HomeMy WebLinkAbout08/18/1988COMMISSIONERS
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ADJOURNED SPECIAL PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 2:00 p.m.
DATE: August 18, 1988
CITY OF NEWPORT BEACH
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ROLL CALL
INDEX
All Commissioners were present.
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Carol Korade, Assistant City Attorney
Robert Lenard, Advance Planning Manager
Patricia Temple, Principal Planner
Chris Gustin, Senior Planner
Don Webb, City Engineer
Dee Edwards, Secretary
it it :t
Public Comments:
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No persons came forth to speak on non - agenda items.
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Posting of the Agenda:
James Hewicker, Planning Director, stated that the
Planning Commission Agenda was posted on Friday, August
12, 1988, in front of City Hall.
A. General Plan Amendment 87 -1(A) and (E)
These amendments involve major revisions to the Land Use
and Circulation Elements of the Newport Beach General
Plan. The proposed revisions to the Land Use Element
involve establishment of various densities and
intensities of development citywide. The revisions to
the Circulation Element include modifications to the
City's adopted Master Plan of Arterial Highways as well
as a reevaluation of the necessary roadway improvements
and funding sources available to the City of Newport
Beach.
AND
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B. Local Coastal Program Amendment No. 13
Adjourned
to
Amendments to the Local Coastal Program Land Use Plan to
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conform its provisions with respect to permitted land
uses to the Land Use Element of the General Plan.
AND
C. Minor revisions to the Recreation and Oven Svace
Element and Housing Element of the Newport Beach General
Plan in order to ensure consistency with the Land Use
Element.
INITIATED BY: The City of Newport Beach
Robert Lenard, Advance Planning Manager, discussed the
contents of the staff report prepared for the subject
Planning Commission Meeting. He discussed the proposals
and issues relating to residential development in the
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City, particularly in the West Newport and Balboa
Peninsula area. Mr. Lenard referred to the chart in the
staff report that differentiates between the R -1, R -1.5,
R -2, R -3, and R -4 zoning districts, and the provisions
that are proposed in the Land Use Plan.
Mr. Lenard stated that a standard density of 1,200
square feet per dwelling unit is proposed; that no
specific changes have been made in the building height;
that no changes were made to the floor area ratio; and
that no commercial or industrial uses would be permitted
in the R -3 and R -4 Districts, and that the G -E -I -F
Zoning District be applied to various institutional uses
throughout the City.
Mr. Lenard suggested that some areas currently
designated for multi - family be designated for single
family dwellings or two - family dwellings. He explained
that there are lots that are subdivided so small that
only single family dwellings can be developed on them;
however, he said that multi - family zoning allows a
combination of lots for the purpose of constructing
multi - family structures in the same block as single
family dwellings. Mr. Lenard commented that the zoning
changes would neither encourage or discourage
construction of ownership housing vs. rental housing.
Mr. Lenard described how an area wide density
standard on the Balboa Peninsula of 1,200 square feet
per dwelling unit was established. He explained that
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the lot sizes less than 2,400 square feet which would
allow one dwelling unit under the 2,400 square foot
standard, would be changed to a single family, R -1
zoning. He further explained that the subdivided lots
greater than 3,600 square foot that would allow a
triplex on a 30 foot lot width but would not allow
adequate parking for a triplex, would be changed to two -
family areas. Mr. Lenard referred to the display map
that illustrates the areas on the Balboa Peninsula where
residential changes are being proposed.
In response to questions posed by Chairman Pers6n
regarding the Coastal Commission's 2,400 square foot
requirements, Mr. Lenard explained that the City's
"categorical exclusion" relating to the issuance of
Coastal Development permits contains a standard 1,200
square foot dwelling unit within the Coastal Zone. He
said that the Coastal Commission has recently
compromised that standard and now the primary concern is
to provide two parking spaces per dwelling unit. Mr.
Lenard further replied that the Coastal Commission has
approved duplexes on 2,375 square foot lots but he was
not aware if they had approved duplexes on 2,000 square
foot lots.
James Hewicker, Planning Director, stated that prior to
the subject Planning Commission meeting, that staff had
received a letter from Walter and Joan McCarthy
regarding the zoning changes.
Mr. Ronald Hein, 111 - 27th Street, appeared before the
Planning Commission. Mr. Hein stated that he has an
interest on three properties located at 111 - 27th
Street, 122 and 124 - 24th Street, 25 foot x 95 foot
lots, or 2,375 square feet. He stated that the
properties have been for personal and for investment
purposes. Mr. Hein discussed parking requirements for
duplexes, and he explained that he opposes the changed
zoning requirements, as proposed.
