HomeMy WebLinkAbout05/07/1998•Planning Commission Minutes CITY OF NEWPORT BEACH
May 7, 1998
Regular Meeting - 7:00 p.m.
•
0
ROLL CALL
Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford,
Adams and Ashley - Chairperson Kranzley was excused and
Commissioner Gifford arrived late
STAFF PRESENT:
Sharon Z. Wood, Assistant City Manager
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Rich Edmonston, Transportation and Development Services Manager
Ginger Varin, Planning Commission Executive Secretary
Minutes of April 23,1998:
Motion was made by Commissioner Ridgeway and voted on to approve,
as written, the April 23, 1998 Planning Commission Minutes and the
correction to March 19th minutes regarding Use Permit No. 3622, Billo's Cafe
Findings and Conditions.
Ayes: Fuller, Ridgeway, Selich, Adams and Ashley
Noes: None
Absent: Kranzley, Gifford
Abstain: None
Public Comments none
Postina of the Aaenda:
The Planning Commission Agenda was posted on Friday, May 1, 1998
outside of City Hall.
Minutes
Approved
Public Comments
Posting of the Agenda
• City of Newport Beach
Planning Commission Minutes
May 7, 1998
Feldman Residence, 3709 Ocean Blvd.
Richard Natland, applicant
• Variance No. 1220
Variance request to permit additions and alterations to an existing single
family dwelling using the established 67.5 feet at Mean Sea Level,
approved by the Planning Commission on April 24, 1980. The specific
request is an expansion that is seaward of the property and is
approximately 11 feet 6 inches beyond the previous approval by the
Planning Commission. A Variance is required to exceed the height limit,
due to the unusual topographyof the site.
Mrs. Genia Garcia, Associate Planner, noted that the property was built in
1959 and in 1980 the Planning Commissioner approved the establishment
of grade at 67.5 feet at mean sea level over the existing sewer line. At
that time a flow line test established that the natural grade on the
property was approximately three feet below the 67.5. In 1997, the
applicant submitted plans for an approval in concept. At that time staff
made the determination that the previously approved establishment of
grade could be applied to the proposed addition. In January 1998, the
owners applied for a building permit. Upon a closer review of the scope of
• work, it was determined by the Planning Director that the previous
establishment of grade would not be applicable to this project and that
the Planning Commissioner should review this project. She ended noting
the following:
The remodel will include:
• expansion of a four level single family dwelling
• extension seaward of approximately 11.5 feet
• deck extensions on three levels
• height of top rail at top level is no higher than 24 feet (using the
reference point of 67.5 ft)
• new decorative roof entry over the front door on the Ocean
Boulevard side of the property (10 '/2 inches above the top of curb
elevation)
• additions and extensions of the buildings are behind the silhouette of
the building and seaward of the property
Commissioner Selich affirmed that the existing profile that is seen from the
street remains the same in terms of the maximum height.
Commissioner Ridgeway asked if there was an existing Encroachment
Permit with this property to which he was answered, yes, and that the
applicant is working with the Public Works Department.
Mrs. Garcia added that any planting along Ocean Boulevard should not
• exceed the curb height. The applicant has been required to trim the
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Rem No. 1
Variance No. 1220
Approved
• City of Newport Beach
Planning Commission Minutes
May 7, 1998
current landscape in accordance with the Public Works Encroachment
Permit. She also noted that the property extensions will not interfere with
the views of adjacent lots as this lot is set further back on the slope than
the adjacent properties.
Public Comment was opened.
Richard Natland, architect, presented photos of the property taken from
ocean side and street side. In response to Commission inquiry, stated that
he understands and agrees to the findings and conditions of Variance No.
1220.
Gary Feldman, owner of 3709 Ocean Boulevard addressed the
Encroachment Permit issue raised earlier. He noted that he works with the
city forester who approves the trimming that is done on a regular basis at
least once a year.
Commissioner Selich asked staff, in the terms of landscaping, is it required
to meet the some height limit as the zoning on the property?
Ms. Temple answered that the City Zoning Code does not address heights
is of landscaping. However, the Public Works Department, when they are
dealing with landscape in public right -of -way, will impose the Ocean
Boulevard height limit when feasible.
