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HomeMy WebLinkAbout08/21/19801 X I X 40 0 X ADJOURNED.PLANNING COMMISSION MEETING Place: City Council Chambers MINUTES Time: 2:00 p.m. Date: August 21, 1980 of Newport Beach All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: Robert Lenard, Advance Planning Administrator Patricia Temple, Senior Planner Donald Webb, Assistant City Engineer Dave HarShbarger,- Director of Marine Safety Pamela Woods, Secretary Consideration of proposed Land Use Plan and Development Policies for the Local Coastal Program INITIATED BY: The City of Newport Beach ,11 (Commissioner Thomas suggested that specific pro - posals, item by item, should be considered before the Commission starts ma.kina.policy decisions. Planning Director Hewicker.suggested that public testimony be taken at these hearings on the Local Coastal Program and the Commission make their recommendations to the City Council. He also stated that the ultimate decision as to whether or not this is a certifiable LCP rests with the Coastal Commission. Commissioner Beek stated that where controversies exist in the Plan, the Commission should propose alternatives to the City Council for their evalu- ation.. Commissioner Allen stated that she is.also con- cerned with the issues of the City's historical and existing visitor facilities, which are not, dealt with in the staff. report. Chairman Haidin- ger stated that these specific areas not covered in the staff report, will be noted after the staff report is considered. -1- INDEX LOCAL COASTAL PROGRAM COMMISSIONERS 0 0 August 21, 1980 - 2:00 p.m. of Newport .Beach MINUTES Chairman Haidinger suggested that the Oceanfront Walkway /Bikeway issue and Public Restrooms be considered first today, considering the number of concerned citizens present today wishing.to ad- dress these issues. The Commissioners concurred. Commissioner.Balalis asked legal counsel to.com- ment on:the Fair Political Practice Commission ruling concerning himself and Commissioner Beek. Mr. Burnham, Assistant City Attorney, stated that at the request of Commissioner Bal.alis and Commis - sioner Beek, the Fair Political Practice Commis - sion has issued an oral and informal opinion con- cerning the ability of the two Commissioners in question to participate in the public hearing and deliberations on the adoption of the Local Coastal Program. He stated that with respect to certain aspects of the draft LCP, these Commissioners have a financial interest which precludes their parti- cipation. He also stated that each of the Commis- sioners have been advised of their particular areas of conflict. Mr. Burnham stated that they have advi -sed that the Commissioners can s.it on the dais during the discussion of those areas., but they need to indicate the areas which they do not intend to-participate. ommissioner Balalis stated -that he would refrain rom discussing and voting on any coastal dep:en- ent issues, due to the fact that he has an inter - st in more than one piece of property in the alboa Peninsula point, West Newport, McFadden. quare and:McFadden Square Bayfront areas. I. ommissioner Beek stated that because of his.in- ere.st in the Beacon Bay /Balboa Yacht Basin pecific Area Plan and his.interest in the Balboa sland Ferry, or any issues that may impact same, e would refrain from any discussion or voting. ommissioner Beek also stated that he would re- rain from any discussion, questions or voting n policy concerning leaseholds of public pro erty. r. Burnham explained the.usage of.straw votes ith regard to voting on the Local Coastal Progra -2- INDEX August 21, 1980 - 2:00 p.m. N City t i y of Newpor Beach MINUTES The public hearing was opened and Mr. Don Porter of the Newport Harbor Area Chamber of Commerce appeared before the Commission. Mr. Porter state that the Board of Directors have prepared a general. position paper on.the Local Coastal Pro- gram which covers their concerns. Mr. Chuck Hersh, Vice- President of :the Newport Harbor Area Chamber.of Commerce, voiced their concerns as follows: 1) Newport Beach should be recognized for its existing public access for visitors, and, not subject to change by the mandates of the Coastal Commission. In meeting the balanced desires and interests.of the citizens of Newport Beach, we expect the LCP will be com- pliant with the Coastal Act and expect the LC will be approved by the Coastal Commission. Newport Beach, historically, has been.in the forefront of serving thousands of visitors and should be allowed to maintain-the beaches, • beach access routes.and parks as they exist today. The Coastal:Commission approval of the Long Beach Plan serves as an example. 