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HomeMy WebLinkAbout11/06/1980REGULAR PLANNING COMMISSION MEETING COMMISSIONERS Place: City Council,Chambers MINUTES Time: 7:30 p.m. Date: November 6, 1980 3 ' City of Newport Beach ROLL CALL INDEX X X X X X All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning,Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Robert Lenard, Advance Planning Administrator Patricia Temple, Senior Planner Donald Webb, Assistant City Engineer Pamela Woods, Secretary APPROVAL OF THE MINUTES APPROVAL' OF THE • October 9, 1980 - 2:00 p.m. MINUTES Commissioner Allen referred the Commission to the Minutes of the October 9, 1980, 2:00 p.m. Ad- journed Planning Commission Meeting, Pages 11 and 12. She stated that it was her intention, that a waiver of parking in developments with incentive uses be possible in all cases, not just th6se; developments which involve a variance or a use perm.it:. She asked staff Kow this can be handled. Planning Director Hewicker stated that the only way the Planning Commission will be able to waive any parking is through a use permit or . variance procedure. He stated that irregardless, a finding of health, safety and welfare would have to be made (Checking the tape..of the meeting, indicated that Commissioner Allen's comments as found in the minutes were correct). Motion x Motion was made that the Planning Commission ap- All Ayes prove the Minutes of the October 9, 1980, 2:00p.m. Adjourned Planning Commission Meeting, which MOTION CARRIED. 0 * ** BE COMMISSIONERS November 6, 1980 MINUTES m y City of Newport Beach ROLL CALL III III INDEX October 9, 1980 - 7:30 p.m. Motion X Motion was made to approve the Minutes of October All Ayes 9, 1980, as submitted, which MOTION CARRIED. October 23, 1980 - 7:30 p.m. Commissioner Allen referred the Commission to the Minutes of October 23rd; Page 16, Paragraphs 4 and 5. She stated that she voted in favor of the case because it was concluded t.hat even if the 10 foot rear yard setback was deducted, the building would still be under the R -1.5 allowable floor area. (In checking the tape of the October 23rd meeting, the minutes will be rev.ised to re- flect more of the discussion on this matter). Commissioner McLaughlin referred the Commission to the Minutes of October 23rd, Pages 29 and 30. • She stated that it was her understanding that the motion was to include the word "permanent ". Planning Director Hewicker discussed the Commis- sion's intent on this particular issue. He stated that the language that the Planning Com- mission has added could very well hinder planning Programs that are currently on- going, including the 208 Program and particularly any short range or interim solutions that might be investigated in terms of improving the water quality in the upper.Newport Bay. He asked if the Planning Commission would consider language to the effect, "The use of any part of the upper bay for a per- manent desliting facility is unacceptable. A better long range solution must be found." Commissioner Thomas stated that to his recollec- tion, the minutes are accurate, but that it would be a policy decision if the Commission would want to reconsider the motion. Commissioner Balalis stated that he felt his statement was understood in the intent of the discussion on October 23rd. He stated that the use of the upper bay as a desilting facility is not acceptable at a long term solution. He state that it may be used now, but is not to be used in the future as a long term.solution. -2- COMMISSIONERS1 November 6, 1980 MINUTES I* y r y, City of Newport Beach ROLL CALL 11.1 111 1 INDEX Commissioner McLaughlin stated that in voting for the.motion, she had the understanding that Com- missioner Balalis definition of "not acceptable" was agreed upon. Commissioner Balalis suggested to the staff that the tape of the meeting to be checked for the motion and the intent of the motion. Commissioner Beek stated that the words, "A bette solution has to be found ", is included in the motion in the minutes, yet it is not included in the current draft LCP. Motion X Motion was.made to approve the Minutes of October All Ayes 23, 1980, with the proposed revision and sug- gestions of the Commission, which MOTION CARRIED. Staff advised that Agenda Item No. 4, Resub- division No. 616,.be withdrawn, as per the applicant's request. The Commission concurred Request to permit the amend an approved Use Permit expansion of the existing La so as to Strada Item #1 Restaurant with on -sale alcoholic beverages. USE PERMI NO. 1908 { mended The proposed development also requests the ap- proval of an off -site parking agreement for the additional required parking spaces for the ex- panded restaurant use. APPROVED LOCATION: A portion of Lot 2 and Lot 3, CONDI- Block U, Tract No..323, located TIONALLY at 3520 East Coast Highway, on the northeasterly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue in Corona del May. ZONE: C -1 APPLICANT: Manto,, Brady Enterprises, Inc., I 1111 dba La Strada, Laguna Niguel OWNER: Carmelo Manto, South Laguna -3- CCNv1MISSONERS I November 6, 1980 MINUTES City of Newport Beach ROLL CALL INDEX Planning Director Hewicker stated that the appli- cant has asked that two additional off -site parking lots be considered; the parking lot behind Coco's Restaurant and Eslary's Gourmet Market and, the Villa Sweden .parking lot adjacent to La ',Strada Restaurant. Planning Director Hewicker stated that inasmuch as only -three parking spaces are needed in Coco's parking lot to meet the required parking for the expanded La Strada Restaurant, and inasmuch as Coco's parking lot is the most removed from the La Strada Restaurant, Planning Director Hewicker suggested that the Planning Commission not consider said lot as a satisfactory off - siteparking loca- tion. Planning Director Hewicker stated tFat this would change Condition No. 2, by deleting the reference to the three parking spaces behind Coco's Restau- rant. Condition No. 6 would be changed so as to. Provide that a minimum of one parking space for each 43 square feet of "net public area" shall be provided. In addition, a conditionlshould be added to the use ermit which would! provide that P P all employees shall be required to ark on the off -site parking lots. Planning irector Hewicker stated t at these 9 changes would be consistent with th, a roval of 9 P p other use permits throughout the City and are de- signed to solve the problem of employee parking on the street which is generally detrimental to adjoining residential uses. Commissioner Balalis asked staff how the minimum parking requirement is determined.according to the Code: Planning Director Hewicker stated that generally, a typical dinner house serving . alcoholic beverages, requires 1 parking space per 40 square feet of '$net.puhlic area." The highest parking requirement of 1 parking space per 30 square feet of "net public area ", is re- quired for dancing or night club atmospheres, • where there is a large amount of bar area in re- lationship to the amount of area devoted to dining In cases where the menu and the atmostphere is mor CCJMM1551VNEK5 November 6, 1980 MINUTES D y y 3 City of Newport Beach ROLL CALL INDEX formal, 1 parking space per.50 square feet of "ne public area" is required, which is the lowest par ing requirement. In this particular case, it was determined that l parking space per 43 square fee of "net public area" would be adequate. Commissioner Allen asked staff why the extra thre parking spaces in the additional lot would not be a good idea. Planning Director Hew;icker stated that the parking lot is adjacent toresidential_ uses. A disturbance may be created'when the em- ployees or patrons leave the parking lot in the evening hours. Commissioner Beek stated that if the lot is available and will probably be usedin any event, the restaurant would use the.lot without paying the owner for it. Planning Director Hewicker stated that this is a possibility, but in a case such as this, the City would not be'a party to such an act. The public hearing was opened in connection with this item and Mr. Carmelo Manto, owner of the La Strada Restaurant, appeared before the Commission and stated that he concurred with the findings and conditions of the staff report.: Mr. Robert Stone of Corona del Mar, 12 families who live in close proxi Strada Restaurant, appeared before Mr. Stone introduced to the Commiss dents who were in attendance of the representing ity to the La he Commission on the resi meeting. Mr..Stone stated that the Commission should be ma aware of the problems which alreadyjexist as a result of La Strada's operations. He stated.that employees are presently illegally utilizing the parking lot at 412 Narcissus, and also park in front of residents homes on Narcissius Avenue. Employees parking on the street al.olg Narcissus Avenue make a serious parking short ge worse. He also stated that considerable noise is created when employees leave the parking loft at night which disturbs the residents. He stated that one of the conditions of Use Permit No. 1908 was that the trash receptacles be screened from view from adjoining properties and streets orialleys. He stated that the trash receptacles remain un- screened to the dismay of the local residents. -5- 0 November 6, 1980 ao �y 3 1�n3{ y 0 Of Beach Mr. Stone stated that the residents have formula four conditions that should be added to protect and maintain the residents' peace, kealth and safety. He stated that if these conditions are added to.this application, Use Permit No. 1908 would.then become acceptable to the local reside The conditions and rationale