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03-01-1983 - Agenda
0 • • ' CITY OF NEWPORT BEACH _PARKS, BEACHES & RECREATION COMMISSION 4 REGULAR MEETING HELD TUESDAY, MARCH 1, 1983 CITY HALL COUNCIL CHAMBERS 7:00 .P.M. I. PROCEDURAL MATTERS 1. Call to Order 2'. Roll Call 3. Approval of Minutes - Meeting of Tuesday, February 1, 1983 4. Adoption of Agenda II. ACTIOR ITEMS 5. Special Recognition Awards —Boys Basketball 6. General Plan Amendment 81 -2 - Report and Recommendations Attached. 7. Body Surfing Area Between 40th and 44th Streets - Report Attached. III. DISCUSSION ITEMS 8. Marinapark Study (Preliminary Report Attached) IV. INFORMATION REPORTS 9. Recreation Division ('Report Attached) 10. Park and Street Tree Division (Report,Attached) 11. City Council Actions on Parks, Beaches & Recreation Matters (Verbal Report) V. SPECIAL, URGENT OR LAST MINUTE ITEMS VI. ADJOURNMENT • Motion Seconded Ayes Motion Seconded Ayes Motion Seconded Ayes Abstain: MR "�-- CITY OF NEWPORT BEACH Item 3 Parks, Beaches & Recreation Commission February 1, 1983 City Council Chambers 7 a.m. INDEX Ex Officio member present: Ronald A. Whitley, Director Staff present: Jeffrey C. Kolin, Rec. Supt. Jack Brooks, Park Supt. Pat Temple, Planning Dept. Dottie Flohr, Secretary I. PROCEDURAL MATTERS Item #1 The meeting of the Parks, Beaches & Recreation Commission Call to Order was called to order at 7:06 p.m. Item #2 Roll call was taken. Capretz, Cohen, Cole, Hopkins, Morin Roll Call and Stuart were present. Ammerman was absent. Item #3 x Motion was made by Morin and seconded by Capretz to approve Approval of x the minutes of the January 4, 1983 meeting. Minutes x x x x Item #4 x The agenda was adopted as presented. Adoption of x x x x x Agenda II. ACTION ITEMS Item #5 - Review and Recommendation on'" Proposed Neighborhood Proposed and View Parks for a POrt1OF f General Plan Neighborhood' and View Amendment 81-2 Parks x Ron'Whitley briefly reviewed the background of the General x Plan Amendment 81 -2 as it relates to the Fifth Avenue x x x Parcels (Parcels A, B, and C) in Corona del Mar. Pat x Temple from the Planning Department clarified the issues to be decided upon and answered questions of the Commission. She emphasized that the Planning Commission is asking the Parks, Beaches & Recreation Commission to make recommenda- tions on neighborhood.and view park designations on the Recreation and Open Space Element of the General Plan and, when approved by the Planning Commission and City Council, the recommendations will constitute an amendment to the General Plan. ,3 CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 2 City Council Chambers 7 p.m. INDEX Chairman Stuart then opened the meeting to public testimony. Ronald Kennedy, 550 Hazel Drive, addressed the Commission. He asked that the C'ommi'ssion determine exactly what green belt areas and parks are needed before any trading is done and, with this in mind, that we not lose any of these green belt areas. Mr.'Dick Nichols, President of the Corona del Mar Community Association, addressed the Commission. He questioned the legal status /ownership of Parcel A and asked that this be clarified. Pat Temple responded by saying there has been no reference in her research of any dedication or easement recorded across the property and explained the zone change amendment. Mr. Nichols also mentioned the need for more parks and expan- sion of the park at OASIS, particularly for soccer and football field use. He emphasized that we should not accept in lieu fees for the park land. Mr. Nichols also said that Parcel C is mainly comprised of•slopes and that we should make sure funds are available for "useful" parks. • Ron Covington, 707 Orchid, addressed the Commission regard- ing the disposition and ownership of Parcel A. He, too, emphasized the great need for usable park space and that we do not accept.in lieu fees. Dick Succa, 715 Marguerite, addressed the Commission and questioned the requirements by the City concerning dedication of land to open space, particularly, in the Harbor View area. Pat Temple re- sponded by saying there are no Conditions of Approval and that the green belts are owned by the Community Association,' not the City. Mr. Succa also expressed his concern about the usable park areas and the fact that there is no soccer field'in Corona del Mar. Dr. Brenda Ross of 10 Summer Wind Court addressed the Commission. She, too, asked the Commission to look at the whole City and the,need for more parks, particularly in the Corona del Mar and West Newport areas. She also stated that the present facilities at OASIS will not be sufficient for very long and, for this reason, asked that .the open space in Parcel B be considered for expansion. Sue Ficker, 110 9th Street, addressed the Commission and said there is a shortage of ,open space and that we should not accept in lieu fees in place of land. She, too, asked that a total study of the City be made so we will have all the factors. • Chairman Stuart then closed the public testimony. Discus= sion followed and Morin motioned the matter be continued to their next meeting of March 1 to enable staff to provide answers to questions that resulted from Commission and public discussion on the issue. Cole seconded. Motion 3 carried. Li CITY OF NEWPORT BEACH arks, Beaches & Recreation Commission Page 3 City Council Chambers 7 p.m. INDEX Item #6 - Utilization of Riverside Scout House Utilization ' of Riverside Motion x Ron Whitley gave a brief history of the Scout House, its Scout House Seconded x present hazardous and shabby condition and alternatives as Ayes x x x x to its future use and /or utilization by the Friends of the Newport Theatre Arts Center (NTAC)., Jack Brooks also added input concerning the park area. Chairman Stuart opened the meeting to public testimony. Dick Brady, President of the Friends of NTAC, addressed the Commission. He'stated their problems concerning financing commercial storage space and that they have been unable to find alternate space. Mr. Brady asked the Commission to delay their decision until they can find adequate storage space. Capretz suggested using a joint storage facility and investigating the possibility of getting insurance, both of which the Friends will pursue. • Gail' Demmer, 2812 Cliff Drive, addressed the Commission. She passed out pictures showing the exterior and interior of the Scout House and the magazine, "Waterfront," the cover of which pictures the subject area. She raised the issue of the whole area being run down, i.e., soil erosion, pollution, dead trees, etc., and stressed the need for not only the Scout House being refurbished, but also the entire park.area. Brian Jeannette, architect, 400 Santa Ana Avenue, addressed the Commission. He suggested upgrading the Scout House so it is viable to the