Mr. Phil Sansone, President of the Corona del Mar Residents Association,
noted his concern with the shrubbery in the encroached areas along
Ocean Boulevard from Poinsettia to the entrance to the Little Corona. He
requested that the Commission request that the Public Works Department
be required, when re- issuing the encroachment permit for this property, to
include shrubbery height limits. He then proceeded to discuss the work of
the city forester and administration citations with escalating fines.
Mr. Feldman, at Commission inquiry, noted that his landscaping is
comparable to everyone else's on the block and that he is interested only
in a barrier between the street and his home and not in high growing
trees.
Public Comment was closed.
Motion was made by Commissioner Ridgeway to approve Variance No.
1220 noting that the Encroachment Permit addresses the landscaping
consistencywith the other Encroachment Permits that exist.
Without objection and by show of hands, Motion Passed.
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
Findings:
That the proposed development is consistent with the Land Use
Element of the General Plan and the Land Use Plan of the Local
Coastal Program and a single family dwelling is a permitted use
within the "Single Family Residential' land use designation.
2. That this project has been reviewed, and it has been determined
that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 3 (New
Construction or Conversion of Small Structures).
3. That the following exceptional or extraordinary circumstances
apply to the land and building referred to in this application, which
circumstances or conditions do not apply generally to land,
building and /or uses in the same District:
• The topography of the lot inhibits the property owner from
designing an addition that meets the height requirement
because the slope of the lot is steep.
• • The lot is constrained by the eroded slope area under the
existing decks which makes the determination of natural
grade difficult.
• The lot is constrained by a shorter depth due to the steep
slope and coastal cliff at the water side which restricts the
siting options of the structure on the lot.
4. That the approval of Variance No. 1220 is necessary for the
preservation and enjoyment of substantial property rights of the
applicant since the proposed project is generally proportional or
smaller in size, bulk and height than other buildings in the
surrounding neighborhood and strict application of the height
requirements would result in a redesign of a large portion of the
dwelling to comply with the height limit.
5. That the granting of the application is consistent with the purposes
of the Zoning Code and will not constitute a grant of special
privilege inconsistent with the limitations on other properties in the
vicinity and in the same zoning district since there are no other lots
that have incurred a major sewer line leak. In addition, the
granting of the variance will allow additions to the dwelling that
are compatible with the surrounding neighborhood, comparable
in size and height.
6. That the granting of a variance to allow the structure to exceed
• the permitted height limit will not be detrimental to the health,
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
safety, peace, comfort and general welfare of persons residing or
working in the neighborhood of the subject property and will not
under the circumstances of the particular case be materially
detrimental to the public welfare or injurious to property
improvements in the neighborhood because the proposed project
will improve the aesthetics of the property and enhance the
overall neighborhood because the additions are hidden from view
from Ocean Blvd., and the front entry roof is below the height of
the existing roof.
That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through
or use of property within the proposed development since
conditions have been included in regards to development within
the public right -of -way.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan,. floor plan and elevations, except as noted
below.
• 2. That an Encroachment Agreement shall be obtained through the
Public Works Department for the existing and proposed private
encroachments (walls, stairs, electrical, planters, etc.) located
within the public right -of -way on Ocean Blvd. The Encroachment
Agreement shall be executed prior to issuance of building or
grading permits for the proposed building alterations.
Standard City Requirements:
3. That all public improvements shall be constructed as required by
Ordinance and the Public Works Department.
4. That disruption caused by construction work along roadways and
by movement of construction vehicles shall be minimized by
proper use of traffic control equipment and flagmen. Traffic
control and transportation of equipment and materials shall be
conducted in accordancewith state and local requirements.
5. That overhead utilities serving the site shall be undergrounded to
the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code unless it is determined by the City
Engineer that such undergrounding is unreasonableor impractical.
6. That Coastal Commission approval shall be obtained prior to
• issuance of any building permits.
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
That the Planning Commission may add to or modify conditions of
approval to this variance upon a determination that this variance,
causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
That this variance shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
SUBJECT: JP's of Newport Beach (Erik Rameson, applicant)
3450 Via Oporto
• Use Permit No. 3626
Request to allow the re- establishment of the existing Warehouse
Restaurant which included on -sale alcoholic beverages, dancing and live
entertainment as JP's of Newport Beach, a new full service restaurant and
entertainment facility. The application includes alcoholic beverage
service, outdoor patio dining, both indoor and outdoor live musical
entertainment and indoor dancing. The application also includes a
request to permit a variety of interactive and skill games, the use of valet
parking service and to waive a portion of the required parking.
