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HomeMy WebLinkAbout4030 E COAST HWY_KIRKWOOD MOTEL*NEW FILE* 4030 E Coast Hwy I RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No:��0 By:Dana Aslami Associate Planner y Genia Kaznocha Assistant Planner By:Scot Ferris Assistant Planner By: 02/ O Address. Date: Corrections Required: Legal Description: Lot _L Block Section Tract 42 Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached Ip document and return to me. 'Tw�z"*tee,.! Lot Size r Zone oo/v Number of Units Af Buildable Area Q& 52 Maximum Structural Area (Area including exterior walls, stairway(s) on one level ancj se ui ed pq lging). x buildable area. Proposed Structural Area: vv x buildable area. Provide tissue verlay, of calculations verifying proposed square footage; 0 n/ Space Area cu.ft. (Volume of space equal to buildable width 0+Lx height limit x six). This area must be at least six feet in &ny direction v5 (61x 61x 61), and open on at least two sides, or one side and one end. r OAS/ Required Setbacks AFD- _ Front�cJ F� 12J� I-eM _1 Rear Right S+dT Left Side• cJ Note: The following are not permitted to encroach into required setback: Balconie Fireplaces Decks Bay/Garden Windows Height Limitation Measured from natural grade to mid -point of y1 5'-0" to the ride height. (Allowable mid -point _ 5�me. 14 T S ks Dimension all elevation �� mid-point(s) 1p(/ Remarks: Label natural grade and finished grade on all elevations. /U Distance between buildings Maximum Coverage 2�_ IA Number of Stories ' —I� Code allow$) an a(tiona)l p�W .271rade S&We e4L6u*i-T/OAi.S`AA9 from to 7lp s'NpW /Krw S �# of roof plane(s) ridge(s) of roof plAn Required Parking: clear inside minimum 9'-4" x 19' single space 17'-6" x 19' two spaces 8' x 16' third/fourths spaces(p) Label clear inside dimensions of provided parking spaces SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee. Indicate Modification Approval No. on plans. Modification required for Planning Commission: ./ ' Use Permit f/����,t'r n �/y/ Variance � ResubdivisleviTract Site Plan Review 5f4 Other Public Works: Easement/Encroachment Pdrmit Subdivision Engineer 71A Traffic Engineer ) Approval of Landscape Plans Building Department: Grading Engineer l Parks Deoartmend 4wp�' � I�1 Approval of Landscape Plans � QQ Coast 1 A roval Required: / 7 "7 _ r c7 7 Approval In Concept (AIC) No. O / ! /I / (Note: File 3 sets of plans: site, floor, and elevations) Coastal development Permit No. Categorical Exclusion No. (C.E.O.) (Note: Building permits may be issued 10 days following issuance of C.E.O.) Waiver # Exempt, Because Miscellaneous J 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. - 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 cove s and other freestanding structures require separate reviews and permits. 6 1A) 052©atIr 5. Association Approval (Advisory). Issuance of a Building Permit by the City does not —lieve applicant of legal requirement to observe covenants, • conditi• nd restrictions which may be recorded against the property or to ,G ail -ity association approval of plans. RESIDENTIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No:�9_ By:Dana Aslami Associate Planner r_Genia Kaznocha Assistant _ u.,.ier By:Scot Ferris Assistant Planner By: y Date:=�/ Address:�� O�/lJ/� yO Corrections Required: Legal Description: Lot Block Section Tract /E�L�& Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size �J/n� �� Zone 3 �90 per/ Number of Units �O Buildable Area �� � 1 023 Maximum Structural Area (Area including exterior walls, stairway(s) on one level and required parking). x buildable area. Proposed Structural Area: x buildable area. Prov a tissue verlay of calculations verifying proposed square footage_, 0 n Space Area cu.ft. (Volume of space equal to buildable width x height limit x six). This area must be at least six feet in any direction (61x 61x 61), and open on at least two sides, or one side and one end. Reeuired Setbacks rr Front�5 / Rear 0/ Right Sids-c' i Left Side_ cJ Note Decks Height Limitation The following are not permitted to encroach into required setback: Balconie ��� Fireplaces Bay/Garden Windows Measured from natural grade to mid -point of roof. Code allow an ad ition 5'-0" to the ridge height. /� / � 1, ) �� / ( t�� Allowable mid -point Allowable dge height Dimension all elevations from natural grade to:, mid-point(s) of roof plane(s) ridge(s) of roof plane(s) Remarks: i _ Label natural grade and finished grade on all elevations. Distance between buildings f7% Maximum Coverage Number of ies —� Required Parking: clear inside minimum 9'-4" x 19' single space 17'-61, x 19' two spaces 8' x 16' third/fourth spaces(s) Label clear inside dimensions of provided parking spaces Is demolition proposed?y� �j ,dumber of units to be demolished 0210 Contribution Dedication Fee SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee. Indicate Modification Approval No. on plans. Modification required for Planning Commission: ///��� Use Permit W ^/r �//7 Variance �' SiteResuPlan Review /I_ Site Plan Review �'l pp iQW� Other C�x'�p� / Public Works: � � Easement/Encroachment—Permit Subdivision Engineer 7 Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans ^i� Coast 1 A roval Re uired: / �` 7 _� R Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal development Permit No. Categorical Exclusion No. (C.E.O.) (Note: Building permits may be issued 10 days following issuance of C.E.O.) Waiver # Exempt, Because Miscellaneous ,fr�< 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. 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 spdcifications. 4. Pools, spas, walls, fences, patio cove s and other reestanding structures require separate reviews and permits. = v G ' 110 �20IJTAgAcl< 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. k . I rNr°rrA� srT F'� �N ANALYSIS ' :r tNFOR1��� A. - ffOm lj 3.8 to R3_B 0 696) SPR p q fi0_t'9il ' . Proposed zgne • 2, rrpygya-�. —Y� with bolori grade tg„unl•t gond_4(+llnium pro194t• 47 spaces - ID on4OMl consistl•ng of `Off-street P - ne slat-l49 _ 3., .,400 00) 5+ 10000 '1 (300 200000 Unit Unit 2 (2000) 6 2yO�Q Unit 3 (1600) 1100) U��n,,eiitee��4 ( 900 to _1�• - � q, MlAlnnaoua Building Areas 2.784 SF 'Structure) 680 a. Storage (PnrKln9. 1,82& b. MOO IcaI Roam 970 ` C. Elev`'a br- obbY,or d. Stairs &vat2246 Ara tl & Misc. Areas y _ ., 6. dross Building n • A r 8, _ required'° 45 2.6 space' 'or unit P rOJlded_.. 14,500 SF ., 47 total parking spaces Total gross area Of parking nEA ANAL •'B. � 70ta1 site area) :8G • BUlldablo Area 1 .., gross Set-bacKs ~ Area of BulldlnlL _ _ - •_.r- ..,.1a' _ 4,700 SF - 1,p00 SF Front .. ,_..» ..10,, _ 612 SF ' .hear =. - 4, 6.632 SF Sides Totals 37, 018 SF 3.- Nat MU Idab le Area (B.l •.+ 8.2) "9, 173 SF .• ' BUCK Ou11Y open Space Area - q.-. 0 OOR 1, Concept A°....0ross Buildable area x 1.5' - _ x 1.6 86.476 $F ' 43,860•SF , 2., Concept B. BucKe0u11YdAbOa gxeBuile a 8 43.650 SF -9,173 SF ' 51,71G SF x 1.6 v 39,669 Sr Building Area 3. gross r 611 sc. Areas 0 E FINAL FINDINGS AND CONDITIONS APPROVED BY CITY COUNCIL ON SEPTEMBER 11, 1989 FOR GENERAL PLAN AMENDMENT NO. 89-1, LOCAL COASTAL PROGRAM AMENDMENT NO. 17, ORDINANCE NO. 89-25 (AMENDMENT NO. 682) SITE PLAN REVIEW NO. 50, COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 16 TENTATIVE MAP OF TRACT NO. 14028 ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimise impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul rc ites, access points to the site, watering and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the 0 0 FINAL FINDINGS AND CONDITIONS PAGE 2. site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue shall be designed to prox de adequate sight distance from behind the sidewalk for automobiles exiting the structure. 12. Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. GENERAL PLAN AMENDMENT 89-1(Cl Adopt Resolution No. 1195, recommending approval of General Plan Amendment 89-l(C) to the City Council. LOCAL COASTAL PROGRAM AMENDMENT NO. 17. Adopt Resolution No. 1196, recommending approval of Local Coastal Program Amendment No. 17 to the City Council. 0 FINAL FINDINGS AND CONDITIONS PAGE 3. D. AMENDMENT NO. 682. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-13 to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be implemented without the proposed amendment. E. SITE PLAN REVIEW NO. 50. Findings: 1. That the project is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. 2. Adequate off-street parking is being provided in conjunction with the proposed development. 3. 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. 4. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. 6. That the design of 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. 7. The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the u 101 FINAL FINDINGS AND CONDITIONS PAGE 4. proposed modification for the project identification sign is consistent with the legislative intent of Title 20 of this Code. ' Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. That a minimum of two parking spaces for each dwelling unit plus one- half guest parking space for each dwelling unit be provided on -site. 3. That tandem parking spaces be assigned to specific dwelling units. 4. That guest parking spaces be independently accessible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed .and approved by the City Traffic Engineer. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and,the design and location of a permanent in gation system. Said landscape plan shall be subject to the review and a: proval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required. 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa FINAL FINDINGS AND CONDITIONS PAGE 5. Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 13. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. 16. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property line setback. 17. That all signs shall meet the requirements of the Sign Code. That the project identification signs shall not exceed 6 square feet in area. 18. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light. 19. That no construction take place on Saturdays, Sundays, or City -observed holidays; however, the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. , F COASTAL RESIDENTIAL DEVELOPMENT PERMIT N0.16 Finding: 1. That the proposed development has met the requirements of City Council Policy P-1. e Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which N FINAL FINDINGS AND CONDITIONS PAGE 6. guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty-five years. G. TENTATIVE MAP OF TRACT NO. 14028 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 design of the subdivision. 2. That the proposed subdivision 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 public improvements may be required of the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. Conditions: 1. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. FINAL FINDINGS AND CONDITIONS PAGE 7. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivigion agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. 5. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110-L. Slopes, 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. 6. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the comer of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shallbe the responsibility of the developer. A FINAL FINDINGS AND CONDITIONS PAGE 8. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required. Caltrans approval is required for any encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be mimm;zed by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right-of-way. Prior to issuance of any grading permits,'a parking plan for workers must be submitted and approved by the Public Works Department. �b TO: Planning Commission - 14. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required. Caltrans approval is required for any encroachments into the storm drain easement. ° 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state' and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right-of-way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 7� OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gowmor CAUFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 590-5071 Date: 3-1=90 Permit No. 5-89-923' NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on October 30,1989 and was reported to the Commission on November 16, 1989 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. PETER M. DOUGLAS 'Executive' Director 8y: Titl VK:sa 3692D 11 STATE OF CAUFORNIA—THE RESOURCES AGENCY 'CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 590-5071 GEORGE DEUKMEJIAN, Go"mor 1 I lcu. Vb YVVcI �(., IJNJ 49th Day: November 30, 1989 :'mow' 180th Day: April 10, 1990 Staff: V Komi VJ� Staff Report: October 16, 1989 Hearing Date: November 14-17, 1989 Commission Action: STAFF•REPORT: CONSENT CALENDAR APPLICATION NO.: 5-89-923 APPLICANT: Buck Gully Associates AGENT: Michael Crall & Assoc. PROJECT LOCATION: 4030 East Pacific Coast Hwy., Corona del Mar PROJECT DESCRIPTION: Demolish 20 unit motel, construct 24 foot 8 inch high, 39,659 square foot 18 unit condominium with 14,500 square foot, 47 space basement garage. Lot area: Building coverage: Pavement coverage: Landscape coverage: Parking spaces: Zoning: Plan designation: Project density: Ht abv fin grade: 43,650 sq. ft. 18,063 sq. ft. N/A 25,587 sq. ft. 47 Multi -family Residential 24 ft. LOCAL APPROVALS RECEIVED: Newport Beach Approval in Concept SUBSTANTIVE FILE DOCUMENTS: Newport Beach Certified Land Use Plan, City of Newport Beach Planning Department Staff Recommendation for City Council Meeting September 11, 1989 City of Newport Beach City Council Meeting Minutes September 11, 1989 City of Newport Beach Planning Commission Meeting Minutes for August 10, 1989 City of Newport Beach Planning Commission Staff Report for August 10, 1989 SUMMARY OF STAFF RECOMMENDATION: Staff recommends approval with zonditions regarding landscaping, drainage and geology. 5-89-923(Buck Gully ASSOC.) Page 2 STAFF RECOMMENDATION: The staff recommends that the Commission adopt the following resolution: I. ADDroval with Conditions. The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the'permit must be made prior to the expiration date. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5-89-923(Buck Gully Assoc.) Page 3 III. Special Conditions. Landscape Plan. 1. Prior to issuance of permit, the applicant shall submit for review and approval by the Executive Director landscaping plans which incorporate plants selected from the book Trees and Shrubs for Dry California Landscapes by Bob Perry for the area along the blufftop and slope area abutting Buck Gully. (A listing of appropriate plants is available from the Commissions Long Beach office.) Drainage Plan. 2. Prior to issuance of permit, the applicant shall submit for review and approval by the Executive Director a run-off control plan designed by a licensed engineer which assures that no increase in peak run-off rate from the site would result from the construction of the proposed project, as a result of a ten-year, six hour rainstorm. The run-off control plan shall include, but not be limited to, a system which collects run-off from the roof, patios, and all impervious surfaces and directs it to the street or canyon, unless the City determines that excessive run-off would create drainage problems as a result. In any case energy dissapators(such as rip -rap) shall not displace any existing riparian habitat at the canyon bottom. Geologic recommendation. 3. Prior to issuance of permit, 'the applicant shall submit for review and approval by the Executive Director a letter from Baghri Engineering and Fred Pratley and Assoc. that states that all of their geotechnical recommendations have been incorporated into the design and construction plans for the project. IV. Findings and Declarations. A. PROJECT DESCRIPTION: The applicant proposes to demolish a 20 unit motel and construct a 24 foot 8 inch high 39,659 square foot 18 unit condominium with 14,500 square foot 47 space basement garage. Each unit will be provided with 2 parking spaces and 11 spaces will be reserved for guest parking. This amount of parking is above the standards required by the Commission for new residential development. Although the existing motel has a maximum height above grade of 23 feet 6 inches, the natural slope of the site combined with the placement of the proposed structure will have the effect of making the condo units actually lower than the motel when measured from the centerline of Pacific Coast Highway. 