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Home My WebLink AboutC-2399 - Off-Site Parking Agreement (Use Permit 2051)• • City Council Meeting June 13, 1983 \� Agenda Item No. F3A CITY OF NEWPORT BEACH BY THE CITY COUNCIL TO: City Council CITY OF NEWPORT BEACH FROM: Planning Department JUN 13 1983 nnn SUBJECT: Off -Site Parking Agreement (��( � 7 v Request to accept and approve an off - -site parking L agreement for a portion of the required parking spaces in conjunction with the construction of an office building and restaurant with on -sale alcoholic beverages on Mariners' Mile. LOCATION: A portion of Lot H, Tract 919, located at 2801 West Coast Highway, on the southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Gorden S. Barienbrock, Newport Beach OWNER: Same as applicant Application This is a request for the acceptance of an off -site parking agreement in conjunction with the construction of an office - restaurant complex on Mariners' Mile. In accordance with Section 20.30.035B. 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 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 buildings 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). • • • 0 T0: City Council - 2. 0 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 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 shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. Suggested Action If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement with Gorden Barienbrock, the Pacifica Marine property, and the Mariner's Mile Commercial Center property. Planning Commission Recommendation At its meeting of January 21, 1982, the Planning Commission voted (6 Ayes, 1 Absent) to approve Use Permit No. 2051 that permitted the construction of an office - restaurant complex on the subject property. The approval also permitted a structure which exceeded the basic height limit of 26 feet in the 26/35 Foot Height Limitation District (i.e. to 35 feet), and which exceeded the .5 times the buildable area (i.e. to .81 X the buildable area). A traffic study for the 22,400 sq. ft. building was also approved in conjunction with the proposed development. The use permit application was approved with the 17 Findings and subject to the 51 Conditions of Approval as indicated in an excerpt of the Planning Commission Minutes dated January 21, 1982, which is attached for Council review. Required Off - Street Parking The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the subject property. The daytime office use will require 64 spaces based on a formula of one parking space for each 250 sq. ft. of net floor area (office only; 15,831± sq. ft. T 250 = 63.3 or 64 spaces) . The nighttime restaurant use will require 80 spaces based on a formula of one parking space for each 40 sq. ft. of net public area (3,190± sq. ft. T 40 = 79.75 or 80 spaces). Proposed Parking The applicant proposes to satisfy both his daytime and nighttime parking requirements through a combination of on -site and off -site parking arrangements with the Pacifica Marine property, located at 2751 West Coast Highway, and the Mariner's Mile Commercial Center property, located to the rear of the property at 2700 West Coast Highway (see attached vicinity map). KJ • TO- City Council - 3. E • Nine (9) off - street parking spaces entirely on the Pacifica Marine property, and 7 parking spaces partially on said property, are proposed in conjunction with the office development on the applicant's property during daytime hours. The nighttime restaurant use will require 25 parking spaces on the Mariner's Mile Commercial Center property, and the 7 parking spaces partially on the Pacifica Marine site. The Planning Commission had no objections to the proposed off -site parking proposed for either the daytime office use or the nighttime restaurant use. In the case of the office parking, the off -site parking spaces are highly accessible and usable to the applicant's project inasmuch as the parking lot for the two adjoining projects have shared access and circulation, and appear as a single parking area. In the case of the off -site restaurant parking spaces in the Mariner's Mile Commercial Center, they will be used primarily by employees of the restaurant, although a valet service is proposed in conjunction with the restaurant which will facilitate the use of some of the off -site parking spaces for restaurant customers if required. Attached for the information and review of the City Council is a copy • of the Planning Commission staff report which describes the applicant's request. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR B a� William R. Laycock Current Planning Admini rator WRL /pw Attachments for City Council Only: Planning Commission Minutes Planning Commission Staff Report Vicinity Map 40 CoAt\MISSK)NEPSI January 21, 1982 • MINUTES �x r c m - m c N w y D m x X 2 City of Newport Beach DLL CALL I I I I I I I INDEX AND 1 (Agenda Item Nos. 11, 12 and 13 were heard next on the Agenda). Request to consider a Traffic Study for a 22,400 sq. i ft. t combined office building and restaurant facility in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. T AND S Request to permit the construction of an office building and restaurant with on sale alcoholic beverages in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The proposal also includes a modification to the Zoning • Code so as to allow the use of compact car spaces for a 1 portion of required off - street parking and to allow proposed parking spaces to encroach into the required front setback area, valet service for the restaurant use, and the acceptance of an off -site parking L agreement for a portion of the required off - street parking. Said application also includes the acceptance of an environmental document. LOCATION: A portion of Lot H, Tract 919, located at 2801 West Coast Highway, on the E southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area. 1 ZONE: SP -5 APPLICANT: Gorden S. Barienbrock, Newport Beach OWNER: Same as applicant • Agenda Item Nos. 11 and 12 were heard concurrently due to their relationship. Commissioner Allen and Commissioner Kurlander stated that they have reviewed the previous Planning Commission minutes and staff reports relating to these items. -21- AND 1 Kx rt r c m c m J J i0 JI' M J • • 5 • January 21, 1982 • of Newport Beach Planning Director Hewicker, referred to Mr. Stephen Forde's letter dated January 21, 1982, expressing his concerns relating to the Barienbrock and Clark use permit applications. Mr. Bob Burnham, Acting City Attorney, stated that in reviewing the previously submitted items from Mr. Forde and Mr. Clark, additional consideration of these items should not involve the Planning Commission. Mr. Burnham stated that a continuation of these items would be unwarranted. In response to a question posed by Commissioner Beek, Mr. Burnham stated that in his opinion, the current off -site parking agreements are enforceable and do create sufficient off -site parking to satisfy the requirements of the City. He stated that the applicant will be updating and clarifying the existing agreements to conform to the conditions that may be imposed by the Planning Commission and the City Council for the off -site parking agreement. The public hearing opened in connection with these items and Mr. Gorden Barienbrock, the owner and developer, appeared before the Commission. Mr. Barienbrock referred to his previous comments of the January 7th Planning Commission meeting and described to the Commission the proposed