The URL can be used to link to this page

Home My WebLink About2801 W COAST HWY2807 W Coast Hwy Use REMAINING DEVELOPMENT �9/ S • Nou- I NUcN-P V,�, Sq. ft. MAXIMUM Remaining development A ws oti 4-t•�L ALLOWABLE DEVELOPMENT 2801 W. COAST HWY Plan B1dg.No./ Check it Address Date S.P. Cum.S.F 110 •.Lstio+,,�. o i0 7,F o o 13 00 9-c2 0 -87 SEE, 1120 7-aa- G 00 /9 02 1458-8� STe, .35o 7-g8-fj 3/5 2215 Iq59 - ST& g&0 _ 7-qg-Y7 5,?6 2-795 1 q00-S-7 Sre, P-30�CtounYrlAJy Sol 32 9(0 TE,D-60 I 3962,5- /?0g-F6P r-;nuwnu 5tTc 300 )o 2r7 h 05 a•5 (� � -g g s� 3�fo �1i6�' g a � rp3 � 3aSa • 5 1 Pis ITkT J,G• - con+sr. 5%C aEt o t rD 10AV4 .�iM Mltitt�IN6Y2GO. SFC s� 0 �®,� HaM� Mp�o emcn Go, S{C• 330 32.0' SWtSC T1M GpZI(��t 6•i '�4.0 59�tf ALLOW"LE DEVELOPMRDIT 2801 W. COAST HWY Plan D1dq.No./ Ilse Check It Address Date S.P. Cum.S.P REMAINING oa+Char+e+'5 DEVELOPMENT0 Sj i0 Q YOa t- nal� n�-SCv !o Sq. ft. /✓1�NIMU/VI Iscrrnlp 1cTmb�3vi1° s Remaining Si'6 2Y0 Yrrcnnrs'r�t25 3`ls �' development It S-W, 2Go z+ro GUrru�4 unl5 Nw+m°m. acorn INen� l3ze� Sic- SOo a10 qc uF 4.1 AL fiiw"w ° s+e 3w enu1P• o+sr. Ihl/F 4 I it 1 1` it 1 EARL'S LANDING 2801 West Coast Highway Newport Beach, California 92663 (714) 650-5858 November 11, 1987 TO: City of Newport Beach We have signed a lease with Janet Winterhalder dba Adventures at Sea. They will be in suite 210 of this building. This company is a marine oriented business inasmuch as they provide boat charters for the Newport Beach area. If you should require any further information, please let me know. Sincerely, AShir*lRichter Property Manager 9 40 ERRUS ONDING 2801 West Coast Highway Newport Beach, Colifornio 92663 (714) 650-5858 September 29, 1987 City of Newport Beach Building Department Newport Beach, California Gentlemen: This letter is to certify that our new tenant, Melby & Meador, in suite 230 are certified public accountants coming to the building to do business in the Newport Beach area. Sincerely, i Shirley J. Richter Property Manager - Leasing qP 46 ERRUS LRNDING 2801 West Coast Highway Newport Beach, California 92663 (714) 650-5858 City of Newport Beach Building Department Newport Beach, California Gentlemen: This letter in suite of real e: September 29, 1987 is to certifv that our new tenant. Mike Uberti, Now No how Not vo `d r(WI lei vyx(. ZoW(uytorr. `jolzglop) A pub fib Vow �rem9 11-f a) pinN((�G IpF14�co4rja procPj0, W4f/! V` GC11Thafy� y+r1IV/g i jras r Off,i � Ad3�� r�kq� rP<rhlwraF�al�i?,vt! ►�� h� y Sid Prier 1n ouy � y�6�r�f �tfey 1 oi, 1and4c�g 2 avc�ti r/�of cz�F rw c n d As AaoiLe O��' L A-t d S C-� j9 / 7e oPk"e io�, M. k CITY OF NEWPORT BEACH x qFC PLANNING DEPARTMENT 2 April 25, 1985 CQ?pOe q!!r WCy /r T0: Building Director FROM: Planning Director SUBJECT: Status of the Barienbrock Project Located at 2803 West Coast On March 5, 1985, in a letter to Mr. William Kovacs, you indicated that pursuant to Section 303(d) of the Uniform Building Code, that the "Foundation Only" permit would expire on April 18, 1985. I am informed by Tracy Williams that the applicants are now attempting to pull a permit so as to proceed with construction six days following what would have been the cancellation date of the project. Prior to the Planning Department signing off on any new permit, I would like a verification from your department as to whether or not it has been cancelled and if it has not been cancelled, under what circumstances was it extended. As you are aware, this is an extremely sensitive project, and I want to make sure that the Planning Department does not become a party to signing off on permits on a void project. Z34 Je JAMES Ds HEWICKER Planning 'rector JDH/kk JDHV cc: Tracy Williams CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 5 March 1985 Mr. William Kovacs 18565 Lookout Drive Yorba Linda, CA 92686 Subject: 2803 West Coast Highway Construction Project l A7�� Dear Mr. Kovacs: On October 18, 1984 a Stop Work Order was issued by the City of Newport Beach Building Department because concrete piles did not comply with the approved plans and specifications. To date we have not received a proposal on correcting the de�ciency so construction can continue. t 1 The lastest submittal of plans during February 1985 contained only architectural, structural and plumbing plans, in spite of Mr. Jim Carter's written promise that a conplete set of drawings will be submitted for building permit by March 6, 1984. According to the Uniform Building Code Section 303(d), your "Foundation Only" permit will expire on April 18, 1985. To avoid project cancellation and going through a new City approval process again, it is necessary you submit a complete set of plans and obtain a building permit including corrective remedies for noncomplying concrete piles by April �14 �985 Should you require assistance or additional information please contact Chief Plan Check Engineer Faysal Jurdi at (714) 644-3277. Very truly yours, BUILDING DEPARTMENT Schuller- Director Raimar W. , cc: City Attorney Planning Director Faysal Jurdi James Carter 121 Royal Oak Road Anaheim, CA 92807 Correia & Christian 1748 Katella Ave, Ste 208 Orange, CA 92667 lc 3300 Newport Boulevard, Newport Beach •" n,i}.^C q � ti1w�. t�l'♦i ^`�. .vyt,3 �y:Y �fJ!•`v.�•�'K r\'' •.... •i:L.Kr/v. u.rir.0 `�.'1. `. .. wa .. •...<_./4ia...�^�5 ...u.V"�}e. .. w.eu� •fit `: _ � .l �5, 1� ♦'i 3300 W. N¢Wport•�lvd.1f/" PLAN CHECK NO. Phone: Permit Q40!.2'(39 �''Cr' CITY OF NEWPO}iT BEACH Inspections 640-2161 BUILDING DEPARTMENT APPLICATION FOR 6UILDING PERMIT DUILOING I'A t / S jIl♦ 1 y LOCALITY (CROSS 9T.1 AO DRESS { V 4, i^• J ! w�,+ L 1 I .TIT. AREA GRP.w. " TYPE CONST. PROC¢SS[O 'a Y LOT NO. FLOCK TRACT. 1 y . rG(.If UEE OF STATIST'CALC ASNPICATION VACANT6%j LOT SIZE STRUCT. I CLASS• DWELLU.ITS ❑YES ❑NO .F•: ,) TEL.11 jj F. OWNER �'NAR..i 4...1.•♦_•I. +•-ND. tr�:.J i w•/ .7 .,,,V ! V88 O_N F! f L'^ SPEC. , i)v • i _ `.. L1 :, , JJ tt "' 9j'w� FIRE ZONE , I • - '� 1' i..• `i J .+ ADDRESS f✓ 0 . /ti//L� 1"'a✓ .ty '.L.i f..•f I>)Hft1r� ".i V!i..! PARKING SPACES i "..� 1♦ CITY (r�ryry``11rrZ I,PrL CONTRACTOR..' w .J 'u (�✓✓1.).ru 'wenT Pnon Llx. I.t ..I ( + 1+� J[P•} {��r LICENSE 'J„^i f ADDRESS 1 1,.. S:•V '^+'wr CLASS ) YARDS1 REAR R.T L9. )` [.••' /f/ STATE F.}I♦�F.Sr.}1^S!i� ND• ••.( [ y4{� J e iP. VA i 1^ G.P Fur. FXFBF.. CITY f•1 LIC. NO. J., r.. Sim l._ � MOAT f�' v w{' wven ( OHr TEL. NO. 1 v.% L C. OVAL f ARCHITECT ww T[R 1 OR CNYGR�. T ADDRESS K21 4 —I LIC�U/jv wPPiRnNOVVNw i�(_YJ/� TOw1�9U[��i l:.l l} CITY N a✓"�"' yJ A../� DESCRIPTION OF WORK j WORKERS' COMPENSATION DECLARATION 11.9 GUY AFFIRM THAT I HAVE A CERTIPICATE OF CONSENT TO SBLP•INSURC, OR A CERTIFICATE OF %JOHKMRS' COMPCN.fvl.N INSURANCE( OR A CERTIFIED COPY TXQREOP ISCC. ]98ai LlA6.C.). I, a„ rP/J OLICY NOt"�'/ C CCHI gNY E BEATIFIED COPY IS XCRCOY FURNISHED. NEW ADD ❑ ALTER ❑ REPAIR ❑ DEMOLISH ❑ F O'IT OARG RICE Fw1.11L♦FS TOyeJ� W OAJ4T0 8E ONE J / / ( r t ♦ >• SIGNATURE OF APPLICANT I Q CERFIPIBO COf'V 8 FILHO WHH T A. IN DEPAflTM CryT. •.., 1-R, DI Te/l�._u' f PucwrvT .iA'G �Yy,�r \A �'� LICENSED CONTRACTORS DECLARATION 1 NERHDY AFFIRM THAT I AM LICHNf HD UNDER PROVISIONS OF GMAPTHR 9 (COMMON MIND wITH S.CTION ]000) of DIVISION ] OP THH CERT( ATE O. EXEMPTION FROM WORKERS' FORCE 85 AND FROwesnorvs woe, Arv0 Mr LC<n9E Is�N PULL FORCE ANO EFFECT. N INSURANCE �Q J JOMPENSATION XI�Ga80r10NJ�fICEO NOT 1.1 PLET80 IF THE PBflMIT 19 FOR N. LICENSE CLA55—g LI.. NO. In ✓-' J HVI�ORg O OLLAR S.I E.0b) OR CONTRAMTO� "'•'f '�- ~J A ^DATE^%l �•� i V TJIAT.ON THC PERFORMANCE THH WORK FOR f A NWHICH IN ANY TNIf.PCR EMPLOY ANY I%PC A. If8U E0. 1 SMALL NOT EMPLOY ANY OWN ER•BUILDER DECLARATION A �+ WORKERS' s,0 A. TO BecOsu DJHCT TO THU wowwQRf' coMPeNSA- CG LIG. 1 HEREBY AFFIRM THAT 1 AM EXEMPT PROM TXC CON��llACTOfl'8 LICENSE LAW FOR THE FOLLOWING REASON )SEC. ]0]1.�y' INN... CA TION 8AY/S OP CALIFORNIA. OrTQ APPLICANT AND PROFESSIONS CODE: ANY CITY OR COUNTY W1}IC M•REGUIR ES IpOTICH TO gYPLIGq NTI IP, AFTER MAKIN. THIS <CPTIFICATB OP A PERMIT TO CONSTRUCT, ALTER. IMPROVE. DEMPLIBH. OR REPAIR ANV STRUCTURE, PRIOR TO ITS 199V ANC.. ABSO RCOUIRCB THE APPLICANT FOR SUCH PERMIT TO POLE A aiGNEO 9TATCM CNT TXAT XB I3 LIC8NS8O PV RSV ANT TO TNMMUNCII O F TXH CONTRACTOR S CifQMPTION. YOU IINOVLO BECOME fVaJHCT TO TNB WORKERS' COMPENSATION PROVISIONS OP THE LABOR COOS, YOU MUST FORTH' LICENSE LAW )CHAPTER 9 ICOMM ENGiNG YWITH sHCTION ]000) OP WIYH ...PLY WIT. SUCH PROVISIONS OR THIS PERMIT SHALL SC W.V. DIVISION ] OF THE BUSINESS AM. PROEES9iONs CODE) OR THAT X8 REVOKED. 19EXUMPTTHKRUVRO. ANOTMH DASISFO.T..AlLCGEG CX..P"... I CONSTRUCTION LENDING AGENCY ANY VIOLATION OP SO CTION ]0] 0 OY ANY APPLICANT FOR A PERMIT I SUBJECTS THE APPLICANT TO A�IVIL PS NA LTV OP NOT MORE THAN FIVE HUNDREDDOLLARS )55Jp).!1 ' • ] i HEREBY AFFIRM THAT THH.. IS A CONSTRUCTION LUNGING AGENCY THB PERFORMANCE OF THE WORK FOR WN..H THIS PERMIT 19 �• I A. PON 198UED (SEE. I.." CIV.C.). 1. AS OWNER OP TAE PROPER EMPLOYEES WITH WgGE9 TNH WORK. THE THE SINESS AS TNEI. SOLE COMP WILL 00 ILL. .7. TVRE IS NOT INTENOSO OR OPPEq EO•POq SALE )SEC. TO.., BUSINESS LENDER'S NAME LgNDEq'f ADDRESS AM. FIT...4o08i THE CONTRACTOR'S LI..... LAW DOES NOT APPLYJ.PTO qN OWNER OP.PROP.RTY WHO BUILDS OR IMPROVES T8MR80N•FF .p ND WHO DOKT SUCH WORN XIM9KLP OR TXR.U.M NIS I CERTIFY THAT I HAVE nCAO THIS APPLICATION AND STATE THAT OWN CMPL , PROVIDED THAT SUCH IMPROVEMENTS ABH NOT INTO IS O 40..OREM FOR SALE. IP. HOW.V ER. THE GUILD'.. THE ABOVE INFORMATION IS CORRECT. 1 A.... TO COMPLY WITH OR IMPROVEMENT I9•b♦OLD WITHIN ONE YEAR OP COMPLETION. TMH ALL CITY AND COUNTY .11.1"NCSS AN. STATC LAWS RELATING TO OWNER-OVILOL♦1J WILL AVE THE GU...N OF "OV'Mo THAT NC DIG NOT.UiLO ORY}.JPRGVEFOR PVRPOSEOP SALE.). G., LOING CONSTR CT10N. AND HEREBY AUTHORIZE RHPH88ENTA- THE Il 1, AS OWNER OF THK PROPERTY, AM EXCLUSIVELY CONTRACTING WITH LICENSED CONTRACTORS TO CONSTRUCT THE P.OJ.CT SEC. TIV HB OO TX VI)T �. T. CNTE. UPON THE ABOVE-MBNTIONBO P OPHR FOR 1' C TIBM PURPOSES P 1 ' YJf,J �(/j� �, `� Jv62 7044, DUSIN985 AND PROBCS910N8 EGGS. THE CONTRACTOR'S LICENSE ,/} ` f. , f V /��N'AY/' •.SIGNATUR. OP PERMITTCH DATE LAW DOES NOT APPLY TO AN OWN.. OF PROPERTY WHO BUILDS OR IMPROVES THEREON, AN. WHO CONTRACTS FOR I.C. P11.111.1. WITH A C.N,.A.VOR(.I LICENSED Puwsuwnr ro THE CONTRACTOR I ESTIMATED FINAL LICENSE LAW.). VALUATIONS VALUATION S % w �r , O1 AM EXEMPT UNDER SEC. • ..&P.C. FOR THIS RCq SON PLAN " yy SYITtER PERMIT HK. FEE Ems. /V Y ): ES E FEE ADJUSTED gP OTALicE /l ~ Dare OWN ew P.C. FEE S DUE 9 WORK MUST BE 5TAHTEU WITHIN A rCHJUU L,r ♦OB un. a r..um .n.. .. r..= ur . nuun I wn un NULL AND VOID. PLAN CHECK VALIDATION CK. M.G. GASH PERMIT VALIDATION CH. M.D. CASH 77,P r, R 1 17"% 'Dr. 7 • CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 March 14, 1985 SUBJECT: 2801 W. Coast Highway Note: Expiration of Permit on April 18, 1985 The following Planning Conditions must be satisfied prior to issuance of Building Permits: i x Provide off. -site parking agreement in conform nce with Condition No. 2 of Use Permit No. 2051. /�LCZol�/%G��3 �✓� !/G!� GO11r0l � � G ilreiy A�� Submit prel urinary landscape plans to Parks, Beaches and Recre- ation Department for approval. (Condition No. 29) Record covenant restricting property to a .81 maximum buildable area. (Condition No. 47) Please call 644-3200 to meet with the plan checker to discuss your complete building corrections. Thank you. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Trac E. Williams Associate Planner TEW:la TRACY �redi� 33X/S Of XIwo �4651,V6 �siY7/jG7�� 9A01A- h AMe 4 37, 702. 5PJ #,e�� 03300 Newport Boulevard, Newport each COMMISSIONERS / January 21, 1982 3 � m 0 m e H City of Newport Beach MINUTES ROLL CALL I INDEX morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 15. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 16. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures (Condition No. 1 through 51) and that those mitigation measures reduce potentially significant impacts to a level of insignificance. 17. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and the agreement of the applicant to ensure that marine -oriented uses occupy the excess floor area, or will're�ain vacant if not so occupied. CONDITIONS RE��CWBjJ 3��3/8�: d/ That development shall be in substantial conformance« with the approved plot plan and floor plan, except as noted below. That an Qfff-site parking agreemen shall be approved by the City ounc , uaranteeing that a minimum number of parking spaces shall be provided for the duration of the office and restaurant uses: 9 parking spaces entirely on the property and 7 parking spaces partially on the property, located at 2751 West Coast Highway (the easterly 100 feet of the westerly 250 feet of Lot H, Tract 919) for daytime use only. A, 1-'25 parking spaces at the rear of 2700 West Coast Highway located on Parcel 2 of Parcel Map 73-23, for nighttime use only. -29- % l 4#O�,., -��- ♦\MJ P M 0 o x '- City Of January 21, 1982 Y. That valet parking 09 times during the operation. r Beach service be provided at all restaurant's hours of 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. -VCP _1/111r4ln; S. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains.%VP/j tiJt�il,�f�sli 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. K 4K That a minimum of one parking apace/250 sq.ft. &A of net floor area shall be provided for the office use and a minimum of one parking space/40 sq.ft. of net public area shall be provided for the restaurant use. i9-. That the restaurant facility shall not be open G/L for business prior to 5.00 p.m. on any day. 10: That all restaurant employees shall park their dig vehicles on the Mariner's Mile off -site parking lot. 11, That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 1-2. That all improvements be constructed as Ch required by Ordinance and the Public Works Department. -30- MINUTES ' INDEX /3 { COMMISSIONERS January 21, 1982 MINUTES CA _ r c n m x City of Newport Beach ROLL CALL INDEX 13. That the on -site vehicular and pedestrian circulation systems be subject to further review by the Public Works Department. 