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HomeMy WebLinkAbout02/27/1984 - Regular Meeting� J Present I x I x I I x Absent x Motion All Ayes Motion All Ayes Motion Ayes 0 CITY OF NEWPORT BEACH X x x X X x (MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 27, 1984 Mayor Hart presented a permaplaqued Certificate of Appreciation to Susan Spiritus in recognition of her service on the Arts Commission. A. ROLL CALL. B. The reading of the Minutes of the Meeting of February 13, 1984, was waived, approved as written and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the continued public hearing regarding CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - IRVINE MESA TOWING. Memorandum from Executive Assistant to the City Manager, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to deny application for lack of required information as recommended by staff. 2. Mayor Hart opened the public hearing and City Council review of the TENTATIVE MAP OF TRACT NO. 12079, USE PERMIT NO. 3075, AND RESIDENTIAL COASTAL DEVELOPMENT PERMIT NO. 4, requests of RUMNEY ENTERPRISES, INC., Irvine, to subdivide an existing single lot, containing .48 acres of land, into a single lot ioi the construction of a fourteen unit , residential condominium- project complying with the Administrative Guidelines for the implementation of the State Law relative to low -and moderate- income housing within the coastal zone; and acceptance of an Environmental Document. The proposal also includes modifications to the Zoning Code relating to setbacks, and to the Sign Code regarding an identification sign. Property located at 487 Morning Canyon Road and East Coast Highway in Corona Highlands; Zoned R -3 -B. Report from the Planning Department, was presented. Volume 38 - Page 54 (70) TMp /Tr. 12079/ U/P 3075 Rumney Entrp (88) • • • CITY OF NEWPORT BEACH MINUTES February 27, 1984 The City Manager recommended that a TMp /Tr Condition No. 26 be added, if this 12079 project is approved, regarding Fair Share U/P 3075 allocation for circulation improvements In the City. Discussion ensued with respect to the one affordable unit to be provided with this development, fair share determination, and density in the area, as well as other areas in the City. Warren James, representing the applicant, addressed the Council and stated that they had originally proposed to build 19 units on the subject property, but following discussion with the Planning staff, they redesigned the project to 14 units. He stated he felt it was a good plan, and significantly better than what is currently existing on the property. He stated he could not understand the concern over density, inasmuch as the plan was prepared in accordance with all City requirements, and in addition, was approved unanimously by the Planning Commission. With respect to the proposed Fair Share allocation, he stated that it was an unpleasant surprise and he was not aware of the requirement. It was noted by staff that the Fair Share allocation for this project would be $20,972 based on 14 units. Mr. Warren indicated he felt the fee should be assessed on 8 units, rather than 14, inasmuch as 6 units already exist on the property (even though they will be demolished). In response to Council inquiry, Mr. Warren stated that the average selling price for the units is $230,000, and that the square footage begins at 750 for the smaller units; up to 1,500 sq: ft. for the larger units. Roger Hardacre, President, Cameo Shores Homeowners Association, stated that they, as well as the Shorecliffs Homeowners Association, have not taken a position either for, or against the proposed development. Jerry Easterbrook, President, Corona Highlands Homeowners Association, 516 De Anza, submitted a petition containing 123 signatures in opposition to the proposed development. He stated that the signatures represented 70% of their association. He stated that they feel Volume 38 - Page 55 • 8 • MEMBERS CITY OF NEWPORT BEACH MINUTES February 27, 1984 the project: is inconsistent with the predominant single - family residences in their area, and poses a serious safety /traffic threat. Mr. Esterbrook stated that they would like the City Council to request the Planning Commission to consider the downzoning of any parcel of land in Corona Highlands or its sphere of influence to no more than 1.5 so as to more fully comply with the nature of their neighborhood. He stated that they would like to see the site improved, but are opposed to the density. In addition, they did not feel consideration was given to the 2 to 1 slope. The Planning Director stated that if the City Council was desirous in trying to match the proposed development of this site with existing development which is around it, then the Council could apply a zoning on the property which would allow a maximum density of 16 to 20 dwelling units per acre and still come close to the