6,000 cubic yards of grading are proposed. The site is located on the landward side of Pacific Coast Highway abutting Buck Gully in Corona del Mar. Multi -family Residential is the Land Use Designation. HAZARDS: Section 30253 of the Coastal Act states: New development shall: 5-89-923(Buck Gully Assoc.) Page 4 (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to -erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. The project is located on a 43,659 square foot lot that consists primarily of manmade fill over a tributary canyon of Buck Gully. Fill depths range from 10 to 39 feet. The northern boundary of the site is an artificial fill slope into Buck Gully. A preliminary Geotechnical Investigation by Ken Baghi, Geotechnical Engineer and Fred Pratley, Engineering Geologist dated June 20, 1989 stated that the site is free from geologic hazards such as land slide and active faults and that the proposed development is feasible from a geologic and soils engineering standpoint. The potential for a problem with slope stability was considered to be mitigated by the projects design, which "will enhance the stability of the slope since it will result in a net unloading of the slope by removing about 8 feet of fill to construct the mat foundation basement." The feasibility determination of the report is contingent however, upon certain recommendations being incorporated into the construction plans and implemented during construction relative to foundations, site preparation, grading, temporary excavations, retaining walls, building setbacks and drainage. The applicant must submit verification that all recommendations contained in the geotechnical report will be incorporated into the projects' final design as a special condition of approval. Therefore, as conditioned to adhere to the geologic recommendations the Commission finds that the project is consistent with Section 30253 of the Coastal Act for minimizing risks and assuring stability and structural integrity in areas of geologic hazard along bluffs and cliffs. C. ENVIRONMENTALLY SENSITIVE HABITAT AREAS: Section 30240 of the Coastal Act states-: (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. The proposed project is located next to Buck Gully. Buck Gully has been identified as an environmentally sensitive habitat and has been designated as "Recreational and Environmental Open Space" in the Certified Land Use Plan. The slope along this site that abuts Buck Gully was manufactured at the time of landfill. This slope does not provide any significant habitat value, however natural riparian vegetation exists at the bottom of the gully. According to a previous permits'(5-85-866) staff report, correspondence from the city states: 5-89-923(Buck Gully Assoc.) Page 5 "Buck Gully contains natural riparian areas which are to be preserved. To assure compliance with this policy, the City prohibited the Crown House structure [nearby structure] from 'stepping down' the manufactured slope and approaching the riparian area. While the structure is allowed to daylight into the engineered slope,•it also is required.to maintain a 15-foot setback from the top of slope. It is the position of the City that the prohibition of construction on the manufactured slope in combination with a 15-foot setback from the top of slope is sufficient protection for the natural riparian:[vegetation] at the bottom of the Gully. Since the slope and its landscaping is not part of the natural emphasis The city has required the applicant to provide a 25 foot setback at the Buck Gully propoerty line. To protect the riparian areas adjacent to the proposed project site from erosion and run-off, landscaping plans need to incorporate plants that have low water needs in the areas adjacent to the slope and drainage plans that protect the slope from excessive run-off from the larger site. As a condition of approval the applicant shall submit landscaping plans that use primarily drought resistant plants along the slope abuting Buck Gully; and drainage plans_that protect the slope from excessive run-off and erosion. Therefore, as conditioned to submit landscaping and drainage plans the Commission finds the project is consistent with Section 30240 of the Coastal Act for protecting and preventing degradation and disruption of habitat values of environmentally significant areas. 0. LOCAL COASTAL PROGRAM: The Land Use Plan for the City of Newport Beach was certified on May 19, 1982. The city is in the process of preparing the Implementation portion of its' Local Coastal Program. As conditioned, this project is consistent with Chapter 3 of the Coastal Act and therefore, the Commission finds that the . project will not prejudice the ability of the City to prepare a Local Coastal Program. 22830 I� 9 s 13 \ c� aw ».• O 3 SERRA DRIVE t TRACT _ Oi • O i C,r-"PrFs; • t • • t • t•� 37 w 36 15i 154"' S! 3/ ISO q lAr 17 sY = 33 36 sr 3i Jl ♦0 I/ It w• 3 a.w• l46 w•••,•.• AMI �65 O�6 ` L O •L 27 26 O 24 23 22 21 j Q 19 i ' y.-~ RmOiJ4 i :' -PARR 'm , „ : L MORNING CANYON • •� to trt m 0 OO • O : O O O © O • O • O •� 1y4 �O i 1T J-q0 J •: w.,� ti p 4 to •, t ip�plp. OyBUS v .� :•i ,i 5 sJ N t3• it. 11 �• . 1 '.• J. Jed .'• i _ 8 A7 12• . 21 ; 2 F 19 IB O 16 IS 14 13 .� 124y �%, Io I I k �o NO.�pP� O 13 j SEAWARD �.•Ji II / G �' ' TRACT o... n.a• nw.• u• n.w a ..r " i ..••'- J .y• Jr ^ Zt V 14 _G_lP� t •"•i .... ♦ t3 tt L M M /7 n' /i •i !S w• p w.r' i� ALLer I6 I7 I6 Is t 14 7 13 I • .: `v • »« N 275E w 6 e COAST C S1 1 W: 52-19 u C V. TRACT NO. /237 MARCH /9W TRACT N0.2758 No'�o PARCEL MAP H/SHWAY 'i s2-20 At At 4049,20 NOTE -ASSESSOR'S (LOCK: PEAL //7-26,27 PARCEL NI/AUERf R. M /36-34 SHOWN N cktaEs Lf. �.. Z O za 1 �1 _ _, L , b o, Lu Q In ��" f ES40R'�A QW couNrY OF ORANGE O 0 9 2 �I 1 s ru•uinorn. eucF,uxLr .vrr as "'..Tarr nHr Ii)µ ayiY O/IF. IYYtS/1/f R' • £Aecneurs ?� •i \ / � i ip e%ra.�L H ec...r•r.y iA -1`14 '•• ?,,,, , .7, f- aM u 10 D 2 z 6 H Z No - "TO k N6 e ww+w u Ypl. LYf. Y61 WOM. Rn. yw-w. TENTATIVE TRACT NO. 14026 'N THE C/TY Or NEUFORT /r CH. COUNTY OF ORANGE. STAT£ OF CAL'F04N4. 1 i _ »I _ i SECTION H - H 7D- g o rL oG"u� c�a o L SIrrF 1'L.11T 4 - TENT. TR. NO. NOIs L STATE OF CALIFORNIA THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gowmor CALIFORNIA COASTAL COMMISSION _ SOUTH COAST AREA s 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 9DBo2 (213) 5M5071 y Date: 3-1-90 Permit No. 5-89-923 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on October 30,1989 and was reported to the Commission on November 16, 1989"is*now fully effective. Development of your project -"is' -subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. "'PETER By: Titl VK:sa 3692D 'STATE OF CALIFORNIA—THE RESOURCES AGENCY • CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 590.5071 GEORGE DEUKMEJIAN„ Govemor vilea: uctoDer 1z, tNbv 49th Day: November 30, 1989 180th Day: April 10, 1990 Staff: V Komia W" - a Staff Report: October 16, 1989 Hearing Date: November 14-17, 1989 Commission Action: STAFF REPORT: CONSENT CALENDAR APPLICATION NO.: 5-89-923 APPLICANT: Buck Gully Associates AGENT: Michael Crall.& Assoc. PROJECT LOCATION: 4030 East Pacific Coast Hwy., Corona del Mar PROJECT DESCRIPTION: Demolish 20 unit motel, construct 24 foot 8 inch high, 39,659 square foot 18 unit condominium with 14,500 square foot, 47 space basement garage. Lot area: Building coverage: Pavement coverage: Landscape coverage: Parking spaces: Zoning: Plan designation: Project density: Ht abv fin grade: 43,650 sq. ft. 18,063 sq. ft. N/A 25,587 sq. ft. 47 Multi -family Residential 24 ft. LOCAL APPROVALS RECEIVED: Newport Beach Approval in Concept SUBSTANTIVE FILE DOCUMENTS: Newport Beach Certified Land Use Plan, City of Newport Beach Planning Department Staff Recommendation for City Council Meeting September 11, 1989 City of Newport Beach City Council Meeting Minutes September 11, 1989 City of Newport Beach Planning Commission Meeting Minutes for August 10, 1989 City of Newport Beach Planning Commission Staff Report for August 10, 1989 SUMMARY OF STAFF RECOMMENDATION: Staff recommends approval with conditions regarding landscaping, drainage and geology. 5-89-923(8uck Gully Assoc.) Page 2 I t- STAFF RECOMMENDATION: The staff recommends that the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation -of any condition will be resolved by the Executive Director -or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5-89-923(Buck Gully Assoc.) Page 3 III. Special Conditions. Landscape Plan. 1. Prior to issuance of permit, the applicant shall submit for review and approval by the Executive Director landscaping plans which incorporate plants selected from the book Trees and Shrubs for Dry California Landscapes by Bob Perry for the area along the blufftop and slope area abutting Buck Gully. (A listing of appropriate plants is available from the Commissions Long Beach office.) Drainage Plan. 2. Prior to issuance of permit, the applicant shall submit for review and approval by the Executive Director a run-off control plan designed by a licensed engineer which assures that no increase in peak run-off rate from the site would result from the construction of the proposed project, as a result of a ten-year, six hour rainstorm. The run-off control.plan shall include, but not be limited to, a system which collects'run-off from the roof, patios, and all impervious surfaces and directs it to the 'street or canyon, unless the City determines that excessive run-off would create drainage problems as a resultIn any case energy dissapators(such as rip-rap),shall not displace any existing riparian habitat at the canyon bottom. Geologic recommendation. 3. Prior to issuance of permit, the applicant shall submit for 'review and approval by the Executive Director a letter from Baghri Engineering and Fred Pratley and Assoc. that states that all of their geotechnical recommendations have been incorporated into the design and construction plans for the project. IV. Findings and Declarations. A. PROJECT DESCRIPTION: The applicant proposes to demolish a 20 unit motel and construct a 24 foot 8 inch high 39,659 square foot 18 unit condominium with 14,500 square foot 47 space basement garage. Each unit will be provided with 2 parking spaces and 11 spaces will be reserved for guest parking. This amount of parking is above the standards required by the Commission for new residential development. Although the existing motel has a maximum height above grade of 23 feet 6 inches, the natural slope of the site combined with the placement of the proposed structure will have the effect of making the condo units actually tower than the motel when measured from the centerline of Pacific Coast Highway. 6,000 cubic yards of grading are proposed. The site is located on the landward side of Pacific Coast Highway abutting Buck Gully in Corona del Mar. Multi -family Residential is the Land Use Designation. B. HAZARDS: Section 30253 of the Coastal Act states: New development shall: 5-89-923(Buck Gully Assoc.) Page 4 (1) Minimize risks to life and property in areas,of'high geologic, flood, and fire hazard. (2) Assure stability and structural integrity,.and-neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. The project is located on a 43,659 square toot:lot that consists primarily of manmade fi11 over a tributary canyon of Buck. Gully'. _'Fill depths range from 10 to 39 feet. The northern boundary of the site is an,`artificial fill slope.< into Buck Gully. A preliminary Geotechnical Investigation by Ken Baghi, Geotechnical Engineer and Fred Pratley, Engineeriag`Geologist dated June 20, 1989 stated that the site is free_from•geologic hazards such as land slide and active faults and that the proposed '"development"is feasible from a geologic ' and soils engineering standpoint., The potential•,fo`r a, :problem with slope stability was considered to be mitigated .by-�ttb_, rbj6cis design, which "will enhance the stability of the; slope since yitwil;1;;.r'esult'in a net unloading of the slope by removing about 8-feet of;,fill;to:cons3+uct•the mat foundation basement." The feasibility determination;'df:;the,Atdobrt is contingent however, upon certain recommendations being incorporated','jnio the••construction plans ' and implemented during construction relative to^foundations, site preparation, grading, temporary excavations, retaining walls •,building setbacks and drainage. The applicant must submit- verification'that;all recommendations contained in the geotechnical report wi11`be incorporated into the projects, final design as a special condition of approval. Therefore, as conditioned to adhere to the geologic recommendations the Commission_finds that the project is consistent with Section 30253 of the,Coastal'�Act for�:minimizing risks and assuring stability and structural integrity -fin,'areas�of-geologic hazard along bluffs and cliffs. -` C. ENVIRONMENTALLY"SENSITIVE HABITAT'AREAS: Section 30240 of the Coastal Act states: (a) Environmentally sensitive habitat areas shall be protected against, any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. The proposed project is located next to Buck Gully. Buck Gully has been identified as an environmentally sensitive habitat and has been designated as "Recreational and -Environmental Open Space" in the Certified Land Use Plan. The slope along this site that abuts Buck Gully was manufactured at the time of landfill. This slope does not provide any significant habitat value, however natural riparian vegetation exists at the bottom of the gully. According to a previous permits'(5-85-866) staff report, correspondence from the city states: 5-89-923(Buck Gully Assoc.) Page 5 "Buck Gully contains natural riparian areas which are to be preserved. To assure compliance with this policy, the City prohibited the Crown House structure [nearby structure] from 'stepping down' the manufactured slope and approaching the riparian area. While the structure is allowed to daylight into the engineered slope, it also is required.to maintain a 15-foot setback from the top of slope. It is the position of the City that the prohibition of construction on the manufactured slope in combination with a 15-foot setback from the top of slope is sufficient protection for the natural riparian [vegetation] at the bottom of the Gully. Since the slope and its landscaping is not part of the natural The city has required the applicant to provide a 25 foot setback at the Buck Gully propoerty line. To protect the riparian areas adjacent to the proposed project site from erosion and run-off, landscaping plans need to incorporate plants that have low water needs in the areas adjacent to the slope and drainage plans that protect the slope from excessive run-off from the larger site. As a condition of approval the applicant shall submit landscaping plans that use primarily drought resistant plants along the slope abuting Buck Gully; and drainage plans that protect the slope from excessive run-off and erosion. Therefore, as conditioned to submit landscaping and drainage plans the Commission finds the project is consistent with Section 30240 of the Coastal Act for protecting and preventing degradation and disruption of habitat values of environmentally significant areas.. D. LOCAL COASTAL PROGRAM: The Land Use Plan for the City of Newport Beach was certified on May 19, 1982.. The city is in the process of preparing the Implementation portion of its' Local Coastal Program. As conditioned, this project is consistent with Chapter 3 of the Coastal Act and therefore, -the Commission finds that the project will not.prejudice the ability of the City to prepare a Local Coastal Program. 22830 13 v °�• '1 SERRA DRIVE •2 TRACT Ems3 :6t .r• •.y, i .. aar w• . w• w.o• •a• M as"u 4• - O4 c.%• _ _ .4 •. _ �• 1 4,,p�rFs r j.Y 37 aSi SS SI 31 !0 ! q 47 se i15 O • ! ` i O 2 O •1 2T 26 O 24 O Q, ly ; MRr RO a i t O p Y ..,, . :2 A/ORN/NG CANYON '.5•' a I �" v K li O161 O = w.as r• .. .. y. ,ry +. ' fir✓ •iO •i • •,: 3 •'e4: mp sa.o• ti' O62 • ! O O O © 0.-, © O•! -10 > 4 �"o it f •ll-g0 404 V *�< O� �. f1RCLE 9 i Y i 4 •4 zs N _ '1r., /'w:sa' • , 11 ♦ ♦�� 12 •'-!' OD 21• 2 nj,19 le R 16 ISb 14 13l 12k .O F . �"�\ 4j i� _..,.,ti` ?' �'i'• •a•�.,,�� Zn�1U'".:.-• . � : {• '. itS>j}-'.. �C:M •y.l., _ , d .3 - - - � � •' i - -ay' y 13 r'•'•+_:.i>�`i�?2„SE�WA_R�'r:-'�?i:.;a. 'v-='., ._ ' -. p.+ Il • C •. O' r Ja_�;6 _ a.-•:%y. ;i. � . 