14. That a 6 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway 'be improved with the design to be approved by the Public Works Department. 15. That a 6 foot wide easement be dedicated to the City for access to the bayside public ,&t4l walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 16. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or ,f,;structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department.] 17. That the landscape plans for plantings adjacent to the public right-of-way be O6G reviewed and approved by the Public Works /// *I/epartment. 18. The southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway shall be restriped to provide the following facilities: a. A right -turn -only lane to accommodate traffic turning westbound onto West _ Coast Highway] b. A right -turn and through lane for westbound and southbound traffic; c. A left -turn -only lane to accommodate traffic turning eastbound onto West Coast Highway; and, -31- �y January 21, 1982 MINUTES f;� m 'vn 7C m0 of Newport Beach d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion control plan recommended in Section 111, 5.0 Water Quality. 20. The demolition, grading and building permits to be it issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. at, The following disclosure statement of the City of P�� Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. -32- INDEX MINUTES January 21, 1982 ? m m 'a m x m = > of Newport Beach 22. The existing gates which control the vehicular entrance/exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot./TiW45PL/'1ZI 23. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by WV the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 24. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 25. The grading plan, if required, shall include a complete plan for temporary and permanent drainage YJ� facilities to minimize the potential water quality (A impacts from silt, debris and other water pollutants. 26. All on -site drainage shall be approved by the City 1M Public'Worts Department. 27. An erosion and siltation control plan shall be prepared and submitted to the Building Department, ` nd shall be approved by the City Grading Engineer. 26. The erosion and siltation control plan shall be forwarded to the California Regional water Quality Control Board - Santa Ana Region ten days prior to ny construction activities. 29. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landsca a plan shall integrate and hase the installation of landscaping with the proposed construction sc�dulee. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 30. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. -33- INDEX I /. AWWW ' January 21, 1982 MINUTES a � r r ,y c a u s es a of Newport Beach 31. The landscape plan shall include a maintenance 1�r1 program which controls the use of fertilizers and �• pesticides. 32, The landscape plan shall place heavy emphasis on ,the use of drought -resistant native vegetation, and Ue, lQ�a�irrigated with a system designed to avoid surface runoff and overwatering. 33. Construction of the proposed bulkhead shall be z�7Ac placed outside the tidal area (i.e., above the mean high tide line). 34: Construction of all waterfront improvements shall llJ� be subject to issuance of a Harbor Permit and approval -in -concept by the City Council and subject to issuance of all other applicable discretionary permits from other agencies. 35. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of C1Aj1i Newport Beach possible participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. W. Upon completion of construction, the project 11/L applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 37. The project shall be designed to comply with Title 24, Paragraph G, Division T-20, Chapter 21 Subchapter 4 of the California Administrative Code (insulation Standards). -34- ' t COMMISSIONERS WO January 21, 1982 MINUTES r m m x City of Newport Beach INDEX 3,W. Final design of the project shall provide for the V/L incorporation of water -saving devices for project lavatories and other water -using facilities. 39. Final design of the project shall provide for the sorting and collection of recyclable material from other solid waste. Prior to occupancy of the ��/ dW building, the program for so ing ecyclable material shall be developed and approved by the Planning Department. - 40. Final design of the project shall provide for adequate security lighting in public areas of the project site. `r 1V^ 41. The required City review of the project landscape plan shall address the issue of retention of existing mature trees on -site to determine if such retention is desirable for the visual character of the project area. 42. The project shall be so designed to eliminate light and glare dpillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 43. That all commercial area in excess of .5 times the buildable area of the site (i.e., 8,682± sq.ft.) shall be limited to marine -oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D. 44: That if the particular percentage of marine - oriented uses are not maintained, due to a change 19111, in occupancy from marine -oriented to some other proposed uses, that the property not used by the marine -oriented uses is to remain vacant and unused until a suitable tenant which fits the marine -oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. -35- January 21, 1982 4 MINUTES' ;X of Newport Beach 45, That the applicant or permittee by accepting the i V use permit 'approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 4l4: That the owner of the property is required to ��, notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine -oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 47. That the applicant record f-toVenaa:0- the form and content of which is acc`eptabie to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 times'the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 48. That the non-standard concrete sidewalk and curb along the West Coast Highway frontage be %'�✓ reconstructed and any unused drive aprons be removed and replaced with curb, gutter and sidewalk. That all public improvements be completed under an encroachment permit issued by the California Department of Transportation. 49 That the existing telephone lines along the West ;, coast Highway Frontage be undergrounded. 50. That no commercial, marina operated, boat docking facilitiea shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e4, restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. -36- INDEX MINUTES COMMISSIONERS Janua 21 1982 �;K �,- c m m n F N City of Newport Beach ROLL CALL INDEX EY1. That' the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Motion Y Motion was made to approve the Traffic Study in A11 Ayes X * X X X X X conjunction with Use Permit No. 2051, subject to the following findings and conditions, which MOTION CARRIED: TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation 'system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project - generated raffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary -modified', or 'primary' street. CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard - Restaurant/Office Complex" dated December 1961, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements _ shall be subject to the approval of the City Traffic Engineer. x * * -37- mi no 8■ Lo L■ ELANCO INVESTMENTS ✓t LAND, LTD. P.E.C.EifV/ 1 • Pl.:r-r.�iy�. JUL9 1987, + CITN �NEtvPOALV. �iG i, L• ii {CAL'IF. i July 8, 1987 Mr. Richard L. Hoffstadt Subdivision Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Dear Dick: r Re: John Dominis Marina - Construction of Steps to Adjacent Property This letter will confirm past discussions which have taken place between Andy Anderson, Don Webb, and yourself and, specifically, your 7/8/87 telephone conversation with Andy Anderson. Harbor Lights Hui agrees to participate with The Chart House, our adjacent property owner, in the construction of steps adjoining our two properties. We apologize that we do not have a formal written quote as of this date, but we have received a verbal quote for the entire job in an amount not to exceed $3,200.00, We intend to cooperate with you and with Mr. Barienbrock in an effort to bring this matter to a quick and satisfactory conclusion. Thank you for your assistance. Regards, ?GJ l� Don Webb/City of Newport Beach Mr. Raimar W. Schuller/City of Newport Beach ,%&. James D. Hewicker/City of Newport Beach Mr. William T. Whig, III Mr. D. G. Anderson Mr. Joseph H. Lancor Mr. Jeffrey A. Little F.0.00X LEAST 1AV1111,C8tlrOMIA 0200 (7141855-0311 Plan Che#No. S COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS By: Tracy Williams, Associate Planner Telephone (714) 644-3200 Date: 4WAW11 Address: 2$0✓ W. Go,q,ST ✓✓o✓)/ Corrections Required Legal Description: Lot Block Section Tract Lot Size Zone Proposed Use Required Setbacks Front StE '0;PVA(6/ 1/ST Rear 10A 604e-P✓ P'44.0 Right Side sAT✓si/� Left Side Buildable Area Maximum Permitted Structural -Area: ij g 3 / .ra' O*w Proposed Area: Gross /f0 miff Net Required Parking Building height measured from natural grade to average and maximum roof height Natural grade line shown on all elevations Number of stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. Special approval required/obtained Fair Share Contribution 3-/r® e ,X G • �6 20, Z V or. f�0 Additional approval required from: Grading Engineer G�iJt!✓�f�ijl� �7i 70Z. S0 Parks, Beaches, & Recreation Dept.(Landscape & Public Works Traffic Engineer NOTE: it is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application please contact me at (714) 644-3200. • 5-83-485 2/2/84df State of Cahforrva,George Deukmejian.,. Governor CallomiaCoastal Commrssion February 21 1984 South Coast District COASTAL DEWLOP14ENT PERMIT NO. 245 West Broadway, SUte 3BO P.O. Box 1450 Page 1 of 2 long Beach, CaAfornia 90801-1450 (213) 590-5071 On September 29, 1983 , The California Coastal Commission granted to Gordon Barienbrock, 3000 W. Ocean Front, Newport Beach, CA this permit for the development described below, subject to the attached Standard and Special conditions. Description: Demolition of two small existing structures used for commercial purposes and construction of a 24,450 sq. ft., 35' above AFG, marine office building and restaurant. The project provides 55 on -site parking spaces. Additional off -site parking spaces will be provided via an off -site parking agreement. The project also involves the replacement of existing boat slips with a new 15-boat marina. The project also involves replacement of existing deteriorated noncontiguous bulkhead structures with a new concrete bulkhead. A portion of the proposed restaurant/office structure will be constructed on pilings in submerged lands within lower Newport Bay. Site: 2801 West Coast Highway NEWPORT BEACH, Orange County RECEIVED C. Pinnninz DepLalment FE8 3 1984 CITY OF NEWPORTBEACH CALIF. k- - Issued on behalf of the California Coa Lun 1; THIs UNLESS AND UNT1 YtlifH THE SIGNED BEEN RETURNED TO PERMIT IS NOT VALID A COPY OF THE PIE ACNOWLEDGEMENT HAS THE COS NWISSION I "if E. by Executive Director and Gary GlatLsonf Staff Analyst ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee 5/81 Coastal Development Page 2 of 2 STANDARD CONDITIONS: PermitNo. 5-83-485 . 1. Rotice of fhotoigt and AckrAwliftwnt. The permit is not valid and construction shall not commence until a copy of e penal , s y e pare or authorised agent. acknowledging receipt of the parmit and acceptance of the terms sad and Lions, is roUirmed to the Commission office. ' 2. Pkiinti�on. If construction has not commenced, the permit will expire Iwo years from the Mtr,on which the Commission w, on the application. Construction shall be pursued in a diligent manner and completed id a reasonable period of Liam. Application for extension of the permit must be made prior to the expiration date. 3. Coepitian_ce. All construction must occur in strict compliance with the proposal as set forth in the application for permit, subject to WV 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. Inot tattoo. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. S. Ins 41M. The Commission stiff shalt be allowed to inspect the site and the development during construction, subject 4-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee films with the Commission an aaccepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Loam. These tens and conditions shalt be perpetual, and it is the intention of the Commission a porn ee a 1 future owners and possassors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Mitigation. For every square foot of water area covered, 4 sq. ft. of wetland restoration whall be provided as mitigation. The mitigation plan, specifying the extent, location, and method of restoration to be carried out in the Upper Newport Bay Ecological Preserve, shall be developed in consultation with the California Department of Fish and Game, and shall be submitted to the Executive Director for review and approval prior to issuance of the permit. The applicant's part in Ithe mitigation plan shall be implemented within six months of comple- ion of the project or within one year of issuance of the permit. 2. Piling Construction. The surface of the pilings shall be textured to create an irregular substrate to enhance the attachment of marine organisms. Such design shall be developed in consultation with the California Department of Fish and Game, and shall be submitted to the Executive Director for review and approval prior to construction of the restaurant. State of California, George DeArt, Govemor I California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590-5071 (714) 846-M48 • FILED: 7/5/83 49th DAY: 8/23/83 180th DAY: 1/1484 STAFF: Glead;5h STAFF REPORT: 9/16/83df HEARING DATE: 9/27430/83 REVISED CONDITIONS AND FINDINGS Application: 5-83-485 Applicapt: Gordon Barienbrock 3000 W. Ocean Front NEWPORT BEACH, CA 92663 Description: Demolition of two small existing structures used for commercial purposes and construction of a 24,450 square foot, 35' above AFG, marine office building and restaurant. The project provides 55 onsite parking spaces. Additional offsite parking spaces will be provided via an offsite parking agreement. The project also involves the replacement of existing boat slips with a new 15-boat marina. The project also involves replacement of existing deteriorated noncontiguous bulkhead structures with a new concrete bulkhead. A portion of the proprosed restaurant/office structure will be constructed on pilings in submerged lands within lower Newport Bay. Site: 2801 West Coast Highway NEWPORT BEACH, Orange County APN 049 130 07 Date of Action: August 11, 1983 Commissioners Voting: Yes: Franco, King, MacElvaine, McInnis, McMurry, McNeil, Hillenbrand, Wornum, Wright No:. Nutter ADOPTED RESOLUTION: I. Approval with conditions. 