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HomeMy WebLinkAbout19 - General Plan Amendment 99-2E Newport Sports CollecREPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: General Plan Amendment 99 -2(E) SUMMARY: Request to expand the second floor office area in an existing building by approximately 1,000 square feet, to allow the relocation of a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The proj ect involves the approval of: • a General Plan Amendment to permit additional development since there is no additional floor area allocated in this part of Newport Center, and; SUGGESTED ACTION: 1) Conduct public hearing; and 2) Rescind Resolution No.99 =69 and Adopt Resolution No. 99- for GPA 99- 2(E) • Discussion The City Council considered this item previously on September 27, 1999, at which time it was approved unanimously. However, the public hearing notice indicated that the requested additional square footage was 1,000 square feet, while the staff report and resolution provided for 882 square feet, as was depicted on the plans submitted with the application. This discrepancy caused some confusion on the part of the applicant, who thought the approval was for 1,000 square feet. As a result, the construction plans show the addition to be nearly 1,000 square feet. Since this is a minor amendment, the addition is contained entirely within the existing building, and the floor area is part of the support floor area for the sports memorabilia museum, staff has no concerns with this small adjustment in permitted floor area, and recommends that the previously adopted Resolution be rescinded, and the attached Resolution adopted. Submitted by: SHARON Z. WOOD Assistant City Manager rzA • Prepared by: PATRICIA L. TEMPLE Planning Director Attachment: Draft Resolution September 27, 1999 City Council Staff Report CITY OF NEWPORT BEACH Hearing Date: November 8, 1999 rew?a,, o ° COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 19 5 ! PLANNING DEPARTMENT Staff Person: Patricia L. Temple < „oa +`' 3300 NEWPORT BOULEVARD 644 -3228 • NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: General Plan Amendment 99 -2(E) SUMMARY: Request to expand the second floor office area in an existing building by approximately 1,000 square feet, to allow the relocation of a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The proj ect involves the approval of: • a General Plan Amendment to permit additional development since there is no additional floor area allocated in this part of Newport Center, and; SUGGESTED ACTION: 1) Conduct public hearing; and 2) Rescind Resolution No.99 =69 and Adopt Resolution No. 99- for GPA 99- 2(E) • Discussion The City Council considered this item previously on September 27, 1999, at which time it was approved unanimously. However, the public hearing notice indicated that the requested additional square footage was 1,000 square feet, while the staff report and resolution provided for 882 square feet, as was depicted on the plans submitted with the application. This discrepancy caused some confusion on the part of the applicant, who thought the approval was for 1,000 square feet. As a result, the construction plans show the addition to be nearly 1,000 square feet. Since this is a minor amendment, the addition is contained entirely within the existing building, and the floor area is part of the support floor area for the sports memorabilia museum, staff has no concerns with this small adjustment in permitted floor area, and recommends that the previously adopted Resolution be rescinded, and the attached Resolution adopted. Submitted by: SHARON Z. WOOD Assistant City Manager rzA • Prepared by: PATRICIA L. TEMPLE Planning Director Attachment: Draft Resolution September 27, 1999 City Council Staff Report RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF •' THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land. Use Element has been prepared; and WHEREAS, it has been determined that the proposed development is consistent with General Plan Policy B, since the development does not have an ADT rate of more than 300 daily trips and will not result in an increase in traffic; and WHEREAS, on June 24, 1999, and September 9, 1999 the Planning Commission of the City of Newport Beach conducted a public hearing regarding General Plan Amendment 99 -2(E) at which time this amendment to the Land Use Element was discussed and determined to be consistent with the goals of the Newport Beach General is Plan; and WHEREAS, on September 27, 1999 the City Council of the City of Newport Beach held a public hearing regarding General Plan Amendment 99 -2(E); and WHEREAS, the public was duly noticed of these public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the project is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act and the project would not have a significant effect on the environment; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: 0 .) • Statistical Area L1 (Newport Center) Block 100, and the Estimated Growth for Statistical Area L Table of the General Plan shall be amended to read as follows: • Newport Center (Statistical Area LI) 2. Block 100 - Gateway Plaza. This area is bounded by Newport Center Drive, Anacapa Drive and Farallon Drive. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 197,545 square feet of office development. Support retail commercial uses are also allowed within this development allocation. ESTIMATED GROWTH FOR STATISTICAL AREA Ll Residential (in du's) Commercial (in square feet) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Block 0 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 197,545 1,000 3. Block 200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,500 5. Block 400 0 0 0 440,118 440,118 0 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 0 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 67 0 616,630 622,630 6,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate 0 0 0 15,000 115,000 100,000 Plaza 13. Tennis Club 0 0 0 0 0 0 14. NB Country 0 0 0 0 0 0 Club 15. Amling's 0 0 0 3,960 5,000 1,040 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 18. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport 0 0 0 55,000 170,000 115,000 Village TOTAL 199 672 473 6,123,557 61801,321 535,264 Population 394 1,331 937 ReViNd oaeoM BE IT FURTHER RESOLVED that the development authorized by this action is .' allocated to 100 Newport Center Drive, Newport Beach. This resolution was adopted at a regular meeting of City Council of the City of Newport Beach held on the 8 th day of November, 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST CITY CLERK 7 ,1 �Ewrogr CITY OF NEWPORT BEACH Hearing Date: September 27, 1999 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 30 �i PLANNING DEPARTMENT Staff Person: Scot E. Ferris 3300 NEWPORT BOULEVARD 644 -3231 NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 • REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: General Plan Amendment 99 -2(E) SUMMARY: Request to expand the second floor office area in an existing building by approximately 882 square feet. Also included is a request to relocate a small sports memorabilia museum, known as the Newport Sports Collection Foundation, into the bottom floor of the building. The project involves the approval of • a General Plan Amendment to permit additional development since there is no additional floor area allocated in this part of Newport Center, and; • a Use Permit to permit a sports memorabilia museum as an accessory use to the principal office use. SUGGESTED ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. for GPA 99 -2(E) 3) Approve Directors Use Permit No. 40 Planning Commission Action The Planning Commission considered this item at its meeting of September 9, 1999, at which time they recommended one additional condition (concerning the ficus trees on the Newport Center frontage). A copy of the report to the Planning Commission and the draft minutes of the September 9, 1999 Planning Commission meeting are attached, which provide the details of each request. Submitted by: Sharon Z. Wood Assistant City Manager � . . Prepared by: SCOT E. FERRIS Associate Planner ail. � Attachments: Resolution No. 4' Draft Minutes of September 9, 1999 Planning Commission Meeting Planning Commission staff report General Plan Amendment 99 -2 (E) September27, 1999 Page L' /' A RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, it has been determined that the proposed development is consistent with General Plan Policy B, since the development does not have an ADT rate of more than 300 daily trips and will not result in an increase in traffic; and WHEREAS, on June 24, 1999, and September 9, 1999 the Planning Commission of the City of Newport Beach conducted a public hearing regarding General Plan Amendment 99 -2(E) at which time this amendment to the Land Use Element was • discussed and determined to be consistent with the goals of the Newport Beach General Plan; and WHEREAS, on September 27, 1999 the City Council of the City of Newport Beach held a public hearing regarding General Plan Amendment 99 -2(E); and WHEREAS, the public was duly noticed of these public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the project is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act and the project would not have a significant effect on the environment; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: I's Statistical Area L (Newport Center) Block 100, and the Estimated Growth for Statistical Area L Table of the General Plan shall be amended to read as follows: •' Newport Center (Statistical Area LI) 2. Block 100 - Gateway Plaza. This area is bounded by Newport Center Drive, Anacapa Drive and Farallon Drive. The site is designated for Administrative, Professional and Financial Commercial land use and is allocated 196,545 square feet of office development. Support retail commercial uses are also allowed within this development allocation. 