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HomeMy WebLinkAbout09/04/1980 (2)COMMISSICtNERS ADJOURNED PLANNING COMMISSION MEETING MINUTES Place: City Council Chambers Time: 2:00 p.m. Date: September 4, 1980 lifffil City of . Newport Beach ROLL CALL INDEX Present X X X YK * X *Commissioner Balalis arrived at 3:10 P.M. * * * EX- OFFPCIO 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 Pamela Woods, Secretary * * * Consideration of proposed Land Use Plan and Development Policies for the Local Coastal Program. INITIATED BY: . The City of Newport Beach Commissioner Beek stated that he would not be. participating in the discussion or voting on public property leaseholds because of a personal financial interest. Mr. Robert Burnham, Assistant City Attorney state that an informal written opinion was received fro the Fair Political Practice Commission (FPPC) wit respect to the disqualification of Commissioner Balalis and Commissioner Beek in certain areas of deliberati.on. He stated.that the Commissioner concerned have been made aware of this. He state that the only change in the opinion from the FPPC since the last meeting, is that Commissioner Beek would be prohibited from participating in deli- berations relating to coastal use policies.. After a short discussion with staff on the September 4th staff report, Chairman Haidinger • stated that the discussion today would be using the August 21st staff report as '-d guide, beginning with Public Property Leaseholds, -1- LOCAL COASTAL PROGRAM September 4, 1980 - 2:00 P.m- MINUTES: Of Beach ROLLCALLI III Jill I INDEX. 0 PUBLIC PROPERTY LEASEHOLDS PUBLIC Commissioner Thomas asked staff to comment on the PROPERTY L SEHOLD` feasibility of the creation of a fund based on fair market returns. Mr. Lenard stated that current revenues from the leases are in most respects, general fund revenues. Any funds that are earmarked specifically for another use, would take that many dollars out of the budget. Based on existing land uses, fair market values are difficult. to evaluate and calculate in many.cases.' He added. that most of the leases are handled directly at the City Council level. Commissioner Allen asked staff to comment on Page 13, Paragraph 2, wherein it states that any new lease will return to the City of Newport Beach lease rates to reflect the market value of the properties. Mr. Lenard stated that when a lease is negotiated, a.full appraisal report is presented to the Council. The appraisal report contains information on fair market value, growth factors and projected future use. It would be difficult if it were proposed to call in all existing leases to be renegotiated at fair market value. He stated that the older the lease, the harder it would be to implement, because the lease would be so far below market value. Commissioner. Allen commented that approximately four percent of the general fund is affected by this issue. . Commissioner Thomas stated that the problem the leaseholders face is that they can either work with this arrangement, which affectively guaran- tees the continued types of uses on the public property currently, or they can proceed to deal with the Coastal Commission. Chairman Haidinger clarified that as the leases are renewed, the revenues from the leases, or possibly the difference between the current rent and the revised rent, would be put in a fund. The fund would then be used to buy waterfront property which would then be available to the public. He stated that the fund proposal would not have an affect on the property holder because the money would have to be paid out anyway. He added that this seems more like a City budget pro lem. MAE 4MISSIONERS September 4, 1980 - 2:00 p.m. MINUTES 19 City of Newport Beach INDEX Commi.ssioner Thomas stated that this would be a fund transfer which would allow for conformance with the Coastal Act as well as allowing the exis,ting leaseholders to maintain their existing types of uses. Chairman - Haidinger asked if anyone in the audien had any input on this ma.tter. No. one came'forth at this time. Motion X Motion was made that-when-the leases expire or as soon as it is feasible to renegotiate, they shall be renegotiat.ed at fair market value, re- cognizing 'that this is the current City policy. . The funds shall be used for acquisition and development of coastal properties to provide uses consistent with the Coastal Act such as smal.l boat launching facilities, acquisition of environmental ly sensitive habitat areas and other uses which may be consistent with the tidelands trust provisions. • Commissioner Cokas.asked if the total revenue froir these leases would go into the fund, or just the increase. He also