HomeMy WebLinkAboutC-1776 - Off-Street Parking Agreement, 2640 East Coast Highway, Corona del Mary
I
�eWPO�.
ok m CITY OF NEWPORT BEACH
x CALIFORNIA
eK
C'4�1FOaN�' City Hall
3300 W. Newport Blvd.
Area Code 714
673 -Elio
DATE Janoaxy -50, 1970
TO: FINANCE DIRECTOR
FROM: City Clerk
1
SUBJECT: Contract No. ITVA
Description of Contract f_1t41� D.wtina AgZew t —tor
2640 B. Coast Highway, Corona del Mar
Authorized by Resolution No. g648 adopted on 76
Effective date of Contract 8sesb.r ggs 3913
Contract with George as FACheer and fttt ra__ "Ght__
Address 2640 3. Goast 0ghway
eorona do]: limit g GA 92625
Amount of Contract
4 ll1u�. l/ l.�s -eo-w
City Clerk
i
January 30, 1976
ASSISTANT cnf ASY0ww
OFF -SIP PARKING AGREBl=
George R. Richter and Betty ,lane Richter
2640 East Coast Highway, Corona del Mar
Attached are two esecuted copies of the subject agreement for
transmittal to the Richters and for your files.
The agreement was recorded by the County on December 31, 1973
as par the information in the upper right hand corner of the
copies.
The agreement was authorized by the City Council on December 8,
1976 by the adoption of Resolution No. 8648.
City Clerk's Office
one.
ewk
RECORDING REQUESTED BY A 33846 116 11 PC . 25 `A
WHEN RECORDED RETURN TO:
RECORDED IN OFFICIAL RECORDS
PLEAS RE-TURNEEMP-,- OF ORANGE COUNTY, CALIFORNIA
C8 9:05 A.M. DEC 311975
J. WYLIE CARLYLE, County Recorder
NEV!'P0,-4132i' t 3, Ckkj p,,
Space Above This Line for Recorder's Use
Pursuant to Gov't Code No. 6103,
the City of Newport Beach requests
OFF-SITE PARKING AGREEMENT free recordation.`
(George R. Richter and Betty Jane Richter - I
2640 East Coast Highway, Corona del Mar)
THIS AGREEMENT is made and entered into this �3k d
day of JJ� E�laC�� 1975, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City" and GEORGE R. RICHTER and BETTY JANE RICHTER, herein-
after referred to as "Owner";
W I T N E S S E T H:
WHEREAS, Owner 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:
PARCEL A. All of Lot 4 in Block L of Tract No.
323, in the City of Newport Beach, as shown on a
map recorded in Book 14, Pages 40 and 41 of
Miscellaneous Maps, records of Orange County,
California, and that portion of Lot 5 in Block L
of said Tract 323, described as follows:
Beginning at the Northwesterly corner of said -
Lot 5 and thence Southeasterly along the South-
westerly line of said Lot 5 and the Northeasterly
line of Coast Boulevard a distance of 31.20 feet;
thence North 74°36' East to a point in the South-
easterly line of said Lot 5; thence North 39038'
East along said Southeasterly line to the most
Easterly corner of said Lot 5; thence North 50°
22' West along the Northeasterly line of said Lot
5 to the most Northerly corner thereof; thence
South 74036' West along the Northwesterly line of
said Lot 5, 133.30 feet to the point of beginning.
hereinafter referred to as Parcel "A"; and
WHEREAS, Owner desires to operate a take-out and
outdoor restaurant facility with on -sale beer and wine on said
Parcel "A", which will require that a minimum of 8 off-street
automobile parking spaces be provided off-site under the provisions
of the Newport Beach Municipal Code; and
WHEREAS, Owner is the owner of that certain parcel
of real property located in the City of Newport Beach, County of
Bx 11611 P6 26
Orange, State of California, described as:
PARCEL B. Lot 11 in Block 732 of the
Corona del Mar tract, in the City of Newport
Beach, as shown on a map recorded in Book 3,
pages 41 and 42 of Miscellaneous Maps, records
of Orange County.
hereinafter referred to as Parcel "B"; and
WHEREAS, Owner desires to use Parcel "B" to provide
the required parking in conjunction with the take-out and outdoor
restaurant facility to be conducted on said Parcel "A"; and
WHEREAS, the Planning Commission of the City of
Newport Beach at its meeting of November 6, 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
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 Owner should be
approved.
