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HomeMy WebLinkAbout09/09/1982UvuJJM V[RJ REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers 7c TIME: 7:30 p.m. m m DATE: September 9, 1982 City of Newport Beach S a p m XIx All Present. * * r EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney * * x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary r x APPROVAL OF THE MINUTES Minutes of August 19, 1982 Motion X Motion was made to approve the Minutes of the Planning All Ayes X X X X X X Commission Meeting of August 19, 1982, as written, which MOTION CARRIED. - x * � Continuances Staff recommended that Item No. 1 - Use Permit No. 2091, be continued to the Planning Commission Meeting of September 23, 1982, so that the applicant has additional time to revise the plans, as requested by staff. Motion X Motion was made for approval of the above recommended All Ayes X K X X X X X continuance, which MOTION CARRIED. � lillllll *,�, -1- MINUTES INDEX MINUTES September 9, 1982 Motion I I XI I I X X X X X All Ayes Staff recommended that this item be continued to the Planning Commission Meeting of September 23, 1982, so that the applicant has additional time to revise the plans, as. requested by staff. Motion was made for approval of the above recommended continuance, which MOTION CARRIED. R * R -2- � r c m � m m m City of Newport Beach R-OLL CALL INDEX Request to construct a two story office building that Item #1 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 document. USE PERMIT NNE 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 Continued Area, to Septem- ber 23, 1982 ZONE: C -1 • APPLICANT: Riverside West, Ltd., Newport Beach OWNER: - The Estate of Barbara Joan Clark Motion I I XI I I X X X X X All Ayes Staff recommended that this item be continued to the Planning Commission Meeting of September 23, 1982, so that the applicant has additional time to revise the plans, as. requested by staff. Motion was made for approval of the above recommended continuance, which MOTION CARRIED. R * R -2- Request to establish a Development Agreement between the City of Newport Beach and Park Lido, Ltd. The City of Newport Beach has requested and Park Lido, Ltd. has agreed to advance (50) fifty percent of the cost of the installation of a traffic signal at the intersection of Hospital Road and Placentia Avenue in consideration of. the City providing Park Lido, Ltd., with continuance of their right to develop the property in accordance with the approved Traffic Study and the acceptance of an environmental document. A modification in the City's Parking Standards is also requested to permit compact car parking on the site to be further approved by the City Traffic Engineer. LOCATION: A portion of Lot 169, Block 2 of Irvine's Subdivision, located at 351 Hospital Road on the northeasterly corner of Hospital Road and Placentia . Avenue, opposite Hoag Memorial Hospital. ZONE: A -P APPLICANT: The City of Newport Beach and Park Lido, Ltd., Robert Wish, General Partner, Santa Ana OWNER: Park Lido, Ltd., Robert Wish, General Partner, Santa Ana The public hearing opened in connection with this item and Mr. Dennis O'Neil, representing the applicant, appeared before the Commission, and requested approval of the proposed Development Agreement. Mr. O'Neil stated that they are agreeable to the changes which have been recommended by Mr. Burnham. Mr. Bob Burnham, Assistant City Attorney, referred to his memo dated September 9, 1982, and suggested that the following paragraphs of the Development Agreement be modified: • -3- MINUTES INDEX Item #2 DEVELOPMENT AGREEMENT N0. 1 APPROVED CONDI- TIONALLY September 9, 1982 � r c C S . 6 m m m it y p m City of Newport Beach Request to establish a Development Agreement between the City of Newport Beach and Park Lido, Ltd. The City of Newport Beach has requested and Park Lido, Ltd. has agreed to advance (50) fifty percent of the cost of the installation of a traffic signal at the intersection of Hospital Road and Placentia Avenue in consideration of. the City providing Park Lido, Ltd., with continuance of their right to develop the property in accordance with the approved Traffic Study and the acceptance of an environmental document. A modification in the City's Parking Standards is also requested to permit compact car parking on the site to be further approved by the City Traffic Engineer. LOCATION: A portion of Lot 169, Block 2 of Irvine's Subdivision, located at 351 Hospital Road on the northeasterly corner of Hospital Road and Placentia . Avenue, opposite Hoag Memorial Hospital. ZONE: A -P APPLICANT: The City of Newport Beach and Park Lido, Ltd., Robert Wish, General Partner, Santa Ana OWNER: Park Lido, Ltd., Robert Wish, General Partner, Santa Ana The public hearing opened in connection with this item and Mr. Dennis O'Neil, representing the applicant, appeared before the Commission, and requested approval of the proposed Development Agreement. Mr. O'Neil stated that they are agreeable to the changes which have been recommended by Mr. Burnham. Mr. Bob Burnham, Assistant City Attorney, referred to his memo dated September 9, 1982, and suggested that the following paragraphs of the Development Agreement be modified: • -3- MINUTES INDEX Item #2 DEVELOPMENT AGREEMENT N0. 1 APPROVED CONDI- TIONALLY MINUTES September 9, 1982 3 � � r c m � m m City of Newport Beach c a n o m INDEX The last sentence of Paragraph 2 of the Development Agreement should be amended to read as follows: "The project shall be constructed in substantial conformance to the plans and drawings attached hereto as Exhibits A -1, A -2, A -3 and A -4 and,, further, shall also comply with the commitments made by Park Lido as set forth in paragraph 4 of this Agreement and Exhibit B to this Agreement." Paragraph 4 of the Development Agreement should be modified to read as follows: "Park Lido Commitments. In consideration of the commitment of the City to enter into this Agreement Park Lido agrees to do the following: (a) Park Lido will comply with all of the conditions to development set forth in • Exhibit B to this Agreement; and (b) Park Lido further agrees to pay to the City, at least thirty (30) days prior to the award of the contract for installation of the signal at Hospital Road and Placentia Avenue, the sum of $40,000 which sum represents the commitment of Park Lido to pay to the City one -half of all costs and expenses associated with the installation of the traffic signal. In the event that the costs incurred by the City in the installation of this traffic signal are less than $80,000 the City will reimburse Park Lido such that the contribution of Park Lido to the installation of the traffic signal is equal to one -half of the costs incurred by the City in conjunction with the installation." Mr. Burnham stated that the conditions set forth in Exhibit "B" to the Development Agreement are similar to the conditions imposed upon the project by the Planning Commission and City Council when the project was first under consideration. He stated that a condition was • eliminated that required the property owner to prepare -4- C VMNUSSKJIVtIi5 MINUTES .September 9, 1982 m City of Newport Beach m CALL INDEX and record a restrictive covenant imposing a permanent limitation on the gross floor area of any structure built on the property. He stated that such a condition is inconsistent with the enabling legislation which authorizes the City to enter into development agreements, and is unnecessary in light of the terms of. the Development Agreement which imposes a floor area limitation on the structures to be built by Park Lido. In summary, Mr. Burnham stated that the Development Agreement obligates the developer to advance monies for a traffic signal at Placentia and Hospital Road, and commits the developer to construct the medical office building in a manner which meets the concerns previously expressed by members of the Commission. Mr. Hewicker stated that after discussing this Development Agreement with the Planning Commission members, the following changes were recommended: • Page 3 of the Development