HomeMy WebLinkAbout02/24/1994COMMSSIONERS
CITY OF NEWPORT BEACH
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: February 24. 1994
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Present
All Commissioners were present. (Commissioner Edwards arrived
at 7:50 p.m.)
sss
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
ss:
William R. Laycock, Current Planning Manager
Don Webb, City Engineer
Dee Edwards, Secretary
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Minutes of February 10, 1994
Minutes
of 2/10/'
Motion
*
Motion was made and voted on to approve the February 10, 1994,
Ayes
Planning Commission Minutes. MOTION CARRIED.
Absent
x x s
Public Comments:
Public
No one appeared before the Planning Commission to speak on
Comments
non - agenda items.
sxx
Posting of the Agenda:
Posting
of the
James Hewicker, Planning Director, stated that the Planning
Agenda
Commission Agenda was posted on Friday, February 18, 1994, in
front of City Hall.
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RrQuest for Continuances:
Request
for
Mr. Hewicker stated that the applicant, The Old Spaghetti Factory,
Continue
has requested that Item No. 2, Use Permit No. 1715 (Amended),
be continued to the Planning Commission meeting of March 24,
1994. The applicant, Pacific View Memorial Park, has requested
that Item No. 3, Use Permit No. 3518, be continued to the
Planning Commission meeting of March 24, 1994, instead of
March 10, 1994, as originally requested.
Motion
Motion was made and voted on to continue Items No. 2 and No.
Ayes
*
*
*
3 to the March 24, 1994, Planning Commission meeting.
Absent
*
MOTION CARRIED.
'
Amendment N (Public Hearin
Item No.:
Request to consider an amendment of a portion of Districting
A797
Map No. 18 so as to delete the 10 foot front yard setbacks
(81347)
adjacent to a vacated alley and adjacent to a vacated portion of
Glen Drive on the subject property.
Approved
LOCATION: Lots 55, 69, 70 and a portion of Lot 68,
Block A, Tract No. 673, located at 344 -352
Hazel Drive, on the southeasterly side of
Hazel Drive, southeasterly of East Coast
Highway, in Corona del Mar.
INITIATED BY: The City of Newport Beach
James Hewicker, Planning Director, reviewed the request to
amend a portion of Districting Map No. 18.
The public hearing was opened in connection with this item, and
Mr. Stanley Behrens, 567 San Nicolas Drive, Suite 304, appeared
before the Planning Commission to express his support of the
Amendment.
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There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion * Motion was made and voted on to adopt Resolution No. 1347, and
Ayes * to recommend approval of Amendment No. 797 to the City
Absent * Council. MOTION CARRIED.
Use Permit No. 1715 Am nded (Public Hearing) Item No.
Request to amend a previously approved use permit which UP1715A
permitted the remodel of an existing restaurant, the addition of
on -sale alcoholic beverages, the establishment of restaurant Cont ' d
parking spaces within an adjoining Residential District, and the to
e of tandem and valet parking on property located in the 'Retail 3/24/94
d Service Commercial" area of the Cannery Village /McFadden
Square Specific Area Plan. The proposed amendment is a request
to allow the use of an outdoor loud speaker for paging restaurant
customers.
LOCATION: Parcel 1 of Parcel Map 67 -27 (Resubdivision
No. 446) located at 2110 Newport Boulevard,
on the northwesterly corner of West Balboa
Boulevard and 21st Street, in the Cannery
Village /McFadden Square Specific Plan
Area.
NE: SP -6
APPLICANT: The Old Spaghetti Factory, Portland, Oregon
WNERS: Dussin Investment Co. and The Old Spaghetti
Factory International, Inc., Portland, Oregon
fames Hewicker, Planning Director, stated that the applicant has
' equested that this application be continued to the Planning
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Commission meeting of March 24, 1994, in order to provide
further information to staff.
Motion
Motion was made and voted on to continue Use Permit No. 1715
Aye s
(Amended) to the March 24, 1994, Planning Commission meeting.
Absent
*
MOTION CARRIED.
Use Permit No. 3518 (Public Hearing)
Item No.
Request to approve a master plan of development for the ultimate .
Ur3518
build -out of the Pacific View Memorial Park, located on property
in the R -3 -B and Unclassified Districts. The proposal includes:
Cont I d
the establishment of six additional building sites which will be
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developed with future mausoleum facilities; the establishment of
building sites for the construction of a future maintenance
building, a future garage and sales facilities; and the location of
future road construction as part of the interior vehicular
circulation of the park. The proposal also includes a request to
permit a temporary building to be used in conjunction with the
continuing sales activities and a request to permit an average
building height of 32 feet within the proposed Building Site "A," on
property which is located in the 28/32 Foot Height Limitation
District.
