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HomeMy WebLinkAbout04/23/1990 - Regular Meetingi Present I x I x Absent Motion Ayes x x Abstained Motion All Ayes E • x Ix x x x x x Ix x Ix X MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: April 23, 1990 Mayor Plummer presented the following Proclamations: NATIONAL LIBRARY WEEK [APRIL 22 - 28, 1990). ARBOR DAY [APRIL 27, 19901. AMERICAN BOME WEEK (APRIL 29 - MAY 5, 1990). PROFESSIONAL SECRETARIES WEEK (APRIL 23 - 27, 1990). A. ROLL CALL. B. Reading of Minutes of Meeting of April 9, 1990, 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 Plummer opened the public hearing regarding TRAFFIC STUDY NO. 63 - A request of Regis Contractors to approve a Traffic Study so as to permit the construction of 90 dwelling units on property located in Area 2 of the Villa Point Planned Community; and the acceptance of an Environmental Impact Report; AND PLANNING COMMISSION AMENDMENT NO. 705 - Request to amend the Villa Point Planned Community Development Plan so as to reclassify property located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community, from Office/Visitor Serving Commercial" to "Multi - Family Residential" and to establish 90 dwelling units as the maximum allowable number of dwelling units permitted in Area 2; AND illa Pt ?CA 705 (94) TENTATIVE MAP OF TRACT NO. 14055 - Request TMpTr 14055 to subdivide two existing parcels of land containing 9.3+ acres, into a single lot for a 90 unit residential condominium development; AND Volume 44 - Page 123 0 • CITY OF NEWPORT BEACH MINUTES 23, 1990 COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the construction of a 90 unit residential condominium development on property located in the Villa Point Planned Community. Report from the Planning Department. The City Manager, with the assistance of Pat Temple, Principal Planner, illustrated the Villa Point project on the wall map bordered by Pacific Coast Highway, Jamboree, and Back Bay Drive, and commented as follows: On March 8, the Planning Commission considered the project and those in attendance voted to recommend approval of the project, with modification to two primary issues, i.e., affordable housing conditions and the landscape program. In this second phase there are 90 rental units; the first phase had 138 units, which is adjacent to this project; and together there are 228 units which is permitted in the City's General Plan. The Traffic Phasing Ordinance (TPO) analysis was conducted on this project, and one intersection was found to be impacted by 18 or more; therefore an Intersection Capacity Utilization (ICU) study was done at the intersection of Jamboree and Santa Barbara Drive, and it was found that the ICU was .70, which is well below the standard of the TPO. The Park Dedication Requirements for this project are being satisfied by the credits granted the to The Irvine Company by the Big Canyon dedication a number of years ago, and there are still 2.33 acres of credit available in that Big Canyon acceptance by the City. The requirement of the 90 units would be one acre dedication, and they are proposing to apply that to the 2.33 acres of credit available at Big Canyon, which will leave them 1.33 for future consideration. The Planning Commission recommended that 18 affordable units for 20 years be Volume 44 - Page 124 D Permit 7 lla Pt L • CITY OF NEWPORT BEACH MINUTES April 23, 1990 provided off -site in the Baywood PCA 705 Apartment project, which is 208 of Villa Pt the proposed development. The staff has suggested a modification regarding affordable housing, since this was approved by the Planning Commission on March 8, and Condition No. 2 to section E. Coastal Residential Development Permit No. 17 (Exhibit "A," page 18) has been modified to be consistent with the paragraph on page 3 of the staff report as follows: 112. The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on family size (using Health and Safety Code: Section 50093 income standards) at Election 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. The City shall support The Irvine Comnanv's request for the OCHA 108 rent: exception." In response to Council inquiry, the Public Works Director illustrated on the wall map, the triangular area at the intersection of Jamboree Road and Pacific Coast Highway, and provided the following explanation concerning landscaping and moving the proposed :sound attenuation wall: The intent of the previously recommended condition of approval by the Planning Commission was to reduce the elevation of some of the higher mounded dirt in this area to improve the sight distance from west bound Coast Highway over to the Upper Bay area, so that more of the bluffs along Dover Shores would be visible. The project plans are to provide landscaping in this triangular area, as well as a sound wall to attenuate sounds from the high traffic volumes on both the Pacific Coast Highway and Jamboree Road. The Planning Commission did require the condition that the landscaping and the grading on this triangular parcel at the corner go back to the Planning Commission for review (Condition No. 15). Relocating the wall and designing the landscaping must be Volume 44 - Page 125 • 0 0 MEMBERS CITY OF NEWPORT BEACH MINUTES April 23, 1990 done in such a way so as to not PCA 705 interfere with the view corridor from Villa Pt west bound Pacific Coast Highway and the 30 foot wide sewer easement located on the alignment of the Sanitation District trunk sewer. Also, there was once a service station on this site, and there has been contamination of the ground underneath. Mobil Oil Corporation is required to place some cleanup facilities on this site (25' x 25') but the problem of siting those tanks and pumps is somewhat difficult. In conclusion, it was suggested that a site plan be developed that would show the grading, the wall, the