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HomeMy WebLinkAbout08/24/1992 - Regular MeetingCOUNCIL MEMBERS Present x x Motion All Ayes n yes Motion All Ayes C CITY OF NEWPORT BEACH ,p REGULAR COUNCIL MEETING \ Council Chambers TIME: TIZtE: 7:00 P.M. DATE: August 24, 1992 X x x x x ROLL CALL X Reading of Minutes of Meeting of August 10, 1992, was waived, approved as written, and ordered filed. X Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. The Mayor announced that due to the time the City Council anticipates to spend on Agenda Item No. 3, the Consent Calendar and other matters will be considered at this time: CONSENT CALENDAR X The following items were approved, except for those items removed: RESOLUTIONS FOR ADOPTION 6. Resolution No. 92 -92 authorizing the Mayor and City Clerk to execute an Agreement between the City of Newport Beach and HCH (HERTZ Claims Management) for Workers' Compensation Claims Adjusting Services (1992 -93). [Memorandum from the Personnel Director] 7. Resolution No. 92 -93 establishing regulations controlling the installing and maintenance of volleyball playing areas on public beaches. [Memorandum from Parks, Beaches and Recreation Director] B. Resolution No. 92 -94 consenting to the designation of Campus Drive between Bristol and MacArthur Boulevard as a County Highway for purposes of right -of- way acquisition and improvement. [Report from the City Attorney] STAFF AND COMMISSION REPORTS For Council information and approval: 9. Report from the Public Works Department authorizing staff to work with residents on a proposed cooperative cost - sharing project for funding an accelerated street light replacement project in IRVINE TERRACE. For Council information and filing: 10. Removed from the Consent Calendar. 11. USE PER HIT NO. 991 (AIDED) - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with subject use permit located at 2046 Mar Vista Drive; authorize the City Clerk to release the Faithful Performance Bond (No. 5631024) and release the Labor and Materials Bond (No. 5631024) in six months provided no claims have been filed. [Report from the Public Works Department] Volume 46 - Page 258 MINUTES i irra•� ROLL • Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH August 24, 1992 12. BACK BAY DRIVE NONSTANDARD IMPROVEMENTS AND STREET MAINTENANCE - Approve an agreement for nonstandard improvements and street: maintenance with THE IRVINE COMPANY for a portion of Back Bay Drive located southerly of Jamboree Road and the gated entrances to Tract Nos 11937 and 14055; and authorize the Mayor and City Clerk to execute subject agreement and record with the Orange County Recorder. [Report from the Public Works Department] 13. GRANT HOWALD AND EASTBLUFF PARKS (CONTRACT 10. 2776) RESTROON REPLACEMENT - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 14. SPECIAL EVENTS APPLICATION NO. 92 -309 FOR BALBOA PENINSULA POINT ASSOCIATION - Approve the issuance of a sound amplification permit for outdoors in a residential area in the park at "L" Street on Saturday, September 26, 1992 from Noon to 4:00 p.m. for their Annual Chili Cook -off; subject to the conditions listed in the staff report. [Report from the Revenue Manager /Finance Department] 15. Removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 10. Report to the City Manager regarding action taken by the PLANNING COMMISSION at their meeting on August 6, 1992, and Agenda for August 20, 1992. Notion was made to schedule public hearing on September 14, 1992 for MODIFICATION NO. 4015, Hard Rock Cafe proposed identification sign, and to receive and file remaining items. 15. SPECIAL EVENTS APPLICATIONS SUBMITTED BY THE NEWPORT HARBOR AREA CHAMBER COMMERCE FOR SEA ST 1992 - Report from the Revenue Manager/Finance Department recommending approval, subject to conditions, the 19 applications listed as attachments to the staff report. Mayor Pro Tem Turner referenced the UCI Water Polo event to take place on September 11, 12 and 13 at the Marian Bergeson Aquatic Center, (Application No. 92 -353) and made a motion to change the hours to 8 a.m. to 9 p.m. on Friday and Saturday, and 9 a.m. to 5 p.m. on Sunday, and to approve all other applications set forth in the staff report, subject to the conditions recommended by the Revenue Manager. Volume 46 - Page 259 u�a Bk Bay Dr Tr 11937/ 14055 Grant How - ald/Estblf Prks Rstrm C -2776 (38) Special Events Apl 92 -309 (27) Planning (68) Mod 4015 Hard Rock Cafe Special Events Apl 92 -353 (27) W;Jq • Motion All Ayes MoLTon All Ayes Motion All Ayes • 4i i1 — kr12;- PIE X CITY OF NEWPORT BEACH x August 24, 1992 ORDINANCES FOR ADOPTION 16. Proposed ORDINANCE NO. 92 -41, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.04 BY ESTABLISHING TIME LIMITS ON THE USE OF PUBLIC OUTDOOR BASKETBALL COURTS. Report from Parks, Beaches and Recreation Director. Letter from Gary Lovell with suggested recommendations regarding limiting hours of basketball play at City parks. It was noted that at the last City Council meeting, Item (f) under Prohibited Conduct, was revised to read: "Play basketball on any outdoor public basketball court within 300 feet of any residentially zoned parcel, between sunset or 7:00 p.m. , whichever is later, and 8:00 a.m." Notion was made to adopt Ordinance No. 92 -41. CONTINUED BUSINESS 17. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Notion was made to confirm (District 2) Council Member Plummer's appointment of Gregg M. Schwenk, to fill the unexpired term of Deborah Lucas, ending December 31, 1992. CURRENT BUSINESS 18. Report from the Planning Department. concerning the AD HOC CITIZENS ADVISORY COMMITTEE FOR OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN. Notion was made to appoint Council Members Hart and Hedges to the subject committee for the preparation of an Old Newport Boulevard Specific Area Plan and adopt Resolution No. 92 -95, relative to membership, and repealing Resolution 92- 28. (Item l.b to read) "Two (2) representatives and two (2) alternates living in the Newport Heights Association area to be appointed by the Mayor." 20. Report from the City Manager - REQUEST TO APPROVE/FILL THE FOLLOWING PERSONNEL VACANCIES: One Legal Administrative Clerk, City Attorney's Office. One Parking Control Officer, Police Department. Volume 46 - Page 260 MINUTES Motion All Ayes Motion All Ayes • 0 C1: !\. two'3 VI j![w'! x x 0 CITY OF NEWPORT BEACH August 24, 1992 One Secretary to Police Chief, Police Department. Four Firefighters, Fire Department. One Utilities Director, Utility Department. Notion was made to authorize Personnel Department to proceed with advertising for the above vacancies. PUBLIC HEARINGS 1. Mayor Sansone opened the public hearing concerning cost of the ABATEMENT OF W RED S AND OTHER NUISANCES. It was noted that there were only a total of five (5) parcels recommended for assessment on the County Tax roll as enumerated in Exhibit "A" attached to the subject resolution. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made to adopt Resolution No. 92 -87, confirming ' the cost of the Abatement of Weeds and other Nuisances; and requesting the Auditor - Controller of Orange County to enter the amount of each Assessment in "Exhibit A" of the resolution on the County Tax Roll. Mayor Sansone referenced the vacant lot at 701 Marguerite Avenue, indicating it has been an unsightly eyesore for several years, and directed the City Attorney to take whatever steps are necessary to abate this nuisance permanently. 2. Mayor Sansone opened the public hearing regarding VACATION OF STREET RIGHT -OF- WAY FOR THE CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS WITHIN TRACT NO. 7247 (SPYGLASS 'RIDGE). Report from the Public Works Department. Letter in opposition from Karl Wolf, urging the Council to vote against the proposed vacation. Letter strongly protesting a gate of any type for the tract submitted by Leita A. Ergin, 1627 Castle Cove Circle, stating that she is a handicapped- disabled person. It was recommended by staff to continue the public hearing to September 28, 1992; to amend Resolution No. 92 -80 by adopting the revised map and description for the streets to be vacated and to direct staff to re- notice the public hearing. Motion I I Ix I I ` I I I Motion was made to approve the foregoing All Ayes recommendation. Volume 46 - Page 261 MINUTES Fire /Weed (41) 92 -87 R -O -W (90) is CITY OF NEWPOA,T BEACH August 24, 1992 Mayor Sansone opened the public hearing on the application of The Irvine Company for a series of approvals related to the Circulation Improvement and Open Space Agreement -- Development Agreement No. 6. Site specific approvals are also included, as follows: General Plan Amendment 92 -2(C): Request to amend the Land Use Element of the Newport Beach General Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center. The proposal also includes the acceptance of an environmental document; Local Coastal Program Amendment No. 28: Request to amend the Local Coastal Program, Land Use Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq.ft. of retail commercial entitlement to Fashion Island in Newport Center; Proposed ORDINANCE NO. 92 -35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Development Agreement No. 6); Traffic Study No. 82: Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation. Improvement and Open Space Agreement. Planning Commission Amendment No. 763 - Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units; property located at 1501 Ford Road, adjacent to the easterly side of MacArthur Boulevard, between Ford Road and San Joaquin Hills Road, in the Harbor View Hills Planned Community; Proposed ORDINANCE 30. 