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HomeMy WebLinkAbout419 31ST STREET111111111 lill 111111111111 419 31 St STREET _r i 4( CITY OF NEWPORT BEACH EWPp Odd ar6 COMMUNITY AND ECONOMIC Dl JIS PLANNING DEPARTMENT 33oo NEWPORT BOULEVARD NEWPORT BEACH, CA 92656 (714) 644-3200; FAX (714) 644-3$0 PARTI: CoverPage Project Common Name (if applicable- Application: ❑ Use Permit No. ❑ Planning Director's Use Permit No. ❑ G.P.A./Amendment No. ❑ Variance No. ❑a) C r—,* /5 PiCG tl Irl� .Qo FEES: APPLICANT (Print): 5u2AwN6 Ftn/Annai CONTACT PERSON (if different): tLr_ r--. WS4&N, At2CH, Mailing Address' 'nn „-.?(ff�-- AIV(id l�5���-( � JN NP Mail`ingAddd�r'e�ss���'7(U'�� 1S(oG3 Phone: gftl Fax ( ) . Phone: (qtR) l/ 0ly ,5 Fax (14 ip� 7`0 �U2J Property OW a if i eren fr above): 502A ni+OS P1 IUAMDZME1 a Mailing Address: Phone: ( ) �( SO Fax( ) PROJECTADDRESS: ProjectDescription(describebriefly) 3- 5TOTu1 9-*TA g,_&P7 �Vvt\7`IA t, (Arl V p*tA I I i Al 4 2� &C J M i-A rA II_N 0 UJQ& � V cN6 A 5 t-a I Variances For For Variances - Required Findings: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the anolicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. To aid staff in determining that the finding can be made in this particular case please answer the following questions with regard to your request. (Please attach on separate sheet, if necessary.) 1. What exceptional circumstances apply to the property, building, or use? F120vinveo Moax,, V5,6 or- ��znP> tzT4. 2. Why is a variance necessary to preserve property rights? TO "(t4e5- -d4mF--. N�avati— SFI A t2..62 ()W 21.l&a 9177� L a I N AJ15lro!t1 �2 3. Why will proposal not be detrimental to the neighborhood? ML , R Wu96 &S IS't'. ADJ01WINrati440 5-t, Qr=K-At 6 !rtVACJC9 (I Sp8L—& K&i J2 IV GD N FDR.WMN6 u� PROPERTY OWNER'S AFFIDAVIT Nb (I) (We) Sv ZAN106 r- ( NAMO$ZO depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s) \I n, QAA N,.L NOTE: An agent may sign for the owner if written authorizationfrom the record owner is filed with the application. 0 4 DO NOT COMPLETEAPPLICATIONBELOW THIS LINE FOR PLANNING DEPARTMENT USE ONLY: Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO V PV6/d Date Filed: ! Q FeePd:._ �� � ReceiptNo: Date Deemed Complete: _ Hearing Date: Posting Date: Mailing Date: Modifications Committee Action Planning Director Action Date P.C. Hearing 1r2, C.C. Hearing FUSERS\PLN\SHARED\l FORMS\USE-APP.DOC C.C. PART I1: Project Data Met 4 Project Common Name: SuJ-IAO► & FINAMpr� Application Number(s): Project AddresslLocation: Assessors Parcel Number(s): Legal Description (Attach on separate sheet, If necessary): ,Gar I � 150er. 43l t%Lo-1; rAer4w& 1549!M- Existing Land Use: Proposed Land Use: Zoning District: Land Use Designation: Existing Development Proposed Development Zoning Code Requirement Lot Area (so 'L790 0- ram 27 0 ti.fw Lot Width (ft) ?01 �O t �101 Lot Depth (ft) t O If Setback Yards V,4r-AMC Front (ft) t. Side (ft) ace Side (ft) fit. Rear (ft) (i)j•D`' jp%.0" Gross Floor Area (sfi Ito g Floor Area Ratio Building Coverage (%) Building Height (ft) 5t`'0iZ&%.Ot` Landscaping (%) Paving (%) N/A Parking �'ip. Gr+eN lG. GM Number of Employees N mber of seats Dwelling Units :I `RECORDING REQ&STED AND ` WHEN RECORDE ETURN TO: City Clerk's Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Recorded in Aounty of Orange, California Oars� L. Granville, Clerk/Recorder 19990218214 12; 32pm 03/24/99 008 12052670 12 21 Al2 6 6.00 15.00 0,00 0.00 0.00 0.00 Space above this line for Recorder's use OFF -SITE PARKING AGREEMENT This Off -Site Parking Agreement, ("Agreement") made and entered into this �_ day of nnaw 1999, the City of Newport Beach, a municipal corporation and charter City, ("City"), and Suzanne Finamore, ("Owner"), and is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: 1. Owner is the owner of that certain parcel of real property located at 417 31st Street, ("Parcel 2") in City, County of Orange, State of California, which real property is more particularly described as: Lot 13 in Block 431 of Lancaster's Addition to Newport Beach, in City, County of Orange, State of California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Owner is the fee title owner to Parcel 2. 2. Owner has received approval fr" City to construct and occupy a mixed used commercial/residential building on the property located at 419 31st Street, ("Parcel 1") in City, County of Orange, State of California, which real property is more particularly described as: Lot 14, Block 431 of Lancaster's Addition to Newport Beach, in City, County of Orange, State of California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Owner is the fee title owner to Parcel 1. 3. Current provisions of the Newport Beach Municipal Code, (Municipal Code) require that person constructing such a building as being constructed on Parcel 1 provide parking spaces for their building on a basis of two (2) parking spaces for each residential unit and one (1) space for each two hundred fifty (250) square feet of commercial development. The proposed building has one (1) residential unit and one thousand (1,000) square feet of commercial and therefore has a parking requirement of six (6) spaces. Because of the lot size, proposed building size and the requirements of the American Disabilities Act (ADA) regarding disabled parking spaces, only five (5) spaces can be accommodated on Parcel 1. 1 of 6 4. By this Agrilment and in compliance with 0ty's Municipal Code regarding parking, Owner hereby agrees that a portion of one (1) parking space shall be provided and maintained on Parcel 2 for the use located at Parcel 1. Said area provided for on Parcel 2 is a total of 162 square feet (9 ft. x 18 ft.) and is more fully set forth on Exhibit "A", attached hereto and made a part hereof by reference. Parcel 2 is a legal nonconforming building and has no required off street parking on site. 5. The Planning Commission of City recommended to the City Council of City's approval of this Agreement, after determining that the conditions of Section 20.30.035(D) of City's Municipal Code were satisfied. 6. The City Council of City considered this Property Off -site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Municipal Code, and authorized execution of this Agreement. NOW THEREFORE, the Parties hereto agree as follows: A. Owner hereby agrees that a portion of one (1) of the required parking spaces for Parcel 1 shall be provided and maintained on Parcel 2 for the use located at 419 31st Street, Newport Beach, California. Said area provided for on Parcel 2 is a total of 162 square feet (9 ft. x 18 ft.) and is more fully set forth on Exhibit "A", attached hereto and made a part hereof by reference. B. The parking space described as Parcel 1, on the 419 31st Street side of the building will be a five foot (6) set back off the alley and eighteen feet (18') deep to meet current code requirements with appropriate signage for the exclusive use of the parking space for 419 31 st Street. C. On the 417 31st Street side of parking space will be eighteen feet (18') deep off the existing building with no set back. D. If 417 31st Street building is demolished and rebuilt the parking space must be a five foot (5') set back off the alley and eighteen feet (18') deep, to conform with 419 31st Street building to meet code requirements. E. Owner agrees that in the event Parcel 2 is sold to a new owner that this Agreement shall remain in full force and effect and that such owner shall take said Parcel subject to the burdens placed on the property as a result of this Agreement. The duties of Owner pursuant to this paragraph shall continue for such time as the Owner maintains on Parcel 1, the mixed use commercial/residential building with the characteristics, and intensity of use, and square footage authorized by the approvals granted by City on July 23, 1998, in conjunction with the approval of this Agreement. In the event that parking requirements in City are amended to reflect less of a parking requirement than six (6) parking spaces for Parcel 1, it is agreed that Owner may terminate this Agreement and that Parcel 2 will no longer 2 of 6 be burde P **th the requirement of providing �ortion of the one (1) space on aj�12, as depicted on Exhibit "A". F. In the event that the use of the portion of the off street automobile parking spaces provided for in this Agreement is lost to Owner, for any reason, Owner agrees to do the following: Notify the Planning Director of City, in writing, and within thirty (30), days of the loss of the parking spaces, that automobile parking spaces previously available to Owner are no longer available; and H. Alter the characteristics of, or reduce the intensity of the use of Parcel 1 such that the automobile parking spaces available to, and under the control of Owner are, given consideration to any nonconforming rights that Owner may have as the date of this Agreement, sufficient to satisfy the parking requirements of City's Municipal Code. iii. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Owner shall submit to the Planning Director of City a new or amended Agreement, giving Owner the use of at least the same number of parking spaces required by the long term Lease Agreement and this Agreement shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of City as required by the Charter of City and'City's Municipal Code. G. Owner shall fully perform all of the conditions of approval imposed by the Planning Commission in conjunction with the approval of this Agreement. The minutes of the Planning Commission and/or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "B" and are incorporated herein by reference. H. This Agreement shall run with the property, shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the Parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. 3 of 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH, a Municipal corporation BY: Zjwo�- 'Dennis O Neil, Mayor • TY1041:1 00aig"A AN ITEM "VV-1 APPROVE S TO FO By: z : Robin L. Clauson, Assistant City Attorney N=WR. ATTEST:: LaVonne Harkless, City Clerk F USERSTLNISHAREDYI FORMSIOFFSITEMAGMT F Dated: 3 1 Da 2y Dated: 0(6q Dated: .31aa.19 9 `STATE OF CALIFOAIA ) is ) ss: COUNTY OF ORANGE ) instrument. WITNESS my hand an Notary Public In an (This area for official nol / 7RtlKC!�-, appeared personally know Cory vldence) to be the person( instrument aI acknowledged to ame in ht e t - authorized aturesA on the instrument the the person acted, executed the d official seal. NICKI L. RANCK COMM. #1080771 '� NOTARYPUBUC•CAUFORNIA ORANGE COUNTY � A� y My Comm. Expires Dec. 17,18A8 iti STATE OF CALIFOWA) • ) ss: COUNTY OF ORANGE ) OnV\a-/\t�' a 1999, before me,Q.'�4 personally appeared v , Q' '-A La TNfo't_ 0 . Irkwy'VIpersonally known t'o me to be the perso s) Whose nam (s) is re subscribed to the within instrument and a owledged to me that he she hey has execute a same in his/her hei authorized capacit 'es , and at by his/her heir signatur (s on the instrument the perso (s) or the entity upon behalf o which the person acted, executed the WITNESS my hand and official seal. CATHY FISHER Commission # 1174329 �r € QComm, Notary Public -California Notary Public i d for said State Q Mvn9E Fueb 1,2M2 (This area for official notarial seal) .aly oon COUNTY CLERK -RECORDER 1 CERTIFY THAT, IF HIS IS SEAL IS AFFIXED ooJ n fI � IN PURPLE INK,THISISATRUEAND �/7`._ U% CORRECT COPY OF THE PERMANENT RECORD {t/r_ FILED OR RECORDED INTHI OFFICE MAR 2 4 1999 FEE c�°auNTv �P~�� ORANG COUNTY S E OF CALIFORNIA DATE_.— -- 6 of 6 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658,8915 PLANNING DEPARTMENT (949) 644-3200 January 19, 1999 Suzanne Finamore 2630 Avon Street, #E Newport Beach, CA 92663 Subject: Property Located at 417 31" Street and 419 31" Street Off -Site Parking Agreement Dear Ms. Finamore: This letter is in reference to the above listed property. It has come to our attention that we have not received the required signed and notarized Off -Site Parking Agreement between you and the City of Newport Beach. Therefore, please find enclosed a copy of the agreement, which needs to be signed and notarized by you. Once this has been done, please forward the original to my attention along with a check made payable to "County Clerk -Recorder" in the amount of $24. Please be advised that until the agreement is recorded, a "Hold on Final' notification has been placed on the Building Permit for your new building, which could hold up completion of your project. Thank you in advance to your attention to this matter. If you have any questions, please do not hesitate to contact me at (949) 644-3208. Sincerely, Eug ef Garcia Associate Planner :jrj Enclosure 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 Space Above This Line for Recorder's Use Only OFF -SITE PARKING AGREEMENT THIS AGREEMENT, made and entered into this day of July, 1998, the CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," and SUZANNE FINAMORE, herein- after referred to as "Owner," and is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: I. Owner is the owner of that certain parcel of real property located at 417 3Vt° Street, in the City of Newport Beach, County of orange, State of California, which real property is more particularly described as: Lot 13 in Block 431 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of Cali- fornia, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Owner is the fee title owner to said property. Said property is hereinaf- ter referred to as "Parcel 219. II. Owner has received approval from the City of Newport Beach to construct and occupy a mixed use commercial/residential building on the property located at 419 313h Street, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as: Lot 14, Block 431 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of Califor- nia, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Owner is the fee title owner to said property. Said real property is hereinafter described as "Parcel 161; III. Current provisions of the Newport Beach Municipal Code require that persons constructing such a building as being constructed on Parcel 1 provide parking spaces for their building on a basis of two (2) parking spaces for each residential unit and one (1) space for each two hundred fifty (250) square feet of commercial development. The proposed building has one (1) residential unit and one thousand (1000) square feet of commercial and therefore has a parking requirement of six (6) spaces. Because of the lot size, proposed building size and the requirements of the American Disabilities Act regarding disabled parking spaces, only five (5) spaces can be accommodated on Parcel 1. IV. By this Agreement and in compliance with the City of Newport Beach Municipal Code regarding parking, Owner hereby agrees that a portion of one (1) parking space shall be provided and maintained on Parcel 2 for the use located at 419 31" Street, Newport Beach, Califor- nia. Said area provided for on Parcel 2 is a total of square feet and is more fully set forth on Exhibit "A", attached hereto and made a part hereof by reference. Parcel 2 is a legal non conforming building and has no required off street parking on site. VI. The Planning Commission of the City of Newport Beach recom- mended to the City Council of the City of Newport Beach approval of this Off -Site Parking Agreement, after determining that the conditions of Section 20.30.035(D) of the Newport Beach Municipal Code were satisfied,, and F VII. The City Council of the City of Newport Beach considered this proposed Off -Site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code, and authorized execution of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Owner hereby agrees that a portion of one (1) of the required parking spaces for Parcel 1 shall be provided and maintained on Parcel 2 for the use located at 419 31" Street, Newport Beach, California. Said area provided for on Parcel 2 is a total of square feet and is more fully set forth on Exhibit "A", attached hereto and made a part hereof by reference. 