HomeMy WebLinkAbout04/27/1992 - Regular MeetingCITY OF NEWPORT BEACH
COLKIL MEMBERS REGULAR COUNCIL MEETING
PLACE: 2rs 0M'1� \P*1\ TIME: T: April 27, 199
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Present x
Excused x
Motion
All Ayes
Motion
All Ayes
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Mayor Pro Tom Turner presented a Proclamation
in recognition of taking an active interest in
the education of the youth of the City of
Newport Reach to Kiwanis Club representatives
Jack Cearlings, Board Member; Joel Carlson,
President; Jessica Katz, student at UCI; and
Patty Myung, student at Corona Del Mar High
School.
Mayor Pro Tem Turner presented a Proclamation
in recognition of National Youth Service Day,
April 28, 1992 in the City of Newport Beach to
representatives Eli Sills, Corona Del Mar High
School; Leigh :Mueller, Newport Harbor High
School.
B. Reading of Minutes of Meeting of
April 13, 1992 and Adjourned Meeting of
April 20, 1992, 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. Public hearing regarding:
A. Local Coastal Program Land Use
Plan Amendment No. 26
A request to rescind Resolution
No. 92 -3, which approved LCP Land
Use Plan Amendment No. 24 and
increased the allocation of office
development in Corporate Plaza
West Planned Community from
115,000 square feet to 145,000
square feet;
AND
B. Amendment No. 755
A request to amend the Civic Plaza
Planned Community Development Plan
so as to permit 30,000 square feet
of additional office development
transferred from the Corporate
Plaza West Planned Community;
UiE
C. Amendment No. 756
A request to repeal Ordinance No.
91 -47, which adopted the Corporate
Plaza West Planned Community
Development Plan, and amend a
portion of Districting Map No. 48
so as to reclassify property from
the, Planned Community (P -C)
District to the Open Space (0 -S)
and Unclassified (U) Districts;
Ordinance No. 92 -11, being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH REPEALING
ORDINANCE NO. 91 -47 AND
Volume 46 - Page 139
I Du
LCP /LUP
Amnd 26
Zoning(94)
PCA 755
PCA 756
CSI -TPLA is - %Ts 7
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MINUTES
1IN1 MA
AMENDMENT NO. 730 FOR
CORPORATE PLAZA WEST
PLANNED COMMUNITY (PLANNING
COMMISSION AMENDMENT NO.
756);
AND
D. D. ReviLsed Development Agreement
C -2823
Bo. 4
(38)
A request to repeal Ordinance No.
91 -46 and adopt Revised Devel-
opment Agreement No. 4 between The
Irvine Company and the City of
Newport Beach for the Library
Exchange Agreement.
Ordinance No. 92 -10, being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH REPEALING
ORDINANCE NO. 91 -46 AND
APPROVING REVISED
DEVELOPMENT AGREEMENT NO. 4
FOR THE LIBRARY EXCHANGE
AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE
IRVINE COMPANY.
Report from the Planning Department.
Council was advised that after the
agenda was printed, an Addendum Report
from the Planning Department was
received, as well as a letter from Bill
and Diane. Thornton with concern about
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the height of the Library roof.
The City Attorney advised the Council
that a minor change to the original
agreement between the City and The
Irvine Company consists of the
following: the original agreement
contemplated the transfer of 115,000 sq.
ft. of entitlement from Newport Village
to two sites in Newport Center; 30,000
sq. ft. of that entitlement was to go to
Corporate Plaza West, and 85,000 to
Corporate Plaza. The proposed actions
would change the transfer of entitlement
from Corporate Plaza West to Civic Plaza
(30,000 sq. ft. of entitlement goes to
Civic Plaza as opposed to Corporate
Plaza West).
After it was determined that no one
wished to address this issue, the public
hearing was closed.
Motion
x
Motion was made to approve the project
All Ayes
as recommended by the Planning
Commission; and adopt Resolution No. 92-
Res 92 -32
32 rescinding Resolution No. 92 -03 and
approving, Local Coastal Program
Amendment No. 26; adopt Resolution No.
92 -33 approving Amendment No. 755 to the
Res 92 -33
Civic Plaza Planted Community District
Regulations; adopt Ordinance No. 92 -11;
and adopt Ordinance No. 92 -10.
E. PUBLIC COMMENTS:
None.
