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Home My WebLink About10/22/1990 - Regular MeetingOUNCIL MEMBERS • Present Ix I x Motion All Ayes Motion All Ayes • • CITY OF NEWPORT BEACH x x x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: October 22, 1990 Mayor Plummer presented a Proclamation to Merritt Johnson, President, United Way of Orange County, and George Busdeicker, Jr., Area Representative, declaring NOVEMBER 1990, "UNITED WAY MONTH" IN NEWPORT BEACH. Mayor Plummer presented Certificate of Appreciation to Mary Ann Nash, President, Harbor Key, in recognition of the 30TH ANNIVERSARY FOR THE HARBOR KEY AUXILIARY OF CHILD GUIDANCE CENTER OF ORANGE COUNTY. A. ROLL CALL. B. Reading of Minutes of Meeting of October 8, 1990, was waived, approved as written, and ordered filed. C. Reading of all 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 regarding Local Coastal Program Land Use Flan Amendment No. 23 establishing a policy regarding private oceanfront encroachments onto public property and providing for the extension of the existing oceanfront sidewalk and bike path from the Santa Ana River to the West Jetty. Report from the Planning Department dated October 22, and recycled report from the City Council Meeting of October 8, 1990. Report from Building Director regarding 5901 Seashore Drive. Letters from John S. Watts, Roger Fryer, Carl and Rita Writer, Mr. and Mrs. Howard Cattle, Mary and Victor Bishop, Eleanor and Bob Todd and John Roubian regarding the encroachment issue, bike path extension, and pedestrian traffic. The City Clerk advised that after the agenda was printed, twelve additional letters were received regarding the oceanfront encroachments and the proposed extension of the bike trail from the following: Guner C. Mayer, Balboa Peninsula Point Association's petition with signatures of residents from East Ocean Volume 44 - Page 352 LCP /LUP Amnd No.23 Oceanfront Encrchms (68) CITY OF NEWPORT BEACH MINUTES G C' r G QZ ' G �� October 22, 1990 ROLL CALL Front, Michael and Elizabeth Kirchner, Oceanfront Charles and Phyllis Kirchner, Robert E. Encrchms Corrigan, Central Newport Beach Community Association, Hancock Banning, III, Marian . • L. Glib, Mr. and Mrs. William C. Sangster, Central Newport Beach Community Association, Charles Goldsworth, Gordon S. Barienbroek, and Phillip R. McGraw. The City Manager advised that at the public hearing on October 8, 1990 regarding oceanfront: encroachments, the City Council requested additional information concerning 1) Bluffs Development, 2) Buena vista, 3) Ocean Front Easement Dedication Language, and 4) Encroachments at 5901 Ocean Front - (5901 Seashore) which the staff has addressed in their report dated this date. The following persons appeared before the Council regarding this issue: Douglas Boyd, President, Balboa Peninsula Point Association, stated that: since the October 8, 1990 City - Council meeting, their Association conducted a survey of those property owners /residents whose homes abut and /or have minimal encroachments identified by the Citizens' Advisory Group. These individuals have expressed their willingness to remove any structural encroachments as they believe the extension of a walkway /biketrail will have a major and irreversible impact on the sand beach and the entire "Point" residential community. The Association also feels there is ample and adequate public access to the beach. Carolyn Blevins, 1130 W. Ocean Front, spoke against the oceanfront encroachments and in favor of extending the boardwalk. Lori. Gardner, 1811 Tarager Drive, Costa Mesa, stated that she and her husband have recently rented a home on Seashore Drive for four months because they like West Newport and the beach area. She spoke in support of the oceanfront encroachments, and urged the Council to adopt the _ • recommendation of the Ocean Front Encroachment Committee. She also indicated her opposition to extending the boardwalk. Volume 44 - Page 353 COUNCIL MEMBERS \AL q� � \9,� � � L • u • CITY OF NEWPORT BEACH MINUTES October 22, 1990 Cindy Gittleman, 4705 Seashore Drive, spoke against the oceanfront encroachments; against the extension of the boardwalk; and also stated she felt: the existing public access to the beach is adequate. Michael Harms, 5811 Seashore Drive, spoke in support of keeping the encroachments and against any extension of the boardwalk. Val Scoro, 1601 Bayadere, Irvine Terrace, stated he is an avid bicyclist, and is opposed to extending the boardwalk, as he felt there are adequate bike trails already in the City. Ear]. V. Nellesen, 2910 W. Ocean Front, spoke