landscaping and the clean up facilities to satisfy the requirements, and if necessary, some additional language can be incorporated in Condition No. 15. Dave Dmohowski, representing The Irvine Company, addressed the Council, stating that they have reviewed the staff report and the recommended conditions of approval, and are in agreement. However, he stated that he wanted to clarify two issues, i.e., the landscaping at the corner, as well as the affordable housing modification. Although they are in agreement with the changes in the affordable housing condition, he commented on the rent schedule that would have to be approved by the Orange. County Housing Authority (OCHA). He added that in the event the alternative rent schedule is not approved by the OCHA, The Irvine Company may have to bring this issue back to the Council for possible clarification. With respect to the landscape treatment, he pointed out that their landscape architect and site planners have reviewed the proposed corner treatment in view oi: the comments and discussion that occurred at the Planning Commission meeting, and they are prepared to move the whole landscape design back a minimum of 30' from the corner of the intersection. In addition, he commented that it might not be possible to change the dimensions or location of the gasoline monitoring station, which they understand will be in place for approximately two to five years, but this is viewed as a temporary condition. Volume 44 - Page 126 :7 • • CITY OF NEWPORT BEACH MINUTES April 23, 1990 In answer to Council inquiry regarding the PCA 705 proposed landscaping and watering Villa Pt maintenance, Mr. Dmohowski commented that the long -term maintenance and limitations on water supply have been taken into account. He added that this particular landscape program does emphasize pines and other types of larger scale foliage which is more drought tolerant, and at the suggestion of Mayor Pro Tem Sansone, stated that The Irvine Company would be glad to work out some type of arrangement with the Newport Beach Country Club for the use of reclaimed water. Mr. Dmohowski stated that they are not opposed to going back to the Planning Commission for review of the proposed landscaping changes, but it would be important to The Irvine Company to get some type of "approval in concept" at this time for the subject project, so that they can file an application with the Coastal Commission. He added that any changes that might result from further Planning Commission or City Council review could be incorporated into the project at a later time. David McMahan, Project Manager for Regis Contractors, addressed the Council in response to the clean up of the Mobil Oil Company, stating that the 25' x 25' area that is required for the clean up facility will be housing equipment that could be as high as four to six feet. The Public Works Director presented, for Council consideration, some additional language for Condition No. 15, as follows: "It is the intent of this condition that the landscaping and grading design and wall relocation be configured to provide maximum public views from Coast Highway." Barbara Tappan, 1007 Dolphin Terrace, addressed the Council regarding the EIR and Traffic Study, stating that her home is subject to additional noise and traffic from the proposed project, as she lives in the second house down from the triangular tip at the intersection of Pacific Coast Highway and Jamboree. She stated the statistics indicate that there is going to be more noise, more stop and go at the intersection, and more cars because of the expansion by CalTrans, and she is requesting that a wall be continued around the corner for at least two houses to mitigate the noise. Volume 44 - Page 127 • • CITY OF NEWPORT BEACH MINUTES April 23, 1990 Pat Temple, Senior Planner, upon Council PCA 705 invitation, presented the following Villa Pt information in response to Ms. Tappan's concerns: The reference by Ms. Tappan to page 4 -3 of the Traffic Study represents ICU traffic service levels at intersections, and this particular project does not raise the ICU at the intersection of Coast Highway and Jamboree. The improvement project at this intersection is not complete and most of the traffic lanes are temporary and substantially closer to the curbs than they will be in the ultimate configuration, and in fact, the cars are much closer to Ms. Tappan's home than they were before. As indicated in the Traffic Study, the project itself adds very little traffic to the intersection, and the project in itself is not causing the noise impact. At some point in time, after the intersection improvement is completed, the Council might want to look at this particular side of Irvine Terrace for some additional study. Based on all the information and substantiating technical studies in the EIR, this project is not causing an adverse noise impact onto the adjacent neighborhood. At the concurrence of Council Member Turner and Mayor Pro Tem Sansone, it was suggested that this particular location be studied after the completion of the improvements, and the results brought back to the Council. However, the study should be independent of the subject project, as there is no ICU impact related to the Villa Point Planned Community Project. It was added that the improvement project at Coast Highway is a CalTrans project, administered by the City. Linda Buckley, 1001 Dolphin Terrace, addressed the Council, stating she, too, lives near the corner of Coast Highway and Jamboree, and that a noise wall was built for her home, as the noise level had been exceeded at that point in time. After it was determined that no one else wished to speak to this project, the public hearing was closed. The Public Works Director suggested additional clarifying language for Condition No. 15, which is being incorporated in the final Conditions. Volume 