HomeMy WebLinkAboutIS022_BAYVIEW CENTER111111111111111111 II
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ITEM D-1
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Attachment I 3/14/83
uP3018/RESUB 739
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I INITIAL STUDY:
I . BAYVIEW CENTER
NEWPORT BEACH
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The Butier
Roach
Group
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INITIAL STUDY
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I for the proposed
BAYVIEW CENTER
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I FEBRUARY 4, 1983
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PREPARED FOR
I PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
I 3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
I CONTACT: FRED TALARICO
(714) 640-2197
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I PREPARED BY
THE BUTLER ROACH GROUP, INC.
I 505 LOMAS SANTA FE DR I VE
SOLANA BEACH, CA 92075
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Section
1.
II.
III.
CONTENTS
INTRODUCTION
DESCRIPTION OF THE PROPOSED PROJECT
1.0 Location
2.0 Project Description
3.0 Permits Required
DESCRIPTION OF EXISTING CONDITIONS,
ENVIRONMENTAL IMPACTS OF THE PROPOSED
PROJECT, AND MEASURES PROPOSED TO
MITIGATE ADVERSE IMPACTS TO AN ACCEPT-
ABLE LEVEL
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2
5
9
15
1.0 Land Use, Land Use Plans and Zoning 16
2.0 Circulation and Parking
3.0 Air Quality
4.0 Noise
5.0 Water Quality
6.0 GeoLogy and Soils
7.0 Public Services and Utilities
8.0 Aesthetics
REFERENCES/PERSONS AND ORGANIZATIONS
CONTACTED
APPENDIX
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Appendix A -Project Site Plan, Floor Plans
and Elevations A-l
Appendix B -Districting Map Number 11 B-1
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Section
Figures
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2
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III-l
III-2
CONTENTS
Appendix C -Full Text of Mitigation
Measure (MM)l and Other
Standard City Conditions
Appendix D -Estimate of Project Inbound
and Outbound Traffic Volumes
. LIST OF FIGURES
Location Map
Project Site Location
(Tentative Tract Map)
Proposed Project Site Plan
Project Area Land Uses -Site Area
Project Area Land Uses -Site Area
Views around the Project Site
LIST OF TABLES
Comparison of the Code Require-
ments, Existing Uses and the
Proposed Project
Parking Analysis
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D-l
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1 18
2 19
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21
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SECTION I
INTRODUCTION
This Initial Study has been prepared for the proposed pro-
ject in compliance with the California Environmental Quality
Act of 1970 (CEQAl, the State CEQA Guidelines, and the City
of Newport Beach procedures for implementation of CEQA
(e.g., City Policy K-3l. The purpose of the Initial Study
is to assist the City of Newport Beach in determining if
the proposed development will cause any significant environ-
mental impacts; if these impacts may be mitigated to an
acceptable level; and, if the proposed development is con-
sistent with applicable land use plans and guidelines for
the project area.
In this context, the Initial Study focuses on areas of
potentially significant environmental concern, and incluges
an identification of all development permits necessary
for project implementation. Section II provides a list
of all necessary development permits and briefly describes
the applicability of the permits to the proposed project.
Any potentially significant concerns regarding permit re-
quirements ~re also noted.
Section III of the Initial Study provides a description
of relevant existing environmental conditions and land
use regulations, an identification of potential environment-
al impacts of the proposed project, and an identification
of measures proposed to mitigate any adverse impacts to
an acceptable level. Recommended mitigation measures are
indented and numbered consecutively, in the order of their
appearance in the report.
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SECTION II
DESCRIPTION OF THE PROPOSED PROJECT
1.0 LOCATION
The proposed project is located on the bayfront in the
Central Balboa area of the Balboa Peninsula (Figure 1).
The project site consists of the three parcels shown in
Figure 2. Parcel 1 is located on the corner southwest of
the intersection of Palm Street and Edgewater Place, im-
mediately west of and adjacent to the Balboa Island Ferry
landing at Palm Street. Parcel 1 is bounded by Edgewater
Place, a pedestrian walkway along the bayfront, on the north;
a public alley on the south; Palm Street on the east; and,
existing commerical structures on the west (Figure 2). The
eastbound alley, which exits onto Palm Street between Edge-
water Place and East Bay Avenue, separates the northern half
of the site from the southern half. The alley is generally
included in Parcel 3 of the project site (Figure 2). Parcel
2 comprises the southern half of the project site. Parcel 2
is bounded by the alley on the north; East Bay Avenue on the
south; existing commercial structures on the east; and Adams
Street on the west (Figure 2).
When this report refers to the "project site", the reference
includes Parcels 1, 2 and 3 as shown on the proposed tenta-
tive tract map in Figure 2. Although sqown as part of Parcel
1, Edgewater Place will be dedicated to public right-of-way.
Any specific reference to the individual parcels within the
total project site is identified by parcel number.
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SOURCE: USGS, NEWPORT BEACH QUAD
FIGURE 1
LOCA TION MAP
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3 PA"Ct:U'
o U4 "'CR£I~
... TI • .... _ .... n ____ .... __ .. .. ......---_.
- - - - - -- -- -
TENTATIVE PARCEL MAP NO. 83-
IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA.
"IKG "'-L Of LOT. f. 2. 3. T. S. t. 10 AND PORTlDHS Of LOTS .. AND 11, ALL 1II al(leK 3 OF TtlE • .usaA ."yaIDE TflIoCT ....... O"D "ITH ... POATIO" 0'
TIIAT ALLtY BETWEEN AO"W' STIIEU AHD '.0.1.101 STREET WitHIN IMP BLOCK 3, PEA Ufo' RECORDED Itt 110011. ... 1'1.0£ Til .. IICEU .... liEOIiS
MAPa, Al.DMO WIlH " PORIIOH Of LOT 23 10M BLOCK .,,' OF ''''SlOE. MI PtR IlIAI' TIIEREOF RECORDED IH aDaK So 'AOE 'a. OF
N.SCEtlANEOU8 "' ... ", BOTH RECOADS OF 81010 ORANDE CQUNTY, IoUIO A PORTION OF $EtTION:I3. TOWNSHIP II 1I0Ulli. RANDE 10 ."."ST,
'''" 8ERHAfiDIHO "fRill I"". JANUARY 12, laa3
NEWPORT BAY
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PROJECT SITE LOCATION -TENTATIVE TRACT MAP
-- -
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OWNER AND aUIiPNIOER
SA .. BO", ',IoYVIEW OEVEt.OPWEHT,IHC
.:lot I'ALM ITREEl
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2.0 PROJECT DESCRIPTION
Based on the project information contained in Appendix A,
the proposed project entails construction of a three-story
mixed use development with a total gross floor area of 17,245
square feet (rounded) and 92 parking spaces. The site plan
shown in Figure 3 illustrates the location of the proposed
structur.es on Parcels 1 and 2, and includes a brief summary
of the primary characteristics of the project. Detailed
floor plans and elevations are contained in Appendix A.
The three-story structure on Parcel 1 contains commercial
retail space and service areas on the ground floor, restau-
rant space on the second floor, and a cafe/lounge with out-
door observation deck 'and terrace on the third floor. Floor
areas associated with each of these proposed uses are sum-
marized in Figur.e 3. Two handicap parking spaces and one
loading space are located on the alley. The structure on
Parcel 1 is oriented to maximize views to the bay from the
proposed restaurant, cafe/lounge and associated outdoor areas.
An elevator tower is located on the north side of the build-
ing with pedestrian access from Edgewater Place through the
ground floor of the building to the alley. Two separate
stairways provide additional access to the upper floors. The
maximum height of the roofline is 35.0 feet. However, the
elevator tower is topped by a decorative cupola which is an
open framework that adds 4.5 feet to the maximum building
,height at that point.
The structure on Parcel 2 contains the proposed parking
garage on the first and second floors and proposed office
space on the third floor. Improvements on Parcels 1 and 2
will be joined by a pedestrian bridge over the alley at the
third floor. The pedestrian bridge has a clearance of 19.0
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SUMMARY OF TABULATION
CONTAINED IN APPENDIX A
Site Area 1
1st Floor: Commercial Retai I
2nd Floor: Restaurant
3rd Floor: Cafe/Lounge
SUB-TOTAL GROSS FLOOR AREA
Other Features:
-- -
3,533 G.S.F.
5,032 G.S.F.
1,115 G.S.F.
9,680 G.S.F.
- 2 handicap parking spaces, 1 loading space
and service areas located on alley.
-Small outdoor terraces provided on 2nd floor.
-Large outdoor Observation Deck and terrace
provided on 3rd floor.
Elevator and 2 stairwells provide access.
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Site Area 2
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is c:
:0 m
(,)
1st Floor: Parking 50 Spaces
2nd Floor: Parking 39 Spaces
3rd Floor: Commercial Office 7,565 G.S.F.
Other Features:
-Parking access from Adams Street.
-Valet parking only
-Parking capacity increased with "Space-O-
Matic" parking machines.
-Pedestrian bridge over alley joins struc-
tures on Site Areas 1 and 2 at 3rd level.
TOTAL GROS~ FLOOR AREA
TOTAL PARKING
17,245 G.S.F.
92 Spaces
(21 compacts)
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Bayview Center
If£WI'Onf IUCH CAurOR/M
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Newport Bay
C:OIolIoltRCl,I.lIAEI All. COlIlIEACIAlnIEffoll
+-TT--~---+J----'~----L+' H t: -!---1--~
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.,IIUCTURE
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East Bay Avenue
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A-' I SH E l DON l. , 0 L LAC K
COt~O.AflON .. _.-"""1''''' .OI~U" ...... __ ..
... ","un' _
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feet over the alley. Vehicular access into the parking
structure is from Adams Street with a ramp down to the first
level and a ramp up to the second level. All parking w,ill
be valet service as a result of the proposed use of "Space-O-
Matic" parking machines which allow for stacking two cars in
a one car space. The first level of the parking structure
contains 46 spaces provided by "Space-O-Matic" and 4 regular
spaces; the second level provides 38 spaces with "Space-O-
Matic" machines and one regular space. The garage has a
total of 89 spaces with 21 of the spaces sized for compact
cars. The site pl,an provides for a pedestrian walkway from
the alley to East Bay Avenue between the east side of the
parking garage and the adjacent existing structures facing
Palm Street. The maximum height of the roofline of the
three-story structure is 35.0 feet with no additional archi-
tectural features.
The elevations contained in Appendix A show the proposed
architectural detailing of the project, with materials being
primarily wood shingles and wood siding. The elevation of
the parking structure along East Bay Avenue is treated with
window-like openings and wood trellises to "disguise" the
appearance of the parking structure and screen parking acti-
vities from the street. There are no setback requirements
from the property line along the public streets. However,
the developer has provided corner cuts as shown on the site
plan in Figure 3.
The developer requests that the City abandon and vacate the'
public alley which bisects the project site. The developer
will then improve and maintain it as a private alley for
public circulation, widening it from its existing 10-foot
width to 20 feet. The City code does not require a rear set-
back on a private alley.
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Project implementation will require demolition of all exist-
ing structures and parking lots on the project site. The
Balboa Bayview Hotel on Parcel 1 was destroyed by fire
late last year and was recently demolished and removed.
The former hotel site is currently devoted to interim park-
ing use. Existing improvements on the project site are de-
scribed in Section III, 1.0 Land Use. The developer/owner
will retain the existing boat rental facilities associated
with the project site, including the boat docks bayward of
Edgewater Place and the small boat crane and boat rental
kiosk on Edgewate~ Place. The boat rental facility will be
remodeled to complement the new structures on the site.
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3.0 PERMITS REQUIRED
The following discretionary permits will be required for
project approval and implementation.
City of Newport Beach Permits
The project site is located within an area subject to the
City's shoreline height limitations, as described in Section
20.02.030-C of the'City's zoning code (Title 20. Zoning
Regulations, Newpo~t Beach Municipal Code). The code limits
building heights to 26 feet. However, structures from 27
to 35 feet in height are allowed with a use permit. Approval
of the use permit requires a public hearing before the
Planning Commission, and the commission must be able to
make all four of the following findings in order to approve
the proposed maximum 35 foot height of the structures.
Briefly, the Planning Commission must find that the increas-
ed height will:
1.
2.
3.
4.
Result in more public visual open space and
views than would result from compliance with the
basic height limit;
Result in a more desirable architectural treatment
of the building and stronger, more appealing visual
character in the area;
Not result in undesirable or abrupt scale relation-
ships between the building and adjacent uses; and,
In no case result in a floor area greater than the
floor area permitted by the code (e.g., two times
the buildable area of the site).
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Because the proposed project entails construction of two
structures which both have a maximum height of 35.0 feet
above grade on Parcels 1 and 2, the project will require a
use permit allowing the proposed building heights. The
structure on Parcel 1 also has an open framework cupola
which exceeds the maximum height limit by 4.5 feet. As an
architectural feature, this item will be included in the use
permit application for the Planning Commission's review.
Relative to consistency with the applicable sections of the
City's code for t~e C-1 District, the project will also re-
quire a use permit for several other conditions. According
to the general controls applicable to the Commercial dis-
trict, the proposed restaurant use will require a use permit
with a specific allowance/requirement for the proposed re-
striction of restaurant operations to evening (dinner) hours.
It is proposed that this restriction would not apply to the
smaller cafe/lounge use. The proposed office use must also
be included in the use permit application. The general con-
trols of the C-1 District require a use permit for office
use over 5,000 square feet in a designated Specific Plan
area where such a Plan has not yet been adopted. The project
site is within the Balboa Peninsula Specific Area Plan, how-
ever, the Plan has not been adopted.
Because the proposed parking structure includes spaces which
are not independently accessible (Le., the "Space-O-Matic"
machines for vertical tandem parking) and provision of compact-
size parking spaces, the project will also require approval
of a modification of the code to allow these features. This
modification to the development standards may be applied for
and approved along with the use permit described above (B.
Laycock, pers. corom.). The proposed provision of parking
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valets or attendants for all parking activities in the park-
ing structure will also be identified in the use permit
request for the project.
At the municipal level, demolition, grading and building
permits will also be required. These permits are obtained
through the Building Department of the City of Newport Beach.
Finally, the Public Works Department has noted that the de-
veloper will be required to improve the existing bulkhead
and adjacent publ~c improvements on and around Parcel 1 of
the project site. The bulkhead must be raised to 9 feet
above mean lower low water (MLLW) on the bay (D. Webb, pers.
comm.). Existing City records show the original bulkhead
was built at 8 feet above MLLW (T. Melum, pers. comm.). The
required bulkhead improvements will be subject to approva+
of a Harbor Permit by the City of Newport Beach. All other
public improv~ments will be subject to approval of the build-
ing permit.
Other Conditions -City of Newport Beach
The proposed project must comply with the applicable provi-
sions of the City subdivision code (Title 19. Subdivisions,
Newport Beach Municipal Code). Because the proposed project
site combines several lots of record, approval of demolition/
construction activities will require a re-subdivision approv-
al. The re-subdivision approval will also be required to
establish the on-site grade for the purpose of measuring
building heights. This is necessary in view of the City's
requirement for raising the bulkhead and corresponding grade
adjustments in the public right-of-way adjacent to the site.
The project owner currently holds a cross-parking agreement
for 15 spaces allocated to the Fun Zone Marina. In addition
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to maintaining this agreement, the owner proposes to upgrade
it by allocating 12 additional spaces to Art's Landing com-
mercial charter fishing business.
The project owner proposes to request abandonment of the
public alley which bisects the project site, and proposes
to subsequently improve and maintain the alley. The request
must be made through the Public Works Department and approv-
ed by the City Council. When the City abandons a public
right-of-way, it reverts to the original property owner(s),
(i.e., owner of record) adjacent to the right-of-way. The
project owner will require the agreement of other property
owners with lots facing the alley in order to utilize their
portion of the right-of-way for access through the project.
The City may require retention of public easements within
the right-of-way., particularly for utilities. The property
survey shown in Figure 2 indicates that water and sewer
mains and a gas line are beneath the alley. If either of
the public utilities is in substandard condition, the City
may require the property owner to repair or replace the
facility as a condition of abandonment of the right-of-way
(D. Hoffstadt, pers. comm.).
The applicable sections of the Newport Beach Municipal Code
referred to in this report are hereby incorporated by refer-
ence, with all documents being publically available at the
offices of the Planning Department, City of Newport Beach,
3300 Newport Boulevard, Newport Beach, CA 92663. These
include sections of Title 15. Building and Construction,
Title 19. Subdivision, and Title 20. Zoning Regulations.
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Other Permit Requirements
Coastal Permit
The project site is located within the Coastal Zone and
will require project approval and a permit issued by the
Coastal Commission, according to the provisions of the
California Coastal Act of 1976. Although the Land Use Plan
(LUP) of the Local Coastal Program (LCP) has been approved
by the Newport Beach City Council and certified by the State
Coastal Commission, the City has elected to allow the State
Coastal Commission to retain coastal development permit
authority.
Corps of Engineers Pemmit
The required bulkhead improvement will require review by the
U.S. Army Corps of Engineers. Depending on the nature and
scope of the actual improvements needed to raise the bulk-
head to the required 9 feet above MLLW, the bulkhead improve-
ments may require a Corps of Engineers permit.
Summary -Request for Approval
by the City of Newport Beach Planning Commission
In order to obtain the necessary discretionary permits and
approvals for implementation of the proposed project, the
project applicant requests approval of the following items
by the City of Newport Beach Planning Commission:
1. Initial Study/Negative Declaration to provide compliance
with the requirements and intent of the California Envi
ronmental Quality Act of 1970 (CEQA), the State CEQA
Guidelines and City Policy.
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2.
3.
Use Permit for compliance with the City Zoning Regula-
tions, with conditions for allowing:
a. A mixed commercial use structure and a related park-
ing structure with offices which both exceed the
basic height limit in the 26'/35' height limitation
district;
b. A cafe/lounge use and a night-time only (dinner)
restaurant use;
c. Office space in excess of 5,000 square feet on property
within t~e C-1 District, within the Balboa Peninsula
Specific Area Plan, where the Plan has not yet been
adopted; and,
d. Modification of the existing zoning to allow park-
ing spaces which are not independently accessible
and to allow provision of compact -size spaces in
conjunc.tion with provision of valet-parking service
for all parking activities.
Resubdivision Approval to provide compliance with the
City Subdivision Code and to establish the on-site
grade for the purpose of measuring building heights.
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SECTION III
DESCRIPTION OF EXISTING CONDITIONS, ENVIRONMENTAL
IMPACTS OF THE PROPOSED PROJECT, AND MEASURES PROPOSED
TO MITIGATE ADVERSE IMPACTS TO AN ACCEPTABLE LEVEL
This section provides an analysis of existing conditions,
probable impacts and proposed mitigation measures relative
to the proposed project. The environmental impact assess-
ment addresses the .following eight areas of environmental
concern which may be potentially subject to significant
adverse environmental effects:
1-
2.
3.
4.
5.
6.
7.
8.
Land use, land use plans and zoning;
Circulation and parking;
Air quality;
Noise;
Water quality;
Geology and soils;
Public services and utilities; and
Aesthetics.
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1 __ _
1.0 LAND USE, LAND USE PLANS AND ZONING
Existing Conditions
Land Use
As described in Section II, the project site is currently
occupied by several structures and paved and un-paved surface
parking lots. The two-story Balboa Bayview Hotel was located
on Parcell, on the southwest corner of the intersection of
Palm Street and Edg~water Place, adjacent to the Balboa Is-
land Ferry landing. However, this structure was destroyed
by fire late last year and was recently demolished and re-
moved. The hotel previously contained two tourist-oriented·
retail shops and a bar/sandwich restaurant on the ground
floor, with 18 rooms used variously for transient occupancy,
offices and storage on the second floor. The former hotel
site is now in interim use as a surface parking lot.
An existing surface parking lot extends from the west half
of Parcell to the east half of Parcel 2 (Figure 2). The
lot provides 28 public spaces with hourly fees. This lot
also allows access from East Bay Avenue to a small boat crane
on Edgewater Place. The boat crane is associated with a
small boat rental shop on Edgewater Place, located in front
of the Balboa Bayview Hotel site and adjacent to the Balboa
Island Ferry landing. Edgewater Place is a public walkway,
however, it is not currently dedicated to the City as public
right-of-way. Ancillary uses on Parcell include a small
one-story retail commercial shop and a temporary storage
shed. Adjacent uses include Art's Landing, a commercial/
charter fishing operation to the west, and other retail and
service commercial establishments to the south and east. The
Balboa Fun Zone is immediately east of commercial uses on
the east side of Palm Street.
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In addition to the larger parking lot, existing uses on
Parcel 2 include a small private parking lot between
the alley and East Bay Avenue; a small one-story commercial
retail store; a four-unit two-story apartment building
with'garages fronting on Adams Street between the alley
and East Bay Avenue; a storage shed; and, a small two-story
apartment facing on the alley (Figure 5). Adjacent uses
include Art's Landing to the north, multiple family residen-
tial to the west and south, and retail/service commercial
shops to the east. Structures on East Bay Avenue and Adams
Street are generally two-story, while all other structures
adjacent to the project site are one-story.
Figures 4 and 5 show the existing uses on the project site
and typical adjacent uses. The photographs show two mature
palm trees located within the right-of-way on Edgewater
Place, in front of the former Balboa Bayview Hotel, and
several mature palm trees and rubber trees along the south
and west edges of the project site on East Bay Avenue and
Adams Street, respectively.
Views toward the harbor from East Bay Avenue are generally
obstructed by existing structures fronting on Edgewater
Place. The existing parking lot on the project site affords
a minimal view corridor to the bayfront from East Bay Avenue.
As a result of existing development, primary view corridors
to' the harbor are generally restricted to the local streets
which run north/south throughout the project area.
Land Use Plans
The project site and immediately adjacent properties are
designated for retail and service commercial uses by the
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B. View of north side of Site Area 1
on Edgewater Place.
''':' ~_,1,.~ ... ~_'~_~~:.f~ . .1:
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'------.,
A. View of northeast corner of
Site Area 1 from Balboa
Ferry Landing.
C. Existing Parking Lot on
project site, as seen from
E. Bay Avenue.
LAND USES, SITE AREA 1',
Figure 4
"
~-----------------------------------------------------------------------1
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B. Existing uses on Site
Area 2, view north
from E. Bay Avenue.
!
----~--
A. Site Area 2, seen 'from '1
intersection of Adams Street
I and E. Bay Avenue. . ___ . I
c. Entrance to project
site via public alley'
from Adams Street.
LAND USES, SITE AREA 2
Figure 5
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Newport Beach General Plan. The Land Use Element of the
General Plan refers to the project are'a as the "Central
Balboa Commercial Area" within the Balboa Peninsula Area.
The Land Use Plan indicates that a Specific Area Plan will
be prepared for this area. Current language in the Land
Use Element indicates that the Central Balboa Commercial
Area is considered a "core" area of commercial uses which
should be preserved. In this sense, the existing retail
and service commercial uses are consistent with the Land
Use Element and Land Use Plan of the General Plan. Existing
non-conforming residential uses on the project site are
inconsistent with the plan's goal of removing residential
uses from the commercial core. The Residential Growth Ele-
ment of the General Plan also designates the project area
for non-residential use.
Being located within the Coastal Zone, proposed uses on
the project site must be consistent with Coastal Plan consid-
erations. The Draft Land Use Plan (LUP) of the Local Coastal
Program (LCP), which has been adopted by the City Council,
classifies commercial districts within the Coastal Zone
for different types of commercial use relative to the proper-
ty's coastal location. The LUP designates the project site,
and all three blocks facing the bay front from Main Street
to Adams Street, for a mixture of recreational and marine
commercial, and retail and service commercial uses (City
of Newport Beach, 1981).
Zoning
The project site and properties to the south and east are
located within a commercial district, zoned C-1, Light
Commercial. The block west of Adams Street is zoned R-4,
for multiple family residential. Appendix B contains Dis-
tricting Map Number 11, showing the zoning of the project
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area. Uses allowed in the C-1 District are described in
Chapter 20.02 of Title 20. Zoning Regulations, Newport
Beach Municipal Code. Current uses on the site conform to
the existing zoning, with the exception of the residential
uses, which are considered legal non-conforming uses.
Impacts
Land Use
The proposed project will replace the existing various uses
on the project site with the proposed, more intensive uses.
Table 111-1 provides a summary comparison of the existing
and proposed intensity of use on the project site, and a com-
parison of the proposed project characteristics and those
required by code. , The proposed project will include 3,533
gross square feet (G.S.F.) of commercial retail area, 2,840
net square feet (N.S.F.) of restaurant area and 737 N.S.F.
of cafe/lounge area in the structure on Parcell. The pro-
ject also includes 7,351 N.S.F. of office area on the third
floor of the structure on Parcel 2. These characteristics,
result in a total measured floor area of 14,461 square feet
out of a total gross building area (i.e., exclusive of park-
ing) of 17,245 G.S.F. (rounded). The proposed project pro-
vides a total of 92 on-site parking spaces, of which 89 are
located in the parking structure on the first two floors of
the building on Parcel 2.
The proposed site plan provides about 7,431 square feet of
open space, or 36% of the 20,493 square feet of buildable
area to the bulkhead. In terms of the prescriptive rights
area only (i.e., excluding that portion of Edgewater Place
on Parcell), the site plan provides for about 3,205 square
feet of open space, or 20% of the 16,268 square feet of
19
I_~~ ___ -------------------,----------------------
-
N o
-- - ---- ----
TABLE III-l
COMPARISON OF TIlE CODE REQUIREMENTS,
EXISTING USES AND TIlE PROPOSED PROJECT
Proposed Bayview Center Development
PROJECT ELENENTS CODE REQUIREMENT
(C-l District) EXISTING IISES
10 Ine Bulkhead PrescrIptIve Rights Area
Project
(Cross
~ (1) Site Area
Acreage)
No Miniumum 23,653.1 SF
Parcell"" 11 ,020.7
Parcel2"" 9,583.2
Parcel3"" 3,049.2
19,427.8 SF
Parcel 1
Parcel 2
Parcel 3
6,795,.4
9,583.2
3,049.2
BUildable Site Area Gross Area
(Excluding 20' Alley) less setbacks 22,881.6 SF 18,656.3 SF
Allowable Floor A~~l 2.0 x Buildable
Gross Floor Area{Z)
45,763.2 SF
9,852.0 SF(3)
37,312;6 SF
9,852.0 SF (2)
Floor Area Ratio (FAR) 2.0:1 0.22:1 0.26:1
Site Coverage 9,600.0
(3)
SF 9,600.0 SF
Percent Site Coverage
(Re: Buildable
Site Area) 42%
N.A.
511.
Open Space N.A.
Setbacks
Front & SIde
Rear (on alley) o
10 feet o
Varies, Generally 0 SANE
Buil ding Height 26'/35' N.A.
NOTES:
SOURCE:
(up to 35' with use permit) N.A. SA~E
(11
The City of Newport Beach Attorney's Office and Planning Department have
determined that, for purposes of establishing compliance with the Newport
Beach Municipal Code, Floor Area Ratio for the proposed project shOUld be
calCUlated to the bulkhead. Additional FAR comparisons are prOVided for
informational purposes only. The difference between the project site to
the bulkhead and the prescriptive rights area is accounted for by that
portion of Edgewater Place on Parcel 1, measuring 4,225.3 square feet.
(2)Does not include floor area devoted to parking.
(3)Estimates for existing uses provided by the project architect. These
estimates include the Balboa BayvIew Hotel which was destroyed by fire
and removed in late 1982. Estimates for project floor area and site
coverage do not include the floor area of the bont rental kiosk on Edgewater Place.
(4)Applicant requests that the existing public alley be vacated; applicant
proposes to maintain the vacated right-of-way as an improved private
alley. There nre no setback requirements for a private alley.
The Butler Roach Gro.up, Inc. 1983; UNA/RGB EngineerIng Inc. 1983; and
the project architect (AppendIx A) 1983.
-- -- - --
PROPOSED PROJECT
10 Uie Bulkhead lirescripEive RIghts Area
SAHE SANE
20,492.8 SF 16,267.5 SF
40,985.6 SF 32,535.0 SF
17',244.3 SF 17,244.3 SF
0.42:1 0.53:1
13,062.0 SF 13,062.0 SF
64% 80%
7,430.5
(3 )
SF 3,205.2 SF
Varies. 0 to 1.6 ft. 0(4 ) SANE
35 ft. above grade
Parcels 1 and 2 SANE
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TABLE III-2
PARKING ANALYSIS
Proposed Bayview Center Development
CODE REQUIREMENT REQUIRED SPACES
(C-1 District),
Retail 1sp/250 SF Gross
Office 1sp/250 SF Net·
Restaurant 1sp/40 SF Net
Existing Off-Site Agreement
TOTAL CODE REQUIREMENT
Proposed Additional
Off-Site Agreement
TOTAL PROJECT REQUIREMENT
TOTAL PROPOSED SPACES
COMPOSITION OF PARKING FACILITIES
Type of Space
Regular
Compact
TOTAL SPACES
Total Spaces in Structure
"Space-O-Matics"
Day Uses
14
30
18
15
77
12
89
92
No. Spaces
71
21
92
89
84
Source: The Butler Roach Group, Inc. 1983; project architect
(Appendix A) 1983.
21
Evening Uses
0
0
89
0
89
0
89
92
% of Tot,al
77%
23%
100%
97%
91%
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buildable area. These estimates exclude the proposed 20-foot
wide alley which bisects the site. The open space on the
site area consists of the decorative paved walkways through
the ground floor of the building on Parcel 1 and adjacent to
the building on Parcel 2, and the corner cuts around the
buildings, as shown in Appendix A.
As shown in Table III-l, the Floor Area Ratio (FAR) for the
proposed project is 0.42:1 for the project site area to the
bulkhead, and 0.53:1 for the prescriptive rights area only.
The existing zoning ,(C-l) allows a FAR of 2.0:1, excluding
floor area devoted to parking.
As described in the Existing Conditions section, the pro-
ject site and project area are currently completely devel-
oped with older commercial and residential development. As
shown in Table III~l, the proposed project will increase the
intensity of development on the project site. The former
site of the Balboa Bayview Hotel and ancillary small struc-
tures on Parcel 1 will be replaced by the proposed three-
story structure which covers a majority of the site. Floor
plans in Appendix A show that the pedestrian level of this
structure will be open around the elevator tower with a walk-
through from Edgewater Place to the alley.
The parking lots and one-and two-story structures on Parcel
2 will be replaced by the proposed three-story parking struc-
ture/office building, which will essentially cover the entire
site, with the exception of the walkway along the east side
of the building from the alley to East Bay Avenue. The alley
itself will be improved from its existing 10-foot width to
20 feet.
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A pedestrian bridge joining the two halves of the site will
be built at the third story over the alley. The pedestrian
bridge is included in the total building area shown in Table
III-i, but is not considered part of the site coverage area.
In summary, although the tabulation in Table III-i shows the
proposed project to be well below the allowable building
area, the perceived mass of the two three-story structures
will likely be more intense than surrounding development on
the south and west, where the buildings are generally two-
story. The proposed parking/office structure will be greater
in height and volume than other structures facing it on East
Bay Avenue and Adams Street. However, the architectural and
landscaping treatment, shown in elevations in Appendix A,
provide some relief of the mass of the building and are con-
sistent with the residential character of the adjoining
streets.
Along Edgewater Place, the proposed building provides for
pedestrian level interest, openings and corner cuts. The
approved development at the Fun Zone immediately east of the
project site will be the same height as the proposed project
and it provides for more intense development of that site.
The small boat crane, marina and boat rental shop on Edge-
water Place are uses associated with other existing uses on
the project site (i.e., belonging to the project owner).
The developer/owner proposes to remodel the boat rental shop
and retain the associated marina and the utility of the boat
crane.
Review of the project site plan and elevations in Appendix
A shows that the proposed building will block existing mar-
ginal views from East Bay Avenue to the bayfront. However,
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such views are readily available on all cross-streets per-
pendicular to East Bay Avenue and from Edgewater Place. The
proposed development will provide new additional opportuni-
ties for views of the bay from the terraces and observation
deck associated with the restaurant and cafe/lounge uses on
the second and third floors of the building on Parcell.
The issues of open space and proposed treatment of the build-
ing masses are addressed in Part 8.0 of this section.
A final land use issue relates to the existing versus the
proposed landscaping of the project site. As noted pre-
viously, the project site has a number of existing mature
palm and other trees on its periphery. The project plans in
Appendix A do not indicate that these trees would be retained.
The existing mature palms at the corner of Edgewater Place
and Palm Street will be relocated along Palm Street if pos-
sible, otherwise alternate palm trees will be provided by
the project owner. A related issue regarding the proposed
replacement landscaping on Edgewater Place is address in
2.0 Circulation and Parking.
Land Use Plans
The proposed uses are basically consistent with designations
for the project site and project area according to the New-
port Beach General Plan. Section II of this report indicates
that the project must also be consistent with the Land Use
Plan (LUP) of the Local Coastal Program (LCP). The block on
which the project site is located is designated for a mixture
of recreational and marine commercial, and retail and ser-
vice commercial uses by the LUP. The proposed retail com-
mercial uses are consistent with the retail and service com-
mercial designation. However, the proposed office uses
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result in the need for development of "incentive" coastal-
dependent uses on the site to provide consistency with the
LUP designations. These incentive uses are currently on-
site and will be maintained as part of the proposed project.
These incentive uses include the following:
1.
2.
Zoning
The project proposes to maintain the existing boat
rental service and related marina and boat crane north
of the project site; and,
The owner proposes to retain the existing cross-parking
agreement and enter into an additional cross-parking
agreement with adjacent marine-related uses.
The type of uses proposed for the project site are also
basically consistent with the existing C-1 Light Commercial
District. However, as noted in Section II of this report,
the project will require a use permit for the following:
1. Exceeding the basic height limit;
2. Restaurant uses;
3. Office use greater than 5,000 square feet; and,
4. Parking spaces which are not independently accessible,
4. including compact-size spaces, with valet service.
Of these, the most significant component of the use permit
will likely be approval of the proposal to exceed the basic
height limitation from 26 feet to 35 feet. Findings neces-
sary for this use permit approval are summarized in Section
II, 3.0 Permits Required.
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Mitigation Measures
MMl The City of Newport Beach's current policy regarding
John Wayne Airport, Orange County is regularly required
as a disclosure statement which should be included in
all leases or subleases for space in the project and
shall be included in any Covenants, Conditions and
Restrictions which may be recorded against the pro-
perty. The full text of this disclosure statement is
contained in Appendix C.
MM2
MM3
MM4
MM5
MM6
In addition to the mitigation measures identified in
this report, other standard City conditions will be
applied to the project. These are shown in Appendix C.
Any construction on the site should be done in accord-
ance with the height restriction. This shall apply to
any landscape materials, signs, flags, etc. as well as
structures, except as ,may be modified by the approval
of the permit.
Existing marine-related uses associated with the pro-
ject site should be retained to comply with the intent
of the City's Local Coastal Program. The existing
small boat crane on Edgewater Place shall be retained,
but may be relocated, to ensure the continued viability
of the marine-related uses associated with the project
site.
Edgewater Place shall be dedicated to public right-
of-way.
The required City review of the project landscape plan
should address the issue of retention or relocation of
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existing mature palm trees on the periphery of the
project site. This review should be coordinated with
the Planning and Public Works Departments to determine
the acceptability of proposed landscape trees in the
public right-of-way of Edgewater Place.
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2.0 CIRCULATION AND PARKING
Existing Conditions
The project site is generally bounded on the north by Edgewater
Place, a public pedestrian walkway; on the east by Palm Street,
a local two-way collector providing access to the Balboa Island
ferry landing; on the south by East Bay Avenue, a one-way (east
to west) local street; and, on the west by Adams Street,a local
one-way northbound street providing access to the bayfront (Fig-
ure 3). The alley that bisects the project site is one-way east-
bound. The nearest roadway for which traffic data is available
is Balboa Boulevard, two blocks south of the project site.
Balboa Boulevard carries approximately 15,000 (east/west) aver-
age daily trips (ADT's). During the peak summer months, ADT's
increase to approximately 20,000 (Edmonston, pers. comm.).
Although there are no official traffic data available for Palm
Street, an average daily traffic flow can be inferred from esti-
mates of automobile usage of the Balboa Island ferry. According ,
to a spokesman for Balboa Island Ferry Inc., approximately
1700-1800 (peak summer) and 600-800 (off-season) motor vehicles
utilize the ferry for access to and from Balboa Island. The
ferry operates on a 24 hour basis during the summer months, and
from 6:30 a.m. until midnight during the winter, with winter
weekend operations until 2:00 a.m. (Snyder, pers. comm.).
Existing primary access to the project site is from Pal~ Street
to East Bay Avenue, and from East Bay Avenue directly to the
driveway of the existing 28 space on-site parking lot. Secondary
access to the site can be gained from Adams Street, on the west-
ern boundary of Parcel 2, to the one-way (eastbound) public
alley, which bisects the existing parking lot and exits onto
Palm Street. The primary route to these access streets is Balboa
Boulevard, with the likelihood that some vehicles arrive from
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•
the Balboa Island ferry via Palm Street. Because Palm Street
provides the only access to the Balboa Island ferry from the
Balboa Peninsula, the northbound lane is usually congested with
cars waiting to board the ferry during peak summer months, holi-
days and weekends. This congestion generally extends onto Balboa
Boulevard.
It is estimated that existing land uses on the project site
generate about 397 vehicle trips per day. This estimate includes
the former Balboa Bayview Hotel and is based on standard traffic
generation rates used by the City of Newport Beach. The estimat-
ed net square footage of existing uses on the project site was
provided by the project architect.
Existing parking facilities on the project site include the 28
space public surface lot west of the Balboa Bayview Hotel, and
a smaller un-striped private lot west of the larger lot, be-
tween the alley and East Bay Avenue (Figure 2). Street parking
in the vicinity of the project site is allowed on the following
streets:
West
Both
West
and,
East
side of Palm Street;
sides of East Bay Avenue;
side of Adams Street north
side of Adams Street south
of East Bay Avenue;
of East Bay Avenue.
The Orange County Transit District operates two intercommunity
routes which serve the project area. These are Routes 51 and
53, which travel along Balboa Boulevard.
Pedestrian circulation in the vicinity of the project site is
concentrated on the bayfront pedestrian path of Edgewater Place,
and sidewalks within the public right-of-way of adjacent
streets. Although Edgewater Place is designated for pedestrian
circulation only, and signs prohibiting bicycle traffic are
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posted, the walkway is popular for bicycling and is frequently
congested with pedestrians and bicyclists.
Impacts
Access and Circulation
It is estimated that the proposed project could contribute about
239 average daily trips (ADT) to traffic on surrounding streets
as a result of the proposed daytime uses (i.e., commercial re-
tail, cafe/lounge and office). An estimated 179 ADT will be
generated by the proposed evening uses, (i.e., cafe/lounge and
restaurant). These estimates are for the maximum possible trip
generation based on rates provided by the City Traffic Engineer
and the following squa!e footage per proposed use: (a) daytime
only -3,533 G.S.F .. retail, 7,351 N.S.F. office, (b) daytime
and evening -737 N.S.F. cafe/lounge and, (c) evening only -
2,840· N.S.F. restaurant (Appendix A). The estimated total
traffic to be generated by the proposed project represents
similar traffic volumes to the estimated 397 daily trips gene-
rated by existing uses on the site.
Based on the minimal increase in traffic to be generated by the
proposed uses, it has been determined that the project does not
require a separate Traffic Phasing Study in compliance with the
City's Traffic Phasing Ordinance (R. Edmonston, pers. comm.).
However, a number of access and circulation issues must be ad-
dressed.
The project plans contained in Appendix A show the driveways
to the ramps of the parking structure adjacent to one another
and located on Adams Street. As a function of the location of
access to the parking structure, primary vehicular access to the
project site will be via Adams Street. Cars may turn direct-
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ly from Balboa Boulevard onto Adams, or may choose to turn onto
Palm Street to East Bay Avenue to Adams.
This access pattern will result in increased left-turn movements
from Balboa Boulevard at Adams and Palm Streets. There is cur-
rently no left-turn lane on Balboa Boulevard at the Adams Street
intersection. Left turns from Balboa Boulevard onto Palm Street
are frequently restricted by traffic queuing for the Ba,lboa
Island Ferry. Although there is currently no traffic signal at
the Palm Street intersection, the City is investigating installa-
tion of a signal in conjunction with other development in the
Central Balboa area (D. Webb, pers. comm.). The proposed situ-
ation of access to the parking structure on Adams Street between,
East Bay Avenue and the alley, and the resulting circulation
pattern, should be reviewed and approved by the City Traffic
Engineer.
Although the proposed project will not generate signif'icantly
more vehicle trips than existing uses, the resulting circulation
pattern will direct significantly more trips onto Adams Street
than present routing to the project site. Adams Street is rela-
tively narrow (i.e., 30 feet) with on-street parking on alternat-
ing sides of the street. The street is currently lightly travel-
led.
In addition to traffic generated during the long-term operation
of the proposed project, vehicle and construction equipment move-
ments during the construction phase present a potentially signi-
ficant concern. Interference with peak seasonal traffic is of
particular concern as a result of the project site location adja-
cent to the Balboa Island Ferry landing on Palm Street in the
Central Balboa area of the peninsula. In addition, site access
for construction purposes may be somewhat constrained by the
relatively narrow streets and on-street parking surrounding the
project site. Finally, the City will require assurance that con-
struction activities will not interfere with continued public
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pedestrian circulation on Edgewater Place, along the northern
boundary of Parcell. Conditions H through V (Appendix C) have
been formulated to adequately mitigate potential construction-
related impacts of the proposed project.
Parking
The proposed parking structure on Parcel 2 will contain 89
spaces; 3 additional spaces, including a loading space, will be
situated on Parcell. The parking structure features "Space-O-
Matic" parking machines which double the capacity of the indivi-
dual space in 42 spaces. Also, 21 of the on-site spaces, or 23%
of the total parking spaces, are proposed to be for compacts.
This will require approval of a modification of the City's cur-
rent code requirements. The proposed parking facilities are
described in summary in Table III-2.
The two levels of the parking garage are reached by conventional
ramps with stairways for pedestrian access. It is proposed that
all parking in the structure will be valet service. The project
plans show the attendants' booth at the entrance driveway on
Adams Street. Review of the floor plans (Appendix A) indicates
there is minimal room within the structure for queuing cars wait-
ing to be parked. In order to avoid possible queuing on Adams
Street whi~h could back up onto East Bay Avenue, the applicant
must prepare an operations plan for the parking structure which
satisfies the City Traffic Engineer's requirements.
In response to this concern, an analysis has been prepared of
the peak inbound and outbound trips expected for the proposed
project. Appendix D contains the traffic volume analysis prepar-
ed by Kunzman Associates. This analysis shows the peak daily
vehicle trips associated with the mixed use project will occur
between 5:00 and 7:00 p.m., with the most critical one-hour
period occurring from 6:00 p.m. to 7:00 p.m., wi~h a total of 28
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inbound vehicles and 14 outbound vehicles expected during that
time. This would result in approximately 2 inbound vehicles and
one outbound vehicle every 4 minutes, or a little le~s than one
vehicle movement every minute during the peak hour (Kunzman
Associates, 1983). The operational plan for the parking struc-
ture will be required to satisfactorily accommodate the estimat-
ed peak parking movement demand in addition to normal operations
throughout the day and evening.
The City's parking requirements for the proposed daytime retail,
cafe/lounge and office uses will be 62 spaces, calculated as
follows: 10,884 SF (gross retail area + net office area) at 1
space"per 250 SF = 44 spaces, and 737 SF (net cafe/lounge) at
1 space per 40 SF = 18 spaces. As noted in Section II, the pro-
ject owner also has an existing cross-parking agreement to pro-
vide 15 parking spaces for the Fun Zone marina. Therefore, the
total City parking requireme~t for daytime uses is 77 spaces. In
addition, the project owner proposes to supply 12 parking spaces
in a new cross-parking agreement with Art's Landing, the adja-
cent commercial charter fishing business. This results in a
total daytime parking need of 89 spaces for the proposed uses,
existing parking agreement and the proposed new parking agree-
ment. The proposed project provides a total of 92 spaces, includ-
ing the 2 handicap spaces and one loading space on Parcell.
The proposal to limit the restaurant operations to evening only
results in an evening parking requirement for 89 spaces. The
evening parking requirement is derived from calculating 1 space
per 40 SF for the 3,577 SF of net cafe/lounge and restaurant
area. This assumes that the office and retail uses would discon-
tinue in the evening hours, and the two off-site parking agree-
ments are for day use only.
Final parking considerations related to the proposed project
include the fact that the project will eliminate the existing
driveways into the project site on East Bay Avenue. Elimination
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of the multiple driveways and associated red "No Parking" curbs
will create space for an estimated four to five additional on-
street spaces along the north side of East Bay Avenue. The four
existing metered spaces on this side of East Bay Avenue will
also remain.
Other Circulation Considerations
As shown on the conceptual s'ite plan, the proposed development
will utilize virtually al+ of the frontage of Parcel 1 along
Edgewater Place. This will effectively terminate vehicular ac-
cess to an existing boat crane and boom located on Edgewater
Place (Figure 2). However, the boat crane will be maintained in
association with the boat rental facilities on the site.
As currently proposed, landscaping on Edgewater Place would like~
ly interfere with existing pedestrian circulation along Edge-
water Place. The project plans show a double row of decorative
trees located in the middle of Edgewater Place, along the entire
frontage of the building. Edgewater Place is a heavily used
public pedestrian pathway. The proposed landscaping could signi-
ficantly interfere with these activities and the open quality of
the existing "boardwalk". The proposed project will not inter-
fere with pedestrian activities on all other sidewalks adjacent
to the, project site, and will provide additional pedestrian open
space through the commercial retail building on Parcell.
Mitigation Measures
MM7 The location and operation of ingress and egress
for the proposed parking structure shall be reviewed
and approved by the City Traffic Engineer prior to
issuance of a grading permit. This approval shall
include provision of an operations plan for the park-
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MM8
~9
MMI0
~11
~12
ing structure to adequately accommodate daily and
peak-hour parking movements in a manner acceptable
to the City Traffic Engineer.
The final design of on-site vehicular and pedestrian
circulation shall be reviewed and approved by the
Public Works and Planning Departments prior to issu-
ance of the grading permit. This should include
investigation of the necessity of the following
actions:
a.
b.
widening existing sidewalks on Adams Street
and East Bay Avenue; and,
revising the type and location of landscaping
proposed for Edgewater Place.
Handicap and compact parking spaces shall be desig-
nated by a method approved by the City Traffic En-
gineer.
Handicapped parking shall be provided in a manner
and quantity approved by the City Traffic Engineer.
The handicapped parking shall be designed so as to
be conveniently located near .the elevator.
The design of all parking shall be subject to fur-
ther review and approval of the City Traffic En-
gineer.
