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Home My WebLink About607-615 E BALBOA BLVD111111111111111111111111111111 *NEW FILE* 607-615 E Balboa Blvd July 14, 1989 Conditions of Approval Use Permit No. 3337 607-615 E. Balboa Boulevard Plan Check #953-89 Condition OAAe 2 4. pZ 5. 6. 7. �W D--"�8 . Dom 9. ap'901(lo Substantial conformance Approval resubdivision by City & Coastal j,�y Mechanical equipment/ trash screened Signs conformance Coastal Commission approval of use permit No Action Lighting plan signed by licensed electrical engineer or architect Improvements Surety/use permit agreement Water & Sewer laterals 11. Circulation 12. Sight distance Washington/ alley 24" high max landscaping �" O 13 15' radius corner dedicate to public 14. Curb, sidewalk, driveway aaq apron reconstruction Department Planning Planning Planning Code enforcement Planning Action Plans approval Plans approval Resubdivision #891 Lett e co m lianc_e old on - C Separate permit issuance Planning Permit Issuance AIC #218-89 N o. 5-89 Planning Let. from Engineer/ Architect Plans approval Public Works Plans approval Public Works Plans approval Hold on file Public Works Plans approval Traffic Plans approval Public Works Plans approval Planning Public Works Plans approval Public Works Encroachment permit Hold on file M Use Permit No. 3289 Conditions of Approval Page 2 15. Street, drainage, utility improvements �v 16. Vehicular access, alley 017. Sanitation fees 18. Public Works plan check Qi fee and inspection fee 19. Interior noise levels 45 dba �,P 20. Photo survey prior to demolition 04V w21. 2 parking/du 22. Utility relocation Ohms p underground \_ '123. Pedestrian access easement �J�I/►/�7 Parcel 2 to Parcel 1 24. No Action nh eV� 25. 1st floor 4' setback �^ 613 E. Balboa Public Works Planning Building Public Works Planning Planning Planning Public Works Affected Utility Co. w jj- Plans approval Plans approval Permit Issuance Plans approval Certificate of sound verification Hold on final Demo permit issuance Plans approval Plans approval July 14, 1989 Conditions of Approval Resubdivision No. 891 607-615 E. Balboa Blvd. Plan Check #953-89 Condition �� I Parcel Map recordation prior to Bldg, permit �/�% 2. See Use permit 3337, 6 Condition No. 8 owl3. See Use permit 3337, Cond. No. 9 0,hM 1 4. See Use permit 3337, IV Cond. No. 10 5. See Use permit 3337, / Cond. No. 11 4r` �ry 6. See Use permit 3337, �J- Cond. No. 12 7. See Use permit 3337, �llt/ Cond. No. 13 8. See Cond. No. 14 �9. See Cond. No. 15 91,1.0. See Cond. No. 16 11. See Cond. No. 17 vw� --L2. See Cond. No. 18 A , �/�13 . Condos of Approval UP3337 met pu 14. Coastal Approval of Resub prior to recordation fhhI^T)?"15. No Action Department Action Planning/P.W. Permit Issuance Planning Plans Approval Planning AIC218-89 Coastal Dev. Permit #5-89-114 Plan Check No. 9J5%3 00 COMMERCIAL NDUSTRIAL ZONING CORRECTIONS By: m`� Associate Planner Telephone (714) 644-3200 Date, --r��L� � Address: (�/� �� P�S c •_J/ � Corrections Required: 7 Legal Description: hvt Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess $5 000. Lot Size Aln6ei oAet": i glve. i 7 27 C47 09� z 7 39 -0 Zone 3�lv/l 'G/�% % ,8116 Proposed. Use J�G'l9JYLiYl2, G(il2l.J 1 2 / Z Y Required Setbacks": Front Rear Right Side Left Side }% Structural Area: M'ly^ p Buildable Area d,/jm�CGae2n�vLUiQGf/ 4/3 72 • Permitted Area �p� 3 I 3 1� Proposed Area Provide tverlay of calculations y provided square7 Footage. Jhl-A nN&�, Required Parking 1/25'0 4 Proposed parking (Indicate number of stalls provided) Total On -Site Parking _2_6Y-loa4day /14Z, /0 �M 19&_ACr_63 Standard /Q' Compact In -lieu Parking VfL4,�ZZ-' Dimension building height as measured from natural grade to average and maximum roof height :2 6 " w /;4 R / , J,-/ P, ;V 110&LQ/(10 Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from gr directly below. .iCu Indicate location of trash containers on site plan. /yGp��yQ, ,, Number of stories -U / p Floor Plan fully dimensioned showing all room uses. 333 Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to thepropertyline./[J Fair Share Contribution �6 *, v San Joaquin Hills Trar[gportation Corridor Fee (OVER) SPECIAL APPROVAL REQUIRED THROUGH: Mndifications Committee Planning Commission: Use Permit 'jJ 1 Variance 1 1� L( 9Resu Site Plan Rene Tract Site Plan Review Amendment Other - P--Z- 13 Public Works: Easement/Encroachment Permit Curb Cut subdivision Engineer "�^ pj 74� g cj� /v/ Traffic Engineer :aS n�l Approval of Landscape Plat n Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval in Conoept#'A17"k (Note: File 3 sets of plans: plot plan, floor plan, elevations). c0astaL Development Permit No. 5 -f��-// /a� 1pO 1('7a Kbive• 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. x RESIDENTIA ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: By: ana Aslami Associate Planner By:Genia Kaznocha, Assistant Planner By:Scot Ferris, Assistant Planner /- By: Date:Address: &07- � � W22& Corrections Required: Legal Description: 1,9t Block Section Tract Verify legal description with,Public Works Covenant required. Please have owner's signature notarized on the attached document and lreturn to me. � j�Q1 �{ Lot Sizel�007) 2,73L? Zone C Z2. /1 (,p e)q ) Z 7 3 Q `W AL Number of Units 5/f24i• 7 3 6 Buildable Area JAMO 10A pi . Z� �'ZY Maximum Structural Area [bD 6mma••C�a2A) /_Q(Area i cluding exterior walls, stairway(s) on one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Provide ;tissue ,over y of talc �a�tion verifyingproposed square footage. Q(t�/ / G6 Open Space Area cu.ft. (Volume f space equal to buildable width x height limit x six). This area must be at least six feet in any direction (61x 61x 6'), and open on at least two sides, or one side and one end. Recuired Setbacks Front Rear 1 0 ( Right Side Left Side Note: The following are not permitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Other Remarks Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'-01, to the ridge height. nJp,q Allowable mid -point 6 / Allowable ridge height Dimension all elevations from natural grade to: mid-point(s) of roof plane(s) I ridge(s) of roof plane(s) Remarks: Label natural grade and finished grade on all elevations. Distance between buildings PA Maximum Coverage LA Number of Stories RegMLred, Perkin¢: clear inside minimum Ao&aw x 19' single space X / iq 0-V 17'-6" x 19' two spaces !, 8' x 16, third/fourth spaces(s) Label clear inside dimensions of provided parking spaces A �5 Is demolition proposed? 444D yi Number of units to be demolished % d Fyn/i-7j v 1 Fairsha(e Cb �iotr7��JJ7. �-� 9 K Z rMAI � San Joaquin hill T ransp s ortation Corridor Fee n -' ± } ark Dedication Pee GV G .�✓I,f'iu/� z q 17 t SPECIAL APPROVAL REQUIRED THROUGH_ Y " g- Modifications Committee, Indicate Modification Approval No. on plans. 21aification required for nning Use Permit mMiagioA; 1ate 66K-4AO� 'nJ Variance / N1 Resubdivision/Tract Site PI Revie w� '� ✓ � � /3 Other /�'- Public Works: Easement/Encroacbment Permit Subdivision Engineer ePn06'6 Axas ?�. Traffic Engineer 9N 10-f -0 p� / Approval of Landscape Plans Building Department: Grading Engineer Parks Department: I Approval of Landscape Plans A pvroval ReQuired: Approval In Concept (AIC) No. 4 (Note: File 3 sets of plans: site, floor, ato elevations) Coastal development Permit No.