44 - Page 128 Motion • :7 x CITY OF NEWPORT BEACH MINUTES 23, 1990 Motion was made to approve the project as recommended by the Planning Commission and (a) Adopt Resolution No. 90 -34, accepting, approving and certifying Final Environmental Impact Report No. 146; (b) Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) 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; (d) 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, and 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; (e) Adopt Resolution No. 90 -35, approving an amendment to the Villa Point Planned Community District Regulations and Development Plan, with the changes recommended by the Planning Commission; (f) Approve Tentative Map of Tract No. 14055 with the findings and subject to the conditions suggested by the Planning Commission; Volume 44 - Page 129 705 a Pt 90 -34 Res 90 -35 • CITY OF NEWPORT BEACH MINUTES April 23, 1990 (g) Sustain the action of the PCA 705 Planning Commission and approve Villa Pt Traffic Study No. 63 and Coastal Residential Development Permit No. 17; and (h) Approve modification to Condition No. 2, Page 3 of staff report: "The affordable units provided shall be affordable to moderate income families if the units are for sale; or to low income families based on family size (using Health and Safety Code Section 50093 income standards) at Section 8 fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. Preference shall be given to Section 8 certificate or voucher holders. The City shall support The Irvine Company's reauest for the OCHA 108 _-rent xcention•" And additional language to Condition No. 15 of the Environmental Impact Report No. 146, as follows: "It is the intent of this condition that the landscaping and grading design and wall relocation be configured to provide maximum public views from the Coast Hi hg way. The wall shall be located as near to the southwesterly line of the sewer easement as is Practical. consistent with the need to provide for the necessary gasoline clean up facilities on the site." Volume 44 - Page 130 Motion Ayes Noes x Ayes x Noes is is x x CITY OF NEWPORT BEACH x x X x x x x MINUTES 23, 1990 Council Member Watt made a substitute motion with all of the above, except that four (4) units (at the southwest corner) be eliminated or repositioned, so as to accommodate the placement of a noise wall the furthest northeast toward the garage locations, and thus enhance the view and accommodate the clean up and the internal open space. Dave Dmohowski, upon invitation by the Council, approached the podium and stated that The Irvine Company would be opposed to the foregoing motion, as eliminating any further units would have a significant impact on the project, and the intended result would give no real benefit to the view of the Bluffs through the Bay. After further discussion, the substitute motion made by Council Member Watt was voted on, resulting in a tie -vote, and therefore, the motion FAILED. The motion made by Council Member Turner was voted on and carried. Mayor Plummer advised that a representative from the California Department of Forestry was in the audience, and presented the City with a special "Tree City" flag, and a Plaque: ".... the Division of Forestry for the State of California and National Arbor Day Foundation proclaims that the City of Newport Beach is recognized for their dedication and pioneering spirit to the better management of their City forests.... meeting the minimum standards of having a legally constituted 'Tree Board,' or Department, a community tree ordinance, a comprehensive community forestry program supported by a minimum $2 per capita, and an Arbor Day Proclamation and public tree planting ceremony, and having met these four standards the City can take its place of honor as the fourth City in Orange County to proudly fly a banner as a 'TREE CITY, U.S.A.'" Mayor Plummer opened the public hearing regarding GENERAL PLAN AMENDMENT NO. 89- 2(D) -'A request of Todd Schooler and Steve McCluer, to amend the Land Use Element of the General Plan so as to change the land designation of 1900 West Balboa Boulevard, on the northeasterly corner of 19th Street and West Balboa Boulevard, in Cannery Village/McFadden Square Specific Plan from "Retail and Service Commercial" to "Multi - Family Residential;" and the acceptance of an Environmental Document; AND Volume 44 - Page 131 PCA 705 Villa Pt "Tree City U.S.A." GPA 89 -2(D) 45/94 COUNCIL A 0 • • CITY OF NEWPORT BEACH MINUTES April 23, 1990 LOCAL COASTAL PROGRAM AMENDMENT NO. 18 - LCP Amnd #18 Request to amend the Local Coastal Program Land Use Plan so as to change the land use designation from "Retail and Service Commercial" to "Multi - Family Residential;" AND Proposed ORDINANCE NO. 90 -17, being, Ord 90 -17 Zoning AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 SO AS TO RECLASSIFY THE PROPERTY LOCATED AT 1900 WEST BALBOA BOULEVARD ON THE NORTHEASTERLY CORNER OF 19TH STREET AND WEST BALBOA BOULEVARD, FROM THE SP -6 DISTRICT TO THE SP -6 (MFR) SPR DISTRICT AND TO ESTABLISH ON THE DISTRICTING MAP, 5 FOOT FRONT YARD SETBACKS ON BOTH THE 19TH STREET AND WEST BALBOA BOULEVARD FRONTAGES [PLANNING COMMISSION AMENDMENT NO. PCA 688 688]; AND SITE PLAN REVIEW NO. 55 - Request to approve a site plan review so as to permit the construction of a five unit residential condominium development and related garages, located on property to be rezoned to the SP -6 (MFR) SPR DISTRICT; AND TENTATIVE MAP OF TRACT NO. 14120 - Request TMpT 14120 to subdivide two existing lots into a single lot for a five unit residential condominium development and related garages, located on property to be rezoned to the SP -6 (MFR) SPR District. Report from the Planning Department. The City Manager summarized the action taken by the Planning Commission on March 8, stating they approved GPA 89 -2(D); LCP Amendment