77. t n;wq'v�'.�s(..�e-; , r'a .I�SI'•� .._ a_ lid^• 4,t...: •y .�. •�..,4\r 6'AY(..=11.W�, .: RM•`f -•4,... l.M a.•.� ~ i N• .. "•s.. '.TRACT ' ��=- .-.:�_.., :"'' - .. -.� ;. .'' + •� Q•l.3' +�a:•;�. 1 ' ®:�` "'O�, t 4• 5 _'" e T O O • O j 12 .T 14 - �rsiA J ' • t!x_+'Sr- ' b:::. ' p s . ,j/ !f .e' to » JS is r.r• i i��� � P +.• '•t,<" ..' •- , =ALLEY - i Jo t QQ©QO 7 i i COAST' S1 . t Sz-19 TRACT NO. /237 'IMA /983 'r� TRAC7 N0,2758 �• s. A4RCEL AIAP H/GNWAY u: O 87 Z zl CO '&K a am W IA 1 -. 5z-20 M. AL 40-/9.20 NOTE • ASSESSOR'S KOCK t tt ARfESSOR'S� MM //7-26.27 PARCEL NLAUM Ai�/AM459/AGE16 i ) P. AL Lib-34 swwN INCRICIES COLWW Of ORANGE �• J HA Y• / TEN TAT/VE 1r1.c1r otR, /TRACT NO /4OZB /N THE C/TY O/ NIIJPORT RFACN, COUNT/ OF iurc wo n. O.GNGE, STATE OF GL/FORNY, /I4W al/�.' IYfI/ • , dE/NG LOT ! OF TRACT NO /t!1 AS NONAHAP aH i / RLCOCO[VIO,/YOESPJANOM H/SCELLIACIXI3 ... REcORnls fFOfANGC •CCY/NTY, Tf 6c ""' CA/JPoRNN. LOT62 • ' • " J* '• mrr+w..v ;JO A,n P/ICI aA�. (. At/f/4rtl,/Nt \4• " G"} ANN[Irlrw au Icc iw.»uc �;�Ic .ay:t O �c e.. �.r Jar..ea � /Y •O Vl�.' • IYIYH / v. ucrrn.xavu.e [ • �+;;e� \ c'y°ir O wVa mc�ro sd �y .1 r •O•�h.. /` :e••OC Y✓J OCIYf! / / 1Y `-r✓ JY% ` i F eu•I•nm' ° R= • � Y a °x To m (� 1 / W z Z0. "TO k FERLE• wC NMA Ina f.lM1tm OYY.Y MN ' v SECNON 8 — B ! SE ON L,A+A 1 _ A 4 'o�. •� IA O Q� � � e�= a. �.� © :� cm '-� ` .:Q�• � a :J{.i [ : v^'a' m cw' 'r' / � / .a��,�•: Sa+t5�_ \ 'ty: rJ • '' � _ i•"" >� . atla < 1 tF I ;'i�y>:J�i a• /�\ �_` 1_II.oa ••` l _pFF I! N _ ` r fur' ./ y[ a 3y2" s: hoy'� •\ / ••X xx'.:• __,G�.��.. �i �A�/b' _. � ra..r'I 1 r_ g O (Til C�^ - � UUU 1%• •'q �w,_i a;, "�-.�, SI'I'l".i'j PLAN a.d -` ? .. •' TENT TR. NO. /I07 �e /yZ <ONCEPT»AL OR/0/1G 1:11 10i14i91 10.57 �631 3824 _ COLIA ACOUSTICS 0 002 COLIA ACOUSTICAL CONSULTANTS 3300 W, Coast Highway, Suites Newpctt Beach, CA 92663 (714) 631.7315 FAX (714) 631.3824 L1-123 October 111 1991 Mr. Kent Hawkins Michael crall & Associates P. o. Box 1-8 Balboa Island, CA 92662 Subject: Measurement of Interior Noise Levels for Villa Del Este Tawn' Homes in Carona Del Mar Dear Mr. Hawkinsi At the request of Charlie Bell I have made measurements of inside and exterior noise levels of the Villa Del Este TownhoMes at the northern corner of Seaward Road and Pacific Coast Highway in Corona Del Mar, measurements were made on the A -weighted scale of a Bruel " Kjaer ,fie 2230 Precision Integrating S=A Level Mom. The meter was calibrated and was found to be within o.1 dB of before and after the tents tolerances, ate measureMents were taken in a Livi»7 pDW and Bedroom typical for the project that were closest to paoific Coast Highway. The uIpPer level Living Roan was selected because it had the highest window area to wall area ratios, which would be a worst -case Gondit� �1 roams s � selected because they were complete with carpet, the two french doors directly The glazing in the Living Room was primarily facing onto Pacific Coast Highway•The dements were taken at a point of about 10 feet from near the center of the room of Unit 5 at a distance the french door's of the roan to test for the interior 45 (NEL requirement. The measurements in the lower level bedroan were also in the center of the room that was carpeted with closed windows -place in both test rooms of Unit 5 during the measurement periods. The carpeted floors greatly reduce the reflected noise levels in the roan and thus act to reduce the interior CNEG values. The CNEL for the Living Roan in Unit 5 is 43.1 dB and for the Bedroom is 41.8 dB Measurements were also made in the enclosed courtyard to determine the exterior noise levels in outdoor living areas. The City standard is 65 CIM. Table 4 shows a measured Laq of 53.4 and calculated CNIL of 57.1 CIS' 10/14/91 10:57 %Y631 3824 L1-123 October 111 1991 COLIA ACOUSTICS Table 1 shoeq) r� the results from � of the interior and exterior WAId D*dvalent the Levels (Leq) meter for the three test areas e- CM and calculations are also shown on the attached tables (z'&) are un ssized in Table 1. The am is determined by using the dadaytime Tei values and adjusting the Laq values for the reduced traffic flaws typical of evening and nighttime hours. me evening hours (7I'14 to 10PM) Leq values were weighted by b dB and the niighttime to 7AM) Lag aed to values we weighted by 10 dB. The adjusted Legs are en the CNEL value. The results in Table 1 for interior Luzxn ea eas show that the typical representative Unit 5 meet the 45 CNM because of the upgraded windows specified for the project. Table 1 also shows the calculated a1EL values unit in the next to last column. Because this unit represents the worst -case condition all other interior CNEL values of other units for the project will also be less than 45 CNEL. The exterior courtyard CNEL is 57.1 dB which is below the exterior living areas standard of 65 dB and thus meets the City requirement. The third area of concern was rooftop equipment with a standard of 55 d A at any property line. ,he only rooftop equipment for this project was described by the job supervisor as the exhaust vent on the roof for the garage exhaust equipment located within a equipment room in the subterranean garage. The closest property to the rooftop vent is the service station to the northwest. However the ambient noise level from Coast Highway was greater than 70 dBA and no exhaust vent noise, while Operating, was detectable above the ambient traffic noise. The closest residential property line is at the north property side and measurements were taken at that closest property lane to the rooftop vent. The ambient at this location, which was behind this project site, wdy about 00 dBA. During a quiet traffic time of low traffic flows a measured noise level of 45.1 dBA was recorded which is below the City standard of 55 dBA, which thus the City requirements. if you have any questions, please call. Sincerely; is tica Consultant Marker INCE I94 attachments summary of Meamwownts Results ARFA Floor Measd Measured Calculated City Starydard Area Leg, dBA CNEL Noise Limit Unit 5 IPper Liv. IZA. 39.5 43.1 45 CNEL Unit 5 Lower Hedroan 38.2 41.8 45 CNEL Exterior Lower Cmztyrard 53.4 57.1 65 CNEL Prop. Line 1st No. Resid. 45.1 ---- 55 dBA 10/14/91 10:58 %2631 3824 COLIA ACOUSTICS 10/14/91 10:59 $631 3824 COLIA ACOUSTICS 005 TABLE 2 A -Weighted Leg Noise Level Data Collected During A Representative Sample Period On October 11, 1991, Together With Calculated Hourly Leg Values And Resulting CNEL Value. site 1 one Hour Hourly Leg Hourly Leg Adjusted Period Data, (dBA) Weighting Hourly Leg Factor 0700 42.4 0.0 42.4 0800 40.5 0.0 40.5 39.5 0900 39.5 MEAS 0.0 0.0 39.4 1000 39.4 39.6 0.0 39.6 1100 1200 39.7 0.0 39.7 1300 39.8 0.0 39.8 1400 40.0 0.0 40.0 41.2 1500 41.2 0.0 0.0 42.6 1600 1700 42.6 42.4 0.0 42.4 1800 40.7 0.0 40.7 1900 39.3 5.0 44.3 43.2 2000 38.2 5.0 $.0 42.5 2100 2200 37.5 36.5 10.0 46.5 2300 35.9 10.0 45.9 0000 34.3 10.0 44.3 0100 31.9 10.0 41.9 0200 30.7 10.0 40.7 0300 28.9 10.0 38.9 0400 29.9 10.0 39.9 0500 33.7 10.0 43.7 0600 40.1 10.0 50.1 ( Antilog of Adjusted Hourly Leg Values) 10 Log 24 43.1 CNEL 10/J4i91 10:59 *&631 3824 COLIA ACOUSTICS 0 006 TABLE 3 A -Weighted Leg Noise Level Data Collected During With A Representative calculated Hourly Sample Period On October 11, 19911 Togettingher Leg Val e. Site 2 One Hour Hourly Leg Hourly Leg Weighting Adjusted Hourly Leg Period Data, (dBA) Factor 0700 41.1 0.0 41.1 39.2 0800 39.2 38.2 0.0 MEAS 0.0 38.2 0900 1000 38.1 0.0 36.1 1100 38.3 0.0 38.3 1200 38.4 0.0 38.4 38.5 1300 38.5 0.0 0.0 38.7 1400 38.7 39.9 0.0 39.9 1500 1600 41.3 0.0 41.3 1700 41.1 0.0 41.1 1800 39.4 0.0 39.4 43.0 1900 38.0 5.0 5.0 41.9 2000 36.9 36.2 5.0 41.2 2100 2200 35.2 3.0.0 45,2 2300 34.6 10.0 44.6 43.0 0000 33.0 30.6 10.0 10.0 40,6 0100 0200 29.4 10.0 39.4 0300 27.6 10.0 37.6 38.6 0400 28.6 10.0 42.4 0500 32.4 10.0 10.0 48.8 0600 38.8 ( AntilOg of Adjusted Hourly Leg Values) - 41.8 CNEL 10 Log 24 1 10/14/91 11:01 Ta631 3824 COLIA ACOUSTICS TABLE 4 A -Weighted Leg Noise Level Data Collected During A Representative Sample Period on October 11, 1991, Together With calculated Hourly Leq Values And Resulting CNEL Value. Site 3 One Hour Hourly Leq Hourly Leq Adjusted Period Data, (dBA) Weighting Hourly Leq Factor 0700 56.4 0.0 56.4 0800 54.5 0.0 54.5 0900 53.5 0.0 53.5 1000 53.4 MEAS 0.0 53.4 1100 53.6 0.0 53.6 1200 53.7 0.0 53.7 1300 $3.8 0.0 53.8 1400 54.0 0.0 54.0 1500 55.2 0.0 55.2 1600 56.6 0.0 56.6 1700 56.4 0.0 56.4 1800 54.6 0.0 54.6 1900 53.3 5.0 5S.3 2000 52.2 5.0 57.2 2100 51.5 5.0 56.5 2200 50.5 10.0 60.5 2300 49.9 10.0 59.9 0000 48.3 10.0 50.3 0100 45.9 10.0 55.9 0200 44.6 10.0 54.6 0300 42.9 10.0 62.9 0400 43.9 10.0 53.9 0500 47.7 10.0 57.7 0600 54.1 10.0 64.1 ( 10 Log Antilog of Adjusted Hourly Leq Values)lq 57.1 CNEL !(l 24 City Council Meeting September 11, 1989 Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A. General Plan Amendment No. 89-1(C) D-2 Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Sery ce Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. *of buildable lot area; and the acceptance of an environmental document. B. Local Coastal Program Amendment No. 17 Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach \I- zuf C. Ordinance No 89-25 (Amendment No. 682) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO.20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-13 DISTRICT TO THE R-3 (1,900) SPR DISTRICT ►E D. Site Plan Review No. 50 Request to permit the construction of an eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the TO: City Council - 2. Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. ME B Coastal Residential Development Permit No. 16 Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low - and -Moderate -Income Housing within the Coastal Zone. 0 F. Tentative Map of Tract No. 14028 Request to subdivide an existing lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. ' LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER; Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Applications The applications described above will, if approved, allow construction of an eighteen unit condominium project. The original submittal made for this project showed twenty condominium units. Subsequent review of the project by adjacent property owners and - City staff has resulted in the elimination of two units which were originally shown in the required twenty-five foot setback from the Buck Gully property line. The requested General Plan density is now one unit for each 1,900 sq. ft. of buildable lot area. General Plan Amendment procedures are in City Council Policy Q-1; Amendment procedures are in Chapter 20.84 and Tentative Tract Map procedures are in Chapter 19.12 of the Newport Beach Municipal Code. Site Plan Review Procedures are as revised via Amendment No. 683. Coastal Residential Development Permit procedures are contained in City Council Policy P-1. TO: City Council - 3. Suggested Action Hold hearing; close hearing; if desired A. Sustain the action of the Planning Commission and 1. Adopt Resolution No. , adopting General Plan Amendment 89-1(C), and accepting the environmental document. I_rel�] 2. Adopt Resolution No. , adopting Local Coastal Prog� in Amendment No. 17. I�vII 3. Adopt Ordinance No. 89-25, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING " NO. 2b SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-11 DISTRICT TO THE R-3 (1,900) SPR DISTRICT (PLANNING COMMISSION AMENDMENT NO. 6Q BOX 4. Approve Site Plan Review No. 50, Coastal Residential Development Permit No. 16 and Tentative Map of Tract No. 14028, subject to the findings and conditions established by the Planning Commission. •• B. Overrule the recommendations and actions of the Planning Commission and deny the project, subject to the findings for denial contained in Exhibit "B" of the Planning Commission staff report. OR a I C. Continue the public hearing on this item. Planning Commission Recommendation At its meeting of August 10, 1989, the Planning Commission voted (All Ayes) to recommend approval of a General Plan Amendment, an amendment to the Local Coastal Program, an Amendment to the Newport Beach Municipal Code and a Tentative r TO: City Council - 4. li Tract Map; and also approved a Site Plan Review and a Coastal Residential Development Permit for the proposed project. An excerpt of the Planning Commission minutes and a copy of the staff report prepared for the Planning Commission have been attached for the information of the City Council. Respectfully submitted, PLANNING DEPARTMENT JAMES D. fiEWICKER, Director By f! Patricia L. Temple Principal Planner Attachments: (For City Council only) 1. Excerpt of Planning Commission minutes - August 10, 1989 2. Planning Commission staff report - August 10, 1989 3. Plot plan, floor plans and elevations 4. Tentative Tract Map PLT/WPSO CC\GPA89-1C.SR2 Y E2 ,;OMMISSIONERS MINUTES August 10, 1989 i, i INDEX e Planning Commission recessed at 10:10 p.m. and reconvened rALL� at :20 p.m. ° a s a 1 Am ndm n 6 (Continued lic H rin Item No. 9 Request to aX0 of the Newport l each Municipal A683 Code so as t"Site Plan Review",Special Zoning District. Approved INITIATED of Newport Beach The public hearing was opene ' connection with this item, and Dr. Jan VanderSloot, 2221 - 1 Street, appeared before the Planning Commission in support of a subject Amendment. Dr. VanderSloot addressed the proposed endmenYs'reference to "Environmentally sensitive areas sh be preserved and protected:", and he commented that this w Id be appropriate on specific sites that will be proposed to the P g Commission in the future. There being no others desiring to appear and b heard, the public hearing was closed at this time. Motion was made and voted on to recommend to the City Council the adoption of Amendment No. 683 (Resolution o. 1194) so as to establish a Site Plan Review Overlay Distric . MOTION CARRIED. s s s General Plan Amendment No 89-1(C) (Continued Public Item No.10 Hearin ' GPA89-IC Request to amend the Land Use Element of the General Plan (R.1195) so as to redesignate the subject property from "Retail and LCPA 17 Service Commercial" to "Multi -Family Residential" with a density (R.1196) of one dwelling unit for each 1,698 sq. ft. of buildable lot area; and the acceptance of an environmental document. A682 INITIATED BY: The City of Newport Beach SPR 50 CRDP 16 -28 TTM14028 A roved ri z_ COMMISSIONERS NOR to � CALL MINUTES August 10, 1989 INDEX AND B Local Coastal Program Amendment No 17 (Continued Public Hearing) Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential' with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach AND C. Amendment No 682 (Continued Public Hearing) Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R-3-B to R-3 (1698) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. AND D Site Plan Review No 50 (Continued Public Hearing) Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet and the construction of an exterior stairway with handrails which' exceed three feet in height and which encroach into the required front yard setback. 4ti AND -29- COMMISSIONERS MINUTES August 10, 1989 Frr-Fr �.. _ — — INDEX E. ('o stal Residential Development Permit No,.16 (Discussion) C Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income Housing within the Coastal Zone. AND F. Tentative Mgp of Tract No 14028 (Continued Public Hearing)_ Request to subdivide an existing lot into a single parcel of land in conjunction with the development of,a twenty unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-13 APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Patricia Temple, Principal Planner, addressed the revised plans that were submitted to the Planning Commission by the applicants. She explained that the project was reduced from 20 units to 18 units to comply with the Public Works Department's requirement that structures not be built over an existing storm drain easement and the General Plan's requirement that requires a 25 foot setback area at the Buck Gully property line. Ms. Temple stated that two units were deleted so as to accommodate the foregoing requirements. She explained that after the applicants met with the neighbors with respect to their concerns to preserve the views from the surrounding areas, the building height was reduced from 28 feet, that is consistent with R-3 -30- Motion All Ay, MMISSiONERS a marWk �'°� 4) V) MINUTES August 10, 1989 INDEX -AL Standards, to a maximum building height of 24 feet to 25 1/2 feet. She stated that there is minimal difference between the project's height and the patio of the lowest unit in the immediate vicinity. The public hearing was opened in connection with this item, and Mr. Kent Hawkins, applicant, appeared before the Planning Commission. Mr. Hawkins concurred with the findings and conditions in Exhibit W. He indicated the meetings that the applicants had with the neighbors so as to produce a development that would be desirable to the residents, and he advised that -the project is the result of those meetings. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pers6n confirmed the cooperative efforts that were made by the applicants and the residents. Motion was made to approve the Actions, Findings and Conditions for Approval in Exhibit "A" of the Environmental Document, General Plan Amendment 89-1 (C) (Resolution No. 1195), Local Coastal Program Amendment No. 17 (Resolution No. 1196), Amendment No. 682, Site Plan Review No. 50, Coastal Residential Development No. 16, and Tentative Map of Tract No. 14028. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that in the event the project would not be developed, the property would be designated as "Multi -Family Residential." The foregoing motion was voted on, MOTION CARRIED. as A ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial ,Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. -31- 'y) P) MINUTES „CtiMMISSIoNERS CAU- August 10, 1989 That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul routes, access points to the site, watering and sweeping program designed to minimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built” grading plans on standard size sheets shall be furnished to the Building Department. -32- INDEX "l i COMMISSIONER6 0\\ 000 MINUTES August 10, 1989 CITY ®F` NEWPORT DEAGN lNOEX ALL 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level 'of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Sgaward Avenue shall be designed to provide adequate sight distance from behind the sidewalk for automobiles exiting the structure. -33- �U COMMISSIONERS y � (4- MINUTES August 10, 1989 ROLL CALL INDEX 12. Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. B GENERAL PLAN AMENDMENT 89-1(Cl Adopt Resolution No. 1195, recommending approval of General Plan Amendment 89-1(C) to the City Council. C LOCAL COASTAL PROGRAM AMENDMENT NO. 17, Adopt Resolution No. 1196, recommending approval of Local Coastal Program Amendment No. 17 to the City Council. D. AMENDMENT NO. 682. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be implemented without the proposed amendment. E SITE PLAN REVIEW NO, 50, Findings: 1. That the project is consistent with the General Plan and the adopted Local Coastal Program, L- nd Use Plan. 2. Adequate off-street parking is being provided in conjunction with the proposed development. 3. 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 -34- l� MINUTES MMISSIONERS soo. a� August 10, 1989 CITY OF NEWPORT BEACH INDEX L requested in conjunction with the proposed modifications. 4. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. 6. That the design of 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. 7. The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification for the project identification sign is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. That a minimum of two parking spaces for each dwelling unit plus one-half guest parking space for each dwelling unit be provided on -site. -35- I I 1) COMMISSIONERS 4V � MINUTES August 10, 1989 s sa a CITY OF NEWFOK Y tstAlum INDEX ROLL CALL 3. That tandem parking spaces be assigned to specific dwelling units. 4. That guest parking spaces be independently ac;essible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required. 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12. That a siltation, dust, and debris control plan shall o be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control -36- COMMISSIONERS A A Yf1 p • O � s t io 1�i MINUTES August 10, 1989 ROLL CALL INDEX Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 13. Thaat the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. 16. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property line setback. F COASTAL RESIDENTIAL DEVELOPMENT PERMIT N0.16 Finding: 1. That the proposed development has met the requirements of City Council Policy P-1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. ° 2. The affordable units provided shall be affordable to moderate income families if the units are for sale -37- r�, MINUTES �pMMISSIONERS ROLL CALL August 10, 1989 CITY OF NEWP®RT BEACH INDEX or to low income families at fair market rent it the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The'term of affordability shall be twenty years. TENTATIVE MAP OF TRACT NO. 14028 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 design of the subdivision. 2. That the proposed subdivision 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 public improvements may be required of the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. Conditions: i. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. Ka 151� MINUTES COMMISSIONERS ROLL CALL August 10, 1989 BEACH 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accpmpanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. 5. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110-L. Slopes, 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. 6. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8, That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the corner of East Coast Highway and Seaward Road; That unused drive gutter be removed and replaced with curb, sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit, issued by the California Department of Transportation. -39- INDEX i �" COMMISSIONERS 16 O �0s% Q!\ R�L CC q-# (o• MINUTES August 10, 1989 .. ® e V= s &%" OF NEWFUM n Or —Tor' INDEX 1#79. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. not be built over the 11. That the proposed structure existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required. Caltrans apprcval is required for any encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be -40- COMMISSIONERS 16 00"NOW& eo- �6 MINUTES August 10, 1989 CiT'Y OF NEWPORT SEAGH ROLL CALL INDEX reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right-of-way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved bathe Public Works Department. P rmi No 321 Revocati n blic Hearing) item No.11 Requ t to consider recommending the revocation of Use Permit . UP3321 No. 33 , Newport Sound Waves, that specializes in the sale and installati of automobile accessories, for failure to comply with Cont' d to specific c ditions of approval or to consider adding or 10-5-89 modifying - ditions of approval to said use permit. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, etween North Newport Boulevard and 'verside Avenue, in Mariner's Mile. ZONE: SP- APPLICANTS: Nancy d Robert Clark OWNER: Robert Br dy, Pauma Valley James Hewicker, Planning Directo stated that staff recommends that this item be continued to th October 5, 1989, Planning Commission meeting to allow additio 1 time to discuss alternate s, lutions with the applicant regardi previously established o nditions of approval. Motion * Motion was made and voted on to conti a Use Permit No. All Ayes 3321 (Revocation) to the October 5, 1989, P ning Commission meeting. MOTION CARRIED. a s s e -41- Planning Commission Meeting August 10, 1989 Agenda Item No. 10 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A General Plan Amendment No 89-1(C) (Public Hearing) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area; and the acceptance of an environmental document. , B. Local Coastal Program Amendment No 17 (Public Hearingl Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area. INITIATED BY: The -City of Newport Beach ME C. Amendment No. 682 (Public Hearingl Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R-3-B to R-3 (1698) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. D. Site Plan Review No. 50 (Public Hearing) Request a to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the TO: Planning Commission - 2. Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. e P. Coastal Residential Development Permit No 16 (Discussion Request to approve a Coastal Residential Development Permit for the purpose of ,establishing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low - and -Moderate -Income Housing within the Coastal Zone. F. Tentative Map of Tract No 14028 (Public Hearinel Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit - residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-13 APPLICANT:, Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Applications The applications described a_ove will, if approved, allow construction of an eighteen unit condominium project. The original submittal made for this project showed twenty condominium units. Subsequent review of the project by adjacent property owners and City staff has resulted in the elimination of two units which were originally shown in the required twenty-five foot setback from the Buck Gully property line. The requested General Plan density is now one unit for each 1,900 sq. ft. of buildable lot area. General Plan Amendment' procedures are in City Council Policy Q-1; Amendment procedures are contained in Chapter 20.84 and Tentative Tract Map procedures are in Chapter 19.12 of the Newport Beach Municipal Code. Site Plan Review Procedures are as revised via Amendment No. 683 addresses in Agenda Item No. 7 which preceded this public hearing. Coastal Residential Development Permit procedures are contained in City Council Policy P-1. �S TO: Planning Commission - 3. Environmental Significance In accordance with the California Environmental Quality Act (CEQA), The State CEQA Guidelines and City Policy, an Initial Study has been prepared for the project. Based upon the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. A Negative Declaration has, therefore, been prepared for the consideration of the Planning Commission. nformance with the General Plan and the Local Coastal Program Land Use Plan The Land Use Element of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan designate the site for Retail and Service Commercial. This category allows uses including retail sales, offices which provide goods or services to the general public, hotels and motels, commercial recreation and senior citizen housing facilities. The land use designation does not allow for residential land uses, which are considered an appropriate use in areas designated for Multi -Family Residential. The specific area description for the Corona del Mar Commercial Area allows a .floor area ratio (FAR) for commercial development of 0.5/0.75. Above grade, covered parking is allocated an additional 0.25 FAR, so the maximum allowable development, subject to approval of a variance, is 1.00 FAR. The proposed residential development is not consistent with the uses allowed in the Retail and Service Commercial land use designation. A General Plan Amendment and a Local Coastal Program, Land Use Plan amendment are required to change the land use designation to Multi -Family Residential with a specific density of one dwelling unit for each 1,900 sq.ft. of buildable lot area in order to approve the project. The project is required to .have approval of a Coastal Development Permit. Subject Property and Surrounding Land Use The subject property is developed with a nineteen (19) room motel (Kirkwood Motel). To the west of the property, across Buck Gully, is a gasoline service station. To the north and east, is two-family and multi -family residential development in the Corona Highlands community. To the south, across East Coast Highway, is single-family residential development in the Shore Cliffs community. Or/ TO: Planning Commission - 4. statistical Summary StaStanr Proposed Project GP RSC Standard R-3 (1.2ffl Standard Dwelling units Gross land area 18 43,560 sq.ft. 0 None 18 6,000 sq.ft. Buildable areal . ---� l 39,659 sq.ft), 34,387 sq.ft. 34,387 sq.ft. 32,193 sq.ft. 96,585 0 Building area FAR 1.15(GPT% 23(R-3) 1.00 3 Parking spaces Parking per unit 47 2.6 None None 27 1.5 Analysis A series of approvals is necessary to allow construction of the proposed project. Each approval is discussed separately. General Plan Amendment 89-1(C). An amendment to the General Plan Land Use Element is necessary to allow construction of the project. 'The amendment will revise the specific area description for the Kirkwood Motel site (page 43), as follows: ifirkfvuodAbfvtet rItxel�staM> This site is located on East Coast Highway at Seaward Road. -'The site is designated for - ^ m The charts on pages 44, 86 and 87 of the Land Use Element will also be amended to reflect the statistical changes which result from the change in land use. There are two primary issues associated with the change of the site to Multi -Family Residential, the compatibility of the use with the area and the increased building bulk which will result from residential devel •pment. Additionally, the City Council had specific concerns related to the height of the proposed project when the General Plan, Amendment was initiated. The height o1 the building is discussed in detail in the Site Plan Review discussion. mom gibilily of Land Use. The project site is located on East Coast Highway at Seaward Road. The location on Coast Highway will require sound attenuation of the residential structures. While this can be anticipated to increase the cost of construction of the units, the noise levels in the area are not of a level which would preclude residential development. 1 Buildable area is gross lot size less slopes greater than two to one (2.1) in the General Plan and is gross lot size less required setbacks in the R-3 District. 2 Maximum building bulk allowed with a Variance including above grade covered parking. ' 2 00, V� 116 TO: Planning Commission - 5. The requested density of one unit for each 1,900 sq.ft. of buildable lot area is consistent with the density allowed in the Shorecrest Lane area to the east, which is allowed one unit for each 1,900 sq.ft. of buildable lot area. Additionally, the residential development proposed by this amendment will reduce the potential amount of traffic which could be generated from the site. Prior to the adoption of the revised General Plan Land Use Element in October, 1988, this site was designated for Multi -Family Residential land use. Staff suggested the change to commercial due to the long standing commercial development of the site, and the fact that a smaller structure would be allowed under the commercial designation. The site is still zoned for residential development. It is the opinion of staff that the location of the property at the end of the Corona del Mar commercial strip makes the property equally appropriate for either commercial or residential development. Building Bulk. An issue which has caused much controversy in the Corona del Mar area is building mass and bulk. The change from commercial to residential land use designation will significantly increase the permitted floor area and building bulk on the site. The maximum building bulk (for a low traffic generating land use) allowed under the existing commercial designation is 1.0 times the buildable lot area including the 0.25 parking structure allocation, which would allow a total of 34,387 sq.ft. This project is proposed to be constructed at 1.15 times the buildable lot area of the site, or 39,659 sq.ft. Residential development in old Corona del mar is allowed 1.5 times the buildable area, which would allow 48,290 sq.ft. The R-3 District being requested for the site allows 3 times the buildable area of the site, or 96,585 sq.ft. Local Coastal Program Amendment No. 17. The issues associated with the amendment to the L.CP are primarily the same as the General Plan. Amendment No. 682. The previous item on the Planning Commission agenda established the ability to designate Site Plan Review on specific sites. It is proposed to rezone the subject property from R-3-B to R-3 (1,900) - SPR. Also requested is the establishment of a 15 foot front yard setback on East Coast Highway and Seaward Road. This zoning designation will set the maximum density for the site consistent with the General Plan, and designate the site for Site Plan Review. Site Plan Review will allow the Planning Commission to review the specifics of the site plan given the constraints of the property and the