NOW, THEREFORE, in consideration of the foregoing it
is agreed by and between the parties hereto as follows:
1. Owner will use Parcel "B" as a location for
8 off-street automobile parking spaces in conjunction with the
take-out and outdoor restaurant facility use of Parcel "A".
2. In the event the use of the parking spaces
referred to in paragraph 1 should be terminated and lost to
Owner for any reason, Owner 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, Owner will physically modify the take-out
and outdoor restaurant facility use which is located on Parcel
"A" in such a fashion as to reduce the parking for said use
to such a level as the number of off-street parking spaces avail-
able to Owner dictate, measured by the parking requirements of
the City of Newport Beach at that time, or close or cause to
be closed such use.
-2-
K 116 5 4 N 27
3. 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.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
City Clerk
APPROVED AS TO FOPM:
Z=3 Ai
CITY OF NEWPORT BEACH, A Municipal
Corporation
By
Ma y :..
OWNER:
-3-
STATE OF CALIFORNIA
SS
County of Orange
sK 1161 IN 28
On December 23 1975, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Donald A. McInnis , known to me to be the
Mayor, and T.ai,ra T,aginG , 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 L. PALEN
PU6i.. ii.` -CA WORN iA
;hh
NCC IN
N TY
ORANGE
M." comm-a"Ission Expires Fob. 9' 1977
STATE OF CALIFORNIA
SS
County of
r
Notary Public. n and for said State
On , 1975, before me, the
undersigned, a Notary Public in and for said State, personally
appeared known to me to be the
President, and known
to me to be Secretary of the corporation that
executed the within Instrument, known to me to be the persons
who executed 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 .in and for said State
STATE OF CALIFORNIA )
)ss:
County of Los Angeles)
On December 17 ,1975, before me, the undersigned,
a Notary Public in and for said state, personally appeared
George R. Richter and Betty Jane Richter, known to me to be the
persons whose names are subscribed to the within instrument and
acknowledged that they executed the same.
WITNESS my hand and off,,�cial seal.
ummuunnt�m�ammuu�arxnmu�xunuuntun�nmu�tinrmmm���xn�
OFFICIAL SEAL
SUZANNE VAHANIAN
Notary Public• California No ry PiAlhlis in and for said State
§ Principal Office In
Los Angeles,C&unty
a My Commission Expires lu'r `I6 1977
y`
0 0
CITY OF NEWPORT BEACH
OFFICE OF
CITY ATTORNEY
TO: LAURA LAGIOS December 22, 1975
City Clerk
FROM: HUGH R. COFFIN
Assistant City Attorney
RE: Off -Site Parking Agreement -
George R. Richter
2640 E. Coast Highway
We received executed copies of the Off -Site Parking Agree-
ment between the City and George R. Richter et al in
conjunction with development of a restaurant at 2640 E.
Coast Highway, Corona del Mar. I understand this Agree-
ment has been previously approved by the City Council and
request that you have the document executed and recorded
as per the City's standard policy in regards to these matters.
Please send us a conformed copy of the recorded agreement
that we may return to the owner of prop r y.
UGH CO F N
ssista t ty A for y
HRC:yz
cc: James D. Hewicker
t, l
a •
RESOLUTION NO. 8648
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 GEORGE R. AND BETTY J. RICHTER (KAREN
MARGRET'S TRIVOLI SQUARE)
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 George R. and
Betty J. Richter (Karen Margret's Trivoli Square); 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
of the City of Newport Beach
above described is approved,
hereby authorized and direct
the City of Newport Beach.
ADOPTED this 8th
ATTEST:
City Clerk
IT RESOLVED by the City Council
that said off -site parking agreement
and the Mayor and City Clerk are
sd to execute the same on behalf of
day of December , 1975.
