HomeMy WebLinkAbout747 DOVER DR*NEW FILE*
747 Dover Dr
�Ex PpRr CITY OF NEWPORT BEACH
p�' �• @� PLANNING DEPARTMENT
33oo NEWPORT BOULEVARD
C��}BAH\P NEWPORT BEACH, CA 92658
(714) 694-900, FAX (714) 644 3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISSION
PROJECT: Mike Arvanetis, dba Newport Workout
747 Dover Drive
June 20, 1996
Genia Garcia
644-3200
14 days
PURPOSE OF
APPLICATION: To establish a personal fitness training facility offering one-on-one personal
fitness training, a member use gym, and limited fitness classes.
REQUIRED
APPROVALS: Hold hearing; if desired, approve, modify or deny:
• Use Permit No.3585
LEGAL
DESCRIPTION: A Portion of Lot 3, Tract No. 1125; Parcel 2 of Parcel Map
No. 160/3-5 (Resubdivision No. 654).
ZONE: APF-H
OWNER: Russell E. Fluter, Newport Beach
Environmental Compliance (California Environmental Quality Act)
It has been determined that this project is categorically exempt under Class 1 (Existing
Facilities).
Conformance with the General Plan and Zoning Floor Area Limits
The Land Use Element of the General Plan designates the site for "Administrative, Professional
and Financial Commercial' uses. The proposed fitness center is allowed under this designation.
The Land Use Element also establishes area specific land use policies throughout the City.
These policies set floor area limitations. The proposal involves the conversion of a previous
bank facility, a base FAR use, to a fitness facility, a reduced FAR use, which increases the
weighted floor area ratio of development to 10,634± sq. ft. (0.29 F.A.R.), which is less than the
18,176 sq. ft. allowed on the site.
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Use Permit No. 3585 1
The subject property is currently developed with a bank building facility which is located at the corner of Dover
Drive and 16th Street. To the northeast, across 16th Street, is the Church of Jesus Christ of Latter -Day Saints
complex; to the east, across Dover Drive, is the Upper Castaways residential development, Bob Henry Park, and
the Newport Harbor Lutheran Church. To the southwest, is a rehabilitation center and a medical building.
Use Permit No. 3585
Page
Therefore, the proposal is consistent with the Land Use Element policies and guidelines and
Section 20.07 (FAR Ordinance) of the Municipal Code.
• Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code.
ANALYSIS
The applicant is requesting approval to establish a personal fitness health club which will cater to
business persons and residents in the area, to be located in the former Bank of Newport facility. The
property is currently occupied by a 5,700± sq. ft. bank facility, a 915± sq. ft. escrow office, and a 200±
sq. ft. kiosk that was previously used as a drive -up teller operator's booth with three, free-standing„
drive-thru teller machines. The applicant is proposing to relocate his existing business, located at 2901
West Coast Highway, to this site. The applicant has been operating a health and fitness facility at the
West Coast Highway address for five years and now wishes to expand his business in order to offer
clients a work-out center that is consistent with the premium services offered, using the latest
technology exercise equipment. These services include one-on-one fitness instruction by appointment.
For this reason, the number of individuals using the facility is substantially less than that of a typical
general membership health club.
The 5,700± sq. ft. facility will include a 3,300± sq. ft. exercise floor; 900± sq. ft. aerobic floor, 775± sq.
ft. men's and women's locker rooms, a 275± sq. ft. fitness boutique, and 450± sq. ft. of offices and
employee break room. Thus, a maximum of approximately 30 persons performing fitness activities, 11
trainers, and one receptionist would be on -site during peak hours. A typical peak business hour is
approximately 8 to 10 trainers with one client each and one trainer leading 10-20 individuals in a
stretch or conditioning group exercise.
The existing and proposed development characteristics are listed in the following table:
Project Development Characteristics Table
PROPOSED OPERATION
Hours of operation:
6:00 a.m. to 9:00 p.m., Monday thru Friday; 7:00 a.m. to 1:00 p.m.,
Saturday; 1 to 2 people throughout the day, Sunday.
Maximum number of students at
one time
30
Maximum number of employees at
one time
12 (11 trainers + 1 receptionist)
Gross Square Feet:
Athletic Club
5,700± sq.ft.
Escrow Office
915± sq. ft.
Teller Bldg.
200± sq. ft.
Total Gross Square Feet
6,815± sq. ft.
Required Parking @ 1/250 sq. ft.
gross floor area (for previous
uses):
28
Use Pemut No. 3585
Page
PR MSEA OPERAT ON
Existing Parking provided:
On -site
15
Off -site (per agreement)
20
Parking spaces added:
On -site
3
Off -site
9
47
Total Parking Provided
DISCUSSION
KEYISSUE: Appropriateness of the Proposed Use/Neighborhood Compatibility.
An issue of concern when a fitness facility is established is whether the type of use is appropriate to the
neighborhood. The use of music and additional noise and congestion created by the health club facility
and its members has the potential to have an adverse affect on adjoining properties. Most health
facilities include the playing of pre-recorded rock'n roll music for their customers while exercising.
When the music is confined to the interior of the building and aerobic classes are limited in size, and the
times that they may be conducted, the impact of noise and traffic is minimized.
An aerobic floor is proposed for the convenience of clients, but is not the main part of the applicant's
business. The applicant has expressed his desire to have an area where clients can stretch -out and
conduct floor exercises without interference by exercise equipment. According to the applicant,
morning aerobic classes before 10:00 a.m. and evening aerobic classes between 5:00 p.m. and 9:00
p.m. are most in demand, with the highest in attendance. Midday classes are rarely full and may not be
offered. The traffic generated in the morning and evening hours may cause a noise problem due to the
proximity of the hospitals and residential uses.
The fitness center will operate from 6:00 a.m. to 9:00 p.m., Monday through Friday, 7:00 a.m. to 1:00
p.m., Saturday, with only a few clients on Sundays, as work-outs are by appointment only. Staff has
no objections to the facility remaining open until 5:00 p.m. on Saturdays and Sundays. The subject
facility is surrounded by two churches and two hospitals. The health club facility has proposed hours
of operation that are compatible with the surrounding area, in that, there will not be any late night
hours which would contribute to noise in the area. The operational characteristics of the fitness
establishment using the one-on-one instructional approach to fitness, lends itself to a less intense
operation than a general membership health club.
To mitigate potential noise and congestion problems, staff has included a condition of approval that no
aerobic classes will be held prior to 8:00 a.m. and after 9:00 p.m. daily, and that aerobic class size be
limited to not more than 20 customers during any one class. The applicant has agreed to limiting the
hours of the aerobic classes.
Staff Opinion: The location of both hospitals are far enough from the subject property that any traffic
to and from the site, and noise generated from music, should not interfere with the operations or
comfort of patients in both hospitals. Staff has included a condition of approval, that all music be
confined to the interior of the building, and that doors and windows must be kept closed during the use
Use Permit No. 3585
Page
of recorded music. It is also staffs opinion that the proposed facility will not adversely impact the
churches in the area, as the proposed fitness facility has limited appointments on Sundays.
KEYISSUE: Traffic Impacts on Surrounding Neighborhoods and Off -Street Parking:
One of the issues regarding the health club facility is whether or not this type of use will create a
demand for more parking spaces than is available, causing additional traffic congestion with cars
entering and exiting the site. This issue is of particular concern during peak hours, as this is the
most active time period for health club facilities.
Parking Requirements
The Zoning Code does not include a specific parking standard for health clubs. The previous use of
the facility required 28 parking spaces based on a requirement of one parking space for each 250
square feet (6,815 sq. ft. divided by 250 = 27.26 or 28 spaces.). The site currently has 35 parking
spaces, 15 on -site spaces and 20 off -site spaces. Existing uses on site require 1 space for the 200±
sq.ft. kiosk and 4 spaces for the 915± sq. ft. escrow office, which leaves 30 spaces available for the
health club use.
Staff Opinion: Given the characteristics of the proposed use, staff has reviewed the number of people
that will potentially use the facility during peak hours and feels, that with the addition of the aerobic
floor, that additional parking would be needed above the available 30 spaces.
The owners of the property are proposing to add 12 additional parking spaces, three on -site, and nine
in the off -site parking area. In order to add the additional parking, a curb cut at the second entrance on
16th Streee will be closed and three spaces will be added in that location. The other nine spaces will
be added in the off -site parking location after the removal of the drive-thru teller machines. The
addition of 12 parking spaces to the existing 30 spaces available to the fitness facility will result in a
total of 42 parking spaces. The applicant is proposing to have 8-10 fitness instructors with 8-10
customers on the exercise floor during peak hour. If each person drove to the site alone, the parking
requirement would be approximately 20 spaces for the exercise floor, 1 for an employee, which would
leave approximately 21 .parking spaces for additional customers who would be attending aerobic
classes.
Staff is of the opinion that limiting class size for the aerobic activities to 20 people is reasonable, given
the amount of parking that is available to the facility. If parking or congestion becomes a problem, the
Planning Commission has the option to review the subject use permit. An appropriate condition of
approval has been included for the Planning Commission's review.
Staff Opinion: With the addition of 12 parking spaces, the characteristics of the proposed one-on-one
work-out, and the limiting of the aerobic class size, staff feels that adequate parking exists on site for
the proposed business. Staff is also of the opinion that the closure of the second entrance will result in
improved traffic circulation on the site.
2There are two entrances/exits to the site from 16th Street, the proposed closure is the entrance/exit nearest to
Dover Drive.
Use Pamit No. 3585
Pages
Specific Findings and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use
permit, the Planning Commission shall find that the establishment, maintenance or operation of the use
or building applied for will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Should the Planning Commission wish to approve Use Permit No. 3585 , the findings and conditions
of approval set forth in the attached Exhibit "A" are suggested. Should the Commission desire to deny
this request, the findings set forth in the attached Exhibit `B" are suggested.
PLANNINGWILDING DEPARTMENT
a
Genia Garcia
Associate Planner
Attachments: Exhibit "A"
Exhibit `B"
Appendix
Letter from the Applicant
Planning Commission Minutes dated, June 19, 1980
Off -Site Joint Parking Maintenance and Landscape Agreement, dated April 9,
1981.
Proposed Floor Plan
Plo
E) IIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use PermitNo. 3585
Findings:
1. The proposed use is consistent with the General Plan, as the use is allowed and the Floor Area
Ratio is less than the Base Development Allocation, and a fitness facility is a complimentary use
to the neighboring community.
2. That 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).
3. 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.
4. The proposed improvements, closing one entrance to the site, are necessary to provide efficient
traffic circulation on the property and to provide additional parking spaces.
5. The approval of Use Permit No. 3585 will not, under the circumstances of the case be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing
or working in the neighborhood or be detrimental or injurious to property or improvements in
the neighborhood or the general welfare of the City for the following reasons:
The project requires substantially less parking for a one-on-one fitness facility as
opposed to a general fitness facility than the amount provided on site, even during peak
hours of operation.
Parking will be added to the site which will result in an adequate parking supply for
peak usage.
Conditions:
1. That development shall be in substantial conformance with the approved site plan, floor plan
and elevations, except as noted below.
2. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code.
3. That the drive entrance on 16th Street closest to Dover Drive be closed and additional parking
spaces be located in this area, subject to the approval of the Traffic Engineer and the Public
Works Department.
4. That the drive-thru teller machines be removed and the area be striped to add additional
parking, subject to the approval of the Traffic Engineer and the Public Works Department.
Use Permit No. 3585
Pagel
5. That the parking lot be restriped, and the striping shall be marked with approved traffic
markers or painted white lines not less than 4 inches wide and shall be approved by the City
Traffic Engineer.
6. That the project shall comply with State Disabled Access requirements.
7. That all improvements be constructed as required by Ordinance and the Public Works
Department.
8. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to
finther review by the City Traffic Engineer.
9. That all employees shall park on -site.
10. That the hours of operation shall be limited between 6:00 a.m. to 9:00 p.m., Monday through
Friday, 7:00 a.m. to 5:00 p.m., Saturday and Sunday.
11. That aerobic classes shall not be conducted prior to 8:00 a.m. and after 9:00 p.m., daily, and
that class size shall be limited to 20 customers during any class.
12. That the noise from the music associated with fitness facility shall be confined to the interior
portions of the building and the doors and windows of the facility shall remain closed when
music is playing.
13. That all trash areas shall be screened from adjoining properties and streets.
14. That exterior lighting shall be designed to eliminate light and glare spillage on adjacent uses.
15. That no outdoor sound system shall be utilized on -site.
16. That the Planning Commission may add to or modify conditions of approval to this Use Permit
or recommend to the City Council the revocation of this Use Permit, upon a determination that
the operation which is the subject of this Use Permit, causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare of the community.
17. That this Use Permit shall expire unless exercised within 24 months from the date of approval
as specified in Section 20.80.090A of the Newport Beach Municipal Code.
Use Permit No. 3585
Page 8
EXHIBIT `B"
FINDINGS FOR DENIAL FOR
Use Permit No. 3585
FINDINGS:
1. The approval of Use Permit No. 3585 will, under the circumstances of the case be detrimental
to the health, safety, peace, morals, comfort and general welfare of persons residing or working
in the neighborhood or be detrimental or injurious to property or improvements in the
neighborhood or the general welfare of the City, for the following reasons:
That the proposed development is not compatible with surrounding residential land
uses.
That adequate on -site parking is not available for the proposed use and the resulting
parking demand will be detrimental to surrounding properties.
Use Permit No. 3585
Page 9
APPENDIX
Back rg ound
The existing bank facility building, located at the corner of Dover Drive and 16th Street, was
constructed in January, 1972, with subsequent additions in 1973 and 1975, including the escrow office
and drive-thru teller building. At its meeting of June 19, 1980, the Planning Commission approved
Resubdivision No. 654, which created three parcels of land for commercial development and an oil site
parking agreement for a portion of the required parking spaces for the Bank of Newport facility. The
bank facility was located on the adjoining property and was not one of the parcels involved in the
resubdivision. The three parcels involved included Parcel No. 1, occupied by rehabilitation center,
Parcel No. 2, a narrow, crescent shaped parcel, occupied by the off -site parking spaces required by the
bank, and a landscape buffer, and Parcel No. 3, occupied by a medical building.
The Off -site Parking Agreement required that only landscaping and off-street parking spaces, be
allowed in the off -site parking area that is adjacent to the subject property. The property owner of
Parcel 2 proposed to lease the Parcel to the owner of the subject site for 42 years, until the year 2022.
An Off -Site Joint Parking, Maintenance and Landscape Agreement was approved by the City of
Newport Beach and recorded in the office of the County Clerk on April 9, 1981. Attached for the
Commission's review is a copy of the Parking Agreement and the Minutes from the Planning
Commission Meeting of June 19, 1980.
Use Pe[mit No. 3585
Page10
l
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
Telephone: 17141 644-3200 Plan Check No:
By:Genia Garcia, Associate Planner
By:Marc Myers, Associate Planner
Date: .2/ - fG Address:
Districting Map No.
Corrections Required:
By:Christy Teague Associate Planner
Land Use Element Page No
Legal Description: Lot Block Section Tract
Resubdivision required to combine lots or portions of lots when construction or
alterations are in excess of $20,000.
Covenant required. Please have owner's signature notarized on the attached
document and return to me. _ e _:> =k
Lot Size
Zone
Proposed Use
Required Setbacks
Front
.�xerV-,� Do
,6IG
GF
Rear V2 4P 75
Right Side
Left Side
FAR WORKSHEET
Lot area (site area sq.ft.): ESQ 3csq.ft.
Base Development Allocation (BDA): �� �7J� J comm sq.ft. (�!
[0.5 x site area sq.ft., unless of erwise specified in Land Use Element]
FAR permitted, without variance: (A) Comm res vka
Square footage permitted: comet res vka sq.ft.
[(A) x site area sq.ft.]
Maximum FAR allowed with variance: (B) Comm res vka
Maximum square footage allowed: comm res sq.ft.
[(B) x site area sq.ft.]
sq.ft.
sq.ft.
sq.ft. (O(j
( F + site area sq.ft. ]
PROPOSED DEVELOPMENT:
(C) Base FAR use sq.ft
(D) Reduced FAR use sq.ft.
(E•) Maximum FAR use sq.ft.
(F) TOTAL SQ.FT. [C+D+E]
PROPOSED PAR: .le
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category Weighting Factor
(G) (H)
4_57 sq.ft. Base X 1.00
�57p 0 sq.ft. Reduced X 1.67
sq.ft. Maximum X 0.50
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
Weighted Sq.Ft.
( G x H 1
Ze
-' sq.ft.
sq.ft.
sq.ft.
Provide tissue overlay of calculations to verify provided square footage.
Required Parking
Proposed pafking (Indicate number of stalls provided)
Total On -Site Parking
Standard Compact
In -lieu Parking
Dimension building height as measured from natural grade to average and maximum
roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade directly below.
indicate location of trash containers on site plan.
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.
Fair share Contribution
San Joaquin Hills Transportation Corridor Fee
Please indicate any discretionary approval numbers on the plans and incorporate
the attached; excerpt of minutes and list of findings and
conditions into the blueline drawings
approval letter into the blueline drawings
Modifications Committees Indicate Approval No. on Bluelines
Modification required for
Planning Commies+on/City
Councils
Use Permits
No.
Variance:
No.
Resubdivision/Tracts
No.
site Plan Review:
No.
Amendments
No.
other It
Public Works:
Easement/Encroachment
Permit
Subdivision Engineer
Traffic Engineer
Approval of Landscape
Plans
Building Departments
Grading Engineer
Parks Department;_
Approval of Landscape Plans
Coastal Development Permits:
Approval in Concept (ASC) No.
(Note: File 3 sets of plans: site, floor, and elevations)
Coastal Development Permits No.
Effective Dates
Waiver/Exemptions No.
Effective dates
i10D11V `fY�'l;
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 as at (714) 644-
3200.
FORMS\CONN-SON.COR Rev. 2/94
TO'- 'CITY COUNCIL
FROM: Public Works Department
SUBJECT: Resubdivlsion No. 654
LOCATION: Lot 148, Tract No. 121 8"S
westerly ide of Dover Dr
'SUBDIVIDER: Bank or Newport, Newport
";'RECOMMENDATION:
Adopt a resolution (a) ap
quire
Mayor
DISCUSSION:
V
dii COU'N1
ITEM NO,
at, 745 DoveriOri
, "ZI
n Xgs b.,division agreement
ubli improvements re-
In
654; (b),autharizing the
�ecute thee agreement,
�Gni)?u�nq'1_9'1980�,the P /atnij"6tmi�sio conditionally approvi d,,.t,
ResubdivisionAtr 654. The conditio s of1pproval inaluded.the following;
1. Filing o a parel P. 4
ion of
U lie
provide
er i
t e pub
••labor a
2. Completion of the ssing concrete sid alk along Dover
Drive incluaingth constructio andard',concrete 0
drive apro
,
The subdivider -to -iompl he'e relo cord -the
thi'parHl�mao,'�H6r
Im rovem I -*.-,
public 1mgovemm e guarantee ee �ompletjon of the.,
r to ' an
)rovements,. he de 1 e as executed appropriate agreement and
th� form of, the accompanying s u it e certificates of deposit,..
ate Nos. M220 and 2 ) o posit with.thetCity Clerk's:office
The agreement establishes the d'evel'operls,obligation to complete*,-',
c improvement construction. The faithful, performance surety and, the-l'".-
materials surety are in the amount of $3,850 each, which is one. half
ated cost of the improvements.-
An'ex hibit'li attdched•for.rere a cd.
t pcWky1MNEWPORTAkCH
•;c u gtkllp'kovtl�
w 11 rs� Fnhr,ury 9_ 19nI
0
otion
;iM1l• ,Ay
v:
otion
14, Ay
�! n
r
•,F
MINUTES
�+-INnEY••i
n •++
I.+
• •
+•N.
(c) 'That staff be directed to prepare a
_
' proVdrty management system for operating
the Marina, and draft a preliminary
,
�••�
;
Budget''for the fiscal year 1981-82.
o;
(d) Thae the above documents, when
-+•>'
v
"
•�
completed by staff, be brought back to
the City Council for their review and
•'
++.+•
desired action.
Craig Forst, 321 Kings Road, Newport Beach, address
t�?.
.!
''
+•'•
ad the•Council, "expressing an interest in lcaoing
the•Marina'portion of the Balboa Yacht Basin, if
'
the City should advertise for proposals.
a,
1h
J.
•a
•,2. A "port from the Parks, Belches and Recreation
Balboa Is•
\ Director regarding BALBOA ISLAND PARK DEDICATION,
Park/Ded
ja.
.:
•wenpraeanted.
(62)
x
cmewly-constructed community building and park
•Carroll
as
-
�o •Bethem Island wet named Beek Community
Cen r.
N. • CONS CALENDAR-'
.
x
The following tions were taken,as indicated except for
as
(•A
-•'
�-
+'+
.-'
+,Rhone ieema 'Me di �' • -
'
1. ORDINANCES FOR NTRODUCTION:
' For introduction" d'pass to second reading on
February 23, 1981t
,
'
(a) Removed from the nsent Calendar.
„
(,+,
y,•
(b), Proposed Ordinance 1875, being, AN ORDI-
Trfc/Spaad
a
_
NANCE•AMSNDING SSCTIo 12,24.030 OF THE NLl7-
Limit
PORT BEACH LIUNICIPAL CO TO INCLUDE MONROVIA
(85)
AVENUI IN THE 35•MILE PE HOUR PRIMA FACIE
SPEED LIMITI ZONE AND AMENDING SECTION 12.24.
070 OF THE NEWPORT BEACH :UNkCIPAL CODE TO
INCLUDE PORTIONS OF PLACENTIA\(VENUE AND
FIFTEENTH STREEP IN THE 40 MILE•.PER HOUR PRIMA
FACIE SPEED LIMIT ZONE. (A report from the
dt
1,
; ;
. Traffic, Engineer)
lea
(iZ
:'
PP.
'.
, , .. .
For introduction and set for public hearing,on
February 23. 19811
(c) Removed from the Consent Calendar.
�'
��'
•7
'n
''
2. RESOLUTIONS FOR ADOPTION:
.