— 5— L- i" Nou Categorical Exclusion No. (C.E.O.) (Note: Building permits may be issued 10 days following issuance of C.E.O.) Waiver # Exempt, Because 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showing: ,�(� t��o� location of all buildings, and distance to property lines. 04wi distance from face of curb to front property line (verify with Public Works) second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B.C. or manufacturer specifications. 4. Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits. 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not relieve applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. Planning Commission Meeting January 19, 1989 Agenda Item No. 3 CITY OF NEWPORT BEACH Planning Commission FROM: Planning Department SUBJECT: A Traffic Study No. 53 (Public Hearing) Request to approve a traffic study so as to permit the construction of five mixed use commercial/residential buildings to be constructed on property located in the C-1 District; and the acceptance of an environmental document. AND 77777-77 B. Use Permit _No. _3337 Public Hearin Request to permit the construction of a combined residential/commercial development containing five dwelling units over commercial development on five individual lots located in the C-1 District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces for the commercial uses where the Zoning Code requires that all commercial parking spaces be independently accessible, AND C. Lot Line Adjustment No. 88-7 (Public Hearing) Request to adjust the interior contiguous lot lines of five lots located in the C-1 District. AND D Variance No 1149 (Public Hearing) Request to allow one of the adjusted lots on the subject property to have a width of less than 25 feet where the Zoning Code requires a minimum lot width of 25 feet in the C-1 District. AND " Q '" y �Z�JY� a• r„ l a TO: Planning'Commission-2. E. Coastal Residential Development Permit No. 13 (Discussion) Request the approval of a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the proposed construction of a combined residential/commercial development on property located in the C-1 District. LOCATION:" Lots 4-8, Block 8, Balboa Tract, located at 607-615 East Balboa Boulevard, on the southwesterly corner of East Balboa Boulevard and Washington Street, in Central Balboa. ZONE: C-1 APPLICANT: Balboa Associates, Newport Beach OWNER: Balalis Corporation, Newport Beach Applications These applications involve a request to permit the construction of a combined residential/commercial development containing five dwelling units over commercial development on five individual lots located in the C-1 District. In accordance with Section 20.35.020 of the Municipal Code residential uses are permitted in the C-1 District, subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. The proposal also includes: a request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State Law relative to low and moderate income housing within the Coastal Zone; a request to adjust the interior contiguous lot lines of the .five lots constituting the project site; the approval of a variance so as to allow one of the adjusted lots to have a width of less than 25 feet; the approval of a traffic study; and the approval of a modification to the Zoning Code so as to allow the use of tandem parking spaces for commercial use where the Zoning Code requires all commercial parking spaces to be independently accessible. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code; modification and lot line adjustment procedures are set forth in Chapter 20.81 of the Municipal Code; variance procedures are set forth in Chapter 20.82 of the Municipal Code; and Coastal Residential Development Permit procedures, are set forth in Council Policy P-1. Environmental Significance In accordance with the California Environmental Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared ,s 1 TO: Planning Commission-3. for the proposed project. Based on the information contained in the initial study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Conformance with the General Plan and Local Coastal Proaram. Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses. The proposed residential/commercial development is a permitted use within this designation subject to the approval of a use permit. Inasmuch as the subject project is located in the Coastal Zone, a Coastal Permit will be required prior to the issuance of building permits, A Subject Property and Surrounding Land Uses The subject property is the site of the old Balboa branch of the Bank of America which was converted into a restaurant in 1985. Said restaurant is not currently in operation. To the northeast, across East Balboa Boulevard are commercial buildings and related off-street parking areas; to the southwest, across a ten foot wide alley, is the Rendezvous Condominium development, which contains 24 residential units; and to the northwest is a single story commercial building. Backeround At its meeting of August 22, 1985, the Planning Commission approved Use Permit No. 3164 which permitted the establishment of a restaurant with alcoholic beverages and live entertainment. Said approval also permitted the use of tandem and compact parking spaces in conjunction with a full time valet parking service. The action of the Planning Commission was taken with the findings and subject to the conditions set forth in the attached excerpt of the Planning Commission minutes dated August 22, 1985. It should be further noted that the Planning Commission limited the hours of operation of the restaurant from 11:00 a.m. to 2:00 a.m. daily. At its meeting of October 15, 1985, the City Council sustained the action of the Planning Commission with the changes set forth in the attached excerpt of the City Council minutes dated October 15, 1985. Subsequent to the City Council's approval, the applicant obtained the approval of the Coastal Commission and completed the restaurant improvements. However, the applicant was not able to obtain the necessary license from the State Office of Alcoholic Beverage Control and the restaurant closed shortly thereafter. Analysis The applicant is proposing to demolish the existing building and construct five individual residential/commercial developments on five individual TO: Planning Commission-4. parcels. Four of the parcels will contain 1,000 square feet of commercial floor area (607, 609; 611 and 613 East Balboa Blvd.), and the last and smallest parcel, located at the southwest corner of Washington Street and East Balboa Boulevard, will contain 500 square feet of commercial floor area (615 East Balboa Blvd.). The residential units on each of the interior parcels will contain 2,020 square feet and maintain the same floor plan which includes three bedrooms, three baths, a living room, kitchen and dining room. The residential unit on the corner parcel will contain 1,575 square feet and will have four bedrooms, three baths, a living room and dining room. Required and Proposed Off -Street Parking In accordance with the commercial off-street parking requirement of one parking space for each 250 sq.ft. of floor area, each of Parcels 1-4 require four off-street parking spaces and Parcel 5 requires two parking spaces for a