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HomeMy WebLinkAboutC-1774 - Off-Street Parking Agreement, 505 32nd Street, Newport BeachCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 'C 673 -2110 DATE B M5 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. Description of Contract Off Sj to p11xid Mg AfJtsa=t Authorized by Resolution No. 8644 , adopted on Mmemi m 14, 1975 Effective date of Contract NVAM&MZ4, 1975 Contract with � l aiatanm Laaguo of NOWmt aaaah Address 505 - 22PA. stapeft Amount of Contract -city Clerk Deceater 15, 1975 AWistmvbe League of Nooport. Beach 505 - 32nd Street Newport Beach, Ch 92663 Subject: Off-Site Parking Agxesmant. Attached is a copy of the executed and recorded agreement with the City for your files. This agreement was authorized by the City Council on Novw*w 24, 1975 by the adoption of Rescoluticn No. 8644. Laura Lagios, CbC CkLT Clerk LL:s* enc. Recording Requested By and �X r J�g2P� r,Z62 WheRecorded Return n 1415 !LEASE RETURN TOO LAURA LAGIOS, CITY CLEFS CITY OF NEWPORT BEACH 3300 NEWPO1 T BOULEVARD NEWPORT BEACH, CALIF. 92660 EXEMPT C8 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 5 hast P M DE0 1 1975 J. WYLIE CARLYLE, CaUnty Recardar Space Above This Line for Recorder's Use Only Pursuant to Gov't Code 6103, the City of Newport Beach requesi free record t' n. OFF-SITE PARKING AGREEMENT xGr-A,Lve �- (Assistance League of Newport Beach - 505 32nd Street) 0' /'i 74 THIS AGREEMENT is made and entered into this day of e��z(�/y',!!a 1975, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and ASSISTANCE LEAGUE OF NEWPORT BEACH, hereinafter referred to as "League"; W I T N E S S E T H: WHEREAS, League is the owner of that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California and described as the Easterly 114 feet of Lot No. 6, Tract 1117, Recorded in Miscellaneous Map Book 35, Page 48, Records of Orange County, California, hereinafter referred to as Parcel "A"; and WHEREAS, League desires to make additions to the structure located on said Parcel "A", which will require that a minimum of 28 off street automobile parking spaces be provided off-site under the provisions of the Newport Beach Municipal Code; and WHEREAS, League is the owner of that certain parcel of real property located in the City of Newport Beach, County of Orange, State of California, described as Lots 9, 10 and 11 of Block 331, of Lancaster's Addition, recorded in Miscellaneous Map Book 5, page 14, Records of Orange County, California, referred to hereafter as Parcel "B"; and WHEREAS, League desires to use Parcel "B" to provide the required parking in conjunction with the improvements and enlargement to be conducted upon the structure located on Parcel "A"; and r,, •�7 _ era ,. `Y�'��a cn .y BK 11582P6 1263 WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of October 2, 1975, considered the off-site parking agreement and recommended approval to the City Council of the City of Newport Beach of said off-site parking agreement; and WHEREAS, the City Council at its meeting of November 24 1975, considered the provisions of Section. 12.38.04 of the Newport Beach Municipal Code and determined that the off-site parking agreement proposed by League should be approved, NOW, THEREFORE, in consideration of the foregoing it is agreed by and between the parties hereto as follows: 1. League will use Parcel "B" as a location for 28 off street automobile parking spaces in conjunction with the expansion of the use of Parcel "A". 2. The off street automobile parking made available on Parcel "B" shall be available to members and staff of League at all times. 3. In the event the use of the parking spaces referred to in paragraph 1 should be terminated and lost to League for any reason, League will immediately thereafter obtain additional off street automobile parking spaces satisfactory to and to be approved by the City. If substitute parking spaces are not obtained, League will physically modify the structure which presently is located on parcel "A" (as altered), in such a fashion as to reduce the parking for said structure to such a level as the number of off street parking spaces available to League dictate, measured by the parking requirements of the City of Newport Beach at that time. 4. This agreement shall run with the property described within as Parcel "A", and shall bind the heirs, successors in interest and assigns of the parties hereto, and it shall be recorded in the office of the County Recorder of the County