�•.S
(a) Resolution No. 9974 authorizing the Mayor and
O�E/Site
City Clerk to execute an offsite Parking
Pkg�qxgney
Agreement between the City of Newport Beach
R-997
„
•,
.and.Nilliam Cagney in regards to redevelopment
C-2249
„
.of Mazket.Basket shopping area. (A report
(38)
Planning Department)
\
,I
at
,,
t
.from.the
(b) „Resolution No. 9975 authorizing the Mayor and
Rosub 654
•City Clerk -to execute a Su�3lvfaian _ reament
R-9975
between the.City of Newport Bench and Bank of
C-2246
Newport in connection with the •publ&c improve-
(38)
meats required with ,Ree4bdjy},s�on, Nq. §54.
report from,jha Public Works Department)
1
Volume 35 - Page 49
City Council Meeting March 9, 1981
Agenda Item No. F-2(a)
CiTY OF NEWPORT REACH
TO: City Council
FROM: Planning Department
SUBJECT: Rejuest for an Off -Site Parkin A reement 1, conjunc-
tion with the ex st ng an o export acuity in
the A-P-H District.
LOCATION: Portion of Lot 3, Tract No. 1125, located on the
southwesterly corner of Dover Drive and 16th Street
(bank s,te).
ZONE: A-P-H
APPLICANT: (lank of Newport, Newport Beach
t
'J'N}1'EYt': Sable L"5 'A'p'p112L'AL
Application
This application requests approval of an off -site parking agreement for
a portion of the required parking spaces in conjunction with the Bank
of Newport complex located on the southwesterly corner'of Dover Drive
and.16.th Street. In accordance with Section 20.30:035(D) of the New-
port Beach Municipal Code,'the Planning Commission shall not recommend,
and 'the City Council shalt' not approve off-stree't'parking on a se'pa-
rate- lot from the building' site or si'tes 'unless':
a.).•Such lot is so located as to be useful'1n ionneC,tion
-with the proposed use or uses on the building site or
'sites.
b) Parking on such lot will not create undue traffic
hazards in the surrounding area,
.c) Such lot and the building site are in the same owner-
ship, or the owners of the buiiding'sites have a
common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use '
thereof (ownership of the off -site lot must be owner-
ship in fee or a leasehold interest of a durat'ion',
adequate to serve all proposed uses on the'building
site or sites).
d) The owner or owners and the City, u{h' the approval
of the City Council, execute a written ins'. rumdnf,or,
,,t,,.l,iinstruments, approved as to forte tind'eodtent'by the
•,R Lt; :,
A,'.
rn...t:,:�,••., 06Qt.•.R1. onuf. baa;au r,afun{M_na,;.Likmtnga-Rnin�ln•i.9_ens:.�q,:7gi. �.r;
f
T0: City Coil►fcdl
City Attorney, providing for the. maintenance of the j
required off-street parking on such lot for the dura-
tion 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 regulations ap-
plicable 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.
Suggested Action Ps
If desired, adopt Resolution No. authorizing the execution of
an off -site parking agreement between the City of Newport Reach and
the Bank of Newport, Newport Beach.
Planning Commission Recommendation
At its meeting ;f June 19, 1980, the Planning Commission voted (6 Ayes,
i Absent) to approve Resubdivtsion No. 654 to create three parcels off.:
land for commercial development, The Commission also recommended the
acceptance of an off -site parking agreement for a portion of the re=J+
quired parking spaces for the bank use,
Aai
Bank of Newport Parking Spaces
Building records indicate that the subject Bank of Newport facili:ty_�VaA
constructed on the site in 1972. Twenty-four (24) off-street parking
spaces were required for the commercial development, based upon ono. 0
parking space for each 250 sq.ft. of floor area within the 6,000 agvtt.
of commercial space on the property. Thirty-four (34) parking spatceff
are now utilized by customers.and employees of the bank use. NowaveF,k
a recent survey of the property revealed that nineteen of said parkfngi
spaces were actually located on Parcel No. 2 of Resubdivtsion No..664 I,
and not on the bank site as required. The applicant is therefore)Ti-J!
questing an off -sito parking agreement for the nine additional required
parking spaces so as to legalize an existing situation. The Planning
Commission recommended the approval of said agreement inasmuch as`the
bank will maintain a long-term lease on the property.
The Commission approved Resubdivtsion No. 654 subject to twelve findings
and ten Conditions of Approval as set forth In the excerpt of the Plan-
nin8 Commission minutes which is attached. Also attached for the infor-
mation and review of the City Council is a Copy of the Planning Commis-
sion Staff Report which fully describes the applicant's request. ;
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEENiCKER, Dirreccttor
by WILLIAM CDCK/T l b
Current Planning mfniite4,tor M L/,kk
11
4�
Attachments for City Council Only: N
1) Vicinity Mao
e�e-0 March 9. 1981
lncmi'
t .'.•rr.7v r:'
•
2. RESOLUTIONS FOR ADOPTION:
(a) Rcao lotion No. 9987 nude
City Clerk to eXeCULC an
Agreement between the CS
and the Bank of Newport
Resubi(ivisUm No '654.
Planning l7epartmcnt)
(b) Resolution No. 9988 auto
City Clerk to execute a
• `-`
between the City of Newp
W. Salmonson in connectl
improvements required wl
670. (A report from the
ment)
�aSc.t"b'r' ''
�•
(c) Resolution No. 9989 away
American Asphalt in roar
del Mar Beach Parking Lc
• and resurfacing (C-2224)
„
Public Works Department)
(d) Resolution No. 9990 APPr
•
of certain records in et
(A report from the Fire
(e) Resolution No. 9991 of t
City of Newport Beach i
pursue implementation r
•
1,982, of the herein eff
able control mesa as" f
1 r
Air Quality Man ement i
m,
the City Mana
9992 dec:
p lic hearing tt
y Cablevlsion G
e.in the feesan,
a television sarv.
/ReolutlOntion
ty Manager)
tion No. 9993 autl
At,;•
lerk to execute a'
f Newport Beach ai
e printing of a h.
1'
conjunction with its 75'
% report from the 75th Aw
(h) Resolution No. 9994 auC
City Clerk to execute a
••
between the City of New
Ialond Merchants Aasoci.
Company and Ilia Irvine
•
City Arts Festival. (A
'
Commission)
'• j
volume 35 - Pala
l
R-as4
3rizing the Mayor and IO/S Pkg
Off -Site Parking Bk Npt
ty of Navp8rt Beach R-9987
Ln connection with IC-2255
(A report from ills (38)
.rr Laing the Mayor and Subdiv/Aq
Subdivision Agreement SAIWAao
)rt Beach and Richard R-9988
>n with Old public
th Resubdivision No. (3 Y
Public Works Doi art-
ling a contract co .1 All Amer/Asph
action with the Ana R-9989
L (east side) r ,sign C 2224
(A report om the (38)
owi/Lnl)
dost ruotion Fire Dept
e Fef's office. R-9990
Dap(41)
I City Council of the SC/Air Qlty
rJicating its intent to R-9991
lot to nacember 31. (61)
n,d "reasonably avail-
rom the South Coast
Jan. (A report from
acing its intention to Cable TV
consider a request by R-9992
mpany for a rate (42)
charges for cable
cc. (A report from
orizing the Mayor and Premier
Agreement between the Prntg/75th
it Premiere Printing Anniversary
.story of the City in R-9993
h Anniversary. (A C-2252
,iversory Committee) (38)
prizing the Mayor and 1981 Arts
License Agreement Festival
,ort Beach, And Fashion R-9994
ition, the Taubman C-2253
:ompnny for the 1081 (38)
',port from the Arts
74
w,,...6 a {sal
I Nf1FX
;}�RyA'Ivl{
�oncu,c
\ S8y
.1
gyASt �:aA
Ye
yc SttN.I
0P
^�f3iq Yt
-1 .
�•ird3f.C1g
:,I�inaa�v
n
I:
S[
(i) Resolution No. 9995 authorizing the Mayor and
Simonis
City Clerk to execute an Agreement between
Moreland/
1�
the City of Newport Beach and Simonis Moreland
Accountants
,1
Accountants, Incorporated, certified public
R-9995
accountants in connection with auditing scrv-
C-2254
(38)
,j
„
Sees for the fiscal years 1980-81 and 1982-
83. (A report from the Finance Department)
(j) Removed from the Consent Calendar,
dv?
(k) Resolution No. 9997 creating a City Council
LCP Ad -Hoe
Ad -Hoc Local Coastal Planning Committee.
R-9997
(Attached)
(24)
ad Seal' fttrd:
IK4'�
(a) To the Traffic Affairs Committee for inclusion
Ticonderoga/
Ifs
1
-• in their records, a letter from the Newport
Sup Trf Stdy
Crest Homeowners Association acknowledging the
(85)
apoase'of the Public Works Director to their
tter of January 22, 1981, and expressing
eir thanks for authorization of a traffic
udy at the intersection of Ticonderoga and
erior. (Attached)
1p4
,
the Planning Department for reply, a letter
Planning
m Raymond C. Ramirez requesting Planning
(68)
ission minutes relative to the Properties
a
;,
st Incorporated development approval.ttached)he
\not
Police Department-Mimal Control for
PD/Mml
pl a letter'from Nancy Kr chman protesting
Control
e h ra stipulsted'by the City that dogs are
(70)
t al wed on the beaches. (Attached)
the Pe ing LegialnClon end Procedural
SGC
hics Co ttee,' a letter from SGC urging
(61)
s,
;,
-•. support .for B-2 establishing'a uniform public
hearing prate n relating to the State agen-
cies, hearings ,,(Attached)
(a) To the Pending islatlon end Procedural
Boles Chita
]silt
„
Ethics Committee, letter from the Amigos de
Marine
Bolas Chica, urging opposition to n request
(77)
t�:vfi
�,
r;•
solicited by 'Ocean teas and Recreation" in
support of their reso tfon regarding a marina
mr3entated der+lePmant n tM i+al+a t'S�Sea,
(Attached)
R01
u
•.
(E) To staff for inclusion In ,efr ongoing study,
planning
�e,�.;
,•
a letter requesting that th LCP be corrected
(68)
•�.
to reflect the recently appro ad Open Space,
dl,
1 zoning for the Balboa Yacht Cl parcels.
1♦
(Attached)
Volume 35 - Page 75
X
City Council Meeting October 25. 1993
TO:
FROM:
SUBJECT:
INITIATED BY:
Agenda Item No. / 7
CITY OF NEWPORT BEACH
Mayor and Members of the City Council
A request to amend the Land Use Element of the General Plan so as
to allow an additional 3,805 square feet (to a total of 1,284,134 square
feet) to property located at Block 600 Newport Center Drive. The
proposal also includes the acceptance of an environmental document.
The City of Newport Beach
s ►1�7
B. Traffic Study No. 87 (Public Hearing)
A request to approve a traffic study so as to allow the conversion of
approximately 14,445 square feet of existing general office space and
restaurant space for athletic club purposes. The proposal also includes
the construction of 3,805 square feet of additional floor area, to be
used in conjunction with the proposed athletic club.
AND
C. Use Permit No 3509 (Public Hearing)
A request to permit the establishment of an 18,250 square foot athletic
club on property located in the APF-H District. The proposal also
includes a request to establish the parking requirement for the health
club based on a demonstrated formula.
LOCATION: A portion of Lot 22, Tract No. 6015, located at 600 Newport Center
Drive, on the northerly side of Newport Center Drive between Santa
Cruz Drive and Santa Rosa Drive, in Newport Center.
ZONE: APF-H
APPLICANT: Family Fitness Center, Carlsbad
OWNER: The Irvine Company, Newport Beach
TO: Cit}—ouncil - 2.
Applications
This is a request to permit the establishment of an 18,250 square foot athletic club in
existing vacant space in the building located at 600 Newport Center Drive. Of the 18,250
square feet, 3,805 square feet is new construction, 9,650 square feet is the conversion of
restaurant space and 4,795 is the conversion of commercial office space. A use permit is
requested as an athletic club is a conditional use in the APF-H zoning district. A general
plan amendment is required to allow an additional 3,805 square feet of development at
Block 600, as the site is currently developed at its general plan allocation of 1,280,329
square feet. Approval of General Plan Amendment 93-2(D) will allow a total of 1,284,134
square feet of development for Block 600. GPA 93-2(D) was initiated in June 1993. This
is also a request to accept a traffic study which is required of all commercial projects with
an average daily trip generation of more than 130 daily trips. Council Policy S-1 provides
administrative procedures for the Traffic Phasing Ordinance which is contained in Chapter
15.40 of the Municipal Code. Council Policy Q-1 outlines procedures for amending the
General Plan. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code.
Suggested Action
Hold hearing; close hearing; if desired,
(a) Adopt Resolution No._, approving the Negative Declaration and adopting
General Plan Amendment 93-2(D), amending the Land Use Element of the
General Plan so as to alter the development allocation and policy statements
for Statistical Area No. L-1 in order to allow an additional 3,805 square feet
of development for a total of 1,284,134 square feet of development for Block
600; and
(b) Sustain the action of the Planning Commission and approve Traffic Study No.
87 with the findings and subject to the conditions imposed by the Planning
Commission; and
(c) Sustain the action of the Planning Commission and approve Use Permit No.
3509 with the findings and subject to the conditions imposed by the Planning
Commission including revised Conditions No. 4, 5 and 6 as described in the
attached Planning Commission minutes of September 23, 1993, with the
additional change to Condition No. 4 requested by the applicant so as to
expand the hours of operation during week days to 5:00 a.m. - 11 p.m. instead
of 5:30 a.m. - it p.m. as approved by the Planning Commission.
Planning Commission Recommendation
At its meeting of September 23, 1993, the Planning Commission reviewed the applications
listed above and recommended approval (6 ayes,1 absent) of General Plan Amendment 93-
2(D), Traffic Study No. 87 and Use Permit No. 3509 to the City Council. Copies of the
Planning Commission staff report, resolution and an excerpt of the Planning Commission
TO: City Council - 3.
minutes are attached to this staff report.
The attached Planning Commission staff report contains a detailed analysis of the issues
raised by staff. As a result of a request by the applicant and concerns of staff discussed at
the Commission hearing, the Commission modified Conditions No. 4, 5 and 6 to read as
follows;
4. That the hours of operation shall be limited between the hours of 6-.00 5-VI
a.m. to it p.m. on week days and 8 a.m. to 11 p.m. during the weekend,
unless an amended use permit is approved by the Planning Commission.
5. That all employees of the health club shall park on -site iYtihjacearing
true ice,,
6. That Family Fitness Center shall provide parking free of charge RT la two
hours for its patrons parking in the parking structure located at 600 Newport
x „...ws
Center Drive.
Request by Applicant
After the Planning Commission recommended approval of the project, the applicant
submitted a written request (Attachment 4) to change the hours of operation during
weekdays from 5:00 a.m. to 11 p.m. instead of 5:30 a.m. to 11 p.m. If the City Council
desires, Condition No. 4 can be modified to read as follows;
4. That the hours of operation shall be limited between the hours of 5:00 a.m.
to it p.m. on week days and 8 a.m. to 11 p.m. during the weekend, unless an
amended use permit is approved by the Planning Commission.
Respectfully submitted,
PLANNING DEPARTMENT
JAM,EES�D. HEWICKER, Director
ByG�
Leslie gle
Assistant anner
Attachments:
1. City Council Resolution No. for General Plan Amendment
No. 93-2(D)
2. Planning Commission Minutes - September 23, 1993
3. Planning Commission Staff Report - September 23, 1993
4. Letter from Applicant requesting change in hours of operation
5. Floor plans and site plan
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING GENERAL PLAN
AMENDMENT 93-2(D) AMENDING THE LAND USE
ELEMENT OF THE NEWPORT BEACH GENERAL PLAN,
SO AS TO INCREASE THE DEVELOPMENT
ALLOCATION FOR STATISTICAL AREA NO. L-1 BY 3,805
SQUARE FEET TO 1,284,134 SQUARE FEET.
[GENERAL PLAN AMENDMENT NO. 93-2(D)]
WHEREAS, as part of the development and implementation of the Newport Beach
General Plan the Land Use Element has been prepared; and
WHEREAS, said element of the General Plan sets forth objectives, supporting
policies and limitations for development in the City of Newport Beach; and
WHEREAS, said element of the General Plan designates the general distribution and
general location and extent of the uses of land and building intensities in a number of ways,
including residential land use categories and population projections, commercial floor area
limitations, and floor area ratio ordinance; and
WHEREAS, the Land Use and Circulation Elements are correlated as required by
California planning law; and
WHEREAS, the provisions and policies of the Land Use and Circulation Elements
are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance
and the implementation programs of that Ordinance and the Fair Share Traffic Contribution
Fee Ordinance; and
WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach,
the Planning Commission has held a public hearing to consider a certain amendment to the
Land Use Element of the Newport Beach General Plan and recommended approval of this
amendment to the City Council; and
WHEREAS, the proposed project is compatible with the existing land uses within the
neighborhood; and
WHEREAS, the circulation system will not be significantly impacted by the proposed
project; and
WHEREAS, the City Council has held a duly noticed public bearing on this
amendment to the Newport Beach General Plan; and
WHEREAS, in conjunction with the consideration of the above referenced
amendment to the General Plan, the City has prepared an Initial Study pursuant to the
requirements of the California Environmental Quality Act for this action.
NOW, THEREFORE, BE IT RESOLVED that based upon the information
contained in the Initial Study, comments received, and all related documents, there is no
substantial evidence that the project, as conditioned, could have a significant effect on the
environment, therefore a Negative Declaration has been prepared. The Negative
Declaration adequately addresses the potential environmental impacts of the project, and
satisfies all the requirements of CEQA, and is therefore approved. The facts and findings
relied upon in making the determination are contained in the public record.
BE IT FURTHER RESOLVED that the Negative Declaration reflects the
independent judgement of the City Council and was reviewed and considered prior to
approval of the project.
BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach
that General Plan Amendment 93-2(D), consisting of an amendment to the Land Use
Element of the General Plan, is approved as follows;
"That the development allocation and policy statements for Statistical Area
No. Irl be amended for property located at Block 600 - Financial Plaza
Newport Center in Newport Beach so as to increase the development
allocation by 3,805 square feet to 1,284,134 square feet of commercial
development."
WIN
ADOPTED this day of , 1993.
MAYOR
ATTEST:
CITY CLERK
0
C:7MMISSI0NERS
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e completed under an encroachment permit issued by the
Pu is Works Department.
4. That ov ead utilities serving the site be undergrounded
to the near appropriate pole in accordance with Section
19.24.140 of t Municipal Code.
That all mechani quipment and trash areas shall be
screened from public s ets and adjoining properties.
J
I
i
!
i
6. That the applicant shall tain Coastal Commission
approval of this application prior the issuance of building
permits.
That all conditions of approval of Resu 'vision No. 932
shall be fulfilled.
18 That this Site Plan Review shall expire unless a rcised
within 24 months from the date of approval as speci in
Section 20.01.070 K of the Newport Beach Municipal Co
I Plan Amendment No. 3-2 D ublic Hearin
item No.7
.General
Request to amend the Land Use Element of the General Plan so
gas to allow an additional 3,805 square feet of development on
roperty located in Block 600 of Newport Center; and the
cceptance of an environmental document.
NnTATED BY: The City of Newport Beach
AMID
B. Traffic Study No. 87 (Public Hearin
Request to approve a traffic study so as to allow the conversion of
pproximately 14,445 square feet of existing general office space
-19-
GPA 93-2D
( R1336)
TS87
UP3509
Approved
CoMmuSSIONERS
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CITY OF NEWPORT BEACH
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and restaurant space to athletic club purposes. The proposal also
includes the construction of 3,805± square feet of additional floor
area, to be used in conjunction with the proposed athletic club.
AND
C. Use Permit No 3509 (Public Hearing)
Request to permit the establishment of an 18,250 square foot
athletic club on property located in the APF-H District. The
proposal also includes a request to establish the parking
requirement for the athletic club based on a demonstrated
formula.
LOCATION: A portion of Lot 22, Tract No. 6015, located
at 600 Newport Center Drive, on the
northerly side of Newport Center Drive
between Santa Cruz Drive and Santa Rosa
Drive, in Newport Center.
ZONE: APF-H
APPLICANT: Family Fitness Center, Orange
OWNER: The Irvine Company, Newport Beach
The public hearing was opened in connection with this item, and
Mr. Robert Dennis, appeared before the Planning Commission on
behalf of the applicant. He concurred with the findings and
conditions in Exhibit "A", with the following exceptions: Condition
No. 4, Use Permit No. 3509, regarding the hours of operation -
that the condition be changed from 6:00 a.m. to 11:00 P.M.
weekdays to 5:30 a.m. to 11:00 p.m. weekdays; and that Condition
No. 6 be modified inasmuch as the condition states that the
applicant shall provide parking free of charge for the customers;
however, the validated free parking would be limited to two hours
in accordance with their lease. In response to questions posed by
Chairman Merrill, Mr. Hewicker explained that generally speaking
-20-
COMMISSIONERS
MINUTES
CITY OF NEWPORT BEACH
September 23, 1993
ROLL CALL
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when a fee is -required to park in Newport Center, customers have
tendency to park their vehicles on the streets or in Fashion
Island and do not use the parking structures. Mr. Dennis stated
at the establishment would encourage their patrons not to
emain on the premises for more than two hours.
response to a question posed by Commissioner Glover, Mr.
ennis explained the procedure that is followed to validate the
stomer's ticket. The patron would be required to pay the
ifference if the time extends beyond the two hour validation
eriod.
n response to a question posed by Mr. Hewicker, Mr. Dennis
xplained that the subject facility would provide employees free
a rking in the adjacent parking structure. He further stated that
e proposed area that would be enclosed at the first level would
e to the drip line of the structure.
In response to a question posed by Commissioner Ridgeway, Mr.
Dennis explained that the two proposed signs will conform to the
Sign Code, and one sign will be located on the front of the
uilding and one sign on the side of the parking structure.
ere being no others desiring to appear and be heard, the public
earing was closed at this time.
Motion was made to approve General Plan Amendment No. 93-
Motion
(D), (Resolution No.1336), Traffic Study No. 87, and Use Permit
o. 3509 subject to the findings and conditions in Exhibit "A".
Amend the use permit as follows: Condition No. 4 shall be
modified to state ..the hours of operation shall be limited between
he hours of 5.30 a.m. to 11:00 p.m...; Condition No. 5 shall be
odified to state ...employees of the health club shall park on -site
it the adjacent parking structure; Condition No. 6 shall be modified
o state ...The Family Fitness Center shall provide parking free of
harge for up to two hours for its patrons...
Ayes
*Motion
was voted on, MOTION CARRIED.
Absent
-21-
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ENVIRONMENTAL DOCUMENT: Accept the
environmental document, making the following findings and
requiring the following mitigation measures:
in in
1. That an Initial Study has been prepared in compliance with
the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and Council Policy K-3.
That based upon the information contained in the Initial
Study, comments received,and all related documents, there
is no substantial evidence that the project, as conditioned
or as modified by mitigation measures identified in the
Initial Study,could have a significant effect on the
environment, therefore a Negative Declaration has been
prepared. The Negative Declaration adequately addresses
the potential environmental impacts of the project, satisfies
all the requirements of CEQA, and reflects the
independent judgement of the Planning Commission.