2) Zoning: The s.pot zoning of commercial'parcel as defined now in the LCP is arbitrary and unfair. The existing commercial zone.shoul`d be allowed to remain except that those uses which need to be updated and those uses which are water related along with visitor serving, should be added. We also believe that offices. are appropriate and should be allowed on the ground floors. Our present zoning provides healthy visitor serving elements with its mixed use of office and commercial. Instead of those uses defined in the current LCP, the law of supply and.demand should strongly in- fluence land use decisions. We agree with the listing of primary and secondary prior - ities and that the owners should have to reasonably search all avenues to comply with them., However, to restrict the owners to those primary and secondary uses alone, would mean vacancies; therefore, there would be.les visitor serving and more unemployment. Not • -3- August 21, 1980 2:00 p.m. 9 City of Newport Beach MINUTES all Marine related uses are profitable when necessary high waterfront rents are taken in consideration. ,3) Requiring land owners to keep mobile -homes on site.or at another site i.n the City of Newpor Beach. is not.the answer to low or moderate housing. Newport Beach already provides ade- quate low cost housing through: rentals. In fact, it is our belief that we should.en- courage more owners to.live "in" rather than rent "out ". This would upgrade the quality of some areas which some renters have allowed to become below standard. Mr. Hersh added that in general, the NHACC would like to see an LCP which would allow-a redevelop- ment plan for the older city commercial areas, a better balance of "quality of life" with "economic interest ",.mixed land use (residential, commercial,- visitor serving), a plan to protect and upgrade existi.ng residential and commercial areas. Most important, we want to see an LCP that achieves a balance of the desires of the citizens of Newport Beach and not the desires of the staff on the Coastal Commission. Newport Beach is,.and should be used as, a model to the rest of California for public access and visitor serving. Chairman Haidinger stated that he would now like to direct this public hearing to.the co.nsideratio of the Oceanfront Walkway /Bikeway issue. :.-OCEANFRONT WALKWAY/BIKEWAY OCEAN FRONT. Commissioner Allen suggested that she would like "a WALKWAY/ to see commercial walkway across the front of the Cannery Village, like that at Lido Marina Village. A continuous walkway would give lateral access to a portion of the waterfront. She also stated that the walkway and shuttle bus concepts should be made requirements of the redevelopment along the bayfront.as a trade - off for the side- walk extension. -4- COMMISSIONERS August 21, 1980 Ki 2:00 p.m. Mal . MINUTES Commissioner Balalis stated that the Commission needs to examine how many people visit Newport Beach and.how many people the City can accommodat He also stated that in order to understand if the beaches are being adequately used, he would like to know the number of people visiting Huntington State. Beach and Bolsa Chita State Beach. Com- missioner B.alalis added that the existing parking facilities giving access to the waterfront should be better utilized. He stated that we should encourage people to walk.on the walkways rather than riding bikes or skateboards. He noted.that the restroom facilities are filthy and a danger to anyone who uses them. He suggested. change rooms with lockers and an attendant on duty durin the hours: the beach is open. Chairman Haidinger stated that perhaps is would be helpful to the Commission to have some descrip- tive material on what the City is presently pro- viding in terms of visitor service facilities. Mr. Don McInnis of Newport Beach, appeared be- fore the Commission: Mr. McGinnis stated that the beaches are the primary recreational assets in Newport Beach. He added that to pave another inch of the beach would destroy it. :Mr. McGinnis added that presently there is beach access every. 300 feet, thereby making our beaches usable and family orientated for beach activities: Motion. X Motion was made to eliminate.the.walkway from the Local Coastal Program. Mr. Bob Newcombe of Corona del Mar, appeared be- fore the Commission. Mr. Newcombe stated that it is clear that the oceanfront residents` are wanting to preserve their ocean privileges, but he is also concerned with the other residents of Newport Beach. He stated that c hanging the access from motor car to other means i.s ecologically sound and will alleviate parking conditions rather than adding to them. He added that most people who live inland, do not know about these proceedings, but would be interested in gaining.access to the . beaches for their children. Mr. Newcombe re- commended that in the next general election, the oceanfront bikeway issue be placed on the.ba.11ot, to determine the will of the people. He urged the Commissioners not to confuse bicycle access with liter and crime. -5- August 21, 1980 2:00 p.m. MINUTES u 0 Commissioner Thomas stated that an alternative of making the existing walkway functional would be to connect the end of the existing trail through to the alley bike trail which runs parallel to the water. This would