1 g -4r ESTIMATED GROWTH FOR STATISTICAL AREA Ll Residential (in du's) Commercial (in square feet) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Block 0 0 0 0 246,146 432,320 186,174 2. Block 100 0 0 0 196,545 197,427 882 3. Block 200 0 0 0 207,781 207,781 0 4. Block 300 0 0 0 130,408 134,908 4,500 5. Block 400 0 0 0 440,118 440,118 0 6. Block 500 0 0 0 377,170 377,170 0 7. Block 600 0 0 0 1,284,134 1,426,634 0 8. Block 700 0 0 0 327,671 327,671 0 9. Block 800 0 245 245 253,984 253,984 0 10. Block 900 67 67 0 616,630 622,630 6,000 11. Civic Plaza 0 0 0 365,160 456,710 91,550 12. Corporate 0 0 0 15,000 115,000 100,000 Plaza 13. Tennis Club 0 0 0 0 0 0 14. NB Country 0 0 0 0 0 0 Club 15. Amling's 0 0 0 3,960 5,000 1,040 16. Villa Point 0 228 228 0 0 0 17. Sea Island 132 132 0 0 0 0 18. Fashion Island 0 0 0 1,603,850 1,633,850 30,000 19. Newport 0 0 0 55,000 170,000 115,000 Village TOTAL 199 672 473 6,123,557 6,801,203 535,146 Population 394 1,331 937 ae�see osnav9 1 g -4r • BE IT FURTHER RESOLVED that the development authorized by this action is allocated to 100 Newport Center Drive, Newport Beach. This resolution was adopted at a regular meeting of City Council of the City of Newport Beach held on the 27th day of September 1999, by the following vote, to wit: 40 ATTEST CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR MA VICINITY MAP General Plan Amendment No. 99 -2(E) r Subject Property and Surrounding Land Uses Current Development: A two-story former bank building with related off -street parking. To the north: Across Newport Center Drive is the Fashion Island Regional Mall. To the east: A Surface Parking lot To the south: Are Office Buildings and a Surface Parking Lot To the west: Across Newport Center Drive are the Granville Apartments GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page )v 41 E 0 4�,— Background • The existing 11,325 square foot building was established in 1975 as a savings and loan. The building is currently being converted into general - purpose office use. The Planning Commission initiated General Plan Amendment 99 -2 (E) at its meeting of June 24, 1999. This General Plan Amendment was a proposal to increase the development allocation in Block 100 of Newport Center to allow additional office space in conjunction with the establishment of a sports memorabilia museum. Analysis The Hamilton Company currently operates a small sports memorabilia museum in an existing office space in Block 600 of Newport Center. They now wish to relocate their corporate offices and the Museum, known as the Newport Sports Collection Foundation, into an existing building at 100 Newport Center Drive. The project is located in the southern section of the building. The remaining part of the building will continue to be used for general office use. The 882 square feet addition is proposed on the second floor with the sports memorabilia museum located on the first floor. The additional 882 square feet will be created by adding a 21 foot by 42 foot second floor over an existing 2 -story interior atrium. There will be no change in the external building envelope. In • addition, this project will create 4 new parking spaces in the area where the drive -up teller approach was located. The project area currently contains a total gross square footage of approximately 7,013 square feet As shown on the floor plan, the fast floor (approximately 3,533 square feet) consists of 2,996 square feet of museum display area, 295 sq. ft of stairway and elevator area, 165 square feet of toilet room area and 77 sq. ft of enclosed non accessible area. The second floor (approximately 3,480 square feet) consists of 2,999 square feet of usable office area, 155 sq. ft of stairway and elevator area, 277 square feet of toilet room area and 42 sq. ft of enclosed non - accessible area. General Plan Amendment The Land Use Element of the General Plan is a long range planning document setting forth the City's policies for the use of land. The objective of the Land Use Element is to provide an orderly balance of residential and commercial uses with an emphasis on preserving the quality of life in the City. Block 100 — Gateway Plaza is allocated 196,545 square feet of office development. The adopted development limits do not provide for sufficient further growth on this site to accommodate the proposed