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HomeMy WebLinkAbout10/24/1988 - Adjourned Regular MeetingCOUNCIL MEMBERS ti n � G Present Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH x x x x x x x x x MINUTES ADJOURNED /REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 6:00 P.M. DATE: October 24, 1988 Mayor Cox presented the following Proclamations regarding: White Cane: Safety Day World Food Day /Orange County Hunger Week United Nations Day Mayor Cox indicated that the presentation by the members of the "Just Say No" Club of Newport Elementary School would take place a little later on in the agenda, as some of the students had not yet arrived. A. ROLL CALL. B. Reading of Minutes of Meeting of October 10, 1988, was waived, approved as written, and ordered filed. C. Reading in. full of all ordinances and resolutions under consideration, was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the continued public U/P 32291AI hearing and City Council review of an Leland APPEAL BY LEI.AND H. WEST, Newport Beach, West from the unanimous denial by the (88) Planning Commission on September 8, 1988 of A. TRAFFIC STUDY NO Request to accept a revised traffic study so as to permit the establishment of a restaurant in conjunction with the approved auto dealership located on property within the "Retail Service Commercial" area of the Mariners' Mile Specific Plan which includes a request to override the requirements of the Traffic Phasing Ordinance; and the acceptance of an Environmental Document; 0 B. USE PERMIT NO. 3229 (AMENDED) Request to amend a previously approved use permit which permitted the construction of an automobile dealership which exceeded.the 26 foot basic height limit in the 26/35 Height Limitation District, on property located at 3000 West Coast Highway, in Mariners' Mile. The proposed amendment includes a request to permit the establishment of a Volume 42 - Page 420 Trf Stdy#49 0 • CITY OF NEWPORT BEACH COUNCIL MEMBERS \tt 9G��ZO Octobe r 24, 1988 restaurant facility with on -sale beer and wine in a portion of the auto dealership. MINUTES Recycled report from Planning Department, dated October 10, 1988, with appeal application from Leland West, was presented. Copy of letter to Planning Commission Chairman from Gail Demmer, President of Newport Heights Community Association, requesting denial of subject use permit, was presented. Assistant City Clerk advised that after the agenda was printed, a letter from Dr. Jan D. Vandersloot was received requesting, denial of Newport Imports to establish a Ruby's Restaurant in their building, based on the Traffic Phasing Ordinance. Ken Delino, Executive Assistant to the City Manager, summarized the project as a request to amend a use permit to enable a previously approved employees cafeteria area to be converted to a full- gervi.ce restaurant with beer and wine takeout service. He further stated that in the denial, the Planning Commission noted there was adequate parking, but the project did not meet the requirements of the Traffic Phasing Ordinance. In addition, he stated, the applicant has offered to close the restaurant: during the peak hours, but the opinion of staff is that this would be difficult to enforce. Bob Burnham, City Attorney, stated that copies of his memorandum regarding the subject use permit and related traffic study, have been given to the applicant, the staff (to be included in the record), and to the City Council, which attempts to answer some questions as to whether the applicant can, under the Traffic Phasing Ordinance (TPO), close the restaurant and therefore, comply with the TPO, and Findings for Denial of Use Permit No. 3229 (Amended). He stated he indicated in his memorandum, that since the TPO uses the California Environmental Quality Act (CEQA) definition of "project," and CEQA allows a project to modify its proposal, the Council can consider this project satisfying the TPO, with the imposition Volume 42 - 421 U/P 3229(A) COUNCIL MEMBERS 0 0 CITY OF NEWPORT BEACH MINUTES October 24, 1988 of conditions that require the restaurant to close during the peak hour periods. Further, the City Attorney stated that it is his opinion this type of condition will be difficult to enforce, as it may not be consistent with the spirit of the TPO. He added that attached to his memorandum are two exhibits; the Findings for Approval of Traffic Study No. 49 (there were no Findings for Approval with the report that went to the Planning Commission); and Findings for Denial of Use Permit No. 3229 [Amended] (in the attachment to the Planning Commission, there were no Finding for Denial of the use permit). In summary, he stated that the Council has three options as they relate to the TPO: 1) find that no traffic study is required because the project has been modified; 2) override the TPO; 3) or deny the traffic study on the basis that the conditions the applicant is offering to abide by are difficult, or impossible to enforce. He stated that Council also has the option of approving, or denying the use permit, and findings for denial are with the material that was submitted to the Council, which is an action that Council can take independent of the decision on the traffic study and the TPO. He stated that the findings for denial of the use permit are predicated on two things: 1) the proposed project requires valet parking for restaurant customers and there is the potential for traffic congestion occurring in the west bound lanes of Pacific Coast Highway in the event valets cannot adequately accommodate the demand for their services; and 2) the intersection at Riverside and Pacific Coast Highway experiences heavy congestion during the 11:30 a.m.. to 1:00 p.m. periods, and the incremental increase in congestion resulting from the restaurant use will adversely affect service at that intersection. The Planning Director stated that he felt the Council was due an explanation from the staff as follows: When this project was presented to the Planning Commission, it was specifically designated as an employee cafeteria. Shortly after the applicant started construction of the project, it came to the attention of staff that it was the applicant's intent to put a Ruby's Restaurant in this location. Staff Volume 42 - Page 422 U/P 3229(A) COUNCIL MEMBERS CITY OF NEWPORT BEACH October 24, 1988 MINUTES Volume: 42 - Page 423 U/P 3229(A) contacted the applicant and informed him that at the time this project had been originally approved by the City, there was no restaurant approved as a part of • the application, but the proposed space was strictly for the use of the employees. The applicant then applied for an amendment to the use permit.. In the meantime, as construction progressed, it was noted by the Building Department that the type of equipment being installed, in terms of sinks, vents, refrigeration, cooking, etc., was the same that would be used for a commercial restaurant. When the City brought this to the applicant's attention, and suggested that something on a smaller scale would be more appropriate for an employees cafeteria, it was very strongly indicated to staff, that regardless of whether the space was to be used as a commercial restaurant, or an employees cafeteria, the identical equipment, floor plan, and facility was going to go into that space, and for that reason no "red tags," to the best of the Planning Director's knowledge, were issued while allowing them to proceed with that space. • Doug Cavanaugh, owner of Ruby's Diner, Inc., representing the applicant, Mr. West, presented a graph which describes the different business hours of operation and how the traffic flow comes into the proposed restaurant. He stated that Ruby's Diner, Inc., currently owns and operates six restaurants in the greater Orange County area, three of which are in Newport Beach. He continued that shortly after the first use permit was issued to Newport Imports, he participated in the design of the facility, and added that the structure will be a limited partnership and Ruby's Diner, Inc. being the general partner with 50% equity. He stated that he fully recognizes the traffic problems on Pacific Coast Highway and Riverside Drive, and does not want to add to those problems. He is-confident that there are ways to condition and mitigate the impact this project might have, and stated that: there are several positive features that the facility will have on . the traffic: in the area, one of which is to provide a medium priced restaurant for the Volume: 42 - Page 423 U/P 3229(A) COUNCIL MEMBERS 0 C / 1 CITY OF NEWPORT BEACH MINUTES October 24, 1988 business and residential community surrounding the dealership. There are currently 110 employees working in Newport Imports now, and he felt that those people would be more inclined to stay on -site with a full - service restaurant. He presented a petition signed by 125 local residents indicating their support for the project. He added that he would like to propose the following conditions of operation to mitigate the traffic impacts, and that would be to not open the facility to the public until 8:30 a.m., and close the facility between 4:00 and 6:00 p.m., to miss the afternoon rush. He stated that these suggested hours of operation were derived by their traffic engineer, Bill Darnell, and asked him to address the Council on this issue. Bill Darnell, Basmaciyan, Darnell, Inc., 3190 Airport Loop Drive, Costa Mesa, addressed the Council, stating that his firm was asked to evaluate the project and advise the applicant and Mr. Cavanaugh on what kind of mitigation measures could be developed that would satisfy the TPO. He stated that they went over the peak hour counts that the City generates for the TPO, and all the cumulative projects, and developed ICU's on 15 minute increments, going from 7:00 a.m., to 9:15 a.m., and from 3:30 p.m. to 6:00 p.m., using the background and existing traffic. They found that up to 8:00 -9:00 a.m. the ICU remains over .90; and from 8:15 -9:15 a.m., it starts diminishing drastically and comes down to an ICU of .90 which would satisfy the TPO. In the afternoons at 3:30 -4:30 p.m, the ICU's were acceptable at .90; and at 3:45 -4:45 p.m. acceptable at .90. He added that at 4:00 p.m. the ICU starts to break down and exceeds the .90 requirement of the TPO. Mr. Cavanaugh addressed the Council again, giving the following information with regard to enforceability of the restaurant hours of operation: Primarily, proper signage on the facility would educate the public as to the time the restaurant was in operation, and after some time, there should be no problem. The results from a graph of his designer restaurants Volume 42 - Page 424 /P 3229(A) COUNCIL MEMBERS J, A ti � G • . • E CITY OF NEWPORT BEACH MINUTES October 24, 19813 shows that the lowest demand time hours are from 7:30 -8:30 a.m., and from 4:30 -5:30 p.m., and therefore, usage of the facility at these times would not present a significant traffic problem. The valet parking system would be of benefit because the valets could be educated to inform the public as to the hours of operation for the restaurant. They would like to have a trial period to see if they could be successful, and if so, they would like to try it for a longer period, but that if the results were negative, they would accept the consequences. Gail Demmer, 2812 Cliff Drive, representing the Newport Heights Community .Association, addressed the Council, stating that there are many citizens in Newport Heights that have something to say about the proposed use permit tonight, and asked for permission to speak on their behalf, with the following testimony: Recently at a public forum Ms. Demmer attended, she picked up a Newport Harbor Chamber of Commerce magazine, and referred to an article written by the Government Affairs Division in regard to the TPO, which states, "the City currently has a Traffic Phasing Ordinance adopted in 1978, which evaluates the traffic impact by new development, and requires traffic improvements to be in place prior to the occupancy of the new development .... the existing TPO is one of the most stringent ordinances of its type in the State of California, and this TPO has been effective in regulating local development and in providing needed road improvements at no cost to the taxpayers... we don't need any other initiatives, or ordinances when we have this very fine TPO in the City.... the way to regulate and deal with complicated and costly traffic solutions is through the existing TPO." Ms. Demmer added that it is very interesting to note that the President of the Government; Affairs Division has never been a member of the Newport Heights Community Association, and the Association cannot agree more thoroughly with what the business community has to say about the TPO. Therefore„ the Newport Heights Community Association asks that the Council support the findings for denial of Volume 42 - Page 425 3229(A) COUNCIL MEMBERS J, -o G • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 Traffic Study No. 49, and Use Permit No. U/P 3229(A) 3229 (Amended), as the project does not meet the TPO requirements, and the traffic generated onto Riverside Avenue and Pacific Coast Highway will increase the already intense traffic situation that presently exists. She also stated that, in the traffic study findings presented to the Council at the March 23, 1987 meeting, the staff report, on page 44, Item No. 2, states that the traffic study indicates the project- generated traffic with neither cause, nor make worse an unsatisfactory level of traffic on any major, primary modified, or primary street. She stated that they believe the traffic generated onto Riverside Avenue and Avon Street will most certainly be affected at an unsatisfactory level, and on Page 46, Item No. 3, it states the site shall be designed and laid out to allow vehicle delivery trucks to drive from West Coast Highway through to Avon Street. At the time of the issuance of the original use permit, the association believed that the improvements on Avon were just for that intended purpose, including their employee traffic, but today we are realizing a very major and very popular well -known restaurant will exit all its traffic from Avon Street. This is in violation of what the association perceives the intended usage of this street, and. are of the opinion that this kind of traffic generation will require a double le.fthand lane turn from Riverside south onto Pacific Coast Highway, and an intersection that is already in need of a double lefthand turn possibility from Pacific Coast Highway going north onto Riverside Avenue. They also believe that the protection and safety of speeding bicycles, primarily from Ensign Junior High School. and Harbor High School will necessitate a light at Avon Street and Riverside Avenue, and they request Council's support of staff's findings and conclusions, recommended to the Planning Commission and supported by the Commission, that trip reduction methods do not appear reasonable for the proposed project. It is the opinion of their Community Association that restrictions in the hours of operation in peak traffic hours would be impossible to regulate and enforce. They are aware that they have many fine restaurants on Mariners Mile, and who are not se'ling automobiles. They are Volume 42 - Page 426 COUNCIL MEMBERS � of 9G • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 also concerned that this entrepreneur has already built a restaurant, and it was built for public usage, it is in fact, completely installed, decorated and electrically wired to meet State compliance for public restaurant operation, and far exceeds, at this particular point, employee lunch room requirements. This, including a retail clothing store, has been built without permit in the Newport Imports structure. What exists here, is a restaurant, completely built without permit, and with'no wavy to control the usage, traffic, or the patronage. Chan Lefebvre, 2112 E. Balboa Boulevard, member of the Board of Directors of the Balboa Peninsula Point Association, addressed the Council, stating that for all of the reasons given by Ms. Demmer previously, they too are opposed to the proposed application, and urge the Council's denial. Marian Rayl, 426 San Bernardino, Newport Heights, addressed the Council, stating that the residents were not aware that the neighborhood was being canvassed for signatures regarding the traffic in the area of the post office off of Riverside Avenue. She added that the traffic going in and out all day at the post office is affecting the small businesses in that area. She also stated that she is mainly concerned what will happen to the traffic situation if the restaurant, which started out to be an employees cafeteria, goes in, not to mention the clothing store, and emphasized that the public, along with the City, has been deceived. The Planning Director addressed the Council regarding the "boutique" clothing store, stating that the original plans that were approved did include a retail - clothing store on the premises, and the applicant, had a similar type of operation in another location with an automobile dealership and the sale of sportswear. Mike Moosl.in, 621 Powell Place, Newport Heights, addressed the Council, stating that he has lived in the area for Volume 42 - Page 427 3229(A) COUNCIL MEMBERS u • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 approximately 14 years. He added that he has seen the City approve close to a million feet of office space on Coast Highway, and the people that work in those offices get into their cars and drive to a place to eat lunch. He emphasized that the traffic is being created by the additional office space of the large businesses and banks, and not by the proposed small diner. He stated, that to have a restaurant across the street has got to alleviate some of that traffic, and to have an opportunity where a small local businessman, who has done an outstanding job for the City, come in with a diner where the public can spend $4 or $5, rather than $12, $15, or $20, without going out of the City and alleviate traffic, seems to him a "win -win" situation. He added that there are not enough inexpensive places to eat in the area, and that Ruby's is a local business who is trying to help our City, vs. an out -of -state chain type of operation, and we should support our local businessman. Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council, stating that he disputes the intentions that Ruby's will reduce traffic, and questions the results of the applicant's traffic consultant's study. According to his reading of the study, the TPO would still be tripped from 4:00 -5:45 p.m., even with the restaurant being closed. According to the applicant's consultant's own study, from 4:00 -5:00 p.m., the TPO goes up from .88 to .93, and anything over .90 trips the TPO. Also, from 4:30 -5:30 p.m., the TPO goes up from .91 to .95, and from 4:45 -5:45 p.m., the TPO goes up .91 to .95 again. Therefore, in the two hours that they are closed, the traffic which is generated because cars come to and from the restaurant even before it opens, we have the TPO ordinance being tripped, and for this reason he recommends that the Council oppose the project. Zachary Pedicini, 102 Scholz Plaza, addressed the Council, stating that the applicant, Lee West, has the most largest and beautiful jaguar dealership on the west coast, that he is a good citizen and a credit to the community. Bill Darnell, Basmaciyan, Darnell, Inc., addressed the Council again, stating that he wanted to clarify, that what is Volume 42 - Page 428 /P 3229(A) CITY OF NEWPORT BEACH COUNCIL MEMBERS \AL\ \t\ 4P� �9 GOctober 24, 198EI 1, 11 u • • MINUTES shown in .Table I of his report regarding impacting the TPO requirements, and what is shown in the table is full implementation of the restaurant during those hours, so that they could use the figures as a tool to find out where the traffic might be a problem. The City Attorney directed a question to Mr. Darnell, as to whether he had an opinion if the TPO might be tripped based upon Ruby's employees coming and leaving work other than when the restaurant is closed, to which Mr. Darnell stated that the graph submitted to Council does not reflect this, and he did not believe this to be true based upon statistics they have gathered from other restaurant operations. Mr. Darnell stated, the analysis they did shows that what trips the TPO is the traffic leaving the project site going out to Avon and trying to come down to Riverside, but the employees are only into the project site, and they would not be impacting traffic, but the movement might exceed 1 %. He added that morning eastbound direction traffic using the "U- turn," and full use of the restaurant would not trip the TPO even with traffic from employees and in the afternoon, with the 1% volume at 63 and the total project at 48, the TPO would not be tripped greater than 1% by the employees. Council Member Strauss asked Mr. Cavanaugh when did the project take shape, as it wasn't originally a restaurant, and what made it come about. Mr. Cavanaugh stated that he was contacted well after the first use permit was approved, and it was Mr. West's intention that he wanted a first -class facility, no matter what, and in the event it would not be approved, it could serve as a first -class cafeteria. Council Member Strauss inquired as to how many people can the facility serve, either as a cafeteria or as a restaurant, to which Mr. Cavanaugh replied, seating for 94. Mr. Cavanaugh added that for clarification, if the facility opened at 8:30 a.m., the employees would arrive at approximately 7:30 a.m., and the second shift would be arriving sometime around 4:30 p.m. Volume 42 - Page 429 /P 3229(A) COUNCIL MEMBERS eons on Ayes I 1I J is x CITY OF NEWPORT BEACH MINUTES October 24, 1988 Hearing no one else wishing to address the Council, the public hearing was closed. After Council discussion, motion was made to sustain the decision of the Planning Commission for denial; to include the City Attorney's additional findings for denial of Use Permit No. 3229 (Amended); and to add a Finding No. 7 to the Findings for Denial of Traffic Study No. 49, and subject use permit, as follows: "City Attorney's Findings: The proposed restaurant use will be detrimental to the health, peace, safety, morals and comfort of persons residing and working in the neighborhood and to the general welfare of the City in that: 1) the proposed project requires valet parking for restaurant customers and there is the potential for traffic: congestion occurring in. the west bound lanes of Pacific Coast Highway in the event valets cannot adequately accommodate the demand for their services; and 2) the intersection at Riverside and. Pacific Coast Highway experiences heavy congestion during the 11:30 a.m, to 1:00 p.m. periods, and the incremental increase in congestion resulting from the restaurant use will adversely affect service at that intersection." "Findings for Denial of Traffic Study No. 49 and Use Permit No. 32291;Amended): 1. That the proposed development is not consistent with the General Plan, and the adopted Local Coastal Program, Land Use Plan, inasmuch as the proposed project requires an exception to the Traffic Phasing Ordinance. 2. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. Volume 42 - Page 430 /P 3229(A) COUNCIL MEMBERS Rnl 1 CAI 1 a • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 3. That the project generated U/P 3229(A) traffic makes worse an unsatisfactory level of traffic service at the intersection of Coast Highway ,and Riverside Avenue. 4. That the only available traffic improvement which would result in compliance with the provisions of the Traffic Phasing Ordinance is clearly beyond the scope of this project, and is not anticipated to be constructed within 48 months. 5. That the project does not include any trip generation reductions which will allow an exception to the Traffic Phasing Ordinance. 6. The approval of Use Permit No. 3229 (Amended) will, under the Circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental, or injurious to property and improvements in the neighborhood and the general welfare of the City, inasmuch as the proposed project requires an exception to the Traffic Phasing Ordinance. 7. Conditions on the project, such as closure between the hours of 7:00 -9:30 a.m., and 3:30 -6:00 p.m., or other hours, which may cause the project to comply with the TPO are difficult, if not impossible to enforce." At this time, Mayor Cox asked the Newport Elementary School students to come forward with their presentation of the "Just Say No" Club to celebrate "Red Ribbon Week;" wherein students offered remarks, and presented the City Council with red ribbon pins. Volume 42 - Page 431 COUNCIL MEMBERS ,r u • CITY OF NEWPORT BEACH MINUTES October 24, 1988 2. Mayor Cox opened the continued public hearing regarding: A. GENERAL PLAN AMENDMENT 87 -1(A & E) - These amendments involve major revisions to the Land Use and Circulation Elements of the Newport Beach General Plan. The proposed revisions to the Land Use Element involve establishment of various densities and intensities of development citywide. The revisions to the Circulation Element include modifications to the City's adopted Master Plan of Arterial Highways, as well as a reevaluation of the necessary roadway improvements and funding sources available to the City of Newport Beach; I0 B. LOCAL COASTAL PROGRAM AMENDMENT NO. 13 - Amendments to the Local Coastal Program Land Use Plan to conform its provisions with respect to permitted land uses to the Land Use Element of the General Plan; C. MINOR REVISIONS TO THE RECREATION AND OPEN SPACE ELEMENT AND HOUSING ELEMENT - of the Newport Beach General Plan in order to ensure consistency with the Land Use Element. Report from the Planning Department, was presented. Letter from Helen F. Kreutzkamp regarding building and traffic, was presented. Letter and clipping from Shirley Knutsen regarding residents worried over devaluation and traffic control under the City's new general plan, was presented., Petition Circulated by Pat Parsons opposed to any extension of San Joaquin Hills Road beyond Pelican Hill Road, was presented. Letter from S. R. Willford regarding the proposed new General Plan ratio designation for Lido Village /Lido Shops, was presented. Volume 42 - Page 432 (45) 87 -1(A & S' Elmt COUNCIL MEMBERS 9 Cp a 0 • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES October 24, 1988 The Assistant City Clerk advised the Council that the following letters regarding the subject general plan amendment, were received after the agenda was printed: Luvena. W. Hayton, Corona del Mar Chamber of Commerce; Joseph Massa; Michael D. Franklin; Roger G. McKinnon; Delores Gallo Place; Lee K. Gerber; St. James Episcopal Church Reverend David C. Anderson; D. W. Diem; Dillon R. Cox; Thomas L. Testa; Helmut Reiss; Pete J. Duca; Richard K. Natland; Dr. Jan D. Vandersloot (4 letters); Mr. and Mrs. Lawrence F. Kerr; William C. Hardesty; William E. Blurock; Helen F. Kre:utzkamp; Marco Baljeu and David Cox. At the request of Council, the Advanced Planning Manager, Bob Lenard, explained that the staff report discusses the issues that: were raised at the meeting of October 10, and also, staff has provided some additional documents; one with revisions and modifications to the straw - voting guide, and some language and clarification regarding the Newport Village site. LAND USE ELEMENT; Non - Conforming Uses The City Attorney commented that the language in the straw vote guide is an effort to do two things: 1) Ensure that there are rro penalties that apply to a person whose property might be made non - conforming solely by virtue of the .S floor area ratio that the Council may well impose on commercial property; and 2) require the City to review provisions of the Zoning Code to make it a little easier for people to rebuild non - conforming structures that are destroyed by fire, earthquake, or other calamity. Presently, those procedures require use permit process. Following consideration, motion was made to support the Language regarding the Non - Conforming Structures and Uses section of the draft Land Use Element (page 17), as follows: "The non - conforming provisions of the Zoning Ordinance shall be reviewed to ensure fair and Volume 42 - Page 433 87 -1(A & COUNCIL 1 Mien • \ot x CITY OF NEWPORT BEACH MINUTES October 24, 1988 equitable treatment of properties GP and structures made non- conforming E) by the October 24, 1988 amendments to floor area limits for commercial properties and minimum lot size standards for residential properties. The provisions of the Zoning Ordinance relative to the right to rebuild structures damaged by fire, earthquake or other disaster shall be reevaluated to ensure fair and equitable standards allowing reconstruction of non - conforming buildings." RESIDENTIAL ISSUES: Avon Street Access Bob Lenard, commented that staff has provided the City Council with two alternatives on the revised checklist; one which would be to allow access from Avon Street only in instances where that was the only access available; and the other option would be to delete any reference to Avon Street access from the General Plan. Discussion ensued, wherein Council Member Hart made a motion to "revise the previous straw vote to delete any reference in the General Plan to access from Avon Street." The Planning Director commented that the foregoing motion would allow a property owner to take access to Avon, even though they had access from Cliff Drive. The City Attorney explained that there is no subdivision permitted on the lots most westerly of the park, so the access could only be taken in conjunction with the construction of a single- family dwelling; or a new garage. Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council, stating he was concerned that such an access would impart the wetland stream at the bottom of the cliff. He also stated that the residents there are already facing traffic and parking problems, especially if there is another access on Avon Street. Volume 42 - Page 434 87 -1(A& COUNCIL MEMBERS G\1\� -A 1 • Motion All Ayes • 1 x CITY OF NEWPORT BEACH MINUTES October 24, 1988 Zachary Pedicini, 102 Sholtz Plaza, a real estate broker representing the possible new owners of the property at 2953 Cliff Drive, addressed the Council, stating that the Baljeu's intent is to close the two existing garages and use it as a projection room, then build two garages dawn below on Avon Street. He added that there would be no parking on Avon, and the drain ditch and creek referred to by Dr. Vandersloot does not touch the subject property, as it has 161 feet on Avon. Council Member Hart added that her motion did. not have anything to do with the subject property, but just concerned Avon Street in general. Council Member Turner made a substitute motion to support "revise the previous straw vote: to prohibit residential access from Avon Street, except where no access from either Cliff Drive or Santa Ana Avenue: is available," which motion carried. COMMERCIAL. ISSUES: Commercial'_ and Mixed Use Floor Area Limits /Parking Structures Bob Lenard, explained that there has been a lot of testimony from the commercial property owners regarding inclusion of covered above -grade parking in the allowable floor area ratio (FAR) for the various commercial districts. He added that this particular provision unfairly penalized some of the owners of smaller lots, because it is harder to design efficient parking layouts. He stated that alternative "B," on the checklist would allow up to .25 FAR not be counted in the allowable FAR. He stated that for example, in an area where you are building a straight commercial .5 retail type of use, you would be able to have .25 of the area with covered parking without detracting from the ability to build that commercial use. Mr. Lenard stated that since the last meeting, discussion among the commercial property owners in areas where mixed -use residential is allowed under the Volume 42 - Page 435 CPA 87 -1(A& E) COUNCIL MEMBERS \11*\0�� 0 L • CITY OF NEWPORT BEACH MINUTES October 24, 19813 proposed plan, concern was expressed that the standard that came from the Planning Commission does not allow a large enough residential unit, particularly on some of the smaller subdivided lots in the Cannery Village area. He added it was suggested an alternative of a .35 allowance per covered parking was given for those mixed use projects, which does not affect the amount of commercial development: that can be constructed on the site, tout just allows for a slightly larger unit:, and is consistent with the intent of the Planning Commission. He commented that under this standard, a typical Cannery Village lot would mean the difference between building an 1,850 sq ft. unit: or 2,050 sq. ft. unit; and that the Planning Commission wanted to provide: an adequate building envelope to accommodate a good owner type unit on the property. Council Member Maurer asked if this would include Agate Street, Balboa Island, and. the Planning Director also inquired as, to whether Old Newport was included, and was told by Mr. Lenard that it would, and includes only the easterly side of Old Newport. Mr. Lenard, in answer to Mayor Pro Tem Hart's inquiry, stated