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Home My WebLink About03/13/1995 - Regular MeetingROLL CALL • Present Motion All Ayes Motion All Ayes • • Motion CITY OF NEWPORT REGULAR COUNCIL MEETING BEACH MINUTES IEX PLACE: Council Chambers N LJ d > H TIME: 7:00 P.M. w DATE: March 13, 1995 X Q3a=°UO I- CQ M X O Z INE CLOSED SESSION - 5:00 a.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 6:55 P.M. RECONVENED AT 7:00 P.M. for reaular meetina Mayor Hedges announced that the Newport Beach Police Employees Association has established a fund for the family of Policeman Bob Henry who was shot on Sunday morning and is in critical condition at Hoag Hospital, and anyone interested in contributing to this fund may contact the Association, c/o Robert Henry Fund, P.O. Box 7000, Newport Beach, Co., 92658 -7000. x x x x x x x ROLL CAL X Reading of Minutes of Meeting of February 27, 1995 was waived, approved as written, and ordered filed. X Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. Mayor Hedges presented Certificates of Appreciation to Council Members Thomas C. Edwards and Norma J. Glover, for their dedicated service on the Planning Commission. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Mayor Hedges requested staff evaluate replacing the City Hall parking lot that was removed for the widening of Newport Boulevard, including the revenues that may be gained. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Mayor Hedges requested that 50% of the revenue generated from new parking meters in the West Newport area be used in that neighborhood for improvements, and asked that staff bring back a report on this subject. SUPPLEMENTAL AGENDA ITEM: MATTERS WHICH A COUNCIL MEMBER HAS ASKED TO BE PLACED ON THE AGENDA FOR DISCUSSION AND ACTION: x Motion was made by Council Member Glover that the Economic Development Committee study and report back on appropriate sites and funding mechanisms for construction of a Visitors and Conference Center. Volume 49 - Page 82 IEX ROLL CALL All Ayes Motion All Ayes • 0 CITY OF NEWPORT BEACH M Q Q 3 g W H ♦- Q X pgQX0z W U) W 2 O VC90 > J H Lu March 13, 1995 Council Member Glover stated that this matte reviewed by the Economic Development Committe put on the "shelf" for the time being; however, sh this is the appropriate time to bring it to the City C for discussion. Mayor Pro Tern Debay stated that she discussed a p site in Fashion Island with The Irvine Company la: which could also be a special events center, and SL the idea of pursuing a study at this time. Council Members Edwards and O'Neil also expresse support of the study, indicating such a facility we over due, and hopeful that the Committee will lool potential areas. There being no further comments, the motion was va and carried. CONSENT CALENDAR x The following items were approved, except for thos4 removed: ORDINANCES FOR INTRODUCTION - Pass to 2nd reac March 27,1995: 1. Proposed ORDINANCE NO. 95 -7, being, AN ORDINANCE OF THE CITY COUN THE CITY OF NEWPORT BEACH AMEND SECTION 12.44.020 OF THE NEWPORT MUNICIPAL CODE BY ADDING PI METER ZONE NINE. [Report from Works/Traffic Engineering] 2. Removed from the Consent Calendar. 3. Proposed ORDINANCE NO. 95 -9, being, AN ORDINANCE OF THE CITY COUN THE CITY OF NEWPORT BEACH AME CHAPTERS 5.28 AND 17.14 OF THE NE BEACH MUNICIPAL CODE REGi ENTERTAINMENT PERFORMED ON V [Report from City Attorney] CONTRACTS AND AGREEMENTS 4. Tentative agreement with the Newport Professional and Technical Employees Asso (NBP8JEA CONTRACT NO. 2051). [Memor from City's Negotiations Team] Volume 49 - Page 83 r was e and feels ouncil :)ssible t year pports d their s long : at all led on r items ing on :IL OF ING BEACH IRKING Public --IL OF NDING WPORT RIDING ESSELS. Beach oiation indum MINUTES INDEX Ord 95 -7 Veh /Trfc /Pkg (85) Ord 95 -9 Bus Lic/ Harbor Regs (27/51) NBP &TEA C -2051 (38) CITY OF NEWPORT BEACH MINUTES ROLL CALL U) W ~ 3 ¢ P 2 V U w O March 13, 1995 INDEX 5. Tentative agreement with the Newport Beach City NBCEA • Employees Association (NBCEA CONTRACT NO. C -2059 2059). [Refer to report w /agenda item 4 above] (3 8 ) 6. OIL FIELD OPERATIONS, STORM DRAIN & DRAINAGE Oil Fld Opr/ IMPROVEMENT PROJECT CONTRACT NO. 2976 - Find Strm Drn /Drnc that the apparent low bidder, Seismo Engineering Imprvm Prj Contractors, is not the "lowest responsible bidder," C -2976 reject the bid of Seismo Engineering Contractors; (3 8 ) find that the second low bidder DTW, Inc., is the "lowest responsible bidder and" award contract in the amount of $43,452. [Report from Utilities Department] 7. 