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HomeMy WebLinkAbout08/19/1982• �/V %1VM3.,)"V[KJ REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers T, TIME: 7:30 p.m. m m DATE: August 19, 1982 A m o w 3 City of Newport Beach XIX IX 4 4 All Present. x * x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Craig Bluell, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary • x APPROVAL OF THE MINUTES Minutes of August 5, 1982 Commissioner Goff referred to Page 35 of the August 5, 1982, Planning Commission Minutes and recommended that the third paragraph be revised to reflect his statement as follows, "He stated that the Commission should be concerned with regulating noise rather than the pool and spa pumps." Page 5 of the Planning Commission Minutes was also revised to reflect 1985 as the lease expiration date for Marinapark, rather than 1986. Motion X, Motion was made for approval of the August 5, 1982, Ayes X X X X X X Planning Commission Minutes, as revised, which MOTION Abstain I X CARRIED. - MINUTES INDEX APPROVAL F THE MINUTES . MINUTES August 19, 1982 m � m M a q City of Newport Beach INDEX Staff recommended that Item No. 4 - Use Permit No. 2091, be continued to the Planning Commission Meeting of September 9, 1982, so that the applicant can have additional time to revise the plans, as requested by staff. Staff also recommended that Item No. 8 - General Plan Amendment 82 -1, be continued to the Planning Commission Meeting of September 9, 1982. Staff further recommended that Item No. 9 - General Plan Amendment 82 -1 (ROS), be removed from the calendar to be rescheduled at a later date. Motion I IXII Motion was made for approval of the above recommended All Ayes X X X X X continuances, which MOTION CARRIED. Request to amend a previously approved use permit that permitted a restaurant facility with on -sale beer and wine in Via Lido Plaza so as to permit an increase in the "net public area" of the restaurant facility. LOCATION: Parcel 1 of Parcel Map No. 85 -2 USE PERMIT (Resubdivision No. 516) located at 3421 NO. 1799 Via Lido, on the southerly side of Via AMENDED Lido, between Newport Boulevard and Via Oporto, in Via Lido Plaza. ZONE: C -1 -H - APPLICANT: Chez Lautrec Restaurant, Newport Beach OWNER: Orange Coast Developers, Newport Beach The public hearing opened in connection with this item and Mr. Bert Blender, representing Chez Lautrec Restaurant, appeared before the Commission and requested approval of this item. In response to a question posed by Commissioner Kurlander, Mr. Blender stated that there will be no outside tables and chairs included in this request. • -2- APPROVED NCNDI— TION�LLY Motion All Ayes • August 19, 1982 � r c m City of Newport Beach om X IX I XI XI XI Motion was made for approval of Use Permit No. 1799 (Amended) , subject to the following findings and conditions, which MOTION CARRIED: FINDINGS 1. That the proposed development is consistent with the Land Use Element of the General Plan and adopted Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. That adequate parking exists on the subject property for the existing and proposed uses. 5. The approval of Use Permit No. 1799 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from Via Lido. 3. That all signs shall conform to the provision of Chapter 20.06 of the Municipal Code. 4. That one parking space public area" shall be restaurant facility. -3- for each 50 sq.ft. of "net provided for the expanded MINUTES INDEX August 19, 1982 m � m a City of Newport Beach 5. That prior to the issuance of Building Permits the parking lot shall be revised to provide one additional parking space. , This will require a current on -site total of 302 parking spaces, so that when 11 parking spaces are eliminated, there. will be 291 on -site parking spaces remaining. Request to amend a previously approved use permit that permitted a microwave receiving antenna facility for the Community Cablevision Company on a temporary basis in the P -C District. The proposed development includes the installation of an additional antenna and a modification to the existing enclosure and screening. An extension of time for the temporary use is also requested. • LOCATION: A portion of Block 93, Irvine's Subdivision, located at 1560 Avocado Avenue on the easterly side of Avocado Avenue between San Joaquin Hills Road and San Nicholas Drive adjacent to Newport Center. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Commission and discussed the background information related to this request. He stated that there are technical problems associated with lowering this type of facility two feet below grade, in terms of reception effectiveness. He stated that they propose to increase the density and size of landscape screening material, rather than lowering the facility two feet below grade. • I I I( I I I i -4- MINUTES INDEX Item #2 USE PERMIT N0. 1 667 MENDED APPROVED CONDI- TI NALLY MINUTES August 19, 1982 A � r c m � m of Newport Beach INDEX In response to a question posed by Chairman King, Mr. Dmohowski stated that they will plant larger and taller plant specimens along the northern and eastern borders of the facility. In addition, he stated that the irrigation system will also he upgraded, in order. for the plants to grow more rapidly. Commissioner Goff asked if the applicant intends on installing a driveway from Avocado Avenue to the site. Mr. Terry Cordell, representing Community Cablevision, stated that there is heavy foot and bicycle traffic in this area. He stated that they will be installing a crossing at this location to provide access to the site. Commissioner Goff stated that there is barrier at the end of the ditch at San Joaquin Hills Road which has been knocked down. Mr. Cordell stated that they will work with the City to restore the barrier. • Commissioner Goff stated that between the ditch and Avocado Avenue, there is a pile up of debris and concrete which has been dumped in the immediate vicinity of the antenna. Mr. Cordell stated that they would be willing to remove the debris from this area. In response to a, question posed by Chairman King, Mr. Don Webb, City Engineer, stated that the access will be taken across the existing P.C.C. drainage ditch, rather than additional access from San Joaquin Hills Road. Commissioner Allen expressed her concern that the original conditions of Use Permit No. 1967 in 1980, relating to the landscape screening were not met by the applicant. She stated that perhaps the landscape screening condition should include the words, "shall be screened, so as to not be visible." Mr. Dmohowski stated that it is their intent to increase the size and density of the vegetation to cover the top of the disk. Commissioner Allen stated that in 1980, this request was referred to as a temporary use. Mr. Dmohowski explained that the North Ford Industrial property has been considered for the permanent facility= however, • ( I I I I I I development on said site has been delayed for a couple of years. -5- MINUTES August 19, 1982 � x r c m " m . m y City of Newport Beach c a p m INDEX Commissioner Allen referred to Condition of Approval No. 6 and suggested that it be worded to reflect that the antenna structure shall be screened from San Joaquin Hills Road and MacArthur,Boulevard, which is to be reviewed by the Modifications Committee in six (6) months. Planning Director Hewicker stated that it would be fairly easy to screen the back and two sides of the antenna, but it may be difficult to screen the antenna from the north bound direction of MacArthur Boulevard. He stated that if the antenna is screened from this direction, the reception will be lost. Commissioner Allen stated that the view which concerns her is the public view to the bay and suggested that the direction of the antenna be stated. Planning Director Hewicker suggested that the site be screened, with the exception of the side parallel to East Coast Highway. Commissioner Allen stated that because of the tslope of the land, the interior side of the site adjacent to Avocado Avenue is not as obtrusive. Mr. Cordell stated that the southeast corner of the antenna's dish may have a reception problem. Planning Director Hewicker stated that this problem can be solved. Chairman King stated that the use permit could be granted for a period of three years, but that the Modifications Committee review the use permit in six months to assure that the landscaping. has been installed and the irrigation capacity has been increased. He suggested that the landscaping be placed further away from the fence, so that higher trees can be utilized, without interfering with the reception. Mr. Cordell referred to Condition of Approval No. 5 and requested that this condition, relating to the antenna structures being recessed at least two feet below grade, be deleted. I I I I I I Commissioner Goff referred to Condition of Approval No. 7 and recommended that this include the repair and /or reinstallation of the barrier at the end of the P.C.C. ditch at San Joaquin Hills Road, and that the mounds of debris, dirt and concrete between the ditch and Avocado Avenue be removed. He suggested that this also be reviewed by the Modifications Committee in six (6) months. Motion All Ayes � x � r c m ^ m c a m D MINUTES August 19, 1982 of Newport Beach INDEX Motion was made for approval of Use Permit No. 1967 X X X X (Amended), subject to the following findings and conditions, including the deletion of Condition No. 5, (i.e. the antenna structure to be recessed by two feet), and revisions to the new Conditions No. 5 and 6 (with the deletion of the original Condition No. 5) as discussed, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. I I I I 1 I I I 3. The Police Department has indicated that they do not contemplate any problems. • 4. That the proposed development is temporary in nature, and will not preclude the preparation of a development plan for the ultimate use of the property. 