An Initial Study has been conducted, and considering the
record as a whole there is no evidence before this agency
will have the potential for an
that the proposed project
adverse effect on wildlife resources or the habitat upon
which wildlife depends. On the basis of evidence in the
record, this agency finds that the presumption of adverse
effect contained in Section 735.5(d) of Title 14 of the
California Code of Regulations (CCR) has been rebutted.
Therefore, the proposed project qualifies for a De Minimis
Impact Fee Exemption pursuant to Section 753.5(c) of Title
14, CCR.
Mitigation Measures:
There are no mitigation measures for this project.
.22-
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CITY OF NEWPORT BEACH
Se tember 23 1993
INDEX
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ROLL
B. GENERAL PLAN AMENDMENT NO, 93-2(D): Adopt
Resolution No.236. recommending City Council approval
of General Plan Amendment No. 93-2(D).
C. TRAFFIC STUDY NO 87 Accept the traffic study making
the following findings:
1. A traffic analysis in conformance with the Traffic Phasing
Ordinance has been performed and accepted. The traffic
analysis was based on the projected street system and
projected traffic volumes one year after completion of the
project or portion of the project for which the traffic
analysis was ,performed. The traffic analysis has shown
that, at that time, the additional traffic generated by the
project, or portion of the project, including any approved
trip generation measures will neither cause nor make worse
an unsatisfactory level of traffic service on any "major,"
"primary -modified," or "primary" streets.
D. USE PERMIT NO. 3509:
Findings•
1. That the proposed development is consistent with the Land
Use Element of the General Plan, and is compatible with
the surrounding land use.
2. That adequate parking exists on -site for the proposed
development.
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.
4. That the establishment of the health club will not have any
significant environmental impacts.
-23-
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CITY OF NEWPORT BEACH
That the granting of Use Permit No. 3509 will not be
contrary to the purpose of Chapter 20.06 of the Municipal
Code and will not be materially detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
That the proposed development shall be in substantial
conformance with the approved plot plan and floor plans,
except as noted in the following conditions.
That all signs shall conform to the provisions of the Sign
Code.
No person shall perform or administer a massage, or
advertise to provide massage services at the subject
establishment. Should the applicant desire to provide
massage services, an amendment to this Use Permit shall
be required in addition to other the applicable
requirements of Chapter 550.
That the hours of operation shall be limited between the
hours of 5:30 a.m. to 11 p.m. on week days and 8 a.m. to it
p.m. during the weekend, unless an amended use permit is
approved by the Planning Commission.
That all employees of the health club shall park on -site in
the adjacent parking structure.
That Family Fitness Center shall provide parking free of
charge for up to two hours for its patrons parking in the
parking structure located at 600 Newport Center Drive.
That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
-24-
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the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, causes injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of this
community.
8. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
i i f
Site Plan Review No 66 (Public Hearing)
item No.8
Req t to approve a site plan review so as to allow the
SPR 66
contra 'on of 12 detached single family dwellings on property
TTM 14533
located in he Harbor View Hills Planned Community. The
proposal als includes a modification to the Harbor View Hills
Cont Id
Planned Co pity District Regulations, so as to allow the
to
10/7/93
construction of a and wall along the exterior perimeter of the
proposed developme , portions of which exceed 8 feet in height,
up to a maximum 10 f 6 inches.
D
B. Tentative Map of Tract No. 33 Pu tic Hearin
Request to subdivide 9.2 acres of Ian ' to 12 numbered lots for
single family residential development, 6 ttered lots for private
landscape purposes, i lettered lot for a pub ark site, i lettered
lot for public landscape purposes and i lett ed lot for future
MacArthur Boulevard right-of-way, in the H or View Hills
Planned Community.
LOCATION: A portion of Block 92, twine's Sub 'vision,
located at 2001 Newport Hills Drive est,
on the northwesterly side of Newport 'Is
Drive West, between Port Wheeler Place an
-25-
12
Planning Commission Meet.. a September 23 1993
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: A General Plan Amendment 93-2(D)(Public Hearin¢)
Request to amend the Land Use Element of the General Plan so as
to allow an additional 3,805 square feet (to a total of 1,284,134 square
feet) to property located at Block 600 Newport Center. The proposal
also includes the acceptance of an environmental document.
B. Traffic Study No 87 (Public Hearing)
Request to approve a traffic study so as to allow the conversion of
approximately 14,445 square feet of existing general office space and
restaurant space to athletic club purposes. The proposal also includes
the construction of 3,805-+- square feet of additional floor area, to be
used in conjunction with the proposed athletic club.
AND
B Use Permit No 3509 (Public Hearinel
Request to permit the establishment of an 18,250 square foot athletic
club on property located in the APF-H District. The proposal also
includes a request to establish the parking requirement for the athletic
club based on a demonstrated formula.
LOCATION: A portion of Lot 22, Tract No. 6015, located at 600 Newport Center
Drive, on the northerly side of Newport Center Drive between Santa
Cruz Drive and Santa Rosa Drive, in Newport Center.
ZONE: APF-H
APPLICANT: Family Fitness Center, Carlsbad
OWNER: The Irvine Company, Newport Beach
lY
TO: Planning Commission - 2
ADnh� cat'°ns
This is a request to permit the establishment of an 18,250 square foot health club in existing
vacant space in the building located at 600 Newport Center Drive. Of the 18,250 square
feet, 3,805 square feet is new construction, 9,650 square feet is the conversion of restaurant
space and 4,795 square feet is the conversion of commercial office space. A use permit is
requested as a health club is a conditional use in the APF-H zoning district. A general plan
amendment is required to allow an additional 3,805 square feet of development at Newport
Center Block 600, as the site is currently developed at its general plan allocation of
1,280,329 square feet. Approval of the General Plan Amendment will allow a total of
1,284,134 square feet of development for Block 600. Council Policy Q-1 outlines procedures
for amending the General Plan. Council Policy S-1 provides administrative procedures for
the Traffic Phasing Ordinance which is contained in Chapter 15.40 of the Municipal Code.
Use permit procedures are set forth in Chapter 20.80 of the Municipal Code.
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and Council Policy K-3, an Initial Study was prepared for the proposed project.
The Initial Study determined that there is no substantial evidence that the project may have
a significant effect on the environment. Therefore, a Negative Declaration was prepared
for the project. If the Planning Commission concurs with the analysis and conclusions in the
Negative Declaration, CEQA requires that certain findings must be adopted prior to project
approval. These findings are contained in Exhibit "A". If the Planning Commission
determines that the Negative Declaration does not adequately address the requirements of
CEQA, or that the project may have a significant adverse effect on the environment, action
on this item should be continued and staff directed to revise the Initial Study to reflect the
determination of the Commission.
Conformance with General Plan
The Land Use Element of the General Plan designates the site Administrative, Professional
and Financial Commercial. The proposed health club is allowed under this designation.
The Land Use Element allocates 1,280,329 square feet of commercial development for the
site which is the square footage currently developed at Block 600 Newport Center. In order
to allow an additional 3,805 square feet of development, it is necessary to amend the Land
Use Element of the General Plan so as to allow a total of 1,284,134 square feet of
development.
Subject Property and Surrounding Land Use
The subject property is located in a commercial district and is surrounded by commercial
uses. The proposed tenant space is in an existing structure which contains a single floor of
commercial uses and a parking garage above and to the rear. The subject property is
adjacent to a high rise office building and surrounded by the Newport Center and Fashion
/-5J
TO: Planning Commission - 3
Island developments. The closest residential area is Big Canyon which is situated to the
north of the subject property, approximately 1,000 feet away and across San Joaquin Hills
Road.
AnTlvsis
The proposed addition is to the tenant space previously occupied by the Paradise Cafe and
commercial office use in Block 600 Newport Center. The tenant space is currently vacant.
The initiation of GPA 93-2(D), which was approved by the City Council on July 26, 1993,
requested 5,000 square feet of additional development. After initiation of the GPA, the
amount of requested development was revised downward to 3,805 square feet to reflect the
final
antplans
space of 14,445 square feet for a total tenant space e 3,805 square oof 18,tion will be to n existing
250 square feet
ten
The proposed health club will occupy the entire 18,250 square foot tenant space and will
contain fitness equipment, aerobics, free weights, cardiovascular equipment, showers, saunas
and a juice bar. Aerobic classes will be offered. Baby sitting for clientele while they utilize
the fitness center will be provided.
The health club will be operated by Family Fitness Center which currently operates over
sixty fitness centers in Southern California. The proposed hours of operation are from 6
a.m. to 11:00 p.m. weekdays and 8:00 a.m. to 8:00 p.m. during the weekend. Twelve
employees will staff the health club.
There are currently no plans to provide a massage technician. If Family Fitness Center
provides massage services in the future, the project is conditioned so that the applicant will
be required to obtain approval of an amendment to the use permit (see Exhibit "A",
condition no. 3).
There are no changes proposed to the existing setbacks as the proposed addition will fall
within the existing drip line of the building. There are no changes proposed to the height
of the structure as there is a portion of a parking structure above the tenant space. The
attached site plan and floor plan illustrate the proposed layout of the facility (see
Attachment).
Ofi" Stree* Parkine Requirements
The "H" Combining District does not specify a parking standard for a health club. When
a parking standard is not provided in the Zoning Code, the procedure for establishing a
parking standard is to base the standard on a demonstrated formula. Through the use
permit process, the parking standard is determined.
According to the parking study provided by the traffic consultant, a similar facility at Los
Alamitos generated a demand of 6.2 parking spaces for each one thousand square feet. The
proposed square footage of the Family Fitness Center at 600 Newport Center Drive is
TO: Planning Commission - 4
18,250 square feet. Applying the demonstrated parking formula of 6.2 parking spaces for
each one thousand square feet would require 113 parking spaces. The City Traffic Engineer
concurs with this parking analysis.
According to a parking study provided by the traffic consultant, the parking structure at 600
Newport Center Drive contains 1,099 parking spaces. Of these spaces, 730.are required by
the office space utilizing a parking pool concept as established by Use Permit No. 1805.
Staff believes the parking requirement of 113 spaces recommended by the traffic consultant
is adequate for the proposed fitness center, therefore a total of 843 spaces are required for
600 and 610 Newport Center Drive. Based on the existing parking supply, there is sufficient
parking for the proposed health club. Also, peak parking demand for the health club will
not coincide with peak parking demand for office use.
Tenants utilizing the parking garage at 600 Newport Center Drive are currently charged for
parking. If Family Fitness Center decides not to validate the parking of its patrons, staff is
concerned that patrons may park in nearby parking areas that are free of charge, such as
the parking area for Fashion Island. If the Planning Commission believes this is a
significant concern, a condition of approval could be attached to the use permit requiring
the applicant to provide free parking to patrons (see Exhibit "A", condition no. 6).
Traffic Studv
Newport Beach City Council Policy S-1, Administrative Procedures for Implementing the
Traffic Phasing Ordinance, requires that all commercial projects with an average daily trip
generator of more than 130 daily trips prepare a traffic analysis. The Traffic Phasing
Ordinance of the City of Newport Beach requires that an analysis using the Intersection
Capacity Utilization Method (ICU) be prepared for each leg of an intersection where traffic
projected one year after project completion will be increased 19o' or greater by traffic
generated from the project during any a.m. or p.m. 2.5 hour peak period.
Traffic Study No. 87 was prepared according to the City's Traffic Phasing Ordinance. The
traffic study shows that the project will generate a total of 730 vehicular trips on a daily
basis of which 30 occur during the AM peak period and 65 during the PM peak period.
Two intersections were identified as intersections where traffic generated'from the project
will increase at the intersection 1% or greater. Analysis using, the ICU method conducted
on the two intersections showed that traffic generated from the project will neither cause
nor make worse an unsatisfactory level of traffic service on any "major," "primary -modified,"
or "primary" streets. According to the study, the project is not anticipated to have a
significant impact on the capacity of the City's circulation infrastructure.
Specific Findings:
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any
use permit, the Planning Commission shall find that the establishment, maintenance or
operation of the use or building will not, under the circumstances of the particular case, be
TO: Plan. ng Commission - 5
detrimental to the health, safety, peace, morals, comfort, and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental or injurious
to property and improvements in the neighborhood or the general welfare of the City.
Council Policy S-1, Administrative Procedures for Implementing the Traffic Phasing
Ordinance, states that the Planning Commission shall review the determination and
recommendations of the Traffic Engineer and the Planning Department, at a duly -noticed
public hearing, and make one of several findings. Exhibit "A", Traffic Study No. 87 provides
the applicable finding.
No specific findings are required for a general plan amendment.
Should the Planning Commission wish to approve this application, appropriate findings and
conditions in conjunction with the applicant's request are set forth in the attached Exhibit
"A". However, if the Planning Commission desires to deny this application, the findings set
forth in the attached Exhibit "B" are provided.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By d c t I
Leslie J.
Assistant
Attachments:
Exhibit "A : Findings and Conditions for Approval
Exhibit "B": Findings and Conditions for Denial
Location map
Negative Declaration
Traffic Study No. 87
Resolution No. [GPA 93-2(D)]
Site Plan and Floor Plans
TO: Planning Commission - 6
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO.3509
GENERAL PLAN AMENDMENT 93-2(D)
A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making
the following findings and requiring the following mitigation measures:
Findings:
1. That an Initial Study has been prepared in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and
Council Policy K-3.
2. That based upon the information contained in the Initial Study, comments
received,and all related documents, there is no substantial evidence that the
project, as conditioned or as modified by mitigation measures identified in the
Initial Study,could have a significant effect on the environment, therefore a
Negative Declaration has been prepared. The Negative Declaration
adequately addresses the potential environmental impacts of the project,
satisfies all the requirements of CEQA, and reflects the independent
judgement of the Planning Commission.
3. An Initial Study has been conducted, and considering the record as a whole
there is no evidence before this agency that the proposed project will have
the potential for an adverse effect on wildlife resources or the habitat upon
which wildlife depends. On the basis of evidence in the record, this agency
finds that the presumption of adverse effect contained in Section 735.5(d) of
Title 14 of the California Code of Regulations (CCR) has been rebutted.
Therefore, the proposed project qualifies for a De Minimis Impact Fee
Exemption pursuant to Section 753.5(c) of Title 14, CCR.
Mitigation Measures:
There are no mitigation measures for this project.
B. GENERAL PLAN AMENDMENT NO, 93-2(D): Adopt Resolution No.-_,
recommending City Council approval of General Plan Amendment No. 93-2(D).
C. TRAFFIC STUDY NO, 87 Accept the traffic study making the following findings:
1. A traffic analysis in conformance with the Traffic Phasing Ordinance has been
performed and accepted. The traffic analysis was based on the projected
street system and projected traffic volumes one year after completion of the
19
TO:
Planning Commission - 7
D.
project or portion of the project for which the traffic analysis was performed.
The traffic analysis has shown that, at that time, the additional traffic
generated by the project, or portion of the project,dricluding any approved trip
generation measures will neither cause nor make worse an unsatisfactory level
of traffic service on any "major," "primary -modified," or "primary" street.
USE PERMIT D 3509:
in in
Il
h the Lan
Use
1. the at the proposed
General Plan, and isocompatible with the sment is consistent urrounding g lElement of
and use.
2. That adequate parking exists on -site for the proposed development.
3. That the easement design
acqui acquired the
theproposed
public atlargeimprovements
accessac essnot
th through orwith
use f
property within the proposed development.
4• That the establishment of the health club will not have any significant
environmental impact.
5. That the granting of Use Permit No. 3509 will not be contrary to the purpose
of Chapter 20.06 of the Municipal Code and will not be materially detrimental
to the health, safety, peace, morals, comfort and general welfare of persons
residing and working in the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or the general welfare of the
City.
Conditions:
1 th the
That
proposed
shall
be
in substantial
noted ance l
approved ed plot plan floor plans except as nthe flowing
conditions.
2. That all signs shall conform to the provisions of the Sign Code.
3. No person shall perform or administer a massage, or advertise to provide
massage services at the subject establishment. Should the applicant desire to
provide massage services, an amendment to this Use Permit shall be required
in addition to other the applicable requirement of Chapter 5.50.
4. That the hours of operation shall be limited between the hours of 6 a.m. to
11 p.m. on week days and 8 a.m. to it p.m. during the weekend, unless an
amended use permit is approved by the Planning Commission.
M
TO: Planning Commission - 8
5. That all employees of the health club shall park on -site.
6. That Family Fitness Center shall provide parking free of charge for its patrons
parking at the parking structure located at 600 Newport Center Drive.
7. That the Planning Commission may add or modify conditions of approval to
the use permit, or recommend to the City Council the revocation of this use
permit, upon a determination that the operation which is the subject of this
use permit, causes injury, or is detrimental to the health, safety, peace, morals,
comfort or general welfare of this community.
8. That this use permit shall expire if not exercised within 24 months from the
date of approval as specified in Section 20.80.090A of the Newport Beach
Municipal Code.
' TO: Pla--- ing Commission - 9
EXHIBIT 'B"
FINDINGS FOR DENIAL
USE PERMIT NO.3509
in in
1. That the establishment, maintenance or operation of the use of the building applied
for will, under the circumstances of the particular case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons residing or worldng in
the neighborhood and the general welfare of the City, inasmuch as the proposed
development could result in a significant increase in the intensity of use of the
subject property.
ATTACHML, P
Vicinity Map
G P A 93 - 2D
�. ,. yrx
2•*F�:F �y
2 ;ci.,.
.'.FWOO
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WPM�:4vS2.
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Ativa��hnnFp (/,y
June 1, 1993 +W p
ATTACHMENT
P T H�CIrff OF NEWPORT BEACH
4` #-J 1 U 1993 3300 Newport Boulevard - P.O. Box 1768
% Newport Beach, CA 92659-1768 - (714) 644-3225
GARYL.GRANPILLE,Count Mark NEGATIVE DECLARATION
To:
office of Planning and Research
❑
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Orange
Public Services Division
P.O. Box 838
Santa Ana, CA 92702
FtLEi)
SAP 10 1993
GARYI. GRANYILLE, County
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92659-1768
(Orange County)
Date received for filing at OPR:
Publicreviewperiod Spptpmhpr In f1rtnher 4, 1993
Name of Project: Family Fitness Center - GPA 93-2(D)/UP 3509/Traffic Study No. 87
Project Location: 600 Newport Center Drive, Newport Beach
A proposal to construct 3,805 sq.ft. to an existing structure. The
Project Description: additional square footage requires an amendment to the Land Use
Element of the General Plan. The addition and existing tenant space
of 14,445 sq.ft. will result in a 18,250 sq.ft. area to be used as
an athletic club. The use requires a use permit.
Flndlug: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the
California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and
determined that the proposed project will not have a significant effect on the environment.
A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include
mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered
by the decision -makers) prior to final action on the proposed project. If a public bearing will be held to consider this
project, a notice of the time and location is attached.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing
prior to the close of the public review period. Your comments should specifically identify what environmental impacts you
believe would result from the project, why they are significant, and what mitigation measures you believe should be adopted
to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited
to attend and testify as to the appropriateness of this document.
If you have any questions or would like further information, please contact the undersigned.
0-c fib Date
John ouglas, MCP
En i kn ental Coordinator
Revised I1i91
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��qry pRT CITY OF NEWPORT BEACH
p4 6� PLANNING\BUILDING DEPARTMENT
330 NEWPORT BOULEVARD
q�� oars NEWPORT BEACH, CA 92658
(7x4)644 52oo; FAX (714) 644 525o
Hearing Date:
Agenda Item No.:
Staff Person:
Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: Mike Arvanetis, dba Newport Workout
747 Dover Drive
June 20, 1996
Genia Garcia
644-3200
14 days
PURPOSE OF
APPLICATION: Establish a personal fitness training facility offering: one on one personal
fitness training, member use gym, and limited fitness classes in a previous
bank facility, on property located in the APF-H District.
REQUIRED
APPROVALS: Hold hearing; if desired, approve, modify or deny:
• Use Permit No.3585
LEGAL
DESCRIPTION:
ZONE:
OWNER:
• Environmental Compliance (California Environmental Quality Act)
Determined that it is categorically exempt under Class I (Existing Facilities).
• Conformance with the General Plan
The Land Use Element of the General Plan designates the site for "Administrative, Professional
and Financial Commercial" uses. A take-out restaurant is considered a support retail use, a
permitted use within this designation. The Land Use Element has also established area specific
land use policies throughout the City. These "area" policies set a site -by -site floor area.
USE, MODIFY OR DISCARD THEFOLLOW17VGPARAGRAPH
It should also be noted that the proposal involves the conversion of retail commercial area, a
base FAR use, to a take-out restaurant, a reduced FAR use, which increases the weighted floor
area ratio by 905f sq.fi. (2,255f sq.ft. - 1,350f sq.ft. = 905f sq.ft.) based on the particular
uses. Given that the application is for a partial renovation of an existing building, the F.A.R.
I
0
Planning Commission Meeting September 7. 1989
Agenda Item No. 2
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT. Use Permit No 3359 (Public Hearing)
Request to permit the establishment of a personal fitness training
facility offering: one on one personal fitness training, aerobics,
member use gym, tanning and retail shop for exercise and active
wear apparel on property located in the C-O-H District. The
proposal also includes an Exception to the Sign Code so as to allow
the installation of two identification wall signs where the Zoning
Code allows only one wall sign for each business in a multi -tenant
building.
LOCATION: Lot 7, Tract 4824, located at 1080 Irvine Avenue, on the
northeasterly corner of Irvine Avenue and Westcliff Drive, in the
Westcliff Shopping Center.
ZONE: C-O-H
APPLICANT: Magic Movement Inc., Costa Mesa
OWNER: Irvine Retail Properties Company, Newport Beach
This is a request to permit the establishment of a personal fitness training facility
offering: one on one personal fitness training, aerobics, member use gym, tanning and
retail shop for exercise and active wear apparel on property located in the C-O-H
District. The proposal also includes an Exception to the Sign Code so as to allow the
installation of two identification wall signs where the Zoning Code allows only one wall
sign for each business in a multi -tenant building. In accordance with Section 20.30.020
of the Newport Beach Municipal Code, recreational establishments are permitted in any
commercial district, subject to the securing of a use permit in each case. Use permit
procedures are set forth in Chapter 20.80 of the Municipal Code. Exceptions to the
Sign Code are provided in Chapter 20.06 of the Municipal Code.
