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HomeMy WebLinkAbout10/04/1979COMMISSIONERS Special Adjourned Planning Commission 7h) Place: City Council Chambers Time: 2:00 P.M. bate: October 4, 1979 9 Citv of Newport Beach Meeting MINUTES Present 11x1 x x x x l EX- OFFICIO MEMBERS R. V. Hogan, Community.Development Director Hugh Coffin, Acting City Attorney STAFF MEMBERS James Hewicker, Assistant Director - Planning Robert Lenard, Advance Planning Administrator: Fred Talarico`, Environmental Coordinator Pon Webb, Assistant City Engineer Glenna Gipe, Secretary Minutes Written By: Glenna Gipe Request to consider proposed amendments to the Land Use, Residential Growth and Recreation and 40 Open Space Elements of the General Plan, and the j�reliminary review of a screen check Initial Study. INITIATED BY: The City of Newport Beach AND Request to consider proposed amendments to the Ci eulation Element of the General Plan, and the! ac- �eptance of an Environmental Document. INITIATED BY: The City of Newport Beach Richard Hogan, Community Development Director, re layed a few clarifications with regard to the pre }eding meeting. I Commissioner Haidinger requested a clarification regarding the terms "secondary" and ".alternate" with regard to uses. I Discussion then began regarding Big Canyon Area • 0, Site No. 12. Be INDEX Items # 1- a 'f GENERAL PLAN AMENDMENT 79 -1 AND GENERAL P LFC-N — AMENDMENT .79 -2 CONTINUEDI 111-11u UV11- ISt� SION MEETING OF OCTO- BER 4, 1979 Motion 0 Motion Motion Ayes Noes Ayes Noes x Ix October.4, 1979 of Newaort Beach MINUTES Motion was made that Big Canyon Area No. 10, Site No. 12, be left at its present General Plan desig nation of 160 dwelling units. Keith Greer, The Irvine Company, appeared before the Planning Commission and stated that the slide area of Big Canyon Drive is not.wi.thin the tioun- daries of Site No.. 10, but is immediately adjiacen to it to the east and that only k of this site.is buildable. Mr.-Hogan explained that the calculation as far a ?the medium -high density residential and the net buildable acres is nothing more than a mathematic deduction of 25% of the total and means nothing regarding the topography of the site. He further explained that buildable is purely a definition for density purposes and doesn't have anything to do with whether one can actually.construct on the bite so that they would.construct.on that portion 'of the site which is physically usable following (grading, approval of plans, etc. Amendment to the Motion was made that the desig- nation be 10 dwelling units per buildable acre. !Commissioner Haidinger accepted Commissioner !Reek's amendment as part of his motion. iCommissioner Allen expressed her feeling that .there is no place in the City where low- density !residential would be more appropriate and more �cons.istent with the surrounding area than in the Big Canyon area. Substitute Motion was made that Big Canyon Area No. 10, Site No.. 12, be.designated at 4 dwelling lunits per .acre, upon which a Straw Vote was taken Straw Vote.was then taken on the Motion, which MOTION CARRIED. iDiscussion then began regarding Site No. 13,lBay- Iview Expansion. . !in response to a question posed by Commissioner ICokas, Mr. Greer replied that the existing densit !'is 12 dwelling units per gross acre and that the -2- COMMISSIONERS I MINUTES October 4, 1979 i f y City of Newport Beach ROLL CALL IT= IINDEX (Commissioner Cokas accepted Commissioner Allen's i amendment' as part of his motion. All Ayes Vote was then taken on the Motion, which 0 -3- Baywood Apartment community is one of the lowest Density multi- family communities in the City and expressed his feeling that there is no other al- ternative to that site that would be logical. Motion Motion .was . made that the Bayview Expansion area be zoned for residential at 4.dwelling units per buildable acre. Motion x Substitute Motion was .made that the designation Ayes x x x. x x for the Bayview Expansion be 10 dwelling units Noes x per buildable acre, upon which a Straw Vote was aken. Discussion then ensued regarding the 5th Avenue Parcel, Site No. 14. Mr. Hogan explained that this area is presently Toned as a combination of P -C, R -1 -B and acreage belonging to the City and that the only concern. which regards the Planning Commission is the • P -C zoning, of which there is no adopted P -C text at this point. Motion x Motion was made that the designation for Site No. 14, the 5th Avenue Parcel, be left as is. Motion x ! Amendment to the Motion was made that the over 65 CNEL corner of MacArthur Boulevard and Pacific I;oast Highway