In response to questions posed by Chairman Pers6n, Mr.
Hein replied that the daily visitors to the Balboa
Peninsula cause the traffic congestion, and not the
residents. Mr. Hein recommended adequate off - street
parking, and he questioned what the incentive is for a
property owner to remove multiple family dwelling units
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and to rebuild a single family dwelling unit. Chairman
Pers6n and Mr. Hein discussed the congestion of
automobiles that are parked at multiple family units.
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Chairman Pers6n and Mr. Hein discussed property values
of R -2 zoning as opposed to R -1 zoning, and Mr. Hein
explained that if two dwelling units could be rented,
then the property owner would be doubling the rental
income as opposed to renting one dwelling unit.
In response to questions posed by Commissioner Pomeroy
regarding second dwelling units constructed on lots, Mr.
Hein replied that the 800 square foot unit would be a
typical apartment over a garage at the rear of the
property that would rent for $900.00 per month.
Chairman Pers6n, Commissioner Di Sano, and Mr. Hein
discussed the limitation of square footage required for
multiple family dwellings, and Mr. Hein concluded that
he would recommend that 2,375 square feet of lot area be
defined as the minimum necessary for duplex development.
Mr. Tex Von Oppenheim, 507 West Edgewater, appeared
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before the Planning Commission. Mr. Von Oppenheim
related a personal experience pertaining to his health
many years ago, and he compared said experience for his
reason to reside in Newport Beach. Mr. Von Oppenheim
explained that by limiting development that there would
be a rise in construction costs and rent, and that it
would restrict the number of people who could reside in
the City and enjoy the qualities that the City
Motion
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possesses. Motion was made and voted on to allow Mr.
Von Oppenheim an additional three minutes. MOTION
All Ayes
CARRIED. In conclusion, Mr. Von Oppenheim stated that
if the height limit would be increased to three to four
stories that it would allow additional rental
accommodations.
In response to questions posed by Chairman Pers6n, Mr.
Von Oppenheim replied that he applied for a permit to
build an eight unit structure on property that he owns
at 301 E. Edgewater, and he stated that he opposed the
City's request that he donate 90 feet of frontage so as
to obtain his permit.
Ms. Ronda Hein, 505 E. 35th Street, appeared before the
Planning Commission, and she referred to her foregoing
letter dated August 8; 1988. Ms. Hein stated that she
is a realtor, and she compared the loss of income of a
25 foot x 70 foot lot size to a size of lot that could
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develop a multiple unit. She stated that many duplex
owners want to inhabit the duplex as a primary residence
or as a weekend home. She said that the architecture and
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the floor plans may not be excellent, but two parking
spaces per dwelling unit could be provided on a 25 foot
by 95 foot lot.
Mr. Brian Webb, 121 & 117 - 27th Street, appeared before
the Planning Commission. Mr. Webb stated that he
purchased his house in October, 1987, and the adjacent
property when it became available, and now he has a
concern regarding those investments. In response to
questions posed by Chairman Pers6n, Mr. Webb replied
that the lots are 25 feet x 95 feet, 2,375 square feet,
two existing houses, on three separate lots. Mr. Webb
stated that his plans were to build multiple units.
Chairman Pers6n commented that six units could be
developed on the lots. Mr. Webb and Chairman Pers6n
discussed the square footage and design of a duplex
development under construction on 32nd Street. In
reference to the 32nd Street development, Commissioner
Debay commented that inasmuch as said development is
• across the street from a shopping center she questioned
if a property owner would develop an R -1 project in that
area.
Discussion ensued between Commissioner Pomeroy and
Chairman Pers6n regarding the change of square footage
requirements, and buildable lots. Chairman Pers6n stated
that based on the building and parking requirements of
the Coastal Commission it would be impossible to
construct two units on 2,100 square foot lots or less.
Commissioner Pomeroy stated that if a property owner
cannot build two units and comply with all of the City's
regulations, including the required number of parking
spaces, that it is a disservice to a property owner to
let them believe that they can.
In response to a question posed by Commissioner Pomeroy
regarding how the limit of 2,400 square feet was
established, Mr. Lenard replied that the existing R -3
Standards impose a 1,200 square foot limit, and that 38
percent of the existing R -3 lots are below the 1,200
square foot per unit standard. He commented that the
even density standard applied to the R -4, R -3, and R -2
Districts, was ascertained because the 1,200 square foot
standard was the highest among the density standards,
and staff considered the categorical exclusion of the
is State Coastal Commission. Mr. Lenard stated that more
than one half of the lots affected by the change to the
R -2 District development standards are 2,375 square
feet.