Agreement, Paragraph 2, delete the sentence relating to the existing height limit of the two -story medical office building, and add the following sentence: "The two -story medical office building shall not exceed the basic height limit of 32 feet permitted in the zoning district." Page 4 of the Development Agreement, Paragraph 8, correct the typographical error to reflect the proper spelling of "periodic ". Page 5 of the Development Agreement, Paragraph 13, fourth line, after the word "unenforceable, the wording "by a court of law" should be inserted. He stated that Paragraph 13 would now read as follows: "13. Severability. If any terms, provisions, conditions, or covenant of this agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable by a court of law, the remainder of this instrument shall not be affected thereby. . ". • 11111111 -5- 0 • .September 9, 1982 f � S m m m City of Newport Beach Planning Director Hewicker referred to Exhibit "B", Conditions No. 12 and 35, and stated that these conditions should only refer to the Orange County Sanitation District, not the number of the District. Planning Director Hewicker referred to Exhibit "B ", Condition No. 49 and stated that inasmuch as .the parking structure is proposed as a two -level subterranean parking structure, he suggested that the condition relating to glare off of cars be eliminated. Commissioner Kurlander stated that there may be cars utilizing the surface parking which contribute to the glare. Planning Director Hewicker suggested that the wording "in the structure" be eliminated, to satisfy this concern. He stated that it may be extremely difficult to screen those cars parked on the surface parking from adjacent second story windows. Commissioner Kurlander then recommended that the entire Condition No. 49 be deleted. Chairman King stated that the perimeter of the lot will be landscaped anyway. Commissioner Balalis suggested that the Development Agreement be for a period of three years, rather than four years. He stated that he can understand the need for the Development Agreement for both the City and the developer, but he stated that four years is a too long of time. Commissioner Kurlander concurred. Commissioner McLaughlin stated that if the Development Agreement is within the best interest of the City, then perhaps the time period should not be reduced. Commissioner Balalis stated that most of the discretionary permits which the City issues are valid for a period of two years, which in the past has been considered adequate time for the developer. However, he stated that since the City is asking the developer for funds in advance, this is a consideration to give the developer the additional time, rather than just the required two years. Again, he stated that a four year period is a too long of time. Mr. O'Neil stated that a four year period of time is reasonable, but that they would not object to a three year period of time. ME MINUTES INDEX Cl Motion All Ayes � r c c a Q m D September 9, 1982 of Newport Beach Ms. Suzanne McBride, 1812 Antigua Circle, stated that approval of this Development Agreement will create a great hardship on the many property owners and residents of the area. She stated that they need more time for adequate preparation concerning the issues. She stated that the developers have worked on these. plans for many months, yet the concerned property owners and residents have not been given sufficient time to prepare their arguments and obtain expert advise. Chairman King stated that the project itself has been approved by both the Planning Commission and the City Council. He asked Ms. McBride if the information which she would bring back, would change the decision. Ms. McBride stated that they have additional information which has not been considered in the project. Chairman King reiterated that the project itself has already been approved. Chairman King stated that Ms. McBride has been involved with this project throughout its entire procedure, and has taken many opportunities to express her concerns. Ms. McBride stated that the developer withdrew his plans, at the very meeting in which their expert was ready to discuss the project., Mr. Burnham informed Ms. McBride that the proposed Development Agreement will be brought before the City Council for their final action. Mr. Burnham stated that the proposed Parking Plan entitled "P -1" should be included as Exhibit "A -4" in the Development Agreement. Motion was made to approve Development Agreement No. 1, X X X of which Exhibit "B" is a part thereof, in accordance with the recommendations as discussed and noted above by the Assistant City Attorney and the Planning Department staff, including the term of the agreement to be for a period of three years and that Condition No. 49 of Exhibit "B" be deleted, which MOTION CARRIED. -7- MINUTES INDEX � � c m � m c n n m D CALL September 9, 1982 of Newport Beach MINUTES INDEX Request to amend a previously approved use permit Item #3 establishing a restaurant facility with on -sale alcoholic beverages (i.e. Baxter's) so as to allow interior alterations to the existing restaurant that includes the expansion of the "net public area ", and the addition of a dance floor with a disc jockey booth. LOCATION: Parcel No. 3 of Parcel Map 108 -27 USE PERMIT ( Resubdivision No. 557), located at 5180 NO. 1896 Birch Street, on the southwesterly ENDE corner of Birch Street and Jamboree Road, in the Koll Center Planned _ Community. ZONE: P =C APPLICANT: Thirtieth Street Architects, Inc., APPROVED Newport Beach CONDI OWNER: Far West Services, Inc., Irvine TIONALLY • The public hearing opened in connection with this item and Mr. John Loomis, architect, representing the applicant, appeared before the Commission, and requested approval of this application. Mr. Loomis stated that there will be no change in the intensity or use during the daytime hours of operation. Planning Director Hewicker referred to the letter of opposition received from John S. Adams and Associates, dated August 30, 1982. Planning Director Hewicker stated that Mr. Adams has been meeting with representatives of Far west Services and an agreement has been reached, and is hereby withdrawing his letter of objection. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that as a condition of the resubdivision, there is a recorded document which provides for common access to each of the adjoining streets and parking areas for each of the four parcels. Planning Director Hewicker stated that the posts and the chain is located on the common property line between Far West Services and the property of John Adams and Associates. He stated that . the agreement for asphalting and maintaining the parking spaces is a private agreement between the individual property owners. am MINUTES September 9, 1982 e S m m y City of Newport Beach - m INDEX Motion Motion was made for approval of Use Permit No. 1896 All Ayes X % X X X X (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 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. In addition, sufficient parking is available on • adjoining properties through recorded reciprocal access and parking agreements. 5. That the establishment of a dance floor and disc jockey booth will be compatible with the existing restaurant facility. 6. The approval of Use Permit No. 1896 (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 development shall be in substantial conformance with the approved plot plan an floor plan. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from Jamboree Road and Birch Street. - • I I I I I I I -9- � r c 'a m x C m D • �J September 9, 1982 of Newport Beach 3. That all signs shall conform to the provision of the Koll Center Newport development standards. 4. That one parking space for each 47 sq.ft. of "net public area" shall be provided for the expanded restaurant facility. 5. That a Cafe Dance permit be approved by the City. 6. That noise from the proposed entertainment shall be confined to the interior of the structure. 