Ms. Temple noted that this application involves a re- configuration of an
existing restaurant formerly known as the 'Warehouse' into a new
operation which includes a different operational characteristic including
interactive video games. Staff has taken the position, due to the
moveable nature of the games involved and the amount of floor area
occupied, that the analysis should be based upon a regular restaurant net
public area analysis for the game area. If Commission supports the
application on that basis, then a waiver of 119 required parking spaces for
the operation is required. The Warehouse Restaurant as it is today, under
the one parking space for every 40 feet of net public area would require a
waiver of 90 spaces. Staff has looked at an alternative parking analysis for
this project as a result of conversations with Commission that would be
based upon:
• 2 "d floor includes a bar /lounge /dance area, but is dominated by the
video floor area with a low seating saturation
• video game area has a much lower parking requirement than
conventional restaurant seating (1/10 of requirement)
• video game area would not likely be occupied for conventional
restaurant seating although some beverages and light food items can
be served in that area
• by using the alternative parking approach, the parking requirement
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Item No. 2
Use Permit No. 3626
Continued to 5/21/98
• City of Newport Beach
Planning Commission Minutes
May 7, 1998
would be 216 spaces resulting in a waiver of 41 parking spaces
A lower parking waiver would preclude the eventual conversion of the
new arcade area to standard restaurant service if the business were to
change hands, and, would require an amendment to the use permit with
an additional discretionary waiver of the parking. The City would be in a
stronger position were other changes to occur over time to this particular
business. Continuing, she stated this is an alternative for Commission to
consider. In addition, one of the conditions of approval would be to
require all the customers be allowed to park or to be served by valet
parking at no charge. There may be some other arrangements or
agreements that the City is not a party to that may indicate that some
patrons may be required to pay for the valet service. If the alternative
approach is considered, then condition number 2 would need to be
changed to a waiver of 41 parking spaces instead of 119 parking spaces.
Additionally, the property owner does control a parking lot on 32nd Street
to help support the overall parking requirement for Lido Marina Village
and suggested an alteration to condition number 16 that would require
that all employees park in the parking structure or on the 32nd Street lot.
Commissioner Fuller asked about and was answered:
• notified property owners across the channel - location relative to
residential uses would not be affected in this case, therefore, they
were not notified
• any studies done on parking as expressed by the Via Lido- the owner
of the Via Lido Plaza has provided a number of documents over the
years both of complaint and documentation of 'poached' parking
between the two properties
Ms. Temple noted that better utilization of the on -site parking resources will
assist the situation. The change of operational characteristics with a high
level of floor area occupied by non - conventional restaurant service should
lower the overall parking demand from this particular business. Currently
the property owner polices people from parking in his lot. It is the City's
hope to involve all of the property owners in a study of this area for some
type of a comprehensive parking study.
Mr. Myers added that is part of the reason for the requirement of the use of
valet parking, to get the full utilization of the parking structure. Based on
staff's observations, the parking structure use during the week was minimal
and on the weekends and at night, was negligible. The use permit for the
'Thunderbird' has been revoked and it would require any new applicants
to come back to the Commission. If that site were put to some use, it
would require additional parking somewhere. The parking structure that is
there, includes usage of that same building since there are 395 spaces
and if used to the maximum potential would provide an adequate
. amount of parking.
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Planning Commission Minutes
May 7, 1998
Ms. Temple stated that the City's Zoning Code was changed from parking
based on number of seats to parking based on net public area because it
is much easier to enforce and the formulas were devised using a standard
restaurant seating saturation in order to devise the net public area. The
area on the second floor that is really for beverage service and, dancing
have been left calculated at the conventional restaurant rate. It is only
the gaming area that staff is suggesting using the alternate ratio.
Comparisons of 1 parking space for every three seats - now 1 parking
space for every fifteen square feet per seat, then the ratio would be I
space for every 45 square feet.