marine- oriented project. He stated that if he were to build a two -story building across the width of his property, the view corridor would be lost. Mr. Barienbrock distributed to the Commission a view impact sheet which listed surrounding properties and areas which have a view of the site. He then delivered a slide presentation to the Commission which depicted the subject property and surrounding areas which have a view of the site. MINUTES Commissioner Beek asked staff what discretionary powers the Commission would have on a project of this nature if it conformed to the 26 foot height limitation. Planning Director Hewicker stated that the Commission would have site plan review authority, in addition, a. use permit would be required for the restaurant use. Mr. Barienbrock clarified that the Code permits the 26 foot height limitation to be measured from grade to the average height of a pitched roof, and that the peak of said roof is permitted to be 31 feet above grade. -22- INDEX V�MISSIONERS • January 21, 1982 � r c m � m Mr. Randy Atherton, representing the Nantucket Lobster mm m x w > City of Newport Beach MINUTES - t o l l CALL 1 1 1 1 1 1 1 1 I INDEX 6 Mr. Randy Atherton, representing the Nantucket Lobster Trap Restaurants, described to the Commission the operational characteristics of the proposed restaurant use. He stated that the restaurant will primarily be a dinner house, with no request for live entertainment. He stated that no more than 25 percent of the total revenue is generated from the beverage sales. Mr. Gil Forrester, resident of 2011 Kings Road, appeared before the Commission and stated that he is in support of the proposed project and view corridor. Mr. Roland Langdrigan, a member of the Board of Directors for Newport Heights Community Association, and resident of 535 E1 Modena Avenue, appeared before the Commission. He stated that he is in support of the view corridor which the applicant is proposing. He also stated that the proposed height of the project • will not have a major impact to the views of the bay. He used the term "density bonus" for the "giving" of the view corridor and the "taking" of the additional height. He expressed his concern that if this project is approved at .8 times the buildable area, it may set a precedent for future developments in the area. He also expressed a concern with maintaining the marine - oriented uses of the project and asked how these uses will be policed. Mr. Langdrigan suggested that the following conditions be applied to the use permit: 1) That the developer stipulate to a voluntary agreement that there will be no more square footage built upon the site; and, 2) That a deed restriction be recorded which would limit the space to marine - oriented businesses. He further suggested that the applicant's design format be utilized in other areas of the Bay. Mr. Dick Hogan, Planning Consultant for the applicant, appeared before the Commission and stated that they have attempted to submit a proposal which is acceptable • to the City. 6 w � m > • • 7 • January 21, 1982 • of Newport Beach In response to a question posed by commissioner Balalis, Planning Director Hewicker explained to the Commission the marine - oriented uses and incentive uses which apply to the Mariner's Mile Specific Plan Area. Planning Director Hewicker stated that in the past, he has interpreted the Code to mean that if the project is approved at over .5 times the buildable area, then that portion of the project over .5 times the buildable area has to be utilized with incentive type uses. Commissioner.Beek stated that he interprets the Code to mean that if 100 percent of the buildable area is approved, all of the uses must be marine - related. Mr. Burnham stated that the language of the Code is capable of different interpretations, which gives the Commission discretion to impose requirements which will meet the intent and spirit of the specific area plan. He stated that this allows the Commission to determine the percentage of the building which should be occupied by marine- oriented uses for projects over .5 times the buildable area. Mr. Stephen Fords, 6 percent owner of the Pacifica Marina property, adjacent to the property in question, appeared before the Commission. Mr. Forde referred to his letter to the Commission dated January 21, 1982, and discussed the stipulation which he stated relates to the applicant's project. Mr. Barienbrock stated that the litigation that Mr. Forde is referring to, does not involve the property in question. He stated that he has a parking agreement with Pacifica Marina which is binding. Commissioner Allen asked the Mr. Burnham what type of condition can be imposed which will implement a development guarantee of marine - oriented uses. Mr. Burnham suggested that a condition could be imposed which would specify the percentage of the structure which is to be occupied by marine- oriented uses as defined by the provisions of the Code. Mr. Burnham further suggested that an additional condition be made, that if that particular percentage of marine - oriented uses are not maintained, due to a -24- MINUTES INDEX COMMISSONERS1 January 21, 1982 • MINUTES of Newport Beach • • change in occupancy from marine - oriented to some other proposed uses, that the property not used by marine - oriented uses is to remain vacant and unused until a suitable tenant which fits the marine - oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine - oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine- oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. All of these conditions and requirements shall be set forth in a document suitable for recording, approved in form and content by the City Attorney's Office, and recorded in the County records. Mr. Burnham stated that two additional findings must be made relating to the preparation of the Initial Study and Negative Declaration. Commissioner Allen suggested that a condition be imposed that no additional development will be built on the site, in consideration of granting the use permit to exceed the height. Mr. Burnham suggested that this additional restriction be recorded in the form of a Covenant. In response to a question posed by Vice - Chairman King, Mr. Burnham stated that the requirement of the applicant to notify the City in the event of change of tenancy, enables the City to monitor the marine related uses. -25- � r < ro v m i m 7c m m a J j b F N J of Newport Beach • • change in occupancy from marine - oriented to some other proposed uses, that the property not used by marine - oriented uses is to remain vacant and unused until a suitable tenant which fits the marine - oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine - oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine- oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. All of these conditions and requirements shall be set forth in a document suitable for recording, approved in form and content by the City Attorney's Office, and recorded in the County records. Mr. Burnham stated that two additional findings must be made relating to the preparation of the Initial Study and Negative Declaration. Commissioner Allen suggested that a condition be imposed that no additional development will be built on the site, in consideration of granting the use permit to exceed the height. Mr. Burnham suggested that this additional restriction be recorded in the form of a Covenant. In response to a question posed by Vice - Chairman King, Mr. Burnham stated that the requirement