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HomeMy WebLinkAbout10/30/1989 - Regular MeetingPresent Motion All Ayes Son All t.yes Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES t904, C, 4 REGULAR COUNCIL MEETING ®�i -P PLACE: Council Chambers \69�j, TIME: 7:30 P.M. �� DATE: October 30, 1989 x x x x x x x X x x A. ROLL CALL. B. Reading of Minutes of Meeting of October 9, 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 10rd 89 -28 regarding proposed ORDINANCE NO. 89 -28, Zoning being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE ESTABLISHING THE MULTI- FAMILY RESIDENTIAL (MFR) DISTRICT [PLANNING COMMISSION AMENDMENT NO. PCA 687 687]. Report from Planning Department. Motion was made to continue the public hearing to November 13, 1989, as recommended by staff. 2. Mayor Strauss opened the public hearing 1(94) Ord 89 -31 regarding proposed ORDINANCE NO. 89 -31, Zoning being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 17 SO AS TO ESTABLISH A TEN FOOT FRONT YARD SETBACK ALONG CARNATION AVENUE (PRIVATE) FRONTAGE PROPERTY LOCATED AT 2500 SEAVIEW AVENUE IN CORONA DEL MAR; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING PCA 685 COMMISSION AMENDMENT NO. 6851. presented for second reading with report from the Planning Department. David Diem, representing the applicant, addressed the Council in support of the request. He stated the existing development on the subject property is so old there has never been any front yard setbacks established on the parcel. The property abuts a private street (private portion of Carnation Avenue) and the property line extends to the middle of the street. The Volume 43 - Page 412 • Motion All Ayes • • x t1� .r 6 �r 4 ii MINUTES October 30, 1989 right -of -way line is 10 feet off the curb, and as a result of the 10 foot setback, the total setback is 20 feet off the curb. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 89 -31, amending a portion of Districting Map No. 17 to establish a front yard setback along Carnation Avenue (private) frontage of property located at 2500 Seaview Avenue; and accept an Environmental Document. Council Member Sansone complimented the developer for his cooperation with neighboring residents in a give- and -take situation,. He added that as a result of negotiations, a reverse setback on Seaview Avenue has been established, which protects two adjacent properties, as well as the establishment of a fire lane on Dahlia Lane which is a private street. The motion was voted on and carried. 3. Mayor Strauss opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 689, a request initiated by the City of Newport Beach to amend Section 20.63.035 of the Newport Beach Municipal Code so as to allow Mixed Use Residential /Commercial and Retail land uses as permitted uses in the Recreational and Marine Commercial District of the Cannery Village /McFadden Square Specific Plan. Report from Planning Department. The City Clerk advised that a Supplemental Report from the Planning Department regarding minor revisions to proposed ordinance had been prepared for consideration. The City Manager stated the subject ordinance permits that which was approved in the General Plan last October, i.e., Mixed Use Residential/ Commercial and Retail Land Uses in the Recreational and Marine Commercial District of the Cannery Village, McFadden Square Specific Plan. He added that the ordinance also includes financial institutions as a permitted use in the Mixed Use District. Volume 43 - Page 413 (94) ME COUNCIL MEMBERS ���$\Va05\0 L Ck,LL Motion 6 Ayes is W T 0� Mkill, MINUTES October 30, 1989 Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to introduce Ordinance No. 89 -32, and pass to second reading on November 13, 1989, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.63.035 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ALLOW MIXED USE RESIDENTIAL /COMMERCIAL AND RETAIL LAND USES AS PERMITTED USES IN THE RECREATIONAL AND MARINE COMMERCIAL DISTRICT OF THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN [PLANNING COMMISSION AMENDMENT NO. 689]. 4. Mayor Strauss opened the public hearing and City Council review of the following applications of N/R MARINA PARTNERS, Newport Beach, on property located at 2602 -2620 Newport Boulevard, on the southeasterly corner of 28th Street and Newport Boulevard, in the Cannery Village /McFadden Square Specific Plan; zoned SP -6. A. SITE PLAN REVIEW NO. 52 - Request to permit the construction of a mixed -use residential /commercial development which includes two buildings containing 35 residential condominium units and 22,500 sq. ft. of commercial floor area on property located in the "Recreational and Marine Commercial11 area of the Cannery Village /McFadden Square Specific Plan Area; and the acceptance of an environmental document; AND B. USE PERMIT NO. 3361 - Request to permit the construction of a mixed -use residential /commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District, which includes general commercial and office uses in conjunction with incentive uses, and which has a commercial floor area ratio less than 0.25 on property located in the Volume 43 - Page 414 Ord 89 -32 U/P 3361 (88) Site Pln Rv 52 COUNCIL MEMBERS tI°tp October 30, 1989 MINUTES o ITrfc Stdy 59 ial ,r one m J L l in roe it for im is it Eive lbed at Tent Tr Mp 14025 CRD Prmt 18 "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan Area; AND C. TRAFFIC STUDY NO. 59 - Request t approve a traffic study so as tc permit the construction of a mixed -use residential /commercial development containing 35 residential units and 22,500 sq. ft. of commercial development; AND D. TENTATIVE TRACT MAP NO. 14025 - Request to subdivide 26 existinj lots into a vertical subdivisioi containing two lots for resident condominium purposes, one lot f, commercial and marina purposes, lot for residential parking purposes, and one lot for commercial parking purposes, in conjunction with the constructii of a mixed residential /commercL development containing 35 residential condominium units ai 22,500 sq. ft. of commercial • development, on property locate4 the "Recreational and Marine Commercial" are of the Cannery Village /McFadden Square Specifi Plan Area; AND E. COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 18 - Request to appr a Coastal Residential Developme Permit for the purpose of establishing project compliance a 35 unit residential condomini development pursuant to the Administrative Guidelines for t implementation of the State Law relative to low- and Moderate - Income Housing within the Coast Zone. Report from the Planning Department. The Planning Director explained the above - listed applications, and descr the project as a 3 -story project, 35 feet in height, and 2 stories of residential above a single -story of commercial. The residential compone Volume 43 - Page 415 MINUTES o ITrfc Stdy 59 ial ,r one m J L l in roe it for im is it Eive lbed at Tent Tr Mp 14025 CRD Prmt 18 Ll J • MINUTES October 30, 1989 contains 35 dwelling units for condominium purposes and 2,500 sq. ft. of commercial space. The project is divided into two building groups, separated by a ground level corridor and has a minimum width of 100 feet between the buildings. On the second and third floors, above ground level, the window to the bay is reduced to approximately 50 feet. The open areas of the project are landscaped with turf, fountain, and seating areas. The open areas of the plan constitute 65% of the site. In addition, there is a walkway in front of the project which is 10 feet in