5. The approval of Use Permit No. 1967 (Amended) will not, under the circumstances of. this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That all previous conditions of approval for Use Permit No. 1967 shall be null and void. 2. That construction under Use Permit No. 1967 (Amended) shall be in substantial conformance with the approved plans, except as noted below. 3. That the expanded microwave antenna facility shall be enclosed by a 6 -foot high solid wooden fence • 1 1 1 1 1 1 1 1 with solid wooden gates. -7- MINUTES August 19, 1982 � r c m ^ m m City of Newport Beach INDEX 4. That the microwave antenna facility shall maintain a minimum 105 foot setback from the easterly edge of pavement of Avocado Avenue. 5. That landscaping shall be provided around the perimeter of the project so as to screen the antennas and appurtenant structure from view. Particular attention shall be given to the landscape treatment as viewed from San Joaquin Hills Road and MacArthur Boulevard. Said landscaping shall be permanently maintained. An irrigation system shall be installed so as to keep the landscaping in a healthy condition. Said condition shall be reviewed by the Modifications Committee in six (6) months. 6. That a designed crossing be constructed over the • existing P.C.C. drainage ditch as required in the original use permit and that the crossing design by approved by the Public Works Department and constructed. Furthermore, the applicant shall repair and /or reinstall the barrier at the end of the P.C.C. ditch at San Joaquin Hills Road; and that the mounds of debris, dirt and concrete between the ditch and Avocado Avenue also be removed. Said conditions shall be reviewed by the Modifications Committee in six (6) months. 7. That this use permit shall be granted for a period of three (3) years and that any extension shall be subject to the approval of the Modifications Committee. � x • IIIIIIII .- v m 7c G7 01 D August 19, 1982 of Newport Beach MINUTES RC)LL CALL I 11 I J i l l I INDEX E • Request to expand the existing Shanghai Pine Garden Restaurant facility with on -sale beer and wine in the C -1 District, and to waive a portion of the required off - street parking spaces. The proposal also includes a modification to the Zoning Code so as to allow, the construction of a second stairway within the required. 10 foot rear yard setback adjacent to an alley and the acceptance of off -site parking agreements for a portion of the required parking spaces on property located at 302, 304 and 306 Marine Avenue in the C -1 District. Two of the proposed off -site parking spaces are also located on property located at 301 Grand Canal in the R -1.5 District. Item #3 USE PERMIT N0. 2090 LOCATION: Lot 1, Block 14, Section 4 of Balboa Island, located at 300 Marine Avenue, on DENIED the northeasterly corner of Marine Avenue and Balboa Avenue, on Balboa Island. ZONE: C -1 - APPLICANT: Lam Cheong Kwong, Balboa Island OWNER: Same as applicant The public hearing opened in connection with this item and Mr. .Yong Tsun Lee, representing the applicant, appeared before the Commission. Mr. Lee stated that the proposed "net public area" will be increased by approximately 300 square feet. He stated that the proposed expansion will not create an environmental impact or be hazardous to the neighborhood. Mr. Lee referred to the signatures in favor of the proposed expansion which have been attached to the staff report. He suggested that the applicant be granted the use permit, or at least be granted a use permit with a time limit attached, so as to test the proposed expansion. Planning Director Hewicker stated that staff had been. contacted by Mr. Gene Baum, President of the Balboa • Island Improvement Association. He stated that the Balboa Island Improvement Association has indicated that they are opposed to the expansion of the go MINUTES August 19, 1982 of Newport Beach INDEX restaurant in that they are concerned with establishing a precedent for other restaurant expansions on the Island. Commissioner Kurlander asked Mr. Lee if they . had attempted to locate adequate parking for the restaurant. operation. Mr. Lee stated that they have located eight parking spaces in the vicinity which they will be able to utilize, in conjunction with the expanded restaurant operation. Commissioner Balalis suggested that the applicant contact the owner of the parking lot located on Bayside Drive and Marine Avenue. He stated that this would be an ideal location for the patrons to park their cars during the evening and walk to the restaurant. In response to a question posed by Commissioner Kurlander, Planning Director Hewicker stated that the • applicant would be required to bring the entire facility up to the current parking requirements because they are proposing to enlarge the square footage of the restaurant by more than 10 percent. However, he stated that the Planning Commission can waive all or a part of the required parking for the use permit. Commissioner Balalis stated that the restaurant is a neighborhood restaurant, but a portion of the required parking should be provided for those who drive their cars to the restaurant. He stated that parking in the winter months is not a problem, but is a problem in the summertime. In response to a question posed by Chairman King, Planning Director Hewicker stated that in order to bring the entire facility up to the current parking requirements, 31 parking spaces would be necessary. Planning Director Hewicker stated that in order for the Planning Commission to grant the use permit with off -site parking, indication must be made that the applicant has the consent of the owner of the off -site parking lot in question. -10- � r c � m m R n m D c n MINUTES August 19, 1982 of Newport Beach INDEX restaurant in that they are concerned with establishing a precedent for other restaurant expansions on the Island. Commissioner Kurlander asked Mr. Lee if they . had attempted to locate adequate parking for the restaurant. operation. Mr. Lee stated that they have located eight parking spaces in the vicinity which they will be able to utilize, in conjunction with the expanded restaurant operation. Commissioner Balalis suggested that the applicant contact the owner of the parking lot located on Bayside Drive and Marine Avenue. He stated that this would be an ideal location for the patrons to park their cars during the evening and walk to the restaurant. In response to a question posed by Commissioner Kurlander, Planning Director Hewicker stated that the • applicant would be required to bring the entire facility up to the current parking requirements because they are proposing to enlarge the square footage of the restaurant by more than 10 percent. However, he stated that the Planning Commission can waive all or a part of the required parking for the use permit. Commissioner Balalis stated that the restaurant is a neighborhood restaurant, but a portion of the required parking should be provided for those who drive their cars to the restaurant. He stated that parking in the winter months is not a problem, but is a problem in the summertime. In response to a question posed by Chairman King, Planning Director Hewicker stated that in order to bring the entire facility up to the current parking requirements, 31 parking spaces would be necessary. Planning Director Hewicker stated that in order for the Planning Commission to grant the use permit with off -site parking, indication must be made that the applicant has the consent of the owner of the off -site parking lot in question. -10- �unn�t� MINUTES August 19, 1982 m m m y City of New ort Beach CALL INDEX Commissioner Allen stated that she would like to see more input by the Balboa Island Improvement Association. She expressed her concern that the parking lot on Bayside Drive and Marine Avenue, as suggested by Commissioner Balalis, may not be utilized by the patrons of the restaurant. Commissioner Allen expressed her concern that there are at least two other restaurants located on Balboa Island which may be desirous of expanding their restaurants to include upstairs banquet facilities. She stated that approval of this request may be setting a precedent in this area. Planning Director Hewicker stated that when the commercial development at Bayside Drive and Marine Avenue was being processed by the City, the residents of Irvine Terrace were opposed to the noise and disturbance to the residential area of any potential restaurant use which may be proposed on the site. He • stated that by utilizing this location as an off -site parking use for the subject restaurant facility, the same types of problems may occur. • Ms. Kathleen Feling, resident of 309 Grand Canal, appeared before the Commission in opposition to the proposed expansion. She stated that the residue of the restaurant's