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HomeMy WebLinkAbout3014 BREAKERS DR11111111 lill 11111111111111111111111111 ICI 1111111 *NEW FILE* 3014 Breakers Dr Required Parking: clear inside minimum dimension , 9'-4" x 19' single space _ 17'-6" x 19' two spaces ^S / 8' x 16, third/fourth space(s) 'f10M' �p%.�GL^j� �GL�•c�/ Label clear inside dimensions of provided parking spaces Is demolition proposed? No. Number of units to be demolished Fairshare Contribution�,S'S4' vl San Joaquin Hills Transportation Corridor Fee SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers Minutes a rson the plans of and incorporndingsate and the attached; excerpt conditions into the blueline drawings Modifications Committee: Modification required fc approval letter into the blueline drawings Indicate Approval No. on Plans Planning Commission/City Council: Use Permit: No. Variance: No. 32 No. Site Plan Rev/Tract: Site Plan Review: No. /0 5 Amendment: No. other GO✓I rr +rf' 'T�A(�f G Gyy 33� O'YjGA Qini4lPc bt�0/IGS (o4'f-33� •i-0 -5�Vf y •ke- IY- Cv�,d, +terns Public Works: 0.� Apprava Y Easement/Encroachment Permit _ Subdivision Engineer PR 6oeld • (, 2, �� S; _ Traffic Engineer • L�Q,� _ �Csoioq y g Approval of Landscape Plans Significant Links Buling Department: Grididng Engineer Parks Department:�y�•� �pp J Approval of Landscape Plans Con 4J-4r t0 Yi✓VYl/ 4 ��CL1 coastal Approval Required: 14eprIv� Exempt, Because a-5 rY'.Y Categorical Exclusion No. (C.E.O.) Effective Date / (Note: Building permits may be issued 10 days following issuance of 3-23-q C.E.Q. ) 22� r� -GT-3 Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Waiver # Effective Date Coastal Development Permit No. Effective Date Miscellaneous 3. Chimney (and chimney caps etc.) heights permitted only as required by U.B.C. or manufacturer specifications plus additional 12" maximum for cap/spark arrestor. NOTE ON PLANS: Pools, spas, walls, fences, patio covers and other reestanding structures require separate reviews and permits. L.6. Association Approval Advisory Issuance of a Building Permit by the City does not relieve appli�f legal requirement to observe covenants, condi- tions and restrictions which may be recorded against the property or to obtain community association approval of plans. 27a e� l:[Q(pl< I _ : REMARKS: t:�'b/1 Avi 5,o-� A H7,t &ked NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644-3200. �Zec ord c�'a c_UtM_e+ �i Y ( FORMS\RES-20N.COR Rev. 2/94 6k l 1 C- is f M s ala ids k +I/L4, P (01 -j7z? r ' fLVH.' � i a(01 1,4-y re -so 1 f'rvv" pew rAt5-ss'0, 4-o [ov!i RESIDENTIAL ZONING CORRECTIONS 1 Telephone: (7141 644-3200 Plan Check No: TJ Z- 94' Byi enia Garcia, Associate Planner By rChristry Teaa Associate Planner a By:Marc Myers, Associate Planner By: Date: 3- It, - q�j Addreses elf 1 °-I far ��" i'S �✓ Districting Map No. Land Use Element Page No. Corrections Required: R7r. Legal Description: Lot 30,325gBlock A -3 6 Section Tract �d M verify legal description with Public Works covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size (Pq 7 % -t Zone R-I-rpm' 4 fl`o Zncl( ( la�:f No. of Units Allowed j "Y ""Fl4. 122µ Proposed I n,r1 4-7 Maximum �7-7 (i� 9�. Buildable Area ., Pi-/ q D Lot Coverage Maximum Structural Area 7 7 g 5 (Area including exterior walls, stairway(s) on one level and required parking), 1• S x buildable area. _ 'I Proposed Structural Areas 7 I 1.1!5 x buildable area. Ask Provide tissue overlay of calculations verifying proposed square footage. 944 Open Space Area `Sq l.T cu.ft. (Volume of space equal to buildable width x height limit x six). Thin area must be at least six feet in ADy direction (6'x 61x 61), and open on at least two sides, or one side and one and, unless otherwise specified in Zoning Code. Recurred Setbacks - Front / O 1 Rear l 0 1 •�r)V K/ *Vn Right Side, s (Sno11 h•7� Left Side y eAlerl ) P,-°e C r4 y /, ` -C Note: The following may not be permitted to encroach into required setback: Balconies Decks Other Remarks: Fireplaces Bay/Garden Windows - 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showings ✓IS Ave. r.OdeR-v1 131vd location of all buildings, and distance to property lines. VIL distance from face of curb to front property line (verify with Public Works) 74 second and third floor footprints (if applicable) _ all projections (i.e fireplacee� bay windows), label distance(s) to PL(s) KIIA distance between buildings mo-tumolnu •e Measured from natural grade to mid -point of roof. Code allows an additional 510" to the peak of the ridge height. Allowable midpoint zq) Allowable ridge height 2611 G� .SpRI _ Dimension all elev tions from natural grade tot Label�r�atura[ gradde" �,n,�dj f#si� (ye�d rode n all a suet ,oh , y y1p� Vl @U L�W11 �)B� i �t Vlq G CAa t ef"^4-► o i1 1�Id Ma be n Flo d Hatard Area. heck with ui din De artment for minimum finish floor elevations. / Remarks: �7YI�J/VrN�_��VL) �ilr� rG�,✓Y.YLGQS -sko !N i 41 4 Y0 CC 1 COMMISSIONERS July 19, 1990MINUTES ,o o`�s �P s° o' W CITY OF NEWPORT BEACH ROLL CALL INDEX construction storage or delivery of materials shall e store ` within the Ocean Boulevard or Corona del Mar Beach access ramp rights -of -way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 8. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public water and sewer services serving the subject project, including pavement repair prior to the issuance of any grading or building permits. 9. That permitted development shall be designed to minimize the alteration of natural land forms along bluffs. It is also required that the applicant shall sign a waiver of all claims against the public for future liability or damage resulting from permission to build. All required waiver documents shall be recorded with the County of Orange Recorder's Office. 10. That a geologic report that will determine areas of potential instability or hazard along with a map indicating such information must be submitted to the City Grading Engineer. 11. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 12. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 13. That this resubdivision 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 Commission. -18- /0 1 COMMISSIONERS s� .o c n � -% o 14 t- -5 Arply 19, 1990MINUTES CITY OF NEWPORT BEACH ROLL CALL lNOEX residential units, as are a majority of the other lots along Breakers Drive. 7. That the granting of the requested exception will not be detrimental to the public welfare or injurious to other properties in the vicinity, inasmuch as the proposed average width of 46.35± feet for Parcel 2 is greater than the average width of the existing Lot 1 which is only 41.41± feet. onditions: 1. That a parcel map be recorded prior to occupancy, and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water and sewer lateral connection to the public water and service sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That a minimum 18 foot clear width driveway be provided with a reciprocal easement dedicated for ingress and egress, and that a minimum of 24 feet be provided for backing from garages. The design shall be approved by the Public Works Department prior to the issuance of building permits. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Traffic control and transportation of equipment and shall be conducted in accordance with state and materials local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No -17- y RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: CITY OF NEWPORT BEACH i Planning Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659-1768 (SPACE ABOVE THIS LINE FOR RECORDERS USE) WAIVER OF CLAIMS AGAINST THE PUBLIC FOR FUTURE LIABILITY OR DAMAGE RESULTING FROM PERMISSION TO BUILD This Waiver of Claims against the public for future liability or damage resulting from permission to build is entered into on the _day of , 1994, by Old World Craftsman Inc. (hereinafter referred to as "OWC") for the benefit of the City of Newport Beach, California (hereinafter referred to as "NB") as a condition of Resubdivision No. 932. RECITALS A. WHEREAS, OWC is the owner of that real property described on Exhibit "A" attached hereto and incorporated by this reference; and B. WHEREAS, NB is the municipality of location of that real property described on Exhibit "A" attached hereto and incorporated by this reference; and C. WHEREAS, OWC and NB have processed and approved Resubdivision No. 932, containing Condition #9. IT IS THEREFORE AGREED: 1. WAIVER OF CLAIMS. OWC, per Condition #9 of Resubdivision No. 932, waives all claims against the public for future liability or damage resulting from permission to build. 2. ATTORNEYS' FEES. In the event either party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of a breach of any covenant or condition of this Agreement, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, including reasonable attorneys' fees, as may be fixed by the court. 3. GOVERNING LAW. This agreement has been entered into and executed in the State of California and shall be interpreted in accordance with the laws of said State. 4. NOTICES. Any notice or other communications required or permitted hereunder shall be in writing and shall be deemed to have been given by placing in the United States mail, registered or certified, return receipt requested, postage prepaid, or personally delivered, addressed as follows: NB: OWC: City of Newport Beach Old World Craftsman Inc. P.O. Box 1768 14914 Via La Sande Newport Beach, Ca 92658-8915 Del Mar, CA 92014 Each of the foregoing shall be entitled to specify a different address by giving notice of the aforesaid to the other. 5. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties in connection the subject matter hereof, except as specifically set forth herein. No supplements or modifications or waivers or terminations of this Agreement shall be binding unless executed in writing by the parties to be bound thereby. No waiver of any provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 6. INTERPRETATION. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. 7. AUTHORITY. The undersigned individuals an/or entities executing this Agreement on behalf of their respective parties represent and warrant that said individuals are authorized to enter into this Agreement on behalf of such parties, the appropriate corporate or other resolutions have been passed and obtained, and that this Agreement shall be binding on same. 8. EXHIBITS. The documents referred to hereinabove and Exhibits attached hereto are incorporated herein by reference as if set forth in full. 9. EXECUTION OF DOCUMENTS. Each party agrees to execute and deliver such other documents and instruments and to take such further actions as may be reasonably necessary to fully carry out the intent and purposes of this Agreement. 10. HEADINGS. The headings contained in this Agreement have been inserted for convenience only and in no way define or limit the scope or interpretation of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit or the heirs, legatees, estate, executors, legal representatives, successors and assigns of the parties hereto. 