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HomeMy WebLinkAbout05/07/1973 - Regular MeetingROLL Cf u Pres Motic Ayes Motic 0s • COUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: May 7, 1973 Mayor McInnis presented a proclamation declaring the week of May 13 -19, 1973 as National Girls Club Week to Janna Peterson and Joanne Basabe, members of the Harbor Area Girls Club. Mayor McInnis presented a proclamation declaring the week of May 6 -12, 1973 as Newport Beach City Arts Festival Week to Ladislaw Reday, Chairman of the New- port Beach City Arts Committee. Roll Call. INDEX Resolution No. 7973, a resolution of the City Council of Philip the City of Newport Beach commending Philip F. Betten- Betten- court, Assistant City Manager, for his outstanding court accomplishments and dedicated service, was adopted. Commen- dation Mayor McInnis presented Resolution No. 7973 to Assistant R -7973 City Manager Philip Bettencourt. The reading of the Minutes of the Regular Meeting of April 23, 1973 was waived, said Minutes were approved, as amended, and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing regarding Revised Use Permit 1591 (Edgewater Condominiums) to permit a 33 -unit condominium development in a C -1 District, located at 600 East Edgewater Avenue between Palm Street and Washing- ton Street, and on the east side of Palm Street between East Balboa Boulevard and East Bay Avenue; and consideration of the Final Map of Tract 7796. A letter was presented from Emily and Ray Ogden stating the Fun Zone property should remain as is until a commercial use can be established. Letters were received after the agenda was printed from Mrs. Kenneth C. Fetty and Mr, and Mrs. Forrest Hart opposing the proposed Fun Zone pro- perty condominiums. Letters addressed to Mayor Pro Tem Rogers in favor of the condominium project from Margaret and Dick Plavas, Herbert D. Tobin, Jack Toon, Hal Glass, Joan Schertzer and Goldie Joseph were presented. Volume 27 - Page 99 Tract 7796 Fun Zone ROLL CAL Motion Ayes Motion Ayes Motion Ayes Ision Ayes Noes • COUNCILMEN p�Flp3 n p N F3� Zo'"ao e Z"11AYM61:110 14 Mav 7. 1973 MINUTES INDEX John Konwiser, developer, addressed the Council and presented a letter from Homer Smith in favor of the project. x Mr. Konwiser was granted an additional ten minutes x x x x x x i x for his presentation. The following people spoke in opposition to the pro- posed condominium project: Elaine Linhoff, Mrs. Howard Mansur, Tom Hyans representing Central Newport Beach Community Association, Kae Ewing, Bill Campbell representing Balboa Peninsula Point Association, Douglas Lynn, Orville Schlueter and Louise Ewing. x Mr. Ewing was granted an additional two minutes for Ix x x xx x x his presentation. The following people spoke in favor of the project: George Perlin representing Balboa Improvement Association, Hazel Jones, Joan Schertzer, Goldie Joseph, Charles Cotton and Robert Watkins. x The hearing was closed. xxxxxxx x Revised Use Permit 1591 was approved, subject to x x x x the conditions listed below; and the Final Map of x x x Tract 7796 was approved, subject to the conditions originally recommended by the Planning Commission: That the structures be sound attenuated to achieve an average maximum interior noise of 60 DBA. That the types and locations of street trees be provided to the specifications of the Parks, Beaches and Recreation Department, and that the standard inspection fee of $3. 00 per tree be paid. That landscape plans, including watering facilities be approved by the Director of Community Development prior to issuance of a building permit. That trash areas be enclosed with walls and integrated into the building design, or all trash areas shall be enclosed within the building. The applicant shall obtain a demolition permit from the Department of Community Development prior to the commencement of demolition of any structure on the subject property. Plans, including proposals for the control of debris and protection of the bay, shall be submitted to and Volume 27 - Page 100 COUNCILMEN 9�t0 � ROLL CALL s v N N C y� pF • • r . • 05115MMLOY&I ffli11 I INDEX General Plan approved by the Director of Community Develop - ment prior to the issuance of demolition permits. That the developer shall be responsible for all precautionary actions necessary to protect the quality of the waters of the harbor during excavation and construction operations and shall prepare for approval of the Director of Com- munity Development, plans and specifications designed to protect the waters of the adjoining channel prior to the issuance of any building permits. There shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the jlandscaping, walls, walks and all physical features such as buildings, parking areas, and trash storage areas acceptable to the Director of Community Development and, in respect to legal enforceability, the City Attorney; limiting occupancy to adults only (sixteen and over); and stipulating that Lot 1 shall remain substantially a recreational open space area during the life of the development. That the development plans be substantially the same as submitted with only minor alterations. All of the foregoing conditions are to be prepared in final form with the approval of the Community Develop ment Director and the City Attorney. 2. Mayor McInnis opened the continued public hearings regarding the Residential Growth Element of the Newport Beach General Plan and Environmental Impact Report EIR /NB 73 -020 and regarding the Land Use Element of the Newport Beach General Plan and Environmental Impact Report EIR /NB 73 -031. Mayor Pro Tern Rogers stated that although he had not been present at the previous hearings on these Elements, he had listened to the taped proceedings, and he requested an opinion from the City Attorney as to his eligibility to participate in these hearings. City Attorney Dennis O'Neil stated that he was eligible to participate. A report was presented from the City Manager and the Community Development Director summarizing suggested modifications to the Residential Growth Element and the Land Use Element. Volume 27 - Page 101 INDEX General Plan COUNCILMEN Z 9 t O G ROLL CALL o v Pa a v� F MINUTES INDEX A letter from the Citizens Environmental Quality Control Advisory Committee regarding parking areas, a letter from the Friends of Newport Bay commending the open space zoning, a copy of a letter from the Corona Highlands Property Owners Association expressing support for the reacquisition of the City - owned open spaces on Newport Bay, rezoning existing areas in Corona del Mar from R -2 and R -1. 