cooking grease is washed into the canal and that the grease traps are not changed on a regular basis. She stated that the building itself, is inadequate for a restaurant use because of the serious building and fire hazards it represents. She stated that the proposed expansion will adversely impact the residential neighborhood. Mr. Bill Allen, resident of 201 East Bay Front, appeared before the Commission and expressed his concern with the staircase being constructed on the setback. Mr. Lee stated that they have obtained off -site parking spaces from some of the immediately surrounding property owners. Ms. Feling stated that parking on a curb brake immediately adjacent to a garage does not constitute a parking space. -11- IVVS MINUTES August 19, 1982 � m m c n 7C 0 m D - m O _ 6 CALL of Newport Beach Motion X Motion was made to continue this item to September 23, 1982, in order to further review this item and receive additional input from the applicant, the residents and the Balboa Island Improvement Association. In response to a question posed by Commissioner, Kurlander, Mr. Burnham stated that the City's Attorney Office has obtained a temporary restraining order on the restaurant facility. He stated that the applicant has agreed to not utilize the second floor of the facility for any public purpose, pending the decision of the Planning Commission on the use permit application. Substitute Substitute Motion was made for denial of Use Permit No. Motion X 2090, subject to the following findings,. which Ayes X X Y X X SUBSTITUTE MOTION CARRIED: Noes X X FINDINGS • 1. That the proposed restaurant expansion on the subject property represents an intensification of the existing restaurant use without the benefit of adequate offstreet parking. • 2. That said restaurant will require a greater amount of parking and generate more traffic than the present restaurant operation. 3. That only three of the seven proposed off -site parking spaces are acceptable for the restaurant, use during the evening hours. 4. That the use of a valet service is unacceptable inasmuch as there is inadequate space on the subject property for the staging of vehicles and such operation would be conducted within the public right -of -way. 5. That the proposed development is not consistent with the adopted Local Coastal Program, Land Use Plan relative to the provisions concerning the requirement for adequate offstreet parking to support new or expanded commercial development within the coastal zone. -12- INDEX MINUTES August 19, 1982 m � m . W m Q w } City of Newport Beach c a c m INDEX 6.. That the establishment, maintenance or operation of the use or building applied for will, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the. neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. x Request to construct a two story office building that Item #4 exceeds 5,000 sq. ft. of floor area in the Old Newport Boulevard Specific Plan Area where said Specific Area Plan has not been adopted. A modification to the required size of parking spaces and aisle width is also requested, and the acceptance of an environmental USE PERMIT • document. NO2( T-- LOCATION: Lot 7, Block 6, Tract 27, located at 494 North Newport Boulevard, on the easterly side of North Newport Boulevard, between Bolsa Avenue and Orange Avenue, in the Old Newport Boulevard Specific Plan Area. Continued ZONE: C -1 - - to Septem- ber 9, APPLICANT: Riverside West, Ltd.,. Newport, .Beach 19 � OWNER: The Estate of Barbara Joan Clark Staff recommended that Item No. 4 - Use Permit No. 2091, be continued to the Planning Commission Meeting of September 9, 1982, so that the applicant can have additional time to revise the plans, as requested by staff. motion was made to continue this item to the Planning Commission Meeting of September 9, 1982, which MOTION. CARRIED. -13- August 19, 1982 � c 71 0 City of Newport Beach s a o m MINUTES INDEX Request to permit the installation of outdoor lighting Item #5 on 22 foot high standards in conjunction with a proposed tennis court on a residential lot in the Aeronutronic Ford Planned Community. LOCATION: Lot 16, Tract No. 11450, located at 8 Chadbourne Court, easterly of Belcourt Drive, in the Aeronutronic.Ford Planned Community. USE PERMIT ZONE: P -C NO. 2093 APPLICANT: J. M. Peters Co., Newport Beach _I - OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Bob Trapp, representing the applicant, appeared APPROVED before the Commission. Mr. Trapp discussed the graph C N� Di- located on the last page of the staff report. He TIONALLY stated that the proposed lighting system is the best available to minimize spill -over of light. Chairman King asked if the cumulative affect of the proposed lighting fixtures would be a detriment to the traffic on MacArthur Boulevard. Mr. Trapp stated that the proposed lighting would not have any impact on the traffic on MacArthur Boulevard. Mr. Don Webb, City Engineer, stated that the Public Works Department is concerned with the potential spill -over of light onto the roadway. He stated that an original condition of the tract map was stated as follows, "That tennis court lighting facilities be designed and installed so as not to impair nighttime visibility on adjacent arterial roadways (MacArthur Boulevard, Bison Avenue, Ford Road, Jamboree Road). The City's Traffic Engineer shall approve installations." He suggested that Condition of Approval No. 2 be revised to include these concerns. He stated that in the event the glare is too great on the street, the City will have an enforcement method for either the applicant to modify or remove the • lighting fixtures. -14- August 19, 1982 � r c m m w > City of Newport Beach Commissioner Balalis stated that the Planning Commission had recently approved an application for lighting standards at a height of 16 feet 8 inches. He stated that the testimony of the applicant and his lighting contractor indicated that 16 feet 8 inches is a more than adequate height. He suggested that the. Commission consider establishing a criteria for the height and number of lighting standards which are necessary for tennis court lighting. Mr. Trapp stated that the proposed lighting fixtures are currently being utilized in the Newport Beach area and are extensively utilized in Southern California. Chairman. King stated that the output quality of lighting standards at a height of 16 feet 8 inches is approximately 85 percent, as opposed to a 100 percent output quality of lighting standards at a height of 22 feet. iin response to a question posed by Commissioner Winburn, Mr. Trapp stated that they would not like to drop the height of the lighting standards to 18 feet. He stated that applicants who are willing to spend one million dollars on a house and another $30,000 on a tennis court, are serious about playing tennis and will demand a high quality of lighting. Chairman King stated that these particular lots were specifically approved as tennis court lots. He stated that this is not an area which the Commission should start establishing tennis court lighting criteria. Mr. Trapp concurred and stated that the zoning for these lots allows for lighted tennis courts with the usage of 1,000 watt light fixtures at a maximum of 27 feet in height, with the approval of a use permit. Commissioner Goff referred to Condition of Approval No. 3 and suggested that wording be added to indicate that the lights shall not be turned on prior to 7:00 a.m. Commissioner Balalis asked how the concealing of the light source will be enforced. Mr. Webb stated that the Public Works Department will be enforcing the • condition relating to the concealing of the light source on the roadway, not the screening of the light source from the applicant's next door neighbors. -15- MINUTES INDEX MINUTES August 19, 1982 3 X � r c City of Newport Beach Motion X Motion was made for approval of Use Permit No. 2093, All byes X X X X x x K subject to the following findings and conditions, with revisions to Condition No. 2 to include the concerns of the City Engineer; and, Condition No. 3 be revised to indicate that the lights shall not be turned on prior to 7:00 a.m., which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have ,any significant environmental impacts. 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. The approval of Use Permit No. 2093 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or the general welfare of the City. CONDITIONS: 1. The development shall be in substantial conformance with the approved plot plan. 2. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses and to traffic on adjoining streets. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. In addition, the installation shall be • approved by the City's Traffic Engineer. -16- JVMnK-)NtK�oj _August 19, 1982 MINUTES 3 R N, City of Newport Beach 3. That the lights shall not be turned on prior to 7:00 a.m. and shall be turned off by 11:00 p.m. daily. 