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HomeMy WebLinkAbout02/18/1982� � c C 3 6 X m D REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: February 18, 1982 Of Beach MINUTES INDEX x1XIX All Present. * x a EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney a a STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary - * x x Commissioner Allen stated that she has submitted a memo. • to the Assistant City Attorney relating to several of the conditions of approval in the Minutes of January 21, 1982. She suggested that the approval of said minutes be continued to the meeting of March 4, 1982. She added that the City Council appeal period on the items in the January 21, 1982 Minutes has already passed. Motion jjj I I Motion was made to continue the approval of the Minutes - Ayes X X X. of January 21, 1982, to the Planning Commission Meeting Abstain X of March 4, 1982, which MOTION CARRIED. Staff advised that the applicant has requested that Items No. 3 and 4 - Use Permit. No. 2059 and the Tentative Map of Tract No. 11744, be continued to March 18, 1982. Motion- X Motion was made to continue the above stated items to All Ayes X X X X Y X X the Planning Commission Meeting of March 18, 1982, which MOTION CARRIED. COMMISSIONERS MINUTES February 18, 1982 m W m F w. City of Newport Beach LL CALL INDEX Request to amend Chapter 20.73, Residential Condominium Projects, of Title 20 of the Newport Beach Municipal Item #1 Code. INITIATED BY: The City of Newport Beach _ AMENDMENT Planning Director Hewicker presented _background NO. 568 information on this item. Mr. Bob Lenard, Advance Planning Administrator, stated that the 60/30/10 financing program is no longer available. He then described to the Commission other financing programs, including the graduated interest rate program which should be available to the consumers in the next few months. The public hearing opened in connection with this item and Mr. Paul Franklin, resident of 633 Rockford Road in Corona del Mar, read into the record a letter dated February 18, 1982., in support of the proposed ordinance • from the Newport Harbor -Costa Mesa. Board of Realtors. He also distributed a petition containing 59 signatures in support of the proposed ordinance which allows for the conversion of developments of four rental units or fewer to ownership units as a means of providing more obtainable homeownership opportunities. Ms. Mia Dunn, representing the Fair Housing Council of Orange County, read their letter of opposition into the record. She expressed their major concern with the large displacement of elderly and lower income employees which will result if the proposed ordinance is implemented. She stated that a severe shortage of rental housing already exists in the County. She further stated that the converted units would not be affordable to those persons on lower or fixed incomes. She stated that the proposed ordinance will not conserve affordable housing, but will encourage the loss of a large portion of the City's current rental housing stock. Ms. Dunn stated that the City's draft Housing Element is not currently in compliance with State legislation and should not be used as a rational for proposing such an. ordinance. She then described a hypothetical condominium conversion priced at $150,000 and stated • that the costs involved would not be considered affordable. -2- February 18, 1982 � r c m � W m x City of Newport Beach Commissioner King asked Ms. Dunn if it is their position that the converted affordable rental units will become high price purchase units. Ms. Dunn stated that there would be a range of different prices, but that the prices in the City of Newport Beach would probably be higher than her hypothetical case. In response to a question posed by Commissioner King, Ms. Dunn stated that the Fair Housing Council does not currently have any position on rent control. She stated that the rent control issue would not be applicable to the proposed ordinance. Commissioner King stated that the rent control issue would be applicable because there has not been a big rush in the City to build apartments. He stated that one reason that apartments have not been built is because the owners are fearful of rent control problems. Commissioner Balalis stated that the majority of Ms. Dunn's concerns related to low income housing and asked • if the Fair Housing Council represented all segments of the population. Ms. Dunn stated that the Fair Housing Council represents all segments of the population. She also stated that their primary consideration in promoting affordable housing is for low income housing, since it represents the greatest need in Orange County. • Commissioner Balalis asked Ms. Dunn if they would be in favor of the additional rental stock being provided elsewhere in the City, rather than in the coastal zone. Ms. Dunn stated that the Fair Housing Council would encourage the City to pursue such an idea and to build the rentals with subsidies. She stated that they would like to see these additional rental units built before any displacement occurs. Mr. Doug Hockett, realtor located at 1600 Dove Street, read to the Commission a document published by the Department of Housing and Urban Development in June of 1980, relating to the conversions of rental housing to condominiums. He stated that this will only moderately effect the supply in the actual impact to the rental market by approximately a net loss of 5 percent to the rental stock. He further stated that approval of the proposed ordinance will be of benefit to wage earners who wish to prepare for their ultimate retirement. -3- MINUTES INDEX February 18, 1982 of Newport Beach Ms. Jessica Dean, representing the Board of Directors of the Fair Housing Council of orange County, stated that one of their goals is the encouragement and conservation of affordable housing. She stated that the proposed ordinance will eliminate a substantial portion of the existing inventory of rental units in the low and moderate price range. She stated that these converted units will most likely not be affordable to the first time buyers. She asked if the prior conversions have been researched as to their average cost, the percentage of first time buyers and the average income of those buyers. She also expressed concerns relating to the replacement requirement in SB 626 of three years and where will the residents stay during this time. Mr. Barnett Larks, resident of 1901 Beryl Lane, and Vice - President of Friends of Oasis Senior Citizen Center, representing over 2,500 senior citizens appeared before the Commission. Mr. Larks stated