concerns of the neighborhood. The fifteen foot setback proposed for East Coast Highway and Seaward Road is typical of setbacks established on the Districting Maps throughout Corona Highlands. Staff has no objections to this request. Site Plan Review No. 50. There are five issues which staff has identified relative to the proposed site plan. These are height, the massing of the structure on the property, parking, uses in the Buck Gully setback and the building identification sign. Height. The height of the structure on this site affects two issue areas, building bulk and views. Obviously, the taller the structure, the greater its bulk assuming the same floor area. This is true on any site. On this site the height of the building also will affect scenic views from nearby homes. It was in recognition of these issues that the TO: Planning Commission - 6. City Council established a height criterion for the project at the time the General Plan Amendment was initiated, as follows- ... that the new structures not exceed the height of the already exisiing buildings on the site at any point:' This criterion was established for the purpose of addressing the views from private residences in the vicinity of the project. The applicant has been meeting with affected homeowners to assure that the project,design adequately addresses the concerns related to view preservation from nearby properties. View preservation is achieved by a combination of the required twenty-five foot setback from the Buck Gully property line and the ridge heights of the proposed buildings, which are at or below the elevation of the view decks of adjacent properties. The one area where the roof is at 26 feet does not appear to affect any views. Site Plan and Building Mass. Three main components of the site plan drive the configuration of building mass on the site. These are Buck Gully, the required twenty- five foot setback from the Buck Gully property line and placement of the proposed dwelling units around a central courtyard. As a result, the buildings are placed all along the fifteen foot setback line on East Coast Highway and Seaward Road in a consistent two story elevation. There are two breaks in this massing along the streets, one at the entry driveway and one at the Buck Gully setback on East Coast Highway. The advantage of the proposed site plan is that the entry to each dwelling unit is from a private entry courtyard, which is likely to be a more quiet and secure situation. The disadvantage is the entire bulk of the building is on the street, similar to the massing of the Shorecrest Lane apartments along East Coast Highway. One ameliorating factor is the fact that the proposed buildings are typically 24 feet in height, as opposed to the 28 foot high structures of the Shorecrest Lane development. Parkins. All parking for the project is proposed to be provided in a subterranean parking structure. The parking lot layout shows 47 parking spaces, 19 of which are tandem spaces. The R-3 zoning district requires 1.5 parking spaces per dwelling unit, or a total requirement of 27 spaces. It is the opinion of staff that a higher parking requirement is necessary in order assure provision of ade^uate parking. Ten of the units are three bedroom units, and there is little on -street pai ing available in the vicinity of the project. It is therefore suggested that a minimum of 2.5 parking spaces per unit be provided. This standard would mandate 45 parking spaces. The configuration of the parking is also important to the adequacy of the parking. In order to function properly, tandem spaces must be assigned to specific individual units, and non -assigned spaces must be independently accessible. In order to assure parking adequacy, conditions of approval have been included which require the specific assignment of tandem parking spaces for each unit, and the provision of a minimum of 9 independently accessible guest parking spaces. Uses in the Buck Gully Setback The General Plan specifies a mandatory twenty-five foot setback from the Buck Gully property line. The General Plan states, "all C 4 To: Planning Commission - 7. construction including but not limited to fences, retaining walls, pools of any size or depth, or tennis or other activity areas are expressly prohibited within 25 feet of the to Buck Gully." The site plan shows a small property lines of all properties adjacent putting green, chipping area and ponds in this setback area. These uses are not allowed, and a condition of approval has been included prohibiting these uses. Buildine Identification Sien. A modification to the Zoning Ordinance is required in order to permit the proposed project identification sign. The code allows a building identification sign to be 6 sq.ft, in the, R-3 District. The proposed sign is 12 sq.ft. Staff has no objections to the request. Coastal Residential development Permit No. 16. The proposed development is in the Coastal Zone and contains more than two dwelling units. The project must, therefore, comply with City Council Policy P-1, which requires the inclusion of low or moderate income housing in the Coastal Zone, where feasible. The project proposes to provide two of the units for affordable housing, and is in compliance with Council Policy P-1. Tentative Map of Tract No. 14028. In order approval of a Tentative Tract Map is required. the standards contained in the Subdivision Code Conclusions and Specific F'indino to construct the condominium project, Parcel 1 contains one acre and meets Staff has no objections to the request. The adoption and amendment of the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth any required findings for either approval or denial of a General Plan Amendment. This also applies to amendments to the Local Coastal Program and Zoning Ordinance. Section 19.12.020 (D) provides that the Commission shall make specific findings in order to approve a tract map. Should the Planning Commission desire to approve this proposal, a series of Resolutions must be adopted, and Findings and Conditions of Approval established. Exhibit "A" defines the various actions for approval. Should the Commission desire to deny the General Plan Amendment and associated applications, actions and findings are provided in Exhibit "B". PLANNING DEPARTMENT JAMES D. HEWICKER, Director 0 By Patricia �LTemple Principal Planner PLT/ WP50\..\PC\GPA89-1(C) Attachments: 1. Exhibit "A" 2. Draft Resolution - GPA 89-1 (C) 3. Draft Resolution - LCP Amendment No. 17 4. Exhibit "B" 5. Vicinity Map 6. Negative Declaration 7. Plot Plan, -Floor Plans and Elevations 8. Tentative Tract Map .2< (tip 14cEtachment 1 TO: Planning Commission - 8. EXHIBIT "A" ACTIONS, FINDINGS AND CONDITIONS FOR APPROVAL ENVIRONMENTAL DOCUMENT GENERAL PLAN AMENDMENT 89-1 (C) LOCAL COASTAL PROGRAM AMENDMENT NO. 17 AMENDMENT NO. 682 SITE PLAN REVIEW NO. 50 COASTAL RESIDENTIAL DEVELOPMENT NO. 16 TENTATIVE MAP OF TRACT NO. 14028 Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy.' . 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul r, utes, access points to the site, watering and sweeping program designed to n :nimize the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. (I r r TO: Planning Commission - 9. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, and Recreation Department and the approval of the Planning andPublic Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound property line) level y and that all mechanical equipment shall bescreened fr5 dBA atom view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas Associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this eted prior to the issuance of the Certificate of condition shall be compl Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of he City Traffic Engineer. Ramp design and distancefrombehind he sidewalk oon Seaward Avenue shall r automobiles to exitngethe structuradequate e. 12. Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. B recommending app oval of Gene al Plan NT 1AmendmenAdopt 89- (C) to the City Council. LOCAL COASTAL PROGRAM AMENDMENT NO. 17, Adopt Resolution No. , recommending approval or local Coastal Program Amendment No. 17 to the City Council. D AblBNDMENT NO, 682. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. TO: L '0ko Planning Commission - 10. 2. That the proposed project cannot be implemented without the proposed amendment. crM pLArT REVI W NO - -a Findings: 1. That the project is consistent with the General Plan and the adopted Local Coastal Program, Land Vse Plan. 2. Adequate off-street parking. is being provided in conjunction with the proposed development. 3. 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. 4. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. ovements will th any 6. That the easements acquired by the of the ppublic atosed rlarge for access oth through tor�use of property within the proposed development. 7. The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification for the project identification sign is consist, nt with the legislative intent of Title 20 of this Code. Conditions: 1 tdevelopment ein substantial approved plot plan, floor plans, shall be except s may be noted below. G 2. That a minimum of two parking spaces for each dwelling unit plus one- half guest parking space for each dwelling unit be provided on -site. 3. That tandem parking spaces be assigned to specific dwelling units. �1. #1 gg (i TO: Planning Commission - 11. 4. That guest parking spaces be independently accessible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required. 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12. That a siltation, dust, and debris control plan shall be submitted and be subject io approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 13. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. 16. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully property line setback. TO: Planning Commission - 12. F COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO, 16 Finding: 1. That the proposed development has met the requirements of City Council Policy P-1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, the form and content of which is acceptable to the City Attorney and the Planning Director, which guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be twenty years. ar TENTATIVE MAP OF TRACT NO 14028 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 design of the subdivision. 2. That the proposed subdivision 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 public improvements may be required of the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. 0 5. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. TO: Planning Commission - 13. Conditions: 1. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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. 5. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110-L. Slopes, 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. 6. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all, vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the corner of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. f Conditions of Approval 4030 East Coast Hwy. 401 Seaward PC 978-90 GPA 89-1(c) SPR No. 50 Amendment No. 682 Environmental Document Mitigation Measures Condition Department 04�L Grading Permit Building Tanning 2. Drainage Grading Eng. 3. Haul operations 4. Erosion Control Plan 5. Grading Plans 6. ` \Landscape Plan landscape Plan 8. Mechanical equipment 9. Sound attenuation 10. Air Conditioning 11. Parking structure/ramp 12. Construction hours Site Plan Review No. 50 E CCondition WSubstantial Conformance 2. Parking Grading Eng. Grading Eng. Building Piannin Building Building Traffic Eng. Planning Department P1 g Pla ' Action Plans approval Plans approval Plans approval Plans approval bl� Plans approval Landscape Archit. Plans approval Plans approval Field Check Acoustical Eng.o� Plans approval Plans approval Letter of Comp. 199— Action \ Plans approval Plans approval Q GPA 89-1(c); SPR No. 50; & A 682 Conditions of Approval Page 2 Field Chec 3. Tandem parking Planning Field Check 4. Guest Parking �" Field Check 5. Parking Areas Traffic Field Check 6. Parking Areas Field' Check 7. Circulation Traffic Field Check 8. Mechanical Equipment Building Plans approval arming Field Check 9. Landscape plan PBR Plans approval FC\ 10. Site Plan Fire Dept. Plans approval 0K 1. Conditions Tract Plans approval &71-.._ Map #14028 12. Dust/Debris Building Plans approval control plan 13. Haul Routes Building Plans approval . i ^ 14. N/A V. Coastal Develop Permit tanning Permit 16. Buck Gulley tannin Coastal Residential Development Permit No. 16 a ondition Department Affordable Housing Agreement City Attorney Pending 0 Plans approval n LetterT of Comp. N w GPA 89-1(c); SPR No. 50; & A 682 Conditions of Approval Page 3 2. Affordable Housing City Attorney Record 3. Affordable Housing City Attorney Record Tentative Tract Map No. 14028 ds onditi n Department Action Map Recordation Public Works l 2. Improvements Public Works Plans approval (I 3. Improvements Public Works Plans approval 4. Water/sewer Public Works Plans approval 5. Sight distance Public Works Plans approval 6. Sanitation fees Building At permit issuance 7. Vehicular rights Public Works Plans approval 8. Encroachment Permit Public Works Plans approval 9. Improvement Plans Public Works Plans approval 10. Hydrology Public Works Plans approval 11. Storm drain easement Public Works Plans approval 12. Public Works fee Public Works i Plans approval 13. Edison transformer Public Works Plans approval 14. Traffic Control plan Public Works Plans approval CITY OF NEWPORT BEACH Building DepartmenL 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658.8915 Phone: (714) 644.3288 ❑ 02.701 Building Plan Check - Valuation ❑ 02.708 Grading Plan Check - Cu. Yds. FEE RECEIPT Plan Check No: Job Address ...... ............ .......... $ .................. I.............. $ ❑ 02-701/708 Overtime Plan Check - B G ❑ 02-703 Special Inspection ........................ .................. $ ❑ 02-703 ' Reinspection B E H P................................... $ ❑ 02-421 Temporary Electric .......................................... $ ❑[�........................ $ ,/ n 02-700 Planning Department Fees ..aj! •!�P�• a� • •� r� $ U, a �O ❑ 02-801 Sale ofMaps &Publications ..I�—�V ✓�.9.......... $ $ l� D •j/�� TOTAL FEES: $ LZ46 When validated this is a receipt for the amount of fee collected as shown in space above. The serial number, date and amount validated hereon have also been validated on your application or other document and have become a part of the records of the CITY OFNEWPORT EE'ACH from which this receipt may be identified. Validation RECEIVED BY: F ha-�_ Serial No. Date NOTICE: Plan Check expires 180 days after application. DISTRIBUTION: Original - Permittee; Cashier (1);. File (1) I Fee 136317..- 1 N FINAL FINDINGS AND CONDITIONS APPROVED BY CITY COUNCIL ON SEPTEMBER 11, 1989 FOR GENERAL PLAN AMENDMENT NO. 89-1, LOCAL COASTAL PROGRAM AMENDMENT NO. 17, ORDINANCE NO. 89-25 (AMENDMENT NO. 682) SITE PLAN REVIEW NO. 50, COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 16 TENTATIVE MAP OF TRACT NO. 14028 A. ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water pollutants. 3. The grading permit shall include a description of haul routes, access points to the site, watering and sweeping program designed to minimise the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the FINAL FINDINGS AND CONDITIONS PAGE 2. C. site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 6. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 8. All rooftop and other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 9. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, as measured from the area expected to experience the highest sound levels. Measurement and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 10. All units shall be air conditioned. 11. The design and layout of the parking structure and ramp shall be subject to the review and approval of the City Traffic Engineer. Ramp design and landscaping on Seaward Avenue shall be designed to provide adequate sight distance from behind the sidewalk for automobiles exiting the structure. 