be excluded from the buildable computation after mit.i'gation. Don Webb, Assistant City Engineer, brought to the :attention of the Planning Commission that the .noise element was put together at a time when MacArthur Boulevard was shown as a two -way road- way and that now the area is a couplet and there is at this time approximately P2 the traffic that !there was. (Commissioner Cokas accepted Commissioner Allen's i amendment' as part of his motion. All Ayes Vote was then taken on the Motion, which 0 -3- W • October 4, 1979 on Beach MINUTES INDEX Discussion then began regarding Site No. 15, Beco Oroperty. ugh Coffin,. Assistant City Attorney, informed the Planning Commission that under the State Planning Act, the Planning Commission is entitled to adopt General Plan regulations for areas out- side of our City limits which will reasonably im- pact the City and be impacted by the City as far as land use development is concerned. ommissioner Beek expressed his feeling thatiall his will result in a new set of notices and a ew. definition .of projects.and that the County r.iangle should be included in their next dis- ussion. r. Hogan informed the Planning Commission that he County.Triangle is presently in the General lan, that the land use designations in the Count riangle are presently for industrial and re 0 - ential and that the Coastal Commission has pecial regulations dealing with areas that re- uire the area.of existing jurisdiction to de- elop the Local Coastal Plan and the fact that his may be affected by the City's General Plan s not of concern to the Coastal Commission as fa s developing the Local Coastal Plan. Motion x Motion was made that Site No. 15, Beco Property, be designated as an Energy Reserve. Motion Substitute Motion was made that Site No. 15, Beco Property, be planned for residential at 4 dwellinc !units per buildable acre. Mr. Hogan stated that the only reason this area lis before the Planning Commission is that the .pro• iperty owner has talked about sometime before 1995 ,working out an agreement with the lessee that a :portion of the land be released from the lease foi ;development, but with no specific timetable for ;that. Ayes x x Straw Vote was then taken on the Substitute Motion Noes x x x!wwhich MOTION FAILED. AW a i n x -4- All Ayes 0 • MINUTES October 4, 1979 osi � � IS City of Newport Beach Straw Vote was then taken on the Motion, which MOTION CARRIED. Motion was made that the Bayview School Site.be zoned low- density residential' at 4 dwelling units to the buildable acre. Mr. Hogan advised that this site was not included in the public hearing notice and that it would not be advisable to take action at this time. Mr. Coffin then advised that the final action of the Planning Commission should be an adoption of a. resolution setting forth the various proposed amendments to the General Plan. Commissioner Beek expressed his feeling that the staff sent out advise to other agencies calling for comments to the General Plan review and some of the agencies' response to some of the possible alternatives indicated that an EIR might be re- quired and he stated his preference that now that they have a clear idea of what direction they are taking, that it would be wise to drop that project and initiate a new project which represents exactl what they are doing, which require a new noticing and action taken at a later date, that notice in- cluding such other sites as the Bayview School Site and the County Triangle. Mr. Hogan replied that the staff will necessarily need adequate environmental documentation so that If the City Council makes changes, they will have the necessary environmental support. Robert Lenard, Advance Planning Administrator, su bested °that with the adoption of the resolution that the Planning Commission make a finding that the environmental documentation on the proposed project is under preparation in accordance with the requirements of CEQA and City Policy. Mr. Hogan further advised that the approval of th environmental.documentation is the responsibility of the City Council. In response to a question posed by Commissioner Thomas, Fred Talarico, Environmental Coordinator, -5- • 0 MINUTES October 4, 1979 City of Newport Beach replied that there is no change within the pe,ri- meters; that they have noticed on the environ- mental documentation that all the decisions are i4ithin those perimeters; therefore, any informa- tion supplied on possible uses within those peri- meters will continue in the environmental documen tation to be applicable for the City Council's decision. r. Hogan suggested leaving the City