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HomeMy WebLinkAboutC-1727 - Off-Street Parking Agreement for Mariners MileCITY OF NEWPORT BEACH z CALIFORNIA City Hall C'�GiFORN�p 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE Deomffbar 7S 707S TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 0-1727 Description of Contract oet.S4ta Bar Ying AgreawmIt Authorized by Resolution No. gril _, adopted on eJam - =3r :9asr Effective date of Contract NOYGFd av 25, 1975 Contract with �, .1e Address 1533 Antigua Way Amount of Contract -City e c 0 0 De wbw 15, 1975 Mwiner's Mils Ompany 1533 Antigua Way Ndwport Beach. CA 92660 Subject: Off -Site Par4cing Agrsamant between Mariner's Mile Company and the City of N*Vort Beam Attention: Mr. Vin Jor}exsson Atta hed is a copy of the executed and recoLtIad subject agreamint for your files. This agreement was authorized by the CLty Council as June 23, 1975 by the adeption of Pleeolution No. 8521. Laure Lagioe, CM C"frty Clerk ILI&& am. 0 qb CITY OF NEWPORT BEACH CALIFORNIA November 26, 1975 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Site Parking Agreement from Mariner'-, Mi I,- Cc panv for parking purposes. x Authorized by Resolution No. 85 ?, City Manager authorized by Resolution No. 6773 to accept easement deeds. Laura Lagios City Clerk LL:swk enc. i City Hall 3300 W. Newport Blvd. Area. Code 714 673 -2110 CITY OF NEWPORT BEACH OFFICE ' CITY ATTORNEY TO: Laura Lagios, City Clerk October 14, 1975 FROM: Hugh R. Coffin, Assistant City Attorney SUBJECT: Off -Site Parking Agreement for Mariner's Mile Attached to this Memo are four executed originals of the Off - Site Parking Agreement between the City and Mariner's Mile Company which was approved by the City Council on June 23, 1975. The Agreement should be executed by the City when we are able to enter the information in the first "Whereas" clause on page 1 which provides the legal description of the two parcels involved in the Off -Site Parking Agreement. Please insert the information when available and have it executed by the Mayor and attested to by yourself. j Assistant City Attorney HRC:yz cc: James Hewicker, Asst. Director/ Planning Y G v Cn ro Iv tr cn w O H z K to rpt o (n O z ho o C-4 C-4 tr G C-4 ro w tr Iv s; (D I✓- (D P. 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Please have the Agreement executed and each signature notarized, and return it to this office for further processing. You will note that the Off -Site Parking Agreement makes reference to parcels 1 and 2 of a parcel map to be recorded in the Official Records of Orange County. This reference is to the two parcels being created by the parcel map you had approved by the City to clearly define the two parcels involved in your property. We propose holding recordation of the Off -Site Parking Agreement until we have the record data of said parcel map so when the Off - Site Parking Agreement is recorded, it will make proper reference to the accurate parcel map recording data. When the Off -Site Parking Agreements are executed and returned, they shall be executed on behalf of the City and held by the City until such time as we have recording information on the above parcel map. If you have any questions regarding this matter, please don't hesitate to contact me. HRC:yz RV J, ;� Cii ;... June 18, 1975 City Council Meeting June 23, 1975 Agenda Item No. G -6 CITY OF NEWPORT BEACH i TO: City Council FROM: Department of Community Development SUBJECT: Request for an off -site parkinq aqr on unction with the reconstruction of the lock on the northeasterly side of est Co rside Avenue and lustln venue on Mariners Miie. LOCATION: Parcel 1, Resubdivision No. 487 (Retail & Office Space) Parcel 2, Resubdivision No. 487 (Off -site Parking) ZONE: C -1 -H APPLICANT: Mariner's Mile Company, Newport Beach OWNER: Same as Applicant Application This application requests approval of an off -site parking agreement for a portion of the required parking spaces for the proposed recon- struction on Mariner's Mile. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, . or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -si.te lot must be ownership in fee or a lease- hold interest of a duration adequate to serve ail pro- posed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instru- ments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Develop- ment. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 2 (Replacement or Reconstruction of Existing Structures) from the provisions of the California Environmental Quality Act. TO: E City Council - 2. Conformance with General Plan The Land Use Element of the General "Retail and Service Commercial" use development and related off - street question fall within the permitted for a Specific Area Plan. 11 Plan designates the site for s. The proposed retail - commercial parking on the property in uses. The area is also designated Subject Property and Surrounding Land Use Temporary facilities for Balboa Marine Hardware, Newport Marine Radio, and the United California Bank, related parking and vacant property, are located on the subject property. To the north, across Avon Street, and to the east, across Tustin Avenue, are retail and office uses; to the south, across West Coast Highway, are restaurants and mixed commercial uses; and to the west is an off -site employee park- ing lot for Rosan Enterprises, an automobile service station, a marine engineering building; and across Riverside Avenue is an automobile service station and mixed commercial uses. A thirty foot wide alley separates the subject parcels. Analysis At its meeting of May 1, 1975, the Planning Commission approved Resubdivision No. 487 to create two parcels of land for commercial development where twelve lots and a portion of an abandoned alley exist. The subject parcels are owned by the Mariner's Mile Company, and a two -story retail - commercial development and related parking spaces are proposed to be constructed on the sites, replacing the former buildings located on the southerly parcel that were destroyed by a recent fire. The two -story commercial structure will be constructed of wood, masonry and glass and will contain a gross floor area of 36,250 sq.ft. Based upon a requirement of one parking space for each 250 sq.ft. of gross building area, the applicant is obligated to provide 145 park- ing spaces. To meet this requirement, the applicant proposes to construct 23 parking spaces on site and to place the remaining 122 required spaces across the thirty foot wide alley on adjoining property under the same ownership. It should be noted that this proposal does not include the building nor the required on -site parking for the United California Bank which is to be constructed on the site adjoining to the west. Planning Commission Recommendation At its meeting of June 5, 1975, the Planning Commission considered the matter of the off -site parking agreement in conjunction with additional requests for modifications to permit the proposed structures to encroach to within five feet of the alley and for parking and landscape planter encroachments to the alley. In addition, the Commission also considered a request to permit a fifty -eight foot high flag pole in lieu of a pole twenty -six feet in height. At the conclusion of the hearing, the Commission voted unanimously to approve all of the requests subject to the findings and conditions as set forth in the excerpt of the minutes which are attached. It should be noted that the only request requiring City Council consideration is the matter of the off -site parking agree- ment. Suggested Action If desired, adopt resolution authorizing the execution of an off -site parking agreement between the City of Newport Beach and the Mariner's Mile Company. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director I, By S D. HEW CKER stant Director Pldnnin AN,kk TO: City Council - 3. Attachments for Council Only: Vicinity Map Excerpt of Planning Commission Minutes of 6/5/75 Planning Commission staff report dated 5/30/75 NOTE: A copy of the site plan will be on display at the time of the meeting. C. L 9./ c �'< s ✓Lew r � co / N.✓ °�.o .? j 5 .w " C` /. E a, �F.N � R✓ db it ° 9/ ,P � 'q/ o . C2'H C -2-H C -2� !y `'6W t Fi 0 9QFrC" y Tai! . . I� C -2 "a -1 �No, r�r _ rc,ET �• M.IP N0. d I• \7 DISTRICTING MAP •NEWPORT BEACH CALIFORNIA PDRICULTURIL RESIDENTIAL MULTIPLE RESIDENTIAL SINCLE FAMILY RESIDENTIAL [-C- I ] LIGNT COMMEMIAL H_2� DUPLEX RESIDENTIAL C' F1 1 CENFa4 COM4ERou RC-9714 R - 1 PESTO. MYLTIPLL MYILY RIUDOENDEL M_II MAHUFACTURI" COWININR DISTRILTS U UNCLASSIFIED FRONT YARD SET BACK SHOWN THUS -0 - LIMITED COMMERCIAL In ORO NU i31 CAC. ?'.1950 FA OFF- S /7E PWRAIMA' A MZ. Pre Motion Ayes Absent COMMISSIONERS ,m,�`zyA1p1� 0 CITY 'OF NEWPORT&EACH Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: June 5, 1975 XI XI XI XI *I XI � *Arrived at 7:15 P.M. EX- OFFICIO MEMBERS R. V. Hogan, Community h Coffin, Assistant B in B. Nolan, City STAFF MEM Development Director City Attorney Engineer MINUTES James D. Hewicker, ssistant Director - Planning Tim Cowell, Advance ning Administrator Dave Dmohowski, Senior P ner Shirley Harbeck, Secretary * * * * * * * * Minutes of the Regular Meeting of May 1, were approved as written. Request to permit the construction of commercial buildings that encroach to within 5 feet of a rear property line, and related offstreet parking and landscape planter areas that encroach to the rear property lines on both sides of an existing 30 foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in the C -1 District when abutting an alley). Further request to permit the construction of a 58 foot high ± flag pole on the site in the 26/35 Foot Height Limitation District, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. Location: Lots 1 through 6 and.Lots 10 throug 15, Tract 1133, a portion of Lot A, Tract 919, and a portion of an abandoned alley, located at 2600- 2740 West Coast Highway, on the northeasterly