. The mechanical work was done by 1 - 3 mechanics. Equipment needed was approximately $30,000 installed in the shop. • Cars today can go up to 100,000 miles before a tune up is needed. • Cars today are very sophisticated and the regular mechanic can not do the job. • In order to hire two mechanics and pay them $50,000 each, would be $100,000 per year. The equipment would cost an additional $150,000. • One bay per year brings in about $15,000 per year. • The location of the building and the bays is designed for only 50,000 to 60,000 gallons. • A convenience store creates a relationship between the gas station and the market. The customers will come in to buy items as well as buy gas. • There are only three cities in Orange County that do not allow convenience stores at gas station sites. • Oil companies are not willing to spend money on stations that are not viable. • The city would realize taxes from $50,000 to $60,000 gross volume from a convenience store of 1,800 to 2,000 square feet as well as the additional tax revenue from the gas sales. • Car wash does not have any revenue for a city. • Concluding, Mr. Vakili presented an artist rendering of a proposed convenience market to be located on his site if the City allows convenience markets as an accessory use with gas stations. Robert Lintz a Chevron dealer, 30072 Crown Valley Parkway, Laguna Niguel spoke in support of the previous speaker. As an owner of three Chevron stations, one in Corona del Mar at Coast Highway and MacArthur, he noted his thirty -seven years of experience In the business. He stated that he was able to do the repair work and make a profit at it that would bring the cost of selling gas down to make a profit. This is not true anymore for the reasons stated by previous speaker. 90% of the service stations that have repair facilities are not making money on the service, which is why you see no service bays or service stations for the last 15 years. They all have convenience stores or car washes which are the drive in, roll over type that do not require the manpower that the full service ones do. The Chevron Company has told him that since Newport Beach will not allow his station to convert the bays to a convenience store, the company would consider selling it. The profit required by one of these stations can not be achieved in the auto repair business and it can not be done on gasoline alone. Concluding, he noted the following benefits to the city if the service stations with bays were allowed to be replaced by service stations with convenience markets: • Site cleaner - unsightliness Is removed • Better revenues for the city • 0 IL I14:1 City of Newport Beach • Planning Commission Minutes February 18, 1999 • Amendment No. 885 A resolution of intent to amend Chapter 20.80 (Service Stations) of the Zoning Code to update land use and property development regulations for service stations. Mr. Alford noted the following: • Ordinance is the some as last year's minus the provision that would have allowed eating and drinking establishments; and convenience markets. • We have included the updated land use regulations, landscape setbacks and procedures. • This is reflective of the directions given by the Planning Commission. • The limit of retail area to fifty (50) square feet would make the sale of alcoholic beverage sales impractical. At further discussion it was noted: • Other option is to maintain the current restrictions, which limits those types of sales to vending machines. • Issue of proportionality does not come into play given the small areas involved. • By right, if a service station that included retail is removed from a lot, a new convenience store can be placed on that lot. If they were to sell alcohol, they would be subject to the Alcohol Beverage Ordinance requirements. • Under the 50 square foot restriction, the proposed ordinance is written to include the cooler and storage areas. Public Comment was opened. Mr. Mansoor Vakili, station operator of a Mobil station at Pacific Coast Highway and Bayside as well as at San Miguel and San Joaquin, spoke in support of amending Chapter 20.80 Accessory Uses to allow convenience markets as an accessory use. (He then presented copies to the Commission of the zone code draft of 03/23/1998 highlighting Al, C 1 thru 61). At Commission inquiry, Planning Director Patricia Temple noted that the process tonight is an initiation of consideration. This is not the actual public hearing that would lead to approval or denial. Commission could direct staff to include any additional provisions in the initiated ordinance at this time. Mr. Vakili noted the following: • People expect to buy gas and convenience items. • The gas industry has changed. • City has an old ordinance that needs to be changed. • The gas station at Bayside is 2.5 million dollars of investment. • • The original design 30 years ago was less than 100,000 gallons with a 11,11410 Item 4 Amendment No. 885 Approved City of Newport Beach • Planning Commission Minutes February 18, 1999 At Commission inquiry, he noted the size of his Dana Point store is 2,200 square feet and the Lakewood store Is 4,400 square feet. Rick Yost, 22846 Pacific Coast Highway, Malibu - a property development specialist for Chevron spoke in support of a change in the ordinance. The vision Chevron has is to get out