total of 18 commercial parking spaces. As shown on the attached site plan the applicant is providing the required parking on each site; however, he is using a tandem parking design which provides only nine independently accessible commercial parking spaces in the total project, whereas the Zoning Code requires all commercial parking spaces to be independently accessible. The parking requirement for each of the residential units on each parcel is two parking spaces, one of which must be covered. As shown on the attached site plan the applicant is providing five two car garages which are in a tandem configuration. Tandem parking for residential uses is permitted, provided the tandem parking space is used by the same unit using the independently accessible parking space directly behind. Design Problems With Proposed -Off -Street Parking_ In conjunction with their review of the proposed project, the City Traffic Engineer noted that the applicant was proposing 8 foot 6 inch wide commercial parking spaces whereas the new universal commercial parking standards requires a minimum 9 foot width for parking spaces adjacent to walls. In discussing this design deficiency with the applicant, it appeared that in order to provide the required parking space width for Parcels 1-4, each parcel must maintain a minimum width of 28 feet-10 inches± which in turn reduces the width of Parcel 5 to approximately 19 feet-8 inches±. Inasmuch as it is staff's opinion that such a width is inappropriate, the applicant has agreed to withdraw his variance application associated with the substandard lot width on Parcel 5, and as a condition of approval of his use permit, obtain the approval of a resubdivision so as to consolidate Parcels 3, 4 and 5 (611, 613 and 615 East Balboa Blvd.) into a single building site. The requirement for a resubdivision will also eliminate the need for the subject Lot Line Adjustment inasmuch as the adjustment of the lot lines for Parcels 1 and 2 may be accomplished on the same parcel map. It should be noted that the following outline of the major characteristics of the project is based on the above described revisions to the project. f-.' .; -, TO: Planning Commission-5. Major Design Characteristics of the Project The following outline has been prepared which sets forth the major design characteristics of the project. Land Area: Parcel 1 (607 E. Balboa Blvd.): Parcel 2 (609 E. Balboa Blvd.): Parcel 3 (611, 613 & 615 E. Balboa Blvd,): Buildable Area (established by'General Plan): Permitted Gross Structural Area (established by General Plan): Each of Parcels 1-2: Parcel 3 2,739 sq.ft. 2,739 sq.ft. 7,346 sq.ft. Total 12,824 sq.ft. Same as land area 1,369.5 sq.ft. of gross retail floor area, provided the combined gross floor area including covered parking does not exceed 4,382 sq.ft. 3,673 sq.ft. of gross re ail floor area, provided the combined gross floor area including covered parking does not exceed 11,753 sq.ft. 10/�� Proposed Gross Structural Area: Parcel 1 (607 E. Balboa Blvd.): 4,055 sq.ft. Parcel 2 (609 E. Balboa Blvd.): 4,055 sq.ft. Parcel 3 (611, 613 & 615 E. Balboa Blvd.): 10,915 sq.ft. Total 19,025 sq.ft. Permitted Floor Area Ratio , (established by General Plan): 1.6 Proposed Floor Area Ratio: Parcel 1 (607 E. Balboa Blvd.): 1.48 Parcel 2 (609 E. Balboa Blvd.): 1.48 Parcel 3 (611, 613 & 615 E. Balboa Blvd.): 1.49 Total Project: 1.48 Required Setbacks: Front (East Balboa Blvd): 0 ft. Sides: 0 ft. Rear (alley): 10 ft. Proposed Setbacks: Front (Parcel 1): (Parcel 2): 5 ft. on ground floor; 5 ft. on second floor 0 ft on ground floor; 5 ft, on second floor M T0: Planning Commission-6. (Parcel 3): Sides (Parcels 1 & 2): varies 0 ft. to 5 ft. on ground floor; 5 ft. on second floor 0 ft.1 (Parcel 3): 0 ft. on interior property line; varies 0 ft. to 3 ft. on the ground floor and second floor, adjacent to Washington Street Permitted Building Height: Proposed Building Height: Permitted Dwelling Units (as established by General Plan): Proposed Dwelling Units: Parcel 1 Parcel 2 Parcel 3 Required Commercial Parking: (For each of Parcels 1 & 2) (For Parcel 3) Total: Proposed Commercial Parking: (For each of Parcels 1 & 2): (For Parcel 3): 26 ft. average; 31 ft. maximum ridge 25 ft.-6 in.± average height of parapet; 30 ft.± maximum height of parapet 1 DU for each 2,375 sq.ft. of lot area or 1 dwelling for each of Par- cels 1 & 2; and 3 units on Parcel 3 Total Total Commercial Parking Provided Required/Proposed Residential Parking: Proposed Tandem Parking Spaces 1 dwelling 1 dwelling 3 dwellings 5 dwellings 4 spaces each; 10. spaces 18 spaces 8 spaces total 4 spaces each; 2 of which are tandem; 8 spaces total 10 spaces, 5 of which are tandem 18 spaces 2 spaces for each dwelling; 10 spaces total As shown on the attached plans the applicant has designed his commercial off-street parking spaces in a tandem configuration whereas the Zoning Code requires that all commercial parking spaces be independently accessible. 1 It should be noted that Parcel 2 maintains a 5 foot northwesterly side yard setback on the front portion of the parcel. Said setback is to be used for pedestrian access from the street to the adjoining residential units. TO: Planning Commission-7. requires that all commercial parking spaces be independently accessible. However, it should be noted that the Planning Commission has in the past approved tandem parking in conjunction with small commercial developments in Cannery Village, Balboa Island and McFadden Square. The basis of these approvals is that the tandem spaces would be used by employees and that the independently accessible would be available for customer or visitor parking. Staff has no objections to the proposed tandem parking spaces. Traffic Study In accordance with the City's Traffic Phasing Ordinance, the applicant is required to obtain the approval of a traffic study for the proposed residential/commercial development. Said traffic study has been prepared and is attached for the Planning Commission's review. The proposed project is expected to be completed in 1999. Analyses were therefore completed for 1990. The City Traffic Engineer identified six (6) intersections which could be affected by the project at full occupancy. The first- step in evaluating intersections is to conduct a 18 Traffic Volume Analysis, taking into consideration existing traffic, regional growth and the traffic of previously committed projects. For any intersection where, on any approach leg, the project traffic is estimated to be greater than 1% of the projected morning and afternoon peak two and one-half hour volume, Intersection Capacity Utilization (ICU) is required. Results of the one percent test indicate that the project traffic did not exceed 18 of projected traffic on any approach leg of any of the inter- sections evaluated. Therefore no further analysis is required. Coastal Residential Development Permit Inasmuch as the proposed project is located in the Coastal Zone and contains more than two dwelling units, the applicant must comply with Council Policy P-1 which requires the inclusion of low or moderate income housing in the Coastal Zone, where feasible. As indicated in the attached feasibility analysis performed by Tarantello and Company, it will not be feasible for a low or moderate income unit either on -site or off -site in conjunction with the development of the proposed project. Therefore, in accordance with Council Policy P-1, no affordable units are required. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shah. find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, 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. TO: Planning Commission-8. Should the Planning Commission wish to approve these applications, it is suggested that such action be taken with the findings and subject to the conditions of approval as set forth in the attached Exhibit "A". Should the Planning Commission wish to deny these applications, the findings are set forth in Exhibit "B". It should also be noted that the attached exhibits do not include Variance No. 1149 and Lot Line Adjustment No. 88-7, inasmuch as said applications have been withdrawn as a result of the revised parcel configuration of the project. PLANNING DEPARTMENT JAMES D. HEWI\"C�)KEE/1R, Director By... W. William Ward Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission Minutes dated August 22, 1988 Excerpt of the City Council Minutes dated October 15, 1985 Negative Declaration Traffic Study Feasibility Analysis Letter of opposition Colored rendering Site Plan, Floor Plans, and Elevations e' COMMISSIONERS p o aLFOOA a+yao� y c�''o,yo CITY OF NEWPORT BEACH MINUTES January 19, 1989 INDEX ROLL CALL Jame wicker, Planning Director, stated that the applicant requested that this item be continued to the February 9, Planning Commission meeting. * Motion was made and voted on ontinue Use Permit No. Motion to the February 9, 1989, ning Commission All Ayes ,,-3338 meeting. MOTION CARRIED. A Traffic Study No 53 (Public Hearing) Item No.3 Request to approve a traffic study so as to permit the TS No.53 construction of five mixed use commercial/residential buildings to be constructed on property located in the Approved C-1 District; and the acceptance of an environmental document. UP 3337 AND Approved Use Permit No 3337 (Public Hearing) Request to permit the construction of a combined LLA 88-7 residential/commercial development containing five dwelling units over commercial development on five Withdrawn individual lots located in the C-1 District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces for the CROP 13 commercial uses where the Zoning Code requires that all commercial parking spaces be independently accessible. Approved AND Variance C. Lot Line Adjustment No 88-7 (Public Hearine) No. 1149 Request to adjust the interior contiguous lot lines of Withdrawn five lots located in the C-1 District. AND Variance No 1149 (Public Hearing) Request to allow one of the adjusted lots on the subject property to have a width of less than 25 feet where the Zoning Code requires a minimum lot width of 25 feet in the C-1 District. AND -5- • COMMISSIONERS ymgy�^,,�9�s m G�y�o� y\yG�yp9� +; 0D MINUTES CITY OF NEWPORT BEACH January 19, 1989 ROLL CALL INDEX E. Coastal Residential Development Permit No. 13 (Discussion) Request the approval of a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the proposed construction of a combined residential/commercial development on property located in the C-1 District. LOCATION: Lots 4-8, Block 8, Balboa Tract, located at 607-615 East Balboa Boulevard, on the southwesterly corner of East Balboa Boulevard and Washington Street, in Central Balboa. ZONE: C-1 APPLICANT: Balboa Associates, Newport Beach OWNER: Balalis Corporation, Newport Beach Commissioner Pers6n stepped down from the dais because of a conflict of interest. James Hewicker, Planning Director, explained that the 1.6 Floor Area Ratio was established by combining .50 FAR for commercial use, .75 FAR for the residential use, and .35 FAR that was adopted by the General Plan Amendment, allowing for above grade structurized parking. In reference to restrictions on uses that would be permitted on the ground floor of the commercial area, Mr. Hewicker explained that the Planning Commission has the right to add a condition to the use permit that would require a use permit beyond uses that currently require use permits in the event the Planning Commission had concerns regarding intensification of traffic and parking in the area. Mr. Hewicker stated that Lot Line Adjustment No. 88-7 has been withdrawn by the applicant, and that staff has recommended a condition to the use permit which would require the applicant to file a resubdivision. He further stated that the project has been redesigned so that a variance is no longer required; therefore, Variance No. 1149 has been withdrawn. -6- COMMISSIONERS F O�, o yOP�9��Nt^99f O o�q� yo�yC�,0 } CITY OF NEWPORT BEACH MINUTES January 19, 1989 ROLL CALL INDEX Don Webb, City Engineer, requested that Condition No. 14 for Use Permit No. 3337 be modified to state "..that the curb return at the corner of Washington Street and Balboa Boulevard be reconstructed to a 20 foot radius.." instead of 25 foot radius. Mr. Webb requested that Condition No. 25 be added to Use Permit No. 3337 which would state "that the first floor for development located at 613 East Balboa Boulevard be set back a minimum of 4 feet to provide vehicular sight distance at the intersection of Washington Street and East Balboa Boulevard." Mr. Webb explained that the applicant does not have any objections to setting same back; however, be commented that the applicant would like the option to "flip flop" 611 and 613 East Balboa Boulevard and 615 Balboa Boulevard, if necessary. Commissioner Debay suggested that the parking meters in front of the commercial site could be metered to limit the parking to thirty minutes for the commercial uses at the subject site. He said that the site does not include a large area where thirty minute parking is immediately adjacent to a commercial use, and that the metered parking is used by the general public. In response to questions posed by Commissioner Edwards, Mr. Hewicker stated that the subject project would not have any significant environmental impact as stated in the findings in the attached Exhibit "A". Mr. Webb replied that as indicated in the Traffic Study, the proposed uses at the subject site would not have an impact. The public hearing was opened in connection with this item, and Mr. Paul Balalis, applicant, appeared before the Planning Commission. Mr. Balalis presented background information regarding how and why the applicants instituted the concept of the combined residential and commercial development on the subject property. He stated that during the planning stages, the applicants contacted local residents and the commercial community regarding how they would perceive a Specific Area Plan in Central Balboa. He said that the results included lower intensity projects and more individual ownership, and Mr. Balalis concluded the subject project could be considered a prototype of a future Central Balboa Specific Area Plan. 7- "COMMISSIONERS ydG� 1 �99 y v v MINUTES a January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Balalis presented an overview of the proposed project that includes five buildings, each building includes approximately 1,000 square feet of retail space on the lower level and 2,000 square feet of residential space on the upper level. He stated that two parking spaces would be