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HomeMy WebLinkAboutPC132-92*NEW FILE*
PC132=92
COMMISSIONERS
February, 20, 1992
MINUTES
Motion
Ayes
Absent
Request to approve an off -site parldng proposal so as to provide
required off-street parking on an adjoining parcel' in conjunction
with alterations and additions to anexisting office building located:
in the "Retail and Service Commercial" area of the Mariner's Mile
Specific Plan Area.
LACATION: Building Site: A portion of Lot A, Tract No.
919; Off -Site Parking Site: Parcel 3 of Parcel
Map No. 256-46 (Resubdivision No. 926)
located at 2436 West Coast Highway, on the
northerly side of West Coast Highway,
easterly of Tustin Avenue, in the Mariner's
Mile Specific Plan Area.
SP-5 - —
C: Waterfront Homes Realty, Newport Beach
Same as applicant
Gil Forrester, applicant, appeared before the Planning
mission, and he concurred with the findings and conditions in
)it "A".
was made and voted on to approve Off -Site Parking
l according to the findings and conditions in Exhibit "A".
N CARRIED.
That the off -site parking location is located so as to be
useful in conjunction with the proposed use or uses on the
building site.
That the use of the off -site parking location in this case will
not create undue traffic hazards in the surrounding area.
12
Item 2
off -site
Parking
Proposal
COMMISSIONERS
RA
�T- i February 20, 1992
i
That the off -site parking location and the building site are
in the same ownership, and the owner or owners are
entitled to the immediate possession and use thereof for
parking purposes.
The owner or owners, upon the approval of City Council,
intend to execute a written instrument or instruments,
approved as to form and content by the City Attorney,
providing for the common ownership of the building site
(Parcel 1) and the off -site parking location (Parcel 2) as well
as the maintenance of eight (8) off-street parking spaces on
the off -site Farling location for -the duration of the office
uses on Parcel 1.
That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
development. —
That prior to the issuance of building permits, the owner or
owners, upon the approval of City Council, shall record a
covenant, approved as to form and' content by the City
Attorney, which shall: guarantee that Parcel 1 and Parcel 2
remain in the same ownership and as one building site and
that a minimum of eight (8) off-street parking spaces shall
be provided on Parcel 2 for the benefit of Parcel 1
throughout the duration of the office uses on Parcel 1.
Should a change in use or additional use be proposed, the
off-street parking, regulation applicable at the time shall
apply. Such covenant shall be recorded in the office of the
County Recorder and copies thereof filed with the Planning
Department.
-7-
MINUTES
INDEX
COMMISSIONERS
DRAFT
1 AF
February 20, 1992
MINUTES
2. Prior to the issuance of building permits, the, applicant shall
obtain the City Councils approval of this off -site parking
proposal, as required by Section 20.30.035 D of the
Municipal Code.
3. Prior to the issu ace of building permits the applicant shall
obtain Coastal Commission approval of the proposed
addition to the existing office building.
4. That all improvements be constructed as required by
Ordinance and the Public Works Department
5. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to farther review
by the Traffic Engineer.
6. That the driveway between the existing parking lot and the
off-site.parking lot be a miiiaam of 24' wide and be paved
with asphalt over aggregate base per City standards.
quest to amend a previously approved use permit that permitted
expansion of an existing restaurant now known as the
rehouse Restaurant which included on -sale alcoholic beverages,
icing and live entertainment in the C-1-H District. The proposal
des a request to add .12 billiard tables to the existing
tau t facility which will be located within the existing "net
Mic area the restaurant. The proposal also includes a request
allow the sec o floor of the restaurant to be used for billiards
ring the day, where he existing use permit prohibits the use of
second floor during t day, Monday through Friday. A 9
mth review of the existing re rant operation is also -included,
required by the Planning Co n.
INDEX
Item No - 3
UP1711A
11
City Council Meeting March 9. 1992
Agenda Item No. �-? W
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: off -Site Parinng Proposal
Request to approve an off -site parldng proposal so as to provide
required off-street parking on an adjoining parcel in conjunction with
alterations and, additions to an existing office building located in the
"Retail and Service Commercial" area of the Mariner's Mile Specific
Plan Area.
LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off Site Parking
Site: Parcel 3 of Parcel Map No. 256-46 (Resubdivision No. 926)
located at 2436 West Coast Highway, on the northerly side of, West
Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile
Specific Plan Area.
ZONE: SP-5
APPLICANT: Waterfront Homes Realty, Newport Beach
OWNER: Same as applicant
Apnli, cation
This applicationinvolvesa request to approve an off -site parking proposal so as to provide
required off-street parking on an' adjoining parcel in conjunction with alterations and
additions to an existing office building located in the "Retail and Service Commercial" area
of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section
20.30.035 D of the Municipal Code.
Suggested Action
If desired, approve the off -site parking proposal with the findingsrecommended by the
Planning Commission contained in Exhibit "A" of the February 20, 1992 Planning
Commission staff report.