92 -36, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (PLANNING COMMISSION AMENDMENT NO. 764); Request would provide for the construction of 151 dwelling units; property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway; Volume 46 - Page 262 MINUTES ina Irvine GPA 92 -2(C (45) No. 2 d 92 -35 v Agm . 6 Study 82 PCA 763 Ord 92 -36 Upr Casta- ways PCA 76.4 CITY OF NEWPORT BEACH COLKIL MEMBERS MINUTES �f August 24, 1992 ROLL C\RLL INDEX Proposed ORDINANCE N0. 92 -37, being, Ord 92 -37 Newporter AN ORDINANCE OF THE CITY COUNCIL North OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY • DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO. 765); PCA 765 Request to provide for the construction of 212 dwelling units on Newport North and open space on Newporter Knoll., property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort; PLANNING COMMISSION AMENDMENT NO. 766 - PCA 766 Request to amend the North Ford Planned Community District Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units; property located at 3200 University Drive on the northeasterly corner of Jamboree Road and University Drive South, in the North Ford Planned Community; Proposed ORDINANCE N0. 92 -38, being, Ord 92 -38 Bayview . AN ORDINANCE OF THE CITY COUNCIL Landing OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE- ZONING • THE PROPERTY COMMONLY KNOWN AS BAYIVIEW LANDING FROM THE U DISTRICT TO THE P -C (]PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR BAYVIEW LANDING (PLANNING PCA 767 COMMISSION AMENDMENT NO. 767); Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P -C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. Proposed ORDINANCE NO. 92 -39, being, Ord 92 -39 AN ORDINANCE OF THE CITY COUNCIL SDiego OF THE CITY OF NEWPORT BEACH Creek No. • ADOPTING AN AMENDMENT RE- ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK NORTH AND JANBOREE/NACARTHUR FROM THE U DISTRICT TO THE P -C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO CREEK NORTH - JAMBOREE PCA 768 MAGARTHUR (PLANNING COMMISSION AMENDMENT NO. 768); Volume 46 - Page 263 CITY OF NEWPORT BEACH COUNCIL MEMBERS August 24, 199r) '� v ts� .� • • Request to amend portions of Districting Maps No. 44 and 66 so as to reclassify property from the U (Unclassified) District to the P -C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the sub act property; property located at 4600 Jamboree Road, bounded by Jamboree Road, MacArthur Boulevard and SR 73, and property known as San Diego Creek North located at 3500 Jamboree Road, bounded by the San Diego Creek, Jamboree Road and SR 73; MINUTES PLANNING COMMISSION AMENDMENT NO. 769 - PCA 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing; property located at 855 San Clemente Drive, on the southeasterly corner of San Clemente Drive and Santa Barbara Drive, in Block 800 of Newport Center; Proposed ORDINANCE M0. 92 -40, being, Ord 92 -40 Corp PlazE AN ORDINANCE OF THE CITY COUNCIL West OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE- ZONING THE PROPERTY COMMONLY KNOWN AS CORPORATE PLAZA WEST FROM THE U DISTRICT TO THE P -C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR CORPORATE PLAZA WEST (PLANNING COMMISSION AMENDMENT NO. 770); PCA 770 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the 0 -S (Open Space) and Unclassified Districts to the P -C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total); property located at 1050 Newport Center Drive, on the northwesterly corner of East Coast Highway and Newport Center Drive, across from the Corporate Plaza Planned Community. Report from the Planning Department. Letters of concern about the subject agreement from Newport Harbor Lutheran Church, Leon J. and Audrey E. Misiolek, Brad and Michelle A. Hanford, Betty C. M. Messmer, Fred H. Joyner (dba Tide Office Supply, Inc.), Grace Rosengren, Lynne L. 0. Prechel, -Cully Sutherland, Joseph E. and Florence Stasch, Nancy Kerr, Betren I. and Viola M. Smith, Cathleen Himel, Paul T. and Virginia L. Hawker, E. P. Benson, and H.R. Pearson. Volume 46 - Page 264 COUNCIL MEMBERS ROLL • • • CITY OF August 24, 1992 Letters in, support from Citizens for Better Newport, and W. Lee Spencer. Letters expressing support for the City to purchase the Open Space: Kimberly Jansma, Nancy Rayl, M. Garncoa, Lester Packard, J. Coates, S. Carlson, Shirley Packard, Priscilla M. Groth, Doris D. Conroy, Richard Knox, Jenell Wales, Mary Sanders, Catherine S. Wales, J. E. Groth, Henrietta Fletcher, Louis Belles, Niki Kinkel, and Louise R. Day. The .City Clerk advised that after the agenda was printed, additional letters were received concerning. the subject proposal: Support - (telephone message) Bob Cooper Concern/Oggosition - Mr. and Mrs. Arthur Courteau, Patricia Fonkalsrud (telephone message), Alan Blum, David Williams, George M. Crall (FAR), Shelley Spurgeon, Ann and Lloyd Dietz, Robert M. Barton. In Favor of _Open Space /Purchase - Mrs. Joann M. Sprenger, Shirley Clemens, Abby Loubet, Jay and Ann Rhorton, Donald and Frances Burdorf, Pernel and Mary Ann Barnett, Dell F. Kahan, The Newport Conservancy, Jean Wilson Clouse, H. R. Nyholm, Tayna Tarr, Kip and Jamie Kula, Louise Marscellas, Carl L. DeVries, Candi Hubert, Mr. and Mrs. Lynn Friedman, Sue and Charles Turner, Billy Jencks, Mark G. Hoglund (Cliff Haven Community Association), 33 signatures - "Behalf of All Intelligent Newport Beach Residents," Diana Black, Lauri Mendenhall, Mrs. William H. Spurgeon III, Mrs. Lawrence E. Gates, Suzy Picker, Angela Ficker White, and Patricia and Hans Bode. Patricia L. Temple, Advance Planning Manager, in summarizing the proposal noted the following: "This project is composed of a comprehensive set of applications to provide entitlement for the remaining undeveloped sites in the City owned by The Irvine Company. The primary approvals are the adoption of the Circulation Improvement and Open Space Agreement, Development Agreement No. 6, and the vesting of the proposed development pursuant to the City's Traffic Phasing Ordinance. The agreement will be outlined in detail in the presentation by The Irvine Company. The details of the agreement are the result of exhaustive discussions between the company and an ad hoc committee of the City Council formed for the purpose of developing the terms of the agreement. The committee was composed of the Mayor and two City Council members with support from the City Attorney, Public Works and Planning Departments. The Volmse 46 - Page 265 MINUTES GPA 92 -2(C • Is • CITY OF NEWPORT BEACH August 24, 1992 agreement is a product of the City Attorney with substantial input from The Irvine Company. "There are three primary components of the agreement: 1) Circulation Funding Program, 2) . Open Space Dedication Program, and 3) Provisions for the Vesting of Entitlement. "In preparing the analysis of the project, staff noted that the project would constitute the final discretionary actions in the Newport Center area. As a result, very late in the process, the staff raised the issue of dedication of Newport Village from the Library site to San Miguel Road. The City Council ad hoc committee and The Irvine Company determined that the dedication could be accomplished so long as the company was given the ability to use a portion of San Diego Creek North between the Bayview Drive extension and the Creek for mitigation of San Joaquin Hills Transportation Corridor impacts as discussed in the staff report. This concept has been incorporated into the Development Agreement. "In addition to the approval of the agreement, the development will be vested pursuant to the provisions of the Traffic Phasing Ordinance. This approval is under the long -term comprehensive project provisions which allow for the use of the net benefit concept. The balance of the approvals are the adoption or amendment of eight planned. community texts which set forth development standards for each site. The standards include height limits, setbacks, parking requirements, landscaped standards, etc. , for four sites of the Castaways, Newporter North, Block 800 and San Diego Creek South, and will be subject to site plan review and tentative tract map approval. Development on Block 800, Newporter North, and Bayview Landing will be subject to use permit requirements. Develop- ment on Freeway Reservation East will be subject to additional tract map approval; the only site for which there is no discretion- ary action is Corporate Plaza West. "Subsequent to preparation of the staff report, the need for minor alterations to two of the mitigation measures were identified. Additionally, The Irvine Company has met with the U.S. Fish and Wildlife Service, and has identified an additional mitigation measure. These are Volume 46 - Page 266 A 92 -2(c; COUNCIL MEMBERS 0 • CITY OF NEWPORT BEACH August 24, 1992 described in the Supplemental staff