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309 PALM ST PARKER'S SEAFOOD GRILL
11111111111111111111111111111111 *NEW FILE* 309 Palm St Parker's Seafood Grill Edgewater Place, Inc. 309 Palm St. • Newport Beach, CA 92661 • (714) 722-4556 • FAX (714) 722-4559 May 23, 1995 City of Newport Beach Planning Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 Attn: Marc Meyers Re: Use of Premises 1%P3/Zz 309 Palm St., Suite H Balboa, CA 92661 To Whom it May Concern: The use of the above referenced premises shall be that of a full -service restaurant. This use is identical to the original intended use of the space known as the former Parker's Seafood Grill. The new restaurant, named "The Rainforest", will use all existing fixtures and layout, with no additions to size or area of the premises or alteration of use. The Rainforest will serve Californian/South American style food for lunch and dinner. Sincerely, Michael F. Harrah President, Edgewater Place, In MFH/rlf Corporate Address: 5405 Stouffer Restaurants Stouffer Restaurant Company • 29800 Bainbridge Road, Solon, Ohio 44139 • (216) 248-3600 September 24, 1987 Javier Garcia, Associate Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Plan Check fl058-87 - Parker's Seafood Grill 309 Palm St., Edgewater Place, Newport Beach, CA Dear Javier: Enclosed please find 1 sepia each of Sheet A-1 and A-3 dated 9/24/87. These drawings have been revised per our meeting of September 23, 1987. The new calculations include the additional square footage in the Waiting Area and Dining Area #6 which you informed us must be included. Per our discussion, by locating permanent planters on the terrace, we could reduce the "Net Public Area". These planters will be detailed on our architectural drawings and incorporated into the design. The new figure of 5,517.2 sq. ft. just puts us below the 5,520. sq. ft. "Net Public Area" maximum; and, therefore, complies with the Planning & Zoning requirements. We are advising our General Contractor to go to the Building Dept. on Friday afternoon to pick up our building permit. Should you have any questions or comments, please do not hesitate to contact me. Thank you very much for the time and considera- tion you have extended us regarding this matter. Sincerely, Kenneth D. Monsman Project Manager KDM:hn t cc: William Frank Rick Overle"* Al Strabic Stouffer Restaurants Stouffer Restaurant Company • 29800 Bainbridge Road, Solon, Ohio 44139 • (216) 248-3600 October 12, 1987 Javier Garcia, Associate Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: Plan Check #1058-87 - Parker's Seafood Grill 309 Palm St., Edgewater Place, Newport Beach, CA 1t .10ear Javier: Enclosed please find 2 copies each of Sheets A-1 and A-3 dated 9/24/87. These drawings indicate the square footage revised per our September 23, 1987 meeting. I have put the method of calcu- lation directly on 2 sets of blue prints as you requested on October 8th. I have also detailed the permanent railing system that Planning & Zoning approved which separates the potted plant arear,from the "public area" of each terrace. This should provide you with all the information necessary to approve,. the occupation of the terraces as depicted for dining. A Should you have any additional questions, please do not hesitate to contact me. Thank you again for taking the time to meet with me last Thursday. Sincerely, Kenneth D. Monsman Project Manager KDM:hn Encl. Via Federal Ex #1 cc: William Frank Rick Overley Al Strabic Plan Check No. L r F COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS 30,J%S-(U By: =r w; "�9 , Associate Planner Telephone (714) 644-3200 Date: Address: 3V 9 .Corrections Required: 0 Legal Description: Lot Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Lot Size Zone C•- I Proposed Use r�bVa�r Required Setbacks: Front Rear 'Right Side Left Side Structural Area: �` Buildable Area Permitted Area . 55W + ni o ILC, Oyes ' Proposed:Area Provide tissue overlay of calculations to qerify provided square footage. OF 4,0T0rq ^1Jr ?F VT( 6'5210 `p mW1,NukI NQf �ubh�VETF'( Required Parking 1V .4,nic Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard -Compact In -lieu Parking Dimension building height as measured from natural grade to average and maximum roof height Show natural grade line on all elevations k1 Show all rooftop lneghanical equipment and dimension from grade directly below. GmdiMi 32•lf0,e 312t (?�ncG`} . Indicate location of trash containers on site plan. AUX Number of stories -.5 VeitsE , t)E"E,11 Floor Plan fully dimensioned showing all room uses. T):�LCZAM 01,0 tJoT PMVLFA"T'm Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. iFair Share Contribution ?A10 �1)w725 2� �rrvw�_ San Joaquin Hills Transportation Corridor Fee /`Jn (OVER) POOR QUALITY ORIGINAL (S) t� 4 SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee " ry Planning Commission: Use Permit '3122 > 3076 (Lctwb %97 avj Wv"Vev 6� �u1u) �1ltf� j' See.. Hlad.. d I r,r Vdriance '; Resubdivision - Tract Site Plan Review Amendment T Other - Public Works: Easement/Encroachment Permit . • Curb Cut .Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval in Concept (Note: File 3 sets of plans: plot plan, floor plan, elevations). Coastal Development Permit No. Waiver/Exemption NOTE: it is the, responsibility_of`the••applicant to circulate their plans and obtain the necessary approvals fromdepartments checked above. If you have questions' regarding your 'appliii ion, please contact me at (714) 644-3, 00. r L , w {t t 990 San Vkente Shad, Suite 902a BALBOA LANDING LosMpeNt CA90049 -,�- ='_h ..Telex 4720112 KOLA V x �` ,� _ ... { ,w •{..._ en...,�';phone(2131820-8908ai>+h•.. w'-° J January-31, 1986 TO City of Newport Beach ",' 3300 Newport Boulevardx P.O. Box 1768 Newport .Beach, CA 92658 Pis• TTBC Williams u r F wi sy `#mow Y ATTN: y K +i. p. 3 "h•vS. REF: Edgewater Place_.• SUBJ: Documentation`of-Compliance'With Approval Conditions - 28 and 29 of Use Permit 3122 r Dear-Tracy,,s^'a trYaz _ _ - r .- •;�; :;-�� �' ..ti:�w-•ram a We are forwarding herein sheets_,1 and 2*of the guarantee'and-maintenance` t language that will be placed -on: the final landscape plans for; --'.the referenced project.'" This"should satisfq'compliance requirements -approval conditions 28 and 29 of use permit 3122 Please contact us, if you.have any questions .,-Sincerely, Paul C. Ponte - Project Manager PCP/sm ai _1 ti 1 -� � .Y i,1 [ •feiv,Y. e . e' October 26,1985 Rick Over]yy CORBIN/YAMAFUJI 17992 Mitchel South Suite 200 Irvine, CA 92714 c�U AND PARTNERS -- ------------------- --- - - - SUBJECT: EDGEWATER PLACE NOISE ANALYSIS Dear Rick, PXCE JAN 17 1986 Mestre Greve Associates is pleased to submit this proposal to conduct a noise study for the Edgewater Place in the City df Newport Beach. This noise study will address Conditions, of Approval numbers 16 (construction noise) and 34 (mechanical equipment noise). The proposed scope of work is outlined below. Ia. Mestre Greve Associates will prepare a set of noise specifications from which a construction plan can.be developed. Because a construction plan is not now available, equipment types and operation cannot be evaluated. Will we include recommendations for types of equipment and sound mitigating equipment that may be necessary. Particular attention will be paid to pumps which will need to operate 24 hours per day. lb. When a construction plan is available, Mestre Greve Associates will review the proposed plan and equipment to determine compliance with the specifications developed above. .. ULM FAWMIMM, / Mestre Greve Associates will prepare a set of specifications for the mechanical equipment to be installed in Edgewater Place. We will review the proposed equipment schedule to determine if equipment operation will meet City of Newport requirements for neighboring noise sensitive land uses. The cost for the above described work will be completed for a cost not to exceed $1,760.00 which includes 32 hours of labor at $55.00 per hour. If this is acceptable to`you we can begin work as soon as we receive a letter of authorization. If you have any questions please do not hesitate to call. Yours Very Truly, MESTRE GREVE ASSOCIATES Vincent Mestre, P.E. GENERAL CONDITIONS.