side of West Coast Highway between Riverside Avenue and Tustin Avenue on Mariner's Mile. Zone: C -1 -H Applicants: Mariners Mile Co., Newport Beach; United California Bank, Los Angele! Page 1. Item #1 MODIFI- CATION NO. 904 COMMISSIONERS i CITY OF NEWPORTSEACH n m C. 1070 MINUTES � nV LL L.NLL I ••" 1 INDEX Owners: Same as Applicants Staff advised that the request was consistent with the Specific Area Plan being proposed for Mariner' Mile and recommended an additional condition which would approve the flag pole at the height requeste (58 feet) provided the flags did not include the name or logo of any tenants. Public hearing was opened in connection with this matter. Wilson Woodman, Architect with Wilson V. Woodman 8 Associates, 240 Newport Center Drive, Newport Beach, appeared before the Commission on behalf of the applicants and presented renderings of the project for review. He answered questions regard- ing the project and concurred with the staff report and recommendations. Vin Jorgenson, 1533 Antigua Way, Newport Beach, one of the owners, appeared before the Commission in connection with this request. 1 There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make the All Ayes following findings: 1. The proposed development is consistent with the General Plan, and will be compatible with surrounding land uses. 2. The encroachments into the required 10 foot rear yard setbacks on both sides of the 30 foot wide alley will not be detrimental to traffic movements in the subject alley. 3. Adequate offstreet parking spaces and traffic circulation have been provided for the pro- posed development. 4. The required parking spaces for the proposed development on a separate lot from the build- ing site is justifiable for the following reasons: 1.) The parking lot is directly across a 30 foot wide alley from the main building site; 2.) The proposed development will not create undue traffic hazards in the surrounding Page 2. COMMISSIONERS r CITY OF NEWPORT4FEACH TG1 m ZD m Y m � r, m MINUTES i INDEX area; and 3.) The property is owned by the applicant and will be maintained as an offstreet parking lot for the duration of the commercial use on the adjacent building site. 5. The proposed 58 foot high flag pole will be compatible with the proposed development. 6. The approval of Modification No. 901 will not, under the circumstances of the particular case be detrimental to the health, safety, peace, comfort and general welfare of persons resid- ing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City, and further that the proposed modification is i consistent with the legislative intent of the Zoning Code. and approve Modification No. 901, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That a minimum 50 percent of the frontage along West Coast Highway between Riverside Avenue and Tustin Avenue shall maintain a building setback of 10 feet, while the remaining 50 percent of the frontage area shall maintain a front yard setback not less than 5 feet. 3. That all exterior lighting and signs shall be approved by the Director of Community Develop- ment. Any convenience sign, such as "entrance' or "exit ", shall have a maximum area of 6 sq. ft. per face. Said convenience signs and the proposed flag pole shall not include the name or logo of the commercial uses. All other signs shall be wall mounted and shall be placed below the eave lines of the proposed commercial building. 4. That all mechanical equipment and trash areas shall be screened from the 30 foot wide alley as well as from the adjacent streets. 5. That a landscape plan shall be submitted to Page 3. i COMMISSIONERS P1p1�I A 41 0 CITY OF NEWPORAEACH MINUTES June 5, 1975 and approved by the Director of Parks, Beaches and Recreation. Said landscaping shall be implemented in accordance with the approved plan, and shall be continuously maintained. 6. That all applicable conditions of Use Permit No. 1755 and Resubdivision No. 487 shall be fulfilled. 7. That an offiste parking agreement shall be approved by the City Council, guaranteeing that the required number of parking spaces shall be provided on the site northerly of the 30 foot wide alley for the duration of the commercial uses on the property in questi 8. That the flag pole be approved at the height requested (58 feet), provided the flags shall not include the name or logo of any of the tenants. Item #2 Request to permit the construction of a drive -in USE banking facility in conjunction with a proposed PERMIT bank building in the C -1 -H District. N -0755 Location: Portion of Lot A, Tract 919, APPROVED located at 2740 West Coast Highway, C NDI- on the northeasterly corner of TTURVELY1 Riverside Avenue and West Coast Highway on Mariner's Mile, j Zone: C -1 -H Applicant: United California Bank, tv,s Angeles Owner: Same `ak Applicant Planning Commission discu ed the Riverside Avenu exit and whether or not le turns would be per- mitted. It was pointed out t t the vehicle code would permit left turns, however he Traffic