Council in he position of making the determination, rather han pre- empting them. n response to a question posed by Commissioner eek, Mr. Coffin responded by stating that assum- ng that the City Council determination.that the roject will not have a significant effect on the nvironment, then regardless of the response of.t gencies,.staff would not be compelled to prepare n EIR. IThe Planning reconvened at i A discussion jbegan. Commission recessed at 3:20 p.m. and 3:30 p.m. of the term "buildable acre" then .Commissioner Beek stated ;they have no legal basis ridors from the buildable Mr. Hogan relayed able acre, stating ducted are slopes, land parks. his understanding that for deducting view cor- acreage. the current definit.ion of build that the 4 items currently de- perimeter open space, streets Commissioner Beek stated his understanding.of a flood.plain area as that in which a stream or ri- ver by rainfall action can inundate and flood the area and undermine foundations, and he expressed his feeling that he specifically does not wish to consider flooding by high tides and sea water. INDEX MINUTES October 4, 1979 t i 0, 1 1 City of Newport Beach ommissioner Haidin.ger stated his opposition to sing the federally- designated flood plain areas n their definition as being too liberal an inter retation for their use. Commissioner Balalis stated his opposition to taking away from the buildable area those man: - Made riparian areas, and that the question is thether these areas.are excluded from the calcu- lations or not and in neither case would they be 4estroyed. Commissioner Beek expressed his feeling that from a practical viewpoint, they are referring to only, acre and from a theoretical point of view, that this would encourage a landowner to buy environ- mentally sensitive areas to add to their buildable commissioner Beek stated that he has no objecition to building on slopes greater than 2:1: • Mr. Hogan again stated that none of these items has anything to do with construction but is used In terms of subtracting from the buildable area and that net buildable now excludes streets, peri- .Meter open space, slopes and park.dedications, sut stantially reducing the amount of acreage you woul have in multiplying 4 dwelling units times the acreage, arriving at fewer dwelling units with net buildable than with, gross. He.then stated that When there is a project for which is required an .environmental review of any kind, then the envir- onmental analysis identifies those areas such as ritical habitats that should be preserved and at that time the actual site plan.for the site is determined and the Planning Commission can elimi- inate from the actual development of the land all those areas that cannot be built on; and that fur- thermore, when there is a P -C, the Planning Com- Ynission can examine the proposal and the General :Plan sets the maximum number that can be built on is site, not the minimum number. 0 1'J1 INDEX COMMISSIONERS � � m wig MINUTES October 4, 1979 City of Newport Beach ROLL CALL INDEX r. Greer appeared before the Planning Commission nd.made a presentation regarding the three pro- perties on the Back Bay relative to the current General Plan designations ,versus the reductions suggested by the Planning Commission, expressing Ms feeling that the aspect of what is useable tomes in the process of the development. Motion x Motion was made to retain the existing definition of buildable acres and consider the other issues as part of the review of the EIR. Motion x Amendment to the Motion was made to add verba'ge to the General Plan that states that at the time of Consideration of a P -C development text, the Plan - bing Commission.and City Council shall consider the aforementioned criteria, which areas shall not be built on. Motion x Amendment toAhe Amendment was made to delete • !'flood plain areas" from consideration. Commissioner Beek stated his opposition to the Motion and the Amendments, expressing his feeling .that areas such as Big Canyon could be redesignate Nnder the General Plan and later amendments and. should be something applicable to all parcels, that to consider the 6 criteria at the time of adoption of the P -C text leaves a loophole in which people can make developments without adopting a P -C text and that the motion gives the landowner credit for the property he owns which is unbuildable. Ayes x x x x Straw Vote was then taken on the Amendment to the Noes x x milen— dment. i jIn response,to a question posed by Commissioner Haidinger,.Commissioner Allen replied that her Intent was that at the first discretionary action pn any of the undeveloped sites, that the Planning Commission and City Council shall not .permit de- Welopment on areas that fall in these 6 categories, as determined by the Planning Commission and City Council. 