5 and expressing concern about new high- density projects, were presented. Letters were received after the agenda was printed from Harriet and James Gongwer approving the suggested downzoning, setbacks, open spaces and building areas; and from Mrs. A. L. Burdick against downzoning in Corona del Mar. The following letters were submitted at the Council meeting: Letter from Beeco, Ltd. suggesting the specific use alternatives in the Residential Growth Elements for the Banning property be eliminated until further studies are made, and the entire area should be a specific plan area; letter from The Bluffs Home Owners Association requesting that the density of the Bluffs be limited to the existing tract densities; • and a letter from Valerie Murley requesting that the property between 22nd Street and University Drive on the west side of the Upper Bay be designated as public open space. The following people participated in a discussion on both Elements of the General Plan: Judy Tracy, Jerry Hill .representing the Corona del Mar Civic Association, James Parker representing the Newport Harbor Chamber of Commerce, Max Lorimore representing the Bluffs Home Owners Association, Mrs. Howard Babb, Bill Banning III representing Beeco, Ltd., Larry Moore representing The Irvine Company, Valerie Murley, and Robert Martin representing Holstein Industries. Motion x Mr. Parker was granted an additional minute for his Ayes xxxxxxx presentation. Motion x Mr. Banning was granted an additional two minutes Ayes xxxxxxx for his presentation. Motion x Mr. Moore was granted an additional two minutes for Ayes xxxxxxx his presentation. Son x The hearing was closed. Ayes xxxxxxx It was unanimously agreed to consider individually the following suggested modifications, as summarized Volume 27 - Page 102 COUNCILMEN p(� iL p 3 C+ 00 N �p 3 F 1 O NA O ROLL CALL T P PN w �c pi^ CITY OF NEWPORT BEACH Mav 7. 1973 MINUTES INDEX in the staff report which is attached hereto for • reference; and to refer the modified Elements to the Planning Commission for comment. Motion x The Environmental Impact Reports for the Residential Ayes x'x x x x x x Growth Element and for the Land Use Element of the General Plan were conditionally accepted, with the understanding that a more in -depth review will occur when the General Plan in its entirety is reviewed. Motion x The suggested modification for the Banning property Ayes x x x x x x x was approved. Motion x The suggested modification for the Balboa Bay Club Ayes x x x x x x x site was approved as amended. Motion x The suggested modification for the Beacon Bay Area Ayes x x x x x x x was approved as amended. Motion x The suggested modification for the Marinapark was Ayes x x x x x x x approved. Motion x The suggested modification for the Castaways site Ayes xxxxxx was approved as amended. Noes x • Councilman Croul made a motion to approve the modification to the Newport Center site as suggested. Motion x Councilman Ryckoff made a substitute motion to con - Ayes x x x x x x x sider the Newport Center property in two parts and to consider lowering the maximum density on the Coast Highway parcel to less than fifteen dwelling units per gross acre, and to refer back to the Planning Com- mission for comment, which motion carried. Motion x The suggested modification for The Bluffs was ap- Ayes x x x x x x x proved. Motion. x The suggested modification for the Village concept Ayes xxxxxxx was approved as amended. Motion x The suggested modification for the Economic Analysis Ayes xxxxxxx was approved. Motion x The suggested modification for West Newport Harbor Ayes xxxxxx was approved as amended. Noes x The recommended modification to the Residential Lon x Growth Element for Balboa Peninsula was referred Ayes x x x xx back to the Planning Commission, without prejudice Noes x or direction for comment. Volume 27 - Page 103 COUNCILMEN \�\-N0 A ROLL CALL N N C �( F CITY OF NEWPORT BEACH Mav 7. 1973 MINUTES INDEX ion x The Land Use Element for the Balboa Peninsula Area s, x x x 'x was modified to include, "and Edgewater condo - Noes x x x miniums will be permitted a density of up to 21 dwelling units per acre. " Motion x The suggested modification for Old Corona del Mar Ayes xxxxxx was approved. Noes x Councilman Ryckoff stated for the record that "in approving the trend growth projection approach, I think we are stepping away from the intent of the General Plan and acting in contradiction to the General Plan policy. " Motion x The suggested modification for East Corona del Mar Ayes xxxxxx was approved. Noes I x Motion x The suggested modification for Upper Bay- Northwest Ayes xxxxxxx was approved as amended. Motion x The boundaries of Upper Bay were modified to include Ayes x x x x x x x the land exchange remnant. ti on x The West Newport Harbor Banning property was xxxxxxx modified to designate the entire area as a specific plan area. The Residential Zoning Policy for the Bluffs, East - bluff and Park Newport, limiting the maximum density of the vacant site north of the Newporter Inn to 15 Motion x dwelling units per gross acre; was referred back to Ayes x x x x xx the Planning Commission for comment regarding Abstain x decreasing the density to 8 units per acre. 3. Mayor McInnis opened the public hearing regarding North Fo: an amendment to the Planned Community Standards for North Ford