provided for each residential unit, and four parking spaces for each commercial business. Mr. Balalis commented that the corner parcel located on Washington Street would consist of 500 square feet of commercial space on the lower level and approximately 1,500 square feet of residential space on the upper level. Mr. Balalis explained that the combined residential/commercial buildings are similar to units that have been successful in the Cannery Village area, and he commented that the Balboa community requested more of the same types of units. Mr. Balalis referred to staff's comments regarding a condition that would require a use permit for uses that currently do not require use permits, and he cited the additional expense and the time consuming process that would be required. Mr. Balalis cited uses such as a walk-up bank, a full service hair salon, a travel agency, and a flower shop that are no longer available because only tourist -related businesses can survive the rent increases in the area. Mr. Balalis stated that he concurs with the findings and conditions in Exhibit "A", and he concurred with modified Condition No. 14 and added Condition No. 25 as suggested by Mr. Webb. He commented that the sight distance on Washington Street would be improved because of the project's additional setback from the front property line. Mr. Balalis explained that so as to eliminate a solid wall of buildings, the project was designed to set back some of the buildings, to landscape the front, and to extend a portion of the second floor area. Mr. Balalis requested the option to shift the project's buildings, if necessary, which would allow one building on the front property line and another building set back from the front property line. In reference to Condition No. 7 which states "the lighting 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.", Mr. Balalis requested •that said condition be modified to state that instead of an -8- COMMISSIONERS O� GC` No9�P2�'' .r MINUTES January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX electrical engineer that the applicants be allowed to contact the architect of the project to do the design of the lighting and have same approved by staff. In reference to Condition No. 19 which states that "Sound level measurement shall be taken and a certificate of sound verification shall be submitted to the City..", Mr. Balalis suggested that to eliminate an additional expense that an acoustical engineer design the product to meet the 45 dBA only. Mr. Hewicker concurred with the applicants request to modify Condition No. 7. In reference to Condition No. 19, Mr. Hewicker responded that the condition is a mitigation measure in the Environmental Document, and he explained that there have been previous projects where an assembly was recommended by a professional Engineer practicing in acoustics for the purpose of attenuating noise and the City found that the device was not successful. Mr. Hewicker stated that the City would prefer to have evidence on file that the noise levels attenuated to 45 dBA. Commissioner Edwards indicated that the condition should remain inasmuch as the Environmental Document, (6.b.) states that the project will result in exposure to traffic noise. In response to questions posed by Commissioner Winburn regarding the availability of the parking spaces, Mr. Balalis explained that each of the buildings will be secured with a chain to exclude individuals who do not belong on the premises from parking on the site, and he said that the tenants would be able to control the parking. Mr. Bill Wren, 1118 East Balboa Boulevard, representing the Balboa Peninsula Point Association, appeared before the Planning Commission in support of the proposed project. Mr. Wren stated that after the applicant presented the project to said Association, that the members regarded the project to be a prototype of the future Specific Area Plan. He said that the development's size, architectural features, and landscaping would benefit the area. In response to a question posed by Commissioner Edwards regarding said Association's support of the project and their consideration of traffic generation, noise and parking, Mr. Wren explained that the Association supports tandem parking for the commercial area, especially if the front parking spaces are restricted to -9- COMMISSIONERS �A Aaf. FO of Q� mG'f�n yNOy9�9.p 9y 9.c MINUTES January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX employees only. He said that the applicants are providing the required number of parking spaces, and that the parking area would be restricted to tenants and customers only and would not be available to .adjacent businesses. Ms. Betty Noekel, representing the Rendezvous Condominiums, stated that the tenants have been notified of the proposed project and to date they have not received any objections. Ms. Britta Kvinge, President, Balboa Improvement Association, stated that after Mr. Balalis made a presentation to said Association, the members supported the development and specifically, the architectural features of the project. Ms. Kvinge concurred that the project should be considered a prototype of the future Central Balboa Specific Area Plan. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to questions posed by Commissioner Di Sano regarding use permit applications, Mr. Hewicker explained that a use permit can be applied for either by the property owner or by a proposed tenant. He commented that the City is not always informed who submits the one time fee of $867.00. Commissioner Di Sano stated that the project has aesthetic appeal, and he compared that appeal to the Bank of America building that has been on the subject site for sixty years. He commented that the Bank of America clock will be installed on one of the proposed buildings for historical significance. Commissioner Di Sano stated that the Bank of America building is a buffer within a heavily used retail area, and he addressed his concerns regarding the intensification of commercial uses that could be established on the subject site, i.e.: a versateller machine, nail salon, and ,muffin shop. Commissioner Rdwards referred to Condition No. 11, and he stated that he has concerns regarding on -site parking, vehicular and traffic circulations, and he questioned if they could be alleviated? Mr. Webb responded that staff has concerns regarding tandem commercial parking; however, he said that there have been no complaints regarding tandem parking within the' Cannery Village and Balboa Island areas. -10- MINUTES zuary 19, 1989 ROLL CALL INDEX Commissioner Merrill stated that he had concerns regarding the generated traffic as it was discussed during the General Plan public hearings; however, he pointed out that the project has the support of the community. Motion was made to approve Use Permit No. 3337, Coastal Motion * Residential Development Permit No. 13, Traffic Study No. 53, and related Environmental Document, subject to the findings and conditions in Exhibit "A", including amendments to Use Permit No. 3337 as follows: Condition No. 7 "...plans shall be prepared and signed by a licensed Electrical Engineer and/or architect, with a letter from the Engineer and/or architect,...", Condition No. 14 "..Balboa Boulevard be reconstructed to a 