TO: Planning Commission - 2
Environmental Significance
This project bas been reviewed, and it has been determined Lt it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
1 (Existing Facilities).
ith the General Plan
The Land Use Element of the General Plan designates the site for "Retail and Service
Commercial" use. The proposed fitness center is allowed under this designation. The
Land Use Element has also established area specific land use policies throughout the
City. These "area" policies set a floor area ratio (FAR.) development limit of 0.3 FAR
on the subject property. Given that the application is for a renovation of an existing
building with no additional square footage, the proposed development is consistent with
the requirements of the Land Use Element of the General Plan policies and guidelines.
MlWI
The subject property is located in the Westcliff Shopping Center which includes a Hughes
Market, a Sav-On Drug store, and a mixture of smaller commercial uses. The proposed
tenant space is a portion of the existing space occupied by Newport Balboa Savings which
is being vacated by the current tenant. The remaining portion of the tenant space will
be converted to additional retail space for the shopping center. The proposed facility
will occupy approximately 7,500± sq.ft. To the north, and to the east of the Westcliff
Plaza Shopping Center, across Rutland Road are residential uses; to the south, across
Westcliff Drive, is a mixture of office, retail, and other commercial uses; and to the
west, across Irvine Avenue, are residential and commercial uses in the City of Costa
Mesa.
1- � . 4
The City Council, at its meeting of September 11, 1962, approved Tract Map No. 4824,
creating the 17 lots in the Westcliff Shopping Center. Lots No. 1 through 16 contain
commercial uses, and Lot No. 17 consists of the common parking lot and related
vehicular access drives for said commercial lots. The map was recorded on December
27, 1962. The Westcliff Plaza shops were then developed on the site.
On September 8, 1983, the Planning Commission unanimously approved Lot Line
Adjustment No. 83-1, which was a request to relocate certain lot lines in Tract'No. 4824
in order to permit the expansion of the Sav-On Drug store. Upon the completion of
the Sav-On expansion, Westcliff Plaza contained approximately 108,100± square feet of
retail and office space and 434 parking spaces. Based on Section 20.30.035 of the
Municipal Code, the retail and office uses would have generated a demand for 433
parking spaces (108,100 sq.ft. divided by 250 = 432.4, or 433 parking spaces). The
Westcliff Plaza parking lot had 434 parking spaces at that time. Thus, there was one
surplus parking space (434 - 433 = 1 space).
TO: Planning Commission - 3
On October 24, 1985, the Planning Commission approved use Permit No. 3171, which
permitted the establishment of a 1,300± sq.ft. take-out restaurant specializing in baked
goods. The Planning Commission waived any requirement for parking in addition to
that required for the previously existing retail use with the finding that the take-out
restaurant did not represent an intensification of use that would generate an increased
demand for parking.
On February 26, 1986, the Planning Commission approved Use Permit No. 3190 which
permitted the establishment of a take-out frozen yogurt shop within the Westcliff Plaza
Shopping Center. The Planning Commission made the finding that the proposed facility
would adequately be served by the on -site parking. The required parking for the facility
was determined to be 22 parking spaces. The total on -site parking at that time was 459
parking spaces, which resulted in a surplus of 8 parking spaces.
Analysis
The applicant is requesting to allow the establishment of a personal fitness type health
club which will cater to business persons and residents in the area. The facility will
operate as a basically one-on-one instructional training with some aerobics classes. The
applicant currently is in operation in the City of Costa Mesa, located at 462-C East 17th
Street, which is located less than a mile west of the proposed facility. The applicant is
proposing to relocate in order to expand his current facility and thereby expand the
number of members which can be served. The facility will be comprised of. a retail
sales area fronting the interior of the Westcliff Plaza Shopping Center, locker and shower
facilities, tanning beds, and offices totalling 3,200± sq.ft.; gymnasium area of 1,552±
sq.ft.; aerobics room of 1,880± sq.ft.; a personal training area of 525± sq.ft.; and a lobby
consisting of 310± sq.ft. The square footage of the proposed fitness center will total
7,500± square feet.
Hours of Operation
The fitness center will operate from 6:00 am. to 9:00 p.m. daily. The major peak use
hours of the facility are from 6:00 am. to 10:00 a.m. and from 5:00 p.m. to 9:00 p.m.
daily. With the exception of Hughes Market which is open 24 hours, Katie Macguires
which opens at 7.00 a.m., and Crown Hardware which opens at 8:30 am., the majority
of the retail uses in the shopping center open at 10:00 a.m. and many close between
6:00 and 7:00 p.m. Inasmuch as Hughes Market is open 24 hours a day, staff has no
objections to the proposed facility opening at 6:00 a.m, for personal training; however,
staff does object to the beginning of any aerobics classes prior to 8:00 a.m..
The aerobics classes are made up of approximately 18 to 30 persons and there are
approximately seven to eight one hour classes per weekday. According to the applicant,
the morning classes before 10:00 am. and evening classes after 5:00 p.m. are most in
demand and may have up to 30 persons in attendance. The midday classes are rarely
full and may have as many as 18 persons in attendance. Staff is concerned that the
traffic generated in the morning hours may cause a noise problem due to the proximity
of the residential uses. Staff has thereby suggested that a condition of approval be added
TO: Planning Commission - 4
which will require that the applicant restrict the aerobics classes to after 8:00 am..
Should a problem arise related to the traffic noise generated by the facility, the Planning
Commission has the power to review Use Permit No. 3359 to modify or add additional
conditions to relieve the problem (Condition of Approval No. 9 in attached Exhibit "A" ).
Off -Site Parking Requirement
The Zoning Code does not include a specific parking standard for recreational
establishments or health clubs. The previous use in the proposed facility required 30
parking spaces based on a requirement of one parking space for each 250 square feet
(7,500 sq.ft. divided by 250 = 30 parking spaces). Staff is of the opinion that given the
parking available to the previous use and the hours of operation of the proposed facility,
there will be no conflict for the available on -site parking.
Subsequent restriping of the parking lot has resulted in a loss of two parking spaces
since approval of Use,Permit No. 3190. There are currently 457 parking spaces located
on -site according to the plan submitted. However, there are approximately 50 parking
spaces which the fitness center proposes to utilize located directly behind the proposed
facility. This will leave the majority of the parking lot available for the patrons of the
shopping center. The approval of Use Permit No. 3190 required that a minimum of 22
parking spaces be provided on -site for the proposed take-out facility. This requirement,
deducted from the remaining surplus parking, resulted in a residual surplus of 6 parking
spaces. Staff observed on Tuesday August 28, 1989, at 10:00 a.m. approximately 25
vacant parking spaces in the rear parking lot of the proposed site, and in the main
portion of the parking lot in front of the proposed facility were approximately 150 vacant
parking spaces. On Thursday, August 31, 1989, at 12:15 p.m. approximately 20 vacant
parking spaces were available in the rear parking lot, and in the main parking lot in
front were approximately 80 vacant parking spaces. Staff is of the opinion that adequate
parking is available on -site to meet the needs of the proposed and the existing uses
inasmuch as the peak hours of the fitness center do not overlap the hours of the existing
retail uses.
The applicant is proposing two wal
Zoning Ordinance permits only one
facility is unique in that it fronts 01
has no objections to the two signs
frontage. The signs will be similar
sign program. However, staff sugg4
parking lot not be illuminated due
Specific Findings
signs (17.5 sq.ft. each) for the facility where the
sign per business in a multi -tenant building. The
the shopping center and on Rutland Road. Staff
proposed inasmuch as the facility does have dual
in size and design to those of the shopping center
sts that the identification sign adjacent to the rear
o the proximity of the adjoining residential uses.
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant
any use permit, the Planning Commission shall find that the establishment, maintenance
or operation of the use or building applied for will not, under the circumstances of the
TO: Planning Commission - 5
particular case, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing or worldng in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City. Should the Planning Commission wish to approve Use
Permit No. 3359, the findings and conditions of approval set forth in the attached Exhibit
"A" are suggested. Should the Planning Commission wish to deny Use Permit No. 3359,
the findings and conditions of approval set forth in the attached Exhibit "W are
suggested.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By-7�,�.�
JAVIER S. GARCIA --W4-
Senior Planner
Attachments: Exhibit "A"
Exhibit "B"
Vicinity Map
Letter of Purpose from Applicant with Attachments
Letter from John D. O'Donnell to Donahue Schriber,
Chairman of the Board of the property management
company which manages Westcliff Plaza Shopping Center
Signs Plot Plan, Specifications and Elevation
Plot Plan, Proposed Floor Plan and Elevations
JAY\SR\WP3359
TO: Planning Commission - 6
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO. 3359
Findines:
1. That the proposed application is consistent with the Land Use
Element of the General Plan and is compatible with
surrounding land uses.
2. That adequate parking exists on -site for the proposed
development.
3. That the proposed development will not have any significant
environmental impact.
4. That the proposed signs are necessary due to the location of
the proposed facility.
5. That the granting of this exception will not be contrary to the
purpose of Chapter 20.06 of the Municipal Code, and will not
be materially detrimental to the health, safety, comfort or
general welfare of persons residing in the neighborhood, or
detrimental or injurious to property or improvements in the
neighborhood or to the general welfare of the City.
6. That the approval of Use Permit No. 3359 will not, under
the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons
residing and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Conditions
1. That the proposed development shall be in substantial
conformance with the approved plot plan and floor plan.
2. That should the parking lot require restriping, the striping
shall be marked with approved traffic markers or painted
white lines not less than 4 inches wide and shall be approved
by the City Traffic Engineer.
TO: Planning Commission - 7
3. That the noise from the music associated with proposed
aerobics classes shall be confined to the interior portions of
the building and the doors to the rear of the property shall
remain closed at all times.
4. That the hours of operation for the facility shall be limited
to the hours between 6:00 am. to 9:00 p.m. daily , provided
that aerobics classes shall be not begin prior to 8:00 am.
5. That the proposed signs for the facility shall be of similar
design as those approved for the Westcliff Plaza Shopping
Center sign program. The identification sign .adjacent to the
rear parking area shall not be illuminated.
6. That all mechanical equipment and trash areas shall be
screened from Rutland Road and adjoining properties.
7. That no outdoor sound system shall be utilized on -site.
8. That all employees shall park on -site to the rear of the
facility at all times.
9. That the Planning Commission may add or modify conditions
of approval to this use permit, or recommend to the City
Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the
community.
10. This use permit shall expire unless exercisedwithin 24 months
from the date of approval as specified in Section 20.80.090A
of the Newport Beach Municipal Code.
ti
TO; Planning Commission - 8
EXHIBIT'B"
FINDINGS FOR DENIAL OF
USE PERMIT NO. 3359
1. That the proposed development is recreational in nature and
renovation of an existing commercial structure would be an
intensification of use that will significantly increase the
parking demand for the area.
2. That the proposed facility will create traffic and related noise
problems for the nearby residential uses which may be
detrimental to the surrounding residents.
3. That the approval of Use Permit No. 3359 will, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons
residing or working in the neighborhood or to the general
welfare of the City.
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6318613
1 JUN-06-96 THU 16-30 RICHARD DICK 6318813
�-�-� RICHARD DICK
JJIA
33-3 &ASSOCIATES
FAX TRANSMISSION COVER
TO -- COMPANY:
FAX
•
DATE:
r
NUMBER OF PAGES
INCLtYDXNG THXS PA GE:
M1 Westcliff Drive, Newport -Beach, California 92660 (714) 642-6515, FAX: (714) 631-8813
P.01
JUN-06-96 THU 16:30 RICHARD DICK
6318813
P.02
-1-1-i RICHARD DICK
jjj & ASSOCIATES
June 6, 1996
VIA FACSIMILE 644-3318
City of Newport Beach
Traffic Department
Attn: Janet Divan
Dear Janet:
Please find attached two simplified and very rough lay outs of
my thought. At the very least, I think we all agree to take out
all the teller islands. Obviously0 we have deficiencies if we
close the drive near Dover and try to have two way traffic in the
existing driveway. I don't believe we have enough space to
accomplish that. Therefore, the other plan would be to have a two
way drive and a drive through with a bend. Give me a call and we
can discuss it further.
Thank you for all your help.
Ve tr ly yours,
Richard Dick
RND/ dd
1711 Westcliff Drive, Newport Beach, California 92660 (714) 642-6515, PAX: (714) 631-8813
Y
VICINITY MAP
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�DOVER DRIVE
wILI
51TE. PLAN
N
747 DOVER DRIVE NEWPORT BEACH CALIFORNI
s
NOTICE OF PUBLIC HEAPING
h1,tity is hereby given -that the Planning Conrt:iss-ion of the City
of Nv,:port Beach will ;.old a public hearing on, the application of
Bank of Newport
for a '❑ variance ❑ Use Permit
0 fi-esubdivis(on 654 ❑ Tentative lisp Tract
on property located at 745 Cover Drive, Ifrwoort Beach
to pa=niac create three parcels of land for connercial development, the
acceptance of an offsite parking agreen•ent for a portion of the required
parking spaces for the Bank of Newport complex, and the -acceptance of an
Environmental Document.
Notice is hereby further given that said public hearing will be -
huld on the 24th day of� April 19 60 at the hour
of _7: 30_-_-2-11. in the Council Chambers of the Newport Beach
t.d ty Ilall, at which Lim(- and place any and all persons interested
may app,•ar and be heard thereon.
Debra Allen, Secretary,
Planning Commission
City of hewport Beach -
VUBLiCAfiON DATE: ,
11c"lved for Pub.
A,f '
A+ito: Thr- expense; of thi's notice is, p4i'd froin-A •ff:jin(j;feq --
r ,faPl dS:rd, frost .the aoa i'i-cdnt,;;,ct ;,r.f- - ,
Arming Commission Mde`tIhgjeA 1 1 24_ 1o1B0_^`�.
Agenda item No. 6
- - CITY OF NEWPORT BEACH' '
April 17, 198d' ' a ,
10: "dlandfi 6g 'Cgmmf sifon
'FftOH: ?Planning=Departmdnt
SUBJECT!-"R'esobdiyisiotr No. 654 (Public Mailing) '
Request to create three parcels -'of land for
Commercial development,-th'e aeceDtahie of an
offsfte' parking agreement for y,Dortfon 'of the
required parking -spaces for the•Bink of Newport
complex, and the acceptance of an Environmental
Document. -
LOCATION; Lot 148, Tract No. 1218, leerted at 745,Dover
Drive; on the westerly ride of Dover Drive, southerly
of 16th Street,
ZONE: A_p_H
APPLICANT: ° Bank ofHeWport. Newport Beach
OWNER: Lawrence 9,, Harvey,"et al, Corona del Mar
Application - -'
INis'applfcatiod 'regnesti approval of a resub'divis-fgn-so is to create
tNi^'i,PaedglVdf fin (fP6r'domme ec i al develo'mefit wh re -one Iot'eow'
exists. Rasubdiilsfon'RRroiidures.are outlined irCSedtion'19.12.040'T
Of
the'`ryewpoi� 'BaaWIdtiic'ipal- Code. ' - '
Thi appl'i'Ceti,01 a'IS6-reg'ue3,tf,''approval 6f ian off-06 parking'"'
agreeiatt� i>;or l8 prlrefon'oP tha ,rrequireA perktn fr�p8,fej,' d; th!- '
'Oink'o epp(goFk''fadifi'ty'bn,lNe adj'ofni'nd, prgperty: U aecoddaned '
Withil5 ctfW20.3tl.1b36'(0,f'of"the'Neivpo'rt' Bea2h'xuhtaipal"C68E,'the' IPlanning Commission shall not recommend and the City Council Bhalf not
approve offs treat parking on a separate lot ,from the building site,or,
sites unless:
'(N}`" Spdht`lot°is'soulodated ai'to'be useful'f6'2ooetctfar'
Wf h tQe'DfoposlQ,dsetodr
r-Ode£'o th bbildtngis�te l '
(b) Parking oo,such tot kibl not create, Undue traffic haxards'
in the, Surroundfng, area,
- :h'F. - ----. inn'--y.54.. e�-Uy ;, ,;o'•'^,"�1M1 m^r.i.t
;Pla.Opal,Commtssipn
Cc)
,. r
Such rot and the buf l'ding Site are in the same ownership,
or the owners of the building sites have a common ownership
In such lot, and the,oynerror owners.are entitled to the
Immediate possession and use thereof (ownership of -the
off -site lot must be ownership in fee or a leasehold interest
of a duration adequate to serve all proposed uses on the
_
building site or sites), ,
(d)
The owner or owners :ild the City, upon the approval of the
City Council, execute a wrT tten instrument or Instruments,
approved as to form and content by the City.Attorney, providing
for the maintenance of the required offstreet parking on such
lot for the du$ation,rof the proposad,use-or ;uses on the -
building site or sites. Should a ehia§o in use or additional
use be proposed, •the offs•treet parking regulations applicable
at•,tha time shai) apply.., Such,tpps,truments..shall be recorded
in the office of .fihe'Co4n,ty„RecoWr, and coptei thereof
filed,with,the Planni'09.-Department..,.
Environmental Significance
After an
Initial Study, it has been determined that this project will
not have
any significant env.Lronmental impact._ A Negative Declaration
has been
prepared, and is attached for Commission review.
Conformance with the Genaral.P"lan
The Land Use Element of the Gen_eral,Plan designates the site for
"Administrative., Professional, and -Financial Commercial" uses. The
proposed development falls, within the, uses permitted.
Subject Pr ---ram and Surrounding Land Use
The subjec rot to be resubdivided consists of the Raleigh Hi1Ts
Rahabirlitgtto,', Center with,,t,.rgnta�e;,on 16th, Strget,, ,the Dover Nadfca)
Duilddng t000lox with, froniana on Dover n�id.- .nd' .vf.H X ,:.r,.-m..�
st
s
ex;
and
om•'.
he
aU�r$eiios7,,-1�no.gt;aa@,family dwglCofa'cgdo`'p,);9thy;,aifQst'f2pwp_"'tE_(,I_r„�_.El4_
fe,westnt5 oieiqN�ha,,ch, l,
li��irrt „' .he r,ry nr .:•e . 'n •, . t s'i .
to 9F•'t Rt•; '. r I`rl ,� 1 „.-t;
Anal vsl s.. .• ..•,r.
The appllgant proposes rto xregte„three parcels.of tand,whtre opt lot
now oxistss Parcel rNq 1 thas,an„ riq.,of, 1,01 acres, and rcp0stst:
Of the axis>`ing Dover f�edical"8ui-�ding complex and relgpad:loffstreet
Parking 'spags. ,
, �f� E•, ^f{#eT) „r ¢„ .; h, ,z ..', ...i:,' ` jnr, •.•,..S^17 Q,c i-
zaVE `.w.., .. : ...."w•'. ., _.•C; ,"'�:`t`. .,..a6 ,..•'Aia,`f r'!"s"r�}`.Y*''.I
Planning Commission 3: ' '
Parcel t14. ;'!la9'4r.'4rga•of M 9 acres;. and i-s"a narrvw'L(A" - 284 ±'
wide), tilang0140 y-shaved parcei'betwdgh thb RaleigR Hf1-1i'
Rehabilitation Center and t e Bank of'. ewporticomplex (see location
on attached tentative parcel map). A portion of the required offstreet
parking spaces for the subject bank facili'tX ,and,& landscaped bluff "
between the two adjoining building sites now 'exist on Parcel No. 2.
The applicant is requesting that an offstreet parking agreement for a
portion of said ,p4rkgng spaces on the parrow,parcel for 'the bank use
be approved by the City. Detail; of this request are discussed below.,
parcel No3 coptains'l'.60 acres of landarea' 'that• cons•i=.ts'of the^
Raleigh Hills ,Rebabil'itati on Center buil'dings'ana' r04,ted offstreet
parking'spaces.
The ,purpose of this resdbdivisfod is to allow the Bapk of Newport
to utfliie Parcel Nos. 1 and'2 for its own purposes., 'The property
own t0 lease the subject parcels-to'the bank facility
fo 42 years o as to a11oN the Bank of •NewporP to, expand its
ope The bank is now leasing'office ,space •fi the existing
Dover Medical BgJ9ding located 'on ParnTIle. I -' Additional space
in the 'structure will be utilized by various departments of the bank
•as leases of existing tenants expire. Future development also
includes the relocation of the existing bank's drive -up telleapr Ca calf Ey
onto Parcel No. 1. However, this request will require- the proval of
a use pe?mit by the Planning Commission at a later date. '
Bank of Newport Parkino Spaces �
Building records indicate t hat t e 8a nk of Newport facility was
constructed on the adjoining pr perry in 1972. Twenty -Four (24)
offstreet parking spaces were eq ui red for the bank use, based upon
one parking space for each 00 sq.ft. within the buildings on
the property. The attached plot plan indicates that 34 parking spaces
are utilized by customers,and employees of the bank use. However,
a recent survey of the pro arty revealed that 19 of said parking spaces
were actually located' on the property being •r.esubdlvfded and not on the
bank site as •required. The, app-Licant is therefore requesting an offsite
Parking agreement .for the 9 additional required parking a7aces s: -
as to legalize an existing situation., Staff has —no 'Objections with
the applicant's request, inasmuch as the parking spates have been
util'i;ed by the bank facility "since 1974: :)'gn'ftnspoctlon of the area
indicated that -a physical barrier df a•'i,' - 20', w• h1•gh, landscaped '
bluff separates the'•Bank of Ned'podt''proper.ty'and�the 4ubjoct offsite
parking spapes';from;the adJo,Jhing,'Ral•e,lgh, ''H 1,1':1.5=•Reh$btlitatio❑ Center).
• 'Fprthermoney'the Parking 'spaeee are )daa.teG.on•'Parce,l alo. 2 of this
tentati le ;parcel,maps ,and the bank Vi•1••1,'ma�intdJ p• s tong term lease
- on the property. -
Specific Findl•nes and Suggestions
Section E9.12.020,(,D) of the Newport Beach _Municipal Code provides
thatin order to approve a resubdi",sion, the:Comnfssfon shall determine
that it is 3atisfted with the plan of sub-divislon, that the 'map is. -in -I' -
conformity wi-th the' requirements. ,of T•tbli19, a;l1•,-ordi6ances ot'tht
.and -alq applicable or
spet•1 f'(c'pdags:, ••
-',:
To: - �PTanllfYhD.Coa�issi qn -,4�, or -
4
i f, thR'P]anni n�,ftgagiision desires to approve thls.appj }cation. and the
related offsite pgrking agreggRnt, thg findiggs and condipto�js,of
approval as ;et fgrtth455n.Exh ipl t A are 'Spggested, '
PLANM lNG; tlEPARiMENT. ' .
JAMES D. pEWCW,'DIRECTOR
g DYp7`a6
as aYSoc .
4{ Cyrrent Planpipg,Adm istrator '
NRL/dtt
Attacots Exhlhtt.A "
- YicinttY clap .
