Loading...
HomeMy WebLinkAboutC-1823 - Off-site parking agreementRECORDING REQUE D BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 32430 n 0 1824PG 202 RECORDED kN QFFIC" RE0Zsr'0'8 EXEMPT OF ORAN(aR_ COUN , C&.1RNIA C 9 qzm A.M. JUL 23 1576 J. WYLIE CARLYLE, CDOY Rec®rder Space Above This Line for Recorder's Use Free recording requested by City of Newport Beach pursuant to Govt. Code 6103 OFF-SITE PARKING AGREEMENT (Martenson - 4110 MacArthur Boulevard) City Clerk THIS AGREEMENT is made and entered into this�a day of 1976, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and IRVIN W. MARTENSON, a married man, hereinafter referred to as "Martenson". W I T N E S S E T H: RECITALS: A. Martenson has received approval of Use Permit No. 1742 by the Planning Commission of the City of Newport Beach which permitted the establishment of a restaurant known as "Lakeside Restaurant" with live entertainment and said Use Permit was amended to allow dancing as well, which restaurant is located in Koll Center Newport at 4110 MacArthur Boulevard, and is more particularly described as: "A portion of Lot 5 of Tract 7953 per map recorded in Book 310, pages 7 - 11 inclusive, of Miscellaneous Maps, Records of Orange County, State of California. hereinafter referred to as Parcel "A", and shown generally on Exhibit "1" attached hereto for reference purposes only. B. The operation by Martenson of said restaurant facility requires not less than twenty-one (21) off-street automobile parking spaces located off-site of Parcel "A". C. Martenson has leased from Koll Center Newport and Koll Center Newport Number 5, certain property adjacent to 8K ! 1824 PG 203 Parcel "A", hereinafter referred to as Parcel "B", and shown generally on Exhibit "l", attached hereto for reference purposes only. D. On April 1, 1976, the Planning Commission of the City of Newport Beach approved Amended Use Permit No. 1742 to permit dancing in said establishment "Lakeside Restaurant" and recommended approval of an Off -Site Parking Agreement between Martenson and the City on the property leased by Martenson from Koll Center Newport and Koll Center Newport Number 5. On June 14, 1976, the City Council of the City of Newport Beach approved the Off -Site Parking Agreement between Martenson and the City of Newport Beach to permit Martenson to use the property leased from Koll Center Newport and Koll Center Newport Number 5 to provide off-street automobile parking as required by the Newport Beach Municipal Code. NOW, THEREFORE, in consideration of the approval by the City of Martenson's intended use of the property designated hereinabove as Parcel "A", it is agreed by the City and Martenson as follows: 1. For so long as Martenson uses Parcel "A" as the site for a restaurant facility together with live entertainment and dancing, Martenson or his successor in interest will provide not fewer than twenty-one (21) off-street automobile parking spaces on the property adjacent thereto known as Parcel "B" leased from Koll Center Newport and Koll Center Newport Number 5. 2. In the event the use of the off-street automobile parking spaces as described in paragraph 1 should be terminated for any reason, Martenson will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be approved by the City, or if substitute parking facilities are not obtained, Martenson shall eliminate patron dancing or reduce the occupancy load of the restaurant to such a level to be consistent with the off-street automobile parking then available -2-- Ex 1 1824?G 204 to Martenson on Parcel "A" measured by the City of Newport Beach parking standards then in effect. 3. This Agreement shall run with the property owned by Martenson and described hereinabove as Parcel "A" and shall bind the heirs, successors, devisees and assigns of the parties hereto, and 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 caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH, A. Municipal Corporation By aayor7-'��n�3 ATTEST: City Clerk 14 IRVIN W. MARTENSON A PROV Q F s c t. Assistant City torney STATE OF CALIFORNIA ss. COUNTY OF Orange On TulV -E. 19 76 before me, the undersigned, a Notary PubGic in and for said State, personally appeared Irvin W. Martens— on-- known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that— he executed the same. WITNESS my hand an official seal. Signature Pamelia E. Baggarley Name (Typed or Printed) (This area for official notarial seal) -3- HRC:yz 6/7/76 OFFICIAL SEAL PAMELIA E. BAGGARLEY f_?jn NOTARY PUBLIC • CALIFORNIA r ' PRINCIPAL OFFICE IN ` ORANGE COUNTY My Commission Expires April_ l 116, 1979 (This area for official notarial seal) -3- HRC:yz 6/7/76 BX 118,?4P6 205 STATE OF CALIFORNIA ) SS County of Orange ) On July 20 , 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared Howard 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. %yes F*�4 DOIrOT!