HomeMy WebLinkAboutPA2022-010_20220209_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
February 9, 2022
Reference No. PA2022-010
Attn: Shannon Almeida
1300 S. Meridian Ave.
Suite 400
Oklahoma City, OK
73108
RE: 690 Newport Center Drive, Newport Beach, CA 92660
442 101 27
Dear Ms. Almeida:
The above referenced property is currently located within the Block 600 Sub Area
of the North Newport Center Planned Community (PC56) Zoning District and
designated Mixed-Use Horizontal (MU-H3) within the Land Use Element of the
General Plan. Land uses, development standards, and procedures for the property
are established in the North Newport Center Planned Community Development
Plan. Permitted uses include a hotel in accordance with the General Plan MU-H3
land use designation (Table LU1 and LU2, Anomaly 40). The property is not
located within a Planned Unit Development or an overlay district.
The abutting properties to the north and east are located within the Block 600 Sub
Area of the PC56 Zoning District and designated MU-H3 within the Land Use
Element of the General Plan. The adjacent property to south across Newport
Center Drive is located within the Fashion Island Sub Area of the PC56 Zoning
District and designated Regional Commercial (CR) within the Land Use Element
of the General Plan. The adjacent property to the west across Santa Cruz Drive is
located within the Office Regional Commercial (OR) Zoning District and designated
Regional Commercial Office (CO-R) within the Land Use Element of the General
Plan.
At the time the building permits were finaled, the building and parking requirements
were in substantial conformance with the development standards of the City of
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Newport Beach Municipal Code. If the subject property does not comply with the
current regulations, it is considered to be nonconforming and is subject to Chapter
20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal
Code.
Research of the permit and entitlement history of the property verifies that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for development of the property. With the exception of the discretionary
approvals for signs, copies of those approvals are attached or linked. Please
contact the Planning Division for further details on any discretionary application:
• Directors Determination No. DD2021-001) (PA2021-096) – a Directors
Determination that residential uses are allowable as an accessory use to
resort hotels under certain parameters. This determination is consistent with
City Council Policy K-4 (reducing the barriers to the creation of housing.)
• Planned Community Amendment No. PD2015-003 and Transfer of
Development No. TD2015-001 (PA2015-109) Ordinance No. 2015-132
and Resolution No. 2015-92 – approved November 10, 2015 by the city
council approving amendment to the North Newport center planned
community development plan to: a) update development limits to reflect
past transfers of development, b) increase the maximum development
allocation for block 100 by 21,161 square feet, c) add two existing buildings
(2071 and 2101 San Joaquin hills road), d) provide a 10-foot additional
height allowance for architectural features and rooftop appurtenances, and
e) modify allowed uses, parking requirements, and sign regulations. 2. an
amendment of the block 500 planned community district regulations to
remove two existing buildings, specifically 2071 and 2101 San Joaquin hills
road. 3. a transfer of unbuilt development from the corporate plaza and
corporate plaza west planned communities to the North Newport center
planned community block 100. 4. amendments of the corporate plaza and
corporate plaza west planned community district regulations to reduce the
maximum development allocations to be consistent with the requested
transfer of development.
• Fashion Island Hotel Comprehensive Sign Program No. CS2018-001
and Modification Permit No. MD2018-001 – approved by the Zoning
Administrator on April 26, 2018, for a monument sign at the entrance of the
hotel.
• Operator’s License No. OL2015-002 (PA2015-008) – approved April 22,
2015, by the Chief of Police to allow the Irvine Company to operate an
existing lounge (Aqua Lounge) within the Island Hotel.
• Staff Approval No. SA2014-021 (PA2014-148) – approved January 23,
2015, by the Community Development Director to allow a Type 21 (Off-Sale
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General) alcoholic beverage control license within a small convenience
market at the first floor level of the Island Hotel.
• Comprehensive Sign Program No. CS2006-001 (PA2014-072) –
approved May 15, 2014, by the Zoning Administrator to amend a previously
approved sign program for the Island Hotel.
• Modification Permit No. MD2012-018 (PA2012-174) – approved February
14, 2013, by the Zoning Administrator to allow two wall signs to exceed the
maximum height and area (Resolution ZA2013-006).
• Transfer of Development Rights No. TD2012-002 (Resolution No. 2012-
63), Traffic Study No. TS2012-004 (Resolution No. 2012-64), Planned
Community Development Plan No. PD2012-001 (Ordinance No. 2012-
19), and Development Agreement No. DA2012-001 (Ordinance No.
2012-20) (PA2012-020) – adopted July 24, 2012 (Resolutions) and August
14, 2012 (Ordinances) to amend the North Newport Center Planned
Community Development Plan (NNCPC) increasing the residential
development allocation from 430 units to a total of 524 units (increase of 94
units) and allocating the units to the San Joaquin Plaza sub-area of the
NNCPC. The project also included a water supply assessment (Resolution
No. 2012-62) and an affordable housing implementation plan amendment
(Resolution No. 2012-65).
• Lot Line Adjustment No. LA2011-001 (PA2011-046) – approved May 12,
2011, by the Zoning Administrator to allow the reorientation of three parcels
within Block 600.
• Code Amendment No. CA2011-004 and Planned Community
Development Plan No. PD2011-001 (PA2011-017) – adopted May 24,
2011, by the City Council to change the zoning classification from PC-23 to
PC-56 for property located at 800, 840, 860, and 880 Newport Center Drive
(Ordinance No. 2011-16).
• Transfer of Development Rights No. TD2009-002 (PA2009-159) –
adopted January 26, 2010, by the City Council to allow the transfer of
development rights in the North Newport Center Planned Community
(Resolution No. 2010-15).
• Code Amendment No. CA2009-005 and Planned Community
Development Plan No. PD2009-003 (PA2009-111) – adopted November
24, 2009, by the City Council to incorporate several properties into the North
Newport Center Planning Community and change the zoning classification
of these properties (Ordinance No. 2009-28).
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• Transfer of Development Rights No. TD2009-001 (PA2009-073) –
adopted June 9, 2009, by the City Council to allow the transfer of
development rights in the North Newport Center Planned Community
(Resolution No. 2009-38)
• Transfer of Development Rights No. TD2008-002 and Traffic Study No.
TS2008-001 (PA2008-126) – adopted August 7, 2008, by the City Council
to allow development of 96,428 square feet of general office in Block 500 of
the North Newport Center Planned Community (Resolution No. 2008-72).
• Traffic Study No. TS2007-001 (Resolution No. 2007-80), Transfer of
Development Rights No. TD2008-001 (Resolution No. 2007-82), Code
Amendment No. CA2007-007 and Planned Community Development
Plan No. PD2007-003 (Ordinance No. 2007-20), and Development
Agreement No. DA2007-002 (Ordinance No. 2007-21), (PA2007-151) –
adopted December 11, 2007 (Resolutions), and December 18, 2007
(Ordinances), by the City Council to amend the North Newport Center
Planned Community. The project also included an addendum to the Final
Environmental Impact Report (Resolution No. 2007-79) and Affordable
Housing Implementation Plan (Resolution No. 2007-81).
• Comprehensive Sign Program No. CS2006-001 (PA2006-096) –
approved May 31, 2006, by the Planning Director for a comprehensive
sign program.
• Tentative Parcel Map No. NP2004-020 (PA2004-128) – approved July 21,
2004, by the Modifications Committee to allow the subdivision of an
existing parcel into three parcels.
• General Plan Amendment No. GPA97-3(D) (Resolution No. 98-48), Use
Permit No. UP3631, Modification Permit No. MD4721, and Traffic
Study No. TS114 – approved June 4, 1998, by the Planning Commission
and adopted June 22, 1998, by the City Council to allow for a maximum
limit of 425 hotel rooms in Block 600 and the construction of an additional
142,000 square feet.
• Site Plan Review No. SPR32 (amended) and Traffic Study No. TS92 –
approved January 6, 1994, by the Planning Commission to amend a
previously approved Site Plan Review which permitted the construction of
the 325 room Four Seasons Hotel in Newport Center. The Traffic Study
was for the construction of a 9,000-square-foot ballroom/banquet facility
with ancillary uses.
• Site Plan Review No. SPR32 (amended) – approved August 8, 1991, by
the Planning Commission to permit the construction of two illuminated wall
signs to be mounted at the top of the Four Seasons Hotel.
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• Use Permit No. UP3119 and Site Plan Review No. SPR32 (amended) –
approved December 6, 1984, by the Planning Commission to allow the
construction of a three level parking structure on the roof of the Four
Seasons Hotel. The amended Site Plan Review included several changes
associated with parking and revisions to the site plan for the hotel use.
• General Plan Amendment No. GPA82-2 (Resolution No. 83-92),
Resubdivision No. 752, Site Plan Review No. SPR32, and a Traffic
Study – approved August 4, 1983, by the Planning Commission and
adopted September 12, 1983, by the City Council to allow the construction
of a 325 room hotel with related hotel and service facilities including
ballrooms, meeting rooms, cocktail lounges, and restaurants.
• Use Permit No. UP1919 – approved October 18, 1979, by the Planning
Commission to allow an off-street parking lot on a temporary basis.
• Use Permit No. UP1884 – approved September 7, 1978, by the Planning
Commission to permit the temporary use of a modular building for a
Pacific Federal Savings and Loan branch.
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at (949) 644-3221, or mwhelan@newportbeachca.gov .
Sincerely,
On behalf of Seimone Jurjis, PE, CBO, Community Development Director
By:
Enclosures:
Aerial Map
North Newport Center Planned Community Development Plan
Table LU1 of the Land Use Element of the General Plan
Table LU2 of the Land Use Element of the General Plan
Directors Determination No. DD2021-001 (PA2021-096)
Operator’s License No. OL2015-002 (PA2015-008)
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Staff Approval No. SA2014-021 (PA2014-148)
Modification Permit No. MD2012-018 (PA2012-174)
Lot Line Adjustment No. LA2011-001 (PA2011-046)
Tentative Parcel Map No. NP2004-020 (PA2004-128)
GPA/UP/MOD/TS Minutes (6/22/98)
GPA/UP/MOD/TS Minutes (6/04/98)
SPR32/TS Minutes (01/06/94)
UP3119/SPR32 Minutes (12/06/84)
GPA/RESUB/SPR32/TS Minutes (9/12/83)
GPA/RESUB/SPR32/TS Minutes (8/04/83)
UP1919 Minutes
UP1884 Minutes
Feet
Imagery:2009-2013 photos provided by Eagle
Imaging www.eagleaerial.com
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
6/24/2015
0 400200
Newport
Beach
GIS
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Director’s Determination
To: Planning Division, Community Development Department
From: Seimone Jurjis, Community Development Director
Date: April 30, 2021
Re: Director’s Determination No. DD2021-001 Interpreting Accessory
Residential as an Allowed Use within Resort Hotels (PA2021-096)
Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code (“NBMC”) define “hotel” as an
establishment that provides guest rooms or suites for a fee to transient guests for
sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls.
Related accessory uses may include conference rooms and meeting rooms,
restaurants, bars, and recreational facilities. Guest rooms may or may not contain
kitchen facilities for food preparation. Hotels with kitchen facilities are commonly
known as extended stay hotels. A hotel operates subject to taxation under California
Revenue and Taxation Code Section 7280.
Neither Title 20 (Planning and Zoning) nor Title 21 (Local Coastal Program
Implementation Plan) list residential uses as part of the definition of “hotel”. Both Title
20 and Title 21 definitions of “hotel” are out of date and do not reflect current industry
practice. Specifically, the definition of “hotel” has not been updated to designate residential uses as an accessory use, which has become common practice for
destination resort hotels (mixed-use hotels). While the definition of a hotel does not
prohibit residential uses, a Director’s Determination is necessary to fill the gap
between contemporary practice and the exact wording of Title 20 and Title 21.
Sections 20.12.020 and 21.12.020 (Rules of Interpretation) of the NBMC authorize
the Community Development Director to interpret the meaning of provisions of the
Zoning Code and Local Coastal Program Implementation Plan.
Background
Council Policy K-4 (Reducing the Barriers to the Creation of Housing)
At the March 9, 2021 City Council meeting, the City Council adopted Resolution No.
2021-18 adding City Council Policy K-4 (Reducing the Barriers to the Creation of Housing). Council Policy K-4 recognizes that the City has several major constraints
on existing lands that severely limit or totally restrict the City’s ability to
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 2
accommodate growth to the extent identified in the Sixth Cycle Regional Housing
Needs Allocation (“RHNA”). As a result, new and flexible land use and zoning
regulations and strategies should be developed in order to reasonably and practically accommodate this ambitious State housing mandate while protecting the character and maintaining a quality of life that makes Newport Beach a special
place to live, work, and visit.
Council Policy K-4 directs City staff to develop, modify as necessary, and aggressively implement various strategies and action plans that are designed to accelerate housing production consistent with the policy, including encouraging
and incentivizing the development of mixed-use hotels. Council Policy K-4’s goals
include interpreting ambiguities in the City of Newport Beach General Plan, Coastal
Land Use Plan, and Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (“NBMC”) to allow hotels, located outside of the Coastal Commission Appeal Jurisdiction, to
convert up to thirty percent (30%) of their approved hotel rooms into residential
units on a one-for-one basis. Such an interpretation would allow for residential
units to be deemed an accessory use to the principal use of a hotel and find that such residential uses are consistent with the hotel’s underlying General Plan, Coastal Land Use Plan and municipal code land use and zoning designations.
Applicable Resort Hotels
Mixed-use hotels are an established trend in the hospitality industry that incorporate hotel-branded residential units as an accessory use located within a
resort hotel complex where residents enjoy access to the full range of services,
facilities, and amenities provided by the hotel operator or brand. These hotel-
residential uses cannot exist without the hotel’s services, facilities, and amenities. There are currently twenty-two (22) hotels in the City, of which ten (10) hotels qualify as a resort hotel, a self-contained destination that provides for all travel
accommodation needs in one location, including but not limited to restaurants, bars,
shopping, and recreational facilities (Attachment A). Of the ten (10) resort hotels in
the City, one (1) hotel is located in the coastal zone, but completely outside the Coastal Commission Appeal Jurisdiction area, and three (3) hotels are located outside the coastal zone.
Table 1. Applicable Resort Hotel Properties in the City
Map ID Hotel Name Location General Plan Local Coastal Program Zoning
1 Renaissance Newport Beach 4500 MacArthur Blvd. Mixed-Use
Horizontal (MU-H2)
N/A- Outside Coastal
Zone
Koll Center Planned
Community (PC15)
2 Fashion Island Hotel 690 Newport Center Dr. MU-H3 N/A- Outside Coastal Zone North Newport Center Planned
Community (PC56) 3 Hyatt Regency
John Wayne Airport
4545 MacArthur Blvd. MU-H2 N/A- Outside Coastal
Zone
Newport Place
Planned Community (PC11)
4 Newport Beach Marriot 900 Newport Center Dr. Visitor Serving Commercial
(CV)
Commercial Visitor-Serving (CV-B) / Visitor
Serving Commercial (CV)
Commercial Visitor-Serving (CV)
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 3
Planning and Zoning (Title 20) Interpretation
Pursuant to Section 20.12.020E (Rules of Interpretation – Unlisted Uses of Land) of the NBMC, the Director may determine that a proposed land use that is not listed in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District
Standards) may be allowed if the following findings can be made:
Finding: A. The characteristics of, and activities associated with, the proposed use are
equivalent to those of one or more of the uses listed in the zoning district as
allowable, and will not involve a greater level of activity, population density,
intensity, traffic generation, parking, dust, odor, noise, or similar impacts than
the uses listed in the zoning district;
Facts in Support of finding:
1. The allowance of residential accessory units within a hotel will be regulated to ensure the underlying characteristics and activities remain equivalent to the listed hotel use within the applicable CV (Commercial Visitor-Serving)
Coastal Zoning District or PC (Planned Community) Zoning District.
2. Approved hotel rooms will be allowed to convert to residential uses on a one-for-one basis to ensure the accessory residential use does not involve a greater level of activity, population density, traffic generation, parking,
dust, odor, noise, or similar impacts than the other uses listed within the
applicable CV (Commercial Visitor-Serving) Coastal Zoning District or PC
(Planned Community) Zoning District. 3. The conversion of hotel rooms to residential uses will be limited to no more
than 30 percent of the total number of approved hotel rooms. This restriction
will further ensure that residential uses remain an accessory use to the hotel
and do not change the primary use of the property from hotel to residential. 4. The traffic generation associated with a residential use is comparable to the
traffic generation for a resort hotel use. According to the Institute of
Transportation Engineers Trip Generation Manual (10th Edition), a Multi-
Family Housing Mid-Rise (3-10 levels) development (ITE Code 221) would generate 0.36 and 0.44 average AM and PM weekday peak hour trips per dwelling unit. A Resort Hotel (ITE Code 330) would generate 0.32 and 0.41
average AM and PM weekday peak hour trips per room. The published ITE
trip rates are generally for stand-alone development (e.g. stand-alone hotel
or multi-family housing buildings); however, the reality is accessory residential dwelling units would likely have lower rates due to the additional on-site amenities provided. Therefore, following conversion of a hotel room
to a residential unit, the anticipated traffic generation will be similar or lower.
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 4
5. Pursuant to Council Policy K-3 and in compliance with Senate Bill 743, the
conversion of a resort hotel room to a residential unit is considered to be
less than significant impact on transportation/traffic and no further vehicle miles traveled (VMT) analysis is required since all trips associated with such conversion have already been accounted for as approved hotel rooms. As
a result, conversions are expected to fall below the adopted land use
screening threshold of 300 or less daily trips. For ITE Code 330, there is no
listed daily trip rate; however, the City Traffic Phasing Ordinance states that if there is not an applicable rate, the City Traffic Engineer may, in the exercise of his/her professional judgement, authorize the use of trip
generation rates in San Diego Association of Government’s (SANDAG)
Traffic Generators or on the basis of actual site counts. The SANDAG daily
trip rate for Resort Hotel is eight daily trips per room. The SANDAG daily trip rate for Multi-Family Condominium is also eight daily trips per unit. Therefore, the conversion of a resort hotel room to a residential unit would
result in same or lower daily trips, and below the screening threshold of 300
daily trips requiring VMT analysis.
6. Based on the similar vehicular trips associated with accessory residential uses, levels of odor, dust, noise, or similar impacts at a hotel property with
accessory residential uses is expected to be similar or less.
7. Mixed-use hotels are a form of accommodation that affords buyers with access to the full range of services, facilities, and amenities provided by the hotel.
8. The definition of hotel allows related accessory uses such as conference
rooms and meeting rooms, restaurants, bars, and recreational facilities that can generate additional parking demand substantially higher than residential parking rates. The conversion of hotel rooms to residential units would
constitute an amendment to the conditional use permit. In reviewing such
amendments, approval of the conditional use permit would require ensuring
adequate parking is provided to accommodate the residential units through surplus parking, shared parking, or the adoption of a parking management plan.
Finding:
B. The proposed use will meet the purpose/intent of the zoning district that is applied to the location of the use;
Facts in Support of finding:
1. The CV (Commercial Visitor-Serving) Coastal Zoning District is intended to provide for areas appropriate for accommodations, goods, and services
intended to primarily serve visitors to the City. Hotels are allowed in the CV
(Commercial Visitor-Serving) Coastal Zoning District subject to obtaining a
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 5
conditional use permit pursuant to Section 20.20.020 of the NBMC. A hotel
with an accessory residential use that is limited to no more than 30 percent
of the approved hotel rooms will primarily serve visitors to the City. 2. The resort hotels located within PC11, PC15, and PC56 are located within the
MU-H (Mixed-Use Horizontal) land use category of the General Plan. The
MU-H designations are intended to provide for the development of areas for
a horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi-family residential, visitor-serving and marine-related uses, and/or buildings that vertically
integrate residential with commercial uses. The hotel-branded units are
consistent with the MU-H designations as residential units are clearly
allowed, and a hotel with an accessory residential use that is limited to no more than 30 percent of the approved hotel rooms will primarily serve visitors to the City.
3. Mixed-use hotels are common practice within the hotel industry and provide
visitor serving amenities and services consistent with the CV (Commercial Visitor-Serving) Coastal Zoning District and PC (Planned Community) Zoning District.
4. Fact in Support of Finding A.7 is hereby incorporated.
Finding:
C. The proposed use will be consistent with the goals, objectives, and policies of
the General Plan, or any applicable specific plan;
Facts in Support of finding:
1. The CV (Commercial Visitor-Serving) Coastal Zoning District General Plan
land use designation is intended to provide for areas appropriate for
accommodations, goods, and services intended to serve primary visitors to the City. By limiting residential uses to an accessory use at a hotel property, the primary purpose of the hotel meets the goals, objectives and policies of
the General Plan, or any applicable specific plan.
2. The MU-H (Mixed-Use Horizontal) designations are intended to provide for the development of areas for a horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices,
multi-family residential, visitor-serving and marine-related uses, and/or
buildings that vertically integrate residential with commercial uses. Mixed-
use hotels are consistent with the MU-H designations as residential units are clearly allowed, and a hotel with an accessory residential use that is limited to no more than 30 percent of the approved hotel rooms will primarily
serve visitors to the City.
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Director’s Determination, April 30, 2021
Page 6
3. The trend in the hotel industry is to locate limited residential uses at a hotel
property to create resort amenities that can be shared by residents, visitors,
and tourists alike. 4. This interpretation implements Land Use Element Policy LU 2.3 (Range of
Residential Choices) by providing new opportunities for the development of
residential units in response to community and regional needs for housing.
5. This interpretation implements Land Use Element Policy LU 3.2 (Growth and Change) which encourages enhancement of existing neighborhoods,
districts, and corridors, allowing for re-use and infill with uses that are
complementary in type, form, scale, and character. Changes in use and/or
density/intensity should only be considered in those areas that are economically underperforming, are necessary to accommodate the City’s share of regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that
distinguish Newport Beach as a special place to live for its residents. The
hotel industry has been one of the hardest hit industries due to the COVID-19 pandemic and for some hotels, a full recovery of the industry is not anticipated for many years. Mixed-use hotels provide an opportunity to
revitalize older and/or underperforming hotels to maintain their competitive
standing by creating multiple revenue streams that can support
improvements to the property enhancing the visitor experience. Economies of scale created by shared facilities, amenities, and services add additional benefit to mixed-use hotel developments. This cross pollination of business
benefits both the hotel and the resident. It may also increase occupancy
rates at the resort by creating increased synergy between uses and social
gathering opportunities, boosting transient occupancy taxes while providing in-fill housing opportunities to partially assist the City in meeting its RHNA obligation in highly desirable and built-out areas.
Finding:
D. The proposed use is not listed as allowable in another zoning district;
Fact in Support of finding:
1. Hotels with an accessory residential use are not listed as allowable in another zoning district, Stand-alone residential uses, which are allowable in another zoning district, would not be permitted under this interpretation.
Finding:
E. The proposed use is not a prohibited or illegal use.
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 7
Fact in Support of finding:
1. Hotels with an accessory residential use are neither a prohibited or an illegal use.
Local Coastal Program Implementation Plan (Title 21) Interpretation
Pursuant to NBMC Section 21.12.020(E) (Rules of Interpretation – Unlisted Uses of Land) of the NBMC, the Director may determine that a proposed land use that is not listed in Part 2 of this title (Coastal Zoning Districts, Allowable Land Uses,
and Coastal Zoning District Standards) may be allowed if the following findings can
be made:
Finding:
F. The characteristics of, and activities associated with, the proposed use are
equivalent to those of one or more of the uses listed in the coastal zoning district
as allowable, and will not involve a greater level of activity, population density,
intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the coastal zoning district;
Facts in Support of finding:
1. The allowance of residential accessory units within a hotel will be regulated to ensure the underlying characteristics and activities remain equivalent to
the listed hotel use within the applicable CV (Commercial Visitor-Serving)
Coastal Zoning District.
2. Approved hotel rooms will be allowed to convert to residential uses on a one-for-one basis to ensure the accessory residential use does not involve
a greater level of activity, population density, traffic generation, parking,
dust, odor, noise, or similar impacts than the other uses listed within the
applicable CV (Commercial Visitor-Serving) Coastal Zoning District. 3. The conversion of hotel room to residential units would constitute a major
change in hotel operations requiring a coastal development permit. The
coastal development permit review will require adequate parking be provided
to accommodate the residential units through surplus parking, shared parking, or the adoption of a parking management plan, and to ensure the protection of lower-coast visitor accommodations.
4. Facts in Support of Finding A.3 through A.8 are hereby incorporated by
reference.
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 8
Finding:
G. The proposed use will meet the purpose/intent of the coastal zoning district that
is applied to the location of the use;
Facts in Support of finding:
1. The CV (Commercial Visitor-Serving) Zoning District is intended to provide for areas appropriate for accommodations, goods, and services intended to primarily serve visitors to the City. A hotel with an accessory residential use
that is limited to no more than 30 percent of the approved hotel rooms will
primarily serve visitors to the City.
2. Mixed-use hotels are common practice within the hotel industry and provide visitor serving amenities and services consistent with the CV (Commercial
Visitor-Serving) Coastal Zoning District.
Finding:
H. The proposed use will be consistent with the goals, objectives, and policies of
the Coastal Land Use Plan;
Facts in Support of finding: 1. The CV (Commercial Visitor-Serving) Coastal Zoning District Coastal Land
Use Plan designation is intended to provide for areas appropriate for
accommodations, goods, and services intended to serve primary visitors to
the City. By limiting residential uses to an accessory use at a hotel property, the primary purpose of the hotel meets the goals, objectives and policies of the Coastal Land Use Plan that prioritize visitor-serving commercial
recreational facilities designed to enhance public opportunities for coastal
recreation over other uses.
2. The trend in the hotel industry is to locate limited residential uses at a hotel property to create resort amenities that can be shared by residents, visitors,
and tourists alike.
3. This interpretation would restrict its applicability to hotel properties located outside of the appeal areas identified in the California Public Resources code Section 30603(a) as generally depicted on the Post-LCP Certification
Permit and Appeal Jurisdiction Map. This applicability restriction ensures
that coastal access and coastal dependent uses are not impacted.
4. Any development would be required to adhere to all LCP goals and policies including those related to public access and resource protection, and the
protection of lower-cost visitor accommodations.
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 9
Finding:
I. The proposed use is not listed as allowable in another coastal zoning district;
and
Fact in Support of finding:
1. Hotels with an accessory residential use are not listed as allowable in another coastal zoning district. Separate or stand-alone residential uses operating as primary land uses, which are allowable in another coastal
zoning district, would not be permitted under this interpretation.
Finding:
J. The proposed use is not a prohibited or illegal use.
Fact in Support of finding:
1. Hotels with an accessory residential use are neither a prohibited or an illegal use.
Directors Determination
The Community Development Director of the City of Newport Beach hereby determines that residential uses are permitted as an accessory use to hotels subject
to the following:
a. This interpretation shall only apply to resort hotels, a self-contained destination that provides for all travel accommodation needs in one location, including but not limited to restaurants, bars, shopping, and recreational
facilities. Residents shall enjoy access to the full range of services,
facilities, and amenities provided by the hotel operator or brand.
b. The hotel property relying upon this interpretation shall be located outside the appeal area identified in California Public Resources Code Section 30603(a)
as generally depicted on the Post-LCP Certification Permit and Appeal
Jurisdiction Map.
c. Approved hotel rooms may be converted to residential units but only on a one-for-one basis.
d. The residential use shall at all times be accessory to the hotel use, and the
residential units shall comprise no more than 30 percent of the approved hotel rooms.
e. The residential units may be located within a repurposed hotel or in a new
residential structure.
Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
Director’s Determination, April 30, 2021
Page 10
f. A property owner that desires to have an accessory residential use at their
hotel shall process a conditional use permit and coastal development permit (if applicable). In reviewing said permits, the review authority shall ensure adequate parking is provided to accommodate the residential units through
surplus parking, shared parking, or the adoption of a parking management
plan.
g. Potential impacts to public access, affordable housing, and the loss of transient occupancy tax must be mitigated by entering into a Development
Agreement with the City or by some other means deemed appropriate.
Please note that a call for review or appeal may be filed within 14 days following the date of this determination.
Attachments: A – Hotel Map and List
ATTACHMENT A
Hotel Map and List
COAST HWY W
NEWPORTCOASTDRNEWPORT BLVDJAMBOREERDBALBOABLVDE
COAST HWY ESUPERIOR AVEFORDRD
BALBOABLVDW MACARTHURBLVDBALBOA BLVD NEWPORT BLVDBALBOA BLVD NEWPORTBLVDU N IV E R SIT YDRJAMBOREE RDSANJOAQUINHILLS RD
BISONAVE
BALBOABLVDE BONITAC A N Y O N D REASTBLUFFDR!3
!2
!1
!4
!12!19
!15
!18
!6
!16
!21
!17
!20
!22
!7
!11
!5
!8
!14
!13
!9
!10
PA2021_096_Hotel_Exhibit_March_2021.mxd
0 6,9003,450
FeetI
City of Newport BeachGIS DivisionApril 23, 2021
Qualifying Resort Hotels Determination No. DD2021-001 (PA2021-096)
Legend
LCP Appeal Area
Coastal Zone Boundary
City Boundary
Eligible hotels; resort qualities and located outside Coastal Commission Appeal Area
Non-eligible hotels; non-resort or located in Coastal Commission Appeal Area
Tag Name of Establishment Address GP Zoning Coastal land
Use and Zoning
Appeal Area Resort Qualities Eligible for
Interpretation
Non-Appeal Area
Resort Qualities
1 Renaissance Newport Beach 4500 MacArthur Blvd MU-H2 PC-15 (Office Site A) -- -- Yes Yes
2 Fashion Island Hotel 690 Newport Center Drive MU-H3 PC-56 -- -- Yes Yes
3 Hyatt Regency John Wayne Airport 4545 MacArthur Blvd MU-H2 PC11 (Hotel Site 1) -- -- Yes Yes
4 Newport Beach Marriot 900 Newport Center Dr CV CV CV-B/CV No Yes Yes
5 Lido House 3300 Newport Boulevard CV-LV CV-LV CV-LV Bisected Yes No
6 Newport Dunes 1131 Back Bay Drive PR PC48 PR/PC48 Yes No No
7 Balboa Bay Resort 1221 West Coast Highway CV PC45 (Resort) CV-B/PC45 Yes Yes No
8 Newport Beach Marriot Bayview 500 Bayview Circle CV PC32 CV-A/PC-32 Bisected Yes No
9 The Resort at Pelican Hill 22701 Pelican Hill Rd CV PC52 (PA13C-
Tourist Commercial)
PC52 Bisected Yes No
10 Hyatt Regency Newport Beach 1107 Jamboree Rd CV CV CV-B/CV Bisected
Yes No
11 Balboa Inn 105 Main St. CV CV CV-B/CV Yes Yes No
12 Bay Shores Peninsula Hotel 1800 West Balboa Blvd. CV CV CV-A/CV Yes No No
13 Little Inn By The Bay 2627 Newport Blvd. CV CV CV-A/CV Bisected No No
14 Newport Channel Inn 6100 West Coast Highway CV CV CV-A/CV No No No
15 Hotel Solarena 6208 West Coast Highway CV CV CV-A/CV No No No
16 Holiday Inn Express 2300 West Coast Highway CV CV CV-A/CV Bisected.
No No
17 Pine Knot 6302 West Coast Highway CV CV CV-A/CV No No No
18 Marriot’s Newport Coast Villas 23000 Newport Coast Dr CV PC52 (PA13C-
Tourist Commercial)
PC52 Bisected No No
19 Doryman’s Inn 2102 West Ocean Front CV CV CV-B/CV Yes No No
20 Crystal Cove Beach Cottages 35 Crystal Cove OS PC52 (PA17) PC52 (PA17) Yes No No
21 Extended Stay America OC John Wayne Airport 4881 Birch Street CG PC15 (Retail and
Service Site 1)
__ __ No No
22 The Newport Beach Hotel A Four Sisters Inn 2306 W Oceanfront CV CV CV-B/CV Yes No No
OPERATOR LICENSE APPROVAL LETTER
POLICE DEPARTMENT
870 SANTA BARBARA DRIVE
NEWPORT BEACH, CA 92660
(949) 644-3681 FAX (949) 644-3794
www.nbpd.org
April 22, 2015
Rick A. Blake & Associates
Attn: Michael Ayaz
2107 N. Broadway #106
Santa Ana, CA 92706
mike@rablake.com
VIA EMAIL
Application No. Operator License No. OL2015-002 (PA2015-008)
Owner/Applicant The Irvine Company
Location/Business Name Aqua Lounge Operator License
Site Address 690 Newport Center Drive
LEGAL DESCRIPTION Parcel 3 of Lot Line Adjustment No. 2011-001, in the
City of Newport Beach, County of Orange, State of
California, recorded January 31, 2012, as Instrument
No. 20120000574252 of Official Records, in said office
of the County Recorder.
On April 22. 2015, the Chief of Police approved the following: An operator license to allow
The Irvine Company to operate an existing lounge, Aqua Lounge, within the Island Hotel.
The lounge operates with late hours , a Type 47 (On Sale General) ABC alcohol license,
live entertainment in the form of a disc jockey, and outdoor patio areas. The Operator
License is required due to modifications to the lounge· that increased the allowed
maximum occupant capacity. In accordance with Staff Approval No. SA2014-021
(PA2014-148), the lounge modifications are in substantial conformance with Use Permit
No . UP3631.
REQUIRED FINDINGS
The Chief of Police has made the following findings as required by NBMC 5.25.050
(Issuance of License-Criteria and Findings):
Finding:
1. The business or enterprise is located in a zone permitting the proposed use under
Title 20 of the NBMe, and is subject to such use permits as may be required.
Facts in Support of Finding:
Aqua Lounge Operator License
April 22, 2015
Page 2
1. Use Permit No. 3631 was approved by the Planning Commission on June 22,
1998. Under this approval , up to 425 rooms were permitted for the hotel and its
ancillary uses including a ballroom, meeting rooms , health club/spa, a wedding
garden, and pool. At this time, the existing hotel included a 5,449-square-foot
restaurant, lounge-bar, and a 200-square-foot pool bar.
2. Tenant improvements to the existing hotel lounge were approved in 2014.
However, an operator license is required due to the resulting increase in occupancy
from 223 to 254 persons within the lounge. Additionally, two outdoor patio areas
have been added to the hotel lounge operation further increasing the occupancy.
Finding:
2. In the case of a business or enterprise offering "Entertainment," as defined, the
premises meets all of the criteria in Chapter 5.28.040.8.2-7.
Facts in Support of Finding:
1. A manager will be present on-site at all times when entertainment is performed at
the establishment. Entertainment is provided in the form of a single violinist in the
daytime or a disc jockey from 9:00 p.m. to 1 :00 a.m. on Thursday, Friday and
Saturday evenings.
2. Security personnel (a minimum of 1 per 50 persons) will be present when live
entertainment in the form of a disc jockey or other amplified music is provided. The
need for security personnel has been reviewed by the Police Department and is
waived during other operating hours.
3. The establishment complies with the additional regulations per Section
5.28.041 (Additional Regulations) of the Municipal Code .
4. Sufficient sound attenuation is provided within the establishment to minimize noise
impacts to other hotel guests within the Island Hotel.
5. Signage for the establishment complies with the provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
6. The entire interior portion of the viewing area where entertainment will occur is
open and visible from aisles and public areas within the lounge.
Finding :
3. The proposed site plan and improvements are consistent with the use and the plan
of operations.
Facts in Support of Finding:
Aqua Lounge Operator License
April 22 , 2015
Page 3
1. A lounge has operated in this location since 1983. The hotel has operated with
ancillary eating and drinking establishments in the past and demonstrated the
location's capability of operating as a compatible use with other land uses in the
vicinity.
2 The lounge floor plan accommodates 371 people and 177 seats including the
outdoor patio areas. The Aqua Lounge includes an indoor lounge and adjacent
patio that provides 130 seats and a 254 person occupant capacity. The nearby
deck and fire pit includes 47 seats and a 117 person occupant capacity.
3 The plans are consistent with the occupancy limits identified on the tenant
improvement plans under Plan Check No. 2422 -2013.
Finding:
4. The plan of operations as proposed, with attached conditions in place, is adequate
in light of the neighborhood in which the operation is located and supports the
public health, safety, and welfare of the community.
Facts in Support of Finding:
1. Security personnel at the entrance will be responsible for regulating the loitering ,
noise, elicit activity, and other objectionable conditions that may occur outside of
the lounge. A detailed security plan has been prepared where one security host will
be provided for every 50 guests during times in which live entertainment in the form
of a disc jockey or other amplified music is provided. A map of security posts is
provided as part of the security plan . Security personnel will re-Iocate towards the
valet areas at the end of the evening to supervise and patrol valet drop-off area and
control loitering, noise, elicit activity, and other objectionable conditions that may
occur on the property.
3. The operator license has been conditioned to require that security personnel with
barriers be posted at the entrances to the exterior patio areas to track hotel guests
and lounge patrons entering and exiting the premises in order to maintain
maximum occupancy limits .
4. The business will be required to comply with the hours of operation as specified in
the conditions of approval for the operator license.
5. The operator license has been conditioned to require the applicant to work diligently
with the City if any parking or circulation issues occur on-site.
CONDITIONS OF APPROVAL
Aqua Lounge Operator License
April 22, 2015
Page 4
In no case shall the conditions be inconsistent with , or less restrictive than, those
required by any applicable use permit. The following operational conditions are
reiterated from the Use Permit and the applicant shall comply with the conditions of
approval of Use Permit No. UP3631:
1. That development shall be in substantial conformance with the approved site
plan, floor plan, and elevations, except as noted below. (UP3631, Condition No.