Volume 46 - Page 140
Motion
All'Ayes
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ON
CITY OF NEWPORT BEACH
April 27, 1992
F. CONSENT CALENDAR:
The following actions were taken, except for
those items removed:
1. ORDINANCES FOR
Pass to second reading on Nay 11, 1992 -
(a) Proposed ORDINANCE NO. 92 -12,
being.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 12.44.020 OF THE
MUNIICIPAL CODE TO ADD THE SOUTH
SIDE OF 32ND STREET BETWEEN BALBOA
AND NEWPORT BOULEVARDS TO PARKING
METER ZONE 5. [Report from
Offstreet Parking Committee]
(b) Removed from the Consent Calendar
(refer to agenda item G. 1 for
Council action).
Schedule for public hearing on
Nay 11, 1992 -
(c) Proposed ORDINANCE NO. 92 -14,
being.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ARMING DISTRICTING MAP NO. 10 TO
RECLASSIFY TWO LOTS LOCATED ON THE
NORTHERLY SIDE OF WEST BALBOA
BOULEVARD (706 AND 708 WEST BALBOA
BOULEVARD) FROM THE R -1 DISTRICT
TO THE 0-2 (OPEN SPACE) DISTRICT;
AND TO RECLASSIFY A SINGLE LOT
LOCATED ON THE SOUTHERLY SIDE OF
WEST BAY AVENUE (717 WEST BAY
AVENUE) FROM THE R -2 DISTRICT TO
THE 0 -S (OPEN SPACE) DISTRICT. A
request of the Newport Harbor
Yacht Club. (Planning Commission
Amendment No. 751) [Report from
the Planning Department]
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 92 -34 authorising
the submittal of an application to
the Orange Co�mty Transportation
Authority (0(; TA) and the Southern
California Association of
Government (SLAG) SB 821 1992 -93
Funding Program for the
construction of pedestrian and
bikeway facilities in Newport
Beach; and also authorising the
City Manager or his designee to
make the application and act as a
City contact person. [Report from
the Public Works Department]
(b) Resolution No. 92 -35 making
finding of sufficiency of
petitions from property owners
UNDEEGROUNDING UTILITIES ON
NEWPORT ISLAND (Proposed
Assessment District No. 63).
[Report from the Public Works
Department]
Volume 46 - Page 141
MINUTES
INS(
Ord 92 -12
Trfc /Pkg
(85)
Ord 92 -14
Zoning
(94)
SB 821 Fndg
1es 92 -34
(74)
1(89)
gr Utl/
D#63
92 -35
COUNCIL MEMBERS
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CITY OF NEWORT BEACH
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(c) Resolution No. 92 -36 making
appointments in proposed
Assessment District No. 63,
(Assessment Engineer: BSI
Consultants, Inc., and Bond
Counsel: Brown, Diven 6
Nentschke). [Refer to report
v /agenda item F -2(b)]
(d) Resolution No. 92 -37 adopting
boundary map of proposed
Assessment District No. 63.
[Refer to report w /agenda item
F -2(b)]
(e) Resolution No. 92 -38 of Intention
covering preliminary determination
to order construction of improve-
ments in proposed Assessment
District No. 63; ordering
preparation of an Engineer's
Report; and providing for the
issuance of bonds. [Refer to
report w /agenda item F -2(b)]
MINUTES
INDEX
Undrgr Utl/
AsmtD#63
Res 92 -36
(89)
Undrgr Utl/
Asmt D #63
Res 92 -37
(89)
Undrgr Utl/
Asmt D#63
Res 92 -38
(89)
(f) Resolution No. 92 -39 affirming the
Undrgr Utl/
environmental documentation
Asmt D$63
(Negative Declaration) for
proposed Assessment District No.
Res 92 -39
63. [Refer to report w /agenda
(89)
item F -2(b)]
(g) Resolution No. 92 -40 passing on
Undrgr Utl/
the Engineer's Report, for
Asmt D #63
Assessment District No. 63, giving
Res 92 -40
preliminary approval to the
(89)
report; and setting a public
hearing on the Resolution of
Intention for 7:00 P.M. on
June 22, 1992. [Refer to report
w /agenda item F -2(b)]
(h) Resolution No. 92 -41 passing on
Undrgr Utl/
the environmental documentation
Asmt D #63
(Negative Declaration) for
Assessment District No. 63.
Res 92 -41
[Refer to report v /agenda item
(89)
F-2(b)]
(i) Resolution No. 92 -42 approving
Undrgr Utl/
plans and specifications for
street lighting system on Newport
Asmt D#63
Island (Assessment District No.
