HomeMy WebLinkAbout09/11/1989 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
A �p �A f Qc REGULAR COUNCIL MEETING
Gf PLACE: Council Chambers
ZF ;S,j 9G A TIME: 7:30 P.M.
to the DATE: September 11, 1989
Present x x x
Absent x
on
Ayes
Motion
All Ayes
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x
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A. ROLL CALL.
B. Reading of Minutes of Meeting of August
28, 1989, was waived, approved as
written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Strauss opened the public hearing
regarding proposed ORDINANCE NO. 89 -24,
being,
MINUTES
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE; 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO ESTABLISH A
"SITE PLAN REVIEW" SPECIAL ZONING
DISTRICT (Planning Commission
Amendment No. 683),
was presented for second reading with
report from Planning Department.
It was noted that under the existing
Zoning Code, site plan review procedures
are directed primarily toward review of
projects in Specific Plan Areas.
However, in recent months, the Planning
Commission and City Council have
required site plan review as a condition
of approval of a number of projects. As
additional sensitive sites are subject
to increasing development pressure, it
is likely that site plan review of
additional projects will be warranted.
In order to maximize the effectiveness
of the site plan review process, it is
suggested that a "Site Plan Review"
overlay district be created for
sensitive areas and that site plan
review procedures be revised to better
address projects outside specific plan
areas. Under the proposed ordinance,
the Planning Commission or City Council
would have the ability to apply the
overlay district to sensitive areas
including slopes, environmentally
sensitive areas, or viewsheds.
Placement of any property in the overlay
district would be at the option of the
Planning Commission or City Council.
Nothing in the ordinance would require
that any site be placed in the district.
Volume 43 - Page 357
Ord 89 -24
Zoning /Site
Pln Rvw
(94)
683
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Motion
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In response to some concerns raised by
Council Member Turner, the Planning
Director stated there have already
been a number of site plan reviews
applied to development projects by the
City Council for which the site plan
review overlay should be added. In
addition, there are currently sites
designated in the General Plan for site
plan review which are not so designated
on any other document within the City.
Hopefully, by having a site plan review
ordinance, such as the ordinance under
consideration and actually changing the
zoning and putting the overlay on the
districting map, the possibility of some
of these requirements "falling through
the cracks," will not happen. It was
also explained that site plan review
provisions currently do not require a
public hearing, although they are acted
upon and heard at a duly noticed public
meeting. Under the proposed ordinance,
there is a requirement that all property
owners within a 300 foot radius of the
proposed site plan review be noticed.
Council Member Hart suggested that the
fee for site plan review be modest in
amount, inasmuch as the City will
benefit.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
89 -24 amending Title 20 of the Newport
Beach Municipal Code zoning District.
2. Mayor Strauss opened the public hearing
regarding:
A. General Plan Amendment No. 89 -1(C)
- Request to amend the Land Use
Element of the General Plan so as
to redesignate the subject property
from "Retail and Service
Commercial" to "Multi- Family
Residential" with a density of one
dwelling unit for each 1,900 sq.ft.
of buildable lot area; and the
acceptance of an environmental
document.
Volume 43 - Page 358
89 -1(C)
CITY OF NEWPORT BEACH
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ROLL CALL
B. Local Coastal Program Amendment No.
17 - Request to amend the Land Use
Plan of the Local Coastal Program
so as to redesignate the subject
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property from "Retail and Service
Commercial" to "Multi- Family
Residential" with a density of one
dwelling unit for each 1,900 sq.ft.
of buildable lot area.
C. Proposed Ordinance No. 89 -25,
being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAP NO.
20 SO AS TO RECLASSIFY SAID
PROPERTY FROM THE R -3 -B
DISTRICT TO THE R -3 (1,900)
SPR DISTRICT (Planning
Commission Amendment No. 682).
D. Site Plan Review No. 50 - Request
to permit the construction of an
eighteen unit residential
condominium development and related
subterranean parking area on the
subject property. The proposal
also includes a modification to the
Sign Code so as to permit the
installation of a 12 square foot
identification sign at the entrance
of the development whereas the
Zoning Code limits the size of an
identification sign in the R -3
District to 6 square feet.
