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CITY OF NEWPORT BEACH
City Council, Minutes
Study Session
November 22, 2005 — 3:00 p.m.
ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Daigle, Council Member Nichols
Excused: Council Member Ridgeway
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Nichols received clarification from Administrative Services
Director Danner on the City's use of recycled materials, as discussed in Item No.
12, Proposed Update of City Council Policy F -5. Additionally, Council Member
Nichols stated that be would be pulling Item No. S17, Fire Management
Association MOU, from the Consent Calendar at the evening meeting.
2. GENERAL PLAN UPDATE - REVIEW OF DRAFT LAND USE ELEMENT
[681100- 20051.
Assistant City Manager Wood introduced the item by stating that the City
Council would begin reviewing the Land Use Element of the General Plan at the
current meeting, and that the Planning Commission reviewed the same material
at their meeting on November 17, 2005. She explained why the Land Use
Element and Circulation Element are the most important elements in the
General Plan
Using the table of contents, Woodie Teacher, EIP Associates, explained how the
Land Use Element document is organized. He began discussing the element
itself by referring to Goal 1 regarding the role and character of Newport Beach.
He outlined the principle changes made by the General Plan Advisory Committee
(GPAC), and reported that the Planning Commission concurred with the
changes. Goal 2 addresses the land uses to be accommodated in the community.
The changes made by GPAC were minor and were also agreed to by the
Planning Commission. Mr. Tescher stated that Goal 3, and the accompanying
policies, address how the land uses will be organized. He highlighted the changes
made by GPAC and the Planning Commission. Mr. Tescher discussed Goal 4, the
land use diagram, and the table that lists the primary land use categories, types
of uses and permitted densities /intensities. He noted that the land use diagram
section is still being worked on and that the details included in the table would
also be addressed in other sections of the Land Use Element.
isMr. Tescher referred to the fifth section, which covers the community design
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City of Newport Beach
Study Session Minutes
November 22, 2005
character of the various districts in the community. He noted that Goal 5.1
addresses residential neighborhoods, including single family and multi - family
neighborhoods. He highlighted the changes recommended by GPAC and the
Planning Commission. Nancy Gardner, GPAC Co- Chair, provided information on
the changes recommended by GPAC and her response to the changes made by the
Planning Commission. The Council Members discussed the inclusion of design
guidelines in the General Plan, in general, as well as the policies contained in the
single family neighborhood section. It was the general consensus of the Council
Members to support the recommendations of GPAC, with the exception of
deleting the wording, "orientation to desirable sunlight and views ", for the fifth
design consideration in Policy 5.1.5 and deleting Policy 5.1.7. Mr. Tescher
referred to the section on multi - family neighborhoods, and the changes
recommended by GPAC and the Planning Commission. It was the general
consensus by the Council Members to support the original language in the
building elevations section and to support the Planning Commission
recommendation for the ground floor treatment section.
Mr. Tescher referred to Goal 5.2 and the policies for commercial districts.
He highlighted the recommended changes. It was the general consensus of the
Council Members to support the recommendation to delete the language
regarding LEED certification. Mr. Tescher referred to Goal 5.3, which addresses
mixed -use districts and neighborhoods. He highlighted the recommended
changes and responded to questions. He noted that Policies 5.3.5 and 5.3.6 apply
to both commercial and mixed -use districts. It was the general consensus of the
Council Members to support the recommendations of the Planning
Commission on both policies. Mr. Tescher referred to Goal 5.4 and the design of
office and business parks. Support for the Planning Commission wording was
expressed.
Mr. Tescher referred to the sixth section, which addresses neighborhoods,
districts and corridors, and specifically Goal 6.1, which deals with public and
institutional uses. The changes made by GPAC and the Planning Commission
were minor. It was the general consensus of the Council Members to support the
recommendations of the Planning Commission, and the wording change to Policy
6.1.4, as recommended by the City Attorney. Mr. Tescher highlighted the policies
contained in Goal 6.2, residential neighborhoods. Ms. Gardner explained the
reason why GPAC deleted Policy 6.2.18. It was the general consensus of the
Council Members to support the recommendation of the Planning Commission to
leave it in and add the word, "existing ", as recommended by Council Member
Rosansky.
Mr. Tescher stated that the only land use district reviewed by the Planning
Commission at their recent meeting was the airport area, Goal 6.15. He
introduced Walter Rask with ROMA Design Group, who was retained by the City
to work on the policies, recommendations and guidelines in this section. Mr.
Tescher provided a brief overview of the policies, and noted that they include
guidelines for how residential neighborhoods could be accommodated in the
airport area. He displayed a map showing the 65 Community Noise Equivalency
Level (CNEL) lines, and stated that it has been airport policy not to allow
residential housing within the 65 CNEL.
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Mr. Rask displayed the plan that was developed by the ROMA Design Group. He
explained that it identifies four residential neighborhoods in the airport area,
with requirements for a minimum of ten acres per neighborhood, a minimum of
50 units per acre and a minimum one -acre park per neighborhood. He provided
background information on how the plan was developed, and explained that
the requirements could be avoided if, as a part of the developer's application, a
concept plan is submitted to show how the neighborhood fits into the
overall area.
Bob Burnham, former City Attorney, referred to the two 65 CNEL lines and
explained how they are based on certain assumptions. The Airport Land Use
Commission adopted the outer line in 1985, and he noted that it is the Airport
Land Use Commission that will be required to make a determination on the
consistency of the City's adopted General Plan with the Airport Environs Land
Use Plan (AELUP). He further explained how the City Council can override that
determination if certain findings are made.
Mr. Burnham agreed with Council Member Daigle's suggestion to add language
to the airport compatibility policy that would read, "unless the City Council
makes findings for overriding considerations in accordance with State law ". He
explained why it would be inappropriate for the City Council to adopt a 65 CNEL
line in the General Plan.
Referring to Policy 6.15.10, Mr. Tescher explained that the Planning Commission
recommended that developers that apply for a waiver of the neighborhood
requirements in the airport area have a project that is of at least five acres. Mr.
Rask responded to the letter, dated November 22, 2005, from Brookfield Homes
in regard to their airport area condominium project. The letter outlined four
suggested modifications to the draft Land Use Element. Assistant City Manager
Wood additionally noted the correspondence received from the Orange County
Business Council, also dated November 22, 2005, which was written in support of
residential housing in the airport area. A brief discussion followed regarding the
Brookfield Home project and its noncompliance with the proposed policies. City
Attorney Clauson confirmed that the City Council will not be required to apply
the yet- to -be- adopted policies to the project.
Dave Bartlett, Brookfield Homes, discussed the information covered in his letter,
and stated that Brookfield Homes is recommending that the General Plan be
general and provide guidance only. He urged the City Council to eliminate the
five -acre minimum, as recommended by the Planning Commission.
Council Member Daigle stated that the General Plan shouldn't be driven by the
Brookfield project, and expressed support for the Planning Commission's
recommendations for the five -acre minimum and for no further reduction to the
3,300 housing unit figure listed in the land use diagram. It was the general
consensus of the Council Members to support these recommendations.
PUBLIC COMMENTS - None
ADJOURNMENT - at 6:05 p.m.
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City of Newport Beach
Study Session Minutes
November 22, 2005
The agenda for the Study Session was posted on November 16, 2005, at 2:15 p.m
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Recording Secretary
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Mayor
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City Clerk
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