width and is adjacent to the water. There are four residential floor plans varying in size from 1600 sq. ft. for 2 bedrooms to 1800 sq. ft. for 3 bedrooms. There will also be four dwelling units developed off site on property across from this parcel which will be coming before the City Council at a future date. There will be 194 parking spaces provided, 88 spaces for residential at a ratio of 211 parking spaces per dwelling unit, and 106 spaces for commercial development, including 16 spaces for a 21 slip boat marina. Each of the parking areas is independently accessible, and 183 parking spaces will be in a subterranean parking structure with 9 parking spaces on the surface. The City's regulations provide a floor area ratio of 1.6 x the buildable area of the site. The project is actually at .97 which indicates the project is substantially below the required floor area ratio. Since the approval of the Planning Commission, there have been some issues raised regarding charter boat operations and charging a fee for commercial and marina parking, and as a result of those concerns, two additional conditions of approval have been added prohibiting charter boat operations on the site and requiring the commercial and marina parking to be provided at no charge. Further, there is also a concern with regard to refuse collection and the collection of recyclable materials. In this development, the residential units are located on the second and third floors of the project and the applicant is proposing trash shutes on each level where the trash will be deposited in dumpsters for pickup. The trash storage areas for commercial and residential are Volume 43 - Page 416 U/P 3361 LL • u • MINUTES October 30, 1989 h lk separate, and there may be a way in which the trash for the commercial component of the project could be segregated. Discussion ensued regarding recyclable materials and the collection thereof, wherein the City Attorney advised that if the Council desires, a condition of approval could be imposed requiring the applicant to comply with subsequent policy and ordinances concerning recyclable materials, inasmuch as the Council will be considering new regulations on this issue in the very near future. In response to questions raised by Council Member Hart pertaining to the height of the structure and the width of the sidewalks, staff advised that the maximum height of the structure as shown on the plans is 38 feet at ridge line, with the average roof height at 35 feet. The sidewalk on 28th Street will be 8 feet in width, whereas the sidewalk on 26th Street will be either 5 or 6 feet wide. The floor area ratio is .97. John Newcomb, 1821 W. Bay Avenue, applicant, addressed the Council and stated that he had met with many citizens groups and neighbors in the area regarding the proposed project; he felt the development would be an asset to the community, and concurs with the recommendation of staff. Regarding the recycling of trash, he is willing to designate an area where residents can voluntarily place their aluminum cans, newspapers, etc., and he will work with the appropriate entity for collection of same. Pertaining to the additional condition regarding free parking for commercial and marina use, he stated he would like to leave the commercial parking open and if it becomes a problem due to unauthorized use, (such as beach goers) then either a security guard or gate mechanism would be utilized; and to that extent he is willing to accept the condition to not charge for parking. He further stated he concurred with the condition prohibiting charter boat operations on the site. With respect to employee transportation to the site, he stated bicycle spaces will be provided in the parking garage for those users, in addition there is an Orange County Volume 43 - Page 417 3361 G • Motion • • x MINUTES October 30, 1989 Transit District bus turnout at the property. There will also be four affordable rental units associated with the project for a period of 30 years. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to approve the project as recommended by the Planning Commission, and: 1. Adopt Resolution No. 89 -117, accepting, approving and, certifying Final Environmental Impact Report No. 144; 2. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; 3. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; 4. With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, am that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; 5. Approve Tentative Map of Tract No. 14025 with the Findings and subject to the Conditions suggested by the Planning Commission; Volume 43 - Page 418 U/P 3361 Res 89 -117 • All Ayes • MINUTES October 30, 1989 6. Sustain the action of the Planning Commission and approve Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59 and Coastal Residential Development Permit No. 18, with added Conditions No. 11 and 12 on Use Permit No. 3361 prohibiting charter boat operations on the site and requiring the commercial and marina parking to be provided at no charge; and 7. Property owner shall provide on -site receptacles that will permit residents to recycle aluminum, glass, and newspaper, and arrange for pickup of recyclables on a timely basis. Council Member Watt emphasized her desire to have the Council consider, at some point in time, the issue of employee transportation in general, and participation in the Transportation Resource Center. Mayor Strauss commented that he felt this project was "well done;" however, he is concerned about the height of the structure and does not want this project to set a precedent for future projects on the waterfront. The staff reviewed again the proposed view corridor, noting the minimum width of 100 feet on the ground level with a minimum of 50 feet on the second and third floors. It was also pointed out that the parking structure is all subterranean. There being no further comments, the motion was voted on and carried. 5. Mayor Strauss opened the public hearing and City Council review of an APPEAL by JAN D. VANDERSLOOT, M.D., from the approval by the Planning Commission on September 7, 1989, of TRAFFIC STUDY NO. 58 AND USE PERMIT NO. 3229 (AMENDED), requests of Lee West, Newport Beach, to convert an approved employees' cafeteria into a restaurant facility, with on -sale beer and wine, which will operate in conjunction with an auto dealership located at 3000 West Coast Highway,.on Volume 43 - Page 419 U/P 3361 U/P 3329(A) (88) Trfc Stdy 58 0 0 C CITY OF NEWPORT BEACH MEMBERS October 30, 1989 MINUTES the northerly side of West Coast Highway between North Newport Boulevard and Riverside Avenue in Mariners Mile; zoned SP -5. Report from the Planning Department. Appeal application of Jan D. Vandersloot, M.D. The City Clerk reported that after the agenda was printed, a letter was received from the appellant, Dr. James D. Vandersloot regarding his appeal. A letter was also received from Mariners Mile Business and Resident Beautifi- cation Association in support of Lee West's project. In reviewing the Planning Commission recommendation, it was noted that at its meeting of September 7, 1989, the Planning Commission recommended the approval of Traffic Study No. 58 and Use Permit No. 3229 (Amended) to convert an approved employees' cafeteria of an existing auto dealership into a restaurant facility with on -sale beer and wine, with the Findings and subject to the Conditions of Approval as indicated in the excerpt of the Planning Commission minutes. It was the determination of a majority of the Planning Commissioners that the