that the proposed ordinance will significantly delete the • number of rental units in the City of Newport Beach._ He stated that the proposed ordinance will not be of any benefit to the first home buyers. He expressed a concern that there is no provision or requirement made for the phasing and relocation programs of the conversions. He stated that the renters in the City of Newport Beach are not transients, they are residents of the community. Mr. Larks then referred to the Mello Bill, SB 626, and stated that the conversion or demolition of dwelling units occupied by low or moderate . income must not be approved by a local jurisdiction, unless provision is made for replacement units. He requested that these replacement units be constructed before the conversions are implemented. He further stated that the requirement of the applicant for the conversion, to provide the necessary information relating to the tenant and the tenant income is highly impractical. Commissioner Balalis stated that many of the residents of the City of Newport Beach do not want to report their income levels. Commissioner Balalis asked Mr. Larks if he could provide any information relating to how many of the members rent versus own their property. Mr. Larks stated that his organization will attempt to I I I I I I I I provide such information. Mr. Larks stated that there is a very large number of senior citizen renters in the City. em MINUTES INDEX m et D c o February 18, 1982 of Newport Beach Ms. Jessica Dean, representing the Board of Directors of the Fair Housing Council of orange County, stated that one of their goals is the encouragement and conservation of affordable housing. She stated that the proposed ordinance will eliminate a substantial portion of the existing inventory of rental units in the low and moderate price range. She stated that these converted units will most likely not be affordable to the first time buyers. She asked if the prior conversions have been researched as to their average cost, the percentage of first time buyers and the average income of those buyers. She also expressed concerns relating to the replacement requirement in SB 626 of three years and where will the residents stay during this time. Mr. Barnett Larks, resident of 1901 Beryl Lane, and Vice - President of Friends of Oasis Senior Citizen Center, representing over 2,500 senior citizens appeared before the Commission. Mr. Larks stated that the proposed ordinance will significantly delete the • number of rental units in the City of Newport Beach._ He stated that the proposed ordinance will not be of any benefit to the first home buyers. He expressed a concern that there is no provision or requirement made for the phasing and relocation programs of the conversions. He stated that the renters in the City of Newport Beach are not transients, they are residents of the community. Mr. Larks then referred to the Mello Bill, SB 626, and stated that the conversion or demolition of dwelling units occupied by low or moderate . income must not be approved by a local jurisdiction, unless provision is made for replacement units. He requested that these replacement units be constructed before the conversions are implemented. He further stated that the requirement of the applicant for the conversion, to provide the necessary information relating to the tenant and the tenant income is highly impractical. Commissioner Balalis stated that many of the residents of the City of Newport Beach do not want to report their income levels. Commissioner Balalis asked Mr. Larks if he could provide any information relating to how many of the members rent versus own their property. Mr. Larks stated that his organization will attempt to I I I I I I I I provide such information. Mr. Larks stated that there is a very large number of senior citizen renters in the City. em MINUTES INDEX February 18, 1982 � r ro m . City of Newport Beach MINUTES MLL CALL 1 1 1 1 1 1 1 1 [INDEX • • Commissioner Balalis stated that using the term "low and moderate income" can be very misleading because this does not take into account an individuals total assets or net worth. Planning Director Hewicker referred to the staff report of February 18, 1982 and stated that figures were generated from the 1976 Special Census relating to elderly tenants. Mr. Larks stated that the senior citizen population in the City of Newport Beach has increased dramatically since 1976. Commissioner Allen requested that Mr. Larks research how much the senior citizens pay for their rent. Mr. Larks stated that they will attempt to gather such information. Commissioner Allen stated that the Condominium Conversion Ordinance originally came into existence as the result of the Versailles conversion. She stated that the Versailles conversion displaced a large number of senior citizens. She stated that if the City is to encourage a program for the construction of rental units, then realistic rent figures for the senior citizens are needed. Mr. Larks stated that industry is being lost in the City, because their employees have no place to live. He stated that such employees are looking for rental units, not housing to purchase. Commissioner King stated that the City is bound by the State mandate to implement a Housing Element, of which this conversion process is a part. He stated that the Commission has requested that the financing information be generated, in order to more clearly understand the alternatives. Mr. Larks stated that a denial of this item will satisfy the need at the State level. Ms. Mary Kay Brennan, stated that she is a broker specializing in property management and that her office is located at 3103 Villa Way. Ms. Brennan stated that she has over 700 tenants in this locality. She stated that the City of Newport Beach no longer has a high density turnover population. She stated that 90 percent of the properties that she handles has been -5- CALL -- - - - February 18, 1982 � r c m � m a m w City of Newport Beach c a n m m purchased by single families which intend on using these properties for their retirement. She stated that her typical tenants are single family or single professionals between the ages of 25 and 35 which are of the home buyer age and maturity. She stated that she is in support of the proposed ordinance. She stated that if the proposed ordinance is not adopted, foreign investors and partnerships will be purchasing the .buildings for high potential purposes demanding high rents which in turn, creates a high density transient population. In response to a question posed by Commissioner Balalis, Ms. Brennan stated that she