are as follows: CONDITION NO. 1 MINUTES All off site parking areas required for the operation of La Strada must be clearly marked as such that the,stallsare reserved for La Strada's exclusive use during the restaurant's operating hours. Rationale: This enables La Strada to better control these areas so other motorists will no inadvertantly use La Strada's parking areas. CONDITION NO. 2 All employee and patron vehicles use only approved on and off site parking: locations. Valet use of on= street parking would be con- sidered a violation of this condition. Rationale: This clearly protect$ residents from valets using street parking in front of their homes. If the parking areas should reach saturation, additional off site parking should be obtained by La Strada or new methods of parking should be adopted. CONDITION NO. 3 The landscaping on the off site parking lot at 413 Orchid must be properly maintained. All landscaping should be watered in.a manner sufficient to maintain life. Rationale: No irrigation system was installed to maintain the landscaping and no effort to maintain this lot has been observed by resi- dents, thus causing concern. -6- INDEX COMMISSIONERS sRIF November 6, 1980 1611 Beach MINUTES Amend Condition 7 of Use Permit No. 1908 to delete the phrase: "Unless additional parking spaces are provided in an approved off site location." Rationale:. Any change of hours for La Strada should require an additional public hearing. Mr. Stone concluded that the local residents do not wish to interfere with La Strada's legitimate use of its property, but do feel that at the same time; the peaceful nature of the community should be preserved. Mr. Stone then handed; to the Com- mission his typed presentation, along with the signatures of -residents and property: owners whom he represents. Commissioner Allen complimented Mr. Stone and his • neighbors for appearing before the Commission wit such a positive, constructive approach. Commissioner Beek referred to Mr. Stone's Conditic No. 2 and stated that there is no way to.require patrons of the restaurant to use the assigned spaces, only employees and valets. Staff.con- curred. Commissioner Balalis referred to Mr. Stone's Condition No. 3 and stated-that landscaping material is generally required to be as drought - resistant as possible. Commissioner Balalis asked staff for clarification on thi's requirement. Planning Director Hewicker stated that a land- scaped area was shown on the off -site parking lot in back of the existing restaurant. Land- scaping is usually maintained by an underground sprinkler system or hand watered by.a hose.. In this particular case, it was not a new parking lot, but rather an existing .off =site parking facility. Commissioner Thomas asked staff if the planting was a prior condition on the use permit or if • the planting was already in existence. Planning Director Hewicker stated that the planting was shown on the plan, but was not a condition. Evil INDEX COMMISSIONERS November 6, 1980 MINUTES City of Newport Beach ROLL CALL INDEX Commissioner Thomas asked if it would be unreason - able,to expect that it be maintained. Planning Director Hewicker stated that if the landscaping is shown on the plan, it would be expected that it be maintained. 9 Commissioner Beek referred to Condition No. 3 of the original use permit and asked staff why land - scaping was not permitted in the required five foot rear yard setback.. Planning Director Hewick stated that the area adjacent to the alley is normally required to be kept free and clear for manueverability of automobiles. Mr. Bill Laycock reviewed the plan as originally submitted for Use.Permit No. 1908. It was deter - minted by staff that if the applicant did not main tain the landscaped areas as shown on the plot pla (except for the landscaped planters.not permitted. in.the required five foot rear yard setback noted above), the use permit would be in violation. Commissioner Beek referred to Mr. Stone's Condi- tion No. 2, regarding valet parking. Commissione Beek requested that an Ordinance b drafted which would make it illegal for valet packing to occur anywhere, except for in the assigned parking spac Mr. Burnham.stated that it would be possible to draft such an Ordinance. Planning Director Hew- icker stated that he could forward to the City Council the Commission's concerns regarding the activities of valet parking within the City. He stated that the City Council could then assign a priority on such an Ordinance. Chairman Haidinge suggested that this issue be taken up under Additional Business. Commissioner Beek asked staff if Mt. Stone's Condition No. 1 is a feasible recommendation. Planning Director Hewicker stated that by having the restaurant at this location, t parking spaces' are available for other commercial users in the area. He stated that a rec procal arrange ment had been made between the owner of the rest- aurant and the Post Office across the street. He stated that the La Strada Resta rant can use four parking spaces of the Post Office across the street in the evening, in exchange for the Post Office using the parking spaces of the La Strada Restaurant during the day for its mployees and customers. 4 IM1551UNEK5 November 6, 1980 MINUTES y City of Newport Beach 77TI7 .1 INDEX Planning „Director Hewicker stated that if a re- quirement were imposed that the parking.stalls be clearly marked for La Strada's exclusive use during the restaurant's operating hours, this would lead to a great deal of confusion as.to what the permitted use of,the spaces were when the restaurant is closed. Commissioner Beek suggested wording that the sign state that after 8:00 p.m. the spaces are for La Strada Restaurant only. Planning Director Hewicker stated that the parking spaces in question would only be those in direct control of La Strada, not those of the. Villa Sweden parking lot. Commissioner Beek stated that after 8:00 p.m. those spaces would be under the control of La Strada.. Mrs. Donna Pashia of 416.Narcissus appeared befor the Commission and stated that parking should not be allowed in Coto's parking lot. She stated that Coco-'s is open until 11:00 p.m. in the summe months and is always filled. She stated that it would be impossible for La Strada to use these parking spaces during the summer months. Mr. David Grime of 414 Narcissus appeared before the Commission and stated that he is in favor of amending the Original Condition No. , 7 of Use Permi No. 1908 to delete the phrase: "Unless additional parking spaces are provided in an approved off- site location.” He stated that any change of hours for La Strada should require an additional public hearing and that this restaurant should be considered as a typical dinner house. Mr. Manto stated that he would be agreeable to the conditions as discussed. He stated that he was not aware, until recently, that employees were parking on the streets causing,a disturbance. He added that he is willing to cooperate with the residents of the area. Commissioner McLaughlin referred to.Mr. Stone's Condition No. 4. She asked staff if it would be possible to amend the Original Condition No. 7 of Use Permit No. 1908. Planning Director Hewick stated that an amendment to a use permit, opens up the entire use permit for consideration. He COMMISSIONERS November 6, 1980 MINUTES I City of Newport Beach ROLL CALL INDEX pointed out that any time there is a request for an off -site parking lot, the request would have to come before the Commission, with the ultimate decision to be made by the City Council. Commissioner McLaughlin asked staff how the trash receptacle problem will be handled. Planning Director Hewicker stated that the screening of the trash receptacles will. be enforced.. Commissioner Balalis stated that the approximate 30 spaces under the direct control of the appli- cant would be sufficient to sign. Mr. Manto asked if every stall had to be marked, or just a sign on the lot to indicate the parking require- . ments. Chairman Haidinger stated.that one sign would meet the intent of the condition. Planning Director Hewicker.s.tated that.the wordinc used by Commissioner Balalis, "under the direct control of the applicant" would be appropriate to use, which would apply to the spaces immediatel behind the.restaurant. Commissioner McLaughlin concurred. Chairman Haidinger stated that Mr. Stone's Conditi n No.-4 i.s not necess_ary., in that approval by. the Planning_Commissi,o:n and. the City `Council would be required in any event. Commissioner McLaughlin co curred. Motion [ JXJXJX 1 was made to approve.Use Permit No. 1908, I All Ayes (Amended) with the following findings and proposed conditions as. discussed, which MOTION CARRIED: FINDINGS: 1. That the proposed expansion 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. The required parking spaces for; the proposed restaurant facility on separatelots from the building site arejustifiable for the following . reasons: . -10- C MISSIONERS1 November 6, 1980 MINUTES � w y N City of Newport Beach ROLL CALL INDEX (a) The off -site parking lots adjoin the restaurant and are easily accessible. (b) The proposed development.will not create undue traffic hazards in the surrounding. area. (c) The applicant has long termlagree- .ments for the use of the subject off -site parking lots during the evening hours of the week and on weekends and holidays when the restaurant will be in operation. (d) Valet parking will be provided at all times on the off-site ,parking lots during regular hours of operation of the rest - aurant use. 5. The approval of Use Permit No. 1908 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare o persons residing and working in the neighbor - hood.or be detrimental or injurious to proper or improvements in the neighborhood or the general welfare of the City. -11- 1. That development shall be in substantial con - formance with the approved floor plan. 2. That an off -site parking agreement be approved by the City Council, guaranteeing that a . minimum of 14 parking spaces be provided on Lots 4 and 5, Block U, Tract No. 323 (Villa Sweden property) for the duration of the restaurant on the property in question. 