---„-_-___------------------___----__--- 1. Guarantee: A. Unless otherwise specified herin, the Contractor, upon completion of the entire work described in the Contract, shall provide the Owner with a written guarantee stating that all work performed as a part to the Contract Is fully guaranteed for a period of one year from the dale of acceptance, and that during said one year period, all defective workmanship and/or materials shall be repaired and/or replaced, including any work or other which has been damaged by such defective workranship and/o-r materials and by the repair and/or replacement of some, at no additional cost to the Owner. '13. The Contractor shall perform all work in accordance with all applicoble building requirements and ordinances even though such requirements are not. specifically mentioned herein. Any work in conflict with such requirements shall be brought to the attention of the Owner by the Contractor and the Sub -Contractor shall not proceed with such work .without the written approval of the Owner. PLANT ESTABLISHMENT PERIOD C(. Project Maintenance: A. The entire project to be rnainlained for a period of 60 calendar days, commencing from Ihe-time all items of work have been completed to the salisfaclion of the Landscape Archilect. B. Plant maintenance work'shall consist of applying water, weeding, caring for and performing the following final plant establishment work: 1) All plants and planted areas shall be kept well watered, weed and litter free of all iirnes. 2) Apply 16-6-8 or approved equal of 6 pounds per 1,000 square feet approximately 30 days after plonting and continue on a monthly basis. 3) Contractor shall be responsible for disease and pest control during the plant establishment period. No pesticides or insecticides shall be used during. the life of the project. All sitvatigns which may arise for which there is no praclical control without chemical useage shall be reported to a qualified Plant Pathologist for non -chemical remedies. 11) Contractor shall roise or lower sprinkler heads to proper level and shall adjust heads as needed for full coverage. 5) All plants that show signs of failure to grow at any time :luring the life of the conirocl, including the rnninlenance period, or those plants so injured or damaged as to render Ihern unsuitable for the .purpose intended, shall be replaced in kind within ten clays of- written notificalion, at the expense of the Contractor. POST WARRANTY f ERIOD- / I. Post Warranty Program: ` A. Will include the following line items from theprolecf_maintenance section:_ _ _ _ _ _ _ _------------ 1) All plants and planted areas shall be kept well watered, weed and lilter free at all times. 2) Apply 16-6-8 or approved equal at .6 pounds per 1,000 square -'feet approximately 30 days after planting and continue on a monthly basis. 3) Contractor shall be responsible for disease and pest control during the plant establishment period. No pesticides or insecticides shall be used during the life of the project. All situations which may arise for which there is no practical control without chemical useage shall be reported to a qualified Plant Pathologist for non -chemical remedies. 4 351 BALBOA LANDING Newport Hospital each, CA 92t663 Phone (714) 645-0500 Hatch Bros. 3198 D Airport Loop Drive Costa Mesa, CA 92626 Attn: Mr. Jeff Hatch Ref: Edgewater Place - Del Taco Space' Subject: Response to June 301 1987 Memo Dear Jeff:. In response to the subject memo, your understanding of the condition in which the electrical service is provided for the Del Taco space is incorrect. The following will serve to define the condition as shown on the shell drawings. The primary switchgear room located at the main level in the garage contains the main pull section, distribution panels, and meter sections. A 400 amp meter section is reserved for the space to be occupied by Del Taco and McConnels. A conduit is provided from the meter section into the demised lease space, along with a pull wire. The tenant is responsible to contact the utility company and arrange for a primary meter. Also, ,the tenant must pull a 400 amp conductor to the demised space, and provide sub - panels (including the 400 amp distribution panel) and any sub -meters. The tenant will also provide any further distribution within the lease space. I hope that this clarifies the condition. Please contact myself or Aubrey if you have further questions. Sincerely, Paul C. Ponte PCP:cp cc: Aubrey Glaser Rick Overley File June 30, 1987 Mr. Paul Ponti Balboa Landing 3511 Hospital Rd., Suite 205 Newport Beach, CA 92663. _ Re: Edgewater Place Dear Paul, RECEIVED I am writing this letter to clarify the electrical condition for the Del Taco and McConnell lease space. It is our understanding that you will provide us with conduit from the main switch gear to our tennant space complete with a 400 amp. panel board and 400 amp. conductor wire. It shall be' our responsibility to provide conduit sub panels and sub metering from this point. - If you have any questions concerning this matter, please don't hesitate to call. Thank you. Sincerely, CCC//l / J, tch t cc: Mr. Aubrey Glaser, Balboa Landing Stouffer Restaurants Stouffer Restaurant Company • 29800 Bainbridge Road, Solon, Ohio 44139 • (216) 248-3600 August 17, 1987 Javier Garcia, Associate Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 Re: Plan Check #1058-87 - Parker's Seafood Grill 309 Palm St., Edgewater Place, Newport Beach, CA Dear Javier: Enclosed please find your marked up copies of the drawings dated November 26, 1987, Rev. 1 - May 22, 1987 including your copy of the Building Permit Application and the Commercial/Industrial Zoning Correction dated 6/25/87. Also enclosed are Dwgs. A-1 and A-3 (square footage) both dated November 26, 1987 - Rev. 21 6/30/87; Dwg. T dated November 26, 1986 - Rev. 11 5/22/87, bwg. A-2 dated November 26, 1987 - Rev. 2, 6/3087 and Dwg A-4 dated July 24, 1987. The following is an itemized response to the Planning & Zoning requests which relate to the tenant improvement work at Edgewater Place: 1. Dwg. A-3 depicts the basis for our net public area calculations. You stated during our July 20th telephone conversation that terrace dining is acceptable provided we do not exceed the established 5520 Sq. Et. net public area. By eliminating seats on the Bar Terrace and utilizing our calculations, we feel we comply with your net public area limitation. 2. The heights of each piece of rooftop equipment are called out on Dwg. A-4 as you requested. 3. Dwgs. T and A-2 depict the location of the enclosed Trash Room. A trash compactor will be provided in this enclosure. There will not be trash containers stored outside of this room. This information along with that supplied to you by Paul Ponte in his July 8, 1987 letter to you should satisfy the requirements of Planning & Zoning and thus clear the way for issuance of our building permit. r Plan Check #1058-87 Parker's Seafood Grill 8/17/87 Pg 2 of 2 Should you have further questions or comments, please do not hesitate to contact me. Sincerely, e�l-� Kenneth D. Monsman Project Manager �. KDM:hn Encls. cc: William Frank Aubrey Glaser Dave Jablonski Rick Overley - Incl. Dwgs via Fed Exp #2 Paul Ponte - Incl. Dwgs. I N City of Newport Beach Building Department P.O. Box 1768 •.n�,LJEC; . 11 W+ iir:�AJ•, B• 2572 Newport Beach, CA 92658.8915 A r r Li UA i 1 v IV FPLAN CHECK NO. Phone: (714) 644.3288 49 _-5 �• ADDRESS LOCALITY (CROSS ST.) LM J STAT. AREA GRP TYPE PROCESSED BY LOT NO. BLOCK TRACT USE OF VACANT SITE LOT 912E 9TRUCT GRADING APPROVAL REQUIRED ❑YES ❑ NO ❑YES ❑ NO TEL. OWNER % USE ZONE PA RKINO SPACES q ADDRESS 4p ^ J / (.JE-'� SPEC. CONOS. CITY ZIP I CONTRACTOR 10 ADDRESS TEL. NO. eH onv°:.o:°u 9n4L71 CITY ZIP YARDS' REAR LICENSE STAT NEWPORT ZONING FAIR SHARE $ CLASS LIC. NO LIC. NO. APPROVAL ARCHITECT oe r NP)IG TE �. FIRE EXCISE TAX $ OR ENGR J.