20 foot radius...", and Condition No. 25, "That the first floor development on property located at 613 East Balboa Boulevard be set back a minimum of 4 feet to vehicular sight distance at the intersection of provide Washington Street and East Balboa Boulevard including the option to "flip-flop" the buildings located at 611 613 East Balboa Boulevard." and In response to concerns expressed by Commissioner Debay regarding retail uses that would be permitted within the project, Mr. Hewicker explained that under the proposed of the C-1 District, all retail uses would be provisions permitted without a use permit unless the Planning Commission added a condition stating otherwise. In response to a question posed by Commissioner Merrill regarding Condition No. 24 that allows the Planning Commission to call up the use permit, Mr. Hewicker explained that the Planning Commission could call up the use permit if tandem parking or some operational characteristics of the proposed development becomes a problem. Carol Korade, Assistant City Attorney, explained that it would be very difficult to evict a tenant unless said tenant does not follow the guidelines of a use permit. Discussion ensued between Commissioner Merrill and Mr. Hewicker regarding walk-up bank tellers, and any traffic congestion created by said business would become a Public Works or police problem. In response to questions posed by Commissioner Edwards regarding the foregoing Condition Nd. 11, Mr. Hewicker stated that it is a standard condition that is put on a use permit application by the Traffic Engineer in order to do minor parking and circulation adjustments. Mr. Webb explained that the original circulation plan that is submitted to the Traffic Engineer does not have -11- COMMISSIONERS yAGi� 9v, 99 q 9 9� JIVIr `rit'o CITY OF NEWPORT BEACH MINUTES January 19, 1989 ROLL CALL INDEX sufficient dimensions for the Traffic Engineer to check to be certain that their concerns are met. In response to questions posed by Commissioner Debay, Commissioner Winburn explained that the project is proposed to provide 100 percent of the parking on -site and it is located within one-half block of the Municipal Parking Lot. The public hearing was reopened in connection with this item, and Mr. Balalis reappeared before the Planning Commission. Mr. Balalis stated that the applicants would comply with an added condition that would require a future tenant to apply for a use permit for specific uses, and he suggested that the uses under the C-1 District may need to be reviewed by the Planning Commission and City Council inasmuch as some uses do not require use permits. Mr. Hewicker stated that it would be difficult to compare the many different types of commercial centers within the City. Chairman Pomeroy stated that the residents of the area support the project, that the development provides the required parking, that it is not a massive project, and that it complies with the requirements of the adopted General Plan Amendment. * * * Motion was voted on to approve Use Permit No. 3337 as Ayes * * modified, Coastal Residential Development Permit No. 13, Abstain * Traffic Study No. 53, and related Environmental Absent * Document. MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. B. Traffic Study No. 53: Approve the traffic study with the following findings and subject to the following conditions: -12- "COMMISSIONERS A Nall. c'syo MINUTES January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Findings: 1. That a traffic study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S-1. 2. That the traffic study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any "major", "primary -modified", or "primary" street. 3. That the traffic study indicates the project - generated traffic will not be greater than one percent of the projected peak 2.5 hour volumes at any approach of any intersection analyzed. C. Use Permit No. 3337: Approve the use permit with the following findings and subject to the following conditions: Findings: 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 3. That the design of the development 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 development. 4. The approval of the modification to the Zoning Code so as to allow the use of tandem commercial parking spaces 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 and further that the proposed -13- COMMISSIONERS yma�� 9o99�yyyyvs, (41 Y CITY OF NEWPORT BEACH MINUTES January 19, 1989 ROLL CALL INDEX modification is consistent with the legislative intent of Title 20 of this Code. 5. The approval of Use Permit No. 3337 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. Conditions VP 333 "? 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That prior to the approval of building permits the applicant shall obtain the approval of a resubdivision from the City and the Coastal Commission so as to resubdivide the five existing lots into three parcels in accordance with the approved site plan. 3. That all mechanical equipment and trash areas shall be screened from Washington Street, the alley and adjoining properties. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 6. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 7. That the lighting system for the proposed project shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer and/or architect; with a letter from the Engineer and/or architect stating that, in his opinion, this requirement has been met. -14- COMMISSIONERS;?'Le MINUTES V, 1P January 19, 1989 ym � 90,�9 v N'v d� Gc�.pO�i9yp CITY OF NEWPORT BEACH INDEX ROLL CALL 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 10. That each dwelling unit and commercial unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 11, That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 12. That the intersection of Washington Street and the alley drive be designed to provide sight distance as approved by the Public Works Department. Landscaping within the sight line shall not exceed twenty-four inches in height. 13. That a 15 foot wide radius corner cutoff at the corner of Washington Street and Balboa Boulevard be dedicated to the public. 14. That deteriorated curb and sidewalk be reconstructed along the Balboa Boulevard and Washington Street frontages, that the drive apron on Balboa Boulevard be removed and that the curb return at the corner of Washington Street and Balboa Boulevard be reconstructed to a 20 foot radius with a handicap ramp included. All work' shall be completed under an encroachment permit issued by the Public Works Department. 15. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 16. That all vehicular access to the property be from the adjacent alley. 17. That County Sanitation District fees be paid prior to issuance of any building permits. -15- COMMISSIONERS,x3; MINUTES January 19, 1989 y yy r0j-.y C� vO w CITY OF NEWPORT BEACH. INDEX ROLL CALL 18. That the Public Works Department plan check and inspection fee be paid. 19. The interior noise levels of the residential units will be reduced to achieve a maximum sound level of 45 dBA, through proposed mitigation measures. These measures shall include, but not limited to, sound insulation and double glazed glass. Sound level measurement shall be taken and a certificate of sound verification shall be submitted to the City before the issuance of the certificate of occupancy. 