Negative Declaration
Tentative Parcel Mrp '
Plot Plan of Bank of Newport facility
and offs, to parking spaces located on Parcel No. 2
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5. That Parcel No. 2 shall,be utilized for landscaping and. offstreet
parking purposes only.
6. That an offsite parking agredment shall be approved by -the City
Council guaranteeing that a minimum of 9.parking spaces shall be
provided on Parcel No, 2 of, this application,, for the duration
�. the Bank of Newport use on the property (that portion of
Lot 3, Tract No. 1125, located on the southwesterly corner
of Dover Drive and. 16th Street).
T, That there be a'document recorded satisfactory to •the O ty
Attorney and the Planning Director providing far the common
a'ccess'to'Dever Drive'and 16th Street and common parking
spaces for Parcel'Nos. 1 and 2 of this application and for '
the existing Bank of Newport property.
B. Vatuusi swooping of all. paved .parking .areas and drives, shall be
' 'provided on the subject property on a weekly basis,
9. The project shall' provide for the sorting of recycable material'
from other solid wastes. ,
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Of Approval
ReeubdAvisior•No.. 654;,-t(
A. FINDINGS-,. , y
1. .That the, map Meets the requlrememts ,of Titt e'_19 6i �the•Mewpokt
Beach Municipal Code, all ordfnances of thft Gaty'.a"il, appl4cable,
'general cr'sPecifie plans and the 'planning Comnii'ssipn is satisfied
Me
•the plan of su6di.visdon.
2. That the- proposed.resub&14Mom presents no probjemw, from a planning
standpoint., ,
3. That the proposed development is consistent with the Land Use
Vement-of'the General plam and is compaMbl&with surrounding
land uses, �. -
4. Tho project will not have -any significant envir'onmenttl impact.
S. The Police Department has indicated that they do not contemplate
any problems.
6. Thd'o'ffs'fte parking area adjoins the Bank of Ile--- pr'o Party
and has been utilized by the customers and employees of the l
-
7. The-offsite parking -spaces will not create undue traffic hazards
in the surrounding area.
S. The applicant will maintain a long term lease for the offsite
parking area.
9. The City Traffic Engineer has approved the proposed offsite
Parking arrangement.
B. 'CONObTIOHS OF APPROVAL
1. That a parcel map be fried'.
2. That 'all improvemepts be constructed as required ,by ordinance
and the public Works ,Department.'
3, That the remaining sidewalk along the Dover Driye frontage
t,^ be completed., and a standard, drive -apron be constructed at the
sogtherl'y drive.
4. That a standa-d subdivision agreement and atlZompanying . surey
be provided to guarantee the satisfactory completion'of the,',
public improvements if it is desired to obta•in.Buildin9 Permits '
or to record the Parcel Nap prior to completion, of the public
improvements. - -
F io
0
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�APri'1.24i980s;{':v�•;'aaJ*•:+ra�:::��±•vi"'7�}'.'.,. "A.�o...
x Ciry0 NewpQrt;''Beacfi
}; hQLL CALL INDEX
LOCATION:, "Lot1A8;;+Tract, tlo'. 1218;;';locate d's CONT1"-
:•'14• ; at, Dover: Drive, on the westerly Uff-7
side of Dover.Drive, southerly of Ff - ,
Stith Street.
ZONE: p_p'_ij c'•,
✓` APPLICANT: Bank of ttewport, Newport Beach
OWNER: Lawrence K. Harvey; 'et'a'1;`Corone
del Mar
In,response to' a•question' posed by Commissioner
Haidinger, ,lames tiew,icker, Planning Director, re-
i plied that there is an existing,office building
below the bank building 'that the 'Bank of Newport
has space i'n and as the lease's expire in that
building, they will,be taking over use of,said
building and,renoviCg the portion of it'which is
y in front..
Commissioner Beek stated his understanding that
this is actually a portion of the Raleigh Hills
property.•
Mr. Hewickor.commented that -the Bank "of Newport•
d+ v. is; requesting.;to'lease •the:office building. and
small parking •area.:<„'." ;'.,;':,. ,;.'.:•, ,, ."
*ati'on`, x Motion'was':Mad'e; to"6ontinue •this'•i'tem"to,`the're-
"Ayes„ ':' K x x x guIar PI anning.'ComM s s i a n meatfng';of May•22,'
Absent "1 * 1980.
Request•to change. the';operational,characteristics Item 7
t, of the existing„Puffin!s Restaurant,�facii'i.ty, in,
the'•C-r-District•,to ,include ,the; service of beer;' SE r. P-
One,
q to
LOCATIO :',itlots'•t5„,and;'6'; Block"Pr7rAeL'No, „' r•'{'.'
;;t:•,,.;',, 4,r••yr 23;,,1oc6'ted^et•.3050,iEast;CoSst.r.y APPRO': D
nortficasCer.ly,"eo,r,=" "C6Alrf:
Hi h •1'TbKAt_ ' i_v
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'S:.":^r�: `F,�,,r.F,Wiv ".�.1yy. i r� ��n��:�.-,i'•'iii•!'. 9j'r,'.�:2,%• f.',-!,''i' '�..j.�i;,R,1 -a �L .._*: .yr
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PtanIn ng Commission'
Mlif4(�'
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1980
Agenda
item
No. f
s
"o
" 'CITY OF- NEWPORT
BEACH
}
April
17, 1980
TO: Planning Commission +W'.�dT
+na , i;'Y;65
'FROM: P1an6ing Department .A&Ota
SUBJECT: Resubdivision No. 554 (Public Hearino)'•V $i
b.I ?•u
Request to create three parcels of land4fd'eu
comniercial development, the acceptance df a�n
offsite parking agreement for a portioneeffthe
required parking spaces for the Bank ofLN&Oort
complex, and the acceptance of an Environmental
Document. i}p:
LOCATION: Lot 148, Tract No. 1218, located at 7400dver
Drive, on the westerly side of Dover Dri°vd;•southerly
of 16th Street. g+,�•-
ZONE: A-P-H tw
APPLICANT: Bank of Newport, Newport Beach sa.
OWNER: Lawrence K. Harvey, et al. Corona del Maf+s',
Application
Thi's'application requests a0p7rova'1 of a resubdivision sd*iFiEfo create,
three pa'rcel's of I nd •for commercial development where-o i€dl'ot now
exists. Resubdivisi'dn procedures' are outlined 1n Sectidf? T9:12.040
of the Newport Beaeti'MUnicipal Code.' qon c
This -application also requests approval of an off -site Ort�id!
agreement for a portion of the rdjuired'parking spacer;fdr::tije
Bank'of 'Newport'facili•ty on the adjoining property. Id"'1dc'c6rdance
Planningtion Commission0shall'not recommendrandethe City Co I,fi'alhal-lenot
approve offstreet parking on a separate lot from the building site or
sties unless:
(a) Such lot 'is't'so'located a9'to be 'useful in eon iEtfBdd'
with"the•PrOp04ed'us'e or`"uses on"the buildings 1zix�
,.. ,. or'•lites. 6eh u.,
(b) Parking on such lot will not create undue traf'icr'hazards
in the surrounding area. V :*i.
a
,wry` ;�•:�i�;7;.*. ... ;r�.;•�;:•,C�•�r.��'s 'Si.: .+., i7 h.... vw�ei�
'"IPRTO, Plana coaimissdon - P.
Icj Such lot and the buildinq site dre in the same ownership.
or the owners of the building sites have A common Ownership
io such lot, and the Ownar or q%neM +ire entlttee to the
Me/ute pei3e>,>,ibn the uee thereof `ownership of tht C
"Site lot must be ownership in fee or a leasehold interesi,.2x:
of a duration adequate to serve all proposed uses on the "-
building site or sites),( y
1d) The owner or owners and the laity, upon the approval of the '`••
City Council, execute a written instrument or instruments,
approved as to form and content by the C1ty Attorney, provldt�F;
for the maintenance of the re quired'offstreet parking on suclit,
lot for the duration of the proposed use or uses on the
building site or sites, Should a change in use or additiofiifo*�
use be proposed, the offstreet parking regulations applicable,'.
at the tine shall apply. Such instruments sha11 be recorded
in,the office of the Cognty Recorder and cdDies thereof
LLt; fiteQ„with the Planning Department, 0;
Environmental'$ignificance
After an Initial Study, it has been determined that this protect will,,��r,
not hart any iJgnificant environmental impact. A Negative Declaration
has been prepared, and is attached for Commission review.
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for
"Administrative, Professional, ahE Financial Commercial" uses. The iqJ'
Proposed development falls within the uses permitted. 3HM!
Subject Property and Surrounding Land Use
The subject lot to be resubdivided consists of the Raleigh Hills �Y
Rehabilita,ti%Center with .fron.tilge on 16th Street, the Dover Medical.
Building co)nptp witr frontage ;'on,.Dover Drive, and "'l%ting,,'offs"tree(, i
parkin?y spac'as utilized by the,H"anli of NewportTcomplS$ loca'tid'on '1'4
adjoining property. To the'northeast, Acrd-s". 6th Str�et, f The
Church of Jesus Christ of Latter -Day Sainti eo'mpiex; ` 0"th1!` tit,"'Y 14
teak is the Bank,ot;,Newport,facility discussed abo e, and,acrossDove r
Drive, the,SMeitport Harbor „Lutherin'.Church prollet; to'th`e iouthfestft'0
are $1ngle,fsnilly dwellings; and,`tto the west, is the Miwport'-Mesi ' lrh
SehooldI cidlfty,ol1Dtstrict office Complex and the .Newport,H#r6oP'High In AA
iq
Analysis qya
-+tz
The applicant proposes to create three parcels of land where one lot
now exists...?ircel No. 1 has an,erea of 1,01,acres, and consists
Of the existing Cover Medical Building complex and related offstreet
parking spaces.
rk •
44
T0: Planning Commi'sston
Parcel No. `z�j(;s an area. of O:19 ,acres, and ;i}s, a narrori (Q,'' -
wide), triangularly -shaped parcel between th ,Raleigh,Hill,s
Rehabilitation Center and the Bank of Newpor'complex ('seeiocatior�:
on attached tentative parcel map). A portion of the,requi,red off.st ei
parking spaces for the subject bank facility and a landscaped bluf,�
between the two adjoining building sites now exist on Parcel No. 2.
The applicant is requesting that an offstreet parking agreement for
portion of said parking spaces on the narrow parcel for the bank use's;
be approved by the City. Details of this 11 request are di%epssed bejt0�l
Parcel No. 3 contains 1.60 acres of land area;„that consists of thQ
Raleigh Hills Rehabilitation Center buildings and related offstreet'
parking spaces.
The purpose of this resubdivision is to allow the Bank of Newport ,
to utilize Parcel Nos. 1 and 2 for its own purposes. The property'.
owner proposes to lease the subject parcels to'the bank facility
for 42 years so as to allow the Bank of Newport to expand its
operations. The bank is now leasing office sppace in the existing 7
Dover Medical Building located on Parcel No. 1. Additional space
in the structure will be utilized by various departments of the bank;
as leases of existing tenants expire. Future development also
includes the relocation of the existing bank's drive -up teller facill:
onto Parcel No. 1. However, this request will require the approval 'G
a use permit by the Planning Commission at a later date. ;
Bank of Newport Parking Spaces
Building records indicate that the Bank of Newport facility was >
constructed on the adjoining property in 1972. Twenty -Four (24) 1
offstreet parking spaces were required for the bank use, based upon J
one parking space for each 2.50. sq.ft. within the buildings on $
the property. The attached plot plan indicates that 34 parking space
are utilized by customers and employees of the bank use. However,
a recent survey of the'property revealed that 19 of said parking spae
were actually located on the property being resubdivided and not on it
bank site as required•. The applicant is therefore requesting an offs
parking agreement far the 9 additional required parking spaces so
as to legalize ,an existing situation. Staff has no objections with
the applicant's request, inasmuch as the parking spaces have been
utilized by the bank facility since 1972. (An inspection of the area
indicated that a physical barrier of a'l' - 20' + high landscaped
bluff separates the Bank of Newport property and the subject offsite,
parking spaces from the adjoining Raleigh Hills Rehabilitation Center
Furthermore, the parking spaces are located on Parcel No. 2 of this
tentative parcel map, and the bank will maintain a long term lease
on the property.
Specific Findings and Suggestions
Section 19.12.020 (D) of the Newport Beach Municipal Code provides
that in order to approve a resubdivision, the Commission shall det
that it is satisfied with the plan of subdivision, that the map is
conformity with the requirements of Title 19, all ordinances of th
,*and all applicable general or specific plans.
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5 Exhibit A'
,. Findings -and Conditions
Of Approval
Resubdivision No. 654: d
A. FINDINGS:,
1. That the map meets the requirements of Title 19 of the Newport
Beach Municipal Code, all ordinances of the City, till applicable
general or specific plans and the Planning commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents -.no problems from a ptanning
standpoint.
3. That the proposed development is consistent with the Land Use
Element of the General Plan and is compatible with surrounding ,ii
land uses.
4. The project will not have any significant environmental impact.,'e
5. The Police Department has indicated that they do not contemplate
any problems.
6. The offsite parking area adjoins the Bank of Newport property
and has been utilized by the customers and employees of the
bank use since 1972.
7. The offsite parking spaces will not create undue traffic hazards'
in the surrounding area.
8. The applicant will maintain a long term lease for the offsite
parking area.
9. The City Traffic Engineer has approved the proposed offsite 3
parking arrangement.
B. CONDITIONS OF APPROVAL
1. That a parcel map be filed. ;
2. That all improvements be constructed as required by ordinance
and the Puhlic Works Department.
3. That the remaining sidewalk along the Dover Drive frontage
be completed, and a standard drive apron be constructed at the
southerly drive.
4. That a standard subdivision agreement and accompanying surety
be provided to guarantee the satisfactory completion of the
public improvements if it is desired to obtain Building Permits
or to record the Parcel Map prior to completion of the public
improvements.
4
,. 6
6
7
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9
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.• '.. �:. A , �j „ iTi teS11r' ;R+ .xN.N.�_:Y .ai A 'F, i �. . -e.l:T Tll�
l
That Parcel No. 2 shalllbb_'utilized_f_or. iandscaping and off£tr'
parking purposes only. •fl
That an offsite parking, agreement•she11 be approved by the Ci't
Council guaranteeing that a minimum of 9 parking spaces shal,l:"
provided on Parcel No. 2 of this application, for the durI1 r1
of the Bank of Newport use on the property (that portion off
Lot-3; Tract•No. 1126, located on thelsouthwesterly corners
of Dover 0rive•and 16W,Street). f , a'd
t rr f.f nr, .. rt, �L .'J
That there be a document'recorded satisfactoryl.to the C1ty•)l•
Attorney and the Planning Director providing for the common
�;`
accessito Dover Drive and 16th Streetband common parking .,N '
spaces for Parcel Nos. 1 and 2 of this application and for,IZ
the existing Bank of Newport property.
1 F..
Vacuum sweeping of all paved parking areas and drives shallfsb:
provided on the subject property on a weekly basis. •ar
The project shall provide'for the sorting of recycable matedla
from other solid wastes.
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STRICTING MAP NEWPOttr BEACH—CALIFORNIA"
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'R�•svEDIV13lON N0. E54 � rr
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NO. 1218 r,.•.•.
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SPACE PLAN
747 ):)OVER DRIVE
f HE NEWPORT Woi� KOU`!-
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VICINITY MAP
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; (t •' NM ;oR 9.81
Rrve,-ding It rgl:est rd BY and
Khi
cn Recorded, lietnrn t,: )
W A u""A:tCH Co '^ty FKottlet
Itcalport Corporation ) -
c/ollank ofNctvpert ! i `' ? I COPIFOR:.IFD COPY
Avocado at Cpact Iiighrvn)' ) Not Grn„c•cd •.•woh Original
Newport Aeneh, CA 921360
-- dal
('� to r\hove for It rr..rc-1 •• 1•:.
JOINT PAIL KING, MAINTENANCE AND LANDSCAPE: AG!!! :mi.NT
�t This Joint Pnrl iro, ',inlntenarce and lau,dscapur( Arrre l'•"': 1: rrtlr, oil into
this �7_ day of I'r! 19,11, by HIMIL'ort ('<vpnrntio;:, n ('nld'••'m •e rorNfltlon
)- '
(!teremafter re(cr —Pd io ns Ittmlpnrt") fer the purpnee. of t!t"vr"`u:l: I"'t'' e'•:. uat•n uo
adjniniug parcels of rent p'•o•rt•rty uprnl rile h•^•r:rafrrr at-1 forth h : rna :r e.
A_ Rcalpert, ns holdr:r of n Lr•sor's Ionsrhop! mtrro.t un,',\-I that cersc(n
Ground lease dated and ,evorderl on \!a.^ell -- - I-- - in Roo4 l.t;,5d. F 1:11" As
l•
(hereinafter referred to as "(u•ovnd l.avaee" ), pa:rcurr.t to :ill'.) Llop,rc !;;n•;. ('ail o,r l•1 ve
Trustee une'e- the Earl W. Si: a:tcy Testamentary Tttlet and dld(',ed Stllllet* ns Lcsi rz have
Icrired to Acalgnr! Corporate;r ,rare, t:tr I^-r:. al:i conr!itiorc w: fw z!• r,: earl, [h•ol:r,d
Lease, that particular pa rc-M of reel prop.., iy t'rsrr•: 1'�hehet aL'arl:eri helrin
(hereinafter referred to n!• "I"Irpel 1") togethv tiler 1It3• other pea,: ty.
I3. I: enlport i:a the 1•ceord otvner in ft.,, of vt rt :u; lr,. ,,,"rty In the City of
Newport Bench, FLri r. of (;nlifnrni't as is more particularly dr.enbc'! on !ishihit "ii"
altachrd hereto (hereina(ter referred to as "Parer! 2") which I'trro -1 2 MlPwc Parcel 1.
C, lienlpori has secured or N in the process of 5eeul"Or fer P:;rpnsrs of
recordation v Parcel Atap efft`etila; Parcel t end rs a eondihon of rrrort':•ll,,;, of cud
Parcel }lap the City of Newport It( hes c,.guired Avelport ,n rcrnl,' li;i•: ;\ltrce:rrat
specifying ,Ili IimiG:ef: eel thin uyt`e ns to PPI'M I and tilt- r•rr rtwn o: hrrrtsrs end
rrrt m;l
benefits affectin;f bell, Percet. 1 ;axl ?.•
D. Prrvels J and 2 ;,hill oil(- another and it:'(' s!tklnzecl on %"hat is
commonly dt?uy As the •Iicrt find )rn
ill
Coliof Gr:n+e,Satcof CalformaPnrcel2 iccurretly
the City t:ewpurDeach
utilized by th(• !lank of Newport Pen site for a Firaneh Ranla ag Office. it is r•nntemted oil
tbnt Plueel 1 shall br utdlzed sal nlr' fOrlo rnh, ,pec(lle�lrinet c (et int•roee et atlo ,!•rv,s, VMI
Parcel 2, umlutl!ng the parking r;,let (o i`nrrcl 1 so
tan(Lraping, all fur th^ bvw-fit (It. Parcel 21 and itvalport vI.hrI to g
Ion(; as fir l!oort shall hard lh� Iraseho!d rwilt', in fart to I`nrrcl 1, rll;htc of ingl ass and
el!"'; acro" Parcel 2 for th'• b•9nf(It of I'rl 1. Of (•
NOW, 'I'HIORI'l. till, in order to ee:r.nly with IAn.e cveJr(:. r,�•.•'vtl hV
tale City of Nr•..port Reach to •.•'•Urn reran!"'vn: of Pm•t•ol " rpo^. t' •r•r• 1F, f•.r •'1},. rt
hereby 0;V•.... e•. foil owe.
Sub ttl lu 1`•r It.. •. ro..i iiof
i, f iln_i lr,tlorn c! l'•ra 1_non I'."t_rl 1. J" r,t ; c, 'nr'
ft rnll'� f t, tm r!;.II( nl` II•��•I I', Ile , •�r •rl cl^t
said Grnnn.! Lrn::''' n• ti,,• (uantrur• uurh,. '
nv ilm� a'';tr- "• I tart 1'a.rcrl 1 N•'d! :: utiG.•r•d f.
(tt) 'In drive Ia Ian.; tail," uocn, cacr, I•••; a•, m••: n•r!. _ .
Parcel i n. vh a.,rtW— ..1+ .
(hoer of I`ar--v; I{
3�
0�/a�c�`u�rvU.E .d��✓
/SG- a�fl
Ju
Planning Commission Meetr* . ne 13, 1980
Agenda Item No. _,___�__--------
CITY or NEwPoQI IIEACH
June 12. 1980
TO:
Planning Commission
FRO14:
Planning Department
Resubdivis±on So. 654_LContinued Public liearing,�_,
SUBJECT:
three parcels of land for commercial
Request to create
development, the acceptance of an offsite parkinq
parking spaces
agreement for a portion of the required
Bank of New complex, and the acceptance of
for the
Environmental Document.
LOCATION:
1,
Lot }148, Tract No. 1218, located at 745 Dover Drive, on
Orivd, southerly of 16th
the ,yesterly side of Oover
Street.
ZONE-
A-P-11
APPLICANT:
Bank of Newport, Newport Beach
OWNER:
Lawrence K. Harvey, et al, Corona del Mar
Back round
At its matter meeting
Cof May
22,meetingtof Junehe n199 1980isoias toon nallow dthe
is
prh.lect t additional
The ati into review
ds to meeterr withlaiathesCitylAttorneyities rtohis
determine the best solution for the proposed narrow. triangularly -
shaped parcel. Their discussion will be reviewed at the Commission
meeting. related
A copy of the original staff report dated April 17, 1980,
vicinity map, and Negative Declaration are alanche theradjotningon
review. A Tentative Parcel Map and a aces xi11 he on display in the
Dank of NGwPort nd of (site pA r1, q sP
council Chambersfor Commission review.
PLANNiNG DEPARTMENT
JAMES D. HEWICKF.R, DIRECTOR
6
Attachments: Staff Report dated
G April 17, 1980
3y_gPi'am — c Exhibit A
Current Planning PVministrator Vicinity Map
Negative Declaration
WRL/dlt
- 1 -
CITY OP NEWPORT BEACH
Office of
CITY ATTORNEY
Jund 19, 1980
To: The Chairman and Members.
Of the Planning Commission
From: Assistant City Attorney
subject: Be subdivision NO. 654 -
Introduction
The Bank of-' Newport is requesting approvai�of,a resubdivisioh
that.would 'oreate threo parcels of land, for commercial dev-
elopment. ,One of the parcels to .be created is A narrow, crescent
shhped 'parcel. 'The, parcel is situated at tha, fpot of a slope
and has been utilized for parking purposes: , This parcel dim
arguably substandard in teat it,has no accesq',to ahy, street
and does not, therefore, have the twenty-five. (25)foot frontage
required of parcels in an A_-P District.