of the applicant to notify the City in the event of change of tenancy, enables the City to monitor the marine related uses. -25- COMMISSIONERS � x � r < . m W 'v m 7C m m > • Motion • iJanuary 21, 1982 0 of Newport Beach Commissioner Balalis suggested that marine- oriented uses be required for that portion of the building over .5 times the buildable area. Commissioner Allen concurred and stated that the density bonus that is being granted is only a density bonus if it is kept marine related, otherwise it is to be kept vacant. Planning Director Hewicker stated that with the exception of the restaurant facility, the entire building will have to be utilized with marine related uses. Commissioner Allen clarified that the portion over .5 times the buildable area would be required to be limited to the uses in Section 20.62.070, D. Mr. Burnham suggested the following finding, that approval of the floor area in excess of .5 times the buildable is warranted because of the permanent restriction on building size and the agreement of the applicant to ensure that marine- oriented uses occupy the excess floor area, or will remain vacant if not so occupied. Commissioner Beek suggested an additional condition, that the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Mr. Barienbrock stated that this would be agreeable. Motion was made to approve use Permit No. 2051 and the Off -Site Parking Agreement, subject to the findings and conditions of Exhibit "A" and, to include additional findings relating to the preparation of the Initial Study and Negative Declaration; additional conditions relating to the development guarantee of marine- oriented uses; a Covenant be recorded that no additional development will be built on the site, in consideration of granting the use permit to exceed the height; additional finding and condition relating to the uses of the excess floor area; condition that the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property; and, Condition No. 50 to be revised as suggested by staff in the January 21, 1982 staff report. -26- MINUTES INDEX r COMMISSIONERS January zl, 1982 !MINUTES ;x � r c m � m m o w. m City of Newport Beach .ROLL CALL III INDEX Amendment Ayes Noes Absent All Ayes C7 • �U X IXIX X Commissioner Beek expressed his concern with the overall building size of the proposed project. He stated that .81 times the buildable is too large for the view corridor that is being provided. He stated that .68 times the buildable area would be more in conformance with the standards of the area. Amendment to the motion was made that the third floor shall have a width of not more than 40 feet and a gross floor area of not more than 3,700 square feet, which AMENDMENT FAILED. Commissioner Allen's motion for approval of Use Permit NO. 2051 and the Off -Site Parking Agreement was now voted on as follows, which MOTION CARRIED: FINDINGS 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed development. 7. The increased building height will result in increased public visual open space and views than would result from compliance with the basic height limit. -27- COMMISSIONERS • January 21, 1982 • MINUTES � r c m � m a m 7 m D • • 11 of Newport Beach 8. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. 9. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing development or public spaces. 10. The increase in height in no case results in a floor area exceeding the floor area permitted by Section 20.62.030. 11. The proposed number of compact car spaces constitutes 17 percent of the office parking and 14 percent of the restaurant parking which is within limits generally accepted by the Planning Commission relative to previous similar applications. 12. The proposed encroachment of parking spaces within the required front setback area will not adversely effect the character of the project inasmuch as a significantly greater amount of landscaping will be provided along West Coast highway than required by Code. 13. The proposed use of compact car spaces and the encroachment of parking spaces into the required front setback area will not, under the circumstances of this 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 modifications are consistent with the legislative intent of Title 20 of this Code. 14. The approval of Use Permit No. 2051 will not, under the circumstances of this case be detrimental to the health, safety, peace, -28- INDEX • � r m m 7> A m x w 7 F7 • /.9 0 January 21, 1982 0 of Newport Beach 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. 15. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 16. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures (Condition No. 1 through 51) and that those mitigation measures reduce potentially significant impacts to a level of insignificance. 17. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and the agreement of the applicant to ensure that marine- oriented uses occupy the excess floor area, or will remain vacant if not so occupied. CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum number of parking spaces shall be provided for the duration of the office and restaurant uses: 9 parking spaces entirely on the property and 7 parking spaces partially on the property, located at 2751 West Coast Highway (the easterly 100 feet of the westerly 250 feet of Lot H, Tract 919) for daytime use only. 25 parking spaces at the rear of 2700 West Coast Highway located on Parcel 2 of Parcel Map 73 -23, for nighttime use only. -29_ MINUTES INDEX vo NSSIONERS ` � r c a m > >c m m s CIt), loll January 21, 1982 r O -. P MINUTES ROLL CALL I I I I III I I INDEX • • 13 3. That valet parking service be provided at all times during the restaurant's hours of operation. 4. That all mechanical equipment and trash areas shall be screened from west Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 8. That a minimum of one parking space /250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space /40 sq.ft. of net public area shall be provided for the restaurant use. 9. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. 10. That all restaurant employees shall park their vehicles on the Mariner's Mile off -site parking lot. 11. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. -30- } . COMMISSIONERS •' January 21, 1982 _ MINUTES E r c m - m V m a lc m m D of Newport Beach DROLL CALL I I I I I I I I I INDEX �y 13. That the on -site vehicular and pedestrian circulation systems be subject to further review by the Public Works Department. 14. That a 6 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to be approved by the Public Works Department. 15. That a 6 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 16. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or . structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. 17. That the landscape plans for plantings adjacent to the public right -of -way be reviewed and approved by the Public Works Department. 18. The southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway shall be restriped to provide the following facilities: a. A right- turn -only lane to accommodate traffic turning westbound onto West Coast Highway; b. A right -turn and through lane for • westbound and southbound traffic; c. A left - turn -only lane to accommodate traffic turning eastbound onto West Coast Highway; and, -31- �y COMMISSIONERS i January 21, 1982 . MINUTES :E r c . m m . A q t m City of Newport Beach I CAI INDEX 0 /J d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion control plan recommended in Section III, 5.0 Water Quality. 20. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. -32- �;K r c m � to A m �. 0 • • January 21, 1982 • of Newport Beach 22. The existing gates which control the vehicular entrance /exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. MINUTES 23. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 24. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 25. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 26. All on -site drainage shall be approved by the City Public Works Department. 27. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 28. The erosion and siltation control plan shall be forwarded to the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. 29. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 30. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. -33- INDEX "SSONERS1 January 21, 1982 • � r m m u. City of Newport Beach ��a and MINUTES -ROLLCALLI 111 1111 (INDEX • is /7 31. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 32. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 33. Construction of the proposed bulkhead shall be placed outside the tidal area (i.e., above the mean high tide line). 34. Construction of all waterfront improvements shall be subject to issuance of a Harbor Permit and approval -in- concept by the City Council and subject to issuance of all other applicable discretionary permits from other agencies. 35. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 36. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 37. The project shall be designed to comply with Title 24, Paragraph G, Division T -20, Chapter 2, Subchapter 4 of the California Administrative Code (Insulation Standards). -34- • i �x � r c m m > > b x w a • January 21, 1982 • of Newport Beach 38. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 39. Final design of the project shall provide for the sorting and collection of recyclable material from other solid waste. Prior to occupancy of the building, the program for sorting recyclable material shall be developed and approved by the Planning Department. 40. Final design of the project shall provide for adequate security lighting in public areas of the project site. 41. The required City review of the project landscape plan shall address the issue of retention of existing mature trees on -site to determine if such retention is desirable for the visual character of the project area. 42. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 43. That all commercial area in excess of .5 times the buildable area of the site (i.e., 8,682± sq.ft.) shall be limited to marine - oriented uses as required by the Mariner's Mile specific Area Plan in Section 20.62.070, D. 44. That if the particular percentage of marine - oriented uses are not maintained, due to a change in occupancy from marine- oriented to some other proposed uses, that the property not used by the marine- oriented uses is to remain vacant and unused until a suitable tenant which fits the marine- oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. -35- MINUTES INDEX • • 0 �x m m mm> C January 21, 1982 • of Newport Beach 45. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine - oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 46. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine- oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 47. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 times the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 48. That the non - standard concrete sidewalk and curb along the West Coast Highway frontage be reconstructed and any unused drive aprons be removed and replaced with curb, gutter and sidewalk. That all public improvements be completed under an encroachment permit issued by the California Department of Transportation. 49. That the existing telephone lines along the West Coast Highway Frontage be undergrounded. 50. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. -36- MINUTES INDEX Motion All Ayes • is 0 � r c m m %/�'` C 2� m N y V A m m I* January 21, 1982 9 of Newport Beach 51. That the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Motion was made to approve the Traffic Study in conjunction with Use Permit No. 2051, subject to the following findings and conditions, which MOTION CARRIED: TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary - modified', or 'primary' street. CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard - Restaurant /Office Complex" dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. -37- MINUTES INDEX • • • 0 SA110111Y21 , ►982 Planning Commission Meeting Aqenda Item No, a 4'12 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 2051 (Public Hearing) Request to permit the construction of an office building and restaurant with on sale alcoholic beverages in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of required offstreet parking and to allow proposed parking spaces to encroach into the required front setback area, valet service for the restaurant use and the acceptance of an offsite parking agreement for a portion of the required offstreet parking. Said application also includes the acceptance of an environmental document. AND Traffic Study (Public Hearing) Request to consider a traffic study for a 22,400 sq.ft.± combined office building and restaurant facility in the. Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. LOCATION: A portion of Lot H, Tract 919, located at 2801 West Coast Highway, on the southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Gorden S. Barienbrock, Newport Beach OWNER: Same as applicant Application This application is a request to permit the construction of an office building and restaurant with on -sale alcoholic beverages, in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area, that exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater floor area than .5 times the buildable area of the site. 0 0 TO: Planning Commission -2. In accordance with Sections 20.62.030 (F) and 20.62.050 (C) of the Newport • Beach Municipal Code, construction on a site in Mariner's Mile may exceed the allowable 0.5 times the buildable area up to a maximum of 1.0 times the buildable area for development of marine orientated uses, and may exceed the allowable building height of 26 feet, up to a maximum of 35 feet, subject to the securing of a use permit in each case. Use Permit procedures are outlined in Chapter 20.80 of the Municipal Code. • -7.2- The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the required offstreet parking and to allow a portion of the proposed parking spaces to encroach into the required front setback area. Modification procedures are outlined in Chapter 20.81 of the Municipal Code. This application also includes the acceptance of an offsite parking agreement for a portion of the required offstreet parking for both the office and restaurant use. Environmental Significance Based on the attached initial study it has been determined that the project will not have a significant environmental impact. A Negative Declaration has been prepared, and is attached for Commission review. Conformance with the General Plan and Draft Local Coast Plan The Land Use Element of the General Plan and the draft Local Coastal Plan (LCP) designate the site for "Recreational aND Marine Commercial" uses. The proposed restaurant development is a permitted use within this designation, provided that an incentive use occupies a substantial portion of the restaurant site. The LCP does not clarify whether "site" includes the area bayward of