Category Archives: News

Newport Crossings

Newport Crossings project — as of November 2017

Project Overview: This is a modestly revised return appearance of the Residences at Newport Place proposal (rejected by both the Planning Commission and City Council in 2016) for high density, high rise residential redevelopment of the now shuttered shopping center  that was formerly home to “Arnie’s Deli” and “Il Barone” restaurant — a pentagon of land along the MacArthur corridor in the Airport Area, bounded by Dove, Scott, Corinthian and Martingale Ways (and an abutting office parking lot).  In this reincarnation of the rejected plan, 350 apartments are planned, down from the earlier proposal for 384.

Why We’re Watching:  The return of a previously rejected proposal is always of concern.  SPON continues to feel that although the City’s 2006 General Plan allowed for adding housing to the Airport Area, the plan for actually doing that, and its consequences (both for the city in general and on the potential future Airport Area residents and existing office park uses in particular), have never been adequately thought out.  The already-approved and under construction Uptown Newport project seems ominously like the undesirable development constructed along the Jamboree corridor in nearly Irvine.  Before additional projects are approved in Newport Beach’s portion of the Airport Area, SPON believes that either the General Plan needs to be updated or a more comprehensive specific area plan for the area developed.

The need for better planning is exemplified by the rationale offered, when essentially the same proposal was previously before decision makers, for converting the shopping center to residential:  there were, the owner said, not enough residents in the area to support his center.  But by replacing the small amount of existing retail with housing, the developer will be creating new residents who, with the center gone, will likely have too little retail to serve them.  That doesn’t sound like good planning — and for many it remains hard to see how housing belongs at all so close to an airport — typically a buffer zone reserved for office, retail and industrial/manufacturing uses.

Upcoming:

November 16, 2017 @ 6:00 pm: According to the Notice of Preparation, “Scoping Meeting” will be held at the OASIS Senior Center in Corona del Mar to describe the project and receive comments on issues that need to be addressed in the EIR. Written comments on that can be submitted through November 30.

Recent Events:

November 1, 2017: The City announced the posting of a “Notice of Preparation” for an Environmental Impact Report to be prepared prior to any City approvals (this is an improvement over the previous proposal, whose approval was considered with only a lesser “Mitigated Negative Declaration”).  Comments on issues that need to be addressed in the EIR are due by November 30, and can also be offered orally at a public Scoping Meeting to be held on November 16. 

May 31, 2017Application for project filed with City.

Helpful Links

Local Coastal Program Amendments

Local Coastal Program Amendments . . . as of October 2017

Latest News:  What Coastal Commission staff has declared to be the “minor” parts of City staff’s LCP “clean-up” will be reviewed, and presumably accepted, by the Coastal Commission as Item Th11a at its November 9, 2017, meeting.  Although City staff appears to have stopped pursuing some its more controversial proposals, that still leaves at least five “major” amendments (resubmitted by the Council on September 12) awaiting review by Coastal staff and the setting of a hearing date. If amended by the Coastal Commission at their hearing, the Council would have to agree to the amendments or abandon the proposals.

The City’s proposal for a Balboa Village Parking Management District (removing the requirement for businesses to provide off-street parking) appears to be in limbo, as does the request for a Coastal Development Permit to allow establishment of a Residential Permit Parking Program in the area west of the Village.

Project Overview:  The Newport Beach Local Coastal Program sets policies and detailed rules for issuing Coastal Development Permits, which are the main mechanism for ensuring compliance with the California Coastal Act.  Effective January 30, 2017, finally (some 45 years after passage of the voter-enacted precursor to the Coastal Act) and for the first time, the City of Newport Beach obtained a fully certified Local Coastal Program authorizing it to process and issue such permits.

Why We Were Watching:  The ink was barely dry on the LCP, when it was discovered that a raft of apparently staff-generated amendments was being rushed to approval with very little public awareness.  SPON is very concerned both with the process and with the substance of the proposed amendments.  In particular, City staff proposed making major changes to the Coastal Land Use Plan’s policy declaration regarding the City’s long-standing building height limitations, which would, among other things, exempt so-called “planned communities” from the considerations that apply to other properties. Meeting resistance, even from the Council, that appears to have been dropped.

But now there is a proposal to bring Newport Coast (currently subject to County regulations) within the compass of the City’s LCP.  That could prove very problematic considering the large quantity of unbuilt allocations.  The July 25, 2017, Item 12 staff report indicates that includes 182 homes, 1,046 hotel rooms and 75,933 square feet of commercial development. This would seem a major effort, and one SPON is watching with concern.

Upcoming:

  • November 9, 2017:  The Coastal Commission has announced that as Item 14a at its hearing in Bodega Bay on November 9, the Commission will be reviewing their Executive Director’s declaration of the “minor” portions of the City’s July 11, 2017, submittal — which will, in the absence of objection by the Commission, be deemed approved.  An exhibit to the staff report shows the City’s Resolution No. 2017-45 with the parts deemed “not minor” crossed out. However, of the parts being deemed “minor,” proposed Amendment #2 will create relaxed development standards for a Lido Villas Planned Community, and Amendment #12 will eliminate the need for public hearing on many Coastal Development Permits. The crossed out parts include all the worrisome language the City proposed on July 11 changing the height limit rules.  Since that language is not in the September 12 repackaging and consolidation of “major” amendments, it appears the City is not pursuing a relaxation of the height limits, at least for the moment.
  • No Coastal Commission hearing date has yet been announced for the package of major LCP amendments submitted by the Council on September 12, 2017.
  • The Balboa Village Parking Management District plan (heard by the Planning Commission on May 4) and the modifications to height limits (heard and modified by the City Council on July 11) do not appear to be before the Coastal Commission at the moment, and probably require a new resolution from the Council to make them so.
  • The status of the Coastal Development Permit application to establish a Residential Permit Parking Program for the area west of Balboa Village (submitted per Item 14 at the Council’s October 27, 2015, meeting) is also unknown.  To be approved, it might well require an amendment to the LCP.

Recent Events:

    • September 12, 2017:  Staff returned to the Council with a report that the City was in danger of exceeding the number of major amendments to the LCP allowed in a single calendar year.  The CCC’s rule apparently allows multiple major amendments if they are part of a single submittal.  As a result, in Item 3 on the consent calendar, City staff asked the Council to adopt Resolution No. 2017-56, which combined in a single submittal the Oceanfront Encroachment and Accessory Dwelling Unit proposals from July 25 with three proposals from July 11 that the CCC had deemed “major” (regarding shoreline protective devices, allowing a 75% expansion of nonconforming residential structures, and establishing rules for deviations from the development standards via variances and modifications).  The staff report did not identify which portions of the July 11 proposal had been deemed “minor,” requiring only the CCC Director’s approval.  However, Resolution No. 2017-56 submits none of the language creating new exceptions to the City’s building height limits, suggesting that request has been dropped.  In addition, the status remains unclear for a Parking Management District in Balboa Village (removing any requirement for businesses to provide off-street parking), which seems to have not been formally submitted at all.
    • July 25, 2017:  As Item 18, the Council adopted Resolution No. 2017-50, submitting to the CCC a proposed amendment to the LCP to allow beach encroachments in the Peninsula Point area.   And as part of Item 19, Resolution No. 2017-51 submitted an amendment allowing Accessory Dwelling Units.  Also, as Item 12 on the consent calendar, the Council agreed to “Initiate amendments to the City’s certified Local Coastal Program and the Newport Coast Planned Community Development Plan to incorporate Newport Coast into the City’s certified Local Coastal Program. ”  Little more is known of this latter proposal, as it does not appear to have been the subject of any other public discussion.
    • July 11, 2017:  As Item 10 at its evening meeting, the City Council heard the  “clean-up” portion of the proposed LCP amendments, including a provision that would have exempted planned communities from the City’s longstanding height limits, even in the so-called 35′ Shoreline Height Limit Area.  The Council questioned that proposal and asked staff to come back with a revised “clean-up” eliminating that proposal.  The matter did not come back, but the resulting Resolution No. 2017-45, as signed by the Mayor, differed from the one presented to the Council in the Item 10 staff report by having the planned community exception removed.
    • May 18, 2017:  At the Corona del Mar Residents Association‘s monthly meeting, the City’s Community Development Director, Kimberly Brandt, and Deputy Director, Brenda Wisneski, gave a presentation entitled “Local Coastal Plan Amendments (Shoreline Properties) & future General Plan Update Project” (see the agenda).   Regarding the LCP Amendments, Ms. Wisneski indicated that despite the Newport Beach Planning Commission’s action on May 4 (recommending Council approve the flawed amendment package exactly as presented by staff), instead of sending the proposal directly to the City Council, City staff is working with the Coastal Commission staff in Long Beach to figure out what might actually fly (before it becomes effective, whatever amendments the Council approves have to be certified by the Coastal Commission, which looks to their own staff to spot problems with them).  She anticipated this process might take several months, but did not explain exactly what would happen at the end of it.  That is, would a revised set of amendments be brought back to the Planning Commission for public re-consideration?  Or (as happened with the original LCP) would the Council adopt City staff’s (flawed) package, but with a forewarning (based on the staff discussions) of what parts the Coastal Commission would likely change or reject?  Apparently time will tell.
    • May 4, 2017:  The amendments were re-noticed for a hearing before the Planning Commission as Item 3 on May 4.  At that hearing, it seemed apparent most of the Commissioners either had not reviewed the item in advance of the meeting, or were not interested in it.  Despite the many flaws pointed out to them (see above under “Why We’re Watching”), on a 5:1 vote (with Commissioner Lawler absent and Commissioner Weigand voting “no”) the Commission, without any substantive comment or any revisions at all, recommended the Council approve all the amendments as submitted.

As presented to the Planning Commission the amendment package consisted of three (or eleven, depending on how one counts) completely unrelated items:

      • a Balboa Village Parking Management District plan (eliminating off-street parking requirements for most businesses in that area)
      • an East Oceanfront Encroachment Program (allowing private improvements on the first 15 feet of the public beach in front of most ocean-facing homes in Peninsula Point from E Street to the Wedge)
      • a “Implementation Plan Clean-up” package (itself consisting of nine unrelated insertions and changes to the Coastal Land Use Plan and the Implementation Plan)

Whatever one may think of the merits of staff’s proposals, the proposals themselves are deeply flawed:

      • As indicated in a SPON letter, the Parking Management plan prioritizes resident-serving commercial uses over marine-related ones, in contradiction of Coastal Act policies.
      • The Encroachment Program introduces new regulations into the Implementation Plan that permit development in areas where it is explicitly prohibited by the governing Land Use Plan.
      • The “Clean-up,” among other contradictions, deletes the Coastal Commission approved  Land Use Plan policy exceptions that allowed the Lido House Hotel (being built at the old City Hall site) to rise to 65 feet in a 35-foot height limitation zone, but retains the Implementation Plan regulations allowing such excess heights (now without explanation or justification).

On a separate track, City staff proposed amending both the Zoning Code and the LCP to accommodate what they say are changes required by new state laws in the City’s rules for “Accessory Dwelling Units” (small rental units) in single-family neighborhoods.  This was heard as Item 2 at the Planning Commission’s May 4,  2017, meeting. The Commission showed more interest in this than the other amendments, and voted to continue the item until they had more time to study them.

  • April 11, 2017:  With little to no prior public awareness, action by the Council on the LCP amendments was scheduled for a public hearing as Item 18 on the April 11 agenda.  As a result of reminders from the public that Council action was not legally allowed without a Planning Commission recommendation (as required by Table 21.50-1 in the newly certified Implementation Plan), the item was withdrawn.

 

News Coverage

  • none so far

Helpful Links

 

Mariner’s Mile

Latest news: The Planning Commission’s recommendation to the City Council about City staff’s proposed “Mariners’ Mile Revitalization Master Plan,” which had been expected to come on May 18, was been re-scheduled for July 20. However, on July 18, City staff issued a statement saying they were “withdrawing” the Plan from consideration. Apparently it may return as part of the proposed citywide General Plan Update, or after the latter is completed. Meanwhile, the “Mariners Mile Hwy Configuration/Land Use Review” budget item (project ID No. 15T06), dating back to the FY2014-15 budget, remains, with $90,631 of residual funding, in the Capital Improvement Program component of the City’s FY2017-18 budget. That account appears to be the one used to fund the “revitalization” efforts. The proposed CIP also includes a “re-budget” of $49,944 toward the City’s long-delayed reconfiguration of the Old Newport/PCH intersection (see Recent Events, May 5, 2017, below). That budget item was approved as part of the larger budget at the Council’s June 13 meeting.

Overview: According to the City’s website, Mariners Mile (oddly spelled Mariners’ in the proposed new Master Plan despite existing road signs to the contrary) has been identified as an area needing revitalization. With completion of a study evaluating roadway capacity requirements for West Coast Highway, the City is evaluating existing land use policies and regulations, which it says may inhibit “revitalization” of the area. The “Mariners’ Mile Revitalization Master Plan” is ostensibly intended to identify potential refinements and barriers to revitalizing the area.

Why We’re Watching: The City contracted with PlaceWorks in May of 2016 to assist in these efforts. According to the City, the plan they develop will provide an implementation strategy to improve the area. But PlaceWorks is the same outside consulting firm (and in this case the same principal consultant) that coordinated the City meetings that led to 2014’s ill-conceived Measure Y.  PlaceWorks also prepared the environmental analysis for Uptown Newport and the recently rejected Museum House high-rise residential development project.

PlaceWorks’ odd decision to change the spelling of Mariners Mile from Mariner’s to Mariners’ seems indicative for their general disregard for the existing Mariner’s Mile Strategic Vision and Design Framework adopted, after considerable effort, in 2000.

Concern about the outside planners’ disconnect with the history and spirit of the place is exacerbated by the fact that a good portion of Mariners Mile (the so-called “Haskell/Ardell properties” and the adjacent Duffy Boat sales/rental office) has recently changed hands and will likely be the subject of major projects and proposals. As residents, we expect these projects and proposals to adhere to our General Plan rules in order to avoid spot zoning exceptions which pave the way for excessive heights and density. And as residents, we need to raise these concerns during the earliest phases of project planning.

Opportunity to Join Voices with Other Concerned Citizens: A group of residents, business people and business property owners, concerned about recent City planning decisions affecting Mariners Mile and the future direction of the new “revitalization” effort, including the renewed push to widen Coast Highway, has banded together as the Coalition to Protect Mariner’s Mile. The group is completely independent of SPON, but has chosen to associate with SPON for purposes of tax-deductible fundraising.

The Coalition hopes to increase citizen awareness of and  influence over the City’s current planning effort and future planning decisions affecting Mariners Mile.

On May 5, 2017, the Coalition launched a  website which articulates their efforts and concerns.  Visit it for further information, including an opportunity to sign their petition of concern, volunteer your time or make a financial contribution.

Upcoming:

Recent Events:

July 20, 2017:  The hearing, originally scheduled for May 18, has been re-scheduled to July 20.  The Planning Commission was expected to make a recommendation about the Plan to the City Council, but the Mariners Mile item was removed from the agenda at the last moment.  The Plan is now in limbo.

June 13, 2017:  Council approves continued budget for the “Mariners Mile Hwy Configuration/Land Use Review” item (project ID No. 15T06), dating back to the FY2014-15 budget. $90,631 of residual funding remains in the Capital Improvement Program component of the City’s FY2017-18 budget. That account appears to be the one used to fund the “revitalization” efforts. The proposed CIP also includes a “re-budget” of $49,944 toward the City’s long-delayed reconfiguration of the Old Newport/PCH intersection (see Recent Events, May 5, 2017, below). This “re-budget” item was approved as part of the larger budget at the Council’s June 13 meeting.