Commission asked:
1)
under existing Code, is there a difference in the parking requirement
between a bar and a restaurant
2)
staff report indicates that the existing use permit is a re- establishment,
is the existing use permit still operational and valid
3)
whatever form this current application was either approved or denied
the applicant would still be able to go back and establish their use
within the parameters of the Warehouse use permit which would
include a waiver, by today's standards, of 91 parking spaces
4)
when the original use permit was approved under the old parking
•
standard of 1 per every 3 seats, were there any waivers granted
5)
when the 'Thunderbird' was in operation, how many parking spaces
were they required to provide in the parking structure
6)
with 175 spaces at night for Warehouse, the remaining 200 spaces
were to be used for the Thunderbird and remaining retail uses
7)
under the existing use permit of the Warehouse, how many seats are
allowed
8)
busing or transportation to the 32nd Street parking lot where the unused
bank kiosk is located
9)
Via Oporto private or public street
10) is there an easement that Lido Marina Village maintains
11) going back to the existing use permit in this application, the difference
between the two applications is:
• the net public area is being increased by 1141 square feet
• the applicant is putting in video arcade games
• all other things the applicant is requesting are permitted under
the existing use permit
12) the conditions that speakers located in the outdoor dining area shall
comply with the provisions of Chapter 10.26 of the NBMC - is this the
Noise Ordinance
Staff answered:
1) there is not, however, the Restaurant Parking Chapter allows the
Planning Commission to establish a parking requirement within the
• range of 1 per 30 to 1 per 50 square feet of the net public area
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
Public Comment was opened.
Mr. Jerry King, representing the applicants, distributed pictures of the
interactive video games. He noted they are not the kind of equipment
that is moved around and is therefore in support of what staff is supporting
in the parking analysis. He has talked to the residents in the area,
particularly in the Towers. There have been no complaints while the
previous owners had outdoor dining, dancing or noise. In the upstairs
area, there is not a lot of seating. During the prior occupations of the
other business, there was a tendency to park across the street and the
operators of that center have been diligent in noticing people and /or
towing cars. The applicant has been asked to have a security service as
part of this operation which is included in the packet. Part of the
personnel represent security who patrol the floor of the restaurant and
control the activity on the floor and around the outside including the
patio. He supports the findings and conditions noted in the staff report
and with the changes indicated this evening.
Staff noted that the plans show that the number of existing seats is the
•some as the proposed number of seats (524) which includes the seating in
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depending on the operational characteristic (separate standards
could be established for a bar area use within a restaurant use)
2)
yes
3)
yes, that is correct
4)
no, there were not - there was a limitation imposed on the seating
and occupancy
5)
not known
6)
retail and restaurant, compared to today's parking standards, the
parking structure in itself would not provide the full parking compliment
for all the uses in Lido Village
7)
524
8)
there is a potential for the property owner, it he chooses, to require
employees of the Warehouse site to park at 32nd Street, he would be
required to provide some sort of shuttle service and security for those
employees
9)
publicstreet
10) there is a non - standard improvement approved through an
encroachment agreement and Lido Marina Village is required to
maintain the brick street
11) there are some modest differences
• there is a slight increase in hours of operation in the morning
• staff is suggesting that the number of entertainers allowed on
•
the outdoor patio be limited to a maximum of two where there
is currently no limit.
• other than that, the operation is largely the same
12) yes, Chapter 10.26 of the NBMC is the Noise Ordinance
Public Comment was opened.
Mr. Jerry King, representing the applicants, distributed pictures of the
interactive video games. He noted they are not the kind of equipment
that is moved around and is therefore in support of what staff is supporting
in the parking analysis. He has talked to the residents in the area,
particularly in the Towers. There have been no complaints while the
previous owners had outdoor dining, dancing or noise. In the upstairs
area, there is not a lot of seating. During the prior occupations of the
other business, there was a tendency to park across the street and the
operators of that center have been diligent in noticing people and /or
towing cars. The applicant has been asked to have a security service as
part of this operation which is included in the packet. Part of the
personnel represent security who patrol the floor of the restaurant and
control the activity on the floor and around the outside including the
patio. He supports the findings and conditions noted in the staff report
and with the changes indicated this evening.
Staff noted that the plans show that the number of existing seats is the
•some as the proposed number of seats (524) which includes the seating in
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
the game areas.