7. That the proposed dance floor shall not be used for dining purposes at any time. 8. That no dining activities shall be permitted after 10:00 p.m. and all dancing shall not begin before 9:30 p.m. • � r Request to amend a previously approved use permit which allowed Hughes Aircraft Company to construct a 110,000 sq. ft. office building addition and a new parking structure which exceeded the basic height limit in the 32/50 Foot Height Limitation District. Said approval also included the use of roof -top parking and the use of compact car spaces. The proposed amendment is to allow the construction of additional office floor area within the approved building footprint, the construction of a new security guard station, and the acceptance of an environmental document. LOCATION: A portion of Lot 169, Block 2, Irvine's Subdivision, located at 500 Superior Avenue between Dana Road and Industrial Way, adjacent to the West Newport Triangle. ZONE: M -1 -A -10- MINUTES INDEX Item #4 USE PERMIT NO. 1994 AMENDED APPROVED CONDI- TII ELY MINUTES September 9, 1982 �m to m m w City of Newport Beach INDEX APPLICANT: Hughes,Aircraft Company, Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item. and Ms. Diane Audretsch, of The Elliott Group, representing the applicant, appeared before the Commission and requested approval of this amended application. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the verbatim transcript excerpt of the previous Planning Commission Meeting Minutes on July 9, 1981, indicate that the intent of the Commission was, that any new construction in the area between the proposed addition and Superior Avenue in excess of 1,000 square feet, will require the approval of the Planning Commission. • Planning Director Hewicker stated that the amended request before the Commission does not involve any new construction between the new building and Superior Avenue in excess of 1,000 or 10,000 square feet. He stated that the applicant is now proposing to amend the use permit so as to regain the office floor area lost as a result of reducing the gross floor area of the building. He stated that these square footage figures have been corrected and the applicant is now proposing to construct a new 200 square foot security guard station, between the new building and the parking structure. Commissioner Balalis explained the intent of his previous motion for .approval at the July 9, 1.981 Planning Commission Meeting. He then stated that he recommends approval of the request to construct a security guard station. Commissioner Kurlander asked if the footprint of the building has been changed. Commissioner Balalis stated that the footprint of the building has not been changed. • -11- CALL Motion All Ayes • • � x r c m � m c a m D September 9, 1982 of Newport Beach Planning 'Director Hewicker stated that the Traffic Study which was conducted for this particular development was not based upon the square footage, but was based on manpower requirements. He stated that Hughes Aircraft provides the City with semi - annual figures for the total head count and first shift. He, stated that in each case, their figures are below. the projected manpower requirements. Commissioner Balalis stated that the project before the Commission, is the same project which was approved in July of 1981. Commissioner Goff suggested that a condition of the approval should reflect the 1,000 square foot figure. X X X Ix Motion was made to approve Use Permit No. 1994 (Amended), subject to the following findings and conditions, including an additional condition which reflects the 1,000 square foot figure, which MOTION CARRIED: FINDINCSe 1. That the proposed additional office floor area will not increase the previously approved traffic figures inasmuch as the five year manpower forecast (used for the traffic projection) will not increase. 2. That based on the information contained in the Negative Declaration, the project, as previously approved, incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the additional floor area will not result in significant environmental impacts.. 3. That the establishment, maintenance or operation of the use of the property or building will not, 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 or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -12- MINUTES INDEX 0 x r � m Qxc�m a September 9, 1952 z CONDITIONS: 2=1 1. That development shall be in substantial conformance with amended plot plan, floor plans, and elevations. 2. That all previous conditions of approval for Use Permit No. 1994 shall be fulfilled. 3. That.any new construction in the area between the proposed addition and Superior Avenue in excess of 1,000 square feet, will require the approval of the Planning Commission. ,r x MINUTES INDEX Request to permit the temporary use of a prefabricated Item #5 • structure for bank facilities located in the Koll Center Newport Planned Community. LOCATION: Lot 3 of Tract No. 7953, located at 5000 Birch Street, on the southwesterly side of Birch Street, opposite Teller Avenue, in the Koll Center Newport Planned USE PERMIT. Community. N0. 2096 ZONE: P -C APPLICANT: Metrobank, Los Angeles OWNER: Aetna Life Insurance Co., Newport Beach The public hearing opened in connection with this item and Mr. Tom Mikely, representing the applicant, appeared before the Commission and requested approval of this application. Planning Director Hewicker suggested the following revisions to the conditions of approval of Exhibit "A ": 2. At such time as the applicant's use of the • temporary building ceases, the building shall be removed from the site, and the property shall be restored to a parking lot. -13- APPROVED CONDI- TIONALLY MINUTES .September 9, 1982 r m � to m 2 City of Newport Beach 3. Said building shall not be sold or leased on the property in question to a tenant other than the applicant. 7. That this use permit shall be granted for a period of 18 months, and any extension shall, be approved by the Modifications Committee. Mr. Mikely stated that the proposed revisions would be acceptable. He stated that the permanent bank facility should be completed by December of 1983. Motion 111III Motion was made to approve Use Permit No. 2096, subject All Ayes X X X X X to the following findings and conditions, including the revised conditions as suggested by staff, 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. 3. Adequate parking is provided on -site in conjunction with the proposed development. 4. The approval of Use Permit No. 2096 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the plot plan, floor. plan, and elevation submitted. -14- INDEX MINUTES September 9, 1982 n x � r c A y � City of Newport Beach C s a o m INDEX 2. At such time as the applicant's use of the temporary building ceases, the building shall be removed from the site, and the property shall be restored to a parking lot. 3. Said building shall not be sold or leased on. the property in question to a tenant other than the applicant. 4. That all improvements be constructed as required by ordinance and the Public Works Department. 5. That the on -site pedestrian and vehicular circulation systems be subject to further review by the Public Works Department. 6. That the proposed monument sign to be constructed within the 19 foot wide bicycle and pedestrian • easement along Birch Street be constructed under an Encroachment Permit issued by the Public Works Department. 