not provide the cyclists with an ocean view or recreational opportuni.ty as was the intent of the'Coastal Act, but it is a potential alternative. He added that many people would like to hook -up a bikeway with the existing Santa Ana River Trail. We should be attempting to get people "out of their cars. Commissioner Thomas added that the public right - of -ways dedicated in the front of the oceanfront . properties should be utilized by all the people of the Ci.ty, not jus.t for the exclusive use of the property owners. He added.that the main. issue is not beach acces, in that we have too much vehicular access to the Peninsula now, but the real issue is recreational opportunity. Commissioner Balalis stated that he would like to know the degree in which the City's existing facilities are being utilized. Mr. Dave Harsh- barger, Director of Marine Safety, appeared be- fore the Commission. Mr. Harshbarger stated that in comparison with the other beaches in Orange County; Newport Beach is utilized at saturation leveTs on the weekends in the summer. This is determined.by the number of parking spaces in general walking distance -to the beach, along with aerial photographs; turn -over rate at the parking meters and the number of residents of the area to determine when the.saturation point is reached. Generally, saturation levels are met when approximately 70,000 people are on.the beach" at any one time from 6:00 a.m. to 12:00 midnight. -6- City of Newport Beach ROLL CALL INDEX .Commissioner Beek stated that many alternatives have been discussed. These alternatives being to do nothing, to tear out the existing ocean- front walkway, or to build the extension of_the oceanfront trail or walk. Substitute Substitute motion was made by Commissioner Beek ton Moi to submit alternatives to the City Council for their consideration. u 0 Commissioner Thomas stated that an alternative of making the existing walkway functional would be to connect the end of the existing trail through to the alley bike trail which runs parallel to the water. This would not provide the cyclists with an ocean view or recreational opportuni.ty as was the intent of the'Coastal Act, but it is a potential alternative. He added that many people would like to hook -up a bikeway with the existing Santa Ana River Trail. We should be attempting to get people "out of their cars. Commissioner Thomas added that the public right - of -ways dedicated in the front of the oceanfront . properties should be utilized by all the people of the Ci.ty, not jus.t for the exclusive use of the property owners. He added.that the main. issue is not beach acces, in that we have too much vehicular access to the Peninsula now, but the real issue is recreational opportunity. Commissioner Balalis stated that he would like to know the degree in which the City's existing facilities are being utilized. Mr. Dave Harsh- barger, Director of Marine Safety, appeared be- fore the Commission. Mr. Harshbarger stated that in comparison with the other beaches in Orange County; Newport Beach is utilized at saturation leveTs on the weekends in the summer. This is determined.by the number of parking spaces in general walking distance -to the beach, along with aerial photographs; turn -over rate at the parking meters and the number of residents of the area to determine when the.saturation point is reached. Generally, saturation levels are met when approximately 70,000 people are on.the beach" at any one time from 6:00 a.m. to 12:00 midnight. -6- COMMISSIONERS August 21.; 1980 - 2:00 p.m. MINUTES Commissioner Beek asked Mr. Harshbarger if the saturation levels referred to were for the.parkin or the beach. Mr. Harshbarger stated that gener- ally, it refers.to the parking. Ayes: X Commissioner Beek's -s.ubstitute moti.on was.then Noes X X X X X voted on, which motion failed. Commissioner Allen stated that if the proposed oceanfront walkway /bikeway were to be eliminated, she would like the alternative of the commercial walkway and the shuttle bus system to be con- sidered. Amendment Amendment to Chairman.Haidinger's motion was made by Commissioner Allen to delete the proposed oceanfront walkway /bikeway,.not the existing one, and add policy language to require a continuous walkway offering lateral access along the bay in the Rhine Channel area, Cannery Village area, and Lido Village area, and that we explore the feasi- bility of the shuttle bus system. As commercial properties redevelo'p`aaong the waterfront in these areas, the continuous walkwa•y->would be a condition Acceptance X Chairman Haiding.er accepted -this as an amendment. to his motion.. • Commissioner Thomas asked Commissioner Allen how the motion applies to recreational opportunities as identified in the Coastal Act. Commissioner Allen responded that the ultimate end is that the public will then have access to two water- fronts instead.of one. Mr. William Blurock of 2300 Newport Boulevard, appeared before the Commission. Mr. Bluerock stated that this concept will restrict the use of waterfront properties, namely those uses which are dependent on.the water, i.e., boat docks; marinas; yacht brokers; marine repairs; etc. He stated that the bayfront is specifically zoned commercial for marine.related uses which would not be.conducive with a public walkway. 