Mayor
DDO /bc
12/3/75
I
i
0
CITY OF NEWPORT BEACH
CALIFORNIA
December 29, 1975
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is nff_94re Pa ring Afire . r
from [`.wnrgd R_ wwA Pitt,_ - ?�o��tirht�r
for P ra k4„I purposes.
.z Authorized by Resolution No. aicaa.
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
xa' � �;-
Laura Lagios
City Clerk
LL:swk
enc.
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
I
December 3, 1975
kill
City Council Meeting December 8, 1975
Agenda Item No. H -2(b)
CITY OF NEWPORT BEACH
City Council
FROM:
Department of Community Development
SUBJECT:
Request for an Off -Site Parking Agreemenfi� in
conjunction with the establishment of a "take -out"
and "outdoor" restaurant facility with on -sale
beer and wine in Karen Margreta's Tivoli Square.
LOCATION:
Lot 4 and a portion of Lot 5, Block L, Tract 323,
located at 2640 East Coast Highway, on the north-
easterly side of East Coast Highway between
Dahlia Avenue and Fernleaf Avenue in Corona del
Mar (Karen Margreta's Tivoli Square).
Lot 11, Block 732, Corona del Mar, located at
711 Fernleaf Avenue, on the northwesterly side
of Fernleaf Avenue between East Coast Highway
and Fifth Avenue in Corona del Mar (off -site
parking lot).
ZONE:
C -1 (Karen Margreta's Tivoli Square)
R -2 (Off -site Parking Lot)
APPLICANT:
George R. and Betty Jane Richter_; =Pasadena
OWNER:
Same as Applicant
Application
This application requests approval of an off -site parking agreement
in conjunction with the establishment of a "take -out" and "outdoor"
restaurant facility with on -sale beer and wine in Karen Margreta's
Tivoli Square. 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
TO: City Council - Page 2.
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.
Planning Commission Recommendation
At its meeting of November 6, 1975, the Planning Commission voted
unanimously to approve Use Permit No. 1772 which will allow (a)
the establishment of an "outdoor" and "take -out" restaurant with
on -sale beer and wine, (b) a waiver of the development standards
for "take -out" and "outdoor" restaurants as they pertain to circu-
lation, walls and landscaping, (c) a waiver of four of the required
twelve parking spaces, and (d) an off -site parking arrangement for
eight automobiles in an R -2 District. Attached for the City Council's
review is a copy of the Planning Commission's staff report dated
October 31, 1975 and an excerpt from the minutes 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 George R. and
Betty Jane Richter.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By O4v4
J 1E . HEWICKER
sistant Director - Planning
RVH /JDH /kk
Attachments for Council Only:
Vicinity Map
Planning Commission Staff Report Dated 10/31/75
Excerpt of Minutes from Planning Commission Meeting of 11/6/75
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ORD. NO. 699
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USE 'FATMIT NO. 1111
•
October 31, 1975
0
Planning Commission Meeting Nov. 6, 1975
CITY OF NEWPORT BEACH
Item No. 4
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Use Permit No. 1772 (Public Hearing)
Request to permit the use of a former snack bar and
an open patio area for a "take -out" and "outdoor"
restaurant facility with on -sale beer and wine in
Karen Margreta's Tivoli Square in the C -1 District,
and the acceptance of an offsite parking agreement
for a portion of the required parking spaces on an
adjacent residential lot. The proposed parking lot
includes one compact car space that encroaches to
within 2 feet of the rear property line (where the
Ordinance requires a minimum 5 foot rear yard setback
in the R -2 District when abutting a 14 foot wide
alley).
LOCATION: Portion of Lot L, Tract 323, located at 2640 East
Coast Highway, on the northeasterly side of East
Coast Highway between Dahlia Avenue and Fernleaf
Avenue in Corona del Mar (Karen Margreta's Tivoli
Square).
Lot 11, Block 732, Corona del Mar, located at 711
Fernleaf Avenue, on the northwesterly side of Fernleaf
Avenue between East Coast Highway and Fifth Avenue
in Corona del Mar (offsite parking lot).
ZONES: C -1, R -2
APPLICANT:
Craig
W.