(l' NW 6 _4:6(0 APPROVAL GRADING DISTRICT $ A'• ADDRESS CNAG/LJ•J ZIP o"C APPROVAL NON. NO. PLAN CMK SJHTC $ CITY /,GE C•'('�( BY DESCRIPTION OF WORK OTHER $ NEW ADD G' ALTER ❑ REPAIR ❑ DEMOLISH CI APPROVAL TOISSUE TOTAL $ R. FT.9AA WORKERS' COMPENSATION DECLARATION I HCACBY AFFIRM THAT 1 HAVE A C[RTIIICATE OI CONSCMT TO S[LF•IN]URL OR A N CERTIR[R]• CAT[ OF WORNCOMILN]ATION INSURANCE OR A CERTIFIED COPY THEREOF ISEC.]BOO. WORKERS' 1/J rr PLO ,Jr— 'A: NU PoLICY NO COMPANY ❑ CERTIFIED COPY I! HLRLBY FURNISHED ❑ C[RTIFICO COPY b FILED WITH THC SUILOINO OEIARTMLNT. SIGNATURE OF APPLICANT APPLICANT LICENSED CONTRACTORS DECLARATION GATE CERTIFICATE OF EXEMPTION FROM WORKERS' 1 NCRCBY AFFIRM THAT I AM LICENSED UNDER PROVISIONS OF CHAPTER 9 COMPENSATION INSURANCE (COMMENCING WITH SECTION 7000) OF DIVISION S OF THE BUSINESS AND (THIS SECTION NEED NOT BE COMPLETED IP THE PERMIT 19 FOR ON[ HUNDRED PROI[S910N! COOL AND MY LICENSE IS IN FULL FORCE AND CFI[CT. DOLLARS ISIO01 OR LCSSJ I CERTIFY THAT IN THE PERFORMANCE OF THE WORK FOR WHICH THIS PERMIT 15 LICENSE CLASS LIC. NO ISSUED. I SHALL NOT EMPLOY ANY PERSON IN ANY MANNER SO AS TO BECOME SUBJECT TO THC WORKER!' COMPENSATION LAWS OF CAUFORNIA. CONTRACTOR DATC DATE APPLICANT OWNER -BUILDER DECLARATION NOTICE TO APPLICANT. IF. API'CR MAKING THIS CERTIFICATE OF EXEMPTION. YOU SHOULD BECOME SU BJ[CT TO THEWORKERS' COMPENSATION PROVISIONS OF THC 1HCREBY AFFIRM THAT I AM EXEMPT FROM THE CONTRACTORS LICENSC LAW FOR THE LIBOR COOLYOU MUST FORTHWITH COMPLY WITH SUCH PROVISIONS OR THI,PERMIT FOLLOWING REASON (SEC 7031.5.BUSINESS AND PROFESSIONS CODE. ANY CITY OR ]MALL BE CLICHED flCVOKCO COUNTY WHICH REOUIRCS A PERMIT TO CONSTRUCT. ALTER. IMPROVE. DEMOLISH. OR REPAIR ANY STRUCTURC. PRIOR TO ITS ISSUANCE. ALSO REQUIRES THE APPLICANT CONSTRUCTION LENDING AGENCY FOR SUCH PERMIT TO PILE A SIONCO STATCMENTTHAT HE IS LICENSED PURSUANT TO I HEREBY AFFIRM THAT THERE I! A CONSTRUCTION LCNOINO AGENCY FOR THC THE PROVISIONS OF THE CONTRACTOR'S LICENSE LAW (CHAPTIR 9 (COMMENCING PERFORMANCE OF THC WORK PoR WHICH THIS PERMIT IS ISSUED OEG 3007. CIV= WITH SECTION 70001 Of DIVISION ] OF THE BUSINESS AND PROFESSIONS COOO OR THAT HE'SEXEMPT THEREFROM AND THC BASIS FOR THE ALL[OCO EXEMPTION. ANY LENDER'S NAM[ VIOLATION OF SECTION 7031.5 BY ANY APPLICANT FOR A PERMIT SUBJECTS THE LENDER'S AGGRESS APPLICANT TO A CIVIL PENALTY OF NOT MORE THAN FIVC HUNORLO DOLLARS I9500I): I CERTIFY THAT I HAVE READ THIS APPLICATION AND STATIC THAT THE ABOVC ❑ I. AS OWNER Of THE PROPERTY. OR MY CMPLOYEES WITH WAGES AS THEIR SOLC COMICHSATION. WILL 00 THE WORL AND THC STRUCTURE IS NOT INTENDED OR INFORMATION 15 CORRECT. I AGREE TO COMPLY WITH ALL CITY AND COUNTY ORDINANCES AND STATIC LAWS RELATING TO BUILOINO CONSTRUCTION. AND HEREBY OFIER90 FOR ]ALE (SEC 7044. SUSINKSS AND PROFESSIONS CODE: THE CONTRACTOR'S UCCMSX LAW DOES NOT APPLY TO AN OWNER OF PROPERTY WHO AUTHORIZE REPR[SENTATIVCS OF THIS COUNTY TO ENTER UPON THE BUILDS OR IMPROVE] THEREON. AND WHO DOES SUCH WORK HIMSELF OR THROUGH ABOVE -MENTIONED PROPERTY FOR INSPECTION PURPOS[L HIS OWN [MPLOYCC]. PROVIDED THAT SUCH IMPROVEMENTS AMC NOT INTENDED OR OFFERED FOR SALE It. HOWEVER. THE BUILDING OR IMPROVEMENT IS SOLD WITHIN ONCYEAROFCOMPLCTION. THEOWNER•BUILOCR WILLHAVE THE BURDEN OF PROVING THAT HE DID NOT BUILD OR IMPROVE FOR THE PURPOSE OF SALE! ❑ I. A9 OWNER THE PROPERTY. CONTRACTING WITH LICENSED SIQNATURE OF ICRMITTEE O;tC- OF AM EXCLUSIVELY CONTRACTORS TO CONSTRUCT THE PROJECT t9EC. 7044. BUSINCSS AND PROFESSIONS COOL THE CONTRACTOR'S LICENSE LAW GOES NOT APPLY TO AN OWNER OF PROPERTY WMO BUILD! OR IMPROVES THEREON AND WHO CONTRACT! Est.Val $ O Other FBB] $ FOR SUCH PROJECTS WITH A CONTRACTOR(SI LICENSED PURSUANT TO THE CONTRACTORS LICENSE LAWA ❑ I AM CXEMPT UNDER SEC. . 0 AP.0 FOR THIS REASON PIG Fee $ Portnt Pea $ Final Val $ Adj. PIC Fee $ DATE OWNER 08D $ Total Fees $ WORK MUST BE STARTED WITHIN A PERIOD OF ISO DAYS FROM THE DATE OF VALIDATION OR THIS PERMIT BECOMES NULL AND VOID. PLAN CHECK VALIDATION CH. MO. CASH PERMIT VALIDATION CK. M.O. CASH a O O y IL 0 W a fA Z Plan Check No. � oew ✓ F7 COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Jn,)%en, QA1"tA By: Associate Planner Date: (0, Address: 3 V 01 Corrections Required: Telephone (714) 644-3200 Legal Description: Lot Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Lot Size Zone C- I Proposed Use Required Setbacks: Front Rear Right Side Left Side Structural Area: Buildable Area Permitted Area 5520 Nsi Pablic, Area. Proposed Area Provide tissue overlay of calculations to verify provided square footage. OF A ESP,t ftA-0T” ?*QWW 65ZO �? m aX (wiu41 Ne} Public. Required Parking M s'k Proposed parking (Indicate number of stalls provided) Total On -Site Parking standard Compact In -lieu Parking Dimension building height as measured from natural grade to average and maximum roof height Show natural grade line on all elevations Show all rooftop me5hanical equipment and dimension from grade directly below. CZ- '324MV? 51m n „ _ Indicate location of trash containers on site plan. Number of stories C3 Floor Plan fully dimensioned showing all room uses.-YL.(raacE 01dJvy NoT PaVµ'TTt� Plot Plan fully dimensioned showing location of all buildings, c141 ,ffences, etc. in relation to the property line. 'Fair Share Contribution BA10 4Ic�25.`L�' �rruw _ San Joaquin Hills Transportation Corridor Fee 10 (OVER) 't. IF SPECIAL APPROVAL REQUIRED THROUGH. - Modifications Committee Planning Commission: Use Permit S12L ! 3o�b variance Resubdivision - Tract Site Plan Review Amendment Other - (Latwb '74-7 a+J Ww:Vev o1 I is f -See A4acA-d list Public Works: Easement/Encroachment Permit Curb Cut Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval in Concept (Note: File 3 sets of plans: plot plan, floor plan, elevations). Coastal Development Permit No. Waiver/Exemption NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200, � as BALBOA -LANDING r roi enpa vj� & City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Planning Department July 8, 1987- 0 00W* 351 tioapital Road, Suite 205, Newport Beach, CA 92663. Phone (714) 645-0500 RECEIVED J U L 1 01487 Aa8 il............ Attn: Mr. Jay Garcia Ref: Edgewater Place - Plan Check No. 1058-87-Stouffers Restaurant Subject: Response to Comments of Conditions of Approval ` Relative to Restaurant Plan Check Dear Jay: In response to the items circled in conditions of approval, please note the following: Use Permit 3122 1. Condition 17 - This condition was unclear to us at the period prior to issuance of the shell building permit. Therefore, we agreed to comply with signage/direc- tional requirements as necessary during applications for individual street closure or traffic re-routing permits. This has been done to date. 2. Conditions 26 and 29 - Information requiring compliance to this condition was placed on the approved landscape drawings. Refer to attached letter dated January 31, 1986. 3. Conditions 33 and 34 - The project Architect had retained an acoustical consultant to ensure that the design is in compliance with these conditions. Refer to attached agreement from Mestre Greve Associates dated October 261, 1985. 4. Condition 38 - Refer to site plan and second floor building plan of approved drawings - central trash compaction'will occur at area fronting on Bay Avenue. 5. Condition 41 - Same as above - refer also to site plumbing design on approved drawings showing tie-in to sewer system. 6. Condition 50 - Balboa Landing has requested the implementation of signage at'Adams Street. Refer to attached letter dated June 2, 1987. 