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.
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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.
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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
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REALTORS
REALTOR•
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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