The applicant shall allocate free employee parking
on-site in a manner approved by the Planning Depart-
ment to eliminate employee-related parking in pro-
ject area on-street spaces.
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MM13
MM14
MM15
MM16
MM17
MM18
MM19
The applicant shall prepare and implement a plan
to ensure that all vehicles parked in the "Space-O-
Matic" parking machines are accessible to their
owners for departure when parking attendants are
off-duty. This shall include but not be limited to
provisions that valets shall be required from one
hour before to one hour after normal business hours
of all building tenants, and access to tandem and
"Space-O-Matic" spaces shall be controlled during
any time when valets are not present.
The applicant shall cooperate with the City Traffic
Engineer and Public Works Department to determine
the potential necessity for left-turn facilities
on East Balboa Boulevard at Adams Street.
The app.licant shall share the cost of signalization
of the intersection of East Balboa Boulevard and
Palm Street according to the requirements determined
by the City Traffic Engineer.
Should the conditions of approval of this project
reduce the number of required on-site off-street
parking spaces, the "Space-O-Matic" parking spaces
shall be eliminated first.
"Space-O-Matic" devices shall not encroach into re-
quired stall sizes.
The parking program shall be designed so as to be
a part of any lease agreement and lessees shall not
be required to buy validation on an optional basis.
Prior to the issuance of any building, grading
and/or demolition permits for the project, the appli-
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MM20
cant shall agree to make such minor changes to the
project as may be caused by revisions to the Central
Balboa area overall circulation system. The agree-
ment shall be subject to the approval of the City ,
Attorney's Office and Planning Department.
The applicant shall deposit $15,000 for a feasibil-
ity study of a tram shuttle. The applicant shall
also agree to participate in the implementation of a
tram shuttle system, should it occur, on a pro rata
basis, based on square footage equal to other mer-
chants in the area.
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3.0 AIR QUALITY
Existing Conditions
Present air quality at the site is a result of local meteor-
ology and the release of air contaminants from the surround-
ing urban areas. Local vehicular traffic is the major gener-
ator of air pollution in the project area. Additional sources
of air pollutants within the area include the marine-related
activities (i.e., diesel and gasoline powered motors, mar~ne
fuel and repair docks) and vehicular traffic queuing for
the Balboa Island ferry.
Air pollutants generated by existing uses on the project
site are limited to vehicular emissions associated with
traffic generation and parking activities.
Impacts
Implementation of the proposed project will result in a
minor increase in traffic volumes in the project area.
Motor vehicle emissions associated with access, circulation
and parking comprise the majority of the air pollutants
to be generated by the project. These additional emissions
will constitute a minor increase in ambient concentrations
of primary pollutants over those contributed by current
activities on the site.
Short-term impacts will result from demolition, grading
and construction activities. Demolition and grading activi-
ties will generate dust and particulate matter. The great-
est short-term impact will result during demolition of
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existing buildings on the site. Dust emissions during demo-
lition and grading activities can ordinarily be controlled
by watering the graded area. Exhaust emissions will be
generated by heavy-duty vehicles (i.e., trucks and bull-
dozers) and on-site construction equipment. In the context
of ambient project area emissions, the emissions resulting
from these operations will be minor. Over the long-term,
the project will result in a minor increase in local motor
vehicle traffic and, subsequently, a small incremental
increase in air pollutant emissions over those currently
generated by site uses. 'It is not anticipated that the
project will cause 'any violation of air pollution standards.
Mitigation Measures
MM21 A dust control plan shall be prepared for the project,
and be submitted and subject to the approval of the
Building Department. Such a plan may be prepared
and submitted in conjunction with the erosion control
plan recommended in Section III, 5.0 Water Quality.
The dust control plan shall provide for minimizing
fugitive dust emissions during demolition and construc-
tion, including methods such as watering, containing
excavated soil on-site until it is hauled away, and
periodically washing adjacent streets to remove accu-
mulated materials.
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4.0 NOISE
Existing Conditions
Noise sources and sound levels in the project area are
typical of urbanized commercial/recreation areas. The exist-
ing noise environment around the project site is dominated
by motor vehicle nois~. Palm Street is the only access
for the Balboa Island ferry from Balboa Peninsula. Conse-
quently, during peak summer months and weekends, traffic
will queue along Palm Street, adjacent to the project site,
while waiting to board the ferry. Marine-related activities,
specifically boat traffic on Newport Harbor, are additional
noise sources. Occasional aircraft overflights by emergency
and police helicopters, and light planes and jets from
John Wayne Airport contribute to the urban noise environ-
ment.
Impacts
The proposed project will be impacted by motor vehicle
noise on adjacent streets and other noise sources in the
project area. However, noise levels are not excessive and
the proposed commercial retail/office uses are considered
compatible with current and anticipated future noise levels
in the area.
Short-term noise impacts will result from noise associated
with demolition and construction activities on the site.
Residences adjacent to the south and west sides of the
project site would be impacted by excessive noise generated
on the site.
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The incremental increase in motor vehicle-generated noise
in the project area will not significantly change the noise
environment associated with present uses. Some additional
noise will be generated by activities associated with the
proposed parking garage. The first and second stories of
the parking structure facing East Bay Avenue and Adams Street
are not entirely enclosed (see Appendix A). Therefore, vehic-
ular noise associated with parking activities will be audible
outside the structure.
Mitigation Measures
MM22 Prior to issuance of any building permits authorized
by the approval of the use permit, the applicant shall
deposit with the City Finance Direc'tor the sum pro-
portional to the percentage of future additional traf-
fic related, to the project in the subject area, to be
used for the construction of a sound attenuation bar-
rier on the southerly side of West Coast Highway in
the West Newport Area.
MM23 The demolition, grading and building permits to be
issued for the proposed project shall include provi-
sions for limiting such activities to hours considered
acceptable for the project area.
MM24 The driveway surfaces in the parking structure should
receive appropriate treatment to minimize or eliminate
tire noise, and strict speed control within the struc-
ture should be observed by parking attendants to
further mitigate potential noise associated with park-
ing activities.
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5.0 WATER QUALITY
Existing Conditions
The project site is currently covered with several two-story
and single-story structures, interspersed with parking
lots and the alley, which are paved with asphalt. The site
drains to Palm Street and East Bay Avenue, where existing
drainage structures collect street runoff and discharge
it to Newport Harbor. Additional drainage occurs across
Edgewater Place and· directly to Newport Harbor.
Impacts
The project site is totally covered with existing impervious
surfaces. Because the square footage of the proposed project
will not change the area of impervious surface, runoff
volumes will not change significantly. However, during
demolition and grading there will be an increased potential
for sediment content in runoff from the site.
The City of Newport Beach has adopted a series of mitigation
techniques designed to reduce water quality impacts of
construction activities to acceptable levels. The City
will require that an erosion/runoff control plan which
incorporates those mitigations applicable to the proposed
project be submitted to the Building Department and approved
by the City Grading Engineer prior to demolition, grading
and construction. The mitigation measures and conditions
identified in this Initial Study will control short-term and
long-term potential adverse impacts on water quality in
Newport Harbor.
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The Director of the Public Works Department has indicated
that the bulkhead along the northern boundary of Edgewater
Place must be raised to 9 feet above mean lower low water
(MLLW). City records show the existing bulkhead is likely
at 8 feet above MLLW. The applicant will be required to
make the necessary improvements to the bulkhead and corres-
ponding grade alterations in sidewalks adjoining the bulkhead
and prescriptive rights area of the project site (Section II).
Mitigation Measures
MM25 Development of the site shall be subject to a grading
permit to be approved by the Building and Planning
Departments.
MM26 The grading permit shall include a description of haul
routes, access points to the site, and a watering and
sweeping program designed to minimize impacts of haul
operations on the public streets. The routes and
cleaning program shall be approved by the Public Works
Department.
MM27 The grading plan, if required, should include a com-
plete plan for temporary and permanent drainage facili-
ties to minimize the potential water quality impacts
from silt, debris and other water pollutants.
MM28 All on-site drainage shall be approved by the Building
Department.
MM29 An erosion and siltation control plan shall be prepared
and submitted to the Building Department and shall be
approved by the City Grading Engineer, and a copy shall
be forwarded to the California Regional Water Quality
Control Board-Santa Ana Region, ten days prior to any
construction activities.
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MM30 Upon completion of construction, a cleanup program
(weekly during the winter and daily during the summer)
shall be conducted around the docks and public walks.
The applicant shall provide for weekly vacuum 'sweeping
of all parking areas, drives, walkways and non-standard
pavement areas.
MM31 A landscape and irrigation plan for the project shall
be prepared by a licensed landscape architect. The
landscape plan shall integrate and phase the installa-
tion of landscaping with the proposed construction
schedule. Prior to occupancy, a licensed landscape
architect shall certify to the Planning Department
that the landscaping has been installed in accordance
with the approved plan.
MM32 The landscape plan shall be subject to the review of
the Parks,Beaches and Recreation Department,the Public
Works Department, and the approval of the Planning
Department.
MM33 The landscape plan shall include a maintenance program
which controls the use of fertilizers and pesticides.
MM34 The landscape plan should place heavy emphasis on the
use of drought-resistant native vegetation and fire-
retardant vegetation, and be irrigated with a system
designed to avoid surface run-off and over-watering.
MM35 Prior to issuance of the grading/demolition and build-
ing permits, the applicant shall provide a complete
plan for litter and debris control during construction
to be approved by the Planning and Marine Safety Depart-
ments to ensure that no debris is permitted to enter
Newport Harbor. Such a plan may include the installa-
tion of on-site devices in a manner approved by the
Building Department.
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MM36 An engineer's report on the adequacy of the existing
bulkhead, including inspection and evaluation of all
tie rods and verification of its elevation, shall be
.prepared by the applicant prior to the issuance of a
grading permit and approved by the Building and Marine
Safety departments.
MM37 A Harbor permit and a U.S. Army Corps of Engineers
permit (if required) shall be obtained prior to any
alteration of the bulkhead.
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6.0 GEOLOGY AND SOILS
Existing Conditions
The project site is presently covered by existing structures
and paved surfaces. Located on the Balboa Peninsula, soils
in the project area consist largely of sand and fill. The
project site 'is in close proximity to the Newport-Inglewood
fault zone. The Public Safety Element of the Newport Beach
General Plan categorizes the area as being of moderate
risk and subject to potential hazard from liquefaction.
Impacts
The project site could be impacted by a seismic event along
the Newport-Inglewood faul zone. The Newport Beach General
Plan indicates that the area has a potential for liquefac-
tion. Although the site is currently developed, it may
not be stabilized in accordance with current geotechnical
recommendations because of the age of existing structures.
A soils and geotechnical investigation will be prepared
for the site and mitigating techniques will be prescribed,
as necessary, for any geotechnical consideration. Applica-
tion of current soils and construction engineering stand-
ards, as enforced by the City of Newport Beach, should
mitigate potential seismic risk to acceptable levels.
Application and enforcement of current construction, seismic
safety and soils engineering standards will mitigate any
potentially adverse effects related to soils and geological
conditions on the project site. These standards are enforced
through the "plan check" and project review process conduct-
ed by the Building Department prior to issuance of a build-
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ing permit, and by on-site construction/building inspections
conducted by City Building inspectors.
It is currently estimated that construction of the proposed
project will require export of approximately 896 cubic yards
of material from Parcel 2 of the site(D. Collins, pers.comm.).
However, the actual amount of export may be modified by the
probable need to raise the pad elevation on Parcel 1 consis-
tent with the required grade elevation on surrounding public
improvements (i.e., the bulkhead, sidewalks). If the soil
on the site is found suitable for fill material, it will be
used on-site for any grade elevation requirements (D. Collins,
pers.comm.). The mitigation measures and conditions identi-
fied herein for regulating construction-related activities
should adequately mitigate any adverse effects of the trans-
pory of export material from the site.
Mitigation Measures
No additional measures are required.
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7.0 PUBLIC SERVICES AND UTILITIES
Existing Conditions
The project site is within an urbanized area receiving
all the services normally accompanied by development.
The project site lies within the service areas of the follow-
ing agencies:
Services
Solid Waste Disposal
Fire Protection
Police Protection
Utilities
Electricty
Gas
Water and Sewer
Telephone
Impacts
Agency
City of Newport Beach
City of Newport Beach
Newport Beach Police Department
Southern California Edison Company
Southern California Gas Company
City of Newport Beach
Pacific Telephone & Telegraph Company
The proposed project will incrementally increase the demand
on energy supplies and public services associated with com-
mercial retail and office uses. It will reduce service
demands associated with residential uses because the exist-
ing residential units will be eliminated. Energy consumption
by the proposed uses should not vary significantly from
that associated with existing uses, however, in keeping
with City policy and other agencies' policies, every effort
should be made to reduce energy consumption.
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Public service, emergency and delivery/service vehicular
access to and through the project site will be provided by
the alley, which bisects the site and connects Adams and Palm
Streets. The existing alley will be improved and maintained
by the property owner. Improvements to the alley and im-
plementation of the proposed project should not interfere
with the continued use of the alley for service and emer-
gency vehicle circulation. Project plans contained in Ap-
pendix A show that a delivery/service loading space and trash
receptacle will be provided on Parcell, north and outside
of the alley alignm~nt.
A potential concern for public safety is revealed in review
of the design of the public space between the proposed build-
ings and the design of the parking structure. The proposed
project design has resulted in creation of relatively en-
closed spaces by the restrooms on the ground floor of Parcel
1 and along the walkway between Parcel 2 and adjacent exist-
ing structures at the corner of Palm Street and East Bay
Avenue (Sheet A-2, Appendix A). These areas have a high
degree of public accessibility with a low degree of public
visibility from adjacent streets and sidewalks. In the pre-
dominately pedestrian environment of the Fun Zone area, this
situation could present a potential security concern. This
concern may be partially mitigated by the ample ground level
walk-through provided from Edgewater Place to the alley.
Also, the proposed lighting concept, on-site project manage-
ment and the general revitalization of the project area
should all combine to improve existing conditions. Security
concerns may also be somewhat mitigated by the presence of
valet service parking attendants in the parking garage. How-
ever, the actual ability of these personnel to survey the
area is not guaranteed, and would not be available during
night and early morning hours when the parking structure
would be closed.
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A related concern is associated with the open quality of the
ground floor of the parking structure facing East Bay Avenue.
However, the proposed architectural and landscape treatment
shown in the elevations in Appendix A should provide oppor-
tunity for surveillance and security of the ground floor of
the parking garage while also providing some visual relief
from a potential walled effect at the pedestrian street level.
Mitigation Measures
MM38 The project shall be designed to comply with Title 24,
Paragraph G, Division T-20, Chapter 2, Subchapter 4 of
the California Administrative Code (Insulation Standards).
MM39 Final design of the project shall provide for the in-
corporation of water-saving devices for project lava-
tories and .other water-using facilities.
MM40 Final design of the project shall provide for the
sorting and collection of recyclable material from
other solid waste. Prior to occupancy of the buildings,
the program for sorting recyclable material shall be
developed and approved by the Planning Department.
MM41 Heating and cooling systems shall be designed to take
advatage of the natural site orientation and existing
natural ventilation patterns to the maximum degree
practical.
MM42 Final design of the project shall provide for adequate
security lighting in public areas and the parking
structure.
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MM43 Any necessary relocation of public utilities shall be
coordinated with and approved by local utility com-
panies and public agencies as appropriate.
MM44 The owner shall grant public access rights to the City
and enter into an agreement with the City to keep the
area from the bulkhead to the proposed structure free
from hindrances to public access, and to repair and
keep the area in a good and safe condition at their
sole cost and expense.
MM45 A 35 foot-wide surface easement shall be granted to
the City for pedestrian use along the Bay side of the
property (i.e., on Edgewater Place).
MM46 A minimum 15-foot clear area shall be maintained within
the easement area that will exist from the proposed
building line to the bulkhead line. The exact loca-
tion and des.ign of said area shall be subject to the
approval of the Planning Department, Public Works De-
partment, and Parks, Beaches and Recreation Department.
MM47 The landscaping plans adjacent to the parking garage
entrances shall be reviewed and approved by the Public
Works Department and the Department of Parks, Beaches,
and Recreation for sight distance requirements.
Public Safety Mitigations
MM48 Twenty-four hour security shall be required on the
project site as approved by the City of Newport Beach
Police Department and Planning Department.
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MM49 Prior to issuance of the building permits, the Fire
Department shall review the proposed plans and may
require automatic fire sprinkler protection.
MM50 Fire vehicle access to buildings on the site shall be
approved by the Fire Department for all public right-
of-ways and easements improved by the applicant·, and
all access to the buildings (i.e., entrances, exits,
stairways) shall be approved by the Fire Department.
MM51 All on-site fire protection (hydrant and Fire
Department connections) shall be approved by the Fire
and Public Works Departments, and all buildings on the
project site shall be equipped with fire suppression
systems approved by the Fire Department.
MM52 The proposed project shall incorporate an internal
securing system (i.e., security guards, alarms, access
limits after hours) that shall be reviewed by the
Police and Fire Department and approved by the Planning
Department.
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8.0 AESTHETICS
Existing Conditions
The combination of environmental and land use factors des-
cribed in the preceding parts of this section produces
the visual and aesthetic characteristics of the project
area. The photographs in Figures 4 and 5 show the existing
visual quality and scale of development on and adjacent
to the project site. As noted previously, the project area
is entirely developed with one-and two-story structures
and surface parking lots. Vegetation consists of decorative
street, trees and landscaping. Figure 6 shows views on
the periphery of the project site, on Palm Street, East
Bay Avenue and Adams Street.
The primary amenity and dominant feature of the project
site is its location adjacent to Newport Harbor and the
project area's consequent appeal as a tourist-and recrea-
tion-oriented destination. Pedestrian activitie's along
the bayfront and the adjacent Fun Zone and Main Street
area of Balboa are predominant. The project site is located
at the western corner of the Balboa Peninsula landing of
the Balboa Island Ferry. This gateway position places the
project site in a predominate location in the recreational
and commercial core of the north side of the Balboa Penisula.
Impacts
Elevations of the proposed three-storY'commercial building
and parking structure are shown in Appendix A. The elevations
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B. View west on E:. Bay
Avenue.
','
A. View north on Palm St.
, ,
~' :' is;''''' " •• ' , I . , , ' -.. ": " '.
',' _.
c. View nor.th on Adams
Street.
VIEWS AROUND
THE PROJECT SITE'
Figure 6
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illustrate the scale relationship of the proposed project
to adjacent existing uses and structures. As noted earlier
in this report, the proposed maximum 35 foot height of
these structures will require approval of a use permit
by the Planning Commission. In reviewing the project to
make the necessary findings for approval of the use permit,
the Planning Commission will review the overall mass and
volume of the proposed structures, proposed open space
areas, and compatibility of the appearance of the project
with adjacent uses and development guidelines for the project
areas.
Part 1.0 Land Use of this sectiqn notes the relationship
of the proposed structures to adjacent uses. In the predom-
inately pedestrian environment of the project area, archi-
tectural details of the structures and their relationship
to the sidewalk will be especially important. With respect
to the parking structure, it should be noted that the mass
of the building will be greater than any other existing
development along East Bay Avenue and Adams Street. The
pedestrian levels of the structure are treated with openings
and architectural'details to soften the effect on the street.
Another important aesthetic component of the project will
be the type, scale and location of landscaping and other
improvements in the public and semi-public areas of the
project site. The entire project area is currently undergoing
a revitalization through redevelopment of older existing
uses. It will be important for the City to coordinate these
efforts and encourage cooperation among the area's developers
and property owners to achieve sensitive and consistent
development of the bayside of Central Balboa. These concerns
can be addressed through application of mitigation measures
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identified earlier in this report for preparation of the
project landscape plan and the standard City condition re-
quiring that the project be developed in substantial con-
formance with the approved plans (Appendix C).
Mitigation Measures
MM53 The project lighting system shall be designed and main-
tained in such a manner as to conceal the light source
and to minimize light spillage and glare to the adjacent
area. The plans shall be prepared and signed by a
licensed electrical engineer, with a letter from the
engineer stating that, in his opinion, this requirement
has been met.
MM54 Nightime lighting shall be limited to that which is
customary for normal business operations and consistent
with the proposed project design and architectural
style. Outlining of the proposed structure shall be
permitted in a manner consistent with that of the
Pavilion. The outlining, if accomplished, shall use
smaller and dimmer bulbs than the Pavilion. Said
lighting plans shall be approved by the Planning Director.
MM55 The structure shall retain a single design theme (both
interior and exterior). Signage shall be of a similar
design throughout the building, and shall be approved
by the Planning Director.
MM56 The landscape plan shall be designed so as to be vis-
ually cohesive with the character of the Central Balboa
area. Palm Street shall be planted with palm trees.
East Bay Avenue, Adams Street and Edgewater Place shall
be landscaped with trees in such a manner as to achieve
a canopy effect similar to Main Street in the Central
Balboa area.
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MM57 Street signs, tables, benches, planters, and other
similar features onsite or adjacent to the project site
shall be designed with a common theme and shall be ap-
proved by the Public Works, Parks, Beaches and Recrea-
tion, and Planning Departments.
MM58 Special paving treatment common to the project shall
be provided for the public sidewalk areas on Palm
Avenue and East Bay Avenue, and from the proposed build-
ing line to the bulkhead line and for all of the alley
in a manner ~cceptable to the Public Works and Planning
Department.
MM59 Any tables in the pedestrian easement area, shall be
for general public use and no food shall be served to
customers at the tab+es by adjoining restaurants.
MM60 Street trees shall be provided along the public streets
as required by the Public Works Department and the
Parks, Beaches and Recreation Department.
MM61 Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regularly
trimmed and kept in a healthy conditio~.
MM62 Maintenance agreements shall be required for all non-
standard landscape improvements and materials and will
be subject to approval by the Parks, Beaches and Recre-
ation, Planning, and Public Works Departments.
MM63 All mechancial equipment, vents, and other service
equipment shall be shielded or screened by architec-
tural design.
57
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REFERENCES
AND
PERSONS AND ORGANIZATIONS CONTACTED
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REPORT PREPARATION
The Butler Roach Group, Inc ..
505 Lomas santa Fe Drive, Suite 160
Solana Beach, .CA 92075
(619) 481-9704
Patricia A. Butler
Project Manager and Principal Investigator
PERSONS AND ORGANIZATIONS CONTACTED
City of Newport Beach
1. Fred Talarico
Environmental Coord.
Planning Department
2. Craig Bluell
3.
4.
5.
Others
Senior Planner
Planning Department
W. William Ward
Senior Planner
Planning Department
Mel Haugey
Counterman 2-Zoning
Planning Department
Chris Gustin
Associate Planner
Planning Department
6.
7.
8.
9.
10.
11.
1. David Collins 3.
2.
Sheldon L. Pollack Corp.
(Project Architect)
3938 Wilshire Blvd.
Los Angeles, CA 90010
Robert Ozibko, R.C.E.
UMA/RGB Engineering
17762 Cowan Street
Irvine, CA 92714
4.
R-l
Rich Edmonston
Traffic Engineer
Public Works Department
T. C. Dailey
Fire Marshal
Fire Department
Dick Hoffstadt
Public Works Deptartment
Tony Melum
Marine Safety Department
Bill Laycock
Planning Department
Don Webb
Director
Public Works Department
Bob Snyder
Balboa Island Ferry, Inc.
410 S. Bayfront
Balboa Island, CA 92662
Project Sponsor
Balboa Bayview Dev., Inc.
309 Palm Street
Balboa, CA 92661
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REFERENCES
City of Newport Beach, 1'981
Draft Land Use Plan of the Local Coastal Program.
Planning Department, City of Newport Beach.
Ibid., 1980
Circulation Element of the Newport Beach General Plan,
adopted March 11, 1973, as amended through 1980. Plan-
ning Department, City of Newport Beach, CA.
Ibid., 1980
Land Use Element of the Newport Beach General Plan,
adopted May 29, 1973, as amended through March 24, 1980.
Planning Department, City of Newport Beach, CA.
Ibid., 1979
Newport Beach Municipal Code, Title 15, Chapter 15.40
Traffic Phasing Ordinance. City of Newport Beach, CA.
Ibid., 1974
Newport Beach Municipal Code, Title 19, Subdivisions.
City of Newport Beach, CA.
Ibid., n.d.
Newport Beach Municipal Code, Title 20, Zoning.
City of Newport Beach, CA.
Ibid., 1973
Newport Beach Land Use Plan. Planning Department, City
of Newport Beach, CA.
Kunzman Associates, 1983
"Analysis of Peak Inbound and Outbound Traffic Volumes
for the proposed Bayview Center development".
Irvine, CA.
VTN Consolidated, Inc., 1981
Aerial photograph of the project area -Report cover.
Irvine, CA.
R-2
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APPENDIX A
PROJECT SITE PLAN
FLOOR PLANS AND ELEVATIONS
- - - - - - -
NO.8EaT W. PIEPER A.I.A., INC.
AICHllielS _ IHoOINUU _ ................... _ ........... "" CAt_ ..... . .., ...... ..
-- -
Bayview Center
-
,
"I-
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Itt": 1·...(1"
- --- -
Newport Bay
_ I'"
Edgewater Place
~~' "'," ~"-"
..... I • i I " .~~Vi:---!'
"
COlolU£flerALlREfA"
~---
East Bay Avenue
il
SHELDON L. POLLACK
COI,OIAtlOM __ .. -..... ___ .n. ---
-- -
A-1
-------------------
-r-----_______ _
I -------
--------[ -
I : J .. I
:::.:._ --::---::"-_ ... -".. ......-c -...._ ''''-un uu __
~ --=:--"' ... om ...... om
-------+
" '=-1
,
~
~
!
---j-
I SHELDON l. POLLACK
co.rO .... TlON _ _ ..,......._ __Ul ..... __ "........ ..
==l _ . A-2
---------------------------------------------------. - - -
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- - - -
NOlBEaT W. PlUEI A.I.A., INC.
01.1(""1(1$ _ INCIINIlU
:lUI ........ -.,_ .... _ ....
au ... .", ,,'."om
--- --
¥<j--~~'--1-T'<-t_-_______ Ir:.".
BayvJew Center SECOND FLOOR PLAN
III'! ,'-0"
- - - -
TI
= ,
SHE l DON L. , 0 L LAC K
CO.,OtAtlON __ -.u. ___ UI. ... __
"", .. , ...
L ________________________________________________ _
- --
- - --- - --- -
1
Jltt'
-----.. --=.!:.... s;,;£ .. -~-::-.. =:'E _ ... NO.BElT W. PlE'ER A.I.A., INC.
AUHlllClI _ INOI"'I&$
BayView Center
-- -
ng:u) A.OOR PlAN
11.": 1"-0-
---
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SHELDON L. POLLACK
COI'OIA'ION
---
-- - ----
NOR.Ul W. 'IEPn A.I.A •• INC.
.... cM'''en _ UHUNIIU
--
T
J.
Bayview Center
llllniPOllT RAeif ~
--- -
ROOF PLAN
- - -
SHELDON L. '_OLLACK
COI'OtArION ---..-"'"-.... ....... " ..
L ______________________ ~ ___________________________ _
-- -
A-5
- -- -- -- -- ---- ---
-
-E-DGEWATI"'-P-LAC-~-----' ----.-;------~----~------
ALLEY -NORTH
NOUERT W. PIEPER A.I.A., IHC.
.... CHIII(IS _ U"I)'HUlI .. -..-............. " .. -_ ..
"' ..... m "' ...... '"
Bayview Center
ELEVATIONS
111', 1'-0"
5 H E L DON l. • 0 l L 1..-C K
COIPOIA1ION
---
A-6
- - ----- --
EAST BAY AVENUE
ADAMS STREET
AlLEY -S~UTH
NOUERT W. 'JEPElt A.I.A., INC.
"RC:HIIiCU _ (NOlNnlS Bayview Center
... W'-OIlT .... CH CAl.»"OIDM ......... "
-- --
B.EVATlONS
IIr, ,'-0'
---
~oiI--+----w~...w.
$ H E L DON L. , 0 L LAC It
co.rOIATIOH
_ -..-__ UI, c.ouo __
- --
A-7
- -
----------------------------------------------------, -- --
-,
SECTION B-B
NORIEU W. PU:'U A.I.A., tNC.
.... C)lIIlCn _ INOINIIU _ .....-....... _ .. 0 ..... "... __
.. "'-..... --
-- -
~ECTION A-A
Bayview Center
fIE_lIT IIEAQf CAUI'OIIHI4
- --
SECTIONS
111'~1-O"
- --
SHE L DON L. , 0 1 LAC K
COI,O'.IITION ---....---....
- --
A-a
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I APPENDIX B
I DISTRICTING MAP NUMBER 11
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PAD ND.{;f4 .... 40-• ..., 'JY:'~ 4a:I.... .cVAW'
""-'lAO ~ J;~ ''':J4,,$A"J''~,.<'",.ftw~., ..c ..... Z'rZ.r:·tI-
~~ 14~ INJ 1.~/7. JiU."/, I14UilI r,Urr;1dM U 10 Z.'i
( .. ~ ~.,_.'" ~ N/J. JUt. UTlI# III 4lJt'.~. NIW'OU 4fy n. r.t;N N~K.z
'4..ull J.U'11
CCCI IIUTl'II:fIOII ~ (II ~l na TO ~" •• r;cr .rn..r.;x TO WOC ____
~.~ _" ___ tl$ 1Cf1IU. '1:' _ :r 111tCn
Q~ Nt "IT urJ '.'.,",I-f."',*. MJT 1I.,I'IC:>ItA 4.-l __ "'6a.~,l). »n
*~ IfI m¥ ~fJCJ't,;::::'M:::;:!...~::::::..~::t:;'j'l:/n
?
.• " :t".:.':t-;:-;: 'W
OF -,~
- --- -- -
D I'S T RIC TIN G
CH
BALBOA
MAP
LlQHT GOw.W£RClAL
GEHERAl. ComIEROAl.
WAUUfll.CTlUUH8
I.IiCUSSlflED
- -- ---
ISLAND
_.W»' "Ito.
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APPENDIX C
FULL TEXT OF MITIGATION MEASURE (MM) 1
and
OTHER STANDARD CITY CONDITIONS
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FULL TEXT OF MITIGATION MEASURE (MM1)
MM1. The following disclosure statement of the City of
Newport Beach's policy regarding the Orange County
Airport should be included in all leases or sub-
leases for space in the project and shall be includ-
ed in any Covenants, Conditions, and Restrictions
which may be recorded against the property.
Disclosure Statement
The Lessee herein,. his heirs, successors and assigns ac-
knowledge that:
a) The Orange County Airport may not be able to provide
adequate air service for business establishments'
which rely on such services;
b) When an alternate air facility is available, a com-
plete phase out of jet service may occur at the
Orange County Airport.
c)
d)
The City of Newport Beach may continue to oppose
additional commercial air service expansions at the
Orange County Airport;
Lessee, his heirs, successors and assigns will not
actively oppose any action taken by the City of
Newport Beach to phase out or limit jet air service
at the Orange CountyAirport.
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STANDARD CITY CONDITIONS
In addition to the mitigation measures described in Section III
and the discretionary permits and approvals identified in Sec-
tion II, the following standard City conditions will be applied
to the project:
A. The development shall be in substantial conformance with
the approved plot plan, floor plans, elevations, and sec-
tions.
B. Grading shall be conducted in accordance with plans prepar-
ed by a civil engineer and based on recommendations of a
soils engineer and an engineering geologist subsequent to
completion of a comprehensive soils and geologic investiga-
tion of the s1te. Permanent reproducible copies of the
"Approved as Built" grading plans on standard-size sheets
shall be furnished to the Building Department.
C.
D.
E.
Prior to occupancy of any building, the applicant(s) shall
provide written verification from Orange County Sanitation
District No. 5 that adequate sewer capacity is available
to serve the project.
All work on the site shall be done in accordance with City
Council Policies K-5 and K-6. Verification of said work
shall be provided to the Building and Planning Departments.
Any mechanical equipment and emergency power generators
shall be screened from view, and noise associated with
said structures shall be attenuated so as not to exceed
55 dBA at the property lines. The latter shall be based
upon the recommendations of a qualified acoustical en-
gineer and approved by the Building Department.
C-2
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F. Prior to issuance of the grading/demolition and building'
permits, the Planning Department shall approve a signing
program for the proposed project.
G. Signing for the project shall be reviewed by the City Traf-
fic Engineer.
Mitigation of Construction Impacts
H.
I.
J.
K.
Demolition and construction will not be commenced until
after September 7, 1983, to avoid peak seasonal traffic,
or shall be accomplished in a manner satisfactpry to the
Planning Department during the period from April 15, 1983
to September 7, 1983.
During the cQnstruction period, a minimum 12 foot wide
surface pedestrian way shall be maintained along the bay
on weekends and holidays between April 1 and June 15 and
September 15 and October 15; and that the 12 foot pedes-
trian way shall be maintained at all times between June 15
and September 15.
During all phases of construction, noise producing equip-
ment shall be enclosed by barriers or baffled in a manner
established by a qualified acoustical engineer to the
satisfaction of the Planning and Building Departments.
In order to ascertain periods of greatest potential impact
from noise, vibration, and congestion, the project appli-
cant shall submit a detailed construction schedule to the
City of Newport Beach, outlining the time frame for each
phase of construction prior to or at the time of applica-
tion for building permits. The construction schedule shall
be approved by the Planning and Building Departments.
C-3
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L.
M.
N.
o.
P.
Q.
R.
S.
T.
A system of barriers and overhead protection shall be re-
quired during demolition processes in order to prevent
debris from falling into adjacent streets and Newport Bay.
Should barges be utilized during construction, a Harbor
permit shall be obtained.
If barges are utilized during the construction period,
provisions shall be made to provide replacement on a one-
for-one basis of any boat slips displaced during the per-
iod of displacement in a manner approved by the Planning
Department.
During any closure of adjoining streets which may be re-
quired during the proposed construction phases, alterna-
tive pedestrian circulation shall. be provided to the satis-
faction of the City of Newport Beach Planning and Public
Works Departments.
All activities that require full or partial street clo-
sures, parking prohibition, heavy truck traffic, large or
heavy loads or similar activities, shall be approved by
the Police Department and City Traffic Engineer.
Trucks shall utilize Palm Street for ingress and egress.
Closure of Palm Street shall be prohibited at any time.
The building contractor shall examine existing streets
to ensure that trucks assigned to the project can nego-
tiate required turns and demonstrate such to the satisfac-
tion of the Public Works and Building Departments.
Construction workers shall utilize public parking lots
at Palm Street and Main Street. The applicant shall pur-
C-4
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u.
v.
chase parking permits in a manner approved by the City.
One space for each construction worker on the site during
the construction period shall be purchased. At the earli-
est possible date, which shall be established by the Build-
ing Department, all construction workers shall be required
to park in the on-site parking structure or otherwise
on-site.
The applicant shall enter into an agreement and post a
bond guaranteeing the repair of all damage to the public
street system and/or utilities that might be caused by
the construction process.
The applicant shall enter into an agreement and provide
a pplicy of insurance guaranteeing the repair of all dam-
age to private property, business interruption, or other
damage caused by the construction process. Said bonds
shall be based upon conditions of approval of this project
and studies required thereby and shall be approved by the
City's Building Department, Public Works Department, City
Attorney's Office and Finance Department.
C-5
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APPENDIX D
ESTIMATE OF PROJECT INBOUND AND OUTBOUND TRAFFIC VOLUMES
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r--0
-------------------------------------------------------------,
Trsnsportstion Plsnning * Traffic Engineering
February 1, 1983
Patricia A. Butler
The Butler Roach Group
505 Lomas Santa Fe'Drive
Solana Beach, CA 92075
Dear Ms. Butler:
This letter addresses the amount of peak inbound and
outbound traffic which can be expected at the proposed
commercial site across from the Fun Zone in the City of
Newport Beach.
The project proposes structured parking and to aid in the
design of the parking structure ingress and egress, this
analysis has been prepared. The calculations in Tables A
and B show expected volumes generated by the project at
various points during the day.
Table A shows that the peak period of traffic generation
by the project occurs between 5:00 and 7:00 PM when the
retail commercial is just closing, the office workers are
leaving for the day, the cafe/lounge is open, and the
quality restaurant is just opening.
To further estimate the traffic volumes for the 5:00 to
7:00 PM period, Table B was prepared. This table divides
the two hour period into four half hour segments, and
analyzes the amount of traffic inbound and outbound to the
project for each half hour period.
Conclusions:
From the information in Tables A and B, it is estimated
that the single most critical half hour segment will be
between 6:30 and 7:00 PM when 15 inbound and 6 outbound
vehicles are expected. The second most critical half hour
period is 6:00 to 6:30 PM when 13 inbound and 6 outbound
vehicles are expected. For the hour between 6:00 PM and
4664 Bsrrsncs Psrkwsy * Irvine. CA 82714 * (714) 559-4231
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7:00 PM, 28 inbound vehicles and 14 outbound vehicles are
expected. This is approximately 2 inbound vehicles and
one outbound vehicle every four minutes, or a little less
than one inbound or outbound vehicle every minute.
It is hoped that this information will help in the design
of the parking facility. If there are questions, or if we
can be of further help, please do not hesitate to call.
Sincerely,
KUNZMAN ASSOCIATES
William Kunzman, P.E.
D-Z
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Table A
CALCULATING INBOUND AND OUTBOUND
TRAFFIC VOLUMES
Land Use
Conunercial Cafe/ Qual~ty
Descriptor Retail Office Lounge Restaurant
Hours of Operation
Begin 10 AM 8 AM 11 AM 6 PM
End 6 PM 5 PM 2·AM 11 PM
Size in square
feet 3533 7351 737 2840
Daily Traffic
Generated/
1000 sq. ft. 30 13 50 50
Total Generated 106 96 37 142
Percent of Traffic
by Hour
7:30 to 8:30 AM 2 19 2 2
11: 30 to 12:30 PM 15 5 15 2
12:30 to 1:30 AM 15 5 15 2
5:00 to 6: 00 PM, 15 18 8 5
6:00 to 7:00 PM 5 5 12 20
Volume of Traffic
by Hour
7:30 to 8:30 AM 2 18 1 3
11: 30 to 12:30 PM 16 5 6 3
12:30 to 1:30 PM 16 5 6 3
5:00 to 6:00 PM 16 17 3 7
6:00 to 7:00 PM 5 5 4 28
D-3
Total
------
14.461
---
381
24
30
30
43
42
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Descriptor
Daily Traffic
Generated
(from Table A)
Table B
CALCULATING INBOUND AND OUTBOUND
VOLUMES FOR 5:00 TO 7:00 PM
'.
Land Use
Conunercial Cafe! Quality
Retail Office Lounge Restaurant
106 96 37 142
Percent of Traffic
5:00 to 5:30 PM
Inbound 4 3 2 1
Outbound 4 8 1 0
5:30 to 6:00 PM
Inbound 4 1 2 3
Outbound 3 6 3 1
6:00 to 6:30 PM
Inbound 1 1 3 7
Outbound 3 3 3 1
6:30 to 7:00 PM
Inbound 0 0 3 10
Outbound 1 1 3 2
Traffic Volume
5:00 to 5:30 PM
Inbound 4 3 1 1
Outbound 4 8 0 0
5:30 to 6:00 PM
Inbound 4 1 1 4
Outbound 3 6 1 1
6:00 to 6:30 PM
Inbound 1 1 1 10
Outbound 3 3 1 1
6:30 to 7:00 PM
Inbound 0 0 1 14
Outbound 1 1 1 3
D-4
Total
381
---
---
---
---
---
---
---
---
9
12
10
11
13
8
15
6
r-------~"'"""':.~,--:-: . ..,...,:,~-:-" '.,-. -.. ~---:-, -, .-~-:-" ... ,--;-. -,-----, "
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.,
INITIAL STUDY :
BA YVIEW TERRACE
NEWPORT BEACH' . , BUTLER ENVIRONMENTAL, PLANNING
4262 CAMPUS DRIVE SUITE B-4
NEWPORT BEACH, CA 92660
.,~ .'-,
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INITIAL STUDY
for the proposed
SA YVIEW TERRACE DEVELOPMENT
...
De'cember, 1981:
PREPARED FOR
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
3300 W. NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
CONTACT: FRED TALARICO
(714) 640 -2197
PREPARED BY
BUTLER ENVIRONMENTAL PLANNING'
4262 CAMPUS DR I VE SU I TE B-4
NEWPORT BEACH, CA 92660
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II
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Section
I.
II.
III. "
CONTENTS
INTRODUCTION
DESCRIPTION OF THE PROPOSED PROJECT
1.0 Location
2.0 Project Description
3.0 Permits Required
DESCRIPTION OF EXISTING CONDITIONS,
ENVIRONMENTAL IMPACTS OF THE PROPOSED
PROJECT, AND MEASURES PROPOSED TO
MITIGATE ADVERSE IMPACTS TO AN ACCEPT-
ABLE LEVEL
1.0 Land Use, Land Use Plans and Zoning
2.0 Circulation and Parking
3.0 Air Quality
4.0 Noise
5.0 Water Quality
6.0 Geology and Soils
7.0 Public Services and Utilities
8.0 Aesthetics
REFERENCES/PERSONS AND ORGANIZATIONS
CONTACTED
APPENDIX
Appendix A -Project Site Plan, Floor
and Elevations
Plans
Appendix B Districting Map Number 11
Appendix C -Full Text of Mitigation
Measure (MM)l and Other
Standard City Conditions
1-1
II-l
II-l
II-5
II-8
III-l
III-2
III-13
III-21
II-23
II-25
II-28
II-30
II-34
R-l
A-l
A-l
B-1
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Figures
1.
2.
2A.
3.
4.
5.
6.
III-l
LIST OF FIGURES
Location Map
Project Site Location
Tentative Tract Map
Proposed Project Site Plan
Project Area Land Uses -Site Area
Project Area Land Uses -Site Area
Views around the Project Site
LIST OF TABLES
Comparison of the Proposed Project,
Existing Uses and Code Requirements
Page
II-2
II-3
II-4
II-6
1 III-4
2. III-5
III-35
III-8
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SECTION I
INTRODUCTION
This Initial Study has been prepared for the proposed pro-
ject in compliance with the California Environmental Quality
Act of 1970 (CEQAl, the State EIR Guidelines, and the City
of Newport Beach procedures for implementation of CEQA
(e.g., City Policy K-3l. The purpose of the Initial Study
is to assist the City of Newport Beach in determining if
the proposed development will cause any significant environ-
mental impacts; if these impacts may be mitigated· to an
acceptable level; and, if the proposed development is con-
sistent with applicable land use plans and guidelines for
the project area.
In this context, the Initial Study focuses on areas o~
potentially significant environmental concern, and includes
an identification of all development permits necessary
for project implementation. Section II provides a list
of all necessary development permits and briefly describes
the applicability of the permits to the proposed project.
Any potentially significant concerns regarding permit re-
quirements are also noted.
Section III of the Initial Study provides a description
of relevant existing environmental conditions and land
use regulations, an identification of potential environment-
al impacts of the proposed project, and an identification
of measures proposed to mitigate any adverse impacts to
an acceptable level. Recommended mitigation measures are
indented and numbered consecutively, in the order of their
appearance in the report.
1-1
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SECTION II
DESCRIPTION OF THE PROPOSED PROJECT
1.0 LOCATION
The proposed project is located on the bayfront in the
Central Balboa area of the Balboa Peninsula (Figure 1).
The project site consists of the two site areas shown in
Figures 2 and 2A. Site Area 1 is located on the corner
southwest of the intersection of Palm Street and Edgewater
Place, immediately west of and adjacent to the Balboa Island
Ferry landing at P~lm Street. Site Area 1 is bounded by
Edgewater Place, a pedestrian walkway along the bayfront,
on the north; a public alley on the south; Palm Street
qn the east; and, existing commercial structures on the
west (Figure 2). The eastbound alley, which exits onto
Palm Street between Edgewater Place and East Bay Avenue,
separates the northern half of the site from the southern
half. Site Area 2 comprises the southern half of the project
site. Site Area 2 is bounded by the alley on the north;
East Bay Avenue on th~ south; existing commercial structures
on the east; and, Adams Street on the west (Figures 2 and
2A) .
When this report refers to the "project site", the reference
includes Site Area 1, Site Area 2 and the alley which separ-
ates the two. The entire project site is shown on the tenta-
tive tract map in Figure 2A (i.e., including Parcel 1,
Parcel 2 and the alley; Edgewater Place will be dedicated
to public right-of-way). Any specific reference to the
individual site areas within the total project site is
identified by site area.
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r FIGURE 1
SOURCE: USGS, NEWPORT BEACH QUAD LOCA rlON MAP
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SITE AREA .".
SITE AREA 2'
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~<:":"'i--_. ---.;;~;:--:-.
SOURCE: ,SURVEY & TOPOGRAPHY,.
ALAN B, CLARK, 1980. FOR ARCHI&TEKTON.
FIGURE 2
PROJECT SITE MAP
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Source:
Alan B. Clark
for Collins & Wralght, 1981
0" 0"
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________ o ~?~--_-o~~-------
-.LJYa'-.£ S S'NtTc7i/ .. ~
FIGURE 2A
TENTATIVE TRACT MAP
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2.0 PROJECT DESCRIPTION
Based on the project information shown in Appendix A, the
proposed project entails construction of a three-story
retail and office building with a total of 16,915 square
feet (SF) of gross area on Site Area 1, and a three-level
parking structure with 90 parking spaces and an automobile
elevator on Site Area 2 (Figure 3). Three additional park-
ing spaces will be provided on Site Area 1. The ground
floor of the retail/office building features an open pedes-
trian walkway from the corner of Edgewater Place and Palm
Street to the alley. The project owner proposes to maintain
. and improve the alley by widening it from its existing
10 foot width to 20 feet. This will provide a 10-f?ot set-
back on the north side of the alley. Decorative landscape
and architectural details, floor plans and elevations are
shown in Appendix A.
Vehicular access to the parking structure will be the pro-
posed entrance and exit driveways on the alley (Figure 3).
Access to the second and third levels of the structure
will be provided by an automobile elevator. Parking in
the structure will be by valet/parking attendant seryice.
The third parking level will be an open roof-top.
The elevations shown in Appendix A indicate that the retail/
office building will have a maximum height of 35 feet,
and the top of the walls of the parking structure will
be at 26 feet 6 inches.
Project implementation will require demolition of all exist-
ing structures and parking lots on the project site. The
project owner will retain existing boat rental facilities
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FIGURE 3
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,
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associated with the project site, including the boat docks
bayward of Edgewater Place and the small boat crane on
Edgewater Place.
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3.0 PERMITS REQUIRED
The following discretionary permits will be required for
project approval and implementation.