community, Lei, make the building useful and advantageous for children to use. He felt he had enough community support /frivolvement to restore the structure at a, minimum cost., Bonnie Jeannette, 400 Santa Ana Avenue, addressed the Commission. She added that since more children are playing in the park now, it should definitely be revitalized. Elke Muller, 2928 Cliff Drive, addressed the Commission. She reinforced the proposal of restoring the Scout House with community backup. Sue Ficker, 11091:h Street, addressed the Commission. She suggested other alternatives as to storage use for the Friends and also reiterated the fact that the park needs improvement and that the Scout House be restored. • After some discussion, it was decided that Cole will work with Jack Brooks to resolve refurbishing the park. Cole will report back to the Commission at their next meeting on March 1: Ron Whitley will inventory the public facilities available for the Friends, at which time a subcommittee 4 Motion Seconded Ayes n LJ Motion Seconded Ayes r1 U Lod 5' CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission Page 4 City Council Chambers 7 p.m. INDEX comprised of Cole, Jeannette, Stuart, Brooks, the Friends and representatives from the community will review the matter. Names and addresses of community representatives were documented. Morin moved to delay any action until the Friends have a suitable place for storage, and that the park should be a totally separate issue. Stuart seconded. Motion unanimous. Item #7 - Tree Removal Request: 1806 Toyon Lane Tree Removal Request Ron Whitley reviewed Mrs. Sippl's tree request and noted .x that when such a request is denied by staff, it is forwarded x x x x to the Commission: Jack Brooks notified Mrs. Sippl that this item would be on the agenda. He added that they did remove one tree close•to•the driveway and that the subject tree is not the only one with the same problem. They have patched the lip and root pruned' the tree. Cohen motioned to deny Mrs. Sippl'.s request. Morin seconded with an amend- ment that a list of alternatives for tree removal and re- placement be provided Mrs. Sippl. Unanimous. Item #8 - Proposed'Policy. for Special' Events Proposed Policy for x Jeff Kolin passed out a revised copy of the proposed Bike Special x and Foot Race Policy. He stated that the co- sponsorship Events x x x == x . of Tiber Shoe Corporation for the forthcoming race in March was denied by the City Council. He also distributed a memo from the Police Department to the City Manager recommending long distance running events be eliminated on public road- ways in the City. After a brief discussion of the proposed policy, Morin recommended that the sentence, "It is the intent of this policy to minimize inconvenience to City residents and maximize safety precautions for races" be placed at the end of the policy. Morin then motioned that the policy, with the aforementioned amendment, be transmitte to the City Council for adoption. Cohen seconded. Unanimou . II:I., DISCUSSION ITEMS Item #9 - 1983 -84 Budget Summary Ron Whitley, Jeff Kolin and Jack Brooks reviewed their respective budgets and explained those figures which re- flected a large increase or decrease. Ron Whitley and the subcommittee, consisting of Cole, Hopkins and Cohen, will meet to review the proposed budget and prepare for the budget session with the City Manager on February 22'. r- • CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION COMMISSION To: Parks, Beaches and Recreation Commission From: General Plan (Recreation and Open Space Element) Review Committee Date: March 1, 1983 Re: General Plan Amendment 81 -2 In response to a request from the Planning Commission for a recommendation from the Parks, Beaches and Recreation Commission on specific park 'issues related to SPA B1 -21 the chair referred the request to the General Plan Review Committee for action. The Committee was instructed to review the current designations (on the Recreation and Open Space Element) of three (3) specific sites, referred to collectively as the • "Fifth Avenue Parcels," and to recommend whether any proposed changes in these designations contained in SPA 81 -2 are consistent with the park and open space needs of the impacted community and the broader needs of the city in general. The sites are: Site A. Westerly of Marguerite Avenue between Fifth Avenue and Harbor View Drive (approx. 9.3 acres). Site B. Northerly of Fifth Avenue between Marguerite Avenue and Buck Sully (approx. 13.2 acres). Site C. Along the eastern City boundary between Fifth Avenue and San Joaquin Hills Roand (Buck Gully) (approx. 49.07 acres). Site -A_ -- Marguerite Avenue- Parcel. Discussion. The site is currently designated on the general plan as • Recreational and Environmental Open Space (GB) /Low Density Residential. The Irvine Company, without seeking to change the • Recreation and Open Space Element designation for the site, has requested that it be designated Medium - Density Residential on the Land Use Element of the General Plan. Staff has recommeded to the Planning Commission that the site be designated for Medium - Density Residential use and that it be rezoned to the Planned Community (P.C.) District. Staff has concluded that to rezone the property and change the permitted residential use as it has recommeded is consistent not only with the city's Residential Growth Plan, but with the Recreation and Open Space Element of the General Plan as well. "The Recreation and Open Space Element shows the Marguerite Avenue Parcel for a continuation of the Jasmine Creek greenbelt system. The General Plan location of structures policy will preclude develop- ment in this environmentally sensitive area, resulting in the Jasmine Creek area on the subject site being maintained as a greenbelt area. If_the_ proposed The greenbelt should be similar in scale to the Planned - Community areas northerly. (January 20, 1983, Staff Report, Page 13.) • Recommendation. The committee does not oppose the amendment to the Recreation and Open Space Element of the General Plan proposed for this site by General Plan Amendment 81 -2, provided the following conditions are satisfied: 1. That the Jasmine Creek greenbelt be continued on the site between Harbor View Drive and Grant Howald Park and that an easement permitting public access to the greenbelt be granted. 