report to the Council, and should be incorporated into the final action of the City Council, if it is taken this evening. In addition, some minor modifications to the findings prepared for certification of the Environmental Impact Report have been identified. The list of discretionary actions on page 5 (staff report page 306) should be amended to include Local Coastal Program Amendment No. 28 and the related approval in concept. The significant effect on biological resources identified on page 36 (staff report page 337) should be revised from will to may, to accurately reflect the language in the text of the EIR. "The staff would like to note for the City Council the additional requirement that has been incorporated into the P -C Text Amendment for the southern portion of the Freeway Reservation East site (Harbor View Hills Planned Community). This measure will require an additional acoustical analysis of the designs of the structures to assure optimal sound attenuation from that development for the adjacent community. "Another issue raised in the staff report is access from Dover Drive to the view park and bluff top areas of the Castaways site. If the City Council desires to impose a requirement of this nature, staff has prepared additional language for the planned community text. "Correspondence received by the City Council prior to the hearing has requested a 75 foot setback from the top of the slope for the Castaways and Newporter North sites. This request was based on an estimate of a projection of a 2 to 1 slope from the existing toe of slope on the Castaways site. It's important to note that the bluff side setback established in the draft P -C Text under consider- ation, include the greater of this projection of a 2 to 1 slope from the existing toe of slope or 40 feet, whichever is greatest. It is the opinion of staff that the concern raised by this correspon- dence is satisfactorily addressed by the existing provisions. since if the scenario presented is true, the existing provisions in the P -C texts would result in the requested setback. Volume 46 - Page 267 MINUTES CPA 92 -2(C; iJl�4 -ia-i:1a•� • 0 • • CITY OF NEWPORT BEACH "The Planning Commission received a number of comments regarding the widening of Dover Drive to the master plan configuration of six lanes. While the project includes grading out of the roadway for this purpose, the subject of the master plan designation of the roadway is not subject to alteration at this time. The designation of Dover Drive adjacent to Upper Castaways has long been on the master plan of streets and highways and is also on the County master plan of arterial highways. The need for this road is not directly related to the development of Upper Castaways, but is required as a frontage improvement requirement of the development. As part of the Traffic Study, the long term need for this improvement was again validated. This arterial designation is necessary to maintain the correlation of the City's Land Use and Circulation Elements which was achieved by the General Plan update approved by the City in October of 1988. "At the Planning Commission hearing, several persons testified in regards to the relationship of the possible future widening of Dover Drive to the ultimate need for the construction of the 19th Street bridge over the Santa Ana River. During the Commission meeting, staff indicated that there is no connection between the widening of Dover Drive and the need for the 19th Street bridge. In the response to comments, staff had the consulting Traffic Engineer validate the traffic consequences of the project on the ultimate need for the 19th Street bridge. A special traffic model run revealed that of all the automobiles anticipated to utilize the 19th Street bridge, only 640 (2.53) will also use the portion of Dover Drive between Coast Highway and Westcliff. This is the total automobile trips which cross the City of Costa Mesa via 19th, 17th and 16th Streets. Of these 640 trips, only 81 (0.33) can be attributed to the project, and only 30 (0.13) can be attributed to the development proposed for Upper Castaways." The Public Works Director, referencing certain aspects of the Circulation Element improvement funding, stated that the point he wished to emphasize is that the funding advance will be available to use as matching funds and thus can be leveraged. The City competes with other cities and other agencies for funding under various regional funding programs and almost all Volume 46 - 268 MINUTES 92-2(C: Ks '.. ■ia 11: An 0 CITY OF NEWPORT BEACH August 24, 1992 the programs available require matching funds, thus the funds proposed to be advanced can be leveraged and very useful in completing the remaining elements of the Circulation Element in the General Plan. Further, the priorities for completing those projects will be set by the City. With respect to the San Diego Creek North Planned Community site, the Public Works Director stated it includes an area for the proposed ramp from Jamboree Road to the San Joaquin Hills Transpor- tation Corridor, and he would like to recommend that paragraph 5.1 of the Development Agreement be amended to read as follows: "Company shall dedicate to the City the area shown as open space /public facilities on the Planned Community Development text for each parcel, with the exception of certain lands on the San Diego Creek North site that may be necessary for implementation of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency." In response to question raised by Council Member Plummer relative to the widening of Dover Drive, the Public Works Director stated that the area in question pertains to Dover Drive between Pacific Coast Highway and Westcliff Drive only. In response to question raised by Council Member Hedges relative to what circulation improvements are contemplated by the approval of a Development Agreement, as opposed to what otherwise would be constructed without the benefit of a Development Agreement, the Public Works Director commented that the Agreement does not directly specify any circulation system improvements other than the obligations of the various parcels to construct fronting improvements associated with development of the specific parcel, but the Agreement does provide for an advance of funding in the amount of $20.6 million that would be available for the City to use for improvements to any element: of the circulation system in the General Plan. The City Attorney advised that the Development Agreement specifies three criteria that the City has to apply in considering how to use the advance funding which are: 1) improvement has to be consistent with the Circulation Element, 2) contribute to the overall reduction in ICU at certain intersections, and 3) represent improvements which have been considered by the Council in finding that the benefits to traffic circulation resulting from the agreement Volume 46 - Page 269 MINUTES GPA 92 -2(C CITY OF NEWPORT BEACH gf�� August 24, 1992 substantially outweigh any increase in traffic congestion at impacted, but improved intersections. In response to Council Member Hedges • inquiry, the Public Works Director stated that the most significant project that the City Council has approved preliminary steps on is the widening of MacArthur Boulevard from PCH to Ford Road, and to the future San Joaquin Hills Transportation Corridor. Council Member Hart pointed out for the benefit of those in the audience that the Planning Commission approved less than a 40 foot setback on the coastal bluff which was referenced earlier by Ms. Temple. In response to remarks by Council Member Hart, Ms. Temple stated that at the time The Irvine Company indicated to the City staff that they were willing to give up on the request, to have that encroach- ment into the bluff top setback area, it was the assumption of staff that any larger setback was automatically acceptable, and as a result, staff went ahead and altered the Planned Community Text for Castaways and Newporter North, and those actions are now before the Council. Consequently, it is being recommended that Ordinance Nos. 92 -36 • and 92 -37 be reintroduced. In response to question raised by Council Member Watt regarding the 40 foot setback, Ms. Temple commented that the provisions in the P -C text are exactly the same as in the bluff setback ordinance established in the City's municipal code which sets a 40 foot minimum or greater, if the projection of a 2 to 1 slope from toe results in greater than 40 feet. However, in the. correspondence the City Council received, the author based his calculations on a 75 foot setback which he felt was correct. Discussion continued wherein Ms. Temple stated that the provisions of the Circulation Improvement and Open Space Agreement ;provide for payment of three different types of funding for circulation improvements and roads: 1) prepayment of fair share fees, 2) commitment to frontage improvements, and 3) advance funds paid to the City. In essence, the Agreement will require the City to return back to The Irvine Company, 50% of the fair share fees that gather on a yearly basis, and if at the • end of 20 years the advance is not fully repaid, then the balance is forgiven. The other aspect of the advance is that it is interest free. Volmae 46 - Page 270 f"Ffi_111s-- GPA 92 -2(C CITY OF NEWPORT BEACH COUNCIL KMERS August 24, ��� .. . . .