_.!Y L. PAUEN N0-/:[2�' PUOLIC ,_On C ;LIQ � °i!A t,;a;;✓�fr PMNC;i3AL O , ICE IPJ ORANGE COUNTY My Commission Expires Feb, 9, 1977 STATE OF CALIFORNIA SS County of �C;e hzo-, Notary Publd- in and for said State On , 1976, before me, the undersigned, a Notary Public in and for said State, personally appeared —1 , known tome to be the President, and `��'�,at_>/��� 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 an or said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1976, before me, the undersigned, a. Notary Public in and for said State, personally appeared whose name is subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State 8K I I 824?G 206 /0, PARCE L gr -T 3`ki. AJ L Z -Z. /0 V, I P CEL t A EXHIBIT 1 4b ft CITY OF NEWPORT BEACH CALIFORNIA July 21, 1976 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Site ParkLc Aaraemmt from Irvin W. Martenson for varkina purposes. Authorized by Resolution No.8794 . City Manager authorized by Resolution No. 6773 to accept easement deeds. Doris George City Clerk DG:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 640 -2251 ft ft RESOLUTION NO. 8 79 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 IRVIN W. MARTENSON IN CONNECTION WITH DANCING IN "LAKESIDE RESTAURANT ", KOLL CENTER NEWPORT 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 Irvin W. Martenson in connection with dancing in "Lakeside Restaurant ", Koll Center Newport; and WHEREAS, the City Council has reviewed the terms and conditions of said Off -Site Parking Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Off -Site Parking Agreement; 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 14th day of June , 1976. ATTEST: City Clerk yor DDO:yz 6/8/76 JUN 14 1976 By CITY qg Ci NCI% JAI June 9, 1976 TO: City Council Meeting June 1 Agenda Item No. H -2 CITY OF NEWPORT BEACH City Council FROM: Department of Community Development SUBJECT: Request for an Off -site Parking Agreement in connection with the requested amendment to Use Permit No. 1742, which will permit dancing in addition to live entertainment in the Lakeside Restaurant, located at 4110 MacArthur - Boulevard, on "the easterly side of MacArthur Boulevard between Birch Street and Von Karman Avenue in Koll Center Newport. LOCATION: Parcel 1, Parcel Map 61 -1 (restaurant and on -site parking) Parcel 2, Parcel Map 68 -31 (off -site parking) ZONE: P -C APPLICANT: Irvin W. Martenson, Fullerton OWNERS: Irvine W. and Cheryl Martenson (restaurant site) Koll Center Newport (off -site parking spaces) Application 4, 1976 This application requests approval of an off -site parking agreement for a portion of the parking required by Use Permit No. 1742 (Amended) which will permit dancing as well as live entertainment in the subject restaurant. In accordance with Section 20.30.035(D) 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 TO: City Council - 2. 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. Suggested Action If desired, adopt Resolution No. authorizing the execu- tion of an off -site parking agreement between the City of Newport Beach and Irvin W. Martenson. Planning Commission Recommendation At its meeting of April 1, 1976, the Planning Commission voted (6 Ayes, 1 Absent) to approve Use Permit No. 1742(Amended) with the following findings and subject to the following conditions. A. FINDINGS 1. That the proposed use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Koll Center Newport." 2. That the establishment of a dance floor will be compatible with the approved restaurant facility. 3. Adequate parking can be provided for the proposed development if an off -site parking agreement is obtained which provides for additional parking spaces in the adjoining common parking area during the evening hours and on weekends. 4. The Police Department has indicated that they do not contemplate any problems with the proposed development. 5. The approval of Use Permit No. 1742 (Amended) 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. B. CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted in Condition No. 2. 2. That the dance floor shall be increased to a minimum size of 400 sq.ft. unless a cafe permit is approved by the City Manager or the City Council which pro- vides for a smaller dance floor. 3. That all applicable conditions of approval of the original Use Permit No. 1742 shall be fulfilled. 