Richter,
Laguna Beach
OWNER:
George
R.
Richter,
Pasadena
Application
This application is a request to permit an "outdoor" and "take -out"
restaurant with on -sale beer and wine and to waive a portion of the
required development standards (i.e., landscaping, parking, walls,
etc.) for said restaurant's use. In accordance with Section 20.24.030
of the Newport Beach Municipal Code, "outdoor" and "take -out" restau-
rants in a C -1 District require the securing of a use permit in each
case.
This application also requests approval of an offsite parking lot
for a portion of the required restaurant parking spaces in the R -2
District, In accordance with Section 20.08.070 of the Newport Beach
Municipal Code, no fee private parking lots may be permitted in any
residential district adjacent to any commercial zone, subject to the
securing of a use permit in each case. Use Permit procedures are
outlined in Chapter 20.46 of the Municipal Code. 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.
Item No. 4
0
T0: Planning Commission - 2.
0
(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 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, pro-
viding for the maintenance of the required off - street park-
ing 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.
In addition to the approvals noted above, this application also requires
a modification for a compact automobile parking space that encroaches
3 feet into the required 5 foot rear yard setback in the R -2 District.
Modification procedures are contained in Chapter 20.47 of the Municipal
Code.
Environmental Significance
This project has been reviewed, and it has been determined that it
is categorically exempt under Class I (Existing Facilities), Class 2
(Replacement or Reconstruction) and Class 11 (Accessory Structures)
from the requirements of the California Environmental Quality Act.
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 restaurant facility falls within the
permitted uses. The area is also designated for a Specific Area Plan.
Subject Property and Surrounding Land Use
The Karen Margreta Tivoli Square complex, consisting of retail shops,
is located on the proposed restaurant site. A duplex and six offsite
commercial parking spaces are now located on the site proposed for
the restaurant parking lot. The duplex will be removed from the sub-
ject property with the proposed development. To the northeast, is a
duplex; to the southeast, across Fernleaf Avenue, are single family
dwellings; to the south, is vacant property; to the southwest, across
East Coast Highway, is the Sherman Foundation Center; and to the north,
is a building with commercial uses on the first floor and a dwelling
unit on the second floor.
Background
Building records indicate that a motel was converted into retail shops
in 1965 on the site now designated as the Karen Margreta Tivoli Square.
A building permit was also issued in 1966 for a shade trellis in the
open area between the two commercial buildings on the site for a small
coffee shop. No parking spaces were required by Code for the commer-
cial or restaurant uses on the property.
The coffee shop use was subsequently discontinued and the service area
of the restaurant was converted into a display area for the Margreta
Imports shop. The applicant is now proposing to reopen the former
coffee shop as a sandwich shop with on -sale beer and wine.
Item No. 4
TO: Planning Commission - 3.
Analysis
The applicant proposes to utilize the former service area of the
coffee shop and existing open patio for the sale of sandwiches,
salads, coffee, soft drinks, and beer and wine.
The hours of operationfnr the proposed development are from 11:00 A.M.
to 5:00 P.M. Only one employee will be on duty at any one time.
The subject restaurant has a take -out window opening towards the
patio area. There are no interior dining facilities, but the appli-
cant is proposing to use four tables with sixteen seats in the
patio area.
Offstreet Parking
As noted above, the existing retail shops on the property in question
were not required to have any parking spaces when they were established
in 1965. However, one loading space and three parking spaces have
been provided on -site. The three parking spaces are nonconforming,
since they encroach to the rear property line where the Ordinance
would require a minimum 10 foot setback abutting an alley. In addition
eleven (11) off to parking spaces have been provided for Tivoli Square
use on the rear portions of two adjacent residential lots across the
alley from the commercial site.
The applicant proposes to remove the existing duplex located at 711
Fernleaf Avenue (i.e., the residential lot directly across the 14 foot
wide alley from the commercial site) and install a nine space parking
lot for the proposed restaurant use.
It should be noted that 8 of the spaces conform to the City's parking
standards and that the ninth space is substandard in size. In addition,
the latter space encroaches into the required 5 foot alley setback and
could interfere with the use of the garage on the opposite side of the
alley which encroaches to within one foot of the rear property line.
