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
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EXHIBIT 1
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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
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USE ?f-IM T NO. 1-742
DISTRICTING
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USE ?f-IM T NO. 1-742
COMMISSIONERS •
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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
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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