neither for nor against the encroachments, but did urge the City Council to take a position at this time. Dayna Pettit, 1741 Plaza Del Sur, representing Peninsula Point Homeowners residing on the oceanfront beach, stated that even though the encroachments in their area are minor in nature, the affected residents are willing to remove those encroachments in order to eliminate the threat of a boardwalk in front of their homes. John Kraus, 10 Wild Goose Court, spoke in support of the Ocean Front Encroachment Committee's recommendation and against the extension of the boardwalk. Suzanne Warner, resident on Seashore Drive, spoke in opposition to extending the boardwalk as she already has a bike path behind her home. John Hedges, 2914 W. Ocean Front, stated that his property does not encroach into the oceanfront; that he is neither for nor against the encroachment issue; however, he would hope the City Council can arrive at an equitable solution. Volume 44 - Page 354 ront COUNCIL MEMBERS ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES October 22, 1990 Yvonne Cobb, 6304 W. Ocean Front, spoke in favor of the Ocean Front Encroachment Committee's recommendation. She also pointed out that there are 89 street end public access points from Peninsula Point to the Santa Ana River, and felt there is adequate public parking and restroom facilities for the beachgoers. Darwin Pearson, 1249 -1/2 Balboa Boulevard, stated he felt that no oceanfront encroachments should be allowed, and if permitted, the fees recommended by the Committee are too low. He also felt the bike path /boardwalk should be extended the entire length of the oceanfront. Mrs. H.M. Spears, 7208 Ocean Front, stated that her encroachment has been in existence for 25 years and should be allowed to remain. She supports the recommendation of the Ocean Front Encroachment Committee, and is Opposed to extending the bike path. Doug Cortez, 6606 W. Ocean Front, stated his patio encroaches 15 feet into the public right -of -way, and therefore, he supports the 15 foot recommendation of the Committee. Tom Bosche, 117 41st Street, stated he was against the encroachments and that all the oceanfront residents should be treated equally. Ernie Townsend, 6206 W. Ocean Front, staged he purchased his property one year ago and that his property has a 17 -1/2 foot encroachment which he was unaware of at the time of purchase, but discovered when he received his deed from the County Recorder. He contracted his real estate agent who told him not to worry about the encroachment, inasmuch as it has existed for 29 years. He then contracted the City who informed him that the Council had not adopted a policy with respect to oceanfront encroachments. He stated he felt he is a "victim" of circumstances and should not be penalized since the encroachments have been allowed to remain for so many years. With regard to extending the boardwalk, he advised that he was opposed to it. Volume 44 - Page 355 CITY OF NEWPORT BEACH COUNCIL MEMBERS G q -p2 �, 1� to S October 22, 1990 L CALL • • MINUTES Vern Monroe, 5209 Seashore Drive, received clarification from the City Attorney with regard to the ocean Front right -of -way easements, as referenced on Page 9 of the staff report. Frank C. Kessler, 6003 Seashore Drive, spoke in support of the Ocean Front Encroachment Committee's recommendation of 15 feet. Gunter C. Mayer, 4107 Seashore Drive, referenced his letter of October 18, 1990, in which he outlined a recommended policy for the West Newport area, including its "irreplaceable" beaches. He stated that if the bike path is extended, it would create a "six- foot" concrete playground on the beach and would be a definite detriment to the area. Marcia Nordlund, 5710 Seashore Drive, spoke in support of keeping the oceanfront a residential area. She stated her home is located near a bicycle trail, handball courts, public restrooms and telephone, and that the extension of the boardwalk would only add additional activity. She also commented she was in favor of the Ocean Front Encroachment Committee's recommendation of allowing up to 15 foot encroachments. Thomas Pratte, representing California League for Coastal Protection, stated that if the bike path is extended, it would provide enjoyment for all its users as well as a. good public access to the beach. William Schumann, 5901 Seashore Drive, spoke in support of allowing the encroachments, and spoke against the extension of the bike trail. Medford Bragg, 5611 Seashore Drive, displayed photographs showing how the oceanfront encroachments protected some homes from severe flooding