HomeMy WebLinkAboutC-1757 - Off-Street Parking Agreementz
City CouncloMeeteing August 25, 1975
Agenda Item No.
BY CITY OF NEWPORT BEACH4�
August 21, 1975
TO: City Council
FROM: Department of Community Development
SUBJECT: Request for an Off -site Parkinq and Common
lea
C_ M-7
tgress ana Uriyeway Agreement in conjunction with
the Development of a New Restaurant.
LOCATION: Portions of Lot H, Tract 919, located on the
southerly side of West Coast Highway at the
intersection of Riverside Drive.
ZONE: C -O -Z
APPLICANT: Ancient Mariner -Rusty Pelican, Inc., Irvine
Application
This application requests approval of an off -site parking and common
ingress, egress and driveway agreement in conjunction with the develop-
ment of Rebecca's Sporting House and Saloon. In accordance with
Section 20.38.040 of the Newport Beach Municipal Code, the Planning
Commission shall not recommend and the City Council shall not approve
off - street parking on a separate lot from the building site or sites
unless:
(a) Such lot is so located as to be useful in connection with
the proposed use or uses on the building site or sites.
(b) Parking on such lot will not create undue traffic hazards
in the surrounding area.
(c) Such lot and the building site are in the same ownership,
or the owners of the building sites have a common owner-
ship in such lot, and the owner or owners are entitled
to the immediate possession and use thereof (ownership
of the off -site lot must be ownership in fee or a lease-
hold interest of a duration adequate to serve all proposed
uses on the building site or sites).
(d) The owner or owners and the City, upon the approval of
the City Council, execute a written instrument or instru-
ments, approved as to form and content by the City Attorney,
providing for the maintenance of the required off - street
parking on such lot for the duration of the proposed use
or uses on the building site or sites. Should a change in
use or additional use be proposed, the off - street parking
regulations applicable at the time shall apply. Such
instruments shall be recorded in the office of the County
Recorder and copies thereof filed with the Department of
Community Development.
Planning Commission Recommendation
At its meeting of August 7, 1975, the Planning Commission voted unani-
mously to approve Use Permit No. 1760 and Variance No. 1049 which will
permit the construction of a restaurant with on -sale alcoholic bever-
ages and live entertainment where portions of the proposed structure
exceed the maximum height limit. In addition, the proposal includes
a modification from the parking standards so as to permit compact
parking spaces and a request to provide a portion of the required
parking off site in a lot which is designed to accommodate the common
needs of not only the new restaurant, but the Rusty Pelican Restaurant
and the adjoining Balboa Marina. An excerpt from the minutes of the
Planning Commission meeting is attached.
TO: City council - 2.
Analysis
In conjunction with the development of the proposed restaurant, the
owners and lessees of Rebecca's, the Rusty Pelican, and the Balboa
Marina are proposing to develop a common parking lot which will ac-
commodate one hundred and sixty -five (165) parking spaces (including
thirty (30) spaces or thirteen percent, which would be for compact
cars). The lot will have three driveways onto the Coast Highway and
will have an interior circulation system which will allow movement on
the lot without having to egress onto the highway. In order to make
the most efficient and best use of the lot for parking and landscaping,
the parking spaces overlap the existing common property lines between
the three uses. A site plan showing the design of parking lot will be
available at the time of the City Council meeting.
Rebecca's Sporting House and Saloon, as approved by the Planning Commis-
sion, will be required to provide a minimum of one parking space for
each 40 sq.ft. of net public area during daytime hours and one space
for each 35 sq.ft. of net public area in the evening when live enter-
tainment is being used. Translated into actual figures, this is a
requirement for 88 parking spaces during the day and 101 spaces in
the evening.
In addition to the proposed use, the Rusty Pelican has an existing
requirement for 53 spaces and the Balboa Marina has a requirement for
23 spaces. When combined, the three uses have a daytime requirement
of 164 spaces and an evening requirement of 154 spaces when the Balboa
Marina is closed. Therefore the proposed lot will provide one space
in excess of daytime requirements and eleven spaces in excess of
evening requirements.
Inasmuch as only sixty -one of the parking spaces for Rebecca's are
actually located on site, an agreement will be needed to secure the
use of the additional seventeen spaces (daytime) and forty spaces
(evening) required for the new restaurant use.
Suggested Action
If desired, approve the off -site common parking lot arrangement,
subject to the findings suggested by the Planning Commission,and
adopt a resolution authorizing the execution of an off -.site parking
and common ingress, egress and driveway agreement between the City
of Newport Beach and the owners and lessees of Rebecca's Sporting House
and Saloon, The Rusty Pelican and the Balboa Marina.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN,�DDirector
BY Q- #lu
0 A ES D. HEWICKER
As 'stant Director - Planning
RVH /JDH /kk
Attachments for Council Only:
Vicinity Map
Excerpt from Planning Commission Minutes of 8/7/75 meeting.
