HomeMy WebLinkAboutC-1778 - Off-Street Parking AgreementCITY OF NEWPORT BEACH
eu
CALIFORNIA
�G ,D "4S' City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE June 3- 1476
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. �77�
Description of Contract nff -94t& RArk4nn g..�_
2813 Villa Way
Authorized by Resolution No. 861K adopted on t!p—.22-75
Effective date of Contract 5 -3 ^7b
Contract With Ruth D NS11aT
Address 2813 Villa Way
Amount of Contract
City Clerk
00 0 40
CM CLBRR
0
June 25, 1976
Assistant City Attorney
City Clerk's office
Off-Site Parking Agreement, Miller - Schoepe
Per your request of June 2, 1976, attached is
a copy of the above agreement with the
recording information. Please transmit a copy
of this agreement to the proper party /parties.
Said agreement was authorized by the City Council
on December 22, 1975 by the adoption of Resolu-
tion No. 8675.
Ctty Clerk's office
swk
enc.
A.,, F NEWPORAE• H
i
MEMORANDUM: From
HUGH R. COFFIN, Assistant City Attorney
DORIS ... EORGE - -. Cit Clerk June 2 ---
--- --- -- -- - --- ---
RE: Off -Site Parking Agreement - Miller - Schoepe
Attached hereto is an original and one copy of an Off -Site
Parking Agreement in regards to the above referenced.
Please obtain the appropriate signatures and return one
conformed copy to me with the recordation data thereon.
Thank you.
Reply wanted p
Reply not necessary
N /-t0.
CITY OF NEWPORT BEACH
CALIFORNIA
June 3. 1976
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is Off -Site Parking Agraament
from Miller - Schoepe - McCulloch
for 2813 Villa Way for parking purposes.
X Authorized by Resolution No. 8675 .
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
r �ri.s George
ling City Clerk
DG:swk
enc.
I
City Hall
3300 W. Newport Blvd.
Area Code 714
640 -2251
I
RECORDING REQUESTED A--- -'HE'
RECORDED RETURN TO:
City Clerk
3300 Newport Blvd.
Newport Beach, Ca.
6996
EXEMPT
G8
B" ' 1761 PG 1 197
RECORDED IN OrFiC1AL RECOFDS
OF. ORANGE_ COU'.'TY, CALjr_r \1,-
/lin. l p M. JUN 1916
Past
�J.' iLiE CARLYLE, Gowiq k.t;widei
pace Above This Line for Recorder's Use
OFF-SITE PARKING AGREEMENT
(Ruth D. Miller - Paula Schoepe - 2813 Villa Way)
Free recordation
requested by the City o:
Newport Beach pursuant
to Gov't Code 6103
This Agreement is made and entered into this
day of 4 1976, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation, hereinafter referred
to as "City" and RUTH D. MILLER, hereinafter referred to as
"Miller".
W I T N E S S E T H:
WHEREAS, Miller is the owner of that certain parcel
of real property located at 2813 Villa Way, in the City of
Newport Beach, County of Orange, State of California and
described as Lot 23, Block 225 as recorded in Book 5, Page 14
of Miscellaneous Maps, Records of Orange County, California
referred to as Parcel "A"; and
WHEREAS, Miller desires to make improvements to the
structure located on said property to permit her tenant, Jerry
Reinhart, to permit his subtenant, Paula Schoepe (hereinafter
referred to as "Schoepe"), to operate a restaurant which will
require six (6) additional parking spaces, under the provisions
of the Newport Beach Municipal Code; and
WHEREAS, Schoepe has entered into an agreement with
J. L. Edwards, owner of Newport Plating and tenant at 2810 Villa
Way, Newport Beach, owned by Clarence McCulloch, to permit
Miller to use six (6) parking spaces on the property owned by
Clarence McCulloch located at 2810 Villa Way, Newport Beach,
Orange County, California, which property is referred to as
"Parcel B"; and
WHEREAS, the Planning Commission of the City
BK 1176 1 PG 1200
STATE OF CALIFORNIA )
SS
County of Orange )
On June 3 , 1976 before me, the
undersigned a Notar Public in and for said State, personally
appeared toward Rogers known to me to be the
Mayor, and Doris George , 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
SS
County of )
On , 1976, 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 sai State
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORU`�NGE )
On g; �A,40—� _, 1976, before me, the undersigned,
aVotary Public in and for said State, personally appeared
Ifi, A4 whose naVie is subscribed to the within
i s rument Find acknowledged that executed the same.