16TH STREET RESERVOIR & PUMP STATION 16th St Rsrv: GROUNDWATER DEVELOPMENT PROJECT CONTRACT & Pmp Stn/ NO. 2961 -B - Find that the lowest bidder, BFI Grndwtr Dvlp Constructors, can meet the requirements for C- 2961 -B' completing the proposed contract work and (3 8 ) declare them the "low bidder." and award contract in the amount of $6,344,500. [Report from Utilities Department] 8. PERSONNEL VACANCIES - Report from Personnel (66 ) • Director. 9. CLAIMS - For Denial by the City Manager. (3 9 ) Sondra Ames alleging her driveway was damaged at 216 Poppy Avenue during street repair to Hazel Avenue (March through October 1994); seeking reimbursement of $2,850. Paul A. DeRidder alleging property damage as a result of water main break at 4108 River Avenue on November 20, 1994. Jean E. Grover alleging personal injuries and property damage as a result of being hit by City Refuse Truck on Main Street at Edgewater Avenue on September 4, 1994. Catherine A. Johnson alleging she hit pot hole at MacArthur Boulevard near Bison Avenue on January 25, 1995. Ginny and George Koo alleging tree fell onto fence at 1 Belmont on January 1995, also broke • sidewalk lamp. Larry Lewellen alleging his windshield was damaged due to article falling from City truck in front of him on Jamboree Road and 405 Freeway on February 22, 1995. Volume 49 - Page 84 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ Q¢WW W ~ M ¢ M 0 M °oz 0 w 0 w 0 March 13, 1995 INDEX Sean Muro by and through his guardian, alleging he was struck by motorist while crossing at Balboa Boulevard and 15th Street on September 26, 1994 as a result of malfunctioning signals. Christopher T. Piasecid alleging personal property damaged by City Police Officers at 17th and Placentia on January 23, 1995 while searching vehicle. Lucien Runge by State Farm Insurance alleging damage to vehicle as a result of hitting construction debris in roadway on Ford and MacArthur Boulevard on December 23. 1994. 10. Agenda /Actions by the PLANNING DEPARTMENT for (68 ) March 9, 1995. 11. ENCROACHMENT AGREEMENT FOR CONSTRUCTION 2692 Bayshr AND MAINTENANCE OF PRIVATE IMPROVEMENTS Encrchm Agm WITHIN THE PARKWAY OF BAYSHORE DRIVE, A (65) PRIVATE STREET, ADJACENT TO 2692 BAYSHORE DRIVE - Approve an Encroachment Agreement permitting the construction of decorative stone pavers at grade and raised 18" planter within the • Bayshore Drive easement adjacent to 2692 Bayshore Drive; authorize the Mayor and the City Clerk to execute the agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. [Report from Public Works Department] 12. USE PERMIT NO. 3533 - Approve the improvement U/P 3533 plans and specifications and accept the public (8 8 ) improvements constructed in conjunction with Use Permit No 3533 located at 3400 East Coast Highway, on the southeasterly comer of Marigold Avenue and East Coast Highway, in Corona del Mar, authorize the City Clerk to release the faithful performance surety (a cash deposit in the amount of $2,100.00 was deposited into refundable Account No. 010 -2202 on August 17, 1994; send deposit to "Rapid Gas, Inc., dba United Oil Co., 18525 S. Main Street, Gardena, CA 90248"); and authorize the City Clerk to release the labor and material surety (a cash deposit in the amount of $2,100.00 was deposited into refundable Account No. 010 -2202 on August 17, 1994; send deposit to "Rapid Gas, Inc., dba United Oil Co., 18525 S. Main • Street, Gardena, CA 90248") in six months provided no claims have been filed. [Report from Public Works Department] 13. Removed from the Consent Calendar. Volume 49 - Page 85 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ln ¢ 3 A ~ ~_Mp 3 m Wn = ° W w 0Z J1 w o March 13, 1995 INDEX 14. RESUBDIVISION NO. 724 (MODIFICATION OF THE Resub 724/ • ENCROACHMENT AGREEMENT WITH THE BALBOA Balboa Fun FUN ZONE TO CONSTRUCT NON - STANDARD STREET Zone IMPROVEMENTS ALONG THE EDGEWATER PLACE, (84) PALM STREET, WASHINGTON STREET, AND BAY AVENUE RIGHT -OF -WAYS AROUND THE FUN ZONE DEVELOPMENT) - Approve the application subject to: Execution of a revised Encroachment Agreement for non - standard improvements; authorize the Mayor and City Clerk to execute the Agreement; authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder and issuance of an Encroachment Permit from the Public Works Department. 15. Removed from the Consent Calendar. 