City of Newport Beach Permits
The project site is located within an area subject to the
City's shoreline height limitations, as described in Section
20.02.030-C of the City's zoning code (Title 20. Zoning
Regulations, Newport Beach Municipal Code). The code limits
building heights to 26 feet. However, structures from 27
to 35 feet in height are allowed with a use permit. Approval
of the use permit requires a public hearing before the
Planning Commission, and the commission must be able to
make all four of the following findings in order to approve
the proposed maximum 35 foot height of the structures.
Briefly, the Planning Commission must find that the increas-
ed height will:
2.
3.
4.
Result in more public visual open space and
views than woul"d result from compliance wi.th the
basic height limit;
Result in a more desirable architectural treatment
of the building and stronger, more appealing visual
character in the area;
Not result in undesirable or abrupt scale relation-
ships between the building and adjacent uses; and,
In no case result in a floor area greater than the
floor area permitted by the code (e.g., two times
the buildable area of the site).
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Relative to consistency with the applicable sections of
the City's code of the C-l District, the project will also
require a use permit for the proposed roof-top parking
on the third level of the parking structure. Because the
proposed structure includes provision of compact-size park-
ing spaces, the project ~ill also require approval of a
modification of the code to allow the compact spaces. This
modification to the development standards may be applied
for and approved along with the use permit described above
(B. Laycock, pers. comm.). The proposed provision of parking
valets or attendants for all parking activities in the
parking structure will also be identified in the use permit
request for the project.
At the municipal level, demolition, grading and building
permits will also be required. These permits are obtained
through the Building Department of the City of Newport
Beach.
Other Conditions -City of Newport Beach
The proposed project must comply with the applicable provi-
sions of the City subdivision code (Title 19. Subdivisions,
Newport Beach ~unicipal Code). Because the proposed project
site combines several lots of record, approval of demolition/
construction activities will require a re-subdivision approv-
al.
The project owner-currently holds a cross-parking agreement
for 15 spaces allocated to the Fun Zone Marina. In addition
to maintaining this agreement, the owner proposes to upgrade
it by allocating 12 additional spaces to Art's Landing
commercial charter fishing business.
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The project owner proposes to request abandonment of the
public alley which bisects the project site, and proposes
to subsequently improve and maintain the alley. The request
must be made through the Public Works Department and approv-
ed by the City Council. When the City abandons a public
right-of-way, it reverts to the original property owner(s),
(i.e., owner of record) adjacent to the right-of-way. The
project owner will likely require the agreement of other
property owners with lots facing the alley in order to
utilize their portion of the right-of-way for access to
the project. The City may require retention of public ease-
ments within the right-of-way, particularly for utilities.
The property survey shown in Figures 2 and 2A indicates
that water and sewer mains and a gas line are beneath the
alley. If either of the public utilities is in substandard
condition, the City may require the property owner to repair
or replace the facility as a condition of abandonment of
the right-of-way (D. Hoffstadt, pers. corom.).
The applicable sections of the Newport Beach Municipal
Code referred to in this report are hereby incorporated
by reference, with all documents being publically available
at the offices of the Planning Department, City of Newport
Beach, 3300 Newport Boulevard, Newport Beach, CA 92663.
These include sections of Title 15. Buildings and Construc-
tion, Title 19. Subdivision, and Title 20. Zoning Regula-
tions.
Coastal Permit
The project site is located within the Coastal Zone and
will require project approval and a permit issued by the
Coastal Commission, according to the provisions 'of the
California Coastal Act of 1976. Although the Land Use Plan
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of the Local Coastal Program (LCP) has been approved by
the Newport Beach City Council, coastal development permit
authority will remain with the state commission until the
local plan is certified by the state commission. The approv-
ed Land Use Plan (LUP) is currently being reviewed by the
state commission for certification.
A
In order to obtain the necessary discretionary permits
and approvals for implementation of the proposed project,
the project applicant requests approval of the .following
items by the City of Newport Beach Planning Commission:
1.
2.
3.
Initial Study/Negative Declaration to provide com-
pliance with the requirements and intent of the
California Environmental Quality Act of 1970 (CEQA)
and the State EIR Guidelines.
Use Permit for compliance with the City Zoning Regu-
lations, with conditions for:
a. Exceeding the basic height limit of 26 feet
up to a maximum of 35 feet.
b. Allowing roof-top parking on the parking struc-
ture;
c. Including provision of parking attendants for
all parking activities in the parking struc-
ture; and
d. Approving a modification of the existing code
to allow provision of compact~size spaces in
the parking structure.
Resubdivision Approval to provide compliance with
City Subdivision Code.
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SECTION III
DESCRIPTION OF EXISTING CONDITIONS, ENVIRONMENTAL
IMPACTS OF THE PROPOSED PROJECT, AND MEASURES PROPOSED
TO MITIGATE ADVERSE IMPACTS TO AN ACCEPTABLE LEVEL
This section provides an analysis of existing conditions,
probable impacts and proposed mitigation measures relative
to the proposed project. The environmental impact assess-
ment addresses the following eight areas of environmental
concern which may be potentially subject to significant
adverse environmental effects:
1. Land use, land use plans and zoning;
2. Circulation and parking;
3.
4.
5.
6.
7.
8.
,Air quali ty;
Noise;
Water quality;
Geology and soils;
Public services and utilities; and
Aesthetics.
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1.0 LAND USE, LAND USE PLANS AND ZONING
Existing Conditions
Land Use
As described in Section II, the project site is currently
occupied by several structures and paved surface parking
lots. The two-story Balboa Bayview Hotel contains two
tourist-oriented retail commercial shops and a bar/sandwich
restaurant on the ground floor. The second floor contains
18 hotel rooms with no running water or other plumbing.
Some of these rooms are used as residences on a weekly
rental basis, and several are used for offices and storage.
An existing surface parking lot extends from the west half
of Site Area 1 to the east half of Site Area 2 (Figure 2).
The lot provides 28 public spaces with hourly fees. This
lot also allows access from East Bay Avenue to a small
boat crane on Edgewater Place. The boat crane is associated
with a small boat rental shop on Edgewater Place, located
in front of the Balboa Bayview Hotel and adjacent to the
Balboa Island ferry landing. Edgewater Place is used as
a public walkway, however, it is not currently dedicated
to the City as public right-of-way. Ancillary uses on Site
Area 1 include a small one-story retail commercial shop
(The Chipyard) and a temporary storage shed. Adjacent uses
include Art's Landing, a commercial/charter fishing opera-
tion to the west, and other retail and service co~ercial
establishments to the south and east. The Balboa Fun Zone
is immediately east of commercial uses on the east side
of Palm Street.
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In addition to the larger parking lot, existing uses on
Site Area 2 include a small private parking lot between
the alley and East Bay Avenue; a small one-story commercial
retail store; a four-unit two-story apartment building
with garages fronting on Adams Street between the alley
and East Bay Avenue; a storage shed; and, a small two-story
apartment facing on the alley (Figure 5). Adjacent uses
include Art's Landing to the north, multiple family residen-
tial to the west and south, and retail/service commercial
shops to the east. Structures on East Bay Avenue and Adams
Street are generally two-story, while all other structures
adjacent to the project site are one-story.
Figures 4 and 5 show the existing uses on the project site
and typical adjacent uses. The photographs show two mature
palm trees located within tlie right-of-way on Edgewater
Place, in front of the Balboa Bayview Hotel, and several
mature palm trees and rubber trees along the south and
west edges of the project site on East Bay Avenue and Adams
Street, respectively.
Views toward the harbor from East Bay Avenue are generally
obstructed by existing structures fronting on Edgewater
Place. The existing parking lot on the project site affords
a minimal view corridor to the bayfront from East Bay Avenue.
As a result of existing development, primary view corridors
to the harbor are g~nerally restricted to the local streets
which run north/south throughout the project area.
Land Use Plans
The project site and immediately adjacent properties are
designated for retail and service commercial uses by the
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B. View of 'north side of Site Area '1
on Edgewater Place.
A. View of northeast corner of
Site Area 1 from. Balboa
Fer:-ry Landing.
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c. 'Existing Parking Lot on
project site, as seen from
E. Bay Avenue.
LAND USES. SITE AREA 1 \
Figure 4
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B. Existing uses on Site
Area 2, view north
from E. Bay Avenue~
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A. Site Area 2, seen from
intersection of Adams Street
and E. Bay Avenue.
c. Entrance to project
site via publ ic alley'
from Adams Street.
LAND USES; SITE AREA 2
Figure 5
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Newport Beach General Plan. The Land Use Element of the
General Plan refers to the project area as the "Central
Balboa Commercial Area" within the Balboa Peninsula Area.
The Land Use Plan indicates that a Specific Area Plan will
be prepared for this area. Current language in the Land
Use Element indicates that the Central Balboa Commercial
Area is considered a "core" area of commercial uses which
should be preserved. In this sense, the existing retail
and service commercial uses are consistent with the Land
Use Element and Land Use Plan of the General Plan. Existing
non-conforming residential uses on the project site are
inconsistent with the plan's goal of removing residential
uses from the commercial core. The Residential Growth Ele-
ment of the General Plan also designates the project area
for non-residential use.
Being located within the Coastal Zone, proposed uses on
the project site must be consistent with Coastal Plan consid-
erations. The Draft Land Use Plan (LUP) of the Local Coastal
Program (LCP), which has been adopted by the City Council,
classifies commercial districts within the Coastal Zone
for different types of commercial use relative to the proper-
ty's coastal location. 'The LUP designates the project site,
and all three blocks facing the bayfront from Main Street
to Adams Street, for a mixture of recreational and marine
commercial, and retail and service commercial uses (City
of Newport Beach, 1981).
Zoning
The project site and properties to the south and east are
located within a commercial district, zoned C-1, Light
Commercial. The block west of Adams Street is zoned R-4,
for multiple family residential. Appendix B contains Dis-
tricting Map Number 11, showing the zoning of the project
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area. Uses allowed in the C-l district are described in
Chapter 20.02 of Title 20. Zoning Regulations, Newport
Beach Municipal Code. Current uses on the site conform
to the existing zoning, with the exception of the residen-
tial uses, which are considered legal non-conforming uses.
Impacts
Land Use
The proposed project will replace the existing various
uses on the project site with the proposed, more intensive
uses. Table 111-1 provides a summary comparison of the
existing and proposed intensity of use on the project site,
and a comparison of the proposed project characteristics
and those required by code. The proposed project will
include 10,531 square feet (SF) of gross retail area and
6,128 SF of net office area, or 16,659 SF of gross floor
area in the three-story structure on Site Area 1. The total
gross area of the building will be 16,915 SF. The project
will include a total of 93 parking spaces, with 90 of these
being provided in the three-story parking structure on
Site Area 2. About 20% of the project site area will be
devoted to open space, which will consist of decorative
paved walkways through the ground floor of the office/retail
structure and around the periphery of the building (Appen-
dix A). As shown in Table 111-1, the proposed project will
result in a floor area ratio (FAR) of .65.
As described in the Existing Conditions section, the project
site and project area are currently completely developed
with older commercial and residential development. However,
as shown in Table 111-1, the proposed project will signifi-
cantly increase the intensity of development on the project
site. The two-story Balboa Bayview Hotel and ancillary
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TABLE III-l
COMPARISON OF THE PROPOSED PROJECT
EXISTING USES AND CODE REQUIREMENTS
Bayview Terrace Development
Project Site Area
(Buildable)
Allowable Buildable Area
Gross Floor Area
Floor Area Ratio (FAR)
Site Coverage
Ratio of Site Coverage to
Buildable Area
Open Space
Setbacks
Building Heights
Parking
Code Requirement Existing
(C-l District) (Sq. ft.)
Gross area
less setbacks
2 x Buildable
Front & Side = 0
Alley = 10 feet
26 feet
35 ft. with use
permit
Over 35 ft. with
variance
1 space/250 SF
gross leasable
floor area
18,656.3 (1)
37,312.6
9,852.0
(estimate)
.26
9,600.0
.52
N.A.
0(3)
N.A.
N.A.
Proposed
( Sq. ft.)
13,002.7(1)
26,005.4
16,915.0(2)
.65
15,970.5
.80
3,958.5
Site Aread)
= 10 ft.
Site Area 2
=See note 4
Site Area 1
= 35.0 ft.
Site Area 2
= 26.6 ft.
NOTES: All areas are given for the entire project site except
where noted otherwise.
(1) Gross area less setbacks on the alley, Palm Street and excluding
Edgewater Place. Proposed site area has larger alley setback than exist-
ing site area.
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(2) Square footage represents retail/office space in
structure on Site Area 1 only (excludes SF of parking struc-
ture on Site Area 2).
(3 ) Refers to alley setback only.
(4 ) Status of alley setback applicable to Site Area 2
(i.e., proposed parking structure) to be resolved and iden-
tified in final project plans and submittal package.
(5) Gross leasable floor area = 16,659 SF. Therefore,
code requirement = 67 spaces. Applicant proposes to provide
remainfng additional (26) spaces for off-site parking agree-
ment (existing agreement is for 15 spaces).
Source: Butler Environmental Planning, 1981; Collins
& Wraight, 1981 (See Appendix A).
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small structures on Site Area 1 will be replaced by the
proposed three-story structure which covers a majority
of the site. Floor plans in Appendix A show that the· pedes-
trian level of this structure will be open at the corner
of Edgewater Place and Palm Street, with a walk-through
to the alley.
-The parking lots· and one -and two-story structures on
Site Area 2 will be replaced by the proposed three-story
parking structure, which will essentially cover the entire
site, with the exception of setbacks from the sidewalk
on East Bay Avenue and part of the alley. The alley itself
will be improved from its existing 10-foot width to 20
feet.
In summary, although the tabulation in Table III-l shows
the proposed project to be well below the allowable build-
able area, the perceived mass of the two three-story struc-
tures will likely be more intense in the context of surround-
ing development. Remaining uses to the south, east and
west of Site Area 1 will be one-story; remaining uses to
the east of Site Area 2 will be one-story and uses to the
south and west are generally two-story.
The small boat crane, marina and boat rental shop on Edge-
water Place are uses associated with other existing uses
on the project site (i.e., belonging to the project owner).
The project owner proposes to retain the boat rental shop,
associated marina and the utility of the boat crane.
Review of the project site plan and elevations in Appendix A
shows that the proposed building will block existing margin-
al views from East Bay Avenue to the bayfront. However,
such views are readily available on all cross-streets perpen-
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dicular to East Bay Avenue and from Edgewater Place. The
issues of open space and proposed treatment of the building
masses are addressed directly in Part 8.0 of this section.
A final land use issue relates to the existing versus the
proposed landscaping of the project site. As noted previous-
ly, the project site has a number of existing mature palm
and other trees on its periphery. The project plans in
Appendix A do not indicate that these trees would be retain-
ed. The existing mature palms at the corner of Edgewater
Place and Palm Street will be relocated along Palm Street
if possible, otherwise alternate palm trees will be provided
by the project owner. A related issue regarding the proposed
replacement landscaping on Edgewater Place is addressed
in 2.0 Circulation and Parking.
Land Use Plans
The proposed uses are basically consistent with designations
for the project site and project area according to the
Newport Beach General Plan. Section II of this report indi-
cates that the project must also be consistent with the
Land Use Plan (LUP) of the Local Coastal Program (LCP).
The block on which the project site is located is designated
for a mixture of recreational and marine commercial, and
retail and service commercial uses by the LUP. The proposed
retail comme'rcial uses are consistent with the retail and
service commercial designation. However, the proposed office
uses result in the need for development of "incentive"
coastal-dependent uses on the site to provide consistency
with the LUP designations. These incentive uses are currently
on-site and will be maintained as part of the proposed
project. These incentive uses include the following:
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1.
2.
The project owner proposes to maintain the existing
boat rental service and related marina and boat crane
north of the project site; and,
The owner proposes to retain the existing cross-park-
ing agreements with adjacent marine-related uses.
Zoning
The types of uses proposes for the project site are also
basically consistent with the existing C-l Light Commercial
District. However, as noted in Section II of this report,
the project will require a use permit for the following:
1.
2.
3.
Exceeding the basic height limit;
Roof-top parking; and
Compact parking space allowance (code modification).
Of these, the most significant component of the use permit
will likely be approval of the proposal to exceed the basic
height limitation from 26 feet to 35 feet. Findings neces-
sary for this use permit approval are summarized in Sec-
tion II, 3.0 Permits Required.
Mitigation Measures
MMl The City of Newport Beach's current policy regarding
John Wayne Airport, Orange County is regularly requir-
ed as a disclosure statement which should be included
in all leases or subleases for space in the project
and shall be included in any Covenants, Conditions
and Restrictions which may be recorded against the
property. The full text of this disclosure statement
is contained in Appendix C.
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~2
MM3
MM4
~5
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In addition to the mitigation measures identified
in this report, other standard City conditions will
be applied to the project. These are shown in Appen-
dix C.
The "approved height restriction for the project should
apply to any landscape materials, signs, flags, etc.,
as well as structures.
Existing marine-related uses associated with the
project site should be retained to comply with the
intent of the City's Local Coastal Program. The exist-
ing small boat crane on Edgewater Place shall be
retained, but may be relocated, to ensure the con-
tinued viability of marine-related uses associated
with the project site.
Edgewater Place shall be dedicated to public right-of-
way.
The required City review of the project landscape plan
should address the issue of retention or relocation
of existing mature palm trees on the periphery of
the project site. This review should be coordinated
with the Planning and Public Works Departments to
determine the acceptability of proposed landscape
trees in the public right-of-way of Edgewater Place.
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2.0 CIRCULATION AND PARKING
Existing Conditions
The project site is generally bounded on the north by Edge-
water Place, a public pedestrian walkway; on the east by
Palm Street, a local two-way collector providing access
to the Balboa Island ferry landing; on the south by East
Bay Avenue, a one-way (east to west) local street; and,
on the west by Adams Street, a local two-way street providing
access to the bayfront (Figure 3). The alley that bisects
the project site is one-way, from west to east. The nearest
roadway for which traffic data is available is Balboa Boule-
vard, two blocks south of the project site. Balboa Boulevard
carries approximately 15,000 (east/west) average daily
trips (ADT's). During the peak summer months, ADT's increase
to approximately 20,000 (Edmonston, pers. comm.).
Although there are no official traffic data available for
Palm Street, an average daily traffic flow can be inferred
from estimates of automobile usage of the Balboa Island
ferry. According to a spokesman for Balboa Island Ferry
Inc., a~proximately 1700-1800 (peak summer) and 600-800
(off-season) motor vehicles utilize the ferry for access
to and from Balboa Island. The ferry operates on a 24 hour
basis during the summer months, and from 6:30 a.m. until
midnight during the winter, with winter weekend operations
until 2:00 a.m.
Existing primary access to the project site is from Palm
Street to East Bay Avenue, and from East Bay Avenue directly
to the driveway of the existing 28 space on-site parking
lot. Secondary access to the site can be gained from Adams
Street, on the western boundary of Site Area 2, to the
one-way (eastbound) public alley, which bisects the existing
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parking lot and exits onto Palm Street. The primary route
to these access streets is Balboa Boulevard, with the likeli-
hood that some vehicles arrive from the Balboa Island ferry
via Palm Street. Because Palm Street provides the only
access to the Balboa Island ferry from the Balboa.Peninusla,
the northbound lane is usually congested with cars waiting
to board the ferry during peak summer months, holidays
and weekends. This congestion generally extends onto Balboa
Boulevard.
It is estimated that existing land uses on the project
site generate about 397 vehicle trips per day. This estimate
is based on standard traffic generation rates used by the
City of Newport Beach, and the estimated net square footage
of existing uses on the project site provided by the project
architect.
Existing parking facilities on the project site include
the 28 space public surface lot west of the Balboa Bayview
Hotel, and a smaller un-striped private lot west of the
larger lot, between the alley and East Bay Avenue (Figure 2
and 2A). Street parking in the vicinity of the project
site is allowed on the following streets:
West side of Palm Street;
Both sides of East Bay Avenue;
W,est side of Adams Street north of East Bay
Avenue; and,
East side of Adams Street south of East Bay
Avenue.
The Orange County Transit District operates two intercom-
munity routes which serve the project area. These are Routes
51 and 53, which travel along Balboa Boulevard.
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Pedestrian and bicycle circulation in the vicinity of the
project site is concentrated on the bayfront pedestrian/bi-
cycle paths of Edgewater Place, and sidewalks within the
public right-of-way of adjacent streets. Although Edgewater
Place is designated for pedestrian circulation only, and
signs prohibiting bicycle traffic are posted, the walkway
is popular for bicycling and is frequently congested with
pedestrians and bicyclists.
Impacts
It is estimated that the proposed project could contribute
about 401 average daily trips (ADT's) to traffic on sur-
rounding streets. This estimate is based on the daily trip
generation rates provided by the City Traffic Engineer
and estimated net square footage of the proposed uses (e.g.
6128 SF office, 9170 SF retail) provided by the project
architect. The estimated traffic to be generated by the
proposed project represents a one percent increase over
the estimated 397 daily trips generated by existing uses
on the site.
Based on the minimal increase in traffic to be generated
by the proposed uses, it has been determined that the project
does not require a separate Traffic Phasing Study in compli-
ance with the City's Traffic Phasing Ordinance (R. Edmonston,
pers. comm.). However, a number of access and circulation
issues must be addressed.
The project plans contained in Appendix A show the entrance
and exit driveways of the parking structure to be adjacent
to one another and located on the alley. As described in
Section II of this report, the project owner proposes to
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maintain the alley and improve it to a 20 foot width. As
a function of the location of access to the parking atruc-
ture, primary vehicular access to the project site will
be via Adams Street, assuming that the alley remains as
one-way eastbound. Cars may turn directly from Balboa Boule-
vard onto Adams, or may choose to turn onto Palm Street
to East Bay Avenue to Adams.
This access pattern will result in increased left-turn
movements from Balboa Boulevard at Adams and Palm Streets.
There is currently no left-turn lane on Balboa Boulevard
st the Adams Street intersection. Left turns from Balboa
Boulevard onto Palm Street are frequently restricted by
t'raffic queuing for the Balboa Island Ferry. Although there
is currently no traffic signal at the Palm Street inter-
section, the City is investigating installation of a signal
in conjunction with other development in the Central Balboa
area (D. Webb, pers. comm.). The proposed situation of
access to the parking structure on the alley between Adams
and Palm Streets, and the resulting circulation pattern,
should be reviewed and approved by the City Traffic Engin-
eer.
Although the proposed project will not generate signficantly
more vehicle trips than existing uses, the resulting circu-
lation pattern will direct significantly more trips onto
Adams Street than present routing' to the project site.
Adams Street is relatively narrow ({.e., 30 feet) with
on-street parking on alternating sides of the street. The
street is currently lightly travelled. Providing that the
alley between Adams and Palm Streets remains one-way east-
bo~nd, it appears that Adams Street can accommodate the
increased project-related traffic without requiring elimina-
tion of existing on-street parking (D. Webb, pers. corom.).
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The proposed parking structure on Site Area 2 will contain
90 spaces; 3 additional spaces, including a loading space,
will be situated on Site Area 1. The three-level parking
structure features an 'automobile elevator, with the top
level being the open roof-top. It is proposed that all
parking in the structure will be valet service. The project
plans show the attendants' booth at the entrance driveway
on the alley. Review of the site plan (Figure 3) indicates
that the five foot wide setback area along part of the
parking structure on the south side of the alley is not
wide enough to store waiting cars outside the alley right-
of-way. However, the proposed 20 foot width of the alley
will afford a ten foot setback along the north side of
the alley. This area could adequately store cars waiting
to enter the parking structure without obstructing the
remaining ten foot alley right-of-way. The project applicant
should review arrangements for potential queuing of cars
in the alley with the City Traffic Engineer, and a plan
to accommodate such cars should be devised prior to occupancy
of the project.
Another concern related to the three-story parking structure
is the operation of the automobile elev~tor and access
to the upper floors of the structure. The City Public Works
Department will require evidence and enforcement of provi-
sions for emergency or after-hours access to cars on the
upper floors of the structure, particularly when attendants
are unavailable to operate the automobile elevator.
The City's parking requirements for the proposed retail
and office uses will be 67 spaces (i.e., 16,659 SF gross
floor area divided by 250 SF per parking space = 67 spaces).
As noted in Section II" the project owner also has an exist-
ing cross-parking agreement to provide 15 parking spaces
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for the Fun Zone marina. Therefore, the total City parking
requirement for the project is 82 spaces. The' project owner
proposes to maintain and upgrade the off-site agreement
by providing a total of 27 spaces for adjacent marine-relat-
ed uses (e.g., Fun Zone marina). This would result in pro-
vision of a total of 94 spaces; the proposed 93 spaces
are one space short of meeting this parking proposal. How-
ever, the project will eliminate the existing driveways
into the project site on East Bay Avenue, thereby creating
several additional on-street parking spaces in the area.
Twenty-four of the spaces, or almost 26% of the total park-
ing spaces, are proposed to be for compacts. This will
require approval of a modification of the City's current
code requirements, (see Section II).
As shown on the conceptual site plan, the proposed retail/
offices will utilize virtually all of the frontage of Site
Area 1 along Edgewater Place. This will effectively termin-
ate vehicular access to an existing boat crane and boom
located on Edgewater Place (Figure 2). However, the boat
crane will be maintained in association with the boat rental
facilities on the site.
As currently proposed, landscaping on Edgewater Place would
likely interfere with existing pedestrian circulation along
Edgewater Place. The project plans show a row of decorative
trees in treewell grates located in the middle of Edgewater
Place, along the entire frontage of the office/retail build-
ing. Edgewater Place is a heavily used public pedestrian
and bicycle pathway. The proposed landscaping could signi-
ficantly interfere with these activities and the open qual-
ity of the existing "boardwalk". The proposed project will
not interfere with'pedestrian activities on all other side-
walks adjacent to the project site, and will provide addi-
tional pedestrian open space through the retail/office
building on Site Area 1.
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Mitigation Measures
MM7
MM8
The location and operation of i~gress and egress
for the proposed parking structure should be reviewed
and approved by the City Traffic Engineer, including
identification of provisions for storing cars waiting
to enter the parking structure in the widened alley.
The final design of on-site vehicular and pedestrian
circulation shall be reviewed and approved by the
Public Works and Planning Departments prior to issu-
ance of the grading permit. This should include inves-
tigation of the necessity of the following actions:
a.
b.
c.
widening existing sidewalks on Adams Street
and East Bay Avenue;
cutting or a~glin~ corners of the parking struc-
ture at Adams Street/East Bay Avenue and Adams
Street/alley; and,
revising the type and location of landscaping
proposed for Edgewater Place.
MM9 Handicap and compact parking spaces shall be designated
by a method approved by the City Traffic Engineer.
MMl0 The layout of the surface and structure parking shall
be subject to further review and approval by the
City Traffic Engineer.
MMll Consideration should be given to allocating employee
parking on-site to minimize indirect effects of em-
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ployee-related parking in project area on-street
spaces.
MM12 The applicant(s) shall prepare and implement a plan
to ensure that all vehicles on the upper floors of
the parking structure are moved to the ground floor
and accessible to their owners when parking attendants
are off-duty.
MM13 The project applicant shall cooperate with the City
Traffic Engineer and Public Works Department to deter-
mine the potential necessity for left-turn facilities
on Balboa Boulevard at Adams and/or Palm Streets
as a result of project-generated left-turn movements.
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3.0 AIR QUALITY
Existing Conditions
Present air quality at the site is a result of local meteor-
ology and the release of air contaminants from the surround-
ing urban areas. Local vehicular traffic is the major gener-
ator of air pollution in the project area. Additional sources
of air pollutants within the area include the marine-related
activities (i.e., diesel and gasoline powered motors, marine
fuel and repair docks) and vehicular traffic queuing for
the Balboa Island ferry.
Air pollutants generated by existing uses on the project
site are limited to vehicular emissions associated with
traffic generation and parking activities.
Impacts
Implementation of the proposed project will result in a
minor increase in traffic volumes in the project area.
Motor vehicle emissions associated with access, circulation
and parking comprise the majority of the air pollutants
to be generated by the project. These additional emissions
will constitute a minor increase in ambient concentrations
of primary pollutants over those contributed by current
activities on the site.
Short-term impacts will result from demolition, grading
and construction activities. Demolition and grading activi-
ties will generate dust and particulate matter. The great-
est short-term impact will result during demolition of
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existing buildings on the site. Dust emissions during demo-
lition'and grading activities can ordinarily be controlled
by watering the graded area. Exhaust emissions will be
generated by heavy-duty vehicles (i.e., trucks and bull-
dozers) and on-site construction equipment. In the context
of ambient project area emissions, the emissions resulting
from these operations will be minor. Over the long-term,
the project will result in a minor increase in local motor
vehicle traffic and, subsequently, a small incremental
increase in air pollutant emissions over those currently
generated by site uses. The project will not cause any
violation of air pollution standards.
Mitigation Measures
MM14 A dust control plan shall be prepared for the project,
and be submitted and subject to the approval of the
Building Department. Such a plan may be prepared
and submitted in conjunction with the erosion control
plan recommended in Section III, 5.0 Water Quality.
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4.0 NOISE
Existing Conditions
Noise sources and sound levels in the proje'ct area are
typical of urbanized commercial/recreation areas. The exist-
ing noise environment around the project site is dominated
by motor vehicle noise. Palm Street is the only access
for the Balboa Island ferry from Balboa Peninsula. Conse-
quently, during peak summer months and weekends, traffic
will queue along Palm Street, adjacent to the project site,
while waiting to board the ferry. Marine-related activities,
specifically boat traffic on Newport Harbor, are additional
noise sources. Occasional aircraft overflights by emergency
and police helicopters, and light planes and jets from
John Wayne Airport contribute to the urban noise environ-
ment.
Impacts
The proposed project will be impacted by motor vehicle
noise on adjacent streets and other noise sources in the
project area. However, noise levels are not excessive and
the proposed commercial retail/office uses are considered
compatible with current and anticipated future noise levels
in the area.
Short-term noise impacts will result from noise associated
with demolition and construction activities on the site.
Residences adjacent to the south and west sides of the
project site would be impacted by excessive noise generated
on the site.
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The incremental increase in motor vehicle-generated noise
.in the project area will not significantly change the noise
environment associated with present uses. Some additional
noise will be generated by activities associated with the
proposed parking garage. The first and second stories of
the parking structure facing East Bay Avenue, and the second
story facing Adams Street, are not entirely enclosed (see
Appendix A). Therefore, vehicular noise associated with
parking activities will be audible outside the structure.
The automobile elevator will also generate some noise.
However, because the elevator is planned to be hydraulic,
it is not anticipated that the effect would be significant
in the context of existing and future ambient noise levels
in the project area.
Mitigation Measures
MM15 The demolition, grading and building permits.to be
issued for the proposed project should include pro-
visions for limiting such activities to hours consid-
e.red acceptable for the project area.
MM16 The driveway surfaces in the parking structure should
receive appropriate treatment to minimize or eliminate
tire noise, and strict speed control within the struc-
ture should be observed by parking attendants to
further mitigate potential noise associated with
parking activities.
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5.0 WATER QUALITY
Existing Conditions
The project site is currently covered with several two-story
and single-story structures, interspersed with parking
lots and the alley, which are paved with asphalt. The site
drains to Palm Street and East Bay Avenue, where existing
drainage structures collect street runoff and discharge
it to Newport Harbor. Additional drainage occurs across
Edgewater Place and directly to Newport Harbor.
Impacts
The project site is totally covered with existing impervious
surfaces. Because the square footage of the proposed project
will not change the area of impervious surface, runoff
volumes will not change significantly. However, during
demolition and grading there will be an increased potential
for sediment content in runoff from the site.
The. City of Newport Beach has adopted a series .of mitigation
techniques designed to reduce water quality impacts of
construction activities to acceptable levels. The City
will require that an erosion/runoff control plan which
incorporates those mitigations applicable to the proposed
project be submitted to the Building Department and approved
by the City Grading Engineer prior to demolition, grading
and construction.
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Mitigation Measures
MM17 The grading permit shall include a description of
haul routes, access points to the site, and a water-
ing and sweeping program designed to minimize impacts
of haul operations.
MM18 The grading plan, if required, should include a com-
plete plan for temporary and permanent drainage facil-
ities to minimize the potential water quality impacts
from silt, debris and other water pollutants.
MM19 All on-site drainage shall be approved by the Public
Works Department.
MM20 An erosion and siltation control plan shall be prepared
and submitted to the Building Department and shall
be approved by the City Grading Engineer.
MM21 The erosion and siltation control plan shall be for-
warded to the California Regional Water Quality Con-
trol Board -Santa Ana Region, ten,days prior to
any construction activities.
MM22 Upon completion of construction, the project applicant
shall provide for weekly vacuum sweeping of all paved
parking areas and drives.
MM23 A landscape and irrigation plan for the project shall
be prepared by a licensed landscape architect. The
landscape plan shall integrate and phase the installa-
tion of landscaping with the proposed construction
schedule. Prior to occupancy, a licensed landscape
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architect shall certify to the Planning Department
that the landscaping has been installed in accordance
with the prepared plan.
MM24 The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
and the approval of the Planning and Public Works
Departments.
MM25 The landscape plan should include a maintenance program
which controls the use of fertilizers and pesticides.
MM26 The landscape plan should place heavy emphasis on
the use of drought-resistant native vegetation, and
be irrigated with a system designed to avoid surface
run-off and over-watering.
MM27 Prior to issuance of the grading/demolition and build-
~ng permits, the applicant(s) shall provide a complete
plan for litter and debris control during construction
to be approved by the City's Planning and Marine
Departments to ensure that no debris is permitted
to enter Newport Harbor.
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6.0 GEOLOGY AND SOILS
Existing Conditions
The project site is presently covered by existing structures
and paved surfaces. Located on the Balboa Peninsula, soils
in the project area consist largely of sand and fill. The
project site is in close proximity to the Newport-Inglewood
fault zone. The Public Safety Element of the Newport Beach
General Plan categorizes the area as being of moderate
risk and subject to potential hazard from liquefaction.
Impacts
The project site could be impacted by a 'seismic event along
the Newport-Inglewood faul zone. The Newport Beach General
Plan indicates that the area has a potential for liquefac--
tion. Although the site is currently developed, it may
not be stabilized in accordance with current geotechnical
recommendations because of the age of existing structures.
A soils and geotechnical investigation will be prepared .
for the site and mitigating techniques will be prescribed,
as necessary, for any geotechnical consideration. Applica-
tion of current soils and construction engineering stand-
ards, as enforced by the City of Newport Beach, should
mitigate potential seismic risk to acceptable levels.
Application and enforcement of current construction, seismic
safety and soils engineering standards will mitigate any
potentially adverse effects related to soils and geological
conditions on the project site. These standards are enforced
through the "plan check" and project review process conduct-
ed by the Building Department prior to issuance of a build-
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ing permit, and by on-site construction/building inspections
conducted by City Building inspectors.
Mitigation Measures
None are required.
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7.0 PUBLIC SERVICES AND UTILITIES
Existing Conditions
The project site is within an urbanized area receiving
all the services normally accompanied by development.
The project site lies within the service areas of the follow-
ing agencies:
Services
Solid Waste Disposal
Fire Protection
Police Protection
Utilities
Electricty
Gas
Water and Sewer
Telephone
Impacts
Agency
City of Newport Beach
City of Newport Beach
Newport Beach Police Department
Southern California Edison Company
Southern California Gas Company
City of Newport Beach
Pacific Telephone & Telegraph Company
The proposed project will incrementally increase the demand
on energy supplies and public services associated with com-
merciel retail and office uses. It will reduce service
demands associated with residential uses because the exist-
ing residential units will be eliminated. Energy consumption
by the proposed uses should not vary significantly from
that associated with existing uses, however, in keeping
with City policy and other agencies' policies, every effort
should be made to reduce energy consumption.
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Public service, emergency and delivery/service vehicular
access to and through the project site will be provided
by the alley, which bisects the site and connects Adams
and Palm Streets. The existing alley will be improved and
maintained by the property ,owner. Improvements to the alley
and implementation of the proposed project should not inter-
fere with the continued use of the alley for service and
emergency vehicle circulation. Project plans contained
in Appendix A show that a delivery/service loading space
and trash receptacle will be provided on Site Area 1, north
and outside of the alley alignment.
A potential concern for public safety is revealed in review
of the design of the public space between the proposed
buildings and the design of the parking structure. The
proposed project design has resulted in creation of a rela-
tively enclosed space behind the retail/office buildings,
adjacent to the alley. This area has a high degree of public
accessibility with a low degree of public visibility from
adjacent streets and sidewalks. In the predominately pedes-
trian environment of the Fun Zone area, this situation
could present a potential security concern. This concern
may be somewhat mitigated by the ground level walk-through
provided from the corner of Palm Street and Edgewater Place
to the alley. Also, the proposed lighting concept, on-site
project management and the general revitalization of the
project area should all combine to improve existing condi-
tions. Security concerns may also be somewhat mitigated
by the presence of valet service parking attendants in
the parking agarage. However, the actual ability of these,
personnel to survey the area is not guaranteed, and would
not be available during night and early morning hours when
the parking structure would be closed.
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A related concern is associated with the open quality of
the ground floor of the parking structure facing East Bay
Avenue. The apparent lack of access control may present
a security problem when the structure is closed. However,
it is not recommended that the structure be revised with
totally enclosed walls, because the planned openings provide
some opportunity for surveillance of the alley and rear
of the office/retail buildings from East Bay Avenue, and
the open treatment of the ground floor provides some visual
relief from a potential walled effect at the pedestrian
street level.
Mitigation Measures
MM28 The project shall be designed to comply with Title
24, Paragraph G, Division T-20, Chapter 2, Subchapter
4 of the California Administrative Code (Insulation
Standards).
MM29 Final design of the project should provide for the
incorporation of water-saving devices for project
lavatories and other water-using facilities.
MM30 Final design of the project should provide for the
sorting and collection of recyclable material from
other solid waste. Prior to occupancy of the build-
ings, the program for sorting recyclable material
shall be developed and approved by the Planning De-
partment.
MM31 Final design of the project should provide for ade-
quate security lighting in public areas and the park-
ing structure.
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MM32 Potential pedestrian access control for the ground
floor of the parking structure should be investigated,
and other possible security measures should be re-
viewed with the Police Department.
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8.0 AESTHETICS
Existing Conditions
The combination of environmental and la'nd use factors des-
cribed in the preceding parts of this section produces
the visual and aesthetic characteristics of the project
area. The photographs in Figures 4 and 5 show the existing
visual quality and scale of development on and adjacent
to the project site. As noted previously, the project area
is entirely developed with one-and two-story structure
and surface parking lots. Vegetation consists of decorative
streeet trees and landscaping. Figure 6 shows views on
the periphery of the project site, on Palm Street, East
Bay Avenue and Adams Street.
The primary amenity and dominant feature of the project
site is its location adjacent to Newport Harbor and the
project area's consequent appeal as a tourist-and recrea-
tion-oriented destination. Pedestrian activities along
the bayfront and the adjacent Fun Zone and Main Street
area of Balboa are predominant. The project site is located
at the western corner of the Balboa Peninsula landing of
the Balboa Island Ferry. This gateway position places the
project site in a predominate location in the recreeational
and commercial core of the north side of Balboa on the
peninsula.
Impacts
Elevations of the proposed three-story office/retail building
and parking structure are shown in Appendix A. The elevations
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illustrate the scale relationship 'of the proposed project
to adjacent existing uses and structures. As noted earlier
in this report, the proposed maximum 35 foot height of
these structures will require approval of a use permit
by the Planning Commission. In reviewing the project to
make the necessary findings for_approval of the use permit,
the Planning Commission will review the overall mass and
volume of the proposed structures, proposed open space
areas, and compatibility of the appearance of the project
with adjacent uses and development guidelines for the project
areas.
Part 1.0 Land Use of this section note.s the relationship
of the proposed structures to adjacent uses. In the predom-
inately pedestrian environment of the project area, archi-
tectural details of the structures and their relationship
to the sidewalk will be especially important. With respect
to the parking structure, it should be noted that the mass
of the building will be greater than any other existing
development along East Bay Avenue and Adams Street. The
pedestrian levels of the structure are treated with openings
and architectural details to soften the effect on the street.
Another important aesthetic component of the project will
be the type, scale and location of landscaping and other
improvements in the public and semi-public areas of the
project site. The entire project area is currently undergoing
a revitalization through redevelopment of older existing
uses. It will be important for the City to coordinate these
efforts and encourage caoperation among the area's developers
and property owners to achieve sensitive and consistent
development of the bayside of Central Balboa. These concerns
can be addressed through application of mitigation measures
II 1-36
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identified earlier in this report for preparation of the
project landscape plan and the standard City condition
requiring that the project be developed in substantial
conformance with the approved plans (Appendix. C).
Mitigation Measures
MM33 Project lighting should be designed to eliminate
light and glare spillage on adjacent uses. Lighting
on the roof-top parking area of the parking structure
shall be. subject to approval by the Planning Depart-
ment.
III-37
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REFERENCES
AND
PERSONS AND ORGANIZATIONS CONTACTED
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REPORT PREPARATION
Butler Environmental Planning
4262 Campus Drive, Suite B-4
Newport Beach, CA 92660
(714) 481-9704
Patricia A. Butler
Project Manager and Principal Investigator
PERSONS AND ORGANIZATIONS CONTACTED
City of Newport Beach
1. Fred Talarico
Environmental Coord.
Planning Department
2. Craig Bluell
3.
4.
5.
Others
Senior Planner
Planning Department
W. William Ward
Senior Planner
Planning Department
Mel Haugey
Counterman 2-Zoning
Planning Department
Chris Gustin
Associate Planner
Planning Department
6.
7.
8.
9.
10.
11.
1. Gary Collins 3.
Collins & Wraight
(Project Architect)
1805 E. Dyer Rd., Ste. M
Santa Ana, CA 92705
2. William,Clapet 4.
Associated Architect
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Rich Edmonston
Traffic Engineer
Public Works Department
T. C. Dailey
Fire Marshal
Fire Department
Dick Hoffstadt
Public Works Deptartment
Tony Melum
Marine Department
Bill Laycock
Planning Department
Don Webb
Director
Public Works Department
Bob Snyder
Balboa Island Ferry, Inc.
410 S. Bayfront
Balboa Island, CA 92662
Project Sponsor
Balboa Bayview Dev., Inc.
309 Palm Street
Balboa, CA 92661
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REFERENCES
City of Newport Beach, 1981
Draft Land Use Plan of the Local Coastal Program.
Planning Department, City of Newport Beach.
Ibid., 1980
Circulation Element of the Newport Beach General Plan,
adopted March 11, 1973, as amended through 1980. Plan-
ning Department, City of Newport Beach, CA.
Ibid., 1980
Land Use Element of the Newport Beach General Plan,
adopted May 29, 1973, as amended through March 24, 1980.
Planning Department, City of Newport Beach, CA.
Ibid., 1979
Newport Beach Municipal Code, Title 15, Chapter 15.40
Traffic Phasing Ordinance. City of Newport Beach, CA.
Ibid., 1974
Newport Beach Municipal Code, Title 19, Subdivisions.
City of Newport Beach, CA.
Ibid., n.d.
Newport Beach Municipal Code, Title 20, Zoning.
City of Newport Beach, CA.
Ibid., 1973
Newport Beach Land Use Plan. Planning Department, City
of Newport Beach, CA.
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APPENDIX A
PROJECT SITE PLAN
FLOOR PLANS AND ELEVATIONS
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. ___ B~Y_~'{t;~ug ___ ._
---
NEWPORT BAY
EXISTING
STRUCTUPoe
-FERRY
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I TABULATIONS:
I EXISTING SITE AREA:
GROSS S.F. 22,962.30
I (ALLEY SETBACK 1,200.00)
21,762.30
I PROPOSED SITE AREA
GROSS S.F. 19,962.30
I (EXCLUDING 20' ALLEY)
ALLOWABLE AREA -BUILDING (2X BUILDABLE):
I 19,962.30 X 2 = 33',924.60 S.F.
PROPOSED, GROSS 16,915.00 S.F.
I EXISTING COVERAGE:
SITE AREA 1 = 4,198.47 S.F.
SITE AREA 2 = 2,702.44 S.F.
I TOTAL 6,900.91 S.F.
PROPOSED SITE COVERAGE:
I SITE AREA 1 = 6,534.29 S.F.
(NOT INCL. GARAGE)
I (GARAGE -SITE 2 = 9,436.17 S.F.
OPEN SPACE 3,958.51 S.F.
EXISTING USES:
I SITE AREA 1 (NET) :
COOKIE SHOP 150 S.F.
I ICE CREAM SHOP 1,500
BOAT MAINT. 150
RESTAURANT 2,000
RETAIL 500
I HOTEL 1,200
MANAGERIAL 500
STO. & MI SC. 500
I 6,500 S.F.
GROSS AREA (EST.): 7,150 S. F.
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SITE AREA 2:
TOTAL:
PROPOSED USES:
APARTMENT
RETAIL SHOPS
STORAGE
GROSS AREA:
1,715 S.F.
793
194
2,702 S.F.
9,852 S.F.
SITE AREA 1 ~
GROSS RETAIL -LEVEL 1
LEVEL 2
GROSS OFFICE -LEVEL 3
GROSS TOTAL:
NET RETAIL -LEVEL 1
LEVEL 2
NET OFFICE LEVEL 3
NET:
4,299 S.F.
6,282
6,384
16,915 S.F.
4,166 S.F.
5,004
6,128
15,298 S.F.
GROSS RETAIL + NET OFFICE 16,659 S.F.
SITE AREA 2: VALET PARKING ONLY
PARKING -REQD. = 16,659 ~ 250 S.F.
PARKING SPACES
PROPOSED TO BE
DEDICATED TO ADJACENT
USES (ART'S LANDING
OR 67 SPACES
& MAR INA) .;;.27'--__
TOTAL REQ'D 94 SPACES
PROVIDED:
SITE AREA 1:
9X19 2
12X18 1 (LOAD I NG)
SITE AREA 2: GARAGE
8.5X19 66
7.5X15 24 (COMPACT)
TOTAL: 93 SPACES
A-3
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· APPENDIX B
DISTRICTING MAP NUMBER 11
- ----
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SCAL<
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--- -----
BALBOA
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"-..., . ...........
D \·S T R \ C TIN G MAP
_NEWPORT BEACH -CALIFORNIA
~ AGRICtuuRAL RESIDDmAL' • CE:J CEO. SINGLE FAMlLY RESZDEHlUL C£:O
[B=:J DUPL£X RESlDEHTlAL ~
'~-3 Rm'o.wuCm'LEft.WC(RWOEHtW.. CEO
--H COMBIKlH. DISTRICTS rc~ .ard 08 In F .. t Shown n,J.s :-¥o-I
UULTIPU RESIDENTIAL •
LlIioHT OONWERCtlL
GEHERAl COUYmCW.
WANUfi\G1lJ,nHCI
tfiCLASS1F1ED
-
' .... ............
--
ISLAND
~.