7. That this use permit shall be granted for a period of 18 months, and any extension shall be approved by the Modifications Committee. Item #6 Request to permit the construction of new exterior seating areas in conjunction with an existing Marie Callender's Restaurant facility, and to waive a portion of the required off - street parking spaces.. USE PERMIT NO, 2098 LOCATION: Parcel No. 2 of Parcel Map 53 -13 (Resubdivision No. 395) located at 4200 Scott Drive, on the northeasterly corner of Scott Drive and Dove Street, in the - DENIED Newport Place Planned Community. ZONE: P -C • I I I I I I I 1 -15- • September 9, 1982 � r c m � � w City of Newport Beach 7om� APPLICANT. Thirtieth Street Architects, Inc., Newport Beach OWNER: Project Coordinators, Santa Ana The public hearing opened in connection with this item and Mr. John Loomis, architect, representing the applicant, appeared before the Commission. Mr. Loomis submitted a petition for approval of the outdoor seating area, which included signatures of adjacent neighbors in Newport Place. Mr. Loomis stated that the proposed use is only three parking spaces deficient and requested that the parking standards be revised to reflect one parking space for each 41 square feet of "net public area ". He stated that 12 percent of the typical lunch trade are walk -ins from the adjacent uses. He further stated that Marie Callender Restaurants have loose seating arrangements with large aisles. He stated that the possible seating capacity of the restaurant could accommodate 286 people, however, he stated that the restaurant only currently seats 212 people. He stated that this justifies the slight increase in the one parking space for each 41 square feet of "net public area ". Mr. Loomis stated that the applicant would be willing to reduce the proposed exterior seating area to 686 square feet of exterior public area, which would compensate for the three deficient parking spaces. Mr. Loomis stated that they are not increasing the intensity of the use. He stated that the proposed outdoor area will be serving coffee and croissants in the morning, and will pick -up the overflow of the restaurant patrons during the lunch. hours. He stated that the parking lot is virtually empty until 11:00 a.m. He further stated that the parking lot begins to clear out by 2:00 p.m., leaving an adequate number of parking spaces. In response to a question posed by Chairman King, Mr. Loomis stated that a "build to suit" office building may be constructed in the future, adjacent to Marie Callender's Restaurant. -16- MINUTES INDEX MVXI�OKJNt" MINUTES September 9, 1982 � x � r c m ^ p] City o Np ort Beach INDEX Chairman King expressed his concern with the existing intensity of development within the area. Mr. Loomis stated that the calculations within the staff report, include an allowance of 25 parking spaces allocated for the office development. Commissioner Kurlander stated that when he has visited the restaurant, he has always observed a very congested parking lot, even after the peak lunch hours. Commissioner McLaughlin concurred. Motion I X1 X I IX IX I Motion was made for denial of Use Permit No. 2098, All Ayes. X X X subject to the following findings, which MOTION CARRIED: FINDINGS 1. That the proposed restaurant expansion on the • subject property represents an intensification of the existing restaurant use. 2. That said restaurant will require a greater amount of parking and generate more traffic than the present restaurant operation. �J 3. That inadequate parking facilities are available for the restaurant use as it presently exists and as proposed although current parking code requirements are met. 4. 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. -17- X � r c m � m c s n A G) m D September 9, 1982 of Newport Beach MINUTES INDEX Request to permit the establishment of a take -out Iftem #7 Haagen -Dazs ice -cream shop in the C -1 District, and to waive all but one of the required off - street parking spaces in conjunction with said use. LOCATION: Lot 15, Block A, Section 4, Balboa Island, located at 332 -A Marine Avenue, USE PERMIT on the easterly side of Marine Avenue, W 2 999 — on Balboa Island. ZONE: C -1 APPLICANTS: Stephen M. and Lynn G. Curtis, Balboa Island OWNERS: Same as applicants • The public hearing opened in connection with this item and Mr. Ed Siebel, attorney, representing the applicants, appeared before the Commission.. Mr. Siebel stated that they have met with the various community associations to discuss the concerns of the Balboa Island residents. He stated that these concerns related to parking and trash problems. He stated that the applicants will be making a substantial investment for the Haagen -Dazs operation and discussed the high standards which are associated with a Haagen -Dazs franchise. He stated that the proposed operation will be a positive, quality store on Balboa Island. • Mr. Siebel stated that the delivery trucks will be parking across the street in a commercial zone. He also stated that the ice -cream drums will be recycled by Haagen -Dazs, rather than.discarded. Mr. Siebel requested that the approval be for a period of two years, with a review at the end of one year. He stated that because of the substantial investment and commitment by the applicant, two years would be more appropriate. Planning Director Hewicker stated that a one year approval would be subject to approval of the Modifications Committee for any extension. -18- Continued to Septem- ber 23, 1982 MINUTES September 9, 1982 m y City of Newport Beach INDEX Commissioner Goff asked Mr. Siebel how the waste and trash along Marine Avenue will be controlled by the applicant. Mr. Siebel stated that the applicant will be sweeping and washing the sidewalk daily. Commissioner Goff stated that some of the Haagen -Dazs. trash may be discarded further down the street by patrons of the ice -cream shop. Mr. Siebel stated that this is a problem on Balboa Island and is being addressed by the various business and community associations on the Island. He stated that they are willing to work a solution out with the business and community associations on the Island. Commissioner Goff asked how many trash receptacles are located on Marine Avenue. Chairman King stated that the trash receptacles are located 50 to 70 feet apart on Marine Avenue. He stated that they may need to be emptied more frequently. • Commissioner Goff asked how the parking problem in the adjacent alley can be minimized. Mr. Siebel stated that the delivery trucks will be utilizing the commercial zone across the street. He stated that the alley will be adequately marked and supervised by the applicant to keep the alley clear. Commissioner Kurlander asked if the applicant would be agreeable in eliminating the service of the light breakfast. Mr. Siebel stated that the applicant is desirous of offering a light breakfast consisting of croissants and coffee to the residents of Balboa Island. Commissioner Kurlander expressed his concern that the Commission recently denied, the expansion of a small restaurant in the same general area. He stated that the lack of parking is a problem in the area and the applicant may have to make a compromise. Chairman King stated that the concern is not with the breakfast service, but the concern is the elimination of the seating arrangement with the take -out food restaurant. Mr. Siebel stated that the incidental seating arrangement was provided at the specific request of the business association. He stated that -19- MINUTES � r c m ^ m c a; n m D .September 9, 1982 of Newport Beach INDEX this was suggested to create a pedestrian destination restaurant for the residents of Balboa Island. Also, this was.suggested by the business association to keep as much of the consumption of the food on the premises, as .possible. He stated that the applicant would be agreeable in converting the booths to a linear bench. He stated that the applicant can also try to generate data from other Haagen -Dazs stores which have booths versus benches and what the traffic differential would be. Ms_ Betty Feling, resident of 309 Grand Canal, appeared before the Commission in opposition to the proposed request. Ms. Feling stated that the proposed use will be detrimental to the surrounding residential area. She stated that the two -way alley is. already heavily congested with traffic from the .residential uses and the delivery trucks to the Marine Avenue businesses. She stated that there is no space in the alley to store or clean the trash containers. She stated that the service of a light breakfast at 7:00 a:m. will increase: the traffic and noise which will disturb the surrounding residences.. She stated that the dropped ice cream on Marine Avenue will end up being drained directly into the Grand Canal. Ms. Mary. Kramer, resident of 1403 North Bay Front, stated that the alley