HomeMy WebLinkAboutF-9a - Newport Dunes ProjectBY THE CITY COUNCIL — 2- 3 c f
CITY Of NEWPORT BEACH
Agenda Item No. F -9(a)
AUG 2 2 1988
_C��; � MEMORANDUM
OFFICE OF THE CITY ATTORNEY
August 22, 1988
TO: Honorable Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Newport Dunes Project
Introduction•
On August 8, 1988, the City Council received a brief presentation
from Larry Buxton regarding proposed changes to the Newport Dunes
Redevelopment Plan. The purpose of this Memo is to explain the
proposed changes and their relationship to the City /County /Newport
Dunes Settlement Agreement.
Background:
In 1980, the orange County Board of Supervisors approved a Local
Coastal Program, EIR and Redevelopment Plan for Newport Dunes.
The City of Newport Beach filed a lawsuit challenging the adequacy
of the EIR for the Plan and claimed jurisdictional authority to
regulate the proposed redevelopment. This litigation was settled
in 1983 with Council and Board approval of the Newport Dunes
Settlement Agreement.
The Settlement Agreement contained specific limits on the amount
and type of development permitted within the Newport Dunes
complex. Newport Dunes, Inc. is now proposing certain changes to
the Redevelopment Plan which will require amendments to the
Settlement Agreement.
Discussion:
For the most part, the revised Plan contemplates less development
than authorized by the Settlement Agreement. I have prepared a
chart which describes the relevant land uses in 1980, uses which
now exist, uses authorized by the Settlement Agreement, and the
changes now being proposed. The proposed changes can be summarized
as follows:
A. Eastside Commercial Development:
Newport Dunes proposes to delete 5,000 square feet
of office /commercial development and a 5,000
square foot restaurant that the Settlement
Agreement authorized on the east side of the
swimming lagoon near the pedestrian bridge. In
consideration of the elimination of this
development, Newport Dunes proposes to expand the
marina center from 5,000 square feet to 6,200
square feet, plus an outdoor patio. The marina
center is intended to serve primarily those using
the launch facilities. The deletion of the marina
business and restaurant uses should more than
offset any increase in traffic generated by the
small proposed expansion of the marina center.
B. Boat Storage /Boat Launch Facilities:
Newport Dunes propose to modify the boat storage
and boat launch facilities, but the modifications
appear to be beneficial to the City and potential
users. The Settlement Agreement requires
facilities for the storage of 400 boats. However,
the original plan called for stacking boats in a
relatively small area. The proposed plan calls
for storage of all vessels at ground level and
this will be much more convenient for boat owners.
Boat storage and boat launch facilities are to be
served by an area equivalent to a 250 space (125
car /trailer spaces) parking lot. The parking lot
will be configured to accommodate cars with boat
trailers and is intended also to satisfy the
parking requirements of the marina center. The
Settlement Agreement requires parking to be
provided in accordance with City zoning standards.
The City has no specific parking requirements for
boat storage or boat launching facilities, but the
marina center would require one space for each 250
feet of net public area. Guidelines promulgated
by the State Department of Boating & Waterways
call for a sufficient number of parking spaces
"to meet the expected demand on a normal peak day
during the boating season." Studies conducted by
that agency suggest that typical parking
requirements are from 25 to 30 car /trailer spaces
per launching lane. (Approximately 150 spaces for
the 6 lane ramp at the Dunes). However, a six
month study conducted by the Dunes reveals an
average of 107 boats launched per day on the
weekends. Some of the vessels launched were from
the dry boat storage area which can provide
i 1 • •
additional parking. The 125 car /trailer spaces
proposed represent a significant increase above
the 80 that currently exist and the 66 proposed in
the original plan. On balance, the parking spaces
proposed appear to be sufficient.