to permit expansion of land uses and updating of development standards for a portion of Blocks 56 and 57, Irvine's Subdivision, located between Jamboree Road and MacArthur Boulevards and between Bison Avenue and the extension of Bonita Canyon Road, Planning Commission Amendment No. 326; and consideration of Environmental Impact Report EIR /NB 73 -026. A report from the Community Development Depart - ment was presented with North Ford Planned Com- munity District Regulations and Environmental Impact Evaluation EIR /NB 73 -026. Allan Beek addressed the Council opposing the re- zoning of the property to commercial. Volume 27 - Page 104, COUNCILMEN F0014 p0 O p0 \�PO f 3 '�F 2 O �A ROLL CALL T v P m CITY OF NEWPORT BEACH Mav 7_ 7971 MINUTES INDEX res Larry Moore, General Planning Administrator for • The Irvine Company, addressed the Council in behalf of the proposed amendment. Motion x Mr. Moore was granted an additional five minutes Ayes x x x x x x x for his presentation. Alan Tracy, representing Eastbluff Homeowners, addressed the Council opposing the rezoning. Motion x Mr. Tracy was granted an additional two minutes Ayes x x x x x x x for his presentation. Motion x The hearing was closed. Ayes x xxxxx Noes x Motion x Councilman Ryckoff made a motion to reopen the Ayes x x x hearing, which motion failed. Noes xxxx Motion x Councilman Ryckoff made a motion to reset the Ayes x x x matter for public hearing on May 29, which motion Noes x x x x failed. on x Resolution No. 7974, amending the Planned Com- R -7974 A es x x x x x munity Development Plan for the North Ford Planned Noes x x Community, was adopted. 4. Mayor McInnis opened the public hearing in connection Npt She with Ordinance No. 1497, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20. 65 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SPECIFIC PLAN (NEWPORT SHORES), " Planning Commission Amendment No. 371, estab- lishing Specific Plan #4 on properties north of West Coast Highway between West Coast Highway and Newport Shores Drive and between the Santa Ana River and the Semeniuk Slough. Bob Brockman addressed the Council and opposed changing the property at Walnut and Pacific Coast Highway from commercial to residential. John Shea, representing Newport Shores Community Association, addressed the Council in support of the • ordinance. Motion x Mr. Shea was granted an additional minute for his Ayes x x x x x x x presentation. Volume 27 - Page 10 5 res • Motion Ayes Absent CITY OF 7. 1 1 ANY ZO7 i 1.1 � EX4Ia Dana Smith addressed the Council in favor of the Specific Plan but opposed tandem parking. The hearing was closed. MINUTES Ordinance No. 1497 was referred back to the Planning Commission for revision to eliminate the concept of tandem and open carport parking, to ,review the Brockman property at Walnut and the Coast Highway and to review the remodeling clause, and to add a section on abatement of abandoned uses. Councilman Dostal stated that he would like the record to show that he voted "no" because of the elimination of tandem parking. 5. Mayor McInnis opened the public hearing in connection with Ordinance No. 1498, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 1, Planning Commission Amendment No. 355, rezoning Lot 8, Block 6, Seashore Tract, from a C -1 -H District to an R -1.5 District and establishing a ten - foot front yard setback, located at 211 Lugonia Street on the southwesterly corner of Lugonia Street and Newport Shores Drive in Newport Shores. Dana Smith, applicant, addressed the Council and asked that the matter be continued until the Specific Plan for Newport Shores is resolved Councilman Ryckoff left the Council table. The hearing was continued until final action has been taken on Ordinance No. 1497. 6. Mayor McInnis opened the public hearing in connection with Ordinance No. 1499, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING PORTIONS OF DISTRICTING MAPS NOS 22 AND 22 -A, Planning Commission Amendment No. 365, rezoning Parcel 1, R/S 15/30 from an R -1 District to an A -P Volume 27 - Page 1Q6 INDEX Dist Map 1 Dist Maps 22 & 22 -A COUNCILMEN \\-�, 0 ROLL CALL N N • Motion x Ayes xxxxx Motion x Ayes xxxxx Noes • Motion Ayes Absent CITY OF 7. 1 1 ANY ZO7 i 1.1 � EX4Ia Dana Smith addressed the Council in favor of the Specific Plan but opposed tandem parking. The hearing was closed. MINUTES Ordinance No. 1497 was referred back to the Planning Commission for revision to eliminate the concept of tandem and open carport parking, to ,review the Brockman property at Walnut and the Coast Highway and to review the remodeling clause, and to add a section on abatement of abandoned uses. Councilman Dostal stated that he would like the record to show that he voted "no" because of the elimination of tandem parking. 5. Mayor McInnis opened the public hearing in connection with Ordinance No. 1498, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 1, Planning Commission Amendment No. 355, rezoning Lot 8, Block 6, Seashore Tract, from a C -1 -H District to an R -1.5 District and establishing a ten - foot front yard setback, located at 211 Lugonia Street on the southwesterly corner of Lugonia Street and Newport Shores Drive in Newport Shores. Dana Smith, applicant, addressed the Council and asked that the matter be continued until the Specific Plan for Newport Shores is resolved Councilman Ryckoff left the Council table. The hearing was continued until final action has been taken on Ordinance No. 1497. 