of the service bay business within the next three years. The research done by Chevron is that their customers are asking for the convenience store as they like the one stop shopping. At Commission inquiry, Mr. Yost noted the following: • The relation of fueling islands to store size. • Stores that are being built now with 12 fueling positions are roughly 1800 square feet to 2800 square feet, proportioned to the size of the lot. • Chevron has consultants who research areas and estimates store sales, • Chevron does not like to offer goods from a vending machine due to the limitations; the stores offer a wider array of goods to appeal to customers. • For the smaller lot sizes that would possibly have a convenience store replacing two bays, the proposal would be to convert the building, or tear it down to gain more efficiencies. • Main concern would be the circulation of customers and access onto the properties. • • Many of the stations were built years ago with the facility out in the middle for convenience. Now the facility would be built towards the back of the property. • Stations that sell gasoline only can earn a better price due to volume. Mr, Cyril Ramvhani, Territorial Manager of Chevron noted that Chevron owns and operates one station in the City of Newport Beach. The other station is a dealer owned and operated. Commissioner Gifford noted that the Planning Commission understands that every business in industry goes through changes and as yours changes, you need to find other means of revenue other than service. What we are struggling with is the business of alcohol and which choices are the best, convenience stores or should we allow the full range of options, eating establishments, car washes and so on. If we are talking about convenience stores, what size is appropriate? These are the types of information we hope to get from you based on your experience with convenience stores and where alcoholic beverages are sold. What are the percentages of volumes, how many of them and how many sell? Messrs. Ramvhani and Yost said they did not have that information but would be willing to supply it at a later time. At commission inquiry, he noted that at the facility in Corona del Mar, the building would be tom down if they were going to convert the bays as well as all the other three stations in Newport Beach. The timing on this would be by the year 2002. • INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 Mr. Lintz noted that the one store he has that sells alcohol represents 20% of his convenient store sales. The newly constructed stations are modern, well lighted facilities and well staffed. These factors deter crime. The additional Use Permits, voluntary conditions may be included to prevent single bottles, small containers and pay phones are call out only, parking lots well lighted and the employees are given training on how to sell alcohol and tobacco responsibly. He clarified that Chevron owns all of the their stations in Newport Beach. Some of the operators lease the stations and Chevron makes the decision on conversions. Nick Noeousc, Silver Crescent In Irvine as partner with Mr. Mansoor Vakili spoke in support of this issue for similar reasons stated above. Mr. Jim Kowlmaral with KHR Associates 2355 Main Street, Irvine spoke as a consultant to the oil industry noted his support for similar reasons stated above. Additionally, he suggested the following: • Types and number of uses within the service station facilities should be proportionate to the amount of land available for these activities. • Selling gas is profitable when sold in volume - in some areas; Walgreen and Price Club are selling gas. • • Allow flexibility with a product mix. • 50 square foot limit is a very small space and will not work in the practical world. Discussion followed regarding guidelines, quality, choices, land size, number of dispenser, volumes, profits, tank storage areas, building mass, limits, etc. Public comment was closed. Chairperson Selich confirmed with staff that if the Planning Commission decided to reopen consideration of the convenience store concept, a resolution of intent could be comprised in such a manner that there could be two alternative ordinances for consideration at the public hearings. Commissioner Kranzley noted that there are compelling reasons to look at this. If the service station itself does not make it, it can be scraped and a convenience store could remain. The Planning Commission would never be given the opportunity to look at that as a continued use. Chairperson Selich agreed with this and asked that there would be two ordinances for discussion. Ms. Temple stated that staff can finalize the resolution for signature at the next meeting. The wording would include that the initiation could consider alternatives with and without convenience stores. • INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 Motion was made by Commissioner Gifford to adopt a resolution of intent to amend Chapter 20.80 of the Zoning Code. There will be two ordinances for consideration, one to include the convenience market with a specified size and one without the convenience market concept. Ayes: Fuller, Ashley, Selich, Gifford, Noes: None Absent: None Abstain: Kranzley SUBJECT: General Plan Amendment 99 -1 Request to initiate amendments to the Newport