50 7 � 41 7CN August 21, 1480 - 2:00 p.m. of Newport Beach MINUTES ROLL CALL I I I I J i l l I INDEX Se ration of�nended Motions Mo &n Ay Noes I X X Planning Director Hewicker stated that the motion should include policy language which should be consistent with the uses specified for commercial waterfront property in the Local Coastal Program, that of public safety and security of private property. There could be physical hazards in- curred with people near areas of boat repair, for example. Mr. Blurock stated that there are two types of commercial. uses in this area,'that of general public uses.and marine related uses. Consequently there can never be a continuous walkway because of the marine related uses and.hazards therein. Perhaps as a` general policy the Commission should consider a reasonable continuation of walkways, bikeways and access, which may have to jog grace- fully at certain points to achieve public.safety. Commissioner Allen stated that she concurred.with Planning Director Hewicker's comments. Chairman Haidinger suggested that separate motion be made on the elimination of the walkway and the addition of the walkway in the.commercial areas. Commissio.ner Beek stated that he would have to vote No because there have only been ten minutes of debate on the subject.. We`need more time and debate to develop reasonable alternatives to present to the City Council. Commissioner Balalis stated that the present use of the sidewalk on Peninsula Point ends on E Stre with an off -ramp to Balboa Boulevard. He stated that he favored the elimination of additional walkways and that a signing program should be established to indicate that the bike trail con- tinues on the public street. The signing should be in such a manner to make it clear to the cycli that the trail leads to the end of the Peninsula. Discussion by the Commission suggested that the bicycle trail be marked with.signs. Chairman Haidinger stated that this point could be discuss under the sign issue. Commissioner Balalis also stated that he would like to'see a statement in the LCP Preamble regarding the number of people currently using the beaches. At this time, a motion to eliminate the additiona walkways from the Local Coastal Program.was voted on, which MOTION CARRIED. , 0 "Motion Ayes Abstain 49 �9 V4 August 21, 1980. - 21:00 p.m of Newport Beach MINUTES Commissioner Balal.is asked legal counsel to clarify his voting.on the commercial °walkway issu Mr. Burnham stated that this issue was not inclu- ded in the draft LCP, and does not relate to coastal dependent uses, but it may have some im- pact on the property.you own. He suggested that Commissioner Balalis not'-participate in this particular vote. Commissioner McLaughlin asked staff.to explai.n when the City requires sidewalks around commer- cial developments. Planning Director Hewicker . stated that the policy has generally been to make every effort to provide a. continuous access. Commissioner McLaughlin.asked if by including this in the LCP, thi.s would.mandate other pro - perties to provide continuous access. Planning. Director Hewicker stated that this would not be mandated, but we may have to amend our regulation! to require that there be lateral access for those uses which otherwise are not discretionary. He added that there may come a time when.some public agency may want to provide this.access. X Motion was made to adopt policy.language that as X properties redevelop, consistent with public safety and protection of private property, a continuous walkway be the City policy along the bayfront commercial property. As a result of this policy, existing p.roperties.on the bayfront are not expected to put in a walkway. Chairman Hai.dinger requested staff to report back at the next meeting on the feasibility of a shuttle bus system. Mr. Hans Eigner, appeared before the Commission. He stated that some of the people that shop at Fashion Island would be interested in a shuttle system that would take them to the beach. COMMISSICNNERS August 21 , 1980 - 2:00 p.m. " 9 City of Newport Beach MINUTES R O L L CALL ( 1 1 1 1 1 1 1 INDEX PUBLIC RESTROOMS Commissioner Balalis stated that the current. conditions of the existing public res.troom facilities are appalling He stated that the City should consider better utilizing the existin facilities. He added that the City should first consider improving the existing faciliti.es.and then consider additional facilities. Motion X Motion was made that the staff come back to the Commission with a feasibility report on the ex- panded use.of the ex'is.ting facilities to include dressing room facilities with lockers and atten- dants on duty