the U.S, bulkhead line to the approved pierhead line. In this particular case 8,6821 sq.ft. of the 16,312± sq.ft. of gross office floor area will be marine oriented office uses in addition to the proposed boat slips bayward of the site. Public Access The Coastal Act of 1976 requires that "public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects.... ". Section 30620 (b) of the Coastal Act requires "Commission adoption of specific procedures and guidelines... necessary to better carry out (The Coastal Act) ". Pursuant to this requirement, the Coastal Commission adopted definitions of vertical and lateral access which specify these types of access to be: "A recorded dedication or easement... ". The City of Newport Beach has consistently required dedicated access easements for new developments on the Bay. Examples of projects on which these requirements have been made are: Bayside and Marine Office Project, Larson's Shipyard, The Coves Condominiums, Shark Island Yacht Club and Lido Marina Village. • n d TO: Planning Commission -3. The City of Newport Beach LCP requires the granting tit access in new developments except where such provision is inconsistent with public safety, or the protection of fragile coastal resources, or where adequate access exists nearby. This requirement can be implemented to regulate the time, place and manner of public access depending on certain circumstances, such as proximity to residential uses and the security of upland and adjacent water uses. In response to the public access requirement, the applicant has provided two, 6 foot wide vertical access walkways (one on each side of the building) and a 6 foot /12 foot horizontal walkway adjacent to the water, on the first level. Subject Property and Surrounding Land Uses The subject property is currently occupied by a yacht sales business, with a majority of the site devoted to boat display. There are two small single story structures located on the property which will be replaced by the proposed development. To the north, across West Coast Highway, is a Shell Service Station; to the east is the Pacifica Marina Office building; to the south, is Newport Bay; and to the west is a marine maintenance and service business in a two -story structure (Rosan, Inc.) Analysis The applicant proposes to clear the subject property and construct a three -story building containing a nighttime and Sunday only restaurant on the ground floor with daytime only office above. The restaurant will operate from 5:00 p.m. to 2 :00 a.m., Monday through Saturday and the applicant anticipates the future establishment of a Sunday Brunch. There will be approximately 25 employees during peak hours of the restaurant operation. The ,following outline reflects the major characteristics of the proposed development: LOT AREA: (118.10 ft x 239.81 ft) 28,321 sq.ft. BUILDABLE. AREA: 27,436 sq.ft. .5 x Buildable Area: (Allowed with no restriction) 13,718 sq.ft. 1 x Buildable Area:(Allowed for Marine Oriented Uses) 27,436 sq.ft. GROSS FLOOR AREA: First Floor 6,088fsq.ft. Second Floor 8,922 ±sq.ft. Third Floor 7,390 ±sq.ft. TOTAL 22,400 *_sq.ft. GROSS FLOOR AREA RATIO:.81 x Buildable Area NET PUBLIC AREA: (Restaurant Only) NET FLOOR AREA (Office Only) Second Floor Third Floor TOTAL 2,920 *_sq.ft.(1) 8,663 ±sq.ft. 7,168!sq.ft. 15,831* - sq.ft. 0 0 TO: Planning Commission -4. (1) This figure is based on staff's calculation of net public area and is • slightly lower than the figure requested by the applicant (3,190 sq.ft.). The applicant has indicated that he would like to include the difference in the proposed net public area (210sq.ft.) by increasing the size of the reception area. OFF STREET PARKING: REQUIRED PROPOSED Day (Office Only) 64 48 Partially onsite 7 (2) Partially (Clark's Property) 18 TOTAL 64 73 Percent compact spaces (11 of 64 spaces) 178 Night (Restaurant Only) 80 48 Partially onsite 7 (3) Office site (Mariners Mile) 30 • iu HEIGHT LIMIT: 26/35 Foot Height Limitation. District PROPOSED BUILDING: Height: 35 feet (measured to the highest flat portion of the roof from the existing grade of the existing structure located onsite) BUILDING SETBACKS: Front (W. Coast Hwy.) East Side West Side Rear (Bay frontage) REQUIRED 5 ft, on 50% of lot frontage and 10 ft. on 50e of frontage -0 -ft. -0 -ft. -0 -ft. PROPOSED 108± ft. 36 ft. 6 ft. 6 & 12 ft. on first floor; -0- ft. on second and third floor The proposed development meets or exceeds all applicable development standards for the Mariner's Mile Specific Area Plan, except for the items discussed below. TOTAL 80 85 Percent compact (11 of 80 spaces) 1.48 • (2) The offsite parking agreement with Clark gives 18 spaces to Barienbrock although, only 9 spaces are required. (3) The offsite parking agreement with the Mariner's Mile Co. gives 30 spaces to Barienbrock although only 25 spaces are required. • iu HEIGHT LIMIT: 26/35 Foot Height Limitation. District PROPOSED BUILDING: Height: 35 feet (measured to the highest flat portion of the roof from the existing grade of the existing structure located onsite) BUILDING SETBACKS: Front (W. Coast Hwy.) East Side West Side Rear (Bay frontage) REQUIRED 5 ft, on 50% of lot frontage and 10 ft. on 50e of frontage -0 -ft. -0 -ft. -0 -ft. PROPOSED 108± ft. 36 ft. 6 ft. 6 & 12 ft. on first floor; -0- ft. on second and third floor The proposed development meets or exceeds all applicable development standards for the Mariner's Mile Specific Area Plan, except for the items discussed below. TO: Planning Commission -5. Proposed Building Area As indicated in the above outline, the proposed development includes 22,400± sq.ft. of gross floor area (.81 x buildable area) which exceeds the .5 times the buildable area of the site by 8,682* sq.ft. The Municipal Code provides that the Planning Commission by a use permit may allow development to exceed the .5 times the buildable area, up to a maximum of 1.0 times the buildable area, for marine - oriented uses as defined in Section 20.62.070 D of the Newport Beach Municipal Code. In such cases, the Planninq Commission has previously applied this land use restriction to the gross building area in excess of .5 times the buildable area of the site, or in this case, 8,682± sq.ft. of the building. The remaining floor area of the building could be used for any use acceptable in the Recreational and Marine Commercial area of the Mariner's Mile Specific Area plan (Section 20.62.040 of the Municipal Code). The applicant is aware of this provision, and has indicted that they intent to comply fuller with the marine - oriented use requirement. Required Offstreet Parking The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the subject • property. The daytime office use will require 64 spaces based on a formula of one parking space for each 250 sq.ft. of net floor area (office only; 15,8313 sq.ft. - 250 = 63.3 or 64 spaces). The nighttime restaurant use will require 80 spaces based on a formula of one parking space for each 40 sq.ft. of net public area (3,190± sq.ft. - 40 = 79.75 or 80 spaces). It should also be noted that the restaurant parking requirement could vary from one parking space for each 30 sq.ft. of net public area (106 spaces) to one parking space for each 50 sq.ft. of net public area (64 spaces). Staff feels that one parking space for each 40 sq.ft. of net public area should be adequate since no dancing or live entertainment are proposed. Proposed Parking The applicant proposes to satisfy both his daytime and nighttime parking requirement through a combination of onsite