that all commercial parcels would have a .25 allowance for parking, and all mixed -use commercial residential developments would have a .35 FAR allowance for covered parking. Council Member Sansone asked does this mean that the base FAR is now going to be .75, to which Mr. Lenard stated "no," the base FAR would be .5 for the use, such as .5 for commercial use, plus up to 25% of the land area in covered parking. Be added that in terms of the building envelope, (including covered parking) it could be .75. Mr. Lenard offered that for the types of uses that would be allowed to go to the higher FAR, if you had a low- traffic generating use, it could get up to .75 FAR, then you could add to that the .25 covered parking, and the building envelope could be as high as 1.0 for an exclusive commercial use. Volume 42 - Page 436 87 -1(AS COUNCIL MEMI s ��'� .1 \1 is Motion • • CITY OF NEWPORT BEACH X MINUTES October 24, 1988 The City ,Attorney commented that for a high - traffic generating use, then the FAR would not even.get up to the .5; therefore it reverses, and can go bigger for a low- traffic generating use, but for a high- traffic generating use, it may be as low .2 FAR. In answer to further questions from the Council, :Mr. Lenard confirmed the fact that the intent of the FAR allowance for a combination of the mixed use (commercial and residential) and covered parking was to encourage the use of garages under cover. Motion was made by Council Member Maurer to approve A -II. Dick Nichols, 519 Iris, addressed the Council, stating that he needs some clarification regarding underground parking, because that would mean you would have .75 buildable, .25 per above - ground parking, and the project can go 1.0 underground, which would mean that there could be a very dense project on the lot, much higher than what the residents fought against regarding the Ernie George's village property in Corona del Mar. He also stated that this would be a tremendous growth over the .5, and suggested that if there is to be any growth on the .75, you cannot have above ground parking, etc. Mr. Lenard replied that it would be substantially less than the project cited; about .75 as the total building envelope, compared to 1.25 for the project which is actually on the ground. Dee Dee Masters, 140 Fernleaf, addressed the Council, stating that she has property at 2711 East Coast Highway, with a 2--story building on the corner of Fernleaf that has an underground garage, and also outside parking which is not covered. She stated that she is totally confused with the City's formula as to what she would be allowed. She added that the building is 25 years old and they would like to upgrade some of the building.. Volume 42 - Page 437 87 -1(A& COUNCIL MEMBERS CITY OF NEWPORT BEACH October 24, 1988 MINUTES Bob Lenard attempted to address Ms. Masters' concern, and presented an example stating that if the lot were • 3,000 sq. ft., under the proposed regulations you can build a 1,500 sq. ft. retail. type of use (.5), and in addition to that, you could cover up to 25 %, or 7`;0 sq. ft. of the parking area without it: counting towards that FAR. But in her situation, the underground parking would not be counted in calculation of the FAR, only the above grade covered parking, and then only the above grade parking that exceeded 750 sq. feet. Leonard Seltzer, 519 Hazel Street, representing Neighbors to Preserve Corona del. Mar, addressed the Council, suggesting; that because of the community concern, this issue be continued so that they can get together with the City Planning Department to give some input as to whether or not this particular piece of property should be .42 commercial. to serve the needs of this particular community. • Mayor Cox stated that tonight's straw vote is addressing the General Plan. He also added that Council and staff have had conversations with both the property owner, and residents of the community about the need to have some dialogue for that specific property, and that item will come back for in depth discussion at a later time. Tom Trischler, 1745 W. Katella, Suite E, Orange, addressed the Council on an issue about a property that he is currently negotiating with a bank in the airport area, within the commercial and industrial strip between Birch and Campus Drive, north of Dove and MacArthur Boulevard. He stated that currently this commercial area, with parcels that range about 29,000 sq. ft. to serveral that are larger, pie- shaped, or with multiple lot ownership, includes parking structures within the FAR calculation. The problem he sees with this is that in this particular area, by including the parking structure in the • FAR, they lose the ability to design a project that has the open space characteristics of either Newport Place Volume 42 - Page 438 87 -1(A& COUNCIL MEMBERS y � J,G9y��G��P� G LL CALL %P • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 or the Koll Center Newport projects, where you are able to conglomerate your parking structures into one area, and free up less of the.site. His company has done a preliminary analysis regarding the property they are looking at, which is commonly known as Coco's site, where there is a twin - restaurant and a bank building and some miscellaneous space and some unused allowable area under the FAR of about 4,500 sq. ft. He stated that to provide parking, it requires about 355 spaces at 325 sq. ft,. an average space, which comes up to 115,000 sq. ft., and represents a .83 FAR. He added what they are suggesting is that the area be opened up in the same sense that the other two major areas within the airport statistical area zone, and to not include the parking structure in the FAR. He commented that it would behoove the City to encourage the use of parking structures, as opposed to parking on the surface with more acres of asphalt, and instead, have more acres of green. Bob Lenard, responded that the standards for the airport area, Koll Center and Newport Place, do not count parking structures in the allowable development, as these two areas are planned communities and have very complicated development standards that include many large lots, a lot of open spaces, parking structures and a higher height limit with taller buildings. He added that the proximity of this area to the flight path out of John Wayne Airport makes it subject to the Federal Aviation Administration's height plane restrictions; therefore, the ability to build taller buildings does not exist where it does in the adjacent planned communities. Bill Wren, 1118 E. Balboa Boulevard, representing the Balboa Peninsula Point Association, addressed the Council, stating that they appreciate the effort of the Planning Commission and the staff to keep all of them fully informed and they have done a superb job. He stated that on the straw vote the Council will vote for biannual traffic counts on the Peninsula, and they appreciate this, as this would have been one of his recommendations. He stated that he wanted to thank the Planning Commission, in particular Buzz Person, for acknowledging the uniqueness of the Volume 42 - Page 439 GPA 87 -1(A& E) COUNCIL MEMI i ,r u CITY OF NEWPORT BEACH MINUTES October 24, 1988 Balboa Peninsula and the use of GPA 87 -1(A& identifiable measures to help reduce the E) impact of high volume traffic on the bay and beach area community. He suggested that the City continue to work with the State to identify those traffic areas that have to be funded and make sure that these: get into the State's 5 -year budget program; but the critical situation, obviously, is the widening of the Coast Highway, Via Lido, and Newport Boulevard. He added that they do support the Planning Commission's recommendation for the 2 units for 2,375 sq. ft. lots; and if the FAR discussed today creates more open architecturally pleasing projects, without pushing the overall intensity of use, then they would be in favor of it. He also asked that if future applications must conform with the General Plan, even before the Specific Area Plan is adopted, will the General Plan be the guide and enforceable for future projects. The City Attorney stated "yes" the Specific Area Plan will have to be consistent with the General Plan. Paul Balalis, 1129 E. Balboa Boulevard, addressed the Council with a request to recommend that the Council adopt item I11 -2 and believes that this would accomplish exactly what the Planning Commission and staff had been working on for the past year. He stated that he would like to thank very much both Bob Lenard, and Patty Temple, as well as Bob Burnham for working together with them this past week to see how open space really helps and they feel the level that is recommended to the Council tonight really does help the neighborhood and the community, as well as the individual who will be developing his particular property. He commented that in his discussion with Bob Lenard, he recommended that a figure of 10% open space be used, and this may not be the right forum to address this issue, but perhaps when the City comes up with some development standards in the future, this is something that should be considered. Gail Demmer, 2812 Cliff Drive, addressed the Council, thanking them for the community, outreach program that was provided this year in regard to the General Plan, adding that it has been Volume 42 - Page 440 COUNCIL MEMBERS IN • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 outstanding, and that Newport Heights has exercised all the privileges of the program. She stated that although the homeowners of the Newport Heights Community Association are not property owners on Mariners Mile, or Newport Boulevard, they care very much about the density, bulk and height. She added that their Association respect what the Planning Commission has gone through to write this General Plan, and have observed first -hand the professionalism with which the staff has written this General Plan, and they endorse, and would like. the Council to sustain the recommendation of the Planning Commission and include above grade parking. She stated that they are addressing Mariners Mile for the future, the quality of the environment, the open space, the bay and the harbor view. In answer to Mayor Pro Tem Hart's question as to what would be the maximum project that could go into Mariner's Mile if I]:I -A, 2 is approved, to which Bob Lenard stated the following: for example, a 10,000 sq. ft. lot, under the proposed standards, if it was to be developed with commercial office use, would be allowed a FAR of around .5. If • higher traffic generating use, such as • restaurant, or fast -food restaurant would go in, it would be at a lower FAR, probably in the range of .2 to .3, and this tends to be pretty much what naturally occurs because of the parking requirements of those types of uses. Most fast-food restaurants and restaurants do come in at lower FAR's, because of the required on -site parking. If a hotel, or motel type use would be developed, the FAR for the use could be increased up to .75 as long as the traffic for an essentially retail .5 use was not exceeded, with traffic generation being the limitation. In addition to that, if structuralized parking was provided, or covered above grade parking was provided, it could allow up to .25 of covered parking above grade before it would count towards that FAR. In terms of building bulk, it would mean that for a straight retail or office building, the building envelope including parking, as well, could be as much as .75, and for the hotel -type of use, it could be .75 plus the .25 for covered parking, so that the building envelop could be as high as 1.0. volume 42 - Page 441 GPA 87 -1(A& E) COUNCIL MEMI S � .w, 'A • • • CITY OF NEWPORT BEACH MINUTES October 24, 19813 Dr. Jan D. Vandersloot addressed the Council stating that the foregoing could provide the possibility that there could be a 1.0 FAR structure in Mariners Mile, and that is approximately the size of the Anderson building in Mariners Mile. He feels that this building is universally disliked because of its bulk, size and the fact that it cuts off the views of'the bay, and would recommend that the Council sustain the recommendation of the Planning Commission and include above grade parking in the FAR limit. Bob Lenard stated that the Anderson building is a combined FAR including the above grade parking at 1.25, but the use in the building, which is essentially retail or higher because of the restaurant, is at .95, so that there is no way than such a traffic intensive, or parking intensive use could be built on the parcel under the proposed regulations. It would be limited to the .5, and the .5 traffic cap placed on the property. Ernest George, 2865 East Coast Highway, addressed the Council, stating that he wanted to point out some of the problems with a .5 size building in Corona del Mar. He added that most of the lots there are 30 x 80, or 30 x 100 ft. lots, and if you had a lot that did not have streets on two sides, you could not build more than .35 x the buildable, because the parcel would not allow you sufficient turn - around area. He went on to say that assuming you had a 10,000 sq. ft. lot, you could build a 3,000 sq. ft. building if you wanted to provide for parking. He added that especially for Corona del Mar, those people who try to build a new structure will not be able to build one that would be economically feasible, and he feels it cannot be done. He also stated that he has no more property to be developed, but is speaking for those who have. He stated if,.in fact, the amount of density can vary with the property, allowing some variety for the type of buildings that could go up in the future in Corona del Mar, that they be allowed to put two or three properties together and build a decent structure. He added that with the cost of the land and with the amount of parking required to build a commercial structure, the City is Volume 42 - Page 442 GPA 87 -1(A& E) COUNCIL MEMBERS 0 V y • • C CITY OF NEWPORT BEACH MINUTES October 24, 1988 condemning the properties in Corona del Mar to never be developed, unless they have a very large parcel. He believes that any below ground parking should not. count at all as far as building density because you can't see the parking. He feels that the Council should keep an open mind, and not simply say that you can only build .25, or .75. Dee Dee Masters, addressed the Council again, stating she agreed with what Ernie George said, that with limiting development of those little lots in Corona del Mar to .5, it is not economically feasible to build anything, and is opposed to the .5 FAR. She does think that the parking lots behind the buildings and the buildings themselves provide a buffer to the residential area, to protect them from the noise, fumes and the dirt from the cars on the highway, and those things should be considered. Sanford R. Willford, 62 Linda Isle, and property owner in the Lido Village, addressed the Council, stating that at the time be and his wife bought the property you could build a two story structure on it, but they have not done so as yet. He stated that as he understands it, the property he owns, if it is included in the Lido Village computations, they will not be able to build a second story, other than what they already have, and feel that if the concept is for the benefit of the entire City, then the entire City should cover the cost. Another issue that should come up, is that they do have certain parking rights in the parking structure. According to the City Attorney, he understands that the parking rights they have would be counted in the FAR, whatever that means, whether it be restripped parking, or full -size parking, and they do not know what area they will be entitled to get from that, and the issue is open. They were trying to work out an entire program for the Lido Village as there are problems related to the Village, parking distribution, parking rights in the structure. They would like to continue with the rights that were attached to the property.when he and his wife bought it. He wants an answer as to how much Volume 42 - Page 443 GPA 87 -1(A& E) COUNCIL MEMBERS G • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 space is allotted as far as exterior GPA 87 -1(A& parking spaces, non -site parking spaces E) with the calculations as they pertain to the FAR. Bob Lenard, in response to the above, stated that they went as far as the Lido Village area trying to calculate what the existing FAR's were, exclusive of above grade parking to try and determine if there was going to be any appreciable growth allowed by the proposed General Plan, and the answer is "no." He stated that the Lido