12. Construction shall conform to the hours of operation set forth in the Newport Beach Municipal Code. GENERAL PLAN AMENDMENT 89-1(C) Adopt Resolution No. 1195, recommending approval of General Plan Amendment 89-1(C) to the City Council. LOCAL COASTAL PROGRAM AMENDMENT NO. 17. Adopt Resolution No. 1196, recommending approval of Local Coastal Program Amendment No. 17 to the City Council. J FINAL FINDINGS AND CONDITIONS PAGE 3. D. AMENDMENT NO. 682. Recommend approval of Amendment No. 682 to the City Council, an amendment to Districting Map No. 20 rezoning the site from R-3-B to R-3 (1900) - SPR and to establish a 15 foot front yard setback on East Coast Highway and Seaward Road, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be'implemented without the proposed amendment. E. SrM PLAN REVIEW NO. 50. Findings: 1. That the project is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. 2. Adequate off-street parking is being provided in conjunction with the proposed development. 3. 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. 4. The proposed development is a high -quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City-wide importance. 6. That the design of 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. 7. The proposed use of tandem spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the FINAL FINDINGS AND CONDITIONS PAGE 4. proposed modification for the project identification sign is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. That a minimum of two parking spaces for each dwelling unit plus one- half guest parking space for each dwelling unit be provided on -site. 3. That tandem parking spaces be assigned to specific dwelling units. 4. That guest parking spaces be independently accessible and be identified as guest parking. 5. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 6. Parking areas shall have a maximum 5% slope. 7. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties. 9. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 10. That the site plan is subject to the further review and approval of the Newport Beach Fire Department in order to assure provision of adequate fire flow and emergency access. Automatic sprinklers and hose cabinets are recommended and may be required. 11. That all conditions of Tentative Map of Tract No. 14028 shall be fulfilled. 12. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa [ , 4. FINAL FINDINGS AND CONDITIONS PAGE 5. Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 13. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. 15. That a Coastal Development Permit be issued prior to the issuance of a building permit. 16. That no fences, retaining walls, pools of any size or depth, or tennis other activity areas be constructed in the 25 foot Buck Gully ,property line setback. 17. That all signs shall meet the requirements of the Sign Code. That the project identification signs shall not exceed 6 square feet in area. 18. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light. 19. That no construction take place on Saturdays, Sundays, or City -observed holidays; however, the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. F COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO.16 Finding: 1. That the proposed development has met the requirements of City Council Policy P-1. Conditions: 1. That prior to the recordation of the Final Tract Map, the applicant shall enter into an affordable housing agreement, -the form and content of which is acceptable to the City Attorney and the Planning Director, which FINAL FINDINGS AND CONDITIONS PAGE 6. guarantees the provision of two affordable dwelling units on site. The affordable housing agreement shall be recorded as deed restriction against the property. 2. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 3. The term of affordability shall be thirty-five years. G. TENTATIVE MAP OF TRACT NO. 14028 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 design of the subdivision. 2. That the proposed subdivision 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 public improvements may be required of the developed per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk constructed along the Seaward Road frontage and construction of ramps for the handicapped will improve pedestrian safety. Conditions: 1. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as.a basis of bearing. FINAL FINDINGS AND CONDITIONS PAGE 7. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to record a tract map or obtain a building permit prior to, completion of the public improvements. 4. That each dwelling 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. 5. That the intersection od Seaward Road and the driveway be designed to provide sight distance for a speed of 25 miles per hour in conformance with City Std. 110-L. Slopes, 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. 6. That County Sanitation District fees be paid prior to the issuance of any building permits. 7. That all vehicular rights to East Coast Highway be released and relinquished to the City of Newport Beach. 8. That sidewalk be constructed along the Seaward Road frontage; that a curb access ramp be constructed at the comer of East Coast Highway and Seaward Road; That unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Seaward Road frontage and the deteriorated sidewalk be reconstructed along the East Coast Highway frontage. All work within East Coast Highway shall be completed under an encroachment permit issued by the California Department of Transportation. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. FINAL FINDINGS AND CONDITIONS PAGE 8. 11. That the proposed structure not be built over the existing storm drain line located on the westerly portion of the property. The storm drain line must either be relocated in order to provide future maintenance of the storm drain or the proposed structure must be placed on piles a minimum of 10 feet clear of the storm drain line to provide for future maintenance of the storm drain without endangering the proposed structure. If the storm drain is relocated the old easement must be abandoned and a new one dedicated as required. Caltrans approval is required for any encroachments into the storm drain easement. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site be located outside the sight distance planes as described in City Std. 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right-of-way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. ACH AY OF WO t :B MINUTES Motion All Ayes �+ q\e0_0 co September 11, 1989 In response to some concerns raised by Council Member Turner, the Planning irector stated there have already b an a number of site plan reviews ap lied to development projects by the Cit Council for which the site plan revi overlay should be added. In addit n, there are currently sites designs ed in the General Plan for site plan rev w which are not so designated on any of r document within the City. Hopefully, having a site plan review ordinance, s ch as the ordinance under consideration nd actually changing the zoning and put ng the overlay on the districting map, the possibility of some of these requirem is "falling through the cracks," will t happen. It was also explained that its plan review provisions currently o not require a public hearing, althou they are acted upon and heard at a dui noticed public meeting. Under the propo ad ordinance, there is a requirement tha all property owners within a 300 foot ra us of the proposed site plan review be oticed. Council Member Hart suggested t t the fee for site plan review be modes in amount, inasmuch as the City will benefit. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 89-24 amending Title 20 of the Newport Beach Municipal Code zoning District. 2. Mayor Strauss opened the public hearing regarding: A. General Plan Amendment No. 89-1(C) - Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq.ft. of buildable lot area; and the acceptance of an environmental document. Volume 43 - Page 358 >PA 89-1(C) (45) .f AY OF NEWPORT BACH OUNCIL MEMBERS VMM September 11, 1989 MINUTES INDEX r B. Local Coastal Program Amendment No. LCPA#17 17 - Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq.ft. of buildable lot area. C. Proposed Ordinance No. 89-25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT (Planning Commission Amendment No. 682). PCA 682 D. Site Plan Review No. 50 - Request Site Pln to permit the construction of an vw1I50 eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. E. Coastal Residential Development RDPll16 Permit No. 16 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low- and Moderate - Income Housing within the Coastal Zone. F. Tentative Map of Tract No. 14028 - Tent Mp Request to subdivide an existing Tr 14028 lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. Volume 43 - Page 359 L Y OF NEW6 September 11, 1989 (Property located at 4030 East GPA 89-1(C) Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands; zoned R-3-B) Report from the Planning Department. Kent Hawkins, representing buck Gully Associates, addressed the Council and advised that they had met with residents in the neighborhood to obtain their input regarding the proposed condominium project, and felt that they have satisfied their concerns. They have lowered the project in height so as to not block any existing views; maintained the required parking of 231 parking spaces per unit; and will be providing two "for sale" low-income units on the site for an affordable period of 20 years at a cost of approximately $159,000. Mayor Strauss indicated he would like to see the affordable period extended beyond 20 years, to which Mr. Hawkins replied that they had no objection to extending the affordable period. It was noted that the development is subject to in-ieu park fees; and therefore, would be required to pay approximately $6,000 per dwelling unit, including the affordable units. The projected sale price for the units, other than the two affordable units, is between $400,000 and $500,000. Following discussion, and hearing no others wishing to address the Council, the public hearing was closed. Council Member Sansone complimented the developer on his efforts in obtaining and satisfying the concerns of the community regarding this project. He stated, however, there still are some concerns pertaining to mass and density in the immediate area of the proposed development access to Pacific Coast Highway (PCH) at Seaward Avenue northerly, and the U-turn which is permitted eastbound off of PCH at Seaward Avenue. Council Member Sansone also pointed out that at the same time this project is underway, three other projects will be taking place on PCH at this particular Volume 43 - Page 360 Motion x Ay OF NEWPOIRT ®LOCH �O�9 y9� n�� $9�� G �� September 11, 1989 location, i.e., Emerald Associates Development directly across the street from the subject property, the sewer line to downcoast, and the Laguna Beach water line. Therefore, he requested the staff take whatever steps are necessary to coordinate these projects in order that the traffic on PCH be impacted as little as possible. MINUTES Following additional comments by Council Member Sansone, motion was made to: A. Sustain the action of the Planning Commission and 1. Adopt Resolution No. 89-103, adopting General Plan Amendment No. 89-1(C), and accepting the environmental document; and 2. Adopt Resolution No. 89-104, adopting Local Coastal Program Amendment No. 17; and 3. Adopt Ordinance No. 89-25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT (Planning Commission Amendment No. 682); and 4. Approve Site Plan Review No. 50, (with the deletion of the installation of a 12 sq. ft. identification sign at the entrance of the development); approve Coastal Residential Development Permit No. 16 and Tentative Map of Tract No. 14028, subject to the findings and conditions established by the Planning Commission. Also included in the above motion, are the following two added conditions: Volume 43 - Page 361 GPA 89-1(C) 89-103 89-104 OY OF NEWPORT ®OACH MINUTES Ayes Abstain x co 4r September 11, 1989 5. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light; and 6. That no construction take place on Saturdays, Sundays, or City -observed holidays; however, the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. 4 MAYOR PRO TEM PLUMMER ENTERED THE MEETING AT THIS TIME (8:15 P.M.) AND TOOK HER SEAT. Mayor Strauss requested that Council Member Sansone amend the motion to extend the affordability period from 20 to 35 years, to which there were no objections. Council Member Turner commented that he did not want to see the 35-year affordability period become the new "benchmark" for the City as a result of this action. x x x x The motion, as amended, was voted on and x carried. Mayor Strauss opened public hearing and City Council review of USE PERMIT NO. 677 (Amended) and VARIANCE NO. 1106 - R quest of the Stuft Noodle Restaurant, Ne ort Beach, for consideration of addi or modifying Conditions of Approv of said applications, approved by the P nning commission at its meeting on ugust 10, 1989- Property located at -217 Riverside Avenue, on the northwest: ly corner of Riverside Avenue and Avon treat; zoned SP-5. Report from the Pla ling Department. The City Clerk advised hat after the agenda was printed, appr imately 22 letters were received in s port of the Stuft Noodle remaining open ring the lunchtime hour. Volume 43 - Page 362 GPA 89-1(C) U/P 1677(A), Var 1106 (88) 4 r ' City Council Meeting September 11 1989 Agenda Item No. D-2 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A. General Plan Amendment No 89 1fC) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area; and the acceptance of an environmental document. Imp] B. Local Coastal Program Amendment No. 17 Request to amend the Land, Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach AND C. Ordinance No 89-25 LAmendment No. 682) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO.20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT /:`-101 D. Site Plan Review No. 50 Request to permit the construction of an eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the TM TO: City Council - 2. Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. ME E Coastal Residential Development. Permit No. 16 Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low - and -Moderate -Income Housing within the Coastal Zone. 0 F. Tentative Man of Tract No. 14028 Request to subdivide an existing lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly comer of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R-3-B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine Applications The applications described above will, if approved, allow construction of an eighteen unit condominium project. The original submittal made for this project showed twenty condominium units. Subsequent review of the project by adjacent property owners and City staff has resulted in the elimination of two units which were originally shown in the required twenty-five foot setback from the Buck Gully property line. The, requested General Plan density is now one unit for each 1,900 sq. ft. of buildable lot are4. General Plan Amendment procedures are in City Council Policy Q-1; Amendment procedures are in Chapter 20.84 and Tentative Tract Map procedures are in Chapter 19.12 of the Newport Beach Municipal Code. Site Plan Review Procedures are as revised via Amendment No. 683. Coastal Residential Development Permit procedures are contained in City Council Policy P-1. CITY OF NEWPORT BEACH MINUTES '9j� REGULAR COUNCIL MEETING �p 9 0qt PLACE: Council Chambers \G �� TIME: 7:30 P.M. DATE: September 11, 1989 Pres Absentt IN IN I xI x Motion All Ayes Motion All Ayes x x A. ROLL CALL. x x B. Reading of Minutes of Meeting of August 28, 1989, was waived, approved as written, and ordered filed. x C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Strauss opened the public hearing regarding proposed ORDINANCE NO. 89-24, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH A "SITE PLAN REVIEW" SPECIAL ZONING DISTRICT (Planning Commission Amendment No. 683), was presented for second reading with report from Planning Department. It was noted that under the existing Zoning Code, site plan review procedures are directed primarily toward review of projects in Specific Plan Areas. However, in recent months, the Planning Commission and City Council have required site plan review as a condition of approval of a number of projects. As additional sensitive sites are subject to increasing development pressure, it is likely that site plan review of additional projects will be warranted. In order to maximize the effectiveness of the site plan review process, it is suggested that a "Site Plan Review" overlay district be created for sensitive areas and that site plan review procedures be revised to better address projects outside specific plan areas. Under the proposed ordinance, the Planning Commission or City Council would have the ability to apply the overlay district to sensitive areas including slopes, environmentally sensitive areas, or viewsheds. Placement of any property in the overlay district would be at the option of the Planning Commission or City Council. Nothing in the ordinance would require that any site be placed in the district. Volume 43 - Page 357 Ord 89-24 Zoning/Site Pln Rvw (94) 'ii7;Tcf:P:. CITY OF NEWPORT BEACH MINUTES A I Al Motion All Ayes 4 L\Gq�� A �� September 11, 1989 x In response to some concerns raised by Council Member Turner, the Planning Director stated there have already been a number of site plan reviews applied to development projects by the City Council for which the site plan review overlay should be added. In addition, there are currently sites designated in the General plan for site plan review which are not so designated on any other document within the City. Hopefully, by having a site plan review ordinance, such as the ordinance under consideration and actually changing the zoning and putting the overlay on the districting map, the possibility of some of these requirements "falling through the cracks," will not happen. It was also explained that site plan review provisions currently do not require a public hearing, although they are acted upon and heard at a duly noticed public meeting. Under the proposed ordinance, there is a requirement that all property owners within a 300 foot radius of the proposed site plan review be noticed. Council Member Hart suggested that the fee for site plan review be modest in amount, inasmuch as the City will benefit. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 89-24 amending Title 20 of the Newport Beach Municipal Code zoning District. 2. Mayor Strauss opened the public hearing regarding: A. General Plan Amendment No. 89-1(C) - Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -gamily Residential" with a density of one dwelling unit for each 1,900 sq.ft. of buildable lot area; and the acceptance of an environmental document. Volume 43 - Page 358 (45) 89-1(C) CITY OF NEWPORT BEACH MINUTES \LL '0 qP y O� 9 �G L-Septemberl" LL S �'J� �� 1989 Local Coastal Program Amendment No. 17 - Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi -Family Residential" with a density of one dwelling unit for each 1,900 sq.ft. of buildable lot area. C. Proposed Ordinance No. 89-25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT (Planning Commission Amendment No. 682). PCA 682 D. Site Plan Review No. 50 - Request Site Pln to permit the construction of an Rvw#50 eighteen unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R-3 District to 6 square feet. E. Coastal Residential Development RDP#16 Permit No. 16 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for an 18 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low- and Moderate - Income Housing within the Coastal Zone. F. Tentative Map of Tract No. 14028 - Tent Mp Request to subdivide an existing Tr 14028 lot into a single parcel of land in conjunction with the development of an eighteen unit residential condominium project on the subject property. Volume 43 - Page 359 CITY OF NEWPORT BEACH MINUTES a�yo0 N September 11, 1989 (Property located at 4030 East GPA 89-1(C) Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands; zoned R-3-B) Report from the Planning Department. Kent Hawkins, representing Buck Gully Associates, addressed the Council and advised that they had met with residents in the neighborhood to obtain their input regarding the proposed condominium project, and felt that they have satisfied their concerns. They have lowered the project in height so as to not block any existing views; maintained the required parking of 2k parking spaces per unit; and will be providing two "for sale" low-income units on the site for an affordable period of 20 years at a cost of approximately $159,000. Mayor Strauss indicated he would like to see the affordable period extended beyond 20 years, to which Mr. Hawkins replied that they had no objection to extending the affordable period, It was noted that the development is subject to in-ieu park fees; and therefore, would be required to pay approximately $6,000 per dwelling unit, including the affordable units. The projected sale price for the unitg,, other than the two affordable units, is between $400,000 and $500,000. Following discussion, and hearing no others wishing to address the Council, the public hearing was closed. Council Member Sansone complimented the developer on his efforts in obtaining and satisfying the concerns of the community regarding this project. He stated, however, there still are some concerns pertaining to mass and density in the immediate area of the proposed development access to Pacific Coast Highway (PCH) at Seaward Avenue northerly, and the U-turn which is permitted eastbound off of PCH at Seaward Avenue. Council Member Sansone also pointed out that at the same time this project is underway, three other projects will be taking place on PCH at this particular Volume 43 - Page 360 CITY OF NEWPORT BEACH MINUTES Motion 9 G�1Z S►o G; G9,A� ,� �� �N September 11, 1989 x location, i.e., Emerald Associates GPA 89-1(C) Development directly across the street from the subject property, the sewer line to downcoast, and the Laguna Beach water line. Therefore, he requested the staff take whatever steps are necessary to coordinate these projects in order that the traffic on PCH be impacted as little as possible. Following additional comments by Council Member Sansone, motion was made to: A. Sustain the action of the Planning Commission and 1. Adopt Resolution No. Res 89-103 89-103, adopting General Plan Amendment No. 89-1(C), and accepting the environmental document; and 2. Adopt Resolution No. Res 89-104 89-104, adopting Local Coastal Program Amendment No. 17; and 3. Adopt Ordinance No. 89-25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 20 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R-3-B DISTRICT TO THE R-3 (1,900) SPR DISTRICT (Planning Commission Amendment No. 682); and 4. Approve Site Plan Review No. 50, (with the deletion of the installation of a 12 sq. ft. identification sign at the entrance of the development); approve Coastal Residential Development Permit No. 16 and Tentative Map of Tract No. 14028, subject to the findings and conditions established by the Planning Commission. Also included in the above motion, are the following two added conditions: Volume 43 - Page 361 CITY OF NEWPORT BEACH MINUTES Ayes I x Abstain PO September 11, 1989 5. That no construction vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light; and 6. That no construction take place on Saturdays, Sundays, or City -observed holidays; however, the developer is permitted to clean the site on Saturdays, providing no powered machinery is used. MAYOR PRO TER PLUMMER ENTERED THE MEETING AT THIS TIME (8:15 P.M.) AND TOOK HER SEAT. Mayor Strauss requested that Council Member Sansone amend the motion to extend the affordability period from 20 to 35 years, to which there were no objections. Council Member Turner commented that he did not want to see the 35-year affordability period become the new "benchmark" for the City as a result of this action. x x x x The motion, as amended, was voted on and x carried. 3. Mayor Strauss opened public hearing and City Council review of USE PERMIT NO. 1677 (Amended) and VARIANCE NO. 1106 - Request of the Stuft Noodle Restaurant, Newport Beach, for consideration of adding or modifying Conditions of Approval of said applications, approved by the Planning Commission at its meeting on August 10, 1989. Property located at 215-217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street; zoned SP-5. Report from the Planning Department. The City Clerk advised that after the agenda was printed, approximately 22 letters were received in support of the Stuft Noodle remaining open during the lunchtime hour. Volume 43 - Page 362 GPA 89-1(C) U/P 1677(A), Var 1106 (88) CITY OF NEWPORT BEACH MINUTES 4r CO- 0 j,oN September 11, 1989 The City Manager stated that the subject U/P 1677(A) restaurant has a history going back to 1973 when the Planning Commission approved the sale of beer and wine service at the Stuft Noodle Restaurant. The Planning Commission further amended the use permit in 1975 and 1983, and then on September 20, 1984, a condition was added which stipulated that when Avon Street was improved, the City shall review the Stuft Noodle operation again, inasmuch as said improvement could impact the parking. Avon Street has now been improved, and at the Planning Commission meeting of August 10, 1989, they voted (4 ayes, 3 noes) to recommend the approval of this matter which permits the full operation of the facility at night and on weekends, and the limited lunchtime operation during the week. It was pointed out that the major concern of the three Commissioners, who voted in opposition to the review, was the inadequate parking for the restaurant use for a limited operation at lunchtime during the week. However, a majority of the Commissioners were of the opinion that Condition of Approval No. 15 gives the Planning Commission the opportunity to review the use permit at a later date if it is determined that the traffic and parking are detrimental to the neighborhood. The applicant informed the Planning Commission that the restaurant serves a maximum of 24 customers at lunchtime during the week, and many of the customers walk to the restaurant facility. In addition, only four employees work in the restaurant during that time, and all of the employees park in the adjoining Municipal Parking Lot. Mel Malkoff, 417 Tustin Avenue, representing the owner of the Stuft Noodle, addressed the Council in support of allowing the restaurant to remain open during lunchtime, and to waive the parking requirements. He stated that parking has been a long-time issue in Newport Heights; however, he felt that the municipal lot in Mariners Mile is underutilized. The owner of the Stuft Noodle has written a letter to the City Council requesting he be permitted to purchase three annual parking permits in the local municipal lot which would act as "off-street," or in -lieu parking for Volume 43 - Page 363 CITY OF NEWPORT BEACH MINUTES Gy9� c+ 9�� .6 0 September 110 1989 the restaurant for the lunchtime U/P 1677(A) business. Only one room of the restaurant is used at lunchtime which translates into 14 parking spaces for that size room. Patrons that frequent the restaurant are local residents and merchants from the area who walk to the restaurant rather than drive their car. He submitted two additional letters and a petition with 18 signatures in support of the Stuft Noodle's request to remain open at lunch, and urged the City Council to sustain the action of the Planning Commission. Ken Urbanus, President of Sunburst Mortgage Company, 204 Riverside Drive, addressed the Council in favor of the Stuft Noodle. He stated he has 17 employees in the office, and entertains clients often who patronize and enjoy the Stuft Noodle. Dr. Jan Vandersloot, 2221 16th Street, addressed the Council and stated that he was not opposed to the Stuft Noodle, but felt there is a parking problem during lunchtime. He stated he has observed customers of the Stuft Noodle park their vehicles across the street and then walk to the restaurant. He reviewed the history of parking in the area relative to the Stuft Noodle, and stated he would like to see a more conscientious effort to try and mitigate the parking if this request is approved. He cited a few areas in the Mariners Mile vicinity where parking might be available, and stated that, inasmuch as restaurants are one of the highest traffic generators, he felt the request to waive the parking requirements should be denied. Mary Ann Malkoff, 417 Tustin Avenue, representing the applicant, addressed the Council in support of the Stuft Noodle. She advised that she had contacted Bob Grable regarding the possibility of leasing some parking spaces at the John Dominia site during lunchtime hours; however, she now understands from City staff that the parking spaces would have to be leased four to five years, which may not be possible. She emphasized that the majority of their customers walk to the restaurant and that many times they never serve over 20 people during lunch. Volume 43 - Page 364 CITY OF NEWPORT BEACH OUNCIL MEMBERS \�T Z�Oy GL��e9GNy_k 'A F September 11, 1989 MINUTES Janine Gault, 406 San Bernardino Avenue, representing Newport Heights Community Association, addressed the Council and stated that the Stuft Noodle has been a "good neighbor;" however, there is the ever-increasing parking problem in Mariners Mile which is a major concern. She felt that review of the subject permit was perhaps the appropriate time in which to mitigate some of the parking problems even though the Stuft Noodle is probably one of the smallest traffic generators in the area. Their association would like to help in any way they can to mitigate the problems, and would also urge that the parking requirements not be waived. Robert Douk, owner of the Stuft Noodle Restaurant, addressed the Council and stated that the lunchtime trade was not his major business; however, he needed the lunchtime business in order to break-even. He has served anywhere from 3 to 30 customers during the noon hour, and he would like to be given the opportunity to prove that he is not a burden on the community. He does not feel his patrons cause any traffic or parking problems as the majority of them walk to his restaurant at lunchtime. Council Member Hart commented she wished to clarify for the record that the Stuft Noodle is deficient of 29 parking spaces when open at lunchtime, rather than the 3 parking spaces as referenced by earlier speakers. Mr. Douk replied that there are approximately 6 businesses in the offices above the restaurant, and that many of those employees are out in the field from about 10:00 a.m. to 4:00 p.m., and that his lunch trade is only from 11:30 a.m, to 1:30 p.m. The restaurant closes at 2:30 p.m. and reopens again at 5:00 p.m. The Public Works Director advised that the subject building was first constructed in 1958 and at that time parking was inadequate, and it was this particular project that led the City Council to adopt off-street parking standards. The building was developed prior to the existence of those off-street parking standards. Volume 43 - Page 365 U/P 1677(A) CITY OF NEWPORT BEACH MINUTES Motion Motion Ayes Noes lno S� September 11, 1989 x I x I x I x I x Cheryl Slepack of Balport Lock and Safe, 177 Riverside Avenue, addressed the Council in support of the Stuft Noodle. She stated she felt it would be a great "loss" to the immediate community if the restaurant were closed during lunch, as it is very convenient to order items "to go" to take back to their businesses. She feels the parking problem is not caused by the Stuft Noodle, but is a result of the entire area. Richard Kaufmann, owner of C'est Si Bon Bakery, 149 Riverside Avenue, addressed the Council in favor of the Stuft Noodle. He stated he has owned the bakery at this location for 10 years and that many of his employees eat at the restaurant. He also felt that many of the parking problems in the area are caused by other businesses and not by the Stuft Noodle. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hart stated there has been a long-time concern of the residents and merchants in the area to resolve the parking issues in order to make Mariners Mile successful. She pointed out again the deficiency of 29 parking spaces on the part of the Stuft Noodle, and emphasized how important it is to the area to have adequate parking. Following above comments, Council Member Hart moved to overrule the decision of the Planning Commission and deny the request for week -day operation, based on the Findings for Denial designated as Exhibit "B." Council Member Cox spoke in opposition to the motion, commenting he did not feel the Stuft Noodle was "harmful" to the parking situation during the noon hour, and that the restaurant should not be penalized for the overall parking problem in the area. x In view of the foregoing comments, x substitute motion was made to sustain the decision of the Planning Commission, with Planning Commission review of the subject use permit in six months. The applicant is also urged to make every effort to seek additional off -site parking spaces in the Mariners Mile area. Volume 43 - Page 366 U/P 1677(A) CITY OF NEWPORT BEACH MINUTES q �r,� y 0\yin;�t�q�N��O� 9� September 11, 1989 Motion All Ayes Motion All Ayes Motion All Ayes x 4. Mayor Strauss opened the public hearing PW/Crbs & regarding the Report of the Public Works Gtr Cnstr Director on the Construction of Curbs Broad/Wes and Gutters on the easterly side of minster/ Broad Street between Westminster Avenue Bolas and Bolas Avenue. (74) Report from Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to confirm the assessment, and allow property owners to pay assessment of over $1000.00 each over a period of 3 years at an interest rate of 7% per annum, subject to the execution of an agreement to repay. 