6. Mayor McInnis opened the public hearing in connection with Ordinance No. 1499, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING PORTIONS OF DISTRICTING MAPS NOS 22 AND 22 -A, Planning Commission Amendment No. 365, rezoning Parcel 1, R/S 15/30 from an R -1 District to an A -P Volume 27 - Page 1Q6 INDEX Dist Map 1 Dist Maps 22 & 22 -A COUNCILMEN 0 A ROLL CALL T v 3 o P Mot Aye Abs Mot Aye Abs is Aye Mot Aye Mot Aye CITY OF NEWPORT BEACH May 7, 1973 MINUTES INDEX e 3ment i ing al I District, located at 301 Newport Boulevard on the southwesterly corner of Hospital Road and Newport Boulevard (Hoag Memorial Hospital). A report dated April 23 was presented from the Community Development Department. No one desired to be heard. Lon x The hearing was closed. s xxxxxx ant x ion x Ordinance No. 1499 was adopted,. s xxxxxx ant x Councilman Ryckoff returned to the Council table. CONTINUED BUSINESS: 1. A letter was presented from the Balboa Island Bicycl Improvement Association regarding Bicycle Trails Trails Committee appointments. Cmte ion x The matter was referred to the Appointments Com- s xxxxxxx mittee. 2. A report was presented from the Public Works Asses Director regarding alley improvement on Balboa Dist 5 Peninsula (Assessment District 54).. ion x The matter was continued to May 29, 1973. s x x x x x x x 3. A report was presented from the City Manager UCI regarding the UCI Teaching Hospital. Teach Hospit A letter from the Central Orange County Taxpayers Association opposing the on- campus location and a resolution of the City of Huntington Beach supporting the UCI On- Campus Teaching Hospital were presented. A statement was received after the agenda was printed from Hoag Hospital supporting the concept of a teach- ing and research hospital on the Irvine Campus. ion x Resolution No. 7975, supporting the University of R -797 s xxxxxx California, Irvine, School of Medicine On- Campus i x Teaching Hospital, was adopted. Volume 27 - Page 107 I e 3ment i ing al I ROLL CALL • Motion Ayes Motion Ayes Motion Ayes Ai on Ayes COUNCILMEN CITY OF NEWPORT BEACH X x x xlxlxlx MINUTES May 7, 1973 4. A report from the Newport Beach Citizens Environ- mental Quality Control Advisory Committee recom- mending that the City Council pass a resolution regarding letters of support on AB 594, concerning non - returnable or throw -away beverage containers, was referred to the Pending 'Leg i slation Committee. CURRENT BUSINESS: 1. A report from the Public Works Director was pre- sented with a letter from the Bank of Newport requesting an encroachment permit for a directional traffic sign in the south parkway, on 16th Street west of Dover Drive. The encroachment permit was approved, subject to the condition that the sign be relocated at the bank's expense at the time 16th Street is widened. 2. A report was presented from the Community Develop - ment Department regarding request of M. J. Brock and Sons for a review of the Tentative Map and Con - ditions of Approval of Tract 7967 (Jasmine Creek), a subdivision of 84.7 acres located at the southwest corner of San Joaquin Hills Road and Marguerite Avenue, zoned P -C. Jack Harter, Vice President of M. J. Brock and Sons, addressed the Council. The requested revision to the Tentative Map and Conditions of Approval of Tract 7967 was approved. 3. A report was presented from the City Manager regarding Marinapark. A letter from Rutan & Tucker, Attorneys at Law representing Marinapark residents, requesting a transition period for the termination of the Marina - park leases, was presented. Herbert Williams, resident of Marinapark, briefly addressed the Council. Resolution No. 7976, expressing reaffirmation of the lease termination and expressing intention to permit a transition period for Newport Marinapark at the termination of the trailer space rental agreements, setting forth a time period of six months within which all Marinapark residents' signatures must be obtained on the matter or be brought back to Council, was adopted. Volume 27 - Page 108 INDEX Pollution Bank of Newport Jasmine Creek Marinapark R -7976 ROLL CALL • Motion Aye s Motion Ayes • 0 COUNCILMEN CITY OF NEWPORT x 7, 1973 BEACH MINUTES INDEX 4. . A report from the Chairman of the Water Quality Water Subcommittee of the Newport Beach Environmental Quality Control Citizens Advisory Committee regarding the Committee's study of the Newport Beach water supply and quality was referred to the Water Committee for study and recommendation. CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following ordinance was introduced and set for public hearing on May 29, 1973: Proposed Ordinance No. 1500, being, AN ORDINANCE Specific OF THE CITY OF NEWPORT BEACH ADDING CHAP- Plan TER 20.41 TO THE NEWPORT BEACH MUNICIPAL District CODE, ENTITLED "SPECIFIC PLAN DISTRICT, " 0 -1500 authorizing the preparation of "Specific Plans" and providing for their implementation. (A report from the Community Development Department was pre- sented.) 2. The following resolutions were adopted: Resolution No. 7977 designating an intersection at Stop Signs which vehicles are required to stop and directing the R -7977 Traffic Engineer to erect necessary stop signs; requiring vehicles on Lancaster Street to stop at 62nd Street. (A report from the Public Works Department was presented.) Resolution No. 7978 repealing Resolution No. 7697 Green Belt and abolishing the Santa Ana River - Santiago Creek Cmte Green Belt Plan Newport Beach Citizens Advisory R -7978 Committee. .Resolution No. 7979 authorizing the execution of a 16th St Grant of Easement to the Southern California Edison Reservoir Company to underground electrical facilities for the R -7979 pumping station at the 16th Street reservoir site. (A report from the Public Works Director was.pre- sented.) Resolution No. 7980 awarding a contract for the 1972- 1972 -73 73 Seal Coat Program to Ted R. Jenkins, Contract Seal Coat No. 1521. (A report from the Public Works Director Program was presented.) R -7980 Volume 27 - Page 109 i COUNCILMEN 90 �` O S Q s Za O a 7 RCI_I CAI I Nr CITY OF NEWPORT BEACH Ma.r 7 t Q71 MINUTES INDEX rete 2- :tion BI b 304 32 ort s ibrary Lees als Dr ral r Bay ;es Resolution No. 7981 awarding a contract for Miscel- laneous Concrete Reconstruction - Harbor Highlands, Misc Conc Westcliff and Baycrest Areas to R. W. McClellan & Reco Sons, Inc., Contract No. 1522. (A report from the stru Public Works Director was presented.) R -79 Resolution No. 7982 authorizing the execution of an Resu agreement with