manages over 200 rental units, mainly in the Balboa Peninsula area. She stated that there are no elderly tenants renting these units. In response to a question posed by Commissioner King, • Ms. Brennan stated that the many of the owners of these buildings have been subsidizing the units for the tenants. She stated that many of these single family owners are hoping to move into these units when they retire. She also stated that the purchase of these units as rentals creates a tax shelter for the owner and that rental units do not generally generate a good cash flow. In response to a question posed by Commissioner Allen, Ms. Brennan stated that the lowest rental price for a 2- bedroom /2 -bath, unfurnished unit on the Peninsula is $725.00 per month on a yearly basis. As a comparison, Commissioner King stated that the Housing Element indicates that the median rental range for housing in Newport Beach is $700.00. Mr. Dick Hogan, Planning Consultant, appeared before the Commission representing Mr. Dana Smith, who owns duplex units in the City of Newport Beach. Mr. Hogan stated that they are in favor of the proposed ordinance. He stated that it presents an opportunity to purchase housing in the City of Newport Beach at the lowest prices available. MINUTES INDEX February 18, 1982 r c . City of Newport Beach MINUTES MLL CALL I III Jill I INDEX Mr. Hogan referred to Page 2 of the proposed ordinance, Section 20.73.020 Fees, and suggested that paragraph (c) be added as follows: "(c) the fee established by the City Council to be deposited to a fund to be used for the purpose of acquisition of land or building to be used for low or moderate income housing. Such fee to be refunded to the applicant if the project is not approved." Mr. Hogan stated that the object of the fee would help to satisfy the demand for low and moderate income housing in the City. Mr. Hogan stated that the rental units being referred to tonight are not low and moderate income housing rentals. In response to a question posed by Commissioner Allen, Mr. Hogan stated that the selling price of a new 2- bedroom condominium unit would be in the range of $200,000. He stated that the older converted units would run approximately $150,000 to $175,000. . Commissioner Allen asked Mr. Hogan what they are suggesting as the contribution fee. Mr. Hogan stated that they do not have a specific 'fee in mind. He stated that the fee would have to be reasonable because it would be part of the selling price of the unit. He stated that in financing terms, it may amount to approximately 2 points. • In response to a question posed by Commissioner Beek, Mr. Hogan stated that the proposed fee was not specifically developed toward the Mello Bill, SB 626. Commissioner King asked the staff for the average expenditure to bring the units up to Code, that have been converted in the past, which would justify their selling price. Planning Director Hewicker stated that the staff has not attempted to generate such information. - In response to a question posed by Commissioner King, Mr'. Lenard stated that the new census data will give information relating to income and payment for housing. He stated that the new census data should be available by-the end of the year. -7- . • February 18, 1982 � x r m � m . City of Newport Beach In response to a question posed by Commissioner Balalis, Ms. Brennan stated that there is a huge demand for one bedroom units. She stated that young adults do not want roommate problems. She stated that one bedroom units are not being built in the City of Newport Beach because they have not been economically feasible. Commissioner Balalis requested Mr. Larks to research how many of the senior citizens live alone or cohabitate. He stated that this information will enable the City to determine the size of the units which should be provided, whether they be one, two or three bedroom units. Mr. John Shea, resident of 7 Cambria Drive, stated that he owns an eight unit apartment building in Westcliff which he is desirous of converting to condominium units. He stated that conversion of this building would create housing at fair and .equitable prices. He stated that buildings containing more than four units must also be considered as an alternative. Commissioner Beek stated that the conversion of an eight unit building will not be increasing the supply of housing, it will be providing more ownership opportunities. Mr. Shea stated that such a conversion will be creating a higher tax base and more income to the City. Mr. Jim Grisett, resident of 1034 West Bay Avenue, stated that he is in favor of the proposed ordinance because it will be providing housing at a price level much lower than what is currently available. He also stated that he concurs with the concerns expressed by Mr. Larks relating to the senior citizens of the City. Mr. Robert Berge, resident of 325 Alvarado Place, stated that he is in favor of the proposed ordinance. He suggested that possibly some of the City owned property can be subsidized to provide the low income housing. He stated that approval of the proposed ordinance would help to upgrade many areas of the City. He added that ultimately, a property owner should have the right to use his property to serve his family's best interests and needs. MINUTES INDEX February 18, 1982 X r c m W W G = City of Newport Beach Commissioner King asked the staff to project the tax implications on the conversion of rental properties to single family. dwellings. He stated that the exchange of property will create a variable. He requested that the staff research the amount of tax income to be generated to the City. Mr. Shea discussed a hypothetical case and stated that if an eight unit building which is now generating $2,000 in taxes to the City, were to be converted, it would then generate approximately $12,000 in revenue to the City. Commissioner Beek requested that the sales price of the past conversions be researched, as well as the prices of the new condominiums which have recently been approved. Mr. Lawrence Harrison, resident of 709 Marguerite Avenue, stated that many of the new condominium units • in the Corona del Mar area have sold for $325,000 to 385,000 each, within the last year. Commissioner Balalis stated that he is familiar with a new condominium unit which has recently sold for $315,000. Whereas, he stated that a comparable, new single family home in the same neighborhood has sold for $565,000. Commissioner Balalis stated that through the Housing Element, the Planning Commission can possibly help the City to provide housing for all segments of the population. He stated that