5-83-485 • • Page 2 The Commission hereby grants a permit for the proposed development, subject to the conditions berow, on the grounds that, as conditioned, 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. See Attachment X. III. Special Conditions. 1. Mitigation. For every square foot of water area covered, 4 square eet o weland restoration shall be provided as mitigation. The mitigation plan, specifying the extent, location, and method of restor- ation to be carried out in the Upper Newport Bay Ecological Preserve, shall be developed in consultation with the California Department of Fish and Game, and shall be submitted to the Executive Director for review and approval prior to issuance of the permit. The applicants part in the mitigation plan shall be implemented within six months of completion of the project or within one year of issuance of the permit. 2. Piling Construction. The surface of the pilings shall be textured to create Ri-Tregular substrate to enhance the attachment of marine organisms. Such design shall be developed in consultation with the California DepartmenA: of Fish.and Gamey and shall be submitted to the Executive Director for review and approval prior to construction of the restaurant. IV. Findings and declarations. The Commission finds and declares as follows: 1. Project Description and Location. The project consists of the demol t on o wo email existing structures used for commercial purposes and construction of a 24,450 sq. ft., 3-level, 35' above AFG, marine office building and restaurant. The project will provide 55 onsite parking spaces. Additional offsite parking spaces will be required via an offsite parking agreement. The project also involves the replace- ment of existing boat slips with a new 15 boat marina. In addition, the project includes replacement of existing deteriorated noncontiguous bulkhead structures with a new concrete bulkhead. Also, a portion of the proposed restaurant office structure will be constructed on pilings in submerged lands within lower Newport Bay. 2. Standard of Review. The City of Newport beach Land Use Plan (LUP) reeilve final car cation from the Commission in May of 1982. Certification of the City's Land Use Plan was a major step toward com- pletion of the City's Local Coastal Program (LCP). The City is now in the process ofpreparing the zoning and implementation phase of its LCP. After full certification of the City's Local Coastal Program,the-City will be the primary agency responsible for the issuance of coastal permits. Also, after certification of the City's LCP, the Coastal Com- mission will be responsible for the review of -appeals and the issuance of coastal permits only in areas of original jurisdiction (i.e., tidelands, submerged lands and public trust lands). • • 5-83-485 Page 3 The Coastal Act in Section 30604(a) states, in part: Prior to certification of the local coastal program, a soastal development permit Shall be issued if the issuing agency, or the commission on Sppeal, finds that the proposed development is in conformity with the provisions of Chapter 3 (commencing with section 30200) of this division and that the permitted development will not prejudice the ability of loc al cal government to prepare a local coastal rogras that is in conformity with the provisions of Chapter (commencing with Section 30200). Therefore, while the Commission considers all relevant policies and land use designations contained in the City's certified Land Use Plan, until final certification of the City's Local Coastal Program, the nitaTldard of review will continde to be the policies of Chapter 3 of th Coastal Act. It should also be pointed out that the currently proposed project would require a permit even after LCP certification since the project involves development on submerged lands. j.' Land Use Plan. As noted above, the City's LUP was certified in -May of 1982. The City's Lup designates the project site as Recreational and Marine Commercial. The proposed project is consistent with this land use designation. The purpose of this land use designation as stated in the City's LUP is to delineate a priol:i#y system to.guide development approvals on building sites on or near -the bay. The City's LUP also indicates the purpose of this land use designation is to ". . .encourage a continuation of marine -oriented uses, maintain the marine theme and character; encourage mutually supportive businesses and encourage physical and visual access to the bay. . .." 4. • Diking, Dredging and Filling. The Coastal Act in Section 30 a - enumerates eight specific used which are permitted in open coastal waters, wetlands, estuaries and lakes. However, even uses permitted pursuant to Coastal Act Section 30233(a) shall only be permitted where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided. The eight specifically permitted uses identified in Section 30233(a) (1)-(B) are: (11 Now or expanded port, energy and coaetal-depandent Industrial facilities, including commercial fishing facilities. (2) Asintaining existing, or restoring previously dredged, depths in existing•navivational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3) In wetland areas only, expanded boating facilitiesn and identified by the Department of subdivision (b) of section 30411 In conjunction with such boatine to channels for sew or Sagraded wetland, nd Came pursuant to boating facilities if, (ties, a Substantial torad and maintained 1eSviled,-aSmmeworr wetland area used for Lag sppalae1ycce. turning OW Shall not exceed 25 Fr —so ether then wetlands, , and laaex, mew or expanded 5-83-485 • . Page 4 (5) fmsilestal lie sersies pstpeees, insluding but aft limited tee bop= mg embles mud pipes ens inspection of pion W meistsmssa se existing intake sad soteall linss. (i) M/meral omtnetioa, including Seed eons teoteelag buosMot smsept is Ssrineamostallr msssitt" Sass. (7) MsSteatiem pmepee«0 (t) Matinee stogy, egwawltmea, ens Similar nesares , Ispemeest actltrlties, in addition to the above coastal act policies, the City's certified LUP includes several relevant policies relating to Dredging, Diking, and Filling. Those policies follow: ies,. AWN and pilling in Cpn costal noters, notiatds, ad, 1. Only the in a PU Of types of t Say sWA not wiWn tide SStateato1iical meaerve whfusn tin is no feasible Les smin montally dom"Ing altaeative, and ware feasible adtigatiom mNmares haw been pawided to minim» aNrerse amiraammntal effects: a. cortructim a expensian of Partramrine facilities. b. Conatrwtion or oWwicn of costal-dopendan industrial facilities, including onm =ial fishing facilities, haul -chat boat Yet* Owner" ferry facilities. C. In open Coastal amber , other than wattlads, including t'Phuxiese act or cps w Lwting Utilities, iralt:SiJ9 slips, sooess taps, pupa, marin", recrestioal boating, launching rehpo, hnd-aut boat yards, and pleasure ferries. WO" docks and Winning ad surfing bsEdW ate psaaitted Mira they alnsdy exist in ham wr Mmq!mt may). d. Iminntomenaa of existing ad restoratien of praiously dredysd depths in nwigetlael ciarheis and turning basins associated with boat launching reaps, and for vesesl berthing and mooring inm mood to establish omioting '! wit aydedapths.s wpm shall be e. Dcidmntial public oorvioe purposes which k —tarily inpact the resauroes of the area, much es burying cables and pipes, irAgWcttA(X% O Piers, sad msinteranoa of existing intake And outfau lines. Saw dmiagments en the dx�eklwaterfront fwUstall take into mmidarstim existing usabl g. If the pvdect itigetim a wxn an tdiking helmtiOr xyulinq of o wmtlard, nquind minimum A. If an apI - late restoration site is available, the applicant Asti mxlmdt a detailed restoration plan which includes of aqua owl greater�bio old pro& ti of as eadedicati ens the lend to a public productivity and dedication restricts of its use for t or otherwise s per*Ali a restricts before the dike still develaes. The site hill be purchased develapmnt my peooetl. b. Tta applicant may, in ARMS Came be permitted to opsh agaivalo t era to tidal action or provide other aafroes of e) surface Mrtar. This mound of mitigation wxuld be appropriate if the applicant already owned filled, diked areas which OWNOIves were not anvirvaratally esnsitive habitat areas but Mould became so, if such erases were qmw to tidal action or provided with other swxrcoe of surface water. t • . 5-83-485 Page 5 a However1 if to appropriate sites under options A. and b. are available, the applicant shall pay an in -lieu fee of sufficient value to an , i sn� Of equivalent agency for the purchase and restoration o?an. equivalent surface arse. aquivalaht value, or This thirde to option find a would l d be allowed only if the applicant is site. The �!g seller of a potential restoration 1� �y my also face difficulties in. acquiring appropriate sites even though it has the ability to' .. I property. Thus, the in -lieu fee shall reflect the additional costs of acquisition, including litigation, as well as the cost of restoration. If the public agency's restoration project is not already approved by the City, the public agency my coed to be a co -applicant for a permit to provide adequate assurance that conditions can be isposed to assure that the purchase of the mitigation site shall occur prior to issuance ampermit. � •Lion, such same suet oaanr in the fill cocvrred. estuary) where the S. A preferred restoration program would rasove fill from a formerly pradnctive wetland or estuary which is not biologically unproductive dry lend and would establish a tidal prism necessary to .w.=e adequate flushing. Sine restoration projects necessarily involve many uncertainties, restoration should precede the diking or filling project. At a mWmm, the permit will be conditioned to assure that restoration will eecur simxltaxecusly with project constr uctien. Aestoration and mnagenent plans shall be eurmitted with the permit application. 7. In addition, any project which includes wetland or estuary wet maintain the functional capacity aiacity or dredging of a estuary. Aaotienal capacity of, the wetland or to be self and to mots the ability of the wetland or estuary '�t�la9 and to nwintain natural species diversity. "in order to establish that the functional capacity is being maintained, t!x o,MUM&.:t == dwo nstrate all of the following. a. That the project does rot alter presently occurring plant and aninml populations in the ecosystem in a mumr that would isQair the'lag-term stability of the ecosystem; i.e., natural species diversity, abundance and cmpositien are essentially uncangsd As a result of the project. b. That the project does not harm or destroy a species or habitat that is rare or endangered. c. That the project doe! tot Mar, a species or habitat that is essential to the natural biological functioning of the wetland or estuary. d. That the project does not significantly reduce omwxptive (e.g., fishing, aquacvlture and hunting) or rncn=u unptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem. S. If now or expanded boating facilities are to be provided in Newport Beach, they shall be developed in natural harbors, protected water areas, and in areas dredged from dry hand. Entrance daonels for new or opanded hosting facilities my be permitted in wetlands, subject to all other requirements for development in wetlands discussed in B1, B3, B4, 05, and B6 above. The proposed pr03ect consists of a 3-level restaurant and marine office commercial building constructed partially on submerged lands. That portion of the project which would be built on submerged lands would be constructed on pilings, and according to the applicant would cover an area of submerged lands of approximately 4,800 sq. ft. Although the portion of the restaurant and office building to be 5-83-485 • . Page 6 constructed on submerged lands would be constructed on pilings, such development by definition constitutes fill. Section 30108.2 of the Coastal Act defines fill and states that "Fill" means earth or any other substance or material including pilings placed for the purposes of erecting structures thereon,placed in a submerged area. The Commission finds that,aithough the proposed project is not a permittited use as identified in Coastal Act Section 30233(a} (1)-(8), adequate mitigation has been required as a condition of approval. The mitigation plan which requires the restoration of 4 square feet of wetland area in Upper Newport Bay for every square foot of water area covered by the project will offset the loss of intertidal habitat resulting from the project. The condition requiring the surface of the pilings to be of a textured surface will serve in addition to increase habitat values of the submerged rortion of the project site. Therefore, the Commission finds that as conditioned the project is consistent with Section 30233(a) (1) - (8) of the Coastal Act, S. Scenic and Visual Resources. *The Coastal Act in Section 30251 estates in parts the scenic and visual qualities of Coastal areas shall be considered and protected as a resource of public inpoktance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimise the alteration of natural land forms, to be visually compatible with the character of surrounding arcAs, and, where feasible, to restore and enhbi-ce visual quality in visually degraded areas, The