4. That an Off -site Parking Agreement shall be approved, which provides a minimum of one space for each thirty - five square feet of net public area in the adjoining common parking area (i.e., Parcel 2 of Parcel Map 63- 31 - Resubdivision No. 457) during the evening hours and on weekends for the duration of the proposed development on the site. Backqround At its meeting of December 5, 1974, the Planning Commission approved Use Permit No. 1742 to permit live entertainment in conjunction with TO: City Council - 3. • the "Lakeside" Restaurant. The use permit application was only required for the introduction of live entertainment. The restau- rant itself was a permitted use and could have been constructed on the site without the approval of a use permit, since the building permits were issued prior to the amendment to the Planned Community Development Standards that now require the securing of a use permit for any restaurant use in "Koll Center Newport." Building Permits were subsequently issued for the restaurant which is nearing com- pletion. One hundred and forty (140) parking spaces were required for the existing restaurant facility, based upon the former restaurant parking requirements of one parking space for each three occupants, in addition to one parking space for each 1.1 employee on duty dur- ing peak hours (i.e., 123 spaces for the occupant load of 367 persons plus 17 spaces for 19 employees = 140 spaces). The existing on- site parking lot has the required number of 140 parking spaces. The proposed dance floor is located in the cocktail lounge and has an area of 267 sq.ft. Section 5.32.040 of the Newport Beach Munici- pal Code provides that a minimum 400 sq.ft. dance floor is required where the seating capacity is in excess of seventy -five persons. However, a cafe dance permit may be issued where less space is available upon the affirmative finding by the City Manager or by the City Council that the area reserved for dancing is separate from the general seating of the patrons and the physical arrangement of the establishment in other respects is such that the lesser space would provide adequate room for dancing. A permit for the dance floor was granted by the City Manager on April 9, 1976. Based upon the requirement recommended by the Planning Commission, one hundred and sixty -one (161) parking spaces would be required for the restaurant use with the dance floor. Inasmuch as one hun- dred and forty (140) spaces have already been provided on site, the applicant has been required to provide an additional twenty -one (21) spaces off site. To satisfy this requirement, the applicant has obtained the use of a maximum of twenty -eight (28) spaces in the common area between the restaurant site and the City National Bank building at the corner of MacArthur Boulevard and Von Karmen Avenue in Koll Center Newport. These spaces will be available to the applicant after 6:00 P.M. each day when the dance floor is being utilized. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By i.Lfl JA ES D. Ht-WICKER A-ss)stant Director - Planning JDH /kk Attachments for City Council Only: 1. Vicinity Map 2. Excerpt from minutes of Planning Commission Meeting of 4/1/76 3. Memo from City Manager II rl `I 7� P-C p..0 P-C P-C PLC P.c toy P-C p-c Z!� I v BEACH P -C CALIFORNIA P-rd .o, I USE ?f-IM T NO. 1-742 DISTRICTING MAP NEWPORT r i :7— 1 L.Q"T I [.Cj [7111 C*.A*'. Ddl..T I v BEACH P -C CALIFORNIA P-rd .o, I USE ?f-IM T NO. 1-742 COMMISSIONERS • vc m .4 m $ m CITY OF NEWPORT BEACH m x m v� x m A J ; MINUTES � N N ROLL CALL °z April 1, 1976 INDEX with the surrounding land uses, and will not have any significant environmental impact. 2. The required off - street parking spaces on a separate lot from the building site is justi- fiable for the following reasons: a. The applicant has a 5 -year lease for the use of the off -site parking lot during the 'evening hours when the restaurant facility is,oi),en for business. b. The subje parking lot is so located as to be usefu to the restaurant facility. c. Parking on the sub' ct 10t will not create undue hazards in the rroouunding area. and recommend to the City Council that the Off -Site Parking Agreement be amended, guarante-edng that a minimum of 40 parking spaces shall be p vided on Parcel 1 of Parcel Map 68 -48 (Resubdivisi No. 421), the South Coast Shipyard and Design Cente site, for the duration of the restaurant use on the property in question. tem #7 Request to amend a previously approved use permit SE that allowed live entertainment in the "Lakeside" ERMIT Restaurant in "Koll Center Newport" so as to permit 0. 