Res 92 -42
63); and authorizing the City
(89)
Clerk to advertise for bids to
construct street ,lights, to be
opened at 11 :00 A.M. on May 19,
1992. [Refer to report w /agenda
item F -2(b)]
CONTRACTS /AGREffiNTS:
None.
CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Marc J. Creel alleging his vehicle
Creel
struck pothole in street resulting
in new tire rim and realignment of
front end, on MacArthur Blvd. near
Bison Avenue on March 23, 1992.
Volume 46 - Page 142
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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April 27, 1992
Volume 46 - Page 143
(b) Janet Marion Martin alleging car
Martin
was towed illegally from front of
107 -B 33rd Street at West
Oceanfront on March 5, 1992.
(c) Kirk Parker alleging property
Parker
damaged as a result of city work
on water lines on 1132 W. Balboa
Blvd. on April 8, 1992.
(d) James W. Schenold alleging his car
Schenold
was rear -ended by City dump truck
on Balboa Avenue on November 14,
1991.
(e) Marie Van Der Linden alleging flat
Van Der
tire as a result of wide crevice
Linden
left unmarked at alley east of
Sapphire /Diamond, Balboa Island,
on March 24, 1992.
(f) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action) .
5.
SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
6.
REQUEST TO APPROVE/FILL PERSONNEL
VACANCIES:
None.
7.
STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar
(refer to agenda item G. 3 for
Council action).
For Council information and filing:
(b) Report to the . City Manager
Planning
regarding ACTIONS TAKEN BY THE
(68)
PIANNIRG COMMISSION ON April 9,
1992.
S.
PUBLIC HEARING SCHEDULING - Nay 11,
1992:
(a) GENERAL PLAN AMENDMENT 91 -1(B) -
GPA 91 -1(B)
A request to consider adoption of
(45)
a Growth Management Element of the
Newport Beach General Plan in
compliance with the Revised
Traffic Improvement and Growth
Management Ordinance approved by
the voters in Measure M; and the
acceptance of an Environmental
Document. [Report from the
Planning Department]
Volume 46 - Page 143
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CITY OF NEWPORT BEACH
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April 27, 1992
(b) CONSTRUCTION OF CURB, GUTTER AND
PW /Sdwlk
SIDEWALK ALONG PROSPECT STREET
Crb Gtr
BETWEEN NEWPORT SHORES DRIVE AND
Cnstr /Prspct
PACIIFIC COAST HIGHWAY - Direct the
staff to use the procedure of
Npt Shrs Dr
Chapter 27 of the Improvement Act
PCH
of 1911 to complete construction
(74)
of curb, gutter and sidewalk along
a portion of Prospect Street
between Newport Shores Drive and
Pacific Coast Highway. [Report
from the Public Works Department]
S
1991 -92 STREET RESURFACING AND SLURRY
1991 -92 St
SEAL PROGRAM (C -2905) - Approve the
Rsrfcg /Slry
plans and specifications; and authorize
Seal Prgrm
the City Clerk to advertise for bids to
C -2905
be opened at 11:00 A.M. on May 14, 1992.
(44)
[Report from the P u b l 1 c W o r k s
(38)
Department]
10. TRAFFIC SIGNAL MODIFICATIONS ON BALBOA Trfc
BOULEVARD AT MAIN STREET, PAIN STREET Mdfc
AND 23RD STREET (C -2906) - Approve the Balh
plans and specifications; affirm
categorical exemption; and authorise the Paln
City Clerk to advertise for bids, to be C -2c
opened at 11:00 a.m. on May 21, 1992. (38)
[Report from Public Works Department/
Traffic Engineering]
11. CITY COUNCIL TRAVEL AUTHORIZATION/ Cncl Expns
EXPENSE RECORD - Approve Council Members (33)
Ruthelyn Plummer's and Evelyn Hart's
expense record totaling of $256.00, to
meet with Orange County Legislators in
Sacramento on March 19, 1992.
12. BUDGET AMENDMENTS - For approval:
BA -050, $106,500.00 - Increase in Budget
Appropriations for funding the
installation of a Traffic Signal at San
Miguel and Pacific View Drives; Public
Works Fund.
RA -051, $12,500.00 - Increase in Budget
Appropriations for purchasing (4) 4MB
486 PC's and 3 Desk Jet Printers;
Library Fund.