propose& project will be located in a scenic area of Newport Beach known as mariner's Mile. At the present time this area is developed with a variety of uses including restaurants, boat repair yards and real estate offices. Since, the project site is located between Pacific Coast Highway and Newport Bay, the preservation and enhancement of views across the sits is a key concern. In addition to Coastal Act Section 30251 the City's certified sand Use Plan contains policies which address scenic and visual resources. Those policies follow: coastal vie" Nola Coastal views from existing :a"Ys exist, any dwticsmmnt on private in rty within the sight lines from the tlaooa Pal vie sited Viand designod to mucimise pevLoction of dwelopmont an any site. policy is not Sntrsxkd to prohibit tt Castel view arcs proposed: A. Dow lwlevard, Cram del par b. but bluff rwwmnt c. Cast Highway near Jwftroo d. Pacific Coast Highway bridgo launching reap o. Cutaways from the bluff aotback f. Constellation mar Santiago g. Irvin between Santiago and University Drive W view "me r ath. Galaxy Park et ►► amen View Park d N Prom strtory Point Fast tarT. loth Street beech 0 5-83-485 Page 7 6w. 19th 'Street boxh *rn. Promantory say at Harbor Island Drive IPZ. Pro= tort' Day at Baysidc Drive Cliff Drive Park *r., Lathluff Park hrr. Pacific Coast Higtsay Bridge 4ss. Ardis/Newport Boulevard Bridge mwt. Lido Island Bridge nvu. Bntrar= to Balboa Island esv. Larsen's Shipyard Prw. Inspiration Point Park Duch and bay street ads nK It should be noted that the project site is not one of the coastal view areas identified above in the City's LUP. However, the City's certified PUP also contains the following policy: The City shall protect and enhance public visual access to the waterfront. - Na+ developimt (including landscaping), public or private, shall be sited and designad to protect public viws of ocean and other coastal scenic areas. The proposed project site has a frontage adjacent to Pacific Coast Highway of approximately lie feet. The applicant proposes to construct a 3-level structure on the site. As viewed from Pacific Coast Highway the structure will be approximately 76' in width. Thus, the project will obstruct approximately 64% of view from Pacific Coast Highway across the project site. The project has been designed so as to provide a view corridor of 36 feet in width along the northeasterly section of the lot. This view corridor includes a portion -of the setback area adjacent to the northeasterly property line. The Commission finds that, given the configuration of the lot, a view corridor of 36' in width is consistent with Section 30251 of the Coastal Act. To require a view corridor greater -in width than 36' would be unduly restrictive. In addition, the Commission finds that the proposed project height of 35' would be consistent with Coastal Act Section 30251. The Commission further finds that as proposed the project is•consistent with Section 30251 of the Coastal Act. F. Public Access. The. Coastal Act includes several policy pro- visions which sl—i erve to guarantee the public's right of access to an along the shore. Sections 30210, 30211, and 30212 of the Coastal Act state: Section 30210 In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. Section 30211 Development shalt not interfere with the public's of access to the sea where acquired through use or legislative authorization, including, but not limited the use of dry sand and rocky coastal beaches to the line of .terrestrial vegetation. right , to, first !-83-4bS Page 8 Section 30212 W Public'iccess froei"the nearest public roadway to the shoreline and along the coast shall be provided in new developm►ht projects except Where (1) it is inconsistent with public safety, military security needs, 'or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would bi adversely affected, Dedicated accessway shall not be required to be Opened to public use until a public agency or private association -egress to accept responsibility for maintenance and liability of the aceessway, In addition to the foregoing policies, the City's certified Land Use Plan contains several policies on access: 4. Public access in oa&stal asks shall be maximised consistent with the protection of natural remournes, public safety, and private psperty rights. S, lateral was" shall be provided in new development by moons of dedication of easements for public access along the beach and bey shoreline annceI Wes adequate access already exists or More the Provision of scoess is inconsistent with public safety or the protection of fragile coastal resources. This provision shall be gulred entoapt in the following cases: rspaSr reand maintenance activities or replacement of structures dootroyed by natural disaster. in addition, improaronts to any structure or demolition and reconstruction of single-family residences would be exempt fran lateral access assaw to requirmmants Wes floor areas, height and bulk is increased by sort than lot or such inprovnts interfere with currently existing public views# block apublic aoonswey, or woe further ancroaclmmt t of the structure seaward or toward the edge of the bluff (PW 30212). specifically, entrants would be squired: (2) farward of the toe of existing bluffs, cc vegetation liras whom snow davelapsnt is ftNAWd Of prnposad raw 1L or other mierolins and#protaotivo devices (consistent with Administrative hbgnlations section 13242, California costal Oamision raralations, Title 24, California Administrative Code regarding repair and amintawnce of smalls). 6. Nrticel sooese frvn the nearest public roadway to the shmoroline shall he pewidsd in new dMlcpmnt by Means of dedication of easments snoosI when adequate &cons exists nasty or Mere provisiorn of some is irnoouistent with public safety or the protection of fragile coastal reeanmos. Protectidr of fragile coastal reew:ws mass that said resources shall not be degraded either from the deveUpmnt of accomays thwiwlvas or from increased use of specific shoreline areas. Criteria Used to evaluate the need for additional &oosatays and the adequacy of existing aeosaways include eeraideration of locations for their pradmiamys in ty to major concentrations s which would be mot heavily f usersused , wlighhile considering the need to provide ac am"s at frequent intervals to avoid overuse at individual location. Of equal importance is the need to avoid iapacts to fragile coastal resources (bluffs, tids(mooIs, etc.) and to utilise asks Men support facilities can a000eodata the eoosseway (available parking). Also, criteria include consideration of sites More the least swaxut of iaprwammnt would be squired to wake the &coast point useable, and Waterways to n mot* site (pocket beaches) Mare alternative Access along the st reline would not be available. 5-83-485 Page 9 The proposed project does provide both vertical and lateral access from Pacific Coast Highway to Newport Bay. In approving a use permit for th@ project, the City of Newport Beach required the project applicant to dedicate a 6' in width vertical and lateral accessway in the form of an easement. The easement would be for a public walkway. The precise location of the walkway would be subject to approval of the City Public Works Department. The Commission finds that since the project provides both a 6' in width vertical and lateral accessway, public access to the shoreline in this location will be maximized,and therefore the project, as pro- posed, is consistent with Sections 30210 and 3021i of the Coastal Act. 7. Parking. The Coastal Act in Section 30252 states in part: The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or commercial facilitiession of transit within or adjoiningice, (e) providing commame residential development or in other areas that will minimize the use of coastal access roads, (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute mans of serving the he potentialofor npublic transit t with public tforshighaintensity uses sution,chtas high-rise office buildings. - The proposed project will provide a total of 55 parking spaces. The proposed project was conditioned by the City of Newport Beach to enter into an offsite parking agreement. This agreement allows the applicant to provide 7 parking spaces (included in the 55 total spaces) to be located partially offsite. These 7 spaces will be physically situated on the adjacent property to the northeast: In addition, the applicant was required by the City of Newport Beach to furnish 25 spaces offsite at the rear of 2700 West Coast Highway. These spaces will be used during the night time primarily when the proposed restaurant is in operation.' In addition, the City required the project to provide valet parking service at all hours of restaurant operation. The City's certified•LUP contains the following policy for parking in new development projects: "7. All development shall provide adequate offstreet parking to meet the requirements of the Newport Beach Zoning Code." In its approval of a use permit for the project, the City required the project to provide a minimum of one parking space for each 250 sq. ft. of net floor area for the proposed office use and one space fbr,each 40 sq. ft. of net public area for the restaurant portion of ,the project. � .. i..Mw'^w�.a�r r+..•...�.��.W![wYM.YyAlwY�rw.��M ♦ 1\.rww� +• �� w � • . � �.l tr 5-83-485 • Page UO The Coastal Commission's parking standards contained in the Commission's Interpretive Guidelines are very similar to the City's standards for -this project. The Commission requires one space for each 250 sq. ft, of gross floor area for the office portion of the structure and one space for each 50 sq. ft. of service area for the restaurant portion of the structure. Based on the foregoing, the Commission finds that, as proposed, the project provides adequate parking consistent with Section 30252 of the Coastal Act. rt• r_ tF. . b �� ♦�� LU �. _ i l •�yy I ry I l r I ° ? H/6HVI4Y 1t .4 (LOOT H - j N o-j cA = S PAOC-rW-u( S43w^a eGco poirioU of ►,o-r. 1 _ r 4 i ` ' M .r .11 •`e ,•r w -N w Y t .. .. - .� 1 � _r.� I r —r .� •r w Lwl 1 .• is i � pu .t.r,e•w.usi IIV+J• 1'w1••tf. 1 Ik = �! tit • M •h t 1 •. H 1 t /1 , -�.� sir= r�LtN •3 w twp Itw wtrrrw. M�If M wL tool • war - .r..r�w.w... '�' MMr,A'b WeYMD ,fO5w"4T 4- cFF= Cc)W3•Fx • { y 1 •EAST ELEVATION _tL •-_ 6 N,asr �ttr ✓�7iaN LZASCAUS OFFICE E/ACE {EAOSAMIj OFFICE _ WMAEEAET —� F, a 1.. LEAMOLK OFFICE MACE L[AEEAELE OFFICE ,*XAW*.*Yp 4. 545-yps Sec r**oj State of Callforria, George Deukme#i, Govemor 5-83-485 9/19/83df l California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Sufte 380 P.O. Box 1450 Long Beach, Califomia 90801.1450 NOTICE OF PUBLIC HEARING (213)590.5071 Date: September 29, 1983 -Time: 9:00 a.m. Place: Shelter Island Marina Inn 2051'Shelter Island Drive SAN DIEGO The proposed development described on Page 2 of this notice is scheduled for a public hearing before the California Coastal Commission at the time and date indicated above. This item has been tentatively scheduled as follows: CJJ Administrative Permit C Consent Calendar �I Extension Request CX Adoption of Findings v LI Request for Reconsideration rl ktartdment Hearing and and Voting on Regular Calendar Permit Applications L Continued Hearing and Voting on Regular Calendar Permit Applications L7 Public Hearing on Regular Calendar Permit Applications Significant Question Determination and Hearing and Voting on Appeals from Local Government Decisions G Continued Hearing and Voting on Appeals -from Local Government Decisions others' Information on Coastal Commission meeting procedures is enclosed on Pages 3 and 4. If, after reading this information and the project. Information on Page 29 you have questions, please contact Staff Analyst Gary Gleason at the Commission's South Coast District Office at the above address or call (213) 590-5071 or (714) $46-0648. The file on this project is available for public review at the District Office during regular business hours. The staff report will be sailed PROJECT INFORMATION 6 6 Application No.: 5-83-485 Applicant: Gordon S. Barienbrock Agent: 3000 W. Ocean Front NEWPORT BEACH, CA 92663 Project Description: Demolish two existing commercial structures and construct a 33' high 25,450 sq. ft. combination restaurant and office building. The project also involves the construction of 3 boat alips. Lot area: Building coverage: Pavement coverage: Landscape coverage: Parking spaces: Zoning: Plan designation: Project density: Hgt abv finished grade: Site:_ r 2801 West -Coast Highway, Newport Beach Preliminary Calendar: Findings. NOTE: The Staff Report will be mailed upon request. 5-83-485 �z0�1 • Page 2 The Commission hereby grants a permit for the proposed development, subject to the conditions BM—w,w, on the grounds that, as conditioned, 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. See Attachment X. /6 III. Special Conditions. `Rr wn ,,Y `'f'Q'P'd' • Nc� cc�G�-� 1. Miti ation. For every square foot of water area covered, 4 square ee land restoration shall be provided as mitigation. The mitigation plan, specifying the extent, location, and method of restor-^ct-Q- ation to be carried out in the Upper Newport Bay Ecological Preserve, lrq_ . shall be developed in consultation with the California Department"of Fish and Game, and shall be submitted to the Executive Director for review and approval prior to issuance of the permit. The applicants part in the mitigation plan shall be implemented within six months of completion of the project or within one year of issuance of the permit. 