Beach General Plan, as follows: A. 341 La Jolla Drive: A proposal to change the land use designation from Single Family Residential to Two - Family Residential. B. 3000 through 3012 Lafayette and 514 through 520 31" Street (Cannery • Restaurant and parking lot): A proposal to change the land use designation from Retail and Service Commercial to Single Family Residential for 11 lots. • C. 260 Newport Center Drive: A proposal to increase the development limit to accommodate a 323 square foot addition to an existing office building. D. Bia Canyon Area 1 (Sea Island Community Association): A proposal to increase the dwelling unit limit to allow the construction of three residential units on an existing tennis court. E. 3443 Pacific View Drive (Harbor Day School): A proposal to increase the development limit to allow the addition of a gymnasium to an existing school facility. F. 1009 Bayside Drive (Shark Island Yacht Club): A proposal to change the land use designation from Recreational and Environmental Open Space to Administrative, Professional and Financial Commercial to allow construction of an office building. G. Newport Center: A proposal to increase the development limitation for several areas of Newport Center as follows: ➢ Fashion Island: Increase the permitted development by 100,000 square feet. Item 5 TUDO 4 City of Newport Beach • Planning Commission Minutes February 18, 1999 • Block 500: Increase the permitted development by 450,000 square feet. • Corporate Plaza: Increase the permitted development by 69,000 square feet. • Corporate Plaza West: Increase the permitted development by 101,000 square feet. • Block 600: Increase the permitted development to allow the addition of 150 residential /resort units. • Avocado North: Establish entitlement to allow the development of day care and college uses. Chairperson Selich proceeded to explain the initiation and timing of the General Plan Amendment process. 341 La Jolla Drive: A proposal to change the land use designation from Single Family Residential to Two - Family Residential. Public Comment was opened. Mr. Bouche, 405 Santa Ana Avenue representing immediate neighbors stated his opposition to this initiation. Referencing the exhibit pointed out the • adjoining lots noting that the addresses referenced in the property owner's letter regarding the R -2 Zoning are on another Street (Catalina). He stated that the street is very narrow. Parking already is problematic. Public Comment was closed. Commissioner Fuller, agreeing with the spokesman, noted the absence of the applicant. He stated that the slope is an additional issue in the R -2 designation that is not present on this lot and most of the residences on La Jolla Drive are single family residences. Motion was made by Commissioner Fuller to recommend denial initiation of this request. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None 3000 throuah 3012 Lafayette and 514 through 520 310 Street (Cannery Restaurant and parking lot): A proposal to change the land use designation from Retail and Service Commercial to Single Family Residential for 11 lots. Commissioner Kranzley recused himself from deliberation on this matter. It was confirmed with legal staff that all that is needed is three out of four votes for • action. 10 11017 :1 City of Newport Beach • Planning Commission Minutes February 18, 1999 Public Comment was opened. Russ Fluter, Cannery Village Realty, 2025 W. Balboa Blvd. spoke representing the applicant noting that it is the intent of the owner to demolish a 10,000 square foot restaurant which sits on eleven lots. The current zoning allows a mixed use with the residence upstairs but they are asking to have eleven custom homes. The replacement of the high intensity Cannery restaurant /bar with these homes would be an impetus of a renaissance of the village. At Commission inquiry, he stated that the Commission could remove the four lots across Lafayette in consideration of this matter. Public Comment was closed. Motion was made by Commissioner Fuller to initiate this amendment but remove lots 11, 12, 13 and 14 from consideration, noting that they could be used for other than residential uses. Lots 1 thru 7 can be explored as single family residential use. Chairperson Selich noted that the single - family lots are out of context of • Cannery Village, the Specific Plan adopted and the current land uses. We are not into debating the merits, but this is completely out of the context. These homes would be 30 or 40 feet across from at least two bars that have been the source of a lot of problems. There are a lot of quasi - industrial marine types of uses that just do not seem compatible with single family homes. The homes on Lido Park Drive orient away from this area onto the other channel. He added that if we are going to look at making these kinds of changes, there ought to be a broader based study of the Cannery Village, and not just these lots. Consequences would be that there would be these 7 or 11 single family lots that would be out of context of what the City's plans for that area for years. Other consequences would be that we would end up walling off more of the bay from public access. This should be looked at within the entire concept of the village, rather that spot zoning. These would be costly homes and people will have a high level of expectations of what their environment is going to be. His recommendation is to look at the entire area, notjust these eleven lots. • Commissioner Gifford noted her agreement that the Cannery Village needs to be looked at within the whole context of the Specific Area Plan. Commissioner Ashley expressed his support of Chairperson Selich's comments concluding with a recommendation to look at this area through a general plan update as to the best use of the whole area, not just a portion. Chairperson Selich called for the vote on Commissioner Fuller's motion. 