E. Coastal Residential Development
Permit No. 16 - Request to approve
a Coastal Residential Development
Permit for the purpose of
establishing project compliance for
an 18 unit residential condominium
development pursuant to the
Administrative Guidelines for the
implementation of the State Law
relative to Low- and Moderate -
Income Housing within the Coastal
Zone.
F. Tentative Map of Tract No. 14028 -
Request to subdivide an existing
lot into a single parcel of land in
conjunction with the development of
an eighteen unit residential
condominium project on the subject
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property.
Volume 43 - Page 359
17
682
ite Pln
vw#50
fti
t lip
14028
CITY OF NEWPORT BEACH
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(Property located at 4030 East GPA 89 -1(C)
Coast Highway, on the northwesterly
corner of East Coast Highway and
Seaward Road in Corona Highlands;
zoned R -3 -B)
Report from the Planning Department.
Kent Hawkins, representing Buck Gully
Associates, addressed the Council and
advised that they had met with residents
in the neighborhood to obtain their
input regarding the proposed condominium
project, and felt that they have
satisfied their concerns. They have
lowered the project in height so as to
not block any existing views; maintained
the required parking of 2'k parking
spaces per unit; and will be providing
two "for sale" low- income units on the
site for an affordable period of 20
years at a. cost of approximately
$159,000.
Mayor Strauss indicated he would like to
see the affordable period extended
beyond 20 years, to which Mr. Hawkins
replied that they had no objection to
extending the affordable period.
It was noted that the development is
subject to in -ieu park fees; and
therefore, would be required to pay
approximately $6,000 per dwelling unit,
including the affordable units. The
projected sale price for the units,
other than the two affordable units, is
between $400,000 and $500,000.
Following discussion, and hearing no
others wishing to address the Council,
the public hearing was closed.
Council Member Sansone complimented the
developer on his efforts in obtaining
and satisfying the concerns of the
community regarding this project. He
stated, however, there still are some
concerns pertaining to mass and density
in the immediate area of the proposed
development access to Pacific Coast
Highway (PCH) at Seaward Avenue
northerly, and the U -turn which is
permitted eastbound off of PCH at
Seaward Avenue.
Council Member Sansone also pointed out
that at the same time this project is
underway, three other projects will be
taking place on PCH at this particular
Volume 43 - Page 360
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Motion
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CITY OF NEWPORT BEACH
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000-�\O-h` September 11, 1989
location, i.e., Emerald Associates
Development directly across the street
from the subject property, the sewer
line to downcoast, and the Laguna Beach
water line. Therefore, he requested the
staff take whatever steps are necessary
to coordinate these projects in order
that the traffic on PCH be impacted as
little as possible.
Following additional comments by Council
Member Sansone, motion was made to:
A. Sustain the action of the
Planning Commission and
1. Adopt Resolution No.
89 -103, adopting General
Plan Amendment No.
89 -1(C), and accepting
the environmental
document; and
2. Adopt Resolution No.
89 -104, adopting Local
Coastal Program Amendment
No. 17; and
3. Adopt Ordinance No.
89 -25, being,
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH AMENDING
A PORTION OF DISTRICTING
MAP NO. 20 SO AS TO
RECLASSIFY SAID PROPERTY
FROM THE R -3 -B DISTRICT
TO THE R -3 (1,900) SPR
DISTRICT (Planning
Commission Amendment No.
682); and
4. Approve Site Plan Review
No. 50, (with the
deletion of the
installation of a 12
sq. ft, identification
sign at the entrance of
the development); approve
Coastal Residential
Development Permit No. 16
and Tentative Map of
Tract No. 14028, subject
to the findings and
conditions established by
the Planning Commission.
Also included in the above motion,
are the following two added
conditions:
Volume 43 - Page 361
CPA 89 -1(C)
89 -103
89 -104
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5. That no construction
vehicles operating from
the subject project be
permitted to turn left
onto Seaward Avenue to
access the Morning Canyon
traffic light; and
6. That no construction take
place on Saturdays,
Sundays, or City - observed
holidays; however, the
developer is permitted to
clean the site on
Saturdays, providing no
powered machinery is
used.
MAYOR PRO TEM PLUMMER ENTERED THE MEETING AT
THIS TIME (8:15 P.M.) AND TOOK HER SEAT.