2. Piling Construction. The surface of the pilings shall be textured to create an irregular substrate to enhance the attachment of marine organisms. Such design shall be developed in consultation with the California Department of Fish.and Game, and shall be submitted to the Executive Director for review and approval prior to construction of - the restaurant. IV. Findings and declarations. The Commission finds and declares as follows: 1. Project Descri tion and Location. The project consists of the demol Lion of two aural existing structures used for commercial purposes and construction of a 24,450 sq. ft., 3-level, 35' above AFG, marine office building and restaurant. The project will provide 55 onsite parking spaces. Additional offsite parking spaces will be required via an offsite parking agreement. The project also involves the replace- ment of existing boat slips with a new 15 boat marina. In addition, the project includes replacement of existing deteriorated noncontiguous bulkhead structures with a new concrete bulkhead. Also, a portion of the proposed restaurant office structure will be constructed on pilings in submerged lands within lower Newport Bay. 2. Standard of Review. The City of Newport Beach Land Use Plan (LUP) receivefinal certification from the Commission in May of 1982. Certification of the City's Land Use Plan was a major step toward com- pletion of the, City's Local Coastal Program (LCP). The City is now in the process of preparing the zoning and implementation phase of its LCP. After full certification of the City's Local Coastal Program,,,the-City will be the primary agency responsible for the issuance of coastal permits. Also, after certification of the City's LCP, the Coastal Com- mission will be responsible for the review of -appeals and the issuance of coastal permits only in areas of original jurisdiction (i.e., tidelands, submerged lands and public trust lands). """ :J�� APPLICATION FOR "APPROVAL IN CONCEPT" N0. 6` .Y' CITY OF NEWPORT BEACH FEE: APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the South Coast Regional Commission pursuant to California Administrative'Code, Section 13210 and 13211. General Description of Proposed Development: 1. �A Property Address: n 6 Legal Description: P4,°'f'• - ni /,a'f 0117 Zone: ; Applicant:'ow)'94,.,I )'sdlt�1Mail!�'r>r!ri Applicant's Mailing Address: 42( A131 Applicant's Telephone Number: DO NOT COMPLETE APPLICATION BELOW THIS LINE I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find o They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, subdivision Ordinance, and any applicable specific or precise plans or That a variance or exception has been approved and is final. A copy of any variance, exception, conditional _use permit_, or other issued _ permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: o Has been determined to be ministerial or categorically exempt. ! Has received a final Exemption Declaration or final Negative f Declaration (copy attached). o Has received a final Environmental Impact Report (copy attached). All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: _ ,1 1 ,, (, , :) , ('. I f-- PLANNING DEPARTMENT JAMES D. HEWICKER, Director Attachments: th ) NOTE: No building permit will be issued until approval is received from S.C.R.C. JAMES A. CARTER / 121 ROYAL OAK ROAD / ANAHEIM. CALIFORNIA 92807/(714) 637-55391(714) 637-9585 March 11, 1985 U BEPa iot no 6 oe�� 1985 N��p�\F• �( City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 RE: 2801 W. Pacific Coast Hwy. Newport Beach, California Gentlemen: Per your requirements, we agree to the following conditions with regard to the above -mentioned property: 1. Valet parking service shall be provided at all times during the restaurant's hours of operation. 2. The restaurant facility shall not be open for, -business prior to 5:00 p.m. on any day. 3. All restaurant employees shall park tKeir vehicles on the Mariner's Mile off -site parking lot. 4. The following disclosure statement of the City of Newport Beach',s policy regarding the John Wayne Airport shall) be included in any Covenants, Conditions, and Restrictions which may be recorded• against the property: _ (a) The John Wayne Airpoct�/may not be able to provide -'adequate air service for business establ ishments which relay -"on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service explansions at the John Wayne Airport; (d) 'Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. Continued on Page 2. City of Newport Beach March 11, 1985 Page 2 5. Upon completion of construction,.we shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 6. With regard to_a_program,for sorting andlCollection of.recyclable material, this is not applicable to our building. 7. All commercial area in excess of .5 times the buildable area of the site (i.e., 8,682+ sq. ft.) shall be limted to marine -oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D. 8. If the particular percentage of marine -oriented uses are not main- tained, due to a change in occupancy from marine -oriented to some other proposed uses, the property not used by the marine -oriented uses shall remain vacant and unused until a suitable tenant which fits the marine -oriented criteria is found. We agree to maintain that space as unoccupied and understand that the vacancy may result in economic hardship. 9. By accepting the use permit approval, we consent to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses. We waive any rights to defend any legal' action brought by the City to specifically enforce those conditions of occupancy. 10. We agree to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine - oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 11. No commercial, marina operated, boat docking facilities shall be it permitted bayward of the site unless we obtain the required Harbor permits and provide the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. 12. The valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Sincerely,' EARL'S LANDING jl JP-1-1 James A. Carter JAC/a JAMES A. CARTER / 121 ROYAL OAK ROAD / ANAHEIM, CALIFORNIA 92807 / (714) 637.5539 / (714) 637-9585 14 March 11, 1985 City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 RE: 2801 W. Pacific Coast Hwy. Newport Beach, California Gentlemen: We shall provide landscape and irrigation plans for the above -mentioned property to be approved and installed before final inspection. JAC/a Sincerely, �ol 'z5FZ)-J Ja_ �+ EA 1 JAMES A. CARTER / 12 .. YALOAK ROAD / ANAHEIM, CALIFORNIA 92807 / 4) 637.5539 / (714) 637-9585 February 8, 1984 Building Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA RE: Office —Restaurant Complex 2803 W. Pacific Coast Hwy. Gentlemen: With regard to our request that the City of Newport Beach issue a foundation permit at this time for the above —mentioned job, we agree to relinquish all vested rights due to any work done, and we will take all responisibility for any future changes due to future corrections. The completed architectural, structural, mechanical, plumbing, electrical and grading/civil drawings will be submitted by .3-G 8Y Sincerely, James A. Carter Gordon Barienbrock JAC/a *t Plan CW No. COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS By: Sheri Vander Dussen, Associate Planner Telephone (714) 640-2210 Date: Address:�� UV_�5r. i�14J(jj Corrections Required Legal Description: Lot Block Lot Size Zone Proposed Use Required Setbacks Front Rear Right Side Left Side Buildable Area Maximum Permitted Structural Area: Proposed Area: Gross Net Required Parking _ Section Tract Building height measured from natural grade to average and maximum roof height Natural grade line shown on all elevations Number of stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. Special approval required/obtained UP ?05j- ;Uj1V Q Additional approval required from: Grading Engineer Parks, Beaches, & Recreation Dept.(Landscape & Irrigation Plans) ,��((_ Public Works i `lip. Traffic Engineer APUAZ D(pt- 11 f Plan Check No. 5jC�,- 64 COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS By: Sheri Vander Dussen, Associate Planner Telephone (714) 640-2210 Date: M.0-rdl t3.j 198Y Address: 0�01 W, C,Ca'Z-& "A)t,�_ Corrections Required Legal Description: Lot Block Section Tract Lot Size Zone — Proposed Use S��"`'`"lresZ(-Cwo-yt,: Required Setbacks / ' /�I r n o f carnrv�bw Front 5 � h� �2'a%n / � �LXry �� 9a O{/Ny�� appa v`"(fA� Rear ) Right Side Left Side Buildable Area _ Maximum Permitted Structural Area: b.. �(2.0. E "Ia_ C,1�Sze, Proposed Area: Gross Net Required Parking Y Building height measured from natural grade to average and maximum roof heights-% C7�" •NIlA� Natural grade line shown on all elevations Number of •stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. Special approval required/obtained usp- p,e^,ak eoy ` _ 5 1v , r Additional approval required from: Grading Engineercatt 0 1% Zp! ?+?6. Parks, Beaches, & Recreation Dept. (Landscape & Irrigation Plans) +(•7, Z7,32"Xa I n• ql Public Works Cw%CXO, 12-16414rY L 41 Traffic Engineer Pcwk"15 dtjj, %U6b4, Stud.0 covxtW,oy )40-YU%(- 09pt Cvnd. 23 K M e h&,A ce a I ft(i h4�k Uv*e'Q� - S- % pak "� ATV4uK u t- w"L4A hx r-Cu d- C" 2) Page 209 DEFINITIONS Chapter 20.87 fzr 20.87.170 DWELLING, MULTIPLE. The term "multiple dwel- ling" shall mean a building or group of associated buildings each of which contains three or more dwelling units. The term shall include apartments, apartment hotels, attached dwellings, etc. (Ord. 1579 $ 4, 1974: Ord. 635 (part), 1950: 1949 Code § 9107.25). 20.87.180 FAMILY. The term 'family' shall mean: (1) a set of persons all related by blood, marriage, or adoption, and also, at most, one additional -person; or (2) any set of at most four persons. The term 'family' shall not apply to residential care facilities for six or fewer developmentally disabled,, mentally disordered, or other- - wise handicapped persons. (Ord. 1579 §.5, _1974i, Ord. 1173 § 1, 1966: Ord.' 635, (part),. 1950: 1949 Code § 9107.26: Ord. 1804 § z;•1979). 20.87.182 - FLOOR'AREA, GROSS.'•"Gross Floor Area"* is the area included within the surrounding exterior walls of a building or portion thereof, -exclusive of vent shafts and courts. The floor' area of a buildings -or portion thereof, not provided with surround- ing exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Ord. 1404 § 1, 1971). 4"1401:1- 20.87.184 lFinnR ARFA. "Net Floor Area" is the area:'''. included within the urrounding wall 'of a building; exclusive of,,*'. vent shafts; elevator shafts; stairways; exterior corridors or bal-''- conies, rooms containing only mechanical and electrical• equipment used for service of, the building,'utility shaftsand parking. (0rd. 1404 § 2, 1971).WtUds6LtMdlYdAr)9U."�.tb, (�R7f�aAA, Nam" �' ti �•(�� cuea . 20.87.200 GRADE. For the purpose of measuring height, the grade shall be natural grade unless the Planning Commission-approves•a grading plan or map, or a grading permit has been issued on or before the effective date of this ordin- ance (October 12,, 1972), under.which'circumstances grade shall., be finished grade as shown on'the plan or.map'so approved or y on the.plan for which'the permit was is'sued. In a case where natural grade.or finished grade'as referred to herein is, in the judgment of the•Planning Commission, inappropriate or . unworkable for the purpose - of medsurtng height, the Planning Commission shall establish grade in such•a way as to insure that the intent or purpose of Chapter 20.02 is fulfilled. (Ord. 1454 (part), 1972:.Ord. 1404 5 2, 1971). 20.87.205 HEIGHT OF BUILDING. The height of a structure shall be the vertical distance between grade at x?:� any point and the highest point of the structure directly`;. above, provided that a roof shall be measuared to the average 1. height of the roof, but that no part of the roof shall extend more than five (5) feet above the permitted height in the height limitation zone. (Ord. 1454 (part), 1972; Ord. 1115,' 1965: Ord. 635, 1950: 1949 Code § 9107.28). ...-. ,,,s..,•,„.J.....J..�„^+-.nee+*•`y.....nert...+wP+.. .-.-.,-w.-....r�...,m,.,....rv;-•n;a•.,.t,.-..++;Y••�wCs'f'.w!p"wN'r'W.�"!7R'4 o January 21, 1982 of Newport Beach morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 15. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 16. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures (Condition No. 1 through 51) and that those mitigation measures reduce potentially significant impacts to a level of insignificance. 17. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and the agreement of the applicant to ensure that marine -oriented uses occupy the excess floor area, or will remain vacant if not so occupied. CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum number of parking spaces shall be.provided for the duration of the office and restaurant uses: 9 parking spaces entirely on the property and 7 parking spaces partially on the property, located at 2751 West Coast Highway (the easterly 100 feet of the westerly 250 feet of Lot H, Tract 919) for daytime use only. 25 parking spaces at the rear of 2700 West Coast -Highway located on Parcel 2 of Parcel Map 7343, for nighttime use only. -29- MINUTES INDEX 0 January 21, 1982 to MINUTES to Y of Newr)ort Beach 3. That valet parking service be provided at all times during the restaurant's hours of operation. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. S. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. S. That a minimum of one parking space/250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space/40 sq.ft. of net public area shall be provided for the restaurant use. 9. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. 10. That all restaurant employees shall park their vehicles on the Mariner's Mile off -site parking lot. 11. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the Vehicular ingress and egress. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. -30- INDEX /3 Jz.. COMMISSIONERS a January 21, 1982 • � r c n m x N City of Newport Beach ROLL CALL 13. That the on -site vehicular and pedestrian circulation systems be subject to further review.by the Public Works Department. 14. That a 6 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway 'be improved with the design to be approved by the Public Works Department. 15. That a 6 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 16. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. L,17. That the landscape plans for plantings" adjacent to the public right-of-way be reviewed and approved by the Public Works Department. 