project conformed with the requirements of the General Plan and the Zoning Code, and that there were no Findings to deny the applicant's request. The approval also included Condition of Approval No. 32 on Use Permit No. 3229 (Amended) that nullifies the previous approval of Site Plan Review No. 49, Vesting Resubdivi- sion No. 876 and Traffic Study No. 48 (Revised) that permitted the construction of a retail- office building on the adjoining property to the east. Said property is now being purchased by the applicant as an off -site parking lot for the restaurant use in the auto dealership facility. A modification to the original use permit is also being proposed which would permit security lighting to remain on all night. Presently, the security lighting is turned off at 10:00 p.m., and as a result, some vandalism has occurred on the property. Dr. Jan D. Vandersloot, appellant, 2221 16th Street, addressed the Council and reviewed some of the background Volume 43 - Page 420 /P 3329(A) 4CIL MEMBERS s' "o "k I E 0 • CITY OF NEWPORT BEACH MINUTES October 30, 1989 connected with the opening of the Jaguar Diner which, he stated, has been operating illegally since last Spring. A lawsuit was filed by the City, but not pursued into court. In the meantime, the dealership commissioned its own traffic study (No. 58) which split off the diner from the dealership. The Planning Commission then accepted said traffic study and approved the project. In view of the Commission's action, he would like the Council to request a new traffic study which includes both the dealership and the diner. He stated that his main objection to the subject use permit is that the traffic study approved by the Commission is inaccurate and incomplete. In addition, the applicant Lee West, is getting off "scot- free" while violating his use permit. Dr. Vandersloot explained the reasons he felt that Traffic Study No. 58 was not acceptable as enumerated in his letter to the City Council dated October 30, 1989. He also pointed out that Traffic Study No. 49 done in July, 1988 by DKS Associates for the City, included both dealership and diner, and concluded that traffic from both entities tripped the Traffic Phasing Ordinance for the PM peak hour at Coast Highway and Riverside Avenue, and as a result, the addition of the diner to the dealership was denied. He stated that in comparing both traffic studies, No. 49 vs. No. 58, there are large differences which he summarized. In conclusion, Dr. Vandersloot requested the following: An independent traffic study done for the City, not for Newport Imports, because of the inherent conflict of interest posed by the consultant hired by the dealership. The study should include both diner and dealership since both were built together. Project volumes should be dealership and diner. 3. An explanation from staff why regional growth volumes decreased by 50% while existing traffic volumes decreased by only 5% for the critical WT movement. Volume 43 - Page 421 U/P 3329(A) COUNCIL MEMBERS 0 ,/ 11 u CITY OF NEWPORT BEACH MINUTES October 30, 1989 4. An explanation from staff why committed project volumes have been reduced by 17% while For Lease signs still show less than full occupancy at buildings such as the Chart House and John Dominis building on Mariners Mile. 5. If existing traffic is down, if regional growth traffic is down, and if committed project traffic is down, all according to traffic study No. 58, should we conclude that our traffic problems on Mariners Mile are over? 6. A procedure whereby independent traffic studies done for the City of Newport Beach are required for the TPO. 7. A procedure whereby projects are not allowed to be split up when doing traffic studies for the TPO. 8. Occupancy rates of committed projects be confirmed other than simple telephone calls to the leasing agent. 9. Substantial fines to be levied against violators of Use Permits to prevent scofflaws from going scot —free when violating the permit procedure such as the current case. 10. Restrict the hours of operation so as to avoid the PM peak hour at Coast Highway and Riverside, as suggested by Ruby's last year. 11. That the City pursue the acquisition of parking spaces available on the Shokrian property from the off — street parking fund in order to secure parking permanently. Rich Edmonston, Traffic Engineer, addressed the Council and stated that the City's Traffic Phasing Ordinance and City Council Policy S -1, which are administrative guidelines, are very specific as to how traffic studies are to be carried out in terms of land uses, Volume 43 — Page 422 3329(A) 9CII_ MEMBERS \yam • • CITY OF NEWPORT BEACH MINUTES October 30, 1989 trip generation and trip distribution, as well as the method of calculation in evaluating traffic impacts of a particular project. While Traffic Study No. 58 was not done by a consultant hired by the City, it is a consultant who the City has hired in the past. He advised that his office reviewed the traffic study in detail to be sure that the assumptions and calculations in the study were! reasonably accurate. As a result of that review, he has no questions as to its validity of the method used. In response to some of the comments made by Dr. Vandersloot, he stated he concurs in the recommendation that an independent consultant should be hired by the City to conduct traffic studies in the future, and it is a proposal to be considered by the Council at their next study session as a revision to Policy S -1. With regard to the recommendation that the diner and the dealership be considered as a package in the traffic study, he stated that in the 1988 traffic study, the two issues were combined into one. However, in the recent traffic study, the diner and the dealership were split due to the dealership being open prior to the diner. Another proposed revision.to Council Policy S -1 is that traffic generated by both existing and proposed land uses shall be evaluated for any project proposed subsequent to, and within the time frame for analysis used by (one year subsequent to the anticipated date of occupancy), a previously approved traffic study. Pertaining to decreases in regional volume which was reduced by 50 %, he stated the reason for this decrease was that the earlier traffic study looked at a two -year time frame from the time the study was done to one year beyond completion, whereas in the second traffic study, the facility was essentially in place and only analyzed as a one -year time frame. Existing traffic volumes also decreased when in -field traffic counts were completed this past Spring. The numbers at the intersection of Riverside and Coast Highway ,rare lower than,the previous year, and were counted twice for accuracy. With regard to committed traffic volumes, these are traffic volumes from all the projects approved by the City which have not yet been fully occupied. Volume 43 - Page 423 3329(A) • • lr� u CITY OF NEWPORT BEACH MINUTES '00 ��� ®� e_� October 30, 1989 In response to Council inquiry, Mr. Edmonston stated that if this project was being considered on a first -time basis, both the diner and the dealership would be studied together in the traffic study. With regard to the Shokrian property being considered as a committed, project, he stated that when his office reviewed the traffic study, the property was counted as a committed project initially, but has been eliminated and recalculated and the ICU for the PM peak hour is now .88. During discussion among the Council the City Attorney pointed out for the benefit of those in the