asked if this will have a significant effect on the City's general fund. Commissioner Thomas stated that all of the revenues would be placed in this fund. Chairman. Haid.inger stated that this would affect four to five percent of the City's total budget. Com- missioner McLaughlin suggested that only a per- centage of the revenue should go into the fund, rather than to shock the City's budget. Commissioner Cokas sta.ted -that the effect would be gradual in that the renegotiations will occur over a period of time, not all in one year. Commissioner Thomas added that .some of the leases do not expire until the year 2000. Commissioner. Thomas suggested that if the motion passes, he would request a report from the City Manager's Office indicating the impact this may have. Mr. Lenard asked if the intent of the funds are for land acquisition or development of existing -3- COMMISSIONERS September 4, 1980 2:00 p.m. MINUTES 3 city Newport of N ort Beach ROLL CALL I I INDEX facilities.. Commissioner Thomas stated that his intent was for either or. He stated that he has built inflexibility for the staff and the City Manager's Office to determine how the funds would be used. He added that his personal preference would be for emphasis on acquisition. Motion X Motion by Commissioner Thomas was then voted, Ayes X X X X which MOTION CARRIED. Absents X At this time Mr. Dave Dmohowski, representing- BEACON The Irvine Company, appeared before the Commission BAY . with regard to the la -nd use designations for Beacon Bay. Mr. Dmohowski stated that The Irvine Company is one of the leasees in the Beacon Bay area. He suggested that.redevelopment of the area should include all of the existing uses, such'as residential; boat maintenance facilities, restaurant, marine /commercial related uses and • the continuation of existing rental units.. Commissioner Allen stated that preservi.ng the existing land use pattern seems to be the intent of this section in the LCP. Mr. Dmohowski added that it may suffice to have a note in.the text stating that residential uses could be considered as part of the marine and visitor serving facili- ties-in the future, rather than showing a.com- bination of uses on the..map designation.itself. Commissioner McLaughlin suggested the deletion of the wording "particularly th.e marine commercial uses in the Balboa Yacht Basin .Area" from the Beacon Bay portion of the LCP on Page 53, to re- solve this problem. Mr. William Blurock appeared before; the Commission and stated that rather.than zoning at this time for a long term use in.the future, it should be. designated as public land. He stated that is. seems more appropriate to designate the land as public land with its present uses.. He stated that when the lease .comes up_for lease or release, it could be determined at that time if the best in` terest would be for public use or continue its p.resent use. -4- COMMISSIONERS -1 w September 4, 1980 - 2:00 p.m Gtv of Newaort Beach MINUTES ROLL CALL I 111 Jill I INDEX > . 0 Mr. Lenard stated that the LCP Committee.consider ed this, but decided to use.designations which would reflect the existing uses, as opposed to making the decision at a later date. Planning Director Hewicker stated that the Beacon Bay lease is due to expire relatively soon. One of the problems the owners of residential units are having is obtaining financing for new con- struction or extensive remodelling. It would seem by designating the area with residential use, the lending and financial institutions would then be aware of the City's intent. Mr. Hightower, President of the Balboa Bay Club, appeared before the Commission with regard to the blank public use designation. He asked if a business would be permitted to rebuild in the event a major catastrophe occurred. Planning Director Hewicker stated that.the intent of the implementation phase would be that the current rules and regulations of the City with respect to zoning and non - conforming uses would apply. This would allow the rebuilding of non - conforming buildings and structures which would be lost as the result of a fire, for example. He stated that there are specific provisions in the Zoning Ordinance which address the .question of legal non - conforming uses. Planning Director Hewicker clarified that'in the event the Balboa Bay Club elected to expand or substantially change their use, a use permit would then be required outright Mr. John Curci appeared before the Commission and spoke with regard to the public lands in Newport Beach. Mr. Curci stated that as the leases ex- pire, the City should then establish what should be done withAhe property, but for now, we should leave the options open on this