16. HARBOR PERMIT APPLICATION 110 -1124 - Approve Harbor Permi the subject application by KOUSSAY OKKO to 110 -1124 E. revise the residential float bayward of 1124 East Balboa Bl Balboa Boulevard to extend his dock to the U.S. (51) Pierhead Line as authorized by Council Policy H -1, Section 23-C, and direct staff to allow future applications between U.S. Bulkhead Station 110- • 112 to extend the U.S. Pierhead Line. [Report from Harbor and Beaches Committee] NOTE: Council Member Edwards requested the record reflect that he will abstain from voting on Consent Calendar Item No. 16 due to a possible conflict of interest. 17. HARBOR PERMIT APPLICATION BY DUNCAN Harbor Permi MCINTOSH - Approve request to temporarily revise 3366 Via Lid the commercial docks bayward of Lido Village at & 101 N. Bay 3366 Via Lido, and the Newport Dunes at 101 North side Dr Bayside Drive, subject to conditions in the staff (51) report. [Report from Marine Department] 18. BUDGET AMENDMENTS (40 ) BA -028, $74,896.44 - To revise budget for receipt of the final distribution of Ackerman Trust; distribution of the check will be done according to the Trust agreement with 60% going to UCI and 40% to be used for City scholarships and high tech library equipment. BA -029, $350,380 (The City Manager referenced • Budget Amendment No. BA -029 and stated the dollar amount figure should be corrected to read $1,376,875) - To defer miscellaneous capital project appropriations to the 1995 -96 fiscal year this budget amendment will effectively delete appropriations in 1994 -95. [Refer to report w /agenda no. 131 Volume 49 - Page 86 CITY OF NEWPORT BEACH MINUTES ROLL CALL 'M A Q M¢ W ~ 3A w U7 U W =UUo 0 � > O J w Z March 13, 1995 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR • 2. Proposed ORDINANCE NO. 95 -8, being, Ord 95 -8 Veh /Trfc /Pkg AN ORDINANCE OF THE CITY COUNCIL OF (85 ) THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040(a) OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PARKING METER FEES. [Report from Public Works/Traffic Engineering] Sid Softer, 900 Arbor Street, Costa Mesa, addressed the Council and requested that the entire concept of parking meters be studied to determine whether or not they are really financially beneficial to the City considering the cost of enforcement, breakage, personnel, etc. Motion x Hearing no further comments, motion was made All Ayes by Council Member Cox to introduce Ordinance No. 95 -8, and pass to second reading on March 27, 1995. 13. Report from Public Works Department Capital Prj/ recommending amendments to the 1994/95 General Fnd • CAPITAL PROJECTS PROGRAM, GENERAL FUND Moratorium MORATORIUM; and postponing until the 1995/96 BA -029 (40) fiscal year those projects shown on Exhibit "b." [Report from Public Works Department] In response to question raised by Council Member Glover regarding Street Tree Reforestation Phase I in the amount of $17,154, the City Manager reported that the dollar amount is the City's matching share towards a State grant. Pertaining to the Street Light Replacement program, he stated that the City has a number of areas where the street lights are "less than modem" and it is recommended that these obsolete lights be part of a one -time postponement for approximately 6 to 8 months. Motion x In view of the foregoing, motion was made by Council Member Glover to approve the recommended action. Mayor Hedges stated that the Council has not had the opportunity to go through the items listed in the staff report on a line -by -line item, and asked the City Manager if the Capital Projects freeze is not lifted as recommended, will there be a measurable detriment to the City, to which the City Manager replied that in some cases "yes." He discussed the importance of the Capital Improvement program, and how some projects would be affected if delayed. Volume 49 - Page 87 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ A W ~ ¢pag00 3A=UCoo ¢ w —J w March 13, 1995 INDEX A1,LAyes There being no further remarks, the motion on the • floor was voted on and carried. 15. Report from Public Works Department regarding Dover Dr /GPCI direction to staff to initiate the Master Plan of & O/C Mstr P1 Arterial Highway (MPAH) Amendment process with Arterial Hwy the County for the RECLASSIFICATION CHANGE FOR BA -029 (4 0 ) DOVER DRIVE (BETWEEN COAST HIGHWAY AND WESTCLIFF DRIVE) IN THE GENERAL PLAN CIRCULATION ELEMENT AND ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. [Report from Public Works Department] In response to question raised by Council Member Edwards, the Public Works Director stated that if the subject action is approved, staff will initiate the process to form a cooperative study agreement with the County to look at the various traffic projections that