WITNESS my hand and official seal.
II1111III11111IIIIIIIII IIII IIIIIIIIIIIIIIINIIIIII1111111111IIII II 11111111111 11111111111111 IIII IIiI11111111111111i II. Q I
o OFFICIAL SEAL
JEAN M. RITTER t.
NOTARY PUBLIC -CALIFORNIA
= o PRINCIPAL OFFICE IN
ORANGE COUNTY Nod ry Public in and for said State
IWMy Commission Expires Sept. 24, 1977
Wlllilllilllll/11111111111 WIIIIIIIIIIIII1Y1111111111111111111111111111111111111111111111111111111 t
400
400
Bu i 1761 P61199
Orange, State of California.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
ATTEST:
City Clerk
APPROVED AS-TO FORM:
CITY OF NEWPORT BEACH, A
Municipal Corporation
By YI
Mayor
RU D. MILLER
-3-
v'
0. o
STATE OF CALIFORNIA )
) SS
County of Orange )
MR 6. 14-00
On June 3 , 1976 before me, the
undersigned a Notar Public in and for said State, personally
appeared 'Howard
Roy known to me to be the
Mayor, and____f30r1s George 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
SS
County of )
On , 1976, 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 sai tate
STATE OF CALIFORNIA)
1 ss:
COUNTY OF ORANGE )
On y,4P--1 , 1976, before me, the undersigned,
a Aptary Public in and for said State, personally appeared
-11111+4 1_1 MI I(1- , whose na e is subscribed to the within
i s rument and acknowledged that executed the same.
WITNESS my hand and official seal.
OFFFICIAL
IjN11XNp11nmmm11mIm1111nIMImMn1111M111FIC XrymmmNln1111111111111N1 w i.
SEAL
a JEAN M. RATTER
NOTARY PUBLIC- CALIFORNIA
PRINCIPAL OFFICE IN - -
ORANGE COUNTY No ry Pu 1 i ' n n or said State
My'Commission Expires Sept. 24, 1977
DEC 221975
By +he CITY COUNCIL
CITY, ?P "RONRA T A"-AC']
December 17, 1975
TO:
City Council Meeting December 22, 1975
Agenda Item No. H -2(f
CITY OF NEWPORT BEACH
City Council
FROM: Department of Community Development
SUBJECT: Request for an Off -Site Parking Agreement in
conjunction with the establishment of an out-
door restaurant with on -sale beer and wine. in
Cannery Village.
LOCATION: Lot 23, Block 225, Lancaster's Addition,
located at 2813 Villa Way, on the southwesterly
side of Villa Way between 28th Street and 29th
Street in Cannery Village (outdoor restaurant).
Lot 1, Block 325, Lancaster's Addition,
located at 2810 Villa Way, on the northeasterly
side of Villa Way between 28th Street and 29th
Street in Cannery Village (off -site parking lot).
ZONE: M -1
APPLICANT: Paula Schoepe, Newport Beach
OWNER: Ruth D. Miller (restaurant site)
Clarence McCulloch (off -site parking lot)
Application
This application requests approval of an off -site parking agreement
in conjunction with the establishment of an "outdoor" restaurant
facility with on -sale beer and wine in Cannery Village. In accord-
ance 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
u
TO: City Council - 2.
7
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 20, 1975, the Planning Commission voted
(6 Ayes, 1 Absent) to approve Use Permit No. 1775 which will allow
(a) the establishment of an "outdoor" restaurant with on -sale beer
and wine, (b) a waiver of the development standards for "outdoor"
restaurants as they pertain to circulation, walls and landscaping,
(c) a waiver of twenty -four of the required thirty -four parking
spaces, and (d) an off -site parking arrangement for six automobiles
in an off -site location. 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
Ruth D. Miller.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By o&� 9.