4. That the light fixtures shall not exceed 22 feet. above the tennis court surface. * • x Request to construct additions to an existing single family dwelling in the R -1 -B District. A portion of the proposed development exceeds the basic height limit in the 24/28 Foot Height Limitation District. LOCATION: Lot 128, Tract 1237, located at 408 Mendoza Terrace, at the northerly • terminus of Mendoza Terrace, in the Corona Highlands. ZONE: R -1 -B APPLICANT: Balboa Pacific, Corona del Mar OWNER: Ron Pfahler, Corona del Mar The public hearing opened in connection with this item and Mr. Pete Rose, the architect representing the applicant, appeared before the Commission and requested approval of this request. In response to a question posed by Commissioner Allen, Mr. Rose stated that because of the slope of the property, the height increase is being requested in order to match the existing six foot overhang on the roof. He stated that this is necessary in order to conform with the existing architectural features of the structure. Commissioner Allen stated that approval of the use • permit is necessary in order to construct the six foot overhang, a portion of the deck and the railing around the deck. Mr. Rose stated that the proposed deck is -17- INDEX USE PERMIT NOS APPROVED CONDI- TIONALLY MINUTES .August 19, 1982 ro m 0 n o 6 City of Newport Beach INDEX approximately 6 feet wide. He stated that in order to bring the railing into conformity, the deck would have to be approximately 2 to 3 feet wide, which is not feasible. Mr. Dennis Hayne, representing Dr. and Mrs. Murray,.. property owners of 407 Mendoza Terrace and 429 Isabella Terrace, adjacent to the property in question, appeared before the Commission., Mr. Hayne referred to the letter submitted by Mrs. Murray which outlines the recorded covenant and the tree height limitations. He stated that approval of the proposed request would impair the view of the property located at 429 Isabella Terrace. Mr. Hayne requested a continuance of this item in order to give the applicant time to reduce the height of the trees, or to place a condition on the approval of this item, that the owner, Mr. Pfahler, will reduce the height of all of the trees on his lot to conform to the 16 foot height limitation as outlined in the CC &R's. He stated that Mr. Pfahler has agreed to such a condition. Chairman King stated that the Planning Commission should not be held responsible for enforcing the CC &R's between two private parties. Mr. Burnham, Assistant City Attorney, stated that if the applicant is agreeable, there is no legal reason why the Planning Commission could not impose such a condition. Commissioner Balalis stated that the City should not be placed in the position of enforcing tree heights. Commissioner McLaughlin concurred. Commissioner Balalis pointed out that in the event this item were to be approved as stated in the staff report, Mr. Hayne would have 21 days to appeal the decision to the City Council, in the event that Mr. Pfahler had not trimmed his trees within the 21 day appeal period. Motion I J] I I I I I Motion was made for approval of Use Permit No. 2094, subject to the findings and condition as outlined in Exhibit "A ". • 11111111 -is- MINUTES .August 19, 1982 � � c . City of Newport Beach INDEX In response to a question posed by Commissioner Allen, Mr. Burnham stated that the Commission could require the recordation of a covenant.. He stated that the covenant language could be phrased which would grant the right of enforcement only to the other property. owner and not by the City. Mr. Ron Pfahler, the owner, stated that he is agreeable and intends on trimming his trees to an acceptable height. He stated that the pine trees in question are approximately 20 feet in height. Commissioner McLaughlin expressed her concern, that cutting four feet off of the top of the trees would be detrimental to the trees. • Commissioner Allen stated that she lives in a view neighborhood where the residents have their trees cut to the roof heights. She stated that the residents of view neighborhoods must adhere to such trade -offs, in order to preserve the beautiful views of the water. Mrs. Murray distributed photographs to the Planning Commission which depicted the trees in question. She stated that if Mr. Pfahler were to cut his trees, her view would not be disturbed as much by the proposed additions, in exchange for the trees being trimmed. She stated that the height of Mr. Pfahler's trees are a detriment to the value of her properties. Mr. Burnham stated that the Planning Commission has the power to impose a condition that the applicant record a restrictive covenant, if there are sufficient facts to support a finding that there is some view blockage of the proposed construction. He stated that the Planning Commission does not have the power to impose such a condition, if these facts do not exist, or if the applicant does not consent to the recording of the document. - • -19- MINUTES . m m C n A C) m D August 19, 1982 of Newport Beach INDEX Mr. Burnham stated that the following language would be appropriate if the Commission should impose such a condition: "That the applicant prepare and record a covenant for the benefit of the property owners at 407 Mendoza Terrace and 429 Isabella Terrace, pursuant to which applicant agrees to limit the height of the trees on the property at 408 Mendoza Terrace to 16 feet. The covenant to be enforceable only by the property owners." Commissioner Winburn stated that chopping four feet off of the top may hurt the pine tree. She suggested that the pine tree be thinned out to create a lacy effect and thereby increasing the views of surrounding properties. Mr. Pfahler stated. that the photographs which were distributed by Mrs. Murray, do not depict the trees in question. M* titute Substitute Motion was made to continue this item for on X two weeks, in order for the parties involved to reach Ayes X X an agreement and resolve this issue, which SUBSTITUTE Noes X X X X MOTION FAILED. Amendment X Amendment to the Motion was made to approve Use Permit Ayes X X X No. 2094, subject to the findings and conditions of Noes X X X X Exhibit "A ", with the additional condition as stated by Mr. Burnham relating to the recordation of a restrictive covenant, enforceable only by the property owners, which AMENDMENT TO THE MOTION FAILED. Ayes I . Xi XIX IX �X I Original Motion for approval of Use Permit No. 2094, Noes II IIJ I subject to the findings and condition of Exhibit "A ", was now voted on, which MOTION CARRIED, as follows:- FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The project lot size conforms to the Zoning . Code area requirements. _20_ MINUTES August 19, 1982 n x � r c City of Newport Beach INDEX 3. The increased building height will result in more public visual open space and views than is required by the basic height limit inas- much as the proposed area of addition is minor in nature, and provides a 20 foot rear yard setback where the Code requires a 6 foot. rear yard setback. 4. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appeal- ing visual character of the area than is required by the basic height limit. The proposed portion of the structure which exceeds the basic height limit is a continu- ation of a portion of the structure which conforms to the Basic Height Limit. 5. The increased building height will not result • in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces inasmuch as the portion of the structure exceeding the basic height limit is over a steep portion of the site. 6. The structure will have no more floor area than could have been achieved without the use permit for the building height. 7. The approval of Use Permit No. 2094 will not, under the circumstances of this . case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be .detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That development shall be in substantial conformance with the approved plot plan, floor • plans and elevations. -21- August 19, 1982 of Newport Beach MINUTES INDEX Request to waive the third required off - street parking Item #7 space in conjunction with the remodel and expansion of an existing duplex in the R -2 District. The existing two car garage also has a non - conforming width of 16 feet (where the Ordinance now requires a width of 17 feet 6 inches). VARIANCE N0. 1094 LOCATION: Lot 6, Block 46, Third Addition, Newport Beach Tract, located at 4611 Seashore Drive, on the southeasterly corner of Seashore Drive, and 47th Street, in the West Newport Area. ZONE: R -2 DENIED APPLICANT: Edsel Stiel, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Brion Jeannette, representing the applicant, appeared before the Commission and explained the background information related to this variance request. He stated that the addition of a third car space will destroy an existing bathroom and eliminate an existing structural bearing exterior wall which will constitute a rebuilding of the total structural system and create an extreme financial hardship. He requested that the third parking space be waived. Mr. Jeannette submitted two letters from adjacent property owners which requested approval of the proposed variance. He stated that both of the letters are in support of the proposed variance because it will serve to upgrade the structure and the neighborhood. Commissioner Balalis suggested that Mr. Jeannette consider moving some of the additional square footage to the garage area to provide for a compact parking space. Mr. Jeannette stated that they are currently trying to develop a usable parking space between this property and the adjacent property. • .I ( ( I I I I -22- r m m T' ) a c n m August 19, 1982 of Newport Beach MINUTES INDEX Request to waive the third required off - street parking Item #7 space in conjunction with the remodel and expansion of an existing duplex in the R -2 District. The existing two car garage also has a non - conforming width of 16 feet (where the Ordinance now requires a width of 17 feet 6 inches). VARIANCE N0. 