LM
TO:
City Council - 2.
Planning Commission Recommendation
At its meeting of February 20, 1992, the Planning Commission voted (6 Ayes, 1 Absent) to
recommend the approval of the subject off -site -parking proposal to the City Council. Copies
of the Planning -Commission staff report and an excerpt of the Draft Planning Commission
minutes are attached for the Council's information.
Respectfully Submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER,. Director
i�i0li �l r
i .r
Senior Planner
Attachments: (For City Council Only)
Planning Commission Staff Report with Attachments,
dated February 20, 1992
Excerpt of the Draft Planning Commission Minutes,
dated February 20, 1992
Site Plan, Elevation, Floor Plans and Section
Hill_w\UP\WTM, 0P
Planning Commission Meeting FebruaU 20 1992
E.-
6
Agenda, Item, No. 2
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department,
SUBJECT'. off -Site Parkins Proe^sal (Disouscionl
Request to apprc a an off -site parking proposal so as to provide
required off-street -)arking on an adjoining parcel in conjunction with.
alterations and additions to an existing office building located in the
"Retail and Service Commerciar' area of the Mariner's Mile Specific
Plan Area.
LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off -Site Parking
Site: Parcel 3 of Parcel Map No. 25646 (Resubdivision No. 926)
located at 2436 West Coast Highway, on the northerly side of West
Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile
Specific Plan Area.
ZONE: SP-5
APPLICANT_ Waterfront Homes Realty, Newport Beach
OWNER: Same as applicant
A��l, i-.—carton
This application involves a request to approve an off -site parking proposal so as to provide
ining parcel in conjunction with alterations and
required off-street parking on an adjo
additions to an existing office building located in the "Retail and Service Commercial" ,area
of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section
20.30.035 D of the Municipal Code.
F viromnental Sienificance
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1(Existing
Facilities).
,s ,
TO: Planning Commission - 2.
formanc pith the General Plan and
nrai . nagtal Program Land Use Plan
cal Coastal
am
The Land "use Retail and Service Commercial" uses. The suband the, ject projects a permit ed use within
site for R
this designation. The Land Use Element lip es also, established flexible floor area aratio use
(F.A.R )
throughout the City. These "area" Pa Based on such policy, the Base
development limit of 0.5/0.75 for the subepiOsP6 ,750 square feet (13,500 sgft. x 0.5 =
Development Allocation of the subject property
6,750 sgft.) The existing structure and proposed addition will maintain an F.A.R. of 0.392
(5,297 sgft 1 13,500 sgft. = 0.392 FAR), which conforms to the Base Development
Allocation for the site.
Sub��c7 Properties and unoundine I.an���
The subject property is comprised of two parcels of land, one of which fronts upon West
Coast Highway (Parcel 1) and s developed with a locate square foot office building, and
the second (Parcel 2), which is a land locked parcel located directly containing
aapprent roximately 22
of Parcel 1 and which is improved as a paved p area containing PP
hed as
parking spaces. It should also be noted that the Co a parking
on val of wasubd viestabsionNo.
a single parcel in conjunction with the Planning
926. Inasmuch as it was approved as a land locked parcel, the Planning Commission
ent
hq site unless
t is combined by
imposed a condition which prohibits any d a ee°p frontington West Coa�t1Highw y To the
means of a parcel map, with an adjoining'p P rty
northis the access
on Cliff Drive vat the top of the bluff, to the Matinees tothe east, is a boal at storage and ePai�Y d+
beyond, wa is the Mariner's Mile Marine Center; and to the
to the south, across West Coast High Y.
west is the Sonship Christian Book Store.
(�na1VSiS
ached plans, the applicant is proposing to expand the existing office
As shown on the att
buildingspaces.
the on Parcel I enclosure
will include 9765 square feet and will increasean ex histing covered parking area Which enet floor a ea of
spa
the building to 3,986 square feet.
x ° it and Proposed Off -Street P rldn
Based on the current commercial parking requirement of one parking space for 250 square
feet of floor area, the subject building, with the proposed addition, will require 16 parking
spaces. Inasmuch as there will only be 8 parking spaces remaining on the building site, the
1 The existing gross floor area shown on the attached plans is incorrect inasmuch as
exterior stairs and balcony were included by the applicant in the gross floor area calculation
.41
i
TO: Planning Commission - 3.
red,
spaces) on an
applicant parcel which is alto so owned by the rovide the remainder
ppl ca tthAs mdilca ed previously and as shown
adjoining p
on the attached plans, the off -site parking area will contain 22 parking spaces which is more
than sufficient to satisfy the applicant's parking requirement in this case.