BA -052, $2,121.00 - Increase in Budget
Appropriations for purchasing of sign
materials; General Services Fund.
S
[Report from General Services Director]
(44)
RA -053, $1,900.00 - Increase in Budget
Appropriations for special refuse pickup
for Newport Shores; General Services
GS
Fund. [Report from General Services
(44)
Director]
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Proposed ORDINANCE NO. 92 -13, being,
Ord 92 -13
Bus Lic/
AN ORDINANCE OF THE CITY COUNCIL
Shrt Trm
OF THE- CITY OF NEWPORT BEACH
ESTABLISHING REGULATIONS FOR THE
Rentals
OPERATION OF SHORT TERN LODGING
(27)
UNITS WITHIN RESIDENTIAL ZONES,
AMENDING SECTIONS 5.04.030 AND
Volume 46 - Page 144
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Motion
Ayes
Abstained
Motion
All Ayes
X
X
x
X
X
CITY OF NEWPORT BEACH
X
April 27; 1992
5.04.040 OF THE MUNICIPAL CODE,
AND ADDING CHAPTER 5.95 TO THE
MUNIICIPAL CODE. [Report from
Deputy City Manager]
Letter from Newport -Mesa
Association of Realtors in support
of the proposed ordinance.
After it was determined that no one
wished to respond to the issue, proposed
ORDINANCE NO. 92 -13, ESTABLISHING
REGULATIONS FOR THE OPERATION OF SHORT
TERN LODGING UNITS WITHIN RESIDENTIAL
ZONES, was introduced, and passed to
second reading on May 11, 1992.
Late claim of American International
Recovery, Inc., alleging property damage
as a result of insured (Anita C.
Smith /claim filed 1 -30 -1991) being rear -
ended by City truck while at stop light.
The City Attorney advised that the
subject claim is untimely filed;
therefore, motion was made the record
reflect that it is rejected.
Report from the City Attorney
recommending conceptual approval of a
waiver of OCEANFRONT ENCROACHMENT FEES
In exchange for dedication of property.
The City Attorney, upon questions of
Council, stated that this is to
ascertain whether the Council is
interested in the concept of the
dedication of these lots to the City in
exchange for a waiver of fees. He
advised that after explaining the
concept to the Regional Director of the
Coastal Commission, it was indicated
that the Coastal Commission staff and
the Commission itself would probably
support a corresponding proposed LCP
Amendment.
The Public Works Director added that
between B Street and E Street there are
approximately ten parcels remaining in
private ownership; they range in size
from 1200 to 2000 sq. ft., and over the
years, the City has followed a practice
of acquiring these parcels when the
opportunity presents itself.
The City Attorney advised that the
benefit to the City would be to
exercise complete control over all of
the property on the ocean side of the
sidewalk if the property is acquired as
fee title. He added that currently, the
property is designated as open space,
and if, for example, a property owner
wanted to put in a patio ancillary to
their permanent residence on the other
side of the boardwalk, the City would
have some difficulty in declining that
request, or be subject to legal action.
Volume 46 - Page 145
f7i.71139
American
Internation-
al Recovery
Claim(36)
Oceanfrnt
Encrchm
Fees /Exchg
(68)
f011
/ 1
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CITY OF NEWPORT BEACH
\ April 27, 1992
Motion x
Motion x
Ayes x x x x x
Noes x
Otion
All Ayes
x
[IV MW
In an effort to respond to further
Ocenfrnt
inquiry by the Council, the City
Encrchm
Attorney advised that Council is being
Fees /Exchg
asked to consider a formal written
agreement, whereby the City would agree
to waive encroachment fees and the
property owner would agree to dedicate
that land to the City.
Motion was made to not approve the
concept of Oceanfront Encroachments
Dedication of Land In Lieu of Payment of
Fee.
Following discussion, substitute motion
was made to approve the report from the
City Attorney recommending conceptual
approval of a waiver of OCEANFRONT
ENCROACHMENT FEES in exchange for
dedication of property, which motion
carried.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 92 -9, being,
Ord 92 -9
Trfc /Pkg
AN ORDINANCE OF THE CITY COUNCIL
(85)
OF THE CITY OF NEWPORT BEACH
ADDING SECTION 12.66.082 TO THE
NEWPORT BEACH MUNICIPAL CODE TO
PROVIDE FOR APPLICATION OF VEHICLE
CODE TO PRIVATE STREETS IN THE
TERRACES OF CORONA DEL MAR
DEVELOPMENT. '
Recycled report from Public Works/
Traffic Engineering dated April 13,
1992.