Mayor Strauss requested that Council
Member Sansone amend the motion to
extend the affordability period from 20
to 35 years, to which there were no
objections.
Council Member Turner commented that he
did not want to see the 35 -year
affordability period become the new
"benchmark" for the City as a result of
this action.
X
x
x
x
The motion, as amended, was voted on and
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carried.
3. Mayor Strauss opened public hearing and
City Council review of USE PERMIT NO.
1677 (Amended) and VARIANCE NO. 1106 -
Request of the Stuft Noodle Restaurant,
Newport Beach, for consideration of
adding or modifying Conditions of
Approval of said applications, approved
by the Planning Commission at its
meeting on August 10, 1989. Property
located at 215 -217 Riverside Avenue, on
the northwesterly corner of Riverside
Avenue and Avon Street; zoned SP -5.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, approximately 22
letters were received in support of the
Stuft Noodle remaining open during the
lunchtime hour.
Volume 43 - Page 362
GPA 89 -1(C)
U/P 1677(A),
Var 1106
(88)
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The City Manager stated that the subject
restaurant has a history going back to
1973 when the Planning Commission
approved the sale of beer and wine
service at the Stuft Noodle Restaurant.
The Planning Commission further amended
the use permit in 1975 and 1983, and
then on September 20, 1984, a condition
was added which stipulated that when
Avon Street was improved, the City shall
review the Stuft Noodle operation again,
inasmuch as said improvement could
impact the parking. Avon Street has now
been improved, and at the Planning
Commission meeting of August 10, 1989,
they voted (4 ayes, 3 noes) to recommend
the approval of this matter which
permits the full operation of the
facility at night and on weekends, and
the limited lunchtime operation during
the week.
It was pointed out that the major
concern of the three Commissioners, who
voted in opposition to the review, was
the inadequate parking for the
restaurant: use for a limited operation
at lunchtime during the week. However,
a majority of the Commissioners were of
the opinion that Condition of Approval
No. 15 gives the Planning Commission the
opportunity to review the use permit at
a later date if it is determined that
the traffic and parking are detrimental
to the neighborhood. The applicant
informed the Planning Commission that
the restaurant serves a maximum of 24
customers at lunchtime during the week,
and many of the customers walk to the
restaurant facility. In addition, only
four employees work in the restaurant
during that time, and all of the
employees park in the adjoining
Municipal Parking Lot.
Mel Malkoff, 417 Tustin Avenue,
representing the owner of the Stuft
Noodle, addressed the Council in support
of allowing the restaurant to remain
open during lunchtime, and to waive the
parking requirements. He stated that
parking has been a long -time issue in
Newport Heights; however, he felt that
the municipal lot in Mariners Mile is
underutilized. The owner of the Stuft
Noodle has written a letter to the City
Council requesting he be permitted to
purchase three annual parking permits in
the local municipal lot which would act
as "off- street," or in -lieu parking for
Volume 43 - Page 363
U/P 1677(A)
CITY OF NEWPORT BEACH
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Volume. 43 - Page 364
U/P 1677(A)
the restaurant for the lunchtime
business. Only one room of the
restaurant is used at lunchtime which
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translates into 14 parking spaces for
that size room. Patrons that frequent
the restaurant are local residents and
merchants from the area who walk to the
restaurant rather than drive their car.
He submitted two additional letters and
a petition with 18 signatures in support
of the Stuft Noodle's request to remain
open at lunch, and urged the City
Council to sustain the action of the
Planning Commission.
Ken Urbanus, President of Sunburst
Mortgage Company, 204 Riverside Drive,
addressed the Council in favor of the
Stuft Noodle. He stated he has 17
employees in the office, and entertains
clients often who patronize and enjoy
the Stuft Noodle.
Dr. Jan Vandersloot, 2221 16th Street,
addressed the Council and stated that he
was not opposed to the Stuft Noodle, but
felt there is a parking problem during
lunchtime. He stated he has observed
customers of the Stuft Noodle park their
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vehicles across the street and then walk
to the restaurant. He reviewed the
history of parking in the area relative
to the Stuft Noodle, and stated he would
like to see a more conscientious effort
to try and mitigate the parking if this
request is approved. He cited a few
areas in the Mariners Mile vicinity
where parking might be available, and
stated that, inasmuch as restaurants are
one of the highest traffic generators,
he felt the request to waive the parking
requirements should be denied.