Engineer recommended no left turns nto Riverside Avenue and the plot plans indicated t a "right turn only" sign would be placed at the it. Planning Commission also discussed setbac , corner cut -offs, curb cuts, sidewalks and pa ing requirements. Public hearing was opened in connection with this matter. Page 4. Planning Commission Meeting June 5, 1975 Item No. CITY OF NEWPORT BEACH May 30, 1975 TO: Planning Commission FROM: Department of Community Development SUBJECT: Modification No. 904 1 Public Hearin Referred b Modifications Committee Request to permit the construction of commercial buildings that encroach to within 5 feet of a rear property line, and related offstreet parking and land- scape planter areas that encroach to the rear property lines on both sides of an existing 30 foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in the C -1 District when abutting an alley). Further request to permit the construction of a 58 foot high ± flag pole on the site in the 26/35 Foot Height Limitation District, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. LOCATION: Lots 1 through 6 and Lots 10 through 15, Tract 1133, a portion of Lot A, Tract 919, and a portion of an abandoned alley, located at 2600 -2740 West Coast High- way, on the northeasterly side of West Coast Highway between Riverside Avenue and Tustin Avenue on Mariner's Mile. ZONE: C -1 -H APPLICANTS: Mariners Mile Co., Newport Beach; United California Bank, Los Angeles OWNERS: Same as Applicants Application This application requests approval of a modification to permit the construction of commercial buildings that encroach to within 5 feet of a rear property line, and related offstreet parking and landscape planter areas that encroach to the rear property lines on both sides of an existing 30 foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in the C -1 District when abutting an alley). Section 20.47.020 of the Municipal Code gives the Modifications Committee the power to grant modifications relating to required building setbacks in rear yards. Section 20.47.080 provides that in the event the Modifications Committee determines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination of the merits. Due to the significance of this project, and the fact that a site plan review of the proposed.development is to be approved by the Planning Commission, this matter was referred directly to the Commission. This application also requests approval of an offsite parking agreement for a portion of the required parking spaces for the proposed development. - 1 - Item No. 1 To: Planning Commission - 2. �J In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (a) Such lots is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off - site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites. (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintaince of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. The proposed development also includes the construction of a 34 foot high + flag pole attached to a proposed viewing platform (58 feet . overall) in the 26/35 Foot Height Limitation District. In accordance with Section 20.09.060 of the Municipal Code, flag poles shall be permitted in excess of height limits, subject to the approval of the Planning Commission. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 2 (Replacement or Reconstruction of Existing Structures) from the provisions of the California Environmental Quality Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for '.'Retail and Service Commercial" uses. The proposed retail - commercial development and related offstreet parking on the property in question fall within the permitted uses. The area is also designated for a Specific Area Plan. Subject Property and Surrounding Land Use An automobile service station, a marine engineering building, temporary facilities for Balboa Marine Hardware, Newport Marine Radio, and the United California Bank, related parking and vacant property are located on the subject property. To the north, across Avon Street, and to the east, across Tustin Avenue, are retail and office uses; to the south, across West Coast Highway, are restaurants and mixed commercial uses; and to the west, is an offsite employee parking lot for Rosan Enterprises, and across Riverside Avenue, is an automobile service station and mixed commercial uses. A 30 foot wide alley separates the subject parcels. Background At its meeting of May 1, 1975, the Planning Commission approved Resubdivision no. 487 to create two parcels of land for commercial Item No. 1 _ To: Planning Commission - 3. development where twelve lots and a portion of an abandoned alley exist, subject to the.nine conditions of approval.as indicated in the attached excerpt of the Planning Commission minutes. The subject parcels are owned by the Mariner's Mile Company, and a two story retail - commercial development and related parking spaces are proposed to be constructed on the sites, replacing the former buildings located