Motion was made to adopt Ordinance No.
92 -9.
I. CONTINUED BUSINESS:
1. Status report from the City Attorney
Catalina/
regarding the revised commercial harbor
Fun Zone
activities permits for CATAL7HA
Cmcl Actv
PASSENGER: SERVICE and FUN ZONE BOAT
Permits
COMPANY.
(51)
Supplemental Report dated April 27,
1992, (with an amended permit for the
Fun Zone Boat Company) from the City
Attorney was received after the agenda
was printed, which supersedes the
April 22 report.
The City Attorney reported that Catalina
Passenger Service has withdrawn their
application (letter to City Attorney on
file) to transfer entitlement previously
granted to Fun Zone, and will continue
to operate under existing permits.
The City Attorney advised that staff is
proposing the application of Fun Zone
Boat Company (which was to amend their
1990 permit to allow them to move their
operations from 700 Edgewater to 600
Edgewater) be granted subject to the
terms and conditions that are found in
the Commercial Activities Permit that
accompanies the Supplemental Report. He
discussed some of the Terms and
Volume 46 - Page 146
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CITY OF NEWPORT BEACH
April 27, 1992
Conditions; of the amended permit, i.e.:
that Fun Zone Boat Company has agreed to
reduce their passenger capacity from the
current 396 authorized by permit to 331
(including crew members); that they
agree to the proposed Terms and
Conditions, which will improve the
City's ability to control their
operations and to insure that there is
no adverse impact on public health,
safety and welfare in the area; that
they shall use their best efforts to
provide alternative parking to the
municipal lot, or bus transportation for
all of the private party charter
passengers; agree to restrictions on the
hours of operation, amount of noise that
can be generated by charter activities,
stringent restrictions on their right of
transfer ( "...that the City Council
reserves the sole discretion to approve
any transfer from the location described
in the permit.. ").
Bruce Voss, 453 Santa Ana Avenue,
Attorney for the Fun Zone Boat Company,
addressed the Council stating that the
language .. "use its (Fun Zone Boat
Company) best efforts to insure that all
private party charter passengers park in
facilities other than municipal lots..,"
is a legal phrase that does mean
something very significant. He added
that the only problem they may have is
with weddings, but over the years they
have not had any problems.
Discussion ensued, wherein motion was
made to approve the amended permit, with
the exception of Terms and Condition No.
4, and bring the issue back within 45
days for further review to be consistent
with the harbor activities regulations
of the City's Municipal Code.
In response to Council inquiry, the City
Attorney advised that Fun Zone Boat
Company is asking for Council approval
of an amended permit, and the amendment
process gives the Council authority to
impose additional conditions that are
reasonable on the permittee. Further,
that, if the permittee were coming
before the Council now to apply for a
permit, they would have to provide
parking in accordance with the terms of
the Commercial Harbor Activities Permit
Ordinance. They do have "grandfathered
rights," but now they have asked to
change their location, and as a
condition of approval to move their
operations, conditions can be impose
that are necessary for the health and
safety of the people in the area, and
one of these would be to require bus
transportation for those passengers
whose sole reason for coming down to the
Peninsula is to board a private charter
party operated by the Fun Zone.
In response to the City Attorney and the
Council as to whether he would agree to
the re- imposition of Terms and Condition
No. 4 at a later date, Mr. Voss replied
in the affirmative.
Volume 46 - Page 147
MINUTES
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Fun Zone
Boat Co.
CITY OF NEWPORT BEACH
COUNCIL METERS
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Discussion ensued, wherein, Council
Member Hart asked the maker of the
motion to consider moving ahead with the
staff recommendation, including Terms
and Condition No. 4, to read, "Fun Zone
shall insure that all private party
charters provide parking consistent with
Chapter 5.18 of the Newport Beach
Municipal Code,' to which Mayor Pro Tem
Turner agreed, and the motion was voted
on and carried.