Discussion
Section 19.12_040 of the Newport Beach Municipal Code establishes
the procedurea where proposed subdivisions contain less than four
(4) lots. Section 19.12.040(G)* requires the'Commission to determine
whether a proposedmapconforms with "all ordinances of the City".
If a proposed map does not, .the Commission is authbrized to make
exceptions and approve the map if it makes certain findings.
If the Commission desires to approve thin ap it ix on gssted that
tbe-following' findings be made: m'
•(1) That there are spacial circumstahtes, .those being
the long standing use of the property, within the,parcel for parking,,
purposes and the location of, that Parcel it the_foot of a elope such
that the area benefits only,the,parcel presently occupies and owned '
�by the Bank of Newport; and
(2) That the exception is necessary -to preserve it sub-
stantial property right of the Bank of Noviport;_
'(3)' Thet the granting of the exception will not be
detrimental -to the public welfare, or injurious to Pro yin the,
vicinity..,,
1 ,'Ic6ar��urn" atm -
. �_G. �,���.::i�!. � i, •� � . 1� . �� ,? .."Y..`raNM?�� .'r ls\�.:, .na4 25 ,r.�R $1✓.�.14
t•,
�,,,,,.,,. ,'n'R'O»FR.7�.t!•I„Wlit.IAPdFRO$T'&A�.tI�'x7.S '
.1401 quaff SerceC• ;
• NeivpoFk,Aeacia, '�alitornisl ex,6a3 -
December 3, 1070
. JN 7,0040'
Page I of, 1 -
LFGAL DESCRIPTION
Proposed Bank of N'c,bport Ez-panslan at 16th Street and•Dover Drive • ,-
a
That portion of Lot 14a,of Tract No. 1.218 in the City of Newport -Beach,
County of Orange,, :State.of'Californin as shown of a map recorded in Book
• 37, Pages 41 and 40 of Miscellaneous Maps, in the Office of the County
Recorder of said Orange County, described, as follows:
Beginning at the southeasferiy, corner of said Lot 348; thence along the
southwesterly and Westerly linep, of said Lot tho following 'coursed:
North 59°59'40" West, 1G5.16 feet to the beginning of a tangent curve
concave southerly and having a radius of 300. 00 feet; thence northwesterly
along said curve 161. 43' feet through a central angle of 30-49151 "; thence
non -tangent from said ,curve North 16t01$1" East, 107,80 fact; thence
leaving saidwesterlyline South 82" 26'35" EaetF 204.75 feet to'Lhe beginning
of a tangent curve concave northwesterly'and'having_a radius of 25.00 feet; '
thence easterly along said. curve 17. 00 feet through a central angle of
40.1615511 to a point in a non -tangent curve concave southwesterly and
having a radius of 640.00•feet, a radfal,linc of said curve from uatd point
bears North 89156'00" West; thencecnorthw,esferly along said curve 198.:55
fettthrough a,central angle of 21-64100"- thence tangent from said, curve -
North 21.00'00"Wet4 166-00 feet toA,pgint. In the northeasterly line of said
• r.pt, said point bain 'in a curve concave southwesterly'and having a radiuu
of 57o.00 feet; u rudial •line froni'4itid',poi5ii bears South 51.30'33" Wedt;
thence,alonp, said northeasterly line+the,following cournes: southerly along- '
said curve 528.60 feet through a central.angle of 53.08103";,thane non-
'tangent'from said curve, South 25013130" West, 50,55 fect.to Lhe POINT
OF BEGINNING:
Contulning1.198Aeres;more or less,' ;
SUBJECT TO' .all ,Covenants, Rights, Ftip�hta-C)14way, nhd nascmgnts� of ,
Record. , ;..,'
a4 .'•ros -any urveypor,
,•�;a .. „r::R;NlBI('�r,'q���;,'`•, r . ',.F i',;JF;
Aliiy�.h ,�,,JJJJ•s';`,� 'mot.,/.,
�'6 ]4]`$<'.A I'i.� n .1.... .. .. i ., iC�i�a. ii�b'V S?Jt ti'SN•'aTA1T'!. WLLY��1S�
PARCEL 3
.� That portion of Lot 148 of Tract ITO. 1218 in the City 'Of t;uwport
^ peach, County of Orange, State of California, as shown on a map
recorded in Book 37, Pages 47 and 48 of Miscellaneous Flaps, in
the Office of the County Recorder of 'said Orange County, described
as follows%
Beginning at the southeasterly corner of said Lot 148, thence
along the easterly tine of said lot :forth. Z5023'56' East, 51.16
feet to art angle, point therein, said angle point being the -
1;,9inning of a non -tangent curve concave southwesterly and
having a radius of 570.00 feet, a radial line of said curve
£sox said•point bears North 15027102" west; thence continuing
along said easterly line and northerly along said curve 150.57
feet through a central angle of 15008107" to the TRUE POINT OF
BEGINNING, thence continuing along said curve and easterly line
353.72 feet through a central angle of 35933'19"; thence leaving
said easterly line and non -tangent from said curve South 5052153"
East, 24.65'feet; thence South 20057'11" East, 119.49 feet to the
beginning of a tangent curve concave sodthwesterly and having a
radius of 540.00 feet, thence .southeasterly along, said curve 198.55
feet through a central angle of 21004100"; thence non -tangent from
said curve South 89053'11" East, 28.69 feet to the TRUE POINT OF
BEGINNING.
Subject.to all Covenants, Rights, Rights -of -way and Easements
of Record.
r
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.:e �. ��414�' ,. ,S°:; lk a{�,5r•.1:_'-� ,.�ry9e.'.'i"'«�r mf1�F#�S:t�#
;
BANK OF NENPORT SITE
That portion of Tract; No. rI25, as shown 9a a map recorded in
Zook 3%, Cage 7 of,Miscellaneous Maps, records Of Orange County,
California, described, a_ follows: -
Beginning Ct the northwestorly and Or that certain curve In tho
northeastetly line of Lot 4 of said Tract NO, 1125, concave South-
westerly having a radius of $70.00 iCadt; thence South 50016,050
Cast, 359.13 feat along the southwusterly line of that certain
strip of land 60.00 feet in width, described an Parcel 1 in a
.aped to the City 0f Newport Beach, spcordc4 November 7, 1961,
in Zook 5105, page 295 of Official Records to the beginning of
A tangent curve concave northeasterly having a radius of 1230.00
feet; thence, southeasterly along Said curve through a central
angle of 11022117" or distance of 244.12 feet to the beginning
of a tangent curve concave routhwestorly having a radius of
25.00 feet; thence southeasterly along said curve through
a central angle of 87001."51" A distance Of 37,97 feet to
the southeasterly line of Lot 3 of said Tract No. 1125;
thence South 25023"30• Nest. 344.88 foot to the Southerly
end of that certain curvy in the boundary line Of said
Tract No. 1125, concave southwesterly having a radius
of 570.06 fact, a radial lino through said point bears
South 75021'24" East; thence northwesterly along said
curve through a central angle of 64054141" a distance of
645.76 feet tO the POINT OF BEGINNING.
SUBJECT TO all Covenants, Rights, Rights-cf-Way and Eaaemcnts
of Record.
41wu*.
r{ w, K
May 18, 1981
CITY OF NEWPORT BEACH
office of
CITY ATTORNEY
To: Jim Hewicker
Planning Director
From: Assistant City Attorney
Subject: Joint Parkinq,Maintenance 6 Landscape Agr.•.•ment/Renlpnrt
� w
} t '
Attached to this memorandum is a copy uE an amendment to a
joint parking maintenance and landscape agreement prepared and
recorded in conjunction with the approval, by the Planning
Commission of the City of Newport Beach, of resubdivision
number 654. In the course of that approval the Planning Commission
imposed a condition on the resubdivision to the effect that the
applicant execute an off -site parking agreement that would insure
that nine parking spaces will be maintianed upon parcel number 2
as described in the resubdivision.,%It is the opinion of this
office that the addendum to the joint parking agreement satisfies
the condition of an off -site parking agreement. In this respect
it should be noted that Realport holds the long term gound lease
to parcel {2, that the long term ground lease was executed by
Realport so that it could maintain that area for parking purposes,
and that an off -site Parking agreement involving the owner of the
property would serve no legitimate purpose. In addition, Mr. Harwood
has represented to this office that the signature of the property
owner is difficult if not impossible to obtain.
VVIWShould you have any questions with respect to this memo please
contact this office at your convenience.'�� ,
ROBERT H. BURMIAM
xc: Dennis Harwood
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5
FIARWOOD 6 ADKINSON
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NCWngn• §C CM. CIr1I10PNV191643
April 28, 1981
Robert 11. Burnham
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
A,
Dear Bob:
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�N Mc.v• nc.Ln r �Y�� f
4
j CITY kll :?;1EY Y (�_
CnIL.
�Vit
Re: Addendum to Joint Parking lrireement
(To provide for off -site parking)
For your records I enclose a copy of the recorded
Joint Parking, Maintenance and Landscape Agreement bearing
the stamp of the County Recorder's office indicating date of
recording and book and page of recording. As we discussed,
I enclose a proposed Addendum to that Agreement providing
that during the term of that Agreement there shall at all
times be maintained not less than nine (9) parking spaces
for purposes of vehicular parking upon Parcel 2 for the use
and benefit of Parcel 1.
Please advise whether this Addendum shall satisfy
the requirements of the City of Newport Beach pursuant to
our discussions, and if acceptable I shall have the original
of such document executed by Raalport Coporation and
recorded in the County Recordsr'e office and provide to you
a copy of the recorded Addendum.
DVIH/dc
Enclosures
i
very truly yours,
HARWOOD i ADKINSON
j J
Dennis W. Harwood
1
4
Recording Requested By, and
Whon Recorded, Return to:
Realport Corporation
c/o Bank of Newport
Avocado at Coast Highway
Newport Beach, CA 92660
RECOAP
OF ,RA:!IO GECOOXH. CALaO➢MIA
a1(1Phi APR 9'81
�jCLF. IyCW t'.Y3G j,p 4.
LEE A. BRANCH, County kaorder
rsB-00 CONFORMED COPY
C Not Compared with Original
JOINT PARKING, MAINTENANCE AND LANDSCAPE AGREEMENT
zt This Joint Parking, Maintenance and Landscaping Agreement is entered into
this day of re�..,..to as �, 1981, by Realport Corporation, a California corporation
s of
adjo(heriningter parcels of reel property upon) tiro hereinafter r the Pat forth torrn P andconditio 'lauld uses [Is:
two
A. Realport, as holder of a Lcssee's leasehold interest under that ccrtnin
Ground Lease dated and rei orded on March 28, 1080, in Book 13554, Pages 612, at. seq.
(hereinafter referred to as I'Ground I.oasel% pursuant to which Lloyd's Bank California as
Trustee under the Earl if. Stanley Testimentary Trust and Mildred Stanley as Lessors have
leased to Realport Corporation upon the terms and conditions set forth in such Ground
Lease, that particular parcel of real property described in Exhibit "A" attached hereto
(hereinafter referred to as"Parnel 1")together with other property.
.' B. Realport is the record owner in fee of certain property in the City of
Newport Beach, State of Californiu as is more particularly described on Exhibit "B"
attached hereto (hereinafter referred to as "Parcel 211) which Parcel 2 adjoins Parcel 1.
C. Realport has secured or is in the process of securing for Purposes of
recordation a Parcel Map effecting Parcel 1 and as a condition of recordation of said
Parcel Map the City of Newport Beach has required Renlport to record this Agreement
specifying and limiting certain uses as to Parcel 1 and the crontion of ccrtnin liranses and
.. benefits affecting both Parcels land 2.
D. Parcels I and 2 abut one another and are situated on what is
t.• commonly described and referred to as the intersection of 16th Street and Dover Drive in
the City of Newport Beach, County of Orange, State of California. Parcel 2 is currently
t utilized by the Bank of Newport ms a site for a Branch Banking Office. It is contemplated
that Parcel 1 shall be utilized solely for purposes that benefit those uses conducted on
Parcel 2, including the parking of automobiles, pedestrian ingress and egress, and
landscaping, oil for the benefit of Parcel 2, and Realport wishes to grant to Parcel I so
long as Realport shall hold the leasehold rights in and to Parcel 1, rights of ingress and
egress acro.As Parcel 2 for the benefit of Parcel 1.
NOW, I-IIERSNORE, In order to comply with those conditions required by
the City of Newport Bench to secure recordation of Parcel asap upon Parcel 1, Renlport
hereby ogre-'s as follows:
,,t•, 1. Limitation of 11es tl 2! Pcon Cehalf of it elf
1. Subject to the terms and contitions of
said Gronn;l hrnse, 1(calport, - its agents, employees, invitees and
assigns ngrets that Parcel 1 shall be utilized for the following purposes and no others:
(n) 'I,n drive nu tom obil as upon, over, nernss and park such autonr, tiiles upon
h Parcel 1 in such numbers and at such times as may be dctrrn:e.^.e: by the
„ Owner of Parcel 1;
-1-
, (b) To improve and landscape Parcel 1 in such a manner as may consistent with
I that use specified in Subparagraph (a) hereinabove, including, ' ut not limited
to the paving, striping and construction of planters and lighting upon Parcel
1 granting to the Owner of Parcel 2 the rights to make rind maintain such
improvements and landscaping upon Parcel 1;
(c) To permit pedestrian ingress and egress to and from t'nroel 1 from Parcel 2;
(d) To gr«iit to the Owner of Parcel 2 the right to enter upon Parcel I any time
for the purposes of maintaining, replacing and/or repairing all of the
Improvements placed upon Parcel I in conformity with the provisions of
Subparagraph (b), hereinabove.
2. Ingress and Egress for the Benefit of Parcel 1. Realport agrees, so long as
Realport or Its duly authorized successors and assigns shall retain the leasehold upon
Parcel 1 pursuant to said Ground Lease, the holder of said leasehold interest shall have
the right and license to cross over the parking area as it may be established from time to
time upon Parcel 2 and shall have an unfettered means of vehicular and pedestrian ingress
and egress to Parcel 1 ecross Parcel 2 from the abutting public streets of Dover Drive and
16th Street.
3. Termination. The licenses granted hereby shall terminnte upon the first to
occur of the following conditions:
(a) The termination of Realport's leasehold interest under the Ground Lease; or
(b) A written document executed, acknowledged and duly recorded In the
County Recorder's office by the record fee Owner of Parcel 2 and the
holder of Realport's leasehold interest upon Parcel 1.
IN WITNESS JVHEREOF, the undersigned has executed this document as of
the date and year first hereinabove written.
to
By:
-2-
RPO
Its CA
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HARWOOD 6 ACKINSON
ATYORNCYS At CAV,
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NCWPO" BEACH CALIPORNIA 92663
April 28, 1981
Robert H. Burnham
Office of the City Attorney
City Of Newport Beach
3300 Newport Boulevard
Newport Beach, Califdrnia 92663
Dear Bob:
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Ptetlrt��
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L11° ^F i
NE-8 y
LnII ,ry
Re: Addendum to Joint Parking Agreement
(To provide for oEf-uite nar ki2[1)
For your records I enclose a copy of the recorded
Joint Parking, Maintenance and Landscape Agreement bearing
the stamp of the County Recorder's office indicating date of
recording and book and page of recording. As we discussed,
I enclose a proposed Addendum to that Agreement providing
that during the term of that Agreement there shall at all
times be maintained not less than nine (9) parking spaces
for purposes of vehicular parking upon Parcel 2 for the use
and benefit of Parcel 1.
Please advise whether this Addendum shall satisfy
the requirements of the City of Newport Beach pursuant to
our discussions, and if acceptable I shall have the original
of such document executed by Realport Coporation and
recorded in the County Recorder's office and provide to you
a copy of the recorded Addendum.
Very truly yours,
HARWOOD s ADKINSON
Dennis W. Harwood
DWH/dc
Enclosures
CITY OF NEWPORT REACH
Office or
CITY ATTORNEY
May 18, 1981
To: Jim liewicker
Planning Director
From: Assistant City Attorney
subject: Joint Parking,Maintenance L Landscape Agreement/Realpnr�
Attached to this memorandum is a eopy of an amendment to a
joint parking maintenance and landscape lrgreement, by the Plooning and
recorded in conjunction with the of re subdivision
commi,.aion of the City of Newport Beach,
number 654. In the course of that approval the Planning Commission
imposed a condition on the resubdivision to the effect that the
applicant execute an off -site parking, agreement that would insure
that nine parking spaces will be maintianed upon parcel number 2
as describ••d in the resubdivision. It is the opinion of this
office that the addendum to the joint parking agreement satisfies
the condition of an off -site parking agreement. In this respect
It should be noted that Realport holds the long term Hound lease
to {,Arc.•l 42. that tho long term ground leases wash "cutel`+r1"+nan.
Rt•al .+tt xa ti'ppt tt "t1uld eA%%HAIn that, aroA h+T ew,t 1 l•;
u ail �. `t 1 .%.. `%,.
p I'.i.. % 1• pt•N It ek C�++ ion J.; . hbl (:, ,t 1• Or
has represented to this oHlou Lila% the atyuatu+u ut uw ltul. t%{
owner is difficult if not impossible to obtain.
Should you have any questions with respect to this memo please
contact this office at your convenience.
RORERT H. BURNHAM
xc: Dennis Harwood
PARCEL 1
That portion of Lot 148 of Tract No. 1218 in the City of Newport Beach,
County of Orange, State of California, as shown on a map recorded in Book
37, Pages 47 and 48 of miscellaneous I•laps, in the Office of the County
Recorder of said Orange County, described as follows;
Beginning at the southeasterly corner of said Lot 148, thence along the
easterly line of said lot North 25"23'1,6" East, 51.16 feet to an angle
point therein, said angle point being the beginning of a non -tangent
curve concave southwesterly and having a radius of 570.00 feet, a radial
line of said curve from said point bears North 75"27'02" West; thence
continuing along said easterly line and northerly along said curve 150.57
feet through a central angle of 15"08'07" to the TRUE POINT OF BEGINNING,
thence continuing along said curve and easterly line 353.72 feet through a
central angle of 35°33'19"; thence leaving said easterly line and non -
tangent from said curve South 5"52'53" East, 24.65 feet; thence
South 20"57'11" East, 119.49 feet to the beginning of a tangent curve
concave southwesterly and having a radius of 540.00 feet, thence south-
easterly along said 'curve 198.55 feet through a central angle of 21"04'00";
thence non -tangent from said curve South 89°53'11" East, 28.69 feet to the
TRUE POINT OF BEGINNING.
Subject to all Covenants, Rights, Rights-of•Way and Easements of Record.
fI
t
EXHIBIT "A"
PARCEL 2
That portion of Tract No. 1125, as shown on a map recorded in
Book 39, Page 7 of I•liscellaneous Maps, records of Orange. County,
California, described as follows:
Beginning at the northwesterly end of that certain curve in the
northeasterly line of Lot 4 of said Tract No. 1125, concave south-
westerly having a radius of 570.00 feet; thence South 50016'05"Last,
159.13 feet along the southwesterly line of that certain strip of
land 60.00 feet in width, described as Parcel 1 in a deed to the
City of Newport Beach, recorded November 7, 1961, in Book 5905,
Page 295 of Official Records to the beginning of a tangent curve
concave northeasterly having a radius of 1230.00 feet; thence South-
easterly along said curve through a central angle of 11°22'17" a
distance of 244,12 feet to the beginning of a tangent curve concave
southwesterly having a radius of 25.00 feet; thence southeasterly
along said curve through a central angle of 87°01'52, a distance of
37.97 feet to the southeasterly line of Lot 3 of said Tract No. 1125;
thence South 25023'30" Hest, 344.88 feet to the southerly end of that
certain curve in the boundary line of said Tract No. 1125, concave
southwesterly having a radius of 570.00 feet, a radial line through
said point bears South 75°21'24" East; thence northwesterly along said
curve through a central angle of 64054'41" a distance of 645.76 feet
to the POINT OF BEGINNING.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of
Record.
EXHIBIT "B"
s
A' i
Recording Requested by, and
When Recorded, Return to:
Realport Corporation
C/o Bank of Newport
Avocado at Coast Highway
Newport Beach, CA 92660
ADDENDUM TO JOINT PARKING,
MAINTENANCE AND
LANDSCAPE AGREEMENT
(On -Site Parking Agreement)
This Agreement is made and ante*ed into this
day of , lPal, by P.EALPORT
CORPORATION, a California corporation (hereinafter referred
to as "Realport") for the purposenta ofamending
undhatcertain
document entitled Joint Parking,
Agreement andscape
dated February 17, 1981, recorded on April 9,
1981, in Book 14014, Page 796, in the office of the County
Recorder, Orange County, California ("Joint Parking
Agreement").
WHEREAS, said Joint Parking Agreement provides for
land uses of two adjoining parcels described in said Joint
Parking Agreement recorded April 9, 1981; and
t: WHEREAS, Realport wishes to grant assurances that
.: Parcel 2, as described in said Joint Parking Agreement,
shall be utilized, in addition to the uses specified in said i
a Joint Parking Agreement, for off -site parking for the
benefit of Parcel 1 as described in 'said Joint Parking
tit Agreement.
y NOW, THEREFORE, Realport as owner of Parcel 1
described in said Joint Parking Agreement and as longterm
lessee of Parcel 2 under said Joint Parking Agreement agrees
that during the term of said Joint Parking Agreement there
•;.' shall be maintained and made available upon Parcel 2afor the
use and benefit of Parcel 1 not less than nine (9) parking
spaces to be utilized for vehicular parking upon Parcel 2.
Except as herein expressly amended all terms and
conditions of the Joint Parking Agreement recorded April 9,
1981, in Book 14014, Page 796, in the lofficeb;frthefCounand
ty
Recorder, Orange County, California,
affirmed.
IN WITNESS WHEREOF, the undersigned has cr.ecuted
this document as of the date and year first hereinabove
1 written.
REALPORT CORP01"'OIOi:1
a California co qration
By: -_
j Its
No,
RESUBDIVISION APPLICATION App. Rac By
'CITY OF NEWPORT'BEACH Fee/
Department of Community Development
Zoning and Ordinance Administration Division
'3300 ' Newport Boulevard
J ,Phone (714) 673-21.10
4• Bank of Newport Phone 645-5333
Mailing Address Dover at 16th Street, Newport Beach, California 92663
Owner Lawrence K. Harvey, et al _Phone 673-3797
.M4i'ling Address 2711 East Coast Highway, Corona del Mar, California
;'•t""L""ot ionti
,of -Property Involved Westerly of the intersecon of 16th Street
"and Dover Drive 14-r
Present use Medical office buiidings
Zbne APHI
,
Legal :Description of Property Involved (if too long, attach sheet
filad in Book 37. Pages 47 through 49 of
+ ,.St .