No. 18, and proposed Ordinance No. 90 -17 (PCA 688) by a 5 - 1 vote; adding that on Site Plan Review No. 55 and the Tentative Map of Tract No. 14120, (showing the method which the area would be subdivided) they tied on a three to three vote, and made no conclusive decision with respect to recommendations, but following the failure on the tie vote, they unanimously voted to recommend the subject items to the City Council. Some of the Planning Commissioners expressed that the tie vote was the result of the size, shape and limited access to the property which made the site unsuitable for as many as five residential condominium units. He advised that this is a five -unit residential condominium project; there are two lots on which currently a small restaurant is located and will be torn down and removed, and the General Plan changes Volume 44 - Page 132 L • • CITY OF NEWPORT BEACH MINUTES 23, 1990 the area from retail - service commercial to JGPA 89 -2(D) multiple - family residential. In conclusion, he stated it does meet all off - street parking requirements and height requirements of the new HER Zoning. Todd Schooler, 500 N. Newport Boulevard, Architect for the project, addressed the Council with regard to Condition No. 6 of "E. Tentative May of Tract No. 14120," stating that initially, the Public Works Department did not quite understand what was going in the front yard along Balboa Boulevard, and this Condition can be shortened to say that "nothing will be higher than 2' high in the front yard setback along Balboa Boulevard." In response to the foregoing, and Council comments, the Public Works Director stated that Condition No. 6 could read: "That the intersection of 19th Street and the driveway be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping and walls within the sight line shall not exceed twenty -four inches in height." Mr. Schooler continued that this project is unique; one of the first HER projects on the Peninsula; and he feels that it is well designed and meets all of the intent of the HER Zoning. He added that this project is compatible with existing projects on 19th Street in height and size, and hopes that the Council will approve the project. In answer to Council inquiry, Mr. Schooler stated that they would be putting in new curbs, gutters and 9.foot 6 inch sidewalks on Balboa Boulevard, and 5 foot wide sidewalks on 19th Street. Jack Hardy, 1828 W. Balboa Boulevard, addressed the Council, stating that this area is commercial, but behind it is residential, citing traffic impaction from more people, and that this was not the intent of downzoning. He did not feel that the City should be changing zones just because of the design of the building. Tom Hyans, 217 19th Street, addressed the Council stating that he is here to complain about this project and read a prepared statement for the record, which reads, in part,... "the proposed subdivision of this property will permit a residential density grossly in excess of that existing or Volume 44 - Page 133 • is • MEMBERS CITY OF NEWPORT BEACH 1:d1H *1 April 23, 1990 permissible by the new General Plan GPA 89 -2(D) Amendments.... that this project is inappropriate for the neighborhood, particularly as there are lots on the block which will now, or in the future support only one residential unit as a result of the new zoning ... We believe two separate buildings with airspace between, fronting on 19th Street is appropriately suited to the character of the neighborhood." Paul Driscoll, 207 19th Street, addressed the Coucil, stating he was concerned about the developer putting in a chain -link fence up against the existing trees behind his property, and the lack of turn - around space for cars. Pat Hilfka, 1825 Vilelle Place, addressed the Council, stating that her units were built by Todd Schooler, who designs beautiful buildings. She commented her concern is the number of units and related traffic and parking problems from the proposed project, adding that as 19th Street is one -way, cars must turn in at 18th Street, and that means cars from the proposed project are going to come down Vilelle Place before turning into their respective driveways. Todd Schooler, Architect, addressed Mr. Driscoll's concern about the trees, stating that the trees are not within the proposed project's property; and the units will not be sold as rental units, but owner- occupied, as they will not be financially feasible to rent. With regard to Ms. Hilfka's concern, he stated that currently on 19th Street there is parking area along the frontage of the proposed development, and garages will be there exiting onto 19th Street. Also, he advised they will be providing three guest spaces on -site for the property. Mr. Schooler addressed the density of the property, stating that during the Planning Commission hearings on the MFR all the lots were investigated and it was found that the majority of the lots were around 2500 sq. ft. that had duplexes and the ones that were larger were approximately one unit per 1200 sq. ft. He added that the amount of land in the proposed development amounts to 5 -1/2 units. The public hearing was closed, after it was determined that no one else wished to speak to this issue. Volume 44 - Page 134 COUNCIL �� S\� Motion C Motion • • MEMBERS x CITY OF NEWPORT BEACH x MINUTES 23, 1990 Discussion ensued, wherein Council Member GPA 89 -2(D) Strauss commented that he could not support the project with regard to the density, and bulk; therefore, motion was made to deny the project subject to the Findings for Denial on page 5 of the staff report. Substitute motion was made by Council Member Hart to approve the project, subject to certain conditions, as follows: The project be scaled down to a total of four (4) units, add language to Condition No. 6 on 'handwritten' page 35-- Landscaping and walls within the sight line