HomeMy WebLinkAbout01/22/1990 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
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REGULAR COUNCIL MEETING
PLACE: JanuarChambers
TIME: 7:30 P.M.
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DATE:
January
22, 1990
Present x x
Motion
All Ayes
Motion
All Ayes
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Mayor Plummer presented special recognition
awards to the coaches of the Corona del Mar
High School Boys Water Polo Team, the 1989
Football and Girls Tennis Teams.
MINUTES
Lynn Turner of the Bicentennial of the U.S.
Constitution Committee, presented awards to
winners of the essay contest "What The
American Flag Means to Me," sponsored by the
Committee in cooperation with The Irvine
Company and the Daily Pilot.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
January 8, 1990, was waived, approved as
written, and ordered filed.
C. Reading in full of all of ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Plummer opened the continued
public hearing and City Council review
of an APPEAL BY LOURDES GULMATICO,
Huntington Beach from the denial by the
Planning Commission on August 10, 1989,
of USE PERMIT NO. 3356, a request to
permit the establishment of a take -out
restaurant with on -sale beer and wine
and incidental seating, specializing in
pizza, on property located at 107 Palm
Street, Central Balboa; zoned C -1. The
proposal also includes a request to
waive the required off - street parking
spaces.
Report from the Planning Department.
The City Manager pointed out that the
City Council continued this item from
its meeting of December 11, 1989 so as
to allow the applicant the opportunity
to locate and secure four off - street
parking spaces for the proposed food
service business. As explained in the
December 11, 1989 staff report, the
applicant is required to provide said
parking spaces in order to comply with
the minimum requirements of the
"Specialty Food Uses" Ordinance. The
significance of complying with said
ordinance is that unless the proposed
food service operation can be considered
a "Specialty Food Use," rather than a
"Take -Out Restaurant," the establishment
of the proposed use would be considered
an intensification of use on property
which already exceeds the allowable
Volume 44 - Page 14
U/P 3356
Gulmatico
"Specialty
Food Uses"
(88)
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Motion
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CITY OF NEWPORT BEACH
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Ayes x x x x x x
Noes x
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MINUTES
January 22, 1990
Floor Area Ratio and would therefore be
prohibited by the recently adopted
"Floor Area Ratios and Building Bulk"
Ordinance. As of the writing of the
current staff report, the applicant has
not indicated to staff that he has
obtained the required off - street parking
spaces. Therefore, the City Council is
required to deny the applicant's appeal
with the findings set forth in Exhibit
"A" attached to the December 11, 1989
City Council staff report.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission and deny the
appeal based on the findings set forth
in Exhibit "A" attached to the
December 11, 1989 City Council staff
report.
Council Member Strauss requested the
staff, at the appropriate time, come
back at a study session with a status
report on the "Specialty Food Uses"
Ordinance.
Council Member Cox stated he will oppose
the motion as he does not approve of the
"Specialty Food Uses" Ordinance
regulations.
The motion was voted on and carried.
(Refer to Volume 44 - Page 23 for additional
action on the above public hearing)
2. Mayor Plummer opened the public hearing
and City Council review of VARIANCE NO.
1158 - Request of Mr. and Mrs. AL ROSS,
2209 Pacific Drive, to permit the
construction of a single family dwelling
on property located in the R -1 District
which exceeds 1.5 times the buildable
area of the site; and the acceptance of
an environmental document.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, a petition was
received with 100 signatures in
opposition to the requested variance.
In addition, letters of opposition were
received from Rob Hixson, 2121 Bayside
Drive, Judy Hodges, 2200 Bayside Drive,
and Susan Baker, 2200 Pacific Drive.
Volume 44 - Page 15
1158
(91)
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CITY OF NEWPORT BEACH
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January 22, 1990
The City Manager noted that in the Variance
subject area, the City's zoning and 1158
general plan regulations permit
densities of 1.5 x the buildable area.
The applicant proposes a 1.74 x the
buildable. At its meeting of
December 7, 1989, the Planning
Commission voted (4 Ayes, 2 No, 1
Absent) to recommend the approval of
Variance No. 1158 with the Findings and
subject to the Conditions of Approval
set forth in the excerpt of the Planning
Commission minutes dated December 7,
1989. It was the Planning Commission's
opinion that although the proposed
dwelling did exceed the allowable gross
structural area, as much as 800± sq. ft.
of the structure would be within the
subterranean area of the site, and
therefore, would not outwardly appear in
excess of 1.5 x the buildable area of
the site.