L•is,f any exceptions requested from standard subdivision requirements
7%ant n� Agent
xxxxxxxx°xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Do NOT COMPLETE APPLICATION BELOW THIS LINE
ed
F" 27 a-9 Fee Pd. y Receipt N0. 3 .
t, 3
,Date Publication Date.
Yig• Date_ '��1- '�_ id11. Oat/e
ercinn L.Date f•" _
1 C.C. Hearing_ __. — -
Action_ a Datc___,__. _
14, 1
•
UHS1
RESOLUTION NO.
47:
i
•
G�
A RESOLUTION OF THE CITY COUNCIL OF NEWPORTr,
BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN OFF —SITE PARKING AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE BANK OF l 'K'•
NEWPORT I•N CONNECTION WITH RESUBDIVISION N0.
654.
S
(: WHEREAS, there has been presented to the City Council b
of the City of Newport Beach a certain off -Site Parking Agreement
r.. between the City of Newport Beach and The Bank of Newport in
connection with Resubdivision No. 654, and; ,
.0 n
WHEREAS, the City Council has reviewed the terms and
i�
conditions of said Agraement and finds them to be satisfactory
and that it would be in the beat interest of the City to execute
said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement above deacribed'is
approved, and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
t`
:4•n
Beach. R
ADOPTED this _, day of March, 1981.
Mayor
Y
ATTESTt
•'1
t
City Clark 030581 �
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II
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USE PERMIT APPLICATION FOR 747 DOVER DRIVE, NEWPORT BEACH, CA.
PURPOSE OF APPLICATION:
THE NEWPORT WORKOUT is a personal training facility. We offer
one on one fitness instruction by appointment. We offer these
services in a premium environment that does not include the
crowd of a general membership, for this reason the number of
individuals who frequent our establishment on a daily basis is
substantially less than that of a typical health club
facility. A traffic profile in our facility at the peak
business hour would be approximately 8 to 10 trainers with
their clients and one trainer leading 8 to 10 individuals in
a stretch or conditioning group.
We have been in business at 2901 W. Coast Hwy, Newport Beach
for five (5) years. We currently occupy 2,700 square feet and
desperately need to expand our facility in order to offer our
clients a work-out center that is compatible with the premium
services that we offer and to house the latest technology in
exercise equipment which we plan to purchase and install in
the new facility.
Our clients are primarily from the Newport Beach, Corona del
Mar residential areas and/or office locations in the immediate
area. We already enjoy a favorable reputation in the
community and feel we would be a welcome addition to the
neighborhood and to the adjacent business areas, including
churches, the high school and the two sports medicine centers
in the nearby business center. There will be more than
adequate parking in as much as we never expect to have more
than 25 to 30 individuals in the facility at any given time.
In summary, this facility would give THE NEWPORT WORKOUT the
opportunity to upgrade and expand; offering a convenient
location for our clientele with substantially less traffic
than the location had as a public banking facility.
USE PERMIT APPLICATION FOR 747 DOVER DRIVE, NEWPORT BEACH, CA.
#6-PARKING
Parking is designed to City standard. Handicap space is provided.
ALTERATIONS
Subsequent to use permit approval plans for interior modification
will be submitted. No structural modifications are intended.
#7-SIGNS
Existing Bank signs:
Dover Sign- 7' x 5' double faced
16th Street Sign -Pedestal 5' x 4' double faced
16th Street Sign -Teller sign pedestal 18" x 21"
On Building- 4' x 7' lettering on building
Signs to be modified and submitted for approval subsequent to "Use"
permit approval.
USE PERMIT APPLICATION FOR 747 DOVER DRIVE, NEWPORT BEACH, CA.
PURPOSE OF APPLICATION:
THE NEWPORT WORKOUT is a personal training facility. We offer
one on one fitness instruction by appointment. We offer these
services in a premium environment that does not include the
crowd of a general membership, for this reason the number of
individuals who frequent our establishment on a daily basis is
substantially less than that of a typical health club
facility. A traffic profile in our facility at the peak
business hour would be approximately 8 to 10 trainers with
their clients and one trainer leading 8 to 10 individuals in
a stretch or conditioning group.
We have been in business at 2901 W. Coast Hwy, Newport Beach
for five (5) years. We currently occupy 2,700 square feet and
desperately need to expand our facility in order to offer our
clients a work-out center that is compatible with the premium
services that we offer and to house the latest technology in
exercise equipment which we plan to purchase and install in
the new facility.
Our clients are primarily from the Newport Beach, Corona del
Mar residential areas and/or office locations in the immediate
area. We already enjoy a favorable reputation in the
community .and feel we would be a welcome addition to the
neighborhood and to the adjacent business areas, including
churches, the high school and the two sports medicine centers
in the nearby business center. There will be more than
adequate parking in as much as we never expect to have more
than 25 to 30 individuals in the facility at any given time.
In summary, this facility would give THE NEWPORT WORKOUT the
opportunity to upgrade and expand; offering a convenient
location for our clientele with substantially less traffic
than the location had as a public banking facility.
USE PERMIT APPLICATION FOR 747 DOVER DRIVE, NEWPORT BEACH, CA.
#6-PARKING
Parking is designed to City standard. Handicap space is provided.
ALTERATIONS
Subsequent to use permit approval plans for interior modification
will be submitted. No structural modifications are intended.
V-SIGNS
Existing Bank signs:
Dover Sign- 7' x 5' double faced
16th Street Sign -Pedestal 5' x 4' double faced
16th Street Sign -Teller sign pedestal 18" x 21"
On Building- 4' x 7' lettering on building
Signs to be modified and submitted for approval subsequent to "Use"
permit approval.
Present
Absent
*A*
Moyotion
Absent
I
Y •ing fy ':�, .;a;i
COMM65KMS LAR PLANNING COMMISSION MOlNGi
Place: Cnty Council Chambers
Time: 7:30 p.m. 1'•+ ,.
s City e of Newport ne 19, BBeach
x
x1xl xlx1X
11
mmissioner Thomas was absent.
Robert eu ham, Assistant City Attorney
f •
STAFF MEMBERS: _
William R. Laycock Current Planning Administrato
Rich Edmonston, Tra is Engineer
Fred Talarico, Enviro mental Coordinator
Glenna Sutton, Secrete
The approval of the minutes f the Planning Ci
Commisslon Meeting of May 22, 980, were t
postponed unt11 the regular ha ing Commission m
meeting of July 10, 1980. o
f f
t
Motion was made to continue Agenda Ito Nos. 6
and 7, a Traffic Study and Use Permit N 1941
for an office -re tall complex on Mariners 1e to;
the regular Planning Commission meeting of uly110
1980,as Gar the btaff's re
t. Gendinq ! '•
review of additional information to be submit d;
by the applicant.
Request to create three parcels of, land for
commercial development, and the acceptance of ani ,
offslte parking agreement for a portion of the ' 1
required park ing spaces for the Bank of Newport
complex, and the acceptance, of an Environmental ; i
Document.
LOCATION: Lot 148, Tract No. 1218'
located At 745•DOver or
old the westerly side of
Dover Drive, southerly
of T6th Street:
s
1. .
IJ11116SIUf�kK] ,i° �`i tl'
1 •! v
City rof,
' 3vgAnq l
NZ G
J une.19;? 1960
i f �,
!
ZONE:
..o j A-P H I
APPLICANT: Bunk of Newportl
^? Newport,;. Beech !
OWNER:, _. Lawrence K,' HaT�e
Corona del Mar
ENGINEER: Robert.Bein, W11�1
&.Associates, Hev
Staff` recommended th'at``the' Conditions
Nos.'3-and 5.be`amended'to,}ncorporat;i
'the'P1anning"Commfsston.'s;cohcerns at;
meeting. Conditlon'No'.'3 should read
remaining sidewalk along Dover Drive I
and a street apron be constructed prii
issuance of,a building,_permit,for any,
�structionion"the adjoining,Bank,of.Nei
ty",-'Conditidn No';S;wis,iuggested;;t,
part8l'W bet;used'.for,ladditaping;,,e
access and offstreet perking purpodesl
that said requlrements,shall'.be'noted'
,parcel map."— In addition,. the City A
` office requested additional findings
> resubdivision'wire'liporovedotn''conjUn
'Parcel /2."`Mr`'Robert Burnham:rAssls
! ''Attbrney;�iteted,thit'e"copy"of,'the:r
?been given'to`the"applic
ant; °ead.e','dt
tbeen. hetd:wlth',the'applicanti and',his
';Mr. Dednif Hir' ood,r hd had i repdnf
The Public Hearingwasopened regarc
Item,. and,.Mr.,.. Harwood,.. 550.. Newport.-Ce!
AMM
I j =
le`ta1,
j 1
Ian Profit
iohb Beach
rove
if,App.rova
!some
the last !
that: ",the!
r
` Attorney,sfo,r, the Bank o:f:Hewp,ort,.,appea
fore,hlaning:'Comisli,f ndltab7to,taatshorterm'leasi." Hea1to;ttatedyhe
currence
wCth;thedonditldns as; set-,fol
°City 'Attorn'eLy s m'e'mo to the'!dpplli,c,ant!'
advised there would be no development
crescent4shaped; smaller Parcel,"M; �
tti voulI b'e Bused "for .'.Iimitid'"perkki'nq l
t y, �A i A�iso informed the Commiszto
4 f th1 ircel WoUld`be ut414
slot
rne'
ake
tni
Dri
di'
Ijfi
w
port do p ,r, s p
reajr, , dditional',drive areas ;to fac?1}I12e
S tra'fflc fio'w-to the Benkiof Meiiport
facIIIty ,
S '
dn9xGA
notieiM `
't nyxchA''
i
,1`ult+`�1$,, 1980 •• =
Gtvrbf-, NeAv ter Beach xti: '�I F ij k
,i
Commissioner Beek posed > au,questl on, ri i a ,0eE no3ioM '
r i rregul arly,;shaped parcel, to,.xhi -h Mr'�,?-yood'`
repliedthat the parcel. now, otcupiedsby ptrye�ban'k
is owned by the bank, and the smaller u!s<ent
shaped parcel 15 on along term least
„ln,response to ,another, question posed 6Y,
„Commissioner.Beek,.Mr..Harwood,repliedithat�the
r ,.. recordation :of ,.t he parcel;. map ;would insure
t ";,greater,,protection than 'in ,offsite parking,t
„a9reement.,;,He explained ;that:i, parkin4q agree -
men
t"is a license to, -. use ;another parCei„ whereas
the recordation of a parcel map is altrensabtiop
in. .which a. -lease is: .being ..created 1,nicon'sidera-I
tion.-for the continuing right.to use!the parcel:.
y {{ !
Mr.•:Burnham- advised ,that.,{l),,it would �e, difflcti
..to describe. the, areathat,l s,,,goi ng t0 be': the { i
;subject of.;the offsite parking. agre am e nt withbut
the parcel map: and (2) the bank must inake cer-
i , ,;t a l n Amprovemants. ,to -the ; l rregul arty. shaped iparce
so that they could continue,,to„use it {or;parking
purposes. He expressed the feeling thatl the j 4
creation ,of; ,this,Arregularly .shaped, parcel would ,.
facilitate. ,landscaping, and ;thee expansion got the
access intd the drive -up teller location ishoold
be a condition .,to .the, approva,l� of the napj since
r i „it would a,hevinte tha, probiem,ot trafficbacking
l6th:5tr'eat ., V,,Oj 0.1 a'li
Tit response to a question Patti by a f1 s/e�nt
., 1 ,6,Itt4:�C,r,d!twg44 CaP.�l!d''<n!F"tht bdnt1!>i r1
el�iaq
1 r '`aii� ti tkde 1,# the A� :trti<$k:�ewk �q sbh*I
:and the acquisition of the 'idj61 ni ng pK rFellc6uld
b f A- _H lot d that,{hc bd441ftu
,not ,eCon use qI e,exp, ne, .,i
,gtlok Gi,atha ppA"Al"Aiiall wgald Conf4tti filth a
11
long brio ekitting use of the paroper,ty�I >< ►r
r h v As toi c,on{orny_,to„the .e,xisting,,;topogrAp Y
1
aul iPu in 10 Hew ort Cpeilter 0r1 e P
14htfor!,the ,,commi3s,ion„ and s,ta,ted ,thli ntdn l n
lapes(ito th Xislti,n
�
6 ,t of�;l'ddfny.,two,;edditi,gpa,>
P Baniq'o11YtwporE ,drive -up, tellnr� fact 1fy tttie a
r
g t1 i a rt S,�f�i,lowtJlp fori.f,o,ur,ilanEi� Mtth storage spa e( fo
tueighteen"'Cars,ons�ijte.,,af�e,�alsp„expla ned ih
�} ar
+
n a d )necyhanTSs„pf,d oi,va-,pPotel,}-P�r _)Ik doM o
r
�1 i d 9 c i9AA2biq iso'tsq �ir,1 `GFitC 'ad 7l6nsd.` n , �,-�.'�
;,i
�{.,,�
,e'pyra. M1.Y.�t;{
M
MNNMVN
HIM
0
One 19, 1900
I
of Newport Beach
notion was made that the Resubdlviil0 dr1 654
approved subject to the following fled dgi and
nditions:
f
16ING5
1.
That the map' meets the requirements
'the
of
Title 19 of Newport Beach Muni01
lit
Code,
all ordinances of the City, all Apppl
da
le
general dr specific plans and'the P1
n'nfno
Commission is satisfied with the plaDlot+
subdivision,
j
2.
fJ
T hat tAa proposed resubdlvision prtsln�ts
no
problems from a planning standpoint.I
3.
That the proposed development is can {{istant
with the Land Use Element of the Genlral'
Plan
and is compatible with surrounding land uses.
4.
The project will not have any signiftaIa
impact.
5.
'The Police Department has indicated
hat
they do not contemplate any problems
} I
6.
The offsite parking area adjoins th
apk
of Newport property and hsi'been uti
t ed�by
the customers and employees of"the b
n y
since 1972.
.I
7.
The offsite parking spaces will not
II
c ea,ta
'hindu0 traffic" hazards 16 the surrodn
i ig''
area.
S.'
`the applicant' will maintain a i,onqt
,r
110 for the iffslti parking are i
9.
•I(The City Traffic Engineer has ipprdv
d t
proposed offsite parking arrangeme It1
lo.
That the,re''alir•speciai "cir"cumstine 51Y r "; t
'
61the'creation' Jof' the'i'rregul'irly; sh,p
d
parcel' die bein the' lon
l 'y
• !��purpo:as' 'dd'�thi' locittdh"b`f;`tljtit
h�thr 'too!' of"f'llops 'such' that the
,benefits only the parcel pDressntt
'and owned,by the Bank of Mawport,
-4-
r4
Alk,
M
tr
a
011?r June19, &0
f I City r6w,Mev =t Beach,
F Ll. That,the exception is necessary to presery
aubstantial property right of, the tar
Newport.
12. That,the granting of the exceptlon will n
be detrimental to the public wtlfar0 or '
injurious to property in the vicinity.
CONDITIONS OF APPROVAL
1. That a parcel map be filed.
I
2. That all Improvements be constructed as ri
f
required by ordinance and the Public Mo
Department.
i
3. That the remaining sidewalk along the D
Drive frontage be completed, and a stands
drive apron he constructed at the soothe!
drive prior to the. Issuance of a buildi
permit for any new construction on the;
adjoining Bank of Newport property.
i
4. That a standard subdivision agreement pn
accompanying surety be provided to
-guarantee the satisfactory completion D
the.,publie improvements if it is desirf
to obtain Building Permits or to record
the Parcel Map prior to completion oi•thi
public improvements.
S. Thetaparcel 12 shall be utilized ?orjl n
scaptng' vehicular access and o fstreet
parking purposes only, and that �seidjrlq
,.ment1 shal l be noted on the,,Percfl! Map.
i 6. Tha,t,pn offaite parking • agreement 3hol
N be Approved by thgr.City Councilfguarint0
a ing £ et a minimupl,•of 9 parking 1spec s
shag i be pr.'oyided pn Parce,l, Mo. ,2! ofIt 1
application, for the duration of ,the {j1Bin
y a of•N4)iport use on the perty pro(thptlper
a.n ., , ,� ,,�of �C6tr3„ Tract No. 1126, located on t¢e
o sopOwes.terly corner of Dover D'ivei n
n a„1,6FF'� St}eat).
a a .,,. .,.Jaen• ,
m
Motion
Ayes
Absent
lim
a
June ,V, 1980
Beach ? al
7. That there be *-document recorded sail
factory to the'City Attorney and,thal
Planning Director providing for the oc
access to Dover Drive and 16th Street
common parking ;spaces for Parcel Nos;
and 2 of this appiicatio'n and for tht
existing Bank of Newport property.
8. Vacuum sweeping of all paved parkingia
and drives shall be'pro
vided on the sk
property on a Weekly basis.
9. The project shall provide for the sort
of recyclable material from other so11
wastes.
10. The applicant shall expand the existin
of Newport drive -up teller facility se
to accommodate four vehicular lanes to
said facility. The driveway on 16th
street shall also be widened to aceomr
the four vehicular lanes as approved b
the City Trafftu Engineer.
1 1 i
Commissioner Allen posed a question, to whit
W11'liam,Laycock, Current Planning Administra
replied;that if the drive -up teller facilit
were relocated in the•future, it would netts
sarily come before the Planning Commission f
a use 'permit, at which) Lime the situation we
be reassessed.
I.
Motion was CONDITIONALLY APPROVED.
e w • �
Req t- to create two 'parcels of land for to
cial e,lopment where one lot now exists,it
acceptan ' of, an' offs'ite parking agrelmegtf
,portion' of requlydd'perking specs} forttK
:Rtstaurelitl"fa Tity, in'd the ecceptan0el of la
E014U MihriI Do ent , ; ;
LOCATIO�1} s^ Lot 2, act tlo. 10274, tocat
ii 2101 and 1 East Coastjhtgh
on thi1. V,Mt :tarly corper ro
East Cb'1it Hig and Arobed
Avenue, adjacent lrliW, e
6 ��I
I
'f 1
imod
l�
r
'eat
Ban
as
RECORM
1MEM CALIMMIA
OF 0ICOUM
31 (1 Pad APR 9 '81
Recording Requested By, Find
I-, H u•
When Recorded, Return 0.0
LEE A. 6RAUV. Count? Raarder
Realport Corporation
) ��
c/o Bank of Newport
) ,S.co I CON FOR M E D COPY
Avocado at Coast Highway
) C i Not Compared with Original
Newport Beach, CA 92660
-•-
Space Above for Recorder's Use Only)
JOINT PARKING, MAINTENANCE AND LANDSCAPE AGREEMENT
,l This Joint Parking, Maintenance and Landscaping Agreement is entered into
this I l - day of Fvr - , 1981, by Realport Corporation, a California corporation
s of
adjoining parcels of ter r al property to As upon the heveiort") for the nafter aS t rued cterms and condland itions;
sit two
A. Realport, as holder of a Lessee's lensehold interest under that certain
Ground Lease dated and recorded on March 28, 1980, in Book 18554. Pages 612, at. seq.
(hereinafter referred to as "Ground ?,ease'), pursuant to which Lloyd's Bank California as
Trustee under the Earl IV. Stanley Testimentary Trust and Mildred Stanley as Lessors have
leased to Realport Corporation upon the terms and conditions set forth in such Ground
Lease, that particular parcel of real property described in Exhibit "A" attached hereto
(hereinafter referred to as "Parcel l") together with other property.
B. Realport is the record owner in fee of certain pruperty in the City of
Newport Beach, State of California as is more particularly described on Exhibit "B"
i attached hereto (hereinafter referred to as "Parcel 211) which Parcel 2 adjoins Parcel I.
C. Realport hits secured or is in the process or securing for purposes of
recordation a Parcel Nap effecting Parcel 1 and as a condition of recordation or said
��. Parcel blap the City of Newport Beach has required Realport to record this Agreement
specifying and limiting certain uses as to Parcel 1 and the creation Of certain licenses and
Y benefits affecting both Parcels 1 and 2.
D. Parcels f and 2 abut one another and are situated on what is
l' commonly described and referred to as the intersection of 16th Street and Dover Drive in
the City of Newport Beach, County of Orange, State or California. Parcel 2 is currently
utilized by the Bank of Newport its a site for a Branch Banking Office. It is contemplated
that Parcel 1 shall be utilized solely for purposes that benefit those uses conducted on
Parcel 2, including the parking of automobiles, pedestrian ingress and egress, and
landscaping, all for the benefit of Parcel 2, and Ralport wishes to grant to Parcel 1 so
long as Realport shall hold the leasehold rights in and to Parcel 1, rights ur ingress and
egress acrass Parcel 2 for the benefit of Parcel I.
NOW, TIIEREI:ORE, in order to comply with those conditions required by
the City of Newport Reach to secure recordation of Parcel Nap upon Parcel 1, Realport
hereby agree4 As follows:
't I. Limitittiun of Nses U on Prrecl 1. Subject to the terms and conditions of
h t.a1d Ground reuse, ttealpert, on behal of itself, its agents, cmolO%-acs, invitees and
` assigns ngrecs that Parcel I shall be utilized for the following purposes and no others:
(n) TO drive nntomooilea upon, Over, across and park such autO:nnhiles upon
q, Parcel I in :rich numbers and at such times its cony be de:rrr,•:n- by tl:c
Owner of Purl, el 1{
i '1'
(b) To improve and landscape Parcel 1 in such it manner its may consistent with
that use specified in Subparagraph (a) hereinabove, including, ' ut not limited
to the paving, striping and construction of planters and light,ng upon Parcel
I granting to the Owner of Parcel 2 the rights to make and maintain such
Improvements and landscaping upon Parcel, l;
(c) To permit pedestrian Ingress and egrcas to and from Parcel t from Parcel 2;
(d) To grtuit to the Owner of Parcel 2 the right to enter upon Parcel 1 any time
for the purposes of; maintaining, replacing and/or repairing all of the
Improvements placed upon Parcel 1 in conformity with the provisions of
Subparagraph (b), hereinabove.
2, Ingress and . ress for the Benefit of Parcel 1. Realport agrees, so long as
Realport or its duly authorized successors and assigns shall retain the leasehold upon
Parcel 1 pursuant to said Ground Lease, the holder of said leasehold interest shall have
the right and license to cross over the parking area as it may be established from time to
d pedestrian ingress
and egrdunfettered shaU have an
ess to Parcel lreross Parcel 2 fromthe abutting publit c streetsof Dover Drive and
16th Street.