2. Owner agrees that in the event Parcel 2 is sold to a new owner that this Agreement shall remain in full force and effect and that such owner shall take said Parcel subject to the burdens placed on the prop- erty as a result of this Off Street Parking Agreement. The duties of Owner pursuant to this paragraph shall continue for such time as the Owner maintains on Parcel 1, the mixed use commercial/residential build- ing with the characteristics, and intensity of use, and square footage authorized by the approvals granted by City on July , 1998, in conjunction with the approval of this Off -Street Parking Agreement. In the event that parking requirements in the City of Newport Beach are amended to reflect less of a parking requirement than six (6) parking spaces for Parcel 1, it is agreed that Owner may terminate this Agreement and that Parcel 2 will no longer be burdened with the requirement of providing a portion of the one (1), space on Parcel 2, as depicted on Exhibit A. 3 3. In the event that the use of the portion of the off-street automobile parking spaces provided for in this Agreement is lost to owner, for any reason, owner agrees to do the following: a. Notify the Planning Director of the City of Newport Beach, in writing, and within 30 days of the loss of the parking spaces, that automobile parking spaces previously available to Owner are no longer available; and b. Alter the characteristics of, or reduce the intensity of the use on Parcel 1 such that the automobile parking spaces available to, and under the control of Owner are, given consideration to any noncon- forming rights that Owner may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal Code; c. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Owner shall submit to the Planning Director of the City of Newport Beach a new or amended off -Site Parking Agreement, giving owner the use of at least the same number of parking spaces required by the long term Lease Agreement and this agreement and shall further obtain such recommendations and approvals of such agree- ment, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 4. Owner shall fully perform all of the conditions of approval imposed by the Planning Commission in conjunction with the approval of this Off -Street Parking Agreement. The minutes of the Planning Commission and/or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "B", and are incorporated herein by reference. 4 5. This Agreement shall run with the property, shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation By Mayor ATTEST: City Clerk OWNER SUZANNE FINAMORE STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On the day of , 1993, before me, , notary public, personally appeared SUZANNE FINAMORE, personally known to me -or- proved to me on the basis of satisfacto- ry evidence to be the person whose name is subscribed to the within in- strument and acknowledged to me that she executed the same in her autho- rized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instru- ment. WITNESS my hand and official seal. signature of Notary Pub' c in and for the State of California G September 17, 1998 TO: CHRISTY TEAGUE PLANNING DEPARTMENT FROM: TRANSPORTATION AND DEVELOPMENT SERVICES MANAGER SUBJECT: FAIR SHARE MEMO - 417 and 419 31" Street Cannery Village mixed -use project The proposed project consists of 1,000 s.f, of retail space with a residential unit on the second floor, Associated with the project is the conversion of 440 s,f. of retail space from an adjacent building for off -site parking. Also, a freestanding 368 s.f. building which was utilized as an office was removed from the site. As defined by the Municipal Code in Section 15.38.090, credits will be allowed for the converted retail space and for the demolished building. A credit for the 368 s.f. building will be permitted in the office category. The 440 s.f. retail space which is converting to off -site parking for the new project and also to provide a space for the existing building will be permitted in the retail category, The Fair Share Fee calculation is as follows: 1 Dwelling Unit @ 8.1 trips/dwelling unit) x $129.97/trip = $1, 053 (1,000 sf - 440 sf) retail @ 45 trips/1,000 sf x $129.97 = $3, 275 368 sf credit of office @ 14.03 trips/1,000 sf x $129.97 = TOTAL FAIR SHARE FEE Please let me know if you have any questions about the fee. q*VW Richard M.�dmonston Transportation and Development Services Mgr, - 671 $3,657 \Idivan \fairshor\memos\FinomoreProl 0 0 Modification Sidedoors: Background: Proposal: Parking: Tandem Commercial Parking: Background: Applicant seeks a modification to permit commercial tandem parking for the proposed development. The proposed development requires (2) residential and (4) commercial spaces, one of which must meet handicap size and access requirements. Proposal: Per the attached application and exhibits, the parking requirement will be met by providing tandem residential parking spaces, as well as three commercial spaces, and one handicap space. Applicant -will record an easement -over -the northeasterly comer -of the -adjacent property that is also owned by applicant for the duration of the proposed use as permitted by code section 20.66.080 Off -Street Parking On A Separate Lot which reads: A. Inert code 2Q , (0 tp . Ob 0 ,APJOwcrJ6 L0T --Wtw {HAVE FAFzl IAI(O Cory I-pT I+ LaT r3 �' x 2-V 50 TtgAT Tt-l� wtu 136- 'PAr_Y—LN& ;,?Ato q' H �' -fib to c. 5 ` Feet 1, f R - n Fi✓ A Lti-" tts't' IbV0(*. "oT Ili10 t1A Vr_ d 4tl ¢. r-, f lS C. O�FI� F+� CLC—r�1Jv AND CW V *Vt T�,V 16 �..-CAty CaAt�. Foc— � f_.L�ll� (��,g.CDCa�Ct+�t�L�c��>'�tn►f�, C�oT c3 t�' v,,v .sArva OwNw4mr) X` V_GAv �4.jr-D SS,�MpC4L 50 ' OFc�J -PAttY y\/% �n�,'Ci�l� N�DAI FIGA"Ct� YAK bba tom+ j Diri.-- GJ f✓1 t�--L�LA-L,-, >pA r_e 5 tpt- CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 11, 1998 Mr. Steven Rynas Orange County Area Supervisor California Coastal Commission South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, California 90802-4302 Subject: Application No. 5-98-177 at 417 and 419 31st Street, Newport Beach Dear Mr. Rynas: Your office approved this project subject to several special conditions. Two of the conditions were a city - approved off -site parking agreement and a modification to our zoning code to permit tandem parking spaces for commercial use. These two items were approved by our Planning Commission on July 23, 1998. Attached is a copy of the Planning Commission minutes which lists the findings and conditions of approval. Please let me know if you require further information. Sincerely, I-A41��� , Marina Marrelli Assistant Planner 3300 Newport Boulevard, Newport Beach STATE OF CALIFORNIA-THE RESOLES AGENCY PETE CALIFORNIA COASTAL COMMISSION South Coast Area Office 20o Oceangete, Suite 1000 Long Beach, CA 90802-4302 (662) 590.5071 APPLICATION NO.: 5-98-177 APPLICANT: Suzanne Finnemore Filed: July 10, 1998 49th Day: August 27, 1998 180th Day: Jan. 5, 1999 Staff: SFR-LB Staff Report: July 23, 1998 Hearing Date: August 11-14, 1998 Commission Action: AGENT: Eric Mossman PROJECT LOCATION: 417 and 419 31 st Street, City of Newport Beach, County of Orange PROJECT DESCRIPTION: At 417 31 st Street, the conversion of 420 sq. ft. of ground floor office space to a two car garage. The removal of an existing driveway and its replacement with a sidewalk. On the adjacent vacant parcel at 419 31 st. Street, the construction of a 3068 sq. ft. 31 ft. high three story mixed use building. The bottom floor consists of 1000 sq. ft. of space that will be used for commercial purposes. The second and third floors constitute a single family dwelling totaling 2068 sq. ft. The second story totals 1538 sq. ft. The third story totals 530 sq. ft. A 370 sq. ft. two car garage is attached to the bottom floor. A total of six parking spaces are proposed. The implementation of a parking management program. One of the parking spaces would straddle the property line separating the two lots. Staff recommends approval of the proposed project with three special conditions. The major issue of this staff report is the provision of adequate parking and manageability of the parking plan. Special conditions contained in this staff report to address the parking issue concern: future development, City approval of off -site parking, and conformance with parking and signage requirements. 5-98-177 (Finnemors) LOCAL APPROVALS RECEIVED: Approval in Concept 760.98 (Amended) from the City of Newport Beach. SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach certified Land Use Plan. Coastal development permits 5.97-249 (Weeda) and 5-98.048 (La Quinta Homes) 2*10191JA I JAI 4 01 b _ $ W The staff recommends that the Commission adopt the following resolution: The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 1. Notice of Receipt and _Acknowledgment. The permit is not valid and construction shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Exaltation. If construction has not commenced, the permit will expire two years from the date on which the Commission voted on the application, or in the case of administrative permits, the date on which the permit is reported to the Commission. Construction shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. Page: 2 5-98-177 (Finnemore) 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director of the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms• and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. Prior to issuance of the coastal development permit, the applicant shall execute and record a deed restriction for each lot, in a form and content acceptable to the Executive Director, stating that the subject permit is only for the development described in coastal development permit number 5-98-177; and that any future additions or other development as defined in Public Resources Code Section 30106 shall require an amendment to permit 5-98-177 or will require an additional coastal development permit from the California Coastal Commission or from its successor agency. The document shall run with the land binding all successors and assigns and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. Page: 3 6-98-177 (Finnamors) • ,. -,,.. Prior to issuance of the coastal development permit, the applicant shall submit for the review and approval of the Executive Director, written verification that the City of Newport Beach has approved the required off -site parking agreement. Any substantial change of the parking arrangement as submitted to the Executive Director shall require either and amendment to this permit or a new coastal development permit. •� „:. .,:._ :.. .• The approved parking program shall be constructed and implemented In compliance with the final plans as approved by the Executive Director for both 417 and 419 31 at Street. The signs advising customers of the availability of parking shall be clearly visible and shall be maintained. The two spaces closest to the structure at 419 31 st Street shall be reserved for employee parking. Any deviations from the plans shall require a Coastal Commission approved amendment to this permit, or written concurrence from the Executive Director that the deviation is not substantial and therefore a permit amendment is not needed. EMIL • 1 . : , . The Commission hereby finds and declares as follows: The proposed project covers two adjacent legal lots in the Cannery Village/McFadden Square Specific Plan area of the City of Newport Beach, County of Orange (Exhibit 1). The Cannery Village area is located between 32hd Street and 26th Street on the Balboa peninsula. It is a mixed use area, with commercial, industrial, and residential uses. The majority of the development will be occurring on the lot located at 419 31 at Street. The City of Newport Beach has designated the Cannery Village area for a mixture of retail and commercial uses. The land use classification is "Retail and Service Commercial". In this district residential development is allowed on the second floor in conjunction with ground floor commercial usage. At 417 31 at Street, the applicant is proposing to convert 420 sq. ft. of ground floor office space to a two car garage (Exhibits 2 and 3). The existing structure is a pre -Coastal Act two story mixed use building consisting of approximately 1800 sq. feet of office and retail use on the Page: 4 5-98-177 (Finnemore) ground floor and two residential units on the top floor. The existing structure does not have any on -site parking. The existing unused drive approach and curb drain will be removed and replaced with curb, gutter, and sidewalk along the 31 st Street Frontage. At 419 31 st Street, the applicant proposes to construct on a vacant lot a 3068 sq. ft. 31 ft. high three story mixed use building (Exhibits 2, 3 and 4). The bottom floor consists of 1000 sq. ft. of space that will be used for commercial purposes. Commercial uses on the bottom floor consist of 775 sq. ft. hair saloon and a 225 sq. ft. artist studio. The second and third floors constitute a single family dwelling totaling 2068 sq. ft. The second story totals 1538 sq. ft. The third story totals 530 sq. ft. A 370 sq. ft. two (tandem) car garage is attached to the bottom floor. A total of six parking spaces are proposed. Five of the parking spaces will be provided on -site at 419 31 st Street. The remaining space will be sandwiched between 417 and 419 31 st Street and would straddle the property line between these two lots. The applicant is has obtained City approval for the use of this off -site parking space at a Planning Commission meeting held on July 23, 1998. This approval, however, is not final pending the outcome of a local appeal process. The City's staff report is attached as Exhibit 6. Special conditions 10,11,12 were deleted. Special condition number 9 was revised to only require a two car garage and special condition number 5 was revised to eliminate the requirement for a five foot setback. The site plans submitted with the application (Exhibit 3) are annotated with notes describing the parking management plan which the applicant intends to implement for 419 31 st Street. The front of the store will be posted with a sign advising patrons that parking is available in the rear. Additionally the two spaces closest to the structure will be reserved for employees from 8:00 AM to 6:00 PM from Tuesday through Saturday. Though the lot at 419 31 st Street is currently undeveloped it is being used for parking. According to the applicant the site contains approximately five parking spaces and these parking spaces are not reserved for the existing building at 417 31 st Street. Commission staff visited the project site last month on a Sunday in the early afternoon and observed that there was plenty of on -street parking. The project site is on the Balboa Peninsula which_ is major tourist area in the City of Newport Beach. Further, the project is located in the Cannery Village/McFadden Square Specific Plan area which has been designated for a Page: 5 5.98-177 (Finnemore) mixture of retail and commercial uses to promote marine and