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Commissioner Di Sano commented that the difference of 25
square feet between 2,400 square feet and 2,375 square
feet, translates to 325 units that would be affected by
the change from a duplex unit to a single family
dwelling, that the number of automobiles that would be
affected by the change needs to be considered, and all
of that adds up to more than just 25 square feet.
In response to a question posed by Commissioner Debay
regarding the location of the 2,375 square foot lots,
Chairman Pers6n explained that the area that would be
most affected would be west of the Newport Pier, from
20th Street to 32nd Street.
Mr. Robert Roubian, 213 - 20th Street, appeared before
the Planning Commission. He commented that he owns
2,250 square foot lots (25 foot x 90 foot) in that area,
and he asked if he would be allowed to consolidate two
lots and build three units if he met the square footage
requirements. Mr. Lenard replied that if the properties
would be zoned R -2 or R -3, a property owner could
combine parcels to create enough land area to build two
dwelling units or as many as one per 1,200 square foot
standard would allow. If the property would be zoned R-
1, the property owner would be allowed to build one unit
per lot and there would not be the ability to combine
two lots to construct three structures. Mr. Lenard
commented that there are 132, 2,250 square foot lots.
Mr. Hewicker commented that considering the location of
Mr. Roubian'.s property, that if Mr. Roubian chose to do
so, he could apply for a use permit so as to develop a
commercial parking lot.
The Planning Commission recessed at 3:10 p.m. and
reconvened at 3:15 p.m.
Mr. Stan Troxel, 112 - 28th Street, appeared before the
Planning Commission. Mr. Troxel opposed the proposed
change because he had considered his property as a
financial investment and he speculated that the property
would be rezoned before he had an opportunity to make
the necessary improvements; that he would consider two
bedrooms for each unit; that the property owners be
allowed to redevelop their property into duplexes at
which time they would be demolishing old structures; and
that if the structure's height could be raised it would
allow parking spaces beneath the living area.
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Mr. Walter G. McCarthy, 1906 Port Bristol Circle, and
property owner at 116 - 116 1/2 - 28th Street appeared
before the Planning Commission, and he referred to his
foregoing letter. He stated that the influx of traffic
is not from the residents or tenants residing on Balboa
Peninsula; that there are structures on 28th Street that
are definite "tear downs "; and that there would be
financial hardship to the property owners if the 2,400
square foot requirement is approved. Commissioner Debay
commented that in West Newport there is a trend towards
full time residents who occupy duplexes, and that many
of the duplexes are owner /tenant occupants. Mr.
McCarthy questioned the number of vehicles at the
multiple dwelling units as was discussed inasmuch as he
limits his rental units to two students per unit, and
one vehicle per student. In response to a question
posed by Chairman Pers6n, Mr. McCarthy replied that he
would not object to two bedrooms for each unit as
opposed to three or four bedrooms.
.
Mrs. Carol Martin, 1824 West Ocean Front, appeared
before the Planning Commission. Mrs. Martin stated that
she resides in an R -4 zone adjacent to McFadden Square.
Mrs. Martin referred to the land use map and described
the properties that would be affected by the change.
Mrs. Martin referred to a diagram of the area that she
had compiled, and she referred to the area between
Newport Pier and 15th Street. She commented that the R -4
area is a buffer zone to the McFadden Square area
between the commercial establishments and the
residential areas. Mrs. Martin referred to the area
below 15th Street and the impact in that area. Mrs.
Martin presented a.letter dated August 18, 1988, to the
Planning Commission.
Commissioner Di Sano stated that he has a concern that
in lases where the area is impacted, there are residents
who will literally move a room outdoors. He questioned
if downsizing the R -4 zone would exacerbate what
currently exists. Discussion ensued between Mrs. Martin
and Commissioner Di Sano regarding R -4 zoning standards,
and interim positions that should be considered in the
proposal.
Discussion ensued between Mrs. Martin and Commissioner
Pomeroy regarding the General Plan process. In response
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to a question posed by Commissioner Pomeroy, Mrs. Martin
replied that if the traditional R -3 and R -4 zoning
surrounding McFadden Square is eliminated and the area
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is rezoned to R -2, that not only the number of units and
parking would be changed, but also the building area and
height limits. Mrs. Martin suggested that the multiple
family zone be retained, and that property owners be
allowed to develop multiple family units.