12. EXECUTION. IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into as of the date first written above. OWC: NB: Old World Craftsman Inc. City of Newport Beach BY: BY: Kim Campbell ITS: President ITS: 2 EXHIBIT A The land referred to is situated in the State of California, County of Orange, and is described as follows: Lots Thirty, thirty-two, and Thirty-four in Block A-36 of "Corona Del Mar", in the City of Newport Beach, County of Orange, State of California, as shown on a Map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, records of Orange County, California. Except that portion thereof described as follows: Beginning at the most Easterly corner of said Lot 34; thence Northwesterly along the Northeasterly line of said Lot 34, to the beginning of a curve concave to the Southeast and having a radius of 40.0 feet, as described in deed conveying certain property to the City of Newport Beach for street purposes, recorded in Deed Book 684, Page 180 of Deeds, records of said Orange County; thence Southwesterly around said curve to its point of tangency in a line which is 30.0 feet Southeasterly of and parallel with the Northwesterly line of said Block A-36; thence Southwesterly along said parallel line to a point which is 4.65 feet Northeasterly of the Southwesterly line of said Lot 32: thence Northeasterly around a curve tangent to last mentioned parallel line, concave to the Southeast and having a radius of 67.5 feet, a distance of 78.62 feet; thence Southeasterly on a line tangent to last mentioned curve to its intersection with the Southeasterly line of said Lot 34; thence Northeasterly along said Southeasterly line a distance of 2.07 feet, more or less, to the point of beginning, as granted to City of Newport Beach, a municipal corporation of the Sixth Class in deed recorded February 18, 1952 in Book 2288, Page 456 of Official records. RECORDING REQUESTED BY: OLD WORLD CRAFTSMAN INC. WHEN RECORDED MAIL TO: OLD WORLD CRAFTSMAN INC. 14914 VIA LA SENDA DEL MAR, CA 92014 (SPACE ABOVE THIS LINE FOR RECORDERS USE) WAIVER OF CLAIMS AGAINST THE PUBLIC FOR FUTURE LIABILITY OR DAMAGE RESULTING FROM PERMISSION TO BUILD This Waiver of Claims against the public for future liability or damage resulting from permission to build is entered into on the _day of , 1994, by Old World Craftsman Inc. (hereinafter referred to as "OWC") for the benefit of the City of Newport Beach, California (hereinafter referred to as "NB") as a condition of Resubdivision No. 932. RECITALS A. WHEREAS, OWC is the owner of that real property described on Exhibit "A" attached hereto and incorporated by this reference; and B. WHEREAS, NB is the municipality of location of that real property described on Exhibit "A" attached hereto and incorporated by this reference; and C. WHEREAS, OWC and NB have processed and approved Resubdivision No. 932, containing Condition #9. IT IS THEREFORE AGREED: 1. WAIVER OF CLAIMS. OWC, per Condition #9 of Resubdivision No. 932, waives all claims against the public for future liability or damage resulting from permission to build. 2. ATTORNEYS' FEES. In the event either party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of a breach of any covenant or condition of this Agreement, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, including reasonable attorneys' fees, as may be fixed by the court. 3. GOVERNING LAW. This agreement has been entered into and executed in the State of California and shall be interpreted in accordance with the laws of said State. 4. NOTICES. Any notice or other coohunications required or permitted hereunder shall be in writing and shall be deemed to, have been given by placing in the United States mail', registered or certified, return receipt requested, postage prepaid, or personally delivered, addressed as follows: NB: City of Newport P.O. Box 1768 Newport Beach, Beach Ca 92658-8915 OWC: Old World Craftsman Inc. 14914 Via La Senda Del Mar, CA 92014 Each of the foregoing shall be entitled to specify a different address by giving notice of the aforesaid to the other. 5. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties in connection the subject matter hereof, except as specifically set forth herein. No supplements or modifications or waivers or terminations of this Agreement shall be binding unless executed in writing by the parties to be bound thereby. No waiver of any provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 6. INTERPRETATION. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. 7. AUTHORITY. The undersigned individuals an/or entities executing this Agreement on behalf of their respective parties represent and warrant that said individuals are authorized to enter into this Agreement on behalf of such parties, the appropriate corporate or other resolutions have been passed and obtained, and that this Agreement shall be binding on same. 8. EXHIBITS. The documents referred to hereinabove and Exhibits attached hereto are incorporated herein by reference as if set forth in full. 9. EXECUTION OF DOCUMENTS. Each party agrees to execute and deliver such other documents and instruments and to take such further actions as may be reasonably necessary to fully carry out the intent and purposes of this Agreement. 10. HEADINGS. The headings contained in this Agreement have been inserted for convenience only and in no way define or limit the scope or interpretation of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit or the heirs, legatees, estate, executors, legal representatives, successors and assigns of the parties hereto. 12. EXECUTION. IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into as of the date first written above. OWC: NB: Old World Craftsman Inc. City of Newport Beach BY: BY: Kim Campbell ITS: President ITS: 2 EXHIBIT A The land referred to is situated in the State of California, County of Orange, and is described as follows: Lots Thirty, thirty-two, and Thirty-four in Block A-36 of "Corona Del Mar", in the City of Newport Beach, County of Orange, State of California, as shown on a Map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, records of Orange County, California. Except that portion thereof described as follows: Beginning at the most Easterly corner'of said Lot 34; thence Northwesterly along the Northeasterly line of said Lot 34, to the beginning of a curve concave to the Southeast and having a radius of 40.0 feet, as described in deed conveying certain property to the City of Newport Beach for street purposes, recorded in Deed Book 684, Page 180 of Deeds, records of said Orange County; thence Southwesterly around said curve to its point of tangency in a line which is 30.0 feet Southeasterly of and parallel with the Northwesterly line of said Block A-36; thence Southwesterly along said parallel line to a point which is 4.65 feet Northeasterly of the Southwesterly line of said Lot 32: thence Northeasterly around a curve tangent to last mentioned parallel line, concave to the Southeast and having a radius of 67.5 feet, a distance of 78.62 feet; thence Southeasterly on a line tangent to last mentioned curve to its intersection with the Southeasterly line of said Lot 34; thence Northeasterly along said Southeasterly line a distance of 2.07 feet, more or less, to the point of beginning, as granted to City of Newport Beach, a municipal corporation of the Sixth Class in deed recorded February 18, 1952 in Book 2288, Page 456 of Official records. COMMISSIONERS "Ix q CITY OF NEWPORT BEACH July 19, 1990 M1*UZES ROLL CALL INDEX construction storage or delivery of materials shall e stored' within the Ocean Boulevard or Corona del Mar Beach access ramp rights -of -way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 8. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public water and sewer services serving the subject project, including pavement repair prior to the issuance of any grading or building permits. 9. That permitted development shall be designed to minimize the alteration of natural land forms along bluffs. It is also �1 required that the applicant shall sign a waiver of all claims against the public for future liability or damage resulting from permission to build. All required waiver documents shall be recorded with the County of Orange Recorder's Office. 10. That a geologic report that will determine areas of potential instability or hazard along with a map indicating such information must be submitted to the City Grading Engineer. 11. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 12. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 13. That this resubdivision 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 Commission: 4 • t -18- /GI COMMISSIONERS Now \ 4 July 19,1990 MINUTES CITY OF NEWPORT BEACH ROLL, CALL. INDEX residential units, as are a majority of the other lots along Breakers Drive. 7. That the granting of the requested exception will not be detrimental to the public welfare or injurious to other properties in the vicinity, inasmuch as the proposed average width of 46.35 t feet for Parcel 2 is greater than the average width of the existing Lot 1 which is only 41.41+t feet. comm. L That a parcel map be recorded prior to occupancy, and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water and sewer lateral connection to the public water and service sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That a minimum 18 foot clear width driveway be provided with a reciprocal easement dedicated for ingress and egress, and that a minimum of 24 feet be provided for backing from garages. The design shall be approved by the Public Works Department prior to the issuance of building permits. 6. That the on -site parking, vehicular circulation and circulation systems shall be subject to further pedestrian review by the City Traffic Engineer. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 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. 14o M17_ I COMMISSI6NERS A so.o July 19, 1990 ATtiS CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That the establishment of the SPR overlay zone on Parce 1 is appropriate due to the location of the subject property, the difficult access to the site, its steep topography, and the potential obstruction of public views from the beach access ramp. 5. That the requested amendment will not adversely impact upon the surrounding parcels and that the granting of said amendment will not be detrimental or injurious to persons, property, and improvements in the neighborhood or general welfare of the City. 6. The project will not have a significant environmental impact. B. Resubdivision No. 932 Findings 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That there are unusual circumstances associated with the subject property which justify the granting of an exception to the average lot width requirement inasmuch as the existing irregular shape of the Breakers Drive parcel makes it difficult to develop an efficient.and workable site plan. 6. That the exception to the Subdivision Code is necessary in order to allow for the redevelopment of Parcel 2 with two -16- 6 ENS CITY OF NEWPORT BEACH ROLL CALL INDEX e pub c e ng was opene in connection with this item, an Mr. Robert Bucci, applicant, appeared before We Planning Commission wherein he concurred with the findings and conditions in Exhibit W. Mr. Bob Koop appeared before the Planning Commission in support of the proposed project. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Pomeroy, Don Webb, City Engineer, stated that the Corona del Mar beach access street is a prolongation of Iris Avenue. He further stated that the street address of the proposed development will be considered on Breakers Drive. Motion * Motion was made and voted on to approve Amendment No. 713 All Ayes and Resubdivision No. 932 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. A. Amendment No 713 Findings: 1. That it has been determined that the requested Amendment No. 713 is appropriate and that both the existing and proposed land uses are consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the requested zoning amendment is logical, and necessary for the purpose of adjusting the Zoning District boundary so as to be consistent with the new parcel configuration proposed by the applicant. 3. That the establishment of a 10 foot front yard setback along both the Iris Avenue and Ocean Boulevard frontages of Parcel 1 will provide a more consistent and uniform street side setback for the subject property in relation to other properties along Ocean Boulevard. -15- RECORDING REQUESTED BY: OLD WORLD CRAFTSMAN INC. WHEN RECORDED MAIL TO: OLD WORLD CRAFTSMAN INC. 14914 VIA LA SENDA DEL MAR, CA 92014 (SPACE ABOVE THIS LINE FOR RECORDERS USE) WAIVER OF CLAIMS AGAINST THE PUBLIC FOR FUTURE LIABILITY OR DAMAGE RESULTING FROM PERMISSION TO BUILD This Waiver of Claims against the public for future liability or damage resulting from permission to build is entered into on the —day of , 1994, by Old World Craftsman Inc. (hereinafter referred to as "OWC") for the benefit of the City of Newport Beach, California (hereinafter referred to as "NB") as a condition of Resubdivision No. 932. RECITALS A. WHEREAS, OWC is the owner of that real property described on Exhibit "A" attached hereto and incorporated by this reference; and B. WHEREAS, NB is the municipality of location of that real property described on Exhibit "A" attached hereto and incorporated by this reference; and C. WHEREAS, OWC and NB have processed and approved Resubdivision No. 932, containing Condition #9. IT IS THEREFORE AGREED: 1. WAIVER OF CLAIMS. OWC, per Condition #9 of Resubdivision No. 932, waives all claims against the public for future liability or damage resulting from permission to build. 2. ATTORNEYS' FEES. In the event either party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of a breach of any covenant or condition of this Agreement, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, including reasonable attorneys' fees, as may be fixed by the court. 3. GOVERNING LAW. This agreement has been entered into and executed in the State of California and shall be interpreted in accordance with the laws of said State. 4. NOTICES. Any notice or other coin hunications required or permitted hereunder shall be in writing and shall be deemed to have been given by placing in the United States mail, registered or certified, return receipt requested, postage prepaid, or personally delivered, addressed as follows: NB: OWC: City of Newport Beach Old World Craftsman Inc. P.O. Box 1768 14914 Via La Senda Newport Beach, Ca 92658-8915 Del Mar, CA 92014 Each of the foregoing shall be entitled to specify a different address by giving notice of the aforesaid to the other. 5. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties in connection the subject matter hereof, except as specifically set forth herein. No supplements or modifications or waivers or terminations of this Agreement shall be binding unless executed in writing by the parties to be bound thereby. No waiver of any provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 6. INTERPRETATION. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. 7. AUTHORITY. The undersigned individuals an/or entities executing this Agreement on behalf of their respective parties represent and warrant that said individuals are authorized to enter into this Agreement on behalf of such parties, the appropriate corporate or other resolutions have been passed and obtained, and that this Agreement shall be binding on same. 8. EXHIBITS. The documents referred to hereinabove and Exhibits attached hereto are incorporated herein by reference as if set forth in full. 9. EXECUTION OF DOCUMENTS. Each party agrees to execute and deliver such other documents and instruments and to take such further actions as may be reasonably necessary to fully carry out the intent and purposes of this Agreement. 10. HEADINGS. The headings contained in this Agreement have been inserted for convenience only and in no way define or limit the scope or interpretation of this Agreement. 11. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit or the heirs, legatees, estate, executors, legal representatives, successors and assigns of the parties hereto. 12. EXECUTION. IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into as of the date first written above. OWC: NB: Old World Craftsman Inc. City of Newport Beach L� Kim Campbell ITS: President 5Z ITS: 2 EXHIBIT A The land referred to is situated in the State of California, County of Orange, and is described as follows: Lots Thirty, thirty-two, and Thirty-four in Block A-36 of "Corona Del Mar", in the City of Newport Beach, County of Orange, State of California, as shown on a Map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, records of Orange County, California. Except that portion thereof described as follows: Beginning at the most Easterly corner of said Lot 34; thence Northwesterly along the Northeasterly line of said Lot 34, to the beginning of a curve concave to the Southeast and having a radius of 40.0 feet, as described in deed conveying certain property to the City of Newport Beach for street purposes, recorded in Deed Book 684, Page 180 of Deeds, records of said Orange County; thence Southwesterly around said curve to its point of tangency in a line which is 30.0 feet Southeasterly of and parallel with the Northwesterly line of said Block A-36; thence Southwesterly along said parallel line to a point which is 4.65 feet Northeasterly of the Southwesterly line of said Lot 32: thence Northeasterly around a curve tangent to last mentioned parallel line, concave to the Southeast and having a radius of 67.5 feet, a distance of 78.62 feet; thence Southeasterly on a line tangent to last mentioned curve to its intersection with the Southeasterly line of said Lot 34; thence Northeasterly along said Southeasterly line a distance of 2.07 feet, more or less, to the point of beginning, as granted to City of Newport Beach, a municipal corporation of the Sixth Class in deed recorded February 18, 1952 in Book 2288, Page 456 of Official records. COMMISSIONERS •0400"%W4101A\` July 19, 1990 MINUTES N CITY OF NEWPORT BEACH INDEX ROLL CALL The public hearing was opened to connection withthis item, an Mr. Robert Bucci, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". Mr. Bob Koop appeared before the Planning Commission in support of the proposed project. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Pomeroy, Don beach Webb, City Engineer, stated that the Corona del Mar access the street is a prolongation of Iris Avenue. He further stated that street address of the proposed development will be considered on Breakers Drive. Motion * Motion was made and voted on to approve Amendment No. 713 All Ayes and Resubdivision No. 932 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. A Amendment No. 713 Findings: 1. That it has been determined that the requested Amendment No. 713 is appropriate and that both the existing and proposed land uses are consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the requested zoning amendment is logical, and necessary for the purpose of adjusting the Zoning District boundary so as to be consistent with the new parcel configuration proposed by the applicant. 3. That the establishment of a 10 foot front yard setback along both the Iris Avenue and Ocean Boulevard frontages of Parcel 1 will provide a more consistent and uniform street side setback for the subject property in relation to other properties along Ocean Boulevard. -15- r COMMISSIONERS '° sg o ohs �� ��� �,'t. N CITY OF NEWPORT BEACH July 19,1990 MINUTES ROLL CALL INDEX 4. That the establishment of the SPR overlay zone on Parcel 1 is appropriate due to the location of the subject property, the difficult access to the site, its steep topography, and the potential obstruction of public views from the beach access ramp. 5. That the requested amendment will not adversely impact upon the surrounding parcels and that the granting of said amendment will not be detrimental or injurious to persons, property, and improvements in the neighborhood or general welfare of the City. 6. The project will not have a significant environmental impact. B. Resubdivision No. 932 Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That there are unusual circumstances associated with the subject property which justify the granting of an exception to the average lot width requirement inasmuch as the existing irregular shape of the Breakers Drive parcel makes it difficult to develop an efficient and workable site plan. 6. That the exception to the Subdivision Code is necessary in order to allow for the redevelopment of Parcel 2 with two -16- y COMMISSIONERS .e s o s�� �N � CITY OF NEWPORT BEACH July 19, 1990 MINUTES ROIL CALL J I I IINDEX construction storage or delivery of materials s a11 be store " within the Ocean Boulevard or Corona del Mar Beach access ramp rights -of -way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 8. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public water and sewer services serving the subject project, including pavement repair prior to the issuance of any grading or building permits. 9. That permitted development shall be designed to minimize the alteration of natural land forms along bluffs. It is also required that the applicant shall sign a waiver of all claims against the public for future liability or damage resulting from permission to build. All required waiver documents shall be recorded with the County of Orange Recorder's Office. 10. That a geologic report that will determine areas of potential instability or hazard along with a map indicating such information must be submitted to the City Grading Engineer, 11. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 12. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 13. That this resubdivision 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 Commission. -18- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH All St J 1`J9J ROLL CALL INDEX Resubdivision No. 932 (Discussion) Item No. Request to permit the extension of a previously approved R932 resubdivision that permitted the resubdivision of three Iris Avenue lots into a single parcel of land for single family residential Approved development and to adjust the common interior property line between the proposed Iris Avenue parcel and a Breakers Drive lot. The approval also included an exception to the Subdivision Code so as to allow the creation of a parcel which is less than 50 feet wide. LOCATION: Lots 30, 32 and 34, Block A-36, Corona del Mar, located at 126-130 Iris Avenue; and Lot 1, Tract No. 1026 located at 3016 Breakers Drive, on the southeasterly corner of Iris Avenue and Ocean Boulevard and on the northerly side of Breakers Drive, easterly of Iris Avenue, in Corona del Mar. ZONES: R-1 and R-2 APPLICANT: Kim Campbell, Corona del Mar OWNER: Old World Craftsman Inc., Corona del Mar ENGINEER: Paul Como, Newport Beach Mr. Kim Campbell, applicant, appeared before the Planning Commission. In response to a question posed by Mr. Campbell, Chairman Merrill explained that the recommendation is to extend the approval of Resubdivision No. 932, to August 27, 1995, as stated in Condition No. 1, Exhibit "A'. Motion * Motion was made and voted on to approve Resubdivision No. 932, Ayes * * * * * subject to the findings and conditions in Exhibit "A". MOTION Absent * CARRIED. -2- COMMISSIONERS MINUTES �y�o�.tt P'io 'Qos o CITY OF NEWPORT BEACH Au st S 1993 ROLL CALL INDEX Finding: 1. That the circumstances under which the original application for Resubdivision No. 932 was approved have not changed and that the granting of a two year extension is appropriate so as to allow the applicant additional time to record the required parcel map. Conditions: 1. That in accordance with the provisions of Section 19.16.010 of the Newport Beach Municipal Code, the original approval of Resubdivision No. 932 is extended two years to the date of August 27, 1995. 2. That all conditions of approval of Resubdivision No. 932, as approved by the City Council on August 27, 1990, shall be fulfilled. Use Permit No. 3040 Amended (Public Hearing) Item No. Reques o amend a previously approved use permit which UP3040A permitted t stablishment of a take-out Haagen-Dazs ice cream shop with incide 1 seating on property located in the Mariner's Approved Mile Specific Plan . The previous approval also included the waiver of a portion of the uired off-street parking spaces. The proposed amendment involves equest to change the operational characteristics of the restaurant as to allow the facility to operate as a full service restaurant inc in table service and on - sale beer and wine. The proposal also inclu s a request to waive a portion of the required off-street parking spa LOCATION: A portion of Lot A, Tract No. 919,` ted at 2400 West Coast Highway, on the nort side of West Coast Highway, easterly o Tustin Avenue, in Mariner's Mile. -3- COMMISSIONERS MINUTES 9pO�lmm � O�O CITY OF NEWPORT BEACH Je temper L3 im ROLL CALL INDEX Site Plan Review No. 65 (Public Hearing) Item No. Request to permit the construction of a single family dwelling on SPR 65 property located in the R-1 SPR District. Approved LOCATION: Portions of Lots 30, 32 and 34, Block A-36, Corona del Mar and a portion of Lot 1, Tract No. 1026 on property located at 3014 Breakers Drive, on the southeasterly comer of Iris Avenue (unimproved) and Ocean Boulevard, in Corona del Mar. ZONE: R-1 APPLICANT: Kim Campbell, Corona del Mar OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Kim Campbell, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Merrill, he concurred with the findings and conditions in Exhibit "A", with the exception of Condition No. 3 stating ..that the proposed on -site block wall adjacent to the Beach Access Road have a maximum height of 42 inches on the access road' side.... He requested that the condition be modified to permit a maximum height of five feet to provide mitigation of noise between the beach access road and the residents, and it would also provide a physical safety barrier to protect the rear yard. Don Webb, City Engineer, stated that 42 inches was required inasmuch as it is the height of a wall that is required for the safety of a pedestrian and it would also provide a view over the wall to the ocean for the pedestrian walking on the sidewalk. Discussion followed regarding the feasibility of allowing a five foot high wall but to require the upper 18 inches of said wall to be of open construction. There being no others desiring to appear and be heard, the public hearing was closed at this time. -15- C,OMAUSSIONERS ploop �cl�ro%�t�O�dfps ���0��� P09 OO CITY OF NEWPORT BEACH MINUTES be tember L3 1993 ROLL CALL INDEX Motion * Motion was made and voted on to approve Site Plan Review No. Ayes * * * * * 65, subject to the findings and conditions in Exhibit "A", and to Absent * modify Condition No. 3, so as to allow the construction of a 5 foot high wall with the upper 18 inches to be of open construction subject to the approval of the Public Works Department. MOTION CARRIED. SITE PLAN REVIEW NO. 65: Findings: 1. That development of the subject property in the SPR Overlay District 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 residential development. 4. That unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. -16- 4 COMMISSIONERS MINUTES ado° '1Z� Gt cfn�O O� o 0 CITY OF NEWPORT BEACH Se tember 23 1993 ROLL CALL INDEX 5. That the proposed development fully conforms to the established development standards for the R-1 SPR District. 6. 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. 7. That the development has been designed to maximize protection of public views from Ocean Boulevard. 8. That there are no archeological or historical resources on - site. 9. That there are no environmentally sensitive areas on -site. 10. The property does not contain any areas of unique geologic hazards. 11. That the proposed project will meet City noise standards for residential development. 12. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that the project has been designed so as to limit vehicular access to the site from Breakers Drive. 13. The development is consistent with surrounding land uses and with the goals and policies of the General Plan and Local Coastal Program. 14. Mechanical equipment and trash areas will be concealed from view. 15. That the design of the proposed improvements will not conflict with any easements acquired by the public at large -17- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Se tember 23 1993 ROLL CALL INDEX for access through or use of property within the proposed development. 16. That public improvements may be required of a developer per Section 20.01.070 of the Municipal Code. 17. The approval of the proposed project will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, conceptual grading plan, floor plans, elevations and sections, except as noted below. 2. That arrangements 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. 3. That the public right-of-way area between the property line and the Beach Access Road be graded level with the existing sidewalk with a minimum two (2) foot bench provided behind the Beach Access Road right-of-way; that the proposed on -site block wall adjacent to the Beach Access Road shall be limited to a height of five feet (the upper 18 inches to be of open construction) on the access road side with a low landscape buffer between the A.C. sidewalk and the wall as approved by the Public Works Department; and that a concrete curb be constructed along the southerly side of the parcel to confine the landscape planting adjacent to the Beach Access Road. All work shall -18- ,COMMISSIONERS MINUTES CITY OF NEWPORT BEACH September 23 1993 ROLL CALL INDEX be completed under an encroachment permit issued by the Public Works Department. 4. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. That all mechanical equipment and trash areas shall be screened from public streets and adjoining properties. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 7. That all conditions of approval of Resubdivision No. 932 shall be fulfilled. 3. 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. General Plan Amendment No. 3-2 D Public Hearin Item No.7 Request amend the Land Use Element of the General Plan so is to allow additional 3,805 square feet of development on GPA 93-21) ( R1336) roperty locate in Block 600 of Newport Center; and the cceptance of an en ' nmental document. Ts87 UP3509 NITIATED BY: The GY f Newport Beach Approved AND B. Traffic Study No. 87 Public Hearin Request to approve a traffic study so as to allow the nversion of pproximately 14,445 square feet of existing general o ' e space -19- Conditions of Approval 3014 Breakers Drive Site Plan Review #65 Resubdivision #932 SITE PLAN REVIEW #65 Condition Department 1. Substantial Conformance Planning 2. Public Improvements Public Works -- 3. Beach Access Road Imps. Public Works 9,W4. Underground Utilities Building 0,14,C Mechanical/Trash Screen Planning Pehdiky'4�6. Coastal Commission Appr. Planning W7. Cond. of Appr. Resub 932 Planning &8. 24 Month Expiration RESUBDIVISION #932 f,Wndition Department r -1. Parcel Map Recordation Public Works -2. Improvements Constructed Public Works -3. Indiv Water/Sewer Public Works -4. County Sanitation Fees Building -5. 18' Min. Driveway Width/ Public Works Access Easement -6. Onsite Parking,Circulation Traffic •-7. Traffic Control Public Works _8. Completion of Water/Sewer 9. Minimization of Alts. of S�I' RAG Natural Land Forms/Waiver b2i of Future Public Liability 0. Geologic Report 9041. Park Dedication Fee Pd. ye,.Aml 12. Coastal Commission Appr. 13. 3 Year Expiration Public Works Planning City Attorney Grading Engr. Planning Planning Action Plan Review Plan Review/ Guarantee Bond Plan Review Encroachment Permit Plan Review Plan Review Letter of Intent AIC Appr. Receipt Plan-Rev-lew- Lgf?,yr No Action Action Plan Review Plan Review Plan Review Permit Issuance Plan Review/ Easemt. Dedication Plan Review Traffic Control Plan Parking Plan Plan Review/Bond Require Waiver Approve Waiver Review Report Collect Fee AIC Appr. Receipt No Action - STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gowinor CALIFORNIA COASTAL COMMISSION` Page 1 of SOUTH COAST AREA g 245 W. BROADWAY, STE. 380 Date:4-7-94 P.O. BOX 1450 Permit No. - lONO BEACH, CA 90802.4416 (310) 590.5071 On March 17. 1994 , the California Coastal Commission granted to this permit subject to the attached Standard and Special conditions, development consisting of: Resubdivision of three lots into one and a lot line adjustment; demolition of a portion of an existing duplex (single garage stall and second level bedroom); and construction of a 4038 square foot, 24 foot high at maximum point, four level single family residence with an attached two car garage. Also proposed is 1040 cubic yards of grading. more specifically described in the application file in the Commission offices, The development is within the coastal zone in 3014 and 3016 Breakers_ Orty Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director County at ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . . of any permit. . applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a), Dat *SigureJof aeittee A6: 4/88 - If Page 2— of 2� Permit No. 5-93-381 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. C.Qmpliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Insoections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. V42 101WRIM 1, Geologic Recommendations All recommendations contained in the Preliminary Geotechnical Investigation prepared by Geofirm, dated October 8, 1993 regarding the proposed development shall be incorporated into the final design and construction plans. Prior to issuance of the coastal development permit the applicant shall submit, for the review and approval of the Executive Director, foundation and drainage plans for the project signed by the geologic consultant incorporating the recommendation made in the referenced report. The final plans approved by the consultant shall be in substantial conformance with the plans approved by the Commission relative to construction, grading and drainage. Any substantial changes which may be required by the consultant shall require an amendment or a new coastal development permit. 