Staff therefore suggests that the ninth space at the intersection of
the two alleys be eliminated.
The Municipal Code requires one parking space for each employee on
duty during peak hours, and one parking space for each fifty square
feet of gross floor area contained within the take -out restaurant.
Ten (10) parking spaces would therefore be required since there will
be a maximum of one employee on duty at one time and there is approxi-
mately 420 square feet of floor area within the restaurant, including
360 square feet in the patio area for the tables (i.e. 420 sq.ft. t
50 sq. ft. = 9 spaces).
Staff feels that the 8 conforming parking spaces in the offsite lot
are more than adequate for the proposed restaurant use, and that the
2 remaining required spaces should be waived. It appears that the
proposed restaurant will substantially cater to people who are already
shopping in Tivoli Square, or who walk or ride bicycles to the "take-
out" facility from nearby residential areas in Corona del Mar. The
development is truly "neighborhood" in character, since it is located
in an open patio area between two commercial buildings. In addition,
the proposed use is replacing a former use of a similar nature which
experienced no apparent parking problems.
Boundary Wall
The required 20 foot front yard setback on the R -2 lot is being
maintained with the proposed development. The plot plan indicates a
4 foot high masonry wall along the 20 foot front yard setback and
along a portion of the side property line adjacent to the adjoining
residential lot. However, Section 20.08.200 B. of the Municipal Code
provides that where the boundary of a parking lot adjoins property in
the R -2 District, a 6 foot high wall shall be required and the wall
shall be reduced to 3 feet inside the front yard setback. Staff does
not recommend any departure from this requirement.
Item No. 4
TO: Planning Commission - 4.
Waiver of Requirements
Chapter 20.53, Drive -in and Outdoor Restaurants, of the Newport Beach
Municipal Code, was adopted in 1967 by the City in order to give the
Planning Commission the opportunity to review any proposed "take -out"
restaurant through the use permit procedure. Development standards
are included in Chapter 20.53 to ensure that any proposed development
would be aesthetically compatible to adjoining properties and streets.
Said development standards include specific requirements for building
setbacks, parking and traffic circulation, walls surrounding the
"take -out" restaurant site, landscaping, exterior illumination, sign-
ing, underground utilities, and storage.
Section 20.53.130 of the Municipal Code states that the Planning
Commission shall have the right to waive or modify any of the above
mentioned development standards for "take -out" restaurants if such
modification or waiver will achieve substantially the same results
and will in no way be detrimental to adjacent properties or improve-
ments than will the strict compliance with said conditions.
Staff is of the opinion that the existing development compliments the
other retail uses in Tivoli Square and feels that the on -site develop-
ment standards as they apply to parking, circulation, walls and
landscaping, should 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 build-
ing 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 neighbor-
hood of such proposed use or be detrimental or injurious to property
and improvements in the neighborhood or the general welfare of the
City.
Staff recommends approval of Use Permit No. 1772 and suggests that
the Planning Commission make the following findings in conjunction
with the applicant's request:
1. That the proposed development is consistent with the
General Plan and is compatible with surrounding land
uses.
2. Adequate offstreet parking spaces are being provided for
the proposed development since the "take -out" restaurant
will substantially cater to people who are already shop-
ping in the commercial center or who walk or ride bicycles
to the site.
3. The offstreet parking spaces for the proposed restaurant
on a separate lot from the building site is justifiable
for the following reasons:
(a) The parking lot is directly across a 14 foot wide
alley from the main building site;
(b) The proposed development will not create undue traffic
hazards in the surrounding area; and
(c) The site is owned by the applicant and will be main-
tained as an offstreet parking lot for the duration
of the restaurant use on the adjacent building site.
4. That the Police Department has indicated that they do not
contemplate any problems.
Item No. 4
T0: Planning Commission - 5.
5. That the proposed use is replacing a similar use which
formerly existed on the site.
6. That the waiver of the development standards as they pertain
to on -site parking, circulation, walls and landscaping,
will be of no further detriment to adjacent properties
inasmuch as the site has been developed and the structures
have been in existence for many years.