visitor serving commercial types of development. Second story residential development is permitted in conjunction with ground floor commercial uses. One of the strongest legislative mandates of the Coastal Access is the preservation of coastal access. Section 30211 of the Coastal Act mandates that development shall not interfere with the public's right of access to the sea. Section 30252 of the Coastal Act requires that now development should maintain and enhance public access to the coast by providing adequate parking. When new development does not provide adequate on -site parking, users of that development are forced to occupy public parking that could be used by visitors to the coast. The project site is very close to Newport Boulevard which is a major arterial route for public access to the coastal opportunities located on the Balboa Peninsula and it is close to the water (approximately 1000 feet from the ocean and about 800 feet from Newport Bay). A lack of public parking discourages visitors from coming to the beach and other visitor serving activities in the coastal zone. The lack of parking would therefore have an adverse impact on public access. All private development must, as a consequence provide adequate on -site parking to minimize adverse impacts on public access. In this case, the applicant proposes two types of uses on -site. First, a commercial component which consists of a hair salon and an artist studio that will be located on the ground floor. The second use is residential which would be located on the second and third floors. The Commission's guidelines suggest that for general retail uses (which and artist studio would fall under) that parking should be provided at one space for every 225 sq. ft. For beauty shops the Commission's guideline suggest three spaces for the first two seats. For residential dwellings the Commission regularly requires two parking spaces for each unit. Applying this criteria results in a parking demand of 1 space for the 225 sq. ft. artist studio, three spaces for the beauty salon, and two spaces for the residential unit for a total of six spaces. Though six spaces are proposed by the applicant, due to site constraints and the City's requirement that one space be handicapped accessible, one of the spaces Is actually being provided off -site (Exhibit 3). The off -site parking will be located between the existing building located at 417 31 at Street and the new building at 419 31 st Street and will straddle the property line. The applicant however has not received final City approval (Exhibit 5) for this off - site parking arrangement. To accommodate this parking arrangement, the applicant modified the original project proposal to include the structure at 417 31 at Street so that an exterior wall of 417 could be moved 2 1 /2 feet to enlarge the area to be used for the sixth parking space. The applicant also modified the project to convert 420 sq. ft. of existing ground floor office Page: 6 5-98-177 (Finnemore) space to a two car garage. The conversion of office space to garage is beneficial as it would reduce the parking demand of the pre -coastal structure at 417 31 at Street while also supplying two parking spaces for existing residential development which currently has no on -site parking. The applicant currently allows parking on the adjoining lot (419 31 st) on a first come first served basis. Though the parking proposed by the applicant is adequate, there are two major concerns regarding the feasibility of the parking arrangement. Exhibit 3 shows the site plan including parking. First, one space is being provided through a parking space that straddles the property line between 417 and 419 31 st Street. Currently both properties are owned by the same person, in this case the applicant. However; in the future one of the properties may be sold and the new owner may not want that space used for parking. Moreover, a new owner may also wish to change• the mix of commercial and residential development requiring that the parking situation be reassessed. . Second, the proposed parking arrangement provides tandem parking spaces which makes ingress and egress difficult. For example the handicapped accessible parking space will block the ability of the vehicles to exit or enter the two spaces closest to the structure at 419 31 st Street. Finally, the parking spaces are located in the back of the proposed building off an alley. Consequently the availability of the parking is not very obvious. To assure that the proposed parking would be utilized by customers, the applicant has included a signage plan. The front of the building will be posted with a sign that informs the public of parking available in the rear. To assure that the handicapped accessible space minimizes adverse impacts, the two parking spaces closest to the structure will be reserved for employees since they will be on -site during normal business hours. To guarantee that adequate and useable parking as proposed by the applicant is maintained consistent with Section 30252 of the Coastal Act the Commission finds it necessary to impose three special conditions to 'require that the applicant: 1) shall submit, prior to issuance of this permit, written confirmation that the City has approved the off -site parking space as submitted to the Commission. If the City's approval results in a substantial change to the plan as submitted to the Commission then an amendment to this permit or a new permit shall be required. 2) That the applicant, prior to issuance of this permit, shall record a future improvements deed restriction on both ,properties so that future development can be evaluated, and 3) that the applicant comply with the proposed parking plan as submitted. It is also noted that the local government is requiring the applicant for the property at 417 31 st Street to remove an existing un-used drive approach and replace it :Page: 7 5-98-177 (Finnemore) with a curb, gutter, and sidewalk along the 31 at Street frontage. These measures will also minimize any adverse impacts of the proposed unconventional parking plan. Thus as conditioned to comply with the signage and parking plan, to submit City approval of the off -site parking, and for a future improvements deed restriction does the Commission find that the proposed development would be consistent with the development and public access policies of the Coastal Act. Section 30604(a) of the Coastal Act provides that the Commission shall Issue a Coastal Development Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with the Chapter 3 policies of the Coastal Act. The Newport Beach Land Use Plan was certified on May 19, 1982. The project as conditioned is consistent with the Chapter 3 policies of the Coastal Act. The proposed development will not prejudice the City's ability to prepare a Local Coastal Program for Newport Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(a). Section 13096(a) of the Commission's administrative regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.6(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The project is located in an existing urbanized area. The proposed development has been conditioned to assure that the project will not have a significant adverse impact on coastal access and has been conditioned to: comply with the parking management program submitted, to record a future improvements deed restriction, and to obtain City approval for the off -site parking space. The proposed development, as conditioned, is consistent with the Chapter 3 policies of the Coastal Act. The project as proposed is the least environmentally damaging alternative. Therefore, the Commission finds that the proposed project is consistent with CEQA and the policies of the Coastal Act. Page: 8 ..• CNII—PLANNING DEPT. • ID:949-644-3229 JUL 4;'98 12:22 No.002 P.07 3. A minimum of 4 commercial off-street parking spaces and 2 residential parking spates shall be maintained for the proposed project. 4. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Trafiie Engineer. 5. All vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 6. The commercial office space on the off -site lot that is being converted to a garage shall be setback five (5) feet from the allay right -Cif -way, if feasible per the requirements of the Uniform Building Code, and shall meet the inter)or dimension requirement of the Zoning Code. 7. The existing unused drive approach and curb drain shall be memoved and replaced with curb, gutter and sidewalk along the 31" Street frontage. All work shall be completed under an encroachment permit issued by the Public Works Npat meet. 8. That a building permit to convert the commercial arra at 417 31" Street be approved concurrently with the building permit for the commercial building at 419 31" Street. 9. An open grated -type garage door shall be used If a garage door Is proposed at 417 31" Street 10. The garage door on the property at 417 31"Street shall remain open during regular business hours and be available for commercial parking use. 11, A sign shall be posted on the rear of the site in accordance with the provisions of Chapter 20.66.050 (3c). • 12. The location, sine and color of the sign shall be approved by the Planning Director. 13. That Coastal Commission approval is obtained prior to the issuance of building permits. 14. This modification shall expire unless exercised within 24 months from the date of approval asspccifled In Section 20.93 of the Newport Beach Municipal Code. Page 7 •• CNH—PLANNING DI:PT. .IDr949-644-3229 JUL 690 12:21 No.002 P.06 EXH18f1'"A" MDINOS AND CONDMIONS OF APPROVALPM Off-Sliv Panting AAt"" t Modificatloo No. ea Findiow 1. Tbo Lind Use Element of the Qeneral Plan and the Local Coastal Program daignata 00 Alto for "Multi -Family Residential' land use. The proposed mined -use eofntttottial bAlding Is a permitted on within that designadon. 2. This project has NO teviowed, and It has been doicrrnlned that it is categorically weotnpt from the requirements of the California Pavirontt>colal Quality Act undo Claw S O inor Alteration in Land Use Lmitadm). 3. The proposed off -site puking area Is so located m to be uaoibl is coonvodoa with the proposed office building tiro the lots are contiguous. 4. The two parcels arc in common ownership, S. The appmval of the Of[ Site PMdng Agreenxnt and Modification No. 4749 will not, under the circumstances of the case, he detrimental to the health, safety, peace, nxxalR, Monfort and general welfare of persons residing or working in lhv neighborhood or be detrimental or Injurious to property or Intprovcmcnts in the neighborhood or the general wolfaro of the City for the following reasons: • The projoct will provide the required parking plus 2 additionai spaces In the offalte lot. The access is proposed from the alley, which will reduce imMo congcstiwt an 30 Street and will not create vndoe traffic hazards In the Burro coding rasa. • The project and ptuidng configuration is compatible with sumxmding uses and parking Pam. ,, . 7 1. The devekrpment shall be in Rubstantial conferttwtoe with tht: approved site plea, and elevations, except as noted below. 2. The owners or owners and Olt City, shall execute a wd110p Ise MMM or Inwumane, approved as to Tone and content by the My Attorney, providing for the malotenaaoe of do n golred aft street parking on the lot at 417 310 Street for the donation of do ptopoaad uw or uses on the subje t site. Sbould a change in use or additional utw be proposed, tM of - atteet parking regulations applieabie a the time #hell apply. Such invo n ents *hall be recorded in the office of the county Rxorderr and copies thereof fled with Qte Monlag DePutuvoett. Page6 •� CNH-PLANNING DEPT. • ID:949-644-3229 JUL 3198 12:21 No.002 P.05 In this particular case, based upon the analysis contained in this report, MIT is of the opinion that the findings for approval of the off -site parking agreement and modification can be malt: for the proposed project since the there will be an increase of two parking spars on the off -site lot and them is adequate public parking in•the general area. Should the Planning Commission wish to approve an off -site parking agreement and modification, the findings and conditions of approval sot forth irx rho attached Exhibit "A" are suggested. staff cannot reasonably conceive of findings for denial since the proposed parking plan and modification for tandem parking conforms to the requirements of the Title 20 of the Municipal Code, and does not appear to have any dettinwtal effect on the Surrounding neighborbood. However, should information be presented ut the public hearing which would warrant the denial of this application, the Planning Commission, may wish to take such aetion. Submitted by: PATRICIA L. TEM X Planning Director Attachments: Exhibit "A" Site Plan and Elevations Letter from the Applicant Prepared by: EU13ENIA GARCIA `A�s late Planner s Pages •1 CNB—PLANNING DEPT. ID.949-644-3229 U JUL 23'98 0 12:20 No.002 P.04 A. Such lot is se, located at to be usef Ul in connection with the proposed use or uses oa the Alto at OWL A. parking on such lot will not creme undue tit& harsrtdt in the surrounding Kft C. such lot and the site ue in the same ownership, or the owners of the sites haw A common ownership in such la, and the owner or own= are entitled to the imntedlate possession and use thereof (ownership of tlw off -site jot must be ownership in fee or a leasehold Intemd of a duration adequate to servo all proposed uses on cite or alas). D. The owner or owoers and the city, upon the approval of the Planning Comadsom. execute a written Instrument or instruments. approved as to form And content by the City Attorney, providing for the maintenance of the tequtred off-street pAd* on such lot for the duration of the proposed use or twee on the site or sites. Should a change In use or additionAl use be proixts4 the off-street paddng mgulatksn applicable at the time shall apply. Such instruments shall be recorded in the dlioe of the County Recorder and copies thereof filed with tie planning Deptutmettt, The proposed off -site panting moscrocrn complies with the tequitntMts of the Codal sbtoa the off -site, lot is useful In conneetion with the propmod commercial building because the two ion am contiguous. Additionally, stgnap is required that will direct the euslomm of the commmial rue to the off silo space for parking, ►nd the lots are under the saute ownership. Should one lot be add to a different owner, the off -site parking agreement will continue to he in affect, As required by the suggested conditions of approval, the applicant has PMPM d and subntitsed a written instrument providing for the MAintmOM of the off -sits puking apace far the (Sty Attorney's tevlew, Staff fs of the opinion that the above requInment for an off-tite puking Agreement has bear met. Mediftrlutm. CH" Yho 7. ing Cede dots trot spocifloally permit tandem co unar fal parking. but in Almft applications, the Modifications Committx has approved tandem parking. In must of those cows. the lots were 30 feet wide and located in areas where sufficient on•$U* parking axisn. in ft cue of the subject request, there A adequate on -street parking in addition to a munkipd parking lot In the immediate area. Staff feels that the parking configuration as proposed will not create an mritta traffic harxtibecause of the alley acres and the provision of tho requled parking. Section 20.91.035 of the Newport Reach Municipal Code provides d* in ender to girant tits approval of a modification and an off -site perking agtoement, the