2. That a� p rt of this easement a passive view area of approximately one ( acre be improved in the vicinity of Harbor View Drive and Marguerite Avenue for the benefit the public. The committee has not addressed the issue of whether the Jasmine Creed: easement or view area easement should be dedicated. However, the committee has concluded that neither the extension of U�(y the Jasmine Creek greenbelt nor the passive view area should be given credit pursuant to the city's Park Dedication Ordinance. © 3. That at the time of approval of the tentative tract map for the site or enactment of the P.C. enabling ordinace that the issue again be referred to the Parks, Beaches and Recreation Commission for final determination. _ Site_B: Fifth_A_venue Parcel. • Discussion. This site has a primary designation on the general plan as Recreational and Environmental Open Space (FF and NP) with an alternative designation of Low - Density Residential. The Irvine Company has proposed that the land use designation be changed to Medium - Density Residential and that the open space designation be eliminated. Staff noted in its January 20. 19e3r report to the Planning Commission that, "The amendment, if approved, will remove this flora and fauna designation. The site in question is relatively flat and is mowed regularly. It has no unique or special plant or animal communities. The location of structures policy will preclude development in any sensitive parts of Buck Gully on the easterly edge of the subject site." Site B borders the OASIS Center, a city owned and F.B. &R. administered facility. The facility is used primarily by seniors who take advantage of the many specialized activities and programs sponsered by P.P.&R. However, the center is but a part of the • larger neighborhood park that runs along Fifth Avenue from Goldenrod to Narcissus and includes Grant Howald Park and the Community Youth Center. The Long Range Planning Committee of Friends of Oasis has begun a study of future expansion of this facility. The study has only just been undertaken with the committee having reached no conclusions as to the center's future expansion needs. Recgmmendation. The committe recommends that the general plan amendment for this site be approved including the elimination of the flora and fauna designation from the Recreation and Open Space Element, provided the following conditions are met: I. That the developer dedicate to the city that land between Marguerite Avenue and the approximate extension of the centerline of Narcissus and'north of the existing Oasis Center consisting of + /,acres. 2. That when dedicated � this land will be improved to the extend that shall have been rough graded to the existing grade of the city ,owned property to which it is adjacent; that a retaining wall be installed to support the slope above the property; and that the +/ -0.40 acres at the existing northeast corner of the parking be graded to the same specification as the dedicated land. 3. That the developer only receive park credit for the actual acreage dedicated and not for the value of any improvements to the land. • 4. That any additional park dedication requirement for this site be satisfied by the payment of in —lieu fees. 5. That at the time of the approval of the tentative tract map for the site that the matter again -be referred to the Parks, Beaches and Recreation Commission for final determination. Site C: ------- Buck —Gully Parcel. —------ Discussion. Buck Gully is currently shown on the general plan as having a primary designation of Environmental Open Space (FF) and having an alternative designation of Low— Density Residential. The proposed general plan amendment would eliminate the alternative designation, and the designation as a flora and fauna reserve would be retained. The January 20, 1983, staff report states, "If the proposed amendment is approved, this designation should be maintained to indicate the environmentally sensitive nature of the area and . its unsuitability for active recreation uses." Furthermore, such reclassification of the site would bring the general plan into conformity with the city's local coastal plan. Recommendation. The committee recommends that the Low — Density ',Residential designation be removed from the site as proposed by GPA 81 -2. However, the committee has concluded that the city not accept dedication of the property and that no park credits should be given pursuant to the city's Park Dedication Ordinance. Respectfully submitted, Robert L. Hopkins, Committe Chairman • 0 Parks, Beaches and Recreation Commission Meeting March 1, 1983 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Parks, Beaches and Recreation Commission FROM: Planning Department SUBJECT: Fifth Avenue Parcels (Discussion) Review and recommendation on neighborhood and view park designations for the Fifth Avenue Parcels (General Plan Amendment 81 -2). INITIATED BY: The City of Newport Beach Suggested Action If desired, make recommendations to the Planning Commission on neighborhood and view park designations on the Recreation and Open Space Plan as it relates to the three parcels of land known as the Fifth Avenue Parcels (Areas A, B, and C). 40, Background On June 4, 1981, the Planning Commission initiated General Plan Amendment 81 -2, which addresses five separate sites City -wide. On January 20, 1983, the Planning Commission held its first public hearing on the General Plan Amendment. At this meeting the Planning Commission requested a recommendation by the Parks, Beaches and Recreation Commission on the park issues related to the Fifth Avenue Parcels, one of the components of the General Plan Amendment. On February 1, 1983, the Parks, Beaches and Recreation Commission took public testimony and discussed the Fifth Avenue Parcels. Additional information was requested and the item was continued to March 1, 1983. Discussion General Plan Park Designations for the Fifth Avenue Parcels. Clarification has been requested regarding the park and open space designations on the various elements and maps of the Newport Beach General Plan for the Fifth Avenue Parcels. Staff has prepared enlargements of the 1973 Land Use Plan, Residential Growth Plan, and Open Space Plan (Maps) (Attachments 1, 2 & 3). The history of the General Plan designations for each site is as follows: Area A: Marguerite Parcel: is Land Use Plan: The Land Use Element and Plan (Map) adopted in 1973 designated the Marguerite Parcel for Low - Density Residential uses along Marguerite Avenue and Recreational and Environmental Open Space 7 TO: Parks, Beaches and Recreation Commission - 2 uses along Jasmine Creek. General Plan Amendment No. 26 redefined the various residential land use designations, added a medium density residential category, and added the definition of buildable acreage. This amendment did not change prior permitted densities, so this parcel was changed to Medium- Density Residential for the residentially designated portion of the site. The parcel was again addressed in General Plan Amendment 79 -1, and redesignated to the Low - Density Residential category. Residential Growth Plan: The Residential Growth Element and Plan (Map) was adopted in 1973 and designated a portion of the parcel for residential uses. The parcel