June 5, 2017:  Last day to submit comments on Caltrans’ environmental study of their Arches Intersection improvement proposal.  See May 5, 2017, below.

Planning Commission Recommendation on “Master Plan” (May 18, 2017): A formal hearing before the Planning Commission was expected on May 18, at the end of which City staff expected the Commission to make a recommendation to the City Council about the proposed Revitalization Master Plan.  However, that meeting was cancelled. The matter will apparently be brought back at a later date after City staff resolves whether Commission Chair Kory Kramer can participate in the recommendation (see notes about his conflict under April 20, below).  That process could apparently take anywhere from 30 to 60 days.

City “Development Review Committee” (May 11, 2017): City staff’s “Development Review Committee” is expected to hold a “Pre-Application & Project Review” meeting regarding a proposal for the former Ardell Property (site of A’maree’s and the boat storage area across PCH).  The meeting is not likely to be open to the public.

PMM Community Awareness Event (May 6, 2017):  On Saturday May 6, from 9 a.m. to 1 p.m., the Coalition to Protect Mariner’s Mile held a  “Community Awareness Event” at Cliff Drive Park in the upper picnic area between Riverside and Redlands.

Caltrans releases Arches Intersection plans for public comment (May 5, 2017):  The City, in collaboration with Caltrans, wishes to make changes to the “Arches Intersection” where Old Newport, PCH and the Newport Blvd. bridge come together.  Before proceeding with the project, Caltrans, on May 5, released the required environmental “Initial Study and Negative Declaration” for 30 days of public review and comment. This project has been in the City’s Capital Improvement Program budget since 2012 (the “FY13 CIP“) and curiously the CIP adopted in 2016 and the proposed CIP set for adoption in 2017, in which it is listed as “Old Newport Blvd/West Coast Hwy Widening (15R19),” say the design and environmental review has been “completed.”  In fact, the City seems to have passed the review responsibility for this over to Caltrans.  However that may be, the City’s Public Works staff has said they have been unable to obtain grant funding for this project, so its fate is uncertain even if it obtains Caltrans approval.

Wake Up! Newport presentation (May 4, 2017):  Community Development Director Kimberly Brandt was expected to speak about the Revitalization Master Plan (among other topics) at the Newport Beach Chamber of Commerce’s “Wake Up! Newport” meeting.  Like the April 11 presentation, the meeting  was video recorded and should be posted (under that date) on the City’s streaming video page

Planning Commission study session (April 20, 2017): The Planning Commission held a study session on the Master Plan on April 20 at 6:30 p.m. in the City Council Chambers, with a minimum quorum of four Commissioners in attendance (PC Chair Kory Kramer appears to be permanently recused from this item due to his management interest in the Balboa Bay Club & Resort, Commissioners Zak and Hillgren had excused absences).  The consultant made a presentations about the proposed Master Plan and City staff made one about the eventual widening of Coast Highway through Mariners Mile to six lanes. After extensive public input, the Commissioners seemed skeptical about the desirability of widening the highway and uncertain as to whether they would be able to make a positive recommendation on May 18. Staff persisted in asserting that the widening issue was separate from the Master Plan, and the latter needed to be pushed through to completion.

Good Morning CdM presentation (April 13, 2017):  Newport Beach Community Development Directory Kimberly Brandt and Public Works Director Dave Webb gave a reprise of their April 11 SUN presentation to a smaller Corona del Mar Chamber of Commerce breakfast group.  Their presentation prompted questions, not very well answered, about the meaning and significance of a “Master Plan” and how it relates to other planning documents such as the City’s General Plan.

Speak Up Newport presentation (April 11, 2017):  City staff made a presentation about the Master Plan and PCH widening proposals at the monthly Speak Up Newport meeting at City Hall.  The presentation was video recorded and should be posted (under that date) on the City’s streaming video page

Release of draft Master Plan (April 11, 2017):  A 163 page draft of the “Mariners’ Mile Revitalization Master Plan” has been posted for public review on the City website, here.

District 2 Town Hall (March 27, 2017): Mariners Mile was announced as one of several topics to be presented at a “District 2 Town Hall” conducted by Councilman Brad Avery in the Mariners Branch Library community room, and intended to inform the public of City activities impacting residents of District 2. However, discussion was largely deferred when the level of public interest proved such that Councilman Avery declared it a topic needing a meeting of its own.

Mariners’ Mile Revitalization Master Plan Community Meeting (January 2017)
The third public “workshop” was held at Marina Park on January 26, 2017, at 6:00 pm. Although comments were entertained at the end, this was primarily a presentation by PlaceWorks, the outside firm preparing the new Master Plan. A SPON-produced video of this third public meeting is available here.

AutoNation Proposal Withdrawn (November 7, 2016): At its October 6 meeting, the Planning Commission recommended denial of a massive AutoNation Porsche dealership proposal, which which was not part of the revitalization planning and caught many nearby residents by surprise (see SPON video for August 18 Planning Commission meeting). Cut back into the bluff, it would have occupied the entire north side of PCH from the largely-vacant new Mariner’s Pointe building at Dover Drive to McDonald’s, with roof-top parking and elevator shafts towering 50 feet above the highway. An appeal by AutoNation was expected to be heard by the City Council at a special Monday evening meeting on November 7, 2016. However, impacted neighbors had been circulating a petition against the project and it was announced that AutoNation had withdrawn their application.

Mariners’ Mile Revitalization Master Plan Community Workshop (September 2016)
The second public workshop was held as a noticed Planning Commission study session on Monday, September 26 at 6:00 pm at Marina Park. Attendance was good, despite it being a presidential election debate night. A video recording of this second Community Workshop is available here.

Mariners’ Mile Revitalization Master Plan Community Workshop (July 2016)
The July 25 Community Workshop was literally standing-room only for the crowd that attended the event. It obviously attracted many more people than the organizers had planned. Attendees were split into groups and asked to share ideas for the area. A video recording of this first Community Workshop is available here.

City Staff unveils drive for “revitalization” of Mariners Mile (May 24, 2016)
At a sparsely attended May 24, 2016, City Council afternoon “study session,” following an OCTA presentation on the results of the OCTA/Caltrans “Pacific Coast Highway Corridor Study” (agenda Item SS4), the City’s Public Works staff conducted (as agenda Item SS5) a “West Coast Highway / Mariners’ Mile Capacity Discussion.” At the regular evening meeting, the Planning Division presented as agenda Item 8, and the Council approved, a contract with the outside land use consulting firm PlaceWorks, and one of its principals, Woodie Tescher, to “develop a Revitalization Master Plan for Mariners’ Mile.”

City staff has apparently been meeting with the developers and initially said it planned to submit a draft master plan to the Planning Commission in October and to the City Council by the end of the year. Sound like a rush job?