multiple - family designation, or the General Plan could be amended with the application of a low, or medium density classification to the property. Dick Nichols, President, Corona del Mar Community Association, addressed the Council and submitted a letter in opposition to the proposed project. He stated that they believe the Council should consider downzoning the subject property, as well as all R3, R3B and R4B properties located on the east side of the Bay in the City. Michael Miller, 468 Serra Drive, addressed the Council in opposition to the development, citing increased traffic, as a result of the project. Hugh H. Milligan, 500 Rockford Place, addressed the Council, and stated he felt the project would disrupt the orderly development of the neighborhood, that it would be an eyesore, block views and lower property values. He also stated that he felt the reference to a "Negative Declaration" mentioned in the public hearing notice should be revised as it could be misleading to the layperson. • I I I I I I I Volume 38 - Page 56 /Tr /P 3075 Motion All Ayes • Lsll1111[?�1;1'1. 3: 3 x CITY OF NEWPORT BEACH MINUTES February 27, 1964 The City Attorney advised that there have TMp /Tr been recent amendments to the State 12079 Subdivision Map Act which requires 0/P 3075 cities, when considering tentative tract maps, to apply those zoning ordinances and general plan provisions that were in effect at the time the application for a tentative tract map was submitted. In essence, the City Council has very limited power to rezone a property after a tentative map application has been submitted. However, the City does have the power to disapprove the tentative map if the Council finds that the project is inconsistent with the zoning ordinances, or general plan provisions that were in effect at the time the application was submitted. The City Council also has the authority to deny the use permit if it believes that this development is inconsistent, or adverse to the health, safety and welfare of the community. Florence Closlow, 436 Mendoza Terrace, and Barbara Anne, 1800 Antigua, property owner in Corona Highlands, addressed the Council and spoke in opposition to the project. Warren James, representing the applicant, addressed the Council again and stated that their project would not result in an increase in traffic. He also stated that views would not be blocked by the development, only by already existing trees in the area. He reiterated that they had complied with all City requirements and felt the project should be approved. Discussion followed, wherein the City Attorney advised that in addition to the two options outlined earlier in the hearing, the Council still has another alternative whereby, if it is felt that the project is not consistent with the general plan, conditions can be imposed, such as reduced densities, etc. Following consideration, motion was made to continue the public hearing to March 12, and direct the staff to prepare appropriate findings for denial. There being no objections, the staff was also directed to report back with additional information regarding R3 zoning in the immediate area and its impact on the proposed development. Volume 38 - Page 57 COUNCIL MEMBERS • 9 CITY OF NEWPORT BEACH MINUTES February 27, 1984 Council Member Heather suggested a proposed policy be developed with respect to Fair Share allocation for circulation improvements, and that this item be considered at a future study session. 3. Mayor Hart opened the public hearing regarding: DRAFT ENVIRONMENTAL IMPACT REPORT - Acceptance of an Environmental Document for GENERAL PLAN AMENDMENT NO. 83 -2(a), LOCAL COASTAL PROGRAM AMENDMENT NO. 4 AND AMENDMENT NO. 599; GENERAL PLAN AMENDMENT 83 -2(a) - Request to amend the Land Use, Residential Growth, and Recreational Open Space Elements of the Newport Beach General Plan so as to redesignate the CORONA DEL MAR ELEMENTARY SCHOOL SITE from "Governmental, Educational and Institutional" uses to "Multiple- Family Residential" uses; LOCAL COASTAL PROGRAM AMENDMENT NO. 4 - Request to amend the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the CORONA DEL MAR ELEMENTARY SCHOOL SITE from "Governmental, Educational and Institutional" uses to Multiple - Family Residential" uses; AMENDMENT NO. 599, ORDINANCE NO. 84 -7 - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the CORONA DEL MAR ELEMENTARY SCHOOL SITE. The proposal also includes a request to amend portions of Districting Map No. 16, so as to reclassify said property from the Unclassified District to the Planned Community District; TRAFFIC STUDY - Request to consider a traffic study in conjunction with the construction of forty -one residential dwelling units on the CORONA DEL MAR SCHOOL SITE; AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 5 - Request to consider a residential coastal development permit for the purpose of establishing project compliance for the residential development of the CORONA DEL MAR SCHOOL SITE pursuant to the Administrative Volume 38 - Page 58 'PA 83 -2 (a) (45) PCA 599 (94) LCP Amnd$4 Ord 84 -7 Trfc Stdy Coastal Rsdntl Dv Prm #5 COUNCIL • Motion All Ayes Motion All Ayes is Motion All Ayes • MEMBERS \\\ 99A 9�.c. X X x CITY OF NEWPORT BEACH MINUTES February 27, 1984 Guidelines for the implementation of the State Law relative to low -and moderate - income housing within the coastal zone. Report from the Planning Department, was presented. Due to the absence of Mayor Pro Tem Maurer, motion was made to continue the public hearing to March 12, 1984. 