JAPES D. HE WICKER
As istant Director - Planning
JDH /kk
Attachments for Council only:
Planning Commission Staff Report dated 11/14/75
Excerpt of Minutes from Planning Commission Meeting of 11/20/75
0
P
Planning Commission Meeting Nov. 20, 1975
Item No. 6
November 14, 1975
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM:
Department
of
Community Development
SUBJECT:
Use Permit
No.
1775 (Public Hearing)
LOCATION:
ZONE:
APPLICANT:
OWNER:
Application
Request to permit the establishment of an outdoor rest-
aurant with on -sale beer and wine in the M -1 District, and
the acceptance of an offsite parking agreement for a
portion of the required parking spaces. The proposed
development includes one parallel parking space that
encroaches to within 7 feet of the rear property line
(where the Ordinance requires a minimum 10 foot rear
yard setback in the M -1 District when abutting an
alley).
Lot 23, Block 225, Lancaster's Addition, located at
2813 Vill.a Way, on the southwesterly side of Villa Way
between 28th Street and 29th Street in Cannery Village.
M -1
Paula Schoepe, Newport Beach
R. D. Miller, Newport Beach
This application is a request to permit an "outdoor" restaurant with
on -sale beer and wine and to waive a portion of the required develop-
ment standards (i.e., landscaping, parking, walls, etc.) for said
restaurant's use. In accordance with Section 20.30..040 (b) of the
Newport Beach Municipal Code, "outdoor" restaurants in an M -1 District
require the securing of a use permit in each case.
This application also requests approval of an offsite
ment for a portion of the required parking spaces for
restaurant use. In accordance with Section 20.38.040
Beach Municipal Code, the Planning Commission shall n
the City Council shall not approve off - street parking
from the building site or sites unless:
parking agree -
the proposed
of the Newport
Dt recommend and
on a separate lot
(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).
(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,
TO: Planning Commission - 2.
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.
In addition to the approvals above, this application also requires a
setback modification for one of the proposed on -site parking spaces
that encroaches to within 7 feet of the rear property line where the
Ordinance requires a 10 foot rear yard setback in the M -1 District when
abutting an alley. Modification procedures are contained in Chapter
20.47 of the Newport Beach Municipal Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is
categorically exempt under Class I (Existing Facilities) from the
provisions of the California Environmental Quality Act.
Conformance With General Plan
The Land Use Element of the General Plan designates the site for
"Recreational and Marine Commercial" and "General Industrial" uses.
The proposed restaurant facility falls within the permitted uses.
The area is also designated for a Specific Area Plan.
Subject Property and Surrounding Land Use
A storage building, metal shed and three on -site nonconforming parking
spaces exist on the property in question. The metal shed, located at
the rear of the site within 2 feet of a 10 foot wide alley, will be
removed in conjunction with the proposed development. To the north,
is an architectural office building; to the east, across Villa Way,
is the Newport Plating Company facilities and 5 proposed offsite
parking spaces for the restaurant use; to the south, are art galleries
and then a cabinet shop; and to the west, across a 10 foot wide alley,
are commercial and residential uses fronting on Newport Boulevard
(northbound).
Analysis
The applicant proposes to utilize the existing building and a land-
scaped brick patio area in front of the structure for the sale of
soups, salads, sandwiches, cheeses, fruits, and several specialty
items. The menu will also include coffees, teas, pastries, and beer
and wine.
The hours of operation for the proposed development are from 11:00 A.M.
to 7:00 P.M., but only the above mentioned items will be served (i.e.
there will be no breakfast or dinner menus). Only two employees will
be on duty at all times during regular business hours.
The applicant is proposing to use six tables with twenty four seats
inside the existing structure and three tables with twelve seats in
the patio area, for a total of thirty six seats.