Discussion ensued between Mrs. Martin and Chairman
Pers6n regarding the triplexes that have been
constructed on Ocean Front in the area adjacent to Mrs.
Martin's residence. In response to questions posed by
Chairman Pers6n, Mrs. Martin doubted if the triplexes
are providing the required parking spaces, and that
there are six or seven lots that are 3,600 square feet.
In response to statements from Mr. Lenard regarding the
variable lot sizes in the area, Chairman Pers6n
concluded that out of 15 lots, there are 12 lots that
are less then 3,600 square feet. Discussion ensued
between Commissioner Pomeroy, Commissioner Winburn and
Chairman Pers6n regarding the lot sizes and the number
• of dwelling units that could be constructed on said lots
under the proposed plan compared to the existing zoning
regulations.
Mrs. Jean Watt, No. 4 Harbor Island, appeared before the
Planning Commission representing SPON. Mrs. Watt stated
that a primary concern of SPON is. that the roadway
correlate with development; that they are now concerned
with small development; that SPON has attempted to
preserve the character and quality of the City as a
recreational and residential community; that SPON's
position is that density is a neighborhood issue; that
they are concerned with zoning changes for neighborhoods
with less density such as Newport Heights and Corona del
Mar; and she requested an explanation for "buildable
area."
Mr. Hewicker asked why SPON does not consider the
intensity of the dwelling units in West Newport and
Balboa Peninsula to be important? Mrs. Watt replied
that SPON does consider the area important; that she
could not recall when SPON had taken a position under
similar circumstances; that SPON is considering all of
the testimony inasmuch as it is a sensitive issue; and
that SPON often represents concerned homeowners and
Homeowner's Associations.
• I I I I I I I I Chairman Pers6n referred to the R -4 zone change, and he
pointed out that the draft General Plan recommends that
six good quality units could be developed on three
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different dwelling unit lots as opposed to numerous
small apartments. Mrs. Watt commented that instead of
the density change, SPON was concentrating on The Irvine
Company's undeveloped parcels, the traffic data, and the
land use data. Chairman Pers6n stated that he would
hope that SPON would take a position in areas throughout
the City and not just The Irvine Company parcels.
Mr. Hewicker compared the number of units per acre that
are presently permitted within the Zone Districts to the
number of units per acre that have previously been
suggested by SPON throughout specific areas within the
City.
Mrs. Lucille Kuehn, appeared before the Planning
Commission. Mrs. Kuehn commented that during the August
11, 1988, Planning Commission meeting, that The Irvine
Company had stated that five percent of undeveloped land
remained in the City of Newport Beach, and she pointed
to the Balboa Peninsula area on the Land Use Map where
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the zone change would be most affected, and she
requested a comparison of the size of the foregoing five
percent of undeveloped land to the Balboa Peninsula.
Mr. Lenard compared the projected growth in West Newport
and Balboa Peninsula under the existing zoning to be an
estimated 800 to 900 additional dwelling units compared
to Newport North between Jamboree Road and MacArthur
Boulevard where there are 888 dwelling units.
Mr. Paul Balalis, 1129 E. Balboa Boulevard, appeared
before the Planning Commission. He commented that as
much housing as possible should be provided in the older
sections of the City. Mr. Balalis recalled that when he
was a Planning Commissioner the City was sued so as to
provide rental units, and the City settled the lawsuit
because they did provide additional rental units. He
said that the Planning Commission considered cleaning up
Balboa Peninsula by creating condominium projects rather
than rental units to eliminate the three people per
dwelling unit; however, the Planning Commission was
unable to do so because of the lawsuit. Mr. Balalis
discussed the possibility that single family dwellings
may in reality be occupied as duplexes; that it would be
to a property owner's advantage to renovate a multiple
family dwelling instead of a single family dwelling;
that the peak traffic hours on the Balboa Peninsula are
in the afternoons and Friday and Saturday nights; that
the R -1.5 District allowing 1,000 square feet including
carport is a livable size for a family; that most
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substandard lots that have not been developed are
located in the West Newport area; that there are R -3
substandard lots on the Balboa Peninsula that are
located on quiet streets which are not affected by the
traffic; and Mr. Balalis suggested that quiet
neighborhoods with predominantly single family
dwellings, and multi - family areas should be taken into
zoning consideration.
In response to questions posed by Chairman Pers6n, Mr.
Balalis replied that if he developed a 30 foot x 100
foot lot (3,000 square feet) in the R -4 District on the
ocean front that he would construct a two unit
condominium, and he said that a 2,100 square foot duplex
including a three bedroom room unit upstairs and a one
bedroom unit downstairs could be constructed in an R -2
District depending on setback requirements. Chairman
Pers6n and Mr. Balalis discussed the layout of the
parking spaces.
