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HomeMy WebLinkAboutRiviera Magazine (PA2005-185) - The Cannery Restaurant (PA2005-239)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 October 20, 2005 TO: PLANNING COMMISSION FROM: Planning Department Jaime Murillo, Associate Planner im uril loAcity. newport- beach.ca. us (949) 6443209 SUBJECT: Riviera Magazine Use Permit No. 2005 -042 Off -Site Parking Agreement No. 2005 -003 (PA 2005 -185) 42432 nd Street The Cannery Restaurant Off -Site Parking Agreement No. 2005 -004 (PA 2005 -239) 3010 Lafayette Avenue APPLICANT: John McMonigle / Ron Salisbury REQUEST John McMonigle's request is to allow the newly constructed Monarch Building located at 424 32nd Street to exceed the base Floor Area Ratio (FAR) allocation resulting from the conversion of a 2nd floor 3,071 square foot residential unit to an office use. The conversion of the residential suite into an office also requires 10 additional parking spaces during regular business hours, which the applicant seeks, to provide at an off -site parking lot located at 520 31St Street. 2. Ron Salisbury's request is to amend the existing off -site parking agreement between The Cannery Restaurant and the City of Newport Beach for the off -site parting lot located at 520 31St Street, allowing The Cannery Restaurant to lease parking spaces to others when the parking lot is available. John McMonigle desires to convert and sell a second floor residential unit within the newly constructed Monarch Building to Riviera Magazine as an office use. This would cause the building to exceed the maximum allowable commercial floor area and necessitates the approval of a use permit. This conversion also causes the building to be deficient in parking, which has prompted Mr. McMonigle to approach The Cannery Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 2 VICINITY MAP Monarch Building 424 32nd Street Use Permit No. 2005.042 Off-Site Parking Agreement No. 2005-003 Current Mixed Use Building Development: Commercial /Residential To the north: City Hall To the south: Commercial and Mixed Use To the east: Commercial To the west: Commercial The Cannery Restaurant & Off -Site Lot 3310 Lafayette Avenue Off-Site Parkinq reement No. 2005-004 Current The Cannery Restaurant and Develop mant: Off -Site Parking Lot To the north: Residential & Parking To the south: Mixed Use /Residential /Commercial To the east: Restaurants Across the Rhine To the west: Commercial and Mixed Use R Riviera Magazine (PA 2005 -136) The Canne Restaurant (PA 2005 -239) October 20, 2005 Page 3 Restaurant in an effort to acquire the use of their off -site increased parking requirement for Riviera Magazine. Thi: through the approval of an off -site parking agreement.. He Cannery's off -site parking lot, staff discovered that the lot exclusive use of the Cannery Restaurant, hence the request their off -site parking agreement. Therefore, staff has court staff report as they are interrelated. Staff recommends that the Planning Commission approve findings and conditions of approval included with the attact BACKGROUND Monarch Mixed -Use Building The Monarch Building was designed as a 6 unit mixed• commercial units totaling 4,519 gross square feet on the f units totaling 8,714 gross square feet on the second and 1 approvals required for the construction of the Monarch Bu application to combine the 5 lots into 1 building site and various encroachments into the alley setback and the use of exception of this modification, the building complies with all o standards of the Zoning Code. Building permits for the cc were issued on April 11, 2003 and the building is near complE The Cannery Restaurant parking lot to satisfy the arrangement is possible wever, in researching the is currently limited for the by the Cannery to amend ined these items into one th requests, subject to the draft resolutions. e development with 3 floor and 3 residential d floors. Discretionary ng were a parcel map Modification Permit for idem parking. With the :r required development ,truction of the building The Cannery Restaurant was originally approved in 1971 un er Use Permit No. 1521, with an on -site 48 space tandem parking lot. Additionally, 38 parking spaces were approved at an off -site lot located at 520 315' Street, subject o the execution of an off- site parking agreement with the City. The off -site parking agreement was reviewed and approved by the City Council on October 24, 1972. On M ay 29, 1973, prior to the completion of the building, the applicant at the time reevaluE ted the parking lot layout and the off -site parking agreement was then amended to pro ide for a maximum of 37 spaces on the off-site lot. Five months after the opening of the restaurant, problem parking in the off -site lot and another amendment was then al 1973 to help alleviate the problem. The revised off-sitE redesigned for tandem and valet parking, which in effect s arose with non -patron )proved on November 21, parking lot layout was created an additional 7 Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 4 spaces, providing for a total of 45 valet parking spaces for the exclusive use of the restaurant. The additional spaces permitted the restaurant to increase the maximum seating capacity to a total of 278 seats (Based on the requirement of 1 parking space per 3 seats; 278 seats / 3 = 92.66 or 93 total parking spaces). The final and current off -site parking agreement between The Cannery Restaurant and the City was executed on January 14, 1974. The 45 off -site parking spaces are provided for the exclusive use of the employees and customers of the restaurant, for as long as the restaurant occupies the building at 3010 Lafayette Avenue. Therefore, allowing the use of any of these required parking spaces by others would be in violation of the existing off -site parking agreement. DISCUSSION Monarch Building - Riviera Magazine Each residential unit within the building provides 1 enclosed garage space and 1 open tandem space, for a total of 6 residential parking spaces. The commercial suites on the 15` floor required a total of 17 parking spaces, which are provided in tandem configuration at the rear of the building. As noted, the applicant is proposing to convert one of the residential units within the building into an office use for Riviera Magazine. Although there is commercial space available on the first floor of the building, Riviera Magazine is not a pedestrian oriented specialty retail use, and is therefore precluded from occupying the first floor per the development standards of the Cannery Village /McFadden Square Specific Plan. Business and professional offices not providing a service to the public are only permitted above the first floor. Therefore, in order to accommodate Riviera Magazine, the applicant is proposing to convert a 3,071 square foot residential unit (Unit C) within the building into an office suite. The proposed conversion will occur as an interior tenant improvement to the suite and no exterior modifications to the building are proposed as part of this request. The office is proposed to operate during the business hours of 8:00 am to 5:00 pm, Monday through Friday. Approximately 12 employees are proposed to occupy and work within the office suite, consisting primarily of editors, writers, and related support employees. Riviera Magazine will operate as a typical professional office and will generate little traffic, if any, from the general public. General Plan & Coastal Land Use Plan The site is designated as Retail and Service Commercial by the General Plan Land Use Element and General Commercial by the Local Coastal Plan. Business and professional offices located on the second floor are permitted uses within these designations. ZA Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 5 Zoning The subject property is located within the SP -6 (Cannery Village /McFadden Square Specific Plan) District and has a land use designation of Retail and Service Commercial. Business and professional offices located on the second floor are permitted uses within this designation. The proposed intensity of commercial development requires a Use Permit as it exceeds the base floor area ratio. Floor Area Ratio The Monarch Building was designed to comply with floor area limits established by the Land Use Element of the General Plan and the Cannery Village /McFadden Square Specific Area Plan. In mixed -use developments, residential development is limited to the second floor with first floor commercial use. A total floor area ratio of 1.25 is permitted, provided that the floor area ratio for the commercial development does not exceed 0.5 and the residential portion does not exceed 0.75 FAR. The building is comprised of a total of 4,519 square feet of commercial area (0.39 FAR) and 8,714 square feet of residential area (0.75 FAR), totaling 13,233 gross square feet (1.14 FAR). The conversion of the subject residential unit into an office use will result in a total increase of commercial gross floor area from 4,519 square feet (.39 FAR) to 7,590 square feet (0.65 FAR), thus causing the building to exceed the maximum 0.5 base Floor Area Allocation (FAR) for commercial uses. Proiect Comparison Table Use Gross Floor Area FAR Gross Floor Area FAR Residential 8,714 .75 5,643 .49 Commercial 4,519 .39 7,590 .65 Total 13,233 1.14 13,233 1.14 In accordance with the provisions of Section 20.63.040 of the Municipal Code, a use permit may be issued for a project which exceeds the base development allocation up to the maximum floor area ratio established for the statistical area in which the project is proposed, subject to the following two findings: That the mix of existing and approved development within the statistical area in which the project is proposed does not exceed the base development allocation established for that statistical area. 1 Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 6 2. That the statistical area in which the project is proposed does not contain any undeveloped or underdeveloped properties