Offstreet Parkin
The Municipal Code requires one parking space for each employee on
duty during peak hours and one parking space.for each 50 square feet of
gross floor area contained within the restaurant areas. Thirty four
(34) parking spaces would therefore be required, since there will be a
maximum of two employees on duty at one time, and there is approximately
900 sq. ft. of area within the structure (including the construction of
restroom -Facilities as required by Code) and 660 sq. ft. of area in the
patio area (i.e. 1560 sq.ft. 50 sq.ft. t 2 spaces for employees =
34 spaces).
Item No. 6
TO: Planning Commission - 3.
Staff feels that some of the parking spaces should be waived, since
it appears that the proposed restaurant will substantially cater to
people who are already shopping in Cannery Village, or from employees
who walk or ride bicycles from nearby office or manufacturing build-
ings. However, staff is of the opinion that at least 10 parking spaces
should be provided for the proposed restaurant use, either on -site or
in an approved offsite location.
The proposed development includes three parking spaces that exist in
front of the restaurant. The three spaces are nonconforming, since
automobiles leaving the spaces have to back out onto Villa Way. One
parking space for one of the restaurant employees is proposed to be
located to the rear of the structure when the metal shed is removed
from the site. The subject 8 foot wide parking space will encroach
to within 7 feet of the rear property line where the Ordinance requires
a minimum 10 foot rear yard setback in the M -1 District when abutting
an alley. The Traffic Engineer has no strong objections to the proposed
employee parking space, °since the encroachment is minor in nature, and
there is a minimum 20 foot building setback on the opposite side of the
alley that will allow vehicular maneuverability in the subject 10 foot
wide alley. The three existing parking spaces on the front of the lot
are adequate for the restaurant use, since the 20 foot deep stalls will
allow automobiles to be parked without encroaching into the street
right of way.
The applicant also proposes to utilize an existing nonconforming parking
area across Villa Way on the Newport Plating Company property for 5
offsite parking spaces. The Traffic Engineer is very concerned with
the proposed offsite parking area and feels that the spaces should not
be permitted on a permanent basis for the following reasons:
1. The approval of the parking spaces would constitute a blanket
approval for all future requests to take direct access from
a street for parking which is not permitted by Code.
2. The proposed parking lot would preclude any future curb,
gutter, or sidewalk on this portion of Villa Way, thus eliminat-
ing two on-street parking spaces.
3. The depth of the existing parking area is only 16 feet 7 inches ±
between an existing chain link fence and the street right -of-
way where the Ordinance requires a minimum 18 foot deep space.
Some automobiles parked in the lot would therefore encroach into
the street right -of -way.
4. The approval of the subject offsite parking spaces may be in
conflict with the pending Specific Area Plan study for
Cannery Village.
Staff therefore recommends that an offsite parking lot for at least
six automobiles in a different location with Commission approval should
be required in conjunction with the proposed development.
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 "outdoor"
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, signing,
underground utilities, and storage.
Section 20.53.130 of the Municipal Code states that the Planning Commis-
sion shall have the right to waive or modify any of the above mentioned
development standards for "outdoor" restaurants if such modification
or waiver will achieve substantially the same results and will in no
way be detrimental to adjacent properties or improvements than will
the strict compliance with said conditions.
Item No. _6
T0: Planning Commission - 4.
Staff is of the opinion that the proposed restaurant use would be
compatible with the surrounding development and feels that the on
site development standards as they apply to circulation, walls and
landscaping, should be waived. However, the proposed development is
marginal at best unless some of the required parking spaces are included
in the plans as mentioned above.
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 suggests that the Planning Commission make the following findings
in conjunction with Use Permit No. 1775 if the Commission desires to
approve the applicant's request:
1. That the proposed development is consistent with the
General Plan and is compatible with surrounding land uses.
2. Ten parking spaces onsite or in an approved offsite location
for the proposed development is adequate, since the "outdoor"
restaurant will substantially cater to people who are already
shopping in Cannery Village or who walk or ride bicycles to
the site.
3. That the Police Department has indicated that they do not
comtemplate any problems.
4. That the waiver of the development standards as they pertain
to a portion of the required on -site parking and circulation,
walls and landscaping, will be of no further detriment to
adjacent properties inasmuch as the site has been developed
and the structure and brick patio have been in existence for
many years.