� e. 0 0 • In response to question raised by Mayor Sansone, Ms. Temple stated that each project, with the exception of Corporate Plaza West, has a specific set of subsequent discretionary actions which must be approved, at minimum, by the Planning Commission, and possibly the City Council if appealed or called up. Corporate Plaza West, unless the project is proposed to vary from the development standards contained in the P -C, could proceed without further discretionary action. In response to question raised by Council Member Hedges, Ms. Temple explained how fair share fees are calculated pursuant to the provisions in the Municipal Code. Raymond Watson, Vice Chairman of The Irvine Company and resident of Newport Beach, addressed the Council and stated this specific proposal began three years ago, and during this period, they have met with the City Council Ad Hoc Committee, Parks, Beaches & Recreation Commission, community associations, SPON, Newport Conservancy, and as a result, they have modified their plan along the way. He stated that. not everyone is going to be happy with the outcome, but for the most part, they feel they have met the needs and desire of the community and that it has been a very constructive and healthy process. He added that they are not requesting anything more than what is allowed under the General Plan. Tom Redwitz, Vice President of The Irvine Company, gave an in -depth and detailed slide presentation of the history connected with this proposal; an outline of the proposed Circulation Improvement and Open Space Agreement; and a review of the twelve sites included in the subject Agreement. In summary, he noted that they reviewed 12 sites totaling 258 acres; the proposal consists of $21.1 million in financial commitments for circulation system improvements; there are 152 acres of open space (77 acres more than required in the General Plan); there will be less development than the City General Plan allows; and significant benefits to the City and Community. Mr. Redwitz pointed out that the Development: Agreement requires that each project come back to the City Council (except for Corporate Plaza West) for subsequent public hearing and review by the City prior to any construction. In addition, nothing in the Development Agreement precludes the City, Newport Conservancy, or any third party from acquiring or purchasing the Castaways or Newporter North sites for open space. Volume 46 - Page 271 MINUTES GPA 92 -2(( COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH August 24, 1992 In response to question raised by Council Member Hart, Mr. Redwitz confirmed that conceptually, as it relates to the Castaways site, The Irvine Company will not build homes any higher than 2- story, and that the homes closer to Dover Drive will be somewhat similar to the surrounding community, such as Mariners. In response to question raised by Council Member Turner regarding senior housing or in -home care, Ms. Temple commented that the Land Use Element of the General Plan makes broad provision for senior citizen housing facilities. In residential areas, it acknowledges that the provision for senior citizen housing facilities may involve densities higher than any specific density limit or dwelling unit limit provided for in the Land Use Element that is allowed under the General Plan, upon the finding that the project that is ultimately constructed would be no more by way of traffic generation than the standard residential project at the density indicated in the General Plan. In essence, depending on the character and nature of the facility, you may have significantly more rooms or beds, etc. Assisted :Living and skilled nursing facilities are subject to approval of a Use Permit. In response to question raised by Council Member Watt regarding siting and bulk, Ms. Temple stated that the provisions contained in the Development Agreement provide for subsequent discretionary action of most of the sites via site plan review. The site plan review procedures are a mechanism whereby the Planning Commission can review the site plan in order to address specific site planning issues. In this type of an assessment, it would be her observation that the City Council does not have as much discretion as it would normally have in a regular tentative tract map zoning adoption process. However, through the site plan and tentative map procedures, there is a significant amount of discretion that the City has in terms of affecting the site plan itself, and the grading plan as well. The City will not be able to make wholesale alterations to the development standards. In response to question raised by Council Member Hedges regarding the open space dedication conditions (Exhibit F), the City Attorney advised Exhibit F does state that: the City is required to record a covenant, but the Development Agreement itself specifically authorizes the City to transfer parcels dedicated to open space to third parties, so long as that third party assumes the responsibility for maintaining it as open space.. Volume 46 - Page 272 MINUTES GPA 92 -2(C CALL CITY OF NEWPORT BEACH If�� August 24, 1992 Council Member Hedges inquired as to how much it would cost the City to maintain the properties proposed to be dedicated for open space or park use, to which Ron Whitley, Director of Parks, Beaches and • Recreation indicated it is estimated between $100,000 to $150,000 annually for all the acreage involved. Discussion ensued with respect to what amount of revenue would be generated in terms of property taxes as a result of this build out, wherein Council Member Turner advised that this was an item of discussion at their Circulation Buildout Ad Hoc Committee meetings. They took into consideration the loss of taxes by not building out more square footage, but they also felt it was reflective of the philosophy the City wanted to maintain when it approved the amendments to the General Plan in 1988 and down zoned certain properties throughout the City. In response to remarks of Council Member Watt regarding the Jamboree/MacArthur Triangle and San Diego Creek North sites not being suitable for office space because of San Joaquin Hills Transportation Corridor, Mr. Redwitz commented that he concurred that both sites will be difficult to build on, but are buildable. He stated it is their understanding that there is a desire among the community and the City to reduce office entitlement because there would be a net benefit to the circulation system due to fewer cars. Also, that amount of square footage within the General Plan is being eliminated and is not being proposed to be transferred to another site. In response to question raised by Council Member Turner regarding the Development Agreement as it relates to the Castaways site, Ms. Temple advised that the P -C text as currently drafted in the Agreement, does not preclude the creation of a direct vehicular and pedestrian access from the current end of 16th Street to the bluff top /setback and park areas. However, it does not mandate that it occur and the way it is structured currently, if The Irvine Company were to choose to construct a gate- guarded community, it may not be feasible to bring a public road through that area based on their development concept. She stated she had indicated earlier that this is an issue raised by the Lutheran Church, and if it is the opinion of the City Council that such an • access is absolutely necessary, then she would suggest that a provision be added to the P -C text making said requirement. Volume 46 - Page 273 MINUTES GPA 92 -2(C CITY OF NEWPORT BEACH �1&\ August 24, 1992 Mr. Watson addressed the Council again in reply to Council Member Turner's remarks regarding dedication of property, and indicated that they will work with the City in terms of flexibility regarding the subject of dedication; however, when they convey property for open space it is their intent to impose restrictions whereby that property remains unchanged as to its use. Mayor Sansone made reference to the height limit allowed for the Castaways site, wherein Mr. Redwitz stated that pursuant to current zoning, they are allowed up to a 32 -foot height limit. He stated they may not need the 32 -foot height limit, but it is very difficult to estimate the actual height limit at this time without the benefit of knowing the product they are going to build. In response to question raised by Mayor Sansone regarding the feasibility of switching the senior housing project proposed for Bayview Landing to the Castaways recreational park site, Mr. Redwitz commented that as a result of their study and the various outreach community meetings, it was felt that there is a desire to have an active park on the Castaways site; however, if it is the desire of the City Council to provide affordable housing on the Castaways site, and an active park on Bayview Landing, they would not oppose the idea. In reply to question by Council Member Watt, Mr. Watson indicated that if this switch in use were approved, and the Newport Conservancy were to purchase the Castaways site, the