the condominium conversion ordinance would provide housing for a segment of the population. Commissioner Balalis suggested that a hearing be held at a later date in order to propose a means of creating a rental housing zone. He suggested that huge density increases should be provided in areas of the City which will make it attractive for individuals to provide the rental housing. He suggested that smaller rental units should be considered for individuals who do not want to share their unit with roommates. He stated that this will help to solve the housing problem. ME MINUTES INDEX February 18, 1982 X W m City of Newport Beach Motion X Motion was made to continue Amendment No. 568, to the Planning Commission Meeting of March 18, 1982, in order for the staff to generate the information which has been requested by the Commission. He also stated that this will give Commissioner Balalis time to generate back -up material on his rental housing zone proposal.. Commissioner Allen stated that phasing of the conversions will prevent mass relocation in the City. She suggested that development or quality criteria be considered as a standard if there is to be a fixed number of units converted per year. She stated that if there is a high demand to convert, then a criteria list may be beneficial, such as the degree in separation of the units, amount of parking on -site, development intensity and density. Commissioner Balalis stated that the requirements of the units for sale, should not exceed the requirements • of the rental units. Planning Director Hewicker stated that any conversion would be required to conform with the existing Building Code and existing Zoning Regulations in terms of parking, energy laws, sound attenuation, separation between structures, and density land use. All Ayes • Commissioner Allen suggested that staff research the criteria that other cities utilize to evaluate conversion projects. Chairman McLaughlin stated that this objective criteria would be very beneficial. Commissioner Winburn stated that she would be interested in knowing the number of sales for all types of housing in the City last year. Mr. Franklin stated that this information would be easy to obtain, although it may not reflect a true picture of the housing market for this year. XJ XIX IX IX IX I Commissioner King's motion for a continuation of this item to March 18, 1982, was now voted on, which MOTION CARRIED. -10- MINUTES INDEX COMMISSIONERS February 18, 1982 MINUTES ems City of Newport Beach c n w LL CALL INDEX The Planning Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. Request to create four parcels of land for single Item #2 family residential purposes where one parcel presently exists, and the acceptance of an Environmental Document. Said application also includes an exception to the Subdivision Code inasmuch as one of the parcels has an average depth of less than 80 feet and an average width of less than 60 feet. RESUB- DI —VT SION LOCATION: A portion of Lot 2, Newport Heights 'NO. 707 Tract, located at 2961 Cliff Drive, constituting the entire easterly side of Santa Ana Avenue, between Cliff Drive and an unimproved portion of Avon Street in Newport Heights. APPROVED ZONE: R -1 CONDT -- - APPLICANT: Jeffery A. Hartman Enterprises, Newport Beach OWNER: Helen F. Kreutzkamp, Newport Beach ENGINEER: Robin B. Hamers & Associates, Newport Beach The public hearing opened in connection with this item and Mr. Jeffrey Hartman, the applicant, appeared before the Commission. Mr. Hartman stated that after substantial discussions with the Public Works Department, he has agreed to install the Avon Street improvements for this project. He. requested that the Commission approve four lots for this project, rather than three lots, because of the $200,000 of off-site improvements to be paid by the applicant, which will be of benefit to the City. He stated that they can redesign the project to move the driveways off of Santa Ana Avenue to avoid any traffic hazards, which is a main concern of the residents. He further stated that every effort will be made to protect the views in the area. COMMISSIONERS MINUTES February 18, 1952 r c m w. City of Newport Beach LL CALL 1 1 177 INDEX Commissioner Kurlander asked Mr. Hartman if these parcels will be taking their access off of Avon Street. Mr. Hartman stated that they can redesign their project to do so, but it would only be feasible if the four lots are approved. In response to a question posed by Commissioner Winburn, Mr. Don Webb, City Engineer, explained the proposed design and location of the Avon Street improvements. He stated that this would also provide an emergency access for the Fire and Police Departments. He stated that the street would be only 24 feet in width and that no parking would be allowed on either side of the street. He stated that this would be a requirement because of the grade differences And the fill slopes. He stated that 'the slope of the proposed roadway would be approximately 10 percent, which is the slope of Santa Ana Avenue. He stated that the two 10 percent slopes meeting may not be the best design, but it is the best design for this particular site. He stated that Avon Street can serve the new • parcels and driveways. He clarified that the improvements for Avon Street will cost the applicant approximately $100,000 and that the additional off -site improvements of water, sewer, sidewalk, curb and gutter for the project would be another $100,000. Mr. Webb referred to. Mr. Hartman's letter dated February 8, 1982, which requests the City to consider alternate funding through a special assessment district. He stated that in the past, the City has not participated in special assessment districts for new improvements in connection with tract developments, however, he stated that this is done in many other cities where the assessment will cover the construction for arterial improvements. Mr. Webb stated that if the assessment alternative would not be approved by the City, the applicant has indicated that he would try to continue with the project. Mr. Webb suggested an additional condition of approval which would require that garage access to Parcels 1, 2 and 3 be taken from Avon Street. He stated that this condition would help to mitigate the traffic on Santa Ana Avenue. - 11111111 -12- February 18, 1982 W ' m c �a�mmA '. 