7. The approval of Use Permit No. 1772 will not, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements
in the neighborhood or the general welfare of the City.
Approval of Use Permit No. 1772 is recommended, subject to the
following conditions:
1. That development shall be in substantial conformance with
the approved plot plan, except as noted in condition Nos.
2 and 3.
2. That the proposed compact automobile space at the rear of
the offsite parking lot shall be eliminated and that the
required 5 foot rear yard setback shall be maintained.
3. That the boundary walls between the proposed parking lot
and the adjoining residential lot shall be constructed in
accordance with Section 20.08.200 of the Newport Beach
Municipal Code.
4. That a landscape plan for the landscaped setback on
fernleaf Avenue shall be submitted to and approved by
the Director of Parks, Beaches, and Recreation. Said
landscaping shall be continuously maintained.
5. That the restaurant facility shall not be open for business
prior to 11:00 A. M. or after 5:00 P. M.
6. That all new exterior lighting and signs shall conform
to Chapter 20.53 of the Newport Beach Municipal Code.
7. That all mechanical equipment and trash areas shall be
screened from public streets, alleys, or adjoining properties.
8. That a maximum of four tables with sixteen seats shall be
permitted in the patio area.
9. 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.
10. That this approval shall be for a period of two years, and
any extension shall be subject to the approval of the
Modifications Committee.
11. That the development standards related to circulation,
walls, landscaping and a portion of the parking requirements
are waived.
12. That an offsite parking agreement shall be approved by the
City Council, guaranteeing that a minimum of 8 parking spaces
shall be provided on the adjoining site for the duration of
the restaurant use on the property in question.
Item No. 4
`ielp
0
Planning Commission - 6.
0
13. That the offsite parking area shall be paved
concrete or other street surfacing material
nature. Parking spaces shall be marked with
markers or painted white lines not less than
14. That the existing utility pole
the alley shall be relocated if
egress to any required parking
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
By
William R. Laycock, I'
Senior Planner
WRL /sh
Attachments: Vicinity Map
Letter from Applicant
Plot Plan
with asphalt,
of a permanent
approved traffic
4 inches wide.
in the northerly side of
it obstructs ingress or
space.
Item No. 4
0
Mr. Bill Laycock
Community Development Department
City of Newport Beach
3300 North Newport Boulevard
Newport Beach, California 92660
1115 South Coast Highway
Laguna Beach, California 92651
October 22, 1975
Re: Proposed New Parking Area and Snack Bar Remodel at 2640 East
Coast Highway, Corona del Mar
Dear Bill:
The fast food operation we would like to start in the patio area at
2640 East Coast Highway would be very limited in operation. We are apply-
ing to the Alcoholic Beverage Control to serve beer and wine, along with
cold sandwiches, salads and soft drinks. There would be no hot food pre-
paration. Only one employee would prepare the sandwiches for over -the-
counter ordering, and to clear the tables after customer use.
The hours of operation would be 11 a.m. to 4 p.m. - lunch and afternoon
snacks. Four or five tables seating approximately fourteen people are pro-
posed for the patio with no seating under roof.
The snack bar itself is only 95 sq. ft., and the patio seating area
about 350 -400 sq. ft. This snack bar is to be more of a customer service
for the shops surrounding the patio than a profitable business in its own
right (of course, we hope it will not lose money). Both the parking lot and
the fast food operation should be practical and esthetically pleasing addi-
tions to Corona del Mar.
Cordially,
Craig W. 'chter
CWR:kc
cc: Karen Margreta Wood
Lois Vogel
Doug Snow, Architect
REC- "%'J t
oe "�02 n�y��li
CO h ISSIONERS • CITY OF N EWPORAEACH
ms
T
m Z m < m = MINUTES.
N
ROIL CALL N mber 6, 1975
South, Range 10 'West, San Bernardino
Meridian, located at 700 Lido Park
rive on the south side of 26th
eet, westerly of the Prolongatior
of L . o Park Drive, on the Lido
Peninsu
Motion X
;All Ayes
Zone: P -C
Applicant: Delaney's Cannery lage, Laguna
Beach
Owner: Mildred Stanley and Lloyd's ank
and Trust as trustee, Santa An
At the request of the applicant, this matter was
withdrawn from further consideration.