1)
2. That a valet operations plan shall be reviewed and approved by the City Traffic
Engineer. (UP3631, Condition No.6)
3. That all trash areas shall be screened from adjoining properties and streets.
(UP3631 , Condition No.7)
4. That the Planning Commission may add to or modify conditions of approval to
this Use Permit or recommend to the City Council the revocation of this Use
Permit, upon a determination that the operation which is the subject of this Use
permit, causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community. (UP3631 , Condition No.9)
5. That the project shall comply with State Disabled Access requirements. (UP3631 ,
Standard Requirement No.1)
6. That all improvements be constructed as required by Ordinance and the Public
Works Department. (UP3631 , Standard Requirement No.2)
7. That the on-site parking , vehicular circulation and pedestrian circulation systems
be subject to further review by the City Traffic Engineer. (UP3631 , Standard
Requirement No.7)
The Chief of Police has attached additional conditions and requirements to the license.
In no case shall the conditions be inconsistent with, or less restrictive than, those
required by any applicable use permit.
1. The development shall be in sUbstantial conformance with the approved site plan ,
floor plans and building elevations stamped and dated with the date of this
approval. (Except as modified by applicable conditions of approvaL)
2. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control (ABC) shall be a Type 47 (On Sale General) in
conjunction with the service of food.
Aqua Lounge Operator License
April 22, 2015
Page 5
3. The alcoholic beverage sales for the purpose of on-site consumption shall be
limited to the designated areas indicated on the floor plan submitted with the
application.
4. The hours of operation for the Aqua Lounge shall be limited from 6:00 a.m. through
1 :00 a.m., daily. Last call for alcohol shall not occur after 12:30 a.m., daily.
5. A manager will be present on-site at all times when entertainment is performed at
the establishment. Live entertainment in the form of a disc jockey or other amplified
music shall be limited from 9:00 p.m . to 1 :00 a.m., Thursdays , Fridays, and
Saturdays. A single violinist or other non-amplified single-instrument musician shall
be permitted during other operating hours within the lounge area.
6. Strict adherence to maximum occupancy limits is required : 254 person occupant
capacity within the indoor lounge and adjacent patio, and an additional 117
person occupant capacity in the nearby deck and fire pit. Security personnel with
barriers shall be posted at the entrances to the exterior patio areas to track hotel
guests and lounge patrons entering and exiting the premises in order to maintain
maximum occupancy limits.
7. The applicant shall provide licensed security personnel. Prior to implementation of
this Operator's License, a comprehensive security plan for the permitted uses was
submitted to the Newport Beach Police Department for review and approval. Any
changes to the comprehensive secu rity plan shall first be subject to the review and
approval of the Newport Beach Police Department. The procedures included in the
plan and any recommendations made by the Police Department shall be
implemented and adhered to for the life of the Operator's License.
8. Food service from the regular menu must be available to patrons up to thirty (30)
minutes before the scheduled closing time .
9. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
10. No reduced price alcoholic beverage promotion shall be allowed except when
offered in conjunction with food ordered from the full service menu . There shall
be no reduced price alcoholic beverage promotion after 9:00 p.m . or anytime in
conjunction with live entertainment in the form of a disc jockey or other amplified
music.
11 . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food during the same period. The license shall at all times maintain records,
which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less
frequently than on a quarterly basis and shall be made available to the Police
Department on demand.
Aqua Lounge Operator License
April 22 , 2015
Page 6
12. Patrons of the Aqua Lounge are not permitted to remove alcohol from the Aqua
Lounge area as shown in the attached security plans. Such prohibition would be
mandated during the operation of the Aqua Lounge (Thursday, Friday, and
Saturday) between the hours of 9:00 p.m. to 1 :00 a.m .
13 . There shall be no exterior advertising or signs of any kind or type including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition .
14. There shall be no on-site radio , television , video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include
the service of alcoholic beverages , without first obtaining an approved special
event permit issued by the City of Newport Beach.
15. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the alcoholic beverage outlet and adjacent properties during
business hours.
16. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the
premises.
17. All owners, managers, and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods
and skills for serving and selling alcoholic beverages.
18. For future licensees, operators or assignees, a new Operator License shall be
required. Should the Alcoholic Beverage Control (ABC) license be transferred,
any future license holders, operators or assignees shall be notified of the
conditions of this approval by either the current licensee, business operator, or
the leasing company.
19. The business shall comply with Title 20 (Zoning Code) and any other applicable
provisions of the Newport Beach Municipal Code.
20. In accordance with Section 5.28 .080 (Revocation, Suspension , or Modification of
License for Cause), this Operator License may be modified or revoked by the
Chief of Police should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
Aqua Lounge Operator License
April 22, 2015
Page 7
21 . Operator License No. OL2015-002 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits &
Extensions) of the Newport Beach Municipal Code (NBMC), unless an extension is
otherwise granted .
22 . To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Aqua Lounge at the Island Hotel including, but not limited to, the Operator License
No. OL2015-002 (PA2015-008) and Use Permit No. UP3631 . This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs
of suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action , suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attomeys' fees , and damages, which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant
to the indemnification requirements prescribed in this condition.
OPERATOR LICENSE NONTRANSFERABLE
No operator license issued pursuant to this chapter shall be sold, transferred, or assigned
by any license holder, or by operation of law, to any other person, group , partnership,
corporation or any other entity, and any such sale, transfer or assignment, or attempted
sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such
license, and such license shall be, thereafter, null and void . A license held by an
individual in a corporation or partnership is subject to the same rules of transferability as
contained above. License shall be valid only for the exact location specified in the license.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including
the applicant and posted on the subject property at least 21 days prior to the decision
date, consistent with the provisions of the Municipal Code.
APPEAL PERIOD
The determination of the Chief of Police to deny or to place conditions upon the approval
of an operator license shall be appealable by the applicant or any interested party. Such
appeal shall be made in writing to the City Manager, within fifteen (15) days of the
Aqua Lounge Operator License
April 22, 2015
Page 8
postmark date of the Chief of Police's notice of decision. For additional information on
filing an appeal, contact the Planning Department at (949) 644-3200.
REVOCATION, SUSPENSION OR MODIFICATION OF LICENSE FOR CAUSE
The Chief of Police may commence a process to revoke, suspend or modify an operator
license issued under the provisions of this chapter should there be reasonable suspicion
of any of the following:
A. The licensee has ceased to meet the requirements for issuance of license;
B. The applicant gave materially false, fraudulent or misleading information within the
application ;
C. Impacts emanating from the establishment for which the license was issued has
substantially interfered with the peace and quiet of the neighborhood;
D. The licensed business or activity has operated in violation of any of the requirements
of this chapter, the license as issued , or any condition thereof. The Chief of Police
shall notify the operator of the commencement of such revocation , suspension or
modification process and shall conduct an investigation to determine if, and to what
degree, one or more of the foregoing has occurred. Upon completion of the
investigation, the Chief of Police may add, delete or modify the license conditions.
The Chief of Police shall notify the applicant regarding the determination of the
operator license, on the outcome of the investigation, and the action taken . The
applicant or any interested party may appeal a determination or an added or modified
By:
~~al 10 C'~ Maoag" '0 the maooe, ,el forth '0 Sectioo 5.25.05O(C)
J~
CHIEF OF POLICE
Attachments:
PD 1 Planning Commission Resolution approving Use Permit No. 3631
PD 2 Project Description and Narrative Justification
PD 3 Security Plan
PD 4 Project Plans
cc:
Irvine Company
Attn: John A. Doane
550 Newport Center Drive
Newport Beach, CA 92660
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
APPLICATION:
Staff Approval No. SA2014-021 (PA2014-148)
APPLICANT: The Irvine Company
LOCATION:
690 Newport Center Drive
Island Hotel Staff Approval
LEGAL DESCRIPTION Parcel 3 of Lot Line Adjustment No. 2011-001, in the City
of Newport Beach, County of Orange, State of California,
Recorded January 31, 2012, as Instrument No.
20120000574252 of Official Records, in said office of the
County Recorder.
On January 23, 2015, the Community Development Director approved Staff Approval No.
SA2014-021. This approval is based on the findings and subject to the following conditions
PROJECT SUMMARY
A determination of substantial conformance with Use Permit No. UP3631 to allow a
Type 21 (Off-Sale General) alcoholic beverage control license within a small
convenience market at the first floor level of the Island Hotel. The convenience market
would be open between the hours of 6:00 a.m. and 10:00 p.m., daily.
ZONING DISTRICT/GENERAL PLAN
Zone: PC-56 (Newport Center North, Block 600)
General Plan: MU-H3 (Mixed-Use Horizontal)
I. BACKGROUND
At its meeting of September 12, 1983, the City Council approved the certification of the
Draft EIR, General Plan Amendment No. 82-2, acceptance of a traffic study, Resubdivision
No. 752, and Site Development Review No. 32. The hotel was then approved for 319
guest rooms, meeting/conference rooms, banquet facilities, restaurants, and various
recreation and service facilities.
Island Hotel Staff Approval
January 23, 2015
Page 2
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
On January 6, 1994, the Planning Commission approved a second amendment to Site
Development Review No. 32, which permitted the construction of a 9,000-square-foot
ballroom/banquet facility with ancillary uses. However, the additional floor area
authorized under this amendment was never constructed.
On June 22, 1998, the City Council approved Conditional Use Permit No. UP3631 for a
142,500-square-foot addition to the existing hotel. Under this approval, up to 425 rooms
were permitted for the hotel and its ancillary uses including a ballroom, meeting rooms,
health club/spa, a wedding garden, and pool. At this time, the existing hotel included a
5,449-square-foot restaurant and a 200-square-foot pool bar.
Tenant improvements were approved in 2014, authorizing the conversion of a 575-square-
foot portion of the lobby area into a small convenience market. The applicant now requests
a Type 21 (Off- Sale General) Alcoholic Beverage Control (ABC) license to sell alcohol
within a small portion of the convenience market.
II. PROJECT SUMMARY
The applicant requests a determination of substantial conformance with Use Permit No.
UP3631 to allow a Type 21 (Off-Sale General Beer and Wine) alcoholic beverage
control license within the convenience market at the first floor level of the Island Hotel.
The convenience market would be open between the hours of 6:00 a.m. and 10:00
p.m., daily. Within the convenience market area, alcohol sales are planned to occupy
approximately 15 square feet of the 575-square-foot market area. No physical changes
to the existing convenience market will be necessary to accommodate the addition of
alcohol sales. The hotel recently removed the in-room mini-bars from the individual
rooms. The market, including alcohol sales, is intended to provide convenience items
primarily for hotel guests now that the mini-bars are no longer available.
Additional site parking will not be required as a result of the addition of off-sale alcohol
sales to the previously authorized convenience market.
III. FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community
Development Director may authorize minor changes to an approved site plan,
architecture, or the nature of the approved use, without a public hearing, and waive the
requirement for a new use permit application. In this case, the Community Development
Director has determined that the proposed alcohol service within the convenience
market is in substantial conformance with the approved plans per Use Permit No.
UP3631 for the following reasons:
Island Hotel Staff Approval
January 23, 2015
Page 3
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. The small convenience market is accessory to the primary hotel use and is
consistent with other ancillary uses permitted in the Block 600 Sub-Area of the PC-
56 (North Newport Center Planned Community) Zoning District and in conjunction
with Use Permit No. UP3631 for the hotel.
2. The floor plans will be consistent with existing building permits issued for the
remodel and addition of the convenience market place to the first floor level.
3. Alcohol sales will occupy approximately 15 square feet of the convenience market
area, which is a small portion of the overall convenience market within the hotel
lobby.
Finding:
B. Do not involve a feature of the project that was a basis for or subject of findings
or exemptions in a negative declaration or Environmental Impact Report for the
project.
Facts in Support of Finding:
1. The convenience market is consistent with other ancillary uses permitted under Use
Permit No. UP3631, which does not specifically prohibit off-sale alcohol sales.
2. The addition of off-sale alcohol sales will not change the adopted Mitigated
Negative Declaration under the California Environmental Quality Act for the project
since the request involves the addition of alcohol sales within an existing building,
where no physical changes will occur to the building.
Finding:
C. Do not involve a feature of the project that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding:
1. Condition of Approval No. 1 of Use Permit No. UP3631 provides that, "The
development shall be in substantial conformance with the approved site plan,
floor plans, and elevation, except as noted below.” No physical changes to the
floor plan are proposed for the addition of alcohol sales beyond those previously
authorized under tenant improvements for the new convenience market. These
Island Hotel Staff Approval
January 23, 2015
Page 4
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
changes have been determined to be in substantial conformance with the original
use permit approval.
2. The addition of a convenience market and off-sale alcohol sales was not
specifically contemplated as an ancillary use under Use Permit No. UP3631. The
proposed use is ancillary to the primary operation of the facility as a hotel.
3. The Department of Alcoholic Beverage Control will require a determination of public
convenience and necessity.
Finding:
D. Do not result in an expansion or change in operational characteristics of the use.
Facts in Support of Finding:
1. The convenience market within the first floor level of the hotel was previously
authorized through a ministerial building permit. The use is ancillary to the primary
operation of the facility as a hotel. Small convenience markets offering alcohol for
sale are common in resort hotels.
2. The convenience market will operate from 6:00 a.m. to 10:00 p.m., daily. The
10:00 p.m. closing hour will help ensure that alcohol sales are available to hotel
guests and not for lounge patrons after the lounge closes.
3. Additional site parking will not be required as a result of the addition of off-sale
alcohol sales to the previously authorized convenience market.
IV. DETERMINATION
This staff approval has been reviewed and the determination has been made that the
proposed changes to the existing food use and proposed commercial development are in
substantial conformance with the original approval actions.
V. CONDITIONS OF APPROVAL
1. Alcohol sales shall be limited between the hours of 6:00 a.m. and 10:00 p.m.
2. Alcohol sales shall be limited to the 15-square-foot shelf space within the
convenience market, as shown on the approved plans.
3. To the fullest extent permitted by the law, the applicant shall indemnify, defend
and hold harmless City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney’s
fees, disbursements and court costs) of every kind and nature whatsoever which
Island Hotel Staff Approval
January 23, 2015
Page 5
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
may arise from or in any manner relate (directly or indirectly) to City’s approval of
the Island Hotel Staff Approval including, but not limited to, Staff Approval, No.
SA2014-021 (PA2014-148). This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of the
City's costs, attorneys' fees, and damages which the City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to
the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
The conditions of approval authorized by Use Permit No. UP3631 shall continue in full
force and effect as approved by the Planning Commission.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development,
within fourteen (14) days following the date the action or decision was rendered unless a
different period of time is specified by the Municipal Code. For additional information on
filing an appeal, contact the Planning Division at (949) 644-3200.
On behalf of Kimberly Brandt, AICP, Community Development Director
By:
GR/mkn
Attachments: CD 1 Vicinity Map
CD 2 Project Plans
Attachment No. CD 1
Vicinity Map
Feet
Imagery:2009-2013 photos provided by Eagle
Imaging www.eagleaerial.com
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
10/1/2014
0 400200
Newport
Beach
GIS
Subject
Property
Island Hotel Staff Approval
October 31, 2014
Page 7
Conformance Action Ltr.docxTmplt: 04/04/13
Attachment No. CD 2
Project Plans
HOTEL ENTRANCE I
PAGES 18 -19 •
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OAK GRILL
PAGES 2 - 6
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PAGES 15 -17
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Island HOlel
Oak GrillI Aqua lounge
Newpon Beach. Caillornia
• IRVINE COMPANY
Since 1864 _
Description
Reference Plan
Sheet Title
Reference Plan
Job No.
Date
LPA
Arc;hitecture
Planning [nterlor~ign
llllMUPI Arc~iltcture
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... Copyright 200 1
1309510
November 27, 2013
1
PA2014-148
COFFEE COUNTER
GUM-MINT-CHOCOLATE
GRAB-AND-GO DRINKS
WATER -ICE TEAS -ENERGY DRINKS -SODAS -JUICES
DRY MERCHANDISER
SNACKS-FAMILY SIZE
SNACKS-BARS
DRY -FRUIT -NUTS
GRAB-AND-GO DRINKS
WATER -ICE TEAS -ENERGY DRINKS"
CHOCOLATE-GUM-MINT
CANDY BARS
GRAB-AND-GO
SANDWICHES-SALADS-
WRAPS-
DESSERTS-FRUIT
PASTRIES -MUFFINS
COOKIES -BAGELS
REFRIGERATED SPECIALTY
BEVERAGES -WINE & BEER
Island Hotel
Oak Grilli Aqua lounge
Newpon Beach. California
• IRVINE COMPANY
5in<e lB6~-
Description
1. Reduce reception desk length
and relocate a portion of the
back-of house office.
2. Install new automatic sliding
glass doors from lobby to new
Marketplace.
3. Construct new self-service
Marketplace
Reference Plan
SheetTltle
Proposed New
Marketplace
Floor Plan
Job No.
""
1309510
Date November 27. 2013
LPA
AKhittclure
PI.Ming
IntHior Dftl9n
l~nd5c.pe ArthitfCtu~
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22
PA2014-148
RESOLUTION NO. ZA2013-006
A RESOLUTION OF THE ZONING ADMNISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2012-018 TO AMEND A PORTION OF
COMPREHENSIVE SIGN PROGRAM NO. CS2006-001 FOR
RENOVATION OF TWO EXISTING WALL SIGNS TO EXCEED
THE MAXIMUM HEIGHT AND AREA LOCATED AT 690
NEWPORT CENTER DRIVE (PA2012-174)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Irvine Company, with respect to property located at 690
Newport Center Drive, and legally described as PCL 3 of LLA 2011-001 requesting
approval of a Modification Permit to amend a portion of an existing Comprehensive Sign
Program.
2. The applicant requests a Modification Permit to amend the Comprehensive Sign
Program to allow the renovation of two existing wall signs to exceed the maximum height
and area permitted by the Zoning Code for a comprehensive sign program (more than a
20% increase in height and 30% increase in area). Each sign proposes a total combined
area of 545-square-feet including the added logo upon the Newport Center Drive and
Santa Cruz Drive building elevations.
3. The subject property is located within the Newport Center North (PC-56) Zoning District
and the General Plan Land Use Element category is Mixed-
Use Horizontal (MUH3).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 14, 2013, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and qualifies for a Class 11 (Accessory Structures)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15311, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act).
Zoning Administrator Resolution No. ZA2013-006
Page 2 of 5
Tmplt: 05/16/2012
2. Class 11 exempts construction, or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including but not
limited to on-premise signs.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood
Facts in Support of Finding:
1. The proposed project is to expand the existing wall signs which are commonly seen on
the multi-story buildings within the area.
2. The larger, taller buildings are common within the Newport Center area which have
larger wall signs to adequately identify and provide direction to the public.
Finding:
B. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use
Facts in Support of Finding:
1. Due to the location of the existing signage at the top of the Island Hotel, a high-rise
building, an increase in letter height and sign area is necessary for visibility.
Finding:
C. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code
Facts in Support of Finding:
1. The Island Hotel is located in Block 600 of Newport Center among several existing
high-rise and multi-story buildings making visibility of the site location and identification
more difficult for the general public.
Zoning Administrator Resolution No. ZA2013-006
Page 3 of 5
Tmplt: 05/16/2012
2. The increased size of the wall signs is appropriate to the scale and height of the
buildings in the area and necessary to provide adequate visibility within the office and
commercial area.
Finding:
D. There are no alternatives to the modification permit that could provide similar benefits to
the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public
Facts in Support of Finding:
1. The existing wall signs on two building façades have been at their location since the
development of the hotel site in 1991 and there has been no history of detriment to the
neighborhood.
2. Enlarging the monument signs or providing additional ground signs as an alternative
could be detrimental and adversely impact circulation and contribute to sign clutter;
while enlarging the existing wall signs provides a design solution to provide greater
visibility and identification for the hotel with less impact, and without contributing to
sign clutter on the ground.
Finding
E. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code
1. The increased size of the wall signs will provide better visual direction for the public
from the surrounding public roadways and from a greater distance.
2. The location of the wall signs on the two building facades of the existing hotel does not
affect views or impact the surrounding area since they are located on the existing
building.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves PA2012-174 for
Modification Permit No. MD2012-018 to amend a portion of Comprehensive Sign
Program No. CS2006-001, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
Zoning Administrator Resolution No. ZA2013-006
Page 4 of 5
Tmplt: 05/16/2012
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF FEBRUARY, 2013.
Zoning Administrator Resolution No. ZA2013-006
Page 5 of 5
Tmplt: 05/16/2012
EXHIBIT “A”
PLANNING
1. All proposed signs shall be in conformance with the approved amended
Comprehensive Sign Program No. CS2006-001 for the project site and provisions of
Chapter 20.42 of the Newport Beach Municipal Code.
2. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
3. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney’s fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City’s approval of the Island Hotel Sign Program including, but not limited
to, Modification Permit No. MD2012-018(PA2012-174) to amend a portion of
Comprehensive Sign Program No. CS2006-001. This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of action, suit
or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Application No.
Applicant
Site Address
Legal Description
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Lot Line Adjustment No. LA2011-001
Stantec Consulting Services Inc.
(PA2011-046)
Stantec Consulting Services Inc.
630, 650, 670 & 690 Newport Center Drive
Block 600 LLA
Parcel 1 of Parcel Map No. 92-247, in the City of Newport
Beach, County of Orange, State of California, per map filed in
Book 295, Pages 33-40, inclusive, of parcel maps, in the office
of the county recorder of said county, Parcel 4 of Parcel Map
No. 83-715, in the City of Newport Beach, County of Orange,
State of California, per map filed Book 196, Pages 13-16,
inclusive, of parcel maps, in the office of the county recorder
of said county, and Parcel 1 of Newport Beach Lot Line
Adjustment No. 94-2, in the City of Newport Beach, County of
Orange, State of California, recorded March 9, 1994 as
Instrument No. 94-017617 of official records, in said office of
the county recorder.
On May 12. 2011, the Zoning Administrator approved the following: A lot line adjustment
to allow the reorientation of three parcels of Block 600, which are located in the PC-56
(North Newport Center Planned Community) zoning district. The Zoning Administrator's
approval is based on the following findings and subject to the following conditions.
REQUIRED FINDINGS AND FACTS IN SUPPORT OF FINDINGS
A. Finding: The project has been reviewed, and it qualifies for a categorical
exemption pursuant to Section 15315 of the California Environmental Quality Act
under Class 15 (Minor Land Divisions) of the Implementing Guidelines of the
California Environmental Quality Act.
Facts in Support of Finding:
A-i. The Class 15 exemption includes the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or fewer parcels
when the division is in conformance with the General Plan and zoning, no
Jck 600 Lot Line Adjustment
May 12, 2011
Page 2
variances or exceptions are required, all services and access to the proposed
parcels to local standards are available, the parcel was not involved in a division
of a larger parcel within the previous 2 years, and the parcel does not have an
average slope greater than 20 percent. The proposed project involves a lot line
adjustment, involving three parcels in an urbanized, commercially zoned area.
The slope of the subject parcels is less than 20 percent and the properties are in
compliance with the General Plan and Zoning. Therefore, the proposed lot line
adjustment qualifies for a categorical exemption under Class 15.
B. Finding: Approval of the lot line adjustment will not, under the circumstances of the
parlicular case, be detrimental to the health, safety, peace, comforl, and general
welfare of persons residing or working in the neighborhood of such proposed use or
be detrimental or injurious to properly and improvements in the neighborhood or the
general welfare of the City, and furlher that the proposed lot line adjustment is
consistent with the legislative intent of Title 19.
Facts in Support of Finding:
B-1. The proposal is consistent with the General Plan since the lots are for regional
commercial and office development, permitted uses in this area.
B-2. The reconfiguration of the subject parcels will not result in a development pattem ,
which is inconsistent with the surrounding neighborhood.
B-3. Public improvements and infrastructure currently exist within the neighborhood;
and the lot line adjustment, in and of itself, will not result in the need for additional
improvements and/or facilities.
B-4. The proposed lot line adjustment is consistent with the purpose identified by Title
19. The subdivision is consistent with the General Plan, does not affect open
space areas in the City, does not negatively impact surrounding land owners, lot
purchasers, or residents, provides for orderly controlled growth within the City,
provides adequate traffic circulation and utilities, will not negatively affect
property values ,and preserves the public health, safety, and general welfare.
C. Finding: The number of parcels resulting from the lot line adjustment remains the
same as before the lot line adjustment.
Facts in Support of Finding:
C-1. The project site described in the proposal consists of legal building sites including
Parcel No.1 of Parcel Map No. 92-247, Parcel No.4 of Parcel Map No. 83-715,
and Parcel No. 1 of Lot Line Adjustment No. 94-2. The proposed lot line
adjustment will move the interior lot lines between three legal lots.
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Jck 600 Lot Line Adjustment
May 12, 2011
Page 3
C-2. Any land taken from one parcel will be added to the adjacent parcel and no
additional parcels will result from the lot line adjustment.
D. Finding: The lot line adjustment is consistent with applicable zoning regulations
except that nothing herein shall prohibit the approval of a lot fine adjustment as long
as none of the resultant parcels is more nonconforming as to width, depth, and area
than the parcels that existing prior to the lot line adjustment.
Facts in Support of Finding:
D-1. The proposed lot width and lot size are consistent with the zoning requirements
of Title 20 of the Newport Beach Municipal Code and the North Newport Center
Planned Community District regulations.
D-2. The parcels proposed to be created by the lot line adjustment comply with all
applicable zoning regulations and there will be no change in the land use,
density, or intensity on the property.
D-3. The future development on the proposed parcel will comply with the Zoning Code
and PC-56 (North Newport Center Planned Community) development standards.
The proposed lot line adjustment will not cause future development to impact
public views.
E. Finding: Neither the lots as adjusted nor adjoining parcels will be deprived of legal
access as a result of the lot line adjustment.
Facts in Support of Finding:
E-1. Adequate access to all of the reconfigured parcels is provided via San Joaquin
Hills Road, Newport Center Drive, Santa Cruz Drive, San Simeon Drive, and
Center Drive.
E-2. In the event the parcels are not held in common ownership, a private pedestrian
access easement will be required on Parcel 3 in order to allow for adequate
access from the west side of the proposed parking structure, located on Parcel 2.
F. Finding: That the final configuration ofthe parcels involved will not result in the loss
of direct vehicular access from an adjacent alley for any of the parcels that are
included in the lot line adjustment.
Facts in Support of Finding:
F-1. The final configuration of the parcels involved will not result in the loss of direct
vehicular access from any alley for any parcels included in the lot line
adjustment. Central Avenue is a private street and adequate access is provided
to and from this street for all parcels; there are no alleys located within or near
the subject parcels. .
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Jck 600 Lot Line Adjustment
May12,2011
Page 4
G. Finding: That the final configuration of a reoriented lot does not result in any
reduction of the street side setbacks as currently exist adjacent to a front yard of
any adjacent key, unless such reduction is accomplished through a zone change to
establish appropriate street side setbacks for the reoriented lot. The Planning
Commission and City Council in approving the zone change application shall
determine that the street side setbacks are appropriate, and are consistent and
compatible with the surrounding pattern of development and existing adjacent
setbacks.
Facts in Support of Finding:
G-1. The final configuration of the parcels does not result in a requirement for revised
setbacks. The existing default setbacks of zero feet from Center Drive and 15 feet
from Newport Center Drive, San Joaquin Hills Drive, San Simeon, and Santa Cruz
Drive continue to apply per the PC-56 (North Newport Center Planned Community)
development regulations. These default setbacks shall apply to the reconfigured
parcels in the same way that they did to the previous parcel configuration; therefore
the lot line adjustment does not result in the reduction of any existing street side
setbacks.
PROCEDURAL REQUIREMENTS
1. A covenant and agreement shall be recorded concurrently with the lot line
adjustment requiring that if either property is sold or changes ownership, the
reservation or grant of a pedestrian access easement shall be recorded across
Parcel 3 for purposes of egress from the west side of the proposed parking
structure, located on Parcel 2.
2. The lot line adjustment shall not be recorded until all existing structures across the
proposed property lines have been demolished.
3. All applicable Public Works Department plan check fees shall be paid prior to
review of the lot line adjustment and grant deeds.
4. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in
titles of ownership should be submitted to the Public Works Department for review
and approval.
5. The lot line adjustment and grant deeds reviewed and approved by the Public
Works Department should be filed concurrently with the County Recorder and
County Assessor's Offices.
6. No building permits may be issued until the appeal period has expired, unless
otherwise approved by the Planning Department.
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ock 600 Lot Line Adjustment
May 12, 2011
Page 5
7. This approval shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.93.055 of the Newport Beach Municipal Code.
8. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
the Block 600 Lot Line Adjustment including, but not limited to, Lot Line
Adjustment No. LA2011-001 (PA2011-046). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD
Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment
applications do not become effective until 10 days following the date of action, during
which time an appeal may be filed with the Planning Commission Secretary in accordance
with the provisions of the Newport Beach Municipal Code. For additional information on
filing an appeal, contact the Planning Division at 949 644-3200.
BY:~~~
Jale Murillo, Zoning Administrator
JM/mkn
Attachments: Vicinity Map
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850
700
,
4 , ,
3
5
~Iock 600 Lot Line Adjustment
May 12, 2011
Page 6
VICINITY MAP
11 3
680
660
4
2
5
7
2
4
12
,>
20
22
800 W*' 6'0
199 600 ,
60'
Oi!li#i 257ft
Lot Line Adjustment No. LA2011-001
PA2011-046
610
630,650,670 & 690 Newport Center Drive
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July 21,2004
CITY . '. NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644·3200: FAX (949) 644·3229
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
Parcel Map No. NP2004-020
(County TPM No. 2004-118)
(PA20 04-128)
Staff Person: Javier S, Garcia. 644-3206
Appeal Period: 14 days after approval date
Application No: Parcel Map No. NP2004-020 (PA2004-128)
(County TPM No. 2004-118)
Applicant:
Address of
Property Involved:
legal Description:
Request as Approved:
The Irvine Company
690 Newport Center Drive
Parcel 1 of NBllA 94-02
A Tentative Parcel Map for the subdivision of an existing parcel of land into three parcels
of land for Administrative, Professional and Financial Commercial use and Hotel u:;;e , The
existing parcel of land was created by Newport Beach Lot Line Adjustment No. 94-02. No
exceptions to the Title 19 development regulations are proposed with this application,
The property is located in the APF District.
On July 21. 2004, the Modifications Committee voted 3 ayes and 0 noes to approve the
application request as modified based on the following findings and subject to the
following conditions.
FINDINGS:
The Modifications Committee determined in this case that the proposal would not be
detrimental to persons, property or improvements in the neighborhood. Furthermore, the
approved parcel map would be consistent with the legislative intent of Titles 19 and 20 of
the Newport Beach Municipal Code based on the following findings:
1, The design of the subdivision will not conflict with any easemen ts acquired by
the public-at-Iarge for access through or use of the property within the proposed
subdivision.
2. Public improvements may be required of a developer per Section 19.28.010 of
the Municipal Code and Section 66411 of the Subdivision Map Act.
July 21, 2004
Page 2
3. 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 Alterations in Land Use Limitations) and Class
15 (Minor Land Divisions).
4. The proposed parcel map presents no problems from a planning standpoint
because the proposed lot configuration meets the development standards for the
APF zone.
5. The map meets the requirements of Title 19 of the Newport Beach Municipal
Code, all ordinances of the City, and all applicable general or specific plans. The
Modifications Committee is satisfied with the plan of subdivision.
CONDITIONS:
1. A parcel map shall be recorded prior to occupancy. The parcel map shall be
prepared on the California coordinate system (NAD83). Prior to recordation of
the parcel map, the surveyor/engineer preparing the map shall submit to the
County Surveyor a digital-graphic file of said map in a manner described in
Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the
Orange County Subdivision Manual, Subarticle 18. Upon recording of the parcel
map, the surveyor or engineer shall forward a Mylar copy and 3 bond copies to
The Public Works Department.
2. Prior to recordation of the parcel map, the surveyor/engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established
by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337
of the Orange County Subdivision Code and the Orange County Subdivision
Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on
each lot corner, unless otherwise approved by the Subdivision Engineer.
Monuments shall be protected in place if installed prior to completion of the
construction project.
3. The word "vesting" shall be removed from the title of the Tentative Map.
4. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
5. Prior to recordation of the parcel map, all applicable Public Works Department
plan check fees and inspection fees shall be paid.
6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, additional street trees shall be
provided and existing street trees shall be protected in place during construction
of the subject project, unless otherwise approved by the General Services
Department and the Public Works Department through an encroachment permit
or agreement (if required).
July 21, 2004
Page 3
7. Upon parcel map recordation, no buildings and/or structures shall cross any of
the subd ivided parcel boundaries.
8. The on-site drainage system for each of the subdivided parcels shall not cross
any of the subdivided parcel boundaries. In addition, each of the on-site systems
shall comply with the City's on-site non-storm runoff retention requirements.
9. Upon parcel map recordation, each parcel shall be served by its individual
drainage, water, and sewer systems. However, upon substantiating
documentation that the individualization of the existing utilities is not practical or
financially feasible, utility easements shall be recorded as a part of the parcel
map.
10. New concrete sidewalk, curb and gutter, curb access ramps, and street
pavement may be required by the Public Works Department. Said determination
shall be made at the discretion of the Public Works Inspector.
11. Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
record a parcel map or obtain a building permit prior to completion of the public
improvements.
12. Prior to recordation of the parcel map, the applicant shall submit copies of the
current off-site parking agreement that relate to the parking requirements
established for The Four Seasons hotel. The Planning Department shall review
the documents and Site Plan Review No. 32 (including its amendments) to
determine adequacy and applicability to the newly configured parcels. If it is
determined that documents must be revised or amended, the recordation of the
parcel map shall not be released until the revised or amended documents are
first approved by the Planning Director, Planning Commission or City Council, as
necessary.
13. All work conducted within the public right-of-way shall be approved under an
encroachment permit issued by the Public Works Department.
14. County Sanitation District fees shall be paid prior to issuance of any building
permits, if required by the Public Works Department or the Building Department.
15. Disruption caused by construction work along roadways and by movement of
construction vehicles, shall be minimized by proper use of traffic control
equipment and flagmen. Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and local requirements.
16. This parcel map shall expire if the map has not been recorded within 3 years of
the date of approval, unless an extension is granted by the Planning Director in
accordance with the provisions of Section 19.16 of the Newport Beach Municipal
Code.
July 21, 2004
Page 4
The decision of the Committee may be appealed to the Planning Commission within 14
days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of
$915.00. No building permits may be issued until the appeal period has expired.
MODIFICATIONS COMMITTEE
B~~~~iL!,-~~7~~~.d...-'~ vier S. Garcia, AICP, Senior Planner
hairperson
JSG:bsn
Attachments: Vicinity Map
Appeared
in Opposition: None
Appeared
in Support: None
F:IUSERSIPLNISharedIPA'sIPAs -2004IPA2004-128INP2004-020 appr.doc
City of Newport Beach
City Council Minutes
June 22, 1998
Without obiection, the motion
PUBLIC COMMENTS
No public comments were presented.
PUBLIC HEARINGS
30. FOUR SEASONS HOTEL (THE IRVINE COMPANY, APPLICANT), AT
690 NEWPORT CENTER DRIVE, REQUEST TO ALLOW FOR A
TOTAL MAXIMUM LIMIT OF 425 HOTEL ROOMS DESIGNATED IN
BLOCK 600 OF NEWPORT CENTER, WHEREAS THE CURRENT
LIMIT IS 325 HOTEL ROOMS; AND THE CONSTRUCTION OF AN
ADDITIONAL 142,000 SQ. FT. (LOCATED ON AN EXISTING
VACANT PARCEL THAT HAS LONG BEEN PLANNED FOR HOTEL
EXPANSION PURPOSES) WHICH INCLUDES A 102 -ROOM,
SIXTEEN STORY TOWER ADDITION WITH ADDITIONAL
ANCILLARY USES - 690 NEWPORT CENTER DRIVE (GENERAL
PLAN AMENDMENT 97 -3 (D), USE PERMIT NO. 3631,
MODIFICATION NO. 4721, AND TRAFFIC STUDY NO. 1141.
Planning Director Temple stated that the report is a planning amendment
request by The Irvine Company to allow an extension of the Four Seasons
Hotel and that this was initiated by Council in late 1997. She indicated that
staffprepared environmental documentation and traffic studies.
Carol Hoffman, The Irvine Company; stated that The Irvine Company is
pleased to bring a project of this quality to the City and noted that her team
is in attendance tonight to answer questions.
Mayor Edwards opened the public hearing.
Don Gregory stated that there was a lot of debate at the EQAC meeting as
to The Irvine Company's plans for the community. He requested getting The
Irvine Company's master plan so that Council can vote intelligently on how
their plans will impact future areas.
Jan Vandersloot concurred with Mr. Gregory, noting that there is a master
plan for the Newport Center. He believed that there is a CIOSA agreement
between The Irvine Company and City agreeing to certain development
entitlements for circulation and open space. He stated that The Irvine
Company is now coming back and asking for an increased entitlement for an
office tower to the Newport Center, specifically to the 800 block. Further,
there have been talks about removing open space at the Newport Village site
for housing. He believed that the City is increasing development and traffic,
and decreasing open space, and suggested asking them to provide affordable
senior housing.