development. However, amendments to the General Plan may.be approved with the finding that the amendment is consistent with the intent and policies of the General Plan. • GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Pag*4' )1 General Plan Policy B allows for some modest growth provided that traffic does not exceed the . level of service desired by the City. Analysis of the development shows that the additional office ' will produce 12 additional daily trips and the conversion of office to museum will result in 25 additional daily trips. The total additional 37 trips is considered to be insignificant in the Newport Center Area, and intersections will stay within the predicted Level of Service contained in the Circulation Element. Therefore, approval of this amendment would be consistent with this policy. General Plan Policy L provides for the City to promote the prosperity of its commercial districts through the adoption of appropriate development regulations, so those districts reflect and complement the high quality of its residential areas. As previously stated, the proposed amendment will provide for additional professional and business office space. Professional and office uses are an integral part of an important commercial district in Newport Beach. It is the opinion of staff that an addition of 882 square feet of office to the interior of an existing building will improve the prosperity of Block 100 — Gateway Plaza and the overall Newport Center area by increasing the availability of quality office space in the area. Therefore, the amendment meets the intent of General Plan Policy L. I Jce Permit The project site is in the APF Zoning District, consistent with. the General Plan land use designation. This district allows uses which are accessory to the principal permitted uses such as offices with a use permit. This project is somewhat unique, since the small sports memorabilia museum is operated in a fashion which is accessory to the corporate office activity of the applicant. ,t In this case, staff is of the opinion that the use is compatible with the surrounding uses and will not be detrimental to the neighborhood since it has operated in a similar setting for many years with no problems. Off - Street Parking This project has two issues related to parking — the addition of 882 square feet of office use and the parking needs for the museum. The subject site currently contains 45 parking spaces. The Municipal Code has a parking requirement of 1 parking space per 250 square feet for commercial office uses. This project will create 4 new parking spaces in the area where the drive -up teller approach was located, thus fulfilling the additional parking need. The Municipal Code establishes the parking requirement for cultural institutions at one space for each 300 square feet. This is a slightly lower requirement than that provided for office uses and, if applied in this case, would reduce the parking requirement by 2 spaces. Since the museum area could be readily converted back to office occupancy without further review of the City, staff has included a condition to require parking at one space for each 250 square feet. Therefore staff is of the opinion that the number of on -site parking spaces is adequate. GPA 99 -2(E) .1 Directors Use Permit No. 40 September 9, 1999 Page.-Fr- I Recommendations The adoption and amendment of the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth any required findings for either approval or denial of a General Plan Amendment. The existing office building is consistent with the General Plan and the added sports memorabilia museum is accessory to the principal use. The proposed increase in permitted floor area is consistent with General Plan policies because adverse traffic impacts are not anticipated in association with the project and adequate parking is provided. Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Based on the analysis contained in this report, staff is of the opinion that findings for approval of the use permit can be made for the sports memorabilia museum since the facility will be integrated into the existing office site development and will comply with the objectives of the City's Zoning Code. The parking requirement and demand of the site can be adequately met by the parking provided on site. Additionally, due to the highly developed character of the surrounding land, the development will not change the character of the existing development on the neighborhood. Should the Planning Commission wish to approve Planning Directors Use Permit No. 40, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the sports memorabilia museum use conforms to the requirements of the Title 20 of the Municipal Code and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would