2. Report from the Planning Department
regarding VARIANCE NO. 1154, a request
to clarify and interpret Condition of
Approval No. 7 of the previously
approved Variance No. 1154 which
permitted: the construction of a second
floor addition to a single family
dwelling which exceeded 1.5 times the
buildable area of the site; and
permitted the waiver of one of the
required off - street parking spaces. The
previous approval also included a
modification to the Zoning Code so as to
allow various front, side and rear
yard encroachments associated with the
second floor addition. The current
discussion involves a request to clarify
and interpret the condition of approval
which prohibited the construction of a
fence, building or other obstruction
higher than six inches in the side yard
setback adjacent to the alley, property
located at 527 Park Avenue.
Recycled letter from applicant Maxwell
B. Phillips requesting appeal be
deferred to April 27, 1992.
The Planning Director summarized for the
Council that this was a request to
clarify and interpret a condition of
approval which exists on this particular
variance since it was approved on
July 20, 1989; that on June 8, 1989, the
applicant appeared before the Planning
Commission with a modification requests,
as described in the foregoing, and also
requesting to construct a new fence
along the alley, southerly of Park
Avenue, between Topaz and Turquoise. In
preparation of a staff report for the
meeting of June 8, 1989, staff had
analyzed the requests, and it was
recommended that specifically the new
fence be eliminated which was proposed
to be constructed on the property line
adjacent to the alley. The reason was
that it was felt by the staff the new
fence would interfere with vehicular
access to existing parking spaces on the
other side of the alley.
The Planning Director advised that:
because of the Planning Commission's
concerns about Mr. Phillips' request,
the public hearing was continued to its
meeting of July 20, 1989 and new plans
were submitted by Mr. Phillips for
consideration on that date. In this
respect, the Planning Director made
Volume 46 - Page 148
MINUTES
1 T111 .
Zone
Co.
Variance
1154
(91)
10 6
COUNCIL MEMBERS
April 27, 1992
ROLL CRLL
MINUTES
i "hey'
reference to the drawings which depicted
Variance
that the original plans Mr. Phillips
1154
submitted on June 8, 1989 showed the
proposed construction of a new fence,
and the plans submitted to the Planning
Commission on July 20, 1989 showed that
the proposed new fence construction was
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to be deleted. In addition, the
Planning Commission put a Condition (No.
7) on the approval of the Variance that
No fence, building, or other
obstruction higher than six inches be
allowed in the five foot setback
adjacent to the alley, except for the
proposed second floor encroachment.
Permits were issued for the remodeling
on December 6, 1989, and the project was
finished on January 10, 1991. During
the remodeling process, apparently there
was an existing fence about 2 -1/2 feet
in the alley, which was in a
deteriorated condition, and in the
process of the reconstruction, the fence
started to fall over and was leaning
over the building as it was being
remodeled. In an attempt to remedy the
situation, the applicant proceeded to
repair the existing structural members
of that fence in place, and install new
vertical fence elements and paint the
new fencing. Permits for that "so-
called" existing fence were issued
approximately three months after the
repair to the existing fence was
completed. At that time a dispute arose
between the applicant and the City staff
regarding language in the approval of
the Variance fence in
prohibiting any
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the alley setback, vs. the fact that
there was no mention of an existing
fence. Staff was unable to resolve the
dispute with the applicant, and a
lawsuit was filed by the City on
February 20, 1991. On November 20,
1991, the applicant agreed to submit the
dispute to the Planning Commission for
binding determination of whether the
interim fence must be removed. The
Planning Commission was subsequently
asked to review, clarify, and interpret
Condition No. 7, and on February 6,
1992, the Commission voted "three Ayes,
one No, and three Absent," that the
Condition is clear and that nothing
higher than six inches is allowed in the
five foot setback adjacent to the alley.
Mr. Phillips has now appealed the
Planning Commission's clarification and
ruling of February 6 to the City
Council.
In conclusion, the Planning Director
advised that there are two possible
actions that could be taken by the City
Council: 1) Council can support the
Planning Commission inasmuch as there
was no reference ever made to an
existing fence, either at the time the
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plans were originally submitted to the
Planning Commission, or on any plans
that were seen by the Planning
Commission, or 2) If the City Council
desires to allow Mr. Phillips to retain
Volume 46 - Page 149
CITY OF NEWPORT BEACH
April 27, 1992
Volume 46 - Page 150
MINUTES
154
this fence, which is about 2 -1/2 feet
back from the alley, the matter could be
set for a formal public hearing at which
time Staff could physically change the
wording of the condition, if warranted.