Mayor Pro Tern O'Neil emphasized that he chairs a City ad hoc committee
that deals with the future master plan development of the Newport Center.
Volume 52 - Page 90
INDEX
Res 98 -48
Four Seasons
Hotel
GPA 97 -3D
UP 3631
45188)
City of Newport Beach
City Council Minutes
June 22, 1998
He assured everyone that public forums will be conducted to review any
traffic studies and modeling that will occur with the build -out. Regarding
the General Plan Amendment, he stated that it was his understanding that
it was not The Irvine Company's project. He agreed that Council needs to
have a handle on the build -out of the Newport /Fashion Island Center as it is
planned to be the major commercial and retail center for Newport Beach.
He expressed the opinion that The Irvine Company is conscientiously
putting together a plan that will be made public and reviewed by EQAC.
Council Member Hedges noted that the Negative Declaration and analysis
conducted under the existing Traffic Phasing Ordinance shows that there is
virtually no impact or change to enter utilization or to the parking counts
that are studied hourly. He clarified that this project has nothing to do with
the CIOSA Agreement.
Hearing no further testimony, Mayor Edwards closed the public hearing.
Motion by Mayor Pro Tern O'Neil to adopt Resolution No. 98 -48
approving General Plan Amendment 97 -3(D); and sustain the action of the
Planning Commission and approve the applications related to the General
Plan Amendment, subject to the Findings, Mitigation Measures and
Conditions as modified by the Planning Commission: The acceptance of a
Negative Declaration, Use Permit No. 3631, Modification No. 4721, and
Traffic Study No. 114.
Council Member Glover noted that the City has a general plan that lays out
the capacity of the Newport Center. She stated that she would not like to, as
a Council Member, make a determination as to the types of retail The Irvine
Company determines is fitting.
Without objection, the motion carried by acclamation.
31. J.P.'S OF NEWPORT BEACH (ERIK RAMESON, APPLICANT)
REQUEST TO ALLOW THE RE- ESTABLISHMENT OF THE EXISTING
WAREHOUSE RESTAURANT AS J.P.'S OF NEWPORT BEACH, A NEW
FULL SERVICE RESTAURANT AND ENTERTAINMENT FACILITY
AT 3450 VIA OPORTO (USE PERMIT NO. 3626).
Mayor Edwards recalled that, at the June 8 meeting, there was a request
that meetings be conducted to change parking operational characteristics.
Assistant City Manager Wood reported that she and the Planning Director
met with representatives of Via Lido Plaza on Friday and explained the
conditions of approval that were added by the Planning Commission. She
believed that the conditions offer an opportunity to improve the parking
situation and added that a comprehensive parking study will need to be
conducted for the entire area.
Motion by Council Member Hedges to modify the action of the Planning
Commission to approve Use Permit No. 3626, amending the conditions to
include the ingress and egress on Central, that a comprehensive parking
Volume 52 - Page 91
J.P.'s of
Newport
Beach
UP 3626
88)
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
SUBJECT: The Four Seasons Hotel
applicant)
690 Newport Center Drive
GPA 97 -3 (D), with
Negative Declaration
Use Permit No. 3631
Modification No. 4721
Traffic Study 114
The
the acceptance of a
Request to allow the construction of a 142,500 sq. ft. addition to an existing
hotel. The project involves the approval of a General Plan Amendment, a
Traffic and Parking Study, a Use Permit and a Modification. The General
Plan Amendment is required to increase the total maximum hotel room
limit designated in Block 600 of Newport Center. The current limit is 325
hotel rooms which will be increased to 425 rooms. A use permit is required
for the expansion of the hotel and its ancillary uses. A modification is
required for the approval of an exterior wall sign which exceeds the
allowable area permitted for wall signs in the APF District. The 142,500 sq.
ft. addition includes:
a 102 -room, sixteen story tower addition;
a 9,200 sq. ft. ballroom (600 seats);
six meeting rooms totaling 3,800 sq. ft.;
reconfiguration (demolition of existing tennis courts and a
portion of the existing health club) and expansion of the
existing health club /spa facilities (including masseuse services)
and;
a wedding garden and pool facilityfor outdoor functions.
Ms. Temple noted by way of reference, a memorandum from the Planning
Department with an attached table is intended to be substituted for the
table on handwritten page 127 of the staff report. An older version of this
table was inadvertently included in the packet for copy to the Planning
Commission. Additionally, the applicant has requested and staff concurs
with the modification of Use Permit No. 3631 Condition 5 to add,...Except
short term construction or delivery activities approved through an
Encroachment Permit.
Chairperson Kranzley and all Commissioners noted for the record that they
had met with the applicant and received personal presentations of the
project.
CommissionerGifford noted that during that process, she had received an
additional booklet that has a lot of data and asked if this should become
part of the record.
Ms. Clauson answered that if it is additional data that is not in the staff
I1
INDEX
GPA 97 -3 (D)
UP No. 3631
Modification No. 3631
TS 114
Recommended for
approval
City of Newport Beach
Planning Commission Minutes
June 4, 1998
report, then it should be.
Commissioner Adams pointed out that in one of the tables where it
discusses the number of rooms, there should be an asterisk to explain that
the number of rooms is not the number of keys.
Ms. Temple noted that this issue was a source of confusion by members of
the public as well commissioners. She explained that when staff analyzes
hotels, the maximum potential utilization is analyzed and the concept of
key or lock off nodules is used. In hotels, rooms are quite often assembled
and disassembled in to various uses and activities such as suites and
meeting rooms. The entitlement being requested in the General Plan
Amendment and the Use Permit is numbered and assigned based on the
optimal utilization of these facilities based on the smallest increment use or
the greatest number of rooms potential. The existing hotel has
authorization for 325 rooms, they actually use only 285. Were they to
optimize the physical plant to individual rooms, they could have a far
greater number. The request for an additional 100 rooms is the General
Plan entitlement in the optimal utilization, the new tower is 102 rooms. This
approach is used to make sure that the worst case is assessed for traffic
purposes and for the analysis of all the relative impacts of the proposed
project.
Ms. Clauson, having been handed the additional pamphlet referenced
by Commissioner Gifford stated that it appears to contain the same
exhibits that are on the board.
Public Comment was opened.
Carol Hoffman of The Irvine Company stated that their entire team was
present to speak to this issue if needed. They have attempted to present
a comprehensive packet of material for consideration and appreciate
time taken for review. At Commission inquiry, Ms. Hoffman noted that the
employees park in structures in Block 600 if they do not come by public
transportation.
Bernie Rome, President of Big Canyon Community Association spoke on
behalf of this application noting that the applicant gave a briefing to the
affected residents that live across San Joaquin Hills Road. He commented
that approximately 75% of the cars egressing from the complex will be
going north, either on MacArthur or Jamboree. He asked that the green lit
sign indicating San Joaquin Hills Road be replaced. This would alleviate
the cars that inadvertently come into Big Canyon having to turn around,
since this is a private community. Continuing, he noted that in reality,
there should be a 'Not a Through Street', to make it clear to drivers that
there should be either a right or left turn on to San Joaquin Hills Rd.
12
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
Barry Eaton, 727 Ellis Street, Eastbluff spoke in favor of this application
stating that this project is not overloading traffic in any intersection plus
noting the positive economic viability of the project.
Public Comment was closed.
Motion was made by Commissioner Ridgeway to recommend to the City
Council approval of:
GPA 97 -3 (D), with the acceptance of a Negative Declaration
Use Permit No. 3631
Modification No. 4721
Traffic Study 114
and include a recommendation to staff to add a "Not a Through Street'
sign as a possibility to be located on San Joaquin Hills Road.
Without objection and by show of hands, Motion Carried.
Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley
Noes: None
Absent:
A. General Plan Amendment No. 97 -3 (DI: Adopt Resolution No. 1467
Attached) recommending to the City Council the adoption of
General Plan Amendment No. 97 -3(D).
Environmental Document:
Findings:
1. An Initial Study and Mitigated Negative Declaration have been
prepared in compliance with the Environmental Quality Act
CEQA), the State CEQA Guidelines, and Council Policy K -3.
2. On the basis of the analysis set forth in the Initial Study and
Mitigated Negative Declaration, including the mitigation measures
listed, the proposed project does not have the potential to
significantlydegrade the quality of the environment.
3. There are no long -term environmental goals that would be
compromised by the project
4. No cumulative impacts are anticipated in connection with this or
other projects.
S. There are no known substantial adverse affects on human beings
that would be caused by the proposed project.
13
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
6. The contents of the environmental document have been
considered in the various decisions on this project.
Mitiaation Measures:
1. Prior to commencing grading activities, the applicant shall consult
with the City of Irvine and City of Newport Beach regarding the
exportation of earthwork to a disposal site located in Irvine. The
applicant shall consult with the City of Irvine so that a mutually
acceptable agreement is developed regarding the haul route
and truck hauling operations. Evidence of said agreement shall
be submitted to the City of Newport Beach prior to commencing
site grading activities.
2. During construction activities, the project will comply with the
erosion and siltation control measures of the City's grading
ordinance and all applicable local and State building codes and
seismic design guidelines, including the City Excavation and
Grading Code (NBMC Section 15.04 or applicable sections).
3. Prior to the issuance of a grading permit, the applicant shall submit
a comprehensive geotechnical investigation to the Planning and
Building Departmentfor review and approval.
4. The project shall conform to the requirements of the National
Pollution Discharge Elimination System (NPDES) and shall be subject
to the approval of the Public Works Department to determine
compliance.
5. The project design shall include adequate hood equipment with
smoke and odor control capabilities to serve the facility.
Additionally, the hood system shall include a charcoal filtering
system for the control of odors and a grease collection system for
the capture /removal of grease accumulation. The hood system
shall be subject to review and approval by the Building
Department and the Planning Director.
6. During construction activities, the applicant shall ensure that the
following measures are complied with to reduce short-term
construction) air quality impacts associated with the project: a)
controlling fugitive dust by regular watering, or other dust palliative
measures to meet South Coast Air Quality Management District
SCAQMD) Rule 403; b) maintaining equipment engines in proper
tune; and c) phasing and scheduling construction activities to
minimize project - related emissions.
14
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
7. During construction activities, the applicant shall ensure that the
project will comply with SCAQMD Rule 402, to reduce nuisance
due to odors from construction activities
8. The applicant shall ensure that the project will comply with the
provisions of the City of Newport Beach General Plan Noise
Element and the Municipal Code pertaining to noise restrictions.
During construction activities, the hours of construction and
excavation work are allowed from 7:00 a.m. to 6:30 p.m. on
weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any
time on Sundays and holidays.
9. Prior to the commencement of grading activities, the applicant
shall coordinate with utility and service organizations regarding
any construction activities to ensure existing facilities are protected
and any necessary expansion or relocation of facilities are
planned and scheduled in consultation with the appropriate
public agencies.
10. The project shall be designed to eliminate light and glare onto
adjacent properties or uses. The plans shall be prepared and
signed by a licensed Electrical Engineer acceptable to the City.
Prior to the issuance of any building permit the applicant shall
provide to the Planning Department, in conjunction with the
lighting system plan, lighting fixture product types and technical
specifications, including photometric information, to determine the
extent of light spillage or glare which can be anticipated. This
information shall be made a part of the building set of plans for
issuance of the building permit. That prior to issuance of the
certificate of occupancy or final of building permits, the applicant
shall schedule an evening inspection by the Code Enforcement
Division to confirm control of light and glare specified by this
condition of approval.
H. Prior to issuance of a grading permit, the applicant shall
demonstrate to the Planning Department that the project will
comply with Council Policies regarding archaeological and
paleontological resource investigation, surveillance and recovery.
12. A qualified archeologist shall be present during grading activities
to inspect the underlying soil for cultural resources. If significant
cultural resources are uncovered, the archeologist shall have the
authority to stop or temporarily divert construction activities for a
period of 48 hours to assess the significance of the find.
C. Use Permit No. 3631
15
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
Findings:
The Land Use Element of the General Plan designate the site for
Administrative, Professional & Financial Commercial" uses and a
hotel is a permitted use within this designation.
2. That the proposed development will not have any significant
environmental impact, based on information presented and
incorporated into the Negative Declaration.
3. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through
or use of property within the proposed development.
4. That public improvements may be required of a developer per
Section 20.91.040 of the Municipal Code.
5. That approval of Use Permit No. 3631 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 and further that the proposed modification
related to the proposed signing is consistent with the legislative
intent of Title 20 of this Code for the following reasons:
The hotel use is compatible with the surrounding
professional office and retail commercial uses in the area
since hotel uses are typically a support use.
The addition is an extension of the existing hotel operation
which is compatible with the character of the
neighborhood since the surrounding buildings are mid and
high -rise structures consisting of office and retail uses.
The project will not result in a significant effect on the
environment.
The proposed development fully conforms to the
established development standards of Chapter 20 of the
Municipal Code.
There is adequate parking available for the addition.
There are no significant aesthetic impacts.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted
16
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
below.
2. Intersections of private drive at Center Drive shall be designed to
provide sight distance for a speed of 30 miles per hour. Slopes,
landscape, walls and other obstruction shall be considered in the
sight distance requirements. Landscaping within the sight line
shall not exceed twenty -four inches in height.
3. The existing crosswalk connecting the 630 Newport Center Drive
parking structure to the sidewalk adjacent to the project shall be
maintained unless otherwise approved by the City Traffic
Engineer.
4. Asphalt or concrete access roads shall be provided to all public
utilities, vaults, manholes, and junction structure locations, with
width to be approved by the Public Works Department.
5. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements. A traffic control
plan shall be reviewed and approved by the Public Works
Department. There shall be no construction storage or delivery of
materials within the Newport Center Drive right -of -way, except
short term construction or delivery activities approved through an
EncroachmentPermif.
6. That a valet operations plan shall be reviewed and approved by
the City Traffic Engineer.
4. That all trash areas shall be screened from adjoining properties and
streets.
5. The approval of Use Permit No. 3631 is subject to final City Council
approval of GPA 97 -3 (D).
6. That the Planning Commission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the
operation which is the subject of this Use Permit, causes injury, or is
detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
7. That this Use Permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
17
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
Standard Requirements:
That the project shall comply with State Disabled Access
requirements.
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
3. Arrangements shall be made with the Public Works Department
in order to guarantee satisfactory completion of any required
public improvements, if it is desired to obtain a grading or
building permit prior to completion of the public improvements.
4. Public easements and utilities crossing the site shall be shown of
the grading and building site plans.
5. Prior to issuance of any grading or building permits for the site,
the applicant shall demonstrate to the satisfaction of the Public
Works Department and the Planning Department that adequate
sewer facilities will be available for the project. Such
demonstration shall include verification from the Orange County
Sanitation District and the City's Utilities Department.
6. Any Edison transformer serving the site shall be located outside
the sight distance planes as described in City Standard 1 14L.
That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the City Traffic
Engineer
D. Modification No. 4721
Findings:
That the Land Use Element of the General Plan designates the site
as APF and the proposed wall sign is consistent with this
designation and is ancillary to the primary permitted use.
The modification to the Zoning Code, as proposed will not be
detrimental to persons, property or improvements in the
neighborhood for the following reasons:
The proposed wall sign will not obstruct view from
adjoining properties since it is a flush mounted wall sign.
18
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
The internally illuminated sign will be located on the
uppermost portion of the building, and will not emit glare
or light spillage onto other properties.
3. The modification to the Zoning Code as proposed is consistentwith
the legislative intent of Title 20 of the Municipal Code for the
following reasons:
The size of the wall sign is of a scale consistentwith the size
of the proposed tower structure.
The wall sign does not comprise more than 40% of the
exposed finished wall surface area, including openings of
the elevation on which it is to be located.
Conditions:
1. The sign developmentshall be in substantial conformancewith the
approved site plan, floor plan and elevation, except as noted
below.
2. The wall sign (including logo) shall not exceed a total combined
area of 306 sq. ft. when a rectangle is drawn around the sign and
logo.
3. All other signage shall conform to the Zoning Code requirements
unless otherwise approved by the Modification Committee or
Planning Commission.
4. The illuminated wall sign shall not blink or flash or contain any type
of animation.
5. The approval of this Modification shall be subject to final City
Council approval of GPA 97 -3(D).
6. This Modification shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.93.055A of the
Newport Beach Municipal Code.
E. Traffic Study 114
Findings:
1. That a Traffic Study has been prepared which analyzes the impact
19
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
of the proposed project on the peak -hour traffic and circulation
system in accordance with Chapter 15.40 of the Newport Beach
Municipal Code and City Policy K -3.
2. That the Traffic Study has been reviewed by the City Traffic
Engineer and found in compliance with the Traffic Phasing
Ordinance.
3. That the Traffic Study indicates that the project - generated traffic
will neither cause nor make worse an unsatisfactory level of traffic
on any 'major,' 'primary- modified; or 'primary' street at any of the
ten intersections selected for evaluation by City staff and based on
the characteristicsof the proposed development.
4. That the Traffic Study indicates that the project - generated traffic
will not be greater than one percent of the existing traffic during
the 2.5 hour peak period on eight of the ten study intersections
and that the ICU analysis for two of the ten intersections indicates
an acceptable ICU value of less than 0.90.
SUBJECT: Minor Amendments to the Zoning Code
A 874
A resolution of intent to revise Title 20 of the Municipal Code to make
several minor revisions to the Zoning Code. These revisions relate to the
definition of terms, land use classifications, land use regulations,
nonconforming structures, the regulation of signs, public notification
requirements, appeal and call for review procedures, and the removal
of obsolete, redundant, and conflicting language.
Ms. Temple noted that this is an initiation of an amendment, the action is
neither recommending approval nor holding a public hearing. Staff
requests that Commission identify any issues, problems or concerns of this
extensive list. A supplemental staff report was distributed addressing
building bulk.
Chairperson Kranzley suggested that Commission address this agenda
item like the consent calendar. If there are items that Commission wishes
to pull off they can be discussed, otherwise, move the whole report
forwardl.
Deliberation continued on this item with the outcome of an initiation to be
recommended with explanation relating to the definition of terms, land
use classifications, land use regulations, nonconforming structures, the
20
INDEX
Item No. 3
Intent to Amend the
Zoning Code - A874
Approved
MINUTES
October 18, 1979
w i Gtv of Newr)ort Beach
lvelopment. He expressed their feeling that the
granting of this Modification would allow the
homebuilder more flexibility in the design of
his residence than would occur if these lots ob-
served 5' setbacks, as allowed by the zoning in
all cases. In conclusion, he added that the
homeowners' rules for this °tract would prohibit
people from parking their cars in_ an unsightly
manner,. or in the apron of the driveway. He adde
that they could comply by seeking a variance with
in the C. C. & R.'s to bring the building envelop
iup -to the 5' setback, but that they felt it would
bean inferior solution to providing automatic
garage door openers, and that practically speak-
ing, it is very difficult to amend the C. C. & R.
because of the custom lot declarations which are
in accordance with the State Office of Real Es-
tate.
Motion K Motion was made. that the Planning Commission make
the findings as recorded in Exhib.it "A" of the
Staff Report and deny Modification No. 2457.
Motion x Amendment to the Motion was made that a third
finding be added to read,. "The denial in no way
limits the size of structures which may be built
upon the property under the City's Planned Com-
munity zoning."
Commissioner.Allen accepted Commissioner Beek's
amendment to be incorporated into her motion.
Mr. Dmohowski explained that this might mean that
a number of the lots might be rendered unbuild-
able or be substantially degraded as to the amoun
of square footage that would be allowed.
Ayes x x Yx Motion was then voted on, which MOTION CARRIED.
Noes
Absent
Request to establis.h an offstreet parking l.ot on Item #3
a temporary basis in Block 600 of Newport Center
in the C -0 -H District, and the acceptance of.an USE PER -
IEnvironmental Document. MIT NO.
1919
LOCATION: A portion of Lot 22, Tract No,.
6015, located at 670 Newport Cen- APPROVED
CONDI- ter Drive, easterly of Santa Cruz
TToNALLY
3-
Motion
Ayes
Absent
0
x
aimmW
ZONE:
October 18, 1979
M
MINUTES
INDEX
Drive and northerly of Newport
Center.Drive in Block 600 of New -
port Center.
C -O -H
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as Applicant
The Public Hearing was opened regarding this item
and Dave Dmohowski, The Irvine Company, appeared
before the Planning Commission and stated their
concurrence with the conditions as set forth in
jthe Staff Report.
Motion was made that the Planning Commission make
the findings as recorded.in.Exhibit "A" of the
Staff Report and approve Use Permit 1919, subject
to the conditions as set forth in Exhibit "A" of
the Staff Report, with.an added Condition No. 13
to read, "That there be weekly vacuum sweeping of
the parking lot."
Request to create two parcels of land for residen Item #4
tial development where one lot now exists, and th
acceptance'of an Environmental Document. RESUBOI-
VISION
LOCATION: Lot 15, Tract No. 1237, located at _077T2
483 and 485 Morning Canyon Road,
on the easterly side of Morni.ng APPROVED
Canyon Road, between Seaward Road
and East Coast Highway in Corona
Highlands.
ZONE: R -2 -B
APPLICANT: Harold B. Zook, Corona del Mar
OWNER: Same as Applicant
ENGINEER: Same as Applicant
4-
M
COMMISSIONERS MINUTES
City of Newport BeachF
vC0'F
2
2
September 7, 1978
ROLL CALL
the period of the existence of the Use
Permit with approval of the Community
Development Director.
Request to permit the temporary use of a modular
building for a Pacific Federal Savings and Loan
branch facility in Newport Center, and the accel
tance of an environmental document.
Location: Lot 22, Tract No. 6015, located
690 Newport Center Drive, on the
northeasterly corner of Newport
Center Drive and Santa Cruz Drivi
in Newport Center.
Zone:. C -O -H
Applicant: Pacific Federal Savings and Loan
Association, Hollywood
Owner: The Irvine Company, Newport Beacl
Public hearing was opened in. connection with th
item and Louis Loterett appeared before.the
Planning Commission on behalf of the Applicant
and concurred with the conditions of approval s
forth-in the staff report.
There being no others desiring to appear and be
heard, the public hearing was closed,
Motion X Motion was made that Planning Commission make t
Ayes X X X X following findings:
Noes X X
Absent X 1. That the proposed use is consistent with.
the Land Use Element of the General Plan.
The temporary use of the proposed modular
building will also be compatible with
surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that t
do not contemplate any problems.,
13-
INDEX
Item #5 .
USE PERMIT
APPROVED
ZFNUr---
i t MUM,
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COMMISSIONERS MINUTES
9 ; City of Newport Beach
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yon
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September 7, 1978
ROLL CALL INDEX
4. The approval of Use Permit No. 1884 will
not, under the circumstances of this case
be detrimental to the health, safety, peace,
morals, comfort and general welfare of.
persons.residing and working in the neigh-
borhood or be detrimental or injurious to
property or improvements in the neighborhood
or the general welfare of the City.
and. approve Use Permit No. 1884, subject to the
following conditions of approval:
1. That development shall be in substantial
conformance with the approved plot plan,
floor pl.an and elevations, except as noted
in Condition. No. 2.
2. That vehicular access to the project site
shall be taken from Center Drive, a private
street, or from an approved access driveway
located on Newport Center Drive.
3. That the proposed offstreet parking lot and
related access drive shall be paved with.
asphalt, plant mix, concrete, or other
street surfacing material of a permanent
nature.
4. That all signs shall conform to Chapter 20.06
of the Newport Beach Municipal Code.
However, convenience signs such as "entrance"
exit ", or other.directional signs shall
have a maximum area of 6 sq. ft. per face.
Said convenience signs shall not include the
name or logo of the savings and loan use.
5. This permit shall extend for a period of
three years, and any extension shall be
subject to the approval of the Modifications
Committee.
6. At such time as the use of the temporary,
building ceases, the building shall be
removed from the site. Said building shall
not be sold or leased on the property.in
question.
Commissioner Beek opposed the motion as he felt
that the proposal would increase the City's
congestion problems.
14-
OPERATOR LICENSE APPROVAL LETTER
POLICE DEPARTMENT
870 SANTA BARBARA DRIVE
NEWPORT BEACH, CA 92660
(949) 644-3681 FAX (949) 644-3794
www.nbpd.org
April 22, 2015
Rick A. Blake & Associates
Attn: Michael Ayaz
2107 N. Broadway #106
Santa Ana, CA 92706
mike@rablake.com
VIA EMAIL
Application No. Operator License No. OL2015-002 (PA2015-008)
Owner/Applicant The Irvine Company
Location/Business Name Aqua Lounge Operator License
Site Address 690 Newport Center Drive
LEGAL DESCRIPTION Parcel 3 of Lot Line Adjustment No. 2011-001, in the
City of Newport Beach, County of Orange, State of
California, recorded January 31, 2012, as Instrument
No. 20120000574252 of Official Records, in said office
of the County Recorder.
On April 22. 2015, the Chief of Police approved the following: An operator license to allow
The Irvine Company to operate an existing lounge, Aqua Lounge, within the Island Hotel.
The lounge operates with late hours , a Type 47 (On Sale General) ABC alcohol license,
live entertainment in the form of a disc jockey, and outdoor patio areas. The Operator
License is required due to modifications to the lounge· that increased the allowed
maximum occupant capacity. In accordance with Staff Approval No. SA2014-021
(PA2014-148), the lounge modifications are in substantial conformance with Use Permit
No . UP3631.
REQUIRED FINDINGS
The Chief of Police has made the following findings as required by NBMC 5.25.050
(Issuance of License-Criteria and Findings):
Finding:
1. The business or enterprise is located in a zone permitting the proposed use under
Title 20 of the NBMe, and is subject to such use permits as may be required.
Facts in Support of Finding:
Aqua Lounge Operator License
April 22, 2015
Page 2
1. Use Permit No. 3631 was approved by the Planning Commission on June 22,
1998. Under this approval , up to 425 rooms were permitted for the hotel and its
ancillary uses including a ballroom, meeting rooms , health club/spa, a wedding
garden, and pool. At this time, the existing hotel included a 5,449-square-foot
restaurant, lounge-bar, and a 200-square-foot pool bar.
2. Tenant improvements to the existing hotel lounge were approved in 2014.
However, an operator license is required due to the resulting increase in occupancy
from 223 to 254 persons within the lounge. Additionally, two outdoor patio areas
have been added to the hotel lounge operation further increasing the occupancy.
Finding:
2. In the case of a business or enterprise offering "Entertainment," as defined, the
premises meets all of the criteria in Chapter 5.28.040.8.2-7.
Facts in Support of Finding:
1. A manager will be present on-site at all times when entertainment is performed at
the establishment. Entertainment is provided in the form of a single violinist in the
daytime or a disc jockey from 9:00 p.m. to 1 :00 a.m. on Thursday, Friday and
Saturday evenings.
2. Security personnel (a minimum of 1 per 50 persons) will be present when live
entertainment in the form of a disc jockey or other amplified music is provided. The
need for security personnel has been reviewed by the Police Department and is
waived during other operating hours.
3. The establishment complies with the additional regulations per Section
5.28.041 (Additional Regulations) of the Municipal Code .
4. Sufficient sound attenuation is provided within the establishment to minimize noise
impacts to other hotel guests within the Island Hotel.
5. Signage for the establishment complies with the provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
6. The entire interior portion of the viewing area where entertainment will occur is
open and visible from aisles and public areas within the lounge.
Finding :
3. The proposed site plan and improvements are consistent with the use and the plan
of operations.
Facts in Support of Finding:
Aqua Lounge Operator License
April 22 , 2015
Page 3
1. A lounge has operated in this location since 1983. The hotel has operated with
ancillary eating and drinking establishments in the past and demonstrated the
location's capability of operating as a compatible use with other land uses in the
vicinity.
2 The lounge floor plan accommodates 371 people and 177 seats including the
outdoor patio areas. The Aqua Lounge includes an indoor lounge and adjacent
patio that provides 130 seats and a 254 person occupant capacity. The nearby
deck and fire pit includes 47 seats and a 117 person occupant capacity.
3 The plans are consistent with the occupancy limits identified on the tenant
improvement plans under Plan Check No. 2422 -2013.
Finding:
4. The plan of operations as proposed, with attached conditions in place, is adequate
in light of the neighborhood in which the operation is located and supports the
public health, safety, and welfare of the community.
Facts in Support of Finding:
1. Security personnel at the entrance will be responsible for regulating the loitering ,
noise, elicit activity, and other objectionable conditions that may occur outside of
the lounge. A detailed security plan has been prepared where one security host will
be provided for every 50 guests during times in which live entertainment in the form
of a disc jockey or other amplified music is provided. A map of security posts is
provided as part of the security plan . Security personnel will re-Iocate towards the
valet areas at the end of the evening to supervise and patrol valet drop-off area and
control loitering, noise, elicit activity, and other objectionable conditions that may
occur on the property.
3. The operator license has been conditioned to require that security personnel with
barriers be posted at the entrances to the exterior patio areas to track hotel guests
and lounge patrons entering and exiting the premises in order to maintain
maximum occupancy limits .
4. The business will be required to comply with the hours of operation as specified in
the conditions of approval for the operator license.
5. The operator license has been conditioned to require the applicant to work diligently
with the City if any parking or circulation issues occur on-site.
CONDITIONS OF APPROVAL
Aqua Lounge Operator License
April 22, 2015
Page 4
In no case shall the conditions be inconsistent with , or less restrictive than, those
required by any applicable use permit. The following operational conditions are
reiterated from the Use Permit and the applicant shall comply with the conditions of
approval of Use Permit No. UP3631:
1. That development shall be in substantial conformance with the approved site
plan, floor plan, and elevations, except as noted below. (UP3631, Condition No.
1)
2. That a valet operations plan shall be reviewed and approved by the City Traffic
Engineer. (UP3631, Condition No.6)
3. That all trash areas shall be screened from adjoining properties and streets.
(UP3631 , Condition No.7)
4. That the Planning Commission may add to or modify conditions of approval to
this Use Permit or recommend to the City Council the revocation of this Use
Permit, upon a determination that the operation which is the subject of this Use
permit, causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community. (UP3631 , Condition No.9)
5. That the project shall comply with State Disabled Access requirements. (UP3631 ,
Standard Requirement No.1)
6. That all improvements be constructed as required by Ordinance and the Public
Works Department. (UP3631 , Standard Requirement No.2)
7. That the on-site parking , vehicular circulation and pedestrian circulation systems
be subject to further review by the City Traffic Engineer. (UP3631 , Standard
Requirement No.7)
The Chief of Police has attached additional conditions and requirements to the license.
In no case shall the conditions be inconsistent with, or less restrictive than, those
required by any applicable use permit.
1. The development shall be in sUbstantial conformance with the approved site plan ,
floor plans and building elevations stamped and dated with the date of this
approval. (Except as modified by applicable conditions of approvaL)
2. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control (ABC) shall be a Type 47 (On Sale General) in
conjunction with the service of food.
Aqua Lounge Operator License
April 22, 2015
Page 5
3. The alcoholic beverage sales for the purpose of on-site consumption shall be
limited to the designated areas indicated on the floor plan submitted with the
application.
4. The hours of operation for the Aqua Lounge shall be limited from 6:00 a.m. through
1 :00 a.m., daily. Last call for alcohol shall not occur after 12:30 a.m., daily.
5. A manager will be present on-site at all times when entertainment is performed at
the establishment. Live entertainment in the form of a disc jockey or other amplified
music shall be limited from 9:00 p.m . to 1 :00 a.m., Thursdays , Fridays, and
Saturdays. A single violinist or other non-amplified single-instrument musician shall
be permitted during other operating hours within the lounge area.
6. Strict adherence to maximum occupancy limits is required : 254 person occupant
capacity within the indoor lounge and adjacent patio, and an additional 117
person occupant capacity in the nearby deck and fire pit. Security personnel with
barriers shall be posted at the entrances to the exterior patio areas to track hotel
guests and lounge patrons entering and exiting the premises in order to maintain
maximum occupancy limits.
7. The applicant shall provide licensed security personnel. Prior to implementation of
this Operator's License, a comprehensive security plan for the permitted uses was
submitted to the Newport Beach Police Department for review and approval. Any
changes to the comprehensive secu rity plan shall first be subject to the review and
approval of the Newport Beach Police Department. The procedures included in the
plan and any recommendations made by the Police Department shall be
implemented and adhered to for the life of the Operator's License.
8. Food service from the regular menu must be available to patrons up to thirty (30)
minutes before the scheduled closing time .
9. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
10. No reduced price alcoholic beverage promotion shall be allowed except when
offered in conjunction with food ordered from the full service menu . There shall
be no reduced price alcoholic beverage promotion after 9:00 p.m . or anytime in
conjunction with live entertainment in the form of a disc jockey or other amplified
music.
11 . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food during the same period. The license shall at all times maintain records,
which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less
frequently than on a quarterly basis and shall be made available to the Police
Department on demand.
Aqua Lounge Operator License
April 22 , 2015
Page 6
12. Patrons of the Aqua Lounge are not permitted to remove alcohol from the Aqua
Lounge area as shown in the attached security plans. Such prohibition would be
mandated during the operation of the Aqua Lounge (Thursday, Friday, and
Saturday) between the hours of 9:00 p.m. to 1 :00 a.m .
13 . There shall be no exterior advertising or signs of any kind or type including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition .
14. There shall be no on-site radio , television , video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include
the service of alcoholic beverages , without first obtaining an approved special
event permit issued by the City of Newport Beach.
15. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the alcoholic beverage outlet and adjacent properties during
business hours.
16. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the
premises.
17. All owners, managers, and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods
and skills for serving and selling alcoholic beverages.
18. For future licensees, operators or assignees, a new Operator License shall be
required. Should the Alcoholic Beverage Control (ABC) license be transferred,
any future license holders, operators or assignees shall be notified of the
conditions of this approval by either the current licensee, business operator, or
the leasing company.
19. The business shall comply with Title 20 (Zoning Code) and any other applicable
provisions of the Newport Beach Municipal Code.
20. In accordance with Section 5.28 .080 (Revocation, Suspension , or Modification of
License for Cause), this Operator License may be modified or revoked by the
Chief of Police should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
Aqua Lounge Operator License
April 22, 2015
Page 7
21 . Operator License No. OL2015-002 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits &
Extensions) of the Newport Beach Municipal Code (NBMC), unless an extension is
otherwise granted .
22 . To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Aqua Lounge at the Island Hotel including, but not limited to, the Operator License
No. OL2015-002 (PA2015-008) and Use Permit No. UP3631 . This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs
of suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action , suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attomeys' fees , and damages, which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant
to the indemnification requirements prescribed in this condition.
OPERATOR LICENSE NONTRANSFERABLE
No operator license issued pursuant to this chapter shall be sold, transferred, or assigned
by any license holder, or by operation of law, to any other person, group , partnership,
corporation or any other entity, and any such sale, transfer or assignment, or attempted
sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such
license, and such license shall be, thereafter, null and void . A license held by an
individual in a corporation or partnership is subject to the same rules of transferability as
contained above. License shall be valid only for the exact location specified in the license.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including
the applicant and posted on the subject property at least 21 days prior to the decision
date, consistent with the provisions of the Municipal Code.
APPEAL PERIOD
The determination of the Chief of Police to deny or to place conditions upon the approval
of an operator license shall be appealable by the applicant or any interested party. Such
appeal shall be made in writing to the City Manager, within fifteen (15) days of the
Aqua Lounge Operator License
April 22, 2015
Page 8
postmark date of the Chief of Police's notice of decision. For additional information on
filing an appeal, contact the Planning Department at (949) 644-3200.
REVOCATION, SUSPENSION OR MODIFICATION OF LICENSE FOR CAUSE
The Chief of Police may commence a process to revoke, suspend or modify an operator
license issued under the provisions of this chapter should there be reasonable suspicion
of any of the following:
A. The licensee has ceased to meet the requirements for issuance of license;
B. The applicant gave materially false, fraudulent or misleading information within the
application ;
C. Impacts emanating from the establishment for which the license was issued has
substantially interfered with the peace and quiet of the neighborhood;
D. The licensed business or activity has operated in violation of any of the requirements
of this chapter, the license as issued , or any condition thereof. The Chief of Police
shall notify the operator of the commencement of such revocation , suspension or
modification process and shall conduct an investigation to determine if, and to what
degree, one or more of the foregoing has occurred. Upon completion of the
investigation, the Chief of Police may add, delete or modify the license conditions.
The Chief of Police shall notify the applicant regarding the determination of the
operator license, on the outcome of the investigation, and the action taken . The
applicant or any interested party may appeal a determination or an added or modified
By:
~~al 10 C'~ Maoag" '0 the maooe, ,el forth '0 Sectioo 5.25.05O(C)
J~
CHIEF OF POLICE
Attachments:
PD 1 Planning Commission Resolution approving Use Permit No. 3631
PD 2 Project Description and Narrative Justification
PD 3 Security Plan
PD 4 Project Plans
cc:
Irvine Company
Attn: John A. Doane
550 Newport Center Drive
Newport Beach, CA 92660
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
APPLICATION:
Staff Approval No. SA2014-021 (PA2014-148)
APPLICANT: The Irvine Company
LOCATION:
690 Newport Center Drive
Island Hotel Staff Approval
LEGAL DESCRIPTION Parcel 3 of Lot Line Adjustment No. 2011-001, in the City
of Newport Beach, County of Orange, State of California,
Recorded January 31, 2012, as Instrument No.
20120000574252 of Official Records, in said office of the
County Recorder.
On January 23, 2015, the Community Development Director approved Staff Approval No.