•
Mr. Douglas Boyd, Treasurer of the Peninsula Point
Association, 2100 East Balboa Boulevard, appeared before
the Planning Commission. Mr. Boyd requested an
explanation of the current downzoning, footage and usage
affects, and what can be done in the future if the
downzoning was adopted. Mr. Boyd requested a traffic
study that would include the entire Balboa Peninsula
that would consolidate traffic throughout the year to
give the residents a better understanding of how much
future development would affect them.
In response to questions posed by Commissioner Di Sano,
Mr. Boyd indicated that the number of dwelling units
that could be developed on the Balboa Peninsula would
depend upon the location. Mr. Boyd referred to the
2,400 square foot vs. 2,375 square foot zone change, and
he requested a waiver of the 25 feet to allow new
dwellings.
In response to questions posed by Chairman Person, Mr.
Boyd replied that he does not object to the increase in
density because it could be the only way to get rid of
the old structures. Mr. Boyd further replied that the
Peninsula Point Association has not taken a position
regarding the commercial or residential floor area
ratio.
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The Planning Commission recessed at 4:25 p.m. and
reconvened at 4:35 p.m.
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Mr. Chan Lefebvre, a Board member of the Peninsula Point
Association, 2112 East Balboa Boulevard, appeared before
the Planning Commission. Mr. Lefebvre stated that the
City Traffic Engineer informed him that the City did not
have the technical ability to address the traffic during
the summer months. Mr. Lefebvre commented that the
summer traffic relates to at least thirty -five percent
of the population of the City thirty -five percent of the
year. Mr. Lefebvre commented that the Peninsula Point
Association is concerned that 500,000 square feet of
commercial could be developed if the draft General Plan
is adopted; however, he said that they are not concerned
with the residential development proposal.
Mr. Lefebvre commented that not one of the documents
relating to the General Plan has a statement concerning
the beach traffic, and that there needs to be planning
techniques to control the summer traffic. He said that
the Association would oppose the draft General Plan if
they had to accept what is currently being proposed. In
response to Mr. Lefebvre's concerns, Chairman Pers6n
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explained that the draft General Plan correlates the
land use with the circulation system and considers the
buildout in 2010, and that the purpose of the General
Plan is not to deal with specific issues to solve
specific problems, unlike the Specific Area Plan. Mr.
Lefebvre emphasized that a mechanism be built into the
General Plan that states that when traffic reaches a
certain level that the City either stop traffic from
coming into the area, or to stop additional development.
In reference to the Land Use Element, page 3 regarding
the description of Specific Area Plan, Mr. Lefebvre
commented that "uses" are not discussed. Discussion
ensued between Mr. Lefebvre and Mr. Lenard regarding
what "uses" the Specific Area Plan determines and
traffic generating uses. Mr. Lefebvre suggested that the
General Plan should consider traffic generating criteria
for all uses. Mr. Lenard stated that there is no limit
of uses within the commercial areas in the General Plan.
Mr. Lenard explained why the traffic data generated
during the summer months would not affect the conditions
of the General Plan inasmuch as the two primary issues
that are considered in the General Plan are the future
permitted land use and the transportation system.
•
Mr. Lefebvre and Chairman Pers6n discussed the growth
that is projected in Orange County during the next 15
years and the affect said growth would have on the
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Balboa Peninsula traffic; that the Balboa Peninsula will
be serviced with a maximum four lane roadway system; and
the proposed square footage of commercial development.
Mr. Lefebvre and Commissioner Pomeroy discussed the
inclusion of summer traffic into what comprises the
General Plan which is to consider the balance of land
use and traffic.
Mr. Terry Austin, Traffic Consultant, Chairman PersSn,
and Mr. Lenard discussed how summer traffic data could
be compiled, that only the City Council has the
authority to govern the balance of the land use and the
circulation systems, and the City Council could adopt
standards that would address the circulation system
including summer and winter traffic.
In response to questions that had been posed by Mrs.
Watt during the public hearing concerning buildable
area, Mr. Lenard explained the existing and proposed
residential classification system.
Motion was made and voted on to adjourn the Special
Motion
x
Planning Commission meeting to August 25, 1988 at 6:30
All Ayes
p.m. MOTION CARRIED.
ADJOURNMENT: The Planning Commission adjourned at 5:05
Adjournment
p.m. to the August 25, 1988, Special Planning Commission
meeting.
JAN DEBAY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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