to insure that the facilities are clean and well maintained.' Commissioner Balalis stated that after this in- formation is' obtained, the Commission can then . determine whether or not additional facilities would be needed. PUBLIC REST - ROOMS Commissioner Beek stated that decent facilities should be provided, meaning that they be properly maintained and of adequate quantity, to attract decent families to use our beaches. Adequate signs also need to be provided to: indicate the direction of the restrooms.which. should be approx - mately one -half mile apart. He added that more restrooms are definitely needed as recommended in the LCP. Commissioner McLaughlin asked staff if these facilities remained opened at.night. Staff replied that the existing facilities remain open at night. Amendment X Commissioner Balalis amended his motion to accept the LCP recommendation, if the information re- ceived from the staff will allow the City to properly maintain those restroom facilities. Commissioner Allen asked Commissioner Balalis if it is his intention that the City build these • restroom facilities as recommended by the LCP, assuming that it is proven by maintenance of -10- es 0 L COMMISSIONERS August 21, 1980 2:00 p.m. Cit . N ort Beac Fili. i , i I h v of ewp h MINUTES the existing restrooms that we can in fact, maintain them in a.safe, moral and clean manner.. Commissioner Balalis stated that.this was his intention. Commissioner Allen stated that she was also concerned with the funding, to first maintain and expand the existing restrooms. Commissioner Balalis stated.that the City Council is sure to hear the cry of the citizens on this issue. Commissioner Thomas stated that perhaps attendant would not.be needed, but more frequent.cleaning, sufficient upgrading ard.locking the doors at night may be the alternative solution. X X X Amended motion by Commissioner Balalis was then T Voted on, which MOTION CARRIED. The Planning Commission recessed at 3 :50 p.m. and reconvened at 4:00 p.m.. COMMERCIAL FISHING FACILITIES Commissioner Allen asked staff if the dinghy rack refer to commercial fishing. Mr. Bob Lenard, Advance.Planning Administrator, stated that the dinghy racks refer to commercial fishing uses and the City owned moorings. Commissioner McLaughlin asked staff to.explain the statement in the staff report wherein it states that "most have left.to profit from the increased value of the moorings. Mr. Lenard stated that because of the high mooring rates, there is somewhat of a black market-in moorings. The increase in value of mooring. rates have caused some of the people to take their boats off the moorings.or to sell.them to gain the appreciation. -11- ESI 1M1nK)Vt" August 21,1980 '- 2:00 p.m. a: Citv of Newport Beach MINUTES Commissioner McLaughlin stated that if a specific mooring area is designated-for commercial fishing purposes, this may alleviate the black marketing. Mr. Lenard stated that the commercial fisherman may black market these spaces because the waiting list is approximately fifteen years. He stated that the United Fisherman's Organization has requested that they be given preferential treat- ment,. so that when the moorings become available the could purchase same. Commissioner McLaughlin asked what the.qualifi- cations were to become a commercial fisherman. Mr. Lenard stated that there are no standards, but if the.Commission would adopt the policy of giving commercial fishermen preferential treat- ment, a system would have to be developed whereby the City could evaluate and determine who could participate in this system. Commissioner McLaughlin asked legal counsel if the City Attorney's Office had prepared a report on the reduction in dockage and moorage rates. Mr. Burnham stated that a report would be forth- 1.1 1 1comi.n.g. Commissioner McLaughlin asked if the City had adequate pump -out facilities. Mr: Harshbarger stated that there is one pu.blicly.maintained facility at the Orange County Harbor Patrol entrance, and several private facilities. He stated that the City ordinance requires that marinas provide pump- out services. He added that it is a value judgement as to whether or not there are adequate facilities. Commissioner Beek stated that pump out facilities are not a significant factor for commercial fisherman going to sea everyday, where they can make there discharges at sea. Mr. Harshbarger stated that they can discharge legally at sea. He added that the utilization of.a pump -out station would depend on the holding tank capacity of their boats and.how long.they a.re in the harbor Commissioner Beek stated that the boats would be' residences as well as commercial fishing boats. • IIII(�I' �. -12- AMISSIONERS August City of 21, 1480 .