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HomeMy WebLinkAboutC-2141 - Fire Separation Between a City Structure and 119 Agate Avenue (Use Permit No. 1921)CLAY OF NEWPORT B41ACH -AM MORANDUM: From City Clerk TO --------------------- ]Kay ....................................... _Se t .. - 3 0_ _ 8 0 P -..... 19. - - Subject: 119 Agate Agreement to create fire separation between City structure and 119 Agate. In March you indicated a corrected agreement was to be prepared for execution when the applicant applied for a building permit. Please advise the status. Thank you. 2 te. asoy W"t" C$x ROPY not necenaT ❑ Nt-24 f' i CA OF NEWPORT ARCH MEMORANDUM: From City Clerk Subject: 119 Agate Agreement to create fire separation between City structure and 119 Agate. In March you indicated a corrected agreement was to be prepared -.for-.i_::' execution when the applicant applied for a building permit. Please advise the status. Thank you. Reply wanted Rx Berniti Reply not nece"ary ❑ BY...... .................. ................. ._........._....__ re -m 0 0 ,� �EwIpaRT CITY OF NEWPORT BEACH PLANNING DEPARTMENT (714) 640 -2137 March 5, 1980 William C. Hardesty Realtors 503 Park Avenue Balboa Island, California 92662 Subject: 119 Agate Avenue, Balboa Island Dear Mr, Hardesty: On December 10, 1979, the City Council by adoption of Resolution No. 9692, indicated its willingness to enter into a Covenant and Agreement with the owner of the property located at 119 Agate Avenue, whereby the City would agree under certain conditions to provide the required fire separation between any proposed structure on its park site and the building to be constructed at 119 Agate Avenue, This letter is to advise you that the responsibility for preparing the Covenant and Agreement lies with the owner of the property located at 119 Agate Avenue and should be prepared in consultation with the City Attorney's office. To date we have not heard from either you or the property owner regarding the preparation of this Covenant and Agreement, and I wanted to call this matter to your attention because we cannot issue a building permit with- out i t. If you have any questions regarding this matter, I may be contacted at 640 -2137 or you may wish to contact Bob Burnham, the Assistant City Attorney, at 640 -2201, Very truly yours, PLANNING DEPARTMENT AM S D. HEWICKER, Director JD k City Mall • 3300 Nleivport Boulevard, Newport Beach, California 92663 q 0 ■ HARDESTV REALTORS REALTOR• 0 503 Park Avenue Balboa Island, California 92662 December 3, 1979 The Honorable City Council Newport Beach, California Re: Use Permit #1921 (714) 675 -2866 By the CITY COUNCIL CS^ CITY OF NEWPORT BEACH ` On November 8, 1979 the Planning Commission approved use permit #1921, subject to the applicant making some arrangement with the City Council in regards to the use of the adjoing park property. It was suggested that the City pass a resolution stateing that they would not build a structure within 10 feet of 119 Agate Ave. Without this resolution, the applicant's alternatives are to build a block wall the full length of the lot adjoining the park, or set back from the property line so far that it leaves very little commercial space. The Balboa Island Improvement Association wrote a letter to the Planning Commission stateling that as a result of a unanomous vote, they feel that this building should be encouraged. The block wall would be ugly. The 5 foot setback was eliminated as an alternative for too little space. The applicant will agree to provide such a wall in the future, if the City ever does wish to build closer to the property line. Please take action necessary to resolve this request. Yours truly, William C. Hardesty cc. Jim Hewicker Cid41!�( •I.. DEC 3 1979 `,_ B CITY OF ,- �� Rf.,r ?03T BEACH, ` I L CALIF. 9\ J D December 6, 1979 TO: FROM: SUBJECT: LOCATION: ZONE: Request • City Councilleeting December 10, 1979 Agenda Item No. CITY OF NEWPORT BEACH City Council Planning Department uest of William C. Hardes G -4 D 10 1979 By the CITY COUNCIL CiTY OJ N7' 1'VRT BFACH rtainina t LOre 291, Arcnitect5 Losta mesa for the con- struction o a commercial /residential structure at 119 Agate Avenue, On the northwesterly sloe 0 sate Avenue between Park venue an the South Bay Front on Balboa Island. Lot 12, Block 7, Section 1, Resubdivision of Balboa Island (Proposed Commercial /Residential Structure). Lots 7, 8, 9, 10, and 11, Block 7, Section 1, Resubdivision of Balboa Island (Park Site). C -1 This is a request that the City create the required fire separation (setback) on the City's Park Site for the benefit of a proposed commercial /residential structure on the adjoining lot (Use Permit No. 1921). Suggested Action If desired, adopt resolution authorizing the Mayor to execute a Covenant and Agreement to create the required fire separation for the proposed structure at 119 Agate Avenue. In the event the City cannot accommodate the request, the applicant shall provide the required separation on site. Planning Commission Recommendation At its meeting of November 8, 1979, the Planning Commission voted (4 Ayes, 1 No, 1 Absent) to approve Use Permit No. 1921 subject to the following findings and conditions: TO: Ci • Council - 2. • FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed development substantially meets or exceeds the development standards of the C -R District (building height, parking spaces, buildable area, etc.). 