The City Manager further pointed out
that Section 20.82.020 of the Newport
Beach Municipal Code provides that in
order to grant any variance, the
Planning Commission must find that the
applicant has established the following
grounds for a variance:
1. That there are exceptional or
extraordinary circumstances
applying to the land, building
or use referred to in the
application, which
circumstances or conditions do
not apply generally to land,
buildings and /or uses in the
same district.
2. That the granting of the
application is necessary for
the preservation and enjoyment
of substantial property rights
of the applicant.
3. That the granting of such
application will not, under
the circumstances of the
particular case, be materially
detrimental to the health,
safety, peace, comfort, and
general welfare of persons
residing or working in the
neighborhood of the property
of the applicant and will not
under the circumstances of the
particular case be materially
detrimental to the public
welfare or injurious to
property improvements of the
neighborhood.
Volume 44 — Page 16
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CITY OF NEWPORT BEACH
COUNCIL MEMSERS
January 22, 1990
MINUTES
Al Ross, applicant, addressed the Variance
Council in support of his request, 1158
stating that when this issue was before
the Planning Commission, the
Commissioners accepted the three grounds
for variance referenced by the City
Manager in the foregoing. The property
was purchased in October 1988, and at
that time the prior owner and real
estate brokers met with City staff to
determine what could be built on the
subject property. They were informed by
staff that 6,500 sq. ft. of "house"
could be constructed, and it was because
of that information he purchased the
site. He and his architect have met
with staff members over a period of
seven to eight months; he has incurred
considerable expense with five sets of
engineers due to the configuration of
the lot; and he felt there are
exceptional and extraordinary
circumstances on the property. The home
was designed (including three car
garage) with a gross structural area of
5,863 sq. ft., rather than using the
allowed 6,500 sq. ft. The development
will not block any views and is less
than the height limit in most areas.
Tim Robertson, 1315 Palms Boulevard,
Venice, architect for the applicant,
addressed the Council and stated that
the proposed structure will not be that
large in terms of "bulk" as most of the
building will be underground. The
driveway access off of Bayside was
designed so that there would not be a
large garage structure above the Pacific
Drive side of the lot. If the plans are
redesigned, it could mean more "bulk" in
terms of "massing" on the property
itself, and more of the roof line will
protrude to what the allowable height
limit is for the property. He also felt
that there are exceptional circumstances
involved with the subject property that
are different from other lots on the
block in that at the southeast end of
the block, the lots are almost level
with the street side.
Discussion took place, wherein, the
Planning Director advised that the
height of the building above grade on
Pacific Drive side of the property would
be limited to 24 feet with a flat roof,
and 29 feet to the ridge, so long as the
average height of the roof does not
exceed 24 feet. The elevation of the
structure is measured at any point of
the roof down to grade directly below.
It appears that the property line is
Volume 44 — Page 17
ICIL MEMBERS
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CITY OF NEWPORT BEACH
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January 22, 1990
approximately 30 feet from the curb, and
therefore, an encroachment permit would
be necessary for the driveway which
requires City Council approval.
Stan Eaton, formerly with Grubb & Ellis
Realtors, addressed the Council and
stated that he represented Mr. Ross when
he purchased the property initially, and
at that time, it was his client's
understanding that 6,500 sq. ft. was
synonymous with 1.5 x the buildable
area. He stated that being able to have
the advantage of the curb cut was the
main reason Mr. Ross purchased the
property, inasmuch as it allowed 6,500
sq. ft., and therefore, the home was
designed on that size. Mr. Ross had no
idea he was going to be restricted as a
result of his discussions with City
staff. He also felt that the 800 sq.
ft.t of property Mr. Ross is requesting
is subterranean and will not affect the
profile, visibility or the footprint,
and on that basis, together with the
information received from staff, the
request for variance should be approved.
The Planning Director stated it is
unfortunate whenever a mistake is made,
and that there were two errors made on
the part of the Planning Department
regarding this issue. One error was not
checking the buildable area of the lot
when it was originally submitted to the
City by Mr. Spangler for Approval In
Concept. At that time, the plans that
were submitted and subsequently went to
the Coastal. Commission showed a
buildable area of 33,485 sq. ft. Staff
assumed that if the 33,485 sq. ft. was
buildable, that the square footage of
the proposed building shown at that time
being 6,500 sq. ft. was well under any
floor ratio of 1.5 x the buildable area.
The second error was when the applicant
was informed that the permitted Floor
Area Ratio for this area was 2 x the
buildable, instead of 1.5 x the
buildable. This error was attributed to
the fact that the dividing line between
the two areas is one lot further to the
west.