on is in the same
It should also
be noted he buildin site, a formal off -site parking ainasmuch as the off-sitegreementlwill not be required. To
ownership as t g the applicant will be required to
insure the continued availability of the off -site quire t, PP
record a covenant against Parcel 2 which will require the progeny, to remain n the same
durationownership
the office, and
dithat
ng t •e on P.arcsite aelmi tain a mum of 8 parking spaces for the
Re•,,,;�P�d Findines
In accordance with Section 20.30.035 D of the NewportCocl3ile hall Municipal roVedoff_ssite Parking
Commission shall not recommend and the City
b 'ldn site or sites unless:
n a separate lot from the ui g
(c)
(d)
Such lot is so located as to be useful in conjunction with the proposed use or
uses on the building site or sites.
Parking on such lot will not create undue traffic hazards in the surrounding
area. - - -- Such lot and the building site are in the same ownership, or the owners.of the
mmon ownership
building sites have a coin such lot, and the owner or owners
are entitled to the immediate possession and use thereof (ownership of the
off-site'lot must be ownership in fee of a leasehold adequate to serve all proposed uses on ht e building interest or s tes) a duration
The owner or owners and the City, upon the
approval
to form and content execute he
a written instrument or instruments, approved
City Attorney, providing for the maintenance of the required off-street parking
on such lot for the duration of the proposed use or uses on the building site
or sites. Should a change in use or additional use be proposed, the off-street
parking regulation applicable at the time sball apply. Such instruments shall
be recorded in the office of the County Recorder and copies thereof filed with
the Planning Department.
Inasmuch as he parking proposal is not a formal parking agreement, item (c) and (d) above
will be satisfied by the recordation of a covenant as mentioned above.
Staff has no objections to this proposal inasmuch as the off -site parking area has direct
vehicular and pedestrian access to the building site, and its use will minimize any pedestrian
and traffic safety concerns normally associated with off -site parking.
"% I
TO: Planning Commission - 4.
Should the Planning Commission wish to approve this off -site parking proposal, the findings
and conditions, of approval set forth in the attached Exhibit "A" are suggested. Staff has not
included an exhibit for denial inasmuch as all of the necessary findings can be reasonably
be made in this case and the related construction conforms with the requirements of the
General Plan, Local, Coastal Program and the Zoning
meeting winch may provide there
be
additional information presented at the Planning
grounds for denial of the application.
PLANNING DEPARTMENT
JAMF.S D. HEWICKER, Director
w
W, William Ward
Senior Planner
Attachments: Exhibit "A"
Vicinity Map
Site Plan, Elevation, Floor Plans and Section
0
KI
i
a
4 41
' TO: Planning Commission - 5.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
OFF.SIffl PARKING PROPOSAL INVOLVING PROPERTY AT
0 2436 WEST COAST HIGHWAY
EWd1:_nzL
1•use eon
off -site Parking
location
is locatedso as to be useful in
proposed conjunction with the
2. That the use of the off -site parking location in this case wil not create undue traffic
hazards in the surrounding area.
3• That the off -site parking location and the building site are in the same ownership,
and the owner or owners are entitled to the immediate possession and use thereof
for parking purposes.
4• The owner or owners, upon the approval ed as to form and content by the City Attorney,
instrument or instruments, wn
providing for We common ownership of the building site (Parcel 1) and the off-site
parking location (Parcel 2) as well as the maintenance of eight (8) off-street parking
spaces on the off -site parking location for the duration of the officeuseson Parcel
5• That the design of the proposed improvements will not conflict with any -easements
acquired by the public at large for access through or use of property within the
proposed development.
1• That prior to the issuance of building permits, the owner or owners, upon the
approval of the City Council, shall record a covenant, approved as to form and
content by the City Attorney, which shall: guarantee, that Parcel 1 and Parcel 2
remain in the same ownership and as one building site and that a minimum of eight
(8) off-street parking spaces shall be provided on Parcel 2 for the benefit of Parcel
1 throughout the duration of the office uses on Parcel 1. Should a change in use or
additional use be proposed, the off-street parking regulation applicable at the time
y . shall apply. Such covenant shall be recorded in the Office of the County Recorder
and copies thereof filed with the Planning Department.
2• Prior to the issuance of building permits, the applicant shall obtain the City Council's
approval of this off -site parking proposal, as required by Section 20.30.035 D of the
Municipal Code.
'7
TO.,
�3.
4.
5.
6.
C
Planning Commission - 6.
Prior to the issuance of building permits, the applicant shall obtain Coastal
ed addition to the existing offic
Commission, approval of the propose building.
That all improvements be constructed as required. by Ordinance and the Public
Works Department.
That the osite parking, vehicular circulation and pedestrian circulation systems be
n
subject to further review by the City Traffic Engineer.