wan-ant the denial of this application, the Planning Commission may wish to take such action. Submitted by: Prepared by: PATRICIA L. TEMPLE SCOT E. FERRIS Planning Director Associate Planner Attachments: Exhibit "A" Resolution Site Plan, Floor Plan and Elevations F:\USERS\PLN\SHAREDNIPLANCONA1999\09-MPA99.2E.Rlyr • GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page*— /-5 Co EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR General Plan Amendment No. 99 -2(E), and .' Directors Use Permit No. 40 A. General Plan Amendment No. 99 -2(E): Adopt Resolution No. _ (Attached) recommending to the City Council the adoption of General Plan Amendment No. 99 -2(E). B. Planning Directors Use Permit No. 40 Findings: The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial' land use which allows office and uses which are accessory to that use 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. The approval of Planning Directors Use Permit No. 40 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further, the proposed use permit related to the proposed sports memorabilia museum use is consistent with the legislative intent of Title 20 of this Code for the following reasons: The sports memorabilia museum is an accessory use of the existing office operation, which is compatible with the character of the neighborhood since surrounding uses are commercial. The proposed development fully conforms to the established development standards of Chapter 20 of the Municipal Code. Adequate on -site parking is available for the existing and proposed uses. Conditions: The development shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. One parking space for 250 square feet of office or museum use shall be provided on -site. No outdoor loudspeaker or paging system shall be permitted in conjunction with the sports memorabilia museum operation. GPA 99 -2(E) a Directors Use Permit No. 40 September 9, 1999 Page r �7' • Standard Requirements: 1. The project shall comply with State Disabled Access requirements. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The proposed sports memorabilia museum facility and related structures shall conform to the requirements of the Uniform Building Code. 6. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use. Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. • 8. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. • GPA 99 -2(E) Directors Use Permit No. 40 September 9, 1999 Page 8� CITY OF NEWPORT BEACH 23 of 34 hup://www.city.newport-beach.ca.us/CouncilAgendas/Mn09-27.h.tml he had talked to Bill Campbell and Mr. Campbell is willing to let someone else take control. L Allan Beek, 2007 Highland, stated that the decision has been made on the traffic phasing ordinaneo �TI1 O), but he said that it still needs to be decided if the City dislikes congestion more or the infrastructure it takes to avoid the congestion. He said that the amended TPO gave the City the power to collect money ahead of time intersections before they get congested. He stated, however, that the City must,have a plan regarding what improvements will be made to the infrastructure, how much building will be allowed, how will streets be designed and h3w,' much new traffic will be generated. ~' I PUBLIC HEARINGS 30. GENERAL PLAN AMENDMENT 99 -2(E) - REQUEST TO Res 99 EXPAND THE SECOND FLOOR OFFICE AREA IN AN EXISTING BUILDING BY APPROXIMATELY 882 SQUARE GPA 9' FEET AND A REQUEST TO RELOCATE A SMALL SPORTS' MEMORABILIA MUSEUM, KNOWN AS THE NEWPORT Directe SPORTS COLLECTION FOUNDATION, INTO THE BOTTOM FLOOR OF THE BUILDING — REQUIRES THE APPROVAL OF Permit A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT SINCE THERE IS NO ADDITIONAL FLOOR 100 Ne AREA ALLOCATED IN THIS PART OF NEWPORT CENTER AND THE APPROVAL OF A USE PERMIT TO PERMIT A (45) SPORTS MEMORABILIIA MUSEUM AS AN ACCESSORY USE TO THE PRINCIPAL OFFICE USE (100 NEWPORT CENTER DRIVE). Planning Director Patty Temple stated that the Planning Commission recommended approval of both the general plan amendment and the use permit. She added that a general plan amendment was required because of the lack of available i development allocation in that part of Newport Center. The Planning Commission identified one major issue, which was the maintenance of some existing trees in the vicinity of the project. As a result of this concern, they added a condition of approval to the use permit that addressed the maintenance of the existing trees and their replacement, if they needed to be removed. Council Member Adams asked for a clarification as to why the trees were tied to the application. Ms. Temple stated that the trees are along Newport Center Drive and have been on the property since the initial development. She stated that