- --
:
.. ruJI'NO. ~
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APPENDIX C
FULL TEXT OF MITIGATION MEASURE (MM) 1
and
OTHER STANDARD CITY CONDITIONS
~---------------------------------------------, I
I.
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FULL TEXT OF MITIGATION MEASURE (MM1)
MM1. The following disclosure statement of the City of
Newport Beach's policy regarding the Orange County
Airport should be included in all leases or sub-
leases for space in the project and shall be includ-
ed in any Covenants, Conditions, and Restrictions
which may be recorded against the property.
Disclosure Statement
The Lessee herein, his heirs, successors and assigns ac-
knowledge that:
a) The Orange County Airport may not be able to provide
adequate air service for business establishments
which rely on such services;
b)
c)
d)
When an alternate air facility is available, a com-
plete phase out of jet service may occur at the
Orange County Airport.
The City of Newport Beach may continue to oppose
additional commercial air service expansions at the
Orange County Airport;
Lessee, his heirs, successors and assigns will not
actively oppose any action taken by the City of
Newport Beach to phase out or limit jet air service
at the Orange CountyAirport.
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STANDARD CITY CONDITIONS
In addition to the mitigation measures described in
Section III and the discretionary permits and approvals
identified in Section II, the following standard City con-
ditions will be applied to the project:
A.
B.
C.
D.
E.
The development shall be in substantial conformance
with the approved plot plan, floor plans, elevations,
and sections.
Grading shall be conducted in accordance with pl,ans
prepared by a civil engineer and based on recommenda-
tions of a soils engineer and an engineering geologist
subsequent to completion of a comprehensive soils
and geologic investigation of the site. "Approved
as Built" grading plans on standard-size sheets shall
be furnished to the Building Department.
Prior to occupancy of any buildi~g, the applicant(s)
shall provide written verification from Orange County
Sanitation District No. 5 that adequate sewer capacity
is available to serve the project.
Should any resources be uncovered during grading/con-
struction, a qualified archaeologist or paleontologist
shall evaluate the site prior to completion of such
construction activities, and all work on the site
shall be done in accordance with the City Council's
Policies K-5 and K-6.
Any mechanical equipment and emergency power generat-
ors shall be screened from view, and noise associated
with said structures shall be attenuated so as not
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F.
G.
to exceed 55 dBA at the property lines. The latter
shall be based upon the recommendations of a qualified
acoustical engineer and approved by the Building
Depqrtment.
Prior to issuance of the grading/demolition and build-
ing permits, the Planning Department shall approve
a signing program for the proposed project.
Signing for the project shall be reviewed by the
City traffic engineer.
C-3
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INITIAL STUDY:
BAYVIEW CENTER
NEWPORT BEACH
The Butler
Roach
Group
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c: 10TICE OF OETERMINATION (
TO: [J Secretary for Resources
1400 Tenth Street
Sacramento, CA 95814
Coun ty Cl erk
Qg Public Services Division
P.O. Box 838
Santa Ana, CA 92702
FROM:
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
SUBJECT: Filing of Notice of Determinati~n'in compliance with Section 21108 or
21152 of the Public Resources Code.
PROJECT TITLE: Bayview Terrace U~e Permit No. 3018 & Resubdivision No. 739
.. PROJECT LOCATION: 309 Palm street, Balboa Peninsula Newport Beach
PROJECT DESCRIPTION: The'proposed project consists of a request to permit
CONTACT PERSON:
.' the ~onstruction of ~.combined retail 'commercial/office building
. 'with associated. parking and other facilities and amenities'adjacent
~o Lower Newport Bay. The attached list indicates.the apPLications
requested. .
Fred Talarico, TELEPHONE NO. (714)" 640-2197
STATE CLEARINGHOUSE NUMBER None
This is to advise that the City of Newport Beach has made the following determinations
regarding the above described project:
1. The project has been {ill approved by the City of N'ewport Beach. o di sapproved
2. The project [] will have a significant effect on the environment.
\it] will not /
3. [] An Environmental Impact Report was prepared for this project pursuant ~o
the provisions of CEQA.
D A Negative Declaration was prepared for this project pursuant to the
provisions of CEQA. A copy of the Negative Declaration is available from the Planning Department, City of Newport Beach at the address
DATE RECEIVED FOR FILING:
. Fre~ Talarico, .
I'---___ ~...., Date 8-/tb~
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Applications
The Balboa Bayview Development Company has proposed the following
applications which would allow the construction of a retail
commercial, restaurant and office structure (Parcell); an office and
parking structure (Parcel 2); and associated landscaping on two
separate parcels of land connected by a pedestrian bridge in the
Central Balboa area:
1) Ac~eptance of an environmental document as having been prepared
in compliance with the California Environmental Quality Act
(CEQA), the "State CEQA Guidelines" and City Policy K-3, and
certification that the data was considerid in the final decisions
on the project. --" _
2)
3)
---,
The approval of Use Permit No. 3018 to allow for the construction
of a retail commercial, restaurant and office building, and an
offi"ce and parking lstruc~ure in a Specific Plan Area, where a
Specific plan has not been adopted, and which exceeds 5,000 sq.
ft. of floor area. _ The proposal also includes a request to
establish a cafe/lounge facility and a nighttime only restaurant.
Additionally, the proposed buildings also exceed the basic height
limit in the 26/35 Foot Height Limitation District. The proposal
also includes modifications to the Zoning Code so as to allow the
use of compact car spaces which are not independently accessible.
Use Permit procedures are outlined in Chapter 20.80 of the
Newport Beach Municipal Code. Modification procedures are
outlined in Chapter 20.81 of the Municipal Code.
The-approval of Respndivision No. 739 to establish one parcel of
land for retail colnmercial, restaurant and office development,
one parcel for private vehicular and pedestrian access, and one
parcel for office and parking uses, where seven (7) lots and
portions of two lots, a portion of Edgewater Place and a portion
of a public alley proposed to be vacated, presently exist.
Resubdivision procedures are outlined in Chapter 19.12 of the
Municipal Code. '
.........
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. ,~::~;~_'.,k . ':~ '. "I
• ';(ff~ i'.1'r<.).>tl~"'?11
.. -
. ,~ ),
Present x x
Motion
All Ayes
Kotion
All Ayes
-.
x x x x
x
x
CITY OF NEWPORT BEACH
REGULAR
PLACE:
COUNCIL MEETING
Council Chambers
7:30 P.M.
MINUTES
•
TIME:
DATE: March 14. 1983
~PICdge~ of Allegiance. and Presentation of Colors
was d by Boy beQut Troop No. 37.
Mayor Pr Tem Maurer presented a Proclamation to
David Heff ,no Coach at Corona de:! :far High School;
in recognition of tho Sea Kings ~innlng the elF 3-A
Girls' Basketb~l Championship. Team members who
were in 4ttQndan~were also recognized.
Mayor Hart presente~ermaplaqued Certificates of
Appreciation to Thomas d~ard8, former member of the
Board of Library Trustee and Bill Agee, forner
member of the City Arts Co lssion. in appreCiation
of their snrvice to the Ciey.
A.
B.
C.
D.
1.
ROLL CALL.
The reading of the Minutes of t
February 28. 1983. was vaived. ap
written and ordered filed.
Meeting of
oved. as
The reading in full of all ordinancea a
resolution. under consideracion vas waive and
che City Clerk was directed to read by titl
only.
HEARINGS:
Mayor Hart opened the publiC hearing on APPEAL
OF BALBOA BAYVIEW DEVELOPMENT. INC •• BAL~
from the denial by the Planning Commission on
February 24. 1983, of USE PERMIT NO. 3018 AND
SESUBDIVISION NO. 739. requests to establish
one parcel of land for the construction of a
combined retail com.ercial/office-6uilding.-and
• related parking structure. vieh-offices which
exceed the basic height limit in the 26/35 Foot
Height Limitation District ond includes an
architectural feature ~ich exceeds 35 feet in
height.
.The proposal also includes a request to
establish a cafe/lounge facility, a nighttlme
only restaurant and an office area in excess of
5.000 sq. ft. on property located in the C-l
District of the Central Balboa Spacific Plan
Area where 4 specific plan has not been
adopted. The request also includes
modification to tb~ Zoning Code so 4S to allow
the use of parking apaces which are not
independently accessible and compact parking
apaces for a portion of the required off-streot
parking in conjunction with a full-time valet
parking service. Also, this is n request to
establish one parcel of land for retail
commerCial/office and restaurant development;
one parcel of land for a private vehicular and
pedestrian access; and one parcel of land for
office and parking uses. vhere seven lots and
Volume 37 -Page 84
INDEX
Ip 3018
esub 739
alboa Bayvu
(88)
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"~":'<;'l"\"l""""'" ~.l"
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.~-........... ---.
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,f I •
CITY OF NEWPORT BEACH
MINUTES f~~n'~ .. ~~r"~~l~~ " ~\ ,\
ROLL CAL ~\ ~ >\ '\ ~ ~ March 14. 1983 INDEX
I,
1-,.
,
,
,
;: , ... "-r;:;:,: .:.
portions of two locs. a portion of an abandoned
street (Edguwater Place) and a portion of a
public alley proposed to be vacated, presently
exist. This requQst also includes the
acceptance of an Environmental Document.
Report from Planning Department. was presented.
Appeal application trom Balboa Bayview
Development Company, was presented.
Letter from Balboa Island Improvement
Association in support of the proposed project.
was presented.
The City Clerk advised that after the printing
of the agenda, five additional letters had baen
received regarding the proposed project.
Latters in opposition were fro~ the following:
Mrs. Betty Hart, 301-309 Cypress; Mrs. H. A.
Mansur. 308 Fernando; and Krs. Laib, 416 E. Bay
Avenue. Lotters in support of the development
vere from thn Cantral Newport Beach Community
Association and the Balboa Island Business
Association.
Jules Rickless, 309 Palm AVenue, Applicant,
addressed the Council and displayed a rendering
of the proposed building along with the site
plan. He explained how the building would be
utilized and statcd that the project meets the
guidelines stipulated in the report of the
Planning Depattment. He advised that the
development had been endorsed by the five
community associations in the area, and that it
would generate additional sales and property
tax, and employment ••
Mr. Rickles8 introduced Ian Garrnd, President
of Spacs-O-Matic, inc! t who gave a video .
presentation of the use of the space·o·matic
double-deck parking system.
Hr. Rickless stated that he wished to propose
an additional Condition of Approval for
consideration, S8 follows:
"107. That prior 'to the issuance of
any building permit. the
applicant shall enter into an
asreement approved by the
Planning Department and City
Attorney. whereby he agrees to
discontinue use of the
space-o-matic parking machines
Dnd valet parking if. in the
future, the City provides
additional parking within the
area or a program that would
meet the needs of the project.1t
Volume 37 -Page 85
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.;_-t.'~-f._",I.."'" eo -:', .~ .' .,
,~ ....
> '-,
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.. ... ~ " .:
.... .; ....... , ..
:>}~li;; ·:,~·:~;:~Z~~~_ ,'.-.... . ·~~~~,~~~~:~,r:~·~::~~~.;~":~1:t~
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• ". 'I. ...
CITY OF NEWPORT BEACH
MINUTES \;"\~~'1~\
ROLL ~~~\ \,'\,~ >tmh I. I • ., INnov
Hotion
Ayes
AbSt4in
-
.
Discussion .:!:nsued wieh respect to improvement
of the proposed vacated alley. after which the
staff indicated said improvemnnt could be
included and added as part of Condition of
Approval No. 81.
In response to question raised by Mayor Hart In
reference to letter from Mrs. H. A. Mansur
pertaining to Superior Court Case No. 16906.
Cassel VB. City of Newport Beach. 1971. the
City Attorney advised that the subject lawsuit
involved a diffetent piece of property than the
one under considcration. and that Condition No.
31 of the Rcsubdivision ndequntely protects the
interest of the public in the atatus of
Edgevater Place and the right of the public to
traverse that walkway.
The following persons addressed tho 'Council and
spoke in favor of the proposed project:
Ray Lilly. President. Balboa Island
Business Association
Pat Eichenhofer. President. Peninsula
Point Community Association
Henry SWenerton. President. Central
Newport Beach Community Association
Robert Stanley. 1323 E. Balboa Boulevard
Buzz Person. President. Balboa Improvement
Association
Barney Larks. 1901 Beryl Lane
A. Z. Taft, President. Balboa Island
Improvement Association:
Rearing no others wishing to address the
Council, tbe public hearing was closed.
In response to questionlra1sed regarding
Condition of Approval No. 107 teferenced
earlier 1n the hearing. Hr. Rickless stated he
has looked at the capital' inveatment of the
space-o-matie. but that he would discontinue
its use immediately if additional parking
became available.
Folloving discussion. motion was made to
overrule the deciaion at the Planning
Commission. including the findings designated
88 Exhibit "A;" that Condition of Approval No. 'Debe nmenCled" to-Include""i:fc yacated alley; and
that Condition of Approval No. 107 be ~evised
to r~~~ as follows:
Volume 37 -Page 86
~------~------------------~~~----------------~~I A ., --""""' ........ -""': I I •
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_, ...... J.:.:..-..Iw ............. ,:> ...:.:., •• : ... " .. -.......... , ~ ..... ~--• _... • :.:~ ... :-~ •• ~-. ..: ,-I
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CITY OF NEWPORT BEACH
MINUTES
Mnrch 14, 1983
I.
2.
J,
-_____ ~ _____ • ________ ::1 -
"107. That prior to the issuance of any
building permit. the applicant shall enter
into an agreement approved by the Planning
Department and City Attorney. whereby the
City of Newport Beach reserves the right
to require applicant to discontinue use of
the space-o-matte parking machines and
valet parking if. in the futuro, the City
provides additional parking within the
aroa or a program that would meet the
parking needs of the project."
Betty Soutb. 500 Dahlia Avonue,
addressed the Council regarding
problem on her street.
The Director of Public Works
drainage facilities b,uilt at the time
were constructed in the subject area
to be adequate, but have proven not
adequate in later years. He stated
aware of Mrs. South's pro'.l •• ,;
been prepared; and that
recommending a project to
Unfortunately, he advised
service the area :;!£~~~.::!::~~~;~ costly and funds are not
Bu%% Person. 605-1/2 W.
he is Chairman of the
School Re;:ni!O~.n~i:~::;:::::::~:':'!::~i.~~: m4ke the
of locating some
Sylvia 'Goddard, 438 AVenue, Corona del
Kar, addressed the and concurred iri~the
remarks of Betty She stated that she
had 4-1/2 in her house, and urged
that their drai,,.,,. problem be given
consideration.
T:~~;':~~r.;:~:~~~.'NePtune Avenue. addressed u uU.S.A. Todayu newsracks.
was lIabsurd" for the
time dictating the
newsracks. He stated that he p,,",,k,,.I.d.r in "U.S.A. Today." nor
for the company. or read the
He stated he felt the colors were
nor would they distract
He added that the Orange County
was nov in support of the nevsracks.
Volume 37 -Page 87
Avl
Avl I"rat" •••
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CITY COUNCIL APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
USE PERMIT NO. 3018 AND RESUBDIVISION NO. 739
USE PERMIT NO. 3018
FINDINGS:
1. That an Initial Study and Negative Declaration have been prepared
in compliance with the California Environmental Quality Act, and
that their contents have been considered in the decisions on this
project.
2. That based on the information contained in the Negative
Declaration, the project incorporates sufficient mitigation
measures to reduce potentially significant environmental effects,
and that the project will not result in significant environmental
impacts.
3. That the proposed development is consistent with the General
Plan; the Land Use Plan of the Local Coastal Program as
conditionally certified by the Coastal Commission and accepted by
the City Council; and is compatible with surrounding land uses.
4. The proposed use of not independently accessible and compact car
spaces will not, under the circumstances of this particular case,
be detrimental to the health, safety, peace, comfort, and general
welfare of persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the
City and further that the is consistent with the legislative
intent of Title 20 of this Code.
5. The approval of Use Permit No. 3018 will not, under the
circumstances of this case be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing
and working in the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or the general
welfare of the City.
6. The increased building height will result in more public visual
open space and views than is required by the basic height limit.
7.
8.
The increased building height will result in a more desirable
architectural treatment of the building and a stronger and more
appealing visual character of the area than could be provided
with in the basic height limit.
The increased building height will not result in undesirable or
abrupt scale relationships being created between the structure
and existing developments or public spaces.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 2
9. The structure will have no more floor area than could have been
achieved without the use permit.
10. That the proposed project including the office portion thereof is
in keeping with the desired character of the specific plan area
as identified in the General Plan.
11. That the proposed project is consistent with the General Plan
pOlicies.
12. That the proposed use will not preclude the attainment of the
Specific Area Plan objectives stated in the Land Use Element of
the General Plan.
CONDITIONS:
1. That all
approved
as noted
development shall
plot plan, floor
below.
be in substantial conformance with the
plans, elevations and sections except
2. That all applicable conditions of Resubdivision No. 739 shall be
fulfilled.
3. . Development of site shall be subject to a grading permit to be
approved by the Building and Planning Departments.
4. The grading plan shall include a complete plan for temporary and
permanent drainage facilities, to minimize any potential impacts
from silt, debris, and other water pollutants.
5. The grading permit shall include, a description of haul routes,
access points to the site, and watering and sweeping programs
designed to minimize impact of haul operations on the public
streets system. The routes and cleaning program shall be
approved by the Public Works Department.
6. An erosion, siltation and dust control plan, if required shall be
submitted and be subject to the approval of the Building
Department and a copy will be forwarded to the California
Regional Water Quality Control Board Santa Ana Region.
.', 7. That grading shall be conducted in accordance with plans prepared
by a civil Engineer and based on recommendations of a soils
engineer and an. engineering geologist based upon the completion
of a comprehensive soil and geologic investigation of the site.
This shall establish parameter of design for the proposed
structure and also provide recommendations for gradi~g.
Permanent reproducible copies of the "Approved as Built" grading
plans on standard size sheets shall be furnished to the Building
Department.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 3
8. Prior to the issuance of building permits the City may require
the applicant to provide documentation of existing structural
conditions in the vicinity of the proposed project and the
estimated extent and impact of subsidence on surrounding
structures, utilities and other improvements, to the satisfaction
of the Building and Safety, Public Works and Planning Departments
of the City of Newport Beach.
9.
10.
11.
12.
13.
If required by the City, during excavation and throughout
dewatering of the project site, the applicant shall monitor the
extent of subsidence and its associated impacts through placement
of appropriate testing devices under the supervl.sl.on and
surveillance of a qualified soils engineer. The City shall be
kept informed in a manner approved by the Building Department &
Public Works Department regarding any structural impacts on
adjacent properties and other improvements and if necessary,
construction processes shall be modified to eliminate such
impacts and the applicant shall repair any improvements damaged
by subsidence.
Prior to issuance of any grading or building permits, a National
Pollutant Discharge Elimination 'System (NPDES) permit shall be
obtained establishing discharge requirements for water extracted
during dewatering processes if the process is necessary for
project construction.
Suspended solids (sand) shall be separated from extracted water
to comply with specified standards prior to disposal. Sand
disposal shall be at a location and by a method approved by the
Santa Ana Regional Water Quality Control Board and the City of
Newport Beach.
Provision shall be made, if necessary, for the treatment of
hydrogen sulfide (H 2S) in groundwater by Chlorination in order to
comply with standaras specified by the Santa Ana Regional Water
Quality Control Board prior to disposal into Newport Bay and to
control odors emanating from dewatering process.
Unreacted chlorine resulting from treatment of H2 S shall be
neutralized, if necessary, by methods approved by tfie Santa Ana
Regional Water Quality Control Board prior to disposal of water
into Newport Bay.
14. All onsite drainage shall be approved by the Building Department.
15. Electric pump motors shall
equipment to reduce potential
Building Department.
be required for any dewatering
noise levels and approved by the
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 4
16. During construction, noise producing equipment shall be enclosed
by barriers or baffled in a manner established by a qualified
acoustical engineer to the satisfaction of the Planning and
Building Departments.
17. Prior to issuance of building and/or grading/demolition permits,
the Planning Department shall approve a signing construction
program for the proposed project.
18. An Army Corps of Engineers permit and a Harbor permit shall be
obtained prior to any alteration of bulkheads.
19. Should barges be utilized for construction, a Harbor permit shall
be obtained.
20. Demolition and construction shall not be commenced until after
September 7, 1983, to avoid peak seasonal traffic or shall be
accomplished in a manner satisfactory to the Planning and
Building Department's during the period April 15, 1983 to
september 7, 1983.
21. In order to ascertain periods of greatest potential impact from
noise, vibration, and congestion, the project applicant shall
submit a detailed construction schedule to the City of Newport
Beach, outlining the time frame for each phase of construction
prior to or at the time of application for building permits. The
construction schedule shall be approved by the Planning and
Building Departments.
22. The relocation of public utilities shall be coordinated with and
approved by local utility companies and public agencies as
appropriate.
23. During any closure of adjoining streets which may be required
during the proposed construction phases, alternative pedestrian
circulation shall be provided to the satisfaction of the City of
Newport Beach Planning and Public Works Departments.
24. All activities that require full or partial street closures,
parking prohibition, heavy truck traffic, large or heavy loads or
similar activities shall be approved by the Police Department and
City Traffic Engineer.
25. Trucks shall utilize Adams Street and Palm Street for ingress and
egress.
26. Closure of Palm Street shall be prohibited at any time.
27. The building contractor shall examine existing streets to ensure
that trucks assigned to the project can negotiate required turns
and demonstrate such to the satisfaction of the Public Works and
Building Departments.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
PAGE 5
28. If barges are utilized during the construction period, prov~s~ons
shall be made to provide replacement on a one-for-one basis of
any boat slips displaced during the period of displacement in a
manner approved by the Planning Department.
29. Construction workers shall utilize public parking lots at Palm
Street and Main Street. The applicant shall purchase parking
permits in a manner approved by the City. One space for each
construction worker on the site during the construction period
shall be purchased. At the earliest possible date, which sha~l be
established by the Building Department, all construction workers
shall be required to park in the parking structure.
30. An engineer's report may be required by the City's Building
Department on the adequacy of the existing bulkhead, including
inspection and evaluation of all tie rods shall be prepared by
the applicant prior to the issuance of a' grading permit and
approved by the Building and Marine Safety Departments for the
proposed project.
31. The owner shall grant public access rights to the City and enter
into an agreement with the City to keep the area from the
bulkhead to the proposed structure free from hindrances to public
access and to repair and keep the area in a good and safe
condition at their sole cost and expense.
32. The following disclosure statement of the City of Newport Beach's
policy regarding the John Wayne Airport should be included in all
leases or sub-leases for space in the project and should be
included in any Covenants Conditions, and Restrictions which may
be recorded against any undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns, herein, acknowledge
that:
a.) The John Wayne Airport may not be able to provide adequate air
service for business establishments which rely on such service 1
b.) When an alternate air facility is available, a complete phase out
of ~et service may occur at the John Wayne Airportl
c.) The City of Newport Beach will continue to oppose additional
commercial area.service expansions at the John Wayne Airport;
d.) Lessee, his heirs, successors and assigns, will not actively
oppose any action taken by the City. of Newport Beach to phase out
or limit jet air service at the John Wayne Airport.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 6
33. A landscape and irrigation plan for the project shall be prepared
by a licensed landscape architect. (Prior to the occupancy of any
structure, the licensed landscape architect shall certify to the
Planning Department that the landscaping has been installed in
accordance with the prepared plan).
34. The landscape plan shall be subject to the review of the Parks,
Beaches and Recreation Department, the Public Works Department
and approval of the Planning Department.
35. The landscape plan shall include a maintenance program which
controls the use of fertilizers and pesticides.
36. The landscape plan shall place heavy emphasis on the use of
drought-resistant native vegetation and be irrigated via a system
designed to avoid surface runoff and over-watering.
37. The landscape plan shall place heavy emphasis on fire-retardant
vegetation.
38. Street trees shall be provided along the public streets as
required by the Public Works Department and the Parks, Beaches
and Recreation Department.
39.
40.
41.
42.
43.
44.
Landscaping shall be regularly maintained free of weeds and
debris. All vegetation shall be regularly trimmed and kept in a
healthy condition.
The landscaping plans adjacent to the parking garage entrances
shall be reviewed and approved by the Public Works Department and
the Department of Parks, Beaches, and Recreation for sight
distance requirements.
The structure,
and exterior).
the buildings,
shall retain a single design theme (both interior
Signage shall be of a similar design throughout
and shall be approved by the Planning Director.
All mechanical equipment, vents, and other service equipment
shall be shielded or screened by architectural design.
Maintenance agreements shall be required for all non-standard
landscape' improvements and materials and will be' subject to
approval by the Parks, Beaches & Recreation, Planning, and Public
Works Departments.
The landscape plan shall be designed so as to be visually
cohesive with the character of the Central Balboa area. Palm
Street shall be planted with palm trees. East Bay Avenue, Adams
Street, and Edgewater Place shall be landscaped with trees in
such a manner as to achieve a canopy effect similar to Main
Street in the Central Balboa area.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 7
45. Street signs, tables, benches, planters, and other similar
features onsite or adjacent to the project site shall be designed
with a common theme and shall be approved by the Public Works;
Parks Beaches & Recreation; and Planning Departments.
46. Prior to issuance of any building permits authorized by the
approval of this use permit, the applicant shall deposit with the
'City Finance Director the sum proportional to the percentage of
future additional traffic related to the project in the subject
area, to be used for the construction of a sound attenuation
barrier on the southerly side of West Coast Highway in the West
Newport Area.
47. That any roof top or other mechanical equipment shall be sound
attenuated to be no greater than 55 Dba at the property lines.
48. That any mechanical equipment and emergency power generators
shall be screened from view and noise associated with said shall
be attenuated to acceptable levels in receptor areas. The 1att~r
shall be based upon the recommendations of a qualified acoustical
engineer, and be approved by the Planning Department.
49. That prior to the issuance of building permits, the Fire
Department shall review the proposed plans and may required
automatic fire sprinkler protection.
50. The Fire Department access to the site shall be approved by the
Fire Department.
51. That all buildings on the project site shall be equipped with
fire suppression systems approved by the Fire Department.
52. The proposed project shall incorporate an internal security
syst~ (i.e. security guards, alarms, access limits after hours)
that shall be reviewed by the Police and Fire Department and
approved by the Planning Department.
53. That all access' to the buildings be approved by the Fire
Department.
54. That all on site fire protection (hydrants and Fire Department
connections) shall be approved by the Fire and Public Works
-', Departments.
55. Fire vehicle access shall be approved by the F~re Department for
al'l public rights-of-way and easements improved by the applicant.
56. All work on the site shall be done in accordance with City
Council Policy K-5 and K-6. Verification of said work shall be
provided to the Building and Planning Departments.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 8
57. No additional restaurant facilities shall be permitted on-site
without the approval of an amendment to this use permit.
Furthermore, the approved restaurant uses shall not expand their
operations onto the third level observation deck without the
approval of an amendment to this application. That public access
to the deck to be utilized by the public shall not be restricted
during normal business hours.
58. That a minimum of one parking space per 40 sq. ft. of "net public
area" shall be provided for the proposed restaurant facility and
the cafe/lounge.
59. That the second ,floor restaurant facility shall not be open for
business prior to 5:00 p.m., Monday through,Friday.
60. That kitchen exhaust fans in the restaurant uses shall be
designed to control odors and smoke in accordance with Rule 50 of
the South Coast Air Quality Management District.
61. That a washout area for the restaurant trash containers be
provided in such a way as to insure direct drainage into the
sewer system and not into the Bay or the storm drains.
62. That grease interceptors shall be installed on all fixtures in
the restaurant facilities where grease may be introduced into the
drainage systems in accordance with the provisions of the Uniform
Plumbing Code.
63. A cleanup program (weekly during the winter and daily during the
summer) around the docks and public walks shall be conducted.
During construction devices shall be installed to prevent waste
from entering Newport Bay in a manner approved by the Building
Department.
64. The final design of onsite vehicular and pedestrian circulation
shall be reviewed and approved by the Public Works and Planning
Departments prior to issuance of a grading permit.
65. Should the conditions of approval of this project reduce the
number of required onsite off street parking spaces the
space-o-matic parking spaces shall be eliminated first.
-, 66. Valets and/or attendants shall be provided at all times the
project is in use.
67. The applicant shall provide for marina parking requirements.
68. The parking garage shall be designed to accommodate short-term
parking spaces to the satisfaction of the City Traffic Engineer
and the Planning Department.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 9
69.
70.
71.
72.
73.
74 •
That the applicants shall provide free employee parking in the
structure in a manner approved by the Planning Department.
The parking program, shall be designed so
lease agreement and lessee shall not
validation on an optional basis.
as to be a part of any
be required to buy
The applicant shall compensate the City of Newport Beach for loss
of revenues and for anyon-street parking space lost in excess of
gain by project implementation. Said compensation shall be based
upon the cost of replacing (in the Central Balboa Area) any lost
spaces and revenues as determined by the City. The compensation
shall not include parking spaces lost in providing reasonable
access to the property as determined by the City's Public Works
and Planning Departments. .
The design of all parking levels shall be subject to further
review and approval of the City Traffic Engineer.
Valets shall be required from one hour before to one hour after
normal business hours of all building tenants.
Access to tandem and space-o-matic spaces shall be controlled at
all times.
75. Space-o-matic devices shall not encroach into required stall
sizes.
76. Nighttime lighting shall be limited to that which is customary
for normal business operations and consistent with the proposed
project design and architectural style. Outlining of the
proposed str1:,.cture, shall be permitted in a manner consistent
with that of the Pavilion. The outlining, if accomplished, shall
use smaller and dimmer bulbs than the Pavilion. Said lighting
plans' shall be approved by the Planning Director.
77. Fugitive dust emissions during demolition and construction shall
be minimized by watering the site for dust control, containing
excavated soil onsite until it is hauled away, and periodically
washing adjacent streets to remove accumulated materials.
78. Heating and cooling systems shall be designed to take advantage
-', of the natural site orientation and existing natural ventilation
patterns to the maximum degree practical.
79. Prior to occupancy of the building, the applicant shall provide
written verification from Orange County Sanitation District No. 5
that adequate sewer capacity is available to serve the project.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 10
80. Twenty-four-hour security shall be required on the project site
as approved by the City of Newport Beach Police Department and
Planning Department.
81. Special paving treatment common to the project shall be provided
for the public sidewalk areas on Palm Avenue and East Bay Avenue,
from the proposed building line to the Bulkhead line, for all of
Adams Street, and for the vacated alley, in a manner acceptable
to the Public Works and Planning Departments.
82. That any tables in the pedestrian easement area, be for general
public use and that no food or beverages be served to customers
at the tables by adjoining restaurants.
83. That during the construction period, a minimum 12 foot wide
surface pedestrian way be maintained along the bay on weekends
and holidays between April 1 and June 15 and September 15 and
October 15; and that the 12 foot pedestrian way be maintained at
all times between June 15 and September 15.
84. Handicapped parking shall be provided in a manner and quantity
approved by the City Traffic Engineer. The handicapped parking
shall be designed so as to be conveniently located near elevators
in the parking area.
85. The applicant shall enter into an agreement· and post a bond
guaranteeing the repair of all damage to the public street system
and/or utilities that might be caused by the construction
process.
86. The applicant shall enter into an agreement and provide a policy
of insurance guaranteeing the repair of all damage to private
property, business interruption, or other damage caused by the
construction process. Said bonds shall be based upon conditions
of approval of this project and studies required thereby and
shall be approved by the City's Building Department, Public Works
Department, City Attorney's Office and Finance Department.
87. Prior to the issuance of any building, grading and/or demolition
permits for the project the applicimt shall agree to make such
minor changes to the project as maybe caused by revisions to the
Central Balboa area overall circulation system. The agreement
<. shall be subject to the approval of the City Attorney's Office
and Planning Department.
88. The applicant shall deposit $5,490.60 for a feasibility study of
a tram shuttle. The applicant shall also agree to participate in
the implementation of a tram shuttle system, should it occur, on
a pro rata basis, based on square footage equal to other
merchants in the area.
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CITY COUNCIL
APPROVED ,FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 11
89. That a m~n~mum IS-foot clear area be maintained within the
easement area that will exist from the proposed building line to
the bulkhead line. The exact location and design of said area
shall be subject to the approval of the Planning Department,
Public Works Department, and Parks, Beaches and Recreation
Department.
90. That a minimum 35 foot wide surface
City for pedestrian use along the
consistent with the requirements
Resubdivision No. 739.
91. Deleted.
easement be granted to the
Bay side of the property
of Condition No. 31 on
92. The applicant shall demonstrate to the satisfaction of the City
Traffic Engineer the availability of compact size space-o-matics
prior to the issuance of any grading or building permits.
93. That the proposed decorative cupola shall be open in design atop
the project and not exceed thirty-nine feet, six inches (39'6"),
height measured from grade. The flag pole shall not exceed
forty-five feet (45') above grade.
94. Prior to issuance of the grading/demolition and building permits
the Planning Department shall approve a signing program for the
proposed project.
95. Signing for the project shall be approved by the City Traffic
Engineer.
96. During all phases of construction, noise producing equipment
shall be enclosed by barriers or baffled in a manner established
by a qualified acoustical engineer to the satisfaction of the
Plann~ng and Building Departments.
97. If required, a system of barriers and overhead protection shall
be provided during demolition processes in order to prevent
debris from falling into adjacent streets and Newport Bay to the
satisfaction of the Building and Marine Safety Departments.
98. The building contractor shall examine existing streets to ensure
that trucks assigned to the project can negotiate required turns
~ and demonstrate such to the satisfaction of the public Works and
Building Departments.
99. Any construction on the site shall be done in accordance with the
permitted height restriction. This shall apply to any landscape
materials, signs, flags, etc. as well as structures, except as
may be modified by the approval of this application.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 12
100. The applicant shall cooperate with the City Traffic Engineer and
Public Works Department to determine the potential necessity for
left-turn facilities on East Balboa Boulevard at Adams Street or
at Palm Street.
101. The driveway surfaces in the parking structure shall receive
appropriate treatment to minimize or eliminate tire noise, and
speed control within the structure shall be observed by parking
attendants to further mitigate any potential noise associated
with parking activities.
102. Final design of the project shall provide for the incorporation
of water-saving devices for project lavatories and other
water-using facilities.
103. Final design of the project shall provide for the sorting and
collection of recyclable material from other solid waste. Prior
to occupancy of the buildings, the program for sorting recyclable
material shall be developed and approved by the Planning
Department.
104. Final design of the project shall provide for adequate security
lighting in public areas and the parking structure.
105. The project lighting system shall be designed and maintained in
such a manner so as to conceal the light source and to minimize
light spillage and glare to the adjacent area. The plans shall
be prepared and signed by a licensed electrical engineer, with a
letter from the engineer stating that, in his opinion, this
requirement has been met.
106. That the alley (Parcel No.3, Resubdivision No. 739) shall be a
maximum of eighteen feet (18') to ,allOW for an eight foot (8')
wide sidewalk and landscaping along East Bay Avenue.
107. That prior to the issuance of any building permit, the applicant
shall enter into an agreement approved by the Planning Department
and City Attorney, whereby the City of Newport Beach reserves the
right to require the applicant to discontinue use of the
space-o-matic parking machines and valet parking if, in the
future, the City provides additional parking within the area or a
program that would meet the parking needs of the project.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 13
RESUBDIVISION NO. 739
FINDINGS:
1.
2.
3.
4.
That the map meets the requirements of Title 19
Beach Municipal Code, all ordinances of the City,
general or specific plans and the Planning
satisfied with the plan of subdivision.
of the Newport
all applicable
Commission is
That the proposed resubdivision presents no problems from a
planning standpoint.
That the design of the subdivision or the proposed improvements
will not conflict with any easements, acquired by the public at
large, for access through or use of property within the proposed
subdivision.
That the grades established by the map for measuring building
heights are reasonable; in keeping with adjacent properties and
public safety; and the intent of the height limitation ordinance.
CONDITIONS:
1.
2.
3.
4.
5.
6.
7.
That a parcel map be filed.
That all improvements be constructed as required by ordinance and
the Public Works Department.
That a subdivision agreement and accompanying surety be provided
to guarantee satisfactory completion of the public improvements
if it is desired to record the parcel map or obtain a building
permit prior to completion of the public improvements.
That all work within the public right-of-way be completed under
an encroachment permit issued by the Public Works Department.
That the on-site parking circulation and pedestrian circulation
systems be subject to further review by the Traffic Engineer.
That a storm drain inlet at the Adams Street street-end be
constructed and that a valve be installed in the storm drain line
unless otherwise approved by the Public Works Department.
That the intersection of the private drives with the public
streets be designed to provide sight distance for a speed of 25
miles per hours. Slopes, landscaping, walls and other
obstruction shall be considered in the sight distance
requirements. Landscaping within the sight distance line shall
not exceed twenty-four inches in height. The sight distance
requirement may be modified at non-critical locations, subject to
approval of the Traffic Engineer.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 14
8. That a corner cutoff, acceptable to the Public Works Department,
at the corner of Adams Street and East Bay Avenue be dedicated to
the public for pedestrian purposes.
9. That street, drainage and utility improvements be shown on
standard improvement plans prepared by a licensed civil engineer.
10. That a study of existing public water, sewer and storm drain
facilities available to the site be made by the development prior
to recording the parcel map, to determine their capacities. Any
upgrading modifications or extensions to the existing storm
drain, water and sewer systems shown to be required shall be the
responsibility of the developer. All work on the public sewer,
water, and storm drain systems shall be completed or bonded for
prior to issuance of any building permits.
11. That a cOl;tdition survey of the existing bulkhead along the bay
side of the property be made' by a civil or structural engineer
and that the bulkhead be repaired in conformance with the
recommendations of the condition survey and to the satisfaction
of the Building and Marine Departments and that the existing
bulkheads be raised to elevation 9.D (L.L.W).
12. That the existing deteriorated street lights along the property
frontages be replaced with new street lights as approved by the
Public Works Department and Utilities Department unless otherwise
approved high pressure sodium-vapor lumanars with multiple a
wiring system shall be provided.
13. That all landscaping and non-standard paving surfaces within the
public right-of-way and pedestrian easement be approved by the
Public Works Department and that a license agreement be provided
for maintenance of the non-standard improvements.
14. That the existing curb returns at the corner of East Bay Avenue
and Adams Street be reconstructed with an access ramp.
15. That the existing, deteriorated concrete sidewalk and curb along
the Palm Street, East Bay Avenue and Adams Street frontages be
reconstructed and that any unused driveway aprons be removed and
replaced with curb and sidewalk.
~ 16. Tha~ the existing overhead utilities along the Adams Street, the
alley and Palm Street frontages shall be undergrounded.
17. That sidewalk width of 9'-6" on Palm Street, be maintained and
that a l' -6" easement for pedestrian purposes be granted to the
City.
18. That an eight foot wide sidewalk be constructed on Bay Street and
that the required additional right-of-way be dedicated to the
City for pedestrian purposes.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 15
19. That there be no permanent underground structural encroachments
into the public right-of-way without the approval of an
Encroachment Permit and that any temporary encroachments be
subject to the approval of the Public Works Department.
20. That applicant repair or replace (as determined by utilities
Department and Public Words Departments) any utility damaged
through subsidence or any other construction activity related to
the proposed development.
21. That during the construction period, a mJ.nJ.mum 12 foot wide
surface pedestrian way be maintained along the bay on weekends
and holidays between April 1 and June 15 and September 15 and
October 15; and that the 12 foot pedestrian way be maintained at
all times between June 15 and September 15.'
22. During any closure of adjoining streets which may be required
during the proposed construction phases, alternative pedestrian
circulation shall be provided to the satisfaction of the City of
Newport Beach Planning and Public Works Departments.
23. All activities that require full or partial street closures,
parking "prohibition, heavy truck traffic, large or heavy loads or
similar activities shall be approved by the Police Department and
City Traffic Engineer.
24. Closure of Palm Street shall be prohibited at any time.
25. 'The owner shall grant public access rights to the City and enter
into an agreement with the City to keep the area from the
bulkhead to the proposed structure free from hindrances to public
access and to repair and keep the area in good and safe condition
at their sole cost and expense.
26. The applicant shall enter into an agreement and post a bond
guaranteeing the repair of all damage to the public street system
and/or utilities that might be caused by the construction
process.
27. That a minimum 15-foot clear area be maintained within the
easement area that will exist from the proposed building line to
the bulkhead line. The exact location and design of said area
_, shall be subject to the approval of the Planning Department,
Public Works Department, and Parks, Beaches 'and Recreation
Department.
28. That a traffic signal be installed at the intersection of East
Balboa Boulevard and Palm Street prior to occupancy. If other
developments are required to construct this signal, up to 50% of
the cost may be reimbursed by those developments.
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CITY COUNCIL
APPROVED FINDINGS AND CONDITIONS
MARCH 14, 1983
BAYVIEW CENTER DEVELOPMENT
Page 16
29. That the existing 10 foot wide alley between Adams Street and
Palm Street be abandoned prior to issuance of a Building Permit
and that an ingress, egress agreement to be provided between
adjacent property owners fronting the existing alley and that the
private alley have a minimum width of 20 feet.
30. That natural grade for purposes of establishing building heights
be set at 6.50 M.S.L. (9.23 MLLW).
31. That a title report be obtained to ascertain the status of title
to Edgewater Place. If it is determined that the applicant and
landowner has the underlying fee interest, then an easement for
pedestrian and public utilities purposes shall be granted to the
City over and under Edgewater Place estimated to be 34.8± feet
wide and across the frontage of Parcell. If Edgewater Place is
determined to be under public domain then the applicant/landowner
shall quit claim to the City any rights they might have to
Edgewater Place or other portions of the property shown to be
public.
32. That the alley (Parcel No.3, Resubdivision No. 739) shall be a
maximum of eighteen feet (18') to allow for an eight foot (8')
wide sidewalk and landscaping along East Bay Avenue.
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SPACE-O-MATIC
INCORPORATED
14004 PALAWAN WAY. PHS. MARINA DEL REV, CALIFORNIA 90291 • PHONE {2131 821·0626· CABLE SPACEO~ATIC LOS ANGELES
March 8, 1983
Mr. ll'red Talarico, Plarming Dept.
CITY OF NEWPORT BEACH
3300 west Newport Boulevard
P. o. Box: 1768
Newport Beach, CA 92662
Re: Proposed Bayview Terrace, Newport Beach
Dear Mr. Talarico,
Jules Rickless called me this IIOming asking me to send
you inforrration on our Space-O-M:ltic double-deck parking
nachines.
I enclose a selection of brochures, testirronial letters
and certificates of approval, which will interest you.
As you nay be aware, the nachines have been approved by
both the Coastal Comnission and the Ci1:¥ of Newport
Beach for REX;;lUIRED parking in the Balboa Marina --
fornerly the "Fun Zone".
If there is any other inforrration you nay require, please
do not hesitate to call me.
Enclosures: Brochure
List of owners
Dept. of Industrial Safety, Certificate of Approval
Coastal corrmission Approval
TestiIronial letters --Peck/Nornan
Menlo Towers
Four Comers Investment Co.
Euclid Managerrent Assn.
cc -Mr. Jules Rickless --with all enclosures
affilltated WIth space-maker International
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space.o.matic inc]
DOUBLE-DECK PARKING CREATES VALUABLE REAL ESTATE
Space-O-Matlc I Parkmaster Series
A parking system, patented world-wide which verti-
cally stacks two cars in one parking space.
The hydraulically-operated machines double the
number of parking spaces inside buildings or on
open lots.
Property Owners, Developers, Real Estate
Groups, Artchltects, Parking Operators
Increases the area available for living space orcom-
mercial use. Employees, clients and tenants are as-
sured of parking spaces.
Satisfies many building codes which require suffi-
cient parking.
Where To Install Parking Machines
Office buildings, new condominiums and conver-
sions, apartment complexes, automobile dealer-
ships, new constructions as well as existing build-
ings with parking problems, and parking lots.
Clients
In North America, customers include General Mo-
tors, Ford Motor Company, The United States Gov-
ernment, The State of California, plus many other
major corporations.
Internationally, Space-O-Matic systems are used
in most countries In Europe, The Far East and South
Amenca.
Reputation
The world leader in solving parking problems since
196B.At a fraction ofthe cost of new construction, or _
buying nearby property, Space-O-Matic creates
valuable real estate.
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SPACE-O-MATIC PARKMASTER SERIES GENERAL SPECIFICATION
All dimensions subject to change-
confirm current specification prior
to construction commitment.
Inside Buildings:
Floor to' ceiling height, un-obstructed,
11 '6" (3S0.Scm). Custom built machines
available to SUIt lower ceilings.
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Electrical:
220-440 volt, 3 phase or equivalent at
power pack location. Other electncal
supplies available to speCial order.
Power Pack:
Sublect to machine lay-out, each power
pack will operate up to 40 machines.
Machine Weight:
1 complete machine weighs 2250
pounds (1 020kg). Necessa", live floor
loading, 70 pounds per square foot
(342kg/m'). •
Vehicles Accepted:
All domestic and imported cars and
light pick-up trucks.
Load Capacity:
6,000 pounds (2722kg) each machine.
To Operate Machine
Dnve car on to platform, set brake and
exit. Push control lever, which causes
platform to raise and lock mechanically
in 15 seconds. A second car can then
be parked under the platform.
Safety Features:
When in uup" position, machines are
locked mechanically, requirin\] no
hydraulic power. Safety sensor Will not
allow top car to be lowered when a car
is underneath. Mechanical over-ride
on power pack allows top car to be
lowered in event of electrical failure.
Extra Charge Options:
Include custom built machines to com-
ply with lower ceiling height. Shorter
platforms to accommodate sub-
compact and Imported cars only. Centre
to centre (width) machines available to
suit speCial conditIons.