in 1983 and 1985. He felt the encroachments should be allowed to remain for safety purposes, but also felt: any extension to the boardwalk Would destroy the beach. Mike: Bates, 204 35th Street, spoke in opposition to the encroachments and indicated they should be removed. Volume 44 - Page 356 Oceanfront Encrchms CITY OF NEWPORT BEACH \2�� i9 C, October 22, 1990 • Motion All Ayes • Motion All Ayes Motion x All Ayes Motion *on x MINUTES Jerry Cobb, 6304 W. Ocean Front, Oceanfront Chairman of the Ocean Front Encrchms Encroachment Committee, stated he felt: there is no clear legal solution to the oceanfront encroachment issue, and that it would take years of litigation to solve the matter should it ever end up in court. He stated that the Committee recommended the encroachments not exceed 15 feet because they felt it was a reasonable distance that could be "embraced by all involved" and an acceptable solution. The Committee also felt the Council should establish an unbiased committee to give serious study to enhancing the public beach access. x At this time Mayor Plummer discontinued any further public testimony, and Council Members expressed their concerns regarding the oceanfront encroachments and bike path issues. Following their comments, a vote was taken to separate the oceanfront encroachment issue into three areas: 1) East of "E" Street to Channel Road, 2) "A" Street to east of "E" Street, and 3) West Newport area - Ocean Front and Seashore Drive - Summit Street to 36th Street. ENCROACHMENT POLICY x Motion was made to not allow any structural encroachments in the Peninsula Point area up to east: of "E" Street. Motion was made to allow up to 7 -1/2 foot encroachments from "A" Street to east of "E" Street, providing property owners obtain the necessary encroachment permit from the Public Works Department. Motion was made to allow up to 15 foot encroachments in the West Newport Area - Ocean Front and Seashore Drive - with the understanding that if the City is ordered by the Coastal Commission to install a hard surface sidewalk along the oceanfront, the City reserves the right to either prepare a full environmental impact report for said sidewalk, or reserves the right to abandon the encroachments in their entirety. This motion does not include the requirement for a study of a sidewalk. X Substitute motion was made to uphold the recommendation of the Planning Commission to allow up to 10 foot encroachments in the subject areas. In addition, that this Council not pursue a study of extending the bike path /'sidewalk at this time. Volume 44 - Page 357 COUNCIL G 9\ �2 ROLL CALL Ayes Noes Ayes Motion Motion All Ayes Motion 40 ion x CITY OF NEWPORT BEACH s llxllxlx x x lx X Ayes x Ix x Noes x Motion All Ayes Motion All Ayes X x X x X I x l x MINUTES October 22, 1990 The substitute motion was voted on andOceanfront FAILED. Encrchms The original motion on the floor was voted on and carried. ;3r7Sltj4 #3 1104 Motion was made to require that all property owners comply within 6 months of adoption of this policy. Substitute motion was made to require that all property owners comply within 1 year of the adoption of this policy. The substitute motion was voted on and carried. FEES Motion was made to charge an annual fee of $100 for encroachments up to 7 -1/2 feet, and $200 for encroachments up to 15 feet, with the provision that the staff review the annual Consumer Price Index, and that the revenue generated from these fees be used for improvements in the oceanfront area. Substitute motion was made to charge an annual fee of $300 for encroachments up to 7 -1/2 feet, and $600 for encroachments up to 15 feet, (including CPI annual adjustments) subject to verification by staff as to the cost of improvements, and administering and enforcing said policy. The substitute motion was voted on and carried. Motion was made to close public hearing and adopt Resolution No. 90 -100 incorporating the decisions reached in the foregoing, and including restrictions on allowable encroachments as described on page 4 of the staff report dated October 8, 1990. Motion was made to direct staff to prepare specific language pertaining to implementation of the above, for inclusion in the Council Policy Manual. Volume 44 - Page 358 R CITY OF NEWPORT BEACH \2�� 9ZM ;�i►99J� �G�iP�\ October 22, 1990 MINUTES Volume 44 - Page 359 2. Mayor Plummer opened the public hearing and QUE Enterpr City Council review of an appeal by QUE /p 3392 ENTERPRISES, INC., from the action taken by (88) the Planning Commission on September 20, • 1990, for USE PERMIT NO. 3392. A request to establish a