7. Condition 69 - Balboa'Landing has requested a copy of a will -serve letter previously issued from the County Sanitation District. However, this condition is tied to occupancy as opposed to building permit. a. Condition 75 - Refer to comments noted on Condition 50. We hope that this information adequately addresses your concerns regarding compliance with the approval conditions. Information requested on the drawings is currently being addressed and will be submitted shortly. Please feel free to contact us if you have any questions or comments. Sincerely, Paul C. Porte PCP:cp cc: Rick Overly Aubrey Glaser Ken Monsman File I.' Cf co a 9 9 m m A A = r O S _ ° ° City of Newport Beach P m O A 1 w r i '� 9 2 P x P INDEX 3. That parking on the off -site location will not create undue traffic hazards in the surrounding area. 4. That the off -site parking location is in the same ownership (lease hold interest) as the building site and said ownership is of a duration adequate to serve all proposed uses on the building site or sites. CONDITIONS: 1. That all previous, conditions of approval for Use Permit No. 3122 shall be fulfilled as approved by the Planning Commission on May 9, 1985, except as noted below. o That Condition No. 2 of Use Permit No. 3122 requiring the fulfillment of all- conditions of Resubdivision No. 797 is hereby deleted. 3. That all conditions of the waiver of the parcel Sea aWa,&J map for property located at 30j Palm Street shall be fulfilled. &A . That Condition No. 20 of Use Permit No. 3122 shall ,e W be amended to read as follows: Demolition and construction shall not be commenced until September 2, 1986, to avoid peak seasonal traffic, or shall be accomplished in a manner satisfactory to the Planning, Building and Public Works Departments during the period of June 1 or the day after Labor Day. In addition to the criteria specified by each of the above departments, any summertime construction or demolition on the subject property shall conform with the followingi a. Earth moving operations: (1) Truck haul operations shall be limited to the hours between 7:00 a.m. to 3:00 p.m., Monday through Friday. (2) No more than one truck waiting to be loaded and no truck storage on the public streets in the project vicinity. (3) No truck staging areas on the Peninsula (southerly of West Coast Highway). -17- .. v = r = i T City of Newport Beach p INDEX (4) No more than 28 truckloads per day, or an average of four truckloads per hour. (5) One lane of traffic to be maintained on East Bay Avenue and Adams Street at all times. (6) Two lanes of traffic to be maintained on Palm Street at all times. b. Concrete placing operations: (1) Submit to the Public Works Department for approval a plan for traffic and site management for the concrete placing operation' in advance of beginning the grading. Any modifications to the approved plan shall be submitted and approved three weeks in advance of the placement date. If work is contemplated to begin before 7:00 a.m. or proceed beyond 6r30 p.m. or to be done on Saturday, Sunday or holidays, the City Council must approve the request. (2) No street closures will be allowed. C. Delivery of construction materials to the siter (1) Deliveries can only be made between the hours of 7r00 a.m. and 11:00 a.m., Monday through Friday. (2) Two lanes of traffic must be maintained on Palm Street at all times. (3) One lane of 'traffic must be maintained . on East Bay Avenue and Adams Street at all timeb. (4) No storage of any materials, sand, lumber, etc., shall be permitted in the public'right of way. d. Genera] provisions: (1) A minimum of 12 feet of clear paved or surfaced area shall be maintained at all -18- co a a a a > a m O A> a n = p a r MINU I Ls a m s ° City of Newport Beach A INDEX times along Edgewater Place. No vehicles shall be parked or driven on Edgewater Place. (2) If, in the opinion of the Building, Public Works or Police Departments, the construction project is causing substantial traffic congestion and/or a hazard to people in the vicinity of the construction site and/or the Balboa Peninsula area, the City reserves the right to require that construction operations cease until the problems have been corrected. If the same problem recurs, the City may require ' 'that construction operations cease until September 15. (3) That all contractors and subcontractors be made aware of these conditions and that there be a developers' representative at the site at all times during the construction operation with the authority to shut down operations at the request of appropriate City representatives. 5. That the applicant shall obtain the approval of an OC'C' off -site parking agreement from the City Council 88 providing parking spaces in a parking strut-fir'������ ture located on Lots 7, 8, 9, 10, 11 and a portion •(ec6rQt�vA of Lot 12, Block 3, Bayside Tract and a portion of Ik$ ePncas Lot 22, Block A, Bayside Tract for the duration of the proposed uses on the building sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the ofWe of the County Recorder and copies thereof filed with the Planning Department. 0910 Iwt rem* icy 7bFltwuW.� . 4N3�►L6 Waiver of Parcel Map FINDINGS: 1. That the building site is under multiple owner- ships and lease hold interests which prevented the applicant from combining the properties into a single building site. -19- c o L 9 �1 y ,. .0 M 2 c , m z m y M a 0 2 N a K = p O Y j City X T m ,I f of Newport Beach 2. That the applicant has secured appropriate financing to finance the improvements planned for the site. That the estate in real property is of sufficient length to guarantee that the lots which constitute the building site will be held as a single entity for the economic duration of the building improvement to be placed on the site, and that the applicant shall provide documentary proof that this finding is valid to the satisfaction of the City staff. 3. That all'requirements of the Newport Beach Munici- pal Code and Policies of the City of Newport Beach which would otherwise be accomplished by the com- bining of parcels can be met through the imposi- tion of the Conditions noted below. 4. That this request complies with Section 20.87.090 of the Newport Beach Municipal Code and the changes as adopted by the City Council on April 28, 1986. CONDITIONSt 1. at the applicant shall indemnify and hold armless the City in a manner satisfactory to the pub �e City Attorney in conjunction with the waiver of G;4k the parcel map. 2. Should the subject property ever be held under a single ownership, this waiver shall become null and void and the property owner shall obtain the approval of a resubdivision. 3. That all conditions of approval of Resubdivision No. 797 shall be fulfilled as approved by the Planning Commission on May 9, 1985, except as noted below. That Condition No. 1 of Resubdivision No. 797 requiring recordation of a parcel map be waived. That Condition No. '3 of Resubdivision No. 797 be revised as follows: "That a use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a grading permit or building permit prior to completion of the public improvements." -20- INDEX fv4•B6 S�tiM Nu CHEZI� w/ c of Ana wee b(�GC �v r �t�,rau I �T 1 _r / , pu0. CnAAMISSIONI ht j Mny A, 1911r,i`. III a; I �� .114,MT o r a m Z C m > m = p x V= r m City of Newport Beach v t o 0 A ROLL CALL—71NDEX 6. That Condition No. 32 of Resubdivision No. 797 requiring the recordation of a parcel map within 3 years of the date of approval be deleted. 7. That prior to issuance of a Building Permit for construction of the improvements authorized by Use Permit No. 3122, the applicant shall prove to the satisfaction of the City Attorney that he has possessory interest in the parcels upon which improvements are to be constructed. R ♦ M Re uest to permit the construction of a single family dwe ing and two car garage on property located in the R-1 D trict which exceed the basic height limit in the 24/28 Not Height Limitation District and which pro- jects ab ve the top of curb on Ocean Boulevard. The proposal so includes a modification to the Zoning Code so as o allow the proposed structure to encroach 9 feet 6 inc st into the required 10 foot front yard setback adjacen�t to Ocean Boulevard, and the acceptance of an environmental document. LOCATION: The orthwesterly parcel of Parcel Map 59. 