The City Attorney advised that the
original Approval In Concept plans that
were submitted by Mr. Spangler,
architect for the applicant, contained
an incorrect assessment of the buildable
area on the site, and given the size of
the residence shown on those plans,
(6,500 sq. ft.) and the 33,485 sq. ft.
buildable area, it's somewhat
Volume 44 - Page 18
Variance
1158
CITY OF NEWPORT BEACH
COUNCIL MEMBERS �+
Gy s' Yyc
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January 22, 1990
anal cell �
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lydmy
understandable why the Planning Variance
Department was not concerned with the 1158
buildable area limit at that time, since
the structure was well under a .5
buildable area. Also, in reviewing the
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file on this item it was indicated to
him that the only staff member that was
consulted by Mr. Ross and his
representatives on this issue was Mr.
Garcia, who was relatively new in his
position. In addition, the Planning
Department caught the error when the
initial building plans were submitted
back in March, and a correction letter
was sent to Mr. Ross's architect, but it
was not until sometime in September that
the application for a variance was
submitted.
In response to question raised by
Council Member Sansone regarding the use
of the "disclaimer" stamp in this
incident, the Planning Director reported
that the only time the disclaimer stamp
is put on plans is at the time a
building permit is issued, and a
building permit has not been issued for
this particular project.
Mr. Ross, applicant, addressed the
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Council again in response to question
raised by Council Member Sansone
regarding the feasibility of reducing
the structure by 800 sq. ft.t to meet
1.5 x the buildable area, in which it
was indicated by Mr. Ross that if the
house has to be redesigned and reduced
in size, as referenced by Council Member
Sansone, then he would not be interested
in pursuing the project, inasmuch as he
has a family of six, including an
invalid aunt. The space they really
need is behind the garage for storage
and not habitable space. It has been 15
months since they started the project; a
considerable amount of time and money
has been put into the proposed
development, and in view of the Planning
Commission's recommendation for
approval, he urged the variance be
granted. In conclusion, he felt he has
been mislead by the staff since
inception of the project.
Lynn Silverman, Venice, addressed the
Council in support of Mr. Ross's request
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for variance. He stated that in view of
the mistakes, time and money that has
already been spent on the project, he
felt the Council should consider
"bending" the rules in this instance and
think about the possible outcome because
of Mr. Ross's substantial investment. If
Volume 44 - Page 19
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\may \� \\e0`1O \\ January 22, 1990
MINUTES
Mr. Ross is forced to redesign the
structure, it will be a building coming
off the top the street and cascading
down the hill with three times as much
mass, and will also block more views.
The City Attorney advised that on
March 16, 1989, Mr. Ross submitted plans
to the Building Department, and on
April 17, 1989, the applicant received a
correction notice stating that the
development standards for the site were
1.5 x the buildable area, so in essence,
there was a six -month duration between
the time Mr. Ross knew of 1.5 x the
buildable area and the time the Bayside
Drive access was approved by the City
Council.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
questioned the various discretionary
permits that are processed by the
Planning Department.
The following persons addressed the
Council in opposition to the variance,
indicating they felt the structure, as
proposed, is too large; that access off
of Bayside Drive is unsafe; that views
should be preserved; and if the variance
is granted, it could set a precedent:
Joan DeLozier, 1415 Seacrest Dr.
Susan Baker, 2200 Pacific Dr.
Rob Hixson, 2121 Bayside Dr.
Craig Combs, 2231 Bayside Dr.
Peter O'Brien, 2223 Bayside Dr.
Royal Radtke, 3300 Mayflower Dr.
Guy D. Paul, 2224 Pacific Dr.
Charles Wheeler, 2137 Bayside Dr.
Judy Hodges, 2200 Bayside Dr.
Mr. E. 0. Rodeffer, 2227 Pacific Drive,
addressed the Council and submitted a
letter advising that he had no objection
to Mr. Ross's architecture; however, he
did have a reservation concerning the
hillside and the possibility of
slippage. He stated that his letter is
notification to Mr. Ross, as well as the
City, that he holds each of them
responsible if there are any soil
problems that might develop from the
construction. He felt the City is at
some risk on this project.
With regard to Bayside Drive access, the
City Attorney commented that variance
applications are complex enough without
getting other issues involved which are
not relevant to this particular
Volume 44 - Page 20
1158
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
9� y
� A January 22, 1990
CAI I /CAI 1
MINUTES
INDEX
application. This variance is seeking Variance
an exception to the buildable area 1158
limit, and the applicant is allowed to
build a structure with 5,100 sq. ft.
pursuant to City regulations; however,
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the request is to increase to
approximately 6,000 sq. ft. which has no
bearing whatsoever on the Bayside Drive
access approved by the City Council last
year.