5. That the establishment, maintenance or operation of the use
of the property or building 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 injurious to property and improvements in the
neighborhood or the general welfare of the City and further
that the proposed modification is consistent with the
legislative intent of Title 20 of this Code.
6. The approval of Use Permit No. 1775 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.
The following conditions of approval are recommended if the Commission
approves the applicant's request:
1. That development shall be in substantial conformance with the
approved plot plan.
2. That the existing metal shed located on the rear of the site
shall be removed so as to allow one employee parking space
adjacent to the 10 foot wide alley. Said parking space shall
be paved with asphalt, concrete, or other street surfacing
material of a permanent nature.
Item No. 6
i
TO: Planning Commission - 5.
3. That the restaurant facility shall not be open for business
prior to 11:00 A.M. or after 7:00 P.M.
j 4. That all new exterior lighting and signs shall conform
to Chapter 20.53 of the Newport Beach Municipal Code.
5. That all mechanical equipment and trash areas shall be
screened from public streets, alleys, or adjoining properties.
6. That a maximum of three tables with twelve seats shall be
permitted in the patio area and six tables with twenty four
seats shall be allowed within the structure, for a total of
thirty six seats.
7. 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.
8. That this approval shall be for a period of two years, and
any extension shall be subject to the approval of the
Modifications Committee.
9. That the development standards related to circulation,
walls, landscaping and a portion of the parking requirements
are waived.
10. That an offsite parking agreement shall be approved by the
Planning Commission and the City Council, guaranteeing that a
minimum of 6 parking spaces shall be provided on an approved
site for the duration of the restaurant use on the property
in question.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
By le
��illiam R. Layco ,
Senior Planner
WRL /sh
Attachments: Vicinity Map
Letters from Property Owner and Tenant of Newport
Plating Co.
Plot Plan
Parking Layout
Item No. 6
sCe "AP "0.
a
508TECT
C-1 v m I
cr 'Z
c"
. . . . . . . . . . . 71. t 29 1N sr 5r
-C
cl
N, Sr-
9 A, C-1 AREA
C'o
';VC,
P-C
\-1V-EWP 012 T
.Sr MAP A✓0. 9
DISTRICTING M A P
NEWPORT BEACH -- CALiFOHNIA
EIA74� MUITINLE RESIDENT,.,
ST.NCLE FAM.' • IT!',; I LIGHT CU -EPCIGL
DUPLEX RESIDIFITIAL CEN"Ml-
`E-�T . D. 11 '-LE
UU( ORD No .3;
J17i UNCI.Gr'WILU DEC V.19j0
VSO 0
5� 'Pgli M IT NO. 1775
Oct. 9, 1975
I agree to lease, with opton to renew, the parking area adjacent to
Newport Plating atA!.�/G' Villa day for her restaurant proposed at
2811 Villa Way.
As my business is restricted to manufacturing I am not required by
the City to have any parking area. _. --
--
Nc-i-ember 14, 1975
A5
the lessee of the
property
I
own
at 2810 Villa IA!LV
(N<" Hubar� s
is
fr:Ie to Oz�sjgnate
tha use
of
the
property there as
he wishes.
n?ce Fz"-Ilorh
ent IX
DAFT MMINUTES \A F Z N
November 20, 1975 D
niissioner Seely commented that while an appli-
ca should not be penalized for prior mistakes,
also a should not benefit by prior mistakes and
felt t t the owner was well aware of the original
conditioft of approval and could have prevented
the error 6m occu ring in the first place. Also,
consideratio should be given to the recent con-
cerns with sig 'ng throughout the City, especially
the signing on t 1 buildings, and development of
the proposed sign INCdinance.
Commissioner Parker co curred with Commissioner
Seely and also felt tha the location of the bank,
in terms of identification was better than most
others in the community and hat all banks should
labor under the same sign res fictions.
Commissioner Beckley commented th if the pro-
posed sign ordinance had been adopt it would
not have prohibited signing of an app priate
size being placed on the building.
X X X X X Following the discussion, motion was voted and
X carried.