on the southerly parcel that were destroyed by a recent fire. The Commission also removed from its agenda of May 1, 1975 the site plan review of the proposed development, so that plans could be reviewed concurrently with this matter and with Use Permit No. 1755, item no.2 on the Planning Commission agenda. Analysis The applicants purpose to construct a commercial building of wood, masonry and glass that encroaches to within 5 feet of the rear property line, and related offstreet parking and planter areas that encroach to the rear property lines on both sides of the subject 30 foot wide alley (where the Ordinance requires a minimum 10 foot rear yard setback in the C -1 District when abutting an alley). Staff has no objections to the applicant's.request, since the 30 foot wide alley is adequate to accomodate traffic movements and for the temporary parking of delivery trucks. As a condition of approval to allow the subject encroachments, however, staff suggests that a minimum 50 percent of the frontage along West Coast Highway on the subject property should maintain a building setback of 10 feet, while the remainii 50 percent of the frontage should maintain a front yard setback of at least 5 feet. The recommended front yard setbacks would allow more flexibility in building design and would create a better streetscape along Mariner's Mile. It should be noted that the plot plan indicates that the front yard setback is in compliance with the recommended 5' -10' building setback. Parking One hundred and forty five (145) offstreet parking stalls are proposed for the commercial development (excluding the proposed United California Bank building that has its own on -site parking lot). The two story commercial structure is proposed to contain a gross floor area of 36,250 sq.ft., which would require 145 parking spaces, (ie. one parking space per 250 gross sq.ft. of building area). Twenty three (23) parking spaces are located to the rear of the commercial structure while the remaining 122 required spaces are located across the 30 foot wide alley to the north of the building site. Staff has no objections to the applicant's request,since both properties are owned by the Mariner's Mile Company. Proaosed Siqns and Flao Pole The elevation indicates that all of the proposed identification signs are wall mounted and placed beneath the eave lines of the two story, 26 foot high commercial - retail building. Staff feels that the proposed signs are compatible with the proposed development, and meet the intent of the Sign Code that has recently been approved by the Planning Commissi A 58 foot high + (measured from grade) nautical flag pole is proposed to be attached to a two story viewing platform. Staff is of the opinion that the proposed flag pole will compliment the area, providing that the flags shall not include the name or logo of the tenants. Specific Findings and Recommendations Section 20.47.060 (B) of the Newport Beach Municipal Code provides that in order to grant relief to an applicant through a modification, a findin must be made that the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood Item No. 1 0 To: Planning Commission - 4. of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of the Zoning Code. Staff recommends approval of Modification No. 904 and suggests that the Planning Commission make the following findings in conjunction with the applicant's request: 1. The proposed development is consistent with the General Plan, and will be compatible with surrounding land uses. 2. The encroachments into the required 10 foot rear yard setbacks on both sides of the 30 foot wide alley will not be detrimental to traffic movements in the subject alley. 3. Adequate offstreet parking spaces and traffic circulation have been provided for the proposed.development. 4. The required parking spaces for the proposed development on a separate lot from the building site is justifiable for the following reasons: 1.) The parking lot is directly across a 30 foot wide alley from the main building site; 2.) The proposed development will not create undue traffic hazards in the surrounding area; and 3.) The property is owned by the applicant and will be maintained as an offstreet parking lot for the duration of the commercial use on the adjacent building site. 5. The proposed 58 foot high flag pole will be compatible with the proposed development. 6. The approval of Modification No. 901 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of the Zoning Code. Approval of Modification No. 901 is therefore recommended, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That a minimum 50 percent of the frontage along West Coast Highway between Riverside Avenue and Tustin Avenue shall maintain a building setback of 10 feet, while the remaining 50 percent of the frontage area shall maintain a front yard setback not less than 5 feet. 3. That all exterior lighting and signs shall be approved by the Director of Community Development. Any convenience sign, such as "entrance" or "exit ", shall have a maximum area of 6 sq.ft. per face. Said convenience signs and the proposed flag pole shall not include the name or logo of the commercial uses. All other signs shall be wall mounted and shall be placed below the eave lines of the proposed commercial building. 