Domestic and International
Approvals:
Available upon request.
q
~ __________ ~~1~6'~0_,,~ ____________ 1 PLAN
(4877 em)
1= ,
)4 I -01
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16' 0" (487.7em)
8'6"
(259.1 em)
25U!" :o'~' /"D64.8cmft
'?:i \v(f:\\ O~·
SIDE ELEVATION
FRONT ELEVATION
POWER PACK UNIT
Standard power pack eqUipped
Vt1\h 10 Hp MOTOR and 10 GPM
PUMP,plus mechanical overnde
pump In case 01 power failure
Weight: 550 lb. (249 47 kg)
14004 PALAWAN WAY, PH8, MARINA DEL REY, CALIFORNIA 90291
PHONE (213J 821-0626 / CABLE SPACEOMATIC LOS ANGELES
~
~ SPACE-O-MATIC
INCORPORATED
II ~::::::::::...II 14004 PALAWAN WAY PH8 MARINA DEL REY, CALIFORNIA 90291, PHONE (2131 821·0626' CA8LE SPACEOMATIC LOS ANGELES
11
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SPllCE-0-MATIC PARI<IOO Mru::HINES ARE USED BY:
'!HE tlNI'I'ED STATES GO\7ElU!ENT
'!HE STA!rE OF CALIro:mtA
'!HE CXXJNl'!{ OF ICS AmETES
GENERAL IDlORS
FORD M:7roR a:MI?ANY
~OFAMEm:CA
NISSAN IDlORS (IlM'Sl.lN)
B:JNCA M:7roR a:MI?ANY
'mE ~ OF VENEZUEIA
'mE CADILLllC DIVISION OF GENERAL IDlORS
HERl'Z REm' A CAR CDRE'ORm'ION
ALLRIGaT AIJro PARKS -~R!.D'S IAlGEST ~ a:M?ANY)
TIME D.C. FREIQiT LINES I
MlJRE Mc:C:DlM\C!K ~ LINES -(5 VJ:SSE[S)
HAmOD'S DEPARIMENl' S'lORE, IalIX:N -(EllKlPE'S IAlQS'I')
~ KE'1"J:ERI:N; MEM:lRIAL CAN:E:R ~ITAL, ~ YOB!<
PmDENrIAL INStJRANCE: CG1PANY
MER:F!I *13 ~, BERLIN
CAR DEALE!£6HlPS, PARI<IOO lDl'S, APARIM!Nl' BOIIDnGS, CXJNIX:MJNnlMS,
HCSPITAIS, RES'l2\IlRANl'S, OFFICE: BtJnD~, SERIlICE: STATICl'lS, roNERAL
HCMES, AIRPORl'S, HCIl'ELS, F1\C'lORIES.
J1IPAN, tlNI'I'ED KINGCCM, GERMANY, SWI'I'ZERLl\ND, AtETRALIA, NE.W ZEALI\ND,
'llENEztlEtA, FImAND, ISRAEL, sa.rm: AMERICA, MEXICD, H!:lN3 KONG, OKINAWA,
FRANCE, CANADA, POERlO RICD, GtlATEMAIA.
,"JlII.ted with space-maker mtern.tIQ~1
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;IDibi0!Olt !~f ~ht(ku£ltria[
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• This Is to Ccrti.fy that.
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TLle J[JIivis~on of ][ntlustrial S~£('ty of thc Dcp:lrtmcllt of Industrial Relations
I: .' J ','" .' ., , . I I:, '" .....
• . '/' 4'·"" . '" . '. . ~
•• I Ii • ~ L:' ~',.:,,:
" 1',' I: l I. . . ',' .... .
. :',: ' .. '': .. : TIl:: D:!vicc~_ .. _ no I ! ··On . Type J\lItofllo.t.i I(l! ,Li f t_ ... -Pad~ 11n~ t<'r
~ I' '. ..,
!.
. ' .. i ", '1'" "
.' .;, -.... Tl;d'.1anufar.tmcr .. U<:rbnt. !lrothl~r5 (Pi! rk .na~ ~cr "f',rociut: t!!, Inc.), 173(. ~Iort h Lent"n Street, flnahclm,
.r:, ..... · ...•. :.\., .. , •.. :·: " " . '. • Calli'o'':nla 92801
Subj::ct to the 7,000 pounds capacity. Each Insti!lIcd Ii ft shall be marl .. ell \·,ith thl! namu
\".:-';".'" FQ\lowinJ;J.imitation(s) ... _o~. the.n,anufacturcl·!. ca!'::~<:!ty o~.lift,datc of install<ltion, <ln~_Olvl'llon of
.. ' , DndU!;ltrwl Safcty approval number, Such markings sh<lll be le<Jibly sluillped or etched on a metal
~'9\l;,cU:::-' i c!~ ,~.rl~ U _b.c_ ~erm<lnent! y ,~"cllr~d .to . th~_--'-i f t _ i 1\ a It?C., ~ i on . \.here . it can be conven.i en t I y
im:pC!:!:cd •. Such ncmcplotes shall not be obscured, obI iterated, or changed. . . , . , ; .
~ . "
.. /. -, ,-'--.... :'"-.
-l •• : ..... l;., ... '.~', L ¥ •• __ • __ _
/)ili,;"" "f 1".llls/,i"l Safely
l'fu "bolle C'tpJ6pml'1JC As n(>[>ro.' .. " for tlSr ;" plat''"' of cmploym .. nt ;11 Cali/VI·II;'., 1I'III. tl,,· 1I11'/""$I",,,1/nll tb"t "")-Iln.,pprol·c,1
.' IJ!:C""UO:J ,ltICo •. >"t!<'Cl/ly .!oM, thIs Clpp,·o.·"l. Th.-D/,'/s;,m m"y '-""01" ""Y tI[>[Jr()I·.,J til Cl"y time for t"''''~' ,.
I STATE OF CALIFORNIA _ r lLIFORNlA COASTAL COMMISSld-
\ . .
SAN DIEGO COAST REGIONAL COMMISSION
6154 Mission Gorge Road. Suite 220
San Diego, California 92120 (714) 280-6992
I
~BTIFICATE OF APPROVAL
nus Ccrafic ..... shall serve to notify ail intclua:d parties that this project has been:
I [!J APPROVED D VESTED RIGHT
br'th .. San Diego CoU1: Regional Commission iJ.t compliance with the California Coa.sal Act of 1976.
I _~a.:2:;:a_p~:o:.:::: ..... ~e::ct!:.::...:S:.:t::.:.:.~we:.:::s:.::t;..::s=i=a=e_o;:.f;:..;p;.;:o;;;;;sp;;:;..e;.;ot;.;;.;.;....;a;.:;p..:p.;ro.;.;.x ... ...;;l_50_f_t_._n_o_:th __ o_f l.Gcation of Project (:addrc:ss): -".
I CDnaoI Number:
I Date of Commission Acdcm:
Verific:adon: I .
Eac!s Avenue. in La Jolla
l!'8744
Tom Cranti.tlJl, ul!t:Utme Dinc:of'
sm Diego Co&sc Regional Co~4n
I Nona to CI11ft'ftU:fD'n: This Ce:cifiQte to be publiciy displayed in a prominent location. on the construction site
until coilsauction is completed.
== I S'l'Al!'l!' NOTES:
1. Detailea P:oiect Description -The applicant proposes to demolish the existinq I 2 story sinqle family res~dence. Applicant then proposes to ~onstruct a 5,625 sq. ft.,
2 stary art gallery. I.anc!scapinq will be providea around a paved patio area in front of
the building.along Prospect Avenue. A landscaped atrium will also be open on both I levels in the interior of the building.
Because the lot space slopes down from east.f west, parking will be provided in a lower
I level garage with access from the rear alley~enty-eight parkinq soaces, which meets
reqional guideline requirements, will be orovided through the use of Scace-O-Mats (see
Exhibit A). Space-o-Mats are a mechanical s1'stem which double decks cars, enablinq 2
cars to be parkea ~ a space previously required for one car. Thedev~ceswill be placed
I on 14 park~q spaces :i.n the qaraqe. 8 full-sl.%e and 6 comoact. One fascade siqn.
·Ga.ler~es de Artistas", us~g 12" high metal letters will arc around tlle front entrance
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to the building. .
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2/11/80
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eno 1Ls~ 1P':E:fl:K = :.R'D:B:EIR':T §o N1bRM.A.I."V
Mr. Ian Garrad
President
REAL. ESTATE DEVEL.OPMENT
700 WIL.SHIRE BOULEVARD. LOS ANGi!:L.ES 90017
e2""~700I
January 13, 1983
Space-O-Matic Incorporated
14004 Palawan Way, PH8
Marina Del Rey, California 90291
Dear Ian:
We installed ten of your Space-O-Matic units almost 15 years
ago in our building located at the corner of Wilshire
Boulevard and Hope Street.
Our experience with the operation Jf thJ units has been
exemplary in every respect. The units have required, in
my opinion, a.m~imum of serv~ce and what work has been
required has been handled by your firm in a very efficient
and satisfactory manner. Operating and maintenance costs
are difficult to isolate from our garage operating expense
for the reasons as stated above.
All in all I wish we had-more room to install additional
Space-O-Matic units. The cost of the units installed is
approximately one-third the cost of constructing subterranean
parking spaces at present.
Keep up the good work.
Very truly yours,
C. L. P~-ROBERT
RObe~~an
S. NORMAN
RSN/ct
PECK/NORMAN BUIL.DING
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MENLO TOWERS ASSOCIATION
1330 UNIVERSITY CRIVE
MENLO PARK. CALIFORNIA 9402:5
(4US) 3%:5-4278
fIR. IAA GARRAD, PRES IDENT
SPACE-D-f'1ATIC INCORPORATED
14004 PALAWAA WAY, P.H.8
~INA DEL RAy, tA. 90291
1-13-83
WE HAD 48 OF YOUR MACHINES INSTAUJ:D IN OUR fi'ENLO TOWERS
Cc:tm-1INIIJoI CCJrIPLEX SM 13 YEARS AGO. THE MACHINES ARE
OPERATED BY nE CONDO CWNERS -ONE OF WHCM IS 86 YEARS OF
AGE! -WHICH PROVES HOW EASY THEY ARE TO OPERATE.
THE SPACE-(}-il1ATIC INSTALLATION SAVED f"ENLO [TOWERS AA ADDI-
TIONAL FLOOR OF PARKING -\'jJiICH WAS AA Ir-PORTAAT FINAAACIAL
DECISIOO. _
YOUR SERVICE HAS BEEN EXCELI.ENT. E'AOi CONIJa>1INILM CWNER
Cl.'/l',SHIS O\>,N SPACE-(H~TIC PARKING UNIT, AAD MANAGEMENT
SOiEDULES SEMI-YEARLY MAINTENPllCE. THIS SERVICE EXPENSE
HAS BEEN IN THE AREA OF t12.00 PER AANlM PER MACHINE. I
WISH I COUlJ) SAY THAT ABOUT OTHER MAINTENPllCE EXPENSE IN
THE BUILDING
fuR TENAATS ARE VERY SATISFIED WITH YOUR MAOiINES AND THE
LACK OF SERVICE PROBLEMS DUE TO THE EXCELI.ENT SERVICE PERSONNEL
MiG SERVICE THE MACHINES AND HELP US TO MAINTAIN THESE MACHINES
WITH VALUABLE COST SAVING ADVICE.
THE r~LO TOWERS .ASSOCIATION TAKES CARE OF THE PCWER PACK
EXPENSES, WHIOi TO DATE, HAVE ONLY COST IN THE VICINITY OF
$300.00 DURING THIS 13 YEAR PERIOD. To us THIS IS THE ONLY
WAY TO STORE AUTOOBlLES SAFELY AND ECONct-1ICALLY.
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FOUR CORNERS INVESTMENT COMPANY
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TELEi:PHONE
659·18:38
655.089:3
January 19, 1983
Mr. Ian Garrad, President
SPACE-O-MATIC INCORPORATED
14004 Palawan Way, P.R. 8
Marina del Rey, CA 90291
SUITE 204
101 No. ROBERTSON BLVD.
BEVERLY HILLS, CALIF". 90211
Re: Sorreto Villa Apartments, 846 4th Street, Santa Monica, CA
Dear Mr. Garrad,
We purchased Sorrento Villa Apartments about December 1977,
and the twelve Space-O-Matic parking machines were installed
in this 32-unit apartment building.
Since that time I wish to state that the machines have been
operating in a very satisfactory manner. We have rarely called
for service, and when we have, we have received a completely
satisfactory response.
We do not have attendant parking ... the machines are operated
by the tenants in our building.
Yqurs sincerely,
BY/lo
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EUCLID MANAGEMENT ASSOCIATES
116 South Euclid Avenue • Pasadena, California 91101 • Phone 792-3213
January 21, 1983
Mr. Ian Garrad, President
SPAC-O-MATIC INCORPORATED
14004 Palawan Way, P.H.8
Marina Del Rey, Ca. 90291
'Dear Mr. Garrad:
Since February 21, 1968 there have been five of your
Space-O-Matic double deck parking machines in the apart-
ment building we now manage:
Magnolia Gardens
280 East California
Pasadena, Cilifornia 91106
The-units were purchased due to the fact that there was
difficulty in renting the apartments due to a shortage
of parking spaces for the tenants. The problem was com-
pounded as the City of Pasadena did not allow overnight
parking on the streets adjacent to our building.
We want you to know that the machines have been in con-
tinuous operation over the past l4-year period and have
operated without any problems, and your service has been
efficient and prompt, and none of our tenants have been
inconvenienced.
The machines are operated by our tenants, we do not re-
quire a parking attendant.
Sincerely,
/
" I
.; ~ ,. , -s. • "
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George Danchik, Property Manager
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COUNCIL AGENDA
NO~ to-I.
BALBOA IMIPRC,:)V'EMEN.T ASS'N
#64
8AL80A ISLAND, CALIFORNIA 92662
TELEPHONE (714) 675-1773
March 8, 1983
City Council of Ne~lport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Ladies and Gentlemen:
...
Mr. Jules Rickless made a presentation at the March meeting of the
Balboa Island Improvement Association of his proposed development
Bayview Center across from the Fun Zone. He explained to us that his
project had been turned down by the Planning Commission on a 4-3 vote
and he was soliciting our support in trying to get the project approved:.
After his presentation, the Board and members questioned him about
their concerns and had a discussion regarding the merits of the project.
It was the consensus that the benefits of having an attractive structure
replace a vacant lot in a rundovrn area more than offsets the concerns
about parking and congestion. Therefore, the Balboa Island Improvement
Association voted overwhelmingly to go on record in favor of the project.
Sincerely,
A.Z. Taft, President
lI..Z/pm
CC: Hr. Jules Rickless
.. ,!.----" .
1_· I; ft"Itl'I1:I\'" 12:(:':-r. . f&BtOl rlUl'lloU •. . " \ .
• RtCtM.' mm CENTRAL NEWPORT BEACH
~ ell'! Or !O
NEWPORT BEliCH.
ClIl.lf. Community Associatio ,f,
1 £
P.o. Box 884
MAR 101983'"
RECEIVEft
CITY CLERK
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CITY COUNCIL
CITY OF NEW?ORT BEACH ,
HONORABLE MAYOR EVELYN R. HART AND i,;E!@E?"S OF TH3 com';CIL
REI BAYVIEW CEN'I:ER ?ROJECT
The Central Newport Community Association urges the' City
Council to approve the proposed Bayview Center Project.
We consJ.der that this project represents a very appropriate
use of the valuabTe bayfront property.
Designed b~r Architect Sheldon L. 'Pollack, who was responsible
for much of the architecture of the cha.rming Seaport. Village
in San Diego, the building blends beauti~ully with the heritage
style of the pavilion and will contribute to the"'·<!nvironment
of the waterfront.
Our fifteen member Eoard of Di~ecfors has carefully considered
not only the architecture and land t!.se as.:?ects of the project
but also the iT:lpact on traffic on the peninsula. 'ile are satis-
fied that the project will have a beneficial effect and a mini-
mum impact on traffic.
The I i.ght and ornamental h-ac;i tional design provides for
s11Dstantially lower density ( .42 ); the Fun Zone project ( 1.41 ).
The uf;<uR1 objectio;l Lo three story structClL'es on the penins1.1la
dn'!s not apply in '~hls case since so 1I1uch of the building is
two stories and the very If.:lre;e area of Lhe upper deck will be
available to the general public as ,':0311 as ct!stoT:lers of the
dinl!1G room for re1a}:ed "nd plEasant viewlne; of the bay.
','le C'::'l"e .r:-leBsed to have }~ad this p:r. oject l)resented to the
. . t' ~ " . I t' '" h Q 1~'3 r .. SGOCla. .lon aL. our re~u.!.ar lIion1::l y !r.ee lng on h';8.rc. '~J 'j':
as it is exactly the type of development we encourage for
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t 2. (
REs BAYVIEW CENTER PROJECT
the Balboa area.
We have noted that the project has the unanimous support
of the Balboa Improvement Association. It is also our
understanding that the project is enthusiastically supported
by mrs. Pat Eichenhofer. PreE'ident of the Newport Point
Association.
We are puzzled as to the action of the Planning Commission.
It appears to us to be inconsistent that the Planning Comm-
ission would approve a high density project such as the Fun
Zone $20-million shopping center and o~fice building and
then act to deny such a well-designed low density building
as the proposed Bayview Cencer.
In· our judgement, j.~r. Jules Rickless has complied with all
of the requirement"s laid down by the Staff of the City and
since there is uniformly strong support of residents and
busi:'1ess organizations for the 5ayview Center Project, we
believe he has a consti tuti0nal right to .proceed with con-
struction.
Yours respectfully,
., ' '
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'<'"'I -t. t7 ::. . ~ ~~
BAbBOA ISbAND
business association
P.o. BOX 442, BALBOA ISLAND, CALIF. 92662
March 11, 1983
Planning Commission
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Re: Application of Bayview Center Project
Dear Commission Members:
The Balboa Island Business Association has been asked to support
the application of the Bayview Center Project.
The Board, 'both individually and together, are in favor of this
project. We feel the project will "upgrade" the appearance of the
Balboa side of the ferry and add v?lue to the business climate.
We think this project meets the high quality of design and should
be granted based on your previous decision of the Fun Zone.
If you have any questions please feel free to call us.
, ,J' C···->' :Ji cerely,
~' ./",-; )~;:.M/V/~
STEVE CURTIS
President
SC:kds
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CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
March 14, 1983
TO: James D. Hewicker, Director
FROM: Fred Talarico, Environmental Coordinator
SUBJECT: Bayview Terrace
The applicant to the above subject project has met with the
indicated to me that the Mayor wished to have la Condition such
listed below:
USE PERMIT No. 3018
107. That prior to ,the issuance of any building permit, the
applicant shall enter into an agreement approved by
the Planning Department and City Attorney whereby he
agrees to discontinue use of the space-o-matic parking
machines and valet parking if, in the future, the City
provides additional parking within the area or a pro-
gram that would meet the parking needs of the project.
Environmental Coordinator
FT/kk
Mayor. He
as the one
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TO:
FROM:
SUBJECT:
OWNERS:
LOCATION:
ZONE:
APPLICANT:
City Council Meeting, ____ ~Ma~r~c~h~1~4~,~1~9~8~3~ ___
Agenda Items No. __________ D_-_l ________ ___
CITY OF NEWPO~T BEACH
City Council
Planning Department
Use Permit No. 3018 (Public Hearing)
Request to permit the construction of a combined retail
commercial/office building, and a related parking
structure with offices, which exceed the basic height
limit in the 26/35 Foot Height Limitation District and
includes an architectural feature that exceeds 35 feet
in height. The proposal also includes a request to
establish a cafe/lounge facility, a nighttime only
restaurant, and an office area in excess of 5,000
sq. ft. on property located in the C-l District in the
Central Balboa Specific Plan Area where a specific plan
has not been adopted. The request also includes
modifications to the Zoning Code so as to allow the use
of parking spaces that are not independently accessible
and compact parking spaces for a portion of the
required off-street parking in conjunction with a full
time valet parking service, and the acceptance of an
environmental document.
Rolland Vallely Family Trust, Balboa; and Balboa
B~yview Development, Inc., Balboa
AND
Resubdivision No. 739 (Public Hearing)
Request to establish one parcel of land for retail
commercial and restaurant development, one parcel of
land for a private vehicular and pedestrian access, and
one parcel of land for office and parking uses, where
seven lots and portions of two lots, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated presently exist. The proposal
also includes a request to establish grades for the
purpose of measuring the heights of proposed buildings.
Lots 1,2,3,7,8,9,10, and portions of Lots 4 and II,
Block 3 of the Balboa Bayside Tract, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated, located at 309 Palm Street, on
the westerly side of Palm Street between East Bay
Avenue and Newport Bay in Central Balboa.
C-l
Balboa Bayview Development, Inc., Balboa
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TO: Ci ty Council -2.
OWNERS: Rolland Vallely Family Trust, Balboa; Balboa Bayview
Development, Inc., Balboa; Mike Fazzi, Balboa; and
Donald Franklin and James Ray, Corona del Mar.
ENGINEER: UMA/RGB Engineering, Inc., Irvine
Applications
The Balboa Bayview Development Company has proposed the following
applications which would allow the construction of a retail
commercial, restaurant and office structure (Parcell); an office and
parking structure (Parcel 2); and associated landscaping on two
separate parcels of land connected by a pedestrian bridge in the
Central Balboa area:
1)
2)
3)
Acceptance of an environmental document as having been prepared
in compliance with the California Environmental Quality Act
(CEQA), the "State CEQA Guidelines" and City Policy K-3, and
certification that the data was considered in the final decisions
on the project.
The approval of Use Permit No. 3018 to allow for the construction
of a retail commercial, restaurant and office building, and an
office and parking structure in a Specific Plan Area, where a
Specific Plan has not been adopted, and which exceeds 5,000 sq.
ft. of floor area. The proposal also includes a request to
establish a cafe/lounge facility and a nighttime only restaurant.
Additionally, the proposed buildings also exceed the basic height
limit in the 26/35 Foot Height Limitation District. The proposal
also includes modifications to the Zoning Code so as to allow the
use of compact car spaces which are not independently accessible.
Use Permit procedures are outlined in Chapter 20.80 of the
Newport Beach Municipal Code. Modification procedures are
outlined in Chapter 20.81 of the Municipal Code.
The approval of Resubdivision No. 739 to establish one parcel of
land for retail commercial, restaurant and office development,
one parcel for private vehicular and pedestrian access, and one
parcel for office and parking uses, where seven (7) lots and
portions of two lots, a portion of Edgewater Place and a portion
of a public alley proposed to be vacated, presently exist.
Resubdivision procedures are outlined in Chapter 19.12 of the
Municipal Code.
Suggested Action
Hold hearing; close hearing; if desired, sustain or overrule the
decision of the Planning Commission.
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TO: City Council -3.
Planning Commission Recommendation
At the February 10, 1983, Planning Commission Meeting, the Commission
took testimony and continued the project to its meeting of February
24, 1983.
At its February 24, 1983 meeting, the Planning Commission denied Use
Permit No. 3018 (4 Ayes, 3 Noes) and Resubdivision No. 739 (4 Ayes, 3
Noes) . Copies of the Planning Commission minutes and staff reports
for February 10, 1983 and draft 'minutes and staff report for February
24, 1983, are attached. Findings for denial have been submitted to
the Planning Commission for consideration at their meeting of March
10, 1983, and are contained in the staff report to the Planning
Commission of that date which are attach",d. Any changes to the
Findings will be reported verbally to the Council at the March 14,
,1983, City Council meeting.
Subject Property and Surrounding Land Uses
The project site is located on the bay front in the Central Balboa
area of the Balboa Peninsula. Parcel 1 is bounded by Edgewater Place,
a pedestrian walkway along the bay front on the north, the realigned
alley on the south, Palm Street on the east, and existing commercial
structures on the west. The eastbound alley, which exits onto Palm
Street between Edgewater Place and East Bay Avenue, separates the
project. Parcel 2 is bounded by the alley on the north, East Bay
Avenue on the south, existing commercial structures on the east, and
Adams Street on the west. The regional location, views of the site,
views of adjacent sites and a description of adjacent land use is
included in the Initial Study which is attached. Immediately across
Palm Street to the east, is the "Fun Zone" site.
Background
Parcel 1 is presently vacant and was the site of a major fire within
the last year (Bayview Hotel). The Newport Beach Municipal Code
provides (Section 20.83.060) that a nonconforming building damaged or
destroyed by fire to the extent of damage to the structure may be
restored if a use permit is obtained.
The proposed project entails construction of a mixed use development
with a total gross floor area of 17,245 ± sq. ft. and 92 parking
spaces. The three-story structure on Parcel 1 contains comme,rcial
retail space and service areas on the ground floor, restaurant space
on the second floor, and a cafe/lounge with outdoor observation deck
and terrace on the third floor. Floor areas associated with each of
these proposed uses are summarized in Figure 3 on the following page.
Two handicap parking spaces and one loading space are located on the
alley. The structure on Parcell is oriented to maximize views to the
bay from the proposed restaurant, cafe/lounge and associated outdoor
areas. An elevator tower is located on the north side of the building
with pedestrian access from Edgewater Place through the ground floor
of the building to the alley. Two separate stairways provide
additional access to the upper floors. The maximum height of the
roof line is 35.0 feet. However, the elevator tower is topped by a
decorative cupola which is an open framework that adds 4.5 feet to the
maximum building height at that point, and a flagP,ole.
-------------------
SUMMARY OF TABULATION
CONTAINED IN APPENDIX A
Site Area 1
1st Floor:
2nd Floor:
3rd Floor:
SUB-TOTAL
Commercial Retail
Restaurant
Cafe/Lounge
GROSS FLOOR AREA
Other Features:
3,533 G.s.F.
5,0~2 G.s.F.
1,115 G.s.F.
9,680 G.s.F.
-2 handic~p parking spaces, 1 loading space
and serv I ce areas I oca ted on a II ey.
Smail outdoor terraces provided on 2n'd floor.
Large outdoor Observation Deck and terrace
provided on 3rd floor.
-Elevator and 2 stairwells provide access.
Site Area 2
1st Floor: Parking
2nd FI?or: Parking
3rd Floor: Commercial Office
Other Features:
50 Spaces
39 Spaces
7,565 G.s.F.·
-Parking access from Adams Street.
Valet parking only
Parking capacity increased with "space-O-
Ma t i c" park i ng mach i nes.
-Pedestrian bridge over all~y joins struc-
!ures on Site Areas 1 and 2' at 3rd level.
TOTAL GROSS FLOOR AREA
TOTAL PARKING
17,245 G.s.F.
92 Spaces
(21 compacts)
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],
'< ,./ " : ......
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·Bayvlew Center
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Newport eay ~
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.-. __ ._--_.-_._.-. -_. __ ._------_. _.-----_._-.-_._.-----_. __ .------------------------'
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TO: City Council -5.
The structure on Parcel 2 contains the proposed parking garage on the
first and second floors and proposed office space on the third floor.
Improvements on Parcels 1 and 2 will be joined by a pedestrian bridge
over the alley at the third floor. .The pedestrian bridge has a
clearance of 19.0 feet over the alley. Vehicular access into the
parking structure is from Adams Street with a ramp down to the first
level and a ramp up to the second level. All parking will be valet
service as a result of the proposed use of "Space-O-Matic" parking
machines which will allow for stacking two cars in a one car space.
The first level of the parking structure contains 46 spaces provided
by "Space-O-Matic" and 4 regular spaces; the second level provides 38
spaces with "Space-O-Matic" machines and one regular space. The
garage has a total of 89 spaces with 21 of the spaces sized for
compact cars. The site plan provides for a pedestrian walkway from
the alley to East Bay Avenue between the east side of the parking
garage and the adjacent existing structures facing Palm Street. The
maximum height of the roof line of the three-story structure is 35.0
feet with no additional architectural features.
The elevations contained in Appendix A show the proposed architectural
detailing of the project, with materials being primarily wood shingles
and wood siding. The elevation of the parking structure along East
Bay Avenue is treated with window-like openings and wood trellises to
"disguise" the appearance of the parking structure and screen parking
activities from the street. There are no setback requirements from
the property line along the public streets. However, the developer
has provided corner cuts as shown on the site plan in Figure 3 on the
preceding page.
The developer requests that the City abandon and vacate the public
alley which bisects the project site. The developer will then improve
and maintain it as a private alley for public circulation, widening it
from its existing 10-foot width to 20 feet. The City code does not
require a rear setback on a private alley.
Project implementation will require demolition of all existing
structures and parking lots on the project site. The Balboa Bayview
Hotel on Parcel I was damaged by fire late last year and was
demolished and removed. The former hotel site is currently devoted to
interim parking use. Existing improvements on the project site are
described in the attached Initial Study. The applicant proposes to
retain the existing boat rental facilities associated with the project
site, including the boat docks bayward of Edgewater Place and the
small boat crane and boat rental kiosk on Edgewater Place. The boat
rental facility will be remodeled to compliment the new structures on
the site.
Conformance with the General Plan and Local Coastal Program
The proposed project is consistent with the Newport Beach General·
Plan. The proposed plan was developed within a framework of the
policies of the General Plan and its various elements and the Local
Coastal Program (LCP). A discussion of each element and the LCP
relationship to the proposed project is contained in the Initial
Study.
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TO: City Council -6.
Environmental Significance
In accordance with the California Environmental Quality Act (CEQA) ,
the "State CEQA Guidelines", and City Policy K-3, an Initial Study was
prepared on the proposed project. Based upon the contents of the
Initial Study, the City' s Environmental Affairs Committee determined
that the project will not have a significant effect on the environment
and a Negative Declaration was issued. Copies of the Negative
Declaration and Initial Study are attached.
Zoning
The project site is designated C-l. Professional offices ,and retail
establishments are permitted uses within the C-I Zone. Restaurants,
however, require a use permit. The proposal also includes a request
to establish a cafe/lounge facility and a nighttime only restaurant.
Other individual restaurant uses which may be located within the
proposed project will subsequently be required to obtain said permits.
The requirements of Section 30.35 of the Newport Beach Municipal Code
state that office buildings in excess of 5,000 sq. ft., located in an
area designated for a Spec:j.fic Area Plan, must obtain a use permit.
In order to approve the use permit, the Commission must find that the
proposed project is in keeping with the desired character of the
Specific Area, Plan as stated in the General Plan; that the proposed
building is consistent with the General Plan policies; and that the
proposed project will not preclude attainment of Specific Area Plan
objectives as stated in the Land Use Element of the General Plan.
The proposed buildings also exceed the basic height limit in the 26/35
Foot Height Limitation District. Section 20.02.040 of the Newport
Beach Municipal Code establishes criteria for reviewing structures in
excess of the basic height limit. The applicants have also requested
approval of an architectural feature that exceeds 35 feet in height.
The overall issues of, height and these requests are discussed in
subsequent sections of this report.
Finally, the proposal also includes modifications to the Zoning Code
so as to allow the use of compact car parking spaces and other parking
spaces that are not independently accessible. This is also discussed
in subsequent sections. A summary of the zoning requirements,
existing conditions, and the proposed project conditions is presented
in the comparison chart which follows;
- - -- - ----- - -- - - - -- -
PROJECT ELEMENTS
(1) Project Site Area
:··--(Gross Acreage)
Buildable Site Area
(Excluding 20' Alley)
(2) Allowable Floor Area
. (2)
Gross Floor A~ea
CODE REQUIREMENT
(C-1 District)
No Miniumum
Gross Area
less setbacks
2.0 x Bu~ldable
(2)
Floor Area Ratio (FAR) 2.0:1
Site Coverage
Percent Site Coverage
(Re: Buildable
Site Area)
Open Space
Setbacks
Front & Side
Rear (on alley)
o
10 feet
26'/35'
EXISUNG USES
To the Bulkhead PrescrLptive Rights Area
23,653.1 SF
Parcell = 11,020.7
Parcel· 2 = 9,583.2
Parcel 3 = 3,049.2
22,881.6 SF
45,763.2 SF
9,852.0 SF(3)
0.22:1
(3 )
9,600.0 SF
42%
N.A.
o
V{lries, Generally 0
19,427.8 SF
Parcel 1 6,795.4
Parcel 2 = 9,583.2
Parcel 3 = 3,049.2
18,656.3 SF
37,312.6 SF
9,852.0 SF
0.26,1
9,600.0 SF
51%
N.A.
SAME
Building Height
(up to 35' with use permit)
N.A.
N.A. SAME
PROPOSED PROJECT
To The Bulkhead Prescripcive Rights Area
SAME
20,492.8 SF
40,985.6 SF
17,244.3 SF
0.42:1
13,062.0 SF
647.
(3 )
7,430.5 SF
Varies; 0 to 1.6 ft. 0(4)
35 ft. above grade
Parcels 1 and 2
SAME
16,267.5 SF
32,535.0 SF
17,244.3 SF
0.53'1
13,062.0 SF
807.
3,205.2 SF
SAME
SAME
NOTES: (1)
The City of Newport Beach Attorney's Office and Planning Department have determined that, for purposes of establishing compliance with the
Newport Beach Municipal Code, Floor Area Ratio (FAR) for the proposed project should be calculated to the bulkhead. Additional FAR comparisons
are provided for informational pur,poses only~ The difference between the project site to the bulkhead and the prescriptive rights area is
accounted for by that portion of Edgewater Place on Parcel 1, measuring 4,225.3 square feet.
SOURCE:
(2) Does not include floor area devoted to parking.
(3) Estimates for existing uses provided by the project architect. These.estimates include the Balboa Bayview Hotel which was destroyed by
fire and removed in late 1982. Estimates for project floor area and site coverage do not include the floor area of the boat rental on
Eqgewater placea
(4) Applicant requests that the existing public all'ey be vacated; applicant proposes to maintain the vacated right-of-way as an improved
private alleYa There are no setback requirements for a private alley.
The Butler Roach Group, Inc. 1983; UMA/RGB Engineering, Inc. 1983; and the proiect architect (APpendix Al 1981.
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TO: City Council -8.
Analysis
The Planning Commission staff report
the proposed construction process,
project, development potential, the
request and the structure height.
of February 10, 1983, discusses
landscaping, intensity of the
resubdivision, the use permit
The following chart provides a parking analysis for the proposed
project:
CODE REQUIREMENT SQ. FT. REQUIRED SPACES
(C-l DISTRICT) Day Uses Evening Uses
Retail - 1 space per
250 sq. ft. gross 3,533.13 15 0
Office - 1 space per
250 sq. ft. net 7,564.93 30 0
Restaurant -1 space
per 40 sq. ft. net 3,576.12 19 90
Existing Off-Site Agreement 15 0
TOTAL CODE REQUIREMENT 79 90
Proposed Additional
Off-Site Agreement 12 0
TOTAL PROJECT REQUIREMENT 91 90
TOTAL PROPOSED SPACES 92 92
COMPOSITION OF PARKING FACILITIES
Type of Space No. Spaces % of Total
Regular 71 77%
Compact 21 23%
TOTAL SPACES 92 100%
Total Spaces in Structure 89 97%
"Space-O-Matics" 84 91%
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TO: Planning Commission -9.
For comparison with the request, the "Fun Zone" project parking was
approved as indicated below:
Garage No. of Standard/ No. of Space-o-No. of Compact TOTAL
Level Tandem Spaces Matic Spaces Spaces SPACES
1 45 (66%) 0 23 (34%) 68 (100%)
2 55 (44%) 44 (35%) 26 (21%) 125 (100%)
TOTALS 100 (52%) 44 (23%) 49 (25%) 193 (100%)
,Source: Corbin-Yamafuji' and Partners, Inc., March 1982; LSA, March
1982.
Alley Width
Staff suggests as a condition of any project approval (Use Permit No.
3018 Condition No. 106, and Resubdivision No. 739 Condition No. 32),
that Parcel No. 3 be 18 feet wide to allow for an 8 foot wide sidewalk
and landscaping along East Bay Avenue. Staff has discussed this with
the applicants and they concur.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By JJJL~
Fred Talarico
Environmental Coordinator
FT/pW
Attachments for City Council only:
Exhibit "A" (City Council Revised)
A) Planning Commission Minutes of February 10, 1983
B) Draft Planning Commission Minut~s of February 24, 1983
C) Planning Commission staff report dated February 10, 1983
(with attachments)
D) Planning Commission staff report dated February 24, 1983
(with attachments)
E) Planning Commission staff report dated March 10, 1983
F) Memorandum from City Attorney dated February 18, 1983
G) Letter from Peninsula Point Assoc. of February 24, 1983
H) Letter from Balboa Improvement Assoc. of February 15, 1983
I) Initial Study
J) Plot plans, floor plans, elevations and sections
K) Resubdivision Map
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TO: City Council -10.
EXHIBIT "A"
ALTERNATIVE FINDINGS AND CONDITIONS FOR APPROVAL
USE PERMIT NO. 3018 and RESUBDIVISION 739
AS SUGGESTED TO THE CITY COuNCIL
MARCH 14, 1983
USE PERMIT NO. 3018
FINDINGS:
1. That an Initial Study and Negative Declaration
have been prepared in compliance with
California Environmental Quality Act, and
their contents have, been considered in
decisions on this project.
the
that
the
2. ' That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigation measures to reduce
potentially significant environmental,e£fects, and
that the project will not result in significant
environmental impacts.
3. That the proposed development is consistent with
the General Plan; the Land Use Plan of the Local
Coastal Program as conditionally certified by the
Coastal commission and accepted by the City
Council; and is compatible with surrounding land
uses.
'4.
5.
6.
The proposed use of not independently accessible
and compact car spaces will not, under the
circumstances of this particular case, be
detrimental to the health, safety, peace, comfort,
and general welfare of persons residing or working
in the neighborhood of such prop'osed use or be
detrimental or ~nJurious to property and
improvements in the neighborhood or th!,! general
welfare of the City and further that the is
consistent with the legislative intent of Title 20
of this Code.
The approval of Use Permit No. 3018 will not,
under the circumstances of this case be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
The increased building height will result in more
public ,visual open space and views than is
required by the basic height limit.
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7.
8.
9.
City Council -11.
~
The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than -could ~e provided with
in the basic height limit.
The increased building
undesirable or abrupt
created between the
height will not result in
scale relationships being
structure and existing
developments or public spaces.
The structure will have no more floor area than
could have been achieved without the use permit.
10. That the proposed project including the office
portion thereof is in keeping with the desired
character of the specific plan area as identified
in the General Plan.
11. That the proposed project is consistent with the,
General Plan policies.
12. That the proposed use will not preclude the
attainment of the Specific Area Plan objectives
stated in the Land Use Element of the General
Plan.
CONDITIONS:
1. That all development shall be in substantial
conformance with the approved plot plan, floor
plans, elevations and sections except as noted
below.
2. That all applicable conditions of Resubdivision
No. 739 shall be fulfilled.
3. Development of site shall be subject to a grading
permit to be approved by the Building and Planning
Departments.
4. The grading plan shall include a complete plan for
temporary and permanent drainage facilities, to
minimize any potential impacts from silt, debris,
and other water pollutants.
5. The grading permit shall include, a description of
haul routes, access points to the site, and
watering and sweeping programs designed to
minimize impact of haul operations on the public
streets system. The routes and cleaning program
shall be approved by the Public Works Department.
TO: City Council -l~.
6. An erosion, siltation and dust control plan, if
required shall be submitted and be subject to the
approval of the Building Department and a copy
will be forwarded to the California Regional Water
Quality Control Board Santa Ana Region.
7. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soils engineer and an
engineering geologist based upon the completion of
a comprehensive soil and geologic investigation of
the site. This shall establish parameter of
design for the proposed structure and also provide
recommendations for grading. Permanent
'reprodllcible copies of the "Approved as Built"
grading plans on standard size sheets shall be
furnished to the Building Department.
8. Prior to the issuance of building permits the City
may require the applicant to provide documentation
of existing structural conditions in the vicinity
of the proposed project and the estimated extent
and impact of subsidence on sllrrounding
structures, utilities and other improvements, to
the satisfactiop of the Building and Safety"
Public Works ahd Planning Departments of the City.
of Newport Beach.
9. If required by the City, during excavation and
throughout dewatering of the project site, the
applicant shall monitor the extent of subsidence
and its associated impacts through placement of
appropriate testing devices under the supervision
and surveillance of a qualified soils engineer.
The City shall be kept informed in a manner
approved by the Building Department & Public Works
Department regarding any structural impacts on
adjacent properties and other improvements and if
necessary, construction processes shall be
modified to eliminate such impacts and the
applicant shall repair any improvements damaged by
subsidence. '
10. Prior to issuance of any grading or building
permits, a National Pollutant Discharge
Elimination System (NPDES) permit ,shall be
obtained establishing discharge requirements for
water extracted during dewatering processes if the
process is necessary for project construction.
11. Suspended solids (sand) shall be separated ,from
extracted water to comply with specified standards
prior to disposal. Sand disposal shall be at a
location and by a method approved by the Santa Ana
Regional Water Quality Control Board and the City
of Newport Beach.
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12.
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18.
City Council -13.
Provision shall be made, if necessary, for the
treatment of hydrogen sulfide CHzS> in groundwater
by Chlorination in order to comPly with standards
spec~fied by the Santa Ana Regional Water Quality
Control Board prior to disposal into Newport Bay
and to control odors emanating from dewatering
process.
Unreacted chlorine resulting from treatment of H S
shall be neutralized, if necessary, by metho~s
approved by the Santa Ana Regional Water Quality
Control Board prior to ,disposal of water into
Newport Bay.
All onsite drainage shall be approved by the
Building Department.
Electric pump motors shall be required for any
dewatering equipment to reduce potential noise
levels and approved by the Building Department.
During construction, noise producing equipment
shall be enclosed by barriers or baffled in a
manner established by a qualified acoustical
engineer to the satisfaction of the Planning and
Building Departments.
Prior to issuance of building and/or
grading/demolition permits, the Planning
Department shall approve a signing construction
program for the proposed project.
An Army Corps of Engineers permit and a Harbor
permit shall be obtained prior to any alteration
of bulkheads.
19. Should barges be utilized for construction, a
Harbor permit shall be obtained.
20. Demolition and construction shall not be commenced
until after September 7, 1983, to avoid peak
seasonal traffic or shall be accomplished in a
manner satisfactory to the Planning and Building
Department's during the' period April 15, 1983 to
September 7, 1983.
21. In order to ascertain periods of greatest
potential impact from noise, vibration, and
congestion, the project applicant shall submit a
detailed construction schedule to the City of
Newport Beach, outlining the time frame for each
phase of construction prior to or at the time of
application for building permits. The
construction schedule shall be approved by the
Planning and Building Departments.
TO: City Council -14.
22. The relocation of public utilities shall be
coordinated with and approved by local utility
companies and public agencies as appropriate.
23. During any closure of adjoining streets which may
be required during the proposed construction
phases, alternative pedestrian circulation shall
be provided to the 'satisfaction of the City of
Newport Beach Planning and Public Works
Departments.
24. All activities that require full or partial street
closllres, parking prohibition, heavy truck
traffic, large or heavy loads or similar
activities shall be approved by the Police
Department and City Traffic Engineer.
25. Trucks shall utilize Adams street and Palm street
for ingress and egress.
26. Closure of Palm Street shall be prohibited at any
time.
27. The building contractor shall examine existing
streets to ensure that trucks assigned to the
project can negotiate required turns and
demonstrate such to the satisfaction of the Public
Works and Building Departments.
28. If barges are utilized during the construction
period, provisions shall be made to provide
replacement on a one-for-one basis of any boat
slips displaced during the period of displacement
in a manner approved by the Planning Department.
29. Construction workers shall utilize public parking
lots at Palm Street and Main Street. The
applicant shall purchase parking permits in a
manner approved by the City. One space for each
construction worker on the site duz:ing the
construction period shall be purchased. At the
earliest possible date, which shall be established
by the Building Department, all construction
workers shall be required to park in the parking
. structure.
30. An engineer's report may be required by the City's
Building Department on the adequacy of the
existing bulkhead, including inspection and
evaluation of all tie rods shall be prepared by
the applicant prior to the issuance of a grading
permit and approved by the Building and Marine
Safety Departments for the proposed project.
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TO: City Council -15.
31. The owner shall grant public access rights to the
City and enter into an agreement with the City to
keep the area from the bulkhead' to the proposed
structure free from hindrances to public access
and to repair arid keep the area in a good and safe
condition at their sole cost and expense.
32. The following disclosure statement of the City of
Newport Beach' s policy regarding the John Wayne
Airport should be included in all leases or
sub-leases for space in the project and should be
included in any Covenants Conditions, and
Restrictions which may be recorded against any
undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors. and assigns, herein,
acknowledge that:
a.) The John Wayne Airport may not be able to provide
adequate air service for business establishments
which rely on such service;
b.) When an alternate air facility is available, a
complete phase out of jet service may occur at the
John Wayne Airport;
c.) The Cit1 of Newport Beach will continue to oppose
additional commercial area service expansions at
the John Wayne Airport;
d.) Lesse,e, his heirs, successors and assigns, will
not actively oppose any action taken by the City
of Newport Beach to phase out or limit jet air
service at the John Wayne Airport.
33. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. (Prior to the occupancy of any
structure, the licensed landscape architect shall
certify to the Planning Department that the
landscaping has been installed in accordance with
the prepared plan).
34. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
the Public Works Department and· approval of the
Planning 'Department.
TO: City Counctl -16.
35.. The landscape' plan shall include a maintenance
program which controls the use of fertilizers and
pestic~des.
36. The landscape plan shall place heavy emphasis on
the use of dr9ught-resistant native vegetation and
be irrigated via a system designed to avoid
surface runoff and over-watering.
37. The landscape plan shall place heavy emphasis on
fire-retardant vegetation.
38.
39.
40.
41.
42.
43.
44.
45.
Street trees shall be provided along the public
streets as required by the Public Works Department
and the Parks, Beaches and Recreation Department.
Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be
regularly trimmed and kept in' a healthy condition.
The landscaping plans adjacent to the parking
garage entrances shall be reviewed and approved by
the Public Works Department and the Department of
Parks, Beaches, and Recreation for sight distance
requirements.
The structure, shall retain a single design theme
(both interior and exterior). Signage shall be of
a similar design throughout the buildings, and
shall be approved by the Planning Director.
All mechanical equipment, vents,
equipment shall be shielded
architectural design.
and other service
or screened by
Maintenance agreements shall be required for all
non-standard landscape improvements and materials
and will be subject to approval by the Parks,
Beaches & Recreation, Planning, and Public Works
Departments.
The landscape plan shall be designed so as to be
visually cohesive with the character of the
Cent,ral Balboa area. Palm Street shall be planted
with palm trees. East Bay Avenue, Adams Street,
and Edgewater Place shall be landscaped with trees
in such a manner as to achieve a: canopy effect
similar to Main Street in the Central Balboa area.
Street signs, tables, benches, planters, and other
similar features onsite or adjacent to the project
site shall be designed with a common theme and
shall be approved by the Public Works; Parks
BeacheS & Recreation; and Planning Departments.
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TO: City Council -17.
46. Prior to issuance of any building permits
authorized by the approval of this use permit, the
applicant shall deposit with the City Finance
Director the sum proportional to the percentage
of future additional traffic related to the
project in the subject area, to be used for the
construction of a sound attenuation barrier on the
southerly side of West Coast Highway in the West
Newport Area.
47. That any roof top or other mechanical equipment
shall be sound attenuated to be no greater than 55
Dba at the property lines.
48. That any mechanical equipment and emergency power
generators shall be screened from view and noise
associated with. said shall be attenuated to
acceptable levels in receptor areas. The latter
shall be based upon the recommendations of a
qualified acoustical engineer, and be approved by
the Planning Department.
49. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may required automatic fire sprinkler
protection.
50. The Fire Department access to the sfte shall be
approved by the Fire Department.
51. That all buildings on the project site shall be
equipped with fire suppression systems approved by
the Fire Department.
52. The proposed project shall incorporate an internal
security system (i.e. security guards, alarms,
access limits after hours) tha~ snall be reviewed
by the Police and Fire Department and approved by
the Planning Department.