LOCATION: Portions of Block 96 and 97, Irvine's
Subdivision, located at 3500 Pacific View
Drive, at the southeasterly terminus of Pacific
View Drive, adjacent to the Harbor View
Hills Planned Community.
ZONES: R -3 -B and U
APPLICANT: Pacific View Memorial Park, Glendale
OWNER: Pierce Brothers, North Hollywood
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James Hewicker, Planning Director, stated that the applicant has
requested that this item be continued to the Planning Commission
meeting of March 24, 1994, instead of March 10, 1994, as
originally requested. The applicant requested additional time to
review the proposed development with the residents of the
adjoining homeowner's associations prior to the public hearing.
Motion
Motion was made and voted on to continue Use Permit No. 3518
Ayes
to the March 24, 1994, Planning Commission meeting. MOTION
Absent
*
CARRIED.
s : s
DISCUSSION ITEM:
Discussi
Items
Amendment No. 798
A798
'
Request to initiate an amendment to Title 20 of the Newport
Beach Municipal Code so as to provide more specific wording in
set for
ph 3/24/
the Code that restricts roof heights above the top of curb on the
bluff side of Ocean Boulevard in Corona del Mar.
Ames Hewicker, Planning Director, reviewed the subject request
to initiate Amendment No. 798.
Commissioner Pomeroy and Mr. Hewicker discussed the structure
on the bluff side of Ocean Boulevard that is currently under
construction.
n response to questions posed by Commissioner Ridgeway, Mr.
Hewicker explained that the structures on Ocean Boulevard that
exist above curb are legal nonconforming buildings. The structures
could be remodeled as they currently exist except no new roof
structure would be allowed to exceed top of curb. The
Amendment states that the top of the roof will not exceed the top
of the curb and it will be measured in a horizontal plane using the
op of the curb as a reference point.
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Motion-
*
Motion was made and voted on to set Amendment No. 798 for
%yes
*
*
*
*
public hearing at the March 24, 1994, Planning Commission
absent
*
meeting. MOTION CARRIED.
PRESENTATION BY THE CITY MANAGER REGARDING
Presente
THE STATE OF THE BUDGET
tion by
City Mg]
The Ci ty Manager, Kevin Murphy, appeared before the PI annin g
re. star
of the
Commission to make the following presentation regarding the
Budget
1994 -95 Budget. Mr. Murphy stated that Dennis Danner, the City's
Finance Director, is also in attendance if the Commission requests
specific information regarding the budget. The City is projecting
that there will be a $3 Million shortfall between the anticipated
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revenues and expenses for the next fiscal year, and he addressed
the 1993 -94 fiscal year. Mr. Murphy discussed the $715,000 a year
expense that will be incurred when the new Central Library opens.
He stated that by combining the Parks, Beaches and Recreation
Department and the Library Department into the new Community
Services Department, and by contracting the tree trimming service,
the City will save approximately $225,000. There will be an
approximate savings of $1 Million in the current fiscal year
because approximately 18 people accepted an early retirement.
Mr. Murphy addressed the forecasted property tax revenue; the
sales tax revenue; the renegotiation of the leases at Beacon Bay
and Marina Park; the reduction of the capital improvement
programs in the General Fund; and the multi -year agreements
with the Employee Associations.
The City Council has indicated that there will be no new taxes or
fees next year, and the staff has factored in no new reductions by
the State of California. Taking into consideration that the State
would not cut the City again, the City is short $3 Million The
process to close the $3 Million gap requires the City to reduce
expenses by 4 -1/2 percent and if, for instance, the State takes $2
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Million from the City then expenses would need to be reduced 7-
1/2 percent. The Department Directors have submitted a 4 -1/2
percent reduction in their budgets in consideration of the shortage
of $3 Million. He indicated that there would be future reductions
in the support Departments before reducing the front -line services.
Three guidelines that the Department Directors have been
requested to consider are privatization; what kind of consolidations
can be made within Departments and functions, and between
Departments; and consolidation of services for the City. Mr.
Murphy addressed the City's cumulative total budget reductions
during the past three years, and the impact that the City
experienced when the State transferred money from Cities and
Counties to the School Districts. On a one -time basis, in 1993, the
State provided funds for the City from vehicle license fees, and he
stated that the extension of the one -half cent sales tax provided
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funds for safety services.
The M & O Accounts consist of approximately $20.3 Million, and
96 percent of the accounts are virtually fixed or difficult to reduce.
Major items from the $20.3 Million are water from MWD; fees to
take care of the trash; utility fees; insurance operation; park
maintenance; and water and sewer supplies.