Village is fairly close to the .5 in terms of the development lid that would be on that entire area as a whole. He added that since they have talked about extending this .25 allowance for above grade covered parking, which would affect the Lido Village area, they have not gone back and calculated whether that parking structure is somewhat less than that, so there could be some more commercial development in that area, but he doesn't know the answer to the question as how it would apply to Lido Shops, and particularly to the differences between the Lido Shops and Lido Village. The City Attorney commented that he doesn't think the Lido Shops properties are located on the same subdivided parcel as Lido Village, so he doesn't think the City would count the covered parking that is off -site against Mr. Willford's FAR. As far as his current development, it probably contains coverage equal to, or in excess of .5, so it may be "moot" to talk about the impact of covered parking on his development rights, and the .5 FAR is the real control here. Mr. Willford, stated that he disagrees with the City Attorney; in that lot one is where the structure is, and the structure is the tract. In response to Council Member Strauss's inquiry, the City Attorney stated that this is a General Plan Amendment designed to correlate the Land Use Element and the Circulation Element, and the City purposely tried to minimize the extent to which there was specific consideration of individual parcels. He added that this was something the Council agreed upon earlier in the process, because it is hard enough just to balance the two elements, so there Volume '42 - Page 444 COUNCIL MEMBERS R • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 are a lot of details.in terms of how specific provisions of the Land Use Element will operate in one given situation or another that we can address through appropriate zoning standards. He stated that this may be one of those instances where we can, through the development of precise zoning, solve Mr. Willford's problem, so that the big parking structure which exists does not prevent his right to develop additional square footage on his property. In answer to an additional comment by Council Member Strauss regarding relaxing the City's parking standards in the foregoing situation, the City Attorney stated that neither the staff nor the Council has the power to modify the .5 FAR which is really the controlling factor in terms of generating traffic trips. He added that they would have to work within the parameters of the General Plan, and by addressing particular problems such as off -site structures, it can be handled through the zoning process. Russ Fluter, 510 30th Street, Cannery Village, addressed the Council, stating that he is representing several property owners, including a total of 27 lots in the area. He commented that he was happy to see that the staff has come up with a slight improvement which will give them a little bit more flexibility in building a nicer residence on the second story with covered parking, and is in favor of Section III -A -2. Jerry Tucker, 466 Flower Street, Costa Mesa, owner.of property at 508 Old Newport, addressed the Council, stating that if covered parking is included in the FAR, the small commercial projects are not economically feasible to develop, as many of the lots here, are limited to 6,000-sq. ft. He added that in the Land Use Element, the City's policy is to ensure redevelopment of older and underutilized property and to preserve the value, but the FAR specified would only allow for modest growth. He asked that the Council take under consideration, the property owners in Old Newport that don't have properties that can be developed very easily unless you have some covered parking. Volume 42 - Page 445 E) 87 -1(A& COUNCIL MEMI Motion CITY OF NEWPORT BEACH xl x l x l x l x l x X MINUTES October 24, 1988 In response to Council Member Maurer's comments regarding the property owners rights in Old Newport, Bob Lenard stated that the standards that apply to both small and larger lots, are the standards the Council will vote on now. These standards would apply to all the older commercial areas including Corona del Mar and Old Newport Boulevard, although there are some other items on the checklist relating to those two areas, but the basic PAR issue should be addressed now. In answer to question as to what is considered a small lot, Mr. Lenard stated that it could range anywhere from 2,000 sq. ft. to 6,000 sq. ft. The standards would apply to all lots, both small and large lots in commercial areas equally. In terms of how the standards impact, this is primarily felt by the smaller property owner, where you end up being forced, because of design constraints, to cover parking in order to get up to the .5 FAR; whereas on a larger lot you have more design flexibility and it is easier to design parking. x Discussion ensued, wherein Council Member Maurer's motion to approve A -II in the foregoing was corrected by staff to mean item III -A -2 from the modifications and additions to the straw vote guide, was voted on as follows: "Modify the recommendation of the Planning Commission by including within the floor area limits only that above grade covered parking which exceeds a .25 FAR for Exclusive Commercial use. and a .35 FAR for Mixed Use Residential; and establish a 1.25 FAR for all Mixed Use Residential areas." I COMMERCIAL ISSUES: Old Newport Boulevard Council Member Bart made a motion to approve the following language regarding Old Newport Boulevard: "Extend the mixed use designation to all commercial properties easterly of Old Newport Boulevard." Roger Schwenk addressed the Council stating that 13 years ago, he bought the property at 477 N. Newport Rd., and at that time the zoning was for mixed use Volume 42 - Page 446 GPA 87 -1(A& E) COUNCIL MEMBERS ti AG�y �G��'r G{� oAl , /,., ,��+ 1 • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 residential and commercial. He added that they have considered the possibility of developing the property . with the idea of building a commercial structure with an apartment where he and his wife could live in, and let one of his sons occupy their home, that they have occupied for the past 21 years, in the heights. He added now the City has wiped that: out for the part of Old Newport where he owns property, and saying it is acceptable for the other side. He commented that the people who studied the original plan initially were somewhat knowledgeable of noise problems, and felt it was acceptable at that time„ and he doesn't see why it is not acceptable now. He also stated it is his request that if mixed usage is allowed on the east side of the road, why not allow it on the west side of the road, and give some flexibility to a small property owner to make it a little bit more Economically feasible to develop. Bob Lenard, responded in an attempt to clarify the issue with the following: Under the existing General Plan which was amended in the middle or late 70's, mixed use was allowed in all of the Old Newport Boulevard area, and is allowed under today's zoning in all of the area including the island area between Old Newport and Newport Boulevard, which is the State right -of -way. Under the plan that came forward from the Planning Commission, it was suggested that only a very small portion of Old Newport Boulevard, the area that has the double frontage along Catalina, be designated for mixed use, and that the other areas be exclusively commercial. The alternative which was suggested on the checklist this evening, would be as Mr. Schwenk indicated, to extend the mixed use area to include everything easterly of Old Newport Boulevard, but still not allowing mixed use in the island area between the two major roadways. The reasoning behind that was concerns about noise impacts on residential uses in that area, in close proximity to Newport Boulevard, as opposed to Old Newport Boulevard. Volume 42 - Page 447 GPA 87 -1(A& E) COUNCIL MEMBERS ti n G • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 Roger Williams, resident of North GPA 87 -1(AS Newport Boulevard, addressed the Council B) stating that according to Mr. Lenard and Mr. Hewicker, that if you put parking below grade it is not included in the .5, to which Mr. Hewicker replied in the affirmative. Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council, stating that this area is very similar to the Mariners Mile area, or contiguous to it around the right angle turn, and in Mariners Mile area no mixed use development is allowed. He suggested that if the City allows mixed use designations on Old Newport Boulevard, then this increases traffic in his.area of Newport Heights, and he feels that mixed use should not be designated as recommended. Delores Vowles, 510 Old Newport Boulevard, addressed the Council, stating that they have been residents for 35 years, and have worked and saved for this home. She added that she has just lost a husband after 10 years illness, and the financial burden has been terrible. She also stated that if the recommended action is approved, she will have to be dependent on Medicaid when she gets to be a little bit older, and she asked if anything could be done about the density reduction situation to keep it at .2 x buildable, as no one will buy her property. Jerry Tucker, 466 Flower Street, Costa Mesa, and owner of property at 508 Old Newport Boulevard, which is adjacent to Mrs. Vowles, stated that what she was trying to say is that property values have been lost at .5 FAR. He commented that everyone talks about the current zoning regulations which would allow 2.0 FAR on lots that we own, but realistically they can't build something that is 2.0. He added that he did some studies on his property and Mrs. Vowles property for her, and also combined studies and sent a letter to all of the Council Members. He stated that he could get .8 FAR on his lot under current zoning, and Mrs. Vowles could get .84 FAR and if we combine the lots we could get 1.0 FAR, meeting all the zoning requirements for parking, height restrictions, and setbacks. He also Volume 42 — Page 448 COUNCIL MEMBERS ""*,r � • All Ayes • Motion All Ayes • Ix CITY OF NEWPORT BEACH MINUTES October 24, 1988 stated that when he bought the property nine years ago he felt it would increase in value, but he may have to sell it now for less than what he bought it for, which is unfair to a small lot owner, and as a compromise he fully supports the mixed use. George Baker, 434 No. Newport Boulevard, addressed the Council, stating that he is greatly in favor of the mixed use, and he has, a small lot. In his northwest area, they get in their cars and go to Costa Mesa because it is easier to trade there. He added that if this section could be developed to provide services for the people there, it would bring in some revenue for Newport Beach without sending people to Costa Mesa. The motion, as presented, was voted on and carried. COMMERCIAL ISSUES: Mariners Mile Bob Lenard stated that this is to clarify language based on some comments received from merchants in the Mariners Mile area during the last City Council meeting that talked about the City going into the :specific plan later for amendments, and a fear that this might further reduce FAR's below .5. Council Member Turner made a motion to approve the revised language on page 51 of the draft Land Use Element, as follows: "Mariners Mile. Mariners Mile is a Specific Area Plan located along West Coast Highway from Newport Boulevard to Rocky Point. Land north of Coast Highway is shown for Retail and Service Commercial, and land bayward of Coast Highway is shown for Recreational and Marine Commercial land use. The permitted floor area ratio is 0.5/0.75. No mixed use development is allowed in this area. The provisions of the Specific Area Plan will be reviewed in the areas of height and the provision of public visual open space. The Specific Area Plan review is not intended to result in further reductions to the permitted floor area ratio." 1 Volume 42 - Page 449 GPA 87 -1(A& E) COUNCIL MEMI r Ot y !' 4P,, ...,�A Motion • • CITY OF NEWPORT BEACH ix MINUTES October 24, 19138 COMMERCIAL ISSUES: Corona del Mar - Council Member Sansone made the motion to support the following recommended language: Revise the language on page 46 of the draft Land Use Element, as follows: "Corona del Mar Commercial. This area is designated for Retail and Service Commercial; Administrative, Professional, and Financial Commercial; and Governmental, Educational, and Institutional Facilities use. The allowed floor area ratio is 0.5/0.75. Commercial res to increase the extent generated use. The Corona del Mar Commercial strip and the immediately adjacent residential area is designated for a Specific Area Plan, for the preservation and enhancement of the commercial strip and to minimize conflicts with the adjacent residential areas, including the development of appropriate design criteria and off street parking standards." Bob Lenard, in response to Council inquiry, made reference to the modifications and additions to the straw voting guide, and stated that Corona del Mar commercial area is referenced under "D." After meeting with many of the property owners, one of the concerns that was presented by those property owners who had purchased residential lots adjacent to commercial properties, and were using those lots to provide required parking for the commercial use on the commercially designated parcels, was that they would not receive any credit for those residential lots and would be treated the same as if they hadn't been trying to provide that additional parking. He added the language that has been suggested would allow partial credit, but only within the traffic limits set by the Volume 42 - Page 450 GPA 87 -1(A& E) COUNCIL MEMBERS .0 • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 residential designation, i.e., a property owner who owned a commercial lot and residential lots could increase the commercial FAR based on the residential lots, but only to the degree that the combined traffic did not exceed what would be allowed with residential use for those residentially designated parcels. Dick Nichols, 519 Iris, Corona del Mar, addressed the Council, stating he was concerned that this is a conversion of residential to commercial, and also, that parking should be built into residential contiguously within the Specific Area Plan, to which the City Attorney added that this is the purpose of the foregoing language presented by Mr. Lenard. The City Attorney also stated that this doesn't change the provisions of the City's zoning code which would require the off -site parking use to be tied to the commercial use on the strict commercial, and that the City does not intend to change the provisions. The City Attorney added that if the motion would include the understanding that there isn't, by this language, supposed to be any "leapfrogging" of existing residential uses, so that parcels deeper into the residential areas are used for commercial parking purposes, we can draft specific language to satisfy Mr. Nichols' concerns. Council Member Sansone stated that he was concerned about the small lots in Corona deal Mar, and that because they are too small to develop, there could be a gradual. deterioration of the strip, and this in turn could complicate the economic viability of that strip. He added that the same properties referred to do not: have any off -site parking, and as a result parking is ending up on residential streets, which compounds the problem of the residents. He also added that he will support the recommendation because it does give the City some leeway in hopes that maybe the property owners will combine the properties and thus provide some parking off - street, as the lack of parking in the commercial district is chronic. He commented that although there are good sized parking lots on both sides of the town, the residents will not walk from the parking lots to the commercial areas. Volume 42 - Page 451 COUNCIL MEMI AIR5.., , All Ayes • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 The motion, as presented, was voted on and carried. SPECIFIC SITES: Newport Center Library John Nicoll, 1984 Port Nelson Place, Member representing the Library Board of Trustees, addressed the Council, summarizing the events that led up to choosing a site in Newport Village, adjacent to the new Art Museum for the possible relocation of the Newport Center Library, and urged the Council's approval. Discussion ensued, wherein Mayor Pro Tem Hart inquired what is planned on the Newport Village site if the four acres are included, to which Bob Lenard