of sufficient size which, if developed within the land use intensities established by the Land Use Element.of the General Plan, would cause the base development allocation for that statistical area to be exceeded. Staff has determined that, although the proposed project will exceed the base development allocation of 0.5 FAR for commercial uses within the mixed -use development, the project will not exceed the total base development allocation established for the Central Newport Statistical Area B -5 (Cannery Village Sub -Area) which has a projected growth of 154,068 square feet, which is more than adequate to accommodate the 1,777 square foot (7,590 sq. ft. total commercial area — 5,813 sq. ft. max commercial area permitted = 1,777 sq. ft.) increase in entitlement allocation caused by the conversion of the unit. The Cannery Village Sub - Statistical Area does consist of smaller underdeveloped properties, which contributes to the potential growth of 154,068 square feet of entitlement. However, since 1987, there have not been any commercial developments of a significant size that would cause the total base development allocation for the statistical area to be exceeded. Additionally, there are no undeveloped or underdeveloped properties within the Cannery Village area of sufficient size, which if developed, would cause the base development allocation for the statistical area to be exceeded. Since 1987, only two significant development projects have been constructed which have reduced the total potential commercial growth of 154,068 square feet for the Cannery Village Sub - Statistical Area. A 22 unit mixed -use development project, Cannery Lofts, was approved in 2002 consisting of a total of 17,109 square feet of commercial area. Another 4 unit mixed -use development project located at 409 -415 29"' Street was permitted in 2003 and consisted of a total of approximately 4,000 square feet of commercial area. Therefore, the remaining base development allocation entitlement established for the Central Newport Statistical Area B -5 (Cannery Village Sub -Area) of 154,068 square feet has only been reduced to 132,959 square feet. Although other small projects have been constructed since 1988, it is staffs belief that they don't collectively come close to the remaining 132,959 square feet of commercial area, given that the area has not experienced large scale redevelopment and it remains largely the same as it did in 1988. The remaining base development allocation for the statistical area is more than adequate to accommodate the increase in entitlement caused by the conversions of the unit. Use Permit Findings The Zoning Code requires the Planning Commission to make certain general findings for use permits. These findings are listed and discussed below. a Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 7 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Business and professional offices located on the second floor are permitted uses within the SP -6 zoning designation. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Business and professional offices located on the second floor are permitted uses within the Retail and Service Commercial land use designation of the General Plan Land Use Element and the General Commercial land use designation of the Local Coastal Plan. The proposed conversion of the residential unit into an office use will not alter or modify the exterior appearance of the building (other than a sign perhaps) which has been constructed within compliance of the development standards of the Zoning Code. The surrounding land uses are dominated by commercial and professional offices, and more specifically, City Hall, which is located directly across the street. Therefore, the proposed conversion will not be a detriment to the surrounding neighborhood or to the general welfare of the City, in staffs opinion. The impacts of increased commercial activity at the site on the 2 residential units located directly adjacent to the proposed office use must also be considered. The Building Code requires a fully insulated demising wall, with a 1 hour fire rating, between the office unit and the residential unit which was required for initial construction. In addition, staff suggests that the office use be restricted to operate between the hours of 8:00 am and 5:30 pm, which will reduce noise associated impacts on the adjacent residences, as well as to make it conform to the hours of parking availability. Staff also suggests a condition requiring the applicant to disclose the office use to any potential purchasers of the residential units to ensure they are fully aware of the project. The Building Department has raised several Building Code issues related to the conversion of the residential unit into an office use. The primary issues identified are related to the number and design of exits, structural concerns, disabled access and disabled parking. Conditions of approval have been placed on the project to ensure the applicant will resolve these issues in conjunction with obtaining building permits for the proposed tenant improvement. If the applicant is unable to resolve these issues, a permit to convert the residential space to an office use will not be issued (although there is no indication that they cannot be resolved at this point). ki Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 8 The fact that the site is unable to support the Zoning Code's parking requirements may show that the site is not of sufficient size to support the level and intensity of development proposed. The soundness of off -site parking arrangements discussed below, is another factor to consider as to whether or not the project might prove detrimental to the area. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. There are no specific conditions relating to office uses and should the findings for the increased floor area be made and off -site parking arrangement prove acceptable, the project will be compliant with the Zoning Code. Off - Street Parking The parking standard for business and professional office uses specified by the Municipal Code is 1 parking space for each 250 square feet of net floor area. Net floor area is defined as the "...area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking ". Using this parking requirement, the proposed 3,071 square foot office use results in a total net floor area of 2,826 square feet and will require a total of 12 parking spaces (2,826 sq. ft. 1250 = 11.3 or 12 spaces). However, because the proposed office use is proposed to be converted from a suite originally designed for a residential use with 2 allocated parking spaces, the proposed office conversion will result in a need for 10 additional parking spaces. The applicant has requested approval of an off -site parking agreement to provide the 10 parking spaces on the off -site lot located at 520 31 St Street. The Planning Commission may approve off - street parking on a separate lot from the project site, subject to the following requirements: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. The applicant has entered into a Parking License agreement with The Cannery Restaurant for use of 10 parking spaces on the off -site parking lot located at 520 31St Street. As previously mentioned, the off -site parking lot is currently used as required parking for the exclusive use of the restaurant's employees and customers. However, if the proposed amendment to the Cannery's existing off -site parking agreement is acceptable and allows the Cannery to lease parking spaces to other uses when parking is available, then 10 spaces will be available for the office use of Riviera Magazine. Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 9 The subject 45 space off -site parking lot is located a walking distance of approximately 600 feet away from the subject office site. Based on the normal average walking speed of 4 feet per second as suggested by the Manual on Uniform Traffic Control Devices, the parking lot is a walking distance of approximately 2 minutes and 30 seconds away. For customer parking of a retail or restaurant use, staff believes that a distance of 600 feet would be inappropriate and an unrealistic expectation that customers would park there. However, since the proposed project is for office use of Riviera Magazine only, and the operational characteristics of the use preclude many visitors or. customers frequenting the site, staff believes the parking lot can be found useful in connection with the proposed use and that a 2 minute and 30 second walk is a realistic and an acceptable distance for employees to walk. For comparison, staff analyzed the distance City Hall employees walk from the off -site parking lot located at 530 32nd Street, and found that the walking distance is approximately 580 feet to Building C (the building that houses the Planning Department). This distance is comparable and has proven to work for City employees. Finally, the Commission must also evaluate the adequacy of the companion amendment to The Cannery Restaurant's off -site parking agreement in conjunction with this finding (a discussion of the Cannery's application is provided later in the report). Should the amendment to the Cannery's off -site parking agreement be found unacceptable, this finding should not be made and the off -site parking agreement for Riviera should be denied. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. The subject off -site parking lot has operated in that location since the establishment of The Cannery Restaurant in 1973, and to date, the parking lot has not created an undue traffic hazard in the surrounding area. Riviera Magazine is not anticipated to be a heavy traffic generating operation, but rather with its operational characteristics and small staff of approximately 12 employees, the use will be of little impact on the overall traffic in the community. The lot has not been maintained however, and is currently in poor condition which can create hazards. Additionally, the circulation of the parking lot has been restricted by the placement of bollards through the driveway access to the alley. Therefore, a condition of approval has been placed on the project to remove the bollards to improve the circulation of the parking lot and to repave and restripe the lot to provide the required 45 parking spaces. The tandem configuration of the parking lot and use of valet parking is not the ideal configuration for employee parking. However, as discussed later in this report, 10 parking spaces are conditioned to be reserved for the use of the office employees between the hours of 8:00 am and 5:30 pm, Monday through Friday. This condition will ensure that the office employees will not be blocked in by the restaurant's valet operation, and further ensure that the office employees do not park themselves in a manner which precludes the full use of the tandem spaces. Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 10 3. Such lot and the site are in the same ownership, or the owners of the 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 alt proposed uses on the site or sites). The applicant does not own the lot, but does have a Parking License agreement, which is equivalent to a lease, with owner of the Cannery Restaurant's off -site lot to lease 10 parking spaces for the proposed office use (Exhibit 4). The license grants the applicant 10 spaces within the lot, Monday through Friday, from the hours of 8:00 am to 5:30 pm. The license is for a term of 10 years, with an option to extend the license for one additional term of 10 years. A provision is included within the Parking License that would allow the Cannery, at its own discretion with 90 days prior notice, to terminate the License. The subject Parking License does provide for a leasehold interest; however staff feels that the Cannery's right to terminate the License with 90 days notice does not provide for a duration adequate to serve the proposed office use. Should the Cannery terminate the Parking License with Riviera, 90 days will not provide a sufficient amount of time for Riviera to seek an alternative off -site parking lot to satisfy the off -site parking agreement and obtain Planning Commission approval of a new location for off -site parking. Staff suggests and has included a condition requiring that, at a minimum, a 180 day notification be required before the Cannery can terminate the License, in order to provide Riviera with a realistic time frame to seek alternative parking arrangement. 4. The owner or owners and the City, upon the approval of the Planning Commission, shall 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 site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof tiled with the Planning Department. Should the Planning Commission agree that the proposed off -site parking lot located at 520 31st Street is useful in connection with the proposed use and provide for a duration adequate to serve the needs of the proposed office use, the project will be conditioned to execute an off -site parking agreement with the City, which shall be reviewed by the City Attorney and recorded. Staff suggests that the agreement be drafted in such a manner that would require the applicant to provide 10 off -site parking spaces as approved by the Planning Commission, for the duration of the office use within the unit. Should the applicant lose its right to use the off -site parking at The Cannery Restaurant and alternative means of off -site parking can not be provided, then the use permit shall l� Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 11 expire and the office suite shall be converted back to a residential unit unless a parking waiver is sought and approved by the City. 5. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off - street parking on a separate lot. The applicant has paid the established fees necessary for the consideration of the off - site parking agreement application. The Cannery Restaurant & Off -Site Parking Agreement Amendment Site Overview The subject property is located southeast of the intersection of 315` Street and Lafayette Avenue, more specifically at 3310 Lafayette Avenue. The property is approximately 21,000 square feet in area and developed with a 38 space surface parking lot and a two - story 10,109 square foot structure, currently occupied by the subject full- service eating and drinking establishment. Additionally, The Cannery Restaurant owns and maintains the 45 space off -site parking lot located across Lafayette Avenue immediately to the west, more specifically at 520 31St Street. As previously mentioned, the 45 space off -site parking lot was approved for the exclusive use of The Cannery Restaurant through an off - site parking agreement between the Cannery and the City. Project Overview The restaurant structure consists of 10,109 square feet of gross floor area, and is permitted a maximum seating capacity for 278 persons. There are currently no restrictions on the hours of operation. Dancing is not permitted, and the restaurant's ability to provide live entertainment (originally approved in 1973 by Use Permit No. 1684) expired in November of 1997. The first floor of the restaurant consists of a customer waiting area, restroom facilities, a kitchen and service area, a large dining room area, and an outdoor dining area. The second floor consists of a service and storage room, dining area, a large bar area, and a lounge. The property owner, Ron Salisbury, is requesting to amend the existing off -site parking agreement between The Cannery Restaurant and the City of Newport Beach for the 45 space off -site parking, allowing The Cannery Restaurant to lease parking spaces to other uses when the parking lot is available, particularly, 10 spaces to Riviera Magazine at this time. Should both subject off -site parking agreements be approved, the applicant for Riviera Magazine is prepared to repave and the re-stripe the off -site parking lot per the conceptual parking layout provided in Exhibit 5. 0 Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 12 General Plan & Zoning The restaurant site is designated as Recreational & Marine Commercial by the General Plan Land Use Element, the Local Coastal Plan, and the SP-6 (Cannery Village /McFadden Square Specific Plan) District. Eating and drinking establishments are permitted uses within this land use designation. The off -site parking lot is designated as Retail & Service Commercial & General Industry by the General Plan Land Use Element, General Commercial by the Local Coastal Plan, and Retail & Service Commercial by the SP -6 (Cannery Village /McFadden Square Specific Plan) District. The off -site parking lot is consistent with these land use designations. Off - Street Parking The parking standards at the time of original approval were at a ratio of one parking space per 3 seats. Based on that parking ratio, the maximum 278 person seating capacity permitted for the restaurant would require a total of 93 off - street parking spaces (278 seats / 3 = 92.66 or 93 spaces). The parking requirement has been satisfied by providing 48 parking spaces on -site through the use of tandem and valet parkiny. The remaining 45 required parking spaces are provided on the off -site lot at 520 31 Street through tandem and valet parking also. It should be noted however, that the off -site parking lot has been maintained in poor condition, and the striping delineating the parking stalls has faded, thereby leaving the spaces undefined. A parking study was performed by traffic consultants, Kimley -Horn and Associates, on October 3, 2005 (Exhibit 6). The parking study analyzed the availability of parking on the subject off -site parking lot during the typical weekday business hours of 8:00 AM to 5:00 PM. Kimley -Hom collected parking counts and conducted observations in the subject lot on a Thursday and Friday. The results of the study concluded that the restaurant's daytime use of the off -site parking lot peaked at 24 vehicles between 3:00 PM and 4:00 PM on a Friday afternoon. Based on the study, Kimley -Horn found that the 45 parking spaces are more than sufficient to serve the daytime employee and valet parking needs of the restaurant, as well as the ability to lease 10 parking spaces for the Riviera Magazine office use. Additionally, Kimley -Horn recommended that the 10 spaces at the southwest comer of the lot (numbered 30 through 34 and 41 through 45 on the conceptual parking layout) be marked as reserved for Riviera Magazine. The City Traffic Engineer concurs with the study, particularly with the recommendation for the reservation of the 10 spaces for Riviera Magazine. By clearly marking the spaces reserved, potential problems of the restaurant's valet blocking in Riviera Magazine's employees or visitors will be eliminated. 