C. R.V. Park:
The proposal for development of an R.V. park is
virtually identical to provisions of the
Settlement Agreement. The Settlement Agreement
specifies 444 R.V. spaces, 80% of which were to be
full service spaces and an R.V. support center of
approximately 5,000 square feet. The revised plan
calls for 444 spaces, each served by electricity,
water and sewer, the support center, and 110
visitor parking spaces. The R.V. spaces
themselves will be larger than originally
proposed. The revised plan appears to be a
considerable improvement over that contemplated by
the Settlement Agreement.
D. Day Use Parking:
The major disadvantage to the revised plan is a
proposed reduction in day use parking. The
revised plan would reduce day use parking from
800 spaces (minimum required by the Settlement
Agreement) to 690 spaces. The reduction is
brought about by the provision of visitor spaces
within the R.V. park. Currently many of the day
use spaces are occupied by persons visiting the
R.V. park or by boaters using the launch area.
While staff would prefer to see more day use
parking, we believe the proposed increases in
parking in the R.V. park (110 spaces) and boat
launch facility (approximately 90 spaces) offset
the loss in day use parking.
Finally, the Settlement Agreement contains certain provisions
which should be modified to reflect current conditions. For
example, the parties were to have agreed, on or before January 1,
1984, on those circulation system improvements to be funded, in
whole or in part, by Newport Dunes. No such agreement was reached
and the City has constructed certain projects in anticipation of
Dunes development. The Settlement Agreement does not contemplate
a phased development nor the phasing of circulation system
contributions. Staff would like Council authority to commence
discussions relative to these changes in the hopes that all
necessary amendments to the Settlement Agreement could be made at
one time.
3
Recommendation:
It is recommended City Council authorize this office, with
assistance from the Planning Director and Public Works Director,
to prepare amendments to the Settlement Agreement as follows:
1. Ground level storage for 400 boats on east side of
lagoon;
2. Elimination of proposed marina business center and
restaurant on east side of swimming lagoon
(deletion of 5,000 square feet of commercial
development and 5,000 square feet of net public
area for restaurant purposes);
3. Expansion of eastside marina center from 5,000
square feet to 6,200 square feet, plus patio,
provided the character of the marina center is
limited to a facility primarily serving boat
launchers;
4. Provision of a 250 space (minimum) boat launch and
marina center parking area;
5. Reduction in day use parking from 800 spaces to
690 spaces;
6. R.V. park consisting of 440 spaces, full - service
hookups, R.V. service center and 110 visitor
parking spaces.
It is also recommended that the City Attorney and City Engineer be
authorized to discuss amendments to those provisions of the
Settlement Agreement related to the .f Pling of circulation system
improvements.
RHB /jc
Attachment
y
ty Attorney
a
S r-I
o °o
0
cool 0 0 0 0 r w A,
m U1 %0 0 0 0 o ro
rl M H Cri O OW O
0%D Co
z H
V' rl M
V
�P4 EH E I
E z NH DH
A02 pq pq u 10 QM aP�
a
o
44
•r1
o tw
+1
ro
ro
r� a
a
U
111
)
y
D
N
y
qD
rl
�-
a a
0
1n
o 0 0
o
w r+
N
ni
a
N
l0
V to
O
to
dP
a
S r-I
o °o
0
cool 0 0 0 0 r w A,
m U1 %0 0 0 0 o ro
rl M H Cri O OW O
0%D Co
z H
V' rl M
V
�P4 EH E I
E z NH DH
A02 pq pq u 10 QM aP�
44
O
dP
O
O
O
O
co
s} (o
(]
°
z
Lc
L
Un
a
0 r,
o to
o •.a
r
opro
•-
a w a
co
to
a
0
O
H
Ovrl
01
N
In
O
O
O
N
O ko M
H
C
r1
ON
1n
M H
V'
a
S r-I
o °o
0
cool 0 0 0 0 r w A,
m U1 %0 0 0 0 o ro
rl M H Cri O OW O
0%D Co
z H
V' rl M
V
�P4 EH E I
E z NH DH
A02 pq pq u 10 QM aP