stated the following: Assuming the Council adopts the suggested action, this area would include the Art Museum at the southerly tip; (10 acres) the option to build a four acre library site; and in addition to that; a four acre park. The remainder of the site would be commercial office development at an FAR of .2. Because of the topography of Newport Village, there is the ability within Newport Center to possibly transfer the commercial (office) development to another site, particularly if the library does go on the Newport Village site, it may be a mix of public uses and office, or it may be entirely public use and open space ultimately. In answer to Council Member Strauss's inquiry, Dave Dmohowski, representing The Irvine Company, addressed the Council stating that their intent, as far as Civic Plaza, would be to do an intensity of use very similar to what they have there now, which is a one and two story garden office. Dick Nichols, representing the Corona del Mar Community Association, addressed the Council, stating that they have worked a ]long time to try and get some parkland in this area, and the tie -in of the library with the museum in this beautiful area is a fine thing, and a far better use for the land. Volume 42 - Page 452 GPA 87 -1(A& E) COUNCIL MEMBERS AG�y��G�YP'\ Cf �9G Motion All Ayes • • J X CITY OF NEWPORT BEACH MINUTES October 24, 1988 Motion was made by Mayor Pro Tem Hart to support the following: "Newport Center Library - Revise pages 65 and 68 of the draft Land Use Element to allow for the possible relocation of the Newport Center Library to the Newport Village site discussed in the City Manager's memo dated October 10, 1988, as specifically set forth in Attachment "A," and summarized below: "Civic Plaza: Add library relocation alternate which would: 1. Delete 14,000 sq. ft. of library use. 2. Add 57,150 sq. ft. of office use." I "Newport Village: Add library relocation alternate which would: 1. Add 50,000 sq. ft. of library use. 2. Delete approximately 35,000 sq. ft. of office use. 3. Add language regarding dedication of park site." "Add language to the discussion of Newport Village park site indicating: "The irrevocable offer shall not obligate the property owner to dedicate the property prior to issuance of permits for the office development onsite or offsite, or the execution of a development agreement which vests the property owners rights to construct the allowable development." Volume 42 - Page 453 GPA 87 -1(A& E) COUNCIL MEMBERS S � G�Z �G � N •A 1\ &on • • x CITY OF NEWPORT BEACH MINUTES October 24, 19138 SPECIFIC SITES• Jamboree /MacArthur Council Member Turner stated that the intent is to provide some encouragement for a small amount of development to clean up this area, and made the motion to approve IV —B with the following language: "Administrative, Professional and Financial Commercial .25 FAR." Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council, stating that he wanted to refer to the letter he wrote to Council about this property with the following comments: The reason why it looks bad, is because the entry to the property is not landscaped, and there are a lot of weeds between the sidewalk and the curb, and if the Council approves recreation and open space, as recommended by the Planning Commission, then a landscaped entry would make it look a lot better. Also, for the record, this intersection which has 4.5 acres in it is one of the richest riparian fresh water habitats in Newport Beach, and there is a fresh water lake at the bottom of this parcel, surrounded by a nearly impenetrable thicket of bushes, trees and marsh grass. Further, that on personal visits there he has seen flocks of goldfinch, as well as warblers, doves and a large bird that flew from a nest in the thicket, and he has also seen animals such as rabbits and marsh mice in the dry land above the lake and the soggy marshland adjacent to the lake. There is connection to the Upper Bay by way of a large culvert exiting the parcel, and added that there is a controversy as to where the water is coming from in that lake - -some people think it is runoff from the streets above it, but every time he has been up there, there is no runoff into the lake, but there has always been runbff out of the lake, which leads him to believe that this area might represent another one of the unknown springs in Newport Beach. The fact that access is difficult, is that as most people don't know about it and don't know how to get to it, and that his suggestion for a landscaped entry would take care of the unsightly condition. Volume 42 — Page 454 GPA 87 -1(A& E) COUNCIL MEMI y p\ A q • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 Mr. Vandersloot pointed out that on page 5 of the staff report, that these parcels were recommended by the Planning Commission to be designated for Recreation and Environmental Open Space (REDS), and they established entitlement limits on several Irvine Company parcels which previously had none. He added that the designation of these sites to the REOS category was in consideration for the entitlement established, whereby the Planning Commission gave The Irvine Company entitlement on other properties in return for the REOS category for this property. He further stated that, since this is one of the few undisturbed riparian wetlands areas in Newport Beach, he would urge that the Council keep it as such, and support the Planning Commission recommendation. Dick Nichols addressed the Council, stating that at the urging of Dr. Vandersloot, he went down to see the lake, and added that it is probably 20 feet deep„ with fish, and has a considerable amount of marsh on one end. He confirmed that it is an accessible piece of property in that Jamboree is about 50 feet higher than the property base now, and MacArthur is actually higher than the property. He further stated that the lake is being polluted by sewer runoff from Newport Center, but the lower portion is so blue that you can see 8 to 10 feet down into it, and suggested that the Council take a look. Council Member Turner stated that he stands by his motion, adding that he, too, has walked by that site, but is not sure whether it is fresh water coming out there, or runoff; and before it is considered for development, that there certainly be environmental impact reports prepared on it. In response to inquiry by Council Member Sansone, Bob Lenard stated there was a possibility that a loop,ramp would take a portion of the property in relation to the interchange of the Corona del Mar Freeway and the San Joaquin Hills Transportation Corridor. Mayor Pro Tem Hart stated that after spending some time with the Planning Commissioners to understand what the trade -offs were with The Irvine Company, she supports the Planning Commission, and will be voting against the motion, Volume 42 - Page 455 GPA 87- 1(A &E) COUNCIL MEMI AG�Z��G�YPA c+ol. Ayes Noes Motion • All Ayes ion Ayes CITY OF NEWPORT BEACH xIxIxlxIxIx x MINUTES October 24, 19118 The motion, as presented, was voted on and carried. SPECIFIC SITES: Freeway Reservation East Council Member Turner made a motion to approve IV -C, as follows: "Single Family attached, 76 dwelling units (Existing General Plan)." Mayor Cox stated, that personally he hopes that nothing is built on the subject property, and he added that three or :four years ago he attempted to have this property entitlement transferred some place else so that the City could have an open corridor, but to take this land without some transfer capability here, doesn't makes sense. He added that it is a great open space corridor and at one time the City had over $1 million dedicated to the landscaping and beautification of that area, and by not leaving some entitlement we would not have some negotiating ability to change this, and he further stated that he will support the motion. The motion, as presented, was voted on and carried. SPECIFIC SITES• Marinapark Bob Lenard responded that the language originally proposed was based on what existed in the current version of the Land Use Element of the General Plan, and Recreation and Open Space Element. He stated he has provided some language to make the language in the General Plan now more consistent with that already adopted by the City Council in the context of the lease, which has been renewed since the adoption of the Recreation and Open Space and the previous Land Use Element. Council Member Strauss, stated that the foregoing was a very good explanation. He added that he was one of those involved in negotiating the lease which doesn't expire until the year 2,000, and wanted to make it clear that the City Council, at that time, would have the Volume 42 - Page 456 GPA 87 -1(A& E) CITY OF NEWPORT BEACH COUNCIL MEMBERS y n \SX\I6\ rG9Z �G�g A� ��'P "tOctober 24, 1988 MINUTES GPA 87 -1(A& E) authority to do what they wanted to do; therefore, he made the motion to revise the language on pages 34 -35 of the draft • Land Use Element, as follows: "Marinapark. This site is located on the bay front between 18th Street and 15th Street. It is designated for Recreation and Environmental Open Space, and is proposed to be ultimately used for aquatic facilities, expanded beach and community facilities such as the existing American Legion. The existing mobile home park use will be allowed to continue until the end of the existing lease. At that time the City will make the decision as to whether the lease should be further extended, or the property converted to public use." SPECIFIC SITES: St. James Church Council Member Strauss commented that for four or five years the church has been trying to expand, with adequate parking. He added that they also considered selling the property to a commercial group, but could not do this if the Institutional designation was placed on it, and the question is whether or not there is any way to let them have a commercial designation for a year or two so that they can sell the property. David Anderson, St. James Church, Via Lido, addressed the Council, stating that as he understands it, they do have, unless the City changes it, the retail, service, commercial zoning, and that the City would be changing it to a governmental, educational, institutional designation; therefore, they are not asking for something that they don't already have. He added that the value of the property is considerably different if it is commercial vs. governmental, perhaps as much as $800,000 or $1 million, and makes quite a bit of difference if they were to sell • it to buy some other property nearby. He also stated that it makes quite a bit of difference in the circumstance that the church finds itself, as they are in some preliminary negotiations with Volume 42 - Page 557 GPA 87 -1(A& E) • Motion COUNCIL MEMBERS x Motion x Ayes x x Noes x x x • Motion • CITY OF NEWPORT BEACH X I x X MINUTES October 24, 1988 lenders and want to use the property as CPA 87 -1(A& collateral, and if the property was E) maintained at least for a couple of years zoned as commercial, as it now is, lenders are at least willing to talk to them. Discussion ensued, wherein Council Member Turner stated he believes that they should be consistent throughout the City regarding zoning for the churches. He added that if the congregation does decide to sell the property, they are not prohibited from asking for a General Plan Amendment, changing the zoning back, and that the value may even exceed what it might be if it is rezoned to government, educational, institutional; therefore, he made the motion to support E -1, which changes St. James Church zoning to "Governmental, Educational and Institutional (Planning Commission Recommendation). 01 Council Member Strauss made a substitute motion that, under the peculiar circumstances this church faces, we retain the retail, commercial, service at 05.7/75 FAR for not longer than two years, and at the end of the two years, it would become governmental, educational and institutional. SPECIFIC SITES: Crown House /A. T. Leo's Site Council Member Sansone made a motion to adopt F -1, "Retail and Service Commercial at 0.5/.75 FAR (Planning Commission Recommendation) with the height being limited to 24 feet measured from the top of the adjacent Pacific Coast Highway curb." Dick Nichols, representing the Corona del Mar Community Association, addressed the Council, stating that originally he did not have too much sympathy for the people who opposed A.T. Leo's, and after investigating this site he found that the whole back half is residential, and what the residents were complaining about was a parking lot that was on residential, that was making noise as if it were zoned commercial. He added that now what is being done on this particular site is taking over half of the site which is residential and Volume 42 - Page 458 COUNCIL MEMI3ERS 4P'A • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 converting; it all to commercial, allowing the buildable and the setbacks to be all commercial on the entire property, and where there was a 20 foot alley on the site that separated residential from commercial, where it presently has a 20 foot alley and a lot separating, because it was used as a parking lot, and all of that is being abandoned. He further stated that if it were just residential, the people would have the height limit suggested by Council Member Sansone, but they would know that they would not have a full -blown commercial establishment there that: can have full underground parking because it has access to that whole lot, which is about 140 yards long, and a good deal bigger than a football field, with plenty of room for a massive development, if it is zoned commercial. He stated that he thinks the height: limit helps, but we would have access problems on Hazel and Coast Highway because there are no turn - arounds, and the size of the building on that would be bigger than the previous project that was withdrawn because of so much opposition from the residents,. Bob Lenard stated, that as Mr. Nichols indicated, the property had been designated in the General Plan for a portion of it being commercial and a portion residential, and continued with the following history: When the first congregate care project came before the City Council, the project was approved and the General Plan was changed to allow nothing but a congregate care facility on that property. Because of the controversy associated with that project and its subsequent revision, the Planning Commission's recommendation, as it is coming to Council, would eliminate that restriction that it only be a senior citizens housing facility to allow commercial use like the rest of the Corona del Mar area, with the ability to build senior citizen housing existing as it does in all of the areas of Corona del Mar. The property is currently zoned P -C and has been combined into one single parcel of land. Any development of the parcel would have to conform to the setbacks, ingress and egress requirements that would be developed in the use permit, and under that P -C zoning. Volume 42 - Page 459 GPA 87 -1(A& E) CITY OF NEWPORT BEACH COUNCIL MEMBERS AAI i Al c 1 9G� October 24, 1988 0 • MINUTES Discussion ensued, wherein Len Seltzer, 519 Hazel Drive, who spoke from the audience, stated that a massive building in that area on that lot is what the residents have been fighting against for a year, and commercial use would make the buildable far greater, and as obnoxious to the residents as what was finally forced to be withdrawn. Bob Lenard, in response to Council inquiry, stated that Mr. Nichols' comments :regarding setbacks, and ingress and egress, are not accurate, because the City would be required to approve a use permit, or a P -C zoning for the property. He added, that in terms of the allowable building bulk, if bulk is the only issue regarding use, with a facility Like the congregate care facility that would be proposed for the property, you could go up to .75 FAR because of the low traffic generation characteristics of that type of a use. In addition to that, based on the previous straw votes of the Council, you could add to that a .25 FAR credit for any above grade structure parking, and as far as building bulk you could have a 1.0 structure on the property, subject to the review of the Planning Commission and the Council at the zoning stage. The Planning Director stated that the City's P -C zoning allows a piece of property within the P -C zone to be developed either, subject to a P -C developed plan, which could be a customized zoning ordinance specifying heights, setbacks, types of uses, FAR, and would allow a developer to come in with a use permit without any previously developed. P -C development