land.. Chairman Haidinger stated that t should determine whether a broad nation or a specific designation sidered. Mr. Lenard stated that be certifiable if a blanket land is decided upon. • 11111111 -5- ie Commission land use desig- should be con - the LCP may not use designation September 4, 1980 - 2:00 p.m. MINUTES Mr. Lenard stated that it would-be difficult to devise a designation for-mixed uses. Chairman Haidinger stated that the Commission will not apply a blanket d.esignation, but may determine to use a mixed designation on individual cases as they arise. Motion X Motion was made to approve the wording for Beacon Ayes X X YX X Bay as.follows: "The Beacon Bay area is a City Abstain X owned parcel which is currently leased and used Absent * for both.residential and marine commercial uses. The Local Coastal Plan Land Use Plan designations reflect existing uses. It is the intent.of the land use designations.to preserve the existing land use patterns ", which MOT,ION.CARRIED. Commissioner Thomas asked how the slip rentals are tied into the American Legion Hall lease: Ms..Temple stated that the slips were developed by the American Legion Post. During the period of time they were paying for the construction, th • received all revenues from the slips. Now that the construction has been paid for, the City re- ceives 40 percent of the gross revenues from the -6- 3 � D TV GtX of Newport Beach ROLL CALL INDEX Motion X Motion was made that the Commission support a Ayes X X Y X specific land use designation, which MOTION Noes X CARRIED. Abstain X Absent ' Mr. Lenard stated that this would not preclude th Commission from designating those sites for some type of public use which would make the existing uses non - conforming, but still able to continue. After -the leases are r'enegotiate.d, consideration could be given to changing a specific land use as a holding designation, or.provisions for al- ternate -uses, such as primary and secondary uses. Commissioner Thomas stated that primary and secondary use policies are difficult to control. Chairman Haidinger stated.that his objective is to create a certifiable CCP which is also general enough to give flexibility. Commissioner Cokas stated that he voted No on the specific desig- nation, because it will not give us the flexi- bility we are looking for. Mr. Lenard stated that it would-be difficult to devise a designation for-mixed uses. Chairman Haidinger stated that the Commission will not apply a blanket d.esignation, but may determine to use a mixed designation on individual cases as they arise. Motion X Motion was made to approve the wording for Beacon Ayes X X YX X Bay as.follows: "The Beacon Bay area is a City Abstain X owned parcel which is currently leased and used Absent * for both.residential and marine commercial uses. The Local Coastal Plan Land Use Plan designations reflect existing uses. It is the intent.of the land use designations.to preserve the existing land use patterns ", which MOT,ION.CARRIED. Commissioner Thomas asked how the slip rentals are tied into the American Legion Hall lease: Ms..Temple stated that the slips were developed by the American Legion Post. During the period of time they were paying for the construction, th • received all revenues from the slips. Now that the construction has been paid for, the City re- ceives 40 percent of the gross revenues from the -6- COMMISSIONERS September 4, 1980 - 2:00 p.m. MINUTES i i 7195s) City of Newport Beach ROLL CALL I 1 1 1 III .I INDEX marina slips and the remaining 60 percent goes to the American Legion Post. She added that the slips are totally operated by the.American Legion Post as they maintain and lease the slips Mr. Burnham stated that this would be within the tideland trust. Motion X Motion was made to accept the wording of the Ayes X X X X X Local Coastal Plan with respect to the American Abstain Legion Hall site on Page 44 of the draft Local Absent * Coastal Plan, which MOTION CARRIED. Mr. Burnham, Assistant City Attorney, summarized LIDO for .the Commission a memo from the City Attorney's ISLE Office dated September 4, 1980, on the Lido Isle leases and the proposed signing program to identify the public beaches and the public access easements.. He stated that there are specific areas where the • public has access.over property leased by the City to the Association. Signs to be erected should be erected at those points and should indicate the nature.of the property.. Boat launching across the public access would be permissible only if the City Council designated, by resolution, any of those areas as launching /hauling sites. Chairman Hai.dinger noted at 3:10 p.m. that Com missioner Balalis was now present