That the driveway between the existing parking lot and the off -site parking lot shall
maintain a minimum.width of 24 feet, and be paved with asphalt over aggregate base
per City standards.
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APPLICANT OR SUCH PERMIT TO PILE A SIGNED STATEMENT THAT
EXEMPTION, YOU SHOULD BECOME SUB TXE WOp K¢RE'
MgISLICENSEDFVq$UANT TO THE PROV1910N SIT TH E CONTRACTOn'S
COMPENSATION PROVISIONS Op TMG CODA, VOU MUST RORTH-
LICGN9G LAW (CHAPTER 5 (COMMENCING WITH SECTION )08p1 OR
WIT„ COMPLY WITH SUCH PROVISIONS ON THIS PERMIT HALL D G
DIVISION S OF THE UU$ING44 AND Pp OPESSIONG COOLI On THAT HG
08GMED REVOKED.
IS EXEMPTTHERERROMAND THC GA9I5PORTHGALLUGHO CX¢MPTION.
ANY VIOLATION OR SUCTION 1O11.3 DY ANY APPLICANT FOR A PERMIT
CONSTRUCTION LENDING AGENCY
SU.1.CT4 THE APPLICAN TO A CIVIL PENALTY OF NOT MORE THAN
RIVE HUMOR¢D GOLLARS TS9001.(:
I HEp EOY ppRlnM TNpT TNeRE IS q CONfiTRV CTION LENDING AGENCY
1, q5 OWNCq OFTHE PROPERTY, OR MY EMPLOYEES WITH WAGES
FOR TNe PERPORMAN CCOP TXE WORK POR WHICH THIS PERMIT 18
I5EU". (SEC. S83), CIV...(.
A8 THEIR SOLE COMPENSATION, WILL 00 THE WO K, ANO TXE STnV C-
TURE IS NOT INTENDED OR OPPEBEp FOR SALE �9 gC. ]O.IJ, GU81H¢59
LENDER'S NAME
AN. PROF.S.J.N5 CORGI THQ CONTRACTOR'S LICENSE LAW D9..
NOT APPLY TO AN OWNER OF PROPERTY WHO BUILD$ OR IMPROVES
LBND¢R'S COOP E48
,IN .... M, AND WMO OOGL SUCH WORK HIMSELF OR THgOUGN MIS
OWN EMPNDEDLOYEES. PROVIDED TNgT 9VCH IMPROVEMENTS AMC NOT
OR ORP QREO NOR SALE. IP, HGWUVMR, THEOUILDINO
I CERTIFY THAT I HAVE READ THIS APPLICATION AN. STATE THAT
OR
OR SMPnO
IMPq OV GM ¢NT 15 SOLD WITHIN ONE YEAR OR COMPLETION, THE
TNg ABOVE INFORMATION Is CORRCCT. I AGRUM TO COMPLY WITH
WILL NAYS TMe D.R.G. OR Pp OV�NG THAT NE 0"'
ALL CITY AND COUNTY OppINANCE4 AND STATE LAWS RELATING TO
NOT BUILD OR I
NOT BUILD OR IMPnOV¢ FOR THE PURPOSE OF SALE..
OUIL.IN. CON$TP UCTION. ANB H... OY AUTHORIZE RCPRESENTA•
TIVES OF THIS COUNTY TO ENTER UPON THE pDOV B•MGNTION80
1, q5 OWN6q OR THE PROPGflTY. AM EXCLUSIVELY CONTRACTING
PROPERTY FOR INPURR
PPOSES.
WITH LICENSCO CONTRACTOR$ TO CONSTRUCT THE PROJECT (SEC.
TON, BUSINESS AND PROFESSIONS CODE. THE CONTRACTOR'S LICENSE
LAW GOES NOT APPLY TO AN OWNER OF PROPERTY WHO 00IL.8 OR
SIGNATURE OF PERMiTTG6 Al.O
IMPROVES THCRGON. AND WHO CONTRACTS FOR 6VCM PROJECTS WIT
A CO NTRACT.R(.1 LICENSED PURSUANT TO THE CONTRACTOR'S
ESTIMINAL
LICE
I ENSE LwW (
VALUATION 5✓3,?.p�a' VALUATION 5 +-V+Op.p
1 AM EXEMPT UNDER SEC. , ..&P... POR THIS REASON
PLAN THER
PERMIT Zo
CHK. FEE S FEES S Q
FEE 5 �����
vwie owryeR
ADJUSTED TOTAL
P.C. FEE S C II Bw LANCE
DUE S
WORK MUST RR 9TADIRin wl,•vlM n
NULL AND VOID. -""" "'--'-'--. -'--'-^"" -_ .n.-.R.. DG.._nn G
PLAN CHECK VALIDATION DR. M.D. Cw9„ PERMIT VALIDATION CK. M... CAS„
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�- COMM&RCIAWINDUSTRIAL ZONING CORRECTIONS
Telephone: (7141 644-3200 Plan Check No:
By:Genia Garcia, Associate Planner
By:Marc Myers, Assistant Planner
Date: > ���Addres
By:Christy Teague, Assistant Planner
Corrections Required: D�TJ�n/Jr�n�// fm ep � 6-�KP Ga
Legal Description: Lot &rC � Block Section Tract Imo_
Resubdivision required to combine lots or portions of lots when construction or
alterations are in excess of $5,000.