53. That all access to the buildings be approved by
the Fire Department.
. 54. That all on site fire protection (hydrants and
Fire Department connections) shall be approved by
the Fire and Public Works Departments.
55. Fire vehicle access shall be approved by the Fire
Department for all public rights-of-way and
easements improved by the applicant. !
?6. All work on the site shall be done in ac~ordance
with City Council Policy K-5 and K-6.
Verification of said work shall be provided to the
Building and Planning Departments.
TO: City Council -18.
57. No additional restaurant facilities shall ,be
permitted on-site without the approval of -an
amendment to this use permit. Furthermore. the
approved restaurant uses shall not expand their
operations onto the third level observation deck
without the approval of an amendment to this
application. That public access to the deck to be
utilized by the public shall not be restricted
during normal busihess hours.
58. That a minimum of one parking space ,per 40 sq. ft.
of "net public area" shall be provided for the
proposed restaurant facility and the cafe/lounge.
59. That the second floor restaurant facility shall
not be open for business prior to 5:00 p.m ••
Monday through Friday.
60. That kitchen exhaust fans in the, restaurant uses
shall be designed to control odors and smoke in
accordance with Rule 50 -of the South Coast Air
Quality Management District.
61. That a washout area for the restaurant trash
containers be provided in such a way as to insure
direct drainage into the sewer system and not into
the Bay or the storm drains.
62. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code.
63. A cleanup program (weekly during the winter and
daily during the summer) around the docks and
public walks shall be conducted. During
construction devices shall be installed to prevent
waste from entering Newport Bay in a manner
approved by the Building Department.
64. The final design of onsite vehicular and
pedestrian cirCUlation shall be reviewed and
approved by the Public Works and Planning
Departments prior to issuance of a grading permit.
65. Should the conditions of approval of this project
reduce the 'number of required onsite offstreet
parking spaces the space-o-matic parking spaces
shall be eliminated first.
66. Valets and/or attendants shall be provided at all
times the project is in use.
67. The applicant shall provide for marina parking
requirements.
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68.
69.
70.
71.
72.
City Council -19.
The parking garage shall be designed
accommodate short-term parking ppaces to
satisfaction of the City Traffic Engineer and
Planning Department.
to
the
the
That the applicants shall provide free employee
parking in the structure in a manner approved by
the Planning Department.
The parking program, shall be designed so as to be
a part of any lease agreement and lessee shall not
be required to buy validation on an optional
basis.
The applicant shall compensate the City of Newport
Beach for loss of revenues and for anyon-street
parking space lost in excess of gain by project
implementation. Said compensation shall be based
upon the cost of replacing (in the Central Balboa
Area) any lost spaces and revenues as determined
by the City. The compensation shall not include
parking spaces lost in providing reasonable access
to the property as determined by the City's Public
Works and Planning Departments.
The design of all parking levels shall be subject
to further review and approval of the City Traffic
Engineer.
73. Valets shall be required from one hour before to
one hour after normal business hours of all
building tenants.
74. Access to tandem and space-o-matic spaces shall be
controlled at all times.
75. Space-o-matic devices shall not encroach into
required stall sizes.
76. Nighttime lighting shall be limited to that which
is customary for normal business operations and
consistent with the proposed project design and
architectural style. OUtlining of the proposed
structure, shall be permitted in a manner
consistent with that of the Pavilion. The
outlining, if accomplished, shall use smaller and
dimmer bulbs than the Pavilion. Said lighting
plans shall be approved by the Planning Director.
77. Fugitive. ,¢lust emissions during demolition and
construction shall be minimized by watering the
site for dust control, containing excavated soil
onsite until it is hauled away, and periodically
washing adjacent streets to remove' accumulated
materials.
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TO: City council -20.
78. Heating and cooling systems shall be designed to
take advantage of the natural site orientation and
existing natural ventilation patterns to the
maximum degree practical.
79. Prior to occupancy of the building, .the applicant
shall provide written verification from Orange
County Sanitation District No. 5 that adequate
sewer capacity is available to serve the project.
80. Twenty-four-hour security shall be required· on the
project site as approved by the City of Newport
Beach Police Department and Planning Department.
81. Special .paving treatment common to the project
shall be provided For the public sidewalk areas on
Palm Avenue and East Bay Avenue, and from the
proposed ):lUilding line to the Bulkhead Une and
for all of Adams Street in.a manner acceptable to
the Public Works and Planning Departments.
82. That any tables in the pedestrian easement area,
be for general public use and that no food or
beverages be served to customers at the tables ~y
adjoining restaurants.
83. That during the construction period, a minimum 12
foot wide surface pedestrian way be maintained
along the bay on weekends and holidays between
April i and June 15 and September 15 and October
15; and that the 12 foot pedestrian way be
maintained at all times between June 15 and
September 15.
84. Handicapped parking shall be provided in a manner
and quantity approved by the City Traffic
Engineer. The handicapped parking shall be
designed so as to be conveniently located near
elevators in the parking area.
85. The applicant shall enter into an agreement and
post a bond guaranteeing the repair of all damage
to the public street system and/or utilities that
might be caused by the construction process.
86. The applicant shall enter into an agreement and
provide a policy of insurance guaranteeing the
repair of all damage to private property, business
interruption, or other damage caused by the
construction process. Said bonds shall be based
upon conditions ·of approval of this .project and
stUdies required thereby and shall be approved by
the City's Building Department, Public Works
Department, City Attorney's Office and Finance
Department.
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TO: City Council -21.
87. Prior to the issuance of any building, grading
and/or demolition permits for the project the
applicant shall agree to make such minor changes
to the project as maybe caused by revisions to the
Central Balboa area overall circulation} system.
The agreement shall be subject to the approval of
the City Attorney's Office and Planning
Department.
88. The applicant shall deposit $5,490.60 for a
feasibility study of a tram shuttle. The
applicant shall also agree to participate in the
implementation of a tram shuttle system, should it
occur, on a pro rata basis, based on square
footage equal to other merchants in the area.
89. That a minimum l5-foot clear area be maintained
within the easement area that will exist from the
proposed building line to the bulkhead line. The
exact location and design of said area shall be
subject to the approval of the Planning
Department, Public Works Department, and Parks,
Beaches and Recreation Department.
90. That a minimum 35 foot wide surface easement be
granted to the City for pedestrian use along the
Bay side of the property consistent with the
requirements of Condition No. 31 on Resubdivision
No. 739.
91. Deleted.
92. The applicant shall demonstrate to the
satisfaction of the City Traffic Engineer the
availability of compact size space-o-matics prior
to the issuance of any grading or building
permits.
93. That the proposed decorative cupola shall be open
in design atop the project and not exceed
thirty-nine feet, six inches (39'6"), height
measured from grade. The flag pole shall not
exceed forty-five feet (45') above grade.
94. Prior to issuance of the grading/demolition and
building permits the Planning Department shall
approve a signing program for the proposed
project.
95. Signing for the project shall be approved by the
City Traffic Engineer.
~o: City Council -22.
96. During all phases of construction, noise producing
equipment shall be enclosed by barriers or baffled
in a manner established by a qualified acoustical
engineel; to the satisfaction of the Planning and
Building Departments.
97. If required, a system of barriers and overhead
protection shall be provided during demolition
processes in order to prevent debris f,rom falling
into adjacent streets ,and Newport Bay to the
satisfaction of the Building and Marine Safety
Departments.
98. The building contractor shall examine existing
streets to ensure that trucks assigned to the
project can negotiate required turns and
demonstrate such to the 'satisfaction of the Public
Works and Building Departments.
99. Any construction on the site shall be done in
accordance with the permitted height restriction.
This shall apply to any landscape materials,
signs, flags, etc. as well as structures, except
as may be modified by the approval of this
application. '
100. 'The applicant shall cooperate with the City
Traffic Engineer and Public Works Department to
determine the potential necessity for left-turn
facilities on East Balboa Boulevard at Adams
Street or at Palm Street.
101. The driveway surfaces in the parking structure
shall receive appropriate treatment to minimize or
eliminate tire noise, and' speed control within the
structure shall be observed by parking attendants
to further mitigate any potential noise associated
with parking activities.
102. Final design of the project shall provide for the
incol;poration of water-saving devices for project
lavatories and other water-using facilities.
103. Final design of the project shall provide for the
sorting and collection of recyclable material from
other solid waste. Prior to occupancy of the
buildings, the program for sorting recyclable
material shall be developed and' approved by the
Planning Department.
104. Final design of the project shall provide for
adequate security lighting in public areas and the
parking structure.
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TO: City Council -23.
105. The project lighting system shall be designed and
maintained in such a manner so as to conceal the
light source and to minimize light spillage and
glare to the adjacent area. The plans shall be
prepared and signed by a licensed electrical
engineer, with a letter from the engineer stating
that, in his opinion, this requirement has been
met.
106. That the alley (Parcel No.3, Resubdivision No.
739) shall be a maximum of eighteen feet (18') to
allow for an eight foot (8') wide sidewalk and
landscaping along East Bay Avenue.
RESUBDIVISION NO. 739
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
3. That the design of the subdivision or the proposed
improvements will not conflict with any easements,
acquired by the public at large, for access
through or use of property within the proposed
subdivision.
4. That the grades established by the map for
measuring building heights are reasonable; in
keeping with adjacent properties and public
safety; ,and the intent of the height limitation
ordinance.
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. 'That a subdivision agreement and accompanying
surety be provided to ~arantee satisfactory
completion of the public improvements if it is
desired .to record the parcel map or obtain a
building permit prior to completion of the public
improvements.
4. That all work within the public right-of-way be
completed under an encroachment permit issued by
the Public Works Department.
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TO: City Council -24.
5. That the on-site parking circulation and
pedestrian circulation systems be subject to
further review by the Traffic Engineer.
6. That a storm drain inlet at the Adams Street
street-end be constructed and that a valve be
installed in the storm drain line unless otherwise
app~oved by the Public Works Department.
7. That the intersection of the private drives with
the public streets be designed to provide sight
distance for a speed of 25 miles per hours.
Slopes, landscaping, walls and other obstruction
shall be considered in the sight distance
requirements. Landscaping within the sight
distance line shall not exceed twenty-four inches
in height. The sight distance requirement may be
modified at non-critical locations, subject to
approval of the Traffic Engineer.
8. That a corner cutoff, acceptable to the Public
Works Department, at the corner of Adams Street
and East Bay Avenue be dedicated to the public for
pedestrian purposes.
9. That street, drainage and utility improvements be
shown on standard improvement plans prepared by a
licensed civil engineer.
10. That a study of existing public water, sewer and
storm drain facilities available to the site be
made by the development prior to recording the
parcel map, to determine their capacities. Any
upgrading modifications or extensions to the
existing storm drain, water and sewer systems
shown to be required shaU be the responsibility
of the developer. All work on'the public sewer,
water, and storm drain systems shall be completed
or bonded for prior to issuance of any building
permits.
11. 'l'hat a condition survey of the existing bulkhead
along the bay side of the property be made by a
civil or structural engineer and that the bulkhead
be repaired in conformance with the
recommendations of the condition survey and to, the
satisfaction of the Building: and Marine
Departments and that the existing bulkheads be
raised to elevation 9.D (L.L.W).
12. That the existing deteriorated street lights along
the property frontages be replaced with new street
lights as approved by the Public Works Department
and Utilities Department unless otherwise approved
high pressure sodium-vapor lumanars with multi~le
a wiring system shall be provided.
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TO: City Council -25.
13. That all landscaping and non-standard paving
surfaces wi thin the public right-of-w'!y and
pedestrian easement be approved by the Public
Works Department and that a license agreement be
provided for maintenance of the non-standard
improvements.
14. That the existing curb returns at the corner of
East Bay Avenue and Adams Street be reconstructed
with an access ramp.
15. That the existing deteriorated concrete sidewalk
and curb along the Palm Street, East Bay Avenue
and Adams Street frontages be reconstructed and
that any unused driveway aprons be removed and
replaced with curb and sidewalk.
16. That the existing overhead utilities along the
Adams Street, the alley and Palm street frontages
shall be undergrounded.
17. That sidewalk width of 9' -6" on Palm Street, bl§!
maintained and that a l' -6" easement for
pedestrian purposes be granted to the City.
18. That an eight foot wide sidewalk be constructed on
Bay Street and that the required additional
right-of-way be dedicated to the City for
pedestrian purposes.
19. That there be no permanent underground structural
encroachments into the public right-of-way without
the approval of an Encroachment Permit and that
any temporary encroachments be subject to the
approval of the Public Works Department.
20. That applicant repair or replace (as determined by
Utilities Department and Public Words Departments)
any utility damaged through subsidence or any
other construction activity related to the
proposed development.
21. That during the construction period, a minimum 12
foot wide surface pedestrian way be maintained
along the bay on weekends and holidays between
April 1 and June 15 and September 15 and October
15; and that the 12 foot pedestrian way be
maintained at all times ·between June 15 and
September 15.
22. During any closure of adjoining streets which may
be required during the proposed construction
phases, alternative pedestrian circulation shall
be provided to the satisfaction of the City of
Newport Beach Planning and Public Works
Departments.
TO:
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25.
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27.
28.
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City Council -26.
All activities that require full or partial street
closures, parking prohibition, heavy truck
traffic, large or heavy loads or similar
activities shan. be approved by the Police
Department and City Traffic Engineer.
Closure of Palm ~treet shall be ~rohibited at any
time.
The owner shall grant public access rights to the
City and enter into an agreement with the City to
keep the area from the bulkhead to the proposed
structure free from, hindrances to public access
and to repair and keep the area in good and safe'
condition at their sole cost and expense.
The applicant shall enter into an agreement and
post a bond guaranteeing the repair of all d~age
to the public street system and/or utilities that
might be caused by the construction process.
That a minimum 15-foot clear area be maintained
within the easement area that will exist from the
proposed building line to the bulkhead line. The
exact location and design of said area shall be
subject to the approval of the Planning
Department, Public Works Department, and Parks,
Beaches and Recreation Department.
That a traffic signal be installed at the
intersection of East Balboa Boulevard and Palm
street prior to occupancy. If other developments
are required to construct this signal, up to 50%
of the cost may be reimbursed by those
developments.
29. Tha~ the existing 10 foot wide alley between Adams
Street and Palm Street be abandoned prior to
issuance of a Building Permit and that an ingress,
egress agreement to be provided between adjacent
property owners fronting the existing alley and
that the private alley have a minimum width of 20
feet.
30. That natural grade for purposes of establishing
building heights be set at 6.50 M.S.L. (9.23
MLLW) •
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TO: City Council ~ 27.
31. That a title report be obtained to ascertain the
status of title to Edgewater Place. If it is
determined that the <lpplicant and landowner has
the underlying fee interest, then an easement for
pedestrian and public utilities purposes shall be
granted to ~he City over and under Edgewater Place
estimated to be 34.8± feet wide and across the
~ frontage of Parcel 1. If Edgewater Place is
determined to be under public domain then the
applicant/landowner shall quit claim to the City
'any rights they might have to Edgewater Place or
other portions of the property shown to be public.
32. That the alley (Parcel No.3, Resubdivision No.
739) shall be a maximum of eighteen feet (18') to
allow for an eight foot (8') wide sidewalk and
landscaping along East Bay Avenue.
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COMNUSSIONER5
ROLL CAll
February 10, 1983 MINUTES
ATTACHMENT A -3/14/83
City of Newport Beach
7.
8.
That the sidewalk be reconstructed at the corner
o ernleaf Avenue and Seaview Avenue to fill the
corne toff area, and that a curo access ramp be
constructe This work is to be completed under
an encroachmen ermit issued by the Public Works
Department.
Deleted by the Planning Co ion.
the existing asphalt alley, and that the ing be
completed prior to· occupancy.
INDEX
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Bequest to permit the construction of a combined retail
commercial/office building, and a related parking
structure ~ith offices, which exceed the basic height
limit in the 26/35 Foot Height Limitation District and
includes an architectural feature that exceeds 35 feet
in height. The proposal also includes a request to
establish a cafe/lollilge facility, a nighttime only
restaurant, and an office area in excess of 5,000
sq. ft. on property located in the C-I District in the
Central Ba~oa Specific Plan Area where a specific plan
has not been adopted. The request also includes
modifications to the Zoning Code so as to allow the use
of parking spaces that are not independently accessible
and compact parking spaces for a portion of the
required off-street parking in conjunction with a'£ull
time valet parking service, and the acceptance of an
environmental document.
AND ,
Request to establish one 'parcel of land for retail
commercial and restaurant development, one parcel of
land for a private vehicular and pedestrian access, and
one parcel of land for office and parking uses, where
seven lots J and portions of two lots, a portion of
Edgew~ter Place and 'a portion of a public alley
proposed to be vacated presently exist. The proposal
also includes a request to establish grades for the
purpose.of measuring the heights of proposed buildings. •
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Item #8
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NO. 3018
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RESUB-I
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NO. 739
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·LOCATION:
ZONE:
APPLICANT:
OWNERS:
ENGINEER:
February 10, 1983
Lots 1,a,3,7,8,9,10, and portions of
Lots 4 and 11, Block 3 of the Balboa
Bayside Tract, a portion of Edgewater
Place and a portion of a public alley
proposed to be vacated, located at 309
Palm Street, on the westerly side of
Palm Street between East Bay Avenue and
Newport Bay in Central Balboa.
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Balboa Bayview Development, Inc., Balboa
Rolland Vallely Family Trust, Balboa:
Balboa Bayview Development, Inc.,
Balboa: Mike Fazzi, Balboa: and Donald
Franklin and James Ray, Corona del Mar.
liMA/RGB Engineering, Inc., Irvine
Agenda Items No. 8 and 9 were heard concurrently, due
to their relationship.
The public hearing opened in connection with these
items and Mr. Jules Rickless, the applicant and
developer of the proposed project, appeared before the
Commission. Mr. Rickless stated that the proposed
project has been designed to be compatible with the"'
surrounding area. He referred to the site plan and an
artist's rendering of the proposed project and
delivered a presentation which outlined various aspects
of the project, including a description of the retail
uses on the first level, a dinner house and outside
terrace dining on the second level, and a cafe type
restaurant and an open public terrace which would open
to the general public on the third level.
Mr. Rickless stated that the key focal point 'of the
building will be a glass elevator. He also discussed
the design of the parking structure and the use of the
space-o-matic system.
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INDEX
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CONTINUED
TO FEBRU-
ARY 24,
1983
COMMISSIONERS
ROLL CAll
,
MINUTES February 10, 1983
City of Newport Beach
Chairman King suggested that Mr. Rick1ess contact the
local community and homeowner associations of the area
and present the proposed project to the members in
order to obtain feedback from the various associations.
Commissioner Goff requested that a silhouette from ,the
Bay be prepared of this project, in relationship to the
Pavilion and approved Fun Zone project. Mr. Rick:I.ess
stated that he will have a silhouette prepared.
Commissioner Allen requested that more information be
provided regarding the seating capacity of the
restaurant, the cafe, and the potential seating
capacity of the public area on the third level.
In response to a question posed by Commissioner Goff,
Mr. Fred Talarico, Environmental Coordinator, referred
to Condition of Approval No. 87 of Use Permit No. 3018
and stAted that this condition was also utilized in the
approval ,of the Fun Zone project. Mr. Talarico ~tated
that this condition provides that if any 'roads are to
be changed directionally, the project entrance can be
changed accordingly, which may cause minor changes to
the project.
Planning Director Hewicker referred ,to the Conditions'
of Approval which relate to the width of the sidewalk
on East Bay Avenue. He stated that the current
sidewalk has a width of 51" feet. He stated that the
City Engineer has recommended that the sidewalk be
widened to 8 feet. He stated that in the event this '
occurs, the width of the parking gara~e, the alley, or
the width of the public walkway in front of the project
will have to be reduced. He stated that the City
Engineer is recommending the 8 foot sidewalk so that
several people can walk abreast on the sidewalk and
also allowing for the opening of car doors along the
street.
Planning Director Hewicker stated that the Planning
Department is recommending that street trees be placed
in the 8 foot sidewalk, however, the City Engineer is
recommending that there be no street trees placed in
the sidewalk. He stated that he will be meeting with
the 'City Engineer to resolve 'these issues.
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INDEX
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MINUTES
~" ~~§. m I &.E.~~(j)~>C· IN tB h 3 ~ ~ ~. ?: ~ g ity 01 eNpOr eac ~~~~-C~A~l~l~~~~~--~----------~------------------~~IN~D~EX~---
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All Ayes X X X 1 l!
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Chairman King suggested that
presentation to the following
Improvement Association, The
Association, The Central
Hr. Rickless deliver his
associations: The Balboa
Central Balboa Community
Balboa Merchants and
Homeowners Association, The Balboa Peninsula Point
Association, and the three associations on Balboa
Island. Commissioner Balalis stated that the Peninsula
associations are the important ones to address, and
possibly the Balboa Island Improvement Association.
'Motion was made to continue these items to the Planning
Commission Meeting of February 24, 1983, so that staff
and the applicant can compile the requested
information, and ·the applicant can meet with the
various associations to deliver his presentation, which
MOTION CARRIED.
* * *
Agenda Item No. 12 -Amendment No. 583 and Agenda Item
No. 13 -Amendment No. 584, were continued to the
Planning CoDll)lission of February 24, 1983, due to the
lateness of the hour.
* * *
ADDITIONAL BUSINESS
commissione McLaughlin requested information on the
following item for the Planning Commission Meeting of
February 24, 198 •
1) A change in the Tr fic Phasing Ordinance, such as a
sunset clause, being co istent with the use permits.
2) Review of the projec by the architect Brion
Jeannette -Amendment No. 581 Use Permit Permit No.
3011 and Resubdivision No. 737. e stated that if the
City Council feels that the change being ~ade on the
project warrants reconsideration by e City Council,
that the Planning Commission would li to have the
opportunity to review the project because e City
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r-------------------------------------------------------------_________________________ ~ . --.... • Februaxy 24, 1983 ATTACHMENT B -3/1.4/83 MlNllTES ,
DRAFT
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Motion
·All Ayes
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~~I"·""t for Item No. 11 stated that be would I
the continuance. In response to a question
posed by I.,,,. nna~ Goff, Planning Director Hewicker'
stated thai: ~s no ~ppeal period involved with
Item No. 11. He ~t should Item No. 11 be
approved at the next the applicant could
proceed with construction on~ upon securing
a building permit.
Motion was ·lIIIlde to continue these items to ~~M~="~
ec:-ission Meeting of March. 10, 1983, which ~
* * *
Request to permit the construction of a combined retail
commercial/office building, .and a related parking
structure with offices, which exceed the basic height
limit in the 26/35 Foot Height Limitation District and
includes an architectural feature that exceeds 35 feet
in height. !L'Ile proposal also includes a request to
establish a cafe/lounge facility, a nighttiiae oniy
restaurant, and an office area in excess of 5,000
sq.ft. on property located in the C-1. District in the
Central Balboa Specific Plan Area where a specific plan
has not been adopted. !L'Ile request also includes
IIIOdifications to the ZOning. Code so as to allow the use
of parking spaces that are not independently accessible
and compact parking spaces for a portion of the
required off-street parking in conjunction with a full
time valet parking service, and the acceptance of an
enviromaental dOClllDBnt.
Request to establish one parcel of land for retail
c~rcial and restaurant develol,llll8%lt, one parcel of
land for a private vehicular and pedestrian access, and
one parcel of land for office and parking uses, where
seven lots and portions of two lots, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated presently exist. !L'Ile proposal
also includes a request to establish grades for the
purpose of measuring the heights of proposed bui1dingll.
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INO. 139
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MINUTES
'February 24, 1983
City of Newport Beach
LOCATION:
ZONE:
APPLICANT:
OWNERS:
ENGINEER:
Lots 1,2,3,7,8,9,10, and portions or
Lots 4 and 11, Block 3 of the Balboa
Bayside Tract, a portion of Edgewater
Place and a portion of a public alley
proposed to' be vacated, located at 309
Palm Street, on the wesj:erly side of
Palm Street between East Bay Avenue and
Newport Bay in Cen;ral Balboa.
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Balboa Bayview Development, Inc., Balboa
Rolland Vallely Family Trust, Balboa,
Balboa Bayview. Development, Inc.,
Balboa, Mike Fazzi, Balboa; and Donald
Franklin and James Ray, Corona del Mar.
tlMA/RGB Engineering, Inc., Irvine
Agenda Items No. 5 and 6 were heard concurrently, due
to their relationship.
The public hearing opened in connection with these
items and Mr. Jules Rickless, the applicant and
developer of the proposed project, appeared before the
Commissi<;>n. Mr. Rickless requested a waiver of
Condition No. 18 of the resubdivision relating to the
eight foot wide sidewalk on Bay Street. He stated that
there is currently a five foot sidewalk on Bay Street
and further stated that they are proposing to enlarge
the sidewalk to six feet, which would be compatible
with the area. He stated that six feet is the maximum
amount of sidewalk that can be taken away from the
parcel, in order to make the parking structure
operable.
Mr. Rickless stated that he has presented his project
to the Balboa Improvement Association and the Balboa
Peninsula Point Association. He referred to letters
from each of the Associations, which indicated their
support for the proposed project. 'He stated that he
will be presenting his project to the Central Newport
Beach Community Association next weik.
-22-
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INDEX
.33
COMMiSSfO'ERS February 24, 1983
City of Newport Beach
M1I'1UTES ,I
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Mr. Rickless referred to a an exhibit which depicted
the proposed project, in relationship to the Pavilion
and the approved Fun Zone project, from the Bay.
Planning Director Hewicker referred to Conditions No. 9
and '86 on the use permit and stated that these
conditions are adequate to cover the bonding Concerns
for the project.
Planning Director ·Hewicker referred to Condition No. 21
on the use permit and stated that construction
scheduling is' difficult to enforce. However, he stated
that if this did become a problem during congested
times of the year, the developer of the project could
notify the contractor that major deliveries or removal
of construction material could be done before the hOur
of 10:00 a.lII. and after the hour of 2:00 p.III. Chairman
King stated that this would 'only be a problem at the
beginning of the project.
Planning Director Hewicker referred to Condition No. 27
on the use permit and stated that this condition
eliminates the use of double riga from utilizing the
Peninsula.
Planning Director Hewicker referred to Condition No. 57
on the use permit and suggested that an additional
sentence be added whiCh would state, "That public
access to the deck to be utilized by the public shall
not be restricted during normal business hours."' He
stated that in this way, the deck would be secured "at
night when the building is closed, but would be opened
in the .morning when the building is opened" and
available to the public.
In response to a question posed by Chairman King,
Planning Director Hewicker stated that the owner of the
building would be responsible for the maintenance 'of
the deck area.
Planning Director Hewicker referred to Condition N~. 84
on the use permit ~ stated that the handicapped
par~ng is not located in the parking garage faqility,
but is located behind the building which fronts onto
the Bay front. He stated that these spaces are
independently accessible for the parkug of a
handicapped person.
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MINUTES
3:", n c
I :;:;"=. CD ! t I i ~ ~ i City of Ne"vport Beach ~~~~~+-~------------------~~--
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Chairman King asked how the determination is ~de for
the amount of bonding which is needed for a project.
Mr. Robert Burnham, City Attorney, stated that the
anticipated agreement would obligate the developer to
pay for all damages which may result from the
construction activity. He stated that this would mean
that the developers interest would be covered by an
insurance company who would be obligated to cover such
lawsuits. He stated that the same conditions relating
to bonding' were imposed on the proposed .Fun Zone
project.
In response to a question posed by Commissioner Allen,
Mr. Burnham stated that the bonding would obligate the
developer to pay for all damages which result from the
construction activity. He stated that such an
agreement will create a contractural liability on the
part of the developer. Mr. Burnham further stated that
Cbnditions No. 9 and .86 guarantee that the subsidence
concern would be covered by the bonding.
COIIDIIissioner Balalis reminded the Commission of the
magnitude of the Fun Zone project. He stated that
there was an enormous amount of dewatering for two
levels of· underground parking which would have to take
place with the Fun Zone project and the subsidence
possibility. However, he stated that this prQject is
to be constructed at ground level, which is considered
quite ordiriary.
Chairman King concurred with the comments of
COIIDIIissioner Balalis and stated that the extent of the
bonding coverage for the proposed project should be
reasonable. Commissioner Allen stated that it is the
responsibility of the Plarining Commission to protect
the City, and the less the City needs to be concerned
with the financial pr6blems of 'an applicant, the
better.
COIIDIIissioner Balalis expressed his concern with setting
the precedent that an applicant for any project must
post such extensive bonds which are open ended.
COIIDIIissioner ,Allen stated that this project is
different, in that it is proposing a three story
building' to be located on a'sand spit.
-24-
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COMMISSIONERS
ROll., CAll
February 24, 1983 MINU)"ES r I
'In response to a question posed by Chairman King, Mr.
Burnham stated that Condition No. 86 could be modified
to reflect an area or an amount limitation. Chairman
King suggested that the bonding be confined
specifically to the site and damage to adjacent
parcels. He stated that any damages which would occur
while the delivery trucks were on route, would be
covered by a separate policy, in any case. Mr. Burnh~
suggested wording which would cover only damage caused
by the construction process on-site.
Commissioner MCLaughlin stated that she would be
reluctant in limiting the bonding to only the
construction proces!l on-site. She also expressed her
concern that the space-o-matic parking system which is
being proposed is not currently ,being ut~lized anywhere
in the City. Planning Director Hewicker stated that
the project will be utilizing the space-o-matic parking
device, rather than extensive excavation for the
parking facility. He stated that the space-o-matic
'system has been approved. for use in' tile Fun ZOne
project.
In response to a question posed by Co~ssioner
McLaughlin, Mr. Fred Talarico, Environmental
Coordinator, stated that the project is proposing to
excavate approximately three feet below grade. He
stated ·that the proposed excavation is not as close to
the Bay, as the Fun Zone site. He stated that the same
conditions which were imposed on the Fun Zone project
are being recommended for this project. He stated that
dewateril)g may occur with the parking strUcture, but
not to the extent of the Fun Zone project.
Planning Director Hewicker added that there have been
many projects on the Balboa Peninsula which have been
excavated three and four feet below grade.
Commissioner Winburn expressed her concern with the
parking allocation relating to the eXisting off-site
agreement for 15 spaces and the proposed additional 12
off-site spaces. She asked if these were in
conjunction with the Fun Zone project and the marina in
front of the proposed. development. Mr. Talarico stated
that the 15 spaces are an existing off-site parking
agreement between~the property in question' and the Fun
ZOne property. He stated that the additional 12 spaces
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·are a separate agreement that the applicant has entered
into with other properties. Be stated that the
proposed project is providing 12 spaces over the
requirement of the Code.
Planning Director Bewicker stated that the parking
which is being provided, is for the uses on site, plus'
15 spaces for the marina in front of the Fun Zone
project, and 12 additional spaces which have been
contracted for which are beyond the City's
discretionary review.
Mr. Buzz Person, President of the' Balboa Improvement
Association, appeared before the Commission. Mr.
Person referred to his letter dated February 15, 1983,
in which the Balboa Improvement Association urged the'
Planning Commission to approve the proposed project.
Be stated that they do not feel, that the proposed
project poses as great of risk as the Fun Zone project.
Be stated that if anyon-site construction were to
cause damage to adjacent or nearby properties, the
damaged property owner could file against the
developers liability insurance to recover the losses.
Mr. Person further stated that the Balboa Peninsula
became inhabited in the early 1900's and he does not
consider the Peninsula to be a fragile sand spit. Be
stated that he appreciates the concerns expressed by
the Commission, however, he stated that the Peninsula
is a viable piece of property which can be built upon.
Mr. Person referred to Conditions No. 20 and 29 on the
use permit, and stated that they would like the
opportunity to ,give input to the staff and participate
on the proposed scheduling of construction, if
construction is to commence' during the SUIIIIIer 'months.
Mr. Person referred to Condition No. 91 on the use
permit, and stateCi that he, as an individual, does not
want a traffic signal at the intersection of Palm
Street and East Balboa Boulevard. Be requested that a
public hearing be held on the traffic signal issue.
Mr. Don Webb, City Engineer, stated that the traffic
signal is needed more for pedestrian puxposes, rather
than for traffic pUrposes. Be stated that the Fun, ZOne
-26-
INDEX
37
COMMJS~
ROlL CALL
MINUTES February 24, i9S3
City of Ne'vVRQrt Beach
project was conditioned to contribute 50\ of the cost
of the traffic signal. He stated that there would not
he a further public hearing on the traffic signal
issue. He added that Condition No. 2S on the
resubdivision also relates to the traffic signal which
states that if the Fun Zone proJect is not developed,
the proposed project would he required to pay for the
entire cost of the traffic signal.
Hr. Person stated that the public notice which was
received did not address the possibility of a traffic
signal to be located at the intersection of Palm Street
and East Balboa BoUlevard. He stated that many
residents of the Peninsula would be opposed to the
installation of such a traffic signal.
In re~nae to a question posed by Commissioner
McLaughlili, ,Planning Director Hewiclter stated that
there is an existing condition on the FUn Zone »roject
'which requires the FUn Zone project to contribute 50
percent for the cost of installation of the traffic
signal.
Hr. Talarico referred to Condition No. 90 on the use
permit and stated that reference to ResubPivision No.
739, should refer to Condition No. 31. Mr. Talarico
further stated that C9ndition No. 91 'on the use permit
should he deleted, because Condition No. 2S on the
resubdivision relates to the traffic signal.
Commissioner Winburn stated that the FUn Zone project
was approved with the use of a space-o-matic system for
25 percent of the total parking. She expressed her
concern that 91 percent of the total parking will be
handled by the space-o-matic parking system for the
proposed project. She stated that she is not familiar
with the down time of the systems', such as maintenance,
wear and tear, power outages, salt air and fog
problems.
Coliaiasioner McLaughlin stated that she has utilized
the space-o-matic parking system in San Franc:l.sco which
worked well to park her van. However, she stated that
she ia concerned with the manner-in which the space-o-
MtiC system will be handled for the,proposed ~ject.
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INDEX
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-I COMMISSiO'lERS
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MINUTES
Februazy 24, 1983
:;,,~ I» I [ i i ~ ~ ~ ~ City of NQ\Alnort Beach \ ~~~=~s~~c~_m~=+-~ ___ ~~~YY~' ____ ~ ______ ~~~I
I~RO~L_L_C_A_U~~~~~ __________ .. _______________ --------~IN_D_~--~I
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Mr. David Collins, representing the project architect
sheldon Pollack, appeared before the Commission. Mr.
Collins stated that the space-o-matic parking systems
are utilized extensively and quite successfully in
other jurisdictions. He stated that they are only
proposing to utilize the space-o-matic system for less
than 50 percent of the parking. He stated that it is
only in the up position that the automobile would be
considered utilizing the space-o-matic system.
Mr. Collins stated that the space-o-matic system has
been recently improved and is very reliable. He stated
that the advantage of the space-o-matic system is that
if there is a failure, it usually affects only one or
two of the machines, not the entire system. He stated
that the system works hydraulically and does not
require power to lower the automobiles.
Commissioner Winburn stated that 91 percent of the
total parking will still be affected by the operation
of the space-o-matic system.
Commissioner Allen asked for the locations where the
space-o-matic parking system is currently in use. Mr.
Collins stated that the space-o-matic system is
currently being utilized in Santa Monica, downtown Los
Angeles and throughout the country. He stated that he
can provide the Commission with a list from the
manufacturer of the systems which are currently in
operation. He ,stated that the system has been utilized
at various locati?ns for the past 10. to 15 years.
Mr. Collins stated that· the space-o-matic parking
system is proposed for this project because the
applic~t wanted to simplify the parking structure
operation' and maintain the height limits of the
structure.
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COMMISSIONERS
ROll CAll
Motion x
MINUTES February 24, 1983
City of Newport Beach
Mr. Webb referred to Condition No. 18 on the
resubdivision and stated that an eight foot wide
sidewalk was required of the Fun Zone project, which
allows for the use of landscaping with c~opy type
trees. He stated that if trees and tree wells are to
be Utilized, the sidewalk width must be increased to
allow for pedestrians to maneuver around the trees. He
stated that a six foot 'wide sidewalk would not be
sufficient to accomplish, this. He added that the
proposed structure has a 'zero setback with a vertical
wall immediately adjacent" to the sidewalk. He
suggested that if the Commission is desirous of
approving a six foot wide sidewalk, Condition No. 44 on
the use permit should be modified to delete the canopy
type trees in the sidewalk area.
Commissioner Balalis stated that he has previously
utilized space-o-matic parking systems. He stated that
the system is not widely utilized throughout the
community because they are labor intensive and must be
operated by an attendant. He stated that they are safe
and have been utilized in New Orleans for the past 12
years and have been approved for use in almost every
major city in the United States. He stated that he has
been an advocate for the City of Newport Beach to begin
utilizing the space-o-matic parking system for the
Municipal lots, which would double the revenue to the
City.
Motion was made for approval of Use Permit No. 3018,
subject to the findings 'and conditions of the staff
report with the following revisions: Condition No. 91
shall be deleted, but that Condition No. 28 on the
Resubdivision No. 739 shall state that the developer
shall contribute 50\ of the cost of the traffic signal
at the East Balboa Boulevard and Palm Street
intersection prior to the issuance of any building
permits, regardless of the fact that the City may hold
public hearings to determine whether or not this
intersection will be signalizedl and, Condition No. 44
be modified to eliminate the canopy type trees in the
sidewalk area on Bay Avenue.
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COMMISSIONERS I ~'"
February 24, 1983 MINUTES --1
=:r-C .. 1~~~I~I~t~~~~~~i~C_it_y_o_f_'N_ew __ po_r_t_B_ea_c_h ________ ~~ __
ROLL CAll INDEX
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Mr. Fred Talarico, Environmental coordiilator, stated
that a specific area plan with landscaping design
standards for this area has not been adopted, therefore
he stated that the standards wh~ch were imposed on the
Fun Zone project have been recommended for this
project. He stated that the following are alternatives
to the sidewalk landscaping issue the Commission may
want to consider: 1) the eight foot sidewalk with
trees; 2) narrowing the alley width by two feet, or,
3) narrowing the public easement by two feet along
Edgewater Place.
Chairman King stated that since there are no specific
area plan standards for the area, he suggested that the
provision for sidewalk landscaping be determined by
staff which would soften the development. He stated
that perhaps canopy trees should not be designated, but
suggested an alternative such as vine pockets in the
building, or some form of vegetation which accomplishes
the same affect. Commissioner Balalis concurred with
the cOllll'llents by Chairman King.
Commissioner Goff stated that he is not convinced that
the proposed project is in the best interest of, the
City. He stated that the area is severely impacted by
poor traffic conditions and lack of parking. He stated
that the proposed project is dense enough that it is
requiring valet parking and the use of space-o-matic
parking machines. He stated that this only dramatizes
the fact that there is a shortage of land on the
Peninsula. He expressed his concern that he would not
want to set a precedent for three story commercial
developments on the Peninsula. He stated that this
will only serve to continue to aggravate the traffic
and parking problems which' already exist. He stated
that the project can not even provide adequate sidewalk
width and still provide the parking which is required.
He stated that the parking which is being provided is
inadequate in that a high majority of mechanical
parking machines are needed and the use of 100 percent
valet parking, with the exception of two handicapped
parking spaces. Therefore, Commissioner Goff stated
that he could not support the motion for approval.
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ifl
ROll CALL
February 24, 1983 MINVTES
City of Newport Beach
Chairman King stated that restaurants allover the city
are being approved by the Planning Commission with
valet parking because of the size of the property
involved. He stated that it would be inconsistent with
the planning Commission's previous actions to deny
valet parking for the proposed project.
Commissioner Goff stated that the restaurants which
have been approved for valet parking ,have only been.
approved with 50 percent valet parking and outside of a
parking structure.
Commissioner McLaughlin concurred with the comments
made earlier by Commissioner Goff and stated that she
would not be supporting the motion for approval.
Commissioner Winburn stated that she would not be
supporting the motion for approval, mainly because of
her concern with the layout of the parking strupture.
Commissioner Balalis stated that he has been a long
time resident of the Central Balboa area. He stated
that much of the traffic visiting this area is from
outside of the City. He ~tated that the City and this
area needs revitalization. He stated that the proposed
project has received unanimous support from the various
business and community associations of the area. He
stated' that there has not been one individual who has
attended the two meetings relating to this project, who
is opposed to the project. He reiterated that the
proposed project will help to revitali~e the area, just
as the Fun Zone project will help to revitalize the
area. He stated that if a project in the area
constructs a parking structure Which does not utilize
valet parking, it will be filled continuously with
beach visitors, meaning that patrons of the project
will never be able to utilize the parking structure.
He urged the Planning Commission members to pay
attention to the needs of the community.
In response to a question posed by Commissioner
Winburn, Mr. Rickless stated that he has spoken to the
Chairman of the Central Newport Beach Community
Association. He stated that he is sc~eduled to present
the project to the Association at their next meeting.
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INDEX
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MINUTES
February 24, 1983
Mr. Rickless stated that the Chail:man of the Central
Newport Beach CoIIIIminity Association has seen the
project and· feels comfortable with the project. He
stated that if the Association should have any
objections with the project, they will have tQe
opportunity to express their views at the· time of the
City Council· hearing on the project.
Mr. Rickless stated that there has be!lll pienty of
publicity concerning the propcsed project, including
newspaper articles, presentations to community
associations, and public hearings for people to express
their concerns. He rei~ated that the c()ll!l!!I1nity
supports ·the project. He stated that· the area is
deteriorating and needs revital~ation.
In respcnse to the comments of· Mr. Rickless and
Commissioner Balalis, Commissioner Goff stated that he
also desires to see the area revitalized, however, he
stated that the good of a .nicer building, does not
outweigh the pctential bad of an aggravated parking and
traffic problem. He stated that the propcSed project
does not adequately address the parking and traffic
problems.
Chairman King stated that the area is totally
surrounded by visitor serving uses which are actively
promoted by the State of California. He stated that he
has difficulty tying the solution to the total traffic
problems to one project. He stated that the staff has
addressed the traffic and parking issues.
Chairman King stated that· persons who are concerned
with various projects within·the City, should address
their concerns at the Planning Commission hearings, and
should not wait to pcliticize their views at the City
~cil level. He urged more of the residents to
bece-actively involved in the planning process. . .
Mr. Buzz Person stated that the residents of the area
take great strides in making their area a better place
to live and visit. He stated.that the Central BAlboa
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INDEX
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COMMlSSIOOERS
ROll CALL
Motion
Ayes
Noes
Motion
Ayes
Noes
x
XX X
l l X X
X
X X
X X
February ;a4, 1983 MINUTES
City of Newport Beach
district is not a depressed area:. Mr. 'Person stated
that the Balboa Improvement Association, and the
community supports the project because it will improve
the area and maintain the quality of the community, the
support 'is not necessarily based upon the aesthetic
point of view for 'the particular building. He stated
that the previous use was the Bayview, Hotel which was a
transient hotel. He urged approval of the proposed
project.
Commissioner Goff stated that he can not app~ove a
project just because it is not as bad as the prior use.
He stated that if there are so many people visiting the
area as evidenced by Chairman King, then certainly a
project of a smaller magnitude. could be suppOrted by
those people.
Motion by colllDlissioner Balalis for approval of Use
Permit No. 3018, as revised, was now voted on, which.
MOTION FAILED.
In response to a question posed by Chairman King, Mr.
Webb stated that a six foot sidewalk is not wide enough
to accommodate trees and tree wells. He stated that
the Parks, Beaches and Recreation Department has
recommended that tree wells be a minimum of four feet
wide and six feet long.
Chairman King stated that an eight foot sidewalk would
accommodate some trees. Commissioner Balalis stated
that if an eight foot sidewalk can be accomplished, he
will not change Condition, No. 18 on the resubdivision.
'Motion was made for approval of Re~ubdivision No. 739,
subject to thE! findings and conditions of the staff
report, which MOTION FAILED.
Mr. Burnham, City Attorney, stated that the motion for
approval of the project has failed, therefore, another
motion on the project is needed so that there is a
deCision of the Planning Commission.
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COMMISSIONERS February 24, 1983
MINUTES
;;~~ CD ! i-l i ~ ~ i City of Ncv/POrt Beach
ROll, CALL
Motion
Ayes
Noes
Motion
Ayes
Noes
x
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X X I JC
Planning Director Hewicker stated that Findings of Fact
will be needed, if the project is to be denied. Mr.
Burnham stated that staff can submit findings for the
Planning Commission to review at the next meeting.
Motion was made for denial of Use' Pe%lllit No, 3018,
which HO'l'ION CARRIED.
Motion was made for de~ial of ResubdivisiOn No. 739,
which HO'l'ION CARRIED.
Commissioner Balalis requested that detailed minutes be
prepared for these items, in the event the decision of
the 'Planning Commission is appealed to the city
Council.
Chairman ~g requested that the applicant submit the
list from the manufacturer of the space-o-matic systems
which are currently in use.
* * *
Request to consider an amendment to Chapter 20.02 of
the Newport Beach Municipal Code, establishing height
limits on the Pacific Coast Highway Frontage, Newport
village and Cozpor~te Plaza West Planned Community
Districts and providil1,g f()r the easterly and wes,terlY
nsion of the sight plane over cOrporate Plaza
adop d March 24, 1975.
INITIA'rED : The City of Newport Beach
Planning Director icker stated that the Harbor View
Hills CCIIIIIIUIlity Assoc ion and The Irvine Company have
reached an agreement re ing the sight plane. He
stated that the Harbor View lls CoIIIImlnity Association
has requested that this' it be %SIIIOved from 'the
agenda.
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INDEX
Item 117
AMENDMElft
NO. 586
TO:
FROM:
SUBJECT:
OWNERS:
LOCATIOl'l:
ZONE:
APPLICANT:
ATTAGHMENT C
Planning 'Commission Meeting, ____ =F~e=b~ru~a=%yL_=I~O~,_' =1~9~8~3_
Agenda Items No., ____ -.,.;8:::.....:&:...;9:.-___ _
CITY OF NEWPORT BEACH
Planning commission
,Planning Department
Use Permit No. 3018 (Public Hearing)
Request to permit the construction of a combined retail
commercial/office building, and a related parking
structure with offices, which exceed the basic height
limit in the 26/35 Foot Height Limitation District and
includes an architectural feature that exceeds 35 feet
in height. The proposal also includes a request to
establish a cafe/lounge facility, a nighttime only
restaurant, and an office area in excess of 5,000
sq. ft. on property located in the C-I District in the
Central Balboa Specific Plan Area where a specific plan
has not been adopted. The request also includes
modifications to the Zoning Code so as to allow the use
of parking spaces that are not independently accessible
and compact parking spaces for a portion of the
required off-street parking in conjunction with a full
time valet parking service, and the acceptance of an
environmental document.