Mr. Don Gregory, 601 Lido Park Drive noted the following in opposition to
this application:
• to allow a uniform code of hours and noise abatement for restaurants
to be established by members of the EQAC
• noise consultantwill be meeting with EQAC shortly
• application is really for a different type of sports bar
• hours are far beyond what has been allowed
• this location is very calm now
• people do not eat later than 11:00 p.m. and only come to drink and
hear music
• parking is a concern
• asked to continue this item to allow time for the EQAC to offer
suggestions
• wants to be fair to all the businesses and residents in the area
William Bissell, 1200 Quail Street representing Lido Partners owner of the Via
Lido Plaza Shopping Center spoke in opposition. The Lido Partners,
merchants and tenants are surprised that Commission is even considering
the waiver of 119 parking spaces or 41 spaces under the alternate plan.
• Lido Partners and the merchant tenants feel they have long bom the
burden of the inadequate parking at the Lido Marina Village through
increased maintenance costs and security costs and loss of business. This
particular project does nothing to relieve that burden but instead will
compound it. Staff's report on the plan appears to be based upon an
analysis that the parking structure in Lido Marina Village is under utilized.
The report however, does not make an attempt to make a finding as to
what is the cause of that. That is obvious, the cost of the parking structure
parking when there are 300 free parking spaces just steps away. Under
this particular plan this will continue. The merchants, tenants and Lido
Partners are only concerned with the burden of the additional parking.
We hope a resolution can be found but not at the expense of other
tenants. Free parking and validation would be a step in the right direction.
Commissioner Adam noted that the free parking or free valet parking
would be an incentive to utilize the parking structure and thereby help to
eliminate the use of the center parking.
Public Comment was closed.
Commissioner Gifford asked about an agreement that was under
consideration and altering the conditions of parking and charges.
Ms. Temple noted that some of the agreements are not completed yet,
although there has been some private litigation and settlement
• agreement relating to parking at the structure. Should the Commission
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
elect to approve this application with the City's condition in regards to
free parking for customers of this business, it could require that the owner
go back and re- negotiate some of the settlement agreements. They
would be required to do so before they could implement the approval.
Public Comment was re- opened.
Mr. Jerry_King stated that the applicant is in agreement with validating the
parking for patrons but as part of the settlement agreement which is still
not signed and open, the applicant was unaware that there was a clause
requiring that the Warehouse pay a portion for the valet. There is a clause
that the valet has to be paid. This is an issue that will need to be
addressed by the applicant.
Commissioner Selich clarified that the conditions in the staff report say
that the valet parking will be free, and parking in the parking structure will
be free with no time limit. Mr. King agreed and stated that they have
actually given the patron four hours.
Commissioner Adams asked under what conditions the applicant would
validate the parking? He was answered that it would be validated for four
• hours with no minimum purchase requirement.
Discussion continued on parking validation time limitations, signage,
tenant responsibility, off-site parking for employees at 32nd Street lot or with
no charge in the parking structure and a requirement of a valet parking
plan from the applicant for city review.
Public Comment was closed.
Mr. Edmonston noted that there a number of places within the city that
have valet stacking and drop off on a public street. It is preferred that it
be done on site.
CommissionerAdams noted the following:
• this looks like a unique opportunity to solve a long standing parking
problem
• free parking required of a major tenant - should shed some of the
parking demand into the parking structure
• reducing net public restaurant area in the village - thereby reducing
future uses of this permit in a more intense manner without a public
hearing
• no answer to the problem that Lido Partners is having that is better
than this opportunity
Continuing, he noted that there is not enough data to be confident that
• there is enough parking in the area to be waiving anywhere from 41 to 119
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May 7, 1998
spaces. Therefore, he recommends that a study be done encompassing
the use of '/2 hour increments over Thursday, Friday, Saturday and Sunday
as well as factoring summer activity. Also, Commission needs to know
what the present and future demands are with all sites being occupied.
This information will allow proportional parking spaces. A continuance to
do a parking study will not be enough to include what the EQAC
recommendations might have. The timing will be too long for that and we
have to be fair to this business although it would be nice to be able to do
wait for EQAC.
Mr. Edmonston noted, at Commission inquiry, that at the peak of activity
the parking structure was full to the point that cars were parked in aisles
and the two entities had valet service. The Lido Plaza, City Hall and
surrounding streets were full when the Baccus and the Warehouse were in
full operation. The uses were not operating as restaurants only.