'11
Covenant required. Please have owner's signature notarized on the attached
document and return to me.
Lot Size
Zone
Proposed Use n�/6�S Ph �J
Required Setbacks o�4�F/ 2-> '��r���
Front
Rear
Right Side
Left Side
FAR WORKSHEET �a2
Lot area (site area sq.ft.): sq.ft.
Base Development Allocation (BDA): Comm sq.ft.
[0.5 x site area sq.ft.] unless specified in Land Use Element
FAR permitted, without variance: (A) Comm res oka
Square footage permitted: Comm res nkg sq.ft.
[ (A) x site area sq. ft. ]
aximum FAR allowed with variance: (B) Comm res oka
aximum a r ootage allowed: Comm res-sq ftT"�"�'
E(B) x s e
..�PRO� E OPMENT• � �¢A/ o-0
(C) Base FAR use sq.ft. sq.ft.
(D) Reduced FAR use sq.ft. sq.ft.
(E) Maximum FAR use sq.ft. sq.ft.
(F) TOTAL SQ.FT. [C+D+E] (O/y sq.ft.
PROPOSED FAR:_ [ F + site area sq.ft. ]
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category Weighting Factor Weighted Sq.Ft.
(G1 (H) ( G x H 1
sq.ft. Base x 1.00 sq.ft.
sq.ft. Reduced X 1.67 sq.&
sq.ft. Maximum X 0.50 sq.ft.
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
Provide tissue overlay of calculations to verify provided square footage.
Required Parking
Proposed parking (Indicate number of stalls provided)
Total On -Site Parking lb
Standard Compact
In -lieu Parking
i
Dimension building height as jneasured from natural grade to average and maximum
K4roof height / L)
'Y 466 �ih5 . �i1
Show natural grade line on all elevations
Show all rooftop mechanical equipment and d� itnension from grade directly below.
at Z«n Fyz.. ma S &(L St p44h► Indicate location of trash containers on site plan.
Number of Stories
IAIV Floor Plan fully dimensioned showing all room uses.
S&� s)s, YeW
_ Plot Plan fully dimensioned showinglocation offal} buildings,nc�gy a c. in
relation to the property line.G [%/(/IiJ�Ns/oN5 �%KO �/✓��
( ]�/ Fair Share Contribution
Y d"
San Joaquin Hills Transportation Corridor Fee
SPECIAL APPROVAL REQUIRED THROUGH:
Modifications Committee
Planning Commission:
Use Permit
Variance
Resubdivision/Tract
Site Plan Review
Amendme t
Other
Public fjc r/ke.-
-� Easement/Encroachment Permit"
Subdivision Engineep "G
Traffic Engineer �+'I
Approval of Landscape lans
Building Department:
Grading Engineer
\ arks Department:
.09 Approval of Landscape Plans
Waiver/Exemption
REMARKS:
Permit
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.
FORMS\COMM-ZON.COR
-1�
. A-grer-Ment—
3 Coastal Co ' si
Improvements
5. Circulation
6. Driveway
CONDITIONS OF APPROVAL
2436 W. Coast Highway
P.C. #132-92
Offsite Parking Proposal
DEPT
Planning,
City Attorney
City Council
Planning
Public Works
Traffic
_yYfflM
Prior to issuance of building permits
Approved
Submit 3 sets f � ✓
Plans Approval
Plans Approval`
- T. - - - A ---------�
To: Building Department No Activity:
In Plan Check: ./
From: Planning Department Active Bldg Permit:
Public Works Notified:
Re: Hold on Building Permit Final Plan Checker Notified:
Address ou746 IU ©�T ��wy Plan Check No._ /.3,;241�
Planning Department Comments PRIOR TO RELEASE Of Building Permit Final:
[ J Park Dedic tion Fee in the Amount of $ is DUE.
[ ] Fairshare F e in the Amount of $ is DUE.
[ ] S.J.H.T.C. Fee in the Amount of $ is DUE.
[ ] Coastal Commission Approval of Resubdivision 'Must Be Obtained.
[ ] Parcel Map Recordation: Resubdivision No. Record date
[ ] Use Permit Conditions of Approval: Use Permit No.
Condition(i) No.