audience as well as television viewers, that the project being considered at this time is not the same project that was before the Council two years ago. The matter under consideration this evening involves acquisition of the site adjacent to the dealership, the provision of parking, and the removal of the old China Palace. It was also brought out that when the original use permit was denied for this project because it failed to meet the requirements of the Traffic Phasing Ordinance, the applicant pursued the acquisition of the Shokrian property for parking purposes, and hired Mr. Darnell to perform a new traffic study to determine if that study would reduce it below the .90 which was required by the TPO, prior to actually purchasing the property, and was the reason the City did not perform the traffic study. However, the basic data that was used for that study was obtained from the City Traffic Engineer. Council Member Watt indicated she had some reservations as to how staff uses the TPO and the method in which it is "almost manipulated" in some cases. She also discussed the way in which committed projects are calculated, and stated she felt Council Policy S -1 should be revised to "go beyond what has already been set forth." Dick Demmer, 2812 Cliff Drive, addressed the Council in support of the appeal and the request for a new traffic study. He stated he supported the applicant's original plan two years ago when the restaurant was to be an employees' diner and not open to the public. He also Volume 43 - Page 424 U/P 3329(A) COUNCIL MEMBERS Ll C J CITY OF NEWPORT BEACH MINUTES October 30, 1989 stated that he had no objection to the diner being open to the public, but he did strongly object to the manner in which it was converted. He questioned if the applicant has actually purchased the Shokrian property as referenced earlier, and if so, will the proposed off -site parking agreement expire in five years? Regarding the request to allow the security lighting to remain on all night, he stated he had no objections, providing the lighting is adjusted downward due to the glare. The City Attorney responded that the provision of parking off -site on the parcel other than where the restaurant is located, requires the development of an off -site parking agreement between the owner of the property and the City, and provides that if parking is lost for any reason the restaurant operator has two options, i.e., to close the operation or restrict it so that it conforms to the code in terms of parking, or provide substitute parking. The off -site parking agreement is recorded so that subsequent purchasers of the off -site lot are on notice that their use of the property is restricted by the agreement. He also referenced Condition No. 14, which states: "The applicant shall record a covenant, guaranteeing that the subject parcels used for off -site parking for the restaurant shall remain in the same ownership as the property on which the restaurant is located." In addition, Finding No. 6 reads: "That the restaurant site and the off -site parking areas are in the same ownership." Janine Gault, 406 San Bernardino Avenue, representing the Board of Directors of the Newport Heights Community Association, addressed the Council and stated the Board of Directors were very disturbed over the fact that the City, in their opinion, has allowed Lee West to operate a public diner illegally without the benefit of approved permits. They are also concerned as to why the applicant has not been fined, or punished for violation of his use permit, and felt the City Attorney should have pursued the lawsuit against Mr. West. Volume 43 - Page 425 U/P 3229(A) CITY OF NEWPORT BEACH MINUTES 0 October 30, 1989 Volume 43 - Page 426 In response to the above comments, Mayor U/P 3229(A) Strauss informed Ms. Gault that the staff is now in the process of preparing some type of document which will fine violators of future use permits. • The City Attorney also reported, for the record, that he had written a letter to the Newport Heights Community Association explaining his reasons for not pursuing the lawsuit against Mr. West. Richard Dear, One Wilshire Blvd., Los Angeles, representing the applicant Lee West, addressed the Council and advised that Mr. West has purchased the Shokrian property adjacent to Newport Imports and said property is in escrow. Mr. West presently has the "right of possession," which means that Mr. West has the right to enter onto the property and demolish the existing old China Palace, providing necessary permits are obtained. He stated it is his understanding that the subject property will be used for dealership and restaurant parking. He is hopeful escrow will close prior to the end of this year. • David Purves, 532 Vista Grande, owner of Quality One -Hour Photo at 149 Riverside Avenue, addressed the Council in support of Mr. West's project. He stated he felt the traffic study was valid and that Newport Imports should be allowed to continue its operation of a public diner. Marian Rayl, 426 San Bernardino, addressed the Council in support of Dr. Vandersloot's appeal. She discussed increased traffic on Riverside Avenue; felt more traffic will be generated as a result of the diner which will exit and enter on Avon Street; does not want to see Mariners Mile overbuilt; and felt a portion of the Shokrian property will eventually be developed which could mean a traffic light at Avon and Riverside Avenues. Pat Hollander, 213 Via Dijon, addressed the Council in support of the appeal. She stated that Mr. West is presently "breaking the law," and questioned what • will stop him from continuing to violate City regulations if this project is approved. She read a prepared statement Volume 43 - Page 426 0 • COUNCIL MEM®ERS MINUTES co October 30, 1989 regarding legality and upholding the law, and stated she felt every individual should be accountable to the law. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council neither for nor against the appeal. He indicated he felt that sometimes the law is unjust, and asked questions regarding the Shokrian property. Dr. Vandersloot addressed the Council again, and stated that the Shokrian property does not really impact the current traffic study; a restaurant cannot be build on the old China Palace property; committed project traffic should account for both dealership and the restaurant in the traffic study; and the independent traffic study consultant is critical because he is the one who determines the distribution of the traffic. Bill Darnell, Traffic Engineer who prepared the current traffic study, addressed the Council and stated that in the committed projects traffic, 98% of the Newport Imports was included, even though it was calculated six months after Mr. West had opened. He stated that he basically tried not to change any of the parameters of generation rates that were used in the previous traffic study, and obtained all of the background information, existing counts, etc., from the City's Traffic Division. He also discussed some technical aspects of the traffic study as referenced by Dr. Vandersloot. Robert Blake, 633 Lido Park Drive, addressed the Council and stated that Mr. West has shown a "blatant disregard for public policy," and if he is allowed to continue to violate City regulations, it could set a precedent. Jim Evans, Manager of Mariners Mile Marine Center, addressed the Council in support of Mr. West's project. He stated he felt Mr. West was in compliance with all aspects of the project and should be permitted to continue his operation, based on the merits of the current traffic study. Hearing no others wishing to address the Council, the public hearing was closed. Volume 43 - Page 427 U/P 3229(A) • Don • x CITY OF NEWPORT BEACH MINUTES ,A y c9® .