Commissioner Ridgeway supported the application recognized the need
for an additional study for stated reasons. He added that the conditions as
proposed, number 8 should read that the Noise Ordinance shall apply to
the entire project. Motion was made by Chairperson Ridgeway to
continue this item to allow a parking inventory to be done in the parking
• structure, Lido Marina Village, the office building, the bank building and
the 32nd Street parking.
Commissioner Adams asked for a capacity study to be done to
understand the current tenant situation. He asked staff if the applicant
could do this study.
Mr. King noted that three professional studies have been done on the
parking structure over the years. Some of the areas that have been
traditionally been Magic Island and the Thunderbird, have been
converted to office uses. The second floor of the former night club is gone.
Commissioner Adams stated that there is not enough data to approve this
application and that the applicant needs to do whatever is necessary to
make a case to assure that parking can be squared away in this area. If
you can utilize old studies, that's fine. Commission just needs and wants
this information.
Commissioner Giff ord stated that there is not enough information given to
the Commission. The Commission is stating that we need to know exactly
what is included in Lido Marina Village, what the parking demand would
be if all the parking spaces were used to the maximum parking demand
use that is authorized presently under the Code and under what
conditions the 32nd Street lot can be used.
• Public Comment was closed.
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• City of Newport Beach
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May 7, 1998
Without objection and by show of hands, Motion Passed.
SUBJECT: Recreation and Open Space Element
(City of Newport Beach, applicant)
• GPA 94 -2 (E)
A comprehensive update of the Recreation and Open Space Element
of the General Plan.
Ms. Temple noted that in the audience there were people who
contributed to this plan and will be speaking:
Mr. Larry Lawrence - consultant and preparer of draft element
Ms. La Donna Kienitz - Director of Community Services
Ms. Pat Beek - member of Parks, Beaches and Recreation Commission
who reviewed this element prior to its being forwarded to Planning
Commission for review
. Mr. Patrick Alford presented the staff report noting the following
changes:
/r add the provision of adequate parking to Policy 2.6 on Page 3 -6
�• add references to CIOSA section (Page 1 -7) clarifying that certain
sites may be used for senior housing.
• revise Service Area 9 map to show Newport Dunes as a private
recreational facility
and additionally noting:
• comprehensive update to replace 1985 version
• update of future needs and existing facility
• a more effective format and organization of policies and data
• Bonita Canyon Area annexation will be updated
Ms. Temple, at Commission inquiry, explained that the element was
drafted by the consultant and was reviewed in sub - committee of the PB
& R Commission. Subsequent to the preparation of the public review
draft, it was considered by the PB & R Commission at a public hearing
where they approved the draft.
Mrs. Wood noted that at the beginning of the process there was also a
survey of the community to help establish what the needs are.
Commissioner Ashley asked about the open and passive space
• represented by Upper Newport Bay.
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Item No. 3
GPA 94 -2 (E)
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• City of Newport Beach
Planning Commission Minutes
May 7, 1998
Ms. Temple answered that it was not calculated as a recreation facility
such as a park, it is shown as an ecological preserve in the maps. The
acreages are calculated on zoned land and the bay is water area
which does not carry land use or zoning designations. Most of the
beaches are zoned OS. The property lines in the bay are established by
either mean high tide or by official adjudication in the Orange County
Superior Court.
Commissioner Fuller confirmed that table 2 -1 on page 2 -3, does not
include Bonita Canyon annexation or the proposed annexation of
Newport Coast.
Mr. Larry Lawrence, Lawrence Associates discussed the table that was
being requested. He stated that the information was not included in the
park figures at the time of review. If both the areas are increased, it will
reduce the deficit.
Referencing the same table, information was given on the following:
• West Newport- Cal Trans propertyon Superior and PCH is not included
and is designated in the General Plan as multi - family, residential 1111-13
• acres) and parkland credits were approved to accrue to an off -site
development if the residential units allocated to a site be transferred
off -site.
• Includes beach area where active recreation takes place - i.e.,
typically within 100 feet of the water. In addition, there are 174 acres
of passive beach open space and 136 acres in the Upper Bay
ecological reserve.