1094 LOCATION: Lot 6, Block 46, Third Addition, Newport Beach Tract, located at 4611 Seashore Drive, on the southeasterly corner of Seashore Drive, and 47th Street, in the West Newport Area. ZONE: R -2 DENIED APPLICANT: Edsel Stiel, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Brion Jeannette, representing the applicant, appeared before the Commission and explained the background information related to this variance request. He stated that the addition of a third car space will destroy an existing bathroom and eliminate an existing structural bearing exterior wall which will constitute a rebuilding of the total structural system and create an extreme financial hardship. He requested that the third parking space be waived. Mr. Jeannette submitted two letters from adjacent property owners which requested approval of the proposed variance. He stated that both of the letters are in support of the proposed variance because it will serve to upgrade the structure and the neighborhood. Commissioner Balalis suggested that Mr. Jeannette consider moving some of the additional square footage to the garage area to provide for a compact parking space. Mr. Jeannette stated that they are currently trying to develop a usable parking space between this property and the adjacent property. • .I ( ( I I I I -22- • Motion Ayes Noes. C� � x � r c ro ^ m c a F n m D T XIX MINUTES .August 19, 1982 of Newport Beach Mr. Jeannette further stated that the adjustment of the laundry room will not create a usable third parking space. Chairman King stated that parking is at a premium in. this particular area of the City. He expressed his concern that this project will only be providing two parking spaces, but has the potential of needing four .. parking spaces. He stated that perhaps this structure is being overbuilt. Commissioner Goff stated that the property in question is situated next to a street end. He stated that there is 6 feet 8 inches between the edge of the garage door and the edge of the house, and an additional three feet of side yard, for a total of approximately ten feet. He stated that by requiring a third garage parking space which may barely be adequate, a public parking space on the street will be lost in the process. Commissioner Kurlander stated that he shares the concerns as expressed by Chairman King. Motion was made for denial of Variance No. 1094, subject to the following findings, which MOTION CARRIED: FINDINGS: 1. That there are no exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and/or uses in the same district inasmuch as all newly constructed and substantially expanded duplexes in the West Newport area have complied with the offstreet parking requirement. -23- INDEX MINUTES .August 19, 1982 m � m n H City of Newport Beach INDEX 2. That the granting of a variance to the offstreet parking requirement is not necessary for the preservation and enjoyment of substantial property rights of .the applicant, inasmuch as the subject property, could be redesigned to provide three offstreet parking spaces. 3. The approval of this request will set a precedent for other major improvements, and expansions of existing duplexes in the City without providing the required third offstreet parking space. 4. That the establishment, maintenance, and operation of the use, property, and building will under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. * r • 11111111 -24 CALL August 19, 1982 m City of Newport Beach Request to amend the Land Use and Residential Growth Elements and Maps of the Newport Beach General Plan for the North Ford Planned Community. LOCATION: Property located northerly of Camelback Drive between Jamboree Road and MacArthur Boulevard. ZONE: P -C OWNER: The Irvine Company, Newport Beach INITIATED BY: The City of Newport Beach I I I I( I I I Staff recommended that Item No. 8- General Plan Amendment 82 -1 be continued to the Planning Commission Meeting of September 9, 1982. Motion was made to continue this item to the Planning Commission Meeting of September 9, 1982, which MOTION • CARRIED. 1 *1111111 . • x * Request to amend the Recreation and Open Space Element and Map of the Newport Beach General Plan. LOCATION: Property located northerly of Eastbluff Drive (extended) between Jamboree Road and MacArthur Boulevard. ZONE: Unclassified OWNER:, The Irvine Company, Newport Beach INITIATED BY: The City of Newport Beach Staff suggested that the Planning Commission defer action on this item until completion of the park study and direct staff to set this item for public hearing as part of the comprehensive Recreation and Open Space Element revision with any necessary environmental documents. • Motion was made to remove this item from the calendar to be rescheduled at a later date, which MOTION CARRIED. x t x -25- MINUTES INDEX Item #8 GENERAL PLAN AMENDMENT 82 -1 . Continued to Septem- ber 9, 1982 Item #9 GENERAL PLAN AMENDMENT 82 -1 RDS) t vrnivaa��nvov MINUTES August 19, 1982 � r m c � m m City of Newport Beach LL CALL INDEX Request to amend the Housing Element of the Newport Item #10 Beach General Plan to update the program objectives to reflect Housing Element implementation progress since adoption of the Housing Element. INITIATED BY: The City of Newport Beach Planning Director Hewicker stated that staff will be GENERAL addressing two distinct goals of the Housing Element, PLAN 1) increases in intensity of development with respect AMENDME to the goal of providing additional housing at market 82 -1 H rates; and, 2) providing additional density in order to provide affordability. Mr. Robert Lenard, Advance Planning Administrator, referred to Attachment No. 1 of the staff report, and discussed the Implementation Plan for Objective 3. He stated that the City of Newport Beach is in the process • of considering an increase in residential densities on the following sites: Cal Trans West, Freeway Reservation West (Big Canyon Area 16), Fifth Avenue Parcel, Marguerite Avenue Parcel, and North Ford. Mr.- Lenard stated that Program Objective 3 and Performance Objective 1, increases allowable density by 25 percent on all remaining undeveloped sites. He stated that this performance objective is designed to increase housing production for all economic segments. Mr. Lenard stated that Program Objective 2 provides housing opportunities for low and moderate income households which requires the City to.devote 10 percent of its annual production to housing for low and moderate income families. In response to a question posed by Commissioner Allen, Mr. Lenard stated that of the five sites listed, the only site which has been specifically identified for affordable units is the North Ford site. Mr. Lenard stated that the list of sites in Page 2 of Attachment No. 1, includes only those sites where General Plan Amendments have been initiated. He stated that the other undeveloped sites within the City are still being considered by the Planning Commission. • -26- RECOMMENDED APPROVAL �nnwv»M�uv MINUTES August 19, 1982 3 F � � c m CO w City of Newport Beach c � a � m � LL. CALL I I I I INDEX mi Planning Director Hewicker stated that when the Housing Element is amended in the future, it may include additional sites, or some sites may be taken out. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that the purpose of adding this language into the Housing Element, is to. reflect the actions which the City has already taken. Planning Director Hewicker referred to Attachment No. 1, Page 1, the last paragraph, and stated that staff concurs with the Planning Commission comments relating to language which specifies increasing the density for residential development. Chairman King referred to Attachment No. 1, Page 8, and asked for staff's comments on the condominium conversion issue. Planning Director Hewicker stated that the City Council disallowed the introduction of the Condominium Conversion Ordinance and has instructed • the Planning Commission to make the appropriate changes in the language in the Housing Element. Planning Director Hewicker stated that the feasibility of prohibiting the conversion of duplexes, but allowing the conversion of triplexes and fourplexes, is being explored. Mr. Lenard stated that the original proposal to ease the conversion restrictions on four or less units, would have potentially resulted in a loss of the rental housing stock of 'up to 7,300 units. He stated that if the conversions were limited to triplexes and fourplexes only 1,800 units would be effected. Commissioner Ealalis suggested that the conversions be limited to these units. Chairman King referred to Attachment No, 1, Page 9, and asked for clarification on paragraphs "g" and "h ". Planning Director Hewicker referred to paragraph "g" and stated that this precludes the possibility at a later date, of requiring park dedication for rental projects. He stated that at the present time, the language can remain in the Housing Element. Planning Director Hewicker referred to paragraph "h" and suggested that the last three lines be revised as • follows, ". . the City shall grant at least a 25% density bonus or alternative incentives mutually acceptable to the City and the developer." -27- MINUTES I ,August 19, 1982 F y City of Newport Beach INDEX Commissioner McLaughlin expressed her concern with park dedication requirements not being extended to rental projects providing low and moderate income housing. Planning Director Hewicker stated that park costs are an additional cost in producing low and moderate income housing. Commissioner Kurlander asked if this will give the developer some relief on the in -lieu park fees, or requiring a park dedication. Planning Director Hewicker stated that the Park Dedication Ordinance addresses itself to the number of lots, not the number of units. He stated that rental units do not consist of lots. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that if a developer wants to provide parks, he can. He stated that it will not be mandatory that a developer do so. • Commissioner Allen referred to Attachment No. 1, Page 1, Paragraph 5, and stated that residential densities of twenty -four dwelling units per acre is rather exceptional in terms of affordability. She expressed her concern that the twenty -four dwelling units per acre could be implicated with the five specific sites listed on Page 2. Mr. Craig Bluell, Senior Planner, stated that the twenty -four dwelling units per acre refers to existing plans. He stated that prior to these amendments, the General Plan does allow development up to twenty -four dwelling units per acre, such as Lot 600 in Newport Center. He stated that this language is included in the Housing Element to indicate that the City of Newport Beach is not a community of only low density. Chairman King referred to Attachment No. 1, Page 13, paragraph "2b" and asked if Council Policy N -4 should be further clarified. Mr. Burnham, Assistant City Attorney, stated that it should be amended, as it was adopted as Council Policy P -1. Planning Director Hewicker suggested that it only be referred to as Council Policy P -1. • -28- Motion A11 Ayes • • � r m m a August 19, 1982 of Newport Beach X X X Motion was made to recommend to the City Council that General Plan Amendment 82 -1(H), with revisions to Attachment No, 1, Page 1, last paragraph to refer to "residential" density; Page 9, paragraph "h" to include the wording, "mutually acceptable to the City and the. developer "; and revision to Page 13, paragraph "2b" to refer to Council Policy P -1, be approved, which MOTION CARRIED. (See "Attachment No. 1" for the approved text). x • � ADDITIONAL BUSINESS Multi - Family Lots on the Balboa Peninsula Commissioner Balalis referred to the letter submitted by Mr. Ron Yeo, dated August 6, 1982, relating to multi - family lots on the Balboa Peninsula. The Commission directed staff to prepare a report in conjunction with rezoning R -3 Zoned property on the Balboa Peninsula to the R -2 District for the Planning Commission Meeting of September 23, 1982. r There being no further business, the Planning Commission adjourned at 9:35 p.m. Dave Goff, Secretary Planning Commission City of Newport Beach -29- MINUTES INDEX • "ATTACHMENT NO. 1" Page 1. C. Objective 3: To promote the development of an increased level of new housing production, consistent with sound planning and environmental standards. 1. Findings: A major problem confronting the housing market and communities throughout the state is the fact that total housing production is occurring at a level that is less than necessary to satisfy the needs of the community. This "shortfall" in production has created a housing shortage with many adverse effects, not the least of which are low vacancy rates, higher prices, and less consumer choice in housing opportunities. While the volume of housing production is primarily determined by national economic conditions, a fact over which local governments have no control, there are several actions which a local jurisdiction can take to stimulate increased production within its boundaries, assuming suitable economic conditions exist. Among the usual techniques utilized by local governments to influence residential development are land use policies and • development standards. While land use policies, generally, either frustrate or facilitate housing development (depending on the nature of such policies), it appears that development standards and project reviews associated with those standards have a much more limited effect. Put another way: it is reasonable to expect that local governments can influence the rate of development through their adoption and enforcement of land use policies; it is less reasonable, however, to draw a similar conclusion with regard to the adoption and enforcement of development standards. The effect of such standards is more directly related to housing costs, not rates of development. The vacant land inventory and site analysis identified seventeen sites available for residential development. These sites will provide for a variety of housing types and incomes. Existing plans for these sites will permit residential densities to range from four to twenty -four dwelling units per acre. Additionally, four of these sites have been planned for residential and commercial /industrial land use mixes. The most direct and significant action which the city can take to improve the supply /needs imbalance is to increase the allowable residential density of development within the city, consistent with applicable fiscal and environmental • considerations. The policy of allowing increased residential density is only meaningful, however, when it is applied to specific sites within the city. - 1RIC- �eassng e3etaent- se -�3ass pre€ erreel- veixie3e- €ar- aeFri�i�i�� - - - -3 �easspy- �lsan - }e -eke -E #kills- gaping- preeess- �J 2. Page 2. Since the adoption of the Housing Element the .an: The fc )ort of this c on rive activities a. The City of Newport Beach shall conduct General Plan to densities on the following sites: Site Buildable Acreage Cal Trans West 10.1 acres Freeway Reservation West (Big Canyon Area 16) 8.7 acres Fifth Avenue Parcel 10.0 acres Marguerite Avenue Parcel 6.8 acres . North Ford 29.5 acres These hearings shall be conducted in conformance with the Planning and Zoning Law, California Government Cod Section 65356.1. Necessary environmental documentati shall also be prepared, as required by the Californ Environmental 9uality Act. b. The Planning Commission shall continue to conduct public hearings designed to identify which of the remaining non- committed sites will be appropriate for increased levels of allowable density without engendering adverse environmental and other community conditions. 3. Target Date: The following implementation schedule shall be observed: a. The General Plan Amendments identified in 2 (a) (above) will be processed during 1982. b. Public hearing shall be conducted within three six months after the completion of the General Plan Amendment hearings discussed in 2(a) above, and recommendations for further action shall be submitted to the City Council within six- menthe one year • after said adeptsen hearing. 0 Page 3. D. Objective 4: To encourage, wherever feasible, mixed use development that achieves a balance between residential and appropriate commercial /industrial activities. 1. Finding: There is evidence that development patterns 'which segregate housing from places of work, contribute to increased traffic problems, automobile fuel consumption, and fiscal demands on local governments. Moreover, such patterns may directly impact housing affordability, to the extent that they enhance or diminish the relationship between jobs and housing opportunities of the given labor force. It is recognized that the consumer is the ultimate judge of which development patterns are most preferable; this is the principle of supply and demand operating in its purest form. There is little that local government can or should do to influence where its citizens choose to live. It is indisputable, however, based on housing marketing studies, that consumers are showing an increasing preference for • housing opportunities that are in close proximity to their employment. The bases of this tendency are higher fuel costs and the psychological frustrations of commuting. It is appropriate for the city to evidence its support of development patterns which mix residential and commercial /industrial uses and to encourage such patterns, as a policy matter, when it is feasible to do so. The City has a Commercial- Residential Zoninq District which provides for a mixture of commercial and residential uses. This P -C zone are used on larger parcels to accomplish mixed use 2. Implementation Plan: In major projects involving commercial and industrial uses, the city shall encourage wherever feasible, the development of housing that is geared to the affordability range of the projected labor force. 3. Target Dates: This policy objective shall be initiated immediately. • • Page 4. G. Objective 7: To promote and assist in the development of housing for low- and moderate - income households. 