Mr. Ross addressed the Council again and
reported that the person most affected
by his proposed project is Grant
Betengin, whose property is to the left
of the site on Pacific Drive, and who
strongly supports the variance. Also,
Mr. Betengin's home is approximately 20
feet higher than the structure he is
proposing.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to overrule the decision
of the Planning Commission and deny
Variance No. 1158, based on the Findings
for Denial designated as Exhibit "B" in
the staff report.
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Council Member Sansone emphasized that
his reason for making the above motion
was to adhere to 1.5 x the buildable
area as set forth in the City's
Municipal Code.
Council Member Strauss stated he will
support the motion for denial as he felt
that if this variance is granted, it
would not be fair to other applicants
who have been denied similar variances
in the past; also, if granted, the
variance could set a precedent for
future applications. He further felt
the Council should adhere to 1.5 x the
buildable area, inasmuch as he does not
think the applicant has met the three
requirements for granting a variance as
set forth in the Municipal Code.
In closing, the City Attorney reiterated
his statement made earlier, advising
that the staff report indicates plans
were submitted on March 16, 1989, and on
April 17, 1989, zoning corrections were
prepared by the City for the new project
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which indicated that the proposed gross
structural area exceeded 1.5 x the
buildable area of the site as required
in the R -1 District of Corona del Mar.
It was at this time the staff also
determined that the buildable area of
the site as shown on the original plan
was incorrect.
Volume 44 - Page 21
All Ayes
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
The motion was voted on and carried.
3. Mayor Plummer opened the public hearing
regarding PLANNING COMMISSION AMENDMENT
NO. 693, a request of BIRTCHER CAMPBELL,
DDA, LTD., Laguna Niguel, to amend the
Corporate Plaza Planned Community
Development Plan so as to revise a
portion of the interior vehicular
circulation. The proposal also includes
various changes to the Planned Community
Text so as to make the development
allocations consistent with the Land Use
Element of the General Plan and to make
minor changes to the development
standards to include the elimination of
the site coverage provisions and phased
development requirements. Property
bounded by Newport Center Drive, East
Coast Highway, Farallon Drive and
Avocado Avenue (future street)
comprising of all of the Corporate Plaza
Planned Community; zoned P -C.
Report from the Planning Department.
David Neish, representing the applicant,
addressed the Council and stated he was
available for questions.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
90 -4, amending the Corporate Plaza
Planned Community Development Plan and
Text.
4. Mayor Plummer opened the public hearing
regarding:
A. GENERAL PLAN AMENDMENT 89 -3(D) -
Request to amend the Land Use
Element of the General Plan so as
to change the designation of a
portion of the property located at
the southwesterly corner of Broad
Street and Bolas Avenue from
"Retail and Service Commercial." to
"Two- Family Residential;"
Enuf
B. PLANNING COMMISSION AMENDMENT NO.
695 - Request to reclassify a
portion of Districting Map No. 25
from the C -1 District to the R -2
District;
mil
Volume 44 - Page 22
PCA 693
Zoning/
Corporate
Plaza PCD
(94)
Res 90 -4
GPA 89 -3(D)
(45)
PCA 695
COUNCIL
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Motion
All Ayes
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Yes
FM
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CITY OF NEWPORT BEACH
MINUTES
January -22, 1990
C. RESUBDIVISION NO. 911 - Request of Resub 911
A. J. CARLTON, Newport Beach, to
resubdivide two existing lots into
two parcels for residential
condominium development and one
parcel for commercial development.
Report from the Planning Department.
William Coleman, representing the
applicant, addressed the Council and
stated that they concur in the staff's
findings and conditions.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to:
(a) Adopt Resolution No. 90 -51 Res 90 -5
approving General Plan
Amendment 89 -3(D), amending
the Land Use Element of the
General Plan; and
(b) Adopt Ordinance No. 90 -1,
being,
AN ORDINANCE OF THE CITY Ord 90 -1
COUNCIL OF THE CITY OF NEWPORT Zoning
BEACH ADOPTING AN AMENDMENT TO
DISTRICTING MAP NO. 25 TO
RECLASSIFY A PORTION OF THE
DISTRICTING MAP FROM THE C -1
DISTRICT TO THE R -2 DISTRICT
(PLANNING COMMISSION AMENDMENT
NO. 695]; and
(c) Approve Resubdivision No. 911
subject to the findings and
conditions as recommended by
the Planning Commission.