shall not exceed twenty -four inches in height above ton of curb elevation; that Park In -Lieu Fees be paid; condition the project to have a 6 foot sidewalk on 19th Street due the fact that it is a heavily used street by pedestrians; and add some patios and green area to make the project look more family - unit residential. Discussion ensued, wherein the Planning Director suggested that if it is the desire of the City Council to approve the residential designation for this property, the General Plan should be changed, zoning be established and amend the Land Use Plan to establish a residential designation MFR, and allow 1800 sq. ft. per dwelling unit, for the four dwelling units on the site; deny the Tentative Map of Tract No. 14028 and Site Plan Review No. 55, and require the developer to come back with a new tentative map and a new site plan to the Planning Commission. The City Attorney advised that there is a proposed ordinance with this project that would have to be amended and the ordinance could be introduced tonight for first reading, and pass to second reading on May 14. He added that the Council could amend the General Plan to designate the site as residential, and with the reduction from five units to four, Mr. Schooler has the option of bringing back a parcel map to the Planning Commission, rather than a tentative tract map, and this would eliminate further review by the City Council. Discussion ensued, wherein Todd Schooler, Architect, addressed the Council stating that he would be agreeable to four units if he could be assured that he could get the project approved. Volume 44 - Page 135 MEMBERS Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES April 23, 1990 The City Attorney advised that the GPA 89 -2(D) following would occur: The ordinance would be introduced tonight with a first reading with an MFR SPR 1600 designation, with second reading and adoption on May 14. The Planning Commission will have a more limited ability to reject the proposed project and they cannot reject it based on the number of units, but could reject it based on some other findings, i.e. subdivision map. The parcel map and site plan review would be all that is required to go back to the Planning Commission for ' review. Council Member Hart withdrew her substitute motion in the foregoing. Discussion ensued, wherein, Council Member Hart made a new substitute motion, as follows: (a) 1. Adopt Resolution No. 90- Res 90 -36 36, adopting General Plan Amendment No. 89- 2(D), and accepting the Environmental Document; 2. Adopt Resolution No. 90- Res 90 -37 37, approving an amendment to the Local Coastal Program Land Use Plan so as to change the land use designation of the property located at 1900 West Balboa Boulevard from "Retail and Service Commercial" to "Multi - Family Residential;" 3. Introduce proposed JOrd 90 -17 ORDINANCE NO. 90 -17; lIntroduced pass to second reading on Nay 14, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING NAP NO. 9 SO AS TO RECLASSIFY THE PROPERTY LOCATED . AT 1900 WEST BAL.BOA BOULEVARD, THE NORTH WESTERLY CORNER OF 19TH STREET AND WEST BAL.BOA BOULEVARD, Volume 44 - Page 136 CITY OF NEWPORT BEACH April 23, 1990 • :7 3 • MINUTES FROM THE SP6 DISTRICT TO GPA 89 -2(D) THE SP6 -MFR (1600) SPR DISTRICT AND TO ESTABLISH ON THE DISTRICTING MAP, 5 FOOT FRONT YARD SETBACKS ON BOTH THE 19TH STREET AND WEST BALBOA BOULEVARD FRONTAGES [PLANNING COMMISSION AMENDMENT NO. 688]; rizu The project be scaled down to a total of four (4) units, add language to Condition No. 6 on 'handwritten' page 35 -- "Landscaping and walls within the sight line shall not exceed twenty -four inches in heieht above too of curb elevation ;" that Park In -Lieu Fees be paid; condition the project to have a 6 foot sidewalk on 19th Street due to the fact that it is a heavily used street by pedestrians; add some patios and green area to make the project look more family -unit residential. Mayor Plummer opened the Public hearing Ord 90 -16 regarding Proposed ORDINANCE NO. 90 -16, Zoning being, 1(94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REGULATE TRANSFERS OF DEVELOPMENT RIGHTS IN NONRESIDENTIAL AREAS [PLANNING COMMISSION AMENDMENT NO. 7031. Report from the Planning Department. The City Manager explained that the General Plan the City adopted in October, 1988, provided for the ability to transfer development rights, subject to provisions of the Municipal Code. He added that as there were no provisions the proposed ordinance is being presented to be consistent with the requirement of the General Plan. He advised that a use permit is necessary for the transfer of development rights, subject to "J. Required Findings" a -L, listed in the proposed ordinance. Volume 44 - Page 137 PCA 703 Re on Ayes • • x CITY OF NEWPORT BEACH MINUTES April 23, 1990 The public hearing was closed after it was determined that no one wished to address this issue. Motion was made to adopt Ordinance No. 90- 16, amending Title 20 of the Newport Beach Municipal Code so as to regulate transfers of development rights in nonresidential areas. Mayor Plummer opened the Public hearing CDBG Funds/ regarding PROPOSED "STATEMENT OF COMMUNITY FY'90 -91 DEVELOPMENT OBJECTIVES AND PROPOSED USE OF (87) FUNDS" FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, FISCAL YEAR 1990/91. Report from the Planning Department. Craig Bluell, Senior Planner, addressed the Council, stating that this year the City of Newport Beach has been given $402,000 in Community Development Block Grant Funds. He advised that Staff has reviewed the applications that were directed to the City by the various social service agencies, who have requested funds totaling $96,000. Colleen Chapman, 16541 Gothard, Suite 105, Huntington Beach, representing Center for Creative Alternatives, (located in the Rea Center in Costa Mesa) addressed the Council with a background