Request to permit the use of a former snack bar
and an open patio area for a "take -out" and
"outdoor" restaurant facility with on -sale beer
and wine in Karen Margreta's Tivoli Square in the
C -1 District, and the acceptance of an offsite
parking agreement for a portion of the required
parking spaces on an adjacent residential lot.
The proposed parking lot includes one compact car
space that encroaches to within 2 feet of the
rear property line (where the Ordinance requires
a minimum 5 foot rear yard setback in the R -2
District when abutting a 14 foot wide alley).
Location: Portion of Lot L, Tract 323, locat
at 2640 East Coast Highway, on the
northeasterly side of East Coast
Highway between Dahlia Avenue and
Fernleaf Avenue in Corona del Mar
(Karen Margreta's Tivoli Square).
Lot 11, Block 732, Corona del Mar,
located at 711 Fernleaf Avenue, on
the northwesterly side of Fernleaf
Avenue between East Coast Highway
and Fifth Avenue in Corona del Mar
(offsite parking lot).
Zones: C -1, R -2
Applicant: Craig W. Richter, Laguna Beach
Page 10.
INDEX
Item #4
USE
PERMIT
1772
APPROVE
cnNnT-
ROIL CAL
Motion
COMMISSIONERS CITY OF N EWPORAEACH
L1�" m ➢ mom-„ �
N
L November 6, 1975
Owner: George R. Richter, Pasadena
MINUTES
Assistant Community Development Director Hewicker
advised that revised site plans had been received
that afternoon which involved moving the food
preparation area to the opposite side of the patio
and enlarging it from approximately 60 square feet
to approximately 150 square feet. There were no
changes to the number of tables, seats, or employe
and the revisions did not effect the staff's
recommendation. He distributed the revised site
plans to the Commission for their review.
Planning Commission voiced concern with the
frequency of being presented last minute revisions
by applicants and felt there wasn't much need to
review staff reports in advance of the meeting
if the facts were continually being altered after
the filing of the applications.
Assistant Community Development Director Hewicker
reviewed the staff report and changes proposed by
the revised site plan and answered questions of
the Commission relative to the proposed operation
and the ordinance regulating the parking.
Public hearing was opened in connection with this
matter.
Craig Richter, applicant, appeared before the
Commission in connection with this matter and
concurred with the staff report.and recommenda-
tions. He advised there would be no cooking in
the food preparation area and could see no reason
for Condition No. 9 relative to providing an
exhaust fan and kitchen hood system. He also
advised that the hours of operation were from
11:00 A.M. to 4:00 P.M. and would not be a night-
time operation. He answered questions of the
Commission relative to the proposed operation,
including type of food to be served, control over
removal of beer or wine from the premises, serving
of food from the "take -out" window, and cleanup
of the patio area.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion was made that the Planning Commission make
the following findings:
1. That the proposed development is consistent
with the General Plan and is compatible with
surrounding land uses.
Page 11.
:s
COMMISSIONERS
• cmf
m
A P
onu reel
NoVemher 6.
OF NEWPORT 40EACH
1976
MINUTES
2. Adequate offstreet parking spaces are being
provided for the proposed development since th
"take -out" restaurant will substantially cater
to people who are already shopping in the
commercial center or who walk or ride bicycles
to the site. i I
I
3. The offstreet parking spaces for the proposed
restaurant on a separate lot from the building
site is justifiable for the followirbg reasons:
(a) The parking lot is directly across a 14
foot wide alley from the main building site;
(b) The proposed development will not create
undue traffic hazards in the surrounding
areas; and ,
(c) The site is owned by the applicant and
will be maintained as an offstreet parking lot
for the duration of the restaurant use on the
adjacent building site.
4. That the Police Department�ha� indicated that
they do not contemplate any problems.
i
5. That the proposed use is replacing a similar
use which formerly existed on the site.