4. Mayor Hart opened the public hearing CATV/ regarding consideration of RATE INCREASE Community REQUEST BY COMMUNITY CABLEVISION COMPANY Cablevision FOR BASIC SUBSCRIBER SERVICES REGARDING Rate Incr CABLE TV SERVICES. (42) Report from Executive Assistant to the City Manager, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No 84 -14, granting rate increases to Community Cablevision. E. PUBLIC COMMENTS: 1. Bill Borthwick, 1327 Antigua, addressed the Council. regarding the John Wayne Airport Binding Agreement. He stated that since submittal to the County Board of Supervisors, the "teeth" of the agreement have been removed, and in essence, there is no agreement in his opinion. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on March 12, 1984: (a) Proposed ORDINANCE NO. 84 -8, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.87.180 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM "FAMILY," PLANNING COMMISSION AMENDMENT NO 602, initiated by the City of Newport Beach. (Report from the Planning Department) Volume 38 - Page 59 Res 84 -14 0 /C -JWyn Arprt Ord 84 -8 Zoning (94) PCA 602 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINU'T'ES February 27, 1984 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. 3. CONTRACTS/AGREEMENTS: None. 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Public Works for report back, PW /Alley signed petition of property owners Paving requesting paving alley abutting (74) unimproved alley in First Addition, Newport Heights Tract. (c) To Marine Department for inclusion IMarine Dpt/ in the records, letters from Ted Harbor Perm Ritter, R. E. Hinkens and F. Fargo "Pilgrim" regarding the "Pilgrim." 1(51) (d) To City Attorney for inclusion in City Atty/ the records, letter from Lorraine Bolsa Chica Faber, President, Amigos de Bolas ILtgtn Chica regarding Bolsa Chica (31) litigation now before the California Supreme Court. (e) Removed from the Consent Calendar. (f) To Public Works for report back on pW /R.Tos March 12, 1984, letter from JL Restr Construction, Inc., regarding (74) driveway permit for RJ's Restaurant. (g) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Department of Education offering participation if the City should become involved in a redevelopment agency effort. (b) United States Regional Environmental Protection Agency regarding proposed cancellation of the EIS for County Sanitation Districts.of Orange County Wastewater Management Facilities Plan. (c) Mexico Sister Cities Association, Inc., February, 1984 Newsletter, together with XXI Annual International Convention registration form.. Volume 38 - Page 60 COUNCIL MEMBERS CITY OF NEWPORT BEACH February 27, 1984 MINUTES (d) Request from City of Tustin urging support for amendment to 15 -Year Transportation Transit Investment • Plan, which would require voter approval. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Auto Club of Southern California for Auto Club Ethan and Esin Ersavas for property So CA/ damage: /personal injury, alleging Ersavas traffic collision with City vehicle, on December 27, 1983, at Pacific Coast Highway and Avocado Street. (b) Daryl Hoon for personal property, Boon alleging Police Department took claimant's jacket, sleeping bag and two blankets while at Corona del Mar State Beach on December 30, 1983. (c) James W. Pippin for personal Pippin injuries, allegedly sustained during traffic collision west of Santa Ana Bridge on Pacific Coast Highway on November 6, 1983. (d) State Farm Insurance for Michael State Farm Neal for property damage, alleging Ins /Neal street collapsed causing traffic collision on 427 Westminster Avenue, on December 31, 1983. (e) Southern California Gas Company for So CA Gas property damage, alleging City crews damaged service tee with backhoe on January 18, 1984, at 2800 Balboa Boulevard. 7. SUMMONS AND COMPLAINTS - For denial and' confirmation of the City Clerk's referral to the claims adjuster: (a) Martha Boughen for damages for Boughen wrongful death, Orange County Superior Court, Case No. 416780. Claim was denied by City Council on May 23, 1983. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) One Laborer, General Services Department. (b) One Police Clerk I, Police Department. (c) One Senior Planner, Planning • Department. Volume 38 - Page 61 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES February 27, 1984 9. STAFF AND COMMISSION REPORTS: None. 10. PUBLIC HEARING SCHEDULING - March 12, 1984: (a) GENERAL PLAN AMENDMENT 83 -10), a request initiated by the City of Newport Beach to consider an amendment to the Land Use and Residential Growth Elements of the Newport Beach General Plan for property located within AREA 11 OF THE HARBOR VIEW HILLS PLANNED COMMUNITY, more specifically identified as all of the property included in ANNEXATION NO. 89, so as to establish a designation of 1 °Low- Density Residential" uses for the subject property. Property located at 34 and 36 Ridgeline Drive, easterly of the intersection of Ridgeline Drive and Napoli, adjacent to the San Joaquin Reservoir; zoned P -C. (Report from the Planning Department) 11. RESUBDIVISION NO. 750 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 750; and authorize the Mayor and City Clerk to execute said Agreement. Location - a portion of Block D, Corona del Mar Tract, located at 2305 Pacific Drive, in the southerly side of Pacific Drive between Acacia Avenue and Begonia Avenue, in Corona del Mar. (Report from Public Works) 12. RESUBDIVISION NO. 723 - Accept the offer of dedication of a 10 -foot by 15 -foot public utility easement adjacent to St. Andrew's Road. Location - Lots 31 -35, Tract 1220; Lots 142 -146, Tract 1218; a portion of Lots 171, Block 54, Irvine's Subdivision; and a 20- foot -wide alley located at 600 St. Andrews Road, on property bounded by St. Andrews Road, Clay Street, and 15th Street, across from the Newport- Harbor High School in Cliff Haven. (Report from Public Works) CPA 83 -1(b) (45) Resub 750 (84) Resub 723 (84) 13. LIDO ISLE AND VIA LIDO STREET RESURFACING Lido Is/ PROGRAM, PHASE III (CONTRACT N0. 2313) - VLido St Approve the plans and specifications; and Rsrfcg authorize the City Clerk to advertise for C -2313 bids to be opened at 11:00 a.m., on March (38) 14, 1984. (Report from Public Works) 14. Removed from the Consent Calendar. Volume 38 - Page 62 CITY OF NEWPORT BEACH MEMBERS ��y9�y9yA`GPew9��'i!°s February 27, 1984 MINUTES 15. ACCEPTANCE OF DESILTING BASIN AT BIG Big Cnyn CANYON RESERVOIR (CONTRACT NO. 2384) - ry /Dsltg • Accept the work; and authorize the City Ban Clerk to file Notice of Completion, and C -2384 release the bonds 35 days after, provided (38) no claims filed. (Report from Public Works) 16. WATER MAIN REPLACEMENT (CONTRACT NO. Wtr Mn 2401) - Approve plans and specifications; Rplcm and authorize the City Clerk to advertise C -2401 for bids to be opened at 11:00 a.m., (38) March 15, 1984. (Report from Public Works) 17. ACCEPTANCE OF OASIS PARR GRADING AND 5TH Oasis Prk AVENUE STREET IMPROVEMENT BETWEEN JASMINE Grdg /5th AND NARCISSUS AVENUES (CONTRACT NO. 2316) Av St Impvm - Accept work; and authorize the City C -2316 Clerk to file a Notice of Completion and (38) release the bonds 35 days after, provided no claims filed. (Report from Public Works) 18. Removed from the Consent Calendar. 19. BUDGET AMENDMENTS - For approval: (25) BA -057, $1,500 - Transfer of Budget Appropriations to provide for Telephone Study; Nondepartmental Fund. • G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letters from Mr. and Mrs. Richard Nichols Planning regarding Novak's Place, were presented. (68) Richard Nichols, 519 Iris Avenue; addressed the Council regarding his concerns, as well as those of other residents in the area. He stated that he is directly affected by Mr. Novak's actions, and that the Council granting Mr. Novak an improper use, construction and parking privileges, denies him peace and tranquility, as well as normal use of his garage, upstairs apartment and yard. He reviewed the history connected with Novak's Place, and indicated that additions have been made to the establishment without the benefit of public hearing. The Planning Director advised that this item has had a number of public hearings, both before the Planning Commission and City Council on an appeal that was formally filed by the applicant and then withdrawn. He stated that if the City Council still feels there are additional issues to be discussed, the Council can Volume 38 - Page 63 COUNCIL MEMBERS 0 CITY OF NEWPORT BEACH Motion X Ayes Abstain I x l x l I x I. x I x l x Motion All Ayes Motion All Ayes X X MINUTES February 27, 1984 call up the item for review, or any person aggrieved by the action of the Planning Commission may appeal it to the City Council. The City Attorney advised that he had reviewed most of the material included in the agenda packet with Mr. Nichols. Mr. Nichols' concerns regarding net public area occurred some 14 years ago, and the Planning Commission has since taken action on two separate occasions. He indicated that from the information he reviewed, he did not feel there was enough evidence to warrant a rehearing on this issue. Motion was made to refer Mr. Nichols' letter to the Planning Commission and Planning Department for inclusion in the records. 