Mary Ann Malkoff, 417 Tustin Avenue,
representing the applicant, addressed
the Council in support of the Stuft
Noodle. She advised that she had
contacted Bob Grable regarding the
possibility of leasing some parking
spaces at the John Dominis site during
lunchtime hours; however, she now
understands from City staff that the
parking spaces would have to be leased
four to five years, which may not be
possible. She emphasized that the
majority of their customers walk to the
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restaurant and that many times they
never serve over 20 people during lunch.
Volume. 43 - Page 364
U/P 1677(A)
CITY OF NEWPORT BEACH
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September 11, 1989
Volume 43 - Page 365
U/P 1677(A)
Janine Gault, 406 San Bernardino Avenue,
representing Newport Heights Community
Association, addressed the Council and
stated that the Stuft Noodle has been a
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"good neighbor;" however, there is the
ever- increasing parking problem in
Mariners Mile which is a major concern.
She felt that review of the subject
permit was perhaps the appropriate time
in which to mitigate some of the parking
problems even though the Stuft Noodle is
probably one of the smallest traffic
generators in the area. Their
association would like to help in any
way they can to mitigate the problems,
and would also urge that the parking
requirements not be waived.
Robert Douk, owner of the Stuft Noodle
Restaurant:, addressed the Council and
stated that the lunchtime trade was not
his major business; however, he needed
the lunchtime business in order to
break - evert. He has served anywhere from
3 to 30 customers during the noon hour,
and he would like to be given the
opportunity to prove that he is not a
burden on the community. He does not
feel his patrons cause any traffic or
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parking problems as the majority of them
walk to his restaurant at lunchtime.
Council Member Hart commented she wished
to clarify for the record that the Stuft
Noodle is deficient of 29 parking spaces
when open at lunchtime, rather than the
3 parking spaces as referenced by
earlier speakers.
Mr. Douk replied that there are
approximately 6 businesses in the
offices above the restaurant, and that
many of those employees are out in the
field from about 10:00 a.m. to 4:00
p.m., and that his lunch trade is only
from 11:30 a.m. to 1:30 p.m. The
restaurant closes at 2:30 p.m. and
reopens again at 5:00 p.m.
The Public Works Director advised that
the subject building was first
constructed in 1958 and at that time
parking was inadequate, and it was this
particular project that led the City
Council to adopt off - street parking
standards. The building was developed
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prior to the existence of those
off - street parking standards.
Volume 43 - Page 365
U/P 1677(A)
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Motion
CITY OF NEWPORT BEACH
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Motion x
Ayes x x x x
Noes x x
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Cheryl Slepack of Balport Lock and Safe,
177 Riverside Avenue, addressed the
Council in support of the Stuft Noodle.
She stated she felt it would be a great
"loss" to the immediate community if the
restaurant were closed during lunch, as
it is very convenient to order items "to
go" to take back to their businesses.
She feels the parking problem is not
caused by the Stuft Noodle, but is a
result of the entire area.
Richard Kaufmann, owner of C'est Si Bon
Bakery, 149 Riverside Avenue, addressed
the Council in favor of the Stuft
Noodle. He stated he has owned the
bakery at this location for 10 years and
that many of his employees eat at the
restaurant. He also felt that many of
the parking problems in the area are
caused by other businesses and not by
the Stuft Noodle.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Hart stated there has
been a long -time concern of the
residents and merchants in the area to
resolve the parking issues in order to
make Mariners Mile successful. She
pointed out again the deficiency of 29
parking spaces on the part of the Stuft
Noodle, and emphasized how important it
is to the area to have adequate parking.
Following above comments, Council Member
Hart moved to overrule the decision of
the Planning Commission and deny the
request for week -day operation, based on
the Findings for Denial designated as
Exhibit "B."
Council Member Cox spoke in opposition
to the motion, commenting he did not
feel the Stuft Noodle was "harmful" to
the parking situation during the noon
hour, and that the restaurant should not
be penalized for the overall parking
problem in the area.