� t �� October 30, 1989 Council Member Sansone indicated he felt the Council had been "lied to" by Mr. West, initially regarding the employees cafeteria, which is actually a public restaurant, and questioned the City Attorney if the Council had to "stick by" that decision since Mr. West violated the conditions of his use permit. The City Attorney reminded the Council that the project under consideration at this time is not identical to the project approved by the Council two years ago, when the Jaguar dealership first came before the Council. What is on the agenda for approval this evening is a use permit involving the ownership of adjacent property and a provision of parking on said adjacent parcel. He stated that he agrees with Council Member Sansone regarding the representations made by Mr. West at the time the Jaguar dealership was approved; however, he was unsure as to what legally can be done about that at this time, inasmuch as Mr. West has acquired property for parking purposes which now satisfies the requirements of the use permit, as well as the TPO. Council Member Sansone stated that he did not know how the Council could act on the subject use permit due to the past history of Mr. West and misrepresentation of the diner. He added that inasmuch as the Shokrian property has not yet closed escrow, he is "leery" of approving anything at this time, and therefore moved to delay action on this issue until escrow has actually closed on the Shokrian property. It was indicated by the City Attorney that inasmuch as there are no grounds for denial of the subject use permit, the Council may wish to approve the application with the provision that Mr. West cease operation of the diner as a public restaurant until the close of escrow on the Shokrian property. The Planning Director explained the reasons Condition No. 14 was worded in such a manner, noting that when the amended use permit was submitted to the Planning Commission, it was represented to the City that Mr. West already owned the Shokrian property. The fact that the Shokrian property was a parcel Volume 43 - Page 428 U/P 3229(A) CITY OF NEWPORT BEACH MINUTES ,CIO °® $ SO� G�� � , iaa taa October 30, 1959 separate from the original parcel upon which Mr. West built the automobile agency, instead of requiring Mr. West to enter into an off -site parking agreement ® I I I I I I I I again, taking into consideration all the points which have been brought up, including the consultant's letter which came in after Dr. Vandersloot's package, Volume 43 - Page 429 U/P 3229(A) which would be a three -way agreement between the owner of the off -site lot, the owner of the parcel where the restaurant was going to be developed, and the City, a condition was formulated requiring the owner to record the covenant guaranteeing to the City that Mr. West would hold the two parcels as a single building site, or as in this case, one parcel for parking and one parcel for a restaurant. He stated that the fact the Planning Commission approved the project didn't necessarily hinge on whether or not Mr. West owned the Shokrian property, leased the property, or had a right to occupy the property. Council Member Watt stated she felt the City Council should begin to clarify the future of the Mariners Mile, and "stop acting as if the City may or may not widen Coast Highway." It is her belief that the City's goal in Mariners Mile is to retain it as a destination area with a village that works for the people. ® She felt the City Council wants to retain landscaped parking lots throughout the area; they don't want the widening of Pacific Coast Highway because it would increase the speedway; the streetscape, sidewalk and bikeways would be lost. She also felt there were findings for denial in that the traffic study is not adequate. She stated she concurs with Council Member Sansone that this item could be delayed until the escrow closes on the Shokrian property, but at that time there are mitigating things that have to happen to make the condition meet City goals. She felt the Shokrian property should be retained for parking and not developed for a two year period. She stated she would like to promote the provision for bicycles along Mariners Mile and participation in the Transportation Resource Center so that the City can eliminate some of the need for traffic and parking; and further, she would like the staff to review the method of traffic analysis (TPO) once ® I I I I I I I I again, taking into consideration all the points which have been brought up, including the consultant's letter which came in after Dr. Vandersloot's package, Volume 43 - Page 429 U/P 3229(A) L 0 0 CITY OF NEWPORT BEACH MINUTES 00 A A GtPdy October 30, 1989 and that a process should begin that would review the entire Coast Highway issue as to its widening. Council Member Hart stated that Council Member Watt's comments are worthy of consideration, as they have been in the past regarding Mariners Mile. However, the City Council continues to go on record as not favoring the widening of Coast Highway in Mariners Mile, but advised that it is an issue being analyzed again by the Mariners Mile business people. The City has had a history of not condemning property, and she felt this was also not the time or place to do it. She stated that according to the Planning Commission's review, and for all intents and purposes of the law, the applicant has complied with the requirements of the General Plan and the Zoning Code, and therefore, she does not see how the City Council can deny this project, particularly since there are no findings for denial. Also, she felt the amount of traffic this project generates seems to be mitigated by the number of conditions of approval imposed by the City staff and Planning Commission. The City Attorney reiterated again that because of a very complicated history connected with this issue during the past 8 to 12 months, this item has become very complex and as a result, it is not an easy decision for the City Council. The fact that the applicant opened a public restaurant contrary to the Council's expressed decision is clouding the issue. He recognizes the fact that the Council, as well as a number of residents, are upset that Mr. West has continued to operate the public diner, and therefore, he suggested that the Council impose a condition whereby there shall be no further operation of a public restaurant until the conditions of the use permit have been satisfied, which could at least put a stop to what Mr. West has continued to do which has caused such anger. He stated that he has talked with the Traffic Engineer and other staff members about this project, and cannot come up with findings for denial, and with all due respect to Council Member Watt, he felt the City Council cannot deny this project on the basis that it somehow has an incremental Volume 43 - Page 430 U/P 3229(A) 0 Motion E X CITY OF NEWF20RT BEACH MEMBERS October 30, 1989 MINUTES effect on the traffic on Pacific Coast Highway and may induce some widening. The City's Master Plan calls for six lanes on Pacific Coast Highway through Mariners Mile, and the existing use permit is conditioned upon the property owner's dedication of additional right - of -way to widen Pacific Coast Highway, and is conditioned in that manner because the use permit has to be