of some of the services that they provide to Newport Beach, which include presentation to students on the school campuses in the Newport -Mesa District on drug and alcohol use prevention; suicidal issues; self - esteem; stress management; and at the elementary schools these same types of issues at their level of understanding; kindergarten thru third grade presentation of "Babes," which is a drug and alcohol prevention program with followup sessions to provide for crises intervention counseling. She added that their organization requested an increase for funds to expand their services to provide counseling individuals with domestic violence and drug abuse problems, and thus prevent the homeless issue that each community must deal with. Upon hearing no one else wishing to address the Council, the public hearing was closed. At Council's invitation, Craig Bluell explained that the City has a limitation of $60,300 available to divide among the requests for social services, and to change any of the allocations would require Volume 44 - Page 138 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL April 23, 1990 W141 *1 VAWA? adjustments in other programs. He advised CDBG Funds that the City has been experiencing some reductions in CDBG funds; approximately 6% annually. He added that the Center for • Creative Alternatives was a new program last year, and that certain priorities are given to programs that document direct services to the City of Newport Beach residents. Motion X Motion was made to adopt Resolution No. 90- Res 90 -38 All Ayes 38, authorizing the City Manager to submit the Final Statement, all understandings and assurances contained therein, in order to apply for a HUD 1990 -91 COMMUNITY DEVELOPMENT BLOCK GRANT; to act as the official representative of the City in connection with the submission; and to sign contracts with appropriate subagents to carry out programs in the approved budget. 5. Mayor Plummer opened the public hearing Yellow Cab regarding request of YELLOW CAB OF NEWPORT Newport BEACH, 17300 Mt. Herrmann Street, Fountain (86) Valley, for increase in the number of vehicles operated in Newport Beach, pursuant to Newport Beach Municipal Code Section 5.12.090. • Report from Business License Supervisor. The City Manager reported that the subject cab company has 12 authorized taxicabs within the City, and they have 86 cabs that at any one time could be rotated for use; but they are willing to pay $45 per year for each of the 86 cabs, realizing that sometime during the year one of these cabs will be in Newport Beach. He advised that the cabs checked by the City's Police Department are given a sticker to show that the cab meets requirements, and technically this would authorize Yellow Cab of Newport Beach 86 cabs, even though they might have only 12 actively operating in the City at any one time. Bill Craig, Manager of taxicab operations in Newport Beach, 1700 Mt. Herrmann, Fountain Valley, addressed the Council stating that Yellow Cab of Newport Beach has requested 100 taxicabs instead of 86. The City Manager advised that there are 14 • taxicabs that did not pass inspection. Hearing no one else wishing to address this issue, the public hearing was closed. Volume 44 - Page 139 C Motion All Ayes Motion All Ayes • • x CITY OF NEWPORT BEACH x MINUTES April 23, 1990 Motion was made to approve 86 as the number of vehicles operated in Newport Beach by Yellow Cab of Newport Beach. IE. PUBLIC COMMENTS: None. IF. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 11. ORDINANCES FOR INTRODUCTION: Pass to second reading on May 14, 1990 (a) Proposed ORDINANCE NO. 90 -21, being, Ord 90 -21 Utilities/ AN ORDINANCE OF THE CITY Basic Wtr COUNCIL OF THE CITY OF NEWPORT Qty Rt BEACH AMENDING NEWPORT BEACH (89) MUNICIPAL CODE SECTION 14.12.090, AND SETTING THE BASIC WATER QUANTITY RATE AT PCA 694 $1.05 PER HUNDRED CUBIC FEET. (Report from Utilities PCA 704 Director) Schedule public hearing on May 14, 1990 (b) Proposed ORDINANCE NO. 90 -22, being, Ord 90 -22 Zoning AN ORDINANCE OF THE CITY (94) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT APPLIES TO NONCONFORMING USES AND STRUCTURES. [PLANNING PCA 694 COMMISSION AMENDMENT NO. 694]. (Report from Planning PCA 704 Department) (c) Proposed ORDINANCE NO. 90 -23, being, Ord 90 -23 Zoning AN ORDINANCE OF THE CITY (94) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE WHICH REFINES LANGUAGE SPECIFYING DENSITY STANDARDS IN THE Mn DISTRICT [PLANNING COMMISSION AMENDMENT NO. 704]. PCA 704 (Report from Planning Department) Volume 44 - Page 140 ICIL *X CITY OF NEWPORT BEACH April 23, 1990 MINUTES (d) Proposed ORDINANCE NO. 90 -24, being, Ord 90 -24 Zoning AN ORDINANCE OF THE CITY (94) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING MAPS • 2, 3, 6, 9, 11, 12, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 32, 37, 46, 50, 52, AND A PORTION OF THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN (SP -6) TO RECLASSIFY SPECIFIC LOTS CITYWIDE FROM THEIR CURRENT ZONES OF C -O -H, C -1 -H, U, R -2, R -3, AND R -4 TO MFR TO MAKE THE ZONING CONFORM WITH THE GENERAL PLAN LAND USE ELEMENT AMENDMENTS APPROVED ON OCTOBER 24, 1988 [PLANNING COMMISSION PCA 698 AMENDMENT NO. 698]. (Report from the Planning Department) (e) Proposed ORDINANCE NO. 90 -25, being, Ord 90 -25 Zoning AN ORDINANCE OF THE CITY (94) COUNCIL OF THE CITY OF NEWPORT BEACH TO CONSIDER REVISIONS TO TITLE 15 AND TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO REPORT OF • RESIDENTIAL BUILDING RECORDS [PLANNING COMMISSION AMENDMENT PCA 706 NO. 706]. (Report from Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 90 -39 regarding the Weed Abet SUMMER 1990 WEED ABATEMENT PROGRAM, 1990 and setting public hearing for Res 90 -39 May 14, 1990. (Report from Fire (41) Chief) (b) Resolution No. 90 -40 declaring the pW /Vacatn CITY'S INTENTION TO VACATE A