of Orange, State of California. -2- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. {I S f ATTEST: C;,Cii?Ey-cle-rk i CITY OF NEWPORT BEACH, A Municipal Corporation ASSISTANCE LEAGUE OF NEWPORT BEACH on By -3- HRC:yz 11/12/75 STATE OF CALIFORNIA SS County of Orange SKI 158 1 6 On Ndizemhp-r 9A , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald McInnis known to me to be the Mayor, and Laura Lagios , known to me to be the City Clerk of the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. DOROTHY -� NOTARY �. Pq�EN r PUBLIC•CALIFORNIA pRINCIPgL OFFICE IN ly Com ORANGE COU Es�eFeB__9, 1977 STATE OF CALIFORNIA County of ORANGE On undersigned, appeared to me to be executed the who executed Notary Public in and for said State SS /Civ'fi!�c�1c-( Y 1975, before me, the a Notary Public in and for said State, personally known to me to be the resident, and ���,�,�l/-�� known �asc �K retar--y of the corporation that ��h' within Instrument, known to me to be the persons the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public iand or aid State ®�s�o�•�s�®sty®�a�rmoo®�o+��aoa��o��r r0: 'ILIAL SEAL BARBARA J. RUTZ Y NOTARY PUBLIC . CALIFORNIA o PRINCIPAL OFFICE IN ORANGE COUNTY *MY Commission Expires Sept, li, 1978 0 ®oo®000c®000.�o.�o�,�,00®o®e®md®o� M SEW PART CITY OF NEWPORT BEACH S CALIFORNIA �� /FORN`P November 26, 1975 City Hall Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Site Parking Agreement from Assistance League of Newport Beach for parking purposes. x Authorized by Resolution No. 8644. t City Manager authorized by Resolution No. 6773 to accept easement deeds. x X. Laura Lagios City Clerk LL:swk enc. 3300 W. Newport Blvd. Area Code 714 673 -2110 B L��y/�g� �k Ci 1 f o,a�� tz MVQ41 QVAC H RESOLUTION NO. g 6 4 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 ASSISTANCE LEAGUE OF NEWPORT BEACH (505 32nd Street) . . .. _ .. ..._.__..... WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain off -site parking agree- ment between the City of Newport Beach and Assistance League of Newport Beach for property located at 505 32nd Street. 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 24th day of November, 1975. Mayor ATTEST: City Clerk DDO:yz 11/18/75 RV !... ,i1IL oj �w"RT 5;x r;H November 19, 1975 City Council Meetillp November 24, 1975 Agenda Item No. H -2(a) CITY OF NEWPORT BEACH TO: City Council FROM: Department of Community Development SUBJECT: Reauest for an Off -Site Parkins Agreement in eaaue tac s located at 50b - jznd Street, via DDorto and via Lido. ad.lacent t0 the Gi tV LOCATION: Easterly 114 ft. of Lot 6, Tract 1117 (Thrift Shop). Lots 9, 10 and 11, Block 331 of Lancaster's Addition (Off -site Parking Lot). ZONE: C -1 -H (Thrift Shop) M -1 (Off -site Parking Lot) APPLICANT: Assistance League of Newport Beach OWNER: Same as Applicant Application This application requests approval of an off -site parking agreement in conjunction with the expansion of the Assistance League facilities. 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 owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking 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 Com- munity Development. 0 TO: City Council - 2. Planning Commission Recommendation At its meeting of October 2, 1975, the Planning Commission voted (6 Ayes, 1 No) to approve Use Permit No. 1769 which waived 27 of the required 59 parking spaces in conjunction with a minor expan- sion of the workroom and retail sales space in the Assistance League facilities located on 32nd Street. In addition, the Plan- ning Commission also approved a request that a minimum of 28 of the required parking spaces be provided in the existing off -site Assistance League parking lot on 30th Street, adjoining The factory, in Cannery Village. Analysis of the Assistance League's operations, including a complete breakdown of the space within the facility by use and parking requirement, is contained in the Planning Commission's staff report dated September 25, 1975, copy of which is attached. Also attached is an excerpt from the Planning Commission's minutes of October 2, 1975, setting forth the Commission's findings and conditions. Suggested Action If desired, adopt resolution authorizing the execution of an off - site parking agreement between the City of Newport Beach and the Assistance League of Newport Beach. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By 141KIL }CJ• 1?GV JA S D. HE WICKER Ass stant Director - Planning RVH /JDH /kk Attachments for Council Only: Vicinity Map Planning Commission Staff Report Dated 9/25/75 Excerpt of Minutes from Planning Commission Meeting of 10/2/75 yv .o zso' -- P = a h 2 02 -H c -2 -M $ wES r y Cy- 9� ° 4 i 'J fr/ ` C. OFFS,' ARKI I r� 1 ° :cu q°o boc 20u j, ,, 1, 1 1 1 SCA[ E _;;O O,Q 9., �pyo \7 op \ o0 \`•y N r. T N N \\f'ri \ Pc \� \- NA'WP0117' BAY USE PERM IT No• 1769 0 Planning Commission Meeting Oct. 2, 1975 Item No. 4 September 25, 1975 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1769 (Public Hearing) Request to waive a portion of the required parking spaces in conjunction with the expansion of the Assistance League facilities in the C -1 -H District. Further request to permit an offsite parking agreement for the remaining portion of the required parking spaces. LOCATION: A portion of Lot 6, Tract 1117, located at 505 - 32nd Street, on the northerly side of 32nd Street between Via Oporto and Via Lido adjacent to the City Hall Annex. ZONE: C -1 -H APPLICANT: Jerry Schoffner Co., Newport Beach OWNER: Assistance League of Newport Beach, Newport Beach Application This application requests to waive a portion of the required parking spaces in conjunction with the expansion of the Assistance League facilities. In accordance with Section 20.08.191,B., 3. of the Newport Beach Municipal Code, whenever a nonconforming building or use is enlarged by more than 10 percent of its original gross area in any one year period, the property on which it is located shall be made to comply with the parking requirements of the Municipal Code unless a waiver or reduction of said requirement is authorized by the securing of a use permit. Use permit procedures are outlined in Chapter 20.46 of the Municipal Code. This application also requests approval of an offsite parking agree- ment for the remaining portion of the required parking spaces. 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 build- ing 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 ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). Item No. 4 TO: Planning Commission - 2. (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking 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. Environmental Significance This project has been reviewed and it has been determined that it will not have any significant environmental impact. Conformance With General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" uses. The proposed development falls within the uses permitted. Subject Property and Surrounding Land Use The Assistance League facilities, consisting of a thrift shop and work rooms, a conference room, offices, and a small dental office are located on the site. To the north, across Via Malaga, is an office parking lot and the First Church of Christ, Scientist facilities; to the east, is St. James Church; to the south, across 32nd Street, is the Bank of Newport (under construction) and an offsite parking lot for the Imperial Savings building; and to the west, is the City Hall Annex. Analysis The applicant proposes to construct room additions on the first and second floors of the existing Assistance League building. The pro- posed development includes the addition of 21 sq. ft. of retail space and the enclosure of an existing 924 sq. ft. open patio that has been utilized for retail sales on the first floor. Approximately 1,100 sq. ft. of additional work room space is also proposed on the first floor. New construction on the second floor consists of the addition of 558 sq. ft. t of retail space for the thrift shop, adjacent to the existing Assistance League offices. Offstreet Parking No parking spaces were required when the Assistance League facilities were established on the stie in 1951 and when the use was expanded in 1961. However, Section 20.08.191, B., 3., of the Newport Beach Municipal Code, which was subsequently added in 1969, states as follows: "3. ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10 %) of its original gross area in any one -year period, the property on which it is located shall be made to comply with the parking requirements of sub- section A of this section unless a waiver or reduction of said requirement is authorized by use permit." The applicant is requesting the approval of a use permit so that a portion of the required number of parking spaces (27) may be waived. As noted in the table below, fifty nine (59) parking spaces would be required for the expanded Assistance League complex, based upon one parking space /250 sq. ft. of floor area in the 7,000 sq. ft. ± areas for the retail shop, work rooms, and offices (including the dental office) and one parking space /35 sq. ft. of assembly area in the existing 1,064 sq. ft. conference room. Item No. 4 Four (4) on -site parking spaces will be maintained with the proposed development, consisting of two parking spaces for the two dentists in the dental clinic, and two parking spaces for Assistance League volunteers working in the dental facility. Although the four spaces would not conform to the City's parking standards (i.e., automobiles parked in two of the spaces will have to back out onto Via Malaga and the other two parking spaces are in tandem), the Traffic Engineer has indicated that the proposed parking layout is adequate for the long term use of the spaces. It should be pointed out that six automobiles can be parked on the premises at present (i.e., the two tandem parking spaces and four parallel parking spaces located in the 17 foot wide drive between the Assistance League Building and the City Hall Annex. Offsite Parking Lot The property owner owns a 28 space parking lot on the northerly side of 30th Street, adjacent to "The Factory" in Cannery Village, approxi- mately 750 feet from the Assistance League complex (see location on attached Vicinity Map). However, the subject parking lot has been permanently closed off by chains until recently. The applicant was informed by staff that denial of the proposed additions would be recommended unless the parking lot were open for use by League members during its daytime meetings in the existing conference room. Staff has observed that there are adequate on- street parking spaces for the existing thrift shop and dental clinic activities during the daytime hours, except for the days of the League meetings when the area is very congested. The attached letter from the applicant indicates that the conference room is utilized by the League members approximately six times a month. Since relating the staff's concern, the property owner has opened the off -site parking lot during its large meetings. A field check of the parking lot on September 18, 1975 at 11:30 A.M. (i.e. the most recent large gathering of League members) indicated that twenty -one of the twenty -eight parking spaces were being utilized. It was also observed that there were available parking spaces adjacent to the Assistance League facilities and the City Hall Annex at the time of the field check. Staff is also of the opinion that additional parking spaces in the offsite parking lot will be utilized by League members when they are notified that the subject lot is now open for their use. Parkinq Summar On -Site Off -Site Total Required Deficiency Existing 6 0 6 52 46 Proposed 4 28 32 ( +26) 59 ( +7) 27 ( -19) Waiver of Parkinq Requirements As noted above, the existing Assistance League Complex has a parking deficiency (on paper) of approximately 46 spaces. With the expansion and the addition of the off -site spaces, this deficiency will be reduced to 27 spaces. This complex is very unique and does not operate as a typical retail business in a commercial district. As noted in the preceding informa- tion and the attached letter from the applicant, the thrift shop normally has from five to seven volunteers and the dental office has Item No. 4 TO: Planning Commission - 3. Use Sq.Ft. % Total Parking Required % Dental Clinic 735 9 3 5 Retail Sales 2,991 36 13 (12 + 1 loading) 22 Workrooms 2,761 34 11 19 Conference Room 1,064 13 30 51 Offices 504 6 2 3 Kitchen 176 2 - - Total 8,231 100 59 100 Four (4) on -site parking spaces will be maintained with the proposed development, consisting of two parking spaces for the two dentists in the dental clinic, and two parking spaces for Assistance League volunteers working in the dental facility. Although the four spaces would not conform to the City's parking standards (i.e., automobiles parked in two of the spaces will have to back out onto Via Malaga and the other two parking spaces are in tandem), the Traffic Engineer has indicated that the proposed parking layout is adequate for the long term use of the spaces. It should be pointed out that six automobiles can be parked on the premises at present (i.e., the two tandem parking spaces and four parallel parking spaces located in the 17 foot wide drive between the Assistance League Building and the City Hall Annex. Offsite Parking Lot The property owner owns a 28 space parking lot on the northerly side of 30th Street, adjacent to "The Factory" in Cannery