11 INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 Ayes: Fuller Noes: Ashley, Selich, Gifford, Kranzley Absent: None Abstain: None Commissioner Ashley asked for, and it was agreed, to continue the vote to later in the meeting. 260 Newport Center Drive: A proposal to Increase the development limit to accommodate a 323 square foot addition to an existing office building. Commissioner Kranzley took his seat on the Commission. Public Comment was opened. Bill Goring, 2372 Azure Avenue representing the owners of 260 Newport Center Drive asked that this item be initiated. He stated that this is a distinctive building dating from 1972. The maintenance has been deferred and the new owners wish to update and remodel and expand the lobby. The remodeling will include a mailroom, snack area and addressing the ADA Issues all within the existing footprint of the existing building. The building was constructed as a • cantilevered type of structure, so the expansion will be underneath the second floor area. The lobby will be expanded by 100 feet on each side and the front entrance will be changed to the westerly side. Public Comment was closed. Motion was made by Commissioner Gifford to initiate this request. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Big Canyon Area 1 (Sea Island Community Association): A proposal to increase the dwelling unit limit to allow the construction of three residential units on an existing tennis court. Public Comment was opened. Marie Luna, 31681 Camino Capistrano, Suite 105, San Juan Capistrano spoke representing the Sea Island Community Association. She noted the following: • Existing tennis court Is located in a remote location of the community and very rarely used. • Community has been plagued with maintenance and drainage problems in the parking structure located below many of the units. • • Association fees are high, in excess of $400, that make the units difficult to 12 INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 sell, many of which are undervalued with these fees. • The bulk sum of monies from the sale of the three new units would be used for the needed maintenance repairs. • The Community wishes to maximize the use of this property. Commissioner Ashley noted his concern with the removal of a tennis court and the addition of three new units. There are five single story units with private garages that were always the most valuable units in the Big Canyon Town Homes. Ms. Luna noted that the majority of the homeowners were aware and in favor of this happening as poled by the Board of Directors. A prospectus has been done for the properties. Currently some of these units are for sale ranging in price from $219,000 to $289,000, which seem to be below market given their location. The Board of Directors feel that the tennis court as not being used could be turned into three new units. The profits would be used for maintenance on the parking garage in particularly. She noted that the Planning Commission could make a condition to the Site Development Plan to specify that the monies from the sale of these three new units would be specifically for the maintenance and repairs. . Ms. Luna was unable to provide any cost estimate information as asked by the Planning Commission. Public Comment was closed. Motion was made by Commissioner Fuller to initiate this request. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None 3443 Pacific View Drive (Harbor Day School): A proposal to increase the development limit to allow the addition of a gymnasium to an existing school facility. Public Comment was opened. Sidney DuPont, Headmaster of Harbor Day School spoke in favor of this application stating that they would like to enclose two basketball courts and replace with a new building due to scheduling problems. Public Comment was closed • 13 INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 Motion was made by Commissioner Kranzley to initiate this request. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None 1009 Bayside Drive (Shark Island Yacht Clubs A proposal to change the land use designation from Recreational and Environmental Open Space to Administrative, Professional and Financial Commercial to allow construction of an office building. Ms. Temple noted that without concurrence of the fee property owner, It is inappropriate to initiate the amendment, since the property owner's concurrence is required. The item was then removed from consideration. Newport Center: A proposal to increase the development limitation for several areas of Newport Center as follows: ➢ Fashion Island: Increase the permitted development by 100,000 square feet. • ➢ Block 500: Increase the permitted development by 450,000 square feet. ➢ Corporate Plaza: Increase the permitted