and offsite parking arrangements with William Clark, who is the applicant of the companion application, Use Permit No. 2003 (Revised) (Item No. 14 on the Planning Commission agenda). Said application proposes to establish a separate restaurant on the adjoining property easterly of the subject property. The offsite parking locations to be used by the applicant, will be William • Clark's property during the day (18 spaces entirely on Clark's property although only 9 spaces are required and 7 spaces partially on Clark's property) and the Mariner's Mile Commercial Center parking area during the night (30 spaces although 25 are required). Due to the complex nature of the parking arrangements, staff has prepared the attached chart which outlines the parking proposals for both Mr. Barienbrock's project and Mr. Clarks project. ate 0 TO: Planning Commission -6. • In accordance with Section 20.30.035 D. of the Newport Reach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: • • 2 t- (a) Such lot is so located as to be useful in conjunction 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 of 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 City Council, execute a written instrument or instruments, 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 regulation 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. Staff has no objections to the proposed off -site parking proposed for either the daytime office use or the nighttime restaurant use. In the case of the office parking, the offsite parking spaces are highly accessible and usable to the applicant's project inasmuch as the parking lots for the two projectshave shared access and circulation, and appear as a single parking area. In the case of the offsite restaurant parking spaces in the Mariner's Mile Commercial Center, they will be used primarily by employees of the restaurant, although a valet service is proposed in conjunction with the restaurant which will facilitate the use of some of the offsite parking spaces for restaurant customers if required. Parking Lot Design As previously mentioned, vehicular access to the proposed onsite parking area is by means of a common driveway located on the property easterly of the project site. The right of access over the neighboring property will be included in the offsite parking agreement with Mr. Clark. T0: Planning Commission -7. Front Setback Area • Ih accordance with Section 20.62.040 E,3. of the Newport Beach Municipal Code a minimum of 50 percent of any lot frontage abutting West Coast Highway shall provide a building setback of not less than 10 feet from Coast Highway right of way while the remaining 50 percent of the lot frontage shall provide a setback not less than 5 feet from the right of way line of Coast Highway. Within this required setback area, no structure or other intrusions shall be permitted, except for landscaping, decks, paving, architectural features or signs. Section 20.62.030, D. further provides that a minimum of 50 percent of required front setback shall be landscaped. Compact Car Spaces Eleven of the required parking spaces for both the restaurant and office use, are proposed as compact car spaces. This constitutes 17 percent of the required office parking spaces and 14 percent of the required restaurant parking spaces. The Traffic Engineer has reviewed the proposed use of compact car spaces and has indicated no objections. Proposed Building Height and Building Setbacks Section 20.62.040 (C) of the Municipal Code establishes a height limit of twenty -six feet for Mariners' Mile. However, this height limit may be exceeded up to a maximum of thirty -five feet with a use permit, providing that the Planning Commission, in granting such use permit, finds that all the following criteria are met: 1. The development will provide for both public physical and • visual access to the bay within the limits that public safety is insured and private property protected. 2. The increased building height would result in increased public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. P-rV As indicated on the attached plot plan, eleven of the proposed onsite parking spaces encroach into the required front setback area (ie, to within 1 foot of the front property line). staff has no objections to this encroachment inasmuch as the applicant has proposed a 3 foot wide planter area along the West Coast Highway frontage (ie. from the wheel stops to the front property line) which will serve to partially screen the view of parked vehicles from West Coast Highway. Landscape planters 19' -22' deep are also proposed adjacent to West Coast Highway. It should also be noted that the proposed landscaping constitutes a greater square footage of planted area than would • otherwise be required by Code (508 of the required front setback equals 442 sq.ft. of landscaping where 795 sq.ft. of landscaping is being provided directly adjacent to West Coast Highway. Compact Car Spaces Eleven of the required parking spaces for both the restaurant and office use, are proposed as compact car spaces. This constitutes 17 percent of the required office parking spaces and 14 percent of the required restaurant parking spaces. The Traffic Engineer has reviewed the proposed use of compact car spaces and has indicated no objections. Proposed Building Height and Building Setbacks Section 20.62.040 (C) of the Municipal Code establishes a height limit of twenty -six feet for Mariners' Mile. However, this height limit may be exceeded up to a maximum of thirty -five feet with a use permit, providing that the Planning Commission, in granting such use permit, finds that all the following criteria are met: 1. The development will provide for both public physical and • visual access to the bay within the limits that public safety is insured and private property protected. 2. The increased building height would result in increased public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. P-rV 0 0 TO: Planning Commission -6. • 3. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. 4. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure, including both horizontal and vertical dimensions. 5. The increase in height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. At indicated on the attached elevations, the height of the proposed building is 35 feet, measured from the existing grade, of the structure foot print presently located on the subject property (76.6 ft.). In order to provide increased public visual open space and views, the applicant has provided substantially larger building setbacks than required by • Code. The most significant of these setbacks is the 36 foot setback from the east side property line (zero setback is permitted) which provides a substantial view of the Bay from Riverside Avenue and West Coast Highway. A front setback of 180± feet is also provided from West Coast Highway and a 6 foot setback is provided from the west, property line (zero setback is permitted). A 12 foot and 6 foot setback are provided on the first level adjacent to the water. It is staff's opinion the proposed project complies substantially with the five previously stated criteria and further that the proposed building height compares favorably to other structures along the water, in the Mariner's Mile area (ie., the Rusty Pelican and the Ancient Mariner restaurant facilities). Traffic Study It is estimated that the proposed project will generate a total of 440 daily trip ends. The traffic study in Appendix E provides a description of the distribution of project related traffic on project area streets. The traffic study conducted for the proposed project documents the analyses prepared for determining the project's compliance requirements for the City's Traffic Phasing Ordinance (TPO) . The Phase 1 analysis included the "one percent" traffic volume check for the 2� hour evening peak period for six critical intersections identified by the City Traffic Engineer. The one percent traffic volume check was exceeded only on the northbound half of the south leg of Riverside Avenue at the intersection of Riverside Avenue and W. Coast Highway (i.e., the proposed exist from the project). 