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Home My WebLink AboutC-1824 - Off-site parking agreementOA OF NEWPORT BQACH MEMORANDUM: Fmm /77 -! P- - d-- - - - - -- .... gay Reptro sorwwt mummm o ..... -.� ......... . . . .:y 19.24 �Vk)A-W wawoJ jauko . CA - ij d-� qll" i • is • TO: FROM: 0 City Council City Council Meetil November 14, 1983 Agenda Item No. F -3(b) CITY OF NEWPORT BEACH Planning Department 1Q _ _ By THE CITY COUNCIL CITY OF NEWPORT BEACH NOV 14 1983 ll.rur� m ra'k __ Request to accept and approve an off -site parking agreement for a portion of the required parking spaces in conjunct' nwith the lunch time operation during the week in the } }1T facility. The proposed off -site parking lot is located to the rear of the "Flower Man" facility on the northerly side of East Coast Highway. LOCATION: Lots No. 5 and 6, Block B, Tract No. 470, and Lots No. 7 and 9, Block 730, Corona del Mar Tract; located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingway's, Corona del Mar OWNER: James B. Wood, Corona del Mar Application This is a request for the acceptance of an off -site parking agreement in conjunction with the opening of Hemingway's Restaurant for lunch during the week. In accordance with Section 20.30.035, B. 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 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). r' ETC: City Council - 2. d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and • content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. Suggested Action If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement with Randall H. Johnson of Hemingway's Restaurant and Serafino J. Porto of the "Flower Man." Planning Commission Recommendation At its meeting of September 22, 1983, the Planning Commission voted (4 Ayes, 3 Noes) to approve Use Permit No. 1778(Amended) that permitted a change in Hemingway's Restaurant's hours of operation so as to permit a lunch time operation during the week. The use permit application was approved with the Findings and subject to the Conditions of Approval as indicated in an excerpt of the draft Planning Commission minutes dated September 22, 1983. Condition • of Approval No. 8 provides that the Planning Commission will review this request after six months. Background At its meeting of August 4, 1983, the Planning Commission originally denied (4 Ayes, 2 Noes, 1 Absent) this request to permit the subject restaurant facility to open during the lunch time hours, and to accept the proposed off -site parking agreement, with the following Findings: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch as it is 1100 ft.± from the restaurant. 4. Parking on such off -site lot will create undue traffic hazards in the • surrounding areas. 5. The proposed use of a valet parking service will, under the circumstances of this 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 and be detrimental and injurious to property and improvements in the neighborhood and the general welfare of the City; and further, that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. • • • TO: City &ncil - 3. 6. The approval of Use Permit No. 1778(Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. Subsequently, at its meeting of August 18, 1983, the Planning Commission voted (6 Ayes, 1 Abstain) to reconsider this amended use permit request and off -site parking agreement at its meeting of September 22, 1983. The Planning Commission indicated that the Commission would consider the proposed route of the valet parking service through a residential area to the off -site location. Required Off- Street Parking The Planning Commission required forty parking spaces for the daytime use of the restaurant facility, based upon one parking space for each 40 sq.ft. of "net public area" (159.6± sq.ft. a 40 = 40 spaces). Eight off - street parking spaces are located on site. Under the terms of existing off -site parking agreements between the applicant and the City, the applicant is required to provide not less than thirty -two off -site parking spaces on properties adjacent to the site of the restaurant facility for nighttime use. Inasmuch as none of the existing thirty -two off -site parking spaces are available to the subject restaurant facility at lunch time during the week, a new off -site parking agreement for the required thirty -two parking spaces is necessary. Proposed Off -Site Parking Lot The applicant has submitted a lease agreement indicating the thirty -two parking spaces will be provided behind the "Flower Man" facility on East Coast Highway at Avocado Avenue during the lunch time hours of operation. It is the applicant's intent to establish a valet parking service in conjunction with the daytime use and the off -site parking lot. Three valets will be used. Patrons will drive to the rear of the restaurant facility where valet tickets will be issued. The vehicles then will be moved temporarily to the adjoining lot until they can be transferred to the East Coast Highway location. Upon completion of the meal, the patron's vehicle will be returned to the restaurant site. The off -site parking lot is located approximately 1,100 ft. from the restaurant facility (see attached Vicinity Map). Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the applicant's request. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by g iN WILLIAM R. LAYCOCK f/ Current Planning Administrator WRL /kk Attachments for City Council Only: Planning Commission Minutes of 8/4/83 and Draft Minutes of 9/22/83 Planning Commission Staff Report with attachments Vicinity Map COMMISSIONERS • . MINUTES F 7C August 4, 1983 r • = m ° City of Newport Beach c R o g o z ROLL CALL INDEX C • The public hearing opened in connection with this item and Mr. David Neish, representing the applicant, presented himself to the Commission. After commenting on some issues raised by staff, Mr. Neish introduced the applicant, Randy Johnson. Mr. Johnson stated that he has read the staff report and agrees with the conditions in Exhibit "B ". Mr. Johnson then described the valet parking in relation to the proposed off -site parking lot. When the automobile arrives at the restaurant site an attendant will issue a ticket with a reference number to the person arriving. There will be two runners who will take the automobile across East Coast Highway via - 37 - 0/7 Request to amend a previously approved use permit which Item #14 allowed the establishment of the Hemingway's Restaurant facility with on -sale alcoholic beverages in the C -1 District. The proposed amendment is a request to change the restaurant's hours of operation so as to permit a lunch time operation during the week. The proposal also includes the acceptance of an off -site parking agreement which will provide the additional required daytime restaurant parking spaces. LOCATION: Lots No. 5 and 6, Block B, Tract No. 470; USE PERMIT Lots No. 7 and 9, Block 730, Corona del NO. 1778 Mar Tract located at 2441 East Coast (Amended) Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.$L, off -site parking site), in Corona delthiar. ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingways, Corona del Mar OWNER: James B. Wood, Corona del Mar Bill Laycock, Current Planning Administrator suggested DENIED that there should be a'change in Exhibit "B ", Condition No. 2, guaranteeing that a minimum of thirty -two. parking spaces be provided in the off -site parking lot, instead of thirty spaces. The public hearing opened in connection with this item and Mr. David Neish, representing the applicant, presented himself to the Commission. After commenting on some issues raised by staff, Mr. Neish introduced the applicant, Randy Johnson. Mr. Johnson stated that he has read the staff report and agrees with the conditions in Exhibit "B ". Mr. Johnson then described the valet parking in relation to the proposed off -site parking lot. When the automobile arrives at the restaurant site an attendant will issue a ticket with a reference number to the person arriving. There will be two runners who will take the automobile across East Coast Highway via - 37 - 0/7 L i L M/ UN� • MINUTES ' ; x Aust 4, 1983 � r a C m � a m � N City of Newport Beach moo iaOLL CAII INDEX 0 • the intersections with traffic signals to the off -site parking area. Valet booths in both areas have also been proposed where the telephone company can install an intercom line, and a direct ring to each valet box for constant communication between the two locations. Once the client has finished with lunch and the check is presented, the client will be asked for his or her reference number. At this time the reference will be given to the lot attendant and the automobile will be brought to the restaurant site.' In response to a question posed by Commissioner Goff, Mr. Johnson stated that an estimated round trip from the parking lot would be, on an average, 2 to 5 minutes maximum. In response to a question p6sed by Commissioner Person, Mr. Johnson stated that if Use Permit No. 1778 (Amended) were approved conditionally, he would be willing to accept a modification that this request return to the Planning Commission in 90 days instead of 6 months. Mr. Johnson further commented that between himself, his general manager, his chef, his bookkeeper and one dishwasher, there are times when there are only 5 cars in the parking lot. If these 5 spaces can be freed up by having valet parking, that would give them 5 of the 8 requested parking spaces. In response to a question posed by Commissioner Winburn, Mr. Laycock stated that the Police Department Review Request states that the off -site parking,, north of East Coast Highway, would create a serious hazard for motorists and pedestrians and that it can be anticipated that vehicles will make illegal and unsafe turns to gain access to the restaurant and parking. In response to another question posed by Commissioner Winburn, Mr. Johnson stated that he does not anticipate any self- parking unless the situation mandates it, i.e., handicapped person driving, etc. Mr. Robert Longacre, resident of 701 Carnation, presented himself to the Commission in support of the applicant's request. In response to a question posed by Commissioner Person, Mr. Longacre hopes that the Park Restaurant comes under the same review as Hemingway's has. 38 - I 3 C � 7 • � m �a gust 4, 1983 • of Newport Beach . Mr. Phillip Wale, resident of 520 Dahlia,. presented himself to the Commission stating his approval of the applicant's request as proposed. Ms. Dee Masters, property owner in Corona del Mar, presented herself to . the Commission recommending approval of Use Permit No. 1778. A letter from a Mr. Donald Augustine, 2431 - 4th Ave., Corona del Mar, was read recommending approval of Use Permit No. 1778. 1. Mr. Don Debris, resident of Balboa Island, stated his opinion of the quality of the restaurant and what the applicant and his wife have done for the restaurant, and recommended approval of the applicant's request. Motion X Motion was made for approval of Use Permit No. 1778 Ayes X X (Amended) , subject to the Findings and Conditions in Noes I X X X Exhibit "B ", which MOTION FAILED. nt S X Motion was made for ]denial of Use Permit No. 1778 on on Ayes I X X X (Amended) , subject to the Findings in Exhibit "A ", Noes X X which MOTION CARRIED. Absent FINDINGS: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch as it is ±1100 ft. from the restaurant. 4. Parking on' such off -site lot will create undue traffic hazards in the surrounding area. 5. The proposed use of a valet parking service will, under the circumstances of this 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 and be detrimental and injurious to property an improvements in the neighborhood and the general welfare of the City, and further that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. -39- MINUTES INDEX Motion Ayes Noes It � r a 9 • m g o Ix Ix X 0 0 August 4, 1983 �� 9 �� " 1. 6. The approval of Use Permit No. 1778 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. R 4 k Request to amend a previously approved use permit which permitted the establishment of the "Le Bistro" Restaurant facility with on -sale beer and wine in the C -1 District. The proposed amendment is a request to increase the "net public area" of the restaurant and to add live entertainment (i.e., a piano) to the restaurant operation. ' MD Request to waive all of a additional required off - street parking spaces i conjunction with the expansion of the "net public area" of the "Le Bistro" Restaurant facility. Lots No. 1121, 1122 and a portion of Lot No. 1123, Tract No. 907, located at 3448 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: C -H APPLICANT: Mavis nvestments, dba Le Bistro, Newport Beach OWNER:: Traweek Inve ants, Marina Del Rey Motion was made to continue em No. 15 - Use Permit No. 2020 (Amended) and Item No. - Variance No. 1103, to the Planning Commission meetin of August 18, 1983, • which MOTION CARRIED. r • Request to establish a restaurant facility wi on -sale alcoholic beverages and live entertainment in M -1 -A District. The proposal also includes a reque to construct a monument identification sign within the 5 foot front yard setback and the acceptance of a - 40 - MINUTES INDEX Item #15 USE PERMIT NO. 2020 (Amended) AND Item #16 VARIANCE NO. 1103 Continued to August 18, 1983 Item #17 a-o COMMISSIONERS • :7 *,tember 22, 1983 &AFT MINUTES of Newport Beach INDEX Request to amend a previously approved use permit which Item #20 allowed the establishment of the Hemingway's Restaurant f r facility with on -sale alcoholic beverages in the C -1 u 0 c o m • :7 *,tember 22, 1983 &AFT MINUTES of Newport Beach INDEX Request to amend a previously approved use permit which Item #20 allowed the establishment of the Hemingway's Restaurant facility with on -sale alcoholic beverages in the C -1 USE PERM: District. The proposed amendment is a request to NO. 1778 change the restaurant's hours of operation so as to (Amended permit a lunch time operation during the week. The proposal also includes the acceptance of an off -site parking agreement which will provide the additional required daytime restaurant parking. The proposed off -site parking lot is located to the rear of the "Flower Man" facility on the northerly side of East Coast Highway. One potential route of the valet service for patrons' automobiles to the off -site parking lot is down the alley at the rear of the restaurant site to Fourth Avenue, then to Avocado Avenue, and then across East Coast Highway to the parking lot. LOCATION: Lots No!.. 5 and 6, Block B, Tract No. APPROVED i 470; Lpts No. 7 and 9, Block 730, Corona CONDI- del Mar Tract located at 2441 East Coast TIONALLY Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingway's, Corona del Mar OWNER: James B. Wood, Corona del Mar The public hearing opened in connection with this item and Mr. Randall Johnson, applicant, appeared before the Commission. Mr. Johnson submitted letters to the Commission from people in support of the project. Mr. Johnson referred to staff's Comments in the staff report stating that staff opposes his proposal because of the potential adverse impact in the residential area. Mr. Johnson further stated that there is vehicular noise through the alleys and residential streets which does exist at present. Mr. Johnson stated that he has no objections to staff's conditions for his proposal in Exhibit "B" for approval, and that he would like to put emphasis on Condition of Approval No. 8 which gives the Commission the opportunity to review this request after six S months. 