PORTION Abend Swr OF AN EASEMENT FOR SEWER AND PUBLIC Esm /1504 6 UTILITY PURPOSES, located at 1504 and 1508 Bal 1508 Balboa Avenue, Little Balboa Av Island; accepting a map showing Res 90 -40 easement to be vacated; and' (90) setting May 29, 1990, as the date for the public hearing concerning the intended vacation. (Report from the Public Works Department) (c) Resolution No. 90 -41 establishing the Bus Lic/ • FEES FOR KENNEL PERMIT. (Report from Kennel Fee Business License Supervisor) Res 90 -41 (40) Volume 44 - Page 141 • • is CITY OF NEWPORT BEACH MINUTES 23, 1990 13. CONTRACTS /AGREEMENTS: (a) Authorize the City to be a co- 0/C Ntl permittee on the application for the Pollutant ORANGE COUNTY NATIONAL POLLUTANT Dschg Elim DISCHARGE ELIMINATION SYSTEM (NPDES) SyS(NPDES) FOR URBAN STORNWATER RUNOFF permit; Urban Strm authorize the Director of Public Runoff /Jt Works to sign the application and Agm permit on behalf of the City; and C -2814 authorize the Mayor and City Clerk to (38) execute the JOINT AGREEMENT FOR IMPLEMENTATION OF NPDES PERMIT in a form to be approved by the City Attorney. (Report from Public Works Department) (b) Approve revision to NEWPORT HARBOR Npt Harbor ANIMAL HOSPITAL AGREEMENT (CONTRACT Animal Hosp NO. 2116); and authorize Mayor and Agm /Revsn City Clerk to execute subject C -2116 revision. (Report from Business (38) License Supervisor) 14. COMMUNICATIONS - For referral as indicated: (a) To City Attorney for response, letter City Atty from Kathy Jones concerning (31) questionable material sold in NEWSPAPER STANDS in the vicinity of the Post Office on Riverside Drive. (b) To General Services Director for reply, letter from Tim Sullivan, student at Corona del Mar High School, expressing interest in participating in the City's RECYCLING PROGRAM and the need for recycling centers. (c) To Building Director for reply, letter from Villa Balboa Community Association Board of Directors concerning excessive noise from Hoag Hospital, and possible violation of the City's MUNICIPAL CODE REGULATIONS concerning construction noise, with reply from Building Director. (d) To Public Works Department for response, statement with signatures of homeowners and residents "Against the Gifting of Public Beach Property to Ocean Front Property Owners," circulated by Mr. and Mrs. Waymon B. Martin with their clipping and suggestions regarding OCEAN FRONT ENCROACHMENTS, and letter from Mary M. and Frank C. Kessler. Volume 44 - Page 142 (44) (26) (74) Cd Begs LL • • CITY OF NEWPORT BEACH MINUTES April 23, 1990 (e) To Public Works Department for response, letter from Balboa Peninsula Point Association requesting area from "A - G" Streets as qualifying under the 8209 Public Utilities Commission Program for UNDERGROUND WIRING WITHOUT ASSESSMENT. (f) To Public Works Department for reply, letter from Peter Anderson concerning rundown areas in the vicinity of 1610 West Ocean front, and possible assistance from an ASSESSMENT DISTRICT to effect changes to improve streets, alleys, lighting and landscaping, and undergrounding utilities. (74) (74) (g) To Public Works Department for PW response, letter from Jerry Cobb, (74) President of West Newport Beach Association in support of recommendations of the City's OCEAN FRONT ENCROACHMENT COMMITTEE. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CIAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) J. Patricia Cox alleging damage to Cox vehicle as a result of running over fallen sign located in the center of northbound lane on Bayside Drive on April 9, 1990. (b) Robert Lorenzini for property damage ILorenzini to his vehicle while traveling north on Newport Boulevard and 28th Street on March 31, 1990. (c) Pacific Bell for damages, alleging Pac Bell their 200 pair buried cable was damaged by Subcontractor Moore Electrical Contracting on or about October 31, 1989 at front of 4630 Campus Drive. (d) Bill Ray Robinson alleging personal IRobinson injuries as a result of physical abuse by City Jail Officers on January 29, 1990. (e) Kimiko A. Sartori alleging personal Sartori injuries as a result of no traffic signal at designated crosswalk (Pacific Coast Highway at Iris Street) on November 5, 1989. Volume 44 - Page 143 CITY OF NEWPORT BEACH COUNCIL MEMBERS \AL �� y 9�� ROLL April 23, 1990 MINUTES rr.?TtiT7i7q (f) Terminix for property damage, Terminix alleging City Trash Truck turned right into rear of vehicle on North • Newport Boulevard on January 2, 1990. For rejection: (g) Late Claim of Penny Baskin, alleging Baskin damage to windshield as a result of City truck passing her near Bahia Corinthian Yacht Club on May 26, 1989. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Custody Officer, Police Department. (b) One Refuse Worker II, Refuse Department. (c) One Administrative Clerk, Parks, • Beaches and Recreation Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from Library Board of Library Trustees requesting formal acceptance (50) of gift of $6,000 from the Literacy Volunteers of America Newport -Mesa affiliate, in support of the Adult Literacy Services. (b) Report from Parks, Beaches and B &R Recreation Director representing a (62) profile of the CLIFF MAVEN COMMUNITY AS IT RELATES TO PARKS AND OPEN SPACE available to that residential area. (c) Report from Utilities Director Utilities recommending approval to provide (89) WATER AND SEWER SERVICE TO THE IRVINE RANCH WATER DISTRICT FOR COASTAL DEVELOPMENT in accordance with the provisions of the Municipal Code and • the City's design criteria. (d) Report from the City Attorney State Arprt regarding STATE AIRPORT LEGISLATION. Legislation (48) Volume 44 - Page 144 CITY OF NEWPORT BEACH COUNCIL MEMBERS h rant r cAr r April 23, 1990 MINUTES irr.13,d For Council information and filing: (e) Removed from the Consent Calendar. . • (f) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. 