0 10 MINUTES October 4, 1979 j > 11 5 /F X y City of Newport ` Beach ROLL CALL JINDEX Commissioner Haidinger then accepted Commissioner Allen's amendment as part of his motion. Commissioner Allen expressed..her feeling that the discugsion of those 67 dwelling units was not1wor quibbling over in light of the magnitude of the General P -1 -an Amendment. . Ayes x x x x Straw vote was then taken on the Motion, which Noes x Y MOTION CARRIED: Commissioner Cokas stated his concern regarding the transfer of units concentrating on the Casta- ways, expressing his feeling that density is bein placed coastwise, burying it deeper to the City and the trips, generated by those units have to ge out and the Dover Drive /Pacific, Coast Highway in- tersection is one of the most heavily used inter- sections. ion x Motion was made that the transferring of units Oeleted from other parcels to be transferred to the Castaways site be deleted. Commissioner Allen stated her understanding that 121 units had been transferred from Westbay, 24 units had been transferred from Eastbluff Remnant and Newporter North was only transferred at the developer's option. Mr. Lenard relayed that the buildable acreage on the Castaways site is 8.39 dwelling units per buildable acre with the transfers. �mendment.to the Motion was made to transfer the Q44 dwelling units to Newport Center on the cor- ner parcel of Jamboree Road and Pacific Coast Highway, North -Ford and Baywood Expansion alter - nately. Commissioner Beek stated his understanding that Castaways is only 132 dwelling units and Wes bay ns 161 dwelling units, and stated his prefer nce Ito delay final action on this item, allowing-ad- ditional time to study the alternatives. ME COMMISSIONERS October 4, 1979 M Beach MINUTES Z91± Commissioner Balalis stated his preference for a transfer somewhere other than the Castaways, sug- gesting obtaining an opinion from The Irvine Com- pany as to their preference. Mr. Greer appeared before the Planning Commission And expressed his feeling that the entire aspect of density transfer has 'no understandable basis' And with transferring comes a certain level of street improvements. Commissioner Cokas stated that he would accept Commissioner Thomas' amendment as part of his mo- tion. All Ayes Straw Vote was then taken on the Motion, which OTION CARRIED. .Mr. Hendrickson then relayed some new information yegarding, the North -Ford Site, stating their views as to how the proposed freeway alignment on the • southerly edge of the site will affect the pro- posed residential development both with and with- out mitigation, stating further that without miti- gation there would be very substantial impacts because of noise on the site.. In response to a question posed by Commissioner Allen,.Steve Sandlund, The Irvine Company, appear - �d before the Planning Commission and stated that the freeway must cross over the San Diego Creek and that in the opinion of staff, the freeway was rising at this point and would probably have to be an overpass situation over MacArthur Boulevard and EastbTuff Drive. Motion x Motion was made to place the 144 units on the North -Ford Site. Motion x § ubstitute Motion was made to change the straw .Mote designation on the North -Ford property to General industry, office, retail and service com- Mercial, as is the present General Plan designa- tion. Motion x Amendment to the Substitute Motion was made that ;the current General Plan designation be reduced b �O % in square footage, or 539,518 sq. ft. instead of the previous 770,740 sq. ft. figure. -10- KWON October 4, 1979 z t Beach MINUTES 1 ROLL CALL I III 11 I I I INDEX Commissioner Balalis.stated his preference for mixed uses and stated his opposition to the motio the amendment and the substitute motion. Commissioner Beek stated that he would abstain. Ayes x x .x :x x Straw. Vote was then taken on the Amendment to Noes x K the.Substitute Motion, which MOTION CARRIED. Ayes x x x x Straw Vote was then taken on the Substitute Mb- Noes x K x tion, which MOTION CARRIED. Mr. Hendrickson stated his feeling that the re- designation of the lower Castaways area adjacent to Dover Drive and Pacific Coast Highway as.Mlobil Home Park use only is a very impractical area for that use. The Planning Commisson adjourned at 5:45 p.m. i i Debra Allen., ecru Planning Commission City of Newport Beach I i i i I i i • I I I� I I I -11 -.