Need for “Citizens Advisory Panel” stealthily removed (May 26, 2015)
In the Council’s May 26, 2015, budget approval for FY2015-16, in which an unspent $222,299 was “re-budgeted” for the same project described below (now known as “Project No.: 15T06“.  In the project description, the tense was changed and the word “possibly” inserted before “Citizens Advisory Panel” : “Staff is working with Mariners Mile property owners and possibly a Citizens Advisory Panel to review the ultimate street configuration and multi-model use of Coast Highway through Mariners Mile. Corresponding land uses and parking requirements of the adjacent properties also are being reviewed.” [emphasis added]

Council budgets money for “Mariners Mile Configuration and Land Use Review” (June 10, 2014)
The City budget for FY2014-15, as approved at the Council’s June 20, 2014, meeting included a $300,000 capital improvement project (“CAP15-0017“) with the above title, and the following description: “Staff will work with Mariners Mile property owners and a Citizens Advisory Panel to review the ultimate street configuration and multi-model use of Coast Highway through Mariners Mile. Corresponding land uses and parking requirements of the adjacent properties will also be reviewed.”  [emphasis added]

Helpful Links

Press Links

General Plan update

General Plan Update  . . .  as of November 2017

Latest News:   City Planning Division staff announced the main kick-off for the General Plan Update effort would come at the Council’s November 14, 2017, meeting, with both a 4:00 p.m. “study session,” at which City staff’s proposals for the process, timeline and structure of the GPU would be presented, with action on those proposals expected at the 7:00 p.m. evening meeting.  At the evening meeting, the Council was to be asked to formally initiate the project and approve the duties of a Steering Committee (consisting of Council members O’Neill and Herdman and former Council member Nancy Gardner) and a citizens advisory committee (“GPAC”) chaired by Ms. Gardner and consisting of 4 Commissioners and up to 25 community members. The Council was also to be asked to solicit applications to serve on GPAC, to be reviewed by the Steering Committee, as well as empower the Steering Committee to review “Requests For Proposals” for outside consultants to facilitate the update process. Although the study session and regular meeting occurred, the Council preferred delaying the launch of any such program until a more deliberate evaluation of what needs to be  done could be accomplished. Meanwhile, SPON is proceeding with the creation of its own independent citizens GPAC interest group.

Project Overview:  While it has not officially started, Mayor Kevin Muldoon announced the initiation of an update of the city’s General Plan as a major objective for the current City Council term.  We learned more about this on November 14, and hope to have some influence over the scope and timeline when, and if, it emerges.

Why We Were Watching:  Although SPON has repeatedly called for the development of “comprehensive” plans for specific areas of the city, such as Mariners Mile, West Newport Mesa and the Airport Area, this city proposal is different and could have worrisome consequences.   In 2006, the General Plan update process was used, without the full understanding of most residents, to expand and “reset” the Greenlight development thresholds throughout the city.  By approving the updated land use tables and maps, voters in effect gave the “Greenlight” to future projects they assumed they would be given a second chance to vote on, such as the two recently erected high-rise office towers (PIMCO and Irvine Company) in Newport Center and the massive 524-unit Villas Fashion Island apartment project at the corner of Jamboree and San Joaquin Hills Road.

With greater public awareness, a similar, but even more fast-tracked and developer-driven General Plan update effort in 2013-2014 was overwhelmingly rejected when approval of the land use changes was placed on the ballot as Measure Y.

Measure Y did nothing to allay the widespread impression that staff, consultant and others, guided by unknown influences, formulate most of the content of General Plan Updates “off camera,” spoon-feeding largely predetermined recommendations to what is ostensibly a citizens committee, eventually congratulated for its “hard work.”

While city staff has indicated the present update may not even touch the critical land use limits needing voter approval, some Council members, early on, mentioned hoping to see the matter on the November 2018 ballot — which implies that it will.

Whatever the process turns out to be, for the sake of “our town” close watchfulness will be needed to ensure the General Plan modifications are resident-driven rather than developer-driven.

Upcoming:

November 28, 2017:  Possible reconsideration of Council action on the GPU, but this will most likely be deferred until 2018.

December 2, 2017:

Second meeting of SPON’s independent GPAC group.

Recent Events:

November 18, 2017:  As was apparent from Measure Y, SPON anticipates that City staff and Council may have a vision and goals for the future of the City that diverge markedly from the views held by a majority of residents, and even business owners.  As a result, SPON convened a meeting of interested citizens to review what happened on November 14 and assess interest in creating an independent, truly citizens advisory panel to monitor developments and attempt to keep the City’s process on a track residents approve of.  Such true independent citizens’ oversight was lacking from previous GPU efforts in Newport Beach.  The response was a enthusiastic, and a second meeting will be held on Saturday, December 2.

November 14, 2017: Based on the City’s announcement, formal initiation of a General Plan update process was expected to come at the November 14, 2017, City Council meeting. A discussion of staff’s update proposal was expected at an afternoon public “study session” followed by action at the regular evening meeting.

Largely rejecting staff’s recommendations, the Council instead leaned toward a slower and more deliberate evaluation of the current situation before launching into a major and costly update process.  That alternative approach might include creation of a “Blue Ribbon Committee” to consider the need for an update and explore options for conducting it, but no final decisions were made on November 14.  Staff’s initial suggestion for the alternate exploratory committee was for one consisting of 10 members:  a resident or business owner from each of the City’s seven Council districts, plus a member of a board or commission plus two Council members.

June 13, 2017: Funding for the update ($1 million in the first year, with at least another $1 million expected in later years) was allocated, without much discussion or direction, in the budget for the fiscal year beginning July 1, 2017.

May 18, 2017: At the Corona del Mar Residents Association‘s May 18, 2017, meeting, the City’s then Community Development Director, Kimberly Brandt, and then Deputy Director, Brenda Wisneski, gave a presentation entitled “Local Coastal Plan Amendments (Shoreline Properties) & future General Plan Update Project” (see the agenda). As part of the latter presentation, they distributed a flyer describing their vision of the GPU project. Although most of this has not yet been approved by the City Council, the flyer indicates staff sees the present calendar year being used to select an outside consultant and appoint an Advisory Committee. Work on actually revising the General Plan would begin in January 2018, with adoption expected in March or April 2020. Although funding for Year 1 was subsequently approved, Ms. Brandt retired on July 28, and Ms. Wisneski left to accept a job in another city at the end of September, which may delay the plans as new staff is put in place. As of late September, the new Community Development Director, Seimone Jurjis (former Deputy Director overseeing the Building Division), has indicated a Request for Proposals for consultants is being prepared, but will be submitted to the City Council for review and approval before actually being posted.

February 16, 2017:  Mayor Kevin Muldoon announced a General Plan Update as a major priority for the coming year in his speech at Speak Up Newport’s 36th annual Mayor’s Dinner (City video here).

February 14, 2017: City Manager Dave Kiff described a proposal for a General Plan Update in a PowerPoint slide presented at a Council study session regarding the upcoming budget.

News Coverage

Documents

  • Existing Newport Beach General Plan
  • City Manager’s February 2017 PowerPoint slide requesting $1 million budget allocation for first year of update (approved with overall budget in June)
  • May 2017 Community Development Department flyer describing City staff’s vision for possible update

Additional documents divulged in response to a September 2017 Public Records Act request:

Helpful Links

  • A set of City webpages regarding the General Plan Update has been posted and should be consulted for the City’s latest official news about the process.
  • Links to videos of comments on 2006 General Plan Update process
  • July 25, 2006 City Council meeting (where the Council voted to approve the GPU as Item 18 and put the Greenlight tables on the ballot as Item 21).
    • Allan Beek speaks at 2:17:50.
    • Dolores Otting supports Allan about the GPU circumventing Greenlight at 2:23:40
    • Larry Porter speaks about the City’s failure to address water and climate change starting at 2:26:50, saying with regard to the EIR, “don’t certify this false document” at 2:31.
    • Elaine Linhoff talks at 2:31:15 about moving housing from Banning Ranch, where it won’t happen, to Mariner’s Mile, where it will.
    • Sandy Genis comments on (with regard the EIR numbers) “that’s magic” at 2:36:55, about the “special qualities of Newport Beach” at 2:37:45, and “why change that?” at 2:38:30.
    • Jan Vandersloot notes his 4 years on GPAC at 2:38:45, that the measure being proposed is a “developer’s wish list” at 2:43:20, and recommends keeping the old plan at 2:43:20.
    • Nancy Gardner (chair of the Council-appointed GPAC) rebuts the other public speakers at 2:43:50, proclaiming the GPU is good because it will add “workforce housing” to the Airport Area.
    • Phil Arst starts at 2:45:40 and returns at 5:06:15 (for Item 21, where he accuses last minute changes to the ballot wording as changing it into a “marketing message” — which the opponents weren’t allowed in their Greenlight II).
    • At 2:47:20 he charges the ballot measure is a violation of the Charter because it claims it will given voter approval to all previous non-voter-approved amendments — but Charter Section 423 requires each amendment to be voted on separately. At 2:48:45 he attributes the purported “reductions” to comparing the projections to “phantom trips” that would never have happened under the existing plan.
  • June 13, 2006 City Council meeting.
    • Phil Arst speaks starting at 3:38:20 and ticks off a litany of problems with it. It assumes a 19th St bridge when there will be none (3:40:50), the measure would arbitrarily increase the allowable floor area ratio in CdM (possibly allowing the present mansionization?, 3:41:20), it adds sloped parts of a lot to the “buildable area” (even though it’s not buildable) thereby increasing the development allowed (3:42:50), it introduces new, out-of-character extremely dense housing categories for no apparent reason (3:43:15) and it is a fatally flawed EIR (3:44:10).
  • May 9, 2006 City Council meeting.
    • Jan Vandersloot comes to the podium at 3:23:30 to comment on Item 17, despite Mayor Don Webb giving him condescending looks.
    • Jan argues there is no way the proposal to add mixed use housing to the harbor side of Mariner’s Mile could decrease traffic, and their action to allow it will be completely contrary to what the residents of Newport Heights want.
    • At 3:23:30, Councilman Rosansky agrees with Jan, saying the GPU will make Newport Beach like the housing being added in Costa Mesa, and offers an amendment to remove the housing. He can’t get a second, but warns Webb his constituents will be mad.
    • Jan is allowed a rejoinder at 3:28:45, accusing the analysis of the GPU to be based on “sleight of hand,” and at 3:29:40 that if they do this, they “will have a fight.”

Koll Center Residences

Koll Center Residences . . . as of October, 2017

Latest News:  The Draft Environmental Impact Report has been released for public review (see “Recent Events,” below), with the due date for public comments extended to November 3, then again, to November 13.  The project and DEIR were expected be presented for public review by the Planning Commission at an October 19 “study session,” however that presentation has been cancelled. Instead, the developer has been given an opportunity to attempt to sell their project to the public on October 30 in the library Friends Room. At that presentation, City staff announced a Planning Commission study session on the project will be held January 18, 2017, with no date yet set for the hearing or hearings at which the Commission will be asked to make a recommendation to Council.

Project Overview:  This is a proposal to add 260 condominium residences in three 150 foot tall towers in what is now the surface parking lot of an office campus near the corner of Jamboree and Birch in the Airport Area.  See the city webpage for further details.

Why We Were Watching:  This project raises multiple issues about height, density, and compatibility with neighboring uses, including the viability of the current General Plan’s vision for adding residential uses to the Airport Area, and whether it is being properly implemented.  SPON feels the project is out of character with the office park environment in which it is being proposed, and that any further consideration of it should be deferred until the pending General Plan Update has been completed — hopefully providing a clearer and better thought out vision for the future of the Airport Area.

Upcoming:

November 13, 2017 @ 5:00 p.m.:  Due date for written comments regarding the accuracy and adequacy of the DEIR.  In the Final EIR, the City is required to provide written responses to comments submitted by this deadline.  Comments about deficiencies in the EIR can continue to be made up until the final project approval by the City Council.  However, there is no legal requirement for a formal response to comments submitted after November 13.

January 18, 2018 @ 6:30 p.m.:  The Newport Beach Planning Commission is expected to hold the public study session on the project, that had been scheduled and announced in the DEIR for October 19, 2017.

Recent Events:

October 31, 2017 As promised at the previous night’s developer presentation, the City amended its DEIR comment extension notice to indicate written comments on the adequacy of the DEIR will be accepted through November 10 (later corrected, in view of the City Hall being closed on that date, to the next business day, November 13).

October 30, 2017 At the City’s invitation the developer provided a roughly hour-long presentation about the project in the Friends Room at the Central Library, followed by questions and answers (but not comments) from the audience. SPON feels this City-invited sales pitch was a poor substitute for the more objective and on-record study session before the Planning Commission that had been previously announced (but cancelled without explanation) during the period the public is expected to comment on the Draft EIR. At this meeting, City staff announced the public comment period would be extended an additional seven days, to November 10, and that a Planning Commission study session on the project had been set for January 18, 2018. There was also an understanding that the developers PowerPoint would be made available on the City’s website.

October 18, 2017:  City announced extension of due date for written comments on the DEIR from October 27 to a new deadline of November 3 at 5:00 pm.  City also announced a “public forum” to be provided by the developer on October 30.  This is a substitute for the October 19 public study session before the Planning Commission which had been announced with release of the DEIR, but cancelled without explanation.

September 13, 2017:  The Draft EIR was released for public review. Comments submitted by October 27 will receive a written response in the Final EIR.  The public can continue to comment on the EIR until such time as it is certified, but the City is not required to provide a formal response to comments made after October 27.  Further details are available in the City’s announcement.

January 18, 2017: A scoping meeting for the project’s Environmental Impact Report was held  with comments due by February 2.

News Coverage

Helpful Links

 

Museum House Update

Petition successful — Council repeals approvals — Court challenge pending

Latest news:  LITS’ appeals trial courts denial of motion to dismiss OCMA litigation

In a ruling filed on May 26, 2017, the Honorable Geoffrey Glass, the judge handling the OCMA litigation, denied LITS’ request to have OCMA’s legal challenges to the referendum petition dismissed as a “SLAPP” suit.

Judge Glass felt that LITS was not the proper party to be bringing an anti-SLAPP motion, but even if they had been, he thought compliance with the technical procedural requirements of the Elections Code (which OCMA alleges were violated by the format of the petition) was a “content neutral” issue, and not a constitutionally protected activity against which an anti-SLAPP motion could be brought.

LITS has appealed Judge Glass’ ruling. That puts the entire litigation on hold until the appeal is heard and ruled upon, which is likely to take many months.  OCMA is contesting the appeal.

May 22 @ 1:30 pm Museum House Trial — Hearing on LITS anti-SLAPP motion
Main County Central Justice Center Courthouse in Santa Ana, Courtroom C32 (ninth floor)

As explained below, the Orange County Museum of Art has brought a suit against the City and its residents seeking to invalidate the Museum House referendum petition, and all the Council’s actions based on it, citing alleged technical violations in the petition’s form and content.

On his May 22 afternoon docket, the Honorable Geoffrey Glass, the judge in the case, heard an “anti-SLAPP” motion brought by the Line In The Sand PAC seeking to dismiss OCMA’s filings as a meritless “strategic lawsuit against public participation.” Barring appeal, success in this would end OCMA’s case and end all doubts about the validity of the Council’s repeal of the Museum House approvals. Public attendance is welcome and encouraged.

The purpose of anti-SLAPP motions is to prevent vengeful suits, brought without any legal chance of success, to punish persons exercising their constitutionally-protected rights of free speech and petition. SPON and LITS feel strongly that OCMA has no chance, in the end, of convincing the judge that the alleged minor technical deficiencies in the petition were enough to justify his invalidating the petition.  However, the success of the anti-SLAPP motion hinges on two highly technical questions raised by OCMA:  (1) whether LITS is the proper entity to be bringing the motion, and (2) whether challenges to technical deficiencies of petitions are subject to anti-SLAPP motions (there being one previous case suggesting they are not, and another suggesting they are).

If the anti-SLAPP motion fails, the litigation will continue, with a hearing at some future date to determine the merits of whether the technical deficiencies of the petition were sufficient to justify its invalidation.

In the unlikely event that the petition is invalidated as a result of that later trial, a separate case remains pending.  That case contends that the City Charter’s “Greenlight” provision separately requires the Council’s approval of the General Plan Amendment making the Museum House possible, if left standing, to be submitted to the voters before it can become effective — essentially reviving the referendum, but without the need for a petition.