3. That the existing off -site parking agreements which provide for 33 spaces be maintained.. 4. That valet parki.ng service be pirovtded during the hours the restaurant facility is open. 5. That the revised floor plans shall be reviewed • by the Building and Fire Departments and any necessary changes shall be made concerning exits and fire safety requirements. -11- COMMISSIONERS1 November 6, 1980 MINUTES X y ff City of Newport Beach ROLL CALL INDEX -12- 6. That a minimum of one parking space /43 square feet of "net public area" shall be provided. 7. That all remaining applicable conditions of Use Permit No. 1908 be fulfilled. 8. That all employees shall be required to park on the approved off -site parking lots. 9. Parking spaces under the direct control of the applicant required for the operation of the La Strada Restaurant shall be clearly marked to indicate that the stalls are re- served for La Strada's exclusive use during the restaurant's operating hours. 10. The landscaping on the off -site parking lot at 413 Orchid shall be properly maintained. Item #2 Request to construct a three story„ four unit SE PERMIT residential condominium and related garage 0. 959 spaces in the R -4 District. APPROVED AND CONDI- TITFALLY Request to establish a single parcel of land for residential condominium purposes where two Item #3 lots and a portion of a third lot n w exist. LOCATION: Lots 10 and 11, Block1218, Section B, Newport Beach and a portion of DIVISION DIVISI ON NO`. 670 Section.33, Township 6 South, Range 10 West, located at 1 15 and 1817 ED APPROVED West Bay Avenue on the southerly CONDI- side of West Bay Avenue between 18th Street and 19th Street on the TIONALLY Balboa Peninsula. ZONE: R -4 APPLICANT: Richard W. Salmonson, Newport Beach OWNER: Pierre Chabre, Fallbrook, CA -12- COMMISSIONERS1 November 6, 1980 MINUTES €n y 3 City of Newport Beach ROLL CALL INDEX Agenda Items 2 and 3 were heard concurrently because of their relationship. Planning Director Hewicker s•tated.tha.t the side yard setbacks for a three -story building on a lot of this particular dimension are 4 feet, which have been provided.' However, he .added that unless the building was setback 5 feet; the Uniform Building Code would require that the windows in the sideyards be of steel frame with wire glass. Commissioner McLaughlin referred to Page 3 of the staff report and asked if the applicant's building designer had submitted design changes necessary to meet the 28 foot limit. Mr. Laycock stated that as yet, this has not been submitted, but that.the applicant will revise or design the pro- posed skylights and roof to meet the 28 foot limit Commissioner Beek asked staff to explain the type of roof that is being proposed. Mr. Laycock . stated that the roof will be.a flat roof, which cannot exceed the 28 foot height limitation. The public hearing was opened in connection with these items and Mr. Russ Fluter, a partner of the project, appeared before the Commission. Commissioner Balalis asked Mr. Fluter what al- ternatives have been considered on the proposed skylights. Mr. Fluter stated that they will either lower the structure or eliminate the sky - lights in order to conform. Commissioner Beek stated that the R -4 zoning in the.area should be.revised because it.is not appro priate for the area. He stated that the appli- cant did a very good job a designing a building which is less dense than what is permitted by the current zoning. However, he added that the buildi g is extremely bulky and tall for the area and state again that the area should be down - :zoned. Motion X JJJJ Motion was made to approve Use Permit No. 1959, All Ayes X X X X X subject to the following findings and conditions, i. which MOTION CARRIED: �I -13- November 6, 1980 itv of FINDINGS: Beach 1. That each of the.propo;sed units has been de- signed as a condominium with .separate and individual utility connections. 2. The project complies with all applicable standard plans and zoning requirements for new.buildings applicable to the dis.trict in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate.on -site parking spaces are available for the proposed residential con - dominium development. MINUTES 6. The establishment, maintenance or operation of the use..or building applied for 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 in- jurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan, floor plans, and elevations, except as noted in Condition Nos. 3 and 4. 2. That all conditions of Resubdivision No. 670 shall be fulfilled. 3. That the proposed development shall be de- signed and constructed within the 28 foot height limit as required by Chapter 20..02, B. of the Newport Beach Municipal Code. -14- INDEX C MISSIONERSI November 6, 1980 MINUTES 5 y y City of Newport Beach ROLL CALL INDEX Motion All Ayes 0 4. That all provisions of the Uniform Building Code be met, including the required distance between-the two stairways in each dwelling unit from the third floor to the ground. Motion was made to approve Resubdivision No. 670 X X X X X subject to.the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinan s of the City, all applicable general or specifi , plans and the Planning Commission is satisfie .. with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as re- quired by ordinance and the Public Works Department. 3. That 5 foot. P.C.C. sidewalk be constructed along the W. Bay Avenue Frontage. 4. That the existing drive depressions on W. Bay Avenue be removed and replaced with P.C.0 curb and sidewalk. 5. That all vehicular access to the parcel shall be taken from Vilelle Place.. 6. That each unit have individual sewer laterals and water services unless otherwise approved by the Public Works Department. 7. That a standard subdivision agreement and accompanying surety be provided to guarantee the satisfactory completion of ;public im- provements, if it is desired to' record the parcel map prior to completion of the public improvements. C0MMI551UNEK5� November 6, 1980 w H City of Beach Request to create three parcels of land, two parcels for the Irvine Coast Country Club and related off- street parking lot and a,residual parcel for a use to be determined and the acceptance of an Environmental Document. MINUTES INDEX Item #4 2FSIIR- LOCATION: Portions of Blocks 55 and 93, 4ITHDRAWN Irvine's Subdivision, located at 3Y THE. 1600 East Coast Highway: on the PPLICANT northerly side of East Coast Highway, between Jamboree Road and Newport Center Drive. ZONES: 0 -.S, P -C, and Unclassified APPLICANT: The Irvine Company, Newport Beach OWNER: Same as Applicant ENGINEER: Robert Bein, William Frost & Associates, Newport Beach At the request of the applicant, this request was withdrawn. See letter dated November 5, 1980 from Mr. David Dmohowski of The Irvine Company. The Planning Commission recessed at.8:40 p.m. and reconvened at 8:50 p.m. Consideration of proposed Land Use Plan and Development Policies for the Local Coastal Program. I I I 1 1 1 1 I.INITIATIED BY:. The City of Newport Beach Chairman Haidinger asked staff to explain the revision to the staff report. Planning Director Hewicker stated that a pargraph onPage 3 of the staff report, pertaining to the Banning Ranch was deleted, as it was not considered to be a vital part of the report. -16- OCAL 4MISSIONERS November 6, 1980 MINUTES RD N City of Newport Beach INDEX Chairman Haidinger stated that he anticipated a final vote being taken on the LCP at this meeting. He requested that the staff prepare.a revised report for the next meeting to reflect the changes made at this meeting. Commissioner Balalis stated that his final vote would not include any portion of McFadden Square or marine related uses. Mr. Burnham, Assistant City Attorney, stated that this has_been cleared by the FPPC. He stated that straw votes have been taken on the various issues which have then been incorporated into the final draft. Direct advice has been received from the FPPC that it would be appropriate for each of the partially disqualified Commissioners to vote on the final draft: He stated that their vote would not affect the policies which have already been voted upon. Chairman Haidinger stated that the discussion this evening will be referring to the revised draft Local Coastal Program Land Use Plan, dated November 6, 1980. CIRCULATION POLICIES ICIRCULA- Mr. Bill Frederickson of the Central Newport TI( Parking Committee, appeared before the Commission POl and referred to Page 15 and 16 of the Circulation Policies. Mr. Frederickson stated that they disapprove of the actions of the Commission re- garding University Drive. He stated that the development of University Drive is very important. Mr. Frederickson referred to Circulation Policy 5a) and stated that it would be a mistake to single -out the Bank of.Newport, -which is now providing such a service. ile suggested that the wording in 5a) be .revised, adding "or any.other feasible area" to the policy. Mr. Frederickson asked for clarification on Cir- culation Policy 5c). Commissioner Balalis stated that the potential RV parking is intended to state, the potential RV parking "lot". 