billiards club with approximately 16 billiard tables as well as incidental dining and the service of on- sale alcoholic beverages, including a full service bar on property located at 4250 Martingale Way, at the southeasterly . terminus of Martingale Way, in the Newport Place Planned Community. Report from the Planning Department. It was noted that at its meeting of September 20, 1990, the Planning Commission voted (3 Ayes, 3 Noes, 1 Absent) not to approve the applicants' request to establish a billiards club on the site. Three of the Commissioners were of the opinion that the proposed facility would be an upscale establishment that would be compatible with surrounding land uses. The other three members of the Planning Commission who were present at the meeting were of the opinion that the billiards club would not enhance the City, and that the Police Department had expressed strong • objections to the proposed application. Andrew Hilinski, Santa Ana, and Tim Flathers, Orange, applicants, appeared before the Council and indicated they were in concurrence with the findings and conditions contained in Exhibit "A." Mr. Flathers stated it is their intention to open a very high - quality billiards club to service the executive -type businessman in the airport area. They do not feel there will be a policing problem due to the management: who will be operating the club. They will also adhere to a very strict dress code. Steven Markell, 517 W. Curie Avenue, Santa Ana, addressed the Council in support of the subject request. He stated that he is a frequent billiard player at the Shark Club in Costa Mesa and has never seen any police problems there. He stated he is a businessman in Costa Mesa, and has been playing pool since he was eight years old • and considers it a good clean sport. Hearing no others wishing to address the Council, the public hearing was closed. Volume 44 - Page 359 .CITY OF NEWPORT BEACH COUNCIL MEMBERS � G A October 22, 1990 ROLL CALL Motion All Ayes 0 .7 Motion All Ayes x x MINUTES Motion was made to approve Use Permit No. Finance/ 3392, subject to the findings and Budget conditions listed in the staff report Res 90 -101 designated as Exhibit "A ". (40) E. PUBLIC COMMENTS: 1. George Baker, 434 N. Newport Boulevard, 424 -428 addressed the Council regarding a Npt B1 nuisance /noise problem at 424 -428 Newport Basketball Boulevard. He stated that basketball is Crt being played in the parking lot adjacent to (73) his home for as long as seven hours at a time, and the noise and lights are very disturbing. He stated that the area is zoned residential /commercial and that the basketball equipment was installed without the benefit of a permit from the City. There being no objections, the staff was directed 'to investigate and report back. 2. Taylor Browman, 1319 Antigua Way, Member of SB 3094 the Airport Working Group, addressed the Council regarding Senate Bill 3094 - National Noise Policy. He submitted a copy of a flyer distributed to over 5,000 residents alerting them of said bill and urging they contact their Congressman and Senator to vote against the proposed policy. The City Attorney reported that the City Council has retained two lobbyists in an attempt to defeat SB 3094, and if that cannot be done, the alternative would be to obtain an amendment that would grandfather the restrictions at John Wayne Airport. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCE:; FOR None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 90 -101 supporting the Finance/ REPEAL OF SB 2557 (to protect cities Budget from the State Budget Process). Res 90 -101 (40) (b) Resolution No. 90 -102 of public necessity and intent to CONDEMN BY Property/ EMINENT DOMAIN CERTAIN PROPERTY Bal Is Fire SITUATED AT 122 -124 MARINE AVENUE, Station BALBOA ISLAND, CALIFORNIA, NEEDED FOR Res 90 -102 THE CONSTRUCTION OF A FIRE STATION. (73) (Report from Deputy City Manager) Volume 44 - Page 360 CITY OF NEWPORT BEACH COUNCIL MEMBERS Gp2 F P L CALL v' • 10 MINUTES October 22, 1991) 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to IMarinapar execute Agreement regarding Transfer MHSp 8 -D/ of Mobile Home Space and Compensation Crawford for Services and Costs for Newport C -2838 MARINAPARR MOBILE HOME SPACE NO. 8 -D (38) to Edward A. and Carole A. Crawford. (b) Authorize the Mayor and City Clerk to execute an Agreement with BUSTOP SHELTERS OF CALIFORNIA, INC., to provide bus shelters and benches at various locations throughout the City. (Report from Public Works - Traffic Engineering) (c) Authorize the Mayor and City Clerk to execute an Agreement with Breutoco Engineering and Construction, Inc., of Fontana, the lowest responsible bidder; to extend the award date for CONTRACT NO. 2642 for NEWPORT BOULEVARD WIDENING/ 32ND STREET TO PAC:iFIC COAST HIGHWAY; direct the City staff to notify the unsuccessful bidders and release their bid bonds; and direct City staff to pursue additional funding. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works Department for response, request from Corona del Mar Residents Association for raised medians (to be landscaped) along Pacific Coast Highway from approximately Poppy Road to the City limits in Corona del Mar. top lters of Inc. (38) B1 Wdng St- Engr 642 (74) (b) To Traffic Affairs Committee for TAC response, request from Corolido (85) Community Association, Corona del Mar„ that a "No U -Tura Sign" be placed in the TRAFFIC MEDIAN AT PACIFIC COAST HIGHWAY NEAR SEAWARD. (c) To City Arts Commission, letter from its Cmsn Linda Primrose concerning DISPLAY OF (24) DEROGATORY ART. (d) To staff for report back, letter from INpt -Mesa Newport -Mesa Unified School District UnSchl Dst concerning establishment of DRUG FREE (78) ZONES. Volume 44 - Page 361 COUNCIL MEMBERS VA J\j\ %pp • • is CITY OF NEWPORT BEACH MINUTES October 22, 1990 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: 6. 7. (a) Memorandum from SCAG staff concerning Las Vegas /Anaheim High Speed Rail Project. CLAIMS FOR DAMAGES - For denial and 1(36) confirmation of the City Clerk's referral to the claims adjuster: (a) Doug Banning alleging tire damage due to condition of left side of road on Newport Boulevard, across from the Crab Cooker on October 6, 1990. (b) Budget Rent A Car, aka Spectrum Budget Rent Investments alleging vehicle damaged Car /Spee- by Newport Beach Police Department trum Invesm emergency vehicle at Fairview and Baker Streets on September 5, 1990. (c) Billie Jean Esberto /Michelle Elliott Esberto/ alleging personal injuries as a Elliott result of traffic accident with City Police Officer at Fairview and Baker on September 5, 1990. (d) John F. Johnston alleging personal lJohnston injuries as a result of fall from bicycle on Back Bay Drive, west of East:Bluff north on September 13, 1990. (e) James P. and Cheryl Murphy alleging personal injuries as a result of fall from bicycle on Back Bay Road, approximately 300 years west of East:bluff on September 2, 1990. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Robert D. Furo, Jr., for damages, Orange County Superior Court, Case No. 610679. Claim was denied June 12, 1989. (36) , Jr. (b) James and Judy Oswell, Orange County IOswell Superior Court (Case No. not stated). Application for Leave to Present Late Claim denied September 24, 1990. (c) Nan Wright, for personal injury and (Wright property damages, Orange County Superior Court, Case No, 586064. Claim was denied on January 9, 1989. Volume 44 - Page 362 ICIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES October 22, 1990 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Senior Planner, Planning Department. (b) One Police Dispatcher, Police Department. (c) One Police Records Specialist, Police Department. (d) One Police Officer, Police Department. (e) Two Parking Control Officers, Police Department. (f) One Rangemaster- Armorer, Police Department. (g) One Secretary to the Fire Chief, Fire Department. 9. STAFF AND COMMISSION REPORTS - 66) For Council information and approval: (a) Report from Planning Department 1(68) lanning/ regarding certification of a Negative ity Rfs Declaration for the CITY REFUSE sfr Fac TRANSFER FACILITY. (b) Report from the City Manager regarding COUNCIL POLICY MODIFICATIONS. (c) Recommendation from Transportation Management /Air Quality Management Plan Coordination Ad Hoc City Council Committee concerning participating in the MONORAIL WORKING GROUP. For Council information and filing: (d) Removed from the Consent Calendar. X110. PUBLIC HEARING SCHEDULING - (Tuesday) November 13, 1990: (a) Removed from the Consent Calendar. (b) AMENDMENT No. 718 - Request by REGIS CONTRACTORS, INC. to amend the Villa Point Apartments Planned Community Development Standards so as to allow the construction of an architectural tower within Area 2 of the Planned Community. Said amendment will establish a maximum allowable footprint for the tower of 14 feet by 14 feet (196 sq. ft.) and a. maximum allowable height of 45 Volume 44 - Page 363 licy fctns 9) /AQMPln rd Ad Hoc FAU L • • • CITY OF NEWPORT BEACH OUNCIL MEMBERS Z'itY�tL�` 9 t � A G iP October 22, 19913 0 MINUTES feet. The proposed amendment will also establish a minimum setback of 500 feet from Jamboree Road, 200 feet from East Coast Highway and 40 feet from Back Bay Drive for the architectural tower. Property located on portions of Blocks 94 and 55, Irvine's Subdivision and Parcel 1 of Parcel. Map 12 -21 (Resubdivision No. 242), located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Apartments Planned Community. (Report from the Planning Department) 11. Removed from the Consent Calendar. 