at today's meeting. After a discussion with Mr. Burnham on his pre - sentation, Chairman Haidinger asked for.the public's input on this matter. Mr. Robert Sangster, a member of the Board of Directors of the Lido Isle Community Association, appeared before the Commission. Mr. Sangster urged the Commission to delete the language con - tained on Pages 46 and 47 of the draft LCP, namely, "The City will establish a signing program to identify the public beaches and the public access easements." He stated that the Association spends approximately $30,000 per year maintaining and . improving the leased properties. He stated that it would be inappropriate to designate the beaches as public because they are leased to the Associa- tion. He also stated that the use of the access -7- September 4, 1980 2:00 p.m. MINUTES D y y City of Newport Beach ROLL CALL INDEX easements is quite limited to access for swimming, fishing and view purposes. He added that where there are beaches, the sand below the high tide . dine is mossy, wet and of little use for beach purposes. He.also added that the Newport Beach Municipal Code expressly prohibits boat launching and hauling over these access areas. Mr.. Sangster stated that his views were expressed in a letter to the Commission dated August 22, 1980. Mr.. Lenard stated that the staff did have the benefit of seeing each of the beach areas, and the amount of beach sand that is beyond the bulk- head line, which would be available to the public is extremely minimal. Mr. Tony Turner of Newport Heights appeared befor the Commission and stated that he had several suggested changes for the leasehold section of the LCP.. Mr. Turner stated that the Lido Isl.e situation is unique and should be identified as • unique in the LCP. He stated that he would like. to see the fifth sentence on Page 7 of the draft LCP changed to read as follows: "The following lease hold policies are established to guide the. use of present'leasing and re- leasing of public property." He stated that this wo.uld be eliminat the idea that it is not reasonable to renegotiate these leases now. He stated that these leases should be renegotiated, as the Lido Isle lease does not expire until 2001. He added that he fel that the Coastal Commission plan was to make thes beaches available. He stated that he is interest in access to the water and boat launching, not sunbathing on the sand. Mr. Turner also recommended that Policy No. 1 on . Page 7 of the draft.LCP be revised to read as follows: .. "Any presently held leasehold leases being-renegotiated-or renewed and new leases of publically owned land for private use shall be consistent with policies of the California Coastal Act and shall be subject to voter approval." He stated that these leases need to.be renegotiated and subject to voter approval. The fact that a law was established in 1929, does not mean that • the beaches should not be made more accessible to the general public now. -8- 7 COMMISSIONERS i September 4, 1980 - 2:00 p.m. of Newport Beach MINUTES ROLL CALL I I I I Jill I INDEX Mr. Turner.stated that this document must be ac- ceptable to the City Council as well as the Regional and State Coastal Commission. He stated that the maps.and the public accesses must be made clearer as to what Newport Beach is doing for the public at large. Mr. Turner stated that he has prepared a letter covering the changes he has suggested. Commissioner Balalis stated that it seems that th main concern of Mr. Turner, is access to the moorings off the island. 'Mr. Turner stated that there are approximately 50 moorings which are lo- cated on the westerly and southerly portion of the island. Commissioner Balalis stated that the problems connected with the moorings adjacent to Lido Isle need to be addressed. Mr. Turner state that the accesses are marked as being private. Commissioner Balalis asked Mr. Turner if it would be acceptable to the mooring owners if they had permission to use a specific access. Mr. Turner stated that the mooring owners are confused on their legiti.mate access rights and where .these rights exist. He stated that he has personally . been threatened to be arrested by security guards for trespassing. Chairmah Haidinger asked staff who owns the moor- ings. Staff replied that these were City owned. Mr. Lenard stated that the current section of the Municipal Code does not authorize boat launching in this area. He stated that many of the people launch their boats at the public piers on 15th Street and 19th Street. Mr. Earl Hardage, resident of Lido Isle, appeare before the Commiss- ion. Mr. Hardage explained the original concept of the Lido isle beaches. He stated that the beaches were