plan, or it would allow the developer to substitute one of the existing zoning districts as the P -C developed plan. For example, it could say,'residential use, subject to the R -1 single family residential zone, and in this case they would build one, possibly very nice single family dwelling on this large piece of property. If the intent of the people in the area, and the City Council was to tie this to some type of P -C development plan that is going to be adopted subsequent to the adoption of the General Plan, perhaps it should say that the P -C development plan is going to be a text or a customized zoning ordinance, and not ;just a use permit or a referral to one of the other planning districts. Volume 42 - Page 460 COUNCIL MEMBERS �-k • All Ayes Motion All Ayes • Motion • X X CITY OF NEWPORT BEACH MINUTES October 24, 19138 The City Attorney suggested that language should be put in the plan that waives the requirements in the P -C standards for minimum acreage size, so that there is a requirement with no loopholes. Further, he stated that there be no development of the site until there is a P -C zoning applied to the property and that the minimum acreage provisions of the P -C zone will not apply to this site, i.e., there has to be a P -C :cone approved by the Planning Commission before there is any development approved on the site, plus any other approval required. The motion, as presented by Council Member Sansone, and amended to add "that provided no development shall occur until precise zoning of the site, and that the minimum_ acreage standards of Chapter 20.51 of the Newport Beach Municipal Code shall not apply," was voted on, and carried. ERRATA: Mayor Pro Tem Hart made a motion to approve the following: "The revisions indicating typograhpic errors and numeric corrections contained in the October 5 and October 10 errata shall be adopted." CIRCULATION ELEMENT: Dover Drive Discussion ensued regarding the projected Volume -to- Capacity ratio, and the Public Works Director added that this would be .75 as a Major, .95 Primary Augmented, and 1.12 as Primary arterial, so as a Straight primary, it would be exceeded. He stated that the Planning Commission recommendation was to retain it as a Major designation with the .75 V/C ratio, which would allow for a Level of Service "C," for the year 2010. Motion was made by Mayor Pro Tem. Hart to approve the Planning Commission recommendation as follows: "Dover Drive between Coast Highway and Westcliff Drive shall be a Major roadway (6 lanes)." Volume 42 - Page 461 GPA 87 -1(A& E) COUNCIL MEMBERS �GpyA�G �'A Gf 9 G • Ayes Noes Motion All Ayes Motion All Ayes • • x I x I x IX I x x CITY OF NEWPORT BEACH MINUTES October 24, 1988 Further discussion ensued, wherein, the Public Works Director stated that this straw vote item is addressed only to the reach of Dover Drive between Coast Highway and Westcliff. x x The motion, as presented, was voted on and carried. Marguerite Avenue x Discussion ensued, wherein Council Member Sansone made a motion to "delete the arterial road designation of Marguerite Avenue between Coast Highway and Fifth Avenue." Balboa Peninsula Council Member Hart made a motion to add implementation program Number 3 on page 24 of the draft Circulation Element, as follows: "The City shall biannually monitor winter and summer traffic volumes on the Balboa Peninsula, and make the information available to the City Council." Discussion ensued, wherein Council Member Strauss, amended the motion to read that "The City shall annually monitor in February and August traffic volumes on the Balboa Peninsula and make the information available to the City Council." CORONA DEL MAR - CARNATION MULTIFAMILY AREA: Bob Lenard stated that this property was originally designated as were many others in the area, for densities of one unit for every 2,178 sq. ft. of land area, which is 20 dwelling units per acre, and which is the standard that the City currently uses in the West Newport Triangle Area. He added that since the development of that standard, inquiries from property owners in the area who are interested in developing that particular project, requested that because of the lot size in that area, that just a very minor adjustment be made to that standard to change it to 2,140 sq. ft. because of their particular lot size in that area.. Volume 42 - Page.462 87 -1(A& COUNCIL MEMBERS Motion • All Ayes • Motion All Ayes C x CITY OF NEWPORT BEACH x MINUTES October 24, 198'8 Discussion ensued, wherein Council Member Sansone made the motion to adopt "B. Change the standard to 1 dwelling unit per 2,140 square feet of land area per dwelling unit." David Diem, 18 Corporate Plaza, and representing Westland Commercial Corp., currently holds an interest in this piece of property, and one of his concerns was that he was startled to see that City is actually taking a number of 1,200 sq. ft. of land required per dwelling unit, and increasing it to almost double, 2,178 sq. ft. per dwelling unit. Staff indicated to him that one of the reasons for doing that is that the average lot size in Corona del Mar is 30 x 118, which equates to about 3,540 feet and they wanted to get the number above that 1,770 sq. ft. number. But to raise it between that number and the 2,178 number, substantially sets this very small R -3 area very stringently, and does not allow other property owners in that area to really redevelop their land. The motion, as presented, was voted on and carried. SENIOR CITIZEN HOUSING IN COMMERCIAL AREAS: Council Member Turner made the motion to approve "B. Require Senior Citizen Housing facilities constructed in commercial areas to strictly conform to the FAR limits established for other commercial uses." Lido Peninsula Bob Lenard responded to Council inquiry, stating that this is just an oversight, in going over the transition for some of the commercial sites between the original .5 Citywide standard being proposed and the mixed use standard, and Lido Peninsula is.one of the areas that didn't get changed. Discussion ensued regarding the growth projections, wherein Mr. Lenard stated that the Land Use Element projections are based on a straight .5 FAR, and one of the reasons it shows so much growth is because of the low intensity uses, such as the shipyard and the restaurant, which are low FAR's, although high Volume 42 - Page 463 87 -1(A& COUNCIL MEMBERS A6 ! no • Motion All Ayes Motion All Ayes X x CITY OF NEWPORT BEACH MINUTES October 24, 1988 traffic generating uses. He added that the ultimate FAR would either be at a less or more than that .5 projection depending upon the types of uses that were ultimately proposed, but there would be that much growth allowed, assuming that the average FARS for that area were developed at .5. Council Member Strauss made the motion to "Add language to the draft Land Use Element clarifying that the commercial FAR for Lido Peninsula is .5/.75 with the same traffic generation limits as other commercial areas." Mayor Cox closed the public hearing, bringing it back to the Council for discussion. Mayor Pro Tem Hart made the motion to adopt the following: Resolution No. 88 -99, certifying the Environmental Impact Report; Resolution No.88 -100, rescinding the General Plan Policy Report (adopted March 13, 1972 and amended September 9, 1985) and the Land Use Element and Map (adopted February 11, 1985) as amended; and adopting the Land Use Element and Map (as well as amendments to the Local Coastal Program, Land Use Plan, the Recreation and Open Space Element and the Housing Element, to insure internal consistency with the Land Use Element) dated September 8, 1988, and the Land Use Element and Map :Errata Sheets dated October 5, 1988, as revised by the straw votes; and Resolution No. 88 -101, rescinding the Circulation Element and Master Plan of Streets and Highways (adopted March 11, 1974) as amended, and adopting the Circulation Element and Master Plan of Streets and Highways (as well as amendments to the Local Coastal Program, Land Use Plan, to insure internal consistency with the Circulation Element) dated September 8, 1988, as amended by the straw votes. Volume 42 - Page 464 CPA 87 -1(A& E) Res 88 -99 Res 88 -100 Res 88 -101 COUNCIL MEMBERS G,py fG ypa of, �y'v • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 3. Mayor Cox opened the continued public hearing and City Council review of an APPEAL BY SAID SHOKRIAN, Corona del Mar, from the unanimous denial by the Planning Commission on August 18„ 1988 of: A. TRAFFIC STUDY NO. 48 (REVISED) Request the acceptance of a traffic study so as to allow the construction of a 15,950± sq. ft. retail- office building in the "Retail Service Commercial" area of the Mariners Mile Specific Plan. The proposal also includes the acceptance of an Environmental Document; /1k17 B. SITE PLAN REVIEW NO. 49 Request to permit the construction of a 15,950±- sq. ft. combined office - retail commercial building on property located in the "Retail Service Commercial" area of the Mariners Mile Specific Plan Area. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking; 0 C. VESTING BESUBDIVISION NO. 876 Request to approve a vesting resubdivision so as to resubdivide two existing parcels of land into a single parcel for commercial development on property located at 2912 and 2030 West Coast Highway, in the "Retail Service Commercial" area of the Mariners Mile Specific 'Plan. Report from the Planning Department, was presented. Recycled Appeal application from Said Shokrian, dated August 24, 1988, was presented. Letters from J. Brennan Cassidy, M.D.,; and Jan D. Vandersloot, M.D., in favor of the project, were presented. Volume 42 - Page 465 Resub 876/ Site Pln Rv# 49/ Trc Stdy 49 Shokrian (84) COUNCIL 0 • r �i MEMBERS CITY OF NEWPORT BEACH MINUTES October 24, 1988 The Assistant City Clerk advised that the following letters were received after the agenda was printed from Attorney Stephen A. Ellis, Harwood, Adkinson & Meindl, representing Mr. and Mrs. Jack Mau, owners of China Palace, in favor of denial; and Dr. Jan D. Vandersloot regarding the subject project's effect on the Lancer's view corridor from Cliff Drive Park. The Executive Assistant to the City Manager stated that this project comes under the heading of an appeal, but actually it is a new project. He added that the project started out with over 23,000 sq. ft. that exceeded the basic height limit, and also triggered the Traffic Phasing Ordinance (TPO), and the project has been modified so that it is now less than 16,000 sq. ft., within the basic height limit, and also meets the TPO. The Planning Director commented that the Traffic Study, which was prepared for'the project, represents an attempt to analyze what can be built on the property, but it is not necessarily 15,950 square feet of development, as it is divided into two uses; retail of 6,750 square feet; and office use of 9, 200 square feet. He stated that this particular development has a Floor Area Ratio (FAR) of.7; where the preceding development had an FAR of .69; 93 parking spaces, vs. 65, and both projects take their access to Avon. He further stated that, although staff has suggested in the Conditions of Approval a time limit of four years, the Council may wish to change that (unless there is a different time limit specified, there would only be a 24 month, or two —year time limit on the approval of the Site Plan Review). He also added that in reviewing the Conditions of Approval, if it is not already covered under one of the existing conditions, staff recommends that a condition be added which would address the issue of the screening, of the roof top mechanical equipment, so that it would not be visible from the park or future residential projects. Volume 42 — Page 466 a Resub 876 Shokrian COUNCIL MEMBERS •� ° y o Gy�<Gpp� CITY OF NEWPORT BEACH October 24, 1988 MINUTES _ Brion Jeannette, architdct for the applicant, addressed the Council, stating that there would be no problem • with the screening requirement, and accepted the condition. He referred to two items on page 7 of the staff report, stating that there should be some way to alert the traffic engineering staff when there are certain kinds of projects that might trip the TPO before the applicant starts the project; and the fact that the traffic created by this project (15,950 sq. ft.) will be 50% of the traffic on Avon, thus establishing a dollar item of $15,000 to help create widening of Avon. He questioned the fact that the 1% traffic the project would be creating at the intersection, really is 50% of the traffic on Avon. In response to Mayor Pro Tem Hart, Brion Jeannette addressed the issue of 24 -month continuance vs. 4 years, wherein he stated that there presently is litigation between Mr. Mau and Mr. Shokrian that maintains the ability for Mr. Mau to occupy the building on the old China Palace site, which disallows the applicant from demolishing it and going forward, and this does not run out • until 1991., which is just 2 years away. He added that the applicant could certainly accept a 3 -year time period if this would be acceptable to Council. Discussion ensued, wherein the Planning Director, in response to Council inquiry regarding the foregoing time limit request, stated this particular application is a vesting map along with a site plan review, which means that when the project is approved, it is approved subject to the plan and all of the ordinances, etc., that are in existence at the time the approval is given. He added that when their approval runs out, say in 2 years, they would not be allowed to proceed under the same regulations, but would have to satisfy the ordinances, policies and plans in effect at the time. Gail Demmer, representing the Newport Heights Community Association, stating • that they did review the plan in its original conception and drawing, and recommended the Planning Commission deny the project due to the fact that it was tripping the TPO, a third story, and was Volume 42 - Page 467 Resub 876 Shokrian. COUNCIL MEME y n\ •,Gyy�`G��� of • • Motion 11 x CITY OF NEWPORT BEACH MINUTES October 24, 1988 obstructing partial view. She added that they are very grateful that these items have been mitigated, and although they have not seen the plans; however their association is concerned about Avon Street, its growth and its destination. She further stated that they have concerns about the egress and ingress of Avon Street. Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council referring to his last letter in which he requested his comments for qualified support of the.revised project be modified. He stated that after looking at the blueprints; it is clear the Lancer's view corridor from Cliff Drive Park could be totally obliterated from the right -hand corner of the park above the first flight of stairs into the park, and proceeded to illustrate his findings on the wall diagram. He offered a solution, stating that by providing a view corridor by way of a curb cut on Coast Highway along the entry to the Shokrian property, the Lancer's view corridor will be maintained. He added that one curb cut there would still allow removal of two existing curb cuts, and access here could take pressure off Avon Street and Riverside Avenue so that a traffic signal may not be required. He concluded by stating that more analysis of the issues should be made, as both the Planning Commission and the Newport Heights Community Association have not reviewed the blueprints of this modified project. After hearing no one else wishing to address the Council, the public hearing was closed. Discussion ensued, wherein motion was made by Council Member Turner to: (a) Overrule the decision of the Planning Commission and approve the Vesting Map of Resubdivision No. 876; and (b) Approve the Revised Traffic Study No. 48; and Volume 42 - Page 468 876 COUNgCIL MEMBERS \11C. 0 All Ayes CITY OF NEWPORT BEACH MINUTES October 24, 1988 (c) Approve Site Plan Review No. 49, with the Findings and subject to the Conditions of Approval, as set forth in the staff report, with the exception that Page 14, Item No. 25 be changed to read "..24 months..." The City Attorney offered information to the effect that the Vesting Tentative Map Ordinance gives the individual three years to file the final map, and one year to build the project once that final map is filed, and it also allows a one -year extension, so the applicant has up to five! years, under the ordinance, to proceed with the project if the Planning Commission, or Council grants that one year. Discussion ensued, wherein action (c) in the foregoing motion was revised to leave it as is stated in the staff report (48 months). 