In view of the foregoing comments,
substitute motion was made to austain
the decision of the Planning Commission,
with Planning Commission review of the
subject use permit in six months. The
applicant is also urged to make every
effort to seek additional off -site
parking spaces in the Mariners Mile
area.
Volume 43 - Page 366
U/P 1677(A)
Motion
All Ayes
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Motion
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CITY OF NEWPORT BEACH
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September 11, 1989 INDEX
4. Mayor Strauss opened the public hearing
PW /Crbs &
regarding the Report of the Public Works
Gtr Cnstr
Director on the Construction of Curbs
Broad /West-
and Gutters on the easterly side of
minster/
Broad Street between Westminster Avenue
Bolas
and Bolsa Avenue.
(74)
Report from Public Works Department.
Hearing no one wishing to address the
Council, the public hearing was closed.
x
Motion was made to confirm the
assessment, and allow property owners to
pay assessment of over $1000.00 each
over a period of 3 years at an interest
rate of 7% per annum, subject to the
execution of an agreement to repay.
5. Mayor Strauss opened the public hearing
Vacation/
regarding Vacation of that portion of
Prtn Bk Bay
Back Bay Drive (east of Jamboree Road)
Dr
as shown on Parcel Map No. 79 -704
(90)
(Resubdivision No. 616).
Report from Public Works Department.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
89 -105 ordering the vacation and
abandonment of a portion of Back Bay
Drive; and direct the City Clerk to have
the resolution recorded by the Orange
County Recorder.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
x
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on September 25, 1989:
(a) Proposed ORDINANCE NO. 89 -26,
Ord 89 -26
being,
Veh /Trfc
(85)
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
12.40.100 OF THE NEWPORT BEACH
MUNICIPAL CODE TO DESIGNATE
THE CUL -DE -SAC PORTION OF
Volume 43 - Page 367
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HILARIA WAY, EASTERLY OF
FLAGSHIP ROAD FOR ANGLE
PARKING. (Report from Traffic
Affairs Committee)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -106 amending
Utilities/
procedures for unpaid water charges
Unpd Wtr
and discontinuance of water
Chrg Srvs
service. (Report from Utilities
Res 89 -106
Director)
(89)
(b) Resolution No. 89 -107 approving a
Sls Tx
consultant services agreement with
Cnsltg Srvs
Municipal Resource Consultants
MRC /CNB
(MRC) to perform sales tax
Res 89 -107
consulting services for the City of
C -2775
Newport Beach, and authorize the
(38)
Mayor and City Clerk to execute
said subject agreement. (Report
from Finance Director)
(c) Resolution No. 89 -108 establishing
no parking restrictions from 8:30
a.m, to 12:30 p.m. on Bayside
Drive:, between Marguerite Avenue
and Jasmine Avenue, on Tuesdays.
(Report from Traffic Affairs
Committee)
3. CONTRACTS /AGREEMENTS:
(a) Approve and authorize the Mayor and
City Clerk to execute the Building
Maintenance Services Agreement for
City Yard with Ed Building
Maintenance Company. (Report from
General Services Director)
Prkg Re-
strctns/
Baysd /Marg
Jasmn
Res 89 -108
(63)
City Yard/
Bldg Mntnc
Srvs /GS
C -2774
(38)
(b) Approve the Joint Powers Agreement Isantiago
with the Santiago Library System, Libry Sys
and authorize the Mayor and City Agm
Clerk to execute subject agreement. C -1218
(Report from Board of Library (38)
Trustees)
(c) Approve and authorize the Mayor and San Joaq.'
City Clerk to enter into a Resry Tr
Memorandum of Understanding with AgmJM -O -U
the participants in the San Joaquin C -2193
Reservoir Trust Agreement. (Report (38)
from Utilities Director)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Business License Supervisor for Bus Lic
denial, letter from Michael (27)
Antzoulatos requesting a permit for
rental business on the beach.
Volume 43 - Page 368
ROLL
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5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Letter from Newport Beach
Conference & Visitors Bureau
concerning the annual report.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Auto Club of Southern California
for Garry P. Melonson, alleging his
parked vehicle was hit by City Dump
Truck at McFadden Square Parking
Lot on June 19, 1989.