are needed within the Circulation System and to come up with a joint recommendation on changes. It is anticipated that the County's process can be completed in 6 months and that a City General Plan amendment can be initiated for the September amendment • cycle. In response to question raised by Mayor Hedges, the Public Works Director stated that the Utilities /Public Works Committee has not had an opportunity to review the scope of the proposed study as of this date. Following remarks by Council Members Cox. Debay and Watt, Council Member Glover stated that this item is on the Agenda at her request; however, it has been discussed at many meetings in past years and is not a "new" subject matter. She stated that the surrounding community wants to keep this a residential area, and do not want it to be urbanized with a six -lane highway. The following persons addressed the Council in support of the proposed study and not widening Dover Drive: Jim Bailey, 2301 Margaret Drive Jan Vandersloot, 222116th Street John Sturgess, 601 Cliff Drive, President, Cliff • Haven Community Association Volume 49 - Page 88 CITY OF NEWPORT BEACH MINUTES ROLL CALL o= q¢LjWOO? LdaaxUc)o }W ¢ 0 >W > w March 13, 1995 INDEX • It was indicated by the above speakers that if the classification change for Dover Drive is ultimately approved and Dover Drive is not widened, they felt it will not only save taxpayer monies, but the wetlands will be saved, and the church property will not be infringed upon; therefore, the City should move forward as it has "nothing to lose and everything to gain." Ken Labbe, new business owner of Intrisa and resident in the City, addressed the Council and discussed various methods to alleviate traffic flow on the Peninsula. Motion x There being no further comments, motion was made by Council Member Glover to approve the recommended action. In response to concern raised by Mayor Pro Tern Debay, the Public Works Director stated that the study will reflect whether or not it is in the best interest of the City as a whole to not widen Dover Drive. Ayes The motion was voted on and carried. PUBLIC HEARING(Sl 19. Public hearing regarding Proposed ORDINANCE Ord 95 -5 NO. 95 -5, being, Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE PARKING OF AUTOMOBILES, STORAGE OR PARKING OF BOATS, CAMPERS, AND TRAILERS; AND PROPERTY MAINTENANCE ON RESIDENTIAL PROPERTIES (PLANNING COMMISSION PCA 813 AMENDMENT NO. 813). Report from Planning Department. The Planning Director stated that this particular amendment had its genisus with the West Newport Comprehensive Plan Committee and the problems which they identified with respect to the storage of vehicles, boats, campers and white goods in front yard areas. While some of these problems are • currently addressed in the Municipal Code under Chapter 10, Offenses and Nuisances, it is proposed to codify these restrictions under the Zoning Code where they can be more readily addressed by the Volume 49 - Page 89 ROLL CALL • Motion All Ayes r �J • CITY OF NEWPORT BEACH MINUTES Ln Q ,.3 M F HGQPX0z 3Q=000 Q Lr, w w March 13, 1995 1 N Code Enforcement Officer. The Ordinance under consideration is the result of several meetings with the City Attorney, Police Department, and Planning Departments. The Amendment was considered by the Planning Commission on February 9,1995 and approved unanimously. X Hearing no one wishing to address the Council, the public hearing was closed, and Mayor Pro Tem Debay moved to adopt Ordinance No. 95 -5. Mayor Pro Tern Debay expressed her appreciation to the staff for the subject Ordinance on behalf of the West Newport Beach Comprehensive Committee, and stated that the object of this project was to clean up the older areas of the community to make them more desireable for full - time residents, and now that the City will have these new regulations in effect, she would only hope they get properly enforced. The motion on the floor was voted on and carried. 