development by 69,000 square feet. ➢ Corporate Plaza West: Increase the permitted development by 101,000 square feet. ➢ Block 600: Increase the permitted development to allow the addition of 150 residential /resort units. ➢ Avocado North: Establish entitlement to allow the development of day care and college uses. Public Comment was opened. David Neish, Culbertson, Adams and Associates spoke representing the Irvine Company. This proposal came about at the request of the City Council. At Commission Inquiry he noted the following: Avocado North as a site is around three to four acres and with the transit facility around eight or nine acres. • Block 500 - the proposed increase will be in a multi -story tower, located immediately behind the two existing Irvine Company towers which may be removed at least in part. A parking structure will be necessary to accommodate the additional office development. • Corporate Plaza - Mr. Neish presented an aerial picture with the proposed additional square footage development overlayed. He explained where the site(s) are proposed to be. • Corporate Plaza West - there is no specific designation; it will be evaluated • 14 INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 if this amendment is initiated by City Council. The specific site plan will be brought back that may have the option to encroach within the circle of palm trees. Block 600 - The Four Seasons Hotel is in this block. It is the desire of the Irvine Company to situate there, some type of residential villas or casitas associated with the hotel. They would be within the vicinity of the parking lot immediately west of the Wells Fargo tower. It would be a maximum of 150 units. Concluding, Mr. Neish stated this is the first step of the process. If the City Council initiates this, we will then begin in cooperation with the staff to prepare all the environmental evaluations, as well as traffic studies and more precise plans of what is being proposed. Alan Beek stated his concerns: • Newport Beach has an inconsistent General Plan. • Rejected a freeway going through Newport Beach and don't want it coming in through the back door. • Every expansion of the Land Use Element makes more traffic and makes the conflict worse. • EQAC is calling for a review of the General Plan to resolve the conflicts. • • • Expansion (if any) will be addressed through the Land Use Element. Premature to consider these new proposals for office tower. • The Irvine Company is very forthright to bring this proposal forward. • Piecemeal expansions only add to the difficulty of cleaning up the General Plan. SPON Steering Committee has declared: Newport Beach's main problem is an unbalanced General Plan. Making the General Plan balanced and honest is the first priority. The Traffic Phasing Ordinance is the only safeguard, for the General Plan has failed. Making adjustments to the TPO is second priority. The Land Use Element should in no case be amended to allow even more development. This would add extra local traffic on top of the traffic authorized by the present Land Use Element, plus future regional traffic. Some of our neighbor cities choose to locate traffic generating developments right on our borders, where Newport Beach must bear the brunt of the traffic. We should apply to the County to have a portion of those neighbors' Measure M funds diverted to Newport Beach. Public Comment was closed. Commissioner Ashley noted his concerns: • Need a thorough study of what is transpiring in this area. • What would the full impact be with approving these in an Incremental way? Chairperson Selich noted: • City Council has elected not to do an overall General Plan Amendment 15 mk 11 :1 City of Newport Beach • Planning Commission Minutes February 18, 1999 update for the City that has been recommended by the Planning Commission as well as other bodies in the City. The Council's decision is to focus on Newport Center /Fashion Island and the airport area. It is not incremental or piecemeal planning to take an area of the city that is geographically large enough with a degree of homogenous characteristics it is not inappropriate to do that. You don't have to do the entire City. A General Plan Amendment in Newport Center has to go beyond what the Irvine Company is requesting here. There is a pending request from Pacific Mutual Plaza, which should be included. The smaller general plan amendments such as the lobby expansion, and an earlier tent permanent status on Pacific Mutual should be taken out. The Land Use Element is almost like a zoning ordinance. Most cities have a Land Use Element that is general. There is a terrible parking problem in the 400 Block where all the medical buildings are that has an impact on Newport Center. Our recommendation to Council should be that they take a comprehensive look at all of Newport Center, not just the items that the Irvine Company is requesting, there is a bigger picture here. Newport Beach Country Club is rumored to be wanting further development. • Motion was made by Chairperson Selich to recommend to the City Council that they take an overall comprehensive planning effort look at all of Newport Center, not just the Items that the Irvine Company is requesting. Public Comment was opened. Mr. David Neish stated that The Irvine Company does not own all of Newport