5. Mayor Strauss opened the public hearing Vacation/ regarding Vacation of that portion of Prtn Bk Bay Back Bay Drive (east of Jamboree Road) Dr as shown on Parcel Map No. 79-704 (90) (Resubdivision No. 616). Report from Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 89-105 ordering the vacation and abandonment of a portion of Back Bay Drive; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on September 25, 1989: (a) Proposed ORDINANCE NO. 89-26, Ord 89-26 being, Veh/Trfc (85) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.100 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE THE CUL-DE-SAC PORTION OF Volume 43 - Page 367 CITY OF NEWPORT BEACH MINUTES �0 \(�0 N September 11, 1989 HILARIA WAY, EASTERLY OF FLAGSHIP ROAD FOR ANGLE PARKING. (Report from Traffic Affairs Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89-106 amending Utilities/ procedures for unpaid water charges Unpd Wtr and discontinuance of water Chrg Srva service. (Report from Utilities Res 89-106 Director) (89) (b) Resolution No. 89-107 approving a Sls Tx consultant services agreement with Cnsltg Srvs Municipal Resource Consultants MRC/CNB (MRC) to perform sales tax Res 89-107 consulting services for the City of C-2775 Newport Desch, and authorize the (38) Mayor and City Clerk to execute said subject agreement. (Report from Finance Director) (c) Resolution No. 89-108 establishing Prkg Re- no parking restrictions from 8:30 stretns/ a.m. to 12:30 p.m. on Bayside Baysd/Mang Drive, between Marguerite Avenue Jasmn and Jasmine Avenue, on Tuesdays. Res 89-108 (Report from Traffic Affairs (63) Committee) 3. CONTRACTS/AGREEMENTS: (a) Approve and authorize the Mayor and City Yard/ City Clerk to execute the Building Bldg Mntne Maintenance Services Agreement for Srvs/GS City Yard with Ed Building C-2774 Maintenance Company. (Report from (38) General Services Director) (b) Approve the Joint Powers Agreement Santiago with the Santiago Library System, Libry Sys and authorize the Mayor and City Agm Clerk to execute subject agreement. C-1218 (Report from Board of Library (38) Trustees) (c) Approve and authorize the Mayor and San Joaquin City Clerk to enter into a Resry Tr Memorandum of Understanding with Agm/M-O-U the participants in the San Joaquin C-2193 Reservoir Trust Agreement. (Report (38) from Utilities Director) 4. COMMUNICATIONS - For referral as indicated: (a) To Business License Supervisor for Bus Lic denial, letter from Michael (27) Antzoulatos requesting a permit for rental business on the beach. Volume 43 Page 368 CITY OF NEWPORT BEACH °MBERS MINUTES i C o� � �N September 11, 1989 INDEX 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from Newport Beach Conference & Visitors Bureau concerning the annual report. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Auto Club of Southern California Auto Clb for Garry P. Melonson, alleging his S/CA & parked vehicle was hit by City Dump Melonson Truck at McFadden Square Parking Lot on June 19, 1989. (b) John Grabinger alleging personal Grabinger injuries as a result of being forced into oil slick involving fire truck leaking oil onto bike lane, at Irvine and 16th Street on August 19, 1989. (c) Peter Lascola alleging damages to Lascola his vehicle as a result of being side -swiped by City truck at Newport Boulevard on July 25, 1989. (d) Frank Marshall alleging City Refuse Marshall truck hit block wall next to alley and damaged fence, at 505 E. Bay Avenue on August 19, 1989. (e) Barbara Palow seeking reimbursement Palow of insurance deductible as she feels faulty traffic lights caused i collision at 32nd Street and Newport Boulevard on March 1, 1989. (f) Marguerite J. Pitts alleging Pitts personal injuries as a result of trip and fall over uneven pavement, rocks, tree branches, etc., at 3300 block of Pacific View on July 31, 1989. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) David Palmer for personal injuries, Palmer Orange County Superior Court, Case No. 600061. Claim was denied by City Council on March 27, 1989. Volume 43 - Page 369 CITY OF NEWPORT BEACH n MINUTES Jc G NN September 11, 1989 (b) Paul Aronsohn for personal injuries, assault, battery, false imprisonment, etc., Orange County Superior Court, Case No. 576644. Claim was filed with City in March, 1988. 8. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Library Clerk I, Library Department. (b) One Refuse Worker II, Refuse Division. (c) Three Refuse Worker I, Refuse Division. (d) One Police Officer, Patrol Division. (e) One Groundsworker I, Parks Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and Recreation Director accepting the donation of $500.00 from the Exchange Club of Newport Harbor and approve a budget amendment to appropriate the funds. For Council information and filing: (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - September 25, 1989: (a) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) (1988/89 Grantee Performance Report) - Review of City's Grantee Performance Report (GPR). (Report from Planning Department) Volume 43 - Page 370 Aronsohn (66) PB&R (62) CDBG Prgrm HUD (87) CITY OF NEWPORT BEACH OUNCIL MEMBERS MINUTES C+ !r September 11, 1989 INDEX 11. APPLICATION TO CONSTRUCT A CURB CUT - If Permit/ desired, approve the application of Gil Ferguson Ferguson to construct a curb cut on (65) Balboa Avenue to serve a partly covered off-street parking space at 300 Sapphire Avenue. (Report from Public Works Department) Note: Telephone message received after the agenda was printed from Mrs. Hochadel (property owner at 307 Sapphire) against the proposed curb cut. 12. SPECIAL EVENTS PERMITS - Uphold staff's Permits recommendation to approve the following, (65) subject to conditions listed in the staff report: (a) Application No. 89-297 - Amplified Apli 89-297 sound by Delaine Robin for a 30th birthday party, 720 West Oceanfront, September 23, 1989. (b) Sixteen special events activities relating to "Sea Fast" - Removed from the Consent Calendar. (c) Application No. 89-189 - Temporary Apli 89-189 road closure of Jamboree Road at University for the Human Race Triathlon, sponsored on behalf of the American Lung Association, October 1, 1989. 13. BUDGET AMENDMENTS - For approval: (25) BA-018, $500 - Increase in Budget Appropriations and Revenue Estimates for purchase of refrigerator for Community Youth Center. Funds donated by the Exchange Club; Park and Recreation Fund. (Refer to report w/agenda item F-9(a)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Business License Supervisor Permits/ recommending approval of "Sea Fest" Spcl Evnts activities requested by the Chamber of "Sea Fest" Commerce, September 15 thru 24, 1989. (65) Council Member Cox advised that the Chamber of Commerce has put together a program consolidating many activities which occur throughout the year into a 10-day period from September 15 to 24. He added that there will be some 24 events taking place during the "Sea Fest," and will provide an opportunity for the residents to enjoy this seaside Volume 43 - Page 371 CITY OF NEWPORT BEACH MINUTES ,t Motion All Ayes 00 Ali 20 September 11, 1989 x community without the tourists. He complimented the Chamber for taking the "leadership" of coordinating this function, and urged those intrested to attend. Motion was made to uphold staff's recommendation to approve, subject to conditions listed in the staff report, the following Special Events Applications: Application No. 89-280 - Opening Ceremonies and Taste of Newport Friday, September 15 - Sunday, September 17, Fashion Island. Application No. 89-071 - Bike Tour Sunday, September 17, Dunes Aquatic Park. Application No. 89-064 - Character Boat Parade, Sunday, September 24, throughout Newport Harbor. Application No. 89-059 - Electric Boat Race, Saturday, September 16, Lido Peninsula Marine Center, Cannery Restaurant, Rhine Channel. Application No. 89-056 - Fishing Tournament and Banquet, Thursday, September 19, Cannery Restaurant. Application No. 89-281 - Navy Ship, Saturday and Sunday, September 16 and 17, Harbor Department. Application No. 89-057 - Kite Contest, Sunday, September 17, Peninsula Park. Application No. 89-062 - Boat Auction, Wednesday, September 20, Lido Marina Village. Application No. 89-058 - Outrigger Canoe Races and Luau, Saturday, September 16, Dunes Aquatic Park. Application No. 89-060 - Lifeguard Pier Swim, Sunday, September 17, Balboa Pier Area. Application No. 89-261 - Surfing Championships] Saturday and Sunday, September 16 and 17, Oceanfront Beach at 54th Street. Volume 43 - Page 372 89-280 89-071 Apli 89-064 Apli 89-059 89-056 Apli 89-281 Apli 89-057 Apli 89-062 89-058 89-261 CITY OF NEWPORT BEACH MINUTES Motion All Ayes Motion All Ayes 4r G � lA N� September 11, 1989 x x Application No. 89-061 - Sandcastle Contest, Sunday, September 17, Corona del Mar State Beach. Application No. 89-262 - Volleyball Tournament, Sunday, September 17, Corona del Mar State Beach. Application No. 89-074 - Windsurfing, Saturday, September 16, Turning Basin and the Oceanfront at the Harbor Entrance. Application No. 89-063 - Wooden Boat Festival, Friday, Saturday and Sunday, September 22 - 24, Seascout Base. 2. Memo from Department of Fish & Game regarding Back Bay Clean-up Day on September 16, 1989 from 9:00 a.m. to 3:00 p.m. Following Council Member Hart's announcement that the Back Bay Clean-up Day Program has been divided into six clean-up zones with several different parking areas where a person can pick up a trash bag and "start to work," motion was made to approve the foregoing memo for Council information and filing. She stated that many of the Council Members will be in attendance, and urged residents to participate. 3. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON AUGUST 24, 1989. Following review of the off-street parking proposed in conjunction with the establishment of a yacht club on property located at 3333 West Coast Highway within the Recreational Marine Commercial area of the Mariners Mile Specific Plan, motion was made to receive and file the subject report. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89-23, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.32.020(b) OF THE NEWPORT BEACH MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES EXCEEDING 6,000 POUNDS FROM OPERATION ON CERTAIN STREETS WITHIN THE CITY LIMITS, Volume 43 - Page 373 EO� 89-262 Apli 89-074 89-063 CA State/ Fish & Game (28) Planning (68) Ord 89-23 Vehicles/ Traf f is (85) CITY OF NEWPORT BEACH MINUTES Motion All Ayes Motion All Ayes x 4r 1 h NS September 11, 1989 F9 was presented for second reading with report from Traffic Affairs Committee dated August 28, 1989. It was pointed out that the subject ordinance was adding Seaward Road, southerly of Pacific Coast Highway to the list of streets with a three -ton weight limit. At the request of Council Member Sansone, motion was made to amend the proposed ordinance to include Seaward Road, north of Pacific Coast Highway, and to reintroduce Ordinance No. 89-23 as revised, and pass to second reading on September 25, 1989, CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works Department Permit/ regarding APPEAL OF GREGORY V. RUZICKA Encroacbmt from denial of an application to Ruzicka construct a two -foot -high retaining wall (65) encroaching 3.5 feet into the public right-of-way adjacent to 1620 Kings Road. Victor Ruzika, representing his son Gregory Ruzicka, applicant, 1620 Kings Road, addressed the Council in support of the appeal. He described the proposed encroachment; cited similar encroachments on Kings Road in the immediate area, and stated they felt the encroachment would not cause any type of interference. Motion was made to approve the appeal, with the provision that said encroachment is patterned and consistent with similar encroachments in the nearby area, or that said encroachment not exceed 3.5 feet into the public right-of-way, whichever is less; and further, that this encroachment be subject to execution of an agreement for non-standard improvements and a building permit from Building Department. 2. Report from Public Works Department Permit/ regarding APPEAL OF DAN AND BARBARA Drvwy Aprch D'AMORE from provisions of Council D'Amore Policy L-2 prohibiting driveway (65) approaches to residential property which abuts an alley. Volume 43 - Page 374 t CITY OF NEWPORT BEACH MINUTES 5��9 y9'A G� N G � �� September 11, 1989 It was noted that the applicant desires Permit/ to construct a large new residence at D'Amore 809 East Bay Avenue with basement parking taking vehicular access from the street. The applicant is also applying for a modification to encroach 3 feet into the 10 foot front yard setback. The Public Works Director referenced an exhibit on display depicting elevations and plans for the proposed dwelling, and stated that there were two primary reasons the staff recommended the subject application be denied: 1) pedestrian traffic on the public sidewalk adjacent to 809 E. Bay Avenue, and 2) potential for tidal flooding due to Bay Avenue being very low in elevation. He also commented that the location of the garage at the end of an intersecting alley makes vehicular access relatively easy. Dan D'Amore, applicant, addressed the Council and stated that his house would be the only one in the area conforming to the current zoning requirement of four parking spaces. In December 1988 he was given an "approval in concept" of his design, and since that time he has applications for the necessary permits. He said it was not until August 29, 1989 that he was informed he would have to obtain approval to allow entrance into the proposed residence from Bay Avenue instead of the alley directly behind the property. The slope required to enter the property from the alley would reduce the square footage allowed for the residence. With regard to potential flooding as referenced by the Public Works Director, he stated he was aware of low -flooding; however, there was not any this past year. He advised that it was the architect's intention to construct the garage in such a manner as to remove the majority of water with the help of a sump pump. With regard to the "approval in concept" Mr. D'Amore stated he had received several months ago, the Planning Director commented that it was only a week ago when he heard that the applicant had submitted plans for the subject structure and the existence of any "approval in concept" was a surprise. He stated that when an "approval in concept" is issued, the staff has to certify to the Coastal Commission that all discretionary Volume 43 - Page 375 CITY OF NEWPORT BEACH ,j 4 MINUTES Motion All Ayes Motion All Ayes x �\G�N September 11, 1989 x actions have been taken, and if a curb Permit/ cut is required to take access from the D'Amore street as opposed to the alley, an "approval in concept" should not have been issued prior to the curb cut receiving approval by the City Council. Mr. D'Amore advised that as a result of the "approval in concept" he received in December, 1988, he has obtained a permit from the Coastal Commission. It was indicated there were some issues that needed further clarification relative to this matter; and therefore, motion was made to direct the staff to report back on September 25, 1989. 3. ARTS COMMISSION VACANCY: Motion was made to confirm the following nominations of the Appointments Committee for appointment on September 25, 1989, to fill the unexpired term of Kym Young ending June 30, 1992: Jane Piasecki and Howard Herzog Meeting adjourned at 9:45 p.m. The agenda for this meeting was posted on September 7, 1989, at 8:35 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 43 — Page 376 Arts Cmsn