is already so congested that it is difficult for residents to get their cars in and.out of their garages. She asked where the employees of the store will be parking. She also stated that the requested hours of operation, from 7:00 a.m. to midnight, are too long. Ms. Barbara Dixon, resident of 1407 .North Bay Front, stated that she concurs with staff's recommendation for denial. She stated that this proposal will add to.the already existing parking problems in the area. She stated that in talking to the applicant, Mrs. Curtis, she stated that they can not survive only on the walk -in trade. Ms. Dixon stated that. the proposed request will create a detriment to the surrounding • residential neighborhood. -20 -. MINUTES I September 9, 1982 n 7 m a a 5 1 City of Newport Beach ►I Ms. Elsa 'Sauter, property owner of 321 Marine Avenue, and board member of the Balboa Island Business Association, appeared before the Commission. Ms. Sauter stated that they did not realize that the proposed request would be open at 7:00 a.m. She stated that there is a problem with the trash and waste. discarded on Marine Avenue sidewalks. She stated that use permit approvals must be very restrictive which encompasses not only the property owner, but the property itself. Mr. Bill Sauter, property owner of 321 Marine Avenue, and member of the Balboa Island Improvement Association, appeared before the Commission. Mr. Sauter stated that they were not aware that the business would be open at 7:00 a.m. serving breakfast. He stated that they had recommended its approval on the basis that it would only be serving Haagen -Dazs ice -cream products. Commissioner Kurlander asked Mr. Sauter if he would have any objections if this operation were to only sell ice -cream from the hours of 11:00 a.m. to 11:00 p.m. Mr. Sauter stated that he would still be concerned with the volume of trash which an operation of this nature could produce. Mr. Sauter also stated that the alley is very narrow and will not accommodate the necessary trash dumpsters. Mrs. Lynn Curtis, the applicant, described the nature and the products of a Haagen -Dazs ice -cream shop. She stated that there is a daily trash pick -up for this location which is six days a week, except for Sunday. She stated that they will be responsible for the trash being picked -up on a daily. basis. She stated that it is important to keep the area clean because she resides on the second story of the building. Commissioner Balalis asked Mrs. Curtis if they have the means of providing an on -site trash pick -up area and service, other than the trash pick -up which is provided on the street by the City. Mrs. Curtis stated that they can provide an area for their trash containers. • I I I I I I -21- • is MINUTES September 9, 1982 � x m. p7 m m m City of Newport Beach c s a o m In response to a question posed by Commissioner Balalis, Mrs. Curtis stated that they have obtained a franchise from Haagen- Dazs.. She stated that they are desirous of creating a quality ice -cream shop which will service the residents of Balboa Island. She stated that the light breakfast idea was suggested,. because they thought that the residents of Balboa Island would use the service. She stated that the hours of 7:00 a.m.. through 12:01 a.m. were requested, in order to facilitate the light breakfast request and the normal operation hours. She stated that they would insist that all of their deliveries utilize the parking area across the street. In response to a question posed by Chairman King, Mrs. Curtis stated that the baked goods will not be delivered, but will be handled on a pick -up basis. She stated that the Haagen -Dazs products will be delivered on a weekly basis. She stated that Balboa Island has a generic parking problem and every business on the Island contributes to the problem. She stated that it is their intent to upgrade Balboa Island and operate a quality business. Commissioner Allen stated that if the booths were not installed in the premises, there may be more space to accommodate a trash area in the back of the building. Mrs. Curtis stated that an area can be arranged to handle the trash containers with a back door access. She stated that this is the area designated as carport on the plans. Mrs. Curtis stated that when they initially drew up the plans, they had no intention of providing incidental seating. She stated that the Balboa Island Business Association suggested the incidental seating to control some of the trash problems on Marine Avenue. She stated that they then incorporated this into their plans and thought that the seating would be a benefit to the residents of the Island. Chairman King asked Mrs., Curtis if they would be willing to contract for a private trash pick -up which would be more frequent. He stated that other businesses and offenders on the Island may be willing -22- INDEX • MINUTES September 9, 1982 n x � r c m m m m 0 w City of Newport Beach INDEX to join in with a private trash pick -up service. He stated that this may clean up the whole problem. Mrs. Curtis stated that first she would like to assess the trash problem, before she commits herself to a private trash pick -up. She stated that if it were to be a problem she would be willing to commit herself to such. a condition. Chairman King stated that most of the other Haagen -Dazs shops do not have an internal trash problem, but the problem stems from the ice - cream, cups and napkins which leaves the premise and ends up down the street. Mrs. Curtis stated that they would be willing to work out that problem also. Commissioner Balalis stated that the applicant should not necessarily be the one who determines if there is a trash problem. Mrs. Curtis stated that after the business is in operation, they can better assess the trash issue. Chairman King suggested that this item be continued for two weeks, so that the applicant can generate information relating to the trash problem and how the applicant would be handling their trash problems. Commissioner Kurlander stated that a continuance is a good idea. He stated that this would give the applicant time to resubmit their proposal to the associations on Balboa Island and inform them of the full proposed operation. Chairman King stated that this would also give the applicant time to meet with the residents of the area to discuss these concerns. Mrs. Curtis stated that they would be willing to agree with the private trash pick -up and eliminate the light breakfast proposal. Chairman King stated that he would be interested in knowing the total volume of trash which may be generated by this operation, the parking problems, and the storage of trash containers on the premises. He stated that the applicant could address how they intend on dealing with these issues at the next meeting. He • further suggested that the applicant obtain clear statements from the various associations on Balboa -23- MINUTES September 9, 1982 � m m m City of Newport Beach n o m CALL INDEX Island, as to their recommendation of the proposed operation. Mrs. Curtis stated that they would be agreeable to a continuance on this item. Ms. Dixon stated that the Commission should be. addressing the parking problems on Balboa Island. She stated that this use permit is asking for the waiver of all but one of the required off - street parking spaces. She further expressed her concern that the alley behind the proposed use is always blocked. She urged denial of the proposed request. Commissioner Goff stated that he would be interested in knowing the hours of the trash pick -up service, from the standpoint of not disturbing the surrounding residents. He stated that a trash pick -up at 6:00 a.m. in the morning is not appropriate. Mrs. Curtis stated • that if they are required to contract with a trash pick -up service, they will be able to specify the desired hours of pick -up. Motion I I I IXI I Motion was made to continue this item to September 23, 1982, so that the applicant can generate the requested information. Chairman King suggested that perhaps the applicant and the staff could pursue the idea of an off -site parking