• Includes school recreation acreage (68.5) - not available to average
residents during the day and sometimes not at night
• How to determine which policies are new compared to those in the
old element - this is a complete re- write, there was no attempt to
change the overall philosophy in terms of park and recreation uses
Ms. LaDonna Kienitz introduced the Chairman of the Open Space
Committee.
Ms. Beek noted the following:
• this project was started a little over a year ago
• includes clarification of what exists
• identified parcels throughout the City
• surveys in the City to identify needs
• open hearing meetings throughout the process
• the annexation was not included during the process
Ms. Temple noted that the information on the annexation has been
• drafted and is ready to be incorporated into the element prior to Council
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• City of Newport Beach
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May 7, 1998
review.
Commissioner Fuller noted that a useful item in looking at the draft
element would have been some type of bullet point system outlining the
differences between the existing plan and this draft plan.
Public Comment was opened.
Tom Hyans, President of Central Newport Beach Association commented
on page 27 noting:
• park and library property park at Island Avenue and East Bay Avenue
have been omitted from the map
• neighborhood park on the north side of the library meets the definition
of park and should be included
• public beach at Island and Alvarado has been omitted
• most street end beaches have been omitted
Continuing, he noted that the ocean beaches need to be preserved and
should not be used to store items such as cars, trucks, trailers, etc.
Newport's beaches all need to be preserved and not altered. This
message needs to be included in the document.
• Ms Temple noted that every street end beach was not noted due to the
size of the graphics. Existing policies and ordinances address the utilization
of the street end areas. While certain of the tables referenced do not
include the annexation areas of Bonita Canyon and Newport Coast, the
service area maps in the policy section include both areas as approved
through prior action. Staff will update some of the charts and tables in the
Element now that the annexation has been approved before the Element
is presented to City Council.
Public comment was closed.
Commissioner Adams suggested that on page 3-6 under the policy
development design guidelines to include in item E, location and design.
A lot of the new facilities are designated as approximate location, siting of
a park is as important as the design with regards to sensitivity to adjacent
land uses.
Motion was made by Commissioner Ridgeway to recommend to the City
Council approval of GPA 94 -2 (E) with the following additions:
• Bonita Canyon annexation updates
• Update all charts and tables
• add the provision of adequate parking to Policy 2.6 on Page 3 -6
• add references to CIOSA section (Page 1 -7) clarifying that certain
sites may be used for senior housing.
. • Look into the addition of the park as noted by Mr. Hyans and include
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City of Newport Beach
Planning Commission Minutes
May 7, 1998
if necessary
• Include the term location on page 3-6
• Include a designation on the maps that show the Ecological Reserve
and Lower Bay as passive open space
Commission thanked the people and staff who worked on this Element
complimenting them on the good job that was done.
Without objection and by show of hands, Motion Passed.
s *s
ADDITIONAL BUSINESS-
0.) City Council Follow -up -.Oral report by the Assistant City Manager
regarding City Council actions related to planning - Mrs. Wood
reported that at the last Council Meeting the Via Lido Project
received final approval, introduced the General Plan and Zoning
Amendment for Bay Shores Inn, and the Aubergine Restaurant off -
site parking issue has been resolved.
b.) Oral report by the Planning Director regarding the approval of
• Outdoor Dining Permits, Planning Director's Use Permits,
Modification Permits and Temporary Use Permits - Outdoor Dining
Permits were issued to 504 South Bay Front, Suite 102 and 251 East
Coast Highway; Lot Line Adjustment was issued for 1000 Bayside
Drive; Modification Permits were issued for 1937 Port Cardigan, 506
Catalina Drive 2309 Santiago Drive, 2205 Channel Road and 800
Avocado Avenue.
C.) Oral report from Planning Commission's representative to the
Economic Development Committee- none
d.) Matters which a Planning Commissioner would like staff to report
on at a subsequent meeting - none.
Pending matters: none
e.) Matters which a Planning Commissioner may wish to place on a
future agenda for action and staff report- none
f.) Requests for excused absences- Commissioners Selich and Ashley
excused from meeting on May 21st.
» «s
• ADJOURNMENT: 9:45 p.m.
16
Additional
Business
INDEX
. City of Newport Beach
Planning Commission Minutes
May 7, 1998
THOMAS ASHLEY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
E
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INDEX