1A Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 13 Additionally, the employees of Riviera will be prohibited from parking in any other spaces, which could possibly preclude the full use of the remaining on -site tandem spaces. Off -Site Parking Agreement Amendment The off -site parking agreement executed on January 17, 1974 by The Cannery Restaurant and the City permitted a seating capacity of 278 seats, so long as a total of 93 off -site parking spaces are provided. Additionally, 45 off -site parking spaces were permitted on the lot located at 520 31St Street for the exclusive use of the restaurant (Exhibit 7). The existing off -site parking agreement specifically states: "For so long as the building located on the property at 3090 Lafayette Avenue, Newport Beach, is occupied by the proposed restaurant, 45 off - street parking spaces will be provided on the lot located at the southeast corner of Lafayette Avenue and 31st Street, described as parcel 8 hereinabove, for the exclusive use of the customers and business invitees of the restaurant". Therefore, in order for The Cannery Restaurant to lease 10 spaces to Riviera Magazine, an amendment to the off -site parking agreement is required to grant the Cannery authority to lease the spaces. Based on the parking study performed by Kimley -Hom and the fact that The Cannery Restaurant does not currently draw large lunch crowds, staff believes that the spaces are indeed available during the typical weekday business hours of 8:00 am to 5:30 pm hours. However, should the Planning Commission approve the Cannery's request to authorize them to lease spaces to other use establishments, staff suggests that occupancy restrictions be placed on the Cannery during the times the spaces are to be leased. Suggested language can read as follows: "For so long as the building located on the property at 3090 Lafayette Avenue, Newport Beach, is occupied by the proposed restaurant, 45 off - street parking spaces will be provided on the lot located at the southeast corner of Lafayette Avenue and 31st Street, described as parcel B hereinabove, for the exclusive use of the customers and business invitees of the restaurant, except when surplus spaces are available. Restaurant patrons and employees shall be prohibited from being parked on the streets and shall be required to be parked either on -site or within the off -site lot. Should the parking spaces be leased or made available to other uses, the maximum seating capacity of the restaurant shall be reduced based on the ratio of 3 seats per 1 parking space allocated to others during the days and times those spaces are being provided to others. The City shall review and approve, modify or disapprove any arrangements to lease or make parking k5 Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 14 spaces available to other uses. The Owner shall provide verification of the necessary actions required to limit the seating capacity to the number of seats that remain available for the use by the restaurant." Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the proposed project is located in a fully developed area. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. SUMMARY The Planning Commission needs to determine whether or not the parking arrangements are sound and whether or not the findings can be made related to the off -site parking agreements. If the parking arrangements are acceptable and findings for approval of the off -site parking agreements are evident, the Use Permit can be considered favorably. However, this Use Permit is a permanent land use approval connected with an off -site parking agreement that may not be as durable. Requiring and maintaining conversion of the commercial suite to a residential use would prove difficult should the parking arrangement fall apart due to any circumstance, and it is likely that a parking waiver might be sought in that case. The off -site parking arrangement to support the increased commercial activity is not optimal, but staff believes that sufficient facts are shown to support the required findings to approve the Use Permit and the two Off -Site Parking Agreements. Staff recommends project approval as conditioned. The Planning Commission has the following additional options: 1. The Commission may modify (and approve) any aspect of the Use Permit or Off- Site Parking Agreements or conditions as deemed necessary to address any concerns. 2. The Commission may determine that the parking arrangements are not acceptable and /or that the Monarch Building site is not suitable for the type or 16 Riviera Magazine (PA 2005 -136) The Cannery Restaurant (PA 2005 -239) October 20, 2005 Page 15 intensity of development. In either case, staff would recommend denial of the project. Findings for denial are attached. Prepared by: aime Murillo, Associate Planner Exhibits Submitted by: AD.:JJ .-11�AOWWL, atricia L. Temple, Manning Director 1. Draft Resolution No. 2004 -_; findings and conditions of approval (The Cannery Restaurant) 2. Draft Resolution No. 2004-; findings and conditions of approval (Riviera Magazine) 3. Findings for Denial 4. Parking License Between The Cannery Restaurant and Riviera Magazine 5. Off -Site Parking Lot Plan (520 3151 Street) 6. Kimley -Horn and Associates Parking Study 7. The Cannery Restaurant's Existing Off -Site Parking Agreement 8. Existing Floor Plans (424 32nd Street) 9. Proposed Floor Plans (424 32 "d Street) 1h EXHIBIT 1 Draft Resolution No. 2004- ;(Riviera Magazine) `N RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -042 AND OFF -SITE PARKING AGREEMENT NO. 2005 -003 FOR PROPERTY LOCATED AT 424 32ND STREET (PA2005 -136) WHEREAS, an application was filed by John McMonigle with respect to property located at 424 32nd Street, and legally described as Parcel 1 of Parcel Map No.2002- 199, requesting approval of a Use Permit to exceed the base Floor Area Ratio (FAR) allocation resulting from the conversion of a 2nd floor 3,071 square foot residential unit to an office use. The application also requests approval of an Off -Site Parking Agreement to provide the additional 10 parking spaces associated with the use. WHEREAS, a public hearing was held on October 20, 2005, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, a use permit for the proposed office conversion is in compliance with Chapter 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code for the following reasons: 1. The proposed location of the use is in accord with the objectives of the Zoning Code and the purpose of the district in which the site is located because business and professional offices located on the second floor are permitted uses within the SP-6 zoning designation. 2. The location of the proposed office, and the proposed conditions under which it will be operated and maintained, is consistent with the General Plan and the purpose of the SP -6 District in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. Business and professional offices located on the second floor are permitted uses within the Retail and Service Commercial land use designation of the General Plan Land Use Element and the General Commercial land use designation of the Local Coastal Plan. b. The proposed conversion of the residential unit into an office use will not alter or modify the exterior appearance of the building, which has been constructed within compliance of the development standards of the Zoning Code. City of Newport Beach Planning Commission Resolution No. _ Page 2 of 7 c. The surrounding land uses are dominated by commercial and professional offices, and more specifically City Hall which is located directly across the street. d. The impacts on the 2 residential units located directly adjacent to the proposed office use have been reviewed and determined to be minimal, due to the Building Code requirements relating to the separation of the units and the conditions restricting the hours of operation for the office use. e. The project design and operational characteristics, as conditioned, meet the intent of the Zoning Code by facilitating the office use, while limiting its potential impacts on the community. WHEREAS, a use permit to exceed the base development allocation up to the maximum floor area ratio established for the statistical area in which the project is proposed is in compliance with the provisions of Section 20.63.040 of the Municipal Code for the following reasons: 1. The mix of existing and approved development within the statistical area, in which the project is proposed, will not exceed the total base development allocation established for the Central Newport Statistical Area B -5 (Cannery Village Sub -Area) which has a projected growth of 154,068 square feet and is more than adequate to accommodate the 1,777 square foot increase in entitlement allocation caused by the conversions of the unit. 2. The statistical area, in which the project is located, does not contain any undeveloped or underdeveloped properties of sufficient size, which, if developed within the land use intensities• established by the Land Use Element of the General Plan, would cause the base development allocation for that statistical area to be exceeded, since most sites are developed to some extent. WHEREAS, an Off -Site Parking Agreement for the ability to use 10 spaces on an off -site parking lot located at 520 3151 Street is in compliance with the provisions of Section 20.66.080 of the Municipal Code for the following reasons: 1. The off -site parking is located a walking distance of approximately 600 feet away from the subject office site, which is a realistic and an acceptable distance for employees to walk and a location that is useful in connection with the proposed use. 2. Parking on the off -site parking lot will not create an undue traffic hazard because the off -site parking lot has operated in that location since the establishment of the Cannery Restaurant in 1973, and to date, has not created an undue traffic hazard in the surrounding area. 3. The applicant has entered into a Parking License agreement with the owner of the off -site parking lot to lease 10 parking spaces for a term of 10 years, with an 7� City of Newport Beach Planning Commission Resolution No. _ Page 3 of 7 option to renew the lease for an additional 10 years, which has been found to be a duration of time adequate to serve the proposed office use. 4. The project has been conditioned to execute an off -site parking agreement with the City, which shall be reviewed by the City Attorney and recorded. Should Riviera Magazine lose its rights to use the off -site parking and alternative means of off -site parking are not provided, then the use permit shall expire and the office suite shall be converted back into a residential unit. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The project consists of interior modifications of an existing commercial building. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -042 and Off -Site parking Agreement No. 2005 -003, subject to the Conditions set forth in Exhibit "A.° Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS _ DAY OF 2005. AYES: NOES: fib Michael Toerge, Chairman BY: Barry Eaton, Secretary City of Newport Beach Planning Commission Resolution No. _ Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -042 OFF -SITE PARKING AGREEMENT NO. 2005-003 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped with the date of this meeting. 