20. Mayor Hedges opened the public hearing Ord 95- regarding proposed ORDINANCE NO. 95 -6, being, Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.69 OF THE NEWPORT BEACH MUNICIPAL CODE WHICH IMPLEMENTS THE PROVISIONS Of CALIFORNIA GOVERNMENT CODE ARTICLE 10.7, CONCERNING LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE AND SECTION 20.81.020 WHICH DELINEATES THE POWERS AND DUTIES OF THE MODIFICATIONS COMMITTEE, SO AS TO ESTABLISH PROVISIONS FOR THE MODIFICATIONS COMMITTEE TO TAKE ACTION ON CONDOMINIUM CONVERSIONS THAT REQUIRE A COASTAL RESIDENTIAL DEVELOPMENT PERMIT (PLANNING PCA 817 COMMISSION AMENDMENT NO. 817). Report from Planning Department. The Planning Director stated that the proposed amendment was initiated by the City as a follow up to the recent Zoning Amendment pertaining to condominiums last October. He noted that Coastal Residential Development Permits are currently required when a property owner I) demolishes or converts II or more dwellings units in two or more buildings, 2) demolishes or converts three or more dwellings units in one structure, or 3) constructs 10 or more units on a vacant piece of property. The Volume 49 - Page 90 W4 3 ROLL CALL • Motion All Ayes • • CITY OF NEWPORT REACH MINUTES LO Q 3 M W F H ¢ 3g2UQ)0 ¢ M L� Q W x O w 0 J w Z , March 13, 1995 I Coastal Residential Development Permit process currently requires review and action by the Planning Commission. The proposed Amendment would give the Modifications Committee the authority to approve CRDP's when converting three or four dwelling units to condominiums and five to fifteen dwelling units to condominiums not involving a Tenatative Tract Map. This item was reviewed by the Planning Commission on February 9,1995 and approved unanimously. x Hearing no one wishing to address the Council, the public hearing was closed, and motion was made by Council Member O'Neil to adopt Ordinance No. 95 -6. 21. Mayor Hedges opened the public hearing U/P 354 regarding Use Permit No. 3548 - Request to permit (88 ) the construction of a second dwelling unit (Granny Unit) on property located in the R -1 District in accordance with Chapter 20.78 of the Municipal Code that permits a second dwelling unit if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to permit a portion of the structure to encroach 4 feet into the required 10 foot rear yard setback located of 2318 Laurel Place, at the northwestedy terminus of laurel Place, northwesterly of Irvine Avenue. in Newport Heights. Report from Planning Department. The Planning Director stated that the proposal is to establish a dwelling unit for the grandparents of the owners residing at 2318 Laurel Place in Newport Heights. The project meets all of the requirements of the City's regulations governing Granny Units with the exception of a comer of the building which encroaches into a required 10 foot rear yard setback. The staff has provided a Supplemental Report regarding the history of Granny Units within the City and the option to allow the more popular Grany Unit as opposed to second dwelling units which the City specifically prohibits. The City has approved fifteen previous requests for Granny Units, four of which were never constructed. This specific application was reviewed by the Planning Commission on February 9. 1995 and unanimously approved. David Pedersen, 2318 Laurel Place, Applicant, addressed the Council and stated the proposed Granny Unit is for his wife's grandparents. Volume 49 - Page 91 NDEX CITY OF NEWPORT BEACH MINUTES ROLL ¢ Q W � 3n �AOOz CALL =v00 w w March 13, 1995 INDEX Discussion ensued wherein the Planning Director U/P 3548 • responded to questions raised by Council Member Glover referencing the Supplemental Report. Council Member Glover also stated that most of the Granny Units in the City are located in Newport Heights in the R -I District, and because the City must meet the State's requirements regarding low income housing, the City has relegated this area to R -2 status by allowing second units. She stated that in the future, she would like to see a broader notification of the public hearing for Granny Unit applications rather than just the required 300' radius, as well as notification to the affected homeowner association president. In reply to the above, the Planning Director stated that currently this is a Use Permit process, and that notification is given on this type of an application to all owners of property within 300 feet of the applicant's subject property. The staff also maintains an active community association roster and always notifies the affected associations. The City Manager advised that 77 property owners • were notified of this public hearing as well as the President of the Newport Heights Community Association. The Planning Director also noted that a questionnaire is sent out annually to the owners of Granny Units, and if there is no response, the staff follows up with a personal inspection. He stated that the response to the questionnaire has been favorable, and he has no knowledge of non- compliance with the Granny Unit Ordinance. It was pointed out by Mayor Pro Tern Debay for the benefit of those in the