[ ] After recordation of the map a building permit change must be processed with
the Building and Planning . Departmer tis,-._RIOR TO FINAL OF THE
BUILDING PER —MIT. to change- the description of the permit to reflect
condominium construction, the fee is nominal and payable at the time of the
change. Proof of payment of the above mentioned fees may be required at
that time if not collected at issuance of the original building or grading
permits.
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
RMA\0RA\\ March 9, 1992
HIGHWAY, BETWEEN NEWPORT BOULEVARD
AND SUPERIOR AVENUE. UPPER
CAMPUS: 301 NEWPORT BOULEVARD, ON
THE SOUTHWESTERLY CORNER OF
HOSPITAL ROAD AND NEWPORT
BOULEVARD (PLANNING COMMISSION
AMENDMENT NO. 744);
AND
PROPOSED ORDINANCE NO. 92-4,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
APPROVING DEVELOPMENT AGREEMENT
NO. 5 FOR THE HOAG HOSPITAL MASTER
BETWEEN THE CITY OF NEWPORT
CH AND HOAG MEMORIAL HOSPITAL
P SBYTERIAN. [Report from the
P1 nning Department)
Pass to s cond reading on March 23,
1992 -
(c) Remov from the Consent Calendar
(refer to 'agenda item 6.2 for
Council action).
2. RESOLUTIONS FO ADOPTION:
(a) Resoluti ` No. 92-21 authorizing
the format' n of the Newport Beach
Public Faci ities Corporation and
approving th terms of its charter
for the NEW LIBRARY. (Report
from the Fine ce Director)
3. CONTRACTS/AGREEMENTS.
(a) Approva Cooperat ve Agreement with
the Sanitation Di tricts of Orange
County for a WA CONSERVATION
PROJECT to provide low flow head
retrofit program for HYATT
NEWPORTER HOTEL. [R ort from the
Utilities Department .
(b) AG
HOSPITAL TAL for rove Agreement th O
SAT AND YOF
SURPLUS GAS from t City's
Tidelands Oil Field.,jRe ort from
the Utilities -DeparYment
4. COMMONICATIONSS For refer 1 as
indicated:
NONE.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the recor s:
NONE.
6. CLAIMS FOR DAMAGES - For denial an
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Russell Abeyratne, alleging
personal injuries, etc., as a
result of traffic accident on
November 12, 1991 at 17th
Street/West Cliff Drive/
Irvine Avenue.
Volume 46 - Page 65
MINUTES
PCA 744
Ord 92-4
Hoag Hsptl
Mstr Pln
(94)
Library
Res 92-21
(50)
O/C SD/
Hyatt Nwptr
Hotel/Wtr
Cnsrvtn
C-2898
(38)
Hoag Hsptl
Surplus
Gas Sale
c-2493
(38)
CITY OF NEWPORT BEACH
MINUTES
COUNCIL MEMBERS
March 9, 1992
7
9.
(b) Quentin Beverly, alleging he was
mauled by City police dog, beaten
by police officers, falsely
arrested, etc., on August 18,
1991.
(c) Darcy Brewer, alleging vehicle
towed in error; seeking
reimbursement of parking tickets,
towing charges, etc.
(di world g iR. n frontf, of alleging
crew
home
installing new sidewalk damaged
(e) Ma Bell Johnson, alleging
pe onal injuries as result of
tri and fall on February 3, 1992
at 0\Blh'e
Senior Center.
9
(£) Glorlanaro, alleging personal
injuast a result of fall on
cemelkway to beach area on
NoveOf1991 near Inspiration
Poin
(g) Juliikel atter alleging damage
to veh cle some time in
Febr, 19 , as a result of
overy?fro construction on
NewpBoulava d Bridge.
(h) FritWilliams a leging personal
injus as a res t of trip and
faller water me er box on the
side'at 224 Via Lido Nord on
Augu22, 1991.(I) Robe6, Eleanor ates for
propy damage by Raymo Electric
workto brick ar while
installing light post be Ind 128
Via Havre, on August 8, 1 1.
SUMMONS AND COMPLAINTS - For denia and
confirmation of the City C1 k's
referral to the claims adjuster:
None.
REQUEST TO APPROVE/FILL•z PEBSONNiL
VACANCIES: (Report from the City
Manager)
(a) One Refuse worker I,General
Services Department, Refuse
Division,
STAFF AND COMMISSION REPORTS -
For Council information and approval -
(a) Report from the Planning
Department regarding a request to
approve an off=silts parking
_pXOPDA►>_so as to provide'required
off-street parking on an adjoining
parcel in conjunction with
alterations and additions to an
existing office building located
in the "Retail and Sorvice
Volume 46 - Page 66
Beverly
Dimancheff
.,vuusOn
Stikeleath- I
er
Williams
Yates
1(66)
Planning
(68)
CITY OF NEWPORT BEACH
MINUTES
March 9, 1992
Commercial" area of the MARINERS
MILE SPECIFIC PLAN AREA. Off -Site
Parking Site located at 2436 West
Coast Highway, on the northerly
side of West Coast Highway,
easterly of Tustin Avenue, in the
Mariner's Mile Specific Plan Area.