2. Use Permit No. 2005 -031 and Off -Site Parking Agreement No. 2005 -003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Any change in the operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. The unit shall be used strictly as a non - medical office use and may not be used for any other commercial purposes. 5. Prior to the issuance of building permits, approval from the California Coastal Commission is required. 6. Hours of operation shall be limited to 8:00 am to 5:30 pm, Monday through Friday. 7. The applicant shall disclose the office use to any potential purchasers of the two adjacent residential units to ensure they are fully aware of the project. Upon entering escrow for the sale of the residential units, the applicant shall provide the Planning Department with a copy of the disclosure statement. 8. A minimum of two (2) parking spaces shall be provided on -site, including one enclosed space. The parking spaces shall be available for the exclusive use of employees of the office and shall be used for parking purposes only. No conversion of the garage space to other use shall be permitted. 9. The enclosed parking space shall comply with the following requirements: a. The garage door shall remain open during regular business hours. b. That a sign be posted on the business frontage which advises patrons of the availability and location of parking spaces. c. That a sign be posted on the rear of the site which states that the doors are to remain open during business hours, provides a number to call for Code Enforcement, and contains Municipal Code Section 20.66.050. d. That the location, size, and color of the signs required by b. and c. above shall be approved by the Planning Director. 9A City of Newport Beach Planning Commission Resolution No. _ Page 5 of 7 10.A restrictive covenant, to the satisfaction of the City Attorney, shall be recorded ensuring that the required ten (10) off -site parking spaces will be available at a specified location for the benefit of the office use at 424 32nd Street at all times as long as the subject office use is deficient in parking. These spaces shall be available prior to the issuance of any building permits for the tenant improvements of the office suite. 11. Should the required ten (10) off -site parking spaces no longer be available for the use of the subject office use, and alternative means of off -site parking can not be provided or are not approved by the City, then the use permit shall expire and the office suite shall be converted back to a residential unit. 12.AII employees are required to park on -site within the 2 on -site parking spaces allocated to the office use, or within the off -site parking lot location approved by the City. 13. For as long as the office use leases the 10 parking spaces at the off -site parking lot located 520 315` Street, the 10 parking spaces (30 through 24 and 41 through 45 as shown on the approved conceptual parking layout) at the southwest corner of the parking lot shall be marked and signed `Reserved for Riviera Magazine Employees during the hours of 8:00 am to 5:30 pm, Monday through Friday ", or other tenant name occupying the office suite. 14. The off -site parking lot located at 520 315` Street shall be repaved and striped to provide the 45 spaces as proposed and approved in conformance with the approved off -site parking lot plan. 15. The Parking License between the office use and the owner of off-site parking lot located at 520 315` Street shall be amended to require the owner to provide a minimum of 180 days advanced notice to the office use and the City, prior to terminating the License. 16. The Planning Department shall be noted immediately, should any changes in the Parking License between the office use and the owner of off -site parking lot be proposed. 17. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Additionally, the applicant shall engage an architect and consultant with the Building Department to identify and resolve Building Code issues and code compliance. 18. Should the applicant be unable to resolve Building Code compliance issues with the Building Department, then a building permit shall not be issued for the tenant improvement of the office use and this use permit approval shall become null and void. �5 City of Newport Beach Planning Commission Resolution No. _ Page 6 of 7 19. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 20.The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21. Strict adherence to maximum occupancy limits is required. Prior to the final building permits, the location of maximum occupancy postings in the building shall be inspected and approved by the Building Department or Fire Department to ensure the location is readily visible to employees, patrons and public safety personnel. 22.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 23.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this office use that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 24.The operator of the office use shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. 25. Storage outside of the building in the front, side or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. au Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 25. Storage outside of the building in the front, side or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. au City of Newport Beach Planning Commission Resolution No. _ Paae 7 of 7 26.The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors, which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Additionally, provisions shall be made to prevent debris and pollution runoff from tracking onto the public right -of -way. 27. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 28. All deliveries shall be made on -site and shall not block the vehicular right -of -way. 29. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 31. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. 32. Window signs visible on the exterior of the building are not permitted. `aI EXHIBIT 2 Draft Resolution No. 2004 - _;(The Cannery Restaurant) �0. RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH AMENDING A PREVIOUSLY APPROVED OFF - SITE PARKING AGREEMENT NO. 2005 -004 FOR PROPERTY LOCATED AT 3010 LAFAYETTE AVENUE AND 520 318T STREET (PA2005 -239) WHEREAS, an application was filed by Ron Salisbury with respect to property located at 3010 Lafayette Avenue and 520 31s Street, and legally described as Lot 1, 2, 3, 4, 5, 6, & 7, Block 429, of the Lancaster's Addition and Lot 11, 12, 13, &14, Block 430, of the Lancaster's Addition, requesting approval of an Off -Site Parking Agreement amending the existing agreement to allow the applicant to lease parking spaces to other uses when the parking spaces are available. WHEREAS, a public hearing was held on October 20, 2005, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the proposed project is consistent with the General Plan as it involves an eating and drinking establishment and an off -site parking lot, which are both permitted uses with the their respective land use designations. WHEREAS, the proposed amendment to the existing off -site parking agreement has been reviewed and approved in compliance with the provisions of Section 20.66.080 of the Municipal Code for the following reasons: The off -site parking is located west from the restaurant, directly across Lafayette Avenue. The parking lot is and has proven to be in a location useful in connection with the restaurant use. 2. Parking on the off -site parking lot will not create an undue traffic hazard because the off -site parking lot has operated in that location since the establishment of the Cannery Restaurant in 1973, and to date, has not created an undue traffic hazard in the surrounding area. 3. The off -site parking lot is available for a duration of time adequate to serve the restaurant use because the owner of The Cannery Restaurant also owns the subject off -site parking lot and is required to provide the parking for the use of its employees and customers for as long as the restaurant exists on the site. 4. The amendment to the off -site parking agreement will require recordation of a new restrictive covenant, to the satisfaction of the City Attorney, to ensure that the off -site parking spaces will remain available to the restaurant when needed. City of Newport Beach Planning Commission Resolution No. _ Page i of 4 WHEREAS, the City shall review and approve or disapprove any arrangements to lease or make parking spaces available to other uses, and verification of the necessary actions required to limit the seating capacity to the number of seats that remain available for the use by the restaurant will be required. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The project consists of a minor change in the operation pf an existing restaurant. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Off -Site parking Agreement No. 2005 -004, subject to the Conditions set forth in Exhibit A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS , DAY OF 2005. AYES: NOES: go Michael Toerge, Chairman BY: Barry Eaton, Secretary City of Newport Beach Planning Commission Resolution No. _ Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL OFF -SITE PARKING AGREEMENT NO. 2005 -004 The development shall be in substantial conformance with the approved off -site parking lot plan stamped with the date of this meeting. 2. Off -Site Parking Agreement No. 2005 -004 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. The final off -site parking agreement between the City and the applicant shall be approved by the City Attorney's office and shall be recorded on both properties (3010 Lafayette Avenue and 520 315` Street). The applicant shall provide proof of recordation of the off -site parking agreement prior to leasing any spaces which may be available for other uses. 4. Changes or alterations to the location and type of parking spaces located on 520 3151 Street may only be authorized by the Planning Director. Said changes shall meet all applicable Municipal Code requirements and applicable Public Works Department design standards. 