21 ,... ...tea.:..... lI '' u 9 COMMISSIONERS r V • m ember 22, 1963 • of Newport Beach Mr. Johnson stated that The Irvine Company does support his proposal and has done so via a letter. Mr. Johnson further stated that a letter of opposition from Mrs. Marilyn Ellis made some harsh statements responding in a negative way because of the expanded use of alcoholic beverages and business hours and goes on saying that she does not want patrons from any restaurant, i.e., Rothchild's, Hemingway's, Sherman Gardens, etc. parking on residential streets either during the daytime or at nighttime. Mr. Johnson stated that he will address the:valet system as time permits. Mr. Johnson further stated that he has an 80 seat restuarant which operates at approximately 80% occupancy, taken from nighttime records. It is optimistically hoped that pt least two seatings and approximately 130 lunches a day can be done. Ms. Karen Lawrence, representing Southland Parking, head of the valet parking -Iservice at Hemingway's, appeared before the Commission stating that the insurance company for Hemingway's has had no claims against the valet attendants with Hemingway's. In response to a question posed by Commissioner Balalis, Ms. Lawrence stated that in reference to the chart showing different vehicular routes to and from Hemingway's, the routes proposed by the applicant are preferred over the routes proposed by staff. The proposed route of the applicant is driving down the alley to 4th Street, to Avocado Avenue, across East Coast Highway at Avocado Avenue and into the lot. Returning to the restaurant, the preferred route is to come back behind the Newport Harbour National Bank building to MacArthur Boulevard, and down MacArthur Boulevard to the restaurant site. Mr. Jim Wood, property owner of Heminqway's, stated he believes there is already traffic in the area and that the fact that a lunch time operation is being requested is unsolicited. In response to a question posed by Commissioner Winburn, Mr. Wood stated that the parking lot demand cannot be predicted on a day -to -day basis. Mr. David Neish, that the support request is unique to Mr. Johnson's Heminingway's. representing the applicant, stated in the community for the applicants and that a lot of the credit is due reputation and the reputation of 22 MINUTES INDEX 53 otember 22, 1983 of Newport Beach MINUTES ROLLCALLI 111 1111 j INDEX. Ition dment Opted FR In response to a question posed by Commissioner Winburn, Mr. Hewicker, Planning Director, stated that the properties on the northerly side of East Coast Highway where the temporary bank facilities are located, are under a license agreement between The Irvine Company and the tenants. Those use permits expire at the end of September and will be reviewed by the City Council at their first meeting in October. At that time, there will be the question of extensions on the use permits and there will probably be some requirements requested by staff regarding certain road improvements at East Coast Highway and MacArthur Boulevard. Mr. Hewicker further stated that under the terms of the license agreement, he is not sure how much longer the banks can operate on the property. However, the reason why the City has put time limits on the bank facilities is the fact that the; City is waiting for The Irvine Company to prepare Pli�ned Community Development Plans for the ultimate development of the property. Motion was made for the approval Use Permit No. 1778 (Amended) , subjet to the Findings and Conditions of Exhibit "B ". Commissioner Goff stated that he will not support the motion for the reason that the he does not believe the parking problem in Corona del Mar will be alleviated by granting exceptions to the Municipal Code or any other planning guidelines. Commissioner Winburn stated that she too is opposed to the motion for the reason that she has not seen anything new that has been developed that was not in the original staff report. Commissioner Balalis stated that he is in favor of this request for the reason that he has always supported a joint -use parking plan. Amendment to the motion was made for a 90 -day review period. Amendment to the motion was accepted. Mr. Hewicker referred to Condition of Approval No. 8, "That the Planning Commission shall review this request after six months. ", and Condition of Approval No. 9, "That the Planning Commission may add and /or modify conditions of approval to this use permit upon a determination tht the operation which is the subject of 23 _.......1 ...,_�.r :. i x ov c o < 'z i X m O m otember 22, 1983 of Newport Beach MINUTES ROLLCALLI 111 1111 j INDEX. Ition dment Opted FR In response to a question posed by Commissioner Winburn, Mr. Hewicker, Planning Director, stated that the properties on the northerly side of East Coast Highway where the temporary bank facilities are located, are under a license agreement between The Irvine Company and the tenants. Those use permits expire at the end of September and will be reviewed by the City Council at their first meeting in October. At that time, there will be the question of extensions on the use permits and there will probably be some requirements requested by staff regarding certain road improvements at East Coast Highway and MacArthur Boulevard. Mr. Hewicker further stated that under the terms of the license agreement, he is not sure how much longer the banks can operate on the property. However, the reason why the City has put time limits on the bank facilities is the fact that the; City is waiting for The Irvine Company to prepare Pli�ned Community Development Plans for the ultimate development of the property. Motion was made for the approval Use Permit No. 1778 (Amended) , subjet to the Findings and Conditions of Exhibit "B ". Commissioner Goff stated that he will not support the motion for the reason that the he does not believe the parking problem in Corona del Mar will be alleviated by granting exceptions to the Municipal Code or any other planning guidelines. Commissioner Winburn stated that she too is opposed to the motion for the reason that she has not seen anything new that has been developed that was not in the original staff report. Commissioner Balalis stated that he is in favor of this request for the reason that he has always supported a joint -use parking plan. Amendment to the motion was made for a 90 -day review period. Amendment to the motion was accepted. Mr. Hewicker referred to Condition of Approval No. 8, "That the Planning Commission shall review this request after six months. ", and Condition of Approval No. 9, "That the Planning Commission may add and /or modify conditions of approval to this use permit upon a determination tht the operation which is the subject of 23 _.......1 ...,_�.r :. COMMISSIONERS MINUTES s ptember 22, 1983 i n x � r c m = 4 City of Newport Beach ROLL CALL I I I I I I 1 1INDEX this use permit, causes injury, or is detrimental to the health, safety or welfare of the community ". Mr. Hewicker stated that even if the Commission approved a six month period, and something happened which caused the Commisssion to have some concern, the Commission could call the matter up for review prior to the end of the six month period. Commissioner Person accepted Mr. Hewicker's statement that the 90 -day review period was not necessary. Ayes K X X There being no further discussion, motion was now made Noes X X X for approval of Use Permit No. 1778 (Amended) , which MOTION CARRIED. FINDINGS 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not I have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 6. The approval of Use Permit No. 1778 (Amended) 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. 