0 0 TO: Planning Commission -9. • An intersection capacity utilization (ICU) analysis was conducted for this intersection according to the requirements of the top. The ICU analysis indicates the projected ICU for this intersection, one year from project completion, would be 0.9650 with existing plus regional growth plus the proposed project. Because this ratio exceeds the 0.90 allowed by the TPO, the traffic study identified an appropriate mitigation measure to bring the projected ICU below 0.90. The recommended mitigation measure is described as MM5 below: the ICU analysis and recommended intersection configuration are shown in Appendix E of the Initial Study (Figure 5). Implementation of the recommended mitigation will result in an ICU ratio of 0.8099 and a satisfactory level of service for intersection. iC/ Specific Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, 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. Further, Section 20.30.035 D. of the Municipal Code sets forth the findings necessary to recommend the approval of off -site parking on a separate lot from the building site. Staff recommends approval of Use Permit No. 2051 and the corresponding traffic study and suggests that the Planning Commission take such action, subject to the findings and conditions as outlined in Exhibit "A" attached. Staff further recommends the acceptance of the offsite parking agreement. Should the Planning Commission wish to deny this application the findings outlined in Exhibit "B" are recommended. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward ,.+Ifc Senior Planner WWW:kln Attachments: Exhibit "A" Exhibit "B" Vicinity Map Parking Diagram for the Mariner's Mile Co. parking area Negative Declaration Parking Proposal Chart Initial Study with Traffic Study Plot Plan, Floor Plans and Elevations. EXHIBIT "A" • FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 2051 and OFF -SITE PARKING AGREEMENT • • zn FINDINGS 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed development. 7. The increased building height will result in increased public visual open space and views than would result from compliance with the basic height limit. B. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. 9. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing development or public spaces. 10. The increase in height in no case results in a floor area exceeding the floor area permitted by Section 20.62.030. Exhibit A Continued • 11. The proposed number of compact car spaces constitutes 17 percent of the office parking and 14 percent of the restaurant parking which is within limits generally accepted by the Planning Commission relative to previous similar applications. 12. The proposed encroachment of parking spaces within the required front setback area will not adversely effect the character of the project inasmuch as a significantly greater amount of landscaping will be provided along West Coast highway than required by Code. 13. The proposed use of compact car spaces and the encroachment of parking spaces into the required front setback area will not, under the circumstances of this 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 modifications are consistent with the legislative intent of Title 20 of this Code. 14. The approval of Use Permit No. 2051 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 development shall be • conformance with the approved floor plan, except as noted below. ^t in substantial plot plan and a. 0 0 Exhibit A Continued • 2. Than an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum number of parking spaces shall be provided for the duration of the office and restaurant uses: 12 parking spaces entirely on the property and 7 parking spaces partially on the property, located at 2751 West Coast Highway (The westerly 100 feet of the easterly 325 feet of Lot H, Tract 919) for daytime use only. 25 parking spaces at the rear of 2700 West Coast Highway located on Parcel 2 of Parcel Map 73 -23, for nighttime use only. 3. That valet parking service be provided at all times during the restaurant's hours of • operation. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. • B. That a minimum of one parking space /250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space /40 sq.ft. of net public area shall be provided for the restaurant use. 9. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. ,71 Exhibit A Continued • 10. That all restaurant employees shall park their vehicles on the Mariner's Mile off -site parking. 11. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. 13. That the on -site vehicular and pedestrian circulation systems be subject to. further review by the Public Works Department. 14. That a 6 foot wide easement be dedicated to • the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to be approved by the Public Works Department. 15. That a 6 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public works Department. 16. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. 17. That the landscape plans for plantings adjacent to the public right -of -way be reviewed and approved by the Public Works Department. I Z 7 Exhibit A Continued • 18. The southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway shall be restriped to provide the following facilities: • • 241 a. A right- turn -only lane to accommodate traffic turning westbound onto West Coast Highway; b. A right -turn and through lane for westbound and southbound traffic; c. A left- turn -only lane to accommodate traffic turning eastbound onto West Coast Highway; and, d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion control plan recommended in Section II1, 5.0 Water Quality. 20. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; Exhibit A Continued • (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 22. The existing gates which control entrance /exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 23. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by • the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 24. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 25. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 26. All on -site drainage shall be approved by the City Public Works Department. 27. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. • 28. The erosion and siltation control plan shall be forwarded to the California Regional Water quality Control Board - Santa Ana Region ten days prior to any construction activities. 7 C Exhibit A Continued 29. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 30. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 31. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 32. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and • be irrigated with a system designed to avoid surface runoff and overwatering. 33. Construction of the proposed bulkhead shall be placed outside the tidal area (i.e., above the mean high tide line). 