Rudy and Ivanelle Choy, subdividers, R -79 for the construction of improvements in Resubdivision No. 304. (A report from the Public Works Director was presented. ) 3. The following communications were referred as in- dicated: Referred to Community Development Department, a Newl letter from J. Ray Wiggle opposing proposed "Water Dune World" development. Referred to Newport Beach City Arts Committee, letter from Long Beach Regional Arts Council regarding their Art Festival. Referred to Council Appointments Committee, letter Bd L from West Newport Beach Improvement Association Trus • asking that a representative from West Newport be appointed to the Library Board of Trustees for the vacancy which occurs in June. Referred to staff for study and report back, letter from Charles W. and Doris B. Masters asking that Appe the appeal procedures for resubdivisions be revised to incorporate the same or similar requirements as are provided for variances. Referred to staff for reply, a letter from C. P. Avery Cliff opposing the sign on the Cliff Drive church. Sign Referred to staff for reply, a letter from Mrs. Dorothy M. Talbott asking for a bike rack on the beach at the end of 36th Street. Referred to Planning Commission for study and Or C( recommendation, letter from Orange County Planning Gene Director regarding Orange County General iPlan. Plan Referred to Transportation Plan, Citizens Advisory Uppe Committee, letter to Councilman Dostal from Dover Brid Shores Community Association and three letters from citizens opposing bridges over Upper Newport Bay. • I Volume 27 - Page 110' rete 2- :tion BI b 304 32 ort s ibrary Lees als Dr ral r Bay ;es NCILMEN CITY OF NEWPORT BEACH ROLL CALL. May 7, 1973 MINUTES INDEX Curb Cut/ Ocean Frr & "111 4. The following communications were referred to the • City Clerk for filing-and inclusion in the records: Letter from John A. Spencer regarding a steel brace protruding over the sidewalk near the southeast corner of Jasmine and Second in Corona del Mar. Letter from Mrs. Marion K. Wood urging preser- vation of Upper Newport Bay as a wildlife sanctuary. .Copy of a letter to the City Manager from Charles and DeeDee Masters commending Shirley Morgan of the Community Development Department for her ability. Letter from the West Newport Beach Improvement Association commending City staff, particularly Messrs. Hogan, Gunn and Cowan, for their role in the development of a general plan. Letter from Harold F. Collins thanking skip - loader operators identified only as Larry and Gary for their assistance in cleaning sand from his sidewalk. Letter from the West Newport Beach Improvement Association thanking Council and staff for the fine • job done with the reconstruction of the West Newport beaches. Letter from City of Orange inviting Council to a reception on April 29 honoring Orange's returned prisoner of war, Major David Luna. Letters from the Local Agency Formation Commission regarding hearings on May 9, 1973 in connection with the following proposed annexations: Proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 149, located easterly of Babb Street and southerly of Paularina Avenue. Proposed annexation to City of Costa Mesa designated Maschmeyer Annexation, located westerly of Del Mar Avenue between Santa Ana Avenue and Willo Lane. Proposed annexation to Costa Mesa Park and Recreation District designated Maschmeyer Annexation. Letter from Mr. and Mrs. Robert M. Ward requesting a curb cut at Ocean Front alley and "I" Street, with copy of reply from Public Works Director. Volume 27 - Page 1111 INDEX Curb Cut/ Ocean Frr & "111 COUNCILMEN ROLL CA • • • CITY OF NEWPORT BEACH 7, 1973 MINUTES A letter from City of Irvine stating that its Council had gone on record opposing any change in the present method of apportionment of sales and use tax under the Bradley -Burns Uniform Local Sales and Use Tax Law. Resolutions of cities of Buena Park, Anaheim and Westminster urging United States Congress to ap- propriate funds to complete the study of the Santa Ana River Basin flood hazard, and implement measures to alleviate the threat of flooding. Letter from the State Board of Equalization enclosing a new schedule of filing and processing fees. A letter from Dedication Ceremonies Committee, Completion California State Water Project inviting Council to the dedication ceremonies marking com- pletion of water project to be held in Riverside and at Perris Dam (southeast of Riverside) on May 17 and 18, 1973. Second Legislative Digest from League of California Cities. Letter from State Department of Water Resources enclosing copy of Bulletin No. 74 -1 "Cathodic Pro- tection Well Standards: State of California ". Agenda of Orange County Board of Supervisors meetings of April 24, 25, May 1 and 2, 1973. 5. The following claims were denied, and the City Clerk's referral to the insurance carrier was con- firmed: Claim of Edward Crawford for personal injuries allegedly received in connection with an incident which occurred at Hoag Hospital on or about March 4, 1973. Claim of Bryan Anthony Le Mar, a minor,for per- sonal injuries received on January 28, 1973 when he received an electric shock and fell from a utility pole in Buck Gully, allegedly due to negligence on the part of the City. Claim of Dr. M. D. Turbow for damage to his pro- perty at 5307 Seashore Drive in October or November, 1972, allegedly due to vibration from the heavy trucks working on the groin construction in West Newport. Volume 27 - Page 112 INDEX Sales & Use Tax Laws Flood Control Claims Crawford Le Mar Turbow COUNCILMEN ROLL CALL v N N y( m • r1 U CITY OF NEWPORT BEACH MINUTES ffkNFDT=R e 6. The following staff reports were received and ordered filed: A report dated April 27 from the City Attorney re- General garding General Plan and Rezoning State requirements. Plan A report dated April 30 from the City Attorney re- Rules of garding comparison of City Council and Planning Procedur Commission Rules of Procedure. 