1621F MV/im STATE OF CALIFORNIA—THE RESOURCES AGENCY _ PETE WILSON, Oo"mor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA Page I of ; 245 W, BROADWAY, STE. 380 Date:4-7-94 P.O: BOX 1450 Permit No. LONG BEACH, CA 90802.4416 (310) 590.5071 .LIOJAUANUAIII On Marsh 17. 1994 , the California Coastal Commission granted to this permit subject to the attached Standard and Special conditions, development consisting of: r Resubdivision of three lots into one and a lot line adjustment; demolition of a portion of an existing duplex (single garage stall and second level bedroom); and construction of a 4038 square foot, 24 foot high at maximum point, four level single family residence with an attached two car garage. Also proposed is 1040 cubic yards of grading. more specifically described in the application file in the Commission offices. The development is within the coastal zone in Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director County at The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . . of any permit. . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cat. Admin. Code Section 13158(a). A6: 4/88 KMA r.1U __mmu■ggg,III Page 2 _ — of 2— Permit No. „ „5-9,3-381 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgm n . The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2, Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. S�olllliance.. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5, Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assianment, The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1, Geologic Recommendations All recommendations contained in the Preliminary Geotechnical Investigation prepared by Geofirm, dated October 8, 1993 regarding the proposed development shall be incorporated into the final design and construction plans. Prior to issuance of the coastal development permit the applicant shall submit, for the review and approval of the Executive Director, foundation and drainage plans for the project signed by the geologic consultant incorporating the recommendation made in the referenced report. The final plans approved by the consultant shall be in substantial conformance with the plans approved by the Commission relative to construction, grading and drainage. Any substantial changes which may be required by the consultant shall require an amendment or a new coastal development permit. 1621F MV/lm OLD WORLD CRAFTSMAN, INC. 14914 VIA LA SENDA - DEL MAR, CALIFORNIA - 92014 (619) 259-2012 April 28, 1994 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 RE: SPR 65, Resubdivision No. 932 Dear City of Newport Beach: Old World Craftsman Inc. is the owner of the property at 3014 Breakers Drive, Corona Del Mar, CA. We intend to comply with all conditions of approval of Site Plan Review NO. 65 and Resubdivision No 932. OP'n/ , �PI/ PresidentKi .. OLD WORLD CRAFTSMAN, INC. 14914 VIA LA SENDA - DEL MAR, CALIFORNIA - 92014 (619) 259-2012 April 28, 1994 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 RE: SPR 65, Resubdivision No. 932 Dear City of Newport Beach: Old World Craftsman Inc. is the owner of the property at 3014 Breakers Drive, Corona Del Mar, CA. We intend to comply with all conditions of approval of Site Plan Review NO. 65 and Resubdivision No 932. Sincerely, Ki Campbell President Planning Commission Meeting September 23, 1993 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Site Plan Review No. 65 (Public Hearin Request to permit the construction of a single family dwelling on property located in the R-1 SPR District. LOCATION: Portions of Lots 30, 32 and 34, Block A-36, Corona del Mar and a portion of Lot 1, Tract No. 1026 at 3014 Breakers Drive, on the southeasterly corner of Iris Avenue (unimproved) and Ocean Boulevard, in Corona del Mar. ZONE: R-1 SPR APPLICANT: Kim Campbell, Newport Beach OWNER: Same as applicant Application This application involves a request to permit the construction of a single family dwelling on property located in the R-1 SPR District. In accordance with Section 20.01.070 of the Municipal Code, any property within the "Site Plan Review" (SPR) overlay district is required to obtain the approval of a Site Plan Review by the Planning Commission for any proposed development so as to insure that the project conforms with the objectives of the General Plan. Site Plan Review procedures are set forth in Chapter 20.01 of the Municipal Code. Environmental Significance 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 3 (New Construction or Conversion of Small Structures). Conformance with the General Plan and Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Single Family Detached" uses. The subject project is a permitted use within this designation. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. bi ct PropeeM and Surrounding Land es The subject property is an irregular shaped parcel of land which fronts on Iris Avenue (i.e. the beach access road) and Breakers Drive. As indicated previously, the site was originally comprised of three lots which fronted on Iris Avenue and which now have been joined with a portion of an adjoining lot, so as to provide vehicular access to Breakers Drive. The subject property is currently vacant and maintains a slope area which occupies approximately 74% of the site and ranges in slope between 54% (1.1.85) and 68% (1:1.46). To the northeast, across Ocean Boulevard, are single family dwellings; to the southeast is a duplex; to the southwest, is the parking lot for the Corona del Mar State Beach; and to the northwest, across Iris Avenue, is a single family dwelling. Backaround At its meeting of July 19,1990, the Planning Commission recommended to the City Council the approval of the following applications in conjunction with the subject property and a portion of an adjoining lot: 1. Request to amend a portion of Districting Map No.18 so as to reclassify one portion of the subject property from the R-1 District to the R-2 District, another portion from the R 2 District to the R-1 SPR District and another portion from the R-1 District to the R-1 SPR District. The proposal also included a request to establish a 10 foot front yard setback on the Districting Map for that portion of the subject property adjacent to Iris Avenue and Ocean Boulevard. It is noted that the establishment of the SPR overlay zone on the undeveloped property adjacent to Iris Avenue and Ocean Boulevard (i.e. the subject property) was due to the unusual topography and difficult access of the property. Request to resubdivide three Iris Avenue lots into a single parcel of land for single family residential development and to adjust the common interior property line between the Iris Avenue parcel and a Breakers Drive lot. Said proposal also included an exception to the Subdivision Code so as to allow the Breakers Drive parcel to be less than 50 feet wide. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated July 19, 1990. At its meeting of August 27, 1990, the City Council approved the above applications with the findings and conditions of approval recommended by the Planning Commission and Planning Commission - 3. adopted Ordinance No. 90-35 which applied to the rezoning of the subject property. An excerpt of the City Council minutes dated August 27, 1990 is attached for the Planning Commission's information. At its meeting of May 9, 1991, the Planning Commission approved this same project in conjunction with its consideration of Site Plan Review No. 63. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission Minutes dated May 9, 1993. In accordance with Section 20.01.070 K, any Site Plan Review granted in accordance with the provisions of Title 20 of the Newport Beach Municipal Code shall expire within 24 months from the effective date of approval. Inasmuch as the previous owner of the property did not exercise the previous approval within 24 months, Site Plan Review No. 63 expired on May 30, 1993. Unlike the approval of site plan review applications, the Subdivision Code includes procedures for the extension of previously approved subdivision maps or tentative parcel maps. As a result, the applicant requested and the Planning Commission granted, at its meeting of August 5, 1993, a two year extension of Resubdivision No. 932. An excerpt of the Planning Commission minutes dated August 5, 1993 regarding this matter is attached for Commission review. Analysis In accordance with the current zoning of the subject property (R-1-SPR), the applicant is requesting the approval of a new Site Plan Review for the previously approved single family residential development. The subject project is the same as previously approved and will be built on four levels and will contain 4 bedrooms, 4 1/2 bathrooms, a dining room/library, a living room/dining room, a kitchen and an exercise room. The following outline sets forth the major characteristics of the subject project: Land Area: 6,971± sq.ft. Buildable Area: 5,190± sq.ft. Permitted Gross Structural Area: (1.5 x Buildable Area) 7,785± sq.ft. Proposed Gross Structural Area: (includes parking. 5,462± sq.ft.l Proposed Floor Area Ratio: 1.05 x Buildable Area 'Inasmuch as the building exceeds 5,000 sq.ft. in area, the Uniform Building Code requires that automatic sprinklers be provided in the structure. MI @un .rI Building Setbacks: Front: (Iris Ave. & Ocean Blvd.) Rear: (Southeasterly property line) Side: (Southwesterly property line) Off -Street Parking: Open Space: Permitted Building Height: Proposed Building Height: 110 fr d Varies be�10 ft, - 6 in. and 14t ft. 10 ft. Varies between 10 ft. and 44 ft. 4 ft. Varies between 5 ft. and 29t ft, on ground floor 2 spaces 2 garage spaces 8,928t cu.ft. In excess of 26,628t cu.ft. 24 ft, average roof height; 29 ft. maximum ridge height; and not to exceed top of curb height on Ocean Boulevard 24 ft. average height; 26t ft. maximum height of highest portion of building; and 5 ft: 6 in. below top of curb on Ocean Blvd. Required Standards for Site Plan Review The review of site plans have specific standards of review as established in Section 20.01.070 of the Newport Beach Municipal Code. Each standard is listed below, with a brief discussion of the project as it relates to each. 1. Sites subject to Site .Plan Review under the provisions of Section 20.01.070 of the Municipal Code shall be graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, giving special consideration to waterfront resources and unique landforns such as coastal bluffs or other sloped areas, trees and shrubs shall not be indiscriminately destroyed: The slope area on the subject property is part of the coastal bluff system; however, the existing slope on the property is an alteration of the original natural land form which occurred as a result of the construction of the beach access road which boarders the site to the north. The General flan and Local Coastal Program include the following regulations which apply to new construction and are for the purpose of preserving coastal bluff systems: 'The following regulations apply to all building sites on existing subdivided lots, and residential subdivisions containing less than four lots: TO: Planning Commission - 5. 