During the 1993 -94 fiscal year, 47 positions were reduced out of
the work force, and further reductions will also be made in 1994-
95. The work force will be reduced 11.3 percent from 4 years ago
in terms of full -time employee staffing. Mr. Murphy emphasized
that if there would be a 7 -1/2 percent reduction in the budget,
there would be a substantial lowering of City services.
Mr. Murphy and Chairman Merrill discussed Chairman Merrill's
suggestion that the City provide a hot -line service and newsletter
to the residents. Chairman Merrill asked what the residents of the
City could do to provide better communication with the Governor
regarding the budget. Mr. Murphy suggested that the residents
inform the Governor that it is imperative that the State does not
shift funds due the Cities to State services.
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response to questions posed by Commissioner Ridgeway, Mr.
urphy replied that the City's total budget is approximately $90
vEllion. Mr. Murphy and Commissioner Ridgeway discussed
acrifices the residents could make to help balance the budget.
Murphy discussed the need for salary increases in order to
ecruit and maintain quality employees.
mmissioner Pomeroy suggested that the budget not be increased
n the future to equal the revenue so as not to impact the
mployees or the residents. Mr. Murphy concurred, and he stated
at the City has to judiciously consider future new revenues or
dding new services. Commissioner Pomeroy commented that .
evelopment in the Newport Coast is having a significant impact
n the real estate and construction market in Newport Beach, and
the Banning Ranch and the West Newport Oil projects go
orward with development, that they will have equally significant
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pacts. The Planning Department will be considering the
ancial impact that the future annexation of Newport Coast, the
&mning Ranch, and Santa Ana Heights would have on the City.
ommissioner Glover and Mr. Murphy discussed the negative
iffect the changes in the economy have had on Newport Beach
esidents and the City's employees. Mr. Murphy emphasized that
here is a certain fundamental level of service that is necessary,
d falling below that level of service is risky. The City needs to
a through restructuring and efficiency; however, the City is not
ery far from the point of losing the efficiency and it is beginning
o lose what was created over many years.
ommissioner Gifford addressed the need and reasons for the
hange that is occurring in the community and the employees. Mr.
urphy discussed the existing assets and future opportunities from
come property management.
mmissioner Edwards and Mr. Murphy discussed the City's
osition regarding Worker's Compensation and the retirement
stem.
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• behalf of the Economic Development Committee (EDC). He
introduced members of the Committee: Richard Luehrs, Norm
Angel, Tony Christopher, Jerry King, and Norma Glover.
Mr. Hill emphasized that the EDC needs the Planning
Commission's support, expertise, and leadership to fulfill their
mission. T'he EDC was formed in January, 1993, by Resolution of
he City Council for the purpose to increase the revenue for the
City. The economic development policy is to focus on successful
implementation and to make recommendations to the City Council
o as to raise revenue for the City.
The EDC organized into three sub - committees: The Focus
Committee determined what was the fastest and best suited type
A revenue the City could go after for the City. The Technical
mmittee was charged with the need to look at what is done
ow, i.e. procedures, rules and regulations to determine if any of
em are over - zealously protective or may interfere with business
the community and is there anything that can be done in the
0's to facilitate the operations of the City. The Advocacy
mmittee looked at the direction of the Focus Committee to see
• there would be ways to market the City, and to determine if
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In response to a question posed by Commissioner Ridgeway, Mr.
Murphy explained that the employees that have been laid off will
be considered for future rehire.
Commissioner DiSano questioned if it is feasible to collect fees
from visitors coming into the City. Mr. Murphy stated that a
charter fee has been considered; and the Transient Occupancy
Tax, police fees, and paramedic subscriptions bring revenue into
the City from persons visiting the City.
JOINT MEETING OF THE PLANNING COMMISSION AND J
Joint
E ECONOMIC DEVELOPMENT COMMITTEE [
[Meeting
with
Mr. Rush Hill appeared before the Planning Commission on E
EDC
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there would be ways to increase and support the businesses. City
Councilwoman and former Planning Commissioner Debay was
appointed to the Committee for the purpose of providing support
to the EDC inasmuch as the proposed revisions need to come
from within the City and not from an outside Organization. Staff
from the Planning Department sits on the Foals Committee and
the Technical Committee to help evolve the types of
recommendations the EDC would want to present to the City
Council. He emphasized that the recommendations that were put
forth in the report that was submitted by the EDC to the Planning
Commission came from City staff, and the recommendations were
not made by him personally or other members of the EDC
Committee. The recommendations are very important to the
turning- around of the declining revenue of the City.
The vision that the EDC has operated under has been a vision
that starts in Sacramento recognizing that the City has to have a
lessened reliance on property taxes for revenue. The property tax
evaluation for the City has recently dropped from $12 Billion to
$11.5 Billion and that represents a $500,000 reduction in available
funds from property taxes. The City is looking to a further
reduction in property taxes based upon the number of Court cases
and filings that are pending now at the Assessor's Office for
continuing to reassess the value of property.