7. A joint public hearing before the City Council and the Or Co Planning Commission was set for 7:30 P.M. on Ping Dept May 21, 1973 to review the County Planning Depart- Growth ment's Growth Policy Report, "People, Policy and Policy Growth - -A New Direction? " Report 8. The work on Jamboree Road Median Paving, Islands Jamb Rd 5, 6 & 7, Contract No. 1495, was accepted, and the Median City Clerk was authorized to file a Notice of Com- Paving pletion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 9. The work for the Hospital Road - Westminster Avenue Hospital Water Main from Placentia Avenue to 15th Street and West - the Westminster Avenue Widening from North New- minster port Boulevard to 15th Street, Contract No. 1428, was accepted, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was pre- sented.) 10. The work on the Balboa Coves Odor Reduction System, West Npt Contract No. 1494, was accepted, and the City Clerk Gas Odor was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Com- pletion has been filed. (A report from the Public Works Director was presented.) 11. The plans and specifications for the Jamboree Road Jamb Rd Police Facility, C -1514, were approved; and the City Police Clerk was authorized to advertise for bids to be Facility opened at 2:00 P. M. on June 26, 1973; and the Building Excise Tax Fee of $7, 200 was waived. (A report from the Public Works Director was presented. ) 12.. The plans and specifications for the Spyglass Hill Spyglass Pump Station, Zone V, C -1488, were approved, and Hill Pum] the City Clerk was authorized to advertise for bids to Station be opened at 10 :00 A. M. on May 30, 1973. (A report from the Public Works Director was presented. ) Volume 27 - Page 11'3 e COUNCILMEN o pc+F�'2' n om 9 2 G1 i N P 0 1 1 r,AI I 0 9 p m C ➢C m CITY OF Mau 7 1 C171 NEWPORT BEACH MINUTES INDEX :oastal :one Tax 'ersonnel . -7983 Late fandated 'rograms -7984 fod 648/ illg ren 13. The following Budget Amendments were approved: BA -68, $601. 67 transfer of Budget Appropriations for the purchase of 7 2- drawer legal files from Travel and Meetings- Marine Safety to Office Equipment - Marine Safety, General Fund. BA -69, $348. 83 increase in Budget Appropriations and in Revenue Estimates for development of Via Antibes traffic median and Goldenrod footbridge improvement, Donations and Contributions received from the Women's Division of the Harbor Chamber of Commerce and the Lido Isle Community Association for Park & Recreation (Parks, Parkways, etc. )- Maintenance and Repair Materials, Special Depart - mental Supplies, Park and Recreation Fund. (A report from PB &R Director was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A memorandum from the Parks, Beaches and F Recreation Director to the City Manager regarding Motion x new recreation programs was referred back to the Ayes x x x x x x x City Manager for discussion during review of the . 1973 -74 Budget. Z. A resolution of the City of Half Moon Bay urging the State Legislature to enact legislation that will 2 equalize the tax burden within the Coastal Zone which Motion x is now being borne solely by the local taxpayers was Ayes x x x x x x x referred to the Pending Legislation Committee. ADDITIONAL BUSINESS: 1. Resolution No. 7983, expressing Council's opposition F Motion x to Public Employer - Employee relations legislation, F Ayes x x x x x x x was adopted. 2. Resolution No. 7984, opposing introduction of bills by S the State Legislature containing exemptions from r Motion x Senate Bill 90 reimbursement provisions, was F Ayes XXXXXXN adopted. p 3. Modification Application No. 648 of Carl C. Hillgren A requesting a Modification of the Zoning Ordinance to p permit the construction of a single family dwelling that encroaches to the front property line (where the Potion Districting Map indicates a 10 foot front yard setback) in the R -1 District, located at 3611 Ocean Boulevard, x was set for public hearing at 7:30 P. M. on May 29, Ayes xxxxxxx 1973. Volume 27 - Page 114 i INDEX :oastal :one Tax 'ersonnel . -7983 Late fandated 'rograms -7984 fod 648/ illg ren COUNCILMEN A P��`o� P NNE jO 3 m 2 0 O ROLL CALL s 9 %T r� Pm tion s Motion Ayes • E CITY OF NEWPORT BEACH MINUTES Mav 7_ 1973 INDEX Balboa Peninsula Bldg Moratori_un- Var 1030/ Wolfe Monterey Still x 4. A public hearing was set for 7:30 P.M., May 29, IIx x x x x x x 1973 to consider an eight- month's extension of Ordinance No. 1490, an emergency ordinance pro- hibiting the issuance of all building permits for all construction on the Balboa Peninsula except for permitted uses in the R -1 and R -1. 5 Districts and exempting the C -1 District. x 5. A public hearing was set for 7:30 P. M., May 29, x x x x x x x 1973 regarding Variance Application No. 1030 of Sterling H. Wolfe, Jr. to permit 'a structure to exceed the floor area ratio limitations in the R -2 District in order to provide driveway approaches to subterranean garages and to provide additional parking on property located at 6204 West Ocean Front, Newport Beach. 6. Richard Brown, attorney representing Monterey Still, requested an amendment to their off -site parking agreement to eliminate the daytime valet service. It was decided that the matter would be considered when the required parking places were in and marked. Mayor McInnis adjourned the meeting at 2:18 A.M., May 8 to 7:30 P. M. , May 21, 1973 for the purpose of holding a joint public hearing before the City Council and the Planning Commission on the Orange County Planning Department's Growth Policy Report, "People, Policy and Growth - -A New Direction? " Mayor ATTEST: City Clerc Volume 27 - Page 115. INDEX Balboa Peninsula Bldg Moratori_un- Var 1030/ Wolfe Monterey Still CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 8, 1973 • TO: COMMUNITY DEVELOPMENT DIRECTOR FROM: City Manager SUBJECT: SUMMARY OF MODIFICATIONS MADE BY THE C1TY COUNCIL TO THE RESIDENTIAL GROWTH ELEMENT (RGE) AND LAND USE ELEMENT (LUE) At the continued public hearing held Monday, May 7, 1973, the