4667-210 (Resubdivision No. 85), located at 3713 Ocean Boulevard, on the southwesterly side of Ocean BoulevardNetween Poinsettia Avenue and Poppy Avenu&, in Corona del Mar. APPLICANTe Jay Brian Svarts,%wport Beach 1 OWNER: David Williams, Anaheim The public hearing was opened in conAXction with this item, and Mr. Jay ,Brian Evarts, applicant, 2016 Lafayette Avenue, appeared before �hhe Planning Commission. Mr.-Evarts stated that he concNrs with the findings and conditions as contained in Exhi4 t "A". Donald Webb, City Engineer, referred to Conditi�6p No. 7 regarding the sewer service for the new residence, and he stated that the condition was brought to l� his attention by the Utilities Director. fie added that�lue -21= Item No.: V1129 Approved Y �ZOMMISSIONLRSi 9, 1985 MINUTES c o ITT 11 E C v m a = T 0.m City of Newport Beach = 9 ROLL CALL INDEX CONDITIONS: ' That all development shall be in substantial ® conformance with the approved plot plan, floor plans, elevations and sections except as noted below. uti That all applicable conditions of Resuk No. 797 shall be fulfilled. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11 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 program 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. 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. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist based upon the completion of a comprehensive soils and geologic investigation of the site. This shall establish parameter of design for the proposed structure and also provide recommendations for grading. Permanent reproduc- ible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 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 struc- -25- 1 x x c o e m i r j A c 2 0 p t 0 0 a m O m s T T i 9 = 9 Z T M May 9, 1985 of Newport Beach MINUTES ROLL CALF I I I I I I I I INDEX tures, utilities and other improvements, to the satisfaction of the Building and Safety, Public Works and Planning Departments of the City of Newport Beach. . 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 and 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 appli- cant shall repair any improvements damaged by subsidence. Prior to issuance of any grading or building permits, a National Pollutant Discharge Elimina- tion 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. Provisions shall be made, if necessary, for the treatment of hydrogen sulfur (H2S) in groundwater by Chlorination inlorder 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 Unreacted chlorine resulting from treatment of H S shall be neutralized, if necessary, by methods 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. -26- `X t� 9, 19PS MINUTE S c x e o � x T f9' A i c m m z C= m a 9 O O is *n = s= m ROLL of Newport Beach 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 grad- ing/demolition permits, the Planning Department shall approve a signing construction program for the proposed project. )8 An Army Corps of Engineers permit and a Harbor permit shall be obtained prior to any alteration of bulkheads. Should barges be utilized for construction, a Harbor permit shall be obtained. Demolition and construction shall not be commenced until after September 2, 1985, to avoid peak seasonal traffic or shall be accomplished in a manner satisfactory to the Planning„and Building Departments during the period of June 1 or the day after Labor Day. ,,2f'.� In order to ascertain periods of greatest poten- tial 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 applica- tion for building permits. The construction schedule shall be -approved by the Planning and Building Departments. 7�. The relocation of public utilities shall be coordinated with and approved by local utility companies and public agencies as appropriate. ? That all access to the building be approved by the 'Fire Department. That all' on -site fire protection (hydrants and - Fire Department connections) shall be approved by the Fire and Public Works Departments. -27- INDEX N44RAIE (\ gFgmev A 6 MISSIONERS A x i c m M r 9 > m m = m a a = r x m o r a a O T x z x a z T m Q �- Ml_ 9, 1b85 Of f MINUTES Beach ...2e Fire vehicle access shall be approved by the Fire Department for all public rights of way and easements improved by the applicant. y6: The building contractor shall examine existing streets to ensure that trucks assigned to the project can negotiate required turns and demon- strate such to the satisfaction of the Public Works and Building Departments. 7. If required, a system of barriers and overhead Protection shall be provided during the 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. The landscape plan shall include a maintenance program which controls the use of £¢ ttilizers and pesticides. 29 Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. -30, The landscaping plans adjacent to the parking garage entrance 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 si;nilar design throughout the buildings, and shall be approved by the Planning Department and City V All mechanical equipment, vents, and other service : equipment shall be shielded or screened by archi- . tectural design. 33.) That any roof top or other mechanical equipment shall be sound attentuated to be no greater than 55 dBA at the property lines: 94 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. Sound INDEX -28- COMMISSIONERS x X co f a a v m 9 r v 9 = r 0 2 C Z v 3 0 0 s m 0 m a m m zz z az'� m rr- of Newport Beach MINUTES ROLL CALL I I I I I I I INDEX 1 attenuation shall be based upon the recommenda- tions of a qualified acoustical engineer, and be l�approved by the -Planning Department. �b�\ That prior to the issuance of building permits, /' the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. ,,3 All work on the site shall be done in accordance with City Council Policy K-5 and K-6. Verifica- tion of said work shall be provided to the Build- ing and Planning Departments. That an entirely enclosed trash storage room shall / _` be provided for the proposed project. Said room shall be secured at all times and shall be acces- sible to the project tenants and management only. That a centralized trash compaction system shall be provided for the proposed project and shall be used for the compaction and handling of all trash generated from the project. That a commercial trash pick-up shall be provided three times a week during the winter months and six times a week during the summer months. That a cleanup program for public walkways and on -site pedestrian circulation areas shall be conducted on a daily basis. Said cleanup program shall include steam cleaning all public and private pedestrian walkways adjacent to and within the subject property and that said cleaning shall be provided twice a month during the summer season and once a month during the remainder of the year. That the trash storage room shall be equipped with a washout area with drain that shall be connected to the sanitary sewer system. That the applicant shall provide a $5,000 cash deposit to the City of Newport Beach which shall be deposited in an interest bearing account to the benefit of the applicant for the purpose of insuring the required steam cleaning of public sidewalks and private onsite pedestrian walkways adjacent to and within the subject property. -29- * Wu Lv st hilt mild" �r\ 1.:%A V AI V MJJI\ /I 4I\J a ~L 1 9 = z c 9 m r y m z a 9 S= r M M C z N O i 0 0 M s o m> z a z r m M�" 3, 1985 of Newport Beach The applicant shall provide a site security plan for the proposed project which shall be subject to the approval of -the Police Department. Said plan shall fully describe proposed security measures for the project site (i.e., lighting, fencing patrols, key card access system). 