0 -17- C MISSIONERS1 November 6, 1980 MINUTES . 3 ` N City of Newport Beach ROLL CALL INDEX Mr. Frederickson stated that in light of their suggestions, the Central Newport Parking Committe would like to commend the staff and the consultan for the revised draft. Commissioner Balalis referred to Policy No. 7 on Page 16 and asked Mr. Frederickson 'if this will present a problem. Commissioner Balalis stated that he had.u.nderstood that the Parking Committee was striving for common parking facilities rather that individual parking facilities for each busi- ness. Mr. Frederickson concurred. Commissioner Balalis suggested wording that Policy No.. 7 read, "All development shall provide adequate offstreet parking to meet the requirements of the Newport Beach Zoning Code, either on -site o:r off - site." He stated that this would enable th.e ability for a parking-district. Mr.. Frederickson stated that they would endorse such a change. NEWPORT BANNING RANCH Mr. Bill Banning, representing Beeco Limited, appeared before the Commission. He stated that he would like to discuss the 50 acres of Beeco property regarding the LCP. At the meeting of October 23rd, the possibility was explored of placing the 50 acres in a planning reserve. Sub - sequent, in a memo dated October 30th, the staff suggested.four conditions that maybe attached to such a planning reserve. He stated that they hav examined the four conditions and find that they are not satisfactory to the property owner for the two following basic reasons: 1) The property is in an expanding oil field, which has continuous drilling that will go on for years to come; and, .2) Approximately 250 acres of the unincorporated property adjoining the 50 acres belonging to Beeco, Limited, is in low -lands which have environmentally sensitive problems,involving flora, fauna, marsh lands, etc. This will probably extend the planning period for an indeterminate period in the future with respect to the LCP. -18- COMMISSIONERS1 November 6, 1980 MINUTES ic 3 0 �D 5 R w City of Newport Beach ROLL CALL I I I I I I INDEX Mr. Banning added that these two points are furthe compounded by the fact that the City has drilling restrictions placed in its Charter which make it difficult for the present oil leasee to expand his operations in the City, if and when portions of the property were to be annexed to the. City. Mr. Banning stated that while they are not in agreement with the proposal in the LCP of 4 dwelli units per acre, they prefer that proposal to that of a planning reserve.; The planning reserve would connect the remaining 457 acres in the County to an indeterminate future. He stated that they are requesting that it be left as is with the under- standing that Beeco Limited is proceeding with developing a plan which is appropriate to the property, including an EIR. Mr. Banning read into the record the following letter directed to the Newport Beach Planning Commissioners, "In.review of the currently.pro posed LCP for the City of Newport Beach, we feel that the land use for our 50 acre property is inappropriate and also inconsistent with the surrounding area: Accordingly, we wish to be on record that we object to the adoption of this portion of the LCP. As you are aware, we have been developing a land use proposal which we believe will comprehensively reflect the oppor- tunities and constraints of this parcel. We will remain in touch with you and your staff as we prepare to submit this proposal. Respectively submitted, Beeco Limited." Commissioner Beek stated that he felt that the staff report and proposed conditions were par- ticularly good. He asked Mr. Banning what con- ditions they are objecting to. Mr..Banning stated that each condition touches either upon the low- land conditions or the oil situation where the economic life of the property is going to be such that it will not be suitable for surface develop- ment for a number of years. He stated that they are preparing to work with the Citytowards a comprehensive' oil solution. Commissioner Beek stated that he did not understand how Condition No. 4, to cooperate with the City in the develop- ment of a phased annexation programfor the Newpor Banning Ranch, would present a conflict. -19- 4M1551UNtK5 November 6, 1980 N City of Newport Beach MINUTES., ROLL CALL I I I I Jill I INDEX 0 0 COMMERCIAL BAYFRONT WALKWAYS Mr. Roland Vallely of Balboa Island., appeared before the Commission. He.stated that he had received a letter from the Chamber of Commerce regarding the Commission's actions on the commer- cial bayfront walkways. He stated that he owns property at the corner of Palm and Edgewater which has a continuous sidewalk that goes down to the waterfront. He stated that he would not be interested in having a five foot legal easemen on it, as there is an implied easement on it now. He stated that he did not understand the purpose in this regard, as owner improvements are costly on sea walls and that they are not about to give waterfront easements away for. nothing. He also stated that private protection for their property must also be considered. Commissioner Thomas read to the Commission Article 10, Section 4 of the California Constitution re- garding Coastal Access. He stated that this may be inconsistent with private property rights, but nevertheless, is in the Constitution. He added that this is a difficult issue. Commissioner Beek referred to Page 10, Item No. 6 and stated that Mr. Vallely has a legitimate con- cern because the existing sidewalk which is approximately 15 feet wide, is not right along the waterfront, but is approximately 20 feet behind the bulkhead. He stated that in his opinion and interpretation, this would form a quite adequate public access to the waterfront. He stated that he felt it is not the intent that the sidewalk be required.to be moved to the bulk- head, but rather it is satisfactory where it is currently located. LAND USE DESIGNATIONS Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Commission. Mr.. Dmohowski stated that their letter of August 14th expresses their concerns for land use designation recommendations on individual parcels. He stated that a letter dated November 6th has been dis- tributed to the Commission emphasizing their concerns. -20- COMMISSIONERS I November 6, 1980 y x N = City of Newport Beach Coast Highway /Jamboree Site Page 49 MINUTES,, Mr. Dmohowski stated that they are requesting, as part of General Plan Amendment 80 -3, that this parcel be redesignated from "MediumDensity Resi- dential" to'Administrative Professional and Financial Commercial ", which is office use. He stated that the justification for this request is that the eventual extension of Backbay Drive from Jamboree Road to Coast Highway behind the existing Mobile Service Station will make the corner parcel. ill suited for residential use due to :traffic and noise impacts. He added that this issue is being addressed as.part of the current LCP process in order to eliminate the need for a, future LCP amendment. Bayview Landing Site - Page 49 Mr. Dmohowski stated that the combination of open space and recreation uses proposed for this site does not allow a reasonable economic use of the property. He stated that recreational vehicle parking is not feasible due to the nearby County owned Newport Dunes, which already provides for such activity. Residential use, as:an alternate, is'not a desirable or.eompa.tible use in this lo- cation. He stated that they are requesting that the entire parcel be designated for "Retail and Service Commercial ". This would allow visitor- serving facilities, such as eating establishments and small shops. Development standards could be incorporated in the zoning phase which would pre- serve existing views from adjacent roads to the maximum extent feasible. Jamboree /MacArthur Site - Text Page 50,, Map. Page 4 Mr. Dmohowski stated that this parcel is near the proposed alignment for the Corona del Mar Freeway. The property is currently designated for a Public, Works Reserve with an alternate secondary use of Retail /Service Commercial and office use. However in the draft LCP at this time, there is no mention of the allowed secondary uses. He stated that it is their belief that it was the intent of the LCP.Advisory Committee in these cases, to allow the approved secondary alternate uses as indicated in the current General Plan to be referenced in the LCP. -21- COMMISSIONERS 7� N 7Cm 7 CALL November 6, 1980 of Newport Beach MINUTES. INDEX : Mr: Dmohowski stated that they are requesting that.the text of the LCP be amended to show that Retail /Service Commercial uses and Administrative Professional.uses be allowed as alternate uses as they are currently for both San Diego Creek parcel;. He added that.the current San Diego Creek descrip- tion excludes roughly 4 acres north of Bristol. Chairman Haidinger stated that an.appropriate way „ to address this problem would be to. reference "the northerly 16 acres" rather than "the northerl 12 acres" in the San Diego Creek description.. Mr. Dmohowski concurred. iv Mr. Dmohowski stated that The Irvine Company is urging the Planning Commission to reconsider its action which deleted the extension of University Drive from the LCP. He stated that this planned road segment is currently part of the City's adopted Master Plan of Streets and Highways and is included in the County's Master Plan. The completion of University Drive is also supported by the cities of Irvine and Costa Mesa. The County "s recently adopted LCP calls for the com- pletion of University Drive as a scenic highway. Mr. Dmohowski stated that the need for additional east /west crossings