12. HARBOR PERMIT APPLICATIONS: Uphold staff's lHarbor recommendation to approve the following JPermits applications, subject to conditions listed (51) in the staff reports: (Reports from Marine Department) (a) Application No. 156 -101 - Ap1i1156- Request by Richard Miller to 101 revise the residential float bayward of 101 North Bay Front. (b) Application No. 153 -219 - Apli #153- Request by George W. Collins, 219 executor of Estate of Louse Allen, to transfer the Harbor Permit bayward of 219 and 221 East Bay Front. 13. SPECIAL EVENTS APPLICATIONS - Uphold Bus Lic/ staff's recommendation to approve the Special following applications, subject to Events conditions listed in the staff report: (Y7) (Report from Business License Supervisor) (a) Application No. 90 -382 - for Newport Harbor High School for public fireworks display at the Homecoming Football Game, Davidson Field, 17th & Irvine Avenues, November 1, 1990 at 8:30 p.m. (b) Application No. 90 -404 - for Balboa Basin Yacht Club for residential use of amplified sound for Fall -Feat BBQ & Lazarrette Sale, Balboa Yacht Basin, November 11, 1990, 11:30 a.m. - 2:30 p.m. Volume 44 - Page 364 COUNCIL MEMBERS is Motion All Ayes • CITY OF NEWPORT BEACH MINUTES October 22, 1990 14. BUDGET AMENDMENTS - For approval: The following are Budget Amendments to I(40) provide for Re- appropriation of Prior Year's Encumbrances BA -011, $3,351,643.48 - Increase in Budget Appropriations; General Fund. SA -012, $197,260.13 - Increase in Budget Appropriations; Park and Recreation Fund. BA -013, $60,753.33 - Increase in Budget Appropriations; Library Fund. BA -014, $261,107.78 - Increase in Budget Appropriations; Gas Tax (2107) Fund. BA -015, $534,633.12 - Increase in Budget Appropriations; Gas Tax (2106) Fund. BA -016, $88,535.70 - Increase in Budget Appropriations; Tide & Submerged Lands Fund. BA -017, $3,781,311.82 - Increase in Budget Appropriations; Contribution Fund. BA -018, $95,000 - Increase in Budget Appropriations; Circulation & Transportation Fund. BA -019, $37,353.33 - Increase in Budget Appropriations; Building Excise Tax Fund. BA -020, $697,751.33 - Increase in Budget Appropriations; Water Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report to the City manager regarding I Plar ACTIONS TAKEN BY THE PLANNING COMMISSION ON Cmsr October 4, 1990. (68) Motion was made to schedule public hearing on Tuesday, November 13, 1990 for Variance. No. 1172, and to receive and file the remaining actions. 2. Report from the Planning Department recommending public hearing be scheduled on November 3.3, 1990 regarding: 1172 (a) GENERAL PLAN AMENDMENT NO. 89 -2fCl - GPA 89 -2(Cj Request initiated by the City of (45) Newport Beach to allow commercial /residential mixed use in the "island" area between North Newport Boulevard and Newport Volume 44 - Page 365 u • Motion All Ayes x CITY OF NEWPORT BEACH MINUTES October 22, 199C1 Boulevard in the Old Newport Boulevard Specific Plan Area. It is also proposed to amend the boundaries of the Old Newport Boulevard Specific Plan Area to delete areas designated for residential use and to consider changes to the issues identified for consideration in the preparation of the Specific Plan; and the acceptance of an environmental document; AND USE PERMIT NO. 3380 - A request of OWEN MINNEY to allow the construction of a combined commercial/ residential project containing 2,000 square feet of commercial development and 3 dwelling units on property located in the C -1 District. The proposal also includes a request to approve a use permit to permit commercial development of the site which maintains a Floor Area Ratio which is less than 0.25. Property Located at 447 North Newport Boulevard, between Orange Avenue and Hospital Road, in the Old Newport Boulevard Specific Plan Area; AND SITE; PLAN REVIEW No. 59 - A request to permit the construction of a combined commercial /residential development within the old Newport Boulevard Specific Plan Area where a Specific Plan has not yet been adopted; AND RESUBDIVISION NO. 929 - A request to resu.bdivide an existing lot and a vacated portion of Newport Boulevard into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. Following comments by Council Member Hart, motion was made to reschedule the foregoing for public hearing on January 14, 1991. 