1 Commissioner King asked if the drainage and seepage concerns related to this project have been identified. Mr. Webb stated that the City's Grading Engineer has inspected the site. He stated that the soils study would address these concerns. Commissioner King asked if the easement on the properties will create a problem for the trash service. Mr. Webb stated that the trash cans would be carried to a general point on Avon Street for pick -up. In response to a question posed by Commissioner Allen, Mr. Webb explained the proposed joint ingress /egress easement for. the parcels. He stated that easements of this nature are not unusual in a subdivision. Commissioner Beek stated that the areas of the parcel with greater than 2:1 slopes have been identified as not being buildable. Planning Director Hewicker stated that those areas of the parcel are not used in calculating the buildable area of lot, but structures may be constructed on said slopes. • Commissioner Balalis expressed his concern that the Commission be able to review the location of the structures if the resubdivision is granted. Planning Director Hewicker stated that the Commission can request that the applicant provide information relating to the location of the structures. Mr. Cliff Williamson, resident of 233 Santa Ana Avenue, expressed his concern with the steep grade of the streets which creates a spillway and slippage under Santa Ana Avenue. He stated that he is concerned with any movement of soil on these parcels. He also stated that the proposed driveways will exit on Santa Ana Avenue which is sub- standard and narrow. He asked who will be paying for the costs of widening Santa Ana Avenue and whose property will he used for this purpose. Mr. Hugh Hesse, of 231 Santa Ana Avenue, requested denial of this proposal because it will be creating higher density and the steep slopes on the site are unsuitable for building. He distributed to the Commission a map he had prepared which depicted the existing topography of the site. He also expressed his • concern with the slippage which will occur on this -13- MINUTES INDEX City of '. 1 Commissioner King asked if the drainage and seepage concerns related to this project have been identified. Mr. Webb stated that the City's Grading Engineer has inspected the site. He stated that the soils study would address these concerns. Commissioner King asked if the easement on the properties will create a problem for the trash service. Mr. Webb stated that the trash cans would be carried to a general point on Avon Street for pick -up. In response to a question posed by Commissioner Allen, Mr. Webb explained the proposed joint ingress /egress easement for. the parcels. He stated that easements of this nature are not unusual in a subdivision. Commissioner Beek stated that the areas of the parcel with greater than 2:1 slopes have been identified as not being buildable. Planning Director Hewicker stated that those areas of the parcel are not used in calculating the buildable area of lot, but structures may be constructed on said slopes. • Commissioner Balalis expressed his concern that the Commission be able to review the location of the structures if the resubdivision is granted. Planning Director Hewicker stated that the Commission can request that the applicant provide information relating to the location of the structures. Mr. Cliff Williamson, resident of 233 Santa Ana Avenue, expressed his concern with the steep grade of the streets which creates a spillway and slippage under Santa Ana Avenue. He stated that he is concerned with any movement of soil on these parcels. He also stated that the proposed driveways will exit on Santa Ana Avenue which is sub- standard and narrow. He asked who will be paying for the costs of widening Santa Ana Avenue and whose property will he used for this purpose. Mr. Hugh Hesse, of 231 Santa Ana Avenue, requested denial of this proposal because it will be creating higher density and the steep slopes on the site are unsuitable for building. He distributed to the Commission a map he had prepared which depicted the existing topography of the site. He also expressed his • concern with the slippage which will occur on this -13- MINUTES INDEX VIMISSIONERS February 18, 1982 5m: w. City of Newport Beach site.. He further stated that a petition has been submitted containing approximately 60 signatures of residents and property owners of the area which are opposed to this project. Mr. Manfred Stever, resident of 217 Santa Ana Avenue, stated that he is in support of this project and that the property should be developed as proposed. Mr. Pete Rodgers, resident of 3001 Cliff Drive, expressed his concern with the slippage and that the structures be built low enough on the slope so that the views from surrounding properties not be obstructed. Commissioner Kurlander stated that the applicant has proposed to construct these buildings below the street level view. Mr. Rodgers requested that this be made a requirement of the project. • Mr. Webb referred to Exhibit "B ", Condition of Approval No. 8 and stated that prior to issuance of a grading permit, a hydrology study shall ' be _prepared and submitted to the Public Works Department showing the amount of drainage running down Santa Ana Avenue, Cliff Drive and Avon Street. Commissioner Balalis expressed his concern that this study should be performed before the subdivision is approved. Mr. Webb stated that the Commission could require the study before the parcel map is filed. Ms. Helen Kreutzkamp, the owner of the subject property, stated that she has lived on this property for over 35 years and that there is no slippage on the property. She stated that the slopes can not be very steep, because she can walk them with no difficulty. She stated that the traffic problems in the area are created by people who are renting housing in the area. She also stated that the size of her property is suitable for the proposed development. Mr. Bruce Kreutzkamp, the owner's son, stated that he is a surveyor and that he had prepared the topographical map for this site. He stated that motorcycles have been the major cause of erosion on IIIIIIII -14- MINUTES INDEX 701 - February 18, 1982 City of Newport Beach this site. He stated that the City will be gaining the improvements to Avon Street through approval of this project. He also stated that this parcel is the most buildable oceanview lot in the area. He stated that the structures being built on the westerly side of the lots would actually serve as a retaining wall. In response to a question posed by Commissioner Allen, Mr. Kreutzkamp stated that the contour lines on Mr. Hesse's map are different than the map he had prepared. Mr. Kreutzkamp stated that the map that he had prepared was based on elevations and measurements. In response to a question posed by Commissioner Allen, Planning Director Hewicker explained