agreement for the proposed use. Commissioner Kurlander stated that if the alley were only one -way, it may improve the situation for the residents who abut the alley. Chairman King stated that it may not be practical for the safety vehicles. Commissioner Goff asked if it would be reasonable to condition this use to the applicants, Mr. and Mrs. Curtis, as being the owners and occupying the upstairs portion of the building. He stated that the applicants being directly involved with the business, gives a level of confidence. He stated that he would also be • interested in knowing the closing times of other similar businesses in the area, and as it relates to evening noise in the area. -24- All Ayes C� J • � r c 3 c m m D September 9, 1982 of Newport Beach Commissioner McLaughlin concurred with Commissioner Goff's concerns. She stated that perhaps this request should be approved as a take -out use only and that the use permit be restricted to the applicants. She also stated that the deliveries should be conditioned. She further expressed her concerns with the trash issue and. the hours of operation. X X X Chairman King's motion to continue this item to the Planning Commission Meeting of September 23, 1982, so that the applicant can generate the requested information, was now voted on, which MOTION CARRIED. a � � The Planning Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. 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 The public hearing opened in connection with this item and Planning Director Hewicker discussed the background information related to this request. He stated that the proposed amendment addresses the 25 percent density increases for market rate units, which is specified as one of the program objectives of the Housing Element. The proposed amendment also provides and allows The Irvine Company to develop a minimum of 10 percent of -25- MINUTES INDEX Item #8 GENERAL LA- N AMENDMENT 8282 =1 MINUTES September 9, 1982 m � m m - w- m City of Newport Beach �E�em� INDEX all remaining units to be developed within the City's affordable income range. In addition, the staff has suggested that there be a third incentive provided, which would allow The Irvine Company to go from a maximum of 465 units on the North Ford site, up to a maximum of 750 dwelling units, on a one per one basis. He stated that for every one unit that The Irvine. Company develops, which would either meet the "City Moderate ", "County Low /Moderate" or the "City Low" criteria, that they would be allowed to develop a . market rate unit. Planning Director Hewicker stated that staff has suggested additional wording to the bottom of Paragraph 3, on Attachment 1, which would state, "Any other site(s) used for provision of dwelling units meeting "County Low /Moderate," or "City Low" criteria shall be identified and any additional General Plan Amendments shall be processed as necessary prior to construction of the related market rate units on the North Ford . site." Planning Director Hewicker then referred to the last sentence on Attachment 1, and stated that in order to be consistent with the settlement agreement, this wording should be deleted and substituted with the following language, "Construction of the residences shall commence no later than eighteen (18) months after issuance of the certificates of occupancy for 252,858 square feet of the industrial buildings." Planning Director Hewicker stated that the proposed General Plan Amendment satisfies the interests of the City and its Housing Element, and meets the needs of The Irvine Company. In response to questions posed by Commissioner Balalis, Planning Director Hewicker stated that the 25 percent increase in density, is a 25 percent increase in market rate units to facilitate housing opportunities generally within the City of Newport Beach. He stated that the 10 percent criteria is designed to provide housing affordable to City low and moderate income families. I I I I Mr. Robert Lenard, Advance Planning Administrator, • explained to the Commission, how the numbers were calculated in the staff report and Attachment 1. -26- MINUTES September 9, 1982 of Newport Beach INDEX In response to a question posed by Commissioner Balalis, Mr. Lenard stated that 173 units out of the 465 units would be considered to be in the range of affordable units. He stated that any additional units from 465 units up to 750 units, would be split. He stated that for every unit that would be market rate,; an additional unit would be provided at "City Moderate ", "County Low /Moderate" or "City Low" criteria. Commissioner Balalis stated that in order to make this attractive enough to the developer, the developer must be able to make enough money on the bonuses which are given to him. However, he stated that at the same time, in order for this to be attractive to the City, the City should get more than just fifty percent of a bonus, over and above the bonus. Planning Director Hewicker stated that at a maximum of • 750 total dwelling units on the site, 316 of the units would be in the affordable range, which equals 42 percent. Commissioner Goff referred to the maximum of 750 dwelling units on the North Ford site, and asked if this would be subtracted directly from the 1725 residential units which The Irvine Company has to develop. Planning Director Hewicker stated that there would be 285 units over and above the 1725 units. Ms. Crystal Sims, representing Legal Aid Society of Orange County, stated that in concept, they support the idea of increasing density to facilitate the construction of affordable housing. She stated that the North Ford site is one. of the few sites remaining in Newport Beach which is available for affordable housing. She stated that it is crucial to plan very carefully to respond to housing needs of low and moderate income households. Ms. Sims stated that in the proposed General Plan Amendment, there has been no assurance that housing which is affordable to low and moderate income households, even using the City's definition of these • terms, will ever be constructed. She stated that the _27_ � r c D c a m J J f0 + 0 3 MINUTES September 9, 1982 of Newport Beach INDEX In response to a question posed by Commissioner Balalis, Mr. Lenard stated that 173 units out of the 465 units would be considered to be in the range of affordable units. He stated that any additional units from 465 units up to 750 units, would be split. He stated that for every unit that would be market rate,; an additional unit would be provided at "City Moderate ", "County Low /Moderate" or "City Low" criteria. Commissioner Balalis stated that in order to make this attractive enough to the developer, the developer must be able to make enough money on the bonuses which are given to him. However, he stated that at the same time, in order for this to be attractive to the City, the City should get more than just fifty percent of a bonus, over and above the bonus. Planning Director Hewicker stated that at a maximum of • 750 total dwelling units on the site, 316 of the units would be in the affordable range, which equals 42 percent. Commissioner Goff referred to the maximum of 750 dwelling units on the North Ford site, and asked if this would be subtracted directly from the 1725 residential units which The Irvine Company has to develop. Planning Director Hewicker stated that there would be 285 units over and above the 1725 units. Ms. Crystal Sims, representing Legal Aid Society of Orange County, stated that in concept, they support the idea of increasing density to facilitate the construction of affordable housing. She stated that the North Ford site is one. of the few sites remaining in Newport Beach which is available for affordable housing. She stated that it is crucial to plan very carefully to respond to housing needs of low and moderate income households. Ms. Sims stated that in the proposed General Plan Amendment, there has been no assurance that housing which is affordable to low and moderate income households, even using the City's definition of these • terms, will ever be constructed. She stated that