between Coast Highway and the Corona del Mar Freeway has been well documente in traffic studies dating back to the Voorhees Report prepared in 1973. This need'has been con- firmed more recently in,the County's multi- model study and the City's traffic model study. He thereby suggested that a thorough, technical investigation of both traffic and environmental impacts be done prior to deleting.such an im= portant planned element of the circulation system. Mr. George Thomas of 3.324 Via Lido asked.if it was the Commission's intent to put a 5 foot ease- ment on the bulkhead from the Lido Village area to the sailing club. Planning Director Hewicker • stated that in the event there was a proposal before the City-to redevelop those parcels for -22- COMMISSIONERS November 6, 1980 MINUTES City of Newport Beach ROLL CALL I I I I I I INDEX a new use or to expand upon the existing use, this would be a possibility. He stated that it would have to be consistent with public safety. The intent of the. policy is to get a uniform public access around the bay. He stated that the only place where there is not an easement at the present time, is on those properties for residential uses or those properties with a mixture of residential and commercial uses. Mr: Latham Perkins of Newport Beach appeared be- fore the Commission and referred to Page.41 and 4 of the draft LCP. He asked if a boat yard remain in operation on a yard, can an office building be built on the back half of the yard. Mr. Lenard stated that this was correct. Commissioner Allen referred the Commission back to the policy on the continuous access easement and stated that she would like to add a point of clarification. She stated that at the zoning and implementation phase, an aerial photograph of the waterfront in this area and the Rhine Channel could be used as a map in delineating where the existing easements are located and where access . currently exists. She stated that in doing so, the exact areas would be delineated as to where access would need to be increased as the pro - perties redevelop. Chairman Haidinger asked if the policy she is suggesting could be :worded as follaWS: "That the City will develop a plan for providing a walkway.." Commissioner Allen stated that this;wou.ld be.a possibility. She stated that- withAhe walkway/ bikeway on the end of the Peninsula deleted, this proposal offers the opportunity to provide access along the waterfront, and conformance with the Coastal Act. She stated, that she intends a walk- way along the bay in commercial areas and that the general vicinity needs to be delineated. Commissi.aner Balalis stated that he was not in agreement with Page 10, Item No. 6 where the policy states that the City shall also require vertical access.easements. Commissioner Allen stated that her intention is for a useable walk- way along the bay as the properties redevelop. -23- COMMISSIONERS November 6, 1980 x 8i y 9 1 City Of Newport Beach MINUTES INDEX . Chairman.Haidinger suggested that Page 10, Item No.. 6 read as follows: The City of Newport Beach shall require the granting of access easements in all new commercial waterfront developments in order to establish continuo -us access along the bay in commercial areas, except where such pro- vision is impractical or inconsistent with public safety. The City will develop a plan for the installation of, or requirement of this walkway." He stated that by doing so, the Commission can proceed to.develop such a plan. Commissioner Allen stated that the wording "as the property redevelops" needs to be included. Chairman Haidinger concurred. Mr. Latham Perkins asked the Commission who would carry the public liability and insurance costs for such a access easement next to a boat yard business. Chairman Haidinger stated that in cases such as this, it would.not be consistent with public safety and therefore would not be required. Chairman Haidinger stated that the suggestion by Commissioner Allen on redevelopment of the pro- perties, would be covered by the wording, "all new commercial waterfront developments" which would be included in the policy. Motion X Chairman Haidinger proposed the following.motion: "The City of Newport Beach shall require the granting of access easements in all'new commercial waterfront developments in order to establish continuous access along the bay in commercial areas, except where such provision is impractical or inconsistent with public safety., The City will develop a plan for implementing this policy.' Commissioner Allen asked how the aerial photo maps are to be obtained. Chairman Haidinger stated that this would be a direction to staff, but not to be included in the motion. Commissioner Balalis stated that with the mixture of residential and commercial uses along the bay - front, will in certain cases, have a problem in obtaining lateral or vertical.access on residential properties. Commissioner Allen stated that the -24- COMMISSIONERS November 6, 1980 MINUTES: d 3 In y City of Newport Beach L 7TTT7 I INDEX PUBLIC PROPERTY LEASEHOLDS PUBLIC PRf1PFR Commissioner Thomas referred to Page 10, Item No. 4 under Public Property Leaseholds. He stated that at the time this policy was discussed by the Commission, it was decided to establish a fund for administering this purpose, which would be separate from the General Fund. Commissioner McLaughlin asked staff how a fund such as this is handled. Planning Director Hewicker stated that the intent of.the motion was to make sure that a separate fund was established -25- whole intent of this policy is to avoid a walkway in front of a residential use. Commissioner Balalis stated that many residences are in commer- cial zones. Chairman Haidinger stated that if the walkway is determined to be impractical in certain areas, it will not be done. .Commissioner Beek stated that he feels that there is nothing objectionable to a walkway in front of a house. Amendment X Commissioner.Beek stated that he would amend the motion by adding the sentences that were deleted, "These access easements shall be a minimum of five feet in width, run parallel to the bulkhead line, and be as near to the water as is practical. The City shall also require vertical access ease- ments from the nearest existing public roadway or walkway to the waterfront access easements, except.where adequate access already exists nearby," with the remainder of Chairman Haidinger's motion intact. Commissioner Balalis stated that he would not be in favor of providing vertical access easements. Ayes K X X The Commission now voted on Commissioner Beek's Noes X X X Amendment to Chairman Haidinger's motion, which MOTION FAILED. Ayes X X X X X Chairman Haidinger's original motion was now voted Noes on, which MOTION CARRIED. PUBLIC PROPERTY LEASEHOLDS PUBLIC PRf1PFR Commissioner Thomas referred to Page 10, Item No. 4 under Public Property Leaseholds. He stated that at the time this policy was discussed by the Commission, it was decided to establish a fund for administering this purpose, which would be separate from the General Fund. Commissioner McLaughlin asked staff how a fund such as this is handled. Planning Director Hewicker stated that the intent of.the motion was to make sure that a separate fund was established -25- November.6, 1980 City of Newport Beach MINUTES INDEX and that the funds were spent for Coastal Act purposes. He stated that he did not know if the funds would have to be spent within the year they were collected. Commissioner Thomas stated that the Commission had asked at one point for the City Manager's comments on this issue. Planning Director stated that the fund would have to be consistent with State laws. Chairman Haidinger suggested wording that, "The monies shall be segregated in a .Coastal Fund and be used for acquisition and maintainence. . Commis.sioner Thomas concurred with this wording and suggested that a yearly report on the fund be made to the Commission. Motion X Motion was made to revise the wording as follows: All Ayes X X X X ( X X "When leases are renegotiated, they shall be at full market value. The monies shall be segregate in a Coastal Fund and be used for acquisition and maintence of coastal properties to provide uses consistent with the Coastal Act, such as small boat lauching facilities, acquisition of environ- mentally sensitive habitat areas, and other uses which may be consistent with the tidelands trust provisions." which MOTION CARRIED. CIRCULATION POLICIES CI I Commissioner Thomas referred to Page 15, Policies PO 5a) and.5c) and made the - following, 'motion: Motion X Motion was made to revise the wording of 5a) and All: Ayes X X X XK X X 5c) as follows: "5a) Corona del Miar.State Beach and the surrounding.area from the existing ter- minal at the Bank of Newport, or any other feasible area." "5c) A shuttle along Balboa Peninsula using the current recreational vehicle parking lot below Hoag Hospital. which MOTION CARRIED. -26- ax N 7 November 6, 1980 7 Z Beach ENVIRONMENTAL POLICIES Commissioner Thomas referred to Page. 21, Item No. 3. He suggested that the wording from the October 23rd minutes, page 25 be used for Item No. 3 as follows: "That facilities that have been constructed specifically for desilting sediment control shall be exempt from environ- mentally sensitive habitat regulations." MINUTES INDEX ENVIRON- MENTAL POLICIES Chairman Haidinger asked Commissioner Thomas for clarification on his suggestion. Commissioner Thomas stated that everything leading into the bay is a drainage course. He stated that under the current wording in Item No. 3, the Newporter North /John Wayne Gulch Marsh, which is a drainage course, could