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HomeMy WebLinkAbout09/11/1989 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS A �p �A f Qc REGULAR COUNCIL MEETING Gf PLACE: Council Chambers ZF ;S,j 9G A TIME: 7:30 P.M. to the DATE: September 11, 1989 Present x x x Absent x on Ayes Motion All Ayes I 11 u is x x x X x A. ROLL CALL. B. Reading of Minutes of Meeting of August 28, 1989, 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 Strauss opened the public hearing regarding proposed ORDINANCE NO. 89 -24, being, MINUTES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE; 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH A "SITE PLAN REVIEW" SPECIAL ZONING DISTRICT (Planning Commission Amendment No. 683), was presented for second reading with report from Planning Department. It was noted that under the existing Zoning Code, site plan review procedures are directed primarily toward review of projects in Specific Plan Areas. However, in recent months, the Planning Commission and City Council have required site plan review as a condition of approval of a number of projects. As additional sensitive sites are subject to increasing development pressure, it is likely that site plan review of additional projects will be warranted. In order to maximize the effectiveness of the site plan review process, it is suggested that a "Site Plan Review" overlay district be created for sensitive areas and that site plan review procedures be revised to better address projects outside specific plan areas. Under the proposed ordinance, the Planning Commission or City Council would have the ability to apply the overlay district to sensitive areas including slopes, environmentally sensitive areas, or viewsheds. Placement of any property in the overlay district would be at the option of the Planning Commission or City Council. Nothing in the ordinance would require that any site be placed in the district. Volume 43 - Page 357 Ord 89 -24 Zoning /Site Pln Rvw (94) 683 • Motion All Ayes • CITY OF NEWPORT BEACH L\ y9O� 9A lA,fl �� September 11, 1989 X MINUTES In response to some concerns raised by Council Member Turner, the Planning Director stated there have already been a number of site plan reviews applied to development projects by the City Council for which the site plan review overlay should be added. In addition, there are currently sites designated in the General Plan for site plan review which are not so designated on any other document within the City. Hopefully, by having a site plan review ordinance, such as the ordinance under consideration and actually changing the zoning and putting the overlay on the districting map, the possibility of some of these requirements "falling through the cracks," will not happen. It was also explained that site plan review provisions currently do not require a public hearing, although they are acted upon and heard at a duly noticed public meeting. Under the proposed ordinance, there is a requirement that all property owners within a 300 foot radius of the proposed site plan review be noticed. Council Member Hart suggested that the fee for site plan review be modest in amount, inasmuch as the City will benefit. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 89 -24 amending Title 20 of the Newport Beach Municipal Code zoning District. 2. Mayor Strauss opened the public hearing regarding: A. General Plan Amendment No. 89 -1(C) - Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi- Family Residential" with a density of one dwelling unit for each 1,900 sq.ft. of buildable lot area; and the acceptance of an environmental document. Volume 43 - Page 358 89 -1(C) CITY OF NEWPORT BEACH MINUTES �0 9 t�,p SS September 11, 1989 ROLL CALL B. Local Coastal Program Amendment No. 17 - Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject • property from "Retail and Service Commercial" to "Multi- Family Residential" with a density of one dwelling unit for each 1,900 sq.ft. of buildable lot area. C. Proposed Ordinance No. 89 -25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R -3 -B DISTRICT TO THE R -3 (1,900) SPR DISTRICT (Planning Commission Amendment No. 682). D. Site Plan Review No. 50 - Request to permit the construction of an eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R -3 District to 6 square feet. E. Coastal Residential Development