7. The proposed use of a valet parking service will not, under the circumstances of this 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 i 24 C( ROLL� �x r 0 m c d C c o 5 22, 1983 of Newport Beach proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of thirty two parking spaces shall be provided for the duration of the proposed use on property located at 2166 East Coast Highway. 3. That the valet parking service be provided at all times during the restaurant's hours of operation. 4. That the, City Traffic Engineer shall approve the specific valet operation and route. 5. That all previously approved applicable Conditions of Use Permit No. 1778 (Amended) shall remain in effect. 6. That the daytime hours of the restaurant facility shall be from 11:00 a.m. to 3:00 p.m. daily. 7. That all employees shall park on the off -site parking lot. 8. That the Planning Commission shall review this request after six months. 9. That the Planning Commission may ads conditions of approval to this use determination that the operation subject of this use permit, causes detrimental to the health, safety the community. 3 and /or modify permit upon a which is the injury, or is or welfare of MINUTES INDEX 25 S • Planning Commission Meetinc* September 22, 1983 Agenda Item No. CITY OF NEWPORT BEACH • TO: Planning Department FROM: Planning Department SUBJECT: Use Permit 1778 (Amended) (Continued Public Hearing) ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingway's, Corona del Mar OWNER: James B. Wood, Corona del Mar Application This is a request to amend the previously approved use permit which established the Hemingway's Restaurant as a nighttime -only facility so as to permit the service of food during the lunch time hours on a daily basis. In •accordance with Section 20.35.020 of the Newport Beach Municipal Code, restaurants shall be permitted in the C -1 District subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. The proposal also includes the acceptance of an off -site parking agreement for the additional required restaurant parking spaces. 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 Request to amend a previously approved use permit which allowed the establishment of the Hemingway's Restaurant facility with on -sale alcoholic beverages in the C -1 District. The proposed amendment is a request to change the restaurant's hours of operation so as to permit a lunch time operation during the week. The proposal also includes the acceptance of an off -site parking agreement which will provide the additional required daytime restaurant parking. The proposed off -site parking lot is located to the rear of the "Flower Man" facility on the northerly side of East Coast Highway. One potential route of the valet service for patrons' automobiles to the off -site parking lot is down the alley at the rear of the restaurant site to Fourth Avenue, then to Avocado Avenue, and then across East Coast Highway to the parking lot. • LOCATION: Lots No. 5 and 6, Block B, Tract No. 470; Lots No. 7 and 9, Block 730, Corona del Mar Tract located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingway's, Corona del Mar OWNER: James B. Wood, Corona del Mar Application This is a request to amend the previously approved use permit which established the Hemingway's Restaurant as a nighttime -only facility so as to permit the service of food during the lunch time hours on a daily basis. In •accordance with Section 20.35.020 of the Newport Beach Municipal Code, restaurants shall be permitted in the C -1 District subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. The proposal also includes the acceptance of an off -site parking agreement for the additional required restaurant parking spaces. 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 Tn: Planning Cleission -2. 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 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, 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 Planning Department. Background At its meeting of August 4, 1983, the Planning_ Commission denied (4 Ayes, 2 Noes, 1 Absent) this request to permit the subject restaurant facility to open during the lunchtime hours, and to accept the proposed off -site parking agreement, with the following Findings: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch as it is 1100± ft. from • the restaurant. 4. Parking on such off -site lot will create undue traffic hazards in the surrounding area. 5. The proposed use of a valet parking service will, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons PTO: Planning C*ssion -3. • residing or working in the neighborhood of such proposed use and be detrimental and injurious to property and improvements in the neighborhood and the general welfare of the City, and further that the proposed modification is not consistent with • the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1778 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. Subsequently, at its meeting of August 18, 1983, the Planning Commission voted (6 Ayes, 1 Abstain) to reconsider this amended use permit request and off -site parking agreement at its meeting of September 22, 1983. The Planning Commission indicated that the Commission would consider the proposed route of the valet parking service through the residential area to the off -site location. Pursuant to the direction of the Planning Commission, staff has mailed revised public notices to all property owners along the proposed residential route, as well as to those property owners within the three hundred foot radius as required by the Zoning Code. Attached for Planning Commission review and consideration is the staff report prepared for the August 4, 1983, Planning Commission meeting. • Analysis The subject property is located at the southwesterly corner of East Coast Highway and Carnation Avenue. The route to the off -site parking area proposed to be used by the valets is as follows: Leave the rear of restaurant site, proceeding south down the alley to Fourth Avenue, westerly along Fourth Avenue to Avocado Avenue, then north on Avocado Avenue across East Coast Highway to the off -site parking lot. The distance traveled through the residential area is approximately 1,000 feet (from the restaurant site to the commercial uses fronting on East Coast Highway) , with another 250 feet from this point to the parking area, for a total distance of 1,250 feet. The return trip for the vehicles and valet parking attendants will be a left turn across East Coast Highway at Avocado Avenue, easterly on East Coast Highway, with a right turn at Carnation Avenue to the restaurant parking area. Staff continues to oppose this plan because of the potential adverse impact to the residential area. The valet parking •employees will be under some pressure to move vehicles as fast as possible from the restaurant site to the off -site location. In