was specifically addressed as follows: "The vacant R -3 -B site east of Harbor View Elementary School shall be rezoned to R -1 -B." On December 17, 1973 the City Council adopted Ordinance No. 1535, to conform zoning to General Plan by rezoning the property from R -3 -B to R -1 -B. Open Space Plan: The Recreation and Open Space Element and Plan (Map) was adopted in 1973 and designated the site for Recreational and Environmental Open Space uses for an extension of the Jasmine Creek greenbelt system. The Open Space Plan (Map) does show the entire site colored green, for open space uses. It is the opinion of staff that the designation of the entire site for open space is a graphics error, since the other two General Plan Maps show residential uses on a portion of the site. Additionally, the City has rezoned the property • for the expressed purpose of Zoning /General Plan consistency and has also changed the land use designation subsequent to the adoption of the Recreation and Open Space Element (GPA 79 -1), which further indicates the City's commitment to allow residential development on the site. Area B: Fifth Avenue Parcel: Land Use Plan: The Land Use Element and Plan (Map) adopted in 1973 designated the Fifth Avenue Parcel for Recreational and Environmental Open Space with an alternate use of Low - Density Residential. The history of the residential portion of the land use designation is the same as for Area A, except that General Plan Amendment 79 -1 established the Low- Density Residential designation as the sole and primary use on the Land Use Plan. Residential Growth Plan: The Residential Growth Element and Plan (Map) was adopted in 1973 and designated the Fifth Avenue Parcel as an area with an alternate land use as discussed in the Land Use Element. The Residential Growth Element specifically discussed this site as follows: "The land between Fifth Street and Sand Castle Drive shall be rezoned from R -2 -B to R -1 -B, although it is anticipated that this land will be acquired for park and /or highway purposes." On December 17, 1973, the City Council adopted Ordinance No. 1535, to conform zoning to the General Plan by rezoning the Fifth Avenue Parcel from R -2 -B to R -1 -B. Open Space Plan: The Recreation and Open Space Element and Plan (Map) adopted in 1973 designated the Fifth Avenue Parcel as an area with an r TO: Parks, Beaches and Recreation Commission - 3 • alternate land use /primary designation as Recreational and Environmental Open Space - Flora and Fauna Reserve. A proposed neighborhood park is also shown on the site. The element states that "Proposed parks are indicated on the Open Space Plan as green circles; in the undeveloped areas, the locations shown are meant to be general and the parks need not be developed in the exact location shown." The Element addresses the proposed park on this site as follows: "A neighborhood park is proposed on the property north of Fifth Avenue and east of Marguerite Avenue." Area C: Buck Gully: Land Use Plan: The Land Use Element and Plan (Map) adopted in 1973 shows this site for Recreational and Environmental Open Space with an alternate use of Low - Density Residential. No changes to this designation have been made since 1973. Residential Growth Plan: The Residential Growth Element and Plan (Map) adopted in 1973 showed this area with an alternate residential land use as discussed in the Land Use Element. Open Space Plan: The Recreation and Open Space Element and Plan (Map) adopted in 1973 designated the Buck Gully site as an area with an alternate land use /primary designation as Recreational and Environmental Open Space - Flora and Fauna Reserve. tOASIS Center. At the time General Plan Amendment 81 -2 was initiated, The Irvine Company, the Park, Beaches and Recreation Department, and representatives of the OASIS Center were negotiating a land trade to facilitate expansion of the OASIS Center. The proposed exchange would have traded the ±2 acre parcel on the northwest corner of Marguerite and Fifth Avenues (now partially developed with an overflow parking lot for the OASIS Center) for land adjacent to the existing facility. No agreement could be reached „however, and the trade never took place. The OASIS Long Range Planning Committee is still studying future expansion of OASIS Center facilities and programs. While no firm plan has yet been developed, representatives of the committee have testified before both the Planning Commission and Parks, Beaches and Recreation Commission indicating the potential for future facility expansion, preferably adjacent to the existing site. The OASIS Center is a City -owned facility and is considered by the Parks, Beaches and Recreation Department as a part of the neighborhood park occupying the land along Fifth Avenue from Goldenrod to Narcissus. This future expansion possibility can be preserved by leaving the neighborhood park designation on the Fifth Avenue Parcel. This will allow the City to, at the time of approval of the tentative tract map, require dedication of as much land as meeded to complete the local park or recreational site as specified in Section 19.50.060(b) of the Newport Beach Municipal Code: • "(b) When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed to complete the site, such remaining portion shall TO: Parks, Beaches and Recreation Commission - 4 lJ . be dedicated and a fee computed pursuant to the provisions of Section 19.50.070 hereof shall be paid in an amount equal to the value of the land which otherwise would have been required to be dedicated pursuant to Section 19.50.070 hereof, such fee used for the improvement of the existing park and recreation facility..." Park Dedication Requirements. The Park Dedication Ordinance establishes a formula for park dedication requirements, based on gross residential density and person per household factors. The range of park dedication requirements for the Fifth Avenue Parcels are as follows: Marguerite Avenue Parcel Units Permitted Acreage Requirement 27 du's (4 du's/ba) = 0.51 A 28 - 62 du's (4 -9.12 du's/ba) = 0.53 - 1.16 A 63 - 68 du's (9.26 - 10 du's/ba) = 1.01 - 1.09 A Example: 50 du's = 0.94 A Fifth Avenue Parcel Units Permit 40 du's (4 du's/ba) 41 - 85 du's (4 -8.5 86 - 100 du's (8.6 Example: 85 du's ted Acreage Requirement 0.75 A du's/ba') = 0.77 - 1.60 A - 10 du's /ba) = 1.38 - 1.60 A 1.60 A Application of the park dedication Ordinance can be confusing, in that the ordinance Dedication Formula Table is based on dwelling units per gross acre, while the General Plan expresses residential density in dwelling units per buildable acre. The difference in buildable acre density ranges for the park dedication formula categories is due to the different ratio of gross to buildable acres for,the Marguerite and Fifth Avenue Parcels. Buildable acreage is defined in the Newport Beach General Plan as follows: "Buildable Acreage' is defined as follows: Buildable acreage includes the entire site, less areas with a slope greater than two to one (2:1), and less any acre required to be dedicated to the City for park purposes and any perimeter open space; further, buildable acreage shall not include any area to be used for street purposes. Additionally, at the time the Planning Commission and /or City Council review a Planned Community development plan, tentative map, and /or environmental document for a particular project, consideration shall be given to deleting certain sensitive areas from the calculation of the total number of residential units or square footage or commercial • development to be allowed on a site as follows: Floodplain areas." 