3380 to Pln r 59 3. Report from the Planning Department GPA 90 -3 regarding General Plan Amendment No. 90 -3. (45) requesting to initiate amendments to the Land Use and Recreation and open Space Elements and the Local Coastal Program Land Use Plan. Volume 44 - Page 366 Z� 'P ROLL Motion All Ayes • • X CITY OF NEWPORT BEACH MINUTES f \GN S October 22, 1990 Council Member Sansone stated that he is GPA 90 -3 under the impression from previous presentations before the Council, that the condominium project as originally planned for this area, included some boat slips which would be sold with the condos, and what he would like to know is if these slips are vested with the person modifying the City 1!7ational Bank Building, and will the slips then displace a now existing sailing club? He requested these two concerns be considered by the Planning Commission when this matter is before them. Following the above comments, motion was made to sustain the recommendations of the Planning Commission to initiate amendments, and direct staff to proceed with the preparation of any necessary environmental documents and set for public hearing before the Planning Commission, the following: A. Sheraton Hotel: Request of Larkin, Inc., doing business as Kenlar Hotels, to amend the Land Use Element to eliminate the additional 119 hotel rooms shown for the Sheraton Hotel site and change the entitlement to retail commercial allowing approximately 41,750 sq. ft. The actual retail amount will be determined by the amount of excess land available after reviewing the existing hotel's parking requirements, at a floor area ratio of 0.35. B. Proposal of the City of Newport Beach to review the Recreational and Environmental Open Space and Governmental, Educational and Institutional Facilities land use categories, and the application of these categories to property in the City. The purpose of this review is to standardize the way these two land use classifications are applied. C. Lido Marina Village: Request of Marvin P. Gussman in behalf of Lido Marina Village to amend the Land Use Element of the Newport Beach General Plan and the Local Coastal Program Land Use Plan to change the land use designation of the City National Bank property from Retail and Service Commercial to Multi- Family Residential. This request will allow conversion of the existing building to a. residential condominium project. Volume 44 - Page 367 Motion 10 Ayes Motion All Ayes • X x CITY OF NEWPORT BEACH October 22, 1990 H 1. I J 1 MINUTES The proposal also includes a request to change the floor area limit for the balance of Lido Marina Village from the established FAR of 0.5/0.75 to a specific square footage which reflects the existing floor area in order to allow for renovation and reconfiguration of the existing commercial development. This request would remove the property from the provisions of the flexible FAR limitations, include the building bulk limits which include above grade covered parking. ORDINANCES! FOR ADOPTION: Proposed ORDINANCE NO. 90 -39, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.16.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AIR PROPULSION VESSELS. Recycled report dated October 8, 1990 from the Fire Department. Motion wasp made to adopt Ordinance No. 90- 39. CONTINUED BUSINESS: None. CURRENT BUSINESS: Ord 90 -39 Harbor Reg Air Prop Vessels (51) 0 Report from Park and Tree Maintenance IPB&R Superintendent concerning TREE REMOVAL 2027 APPEAL - 2027 DEBORAH LANE. Debo 1(62) The City Manager displayed photographs of the subject tree, noting the tree is adjacent to a brick sidewalk which has been raised as a result of the tree. The tree has also cracked the curb and gutter. However, the Parks, Beaches and Recreation Commission denied removal of the tree, inasmuch as the tree is 22 feet from the sewer lateral, and they felt there was insufficient damage to warrant removal. Council Member Hart stated that she has had close contact with the property owner at 2027 Deborah Lane, and that the tree has been an ongoing problem for some time; and therefore, she moved to authorize removal and replacement of the subject tree. Volume 44 - Page 368 Tree Ln • • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \2�� Gf October 22, 1990 Meeting adjourned at 10:30 p.m., to Tuesday, November 13, 1990, as Monday is observed as Veterans Day Holiday. The agenda, for this meeting was posted on October 18, 1990 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: Volume 44 - Page 369