addition, there will be other impacts such as vehicular noise resulting from the use of the alley and residential streets during the restaurant's hours of operation. Although staff was not in favor of the applicant's request in the previous staff report, it was indicated that the preferred route was north on Carnation • • PTO: Planning Colession -4. • Avenue and then west on East Coast Highway. However this route was not without problems. The Police Department was opposed to this route because of the potential for vehicles to make illegal and unsafe turns, as well as the hazards created for pedestrians and motorists. The distance involved in both routes is excessive: 1,100 feet by using the Avocado /East Coast Highway route; 1,250 feet by using the residential route. Either route will require the "runners" to travel a considerable distance on foot. The "runners" will have to cross East Coast Highway on their return to the restaurant for another vehicle. The potential exists for the "runners" to jay -walk or cross against a red light in order to reduce the travel time between locations. The extreme distance between sites is approximately three times the generally accepted standard of no farther than a 400 foot separation between locations. Approval of this request could establish a precedent for other similar requests. Recommendation Staff continues to recommend the denial of this request for the reasons outlined above. Should the Planning Commission desire to deny this request, the Findings for Denial as set forth in the attached Exhibit "A" of the original staff report are suggested. Should the Planning Commission desire to approve this request, the Findings and Conditions of Approval set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �� CHRIS GUSTIN Associate Planner 7g Attachments: Exhibit "A" Exhibit "B" Letters of Support (8) Letters of opposition (2) Previous staff report dated August 4, 1983 with attachments .1;0. - Planning C *ssion -5. • EXHIBIT "A" FINDINGS FOR DENIAL USE PERMIT NO. 1778(AMENDED) • AND OFF -SITE PARKING AGREEMENT FINDINGS: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch as it is 1100± ft. from the restaurant. 4. Parking on such off -site lot will create undue traffic hazards in the surrounding area. 5. The proposed use of a valet parking service will, is under the circumstances of this 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 and be detrimental and injurious to property and improvements in the neighborhood and the general welfare of the City, and further that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1778 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. • ta,: Planning Comosion -6. • EXHIBIT "B" FINDINCS AND CONDITIONS OF APPROVAL USE PERMIT No. 1778 (AMENDED) • AND OFF -SITE PARKING AGREEMENT FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate • lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 6. The approval of Use Permit No. 1778 (Amended) 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. • 7. The proposed use of a valet parking service will not, under the circumstances of this 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 the Municipal Code. 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. C • • .TAO: Planning Colossion -7. 0 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of thirty two parking spaces shall be provided for the duration of the proposed use on property located at 2166 East Coast Highway. 3. That the valet parking service be provided at all times during the restaurant's hours of operation. 4. That the City Traffic Engineer shall approve the specific valet operation and route. S. That all previously approved applicable Conditions of Use Permit No. 1778 (Amended) shall remain in effect. 6. That the daytime hours of the restaurant facility shall be from 11:00 a.m. to 3:00 p.m. daily. 7. That all employees shall park on the off -site parking lot. S. That the Planning Commission shall review this request after six months. 9. That the Planning Commission may add and /or modify conditions of approval to this use permit upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. E • • August 3, 1983 T0: Newport Beach Planning Department and Planning Commission REGARDINGs Hemingway's Restaurant, Opening for Lunch: Hearing, 8 -4 -83 Hemingway's has been operating in the neighborhood in which I live for the past six to seven years and has caused the residents of the area virtually no problems. If any problems have arisen, the Hemingway manage- ment has solved them through personal interface with the residents them- selves. I have no objection to their opening for lunch, as they seem to have sufficient parking. I only wish that the Park Restaurant and Bar, which opened some 3 "4 weeks ago, would handle their neighborhood affairs in the positive manner that Hemingway's does. • Sincerely y urs, Donald J. Augustin 2431 4th Avenue Corona Del Mar Q 700 Carnation Avenue • Corona Des Mar, Ca. 92625 (714) 675 -5761 August 3, 1983 Planning Commission City of Newport Beach Newport Beach, California To Whom it may concern; I have known Randy Johnson since he opened his restaurant • on the Island. I was very pleased when Hemingways opened in Corona del Mar. I support Hemingways being open for lunch. This would enable us to treat our clientele to a luncheon in a pleasant atmosphere and we would be within walking distance!!! • njb /rf 0 Sincerely yours, p7� N. Jaye Benson President • • • /O City Planning Commissioner Newport Beach.CA LAr i r l 6(-frr r JU" Regarding: Permit 1778 August 4, 1983 Dear Commissioner, We are aware of the permit filed by Randall H. Johnson, owner of Hemingway's Restaurant Corona del Mar, to open for business during lunch hours. We would like to support Mr. Johnson's position to open for lunch. We live at 706 Begonia, directly at the north end of Hemingway's parking lot. We have not been bothered by noise from the clientele or from the valet parking at night. We, therefore do not object to the restaurant being opened for lunch. I hope you will consider these residents' views in this matter in reviewing the above mentioned permit. Sincerely, Pamela rdy Terri Gammill Ann Marie Kavanaugh 706 Begonia Corona del Mar, CA 92625 • August 3, 1983 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92663 Atten; Chairman King and Members Gentlemen; I am very much in favor of Hemmingway's Restaurant securing permission from the city, to be open for lunchtime business. vV- r I ( /0(PVM"4ed) I • I fully support his fine establishment and feel that we need more proprietors, such as Randy Johnson involved in business here in Corona del Mar. I own several commercial properties in Corona del Mar and would appreciate having the opportunity to walk to Hemmingway's with associates and guests from my business establishment at 2737 E. Coast Highway, Corona del Mar. Sincerely yours, I �v Roge McKinnon RM /L • cc: Randy Johnson Jim Hewicker, Planning Director 2737 EAST COAST HIGHWAY • CORONA DEL MAR • CALIFORNIA 92625 • (714) 675 -2311 • 0 Kr / ! -LJ \ry - #"U.Xt -"J JOHN W. HAMILTON 2735 Ocean Boulevard Corona del Mar, California 92663 • (714) 673 -8882 (714) 553 -0888 August 9, 1983 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: 2441 East Coast Highway Corona del Mar Permit No. 1778 Amended Gentlemen: I have been a resident of Corona del Mar for sixteen years, and have known Randall H. Johnson, owner of Hemingway's Restaurant, for fifteen years. I regard him very highly • as a successful businessman and responsible citizen in the