SA2014-021. This approval is based on the findings and subject to the following conditions
PROJECT SUMMARY
A determination of substantial conformance with Use Permit No. UP3631 to allow a
Type 21 (Off-Sale General) alcoholic beverage control license within a small
convenience market at the first floor level of the Island Hotel. The convenience market
would be open between the hours of 6:00 a.m. and 10:00 p.m., daily.
ZONING DISTRICT/GENERAL PLAN
Zone: PC-56 (Newport Center North, Block 600)
General Plan: MU-H3 (Mixed-Use Horizontal)
I. BACKGROUND
At its meeting of September 12, 1983, the City Council approved the certification of the
Draft EIR, General Plan Amendment No. 82-2, acceptance of a traffic study, Resubdivision
No. 752, and Site Development Review No. 32. The hotel was then approved for 319
guest rooms, meeting/conference rooms, banquet facilities, restaurants, and various
recreation and service facilities.
Island Hotel Staff Approval
January 23, 2015
Page 2
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
On January 6, 1994, the Planning Commission approved a second amendment to Site
Development Review No. 32, which permitted the construction of a 9,000-square-foot
ballroom/banquet facility with ancillary uses. However, the additional floor area
authorized under this amendment was never constructed.
On June 22, 1998, the City Council approved Conditional Use Permit No. UP3631 for a
142,500-square-foot addition to the existing hotel. Under this approval, up to 425 rooms
were permitted for the hotel and its ancillary uses including a ballroom, meeting rooms,
health club/spa, a wedding garden, and pool. At this time, the existing hotel included a
5,449-square-foot restaurant and a 200-square-foot pool bar.
Tenant improvements were approved in 2014, authorizing the conversion of a 575-square-
foot portion of the lobby area into a small convenience market. The applicant now requests
a Type 21 (Off- Sale General) Alcoholic Beverage Control (ABC) license to sell alcohol
within a small portion of the convenience market.
II. PROJECT SUMMARY
The applicant requests a determination of substantial conformance with Use Permit No.
UP3631 to allow a Type 21 (Off-Sale General Beer and Wine) alcoholic beverage
control license within the convenience market at the first floor level of the Island Hotel.
The convenience market would be open between the hours of 6:00 a.m. and 10:00
p.m., daily. Within the convenience market area, alcohol sales are planned to occupy
approximately 15 square feet of the 575-square-foot market area. No physical changes
to the existing convenience market will be necessary to accommodate the addition of
alcohol sales. The hotel recently removed the in-room mini-bars from the individual
rooms. The market, including alcohol sales, is intended to provide convenience items
primarily for hotel guests now that the mini-bars are no longer available.
Additional site parking will not be required as a result of the addition of off-sale alcohol
sales to the previously authorized convenience market.
III. FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community
Development Director may authorize minor changes to an approved site plan,
architecture, or the nature of the approved use, without a public hearing, and waive the
requirement for a new use permit application. In this case, the Community Development
Director has determined that the proposed alcohol service within the convenience
market is in substantial conformance with the approved plans per Use Permit No.
UP3631 for the following reasons:
Island Hotel Staff Approval
January 23, 2015
Page 3
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. The small convenience market is accessory to the primary hotel use and is
consistent with other ancillary uses permitted in the Block 600 Sub-Area of the PC-
56 (North Newport Center Planned Community) Zoning District and in conjunction
with Use Permit No. UP3631 for the hotel.
2. The floor plans will be consistent with existing building permits issued for the
remodel and addition of the convenience market place to the first floor level.
3. Alcohol sales will occupy approximately 15 square feet of the convenience market
area, which is a small portion of the overall convenience market within the hotel
lobby.
Finding:
B. Do not involve a feature of the project that was a basis for or subject of findings
or exemptions in a negative declaration or Environmental Impact Report for the
project.
Facts in Support of Finding:
1. The convenience market is consistent with other ancillary uses permitted under Use
Permit No. UP3631, which does not specifically prohibit off-sale alcohol sales.
2. The addition of off-sale alcohol sales will not change the adopted Mitigated
Negative Declaration under the California Environmental Quality Act for the project
since the request involves the addition of alcohol sales within an existing building,
where no physical changes will occur to the building.
Finding:
C. Do not involve a feature of the project that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding:
1. Condition of Approval No. 1 of Use Permit No. UP3631 provides that, "The
development shall be in substantial conformance with the approved site plan,
floor plans, and elevation, except as noted below.” No physical changes to the
floor plan are proposed for the addition of alcohol sales beyond those previously
authorized under tenant improvements for the new convenience market. These
Island Hotel Staff Approval
January 23, 2015
Page 4
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
changes have been determined to be in substantial conformance with the original
use permit approval.
2. The addition of a convenience market and off-sale alcohol sales was not
specifically contemplated as an ancillary use under Use Permit No. UP3631. The
proposed use is ancillary to the primary operation of the facility as a hotel.
3. The Department of Alcoholic Beverage Control will require a determination of public
convenience and necessity.
Finding:
D. Do not result in an expansion or change in operational characteristics of the use.
Facts in Support of Finding:
1. The convenience market within the first floor level of the hotel was previously
authorized through a ministerial building permit. The use is ancillary to the primary
operation of the facility as a hotel. Small convenience markets offering alcohol for
sale are common in resort hotels.
2. The convenience market will operate from 6:00 a.m. to 10:00 p.m., daily. The
10:00 p.m. closing hour will help ensure that alcohol sales are available to hotel
guests and not for lounge patrons after the lounge closes.
3. Additional site parking will not be required as a result of the addition of off-sale
alcohol sales to the previously authorized convenience market.
IV. DETERMINATION
This staff approval has been reviewed and the determination has been made that the
proposed changes to the existing food use and proposed commercial development are in
substantial conformance with the original approval actions.
V. CONDITIONS OF APPROVAL
1. Alcohol sales shall be limited between the hours of 6:00 a.m. and 10:00 p.m.
2. Alcohol sales shall be limited to the 15-square-foot shelf space within the
convenience market, as shown on the approved plans.
3. To the fullest extent permitted by the law, the applicant shall indemnify, defend
and hold harmless City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney’s
fees, disbursements and court costs) of every kind and nature whatsoever which
Island Hotel Staff Approval
January 23, 2015
Page 5
\SA2014-021 Substantial Conformance Action Ltr.docxTmplt: 04/04/13
may arise from or in any manner relate (directly or indirectly) to City’s approval of
the Island Hotel Staff Approval including, but not limited to, Staff Approval, No.
SA2014-021 (PA2014-148). This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of the
City's costs, attorneys' fees, and damages which the City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to
the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
The conditions of approval authorized by Use Permit No. UP3631 shall continue in full
force and effect as approved by the Planning Commission.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development,
within fourteen (14) days following the date the action or decision was rendered unless a
different period of time is specified by the Municipal Code. For additional information on
filing an appeal, contact the Planning Division at (949) 644-3200.
On behalf of Kimberly Brandt, AICP, Community Development Director
By:
GR/mkn
Attachments: CD 1 Vicinity Map
CD 2 Project Plans
Attachment No. CD 1
Vicinity Map
Feet
Imagery:2009-2013 photos provided by Eagle
Imaging www.eagleaerial.com
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
10/1/2014
0 400200
Newport
Beach
GIS
Subject
Property
Island Hotel Staff Approval
October 31, 2014
Page 7
Conformance Action Ltr.docxTmplt: 04/04/13
Attachment No. CD 2
Project Plans
HOTEL ENTRANCE I
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PAGES 2 - 6
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PAGES 15 -17
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Island HOlel
Oak GrillI Aqua lounge
Newpon Beach. Caillornia
• IRVINE COMPANY
Since 1864 _
Description
Reference Plan
Sheet Title
Reference Plan
Job No.
Date
LPA
Arc;hitecture
Planning [nterlor~ign
llllMUPI Arc~iltcture
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... Copyright 200 1
1309510
November 27, 2013
1
PA2014-148
COFFEE COUNTER
GUM-MINT-CHOCOLATE
GRAB-AND-GO DRINKS
WATER -ICE TEAS -ENERGY DRINKS -SODAS -JUICES
DRY MERCHANDISER
SNACKS-FAMILY SIZE
SNACKS-BARS
DRY -FRUIT -NUTS
GRAB-AND-GO DRINKS
WATER -ICE TEAS -ENERGY DRINKS"
CHOCOLATE-GUM-MINT
CANDY BARS
GRAB-AND-GO
SANDWICHES-SALADS-
WRAPS-
DESSERTS-FRUIT
PASTRIES -MUFFINS
COOKIES -BAGELS
REFRIGERATED SPECIALTY
BEVERAGES -WINE & BEER
Island Hotel
Oak Grilli Aqua lounge
Newpon Beach. California
• IRVINE COMPANY
5in<e lB6~-
Description
1. Reduce reception desk length
and relocate a portion of the
back-of house office.
2. Install new automatic sliding
glass doors from lobby to new
Marketplace.
3. Construct new self-service
Marketplace
Reference Plan
SheetTltle
Proposed New
Marketplace
Floor Plan
Job No.
""
1309510
Date November 27. 2013
LPA
AKhittclure
PI.Ming
IntHior Dftl9n
l~nd5c.pe ArthitfCtu~
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22
PA2014-148
Application No.
Applicant
Site Address
Legal Description
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Lot Line Adjustment No. LA2011-001
Stantec Consulting Services Inc.
(PA2011-046)
Stantec Consulting Services Inc.
630, 650, 670 & 690 Newport Center Drive
Block 600 LLA
Parcel 1 of Parcel Map No. 92-247, in the City of Newport
Beach, County of Orange, State of California, per map filed in
Book 295, Pages 33-40, inclusive, of parcel maps, in the office
of the county recorder of said county, Parcel 4 of Parcel Map
No. 83-715, in the City of Newport Beach, County of Orange,
State of California, per map filed Book 196, Pages 13-16,
inclusive, of parcel maps, in the office of the county recorder
of said county, and Parcel 1 of Newport Beach Lot Line
Adjustment No. 94-2, in the City of Newport Beach, County of
Orange, State of California, recorded March 9, 1994 as
Instrument No. 94-017617 of official records, in said office of
the county recorder.
On May 12. 2011, the Zoning Administrator approved the following: A lot line adjustment
to allow the reorientation of three parcels of Block 600, which are located in the PC-56
(North Newport Center Planned Community) zoning district. The Zoning Administrator's
approval is based on the following findings and subject to the following conditions.
REQUIRED FINDINGS AND FACTS IN SUPPORT OF FINDINGS
A. Finding: The project has been reviewed, and it qualifies for a categorical
exemption pursuant to Section 15315 of the California Environmental Quality Act
under Class 15 (Minor Land Divisions) of the Implementing Guidelines of the
California Environmental Quality Act.
Facts in Support of Finding:
A-i. The Class 15 exemption includes the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or fewer parcels
when the division is in conformance with the General Plan and zoning, no
Jck 600 Lot Line Adjustment
May 12, 2011
Page 2
variances or exceptions are required, all services and access to the proposed
parcels to local standards are available, the parcel was not involved in a division
of a larger parcel within the previous 2 years, and the parcel does not have an
average slope greater than 20 percent. The proposed project involves a lot line
adjustment, involving three parcels in an urbanized, commercially zoned area.
The slope of the subject parcels is less than 20 percent and the properties are in
compliance with the General Plan and Zoning. Therefore, the proposed lot line
adjustment qualifies for a categorical exemption under Class 15.
B. Finding: Approval of the lot line adjustment will not, under the circumstances of the
parlicular case, be detrimental to the health, safety, peace, comforl, and general
welfare of persons residing or working in the neighborhood of such proposed use or
be detrimental or injurious to properly and improvements in the neighborhood or the
general welfare of the City, and furlher that the proposed lot line adjustment is
consistent with the legislative intent of Title 19.
Facts in Support of Finding:
B-1. The proposal is consistent with the General Plan since the lots are for regional
commercial and office development, permitted uses in this area.
B-2. The reconfiguration of the subject parcels will not result in a development pattem ,
which is inconsistent with the surrounding neighborhood.
B-3. Public improvements and infrastructure currently exist within the neighborhood;
and the lot line adjustment, in and of itself, will not result in the need for additional
improvements and/or facilities.
B-4. The proposed lot line adjustment is consistent with the purpose identified by Title
19. The subdivision is consistent with the General Plan, does not affect open
space areas in the City, does not negatively impact surrounding land owners, lot
purchasers, or residents, provides for orderly controlled growth within the City,
provides adequate traffic circulation and utilities, will not negatively affect
property values ,and preserves the public health, safety, and general welfare.
C. Finding: The number of parcels resulting from the lot line adjustment remains the
same as before the lot line adjustment.
Facts in Support of Finding:
C-1. The project site described in the proposal consists of legal building sites including
Parcel No.1 of Parcel Map No. 92-247, Parcel No.4 of Parcel Map No. 83-715,
and Parcel No. 1 of Lot Line Adjustment No. 94-2. The proposed lot line
adjustment will move the interior lot lines between three legal lots.
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Jck 600 Lot Line Adjustment
May 12, 2011
Page 3
C-2. Any land taken from one parcel will be added to the adjacent parcel and no
additional parcels will result from the lot line adjustment.
D. Finding: The lot line adjustment is consistent with applicable zoning regulations
except that nothing herein shall prohibit the approval of a lot fine adjustment as long
as none of the resultant parcels is more nonconforming as to width, depth, and area
than the parcels that existing prior to the lot line adjustment.
Facts in Support of Finding:
D-1. The proposed lot width and lot size are consistent with the zoning requirements
of Title 20 of the Newport Beach Municipal Code and the North Newport Center
Planned Community District regulations.
D-2. The parcels proposed to be created by the lot line adjustment comply with all
applicable zoning regulations and there will be no change in the land use,
density, or intensity on the property.
D-3. The future development on the proposed parcel will comply with the Zoning Code
and PC-56 (North Newport Center Planned Community) development standards.
The proposed lot line adjustment will not cause future development to impact
public views.
E. Finding: Neither the lots as adjusted nor adjoining parcels will be deprived of legal
access as a result of the lot line adjustment.
Facts in Support of Finding:
E-1. Adequate access to all of the reconfigured parcels is provided via San Joaquin
Hills Road, Newport Center Drive, Santa Cruz Drive, San Simeon Drive, and
Center Drive.
E-2. In the event the parcels are not held in common ownership, a private pedestrian
access easement will be required on Parcel 3 in order to allow for adequate
access from the west side of the proposed parking structure, located on Parcel 2.
F. Finding: That the final configuration ofthe parcels involved will not result in the loss
of direct vehicular access from an adjacent alley for any of the parcels that are
included in the lot line adjustment.
Facts in Support of Finding:
F-1. The final configuration of the parcels involved will not result in the loss of direct
vehicular access from any alley for any parcels included in the lot line
adjustment. Central Avenue is a private street and adequate access is provided
to and from this street for all parcels; there are no alleys located within or near
the subject parcels. .
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Jck 600 Lot Line Adjustment
May12,2011
Page 4
G. Finding: That the final configuration of a reoriented lot does not result in any
reduction of the street side setbacks as currently exist adjacent to a front yard of
any adjacent key, unless such reduction is accomplished through a zone change to
establish appropriate street side setbacks for the reoriented lot. The Planning
Commission and City Council in approving the zone change application shall
determine that the street side setbacks are appropriate, and are consistent and
compatible with the surrounding pattern of development and existing adjacent
setbacks.
Facts in Support of Finding:
G-1. The final configuration of the parcels does not result in a requirement for revised
setbacks. The existing default setbacks of zero feet from Center Drive and 15 feet
from Newport Center Drive, San Joaquin Hills Drive, San Simeon, and Santa Cruz
Drive continue to apply per the PC-56 (North Newport Center Planned Community)
development regulations. These default setbacks shall apply to the reconfigured
parcels in the same way that they did to the previous parcel configuration; therefore
the lot line adjustment does not result in the reduction of any existing street side
setbacks.
PROCEDURAL REQUIREMENTS
1. A covenant and agreement shall be recorded concurrently with the lot line
adjustment requiring that if either property is sold or changes ownership, the
reservation or grant of a pedestrian access easement shall be recorded across
Parcel 3 for purposes of egress from the west side of the proposed parking
structure, located on Parcel 2.
2. The lot line adjustment shall not be recorded until all existing structures across the
proposed property lines have been demolished.
3. All applicable Public Works Department plan check fees shall be paid prior to
review of the lot line adjustment and grant deeds.
4. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in
titles of ownership should be submitted to the Public Works Department for review
and approval.
5. The lot line adjustment and grant deeds reviewed and approved by the Public
Works Department should be filed concurrently with the County Recorder and
County Assessor's Offices.
6. No building permits may be issued until the appeal period has expired, unless
otherwise approved by the Planning Department.
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ock 600 Lot Line Adjustment
May 12, 2011
Page 5
7. This approval shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.93.055 of the Newport Beach Municipal Code.
8. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
the Block 600 Lot Line Adjustment including, but not limited to, Lot Line
Adjustment No. LA2011-001 (PA2011-046). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD
Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment
applications do not become effective until 10 days following the date of action, during
which time an appeal may be filed with the Planning Commission Secretary in accordance
with the provisions of the Newport Beach Municipal Code. For additional information on
filing an appeal, contact the Planning Division at 949 644-3200.
BY:~~~
Jale Murillo, Zoning Administrator
JM/mkn
Attachments: Vicinity Map
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850
700
,
4 , ,
3
5
~Iock 600 Lot Line Adjustment
May 12, 2011
Page 6
VICINITY MAP
11 3
680
660
4
2
5
7
2
4
12
,>
20
22
800 W*' 6'0
199 600 ,
60'
Oi!li#i 257ft
Lot Line Adjustment No. LA2011-001
PA2011-046
610
630,650,670 & 690 Newport Center Drive
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July 21,2004
CITY . '. NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644·3200: FAX (949) 644·3229
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
Parcel Map No. NP2004-020
(County TPM No. 2004-118)
(PA20 04-128)
Staff Person: Javier S, Garcia. 644-3206
Appeal Period: 14 days after approval date
Application No: Parcel Map No. NP2004-020 (PA2004-128)
(County TPM No. 2004-118)
Applicant:
Address of
Property Involved:
legal Description:
Request as Approved:
The Irvine Company
690 Newport Center Drive
Parcel 1 of NBllA 94-02
A Tentative Parcel Map for the subdivision of an existing parcel of land into three parcels
of land for Administrative, Professional and Financial Commercial use and Hotel u:;;e , The
existing parcel of land was created by Newport Beach Lot Line Adjustment No. 94-02. No
exceptions to the Title 19 development regulations are proposed with this application,
The property is located in the APF District.
On July 21. 2004, the Modifications Committee voted 3 ayes and 0 noes to approve the
application request as modified based on the following findings and subject to the
following conditions.
FINDINGS:
The Modifications Committee determined in this case that the proposal would not be
detrimental to persons, property or improvements in the neighborhood. Furthermore, the
approved parcel map would be consistent with the legislative intent of Titles 19 and 20 of
the Newport Beach Municipal Code based on the following findings:
1, The design of the subdivision will not conflict with any easemen ts acquired by
the public-at-Iarge for access through or use of the property within the proposed
subdivision.
2. Public improvements may be required of a developer per Section 19.28.010 of
the Municipal Code and Section 66411 of the Subdivision Map Act.
July 21, 2004
Page 2
3. 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 Alterations in Land Use Limitations) and Class
15 (Minor Land Divisions).
4. The proposed parcel map presents no problems from a planning standpoint
because the proposed lot configuration meets the development standards for the
APF zone.
5. The map meets the requirements of Title 19 of the Newport Beach Municipal
Code, all ordinances of the City, and all applicable general or specific plans. The
Modifications Committee is satisfied with the plan of subdivision.
CONDITIONS:
1. A parcel map shall be recorded prior to occupancy. The parcel map shall be
prepared on the California coordinate system (NAD83). Prior to recordation of
the parcel map, the surveyor/engineer preparing the map shall submit to the
County Surveyor a digital-graphic file of said map in a manner described in
Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the
Orange County Subdivision Manual, Subarticle 18. Upon recording of the parcel
map, the surveyor or engineer shall forward a Mylar copy and 3 bond copies to
The Public Works Department.
2. Prior to recordation of the parcel map, the surveyor/engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established
by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337
of the Orange County Subdivision Code and the Orange County Subdivision
Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on
each lot corner, unless otherwise approved by the Subdivision Engineer.
Monuments shall be protected in place if installed prior to completion of the
construction project.
3. The word "vesting" shall be removed from the title of the Tentative Map.
4. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
5. Prior to recordation of the parcel map, all applicable Public Works Department
plan check fees and inspection fees shall be paid.
6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, additional street trees shall be
provided and existing street trees shall be protected in place during construction
of the subject project, unless otherwise approved by the General Services
Department and the Public Works Department through an encroachment permit
or agreement (if required).
July 21, 2004
Page 3
7. Upon parcel map recordation, no buildings and/or structures shall cross any of
the subd ivided parcel boundaries.
8. The on-site drainage system for each of the subdivided parcels shall not cross
any of the subdivided parcel boundaries. In addition, each of the on-site systems
shall comply with the City's on-site non-storm runoff retention requirements.
9. Upon parcel map recordation, each parcel shall be served by its individual
drainage, water, and sewer systems. However, upon substantiating
documentation that the individualization of the existing utilities is not practical or
financially feasible, utility easements shall be recorded as a part of the parcel
map.
10. New concrete sidewalk, curb and gutter, curb access ramps, and street
pavement may be required by the Public Works Department. Said determination
shall be made at the discretion of the Public Works Inspector.
11. Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
record a parcel map or obtain a building permit prior to completion of the public
improvements.
12. Prior to recordation of the parcel map, the applicant shall submit copies of the
current off-site parking agreement that relate to the parking requirements
established for The Four Seasons hotel. The Planning Department shall review
the documents and Site Plan Review No. 32 (including its amendments) to
determine adequacy and applicability to the newly configured parcels. If it is
determined that documents must be revised or amended, the recordation of the
parcel map shall not be released until the revised or amended documents are
first approved by the Planning Director, Planning Commission or City Council, as
necessary.
13. All work conducted within the public right-of-way shall be approved under an
encroachment permit issued by the Public Works Department.
14. County Sanitation District fees shall be paid prior to issuance of any building
permits, if required by the Public Works Department or the Building Department.
15. Disruption caused by construction work along roadways and by movement of
construction vehicles, shall be minimized by proper use of traffic control
equipment and flagmen. Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and local requirements.
16. This parcel map shall expire if the map has not been recorded within 3 years of
the date of approval, unless an extension is granted by the Planning Director in
accordance with the provisions of Section 19.16 of the Newport Beach Municipal
Code.
July 21, 2004
Page 4
The decision of the Committee may be appealed to the Planning Commission within 14
days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of
$915.00. No building permits may be issued until the appeal period has expired.
MODIFICATIONS COMMITTEE
B~~~~iL!,-~~7~~~.d...-'~ vier S. Garcia, AICP, Senior Planner
hairperson
JSG:bsn
Attachments: Vicinity Map
Appeared
in Opposition: None
Appeared
in Support: None
F:IUSERSIPLNISharedIPA'sIPAs -2004IPA2004-128INP2004-020 appr.doc
City of Newport Beach
City Council Minutes
June 22, 1998
Without obiection, the motion
PUBLIC COMMENTS
No public comments were presented.
PUBLIC HEARINGS
30. FOUR SEASONS HOTEL (THE IRVINE COMPANY, APPLICANT), AT
690 NEWPORT CENTER DRIVE, REQUEST TO ALLOW FOR A
TOTAL MAXIMUM LIMIT OF 425 HOTEL ROOMS DESIGNATED IN
BLOCK 600 OF NEWPORT CENTER, WHEREAS THE CURRENT
LIMIT IS 325 HOTEL ROOMS; AND THE CONSTRUCTION OF AN
ADDITIONAL 142,000 SQ. FT. (LOCATED ON AN EXISTING
VACANT PARCEL THAT HAS LONG BEEN PLANNED FOR HOTEL
EXPANSION PURPOSES) WHICH INCLUDES A 102 -ROOM,
SIXTEEN STORY TOWER ADDITION WITH ADDITIONAL
ANCILLARY USES - 690 NEWPORT CENTER DRIVE (GENERAL
PLAN AMENDMENT 97 -3 (D), USE PERMIT NO. 3631,
MODIFICATION NO. 4721, AND TRAFFIC STUDY NO. 1141.
Planning Director Temple stated that the report is a planning amendment
request by The Irvine Company to allow an extension of the Four Seasons
Hotel and that this was initiated by Council in late 1997. She indicated that
staffprepared environmental documentation and traffic studies.
Carol Hoffman, The Irvine Company; stated that The Irvine Company is
pleased to bring a project of this quality to the City and noted that her team
is in attendance tonight to answer questions.
Mayor Edwards opened the public hearing.
Don Gregory stated that there was a lot of debate at the EQAC meeting as
to The Irvine Company's plans for the community. He requested getting The
Irvine Company's master plan so that Council can vote intelligently on how
their plans will impact future areas.
Jan Vandersloot concurred with Mr. Gregory, noting that there is a master
plan for the Newport Center. He believed that there is a CIOSA agreement
between The Irvine Company and City agreeing to certain development
entitlements for circulation and open space. He stated that The Irvine
Company is now coming back and asking for an increased entitlement for an
office tower to the Newport Center, specifically to the 800 block. Further,
there have been talks about removing open space at the Newport Village site
for housing. He believed that the City is increasing development and traffic,
and decreasing open space, and suggested asking them to provide affordable
senior housing.
Mayor Pro Tern O'Neil emphasized that he chairs a City ad hoc committee
that deals with the future master plan development of the Newport Center.
Volume 52 - Page 90
INDEX
Res 98 -48
Four Seasons
Hotel
GPA 97 -3D
UP 3631
45188)
City of Newport Beach
City Council Minutes
June 22, 1998
He assured everyone that public forums will be conducted to review any
traffic studies and modeling that will occur with the build -out. Regarding
the General Plan Amendment, he stated that it was his understanding that
it was not The Irvine Company's project. He agreed that Council needs to
have a handle on the build -out of the Newport /Fashion Island Center as it is
planned to be the major commercial and retail center for Newport Beach.
He expressed the opinion that The Irvine Company is conscientiously
putting together a plan that will be made public and reviewed by EQAC.
Council Member Hedges noted that the Negative Declaration and analysis
conducted under the existing Traffic Phasing Ordinance shows that there is
virtually no impact or change to enter utilization or to the parking counts
that are studied hourly. He clarified that this project has nothing to do with
the CIOSA Agreement.
Hearing no further testimony, Mayor Edwards closed the public hearing.
Motion by Mayor Pro Tern O'Neil to adopt Resolution No. 98 -48
approving General Plan Amendment 97 -3(D); and sustain the action of the
Planning Commission and approve the applications related to the General
Plan Amendment, subject to the Findings, Mitigation Measures and
Conditions as modified by the Planning Commission: The acceptance of a
Negative Declaration, Use Permit No. 3631, Modification No. 4721, and
Traffic Study No. 114.
Council Member Glover noted that the City has a general plan that lays out
the capacity of the Newport Center. She stated that she would not like to, as
a Council Member, make a determination as to the types of retail The Irvine
Company determines is fitting.
Without objection, the motion carried by acclamation.
31. J.P.'S OF NEWPORT BEACH (ERIK RAMESON, APPLICANT)
REQUEST TO ALLOW THE RE- ESTABLISHMENT OF THE EXISTING
WAREHOUSE RESTAURANT AS J.P.'S OF NEWPORT BEACH, A NEW
FULL SERVICE RESTAURANT AND ENTERTAINMENT FACILITY
AT 3450 VIA OPORTO (USE PERMIT NO. 3626).
Mayor Edwards recalled that, at the June 8 meeting, there was a request
that meetings be conducted to change parking operational characteristics.
Assistant City Manager Wood reported that she and the Planning Director
met with representatives of Via Lido Plaza on Friday and explained the
conditions of approval that were added by the Planning Commission. She
believed that the conditions offer an opportunity to improve the parking
situation and added that a comprehensive parking study will need to be
conducted for the entire area.
Motion by Council Member Hedges to modify the action of the Planning
Commission to approve Use Permit No. 3626, amending the conditions to
include the ingress and egress on Central, that a comprehensive parking
Volume 52 - Page 91
J.P.'s of
Newport
Beach
UP 3626
88)
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
SUBJECT: The Four Seasons Hotel
applicant)
690 Newport Center Drive
GPA 97 -3 (D), with
Negative Declaration
Use Permit No. 3631
Modification No. 4721
Traffic Study 114
The
the acceptance of a
Request to allow the construction of a 142,500 sq. ft. addition to an existing
hotel. The project involves the approval of a General Plan Amendment, a
Traffic and Parking Study, a Use Permit and a Modification. The General
Plan Amendment is required to increase the total maximum hotel room
limit designated in Block 600 of Newport Center. The current limit is 325
hotel rooms which will be increased to 425 rooms. A use permit is required
for the expansion of the hotel and its ancillary uses. A modification is
required for the approval of an exterior wall sign which exceeds the
allowable area permitted for wall signs in the APF District. The 142,500 sq.
ft. addition includes:
a 102 -room, sixteen story tower addition;
a 9,200 sq. ft. ballroom (600 seats);
six meeting rooms totaling 3,800 sq. ft.;
reconfiguration (demolition of existing tennis courts and a
portion of the existing health club) and expansion of the
existing health club /spa facilities (including masseuse services)
and;
a wedding garden and pool facilityfor outdoor functions.
Ms. Temple noted by way of reference, a memorandum from the Planning
Department with an attached table is intended to be substituted for the
table on handwritten page 127 of the staff report. An older version of this
table was inadvertently included in the packet for copy to the Planning
Commission. Additionally, the applicant has requested and staff concurs
with the modification of Use Permit No. 3631 Condition 5 to add,...Except
short term construction or delivery activities approved through an
Encroachment Permit.
Chairperson Kranzley and all Commissioners noted for the record that they
had met with the applicant and received personal presentations of the
project.
CommissionerGifford noted that during that process, she had received an
additional booklet that has a lot of data and asked if this should become
part of the record.
Ms. Clauson answered that if it is additional data that is not in the staff
I1
INDEX
GPA 97 -3 (D)
UP No. 3631
Modification No. 3631
TS 114
Recommended for
approval
City of Newport Beach
Planning Commission Minutes
June 4, 1998
report, then it should be.
Commissioner Adams pointed out that in one of the tables where it
discusses the number of rooms, there should be an asterisk to explain that
the number of rooms is not the number of keys.
Ms. Temple noted that this issue was a source of confusion by members of
the public as well commissioners. She explained that when staff analyzes
hotels, the maximum potential utilization is analyzed and the concept of
key or lock off nodules is used. In hotels, rooms are quite often assembled
and disassembled in to various uses and activities such as suites and
meeting rooms. The entitlement being requested in the General Plan
Amendment and the Use Permit is numbered and assigned based on the
optimal utilization of these facilities based on the smallest increment use or
the greatest number of rooms potential. The existing hotel has
authorization for 325 rooms, they actually use only 285. Were they to
optimize the physical plant to individual rooms, they could have a far
greater number. The request for an additional 100 rooms is the General
Plan entitlement in the optimal utilization, the new tower is 102 rooms. This
approach is used to make sure that the worst case is assessed for traffic
purposes and for the analysis of all the relative impacts of the proposed
project.
Ms. Clauson, having been handed the additional pamphlet referenced
by Commissioner Gifford stated that it appears to contain the same
exhibits that are on the board.
Public Comment was opened.
Carol Hoffman of The Irvine Company stated that their entire team was
present to speak to this issue if needed. They have attempted to present
a comprehensive packet of material for consideration and appreciate
time taken for review. At Commission inquiry, Ms. Hoffman noted that the
employees park in structures in Block 600 if they do not come by public
transportation.
Bernie Rome, President of Big Canyon Community Association spoke on
behalf of this application noting that the applicant gave a briefing to the
affected residents that live across San Joaquin Hills Road. He commented
that approximately 75% of the cars egressing from the complex will be
going north, either on MacArthur or Jamboree. He asked that the green lit
sign indicating San Joaquin Hills Road be replaced. This would alleviate
the cars that inadvertently come into Big Canyon having to turn around,
since this is a private community. Continuing, he noted that in reality,
there should be a 'Not a Through Street', to make it clear to drivers that
there should be either a right or left turn on to San Joaquin Hills Rd.
12
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
Barry Eaton, 727 Ellis Street, Eastbluff spoke in favor of this application
stating that this project is not overloading traffic in any intersection plus
noting the positive economic viability of the project.
Public Comment was closed.
Motion was made by Commissioner Ridgeway to recommend to the City
Council approval of:
GPA 97 -3 (D), with the acceptance of a Negative Declaration
Use Permit No. 3631
Modification No. 4721
Traffic Study 114
and include a recommendation to staff to add a "Not a Through Street'
sign as a possibility to be located on San Joaquin Hills Road.
Without objection and by show of hands, Motion Carried.
Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Ashley
Noes: None
Absent:
A. General Plan Amendment No. 97 -3 (DI: Adopt Resolution No. 1467
Attached) recommending to the City Council the adoption of
General Plan Amendment No. 97 -3(D).
Environmental Document:
Findings:
1. An Initial Study and Mitigated Negative Declaration have been
prepared in compliance with the Environmental Quality Act
CEQA), the State CEQA Guidelines, and Council Policy K -3.
2. On the basis of the analysis set forth in the Initial Study and
Mitigated Negative Declaration, including the mitigation measures
listed, the proposed project does not have the potential to
significantlydegrade the quality of the environment.
3. There are no long -term environmental goals that would be
compromised by the project
4. No cumulative impacts are anticipated in connection with this or
other projects.
S. There are no known substantial adverse affects on human beings
that would be caused by the proposed project.
13
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
6. The contents of the environmental document have been
considered in the various decisions on this project.
Mitiaation Measures:
1. Prior to commencing grading activities, the applicant shall consult
with the City of Irvine and City of Newport Beach regarding the
exportation of earthwork to a disposal site located in Irvine. The
applicant shall consult with the City of Irvine so that a mutually
acceptable agreement is developed regarding the haul route
and truck hauling operations. Evidence of said agreement shall
be submitted to the City of Newport Beach prior to commencing
site grading activities.
2. During construction activities, the project will comply with the
erosion and siltation control measures of the City's grading
ordinance and all applicable local and State building codes and
seismic design guidelines, including the City Excavation and
Grading Code (NBMC Section 15.04 or applicable sections).
3. Prior to the issuance of a grading permit, the applicant shall submit
a comprehensive geotechnical investigation to the Planning and
Building Departmentfor review and approval.
4. The project shall conform to the requirements of the National
Pollution Discharge Elimination System (NPDES) and shall be subject
to the approval of the Public Works Department to determine
compliance.
5. The project design shall include adequate hood equipment with
smoke and odor control capabilities to serve the facility.
Additionally, the hood system shall include a charcoal filtering
system for the control of odors and a grease collection system for
the capture /removal of grease accumulation. The hood system
shall be subject to review and approval by the Building
Department and the Planning Director.
6. During construction activities, the applicant shall ensure that the
following measures are complied with to reduce short-term
construction) air quality impacts associated with the project: a)
controlling fugitive dust by regular watering, or other dust palliative
measures to meet South Coast Air Quality Management District
SCAQMD) Rule 403; b) maintaining equipment engines in proper
tune; and c) phasing and scheduling construction activities to
minimize project - related emissions.
14
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
7. During construction activities, the applicant shall ensure that the
project will comply with SCAQMD Rule 402, to reduce nuisance
due to odors from construction activities
8. The applicant shall ensure that the project will comply with the
provisions of the City of Newport Beach General Plan Noise
Element and the Municipal Code pertaining to noise restrictions.
During construction activities, the hours of construction and
excavation work are allowed from 7:00 a.m. to 6:30 p.m. on
weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any
time on Sundays and holidays.
9. Prior to the commencement of grading activities, the applicant
shall coordinate with utility and service organizations regarding
any construction activities to ensure existing facilities are protected
and any necessary expansion or relocation of facilities are
planned and scheduled in consultation with the appropriate
public agencies.
10. The project shall be designed to eliminate light and glare onto
adjacent properties or uses. The plans shall be prepared and
signed by a licensed Electrical Engineer acceptable to the City.
Prior to the issuance of any building permit the applicant shall
provide to the Planning Department, in conjunction with the
lighting system plan, lighting fixture product types and technical
specifications, including photometric information, to determine the
extent of light spillage or glare which can be anticipated. This
information shall be made a part of the building set of plans for
issuance of the building permit. That prior to issuance of the
certificate of occupancy or final of building permits, the applicant
shall schedule an evening inspection by the Code Enforcement
Division to confirm control of light and glare specified by this
condition of approval.
H. Prior to issuance of a grading permit, the applicant shall
demonstrate to the Planning Department that the project will
comply with Council Policies regarding archaeological and
paleontological resource investigation, surveillance and recovery.
12. A qualified archeologist shall be present during grading activities
to inspect the underlying soil for cultural resources. If significant
cultural resources are uncovered, the archeologist shall have the
authority to stop or temporarily divert construction activities for a
period of 48 hours to assess the significance of the find.
C. Use Permit No. 3631
15
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
Findings:
The Land Use Element of the General Plan designate the site for
Administrative, Professional & Financial Commercial" uses and a
hotel is a permitted use within this designation.
2. That the proposed development will not have any significant
environmental impact, based on information presented and
incorporated into the Negative Declaration.
3. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through
or use of property within the proposed development.
4. That public improvements may be required of a developer per
Section 20.91.040 of the Municipal Code.
5. That approval of Use Permit No. 3631 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 and further that the proposed modification
related to the proposed signing is consistent with the legislative
intent of Title 20 of this Code for the following reasons:
The hotel use is compatible with the surrounding
professional office and retail commercial uses in the area
since hotel uses are typically a support use.
The addition is an extension of the existing hotel operation
which is compatible with the character of the
neighborhood since the surrounding buildings are mid and
high -rise structures consisting of office and retail uses.
The project will not result in a significant effect on the
environment.
The proposed development fully conforms to the
established development standards of Chapter 20 of the
Municipal Code.
There is adequate parking available for the addition.
There are no significant aesthetic impacts.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted
16
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
below.
2. Intersections of private drive at Center Drive shall be designed to
provide sight distance for a speed of 30 miles per hour. Slopes,
landscape, walls and other obstruction shall be considered in the
sight distance requirements. Landscaping within the sight line
shall not exceed twenty -four inches in height.
3. The existing crosswalk connecting the 630 Newport Center Drive
parking structure to the sidewalk adjacent to the project shall be
maintained unless otherwise approved by the City Traffic
Engineer.
4. Asphalt or concrete access roads shall be provided to all public
utilities, vaults, manholes, and junction structure locations, with
width to be approved by the Public Works Department.
5. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements. A traffic control
plan shall be reviewed and approved by the Public Works
Department. There shall be no construction storage or delivery of
materials within the Newport Center Drive right -of -way, except
short term construction or delivery activities approved through an
EncroachmentPermif.
6. That a valet operations plan shall be reviewed and approved by
the City Traffic Engineer.
4. That all trash areas shall be screened from adjoining properties and
streets.
5. The approval of Use Permit No. 3631 is subject to final City Council
approval of GPA 97 -3 (D).
6. That the Planning Commission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the
operation which is the subject of this Use Permit, causes injury, or is
detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
7. That this Use Permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
17
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
Standard Requirements:
That the project shall comply with State Disabled Access
requirements.
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
3. Arrangements shall be made with the Public Works Department
in order to guarantee satisfactory completion of any required
public improvements, if it is desired to obtain a grading or
building permit prior to completion of the public improvements.
4. Public easements and utilities crossing the site shall be shown of
the grading and building site plans.
5. Prior to issuance of any grading or building permits for the site,
the applicant shall demonstrate to the satisfaction of the Public
Works Department and the Planning Department that adequate
sewer facilities will be available for the project. Such
demonstration shall include verification from the Orange County
Sanitation District and the City's Utilities Department.
6. Any Edison transformer serving the site shall be located outside
the sight distance planes as described in City Standard 1 14L.
That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the City Traffic
Engineer
D. Modification No. 4721
Findings:
That the Land Use Element of the General Plan designates the site
as APF and the proposed wall sign is consistent with this
designation and is ancillary to the primary permitted use.
The modification to the Zoning Code, as proposed will not be
detrimental to persons, property or improvements in the
neighborhood for the following reasons:
The proposed wall sign will not obstruct view from
adjoining properties since it is a flush mounted wall sign.
18
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City of Newport Beach
Planning Commission Minutes
June 4, 1998
The internally illuminated sign will be located on the
uppermost portion of the building, and will not emit glare
or light spillage onto other properties.
3. The modification to the Zoning Code as proposed is consistentwith
the legislative intent of Title 20 of the Municipal Code for the
following reasons:
The size of the wall sign is of a scale consistentwith the size
of the proposed tower structure.
The wall sign does not comprise more than 40% of the
exposed finished wall surface area, including openings of
the elevation on which it is to be located.
Conditions:
1. The sign developmentshall be in substantial conformancewith the
approved site plan, floor plan and elevation, except as noted
below.
2. The wall sign (including logo) shall not exceed a total combined
area of 306 sq. ft. when a rectangle is drawn around the sign and
logo.
3. All other signage shall conform to the Zoning Code requirements
unless otherwise approved by the Modification Committee or
Planning Commission.
4. The illuminated wall sign shall not blink or flash or contain any type
of animation.
5. The approval of this Modification shall be subject to final City
Council approval of GPA 97 -3(D).
6. This Modification shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.93.055A of the
Newport Beach Municipal Code.
E. Traffic Study 114
Findings:
1. That a Traffic Study has been prepared which analyzes the impact
19
INDEX
City of Newport Beach
Planning Commission Minutes
June 4, 1998
of the proposed project on the peak -hour traffic and circulation
system in accordance with Chapter 15.40 of the Newport Beach
Municipal Code and City Policy K -3.
2. That the Traffic Study has been reviewed by the City Traffic
Engineer and found in compliance with the Traffic Phasing
Ordinance.
3. That the Traffic Study indicates that the project - generated traffic
will neither cause nor make worse an unsatisfactory level of traffic
on any 'major,' 'primary- modified; or 'primary' street at any of the
ten intersections selected for evaluation by City staff and based on
the characteristicsof the proposed development.
4. That the Traffic Study indicates that the project - generated traffic
will not be greater than one percent of the existing traffic during
the 2.5 hour peak period on eight of the ten study intersections
and that the ICU analysis for two of the ten intersections indicates
an acceptable ICU value of less than 0.90.
SUBJECT: Minor Amendments to the Zoning Code
A 874
A resolution of intent to revise Title 20 of the Municipal Code to make
several minor revisions to the Zoning Code. These revisions relate to the
definition of terms, land use classifications, land use regulations,
nonconforming structures, the regulation of signs, public notification
requirements, appeal and call for review procedures, and the removal
of obsolete, redundant, and conflicting language.
Ms. Temple noted that this is an initiation of an amendment, the action is
neither recommending approval nor holding a public hearing. Staff
requests that Commission identify any issues, problems or concerns of this
extensive list. A supplemental staff report was distributed addressing
building bulk.
Chairperson Kranzley suggested that Commission address this agenda
item like the consent calendar. If there are items that Commission wishes
to pull off they can be discussed, otherwise, move the whole report
forwardl.
Deliberation continued on this item with the outcome of an initiation to be
recommended with explanation relating to the definition of terms, land
use classifications, land use regulations, nonconforming structures, the
20
INDEX
Item No. 3
Intent to Amend the
Zoning Code - A874
Approved
MINUTES
October 18, 1979
w i Gtv of Newr)ort Beach
lvelopment. He expressed their feeling that the
granting of this Modification would allow the
homebuilder more flexibility in the design of
his residence than would occur if these lots ob-
served 5' setbacks, as allowed by the zoning in
all cases. In conclusion, he added that the
homeowners' rules for this °tract would prohibit
people from parking their cars in_ an unsightly
manner,. or in the apron of the driveway. He adde
that they could comply by seeking a variance with
in the C. C. & R.'s to bring the building envelop
iup -to the 5' setback, but that they felt it would
bean inferior solution to providing automatic
garage door openers, and that practically speak-
ing, it is very difficult to amend the C. C. & R.
because of the custom lot declarations which are
in accordance with the State Office of Real Es-
tate.
Motion K Motion was made. that the Planning Commission make
the findings as recorded in Exhib.it "A" of the
Staff Report and deny Modification No. 2457.
Motion x Amendment to the Motion was made that a third
finding be added to read,. "The denial in no way
limits the size of structures which may be built
upon the property under the City's Planned Com-
munity zoning."
Commissioner.Allen accepted Commissioner Beek's
amendment to be incorporated into her motion.
Mr. Dmohowski explained that this might mean that
a number of the lots might be rendered unbuild-
able or be substantially degraded as to the amoun
of square footage that would be allowed.
Ayes x x Yx Motion was then voted on, which MOTION CARRIED.
Noes
Absent
Request to establis.h an offstreet parking l.ot on Item #3
a temporary basis in Block 600 of Newport Center
in the C -0 -H District, and the acceptance of.an USE PER -
IEnvironmental Document. MIT NO.
1919
LOCATION: A portion of Lot 22, Tract No,.
6015, located at 670 Newport Cen- APPROVED
CONDI- ter Drive, easterly of Santa Cruz
TToNALLY
3-
Motion
Ayes
Absent
0
x
aimmW
ZONE:
October 18, 1979
M
MINUTES
INDEX
Drive and northerly of Newport
Center.Drive in Block 600 of New -
port Center.
C -O -H
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as Applicant
The Public Hearing was opened regarding this item
and Dave Dmohowski, The Irvine Company, appeared
before the Planning Commission and stated their
concurrence with the conditions as set forth in
jthe Staff Report.
Motion was made that the Planning Commission make
the findings as recorded.in.Exhibit "A" of the
Staff Report and approve Use Permit 1919, subject
to the conditions as set forth in Exhibit "A" of
the Staff Report, with.an added Condition No. 13
to read, "That there be weekly vacuum sweeping of
the parking lot."
Request to create two parcels of land for residen Item #4
tial development where one lot now exists, and th
acceptance'of an Environmental Document. RESUBOI-
VISION
LOCATION: Lot 15, Tract No. 1237, located at _077T2
483 and 485 Morning Canyon Road,
on the easterly side of Morni.ng APPROVED
Canyon Road, between Seaward Road
and East Coast Highway in Corona
Highlands.
ZONE: R -2 -B
APPLICANT: Harold B. Zook, Corona del Mar
OWNER: Same as Applicant
ENGINEER: Same as Applicant
4-
M
COMMISSIONERS MINUTES
City of Newport BeachF
vC0'F
2
2
September 7, 1978
ROLL CALL
the period of the existence of the Use
Permit with approval of the Community
Development Director.
Request to permit the temporary use of a modular
building for a Pacific Federal Savings and Loan
branch facility in Newport Center, and the accel
tance of an environmental document.
Location: Lot 22, Tract No. 6015, located
690 Newport Center Drive, on the
northeasterly corner of Newport
Center Drive and Santa Cruz Drivi
in Newport Center.
Zone:. C -O -H
Applicant: Pacific Federal Savings and Loan
Association, Hollywood
Owner: The Irvine Company, Newport Beacl
Public hearing was opened in. connection with th
item and Louis Loterett appeared before.the
Planning Commission on behalf of the Applicant
and concurred with the conditions of approval s
forth-in the staff report.
There being no others desiring to appear and be
heard, the public hearing was closed,
Motion X Motion was made that Planning Commission make t
Ayes X X X X following findings:
Noes X X
Absent X 1. That the proposed use is consistent with.
the Land Use Element of the General Plan.
The temporary use of the proposed modular
building will also be compatible with
surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that t
do not contemplate any problems.,
13-
INDEX
Item #5 .
USE PERMIT
APPROVED
ZFNUr---
i t MUM,
i
is
et
he
hey
COMMISSIONERS MINUTES
9 ; City of Newport Beach
vs P
yon
p
September 7, 1978
ROLL CALL INDEX
4. The approval of Use Permit No. 1884 will
not, under the circumstances of this case
be detrimental to the health, safety, peace,
morals, comfort and general welfare of.
persons.residing and working in the neigh-
borhood or be detrimental or injurious to
property or improvements in the neighborhood
or the general welfare of the City.
and. approve Use Permit No. 1884, subject to the
following conditions of approval:
1. That development shall be in substantial
conformance with the approved plot plan,
floor pl.an and elevations, except as noted
in Condition. No. 2.
2. That vehicular access to the project site
shall be taken from Center Drive, a private
street, or from an approved access driveway
located on Newport Center Drive.
3. That the proposed offstreet parking lot and
related access drive shall be paved with.
asphalt, plant mix, concrete, or other
street surfacing material of a permanent
nature.
4. That all signs shall conform to Chapter 20.06
of the Newport Beach Municipal Code.
However, convenience signs such as "entrance"
exit ", or other.directional signs shall
have a maximum area of 6 sq. ft. per face.
Said convenience signs shall not include the
name or logo of the savings and loan use.
5. This permit shall extend for a period of
three years, and any extension shall be
subject to the approval of the Modifications
Committee.
6. At such time as the use of the temporary,
building ceases, the building shall be
removed from the site. Said building shall
not be sold or leased on the property.in
question.
Commissioner Beek opposed the motion as he felt
that the proposal would increase the City's
congestion problems.
14-
n 7C
August 4, 1983
s rv m
mooa0am0 w City of. Newport Beach
MINUTES
INDEX
Motion
All Ayes
Jim Hewicker, Planning Director stated that staff has
recommended removal from calendar in conjunction with
this item.
X Motion was made for the removal of calendar of Use
x x x x x * Permit No. 1434 (Revocation), which MOTION CARRIED.
Acceptance of an Environmental Impact Report for
General Plan Amendment No. 82 -2 (Four Seasons) so to
allow the construction of a 325 room hotel with related
hotel and service facilities including ballrooms, .
meeting rooms, cocktail lounges and restaurants.
INITIATED
BY: The City of Newport Beach
WON
Request to amend the Newport Beach. General Plan for
Block 600 of Newport Center so as to allow the
construction of a 325 room Four Seasons Hotel with
related hotel and service facilities including
ballrooms, meeting rooms, cocktail lounges and
restaurants.
AND
INEW
Item #5
DRAFT EIR
AND
Item #6
GPA 82 -2'
AND
Request to consider revocation proceedings on Use Item #4
Permit No. 1434 that permitted the sale. of alcoholic
beverages in conjunction with "Novak's Place" (formerly
Zubies ") in the C -1 District.
LOCATION: Lot No. 2, Block 0, Tract No, 323, located USE PERMIT
at 2920 East Coast Highway, on the NO. 1434
northeasterly side of East Coast Highway, Revoca-
between Heliotrope Avenue and Iris Avenue, tion
in Corona del Mar.
ZONE: C-
APPLICANT: Robert Novak, Corona del Mar
OWNER: Mary Klohs, Dana Point
INITIATED
BY: The City of Newport Beach
Motion
All Ayes
Jim Hewicker, Planning Director stated that staff has
recommended removal from calendar in conjunction with
this item.
X Motion was made for the removal of calendar of Use
x x x x x * Permit No. 1434 (Revocation), which MOTION CARRIED.
Acceptance of an Environmental Impact Report for
General Plan Amendment No. 82 -2 (Four Seasons) so to
allow the construction of a 325 room hotel with related
hotel and service facilities including ballrooms, .
meeting rooms, cocktail lounges and restaurants.
INITIATED
BY: The City of Newport Beach
WON
Request to amend the Newport Beach. General Plan for
Block 600 of Newport Center so as to allow the
construction of a 325 room Four Seasons Hotel with
related hotel and service facilities including
ballrooms, meeting rooms, cocktail lounges and
restaurants.
AND
INEW
Item #5
DRAFT EIR
AND
Item #6
GPA 82 -2'
AND
Request to consider a Traffic Study to allow the
construction of a Four Seasons Hotel.
ERM
Request to resubdivide a portion of an existing lot
into. four numbered parcels and two lettered parcels.
Parcel No. 1 is for parking related to the Wells Fargo
Building; Parcel No. 2 is for off -site Four Seasons
Hotel parking; Parcel No. 3 is for the hotel site;
Parcel No. 4 is for existing parking related to
existing office /commercial uses; Parcel No. "A" is for
a private street and Parcel "B" is for landscaping and
sign purposes.
m
Request for Planning Commission's approval of Site Plan
Review No. 32 for the proposed 325 unit Four Seasons
Hotel in Newport Center. As required by the Newport
Beach General Plan, a detailed review of the proposed
site plan must be conducted to fully. evaluate the GPA
request and related applications. The site plan review
will also determine the parking requirements by a
demonstrated formula and includes the acceptance of two
off -site parking agreements. This proposal also .
includes modifications to the zoning Code so as to
allow the use of compact car spaces and spaces which
are not independently accessible, and two oversized
wall signs.
MINUTES
INDEX
Item #7
TRAFFIC
STUDY
Item #8.
RESUB-
DIVISION
NO. 752
Item #9
SITE.PLAN
REVIEW
NO. 32,
LOCATION: A portion of Lot 22, Tract No. .6015 APPROVED
located at 600 Newport Center. Drive, on CONDI_
the northeasterly corner of Newport Center TIONALLY
Drive and Santa Cruz Drive, in Newport
Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Newport Beach
OWNER: The Irvine Company, Newport Beach
Mr. Dave Neish, representing Four Seasons Hotel Limited
stated that at the last Planning Commission meeting
they (Four Seasons Hotel Limited), identified eight (8)
Conditions of Approval which they were objecting to.
They have since resolved four of those conditions and
still have four conditions they are objecting to.
August 4, 1983
m C m
j O N City of Newport Beach
Request to consider a Traffic Study to allow the
construction of a Four Seasons Hotel.
ERM
Request to resubdivide a portion of an existing lot
into. four numbered parcels and two lettered parcels.
Parcel No. 1 is for parking related to the Wells Fargo
Building; Parcel No. 2 is for off -site Four Seasons
Hotel parking; Parcel No. 3 is for the hotel site;
Parcel No. 4 is for existing parking related to
existing office /commercial uses; Parcel No. "A" is for
a private street and Parcel "B" is for landscaping and
sign purposes.
m
Request for Planning Commission's approval of Site Plan
Review No. 32 for the proposed 325 unit Four Seasons
Hotel in Newport Center. As required by the Newport
Beach General Plan, a detailed review of the proposed
site plan must be conducted to fully. evaluate the GPA
request and related applications. The site plan review
will also determine the parking requirements by a
demonstrated formula and includes the acceptance of two
off -site parking agreements. This proposal also .
includes modifications to the zoning Code so as to
allow the use of compact car spaces and spaces which
are not independently accessible, and two oversized
wall signs.
MINUTES
INDEX
Item #7
TRAFFIC
STUDY
Item #8.
RESUB-
DIVISION
NO. 752
Item #9
SITE.PLAN
REVIEW
NO. 32,
LOCATION: A portion of Lot 22, Tract No. .6015 APPROVED
located at 600 Newport Center. Drive, on CONDI_
the northeasterly corner of Newport Center TIONALLY
Drive and Santa Cruz Drive, in Newport
Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Newport Beach
OWNER: The Irvine Company, Newport Beach
Mr. Dave Neish, representing Four Seasons Hotel Limited
stated that at the last Planning Commission meeting
they (Four Seasons Hotel Limited), identified eight (8)
Conditions of Approval which they were objecting to.
They have since resolved four of those conditions and
still have four conditions they are objecting to.
MINUTES
INDEX
Listed below are the condition numbers and their
responses:
Condition No. 29: Concern regarding this particular
condition was mentioned because of the fact that it is
indicated on Page 94 of the Environmental Impact
Report, "That turnouts shall be required but bus
turnouts were.not necessary unless on- street bus stops
are banned throughout Newport Center." One of the main
reasons why Four Seasons is concerned about this is the
aesthetics. It is felt that as opposed to having bus
turnouts it is more advantageous to have landscaping in
said areas. Mr. Neish further stated that perhaps an
amended condition on bus turnouts, shelters or bus
stops should be considered where the Four Seasons would
continue to work with staff and the Orange County
Transit District, and that their requirements would be
acceptable to Four Seasons.
In response to a question posed by Commissioner
Kurlander, Mr. Neish stated that if the present
right -of -way is not adequate to accommodate these bus
turnouts he would have no objection to make whatever
provisions are necessary for dedication either on -site
or off -site.
Regarding the.conditions for traffic signals, the first
area of concern is in the Environmental Impact Report
which contains an independent traffic, analysis and
traffic study for the Traffic Phasing Ordinance that
was prepared by the City's Traffic Consultant. The
consultant concluded that the warrants were unnecessary
for any of the three signals where staff is suggesting
that one be installed and two others be bonded at this
time.
Mr. Neish stated that the Planning Commission and City
Council have been having conversations with the Irvine
Company regarding affordable, housing that will be
coming about at some time in the near future in the
Newport Village area. As a result of this, some of the
residential densities may be higher than those that
were originally anticipated for that particular area in
Newport Center. Mr. Neish further stated that he feels
that because of future developments .increasing, maybe
there is a reason why they should get these traffic
signals. It is felt by Four Seasons Hotel Limited that
because they are before the Commission now, it is a
convenient way to get these traffic signals. Four
Seasons feels that the appropriate avenue to being
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Listed below are the condition numbers and their
responses:
Condition No. 29: Concern regarding this particular
condition was mentioned because of the fact that it is
indicated on Page 94 of the Environmental Impact
Report, "That turnouts shall be required but bus
turnouts were.not necessary unless on- street bus stops
are banned throughout Newport Center." One of the main
reasons why Four Seasons is concerned about this is the
aesthetics. It is felt that as opposed to having bus
turnouts it is more advantageous to have landscaping in
said areas. Mr. Neish further stated that perhaps an
amended condition on bus turnouts, shelters or bus
stops should be considered where the Four Seasons would
continue to work with staff and the Orange County
Transit District, and that their requirements would be
acceptable to Four Seasons.
In response to a question posed by Commissioner
Kurlander, Mr. Neish stated that if the present
right -of -way is not adequate to accommodate these bus
turnouts he would have no objection to make whatever
provisions are necessary for dedication either on -site
or off -site.
Regarding the.conditions for traffic signals, the first
area of concern is in the Environmental Impact Report
which contains an independent traffic, analysis and
traffic study for the Traffic Phasing Ordinance that
was prepared by the City's Traffic Consultant. The
consultant concluded that the warrants were unnecessary
for any of the three signals where staff is suggesting
that one be installed and two others be bonded at this
time.
Mr. Neish stated that the Planning Commission and City
Council have been having conversations with the Irvine
Company regarding affordable, housing that will be
coming about at some time in the near future in the
Newport Village area. As a result of this, some of the
residential densities may be higher than those that
were originally anticipated for that particular area in
Newport Center. Mr. Neish further stated that he feels
that because of future developments .increasing, maybe
there is a reason why they should get these traffic
signals. It is felt by Four Seasons Hotel Limited that
because they are before the Commission now, it is a
convenient way to get these traffic signals. Four
Seasons feels that the appropriate avenue to being
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treated fairly would be to pay their pro -rated share of
these signals. The traffic generated per day, 3,250
trips, is a. very small amount of traffic to tie three
3) traffic signals to. What Four Seasons is
advocating is that they don't mind paying their share
of what they are contributing to a particular
intersection.
In regards to the Economic Analysis, Mr. Neish stated
that at the last Planning Commission meeting it was
mentioned that Four Seasons will contribute $1,000,000
a year of net revenue to the City of Newport Beach and
how this was to be substantiated. Mr. Neish stated
that there are four (4) avenues by which the City
receives revenue: the first being property tax - In the
City of Newport Beach share for the Four Seasons Hotel,
on the property tax, on an annual basis, would be
81,057 per year, the second being sales tax - the
sales tax that would be generated would be $3,282,500,
the amount of sales from Four Seasons. The procedure
done to achieve this amount is based on a per room
basis, at an annual cost of $10,100 per year. The
City's incremental share iof these totals would be
132,825. Another question asked at the last Planning
Commission meeting was asked regarding how much would
the merchants of Fashion Island benefit by this hotel?
What Four Seasons has done is taken the $3.2 million
figure with an allocated 75% of that, which is felt
would be spent directly in Newport Center, so they feel
it is fair to assume that the merchants of Fashion
Island and Newport Center would have an additional $2.4
million per year.
The third area is the occupancy tax and based on the
city's 68 share it would be $810,000 a year. As it is
known, the City is deliberating increasing that to 8 %.
If it were in fact 8 %, that figure would be $1,000,080
a year or an increase of $270,000 over the 6 %. The
other revenue, such as business taxes, cigarette taxes,
municipal fees, traffic tickets, amounts to $11,430 per
year which comes to a grand total of.$1,000,040, or if
the 8% bed tax is used it comes to $1.3 million. For
the expenditures the Four Seasons has put in $28,310
per year which is an average cost per acre. The net
surplus of $1,012,427 is the net revenue to the City,
and using the 86 bed tax would be $1,282,477. This is
based on 325 rooms at an average rate of $150 a night.
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In response to Chairman King's comment on corrections
to figures, Bob Lenard, Advance Planning Administrator,
stated that there is an error in the cost revenue
figures in the staff report (page 4), under the Revenue
column for the Original City Fiscal Analysis System,
which should read $469,910, instead of $716,816; under
the Net Revenues column it should read $356,985 instead
of $603,891; and the $648,986 figure should read
402,080 which puts the analysis of the hotel under the
revised fiscal analysis system within $30,000 or
40,000 of the City's original system. In addition,
referring to page 23 in the staff report, Condition No.
34 should read "...unless it is determined for certain
areas that they are not appropriate for safety or
security reasons." On page 24, Condition No. 42 should
be deleted since it is redundant.
Mr. Hewicker, Planning Director, addressed two other
conditions. On page 22, Condition No. 32 should be
read, "That a.system shall be designed to trap kitchen
grease and incorporate it into the hotel site design,
The other condition is on page 23., Condition No.
39 which should read, "That the hotel shall provide and
encourage transportation to the John Wayne Airport..."
In response to a question posed by Chairman King,
Mr. Nolan, Public Works Director stated that
supplementary written material has been provided to the
Planning Commission on both the traffic signals and the
bus turnouts. With respect to the bus turnouts, it is
felt by the Public Works .Department that they are
needed, and that they have discussed the matter further.
with the Orange County Transit District as a result of
the concern that has been expressed about the wording.
Mr. Nolan further stated that the reason for the
conflict is because Newport Center Drive and San
Joaquin Hills Road have no parking. lanes and it is not
desirable to allow bus stops in the travel lanes.
Therefore, Public Works recommends that bus turnouts be
provided. For this reason Mr. Nolan would modify
Condition No. 29, page 15,.by striking the reference to
or Santa Cruz Drive ", since there is not an interest
on the part of the District in providing a bus stop on
Santa Cruz Drive.
Mr. Nolan stated that with regard to the traffic
signals Mr. Neish's comment is fair in saying that
there are other areas in Newport Center that share in
the traffic generation and if it can be accomplished,
can share in the responsibility for providing the
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signals. The Conditions of Approval related to traffic
signals are Nos. 40, 41 and 42 on pages 16 and 17.
Condition No. 42 already contains language indicating
that the applicant's share can be reduced by
contributions from other projects in the vicinity
within the five year time frame.
In response to a question posed by Commissioner Goff,
Mr. Wes Pringle, Traffic Consultant, stated that the
reason why studies were done at the Four Seasons in
Dallas and in Houston was that the proponent felt that
their hotel was different than the other hotels. In
order to attempt to verify this, Four Seasons suggested
that they look at and collect data on similar
facilities.
In response to Commissioner Winburn's comment,
Mr. Neish stated that re- inserting language stating
that "the applicant shall obtain an additional
agreement for overflow parking during peak periods and
special events" in Condition No. 9 would be agreeable
with him.
In response to a question posed by Commissioner
McLaughlin, Mr. Hewicker stated that many conditions
were changed because when the parking requirement was
changed it eliminated the need for a lot, of other
wording changes to the first set of conditions.
Motion was made for approval of the Draft Environmental
Impact Report, subject to Findings in Exhibit "A ",
which MOTION CARRIED.
XI I Motion was
MOTION
ma
which
approval
CARRIED.
f General Plan Amendment
No. 8
Motion was made for approval of Traffic Study, subject
to Findings and Conditions in Exhibit "A ", which MOTION
CARRIED.
Motion was made for the approval of Resubdivision
No. 752, subject to modifications of the following
Findings and Conditions in Exhibit "A ":
Condition No. 29, page 15: That language be added
stating that if additional right -of -way is required,
the applicant will provide the additional right -of -way
for the bus turnouts and shelters. In addition, the
reference to Santa Cruz Drive was deleted.
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Condition No. 41, pages 16 and 17: That Condition
No. 41 be worded like Condition No. 42 is worded which
gives the applicant some possibility to recover their
contributions within the five year period from other
projects.
Motion for approval of Resubdivision No. 752 with the
amended conditions was now voted on, which MOTION
CARRIED.
Motion was made for approval of Site Plan Review
No. 32, subject to.Findings and Conditions with changes
in:
Condition No. 32, page 22, to read, "That a system
shall be designed 'to trap kitchen grease..." 1 11
Condition No. 34, page 23, to read, "...areas that they
are not appropriate for safety or security reasons."
I I ( ( I (,
Condition No. 39, page 23, to read, "That the hotel
shall provide and encourage transportation to the John
Wayne Airport for hotel patrons."
Condition No. 9, page 19, to return Condition No. 9 to
I i its original state with the deletion of the number, of
parking spaces.
Condition No. 42, page 24, to be deleted.
Motion for approval of Site Plan Review No. 32 was now
voted on, which MOTION CARRIED. .
A. ENVIRONMENTAL IMPACT REPORT
FINDINGS
1. That the environmental document is complete and
has been prepared in compliance with the
California Environmental Quality Act (CEQA),
the State CEQA Guidelines and City Policy.
2. That the contents of the environmental document
have been considered in the various decisions
on this project.
3. That in order to reduce adverse impacts of the
proposed project, all feasible mitigation
measures discussed in the environmental
document have been incorporated into the
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Condition No. 41, pages 16 and 17: That Condition
No. 41 be worded like Condition No. 42 is worded which
gives the applicant some possibility to recover their
contributions within the five year period from other
projects.
Motion for approval of Resubdivision No. 752 with the
amended conditions was now voted on, which MOTION
CARRIED.
Motion was made for approval of Site Plan Review
No. 32, subject to.Findings and Conditions with changes
in:
Condition No. 32, page 22, to read, "That a system
shall be designed 'to trap kitchen grease..." 1 11
Condition No. 34, page 23, to read, "...areas that they
are not appropriate for safety or security reasons."
I I ( ( I (,
Condition No. 39, page 23, to read, "That the hotel
shall provide and encourage transportation to the John
Wayne Airport for hotel patrons."
Condition No. 9, page 19, to return Condition No. 9 to
I i its original state with the deletion of the number, of
parking spaces.
Condition No. 42, page 24, to be deleted.
Motion for approval of Site Plan Review No. 32 was now
voted on, which MOTION CARRIED. .
A. ENVIRONMENTAL IMPACT REPORT
FINDINGS
1. That the environmental document is complete and
has been prepared in compliance with the
California Environmental Quality Act (CEQA),
the State CEQA Guidelines and City Policy.
2. That the contents of the environmental document
have been considered in the various decisions
on this project.
3. That in order to reduce adverse impacts of the
proposed project, all feasible mitigation
measures discussed in the environmental
document have been incorporated into the
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proposed project. Specific economic, social or
other considerations make .infeasible any other
potential mitigation measures or alternative to
the proposed project.
4. That the mitigation measures have been
incorporated into the proposed project and are
expressed as conditions of approval. .
The findings made in regards to approval of the
Four Seasons Hotel GPA 82 -2" project EIR apply
also to the approval of the General Plan Amendment,
Resubdivision No. 752 and Site Plan Review No. 32.
B. GENERAL PLAN
1. Adopt Resolution No. recommending an
amendment to the Land Use Element of the
General Plan to the City Council as proposed by
the applicant, further recommending that the
Four Seasons.Hotel contribute a negotiated sum
of money approved by the City Council towards
the construction of circulation systems
improvements, and incorporating all revisions
adopted by the Planning Commission and
incorporating the Findings listed in "A" above
of this Exhibit related to this portion of the
project.
C. TRAFFIC STUDY
FINDINGS
1. That the Traffic Study has been prepared which
analyzes the impact of the proposed project on
the circulation system in accordance with
Chapter 15.40 of the Newport Beach Municipal
Code and City Policy'S -1.
2. That the Traffic Study indicates that the
project- generated traffic will be greater than
one percent of existing traffic during the 2.5
hour peak period on any leg of the critical
intersections, and will add to an
unsatisfactory level of traffic service at
critical intersection which will have an
Intersection Capacity Utilization of greater
than .90.
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proposed project. Specific economic, social or
other considerations make .infeasible any other
potential mitigation measures or alternative to
the proposed project.
4. That the mitigation measures have been
incorporated into the proposed project and are
expressed as conditions of approval. .
The findings made in regards to approval of the
Four Seasons Hotel GPA 82 -2" project EIR apply
also to the approval of the General Plan Amendment,
Resubdivision No. 752 and Site Plan Review No. 32.
B. GENERAL PLAN
1. Adopt Resolution No. recommending an
amendment to the Land Use Element of the
General Plan to the City Council as proposed by
the applicant, further recommending that the
Four Seasons.Hotel contribute a negotiated sum
of money approved by the City Council towards
the construction of circulation systems
improvements, and incorporating all revisions
adopted by the Planning Commission and
incorporating the Findings listed in "A" above
of this Exhibit related to this portion of the
project.
C. TRAFFIC STUDY
FINDINGS
1. That the Traffic Study has been prepared which
analyzes the impact of the proposed project on
the circulation system in accordance with
Chapter 15.40 of the Newport Beach Municipal
Code and City Policy'S -1.
2. That the Traffic Study indicates that the
project- generated traffic will be greater than
one percent of existing traffic during the 2.5
hour peak period on any leg of the critical
intersections, and will add to an
unsatisfactory level of traffic service at
critical intersection which will have an
Intersection Capacity Utilization of greater
than .90.
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3. That the Traffic Studies suggest several
circulation system improvements which will
improve the level of traffic service to an
acceptable level at all critical intersections.
4. That the proposed project, including
circulation system improvements, will neither
cause nor make worse an unsatisfactory level of
traffic service on any "major ",
primary- modified" or "primary" street.
CONDITIONS
1. That prior to the .occupancy of any portion of
the project facilities the Circulation System
improvements described in Table 8, page 14 of
the Appendix D "Traffic Analysis" of the "Draft
EIR Four Seasons Hotel - GPA 82 -2" shall have
been made (unless subsequent project approval
require modification thereto). The Circulation
System Improvements shall be subject to the
approval of the City Traffic Engineer.
2. That prior to the issuance of any building
permit for the project the applicant shall pay
their "fair share" of the ultimate improvements
to the City's Circulation System as may be
determined by the City.
D. RESUBDIVISION NO. 752
FINDINGS
1. That the map meets the requirement of Title 19
of the Newport Beach Municipal Code, all
ordinances of the City, all applicable general
or specific plans and the Planning Commission
is satisfied with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a.planning standpoint.
3. That the Findings listed in "A" of this Exhibit
are made related to this portion of the
project.
I I( I. 11( I CONDITIONS
1. That a parcel map be recorded.
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2. Development of the site shall be subject to a
grading permit to be approved by the Building
and Planning Departments.
3. That a grading plan, if required, shall include
a complete plan for temporary and permanent
drainage facilities, to minimize any potential
impacts from silt, debris, and other water
pollutants.
4. The grading permit shall include, if required,
a description of haul routes, access points to
the site, watering, and sweeping program
designed to minimize impact of haul operations.
5. An erosion, siltation and dust control plan, if
required, shall be submitted and be subject to
the approval of the Building Department and a
copy shall be forwarded to the California
Regional Water Quality Control Board, Santa Ana
Region.
6..The velocity of concentrated run -off from the
project shall be evaluated and erosive
velocities controlled as a part of the project
design.
7. That grading shall be conducted in accordance
with plans prepared by a Civil Engineer and
based on recommendations of a soil engineer and
an engineering geologist subsequent to the
completion of a comprehensive soil and geologic
investigation of the site. Permanent
reproducible copies of the "Approved as Built"
grading plans on standard size sheets shall be
furnished to the Building Department.
8. That erosion control measures shall be done on
any exposed slopes within thirty days after
grading or as approved by the Grading Engineer.
9. Control of infiltration to the groundwater
system for the project shall be provided as
part of the project design.
111111111 10. That existing on -site drainage facilities shall
be improved or updated to the satisfaction of
the Public Works and Building Department.
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11. Any modification of existing on -site, drainage
systems or extensions of culverts for
contributory drainage from surrounding areas
shall be studies during project design and
necessary improvements installed in conformance
with local ordinances and accepted engineering
practices and in a manner acceptable to the
City Public Works and Building Departments.
12. A qualified archaeologist or paleontologist
shall evaluate the site prior to commencement
of construction activities, and that all work
on the site be done in accordance with the
City's Council Policies K -5 and K -6.
13. Prior to the issuance of any grading permits,
ro
the applicant shall waive the portions of
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11. Any modification of existing on -site, drainage
systems or extensions of culverts for
contributory drainage from surrounding areas
shall be studies during project design and
necessary improvements installed in conformance
with local ordinances and accepted engineering
practices and in a manner acceptable to the
City Public Works and Building Departments.
12. A qualified archaeologist or paleontologist
shall evaluate the site prior to commencement
of construction activities, and that all work
on the site be done in accordance with the
City's Council Policies K -5 and K -6.
18 -
13. Prior to the issuance of any grading permits,
the applicant shall waive the portions of
AB 952 related to the City of Newport Beach
responsibilities for mitigation of
archaeological impacts, in a manner acceptable
to the City Attorney:
14. Fugitive dust emissions during construction
shall be minimized by watering the site for
dust control, containing excavated soil onsite
until it is hauled away, and periodically
washing adjacent streets to remove accumulated
materials.
15. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. The landscape plan shall integrate
and phase the installation of landscaping with
the proposed construction schedule. (Prior to
the occupancy of any structure, the licensed
landscape architect shall certify to the
Planning Department that the landscaping has
been installed in accordance with the prepared
plan).
16. The landscape plans shall be subject to the
review of the Parks, Beaches and Recreation
Department and approval of the Planning and
Public Works Departments.
17. The landscape plan shall include a maintenance
program which controls the use of fertilizers
and pesticides.