1742 dancing in the restaurant facility. AMENDED Location: Parcel Map 61 -1 (Resubdivision No. PPROVED 399) located at 4110 MacArthur ONDI- Boulevard, on the easterly side of ION LLY MacArthur Boulevard between Birch Street and Von Karman Avenue in Koll Center Newport. Zone: P -C Applicant: Irvin W. Martenson, Fullerton Owner: Irvin W. and Cheryl Martenson, Fullerton Public hearing was opened in connection with this matter. Page 14. COMMISSIONERS m A m v m CITY OF M a m D x m F .a { m F T A < 0 p N N ROLL CALL oz April 1, 1976 • NEWPORT BEACH MINUTES uncv Lawrence Hutner, Architect with Hutner and Appel, appeared before the Commission on behalf of the applicant. He commented on the size of the dance floor proposed and was advised by the staff that the Commission had no jurisdiction over this matter which falls under the provisions of a cafe ! permit approved by the City Manager or City Council. li Mr. Hutner commented on the calculations of the net public area as stated in the staff report and felt they were incorrect as he had figured 5,505 square feet was the total and this would affect I I the number of parking spaces required. Planning Commission inquired of Mr. Hutner whether it would be agreeable to require one parking space for each 35 square feet of net public area rather than stipulate the actual number of spaces and he agreed. j Irwin Millman, co -owner of the Lakeside Restaurant, appeared before the Commission to comment on the operation of the proposed entertainment and danc- ing. There being no others desiring to appear and be heard, the public hearing was closed. Motion i X Motion was made that Planning Commission make the Ayes Xj XIX X X X following findings: Absent iX 1. That the proposed use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Koll Center Newport." I 2. That the establishment of a dance floor will be compatible with the approved restaurant facility. 3. Adequate parking can be provided for the pro- posed development if an offsite parking agree- ment is obtained which provides for additional parking spaces in the adjoining common parking area during the evening hours and on weekends. � I 4. The Police Department has indicated that they do not contemplate any problems with the pro- posed development. 5. The approval of Use Permit No. 1742 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, Page 15. COMMISSIONERS • • 0 m m V. m ? CITY OF NEWPORT BEACH { p A < m MINUTES x N « i April 1, 1976 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 i general welfare of the City. and approve Use Permit No. 1742 (Amended), subject j i to the.following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and floor plan, except as noted in Condition No. 2. 2. That the dance floor shall be increased to a minimum size of 400 sq. ft. unless a cafe i permit is approved by the City Manager or the City Council which provides for a smaller dance floor. 3. That all applicable conditions of approval of the original Use Permit No. 1742 shall be fulfilled. 4. That an Offsite Parking Agreement shall be approved, which provides a minimum of 1 space for each 35 square feet of net public area in the adjoining common parking area (i.e. Parcel 2 of Parcel Map 63 -31 - Resubdivision No. 457) during the evening hours and on weekends for the duration of the proposed development on the site. Item #8 USE PERMIT . 1787 I Request to replace and relocate an existing drive- up teller facility in conjunction with the Califor- is First Bank complex. APPROVED Locati Lot 8, Tract No. 4225, located at 1501 Westcliff Drive, on the south- CONDI- i esterly corner of Westcliff Drive IONALLY an Dover Drive adjacent to West- cliff. i Zone: C -N -H Applicant: California First Ban San Diego Owner: Morris Gold, Richard Gold, Charles I. Gold, Newport Beach Page 16. } CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 9, 1976 i DICK HOGAN, DIRECTOR TO: COMMUNITY DEVELOPMENT DEPARTMENT FROM: City Manager SUBJECT: APPROVAL OF DANCE FLOOR AREA I have reviewed Mr. Irwin Milman's restaurant characteristics for the Lakeside Restaurant. I have concluded that a variance as permitted in Section 5.32.030 of the Municipal Code is justified and pursuant to the above section, have granted a permit for the dance floor ROBERT L. WYNN RLW:ib cc: Dave Larson, License Supervisor J� .: 1. - APR c1ry or \NFWPORf EACH/ i iiIN 141976 gy the CITY COUNCIL Cd71� 91! KOOKI MACH RESOLUTION NO. 8 19 `} 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 IRVIN W. MARTENSON IN CONNECTION WITH DANCING IN "LAKESIDE RESTAURANT ", KOLL CENTER NEWPORT 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 Irvin W. Martenson in connection with dancing in "Lakeside Restaurant ", Koll Center Newport; and WHEREAS, the City Council has reviewed the terms and conditions of said Off -Site Parking Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Off -Site Parking Agreement; 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 14th day of yor ATTEST: City Clerk June , 1976. DDO:yz 6/8/76