the _27_ n U City's definition of affordable housing ignores very large segments of the Orange County population. Ms. Sims stated that the amendment allows for 465 units initially, including 172 units of housing for purchase at an estimated $126,456.00. She stated that this does. not respond to regional housing needs of over 3.,000 units as, identified in the City's Housing Element. She stated that housing at this cost can not be considered affordable housing by any reasonable definition of the term. She stated that most of the City's employees, including policemen, firemen, and teachers, would not qualify for housing at the North Ford site, under this definition of affordability. She stated that at current interest rates, only upper income households would qualify to purchase such units. Ms. Sims stated that the proposed General Plan Amendment leaves many questions unanswered. Such as, the number of units in various income categories, the type of units to be constructed, the mix of units, and the location of units. She stated that it is not clear in the General Plan Amendment, if the units were to be built off -site, if they would be required to be built in Newport Beach, or if they would be put in another area of the County. She further stated that the City's commitments are unclear as to insuring that affordable housing is built on this site. Ms. Sims stated that leaving these answers up to 'future negotiation may result in no affordable units being constructed for the targeted income groups. She stated that consideration should be given for imposing more specific requirements as a part of the proposed amendment, to insure that the housing needs of low and moderate income households can be addressed. Ms. Sims stated that in consideration for requiring The Irvine Company to build a specific percentage of low and moderate income units, the City could offer incentives, such as revenue bond financing, waiver of dedication, fee requirements and use of block grant funds at that site. • IIIIIIII -28- MINUTES INDEX September 9, 1982 n x r c � m m m City of Newport Beach City's definition of affordable housing ignores very large segments of the Orange County population. Ms. Sims stated that the amendment allows for 465 units initially, including 172 units of housing for purchase at an estimated $126,456.00. She stated that this does. not respond to regional housing needs of over 3.,000 units as, identified in the City's Housing Element. She stated that housing at this cost can not be considered affordable housing by any reasonable definition of the term. She stated that most of the City's employees, including policemen, firemen, and teachers, would not qualify for housing at the North Ford site, under this definition of affordability. She stated that at current interest rates, only upper income households would qualify to purchase such units. Ms. Sims stated that the proposed General Plan Amendment leaves many questions unanswered. Such as, the number of units in various income categories, the type of units to be constructed, the mix of units, and the location of units. She stated that it is not clear in the General Plan Amendment, if the units were to be built off -site, if they would be required to be built in Newport Beach, or if they would be put in another area of the County. She further stated that the City's commitments are unclear as to insuring that affordable housing is built on this site. Ms. Sims stated that leaving these answers up to 'future negotiation may result in no affordable units being constructed for the targeted income groups. She stated that consideration should be given for imposing more specific requirements as a part of the proposed amendment, to insure that the housing needs of low and moderate income households can be addressed. Ms. Sims stated that in consideration for requiring The Irvine Company to build a specific percentage of low and moderate income units, the City could offer incentives, such as revenue bond financing, waiver of dedication, fee requirements and use of block grant funds at that site. • IIIIIIII -28- MINUTES INDEX • MINUTES 3 September 9, 1982 n x y � City of Newport Beach c a p m Ms. Sims stated that as the General Plan Amendment is currently proposed, there is no commitment which will insure construction of the units which are actually affordable to low and moderate income households. She stated that this is in response to a need which has. been identified by the City's Housing Element. and Housing Assistance Plan. Commissioner Goff asked if the original wording on Attachment No. 1, relating to the residential portion of the project being constructed prior to or concurrently with the commercial and industrial uses, creates a problem with the settlement agreement. Planning Director Hewicker stated that the City of Newport Beach, The Irvine Company and the judge, have all agreed with the revised wording relating to the 18 months. He stated that any change from this wording, would require the approval of all three entities. He stated that the wording in the settlement agreement does not preclude The Irvine Company from building the residential units prior to or concurrent with the commercial and industrial uses. Chairman King stated that he would like to respond to Ms. Sim's comments. He stated that it is the intent of the General Plan Amendment to increase the densities as a first step towards resolving some of the housing problems which are encountered in the City of Newport Beach. He stated that this does not preclude or prevent the City from looking at other options in the future.. Commissioner Allen asked if both rental and purchase" units will be considered for this site. Chairman King stated that this is true. He stated that at this point, the density is being studied, but the product type has not been identified. He stated that product mix will also be studied, along with the appropriate densities to achieve such mixes. • 11111111 -29- INDEX 3 � c a G m a -m September 9, 1982 of Newport Beach MINUTES W I.ALL I I I I I I I I I INDEX Commissioner Goff referred to Attachment 1, Paragraph 3, and asked if these sites should be specified as being within the City of Newport Beach. Planning Director Hewicker concurred and stated that wording can be added as follows, "Any other site(s) within the .City of Newport Beach used for provision. ." Mr. Lenard stated that any additional units beyond the initial 465 units, providing the incentive of a one to one match with market rate units, would be constructed . at City Moderate income or below. He stated that this would put them in the range of approximately $80,000.00 and below for ownership units. Motion X Motion was made to adopt Resolution No. 1084, All Ayes X X X X X recommending to the City Council the adoption of General Plan Amendment 82 -1, including the revisions as proposed by staff and Commissioner Goff, which MOTION CARRIED. (See attached Exhibit "A" for the approved text of Resolution No. 1084). x x x ADDITIONAL BUSINESS Request of Big Canyon Country Club to Build Housing for the General Manager In response to a question posed by Commissioner Goff, Planning Director Hewicker referred to the Additional Business staff report prepared on this item and discussed the related background information. Motion Motion was made that a public hearing be scheduled at a All Ayes X.X X JJXJ later date, to consider an amendment to the Big Canyon Planned Community in order to build housing for the General Manager at the Big Canyon Country Club, which MOTION CARRIED. • x -30- MINUTES September 9, 1982 m y' City of Newport Beach CALL INDEX Excused Absence Motion X Motion was made for an excused absence for Commissioner All Ayes X X X X Y X X Kurlander from the Planning Commission Meeting. of October 7, 1982, which MOTION CARRIED. _ There being no further business, the Planning Commission adjourned at 10:15 p.m. * • a Dave Goff, Secretary Planning Commission City of Newport Beach • 11111111 1 -31- \J EXHIBIT "A" Resolution No. 1084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF CERTAIN PROPOSED AMENDMENTS