5. The off -site parking lot shall be repaved and striped to provide the 45 spaces as proposed and approved in conformance with the approved off -site parking lot plan. 6. The driveway access to the off -site parking lot from the alley shall remain open at all times. 7. Parking spaces 30 and 41, as shown on the approved plan, shall be a minimum depth of 17 feet. The existing electrical box may need to be relocated to accommodate the required depth. 8. Storage of any kind shall be prohibited on the off -site parking lot. 9. Restaurant employees shall park within the on -site parking lot located at 3010 Lafayette Avenue or within the off -site parking lot located at 520 31st Street, and shall be prohibited from parking on the streets. 10. Restaurant patrons shall be parked within the on -site parking lot located at 3010 Lafayette Avenue or within the off -site parking lot located at 520 31St Street, and shall be prohibited from being parked on the streets. 11.All parking spaces shall conform to City standards and all parking spaces abutting a property line or a structure shall be provided with wheel stops. �3 City of Newport Beach Planning Commission Resolution No. _ Paoe 4 of 4 12. The City shall review, and approve or disapprove, any arrangements to lease or make parking spaces available to other uses and the Owner shall provide verification of the necessary actions required to limit the seating capacity to the number of seats that remain available for the use by the restaurant. Seating capacity shall be reduced by 3 seats for every 1 parking space being made available to other uses. 13. Upon determination by the City that certain spaces are available to other uses, said spaces shall be marked and signed "Reserved" for the use intending to use or lease the spaces. 14. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 15.The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 34 Findings for Denial Use Permit No. 2005 -0042 Off -Site parking Agreement No. 2005 -003 (PA 2005 -185) The granting of a Use Permit to exceed the base floor area allocation and the granting of an Off - Street Parking Agreement will be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood for the following reasons: a) The off -site parking lot is not located as to be useful in connection with the proposed use. b) The Parking License agreement between the applicant and The Cannery Restaurant does not provide for leasehold interest of a duration adequate to serve the proposed office use. c) The site is not of sufficient size to support the level of level and intensity of the proposed project, as is evident by its inability to provide the parking needs of the project on -site. 30 EXHIBIT 4 Parking License: The Cannery Restaurant and Rivera Magazine 51 y. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 32 "d Street Investors, L.P. c/o James E. McCormick III, Esq. Allen Matkins Leck Gamble & Mallory LLP 1900 Main Street, 5h Floor Irvine, CA 92614 SPACE ABOVE THIS LINE FOR RECORDER'S USE PARKING LICENSE THIS PARKING LICENSE (this "License') is made and entered into as of October 5, 2005, by and between 32 "d Street Investors, L.P., a California limited partnership ( "Licensee'), and Cannery, LLC, a California limited liability company ( "Licensor'). A. Licensee is the current owner of all of the units of a condominium project located at 424 32nd Street, Newport Beach, California 92663 ( "Project "). B. Licensor is the owner of a parcel of land consisting of approximately .284 acres located at the southwest comer of Lafeyette Avenue and 31'` Street in Newport Beach, California 92663, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Parking Lot'). The Parking Lot is, has been and will continue to be used by Licensor as the overflow and valet parking lot for The Cannery Restaurant. C. Licensor and Licensee are entering into this License pursuant to which Licensor will provide Licensee the right and license to use ten (10) parking spaces (the "Parking Spaces') in the Parking Lot for use by and on behalf of Unit C of the Project, all upon the terms and subject to the conditions set forth in this License. D. It is the intention of the parties hereto that this License complies with the . requirements of Title 20, Chapter 66 of the City of Newport Beach Municipal Code, including, without limitation, Section 20.66.080 thereof. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. License. Licensor hereby grants to Licensee a license for the Parking Spaces on the terms and subject to the conditions set forth in this License. Licensor shall have the right, upon prior written notice to Licensee, to locate and/or relocate any Parking Space to another parking space in the Parking Lot, and all terms hereof shall apply to the new parking space with equal force. 2. Term. This License shall be for a term of ten (10) years (the "Term "), commencing on the date on the later of the date of this License or the date of the recording of the 745055.01/OC M6003- 001 / 10 -4 -05f emf = Condominium Plan for the Project (the "Commencement Date ") and expiring on the day immediately preceding the tenth (10th) anniversary of the Commencement Date (the "Expiration Date "), unless terminated earlier in accordance with the provisions of this License. Notwithstanding the foregoing, Licensee shall have the right to terminate this License at any time by giving Licensor at least ninety (90) days' prior notice of termination, in which event this License shall terminate on the later of (i) the date which is ninety (90) days after such termination notice is given to Licensor, or (ii) the date set forth as the termination date in Licensee's termination notice. 3. Parking Fee. During the Term, Licensee shall pay Licensor the sum of $50.00 per Parking Space per month (the "Parking Fee"), which shall be due and payable monthly, in advance, on the first day of each calendar month during the Term, without notice or demand. Licensee shall pay the Parking Fee, without any deduction or offset, in lawful money of the United States to Licensor at Licensor's address for notices as provided below or to such other person or place as Licensor may designate from time to time in writing. If the Commencement Date occurs on a day other than the first day of a calendar month or if the Expiration Date of this License occurs on a day other than the last day of a calendar month, the Parking Fee for such partial calendar month shall be prorated on the basis of the actual number of days in such month. 4. Use of the Parking Space. Licensee shall have access to and the right and license to use the Parking Spaces from 8:00 a.m. to 5:30 p.m. on Mondays through Friday during the Term. The Parking Lot will be used by Licensee in conjunction with Licensor. 5. Parkin Rules. Licensee agrees to comply with the Parking Rules attached hereto as Exhibit A, which Parking Rules are subject to reasonable modifications and additions as may be made by Licensor at any time by written notice to Licensee. Licensee shall comply at all times with all applicable laws respecting the use of the Parking Spaces and the Parking Lot. 6. Maintenance and Operation of Parking Lot. During the Term, Licensor shall maintain the Parking Lot in good condition. Licensor reserves the right to change the configuration, design, layout and all other aspects of the Parking Lot, including the location of the Parking Spaces, at any time so long as such changes do not reduce the number of Parking Spaces provided to Licensee pursuant to this License. 7. Condemnation. If the Parking Spaces or any portion thereof are taken under the power of eminent domain, or sold by Licensor under the threat of the exercise of such power, this License shall terminate as of the date the condemning authority takes title or possession, whichever occurs first. Licensee shall be entitled to any award for the taking of all or any part of the Parking Spaces under the power of eminent domain made as compensation for diminution of value of Licensee's interest hereunder, and Licensor shall be entitled to all other awards in connection with such taking, subject to any mortgage or deed of trust now or in the future recorded against the Parking Lot. 8. Release of Liability: Indemnity. To the extent allowed by law, Licensor, its officers, directors. shareholders, members, managers, partners, affiliates, employees, contractors and agents (collectively "Licensor Parties', shall not be liable for, and Licensee hereby waives all claims against the Licensor Parties for, loss or theft of property from the Parking Lot or damage 745055.01/OC M6003 401 /10- 4- 05 /jem/jem -2- -bv to any property or injury, illness or death of any person in, upon or about the Parking Lot arising at any time and from any cause whatsoever. Licensee shall indemnify, defend, protect and hold harmless the Licensor Parties from and against any and all claims, losses, costs, damages, expenses and liabilities (including, without limitation, attorneys' fees and costs) incurred in connection with or arising from any cause in, on or about the Parking Lot and/or the use and occupancy of or activities in the Parking Lot by Licensee and Licensee's agents, employees, invitees, assignees and/or subtenants; but excluding any of the foregoing which are caused by the gross negligence or willful misconduct of any of the Licensor Parties. The provisions of this Section shall survive the expiration or sooner termination of this License. 9. Insurance. Licensee shall, at all times during the Term, at its own cost and expense, procure and maintain in force bodily injury liability and property damage liability insurance adequate to protect Licensee and naming Licensor as an additional insured against liability for injury or death of any person in connection with the use, operation or condition of the Parking Lot by Licensee or its agents, employees, invitees, assignees and/or subtenants. Such insurance shall include an endorsement covering Licensee's indemnity and other obligations in Section 8 above, and shall at all times be in an amount of not less than $1,000,000.00 combined single limit for bodily injury and property damage. 