be maintained for sedimentation basins and other related facilities. He suggeste that possibly the wording "maintaining man -made drainage facilities" be used in Item No. 3. Commissioner McLaughlin stated that she had under stood that this is the language that staff was to proposed for maintenance Planning Director Hewicker stated that one of the major concerns of staff is that there were certain facilities that had been required by the City to maintain drainage and sedimentation. He stated that if these can not be maintained for purposes for whit they were intended, this would be a problem. Commissioner Cokas asked staff if they were also concerned with the natural drainage courses. Planning Director Hewicker stated.that in some cases, the natural drainage courses have been aided and abetted by man to keep them open. Commissioner Beek stated that:he did not see a problem with Item No. 3 as it stands, in keeping the facilities in a safe condition. Commissioner McLaughlin stated that the manner in which it is to be cleaned could be a problem; for example, with a bull dozer, is not acceptable in an envir- onmentally sensitive area. Commissioner McLaughlin suggested wording, "That the maintenance be done in a manner'that produces -27- COMMISSIONERS m M f CALL Motion November 6, 1980 of Newport Beach MINUTES minimal damage to the environmentally sensitive areas." Commissioner Thomas stated that this is the.intent of the environmentally sensitive habitat provision, not for example;;to bull doze an endangered species plant to maintain a drainag course. Commissioner Cokas suggested added..wording that, "The maintenance shall be performed;in a manner that will minimize environmental damage." Motion was made that Item No. 3 be replaced as follows: "Maintenance of drainage.courses and facilities, sedimentation basins and other re- lated facilities; necessary.to keep them in a saf and effective condition, shall be conducted in a manner to minimize environmental damage." Commissioner Balalis asked staff if this proposed wording would be acceptable. Mr. Don Webb stated that he was in agreement with the original wording which indicates.that Policies 1 and 2 are not intended to prevent the maintenance. He stated that just a statement that they be main - tained in a,s easy of manner as possible and still taking care of the environment; may not be pos- sible in all instances SubstitutE Substitute motion was made to leave Item No. 3 Motion X as is, and add the words, "with as minimal impact on the environment as possible." AcceptanCE Commissioner Beek stated that he would accept the substitute motion. Commissioner Allen stated that there.has been no discussion as to what was acted upon originally at the October 23rd meeting. She asked if there was a problem or an objection to the original action of the October 23rd meeting. Chairman Haidinger stated that he understands the proposed policy better than the original policy. Commissioner Thomas stated.that he is not wanting to make any new changes, but in evaluating the report to the minutes of the.previo;us meetings, he is wanting the report to.reflect' what has been passed at previous meetings. mum COMMISSIONERS I November 6, 1980 d In y Ni City of Newport Beach MINUTES!'' INDEX Ayes! X X X XK X Substitute motion was now voted on which MOTION Noes. CARRIED. DREDGING, DIKING AND FILLING Commissioner Thomas referred to Page 23, Item 3d) and.stated that this should be replaced with the action of the Commission as found on Page 33 of the October 23rd minutes as follows: "That a bond or a c:ontractural arrangement be a pre- condition- to:the removal of the material and that final disposal of the material on the approved dump site be accomplished within the time period specified in the permit." Commissioner Beek stated that The Irvine Company has.given permission to the Fish and Game Depart- ment to dewater silt from the upper bay, adjacent to San Diego Creek, provided that the Fish and Game Department guarantees that they will remove the spoils. He stated that there is no way to guarantee that the State will appropriate this money, therefore a bond would have to be posted to guarantee same. He stated that since the private property owners are now requiring such guarantees, it would be appropriate for us to do also. Comm.is.sioner Balalis stated that a condition to guarantee the removal. is different than requiring a bond. He stated that if a contractor is re- quired to obtain a bond, his costs will be pro- hibitive. Commissioner Thomas stated that the wording "or a contractural arrangement" should satisfy this concern. Commissioner Beek stated that the wording "remova of the material" does not relate to. "the dewateri of the material within the drainage area." Commissioner Thomas stated that per•haps.the word "removal" should be replaced with the word "deposition ". I Mr. Webb stated that the October 23rd motion in- cluded 2d) with the addition by Commissioner. I 1111 I Thomas. Commissioner Thomas concurred. -29- COMMISSIONERS November 6, 1980 MINUTES 3 City of Newport Beach ROLL CALL INDEX Motion: X Motion was made that the revised wording for 3d) Ayes X X X X X be as follows: "Temporary dewatering of dredged Abstain X spoils may be authorized within the Bay's drainag if adequate erosion controls are provided and the spoils are removed. A definite time period shall be extablished for removal. A bondor a con - tractural arrangement shall be a pre- condition to the deposition of the material and that final disposal. of the material on the approved dump site be accomplished within the time period specified in the permit." which MOTION CARRIED. CIRCULATION POLICIES IRCULA- ION Commissioner Allen referred to the map on Page LICIES 13 and asked if it would be appropriate to amend the General Plan or to leave the map out. Mr: Webb stated that most of the changes are outside of the Coastal Zone. Chairman Haidinger stated that any changes made should be incorporated in the LCP. Mr. Webb stated that the only change in the Coastal Zone would be the addition of Univer- sity Drive in the City of Irvine. Motion X Motion.was made to revise the LCP O rculation Ayes K X X X K X System Map to re- fleet any General Plan Amendments Abstain X that may be made later tonight, which MOTION CARRIED. VIEW POLICY VIEW POLICY Commissioner Thomas referred to Page 50, 5th paragraph and- stated that the last sentence of this paragraph should be consistent with the view policy as adopted. Motion Motion was made to revise the wording as follows: All Ayes K X X X YX "Views from Irvine Avenue shall be consistent with view policy language previously adopted in this plan." which MOTION CARRIED. -30- 0 Motion X 0X November 6, 1980 of Newport Beach ENVIRONMENTAL POLICIES MINUTES Commissioner Thomas referred to.environmentally sensitive habitat areas and stated that there is a management plan and map approved by the Fire Department which is used to manage the undevelope parcels for sediment control, fire abatement and. habitat control. He stated that the map should be incorporated into the LCP as the management map. He. stated that the map is developed subject to the policies of the Fire Department and basic- ally calls out how to treat.vacant lands around the bay. Planning Director Hew.icker stated that by in- corporating this map by reference, would be tying the hands of the Fire Department of having to change the LCP to change the management plan. Commissioner Thomas stated that by incorporating the.pre >sent management procedures into the LCP that goes along with the map, would not be lockin it in. He stated that this will show.that we have a plan and a management strategy maintaining local control. X Motion was made that the map and the policy lan- guage be incorporated in the Environmentally Sensitive Habitat section of .the LCP under the management section. Chairman Hai`dinger stated.that he is concerned with a.ddi:ng a policy that has not be previously discussed. Mr. Dave Dmohowski, representing The.Irvine Company stated that they have had good success working with the Fire Department regarding maintenance activities including sediment con- trol and.fire prevention on the undeveloped parcels. However, he stated that they would not be in favor of this policy, because,they have not had an opportunity to review the map which is being proposed for the LCP. He also stated that they would prefer that the issues of erosion control and fire prevention be separate from that of habitat maintenance. He stated that they were. not sure that the Fire Department's program takes the habitat issue fully into account. -31- r INDEX ENVIRON- MENTAL 'OLICIES COMMISSIONERS �s � d November 6, 1980 of Newport Beach MINUTES Planning Director Hewicker stated that the Fire Department and the Fire Prevention Bureau is charged with the responsibility, under the Munici pal Code, for the abatement.of weeds. The City recently amended the Ordinance to require that the Fire Marshal and the Fire Chief exercise certain practices with respect to the undeveloped sites which serve as tributaries to the bay, so as to cut down -:on the sedimentation.. He stated that the Fire Chief has worked out with the owner of the property; the practices that will be followed in maintaining the weeds. He stated that by making this a part of the LCP, it would necessitate going to the State Coastal Commission in the event a new or.better practice would be proposed. He added that this would be an un- necessary administrative burden. Commissioner Thomas stated that by integrating the existing management procedure, a change would not be .tied into the State