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DISTRICTING
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AGRICULTURAL RESIDENTIAL
R-1 MULTIPLE RESIDENTIAL
SINGLE FAMILY RESIDENTIAL
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DUPLE% RESIDENTIAL
C —E GENERAL COMMERCIAL
REST)m MULTIPLE PIMPLY RmxNTIAL M I MANUFACTURING
COMBINING DISTRICTS UNCLASSIFIED
'PRO.. NO. ISS
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COMMISSIONERS
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0 CITY OF NEWPORT WACH
MINUTES
August 7, 1975
Avocado Avenue improvements at such time
that it is determined that the extension of
ado Avenue northeasterly of East Coast
Highwa ld be constructed.
Commissioner Hazewinkel returned to the
Items No. 8 and No. 9 were heard concurrently
because of their relationship, however, separate,
action was taken on each.
Request to permit the construction of a restaurant
facility with on -sale alcoholic beverages and live
entertainment where portions of the proposed
structure exceed the basic height limit within the
26/35 Foot Height Limitation District, and the
acceptance of an environmental document. The
proposal also includes a modification from the
required parking standards so as to allow compact
parking spaces and a request for an offsite park-
ing agreement for a portion of the required park-
ing spaces.
Location:
Portion
of Lot H, Tract 919,
located
at 2827 West
Coast Highway
on the southerly
side
of West Coast
Highway,
westerly of
Riverside
Avenue,
on Mariner's
Mile.
Zone:
C -O -Z
Applicant:
Ancient
Mariner -Rusty
Pelican, Inc.
Irvine
Owner:
American
Marine, Ltd.,
Newport
Beach
Request to permit a portion of a proposed restau-
rant facility to exceed the maximum height limit
within the 26/35 Foot Height Limitation District.
Page 17.
(Item #8
USE
PERMIT
T76-0
APPROVED.
CHAD -
'f -I IUFLLLY
Item #9
VARIANCE'
N0.1049
PROVE[
'T
COMMISSIONERS CITY OF NEWPORT #ACH
(1 T
MINUTES
_... Auaust 7_ 1975
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INDEX
Location: Portion of Lot H, Tract 919,
located at 2827 West Coast Highway,
on the southerly side of West Coast
Highway, westerly of Riverside
Avenue, on Mariner's Mile.
Zone: C -O -Z
Applicant: Ancient Mariner -Rusty Pelican, Inc.
Irvine
—
Owner: American Marine, Ltd., Newport
Beach
In connection with the request to exceed the
height limit as requested by the variance,
Community Development Director Hogan advised that
the staff could find no justification for the
excessive height as required by the Municipal
Code and therefore recommended denial.
Planning Commission questioned and discussed the
access points to the proposed restaurant, number
of trips per day which would be generated by the
restaurant, compact car spaces, valet parking, and
formula used to compute the required parking.
Public hearings were opened in connection with
these two requests.
Pete Siracusa, President of Ancient Mariner -Rusty
Pelican, Inc., appeared before the Commission and
presented a model of the restaurant which he
thoroughly reviewed. He also gave a slide pre-
sentation on the proposed restaurant. He stated
that the restaurant was designed in the fashion of
an old Victorian house and reviewed both the
exterior and interior plans. He advised that the
variance was-necessary to allow one of the towers
containing a pole on top to exceed the maximum
height limit about 4 feet on approximately 3% of
the total roof space and if the variance were
denied, this architectural feature of the Victoria
style would be destroyed. He answered questions
of the Commission relative to the type of con -
struction, pilings, building to be removed,
circulation through the parking lot, and stated
that the only signing for the restaurant would be
a small brass plate on the door with the inscrip-
tion "Rebecca's Sporting House and Saloon - Ladies
Welcome."
Page 18.
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COMMISSIONERS CITY OF NEWPORT *ACH
MINUTES
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m August 7, 1975
Motion
All Ayes
Community Development Director Hogan advised of
staff's recommendation to add "that cross - easement
shall be filed between the properties to allow fre
access to parking" to Condition No. 15 in order to
assure that free access and circulation would be
maintained in the parking lot.
Planning Commission discussed the use of the
parking lot by others in the area.