The Orange County Superior Court case number for the present case, “Orange County Museum of Art vs. City Council of Newport Beach,” is 30-2017-00896448-CU-PT-CJC.

The Central Justice Center is the high-rise courthouse building at 700 Civic Center Drive West, Santa Ana.

Other recent news:

On January 25, 2017, the Newport Beach City Clerk received word from the Orange County Registrar of Voters that enough signatures had been validated on the Museum House referendum petition to qualify it for action by the City Council.  In fact, based on the sample tested by the Registrar, it appears that in less than two weeks the circulators obtained more than twice the required number – representing nearly a quarter of all registered voters in Newport Beach.  This is particularly remarkable in view of the campaign of deception and intimidation waged by the developer against the petition.

The certification result was presented to the City Council as Item 21 at their February 14, 2017, meeting.

As Item 15 on their February 28 agenda, the Council voted 5:2 to begin the process of repealing all their previous Museum House approvals, with the exception of the certification of the EIR, by introducing a proposed ordinance.   This is a less costly option legally available to the Council — chosen, presumably, because the result of holding an actual election seemed to them a foregone conclusion.

The actual adoption of the repeal ordinance was completed with a second reading as Item 5 on the Council’s March 14 “consent calendar.”  The repeals will become effective 30 days thereafter.

This is with an understanding that OCMA is contesting the validity of the petition in the Orange County Superior Court.  On March 8, the court denied OCMA’s request for an order preventing the Council from taking further action on the petition.  Unless the court ultimately finds the petition invalid, the repeals will stand and state election law will bar the Council, for the following year, from considering a General Plan amendment for the OCMA property similar to the defeated Museum Tower proposal.

For further details on the status of the Museum House referendum please visit the LITS website at LineInTheSandPAC.com.


Project Overview: The Museum House is a proposal for a 25-story, 295 foot tall, 100-unit luxury condo tower to replace the one story Orange County Museum of Art in Newport Center.

Why We’re Watching: We feel the project would, in fact, violate both the letter and spirit of Greenlight and are making a case for it to be put to a vote. You can watch the video recording of the April 7 study session which is included in SPON’s Video Library.

The Greenlight issue revolves around 79 residential units (out of the 100 allowed without a vote).  An earlier City Council, without processing a General Plan amendment, already allowed units above and beyond the voter-approved General Plan limit for Newport Center.

However, City staff and the current City Council refuse to accept this, forcing residents to reclaim their right to vote by circulating petitions for a referendum on the Council’s approval.

Project history:

The Notice of Preparation (NOP) was issued in March.  The NOP identifies issues that should be addressed in the Environmental Impact Report (EIR).  SPON submitted comments on the NOP, which you can read here.

A standing-room-only crowd attended an April 7, 2016, Planning Commission Study Session on this proposal. The applicants were present, but spent most of their time explaining why the project is consistent with a plan presented for Fashion Island in the 1960s and does not require a Greenlight vote.  Read an extract of Public Comments here.

The City Council requested an April 26, 2016, discussion (Agenda Item #14) of the competing applications for new residential development in Newport Center (Museum House and 150 Newport Center).  At it, City staff skirted  the Greenlight issue, insisting it doesn’t exist.

The Draft EIR was released for a 45-day public review period beginning August 17 and ending September 30, 2016.  See announcement here.

The developer made a presentation at the August 20 meeting of Speak Up Newport (SUN).  The SUN meeting video is available on the city’s website as “Residents Speak Up About Museum House”.

During that time, the Planning Commission held a second study session on September 1, 2016, which can be reviewed on the SPON video channel.  At the study session proponents outnumbered opponents.  It might be noted that the proponents see this primarily as a fund-raising opportunity for OCMA, which hopes to build a new museum in Costa Mesa using the profits from the rezoning. Fund-raising, however well intentioned, is not necessarily good planning.

The Planning Commission ultimately disposed of the application in a single hearing on October 20, recommending approval without any modifications, and the the City Council did the same on November 29, with only Council member Tony Petros dissenting.  Technically, only the General Plan land use change from “Private Institutional” to “Multiple Residential — 100 units” and the Environmental Impact Report were given final approval on November 29, with the remaining items approved on the Consent Calendar at the Council’s largely ceremonial December 13 meeting (prior to the three newly-elected Council members taking their seats).

Immediately following the November 29 vote, Line in the Sand, an independent Political Action Committee that supports many of SPON’s objectives, prepared to circulated a referendum petition demanding the Council’s decision be revisited in a citywide public vote.  The start of signature gathering was delayed by burdensome conditions gratuitously placed on the petition by the Council, and the actual gathering was vigorously obstructed by the developer.  Despite those obstacles, more than twice the required number of signatures was collected in less than two weeks, as detailed above and below.

The City Council is expected to receive notice of the adequacy of the petition on February 14, at which meeting they will have to choose between repealing their November 29 approval or placing it on a future ballot for the public to decide.

Next Steps: 

There’s no question that most residents have had ENOUGH.  Wouldn’t it be nice if developers stopped wasting their time (and ours) proposing projects that are totally outsized and detrimental to the neighborhoods that surround them? We’re not there yet, and it will be a challenge – but “Our Town” is worth the effort it is taking to get there.

SPON and the Line in the Sand Political Action Committee continue to follow the process closely.  Please visit the LITS website for further details and a complete timeline of the referendum process.


Press Coverage:   Your letters and newspaper articles continue to appear in both the Daily Pilot and the Newport Beach Independent.  Here’s a slightly out-of-date sampling in case you missed them.  For links to more recent coverage, visit the LITS website.

Opponents of Museum House condo tower vow referendum effort to overturn Newport council’s OK  … Daily Pilot November 30, 2016
Residents Speak Up About Museum House . . . Newport Beach Independent August 12, 2016
Letter Exchange . . . Newport Beach Indy April 8, 2016
Museum House Needs a Greenlight Vote . . . Newport Beach Indy March 26 2016 
Condo Tower at Odds with Residents . . . Newport Beach Indy March 26, 2016
When in Drought . . . Newport Beach Indy March 26, 2016

and also
Museum’s Future Hinges on Condo Tower . . . Newport Beach Indy April 15, 2016
Conflict of Interest . . . Newport Beach Indy April 10, 2016
A Race to Avoid Public Vote . . . Daily Pilot April 10, 2016

Keep the dialog open in the press.  Continue sending your letters to editors and let them know we continue to oppose projects such as the Museum House which require General Plan Amendments and violate the character of “Our Town.”  Be sure to include your name, city of residence and phone number (not for publication; for editors to check with you if questions)


Past Update History Below

Museum Tower Petition Drive Succeeds a Week Ahead of Schedule – Signatures Being Counted!

Our understanding is that the Line in the Sand political action committee, through an extraordinary team effort by principals, volunteers and supporters, was able, in less than two weeks, to obtain nearly twice the number of signatures needed for a successful referendum.  Having determined their goal had been far exceeded, LITS decided to submit the completed Museum Tower Referendum petition books (constituting nearly two tons of paper!) to the City’s Elections Official (the City Clerk) this morning, December 21 — a full week earlier than legally required.

It is now up to the City to verify that the requisite number of signatures was indeed obtained.  They have about six weeks for that, after which the City Council will be required to either withdraw their approval of the land use change, or put it to a citywide public vote.

For further details, photos and video of the petition delivery, and still more information about what’s next for the Museum House — all soon to be posted — visit the LITS website at LineInTheSandPAC.com.

Although IRS constraints prevented SPON for participating directly in the later phases of the petition effort, SPON commends this remarkable outpouring of volunteerism, and this exceptional demonstration of the tremendous interest the public in general has in the quality of life in Newport Beach.

Congratulations to all!