the Planning Commission is embarking on a program that may consider some design criterion consistent with the original design concepts of Newport Center, and felt that existing landscaping should be maintained until the decisions on the program are made. ,' -tog I -A(` ) "' Use ert wpor' }Ch 0 lb 11/01/1999 8:16 AM CITY OF NEWPORT BEACH http://www.city.newport-beach.ca.us/Counci]Agendas/Mn09-27.htmi Council Member Adams asked if the applicant was proposing to • remove trees. Ms. Temple responded by saying that the applicant indicated to the Planning Commission that one or more trees may be diseased or in an unsafe condition, and that he may not want to replace the trees with the same species. Council Member Adams asked if The Irvine Company had any control over the landscape palate. Ms. Temple stated that the property may be one of the few in Newport Center that does not have ongoing review by The Irvine Company. Council Member Glover stated that this will be a problem throughout Newport Center until the design framework is completed because The Irvine Company sold some parcels of land in the 1980's. She stated that she would prefer that The Irvine Company had stronger Special Land Use Restrictions (SLURS). Ms. Temple confirmed for Council Member Glover that the applicant would not be able to remove the trees if the City Council upheld the decision of the Planning Commission. And, that the general plan amendment was being processed in the normal fashion. Council Member Ridgeway confirmed that there is one set of ficus trees in a boulevard landscape area and another set adjacent to the building. Ms. Temple confirmed that the applicant only has the ability to deal with trees on his own property. Council Member Ridgeway stated that he was surprised that the Planning Commission took action on trees on private property. Mayor O'Neil opened the public hearing. John Hamilton, the applicant, stated that the trees are on his property, were planted improperly and were determined by an arborist to be diseased and possibly unsafe due to the roots aboveground. He said it is not his intention to remove the trees and not replant something in their place. He stated that it would be a physical impossibility to replace the trees with the same species and size as being removed, and as recommended by the Planning Commission. He confirmed for Mayor O'Neil that he is in agreement with the rest of the recommendations. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 99 -69 for GPA 99 -2(E); and approve Directors Use Permit No. 40 with the deletion of Condition No. 4, recommended by the Planning Commission, and allow the applicant to remove the trees on his private property and replace them with a species of his choice (if so desired). • Council Member Glover stated that she would not be supporting the motion because she does not want to see hodgepodge occur in the Newport Center area. She feels that the design framework should be developed before any existing landscaping is changed. /1 24 of 34 11/01/1999 8:16 AM CITY OF NEWPORT BEACH except 25 of 34 hup: / /www.c ity. newport- beach. ca .us /Counc ilAgendas/Mn09- 27.ttttn I Council Member Adams stated his concern about the row of trees along the street and is glad they are not being disturbed. He asked for a clarification of the motion and if the applicant would be required to replace the trees with landscaping of some kind. Council Member Ridgeway stated that the motion allows the applicant the freedom to replace the trees with whatever he wants. Council Member Adams asked if the applicant would consider a condition that would require a one - for -one replacement. Mayor O'Neil stated that he understood the motion to allow the applicant to replace the trees, only if he desired. Council Member Adams stated that there shouldn't be any harm in including the applicant's intention as a condition. Mayor Pro Tem Thomson stated that he feels that private property rights should be observed. He stated that he feels the applicant will do what's best for the City. The motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: Glover Abstain: None Absent: Noyes RECONVENED AT 3_25 P.M. . with all members present Member Noyes and Mayor Pro Tem Thomson. 32. REQUEST FOR ]FUNDING`►�EROM ORANGE COUNTY AIRPORT ALLIANCE IN THE AMOUk OF $238,234. ('Taken out of order.) �� Tom Wall, Executive Director, Orange County A'h+port Alliance, stated that the planning process for the reuse of El TbMstarted in the Fall of 1993 with the announcement of the base clo -shirt. In December of 1996, the Orange County Board of 5uperviso -h, acting as the local reuse authority, chose the airport as the preferred alternative. He stated that, since that time, the IS 0 Orang Airpor Fundi (54) .) 11101 %1999 8:16 AM