TO THE LAND USE AND RESIDENTIAL GROWTH ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN (GPA 82 -1). WHEREAS, as part of the development and implementation of the City's General Plan, the Land Use and Residential Growth Elements have been prepared; and WHEREAS, said elements and the General Plan set forth objectives and supporting policies which serve as a guide for the future development of the City of Newport Beach; and amendments to the said elements of the Newport Beach General Plan; and WHEREAS, on September 28, 1982 the City Council of the City of Newport Beach adopted Resolution No. 11051 amending the Housing Element of the General Plan consistent with the provisions of Government Code Sections 65580 et seq, (Roos Bill); and WHEREAS, the City of Newport Beach is making a good faith effort to implement the policies and programs contained in the General Plan Housing Element; and . WHEREAS, said Housing Element calls for a 258 density increase on appropriate residential sites throughout the City; and WHEREAS, said Housing ,Element include a goal that at least 10% of annual new housing production be "affordable "; and WHEREAS, undeveloped residential sites owned by The Irvine Company permit development of 1380 residential units; and • WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach the Planning Commission has held a public hearing to consider certain amendments to the said elements of the Newport Beach General Plan; and WHEREAS, on September 28, 1982 the City Council of the City of Newport Beach adopted Resolution No. 11051 amending the Housing Element of the General Plan consistent with the provisions of Government Code Sections 65580 et seq, (Roos Bill); and WHEREAS, the City of Newport Beach is making a good faith effort to implement the policies and programs contained in the General Plan Housing Element; and . WHEREAS, said Housing Element calls for a 258 density increase on appropriate residential sites throughout the City; and WHEREAS, said Housing ,Element include a goal that at least 10% of annual new housing production be "affordable "; and WHEREAS, undeveloped residential sites owned by The Irvine Company permit development of 1380 residential units; and • 33 WHEREAS, a 25% density increase on all sites owned by the Irvine • Company will raise the permitted number of residential units to 1725; and WHEREAS, 172 "affordable" residential units is 10% of the total of new construction to be permitted on undeveloped residential sites owned by The Irvine Company; and WHEREAS, the City wishes to give additional incentives for the provision of housing for City low and moderate income households; and WHEREAS, the North Ford site has been identified as being an appropriate site for increased residential density; and WHEREAS, it is the City's desire to concentrate the 25% overall • increase in residential density on specific sites rather than increase all sites by 25 %, in order to provide densities conducive to the construction of "affordable" housing; and WHEREAS, it is the City's desire to comply with the requirement of Section 65915 of the Government Code relating to 25% density increases for projects involving the construction of housing affordable to families of low and moderate income; and WHEREAS, it is the City's desire to comply with the requirements of Section 65590 of the Government Code (Mello) relating to the provision of housing in new developments affordable to low and moderate income families.in the Coastal Zone or within 3 miles of the Coastal Zone, consistent with the • protection of valuable resources in the State owned "Upper Newport Bay Ecological Reserve "; and WHEREAS, an Environmental Impact Report was certified as complete in conjunction with the approval of the North Ford Planned Community District; and • WHEREAS, an Addendum to the Certified Final Environmental Impact Report was certified in conjunction with the approval of Tentative Tract Map No. 10019; and - 2 - 0 WHEREAS, an Environmental Impact Report was certified as complete in • conjunction with the approval of the Newport Beach General Plan Housing Element; and WHEREAS, subsequent changes as expressed by the proposed General Plan Amendment 82 -1 will not require revisions to the Certified Final Environmental Impact Report or the Addendum to the Certified Final Environmental Impact Report; and WHEREAS, proposed General Plan Amendment 82 -1 will create no new significant environmental impacts not previously considered in the Certified Final Environmental Impact Report or the Addendum to the Certified Final Environmental Impact Report; and WHEREAS, substantial changes have not occurred with respect to the circumstances under which development of the project site may occur; and WHEREAS, no new information of substantial importance related to the project has become available; and WHEREAS, the Certified Final Environmental Impact Report for the Newport Beach General Plan Housing Element considered and evaluated the project site and established standards for its development related to the Housing Element and the physical environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach does hereby recommend to the City Council of the City of Newport Beach that the following amendment to the Land Use and Residential • Growth Elements and Maps of the Newport Beach General Plan be adopted as follows: North Ford: The North Ford area is bounded by Bison Avenue, Jamboree Road, MacArthur Boulevard and Eastbluff Drive (extended). Retail and Service Commercial uses are permitted not to exceed 28,500 square feet; General Industry uses are permitted on ± 26 acres, not to exceed 295,000 square feet; and Multiple - Family Residential uses are permitted on the remaining ± 35 acres, not to exceed a maximum of 750 units. The exact number of units will be determined at the time of Tentative Tract Map approval, subject to the following specific • criteria: 1. 293 units (120 existing + 173 additional) shall be allowed on the site with no restriction on sales price (Market Rate). - 3 - 2. 172 additional units priced to meet the City's definition of "affordable" housing (3 times City median at the time of approval). NOTE: The 345 additional units provided under 1. and 2. above are designed to meet the provisions of the Housing Element which specify a 258 increase in density on noncommitted undeveloped land (258 of 1380 = 345) and a 108 allocation (108 of 1725 = 172) to affordable housing. 3. In addition.to the 465 units allowed above, 285 units may be constructed subject to the following formula. For each unit which meets the definition of "City Moderate ", "County Low /Moderate ", and "City Low" (at the time of approval) , one unit shall be allowed with no restriction on sales price. The total number, type and mix of units will be negotiated between the developer and the City and will be determined by the availability of State or Federal funding programs and the ability of the City to reduce or waive certain development standards normally applicable to market rate units. Additionally, if another site can be identified which will more appropriately accommodate "County Low/Moderate" or "City Low" income units, for each such unit constructed off -site one additional . market rate unit may be allowed on the North Ford site, up to a maximum of 750 total dwelling units on the site. Any other site(s) within the City of Newport Beach used for provision of dwelling units meeting "County Low /Moderate, "or "City Low" criteria shall be identified and any additional General Plan Amendments shall be processed as necessary prior to construction of the related market rate units on the North Ford site. 0 Construction of the residences shall commence no later than eighteen (18) months after issuance of the certificates of occupancy for 252,858 square feet of the industrial buildings. Regularly passed and adopted by the Planning Commission of the City of Newport Beach on the 9th day of September , 19 82 , by the following vote, to wit: AYES Allen, Balalis, Goff, King, Kurlander, McLaughlin, Winburn NOES None PT:nma - 4 - one 9/3/82