December 21, 2016 . . . referendum petitions submitted for approval

Important update: the start of signature gathering for the Museum House Tower referendum was delayed by a City Council action on November 29 adding thousands of pages of documentation to the paper petitions on which the signatures have to be affixed to legally request a citywide vote on the Council’s controversial decision– thereby significantly shortening the already very short time in which signatures have to be collected. Meanwhile forces aligned with developer have been engaging in a number of questionable practices intended to confuse and distract potential signers.  The true 10-pound paper petitions that need to be signed by the end of the year just began becoming available from the printer on Wednesday, December 7, and initial supplies are limited.

Please visit the Line in the Sand PAC website for the most current information on where and how to sign this important petition.  Every signature counts!

Latest update (Dec. 21):  Realizing it had reached nearly twice its signature gathering goal in less than two weeks, LITS submitted the completed petition books a full week ahead of the legal deadline.  It is now up to the City to certify the referendum.  Barring legal challenges, the City Council will then have to either repeal the General Plan land use change that made the Museum Tower possible, or put it to a citywide public vote.  Stay tuned…


Focus on the Goal!

Over this last weekend, the Museum House developer (Related California) and its affiliate (OCMA Urban Housing LLC) have employed a myriad of tactics to create confusion and false information about the referendum and signature-gathering process.

For those of you who intend to support the Referendum, please remember this: We must all stay focused on the goal of collecting the required number of validated signatures to qualify the Referendum for a vote. Line in the Sand PAC has just three weeks to do this, and these opposition tactics divert our time and attention from our goal.

Our LITS volunteers and supporters are razor-focused on the goal of collecting 8,000 signatures for validation by the Registrar of Voters before the end of December. We ask that you stay focused too.

For more information about the Referendum, including dates, times and locations where you can go to sign the petitions, please visit LineInTheSandPAC.com .

SPON


Council approves “Museum House” Tower — referendum begins

Important update:  the start of signature gathering for the Museum House referendum has been delayed by a City Council action on November 29 adding thousands of pages of documentation to the paper petitions on which the signatures have to be affixed to legally request a citywide vote on the Council’s controversial decision– thereby significantly shortening the already very short time in which signatures have to be collected.  Meanwhile forces aligned with developer have been engaging in a number of questionable practices intended to confuse and distract potential signers. Please be patient.  The true paper petitions that need to be signed by the end of the year are expected to begin becoming available from the printer on Wednesday, December 7.  However, initial supplies may be limited.

Many thanks to all who signed the previous joint SPON/LITS online petition opposing Related Companies’ proposal for the Museum House Tower, a 100 unit, 25-story, 295 foot tall high density condo tower that would replace the current low-rise Orange County Museum of Art galleries at 850 San Clemente Drive in the northwestern part of the Newport Center / Fashion Island area.  A recap of the petition results and comments as presented to the City Council at their special November 29th meeting can be viewed on the City’s website here.

Despite that outstanding effort, the City Council voted 6 to 1 (with Councilman Tony Petros opposed) to change the land use designation of the OCMA parcel from “Private Institutional” to “Multi-unit Residential – 100 units,” as well as a number of other actions allowing use of that new designation to begin construction of the “Museum House” Tower, contingent upon final approval at the Council’s December 13th meeting.

Pursuant to the terms of the Greenlight section of the City Charter, and coming on top of other recent additions to Newport Center, SPON firmly believes this November 29th change to the General Plan should have automatically gone to a citywide vote.  However, the City Council disagrees, forcing residents to reclaim their right to vote by referendum.  That arduous process requires residents to obtain the signatures of roughly 5,600 Newport Beach registered voters on legally correct paper petitions within the next 30 days.

SPON and the Line in the Sand Political Action Committee are in the process of initiating just such a referendum; and it is important to understand these are completely different from any paper or online petitions you may have signed before (as in the recap, above).  If successful, the new petitions will force the Council to either repeal their approval of the land use change, or put it on hold until the voters can affirm or reject the approval at a future election.

To make this a success, everyone will have to help.  Further information on what you can do will follow soon.  But please visit LineInTheSandPAC.com for the most accurate and up-to-date details.

Thank you all again…  the battle has begun!


Project Update – March 18, 2016

Scoping Session Public Meeting Overview: The Museum House project brought a standing room only crowd to the Newport Beach Civic Center Community Room meeting on February 22.  The meeting was a scoping session to elicit comments about what should be studied in the Environmental Impact Report (EIR) for a 100-unit residential tower in Newport Center.  Residents from all parts of the City shared their concerns about this plan to build a 26-story Miami-style condo tower right in the middle of Newport Center.  It is projected to be 315 feet high, replacing the one-story OC Museum of Art which is moving to Costa Mesa.  It would be directly behind the sprawling apartment complex The Irvine Company is building at the corner of San Joaquin Hills and Jamboree Roads (made possible with the approval of the 2006 General Plan Update but kept under the radar until after the Measure Y vote).

Interestingly, the applicants did not introduce themselves, and only provided vague renderings of what the ground floors of the tower might look like.

Comments by participants covered a wide range of issues, from water/energy and public services to aesthetics including views and skylines, noise pollution, traffic and precedent-setting for increasing density and heights.  There were interesting points about unlivable parking situations with existing apartment/condo complexes in Newport Beach and of the possible dangers a tower that size could face from earthquakes and stray JWA departures.

Our Next Steps: The public comment period for the Notice of Preparation (NOP) closed on March 7, 2016.  SPON submitted comments on the NOP, which you can read here.  The NOP identifies issues that should be addressed in the Environmental Impact Report (EIR) . . . which will have a public comment period as well.  It is important to ensure that the EIR is inclusive of all issues, which is why the NOP is so important.    We encourage everyone to share their concerns about the impact this project would have on our community.

Once the EIR is ready, the public will have 45 days to comment on it. So please check back here starting early Spring.

April 7 Planning Commission Meeting:  At this time, a preliminary review of the Museum House Project, along with a holistic review of Newport Center development proposals,  is being planned for the April 7 Planning Commission Meeting at 6:30 pm in the Civic Center Council Chambers.  Let’s make this another Standing Room Only community meeting.  Watch our website for more details as we get closer to this date.  Review the Initial Study here.

Press Coverage:   Letters and newspaper articles have appeared in both the Daily Pilot and the Newport Beach Independent.  Here’s a recent sampling in case you missed them.

Harbor Pointe Senior Living

Harbor Pointe Senior Living  . . .  as of February, 2017

Project Overview:  This is a proposal to build a 4-story, 121-bed convalescent and congregate care facility at the current site of the Kitayama Restaurant on South Bristol.

Why We Were Watching:  Under the city’s General Plan, a project of this sort is not allowed at  the requested location, and hence its approval requires a General Plan amendment.  Such changes to the voter-approved land use designations are always of concern, and in this case neighbors have expressed worries about the building’s compatibility with neighboring residential uses.

Recent Events:

A scoping meeting for the project’s Environmental Impact Report was held on August 15, 2016, with comments due by August 22.  The EIR is presumably being prepared.

Prior to release of the EIR, the Planning Commission heard about and discussed the proposal, without action, as Item 4 on its February 23, 2017, agenda.  The “study session” was well attended by Bayview and Santa Ana Heights neighbors, most quite critical of the project as currently proposed.  See the City video.

News Coverage

Helpful Links

 

Newport Beach Tennis Club

Newport Beach Tennis Club . . . as of April 2017

Project Overview:  The Newport Beach Tennis Club (and swim facility) occupies 7.6 acres at 2601 Eastbluff Drive, adjacent to Ralphs in the Eastbluff Village Center.  Neighbors have heard rumors that the land owner has been approached by a developer interested in purchasing the property and turning it into residential condominiums

Why We Were Watching:  The rumored development is inconsistent with the property’s existing General Plan designation for Parks and Recreation use.  The current owner or potential buyer would therefore need to make a request to change that designation, and the City has no obligation to comply.  SPON views such requests to change the General Plan with great skepticism.