4. That all mechanical equipment and trash areas shall be screened from the 30 foot wide alley as well as from the adjacent street Item No. —I 0 9 To: Planning Commission - 5. V 5. That a landscape.plan shall be submitted to and approved by the Director of Park, Beach and Recreation. Said landscaping shall be implemented in accordance with the approved plan, and shall be continuously maintained. 6. That all applicable conditions of Use Permit No. 1755 and Resubdivision No. 487 shall be fulfilled. 7. That a offsite parking agreement shall be approved by the City Council, guaranteeing that the required number of parking spaces shall be provided on the site northerly of the 30 foot wide alley for the duration of the commercial uses on the property in question. DEPARTMENT OF COMMUNITY DEVELOPMENT R.V. HOGAN, DIRECTOR j By !R(Xx'w.r ;ep Att a std William R. Laycqpk Senior Planner WRL /dlt Attachments: Vicinity Map Rendering Excerpt of Planning Commission minutes of May 1, 1975 in conjunction with Resubdivision No. 487 Plot Plan Floor Plans Elevations I � SCE M P NO. S �— Y BEST _ fah P � �' /•/y C-2 a a Q• ' Cr.1, s 1 CC? CJ •"T d9 \ ,o o° \ \ i I `- - -� DISTRICTING MAP NEWPORT BEACH — CALIFORNIA f- _ LGRIGULTUi]t iE51Ge1'IiL huLTIOL! RESIDENTIAL SINGLE E]VII.Y RESMENTIAL T I 1 UCRT COMMERCIAL C' :PIEX CESIuE.TI]L ` _C -2� GENEP.L_ -` I —� riTD NbUI l - dn11LY ASiICENP]L 4 1 NAAu ru R:sG .BTU N" b14 _IIR CAe.v .'r OSt.ICra J U I UNLL I C =i;,1 f5 -n SET 9 �( [HOwV Tt05-0 r i :.Il:c r •.1449 ^.'d_ CA-. n5n MODIFICATION AW Roo 4 it �a LFJ ,+ISSIONERS CITY OF NEWPORT BEACLJ m D � Y p u „ALL May 1, 1975 Motion Ayes Absent MINUTES i Site Plan review of development prop d for the Item #4 site on the north side of Coast H' way between Riverside and Tustin Avenues, Mariner's Mile. X ,9R As recommended by the Sta�f-f, this matter was X X X X X removed from the agend y the Planning Commission X Commissia er Agee took his place on the dais. Item #` Request to create two parcels of land for commer- RESUB- cial development where twelve lots and a portion DIIVV -SI( of an abandoned alley now exist. N0. 48: Location: Lots 1 through 6 and Lots 10 APPROVI through 15, Tract 1133 and a CC D� portion of an abandoned alley, TIONALI located at 2600 -2712 West Coast Highway, on the northwesterly side of Tustin Avenue between West Coast Highway and Avon Street on Mariner's Mile. Zone: C -1 -H Applicant: Mariner's Mile Company, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost & Assoc., Newport Beach Public hearing was opened in connection with this matter. Bob Bein of Raub, Bein, Frost & Assoc.,, appeared before the Commission and concurred with all of the recommended conditions outlined in the staff report with the exception of Condition No. 5 on which he advised the applicant would comment. Ned McCune and Vin Jorgenson, owners of the pro- perty in question, appeared before the Commission in opposition to Condition No. 5, as they felt Policies had not been established regarding the Page 3. F n u SbIONERS CITY OF NEWPORT BEACH Z o m i Y ; MINUTES May 1, 1975 acquisition of property for the widening of Coast Highway and they did not want to set a precedent by dedicating 6 feet of valuable property to the City as they want the same compensation as other property owners along Coast Highway. They advised that the buildings would be set back a distance of 17 feet thereby making a 12 foot strip avail- able in the future and at such time as the City is ready to negotiate in connection with acquisi- tion of property for the widening of Coast Highway Gregory Dumas, Vice President and Director of Desi and Construction for United California Bank, appea before the Commission in support of statements mad by Ned McCune and Vin Jorgenson and felt that no precedent had been set or policy established regarding the widening of Coast Highway. Jose Rosan representing J. R. Investment Corpora- tion, owners of property at the southeast corner of Riverside and Avon, appeared before the Commis- sion and advised that although they.have no plans for development of their property at the present time, they do not intend to dedicate any property to the City for corner cut -offs or setbacks. There being no others desiring to appear and be heard, the public hearing was closed. City Engineer Nolan commented on the issue of dedication for public improvements and advised that policies and precedents have been established within the City and more specifically on property in West Newport and Newport Center adjacent to Coast Highway, which required dedication of right - of -way as a condition of resubdivision. The rationale for dedication is based on the fact that widening does