Planning Co omission shall find that the establishment, maintenance or operation of the use or building applied far will not, under the eircumitanees of the particular case, be detrimental to the health, safety. psaoe, morals. OmfbM and general welfare of persons "ding er working In the nolghlrothood of such proposed use or be dddmmtd or injurious to propony and impmvwttonts is the neighborhood or the gaeertl wwifW or go city. hP4 •- CNII-PLANNING DEPT. IDr949-644-3229 JUL 23'98 12r19 No.002 P.03 Protect T The subject property is currently vacant. The proposed project is a mixed -use eommorelaUmsidential building with 1,0D0 sq. ft. of retail space located on rho first floor and 1,538 sq. ft. of residential living space on the second floor. Under the proposed parking arrangement, the residential portion of the project will be provided with 2 enclosed tandem parking spaces, and the commercial area, which requires 4 parking spaces, will provide 3 on•site spaces and 1 space that overlaps tie common interior property line between 417 and 419 31" Street, An Off -Site, Parking Agreement is required for the 1 parking space between the properties and will hold the property at 417 31" Street in perpetuity. Both properties are under the same ownership, The project had originally been proposed with 4 commercial tandem parking spates on -site, with access from the rear alley, and a two -car garage for the residential use. During the plan review process, the applicant became aware of the requirement for handicap parking. As a result, the parking configuration was redesigned and in order In accommodate the handicap parking spat, it was necessary to saute 1 parking space from an off -site location. alvais OMSite Lot The property at 417 31" Street i► developed with a two-story mixed -use commercial building with no on -site parking. The applicant is proposing to add 2 parking spaces on -site at 417 319t Street. That wUl be accomplished by deleting approximately 400 sq. ft. of existing commercial office space on the first floor adjacent to the alloy, and converting the space to a two -car garage. Staff visited the site and noticed that the commercial area that is to be deleted at 417 315t Street appears to be an existing garage that has been convened to commercial use. Further review of Building Department records, specifically, the Residential Building Records Report, datod June 13, 1997, indicates that a duplex on the second floor was inspected At that time, and that 2 parking spaces were provided. The access to the garagekommomial space appears to be at the side of the property where there is an existing garage door and sliding glass door where entry was through the vacant lot. It is staffs opinion that if the applicant is to utilize the off -site lot for parking for the proposed project, then the two -car garage should be used for the parking of vehicles at all glues, and the remodeled garage should be constructed with access from the alley and provide a 5 foot setback at 0tc alley. Additionally, if doors are to be installed, an open gratod-type gate should be used and the enclosure of the commercial off-street parking shall comply with Chapter 20,66.050 (B3) of the Municipal Code. Off-street Parking on a Ser>arate Lot As outlined in Chapter 20.66.080 of the Municipal Code, the Planning Commission shall rot approve off -surd parking on a separate lot from the building site or sites unless: Page s .. CNB-PLANNING DEPT. ID:949-644-3229 JUL 23198 12:16 Na.002 P.01 ' d crrrc�riSlV•ORTSitAcaf July 23,199g . � a>t,+Atut+ttrAt�xsJNONtaasvet,urwiutr Agenda Itam Na: nexMalxtrARTHW StNK1,81 ssat: BUIMIAGaMa +" •'• sWWAwsoeTWx"vmP 644.346 rmwMTHAtat.C,►wsrss Appal Periods 14 Days (IM) "030Dt VO p1y4N.1!10 SUBII=,. Off -Site ParkingAgroatm4SumneFki4Wre(applI mi) 417 and 410 310 Street SUMMARY: Regwm to approve an Off -tile Parking Agmetnent In ma unatlou with the construction of it now, mixod•use oamnweial project. Alto requested it a modinc flon to the Zoning Code to pem9t tandem parking spaoa for oominom l use, Rl.QU1 m APPROVALS: Approve, modify, a deny; • f1,A'.Stte ParitingAtreeataaf • Mod{ficrrtewtNo.41'4P LEGAL I,ots 13 and 14, Block 431, Lncaater's Addition to DESCRIPTION: Newport Bomb ZONEt SP-6 (Cannery Village/McPodden Square Specific Pion OWNER: Susanne Pinatnoro Polu_�nd Avd city • t.onfotruatrce with the Otwt*l Plan and the Local Coastal Prognun The Lard Use Eiamont of the Goneral Plan and the Local Cc" Ptopm Laud Use Plan designate the site for "Specialty Retail" land use. Mlxc&uw commercial is a pormitiod aaa within this desigaatiom • Enviroamwual Compliance (Catifumia Environmental Quality Act) It has been docrmined that the project is c4tegorically exartpl ender Clasrt S (Mina Altetatlons in Lnd Uw Limitotioaa). • Modification and Off -She Parking proeedurew and mquhtmems are set fw* in Chipsers .... _ 20,43 and 20.66 of the Municipal Coda t)w FW" No.1412 Aa•atdwd iwlrim V2 OB—PLANNING DEPT. IDr949-644-3229 JUL 23'98 12:19 No.002 P.02 VICINITY MAP � r'' ar•{ � t �,� M \ t ' A tiN t •� Off -Site Parking Agreement and Modification No. 4748, Current Mvei ment: IS a vsmt lot. To the north: Arc commercial and mixed•ust buildipg To the east: Am commercial and mixal•use buildin To the south: Across 31 suss( ere co ranerciel end mixed•use huiidi To tho won: Are commercial j1W mixed -use buildings red Novdmft Blvd. EXHIBIT No. 6 Application Number: •5-98-177 City Staff, Report California Coastal Commission CITY OF NEWPORT BEACH P.O. BOX 170, NBWPORT BEAK CA 92658.091S COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT (714) 644.3200 July 1,1998 California Coastal Commission P.O. Box 1430 200 Oceangate le Floor Lon&Beach, CA 90902-4416 ATTENTION: Steve Rymu SUBJECT: 419 31" Street Dear Mr. Rymas: D HEvE Du . JUL 21998 CALIFORNIA COASTAL COMMISSION Per our conversation on July 1,1998, the City of Newport Beach Planning Department has set for public hearing before the Planning Commission a request for an Off -Site Parking Agreement ad Modification to the Zoning Code to resolve parking issues for the above referenced proposed project. The public hearing is scheduled for July 23,1998 and Approval In Concept No. 760-98 has been amended to reflect a new puking configuration. The applicant, Suzanne Fuwemore, is requesting that the Coastal Commissions schedule this project for the Commission's August meeting contingent upon approval by the Newport Beach Planning Commission of the Off -Site Parking Agreement and Modification. If you have any further questions or require additional information, please do no hesitate to contact me at (949) 644-3208. J FAR M�� jrrmw - U Eugehia Garcia Associate Planner Cc: Suzanne Finnemoie EXHIBIT No. 5 Application Number: 5-98-177 City Letter California Coastal Comminion leis , i:I+.• 41 •.• dIF T. '_.!•1• . X m �» _ m � cow w o acoz •={ 3 m 3 V z o p 7 N v � CD O 7 y m A t' y/9 31sf sl-ree* SOUTH.$LENAbON EAST ELEVATION Ai HICHWE JUL 21998 0 CAUFORNIA COASTAL COMMI: tic a „r,.> Y D a X_ A n �� W 0o A qDZ -{ '.- L . E 3 V 3 Z � W i ! - ia=n.► it It - w..w...t y i yM � n SrMGRADING- t, _ />• rw • :n 11 n VILLA W 2 1 L• iil/at 00 ?TWA in EJ l'---'" 00 �^o ID W_ Z6 5c 3� N �0 oy ^ CL Z E ° E E Z06 ° o Ln O of O V _ U m U _ 0 W a Q 4 © 3 2u� O � i O f ® �• f - R r )l-N AAO. .+ O •• ® iYII A SEV • ti 1,. ASSESSOR'S K� ASSESSOR'S MAP PARCEL AVM9M 800947 AICEOI O LAMCASM19 ADO, AIM 3-/1 SHOWN IN CIRCLES CW#rY Of ORANGE PARCEL MAP P. M. 9P- 40 PIXEL MAP P. M. 04-7/5iREE70{O.1 F lw t' 27 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 COMMUNITY AND ECONOMIC' DEVELOPMENT PLANNING DEPARTMENT (714)644-3200 July 1, 1998 California Coastal Commission P.O. Box 1450 200 Oceangate 10`h Floor Long Beach, CA 90802-4416 ATTENTION: Steve Rymas SUBJECT: 419 3ft Street Dear Mr. Rymas: Per our conversation on July 1, 1998, the City of Newport Beach Planning Department has set for public hearing before the Planning Commission a request for an Off -Site Parking Agreement and Modification to the Zoning Code to resolve parking issues for the above referenced proposed project. The public hearing is scheduled for July 23, 1998 and Approval In Concept No. 760-98 has been amended to reflect a new parking configuration. The applicant, Suzanne Finnemore, is requesting that the Coastal Commissions schedule this project for the Commission's August meeting contingent upon approval by the Newport Beach Planning Commission of the Off -Site Parking Agreement and Modification. If you have any further questions or require additional information, please do no hesitate to contact me at (949) 644-3208. PLANNING DEPARTMENT B Euggl! Garcia Associate Planner Cc: Suzanne Finnemore 3300 Newport Boulevard, Newport Beach 9 City of Newport Beach Planning Commission Minutes July 23, 1998 The proposed project -meets the requirements of Chapter 20.86 of the Newport Beach Municipal Code reletive to the Low and Moderate Income Housing provisions within the Coastal Zone SUBJECT: Suzanne Finamore(applicant) 417 and 419 310 Street • Off -Site Parking Agreement • Modification No. 4749 Request to approve an Off -site Parking Agreement in conjunction with the construction of a new, mixed -use commercial project. Also requested is a modification to the Zoning Code to permit tandem parking spaces for commercial use. Mrs. Garcia noted that the applicant has indicated to staff that she would like to be able to utilize the converted commercial space on the off -site lot for the residential parking. The conditions that are in Exhibit A, (9, 10, 11 and 12) pertain to the use of those parking spaces as commercial spaces. It is staff's opinion that two parking spaces on that site, where currently there are no parking spaces, would not be a problem whether they were residential or commercial. If the applicant would like to use those spaces as residential only, than in staff's opinion that would be acceptable. Public comment was opened. Buzz Person, 507 291h Street spoke on behalf of the applicant. He stated that they have read, understand and concur with the findings and conditions contained in Exhibit "A" with the deletion of items 10 thru 12 and the additional language that has been proposed by staff in condition number 9. Condition No. 6 requires the applicant to move the parking portion of the building back six feet towards 30th Street. (pictures were presented showing the electrical panel on the wall on that area) An estimate of $10,000 from an electrician to move the electrical service in addition to the structural setback over that area would be too costly. With the insettion of garage doors there would be two usable parking spaces in the building. He continued saying that the applicant is proposing to construct a building with 2,000 sq. ft of residential over 1,000 sq. ft of commercial. Due to recent developments in terms of the American Disabilities Act, (ADA) the applicant is required to provide one handicap space on the project regardless of the size of the project. The requirement of this handicap space would detract from the commercial space. Given the fact that the mixed use is the best use of this property, and more development is needed, he asks that Condition No. 6 be removed. it INDEX Item No. 2 Off -Site Prkng Agrmnt Modification No. 4749 • 0 City of Newport Beach Planning Commission Minutes July 23, 1998 INDEX Commissioner Ridgeway asked if it is an option to waive one parking space? Mr. Person answered that there will still be enough space to park two cars where the one handicap space is going to be. But, because of the fact that the applicant owns the property next door and can use some side yard as additional space, she is willing to do that. There is no way to get around the requirements of the ADA, but if there is some way to be more creative with the size of the lots in the Cannery area, that would be appreciated. Commissioner Ridgeway commented that it has been a problem for some of the older buildings to comply with the ADA requirements. Commissioner Kranzley noted that he would like to direct staff to look at various alternatives with regard to Coastal Commission and the waiving of parking. It is a viable issue in the Cannery area that needs to be addressed during the future expanded development. Commissioner Ridgeway asked if there is an ability to waive the ADA requirement? Mr. Rich Edmonston stated that the ADA requirement has to be adhered to. There is a provision in smaller lots, maybe 10 spaces or less, to provide at least one space that is large enough for handicap but it does not have to be signed and reserved. The City enforces the state handicap regulations (Title 24) which can be different than ADA, but, the property owner still has the burden of complying to ADA or they are subject to law suits. Roger Lockhart, 204 Via Quito spoke in support of this application noting: • Applicant is providing all the requisite parking spaces through taking over from the side yard on the adjacent building that she also owns. • Applicant is also providing two additional parking spaces for a total of eight spaces. • If parking requirements are modified in the future, the applicant should be given the option to vacate the portion of the adjacent property that she is willing to give up now. • The applicant is willing to give up the back portion of the building, construct a garage door on the back to allow for two additional spaces. In total, there will be eight parking spaces. Commission fuller asked if that back portion was a garage and that it has a garage door on it. Mr. Lockhart answered that it is not a garage and has never been used as a garage. It is used by a business. 