Village, approxi- mately 750 feet from the Assistance League complex (see location on attached Vicinity Map). However, the subject parking lot has been permanently closed off by chains until recently. The applicant was informed by staff that denial of the proposed additions would be recommended unless the parking lot were open for use by League members during its daytime meetings in the existing conference room. Staff has observed that there are adequate on- street parking spaces for the existing thrift shop and dental clinic activities during the daytime hours, except for the days of the League meetings when the area is very congested. The attached letter from the applicant indicates that the conference room is utilized by the League members approximately six times a month. Since relating the staff's concern, the property owner has opened the off -site parking lot during its large meetings. A field check of the parking lot on September 18, 1975 at 11:30 A.M. (i.e. the most recent large gathering of League members) indicated that twenty -one of the twenty -eight parking spaces were being utilized. It was also observed that there were available parking spaces adjacent to the Assistance League facilities and the City Hall Annex at the time of the field check. Staff is also of the opinion that additional parking spaces in the offsite parking lot will be utilized by League members when they are notified that the subject lot is now open for their use. Parkinq Summar On -Site Off -Site Total Required Deficiency Existing 6 0 6 52 46 Proposed 4 28 32 ( +26) 59 ( +7) 27 ( -19) Waiver of Parkinq Requirements As noted above, the existing Assistance League Complex has a parking deficiency (on paper) of approximately 46 spaces. With the expansion and the addition of the off -site spaces, this deficiency will be reduced to 27 spaces. This complex is very unique and does not operate as a typical retail business in a commercial district. As noted in the preceding informa- tion and the attached letter from the applicant, the thrift shop normally has from five to seven volunteers and the dental office has Item No. 4 0 T0: Planning Commission - 4. 0 a maximum of two dentists and four volunteers 3 days a week. The peak use of the facility occurs approximately six times per month when the conference room is used for meetings attended by 25 to 90 persons. j As noted above, the congested parking conditions surrounding the complex have been substantially reduced since the off - street parking lot has been opened. It should also be pointed out that the biggest part of the proposed expansion is in the workroom area which is used for the sorting and repair of donated items. Approximately 1/3 of the additional space will be used for retail sales, however, it is not anticipated that this space will necessarily draw additional customers, many of which already walk or ride bicycles. Staff, therefore, recommends that the remaining 27 parking spaces be waived. Specific Findings and Recommendation Section 20.46.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 1769 and suggests that the Planning Commission make the following findings in conjunction with the applicant's request: 1. The proposed development is consistent with the General Plan, and is compatible with the surrounding land uses. 2. A waiver of 27 of the required parking spaces is justifiable for the following reasons: a. The Assistance League complex is a unique operation with peak usage occuring approximately 6 times per month. b. That adequate on -site parking exists and on- street parking is available nearby to accommodate the day to day opera- tion of the facility. C. That adequate additional parking is being provided off - site to accommodate peak usage. 3. A portion of the required spaces on a separate lot from the building site is also justifiable for the following reasons: a. The site is owned by the property owner and will be maintained as an offstreet parking lot for Assistance League members during daytime meetings in the conference room at all times. b. Parking on the subject lot will not create undue traffic hazards in the surrounding area. 4. The approval of Use Permit No. 1769 will not, under the cir- cumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Approval of Use Permit No. 1769 is recommended, subject to the follow- ing conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevation. Item No. 4 0 TO: Planning Commission - 5. 2. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 28 parking spaces shall be provided on the subject offsite parking lot located on 30th Street in Cannery Village for Assistance League members during daytime meetings in the conference room of the Assistance League facilities. i 3. The offsite parking lot shall be accessible and usable for club members at all times during daytime meetings in the conference room. In addition, the applicant should also consider opening the offsite parking lot for Assistance League members working in the thrift shop and dental office. 4. That all mechanical equipment and trash areas shall be screened from adjacent streets and adjoining property. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR William R. Laycocc, Senior Planner WRL /sh Attachments: Vicinity Map Letter from Applicant Plot Plan, Floor Plans Elevation Item No. 4 JERRY SHOFFNER COMPANY 200 Newport Center Dr. Suite 207 - Design Plaza Newport Beach, CA. 92660 640 -6477 September 24, 1975 0 Mr. Bill Laycock Planning Department City of Newport Beach Re: Assistance League Use Permit Dear Mr. Laycock: As per your request the following is a brief history of the Assistance League and their operation at 505 -32nd St., Newport Beach. The Assistance League started in 1951 in their original location at the above address and expanded their operation to its present size in 1961. The Thrift Shops operating hours are as follows: Monday through Thursday 10:00 to 4:00; Friday 10:00 to 3:00; Saturday 10:00 to 2:00. During their hours of operation they have approximately five to seven people working in their retail sales and workshop area. The Conference Room and Kitchen Facility is used for group meet- ings approximately six times per month. During these meetings they will have anywhere from 25 to 90 people in attendance. The Dental Clinic, a totally seperate operation, is staffed by two dentists and approximately four volunteer workers. The four parking spaces, directly adjacent to the Dental Clinic, are re- served for the use of the dentists and dental clinic volunteers. The operating hours of the Dental Clinic are as follows: Monday, Wednesday and Thursday 9:00 to 5:00. They are open eleven months of the year and are closed for one month during the summer. If you have any other questions please call me. Very truly yours, Je ry S offner JS /kt c.c. Mrs. Amelia Lockney COMMISSIONERS ROLL GAL Motion All Ayes W CITY OF NEWPORT OACH MINUTES October 2, 1975 a consequence of both of these, staff has recommended that this matter be reset for public hearing on November 6, 1975. Commissioner Seely voiced disappointment that matter does appear to have to be Conti ed. He advised that it had been publiciz that this matter would come before the Planning mmission and that they have received a grea C al of correspondence concerning this matter. Commis 'over Seely then discussed the possibility of adop a Specific Plan District incorporating the ire Lido Peninsula. Community Development Director Hoga advised that staff will respond to that in the staff report. Motion was made that this matter be renoticed and continued to the meeting of November 6, 1975. Request to waive a portion of the required parking spaces in conjunction with the expansion of the Assistance League facilities in the C -1 -H District. Further request to permit an off -site parking agreement for the remaining portion of the required parking spaces. Location: A portion of Lot 6, Tract 1117, located at 505 - 32nd Street, on the northerly side of 32nd Street between Via Oporto and Via Lido adjacent to the City Hall Annex. Zone: C-1 -H Applicant: Jerry Schoffner Co., Newport Beach Owner: Assistance League of Newport Beach, Newport Beach Public hearing was opened in connection with this item and Jerry Schoffner, 200 Newport Center Drive appeared before the Planning Commission on behalf of the Assistance League. He advised that the parking lot has been kept secured and has always been locked and not been available to other people in the area. He further advised that all members of the Assistance League have a key to that facility and have been instructed to use the facility Page 11 INDEX Item #4 USE PER- MIT NO. 1769 APPROVED CONDI- TIONALLY ROLL Motion COMMISSIONERS CITY OF NEWPORT NIACH `%1yp1p,`1Zv' MINUTES October 2, 1975 for the periods of time they are at the Assistance League. Mr. Schoffner felt the members will use this parking facility because they realize it is a condition in the granting of this request. He then concurred with the staff conditions as specified in the