consistent with the City's General Plan. The City Council also cannot, in his opinion, restrict the use of the property adjacent to the dealership for a period of time in an effort to try to force the property owner to come to the City and enter into some agreement about the use oi'. those additional parking spaces that are shown on the site plan. In conclusion, he recommended that the Council look at this project as it has been submitted, given the conditions of approval, and assuming those conditions of approval will be satisfied. Following discussion, a substitute motion was made to sustain the decision of the Planning Commission; with the addition of Condition of Approval No. 33, which states that "the applicant shall immediately cease operating the facility as a public restaurant, and that this application shall be reviewed by the City Council on January 8, 1990, to enable the City Council to ensure that the applicant has complied with all aspects of this use permit, specifically Finding No. 6, and Condition of Approval No. 14." Mr. Dear, representing Lee West, applicant, addressed the Council after conferring with his client, and advised that Mr. West will not agree to the additional condition as stated by Council Member Turner, inasmuch as he feels he has met the requirements of the City to operate a public restaurant. In essence, Mr. West is not going to close down the diner nor cease what he is doing at the present time. In view of the foregoing comments, Council Member Turner withdrew his substitute motion. Volume 43 - Page 431 U/P 3229(A) Motion All Ayes E Motion All Ayes 0 x CITY OF NEWPORT BEACH EMBERS MINUTES 0 A October 30, 1989 INDEX Discussion ensued, wherein the City U/P 3229(A) Attorney suggested that the City Council approve the use permit, subject to the provisions set forth in the foregoing by Council Member Turner, even though Mr. West has stated through his attorney he will not comply with the condition to cease operation of the public restaurant. Following consideration, Council Member Turner asked the City Attorney if he resubmitted his substitute motion as stated above, would the City Attorney feel comfortable going into court to get an injunction against Mr. West. The City Attorney responded that the subject use permit does not become effective until conditions of approval are satisfied, and he felt that under the circumstances, and inasmuch as the Council has directed there be no operation of a public restaurant, he could pursue the case in court. In view of the above, Council Member Turner resubmitted his substitute motion as set forth in the foregoing, which motion carried. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: x The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on November 13, 1989: (a) Proposed ORDINANCE NO. 89 -33, Ord 89 -33 being, Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 TO PLACE SUBJECT PROPERTY IN THE R -3 DISTRICT OF THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN (SP -6) DISTRICT (PLANNING COMMISSION AMENDMENT NO. 686]. (Report from the Planning Department) Volume 43 - Page 432 • E CITY OF NEWPORT BEACH MINUTES October 30, 1989 (b) Proposed ORDINANCE NO. 89 -34, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING MAPS 2, 3, 8, 9, 10, 11 AND 12 TO RECLASSIFY VARIOUS PROPERTIES LOCATED IN THE GENERAL AREAS OF THE BALBOA PENINSULA, MCFADDEN SQUARE, AND WEST NEWPORT, FROM THEIR CURRENT ZONES OF C -1, R -2, R -3, and R -4 TO R -1 AND R -2 TO MAKE THE ZONING CONFORM WITH THE GENERAL PLAN LAND USE ELEMENT; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION NO. 692]. (Report from the Planning Department) (c) Proposed ORDINANCE NO. 89 -35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO DEFINE AND REGULATE "SPECIALTY FOOD" USES IN THE CITY; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT NO. 6791. (Report from the Planning Department) (d) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 89 -119 DECLARING THE CITY''S INTENTION TO VACATE AND ABANDON A PORTION OF CHANNEL ROAD ADJACENT TO THE PROPERTY LOCATED AT 2298 CHANNEL ROAD ON PENINSULA POINT and setting November 27, 1989 as the date of public hearing concerning the intended vacation; accepting a map showing the right -of -way to be vacated; and approving in concept, the exchange of property to allow a building wall encroaching into the public right -of way to remain in place [the property to be vacated will be replaced by a dedication of property of equal area]. (Report from Public Works Department) Volume 43 - Page 433 Ord 89 -34 Zoning (94) Ord 89 -35 Zoning (94) Vacation/ 2298 Chan- nel Rd Res..89 -119 (90) • CITY OF NEWPORT BEACH COUNCIL MEMBERS y October 30, 1989 3. CONTRACTS /AGREEMENTS: MINUTES (a) Award CONTRACT NO. 2770 in the Placentia/ amount of $139,430 to Signal 15th Trfc Maintenance, Inc., Anaheim for Sgnl Mdfctn INSTALLATION OF TRAFFIC SIGNALS AND C -2770 SAFETY LIGHTING AT THE INTERSECTION (38) OF PLACENTIA AVENUE AND 15TH STREET AND TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS INTERSECTIONS; and authorize the Mayor and City Clerk to execute subject contract. (Report from Traffic Engineering) (b) Award CONTRACT N0. 2700 to Colich & Swr Mn /Aly Son (JV) for the total bid price of Rplcm Prg $598,617; and authorize the Mayor '89 -90 and City Clerk to execute subject -2700 contract for SEWER MAIN AND ALLEY (38) REPLACEMENT PROGRAM 1989 -90. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To General Services for response, S/R letter from Diana Sammis Brookes, (44) and Mrs. Lee Sammis in support of a complete RECYCLING PROGRAM in Newport Beach. (b) To Traffic Affairs Committee for reply, letter from Piero Serra, proprietor of Portofino Beach Hotel with request for SPEED HUMPS in alley behind the business. (c) To Library Board for inclusion in the records, petitions from residents in support of reopening the WEST NEWPORT LIBRARY. (d) To Marine Department for response, rine Dpt/ letter from Sandi Rowan urging [(51) f Bd Ban ENFORCEMENT OF SURFBOARD BAN YEAR -ROUND to ensure safety for body surfers at the WEDGE. (e) Removed from the Consent Calendar. (f) To Traffic Affairs Committee for ITA C/ reply, letters from Luvena Hayton, trs Transportation Chairman, Corona del (85) Mar Chamber of Commerce regarding PARKING METERS AND THEIR SEPTEMBER NEWSLETTER REMARKS. Volume 43 - Page 434 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 41 Z 9 A$� °s ®� October 30, 1989 ROLL CAL �� °p IF (g) To Parks, Beaches and Recreation PBSR Commission for report back, appeal (62) by Antoinette Everett from Commission's denial on October 3, requesting removal of the two trees ® situated on both sides of appellant's driveway at 1011 East Balboa Boulevard allegedly causing a public health and safety hazard. 5. COMMUNICATIONS - For referral to the City Clerk: for inclusion in the records: (a) Copy of letter from David B. Rosten regarding DOWNZONING OF PROPERTY LOCATED AT 1009 WEST BALBOA BOULEVARD. (b) Copy of letter from Mr. and Mrs. Larry C. Boyd concerning PROPOSED HISTORICAL DESIGNATION OF THE "BUFFALO RANCH." (c) Copies of response from Board of Library Trustees Chairman Charles Sword to library patrons concerning proposed study on services to WEST NEWPORT, and suggestions for work space at the NEW LIBRARY. (d) Copy of letter from International ® Union of Operating Engineers concerning construction work on PACIFIC COAST HIGHWAY WIDENING - NEWPORT BOULEVARD TO HIGHLAND STREET. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Suzanne Bruker alleging damage to Bruk sprinkler system approximately October 9, 1989 at 2117 Highland Avenue, as a result of sidewalk replacement. (b) Geri Conser alleging one of her Cons photographs hanging in Newport Center Library on September 20, 1989 was knocked off the wall and as a result, was damaged. (c) Mel Fuchs alleging City refuse Fucl. truck damaged garage door and dry wall. inside garage on October 2, 1989 at 1628 W. Ocean Front. Volume 43 - Page 435 • 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS �® October 30, 1989 MINUTES (d) Mrs. Anne Thomas Lundy alleging Lundy personal injuries as a result of trip and fall on September 22, 1989, at 211 N. Bayfront and Garnet Avenue. (e) Kathleen A. McConville for damages McConville to her rental vehicle alleging baseball from men's slo -pitch softball tournament at Bonita Creek Park on September 16, 1989, hit subject vehicle while parked. (f) Robert H. Murphy alleging City pickup truck backed into the front of his parked vehicle on Main Street on the Peninsula on October 2, 1989. (g) Pacific Bell for damages, alleging Bell 50 -pair buried cable was severed by Griffith Company on July 3, 1989 at 300 E. Coast Highway, while widening street for the City. (h) Jennifer Pomeroy alleging assault, battery, etc. by Newport Beach Police Officer on April 21, 1989 at Promontory Point. (i) Robert A. Rose alleging damage to vehicle as a result of being struck on October 7, 1989 at One Cherbourg by City street sweeper. (j) State Farm Insurance Company for Jake Finney alleging personal injuries on August 16, 1989, as a result of failure by City to maintain a public walkway at Alvarado and West Bay. (k) Nelly Van Oordt and Javier Van Oordt alleging personal injuries as a result of trip and fall in hole in street at West Balboa Boulevard and 14th Street on April 19, 1989. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Delores Larson for personal injuries, Orange County Superior Court, Case No. 562889. Claim was denied by City Council on June 13, 1988. Volume 43 - Page 436 omeroy State Farm Ins /Finney Oordt (36) Larson • I CITY OF NEWPORT BEACH 0 \6 A U°� October 30, 1989 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Three (3) Police Officers, Patrol Division. (b) One (1) Senior Equipment Mechanic, Equipment Maintenance Department. (c) One (1) Refuse Worker II, Refuse Division. (d) One (1) Maintenance Man II, Concrete Crew. (e) One (1) Executive Secretary, Building Department. (f) One (1) Associate Civil Engineer, Public Works- Traffic Engineering Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: MINUTES (66) (a) Report from Assistant City Attorney Ambulance recommending approval of an Sry /Schaef- agreement to terminate the contract er between the City and SCHAEFER'S (22) AMBULANCE SERVICE. (b) Report from City Attorney Hazardous recommending transmittal of a Wst Mgm letter to the Attorney General (41) supporting the League's position on the validity of General Plans which incorporate disapproved HAZARDOUS WASTE MANAGEMENT Plans. (c) Report from City Manager concerning O/C Cngstn CONGESTION MANAGEMENT PLAN FOR Mgm Plns ORANGE COUNTY. (54) For Council information and filing: (d) Report to the City Manager Planning regarding ACTIONS TAKEN BY THE Cmsn PLANNING COMMISSION ON OCTOBER 19, (68) 1989. 10. PUBLIC HEARING SCHEDULING: November 13, 1989 (a) USE PERMIT NO. 2005(AMENDED) - U/P 2005(A) Appeal of Balboa Coves Community Appeal Association from Planning (88) Commission decision on September 21, 1989. Volume 43 - Page 437 C L • 1' ,1 u CITY OF NEWPORT BEACH MINUTES W 0 GIN A � October 30, 1989 (b) USE PERMIT NO. 3321 (REVOCATION) - Report from the Planning Department regarding a recommendation of the Planning Commission on October 5, 1989, to consider the revocation of Use Permit No. 3321, for failure to comply with specific Conditions of Approval of said use permit, being a request of Nancy and Robert Clark (NEWPORT SOUND WAVES) to permit the establishment of a retail sales facility specializing in the sale and installation of automobile accessories and auto detailing on property located at 2906 West Coast Highway, on the northerly side of the highway between North Newport Boulevard and Riverside Avenue in Mariners Mile; zoned SP -5. (Report from Planning Department) (c) Removed from the Consent Calendar. (d) Refer to agenda items F- 1(a -d). (e) Refer to agenda item F -2(b). 11. SPECIAL EVENTS PERMITS - Uphold staff's recommendation to approve the following, subject to conditions listed in the staff reports (Report from Business License Supervisor): (a) APPLICATION N0. 89 -190 - Newport Harbor High School Fireworks for Homecoming Football game November 3, 1989. (b) APPLICATION NO. 89 -339 - Rick Cole Car Auction, November 24 - 26, 1989. 12. ARTS COMMISSION VACANCY - Accept with regret, resignation letter from Sara Blatterman, effective October 6, 1989; City Clerk directed to post notice and order thermoplaqued Certificate of Appreciation. 13. MISCELLANEOUS CONCRETE REPAIR IN CAMEO SHORES /ORANGE AND PROSPECT STREETS/ STREET END CONSTRUCTION /BROAD STREET BETWEEN WESTMINSTER AVENUE AND BOLSA AVENUE /CONTRACT NO. 2730 - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in Volume 43 - Page 438 U/P 3321(R) (88) Permits/ Spcl Evnts (65) Apli 89 -190 Apli 89 -339 Arts Cmsn (24) Cameo Shrs/ Orng /Prspct Msc Cncr Rpr C -2730 (38) E MEMBERS MINUTES +L� ' a A October 30, 1989 accordance with applicable portions of the Civil Code. (Report from Public Works Department) 14. TRACT NO. 12306 - Approve the improve- ment plans and specifications and accept the public improvements constructed in conjunction with Tract No. 12306; [Portions of Block 51 and 57, Irvine's subdivision, 4836 Jamboree Road and Camelback Street, in Area 5 of the North Ford Planned Community] authorize the City Clerk to release the Faithful Performance Bond (Bond No. 52410030); and release the Labor and Material Bond (Bond No. 52410030) in six months provided no claims have been filed. (Report from Public Works Department) 15. RESUBDIVISION NOS. 864 AND 865 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision Nos. 864 and 865; and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 35M 798 298 00) and Labor and Material Bond (Bond No. 35M 708 298 00) in six months provided no claims have been filed. (Report from Public Works Department) 16. Removed from the Consent Calendar. 17. WATER MAIN IMPROVEMENTS IN BACK BAY AND BAYSIDE DRIVES (CONTRACT NO. 2733) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 18. SITE PLAN REVIEW NO. 44 - Approve an agreement guaranteeing completion of the public improvements required with Site Plan Review No. 44; and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) Tract 12306 Resub 864/ 865 (84) Back Bay/ Baysd Dr Wtr Mn Impv C -2733 (38) Site Pln Rv 44 (84) 19. EMERGENCY PREPAREDNESS /CITIZENS ADVISORY Emergency COMMITTEE VACANCY - Accept memorandum Prep /CAC from Executive Assistant concerning Paul (24) Connally's resignation effective October 20, 1989; direct City Clerk to post vacancy notice. Volume 43 - Page 439 E on Ayes x 51111 i 15"1 1111"ItIlif MINUTES O �� A A � �� October 30, 1989 20. Removed from the Consent Calendar. 