Mr. Hill addressed sales tax revenue and Transient Occupancy Tax
(TOT). The EDC focused on a set of priorities: the first priority
is to protect the existing businesses in the City; the second priority
is what can be done to fill the vacancies. that exist in the City to
increase the revenue; the third priority is to support new
development that is based on the desire to achieve the first two
priorities; and the fourth priority is new development. He
summarized the Committee's vision of how they can be of value
to the business community and how they can make
recommendations to the City Council to increase the sales tax
revenue and to increase the TOT as rapidly as possible.
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Mr. Hill stated that recommendations have been made by the Fire
Department, the City Traffic Engineer, the Revenue Division, and
e Planning Department to make the system operate more
efficiently for staff and the business community. He apologized
at the EDC has not communicated with the Planning
ommission as to how they were structured, why they have done
e things they have done, and all of the beneficial items that are
ginning to happen. He stated that the EDC wants to make a
commitment to the Planning Commission that this is the beginning
to what they want to have as an open dialogue.
e EDC has been restructured into three new committees:
echnical and procedural types of activities; business retention and
romotion; and the advocacy of going out and looking for new
usinesses that would be appropriate for the City. Mr. Hill
ddressed the structure of the Agenda and the issues that are
'
scussed during the meetings.
airman Merrill expressed his support of the EDC. He said that
ust having one or two people on the Planning Commission
working with the EDC is not enough inasmuch as the entire
Commission is very deliberate in their decisions.
ommissioner Edwards addressed Mr. Hill's comments regarding
he motivation of the EDC. He asked what is the number one
eason businesses are leaving the City, and is there a greater
ercentage of businesses that have left during the past 12 months?
Angel appeared before the Planning Commission and he
eplied that a purpose of the Business Retention Committee is to
d an answer to that question by going to the businesses who
ave left the City. They invited 300 restaurant owners to attend
meeting on March 16, 1994, to discuss the restaurant owners'
ncerns. Mr. Hill stated that the EDC has contacted the top 54
usiness producers to invite them to meet with the Committee for
e purpose of providing information about their success in the
•ty.
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Commissioner Glover stated that she is an alternate member of
the EDC for the Mariner's Mile Business Association, and she
expressed her support of the EDC.
Commissioner Pomeroy expressed his support of the EDC. He
stated that often the business community feels that the City is out
to extract things and delay them, and that attitude has to change.
One problem of the Planning Commission is that problems may be
commonplace but the Commission deals with one issue at a time,
and the EDC is focusing on the community at large and trying to
help those problems. Commissioner Pomeroy discussed his
concerns regarding the restrictive Floor Area Ratio regulations in
residential areas, and mini -mart businesses within automobile
service station facilities would bring in additional revenue if they
were not restricted in the City.
Commissioner DiSano expressed his support of the EDC. He
addressed his concerns regarding the businesses in the City and
their concept of the City's regulations.
Commissioner Ridgeway stated that the EDC has to be careful of
appearing to be self - serving for themselves and to avoid a conflict
of interest. The EDC does not list a restauranteur or hotel
representative on the Committee's roster; however, restaurants and
hotels are high revenue sources. Mr. Hill replied that EDC
represents specific business areas of the City, i.e. Newport Center
and the Mariner's Mile area, and they intend to have meetings
with individual types of businesses such as restaurants, boat
establishments, and hotels.
Planning Director Hewicker referred to comments previously made
regarding restaurants, and he explained that the Planning
Department staff spends time regulating restaurants because of the
nature of the City and that in the older residential areas of the
City, i.e. the Balboa Peninsula, West Newport, Corona del Mar,
strip commercial zoning exists which interfaces with the residential
areas and restaurants back up or are separated by alleys adjacent
to very expensive residential development. The Planning
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Commission gets involved with the hours of operation, live
entertainment, dancing, and noise of patrons entering and leaving
the establishment.
Chairman Merrill requested that the EDC submit minutes of their
meetings to the Planning Commission for review.
Commissioner Ridgeway stated that the Planning Commission's
duty is to balance the interest of the overall citizens and the
residents with the business community. The Commission may be
at total difference with the EDC because the Commission is to
balance the overall welfare of the entire community. Mr. Hill
concurred; however, the EDC's role is to also play the advocate.
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ADDITIONAL BUSINESS: Add'l
Business
Motion Motion was made and voted on to excuse Commissioner Pomeroy
All Ayes Pomeroy/
and Commissioner Ridgeway from the March 1Q 1994, Planning
Commission meeting. MOTION CARRIED. Ridgeway
excused
s s s
ADJOURNMENT: 9:20 p.m. Adjourn
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ANNE K GIFFORD, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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