(36)
Auto Clb
S /CA &
Melonson
(b) John Grabinger alleging personal Grabinger
injuries as a result of being
forced into oil slick involving
fire truck leaking oil onto bike
lane, at Irvine and 16th Street on
August 19, 1989.
(c) Peter Lascola alleging damages to
his vehicle as a result of being
side- swiped by City truck at
Newport Boulevard on July 25, 1989.
(d) Frank Marshall alleging City Refuse
truck hit block wall next to alley
and damaged fence, at 505 E. Bay
Avenue on August 19, 1989.
(e) Barbara Palow seeking reimbursement
of insurance deductible as she
feels faulty traffic lights caused
collision at 32nd Street and
Newport Boulevard on March 1, 1989.
Lascola
Marshall
Palow
(f) Marguerite J. Pitts alleging Pitts
personal injuries as a result of
trip and fall over uneven pavement,
rocks, tree branches, etc., at 3300
block of Pacific View on July 31,
1989.
7. SUMMONS AND COMPLAINTS - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) David Palmer for personal injuries, Palmer
Orange County Superior Court, Case
No. 600061. Claim was denied by
City Council on March 27, 1989.
Volume 43 - Page 369
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(b) Paul Aronsohn for personal Aronsohn
injuries, assault, battery, false
imprisonment, etc., Orange County
Superior Court, Case No. 576644.
Claim was filed with City in March,
1988.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Library Clerk I, Library
Department.
(b) One Refuse Worker II, Refuse
Division.
(c) Three Refuse Worker I, Refuse
Division.
(d) One Police Officer, Patrol
Division.
(e) One Groundsworker I, Parks
Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(66)
(a) Report from Parks, Beaches and PB &R
Recreation Director accepting the (62)
donation of $500.00 from the
Exchange Club of Newport Harbor and
approve a budget amendment to
appropriate the funds.
For Council information and filing:
(b) Removed from the Consent Calendar.
(c) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING -
September 25, 1989:
(a) COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (CDBG) (1988/89 Grantee
Performance Report) - Review of
City's Grantee Performance Report
(GPR). (Report from Planning
Department)
Volume 43 - Page 370
CDBG Prgrm
HUD
(87)
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CITY OF NEWPORT BEACH
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September 11, 1989
11. APPLICATION TO CONSTRUCT A CURB CUT - If
desired, approve the application of Gil
Ferguson to construct a curb cut on
Balboa Avenue to serve a partly covered
off - street parking space at 300 Sapphire
Avenue. (Report from Public Works
Department)
Note: Telephone message received after
the agenda was printed from Mrs.
Hochadel (property owner at 307
Sapphire) against the proposed curb cut.
12. SPECIAL EVENTS PERMITS - Uphold staff's
recommendation to approve the following,
subject to conditions listed in the
staff report:
(a) Application No. 89 -297 - Amplified
sound by Delaine Robin for a 30th
birthday party, 720 West
Oceanfront, September 23, 1989.
(b) Sixteen special events activities
relating to "Sea Fest" - Removed
from the Consent Calendar.
(c) Application No. 89 -189 - Temporary
road closure of Jamboree Road at
University for the Human Race
Triathlon, sponsored on behalf of
the American Lung Association,
October 1, 1989.
13. BUDGET AMENDMENTS - For approval:
BA -018, $500 - Increase in Budget
Appropriations and Revenue Estimates for
purchase of refrigerator for Community
Youth Center. Funds donated by the
Exchange Club; Park and Recreation Fund.
(Refer to report w /agenda item F -9(a))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Business License Supervisor
recommending approval of "Sea Fest"
activities requested by the Chamber of
Commerce, September 15 thru 24, 1989.
Council Member Cox advised that the
Chamber of Commerce has put together a
program consolidating many activities
wtglch occur throughout the year into a
10 -day period from September 15 to 24.
He added that there will be some 24
events taking place during the "Sea
Fest," and will provide an opportunity
for the residents to enjoy this seaside
Volume 43 - Page 371
Permit/
Ferguson
(65)
Permits.
(65)
Apli 89 -297
Apli 89 -189
(25)
Permits/
Spcl Evnts
"Sea Fest"
(65)
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community without the tourists. He
complimented the Chamber for taking the
"leadership" of coordinating this
function, and urged those intrested to
attend.