1) Grading. Permitted development shall be designed to minimize the alteration of natural landforms along bluffs and cliffs. In areas of geologic hazard, the City shall not issue a building or grading permit until the applicant has signed a waiver of all claim against the public for future liability or damage resulting from permission to build. All such waivers shall be recorded with the County Recorder's Office. 2) Geologic Report. To promote public safety, a geologic study shall be performed for each site to determine areas of potential hazard or instability. The bluff areas of potential hazard or instability shall be indicated on maps as a part of any development plan. As indicated in the attached plans (Sheets 8 and 9), the largest cut on the property will occur on the lower portion of the site so as to create a flat building pad with elevations of 14.5 and 15.0. Said cut will have a vertical dimension of approximately 15t feet at the highest point. It is staffs opinion that the proposed grading on the site has been designed so as to mimm9ze the alteration of the natural land forms and provides for a structure that fully conforms to the 24/28 Foot Height Limitation District. The requirement for the preparation of a geologic report has been required in conjunction with the previously approved Resubdivision No. 932. 2. Development shall be compatible with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City: The proposed development is in keeping with the existing development along the bluff side of Ocean Boulevard. 3. Development shall be sited and designed to maximize protection of public views, with special consideration given to views from public parks and from roadways designated as Scenic Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan: There are significant public views available from the upper portion of Ocean Boulevard which looks over the subject property. The proposed development will not obstruct these view opportunities inasmuch as the highest portion of the structure is 5 feet 6 inches below the top of curb on Ocean Boulevard. There are no significant views from that portion of the beach access road which is adjacent to the subject property due to an existing oleander hedge that is approximately 6 feet to 8 feet high measured from the adjacent walkway. Based on this information, it is staffs opinion that the proposed project has been sited so as to protect existing views from public parks and roadways and scenic drives. 4. Environmentally sensitive areas shall be preserved and protected. No structures or landfonn alteration shall be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Counci4 on review or appear, finds that the benefits outweigh the adverse impacts: The site does not contain any environmentally sensitive areas. 11 1' 11111 /1 5. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level or the Planning Commission or City Council; on review or appeal, fords that the benefits outweigh the adverse impacts: The site is not located in an area of particular geologic hazard, other than the seismic hazards common to the Southern California area. 6. Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less: The subject property is not located within an area subject to noise levels in excess of 65 CNEL. 7. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development, Because of the narrowness and steepness of the beach access drive, the applicant has designed the project so as to provide vehicular access to the site from Breakers Drive. Such a design is the only acceptable means of access to the site and has been strongly recommended by the Public Works Department and the Planning Department. Such a design has necessitated the establishment of shared access easement with the adjoining property which is in the same ownership as the subject property and will be redeveloped at a future date. 8. Development shall be consistent with specific General Plan and applicable Specific Area Plan policies and objectives, and shall not preclude the implementation of those policies and objectives: As discussed in the General Plan Compliance section, the proposed project is consistent with the General Plan and the Local Coastal Program. 9. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources: As indicated previously, a large portion of the site is in slope; however, the development is in keeping with the other existing development on the bluff side of Ocean Boulevard. It is also noted that the project has been designed with four different levels so as to conform with the 24 foot height envelope. 10. When feasible, electrical and similar mechanical equipment and trash and storage areas shall be concealed. Conditions of approval have been imposed on the project which will mandate the screening of electrical and mechanical equipment, and conceal trash enclosures. 11. Archaeological and historical resources shall be protected to the extent feasible: 'There are no archeological or historical resources on -site. 12. Commercial development shall not have significant adverse effects on residences in an abutting residential district: The proposed project does not include any commercial development. TO: Planning Commission - 7. Conclusions and Specific Findings Section 20.01.070(F) of the Newport Beach Municipal Code sets forth the standards by which the Commission is to evaluate Site Plan Reviews. Should the Planning Commission wish to approve the subject project, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Inasmuch as the project is in full conformance with the provisions of the General Plan, the Local Coastal Program and the R-1 District, staff has not included an exhibit for denial. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of the project should the Planning Commission wish to take such an action. PLANNING DEPARTMENT JAMES D. HEWICKER, Director &O&a W. iam Ward Senior Planner Attachments: Exhibit "A" Excerpt of the Planning Commission Minutes dated July 19, 1990 Excerpt of the City Council Minutes dated August 27, 1990 Excerpt of the Planning Commission Minutes dated May 9, 1993 Excerpt of the Planning Commission Minutes dated August 5, 1993 Site Plan, Conceptual Grading Plan, Floor Plans, Elevations, and Sections Bn.Uw\uP�sexcs • ill 1 ' 1 11 MMMIMM EXHIBrr "A" FINDING AND CONDITIONS OF APPROVAL FOR SrM PLAN REVIEW NO, 65 1. That development of the subject property in the SPR Overlay District 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 residential development. 4. That unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. S. That the proposed development fully conforms to the established development standards for the R-1 SPR District. 6. 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. 7. That the development has been designed to maximize protection of public views from Ocean Boulevard. 8. That there are no archeological or historical resources on -site. 9. That there are no environmentally sensitive areas on -site. 10. The property does not contain any areas of unique geologic hazards. 11. That the proposed project will meet City noise standards for residential development. Winning Commission - 9. 12. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that the project has been designed so as to limit vehicular access to the site from Breakers Drive. 13. The development is consistent with surrounding land uses and with the goals and policies of the General Plan and Local Coastal Program. 14. Mechanical equipment and trash areas will be concealed from view. 15. 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. 16. That public improvements may be required of a developer per Section 20.01.070 of the Municipal Code. 17. The approval of the proposed project will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, conceptual grading plan, floor plans, elevations and sections, except as noted below. 2. That arrangements 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. 3. That the public right-of-way area between the property line and the Beach Access Road be graded level with the existing sidewalk with a minimum two (2) foot bench provided behind the Beach Access Road right-of-way; that the proposed on -site block wall adjacent to the Beach Access Road have a maximum height of 42 inches on the access road side with a low landscape buffer between the A.C. sidewalk and the wall as approved by the Public Works Department; and that a concrete curb be constructed along the southerly side of the parcel to confine the landscape planting adjacent to the Beach Access Road. All work shall be completed under an encroachment permit issued by the Public Works Department. 4. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. Mon :i, i 871, 01 5. That all mechanical equipment and trash areas shall be screened from public streets and adjoining properties. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 7. That all conditions of approval of Resubdivision No. 432 shall be fulfilled. 8. That this Site flan 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. 0 0 k' I• OF FEET }GO — 1?0 VVV41T%-r ►gyp SEE MAP. NO. /> DISTRICTING WPORT BEACH - AGRICULTURAL RESIDENTIAL SINGLE FAMILY RE5DEMIAL C—F DUPLEX RESIDENTIAL C'Z . MULTIPLE FAMILY RESIDENTIAL M-1 COMBINING DISTRICTS MAP ALIFORN MULTIPLE RESIDENTIAL LIGHT COMMERCIAL GENERAL COMMERCIAL MANUFACTURING UNCLASSIFIED sEE MAP NO. /9 Sire i��t�w rlm m5 ORD NO. 4AS DEC. K. low COMMISSIONERS S MINUTES, CITY OF NEWPORT BEACH _L CALL tNOEX n was made and voted o�nt nue esu version o.YJO 1ng-eommission=Aing. MOTION ition to the August � , .1 Ayes CAR t • 4 A Amendment No J (Public Hearine� Item No.5 Request to amend a portion of Districting Map No. 18 so as to A713 reclassify one portion of the subject property from the R-1 District to the R-2 District, another portion from the R-2 District to the R932 R-1 SPR District and another portion from the R-1 District to the R-1 SPR District. The proposal also includes a request to establish Approved a 10 foot front yard setback on the Districting Map for that portion of the subject property adjacent to Iris Avenue and Ocean Boulevard. AND B Re�ubdivieion No 932 (Public Hearine� Request to resubdivide three Iris Avenue lots into a single parcel of land for single family residential development and to adjust the common interior property line between the proposed Iris Avenue parcel and a Breakers Drive lot. The proposal also includes an exception to the Subdivision Code so as to allow the creation of a parcel which is less than 50 feet wide. LOCATION: Lots 30, 32 and 34, Block A-36, Corona del Mar, located at 126-130 Iris Avenue; and Lot 1, Tract No. 1026 located at 3016 Breakers Drive, on the southeasterly corner of Iris Avenue and Ocean Boulevard and on the northerly side of Breakers Drive, easterly of Iris Avenue, in Corona del Mar. ZONES: A-1 and R-2 APPLICANT: Robert Bucci, Newport Beach OWNERS: John Harris, Newport Beach ENGINEER: Robert Bucci Associates, Newport Beach -14- COMMISSIONERS ' MINUTES :OLL CALL Motion All Ayes CITY OF NEWPORT BEACH Me public hearing was openeu m cViuJVVL1V.. I-- ""- qr. Robert Bucci, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions In Exhibit "A'. Mr. Bob Koop appeared before the Planning Commission in support of the proposed project. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Pomeroy, Don Webb, City Engineer, stated that the Corona del Mar beach access street is a prolongation of Iris Avenue. He further stated that the street address of the proposed development will be considered on Breakers Drive. Motion was made and voted on to approve Amendment No. 713 and Resubdivision No. 932 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. A. Amendment No. 713 Findin s: 1, That it has been determined that the requested Amendment No. 713 is appropriate and that both the existing and proposed land uses are consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the requested zoning amendment is logical, and necessary for the purpose of adjusting the Zoning District boundary so as to be consistent with the new parcel configuration proposed by the applicant. 3. That the establishment of a 10 foot front yard setback along both the Iris Avenue and Ocean Boulevard frontages of Parcel 1 will provide a more consistent and uniform street side setback for the subject property in relation to other properties along Ocean Boulevard. -15- INDEX 13 COMMISSIONERS cm0 CITY OF NEWPORT BEACH July 17, 177V MINUTES _L CALL INOEX 4. That the establishment of the SPR overlay zone on Parcel 1 is appropriatedue to the location of the subject property, the difficult access to the site, its steep topography, and the potential obstruction of public views from the beach access ramp. 5. That the requested amendment will not adversely impact upon the surrounding parcels and that the granting of said amendment will not be detrimental or injurious to persons, property, and improvements in the neighborhood or general welfare of the City. 6. The project will not have a significant environmental impact. D Re�ubdivision No. 932 Findinps: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That there are unusual circumstances associated with the subject property which justify the granting of an exception to the average lot width requirement inasmuch as the existing irregular shape of the Breakers Drive parcel makes it difficult to develop an efficient and workable site plan. 6. That the exception to the Subdivision Code is necessary in order to allow for the redevelopment of Parcel 2 with two .16- CbMMISSIONERS July 19, 1990MINUTES c^ G q q CITY OF NEWPORT BEACH tOLL CALL INDEX residential units, as are a majority of the other lots along Breakers Drive. 7. That the granting of the requested exception will not be detrimental to the public welfare or injurious to other properties in the vicinity, inasmuch as the proposed average width of 46.35± feet for Parcel 2 is greater than the average width of the existing Lot 1 which is only 41.41± feet. Conditions: 1. That a parcel map be recorded prior to occupancy, and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water and sewer lateral connection to the public water and service sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That a minimum 18 foot clear width driveway be provided with a reciprocal easement dedicated for ingress and egress, and that a minimum of 24 feet be provided for backing from garages. The design shall be approved by the Public Works Department prior to the issuance of building permits. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Traffic control and transportation of equipment and shall be conducted in accordance with state and materials local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No ' -17- COMMISSIONERS s d .Ppf �N .4 CITY OF NEWPORT BEACH July 17, 1.17V MINUTES tOLL CALL, INDEX construction storage or delivery of mater a shall store within the Ocean Boulevard or Corona del Mar Beach access ramp rights -of -way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 8. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public water and sewer services serving the subject project, including pavement repair prior to the issuance of any grading or building permits. 9. That permitted development shall be designed to minimize the alteration of natural land forms along bluffs. It is also required that the applicant shall sign a waiver of all claims against the public for future liability or damage resulting from permission to build. All required waiver documents shall be recorded with the County of Orange Recorder's Office. 10. That a geologic report that will determine areas of potential instability or hazard along with a map indicating such information must be submitted to the City Grading Engineer. 11. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code, 12. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 13. That this resubdivision 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 Commission. I t, -� .ITY OF NEWP-ORT LEACH CIL MEMBERS wn 1 r (`d G�y��� N y9A�G�\ REGULAR COUNCIL MEETING PLACE: Council Chambers TIMEs 7100 P.X. DATES August 27, 1990 MINUTES INDEX yor Plummer presented a Proclamation to Harry Hu no, Executive Director for the MEHPORT CENTER SHION ISLAND WORLD SUMMIT FOR CHILDREN CANOLELIO VIGILS - SEPTE"ER 23, 1990. Present x x x x x x x A. ROLL CALL. r Motion All Ayes x B. Reeding of Minutes Meeting of August 13, 1.990, was waived, app ved as written, and ordered filed. Motion x C. Reading im full of all ordi ces and All Ayes resolutions under consideration was ved, and City Clerk was directed to xea titles only. D. HEARINGS: 1. Mayor Plummer opened the public hearing regarding: Proposed ORDINANCE NO. 90-35, being, Ord 90-35 Zoning AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 18 $O AS TO RECLASSIFY ONE PORTION OF THE PROPERTY FROM TEE R-1 DISTRICT TO THE R-2 DISTRICT, ANOTHER PORTION FROM THE R-2 DISTRICT TO THE R-1 SPR DISTRICT AND ANOTHER PORTION FLOW THE R-1 DISTRICT TO THE R-1 SPR DISTRICT AND ANOTHER PORTION FROM THE R-1 DISTRICT TO THE R-1 SPR DISTRICT. THE PROPOSAL ALSO INCLUDES A REQUEST TO ESTABLISH A 10 FOOT FRONT YARD SETBACK ON THE DISTRICTINO MAP FOR THAT PORTION OF THE SUBJECT PROPERTY ADJACENT TO IRIS AVENUE AND OCEAN BOULEVARD. LOTS 30, 32, AND 34, BLOCK A-36, LOCATED AT 126-130 IRIS AVENUE; AND LOT 1, TRACT NO. 1026 LOCATED AT 3016 BREAKERS DRIVE, ON THE SOUTHEASTERLY CORNER OF IRIS AVENUE AND OCEAN BOULEVARD, AND ON THE NORTHERLY SIDE OF BREAKERS DRIVE, EASTERLY OF IRIS AVENUE, IN CORONA DEL HAR u,T MTNO rOMMreamv PCA 713 AMENDMENT NO. 7131; AND RESUEDIVISION NO. 932 - A request of Resub 932 ROBERT BOCCI to xeaubdivide three Iris Avenue lots into a single family residential development and to adjust the common interior property line between the proposed Iris Avenue parcel and a Breakers Drive lot. The Volume 44 - Page 281 J .A1 T Vr NtWt'VKI b"ALM " �UNCIL MEMBERS � MINUTES �'V V ROLL CALL August 27, lfso INDEX proposal also include# an exception Zoning to the subdivision code so as to allow the creation of a parcel which Is led* than $0 feet wide. Report from the Planning Department. She City Manager summarised the subject proposal as followsm • "In order to facilitate the future construction of a single family dwelling an the Iris Avenue parcel, the Applicant is proposing to consolidate the three existing lots fronting on Iris Avenue into a single building rite (Parcel 1). Inasmuch as the vehicular access to Parcel 1 would be extremely dlfficult from the Corona del Mar buck access ramp on the northeasterly side of the site, the applicant is proposing to establish a vehicular access easement over the second property which he owns, on Brukera Drive (Parcel. 2). said access easement would be over portion/ Of both parcels and would norvo the prnMat,d ninght family dwolllWJ it, PdLCul I end lbw teal unit on Parcel 2. It Lx the opinLon of the Public works bepartment and the Planning bepArtmant that ouch an alternative for vehicular access to Parcel 1 is the boat of all possible alternatives. It should also be noted that such an alternative will also provide controlled access to Parcel It inasmuch as the access will be behind the existing security gate at the entrance to Breakers Drive. -Said access easement will be established in conjunction with a new two unit residential development to be located on parcel 2. in order to facilitate the development of parcel 2, along with the establishment of the proposed access easement the applicant IN also proposing to adjust the interior common property line between the two parcels so At to provide it more uniform width for Parcel 2 and a more uniform depth for Patcol 1. In order to accomplish the proposed lot consolidation and boundary line adjustment, the applicant ie requesting approval of a parcel map. An proposed by said parcel map, Parcel 1 will Contain Volume as - Page 212 /f MI 61971 square feet and Parcel 2 will Zoning contain 5,715 square feet. It is also noted that the applicant is requesting an exception to the Subdivision Code, inasmuch as the average lot width of the proposed Parcel 2 will be lose than 50 feet (46.35+ fact)." Robert Sunni, Engineer representing the owner of the subject property, addressed the council in support of the request, otating that they will be utilizing a rather "unusual" different type of parcel, and it is their intention to provide a quality project. He also answered questions posed by Mayor Pro Tem Sansone regarding the access road to Breakers Drive. Hearing no others wishing to address the council, the public hearing wan closed. tion x Motion was made to adopt ordinance No. 90- 35, amending Districting Map No. 18, and 1 Ayes approve Resubdivision No. 932, subject to the findings and conditions an recommandeQ by the Planning Commission. , 2. Mayor Plummer opened the public hearing and Mod No. City Council review of an appeal by VILLIAM 3718/Lange N. LANDS, from the action taken by the Appeal 1•Inunluy vnimd eel w, •• do lV Iv. 1.