3. Termination. The licenses granted hereby shall terminate upon the first to
occur of the toliow g conditions:
(a) The termination of Realport's leasehold interest under the Ground Lease; or
(b) A written document executed, acknowledged and duly recorded In the
County Recorder's Office by the record fee Owner of Parcel 2 and the
holder of Realport's leasehold interest upon Parcel t.
IN wrrNESS WHEREOF, the undersigned has executed this document as of
the date and year first hereinabove written.
IiEALPORTTCCHPO
B t)�
Y•(
Its
MM
A
" e anning Commission Neetin 4a 22, 1980
Agenda Item No.`�� 1
CITY OF NEMPORT,BEACN
May 14, 1980
70. Planning Commission
FROM: Planning,Department
I', T
-
SUBJECT: Resubdi.visfon No.-'664 (Continued Public Nea'rino)-„
Request to create three parcels of land for commercial
development , the acceptance o,p an offsite pa rY.t nq
agreement for a portion of the required parking spaces for
the Bark of Newport complex, and the acceptance of an
Environmental Document.
LOCATION: Lot 148, Tract No. 1218, located at 745 Dover Drive, on the
,westerly side of Dover Drive, southerly of 16th Street.
ZONE: A-P-B
`
APPLICAIT: Bank of Newport, Newport Beach
OWNER: Lawrence K. Harvey, et al, Corona del Mar
Y
Backs round
0
At its meeting of April 24, 1980, the Planning Commission continued
this matter to the Commission meeting of May 22, 1980, inasmuch as
A
-
the applicant was absent from the public hearing. A copy of the staff
�.
report dated April 17, 1980, related vicinity map and Negative Declaration
T
are attached for Commission review. A Tentative Parcel Map and a plot
plan of the adJofning Bank of Newport and offsite parking spaces wil•1
e
be on display in the Council Chambers.
0
PLANNING DEPARTMENT
Ti
JAMES 0. 1 KICKER, DIRECTOR
a•
�7 p
By z&:��
w
P ,
a)
{till lam La' ycoc
Current Planning Administrator
KRL/dlt
Attachments; Staff Report dated April 17, U80
Exh•i bit •A
-
64. v4cfaity.Map,-
t Negative Doe'laration - -
r
Exhibit A ® -
x _ Gfndtnos+and ; Conditions -
Of Approval '
'Resubdivision No, 654 ..
A. FINDINGS: ,
1. That the map meets the -requirements of Title 19 of the Newport
Beach Municipal Code, all ordinances of the City,�1 tl applicable
general or specific plans and the Planning Commission is satisfied
with•the Rlap'of subdivision•• .
2. That the proposed resubdivision presents no problems from a planning
standpoint.
3. That the proposed development is consistent with the Land Use
Element of the General Flan and is compatible with surroundtng
land uses,
4.• The project will not have any significant environmental impact.
S. The Police Department has indicated that they do not contemplate
any problems.
6. The offstte parking area adjoins the Bank of Newport property
and has been utilized by the customers and employees of the
bank use since 1972.
7. The offsite parking spaces will not create undue traffic hazards
in the surrounding area.
8. Tne applicant will maintain a long term lease for the offsite
parking area.
9. The City Traffic Engineer has approved the proposed offsite
parking arrangement.
B. CONDITIONS OF APPROVAL
1. That a parcel map be filed.
2. That all Improvements be constructed as required by ordinance
and the Public Works Department.
3. That the remaining sidewalk along the Dover Drive frontage
be completed, and a standard drive apron be constructed at the
southerly drive.
4• That A standard subdivision agreement and accompanying surety
be provided to guarantee the satisfactory completion of the
publ-fe improvements if it is desired to obtain Building Permits
or to record the Parcel Map prior to completion of the public
improvements,
r
S. That ParceT No. 2 shal:T'be'otfPfzedl_fdr 'landseaping and offstreet
Parkin 9, purposes only,
6. That an offsite parking ageeement•shall 'be approved by the City
Council guaranteeing that a minimum of 9 parking spaces shall be
Provided on Parcel No. 2 of this application, for the duration _
of the Bank of Newport use up the property ('that portion of
Lot 3, Tract. No, 1126, located on the sodthwester)Y'corner
Of Dover Drive'and 16th Street).-
7. That there be a document recorded-satlsfaetory,to the City
Attorney and the 'Planning Director providing for the common
access to Dover Drive and 16th Street and-common'parking
spaces for Parcel Nos. 1. and 2 of this applI cation and for
the existing Bank of Newport property.
8. vacuum sweeping oVail-paved parking arias:and drives shall be
provided on the subject property on a weekly 'basis,
9. The project shalt provide for the sorti6g of rocycable material
from other so 1,1d wastes.
.fop'
`;i,MwPlace:'r;Cit Council Ch a,:•::- :r.; .. ..,T;',;:
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ROLL CALL
w«' c. 4:>;•:; ' },'
INDEX,'
�:
;Pre""sent;;,K x
"Absent
x.Commissioners'
'Hal di'nger,'and-;Cokas_ttere " sent:k,
..',..
* *
,. •r, : n.. • -., a
'•„-'�^•'ice•:,;'•{•;
i�,i Y.1•a4�,;': .,
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EX=OFFICIO MEMBERSt •x-' v"
wih", ''
y.;;11+ ,_-:•
James D',Hewicke'r;,`Planning gilrelctor"?•:
`°'„-'.
Robert Burnham;'Assistant C�Yty'Attorney'
''[^�''
'a:,,',
STAFF MEMBERS:
Gr.";;•-.'"
Wtlltam R. Layeo ,Current Planning Administrato
+,
Donald/VabDbtA istant City Engineer
GlennaSecretary
Minute By; Glenna Sutton
"
Motion';'x
401ti'on was made',to4pprove the minutes o'f the + ?''.
`.2,
Ayyaes.'
x
regular Planning,Commission.meeting of '•May,B,^t:;,'
1980l,as revised,'iJf;;,„ !',.,. , • ,. r,,
w:"
Mali on".'
Motibn-was made, to''continur'Agenda+Iteiw' No:`.2;X`$4r`,
{;j;''
,,Ayes''a+`/nt
x
x a Traffic'. Phasing:_ Plan:for`the remaining develop-'
* *
ment of the Corporate,'Plaza.Planned',Community;;;;;'
•':to
the-regdlar,Planning CommissionAneeting'.of,.June
19,;1980, per.the.Staffs request, to;•atow.,:•'.sufficient
time to,review the,•traffic•lnformationr"n:
submitted by the 'Irvine Company.
Request to`ereate-;'thre8'pareeIs of land' for%eom=:'
I'te+n ll';
mercial.development ;the acceptance of an •offsite'
'+
+; "r>[.;,•,'
parking'•agreement for;,a'portion of,the'required,',, ,
RESUB4';•xt
parking spaces for,,+the Bank. of, Newport:complex,•;i;.'
TIT 1611
I.T.
syi p jj
and the, acceptance.of,an.Environmenta-1:`•'DocumentA",t
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CONTIH".,�,;1
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�'•�+i,�F�ib r,n•. r••�t; .May, 22.;,2980;',,: ;,�,:'`ya�,.i., 1', Ii•+ ,,",,,1.7,';.�', •1'r,':r; ti�i $pr.?'b•.
'F a RCtN�'{��'!i ' . ,� ;�, .'.. • '. 1, r , . " r"'.'' ei :.;4,, r I` ,�' ,'�r r t. ' ,•'��fl.+f
�;+, IN City Id Newport Beach
K XL CALL
INDEX
LOCATION: Lot 148, Tract'No. 1218, located
;•;. `-"+
at 745 Dover Drive, on the west-
erly side of ,Dover Drive, souther-
`'•`r•`
ly of 16th Street,.
',;I•.'t '
t
ZONE: 'A-P-H
?
'APPLICANT:. Bank. of Newport; Newport Beach ,.
OWNER, Lawrence K. Harvey, et al, Corona
I
del Mar
In response to a question posed,by Commissioner
Allen,, 'William Laycock, Current Planning Admin-
istrator, replied that at the time the bank was
constructed, the building site i'tdelf was on the
lower pad with a bluff up to thetupper pad, which
_
is thelRaleigh'•Ilills Convalescent: Hospital site.
He add d that, in fact, the property line between
the two building sites was,actually at the bottom
of the bluff and it was not discovered until' this
resubdivision came,i'nto being, thlat a portion of
the required parking spaces for the Bank.of New-
port is located on the adjoining hospital' proper-
The -Public Nearing continue&,'regarding •thi's'rlteni
:'+6
and Paul .Ruffing,:.Architect;,rappeared before,the'
Planning Commission,and.•intrEsponse•;,to'a`question'';
,'•,,
posed 'by James Hewicker;t.Plannln9,Director; he'
,`
rep lied.that the bank has for •some,time been rent-
''•'•'''
ing portions of -the two buildings.'that are, on Par-
, ,•;'.
cel No. 1 and that they have a need,for a long-
term leasa, rather than just,rentin9 space 1n the
building. He, explained that in order to do this,
it was necessaryy for.them,to submit, &'parcel.map.
:.: •. t
He added that they•would also 1i'ke to'expand ..their
'Y,,.„' t
parking., He further explained that the topography
map, identified the edge of the asphalt paving
';',:;•,,,
which' was -encroaching into'•the a'djacent,Property',;
and they:.included in their-.'lease,negotiations
enodghkland- to acquire .to-.cbrrect'the mistake and
"'.•;,.:;
possibly, increase the drivexay wNdth;'=xhich would
•."':+•:.,
„•".!' ,,,,'"
allow"for' additional parking, adjacent{to-the bank,:.`''•,•'''`;
'f;Jr
r ,..
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....''tti'iiF•1''''"''el.er:.;,it.'i�D4.,'lx,.a F, j'g;; V{^oi�.+?{'tw�.F
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ROLL CALL
INDEX",
In response -to a question po s e'd 'by o m m- I s s I o n e r,
AI'len,,Mr. Ruffing, replied that there are no
immediate plans to-change,any use now'6n the site
... .....
C o mm I S s VO,n e a I I*s' ex'Ore'ssed, his`con"c'e'r'n
garding the existing drive -up teller facility and
the%traffic problem it causes..
Mr Ruf in, stat:d' Sai"tbey- apol'ed for a �resub-
divisi n because
6caus thebank IS.,leatino' land that'lls,
beinglubdivided'from a larger parcel and,that
other than, that the bank itself has no need for,
the subdivision and'the parcel Plap other than to
identify the land that they are leasing according
to the,ordinances• and the code.
Commissioner Beek stated his concern'regarding
creating rong'sliv r shapparcel'Hsuggest-
ad that e: 1) balot line adjustment so
that t1is,land be included as part. of the Bank of
eM
Hwportsparcel, or;
P h'e Raleigh Hills
f2)
Hospital
or a'y6t Convalescent n offsite parking
agreement.
John Richards,' resen ' ta ' ti ve; " ' ipp , eared,,before
the Planni-ng Comm ssion,-4nd explainid,,th'at: :undeO',"
'State
theSubdivision'Map-Act-fo r,. any, Sal el;�t lease
or fin ncing.o'nt:is;::requirede,�eitlfer, io conduct
a subdivision; or. a sUrvey.,;'Av,He stated that when'''.
tfiey'-conducted the'survey-:'Wn the fieIA'.,'they ,
learned that part of. their,' parking, was on the
Raleigh3 He added tiNt they want to:", Hi 1 site
I
,,He,-,further;ExO,Ialned�reard--
t""
:;Se
t,that,parking
r
ground lea;e,,& o'und-the'pther:two build-
ings,fthat th a, State law requires a parcel map
and that a lot line adjustment woul¬ be -al -,-
loved, because it would be;creating an additional
parcel.
In ' response to a question posed by, Mr., flewicker. ,
Mr. Richards stated that they are not'contemplat-
in any sale of land,at this•time and, that they:..-
are,only Interested in a lease."'
"UNn "S V
City of NE
, .• y,{,`,: (:fit-::(:,'•1 9g,<''� � 9t����rv1'�}�\)+}r)�: %'"�,h
:i' �'; .A �. � i i•, :�}! .'L'r�f,'i'�i;'),r .,� Mb!Ar�: 7�'ikPy;
Drt Beach ,
�
In response to a question posed by Commissioner'; ,y;,i,,•,;;«,
Bpp alis, Mfb Newitker replied that if Raleigh
Nils Agrees to Provide At no cost the area where'
the parking spaces are located. the Bank of New
port would need to have a resubdlvision;' however,
if the ground is going to be leased, a parcel
map is required. 'r• ++l
i:
Mr. Richards *added that'when on-'Iea'sas,the
ground, one also leases the building..'
In response to a question posed by Commissioner' r
Beek, Robert Burnham, Assistant C1ty'Attorney,
replied that the Subdivision Map Act talks about
a division of land and a ground lease and that
they are referring' to a lease of the entire ee-
simple interest; that is, that the owner is teas-
ing all his interest in that property to someone'.
else without a reservation.
Mr. Burnham further informed the Planning Commis-
sion that this particular proposed resubdivision
it Contrary to th t lnttnt of the. Map. Act. chick 1
{ ip II'�'l'�s1c��4`-r4' '� :,JWk 14P ink" y,re'I�n�
t 1n'th I'eaae^Neu d'b1-6 jBB ! t1rna �v Ire'dti,h
a'partel.shaped-such as this one,.-!r,'(,{<<'t•p' ?,,• :,t:'.,r}:':;'y+E'
Mr: Newieker informed the Planning ComrTis'iod'tha
parcels such'.as this have'been,created many times'
and these parcels are used for'either•,landscaping' or parking purposes and there are: notations on the
parcel maps which indicate that these parcels, are ,�..
not individual building sites'.,
Mr. Ruffing explaigqed that t
hey heve'a'nota on ' 1.
their parcel map wR1ch indicates that.Parcel No..,
2 would be used for ingress,' egress, parking and'•.'
landscaping onl i:'•' ''`_"`
P 9 y,C }.!Y. •. ,, ,1. .1..::'�. 1,: rkt .;1', `fr 'b`j°,. 'L i5
Mr.4RuffIng also; commented'regardingftondt;tion' No. ,,r+•'1'';''•;;>
3,j'expressing' his,',feel ingi,.that requiripg'y,ctuc-
'onsr,`�ik•,,
! •,, , ,�,' '_.,{. ;,t,r, r+L,;' 1�."'rp,+l x,,:l ri: il:dl'Y, p!'
•' t', "• er''{r .i:i^''tr d' 11Wt�i}'t('t9' Fri], �'i;�^d.t}rlA,d
1••tA h''h(� i11 .. „ 1'„ .,}yi(rF{/Y(i1 •�'.11l l,I 1' \;�}r(t',1 1a�1�nIN,'rj ;i:
' pii' �. `, t� lj1,.1 .;r •pf n•(V; �: � \,tR ��. S (. �� '1lil�, U:• �RR
,� ,.Iv ,� �'' ,1'r'�. •. 1,} �d�. ty" i t, a„,i ,J:�:'( S�r ('/'� VLi 6n� �'
i •I iA II:�`�' 1"i, .'� .r 1'r J,{:A 1 �, Fy'ii-•, q}H r' i /'1 ti; !�'F)'�, j' ,T �,:`y S V4,,
' 7 � r. , V � ,' t,, ' ' „{ f.•�tp' i r;p� Z,�, t;, ) ';� iy �`'�''' 14f'
',i ''� iM1 x{:r •.:;.{ � 'i. ,. tir.0 �*' VI µl, r''�i';,' ' '� a!""'"�,:�, a. .,+ x ldS
' t, , ;� i o.';•;::�^'•yY,k `.1'a,i}� h h•i. +,?t4N N, If v, li .,..' , �i'/'n.
t'; + ' i ' �' •i4 r +' �'•;,;;.�jj..; 33,,b(,'Y.tJ•,�!},� lr��.t'� i��St ,T,�: '��`�x�
�I"(i ?1l�'•t SY\�e4�'tiir�t: ,,}i�'}'r,'4'. ,,4, i'(� le }d'(Q�1'N{�•,(`A S4 1�y},jN {•4
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, x 1 '1'li t'•,, . � x, Id t t '/11'1 11., y1" A �i
, '%` �1 a'„ ;i 1/ "�PC::1t>K�y u, 1!.'Ff"k.l.+i�':iE :,14,;k,��t.�lty 1���+.•. �'�'4•>��'�"@^k��4�
,�. `�>� 'b u: �iZ}t��'A, ly\y '41��'l�lyyfd���s! , ai�ir��'t.�i'�• �' �.�} �,�� p nf�' li..' • i 4 1 4 1 ��
I
M
ay- zz Ivbu
,i� IF
9 City of ew 6-r �OLL CALL I I I 1 1,1 1 1 INDEX%,J,
U 16 n "of improvementviucfi as this is a hurden"on
them; when all they are requesting is that,they,
4, be Allowed. to create three legal sites and 'are
not -undergoing any c nstru6tion..,;,H* explained
o j
that -there is existing a driveway,' a curb and a':!,,
gutter that ,have 'been used f or�.years well ,Ai:
a 60!, asphalt t - He'',request
idewalk., , ed'Of,-the Plan
ning Commission thatv they. consider tbit,"an, ad-'
A 6hdi tion.,-that
ditional phrase be added to this;c
these Impr6vements b required only iVthe 'time
a
of the application for a building permit, use.,Pe
m it or conlitruction.
Donald,Webb,,Assistant City'Enginie Stated his
acceptance of this. )r
Commissioner Thomas stated his 'preference for in
offs-ite parking agreement with Raleigh Hills.
Commissioner balalis stated his'uhdorstandin'g tha
the parcel of land under discussion is strictly
r
o the exclusive f use of the Bank of Newport.
MrHewickir explained''to-the,'O'I'&!'n'ning,Co�mission'
that in.,situations such as,thi3,,."theyattemptto
have, the.property'line at the topofbluff', but
thatn
this particular. case,'Ahe" ro'p6rty,,lAne,,1
drawn midway between the top,ind t a. toj�,of, the''::.
slope..., He added that1ii has,bein rev1cWed,.,'by,th
Grading Engineerand that he :sees,%no`:Probl im With
He
the property line -going midway.,up the, slope,4L..He.,,
a
explain further that,this
d prdv.ide; thw Bank'
0
Newport with the 4bil I ty to, leasi, t `0 propert y s
as to obtalin, control: of 'their �parklp 19.,.�,:andi-it put
C
s
a portionjol the scope . pefacing thebaink-in a Post- Q,
tion where it will
I , a aintained-by said bank, as
opposed to Raleigh -Hills Convalesc t•Hosi tal
which is on,the top head and.cann t see the slope
and probably would not be concerned as •to the con-
dltlon of-the,,,sIope. . Abb"f6rtbe�,'-ihformed6,;the�'P.lannirIC'OMmiss on
i
tha RaleighHills.!weri,t6,,eve l�-thisar;"
"�
eel ;to' the bank map.would fni6esszrily;jhaveto,,N6.
dt'W of Newp6rt;
WLL CALL t jINDEX; ,-,,1j11.*
j
be filed to creaie"tha' parcel,, th'eireby%pr0 �vi df ng
a mechanism for them to sell ,at ,some time imthe
future
C 0 mmissioner"Ail'en'txPresstid hi'r• fee.
ling' that, the
are condoning a'very serious triffic-hazard.,.s.,, 121
Commi s,si oner,,Beek;�'stated S"' pref erenci that"th•
application I• V
nclude A condition that the taller,
facility be � removed in the next year or, two.
- Commissioner Allen stated her preference that
they -have a' development plan that includes the -
removal of the teller
faci l,ity ,•a6d-, she,,,requested'
that some kind of preliminary timetable be proyid-
77 ad as,to its removal.
x Motion was made,to conti,ndi this Item to the •re -
A es"', x x x x1gular Planning Commission -meeting of June 19,,
1980, to allow idditional.'time forthe applicant
to review alternatepTi�ilitie S1.
f ""ZI-N 4P
Request to consider,a Traffic Phasing Plan f0 rj Item. #V�� I
remaining development, of -the' Corporate 'Plaza P1 an,
and
th i acceptance-,,,- `TRAFFIC;;
ned Community TRA
A"O m 'tAl n't .... ..
en -Docume
Propert�` b6unde'd, by: Ta s t
LOCATION: Coast
-
Highw y,,Newporf. Center 0 ri ve.', * Farallon Drive and Avodado Avenu'e,i
in Newport Center. s JUNE .19,.,
MW
ZONE: P-C
APPLICANT: The inii. qo mpany, Newport Beach
.1CANT. v
OUHER, same a's,. ican't
i�� N- i ,
Ii
;,.Tte6 b
mot wis
•x
TA IS K X x regular, ,,Planning:CoMmi,ssiOntneetihg,
1980O1per"thaA.Stfflsrecommendat
additional ,,vIew'c;6the,
9
i
01111
Kill
ity oV, N6Wp'6'r*
%
and approve Use Permit No: 19 3 5 's d j V, to' the
following revised conditions-:,',1�11,,
I. That 'develdpman 51l1: be 'i fi'* ubita n tigll con
formdnce with -the -approved ot;-,plan and
floor plan and sign el va ons,_:except as i
"a,
noted,below, 'In
Al
2. That the "on-ii te 'par' 9' a e Is," I. be i,�
r t W,
marked with ap'p ove t af c,,maikers b r
painted white in ),n 0 t ,. 1 s,than four in'c
wide -in e accordan with't parkingapproved,
layout. Said e
roved plan includes thede-
letion of par ng space'no. 3..
e than seven rental automobiles
3. That no mo "
shall be Permitted on.the,,site at any one
time.
A.
Tha all vehicles shall e limited -to pas -
see er automobiles only.,
5. hat no P.,intenance or cl an1fn, g'of automo-
biles s 11,be permitted }on the site.
Thai. O.otproposed double-faced'iround'sign.
height -of 3,feet nor,ar' 1
sha I A exceed a,4
lent'. of 5 feet with,a.maximum area of,
sq. . t., -per face.., furthermore',Ahe subject.
sign •shall be setback' at.1 east feetfrom,''
the, street right-'6f-way..
2�1
7. That there , s ha' 11 , b ho'l d'-fiar'mi ess'* aigreemen
between the owner and the City that shall
protect the City_from:any liability.,- •:1
8.,-• That, the, cixistlence ,61`,, th'e' permi t" shal I be "
'based oW the :contfndidl val idi ty-.o'f the e as, e
;P,;`
hol oement.,of, 06,'applic6nt., -
Q
R eq 6 q s t t o b r e a tt Jh rb 6! pai r 6 p I '�Nof!, I a n'd fe Fi" - , ,
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