Permit No. 16 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low- and Moderate - Income Housing within the Coastal Zone. F. Tentative Map of Tract No. 14028 - Request to subdivide an existing lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject • property. Volume 43 - Page 359 17 682 ite Pln vw#50 fti t lip 14028 CITY OF NEWPORT BEACH � � '� �A y Ap '% G9Z sp `G; 9 9� 9a G� L CALL 0 �f% N September 11, 1989 • • • MINUTES (Property located at 4030 East GPA 89 -1(C) Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands; zoned R -3 -B) Report from the Planning Department. Kent Hawkins, representing Buck Gully Associates, addressed the Council and advised that they had met with residents in the neighborhood to obtain their input regarding the proposed condominium project, and felt that they have satisfied their concerns. They have lowered the project in height so as to not block any existing views; maintained the required parking of 2'k parking spaces per unit; and will be providing two "for sale" low- income units on the site for an affordable period of 20 years at a. cost of approximately $159,000. Mayor Strauss indicated he would like to see the affordable period extended beyond 20 years, to which Mr. Hawkins replied that they had no objection to extending the affordable period. It was noted that the development is subject to in -ieu park fees; and therefore, would be required to pay approximately $6,000 per dwelling unit, including the affordable units. The projected sale price for the units, other than the two affordable units, is between $400,000 and $500,000. Following discussion, and hearing no others wishing to address the Council, the public hearing was closed. Council Member Sansone complimented the developer on his efforts in obtaining and satisfying the concerns of the community regarding this project. He stated, however, there still are some concerns pertaining to mass and density in the immediate area of the proposed development access to Pacific Coast Highway (PCH) at Seaward Avenue northerly, and the U -turn which is permitted eastbound off of PCH at Seaward Avenue. Council Member Sansone also pointed out that at the same time this project is underway, three other projects will be taking place on PCH at this particular Volume 43 - Page 360 • Motion x CITY OF NEWPORT BEACH MINUTES 000-�\O-h` September 11, 1989 location, i.e., Emerald Associates Development directly across the street from the subject property, the sewer line to downcoast, and the Laguna Beach water line. Therefore, he requested the staff take whatever steps are necessary to coordinate these projects in order that the traffic on PCH be impacted as little as possible. Following additional comments by Council Member Sansone, motion was made to: A. Sustain the action of the Planning Commission and 1. Adopt Resolution No. 89 -103, adopting General Plan Amendment No. 89 -1(C), and accepting the environmental document; and 2. Adopt Resolution No. 89 -104, adopting Local Coastal Program Amendment No. 17; and 3. Adopt Ordinance No. 89 -25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R -3 -B DISTRICT TO THE R -3 (1,900) SPR DISTRICT (Planning Commission Amendment No. 682); and 4. Approve Site Plan Review No. 50, (with the deletion of the installation of a 12 sq. ft, identification sign at the entrance of the development); approve Coastal Residential Development Permit No. 16 and Tentative Map of Tract No. 14028, subject to the findings and conditions established by the Planning Commission. Also included in the above motion, are the following two added conditions: Volume 43 - Page 361 CPA 89 -1(C) 89 -103 89 -104 • u Ayes Abstain • x CITY OF NEWPORT BEACH MINUTES �P� S Cl* .� 9 l� ;stn 9(,9� qP� September 11, 1989 5. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light; and 6. That no construction take place on Saturdays, Sundays, or City - observed holidays; however, the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. MAYOR PRO TEM PLUMMER ENTERED THE MEETING AT THIS TIME (8:15 P.M.) AND TOOK HER SEAT. Mayor Strauss requested that Council Member Sansone amend the motion to extend the affordability period from 20 to 35 years, to which there were no objections. Council Member Turner commented that he did not want to see the 35 -year affordability period become the new "benchmark" for the City as a result of this action. X x x x The motion, as amended, was voted on and x carried. 