Rolland Vallely Family Trust, Balboa; and Balboa
Bayview Development, inc., Balboa
AND
Resubdivision No. 739 (public Hearing)
Request to establish one parcel of land for retail
commercial and restaura,nt developmen,t, one parcel of
land for a private vehicular and pedestrian access, and
one parcel of land for office and ,parking uses, where
seven lots and portions of two lots, a portion of
Edgewater Place and a portion of a public alley
proposed to bl'! vacated presently exist. The proposal
also includes a request to establish grades for the
purpose of measuring the heights of proposed buildings.
Lots .1,2,3,7,8,9,10, and portions of Lots 4 and II,.
Block 3 of the Balboa Bayside Tract, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated, located at 309 Palm Street, on
the westerly side of Palm Street between East Bay
Avenue and Ne~rt BaY in Central Balboa.
C-l
Balboa Bayview Development, Inc., Balboa
-3/14/83 I ,
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TO: Planning Commission -2.
OWNERS: Rolland Vallely Family Trust, Balboa; Balboa Bayview
Development,' Inc., Balboa; Mike Fazzi, Balboa; and
Donald Franklin and James Ray, Corona del Mar.
ENGINEER: UMA/RGB Engineering, Inc., Irvine
Applications
The Balboa Bayview Development Company has proposed the following
applications which would allow the construction 0'" a retail
commercial, restaurant and office structure (Parcell); an office and
parking structure (Parcel 2); and associated landscaping on two
separate parcels of land connected' by a pedestrian bridge in the
Central Balboa area:
2)
3)
Acceptance of an environmental document as having been prepared
in compliance with the California Environmental Quality Act
(CEQA), the "State CEQA Guidelines" and City Policy K-3, and
certirication that the data was considered in the final decisions
on the project. •
The approval of Use Permit No. 3018 to allow for the construction
of a retail commercial, restaurant and office building, and an
office and parking structure in a Specific Plan Area, where a
Specific Plan has not been adopted, and which exceeds 5,000 sq.
ft. of floor area. The proposal also includes ,a request to
establish a cafe/lounge facility and a nighttime only restaurant.
Additionally, the proposed buildings also exceed the basic 'height
limit in the 26/3~ Foot Height Limitation District. The proposal
also includes modifications to the Zoning Code so as to allow the
use of compact car spaces which pre not independently accessible.
Use, Permit procedures are outlined in Chapter 20.80 of the
NewpQrt Beach Municipal Code. Modification procedures are
outlined in Chapter 20.81 of the l'!unicipal Code.
The approval of Resubdivision No. 73'9 to' establish one ,parcel of
land for' retail commercial, restaurant and of'fice development,
one parcel for private vehicular and pedestrian access, and one
parcel for office and parking uses, where seven (7) lots and
portions of two lots, a portion q£ Edgewater Place and a portion
of a public alley proposed to l;le vacated, presently exist.
Resubdivision procedures are outlined in Chapter 19.12 of the
Municipal Code.
.. ~'~~----------------------------------------------~
TO: Planning Commission -3.
Subject Property and Surrounding Land Uses
The project site is located on the bay front in the Central Balboa
area of the Balboa Peninsula. Parcel 1 is bounded by Edgewater Place,
a pedestrian walkway along the bay front on the north, the realigned
alley on the south, Palm Street on the east, and existing commercial
structures on the west. The eastbound alley, which exits onto Palm
Street between Edgewater Place and East Bay Avenue, separates the
project. Parcel 2 is bounded by the alley on the north, East Bay
Avenue on the south, existing commercial structures on the east, and
Adams Street on the west. The regional location, views of the site,
views of adjacent sites and a description of adjacent land use is
:included in the Initial Study which is attached. Immediately across
Palm Street to the east, is the "Fun Zone" site.
Background
Parcel 1 is presently vacant and was the site of a major fire ,within
the last year (Bayview !Iotel). The Newport Beach Municipal Code
provides (Section 20.83.060) that a nonconforming building damaged or
destroyed by fire to the extent of damage to the structure ~y be
restored if a use permit is optained.
The proposed project entails construction of a mixed use development
with a total gross floor area of 17,245 :!: sq. ft. and 92 tlarking'
spaces. The three-story structure on Parcel 1 contains commercial
retail space and service areas on the ground floor, restaurant space
on the second floor, and a cafe/lounge with outdoor observation deck
and terrace on the third floor. Floor areas associated with each of
these proposed uses are summarized in Figure 3 on the proceeding page.
Two handicap parking spaces and one loading space are located on the
alley. The structure on Parcel 1 is oriented to maximize views to the
bay from the proposed restaurant, cafe/lounge and associated outdoor
areas. An elevator tower is located on the north side of the build:ing
with pedestrian access from Edgewater Place through the ground floor
of the building to the alley. Two separate stairways provide
additional access to, the upper floors. The maximum height of the
roof line is 35.0 feet, However, the elevator tower is topped by a
decorative cupola which is an open framework that adds 4.5 feet to the
maximum building 'height at that point, and a flagpole.
The structure on P~rcel 2 contains the proposed parkin~ garage on the
first and second floors, and proposed office space on the third floor.
Improvements on Parcels 1 and 2 will be joined by a pedestrian bridge
ove;-the alley at the third floor. The pedestrian bridge has a
clearance of 19.0 feet over the alley. Vehicular access into the
parking structure is from Adams street with a ramp down to the first
level and a ramp up to the second level. Ail parking' will be valet
service as a result of the proposed use of ",Space-O-Matic" park:ing
machines which will allow' for stacking two cars, in a one car space.
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SUMMARY OF TABULATION
CONTAINED. IN APPENDIX A
Site Area 1
1st Floor: Commercial Retail
2nd Floor: Restaurant
3rd Floor: Cafe/Lounge
SUB-TOTAL GROSS FLOOR AREA
Other Features:
3,533 G.S.F.
5,0;32 G.S. F.
1,115 G.S.F.
9,680 G.S.F.
- 2 handicap parking spaces, 1 loading space
and service areas located on alley.
-Small outdoor. terraces provided on 2n'd floor.
-Large outdoor Qbservation Deck and terrace
·provided on 3rd floor.
-Elevator and 2 stairwells provide access.
Site Area 2
1st Floor: Parking 50 Spaces
2nd FI~or; Parking 39 Spaces
3rct F.loor: Commercial Office 7,565 G.S.F •.
Other Features:
-Parking access from Adams Street.
-Valet parking only
-Parking capacity increased with "Space-O-
Matic" parking machines.
-Pedestrian bridge over alley Joins struc-
:,ures on Site Areas 1 and 2 at 3rd level.
TOTAL GROSS FLOOR AREA
TOTAL PA~KING
17,245 G.S .• F.
92 Spaces
(21 compacts)
Bayview Center
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TQ': Planning Conunission -5.
The first level of the parking structure contains 46 spaces provided
by "Space-O-Matic" and 4 regular spaces; the second level provides 38
spaces with "Space-O-Matic" machines and one regular space. The
garage has a total of 89 spaces with 21 of the spaces sized for
compact cars. The site plan provides for a pedestrian walkway from
the al~ey to East Bay Avenue between the east side of the parking
garage and the adjacent existing structures facing Palm Street. The
maximum height of the roof ·line of the three-story structure is 35.0
feet with no additional architectural features.
The elevations contained in Appendix A show the proposed architectural
detailing of the project, with materials being primarily wood shingles
and wood· siding. The elevation of the parking structure along East
Bay Avenue is· treated with window-like openings and wood trellises to
"disguise" the appearance of the parking structure and screen parking
activities from the street. There are no setback requirements from
the property line along the public streets. However, the developer
has provided corner cuts as shown on the site plan in Figure 3 on the
preceding page.
The developer requests that the City abandon and vacate· the public
alley which bisects the project site. The developer will then improve
and maintain it as a private alley for public circulation, widening it
from its existing 10-foot width to 20 feet. The City code does not
require a rear setback on a private alley.
Project implementation will require demolition of all existing
structures and parking lots on the project site. The Balboa Bayview
Hotel on Parcel 1 was damaged by fire late last year and was
demolished and removed. The former hotel site is currently devoted to
interim parking use.· Existing improvements on the project site are
described in the attached Initial study. The applicant proposes to
retain the existing boat rental facilities associated with the project
site, including the boat docks bayward of Edgewater Place and the
small boat crane and boat rental kiosk on Edgewater Place. The boat
rental facility will be remodeled to compliment the new structures on
the site.
conformance with the General Plan and Local Coastal Program
The proposed project is consistent with the Newport Beach General
Plan. The proposed plan was developed w~thin a framework of the
poliCies of the General Plan and its varioUs elements and the Local
Coastal l'rbgram (LeI')·. A discussion of each element and the LeI'
relationship to the proposed proj!,!ct is contained in 1;11e Initial,
study.
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TO: Planning Commission -6.
Environmental Significance
In accordance with the California Environmental Quality Act (CEQA) ,
the "State CEQA Guidelines", and City Policy K-3, an Initial Study was
prepared on the proposed project. Based upon the contents of the
Initial Study, the City's Environmental Affairs Committee determined
that the project will not have a significant effect on the environment
and a Negative Declaration was issued. Copies of· the Negative
Declaration and Initial Study are attached.
Zoning
The project site is designated C-l. Professional offices and retail
establishments are permitted uses within the C-l Zone. Restaurants,
however, require a use permit. The proposal also includes a request
to establish a cafe/lounge facility and a nighttime .only restaurant.
Other. individual restaurant uses which may be located within the
proposed project will subsequently be required to obtain said permits.
The requirements of Section 30.35 of the Newport Beach Municipal Code
state that office buildings in excess of 5,000 sq. ft., located in an
area designated for a Specific Area Plan, must obtain a use permit.
In order to approve the use permit, the Commission must find that the
proposed project is in keeping with the desired character of the
Specific Area Plan as stated ~n the General Plan; that the proposed
building is consistent with the General Plan policies; and that the
proposed project will not preclude attainment of Specific Area Plan
objectives as stated in the Land Use Element of the General Plan.
The proposed buildings also exceed the basic height limit in the 26/35
Foot Height Limitation District. Section 20.02.040 of the Newport
Beach Municipal Code establishes criteria for reviewing structures in
excess of the basic height limit. The applicants have also requested
approval of an architectural feature that exceeds 35 feet in height.
The overall issues of height and these requests are discussed in
subsequent sections of this report.
Finally, the proposal also includes modifications to the Zoning Code
so as to allow the use of compact car parking spaces and other parking
spaces that are not independently accessible. This is also discussed
in subsequent sections. A summary of the zoning requirements,
existing conditions, and the proposed project condition~ is presented
in the comparison chart which follows:
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PROJECT ELEMENTS
11) Project Site Area
(Gros s Acreage)
CODE REQUIREMENT
(C-l District)
No Miniumum
~Buildable Site Area Gross Area
-(Excluding 20' Ailey) less setbacks
-(2)
Allowable Floor Area 2.0 x Buildable
Gross Floor Area(2)
(2)
.Floor Area Ratio (FAR) 2.0:1
Stte Coverage
Percent Site Coverage-
!Re: Buildable
Site Area)
Open Space
Setbacks
Front & Side
Rear (on aUey)
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10 feet
26'/33'
EXISTING USES
1'0 the Bulkhead Prescriptive Rights Area
~3.653.1 SF
Parcell. 11,020.7
Parcel 2 ~ 9,583.2
Parcel 3 -3,049.2
22,881.6 SF
45,763.2 SF
9,852.0 SF(3)
0.22:1
(3)
9,600.0 SF
42%
N.A.
o
Vl'ries, Generally 0
19,427.8 SF
Parcell. 6,795.4
Parcel 2 • 9,583.2
Parcel 3 : 3,049.2
18,656.3 SF
37,312.6 SF
9,852.0 SF
0.26:1
9,600.0 SF
51%
N.A.
SAME
Building Height
(up to 35' with use permit) SAME
PROPOSED PROJECT
fo the BUlkhead PrescrIptive Rights Area
SAME
20,492.8 SF
40,985.6 SF
17,244.3 SF
0.42:1
13,062.0 SF
( 3)
7,430.3 SF
Varies, 0 Co 1. 6 ft . 0'4)
35 ft. above grade
Parcels 1 and 2
SAME
16,267.5 SF
32,535.0 SF
17,244.3 SF
0.53:1
13,062.0 ·SF
80%
3,295.2 SF
SAM~
SAME
NO'l'ES: (1) The City of Newport Beach Attorney's Office and ~lanning ~partment have determined that, for purposes of establishing compliance with the
SOURCEt
Newport BeaCh MUnicipal Code, Floor Area Ratio (FAR) for the proposed project should be c~culated to the bulkhead. Additional PAR comparisons
arc provided for inf~rmational pur;poses only. The difference between the proje~t site to the bulkhead and the p~escriptive rights area is
accounted for by that portion of Edgewa~er Place on Parcel 1, measuring 4,225.3 square .feet.
(2) Does not include floor area devoted to parking.,
(3) Bstimates for existing US~S provided by the project architect. These estimates include the Balboa Bayview Hotel which was destroyed by
fire and removed in late 1982. Estimates for project floor area ana site coverage do not include the floor area of the boat rental on
Eqgewater Place.
(4) Applicant requests that the existing public alley be vacatedJ applicant proposes to maintain the vacated right-of-way as an improved
private alrey. There are no setback re~iremcnts for a prlvate alley.
The Butler Roach Group, Inc. 19831 UMA/RGB Engineering, Inc. 1983, and ~e project architect (Appendix A) 1983.
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TO: Planning Commission -8.
USE PERMIT NO. 3018
The applicants have requested approval of Use Permit No. 3018 to allow
for the construction of a retail commercial, restaurant and office
complex and related parking areas in a Specific Plan Area, whe're a
Specific Plan has not been adopted, and which exceeds 5,000 sq. ft. of
floor area. The use permit also includes modifications to the Zoning
Code so as to allow the use of compact car spaces, spaces which are
not independently accessible, and a request to excee~ the basic height
limit, all of these are discussed in separate sections of this repOrt.
Section 20.01.075 of the Newport Beach Municipal Code provides that
a use permit shall be required for any proposed office building with a.
gross floor area exceeding 5,000 sq. ft. in this area to insure that
the project conforms to the objectives of the General Plan. The
criteria for granting the use permit are as indicated below:
(I) The proposed office building is in keeping with
the desired character of the specific plan area as
identified by the General Plan.
(2) The proposed building .is consistent with the
General Plan policies; and
(3) The proposed use will not preclude that attainment
of the Specific Area Plan objectives stated in the
~and 'Use Element of the General Plan COrd. 1640 ~
2, 1975)
It is the op~n~on of staff that the proposed project meets all of the
above criteria. With respect to Item No.1, the proposed office use
will not occupy any first floor space, nor will its use conflict with
the proposed retail and restaurant uses. With respect to Items No. 2
and 3, the proposed project is consistent with the General Pl.an and
Local Coastal Program. The setbacks, architect)lral treatment and
landscaping will enhance the Specific Area Plan area and establish
worthwhile standards for future redevelopment in the Area. The
suggested conditions of approval related to the areas streetscape are
the same as those appro:ved for the "Fun Zone" project. With respect
to the overall plan. of development, the following comments are
offered:
TO: Planning commission -9.
Construction Process
A description of the proposed construction processes, its impacts and
suggested mitigation measures are contained in the Initial Study.
Staff has provided for Planning Commission consideration several
specific conditions of approval to eliminate impacts during 'this
period. It is the opinion of staff that if these conditions are
accepted and the project is constructed in accordance with the
proposed conditions, that the construction process will not be a major
problem to residents and visitors. The c~mstruction process may
require "dewatering" of Parcel 2 dependent on soils studies. However,
the excavation will only be 3 ± feet and no major problems 'are
anticipated.
Landscaping and Design
The applicants have proposed two separate three-story structures
connected' by a walkway on the third story level. Staff and the'City's
consultants have suggested as conditions of any project approval that
the sidewalks along Palm Avenue, Adams Street and East Bay Avenue, all
of the alley, and the setback from the bulkhead, be paved in a similar
manner approved by staff.' Further, that the landscaping plan provide
trees in such a manner so as to achieve a canopy effect similar to
Main street in Central Balboa. Palm Street would be planted with palm
trees. The applicant has concqrred with these recommended conditions
for his project and as a means of providing visual unity to the
Central Balboa area. It is the intention of staff to work with this
applicant and the "Fun Zone" owners to provide a similar or compatible
streetscape.
The Public Works Department has expressed concerns with the prOVision
of street trees along East Bay Avenue within the public right-of-way.
It is staff's intention to work towards a solution acceptable to the
two developers and the P.ublic Works Department that achieves the
desired landscape treatment.
Redevelopment Potential -Peninsula
The Certified Final EIR for the Fun Zone evaluated the redevelopment
potential of the Central Balboa Specific Area Plan area, and the
remainder of the Peninsula to the Arches Bridge. This information
corresponds basically to the inforntation requested by the Planning
commission for the various Specific Area Plan areas. (Draft EIR "FUn
Zone" pages 23 through 27 and 75 through 77.). The report indicates
that maximum buildout is unlikely. Further, should redevelopment
occur to that Which is, allowed by the zoning, the circulation system
will be unable to handle the traffic with future winter volumes
exceeding existing summer volumes. The Planning Commission presently
shows the Central Balboa and Cannery Village/McFadden Square Specific
Area Plan as priority items 5 and 9 respectfully. The proposed
project is substantially less intense than the approved "Fun Zone"
project (.43 Floor Area Ratio versus 1.41 Fioor Area Ratio).
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TO: Planning Commission -10.
Structure Height
The applicants have requested construction to a maximum height of
thirty-five (35) feet (three stor~es). They have also requested the
approval of an architectural feature above the proposed third story of
. one of the structures, to a height of thirty-nine feet, six inches
(39'6"). The feature is topped by a five foot, six inch (5'6") flag
·pole. Staff does not foresee a problem with this request so long as
the feature is open in design and an appropriate condition has been
suggested.
Section 20.02.040 of the Newport Beach Municipal Code establishes the
below listed criteria for reviewing structures in excess of the basic
height limit:
1)
2)
3)
4)
The increased building height would result in more public visual
open space and views than is required by the basic height limit
in any zone. Particular attention shall be given.to the location
of the structure on the lot, the percentage bf ground cover, and
the treatment of all setback and open areas.
The increased building height would result in a more desirable
architectural treatment of the building and a stronger and more
appealing visual character of the area than is required by the
basic height limit in any zone.
The increased building height would not result in undesirable or
abrupt scale relationships being created between the structure
and existing developments 9r public spaces. Particular attention
shall be given to the total bulk of the structure including both
horizontal and vertical dimensions.
The structure shall have no more floor area than could .have been
achieved without the use permit.
It is the opinion of staff, that the proposed project meets the
criteria specified under Items No. I and 4, :in that without the use
permit, the same amount of floor area could be contained in a lower
structure covering a larger area of each site. If this were to be
done, the design might result in less open space and landscaped areas
and might also result in a less visually appealing development. All
setbacks established by the zoning district are maintained by the
proposed project.
With respect to Item No.2, it is the opJ.nl.on of staff that the
proposed design results in a more desirable architectural treatment of
the project and provides a stronger and more visual character for the
site than could have been accomplished within 26 feet.
With respect to Item No.3, it is the opinion of staff· that the
Planning Commission may find that the proposed structure will not
result in undesirable or abrupt scale relationships being created
between the structure and existing surrounding development. The "Fun
Zone" project was approved at thirty-five (35) fe!)t with a "space.
frame" grillwork exceeding ·that height.
TO: Planning Commission -11.
Within the Central Balboa area the Balboa Pavilion and the Balboa Inn
exceed thirty-five (35) feet in height. Residential development along
the Peninsula presently' is a 'mixture of two and three story
structures.
With respect to Item No.4, the project will not contain a greater
floor area than could be achieved without the use permit. The C-l
District wQuld allow development at 2 times the buildable', area. The
project is proposed to be developed at .42 times the buildable area.
parking
The fdlloWing chart provides a parking analysis fo~ the )?roposed
project:
CODE REQUIREMENT SQ. F~. REQUIRED SPACES
(C-l DISTRICT) Day Uses Evening Uses
Retail -1 space per
250 sq. ft. gross 3,533.13 1:5 0
Office -1 space per
250 sq. ft. net 7,564.93 30 0
Restaurant -1 space
per 40 sq. ft. net 3,576,.12 19 90
Existing Off-Site Agreement 15 0
TOTAL CODE REQUIREMENT 79 90
Proposed Additional
Off-site Agreement 12 0
TOTAL PROJECT REQUIREMENT 91 90
TOTAL PROPOSED SPACES 92 92
COMPOSITION OF PARKING FACILITIES
Type of Space No. Spaces % of Total
Regular 71 77%
Compact 21 23% ,-
TOTAL SPACES 92 100%
Total Spaces in. Structure 89 97%
"Space-o-Matics" 84 91%
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TO: Planning Commission -12.
For comparison with the request, the "Fun Zone" project parking was
approv.ed as indicated below:
Garage ·No. of Standard/ No. of Space-o-No. of Compact TOTAL
Level Tandem Spaces Matic Spaces Spaces SPACES
1 45 (66%) 0 23 (34%) 68 (100%)
.
2 55 (44%) 44 (35%) 26 (21%) 125 (100%)
TOTALS 100 (52%) 44 (23%) 49 (25%) 193 (100%)
Source: Corbin-'-Yamafuji and Partners, J;nc., March 1982; LSA, March
1982.
Resubdivision No. 739
The applicants have requested approval of Resubdivision No. 739 to
establish one parcel of land for retail commercial/office and
restaurant development; one parcel of land for a private vehicular and
pedestrian access; and one parcel of land for office and parking uses,
where seven lots and portions of twQ lots, a portion of Edgewater
Place, and, a portion of a public alley propose to be ,vacated,
presently exist.
Parcel 1 = .253
Parcel· 2 = .220
Parcel 3 = .070 .
TOTAL = .543 ± acres
.
The proposed map is consistent with all prov1s10ns of the Newport
Beach Municipal Code, the Newport Beach General Plan and Zoning for
the site. Staff has ·therefore recommended approval of this portion of
the project. .
The applicant has also requested that the City ·establish grade for the
pu~se of measuring the height of the proposed. buildingl? This
request was made at the sugge~tion of staff and allows for the site to
be raised for flood protection. Suggested Condition No. 30 on the
resubdivision addresses this concern.
It is th~ opinion of staff that a title report needs to be obtained to
ascertain the status of title to Edgewater Place, and further to
determine the status of the ~xisting and proposed, locations of the
boat rental building. and crane. Subseqlient to the determination of
title, additional.action by the City.may be required.
, , .,
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TO: Planning Commission -13'.
Suggested Action
Staff recommends approval of the proposed project with the Findings
and subject to the Conditions indicated in Exhibit "A".
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
By ~!,,.l ~
Fred Talarico ~~"
Environmental Coordinator
Attachments: Exhibit "A"
1) Vicinity Map
2) Negative Deelaration
•
3) Letter from Frank Marshall dated February 1" 1983
4) Letter from Mike Fazzi dated February 4, 1983
5) Initial Study
6) Plot plans, floor plans, e1evations and sections
7) Resubdivision Map
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ATTACHMENT NO. 1
VICiNiTY 'MAP
b)==============~( ~)==~'======$=~=~=P
0' .. go , :00 'UT -
BALBOA
DISTRICTING MAP
LIGHT GQMNEkClAL
GENERAL CONI([JCJAt,
..AltU'ACTUItI~.
UNCUSSlft£D •
.Ii" .
rm', 301·8 J
ResoW; ViS ion . ~ 739
lo5L,
-,
ATTACHMENT NO.2, I
~NE~G~AT~I~VE~DE~C~LA~M~TI~O~N ________________________ ~
TO: CI
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Secretary for Resources
1400 Tenth Street
Sacramento, CA 95814
County Clerk
FROM: . Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Be~ch, CA 92663
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Public Services Division
P.O. Box 838
Santa Ana, CA 92i02 ....... ______ ....... 1
NAME OF PROJECT: BALBOA BAYVIEW TERRACE II
~------------------------------------------------------~ PROJECT LOCATION: 309 Palm street Ne~rt Beach, California 92631 I ~---------------------------------~ , PROJECT DESCRIPTION:
SEE ATTACHED INITIAL S'l:llDY I
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FINDING: Pursuant to the provisions of City Council Policy K-3 per.taining to
procedures alld guidelines to implement the Califor.nia Environmental. Quality
Act, the Environmental Affairs Committee has evaluated the proposed project
and determined that the.proposed project will not have a significant effect
on the environment.
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~--------------------------~------------------~ ~------------------------------~II MITIGATION MEASURES:
SEE ATTACHED INITIAL STUDY I
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t-.IN.I.T.IA.L .. S.TU.D.Y __ PR.E.P.AR.E.D __ BY.: __ .C.it.Y __ Of __ N.e~ __ .rt .. B_e.ac_h ________________________________ ~1
INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard. Newport Beach, CA I
--------~-----------------------------~.
DATE RECEIVED FOR FILING: --'-"'~.I.::.'JU.=.;.t.£C~:=;...-=· =--=,---____ _
Fred Talarico ,.,It" I
r...O I Environmental Coordinator
Date: January 26, 1983
I-fflns .:II-8'y-9 -{jse !I?,m':f.-}lb. ~t
+ ~()h· No. 759
!J,.ank .Jta,.AIuzIl t/lealtg. ATTACHMENT NO. 3
I 510 West Balboa Boulevard • Newport Beach • California 92661 • 7141675·4600
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Plannlng Commlslon
Clty of Newport Beach
Attentlonl Mr Dave Goff.
1 Feb 1983
secretary
Reference I Balboa Bayv~ew Development ~orporatlon for Use Permlt No. 3018 I and Resubdl!lSlon No.739 located at 309 Palm street.
Dear Mr. Goff.
I I own two parcels located at 505 and 507 East Bay Ave. whlch are
located dlrectlY across the street from the proposed parklng structure. I
have revlewed the proprosed plans and have the followlng obJectlons to
~ql .
I 1. The helght ot the parklng structure wlll be too hlgh for Bay Ave and
lt wlll not blend ln wlth the nelghbor hood. due to the wldth ot Bay Ave •
. 1 2.The structure should be bullt for selt park rather than for Va~et Parklng.
Many people object to Valet parklngl consequently the patrons wlll selt I park on the street. .'
3. The exterlor of the proposed parklng structure should be flnlshed ln
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brlck slmllar to the.Lldo parklng structure rather than wood malnly
tor appearance ln the years to come.
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City o! Newport Beach
Planning Dept.
Newport Beach. Ca.
Dear Sirs.
ATTACHMENT NO. 4
home developers
Feb.4. 1983
I would like my concern's as part of the record for the
rede1l'elopement of the property at 309 Palm St. I have talked
to Mr. Rickless of Bayview Developement and he has described
what he intends to do with his new developement. From what I
have learned f'tllmhim I cannot see any major problems. But
until I see something in writing I 'cannot say that we approve
of the entire 'project.
There are some things that I must have included in any
agreement that will protect us from what I feel will ,be
unnecessary cost on our part. They include;
The cost of the alley should be paid by Bayview Dev.
or their successor for as long as the alley remains
in private hands.
That Bayview Dev. pay for all new utility hookups and
make sure that we are not left without utilities while
cunstruction is gOing on.
That the new alley shall remain open and unobstructed
on both ends. Palm St. To Adams. and that we have a
r~orded Easment so that we can use the alley to get
to our parking area. •
Since they propose to add some land to our property ~
would' like some assurance that our Property Taxes will
not be greatly increased.
Since we own both 301 and 305 Palm St. I feel that a
new de've1opement will be good for us as long as we can be
protectea in the ways I outlined above. There may be other
things that come up. but I think that they can all be worked
out with ,the Developers.
Thank You.
~:?!.
General Partner
305 palm st. balboa, ca. 92661 • (714) 675-0172
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EXHIBIT "A"
FINDINGS AND CONDITIONS FOR APPROVAL
USE PERMIT NO. 3018 and RESUBDIVISION 739
AS RECOMMENDED TO T~ PLANNING COMMISSION
USE PERMIT NO. 3018
FINDINGS:
February 10, 1983
,"
1. That an Initial Study and Negative Declaration
have been prepared in compliance with,' the
California' Environmental Quality Act, and that
their contents have been considered in the
decisions on this project.
2. That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigation measures to reduce
potentially significant environmental effects, and
that the project will not result in significarit
environmental impacts.
3. That the proposed development is consistent with
the General Plan; the Land Use Plan of the Local
Coastal Program as conditionally certified by the
Coastal Commission and accepted by the City
Council; and is compatible with surrounding land
uses.
4. The proposed use of not independently accessible
and compact car spaces will not, under the
circumstances of this particular' case, be
detrimental to the health, safety, peace, comfort,
and general welfare of persons residing or working
in the' neighborhood of such proposed 'use or be
detrimental or ~nJurious to property and
improvements in the neighborhood or the general
welfare of the City and further that the is
consistent with the legislative intent of Title 20 .:
of this Code.
5. The approval of Use Pennit ~o. 3018 will not,
under the circumstances of this case be
,detrimental to the health, safety, peace, morals,
comfort and general welfare of persons' residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
6. The increased building height will result in more
public visual open space and views than is
required by the basic height limit.
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Planning Commission -2.
7. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than could be provided with
in the basic height limit.
8. The increased building height will not result in
undesirable or abrupt scal,e relationships being
created between the structure and existing
developments or public spaces.
9. The structure will have no more floor area than
could have'been achieved without the use permit.
10. That the proposed project including the office
portion thereof is in keeping with the desired
character of the specific plan area as identified
in the General Plan.
11. 'That the proposed project is consistent with the
General Plan policies.
12. That the proposed use wil~ not p,reclude the
attainment of the Specific Area Plan objectives
stated in the Land Use Element of the General
Plan.
CONDITIONS:
1. That all development shall be in substantial
conformance with the ,approved plot plan, floor
plans, elevations and sections except as noted
below.
2. That all applicable conditions of Resubdivision
No. 739 shall be fulfilled.
3. Development of site shall be subject to a grading
permit to be approved by the Building and Planning
Departments.
4. The grading plan shall include a complete plan f9r
temporary and permanent drainage facilities, to
minimize any potential impacts from silt, debris,
and other water pollutants.
5. The grading permit shall include, a description of
haul routes access, points to the 'site and,watering
and sweeping program designed to minimize impact
of haul operations on the public streets system.
The routes and cleaning,program shal~ be approved
by the Publi~ Works Department.
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TO: Planning Commission -3.
6. An erosion, siltation and dust control plan, if
required shall be submitted and be subject to the
approval of the Building Department and a copy
will be forwarded to the California Regional Water
Quality Control Board Santa Ana Region.
7. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soil engineer and an
engineering geologist based upon the completion of
a comprehensive soil and geologic investigation of
the site. This shall establish parameter of
design for the proposed structure and also provide
recommendations for grading. Permanent
reproducible copies of the "Approved as Built"
grading plans on standard size sheets shall be
furnished to the Building Department.
8. Prior to the issuance of building permits the City
may require the applicant to provide documentation
of existing structural conditions in the vicinity
of the proposed project and the estimated extent
and impact of subsidence on surrounding
structures, utili ties and other improvements, to
the satisfaction of the Building and Safety,
Public Works and Planning Departments of the City
of Newport Beach.
9. If required by the City, during excavation and
throughout dewatering of the project site, the
applicant shall monitor the extent of subsidence
and its associated impacts through placement of
appropriate testing devices under the supervision
and surveillance of a qualified soils engineer.
The City shall be kept informed in a manner
approved by the Building Department & Public Works
Department regarding any structural impacts on
adjacent properties and other improvements and if
necessary, construction processes shall be
modified to eliminate such impacts and the
applicant shall repair any improvements damaged by
subsidence.
10. Prior to issuance of any grading or building
permits, a Nationai Pollutant Discharge
Elimination System (NPDES) permit shall be
obtained establishing discharge requirements for
water extracted during dewatering processes if the
process is necessary for project construction.
11. Suspended solids (sand) shall be separated from
extracted water to comply with specified standards
prior to disposal. Sand disposal shall be at a
location and by a method approved by the Santa Ana
Regional Water Quality Control Board and the City
of Newport Beach.
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Planning. Commission -4.
12. Provision shall be made, if necessary, for the
treatmen~ of hydrogen sulfide (H 2S) in groundwater
by Chlorination in order to comply with standards
specified by the Santa Ana Regional Water Quality
Control Board prior to disposal into Newport Bay
and to control odors emanating from dewatering
process.
13.
14.
15.
16.
17.
unreacted chlorine resulting from treatment of H S
shall be neutralized, if necessary, by metho~s
approved by the Santa Ana Regiona'l Water Quality
Control Board prior to disposal of water into
Newport Bay.
All onsite drainage shall be approved by the
Building Department.
Electric pump motors shall be required for any
dewatering equipment to reduce potential noise
levels and approved by the Building Department.
During construction noise producing equipment
shall be enclosed by barriers or baffled in a
manner established by a qualified acoustical
engineer to the satisfaction of the Planning and
Building Departments.
Prior to issuance of building and/or
g~ading/demolition permits, the P~anning
Department shall approve a signing construction
program for the proposed project.
18., An Army Corps of Engineers permit and a Harbor
permit shall be obtained prior to any alteration
of bulkheads.
19. Should barges be utilized for construction, a
Harbor permit shall be obtained.
20. Demolition and construction shall not be commenced
until after September 7, 1983, to avoid peak
seasonal traffic or shall be accomplished in a
manner satisfactory to the Planning and Building
Department's during the period April ~5, 1983 to
September 7, 1983.
21. In order to ascertain periods of greatest
potential impact from noise, vibration, and
congestion, the project applicant shaH submit a
detailed construction scheduled to the City of
Newport Beach, outlining the time frame for each
phase of construction prior to or at the time of
application for building permits. The
construction schedule shall be approved, by the
Planning and Building Departments.
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Planning Commission -5.
22. The relocation of public utilities shall be
coordinated with and approved by local utility
companies and public agencies as appropriate.
23. During any closure of adjoining streets which may
be required during the proposed construction
phases, alternative pedestrian circulation shall
be provided to the satisfaction of the City of
Newport Beach Planning and Public Works
Departments.
24. All activities that require full or partial street
closures, parking prohibition, heavy truck
traffic, large or heavy loads or similar
activities shall be approved by the Police
Department and City Traffic Engineer.
25. Trucks shall utilize Adams Street and Palm Street
for ingress and egress.
26. Closure of Palm Street shall be prohibited at any
time.
27. The building contractor shall examine existing
streets to ensure that trucks assigned to the
project can negotiate required turns and
demonstrate such to the satisfaction of the Public
Works and Building Departments.
28. If barges are utilized during the construction
period, prOVLSLons shall be made to provide
replacement on a one-for-one basis of any boat
slips displaced during the period of displacement
in a manner approved by the Planning Department.
29. Construction workers shall utilize public parking
lots at Palm Street and Main Street. The
applicant shall purchase parking permits in a
manner approved by the City. One space for each
construction worker on the site during the
construction period shall be purchased. At the
earliest possible date, which shall be established
by the Building Department, all construction
workers shall be required to park in" the parking
structure.
30. An engineer's report may be required by the City's
Building Department on the adequacy of the
existing bulkhead, including inspection and
evaluation -of all tie rods shall be prepared by
the applicant prior to the issuance of a grading
permit and approved by the Building and Marine
Safety Departments for the proposed project.
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Planning Commission -6.
31. The owner shail grant public access rights to the
City and enter into an agreement with the City to
keep the area from the bulkhead to the proposed
structure free from hindrances to public access
and to, repair and keep' the area in a good' and safe
condition, at their sole cost and expense.
32. The following disclosure statement of the City of
Newport Beach's policy regarding the John Wayne
Airport should be included in all leases or
sub-leases fo~ space in the project and should be
included in any Covenants Conditions, and
Restrictions which may be recorded against any
undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns, herein,
acknowledge that:
a.) The John Wayne Airport may not be able to provide
adequate air service for business establishments
which rely on such service;
b.) When an alternate air facility is available, a
complete phase out of jet service may occur at the
John Wayne Airport;
c.) The ~ity of Newport Beach will continue to oppose
additional commercial area service expansions at
the John Wayne Airport;
d.) Lessee, his heirs, successors and assigns, will
not actively oppose any action taken by the City
of Newport Beach to phase out or limit jet air
service at the John Wayne Airport.
33. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. (Prior to the occupancy of any
struc~ure, the licensed landscape architect shall
certi£y to the Planning Department that the
landscaping has been instaUed in accordance 'with
the prepared plan).
34. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
the public Works Department and approval of the
Planning Department.
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Planning Commission -7.
35. The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
36. The landscape plan shall place heavy emphasis on
the use of drought-resistant native vegetation and
be irrigated via a system designed to avoid
surface runoff and over-watering.
37. The landscape plan shall place heavy emphasis on
fire-retardant vegetation.
38. street trees shall be provided along the public
streets as required by the Public Works Department
and the Parks, Beaches and Recreation Department.
39. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be
regularly trimmed and kept in a healthy condition.
40. The landscaping plans adjacent to the parking
garage entrances shall be reviewed and approved by
the Public Works Department and the Department of
Parks, Beaches, and Recreation for sight distance
requirements.
41. The structure, shall retain a single design theme
(both interior and exterior). Signage shall be of
a similar design throughout the buildings, and
shall be approved by the Planning Director.
42. All mechanical equipment, vents,
equipment shall be shielded
architectural design.
and other service
or screened by
43. Mai.ntenance agreements shall be required for all
non-standard landscape improvements and materials.
and will be subject to approval by the Parks,
Beaches & Recreation, Planning, and Public Works
Departments.
44. The landscape plan shall be designed so as to be
visually cohesive with the character of the
Central Balboa area. Palm Street shall be planted
with palm trees. East Bay Avenue, Adams Street,
and Edgewater Place shall be landscaped with trees
in such a manner as to achieve a canopy effect
similar to Main Street in the Central Balboa area.
45. Street signs, tables, benches, planters, and other
similar features onsite or adjacent to the project
site sha,ll be designed with a common theme and
shall be approved by the Public Works; Parks
Beaches & Recreation; and Planning Departments.
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TO: Planning Commission -8.
46. Prior to issuance of any building· permits
authorized by the approval of this use permit, the
applicant shall deposit with the City Finance
·Director the sum proportional to the percentage
of future additional traffic related to the
project in the subject area, to be used for the
construction of a sound attenuation barrier on the
southerly side ·of West Coast Highway in the West
Newport Area.
47. That any roof top or other mechanical equipment
shall be sound attenuated to be no greater than 55
Dba at the property lines.
48. That any mechanical equipment and. emergency power
generators shall be screened from view and noise
associated with said shall be attenuated to
acceptable levels in ·receptor areas. The latter
shall be based upon the recommendations of a
qualified acoustical engineer, and be approved by
the Planning Department.
49. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may required automatic fire sprinkler
protection.
50. The Fire Department access to the site shall be
approved by the Fire Department.
51. That all buildings on the project site shall be
eqUipped with fire suppression systems approved by
the Fire Department.
52. The proposed project shall incorporate an internal
security system (i.e. security guards, alarms,
access limits after hours) that shall be reviewed
by the Police and Fire Department and approved by
the Planning Department.
53. That all access to the buildings be approved by
the Fire Department.
54.
55.
56.
That all on site fire protection (hyqrants and
Fire Department connections) shall be approved by
the Fire and Public Works Departments.
Fire vehicle acce~s shall be approved by the Fire
Department for an public rights-of-way and
easements improved by the applicant.
All work on thj'l site shall be done' in accordance
with City Council Policy K-5 and K-6.
Verification of said work shall be provided to the
Building and Planning Departments.'
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Planning Commission -9.
57. No additional restaurant facilities shall be
permitted on-site without the approval of an
amendment to this use permit. Furthermore, the
approved restaurant uses shall not expand their
operations onto the third level observation deck
without the approval of an amendment to this
application.
58. That a minimum of one parking space per 40 sq. ft.
of "net public area" shall be provided for the
proposed restaurant facility and the cafe/lounge.
59. That the second floor restaurant facility shall
not be open for business prior to 5:00 p.m.,
Monday through Friday.
60. That kitchen exhaust fans in the restaurant uses
shall be designed to controi odors and smoke in
accordance with Rule 50 of the South Coast Air
Quality Management District.
61. That a washout area for the restaurant trash
containers be provided in such a way as to insure
dire9t drainage into the sewer system and not into
the Bay or the storm drains.
62. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code.
63. A cleanup program (weekly during the winter and
daily during the summer) around the docks and
public walks shall be conducted. During
construction devices shall be installed to prevent
waste from entering Newport Bay in a manner
approved by the Building Department.
64. The ,final design of onsite vehicular and
pedestrian circulation shall be reviewed and
approved by the Public Works and Planning
Departments prior to issuance of a grading permit.
65. should the conditions of approval of this project
reduce the number of required onsite offstreet
parking spaces the space-o-matic parking spaces
shall be eliminated first.
66. Valets and/or attendants shall be provided at all
times the project is in use.
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TO: Planning Commission -10.
67. The applicant shall. provide for marina parking
requirements.
68. The parking garage shall be designed, to
accommodate short-term parking spaces to! the
sat;sfaction of the City Traffic Engineer and the
Planning Department.
69. That the. applicants shall provide' free empJ;oyee
parking in the structure in a manner approved by , , the Planning Department. !
70. The parking program, shall be designed so as ~o be
apart of any lease agreement and lessee shall not
be required to buy validation on ah 6ptipnal
basis.
71. The applicant shall compensate the City of Ne~ort
Beach for loss of revenues and for anyon-street
parking space lost in excess of gain by protlect
implementation. Said compensation Shall be based
upon the cost of replacing (in the Central Ba~a
Area) any lost spaces and revenues as determined
by the City. The compensation sha.ll not include
parking spaces lost in providing reasonable access
to the property as determined by the City's ~lic
Works and Planning Departments:
72. The design of all parking levels shall be subject
to further review and approval of the City Traffic
Engineer.
73. Valets shall be required from one hour before to
one hour after normal business hours of all
building tenants.
74. Access to tandem and space-o-matic spaces shall be
controlled during any hour when valets are not
present.
75. Space-o-matic devices shall not encroach into
required stall sizes.
76. Nighttime lighting shall be limited to that which
is customary for normal business operations and
consistent with the proposed project design and
architectural style. Outlining of the proposed
structure, shall be permitted in a manner
consistent with that of the ,Pavilion. The
outlining, if accomplished, shall use smaller and
dimmer bulbs than the· Pavilion. Said lighting
plans shall be approved by the Planning Director.
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TO: Planning Commission -11.
77. Fugitive dust emissions d~ring demolition and
construction shall be minimized by watering the
site for dust control, containing excavated soil
onsite until it is hauled away, and periodically
washing adjacent streets to remove accumulated
materials.
78. Heating and cooling systems shall be designed to
take advantage of the natural site orientation and
existing natural ventilation patterns to the
maximum degree practical.
79. Prior to occupancy of the building, the applicant
shall provide written verification from Orange
County Sanitation District No. 5 that adequate
sewer capacity is available to serve the project.
80. Twenty-four-hour security shall be required on the
project site as approved by the City of Newport
Beach Police Department and Planning Department.
81. Special paving treatment common to the project
shall be provided for the public sidewalk areas on
Palm Avenue and East Bay Avenue, and from the
proposed building line to the Bulkhead line and
for all of Adams Street in a manner acceptable to
the Public Works and Planning Departments.
82. That any tables in the pedestrian easement area,
be for general public use and that no food or
beverages be served to customers at the tables by
adjoining restaurants.
83. That during the construction period, a minimum 12
foot wide surface pedestrian way be maintained
along the bay on weekends and holidays between
April 1 and June IS, and September 15 and October
15; 'and that the 12 foot pedestrian way be
maintained at all times between June 15 and
September 15.
84. Handicapped parking shall be provided in a manner
and quantity approved by the City Traffic
Engineer. The handicapped parking shall be
designed so as to be conveniently located near
elevators in the parking area.
85. The applicant shall enter into an agreement and
post a bond guaranteeing the repair of all damage
to the public street system and/or utilities that
might be caused by the construction process.
TO:
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Planning Commission -12.
86. The applicant shall enter into an agreement and
provide a policy of insurance guaranteeing the
repair of all damage to private property, business.
interruption, or other damage caused by the
construction process. Said bonds shall be based
upon conditions of approval of this project and
studies required, thereby ~d shall be approved by
the City's Bliilding Department, Public Works
Department, City Attomey's Office and Finance
Department.
87. Prior to the issuance of any building, grading
and/or demolition permits for the project the
applicant shall agree ,to make such minor changes
to the project as maybe c~used by ,revisions to the
Central Balboa ar~a overall circulation system.
The agreement shall be subject to the approval of
the City Attorney's Office and Planning
Department.
88. The applicant shall deposit $5,490.60 for a
feasibility study of a tram shuttle. The
applicant shall also agree to participate in the
implementation of a tram shuttle system, shOUld it
occur, on a pro rata basis, based on square
footage equal to other merchants in the area.
89. That a minimum 15-foot clear area be maintained
within the easement area that will exist from the
proposed building line to the bulkhead line. The
exact location and design of said area shall be
subject to the approval of th~ Planning
Department, Public Works Department, and Parks,
Beaches and Recreation Department.
90. That a minim\l!n 35 foot wide surface easement be
granted to the City for pedestrian use along the
Bay side of the property consistent with the
requirements of Condition No. 29 on Resubdivision
No. 739.
91. The developer shall contribute 50% of the cost of
the traffic signal at the Balboa Boulevard and
Paim Avenue intersection prior to the issuance of
any building permits.
92. The applicant shall demonstrate to ;the
satisfaction of the City Traffic Engineer the
availability of compact size space-o-matics prior
to the issuance of any grading or building
permits.
93. That the proposed decorative cupola shall be open
in design atop the project and not exceed
thirty-nine feet, six inches (39'6"), height
measured from grade. The flag pole shall not
exceed forty-five feet (45') above grade.
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Planning Commi.ssion ·13.
RESUBDIVISION NO. 739
FINDINGS:
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1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Coa;e, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents nd
problems from a planning standpoint.
3. That the design of the subdivision or the proposed
improvements will not conflict with any easements,
acquired by the public at large, for access
through or use of property within the proposed
subdivisidn.
4. That the grades established by the map for
measuring building heights are re~sonable; in
keeping with adjacent properties and public
safety; and the intent of the height limitation
ordinance.
CONDITIONS:
1. That ,a parcel map be filed.
2. That all improvements be constructed as required
by ordinance and the Public Works Departme~t.
3. That a subdivision agreement and accompanying
surety be provided to guarantee satisfactory
completion of the public improvements if it is
desired to record the parcel map or obtain a
building permit prior to completion of the public
improvements.
4. That all work within the public right-of-way be
completed under an encroachment permit issued by
the Public Works Department.
5. That the on-site parking circulation and
pedestrian circulation systems be subject to
further review by the Traffic Engineer.