44-__� That the security lighting shall be designed and maintained 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. Prior to use of the parking structure, the appli- cant shall prepare a parking operations plan which will set forth the manner in which the parking structure will operate, to include but not limited to: valet parking procedures; voice communication measures for valets; vehicle elevator operations; and Space-O-Matic operations. Said parking structure operations plan shall be subject to the approval of the City Traffic Engineer and the Planning Department. Access parking and pedestrian circulation shall be subject to further review and approval by the Traffic Engineer and the Planning Department prior /to the issuance of a grading permit. Al. Ramp slopes shall not encroach into the required back up aisle unless said slopes are flatter than 5 percent. A standby generator. shall be provided that is capable of supplying adequate electricity to run one elevator and the power packs for the Space-O-Matics. The applicant shall bond for a period of two years after occupancy an amount sufficient to cover the 2 costs of providing a left -turn lane on East Balboa Boulevard. Said lane to be implemented if de- termined to be necessary through a review by the Public Works Department. -30- MINUILb INDEX �3 May 9, 1 Of Beach INDEX / The applicant shall provide a signing program on �,A� 50. Balboa Boulevard to encourage Persons destined for the project sits. to turn at Adams street. r) cal Handicapped parking shall be provideTrafficd in a mEngir S gV- fff and quantity approved by the Oshall be designed veer. The handicapped parking and so as to be independently accessibNeewporavailable Newport Landing for self parking behind the _ReSLau+•.• _�-- shall be 5 No additional restaurant facilities an permitted on -site without the approval °f the amendment to this use permit, Furthermore, approved restaurant and cocktail lounge uses shall not expand their operations onto the second third level observation decks beyond the approval of this use permit, without the approval of an amendment Be this application. That Public access to the decks to be utilized by the public shall not be restricted during normal business hours. arking space per 40 sq• ft. hat a minimum of one p parking spaces) �f "net public area, 138 shall be provided for the proposed l3kVEYL uc— facility and the cafe/lounge. S alcoholic 5�y That no on-ses ale °r tiake-out restaurant unlessan !� shall be sold in the ermit is approved, amendment t° this use P 11 be installed on all 139 C& Ii Y)( kVV4 That grease interceptors she grease fixtures in the restaurasystems in ito the drainage nt facilities where may be introducedthan provisions of the Uniform ithaccordanceCode � plumbing es nts l That the hours of operation lounge shall be and cocktail hours of 5:00 a.m. to 2:00 week. for the restaura limited between the a.m., seven days I That the development standards required off-street parking fencingr building setbacks, and landscaping requirements take-out restaurant facility. -31- to a portion of the spaces --Perimeter circulation, wallet �fe waived for', the i COMMISSIONERS MINUTES Co a i s v _ / v r m in z c m> T s ==M a m City of Newport Beach M. ROLL CALL INDEX - , 58. That the applicant shall provide free parking in the parking structure for all employees of the Newport Landing Restaurant and all Edgewater Place Development. All employees shall park on -site. 59. That the proposed parking structure shall be available for parking to the general public and not for the exclusive use of the Newport Landing and Edgewater Place Development. ° 0. Valets shall be required from one hour before to v. one hour after normal business hours of all building tenants. . Access to tandem and Space-O-Matic spaces shall be tM controlled at all times. Space-O-Matic devices shall not encroach into required stall sizes. That applicant shall demonstrate to the satisfac- tion of the City Traffic Engineer the availability of compact size Space-O-Matics prior to the issuance of any grading or building permits. 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. P5. That all music and live entertainment shall be �jconfined to the interior of the building and all windows and doors of the restaurant and 'lounge shall remain closed during such activities. 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 consis- tent 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. 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. s (Jw ft4b -32- MISSIONERS1 N4. , 1=�" ' MIN( ITES x� �o S r 9 i c m z W 9 S Z r O x a Z 0 p 0 0 a m p m> T Z a Z :0Z r m of Newport Beach INDEX 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. 69 Prior to occupancy of the building, the applicant shall prow a wrTtten verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. The applicant•shall acquire a policy of insurance guaranteeing the payment for all damages to private property, business interruption, or other economic loss caused by the construction process and shall provide a copy of the policy to the Planning Director and the City Attorney. That the proposed decorative cupola shall not P'er f exceed thirty-nine feet, six inches (3916"), NMru°a height measured from approved grade. The flag poles shall not exceed fifty feet (50') above approved grade. ,72. 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 appli- cation. That no outdoor sales Or display of merchandise shall be permitted within the public walkway adjacent to Newport Bay. That provisions shall be made for bicycle parking on the site for a minimum of 25 bicycles. 15 Signing for the project shall be approved by the City Traffic Engineer..* 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. 7 _ Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. -33- MISSIONERS MINUTES A n c O O r A i s m m z al 9 A z r LI S z c= N O t. O O 9 m O m> n za z az m M( 9, 1985 of Newport Beach ROLL CALL I I I I III I 1 INDEX Motion Ayes Ix Deleted. That the Planning Commission may add/or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare / of the community. 86� This use permit shall expire unless exercised within 24 months from the date of approval as specified in section 20.80.090 A of the Newport Beach Municipal Code. B3. A system of garage floor drainage shall be designed to keep the subterranean parking area dry and to remove oil and grease from collected wastewater prior to dis Deal into public drains and/or Newport Bay. This sytem shall meet the specifications of the City of Newport Beach and the Regional Water Quality Control Board, Santa Ana Region. Motion was made to approve Resubdivision No. 797, subject to the findings and conditions in Exhibit "A". Motion voted on, MOTION CARRIED. RESUBDIVISION NO. 797 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 for the subject property estab- lished as a result of minimum elevations required -34- MMISSIONLR5 May 9, 1985 x x c o C a r • z m o m s C 2 N O L O O am o m>*T City of z a z a z * m MINU I E5 ort Beach INDEX by the Public Works Department and which will be used for measuring building heights are reason - abler in keeping with adjacent properties and public safety; .and the intent of the height limitation ordinance. CONDITIONS: d.)I,L— That a parcel map be filed. 04(VeV HJc1Wer b{ ikirtA ,0, That all improvements be constructed as required by ordinance and the Public Works Department. y That a subdivision agreement and accompanying t^ 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 r That all work within the public right of way be completed under an encroachment permit issued by the Public Works Department. That a storm drain inlet at the Palm Street and Adams Street street ends be constructed and that a valve be installed in the storm drain at Adams Street unless otherwise approved by the Public Works Department. ELM That the intersection of the private drives with Qb�the public streets be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance require- ments. 