man -made and were always private beaches. He stated that the ori- ginal intention of the beaches is that they be- longed to the public of Lido, not the public of Newport Beach. He stated that many of the houses on Lido do hot have water frontage and that there are not enough beaches on Lido to take care of the residents on Lido itself. -9- COMMISSIONERS =m 3 vrn September 4, 1980 2:00 P.M. i • ti MINUTES ROLL CALL INDEX Mr. Hardage also discussed the history of the leases relating to the City of Mewport Beach. He also addressed the fact that there is not ample parking on Lido Isle, along with the fact that there are no public facilities available. Commissioner Allen asked Mr. Hardage if, at the time the City Council was considering development for Lido Isle, the City's concern was to provide the °beaches for the interior residents of Lido. Mr'. Hardage. stated that this was correct. He stated that the City Council at that time, de- cided to take title and hold it in trust for the new residents of Lido Isle. He stated that every 25 years it would come up for renewal. Commission- er Allen stated that esentially, in the absence of a homeowner's association, the City stepped into that role on behalf of the non- existent homeowners. Mr: Hardage stated that they are in agreement that the bay of water belongs to . the public, but not the beaches. He added that this is why there are the six 4 foot easements, so that the public can get to the water's edge. I Motion X Motion was made to eliminate the last sentence on Page 46 of the draft LCP wherein it states, "The City will establish a signing program to identify the public beaches and the public.access easements." Chairman Haidinger stated that the City Council should determine if the policy should be changed allowing boat launching or hauling at these sites If so, the people who own the moorings should be adequately notified. . Commissioner Thomas suggested taking down the signs on the easements that are public. He state that rather than signing the area, there would be no signing one way or the other. Commissioner Balalis suggested that the sign should state that is a private association beach, but that one has the right to pass on the four foot easement. Chairman Haidinger stated that there would be • terrible enforcement problems with a sign of this nature. -10- C MISSIONERS1 September 4, 1980 - 2:00 p.m. MINUTES N x N City Of Newport Beach ROLL CALL INDEX Mr. Randolph Croner appeared before the Commission. Mr. Croner stated that none of the signs say "Private", the signs say "community beach ". Commissioner Cokas suggested that possibly the las sentence on Page 46 of the draft LCP be modified with the deletion of "the public beaches and ". He stated that establishing a signing program may determine that no signs will be used ad- versely or positively. Mr. Lenard clarified.that the signs state, "Community beaches for use of Lido Isle Community Association only ". Commissioner Allen stated that she agreed with the suggestion of Commissioner Thomas that the areas should be unsigned. Mr. Burnham stated that the Association has the exclusive right to use the beach areas. He stated that the Commis- sion would not have the authority to direct the Association to take the signs down, unless the Association was willing,to do so. Chairman.Haidinger withdrew his previous motion to make the following motion: Motion X Motion was made to revise the wording of the Ayes X X X X X X area description for Lido Isle, (Page 46 of the Abstain X draft Local Coastal Plan) as follows: "No changes in the Lido Isle land use pattern are proposed. All City- owned beaches have been shown as "Re- creational and Environmental Open Space" as well as have the access lots currently leased back to the Lido Isle Community.Association. The City. will establish a program to identify the public access easements." MOTION CARRIED. The Planning Commission recessed at 4 :00 p.m. and reconvened at 4:10 p.m. MARINAPARK MARINA- PARK Mr. Ross Spurgeon, President of Marinapark Home- owners Association appeared before the Commission with an aerial map of the facility. -11. C MISSIONERS1 September 4, 1980 - 2:00 p.m. MINUTES: City of Newport Beach ROLL CALL INDEX Mr.Spurgeon stated that they are opposed to the draft LCP theory that Marinapark be phased out and eventually used for public recreational uses. He stated that a major portion of the Marinapark complex is already devoted to public recreation, including a tot lot, four tennis courts, a girl scout house, voluntary action center, and 23 new public parking spaces. He added that beach access has been improved substantially in past years. There is access from either end