staff report. Amelia Lockey, member of the Property Committee for the Expansion of the Assistance League, appeared before the Planning Commission and stated that all members of the Assistance League have keys to the gate of the parking facility so that each member can use the facility at any time. She then advised that at the last meeting of the Assistance League, the gate was left unlocked so members would not have to unlock the gate. Following arrival of the members, the gate was relocked. In response to a question by the Planning Commission as to whether the Assistance League has any plans to move from the property in the future, Ms. Lockey advised that the Assistance League has no such plans and that this property was purchased with the idea in mind of expanding the facility to make full utilization of the property. There being no others desiring to appear and be heard, the public hearing was closed. Following discussion as to whether the parking requirement would accompany this property if it were to be sold, motion was made that Planning Commission make the following findings: 1. The proposed development is consistent with the General Plan, and is compatible with the surrounding land uses. 2. A waiver of 27 of the required parking spaces is justifiable for the following reasons: a. The Assistance League complex is a unique operation with peak usage occuring approximately 6 times per month. b. That adequate on -site parking exists and on- street parking is available nearby to accommodate the day -to -day operation of the facility. C. That adequate additional parking is being provided off -site to accommodate peak usage. Page 12 COMMISSIONERS a CITY OF NEWPORT *EACH A M MINUTES 1 A P Z 3 October 2, 1975 INDfX ! 3. A portion of the required spaces on a separate lot from the building site is also justifiable for the following reasons: a. The site is owned by the property owner and will be maintained as an off - street parking lot for Assistance League members during daytime meetings in the conference room at all times. b. Parking on the subject lot will not create undue traffic hazards in the surrounding area. 4. The approval of Use Permit No. 1769 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1769 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and elevation. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 28 parking spaces shall be provided on the subject off -site parking lot located on 30th Street in Cannery Village for Assistance League members during daytime meetings in the conference room of the Assistance League facilities. ** 3. The off -site parking lot shall be accessible and usable for club members at all times during daytime meetings in the conference room. In addition, the applicant should also consider opening the off -site parkin g lot for Assistance League members working in the thrift shop and dental office. ** * *(NOTE: Conditions No. 2 and 3 were revised by an amendment to this motion. (See Commissioner Heather's amended motion on the following page.) Page 13 November 14, 1975 CITY OF NEWPORT BEACH Mr. Jerry Scboffner Jerry Pchoffner Co. 200 N wport Center Drive Suit/ 207- Design Plaza Ne ort Beach, CA. 92660 Re: Assistance League Off -Site Parking Agreement Dear Mr. Schoffner: CALIFORNIA 92660 City Hall 3300 Newport Blvd. (714) 673 -2110 P- 2, loa_lw We are transmitting herewith an original and two copies of i the Off -Site Parking Agreement between the Assistance League of Newport Beach and the City of Newport Beach. This agreement was approved by the Planning Commission on October 2, 1975. It will be considered by the City Council of the City of Newport Beach when the executed copy has been returned to us. Please have the agreement properly executed by the Assistance League, notarized and returned to this office for further handling. I thank you for your courtesy and cooperation in this regard. Very truly yours, HUGH R. COFFIN Assistant City Attorney HRC:yz Enc. cc: Laura Lagios, City Clerk James D. Hewicker, Asst. Director /Planning 0 RESOLUTION NO. §" 6'f `) L7 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 ASSISTANCE LEAGUE OF NEWPORT BEACH (505 32nd Street) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain off -site parking agree- ment between the City of Newport Beach and Assistance League of Newport Beach for property located at 505 32nd Street. 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. ATTEST: City Clerk ADOPTED this 24th day of November, 1975. Mayor DDO:yz 11/18/75