3. Mayor Strauss opened public hearing and City Council review of USE PERMIT NO. 1677 (Amended) and VARIANCE NO. 1106 - Request of the Stuft Noodle Restaurant, Newport Beach, for consideration of adding or modifying Conditions of Approval of said applications, approved by the Planning Commission at its meeting on August 10, 1989. Property located at 215 -217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street; zoned SP -5. Report from the Planning Department. The City Clerk advised that after the agenda was printed, approximately 22 letters were received in support of the Stuft Noodle remaining open during the lunchtime hour. Volume 43 - Page 362 GPA 89 -1(C) U/P 1677(A), Var 1106 (88) • u u CITY OF NEWPORT BEACH MINUTES i September 11, 1989 The City Manager stated that the subject restaurant has a history going back to 1973 when the Planning Commission approved the sale of beer and wine service at the Stuft Noodle Restaurant. The Planning Commission further amended the use permit in 1975 and 1983, and then on September 20, 1984, a condition was added which stipulated that when Avon Street was improved, the City shall review the Stuft Noodle operation again, inasmuch as said improvement could impact the parking. Avon Street has now been improved, and at the Planning Commission meeting of August 10, 1989, they voted (4 ayes, 3 noes) to recommend the approval of this matter which permits the full operation of the facility at night and on weekends, and the limited lunchtime operation during the week. It was pointed out that the major concern of the three Commissioners, who voted in opposition to the review, was the inadequate parking for the restaurant: use for a limited operation at lunchtime during the week. However, a majority of the Commissioners were of the opinion that Condition of Approval No. 15 gives the Planning Commission the opportunity to review the use permit at a later date if it is determined that the traffic and parking are detrimental to the neighborhood. The applicant informed the Planning Commission that the restaurant serves a maximum of 24 customers at lunchtime during the week, and many of the customers walk to the restaurant facility. In addition, only four employees work in the restaurant during that time, and all of the employees park in the adjoining Municipal Parking Lot. Mel Malkoff, 417 Tustin Avenue, representing the owner of the Stuft Noodle, addressed the Council in support of allowing the restaurant to remain open during lunchtime, and to waive the parking requirements. He stated that parking has been a long -time issue in Newport Heights; however, he felt that the municipal lot in Mariners Mile is underutilized. The owner of the Stuft Noodle has written a letter to the City Council requesting he be permitted to purchase three annual parking permits in the local municipal lot which would act as "off- street," or in -lieu parking for Volume 43 - Page 363 U/P 1677(A) CITY OF NEWPORT BEACH MINUTES �r„ y c0 9� t 9� � G � September 11, 1989 Volume. 43 - Page 364 U/P 1677(A) the restaurant for the lunchtime business. Only one room of the restaurant is used at lunchtime which • translates into 14 parking spaces for that size room. Patrons that frequent the restaurant are local residents and merchants from the area who walk to the restaurant rather than drive their car. He submitted two additional letters and a petition with 18 signatures in support of the Stuft Noodle's request to remain open at lunch, and urged the City Council to sustain the action of the Planning Commission. Ken Urbanus, President of Sunburst Mortgage Company, 204 Riverside Drive, addressed the Council in favor of the Stuft Noodle. He stated he has 17 employees in the office, and entertains clients often who patronize and enjoy the Stuft Noodle. Dr. Jan Vandersloot, 2221 16th Street, addressed the Council and stated that he was not opposed to the Stuft Noodle, but felt there is a parking problem during lunchtime. He stated he has observed customers of the Stuft Noodle park their • vehicles across the street and then walk to the restaurant. He reviewed the history of parking in the area relative to the Stuft Noodle, and stated he would like to see a more conscientious effort to try and