As to the request for a variance, Commissioner
Parker stated he felt that the proposed structure
was an exceptional and extraordinary building and
met the physical requirements for a variance
because of the design and could not see how it
would adversely affect the health or safety of
persons in the neighborhood or be detrimental to
the public welfare.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion was made that Planning Commission make the
following findings in connection with the project
as a whole as well as that of compliance with the
criteria for the granting of a use permit for a
structure in excess of the basic height limit:
The proposed development will result in more
public open space since a thirty -five foot
wide "view corridor" is being provided along
the easterly side property line from West
Coast Highway to Newport Bay. In addition
to the proposed "view corridor," the plot plan
also indicates a four foot - eight foot wide
public, wooden boardwalk along the bayfront.
2. The proposed steep Victorian roof construction
will result in a more desirable architectural
treatment of the building and a stronger and
more appealing visual character of the area
than is required by the basic height limit.
3. The increased building height of the proposed
development will not result in undesirable or
abrupt scale relationships between the struc-
ture and the existing two -story buildings on
adjacent property along Newport Bay.
4. The structure will have much less floor area
than could have been achieved without the use
permit. A gross floor area of 6,447 sq. ft.
Page 19.
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POLL
COMMISSIONERS CITY OF NEWPORT 4@EACH
A m y eZi. D m f
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A
L August 7, 1975
is proposed with the new construction, where
the Ordinance permits approximately 85,000 sq.
ft. of floor area, based upon three times the
buildable area of the 28,326 sq. ft, lot as
permitted in the C -0 District.
that Planning Commission make the following find-
ings in connection with the applicant's request
for the use permit:
1. The proposed development is consistent with
the General Plan, and is compatible with
surrounding land uses.
2. Adequate off - street parking spaces are being
provided for the proposed development.
3. Adequate provisions for traffic circulation
are being made in the common parking lot.
4. The required off - street parking spaces for
Rebecca's Restaurant on separate lots from
the building site are justifiable for the
following reasons:
(a) The customer parking lot is directly
east of the property in question.
(b) The employee parking lot is under a long-
term lease with the applicant.
(c) The proposed development will.not create
undue traffic hazards in the surrounding
area.
5. The Police Department has indicated that they
do not contemplate any problems with the pro-
posed development.
6. The proposed background music in the second -
floor cocktail lounge will not be detrimental
to any surrounding land uses so long as the
music is confined to the interior of the
restaurant.
7. That the modification in the size of the park-
ing spaces and the use of compact spaces will
not, under the circumstances of the particular
case, be detrimental to the health, safety,
peace, comfort and general welfare of persons.
residing or working in the neighborhood of
such proposed use or be detrimental or injuri-
ous to property and improvements in the
Page 20.
COMMISSIONERS
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LL CALL
0 CITY OF NEWPORT SEACH
MINUTES
August 7, 1975
neighborhood or the general welfare of the
City, and further that the proposed modifica-
tion is consistent with the legislative intent
of Title 20 of this Code.
8. The increased building height will result in
more public visual open space and views than
is required by the basic height limit in the
district.
9. 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 than is required
by the basic height limit in the district.
10. The increased building height will not result
in undesirable or abrupt scale relationships
being created between the structure and exist-
ing developments or public spaces.
11. The structure will have no more floor area
than could have been achieved without the use
permit.
12. The approval of Use Permit No. 1760 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons resid-
ing and working in the neighborhood or be
detrimental or injurious to property and
improvements in the neighborhood or the
general welfare of the City.
13. The project will not have any significant
environmental impact.
that the Negative Declaration be accepted and that
Use Permit No. 1760 be approved, subject to the
following conditions:
1. That development shall be in substantial
conformance with the approved plot plan and
elevations, except as noted in Condition
No. 2.
2. That the ridge line of all of the roofs on t
proposed structure shall not exceed a height
of forty feet above grade.
3. That a minimum of one parking space /40 sq. ft.
of net public area shall be provided on site
or on the adjacent off -site parking area
Page 21.
COMMISSIONERS 0 CITY OF NEWPORT J#ACH
\ m`�\ ~�`➢1 �1 X11 MINUTES
August 7, 1975
1VI_ *:1
during daytime hours for the restaurant use,
and that a minimum of one parking space /35 sq.
ft. of "net public area" (i.e., 101 parking
spaces for the proposed development) shall be
provided during the evening hours on site or
in approved off -site locations when live
entertainment occurs in the restaurant. An
off -site parking agreement shall be required,
providing the additional required parking
spaces.
4. That the boat slips and side -tie berthing
spaces bayward of the restaurant site shall
be maintained as guest docks or as a boat sale
area. However, should the subject boat slips
convert to a commercial marina at a later
date, 0.75 parking spaces shall be provided
for each slip and /or each twenty -five feet of
side -tie berthing space on the subject
property or in an approved off -site parking
area.
5. That the live entertainment shall be confined
to the interior of the facility.
6. That there shall be no sound amplification
used outside of the structure.
7. That the wooden boardwalk adjacent to the
restaurant facility shall remain open and
accessible to the public at all times.