10 TO ✓: Parks, Beaches and Recreation Commission - 5 �( • View_ Park Dedication. Planning Department staff is recommending the dedication and improvement of a ± 1 acre view park in conjunction with approval of the General Plan Amendment for the Marguerite Avenue Parcel. Planning Department staff has been discussing whether park dedication ordinance credit should be given for this dedication. Since the adoption of the Park Dedication Ordinance in 1977, no subdivision approved has included a view park requirement. The Park Dedication Ordinance does not specify particular types of parks to be acquired through the ordinance. It does reference "park and recreation facilities... in accordance with the Recreation Element of the General Plan ". It is the opinion of Planning Department staff that a view park dedication is appropriate to satisfy the park dedication requirements of a residential development and has made this recommendation to the Planning Commission. Granting park dedication ordinance credit for the view park on the Marguerite Avenue Parcel will establish a precedent for future City action in regards to view parks in other development approvals. Undeveloped sites with view park designations include CalTrans West, Westbay, Castaways, and Newporter North. Acquisition of Marguerite Parcel with Park Dedication Credits. Testimony has been received that the Marguerite Parcel be designated as open space and acquired through the use of park dedication credits or fees. In order for the City to generate sufficient park dedication requirements to acquire the 9.6 acre Marguerite Avenue Parcel, 510 Low - Density Residential units would have to be approved. If higher density residential projects were used to generate these credits more units would need to be approved, since the scale • established in the Park Dedication Ordinance requires less, dedication from higher density developments. Under the existing General Plan, approximately 4,700 dwelling units remain to be built in the City of Newport Beach. Of these, ± 1,840 are shown for larger undeveloped sites. The remainder are infill in the older residential neighborhoods. Since the Park Dedication Ordinance applies to new residential subdivisions, only the ± 1,840 future residential units in new subdivisions will require park dedication. Of these 1,840 du's, ±810 are designated to sites which carry a neighborhood park designation on the Open Space Plan (Westbay, Castaways, Newporter North, Banning - Newport Ranch). These developments must dedicate parkland onsite to satisfy the requirements of the Park Dedication Ordinance. This leaves approximately 1,030 future residential units requiring park dedication City -wide. In order for the City to acquire the Marguerite Parcel using park dedication credits, approximately 50% of the remaining dedication requirements would have to be used. This assumes that any land acquired through other than Irvine Company project requirements could be purchased by the City at the per acre park dedication fee of $298,486. Additionally, it should be noted that if any of the future permitted dwelling units are developed as rental projects, no park dedication will be required for those units. Relationship of Buck Gully Proposal to the Marguerite Avenue and Fifth Avenue Proposals. The letter from The Irvine Company requesting consideration of the Fifth Avenue Parcels component of the General Plan Amendment indicated the possible dedication of Buck Gully for park and open space purposes in . consideration for increased development rights on the Marguerite Avenue and Fifth Avenue Parcels. This amendment was proposed by staff and initiated by TO: Parks, Beaches and Recreation Commission - 6 J2,- • the Planning Commission including the land use designation change for Buck Gully. The Irvine Company has indicated their opposition to this portion of the General Plan Amendment. Although precise calculations for the buildable acreage of Buck Gully are not available, it is estimated that the increase in allowed dwelling units on the Marguerite and Fifth Avenue sites is more than that which would be allowed in Buck Gully. This change in the land use designation for the Buck Gully Parcel in consideration for increased density on the Marguerite Avenue and Fifth Avenue Parcels is similar to the transfer concept established by the City in the General Plan designations for Westbay and Eastbluff Remnant. Staff has recommended the land use designation be amended from Recreational and Environmental Open Space with an alternate use of Low- Density Residential to Recreational and Environmental Open Space, in consideration for amendments to a higher density residential designation on the Marguerite Avenue and Fifth Avenue Parcels. Staff is also recommending that a permanent open space easement be recorded on the property. This requirement will implement the hiking trail shown on the Open Space Plan of the Recreation and Open Space Element and is consistent with the public access requirements of the Newport Beach Local Coastal Program Land Use Plan. It is not suggested that any land dedication be accepted in the Buck Gully area; nor should any park credits be given for this site. It is staff's opinion that this requirement will not require the City to purchase any land. . Planning Department Staff Recommendations. Following are the current Planning Department recommendations to the Planning Commission on the Fifth Avenue Parcels: Fifth Avenue Parcels Area A: Marguerite Avenue Parcel: Amend the Land Use, Residential Growth and Recreation and Open Space Elements of the General Plan: 1. Medium- Density Residential use shall be permitted. 2. The property shall be rezoned to the P -C (Planned Community) District. 3. The Jasmine Creek greenbelt system shall be continued on the site. The extent of the greenbelt shall be determined at the time of approval of the P -C development plan. 4. A public view park shall be provided (dedication + improvements) on the site in the vicinity of Marguerite Avenue and Harbor View Drive. The precise location of the view park shall be determined at the time of approval of the P -C development plan. 5. That park dedication requirement credits be given to the applicant for the land dedication of the view park. . 