mitigate the parking if this request is approved. He cited a few areas in the Mariners Mile vicinity where parking might be available, and stated that, inasmuch as restaurants are one of the highest traffic generators, he felt the request to waive the parking requirements should be denied. Mary Ann Malkoff, 417 Tustin Avenue, representing the applicant, addressed the Council in support of the Stuft Noodle. She advised that she had contacted Bob Grable regarding the possibility of leasing some parking spaces at the John Dominis site during lunchtime hours; however, she now understands from City staff that the parking spaces would have to be leased four to five years, which may not be possible. She emphasized that the majority of their customers walk to the • restaurant and that many times they never serve over 20 people during lunch. Volume. 43 - Page 364 U/P 1677(A) CITY OF NEWPORT BEACH MINUTES 0 September 11, 1989 Volume 43 - Page 365 U/P 1677(A) Janine Gault, 406 San Bernardino Avenue, representing Newport Heights Community Association, addressed the Council and stated that the Stuft Noodle has been a • "good neighbor;" however, there is the ever- increasing parking problem in Mariners Mile which is a major concern. She felt that review of the subject permit was perhaps the appropriate time in which to mitigate some of the parking problems even though the Stuft Noodle is probably one of the smallest traffic generators in the area. Their association would like to help in any way they can to mitigate the problems, and would also urge that the parking requirements not be waived. Robert Douk, owner of the Stuft Noodle Restaurant:, addressed the Council and stated that the lunchtime trade was not his major business; however, he needed the lunchtime business in order to break - evert. He has served anywhere from 3 to 30 customers during the noon hour, and he would like to be given the opportunity to prove that he is not a burden on the community. He does not feel his patrons cause any traffic or • parking problems as the majority of them walk to his restaurant at lunchtime. Council Member Hart commented she wished to clarify for the record that the Stuft Noodle is deficient of 29 parking spaces when open at lunchtime, rather than the 3 parking spaces as referenced by earlier speakers. Mr. Douk replied that there are approximately 6 businesses in the offices above the restaurant, and that many of those employees are out in the field from about 10:00 a.m. to 4:00 p.m., and that his lunch trade is only from 11:30 a.m. to 1:30 p.m. The restaurant closes at 2:30 p.m. and reopens again at 5:00 p.m. The Public Works Director advised that the subject building was first constructed in 1958 and at that time parking was inadequate, and it was this particular project that led the City Council to adopt off - street parking standards. The building was developed • prior to the existence of those off - street parking standards. Volume 43 - Page 365 U/P 1677(A) • Motion CITY OF NEWPORT BEACH God �9�► G � September 11, 1989 x Motion x Ayes x x x x Noes x x • MINUTES Cheryl Slepack of Balport Lock and Safe, 177 Riverside Avenue, addressed the Council in support of the Stuft Noodle. She stated she felt it would be a great "loss" to the immediate community if the restaurant were closed during lunch, as it is very convenient to order items "to go" to take back to their businesses. She feels the parking problem is not caused by the Stuft Noodle, but is a result of the entire area. Richard Kaufmann, owner of C'est Si Bon Bakery, 149 Riverside Avenue, addressed the Council in favor of the Stuft Noodle. He stated he has owned the bakery at this location for 10 years and that many of his employees eat at the restaurant. He also felt that many of the parking problems in the area are caused by other businesses and not by the Stuft Noodle. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hart stated there has been a long -time concern of the residents and merchants in the area to resolve the parking issues in order to make Mariners Mile successful. She pointed out again the deficiency of 29 parking spaces on the part of the Stuft Noodle, and emphasized how important it is to the area to have adequate parking. Following above comments, Council Member Hart moved to overrule the decision of the Planning Commission and deny the request for week -day operation, based on the Findings for Denial designated as Exhibit "B." Council Member Cox spoke in opposition to the motion, commenting he did not feel the Stuft Noodle was "harmful" to the parking situation during the noon hour, and that the restaurant should not be penalized for the overall parking problem in the area. In view of the foregoing comments, substitute motion was made to austain the decision of the Planning Commission, with Planning Commission review of the subject use permit in six months. The applicant is also urged to make every effort to seek additional off -site parking spaces in the Mariners Mile area. Volume 43 - Page 366 U/P 1677(A) Motion All Ayes on Ayes Motion All Ayes • x CITY OF NEWPORT BEACH EMBERS MINUTES o+� 9 yoo� September 11, 1989 INDEX 4. Mayor Strauss opened the public hearing PW /Crbs & regarding the Report of the Public Works Gtr Cnstr Director on the Construction of Curbs Broad /West- and Gutters on the easterly side of minster/ Broad Street between Westminster Avenue Bolas and Bolsa Avenue. (74) Report from Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. x Motion was made to confirm the assessment, and allow property owners to pay assessment of over $1000.00 each over a period of 3 years at an interest rate of 7% per annum, subject to the execution of an agreement to repay. 5. Mayor Strauss opened the public hearing Vacation/ regarding Vacation of that portion of Prtn Bk Bay Back Bay Drive (east of Jamboree Road) Dr as shown on Parcel Map No. 79 -704 (90) (Resubdivision No. 616). Report from Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 89 -105 ordering the vacation and abandonment of a portion of Back Bay Drive; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: x The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on September 25, 1989: (a) Proposed ORDINANCE NO. 89 -26, Ord 89 -26 being, Veh /Trfc (85) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.100 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE THE CUL -DE -SAC PORTION OF Volume 43 - Page 367 L • 1I u • CITY OF NEWPORT BEACH MINUTES 4 y9'P 0� q�A � G � i�%a �� September 11, 1989 HILARIA WAY, EASTERLY OF FLAGSHIP ROAD FOR ANGLE PARKING. (Report from Traffic Affairs Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -106 amending Utilities/ procedures for unpaid water charges Unpd Wtr and discontinuance of water Chrg Srvs service. (Report from Utilities Res 89 -106 Director) (89) (b) Resolution No. 89 -107 approving a Sls Tx consultant services agreement with Cnsltg Srvs Municipal Resource Consultants MRC /CNB (MRC) to perform sales tax Res 89 -107 consulting services for the City of C -2775 Newport Beach, and authorize the (38) Mayor and City Clerk to execute said subject agreement. (Report from Finance Director) (c) Resolution No. 89 -108 establishing no parking restrictions from 8:30 a.m, to 12:30 p.m. on Bayside Drive:, between Marguerite Avenue and Jasmine Avenue, on Tuesdays. (Report from Traffic Affairs Committee) 3. CONTRACTS /AGREEMENTS: (a) Approve and authorize the Mayor and City Clerk to execute the Building Maintenance Services Agreement for City Yard with Ed Building Maintenance Company. (Report from General Services Director) Prkg Re- strctns/ Baysd /Marg Jasmn Res 89 -108 (63) City Yard/ Bldg Mntnc Srvs /GS C -2774 (38) (b) Approve the Joint Powers Agreement Isantiago with the Santiago Library System, Libry Sys and authorize the Mayor and City Agm Clerk to execute subject agreement. C -1218 (Report from Board of Library (38) Trustees) (c) Approve and authorize the Mayor and San Joaq.' City Clerk to enter into a Resry Tr Memorandum of Understanding with AgmJM -O -U the participants in the San Joaquin C -2193 Reservoir Trust Agreement. (Report (38) from Utilities Director) 4. COMMUNICATIONS - For referral as indicated: (a) To Business License Supervisor for Bus Lic denial, letter from Michael (27) Antzoulatos requesting a permit for rental business on the beach. Volume 43 - Page 368 ROLL • CITY OF NEWPORT BEACH MINUTES �° 4 to tng N� September 11, 1989 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from Newport Beach Conference & Visitors Bureau concerning the annual report. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Auto Club of Southern California for Garry P. Melonson, alleging his parked vehicle was hit by City Dump Truck at McFadden Square Parking Lot on June 19, 1989. (36) Auto Clb S /CA & Melonson (b) John Grabinger alleging personal Grabinger injuries as a result of being forced into oil slick involving fire truck leaking oil onto bike lane, at Irvine and 16th Street on August 19, 1989. (c) Peter Lascola alleging damages to his vehicle as a result of being side- swiped by City truck at Newport Boulevard on July 25, 1989. (d) Frank Marshall alleging City Refuse truck hit block wall next to alley and damaged fence, at 505 E. Bay Avenue on August 19, 1989. (e) Barbara Palow seeking reimbursement of insurance deductible as she feels faulty traffic lights caused collision at 32nd Street and Newport Boulevard on March 1, 1989. Lascola Marshall Palow (f) Marguerite J. Pitts alleging Pitts personal injuries as a result of trip and fall over uneven pavement, rocks, tree branches, etc., at 3300 block of Pacific View on July 31, 1989. 7. SUMMONS AND COMPLAINTS - For denial and I(36) confirmation of the City Clerk's referral to the claims adjuster: (a) David Palmer for personal injuries, Palmer Orange County Superior Court, Case No. 600061. Claim was denied by City Council on March 27, 1989. Volume 43 - Page 369 �II �J • CITY OF NEWPORT BEACH MINUTES w�yC A N� September 11, 1989 (b) Paul Aronsohn for personal Aronsohn injuries, assault, battery, false imprisonment, etc., Orange County Superior Court, Case No. 576644. Claim was filed with City in March, 1988. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Library Clerk I, Library Department. (b) One Refuse Worker II, Refuse Division. (c) Three Refuse Worker I, Refuse Division. (d) One Police Officer, Patrol Division. (e) One Groundsworker I, Parks Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (66) (a) Report from Parks, Beaches and PB &R Recreation Director accepting the (62) donation of $500.00 from the Exchange Club of Newport Harbor and approve a budget amendment to appropriate the funds. For Council information and filing: (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - September 25, 1989: (a) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) (1988/89 Grantee Performance Report) - Review of City's Grantee Performance Report (GPR). (Report from Planning Department) Volume 43 - Page 370 CDBG Prgrm HUD (87) • • CITY OF NEWPORT BEACH MINUTES 9 September 11, 1989 11. APPLICATION TO CONSTRUCT A CURB CUT - If desired, approve the application of Gil Ferguson to construct a curb cut on Balboa Avenue to serve a partly covered off - street parking space at 300 Sapphire Avenue. (Report from Public Works Department) Note: Telephone message received after the agenda was printed from Mrs. Hochadel (property owner at 307 Sapphire) against the proposed curb cut. 12. SPECIAL EVENTS PERMITS - Uphold staff's recommendation to approve the following, subject to conditions listed in the staff report: (a) Application No. 89 -297 - Amplified sound by Delaine Robin for a 30th birthday party, 720 West Oceanfront, September 23, 1989. (b) Sixteen special events activities relating to "Sea Fest" - Removed from the Consent Calendar. (c) Application No. 89 -189 - Temporary road closure of Jamboree Road at University for the Human Race Triathlon, sponsored on behalf of the American Lung Association, October 1, 1989. 13. BUDGET AMENDMENTS - For approval: BA -018, $500 - Increase in Budget Appropriations and Revenue Estimates for purchase of refrigerator for Community Youth Center. Funds donated by the Exchange Club; Park and Recreation Fund. (Refer to report w /agenda item F -9(a)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Business License Supervisor recommending approval of "Sea Fest" activities requested by the Chamber of Commerce, September 15 thru 24, 1989. Council Member Cox advised that the Chamber of Commerce has put together a program consolidating many activities wtglch occur throughout the year into a 10 -day period from September 15 to 24. He added that there will be some 24 events taking place during the "Sea Fest," and will provide an opportunity for the residents to enjoy this seaside Volume 43 - Page 371 Permit/ Ferguson (65) Permits. (65) Apli 89 -297 Apli 89 -189 (25) Permits/ Spcl Evnts "Sea Fest" (65) • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES i tp NS September 11, 1989 x community without the