12 City of Newport Beach Planning Commission Minutes July 23, 1998 INDEX Mr. Buzz Person commented that there has never been a car near those garage doors. It appears it was a garage at one point in time. Looking at this building that is being utilized, it does not have a long life ahead of it anyway. It's commercial use is somewhat limited and will at some point in time will probably be re -developed. Chairperson Selich asked staff if that garage was boot -legged. Ms. Temple answered that there are no records for this particular building and that it appears that it was a garage. If it was required at the time of construction, no matter how long ago it was converted, it could be an illegal conversion. Many decades ago, there were no parking standards, so there is no way to tell when it ceased being a garage and whether at that time it was required parking or not. Tony Sheperdeson, 421 31:i Street having reviewed the plans, spoke in support of this application. During the last fifteen years that he has lived there, the area in question that may have been a garage, has never been used as a garage. There have been two different builders and antique dealers using that property. Concluding, he supports this three story building project and stated that the carport parking has always been adequate. Claire Schneider, 300 East Coast Highway - spoke to the Commission on the problem of the ADA. She asked if credits or requirements can be shared for the ADA throughout the entire City? Maybe this building project could be used as a test case? 1 Public comment was closed. Commissioner Ridgeway noted that he has a problem supporting this application as item no. 6 that was requested to be removed needs discussion. He asked if it is a design issue? Re -opened public comment. Mr. Buzz Person answered that it is a cost issue. In order to put parking in the space back there, all that needs to be done is cut a hole in the back wall and put a door back there. The Public Works Department, because of the design and location of the alley believes it would be better to have it back by five feet which would mean cutting the building off. Chairperson Selich stated that it is also the applicant's contention that the age of the structure is relevant with the cost of the improvement versus the age of the structure. Mr. Person stated that the cost of the electrical alone is over $10,000 not to mention the structural. Taking half the building down and back five feet and 13 City of Newport Beach Planning Commission Minutes July 23, 1998 INDEX cantilevering over is too costly. The building is on the Commissioner Ridgeway asked about the width of the alley. Mr. Edmonston answered that the alley width in Cannery Village is either 10 or 14 feet. This is the wider width. The concern is to the extent that the garage was an important aspect of this approval, we did not want to see it approved in a fashion that it was not readily usable. Mr. Person commented that the applicant is offering to provide some parking spaces in this area. If the City can not show, beyond a reasonable doubt that this was a garage at some point in time and required, therefore, it is not a garage. She is doing something on her own, so the request to setback a five feet requirement is unreasonable. Chairperson Selich asked how far the jog in the building was (as shown on a picture provided by Mr. Person)? How far back is the electrical panel? Mr. Person answered that it goes back two feet and the electrical panel is right in the front where a car would go on the facing wall. This would also remove an additional five to eight feet of existing offices which is occupied by the residential tenants. Discussion continued on the following: • Removal of wall with a five foot setback maintained from the alley, the electrical panel would have to be removed and recessed by five feet which would add cost to the owner, plus delete another five feet of office space. • Looking at the picture of the exterior building, the second level would have to be cantilevered over the five feet that would be set back. • The age of the building is 40 to 50 years old. Suzanne Finamore, 363 Via Lido (applicant) stated that the building also has a bathroom behind the electrical which is for the commercial space that is rented. Therefore, would it not be feasible to take the electrical, behind the bathroom is the door that goes into the office. On the other side of the proposed garage, is the electrical sub -panel for the other office. There is more than one electrical panel. Public comment was re -closed. Motion was made by Commissioner Ridgeway to approve the Off -Site Parking Agreement and Modification No. 4749 subject to the findings and conditions of approval in Exhibit "A" with the deletion of condition no.6, revision of condition no. 9 and the deletion of items 10 thru 12. 14 0 City of Newport Beach Planning Commission Minutes July 23, 1998 INDEX Commissioner Gifford asked for clarification of what was on the other side of the alley opposite the garage and if it is something that has a wall along the property line? What condition is being created? Mrs. Garcia answered that across the alley -way is the property that has debris and junk which enclosed by a fence set further back than the property line. Chairperson Selich called for the motion. Without objection and by show of hands, MOTION CARRIED. Findings: 1. The Land Use Element of the General Plan and the Local Coastal Program designate the site for "Multi -Family Residential' land use. The proposed mixed -use commercial building is a permitted use within that designation. 2. 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 5 (Minor Alteration in Land Use Limitations). 3. The proposed off -site parking area is so located as to be useful in connection with the proposed office building since the lots are contiguous. 4. The two parcels are in common ownership. 5. The approval of the Off -Site Parking Agreement and Modification No. 4749 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 will provide the required parking plus 2 additional spaces in the off -site lot. The access is proposed from the alley, which will reduce traffic congestion on 3 1 M Street and will not create undue traffic hazards in the surrounding area. The project and parking configuration is compatible with surrounding uses and parking plans. Conditions: 1. The development shall be in substantial conformance with the approved site plan, and elevations, except as noted below. 15 0 City of Newport Beach Planning Commission Minutes July 23, 1998 2. The owners or owners and the City, shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on the lot at 417 31st Street for the duration of the proposed use or uses on the subject site. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the county Recorder and copies thereof filed with the Planning Department. 3. A minimum of 4 commercial off-street parking spaces and 2 residential parking spaces shall be maintained for the proposed project. 4. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 5. All vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 6. The existing unused drive approach and curb drain shall be removed and replaced with curb, gutter and sidewalk along the 31st Street frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 8: 7. That a building permit to convert the commercial area at 417 31st Street be approved concurrently with the building permit for the commercial building at 419 31 M Street. -9-.8. S#ee -. That 2 enclosed parking spaces shall be provided on the off -site lot located at 417 31st Street. 13. 9. That Coastal Commission approval is obtained prior to the issuance of building permits. 16 fl.t741 City of Newport Beach Planning Commission Minutes July 23, 1998 INDEX -14. 10. This modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93 of the Newport Beach Municipal Code. caz3 Bluewater Grill Restaurant (Richard Staunton, applicant) 630 Lido Park Drive • Use Permit No. 3418 (Amended) • Accessory Outdoor Dining Permit No. 47 (Amended) Request to arr;Eend Use Permit No. 3418 and Accessory Outdoor Dining Permit No. 47 to extend the hours of operation of the existing outdoor patio dining area from closing`,at sunset, to closing at 10:30 p.m., Sunday through Thursday and 11:00 p.m., Friday and Saturday. The existing hours of operation of the outdoor dining area is 9:00 a.m. to sunset, daily. Marc Myers, Associate Planner noted that this is the first time for a requirement that a recommendation of the Bayfront Restaurant Regulations Committee to require an acousticalstudy be -prepared and provide recommendationsfor the plans to insure noise ordinance compliance. Public comment was opened. Richard Staunton, one of the principal owners of the Bluewater Grill Restaurant stated that he has read, understands and agrees to the recommendations contained therein. He presented eighteerrletters of support from residents who live across the restaurant on Lido Park Drive. \�. Theresa Lockerback, 633 Lido Park Drive, B-1 %Xspoke in opposition to the proposed extra outside seating due to the ext?eme noise. She and her husband have talked to the owner several times as�Well as having called the Police Department. There is loud noise in the bar and loud patron noise in the form of speech as well as fighting in the parking lot. This ,has caused a great deal of frustration. The owners have worked on the live music issue by keeping the windows closed during performances. However, a patron would then open them. She had then asked that the windows be fixed in a, locked position to which the owners had agreed. The noise from the patrons exiting is still very loud with the yelling and screaming. If the hours are expanded for the outdoor dining, that noise will be doubled. Commissioner Kranzley asked staff if a police report was received. He also noted that there is a citation ordinance in place so if the police are calledand the business is in violation, citations can be issued. Ms. Temple answered that there were reports received in the past and that she 17 Item No. 3 Up No. 3418 A AODP No. 47 A CITYOFNE'OPT BEACH g Hearinglate: July 23, 1998 (gp COMMUNITY. CONOMICDEVELOPMENT A endaIten, o.: 2 PLANNING DEPnRTMENT-;3 oNEWPORTBOULEVARD StafPerson: Eugenia Garcia NEWPORT BEACH, CA 9260 (949) 644-3208 (949) 644-3200; FAX (949) 644-3250 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Off -Site Parking Agreement, Suzanne Finamore (applicant) 417 and 419 31'` Street PURPOSE OF APPLICATION: Request to approve an Off -site Parking Agreement in conjunction with the construction of a new, mixed -use commercial project. Also requested is a modification to the Zoning Code to permit tandem parking spaces for commercial use. ACTION: Approve, modify or deny: • Off -Site Parking Agreement • Modification No. 4749 The applicant is requesting that the commercial area to be converted to garage area on the off -site lot be designated for the residential use on the property, allowing for operating garage doors. Staff feels that the provision of 2 parking spaces, whether for commercial or residential use, will improve the parking situation, as currently there is no parking. Therefore, staff is recommending that conditions number 9,10, 11, and 12 be deleted, and condition No. 9 be revised to state: `"That 2 enclosed parking spaces shall be provided on the off -site lot located at 417 31s` Street." Submitted by: PATRICIA L. TEMPLE tanning Director r Prepared by: EUGENIA GARCIA Associate Planner A,O/ July 23, 1998 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 Re: 417 3 V Street Dear Commissioners: I was the listing broker in May 1997 for the above property when Suzanne Finamore purchased the property. I had the listing for the property for approximately 12 months prior to receiving Ms. Finamore's offer. At all times during the listing,the space which Ms. Finamore is offering for parking purposes was utilized as commercial office space and was rented to Cox Construction. In addition, for many years prior to taking the listing, I had actual knowledge of the fact that there were no parking spaces on site as all of the building had been used for commercial purposes. If you have any questions concerning any of the above, please do no hesitate to contact me. Sincerely, Hissell F�esr' � RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM JUL 2 3 1998 PM 71819 110 1111 12il i2i3i4iM CANNERY VILLAGE REALTY INC. 2025 W. BALBOA BLVD. NEWPORT BEACH, CALIFORNIA 92663 (714) 673.3777 AOL O��EWPOq @ CITY OF NEART BEACH Heari ate: Y GJS COMMUNn7 AND ECONOMIC DEVELOPMENT Agenda Item No.: PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 Appeal Period: (714) 644.3200; FAX (714) 644-3250 REPORT TO THE PLANNING COMMISSION SUBJECT: Off -Site Parking Agreement, Suzanne Finamore (applicant) 417 and 419 315t Street July 23, 1,998 Eugenia Garcia 644-3208 14 Days SUMMARY: Request to approve an Off -site Parking Agreement in conjunction with the construction of a new, mixed -use commercial project. Also requested is a modification to the Zoning Code to permit tandem parking spaces for commercial use. REQUIRED APPROVALS: Approve, modify, or deny: • Off -Site ParkingAgreernent • Modification No. 4749 LEGAL Lots 13 and 14, Block 431, Lancaster's Addition to DESCRIPTION: Newport Beach ZONE: SP-6 (Cannery Village/McFadden Square Specific Plan Area) OWNER: Suzanne Finamore Points and Authority • Conformance with the General Plan and the Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Specialty Retail" land use. Mixed -use commercial is a permitted use within this designation. • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations). • Modification and Off -Site Parking procedures and requirements are set forth in Chapters 20.93 and 20.66 of the Municipal Code. Use Permit No.1412 Amended July 23,1998 Page 2 Off -Site Parking Agreement and Modification No. 4748, Current Development: Is a vacant lot. To the north: Are commercial and mixed -use buildings To the east: Are commercial and nked•use building To the south: Across 314 Stmet are commercial and mixcd•use buildings To the west: Are commercial and nked•use buildings and Newport Blvd. Page 2 • 0 Proiect Description The subject property is currently vacant. The proposed project is a mixed -use commercial/residential building with 1,000 sq. ft. of retail space located on the first floor and 1,538 sq. ft. of residential living space on the second floor. Under the proposed parking arrangement, the residential portion of the project will be provided with 2 enclosed tandem parking spaces, and the commercial area, which requires 4 parking spaces, will provide 3 on -site spaces and 1 space that overlaps the common interior property line between 417 and 419 31s` Street. An Off -Site Parking Agreement is required for the 1 parking space between the properties and will hold the property at 417 315` Street in perpetuity. Both properties are under the same ownership. The project had originally been proposed with 4 commercial tandem parking spaces on -site, with access from the rear alley, and a two -car garage for the residential use. During the plan review process, the applicant became aware of the requirement for handicap parking. As a result, the parking configuration was redesigned and in order to accommodate the handicap parking space, it was necessary to secure 1 parking space from an off -site location. Analysis Off -Site Lot The property at 417 31'� Street is developed with a two-story mixed -use commercial building with no on -site parking. The applicant is proposing to add 2 parking spaces on -site at 417 31s` Street. That will be accomplished by deleting approximately 400 sq. ft. of existing commercial office space on the first floor adjacent to the alley, and converting the space to a two -car garage. Staff visited the site and noticed that the commercial area that is to be deleted at 417 3151 Street appears to be an existing garage that has been converted to commercial use. Further review of Building Department records, specifically, the Residential Building Records Report, dated June 13, 1997, indicates that a duplex on the second floor was inspected at that time, and that 2 parking spaces were provided. The access to the garage/commercial space appears to be at the side of the property where there is an existing garage door and sliding glass door where entry was through the vacant lot. It is staff s opinion that if the applicant is to utilize the off -site lot for parking for the proposed project, then the two -car garage should be used for the parking of vehicles at all times, and the remodeled garage should be constructed with access from the alley and provide a 5 foot setback at the alley. Additionally, if doors are to be installed, an open grated -type gate should be used and the enclosure of the commercial off-street parking shall comply with Chapter 20.66.050 (B3) of the Municipal Code. Off -Street Parkin on n a Separate Lot As outlined in Chapter 20.66.080 of the Municipal Code, the Planning Commission shall not approve off-street parking on a separate lot from the building site or sites unless: Page 3 0 A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. B. Parking on such lot will not create undue traffic hazards in the surrounding area. C. Such lot and the site are in the same ownership, or the owners of the 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 ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on site or sites). D. The owner or owners and the city, upon the approval of the Planning Commission, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. The proposed off -site parking arrangement complies with the requirements of the Code, since the off -site lot is useful in connection with the proposed commercial building because the two lots are contiguous. Additionally, signage is required that will direct the customers of the commercial use to the off -site space for parking, and the lots are under the same ownership. Should one lot be sold to a different owner, the off -site parking agreement will continue to be in effect. As required by the suggested conditions of approval written instrument providing for the maintenance Attorney's review. Staff is of the opinion that th agreement has been met. Modification Request e the applicant has prepared and submitted a of the off -site parking space for the City above requirement for an off -site parking The Zoning Code does not specifically permit tandem commercial parking, but in similar applications, the Modifications Committee has approved tandem parking. In most of those cases, the lots were 30 feet wide and located in areas where sufficient on -street parking exists. In the case of the subject request, there is adequate on -street parking in addition to a municipal parking lot in the immediate area. Staff feels that the parking configuration as proposed will not create an undue traffic hazard because of the alley access and the provision of the required parking. Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant the approval of a modification and an off -site parking agreement, 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. Page4 In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the off -site parking agreement and modification can be made for the proposed project since the there will be an increase of two parking spaces on the off -site lot and there is adequate public parking in the general area. Should the Planning Commission wish to approve an off -site parking agreement and modification, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the proposed parking plan and modification for tandem parking conforms to the requirements of the Title 20 of the Municipal Code, and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: PATRICIA L. TEMPLE Planning Director .l'u", r — Attachments: Exhibit "A" Site Plan and Elevations Letter from the Applicant Prepared by: EUGENIA GARCIA Associate Planner Page 5 11 EXHWIT'W' FINDINGS AND CONDITIONS OF APPROVAL FOR Off -Site Parking Agreement Modification No, 4749 Findin s: 1. The Land Use Element of the General Plan and the Local Coastal Program designate the site for "Multi -Family Residential' land use. The proposed mixed -use commercial building is a permitted use within that designation. 2. 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 5 (Minor Alteration in Land Use Limitations). 3. The proposed off -site parking area is so located as to be useful in connection with the proposed office building since the lots are contiguous. 4. The two parcels are in common ownership. 5. The approval of the Off -Site Parking Agreement and Modification No. 4749 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 will provide the required parking plus 2 additional spaces in the off site lot. The access is proposed from the alley, which will reduce traffic congestion on 31" Street and will not create undue traffic hazards in the surrounding area. The project and parking configuration is compatible with surrounding uses and parking plans. Conditions: 1. The development shall be in substantial conformance with the approved site plan, and elevations, except as noted below. 2. The owners or owners and the City, shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on the lot at 417 3151 Street for the duration of the proposed use or uses on the subject site. Should a change in use or additional use be proposed, the off- street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the county Recorder and copies thereof filed with the Planning Department. Page 6 A minimum of 4 commercial off-street parking spaces and 2 residential parking spaces shall be maintained for the proposed project. 4. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 5. All vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 6. The commercial office space on the off -site lot that is being converted to a garage shall be setback five (5) feet from the alley right-of-way, if feasible per the requirements of the Uniform Building Code, and shall meet the interior dimension requirement of the Zoning Code. 7. The existing unused drive approach and curb drain shall be removed and replaced with curb, gutter and sidewalk along the 31" Street frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 8. That a building permit to convert the commercial area at 417 31s` Street be approved concurrently with the building permit for the commercial building at 419 3151 Street. 9. An open grated -type garage door shall be used if a garage door is proposed at 417 31" Street. 10. The garage door on the property at 417 3151 Street shall remain open during regular business hours and be available for commercial parking use. 11. A sign shall be posted on the rear of the site in accordance with the provisions of Chapter 20.66.050 (3c). 12. The location, size and color of the sign shall be approved by the Planning Director. 13. That Coastal Commission approval is obtained prior to the issuance of building permits. 14. This modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93 of the Newport Beach Municipal Code. Page 7 ftICINITY MAP f 'C Off -Site Parking Agreement OTICE OF PUBLIC HEARING • Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Suzanne Finamore for Off -Site Parking Agreement on property located at 419 31st Street. The approval of an Off -Site Parking Agreement for a new, mixed -use commercial project. Also requested is a modification to the Zoning Code to permit tandem parking spaces for commercial use. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under class 11 (Accessory Structures). Notice is hereby further given that said public hearing will be held on the 23rd day of July,1998, at the hour of 7_00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Thomas Ashley, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. • CITY OF NEWPORT BEACH* PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 8, 1998 Staff Planner: Genia Garcia, ext. 3208 X PUBLIC WORKS DEPARTMENT !PLANS ATTACHED (P) EASE"RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES _ POLICE DEPARTMENT/VICE & INTELLIGENCE _ MARINE SAFETY REVENUE X ECONOMIC`DEVELOPMENT (Commercial -Development Only) APPLICATION OF: Suzanne Finamore CONTACT: Eric F. Mossman 949)675-1252 FOR: Off -Site Parking Agreement DESCRIPTION: The approval of an off -site parking agreement for a new mixed -use commercial project. Also requested is a modification to the Zoning code to permibtandem parking spaces for commercial use. LOCATION: 419 31 st Street REPORT REQUESTED BY: COMMISSION REVIEW (Tentative): July 23, 1998 Check all that apply., No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS (0 see attached): t' CITY OF NEWPORT BEACH • PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 8, 1998 Staff Planner: Genia Garcia, ext. 3208 X PUBLIC WORKS DEPARTMENT X'PLANS ATTACHED (PLEASE-RETLU NM r X TRAFFIC ENGINEER 3C ., FIRE DEPARTMENT ' _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES _ POLICE DEPARTMEWNICE & INTELLIGENCE _ MARINE SAFETY REVENUE X ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Suzanne Finamore CONTACT: Eric F. Mossman (949) 675-1252 FOR: Off -Site Parking Agreement DESCRIPTION: The approval of an off -site parking agreement for a new mixed -use commercial project. Also requested is a modification to the Zoning code to permit tandem parking spaces for commercial use. LOCATION: 419 31st Street REPORT REQUESTED BY: COMMISSION REVIEW (Tentative): Check all that apply: ❑ N mments on the project as presented. Application of Standard Code requirements are not expected to alter the project design. July 23, 1998 ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, O discuss the following (attach separate sheet if necessary), ADDITIONAL COMMENTS (O see attached): w' " _'if" • CITY OF NEWPORT BEACH* PLANNING DEPARTMENT PROJECT REVIEW REQUEST X PUBLIC WORKS DEPARTMENT - X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT Date: July 8, 1998 Staff Planner: Genia Garcia, ext. 3208 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT. COMMUNITY SERVICES POLICE DEPARTMENT/VICE & INTELLIGENCE _ MARINE SAFETY REVENUE X ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Suzanne Finamore CONTACT: Eric F. Mossman 949 675-1252 FOR: Off -Site Parking Agreement DESCRIPTION: The approval of an off -site parking agreement for a new mixed -use commercial project. Also requested is a modification to the Zoning code to permit tandem parking spaces for commercial use. LOCATION: 419 31st Street REPORT REQUESTED BY: COMMISSION REVIEW (Tentative): July 23, 1998 Check all that apply: ❑ No comments on the project as presented. Recommended conditions of approval are attached. ❑ Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: O schedule an appointment for Code review, O discuss the following (attach separate sheet ADDITIONAL COMMENTS (O see attached): 0 July 13, 1998 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: OFF -SITE PARKING AGREEMENT FOR 419 3151 STREET FINDINGS & CONDITIONS OF APPROVAL CONDITIONS: 1. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 2. All vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 3. The 440 sf space that is being converted form office to garage shall be set back five (5) feet from the alley right-of-way and meet current standards for interior dimensions. The access into the garage shall be from the alley. 4. The existing unused drive approach and curb drain shall be removed and replaced with curb, gutter and sidewalk along the 315` Street frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. PLAN.COMIOFF•SriE•PARKING-419.31 ST X X X X • CITY OF NEWPORT BEACH* PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 8, 1998 Staff Planner: Genia Garcia, ext. 3208 PUBLIC WORKS DEPARTMENT 2 PL-ANS ATTACHED (PLEASE RETURN) TRAFFIC ENGINEER FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. BUILDING/GRADING.-DEPARTMENT COMMUNITY SERVICES POLICE DEPARTMENTNICE & INTELLIGENCE MARINE SAFETY REVENUE X ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Suzanne Finamore = CONTACT: FOR: Off -Site Parking Agreement BIJI1.i3.dd�I-s �G , • ,'(i�,�'�.�t�. ( cI, . , , _ .t Eric isf`IVfo`s's'm'�il 949 675-1252 DESCRIPTION: The approval of an off -site parking agreement for a new mixed -use commercial project. Also requested is a modification to the Zoning code to permit tandem parking spaces for commercial use. QOWAYt '1) 419 31st Street REPORT REQUESTED BY: CONMSSION REVIEW (Tentative): Check all that apply. ❑ No comments on the project as presented. ❑ Application of Standard Code requirement are not expected to alter the project design. I contac the ap t on 1�0: following (attach separate sheet if July 23, 1998 ❑ Recommended conditions of approval are attached. s ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. O schedule an appointment for Code review, O discuss the �1zi (Q see attached): CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Suzanne Finamore 2630 Avon Street, #E Newport Beach, CA 92663 Subject: Off -Site Parking Agreement, Modification 419 31" Street Dear Ms. Finamore: Your application for the above referenced has been deemed complete. The public hearing for this project is set for July 23, 1998. Should you have any questions, or require additional information, please feel free to contact me at (949) 644-3208. Sincerely, B 41unia Garcia Associate Planner Cc: Eric F. Mossman, Architect 2800 Lafayette Avenue, Suite A Newport Beach, CA 92663 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH E PLANNING` DEPARTMENT'(949) 644-3200 July 7, 1998 Suzanne Finamore 2630 Avon Street, #E Newport Beach, CA 92663 Dear Ms. Finamore: We have accepted delivery of your application for the project located at 419 31st Street. The Planning Director has assigned this case to Genia Garcia, who is reviewing the application for completeness. We will contact you within the next one to two weeks to advise if the application is complete and to provide you with a tentative public hearing date. Should you have any questions or need assistance in the meantime, please do hesitate to contact Genia Garcia at (714) 644-3208. Sincerely, B �clJ Y Ja et John on Pl nning Sbcylay cc: Eric F. Mossman, Architect 2800 Lafayette Avenue, Suite A Newport Beach, CA 92663 1 plancom\pendtn&cmtglrecd,mrg 3300 Newport Boulevard, Newport Beach :49 01•25PM CHA_AO tLE CUSTSv(: �•gs PfCORDiNG R�pUES'k`.' B" fi^� ' � � S�.MFRIiikNilT�FIkS.HFh';kCUu�aN� a 'OfiDMC hs(Lt[.Ysm fry i., ;hn County of 0,anpP., California J+ti wPrGH RLrORD.0 nScr6'fU: f R Gem I. Gtan'liU6, CI9fk,'Rsa0fdar SLzanncFiniawra i 42.00 2630 6voc St. k 1 rr 1'rf,}Y?p .4 .'\7 r C8e - f t9- S' &k ,t4 i.3 ryM1 � ,4 afx: � n §? 4 i h�� �, . � •n �' ,,..,ate"` , � CONTINVIION OP GRANT D! a Barker hill and �a L. � �, tr as Succcosor Trusteka of the 4dirker Family Trurt d" 8eprember 11, iJgm t�s Suudra Barker Hill ` !ucc T Me I dY `Jeff,. kc rus ee Documpm date _Angus[ 18� 7_ - 5l"A;E Ct.-ALIFURM1 IA //''��f l6K �• r'nLNT'y t��F lJ� C��--. re ra.r aH� .:u+.o n me (pr pm'ax N m! en d:G n61:a pr rh flt Wry w. is .] y2p W .+.: :dpee•a. me,, due h0heift!e�tr<Lad Aty nhis'Atr� Rrv^at![: islare 30tlw-W to the witLA tantlulAC l%C.' air".0 IA, ,: FI 'T,i'.UT h'f !' I Ncr�nrir 6yryit:re(iV an A� ira[ptafeni ua P[' -� et1/ry u hmf prwhch Me prypn'Gl utrG eA auuc 11 r ,� i �w..rAL:rYa;,m '11tG rvEa ij,r atfidel pawid-Mat. JU'L%i t3NNOMGt �f,+t�Ma P [tl�1a Puaao • t>i+nn uow" Qwv wRfra+ 1l,�nxrAa. r1 qwa L01 f4 IN BLOCK 431 OF THP 'IANCAST$R ADJITION;',M NEWPP1R7 88ACN', ajI MAP THEREOF RECORDED IN BOOK S, VAM 14 OF MSS^EL',,pN$OUS MAPS. REM ,j ORA',NGF COUNTY. M f f q��. �yf ryyryp ff aa!! 1 1 { } k aj fi one 4 r WC 9 c Rer.OMsd I fie , -�ptr,G Gary L. 4r a,,�rN,�tvREcax�>,tAato: WK00s ... ... swam Fto 11.2710, L11 31tt Street " J7e.,port !Beach, Ca. 92663 004 02 50 2n0032146,00Q000.00000173.23 0.00 0.00 0 00 %nut Aboro IW$ bIM for aowAu'e UfaGll r� 111 Order o.: A P rr AAYTR�'�S' G ,kcis, COUNTY5 346.50 `+ 1?i E tND`-A4ItlN9D CRANYOR(o) DkCLwR£[L THAT DOCUMEti` time cf Stt1C, t compaw on full value of propettv comeyaC Or i seted eperat full aX j C4 off lidr eEau o wa�L ainJ x: FL'l< A YALtJABf�ECGHSIDERA.TIQN. Receipt oE�a�h w:.4 ere' ;.ac tadgrd. Jeffrey 1... Hm* apdCWAla D. Duke. Ho"Ad and % "e -F RY P, F"L and $oo" BIF-W 1611, TStUSTEE$ OF Tlz HCL.. :.:` r G T, T , DATEP ?LAY 13, 1990, S GfI 'hS 11 j, t,�yo.Vl^✓xD 25% INTBRESI, AS TINOTS • �; m 5ur�6nePleamara, an lJ arrrerJ'X7moo �I ,r c , u:�.s--s�lred ptbptny to che':vY Of Nevpnet IP.-_�zh Cep` ��`. CxwaRF Stub Cf CW:iumiat ;d, �5 PER COMPLETE LEGAL DESCAMT10*i A7rACUD 6tF"d�'rf).ANT1 MADE A A#AA7l �k Wl o kiv;red "TI't(P_ as a 41-r,-o.A ilk•,.. ;;f-, i4is Sala 4pj so4mk prb c,Rn+ ; DIED '- N''NUi: � • 6N NVT PAGE udp' Mail Tat Sca OMMI ,o SAW A ,,BOYS Or Addren NOW Below 4id4F I'%" E CusTSur k CONTINUATidN OF GRANT OEPID EkwkunCnt Date: ,�1gaY 9, 1997 'TATL OF c' %UFD IA ',ss M,Nn OF _ftgag¢ � Au 6i 11. 199y r�s+nan, acP:in- JEffrcv 1... 9.irt, eriClxu a.13 ?�.�ry.r ^w �?. k �w sani!