Request-to permit the establishment of a cafe with
on -sale beer and wine in the M -1 District, and the
acceptance of an offsite parking agreement for a
portion of the required parking spaces The pro-
posed development includes one parallel parking
space that encroaches to within 7 feet of the rear
property line (where the Ordinance requires a
minimum 10 foot rear yard setback in•the M -1
District when abutting an alley).
Location: Lot 23, Block 225, Lancaster's
Addition, located at 2813 Villa Way
on the southwesterly side of Villa
Way between 28th Street and 29th
Street in Cannery Village.
Zone: M -1
Applicant: Paula Schoepe, Newport Beach
Owner: R. D. Miller, Newport Beach
Public hearing was opened in connection with this
matter.
Paso R_
Item ,i6
USE
PERMIT
1775
APPROVED
C ON DI-
TIONALI Y
A
Z
r
I
i
-COMMISS1ONER5
c
T m
Z-
rs
Paula Schoepe, 502 E. Bay, applicant, appeared
41F 11Y vr' mt'vvi vKI
NmramhAr 9n 107G
W%. n
DRAFT
MINUTES
Paula Schoepe, 502 E. Bay, applicant, appeared
before the Commission in connection with this
request. She felt that because of the uniqueness
of the area and the operation of the proposed
business, additional parking would not be neces-
sary and advised there was no place in the area
where she could provide the additional parking
spaces recommended by the staff.
Assistant Community Development Director Hewicker
advised that the parking proposed by the applicant
was. located on property presently utilized by a
plating company which was an industrial use and
had no parking requirements under the Municipal
Code, however, there were parking needs. He
commented on the concerns of the Traffic Engineer
as to the size and arrangement of the parking
spaces as outlined in the staff report and the
recent criticism of the City in allowing cars to
back out on 28th Street from a parking area.
Jerry Rinehart, 428 Orion Way, appeared before
the Commission and commented on his observation
that the spaces were usually 2 /3rds vacant and
that traffic coming to the immediately adjacent
businesses were only parked for approximately 15
to 30 minutes. He felt that the proposed restau-
rant would not cause additional congestion and
that there was a need for this type of restaurant
in the area.
There being no others desiring to appear and be
heard, the public hearing was closed.
As to the concerns of the Traffic Engineer,
Commissioner Beckley pointed out that each use
permit was considered on its own merit and this
would not constitute blanket approval. Also, in
viewing the actual site and observing traffic, he
did not feel there would be any traffic or backing
problems on Villa Way which is a one -way street
because of the configuration of the parking on the
plating company site.
Planning Commission discussed the uniqueness of
the area, the apparent.compatability between cars,
bicycles and pedestrians, and the aspects of a
specific area plan and related parking.
%ration
X
following discussion, motion was made that Plan-
ning Commission make the following findings:
Page 9.
COMMISSIONERS
• CITY OF j,,1 WPORT
@EACH
m n ? <
m
a
y
MINUTES
m m p�
%Z'
DRAFT
N
with the General Plan and is compatible with
rw„
November 20. 1975
1. That the proposed development is consistent
with the General Plan and is compatible with
surrounding land uses.
2. Four parking spaces onsite plus six parking
spaces located on the plating company site
across the street are adequate for the pro-
posed development, since the "outdoor" restau-
rant will substantially cater to people who
are already shopping in Cannery Village or who
walk or ride bicycles to the site.
3. That the Police Department has indicated that
they do not contemplate any problems.
4. That the waiver of the development standards
as they pertain to a portion of the required
on -site parking and circulation, walls and
landscaping, will.be of no further detriment
to adjacent properties inasmuch as the site
has been developed and the structure and
brick patio have been in existence for many
years.
5. That the establishment, maintenance or opera-
tion of the use of the property or building
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 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 and further that the proposed modifica-
tion is consistent with the legislative intent
of Title 20 of this Code.
6. The approval of Use Permit No. 1775 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.
and approve Use Permit No. 1775, subject to the
following conditions:
1. That development shall be in substantial
conformance with the approved plot plan.
Page 10.