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18. The landscape plan shall place heavy emphasis
on the use of drought- resistant native
vegetation and be irrigated with a system
designed to avoid surface runoff and
over- watering.
19. The landscape plan shall place heavy emphasis
on fire - retardant vegetation.
20. Street trees shall be provided along the public
streets as required by the Public Works
Department and the Parks, Beaches and
Recreation Department.
21. Landscaping shall be regularly maintained free
of woods and debris. All vegetation shall be
regularly trimmed and kept in a healthy
condition.
22. Parking areas shall be paved early during the
construction period. Said timing shall be
approved by the Grading Engineer and Planning
Department.
23. Prior to issuance of any grading and /or
building permits the applicant shall deposit
with the City Finance Director the sum
proportional to the percentage of future
additional traffic related to the project in
the subject area, to be used for the
construction of a sound attenuation barrier on
the southerly side of West Coast Highway in the
West Newport area. -
24. Prior to issuance of any grading and /or
building permits the applicant shall deposit
with the City Finance Director the sum
proportional to the percentage of future
additional traffic related to the project in
the subject area, to be used for the
construction of a sound attenuation barrier on
the westerly side of Jamboree Road between
Eastbluff Drive (No.) and Ford Road.
25. Prior to issuance of any grading and /or
building permits the applicant shall deposit
with the City Finance Director the sum
proportional to the percentage of future
additional traffic related to the project in
the subject area, to he used for the
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construction of a sound attenuation barrier on
the southerly side of East Coast Highway in the
Irvine Terrace area.
26. That prior to the issuance of any building
permits a specific, soils and foundation study
shall be prepared and approved by the.BUilding
Department.
27. The following disclosure statement of the City
of Newport Beach's policy regarding the John
Wayne Airport shall be included in all leases
or sub- leases for space in the project and
shall be included in any Covenants Conditions,
and Restrictions which may be recorded against
any undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns,
herein, acknowledge that:
a) The John Wayne Airport may not be able to
provide adequate air service for business
establishments which rely on such service;
b) When an alternate air facility is available, a
complete phase out of jet service may occur at
the John Wayne Airport;
c) The City of Newport Beach will continue to
oppose additional commercial area service
expansions,at the John Wayne Airport;
d) Lessee, his heirs, successors and assigns, will
not actively oppose any action taken by the
City of Newport Beach to phase out or limit jet
air service at the John Wayne Airport.
28. That all conditions of the approved Traffic
Study be met.
29. Bus turnouts and shelters shall be installed on
Newport Center Drive and on San Joaquin Hills
Road at locations approved by the Traffic
Engineer and the Orange County Transit
District. The shelters shall be located
outside the right -of -way. If additional
right -of -way is required, the applicant will
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provide the additional right -of -way for the bus
turnouts and shelters.
30. That a sidewalk connecting Center Drive with
Newport Center Dr. on or adjacent to the
easterly property lines of Parcels No. 2,and 3
of Resubdivision No. 752 shall be provided in a
manner approved by the Planning and Public
Works Departments. If the sidewalk is on
adjacent property it shall be guaranteed in a
manner acceptable 'to the City Attorney's
office.
31.. Sight distance at the intersection of Center
Drive and Santa Cruz Drive shall be provided in
accordance with City Std. Swg. 110 -L with Santa
Cruz Drive as a secondary arterial.
32. A plan shall be submitted for review and
approval of the Traffic Engineer showing how
non -hotel patrons will be kept out of the
parking lot on Parcels 2 and 3 of Resubdivision
No. 752.
33. That the intersection of Center Drive and the
private drives be designed to provide sight
distance for a speed of 25 miles per hour..
Slopes, landscaping, walls and other
obstructions shall be considered in the sight
distance requirements. Landscaping within the
sight distance line shall not exceed
twenty -four inches in height. The sight'
distance requirement may be approximately
modified at non- critical locations, subject to
approval of the Traffic Engineer.
34. That prior to the issuance of a building permit
the applicant shall provide the Building
Department and the Public Works Department with
a letter from the Sanitation District stating
that sewer facilities will be available at the
time of occupancy.
35. That all improvements be constructed as
required by ordinance and the Public Works
Department.
36. That curb access ramps be constructed at the
intersections of Santa Cruz Drive with San
Joaquin Hills Road, Center Drive and Newport
Center Drive.
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37. That the cracked and displaced section of
existing sidewalk and cross gutter along Santa
Cruz Drive be replaced from Newport Center
Drive to San Joaquin Hills Rd.
38. Remove existing drive approach along Newport
Center Drive and replace with curb and gutter.
39. That Santa Cruz Drive be restriped between San
Joaquin Hills Road and Newport Center Drive to
provide for left -turn lanes at San Clemente
Drive /Center Drive. A striping plan shall be
prepared by a licensed Traffic Engineer and
approved by the City Traffic Engineer.
Existing, stripes are to be sandblasted and the
street slurry sealed before restriping.
40. That a traffic signal be installed at the
Newport Center Drive /Santa Cruz Drive
intersection.
41. The applicant shall post a bond to cover the
installation of a traffic signal at the
intersection of Center Drive and Newport Center
Drive if traffic signal warrants are met within
five years after a certificate of occupancy is
issued. The applicant's share can be reduced
by contributions from other projects in the
vicinity within the five year time frame.
42. That a bond be posted to cover the installation
of a traffic signal at the intersection of
Santa Cruz Drive and San Clemente Drive /Center
Drive if traffic signal warrants are met within
5 years after a certificate of occupancy is
issued. The applicant's share can be reduced
by contributions from other projects in the
vicinity within the 5 year time frame.
43. That all vehicular access rights to Newport
Center Drive, Santa Cruz Drive and San Joaquin
Hills Road be released and relinquished to the
City of Newport Beach except for Center Drive
and one drive entrance to Santa Cruz Drive
between Center Drive and Newport Center Drive.
44. That a hydrology and hydraulic study be
prepared and approved by the Public Works
Department, along with a master plan of water,
sewer and storm drain facilities for. the
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on -site improvements prior to recording of the
final map. Any modifications or extensions to
the existing storm drain, water and sewer
systems shown to be required by the study shall
be the responsibility of the developer.
45. That a pedestrian circulation plan be submitted
to the Planning and Public works Departments
for review and approval prior to issuance of a
grading permit. The plan shall include the
extension of the existing 10- foot -wide sidewalk
along Center Drive and Newport Center Drive to
Santa Cruz Drive. The new sidewalk is to be 8'
to 10 feet wide and may pass through the
parking areas. The plan shall also provide a
stairway and /or ramp from the remote parking
lot to the Wells Fargo Building pedestrian
circulation system.
46. That a subdivision agreement and accompanying
surety be provided in order to guarantee
satisfactory completion of the public
improvements, if it is desired to obtain a
building permit or record the parcel map prior
to the completion of the public improvements.
47. Prior to occupancy of any building, the
applicants shall provide written verification
from Orange County .Sanitation, that adequate
sewer capacity is available to serve the
project.
E. SITE PLAN REVIEW NO. 32
FINDINGS
1. The proposed development is consistent with the
General Plan and will not preclude the
attainment of General Plan objectives and
policies.
2. The proposed development will not adversely
affect the benefits of occupancy and use of
existing properties within the area.
3. The proposed, development does not adversely
affect the public benefits derived from
expenditures of public funds for improvement
and beautification of street and public
facilities within the.area.
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on -site improvements prior to recording of the
final map. Any modifications or extensions to
the existing storm drain, water and sewer
systems shown to be required by the study shall
be the responsibility of the developer.
45. That a pedestrian circulation plan be submitted
to the Planning and Public works Departments
for review and approval prior to issuance of a
grading permit. The plan shall include the
extension of the existing 10- foot -wide sidewalk
along Center Drive and Newport Center Drive to
Santa Cruz Drive. The new sidewalk is to be 8'
to 10 feet wide and may pass through the
parking areas. The plan shall also provide a
stairway and /or ramp from the remote parking
lot to the Wells Fargo Building pedestrian
circulation system.
46. That a subdivision agreement and accompanying
surety be provided in order to guarantee
satisfactory completion of the public
improvements, if it is desired to obtain a
building permit or record the parcel map prior
to the completion of the public improvements.
47. Prior to occupancy of any building, the
applicants shall provide written verification
from Orange County .Sanitation, that adequate
sewer capacity is available to serve the
project.
E. SITE PLAN REVIEW NO. 32
FINDINGS
1. The proposed development is consistent with the
General Plan and will not preclude the
attainment of General Plan objectives and
policies.
2. The proposed development will not adversely
affect the benefits of occupancy and use of
existing properties within the area.
3. The proposed, development does not adversely
affect the public benefits derived from
expenditures of public funds for improvement
and beautification of street and public
facilities within the.area.
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4. The proposed development promotes the
maintenance of superior site location
characteristics adjoining major thoroughfares
of City -wide importance.
5. That the Findings listed in "A" of this Exhibit
are made to this portion of the project.
6. Adequate parking spaces and related vehicular
circulation will be provided in conjunction
with the proposed:.development.
7. The off -site parking areas are so located as to
be useful in .conjunction with the proposed uses
on the building sites.
8. Parking on such lots will not ,create undue
traffic hazards in the surrounding area.,
9. Such lots and the building site are in the same
ownership.
10. The owner and the City, upon the approval of.
City Council will execute a written instrument
of instruments, approved as to form and content
by the City Attorney , .providing for the
maintenance of the required off - street parking
on such lots for the duration of the proposed
use or uses.on the building site or sites.
1. That development shall be in substantial
conformance with the approved site plan, sign
plans, floor plans, and elevations, except as
noted in the conditions of approval.
2. That all conditions of the approved Traffic
Study be met.
3. That the conditions of Resubdivision No. 752 be
met.
4—Construction to meet .the requirements of
the Uniform Building Code & California
Administrative Code - Titles 19 & 24.
5. Any construction on the site should be done in
accordance with the height restriction for the
area. Said should apply to any landscape
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materials,. signs, flags, etc. as well as
structures.
6. That within fifteen feet of the Newport Center
Drive and of Santa Cruz Drive property lines
that no fence or combination retaining wall and
fence be higher than curb height.
7. That a minimum twenty feet (201) landscape
buffer be maintained between the tennis court
fence and property line along Newport Center
Drive.
8. That within seventy -five feet of the hotel the
proposed five and one -half feet (W) stucco
wall along Newport Center Drive shall be
permitted within 11 feet of the property line
and a screened retaining wall shall be
permitted.
9. The project applicant shall obtain an agreement
to utilize adjacent parking facilities during
the construction period. The applicant shall
obtain an additional agreement for overflow
parking during peak periods, and for special
events. Said agreement(s) shall be reviewed
and approved by the City Attorney and Planning
Department prior to the issuance of any
building or grading permits.
10. That the Hotel provide a total of 369 standard
size parking spaces on -site (Parcel No. 3) and
off -site on Parcel No. 2. If additional
parking is required, the parking plan may be
modified to increase the number of spaces by
allowing up. to 258 compact spaces, subject to .
the approval of the Planning Commission.
11. That parking spaces .shall be provided for
handicapped persons. The number and location
of these spaces shall be provided in a manner
approved by the City Traffic Engineer and
Building Department.
12. (Deleted by Staff) I
13. That a plan for tandem parking for both normal
operations and peak periods shall be reviewed
and approved by the City Traffic Engineer.
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14. That the final design of all on -site vehicular
and pedestrian circulation, and parking be
reviewed and approved by the City Traffic
Engineer and Planning Department.
15. All parking areas shall be subject to further
review and approval by the Traffic Engineer.
This review shall include, but not be limited
to, the number and location of compact (except
for Hotel) and handicap' spaces, aisle widths,
access control and maximum slope of ramps and
parking areas.
16. No access shall be allowed from Santa Cruz
Drive to the overflow parking. lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
a total of 369 parking spaces shall be provided
for the duration of the .Four Seasons Hotel.
The portion of the 369 total spaces which are
not "on- site" shall be located on Parcel No. 2.
The term of the agreement shall be equal to the.
expected life of all structures within Parcel
No. 3 or Resubdivision No. .752 as may be
determined by the City based upon information
supplied by the applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel
No. 1 for the duration of the Wells Fargo
Building. such spaces shall be within 300 feet
of the office. The term of the agreement shall
be equal to. the expected life of the Wells
Fargo Building as may be determined by the City
based upon information . supplied by the
applicant.
19. That the lighting system shall be designed and
maintained in such a manner as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
prepared and signed by a Licensed Electrical
Engineer; with a letter from the Engineer
stating that, in his opinion, this requirement
has been met.
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14. That the final design of all on -site vehicular
and pedestrian circulation, and parking be
reviewed and approved by the City Traffic
Engineer and Planning Department.
15. All parking areas shall be subject to further
review and approval by the Traffic Engineer.
This review shall include, but not be limited
to, the number and location of compact (except
for Hotel) and handicap' spaces, aisle widths,
access control and maximum slope of ramps and
parking areas.
16. No access shall be allowed from Santa Cruz
Drive to the overflow parking. lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
a total of 369 parking spaces shall be provided
for the duration of the .Four Seasons Hotel.
The portion of the 369 total spaces which are
not "on- site" shall be located on Parcel No. 2.
The term of the agreement shall be equal to the.
expected life of all structures within Parcel
No. 3 or Resubdivision No. .752 as may be
determined by the City based upon information
supplied by the applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel
No. 1 for the duration of the Wells Fargo
Building. such spaces shall be within 300 feet
of the office. The term of the agreement shall
be equal to. the expected life of the Wells
Fargo Building as may be determined by the City
based upon information . supplied by the
applicant.
19. That the lighting system shall be designed and
maintained in such a manner as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
prepared and signed by a Licensed Electrical
Engineer; with a letter from the Engineer
stating that, in his opinion, this requirement
has been met.
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Ion Beach
20. The applicant shall provide energy - conserving
street and parking lot lighting and minimize
decorative or non - functional lighting in a
manner acceptable to Planning Director.
21. A lighting plan shall be submitted for review
by the Police Department to ensure adequate
lighting of pedestrian walkways and parking
areas.
22. The proposed project shall incorporate an
internal security system (i.e. security guards,
alarms, access limits after hours) that shall
be reviewed by the Planning Department.'
23.. (Deleted by Staff)
24. That all buildings on the project site shall be
equipped with fire suppression systems approved
by the Fire Department.
25. That all access to the buildings be approved by
the Fire Department.
26. That all on -site fire protection (hydrants and
Fire Department connections) shall be approved
by the Fire and Public Works Departments.
27. That fire vehicle access shall. be approved by
the Fire Department.
28. On -site water mains and fire hydrants locations
are to be approved by the Fire and Public Works
Departments.
29. (Deleted by Staff)
30. Final design of the project shall provide for
the incorporation of water- saving devices for
project lavatories and other water -using
facilities.
31. The project shall incorporate the use of
alternative energy technology into building
designs and systems for heating pools and spas
at the hotel. Prior to the issuance of any
building permit for said the applicant shall
demonstrate to the satisfaction of the Planning
Director that the concerns of this condition
have been meta
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32. That a system shall be designed to trap kitchen
grease and incorporated into the hotel site
design, to the satisfaction of the City of
Newport Beach Building and utilities
Departments. The location of the grease trap
shall be easily accessible and a city
representative shall be allowed access to
inspect the system at all times. The applicant
shall also supply to the City for approval a
grease trap maintenance program that provides
for ongoing maintenance and inspections.
33. That the proposed building identification logo
as shown on the easterly and westerly
elevations between the roof and the sixteenth
floor shall not be internally illuminated.
34. Openable windows for guest rooms shall be used
to allow cooling by normal breezes unless it is
determined for certain areas that they are not
appropriate for safety or security, reasons.
35. Interior noise levels in the proposed project
shall not exceed 45 CNEL in any habitable
space.
36. Prior to the issuance of building permits, a
program for the sorting of recyclable material
form solid wastes shall be developed and
approved by the Planning Department. (Amended
by Staff)
37. All proposed development shall provide for
weekly vacuum sweeping of all surface parking
areas.
38. The applicant shall plan and implement a
program to encourage the use of high- occupancy
vehicles and alternate transportation modes for
employees and visitors to the Four Seasons
Hotel, in a manner acceptable to the Planning
Director. Said .program shall include hotel
employees being encouraged to use the OCTD
Transit system through the provision of
subsidized bus passes or other appropriate
means.
39. That the hotel shall provide and encourage
transportation to the John Wayne Airport for
hotel patrons shall be provided and encouraged.
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40. That any rooftop or other mechanical equipment
shall be sound attenuated in such a manner as
to achieve a maximum sound level of 55 dBA at
the property line and that any mechanical
equipment and emergency power generators shall
be screened from view.
41. Signage and exterior lighting shall be of
similar design theme throughout the project and
shall be approved by the Planning and Public
Works Departments,.
42. (Deleted by Staff)
43. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic fire sprinkler
protection.
x x
The Planning Commission recessed at 9:05 p.m. and
reconvened at 9:15 p.m.
At this time Commissioner Kurlander stated that he was
surprised to see that there was only one (1) adverse
comment for the Four Seasons project, which was just
approved. Commission Kurlander further stated he feels
if there are people who are going to complain about a
project, they should complain at the Planning
Commission meeting first and not at the City Council
level. If these people complain at the Council without
going to the Planning Commission, the Council should
admonish those persons for not making their objections
known to the Commission.
Commissioner McLaughlin, Commissioner Person, and
Chairman King concurred with Commissioner Kurlander's
statement.
Planning Director Hewicker stated that during the
recess, he received two more continuances. Items No.
15 and 16, Le Bistro, was the first request with Mr.
Steve Stern, representing the applicant, requesting a
two week continuance to the meeting of August 18, 1983,
in order to respond to comments of the staff report
which they had just received this evening.
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August 4, 1983'
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40. That any rooftop or other mechanical equipment
shall be sound attenuated in such a manner as
to achieve a maximum sound level of 55 dBA at
the property line and that any mechanical
equipment and emergency power generators shall
be screened from view.
41. Signage and exterior lighting shall be of
similar design theme throughout the project and
shall be approved by the Planning and Public
Works Departments,.
42. (Deleted by Staff)
43. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic fire sprinkler
protection.
x x
The Planning Commission recessed at 9:05 p.m. and
reconvened at 9:15 p.m.
At this time Commissioner Kurlander stated that he was
surprised to see that there was only one (1) adverse
comment for the Four Seasons project, which was just
approved. Commission Kurlander further stated he feels
if there are people who are going to complain about a
project, they should complain at the Planning
Commission meeting first and not at the City Council
level. If these people complain at the Council without
going to the Planning Commission, the Council should
admonish those persons for not making their objections
known to the Commission.
Commissioner McLaughlin, Commissioner Person, and
Chairman King concurred with Commissioner Kurlander's
statement.
Planning Director Hewicker stated that during the
recess, he received two more continuances. Items No.
15 and 16, Le Bistro, was the first request with Mr.
Steve Stern, representing the applicant, requesting a
two week continuance to the meeting of August 18, 1983,
in order to respond to comments of the staff report
which they had just received this evening.
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Motion
All Ayes
Jim Hewicker, Planning Director stated that staff has
recommended removal from calendar in conjunction with
this item.
X Motion was made for the removal of calendar of Use
x x x x x * Permit No. 1434 (Revocation), which MOTION CARRIED.
Acceptance of an Environmental Impact Report for
General Plan Amendment No. 82 -2 (Four Seasons) so to
allow the construction of a 325 room hotel with related
hotel and service facilities including ballrooms, .
meeting rooms, cocktail lounges and restaurants.
INITIATED
BY: The City of Newport Beach
WON
Request to amend the Newport Beach. General Plan for
Block 600 of Newport Center so as to allow the
construction of a 325 room Four Seasons Hotel with
related hotel and service facilities including
ballrooms, meeting rooms, cocktail lounges and
restaurants.
AND
INEW
Item #5
DRAFT EIR
AND
Item #6
GPA 82 -2'
AND
Request to consider revocation proceedings on Use Item #4
Permit No. 1434 that permitted the sale. of alcoholic
beverages in conjunction with "Novak's Place" (formerly
Zubies ") in the C -1 District.
LOCATION: Lot No. 2, Block 0, Tract No, 323, located USE PERMIT
at 2920 East Coast Highway, on the NO. 1434
northeasterly side of East Coast Highway, Revoca-
between Heliotrope Avenue and Iris Avenue, tion
in Corona del Mar.
ZONE: C-
APPLICANT: Robert Novak, Corona del Mar
OWNER: Mary Klohs, Dana Point
INITIATED
BY: The City of Newport Beach
Motion
All Ayes
Jim Hewicker, Planning Director stated that staff has
recommended removal from calendar in conjunction with
this item.
X Motion was made for the removal of calendar of Use
x x x x x * Permit No. 1434 (Revocation), which MOTION CARRIED.
Acceptance of an Environmental Impact Report for
General Plan Amendment No. 82 -2 (Four Seasons) so to
allow the construction of a 325 room hotel with related
hotel and service facilities including ballrooms, .
meeting rooms, cocktail lounges and restaurants.
INITIATED
BY: The City of Newport Beach
WON
Request to amend the Newport Beach. General Plan for
Block 600 of Newport Center so as to allow the
construction of a 325 room Four Seasons Hotel with
related hotel and service facilities including
ballrooms, meeting rooms, cocktail lounges and
restaurants.
AND
INEW
Item #5
DRAFT EIR
AND
Item #6
GPA 82 -2'
AND
Request to consider a Traffic Study to allow the
construction of a Four Seasons Hotel.
ERM
Request to resubdivide a portion of an existing lot
into. four numbered parcels and two lettered parcels.
Parcel No. 1 is for parking related to the Wells Fargo
Building; Parcel No. 2 is for off -site Four Seasons
Hotel parking; Parcel No. 3 is for the hotel site;
Parcel No. 4 is for existing parking related to
existing office /commercial uses; Parcel No. "A" is for
a private street and Parcel "B" is for landscaping and
sign purposes.
m
Request for Planning Commission's approval of Site Plan
Review No. 32 for the proposed 325 unit Four Seasons
Hotel in Newport Center. As required by the Newport
Beach General Plan, a detailed review of the proposed
site plan must be conducted to fully. evaluate the GPA
request and related applications. The site plan review
will also determine the parking requirements by a
demonstrated formula and includes the acceptance of two
off -site parking agreements. This proposal also .
includes modifications to the zoning Code so as to
allow the use of compact car spaces and spaces which
are not independently accessible, and two oversized
wall signs.
MINUTES
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Item #7
TRAFFIC
STUDY
Item #8.
RESUB-
DIVISION
NO. 752
Item #9
SITE.PLAN
REVIEW
NO. 32,
LOCATION: A portion of Lot 22, Tract No. .6015 APPROVED
located at 600 Newport Center. Drive, on CONDI_
the northeasterly corner of Newport Center TIONALLY
Drive and Santa Cruz Drive, in Newport
Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Newport Beach
OWNER: The Irvine Company, Newport Beach
Mr. Dave Neish, representing Four Seasons Hotel Limited
stated that at the last Planning Commission meeting
they (Four Seasons Hotel Limited), identified eight (8)
Conditions of Approval which they were objecting to.
They have since resolved four of those conditions and
still have four conditions they are objecting to.
August 4, 1983
m C m
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Request to consider a Traffic Study to allow the
construction of a Four Seasons Hotel.
ERM
Request to resubdivide a portion of an existing lot
into. four numbered parcels and two lettered parcels.
Parcel No. 1 is for parking related to the Wells Fargo
Building; Parcel No. 2 is for off -site Four Seasons
Hotel parking; Parcel No. 3 is for the hotel site;
Parcel No. 4 is for existing parking related to
existing office /commercial uses; Parcel No. "A" is for
a private street and Parcel "B" is for landscaping and
sign purposes.
m
Request for Planning Commission's approval of Site Plan
Review No. 32 for the proposed 325 unit Four Seasons
Hotel in Newport Center. As required by the Newport
Beach General Plan, a detailed review of the proposed
site plan must be conducted to fully. evaluate the GPA
request and related applications. The site plan review
will also determine the parking requirements by a
demonstrated formula and includes the acceptance of two
off -site parking agreements. This proposal also .
includes modifications to the zoning Code so as to
allow the use of compact car spaces and spaces which
are not independently accessible, and two oversized
wall signs.
MINUTES
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Item #7
TRAFFIC
STUDY
Item #8.
RESUB-
DIVISION
NO. 752
Item #9
SITE.PLAN
REVIEW
NO. 32,
LOCATION: A portion of Lot 22, Tract No. .6015 APPROVED
located at 600 Newport Center. Drive, on CONDI_
the northeasterly corner of Newport Center TIONALLY
Drive and Santa Cruz Drive, in Newport
Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Newport Beach
OWNER: The Irvine Company, Newport Beach
Mr. Dave Neish, representing Four Seasons Hotel Limited
stated that at the last Planning Commission meeting
they (Four Seasons Hotel Limited), identified eight (8)
Conditions of Approval which they were objecting to.
They have since resolved four of those conditions and
still have four conditions they are objecting to.
MINUTES
INDEX
Listed below are the condition numbers and their
responses:
Condition No. 29: Concern regarding this particular
condition was mentioned because of the fact that it is
indicated on Page 94 of the Environmental Impact
Report, "That turnouts shall be required but bus
turnouts were.not necessary unless on- street bus stops
are banned throughout Newport Center." One of the main
reasons why Four Seasons is concerned about this is the
aesthetics. It is felt that as opposed to having bus
turnouts it is more advantageous to have landscaping in
said areas. Mr. Neish further stated that perhaps an
amended condition on bus turnouts, shelters or bus
stops should be considered where the Four Seasons would
continue to work with staff and the Orange County
Transit District, and that their requirements would be
acceptable to Four Seasons.
In response to a question posed by Commissioner
Kurlander, Mr. Neish stated that if the present
right -of -way is not adequate to accommodate these bus
turnouts he would have no objection to make whatever
provisions are necessary for dedication either on -site
or off -site.
Regarding the.conditions for traffic signals, the first
area of concern is in the Environmental Impact Report
which contains an independent traffic, analysis and
traffic study for the Traffic Phasing Ordinance that
was prepared by the City's Traffic Consultant. The
consultant concluded that the warrants were unnecessary
for any of the three signals where staff is suggesting
that one be installed and two others be bonded at this
time.
Mr. Neish stated that the Planning Commission and City
Council have been having conversations with the Irvine
Company regarding affordable, housing that will be
coming about at some time in the near future in the
Newport Village area. As a result of this, some of the
residential densities may be higher than those that
were originally anticipated for that particular area in
Newport Center. Mr. Neish further stated that he feels
that because of future developments .increasing, maybe
there is a reason why they should get these traffic
signals. It is felt by Four Seasons Hotel Limited that
because they are before the Commission now, it is a
convenient way to get these traffic signals. Four
Seasons feels that the appropriate avenue to being
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INDEX
Listed below are the condition numbers and their
responses:
Condition No. 29: Concern regarding this particular
condition was mentioned because of the fact that it is
indicated on Page 94 of the Environmental Impact
Report, "That turnouts shall be required but bus
turnouts were.not necessary unless on- street bus stops
are banned throughout Newport Center." One of the main
reasons why Four Seasons is concerned about this is the
aesthetics. It is felt that as opposed to having bus
turnouts it is more advantageous to have landscaping in
said areas. Mr. Neish further stated that perhaps an
amended condition on bus turnouts, shelters or bus
stops should be considered where the Four Seasons would
continue to work with staff and the Orange County
Transit District, and that their requirements would be
acceptable to Four Seasons.
In response to a question posed by Commissioner
Kurlander, Mr. Neish stated that if the present
right -of -way is not adequate to accommodate these bus
turnouts he would have no objection to make whatever
provisions are necessary for dedication either on -site
or off -site.
Regarding the.conditions for traffic signals, the first
area of concern is in the Environmental Impact Report
which contains an independent traffic, analysis and
traffic study for the Traffic Phasing Ordinance that
was prepared by the City's Traffic Consultant. The
consultant concluded that the warrants were unnecessary
for any of the three signals where staff is suggesting
that one be installed and two others be bonded at this
time.
Mr. Neish stated that the Planning Commission and City
Council have been having conversations with the Irvine
Company regarding affordable, housing that will be
coming about at some time in the near future in the
Newport Village area. As a result of this, some of the
residential densities may be higher than those that
were originally anticipated for that particular area in
Newport Center. Mr. Neish further stated that he feels
that because of future developments .increasing, maybe
there is a reason why they should get these traffic
signals. It is felt by Four Seasons Hotel Limited that
because they are before the Commission now, it is a
convenient way to get these traffic signals. Four
Seasons feels that the appropriate avenue to being
10 -
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treated fairly would be to pay their pro -rated share of
these signals. The traffic generated per day, 3,250
trips, is a. very small amount of traffic to tie three
3) traffic signals to. What Four Seasons is
advocating is that they don't mind paying their share
of what they are contributing to a particular
intersection.
In regards to the Economic Analysis, Mr. Neish stated
that at the last Planning Commission meeting it was
mentioned that Four Seasons will contribute $1,000,000
a year of net revenue to the City of Newport Beach and
how this was to be substantiated. Mr. Neish stated
that there are four (4) avenues by which the City
receives revenue: the first being property tax - In the
City of Newport Beach share for the Four Seasons Hotel,
on the property tax, on an annual basis, would be
81,057 per year, the second being sales tax - the
sales tax that would be generated would be $3,282,500,
the amount of sales from Four Seasons. The procedure
done to achieve this amount is based on a per room
basis, at an annual cost of $10,100 per year. The
City's incremental share iof these totals would be
132,825. Another question asked at the last Planning
Commission meeting was asked regarding how much would
the merchants of Fashion Island benefit by this hotel?
What Four Seasons has done is taken the $3.2 million
figure with an allocated 75% of that, which is felt
would be spent directly in Newport Center, so they feel
it is fair to assume that the merchants of Fashion
Island and Newport Center would have an additional $2.4
million per year.
The third area is the occupancy tax and based on the
city's 68 share it would be $810,000 a year. As it is
known, the City is deliberating increasing that to 8 %.
If it were in fact 8 %, that figure would be $1,000,080
a year or an increase of $270,000 over the 6 %. The
other revenue, such as business taxes, cigarette taxes,
municipal fees, traffic tickets, amounts to $11,430 per
year which comes to a grand total of.$1,000,040, or if
the 8% bed tax is used it comes to $1.3 million. For
the expenditures the Four Seasons has put in $28,310
per year which is an average cost per acre. The net
surplus of $1,012,427 is the net revenue to the City,
and using the 86 bed tax would be $1,282,477. This is
based on 325 rooms at an average rate of $150 a night.
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August 4, 1983
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In response to Chairman King's comment on corrections
to figures, Bob Lenard, Advance Planning Administrator,
stated that there is an error in the cost revenue
figures in the staff report (page 4), under the Revenue
column for the Original City Fiscal Analysis System,
which should read $469,910, instead of $716,816; under
the Net Revenues column it should read $356,985 instead
of $603,891; and the $648,986 figure should read
402,080 which puts the analysis of the hotel under the
revised fiscal analysis system within $30,000 or
40,000 of the City's original system. In addition,
referring to page 23 in the staff report, Condition No.
34 should read "...unless it is determined for certain
areas that they are not appropriate for safety or
security reasons." On page 24, Condition No. 42 should
be deleted since it is redundant.
Mr. Hewicker, Planning Director, addressed two other
conditions. On page 22, Condition No. 32 should be
read, "That a.system shall be designed to trap kitchen
grease and incorporate it into the hotel site design,
The other condition is on page 23., Condition No.
39 which should read, "That the hotel shall provide and
encourage transportation to the John Wayne Airport..."
In response to a question posed by Chairman King,
Mr. Nolan, Public Works Director stated that
supplementary written material has been provided to the
Planning Commission on both the traffic signals and the
bus turnouts. With respect to the bus turnouts, it is
felt by the Public Works .Department that they are
needed, and that they have discussed the matter further.
with the Orange County Transit District as a result of
the concern that has been expressed about the wording.
Mr. Nolan further stated that the reason for the
conflict is because Newport Center Drive and San
Joaquin Hills Road have no parking. lanes and it is not
desirable to allow bus stops in the travel lanes.
Therefore, Public Works recommends that bus turnouts be
provided. For this reason Mr. Nolan would modify
Condition No. 29, page 15,.by striking the reference to
or Santa Cruz Drive ", since there is not an interest
on the part of the District in providing a bus stop on
Santa Cruz Drive.
Mr. Nolan stated that with regard to the traffic
signals Mr. Neish's comment is fair in saying that
there are other areas in Newport Center that share in
the traffic generation and if it can be accomplished,
can share in the responsibility for providing the
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signals. The Conditions of Approval related to traffic
signals are Nos. 40, 41 and 42 on pages 16 and 17.
Condition No. 42 already contains language indicating
that the applicant's share can be reduced by
contributions from other projects in the vicinity
within the five year time frame.
In response to a question posed by Commissioner Goff,
Mr. Wes Pringle, Traffic Consultant, stated that the
reason why studies were done at the Four Seasons in
Dallas and in Houston was that the proponent felt that
their hotel was different than the other hotels. In
order to attempt to verify this, Four Seasons suggested
that they look at and collect data on similar
facilities.
In response to Commissioner Winburn's comment,
Mr. Neish stated that re- inserting language stating
that "the applicant shall obtain an additional
agreement for overflow parking during peak periods and
special events" in Condition No. 9 would be agreeable
with him.
In response to a question posed by Commissioner
McLaughlin, Mr. Hewicker stated that many conditions
were changed because when the parking requirement was
changed it eliminated the need for a lot, of other
wording changes to the first set of conditions.
Motion was made for approval of the Draft Environmental
Impact Report, subject to Findings in Exhibit "A ",
which MOTION CARRIED.
XI I Motion was
MOTION
ma
which
approval
CARRIED.
f General Plan Amendment
No. 8
Motion was made for approval of Traffic Study, subject
to Findings and Conditions in Exhibit "A ", which MOTION
CARRIED.
Motion was made for the approval of Resubdivision
No. 752, subject to modifications of the following
Findings and Conditions in Exhibit "A ":
Condition No. 29, page 15: That language be added
stating that if additional right -of -way is required,
the applicant will provide the additional right -of -way
for the bus turnouts and shelters. In addition, the
reference to Santa Cruz Drive was deleted.
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Condition No. 41, pages 16 and 17: That Condition
No. 41 be worded like Condition No. 42 is worded which
gives the applicant some possibility to recover their
contributions within the five year period from other
projects.
Motion for approval of Resubdivision No. 752 with the
amended conditions was now voted on, which MOTION
CARRIED.
Motion was made for approval of Site Plan Review
No. 32, subject to.Findings and Conditions with changes
in:
Condition No. 32, page 22, to read, "That a system
shall be designed 'to trap kitchen grease..." 1 11
Condition No. 34, page 23, to read, "...areas that they
are not appropriate for safety or security reasons."
I I ( ( I (,
Condition No. 39, page 23, to read, "That the hotel
shall provide and encourage transportation to the John
Wayne Airport for hotel patrons."
Condition No. 9, page 19, to return Condition No. 9 to
I i its original state with the deletion of the number, of
parking spaces.
Condition No. 42, page 24, to be deleted.
Motion for approval of Site Plan Review No. 32 was now
voted on, which MOTION CARRIED. .
A. ENVIRONMENTAL IMPACT REPORT
FINDINGS
1. That the environmental document is complete and
has been prepared in compliance with the
California Environmental Quality Act (CEQA),
the State CEQA Guidelines and City Policy.
2. That the contents of the environmental document
have been considered in the various decisions
on this project.
3. That in order to reduce adverse impacts of the
proposed project, all feasible mitigation
measures discussed in the environmental
document have been incorporated into the
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Condition No. 41, pages 16 and 17: That Condition
No. 41 be worded like Condition No. 42 is worded which
gives the applicant some possibility to recover their
contributions within the five year period from other
projects.
Motion for approval of Resubdivision No. 752 with the
amended conditions was now voted on, which MOTION
CARRIED.
Motion was made for approval of Site Plan Review
No. 32, subject to.Findings and Conditions with changes
in:
Condition No. 32, page 22, to read, "That a system
shall be designed 'to trap kitchen grease..." 1 11
Condition No. 34, page 23, to read, "...areas that they
are not appropriate for safety or security reasons."
I I ( ( I (,
Condition No. 39, page 23, to read, "That the hotel
shall provide and encourage transportation to the John
Wayne Airport for hotel patrons."
Condition No. 9, page 19, to return Condition No. 9 to
I i its original state with the deletion of the number, of
parking spaces.
Condition No. 42, page 24, to be deleted.
Motion for approval of Site Plan Review No. 32 was now
voted on, which MOTION CARRIED. .
A. ENVIRONMENTAL IMPACT REPORT
FINDINGS
1. That the environmental document is complete and
has been prepared in compliance with the
California Environmental Quality Act (CEQA),
the State CEQA Guidelines and City Policy.
2. That the contents of the environmental document
have been considered in the various decisions
on this project.
3. That in order to reduce adverse impacts of the
proposed project, all feasible mitigation
measures discussed in the environmental
document have been incorporated into the
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proposed project. Specific economic, social or
other considerations make .infeasible any other
potential mitigation measures or alternative to
the proposed project.
4. That the mitigation measures have been
incorporated into the proposed project and are
expressed as conditions of approval. .
The findings made in regards to approval of the
Four Seasons Hotel GPA 82 -2" project EIR apply
also to the approval of the General Plan Amendment,
Resubdivision No. 752 and Site Plan Review No. 32.