20. A photo survey of the building will be conducted before the issuance of the demolition permit, and these photos will be maintained in the photo collection of the Balboa Pavilion. 21. That a minimum of two garage parking spaces shall be provided for each dwelling unit. 22. That the existing utility poles located adjacent to the alley shall be relocated or undergiounded so as not to interfere with required access to on -site parking spaces. Said relocation shall be subject to the approval of the Public Works Department and any affected utility company. 23. That an easement for pedestrian access be granted from Parcel 2 for the benefit of Parcel 1. 24. That the Planning Commission may add to 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. 25. That the first floor development on property located at 613 East Balboa Boulevard shall maintain a minimum front yard setback of 4 feet so as to provide sight distance at the .intersection of Balboa Boulevard. The Washington Street and East applicant has the option to "flip-flop" the proposed buildings located at 611 and 613 East Balboa Boulevard. -16- ' 'COMMISSIONERS $ 11116 vOH 9O�?r (`�00y0 CITY OF NEWPORT BEACH MINUTES January 19, 1989 INDEX ROLL CALL D. Coastal Residential Development Permit No. 13 Findings: 1. That a feasibility analysis has been performed which has indicated that it is not feasible to provide affordable housing on -site or off -site in conjunction with the proposed project. 2. That the proposed development has met the requirements of City Council Policy P-1. Condition: 1. That all conditions of approval of Use Permit No. 3337 shall be fulfilled. Item No.4 use Per IL LNO. JVIV (Public Hearing) UP 3076 R uest to consider reviewing Use Permit No. 3076 of the Ne rt Landing Restaurant and Use Permit No. 3122 UP3122A (Amen d) of the Edgewater Place complex, including the Parker' Seafood Grill and the Edgewater parking Continued structure n Central Balboa. to 2-9-89 LOCATION: Lots 1-12, an unnumbered lot, and a rtion of a vacated alley, all in Block 3 f the Balboa Bayside Tract; Lots 22 and , Block A of the Bayside Tract; and a por , on of vacated Edgewater Place, located t 309 Palm Street and 503 Edgewater ace, on the northerly side o East Bay Av us between Palm Street an Adams Street, Central Balboa. ZONE: C-1 OWNERS: Douglas L. Salisbur Irvine (Newport Landing Restaurant); M ael B. Divaris, Virginia Beach, VA (Edgew er Place) "I Commissioner Pers6n stepped down from the is because of a possible conflict of interest. James Hewicker, Planning Director, presented a rig report regarding why the subject use permits were b n reviewed by the Planning Commission. He stated that t -17- C1. Planning Commission Me 31_hg February'9, 1989 Agenda Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: esubdivision No. 891 (Public Hearing) Request to resubdivide five existing lots into three parcels of land for combined residential/commercial development on property located in the C-1 District. LOCATION: Lots 4-8, Block 8, Balboa Tract, located at '607-615 East Balboa Boulevard, on the southwesterly corner of East Balboa Boulevard and Washington Street, in Central Balboa. ZONE: C-1 APPLICANT: Balboa Associates, Newport Beach OWNER: Balalis Corporation, Newport Beach ENGINEER: Valley Consultants, Inc., Santa Ana ADDlications This application involves a request to resubdivide five existing lots into three parcels of land for combined residential/commercial development on property located in C-1 District. Resubdivision procedures are set forth in Section 19.12.040 of the Municipal Code. Background At its meeting of January 19, 1989, the Planning Commission approved (5 Ayes, 1 Abstain, 1 Absent)Use Permit No. 3337 which approved the construction of a combined residential/commercial development containing five dwelling units over commercial development on the subject property. Inasmuch as the site is currently comprised of five individual lots, the Planning Commission's approval included a condition which required the applicant to resubdivide the subject property into three parcels as shown on the approved site plan. Said parcelization was necessary in order to insure that each parcel conformed with the allowable residential density established by the General Plan and minimum lot size required by the Municipal Code. Attached for the Planning Commission's "information is an excerpt of the January 19, 1989 draft Planning Commission minutes. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions). t✓p ' T0: : Planning Commission-2.Y� Conformance with the General Plan and Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses. The proposed residential/commercial development is a permitted use within this designation, subject to the approval of a use permit. Inasmuch as the subject project is located in the Coastal Zone, a Coastal Permit will be required prior to the recordation of the parcel map. Subject ProRerty and Surrounding Land Uses The subject property is the site of the old Balboa branch of the Bank of America which was converted into a restaurant in 1985. Said restaurant is not currently in operation. To the northeast, across East Balboa Boulevard are commercial buildings and related off-street parking areas; to the southwest, across a ten foot wide alley, is the Rendezvous Condominium development, which contains 24 residential units; and to the northwest is a single story commercial building. Analysis The subject property is comprised of five lots which are each 27 feet wide and 95 feet deep and contain 2,565 square feet each. Said lots were established in conjunction with the recordation of the Balboa Tract in 1905. As shown on the attached tentative parcel map, the applicant is proposing to resubdivide the five existing lots into three parcels so as to conform to the site plan approved in conjunction with Use Permit No. 3337. The following table has been prepared which sets forth the characteristics of the proposed parcels: Parcel No. Parcel Size Parcel Area 1 28,83 ft. x 95 ft. 2,738.85 sq.ft. 2 28.83 ft. x 95 ft. 2,738.85 sq.ft. 3 77.34 ft.l x 95 ft. 7,347.30 sq.ft. Each of the three parcels fully conforms to the commercial and residential design standards established by the General Plan and the Zoning Code. Soecific Findings Chapter 19.12 of the Municipal Code provides that in order to approve a subdivision, the Planning Commission and the City Council shall determine that it is satisfied with the plan of subdivision, that the map is in conformity with the requirements of Title 19, all ordinances of the City and all applicable general and specific plans. Should the Planning Commission wish to approve this application, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. 1 The attached Parcel Map incorrectly shows Parcel 3 as 78.34 feet wide. I TO: i"x Planning Commission-3.21,11 In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (b) That the design or improvement ,of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. It is staff's opinion that none of the above findings may reasonably be made in this case, and therefore no exhibit for denial has been provided. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Ey:J', Q SJ W. William Ward Senior Planner Attachments: Exhibit "A" Vicinity Map Excerpt of the Draft Planning Commission Minutes dated January 19, 1989 Letter of Approval Tentative Parcel Map COMMISSIONERS MINUTES February 9, 1989 CITY OF NEWPORT BEACH. INDEX ROLL CALL uest for Continuances: Request for Jame Hewicker, Planning Director, indicated that Chris Continuanc Stephen applicant, has requested that Item No. 4, Use Permit No. 3338, property located at 2421 - 16th Street, regarding t construction of garages and carports, be continued to a February 23, 1989, Planning Commission meeting so as to a heard concurrently with another item on that agenda. Mr. Hewicker stated th staff has requested that Item No. 7, Use Permit No.:30 Newport Landing Restaurant, and Use Permit No. 3122 ( ded), Edgewater Place and Parker's Seafood Grill, be c tinued to the March 9, 1989, Planning Commission meetin Motion was made and voted on to cont i ue Use Permit No. Motion * 3338, to the February 23, 1989, Pla ing Commission All Ayes meeting. MOTION CARRIED. Motion * Motion was made and voted on to continue Use mit No. 9, Ayes * * * * * * 3076, and Use Permit No. 3122 (Amended), to the ch Abstain * 1989, Planning Commission meeting. MOTION CARRIED. esubdivision No 89 (Public HearinQl Item No.l Request to resubdivide five existing lots into three R891 parcels of land for combined residential/commercial development on property located in the C-1 District. Approved LOCATION: Lots 4-8, Block 8, Balboa Tract, locate at 607-615 East Balboa Boulevard, on the southwesterly corner of East Balboa Boulevard and Washington Street, i Central Balboa. ZONE: C-1 APPLICANT: Balboa Associates, Newport Beach OWNER: Balalis Corporation, Newport Beach F ENGINEER: Valley Consultants, Inc., Santa Ana Commissioner Pers6n stepped down from the dais because of a possible conflict of interest. -2- COMMISSIONERS ; ;• }t MINUTES February 9, 1989 CITY OF NEWPORT BEACH INDEX ROLL CALL The public hearing was opened in connection with this item, and Mr. Paul Balalis, applicant, appeared before the Planning Commission. Mr. Balalis stated that he concurs with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Resubdivision Motion * No. 891, subject to the findings and conditions in Ayes * * x r Exhibit "A". MOTION CARRIED. Absent * FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 0 the Newport Beach Municipal Code, all ordinances o the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents n problems from a planning standpoint. 4. That public improvements may be required of developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions• 1. That a parcel map be recorded prior to issuance o building permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared using the State Plan Coordinate System as a basis of bearing. 2. That all improvements be constructed as required b Ordinance and the Public Works Department. .' 3. That a standard Subdivision Agreement an accompanying surety be provided in order t guarantee satisfactory completion of the publi improvements if it is desired to record a parcel map or obtain a building permit prior to completio of the public improvements. -3- �• MINUTES COMMISSIONERS G # o o �. Fo °• o� 9 9Ay9t C� os o CITY ROLL CALL 4. 5. 6. 7, 8 9 1 7 February 9, 1989 OF NEWPORT BEACH That each dwelling unit and commercial unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. That the on -site vehicular and pedestrian circulation system be subject to further review by the City Traffic Engineer. That the intersections of Washington Street and the alley drive and Washington Street and East Balboa Boulevard be designed to provide sight distance as approved by the Public Works Department. Landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. That the first floor development on property located at 613 East Balboa Boulevard be setback a minimum of 4 feet to provide vehicular sight distance at Washington Street and East- Balboa Boulevard. That a 15 foot radius corner cut-off at the corner of Washington Street and East Balboa Boulevard be dedicated to the public. That the deteriorated curb and sidewalk be reconstructed along the East Balboa Boulevard and Washington Street frontages, that the drive apron on East Balboa Boulevard be removed and that the curb return at the corner of Washington Street and East Balboa Boulevard be reconstructed to a 20 foot radius with a handicap ramp included. All work shall be completed under an encroachment permit issued by the Public Works Department. That street, drainage and utility improvements be shown on standard improvement plans prepared by licensed civil engineer. 0. That all vehicular access to the property be the adjacent alley. F r• r 1. That County Sanitation District fees be paid F to issuance of any building permits. 2. That the Public Works Department plan check inspection fee be paid. -4- INDEX COMMISSIONERS '.! 4 o -0� ��p Gam, ROLL CA MINUTES February 9, 1989 ti0 ` CITY OF NEWPORT BEACH LL INDEX 13. That all conditions of approval of Use Permit No. 3337 shall be fulfilled. 14. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 15. 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. I tem No.2 equest to amend a previously approved use permit which OP3195 p mitted a lobby expansion of an existing hotel and the corsion of said hotel to a bed and breakfast facility Approved whic includes the service of a continental breakfast and a oholic beverages to hotel guests only. The propose use permit amendment includes a further expansion f the bed and breakfast facility so as to allow the c version of an existing retail space into a hotel lobby, ecutive offices and related storage. The proposal also eludes a request to permit the service of food and ale olic beverages to the general public within the existin and proposed lobby areas. LOCATION: Lots 3, 4, and portion of lots 29 and 30, Block 23, Newport Beach Tract, located at 2306 West cean Front, on the northerly side of Wes Ocean Front, between 23rd Street and 2 h Street, adjacent to the Newport .Pier rking lot in McFadden Square. ZONE: SP-6 APPLICANT: Circa Designs, Laguna Be ch OWNER: Piero Serra, Newport Beach James Hewicker, Planning Director, ,and C missioner Pers6n discussed the applicants' delay in submi Jug the entire project to the Planning Commission. The public hearing was opened in connection with is item, and Mr. Jim Skaug, applicant, appeared before t Planning Commission. Mr. Skaug responded to the -5- Pc. 9 S3-$� ReceIvePf"fup JUtpRs �1989 6. 4 MEMORANDUM Date: July 3, 1989 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: RESUBDIVISION NO. 891 RELEASE FOR RECORDATION The original parcel map for the subject resubdivision will be submitted to this department for the City Engineer's signature. Please note any comments that the Planning Department may have: [ ] a) The parcel map may be released for recordation. V] b) Prior to the release of the parcel map, the following is required: 72� Paul M.Medina Subdivisions 06,o 6� �0.Jk V2tJ11G0.A �C C$ Qu✓ fie..., 5 Y. 0 i Lww) A Yeae'ace�� I vmi �I ah'07A I r dy4216+ LomM•1/2��518+ 6 62. 98+ � � 1 I Cvedi-� 3853�+ 6 11 II I 1 r , r I I r I I I I 1 1 , ' I I !I - _ r, I , I i . l _ 1 1 71 I I , I - - - - - 1-7 - - - -� -I- - - - - - _ I 1 - -45f- - I IF --- ,r - I I , _ _ „ rr I I I I 1 r I -r