6. In the event that dedication of the view park does not satisfy the requirements of the Park Dedication Ordinance, the additional park dedication requirements shall be satisfied through on -site or 10% TO:j Parks, Beaches and Recreation Commission - 7 • off -site land dedication, the assessment of in -lieu fees or a combination of the above as determined by the Planning Commission and City Council, after recommendation by the Parks, Beaches and Recreation Commission, at the time of approval of the tentative tract map. 7. In the event that dedication and improvement of the view, park is more than is necessary to satisfy the requirements of the Park Dedication Ordinance, the excess credit shall be used to satisfy part of the requirement for Area B: Fifth Avenue Parcel. 8. That views from existing residences shall be preserved to the maximum extent feasible. At the time of approval of the tentative map and grading plans, if views of ocean and bay from existing residences are being blocked, the applicant shall demonstrate that the density approved within the Medium- Density range has no greater impact on view obstruction than that which would have resulted from development under the Low - Density Residential designation. 9. At the time of future discretionary actions the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as required. • Area B: Fifth Avenue Parcel: Amend the Land Use, Residential Growth, Recreation and Open Space Elements of the General Plan: 1. Medium- Density Residential use shall be permitted. 2. The property shall be rezoned to the P -C (Planned Community) District. 3. Remove the Recreational and Environmental Open Space /Flora and Fauna Reserve designation. 4. That the requirements of the Park Dedication Ordinance shall be satisfied through on -site or off -site land dedication, the assessment of in -lieu fees or a combination of the above as determined by the Planning Commission and City Council, after recommendation by the Parks, Beaches and Recreation Commission, at the time of approval of the tentative tract map. 5. That views from existing residences shall be preserved to the maximum extent feasible. At the time of approval of the tentative map and grading plans_, if views of ocean and bay from existing residences are being blocked, the applicant shall demonstrate that the density approved within the Medium- Density range has no greater impact on view obstruction than that which would have resulted from development under the Low - Density Residential • designation. 13 TO: Parks, Beaches and Recreation Commission - 8 J'r r, • 6. At the time of future discretionary actions the project shall be required to contribute a sum equal to their fair share of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and any other mitigation measures as required. Area C: Buck Gully Parcel: Amend the Land Use, Residential Growth and Recreation and Open Space Elements of the General Plan in consideration for the General Plan Amendments for Areas A & B above: 1. Remove the alternate residential land use designation. This leaves the area designated as Recreational and Environmental Open Space /Flora and Fauna Reserve. 2. Require that the Buck Gully area be established as an open space parcel and a permanent open space easement be recorded for that parcel in conjunction with the tentative and final tract maps for areas A & B. PLANNING DEPARTMENT JAMES D. HEWICKER, Director BY PATRICIA L. TEMPLE Senior Planner PIT:nma Attachments: 1. Land Use Plan 2. Residential Growth Plan 3. Open Space Plan • IK • z Q ' J CL 0 z J 2 U Q W m H O a w Q uj A W 'R I v W W �l ' J o r r rr rr frr'f ff A w aw gJ L¢ • e . . n iilii�i .. w w 0 Attachment No. Cn LP LLI z L o2SP: QLw �LU 101 M IT • 0 r r 0 0 v F— Z W 6 v/ MW LIB y U Q W Co F— X O o. 16 t �W V LIJ J n �`�`� 0000 L`L`�`�ooaoo o00 ` `�```�`� .......... 00 00 0 �`� Attachment No. 2 W W H J J¢. I W j W W w H A W LU s s W J L LLL< 2 2Q� Z W WZ 3 3Z b - -1 C w wg 2 �`�`� 0000 L`L`�`�ooaoo o00 ` `�```�`� .......... 00 00 0 �`� Attachment No. 2 Attachment No. 2 Y W T - m -.I 1 •:;?�• ...yam PG��F7� c yi j W a�` , v LU Im•{L'�llL � 12�\ � �"- �` _ _ _ °• 1' tai• LL U EII -_ ---- ti ui X ,� 1t9M jgtN�.•_ Y - ' Attachment No. 3 Cl g z . Z yP J ti� p� 0 'N u \ ffi W . - W � LU Y Y to Jf7 I i W J- z Q U ti <U- Oa w 3 J i�31 U) rx uE`7� LLJ s Y W T - m -.I 1 •:;?�• ...yam PG��F7� c yi j W a�` , v LU Im•{L'�llL � 12�\ � �"- �` _ _ _ °• 1' tai• LL U EII -_ ---- ti ui X ,� 1t9M jgtN�.•_ Y - ' Attachment No. 3 Cl g z . Z yP J ti� p� 0 'N u \ ffi Item 7 •"f CITY OF NEWPORT BEACH Parks, Beaches & Recreation Department DATE: March 1, 1983 TO: Parks, Beaches and,Recreation Commission FROM: Parks, Beaches and Recreation Director SUBJECT: Body Surfing Area 40th -44th Streets In October of 1978 the City Council adopted a resolution that altered the existing surfing regulations to include an area between 40th and 44th Streets on the oceanfront for body surfing only. The Parks, Beaches and Recreation Commission was instrumental in having the Council designate this area for body surfing. Although not in the resolution, the City Council asked that after a period of time an evaluation of this matter be conducted'and reported back to the Council: • Memorandums to and from the Marine Department and the original resolution are provided to give an indication of the workability of this area. If there are any questions, please feel free to call. Enc. 010- • L J f i( February 4, 1983 T.0 : CITY OF NEWPORT BEACH .MARINE DEPARTMENT DAVID HARSHBARGER FROM: Lieutenant Lockabey SUBJECT: EVALUATION OF SURFING AREAS .4. 'Pursuant to a memo from the Recreation Department dated January 26, T983 reaarding'body surfing areas, I would like to offer the following i.nfor- mati on.: I. We.met with the Parks,, Beaches and •Recreation .Commission since the inception of-the body surfing area from 40th to 44th Street, and in 19.7-8, Worked together to, come up.with a fa rand workable and en•forceable•system. 2. We have continued this system since 1978. 3. The area extends from 40th Street to 44th Street. 