purchase price to the Conservancy would not be penalized. At this time the meeting was opened to public testimony. Carl Hofbauer, 20421 Bayview Avenue, Santa Ana Heights, representing SPON, commended The Irvine Company in their efforts to arrange for public acquisition and permanent protection of open space of the Upper Castaways and Newporter North sites, and he hopes their efforts are successful. He stated he would like the City Council to consider the various recommendations referenced in SPON's letter dated August 18, 1992. He cited some of their primary concerns as follows: 1) They feel the minimum bluff setback should be increased from 40 to 75 feet. 2) They would like to limit development on Newporter North to above the 110 foot contour. Volume 46 - Page 274 MINUTES CPA 92 -2(C; [ilk, I 1 7�"13"nj3: y R • CITY OF NEWPORT BEACH S � \A\ August 24, 1992 3) They support efforts to limit average heights of development on Upper ,Castaways and Newporter North to 24 feet. 4) That there be public access from 16th Street to the bluff park on the Upper Castaways. (In his own opinion, pedestrian access would be sufficient). Dr. Jan Vandersloot, 2221 16th Street, stated that he has met with representatives of The Irvine Company over the past few years regarding this project, and commended them in "pulling back development" in some of the wetland areas and dedicating more open space than required in the General Plan. He also commended the City for assisting in the purchase of properties at Upper Castaways and Newporter North for permanent open space. He suggested that no development be allowed in the Newporter North site in the best interest of the ecology of Newport Bay. If development is allowed, the Fish and Wildlife Service as well as the Fish and Game Department, contend that the Coyote that is at the Newporter North site now will probably disappear from site. He stated that the magnitude of this problem is described in the Bolsa Chica EIR where development of some 4000 homes is being considered on the mesa above the wetlands in Huntington Beach. In reference to East 16th Street, he stated that the EIR does not address the impacts to East 16th Street, inasmuch as there has not been a noise or traffic study involving East 16th Street; it only analyzes 16th Street between Dover and Irvine Avenues. He suggested that prior to approving this project, the Council consider the impact of the 1500 per day vehicle trips at the end of 16th. Street which will affect the people of East 16th Street. In concluding, he stated that it is the opinion of the City Manager of Huntington Beach that property taxes from residential developments in that City ultimately do not pay for the services that are needed to serve those residential developments, and this may apply to other cities as well. Therefore, it could prove that it will cost more to have residential developments on the Castaways and Newporter North than by keeping the property as open space. He also hopes the City gives Newport Conservancy enough time to purchase these two parcels so they will remain as open space. Allan Beek, 2007 Highland Avenue, stated he was pleased to see the City Council and staff, The Irvine Company, and Newport Conservancy working together to give the voters a chance to purchase the Castaways and Newporter North parcels, and he looks forward to seeking voter approval. however, that is not the issue Volume 46 - Page 275 c)(11i,W GPA 92 -2(( r � a, rya•.. • • 0 CITY OF NEWPORT BEACH August 24, 1992 at this time. He stated that the Development Agreement under consideration incorporates by reference a set of code amendments, and if the Agreement is approved, he felt the City has "tied the hands for all future City Councils." Therefore, the Council will lose forever the power to amend, correct errors, or keep up -to -date. Any oversights will be permanently frozen in, and to sign the Agreement would be a tragic mistake. He referenced the letter from SPON to the City Council dated August 18, 1992, citing short- comings in the Agreement. He discussed the topic of gated communities and explained his reasons for opposing same. He addressed the subject of separating open space from private homes as illustrated in a brief slide presentation. He stated he supports the Mayor's comments relative to a 24 -foot height limit. In conclusion, he urged the Council to not approve the Development Agreement as he does not feel it is necessary. Anita Meister -Boyd, 1848 Port Carlow, spoke regarding the parcel known as Freeway Reservation East in which there are 12 dwelling units proposed on the site. She stated that the open space that currently exists on this property is shared by adults and children for active and passive recreational use, and on the 4th of July, the community congregates to observe the fireworks festivities throughout the City. Freeway Reservation East, sometimes referred to as Nature Park Extension, meets the objectives of open space as set forth in the EIR, but the 17.3 acres left after the proposed development on the subject property does not meet the City's criteria as they are relatively inaccessible and are unsuitable for active or passive uses, except as a small proposed park. She emphasized the noted differences between the Freeway Reservation East parcel and all the other parcels under consideration relative to the proposed 12 dwelling units as enumerated in her letter to the City Council. In concluding, she urged that this site be preserved as open space. Robert Davis, representing Newport Harbor Lutheran Church, 798 Dover Drive (adjacent to the Castaways site), stated their primary concern is Exhibit "F" which they feel creates a landlock situation for the church. When Dover Drive is eventually extended, the City will purchase land from the church for the frontage, and as a result, they will have no place to expand or be able to trade the City for equal amount of land on their southerly property line. Therefore, it will make them illegal to operate under their conditional use permit. He pointed out that the Development Agreement as written, Volume 46 - Page 276 MINUTES 92 -2(C; ci�'." 0 • 0 CITY OF NEWPORT BEACH August 24, 1992 particularly Exhibit "F", causes further problems, which he has set forth in a detailed letter to the City Council dated August 12, 1992, citing (in part) as follows: 1) he Agreement will harm their present programs and future expansion plans;. 2) The Agreement provides inadequate parking for both the proposed parks; 3) The Agreement provides inadequate public vehicular access to the passive park and the bluff viewpoint, and 4) The agreement does too little to protect the bluffs and its environment. Mr. Davis displayed an exhibit outlining a proposed plan by the church, recommending that the parking be placed on the north end of the park, and that 16th Street be realigned for improved access. Taylor Grant, Vice Chairman of the Parks, Beaches & Recreation Commission, addressed the Council in response to inquiry regarding the proposed park on the Castaways site. He stated that currently it is anticipated the park will accommodate a combination soccer field and baseball diamond, unlighted, with supporting restroom facilities and probably a tot lot. Specific parking is provided for adjacent to the active park in the conceptual plans. Linda Schindler, 1800 Port Tiffin Place, spoke in support of retaining the Freeway Reservation East (Nature Park Extension) as open space. She stated she concurred in the remarks of Anita Meister -Boyd in opposing the proposed 12 dwelling units on this site. She stated that in reviewing the EIR, she noted that 9 out: of 12 items were a negative impact if this land was developed, and therefore, urged the Council to reconsider the proposal for this site. Karen Eva.rts, 426 Via Piazza Lido, stated she is a 20 year resident of the City and also a charter member of "Citizens to Save the Blufftops," and will be speaking on behalf of herself and the Committee. She commended The Irvine Company, City staff and City Council for their careful planning and vision as reflected in the Development Agreement of the City's remaining open space. She discussed the seriousness of the current and future drought situation as it relates to new development; the proposal to sell the Castaways and Newporter North sites by Volume 46 - Page 277 MINUTES 92 -2(C) COUNCIL MEMBERS • • CITY OF NEWPORT BEACH �* \ %\ August 24, 1992 The Irvine Company, and the need for the City to help financially in those acquisitions for open space; she cited concerns with respect to the Development Agreement and indicated it not be adopted at this time. Richard Luehrs, President, Newport Harbor Area Chamber of Commerce, spoke in support of the Circulation Improvement and Open Space Agreement as presented. The Chamber recognizes the many benefits this proposal will bring to the community. With the City under increasingly budget constraints, the proposed program provides an excellent opportunity to obtain substantial funds for improvements and create additional tax revenues. The project will also create much- needed jobs during construction and provide additional spending in the community. He alluded to the financial problems the