18. The southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway shall be restriped to provide the following facilities: a. A right -turn -only lane to accommodate traffic turning -westbound onto West Coast Highway; b. A right -turn and through lane for westbound and southbound traffic; c. A left -turn -only lane to accommodate traffic turning eastbound onto West Coast Highway; and, -31- MINUTES INDEX .y January 21, 1982 MINI) -ES of Newport Beach d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion control plan recommended in section III, 5.0 Water Quality. 20. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 21. The following disclosure statement of the City of Newport Beach's policy regarding the- John Wayne Airport should be included in any Covenants, Conditions? and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such servicest (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to Oppose additional commercial air service expansions at the John Wayne Airport) (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. -32- INDEX /J MINUTES January 21, 1982 of Newport Beach INDEX 22. The existing gates which control the vehicular entrance/exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 23. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 24. The grading permit shall include a description of haul routes, access points to the site, and a watering and, sweeping program designed to minimize impacts of haul operations. 25. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 26. All on -site drainage shall be approved by the City Public Works Department. 27. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 28. The erosion and siltation control plan shall be forwarded to the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. L 9, 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 landscaping with the proposed construction schedule. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. DO. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. -33- r January 21, 1982 MINLAS of Newport Beach �1. The landscape plan shall include a maintenance v program which controls the use of fertilizers and pesticides. 3,2. The landscape plan shall place heavy emphasis on l/ the use of drought -resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 33. Construction of the proposed bulkhead shall be placed outside the tidal area (i.e., above the mean high tide line). 34. Construction of all waterfront improvements shall be subject to issuance of a Harbor Permit and approval -in -concept by the City Council and subject to issuance of all other applicable discretionary permits from other agencies. 35. Prior to ifouance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible participation in a compensation program for the lose of intertidal area, provided that the City and the various agencies involved in regulation of V Newport Say have established such a program. 36. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 37. The project shall be designed to comply with Title 24, Paragraph G, Division T-20, Chapter 2, Subchapter 4 of the California Administrative Code (insulation Standards). -34- January 21, 1982 0 MINUTES < 'City of Beach ROLL CALL I I I I I I I I I INDEX 38. Final design of the project shall provide for the incorporation of water -saving devices for project lavatories and other water -using facilities. 39.' Final design of the project shall provide for the sorting and collection of recyclable material from other solid waste. Prior to occupancy of the building, the program for sorting recyclable material shall be developed and approved by the Planning Department. 40. Final design of the project shall provide for adequate security lighting in public areas of the project site. t5. The required City review of the project landscape plan shall address the issue of retention of existing mature trees on -site to determine if such retention is desirable for the visual character of the project area. 42. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 43. That all commercial area in excess of .5 times the buildable area of the site (i.e., 8,682± sq.ft.) shall be limited to marine -oriented uses as required by the Mariner's Mile specific Area Plan in Section 20.62.070, D. 44. That if the particular percentage of marine - oriented uses are not maintained, due to a change in occupancy from marine -oriented to some other proposed uses, that the property not used by the marine -oriented uses is to remain vacant and unused until a suitable tenant which fits the marine -oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. -35- ROLL �17 WAISSIONERS �? January 21, 1982 MIN1JTES, � r e � m a e o City of Newport Beach INDEX 45. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditibns imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine -oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 46. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine -oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 47. That the applicant record a Covenant, the form and content of which is acceptable to the .City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 times the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 48. That the non-standard concrete sidewalk and curb along the. West Coast Highway frontage be reconstructed and any unused drive aprons be removed and replaced with curb, gutter and sidewalk. That all public improvements be completed under an encroachment permit issued by the California Department of Transportation. 49. That the existing telephone lines along the west Coast Highway Frontage be undergrounded. 50. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified an a slip. -36- COMM January 21, 1982 MINUTES o x . d m of Newport Beach ROLL CALL I III Jill I INDEX Motion A11 Ayes I* 51. That the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Motion was made to approve the Traffic Study in conjunction with Use Permit No. 2051, subject to the following findings and conditions, which MOTION CARRIED: TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary -modified', or 'primary' street. CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard - Restaurant/Office Complex" dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements ,AA _ s.f, _ 250 •1!5 oundary of 7 0 0 -� 7 � �, 1 F �4 sw -/� h�✓a1i� ' _ I Sites uA" & "B" r`� i r c �C v •¢7,5X I I! Total y Required Sit 28 9 ��T " � e "B" 24.3. 3 i _, _.. .. t Oa . 7 1 Total - Site Evenin "A" & -B" 72 ' 20 21.7% 92 k Mart a s Vineyard 3.190 s.f. - 40 80 Fin C f Pacifica 22S�s.f. UO 40 s F507 _ ``'� '•s Evening Total - Sites t, t "A° &'"B" i2 20 21.7% 92 ' - 7 � .. I - i _ - -i� Total Evening Required .1V7 - - Site "C" 1 50 0 _ 0 50 ! I Total - Site "A" . C. 122 20 16. 4z 142 �• — 1 ,; - Footn - { - PARKING PROVIDED tee: 1siteo"C" to ntains the 50 parking spaces most westerly in the exiting'• _ _ K DEO FOR I•tARTHR S VINEYARD PER AGREEMENT lot behind Mariners Square project on West Coast Higf;way. h j Full -size Compact %,Compact Total Site "C" will be used'for restaurant, employee parking only. The restaurant will provide escort.or van service to ensure safety.of Vit " restaurant personnel returning to the employee parking lot in the i• _ {fj I - - - _ - { Site A" 3 11 '22.9% 48 late evening hours. 7 Site "B" 18 0 0 18 + \ I Boundary of Sites "A" 8 "B" 7 0 0 7 The property owners of sites "A" -"B" & "C" have entered intg an f agreement to provide parking as indicated above and to provide Total Sites "A" & "B" 62 11 14.9% 73 an,easement from the driveway on Site "B'.to Site "A" � s Eve�niing I l� Si Ye "A� 370 110 202.9X 44 ; < I" Boundaryof Sites "A" & "B" 7 0 0 7 ' f'S � ,'.� , .- .. 2J � ��• ", �� S Site "C" 30 0 0 30 Total Sites "A", "B" d "C" 79 it 12.9% 85 eyA 'k L"f" I c co i'.I c:.s".4, T � ��.0 I 1 _r • 1 -� ' :_.,� e � moo. I 1-- — — — — — — — — — — — — — — —" ---- —1 _. -�-. � . IC 3 g z �_� I �.! -'�=. till' i�• ', ii i ; II I ( li!: ! I Ir lril� /" - 7 i�r �J �hrZ}� tip-? P!-+ ✓.�.*. (a. i K Y. ' x d^J� (� � � •�~' � Via) f. �,.� f�i' .. ' �.�{ r''� �'�, 'r =_ -- it 1w _ { 00, °.)_�� trC �.—_,--_ st_ _lr�(,�� I �� "}1�� 2�1 _ ( CC1 r j d �Ju� CJ __ O it 111 li. 1 rt - - - I !S - - t 77 4'„{Q/�- 'I_=--_-7�I�{11i '., F." �i Ih,l'I IItl i I`� 1�'111II(IIf II !1If:'I'1 - - /J� ' - C.ie6i': �••: JJPe•J?+<°'<.° r�� " N.eJe040•i' "• s ti i�i iiiiii°iiei• •ia<" �i i%�P' a ��e a`i � i•i s'ri it l' JI lvY$s r . '� � - � ! r + - � _ /}, J♦: JJJ. i°e :° S i� :::W,+ e > a„e,m° ♦• +.°+ e. a e0•JJJi•. i°JeiO•' ♦ •' ♦ e e ♦ <+° y e a e a°OJOieJOih J<i eV<i iiMOJJe'aVe i i°J• i i i i i•O•SYJJJJ e ••e i°Je°J• e0 e0 i°OJPa �: i O:•• �_ �' t � ZCo � ;f� _ _ , � e ,.' e • :> b+ +e +°Jr'°. -,.a ' ♦ ♦ p ' • e °J ° i°i i ees a•Jte° O. i• ° iO•i iiS<e° s°e<i4iYi:' e:iii i°+i•<♦J:.iiOi i e°ei0 ie♦ i°JJJ+i1°.i": ee<eW ie i•JOa°e°ei :°<: E•J _ --� -- - _ - "^_ -- - ' ' _\• a ♦' • �♦ i e' � .?i Q.?.:�:%:•! ::i!+.%♦?♦:♦ia e�eA•:?Js°•?•?09}?&♦i ••�•e00Y ♦•°see a •4�a< � •i ie 4 0 JJ i•FY �M• 1 i° ° •e••• O•Ai4a °O♦O•e•O•VJ e e �o ♦ y., e e e a e J r ." -.: � .. n/I 1 � I�_� 2,� ^/ tt�� "" iii _-. e. .' 1 •e�i:♦a_♦- ire z°a� '.f � •AO j _ _. 1. - .->.0----••.<?. �.....-♦•...+L..♦.-... A.....-. dJ... �B"te-♦.❖ors l.-�.-___•�- _ _ _.. ' - � '� �,1i----�_�- LlD � w��_ ,. .I ,_ _ It_/ ._..-LJ�.^I _y_.� •ie♦;. � �•esi• iav,s� :°.i 11 i';J: - I � �J yet- r _ - - - _ ,y�l - I� _._--�-__ z �_ "—__ __—_" - - - _ .q/ �,•!.`.` Jii, - -. i°eei. LaanvA .. - ,Y'� •i'! � y♦ < j - � � ,�'z.%i i� .. j.� - I - 6r riil +e:O• ii•"t:%S:°•°•°•aj.:°< JJO' � -. - �-.____-, _ _._ �f �yj� (` �/ •J• �. _ iii E!O'J � fee•• _ J , . 1 +A SLt t rJ ' t ) ` ,; �^ �-- ,�`- I - � r - _ eJ♦• ij 4� .�I1 r %�4t I d ... __p ; - J...•. <,.. - 3 I7 % •st _ �:: :�1.e✓v...` lEi_ fIJ:o.1, saIle e.. _I J'��♦'e •a.e♦ \„ may', sRe.0 ant - 1 : � t r a1:)JI ', ff Utz/ lex�7-__� W..V. 1 15 f ` •......•,r• .e 41 .. 1 • _ . rL' _ t 5. ♦i:•1 :-1�1. r:.'1, 77,d - - - 'i•J JI.— _ Mk XX xf tr#`. : - ��-r '�' j(�1�F�lj 1 - i � C�_ - _- ,_ �i0•♦;•i � f - •i•::•:� Y._ — i-- 13 - V '.. �1 .F 14"",v�' tAU CI� - .�- `� - :_ - / 0•♦;� !' - -' O -�_. 'i - it `� _ .. / I ii :•�` E •� �e•: o•'--11��' _ 't N --� X: i',.7. ,'.'.w'� 1 _ _ e ♦ i�a:''a?Q'si °°� / "tees' - - tee`♦'� -�- /'Ln, e ��, r�q�- - _ {.I: iJi- ;:•s'°ea /, r� I r-y .- t(j•;e0;: _ - ,. I/ l, �MiT'S✓F� , -� .. - T_ Y•: rTi J:e.e -_ "T i!'``: ^p�!•.ay h"...f^5��'^^il I. J•: - - ::: _� � — �H 1' r _ I _ yvl�\♦ ,.. t•:. ._f>,ro..;.,,ee.1 °Ji�Pk�P.:PJi 1�f� J \'`"2. �ei;q:! _ _ _ ! �} v ••'D'JP� 4'• �T•� T•i i i • •. Ce o;XO'i•"i s rVs7 PI'.,•••♦'•'••'°'ee••e•eeee♦el - ♦,e•e♦e, •a..>, yl �• s' / e♦„♦'♦♦•e♦♦e♦e'•♦•e•e•e ♦'♦♦'♦♦•"•'a••♦♦♦♦ee♦e•e', •"e♦a'••+♦♦••♦•e•se �ee+♦•♦♦♦•••♦♦♦•••e'••e ♦•♦eess♦e•ese♦esse•♦esae♦•ee �♦ k r) <. < its •,•s"♦♦+•.•♦"♦••,. •e♦s♦•s °J 'ee a°i•4•'e • i•J ••'•O °,i A°'•'•♦♦♦s'°•e♦♦<se eeee eee •e♦ses♦♦♦e♦eee♦••♦••e ee � ••"Je•J'sa`: 4._ _ \ ,••♦•O.Oii4 i° •JJ iJ•Mii°i• •••Je♦e•eiiO. Oeii S•• •Oee♦OOJ•Oii0i4 J0.•♦••'OAi°J"e•e'♦♦••'•••♦e♦e'ese•ee♦•sa••e••s ♦es♦'♦<+e • ♦ • • ♦e♦♦e"'♦•e♦e •♦•ees ♦♦eeeeee•ee ♦e se♦e•e ee �••e .. - ��•/ � vJ.e+•uu♦J V<.LLG<-�•JJr.�♦J♦ .e.2..e �♦ .Vuw�Lw .eu♦..L•♦e•e ee ey♦•♦�•♦•e��e♦u,♦e�e��♦. eeeee•••eeeeeeeeo�� 0.�•i<.e.G♦new♦. ( i /\y 7 �,;��y 3 2 "I i�; /4-t ,+Wy a� , I � r .�\ 1 � 1 /x'-_ %Z�\ f It r i(� 1 f`i` I c t "� 1 r ' t "� - - U5LICCOSS WAL"_ _ CK ;9 _ 1 I _ i ri 111 %b Trh I. ii F�M ,- „'. l - 51 TE" pi �t;��• < � � - � �i--C711 - F I , i I " A 'E-,i IY F:"R A FROJECT ;7C.�R 11V\Q., r;=>Rt:n>4 a A ��{� `r^� ,/ Is�1�Ii�..-.� e^-aey1�� 0-+7 �.,� / 1+ 'o� I °,.� V I I i L..�Y/ } ! "*I.,J ram" ��ry� I If ( .,-•.- .f.'-��. (/ 1% {l+�-/� Ir-.�+. \j�� ,� V \/ ` i `• �...*" k,.� '- `d `I I � � I 'ka,., 1., O r �I Lk..�./ willlam blurack & partners architects planners a / 714 673-0300 neOwPoet Ceaehule�errlBlitornia 92663 p IGN 4J Lw< '+i i..•,..• ' 1 . l _ 1 ' SHEET - OF 3 SHEETB REVISIONS DATE + I.a l �l/, C,.• v 1 DRAWN JOB NO. 2 17 Third floor. LINE OF P ROT FL �T RICT� WAL-KW,, �i al 0 Second floor - I [ZAGF-A�LF, 17-Dr/kG� 7 �I l 2 77--7 I -'741- 7 11 ram CrHERE zR W \140 ISM VeN r2IN /10 OL K ITC, H EN oo CF- 'Lill F-A ILJLJI IL-JL-j N PT 4! LELA U71, < F �JAHO RAI L� 4 r First floor - Iscale: 1/8 11 =1 1 -0 if d N12738 021 cC00�, 2RK. A .► I 1�1-AATK4� •5 - V E)"A R, Q -,,,E '5 T A U K A �' T �o OFff 16 E 0 rtrlL E� x william blurock partners architects planners 2300 newport boulevard / 714 673-0300 newport beach, / California 92663 SHEETL OF SHEETS REVISIONS DATE: i-fEll DRAWN JOB NO. r4 -7 F WALKWAY WATER LINE\ I ---..-------- — ------- - - -- - i I f I 1 1 ! ' - 1 I - - —_ 1 _ ,�-- 1 -- - -- - - - --- - - ----- — - - - - -- _ 7. _ _ _ - - -- — ---sHt�GLEs ' 14 ------- '�� __ -- - - - ---- --.--- --_-- -----_-=- - --- --- --� _. _ � , �--- - - �?-+--:-ter--}—,�-F_�-._ - -- - _OPEN -- I` �... , - ( - - WOOD SIDING =r.. '! WAI WEST ELEVATION. Ll _ - - I _ 1 _ 1 . I— OOD S DING =- -- - -- —_ - - r—S1i1NGLEs -j f --J I — — — - - - - I It - - ' 7� 1 11 }} _ J�_•I. _•_`1 .- ,-h.1..__--.=1� -I . _ `-I', �!I'Iil_. ._—- . fiitr' , -i' 1 �:�II T_ _ 1rT ! �' .__- -.._JJ1 _u, ' � �— .- .'i t T--- - -41 — 1� i I -. I - , -- - -i- - - - _ f . ; ,ice. �. - _I ._ 1- - � � - � - - :*� _ - r*� -- r—,� � - r _ _ ' __ �' `7 L'�1 I'• `� .'� - . 1w 4Li_s.._ -'- tf 11 i s - WALKWAY- 1 _ 'OPEN EAST ELEVATION _ e- SECTION LEASEABLE OFFICE SPACE j LEASEABLE OFFICE SPACE LEASEABLE OFFICE I.. ems, r RESTAURANT - I PORTE COCHERE ELEVATOR AY WATERLINE ' f rl �V I d F� -~- _ _ . ,: T- 1 i-it �-f-_ T -`-•� �-i �TT�-�--i-i ;ai__�..,T_^` � f WOODISIDIN - I I :I Ij- - I: — - - Jq...SHINGL-ESL_I. — I t __ i I }... - I _ i 1 - = 1 T 1, �.iilli' 1i1, ilI'i ii f I I l iI Lift- �I�YII_ {j i 1, .L._-i-� �l 44- - - - ---- - =-�--L 4 tJU, f1 I �T �i 1 Ir-� �.' L _ ��r�i" J1ii I 1.,+ it -� -1� Ill 1� ---- --------- - -- ----------- - - ------ --- - WATERLINE SOUTH ELEVATION (WATERFRONT) - 7_ - - - ---. - I 1 r-- ) MGLE_S - - - - ff � O SIDING WO - __---; OPEN - --- —�__ i NORTH ELEVATION CSTEET . (STREET FRONTAGE) PACIFIC COAST HIGHWAY - -- - -� a + SCALE: 1 / 3" _"ll —, A cjTU j� `� CGj�� j� ��G . � F�{�C7 �f � G`' � �?U� r�r �; � � �- ,1 � r`��, ? " �, }�\ F_ I wllliam blurock 6� partners architects planners 2300 newpert boulevard / 714 673-0300 newport beach, / california 92663 �E�� C� I� rJrV�LQI l�l�•1.T GCI _ SHEET s ) SHESDRAWN OF Immmm REWSIONS DATE JOB N0. n,..c_ i , , I•�%. ..t ., � r , .