12. Removed from the Consent Calendar. 13. CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFF, Eastblf /CdM SIDEWALK CONSTRUCTION IN CORONA DEL MAR, Bal Pnsla AND ALLEY REPLACEMENT ON BALBOA PENINSULA Crb Rmp /Sdw (CONTRACT NO. 2806) - Rescind the Alley Impry authorization to advertise for bids. C -2806 (Report from the Public Works Department) (38) 14. ROY BATEL.LI - Approve application of Roy Permit/ Batelli to construct pavement at sidewalk Batelli grade in the public right -of -way of ocean Encroachm front adjacent to 1023 E. Balboa Boulevard, (65) subject to execution of agreement for nonstandard improvements that includes a provision that the applicant agrees to be bound by the results of any decisions made as a result of work being done by the • Committee on OCEAN FRONT ENCROACHMENTS; and an encroachment permit from the Public Works Department. (Report from the Public Works Department) 15. VARIANCE NO. 1148 - Approve an entry Variance agreement granting the City, its agents and 1148 employees, the right to enter upon the premises to maintain water service facilities; authorize the Mayor and City Clerk to execute the agreement, and record; and accept the offer of public access rights, 10 foot wide, along the bay front and accept the offer of public access rights, 6 foot wide, between West Coast Highway and the bay front. (Report from the Public Works Department) 16. ARTS COMMISSION VACANCY - Accept with Arts Cmsn regret, the resignation of Commissioner (24) Carl Neisser, effective March 1, 1990; direct City Clerk to order permaplaqued Certificate of Appreciation; and include vacancy on annual notice advertising for .applicants. Volume 44 - Page 145 CITY OF NEWPORT BEACH \LLK April 23, 1990 • • Motion All Ayes Motion All Ayes Motion All Ayes is x x ,0 MINUTES 17. SPECIAL EVENTS PERMITS - Uphold staff's Spec recommendation to approve the following, Even subject to conditions in the staff report: Perm (Report from Business License Supervisor) (65) (a) Application No. 90 -095, for use of amplified sound in a residential area by the Balboa Philharmonic Society on June 9, 1990. (b) Application No. 90 -105, for use of amplified sound in a residential area by Joann Trees and Alex Lovera on May 5, 1990. 90 -095 1 90 -105 18. BUILDING DEPARTMENT - Refer report from Buil Building Director to Planning Commission (26) for review and report back on incentives to STRENGTHEN BUILDINGS VULNERABLE TO EARTHQUAKES. 19. BUDGET AMENDMENTS - For approval: (25) BA -062, $1,260 - Transfer in Budget Appropriations to provide for Special Refuse Collection for residents of Cliff Haven; General Services Fund. (Memorandum GS from General Services Department w /Cliff (44) Haven Community Association request) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. April 19, 1990 PLANNING COMMISSION AGENDA. Motion was made to schedule public hearing Plan on MODIFICATION NO. 3664, #1 Huntington odi Court and Belcourt Drive South tha 3664 Aeronutronic Ford Planned Community for (68) May 29; and receive and file remaining items. 2. Report to City Manager regarding actions Planning taken by the PLANNING COMMISSION on (68) April 5, 19510. Motion was made to schedule public hearing Modificatn on MODIFICATION NO. 3654, 501 West Bay 3654 Avenue, Balboa Peninsula for May 14; and receive and file remaining items. 3. Following comments made by Council Member Oceanfrnt Hart regarding OCEAN FRONT ENCROACHMENT AD Encrchm Ad HOC CITIZENS ADVISORY COMMITTEE, and Final Hoc /CAC Report from the Committee, motion was made (24) to concur in the agenda action to recommend termination of subject ad hoc committee; and direct City staff to review the committee's report and report back to the City Council at the May 14 Council meeting. Volume 44 - Page 146 • Motion All Ayes • Motion All Ayes • X. x CITY OF NEWPORT BEACH April 23, 1990 4 H 11 2 MINUTES Discussion ensued, wherein it was recommended that it would be more appropriate to present comments during the May 14 Council meeting. Report from the Planning Department, Final Mp regarding FINAL MAP OF TRACT NO. 14186. Tract 14186 The Planning Director advised the Council that the Planning Commission approved the FINAL MAP OF TRACT NO. 14186 at its meeting on Thursday, April 19. Motion was made to concur in the Planning Commission decision to approve FINAL MAP OF TRACT NO. 14186, a request of James G. White, Lawrence M. Campeau and Wayne A. Foster, incorporating by reference the Finding and Condition recommended by the Planning Commission to subdivide two existing lots into a single lot for a 15 unit residential condominium development on property located in the HER (2178)SPR District; lots 1 and 2 of Tract No. 1718, located at 2101 15th Street, on the southeasterly corner of 15th Street and Irvine Avenue in Cliff Haven. ORDINANCES FOR ADOPTION: Proposed ORDINANCE NO. 90 -19, being, Ord 90 -19 Offenses & AN ORDINANCE OF THE CITY COUNCIL OF Nuis /Drnkg THE CITY OF NEWPORT BEACH AMENDING in Pblc SECTION 10.04.010 OF THE NEWPORT (70) BEACH MUNICIPAL CODE PERTAINING TO DRINKING IN PUBLIC. Recycled report dated April 9, 1990, from the City Attorney. Motion was made to adopt Ordinance No. 90- 19. Proposed ORDINANCE 140. 90 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DELETING SECTION 6.04.085 ENTITLED TRASH COMPACTORS PERTAINING TO CHAPTER 6.04, GARBAGE, REFUSE AND CUTTINGS, FROM THE NEWPORT BEACH MUNICIPAL CODE. Volume 44 - Page 147 Ord 90 -20 Health & Sanitn /Trsh Compactors (44) *n yes r� u • \9� x CITY OF NEWPORT BEACH MINUTES April 23, 1990 Recycled report dated April 9, 1990 from Building Director. Motion was made to adopt ORDINANCE NO. 90- 20. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: None. Meeting adjourned at 10:21 p.m. The agenda for this meeting was posted on April 19, 1990, at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. et�z Mayor Volume 44 - Page 148