�\ YdONf 1{I R,± (Cr peYMad 26 RC 00 d7i by i1B t;{ {Akk4hl'10, *IKTO••✓ rAw .•• , w ackrew��,:tiw ia. me thtt Ae sr,:i;hey eftcumi he ..,rl; to lt: -iu .. I; rs.; find thrc atyf•s?m�c; nr'he EnfiH upC ber.U!el+eh+th Wd ��r,M.b scRd, wr:,,,..a i:c .,s 1 7'hit Y/4 TM at!'wiald OwA#W W, MCeya �,�,ANMI y eE Ak go: qlj:qa TITL w 047 042 09 004704210 004704211 Rene Andre Barge Loma Barry Rene Barge 408 31st St 408 31st St 3020 Newport Blvd Newport Beach, CA 92663 Newport Beach, CA 92663 Newport Beach, CA 92663 047 042 12 047 042 14 047 042 15 Harry & Robert Kassabian Kevin Dba Weeda Thomas & Patricia Keefer 1935 N Van Ness Ave 610 Newport Center Dr Keefer Hollywood, CA 90068 Newport Beach, CA 92660 433 Ogle Cir Costa Mesa, CA 92627 047 042 17 047 042 18 047 042 19 Leopold Avallone CANNERY VILLAGE INVESTMENT CANNERY VILLAGE INVESTMENT 1367 Avenida De Cortez 2293 W Ball Rd 2293 W Ball Rd Pacific Palisades, CA 90272 Anaheim, CA 92804 Anaheim, CA 92804 047 042 20 047 042 21 047 042 22 Family Trust Maddy & Scott & Lau Ma Mary Williamson Roy Jackson 283 S Del Giorgio Rd 426 31st St 510 31st St #A Anaheim, CA 92808 Newport Beach, CA 92663 Newport Beach, CA 92663 047 042 23 047 042 25 047 042 26 Jenny Gilchrist Guy Miner J D-& Gretchen Ann Lavach PO Box 2417 20501 Ventura Blvd #325 412 31st St Newport Beach, CA 92659 Woodland Hills, CA 91364 Newport Beach, CA 92663 047 042 27 047 042 28 047 042 29 Mary Anne Turley-Emett Funding Southern James Stepanian 250 E Bay Ave 2833 Catalpa St 13588 Meadow Crest Dr Newport Beach, CA 92661 Newport Beach, CA 92660 Chino Hills, CA 91709 047 042 30 047 042 31 047 043 04 Joel & Elizabeth Felder Robert & Paula Fainbarg Kenneth & Laurie Gabriel Revocab Feitler R & P Fainbarg 11 Crystal Cv 409 30th St 409 30th St Laguna Beach, CA 92651 Newport Beach, CA 92663 Newport Beach, CA 92663 047 043 19 047 043 20 423 11102 CITY OF NEWPORT BEACH Allan Fainbarg & Trust Fainbarg CITY OF NEWPORT BEACH 3300 Newport Blvd 2920 Newport Blvd PO Box 1768 Newport Beach, CA 92663 Newport Beach, CA 9266 Newport Beach, CA 92658 423 11103 STATE OF CALIFORNIA NO STREET NAME or NUMBER ,CA Suzanne Finamore Eric F. Mossman, Architect Central Newport Beach Comm. Assn. 2630 Avon Street, #E 2800 Lafayette Avenue, Ste. A Tom Hyans, Pres. Newport Beach, CA 92663 Newport Beach, CA 92663 217 19th Street Newport Beach, CA 92663 0 047 031 03 004703119 047 031 02 MINER PROPERTIES BANK OF AMERICA NT & SA MARVIN ENGINEERING CO INC 365 Via Lido Soud PO Box 63700 260 W Beach Ave Newport Beach, CA 92663 San Francisco, CA 94163 Inglewood, CA 90302 047 031 24 047 032 06 047 032 07 CITY OF NEWPORT BEACH CANNERY VILLAGE INVESTMENT John Westrem PO Box 1768 2293 W Ball Rd 1006 E Balboa Blvd Newport Beach, CA 92658 Anaheim, CA 92804 Newport Beach, CA 92661 047 032 08 William Sturgis 047 032 20 CANNERY VILLAGE INVESTMENT 047 041 05 NEWPORT BEACH ALANO CLUB I 1515 Foothill Rd 2293 W Ball Rd 414 32nd St Gardnerville, NV 89410 Anaheim, CA 92804 Newport Beach, CA 92663 047 041 06 047 041 07 047 041 08 BALBOA CORONA LIMITED PART Phillip & Sara Dawn Shafer Robert Mah & Adeline Mah 408 32nd St Phillip & Sar Shafer 16835 Algonquin St #103 Newport Beach, CA 92663 820 Hudis St Huntington Beach, CA 92649 Rohnert Park, CA 94928 047 041 12 047 041 17 ' 047 041 18 John Westrem Jon Shepardson Meriam Case 1006 E Balboa Blvd PO Box 2971 423 31st St Newport Beach, CA 92661 Newport Beach, CA 92659 Newport Beach, CA 92663 047 041 20 047 041 21 047 041 23 John Newcomb Miner Mary Miner 2025 W Balboa Blvd #B 365 Via Lido Soud 20501 Ventura Blvd #325 Newport Beach, CA 92663 Newport Beach, CA 92663 Woodland Hills, CA 91364 047 041 24 047 041 25 047 041 28 Guadalupe Hilton Mary Catherine Crull William Paden 425 31st St PO Box 1833 2636 Hollister Ter Newport Beach, CA 92663 Pinetop, AZ 85931 Glendale, CA 91206 047 041 31 1147 041 32 047 041 33 Richard & Mary Fuller FIRST INTERSTATE BANK SUCCES MINER PROPERTIES 567 San Nicolas Dr PERSONAL SAVING 365 Via Lido Soud Newport Beach, CA 92660 26610 Agoura Rd Newport Beach, CA 92663 Calabasas, CA 91302 047 041 34 047 04135 047 042 01 Jeffrey Barker Rajendra Desai Henry Quinn 417 31st St PO Box 7206 303 Via Lido Nord Newport Beach, CA 92663 Capistrano Beach, CA 92624 Newport Beach, CA 92663 047 042 02 047 042 04 047 042 07 Thomas & Joan Dixon Family Trust Marshall Lavern Poliquin Thomas & Joan Dixon Frank & C Marshall 1331 W Bay Ave 428 31st St 510 W Balboa Blvd Newport Beach, CA 92661 Newport Beach, CA 92663 Newport Beach, CA 92661 0 SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE LIABILITY: $250.00 Name of Assured: SUZZANNE FINAMORE Date of Guarantee: TUNE 26, 1998 PEE: $250.00 1. That, according to the last equalized "Assessment Roll" in the Office of the Orange County Tax Assessor - a. The persons listed as "Assessed Owner" are shown on the assessment roll as owning real proper) Parcel b. The A attache � 2 a 9 V/L LA �aI sI t J J I � 0 � ��N£WPORT MARCH /f49 �C 1. 4,. LANCAST£R'S ADO, A[ M 5.14 PARCEL MAP P M. 92- 40 PARCEL MAP P• M. 94 -7 (STREETONLY) k WAr 47 _ ()4 Ylfl i 44•�A tt' s r• to % 2 N IS t s by a / " h ADD. /Y. J1-10 " ASSESSOR'S BLOCKB ASSESSOR'S MAP' PARCEL NUA*k—R5 BOOK 47 PAG£04 O SHOWN /N CIRCLES COUNTY OF ORANGE J �w„ 4 i �j LAKASI£R'S_la Ijl P.Y. �I p 14J I �I. a ti gl. 1'I i r � L 10 V 7. &Kf 4. is Zq I a r t9 � Iv yam' VILLA 13 � i9 I° ti : 031 (D I 530 1s Oi i rI O 4 ° O~ y O J 03 430 ° __ ___ Z- w Q v I -� F--� 1 04 r— MARCH 1949 LANCASTER'S ADD, M.M. 5-14 �q h MA Y M 4T-W NOTE -ASSESSOR'S BLOCK d ASSESSOR'S MAP rARCEL NUMBERS BOOK 47 PACE 03 1997 OrN IN CIRCLES COUNTY OF ORANGE + 1 �rRAcr ' Y�4 !P a r. ef.l � L01 J J to(J $CC. Mf•/0 O O • 0 �6x . v N0. //, I Iwo � 112 � • • F e . jyi TRAC7��: Iw LOr r mc. 1R.6. v I LGr 6 sec. RR.6-0 I O tOSJ I No. 1117 f3C EV/A 2 Q I ; �; iaA r Jfuc ' LI � O <m6 IND ///7 « • il_ I LANCASTERS '___ __ l.a. 32 N0. STREET j 47 'R NOTE ,ASSESSOR'S RCH /981 LANCASrERs ADD. MAL 5-/4 !LOCK L ARCEL TRACT NO 907 MM 16. 25 To 361N6: NUMLERS TRACT N0. t117 PARCEL M.M. 35-46 SHOWN IN CIRCLES MAP PM 85-/ CJ' MALAGA, ' 4 Oi i I Rn M. 3 ADD l 4w PAR, /rM( 113 Q L STREET ASSESSORS MAP <r'OZ LOOK423 PAGE II O COUNTY OF ORANGE Garcia, Jay From: Garcia, Jay Sent: Thursday „August-07. 2003 6:58 PM To: �SKipke@aol.com;] Cc: Johnson, Janet; Temple, Patty Subject: Re Query related to Off -site Parking Agreement I have had an opportunity to review the file related to the off -site parking agreement that encumbers your property located at0J _3i.st S eet In response to your query to, "gain understanding of my rights regarding the use of this easement. It is necessary to be able to gain access to and be able to maintain my building. Suzanne Finnamore claims this land is deeded to her and is her property. It is my understanding that she has an easement on my land to meet her required parking requirements." I met with the Planning Director and she agrees that your issue regarding access onto the easement area is best answered by your attorney. If you do not have one, you should contact one that is familiar with real estate or land use law. I understand that you desire to access your property by entering the easement area and your attorney should advise you on that matter, since the city is not privy to the sales agreement, info related to deed restrictions placed on your property or the effect of the easement on your ability to access your property. You should refer all the documents related to the purchase of the property and the off -site parking agreement to your attorney to see what your options are to gain access to the easement area or extinguish the easement entirely. The Planning Department would not become involved unless the parking agreement and access to the required parking space is lost to Ms Finamore as required by the off -site parking agreement. At that time she would have to find the replacement parking space and ref He an off -site parking agreement for the new parking space location. Should you have further questions, please contact Janet Johnson at 949-644-3236. I will be on vacation until August 19, but Janet has been apprised of your situation. Thank you for the opportunity to make clear the city's position on this matter. Javier S. Garcia AICP, Senior Planner City oFNewport Beach 949-644-3206 ph 949-644-3229 Fax Iga rcia0city.newport-beach.ca•us Garcia, Jay From: Temple, Patty Sent: Monday, August 04, 2003 2:32 PM To: Garcia, Jay Subject: FW: OffSite Parking Agreement Could you help out this lady with the information she is looking for? Thanks. -----Original Message ----- From: Clausen, Robin Sent: Monday, August 04, 2003 1:35 PM To: 'ASKipke@aol.com' Cc: Temple, Petty Subject: RE: Off Site Parking Agreement Anne, I would be happy to go over this with you, but I would request that you first deal with the Planning Department as they maintain the file relate to the agreement and are responsible to interpret and enforce their agreements. If they have any questions they will come to me. -----Original Message ----- From: ASKipke@aol.com [mailto:ASKipke@aol.com] Sent: Monday, August 04, 2003 1:28 PM To: rclauson@city.newport-beach.ca.us Subject: Off Site Parking Agreement Dear Robin, I would like some understanding and clarity regarding an off -site parking Agreement on Lot 13 in Block 431 of Lancaster's Addition to Newport Beach. The address is at 417 31st Street. This agreement was entered on March 5, 1999 by Suzanne Finnamore who owned both properties at 419 31st Street as well as 417 31st Street. In order to meet her parking requirements for her new construction at 419 31st Street, an 18ft by 9ft easement was granted on the 417 31st St property. Since I am currently the owner of 417 31st Street property and the burden of this agreement remains in full force, I would like to make an appointment with you to gain understanding of m i s e ardi g T Ae.usexLjthis easement. I is necessary to be able to gain access to and be able to maintain my building. Suzanne Finnamore claims this land is deeded to her and is her property. It is my understanding that she has an easement on my / r land to meet her required parking requirements - % you are you c—"'" onsi eration regarding this matter. Anne Kipke e-mail - askipke@aol.com phone 949-673-8791 cell phone 949 246-6775 d rl�jS re,.\ 2jkAc RECORDING REQUESTED AND WHEN RECORDED RETURN TO: 1 Recorded in the County of orange, California Gary L. Granville Clerk/Recorder City Clerk's Office R E C 21, 00 City of Newport Beach 19990218214 12 ; 32PM 03/24/99 j 3300 Newport Boulevard 008 12052670 12 21 Newport Beach, CA 92658 '99 APR `'2 N923f 6. 00 15.00 0.00 0.00 0.00 0.00 Space use only. CITY OF HEfiPORT BEACH OFF -SITE PARKING AGREEMENT This Off -Site Parking Agreement, ("Agreement") made and entered into this x- day of m vl C 1999, the City of Newport Beach, a municipal corporation and charter City, ("City"), and Suzanne Finamore, ("Owner"), and is made with reference'fo the'following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: 1. Owner is the owner of that certain parcel of real property located at 417 Cj 31st Street, ("Parcel '2") in City, County of Orange, State of California, which real property is more particularly described as: Lot 1"3 in Block 431 of Lancaster's Addition to Newport Beach, in City, County of Orange, State of California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Owner is the fee title owner to Parcel 2. 2. Owner has received approval from City to construct and occupy a mixed used commercial/residential building on the property located at 419 31st Street, ("Parcel 1") in City, County of Orange, State of California, which real property is more particularly described as: Lot 14, Block 431 of Lancaster's Addition to Newport Beach, in City, County of Orange, State of California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Owner is the fee title owner to Parcel 1. 3. Current provisions of the Newport Beach Municipal Code, (Municipal Code) require that person constructing such a building as being constructed on Parcel 1 provide parking spaces for their building on 'a basis of two (2) parking spaces for each residential unit and one (1) space for each two hundred fifty (250) square feet of commercial development. The proposed building has one (1) residential unit and one thousand (1,000) square feet of commercial and therefore has a parking requirement of six (6) spaces. Because of the lot size, proposed building size and the requirements of the American Disabilities Act (ADA) regarding disabled parking spaces, only five (5) spaces can be accommodated on Parcel 1. 1 of 6 4. By this Agreement and in compliance with City's Municipal Code regarding parking, Owner hereby agrees that a portion of one (1) parking space shall be provided and maintained on Parcel 2 for the use located at Parcel 1. Said area provided for on Parcel 2 is a total of 162 square feet (9 ft. x 18 ft.) and is more fully set forth on Exhibit "A", attached hereto and made a part hereof by reference. Parcel 2 is a legal nonconforming building and has no required off street parking on site. 5. The Planning Commission of City recommended to the City Council of City's approval of this Agreement, after determining that the conditions of Section 20.30.035(D) of City's Municipal Code were satisfied. 6. The City Council of City considered this Property Off -site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Municipal Code, and authorized execution of this Agreement. NOW THEREFORE, the Parties hereto agree as follows: A. Owner hereby agrees that a portion of one (1) of the required parking spaces for Parcel 1 shall be provided and maintained on Parcel 2 for the use located at 419 31st Street, Newport Beach, California. Said area provided for on Parcel 2 is a total of 162 square feet (9 ft. x 18 ft.) and is more fully set forth on Exhibit "A', attached hereto and made a part hereof by reference. B. The parking space described as Parcel 1, on the 419 31st Street side of the building will be a five foot (6) set back off the alley and eighteen feet (18') deep to meet current code requirements with appropriate signage for the exclusive use of the parking space for 419 31 st Street. C. On the 417 31st Street side of parking space will be eighteen feet (18') deep off the existing building with no set back. D. If 417 31st Street building is demolished and rebuilt the parking space must be a five foot (6) set back off the alley and eighteen feet (18') deep, to conform with 419 31st Street building to meet code requirements. E. Owner agrees that in the event Parcel 2 is sold to a new owner that this Agreement shall remain in full force and effect and that such owner shall take said Parcel subject to the burdens placed on the property as a result of this Agreement. The duties of Owner pursuant to this paragraph shall continue for such time as the Owner maintains on Parcel 1, the mixed use commercial/residential building with the characteristics, and intensity of use, and square footage authorized by the approvals granted by City on July 23, 1998, in conjunction with the approval of this Agreement. In the event that parking requirements in City are amended to reflect less of a parking requirement than six (6) parking spaces for Parcel 1, it is agreed that Owner may terminate this Agreement and that Parcel 2 will no longer 2of6 be burdened with the requirement of providing a portion of the one (1) space on Parcel 2, as depicted on Exhibit "A". F. In the event that the use of the portion of the off street automobile parking spaces provided for in this Agreement is lost to Owner, for any reason, Owner agrees to do the following: i. Notify the Planning Director of City, in writing, and within thirty (30) days of the loss of the parking spaces, that automobile parking spaces previously available to Owner are no longer available; and ii. Alter the characteristics of, or reduce the intensity of the use of Parcel 1 such that the automobile parking spaces available to, and under the control of Owner are, given consideration to any nonconforming rights that Owner may have as the date of this Agreement, sufficient to satisfy the parking requirements of City's Municipal Code. iii. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Owner shall submit to the Planning Director of City a new or amended Agreement, giving Owner the use of at least the same number of parking spaces required by the long term Lease Agreement and this Agreement shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of City as required by the Charter of City and City's Municipal Code. G. Owner shall fully perform all of the conditions of approval imposed by the Planning Commission in conjunction with the approval of this Agreement. The minutes of the Planning Commission and/or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "B" and are incorporated herein by reference. H. This Agreement shall run with the property, shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the Parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. 3 of 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH, a Municipal corporation r r- BY: Dennis O Neil, Mayor • APPROVE S TO FO By: Robin L. Clauson, Assistant City Attorney aewrk, ATTEST:: go LaVonne Harkless, City Clerk RUSERSIPLMSHAREDII FORMSIOFFSITEPKGAGMT 4of6 Dated: 3 I aaIgy Dated: �S Dated: 3aa1 2 5 STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On —/Wa 1999, before me, Re,K CK, personally y — appeared o personally know to me r proveLmeson the basis of satisfactory vldence) to be the person(whose name( ubscribed to the within instrument a acknowledged to me that has exec ted the same in a t4e4r- authorized capacity ' s), and that by-hi/#heW- signatures4 on the instrument the person ) or the entity upon behalf of which the person acted, executed the WITNESS my hand and official seal. ALI 6�� Notary Public In and for said State (This area for official notarial seal) 14 NICKI L. RANCK COMM. #1080771 'e NOTARY PUBUO-CAUFORNIA ORANGECOUNTY J My Comm. Expires Dec. 17, 1999 5of6 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On1V\o_^t,k, ar3 1999, before me,�.�4 i personally appeared personally known to me to be the persore whose nam (s) is re subscribed to the within instrument and a 4owledged to me that he/Eh(thep has execute a same in his/her h�ei authorized capacit 'es , and at by his/her their slgnatur (s on the instrument the perso s) or the entity upon behalf o which the person acted, executed the instrument. WITNESS my hand and official seal. f CATHY FISHER J \`\l @My Commission tk 1174329NotaryPublic-California un Nota Public i d for said StateOrangeC Febry Comm, egxesreb21,2002 (This area for official notarial seal) lD Day Advance Notice of HOLD Building Permit No. E-3�2)00(o 19 To: Building Department From: Planning Department Re: HOLD on Building Permit Final Address 41-7 41q 3r st j- PlanCheck No. 69-7- ` e) PLANNING DEPARTMENT AND PUBLIC WORKS DEPARTMENT COMMENTS, CONDITIONS OF APPROVAL, MITIGATION MEASURES AND/OR OUTSTANDING ISSUES THAT MUST BE ADDRESSED PRIOR TO FINAL OF THE BUILDING PERMIT! Park Dedication Fee in the Amount of $ is DUE. Fairshare Fee in the Amount of $ is DUE. Parcel Map Recordation: Resubdivision No. That a �r E tAxE--' L61—r has been approved, though, PRIOR TO FINAL OF THE BUILDING PERMIT the following CONDITIONS OF APPROVAL MUST BE SATISFIED WITH THE PLANNING DEPARTMENT: By:Date: Planning Department Telephone: '*-644-3200 (0406 .Contractor's Acknowledgment of the noted requirements: Signed: Printed: Date: cc: Code Enforcement (pink copy) Inspector (yellow copy) Contractor (original) *-----------------------------: MetroScan / Orange :----------------------------* Owner :Barker Jeffrey L Parcel :047 041 34 CoOwner Land :$251,000 Site :417 31St St Newport Beach 92663 Struct :$64,000 Mail :417 31St St Newport Beach Ca 92663 Other Xfered :09/19/97 Doc # :461839 Total :$315,000 Price Deed :Aff Death (Misc) Exempt LoanAmt Loan Type VestTyp IntTy : % Impry :20 Lender % Owned :100 LandUse :128 Com,Stores & Offices TaxArea :07001 Legal :LANCASTERS ADD LOT 13 BLK 431 AND 98-99 Tx :$3,438.32 :LOT 14 BLK 431 Phone MapGrid :888 H7 Census :Tract:635.00 Block:6 ............. Bedrooms ............. Bldg SgFt :3,688 ............. YearBuilt :1948 Bathrooms Stories :2 Lot Acres :.13 Total Rms Fireplace Lot SgFt :5,580 Air Cond :No Garage Type Units Heating Pool :No Spa The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 1-0 �ztin — WALL, ween finish be as folio �,ot% L AP-0 grade and is : I Sol 1"-`- ytt47. YawF--nun -. �gsfert(stv'� LVN ■rAIFAI ON \o 14 a ;t• CAtL� C-,UIL , vn4c L. For,It v yr• , PGOi1- 62iZ KAMPICAP rticC4Wy- I/0.50 Fly, rl-� I- 9.75 JlOdGt{ 6F•A�� taco s,�. C-k "rJC INAI.I. tar. 1y"` es)kkwro 2 - 6A tZ—f ro►R . vrrAC4 . FOP "PIM l � i y i ire 9`•c Dr , p4pr K4mP I_ - 9.75 flOd6f� acceptable between finish grade and 11 plate shall be'as follo s: 14 O=Z.� ween finish be- as fo 1 l o C t ��ott taw• 2%' II I a Yaa asp — �s�rtv�t . 4�g I -oil o pll,dll , f F�Itty-t'• � � f: wI. J' ! �.J• I! 1 I grade and I is: 1 rSoi 0:,2,• 2- Cslz.r CsAti.. 3TACY. (For, ft I �v P6FCj2,ofz- 1 REVISIONS I BY CITY OF NEWPORT BEACH:=BUILDING DEPARTMENT GENERAL GRADING SPECIFICATIONS GENERA 1. All work shall conform to Chapter 15 of the Newport Beach Municipal Code (NBMC), the project soils report and special requirements of the permit. 2. Dust shall be controlled by watering and/or dust palliative. 3. Sanitary facilities shall be maintained on the site during the construction period. 4. work hours are limited from 7:00 AM to 6:30 PM MONDAY through FRIDAY; 8:00 AN to 6:00 PM SATURDAYS; and NO WORK ON sumDAYS AND HOLIDAYS per Section 10-28 of the NBMC.. . S. Noise, excavation, delivery and removal shall be controlled per Section 10-28 of the NBMC. 6. The stamped set of approved plaits shalt be on the job site at all times. 7. Permittee and Contractor are responsible for locating and protecting utilities. a. Approved drainage provisions and protectivemeasures must be used to protect adjoining properties during the grading operation. 9: Cesspools and septic tanks shall be abandoned in compliance with the Uniform Plumbing Code and approved by the Building Official. 10. Haut routes for import or export of materielsshsit be approved by the City Traffic Engineer and procedures shall conform with Chapter 15 of the NBMC. it. Positive drainage shalt be maintained away from at building and slope areas. v 12. Failure to request inspections and/or have removable erosion 6xitrot devices on -site at the appropriate time shall result in forfeiture of the construction site cleanup deposit. 13. All plastic drainage pipe shall consist of PVC or ASS plastic and either ASTM 2751, ASTM D1527, ASTM D3034 or ASTM D1785. 14. No point, plaster, cement, soil, mortar or other residue shalt be allowed to enter streets, curbs, gutters or storm drains. All material and waste shall be removed from the site. NBMC 17.32.020 EROSION CONTROL . 1. Temporary erosion control ptaro.are.,regiitred,fioo Octo6er=15'to Key 15: - 2. Erosion control devices shall be'eveilabte on site betiieen October 15 and May 15. 3. Between October 15 and May 15, erosion control measures shall be in place at the end of each working day whenever the five-day probability of rain exceeds 30 percent. During the remainder of the year, they shall be in place at the end of the working day, whenever the deity•rainfall,probabilitylexceeds 50 percent. 4. Landscaping plans shall be submitted for approval„work'empteted 'and a.certificate of conformance received by the City Grading Engineer prior. to elosure,of permit; unless, waived by the City,Grading Engineer. S. Temporary desitting basins, when required, -,shall be installed and maintained for the duration of the project. REQUIRED INSPECTIONS rj . ' ;.: ..mr•,y - ;.i-cis •Io± la 1. A pre -grading meeting shalt be scheduled 48 hours prior to start of grading with the following people present: owner, grading contractor, design civil engineer, soils engineer, geologist, City Grading Engineer,or their representatives. Required field Inspections will be outlined at the meeting. 2. A pre -paving meeting shall be scheduled 48 hours prior to start of the sub -grade preparation for the paving with the following people present: owner, paving contractor, design civil engineer, soils engineer, City Grading Engineer or their representatives. Required field inspections will be outlined at the meeting. GRADING FILLS/CUTS 1. Graded slopes shall be no steeper than 2 horizontal to 1 vertical. 2. Fill slopes shall be compacted to no less than 90 percent relative compaction out to the finished surface. 3. ALI fills shall be compacted throughout to a minima of 90 percent relative compaction as determined by ASTM test method 1557, and approved by the soils engineer., Compaction tests shall be performed approximately every two feet in vertical height and of sufficient quantity to attest to the overall compaction effort applied to the fill areas. - 4. Areas to receive fill shall be cleared of all vegetation and debris, scarified and approved by the soils engineer prior to placing of the fill. - ,,.,•, „ . . S. Fills shalt be keyed or benched into competent material. 6. All existing fills shalt be approved by the soils engineer or removed before any additional fills are added. 7. Any existing irrigation Lines end cisterns shall be rowed or crushed in place and backfIIIed and approved by the soils engineer. 8. The engineering geologist and soils engineer shalt; after clearing and prior to the placement of fill in carryon, inspect each carryon for areas of adverse stability and determine the presence of, or possibility of future accumulation of, subsurface water or spring flow. If needed, drain will be designed and constructed prior to the placement of fill in each respective canyon. 9. The exact location of the subdrains shalt be surveyed in the field for line and grade. 10. ALL trench backfilts shall be compacted throughout to a minimm of 90 percent relative compaction, and APPROVED BY THE SOILS ENGINEER. The Building Department may require coring of concrete flat work placed over untested backfilts to facilitate testing. ' it. The stockpiling of excess materiel shall be approved by the City Grading Engineer. 12. Landscaping of all slopes and pads shall be in accordance with Chapter 1S of the NBMC. 13. All cut slopes shall be investigated both during and after grading by an engineering geologist to determine if any stability problem exists. Should excavation disclose any geological hazards or potential geological hazards, the engineering geologist shall recommend and submit necessary treatment to the City Grading Engineer for approval. 14. Where support or buttressing of cut and natural slopes is determined to be necessary by the engineering geologist and soils engineer, the soils engineer will obtain approval of design, location and calculations from the City Grading Engineer prior to construction. 15. The engineering geologist and soils engineer shalt inspect and test the construction of all buttress fills and attest to the stability of the slope and adjacent structures upon completion. 16. When cut pads are brought to near grade the engineering geologist shall determine if the bedrock is extensively fractured or faulted and will readily transmit water. If considered necessary by the engineering geologist and soils engineer, a compacted fill blanket wilt be placed. 17. The engineering geologist shall perform periodic inspections during grading. 18. Notification of Noncompliance: If, in the course of fulfilling their responsibility, the civil engineer, the soils engineer, the engineering geologist or the testing agency finds that the work is not being doe in conformance with the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the City Grading Engineer. Recommendations for corrective measures, If necessary, shall be submitted to the City Grading Engineer for approval. DOCUMENTATION 1. An as-buitt grading plan shalt be prepared by the civil engineer including orig(nsl ground surface elevations, as -graded ground surface elevations, lot drainage pattern and locations, and elevations of all surface and sub• surface drainage facilities... He shall: provide written approval that the work was done in accordance with the final approved grading plan and state the number of yards of cut and/or fill moved during the operation. 2. A soils grading report prepared bi the "soils engineer,' inctu dl g locations and elevationof field density tests. summaries of field and laboratory results and other substantiated data and convents on arty changes made during grading and their effect on the reco eendations made in the soils engineering investigation report. He shall provide written approval as to the adequacy of the site for the intended use and completion of work in accordance with -the job specifieationis.•"-r ""� o. ?`"" "'"' •' :'' 3. A geologic grading report prepared bythe engineering'geologfst;- including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved'grading plan: -He shaltprovidewritten approval as to the adequacy of the site for the;fntenlded use.as affected, byrgeologie-factors..,- =un , :.e ': 1.: Leni:l: r.. ...1 Ion :.......:........_. -1..: :'.... ... .. .:...... ... AM • ram° • - • • • � -.fie 1'•ar a- •• 1 �r •• .. - • •- -a• mar •-•►�1 - • • •-,r - • • r s -.. Si'Ata* f•Dl� bA 9AA 'va Cori✓ j Tu6s,T1AP 54-17, poly XV-6 The minimum distance acceptable between finish grade and bottom of treated sill plate shall be'as folio s: ! •i__ rq CONCRETE: 3' iOr to S a •• O �; T= ♦ • - N", rW^u c SOIL: 6': C I E2-3 C 117 �T �. a•.r.�Yj j ,..igg �,• -,l, u f` ill=-� pp :1 1. � . �.. ,.: "`•+a ,,�, 1tXlfyT:' cc,aa �kl5T_ 6 LEGEND- VIS�f�I,fs. To i e Mi1w TC TOP OF CURB " o FL FLOW -LINE of "IL17INCl 1 - IN FiC FINISHED CONCRETE Sl FF FINISHED FLOOR Bi 1 _ TW TOP OF WALL C CENTERLINE fZ PROPERTY LINE 'nor l -A14- SITE/GRADING--- d ToP Ds�+t�' _ ,_...._ ,il'arzYHPools, spas, walls, fences, patio cogs another freestanding atructNres ►ANY INVT ���^', require separate reviews and permits. - I,oT 14 U aN S Q 44 F W Fi r.' 7. O �T U N "' �J M e DRAWN CHECKED DATE SCALE JOB NO. SHEET A I OF SHEETS CR REORDER NO. 01011a 1 -1 4L k 0 [EL T,,th all 4 - ED aster.Suite I. Bedroom 2-- 1 [Ell -L__ cep .-..T.drn7/- 0 ffi 7 0 Vaster Bat 1— r Aa It 41-v JU W. T rk it T ,.Xitchen-.- Se 40 1 4­4 J, -tie `Dining Toom cl L L PIT-r- L Livin T oom L I L 4 Retail #2 IS 172 /9-,T c: G). En 7f0 1 RetA #T RA(P, 54,1-0,V w/ a. Camob C�lg°i L (jee. TV AVVID �biN, mom_ r ;Zk 6A "ON +57" vqf-wWr 11414 SAIL, n � 0 Al-w 1.011 *04 4�4 Zb` A, THIRD FLOOR PLAN SECOND FLOOR .PLAN FIRST FLOOR PLAN NOTE: fr;,�,5 e"F. uvLQ(S2 1,000 56.r— '%f- 5AFZ-- Construction, insl2ections per UAC.5gction 3026, IREVISIONS I BY 4J 44 z. N4 N ti DRAWN CHECKED DATE SCALE JOB NO. SHEET A6 OF SHEETS CH REORDER NO 610115 Al REVISIONS BY 3 F NORTH ELEVATION I 0 o v I I I I 1 _ o 2 Ncv SOUTH. ELEVATION r FUN PMM- I IN al Lil r, , 7OM 1 F-i I I EAST ELEVATION -'r�2DWGl.. 5TtY1,� a, U H N v N h ` � M -. CN w DRAWN CHECKED DATE SCALE JOB NO. SHEET A OF SHEETS t t REVISIONS BY 4 Ts m I DRAWN CHECKED DATE SCALE JOB NO. SHEET Al OF SHEETS