4. That the establishment of tandem parking spaces on the site will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and gen- eral welfare of persons residing or working in the neighbor- hood 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 Title 20 of this Code. 5. The approval of Use Permit No. 1921 will not, under the cir- cumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 6. That in order to construct the building as proposed, the applicant will have to obtain a commitment from the City Council that the City will not build to within seven to ten feet of the common property line and that it is not the intent of the Planning Commission to recommend to the City Council that the easement be granted. CONDITIONS OF APPROVAL: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. Said plans may have to be revised slightly in order to meet the requirements of the Uniform Building Code pertaining to proposed openings adjacent to the southwesterly side prop- erty line. 2. That a maximum 750 sq.ft. of commercial space shall be per- mitted on the first floor of the proposed building. Said space shall include any storage or restroom areas for the commercial use as required by Code. 3. That one tandem parking space and the accessible parking space in front of said tandem parking space shall be reserved for the proposed residential unit at all times. T0: *y Council - 3. 4. That all five off - street parking spaces shall only be utilized for vehicular storage. 5. That all mechanical equipment and trash areas shall be screened from adjoining properties, Agate Avenue, and from the abutting alley. 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. That the existing driveway approach on Agate Avenue be removed and replaced with curb, gutter, and sidewalk. S. That the commercial and residential portions of the structure be provided with individual water services and sewer lateral connections unless otherwise approved by the Public Works Department. 9. That all public improvements be constructed under an encroachment permit. 10. That arrangements be made with the Public Works Department to guarantee the satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. Analysis The applicant proposes to construct a three level commercial /residential structure on the property located at 119 Agate Avenue. Details of the proposed structure are outlined in the Planning Commission staff report which is attached. The City Council should be aware, however, that the proposal includes open decks which encroach to the common property line shared by the building site and the City's property to the south- west. In addition, windows encroach to within three feet of the common property line. The structure is designed to look onto the proposed park which will replace the structures occupied by the City's Technical Services Library Facility. In order to construct the building as proposed and meet the fire sep- aration requirements of the Uniform Building Code, the applicant must obtain a commitment from the City that the City will not con- struct any structure on its park site which is of combustible material and within ten feet of the proposed commercial /residential structure on the adjoining lot. Without this commitment, the decks and windows noted above constitute openings on or near the property line which must be protected with walls of one -hour construction, steel frames and wire glass. If the applicant's request is approved, it is recommended that the Covenant and Agreement executed by the City contain sufficient guarantees, that should the applicant desire to build the structure T0: Cio Council - 4. • prior to the removal of existing buildings on the City property or if the City should ever decide to build closer than ten feet to the proposed structure, the applicant will provide the re- quired separation on his own lot. Respectfully submitted, PLANNING DEPARTMENT D. o JDH /kk Attachments for City Council Only: 1) Vicinity Map 2) Planning Commission Staff Report with Attachments 3) Letter from Balboa Island Improvement Association 4) Planning Commission Minutes Note: A copy of the plans for the proposed commercial /residential structure will be on display in the Council Chambers. nc 10 1979 RESOLUTION NO. By the C:+iY COUNCIL �_� CITY OF NEWPORT BEACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COVENANT AND AGREEMENT TO CREATE THE REQUIRED FIRE SEPARATION BETWEEN THE PROPOSED STRUCTURE AT .119 AGATE AVENUE AND A CITY STRUCTURE, BUT IN THE EVENT THE CITY CANNOT ACCOMMODATE THE REQUEST, THE APPLICANT SHALL PROVIDE THE