5. Mayor Plummer opened the public hearing Official
regarding awarding OFFICIAL POLICE TOW Police Towg
TRUCK SERVICES FOR 2 -YEAR PERIOD.
Report from Business License Supervisor.
Robert Coleman, representing Harbor
Towing, addressed the Council and stated
he was available for questions.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to award contract to (Harbor Towg
Harbor Towing, renewing Contract No. C -2147
2147 for two -year period. (38)
The City Manager announced at this time that
he had just been given a note from Guido R.
Smith, Attorney for Lourdes B. Gulmatico, I U/P 3356
applicant for Use Permit No. 3356, which was
Volume 44 - Page 23
CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
U/P 3356
the first public hearing on this evenings
agenda (D -1), requesting the hearing be
reopened as he was detained and unable to
present his testimony.
Motion was made to reconsider Use Permit
No. 3356 as requested and reopen the
public hearing.
The City Manager advised that the
applicant has previously indicated that
he would make any necessary changes to
his proposal so as to conform to the
"Specialty Food Uses" Ordinance.
However, inasmuch as the subject
property has no on -site parking, nor has
suitable off -site parking been proposed,
the applicant is unable to satisfy the
criteria to be considered a "Specialty
Food" use. Under the circumstances, the
City Council is required to sustain the
action of the Planning Commission and
deny the applicant's appeal with the
findings set forth in Exhibit "A,"
attached to the staff report.
Guido R. Smith, Attorney for the
applicant, addressed the Council and
submitted a letter dated this date in
support of the request. He stated that
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the City Attorney and Planning Director
have pointed out repeatedly that the
request is for a nonconforming use.
Under the current law, he is compelled
to agree. However, he does not agree
that the City Council must therefore
deny the application, in that the
Municipal Code specifically allows the
Council to permit the nonconforming use
which the applicant seeks pursuant to
Section 20.83.030 of the Code which
states:
"EXTENSION THROUGHOUT BUILDING OF
NONCONFORMING USE. The nonconform-
ing use of a portion of a building
may be extended throughout the
building; provided, that in each
case a Use Permit shall first be
obtained."
Mr. Smith commented that the site of the
proposed restaurant is in a building in
which 4 /5ths of the ground floor is
already being used for the operation of
restaurants. The other two tenants
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occupying the building are Heidi's
Coffee Shop and Bangkok Three
Restaurant. The applicant is asking the
Council to extend the existing
nonconforming use of 4 /5ths bf the
building to cover the whole ground floor
of the building. Section 20.83.020 also
Volume 44 - Page 24
U/P 3356
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January 22, 1990
speaks to the issue and permits the
enlargement of a nonconforming use, and
states, in part:
"INTENSIFICATION AND ENLARGEMENT OF
NONCONFORMING USE. A nonconforming
use may be intensified by way of an
increase in the hours of operation
or in significant change in
operational characteristics,
enlarged or increased, provided
that the use is permitted by the
regulation specified for the
district in which it is located
and, provided further, that in each
case a Use Permit must first be
obtained."
Mr. Smith stated that the question is
whether or not the regulations allow the
use in issue, and whether the additional
parking spaces otherwise required can be
waived. He pointed out that in the
past, parking requirements have been
routinely waived. In closing, he stated
that attached to his letter is a
petition with 29 signatures in favor of
the subject: use permit.
In responding to the above comments of
Mr. Smith, the City Attorney stated that
he did not think it was fair to
characterize what the applicant wants to
do as an extension of a use throughout
the building, nor does he feel it is an
intensification or enlargement of the
nonconforming use. In essence, this is
a change in use from retail to
restaurant. In addition, all use permits
are required to be consistent with the
City's General Plan, which is not the
case here.
It is pointed out by the City Attorney
that the staff will be bringing
revisions to the nonconforming section
of the Municipal Code to the Council in
approximately two months and it might be
well for the applicant to consider
resubmitting his application at that
time.
Hearing no others wishing to address the
Council, the public hearing was closed.
Following discussion, motion was made to
sustain the decision of the Planning
x Commission and deny the appeal, based on
the Findings for Denial designated as
Exhibit "A" in the staff report.
E. PUBLIC COMMENTS:
None.
Volume 44 - Page 25
U/P 3356
Motion
All Ayes
is
X
CITY OF NEWPORT BEACH
January 22, 1990
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1
2.
3.
4.
5.