4. After several years of enfor-ceing the laws and educating the public, we have found the system to work quite well. The Parks, Beaches and Recreatioh Commission agrees. Several .letters have come in of late ('see attached)' concerni•np surfers who want more board surfing area in the City (specifically 42nd to 52hd Street). The-City has used and considered, many ways to control surfing over the years and we have found the present system (with the inclusion of the 40 to 44th Street body surfing area) to be far superior for•ease of enforcement and fairness'to all groups using the water. I. spoke WithAeff Kolin on the phone and we.agreed,; the Parks, Beaches and Recreation and:Marine Departments. are satisfied with the present system, • Attachments LL':ng cc: Jeffrey C. Kolin Recreation Superintendant 19 • • • iT -� CITY OF NEWPORT BEACH Parks, Beaches & Recreation Department DATE: January 26, 1983 TO: Logan Lockabey, Lieutenant Marine Sdfety Division FROM: Recreation Superintendent SUBJECT: Body Surfing Area Between 42nd and 52nd Streets The review and evaluation of the body surfing area between 42nd and 52nd Streets has been scheduled for the March'l, 1983 meeting of the Parks, Beaches and Recreation Commission. This item was delayed until March because of the large number of items on the Commission's February agenda. This should give additional time to obtain input from the Marine Department staff as to the effectiveness of the area as currently designated. Ron 'Whitley has indicated that he would like a representative from the Marine Department to attend the meeting. If a written report is prepared, please submit to our office by February 25, 1983, so that it can be mailed with the Commission agenda packets. JCK:df i ff C, o i t v 0 a 11 C:�,l f CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663.3884 January 17, 1983 Mark Persons 1943 Port Edward Place Newport Beach, CA 92660 Dear Mark: Thank you very much for your letter of concern about the Black Ball restriction and the "hard board area ". We receive numerous letters every year regarding surfing and, as you can imagine, opinions vary radically. Over the years, we have tried many systems, but the recent one seems to be the best for board and body surfers and the best for fairness and ease of enforcement. Actually, if you figure useage hours in the surf, the board surfers still have more time and area than the body surfers. That is the main reason that the body surfers have their own special area between 40th Street and 44th Street. I hope you realize that alot of the people who are using the water for swimming are residents as well as tourists. I appreciate your concern and,as a fellow surfer, can empathize with you, but it appears as if the present rules will stay in effect unless we are directed otherwise by the City Council. Sincerely, ` Cogan .odkabe; Mari<e Safety LL:hg Lieutenant 3300 Newport Boulevard, Newport Beach • City of Iteiport Beach Marine: Department 71) Newport Pier Newport Beach, Oalifo-rnia. G.- ntlemen; 194' fort A. ;�r9 'hce tie.:port B,-nch, .aliforai-s Z65 "1 January 12, 1 ;) Ify name is Mark :'ersons and I am a ;stuient at Corona. Del Mar High School. I am ,iritin;-, to you about somethin., that I feel is a problem. • In the sum-uar there is a su'riin, r- :rictipn called "Bla.c-; Ba.11". This means no surfin, in ir, area while the flans are out. I think that on Tome of the streets si,,.ns could be roosted reading "Hard Boaxd Area, OffLY - U,,e (:aution. I knar that there are a lot of tourists who come do-in in'.. want to use the beach a-nd have a ;ood time. But ire live down here and are a ,art of this community and I feel we aria ,;ettin ri.gcd off. Oa r. hot ruimer day we can't 7,o out and surf. le have to va.it for the tourist, to go home, so we lose. I would aupreciat; it if you wou1,1 _ive my "}Lard Bozrd kra " sign serious consideration. 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N EF Sri "N r, 5 r•it a !lzt2e ',. n. lt' c.ICC' /t,i Kf�: = -• 4vA r7,i rr JS -45i,r Sc J, NJI c'.•i vG •G 77 '1'1 • llc:a f 111Cz" 1 L✓o- %l.G cwr,on. • /✓ ' -',r Ir-'%1 K< 1705 (t' rn m i (-% CS P n To u r F n r) !,, T1-h M M e. f rv\ o r••, i {-1 ra 'f i'1 S a..... O c. Q b -9- (j('rZr_; rr� V',o Sp,zhd T; o-f T h N wr,rer, -th>r �;tt GSA "rdS cold ►,��� w-) f h /`i ,-� ii j o I ME . a •Z °�2eso c rT ?'' ^ '^ i'i; �'�,. �•` '33 U b Y1 C w (� a c 7". 13 r v Gr . 8 � 3 :Y co Of N�}yE, 2 C)C-,r i r-, C) T►1e S .vn w-1 r,�Th 9 In r- .' �A� 1e d T_d hAC� i3oAcc� Surfi hc). w/-i Te r r 2 vv-N f-� t n S o y:, j w vv� rr• 'C. 5 S o-F T 13 o'q r d 5, r� r1 r5o d y Svr�et'�• co The (lreq 1J¢7"i Caen �i2 STreeT ihr 5'Z STr-� (.,T (t' rn m i (-% CS P n To u r F n r) !,, T1-h M M e. f rv\ o r••, i {-1 ra 'f i'1 S a..... O c. Q b -9- (j('rZr_; rr� V',o Sp,zhd T; o-f T h N wr,rer, -th>r �;tt GSA "rdS cold ►,��� w-) f h /`i ,-� ii j o I ME . a 0 RESOLUTION NO. 9 45 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DESIGNATING SURFING AREAS AND ESTABLISHING DATES AND HOURS WHEN SUCH SURFING AREAS MAY BE USED AND RESCINDING RESOLUTION NO. 9362 WHEREAS, Sections 11.16.020, 11.16.030, and 11.16.040 of the Newport Beach Municipal Code authorize the City Council to designate certain areas of the Pacific Ocean where surfing shall be both permitted and prohibited, specify the dates and hours when such surfing areas may be used for surfing, regulate the use of surfing areas by swimmers, and adopt other regulations relating to surfing; and WHEREAS, the City Council has adopted Resolution No. 9362 designating surfing areas and establishing certain dates and hours when such areas may be used for surfing; and • WHEREAS, the City Council wishes to rescind Resolution No. 9362 relating to the designation of surfing areas and • e2� establishing dates and times and substitute the following regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the following surfing,regulations are hereby established: SECTION 1. Surfing Areas Designated. The following described areas ,of the Pacific Ocean are hereby designated as surfing areas: (a) County Surfing Area. That area generally described as the mouth of the Santa Ana River. (b) Surfing Area No. 1. That area between the westerly boundary of the City to the West Harbor Jetty, C • 0 a.W/ r excluding a four -block zone between 40th Street and West Ocean Front and 44th Street and West Ocean Front. No board surfing shall be permitted during the hours of 8:00 a.m. and 6:00 p.m. from May 1 through October 31 in the 40th Street to 44th Street zone. (c) Surfing Area No. 2. That area adjacent to the East Harbor Jetty in Corona del Mar, no closer than twenty (20) feet and no further than two hundred (200) feet from said Jetty. (d) ,Surfing Area No. 3. That area commonly known as Little Corona Beach. SECTION 2. Dates Surfina Permitted. Effective June 15 through September 10 of each year, subject to any further limi- tations as set forth herein, surfing shall be permitted in all designated areas. After September 10 and before June 15 of each year, surfing is permitted at all ocean beaches located in the city. SECTION 3. Hours Surfing Permitted. Surfing shall be permitted in Areas 1, 2, and 3 between the hours of 6:00 a.m. and 12:00 noon and between 4:00 p.m. and sunset only. Surfing in the Cgunty Surfing Area is permissible all day. SECTION 4. Blackball Flag. The Blackball Flag consists of a yellow field with a large black ball in the center. When the Blackball Flag is flying from a lifeguard tower, regardless, ' of the date or time, the area is closed to surfing. SECTION 5. Swimming in Snrfin Areas. Swimming is permitted during surfing hours in all surfing areas except Surfing Area No. 2 where no swimming is allowed during surfing hours. -2- • BE IT FURTHER RESOLVED that Resolution No. 9362 E is hereby rescinded. ADOPTED this 24d_ day of &.