2. Report from Public Works recommending Trfk Signal/ ACCEPTANCE OF INSTALLATION OF TRAFFIC Safety Ltg SIGNAL AND SAFETY LIGHTING AT THE Hosptl Rd b INTERSECTION OF HOSPITAL ROAD AND Placentia PLACENTIA AVENUE (CONTRACT N0. 2376), was C -2376 presented. (38) Council Member Plummer stated that she just wished to announce how pleased she was with the improvement at this intersection, and therefore, motion was made to accept the work on Contract No. 2376; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after, provided no claims filed. 3. Report from Public Works regarding '83 -84 Strm ACCEPTANCE OF 1983 -84 STORM DRAIN Drn Impvm IMPROVEMENT PROGRAM (CONTRACT NO, 2380), C -2380 was presented. (38) Council Member Agee advised that he had pulled this item from the Consent Calendar in error, and therefore, motion was made to accept the work on Contract No. 2380; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after, provided no claims filed. 4. Proposed resolution establishing a "No Parking Parking" area on Superior Avenue east of Rstrctn/ Dana Road and setting forth exceptions, Superior was presented with a report from Traffic (63) Affairs Committee. Volume 38 - Page 64 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ' V ROLL February 27, 19134 9 9 Fp � MINUTES ImnFY Motion x Motion was made to refer the subject item All Ayes back to the Traffic Affairs Committee for public input, as recommended by the staff. 5. Communication from Dover Shores Community PW /Npt Bay Association regarding corrective Estuary restoration measures in the Newport Bay (51/74) Estuary, wits presented. Motion x Motion was made to refer said letter to All Ayes the Public Works Department for response, with copy to the City Council. 6. A letter from Girl Scout Council of O/C-Girl Orange County requesting use of North Scout Cncl Star Beach the weekend of May 18 - 20, (61) 1984, was presented. Motion x Following comments by Council Member All Ayes Heather, motion was made to refer the subject request to the Tidelands Affairs Committee for report back on March 12, 1984. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 84 -5, being, Ord 84-5. CATV /Penalty AN ORDINANCE OF THE CITY OF NEWPORT (42) BEACH AMENDING THE MUNICIPAL CODE BY ADDING CERTAIN SECTIONS REGARDING THE MAINTENANCE OF SERVICES, SUBSCRIBER COMPLAINT PROCEDURES, AND PENALTIES RELATING TO COMMUNITY ANTENNA TELEVISION, was presented for second reading and adoption with report dated February 13, 1984 from Executive Assistant to the City Manager. Motion x Motion was made to adopt Ordinance No. All Ayes 84 -5. 2. ORDINANCE NO. 84 -6, being, Ord 84 -6 Annexation AN ORDINANCE OF THE CITY OF NEWPORT (21) BEACH REPEALING SECTION 1.30 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ANNEXATION, was presented for second reading and adoption with report from City Attorney, dated February 13, 1984. Motion x Motion was made to adopt Ordinance No. All Ayes 84 -6. Volume 38 - Page 65 CITY OF NEWPORT BEACH COUNCIL MEMBERS s q m \CAL\ROLL February 27, 1984 MINUTES W111nrY I. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE: Motion x Motion was made to defer (District 6) NB/CAC All Ayes Council Member Agee's appointments to (24) March 12, 1984. 2. USE PERMIT NO. 3072 - LOOMIS FOODS, INC., U/P 3072 DBA THE PARK BAR AND GRILL, a request Park Bar from Hugh R. Coffin, Attorney & Grill representing applicant, for a new (88) hearing, was presented. Hugh Coffin, Attorney, 2122 N. Broadway, Santa Ana, addressed the Council requesting that the City Council reconsider its action of February 13, 1984, regarding hours of operation, and the lunch /offsite parking issue, and schedule a public hearing, wherein Loomis Foods, Inc., can present additional facts regarding the use permit application. He stated they believe the rehearing is justified under several circumstances and additional facts and evidence should be brought to the attention of the City Council, which would justify reconsideration. on x Following comments and discussion, motion was made to take no action. Motion x Substitute motion was made to take no Ayes x x x x x action for two weeks, which motion Noes x carried. J. CURRENT BUSINESS: 1. Resolution establishing the Marinapark Cncl Ad Hoc Mobile Home Ad Hoc Committee, was Marinapark presented. Mobile Home Cmte Motion x Motion was made to adopt Resolution No. Res 84 -15 All Ayes 84 -15, and appoint Mayor Hart, Chairman, (24) and Council Members Strauss and Cox to said committee. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to schedule public Trfc Stdy/ All Ayes hearing on March 26, 1984 for the Traffic Big Canyon Study for Area 16, Big Canyon. Area 16 Meeting adjourned at 10:30 p.m. MAYOR Or ATTEST.-� City - Clerk -- - Volume 38 - Page 66