6. That the waiver of the development standards
as they pertain to on -site parking, circulatio
,
walls and landscaping, will be of no further
detriment to adjacent properties inasmuch as
the site has been developed and the structures
have been in existence for many years.
7. The approval of Use Permit No. 1772 will not,
under the circumstances of this case, be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detri-
mental or injurious to property and improvements
in the n.eighborhood or the *general welfare of
of the City. ,
and approve Use Permit No. 1772, subject to the
following conditions:
1. That development shall.be in substantial
conformance with the approved plot plan,
except as noted in conditions Nos. 2 and 3.
2. That the proposed compact automobile space at
Page 12.
COMMISSIONERS
N
CITY OF N EWPORTGEACH
MINUTES
INDEX
the rear of the offsite parking lot shall be
eliminated and that the required 5 foot rear
yard setback shall be maintained.
3. That the boundary walls between the proposed
parking lot and the adjoining residential lot
shall be constructed in accordance with Sectio
20.08.200 of the Newport Beach Municipal Code.
4. That a landscape plan for the landscaped set-
back on fernleaf Avenue shall be submitted to
and approved by the Director of Parks, Beaches
and Recreation. Said landscaping shall be
continuously maintained.
5. That the restaurant facility shall n'ot be open
for business prior to 10:00 A.M. or after 5:00
P. M.
6. That all new exterior lighting and signs shall
conform to Chapter 20.53 of the Newport Beach
Municipal Code.
7. That all mechnaical equipment and trash areas
shall be screened from public streets, alleys,
or adjoining properties.
8. That a maximum of four tables with sixteen
seats shall be permitted in the patio area.
9. That in the event there is hot food prepara-
tion, 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.
10. That this approval shall be for a period of
two years, and any extension shall be subject
to the approval of the Modifications Committee
11. That the development standards related to
circulation, walls, landscaping and a portion
of the parking requirements are waived.
12. That an offsite parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of 8 parking spaces shall be
provided on the adjoining site for the
duration of the restaurant use on the pro-
perty in question.
Page 13.
COMMISSIONERS • CITY OF NEWPORTWEACH
z m Z y MINUTES
< z p Z 3
m
ROLL CALL November 6, 1975
13. That the offsite parking area shall be paved
with asphalt, concrete or other street surfac'
ing material of a permanent nature. Parking
spaces shall be marked with approved traffic
markers or painted white lines not less than
4 inches wide.
14. That the existing utility pole in the north-
erly side of the alley shall be relocated if
it obstructs ingress or egress to any require(
parking space.
Commissioner Beckley voiced concern that this
would provide the possibility of a potential hot
food preparation in a much enlarged kitchen and
changes the concept; therefore, he requested that
consideration be given to an amendment to the
motion which would include the intent of the
applicant as stated in his letter dated October
22, 1975, i.e., "There would be no hot food
preparation. Only one employee would prepare the
sandwiches for over - the - counter ordering, and to
clear the tables after customer.use."
Motion
X
An amendment to the motion was made that Condition
No. 9 be replaced with the wording, "That there
will be no hot food preparation."
Commissioner Seely voiced his opposition to the
amendment as he did not feel hot food would pose
a threat to the community.
Commissioner Agee concurred with Commissioner
Seely and added that the hour constraints as well
as the physical constraints of the take -out
restaurant did not warrant further restrictions.
Ayes X X X The amendment to the motion was voted on and
Noes X X X X failed.
The original motion by Commissioner Seely was
All Ayes then voted on and carried.
�y
Planning Commission recessed at 9:25 P.M. and
reconvened at 9:35 P.M. -
Page 14.
�6
' RESOLUTION NO. 8648
QiJ
CITY 41; m6utm,T BEAC: 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 Sr
AND GEORGE R. AND BETTY J. RICHTER (KAREN
MARGRET'S TRIVOLI SQUARE)
J71_
tiw
WHEREAS, there has been presented to the City Council I
of the City of Newport Beach a certain off -site parking
agreement between the City of Newport Beach and George R. and
Betty J. Richter (Karen Margret's Trivoli Square); 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 off -site parking 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 8th day of December
Mayor
ATTEST:
City Clerk
1975.
DDO /bc
12/3/75