that the slope area greater than 2:1 slope is not deducted from the square footage of the lot, but is only deducted from the square footage for the purpose of determining the intensity of land use. I I I I I I Mr. Kreutzkamp stated that the structures will be built- • farther down on the lots in order to preserve the views. Mr. Williamson stated that there is a possibility that the land is stable, but he stated that once the removal of the land and the excavation begins, the land will not remain stable. Mr. Hartman stated that they have cooperated with their neighbors and that this project will not interfere with the neighbors views. He stated that they have complied with all of the City's requirements. Commissioner Allen asked Mr. Hartman if he would agree to a condition which would guarantee that no views be obstructed from adjacent properties. Mr. Hartman stated that this would be agreeable. Mr. Boll Burnham, Assistant City Attorney, stated that this can be accomplished with the consent of the applicant and stated that it can also be accomplished as a condition to granting the exception of the lot size requirement. He stated that phrasing a condition in terms of no view. blockage may create a problem. He stated that it may be appropriate for the matter to • I I F I I I ( I come back before the Commission in the form of a site plan review. 1 1 -15- MINUTES INDEX vvv"zrvi.�.� February 18, 1982 X ? m m City of Newport Beach Commissioner Balalis stated that the Modifications Committee could review the condition relating to the views. He stated that the Commission needs to specify what views the applicant can not obstruct, whether it be views of the post office, bay or ocean views. He suggested that there be no water view blockage. Mr. Hartman stated that this would be acceptable. Commissioner Beek suggested that a site plane be established, as was established in the Newport Center area to protect the views for the residents of Harbor View Hills. Mr. Hartman stated that he would be agreeable to such a condition. Planning Director Hewicker stated the view to be protected by the City should be the view enjoyed by the pedestrian on Santa Ana Avenue. He stated that this would also serve to protect the views from private properties on Santa Ana Avenue. • Mr. Burnham stated that the City has a legitimate interest in protecting the views of private residential property. He suggested the following condition, "That the applicant or subdivider shall design the proposed structures to minimize the impact on views from nearby residences and shall submit plans to the Planning Commission for approval of the design of the structures prior to permits being issued." Commissioner Balalis suggested that review of this condition be handled by the Modifications Committee. Motion Motion was made for approval of Resubdivision No. 707 as proposed, subject to the findings and conditions of Exhibit "B" with the added conditions that garage access to Parcels 1, 2 and 3 be taken from Avon Street] that the applicant or subdivider shall design the proposed structures to minimize the impact on views from nearby residences and shall submit plans to the Modifications Committee for approval of the design of the structures prior to permits being issued and that proper notice be given to the residents in this area; and, that the hydrology study be prepared prior to the recordation of the resubdivision. • I I I i I I I I _16_ MINUTES lot] Amendment Ayes N0 0 X IT February 18, 1982 of Newport Beach Commissioner Allen stated that she is concerned with the term "minimize the impact ". She suggested an additional finding which would specify that it is the Commission's intent to preserve the pedestrian view on Santa Ana Avenue. Commissioner Balalis stated that he would accept this additional finding as an amendment to his motion. Commissioner Beek stated that he would be voting against the motion because the excessive density of this project is out of character with the surrounding neighborhood. He stated that the neighbors do not want the extension of Avon Street at this location. He further stated that the completion of Avon Street at this location is irrelevant to this project and will only be serving the commercial properties along West Coast Highway. Amended Motion by Commissioner Balalis for approval of Resubdivision No. 707 was now voted on, which AMENDED. MOTION CARRIED as follows: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the granting of the exception for a lot depth less than 80 feet and lot width of less than 60 feet is compatible with the objectives of the regulations governing light, air and the public health, safety, convenience, and general welfare. 4. That if the exception were denied, the petitioner would be deprived of a substantial property right enjoyed by others in the area. -17- MINUTES INDEX 3 � imS m c C m a m �a mxw� X IT February 18, 1982 of Newport Beach Commissioner Allen stated that she is concerned with the term "minimize the impact ". She suggested an additional finding which would specify that it is the Commission's intent to preserve the pedestrian view on Santa Ana Avenue. Commissioner Balalis stated that he would accept this additional finding as an amendment to his motion. Commissioner Beek stated that he would be voting against the motion because the excessive density of this project is out of character with the surrounding neighborhood. He stated that the neighbors do not want the extension of Avon Street at this location. He further stated that the completion of Avon Street at this location is irrelevant to this project and will only be serving the commercial properties along West Coast Highway. Amended Motion by Commissioner Balalis for approval of Resubdivision No. 707 was now voted on, which AMENDED. MOTION CARRIED as follows: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the granting of the exception for a lot depth less than 80 feet and lot width of less than 60 feet is compatible with the objectives of the regulations governing light, air and the public health, safety, convenience, and general welfare. 4. That if the exception were denied, the petitioner would be deprived of a substantial property right enjoyed by others in the area. -17- MINUTES INDEX r c W ' m c m ;K O > > 0 x w T r1 u 0 February 18, 1982 MINUTES of NewDort Beach 5. That the proposed resubdivision is in conformance with the General Plan, and that the proposed development is. compatible with the objectives, policies, general land uses and programs specified in said plan. 6. That there are special circumstances or_ conditions affecting the property in that the proposed parcel .No. 1 is deficient in average lot depth and width only because the lot is triangular in shape and located on a corner. 