State is now facing and its impact on the City, and indicated this situation was not going to get any better or go away. In concluding, he stated that not only will the City benefit by having funds available for circulation improvements called for in the City's traffic element, the City will be in a very competitive position for matching funds from outside sources. Therefore, the City cannot afford to pass up this proposal, not only because of the economic benefits it provides, but the open space: as well. Len &oluvek, 610 Tustin Avenue, President, Friends of Newport Bay, stated hit was appreciative of the efforts of The Irvine Company, the City and Newport Conservancy to form an assessment district to purchase the land surrounding Newport Bay. He discussed the importance of preserving wildlife in the Bay as well as the importance of not developing Newporter North site; he also discussed the benefit of the Coyote as opposed to the Red Fox in the Bay area; he also felt there should be a road alongside the bluffs, not just an public access trail. Royal S. Radtke, 330 Mayflower Drive, President of the Corona del Mar Chamber of Commerce, stated that their Board supports The Irvine Company's proposal. However, speaking as President of the DeAnza Bayside Village Homeowners Association, which consists of 266 mobile homes for senior citizens, he stated it is their recommendation that rather than place senior housing on Bayview Landing, that The Irvine Company consider selling the land that Bayside Village is presently on to the seniors for senior housing, therefore affording low- income housing for 266 units in the City. At the present time, DeAnza Bayside Village Homeowners Association does not fit into any of the City's categories: as far as Volume 46 - Page 278 MINUTES GPA 92 -2(( CITY OF NEWPORT BEACH SfOs\ August 24, 1992 IImEX housing, other than alternate housing. GPA 92 -2(C He urged the Council to give some thought to the issue of affordable housing (which to most is not affordable in Newport Beach) and their recom- mendation to relocate to Bayview Landing. Taylor Grant, Vice Chairman of the Parks, Beaches 6 Recreation Commission, directed his comments to the Circulation Improvement and Open Space Agreement. The Commission's recommendation is to approve the open space element; they do not feel that any additional acreage is needed; the proposal for the Castaways site is a good compromise and overall plan; the Commission addressed the issues of economic balance, maintenance costs, improvement costs, etc., and in summary, the Commission is looking forward to either implementing the plan. under consideration or working with the group who purchases the Newporter North and Castaways sites in hopes of meeting the recreational needs of the City. David Iamb, 1851 Port Stanhope, addressed the Council regarding the Freeway Reservation East parcel (proposed to be part of the Newport Hills Community Association). He discussed the impact development would have on the adjacent community; he stated the neighborhood ad hoc committee to study this issue, met with The Irvine Company several times and would like to see it remain as open space; however, if this does not occur, they feel the proposed plan is workable for their association. Robert R. Weber, 420 Heliotrope Avenue, stated he has been a resident of the City for 20 years; he is an affordable housing advocate for Orange County. Homeless Issues Task Force, and commended the City on its General Plan, particularly the Housing Element and the work that went into preparing it. He stated he supports the proposal submitted by The Irvine Company which provides for 956 housing units and would urge its approval. Joanne Burns, 300 Cagney Lane, stated she was speaking as a member of the SPON steering committee, and as a concerned environmental resident. She commended all those involved in this issue who have given so much of their time. She spoke in support of saving the bluff face and wildlife; was in favor of • moving the senior citizen site from Bayview Landing to the Castaways site; and felt that senior citizens and bicyclists do not make a good mix. Volume 46 - Page 279 F-1w; 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS August 24, 1992 Bill Schonlau, representing Citizens for a Better Newport, stated they endorse the proposed Circulation Improvement and Open Space Agreement, and strongly encourage the City Council to approve the document as they believe it represents cooperative, rather than adversarial planning between the City and The Irvine Company. He added that the proposed open space is a tremendous benefit to the City and that this open space can be realized without being a burden on the taxpayers. In summary, he emphasized three points they feel are critical to the value of this proposal: 1) the Development Agreement provides for more open space than is called for in the General Plan; 2) the front -end funding for traffic improvements are also beyond the requirements of the General Plan; and 3) the Newport Conservancy, or other similar agencies, who wish to purchase any of these parcels does retain the right to do so up to the time of pulling permits. Ed Benson, 1028 Westwind Way, stated he has been a resident of the City for 21 years, and has admired many of The Irvine Company developments throughout the City as well in the City of Irvine. He stated he supports the Circulation Improvement and Open Space Agreement because he felt it contributes to the betterment of the City; the Agreement provides for additional revenue in terms of property taxes as well as sales tax from those new residents, which funds could be used to defray costs for children's parks /playgrounds, etc., and therefore, urged the Council to accept the proposal as submitted. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Plummer referenced the issue of access to public parks at the Castaways site, and suggested the following language be included within Ordinance No. 92 -36: "The design of the subdivision and /or public parks by the City, approved through the tentative tract map and site plan review process, shall provide for vehicular public access and parking for the view park and bluff top open space from either 16tH. Street and /or the new intersection to be created at Cliff Drive. In making this requirement, if access is provided from 16th Street, the Planning Commission and /or City Council Volume 46 - Page 280 MINUTES GPA 92 -2(C 79 CITY OF NEWPORT BEACH August 24, 1992 MINUTES GPA 92 -2(C shall not stipulate that this access be provided directly through the residential area if the development includes private streets, is a gate guarded • community, or would result in fragmentation of the residential area. The project proponent shall also consult with the adjacent Newport Harbor Lutheran Church in the final design of the project in regard to public access from 16th Street." Motion x Motion was: made by Council Member Hart All Ayes to approve the foregoing. At this time, Council Member Hart complimented the City staff, the Council Ad Hoc Committee, and The Irvine Company on the proposed plan. She stated that Newport Beach is one of the slowest growing cities in the County, and by adding less than 2000 people in the next two years per the Agreement will actually work very well for the City; she felt that Bayview Landing was one of the most outstanding pieces of property around (upper section of Jamboree Road and PCH) looking up to the upper bay to the San Bernardino mountains, and she would hope there would never be anything on this site other than wildflowers and minor grading to improve the site; with regard to'Newporter North, she suggested • consideration be given to the suggestions referred to in Gordon Glass' letter regarding site plan variations; and pertaining to the Castaways site, she supports a modified plan to eliminate using the Lutheran Church parking lot for a public street. In response to the remarks made by Council Member Hart regarding the Lutheran Church parking lot, Ms. Temple advised that the conceptual site plan which Council Member Hart referred to is one of many concepts which have been developed and shown to various members of the community. The recommended actions to be taken in relationship to the Agreement do not include any site specific provisions, and it is her opinion, that the previous condition regarding vehicular and pedestrian access on 16th Street probably gives some latitude in the site plan review process to the extent that the overall functioning of the parking and the parks, the church and residential development is more easily addressed. In essence, there is really nothing to alter at this time. MID n x Motion was made by Council Member Hart All Ayes that the minimum setback on the coastal bluffs on the Castaways site shall be 40 feet. Motion x Motion was made by Council Member Hart to limit development to two - stories on the Castaways site. Volmme 46 - Page 281 MINUTES GPA 92 -2(C 70 W is • All Ayes Motion All Ayes • CITY OF NEWPORT BEACH COUNCIL MEMBERS \S \A0�A01 * \�\ August 24, 1992 Discussion ensued with regard to the above suggested action wherein the Planning Director reported that the definition of "stories" was