Coastal Commission. He stated that all it does is to show.that we do have a management plan that is followed on a con - sistent basis and can be changed when needed unde the Ordinance. I I 1111 ICommissioner.Balalis stated that he would.not like to see the State Coastal Commission make the final I c of these practices. Ayes [jXjXjXjJXjXj1otion by Commission Thomas was now voted on, Noes which MOTION FAILED. ENVIRONMENTAL POLICIES Commissioner Balalis referred to Page 21, Item 4 and stated that he.would like to propose wording las follows: Motion X Motion was made that "Use of the upper Newport Ba for a desalting facility is not acceptable as a long term solution. Commissioner Beek stated that the language of the October 23rd minutes should be kept.as is, a lot of time was spent developing it and:it is good. -32 SEX IRON- COMMISSIONERS aJ H W N Addition t the Motion Substitute Motion November 6, 1980 of Newaort Beach MINUTES Commissioner Allen asked Commissioner Balalis if his motion included the suggestion by Commissione Cokas that "A better solution has to be found." Commissioner Balalis concurred. Commissioner Beek moved fora substitute motion that the language of Commissioner Cokas be adopted by itself, "A better solution must be found." Commissioner. Thomas stated that in order to chang this properly, there should be a motion to re- consider the prior adopted language. Chairman Haidinger stated that either approach is reasonab as there is some disagreement on the prior adopte language. Commissioner Beek stated that the use of the uppe Newport Bay as a desalting facility, either short term or long term is unacceptable. ;Short term becomes- long term because the necessary permits to truck the silt away and.the money may be diffi cult to obtain: He stated that it should be made clear that it is unacceptable under all circum- stances. Chairman Haidinger stated that the subs.ititu.te motio -n by Commissioner Beek before the Commission is to add to the text in the LCP that "A better solution•must.be foun -d." If this motion fails, the motion by Commissioner Balalis would then be considered. Ayes X X Y X Substitute motion by Commissioner Beek was now Noes X X X voted on, which MOTION CARRIED. Chairman Haidinger stated that the motion carried and the wording now is, "The use of upper Newport Bay for a desilting facility is unacceptable. A better solution must be found." Commissioner Beek stated that he would like to change Page 21, Item No. 4 from "tidal prism of to "tidal currents within ". Mr. Lenard - stated that the tidal prism is the area between the-low and high tide. -33- INDEX. COMMISSIONERS '_L CALL November 6, 1980 Of Beach i i Motion K Motion was. made to change "tidal prism of" to All Ayes X X X XK X X "tidal currents within ", which MOTION CARRIED. MINUTES INDEX -34- ARCHEO /PALED ARCI PALI Commissioner McLaughlin asked where the Archeo / Paleo section was located. Commissioner Thomas referred her to Page 26, Cultural Resources. Mr. Lenard stated that at the last Commission meeting, it.was determined that rather than adopting all of the Archeo -Paleo guidelines in the La.nd`Use Plan, it would be more appropriate to consider these in the zoning andiimplementatio phase. Staff designed this general language under Cultural Resources to comment on the Archeo Paleo issue. Motion X Motion was made to define Cultural kesources as All Ayes X X X. X X X "Archeological, Paleontological and Historical Resources," which MOTION CARP.IED. NEWPORTER INN 'SITE NEW INN Commissioner McLaughlin referred the Commission to Page 49, the Newporter Inn site and stated that she would like to see the wording "and allow expansion if needed" deleted. Motion All Ayes X X X X X N Motion was made that the wording "and allow ex -. pansion if,needed" be deleted from the wording of the Newporter Inn site, which MOTION CARRIED. CIRCULATION POLICIES ' CIR TIO Chairman Haidinger referred to Page 16, Item No. PNL 7 and suggested wording that "All developments shall provide adequate off- street parking, off - site or on —site, to meet the requirements of the Newport Beach Zoning Code." -34- COMMISSIONERS Fi! N 7vw 7 November 6, 1980 MINUTES. N of Newport Beach iND USE .SIGN - AND USE Commissioner Beek stated that Item No. 7 is absurd, because in essence, we are passing a law that states that we must obey the law. He suggested that the sentence end.after the word "parking" Commissioner Balalis clarified Commissioner Beek' suggestion by remising the sentenceas follows: "All development shall provide adequate on -site or off -site parking." Commissioner Beek and Chairman Haidinger concurred. Motion X Motion was made to revise Page 16, Item.No. 7 as A11IAyes X X X XK X X follows: "All development shall provide adequate on -site or off -site parking." which!MOTION CARRIE LAND USE DESIGNATIONS •! Chairman Haidinger referred to Page 42 and stated that he would like restaurants.to be included as a possible waterfront use. He.stated that he enjoyed restaurants on the waterfront. Motion X Ayes X X Motion was made to move restaurants, from Item II, Abstain X X C -3 to Item II, B -4, which MOTION FAILED. Noes X X LAND USE PLAN Chairman Haidinger referred to Page 50 and Mr. Dmohowski's- previous comments on San Diego Creek in changing "12 acres" to read "16 acres ". Mr. Lenard stated that as an alternate, consis- tent with the Land Use Element, a separate site for the Jamboree /MacArthur site has been carried forward with the language adopted in General Plan Amendment 79 -1. He stated that perhaps the primary use and secondary use should be included in the separate designation. Motion X Motion was made to include a separate area de- A* Ayes X X X YX X X scription for the Jamboree /MacArthu� site with the primary and.the secondary use indicated, whit MOTION CARRIED. * * x -35- iND USE .SIGN - AND USE COMMISSIONERS November 6, 1980 MINUTES w m 5 y y L City of Newport Beach PRO "LC ALL INDEX Commissioner Balalis referred to Page 46 and asked how the Recreational /Marine Commercial designation affects inland lots in Cannery Village with regard to use permits. Mr. Lenard referred to the language on Page 42 and stated that the Recreational /Marine Commercial definition speaks specifically to non- waterfront lots. He stated that the use permit requirement for office uses would still be required, but it would not have to be.provided in conjunction with an incentive use. In addition, speciality shops have been added as an out -right permitted use. Motion All Ayes Commissioner Balalis asked if the inside lots in Cannery Village can be developed without a use permit. Ms Temple stated that a retail speciality shop could be developed without a use permit, but an office would still require a use permit. An upstairs residential use would also require a use permit. Chairman'Haidinger complimented the.!Planning Commission and the staff for their combined ef- forts and diligent work on the Local Coastal Prog m. Commissioner Thomas stated that the:Commission shoul& forward to the City Council a letter stati that the Commission's efforts represents signifi- cant _compromises and consensus on many very difficult issues. He stated that he would hope that the City Council would maintain this approac on dealing with these issues, because with a radical change to anyone portion, the balance of the efforts may be lost. Motion was made that the Planning Commission ap- pro.ve:the current Local Coastal Program as modi- fied on November 6, 1980, and adopt Resolution No. 1057 recommending the draft Local Coastal Program Land Use Plan and Development Policies to the City Council, which MOTION CARRIED. -36- X w. S�In�y� November 6, 1980 z Beach MINUTES ROLL CALL INDEX General Plan Amendment 79 -2 Item #6. INITIATED BY: The City of Newport 'Beach GENERAL` -- oi am Planning Director Hewicker suggested that if the Planni.ng Commission decides to approve this General Plan Amendment, the suggested action would be to approve la) as found in the staff report; lb) that the EIR has been reviewed and considered by the Planning Commission in making the recommendation on the project; to delete lc)a 2); and, to adopt,a Resolution approving the amendments. Mr. .Don Webb, Assistant City Engineer, distribute to the Commission a memo dated November 6, 1980, which defines the lanes in a couplet. He suggest- ed that the definition be added to the amendment to clarify the couplet designations on the plan. The definition would be as follows: Secondary Couplet: 2 lanes for each leg Primary Couplet: 13 lanes for each leg Major. Couplet: 4 lanes for each leg. Mr. Webb stated that the number of lanes would be considered to be the through lanes with added turning lanes being provided where necessary at intersections. These proposed designations are consistent with the two couplets now proposed to be shown on the Master Plan map. He stated that they map legend will be modified to include the couplet designations if they are approved. The public hearing was opened in connection.with this item and Mr. Dave Dmohowski of The Irvine Company, appeared before the Commission and stated that they concur with the staff recommen- dation that the northerly alignment, north of San Joaquin Hills Road be included in the Master Plan of Streets and Highways. Commissioner Thomas asked what the rationale was for designating roads in the Master: Plan, which are in other cities. And, if in fact, there was jurisdicti.on,.,. legally to do so. Mr. Webb stated COMMISSOMRS November 6, 1980 F City of Newport Beach that this particular map tries to i the other agencies have shown on th stated that the Environmental.Docum that