21 G BUDGET AMENDMENTS - For approval: BA -033, $8,150 - Increase in Budget Appropriations and Revenue Estimates concerning donations from the Friends of the Library for purchase of books, three bookcases and children's materials; Library Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department concerning proposed ORDINANCE NO. 89 -36, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO LOW- AND MODERATE- INCOME HOUSING WITHIN THE COASTAL ZONE [PLANNING COMMISSION AMENDMENT NO. 6901, presented for introduction and public hearing on November 13, 1989. Motion was made to add an Item (3) under the section "Exemptions" of the proposed ordinance stating that "the reconstruc- tion of any nonconforming building damaged by fire, earthquake or other calamity when a use permit is not required pursuant to Section 20.83.060," and to schedule public hearing on November 13, 1989, as recommended. 2. Report from Public Works regarding ENCROACHMENT AGREEMENT /WILLIAM T. PARKER - Recommending approval of application for construction and maintenance of private improvements within the Ocean Boulevard rights -of -way adjacent to 3619 Ocean Boulevard, Corona del Mar; subject to execution of an Encroachment Agreement for nonstandard improvements; authorize the Mayor and City Clerk to execute subject agreement (to be recorded); and an Encroachment Permit from the Public Works Department. Department. Volume 43 - Page 440 (25) Ord 89 -36 Zoning (94) PCA 690 Permit/ Encrchm Parker (65) Motion All Ayes L Motion All Ayes 0 LI X ' TO `�9y9AOO� 9A October 30, 1989 X Motion was made to approve the application, subject to the conditions listed in the staff report, with an additional condition requiring that "compatible landscaping be restored on the bluff immediately easterly, with irrigation, all subject to the satisfaction of the Parks, Beaches and Recreation Director." 3. Report from Public Works Department regarding ENCROACHMENT AGREEMENT /GEORGE BARFIELD - Recommending approval of application subject to execution of Encroachment Agreement for nonstandard improvements for construction and maintenance of private improvements within sewer easements located at 2001 Kings Road, Newport Heights; and authorize the Mayor and City Clerk to execute subject agreement and record. Motion was made to defer this item to November 27, 1989, as recommended by staff. MINUTES (65) t/ 4. Letter from Rick and Katie Richardson JBal B1 Trfc expressing disagreement with the Stdy findings of the recent BALBOA BOULEVARD TAC TRAFFIC STUDY, and request for (85) crosswalks and stop signs between 32nd Street and River Avenue. Rick Richardson, 206 39th Street, addressed the Council regarding his letter of request for crosswalks and stop signs between 32nd Street and River Avenue. He stated that he resides at the corner of Balboa Boulevard and 39th Street and has watched races originate from the 38th Street stop light. He felt that crosswalks are very visual and if placed at every intersection or even every other intersection, they would restrict speeding and would make Balboa Boulevard not a clear straight strip, but a street broken into sections. Mayor Pro Tem Plummer advised Mr. Richardson that the City Council will be receiving a report from the Traffic Affairs Committee from their October 19th meeting when this issue was discussed, and invited Mr. Richardson to come back before the Council when that report is considered. Volume 43 - Page 441 COUNCIL MEMBERS G92 �O 9 October 30, 1989 Motion 'All Ayes Motion All Ayes x In view of the foregoing, motion was made to refer the subject letter to the Traffic Affairs Committee for response with a copy of said response to each Council Member. 5. Report from the Planning Department concerning public hearing scheduling on November 13, 1989 for GENERAL PLAN AMENDMENT NO. 89 -2(K) - Request of BALBOA YACHT CLUB, Corona del Mar, to amend the Land Use Element of the Newport Beach General Plan for the Bayside Drive Open Space area in order to allow construction of a 3,740 sq. ft. addition to the Balboa Yacht Club; and LOCAL COASTAL PROGRAM AMENDMENT NO. 22 - Request of BALBOA YACHT CLUB, Corona del Mar, to amend the Local Coastal Program Land Use Plan for the Bayside Drive Open Space area in order to allow the construction of a 3,740 sq. ft. addition to the Balboa Yacht Club. Property located at 1801 Bayside Drive, on the southwesterly side of Bayside Drive, southwesterly of El Paseo Drive; zoned 0 -S. Lee Riley, representing the Balboa Yacht Club, addressed the Council in support of the recommendation to schedule the subject item on November 13, 1989. He stated that due to the heavy agenda for that date he thought the Council may wish to defer his item to the November 27 meeting, which would create a hardship on the applicant. Motion was made to schedule public hearing on the above matter for November 13, 1989, as recommended. GPA 89 -2(K) Bal Ycht Clb (45)! i Report from Public Works /Traffic Park Engineering regarding parking on Rstr Riverside Avenue, and report from Rive Traffic Affairs Committee regarding (63) parking restrictions in the vicinity of Newport Harbor High School. David Purves, Quality One -Hour Photo, 149 Riverside Avenue, addressed the Council regarding the proposal to establish a two -hour parking limit on a portion of Riverside Avenue between the hours of 8:00 a.m., and 1:00 p.m., Volume 43 - Page 442 04 Motion All Ayes Motion All Ayes Motion All Ayes r® 00 October 30, 1989 x x X MINUTES except on Saturdays, Sundays and Holidays. He stated that he was in favor of the proposed resolution, but would recommend a three- hour.rather than a two -hour time limit, as he felt it would help those individuals who work part -time in the area. He also suggested the three -hour parking limit be restricted to a maximum of four or five parking spaces, which would then leave an additional seven parking spaces for all -day use. In view of the foregoing suggestion, motion was made to refer the proposal regarding three -hour parking on Riverside Avenue back to the Traffic Affairs Committee for recommendation, and to adopt Resolution No. 89 -118, MODIFYING THE EXISTING PARKING RESTRICTIONS ON CERTAIN STREETS in the vicinity of Newport Harbor High School and rescinding Resolution Nos. 84 -119, 88 -15, and 89 -109. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89 -29, being, 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 PORTION OF AVON AVENUE WESTERLY OF RIVERSIDE AVENUE FOR ANGLE PARKING, presented for second reading with recycled report dated October 9, 1989 from Public Works Department. Motion was made to adopt Ordinance No. 89 -29. 2. Proposed ORDINANCE NO. 89 -30, being, Res 89 -118 Ord 89 -29 Traffic/ Angle Pkg (85) Ord 89 -30 AN ORDINANCE OF THE CITY COUNCIL OF jPrsnI THE CITY OF NEWPORT BEACH REPEALING (31) SECTION 2.12.120 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DUTIES OF POLICE, MARINE AND FIRE DEPARTMENTS IN CASE OF DISTRESS, presented for second reading with recycled report dated October 2, 1989, from City Attorney. Motion was made to adopt Ordinance No. 89 -30. Volume 43 - Page 443 Motion All Ayes r� �J MINUTES \9y9��0 GIN A October 30, 1989 x I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from the City Manager regarding MEMORANDUM OF UNDERSTANDING /BALBOA BAY CLUB. 25 Letters from interested citizens soliciting the support of the City Council to enter a new 50 -year lease. The City Clerk advised that after the agenda was printed, an additional seven (7) letters were received in support of the Council entering into a new 50 -year lease with the Balboa Bay Club. The City Manager recommended this item be continued as requested by William Ray, Chairman of the Balboa Bay Club. Motion was made to defer action on this matter to November 27, 1989. Meeting adjourned at 10:50 p.m. The agenda for this meeting was posted on October 26, 1989, at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. i Volume 43 - Page 444 Bal Bay Clb M -O -U C -519 (38)