Council amended the proposed Residential Growth Element (RGE) and Land Use Element (LUE). The summation of the suggestions prompting the modifi- cations and the specific modifications to both the RGE and LUE are as follows: ENVIRONMENTAL IMPACT REPORT. By minute action, the Council moved conditional acceptance to the EIR of the RGE and the LUE, with the understanding that a more in -depth review will occur when the General Plan in its entirety is reviewed. BANNING PROPERTY. It was suggested that the RGE and LUE be more "generally" described pending further flood control studies, transportation studies, greenbelt studies, etc. Action: RGE. Statistical Area A -1 (Page 7): The second para- graph shall be replaced with the following: "This entire area has been designated as a 'specific plan' area and all proposals for residential or other uses shall be reviewed as a part of that specific plan." • Action: RGE. Statistical Area A -2 (Page 8 Subparagraph 2 shall be replaced with the following: '2 Residential develop- ment west of Superior Avenue shall be permitted in all areas except the M -1 district. However, the area included in the 'Specific Plan' area on the land use plan may include uses other than residential. Maximum density shall be 15 dwelling units per gross acre in the area south of the westerly extension of 16th Street to the present City boundary and a maximum density of 6 dwelling units per gross acre north of the extension of 16th Street." Action: LUE. West Newport Harbor (Page 9): The four paragraphs under the title est Newport Harbor shall be replaced by the following: "Beeco, Ltd. (Banning) Property: This area, north of 'Newport Shores' and extending easterly from the Santa Ana River is designated as a 'Specific Plan' area on the Land Use Plan. This will permit the development of an overall plan for the area after the completion of investigation of economic and physical feasibility of a small craft harbor in the lowlands area extending northward into Costa Mesa. Volume 27 - Page 115a "Such a harbor, if feasible, would provide full marina, marine service, and commercial recreational facilities. In addition, a public riding and hiking trail and parking area is proposed as part of the county -wide Santa Ana Greenbelt Project. The remainder of the land would be used for resi- dential development as discussed in the 'Residential Growth Development', modified, if and as necessary, to relate to the • overall harbor plan. "If the harbor is not feasible, alternate plans, including residential with associated commercial service facilities, should be considered. In any event, the property owners should have the responsibility for developing a plan for ap- proval by the City at the time any land use proposals are made. The development shall be consistent with the criteria set forth in the General Plan." E BALBOA BAY CLUB, BEACON BAY, MARINAPARK. It was suggested that these three City -owned pieces of property be designated to permit a number of options pending more detailed study. Action: RGE. a) Statistical Division H (Page 20) Subpara- rg aph 4 should be changed to read: No furt er residential development shall be oermitted in the remaining commercial districts in Division H, and any further residential develop- ment on the Balboa Bay Club site shall be permitted only in accordance with a specific area plan to be prepared by the Balboa Bay Club and approved by the City. Said plan is to be prepared within five years after the adoption date of the General Plan." b) Statistical Division G Fade 19 Suboaragraph 1 should be changed to read: "All of the residential district in Beacon Bay shall remain until a specific area plan is develop- ed and approved. Said plan is to be prepared within five years after the adoption date of the General Plan." c) Statistical Division D_(Pa a 13)__S 6 should be changed to read as follows: "The beach and the Newport Beach Elementary School may be rezoned to the OS — open space district; the City -owned property at Marinapark shall continue as a mobilehome park until such time as that use is phased out, at which time the property may be rezoned to the OS - open space district." Action: LUE. a Balboa Bay Club Site (Page 14) should be changed to rea . "It is proposed that in keeping with the uniqueness of this harbor front site, that the City study a multiplicity of uses. The exact nature of the uses will be determined by a specific area plan to be developed prior to the expiration of the current lease. Said plan is to be pre - pared�,within five years after the adoption date of the General Plan. Volume 27 - Page 115b Action: LUE (b) Beacon Bay Area (Page 13) should be changed to read: "It.is proposed that in keeping.with the unique- ness of this site that a multiplicity of uses be considered. The exact nature of the uses should be determined by a speci- fic area plan to be developed prior to the expiration of the current lease. Said plan is to be prepared within five years • after the adoption date of the General Plan." Action: LUE c Marinapark (Page 13) should be changed to read: " Marinapark shall continue as a mobilehome park until such time as that use is phased out, at which time the property may be rezoned to the OS - open space district." 4. CASTAWAYS SITE. It was suggested that the Castaways site density be increased from 8 d.u.'s per acre to 15 d.u.'s per acre, unless residential use is permitted in Newport Center. Action: RGE. Statistical Division J (Page 21) Subparagraph 1 was changed to read as follows: "Residential development in the southernmost vacant area (The Castaways Site) shall be limited to a maximum density of 8 dwelling units per gross acre unless adequate open space is provided under a specific area plan'.' 