audience and those watching this meeting on television, that the subject Granny Units are a type of low -cost "senior" housing with a limit of 640 sq. ff. Mayor Hedges asked the City Attorney if the City Council had the right to require that the applicant agree to a physical on -site inspection as to compliance with the Granny Unit Ordinance if deemed necessary by the City. The City Attorney replied in the affirmative, and stated that if the Council approves an additional Contition of Approval, he would recommend the following language: Volume 49 - Page 92 CITY OF NEWPORT BEACH MINUTES ROLL CALL U) ¢ AQwWOOJ, Ld ~ 3M2VC7O Q U7 > J W March 13, 1995 INDEX • "That the property owner by virtue of Council approval of this Use Permit consents on an annual basis to a physical inspection of the property in addition to complying with any written request for verification submitted by the Planning Director or his staff." Mr. Pedersen approached the lectern and stated he had no objection to the above Condition of Approval. There being no one else wishing to address the Council, the public hearing was closed. Motion x Council Member Edwards spoke against the proposed Condition of Approval regarding an annual on -site inspection, and moved to sustain the decision of the Planning Commission and approve Use Permit No. 3548. Motion x Substitute motion was made by Mayor Hedges to Ayes x x x modify the decision of the Planning Commission Noes x x x x and approve Use Permit No. 3548 with the added Condition of Approval as stated in the above, • which motion FAILED. Ayes x x x x x The original motion as made by Council Member Noes x x Edwards was voted on and carried. 22. Mayor Hedges opened the public hearing Beauty Parlo2 regarding introduction of Proposed ORDINANCE . Nail Salon being, Definitions (94) 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 DEFINITIONS FOR THE TERMS "BEAUTY PARLOR" AND "NAIL SALON," AND TO ESTABLISH PARKING REQUIREMENTS FOR NAIL SALONS(PLANNING PCA 816 COMMISSION AMENDMENT NO. 816). Report from Planning Department. The Planning Director stated this is an item that was initiated by the City Council approximately one year ago, and establishes a definition for the term "nail salon" and "beauty parlor," and establishes a new parking requirement for nail salons based upon a formula of one - parking space for each 80 square feet of gross area within the structure. If the proposed Ordinance is adopted, if will affect a number of commercial areas in the City as Volume 49 - Page 93 CITY OF NEWPORT BEACH MINUTES ROLL CALL 3 ° HMOx0z Cr } Q w = ° w U H 0 March 13, 1995 INDEX enumerated in the staff report, and if will also Beauty Parlor • require the Council to initiate further amendments Nail Salon to the various zoning districts and specific area Definitions plans to cover a wider area of the City. This item was reviewed by the Economic Development Committee on February 9, and by the Planning Commission on February 23. 1995, both of which voted unanimously to recommend disapproval. The Committee felt that an attempt on the part of the City to aggressively regulate one business type (i.e. nail salons) would significantly affect that business's ability to locate within the City and would negatively affect the tenant mix of the overall community. Currently, the City has problems with only two nail salons in the City, and he stated the Commission felt that an Ordinance of this type was not appropriate inasmuch as there is only two situations in the City that are creating a problem. Mayor Hedges stated that the subject Ordinance was developed at his request. He noted that approximately one year ago the City adopted an emergency ordinance which placed a moratorium on the establishment of nail salons and beauty • parlors while the City worked through changes in parking requirements. What prompted this Ordinance was a problem in Old Corona del Mar, but similar problems also exists in areas on the Peninsula where older retail stores with adequate parking to support the various types of low- intensity operations performed at that time are now high - intensity businesses such as nail salons and beauty parlors. He stated he felt the proposed Ordinance was an attempt to solve this problem. Ken Labbe addressed the Council again and stated he is involved in real estate development and is currently working with some property owners on the Peninsula in creating a comprehensive plan of development for the center of the City which includes interior parking structures. He stated this is a long -term plan