REQUIRED FIRE SEPARATION WHEREAS, Use Permit 1921 has been considered by the City Council to allow the construction of a commercial /residential structure adjoining the City's Park Site on property located at 119 Agate Avenue, on the north - westerly side of Agate Avenue between Park Avenue and the south bay front on Balboa Island; and WHEREAS, the building code of the City of Newport Beach requires fire separation between the proposed commercial /residential structure on the property located at 119 Agate Avenue and potential structures to be built on City Park Site located adjacent thereto and within ten (10) feet of the proposed commercial /residential structure; and WHEREAS, the City Council does not comtemplate at this time that City structures will be built within ten (10) feet of the structure proposed to be located at 119 Agate Avenue; and WHEREAS, the City Council is willing to enter into a covenant and agreement with the owner of the property located at 119 Agate Avenue whereby the City agrees to provide the adequate fire separation between any proposed structure on its Park Site and the building to be constructed at 119 Agate Avenue provided that should the City determine at any time in the future to construct a structure on its park property closer than the required fire separation from the commercial /residential structure at 119 Agate Avenue, that the owner of the structure at 119 Agate Avenue will make such physical modifications to said building as will 0 fully comply with the building and fire regulations of the City of Newport Beach then in effect; and WHEREAS, the City Council has considered the terms and conditions of the proposed covenant and agreement in regards to the above matters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk are hereby authorized to execute a covenant and agreement to create the required fire separation between the proposed commercial /residential structure at 119 Agate Avenue and any City structures to be located in the City Park Site located adjacent thereto based upon the terms and conditions hereinbefore set forth. BE IT FURTHER RESOLVED that the City Clerk is hereby directed and authorized to cause the covenant and agreement to be recorded in the official records of Orange County, California. ADOPTED this day of , 1979. ATTEST; CITY CLERK -2- 10XV0.1 HRC /ap 12/10/79 RESOLUTION NO. 692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COVENANT AND AGREEMENT TO CREATE THE REQUIRED FIRE SEPARATION BETWEEN THE PROPOSED STRUCTURE AT .119 AGATE AVENUE AND A CITY STRUCTURE, BUT IN THE EVENT THE CITY CANNOT ACCOMMODATE THE REQUEST, THE APPLICANT SHALL PROVIDE THE REQUIRED FIRE SEPARATION WHEREAS, Use Permit 1921 has been considered by the City Council to allow the construction of a commercial /residential structure adjoining the City's Park Site on property located at 119 Agate Avenue, on the north - westerly side of Agate Avenue between Park Avenue and the south bay front on Balboa Island; and WHEREAS, the building code of the City of Newport Beach requires fire separation between the proposed commercial /residential structure on the property located at 119 Agate Avenue and potential structures to be built on City Park Site located adjacent thereto and within ten (10) feet of the proposed commercial /residential structure; and WHEREAS, the City Council does not comtemplate at this time that City structures will be built within ten (10) feet of the structure proposed to be located at 119 Agate Avenue; and WHEREAS, the City Council is willing to enter into a covenant and agreement with the owner of the property located at 119 Agate Avenue whereby the City agrees to provide the adequate fire separation between any proposed structure on its Park Site and the building to be constructed at 119 Agate Avenue provided that should the City determine at any time in the future to construct a structure on its park property closer than the required fire separation from the commercial /residential structure at 119 Agate Avenue, that the owner of the structure at 119 Agate Avenue will make such physical modifications to said building as will fully comply with the building and fire regulations of the City of Newport Beach then in effect; and WHEREAS, the City Council has considered the terms and conditions of the proposed covenant and agreement in regards to the above matters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk are hereby authorized to execute a covenant and agreement to create the required fire separation between the proposed commercial /residential structure at 119 Agate Avenue and any City structures to be located in the City Park Site located adjacent thereto based upon the terms and conditions hereinbefore set forth. BE IT FURTHER RESOLVED that the City Clerk is hereby directed and authorized to cause the covenant and agreement to be recorded in the official records of Orange County, California. "= °! ADOPTED this day of DEC G 1979. ATTEST: CITY CLERK -2- MAYOR HRC /ap 12/10/79