1. Finding: For a variety of reasons, the private housing market does not provide an adequate choice of affordable housing opportunities for low- and moderate - income households. Such opportunities are not available in the supply of new housing construction, and they are becoming increasingly less available as a result of the "filtering process" - the traditional process by which older housing is "handed down" to households of lower incomes. The underlying premise of this process is that the upward mobility of middle- and higher- income households triggers the release of their housing, upon their purchase of new housing, to households of lower incomes. The validity of this concept weakens considerably in housing markets where there is intense higher- income demand and extreme shortage. Newport Beach is such a market. If the housing needs of low- and moderate - income households are to be adequately addressed, in most housing market areas of California, it will be necessary for local governments to design and implement a comprehensive strategy for achieving • this objective. This strategy must not only seek to guide and encourage the private market to respond to the needs of low- and moderate - income households, it must provide a framework for the judicious, affirmative, and cooperative use of local regulatory powers to achieve such objective. While it is clear that local government must affirmatively use its powers to help provide for the housing needs of lower- income segments of the community, it is not clear at what point local government can intervene in the housing market without causing serious disruptions in the marketplace. censtrne teen -- prat.- ees•, - -- }rave -- greater- �reh�ne�rb- Frosty- -end prev;de --a-- Sewer- �- e€- �zrcco- s^eeterr- o*�er- .w}ri�kr -£ fixed seats-, me4�- be- eis- stribtri.�1u-- Bnsed- exr -ths s- �eesortirrg- ,- -tke EemRlisa }ea- gexera } }Y_ertempts- fx�o-jeet�o £- �rotrr- gxnits- er - }ess £ ram - its -ice }nseaarp- otrsing -regtTirer�.- - -4he -fect--that the- Ee�sasset� -aAde- iii. :`,cam S'ttrat -�- Std- E,eg�s €store -hsa }iteited -� � :ci: _ - regxietsen- � €- 3srxl-- diroisieas- �.xxier - -tke 6ttbd #v #s4ets -�tefr Act - to - - where -€ice a or -mope xafts- are- besrtg- erected; u- prevsdes- e- €t;rther- ind4entiea -thnt th# s- 4s- art- sppreprsate- threats }d- s3ae - €er- the - genera }- pe }iey deve}epers- de-gtot- have- the- eeartoari €er- the - fns €etaiea -e € -} era-- nnd- medernte- taeexte- hexs #ng- within the - }snits- a €- € }ex€1si } #ty -aa- prey €deel- 3n- 6ectiea- 3B2 }3r • Page 5. The factor of project size in determining the appropriate "threshold" for government regulation is well - established. In addition to the examples cited by the Coastal Commission, there are countless other federal, state, and local incidences where the imposition of government regulation is withheld because the small size of the project makes it incapable of absorbing the impact of the proposed regulation. The "economies of scale" principle, which holds that small size new construction projects should be treated differently in the face of certain governmental regulations, does not dissipate once new construction is completed. The inability to absorb the impact of government regulations which may require the provision of private market housing "subsidies" is no less for the owner of an existing project than for the developer of a new one. In fact, the builder may be able to redesign the project or utilize government incentives to mitigate the adverse effects of regulations; the owner of existing units has no such options. Governmental efforts to provide housing for low- and moderate- income households through the regulation of private property, such as rent control, inclusionary housing • programs, and prohibitions on the conversion of rental units to ownership, have one thing in common: they attempt to control housing prices within the private market. Regardless of the social or political merits of such efforts, they are not without economic consequences. In housing markets of extreme shortage and intense demand, conditions which exist in most coastal communities, any governmental efforts to benefit one segment of the community are likely to adversely affect another. To illustrate: rent controls may result in affordable housing for renters, but they may also result in financial hardship for property owners. Inclusionary housing programs may provide affordable housing for low- and moderate - income households, but such programs may also reduce developers' profits, and increase housing costs for households that do not qualify for the inclusionary units. Ironically, such programs may benefit low- income households and diminish housing opportunities for moderate- income households, and vice versa, at the same time. Policies restricting changes in housing tenure, such as the conversion of rentals to ownership, may preserve affordable rental housing for some low- and moderate - income households, but such prohibitions may also limit ownership opportunities . for low- and moderate - income households who are capable of entering the housing market through the conversion process, and who would benefit from ownership as a result of the tax policies which favor ownership. • Page 6. Srr ek- �ro�ririti ores -- may- e�ae- eien�aele- �srepertY'-errrters -+a3xr -are reels et ien- irr -tk�- market-+ rcl tse- v�-tke #r- propertyn--- Ba�r.� -an reate�- -eanvexs3.orr- aeEr4�- a•3:so- have- tiegats re- zee- az- itnpe�E's' -en the - entire- eeauerrnity- as- t}re- txrnever- rate - a € - rents- property eenstraet£en-- a €-- re�wr- rentais ; -- aria } - whereby-- c,:ec-c:nair -tke �iensing- prebiem- €er- aii- renters- In short, governmental efforts to tinker with the housing market will beneficially affect some, and negatively affect others. Unfortunately, the issues of who will be affected, and the extent of the effect, cannot always be determined at the time governmental regulations are adopted. It is therefore incumbent upon the adopting unit of government to make every attempt to anticipate consequences, to proceed cautiously, and to balance or mitigate any anticipated detrimental effects. This shall be the overriding policy governing all attempts by the City to provide housing for all economic segments of the community. Since the adoption of • IT21ementation hearings which have resulted in the formation of the Housing Task Force on Government Funding. The City Council and Housing Task Force have identified the use of Community Development Block Grant Funds as a source of assistance for low and moderate income households within the Community. The City has also adopted a Mobile Home Park Zone to preserve and encourage a variety of housing types and preserve an existing source of housing for low and moderate 11 thin ts), and one In addition to being identified as a site for density increase hearings, the North Ford Site has been identified as a potential housing site for low and moderate income households. Federal financing and subsidy programs have been used in the City of Newport Beach since the mid 1970's. The City of Newport Beach utilized CDBG funds to acquire land and construct a senior citizen center to provide services for a large identifiable lower income segment of the Community needing services not otherwise provided. LI a Rent Page 7. funded Section 8 Rent The City of Newport Beach and a non - profit corporation made a cooperative effort to construct a senior citizen housino ect Code to include senior citizen housing as an institutional use. The parking standards were relaxed and all in -lieu Government and the tenants receive Section 8 rental 2. Implementation Plan: The following activities will be undertaken in support of this objective: ar-- When-- ag�p3ioai93r- �eders3--- regrrlet+ one-- aft4- -state eneb }ing--- legiOldt2en --- exsst7 --- the --- esty --- Will • investigate- its - Pert4e #gatsea- err -tke- asasnt -ef tax - exempt- mortgage - revenue- beads- te- fae3f4tate -the deve�epment7- eenatrnetten7- and -f #Wane #ng -ef- housing for -dew -- and - moderate- 3neeme- hensehe�ds- b--- SFhe- estp- wi��- eens4der -gts- renewed- partsetpatson -in the-- Eemennnitg-- Beve�epn�ent -- Bee # -- Grant -- Program; anbseejnent- te- an- evn�natsen -bg- task- feree- appointed bp- the- 2ity- Eennei�- te- exeintne -the- mast- nppreprgate uses - - EBBS -d taxis - for - housing _ __ =t- pnrpeses7 and - the- 3xtpset- ef- app�ieab�e- EBB6- regn�atsensr 9ne-- passtb�e -- use-- ef-- EBB6 -- fends-- sha�� - -be- -the estaH��shment- ef- a- ikxxei -ng n------ _:.v- PernEk.-- irhieh . may -*e - devebspment• -and eentinned- , �varle3sr�i- ty-er€-- a €€ardab}o -�wrrs i.�g -for deer-- -and- -'-- -`- inee --4xm9eho+ds%---fdeh - -Pnnd she��- be- eapitnfsaed -wsth- EBBS- esststanee7- as -nteq • Page 8 be- a33exted - by -tire- ei#y.-- and- �io�rt -from finger-- emp3- epeYS- �loi- ng- �exe- `_ - =__ - �r- i„mm.�,diTrry` -te operate- i� �ewpe�- Beaelr .- --A- spee,Y�- i�- prcigram• -may be-�ormtr3_- ate�k-lyy- Plannimg-Bepar{xient-i�o- -see# private- partieipatien- iia- tbe-- £��. - --IVo- �reeeeds-ef the -- Band -- wen }d-- be-- xti }iged - -te -- preside - -d #rest subs idie s- te- arrp-- ieouseho}e�,- -�x�r �he�bf - eitg-gee�era} fend- �pproprieti< xes-- 3�- inadt--- 1'rYrgiirie.-ae tis4 tae s wax }d - ins }xde - the- insta } }atien- ef- ptib}ie- faei}ities in-- seppart- - af-- 3-owet— - heaaifng- -el ese }epment7 dose }epment- preeessingy- end -re }aced - support fxnetiens- that - direst }y- redxee- housing- eenatruetien assts--- Eriterie- far- Hexsin�- Appertxnity -BUnd imp }efientatien - wax }d -be -dose }aped -by- the- P }enriing Department- Re-- an-- a }ternatise-- te-- EBBA -- €ands -- the-- P }anninq Eemmi ss ion--- sha•�� - -exp }are -- the-- fieasi- bi�.ifiy - - -ef assess €ng- e- 3- 56- residentia }- impact- €ee- en- prepesed eemme rei a }-- bu- rl�iitg- gertnit - -f sea- arie}/or- assessing fia�ar- amp }eyers - far- eentribxtiens -te- the -fund- • e--- Phe--- P }anning --- Department --- sha } } ---exp }ere --- the f eas ib i }ity- o €- �- nc�nl.