of the park as the City;has.opened the entire concrete walkway across the front of the Park, providing a good lateral. access along with the vertical access.. He stated that mobile homes come the closest to affordable housing to be found in New- port Beach. Marinapark is the only mobile home park on the Peninsula, and the draft LCP as it stands; would eliminate 58 moderate priced housing units from the City. He.stated that it would be unreasonable to replace a dependable, revenue producing facility with a traffic generating, • expensive use. He added that the draft LCP should be amended to read: "The mobile home park shall be preserved as a means of providing a variety of housing uses within the City." Mr. Don Porter of the Newport Beach Chamber of Commerce, submitted to the Commission copies of the letter from the Marine Division, which asked . to consider Marinapark, not as o.pen space, but leave the. options open for all uses in the future. Commissioner Thomas stated that at the LCP hearing there was conversation that Marinapark would be the natural place for a public boat yard. Mr. Porter stated that this may be a possiblity, but that designating it as open space may lock it in too tightly. He added that they would like to see the options left open for consideration of other uses. Commissioner Allen stated that mobile home.use may not be a long term answer to the housing problem, but that this area of the Peninsula is currently so impacted with traffic and beach use that it may not be in the best public interest to recom- mend phasing this facility out and replacing it with a higher intensity use. -12- COMMISSIONERS September 4, 1980 - 2:00 p.m. 5, y City of Newport Beach MINUTES INDEX Commissioner Thomas expressed his concerns with regard to the present,access. He stated that a bicycle rider can barely get through the poles and that the.path is practically in the resident' front yards. He also stated that there is no through access at the other end. He suggested that the signs be taken down, the fence be placed on the other side of the sidewalk to provide the residents with some security, and to cut the trai through to the parkingg lot of the' American Legion Hall. He added that 6y collecting fees for the* fund we have set up, the.units would be allowed. to.stay as .a viable use. Chairman Haidinger asked Commissioner Thomas for clarification. Commissioner Thomas stated that he is attempting to improve public access in the area and allowing the units to stay. He stated that by doing as he suggested, the sidewalk would become a through access between the American • Legion and 19th Street. He also stated that the fair market fees would be utilized in the Park. Mr. Bergon stated that the posts have been placed at these locations to keep motor vehicles out, but that bicycles can get through. Mr. Lenard stated that there may be security pro- blems with cutting the trail through the American Legion lot, because this is a dry boat storage area with a boat launching facility. Commissioner Thomas stated that he is attempting to increase the public use along the easement and at the same time keep the units in tact. Mr. Bergon stated that it would be possible to make bicycle access easier. He added that the Bicycle Trails Association expressed that they were not interested in this segment for part of the bicycl trails system. Commissioner Thomas suggested that possibly the wording, "free and clear public access . in the most direct route possible along the bayside" may resolve this problem. -13- ROLL CALL Motion Ayes Abstain Moon Ayes Noes Abstain • )MMISSIONNERS September 4, 1980 - 2:00 p.m. MINUTES 51 R w City of N t Beach INDEX X Motion was made to delete the wording of the last X X Z X Y sentence and revise the wording of the area de- X scription of Marinapark on P.age 44, draft Local Coastal Plan as follows: Marinapark consists of the City - owned property on Newport Bay between 15th Street and 19th Street and is designated as "Recreational and Environmental. Open Space." The existing uses include a large public beach and boat launching area, buildings used by the Girl Scouts Voluntary Action Center and American Legio ; public tennis courts, and a mobile home park. Proposed for this area is the addition of a rest - room facility. The City shall provide free a-nd clear public access in the most direct route alon the bayside, dedicate the fair market rental to acquisition of other property and establish a signing program informing the public of the avail- able uses, which MOTION CARRIED. X Motion to redesignate the land use to a specific mobile home park designation to preserve the mobile home uses in the areas only where