7. That the granting of an exception of the Subdivision Code will not be detrimental to the public welfare of injurious to other property in the vicinity in which the property is located. 8. That it is the Planning Commission's intent to preserve the pedestrian views of the bay and ocean on Santa Ana Avenue. - CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That additional right -of -way be dedicated along the southwesterly portion of Parcels No. 1 and 2 so as to connect a half street width of Avon Street to Santa Ana Avenue. The right -of -way width needed varies from approximately 50' at Santa Ana Avenue to approximately 10' at the easterly end of the property, and that a corner cutoff be provided at the angle point on Avon Street right -of -way with radius as approved by the Public Works Department. 4. That sidewalk, curb, gutter and a minimum 24 -foot width of pavement be installed along the Avon. Street frontage. The slopes needed to accommodate standard street improvements shall be located: on the building sites. Any drainage facilities needed shall be the.developer's responsibility. -18- INDEX February 18, 1982 m w. City of Newport Beach c a m m 5. That a 6 -inch water main be constructed in Santa Ana Avenue looping the existing 6 -inch line in Cliff Drive and La Jolla Drive, and that fire hydrants be constructed along Santa Ana Avenue as required by the Fire Department and the Public Works Department. 6. That a sanitary sewer main be constructed to serve all parcels. 7. That 15- foot - radius corner cutoffs be dedicated to the public at the corner of Santa Ana Avenue and Cliff Drive and at the corner of Santa Ana Avenue and Avon Street. - 8. That prior to issuance of a grading permit, a hydrology study be prepared and submitted to the Public Works Department showing the amount of drainage running down Santa Ana Avenue, Cliff Drive and Avon Street. If a storm drain system is • required as a result of the hydrology study, the developer will be responsible for its design and construction. The hydrology study shall be prepared prior to the recordation of the resubdivision. 9. That new concrete curb be constructed along the Cliff Drive and Santa Ana Avenue frontages to replace the existing deteriorated curb. The curb face height shall be determined by the amount of water carried in Santa Ana Avenue and as approved by the Public Works Department. The curb return at the corner of Santa Ana Avenue and Cliff Drive shall be constructed on a 25 -foot radius, and the existing street light relocated. An access ramp shall also be included in the curb return. 10. That 5- foot -wide concrete sidewalk be constructed along the Cliff .Drive frontage and Santa Ana Avenue frontage. 11. That the street improvements and public water and sewer facilities be shown on standard improvements plans prepared by a licensed civil engineer. The street grade on Avon Street shall be designed and connected to Santa Ana Avenue in a - manner • I I I I I I acceptable to the Public Works Department. -19- MINUTES INDEX CALL February 18, 1982 3 � � r c m F. City of Newport Beach 12. That a standard subdivision agreement and accompanying surety be provided if it is desired to record the parcel map or obtain a building permit before the required public improvements are completed. 13. That the research and the engineering needed to resolve the sewer, water supply, drainage and street improvement problems associated with this development be the responsibility of the developer. 14. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. Surface and subsurface drainage shall be provided to the satisfaction of the Building Department and the Public Works Department. . 15. That the grading plan shall .include a complete . plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 16. The grading permit shall include, if required, a description of haul routes, access points to the site and.a watering and sweeping program designed to minimize impacts of haul operation. 17. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soils engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproductive copies of the "Approved -as- Built" grading plans on standard sized sheets shall be furnished to the Building. Department. 18. That erosion control measures shall be done on any exposed slopes within thirty (30) days after grading, or as approved by the Grading Engineer so as to reduce erosion potential. • I I� I I I I I -20- MINUTES INDEX W ' m Y • • February 18, 1982 of Newport Beach 19. An erosion and dust control plan shall be submitted with the grading permit application and be subject to the approval of the Building Department. 20. A geological review for the project shall be provided as a part of the grading permit. Said review shall include ground water infiltration through contiguous slopes. 21. That an erosion and siltation control plan be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. 22. That prior to the occupancy of any residential structure, a qualified. acoustical engineer shall demonstrate to the satisfaction of the Planning Director that the highway noise impacts on the project does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces. 23. That garage access to Parcels 1, 2 and 3 shall be taken from Avon Street. 24. That the applicant or subdivider shall design the proposed structures to preserve the pedestrian views of the bay and ocean from the proposed sidewalk on the easterly side of Santa Ana Avenue and shall submit plans to the Modifications Committee for approval of the design of the structures prior to permits being issued. Proper notice of this shall be given to the residents in this area. -21- MINUTES INDEX COMMISSIONERS MINUTES February 18, 1982 � r � m � m m x. City of Newport Beach LL CALL INDEX Request to permit the construction of a five unit residential condominium development and related garage spaces in the R -3 District, and the acceptance of an environmental document. PERMIT ! Request to subdivide .62 acres into a single lot for a I AND five unit multiple family residential condominium development., LOCATION: A portion of Block D of Corona del Mar,._ located at 311 Carnation Avenue, on the northwesterly side of Carnation Avenue, northeasterly of Seaview Avenue, in Corona del Mar. • 1 1 1 1 1 1 1 1 APPLICANT: Lyttle /Corona del Mar, Tustin OWNERS: Robert E. Meyer, Newport Beach and Violet C. Ross, Corona del Mar ENGINEER: Robert O. Sukup, Tustin COnt1 Staff advised that the