eliminated some 20 years ago and substituted with the term "height limit." Following consideration of the above remark, it was suggested the height limit be ..et at 24/29 feet. Council Member Turner suggested the height limit be set at the time of site plan review to which the City Attorney indicated he had no objections. Mr. Redwitz addressed the Council at this time and stated it is their understanding from their legal counsel that development agreements do require that a maximum height is established. Mr. Watson stated that they have no objection to the average height limit of 24/29; however, if it is possible, there may be a structure they desire to be at the 32 foot height limit, subject to the Planning Commission and City Council review; the reason being that he does not want to see "everything at the same height." Mr. Redwi:tz suggested language that would require a 24 foot average height limit, going up to 29 foot maximum; however, upon review and approval of the Planning Commission, the height limit may go up to 32 feet. Ms. Temple re- worded the above language to read as follows: "All buildings shall comply with the height restrictions established by the City for this area. The maximum building height for all buildings shall be 24 feet. The Planning Commission, upon site plan . review, may approve buildings up to a maximum height of 32 feet. All heights shall be measured in accordance with the Municipal Code and determined from the grade approved in the site plan review and subdivision approval." Council Member Mart, maker of the motion, accepted the foregoing and clarified that the provision applied to Castaways and Newporter North, and the motion was voted on and carried. Mayor Pro Tem Turner made a motion suggesting the following additional language regarding Bayview remediation - Exhibit "IF": "(5) Company shall complete, to the City's satisfaction, a remediation program for the removal of known petroleum products or hazardous wastes on the Bayview Landing parcel prior to dedication. Company shall diligently pursue the remediation program to completion so that timing of the dedication is not affected." Volume 46 - Page 282 MINUTES 92 -2(C- CITY OF NEWPORT BEACH MEM4501 RL. August 24. 1992 EM Motion • Ayes Noes Motion All Ayes • Motion All Ayes • X XI XI XI XI XI XI X X Council Member Turner made another motion suggesting an additional revision to Exhibit "F" regarding flexibility and changing the next to last sentence to read: ". . and that the City will not abandon the dedicated parcels or. transfer all or a portion of a dedicated or conveyed parcel to a third party for other than open space for the uses specified in the P -C text, unless, 1) the proposed transfer is necessary to implement City acquisition of open space or other property owned by a third party, 2) the proposed development will not compete, conflict or interfere with development proposed or constructed by the company, and 3) the proposed development is consistent with the Iand Use Element." Following discussion the motion, as made by Council Member Turner was voted on and FAILED. Motion was made by Mayor Pro Ten Turner to approve: the following language read into the record by the City Attorney regarding the Castaways site and access to Dover Drive: "To facilitate the widening of Dover Drive or access to the park or open space on Castaways, the City may convey to the Lutheran Church a portion of the dedicated parcel on the south side of the Church property. The amount of property conveyed to the Church in the event Dover Drive is widened shall, at minimum, provide replacement parking for spaces lost as a result of a widening. Any conveyance to the Church to provide replacement parking shall be conditioned on the Church's conveyance of Dover Drive frontage necessary to accommodate the widening to Master Plan standards." With regard to San Diego Creek North, motion was made by Council Member Turner to add the following language to the first sentence in Section 5.1 of the Development Agreement: "Company shall dedicate to City the area shown as open space /public facilities on the Planned Community Development text for each parcel, with the exception of certain lands on the San Diego Creek North site that may be necessary for implementa- tion of the San Joaquin Hills Transportation Corridor which should be offered for dedication directly to the Transportation Corridor Agency." Volume 46 - Page 283 :) GFA 92 -2(C CITY OF NEWPORT BEACH • Motion Ayes Noes • X I X I X I X lxlxl X Discussion ensued regarding senior citizen housing relocation between the Castaways site and Bayview Landing, and Mayor Sansone asked Ms. Temple how the logistics would be handled if the City Council were to move the senior citizen housing from Bayview Landing to the Castaways site. Ms. Temple, responded that in order to implement a change of this nature, the action is rather complicated. Currently, there is a suggestion to adopt a resolution amending the Land Use Element of the General Plan regarding the Bayview Landing site and another resolution regarding the Local Coastal Program amendment for Bayview Landing site. Unfortunately, the Planning Commission did not address in any way, shape or form, the trade -off the Council is considering at this time, therefore, pursuant to City Council Policy Q -1, this matter must be referred back to the Planning Commission for public hearing. In response to question raised by Council member Watt, Ms. Temple stated that if the Council trades the active park proposed for the Castaways site for senior citizen housing at Bayview Landing, there will definitely be more building (mass and bulk) on the Castaways site; and the use of the senior citizen housing facility as provided currently in the Bayview Landing teat requires that the entire development be subject to the review and approval of the use permit which allows the Planning Commission and City Council on an appeal or review to address the specifics of the project. Pertaining to the Bayview Landing/ Castaways trade -off, motion was made by Mayor Sansone to continue agenda action . items f 6 g (amendments to the Land Use Element and Local Coastal Program Land Use Plan for Bayview Lending), and to direct the staff to advertise same for public hearing by the Planning Commission on September 10 and City Council on September 14, 1992. Prior to voting on the above motion, Ms. Temple pointed out that construction of senior citizen housing on the Bayview property involves the transfer of 30,000 sq. ft. of retail commercial to Fashion Island, and she just wanted the Council to be aware that the potential for creating an active park on Bayview Landing and the senior housing on the Castaways site also involves that 30,000 sq.ft. transfer. Council Member Plummer suggested the Council consider appointing an ad hoc committee to report back in six months on the formation of an assessment district for voter approval for one or more of The Irvine Company owned parcels, and to direct staff to come back at the neat meeting with the appropriate resolution and guidelines. Volume 46 - Page 284 MINUTES -PA 92 -2(C: CITY OF NEWPORT BEACH MINUTES �", \ &- August 24, 1992 Volume 46 - Page 285 92 -2(C) No formal action was taken on the foregoing at this time. In response to comments made by Council Member Plummer regarding the paving of Dover Drive, Ms. Temple stated that the • Public Works Department has requested the grading out of the road bed and the dedication of the right -of -way for the ultimate width of Dover Drive, and currently the City's traffic model shows that, with or without the development of Upper Castaways, that amount of road is required in that particular location. However, it is not required to date and it may not be required for many years into the future. The Public Works Director concurred in the above remarks, and also stated that the ultimate master plan need for widening of Dover Drive is not dependent explicitly on development of the Castaways site and traffic generation from that site. Council Member Watt referenced the letter from Gordon Glass regarding the view of Avalon from Jamboree Road, and indicated she would like to see this view preserved through the site plan review process. In reply to the above, Ms. Temple reported that the staff did a great deal of research in addressing Mr. Glass' • comments regarding the EIR, the project and the response to comments, and the staff believes that the development area defined does preserve the existing view toward the lower bay and of Catalina. Council Member Watt also commented that the reason the Newport Conservancy was not represented in the hearing tonight was because the group signed a. memorandum of understanding with The Irvine Company this afternoon. She summarized parts of the agreement, noting it states that the Conservancy will not object to this development plan and agreement; that by November 1, 1992, there will be a negotiated purchase price; by April 1993, the Conservancy would ascertain the interest of Newport Beach voters in supporting the funding; and by November 1993 an election would take place if determined necessary. She also referenced the letter from the Conservancy dated August 14, 1992, wherein