these particular roads are out City and that the designations of t are being utilized. Chairman Haidi that is would be considered an info Mr. Webb concurred. Commissioner Thomas asked if Item N map was the City of Irvine's design Webb stated that this was correct. stated that this is the existing Un which is presently constructed at f but they have designated it for six MN*,.ITES dicate what it plans. He nt indicates ide of the e other citie ger stated mation matter ..10 on the tion. Mr. Mr. Webb versity Drive ur lanes; lanes. Commissioner Allen asked if the General Plan Amen ment takes action on the intersecti)n configura- tion. Mr. Webb referred to the sta f.report, page 5, la) of the suggested action and stated that is refers to the construction f the Avocado •,MacArthur Boulevard couplet from Sai Joaquin.Hi.11 Road northerly, as described in. "A1 ernate A ". Motion X Motion was made that the Planning Commission accept and approve the environmental document with the following findings: a) That the environmental document for General Plan Amendment 79 -2 and the c nstruction of the Avocado /MacArthur Boulevard couplet from San Joaquin Hills Road n rtherly, as described in "Alternate A ", is complete j and has been prepared in compliance with the California Environmental Juality Act (CEQA), the State EIR Guidelines, and City Policy. b) That the EIR has been reviewed and con- sidered by the Planning Commission in making their recommendation on the project; and, that the following definition be added to the amendment to clarify the couplet designations on the plan: Secondary Couplet: 2 lanes for a ch leg • Primary Couplet: 3 lanes for each leg Major Couplet: 4 lanes for each leg i -38- n 2 o p, N 7C N Ayes Noes • November 6, 1980 Lill Beach MINUTES and, adopt Resolution 1058, recommending approval of the.amen:dments to the Circulation Element- Master Plan of Streets and Highways of the Newport Beach, General Plan (General Plan Amendment 79 -2) to the City Council.,..... which MOTION CARRIED. Request to consider an Amendment to Titles 19 and 20 of the Newport Beach Municipal Code as it per- tains to the mailing.of Public Noti F es for Vari= antes, Use Permits, Zone change and similar applications to occupants and resid nts of pro- perty within a prescribed distance f a property, and the acceptance.of an Environmen al Document. INITIATED BY: The City of Newport Peach. Planning Director Hewicker discusse ground of this proposed amendment a he would like the Commission's dire issue. He added that the current.p not practical in many situations an the staff report examples. Planning Director Hewicker referred to the staff report's suggested opt that the Commission may want to con mending to the City Council that th of mailing notices to the owners of reinstated, because.in addition to notices, the property is posted and public notices are published in the Commissioner Balalis concurred and the position has been taken in the the case is extremely important, th been directed to place adds in the inform the public. Commissioner Co and stated that there have been ver from people that they have not been Commissioner Thomas stated that p been so few complaints, because t not know and were not notified of -39- the track d stated that tion on this ocedure is referred to the Commissio ons and state ider recom- past procedu the property hese mailed in some cases newspaper. tated that ast, that if staff has ewspaper to as concurred few complain notified. aps there ha people Bid e proposed INDEX Item #7 AMENDMENT NO. 548 CONTINUED TO NOVEM- BER 20, 1980. November 6, 1980 X 5. 3 1 City Of MINUTES ROLL CALL I 1 1 1 1 1 1 1 I INDEX 0 changes. He stated that perhaps the minimal residential notification requirement should be utilized. He stated that the Commission should take into consideration, the best interest of the people involved. Commissioner Beek stated that adequate public notice has not been given in many cases. He stated that the turn -out at the City Council meetings are much greater than that!of the Com- mission, which indicates that word takes awhile to get around. However, he also stated that adequate notice should be achieved without over- kill. He suggested that notices be :required to be given to the nearest 25 occupants. If there are not 25 residents within the 3001foot radius, it would not be necessary to go beyond that. He added that there would be no point in notifying more than 50 occupants at the most.' Commissioner McLaughlin asked if he meant 25 in one direction, or 25 total. ,Commissioner-Beek stated that he meant the nearest 25 dwelling units to the projec Commissioner Balalis stated that quite conceivabl Commissioner.Beek's suggestion would still not give adequate public jotice in all cases. Motion X Motion was made that the existing regulation on mailing public notices is fine; andto recommend to the City.Council that Amendment No. 548 be denied. Commissioner Thomas stated that this is an ideal opportunity to get more people involved. He suggested that this item be continued to the next meeting or the study session. Substitute Substitute motion was made to continue Amendment Motion X No..548 to the November 20th meeting, which Ayes X YX X MOTION CARRIED. Noes X X X Commissioner Thomas directed staff to include this item in the study session agenda. • 11111111 -40- ROLL CALL November 6, 1980 w N City of Newport Beach MINUTES Request to consider an Amendment to Chapter 20.73 of the Newport Beach Municipal Code as it per- tains to the number of surveys taken by the City in conjunction with the establishment of vacancy rate of multiple - family dwellings being offered for rent or lease in the City, andthe acceptance of an Environmental Document. INITIATED BY The City of Newport Beach Planning Director Hewicker stated that this appli cation is a proposal to amend the Municipal Code so as to require one, rather than two, rental housing surveys each year. Chairman Haidinger asked how much money this proposedlamendment may save. Planning Director Hewicker Stated that approximately $1,200 may be saved by this action. Chairman Haidinger stated that it would appear • that there would be some fluctuation in the vacancy rate from the months of April and October Planning Director Hewicker stated that in the two previous surveys, the fluctuation was approximate one -half of a percent. Commissioner Balalis stat that these months were chosen carefully to elimin the summer rentals. . Motion was made that the Planning Commission accept the Negative Declaration, approve Amendmen No. 552 and forward to the City, Council as follow Chapter 20.73 Residential Condominium Projects 20.73.010 - DEFINITIONS. The following terms uses herein shall have the meanings indicated: A. CONDOMINIUM. - No changes proposed. B. ORGANIZATIONAL DOCUMENTS. Nofchanges propos C. PROJECT. - No changes proposed! D. UNIT - No changes.proposed. E. VACANCY RATE. - The term "vacancy rate" shall mean the number of vacant multiple dwelling being offered for rent or lease in the City of Newport Beach shown as.a percentage of the total number • of multiple dwellings offered for or under rental or lease agreement in the City. Said vacancy -41- INDEX NDMENT.. 552 COMMISSIONERS November 6, 1980 . MINUTES 3 � � I F 18 3 City of Newport Beach ROLL CALL INDEX rate shall be as established tw *ee once each year, in 9eteber -amd April,;by survey of 15% of the City's rental units. All Ayes X X X XK X Motion was now voted on, which MOTION CARRIED. * * x ADDITIONAL BUSINESS DDITIONAL USINESS Commissioner Beek suggested that the City Attor- ney's Office draft an Ordinance onjvalet parking. Commissioner Balalis suggested that a letter be sent to the City Council requesting that this be done. Motion X Motion was made to request the City Council to All Ayes X X XK X direct the City Attorney's Office to draft an ordinance on valet parking, which MOTION CARRIED. • Commissioner Beek stated that he has spoken to two of the architects that are having.trouble with the new parking standards. He stated that it was his intention that the residential development directl above a garage that is permitted to encroach to . within 26 inches of a side property line may also maintain the same encroachment without the require ment of .a separate variance. However, he stated that the staff has interpreted theordinance differently. Planning Director Hewicker stated that it may take'an amendment to the Zoning Code to change this interpretation, or direction from the Com- mission. He stated that complaints and opposition have been received from various architects on this issue. Commi.ssioner Balalis stated that originally, this amendment was created to eliminate problems, yet it has seemed to cause more problems. Perhaps a new policy needs to be developed on this issue that these particular cases would mot have to go before the Modifications Committeefor approval. Planning Director Hew icker.stated that the staff could be directed by the Commission to handle the encroachment issue. -42- COMMISSIONERS Fii, 5' �' n ROLL CALL Motion All Ayes • 0 Ulm i November 6, 1980 MINUTES City of Newport Beach INDEX Motion was made that where, underthe.Parking Ordinance, a garage is permitted to encroach to within 26 inches of a side property line, the resi.dential development above said garage may also maintain the same encroachment without requiring a sepa ate modificationjor variance. This applies to he length of the ;garage only, which MOTION CARRIED. There being no further business, the Planning Commission adjourned at 11:15 p.m. I George Cokas, Secretary Planning Commission City of Newport Beach -43-