Upon inquiry by the Council, the
•
Planning Director restated that there is
an existing fence, but there was never
any mention made of this in any of the
staff reports, or shown on any plans
submitted. He added that at the time
that the applicant submitted the
original plans, he was required to show
all of the existing structures and
fences, etc. on the property, and show
what the new condition was to be, but
that the applicant showed a new fence
which had been moved out so as to be
posted on the property line. Also, he
stated that, If an existing fence had
been shown on the original plans, he was
almost positive that the Public Works
Department would have required that it
be removed.
Further discussion ensued, wherein the
Planning Director pointed out that at
some time, this particular property was
subdivided into two pieces, and Mr.
Phillips ended up with the rear one -half
portion of the property. Because of the
Variance, the staff and the Planning
Commission required that there be no
fence in that setback area.
The Public Works Director advised that
the Municipal Code has recognized for
•
many years that the narrow alleys on
Balboa Island, Central and West Newport,
and elsewhere in the older parts of the
City are inadequate for parking use,
unless there is a setback provided, and
there is in the Municipal Code
specifically a rear yard setback
required adjacent to alleys, which is
almost universally honored in the City.
He reiterated that in this particular
instance, because of the way the
property was subdivided years ago, this
is a side yard, rather than a rear yard.
Maxwell Phillips, 527 Park Avenue,
Appellant, addressed the Council stating
that he felt he complied with all of the
requirements of the City for his
remodeling project, and the City
individual who was on site checked to
see if everything was being built
correctly. He stated that as far as he
is concerned, this individual was aware
of the existing fence, and that this was
noted to the Planning Commission. Mr.
Phillips stated that he did ask in his
original Variance to move the fence to
the alley line, which was denied and he
left the old fence as it was.
40ion
x
Discussion ensued, wherein motion was
S
x
x
x
x
made to sustain the action of the
Noes
x
x
Planning Commission.
Volume 46 - Page 150
MINUTES
154
CaMIL MEMBERS
1&%MANNS
'u-11
CITY OF NEWPORT BEACH
April 27, 1992
Recycled report from the Public Works
Department dated April 13, 1992,
concerning letter from Mr. Ralph Miller,
protesting the placement of an
electrical service pedestal at 600 -1/2
South Bay Front (COLLINS AVENUE STORM
DRAIN AND BALBOA ISLAND ALLY
RECONSTRUCTION CONTRACT NO. 2866).
The City Manager brought the Council up
to date, advising that he and Jeff
Staneart, the Acting Utilities Director,
visited the site last week to look for
alternate locations to install the
electric service box, and could not,
unless Mr. Miller would grant the City
an easement to locate the box on his
property. Based on Mr. Miller's
unwillingness to accept the location
that staff proposed, it is recommended
to leave the box in its present
location.
Council was further advised that if Mr.
Miller were to agree to granting the
City an easement, the pedestal box would
be moved one to two feet closer to his
home, and closer to a planter where the
City offered to remove some existing
brick work, and plant some shrubbery to
screen the electrical pedestal box, at
a minimal cost to the City. It would
meet all of the electrical codes in
terms of distance from the house,
shrubbery, and from other utility
locations (gas meter).
Ralph Miller, 600 -1/2 South Bay Front,
Balboa Island, addressed the Council,
thanked the Council and staff for their
attention and for allowing him to
express his concerns. He advised that
the original plans for the installation
of the electrical service pedestal
called for placing it on the telephone
pole, and had been approved by the
Southern California Edison Company.
Since then, he stated that it was
determined by the Public Works
Department to place it near the rear of
his property, and within eight inches of
his property line. He suggested that a
new box be designed with smaller
dimensions, or adapt the current box to
an adequate size to hold the component
parts, and that he would be willing to
pay for this change. In conclusion, he
stated that he doesn't believe such a
large piece of equipment is necessary to
handle such a small job.
Jeff Staneart, Acting Utilities
Director, addressed the Council in
response to whether a smaller box could
be used. He stated that in looking at
Mr. Miller's proposal and looking at the
electrical service requirements of the
Southern California Edison Company for
480 volt, three -phase electrical
service, he does not believe that such
a proposal would satisfy the
requirements of either the National
Electrical Code or the Southern
California Edison Company. He added
Volume 46 - Page 151
MINUTES
Utilities/
Collins Av
Strm Drn/
Balboa Is
Alley Re-
cnstr
C -2866
(38)
COUNCIL MEMItERS
•
Motion x
All Ayes
E
•
CITY OF NEWPORT BEACH
MINUTES
April 27, 1992
INDEY
that he agrees with Mr. Miller about the
Utilities/
unsightly presence of the pedestal, but
Ralph Miller
to have the meter installed on the
adjacent power pole in the alley behind
the property, as Mr. Miller suggests,
would require the City to rescind its
current standards for the installation
of such meters, and require the Southern
California Edison Company to violate the
National Electrical Code.