community. With regard to the above - referenced permit, I would like to go on record in support of Mr. Johnson's plan to open his restaurant for lunch on weekdays. I am familiar with his on -going operation and have been a frequent customer of Hemingways over the past six years. I would welcome the opportunity to have business lunches at this restaurant and feel that its high quality and excellent location near Newport Center make it an ideal candidate for expanded hours. ncerely, / W. Hamilton • )."DL 405 ANGELES OFFICE 55 SOUTI -I FLOWER STREET NGELES. UUFORwA 9 0 0 71 -2966 TELEPHONE (2131 465 -1234 CABLE ADORE55 LATHWAT TWA 910 321 -3733 TELECOPIER 1213) 660 -2096 CHICAGO OFFICE SEARS TOWER SUITE 6900 C #)CAGO, ILLINOIS 60606 TELEPHONE 13121 676 -7700 TELECOPIER (3121 993 -9767 TWK 910 221-0355 • i LATHAM & WATKINS ATTORNEYS AT LAW 660 NEWPORT CENTER DRIVE, SUITE 1400 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (7t4) 752 -9100 TELECOPIER (714) 759 -8891 PAUL R. WATKINS II899 -19731 DANA LATHAM 11999 -19741 August 4, 1983 Planning Department City of Newport Beach Newport Beach, CA Attn: Planning Commission lAI I I IC_'( rlI IK21L1ELAJ SAN DIEGO OFFICE 10I "6'STREET,SUITE 2100 SAN DIEGO, CALIFORNIA 92101-8197 TELEPHONE (6191 236 -123. TELECOPIER (619) 239 -3624 WASHINGTON. D. C. OFFICE 1333 NEW HAMPSHIRE AVE.,N.W.,SUITE 1200 WASHINGTON, D, C.20036 -IS9A TELEPHONE (2021 626 -.400 TELECOPIER 1202) 626 -4415 • Re: Randall Johnson - Hemingway's Restaurant Gentlemen: We have been personally acquainted with Mr. and Mrs. Randall Johnson and their restaurant, Hemingways, first located on Balboa Island and then in Corona del Mar, for over four years. The Johnsons are persons of the highest personal integrity and professional ability. Their restaurant is recognized throughout California for its outstanding cusine and service. Sincerely, Rober E. Currie ja R. Stahr of LAT11AM & WATKINS • 13 • gar I ! /Y7�nrrre.ruxeti� Regis Homes Corporation 5120 Campus Drive P. O. Box 7090, Newport Beach, Califomia 91660 (714) 975 -0727 •Geoffrey L. Stack P,aa;anu August 4, 1983, Planning Department City of Newport Beach Newport Beach, California 92660 Re: Conditional Use Permit 1778 Amended- Hemingways Restaur Gentlemen: • I have been personally acquainted with Randy Johnson for the past ten years and a resident of Corona del Mar for the past seven years. I definitely feel that his establishment is an asset to the community, and often have the opportunity to meet clients and business associates at Hemingways, as my business is established in Newport Beach. Unfortunately, I will be out of town and unable to personally appear on Mr. Johnson's behalf; however I support his endeavors and would welcome another restaurant that is open during lunch hours. Si erely,�� /�,; Dictated but not read by Geoffrey L. Stack LMA /GLS:tdr /If A. • • E /s MEOW a L% l9 83 /.&Vmfir LommU444, J Cdr m/ 72ltkjv2.e eac% :3300 74u 72ux,�Ont A34aet l R 6. C. It P. " i 778 LA V 11 7 6 (Gtw1P.+1ae-I CAS y%2/Z . 8o/I,�YL�Lc�Yt�' CYYtGL' YLV1/ /�ZGa7�GLCt- £.R�C.� .O�t.a.tc<!n) ,.c�xJ `�rtt��sr'([nT.'� E 6 IFc SEP 13 19834,- CALIF. A I D Cktze-e4C-�� L;.1-2 6Z4 —41 • • n u 17 0 �lu�n /des �rwr�c ti 4-�;t� c ycCa • 0 G f •� 16 �-` cl/ c� Qk CA • • ct 17 • • )c • (�17z�zz *7-4� SYD REALTORS 3637 east coast highway , , .• /, corona del mar, califomia 92625 phone: 714 675 -5930 a September 21, 1983 Planning Commission CITY OF NEWPORT BEACH 3300 Newport Boulevard, Newport Beach, California 92662 • Dear Chairman King and We wish to extend our application before you Johnson of Hemingways, at their restaurant in REALTOR* 0 Members: )ositive support for the from Mr. and Mrs. Randy to provide lunch service Corona del Mar. Our involvement and interest here in Corona del Mar over the past 20 years has shown us that our community needs to support the growth of all successful local business that provide a needed service. Hemingways success in providing the highest quality dinner service has been a credit to our community and the addition of lunch service will continue to provide that quality and fill a need that we business people and residents want in Corona del Mar. We ask your support in providing this service for our community. Yours sincerely, Robin Boyd Boyd 400( T ' • John L. BJK • CUSTOM PHOTOGRAPHY 3040 East Tacific Coast 9 -4hway • Corona Del Mar, Ca(ifornn 92625 • (714) 760 -6767 Mr. King and Members Newport Beach Planning Commission Newport Beach, California It has come to my attention that Hemingways is coming before your commission to request the opportunity to be open for the serving of lunch. I would like to go on record as being emphatically in favor of this. I believe that this would be a great benefit to the Corona del Mar and Newport Beach communities that surround this establishment. We all know Hemingways has an excellent reputation for exquisite food, atmosphere, and service. There is no finer place for me to take a business associate or potential client than to Hemingways. It is also important to me because it is within easy walking distance from my studio. There is no other restaurant of its caliber that I wouldn't have to drive to. Therefore, I strongly urge you to approve their request and let us all benefit. Sincerely, John L. Blom MEMBER OF PROFESSIONAL PHOTOGRAPHERS OF ORANGE COUNTY PROFESSIONAL PHOTOGRAPHERS OF CALIFORNIA PROFESSIONAL PHOTOGRAPHERS OF AMERICA • September 21, 1983 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92663 40 In respect to use permit #1778 - Proposal for Hemingway's lunch service Dear Chairman King and Members, As a lifetime Newport Beach resident, I want to express my support of Hemingway's proposal to open for lunch. I feel that Hemingway's is a quality dining establishment in Newport Beach and • one that we all should be proud to have in our community. Randy and Allison Johnson, who I have known for years, care about the community we all live in and, in my opinion, would do nothing detrimental to harm the residents of Corona del Mar. I am certain that their luncheon business will be handled in the same professional and exceptional manner that we have come to expect from their dinner service. Sincerely, 1/ Terry Hanes Account Representative Copies to: Mr. Randy Johnson Mr. David Neish • '?3 Creative Jewelers, Inc. September 22, 1983 T0: The Planning Commission City of Newport beach 3300 Newport Blvd. Newport 3each, CA 92663 ATTENTION: Chairman King and Members RE: C.U.P. ;"1778 Hemingways Restaurant Corona Del Mar, CA I, 'arbara K. Jackson, owner of Barbara K. Jackson Creative Jewelers, Inc., 2610 East Pacific Coast Highway, Corona Del Mar, Ca 92625, have known Randy Johnson, owner of Hemingways Restaurant •on East Pacific Coast Highway, Corona Del Mar, for several years and know of his contributions to the community. I feel his luncheon operation would be a great compliment to the community and a great asset to the local merchants. Hemingways is close enough to my store that my staff and clients could enjoy fine luncheon dining within walking distance of my store. I would like to go on record that I am definitely in favor of your approval of allowing Hemingways to open for lunch. Thank you for your consideration. • BKJ /tab Very truly yours, 3AUARA K. JACKSON CREATIVE JEWELERS, INC. v" Barbara K. Jackson 2610 East Pacific Coast Highway • Corona Del Mar, California 92625 • (714) 760 -6766 a� C i D CORONA DEL MAR REALTY CO. P.O. BOX 116, CORONA DEL MAR, CA 92625 TELEPHONE 714 673.4120 is r �J September 22, 1983 Chairman, Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 Re: Hemingway' Application for Modification of Use Permit Honorable Members: It is recommended that the above referred application be approved. Mr. Johnson's restaurant operation is and has been conducted in the highest possible manner. He is providing off -site parking to meet city requirements for restaurants and has indicated a willingness to conform to other conditions imposed relative to valet attendants. In the interest of equity, he should be allowed to operate his bus- iness on a competitive basis. DM / }s Very truly yours, D. Masters CHARLES W. MASTERS • DORIS B. MASTERS • REAL ESTATE BROKERS • cc;!