6. That a storm drain inlet at the Adams Street
street-el).d be constructed and that a valve be
installed in the storm drain line unless otherwise
'approved by the Public Works Department.
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Plahning Commission -14.
7. That the intersection of the private drives with
the public streets, be designed to provide sight
distance for a speed of 25 miles' per hours.
Slopes, landscaping, walls and other obstruction
shall be considered in the sight distance
requirements. Landscaping within the sight
distance line shall not exceed twenty-four inches
in height. The sight distance requirement may be
modified at non':critical locations, subject to
approval of the Traffic Engineer.
8. That 'a corner cutoff, acceptable to the Public
Works Department, at the corner of Adams Street
and East Bay Avenue be'dedicated to the public for
pedestrian purposes.
9. That street, drainage and utility improvements be
shown on standard improvement plans prepared by a
licensed civil engineer.
10 • That a study of existing public water, sewer and
storm drain facilities available to the site be
made by the development prior to recording th~
parcel map, to determine their capacities. Any
upgrading modifications or extensions to the
existing storm drain, water and sewer systems
shown to be required shall be the responsibility
of the developer. All work on the public sewer,
water, and storm drain systems shall be completed
or bonded for prior to issuance of any building
permits.
11. That a condition survey of the existing bulkhead
along the bay side of the property be made by a
civil or structural engineer and that the bulkhead
be repaired in conformance with the
recommendations of the condition survey and to the
satisfaction of the Building and Marine
Departments and that the existing bulkheads be
raised to elevation 9,.D (L.L.W).
12. That the eXisting deteriorated street lights along
the property frontages be replaced with new street
lights as approved by the Public Works Department
and Utilities Department unless otherwise approved
high pressure sodium-vapor lumanars with multiple
a wiring system shall be provided.
13. That all landscaping and non-standard paving
surfaces within the public right-of-way and
pedestrian easement be approved by the Public
Works Department and that a license agreement be
provided for maintenance of the non-standard
improvements.
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Planning Commission -15.
14. .That the existing curb returns at the corner of
East Bay Avenue and Adams Street be reconstructed
with an access ramp.
15. That the existing deteriorated concrete sidewalk
and curb along the Palm Street, East Bay Avenue
and Adams Street frontages be reconstructed and
that any unused driveway aprons be removed and
replaced with curb and sidewalk.
16. That the existing overhead utilities along the
Adams Street, the alley and Palm Street frontages
shall be undergrounded.
17. That siaewalk width of 9' -6" on Palm Street, be
maintained and that a 1'-6" easement for
.pedestrian purposes be granted to the City.
18. That an eight foot wide sidewalk be constructed on
Bay Street and that the required additional
right-of-way be dedicated to the City for
pedestrian purposes.
19. That there be no permanent underground structural
encroachments into the public right-of-way w~thout
the approval of an Encroachment Permit and that
any temporarY encroachments be subject to the
approval of the Public Works Department.
20. That applicant repair or replace (as determined by
Utilities Department and Public Words Departments)
any utility damaged through subsidence or any
other construction activity related to the
proposed development.
21. That during the construction period, a minimum 12
foot wide surface pedestrian way be maintained
along the bay on weekends and holidays between
April 1 and June 15 apd september 15 and October
15; and that the 12 .foot pedestrian way be
maintained at all times between June 15 and
September 15.
22. During any closure of adjoining streets which may
be required during the proposed construction
phases, alternative pedestrian circulation shall
be provided to the satisfaction of the City of
Newport . Beach Planning and Public Works
Departments.
TO:
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Planning Commission -16.
23. All activities that require full or partial street
closures, parking prohibition, heavy truck traffic, large or heavy loads or similar activities shall be approved by the Police
Department and City Traffic Engine~r.
24. Closure of Palm street shall be prohibited at any
time.
25. The' owner shall grant public access rights to the
City and enter into an agreement with the City to
keep the area from the bulkhead to the propc;>sed
structure free from hindrances to public access
and to repair and keep the area in good and safe
condition at their sole cost and expense.
26. The applicant shall enter into an agreement and
post a bond guaranteeing the repair of ail damage
to the public street system and/or utilities that
might be caused by the ,construction process.
27. That a minimum l5-foot clear area be maintained
within the easement area that will exist from the
proposed building line to the bulkhead line. The
exact location and design of said area shall be
subject to the approval of the Planning
Department, Public Works Department, and Parks,
Beaches and Recreation Department.
28. That a traffic signal be installed at the
intersection of East Balboa Boulevard and Palm
Street prior to occupancy. If other developments
are required to construct this signal, up to 50%
of the cost may be reimbursed by those
developments.
29. That the existing 10 foot wide alley between Adams
Street and Palm Street be abandoned prior' to
issuance of a Building Permit and that an ingress,
egress agreement to be provided between adjacent
property owners fronting the existing alley and
that the private alley have a minimum width of 20
feet.
30. That natural grade for purposes of establishing
building heights be set at 6.50 M.S.L. (9.23
MLLW) •
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31. That a title report be obtained to ascertain the
statu!! of· title to Edgewater Place. If it is
determined that the applicant and landowner has
the underlying fee interest, then an easement for
pedestrian and public utilities purposes shall be
granted to the City over and under Edgewater Place
estimated to be 34.8± feet wide and across the
frontage of Parcell. If Edgewater Place is
determined to be under public domain then the
applicant/landowner shall quit claim to the City
any rights they might have to Edgewater Place or
other portions of the property shown to be public.
TO:
FROM:
SUBJECT:
OWNERS:
LOCATION:
ATTACHMENT D -3/14483
P,lanning Connnission Meeting,-_:.F.::eb::;:.ru=a:.ryl...-2::.4~~ ..,;1:;;9::;8::;3::..-
l\genda Items NO. ___ -..::5:....,:&:....;:6 ___ _
CITY OF NEWPORT BEACH
Planning Commission
Planning Department
Use Permit No. 3018 (Continued Public Hearing)
Request to permit the construction of a combined retail
connnercial/office building, and a related parking
structure with offices, which exceed the basic height
limit in the 26/35 Foot Height Limitation District and
includes an architectural feature that exceeds 35 feet
in height. The proposal also includes a request to
establish a cafe/lounge facility, a niglittime only
restaurant, and an office area in excess of 5,000
sq. ft. on property located in the C-l District in the
Central Balboa Specific Plan Area where a specific plan
has not been adopted. The request also includes
modifications to the Zoning Code so as to allow the use
of parking spaces that are not independently accessible
and compact parking spaces for a portion of the
required off-street parking in conjunction with a full
time valet parking service, -and the acceptance-of an
environmental document.
Rolland Vallely Family Trust, Balboa; and Balboa
Bayview Development, Inc., Balboa
AND
Resubdivision No. 739 (Continued Public Hearing)
Request to establish one parcel of land for retail
connnercial and restaurant development, one parcel of
land for a private vehicular and pedestrian access, and
one parcel of land for office and parking uses, where
seven lots and portions of two lots, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated presently exist. The proposal
also includes a request to establish grades for the
purpose of measuring the heights of proposed buildings.
Lots 1,2,3,7,8,9,10, and portions of Lots 4 and 11,
Block 3 of the Balboa Bayside Tract, a portion of
Edgewater Place and a portion of a public alley
proposed to -be vacated, located at 309 Palm Street, on
the westerly side of Palm Street between East Bay
Avenue and Newport Bay in Central Balboa.
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ZONE:
APPLICANT:
OWNERS:
ENGINEER:
Background
Planning Commission -2.
C-l
Balboa Bayview Development, Inc., Balboa
Rolland Vallely Family Trust, Balboa; Balboa Bayview
Development, Inc.,. Balboa; Mike Fazzi, Balboa; and
Donald Franklin and James Ray, Corona del Mar.
UMA/RGB Engineering, Inc., Irvine
At the February 10; 1983, Planning Commission meeting, the Commission
opened the public hearing, took testimony from the applicant and
continued the hearing to the meeting of February 24, 1983. The
purpose of the continuance was to allow time for the applicant to
discuss his project w~th the homeowners' and business associations in
the area. It would be greatly appreciated if the Commission could
bring their copies of the February 10, 1983 staff report and
attachments to the continued public hearing.
Revised Exhibit "A"
Staff has prepared a Revised Exhibit "A" (attached) to incorporate
mitigation measures of the Initial Study which were inadvertently left
off the origina:j. exhibit. Additionally, staff has provided
clarification on several other suggested conditions of approval.
Suggested Action
Staff recommends approval of the proposed project with the Findings
and subject to the Conditions indicated in Exhibit "A" (Revised).
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
>Y"L~ Fred Talarico, .
Environmental Coordinator
FT:tn
Attachment: Exhibit "A" (Revised)
TO: Planning Commission -3.
EXHIBIT "A" (Revised)
FINDINGS AND CONDITIONS FOR APPROVAL
USE PERMIT NO. 3018 and RESUBDIVISION 739
AS RECOMMENDED TO THE PLANNING COMMISSION
USE PERMIT ,NO. 3018
FINDINGS;
February 24, 1983
1. That an Initial Study and Negative Declaration
have been prepared' in compliance with the
California Environmental Quality Act, and that
their contents have been considered in the
decisions on this project.
2. That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigation measures to reduce
potentially significant environmental effects, and
that the project will not result in significant
environmental impacts.
3. That the proposed development is consistent with
the General Plan; the Land Use Plan of the Local
Coastal Program as conditionally certified by the
Coastal Commission. and accepted by the City
Council; and is compatible with, surrounding land
uses.
4. The proposed use of not independently accessible
and compact car spaces will not, under the
circumstances of this particular case, be
detrimental to the health, safety, peace, comfort,
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City and further that the is
consistent with the legislative intent of Title 20
of this Code.
5. The approval of Use Permit No. 3018 will not,
under the circumstances of this case be
detrimental to the health, safety, peace, morals,
comfort and general .welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
6. The increased building height will result in more
public visual open space and views than is
required by the basic height limit.
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TO: ,Planning Commission -4.
7. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than could be provided with
in the basic height limit,
8. The increased building height will not result in
undesirable or abrupt scale relationships being
created between the structure and existing
developments or public spaces.
9. The structure will have no more floor area than
could have 'been achieved without the use permit.
10. That the proposed project including the office
port.i,on thereof is in keeping with the desired
character of the specific plan area as identified
in the General Plan.
11. That the proposed project is consistent with the
General Plan policies.
12. , That the proposed use will not preclude the
attainment of the Specific Area Plan objectives
stated in the Land Use Element 6f the General
Plan.
CONDITIONS:
1.
2.
3.
4.
5.
That all development shall be in substantial
conforntance with the approved plot plan, floor
plans, elevations and sections except as noted
below.
That all applicable conditions of Resubdivision
No. 739 shall be fulfilled.
Development of site shall be subject to a grading
permit to be approved by the Building and Planning
Departments.
The grading plan shall include a complete plan for
temporary and permanent drainage facilities, to
minimize any potential impacts from silt, debris,
and other water pollutants.
The grading permit shall include, a description of
haul routes, access points to the site, and
watering and sweeping programs designed to
minimize impact of haul operations on the public
streets system. The routes and cleaning program
shall be approved by the FuQlic Works Department.
TO: Planning Commission -5.
6. An erosion, siltation and dust' control plan, if
required shall be submitted and,be subject to the
approval of the, Building Department and a copy
will be forwarded to the California Regional Water
Quality Control Board Santa Ana Region.
7. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soils engineer and an
engineering geologist based upon the completion of
a'comprehensive soil and geologic investigation of
the site. This shall establish parameter of
design for the pro~osed structure and also 'provide
recommendations for grading. Permanent
l;'eproducihle copies of ,the '''Approved as Built"
grading plans on standard size sheets shall be
furnished to the Building Department.
8. Prior to the issuance of building permits the City
may reqUire the applicant to provide documentation
of existing structural conditions in the vicinity
of the proposed project and the estimated extent
and impact of subsidence on surroUnding
structures, utilities and other improvements, to
the satisfaction of the Building and Safety,
PUblic Works and Planning Departments of the City
of Newport Beach.
9. If required by the City, during excavation and
throughout dewatering of the project site, the
applicant shall monitor the extent of subsidence
and its associated impacts through placement of
appropriate testing devices under the s~pervision
and surveillance of a qualified soils engineer.
The City shall be kept informed in a manner
approved by the Building Department & PUblic Works
Department regarding any structural impacts on
adjacent properties and other improvements and if
necessary, construction processes shall be
modified to eliminate such impacts and the
applicant shall repair any improvements damaged by
subsidence.
10. Prior to issuance of any grading or building
permits, a National Pollutant Discharge
Elimination System (NPDES) permit Shall be
obtained establishing discharge requirements for
water extracted during dewatering processes if the
process is necessary for project construction.
11. Suspended solids (sand) shall be separated from
extracted water to comply with specified standards
prior to dispol?al.Sand disposal shall be at a
location and, by a method approved by the Santa Ana
Regional Water Quality Control Board and the City
,of Newport Beach.
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TO: Planning Commission -6.
12.
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15.
16.
17.
18.
·Provision shall be made, if necessary, for the
treatment of hydrogen sulfide (H 2S) in groundwater
by Chlorination in order to comply with standards
specified by the Santa Ana Regional Water Quality
Control Board prior to disposal into Newport Bay
and to control odors emanating from dewatering
process.
Unreacted chlorine resulting from treatment of H S
shall be neutralized, if necessary, by metho~s
approved by the Santa Ana Regional W<\ter Quality
Control Board prior to disposal of water into
Newport Bay.
All onsite drainage shall be approved by the
Building Department.
Electric pump motors shall be required for any
dewatering equipment to reduce potential noise
levels and approved by the Building Department.
During construction, noise producing equipment
shall be enclosed by barriers or baffled in a
manner established by a qualified acoustical
engineer to the satisfaction of the Planning and
Building Departments.
Prior to issuance of building and/or
gr<\ding/demolition permits, the Planning
Department shall approve a signing construction
program for the proposed project.
An Army ~orps of Engineers permit and a Harbor
permit shall be obtained prior to any alteration
of bulkheads.
19. Should barges be utilized for construction, a
Harbor permit shall be obtained.
20. Demolition and construction shall not be commenced
until after September 7, 1983, to avoid peak
seasonal traffic or shall be accomplished in a
manner satisfactory to the Planning and Building
Department I s during the period April 15, 1983 to
September 7, 1983.
21. In order to ascertain periods of greatest
potential impact from noise, vibration, and
congestiQll, the project applicant shall submit a
detailed construction schedule to the City of
Newport Beach, outlining the time frame for each
phase of construction prior to or at the time of
application for building permits. The
construction schedule shall be approved by the
Planning and Building Departments.
TO: Planning Commission -7.
22. The relocation of public utilities shall be
coordinated with and approved by local utility
companies and public agencies as appropriate.
23. During any closure of adjoining streets which may
be ,required during the proposed construction
phases, alternative pedestrian circulation shall
be provided to the satisfaction of the City of
Newport Beach Planning and Public Works
Departments.
24. All activities that require full or partial street
closures, parking prohibition, heavy truck
traffic, large or heavy loads or similar
activities shall be approved by the Police
Department and City Traffic Engineer.
25. Trpcks shall ,utilize Adams street and Palm Street
for ingress and egress.
26. Closure of Palm Street shall be prohibited at any
time.
27. The building contractor shall examine existing:
streets to ensure that trucks assigned to the
project can negotiate required turns and
demonstrate such to the satisfaction of the Public
Works and Building Departments.
28. If barges are utilized during the construction
period, provisions shall be made to provide
replacement on a one-for-one basis of any boat
slips displaced during the period of displacement
in a manner approved by the Planning Department.
29. Construction workers shall uti1ize public parking
lots at Palm Street and Main Street. The
applicant shall purchase parking permits in a
manner approved by the City. One space for each
construction worker on the site during the
construction period shall be purchased. At the
earliest possible date, which shall be establishe~
by the Building Department, all construction
workers shall be required to park in the parking
structure.
30. An engineer's report may be required by the City's
Building Department on the adequacy ,of the
existing bulkhead, including inspection and,
evaluation of all tie rods shall be prepared by
the applicant prior to the issuance of a grading
permit and approved by the Building and Marine
Safety Departments for the proposed project.
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TO: Planning Commission -8.
31. The owner shall grant public access rights to the
City and enter into an agreement with the City to
keep the area from the bulkhead to the proposed
structure free from hindrances to public access
and to repair and keep the area in a good and safe
condition at their sole cost and expense.
32. The following disclosure statement of the City of
Newport Beach's policy regarding the John Wayne
~irport should be included in all leases or
sub-leases for space in the project and should be
included in any Covenants Conditions, and
Restrictions which may be recorded against any
undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns, herein,
acknowledge that:
a.) The John Wayne Airport may not be able to provide
adequate air service for business establishments
which rely on such service;
b.) When an alternate air facility is available, a
complete phase out of jet service may occur at the
John Wayne Airport;
c.) The City of Newport Beach will continue to oppose
additional commercial area service expansions at
the John Wayne Airport;
d.) Lessee, his heirs, successors and assigns, will
not actively oppose any action taken by the City
of Newport Beach to phase out or limit jet air
service at the John Wayne Airport.
33. 1\ landscape and irrigation plan for the project
shall be prepared by a licensed -landscape
architect. (Prior to the occupancy of any
structure, the licensed landscape architect shall
certify to the Planning Department that the
landscaping has been installed in accordance with
the prepare~ plan).
34. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department,
the Public Works Department and approval of the
Planning Department.
~ ___________________ ~ ____ ~ ________ ~ ____ ~ __ 1-________________________________________________ ~
TO: Planning Commission -9.
35. The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
36. The landscape plan shall place heavy emphasis on
the use of drought-resistant native vegetation and
be irrigated via a system designed to avoid
surface runoff and over-watering.
37.
38.
39.
40.
41.
42.
43.
44.
45.
The landscape plan shall place heavy emphasis on
fire-retardant vegetat;on.
street trees shall be provided along the public
streets as required by the Public Works Department
and the Parks, Beaches and Recreation Department.
Landscaping shall ,be regularly maintained free of
weeds and debris. All vegetation shall be
regularly trimmed and kept in a healthy condition.
The landscaping plans adjacent to the parking
garage entrances shall be reviewed and approved by
the Public Works Department and the Department of
Parks, Beaches, and Recreation for sight distance
requirements. .
The structure, shall retain a single design theme
(both interior and ,exterior). Signage shall be of
a similar design throughout the buildings, and
shall be approved by the Planning Director.
All mechanical equipment, vents,
equipment shall be shielded
architectural design.
and other service
or screened hy
Maintenance agreements' 'shall be required for all
non-standard landscape il.mpl;'ovements and materials
and will be subject to approval by the parks,
Beaches & Recreation, Planning, and Public Works
Departments.
The landscape plan shall be designed so as to be
visually cohesive with the character of the
Central Balboa area. Palm Street shall be planted
with palm trees. East Bay Avenue, Adams street,
and Edgewater Place shall be landscaped with trees
in such a manner as to achieve a canopy effect
similar to Main Street in the Central Balboa area.
Street signs, tables, benches, planters, and other
similar features onsite or adjacent to the project
site shall be designed with a common theme and,
shall be approved by the Public Works; Parks
Beaches & Recreation; and Planning Departmehts.
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TO: Planning Commission -10.
46. Prior' to issuance of any building permits
authorized by the approval of this use permit, the
applicant shall deposit with the City Finance
Director the :;;UIn proportional to the percentage
of future additional traffic related to the
project in the subject area, to be used for the
construction of a sound attenuation barrier on the
southerly side of West Coast Highway in the West
Newport Area.
47. That any roof top or other mechanical equipment
shall be sound attenuated to be no greater than 55'
Dba at the property lines.
48. That any mechanical equipment and emergency power
generators shall be screened from view and noise
associated with said, shall be attenuated to
acceptable levels in receptor areas. The latter
shall be based upon the recommen~ations ,of a
qualified acoustical engineer, and be approved by
the Planning Department.
49. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may required automatic fire sprinkler
protection.
50. The Fire Department access to the site shall be
approved by the Fire Department.
51. That all buildings on the project site shall be
equipped with fire suppression systems approved by
the Fire Department.
52. The proposed project shall incorporate an internal
security system (i.e. security guards, alarms,
access limits after hours) that shall be reviewed
by the Police and Fire Department and approved by
the Planning Department.
53. That all access to the buildings be approved by
the Fire Department.
54. That all on site fire protection (hydrants and
Fire Department connections) shall be approved by
the Fire and Public Works Departments.
55. Fire vehicle access shall be approved by the Fire
Department for all public rights-of-way and
easements improved by the applicant.
56. All work on the site shall be done in accordance
with City Council policy K-5 and K-6.
Verification of said work shall be provided to the
Building and Planning Departments.
TO: Planning Commission -11.
57. No additional restaurant facilities shall be
permitted on-site without the approval of an
amendment to this use permit. Furthermore, the
approved restaurant uses shall not expand their
operations onto the third level observation deck
without the approval of an amendment to this
application.
58. That a minimum of one parking space per 40 sq. ft.
of "net public area" shall be provided for the
proposed restaurant facility and the cafe/lounge.
59. That the second floor restaurant t:acility shall
not be open for business prior to 5: 00 p.m.,
Monday through Friday.
60. That kitchen exhaust fans in the restaurant uses
shall be designed to control odors and smoke in
accordance with Rule 50 of the South Coast Air
Quality Management District.
61. That a washout area for the restaurant trash
containers be provided in such a way as to insure
direct drainage into the sewer system and not into
the Bay or the storm drains.
62. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be ·introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code.
63. A ·cleanup program (weekly during the winter and
daily during the summer) around the docks and
public walks shall be conducted. During
construction devices shall be installed to prevent
waste from entering Newport Bay in a manner
approved by the Building Department.
64. The final design of onsite vehicular and
pedestrian circulation shall be reviewed and
approved by the Public Works and Planning
Departments prior to issuance of a grading permit.
65. Should the conditions of approval of this project
reduce the number of required onsite offstreet
parking spaces thll space-o-matic parking spaces
shall be eliminated first.
66. Valets and/or attendants shall be provided at all
times the project is in use.
67. The applicant shall provide for marina parking
requirements.
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TO: Planning Commission -12.
68. The parking garage s4all be designed to
accommodate short-term parking spaces to the
satisfaction of the City Traffic Engineer and the
Planning Department.
69. That the applicants shall provide free employee
parking in the structure in a manner approved by
the Planning Department.
70. The parking program, shall be designed so as to be
a part of any lease agreement and lessee shall not
be required to buy validation on an optional
basis.
71. The applicant shall compen<;ate the City of Newport
Beach for loss of revenues and for anyon-street
parking space lost in excess of gain by project
implementation. Said compensation shall be based·
upon the cost of replacing (in the Central Balboa
Area) any lost spaces and revenues as determined
by the City. The compensation shall not include
par~ing spaces lost in providing reasonable access
to the property as determined by the City's Public
Works and Planning Departments.
72. The design of all parking levels shall be subject
to further review and approval of the City Traffic
Engineer.
73. Valets shall be required from one hour before to
one hour after normal business hours of all
building tenants.
74. Access to tandem and space-o-matic spaces shall be
controlled at all times.
75. Space-o-matic devices shall not encroach into
required stall sizes.
76. Nighttime lighting shall be limited to that which
is customary for normal business operations and
qonsistent with the proposed project design and
architectural style •. outlining of the proposed
structure, shall be permitted in a manner
consistent with that of the Pavilion. The
outlining, if accomplished, shall use smaller and
dimmer bulbs than the Pavilion. Said lighting
plans shall be approved by the Planning Director.
77. Fugitive dust emissions during demolition and
construction shall be minimized by watering the
site for dust control, containing excavated soil
onsite until it is hauled away, and periodically
washing adjacent streets to remove accumulated
materials.
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TO: Planning Commission -13.
78. Heating and cooling systems shall be designed to
take advantage of the natural site orientation and
eXisting natural ventilation patterns to the
maximum degree practical.
79. Prior to occupancy of the building, the applicant
shall provide written verification from Orange
County Sanitation District No. 5 that adequate
sewer capacity is, available to serve the project.
80. Twenty-four-hour security shall be required on the
project site as approved by the City of Newport
Beach Police Department and Planning Department.
81. Special paving treatment common to the project
shall be provided for the public sidewalk areas on
Palm Avenue and East Bay Avenue, and from the
proposed bUilding line to the Bulkhead line and
for all of Adams Street in a manner acceptable to
the Public Works and Planning Departments.
82. That any tables in the pedestrian easement area,
be for general public use and that no food or
beverages be served to customers at the tables by
adjoining restaurants.
83. That during the construction period, a minimum 12
foot wide surface :pedestrian way be maintained
along the bay on' weekends '1nd holidays between
April 1 and June 15 and September 15 and, October
15; and that the 12 foot pedestrian way be
maintained at all times between June 15 and
september 15.
84. Handicapped parking shall be provided in a manner
and quantity approved by the City Traf,fic
Engineer. The handicapped parking shall be
designed so as to be conveniently located near
elevators in the parking area.
85. The applicant shall enter into an agreement and
post a bond guaranteeing the repair of all damage
to the public street system and/or utilities that
might be ,caused by the construction process.
86. The applicant shall ellter into an agreement and
provide a policy of insurance guaranteeing the
repair of all damage to :private property, business
interruption, or other damage caused by the
construction process. Said bonds shall be based
upon conditions of approval of this project and
studies required thereby and shall be approved by
the City's Building Department, Public Works
Department, ,City Attorney's Office and ~inance
Department.
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TO: Planning Commission -14.
87. Prior to the issuance of any building, grading
and/or demolition permits for the project the
applicant shall agree to make such minor changes
to the project as maybe caused by revisions to the
Central Balboa area overall circulation system.
The agreement shall be subject to the approval of
the City Attorney's Office and Planning
Department.
88. The applicant shall deposit $5,490.60 for a
feasibility study of a tram shuttle. The
applicant shall also agree to participate in the
implementation of a tram shuttle system, should it
occur, on a pro rata basis, based on square
footage equal to other merchants in the area.
89. That a minimum l5-foot clear area be maintained
within the easement area that will exist from the
proposed building line to the bulkhead line. The
exact location and design of said area shall be
subject to the approval of, the Planning
Department, Public Works Department, and Parks,
Beaches and Recreation Department.
90. That a minimum 35 foot wide surface easement be
granted to the City for pedestrian use along the
Bay side of the property consistent with the
requirements of Condition No. 29 on Resubdivision
No. 739'.
91. The developer shall contribute 50% of the cost of
the tr<;>.ffic signal at the East Balboa Boulevard
and Palm Street intersection prior to the issuance
of any building permits.
92. The applicant shall demonstrate to the
satisfaction of the City Traffic Engineer the
availability of compact size space-o-matics prior
to the issuance of any grading or building
permits.
93. That the proposed decorative cupola shall be open
in design atop the project and not exceed
thirty-nine feet, six inches (39'6"), height
measured from grade. The flag pole shall not
exceed forty-five feet (45') above grade.
94. Prior to issuance of the grading/demolition and
building ,permits the Planning Department shall
approve a signing program for the proposed
project. '
95. Signing for the project shall be approved by the
City Traffic Engineer.
TO: Planning commission -15.
,96. During ,all phases of construction, noise producing
equipment shall be enclosed by barriers or baffled
in a manner established by a qualified acoustical
engineer to the satisfaction of the Planning and
Building Departments.
97. If required, a system of barriers and overhead
protection shall be provided during demolition
processes in order to prevent debris from falling
into adjacent streets and Newport Bay to the
satisfaction of !=he BuHding and Marine Safety
Depaz:tments.
98. The building contractor shall examine existing
streets to ensure that trucks assigned to the
project can negotiate required turns and
demonstrate such to the satisfaction of the Public
Works and Building Departments.
99. Any construction on the site shall be done in
accordance with the permitted height ,restriction.
This shall apply to any landscape materials,
signs, flags, etc. as well as structures, except
as may be modified by the approval of this
application.
100. The applicant shall cooperate with the City
Traffic Engineer and Public Works Department to
determine the potentia'l necessity for left-turn
facilities on East Balboa Boulevard at Adams
Street or at Palm Street.
101. The driveway surfaces ,in the parking structure
shall receive appropriate treatment to minimize or
eliminate tire noise, and speed control within the
structure shall be observed by parking attendants
to further mitigate any potential noise associated
with parking activities.
102. Final design of the project shall provide for the
incorporation of water-saving devices for project
lavatories and other water-using facilities.
103. Final design of the project shall provide for the
sorting and collection of recyclable material from
other solid waste. Prior to occupancy of the
buildings, the program for sorting recyclable
material shall be developed and approved by the
Planning Department.
104. Final' design of the project sh,!ll provide for
adequate security lighting in public areas and the
parking structure.
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TO: Pla~ning Commission ~16.
lOS. The project lighting system shall be designed and
maintained in such a manner so as to conceal the
light source and to minimize light spillage and
glare to the adjacent area. The plans shall be
prepared and signed by a licensed electrical
engineer, with a letter from the engineer stating
that, in his 'opinion, this requirement has been
met.
RESUBDIVISION NO. 739
FINDINGS:
1.
2.
3.
4.
That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City" all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
That the proposed resubdivision presents no
problems from a planning standpoint.
That the design of the subdivision or the proposed
improvements will not conflict with any easements,
acquired by the public at large, for access
through or use of property wi thin the proposed
subdivision.
That the grades established by the map for
measuring building heights are reasonable; in
keeping with adjacent properties and public
saf~ty; and the intent of the height limitation
ordinance.
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That a subdivision agreement and accompanying
surety be provided to guarantee satisfactory
completion of the public improvements if it is
desired to record the parcel map or obtain a
building permit prior to completion of the public
improvements.
4. That all work withih the public right-of-way be
completed under an encroachment p<;!rmit issued by
the Public Works Department.
S. Tha,t the on-site parking circulation and
pedestrian circulation systems be subject to
further review by the Traffic Engineer.
TO: Planning Commission -17.
6. That a storm drain inlet at the Adams Street
street-end be constructed and that a valve be
installed in the storm drain line unless otherw~se
approved ,by the 'Public works Department.
7. That the intersection of the private drives with
the public streets be designed to provide sight
distance for a speed of 25 miles per hours.
Slopes, landscaping, walls and other obstruction
shall be considered in the sight distance
requirements. Landscaping within the sight
distance line shall not exceed twenty-four inches
in h~ight. The sight distance requirement may be
modified at non-critical locations, subject to
approval of the Traffic Engineer.
B., That a corner cutoff, acceptable to the Public
Works Department, at the corner of Adams Street
and East Bay Avenue be dedicated to the public for
pedestrian purpo~es.
9. That street, drainage and utility improvements be
shown on standard, improvement plans prepared by a
licensed civil engineer.
10. That a study of existing public water, sewer and
storm drain facilities available to the site be
made by the development prior to recording the
parcel map, to determine their capacities. Any
upgrading' modifications or extensions to the
existing storm drain, water and sewer systems
shown to be required shall be the responsibility
of the developer. All work on the public sewer,
water, and storm drain systems 'shall be completed
or bonded for 'prior to issuance of any building
pe~~s.
11. That a condition survey of the existing bulkhead
along the bay side of the property be made by a
civil or structural engineer and that the bulkhead
be repaired in conformance with the
recommendations of the condition survey and to the
satis~action of the Building and Marine
Departments and that the existing bulkheads be
raised to elevation 9.D (L.L.W).
12. That the existing deteriorated street lights, along
the property frontages be replaced with new street
lights as approved by, the Public Works Department
and Utilities Department unless otherwise approved
high pressure sodium-vapor lumanars with multiple
a wiring system shall be provided."
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Planning Commission -18.
13. That all landscaping "and non-standard paving
surface~ wi thin the public right-of-way and
pedestrian easement be approved by the Public
Works Department and that a license agreement be
provided for maintenance of the non-standard
improvements.
"14. That the existing curb returns at the corner of
East Bay Avenue and Adams Street be reconstructed
with an access ramp.
15. That the existing deteriorated concrete sidewalk
and curb along the Palm Street, East Bay Avenue
and Adams Street frontages be reconstructed and
that any unused driveway aprons be removed" and
replaced with curb and sidewalk.
16. That the existill9 overhead utilities along the
Adams Street, the alley and Palm Street frontages
shall be undergrounded.
17. That sidewalk width of 9' -6" on Palm Street, be
maintained and that a l' -6" easement for
pedestrian purposes be granted to the City.
18. That an eight foot wide sidewalk be constructed on
Bay Street and that the required additional
right-of-way be dedicated to the City for
pedestrian purposes.
19. That there be no permanent underground structural
encroachments into the public right-of-way without
the approval of an Encroachment Permit and that"
any temporary encroachments be subject to the
approval of the Public Works Department.
20. That applicant repair or replace (as determined by
utilities Department and Public Words Departments)
any utility damaged through subsidence or any
other construction activity related to the
proposed development.
21. That during the construction period, a minimum 12
foot wide surface pedestrian way' be maintained
along the bay on weekends and holidays between
April 1 and June 15 and September 15 and October
15; and that the 12 foot pedestrian way be
maintained at all times between June 15 and
September 15.
22. During any closure of adjoining streets which may
be required during the proposed construction
phases, al ternati ve pedestrian circulation shall
be provided to the satisfaction of the City of
Newport Beach Planning" and Public Works
Departments.
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TO: Planning Commission -19.
23. All activities that require full or partial street
closures, parking prohibition, heavy truck
traffic, large or heavy loads or similar
activities Shall be approved by the Police
Department and City Traffic Engineer.
24. Closure of Palm street shall be prohibited at any
time.
25. The owner shall grant public access rights to the
City and enter into an agreement with the City to
keep the area from the bulkhead to the proposed
structure free from hindrances to public access
and to repair and keep the area in good and safe
condition at their sole cost and expense.
26. The applicant shall enter into an agreement and
post a bond guaranteeing the repair of all damage
to the public street system and/or utilities that
might be caused by the construction process.
21. That ,a minimum l5-foot clear 'area be maintained
within the easement area that will exist from the
proposed building line to the bUlkhead line. The
exact location and design of said area shall be
subject to the approval of the Planning
Department, public Works Department, and parks,
Beaches and Recreation Department.
28. That a traffic signal be installed at the
intersection of East Balboa Boulevard and Palm
street prior to occupancy. If other developments
,are required to construct this signal, up to 50%
of the cost may be reimbursed by those
developments.
29. That the eXisting 10 foot wide alley between Adams
street and Palm Street be abandoned prior to
issuance of a Building permit and that an ingress,
egress agreement to be provided between adjacent
property owners fronting the existing alley and
that the private alley have a minimum width of 20
feet.
'30. That natural grade for purposes of establishing
building heights be set at 6.50 M.S.L. (9.23
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31. That a title report be ol;>tained to ascertain the
status, of title to Edgewater Place. If it is
determined that the applicant and landowner has
the underlying fee interest, then an easement for
pedestrian and public utilities purposes shall be
granted to the City over and under Edgewater Place
estimated to be 34.8± feet wide and across the
frontage of Parcell. If Edgewater Place is
determined to be under public domain then the
applicant/landowner shall quit claim to the City
any rights they might have to Edgewater Place or
other portions of the property shown to be public.
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TO:
FROM:
SUBJECT:
OWNERS:
LOCATION:
Planning Commission Meeting, __ ~M~a~r~c~h~,~l~0~,-=l~9=8=3_
Agenda Item No. Additional Business
CITY OF NEWPORT BEACH
Planning Commission
Planning Department
"FINDINGS FOR DENIAL" for
Use Permit No. 3018
Request to permit the construction of a combined retail
commercial/office building., and a related parking
structure with offices, which exceed the basic height
limit in the 26/35 Foot Height Limitation District and
includes an architectural feature that exceeds 35 feet
in height. The proposal' also includes a request to
establish a cafe/lounge facility, a nighttime only
restaurant, and an office area in excess of 5,000
sq. ft. on property located in the C-l District in the
Central Balboa Specific Plan Area where a specific plan
has not been adopted. The request also includes
modifications to the Zoning Code so as to allow the use
of parking spaces that are not independently accessible
and compact parking spaces for a portion of the
required off-street parking in conjunction with a full
time valet parking service, and the acceptance of an
environmental document.
Rolland Vallely Family Trust, Balboa; and Balboa
Bayview Development, Inc., Balboa
AND
Resubdivision No. 739
Request to establish one parcel of land for retail
commercial and restaurant development, one parcel of
land for a private vehicular and pedestrian access, and
one parcel of land for office and parking uses" Where
seven lots and portions of two lots, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated presently exist. The proposal
also includes a request to establish grades for the
purpose of measuring the heights of proposed buildings.
Lots 1,2,3,7,8,9,10, and portions of Lots 4 and 11,
Block 3 of the Balboa Bayside Tract, a portion of
Edgewater Place and a portion of a public alley
proposed to be vacated, located at 309 Palm Street, on
the westerly side of Palm Street between East Bay
Avenue and Newport Bay in Central Balboa.
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TO: Planning Commission -2.
ZONE:
APPLICANT:
OWNERS:
ENGINEER:
Background
C-l
Balboa Bayview Development, Inc., Balboa
Rolland Vallely Family Trust, Balboa; Balboa Bayview
Development, Inc., Balboa; Mike Fazzi, Balboa; and
Donald Franklin and James Ray, Corona del Mar.
UMA/RGB Engineering, Inc., Irvine
At the February 24, 1983, Planning Commission Meeting, the Commission
denied the above subject project and directed staff to prepare
appropriate Findings based on the testimony presented during the
public hearing.
Attached, please" find Exhibit "B" containing the Findings for Denial
of Use Permit No. 3018 and Resubdivision No. 739.
Recommendation
Approve the Findings contained in the attached, Exhibit "B';.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
B",J/~
Fred Talarico
Environmental Coordinator
FT/pw
attachment: Exhibit "B"
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TO: Planning Commission -3.
L---=====-o, .. ---
EXHIBIT "B"
FINDINGS FOR DENIAL
USE PERMIT NO. 3018 and RESUBDIVISION 739
AS PROVIDED TO THE PLANNING COMMISSION
March 10, 1983
USE PERMIT NO. 3018
FINDINGS FOR DENIAL:
1. That an Initial Study and Negative Declaration
have been prepared in compliance with the
California Environmental Quality Act, and that
their contents have been considered in the
decisions on this project.
2. That based on the information contained in the
Negative Declaration, the project incorporates
sUfficient mitigation measures to reduce
potentially significant environmental effects, and
that the project will not result in significant
environmental impacts.
3. That the proposed development is consistent with
the General Plan; the Land Use Plan of the Local
Coastal'program as conditionally certified by the
Coastal Commission and accepted by the' City
Council; but may not be compatible with
surrounding land uses.
4. The proposed use of not independently accessible
,and compact car spaces will, under the
circumstances of this particular case, be
detrimental to the health, safety, peace, comfort,
and general welfare of ,persons residing or working
in the neighborhood of such proposed use or be
detrimental or 1nJurious to property and
improvements in the neighborhood or the general
welfare of the City and further that the use is
not consistent 'with the legislative intent of
Title 20 of this Code.
5. The approval of Use Permit No. 3018 will, under
the circumstances of this case be detrimental to
the health, safety, peace, morals, comfort and
general welfare of persons residing and working in
the neighborhood or 1:>e detrimental or injurious to
property and improvements in the neighborhood or
the general welfare of the City.
6. That in the opinion of the Planning Commission,
the increased building height will not result in
more public visual open space and views than is
required by the basic height limit.
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TO: Planning Commission -4.
7. The increased building height will not result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than could be provided with
in the basic height limit.
8. The increased building height will result in
undesirable or abrupt scale relationships being
created between the structure and existing
developments or public spaces.
9. That the proposed project including the office
portion thereof will not be in keeping with the
desired character of the specific plan area as
identified in the General Plan.
10. That the proposed use may preclude the attainment
of the Specific Area Plan objectives stated in the
Land Use Element of the General Plan.
11. That the use of the space-o-matic parking system
for a high percentage of total parking to be
provided is ~ot in the best interest of the
community and will' not allow for adequate on-site
off-street parking.
12. That the project will add congestion to an area
that is presently heavily impacted.
13. That the use of valet parking and space-o-matic
parking machines is not approprbte for this use
and location.
14. That the proposed project exceeds the basic height
limit.
15. That the proposed project can not provide adequate
sidewalks and street, trees; 'and provide parking as
required by the Newport Beach Municipal Code and
as recommended by the PlaMing and Public Works
Department.
16. That the use of 100 percent valet parking for the
project is not appropriate for this use and
location.
17. That the proposed layout of the parking structure
is not reasonable.
18. That the advantages of the revitalized area do not
override the potential problems of an aggravated
parking and traffic problem.
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TO: Planning Commission -5.
19. That the proposed project does not adequately
address potential traffic and parking problems.
20. That previous actions of tI:le City on the "Fun
Zone" project are not dil;ectly reiated to actions
on this site, due to the unique historical nature
of the "Fun Zone" site and its relationship to the
overall community identity.
RESUBDIVISION NO. 739
FINDINGS FOR DENIAL:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is not satisfied
with, the plan of subdivision.
2. That the proposed resubdivision presents problems
from a planning standpoint.
3. That the design of the, subdivision or the proposed
improvements may conflict with any easements,
acquired by the public at large, for access
through or use of property wi thin the proposed
subdivision along Edgewater Place.
4. ~hat an Initial Study 'and Negative Declaration,
have been prepared in compliance with the
California Environmental Quality Act, and that
their contents 'have been considered in the
decisions on this project.
5. That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigations measures to reduce
potentially significant environmental effects, and
that the project will not result in significant
environmental impacts.
6. That the proposed development is consistent with
the General Plan; the Land Use Plan of the Local
Coastal Program as conditionally certified by the
Coastal Commission ~d acqepted by the City
Council; but, may not be compatible with
surrounding land uses.
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7. That the use of the space-o-matic parking system
for a high percentage of total parking to be
provided "is not in the best interest of the
community and will not allow for adequate on-site
off-street parking.
8. That the project will add congestion to an area
that is presently heavily impacted.
9. That the use of valet parking and space-o-matic
parking machines is not appropriate for this use
and location.
10. That the proposed project exceeds the basic height
limit.
11.
12.
That the proposed project can not provide adequate
sidewalks and street trees; and provide parking as
required by the Newport Beach Municipal Code and
as recommended kly the Planning and Public Works
Department.
That the use
project is
location.
of 100 percent valet parking for the
not appropriate for this use and
13. That the proposed layout of the parking structure
is not reasonable.
14. That the advantages of the revitalized area do not
override the potential problems of an aggravated
parking and traffic problem.
15. That the proposed project does not adequately
address potential traffic and parking problems.
16. That previous actions of the City on the "Fun
Zone" project are not directly related to actions
on this site, due to the unique historical nature
of the "Fun Zone" site and its relationship to the
overall community identity.
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
February 18, 1983
To: Planning Commission
From: Robert H. Burnham -City Attorney
Re: Bayview Terrace Development/Use Permit No. 30'18
The Planning Commission has requested this office to render an
opinion relative to the development rights, if any, accorded a'
property owner by our Zoning Code in the case of a structure
which has been totally destroyed by fire.
Section 2(}.'83.060 establishes the general rule in such a case and
that Section reads as follows:
"A nonconforming building damaged or destroyed by fire,
explosion, earthquake, or other act, to an extent of
nlore than ninety percent ,(90%) of its appraised value at
the time of the damage, as fixed by the General
Appraisal Company of Los Angeles, California, or other
equally responsible firm, or to an extent of one hundred
percent (100%) of the appraised value thereof according
to the assessment by the Assessor for the fiscal year
during which t:;Iuch destruction occurs, may be restored
only if a Use Permit is first obtained in each case".
The Section quoted above would give a property owner greater
rights then allowed by the Zoning Code only in rare cases. For
example, if the building that was destroyed exceeded the floor
area permitted within the zone the Planning Commission could by,
use permit as opposed to variance, authorize the construction of
a new bUilding that also exceeds floor area limitations. If the
property had been put to a use that was not permitted within the
zone in which the building was, located the Planning Commission,
by use permit, would be empowered to permit the property owner to
continue the use after reconstruction. In both cases the Plan-
ning Commission would have to make findings that the proposed use
or, -structure would not adverse the impoact of the neighborhood,
findings' which might be difficul,t to make especially where the
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( • • Planning Commission
February 18, 1983
Page 2 ,
use was not which was not one which is permitted within the
district. Thus, the Zoning Code offers little comfort to a
property owner whose building has been destroyed by fire or other
calamity.
With regard to buildings located in commercial districts that are
nonconforming only because they do not comply with the parking
requirements different rules apply. In such a case the property ,
owner has an abso~ute right to restore the structure, without a
use permit and without providing parking provided that all of the
following conditions are met:
(A) The restoration work is commenced within 12 months
after the damage the damage or destruction occurs;
(B) The building after restoration does not exceed its
original gross floor area as it existed prior to
the damage or destruction;
(C) ~he use of the buiilding does not change to a use
which requires more parking than the original use
as it existed prior to the damage or destruction.
(20.30.030 NBMC).
Given the size and nature of the development proposed by Bayview
Terrace Limited neither of the Sections referenced above apply
and the property owner has no special development or noncon-
forming right because of the unfortunate destruction of the
building. However, the property owner was, for purposes of
'determining the applicability of the traffic phasing ordinance,
given credit for the structure that existed prior to the fire.
This resulted in the project being exempt from the application of
the traffic phasing ordinance and is consistent with the practice
of the City in giving credit for existing structures to
developers who propose to demolish structures during the cour.se
of redevelopment.
H. Bu'rnham
ATTACHMENT G -3/~4t83~ I
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POST OFFICE BOX 8U' ,e BALBOA, CALIFORNIA 92661
·.J·'·.~!h ,! •
February 24. 1983
Dear Commissioners:
The Balboa Peninsula Point Association-has briefly studied
the proposed project to be built on the old Bayview Hotel site.
It is our opinion that the new Bayview Center is well planned
and will be an asset to our community.
We urge you to approve this project.
Sincerely. .
{Jo.i~~/~~
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ATTACHMENT H -3/14/83
IMPROVEMENT ASSO(;IATION
Planning Commission
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663
P.D.Box 825
Balboa, Calif. 92661
February 15, 1983
RE: .Bayview Center
Dear Hon. Commissioner:
A presentation concerning the proposed development at
the corner of E;dgewater and Palm was presented to our As-
,sociation on February 15, 1983. After the presentation was
heard, and in the absence of the developer, our Association
considered the merits of the development. By a unanimous vote,
our Association has directed me to correspond with you con-
cerning this project. Unanimously, the Balboa Improvement
Association urges that the Planning Commission approve the
proposal subject to any conditions imposed by the Ci ty of
Newport Beach. It was the general consensus of our Assoc;:iation
that the project is a good project and that it will be of benefit
to the community.
I will attempt to be present at your next meeting' on
February 24', 1983. In the meantime, if you have any questions
concerning our position, please do no hesitat 0 contact me.
JR.
JCP/fc
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