Following discussion by staff and
Council, motion was made to accept the
report from staff with recommendation to
leave the box in its present location.
Upon suggestion by Council Member Hedges
and no objections from Mayor Pro Tem
Turner, the foregoing motion was amended
to include, "or that staff execute an
easement agreement (within two weeks)
with the appellant to have Southern
California Edison review the situation
and relocate the box, if possible,"
which motion carried.
J. CURRENT BUSINESS:
1. Report from the Parks, Beaches and PB &R /Pkg
Recreation Director regarding PARKING OF Veh on
VEHICLES ON PUBLIC PARKS at the request Pblc Prks
of Council Member Hedges. 1(62)
The City Manager provided a summary,
advising that this item was discussed at
the last Council meeting when the
American Legion was seeking use of the
grassy area of the 15th Street public
park for overflow parking during their
fund raising special events activities.
As a result of much discussion, the
Council granted parking on the grassy
area on a one -time basis only; in the
meantime, the Parks, Beaches and
Recreation Director drafted a policy at
the request of Council Member Hedges
with alternatives for operational
purposes, depending on the Council's
desire.
Council Member Hedges presented a file,
for the record, with a significant
amount of signatures collected in
support of the American Legion being
allowed to use the grassy area of the
subject park for overflow parking for
specific special events which deal with
charity - oriented organizations.
Council Member Hart stated that she was
also in support of the American Legion
and all the good things that they do for
the community, but she added the
American Legion needs to analyze and
plan their parking needs in relation to
the leased property. She added that all
other special events must show a City
parking plan before they are issued a
parking permit for use of off -site
parking, and that this system can work
for the American Legion as well, but
Volume 46 - Page 152
R7"
•
Motion
Motion
All Ayes
•
X
CITY OF NEWPORT BEACH
DG-11061
April 27, 1992
RU
u y
turning our parks over to parking is not B &R /Pkg
a good thing to do. She re- stated that eh on
"there is a greater need to keep this pblc Prks
green turf as a park, as this is the
only grassy area on the Peninsula from
38th Street until the Balboa Pier area."
Bill Von Each, 110 Via Cristo, Vice
President of the Corporate Board of the
American Legion, addressed the Council,
stating that in the past they have been
able to utilize the grassy park area for
overflow parking by informal permission,
during their special events community
activity functions which occur
approximately six to ten times per year.
Fred Thompson, 124 E. Bay Avenue,
President of the Central Newport Beach
Community Association, and American
Legion member, addressed the Council
advising that neither he, nor anyone
else in the association has the
authority to speak to the issue of
parking on the grassy area, and their
association has no documented position.
He stated that the park is
underutilized, and most people don't
realize it is a public park, as it is
minus any amenities. As Fred Thompson
the citizen, he offered that the
American Legion has been a very good
neighbor for many years, wherein he and
his wife have attended many of the
Legion's functions, and he requested
that no action be taken tonight on this
item, but to defer this issue until the
Central Newport Beach Community
Association, the American Legion and
Parks, Beaches and Recreation can come
up with a solution. If action is taken
tonight, he would support option (b) of
the recommended action.
Discussion ensued with respect to the
fact that there are times when
adjustments need to be made to
accommodate the use of the turf areas of
the City, wherein motion was made to
approve option (b), and adopt a policy
that upon approval of the Parks, Beaches
and Recreation Department, parking of
motor vehicles can occur on turf at park
facilities, subject to conditions.
Substitute motion was made to defer
action to give the Central Newport Beach
Community Association and the American
Legion an opporttmity to work on
improving the amenities for public use
of the 15th Street park, subject to
approval of the Parks, Beaches and
Recreation Commission, which motion
carried. In the meantime, utilize the
church lot for overflow parking from the
American Legion yearly events.
Volume 46 - Page 153
•
•
u
CITY OF NEWPORT BEACH
April 27, 1992
Meeting adjourned at 9:00 p.m.
The agenda for this meeting was posted
on April 23, 1992 at 8:20 a.m., on the
City Mall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
ATTEST:
1.
tz ��
Volume 46 - Page 154
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