10. Assianment. Licensee may assign, convey or otherwise transfer its rights under this License to the owner, tenant or subtenant of Unit C of the Project without the prior notice to or consent of Licensor, and, upon such assignment, conveyance or other transfer, all obligations of Licensee hereunder are delegated and transferred to such assignee. Licensee shall have not have the right to assign, convey or otherwise transfer all or any portion of its rights under this License, except that Licensee shall have the right to assign all of its right, title and interest in this License to any successor owner of the Property who acquires all of Licensee's right, title and interest in and to Unit C of the Project, provided that (i) Licensee is not in default hereunder at the time of such assignment and (ii) Licensee delivers reasonable advance written notice to Licensor of such assignment. If (i) Licensor properly assigns its right, title and interest in this License to a successor owner of Unit C of the Project, (ii) such transferee assumes in writing, without condition or qualification, all of the liabilities and obligations of Licensee under this License arising from and after the date of such transfer, and (iii) a fully- executed copy of such assignment and assumption document is provided to Licensor, then Licensee shall be released from all obligations and liabilities imposed on Licensee under this License that arise from and after the date of such transfer. 11. Option to Extend. Licensor hereby grants to Licensee the option (the "Extension Option ") to extend the Term of this License for one (1) additional period of ten (10) years (the "Option Term "), on the same terms, covenants and conditions as provided for in this License during the initial Term. 12. Miscellaneous. (a) No Brokers. Licensee represents and warrants to Licensor that Licensee has not dealt with any broker, real estate sales person, or finder in connection with this License, and Licensee shall indemnify, defend and hold Licensor harmless from and against all claims, 745055.0110C M6003- 001 1104- 05 /jen✓jem -3- R demands, liabilities,- judgments and expenses arising out of any amounts claimed to be owing to any such persons on account of the conduct or agreement of Licensee. (b) Notices. All notices, demands, statements or communications (collectively, "Notices ") given or required to be given by either party to the other hereunder shall be in writing, shall be sent by United States certified or registered mail, postage prepaid, return receipt requested, or delivered personally (i) to Licensee at 424 31" Street, Unit C, Newport Beach, California 92663, or to such other place as Licensee may from time to time designate in a Notice to Licensor; or (ii) to Licensor at The Cannery Restaurant, 3010 Lafayette Road, Newport Beach, California 92663, or to such other place as Licensor may from time to time designate in a Notice to Licensee. (c) Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California. (d) Successors and Assigns. Except as otherwise provided in this License, all of the covenants, conditions and provisions of this License shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. (e) Invalidity. If any provision of this License or the application thereof to any person or circumstances shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this License and the application of that provision to other persons or circumstances shall not be affected but rather shall be enforced to the extent permitted by law. (i) Time of Essence. Time is of the essence with respect to the performance of each provision of this License. (g) Entire Agreement; Amendment. This License contains the entire agreement and understanding of the parties hereto with respect to the subject matter hereof. Neither party is relying on any representations, warranties, promises or statements, except those that are expressly set forth in this License. All prior agreements and understandings, whether written or oral; between the parties hereto have merged into this License. No amendment to this License, or to any of the provisions hereof, shall be effeoNve unless such amendment is contained in a writing signed by both Licensor and Licensee. 745055.01/OC M6003 -001 110- 4- 051i.Wi m -d- Y;L- IN WITNESS WHEREOF, the parties hereto have executed this License as of the date first set forth above. LICENSEE: 32nd STREET INVESTORS, L.P. a California limited partnership By: McMonigle sidential Group, Inc., a California rporan, W General Partner By: 1i{ • ■n. John IA. McMonigle, LICENSOR: CANNERY, a Calif By: 4 745055M10C M6003-001110-4- 051lemj. S -5 A EXHIBIT A PARKING RULES i. Cars must be parked entirely within the stall lines painted on the floor. 2. All directional signs and arrows must be observed. 3. Parking is prohibited in all areas not expressly designated for parking, including without limitation: areas not striped for parking, aisles, areas where "no parking" signs are posted, ramps, and loading zones. 4. Parking stickers, key cards or any other devices or forms of identification or entry supplied by Licensor shall remain the property of Licensor. Such device must be displayed as requested and may not be mutilated in any manner. The serial number of the parking identification device may not be obliterated. Licensee shall promptly return all such devices upon the expiration or earlier termination of the License. Rules, 5. Parking Lot attendants are not authorized to make or allow any exceptions to these 6. Every person using the Parking Lot will be required to park and lock his/her own car. 7. Loss or theft of parking pass, identification, key cards or other such devices must be reported to Licensor immediately. Any parking devices reported lost or stolen found on any unauthorized car will be confiscated and the illegal holder will be subject to prosecution. Lost or stolen passes and devices found by Licensee must be reported to Licensor immediately. 8. Every person using the Parking Lot shall be solely responsible for damages to property and injury to person caused by such person. 9. Licensor shall not be responsible for any damage to property located in the Parking Lot, including, without limitation, any vehicle located in or using the Parking Lot pursuant to the License, or injury to or death of any such person using the Parking Lot. to. Every person using the Parking Lot will be required to comply with the terms and conditions of all signs posted within the Parking Lot. 745055.0110C N%003- 0011104- 05lem /J m S -6 r yl EXHIBIT 5 Off -Site Parking Lot Plan (520 31St Street) 45 Existing landscape Remove existing landscape W W ad H h F N aG LL aC H Existing landscape Existing drive -- --- - -` Conceptual Parki ling nce Total: 45 valet parking spaces September 30, 2005 Scale: V =20' . Ai EXHIBIT 6 Kimley -Hom and Associates Parking Study Al Kimley -Horn ❑� and Associates, Inc. October 3, 2005 Mr. Jim Campbell Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Parking Agreement between Monarch Estates and The Cannery Restaurant Dear Mr. Campbell: Suite 149 2199 W. Orangewood Avenue orange, California 92868 This letter report has been prepared to address a proposed parking agreement between Monarch Estates and The Cannery Restaurant for use of 10 spaces in The Cannery employee / valet parking lot during the typical weekday business hours of 8:00 AM to 5:00 PM. BACKGROUND Monarch Estates proposes to sell a 3,000 - square -foot residential condominium unit at 424 32nd Street to the Riviera Magazine enterprise, for use as office space. The unit will provide two parking spaces on site. Per City of Newport Beach parking code for office use (4 spaces per thousand square feet), conversion of the unit to office use will require a total of 12 parking spaces. Monarch Estates intends to enter into a parking agreement with The Cannery Restaurant for use of 10 spaces in the restaurant's employee / valet parking lot at the southwest corner of the intersection of 31' Street and Lafayette Avenue during the typical weekday business hours of 8:00 AM to 5:00 PM. A vicinity map depicting the location of the restaurant, the employee parking lot, and the office unit is provided on Figure 1. The City of Newport Beach Planning Department has required that Monarch Estates submit a parking study to evaluate this proposed parking arrangement. The parking lot is currently used by The Cannery Restaurant for employee parking, and for overflow valet parking. A sign at the entrance on 31" Street indicates that the lot is for Cannery Restaurant employees only. No other parking control measures are currently in place. The capacity of the lot is currently undefined, because the striping delineating the parking stalls has faded. Monarch Estates plans to repave and re-stripe the lot with 45 parking stalls, including tandem stalls, as shown on the conceptual parking layout provided on Figure 2. TEL 714 939 1030 FAX 714 939 9488 5, Kimley -Horn and Associates, Inc. ANALYSIS Mr. Jim Campbell, October 3, 2005, Page 2 A focused parking study has been conducted to document that there will be 10 spaces available in the Cannery employee / valet lot during the weekday business hours for the Riviera Magazine use. Kimley -Horn collected parking utilization counts and conducted observations in the subject parking lot on a typical weekday and a Friday from 8:00 AM to 5:00 PM. The results of the parking counts are summarized on Table 1. As review of Table 1 shows, the restaurant's daytime use of the parking lot peaked at 24 vehicles between 3:00 and 4:00 PM on Friday afternoon. FINDINGS AND RECOMMENDATIONS Monarch Estates plans to re- stripe the Cannery employee lot to provide 45 parking spaces. Based on the focused study conducted here, we find that 45 spaces will be more than sufficient to serve the daytime employee and valet needs of the restaurant (observed to peak at 24 spaces), and to provide 10 off -site parking spaces for the Riviera Magazine office use, as well. The proposed parking agreement between Monarch Estates and The Cannery Restaurant will provide the off-site parking needed for the Riviera Magazine, and will not adversely impact parking for the restaurant. It is recommended that the ten parking spaces at the southwest comer of the lot (numbered 30 through 34 and 41 through 45 on the conceptual parking layout) be marked as reserved for Riviera. Please feel free to contact me if you have any questions or if you need additional information. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. Serine Ciandella, AICP Vice President. 5 a" n; q, r 69SfOdp StUC ry': W Q N z a Q T W Z) 2 �U lL 5 a 0 a W a V C d O V W c 0 ( 0 NOT TO SCALE Existing landscape - Remove existing landscape - T W H N F N eL F Existing landscape Existing drive approach — 1 4 I 0 16 12 Is R1 14 R landscape — Remove existing landscape sting sign fixture I Q 2.-V 'sting post and chain fence -'---Existing Ielectrical box fisting light pole I I Existing building , 1--Existing choinlink fence FIGURE 2 W. CONCEPTUAL PARKING LAYOUT 0�0 Kimley -Mwn and Associates. Inc. �a TABLE 1 SUMMARY OF PARKING DATA COLLECTION' Time Thursday Friday 8 -9AM 4 5 9 -10 AM 7 7 10 -11 AM 11 13 11 - 12 Noon 15 15 12 -11 PM 17 18 1 - 2 PM 19 19 2 - 3 PM 23 20 3 -4 PM 16 24 4 -5 PM 14 22 ' Parking data was collected in the Cannery Restaurant employee and valet lot on the southwest corner of 31st Street and Lafayette Avenue, where Riviera Magazine will be allowed to use 10 parking spaces on weekdays from 8:00 AM to 5:00 PM. EXHIBIT 7 The Cannery's Existing Off -Site Parking Agreement 6� "rT BEACH, CAMP. r 92660 JAN 251974 _ ..' . - �--, I J. WYLIE CWYLE, County Recorder . AMENDED OFF -SITE PARKING AGREEMENT THIS AGREEMENT, made and entered into this 17 day of 624( ()4 K y 1974, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter sometimes referred to as "CITY "), and WESTERN CANNERS COMPANY, LIMITED (hereinafter sometimes referred to as "OWNER "). RECITALS 1. Western Canners Company, Limited, is the owner of both of those certain parcels of real property located in the City of Newport Beach, hereinafter referred to as Parcel A and Parcel B: PARCEL A Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, County of Orange, State of Cal- ifornia, as per map recorded in Book 5, Page 14, of Miscellaneous Maps, recorded in the office of the County Recorder of said County, together with that portion of 31st Street, as shown on said map of Lancaster`s Addition to Newport Beach, as abandoned by resolution of the City Council of the City of Newport Beach, a copy of which was recorded July 8, 1955, in Book 3131, Page 557, of Official Records of said County of Orange, more commonly known as 3010 Lafayette Avenue, Newport Beach. PARCEL B Lots 11 through 14, Block 430, Lancaster's Addition to Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14, of Miscel- laneous Maps, recorded in the office of the County Recorder of said County, except that portion of Lot 11 described as follows: Beginning at a point on the northerly line of said lot, westerly 29.45 feet from the northeast corner of said lot; thence easterly 29.45 feet to said � northeast corner; thence southerly 29.45 feet along the easterly line of said lot; thence northerly and westerly 38.97 feet along a curve concave southwesterly, pU„ )Y p,, )C-&l having a radius of 20 feet, to the point of beginning, -1- �1 more commonly known as 500 31st Street. Said parcels;:- : are. bhown on the attached Location Map, designated Exhibit "A ", and made a part hereof by this reference. 2. At the meeting of the Planning Commission of the City of Newport Beach held on April 29, 1971, a Use Permit allowing a restaurant operation was approved on condition that the City Council approve an off -site parking agreement prior to the issuance of a building permit for the restaurant. 3. On October 24, 1972, an off -site parking agreement was entered into by and between Owner and City. On May 31, 1973, an amended off -site parking agreement was entered into by and between the parties. Owner now proposes to make further modi- fications to the capacity of the restaurant and to the layout of the off -site parking lot. These modifications necessitate that another amended off -site parking agreement be entered into by and between the parties. 4. Owner now proposes to operate a restaurant on said Parcel A, with a total seating capacity of 278 seats. 5. The Newport Beach Municipal Code will require a total of 93 off - street parking spaces to be provided to accom- modate a seating capacity of 278 persons. 6. A total of 48 off - street parking spaces will be provided on Parcel A. 7. Section 20.38.040 of the Newport Beach Municipal Code provides for off - street parking on a separate lot, provided certain conditions are satisfied. 8. owner will improve Parcel B as shown on the attached .diagram marked "Exhibit B" and made a part hereof by this ref- erence, to provide a total of 45 off - street parking spaces for the use and benefit of the restaurant on Parcel A. Parcel B is located directly across Lafayette Avenue from the northerly portion of Parcel A. , -2- NOW, THEREFORE, in consideration of the approval by City of owner's use of the property at 3010 Lafayette Avenue, Newport Beach, as a restaurant, and in consideration of approval of the use of Parcel B described hereinabove for off -site park- ing for said restaurant pursuant to.Section 20,38.040 of the Newport Beach Municipal Code, the parties hereto agree as follows: A, For so long as the building located on the property at 3010 Lafayette Avenue, Newport Beach, is occupied by the proposed restaurant, 45 off - street parking spaces will be pro- vided on the lot located at the southeast corner of Lafayette Avenue and 31st Street, described as Parcel B hereinabove, for the exclusive use of the customers and business invitees of the restaurant. B. Owner shall restripe the off -site parking lot and relocate wheel stops in accordance with the parking plan which is attached hereto as Exhibit "B ". The off -site parking lot shall be landscaped and maintained in accordance with a plan which is to be reviewed and approved by City's Director of Parks, Beaches and Recreation, owner shall be responsible for all costs resulting from any changes in curb, gutter and drive approaches on Lafayette Avenue, 31st Street and the alley between 30th and 31st Streets which are necessitated by the revision of the parking plan on the off -site parking lot, C, ?1'his�iagreemAnt;'shall run 'with the real. property described a$ Parcel „A.,h.*einabovs, and shall bind the he e parties tiereto,..:and it sblitl et recorded in the office of the County Recorder of orange County. D. This agreement shall supersede the terms and conditions of that amended off -site parking agreement entered into by and between the parties hereto, dated May 31, 1973. 1-11 11-� -3- IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. WESTERN CANNERS COMPANY, LIMITED By Walter.BUrgess STATE OF CALIFORNIA } ) as COUNTY OF ORANGE ) On December 19, 1973 before me, the undersigned, a Notary Pub i.c In and for sal State, personally appeared Walter Burgess known to me to be the person whose name i"s - subscribed o the within instrument and acknowledged that he ... executed the same, WITNESS my hand and official seal. Notary gublic in and for said `�gS.TUr✓ •'r> c, -- ,: County nd State CITY OF NEWPORT BEACH, JPROVED AS O -EQRM :�p Ass stant C ty Attorney STATE OF CALIFORNIA -4- �jb } sa COUNTY OF ORANGE ) On before me, the undersigned, a Notary Pub n ai n� or sai State, personally appeared DONALD A. MCI S, known to me to be the Mayor, and LAURA LAGIOS, known to me to be the City Clerk of the municipal corporation that -4- �jb ;er) 1063PO 13 executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the municipal corporation herein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a - re®olution of its City Council. WITNESS -my hand and official seal. �r :T L. L. PALEN Notar�li in and for said I y. M; :;; f LIC^.B.IFORNIA, County and State 7. 19711 _t: DEM : ep 12/4/73 i `- �3�j'9 Ile i4 v / 4p c • !� � o ..tn i� ' ���..-; � \� .a �; /eta '.� '.,_',�� '•' i..-1' '.J�� // a' g' ej �S' �, �� /�/ �:: 'u •�:. a��', ���� IFS' -�i `_ •� • %/ _" �` � '' `� a .par ai F Zl y. r, 151 .s 1`• o �S . •.. _" >' � `d U, i`- �:; to C^ ,i $ X H I B IT " B" �ma►.y,� i tj/5 EXHIBIT 8 Existing Floor Plans (424 32nd Street) 1 i I 1 I I I 1 ' I I I I i I I I I I I I I I 1 I I I I I I L I 1 I I I I I I I I I I ; I ZZZ- » >o i Z W r Z C Z � C a I O. I I LL I t I I LL I � II 6 E F J. a O b O all e °c0 5nF AJO n to E .E a v L. Z C n C! Iq n `el Vl I ;I ;I I 1 I t I I I I I I .I I ;I I I I I 1 i I 1 I I I 1 ' I I I I i I I I I I I I I I 1 I I I I I I L I 1 I I I I I I I I I I ; I ZZZ- » >o i Z W r Z C Z � C a I O. I I LL I t I I LL I � II 6 E F J. a O b O all e °c0 5nF AJO n to E .E a v L. Z C n C! Iq n `el Vl C a a O 0 v c m VJ Q N Q In C 0 a 8 W 'O L r P .4 La u° d ' � S m h 79 3 a i G N Cif ? � o � �4 w o� W OC U Z � N• k` Q F Z W 0 � � N N Z a - _ Z -- W - W � K p • P QN C _Z C 0 a 8 W 'O L r P .4 La u° d ' � S m h 79 3 a i G N Cif ? � o � �4 EXHIBIT 9 Proposed Floor Plans (424 32nd Street) �k A 0 m E E 0 V C m d t N C N m 'IT N. Q s 0 a n 3 m Z c u �3 e G � 6 8 � O O `o O � 95 '�O p O NS V m O E e _ u d ' m o � m � m h o n 3 a z c cv M 4 S v r cv M 5 N M ,�A 4 C 6 d 0 Y.. 1 U e m Z 0 r u a N N d v = LL N 0 t ! 4! I k: vN' Q W z Y:- o a 0 Q F 7 C 6 d 0 Y.. 1 U e m Z 0 r u a N N o a � L d `s 0 IL y 'O o O 0 d N d d L H C N M V N 0 t z Z a 0 5 /lip R R 0 O 0 0 C Q O 4 d O Q IE m m N a c N M It N Q F� N P .P u° °o t z 0 M °m r n 4 O W 't LL Q N V f M HI xC z W 0 W Q a F. .fmz„itii ,? r.y R R 0 O 0 0 C Q O 4 d O Q IE m m N a c N M It N Q F� N P .P u° °o t z 0 M °m r n 4 O