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HomeMy WebLinkAboutBUCK GULLY LOTSIf 3909 Via Manzana • San Clemente, California 92672 • (714) 496.1772 JANUARY 9, 1981 CITY MANAGER ROBERT L. WYNN CITY OF NEWPORT BEACH 300 NEWPORT BLVD. NEWPORT BEACH, CA. 92662 DEAR MR. WYNN: �gNl21 C'ty oin �aoa 9B1 a New Bc I AM REPRESENTING THE OWNERS OF TWO LOTS THAT APPEAR ON THE ASSESSORS MAP BOOK 52o PAGE 19, COUNTY OF ORANGE. THE LOT NUMBERS ARE #71 AND #72 AND THE TRACT NUMBER IS 673• THESE LOTS WERE PURCHASED BY THE OWNERS FROM JAMES IRVINE IN 1926 AND HAVE BEEN RETAINED IN THE FAMILY SINCE THAT TIME. THEY APPEAR TO BE LEGAL LOTS. COULD YOU GIVE ME AN INDICATION OF THE STATUS OF THESE LOTS. THE OWNERS ARE INTERESTED IN BUILDING ON THEM AND ARE CONCERNED ABOUT ACCESS TO THE LOTS. TCEREL S, RO11,RT L. LARSEN ✓"' COMMISSIONERS CITY OF NEWPORI((JEACH M M a r A MINUTES onit reii m N June 5, 1975 - inurA 5. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 6. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived. 7. at there shall be submitted a declaration of Cov nts, Conditions and Restrictions govern- ing the intenance and operation of the condominiu cceptable to the Director of Community Deve ment and the City Attorney. 8. That prior to the issu a of building permits a sub -surface investigatio of the site shall be performed to determine if proposed excavation will penetrate below t water table. If necessary, the applicants 1 submit a detailed program for any dewater' operation to the City and to the Regional Water Quality Control Board. Item #9 AMENDME Request to amend portions of Districting Maps Nos. 18, 19 and 20 to establish an increase in the NO. 446 required rear yard setbacks on properties abutting Buck Gully located on Poppy Avenue; Hazel Drive, CONT. T Isabella Terrace, Mendoza Terrace, De Sola Terrace JULY 17 Cabrillo Terrace, Cortes Circle, Columbus Circle, _ and Evening Canyon Road; and amend Section 20.12. 060 (C.) of the Municipal Code having to do with rear yards in the R-1 Zone District. Initiated by: The City of Newport Beach Community Development Director Hogan reviewed the proposal and intent to designate Buck Gully as ' public open space as ,indicated in -,the General Plan and the means by which this could be accomplished through the establishment of rear yard setbacks. He pointed out that the purpose of the public hearing was to allow for imput from the public and the proposal as outlined was in no way conclusive. Alternate actions to the proposal which could be taken by the Planning Commission were also review- ed as well as the background information which led to the initiation of the proposed amendment. Public hearing was opened in connection with this matter. Jim Shindler, 409 Cabrillo, appeared before the Page 21. COMMISSIONERS (C CITY OF NEWPORT(JEACH yG�my m Y mi Lma 5_ 1Q7r% MINUTES INutA Commission and concurred with the objectives of the request, however, he could not understand why his entire home was included within the open space designation and felt that a line conforming with the natural contour of the gully, rather than from the street, would be more appropriate. Staff agreed that none of the existing houses should be included in the open space designation and advised that the line could be adjusted in such a way as to eliminate this problem. _ Per Trebler, President of the Shore.cliffs Associ'a- tion,.appeared before the Commission and question- ed the need for an amendment because of the presen restrictions which must be met prior to any con- struction or alterations. He presented copies of "Shorecliffs" C.C.& R.s and pointed out the por- tions which accomplish the same results as the pro posed amendment, i.e., the preservation of views a d open space. Under the circumstances he felt that the proposed amendment should be denied, however, as an alternative, he requested that the amendment be continued to allow for further communication with citizens who are not represented by an assoc- iation. He also suggested that if the same type of designation was anticipated for the Morning Canyon Area, that the matter be continued and both canyons be considered simultaneously. _ Nigel Bailey, President of the Corona Highlands Association, appeared before the Commission and ` requested that before a precedent was established by this amendment, that the matter be continued and that Morning Canyon be considered at the same time as Buck Gully. He also felt that the setback line could be moved further into the canyon without adverse effects. Dr. John Wehrly, Tustin, appeared before