(b) Report from the General Services U5
Director recommending approval of (44)
the SALE OF T90 SURPLUS 1988
POLICE VEHICLES to the governor of
Baja California at a price of
$2,507.50 per vehicle.
(c) Report from the General Services
Director regarding the "ADOPT -A -
BEACH" PROGRAM.
(d Removed from;the Consent Calendar
(refer to agenda item G.1 for
Council action).
i
For C oil information and filing:
(a) R ort to I the City Manager
re rding ACTIONS TAKEN BY THE
P ING COMMISSION ON
FEB ARY 20, 1992.
10. PUBLIC G SCHEDULING:
i
None.
11. ACCEPTANCE OF ORT PIER AND RAT CA
PIER REPAIR; ORT PIER BENCH AND
HANDRAIL REPIAC (C-2805) • Accept
the work; author a the City Clerk to
file a Notice f Completion; and
authorize the City lerk to release the
bonds 35 days s aft r the Notice of
Completion has be n recorded in
accordance with appli able portions of
the Civil Code. [Repor from the Public
Works Director]
12. ACCEPTANCE OF J OREE ROAD
REBABILITATION FROM BACK Y DRIVE TO
FORD ROAD (C-2798) - Acce t the work;
authorize the City Clerk to file a
Notice of Completion; and au orize the
City Clerk to release the jtori s 35 days
after the Notice of Completion as been
recorded in accordance with alp licable
portions of, ther"Civjl Code. Report
from the Public Works Director)
13. TRACT NO. 14186 - Approvo the
improvement plans and specification and
accept the public 3mproveme is
constructed in conjunction with Tr t
No. 14186 located at 2101 15th Stree
on the southeasterly corner of 15t
Street and Irvine Avenue, in Cliff
Haven; authorize the City Clerk to
release the Faithful Performance Bond
(Bond No. 1209671); and authorize the
City Clerk to release the Labor and
Materials Bond (Bond No. 1209671) in six
months provided no claims have been
filed. (Report from the Public Works
Director)
Volume 46 - Page 67
(44)
Rpr
Rplcm
(38)
M
Rd
CITY OF NEWPORT BEACH
MINUTES
March
9, 1992
IN➢EX
4.
ENCROACHMENT AGREEMENT FOR CONSTRUCTION
Encroachm/
AND MAINTENANCE OF PRIVATE IMPROVEMENTS
2103 Bay -
WITHIN THE BAYSIDE DRIVE RIGHT-OF-WAY
side Dr
ADJACENT TO 2103 RAYSIDE DRIVE - Approve
(65)
an Encroachment Agreement permitting the
construction of decorative concrete,
concrete pavers and brick pavers within
the Bayside Drive parkway adjacent to
2103 Bayside Drive, authorize the Mayor
nd the City Clerk to execute the
reement; and direct the City Clerk to
h ve; the agreement recorded with the
Or nge County Recorder. [Report from
th Public Works Director]
15.
ENCR ACBMENT AGREEMENT FOR NONSTANDARD
Encroachm/
Iffi'R !IIffiiTS AT 2812 a 2816 CLIFF DRIVE
2812/2816
- Ap ova a nonstandard encroachment
Cliff Dr
agree at for maintenance and
(65)
replac ant responsibility of certain
9
nonstan and sewer improvements for
service o the subject addresses; and
authoriz the Mayor and City Clerk to
execute t e agreement and record with
the Orang County Recorder. [Report
from the U litieS Department]
16.
HARBOR P APPLICATION 124-3400 BY
Harbor
DUNCAN NO OSH - Uphold staff's
Permit Apl
recommeadati to approve request to
124-3400
temporarily re se the commercial docks
(51)
bayward of Li b Village at 3366 Via
Lido, subject t conditions in the staff
report. [Rep rt from the Marine
Department]
17.
ORANGE coum' T - Uphold staff s
/C Taxi
recommendation to approve request to
(27)
replace three taxi bs. [Report from
the Revenue Manager finance Department]
18.
SOUTH COAST CAB - Uphold staff's
SoCst Cab
recommendation to op ove request to
(27)
replace six and increas three taxicabs.
[Report from the Revenue anager/Finance
Department]
19.
SPECIAL EVENTS APPLICAT ON - Uphold
Special
staff's recommendation to approve
ents Apl
Application No. 92-048 - Du an McIntosh
Co., Inc., street closure r the 19th7)
Annual Boat Show, Lido Mary a Village,
Via Oporto, April 22 - 28 "Ap 1 30 -May
[92-048
i
3, 1992; all day, subject to onditions
f
listed in report. [Report
tthg.aataff
from Revenue Manager/Finance De rtment]
r
20.