MINUTES
ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on February 12, 1990:
(a) Proposed ORDINANCE NO. 90 -2, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING AN AMENDMENT TO
DISTRICTING MAP NO. 21 SO AS
TO RECLASSIFY PROPERTY LOCATED
AT 2001 AND 2101 15TH STREET
FROM THE R -3 DISTRICT TO THE
MFR (2178) SPR DISTRICT AND TO
ESTABLISH A 20 FOOT FRONT YARD
SETBACK ALONG THE 15TH STREET
FRONTAGE OF THE SUBJECT
PROPERTY [PLANNING COMMISSION
AMENDMENT NO. 700). (Report
from the Planning Department)
RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 90 -6 requiring
VEHICLES ON SECOND AVENUE TO STOP
AT HAZEL DRIVE. (Report from
Traffic Affairs Committee)
CONTRACTS /AGREEMENTS:
None.
COMMUNICATIONS - For referral as
indicated:
(a) To Pending Legislation and
Procedural Ethics Committee, City
of Tustin Resolution requesting the
California Department of
Transportation and the Orange
County Transportation Commission to
REMOVE THE DIAMOND LANES FOR A
TRIAL PERIOD.
Ord 90 -2
Zoning
(94)
PCA 700
Vehicles/
Parking
Res 90 -6
(85)
Legislation
(48)
(b) To Public Works for inclusion in PW
the records, letter from Shirley M. (74)
Hurwitz and Mark R. Hughes
concerning PELICAN HILLS DRAINAGE
PROBLEM.
(c) Removed from the Consent Calendar.
COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Bernice Maltby's letter to City
Attorney concerning ENFORCEMENT OF
CITY BUILDING /PLANNING CODE
VIOLATIONS.
Volume 44 - Page 26
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CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
(b) Dr. Christopher Lyon's objections
in letter to Supervisor Don Roth
concerning siting of new OCTD BUS
STATION AT FASHION ISLAND.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) James A. Cobham, Jr., alleging he
was struck by Newport Beach Police
Officer while on his bicycle on
January 11, 1990 at 412 or 422 E.
18th Street.
(b) Jana Connolly alleging City Police
vehicle damaged left rear quarter
panel of her vehicle at City Mall
of Orange on December 13, 1989.
(36)
Cobham
Connolly
(c) County of Orange for personal County of
injuries to employee Robin L. Riggs Orange/
and damage to vehicle, alleging Riggs
City Street Sweeper backed into
County vehicle on 43rd and River
Streets on December 27, 1989.
(d) Grace Martinez alleging her son's Martinez
vehicle towed in error on October
10, 1989, seeking reimbursement of
$69.00.
(e) Application To Present Late Claim - McCarthy
Christine E. McCarthy, John M.
McCarthy and Sara McCarthy alleging
collision caused on January 4, 1989
as a result of negligent design,
engineering maintenance, etc., at
intersection of Jamboree Road and
Bristol Street.
(f) David McPherson alleging windshield McPherson
damaged by rock which flew from
truck operated by Griffith Company
under contract with City doing work
on Jamboree and Pacific Coast
Highway on January 3, 1990.
(g) Sterling Simpson alleging vehicle
was struck while parked on 116 Via
Lido Nord on December 5, 1989 by
Street Cleaner Truck.
(h) Tom Williams for property damage to
his vehicle on December 9, 1989 as
a result of backing up over a City
water meter whose steel cover was
left off with protruding 3 -ft.
wrench in the vicinity of Spruce
Avenue and Jim Slemons
Mercedes -Benz dealership.
Volume 44 - Page 27
Simpson
Williams
4
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
G� y9 �f
Ztn �� January 22, 1990
oni r enl 1
INDEX
(36)
Whir:
(66)
Sphere
TnfI igpr.r.
Orange
Cnty Dev
(21)
C /Aty
(31)
CATV
(42)
PCA 699
(94)
Tract 141
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Scott W. Whitehead for personal
'
injuries, false imprisonment, etc.,
Orange County Superior Court Case
No. 600320. Claim was denied by
City Council on March 27, 1989.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Personnel Recruiter, Personnel
Department.
(b) One Maintenance Crew Chief, General
Services Department.
9. STAFF AND COMMISSION REPORTS:
For Council information and approval:
(a) Report from Executive Assistant
with correspondence from the Mayor
to Orange County Board of
Supervisors concerning COUNTY
DEVELOPMENT WITHIN THE CITY'S
SPHERE OF INFLUENCE.
(b) Report from City Attorney
recommending Council approval of
the CONVERSION OF THE TOWERS
APARTMENTS TO CONDOMINIUMS.