provide benefits to the adjacent property served by the highway. Assistant City Attorney Coffin procedures of a public agency t for highway purposes. He also Policy reasons presented by Mr. same policy reasons with which consistently upheld requirement dedication, as long as the City reasonable fashion. commented on the o acquire property advised that the Nolan are the the courts have s for street is acting in a Planning Commission discussed the effects of the requirement for a 25 foot radius corner cut -off at Tustin Avenue and Coast Highway. They also dis- cussed the issue of requiring dedication of 6 feet Page 4. sslorleRS CITY OF NEWPORT BEACH i f N ➢ P rt' � T .a 7�rG T A Z t+ u� ,« May 1 ' 1975 i do es . MINUTES n es X Motion was made to make the following findings: X X X X X X 1. That the proposed retail - commercial uses and related offstreet parking on the subject property are in conformance with the General Plan, and are compatible with surrounding land uses. 2. That the resubdivision conforms with all zoning requirements and presents no problems from a planning standpoint. 3. That the approval of Resubdivision No. 487 is consistent with the General Plan, and the pro - posed subdivision and land use is compatible with the objectives, policies, general land uses, and programs specified by that plan. and approve Resubdivision No. 487, subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed-as required by ordinance and the Public Works Department, except as otherwise provided below. 3. That full parkway width P.C.C. sidewalk be constructed along the Tustin Avenue and Avon Street sides of Parcel 2. 4. That all unused alley and driveway approaches from Avon Street to Parcel 2 be removed and replaced with curb and gutter and sidewalk. 5. That a 12 -foot wide strip along the south- westerly side of Parcel 1 shall be reserved for street and highway purposes. The method of acquisition by the appropriate public agency shall be determined at a later date. 6. That a 25 -foot radius corner cut -off at West Coast Highway and Tustin Avenue be dedicated for street and highway purposes. Page 5. INDEX and purchase of 6 feet of right -of -way for Coast Highway at some length. It was the 9eneral con- currence of the Commission that no dedication would be required at this time, however, the method of acquiring the additional right -of -way by the appropriate public agency would be determined at a later date. i� 1 ;i E /AISSIONERS CITY OF NEWPORT BEACH May 1 , 1975 MINUTES INDFX 7. That a 15 -foot radius corner cut -off at Avon Street and Tustin Avenue be dedicated for street and highway purposes. 8. That all vehicular access rights from Parcels 1 and 2 to West Coast Highway and Tustin Avenu be dedicated to the City. 9. That street light construction by the develope be waived at this time. Item # Request to permit the construction of a private USE tennis club facility with lighted tennis courts PERt4IT in "Newport Place." T7_5T__ Location: A portion of Parcel 2 of Parcel APPROV Map 57 -27 (Resubdivision No. 415) CONDI- located at 1450 Quail Street, TIONAL westerly of Dove. Street, southeast- erly of Westerly Place and north- easterly of Quail Street in "Newport Place." ne: P -C A 1'cant: Joseph M. Avila of MacArthur Sports, Newport Beach Owner: Emkay Development Co., Newport Beach Planning Comm sion discussed the analysis of the parking require ents and the possible need for additional parki due to the overlap of arrival and departure time by persons .using the facilities, setbacks, access to he parcel, landscaping and potential increase in the use of the facilities through the possible se ving of food and alcoholic beverages. Public hearing was opened i connection with this matter. Brion Jeannette, architect for t project, . appeared before the Commission an answered questions in connection therewith. a concurred with the conditions as recommended by the staff and advised of the type of uses propos by the facility. Page 6. RESOLUTION NO. 5 2 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF —SITE PARKING �esr AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE MARINER'S MILE COMPANY l' V T �L WHEREAS, there has been presented to the City Council i of the City of Newport Beach a certain off -site parking agreement between the City of Newport Beach and the Mariner's Mile Company; and WHEREAS, the City Council.has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agreement above described is approved, and the Mayor and City Clerk are i hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23rd day of June , 1975.. Mayor ATTEST: City Clerk DDO /bc 6/18/75 RESOLUTION NO. 8 5 v 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE MARINER'S MILE COMPANY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain off -site parking agreement between the City of Newport Beach and the Mariner's Mile Company; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23rd day of June , 1975.. Mayor ATTEST: City Clerk i DDO /bc 6/18/75 b