and the reason he is addressing the Council at this time is just to make himself known prior to going through the required approval process. Mayor Hedges informed Mr. Labbe of the newly formed Balboa Peninsula Planning Advisory • Committee which is being considered later in the meeting, and suggested he contact that organization once it gets established. Volume 49 - Page 94 ROLL CALL 0 Motion Motion Ayes. Noes • CITY OF NEWPORT BEACH MINUTES M ty cl: X q W F- F -MmXOZ Qww0J, XMT > L" Li V X > (.70 J H w March 13, 1995 IND Council Member Cox pointed out that one of the businesses in Old Corona del Mar that was causing a problem is no longer in operation , and he has heard that the nail salon business is not as popular as it used to be. Therefore, he stated he will not be supporting the Ordinance for the reasons as stated in the staff report by the Economic Development Committee and Planning Commission. X In view of the foregoing, motion was made by Council Member Cox to deny Amendment No. 816. x Mayor Hedges stated he felt this item needed Ord 95 -1 x x x x further public hearing, and therefore, moved a X x x substitute motion to Introduce Ordinance No. 95- 10, and to continue the public hearing to March 27, 1995, which motion carried. PUBLIC COMMENTS Kurt Cook, 545 Redlands Avenue and Tony Melum, Jr., 2315 Margaret Drive, addressed the Council and submitted a petition requesting consideration be given to.developing more parks and playing fields in the City because of the need for additional baseball diamonds and soccer fields. CONTINUED BUSINESS 23. Reports from Public Works Department regarding Trfc Enc SETBACKS ON 20' ALLEYS, and Setbks 2 Alleys 24. PARKING ENCROACHMENTS IN 20' ALLEYS. (8 5) The Public Works Director noted the following with regard to Setbacks on 20' Alleys: In 1961, the Council adopted an Ordinance that added a table of required setbacks for various width alleys. It specified a 2.5' setback for buildings next to alleys that are 20' or more in width. This requirement remained in effect until the adoption of Ordinance No. 93 -18 which eliminated any setback if the alley is 24' or wider. It has been suggested that 20' wide alleys do not require any setback. Alleys of this width can provide reasonable garage access without the additional space created. In light of the Fire Department's observation that open garage doors reduce the available alley width for tall vehicles such as fire equipment, the City Council may wish to mandate roll -up doors if the setback is eliminated. Most of the 20' alleys are located on the Peninsula where the most common alley width is 10'. With a 5' Volume 49 - Page 95 EX 9 r /Pkg Of CITY OF NEWPORT BEACH MTNTTTF.� ROLL CALL Q Q a1-- g3q=°0o H Q M 0 M x > o W z March 13, 1995 INDEX • setback on both sides of a 10' alley, the total available width would be 20'. This provides the Trfc Engr/ Setbks 20' basis for another argument supporting a zero Alleys setback on 20' alleys. A number of zero setback projects have been approved on 20' alleys. These requests have been on a case -by -case basis and approval is obtained through the Modifications Committee. If the Council believes that setbacks on 20' alleys are important for access to parking, no action is required and the current modification process will remain in place. If the City Council feels that no setback is required on these alleys, a change to the Zoning Code would simplify the process by eliminating the need for property owners to go through the modification process. The procedure for this is to refer the matter to the Planning Commission for a public hearing. The Planning Commission will then make a recommendation back to the City Council. With regard to Parking Encroachments in 20' Alleys, the Public Works Director summarized his report and stated that staff recommends that the fuu alley width be maintained in order to maximize the • usability of the parking spaces. Parking is at such a premium on the Peninsula that many residences are built with additional setbacks specifically to provide parallel or perpendicular parking on private property. Parking which encroaches into the alley creates an even greater obstacle to those trying to access parking spaces. Staff acknowledges that such encroachments may provide additional parking spaces. A nighttime survey of the 20' alleys disclosed relatively little alley encroachment and many open parking spaces on the surrounding streets. If encroaching is allowed, staff does not feel that the extra spaces created would compensate for the resultant loss