�i, tiro :J.,,. ,'- ...L, . '1.•• ,-p I J' a. +'7: ;"j •[F � I,,. t,r}�'cJ, 'S: � n:;'r — ,•2 � del. rJ •'rl;:. •L,' � 1ITA. IF1,1. 1,I" i, {j'': dr. ,.,,Mn,..r:. •i-•r t' `Sq•�y _ It ��" ,�SF .,•. j,��;��q ';il;..t; vYP..•�;.':;la;•,,t7,;�; s<{ i� ;'`;{�`;;;,. Lq.. .S y7 i ..,. `.`j�!t` 'L . :,'lP,i`,;pe1r,•-!. r"h'F',✓. 7' '='3 -' �''if, .J; . •i r: I�, F `. • `.. iL .:' : .`, tit; :'t:. ). .4,. .r r.1 s: ;�J�X ;, ;,. .:J� fv''{..:`., `a � �• . 1. •'t. •1," ti�n�'frM,y )�(., t':. a,�n,� ,. It; ,C•`u. @Il. u}•s �° 1�1'.. ::* is ', :r f'i 1', {'�.f• ir4 r'. .r' '•,'4.y>,..W �M1II� •.li... �'•' V••�.�+.SIi'IVAr�4e'�� r 1: i Ir •:: ii jyt,S�`'+�1`'l rtr_%, •I•- :r r•,ii:..J �:+ E}f. /y�A... ,t�(l� t ,1•. ,PF- ;„�j�e :iJ�'A TCf '`:J, r).: �f•.yiC. '(l. }i11R �tr. bSiijn:'.'.v7J�: `:yw_r- '.:, f:Rv of NA W nrt .''nt tilt-ntKir'sS M=RAI-r ^ AN . •.gin,.. SJ' t I,e Ile Building Do ant I L—I tiIV11 I 2 4805 •HE P.O. Box 176E •�\A�`1�_ APPLICATION `�. K NO. Newport Beach, 92658.8915 PLAN Permits: (714) 644.3288•. Inspections: (714) 644.3255 SU .Y , Z o BUILDING L OCALITY ICROSS ST✓)J ,q.., RCGS-G IO). �J-}CI�G L..�lv y/T' Fes•'( /IY STAY. AREA G SSED BY ST (1, CONS LOT NO. BLOCK TRACT P VACANT SITE USE OF LOT 512E STRUCT. ti'jl��•�� GRADING APPROVAL REQUIRED ❑ YES ❑ NO - ❑YES ❑ NO ��LI, ,MrLr+ ��t TEL •f OWNER PII IJ.S T-1�J NO. /J'6Z•S -1 � SE ZON PARKING SPACES /n� y2� ADDRESS V 5 �rWYr•'!J rcrV I_ COMBS. CITY . ` ZIP CO'.TRACTOR DORESS TEL. NO. Is D nPRt. vaOP S'SriP of — CITY ZIP YARDS: REAR RS L.S, LICENSE STATE NEWPORT ZONING APPROVAL — FAIR -SHARE $ CLASS LIC. NO. LIC. NO. - ARCHITECT OR ENGR. TEL, NO. FIRE APPROVAL EXCISE TAX $ GRADING SAN. DISTRICT ADDRESS ZIP' APPROVAL NO ZONE $ - LIC. PBYAN CHK SJHTC $ CITY NO. DESCRIPTION OF WORK OTHER $ _ NEW �' — AOD ❑ ALTCR MH REPAIR 0 'DEOLIS❑ APPROVAL TO ISSUE TOTAL $ 1 Po, rr.e F4 rt - -t rn"'MFf WORKERS' COMPENSATION DECLARATION ' 1 HERCBV AFFIRM THAT 1 HAVE A CERTIFICATE OF CONSENT TO SELF -INSURE. OR A CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OR A CERTIFIED COPY THEREOF ISEC. 3000, "S.C.) y/ _ Ski � I Wi r"VV t^tv I 'I POLICY NO. COMPANY - ❑ CERTIFIED COPY IS HEREBY FURNISHED. ❑ CERTIFIED COPY IS FILED WITH THE BUILDING DEPARTMENT - 'iIGNATU RE OF MPPLIOANT - -- -DATE APPLICANT LICENSED CONTRACTORS DECLARATION CERTIFICATE OF EXEMPTION FROM WORKERS' 1 I HEREBY AFFIRM THAT I AM LICENSED UNDER PROVISIONS OP CHAPTER D COMPENSATION INSURANCE ICOMMENCINO WITH SECTION T0001 OF DIVISION 3 OF THE BUSINESS AN. RHIS SECTION NEED NOT BE COMPLETED IF THE PERMIT IS FOR ONE HUNDRED PROFESSIONS CODE. AND MY LICENSE 151N FULL FORCE AND EFFECT. DOLLARS (0100) OR USES I 1 CERTIFY THAT IN THE PERFORMANCE OF THE WORK FOR WHICH THIS PERMIT 19 LICENSE CIASS LIC.NO. ISSUED. 1 SHALL NOT EMPLOY ANY PERSON IN ANY MANNER 50 AS TO BECOME _SUBJECTTO THE WORKERS' COMPENSATION LAWS OFCAUFORNIA. CONTRACTOR' DATE GATE APPLICANT OWNER -BUILDER DECLARATION NOTICE TO APPLICANT( IF. AFTER MAKING THIS CERTIPICATC OF EXEMPTION. YOU SHOULD BECOME SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS OF THQ I HEREBY AfFIflMTHAT I AM EXEMPT FROM THECONTRACTOR'S LICENSE LAW FOR THE EXEMPT FROMY0315 I HEREBY AFFIR THATIAON LABOR COOMYOU MUST FORTHWITH COMPLY WITH SUCH PROVISIONS OR THIS PERMIT SANOPROFE9R'SLISIONS COCCI ANY CITYON SHALL BE DEEMED REVOKED. COUNTY WHICH REQUIRES A PERMIT TO CONSTRUCT, ALTER. IMPROVE. DEMOLISH OR REPAIR ANY STRUCTURE. PRIOR TO ITS ISSUANCE. ALSO REQUIRES THE APPLICANT CONSTRUCTION LENDING AGENCY FOR SUCH PERMIT TO FILE A SIGNED STATEMENT THAT HE IS LICENSE. PURSUANT TO I HEREBY AFFIRM THAT THERE IS A CONSTRUCTION LENDING AGENCY FOR THE THE PROVISIONS OF THE CONTRACTOR'S LICENSE LAW (CHAPTER B (COMMENCING PERFORMANCE OF THE WORKFOR WHICH THIS PERMIT 19 ISSUED (SEC. 3097. CIV.CJ. WITH SECTION 7000) OF DIVISION 3 OF THE BUSINESS AND PROFESSIONS CODEI OR THAT He IS EXEMPT THEREFROM AND THE BASIS FOR THE ALLEGED EXEMPTION. ANY LENDER'S NAME VIO}ATION OF 6ECTION 7031.0 BY ANY APPLICANT FOR A PERMIT SUBJECTS THE ICANTTO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS 1I9001A LENDER'S ADDRESS I CERTIFY THAT 1 HAVE READ THIS APPLICATION AND STATE THAT THC ABOVE INFORMATION IS CORRECT. I AGREE TO COMPLY WITH ALL CITY AND COUNTY S OWNCR OF THE PROPERTY. OR MY EMPLOYEES WITH WAGES AS THCIR SOLE PCN SATION. WILL DO THE WORK. AND THE STRUCTURE IS NOT INTENDED OR ORDINANCES AND STATE LAWS Rls"TING TO BUILDING CONSTRUCTION. AND HEREBY OFFERED FOR SALE (SEC. T094. BUSINE98 AND PROFESSIONS CODQI THE CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNEfl.OP PROPERTY WHO BUILDS OR IMPROVES THEREON. AN. WHO DOES SUCH WORK HIMSELF OR THROUGH ARE NOT INTENDED OR A:ITHORI2E R PRQ9ENTATIVES 01 THIS COUNTY TO ENTER UPON THE ABOVE-MENTO9 8� PROP IT Y F 19PECTION P RPQSES /V�i� HIS OWN EMPLOYEES. PROVIDED THAT SUCH IMPROVEMENTS 19 SOLO WITHIN _ OFFERED FOR SALE. IF. NOWEVCR, TNC BUILDING OR IMPROVEMENT ONe TEAR OF COMPLETION. THE OWNER-SUILOER WILL HAVE THE BUROCN OF PROVING THAT HE IN) NOT BUILD OR IMPROVE FOR THE PURPOSE OF SAL" I, I. Ai OWNER OI THE PROPERTY.AMC%CLUSIVELY CONTRACTING WITH UCENSEO 910NATURE OF PE MITTE DA OHTRACTORS TO CONSTRUCT THE PROJECT (SEC, T044. BUSINESS AND 1 Fees $ PROF f9910N8 CODE( THE CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OF PROPEgTY WHO BUILDS OR IMPROVES THEREON. AND WHO CONTRACTS FOR SUCH PROJECTS WITH A CONTRACTORS) LICENSED PURSU T )O THE ESI, VOL .p' Other /CONTRACTOR'S LICENSE LAW.). V/V.: l//J!/`. C. R 11I PEAS N P/C Fee $ Permit Fee $ LJ 1 AM EXEC T UNDER SEC. Real Val. $ Adj. PIC Fee $ • _ DATE G ,NCR Cg,D $ Total Fees $' ' WORK MUST BE STARTED WITHIN A PE IOD OF 180 THE DATE OF VALIDATION OR THIS PERMIT BEC PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION ON. M.O. PAS 1173 11ii9%t17 31.90 TC+t1_ K CASH 1 CiA &wi- 6,zj,(Aj / 0,�S,� Nest' y6-AI- b ONO 3ea131 J ' vY1,AA4-� C4D,fn ' a 3-,rD (W-)Wpf F tot= PARKING PROPOSAL CHART AGREFSD ZT "A"_061Q M K GIVES 18 OF HIS 2TEXCESS SPACES TO BARIENBROCK FOR DAY USE ONLY f3rU-y's , 76'/ Al CAS i C(¢ 42T FI Gam (apF�-iCkNT) H W a90 i W, Co �-14w� BARIENB_ROCK DAY PARKING J I DAY PARKING Required k4;X 1;6 Required 64 Has (on -site) 10 Has (on -site) 48 Excess (on -site) . a r$ Has (partially on -site) 7 Needs (off -site) 9 Has (off -site) 18 NIGHT PARKING NIGHT PARKING Required Required "— 80 Has (on -site) 23 jp Has (on -site) 48 Needs (off -site) 28' `p Has (partially on -site) 7 Has (off -site) 50 Needs (off -site) 25 Excess (off-site)•_9' Has (off -site) 30 Mariner's Mile Co. gives Clark gives 30 of his 50 off -site 50 excess parking spaces spaces on the Mariner's Mile Co. to Clark for night use site to Barienbrock for night only; includes provision use only. to sublease 30 spaces to Barienbrock. WUMMER' S MILE CO. 50 excess nighttime parking spaces. z,r December 8, 1992 2751 West Coast Hwy Parking as approved by Use Permit NO.3328 (1) 32 onsite spaces for daytime use (18 spaces leased to the Chart Houser, 14 spaces available for office use, 12 required). (2) 32 spaces available for nighttime use on -site (none of the 32 spaces are leased to the Chart House for nighttime use.) (3) 43 spaces are required for nighttime restaurant use.2 (4) 2751 W. Coast Hwy has 50 offsite spaces located at 2700 W. Coast Hwy. per offsite parking agreement. (30 spaces are leased to the Chart House with 20 remaining for the subject property. (5) Subject property has 32 onsite and 20 offsite for restaurant use during the nighttime. 52 spaces total. AFTER APPROVAL OF PLAN CHECK #2121-92 (1) 30 onsite spaces for daytime use (18 spaces leased the Chart House, 12 available for office use for 2751 W. Coast Hwy. (12 required for daytime office use). (2) 30 spaces available for nighttime use onsite (none of the 30 spaces are leased to the Chart Hods"e-for nighttime use). (3) 40 spaces are required for nighttime restaurant use.4 (4) 2751 W. Coast Hwy has 50 offsite spaces located at 2700 W. Coast Hwy., per offsite parking agreement. (30 spaces are, leased to the Chart House with 20 remaining for subject property. (5) Subject property has 30 onsite and 20 offsite spaces for restaurant use during the nighttime. 50 spaces total. Genia Garcia, Associate Planner I Chart House address is 2801 W.Coast Hwy 2 Parking requirement based on 1 space per 40 sq.ft. of "net public area"; 1,691.5 sq.ft. : 40 = 42.3 or 43 spaces 3 2 Parking spaces were lost due to the installation of a water line easement required by the Utilities Department and the other space was lost due to the location of the trash enclosure. 4 Parking requirement based on 1 space per 40 sq.ft. of "net public area"; 11596 sq.ft. : 40 = 39.9 or 40 spaces W , 71el / 0/7 d� CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Public Works Department 714/644-3311 October 6, 1986 Gordon S. Barienbrock 2aOL West Coast Highway Newport Beach-, California 92663 Subject: Use Permit No. 2051, 2801 West Coast Highway Dear Sir: Prior to issuance of any occupancy permits for the subject project, the items listed below require completion, repair and/or submittal: 1. Submit improvement plans of the West Coast Highway improvements for Public Works review and approval. 2. If the sidewalk improvements are not completed before occupancy, place temporary patches on deteriorated portions of sidewalk along the West Coast Highway frontage adjacent to 2751 and 2801 West Coast Highway. 3. Remove power pole located in the West Coast Highway frontage. 4. Provide the City with an agreement between Gordon Barienbrock and the John Dominis West Coast Highway frontages eof the ct ttwo developments ing that all rwill ebescomplealong e completed concurrently. 5. Provide the City with recorded easements for pedestrian purposes along the bay front and between the bay front and West Coast Highway. 6. Re -stripe the southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway to provide the following facilities: a. A right -turn -only lane to accommodate traffic turning westbound onto West Pacific Coast Highway. b. A right -turn and through lane for westbound and southbound traffic; c. A left -turn -only lane to accommodate traffic turning eastbound onto West Pacific Coast Highway; and 3300 Newport Boulevard, Newport Beach C October 6, 1986 Bordon S. Barianbrock Page 2 d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. (The re -striping will require that new traffic signal detection loop be installed and that this work be done with a Caltrans encroachment permit.) Attached is your letter dated April 15, 1985 stating that you would not request occupancy prior to recordation of the public access easements; a letter from James Carter agreeing to conditions of approval; and a copy of the conditions of approval for Use Permit No. 2051. If you have any questions or desire additional information, please feel free to call me at 644-3311. Very truly yours, Richard L4Ho tadt Subdivision Engineer RLH:jd cc: Raimar Schuller, Building Director James Carter City Attorney .jaop A,. 4 ' 0 86 RECEIVL� nnft TO: Tracyssoc. Planner 9 Plartme Williams,e Dapartmcnt FROM: Shirley Richter OCT3119865 CITY OF RE: 2801 W. Coast Highway N PORT CALIFF..EF`CN, ... r_T` O� dk 1. Attached please find Parking Lease agreement. This agreement hu'd was approved at Newport Beach City Council meeting on joj�jf�& June 18, 1983. The agreement has been recorded as shown on the attached. All mechanical equipmept and trash areas have been screened and fenced from view. LU Landscaping, has been installed per approved plans and will be completed on this date. L" Ok 4. All trash is being dumped in two receptacles. One for read recyclable materials and one for non recyclable materials. A Na5.y0/The Covenant to Restrict Gross Floor Area document copy is aattached. Shirle is ter 0 October 28, 1986 TO: File FROM: Tracy Williams, Associate Planner SUBJECT: 2801 W. Coast Highway Prior to occupancy, the following conditions must be satisfied: 1. Verify off -site parking agreement approval. Has agreement been recorded? 2. All mechanical equipment and trash areas must be screened from view. 3. Landscaping must be installed per approved plans. 4. Provide information for sorting of recyclable materials. S. Recordation of Covenant limiting development to .81 times the buildable area. Provide copy of document. Tr Williams SPRUCE GROVE, INC. P.O. BOX 17598, ANAHEIM, CA 92817-7598 November 4, 1986 City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 Re: Earl's Landing 2801 W. Coast Hwy. Newport Beach, CA 92663 Gentlemen: CONTR. LIC. NO. 229077 (714) 637.2890 (714) 637.5539 This letter is to confirm that the landscaping at Earl's Landing has been installed per plans and specifications. Sincerely, James A. Carter President JAC:sm Starboard Escrow 40 rurporntum nir. RIGII'r WAY TO CO" 1665 WEBS' cur'rivivE NEWPOR'I' brACII. CALIFORNIA 92660 (714) 548-7723 r- CITY OF NEWPORT BEACH Date June 27, 1985 Ptanwing Depahtmewt 3300 Newport Bouftevand Escrow No. 3022-AM Newport Beach, Ca. 92663 L J Your No. We are enclosing the following in connection with our above numbered escrow: ( X) Ce>rtib.ied EbeAow ,ivutAuctionz Uoh the pnopeltty toeated at: 2620 Avon, Newport Beach. Ouk- ctustomeA xeque.6ted we contact you ,in %ega&d6 to the 5aet they cute ( ) going to Lea,% down the stutctu a as boon as e,6mow closes, apphox.imate2y July 31, 1985. 16 you have any questions, do not he.6 Late to contact us. Ve truly yours, 7 'Audke Mayen./ Escrow Officer Enctosune am tic P1a nr� zit J p1'C'I gEAON. NIP CRA �F- s SB10E-7181 Starboard E,5CPOW A& June G ,19 85 CORPORATION i " TIIE RICIIT WAY TO CO" Escrow 3022-AM 1665 WESTCLIFF DRIVE BUYER NEWPORT BEACH, CALIFORNIA 92660 Escrow Audhe Ma e7s Officer y y _ Escrow Instructions — Buyer and Seller (714) 548-7723 MEMO 1. Prior to Juty 31, tg 85 Paid outside of Escrow$ _-5D OOU--0-0— 2. Iwlllhandyou$ 49,000 00, .in addition I have handed Cash through Escrow 3. you $1"000.00 az a deposit .in eseAow .to my Encumbrances of Record 4. account; 5 New Encumbrances n n 8. 