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. That corner cutoffs, acceptable to the Public OtWorks Department, at the corner of Adams street and East Bay Avenue and and at the corner of Palm Street and East Bay Avenue be dedicated to the public for pedestrian purposes. 4kj. That street, drainage and utility improvement be shown on standard improvement plans prepared by a licensed civil engineer. -35- t bray J, lyHS of Newport Beach 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. a( 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 luminaires with multiple A wiring system shall be provided. �y�.,The landscape plan shall be designed so as to be (J� 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; that all landscaping and non-standard paving surfaces within the public right of way and pedestrian easement be approved for maintenance of the non-standard improvements. That special paving treatment common to the project and coor- dinated with the Fun Zone 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 lihe and for all of Adams Street and the adjacent alley in a manner acceptable to thet Public Works and Planning Departmentst that street signs, tables, benches, planters, and other similar features on site or adjacent to the project site shall be designed with a common theme and shall be approved by the Public Worksl Parks, Beaches, and Recreation; and Planning Departments. awl 2. That any tables in the pedestrian easement area be 1/�/ for for general public use and that no food or beverages be served to customers at the tables by adjoining restaurants. -36- COMMISS10,4 6 «o, 9, 19Ub MiNU I LS x x c o � s f y 9 v m i s m z z MM 9 z M _ ? m City of Newport Beach ROLL CALL INDEX That the existing curb returns at the corner of Mast Bay Avenue and Adams Street be reconstructed with an access ramp; that the existing deteriorat- ed 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; that sidewalk width of 9'-6" on Palm Street be maintained and that a 1'-6" easement for pedestrian purposes be granted to the City; and that an 8 foot wide sidewalk be constructed on East Bay Avenue and that the required additional right of way be dedicated to the City for pedes- trian purposes. That the existing overhead utilities along the �J1 Adams street, alley, and Palm Street frontages shall be undergrounded. 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. �16. That the applicant repair or replace (as de- wke C4 (iftl�� termined by Utilities Department and Public Works Department) any utility damaged through subsidence or any other construction activity related to the proposed development. That during the construction period, a minimum 12 —foot of 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 main- tained at all time$ between June 15 and September 15. 18. 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. r That the applicant shall enter into an agreement and post a bond guaranteeing the repair of all damage to the public street system and/or util- ities that might be caused by the construction process. -37- ROLL '.'n' � MINUTES V\MISSIUi :ER., r.af a x c O = m a = a = T m City of Newport Beach INDEX 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 Depart- ment; Public Works Department; and Parks, Beaches, and Recreation Department. 21. That a traffic signal be installed at the inter- section 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. That the parking garage shall be designed to accommodate short term parking spaces to the satisfaction of the'City Traffic Engineer and the Planning Department; and that the design of all parking levels shall be subject to further review and approval of the City T..affic Engineer. hat the existing 10 foot wide alley between Adams' Street and Palm Street be abandoned prior to issuance of a -building permit; that an ingress, egress agreement be provided between adjacent property owners fronting the existing alley; that the private alley have a minimum width of 18 feet (building separation); and approved by the Public Works Department with relocation of public util- ities coordinated with and approved by local utility companies and public agencies as appropri- ate. O�B Prior to the issuance of building permits, the City may require the applicant to provide documen- tation 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., 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 Depart- ments. -38- 7,Pa)f y 92 C M 00 A A a Z Z= T m City of Newport Beach ROLL CALL All activities that require full or partial street closures, prohibition, heavy truck traffic, large or heavy loads or similar activities shall be approved Engineer. by the Police Department and City Traffic Trucks shall utilize Adams Street and Palm Street V for ingress and egress; closure of Palm Street shall be prohibited at any time. 4�. Construction workers shall utilize public parking i lots at Palm Street and Main Street. The appli- cant shall purchase parking permits in a manner approved by the City. One space for each con- struction worker on the site during the con- struction 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. An engineer's report shall be provided to the City Building Department on the adequacy of the exist- ing bulkhead, including inspection and evaluation of all tie rods, and 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, and that the existing bulkheads be raised to elevation 9.0 (L.L.W.) That the on -site grade for the purpose of measuring building height for the subject project shall be established in accordance with the minimum grades established by the Public Works Department for public walkways and sidewalks adjacent to the pr*ct site. 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 eases pedestrian and public utilities aurooses shall he estimated to be 34.83 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 td be public. INDEX Z+ DIAG -39- ,tWS`!nNERS x x Co 9 7 m z c m Z ,n z m z A = P O= C 2 O C O O z m 0 m a r z z z a z� m -73©©© I. May Citv of Newport Beach That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Motion was made to approve Use Permit No. 3076, subject to the findings and conditions in Exhibit "A", including revised Condition No. 4 as recommended by staff. Motion voted on, MOTION CARRIED. , Use Permit No. 3076 (Review) FINDINGS: MINU ITS INDEX 1. That adequate off-street parking for the proposed restaurant will be provided in the Edgewater Place parking structure. CONDITIONS• 1. That an amended off -site parking agreement shall be approved by the the City Council guaranteeing that a minimum of 73 parking spaces shall be provided on Lots 7, B, 9, 10, 11, and 12, Block 3 of Bayside Tract and Lots 22 and 23, Block A of Bayside Tract for the duration of the restaurant use or until such time as other parking arrange- ments are approved by the Planning Commission. That the applicant shall purchase 73 in -lieu parking spaces in order to provide interim parking for the subject restaurant and related uses-' Said in -lieu parking spaces shall be purchased for that period in which any portion of the existing required parking spaces are not provided in the approved off -site location. �3. Until such time asithe proposed Edgewater Place parking structure is completed, the hours of operation for the Newport Landing Restaurant shall be limited to after 5:00 p.m. on a daily basis, from June 1 to the day after Labor Day. That with the provision of sa ^f� ff* parking • spaces, the "net public area of the Newport Landing Restaurant may be expanded to include the second floor private dining area and