the Commission and advised that he was the owner of Lots 71 and 72, Block A, located at the bottom of Buck Gully, and objected to the open space designation. Planning Commission discussed Mr. Wehrly's pro- perty and whether or not the dedicated street would be improved in the future. City Engineer Nolan advised that the street would be difficult to improve because of the topography of the land and also that the property would be subject to flooding. Page 22. COMMISSIONERS CITY OF NEWPORT(JEACH mom Y� m!:4 D onu rwll m Jima 5_ 1Q7r MINUTES _ wnev \VLA Roger Hardacre, 306 Hazel Drive, appeared before the Commission and voiced concern with the poten- tial loss of certain property rights by reason of the proposed amendment and felt that a continuance would be beneficial to those property owners who were not represented by an association, as this would permit the opportunity for some organization Murton Willson, 336 Poppy, questioned future improvements to Glen Drive or any improvements through the gully. Staff advised they did not know of any public improvements intended for the street or through the gully and the only purpose of the proposed amendment was to limit constructio within the open space area. Planning Commission discussed trail systems in the area and reviewed the section of the General Plan as it pertained to trails within Buck Gully. Bob Scholler, 265 Evening Canyon Road, questioned whether there were any proposed plans for Buck Gully to become a City owned park and voiced concern with rumors' in this connection. Bernard Berg, 532 Hazel Drive, concurred with the intent to preserve the gully, however,, he objected to any construction of trails which would encourag any type of traffic through the canyon as this is -private property and should be given the same consideration as other private property. Bryant Marston, 620 Poppy Avenue and 709 Poppy Avenue, requested clarification of the effect of the proposed amendment on his property and whether or not the existing development could remain if further improvements were constructed. Dickson Shafer, 232 Evening Canyoh- Road appeared before the Commission on behalf of his neighbor, Torrey Webb, 225 Evening Canyon Road, who felt that the proposed action was inverse condemnation and would like to have the City either buy the property which could not be used or have•it removed from the tax rolls. Harold Shillock, 242 Evening Canyon Road, appeared before the Commission and advised that more study should be made and a topographical map prepared before this matter was given any further consider- ation because of the problem of flooding. Page 23. COMMISSIONERS �C CITY OF NEWPORT((.tEACH '° Y m m~m`cyZ0 <y onn rAll m June 5, 1975 MINUTES ikincY Norman Tillner, 324 Hazel Drive, felt that constru - tion of a trail through the canyon would be more damaging than any construction which could be done on the individual lots. Paul Pritchard, 220 Evening Canyon Road, commented on a similar situation with Fern Dell on Western Avenue in Los Angeles and the transformation which has occured. Phil Lansdale, 242 Hazel Drive, appeared before the Commission in favor of the proposal. Mrs. Berg, 532 Hazel Drive, voicedconcern with people trespassing on private property through the canyon and the possibility of being excluded from any plans because they were not represented by an association. Staff advised of their willingness to cooperate with the various associations and individual property owners in any way possible regarding the proposed amendment. Planning Commission requested that a main be pre- pared indicating City property, public easements, boundaries governed by the various C.C.S R.s, if possible, and requested that the City Attorney prepare a legal opinion relative to inverse con- demnation as well as the effect of the proposed amendment on landlocked property at the bottom of the canyon. Motion X Following discussion, motion was made to continue All Ayes the public hearing to the meeting of July 17, 1975. - Item #1 Request to consider amending Section 20.02.090 of AMENDME the Newport Beach Municipal Code"pertaining to the N0. 445 definition of "building site." APPROVE Initia d b_: The City of Newport Beach Planning Comm1 ion discussed the intent and purpose of the pro ed amendment. Public hearing was opened connection with this matter and there being no ones} 'ring to appear and be heard, the public hearing w closed. Motion X Motion was made recommending to the City cil All Aye that Amendment No. 445 be approved. 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