(c) Report from Executive Assistant
recommending approval in concept of
CATV FRANCHISE RENEWAL.
For Council information and filing:
(d) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - February 12,
1990:
(a) PLANNING COMMISSION AMENDMENT NO.
699 - Request of Irvine Retail
Properties Company to amend the
Fashion Island Planned Community
Development Plan so as to allow
seven entry marker signs at
specific locations in Fashion
Island. (Report from the Planning
Department)
(b) TENTATIVE MAP OF TRACT NO. 14162 -
Request of Carnation Cove, Newport
Beach, to subdivide portions of
four existing lots and a portion of
an abandoned street into a single
lot for a 6 unit residential
Volume 44 - Page 28
INDEX
(36)
Whir:
(66)
Sphere
TnfI igpr.r.
Orange
Cnty Dev
(21)
C /Aty
(31)
CATV
(42)
PCA 699
(94)
Tract 141
COUNCIL
G, SN
A
•
•
CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
condominium development on property
located in the R -3 District at 2500
Seaview Avenue in Corona del Mar.
(Report from Planning Department)
(c) General Plan Amendment No. 89 -2(F)
- Request to amend the Land Use
Element of the General Plan so as
to change the land use designation
of the subject property from
"Governmental, Educational and
Institutional Facilities" to
"Single Family Attached" with a
density of one unit for each 2,178
square feet of land area; and the
acceptance of an Environmental
Document;
Rlmf
3PA 89 -2(F)
(45)
TRAFFIC STUDY NO. 62 - Request to Traffic
approve a Traffic Study so as to Study 62
permit the construction of a 15
unit residential condominium
development on the subject
property;
Mule
PLANNING COMMISSION AMENDMENT NO. PCA 700
700 - Request to amend portions of
Districting Map No. 21 so as to
reclassify the subject property
from the R -3 District to the MFR
(2,178) SPR District and to
establish a 20 foot front yard
setback along the 15th Street
frontage of the subject property
[refer. to Item F- 1(a)];
AND
TENTATIVE MAP OF TRACT NO. 14186 - Tract 14186
Request to subdivide two existing
lots into a single lot for a 15
unit residential condominium
development located at 2001 and
2101 15th Street;
AND
SITE PLAN REVIEW NO. 54 - Request
of JAMES G. WHITE, JR., AND
LAWRENCE M. CAMPEAU, COSTA MESA, to
approve a site plan review for the
purpose of permitting a residential
density bonus of 3 units within a
15 unit residential condominium
development and a request to
approve a modification to the
Zoning Code so as to allow the
construction of two stairs and two
Volume 44 - Page 29
Site Pln
Rvw 54
C7
CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
entry decks within the proposed 20 foot
front yard setback which exceeds three
feet in height. The proposal also
includes a modification to the Zoning
Code so as to permit a 3 foot
encroachment into the required 16 foot
side yard setback adjacent to the
easterly property line. Property
located at 2001 and 2101 15th Street, on
the southeasterly corner of 15th Street
and Irvine Avenue in Cliff Haven.
[Report from the Planning
Department]
11. ACQUISITION OF PORTIONS OF TWO PARCELS
FOR IRVINE AVENUE AT SANTIAGO DRIVE
INTERSECTION IMPROVEMENTS (CONTRACT
2641) - Uphold staff's recommendation
requesting authorization to accept two
grant deeds. (Report from Public Works
Department)
12. PACIFIC COAST HIGHWAY SIDEWALK ADJACENT
TO CAMEO HIGHLANDS (CONTRACT 2523) -
Approve the plans and specifications;
affirm the Negative Declaration of
Environmental Impact; and authorize the
City Clerk to advertise for bids to be
opened at 11:00 a.m. February 15, 1990.