• lot t•141 auutaln Lhe approval MODIFICATION NO. 3718, on property located at 15 Rocky Point Road, at the northerly terminus of Rocky Point Road in Spyglass Hill, a request by Mr. and Mrs. Vijay Boni to permit the retention of a portion of a single family dwelling currently under construction to encroach 1 foot 1 inch into the required 10 foot rear yard setback. The total length of the encroachment in 7 feet, and occurs at both the first and second floors. Report from the Planning Department. Appeal application of William W. Lange with letters of support to oppose the subject edification from Ken Strottman, Robert R. erduvast, and J. A. U11All. The L ly Mnllager uuLllued Lhv aLatt aepurL as fol we: "The object property is currently being d eloped with a single family dwelling. To the north is a single IF dwel ng (i.e. the residence of the appe ant); to the east, across Rocky Po t Road, is a single Volume 66 - Page 283 COMMISSIONERS May 9, 1991MINUTES f N CITY OF NEWPORT BEACH INDEX ROLL CALL " ZONE: C-1 ' TCANT: MajId Dezand, Newport Beach OWNER; a plicant Motion * Motion was made and voted on to continue ' ' Review No. All Ayes 62 and Use Permit No. 3415 to the May 23, 199 Commission meeting. MOTION CARRIED. sss $ite Plan Review No 63 (Public Hearing) Item No.4 Request to permit the construction of a single family dwelling on SPR No.63 property located in the R-1 SPR District. Approved LOCATION: Portions of Lots 30, 32 and 34, Block A-36, Corona del Mar, and a portion of Lot 1, Tract No. 1026 located at 3014 Breakers Drive, on the southeasterly corner of Iris Avenue (unimproved) and Ocean Boulevard, in Corona del Mar. ZONE: R-1 SPR APPLICANT: Robert Bucci, Newport Beach OWNER: John Harris, Newport Beach Addressing comments from Chairman Debay, Planning Director Hewicker advised the Commission that correspondence from neighboring residents of the subject property had been received after the distribution of the staff reports and had been distributed to the Commission in a separate handout. Concerns expressed in the letters included those regarding possible drainage and runoff problems due to the proposed construction on the site. Mr. Hewicker explained that prior to the time building permits are issued for the project, the City's Grading Engineer will require -8- COMMISSIONERS May 9, 1991 MINUTES f CITY OF NEWPORT BEACH INDEX ROLL CALL „ complete grading plans of the site which will include provisions designed to protect the existing site and adjoining properties from water runoff. The public hearing was opened in connection with this item and Mr. Robert Bucci, applicant, appeared before the Planning Commission and expressed his concurrence with the findings and conditions in Exhibit "A." Mr. John Coons, 207 Iris Avenue, addressed the Planning Commission. In replying to Mr. Coon's expressed concern that his view might be obstructed by the construction of the proposed structure, Chairman Debay stated that the Commission has no authority to deny a project in order to protect a private view. Director Hewicker explained previous land use requests regarding the site which had received Commission approval and which included the subdivision of three lots into a single parcel to allow for a single building site. He said that due to the key location of the site in relation to the beach access road and the sensitivity of protecting public view opportunities from Ocean Boulevard, the development on the parcel was conditioned with the requirement of a Site Plan Review. There being no others desiring to appear and be heard, the public hearing was closed at this time. Referring to one of the findings in Exhibit "A," Commissioner Merrill inquired as to how staff determined that public views would not be obstructed. During the ensuing discussion, Current Planning Manager Laycock referred to the displayed grading plan and said that by interpolating the existing grading measurements with those proposed, it was determined that the highest portion of the structure would be 5 1/2 feet below the top of curb on Ocean Boulevard. At the request of Chairman Debay, the public hearing was reopened and Mr. Bucci reappeared before the Commission and added that by utilizing City map data, elevations had been established for the project and for sites along Ocean Boulevard. Using these elevation figures as a basis, actual physical measurements were taken between the site elevations to arrive at the 5 1/2 feet below the curb along Ocean Boulevard. -9- �! COMMISSIONERS 9i 10k\ oi CITY OF NEWPORT BEACH May 9, 1991MINUTES ROLL CALL INbEX Commissioner Pomeroy commented that the word "maximize" should be deleted from the verbiage of the finding. Mr. John Veenstra, next door neighbor, appeared before the Planning Commission and stated that access to the subject project was being taken from a portion of his adjacent property. Mr. Veenstra further commented that oceanward from the subject property was 200 yards to 300 yards of parking lot. Referring to one of the letters mentioned above which expressed concerns of the Breakers Drive Association, Mr. Bucei stated that consideration would be given, during project construction, to alleviate the stated concerns. There being no others desiring to appear and be heard, the public hearing was closed again at this time. Motion * Motion was made and voted on to approve Site Plan Review No. l Ayes 63 subject to the findings and conditions in Exhibit "A." MOTION CARRIED. Findings; 1. That development of the subject property in the SPR Overlay District 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 residential development. COMMISSIONERS o`�'� �o� N1\4 May 9, 1991 MINUTES CITY OF NEWPORT BEACH INDEX — ROLL CALL 4. That unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. 5. That the proposed development fully conforms to the established development standards for the R-1 SPR District. 6. 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. 7. That the development has been designed to maximize protection of public views from Ocean Boulevard. 8. That there are no archeological or historical resources on - site. 9. That there are no environmentally sensitive areas on -site. 10. The property does not contain any areas of unique geologic hazards. 11. That the proposed project will meet City noise standards for residential development. 12. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that the project has been designed so as to limit vehicular access to the site from Breakers Drive. 13. The development is consistent with surrounding land uses and with the goals and policies of the General Plan and Local Coastal Program. 14. Mechanical equipment and trash areas will be concealed from view. -11- �3 COMMISSIONERS .o to O, d '��� AN e4 CITY OF NEWPORT BEACH May 9, 1991 MINUTES ROIL CALL INDEX 15. 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, 16. That public improvements may be required of a developer per Section 20.01.070 of the Municipal Code. 17. The approval of the proposed project will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions, 1. That the proposed development shall be in substantial compliance with the approved site plan, conceptual grading plan, floor plans, elevations and sections, except as noted below. 2. That arrangements 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, 3. That the public right-of-way area between the property line and the Beach Access Road be graded level with the existing sidewalk with a minimum two (2) foot bench provided behind the Beach Access Road right-of-way; that the proposed on -site block wall adjacent to the Beach Access Road have a maximum height of 42 inches on the access road side with a low landscape buffer between the A.C. sidewalk and the wall as approved by the Public Works Department; and that a concrete curb be constructed along the southerly side of the parcel to confine the landscape planting adjacent to the Beach Access Road, All work shall be completed under an encroachment permit issued by the Public Works Department. -12- xH COMMISSIONERS May 9, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 5. That all mechanical equipment and trash areas shall be screened from public streets and adjoining properties. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 7. 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. Use Permit No 1711 (Amended)(Public Hearin e) Item No.5 Request to amend a previously approved use permit which UP1711A permitted the expansion of an existing restaurant now known as the Approved Warehouse Restaurant. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 a.m. nightly. L ON: Parcel 1 of Parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. ZONE: - -H APPLICANT: Warehous Restaurant, Newport Beach OWNER: June Johnson, Ne ort Beach The public hearing was opened in connection 'th this item and Mr. Lee Riley appeared before the Planning Co ' ion on behalf of the property owner. Mr. Riley explained th because, historically, dancing had been an on -going activity at the s even before the time of the present ownership, it had been assumed t -13- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH tiI I I I IAU st J 19Y3 kom4caL INDEX Resubdivision No. 932 (Discussion) Item No-1 Request to permit the extension of a previously approved R932 resubdivision that permitted the resubdivision of three his Avenue lots into a single parcel of land for single family residential Approved development and to adjust the common interior property line between the proposed Iris Avenue parcel and a Breakers Drive lot. The approval also included an exception to the Subdivision Code so as to allow the creation of a parcel which is less than 50 feet wide. LOCATION: Lots 30, 32 and 34, Block A-36, Corona del Mar, located at 126.130 Iris Avenue; and Lot 1, Tract No. 1026 located at 3016 Breakers Drive, on the southeasterly corner of Iris Avenue and Ocean Boulevard and on the northerly side of Breakers Drive, easterly of Iris Avenue, in Corona del Mar. ZONES: R-1 and R-2 APPLICANT: Kim Campbell, Corona del Mar OWNER: Old World Craftsman Inc., Corona del Mar ENGINEER: Paul Como, Newport Beach Mr. Kim Campbell, applicant, appeared before the Planning ` Commission. In response to a question posed by Mr. Campbell, Chairman Merrill explained that the recommendation is to extend the approval of Resubdivision No. 932, to August 27, 1995, as stated in Condition No. 1, Exhibit "A". Motion Motion was made and voted on to approve Resubdivision No. 932, Ayes * * * * * * subject to the findings and conditions in Exhibit "A". MOTION Absent * CARRIED. -2- ,z � CoWn ISSIONERS MINUTES dIL��S CITY OF NEWPORT BEACH AMMUSL D. 1993 ROLL CALL INDEX Finding: 1. That the circumstances under which the original application for Resubdivision No. 932 was approved have not changed and that the granting of a two year extension is appropriate so as to allow the applicant additional time to record the required parcel map. Conditions: 1. That in accordance with the provisions of Section 19.16.010 of the Newport Beach Municipal Code, the original approval of Resubdivision No. 932 is extended two years to the date of August 27, 1995. 2. That all conditions of approval of Resubdivision No. 932, as approved by the City Council on August 27, 1990, shall be fulfilled. z x s e Permit No. 3040 Amended Public Hearin No.: Reque to amend a previously approved use permit 'ch 40Apermitted r:LU�P3 a establishment of a take-out Haagen-Dais i creamshop with inc' ental seating on property located in t Mariner's oved Mile Specific PI Area. The previous approval o included the waiver of a portion the required off street -king spaces. The proposed amendment olves a request to ange the operational ' characteristics of the res urant so to allow the facility to operate as a full service resta nt . cluding table service and on - sale beer and wine. The propos so includes a request to waive a portion of the required of treet p ing spaces. LOCATION: ortion of Lot A, Trac o. 919, located at 400 West Coast Highway, the northerly side of West Coast Highway, easterly of Tustin Avenue, in Mariner's Mile. -3-