- Newport 2:00 p.m. Beach. s Amendment to the motion by Commissioner Thomas MINUTES Mr. Lenard stated.that Page 3 of the staff re_ port, Item 3, discusses the need for pump -out facilities for boats in general. He added that this need was geared toward recreational boating rather than commercial fisherman. lotion X Motion that the Planning Commission accept the LCP recommendations on the public facilities proposal for commercial fishing and add the restoration of electrical service at.the Rhine Channel wall. amendment X Amendment to the motion by Commissioner Thomas adding a potable water supply provision for the fisherman. acceptance Commissioner Balalis accepted the amendment to his motion. 11 Ayes X X X X X Y Amended motion was then voted on, which MOTION CARRIED. DINGHY RACKS • Commissioner Beek stated that he finds dinghy usage quite appropriate and highly desirable in Newport Beach. He stated that the only way to keep dinghy storage from being abused or over- used would.be to charge for the storage. The laws of supply and demand can set the rates,. and the City can make a sideline income off of. this. Commissioner Balalis asked if this would be limited to dinghys only. Commissioner Beek state that it should be limited to length and width of the craft. Commissioner Beek asked Mr. Harshbarger if the. City would be.agreeable to maintaining and'renti the dinghy racks. Mr. Harshbarger stated that this would need some study to determine and re- view the costs of such a system. He added with over 735 off -shore moorings, this could prove to be an extensive dinghy rack system. -13- DINGHY RACKS 4MISSIONERS August 21, 1980 -. 2:00 p.m. MINUTES City of Newport Beach Commissioner Beek stated that the majority of the moorings along the. beaches are leased primarily for dinghys so that people can get out.to ":their yacht: Mr. Harshbarger stated that there are 490 such shore - moorings, which are limited to 18 foot size boats, mostly dinghys. Mr. Tony Turner of Newport Beach, appeared before the Commission. Mr. Turner stated that he is a mooring owner, and the problem is obtaining access to the moorings. He sta:ted.that.the City.would probably face considerable problems with the . dinghy rack rentals. Mr. Turner suggested that the Commission resolve this problem by making. access available at the ends of all 'the streets so that a person can inflate their craft or hand carry their small dinghy. to launch.. He added that.many -areas are restricted for launching a dinghy, and that it would be necessary to' expand the areas designated for dinghy launching. • Commissioner Thomas stated that this approach seems like -a reasonable solution to the problem. otion X Motion w.as made to allow.dinghy launching at all street ends and beaches on lower Newport Bay: Commissioner Balalis asked Mr. Harshbarger if any of the street ends could be considered dangerous: for dinghy launching. Mr. Harshbarger stated that a sandy, sloping beach is safe, but a street end with deep water or a bulkhead would be con- sidered dangerous. mendment X Commissioner Thomas added an amendment to his motion to add that the street.ends to allow launching'.be commensurate with public safety, prior to final approval that a list be brought back to determine these, and to define the word "dinghy" to small crafts of no more than 12 1/2 feet single hull, less than 5 feet in beam. 11 Ayes X X X XK X X Amended motion was then voted on, which motion. carried. -14 COMMISSIONERS - .. MINUTES August 21, 1980 2:00 p.m. of Newport Beach Commissioner Beek stated that yachts in the bay are only used a small percentage of the time. He. stated that these boats obstruct our shores, whit could be utilized as bathing beaches. He suggest d that the City should adopt.a policy to encourage and promote more.boat chartering, rather than boat owning. Chairman Haidinger stated that this is a matter that can be considered under the other matters portion of the Agenda. FACILITIES FOR BOATERS FACILITI Mr. Ken Sampson of 2521 Bayshore Drive, appeared before the Commission at the request of the City of Costa Mesa which is interested in a. small boat harbor to relief some of the congestion that Commissioner Beek has eluded to. The.Federal • project known as the West Newport Beach Marina, has access to the sea at the mouth of the Santa Ana River.. He stated that Page 6 of the draft LCP, Item No. 4 states that the City shall en- courage.such projects. Mr. Sampson also stated that the City of Costa Mesa. requests more specific language in regard to the west Newport Marina which would serve Costa Mesa, as well as relieving recreational boating congestion in Newport Harbor: At the present time, we are attempting to get such funding from Congress for a Corps of Engineers study as to the feasibility, of the establishment of such a harbor. Commissioner Thomas asked staff to explain if the Commission should comment on areas and projects outside of our sphere of jurisdiction. Mr. Lenard stated that the LCP Committee had discussed this issue at great length. The harbor proposal. is outside of the City's sphere of influence and corporate l.imits,.however,.i.t is within the City's planning area and is discussed in the general plan. He added that this is the only reference to the harbor proposal in the entire plan; therefore if the Commission desires to be more specific, it • may be appropriate... I F I I I III I -15— August 21, 1980 . .