B. GENERAL PLAN
1. Adopt Resolution No. recommending an
amendment to the Land Use Element of the
General Plan to the City Council as proposed by
the applicant, further recommending that the
Four Seasons.Hotel contribute a negotiated sum
of money approved by the City Council towards
the construction of circulation systems
improvements, and incorporating all revisions
adopted by the Planning Commission and
incorporating the Findings listed in "A" above
of this Exhibit related to this portion of the
project.
C. TRAFFIC STUDY
FINDINGS
1. That the Traffic Study has been prepared which
analyzes the impact of the proposed project on
the circulation system in accordance with
Chapter 15.40 of the Newport Beach Municipal
Code and City Policy'S -1.
2. That the Traffic Study indicates that the
project- generated traffic will be greater than
one percent of existing traffic during the 2.5
hour peak period on any leg of the critical
intersections, and will add to an
unsatisfactory level of traffic service at
critical intersection which will have an
Intersection Capacity Utilization of greater
than .90.
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proposed project. Specific economic, social or
other considerations make .infeasible any other
potential mitigation measures or alternative to
the proposed project.
4. That the mitigation measures have been
incorporated into the proposed project and are
expressed as conditions of approval. .
The findings made in regards to approval of the
Four Seasons Hotel GPA 82 -2" project EIR apply
also to the approval of the General Plan Amendment,
Resubdivision No. 752 and Site Plan Review No. 32.
B. GENERAL PLAN
1. Adopt Resolution No. recommending an
amendment to the Land Use Element of the
General Plan to the City Council as proposed by
the applicant, further recommending that the
Four Seasons.Hotel contribute a negotiated sum
of money approved by the City Council towards
the construction of circulation systems
improvements, and incorporating all revisions
adopted by the Planning Commission and
incorporating the Findings listed in "A" above
of this Exhibit related to this portion of the
project.
C. TRAFFIC STUDY
FINDINGS
1. That the Traffic Study has been prepared which
analyzes the impact of the proposed project on
the circulation system in accordance with
Chapter 15.40 of the Newport Beach Municipal
Code and City Policy'S -1.
2. That the Traffic Study indicates that the
project- generated traffic will be greater than
one percent of existing traffic during the 2.5
hour peak period on any leg of the critical
intersections, and will add to an
unsatisfactory level of traffic service at
critical intersection which will have an
Intersection Capacity Utilization of greater
than .90.
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3. That the Traffic Studies suggest several
circulation system improvements which will
improve the level of traffic service to an
acceptable level at all critical intersections.
4. That the proposed project, including
circulation system improvements, will neither
cause nor make worse an unsatisfactory level of
traffic service on any "major ",
primary- modified" or "primary" street.
CONDITIONS
1. That prior to the .occupancy of any portion of
the project facilities the Circulation System
improvements described in Table 8, page 14 of
the Appendix D "Traffic Analysis" of the "Draft
EIR Four Seasons Hotel - GPA 82 -2" shall have
been made (unless subsequent project approval
require modification thereto). The Circulation
System Improvements shall be subject to the
approval of the City Traffic Engineer.
2. That prior to the issuance of any building
permit for the project the applicant shall pay
their "fair share" of the ultimate improvements
to the City's Circulation System as may be
determined by the City.
D. RESUBDIVISION NO. 752
FINDINGS
1. That the map meets the requirement of Title 19
of the Newport Beach Municipal Code, all
ordinances of the City, all applicable general
or specific plans and the Planning Commission
is satisfied with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a.planning standpoint.
3. That the Findings listed in "A" of this Exhibit
are made related to this portion of the
project.
I I( I. 11( I CONDITIONS
1. That a parcel map be recorded.
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2. Development of the site shall be subject to a
grading permit to be approved by the Building
and Planning Departments.
3. That a grading plan, if required, shall include
a complete plan for temporary and permanent
drainage facilities, to minimize any potential
impacts from silt, debris, and other water
pollutants.
4. The grading permit shall include, if required,
a description of haul routes, access points to
the site, watering, and sweeping program
designed to minimize impact of haul operations.
5. An erosion, siltation and dust control plan, if
required, shall be submitted and be subject to
the approval of the Building Department and a
copy shall be forwarded to the California
Regional Water Quality Control Board, Santa Ana
Region.
6..The velocity of concentrated run -off from the
project shall be evaluated and erosive
velocities controlled as a part of the project
design.
7. That grading shall be conducted in accordance
with plans prepared by a Civil Engineer and
based on recommendations of a soil engineer and
an engineering geologist subsequent to the
completion of a comprehensive soil and geologic
investigation of the site. Permanent
reproducible copies of the "Approved as Built"
grading plans on standard size sheets shall be
furnished to the Building Department.
8. That erosion control measures shall be done on
any exposed slopes within thirty days after
grading or as approved by the Grading Engineer.
9. Control of infiltration to the groundwater
system for the project shall be provided as
part of the project design.
111111111 10. That existing on -site drainage facilities shall
be improved or updated to the satisfaction of
the Public Works and Building Department.
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11. Any modification of existing on -site, drainage
systems or extensions of culverts for
contributory drainage from surrounding areas
shall be studies during project design and
necessary improvements installed in conformance
with local ordinances and accepted engineering
practices and in a manner acceptable to the
City Public Works and Building Departments.
12. A qualified archaeologist or paleontologist
shall evaluate the site prior to commencement
of construction activities, and that all work
on the site be done in accordance with the
City's Council Policies K -5 and K -6.
13. Prior to the issuance of any grading permits,
ro
the applicant shall waive the portions of
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11. Any modification of existing on -site, drainage
systems or extensions of culverts for
contributory drainage from surrounding areas
shall be studies during project design and
necessary improvements installed in conformance
with local ordinances and accepted engineering
practices and in a manner acceptable to the
City Public Works and Building Departments.
12. A qualified archaeologist or paleontologist
shall evaluate the site prior to commencement
of construction activities, and that all work
on the site be done in accordance with the
City's Council Policies K -5 and K -6.
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13. Prior to the issuance of any grading permits,
the applicant shall waive the portions of
AB 952 related to the City of Newport Beach
responsibilities for mitigation of
archaeological impacts, in a manner acceptable
to the City Attorney:
14. Fugitive dust emissions during construction
shall be minimized by watering the site for
dust control, containing excavated soil onsite
until it is hauled away, and periodically
washing adjacent streets to remove accumulated
materials.
15. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
architect. The landscape plan shall integrate
and phase the installation of landscaping with
the proposed construction schedule. (Prior to
the occupancy of any structure, the licensed
landscape architect shall certify to the
Planning Department that the landscaping has
been installed in accordance with the prepared
plan).
16. The landscape plans shall be subject to the
review of the Parks, Beaches and Recreation
Department and approval of the Planning and
Public Works Departments.
17. The landscape plan shall include a maintenance
program which controls the use of fertilizers
and pesticides.
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18. The landscape plan shall place heavy emphasis
on the use of drought- resistant native
vegetation and be irrigated with a system
designed to avoid surface runoff and
over- watering.
19. The landscape plan shall place heavy emphasis
on fire - retardant vegetation.
20. Street trees shall be provided along the public
streets as required by the Public Works
Department and the Parks, Beaches and
Recreation Department.
21. Landscaping shall be regularly maintained free
of woods and debris. All vegetation shall be
regularly trimmed and kept in a healthy
condition.
22. Parking areas shall be paved early during the
construction period. Said timing shall be
approved by the Grading Engineer and Planning
Department.
23. Prior to issuance of any grading and /or
building permits the applicant shall deposit
with the City Finance Director the sum
proportional to the percentage of future
additional traffic related to the project in
the subject area, to be used for the
construction of a sound attenuation barrier on
the southerly side of West Coast Highway in the
West Newport area. -
24. Prior to issuance of any grading and /or
building permits the applicant shall deposit
with the City Finance Director the sum
proportional to the percentage of future
additional traffic related to the project in
the subject area, to be used for the
construction of a sound attenuation barrier on
the westerly side of Jamboree Road between
Eastbluff Drive (No.) and Ford Road.
25. Prior to issuance of any grading and /or
building permits the applicant shall deposit
with the City Finance Director the sum
proportional to the percentage of future
additional traffic related to the project in
the subject area, to he used for the
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construction of a sound attenuation barrier on
the southerly side of East Coast Highway in the
Irvine Terrace area.
26. That prior to the issuance of any building
permits a specific, soils and foundation study
shall be prepared and approved by the.BUilding
Department.
27. The following disclosure statement of the City
of Newport Beach's policy regarding the John
Wayne Airport shall be included in all leases
or sub- leases for space in the project and
shall be included in any Covenants Conditions,
and Restrictions which may be recorded against
any undeveloped site.
DISCLOSURE STATEMENT
The lessee, his heirs, successors and assigns,
herein, acknowledge that:
a) The John Wayne Airport may not be able to
provide adequate air service for business
establishments which rely on such service;
b) When an alternate air facility is available, a
complete phase out of jet service may occur at
the John Wayne Airport;
c) The City of Newport Beach will continue to
oppose additional commercial area service
expansions,at the John Wayne Airport;
d) Lessee, his heirs, successors and assigns, will
not actively oppose any action taken by the
City of Newport Beach to phase out or limit jet
air service at the John Wayne Airport.
28. That all conditions of the approved Traffic
Study be met.
29. Bus turnouts and shelters shall be installed on
Newport Center Drive and on San Joaquin Hills
Road at locations approved by the Traffic
Engineer and the Orange County Transit
District. The shelters shall be located
outside the right -of -way. If additional
right -of -way is required, the applicant will
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provide the additional right -of -way for the bus
turnouts and shelters.
30. That a sidewalk connecting Center Drive with
Newport Center Dr. on or adjacent to the
easterly property lines of Parcels No. 2,and 3
of Resubdivision No. 752 shall be provided in a
manner approved by the Planning and Public
Works Departments. If the sidewalk is on
adjacent property it shall be guaranteed in a
manner acceptable 'to the City Attorney's
office.
31.. Sight distance at the intersection of Center
Drive and Santa Cruz Drive shall be provided in
accordance with City Std. Swg. 110 -L with Santa
Cruz Drive as a secondary arterial.
32. A plan shall be submitted for review and
approval of the Traffic Engineer showing how
non -hotel patrons will be kept out of the
parking lot on Parcels 2 and 3 of Resubdivision
No. 752.
33. That the intersection of Center Drive and the
private drives be designed to provide sight
distance for a speed of 25 miles per hour..
Slopes, landscaping, walls and other
obstructions shall be considered in the sight
distance requirements. Landscaping within the
sight distance line shall not exceed
twenty -four inches in height. The sight'
distance requirement may be approximately
modified at non- critical locations, subject to
approval of the Traffic Engineer.
34. That prior to the issuance of a building permit
the applicant shall provide the Building
Department and the Public Works Department with
a letter from the Sanitation District stating
that sewer facilities will be available at the
time of occupancy.
35. That all improvements be constructed as
required by ordinance and the Public Works
Department.
36. That curb access ramps be constructed at the
intersections of Santa Cruz Drive with San
Joaquin Hills Road, Center Drive and Newport
Center Drive.
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37. That the cracked and displaced section of
existing sidewalk and cross gutter along Santa
Cruz Drive be replaced from Newport Center
Drive to San Joaquin Hills Rd.
38. Remove existing drive approach along Newport
Center Drive and replace with curb and gutter.
39. That Santa Cruz Drive be restriped between San
Joaquin Hills Road and Newport Center Drive to
provide for left -turn lanes at San Clemente
Drive /Center Drive. A striping plan shall be
prepared by a licensed Traffic Engineer and
approved by the City Traffic Engineer.
Existing, stripes are to be sandblasted and the
street slurry sealed before restriping.
40. That a traffic signal be installed at the
Newport Center Drive /Santa Cruz Drive
intersection.
41. The applicant shall post a bond to cover the
installation of a traffic signal at the
intersection of Center Drive and Newport Center
Drive if traffic signal warrants are met within
five years after a certificate of occupancy is
issued. The applicant's share can be reduced
by contributions from other projects in the
vicinity within the five year time frame.
42. That a bond be posted to cover the installation
of a traffic signal at the intersection of
Santa Cruz Drive and San Clemente Drive /Center
Drive if traffic signal warrants are met within
5 years after a certificate of occupancy is
issued. The applicant's share can be reduced
by contributions from other projects in the
vicinity within the 5 year time frame.
43. That all vehicular access rights to Newport
Center Drive, Santa Cruz Drive and San Joaquin
Hills Road be released and relinquished to the
City of Newport Beach except for Center Drive
and one drive entrance to Santa Cruz Drive
between Center Drive and Newport Center Drive.
44. That a hydrology and hydraulic study be
prepared and approved by the Public Works
Department, along with a master plan of water,
sewer and storm drain facilities for. the
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on -site improvements prior to recording of the
final map. Any modifications or extensions to
the existing storm drain, water and sewer
systems shown to be required by the study shall
be the responsibility of the developer.
45. That a pedestrian circulation plan be submitted
to the Planning and Public works Departments
for review and approval prior to issuance of a
grading permit. The plan shall include the
extension of the existing 10- foot -wide sidewalk
along Center Drive and Newport Center Drive to
Santa Cruz Drive. The new sidewalk is to be 8'
to 10 feet wide and may pass through the
parking areas. The plan shall also provide a
stairway and /or ramp from the remote parking
lot to the Wells Fargo Building pedestrian
circulation system.
46. That a subdivision agreement and accompanying
surety be provided in order to guarantee
satisfactory completion of the public
improvements, if it is desired to obtain a
building permit or record the parcel map prior
to the completion of the public improvements.
47. Prior to occupancy of any building, the
applicants shall provide written verification
from Orange County .Sanitation, that adequate
sewer capacity is available to serve the
project.
E. SITE PLAN REVIEW NO. 32
FINDINGS
1. The proposed development is consistent with the
General Plan and will not preclude the
attainment of General Plan objectives and
policies.
2. The proposed development will not adversely
affect the benefits of occupancy and use of
existing properties within the area.
3. The proposed, development does not adversely
affect the public benefits derived from
expenditures of public funds for improvement
and beautification of street and public
facilities within the.area.
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on -site improvements prior to recording of the
final map. Any modifications or extensions to
the existing storm drain, water and sewer
systems shown to be required by the study shall
be the responsibility of the developer.
45. That a pedestrian circulation plan be submitted
to the Planning and Public works Departments
for review and approval prior to issuance of a
grading permit. The plan shall include the
extension of the existing 10- foot -wide sidewalk
along Center Drive and Newport Center Drive to
Santa Cruz Drive. The new sidewalk is to be 8'
to 10 feet wide and may pass through the
parking areas. The plan shall also provide a
stairway and /or ramp from the remote parking
lot to the Wells Fargo Building pedestrian
circulation system.
46. That a subdivision agreement and accompanying
surety be provided in order to guarantee
satisfactory completion of the public
improvements, if it is desired to obtain a
building permit or record the parcel map prior
to the completion of the public improvements.
47. Prior to occupancy of any building, the
applicants shall provide written verification
from Orange County .Sanitation, that adequate
sewer capacity is available to serve the
project.
E. SITE PLAN REVIEW NO. 32
FINDINGS
1. The proposed development is consistent with the
General Plan and will not preclude the
attainment of General Plan objectives and
policies.
2. The proposed development will not adversely
affect the benefits of occupancy and use of
existing properties within the area.
3. The proposed, development does not adversely
affect the public benefits derived from
expenditures of public funds for improvement
and beautification of street and public
facilities within the.area.
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4. The proposed development promotes the
maintenance of superior site location
characteristics adjoining major thoroughfares
of City -wide importance.
5. That the Findings listed in "A" of this Exhibit
are made to this portion of the project.
6. Adequate parking spaces and related vehicular
circulation will be provided in conjunction
with the proposed:.development.
7. The off -site parking areas are so located as to
be useful in .conjunction with the proposed uses
on the building sites.
8. Parking on such lots will not ,create undue
traffic hazards in the surrounding area.,
9. Such lots and the building site are in the same
ownership.
10. The owner and the City, upon the approval of.
City Council will execute a written instrument
of instruments, approved as to form and content
by the City Attorney , .providing for the
maintenance of the required off - street parking
on such lots for the duration of the proposed
use or uses.on the building site or sites.
1. That development shall be in substantial
conformance with the approved site plan, sign
plans, floor plans, and elevations, except as
noted in the conditions of approval.
2. That all conditions of the approved Traffic
Study be met.
3. That the conditions of Resubdivision No. 752 be
met.
4—Construction to meet .the requirements of
the Uniform Building Code & California
Administrative Code - Titles 19 & 24.
5. Any construction on the site should be done in
accordance with the height restriction for the
area. Said should apply to any landscape
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materials,. signs, flags, etc. as well as
structures.
6. That within fifteen feet of the Newport Center
Drive and of Santa Cruz Drive property lines
that no fence or combination retaining wall and
fence be higher than curb height.
7. That a minimum twenty feet (201) landscape
buffer be maintained between the tennis court
fence and property line along Newport Center
Drive.
8. That within seventy -five feet of the hotel the
proposed five and one -half feet (W) stucco
wall along Newport Center Drive shall be
permitted within 11 feet of the property line
and a screened retaining wall shall be
permitted.
9. The project applicant shall obtain an agreement
to utilize adjacent parking facilities during
the construction period. The applicant shall
obtain an additional agreement for overflow
parking during peak periods, and for special
events. Said agreement(s) shall be reviewed
and approved by the City Attorney and Planning
Department prior to the issuance of any
building or grading permits.
10. That the Hotel provide a total of 369 standard
size parking spaces on -site (Parcel No. 3) and
off -site on Parcel No. 2. If additional
parking is required, the parking plan may be
modified to increase the number of spaces by
allowing up. to 258 compact spaces, subject to .
the approval of the Planning Commission.
11. That parking spaces .shall be provided for
handicapped persons. The number and location
of these spaces shall be provided in a manner
approved by the City Traffic Engineer and
Building Department.
12. (Deleted by Staff) I
13. That a plan for tandem parking for both normal
operations and peak periods shall be reviewed
and approved by the City Traffic Engineer.
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14. That the final design of all on -site vehicular
and pedestrian circulation, and parking be
reviewed and approved by the City Traffic
Engineer and Planning Department.
15. All parking areas shall be subject to further
review and approval by the Traffic Engineer.
This review shall include, but not be limited
to, the number and location of compact (except
for Hotel) and handicap' spaces, aisle widths,
access control and maximum slope of ramps and
parking areas.
16. No access shall be allowed from Santa Cruz
Drive to the overflow parking. lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
a total of 369 parking spaces shall be provided
for the duration of the .Four Seasons Hotel.
The portion of the 369 total spaces which are
not "on- site" shall be located on Parcel No. 2.
The term of the agreement shall be equal to the.
expected life of all structures within Parcel
No. 3 or Resubdivision No. .752 as may be
determined by the City based upon information
supplied by the applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel
No. 1 for the duration of the Wells Fargo
Building. such spaces shall be within 300 feet
of the office. The term of the agreement shall
be equal to. the expected life of the Wells
Fargo Building as may be determined by the City
based upon information . supplied by the
applicant.
19. That the lighting system shall be designed and
maintained in such a manner as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
prepared and signed by a Licensed Electrical
Engineer; with a letter from the Engineer
stating that, in his opinion, this requirement
has been met.
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August 4, 1983
M
MINUTES
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INDEX
14. That the final design of all on -site vehicular
and pedestrian circulation, and parking be
reviewed and approved by the City Traffic
Engineer and Planning Department.
15. All parking areas shall be subject to further
review and approval by the Traffic Engineer.
This review shall include, but not be limited
to, the number and location of compact (except
for Hotel) and handicap' spaces, aisle widths,
access control and maximum slope of ramps and
parking areas.
16. No access shall be allowed from Santa Cruz
Drive to the overflow parking. lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
a total of 369 parking spaces shall be provided
for the duration of the .Four Seasons Hotel.
The portion of the 369 total spaces which are
not "on- site" shall be located on Parcel No. 2.
The term of the agreement shall be equal to the.
expected life of all structures within Parcel
No. 3 or Resubdivision No. .752 as may be
determined by the City based upon information
supplied by the applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel
No. 1 for the duration of the Wells Fargo
Building. such spaces shall be within 300 feet
of the office. The term of the agreement shall
be equal to. the expected life of the Wells
Fargo Building as may be determined by the City
based upon information . supplied by the
applicant.
19. That the lighting system shall be designed and
maintained in such a manner as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
prepared and signed by a Licensed Electrical
Engineer; with a letter from the Engineer
stating that, in his opinion, this requirement
has been met.
26 -
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August 4, 1983
Ion Beach
20. The applicant shall provide energy - conserving
street and parking lot lighting and minimize
decorative or non - functional lighting in a
manner acceptable to Planning Director.
21. A lighting plan shall be submitted for review
by the Police Department to ensure adequate
lighting of pedestrian walkways and parking
areas.
22. The proposed project shall incorporate an
internal security system (i.e. security guards,
alarms, access limits after hours) that shall
be reviewed by the Planning Department.'
23.. (Deleted by Staff)
24. That all buildings on the project site shall be
equipped with fire suppression systems approved
by the Fire Department.
25. That all access to the buildings be approved by
the Fire Department.
26. That all on -site fire protection (hydrants and
Fire Department connections) shall be approved
by the Fire and Public Works Departments.
27. That fire vehicle access shall. be approved by
the Fire Department.
28. On -site water mains and fire hydrants locations
are to be approved by the Fire and Public Works
Departments.
29. (Deleted by Staff)
30. Final design of the project shall provide for
the incorporation of water- saving devices for
project lavatories and other water -using
facilities.
31. The project shall incorporate the use of
alternative energy technology into building
designs and systems for heating pools and spas
at the hotel. Prior to the issuance of any
building permit for said the applicant shall
demonstrate to the satisfaction of the Planning
Director that the concerns of this condition
have been meta
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August 4, 1983
91 9'. o
32. That a system shall be designed to trap kitchen
grease and incorporated into the hotel site
design, to the satisfaction of the City of
Newport Beach Building and utilities
Departments. The location of the grease trap
shall be easily accessible and a city
representative shall be allowed access to
inspect the system at all times. The applicant
shall also supply to the City for approval a
grease trap maintenance program that provides
for ongoing maintenance and inspections.
33. That the proposed building identification logo
as shown on the easterly and westerly
elevations between the roof and the sixteenth
floor shall not be internally illuminated.
34. Openable windows for guest rooms shall be used
to allow cooling by normal breezes unless it is
determined for certain areas that they are not
appropriate for safety or security, reasons.
35. Interior noise levels in the proposed project
shall not exceed 45 CNEL in any habitable
space.
36. Prior to the issuance of building permits, a
program for the sorting of recyclable material
form solid wastes shall be developed and
approved by the Planning Department. (Amended
by Staff)
37. All proposed development shall provide for
weekly vacuum sweeping of all surface parking
areas.
38. The applicant shall plan and implement a
program to encourage the use of high- occupancy
vehicles and alternate transportation modes for
employees and visitors to the Four Seasons
Hotel, in a manner acceptable to the Planning
Director. Said .program shall include hotel
employees being encouraged to use the OCTD
Transit system through the provision of
subsidized bus passes or other appropriate
means.
39. That the hotel shall provide and encourage
transportation to the John Wayne Airport for
hotel patrons shall be provided and encouraged.
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August 4, 1983'
M
40. That any rooftop or other mechanical equipment
shall be sound attenuated in such a manner as
to achieve a maximum sound level of 55 dBA at
the property line and that any mechanical
equipment and emergency power generators shall
be screened from view.
41. Signage and exterior lighting shall be of
similar design theme throughout the project and
shall be approved by the Planning and Public
Works Departments,.
42. (Deleted by Staff)
43. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic fire sprinkler
protection.
x x
The Planning Commission recessed at 9:05 p.m. and
reconvened at 9:15 p.m.
At this time Commissioner Kurlander stated that he was
surprised to see that there was only one (1) adverse
comment for the Four Seasons project, which was just
approved. Commission Kurlander further stated he feels
if there are people who are going to complain about a
project, they should complain at the Planning
Commission meeting first and not at the City Council
level. If these people complain at the Council without
going to the Planning Commission, the Council should
admonish those persons for not making their objections
known to the Commission.
Commissioner McLaughlin, Commissioner Person, and
Chairman King concurred with Commissioner Kurlander's
statement.
Planning Director Hewicker stated that during the
recess, he received two more continuances. Items No.
15 and 16, Le Bistro, was the first request with Mr.
Steve Stern, representing the applicant, requesting a
two week continuance to the meeting of August 18, 1983,
in order to respond to comments of the staff report
which they had just received this evening.
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August 4, 1983'
M
40. That any rooftop or other mechanical equipment
shall be sound attenuated in such a manner as
to achieve a maximum sound level of 55 dBA at
the property line and that any mechanical
equipment and emergency power generators shall
be screened from view.
41. Signage and exterior lighting shall be of
similar design theme throughout the project and
shall be approved by the Planning and Public
Works Departments,.
42. (Deleted by Staff)
43. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic fire sprinkler
protection.
x x
The Planning Commission recessed at 9:05 p.m. and
reconvened at 9:15 p.m.
At this time Commissioner Kurlander stated that he was
surprised to see that there was only one (1) adverse
comment for the Four Seasons project, which was just
approved. Commission Kurlander further stated he feels
if there are people who are going to complain about a
project, they should complain at the Planning
Commission meeting first and not at the City Council
level. If these people complain at the Council without
going to the Planning Commission, the Council should
admonish those persons for not making their objections
known to the Commission.
Commissioner McLaughlin, Commissioner Person, and
Chairman King concurred with Commissioner Kurlander's
statement.
Planning Director Hewicker stated that during the
recess, he received two more continuances. Items No.
15 and 16, Le Bistro, was the first request with Mr.
Steve Stern, representing the applicant, requesting a
two week continuance to the meeting of August 18, 1983,
in order to respond to comments of the staff report
which they had just received this evening.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
REGULAR COUNCIL MEETING
rAl °
f PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL F,p DATE: September 12, 1983
MINUTES
INDEX
Mayor Hart announced the completion of the cable
interconnect between Community Cablevision, and
Group W. She stated that now all residents of
Newport Beach, who have cable can see the City
Council meetings live on the 2nd and 4th Mondays
of the month.
Present x x x x x x x A. ROLL CALL.
Motion x B. The reading of the Minutes of the Meeting of
All Ayes August 22, 1983, was waived, approved as
written and order filed.
Motion, x C. The reading in full of all ordinances and
All Ayes resolutions under consideration was waived,
and the City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Hart opened the continued public Vacation /St
hearing regarding VACATION OF STREET Harbor Hill
RIGHT -OF -WAY FOR THE CONVERSION OF PUBLIC 90)
STREETS TO PRIVATE. STREETS WITHIN TRACT
10151 -- HARBOR HILL.
Report from Public Works, was presented.
Motion x Motion was made to continue the public
All Ayes hearing to November 28, 1983, as recommended
by staff.
2. Mayor Hart opened the public hearing Vacation /
regarding VACATION OF THE EXISTING 20 -FOOT Alley
ALLEY BETWEEN ST. ANDREWS ROAD AND 15TH 15th &
STREET. St. Andrews
90)
Report from Public Works, was presented.
Motion x Motion was made to continue the public
All Ayes hearing to September 26, 1983, as requested
by the Southern California Edison Company.
3. Mayor Hart opened the public hearing CPA 82 -2
regarding GENERAL PLAN AMENDMENT NO. 82 -2, a 45)
request initiated by the City of Newport
Beach to amend the Newport Beach General Plan
for Block 600 of Newport Center so as to
allow the construction of a 325 -room Four
Seasons Hotel with related hotel and service
facilities, including ballrooms, meeting
rooms, cocktail lounges and restaurants; and
the acceptance of an Environmental Impact
Report. Property located at 600 Newport
Center Drive, on the northeasterly corner of
Newport Center Drive and Santa Cruz Drive in
Newport Center; zoned C -O -H;
AND
Volume 37 - Page 270
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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1 9GSS September 12, 1983
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TRAFFIC STUDY, a request to consider a Trfk Study
Traffic Study to allow the construction of a
Four Seasons Hotel at 600 Newport Center
Drive in Newport Center;
i AND
RESUBDIVISION NO. 752, a request to Resub 752
resubdivide a portion of an existing lot into
four numbered parcels and two lettered
parcels. Parcel No. I is for parking related
to the Wells Fargo Building; Parcel No. 2 is
for off -site Four Seasons Hotel parking;
Parcel No. 3 is for the hotel site; Parcel
No. 4 is for existing parking related to
existing office /commercial uses; Parcel "A"
is for a private street; and Parcel "B" is
for landscaping and sign purposes;
AND
SITE PLAN REVIEW NO. 32, a request approved Site Plan
by the Planning Commission for the proposed Rev 32
325 -unit Four Seasons Hotel in Newport
Center. As required by the Newport Beach
General Plan, a detailed review of the
proposed site plan must be conducted to
evaluate fully the GPA request and related
applications. The site plan review will
determine also the parking requirements by a
demonstrated formula and includes the
acceptance of two off -site parking
agreements. This proposal also includes
modifications to the Zoning Code so as to
allow the use of compact car spaces and
spaces which are not independently
accessible, and two oversized wall signs.
Report from the Planning Department, was
presented.
The City Clerk advised that after the
printing of the agenda, two letters were
received in support of General Plan Amendment
82 -2 from Newport Center Association and
Fashion Island Merchants' Association.
David Neish of Urban Assist, representing
Four Seasons Hotel, Limited, addressed the
Council and requested twenty -five minutes for
their presentation.
Motion x Motion was made to grant the request.
All Ayes
Mr. Neish outlined the applications being
requested by the Four Seasons Hotels, i.e.,
General Plan Amendment 82 -2, Traffic Study,
Resubdivisi.on No. 752, and Site P1an'Review
No. 32.
Volume 37 - Page 271
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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A\I-Pip F September 12, 1983
i rei i 9
MINUTES
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Mr. Neish introduced Arnold Cator, Executive GPA 82 -2/
Vice President of Four Seasons Hotel, Tfk Study/
Limited, who stated that they manage 10 Resub 752/
properties in the United States, several in Site Fla Rv
Canada, and a hotel in London, England. They 32
are a Canadian -owned corporation with
headquarters in Toronto, Canada.
Mr. Cator stated that they have looked at
alternative sites for the past two years, but
their first preference is to locate in
Newport Center. He stated that they take
great interest in the community where they
locate, and look forward with great
anticipation toward building a hotel in
Newport Beach.
A slide presentation was given by David
Neish, which showed many of the Four Seasons
Hotels throughout: the United States and
Canada, and the services and facilities they
provide. Slides were also shown of the Site
Plan and display model.
Mr. Neish stated that there are no
significant environmental impacts associated
with their project, and that the proposal is
in total conformity with the City's zoning on
the property. He stated that the financial
benefit connected with the Four Seasons Hotel
will provide a net revenue surplus of over $1
Million to the City each year. He stated
that the corporate image of the Four Seasons
Hotels will be an asset to the City and urged
approval.
The City Manager presented a revised
Supplemental Report regarding the Four
Seasons Hotel requirement for noise wall,
traffic signals and circulation improvements,
and stated that, subsequent to the Planning
Commission's approval and distribution of the
staff report to the City Council, staff has
met with the representative of the Four
Seasons Hotel to negotiate a lump sum
contribution and payment schedule reflecting
the hotel's total obligation to the City for
noise walls, traffic signals and all
circulation system improvements. The lump
sum contribution agreed to is $838,170, with
125,000 to be deposited with the City prior
to the issuance of any grading permit for the
project and $713,170 to be collected prior to
i
the occupancy of the hotel.
Volume 37 - Page 272
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
September 12, 1983
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Mr. Wynn stated, if the City Council concurs GPA 82 -2/
with this approach, the following condition Tfk Study/
should be added as Condition No. 3 of the Resub 752/
Traffic Study, Condition No. 48 of Site Pln Rv
Resubdivision No. 752, Condition No. 44 of 32
Site Plan Review No. 32, and the Resolution
adopting General Plan Amendment No. 82 -2
should be amended accordingly:
Prior to the issuance of any grading
permit, the sum of $125,000 shall have
been deposited with the City. In
addition, a balance of $713,170 shall be
deposited with the City prior to
occupancy of the hotel. This condition
shall be interpreted as satisfying all
noise wall, traffic signal and traffic
circulation system improvement
obligations of the Four Seasons Hotel as
previously set forth under Traffic Study
Conditions No. 1 and 2; Resubdivision
No. 752 Conditions No. 23, 24, 25, 28,
40, 41 and 42; Site Plan Review No. 32
Conditions No. 2 and 3, and the
resolution adopting General Plan
Amendment No. 82 -2."
Discussion ensued with respect to parking,
and Block 600, wherein Mr. Neish stated that
he was not aware of what The Irvine Company's
plans were for the future of Block 600. He
noted, however, that whatever occurs, it will
require a general plan amendment. He stated
that regarding the hotel site and parcel 2,
immediately north of the hotel) The Irvine
Company has to provide to the Four Seasons in
perpetuity forever" on that site, the number
of parking spaces that are there. He added
that he is a tenant in Block 600 and that
there is presently an over - surplus of
parking.
The following persons addressed the Council
and spoke in support of General Plan
Amendment No. 82 -2:
Bernard Sampson, President, Big Canyon
Community Association
Bjorn Sedleniek, President, Fashion
Island Merchants' Association
Maurice DeWald, past President, Newport
Center Association, 7 Hermitage
Lane
Dick Marowitz, 2719 Setting Sun Drive,
Corona del Mar
David Steinmetz, past President, Newport
Harbor Art Museum
John McNabb, resident
Dr. Eileen Spear, Biochemist, Beckman
Instruments
Volume 37 - Page 273
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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o 'V ',vGSeptember 12, 1983
Rnl t
MINUTES
INDEX
The Director of Public Works summarized the CPA 82 -2/
traffic phasing analysis and the improvements Tfk Study/
that would be needed, as set forth in the Resub 752/
staff report. Site Pln Rv
32
In response to question raised by Mayor Hart,
Mr. Neish stated that shuttle service to LAX,
John Wayne and Ontario Airports will be
provided to hotel guests, but not in a van
like other hotels.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion x Mayor Pro Tem Maurer spoke in support of the
Four Seasons Hotel, and made a motion to
sustain the recommendations of the Planning
Commission; and
Adopt Resolution No. 83 -91 accepting, Res 83 -91
approving and certifying the Final EIR
Attachment A, Exhibit 1);
Make the Findings contained in the
Statement of Facts (Attachment A,
Exhibit 2) with respect to
significant impacts identified in
the Final EIR;
Find that the facts set forth in the
Statement of Overriding Considerations
Attachment A, Exhibit 3) are true and
are supported by substantial evidence in
the record, including the Final EIR:
With respect to the project, find that
although the Final EIR identifies
certain unavoidable significant
environmental effects that will result
if the project is approved, those
mitigation measures identified in
Attachment A, Exhibit 4) shall be
incorporated into the proposed project,
and all significant environmental
effects that can feasibly be mitigated
or avoided have been eliminated or
reduced to an acceptable level, and that
the remaining unavoidable significant
effects, when balanced against the facts
set forth in said Statement of
Overriding Considerations (Attachment A,
Exhibit 3), giving greater weight to the
unavoidable environmental effects, are
acceptable;
Adopt Resolution No. 83 -92 approving the Res 83 -92
amendment to the Land Use Element of the
Newport Beach General Plan (Attachment
A, Exhibit 5);
Volume 37 - Page 274
COUNCIL MEMBERS
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Noes
CITY OF NEWPORT BEACH
MINUTES
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Approve the Traffic Study with the GPA 82 -2/
Findings and subject to the Conditions Tfk Study/
as recommended by the Planning Resub 752/
Commission (Attachment C); Site Pln Rv
32
Sustain the action of the Planning
Commission and approve Resubdivision No.
752 with the Findings and subject to the
Conditions as recommended (Attachment
C);
Sustain the Action of the Planning
Commission and approve Site Plan Review
No. 32 with the Findings and subject to
the Conditions as recommended
Attachment C);
AND
That prior to the issuance of any
grading permit, a sum of $125,000 shall
have been deposited with the City. In
addition, a balance of $713,170 shall be
deposited with the City prior to
occupancy of the hotel; and further,
that Condition No. 39 of Site Plan
Review be deleted, and the Offsite
Parking Agreement come back to City
Council for review.
Council Member Strauss expressed his reasons
for not supporting the motion, and other
Council Members remarked in favor of the
project.
x x x x x x The motion was voted on and carried.
x
4. Public hearing regarding the VACATION OF A Vacation/
PORTION OF 32ND STREET SOUTH OF WEST BALBOA 32nd St
BOULEVARD. Also involved is the purchase of 90)
right -of -way from the City of Newport Beach;
the dedication to the City of Newport Beach
right -of -way; the acceptance of bonds and
agreements; the approval of an agreement
related to City Council Policy P -1; and the
approval of the Final Map of Tract No. 11906, inal Map
a request of MAX MORGAN, Newport Beach, to Tr 11906/
approve a final map subdividing 1.695 acres Max Morgan
of land into eight lots for residential
condominium development; one lot for
residential duplex development; located at
120 -32nd Street, on the southwesterly side of
West Balboa Boulevard between 31st Street and
33rd Street in West Newport; zoned R -2, was
presented.
Report from Planning and Public Works
Departments, was presented.
Volume 37 - Page 275
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ROLL CALL INDEX
15. That the project shall be so designed to eliminate light and
glare spillage on adjacent streets and uses.