Motion was made to uphold staff's
recommendation to approve, subject to
conditions listed in the staff report,
the following Special Events
Applications:
Application No. 89 -280 - Opening I Apli 89 -280
Ceremonies and Taste of Newport
Friday, September 15 - Sunday,
September 17, Fashion Island.
Application No. 89 -071 - Bike Tour JApli 89 -071
Sunday, September 17, Dunes Aquatic
Park. .
Application No. 89 -064 - Character I Apli 89 -064
Boat Parade,.Sunday, September 24,
throughout Newport Harbor.
Application No. 89 -059 - Electric IApli 89 -059
Boat Race, Saturday, September 16,
Lido Peninsula Marine Center,
Cannery Restaurant, Rhine Channel.
Application No. 89 -056 - Fishing I Apli 89 -056
Tournament and Banquet, Thursday,
September 19, Cannery Restaurant.
Application No. 89 -281 - Navy Ship, IApli 89 -281
Saturday and Sunday, September 16
and 17, Harbor Department.
Application No. 89 -057 - Kite iApli 89 -057
Contest, Sunday, September 17,
Peninsula Park.
Application No. 89 -062 - Boat Apli 89 -062
Auction, Wednesday, September 20,
Lido Marina Village.
Application No. 89 -058 - Outrigger Apli 89 -058
Canoe Races and Luau, Saturday,
September 16, Dunes Aquatic Park.
Application No. 89 -060 - Lifeguard 'Apli 89 -060
Pier Swim, Sunday, September 17,
Balboa Pier Area.
Application No. 89 -261 - Surfing �Apli 89 -261
Championships, Saturday and Sunday, I
September 16 and 17, Oceanfront
Beach at 54th Street.
Volume 43 - Page 372
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Application No. 89 -061 - Sandcastle
Contest, Sunday, September 17,
Corona del Mar State Beach.
Application No. 89 -262 - Volleyball
Tournament, Sunday, September 17,
Corona del Mar State Beach.
Application No. 89 -074 -
Windsurfing, Saturday, September
16, Turning Basin and the
Oceanfront at the Harbor Entrance.
Application No. 89 -063 - Wooden
Boat Festival, Friday, Saturday and
Sunday, September 22 - 24, Seascout
Base.
2. Memo from Department of Fish & Game
regarding Back Bay Clean -up Day on
September 16, 1989 from 9:00 a.m. to
3:00 p.m.
Following Council Member Hart's
announcement that the Back Bay Clean -up
Day Program has been divided into six
clean -up zones with several different
parking areas where a person can pick up
a trash bag and "start to work," motion
was made to approve the foregoing memo
for Council information and filing. She
stated that many of the Council Members
will be in attendance, and urged
residents to participate.
3. Report to the City Manager regarding
ACTIONS TAKEN BY THE PLANNING COMMISSION
ON AUGUST 24, 1989.
Following review of the off - street
parking proposed in conjunction with the
establishment of a yacht club on
property located at 3333 West Coast
Highway within the Recreational Marine
Commercial area of the Mariners Mile
Specific Plan, motion was made to
receive and file the subject report.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 89 -23, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.32.020(b) OF THE NEWPORT
BEACH MUNICIPAL CODE TO PROHIBIT
COMMERCIAL VEHICLES EXCEEDING 6,000
POUNDS FROM OPERATION ON CERTAIN
STREETS WITHIN THE CITY LIMITS,
Volume 43 - Page 373
li 89 -061
89 -262
89 -074
Apli 89 -063
CA State/
Fish & Game
(28)
Planning
(68)
Ord 89 -23
Vehicles/
Traffic
(85)
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\C200% �► ;X6 September 11, 1989
x
was presented for second reading with
report from Traffic Affairs Committee
dated August 28, 1989.
It was pointed out that the subject
ordinance was adding Seaward Road,
southerly of Pacific Coast Highway to
the list of streets with a three -ton
weight limit.