- 2::00 p.m. il City of Newport Beach MINUTES Planning Director Hewicker stated that at the next meeting of the Local Agency Formation Com mission, this will be discussed and there is a strong possibility that this area may be place.d.. in the City's sphere of influence by LAFCO. He added that this area is a county island, complete surrounded by the City of'Newport Beach. Commissioner Thomas made.reference to the 94 acres of wet land acquisition by the Corps of Engineers in the area designated.for the harbor. He stated that there is the possibility of seriously jeopadizing endangered species and the flood control project: Mr. Sampson stated that they are only requesting a Corps of Engineers study report which would take into consideration all of the points mentioned in greater depth, including the environmental impacts. Mr. Sampson added that the.acquisition of this land would not happen.until 1986, in the meantime, this matter could be mitigated. M lion X Motion was made to request.the staff to. come back, Ayes, X MX X as Commissioner Beek suggested earlier, with Noes X X alternatives, including revised wording that we more .strongly support development of the area for .harbor as.the City of Costa Mesa is requesting. Chairman Haidinger stated that at the next meeting, the Commission will then be in a position to eithe select an alternative or pass both.on to the City Council: Commissioner Thomas stated that.there has been great concern expressed. by the Water Quality Control Agency that there is not enough pump out stations in the harbor, thereby causing algae to grow due to illegal pump -outs. M tion X Motion was made to include an additional pump- A11.1 Ayes XIIX X X1 X out station: site," publicly.funded, if need be. -16- COMMIS_SIONERS�� August 21, 1980 - . 2:00 p.m. MINUTES ' 91 City of Nei Beach lotion. X Motion was made to withdraw University Drive HIL from the circulation system, proposal for the draf Local Coastal Program as. illustrated on the map on Page 16 in the Plan. Commissioner Balalis asked if the map on Page. 16, which was adopted by the City.Council on March 11, 1974, pertains to the circulation • element of the general plan. Mr. Don Webb, Assistant City Engineer, stated that the map -17- PUBLIC VISUAL ACCESS PUBLIC VISUAL Commissioner Allen asked staff what areas were ACTESS being considered in public visual access. Mr. Lenard stated that only those areas in the Coasts Zone were being considered. Commissioner Thomas stated that the Committee was concerned with the inclusion of additional sites. Mr. Lenard stated that the policy proposal.on views is that the existing vista.points on public property shall be protected and maintained. In terms of private property views, the Committee discussed various policies. It was suggested to tt em to qualify the restriction to preserve.as ma.ny of these views as reasonable or feasible. He added that this does not mean that nothing can be built as these locations, but development should be designed to protect the view., • Commissioner Allen stated that she agreed with the policy language of the staff report, in that when development occurs, it whould take into consideration minimizing the impact. She added that this would not preclude development. otion X Motion was made that where coastal views from yes X XK X X X existing roadways exist, any development on - bstain X private property within the sight lines from the roadway shall be sited and designed to minimize the impact on the coastal view. MASTER PLAN OF STREETS AND HIGHWAYS: STREETS lotion. X Motion was made to withdraw University Drive HIL from the circulation system, proposal for the draf Local Coastal Program as. illustrated on the map on Page 16 in the Plan. Commissioner Balalis asked if the map on Page. 16, which was adopted by the City.Council on March 11, 1974, pertains to the circulation • element of the general plan. Mr. Don Webb, Assistant City Engineer, stated that the map -17- August 21,, 1980 2:00 p.m. M MINUTES does reflect the current general plan as amend- ments have been added since 1974 to update same. Mr. Web.b stated that the City is somewhat limited in obtaining access from one side of the bay to the other. The University Drive alignment is needed in.that our projections indicate it could serve 25,000 to 30,000 cars per day. The Fish and Game Department and the Coastal Commission have opposed this particular project, yet no environmental documentation has been completed to substantiate that the roadway could not be built. There is not sufficient data available at this time to remove it from consideration of the Local Coastal. Plan or the general plan. At this time there was some discussion as to the circulation element. Planning Director Hewicker stated that the circulation