&A- z -, 1978. ATTEST: City Clerk Mayor DDO /kb 10/11/78 -2,7 • -3- Item 8 M . DATE: March 1, 1983 TO: Parks, Beaches & Recreation Commission FROM: James T. Capretz, Marinapark Study Chairman SUBJECT: Marinapark Study - Alternate Uses.• Transmitted for your initial review is the Marinapark Study - Alternate Uses, which has evolved over the past six months as a result of committee work and study. The committee studied various alternate uses and determined that the proposed public use is highly recommended. It is proposed that this report be provided to interested home- owner associations and the general public for review as soon as possible with a public hearing to be scheduled by the Parks, Beaches and Recreation Commission at their meeting of April 5, 1983. Further-Commission meetings for ,public input could be accommodated in May and June allowing the Commission to forward the report with recommendations to the City Council by their requested time of June 30, 1983. • It is further felt by the committee that this issue has been studied and delayed for a number of reasons over the years, and it is now time to implement the proposals contained in the report; or the City Council 'should initiate a study to negotiate per- manent agreements with the existing tenants or determine a revenue producing use,that will maximize the revenue potential of the property. Item 9 RECREATION DIVISION • FEBRUARY, 1983 PROGRESS REPORT Youth and,Adult Sports Winter Adult Basketball Leagues began this week. Play will continue for ten weeks at local high school and middle school gymnasiums. Registration for adult volleyball leagues closes February 25. Sign ups are coming in slowly so the starting date may be delayed. Youth basketball teams'are competing in their play offs. Winners will proceed on to the Orange County Youth Basketball Tournament. Fliers for the track and field program were distributed through the schools at the end of the month. The Newport - Balboa Rotary Club will again donate $1,000 to help with the costs of the track meet and provide volunteers the day of the track meet. Senior Citizens The Daniel G. Aldrich lecture series opened on Friday, February 25, with a presentation by Dr. Aldrich on "World Food Problems." The second lecture in the series will feature Chancellor Ivan H. Hindraker, Emeritus, from UX. Riverside speaking about "State Transportation with.an Emphasis on Orange County" on Friday, March 18. Both lectures begin at 9:30 a.m. • March 4 is election day at OASIS. Seven new Board members will be elected to the Board of Friends of OASIS, Inc. On March 21,.the entire Board of Directors meet to elect the officers for the next year. Specidl.Events The Parks, Beaches and Recreation production of "On Golden Pond" received good reviews during its run. Bob Conrad, Director of the play, will be joining the Friends of the Theatre Arts Center. He will be teaching theatre related classes and developing a childrens and touring program for the Friends. The Mammoth sk-i trips have met with mixed success to date. The first trip was forced to turn back due to poor visibility, closed roads and lifts. The second trip is low on registration and may cancel. The March trip, hopefully, will fill'and have some great skiing. The "Pride of Baltimore" arrived in Newport Harbor on Wednesday, February 23. The welcoming flotilla escorted the Pride to the Sea Scout Base where the Newport Harbor High School Band played several selections. A special proclama- tion was presented by Mayor Hart to the Pride's Captain, after which a brief reception was enjoyed by all. Special Activity Classes . Brochures for spring programs were delivered to the post office and should be delivered to all NewportReach residences and businesses by the first week of March. Everyone is looking forward to sunny spring weather and a large spring 'registration. q 7 -2- Several new programs are in the planning stage, including.personal computer • classes for children and adults. The City Easter Egg Hunt will be held April 2.' Auditions are currently being conducted for Mr. or Ms. Easter Rabbit. Upcoming Events March 4 General Membership Meeting and Election March 18 State Transportation Lecture at OASIS - 9:30 A.M. March 3,4,5,10,11,12 "Private Lives" - Theatre Arts Center - 8:00 P.M. Curtain March 23 Mammoth Ski Trip April 2 City Easter Egg Hunt • J r o1 n • Item 10 PARK AND STREET TREE DIVISION FEBRUARY, 1983 PROGRESS'REPORT In addition to the routine tasks, the Parks,DiVision performed the following: 1. Installed new water line at 15th Street picnic area. 2. Planted new shrubs at Police Department parking lot. 3. Replaced wooden floor of the Gazebo at Peninsula Park with a concrete fl -oor. 4. Refurbished Mariners Park playing field. The Tree Division performed'the following: 1. Trimmed 1,155 trees. 2. Planted 2 trees. . 3. Removed 31 trees. 4. Completed 3 work requests. 5. Root pruned 7 trees. i'►... � .•....�! Wow= • jD f J' i Item 8 + i •, DATE: March 1, 1983 TO: Parks, Beaches & Recreation Commission FROM: James T. Capretz, Marinapark Study Chairman SUBJECT: Marinapark Study - Alternate Uses Transmitted for your initial review is the Marinapark Study - Alternate Uses, which has evolved over the past six months as a result of committee work and study. The committee studied various alternate uses,and determined that the proposed public use is highly recommended. It is proposed that this report be provided to interested home- owner associations and the general public for review as soon as possible with a public hearing to be scheduled by the Parks, Beaches and Recreation Commission at their meeting of April 5, 1983. Further Commission meetings for public input could be adcommodated in May and June allowing the Commission to forward the report with recommendations to the City Council by their .requested time of June 30, 1983. It is further felt by the committee that this issue has been studied and delayed for a number of reasons over the years, and it is now time to implement the proposals contained in the report; or the City Council should initiate a study to negotiate per- manent agreements with the existing tenants or determine a revenue producing use that will maximize the revenue potential of the property. ter. _ i ' ,. •� - � � , i .�S 40