7 TOTAL CONSIDERATION 0"0_ S. and any additional funds and Instruments necessary on my part to enable you to comply with these Instructions, all of which you are authorized to 9. use and/or deliver, provided on or before the date set forth on Line 1 above, as qualified by the provisions at the top of Page 2 hereof, you hold 10. the money and documents, If any, deliverable to me under these Instructions, and Instruments have been flied for record entitling yowto procure 11. In connection with property commonly known as: 2620 Avon ,_ALPw.pnjLt Reach,Cal!.14n)Lnia 9 663 12, Contilnp ta.P La I Standard Coverage Form (Owner's orJolnlProtection) policy oftitle Insurance Inthe Issuing 13. Title Company's usual form with Its IlabJllty for 2 h0, 1200 00 (the amount of total consideration) with respect to 14. real property In the City of Nowpnh-t Roark ,Countyof Ohan.,qo Stale of California, and legally described as: 15. Lot 45 o6 TAact NO. 1133, Seay.iew Heights, as shown on a map &corded 16, .in Book 36, Pages 13 and 14 o6 M.isce2taneous Maps .in the 066ice 06 the 17. County Recaden o6 said Orange Coulity. 18, 1 hereby certify this to be a true and correct 19. copy of tl original of t document. 20. 21, 22. SHOWING TITLE VESTED IN: JAMES S. ADAMS and SHERRY L. ADAMS huhbaf RMTWEI " Community 23. PAapeAty. 24. FREE OF ENCUMBRANCES EXCEPT: 25. General and Special Taxes for the fiscal year 19 85 ,19 86 , not delinquent, Including Personal Property Taxes, if 26. any, of any former owner and also Including any Special District Levies, payment of which Is Included therein and collected therewith, and all 27. taxes and assessments which may be levied or assessed subsequent to the date of these Instructions. 28. Bonds and Assessments, not delinquent, unpaid balance nonP 29. Covenants, conditions, restrictions, reservations, easements, (for public utilities not to exceed 10 feet along the exterior lines of the property) 30. rights and rights of way, of record, If any, or in deed to file and the exception of oils, minerals, gas, water, carbons and hydro -carbons on or under 31. said land, If any, now of record. 32, Trk�tk�°k R kr.�9@kaR> k�.lR �.. kk1 �.9@)@x9;°k'.v . Rr� . °R CR+L '!@h"kRrx'Rk9°k' . R��.R�'. RR 'k£'R�'RIta.P.@!Px'TMOY 33, jyxxxxxxxxxxxx+tt(QiG9giNgashdU}if(BhgPtt197fAtW9;dtreMllas'eYd9lt16U13KfOYaytATbVdtf(A9)f1tr9XbtalkAfd5Td41a11Mr1Cr13tL�Afdb�hllffiad4Ht - 34, anbvKbyCl(Oc11M1h11��dlmsftgaNNkostilOmoLwaSKJtic4mcurfttl4(dtt11roi1pIK99Erowx 35' 36. 37. Trust Deed (Loan) to file, securing Note for$ 100,000.00 as per its terms; further approval of which Is hereby waived through this escrow 38. by Buyer and Seiler, the proceeds of which shall be used to apply on purchase price, to be payable In monthly Installments of $ ah a vid o d , or 39. more, Including Interest at—b0Atdplcevc{i ;4.ng Aa;teA with (eadoh n6 Rruyut"A r-ha ve. RahJioweJ rAt eJ2.0 .r.on 4o. o6.loan documents shale constitute thei& 6uU-appnovat o6 te)tlns and conditions contained th & 41. Trust Deed (Purchase Money) to file, executed by RuyohA hohoiN 42. 43. s6ouring Note for $ 110,000.00 infavorof BARIENBROCK FAMILY TRUST, 44. 45. dated during escrow, due (If straight note) JanuoAy 31, 198 f µnth Interest at 12 percent per annum from -Ju.ey .31, 19k 5 46.(a" Line 79re•endorsinginterest) payable bee beeow at any ptaee,de.61gnated by hotdeA a Principal ' 47. Aeduetion payment 66 $50, 000. 00 and the'accumu.Cated .intetcst 06 $6, 600. 00 shaU be due and 48. payabte JanuaAy 31, 1986 On Januahyl1, 1987 the aeeumutated ,inteAest a6$7,900.00 shale 49. be due and on January 31, 1988 the entice unpaid pxincipat baeance and any and a.CC accAued 60, .CnteAe.6t dhaeC be due and payabt.TheAe shaU be no monthty Oayinent6 and no PREPAYMENT PENALTY. 51, The Note and TAust Deed shaU contain the 6oteowing neeitaez -(i) A .Cate change o6 6% o6 the 52. payment due shaU be changed on any payment not Aece.ived'by 8ene6.ici.any within ten (10) days 53, 06 the due date. (2) Se teeit. agues to Subordinate to d Constnuetion Loan, with SeUeA having' 54. the flight to approve said loan, not to be Aeasonabty withheed. Loan not to exceed the maximum 55, amount o6 $400,000.00 total and with TAurtoA maintaining at least a twenty (20%) pax cent, N, equity at a.CC times in the subject pnopeAty.SeUeA to co-operate .in the secuAing o6 .Goan. (3) 57. The PuAchase Money Note being executed herein .is -subject to Section 2966 o6 the Civa 58, Code o6 the State o6 Cati6onnia, which pnovidcs that the hotdeA o6 this Note shaU give 59.'wAdtten notice to the TAustoA, oA hi,6 successor .in .intact, o6 puzeA,ibed .in6onmati.on 80, at least 60 days and n6t more than 150 days be6one any battoon payment is due.and payabte.(4) 61. Upon Conveyance o6 said pAapeAty by TAustor oA'upon divestment .in any manner o6 his 62' .inteAut therein, a.CC sums seeuAed hexeby shatt .i.mmediateey become due and payabee at 63. the option o6 the hotdeA o6 this Note and T/ust Deed. 04. E,6cAow HotdeA .is heAeby authoitized and ,instructed to obtain and record, at Buyer's 55. expense and bon n the bene6it o6 SeCCer, a Requne6t bon Notice under Section 2924-B Be, C,iv.it Code", .in connection with the PuAchase Money Deed o6 TAust being executed heAein. 67. AU pwt. e,6 agree that this is the oney written agreement between the two panties. as. Se.Uer is seUing and Buya .is buying the subject property .in an "AS IS" Condition, SeUeA eq. makes no wcvtAanties as t0 the condition o6 the subject p&emise6.Buyen .intends to teoA down. ANY POLICY OF TITLE INSURANCE CALLED FOR UNDER THESE INSTRUCTIONS MAY BE ISSUED FOR THE BENEFIT OF ALL PARTIES IN IN. TEREST AND MAY BE PROCURED FROM ANY TITLE COMPANY OPERATING IN THE COUNTY WHERE THE PROPERTY IS LOCATED AND WILL BE SUBJECT TO EXCEPTIONS AND CONDITIONS CONTAINED IN SUCH COMPANY'S REGULAR PRINTED FORM, INCLUDING BUT NOT LIMITED TO AN EXCEPTION THAT SAID POLICY WILL NOT INSURE AGAINST LOSS BY REASON OF THE RESERVATION OR EXCEPTION OF ANY WATER RIGHTS, CLAIMS, OR TITLE TO WATER. 7L142ilYiY.MDir1°!7i ill/iIi ;j;)0dVN.qjayjj It; alone)uleoueleglol%odgoMoAsnsoi •Olt -peaiego do del molbsa s,lelleS pus'polaoid 11 soudinsul dill to '60t lojsuvil'peep ,fwolpoxBleegol X6VClti13•(fQ'zgS3$tolunowedill ulsdwelStiojuewnooOBulpnloul 'tied 6wuodtessoosusluawnoop6ue •Silt BUIlu009i pus ul Bu6Bl'ejudwBpolmogoe Igpelou )o 4200'ePuewap lojpuv ejuowelvis,sapelolleuoq pue Aluowelejs lestio ul Bulpuesiol'eoudinsul 'Lill still lot sa6io4o Bulpnloul I=iol noA Act paunoul sosuedxe pus $061e40 puewop uo Add of oa1Be 1'mo/ose slyj 10 uopewwnsuoo 04110 ssellueeeu 'got ,ploy A941 noA wolul sopololleue0 jeyl lo'maose glyl ul asn lol nOA PGIpue4 oulw to eouelnsul jo4lo pue dill. hue uOlsse'lvelle Aw so 1111m noA got -aouo Is still to 4oleas ulBoq 01 Auedwoo atilt 041 j0nijgul 101. 'j,Ylt• 'ZOt 'lot 'OOl .66 :91 ssoippe dsoym I( )asudol•i s,lwlols '06 at�WN—$)ouolsslwwoOAdd 'maor.Dsl4l toosolosyjlepV -LO Bulmollo) '96 041 pus cluowlgnlpe etwad to uolpod Aw 'suopomjoul 090411opun lot polloo uolilpuoo o41 ul still ooeld of Aiessom seouwgwnoue Aue Add •96 ,spun] Aoueual juror aq Buys morose 9141 ul waiIGJ041 Panpdp •y6 ysea Aug'Aoueuel julor ul play sl pbAOAuw Bulag Aiodoid uegM •suopomisul aso4l iepun ow of slgwsAllep sluowmjsul pus Aouow 941'9dey't 0 •EO $I90u0ssVlp000 piss Bullnobxo sdlied agl to jun000e o4i loj Mama 9141 ul ploy noA poplAoid hanabp lotpue son of pozlolytne die noA 4al4m 'Z6 l6 Agpojnooxo'pogposopAliodolds4l0upono09sepi,pyowplfsVtpeaOluslolljnspuepoo0 •06 e 6ulpnjOul '411m01ayl Aldwoo at ow lol Aiessooeu spunj pue sluownllsul die noA puny Illm 1 'ulao4 t oui-1 uo 1no too step dill of Holud '69 'SNOISIAOud ONV SN011onulSNI ONI003u0d 3H1 AS ONncts 36 0133u0V ONV 3AOuddV A63u3H I V9 u3'113S $8 61. 9 almr slv0 ouogdalol ssappV 9uropV 11 h1/WIIS- immuoBIS W l-$b9 c9ng / P688-199 ,away ouo4ddldl ssolppV 9uropy 'S 9allror dinleuals AS 01033uOV ONV OOOlsu30Nn aUV dipo 'gH ,BSoHhoqa nwiSN NsupnAOLd'SNoie NOO ueod ONIOJ3u0d IH eouX Iipwldns'popuowuv •luowmisul owes oyj pue ouo olnlllsuoo llegs loylo6o) stiodiolunoo p�es pue geulopo us powesp oxo eq'Amillop pue uollnoGil 10 olep•041-1o•OApOodseni'lloys PolnoexO os 4014M 10 4000'sliewolunoo ul poln*oxo oq ew suollotulsul GS941 'jsAnq dill of uayj'eousigwnoue gone ou 810194111 jnq !Aue ll'aoudigwnous kill jo jap104 01'pel)looda diayM'691e0111iba )1b0)B Mjam puv solollod eouelnsul loglo pue sill IIgW 7oAnq oyj 0111941 'o0uwgwnOus Lions ou sl m41111 jnq !ulaa4 djuownoop yjlm Ailuamom popio*di eoueigwnoue lopd dill to loploy dill at aelmla4lo :Allllgep to uoll •nyisgns a bq 0j sI diagl POPIAOI1's0uwgwnouo Bullslxe to loploy of Aollod %1111eyy ;9wp1o0041010u0pm uIpel 6ou sselun'molaq ino lee seto pegslu •lnl sDssoippe Gy1 o101oie41 Pe06ue sollled oyj of paw sselo•lalB �eulpio q sluGwn00p lolpua G%Q940'slede�lle Beal ,Xoo4D 1noA Aq sluawouingslp oJeyj -pioodi 101 po6j we seeded Asp oyj ueow Ile4s „mcuos33 to gigolo„ giuow Aep-OE v to slseq uo suolloioid lolpug OIUaw snipe Ile alvly 'Pe61e4o se Do) moloss s,MAns pue :wI4 ul POIGGA 01111 BulM04s lot I=11 WJ940 s,Auvd woo eBll SxoiosG S141 gig �dwo0 of tied sly u0 Qvsseoou sluewnoop lie pue Aue Bu��ppio0a pus uI Bu6Bj'aluowopolmouxoe lepelou ioj soo;eyo!Aue jl eoudinsul uo acnelo sobs Now 1oj oBMyo!poop Bulpiooadol eodiego twlg of elgeo6ieyo sluowicnfpe ejvioid Bo puewop uoAod aj sadi6g is no 'Buillim ul 1eAns Act polsonba sl gaiees gons sgolun WO1O9e 014146na41 Aiodoid leuodiod to lejsueil to olds 941 iol p ybol 91 sloile4o is goleos ON '4peuo4l pbuiaouo* act at jou dip noA pue 'Alledol pogiosop oAoge ua uoli a igbdde 4014M'moloso sl4l yBnoigl poAonuoo jou A1lddoid loa 10lpue leuodied uo soxal lie'Aousnbullep olojoq pue'Moiose to oplelri0'Add 0t seeille 1Dlles 'm01*De sl4l ul suolloNl6ul us) t 1M 041 ui tot poplAoid Allealljobde sBulgl oqj of psulluso oq lloys loploy maoso so A)Illgell lnoA'Dwgs 041 Buljnoaxe uosiod Aue 10 914611 to AIi0ylno I%Ijuepl 04101 se IOU Imoiose sl4l ul pellsadop luewmjsul Aue to AjIPIIeA1o'uoanoexe to lbuuew'woj at so sseuloaloo lb Aoualoll)ns oil) jet algvll act noA aeye iou'suoaoajsul esoy1411m bouaadwoo 1noA jUGAad tau op A041 PeplAad'ulolay pagjiosop Attodold 041 weouoo owes y6no4l WAS'aBpelmowi lnoA ut411A•m stool io'uoaovsueiUoglo 10 soul) yoxa'ueol'oles Aug Bulpie6a Aped 1s4jlo wiojul 01 wnllel lol ABljgell to uopeB6go ou lopun oq pegs noA mwoso sII41 ul no k uodn posodwl suoj ebllgo io co0np lie pue 6Aus w1o)jod of loypnj suoaeBllgo lie woil pobio4oe p pue poseoidi ABnj eq oloej osdl pays no6 9apeoldMlul ul lens a ollIn0k 1uaAa e4j ul •luoweaBe glgl lopun no4 egingwla pue Alluwopul of pue slyep inoA IOG)oid of moose aly) ul poysodap saiu0w pue selyedad 1ay10 pue seededd pemaose die ul peuBisiapun oyj is yoealo slsdiojul pug ce0j1's14Bi ay) jo Be uodn use d ueAl6 A9diay die noA pue'moiose slgl 0 no bulspa 10 yqm uoaoeuua0 uI uielsna 10 mpul Aew noA Lips) pose u1'yolym'noA Act jyBnaq iepgoldiolul ul Line a BuloBdio� oyj to A111sieUaO sill �u01w6 )noyllm lnq'Bulpnl0ul pue'sebl s,Aewope slgauosedi Bulpnloul'dinlsu iopup! Aug.10 sesuedxa pue gop6lge6'duo0ea6go slubwopnl'sG0 wop's)soo 6e lauleBs pue woe) esalwley noA ploy pue 6tiuwopul of se diem ce'puewep uo Add o) ediBe'AUvlenas pue AOulol'ataa4 se Ilvit IIV'lallluoa gons to uopeulwlelep o )tot sBulpsooad io uo0oe Aue puetap io e0uewwo* 0114 B 1 My{inj dill snail Beys no6 puo'uopaeta0es mo i of ppnlosa sl laatuoa Lions Bjun Ued look uo oldie ie4Pn1 I to Aue anupuo0s11104110 pp of u0poelemoA 1e jy�p elnloe qv a41 GA04 Ilegs noA'Agold4 jw1oe11e i0 ulelo4 pellsadap Aiedad to Aeuow bug lo'ojaey retied bill to 'us to s14611 silt io moose sly! of toadsal 4pm swlolo to spuewop aullolljuoo Aue 10 aemv GwoON 10 GAleadi'Mojoso 61 41 10 00010041 Tolle do diolaq'naA pinoe4S'A83u3H1031O3ddV S911HVd 1�V A9 JNI11uM NI N3AM SS3'1Nn MOu053 SIHl NI 103dd3 ANV d0 3s I i-i SNOIlOnulSNl d0 3E)NVH3 80 ONVW30 '3011ON ON 'pojeoeglodAy uosq lou soy Aollod=ples,1941,pue Bnj-ul-plod.uooq�sey'eploy oil nokswio}ul•(selJtisloOouoq-yolym �amolosa•slyl-upnoA- -. pepusq oq at sosngolo noA spuey oil 4ol4M Aoilod ooumnsul Aue uo wnlwoid Gilt Iagj 9ealuaen0laOGS' v N wait uodi041 'L9 swnlwwdojeladPUS --- 3S 1 o'y a, qpq seumowlsoslwwduolosnogepsgpOGop •00 Alledold uo loyllo pelenjls s6ulpllnq uo sploy oil nbA swlojul Alelolloues je4L10 'poljlwgns we so solollod eouwnsul Bans 1oAnq 1ol ldeooV gg •Aialuoo silt 0t Builpm ul noA slowjsul 04 ssolun'moioso slyl to osolo eyl of loid drip -to 119) 014M slue 1191001100 HIM Mlles 1e41 luoujolvis luoi pigs to olseq uo lepisuoo 01 die noA elulua poloollooun lol leAnq Isuleae luewisnlpv 'E9 oucniewlnq VOU olibAngAgPGAoiddepuelolleeAqpo4slwn)juawole)stoslsequosloluadlvio)d 'eq —p70T/J9Z'�D—a9OaJ"o110.DWG-0W�sY7JSglpl910R9dA411DDN413IQ1C pkR'MOMsesiUl46no141ps6sA-to .uoo jou Aliedoid leuosiad uo soxel ldom lllq xel uo Bupdedde swell lie Bulpnloul'uolGeossod inoA ul san6O xet Iselel uo poseq'sexel sldioid '00 7(dplf 9 p 7( p77:atcoloulosluawediopueAgseoudigwoousmouuolsasjuljcnlpV 'U Jmou atpi000ilosoouelcjwnouduojsaialullsnlpV -9L •uollolpspnf luolodwoo to tinoo a to lopio 10 cledjouid 94110 'LL juewediae 6ulpuod maoso sl4l ul sluowrllsul pue Asuour6e ploy at'polo011go jou Inq'pozio4lne eta n0A'pollt eq Iloilo uolloofgo uslltim 4onv •91 ley! IUGAO eye ul •GOOM40 udllg6Gouso MoA 10 luew6ed uodn puewep pue 900ou yonD 411m Aldwoo 0t pezioylnv did noA lolleae4l 'sAepjlo4 19L 10001 pus sAopunS to 0Alsnjoxd'9A9p eAll ul4llm ledlouid loglo yonD Aq Gallia 1noA ul pslli oq 11040 0101041 uoiioofgo usliim scslun vldiey Pelvis •Lit ssappe slit Is jedloulid loylo ayl 0t Builpm yonD to Ado* sus Bvw Alldwold 11040 noA 'aleolldnp ul 'Builpm ul 'solljo 1noA y0m usllellsbuso '01 lot puewep pug Gallon 011111849 M01099 G141 to uoiellcouso to 14011 osloioxo 01 Bulwlelo iapunaay jedloupd 1e4113 •11 sleldwoo of jou noA 'LL uodn spew LIMq DAa4 lidos puewop uollllm Dselun'gllm pdadwoo udaq 904'0011o1 es ldem Isuo6lpum 041 so uoos se manse oyl aleldwoo of •jL 9991040GAOU die noA'loaD4l uolsualxe Aug lo't oul•i uo Ina led step Gilt at lopd yllm pelldwoo uooq jou OA14 Ma*69 2141 t0 suo01puo0 94111 'OL 0 N 5v1/))4 A A 0