tourists. He complimented the Chamber for taking the "leadership" of coordinating this function, and urged those intrested to attend. Motion was made to uphold staff's recommendation to approve, subject to conditions listed in the staff report, the following Special Events Applications: Application No. 89 -280 - Opening I Apli 89 -280 Ceremonies and Taste of Newport Friday, September 15 - Sunday, September 17, Fashion Island. Application No. 89 -071 - Bike Tour JApli 89 -071 Sunday, September 17, Dunes Aquatic Park. . Application No. 89 -064 - Character I Apli 89 -064 Boat Parade,.Sunday, September 24, throughout Newport Harbor. Application No. 89 -059 - Electric IApli 89 -059 Boat Race, Saturday, September 16, Lido Peninsula Marine Center, Cannery Restaurant, Rhine Channel. Application No. 89 -056 - Fishing I Apli 89 -056 Tournament and Banquet, Thursday, September 19, Cannery Restaurant. Application No. 89 -281 - Navy Ship, IApli 89 -281 Saturday and Sunday, September 16 and 17, Harbor Department. Application No. 89 -057 - Kite iApli 89 -057 Contest, Sunday, September 17, Peninsula Park. Application No. 89 -062 - Boat Apli 89 -062 Auction, Wednesday, September 20, Lido Marina Village. Application No. 89 -058 - Outrigger Apli 89 -058 Canoe Races and Luau, Saturday, September 16, Dunes Aquatic Park. Application No. 89 -060 - Lifeguard 'Apli 89 -060 Pier Swim, Sunday, September 17, Balboa Pier Area. Application No. 89 -261 - Surfing �Apli 89 -261 Championships, Saturday and Sunday, I September 16 and 17, Oceanfront Beach at 54th Street. Volume 43 - Page 372 • Motion All Ayes • Motion All Ayes • CITY OF NEWPORT BEACH C Ct 9� G A September 11, 1989 x X MINUTES Application No. 89 -061 - Sandcastle Contest, Sunday, September 17, Corona del Mar State Beach. Application No. 89 -262 - Volleyball Tournament, Sunday, September 17, Corona del Mar State Beach. Application No. 89 -074 - Windsurfing, Saturday, September 16, Turning Basin and the Oceanfront at the Harbor Entrance. Application No. 89 -063 - Wooden Boat Festival, Friday, Saturday and Sunday, September 22 - 24, Seascout Base. 2. Memo from Department of Fish & Game regarding Back Bay Clean -up Day on September 16, 1989 from 9:00 a.m. to 3:00 p.m. Following Council Member Hart's announcement that the Back Bay Clean -up Day Program has been divided into six clean -up zones with several different parking areas where a person can pick up a trash bag and "start to work," motion was made to approve the foregoing memo for Council information and filing. She stated that many of the Council Members will be in attendance, and urged residents to participate. 3. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON AUGUST 24, 1989. Following review of the off - street parking proposed in conjunction with the establishment of a yacht club on property located at 3333 West Coast Highway within the Recreational Marine Commercial area of the Mariners Mile Specific Plan, motion was made to receive and file the subject report. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89 -23, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.32.020(b) OF THE NEWPORT BEACH MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES EXCEEDING 6,000 POUNDS FROM OPERATION ON CERTAIN STREETS WITHIN THE CITY LIMITS, Volume 43 - Page 373 li 89 -061 89 -262 89 -074 Apli 89 -063 CA State/ Fish & Game (28) Planning (68) Ord 89 -23 Vehicles/ Traffic (85) • Motion All Ayes Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES X 0 \C200% �► ;X6 September 11, 1989 x was presented for second reading with report from Traffic Affairs Committee dated August 28, 1989. It was pointed out that the subject ordinance was adding Seaward Road, southerly of Pacific Coast Highway to the list of streets with a three -ton weight limit. At the request of Council Member Sansone, motion was made to amend the proposed ordinance to include Seaward Road, north of Pacific Coast Highway, and to reintroduce Ordinance No. 89 -23 as revised., and pass to second reading on September 25, 1989. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works Department regarding APPEAL OF GREGORY V. RUZICKA from denial of an application to construct a two - foot -high retaining wall encroaching 3.5 feet into the public right -of -way adjacent to 1620 Kings Road. Victor Ruzika, representing his son Gregory Ruzicka, applicant, 1620 Kings Road, addressed the Council in support of the appeal. He described the proposed encroachment; cited similar encroachments on Kings Road in the immediate area, and stated they felt the encroachment would not cause any type of interference. Motion was made to approve the appeal, with the provision that said encroachment is patterned and consistent with similar encroachments in the nearby area, or that said encroachment not exceed 3.5 feet into the public right -of -way, whichever is less; and further, that this encroachment be subject to execution of an agreement for non - standard improvements and a building permit from Building Department. Permit / Encroachmt Ruzicka (65) 2. Report from Public Works Department Permit/ regarding APPEAL OF DAN AND BARBARA Drvwy Aprrh D'AMORE from provisions of Council D'Amore Policy L -1 prohibiting driveway (65) approaches to residential property which abuts an alley. Volume 43 - Page 374 L • 1I 11 u • CITY OF NEWPORT BEACH MINUTES 4 00 y� September 11, 1989 It was noted that the applicant desires to construct a large new residence at 809 East Bay Avenue with basement parking taking vehicular access from the street. The applicant is also applying for a modification to encroach 3 feet into the 10 foot front yard setback. The Public Works Director referenced an exhibit on display depicting elevations and plans for the proposed dwelling, and stated that there were two primary reasons the staff recommended the subject application be denied: 1) pedestrian traffic on the public sidewalk adjacent to 809 E. Bay Avenue, and 2) potential for tidal flooding due to Bay Avenue being very low in elevation. He also commented that the location of the garage at the end of an intersecting alley makes vehicular access relatively easy. Dan D'Amore, applicant, addressed the Council and stated that his house would be the only one in the area conforming to the current zoning requirement of four parking spaces. In December 1988 he was given an "approval in concept" of his design, and since that time he has applications for the necessary permits. He said it was.not until August 29, 1989 that he was informed he would have to obtain approval to allow entrance into the proposed residence from Bay Avenue instead of the alley directly behind the property. The slope required to enter the property from the alley would reduce the square footage allowed for the residence. With regard to potential flooding as referenced by the Public Works Director, he stated he was aware of low- flooding; however, there was not any this past year. He advised that it was the architect's intention to construct the garage in such a manner as to remove the majority of water with the help of a sump pump. With regard to the "approval in concept" Mr. D'Amore stated he had received several months ago, the Planning Director commented that it was only a week ago when he heard that the applicant had submitted plans for the subject structure and the existence of any "approval in concept" was a surprise. He stated that when an "approval in concept" is issued, the staff has to certify to the Coastal Commission that all discretionary Volume 43 - Page 375 Permit / D'Amore It • Motion All Ayes Motion All Ayes Ix CITY OF NEWPORT BEACH \G0 \ �p September 11, 1989 x MINUTES actions have been taken, and if a curb Permit/ cut is required to take access from the D'Amore street as opposed to the alley, an "approval in concept" should not have been issued prior to the curb cut receiving approval by the City Council. Mr. D'Amore advised that as a result of the "approval in concept" he received in December, 1988, he has obtained a permit from the Coastal Commission. It was indicated there were some issues that needed further clarification relative to this matter; and therefore, motion was made to direct the staff to report back on September 25, 1989. 3. ARTS COMMISSION VACANCY: Motion was made to confirm the following nominations of the Appointments Committee for appointment on September 25, 1989, to fill the unexpired term of Kym Young ending June 30, 1992: Jane Piasecki and Howard Herzog Meeting adjourned at 9:45 p.m. The agenda for this meeting . was posted on September 7, 1989, at 8:35 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: L2 4G�is�li�ler � n City Clerk Volume 43 - Page 376 Arts Cmsn