adjacent deck that was previously deleted because of inadequate off-street parking. Said expansion of "net public area may not occur until the completion of the Edgewater Place parking structure. , -40- dtA r d �� fu 5-f-M 73 spill s Yeq off 1'Wa V0 UP 3P-VL r M; ]n85 �x C O A 10C _, _ 9 r m i s m o m1 z 2 a m :D o p rr O O m Ctv Of I z a z m>� ' z m Beach 1 ROLL CALL I I I I I I I I I INDEX ,That all previous applicable conditions of ap- proval for Use Permit No. 3076 and Resubdivision No. 765, as approved on June 7, 1984 shall be fulfilled. The Planning Commission recessed at 9:20 p.m. and reconvened at 9:30 p.m. Use Permit No. 3146 (Continued Public Hearing) Request to permit the construction of a two unit residential condominium development and related garages on property located in the R-4 District. Idius B. Resubdivision No. 807 (Continued Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R-4 District. LOCATION: Lot 9, Block 15, Section B, Newport Beach Tract, located at 1516 and 1516k West Ocean Front, on the northerly side of West Ocean Front, between 15th Street and 16th Street, on the Balboa Peninsula. ZONE: R-4 APPLICANTS: Mr, and Mrs. Fred R. Carroll, Huntington Beach OWNERS: Same as applicants ENGINEER: W. R. Haynes and Company, Newport Beach The public hearing opened at this time, and Mr. Fred Carroll, 9182 Carrolltown Drive, Huntington Beach, applicant, appeared before the Planning Commission. Mr. Carroll stated that in reference to Condition No. 2, the applicant has chosen to install only a lavatory and toilet in the basement so as to eliminate the possibility of the basement being used as- a separate -41- Stouffer Restaurants Stouffer Restaurant Company • 29800 Bainbridge Road, Solon, Ohio 44139 • (216) 248-3600 May 2, 1988 Javier Garcia, Associate Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: Plan Check #1058-87 - Parker's Seafood Grill 309 Palm St., Edgewater Place, Newport Beach, CA Dear Javier: REC F (NAY 3 1988, �- CITY C., NE`NPORT ScACI-I CALIF. Mike Cristofono, our General Contractor's superintendent, informed me that per a telephone conversation with you on Friday afternoon, 4/29/88, 3 conditions must still be met before Planning & Zoning approval will be given for our final Certificate of Occupancy. These conditions are as follows: 1. The use of speakers on the terraces was not included on the original Conditional Use Permit #3122 and therefore not permitted at this time. 2. The restaurant owner must prove that the sound produced by the rooftop and other mechanical equipment does not exceed the 55 dBA level at the property line as stipulated in the Conditional Use Permit. 3. The handicapped parking spaces provided must be approved by the Traffic Department. Please be advised that our Operations staff, by copy of this letter, will be instructed to refrain from using the terrace speakers until further notice. Our Legal Department has been advised to pursue an amendment to our Conditional Use Permit for these speakers. However, they will not be used until final approval of the amendment is given by Planning & Zoning. We have also contacted Mestre Greve Associates to survey the property to determine that the actual sound produced by our mechanical equipment does not exceed the 55 dBA level stipulated in our Conditional Use Permit. The results of their survey will be forwarded to you as soon as they are available. Parker's Seafood Grill Planning & Zoning 5/2/88 Pg 2 of 2 Our landlord has informed me that they have been working with the Traffic Department to determine the final location for the required handicapped parking spaces. I am notifying them, by copy of this letter, that these spaces must be allocated, with proper signage posted, proper pavement marking provided and with approval by the Traffic Department. I also understand from Mike Cristofono that by the assurances contained in this letter that the above 3 items will be accommo- dated, our final Certificate of Occupancy will be issued. _R^Vov'I-fI "11 Should you have any questions or comments regarding this, please do not hesitate to call me collect. Sincerely, Kenneth D. Monsman Project Manager KDM:hn cc: Scott Benjamin Mike Cristofono Michael Divaris William Frank Aubrey Glaser Dave Jablonski Jack Mendosa Doug Salisbury Al Strabic Steve Wallace Jack Wyatt �: Mestre Greve Associates Consulting Engineers May 11,1988 Jay Garcia City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Garcia, At the request of Mr. Ken Monsman of Stouffer Restaurants we are providing you with this letter report describing the results of our sound tests of the mechanical equipment operated by Parkers Seafood Restaurant in Newport Beach. The intent of this letter is to demonstrate that the mechanical equipment operated by Stouffers is in compliance with the 55 dBA property line noise level limit as established by the City of Newport Beach for the project. These test results apply to Stouffer operated equipment only, although it appears that the Del Taco fans were also operating during our test. Noise measurements were made on the morning of May 10, 1988 at 9 am. The weather was clear and warm with virtually no breeze at the time of the measurements. The measurements were made at the location shown on the attached figure. This is the location of the nearest adjacent property line with direct line of sight to the rooftop where the Parkers Seafood Restaurant equipment is located. The measurements were made with a Bruel and Kjaer Model 2230 Precision Sound Level Meter and calibrated before and after the measurements with a Bruel and Kjaer Model 4230 Sound Level Calibrator. The microphone height was 5 feet above ground level. At 9 am a 5 minute noise measurement was made with no mechanical equipment operating. During this test sequence many cars passed nearby and aircraft flew over. During the times when no identifiable noise source was audible the minimum noise level recorded was 48.2 dBA. Cars typically were 70 dBA and boat traffic in the bay 55 dBA, and 2 MD-80 aircraft were measured at 70 and 78 dBA respectively. The equipment was then turned on. This included all rooftop exhaust fans and all fan coil units and heat pumps. The measurements were repeated and the minimum noise level recorded during a 5 minute period was 48.0 dBA. Again cars and planes produced noise levels in the 70's during this second test. Clearly the Stouffer equipment is producing a property line noise level less than 55 dBA and therefore meets City of Newport Beach requirements. if you have any questions please do not hesitate to call. Yours Very Truly, '� MESTRE GREVE SSOCIATESc� , F0 Arl 6 Vincent Mestre, P.E. �.9i« C r, :1988 *� ' 280 Newport Center Drive, Suite 230 9 Newport Beach, California 92660 • (714) 760.0891 Empty Lot i HOME" MEASUREMENT Empty Lot 8 Cn -i D m m HOMES MESTRE GREVE ASSOCIATES Exhibit 1 CONSULTING ENGINEERS Noise Measurement Location Map Steo a f fer Restaurants Stouffer Restaurant Company • 29800 Bainbridge Road, Solon, Ohio 44139 • (216) 248-3600 November 16, 1987 Javier Garcia, Associates Planner Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: Plan Check #1058-87 - Parker's Seafood Grill 309 Palm St., Edgewater Place, Newport Beach, CA Dear Javier: Enclosed please find 2 copies of Sheet AC-3, the Air Conditioning Roof Plan dated 11/6/87 for your use. This represents shop drawings ' of the actual equipment to be provided by the HVAC subcontractor. Please incorporate these plans with the record set you have maintained. Furthermore, will you please update me on the status of the revised Terrace Dining Areas sent to you on October 12, 1987. As you can imagine, our Operations personnel are anxious to receive formal approval for occupancy of the terraces revised per your direction. Should you have any questions, please do not hesitate to call me. Sincerely, Kenneth D. Monsman Project Manager KDM:hn Encl. cc: William Frank Al Strabic