16. That no outdoor loudspeaker or paging system shall be
permitted in conjunction with the proposed operation.
17. That the hours of operation of the mini- storage facility shall
be limited between the hours of 6:00 a.m. and 10:00 p.m.
18. That all conditions of approval of Amendment No. 790 and
Traffic Study No. 91 and related mitigation measures of the
environmental document shall be fulfilled.
19. That this Site Plan Review shall expire unless exercised
within 24 months from the date of approval as specified in
Section 20.01.070 K of the Newport Beach Municipal Code.
x x s
A Site Plan Review No . 32 (Amended) (Public Hearin Item No.3
Request to amend a previously approved Site Plan Review which SPR 32 (A)
permitted the construction of the 325 room Four Seasons Hotel in TS 92
Newport Center. The proposal also included: the establishment
of an off -street parking requirement based upon a demonstrated Approved
formula; the acceptance of two off -site parking agreements; and a
edification to the Zoning Code so as to allow the use of compact
ar spaces, tandem parking spaces with valet service and two
versized wall signs. The proposed amendment includes a request
o construct a 9,000± sq. ft. ballroom/banquet facility with
ciliary uses to include a kitchen, restrooms, storage and pre -
ction areas. A 3,600± sq.ft. lawn area for various functions is
lso proposed; an additional off -site parking agreement for the
equired parking spaces in an adjoining parking structure located
it 630. Newport Center Drive; and the acceptance of an
nviranmental document.
AND
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CITY OF NEWPORT BEACH
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B. Traffic Study No. 92 (Public Hearing)
Request to approve a Traffic Study so as to permit the
construction of a 9,000± square foot ballroom/banquet facility
with ancillary uses to include a kitchen, restrooms, a storage area,
pre - function areas, and a 3,600± sq.ft. lawn area to be used for
outdoor functions.
LOCATION: Parcels 1, 2, 3 and 4 of Parcel Map 19/13 -15,
Resubdivision No. 752) located at 690
Newport Center Drive, on the northeasterly
corner of Newport Center Drive and Santa
Cruz Drive, in Newport Center.
ZONE: APF -H
APPLICANT: The Irvine Company, Newport Beach
OWNER: Same as applicant
Commissioner Edwards requested that James Hewicker, Planning
Director, clarify the suggested changes to conditions of approval
for Site Plan Review No. 32 (Amended), that were distributed to
the Planning Commission prior to the public hearing.
Mr. Hewicker addressed suggested revised Condition No. 5
egarding the off -site parking agreement. He explained that the
suggested condition would allow the applicant to obtain the City
Council's approval of an off -site parking agreement within 120
days of the issuance of the first building permit for the proposed
hotel expansion.
Mr. Hewicker recommended that original Condition No. 13 stating
That prior to occupancy, the applicant shall deposit $50,000.00
owards the cost of installing a traffic signal at the intersection of
ewport Center Drive and Center Drive, be deleted. The suggested
new condition states That the collection of Fair Share Traffic
Contribution fees for the use of the lawn area adjacent to the
13-
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ROLL CALL INDEX
roposed ballroom shall be deferred by the City pending the
cheduling of the first use of this area for an outdoor event. Mr.
ewicker explained the applicant and staff discussed the Fair
hare Fee contribution for the lawn area, and the applicant
ndicated that it was not certain that the lawn would be used for
utdoor functions. It was determined that the collection of the
air Share Fee would be postponed until after the first event had
een scheduled.
uggested revised Condition No. 15 addresses advertising in the
Us shelter located on private property adjacent to the hotel on
ewport Center Drive, and the condition would allow advertising
ithin Newport Center and Fashion Island.
uggested revised Condition No. 18 addresses the expiration of the
roposed Site Plan Review. The Irvine Company requested that
he condition be modified to allow for a 36 month period.
response to questions posed by Commissioner Glover regarding
he aforementioned Condition No. 13, Mr. Hewicker explained
at if a traffic signal is installed at the intersection of Newport
enter Drive and Center Drive, it would be installed at the City's
xpense. Mr. Hewicker further replied that the Fair Share Traffic
ontribution fee is based on the cost per trip and the number of
ps.
e public hearing was opened in connection with this item, and
Tom Redwitz appeared before the Planning Commission on
ehalf of the applicant. He concurred .with the findings and
onditions in Exhibit "X as revised by staff.. The proposal would
ncrease the occupancy rate of the hotel up to approximately
0,000 room nights per year, and it would increase the bed tax to
he City to approximately $150,000 per year and it would also
ncrease the sales tax to approximately $30,000 per year.
response to questions posed by Commissioner Ridgeway
egarding the disparity of the aforementioned suggested Conditions
o. 5 and No. 18, Mr. Redwitz and Mr. Bill Dunlap, Vice
14-
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President of Development for The Irvine Company explained that
the economic investment will be considered after The Irvine
Company reviews the conditions on the approval, and the bids that
will be submitted on the proposed project.
Commissioner Glover suggested a pathway be constructed between
the Hotel and Neiman Marcus. Mr. Redwitz replied that the
suggestion would be reviewed and he indicated that the Hotel's
expansion would affect the sales tax revenue throughout the City.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
In response to questions posed by Commissioner Edwards
regarding the original Condition No. 13 and the suggested
Condition No. 13, Mr. Hewicker replied that the $50,000.00 for the
installation of a traffic signal would not have been included in the
air Share Fee. If it is ultimately determined that the Hotel
would use the lawn area for functional purposes in conjunction
with the ballroom the Fair Share Fee will be collected.
In response to a question posed by Commissioner Edwards with
regard to the traffic signal at Newport Center Drive and Center
Drive, Don Webb, City Engineer, explained that it is not normally
City policy to construct traffic signals at private driveways
inasmuch as it is the property owner's responsibility if it is
required at the time of the original development. The City Traffic
Engineer has indicated that the intersection does not meet normal
traffic signal warrants that are established by the State of
California.
In response to a question posed by Commissioner Gifford, Mr.
Webb replied that members of the public in the general vicinity
equested that the City install a traffic signal at the intersection
of Newport Center Drive and Center Drive; however, the City
Council will determine if the use of public funds is on their
priority list to install a traffic signal at the intersection.
10
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CITY OF NEWPORT BEACH J 6 1994anuary ,
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In response to a question posed by Commissioner Edwards, Robin
Flory, Assistant City Attorney, explained that when a condition is
imposed on a development it is necessary to indicate that there is
a nexus between the impacts caused by the development. It was
determined that the development would not impact the
intersection to the extent that a traffic signal would be required.
Mr. Webb explained that when the Four Seasons Hotel was
originally approved a traffic signal was originally conditioned at
that location if traffic signal warrants were met within five years.
The warrants were not met within five years and so the bonds
were released.
notion Motion was made and voted on to approve Site Plan Review No.
32 (Amended) and Traffic Study No. 92 subject to the findings and
conditions in Exhibit "A", as revised. Commissioner Glover stated
Ayes that it has been determined that there is not a nexus and that the
City should pay for the traffic signal if it is necessary. MOTION
CARRIED.
A. Environmental Document: Accept the environmental
document, making the following findings and imposing the
following mitigation measures:
Findings:
1. That an Initial Study and Negative Declaration have been
prepared in compliance with the Environmental Quality
Act (CEQA), the State CEQA Guidelines, and Council
Policy K -3.
2. On the basis of the analysis set for in the Initial Study
and Negative Declaration, including the mitigation
measures listed, the proposed project does not have the
potential to significantly degrade the quality of the
environment.
There are no long -term environmental goals that would be
compromised by the project.
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4. No cumulative impacts are anticipated in connection with
this or other projects.
S. There are no known substantial adverse affects on human
beings that would be caused by the proposed project.
6. That the contents of the environmental document have
been considered in the various decisions on this project.
Mitigation Measures:
1. Prior to the issuance of any building permit the applicant
shall demonstrate to the Planning Department that the
lighting system shall be designed, directed, and maintained
in such a manner as to conceal the light source and to
minimise light spillage and glare to the adjacent properties.
The plans shall be prepared and signed by a licensed
Electrical Engineer, with a letter from the engineer stating
that, in his opinion, this requirement has been met.
2. Use of the function lawn area shall be prohibited between
the hours of 6:00 a.m. and 10:00 a.m. weekdays, until such
time as the northbound Jamboree Road on -ramp to the
SR -73 is constructed.
3. Prior to issuance of a grading permit, the applicant shall
demonstrate to the Planning Department that the project
will comply with Council Policies K -S and K -6 regarding
archaeological and paleontological resource investigation,
surveillance and recovery.
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6 1994anuary ,
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B. Site Plan Review No. 32 (Amende )
Fin '
1. That development of the subject property will not preclude
implementation of specific General Plan objectives and
policies.
2. That the value of property is protected by preventing
development characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropriate
placement of structures and failure to preserve where
feasible natural landscape features, open spaces, and the
like, resulting in the impairment of the benefits of
occupancy and use of existing properties in such area.
3. That benefits derived from expenditures of public funds for
improvement, acquisition and beautification of streets,
parks, and other public facilities are maximized by the
exercise of reasonable controls over the layout and site
location characteristics of the proposed development.
4. That the site does not contain any unique landforms such
as coastal bluffs.
5. That the development is compatible with the character of
the neighborhood and will contribute to the orderly and
harmonious development of surrounding properties and the
City.
6. That there are no unique site characteristics or
environmentally sensitive areas on -site which should be
protected.
7. The property does not contain any areas of unique geologic
hazards.
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8. The development is consistent with the General Plan of the
City of Newport Beach.
9. That there are no archeological or historical resources on-
site.
10. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
development.
11. That public improvements may be required of the applicant
per Section 19.08.1020 of the Municipal Code and Section
66415 of the Subdivision Map Act.
12. The project will substantially comply with all applicable
City and State Building Codes and Zoning requirements for
new buildings applicable to the district in which the
proposed project is located.
13. Adequate off - street parking and related vehicular
circulation are being provided in conjunction with the
proposed development.
14. That the proposed off -site parking area is so located as to
be useful in conjunction with the proposed ballroom and
function lawn.
15. That the parking on such lot will not create undue traffic
hazards in the surrounding area.
16. That the off -site parking lot and the building site are in the
same ownership, and the owner is entitled to the immediate
possession and use thereof.
17. That the owner and the City, upon the approval of City
Council, will execute a written instrument or instruments,
approved as to form and content by the City Attorney,
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providing for the maintenance of the required off - street
parking on such lot for the duration of the proposed use or
uses on the building site. Such instruments will be
recorded in the office of the County Recorder and copies
thereof filed with the Planning Development.
Conditions:
1. That the proposed development shall be in substantial
compliance with the approved site plan, floor plans, and
elevations, except as noted below.
2. That all previous applicable conditions of approval for Site
Plan Review No. 32, Site Plan Review No. 32 (Amended)
as approved on December 6, 1984 and August 8, 1991 and
Use Permit No. 3119 shall be fulfilled.
3. That all improvements be constructed as required by
Ordinance and the Public Works Department.
4. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the City Traffic Engineer.
5. That the applicant shall obtain the City Councirs approval
of an off -site parking arrangement which provides for 270
parking spaces within the parking structure located at 630
Newport Center Drive within 120 days of the issuance of
the first building permit for the proposed hotel expansion.
6. That the required number of handicapped parking spaces
shall be designated within the off -site parking area and
shall be used solely for handicapped self- parking. One
handicapped sign on a post and one handicapped sign on
the pavement shall be required for each handicapped space.
7. That the intersection of the private street and drives be
designed to provide sight distance for a speed of 25 miles
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per hour. Slopes, landscape, walls and other obstruction
shall be considered in the sight distance requirements.
Landscaping within the sight line shall not exceed twenty-
four inches in height.
8. That all mechanical equipment and trash areas shall be
screened from Public Streets and adjoining properties.
9. That County Sanitation District fees be paid prior to
issuance of any building permits.
10. That the Edison transformer serving the site be located
outside the sight distance planes as described in City
Standard 110 -L.
11. Disruption caused by construction work along roadways and
by movement of construction vehicles shall be minimized by
proper use of traffic control equipment and flagmen.
Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and
local requirements.
12. That prior to the issuance of any building permit, the
applicant shall deposit $100,000.00 for the installation of a
traffic signal at the intersection of Santa Cruz Drive and
San Clemente Drive /Center Drive.
13. That the collection of Fair Share Traffic Contribution fees
for the use of the lawn area adjacent to the proposed
ballroom shall be deferred by the City pending the
scheduling of the first use of this area for an outdoor event.
14. That the bus shelter on San Joaquin Hills Road east of
Santa Cruz Drive shall be removed. (No buses travel this
section of San Joaquin Hills Road)
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15. Advertising in the bus shelter adjacent to the hotel, on
Newport Center Drive, shall be restricted to businesses
located within Newport Center and Fashion Island.
16. Unless otherwise approved, a parking plan showing the
tandem and compact spaces and the valet operation area
shall be submitted to the City Traffic Engineer for review.
17. That the condition of Traffic Study No. 92 shall be fulfilled.
18. That this Site Plan Review shall expire unless exercised
within 36 months from the date of approval.
C. Traffic Study No. 92: Approve the Traffic Study, making
the findings listed below:
Findings
1. That a Traffic Study has been prepared which analyzes the
impact of the proposed project on the circulation system in
accordance with Chapter 15.40 of the Newport Beach
Municipal Code and Council Policy S -1.
2. That the Traffic Study indicates that the project- generated
traffic will neither cause nor make worse an unsatisfactory
level of traffic on any 'major', 'primary- modified', or
primary' street.
n 'don:
1. Use of the outdoor function area shall be prohibited
between the hours of 6:00 a.m. and 10:00 am. weekdays
until such time as the northbound Jamboree Road on -ramp
to the SR -73 is constructed.
22-
0
December 6, 1984
of Newport Beach
A. Use Permit No. 3119 (Public Hearing)
Request to construct a three level parking structure
with parking on the roof for the Four Seasons Hotel,
and the acceptance of an environmental document. The
parking structure will accommodate both guest and valet
parking.
0
B. Site Plan Review No. 32 (Amended) (Discussion)
Request to amend a previously approved Site Plan Review
which permitted the construction of 325 room Four
Seasons Hotel in Newport Center in the C -0 -H District.
The proposal also included: The establishment of an
off- street parking requirement based upon a demonstrat-
ed formula; the acceptance of two off -site parking
agreements; and a modification to the zoning Code so as
to allow the use of compact car spaces, tandem parking
spaces with valet service and two oversized wall signs.
The proposed amendment includes revisions to the
approved site plan so as to allow: (1) the reconfigura-
tion of two tennis courts, (2) the realignment of the
main entry drive to the hotel and to Center Drive, and
3) the elimination of the approved valet parking area
with tandem parking spaces to be replaced with land-
scaping.
LOCATION: A portion of Lot 22, Tract No. 6015,
located at 600 Newport Center Drive, on
the northeasterly corner of Newport
Center Drive and Santa Cruz Drive, in
Newport Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Toronto,
Ontario, Canada
OWNER: The Irvine Company, Newport Beach
Mr. Hewicker advised that Condition No. 42 has been
modified to state that the landscaping plans in the
open area of Parcel 2 shall provide a park scenario
instead of the previously stated grass.
The public hearing opened in connection.with this item,
and Mr. David Neish, representing the applicant,
appeared before the Planning Commission. Mr. Neish
30
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0 .
Item #8
UP 3119
Site Plan
No. .32
Approved
Condition-
ally
xcO O2
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0 :0 a z r Q 2C= N o S 0 0
M m o m a r m2992nm
0
December 6, 1984
of Newport Beach
A. Use Permit No. 3119 (Public Hearing)
Request to construct a three level parking structure
with parking on the roof for the Four Seasons Hotel,
and the acceptance of an environmental document. The
parking structure will accommodate both guest and valet
parking.
0
B. Site Plan Review No. 32 (Amended) (Discussion)
Request to amend a previously approved Site Plan Review
which permitted the construction of 325 room Four
Seasons Hotel in Newport Center in the C -0 -H District.
The proposal also included: The establishment of an
off- street parking requirement based upon a demonstrat-
ed formula; the acceptance of two off -site parking
agreements; and a modification to the zoning Code so as
to allow the use of compact car spaces, tandem parking
spaces with valet service and two oversized wall signs.
The proposed amendment includes revisions to the
approved site plan so as to allow: (1) the reconfigura-
tion of two tennis courts, (2) the realignment of the
main entry drive to the hotel and to Center Drive, and
3) the elimination of the approved valet parking area
with tandem parking spaces to be replaced with land-
scaping.
LOCATION: A portion of Lot 22, Tract No. 6015,
located at 600 Newport Center Drive, on
the northeasterly corner of Newport
Center Drive and Santa Cruz Drive, in
Newport Center.
ZONE: C -O -H
APPLICANT: Four Seasons Newport Center, Toronto,
Ontario, Canada
OWNER: The Irvine Company, Newport Beach
Mr. Hewicker advised that Condition No. 42 has been
modified to state that the landscaping plans in the
open area of Parcel 2 shall provide a park scenario
instead of the previously stated grass.
The public hearing opened in connection.with this item,
and Mr. David Neish, representing the applicant,
appeared before the Planning Commission. Mr. Neish
30
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0 .
Item #8
UP 3119
Site Plan
No. .32
Approved
Condition-
ally
xc
C 9 r
z C m
W a a z
C Z N C
Y a = y
OO
T
Mz
December 6, 1984
of Newport Beach
2. That a minimum of one parking space shall be
provided for each 5 occupants in the cooking
school, with the occupant load to be determined in
accordance with the provisions of the Uniform
Building Code; that a minimum of 21 parking spaces
shall be provided in conjunction with the take -out
restaurants; and that one parking space shall be
provided for each 250 sq.ft. of gross floor area
for the remaining floor area.
3. That the striping plan for the existing parking
area to the north of the Atrium Court building
shall be redesigned so as to conform to the City's
Standards for commercial parking .spaces. The
striping plan shall be approved by the City
Traffic Engineer.
4. That a washout area for the restaurants' trash
containers be provided in such a way as to insure
direct drainage into the sewer system and not into
the Bay or the storm drains if required by the
Building Department.
5. That grease interceptors shall be installed on all
fixtures in the restaurant facilities where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Building Code if required by the Building
Department.
6. That the Planning Commission may add and /or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit
causes injury, or is detrimental to the health,
safety, peace, morals,.comfort, or general welfare
of the community.
7. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
8. That the applicant shall install a commercial
trash compactor for the . proposed take -out
restaurants.
29
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0
COM
stated that the applicant agrees with modified
Condition No. 42 regarding the extensive landscaping=
however, the applicant has emphasized that the
requested landscaping on the vacant land area will not
be as elaborate as the landscaping around the Four
Seasons Hotel.
Mr. Neish informed the Planning Commission that the
applicant has requested that Conditions No. 12 and 13
be eliminated.
The applicant has stated that Condition No. 12,
requesting a pedestrian sidewalk between the bus stop
and the stairway to the Wells Fargo Building, is not
necessary because the applicant is concerned that the
sidewalk would not be utilized often enough to
substantiate the costs involved.
Mr. Neish stated that the applicant opposes Condition
No. 13, requesting that the steps be eliminated between
the hotel and Santa Cruz Drive, because the most direct
route between the hotel and Newport Center Drive
requires steps; otherwise, a switchback path would be
necessary through that area.
Mr. Webb described the proposed pedestrian circulation
plan in the area around the hotel. Mr. Webb stated
that the proposed plan will simplify the pedestrian
pathway around Newport Center and Fashion Island. Mr.
Webb explained to Chairman Winburn that the way the
hotel is situated it is very difficult for a pedestrian
to cross over into the Fashion Island area.
In response to a question posed by Commissioner
Koppelman, Mr. Webb stated that in a public walkway
area it is advised to keep steps at a minimum. Mr.
Webb commented that either way there is a steep grade
from the hotel to the street.
Mr. Neish responded to Mr. Webb's comments by stating
that the Four Seasons Hotel should not be solely
responsible for the pedestrian circulation system
within the hotel area, and that the City has requested
that the hotel provide two bus stops which the
applicant does not feel is necessary.
The public hearing was closed at this time.
31
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xXT December 6, 1984
c O o
i p y mysrvzcmmz
C zz= N O S9 O O City of Newport Beacham
stated that the applicant agrees with modified
Condition No. 42 regarding the extensive landscaping=
however, the applicant has emphasized that the
requested landscaping on the vacant land area will not
be as elaborate as the landscaping around the Four
Seasons Hotel.
Mr. Neish informed the Planning Commission that the
applicant has requested that Conditions No. 12 and 13
be eliminated.
The applicant has stated that Condition No. 12,
requesting a pedestrian sidewalk between the bus stop
and the stairway to the Wells Fargo Building, is not
necessary because the applicant is concerned that the
sidewalk would not be utilized often enough to
substantiate the costs involved.
Mr. Neish stated that the applicant opposes Condition
No. 13, requesting that the steps be eliminated between
the hotel and Santa Cruz Drive, because the most direct
route between the hotel and Newport Center Drive
requires steps; otherwise, a switchback path would be
necessary through that area.
Mr. Webb described the proposed pedestrian circulation
plan in the area around the hotel. Mr. Webb stated
that the proposed plan will simplify the pedestrian
pathway around Newport Center and Fashion Island. Mr.
Webb explained to Chairman Winburn that the way the
hotel is situated it is very difficult for a pedestrian
to cross over into the Fashion Island area.
In response to a question posed by Commissioner
Koppelman, Mr. Webb stated that in a public walkway
area it is advised to keep steps at a minimum. Mr.
Webb commented that either way there is a steep grade
from the hotel to the street.
Mr. Neish responded to Mr. Webb's comments by stating
that the Four Seasons Hotel should not be solely
responsible for the pedestrian circulation system
within the hotel area, and that the City has requested
that the hotel provide two bus stops which the
applicant does not feel is necessary.
The public hearing was closed at this time.
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COM MINUTES
December 6, 1984
Commissioner Eichenhofer recommended that the top of
C o n
the parking structure should have some type of
A 9 m
landscaping similar to that required in surface parking
C v r 9
areas. Mr. Hewicker commented that there would be
z c m a m z
planting cascading along the side of the parking
Go
M
S Z r G 2
m City of Newport Beachm
In response to Commissioner Koppelman's question
MINUTES
Commissioner Eichenhofer recommended that the top of
the parking structure should have some type of
landscaping similar to that required in surface parking
areas. Mr. Hewicker commented that there would be
planting cascading along the side of the parking
structure.
In response to Commissioner Koppelman's question
stating that the dollar figures in Condition No. 39
vary from the dollar figures in the modified Condition
No. 39, Ms. Patricia Temple replied that the current
figures were reduced approximately one -half subsequent
to the original application consistent with the Fair
Share Ordinance adopted by the City.
Motion Motion was made to approve Use Permit No. 3119 and Site
All Ayes Plan Review No. 32 (Amended) subject to the findings
and conditions in Exhibit "A ", with the exception of
deleting Condition No. 13, and the approval of modified
Finding No. 11 and Conditions No. 39 and 42. MOTION
CARRIED.
A. ENVIRONMENTAL DOCUMENT
FINDINGS:
1. That an Initial Study and Negative Declaration
have been prepared in compliance with the
California Environmental Quality Act, and that
their contents have been considered in the
decisions on this project.
2. That based on the information contained in the
Negative Declaration, the project incorporates
sufficient mitigation measures to reduce
potentially significant environmental effects, and
that the project will. not result in significant
environmental impacts.
3. The project will not have any significant
environmental impact.
B. USE PERMIT NO. 3119
FINDINGS:
1. That the proposed use is consistent with the Land
Use Element of the General Plan, and is compatible
with surrounding land uses.
32
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December 6, 1984
of Newport Beach
F a O OSm
Czc m o m z
m a Z O S
C 2z N O L O OzDTODT
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December 6, 1984
of Newport Beach
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INDEX
2. That the proposed parking structure with roof -top
parking is compatible with the surrounding land
uses and is similar to other parking structures in
the area.
3. The approval of Use Permit No. 3119 will not under
the circumstances of this case be detrimental to
the health, safety, peace, morals, comfort and
general welfare of persons residing and working in
the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or
the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plan, and elevations.
2. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that a
minimum of 363 parking spaces shall be provided
for the duration of the proposed use on property
located at 690 Newport Center Drive.
3. That the vehicular and pedestrian circulation
systems in the proposed parking structure be
subject of further review by the City Traffic
Engineer.
C. SITE PLAN REVIEW NO. 32 (AMENDED)
FINDINGS:
1. The proposed development is consistent with the
General Plan and will not preclude the attainment
of General Plan objectives and policies.
2. The proposed development will not adversely affect
the benefits of occupancy and use of existing
properties within the area.
3. The proposed development does not adversely affect
the public benefits derived from expenditures of
public funds for improvement and beautification of
street and public facilities within the area.
4. The proposed development promotes the maintenance
of superior site location characteristics
adjoining major thoroughfares of City -wide
importance.
33
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COMMISSIONERS
C F
f v a 0 mrzcmomz
W a 0 Z r 0 2Czav300
M m o m a a r
I a z 7 z M m
0
December 6, 1984
of Newport Beach
5. That the Findings listed in "A" of this Exhibit
are made to this portion of the project.
6. Adequate parking spaces and related vehicular
circulation will be provided in conjunction with
the proposed development.
7. The off -site parking areas are so located as to be
useful in conjunction with the proposed uses on
the building sites.
8. Parking on such lots will not create undue traffic
hazards in the surrounding area.
9. Such lots and the building site are in the same
ownership.
10. The owner and the City, upon the approval of City
Council will execute a written instrument of
instruments, approved as to form and content by
the City Attorney , providing for the maintenance
of the required off - street parking on such lots
for the duration of the proposed use or uses on
the building site or sites.
11. That the vacant area resulting from this Site Plan
Amendment can be used for passive open space use
or for office or residential use transferred to
the site from existing allowable development
rights in Newport Center (8400 sq.ft. office,
t 423 dus) subject to review and approval of the
City. Any use of the site other than that which
is currently allowed in Newport Center is subject
to review and approval of a General Plan
Amendment.
1. That development shall be in substantial
conformance with the approved site plan, sign
plans, floor plans, and elevations, except as
noted in the conditions of approval.
2. That all conditions of the approved Traffic Study
be met.
3. That the conditions of Resubdivision No. 752 be
met.
34
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INDEX
L! December 61 1984
4. Construction to meet the requirements of
a 0
the uniform Building Code & California
L
Administrative Code - Titles 19 & 24.
v m
5. Any construction on the site should be done in
z CC m m z
accordance with the height restriction for the
c z w v sm oT 0 City of Newport BeachMZm
materials, signs, flags, etc. as well as
INDEX
4. Construction to meet the requirements of
the uniform Building Code & California
Administrative Code - Titles 19 & 24.
5. Any construction on the site should be done in
accordance with the height restriction for the
area. Said should apply to any landscape
materials, signs, flags, etc. as well as
structures.
6. That within thirteen feet of the Newport Center
Drive and of Santa Cruz Drive property lines that
no fence or combination retaining wall and fence
be higher than curb height.
7. That a minimum fifteen feet (15') landscape and
sidewalk buffer be maintained between the tennis
court fence and property line along Newport Center
Drive.
8. That within seventy -five feet of the hotel the
proposed five and one -half feet (5'1) stucco wall
along Newport Center Drive shall be permitted
within 11 feet of the property line and a screened
retaining wall shall be permitted.
9. The project applicant shall obtain an agreement to
utilize adjacent parking facilities during the
construction period. The applicant shall obtain
an additional agreement for overflow parking
during peak periods, and for special events. Said
agreement(s) shall be reviewed and approved by the
City Attorney and Planning Department prior to the
issuance of any building or grading permits.
10. That the Hotel provide a total of 369 standard
size parking spaces on -site (Parcel No. 3) and
off -site on Parcel No. 2. If additional parking
is required, the parking plan may be modified to
increase the number of spaces by allowing up to
258 compact spaces, subject to the approval of the
Planning Commission.
11. That parking spaces shall be provided for
handicapped persons. The number and location of
these spaces shall be provided in a manner
approved by the City Traffic Engineer and Building
Department.
35
COMMISSIONERS MINUTES
x a December 6, 1984co0
xm
z a= City of Newport BeachCZN0roo
12. That a pedestrian sidewalk be provided between the
bus stop on San Joaquin Hills Road and the
stairway to the Wells.Fargo Building.
13. (Deleted by Planning Commission)
14. That the final design of all on -site vehicular and
pedestrian circulation, and parking be reviewed
and approved by the City Traffic Engineer and
Planning Department.
15.. All parking areas and the parking structure shall
be subject to further review and approval by the
Traffic Engineer. This review shall include, but
not be limited to, the number and location of
compact (except for Hotel) and handicap spaces,
aisle widths, access control and maximum slope of
ramps and parking areas..
16. No access shall be allowed from Santa Cruz Drive
to the overflow parking lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that a
total of 369 parking spaces shall be provided for
the duration of the Four Seasons Hotel. The
portion of the 369 total spaces which are not
on- site" shall be located on Parcel No. 2. The
term of the agreement shall be equal to the
expected life of all structures within Parcel No.
3 or Resubdivision No. 752 as may be determined by
the City based upon information supplied by the
applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel No.
1 for the duration of the Wells Fargo Building.
Such spaces shall be within 300 feet of the
office. The term of the agreement shall be equal
to the expected life of the Wells Fargo Building
as may be determined by the City based upon
information supplied by the applicant.
19. That the lighting system shall be designed and
maintained in such a manner. as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
36
12. That a pedestrian sidewalk be provided between the
bus stop on San Joaquin Hills Road and the
stairway to the Wells.Fargo Building.
13. (Deleted by Planning Commission)
14. That the final design of all on -site vehicular and
pedestrian circulation, and parking be reviewed
and approved by the City Traffic Engineer and
Planning Department.
15.. All parking areas and the parking structure shall
be subject to further review and approval by the
Traffic Engineer. This review shall include, but
not be limited to, the number and location of
compact (except for Hotel) and handicap spaces,
aisle widths, access control and maximum slope of
ramps and parking areas..
16. No access shall be allowed from Santa Cruz Drive
to the overflow parking lot.
17. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that a
total of 369 parking spaces shall be provided for
the duration of the Four Seasons Hotel. The
portion of the 369 total spaces which are not
on- site" shall be located on Parcel No. 2. The
term of the agreement shall be equal to the
expected life of all structures within Parcel No.
3 or Resubdivision No. 752 as may be determined by
the City based upon information supplied by the
applicant.
18. That an off -site parking agreement shall be
approved by the City Council, guaranteeing that
212 parking spaces shall be provided on Parcel No.
1 for the duration of the Wells Fargo Building.
Such spaces shall be within 300 feet of the
office. The term of the agreement shall be equal
to the expected life of the Wells Fargo Building
as may be determined by the City based upon
information supplied by the applicant.
19. That the lighting system shall be designed and
maintained in such a manner. as to conceal the
light source and to minimize light spillage and
glare to the adjacent uses. The plans shall be
36
COMMISSIONERS MINUTES
X x m December 6, 1984
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7statingpreparedandsignedbyaLicensed
Engineer; with a letter from the Enginthat, in his opinion, this requiremen
met.
20. The applicant shall provide energy - conserving
street and parking lot lighting and minimize
decorative or non - functional lighting in a manner
acceptable to Planning Director.
21. A lighting plan shall be submitted for review by
the Police Department to ensure adequate lighting
of pedestrian walkways and parking areas.
22. The proposed project shall incorporate an internal
security system (i.e. security guards, alarms,
access limits after hours) that shall be reviewed
by the Planning Department.
23. That a public utility easement be provided to the
City along the easterly property line between
Newport Center Drive and Center Drive for an
existing City water main unless otherwise approved
by the Public Works Department. The configuration
and width of the easement shall be subject to
approval of the Public Works Department.
24. That all buildings on the project site shall be
equipped with fire suppression systems approved by
the Fire Department.
25. That all access to the buildings be approved by
the Fire Department.
26. That all on -site fire protection (hydrants and
Fire Department connections) shall be approved by
the Fire and Public Works Departments.
27. That fire vehicle access shall be approved by the
Fire Department.
28. On -site water mains and fire hydrants locations
are to be approved by the Fire and Public Works
Departments.
29. That a non - standard improvement agreement be
executed by the hotel owner if non - standard
improvements are to be constructed over any City
easements. This agreement shall be executed prior
to construction of any non- standard improvements
over City easements.
37
is
30. Final design of the project shall provide for the
incorporation of water - saving devices for project
lavatories and other water -using facilities.
31. The project shall incorporate the use of
alternative energy technology into building
designs and systems for heating pools and spas at
the hotel. Prior to the issuance of any building
permit for said the applicant shall demonstrate to
the satisfaction of the Planning Director that the
concerns of this condition have been met.
32. That a system shall be designed to trap kitchen
grease and incorporated into the hotel site
design, to the satisfaction of the City of Newport
Beach Building and utilities Departments. The
location of the grease trap shall be easily
accessible and a city representative shall be
allowed access to inspect the system at all times.
The applicant shall also supply to the City for
approval a grease trap maintenance program that
provides for ongoing maintenance and inspections.
33. That the proposed building identification logo as
shown on the easterly and westerly elevations
between the roof and the sixteenth floor shall not
be internally illuminated.
34. Openable windows for guest rooms shall be used to
allow cooling by normal breezes unless it is
determined for certain areas that they are not
appropriate for safety or security reasons.
35. Interior noise levels in the proposed project
shall not exceed 45 CNEL in any habitable space.
36. Prior to the issuance of building permits, a
program for the sorting of recyclable material
form solid wastes shall be developed and approved
by the Planning Department.
37. All proposed development shall provide for weekly
vacuum sweeping of all surface parking areas.
38. The applicant shall plan and implement a program
to encourage the use of high - occupancy vehicles
and alternate transportation modes for employees
and visitors to the Four Seasons Hotel, in a
manner acceptable to the Planning Director. Said
38
MINUTES
X x m December 6, 1984
c o
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C a m v a o 0 of Newport BeachZaM_ Citym
30. Final design of the project shall provide for the
incorporation of water - saving devices for project
lavatories and other water -using facilities.
31. The project shall incorporate the use of
alternative energy technology into building
designs and systems for heating pools and spas at
the hotel. Prior to the issuance of any building
permit for said the applicant shall demonstrate to
the satisfaction of the Planning Director that the
concerns of this condition have been met.
32. That a system shall be designed to trap kitchen
grease and incorporated into the hotel site
design, to the satisfaction of the City of Newport
Beach Building and utilities Departments. The
location of the grease trap shall be easily
accessible and a city representative shall be
allowed access to inspect the system at all times.
The applicant shall also supply to the City for
approval a grease trap maintenance program that
provides for ongoing maintenance and inspections.
33. That the proposed building identification logo as
shown on the easterly and westerly elevations
between the roof and the sixteenth floor shall not
be internally illuminated.
34. Openable windows for guest rooms shall be used to
allow cooling by normal breezes unless it is
determined for certain areas that they are not
appropriate for safety or security reasons.
35. Interior noise levels in the proposed project
shall not exceed 45 CNEL in any habitable space.
36. Prior to the issuance of building permits, a
program for the sorting of recyclable material
form solid wastes shall be developed and approved
by the Planning Department.
37. All proposed development shall provide for weekly
vacuum sweeping of all surface parking areas.
38. The applicant shall plan and implement a program
to encourage the use of high - occupancy vehicles
and alternate transportation modes for employees
and visitors to the Four Seasons Hotel, in a
manner acceptable to the Planning Director. Said
38
MINUTES
MINUTES
X x
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December 6, 1984
c o
program shall include hotel employees being
v X
encouraged to use the OCTD Transit system through
v m
the provision of subsidized bus passes or other
c a
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39. Prior to the issuance of any building permit, the
INDEX
program shall include hotel employees being
encouraged to use the OCTD Transit system through
the provision of subsidized bus passes or other
appropriate means.
39. Prior to the issuance of any building permit, the
sum of $270,671.50 shall have been deposited with
the City. In addition, a balance of $213,828.50
shall be deposited with the City prior to
occupancy of the hotel. This condition shall be
interpreted as satisfying all noise wall, traffic
signal and traffic circulation system improvement
obligations of the Four Seasons Hotel as
previously set forth under Traffic Study
Conditions No. 1 and' 2, Resubdivision No. 752
Conditions No. 23, 24, 25, 28, 40, 41 and 42; Site
Plan Review No. 32 (Amended) Conditions No. 2 and
3, and the Resolution. adopting General Plan
Amendment No. 82 -2.
40. That any rooftop or other mechanical equipment
shall be sound attenuated in such a manner as to
achieve a maximum sound level of 55 dBA at the
property line and that any mechanical equipment
and emergency power generators shall be screened
from view.
41. Signage and exterior lighting shall be of similar
design theme throughout the project and shall be
approved by the Planning and Public Works
Departments.
42. The portion of Parcel 2 not developed with surface
parking or parking structure shall be landscaped
with trees, shrubs, groundcover and paving similar
in character to the hotel grounds. Pedestrian
access shall be provided to allow use of this area
by both hotel patrons and other users of Block
600. The landscape plan shall be prepared by a
licensed landscape architect and be reviewed by
the Planning and Parks, Beaches and Recreation
Departments. The landscaping shall be installed
prior to issuance of the Certificate of Occupancy
for the hotel.
43. That prior to the issuance of building permits,
the Fire Department shall review the proposed
plans and may require automatic .fire sprinkler
protection.
39