it is requested that the City Attorney and City Manager work with the Conservancy and The Irvine Company to develop an initiative and /or ballot language that could be used by an assessment district. She stated that no action was required at this time, but she wanted the Council to be aware of the request. Motion x Hearing no other comments at this time, All Ayes Ms. Temple reviewed the suggested action, and Mayor Pro Tea Turner moved the following: Volume 46 - Page 285 92 -2(C) R 0 • J CITY OF NEWPORT BEACH August 24, 1992 (a) Adopt Resolution No. 92 -88, accepting, approving and certifying Final Environmental Impact Report No. 148; (b) Make the (amended) Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; (d) With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement o f 0 v a r r i d i n g Considerations are acceptable; (e) Adopt the Mitigation Monitoring program as amended; (f) Continue adoption of proposed Resolution amending the Land Use Element of the Newport Beach General Plan for the Bayview Landing site. Staff directed to schedule public hearing by the Planning, Commission on September 10, and the City Council on September 14; (g) Continue adoption of proposed Resolution amending the Local Coastal Program, Land Use Plan for the Bayview Landing site. Staff directed to schedule public hearing by the Planning Commission on September 10, and the City Council on September 14; Volume 46 - Page 286 MINUTES 1 ma GPA 92 -2(C � � a rya•« • • Motion x All Ayes INDEX (h) Reintroduce proposed CPA 92 -2(C ORDINANCE NO. 92 -35, (as amended) and pass to second reading on September 14, 1992; (i) Sustain the action of the Planning Commission and approve Traffic Study No. 82 subject to the conditions imposed by the Commission; (j) Adopt Resolution No. 92 -89, Res 92 -89 adopting an amendment to the Harbor View Hills Planned Community; (k) Reintroduce proposed ORDINANCE NO. 92 -36, (as amended) and pass to second reading on September 14, 1992; (1) Reintroduce proposed ORDINANCE NO. 92 -37, (as amended) and pass to second reading on September 14, 1992; (m) Adopt Resolution No. 92 -90, Res 92 -90 adopting an amendment to the North Ford Planned Community; (n) Reintroduce proposed ORDINANCE NO. 92 -38, (as amended); (o) Adopt proposed ORDINANCE Ord 92 -39 N0. 92 -39; (p) Adopt Resolution No. 92 -91, Res 92 -91 adopting an amendment to Block 800 - Newport Center Planned Community; AND (q) Adopt proposed ORDINANCE Ord 92 -40 NO. 92 -40. 4. Mayor Sansone opened the public hearing JOrd 92 -43 regarding proposed ORDINANCE NO. 92 -43, Zoning being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20, CHAPTER 20.84 OF THE MUNICIPAL CODE PERTAINING TO THE PERMITTED HEIGHT, NUMBER AND YARD ENCROACHMENTS OF ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS (PLANNING COMMISSION JPCA 762 AMENDMENT NO. 762). Report from the Planning Department. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made to adopt Ordinance No. 92 -43. Volume 46 - Page 287 M Motion All Ayes • r , is r a•� x CITY OF NEWPORT BEACH MINUTES August 24, 1992 INDD( 5. Mayor Sansone opened the public hearing Ord 92 -44 regarding proposed ORDINANCE NO. 92 -44, Zoning bed' (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20, CHAPTER 20.84 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ADD THE CONSTRUCTION OF CHIMNEYS AND VENTS IN EXCESS OF THE PERMITTED HEIGHT IMMS TO THE POWER AND DUTIES OF THE MODIFICATIONS COMMITTEE (PLANNING COMMISSION AMENDMENT NO. 773). PCA 773 Report from the Planning Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 92 -44. PUBLIC COMMENTS None. CURRENT BUSINESS (Coutd.) 19. Memorandum from Deputy City Manager CAC concerning establishing the PEOPLE FOR (24) PEOPLE CITIZENS ADVISORY COMMITTEE. Mayor Pro Tem Turner referenced his memorandum included with the proposed resolution, and stated that in preparing the subject resolution, he tried to address the concerns of the Council rather than specific projects. He outlined the duties and responsibilities of the Committee, and noted that the Council shall hold an annual review of the Committee for the purpose of determining the necessity for continuing its existence. Council Member Hedges suggested that the length of terms for the Committee members be changed from four years to one year terms, inasmuch as the proposed Committee is similar in structure to the Citizens Advisory Committees whose members are appointed annually. Council Member Hart stated she had many concerns regarding some of the language in the resolution relative to the duties and functions. In response to Council Member Hart's remarks, Mayor Pro Tem Turner stated that he did not specifically provide an itemized list of duties because it was his understanding from the Council in previous discussions that they did not want a list: at this time. Therefore, it is being suggested that within 60 days from the formation of the Committee, that this item come back with a scope of work and complete program for Council review and comment. Volume 46 - Page 288 CITY OF NEWPORT BEACH Volume 46 - Page 289 MINUTES CAC Council Member Hedges stated that if this proposal were approved, he felt it would be "adding a layer of-bureaucracy here that is not necessary. He also felt the proposed committee would be in competition with the other human • services committees who come before the Council annually for financial assistance. With respect to the suggestion to change the length of term for the Committee members, Mayor Pro Tem Turner stated he had no objection to revising the term to one year rather than four years. Ann Huffman, 1444 Santiago Drive, addressed the Council and stated that she had come before them at a previous study session meeting shortly after the Los Angeles riots. She stated that her concern as a private citizen, and member of St. Andrews Presbyterian Church, who is also extremely involved in all types of social needs in the local area as well as beyond, is that the City have a tangible way of expressing their concern to those who are struggling and at a disadvantage as a result of the riots. She stated. that the Committee will have to "feel their way" in the beginning; but they would like to be given an opportunity to implement the proposal. She stated she was hopeful that the City • would take an active posture in this direction which could be a model for other cities to follow in the future. Council Member Cox indicated that from what he has read so far, the proposal is still lacking "definition" relative to duties and functions. He stated that the subject of how to handle gangs in this City should be included as a concern, as well as such issues as how are we handling the lack of self - respect that we have for one another from a social standpoint; how are we dealing with providing jobs, etc. These are just some of the issues that he feels is more important than those listed in the resolution, i.e., disease or sickness, spousal or parental abuse, etc. Council Member Hedges stated that the City of Newport Beach is not responsible in any way for what happened in the Los Angeles riots, and therefore, he will not support diverting resources from this City;, whether it's staff time or financial assistance for this purpose. Mayor Sansone indicated he agreed with Council Member Hedges, and stated he felt the responsibility lies with the Council of Churches as well as individual. churches, and not government entities. Volume 46 - Page 289 MINUTES CAC CITY OF NEWPORT BEACH COUNCIL MEMBERS IOS \x August 24, 1992 • N n IxIxIxIxIxIxIx 0 c �`� �0 �> Nancy Skinner, 1724 Highland Drive, spoke in support of the proposed People for People Advisory Committee. She stated that she has been a member of the City's Harbor Quality Advisory Committee since its inception, and it took approximately one year to just listen and learn prior to solving any problems. She stated that she would hope the Council would give this Committee that opportunity; sees very little soft dollars being spent and certainly no hard dollars; felt it would be a real "plus" for the City to take this challenge and cannot see any "downside" to it; and she urged that it be given a chance. Allan Beek., 2007 Highland Avenue, also spoke in support of the above proposal, stating if there were epidemics in another City, it would not be this City's responsibility; however, the City should worry about it because epidemics do spread, and there is an epidemic spreading in Southern California and sooner or later it will reach Newport Beach if somebody does not do something. He felt there were people in the community with real expertise who could define the Committee's role, and it would be worthwhile for the City to give it a chance. Hearing no other comments, motion was made to adopt the proposed resolution establishing the People for People Citizens Advisory Committee, which motion PA3IZD. Meeting adjourned at 12:40 a.m., to September 8, 1992 at 5:00 p.m., to meet in open and closed session to REVIEW THE CITY'S BUDGET AND CONTINGENCY PIA[. Yt +k 4lr 9F * *ir *yt * ** The agenda for this meeting was posted on August 20, 1992 at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ' ATTEST: l Mayor / /' City Clerk Volume 46 - Page 290 MINUTES CAC INDEX