Center. There are certain parcels in Fashion Island that they do control. There is only so much that can be done and processed by TIC. These proposed amendments are a response to the Council. Maybe they should make this some request to other property owners in Newport Center. It doesn't mean that the other property owners want to do anything at all or this is a time frame that they would. Chairperson Selich stated that a comprehensive study should be done on the Center. Discussion followed regarding the application for the Local Coastal Program funding and the application of these to the coastal area, the airport area, the Newport Center area and the interrelationships. Chairperson Selich restated his Motion that Item G Newport Center be approached on a comprehensive basis and take into account the Irvine Company request, all existing pending requests for general plan amendments • in Newport Center with the exception of Pacific Mutual request for the tent and 16 fPI7o City of Newport Beach • Planning Commission Minutes February 18, 1999 Company. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Commissioner Kranzley recused himself from further deliberation on the Cannery Village. Motion was made by Commissioner Ashley to recommend to City Council that Item B, Cannery Village be initiated as an amendment to the Newport Beach General Plan as an element for a larger all comprehensive review for Cannery Village. Public Comment was opened. Mr. Fluter noted the following: • The Snug Harbor Bar and the old boat yard that surround the property are controlled by some of the partners doing this Cannery renovation. They • have made a commitment to improve those properties if this project goes forward. The lots in question are 9 and 10, 6 and 7. Public Comment was closed. Chairperson Selich called for the vote. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Motion was made by Commissioner Gifford to tying the airport area general plan, the Newport Center general plan and the Coastal Planning Program together. Commissioner Ashley voiced his concern about tying these three plans where there may be a lack of resources. Chairperson Selich noted that the Economic Development Committee is taking an action next week to recommend to City Council that the 1999 -2000 and the 2000 -2001 budget cycle the City budget funds to do a General Plan Amendment and Master EIR in the airport area. Two of the City Councilmembers who are on the EDC Executive were in attendance during this discussion and are in support. There will be some discussion in the EDC as to • whether the City can foot the whole bill which we are estimating at $300,000 to 17 INDEX City of Newport Beach • Planning Commission Minutes February 18, 1999 $500,000 or whether it should be something to be split among property owners in the airport area and the City. The motion is not inappropriate, rather what the Planning Commission is doing and what EDC is doing, support each other. The timing of the LCP application and getting underway, if the Council approves funds in this year's budget cycle they would occur at the same time. Ms. Temple noted that the funding cycle is the fiscal year 1999 -2000. It should not be assumed that we are going to receive the full funding we have asked for from the Local Coastal Program Grant. Chairperson Selich noted that the Council should be allocating money to the airport area, if we don't start laying foundation for this, it won't happen. We are actually encouraged by the Councilmembers at the EDC meeting to put this on the agenda and present it to the Council as a full body. With these three areas together the rest of the City is developed. Mrs. Wood suggested a change in the verbiage of the Commissioner Gifford's motion to read: Recommend to the City Council that the studies include the interrelationships between Newport Center, the Airport Area, and the LCP planning area, in the event all three planning programs move forward. • This was c Ayes: Noes: Absent: Abstain: igreed upon by the Commission and the vote was called for Fuller, Ashley, Selich, Gifford, Kranzley None None None ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - It was reported that at the meeting of February e, the Planning Director submitted a grant application in the amount of $400,000 for the Local Coastal Program that would include a market study of the commercial areas. Additionally, the Council adopted the amendment for the Holtze and Lennar Partners project and continued the Planning Commission appointments to February 22' when the full Council will be in attendance. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich reported that the EDC will be taking final action on the Traffic Phasing Ordinance which Is • scheduled for March le Planning Commission meeting. The EDC has 18 INDEX Additional Business City of Newport Beach Planning Commission Minutes February 18, 1999 been made aware of a grant program through the Edison Company for an electric 20- passenger shuttle. The EDC will be looking into this matter. C.) Matters that a Planning Commissioner would like staff to report on at subsequent meeting - none. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none e.) Requests for excused absences - none ADJOURNMENT: 10:00 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • 19 INDEX Adjournment