�C* ��a�f 9► 2731 E. COAST HWY. CORONA DEL MAR, CA 92625 (714) 675 -5553 Planning Commission 3300 Newport Blvd. .Newport Beach, CA .92660 Attentions Chairman King and Members, September 22', 1983 A wonderful thought of opening for lunch during the week has come upon Hemmingways: We at,Recycled Rags would be delighted with such an opening. •Our customers hunger for intimate lunch time dining such as Hemmingways. Recycled Rags would be pleased to use our limousine service to escort our customers down the boulevard for a pleasant afternoon lunch. We warmly welcome the opening for lunch at Hemmingways' Cordially, J�)'• Audrey Patt7n- Partner Gary Richards - Partner • RECYCLED RAGS Ab 0 9 MACNAB-IRVINE REALTY LAH2 Civic Plaza, Suite 100 Newport Beach, California 92660 (714) 644 -6200 • Barbara Aune . Associate Vice President \JV« . II.N�dt�J1�r —1N�OVt,�, ��.� `,-� -�1 1�M�v►�.I�S JLQ . I I a 4 • 1 • . . 1 ! % ►.� i f V 1 kVjA r 1 A Subsidiary of The Irvine Company a7 ing Commission, Newport Blvd. Newport Beach 92663 n City of Newport Beach Attn: ,Tames person, Secretary Dear Mr, person, 621 Begonia Ave. Corona del Mar CA 92625 Sept. 11, 1983 In answer to your card and regarding the notice of the public hearing for Hemingways for the use permit No. 1778 (Amended) on property located at 2441 East Coast Highway, my husband and I are responding. We are definitely responding in the negative to expanded use of alcholic beverages and hours at Hemingways. In addition to this, we are opposing very strongly the use of off -site parking that would require valets to pass in front of our residence at all hours in order to get to this parking. Valets are often very young, immature and loud in their driving. We don't want the valets using Fourth Street or Begonia. • Use of the area for lunch parking in our neighborhood would also be unacceptable. I have talked to Randall H• ,Johnson about lunch parking. He believes that the local residents are away for the greater part of the day, which is not true. There are many retired people, teachers, part time employees, and housewives that use the on- street parking in old Corona del Mar and at all hours. We do not want patrons from any restaurant, whether it be Rothchild's, Hemingways, Sherman Gardens, Mateo's, Swensen's, the park's or Coco's parking on our residential streets either during the daytime or at night. The city of Newport is responsible for the safety and upkeep of these city streets. If there are any accidents, property damage, loss of property value, or damage to human beings due to the city's negligence, we feel that the city of Newport is at fault. We have written to the Coastal Commission on an overpass or underpass of the Highway and additional off - street parking before there be any more expansion of commercial interests and especially restaurants in old Corona del Mar. • The Coastal Commission has been notified about the problems existing with the intrusion of the park Restaurant. We feel that the city of Newport has been lax in its enforcements vis-a-vis the introduction of a new restaurant, the park, with its saloon and late hours in old Corona del Mar. The parking for the park Restaurant has not been fairly considered whether for the local residents and /or the owners of the park Restaurant. This has been poor planning on the part of the city of Newport. longer hours for Hemingways would only worsen the above situation. Sincerely yours, • TO: FROM: SUBJECT: • Planning Commission M *ng August 4, 1983 Agenda Item No CITY OF NEWPORT BEACH Planning Commission Planning Department Use Permit No. 1778 (Amended) (Public Hearing) 14 Request to amend a previously approved use permit which allowed the establishment of the Hemingways Restaurant facility with on -sale alcoholic beverages in the C -1 District. The proposed amendment is a request to change the restaurant's hours of operation so as to permit a lunch time operation during the week. The proposal also includes the acceptance of an off -site parking agreement which will provide the additional required daytime restaurant parking spaces. LOCATION: Lots No. 5 and 6, Block B, Tract No. 470; Lots No. 7 and 9, Block 730; Corona del Mar Tract, located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingways, Corona del Mar OWNER: James B. Wood, Corona del Mar Application This is a request to amend the previously approved use permit which established the Hemingways Restaurant as a nighttime -only facility so as to permit the service of food during the lunch time hours on a daily basis. In accordance with Section 20.35.020 of the Newport Beach Municipal Code, restaurants shall be permitted in the C -1 District subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. The proposal also includes the acceptance of an off -site parking agreement for the additional required restaurant parking spaces. • 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 sep4rate 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. ,;2,7 T.OI% Planninlommission - 2. • 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, 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 Planning Department. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class I (Existing Facilities) from the requirements of the California Environmental Quality Act. •Conformance With the General Plan and Adopted Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the Adopted Local Coastal Program, Land Use Plan, designate the restaurant site for "Retail and Service Commercial" uses. The subject restaurant is permitted within this designation. The Land Use Element of the General Plan designates the off -site parking lot site for "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial" uses. The use of this site for off -site parking purposes is consistent with this designation. Subject Property and Surrounding Land Use The subject restaurant facility is building on East Coast Highway. MacArthur Boulevard, is a temporary east, across Carnation Avenue, is lot. To the south, behind the residential uses. To the west is parking area. located in an existing commercial /office To the north, across Coast Highway at bank facility and a vacant parcel. To the a restaurant facility and related, parking subject property, are parking lots and a commercial /office building with related isThe off -site parking location is on the northerly side of East Coast Highway, to the east of the proposed Avocado Avenue extension. The site currently is occupied by the "Flower -Man" temporary retail flower sales, and a temporary automobile detailing facility recently approved by the Planning Commission. To the north of the subject parking lot is vacant land and the Newport Center commercial development. To the east adjacent to the subject property, to the south across East Coast Highway, and to the west across the future extension of Avocado Avenue, are existing commercial uses. ,30 Tpc Plannin46mmission - 3. • Background At its meeting of May 10, 1976, the City Council voted to sustain the Planning Commission's approval of Use Permit No. 1778 subject to the following • conditions: 1. That development shall be in substantial conformance with the approved plot plan, except as noted in Condition No. 8. 