of maneuverability for residents accessing their garages. Motion X Following discussion, motion was made by Mayor All Ayes Hedges to initiate a revision to the zoning code removing the requirement in residential districts for any setback on alleys 20' or more In width and refer the matter to the Planning Commission for public hearing. on X Mayor Hedges also moved to affirm the current Ayes Municipal Code restriction on parking in alleys. Volume 49 - Page 96 ROLL CALL • Motion All Ayes C Motion All Ayes • Motion All Ayes CITY OF NEWPORT BEACH MINUTES M Q Q 3 Q H 3A2°L.70 > W UJ P X W > O -J Ld Z March 13, 1995 INE 25. Appointments to the ECONOMIC DEVELOPMENT Economic COMMITTEE. Cmte x Motion was by Mayor Hedges to confirm the following: Rush Hill, Chairman Local Organizations: Representative of the Building Industries Association who conducts business within the City: Tom Redwitz Areas of Special Expertise: Individual w /special knowledge in financing public /private business ventures including capital and operational activities: David Blankenhom Individual w /special knowledge in the restaurant industry: Bill Hamilton Member at large: Edward Selich Member at large: Don Glasgow City Business Districts: A member of the Advisory Board of Business Improvement Districts, the Board of Directors of an Association, or member of other organizations representing the following areas. Airport Area: Harry Wollinson Cannery: Marie Schock Corona del Mar. Ron Yea Lido District: Pat Galvin CURRENT BUSINESS 26. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE. BT /CAC (24) Resignation letter from Melvin S. Mann. x Mayor Hedges moved to accept resignation letter and defer (District 1) his appointment to fill unexpired term of Melvin S. Mann ending December 31, 1995, to March 27, 1995. 27. Report from Assistant City Manager regarding Bal Pns: BALBOA PENINSULA PLANNING ADVISORY Ping Ad, COMMITTEE. (2 4 ) x Motion was made by Mayor Hedges to adopt Res 95 -, Resolution No. 95 -32, (as revised) establishing the subject committee and confirm the following appointments: Volume 49 - Page 97 EX Dev La v /Cmte 32 ROLL CALL C J • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES En 3 M W H H Cr MMMUL90 r¢ W Lj U1 cwa P W X O h > O J J w Z , March 13, 1995 INE Chairman: Fritz Duda Balboa Peninsula /Lido Area: Tim Collins: William Wren; (open) Member at Large: Tim Stroder Member at Large: (open) Member at Large: (open) In response to question raised by Tom Hyans, President, Central Newport Beach Community Association, regarding the relationship between the Economic Development Committee and the Balboa Peninsula Planning Advisory Committee as referenced in the proposed Resolution under duties and functions, Mayor Hedges responded that the Economic Development Committee has a breath and depth of expertise as to the type and quality of development the City is looking for on the Peninsula rather than the haphazard nature which has grown over the years, and it is the Council's hope to have the EDC's input and perspective into the workings of the Balboa Peninsula Planning Advisory Committee. This proposed advisory committee is in addition to the Economic Development Committee and will stand alone. 28. PARKS, BEACHES AND RECREATION COMMISSION VACANCY. Mayor Hedges advised that the Council Ad -Hoc Appointments Committee reviewed 34 applications for the subject vacancy, and interviewed ten of those individuals on Sunday, March 12. He stated that it was very difficult to select two nominees inasmuch as all of the applicants qualified for the position. X Motion was made by Mayor Hedges to confirm the PB &R Cm; following nominations to fill the unexpired term of Cheryl Hart, ending June 30, 1998, for appointment on March 27,1995: Alexandria Phillips AND Kenneth Bonner Volume 49 - Page 98 ,EX -14i ROLL CALL • • CITY OF NEWPORT BEACH MINUTES M Q 1,3 Q¢ W HpgQXOZ 3 Q W Q n c07 W S O U w > J, U H W 0 March 13, 1995 I Meeting adjourned at 8:50 p.m., in memory of • George Hoag, II, who passed away recently, a renowned businessman and philanthropist recognized for his dedication and personal support through the Hoag Family Foundation of many institutions, namely Hoag Memorial Hospital: and • Anna June A. J. WevBl, who passed away recently, a longtime Balboa resident and kindergarten teacher. The agenda for this meeting was posted on March 8, 1995 at 11:20 a.m., and the supplemental agenda was posted on March 10, 1995 at 11:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: City Clerk dV ��/ ® Rta Volume 49 - Page 99 1V 1JM,