there are currently mobile homes. Commissioner Thomas stated that the mobile home park designation would not be spot zoning because the clear public purpose of the housing element is to provide a diversity of housing stock. Commissioner Balalis stated that in designating this area now, it would clearly eliminate any options.the City may have available in the future Commissioner Allen concurred and stated that the mobile home issue should be handled separately. X Motion by Commissioner Thomas was then voted on, X W X which MOTION FAILED. X * * * BALB BALBOA BAY CLUB BAY CLUB Mr. Tom O'Keefe, Secretary of the Balboa Bay Club, .appeared before the Commission. Mr. O'Keef stated that the Balboa Bay Club is a valuable '= COMMISSIONERS September 4, 1980 - 2:00 p.m. 6 6 0 �W MINUTES City asset and produces a substantial amount of revenue for the City. He stated that the proposed designations of Recreational and Marine Commercial. creates a potential problem because it delegates many of the committed uses of the Club to a second priority. He stated that this could im- pair the ability to continue the financing of the property or impair further utilization of the site. He suggested that an alternative would be to revise the wording of the Recreational and Marine Commercial designation to include yacht clubs as a first priority on waterfront building sites. Other alternatives would be to reinstate the visitor serving commercial definition which has been deleted in the draft LCP, as this is what the site is mainly used for, or to designate the site.for Retail and, Service•.Commercial, in which'hotels,,motels, restaurants, and commercial recreation would be all included. INDEX. • Mr. O'Keefe also stated that.with regard to the racket club, they would like to revise the wording under the Recreational and Environmental Open Space designation to include tennis clubs. He stated that this is part of the Coastal Zone. Mr. Lenard stated that yacht clubs were formerly one of the primary permitted.uses, but at the last . LCP Advisory Committee meeting, it was moved fro a first priority item to a second priority. item. Commissioner Thomas stated that possibly yacht clubs were considered to be a secondary use.becaL a yacht club is generally considered a private club, whereas Recreational and Marine Commericial are publicly accessible because of the nature of the commercial enterprise. He also added that tennis clubs, which * *are paved surfaces, can not be considered envirnmental open space. Motion X Motion was made to revise the wording of the Ayes X X X X X "Recreational and Marine Commercial Designation" Abstain K X to include ".yacht clubs" as a first priority use on waterfront building sites; Page 39 of the draft Local Coastal Plan, which MOTION CARRIED. -15- CUMM15510NLK5 September 4, 1980 - 2:00 p.m. MINUTES; �iG �D ' w w City of Newport Beach ROLL CALL INDEX In response to a question by.Commissioner Allen, Mr. Lenard stated that with regard to Recreational and Environmental Open Space designation, the LCP Committee and the staff took the position that the integrity of the existing general plan, be maintained with the same definitions wherever possible. In this particular case, this is the definition as used in the general. He also state that there is a zoning designation of open space which includes tennis clubs. Chairman Haidinger stated that.by including tennis courts under the Recreational and Environmental Open Space designation would be inconsistent with the General Plan. Mr. O'Keefe expressed his concern if the tennis club were to.be destroyed and how the building codes would affect its rebuilding. He stated that the Recreational and Environmental Open Space • designation is where tennis clubs would apply. Motion X Motion was made to leave the wording as it is Ayes X X Z. X X for Recreational and Environmental Open Space as Abstain proposed in the draft Local Coastal Plan, which MOTION CARRIED. Commissioner Allen stated that she was in support ADDITIONAL of the idea as presented by the Positive Action BUSINESS Team that the LCP include a preamble containing the City's history in terms of its visitor serving character. Motion X Motion was made to approve excused absences as All Ayes X X XX X X X follows: Commissioner Allen to be excused from the 7:30 p.m. September 4, 1980 meeting and the September 18, 1980 meeting; Commissioner Mc- Laughlin to be excused from the September 18, 198 meeting; and, Commissioner Cokas to be excused from the September 18,1980 meeting, which MOTION CARRIED. At 5:10 p.m. the Commission voted to adjourn the All Ayes X X X X X 1 meeting to the 7:30 p.m. Planning Commission meeting, which MOTION CARRIED. -16-