8. All Exterior lighting shall be approved by
the Department of Community Development..
9. That all mechanical equipment and trash areas
shall be screened from adjacent properties as
well as from West Coast Highway and from
Newport Bay.
10. That kitchen exhaust fans shall be designed
to control odors and smoke in accordance with
Rule 50 of the Air Pollution Control District.
In addition, the kitchen hood system shall
have an automatic fire protection system
installed.
11. That a washout area for trash containers
shall be provided in such a way as to allow
direct drainage into the sewer system and not
into the Bay or the storm drains.
Page 22.
COMMISSIONERS
i CITY Of NEWPORT 4EACH
MINUTES
August 7, 1975
12. That a landscape plan shall be submitted to
and approved by the Director of Parks,
Beaches and Recreation. Said landscaping
shall be implemented in accordance with the
approved plan and the landscaping shall be
permanently maintained.
13. That all signs shall be approved by the
Director of Community Development. Conven-
ience signs such as "entrance" or "exit"
shall have a maximum area of six square feet.
Said convenience signs and the proposed flag
poles shall not include the name or logo of
the restaurant use.
14. That the applicant shall adhere to those
conditions of approval placed on Harbor
Permit #129 -2827, as approved by the City
Council on June 23, 1975.
15. That the interior circulation system shall be
approved by the Traffic Engineer before
issuance of permits and that cross - easements
shall be filed between the properties to
allow free %access to parking.
16. That the drive approach widths shall be
approved by the Public Works Department.
17. That a fifteen foot wide easement along the
easterly side of the parcel be dedicated to
the City of Newport Beach for storm drain
purposes.
18. That all work within the West Coast Highway
right -of -way be in accordance with an approve
encroachment permit issued by the California
Department of Transportation.
19. That the applicant shall obtain a demolition
permit from the Department of Community
Development prior to the commencement of
demolition of any structure on the subject
property. Plans, including proposals for the
control of debris and protection of the
adjoining channel, shall be submitted to and
approved by the Director of Community
Development prior to the issuance of
demolition permits.
20. That the developer shall be instructed to
submit to the California Regional Water
Quality Control Board the specific water
Page 23.
COMMISSIONERS CITY OF NLWPORT OEACH
r A D
� � P V•
�u meet 7 1070
MINUTES
INUTA
quality control plan they intend to follow
to insure that there will be no pollution of
the Bay during demolition, grading and
construction.
21. That the parking lot shall be graded in such
a manner so as to drain into the City's
storm drain system.
Chairman Beckley voiced concern with the policies
relative to compact car spaces.
Motion
X
Motion was made to approve Variance No. 1049
Ayes
X
X
X
X
X
based on the findings that there are exceptional
Nces
X
or extraordinary circumstances applicable to the
property in that the property is one of particular
environmental significance because it is located
in an area which has been designated to encourage
public access and view corridors to the bay and
is an extremely expensive piece of property. One
of the functions of a variance is to encourage
architectural and site plan treatment to a given
property that will result in the maximum attain-
ment of the things which the City is trying to
encourage, i.e. public access and view corridors
to the bay, all of which are in line with the
General Plan. The applicant has provided this
extremely well and to a great degree on his own
initiative.
As to the reason why the variance is necessary to
preserve the property rights of the applicant,
the applicant has attempted to accommodate the
City and public by making the space available and
accessible to the bay and in order to do so on an
economically feasible basis, has provided a
modest floor plan which is far less than the allow-
able buildable area and has gone to an architec-
tural style which will compliment.the area and is
within the criteria of the proposed Specific Area
Plan. Also, the value of the property warrants
the granting of this extremely minor variance
which will not be detrimental to the public
welfare or injurious to other property or improve-
ments in the neighborhood.
Page 24.
RESOLUTION NO. 8 5 7 i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND ANCIENT
C;- MARINER -RUSTY PELICAN, INC.
By _A'7'(
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain off -site parking agreement
between the City of Newport Beach and Ancient Mariner -Rusty
Pelican, Inc.; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement, and found them to be fair and
equitable and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 25th day of August , 1975.
Mayor
ATTEST:
City Clerk
DDO /bc
8/21/75
0
October 22, 1975
Hugh Coffin, ke4stant City kttoraay
Off -Site parking Agate
1.
In order to complete the official files on the following agreements,
please advise the status as of now:
1. Elegant Noodle /Tiffany's need`the cancellation letter from
you. \,
2. Atlaa Hotels, Inc. - Bonnie said it was sent to Shan Diego
for signatures and was not returned to us.
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I
3. Rebecca's Restaurant - We have never received a copy of this
agreement, although it was authorized by a resolution.
Thank you.
Shirley Keller
suk