BUDGET AMENDMENTS - For approval
i
BA-041, $14,000 - Decrease in
r
Unappropriated Surplus and increa a in
Budget Appropriations to provide for,
loan of funds to the Newport B ach
Aquatic Booster Club; Parks, Beaches nd
Recreation Fund.
BA-042, $500 - Increase in Estimate
PB&R '
Revenue and Budget Appropriations t
(62) F'
accept donation from the Exchange Club
F
of Newport Harbor for purchase of tee
shirts to be given to the senior
citizens at the Annual Health Fair;
Parks, Beaches and Recreation Fund.
[Report from the Parks, Beaches and
Recreation Director]
Volume 46 - Page 68
I
'1
c
c
i
1
RECORDED IN OFFICIAL RE00R08
OF ORANGE COUNTY, CALIFORNIA
-1035 AM MAR 18'92
a- V4W,* RECOR061
RECORDING REQUESTED BY:
AND RETURN TO: CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
P.Q BOX 1768
NEWPORT BEACH, CALIFORNIA 02659.1768
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, Gilbert Foarsfer ( "Owner") is the Owner of real property commonly known
as 2436 West Coast Highway in the City of Newport Beach, County of Orange, State of California
( the "Property"), which is legally described as follows:
PARCEL 1.
Portion of Lot A, Tract No. 919 known as Waterfront Realty as shown on a map recorded
In Book 29, pages 31, 32, 33 and 34 of Miscellaneous Maps, Records of Orange County,
California.
PARCEL 2:
Parcel 3 of Parcel Map 907173 in the City of Newport Beach, County of Orange, State of
California, as filed in Book;,256, pages 25 and 26 in the Office of the County Recorder of
said County,
WHEREAS, Owner has applied for, and obtained from the City of Newport.Beach
approval of an off-site,parking arrangement so as to permit the construction of
additional office development on Parcel 1; and
WHEREAVib accordance with Section 20,30,035 of the Newport Beach Municipal Code
the Planning Commission and the City Council have determined that the use of Parcel 2 for
off -site parking for the benefit of Parcel i is acceptable inasmuch as:
(1) Parcel 2 is so located as to be useful in connection with the proposed uses on
Parcel 1.
(2) Parking on Parcel 2 wi Il not create undue traffic hazards in the surrounding
area. A
(3) Parcel i and Parcel 2 are In the same ownership, and the Owner Is entitled to the
Immediate possession thereof.
(4) The City has required, and the Owner has agreed to record a Covenant
guaranteeing that Parcels i and 2, ( the "Property"), remain in the some
ownership and as one building site, throughout the duration of the proposed uses
on Parcel i, Should a change 1n use or additional use be proposed, the off-street
parking regulations applicable at the time shall apply. Such instruments shall
be recorded in the office of the County Recorder and copies thereof filed with
the Planning Department,
I
pogo 2/2
NOW, THEREFORE, in consideration of the approval of the use of Parcel 1, Owner
hereby declares that the Property shall be subject to the following covenants, conditions and
restrictions,
That Parcels 1 and 2 shall remain in the some ownership and shall be bound
together as one building site as specified on the site plan approved by the
Planning Commission on February 20, 1992.
2. The covenants, conditions and restrictions contained in this declaration shall
commence on the date it is recorded and shall not terminate until such time as
all the uses on the Property Deese and the Owners cause a Notice of Termination
of this Declaration to be served on the City Attorney and recorded in the Office of
the Recorder of Orange County, California. In the event a Notice of Termination
of this Declaratin is -recorded, no use shall occur on the Property unless and
until all necessary approvals have been obtained from the City.
3. The covenants, conditions and restrictions contained in this Declaration shall run
with the Property and bind the successors and assigns of Ownes subject only to
the termination provisions of Item 2. This Declaration shall bind all Parties
claiming an interest in, or a right to operate the building, through written or
oral agreement with Owners or their successors or assigns, and such persons are
bound to conform to, and observe, all restrictions on the use of the Property
contained within this Declaration.
- 4. The terms and conditions of this Declaration shall'nof be amended -except in
writing signed by Owners, or their successors and the City.
IN WITNESS WHEREOF, the Part' a ve caused this Declaration to be executed on
the day and year first above written.
OWNERS
Si ATE OF CALIFORNIA
COUNTY OF ORANGE
On 3 - 2— , 1992, bef a e, the nd rsigned, a Notar ?u I in
and for the State of California personally appeared _ _� Ifn`O c01 r�k
me, or proved to me on the basis of satisfactory evi once, to be the person (s) whose names are
subscribed to this Agreement and acknowledged to me that they executed the same,
WITNESS my hand and official