applicant has requested that these items be continued to the Planning Commission Meeting of March 18, 1982. Motion jjjXjjjj Motion was made to continue these items to the Planning Al Ayes. X X X X X X X Commission Meeting of .March 18, 1982, which MOTION CARRIED. • 11111111 -22- February 18, 1982 MINUTES � r � . m m m x. F City of Newport Beach LL CALL I I I I I I INDEX Request of Don Adkinson and The Irvine Company to amend the Newport Beach General Plan. INITIATED BY: The City of Newport Beach The Stewart - Ullman Partnership requests the land use designation for Lot 6 of Tract 3232 (1401 Bayside Drive) be changed from "Recreational and Marine Commercial" to "Multi- Family Residential ". Commissioner Allen stated that she would not be participating or voting on this item, due to a possible conflict of interest. Mr. Robert Lenard, Advance Planning Administrator, presented background information on this request. On x Motion was made to recommend to the City Council that I X X X X the requested General Plan Amendment be initiated and Abstain X that staff be directed to set this item for public hearing before the Planning Commission after preparation of any necessary environmental documents, which MOTION CARRIED. The Irvine Company requests the land use designation for the parcel at the corner of Fifth Avenue and MacArthur Boulevard be changed from "Low- Density Residential" to "Medium- Density Residential ". Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Commission and described the requested General Plan Amendment. He stated that because of the location, shape and size of the parcels, Low - Density Residential is not an appropriate designation. Commissioner Beek stated that this is a prime site to be considered for innovative ideas relating to the affordable housing problem. He stated that it would be unwise at this time, to place another zoning designation on this parcel. 0 11111111 -23- � r c c a o m a mm .February 18, 1982 MINUTES of Newport Beach Motion Motion was made to recommend to the City Council that action on the proposed amendment be deferred to future hearing sessions based on Planning Department workloads and project priorities. Commissioner Balalis stated that possibly 'a higher density residential designation should also be considered for this property. He stated that the environmental documentation for the requested amendment could address the higher density alternative. Substitute Substitute Motion was made to recommend to the City Motion X Council that the requested General Plan Amendment be initiated and that staff be directed to set this item for public hearing before the Planning Commission after preparation of any necessary environmental documents. He stated that the environmental documents shall also address the higher density alternative. Commissioner Beek stated that this item should be deferred until an innovative plan can be developed. • which would address the affordable housing problem. Commissioner Allen concurred. Commissioner King stated that the Commission does not have to.decide at this time the appropriate zoning for this parcel. He recommended that the City Council initiate the amendment so that the necessary environmental documents can be prepared. Ayes X x x x Substitute Motion by Commissioner Balalis was now voted Noes x x x on, which SUBSTITUTE MOTION CARRIED. ADDITIONAL BUSINESS Chairman McLaughlin stated that she.has been advised by Commissioner Balalis that he has learned, subsequent to the February 4, 1982 Planning Commission hearing at which Magic Island requested various approvals, that Magic Island has outstanding loans with Newport Harbour National Bank. Commissioner Balalis is the owner of shares of stock issued by Newport Harbour National Bank and is Chairman of the Board of Directors of that institution. • 11111111 -24 INDEX ADDITIONAL BUSINESS February 18, 1982 of Newport Beach MINUTES MLLCALLI 111 1111 1 1 INDEX - Chairman McLaughlin stated that Commissioner Balalis has so advised the City Attorney and has asked for a legal analysis of his vote on this matter. The City Attorney will review applicable law and make recommendations to the Planning Commission prior to the meeting of March 4, 1982. A discussion by the Commission ensued relating to this matter. Mr. Burnham, Assistant City _Attorney, stated that he would report back to. the Commission on this matter. x x x Mr. Burnham, Assistant City Attorney,- suggested the following procedural guidelines for the conduct of Planning Commission hearings: 1) Require an applicant to submit material at least seven days prior to the Planning Commission meeting at which the applicant's matter is to be heard, and should the applicant fail to comply the applicant will be deemed to have consented. to a continuance of the matter; and, 2) Establish a firm time limit for the applicants presentation. Motion Motion was made for the City Attorney's Office to Ayes X X X X prepare additional procedural guidelines for the Abstain X conduct of the Planning Commission hearings,- which MOTION CARRIED. - x x x There being no further business, the Planning Commission adjourned at 11:40 p.m. x x x Joan Winburn, Secretary Planning Commission City of Newport Beach • 11111111 -25- � r c P G X m N> February 18, 1982 of Newport Beach MINUTES MLLCALLI 111 1111 1 1 INDEX - Chairman McLaughlin stated that Commissioner Balalis has so advised the City Attorney and has asked for a legal analysis of his vote on this matter. The City Attorney will review applicable law and make recommendations to the Planning Commission prior to the meeting of March 4, 1982. A discussion by the Commission ensued relating to this matter. Mr. Burnham, Assistant City _Attorney, stated that he would report back to. the Commission on this matter. x x x Mr. Burnham, Assistant City Attorney,- suggested the following procedural guidelines for the conduct of Planning Commission hearings: 1) Require an applicant to submit material at least seven days prior to the Planning Commission meeting at which the applicant's matter is to be heard, and should the applicant fail to comply the applicant will be deemed to have consented. to a continuance of the matter; and, 2) Establish a firm time limit for the applicants presentation. Motion Motion was made for the City Attorney's Office to Ayes X X X X prepare additional procedural guidelines for the Abstain X conduct of the Planning Commission hearings,- which MOTION CARRIED. - x x x There being no further business, the Planning Commission adjourned at 11:40 p.m. x x x Joan Winburn, Secretary Planning Commission City of Newport Beach • 11111111 -25-