4. Mayor Cox opened the public hearing regarding PROPOSED ORDINANCE NO. 88 -39, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE PROHIBITING THE CREATION OF SECOND FAMILY UNITS IN SINGLE - FAMILY OR MULTI- FAMILY DISTRICTS (PLANNING COMMISSION AMENDMENT NO. 6691, was presented for second reading with report from the Planning Department. The Executive Assistant to the City Manager very briefly summarized that State law provides, as a matter of right, the establishment of . second - family units in all residential districts. A second - family unit is distinguished from a granny unit in that second - family units can be in any residential district and with no age restriction; wheieas, a granny unit is only in R -1 Districts, and the occupants have to be over 60 years of age. Volume 42 - Page 469 (94) ly Units 669 COUNCIL MEME y n\ Motion All Ayes C7 Motion All Av 0 x CITY OF NEWPORT BEACH MINUTES October 24, 1988 The Planning Director, added that basically„ what this says is that you are not going to allow the second - family units mandated by the State in those areas where they could get either a second unit in an R -1 zone, or a second unit in a multi - family zone due to the size of the parcel, and this doesn't prevent anybody from building a duplex or triplex. After hearing no one wishing to address the Council on this issue, the public hearing was closed. Mayor Pro Tem Hart made a motion to adopt Ordinance No. 88 -39, amending the Municipal Code so as to prohibit the creation of second family units in single - family or multi - family districts. 5. Mayor Cox opened the public hearing and City Council review of the PROPOSED 1988 -91 HOUSING ASSISTANCE PLAN for submission to the U.S. Department of Housing and Urban Development (HUD). This plan sets annual housing assistance goals for new construction of affordable rental housing, for housing rehab assistance, and for families to be assisted by Section 8 Rental Assistance Program. Report from the Planning Department, was presented. The Executive Assistant to the City Manager stated that the short form refers to the necessary documentation to acquire the West Newport Community Center; and the long form is a little more involved, which refers to the policies and plans for the housing and assistance plan for the next one to three years. Hearing no one in the audience wishing to address the subject item, the public hearing was closed. Motion was made by Council Member Strauss to authorize the City Manager to submit s three year and one year Housing Assistance Plan (HAP) to the U.S. Department of Housing and Urban Development (HUD) as required, to receive the next three years of Community Development Block Grant Funds. Volume 42 - Page 470 HAP /HUD 1988 -91 (87) COUNCIL MEMBERS y � • Motion All Ayes • ix CITY OF NEWPORT BEACH MINUTES October 24, 1988 E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on November 14, 1988 - (a) Removed from the Consent Calendar. (b) Proposed ORDINANCE NO. 88 -41, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION 5.41 PERTAINING TO NONCOMMERCIAL SOLICITATIONS. [Report from Assistant City Attorney] (c) Proposed ORDINANCE NO. 88 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION 12.52.050 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE THE PORTION OF THE OCEAN FRONT ALLEY BETWEEN M STREET AND CHANNEL ROAD AS ONE -WAY IN THE EASTERLY DIRECTION. [Report from Traffic Affairs Committee] Schedule for public hearing on November 14, 1988 - (d) Proposed ORDINANCE NO. 88 -43, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE REVISING THE DEFINITION OF THE TERM "DWELLING UNIT" (PLANNING COMMISSION AMENDMENT NO. 671). [Report from the Planning Department] Volume 42 - Page 471 Ord 88 -41 Bus Lic Noncmcl Solicitation (27) Ord 88 -42 Vehicles/ Trfc (85) Ord 88 -43 Dwelling Unt PCA 671 (94) COUNCIL MEMBERS �G,p2 �G ROLL CALL • CITY OF NEWPORT BEACH MINUTES October 24, 1988 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -102 modifying the existing parking restrictions on certain streets in the vicinity of Newport Harbor High School and rescinding Resolution No. 88 -15. (Report from Traffic Affairs Committee) (b) Resolution No. 88 -103 extending the term of the Council Ad Hoc Airport Committee. (c) Resolution No. 88 -104 approving the application for Grant Funds for the Per Capita Grant Program under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 for vilest Newport Community Center Refurbishment. (Report from Parks, Beaches and Recreation Director) 3. CONTRACTS/AGREEMENTS: (a) Removed from the Consent Calendar. (b) Award Contract No. 2574 to Devcon Enterprises, Inc., for the total price of $307,337, for BAYSHORES SCREEN WALL; and authorize the Mayor and City Clerk to execute subject contract. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: Rstrctns/ Res 88 -102 (63) Ad Hoc Arprt Cmte Res 88 -103 (24) PB &R /WNpt Cmnty Ctr Res 88 -104 (62) Screen Wall C -2574 (38) (a) To Traffic Affairs Committee for TAC consideration, letters from Debra (85) Miller and Mrs. Carol Senour, regarding the traffic congestion and stronger traffic control regarding speed on the Peninsula. (b) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from FISH - HARBOR AREA, INC., expressing thanks for the City's contribution of $1,600 to their organization. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: Volume 42 - Page 472 (36) COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES October 24, 1988 (a) William L. Calhoun alleging personal injuries as a result of fall on "mossy" sidewalk caused by slippery surface due to sprinklers on 1540 Jamboree Road (in front of Sterling Motors) on September 2, 1988. (b) Chubb Group of Insurance Companies Chubb Grp/ for :Michael T. Ray alleging damage Ray to personal property as a result of sewer backup at 408 Hazel Avenue on August 11, 1988. (c), Larry Gravatt alleging wrongful arrest, false imprisonment, etc., at intersection of 39th Street and Seashore Drive on July 4, 1988. (d) David R. Guzman alleging damage to vehicle, as a result of tree falling onto it on Orchid Avenue, Corona del Mar, on July 12, 1988. (e) Terry Harris alleging injuries sustained while riding his bicycle and running over cable television box approximately 4" lower than bicycle route surface grade on east side of Irvine Avenue, north of 22nd Street, on August 8, 1988. (f) Ray H. Johnson alleging that excessive methane gas emanating from subsurface of property caused loss of reasonable rental value of property at 2441 Marino Drive. (g) Janet Kane alleging her parked vehicle was hit by City truck in parking lot at 2229 East Pacific Coast Highway on September 13, 1988. (h) Ricky Miller alleging City Police Department invaded his private property at 1200 Esplanade, Redondo Beach, on August 8. 1988, causing him emotional distress, etc. (i) State Farm Insurance Company for Thompson Parrett, alleging claimant's vehicle was hit by City vehicle at W. Balboa and 15th Street, on May 2, 1988. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. Volume 42 - Page 473 7 Farm/ COUNCIL MEMI S c' G�2 (�A �f .A • C CITY OF NEWPORT BEACH MINUTES October 24, 19138 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) 0 i[9 (a) One Parking Control Officer, Traffic Division. (b) One Account Clerk, Purchasing Division. (c) One Field Operations Superintendent, Field Maintenance Division. (d) One Librarian, Newport Center Library. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Traffic Affairs Committee recommending ELIMINATION OF PARKING ON THE SOUTH (OCEAN) SIDE OF SEASHORE DRIVE, from Orange Street to the west end of Seashore Drive at Summit Street. For Council information and filing: (b) Report from HARBOR QUALITY CITIZEN'S ADVISORY COMMITTEE regarding citizen reports of suspected illegal vessel waste discharges into Newport Bay. (c) Removed from the Consent Calendar. PUBLIC HEARING SCHEDULING: None. (66) Trfc/ SeashrDr SouthSide/ Pkg elmntn (85) Harbor Qlty CAC (24) 11. CHANNEL PARK RESTROOM CONSTRUCTION AND Channel Prk OTHER IMPROVEMENTS /CONTRACT NO. 2664 - Rstrm Cnstr Affirm the Negative Declaration of C -2664 Environmental Impact for the restroom (38) and other improvements in Channel Park. (Report from Public Works Department) 12. COUNTY DOCK PROPERTY /CONTRACT N0. 910 - County Dock Authorize the City Manager to sign right Prpty of entry permit for storm drain easement C -910 across the City. (Report from Public (38) Works Department) 13. AMENDMENT NO. 604 - Accept the public PCA 604 improvements constructed in conjunction (94) with Amendment No. 604 (1400 Dove Street, in the Newport Place Planned Community); and authorize the City Clerk Volume 42 - Page 474 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 to release the Faithful Performance Surety and Labor and Materials Surety in the form of a cash deposit (Receipt No. 03341 accepted by the City on April 5, 1988, into Account No. 02- 217 -02). (Report from Public Works Department) 14. 1988 -89 STREET RESURFACING PROGRAM /CONTRACT NO. 2708 - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., November 17, 1988. (Report from Public Works Department) 15. CARNATION COVE REPORT - Approve the following recommendations as set forth in the staff report: remove concrete debris from below the street and bulkhead; construct a wood railing across the street end; propose a cooperative project with the City and the Carnation Coves Homeowners Association to dredge sand on the Beach at Carnation Coves; provide $45,000 ($11,250 City and $33,750 Carnation Coves Association) in 1989 -90 Budget; direct staff to prepare a cooperative agreement with the Carnation Coves Association and /or property owners to implement the project; direct staff to pursue preparation of plans and specifications for project; direct staff to obtain permits for the project; City participation in this project is not to be considered a precedent for any potential future projects; and City participation in this project does not imply any City responsibility for the existing private bulkheads. (Report from Public Works Department) 16. REMODEL LIFEGUARD HEADQUARTERS AND CONSTRUCT NEW RESTROOM AT NEWPORT PIER /CONTRACT NO. 2721 - Approve the plans and. specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., November 30, 1988. (Report from Public Works Department) 17. HARBOR PERMIT APPLICATION 259 -196 - Uphold staff's recommendation to approve the application of BRUCE BEVAN to revise the residential float bayward of 106 South Bayfront, subject to conditions listed in the staff report. (Report from Tidelands Affairs Committee) Volume 42 - Page 475 88/89 St srfcg Prg (38) feguard HQ New Rstrm t Pier (38) (51) Perm COUNCIL MEMBERS y � 0 C • CITY OF NEWPORT BEACH MINUTES October 24, 1988 18. SPECIAL EVENTS PERMITS - Uphold staff's Permits/ recommendation for approval, subject to Spcl Evnts conditions listed in the staff report (65) from the Business License Supervisor for the following: (a) Application #88 -334 - Apli #88 -334 Temporary street closure on Sunday, November 20 from 7:00 a.m. to 10:00 a.m., at Newport Center for UCI Medical Center 5K and 10K Runs; and (b) Application #88 -392 - Public Apli #88 -392 fireworks display on Friday, October 28 from 8:30 p.m. to 9:00 p.m., at Davidson Field for Costa Mesa High School half time homecoming football game. 19. ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE EQ /CAC VACANCY - Accept with regret, the (24) resignation of Helen A. Anderson from the subject committee, and direct City Clerk to post vacancy notice. 20. BUDGET AMENDMENTS - For approval: (25) BA -030 - $1,300 Increase in Budget Appropriations and Revenue Estimates for purchase of stereo system for the Grant Howald Community Youth Center Game Room; Parks, Beaches and Recreation - Self Supporting Fund. (Report from Parks, PB &R Beaches and Recreation Director) (62) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Statement and signed petitions (on file Aviation with the City Clerk) from permanent Cmte residents and part time residents, for (24) the immediate relief from the current John Wayne Airport takeoff pattern circulated by the Coalition of Homeowners and Newport citizens of Eastbl.uff, Balboa Island, and Peninsula Point coordinated by Mimi Singleton, were presented. Council Member Maurer stated that a representative was in the audience regarding; the petition from residents in the Balboa Island, Peninsula Point and Eastbluff: communities, and introduced Mimi Singleton. Volume 42 - Page 476 COUNCIL MEMBERS I of 9 I' • • • CITY OF NEWP ORT BEACH MINUTES October 24, 1988 Mimi Singleton, 315 Sapphire, Balboa Island, and Chairperson for Citizens for Air Route Equity, addressed the Council, stating that the purpose of their petition is for immediate relief from the current John Wayne Airport takeoff pattern. She added that the people living under the John Wayne Airport route path have been bearing the entire burden of the turn and takeoff pattern for 14 years. Also, she stated the petition presented includes thousands of signers from Eastbluff, Park Newport, Promontory Point, Bayside, Balboa Island, Peninsula Point, Irvine Terrace and Sea Island. Ms. Singleton stated that their organization is forced to bring the petitions to the City Council because they have not been unable to get, what the residents consider, fair representation on the Newport Aviation Committee,, adding that there is unequal representation, but that the areas of east, west:, upper and lower portions of the Bay are fully represented. Dan Stringer, 700 South Bay Front, Balboa Island, President of the Balboa Island Improvement Assocation, addressed the Council, stating that this petition is still being circulated and the problem is the concern of many people. He added that they are appreciative of the Aviation Committee's fine presentation at one of their recent meetings and the effort being put forth in powering up the thrust over the ocean, as well as doing the computer model studies for higher altitude take offs. He commented that both Dave Twitchell, who is the outgoing President of their association, and he considers this issue of the air route traffic over the island and over the other affected areas, to be the most important issue, and their association gives their full backing to the Citizens for Air Route Equity. Mr. Stringer continued that the arguments they get seem logical coming from the staff and the Aviation Committee about the second turns being unsafe, etc., and the decibel readings being equal, but this doesn't lessen the burden on the island. Volume 42 — Page 477 Aviation Cmte COUNCIL MEMI � ti 4p� 0 r� L • CITY OF NEWPORT BEACH MINUTES October 24, 19138 Bill Wren, Balboa Peninsula Point Association, addressed the Council, stating the petition that was circulated on the Peninsula had excellent response, and the message is, let's study this problem, but in a rational manner. He also stated that they do feel the representation that their association has is inadequate with only an alternate for their area on the Aviation. Willis Longyear, Chairman of the Airport Committee for Lido Isle Community Association, addressed the Council and stated that, while he is very sympathetic with the people on Balboa Island, he would be similarly upset if the flight: path was moved to affect their area. He also stated that if the route was moved to straighten it out, all of Backbay on the left side would get more noise than Balboa Island now does, as it would be travelling over a much higher density, and they would just be moving the route over to somebody else. He further stated that he would like to pursue matters like changing the flight profile, as the City is now considering, and working with Balboa Island to support the City's effort to seek alternate sites for the airport. Rhea Dorn,, 1116 Dolphin Terrace, Irvine Terrace, addressed the Council stating that her family has lived there for over 23 years, and have experienced the changes and affects from the airport. She commented that she can count the passengers in the planes that go over her house„ and they don't need an alarm clock anymore. She added that if Balboa Island is impacted, Irvine Terrace, which is much closer to the airplanes, is most affected by the flight route. Further, she stated that they are grateful that the people on the Island have taken the initiative to help all of them, and hope the Council will consider giving equal representation so that solutions can be found for the entire City. Council Member Cox commented that the Aviation Committee has worked long and hard, and they welcome everybody's participation in trying to address this issue to solve the problem. He added that the :suggestion this is a weighted Committee, in his view and