element of the genera plan should not be confused with the master plan of arterial highways. He stated that the intent of the Coastal Committee was to designate the map which is a master plan of highways as being general, and not with specific details. Mr. Lenard stated that the level of detail as pre - sented is adequate, or minimum Commissioner Beek asked what level of detail is required. Helene Kornblatt of the State Coastal Commission appeared before the Commission. Ms.. Kornblatt.stated that the Coastal .Commission is concerned with the effects on coastal resources and .public access thereto. She stated that there is no requirement for a circulation element or a map showing all streets. For `instance, left turn lanes would not be a Coastal Act concern. She added that University Drive was specifically mentioned because it is in the coastal zone and would effect coastal resources. Commissioner B.alalis asked if a statement were to be included, rather than the map, would this h to solve the problem; The statement in effect, would be, that any roadway system having an ad- verse affect on the habitat or any other.coastall sensitive issue, require that alternative action be taken or that an EIR would have to.be prepared s COMMISSIONERS August 21 1980 2400 p.m ZL 1111 1 City of Newport Bead MINUTES Ms Kornblatt staded that this may help, but legally, the Local Coas.tal Plan becomes the general plan for the coastal zone of the City. After further discussion, she added that the circulation element of the LCP should contain a statement that certain findings would have to be made about minor changes, that they do not affect coastal resources or access. These small changes would then not have to go through a LCP amendment even though they are in the coastal zone. Commissioner.Balalis suggested that changes in th circulation element that would not restrict acces to the coastal zone need not be required to be recertified in the circulation element. He added that the Commission has not determined as yet what those minor changes.would be.. Commissioner Balalis also suggested that the existing City of Newport Beach Master Plan of Streets and Highways be utilized "as a guide" for circulation system recommendations. At this time, Chairman Haidi.nger. suggested that the Commission act on the motion as made by Commissioner Thomas. Commissioner Beek suggested tha.t.that.motion by Commissioner Thomas be modified to also '.delete any reference to projected routes for the 55 Free way. Commissioner. Thomas stated that he would. like to deal with these issues separately. Mr. Chuck Hersh of the Newport Harbor Area Chamber of Commerce appeared before .the.Commissio Mr. Hersh stated that he is also a member of the Transportation Plan Citizens Advisory Committee, (TPCAC). He stated that if a significant change is made in the general circulation element of the City's Master Plan, this can only happen.. after a full environmental impact study has been performed. He added that the circulation element as currently defined must be maintained to pro- vide adequate east /west circulation in the City, specifically that of University Drive. -19- ■ August 21., 1980 if-11191 City of 2:00 p.m. MINUTES Beach INDEX Commissioner Balalis stated that a modified ver- Sion of University Drive.may.very.well serve this - purpose. He stated that until such time as the study is performed and.alternatives considered, he would not like to see this deleted from.the circulat.ion element. Chairman Haidinger concurre (. Commissioner Beek stated that this is a non - existent.element in the .circulation system and therefore would vote to delete it from the Plan.. es X X YX X Motion by Commissioner.Thomas was then voted on, es X X which MOTION CARRIED. tion X Motion was made to modify the circulation element by deleting any alternates to Newport Boulevard as routes for the 55 Freeway.. Mr. Lenard stated that .the . map was i.ncl.uded for convenience, but perhaps when it is Sent .to the Coastal Commission; we will send only what is within the coastal zone boundary, and eliminate what is outside of the City limits. ndment X Commissioner Beek stated that he would.add this as an amendment to his motion, that the Coastal Commission map include only what is within the coastal zone boundary. 11 Ayes X X X X X X Amended motion by Commissioner Beek was then voted on, which MOTION CARRIED.. Chairman Haidinger stated that the words "as a guide" should be added to 'Item No.'1 of Page 14 of the draft LCP, in order to give us more flexi- bility with the map.as it stands now. In other Words, a change to the LCP.would not be required in order to make a change in the City's circula tion system plan. otion X Motion was.made that the existing City of Newport yes X X X Beach Master Plan of Streets and Highways w.ill_.be oes X utiliied as a guide for circulation system re- bsta.in X X commendations. la) University Drive extension is not part of the City's Local Coastal Program. -20-