- ices -ttr- spar- the -sans tr�xetian ef- rents } - units- c. The city shall seek to maintain rental opportunities #n- projects -of -file or by restricting conversions of such rental units to condominiums unless the vacancy rate in Newport Beach for rental housing is 5% or higher for four consecutive quarters. A } }- ether- presisians- of -city regx }at }ens- geserning- the- eensersien- ef- residentie} prejeets- slue } }- eantinue -in- effect. The City shall preserve mobile home park land uses through the- estabii arc rof -a a combined program of mobile home park gene evaluation to determine which mobile home marks should be rezoned with the • • Page 9. e. The City shall continue to work in cooperation with the Orange County Housing Authority to provide Section 8 Rental Housing Assistance to residents of the community. The City will actively pursue modification of the fair market rent structure limits for the community in order to increase the number of Newport Beach housing units that will be eligible to participate in the program. f. For new developments proposed in the Coastal Zone. affordable to persons or families of low or be located on -site where feasible, or off -site and Government g. The City shall use its discretionary authority to • review and waive planning fees for projects with nousing is recognizea as a slgniricant source or h. On sites where a Granted as part aezinea in unieCtive S, and a developer proposes a tract at least a 3. Target Date: The following implementation schedule shall be observed: e:-- Pregram- ga--- 44tl.+r�tfti3 3�e• _ - --- xgaLed•- witki- xf -sfx menthe-# �anr�l- k�r�L�-e €- �asaage- erf- -= ;sue=- eneH� #ng �egia3atsenr a. Program 7a: This shall be done as Proiects with • housing for low and moderate income households are broposed. • Page 10. b--- Program - -�H r--- skis - eke- �t-be- -'eampiet�d"-gx�er - -te dnRr�ery- 3�; -�98d- e:- -PtegreM- meRtks- irexir -tke- -e €- adapt- itKr -ef - �- ke-- kenasRg e +emeRt- 7b: This shall be done when is not feasible on sites desi d--- Pregrem-- ady -- 7�T -- Mfr --- 44�.s--- piroclrem--- sksb� - -Be tmp�ea�eRted- #xmtedsnte�Y c. Program 7c: This Ordinance is currently in effect. d. Program 7d: These rezonings shall be done on an ongoing basis. e. Program 7e: This program shall be implemented • immediately. 7f, 7g, 7h: These programs shall be as nroiects are nronosed_ is • Page 11. I. Objective 9: To promote the conservation, rehabilitation, and redevelopment of the existing housing inventory. 1. Finding: The city's existing housing supply is important for many reasons. Among them are the following: the character of the community is shaped largely by its residential neighborhoods; much of the city's tax base is in its housing inventory; housing opportunities for lower- income households are almost exclusively confined to existing housing; and a large portion of the individual wealth of many Newport Beach residents may be found in the equities of their homes. The existing housing supply also represents essentially the last hope for homeownership for many moderate- and middle- income families who find themselves priced totally out of the new home market. Because of the many functions which existing housing serves, special policy consideration must be given to its use and occupancy. Efforts must be expended to protect existing equities, preserve affordability for lower - income households, deter the spread of physical blight, preserve and strengthen the tax base, and extend opportunities for • entry into homeownership. These varied objectives are not always compatible; extreme caution must be exercised by the city to balance these objectives and to avoid disrupting reasonable interaction within the housing market. The three principal objectives which should be pursued by the city with respect to its existing housing supply are 1) to conserve housing which complies with applicable housing codes; 2) to rehabilitate and upgrade deteriorating inventory; and 3) to promote the redevelopment of blighted, obsolete, or inefficiently utilized housing resources. In general, housing conservation, rehabilitation, and redevelopment are best handled by the private sector. Local government can stimulate or deter such activities, however, by the nature of the policies which they adopt and enforce. The range of actions which the city may take to spur housing conservation, rehabilitation, and redevelopment include housing code enforcement, land acquisition, the provision of low interest loans, and the facilitation of private redevelopment through tenure conversion. If demand is strong, housing rehabilitation and redevelopment will occur without governmental involvement. All that is necessary are appropriate public policies which • allow the law of supply and demand to operate. It is indisputable that areas which are characterized by physical blight, and which give indications of future deterioration, have a high incidence of rental properties and absentee • Page 12. ownership. Increasing the rate of homeownership is often all that is necessary to stabilize a deteriorating neighborhood and to redevelop that neighborhood. Pke -- rs va-- �rE--- rent93-- �- -{b --- homeownership { eendeminstuns}-} ixa- �. �api3cettions- t} xerh-- �ac�i�� }gr+±ss4aR.- --�Pke mentkfp- expense -ef- owning- x- eoneerted- nnit- is- nanaf�p- higher than -- the - -cost- of- -- renting: --xa - -a- -� :;zt - ter€€ -- prepertp impreeements =-- inerexsed-- mortgage -- casts; -- profits - -te- -the eenve rterp--- arxi - -es sae�xtgen- -�k� -- for- -�e -- -and management--- -Propert -p- taxes - also - iner ease- cs- a-- reeC_: -ef detriment -ef- fewer- ineeme- hensehe�ds- BR- t#�e�tker- ltcnid -T eke- prospect- e€- cvRtrnxed-- iir €}e�iarr -and the- €rene€{.ts- o€-- lo�x�— tome- ewnersk4p-- ihax- =,zeduecit*rbitp-e€ interest-- pxYments =-- egnitp-- bns�d-nps -- end -- prepertp - -vane eenreraieR-- e€-- rentxi-- units-- ar-- eendemininmsT -- which- -are tppiexiiY- H[�r -i�r- terms-- o�- 3.s�v3m� -- space- tkArr- singie- £emiip- ssrri4s;- �rc>v3.eie_�- kedge- aga3.ri9t �tf�xt�vn -,- -their mtnimxi- maintenxxee- respensibi }hies- make - them- sttrxetive -te one - person -or- _-. -_ _ °___ - kansekeidss- �- �or`�oetsekalds•.- -and ethers - -at -- costs -- ere - ssgari #=-� ---1 - 3rtKrer�- tinArr -new From- the tlic- eitYss -�oiRt -off cry.- -{ �eR�+ersiaR -off- rented nRit9-- inerea sea- v99ea9eir- -i,8•�ne9•- Eei'id - -�' reper{'.� -- to %e9 --and haweeer ; - eentribnte- terneai- rrtai7ri.- ng- itse-- sexp�rl�• � €- a££erdakfe housing- £er -dow -- arid- ��, rr�arimcn�- kon�e�tele}s.--- €t- akenid be- Vie«?- ,-- iR- �kri�- regard ; - fi3rat-- a-�i:oer- against eandemiRinm-- coR�erajrxea - -- does -- riot-- �!e�- _�1- 1y�- -- preserve housing- a€ €�.ds{y+ £or- }ever- ineeme- itonseiso-le}a irr -areas e €- #ig#t- �iemaa�� -in -the -- long- rnnz - -#r ae- l�etiorr- increases; rents-- vrri•� -r"i se-- to- t}te -- }eve i- irhrxChr- caa- 3a-snpported - -Hy demands - - &t- this - point =- hewevery- the- Rxtnre -e €- the - demand -is ii]�eiY- te- ehenge - -- instead - a €- renternnita- being - occupied -bY one- €ams�p�- they- �rri� -be- rented- ki'-- s- �±n4.±r+�± .. -o €- tenants {stndents�- unmarried- eenpieay- etc.- }--- �Phere -is- evidence -that this- gatterR-- lsae-,erl- ready «-- „�,vna-- est�l3ahee� -tn- -Newport Bexeh--- �#- �cwe, c' r- to- eentiRne- ancncc-xee,- ths�pattem -map resnf t- err-- a-- }rigkex�- ineideaee --o €- tom;- _die��� -ante tre€ €ieT- neighberheed- instabiiitY;- end -a- higher- crime -rete- Housing- rehabiiitatian- e££erts- map- sha3i- #��Reonraged• -as -s means-- e£-- maireteiaireg -- s€Fordeh3o - 3tons47:g -for-- fear -- -and • moderate - income-- kensekeids---- �Pe-- eckieste -- this-- ab9eetivey severe}-- }eea� -- governments -- offer - -dew -- interest -- deans - -te elderly -eitss ens rphe-senree -ef funds- for- this- effect- is- gexera��Y- the- EeennnRitp- Beve3epmeRt B }eek- Grant- Fregram- a Implementation Plan: Page 13. a--- "Phe -�itY' -�3� -- amend - its- eondoxrirei.�zer -sense rs #art erdinanee- te- perarit- fi}ie-- ry++.y�s#�±!r�F- rests # -nn #t s #n- yxwjects- e€-- €o�tr- txrris -er— less - #:o-- ewnersh #p tenure =- hceetxse- ofi --tk� �xpa�decl'appartvn #ties -that end- new - entreats -te- the - bass #ng- merltet- shall submit an CDBG Funds to financially assist the rehabilitation of housing for low and moderate income households. and make b---� n -- its -�luaticx�r- v€- t�- En- iky - -Beae #ailment B }eek- CYrent-- PregraRr; -tile- cif«- si�a� #- tiv�rs4der -the fees # 19 # # #ty- og- �xsincl-a-�C�rtivrr- of -e+seh €tom -€er hens #ag - rehab #� #tat #en- perpeses- b. The City shall require the replacement of demolished within the Coastal Zone wher of 3. Target Dates: e:-- Pregrem- 9e--- �Fh #s-sha�� -]9e- implemented -immed #ate #p - a. The CDBG application shall be made for 1982 funds. b--- Pregrem- 1) 1} r-- 4�his-- s�rabi-�raeeed-- in -t�� _���t -w #tls Pregrem -gb- b. This program shall be utilized as projects are proposed.