experience, Volume 42 — Page 478 Aviation Cmte COUNCIL MEMBERS �A • • • CITY OF NEWPORT BEACH MINUTES October 24, 1988 is untrue. He further stated that there Aviation have been instances when they could not Cmte get people: to serve on the committee and get involved in the process, but the Aviation Committee is dedicated to finding a solution to this problem. Council Member Maurer stated that he was sorry to hear that this problem would pit one community against another, but he remembers when the City first signed the Airport Agreement, he and his wife felt that the noise was not really as bad as it had been. But he added, that at the beginning of this summer, his wife expressed that the noise has become much worse:. He requested the City's Airport Liaison, Ken Delino, to go over the reports of the sounds to see if this has not irLereased this last summer, and report this information to the residents. Ken Delino, Executive Assistant to the City Manager, and Airport Liaison, stated thELt the Aviation Committee acknowledges Council Member Maurer's comments, and added that the Committee now has the authorization to hire an acoustical. consulting firm, which will be looking at the three main types of aircraft, the depth, profiles and flight tracks, departure characteristics, and establishing a base case on what is happening now, and where they are making that noise. He added that the Committee is aware of the problem, and will make firm recommendations to the City Council, and then go to the FAA and the Orange County Airport. Council Member Turner commented that information regarding the delayed thrust program had been requested from the County about a year ago, and the County has requested approval from the FAA, but no response has come forth from the FAA, as yet. lie referred to the representation on the Aviation Committee, and the fact that some years ago, it was apparent that other areas of the City did not seem as concerned about the airport noise, as well as members of the then City Council, and it took a long time for those people to realize the type of ramifications the airport noise had on the entire community. He further stated that the modeling program discussed by Ken Delino gives the Committee something to use and see if Volume 42 - Page 479 COUNCIL MEMBERS ti • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES October 24, 1988 flight paths can be shifted. He feels that the airport noise is worse in his area also. Further, he is pleased to hear that the Balboa Island Community Association and Lido Isle Community Association are committed to look for an alternate airport site, which is a vital part of the solution. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council, suggesting that the airport be put in the desert, and sufficient land zoned around it so that there will never be any homes underneath the flight path, and use smaller aircraft that would go from John Wayne Airport to the desert, so that the impact on the community would be quieter. Mimi Singleton addressed the Council again, reading from a letter written by Marguerite Wolcott, Airport Liaison for the North Bluff Bayview Community Association, to Council Member Strauss, requesting a change in the makeup of the Aviation Committee, that Randolph Kroenert be changed back to alternate, since there is already a voting representative from Lido Isle, and Dan Gilliland be given voting membership for the Peninsula Point area of Newport Beach for better service to the community. Motion was made by Council Member Turner to refer the subject petitions to the Aviation Committee for consideration. Aviation Cmte 2. Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING COMMISSION (68) ON OCTOBER 6, 1988; and AGENDA FOR REGULAR PLANNING COMMISSION MEETING FOR OCTOBER 20, 1988, was presented. Council Member Strauss made a motion to schedule Variance 1145 for City Council review, stating the project has some important considerations, such as more than 2 x buildable and setback problem, but after explanation from the Planning Director and comments from Council Member Plummer, he withdrew his motion. Volume 42 - Page 480 COUNCIL MEMBERS CIO; aNq A N4 ., Os"?�o • Motion Ayes x Noes x x x Motion All Ayes 11 J Motion All Ayes • X X CITY OF NEWPORT BEACH X x x x MINUTES October 24, 1988 The Planning Director commented on the Planning Planning Commission agenda of October 20,1988, and summarized, for the Council, agenda item numbers 3, 4, 5, 9, 10, and 11. Council Member Strauss made a motion to schedule public hearing on November 14, 1988, Site Plan Review No. 46, 3841 Ocean Birch Drive. After summary from the Planning Director of Site Plan Review No. 46, at the request of Council, the motion was voted on, and FAILED. Motion was made to approve the actions taken by the Planning Commission on October 6, 1988, and agenda for the regular Planning Commission meeting of October 20, 1988. 3. Report from the City Attorney Npt Dunes recommending approval of Amendments to Stlmt Agm the Newport Dunes Settlement Agreement -2394) Contract No. 2394; and authorize the (38) Mayor and City Clerk to execute said amendments, was presented. The City Attorney stated that the County has requested that a change be made to the Settlement Agreement to substitute the Director of Harbors, Beaches and Parks of EMA for the Director of EMA, but that change does not appear in the document that came to the Council. Also, he stated that there are two changes that he is proposing to make: 1) specifies that no building on the site shall exceed three stories, which is consistent with what the Council desires for that site, but is not in the agreement; and 2) conditions would require the family unit to be constructed with pitched roofs so that the City would take full benefit of the 38.5 foot height limit. Motion was made by Council Member Hart to approve the suggested action, as recommended by the City Attorney in the foregoing. Volume 42 - Page 481 COUNCIL • Motion All Ayes • 0 ,5- x CITY OF NEWPORT BEACH MINUTES October 24, 1988 4. Recycled reports from the Assistant City Commercial Attorney dated October 10, 1988 and Handbill Business License Supervisor, and updated Distrb memorandum from the Business License (27) Supervisor of October 24, 1988, were presented regarding the proposed ordinance regulating commercial handbill distribution. Judith Martin, P.O. Box 25842, Santa Ana, and Southern California Legislative Chairperson for the American Advertising Federation, addressed the Council referring to a "misleading" article in the Register newspaper last week which said that the City announced that newspapers; could not be put on the driveways anymore. She stated that after talking to Glen Everroad, Business License Supervisor, she realized that this was not the Council's intent, but that the City was having particular problems with handbills that had been taped or staplegunned to people's homes, etc. She added that they still are a little confused with the issue, because the proposed ordinance talks about commercial handbills, and requested that some wording be inserted in the proposed ordinance to the effect that this does not include newspapers, normal pennysaver -type shoppers, thereby not restricting normal, legitimate newspaper--type operations. The City Attorney stated that the definition of commercial handbill excludes normal newspapers, and he will check on the pennysaver, to see how this fits in with the proposed ordinance, and suggested Ms. Martin call his office tomorrow to further address her concerns. Discussion ensued, wherein, Mayor Pro Tem Hart made a motion to introduce and pass to second reading on November 14, 1988, Proposed ORDINANCE NO. 88 -40, IOrd 88 -40 being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION 5.40.040 PERTAINING TO DISTRIBUTION OF COMMERCIAL HANDBILLS ON PRIVATE PREMISES. Volume 42 - Page 482 COUNCIL MEME n\ \AA\\A �t >Motion All Ayes • Motion All Ayes Motion 40 1 Ayes Ix Ix Ix CITY OF NEWPORT BEACH MINUTES October 24, 1988 H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -36, being, 88 -36 State AN ORDINANCE OF THE CITY COUNCIL OF Aid/ THE CITY OF NEWPORT BEACH AMENDING (70) SECTION 2.36.010 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STATE AID FOR TRAINING - ADHERENCE TO STANDARDS, was presented for second reading with recycled report from Assistant City Attorney and Police Administrative Division Commander, dated October 10, 1988. Motion was made to adopt Ordinance No. 88 -36. 2. Proposed ORDINANCE NO. 88 -37, being, AN ORDINANCE OF THE CITY COUNCIL OF Pera THE CITY OF NEWPORT BEACH Mari ESTABLISHING SECTION 5.18 OF THE (27) NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MARINE SPECIAL EVENT PERMITS, was presented for second reading with updated report from Business License Supervisor, and recycled report from Business License Supervisor, dated October 10, 1988. Motion was made to adopt Ordinance No. 88 -37. 3. Proposed ORDINANCE NO. 88 -38, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.66.081 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE POINT DEL MAR DEVELOPMENT, was presented for second reading with recycled report from Public Works /Traffic Engineering Department, dated October 10, 1988. Motion was made to adopt Ordinance No. 88 -38. Volume 42 - Page 483 88 -37 Evnts 88 -38 Craffic ?t. Del Mar (85) COUNCIL MEME • I1 u • CITY OF NEWPORT BEACH MINUTES October 24, 1988 I. CONTINUED BUSINESS: Status report from the Planning Department: regarding SCAG REGIONAL STRATEGIC PLAN AND DRAFT 1988 AIR QUALITY MANAGEMENT PLAN, was presented. The Executive Assistant to the City Manager, stated that the Planning Department: has done a wonderful job in condensing some 800 pages down to 28 pages of the subject report, and referred to pages 23 -28, which contains 44 separate "mandates." He added that these "mandates" should not be absolute, but rather allow municipal organizations to choose from this list and apply them to a particular situation, and recommended that the comments prepared by staff be approved for transmittal to the SCAQMD. Mayor Pro Tem Hart stated that the City Council should try to take a little more control of the City's destiny when it comes to air quality, because we have the worst air basin in the United States, and suggested that the letter be modified, and wording changed in paragraph one of the letter to show that the City is interested in some kind of compliance. She added that she thinks the City did a wonderful review. Craig Bluell, Senior Planner, in response to Council inquiry, stated that there really are two documents; the AQMP which has a control measure in it that has to do with the management of growth; and a SCAG document, which is separate from the AQMP called "Transportation Land Use and Energy Conservation Measures," to which the proposed letter is directed. He stated that this is the document that has staff concerned of what SCAG's proposed growth management is within the region, and the control measures that are being "mandated" on local jurisdictions. He added that the AQMP, per se, deals extensively with stationary sources, tailpipe emissions, etc., and does not get into the growth management measures. Volume 42 - Page 484 (68) Regnl gc Pln/ '88 COUNCIL MEMI y n\ JG,Ayr�G�4P� �t oAI 1 Or% , Motion All Ayes • • Motion All Ayes • x X CITY OF NEWPORT BEACH MINUTES October 24, 1988 Discussion ensued, wherein motion was made to direct the City Manager to forward the attached comments regarding the 1988 Air Quality Management Plan, and confirm additional wording regarding the City's support of the overall achievements of air quality standards, but that the City has some concerns about SCAC's Regional Planning. J. CURRENT BUSINESS: 1. Report from the City Manager regarding EQA /CAC MODIFICATION OF RESPONSIBILITIES OF THE (24) ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE, was presentsd. The Executive Assistant to the City Manager, stated that from the Study Session meeting on the Environmental Quality Affairs Committee they asked to have two additional functions: 1) provide communication access workshops; and 2) review Environmental Impact Reports. The City Attorney satisfied the Council's concern regarding the Committee being in a position to evaluate the environmental documents, and stated he has worked with the Planning staff regarding the language in the proposed resolution, which gives the Committee an opportunity to review the EIR's. Motion was, made to adopt Resolution No. I Res 88 -105 88 -105 reflecting the additional functions. 2. ENCROACHMENT APPLICATION of D. KROTEE Permit/ AND J. LOMBARDO - to construct 4.5 foot Encrchm high fence:, gate, bollards, theme Krotee mailbox and nonstandard pavement in the (65) public right -of -way adjacent to 2916 Clay Street, was presented. Report from the Public Works Department, was presented. The Executive Assistant to the City Manager directed Council's attention to the the staff report and the attachments, stating that staff is recommending denial because of the extra height and from the perception that this is now private property, rather than public property. Volume 42 - Page 485 COUNCIL MEMBERS y c �G��F`G�� o� 9G tan, , nu , 9 9 \� � 0 • CITY OF NEWPORT BEACH MINUTES October 24, 19138 Don Krotee, applicant, addressed the Council stating that he has lived in the subject house for three years, with his family, and added that he is an architect in Santa Ana, and has a great interest An historic buildings. He added that the focus of his business is restoration and rehab, along with commercial and residential, and he has found a "labor of love" in his home. He further added that his house is probably one of the last Victorians in Newport Beach, and maybe the only true Victorian in Newport Heights. Also, he stated that in tracing the heritage of the house, his father and he have found that during the time it was traded from the land grant: to Irvine, it was the sheep ranchers' and farmers' house that was the Old Heights originally, and sometime during the 50's and 60's the land around it was sold off, and now there is a 25 ft. high hedge, between the house and the neighbors, and no front lawn. He stated that the proposal before the Council is to create an "Old Victorian Courtyard„" and the only way to accomplish this is to establish two small areas, one off the deck and one in the front yard, but a piece of this would be in the public right -of -way, and presented some photographs and illustrations for Council's consideration to aid them in making a decision. In answer to Council inquiry, Mr. Krotee, explained that the full encroachment which was 8 feet, is now cut in half to 4 feet by the revision, and by moving the bollards back he also moved the patio and the light standard, and the light standard will be presented to Council at a later date for consideration. He added that the patio and bollards, which is the issue this evening, has been moved back half the distance of its original intrusion, and it is a very "lacey" treatment, but merely 12 inches over the standard. He further stated that, in talking with the staff, he has found that there has been some precedent for granting such encroachments if they can go back into the.three to five foot area. Volume 42 - Page 486 Permit/ Encrchm Krotee COUNCIL MEMBERS y � ROLL CALL Motion x All Ayes Motion All Ayes I* CITY OF NEWPORT BEACH MINUTES October 24, 1988 Discussion ensued regarding the historical value of the home, and considering the unique layout of the property, motion was made to approve the application subject to the following: (a) execution of an agreement for nonstandard improvements; (b) an encroachment permit from the Public Works Department; (c) building permit from the :Building Department; and (d) the setback being 8 feet from the curb, as based on the modified plan submitted by the applicant. 3. Report from the City Manager concerning the AD HOC AVIATION COMMITTEE, was presented. The Executive Assistant to the City Manager reviewed the fact that the difference: is that the City has four representatives for the homeowners associations on the Aviation Committee, and the issue is whether to have two or four alternates to those members. X Discussion ensued, wherein motion was made to approve Resolution No. 88 -106, extending the term of and consolidating previous resolutions concerning the Ad Hoc Aviation Committee with paragraph 5 modified to delete the last three words, "when deemed appropriate." Meeting adjourned at 11:50 p.m. The agenda for this meeting was posted on October 20, 1988, at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of FQ RNj l Volume 42 - Page 487 Aviation Cmte (24) Res 88 -106