5. NEWPORT CENTER. It was suggested that three condominium towers be permitted in the commercially zoned Newport Center. Action: RGE. Statistical Division L (Page 24) Subparagraph 2 should be changed to read: "That additional residential de- velopment in Newport Center be permitted on the vacant area on Jamboree Road and the Coast Highway which backs up on the Country Club with a maximum density of 15 dwelling units per gross acre and that sites for residential development at a density not to exceed 35 dwelling units per'acre, subject to • the approval of the City, be permitted." The City Council requested comments from the Planning Commission on the feasibility of considering the vacant area on Jamboree Road and the Coast Highway in two parcels with the parcel on Coast Highway having less density than the 15 d.u.'s per gross acre. • 6. THE BLUFFS. It was suggested that the former high -rise sites ensa ity be increased from 5 d.u.'s per acre to 8 d.u.'s per acre. Action: RGE. Statistical Division K (Page 23) Subparagraph 2 should be changed to read: "Residential development in the two southernmost 'high -rise' sites in the Bluffs should be limited to a maximum density of 8 dwelling units per gross acre." 7. VILLAGE CONCEPT. It was suggested that the village concept of Newport Beach be encouraged and that the formation of municipal advisory groups and special assessment districts be encouraged. Action: LUE. Overall Cif Form (Page 2). The following should be added to the first paragraph: "The City shall encourage the Volume 2'7 - Page 115c n U • • formation of independent municipal advisory groups within each of the villages that go to make up the City and the City will cooperate with such village representatives for the im- provement of the environment and physical facilities within its villages." ECONOMIC ANALYSIS. It was suggested that no portion of the General Plan be adopted which would necessarily result in a budget deficit. Action: RGE. Introduction (Page 1). The following should be added to the only paragraph: 'By t e use of 10 year revenue and expenditure projections and by managing needed capital im- provements, the City shall assure a favorable budget posture." Action: LUE. Land Use Summary (Page 8). To conclude the second paragraph add: "By the use of 10 year revenue and ex- penditure projections and by managing needed capital improve- ments, the City shall assure a favorable budget posture." WEST NEWPORT. It was suggested that the reduction of multiple dwelling units by 27% and an increase of single family dwellings by 20% is inconsistent and that the trend growth projection be allowed. Action: RGE. Statistical Division B, Subparagraph 3 (Page 10 should be changed to read: "All R -2 and R -3 districts shall remain as currently zoned and the table for this statistical area reflect this density." 10. BALBOA PENINSULA. It was suggested that the recommended reduction by 45% in multiple dwellings and the 58% reduction in duplexes is excessive and that the trend growth projection be allowed. The City Council took no action on this suggestion, but requested comment from the PLanning Commission on the following: Statistical Division D (Pace 13 be deleted and following renumbering of the remaining para- graphs replaced by the following: "All residential zones currently in existence shall be maintained with the understand- ing that appropriate development standards will be developed. Where appropriate, commercial zones may be reclassified to a residential zone." Earlier on the agenda the Council took action to approve of the Edgewater condominium project. This necessitated the following change in the RGE. Action: RGE. General City -wide Zoning Policies (Page 4) Sub- paragraph 1. The following was added: "and Edgewater con- dominiums will be permitted a density of up to 21 dwelling units per acre." 11. OLD CORONA DEL MAR. It was suggested that the reduction of multiple family zoning was too severe and that the trend growth projections should be allowed. Volume 27 - Page 115d Action: RGE. Statistical Areas F -2 F -3 and 1-4 Page 17). T second paragraph shall be replaced with the he following: "All R -2 and R -3 districts shall remain with appropriate de- velopment standards to be prepared and the table for these statistical areas shall reflect this policy. The effect on traffic and parking is to be studied in greater depth and, • if necessary, remedies are to be reflected in the development standards." 12. EAST CORONA DEL MAR. It was suggested that the reduction in duplex zoning by 85% is too :severe and that the trend growth projection be allowed. Action: RGE. Statistical Areas F -5, F -6, F -7 and F -& Page 18 Subparagraphs 1 and 2 shall be replaced by the fol- lowing: "The R -2 districts in this area shall remain and no zone change shall be granted which would permit an in- tensification of development. The table shall reflect this policy." 13. UPPER BAY - NORTHWEST. It was proposed that the commercial con- venience center at the intersection of Tustin Avenue and University Park be eliminated. Action: LUE. Vacant site Northwest of Uaoer Bay (Pape 15). The second sentence shall be replaced by the following: "Such alternative development may be permitted only in ac- cordance with a specific area.plan with the residentially developed portions of the plan to be maintained at a maximum density of 6 dwelling units per gross acre as discussed in the Residential Growth Element." 14. THE BLUFFS - LAND TRADE REMNANT. It was suggested that the wording in the RGE and LUE was satisfactory, but that the map should be • modified to show the land trade remnant as part of the Upper Bay classification. The Council, by minute action, approved modifi- cation of the Upper Bay boundaries. 15. RGE. Residential Zoning Policy for Statistical Division K (Page 23) Subparagraph 1. The Council requested comment from the Planning Commission on the feasibility of permitting only 8 dwelling units per gross acre on the property north of the Newporter Inn. Pursuant to the requirements of State law, please have the Planning Commission comment on the above which would permit the City Council to take action adopting the RGE and the LUE. Volume 27 - Page 11, 5e ROBERT L. WYNN