34. Construction of all waterfront improvements shall be subject to issuance of a Harbor Permit and approval -in- concept by the City Council and subject to issuance of all other applicable discretionary permits from other agencies. 35. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. • 36. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. %Li, ( , 0, ._ Exhibit A Continued • 37. The project shall be designed to comply with Title 24, Paragraph G, Division T -20, Chapter 2, Subchapter 4 of the California Administrative Code (Insulation Standards). 38. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 39. Final design of the project shall provide for the sorting and collection of recyclable material from other solid waste. Prior to occupancy of the building, the program for sorting recyclable material shall be developed and approved by the Planning Department. 40. Final design of the project shall provide for adequate security lighting in public areas of the project site. 41. The required City review of the project landscape • plan shall address the issue of retention of existing mature trees on -site to determine if such retention is desirable for the visual character of the project area. • 3 d, 42. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 43. That all commercial area in excess of .5 times the buildable area of the site (i.e., 8,6823 sq.ft.) shall be used by marine - oriented uses as required by the Mariner's Mile specific Area Plan. 44. That the non - standard concrete sidewalk and curb along the West Coast Highway frontage be reconstructed and any unused drive aprons be removed and replaced with curb, gutter and sidewalk. That all public improvements be completed under an encroachment permit issured by the California Department of Transportation. 45. That the existing telephone lines along the West Coast Highway Frontage be undergrounded. 46. No commercially operated boat docking facilities shall be permitted bayward of the site unless the required number of offstreet parking spaces are provided (ie. 0.75 parking spaces for each boat slip or 0.75 parking spaces for each 25 feet of available mooring spaces not classified as a slip. 18" 0 • FINDINGS EXHIBIT "B" FINDINGS FOR DENIAL FOR USE PERMIT NO. 2051 and OFF -SITE PARKING AGREEMENT 1. That in exceeding the basic height limit of twenty -six feet, visual access to the Bay will be significantly impaired. 2. That the increased building height will result in decreased public visual open space. 3. The increased building height does not result in a more desirable architectural treatment of the building or visual character within the general theme of a marine environment. 4. That the increased building height and bulk would result in abrupt scale relationships • being created between the structure and existing developments. 5. The proposed off -site parking lot in the Mariner's Mile Commercial Center is not located as to be useful in connection with the proposed restaurant use on the building site inasmuch as the off -site location is approximately 500' from the subject property. 6. That the establishment, maintenance or operation of the uses and building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, and be detrimental or injurious to property and improvement in the neighborhood, and the general welfare of the City. • rO- �' fir. Iw La t �p /ll�r �f�RM IT W0. ? 1 �« �`fS flee iT O \\ DISTRICTING MAP' NPORT BEACH — CALIFORNIA t MR ULTURtI RESIDENTIAL Rq - PIE RESIDENTIAL SINDLS XANNT RESIDENTIAL C-1 Lv.T LDYYERDIAL DUPLEX RESIDENTIAL �_E OEN[R.L CONNGCUL REST)) MIA.TIPIE N111V REYOENRAI �N -1 YANL'. TURUIS CDNSIYIN{ DISTINDR r U UNMASSIEIED • h% M1PJ o° y . q, q% ti \ O S q✓ y ^ti V f 4y� M qY t o � 4 I g h Ut D5 DTC '..19W ac a O Z N rn m -i i� n A �.I �I •4 �I n! rl 'i 1 n c"� 1 n T1 it I v II TUS r/Al 11 W r.'AIt Nr6NW4r 1 • r. I i e- . I 1 [Irl -ta-- J-- J—] TI -' O Q Ulf 1, IV- III r S n Vo V( I 1 jTTTj 1 1 I 3 o .r. to r rn 1 -. 0 v 'u . G> rn -I LE NEGATIVE DECLARATION TO: Secretary for Resources 1400 Tenth Street Sacramento, CA 95814 ® Clerk of the Board of Supervisors P. 0. Box 687 NAME OF PROJECT: Use Permit No. 2051 PROJECT LOCATION: 2801 W. Coast Highway FROM: Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 PROJECT DESCRIPTION: R6 quest to permit the construction -Drt a restaurant and office I building in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limit- ation District and contains a greater gross floor area than .5 times the buildable area The proposal also includes a modification to the Zoning Code so as to allow the use of campact car spaces for a portion of the required offstreet parking spaces to encroach into the required front setback area and the acceptance of an offsite parking agreement for a portion of the required offstreet parking. FINDING: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. MITIGATION MEASURES: See Initial Study INITIAL STUDY PREPARED BY: City fo Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA DATE RECEIVED FOR FILING: AV_J_ Fred Talarico, &V Environmental Coordinator Date: I -q - • • G% Z PARKING PROIrSAL CHART AGRf� 711T "A" 0 CIARK GIVES 18 OF HIS 23 F_XCESS SPACES TO BARIENBROCK FOR DAY USE ONLY DAY PARKING Required 14 Has (on -site) 37 Excess (on -site) 23 NIGHT PARKING Required 57 Has (on -site) 37 Needs (off -site) 20 Has (off -site) 50 Excess (off -site) 30 AGREEMENT "B" Mariner's Mile Co. gives 50 excess parking spaces to Clark for night use only; includes provision to sublease 30 spaces to Barienbrock. BARIEPIBROCK DAY PARKING Required 64 Has (on -site) 48 Has (partially on -site) 7 Needs (off -site) 9 Has (off -site) 18 NIGHT PARKING Required 80 Has (on -site) 48 Has (partially on -site) 7 Needs (off -site) 25 Has (off -site) 30 Clark gives 30 of his 50 off -site spaces on the Mariner's Mile Co. site to Barienbrock for night use only. MARINER'S MILE CO. 50 excess nighttime parking spaces. 4 t:� n. U • CgtIFO R�`P i CITY OF \ EWPORT BEACH PLANNING DEPARTMENT 640 -2219 DATE: January 5, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 2051 and Corresponding Traffic Study Please include the attached supplement to Exhibit "A" for Use Permit No. 2051. PLANNING DEPARTMENT JAMES D. HEWICKER, Director • Y ' l is Ward Senior Planner WWW:KLN • �!3 I Cit }- Hall • 3300 Newport Boulevard. Newport Beach. California 02663 EXHIBIT "A" (Supplement) FINDINGS AND CONDITIONS OF APPROVAL FOR TRAFFIC STUDY IN CONJUNCTION WITH USE PERMIT NO. 2051 TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in .accordance with Chapter 15.40 of the Newport Beach. Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffice will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. CONDITION: • 1. That prior to the Occupancy of the proposed project the "Circulation System Improvement described in the Initial Studty "Martha's Vineyard Restaurant /Office Complex" dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. • �t 0 5r -r USE P I1` NO. 204-1 `-� Q(bwfiN BROCK ry DISTRICTING MAP° NEWPORT BEACH - CALIFORNIA R —A 7 lt- Mt�irttlfi�r[ [lerOVlTt a iv..V ty .mow w[e .�• V frn. r• �YT .�M L g i N n g `4 ti OFF -S'TE PAKKING AGreE MENT MIIHQ TMRAL RESIDENTIAL MI.LTIPLE RESIDENTIAL R —+ SINGLE FAMILY RESIDENTIAL C -1 LIGHT OOMMERDtAL 'p R—= DUPLEX RESIDENTIAL C —E R —] RESTV MYLTI PLL WMLY RErIMI TIAL M -1 .• cSET SA DISTRIOTE FR 4T YLgO SET A K SX NTNUS: -0 -' GENERAL COMMERCIAL MANUIXTURIIq U.-TED COO IMITED COMMERCIAL -'tXm-tgr9r ma Y.,1950 �"F + +o' : �\J OFF -S'TE PAKKING AGreE MENT