(Report from Public Works Department)
13. PHASE I 8 III OCEAN FRONT SIDEWALK
REPAIR (CONTRACT 2792) - Approve the
plans and specifications for the subject
project; and authorize the City Clerk to
advertise for bids to be opened at 11:00
a.m, on February 28, 1990. (Report from
Public Works Department)
14. HARBOR COMMERCIAL PERMIT ACTIVITIES/
ANCHORS AWAY - Uphold staff's
recommendation, subject to conditions in
the staff report, to transfer the
commercial harbor activities permit from
Joan Mahurin and Kermit Johnson to
Richard and Leila Greninger, pursuant to
Newport Beach Municipal Code Section
17.41.100. (Report from Marine
Department)
15. FINAL MAP OF TRACT 14028 - Approve the
Final Map of Tract No. 14028,
incorporating by reference the Findings
and Conditions recommended by the
Planning Commission, a request to
subdivide 1.00 acre of land into a
single lot for an 18 unit residential
condominium development on property
located in the R -3 (1,900) SPR District,
located at 4030 East Coast Highway on
the northwesterly corner of East Coast
Highway and Seaward Road in Corona
Highlands. (Report from the Planning
Department)
Volume 44 - Page 30
ne Av/
iago Dr
C -2641
(38)
Sdwlk
Cameo
2523
8)
ase I /III
can Frnt
wlk Rpr
2792
8)
arbor Perm
mcl Actv
51)
14028
•
Motion
0
Motion
All Ayes
•
x
x
CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
16. SPECIAL EVENTS PERMIT - Uphold staff's Special
recommendation to approve amplified Events Prmt
sound for Harbor Club Grand Opening on (65)
January 26, 1990. (Report from Business
License Supervisor)
17. BUDGET AMENDMENTS - For approval: 1(25)
BA -044, $2,000 - Increase in Budget
Appropriations and Revenue Estimates for
donation from James B. Pick for
acquisition of Video Tapes;
Libraries - Donations and Contributions
Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report to the City Manager regarding
ACTIONS TAKEN BY THE PLANNING COMMISSION
on January 4, 1990; and PLANNING
COMMISSION AGENDA for January 18, 1990.
Motion was made to schedule public
hearing on February 12, 1990 on
Resubdivision No.'s 913, 916, and 918.
Following discussion, Council Member
Sansone withdrew his motion inasmuch as
the Planning Commission has been
requested to look into the possibility
of requiring the same off - street parking
requirements in Corona del Mar that are
required in the Coastal Zone.
In view of the foregoing, motion was
made to receive and file the subject
reports.
Council Member Cox stated that he was
not in attendance at the study session
this afternoon when this subject was
discussed, and for the record, he was
opposed to requesting the Planning
Commission to review same.
2. Letter from Carl P. Writer concerning
INCREASING HOURS FOR PARKING METERS TO
10:00 P.M.
Tom B. Miller, representing Property
House, 6308 W. Coast Highway, addressed
the Council in opposition to the change
in hours of operation of the parking
meters to 10:00 p.m., and stated he felt
the change will hurt a great deal of the
local businesses in the area.
Council Member Turner announced that he
and Council Member Sansone (both members
of the Off- street Parking Committee)
will be reviewing this issue again as a
Volume 44 - Page 31
ME
(63)
COUNCIL MEMBERS
•
Motion
•
All Ayes
•
Motion
All Ayes
x
x
CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
result of the complaints they have
received; however, when this matter was
before the Committee, there was no
opposition expressed.
Council Member Cox advised that the Air
Quality Control District will be
imposing new regulations within the next
year or so that deal with increased
parking, extended parking hours,
additional meters, higher meter rates,
etc., and stated it might be well to
obtain this information from the
District while this issue is being
reviewed.
Council Member Hart stated she also
received a number of complaints on this
matter and was pleased to see that the
Off- street Parking Committee was going
to reconsider the item. It was,
therefore, moved to refer the subject
letter to Public Works- Traffic
Engineering for response, and to refer
this item back to the Off- street Parking
Committee for reconsideration.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council in
opposition to the change in hours of the
parking meters to 10:00 p.m., stating
it is very difficult to read the meters
during night time hours, as well as when
it gets cold, the meters "frost up." He
also stated that persons frequenting the
McFadden Square area are used to the
5:00 p.m. closing time for operation and
are unaware of the 10:00 p.m. change in
time. He added that a petition in
opposition will be forthcoming regarding
this item.
The motion was voted on and carried.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. APPOINTMENT BY THE CITY COUNCIL TO THE
CITIZENS ADVISORY COMMITTEES: (One -Year
term expiring December 31, 1990)
Environmental Quality Affairs
Citizens Advisory Committee
Motion was made to confirm
(District 2) Mayor Plummer's
appointment of Bill Jennings.
Volume 44 - Page 32
EQA /CAC
e�►j�
C7
•
MEMBERS
CITY OF NEWPORT BEACH
MINUTES
January 22, 1990
J. CURRENT BUSINESS:
None.
Meeting adjourned at 9:55 p.m. to 12:00 Noon,
Monday, January 29, 1990, in the Fire
Department Conference Room to consider
long -range goals for the City.
The agenda for this meeting was
posted on January 17, 1990, at
8:30 a.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
Volume 44 - Page 33