COMMISSIONERS OCi T Y OF NEWPORT ONCW
G� ^` m ➢ m m �
DRAFT
Z
CALL November 20, 1975
2. That the existing metal shed located on the
rear of the site shall be removed so as to
allow one employee parking space adjacent to
the 10 foot wide alley. Said parking space
shall be paved with asphalt, concrete, or
other street surfacing material of a permanent
nature.
3. That the restaurant facility shall not be open
for business prior to 11:00 A.M. or after
7:00 P.M.
4. That all new exterior lighting and signs shall
conform to Chapter 20.53 of the Newport Beach
Municipal Code.
5. That all mechanical equipment and trash areas
shall be screened from public streets, alleys,
or adjoining properties.
6. That a maximum of three tables with twelve
seats shall be permitted in the patio area and
six tables with twenty four seats shall be
allowed within the structure, for a total of
thirty six seats.
7. 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 j
have an automatic fire protection system
installed.
I
8. That this approval shall be for a period of
two years, and any extension shall be subject
to the approval of the Modifications Committee
9. That the development standards related to
circulation, walls, landscaping and a portion
of the parking requirements are waived.
10. That an offsite parking agreement shall be
approved by the Planning Commission and the
City Council, guaranteeing that a minimum of
6 parking spaces shall be provided on an
approved site for the duration of the
restaurant use on the property in question.
Commissioner Seely voiced concern with the
cumulative effect requests of this kind could
have on the area and urged that the sufficiency
and workability of the parking be specifically i
i
Page 11.
r;vaFx
COMMISSIONERS
ALL CALL
yes
bsent
X
X I X I X I X I X
CITY OF NEWPORT OACI-I
MINUTES
November 20. 1975
reviewed at the end of two years when the exten-
sion of the use permit was given consideration.
Commissioner Tiernan commented . on the congestion
and lack of parking in the area and felt that the
staff recommendation was appropriate.
Motion was voted on and carried.
I em No. 7 and Item No. 8 were heard concurrently
be use of their relationship.
Request t establish a Planned Community Develop-
ment Plan d Development Standards for "Civic
Plaza" in N port Center, and the acceptance of
an environmen al document.
Location: I ortion of Block 55, Irvine's
S division, located on Blocks 700
an \Sa in Newport Center, on the
sosterly side of San Joaquin
Hioad between Jamboree Road
anto Cruz Drive.
.Zone:
Applicant:
Owner
RR
The Irvine\ompany, Newport Beach
Same as Appli ant
Request to subdivide 26 acres ± int 3 parcels for
professional offices, civic and cult al uses in
accordance with the Planned Community evelopment
Standards for "Civic Plaza."
Location: Portion of Block 55, Irvil s
Subdivision, located on Blo ks 700
and 800 in Newport Center, of the
southwesterly side of San Joa in
Hills Road between Jamboree Roa
and Santa Cruz Drive.
Page 12.
Item #7
A14EN DMEW
NO. 455
APPROVED
IT +am £R
RESUB-
DIVISION
APPROVED
COi;DI—
TIONALLY
RESOLUTION NO. 8 6 7 5
DE C 2 2 1975
A RESOLUTION OF THE CITY COUNCIL OF THE CITY �
By }he CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
CITY y�wpRS REACH AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND RUTH D. MILLER AND CLARENCE
McCULLOCH (2813 VILLA WAY)
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 Ruth D. Miller and
Clarence McCulloch in connection with 2813 Villa Way; and
WHEREAS, the City Council has considered the terms
and conditions of said off -site parking 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 22nd day of December , 1975.
yor
ATTEST:
City Clerk
DDO /bc
12/19/75
DEC 2 2 1975 RESOLUTION NO. 8675
By +be CITY COUNCIL RESOLUTION OF THE CITY COUNCIL OF THE CITY
CITY OF MST F NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND RUTH D. MILLER AND CLARENCE
McCULLOCH (2813 VILLA WAY)
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 Ruth D. Miller and
Clarence McCulloch in connection with 2813 Villa Way; and
WHEREAS, the City Council has considered the terms
and conditions of said off -site parking 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 22nd day of December , 1975.
yor
ATTEST:
City Clerk
DDO /bc
12/19/75