Recent Events:

  • February 14, 2017:  “Mayor Muldoon requested future agenda items on the zoning and future use of the Newport Beach Tennis Club and the roundabout at Bayside Drive” (see City Council Minutes, Item XII).
  • February 28, 2017: Council unanimously approves request for staff to prepare future agenda item providing a “Summary of the Existing General Plan Designation and Zoning for the Newport Beach Tennis Club” (see City Council Minutes, Item XIII).
  • April 11, 2017:  Although it was not on the agenda, under “City Council Announcements” at the April 11 meeting (Item XII), “Mayor Muldoon presented a proclamation to the Newport Beach Tennis Club commending its service to the community.”  Earlier that day, City Manager Dave Kiff sent the following message by email to those seeking information about the development proposal:

Dear Neighbors –

Via an email sent in late January 2017, I promised to keep you updated on activities regarding the Newport Beach Tennis Club.  Recently, an interested buyer of the underlying land and the property owner approached the City at a staff level (our planning staff) to determine what would be required to accommodate residential uses at the site.  Staff told them, as I told you previously, about the requirement for a change in the General Plan (via an Amendment) and the underlying zoning.

Changes in the General Plan are discretionary actions by the City Council – in other words, the Council can say yes or no to them.  In some cases, if enough residential is added or peak hour trips are added, a vote of the Newport Beach electorate is also required following any Council approval of a General Plan Amendment (GPA).

Please know that we have not been notified by either the property owner or the interested buyer of their intent to begin processing a GPA and other related zoning actions.  Should an application be filed, I will let you know as well as provide information regarding the proposed review schedule and at what time you may comment on the proposed project.  The process will include public review and comment opportunities on any draft environmental document, as well as public hearings before both the Planning Commission and City Council.

One additional FYI.  At tonight’s Council meeting, Mayor Kevin Muldoon (also the District #4 representative) intends to give the Tennis Club a proclamation for its service to the community.  No other action is planned for tonight’s meeting.

Sincerely,

Dave Kiff
City Manager
City of Newport Beach
949-644-3001

  • To date (April 22, 2017), SPON does not believe any formal application for land use change has been submitted to the CIty.  The requested discussion of the zoning status of the property was at one time listed as a tentative Study Session item for the Council’s May 9 meeting, but it is not known if that is still planned.

News Coverage

  • none so far

Helpful Links

  • City’s case log of recent planning applications (not always accurate or up to date)

 

150 Newport Center

150 Newport Center . . . as of September 27, 2016
(formerly known as Newport Center Villas;  aka the Fashion Island car wash project)
.

Note: At least for the moment, this project is history: the application for it was WITHDRAWN moments before its planned hearing by the City Council on September 27.  One of the major financial investors is now suing the developers for fraud.

Project Overview: The 150 Newport Center Planned Community Development Plan (PCDP) as originally proposed was to be composed of 49 condominium homes totaling 163,260 square feet, in a seven-story, 75.5 foot high building. The unit mix was to include ten residential townhomes, 35 residential flats on Levels 3 through 6 and four penthouses on Level 7.  It was later reduced to a proposal for 35 units in 5 stories, and rather than regarding 150 Newport Center as a “planned community” of its own, it would be incorporated into the existing North Newport Center Planned Community District and be subject to its rules (although new rules would be invented for this parcel).

Why We Were Watching:  This project would have replace the one-story 8,500 square foot Beacon Bay Car Wash directly across from Muldoon’s in Fashion Island.  The structure height significantly deviates from the standard established for that area of Fashion Island.  And, the project introduces residents into a primarily commercial/retail neighborhood, which includes late-night operations which generate business-related noise and congestion.

Recent Events:
On June 23, 2016, while the Environmental Impact Report was available for public review, the Planning Commission held a preliminary Study Session on the project, at which many criticisms were voiced, both by the Commissioners and the public, which focused primarily on its lack of compatibility with the area.  (View SPON’s June 23 Planning Commission video here.)

On July 21, 2016, a slightly scaled down project began a three part hearing process before the Planning Commission, which was tasked with making a recommendation to the City Council.  The applicants offered a scaled down proposal for 45 units in a six-story, 65.5 foot tall building with fewer shared amenities.  City staff recommended the same number of units in a five-story, 55 foot tall building (in all cases, an extra 4 to 8 feet is allowed for rooftop appurtenances, such as elevator towers).

At that first formal hearing, the Commission expressed so much concern about the required planning amendments (view SPON’s July 21 Planning Commission video here) that the expected second hearing on August 4 was rescheduled to August 18 to give staff time to consider changes.

On August 18, the matter was heard starting rather late in the evening and the discussion was halted by a mandatory 11:30 pm adjournment time. The Commission primarily decided to ask staff to bring back a proposal in which, rather than creating a new “planned community” of its own, the 150 Newport Center parcel will be added to, and be governed by the same development standards as the existing planned community governing The Irvine Company’s commercial buildings in the interior of Block 100.

The discussion continued on September 1, at which meeting the Commission considered the EIR, the comments on the EIR, and details of the project and the development agreement (providing cash payments to the City as a “public benefit” to mitigate the impact and guarantee a right to the new development).  The hearing ended, at City staff’s instruction, in a “recommendation of denial” to the City Council (even though City policies are clear that a denial by the Planning Commission is supposed to go the Council only in the event of an appeal)

On September 26, the 150 Newport Center applicants asked for a continuance of the  Council hearing — purportedly so they could have more time to privately discuss their project with the Council members.  But on September 27, barely an hour before the hearing on the Planning Commission’s recommendation of denial was to start, it was announced they had withdrawn their application entirely.  According to City planning staff, this means they would have to start completely over again, with an entirely new application.

SPON and its supporters were very well represented, both with written comments and with speakers at the Planning Commission hearings.  We need to keep up this momentum to stop other proposed projects with a similar potential to negatively impact the character of Our Town!

Petition Recap

  • Our petition against the 150 Newport Center project closed with over 1,600 signatures gathered!
  • See recap here.

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Election Forums

It is up to us to elect City Council members who will represent residents.

Vote responsibly.  Vote informed.
2016 Election Forum Schedule

Event/Host Location           When
West Newport Beach Association
Candidate Forum

Email George Schroeder
949-400-7597
Marina Park
1600 W. Balboa Blvd.
Newport Beach
August 31 @
6 p.m. – 8 p.m.
Friends of OASIS – Candidate Forum
Contact Evelyn Hart
949-645-9127
OASIS Senior Center
801 Narcissus
Corona del Mar
September 2 @
11 a.m. – 12 p.m.
Balboa Island Improvement Association, 
Little Balboa Island Property Owners’
Association and the Balboa Island Business DistrictCandidate Forum
Contact Ken Yonkers
949-683-7805
Fire Station 4
124 Marine Avenue
Balboa Island
September 10 @
9:00 a.m
Speak Up Newport Candidate Forum
Contact  Joe Stapleton
949-224-2266
Community Room
100 Civic Center Drive
Newport Beach
September 14 @
5:30p.m.-7:30p.m.
Women’s Democratic Club Candidate Forum
Email Rima Nashashibi
949-423-6468
OASIS Senior Center
Room 2AB
801 Narcissus
Corona del Mar
September 15 @
5:30 p.m.
WiNN (Women in Newport Networking)
Open House/Meet the Candidates for
Newport Beach City Council
Email Debbie Allen
Community Room
100 Civic Center Drive
Newport Beach
September 22 @
5:30 p.m. – 7:00 p.m.
Corona del Mar Residents Association
Political Forum
Email Laura Curran, President
949-478-2454
OASIS Senior Center
801 Narcissus
Corona del Mar
September 28 @
5:00 p.m. – 7:30 p.m.
Central Newport Beach Community Association
Candidate Forum
Contact Grace Dove
949-675-1573
Marina Park
1600 W. Balboa Boulevard
Newport Beach
October 5, 2016
7:00 p.m.