At the request of Council Member
Sansone, motion was made to amend the
proposed ordinance to include Seaward
Road, north of Pacific Coast Highway,
and to reintroduce Ordinance No. 89 -23
as revised., and pass to second reading
on September 25, 1989.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from Public Works Department
regarding APPEAL OF GREGORY V. RUZICKA
from denial of an application to
construct a two - foot -high retaining wall
encroaching 3.5 feet into the public
right -of -way adjacent to 1620 Kings
Road.
Victor Ruzika, representing his son
Gregory Ruzicka, applicant, 1620 Kings
Road, addressed the Council in support
of the appeal. He described the
proposed encroachment; cited similar
encroachments on Kings Road in the
immediate area, and stated they felt the
encroachment would not cause any type of
interference.
Motion was made to approve the appeal,
with the provision that said
encroachment is patterned and consistent
with similar encroachments in the nearby
area, or that said encroachment not
exceed 3.5 feet into the public
right -of -way, whichever is less; and
further, that this encroachment be
subject to execution of an agreement for
non - standard improvements and a building
permit from Building Department.
Permit /
Encroachmt
Ruzicka
(65)
2. Report from Public Works Department Permit/
regarding APPEAL OF DAN AND BARBARA Drvwy Aprrh
D'AMORE from provisions of Council D'Amore
Policy L -1 prohibiting driveway (65)
approaches to residential property which
abuts an alley.
Volume 43 - Page 374
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September 11, 1989
It was noted that the applicant desires
to construct a large new residence at
809 East Bay Avenue with basement
parking taking vehicular access from the
street. The applicant is also applying
for a modification to encroach 3 feet
into the 10 foot front yard setback.
The Public Works Director referenced an
exhibit on display depicting elevations
and plans for the proposed dwelling, and
stated that there were two primary
reasons the staff recommended the
subject application be denied: 1)
pedestrian traffic on the public
sidewalk adjacent to 809 E. Bay Avenue,
and 2) potential for tidal flooding due
to Bay Avenue being very low in
elevation. He also commented that the
location of the garage at the end of an
intersecting alley makes vehicular
access relatively easy.
Dan D'Amore, applicant, addressed the
Council and stated that his house would
be the only one in the area conforming
to the current zoning requirement of
four parking spaces. In December 1988
he was given an "approval in concept" of
his design, and since that time he has
applications for the necessary permits.
He said it was.not until August 29, 1989
that he was informed he would have to
obtain approval to allow entrance into
the proposed residence from Bay Avenue
instead of the alley directly behind the
property. The slope required to enter
the property from the alley would reduce
the square footage allowed for the
residence. With regard to potential
flooding as referenced by the Public
Works Director, he stated he was aware
of low- flooding; however, there was not
any this past year. He advised that it
was the architect's intention to
construct the garage in such a manner as
to remove the majority of water with the
help of a sump pump.
With regard to the "approval in
concept" Mr. D'Amore stated he had
received several months ago, the
Planning Director commented that it was
only a week ago when he heard that the
applicant had submitted plans for the
subject structure and the existence of
any "approval in concept" was a
surprise. He stated that when an
"approval in concept" is issued, the
staff has to certify to the Coastal
Commission that all discretionary
Volume 43 - Page 375
Permit /
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CITY OF NEWPORT BEACH
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actions have been taken, and if a curb Permit/
cut is required to take access from the D'Amore
street as opposed to the alley, an
"approval in concept" should not have
been issued prior to the curb cut
receiving approval by the City Council.
Mr. D'Amore advised that as a result of
the "approval in concept" he received in
December, 1988, he has obtained a permit
from the Coastal Commission.
It was indicated there were some issues
that needed further clarification
relative to this matter; and therefore,
motion was made to direct the staff to
report back on September 25, 1989.
3. ARTS COMMISSION VACANCY:
Motion was made to confirm the
following nominations of the
Appointments Committee for appointment
on September 25, 1989, to fill the
unexpired term of Kym Young ending
June 30, 1992:
Jane Piasecki
and
Howard Herzog
Meeting adjourned at 9:45 p.m.
The agenda for this meeting .
was posted on September 7,
1989, at 8:35 a.m., on the
City Hall Bulletin Board
located outside of the City of
Newport Beach Administration
Building.
ATTEST:
L2 4G�is�li�ler � n
City Clerk
Volume 43 - Page 376
Arts Cmsn