2. That all exterior lighting and signs shall be approved by the Planning Director. 3. That all mechanical equipment and trash areas shall be screened from public street or adjoining properties. 4. 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. 5. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 6. That an off -site parking agreement shall be approved by the City Council, • guaranteeing that a minimum of twenty -two parking spaces shall be provided on Lots 5 and 7, Block 730 of Corona del Mar Tract, for the duration of the restaurant use on the property in question. 7. That the restaurant facility shall not be open for business prior to 5:00 p.m. or after 10 :00 p.m., Mondays through Fridays, or prior to 9:00 a.m. or after 10 :00 p.m. on weekends or holidays. These hours may be adjusted by the Planning Commission provided satisfactory parking can be provided in another location. 8. That the parking spaces on Lots 7 and 9 shall be restriped in accordance with a plan to be approved by the Traffic Engineer and, if necessary, the most northerly curb cut and driveway shall be closed up. 9. That adequate lighting be provided in the parking lots. On June 14, 1976, the City Council approved Resolution No. 8795, approving an off -site parking agreement between the City of Newport Beach and the applicant, Randall H. Johnson. No fewer than twenty -two off - street parking spaces were to be provided on adjacent property. The Modifications Committee, pursuant to Condition of Approval No. 5 for Use Permit No. 1778, granted a two year extension in September of 1978 and a three year extension in July of 1980, which is valid until September of 1983. At its meeting of August 7, 1980, the Planning Commission approved an amendment to Use Permit No. 1778 which permitted the expansion of the subject restaurant's "net public area" and the acceptance of another off -site parking agreement for the ten additional required off - street parking spaces. The Findings made and Conditions of Approval imposed are set forth in the attached excerpt from the minutes of the Planning Commission meeting of August 7, 1980. On March 23, 1981, the City Council approved Resolution No. 10004, approving the off -site parking agreement for the expanded restaurant facility. 3I TO: Planning Commission - 4. Analysis The applicant is now requesting the approval of an amendment to Use Permit No. • 1778 so as to be permitted to serve lunch between the hours of 11:00 a.m, to 3:00 p.m., Monday through Friday. A maximum of ten employees are anticipated in the restaurant during this period. The operational characteristics during the daytime hours will. be essentially the same as those during the evening hours. The only difference is that the required parking spaces will be located across East Coast Highway from the restaurant site where the existing nighttime parking spaces are located adjacent to the restaurant facility. Off- Street Parking Required Based upon the City's current restaurant parking standard of one parking space for each 40 sq.ft. of "net public area," 40 spaces are required for all of the interior dining areas (1596± sq.ft.T 40 = 40). The Planning Commission has the option to increase or decrease the parking requirement within the range of one space for each 30 sq.ft. of "net public area" (54 spaces) to one space for each 50 sq.ft. of "net public area" (32 spaces). Staff is of the opinion that one space for each 40 sq.ft. of "net public area" is adequate since no dancing or live entertainment are proposed. This is also consistent with previous approvals for the nighttime use. Therefore a total of forty parking spaces would be required for the proposed daytime use, as well as the continued • nighttime operation. Existing Parking Locations Eight off - street parking spaces are located on site. Under the terms of the existing off -site parking agreements between the applicant and the City, the applicant is required to provide not less than thirty -two off -site parking spaces on properties adjacent to the site of the restaurant facility for nighttime use at the restaurant as follows: Twelve spaces are located to the rear of the existing structure on Lot 7, located at 707 Carnation Avenue. The off -site parking on Lot 7 was established under Use Permit No. 472, which was approved by the Planning Commission on November 20, 1958. The use of the twelve spaces on this R -2 lot are restricted, and the lot is to remain closed between the hours of 10:00 p.m. and 6:00 a.m. Ten spaces are located on Lot 5, located at 705 Carnation Avenue. The off -site parking lot on Lot 5 was established under Use Permit No. 1190, approved by the Planning Commission on July 20, 1967. The use of the ten spaces on this R -2 lot are also restricted, and this lot must similarly be closed between 10:00 • p.m. and 6:00 a.m. The applicant has an additional off -site parking agreement with the owner of a commercial structure located at 2421 East Coast Highway, directly west of the subject property. A total of ten parking spaces are available for weekends and evenings only. These three off -site parking locations will remain available for nighttime use. 3 ,� TO: PlanninSommission - 5. Proposed Off -Site Parking Lot The applicant has submitted a lease agreement indicating thirty -five parking spaces will be provided behind the "Flower -Man" facility on East Coast Highway •at Avocado Avenue during the lunch time hours of operation. It is the applicant's intent to establish a valet parking service in conjunction with the daytime use and the off -site parking lot. Three valets will be used. Patrons will drive to the rear of the restaurant facility where valet tickets will be issued. The vehicles will then be moved temporarily to the adjoining lot until they can be transferred to the East Coast Highway location. Upon completion of the meal, the patron's vehicle will be returned to the restaurant site. The applicant has suggested two potential routes from the restaurant to the off -site location. One suggestion is a route down the alley to Fourth Avenue, a right turn on Fourth Avenue to Avocado Avenue, and then across East Coast Highway to the off -site parking lot (see attached map). Staff feels that this route would not be compatible with the existing residential uses in the area. Staff prefers the route where all vehicles exit the site by turning north (left) onto Carnation Avenue to East Coast Highway to Avocado Avenue, then to the off -site parking lot. This route minimizes the impact on the nearby residential uses. However, this route does require the valet driver to turn right onto East Coast Highway, execute a "U" turn on East Coast Highway near Dahlia Avenue, cross the MacArthur Boulevard intersection, and then go to Avocado Avenue and the off -site lot. During the summer months when East Coast Highway is more heavily traveled, this could be even more difficult and •time- consuming than at other times of the year. Staff has additional concerns regarding the distance between the restaurant site and the off -site parking lot which are approximately 1100± ft, apart. This is a very long distance for the "runners" to travel. This distance is approximately three times the generally acceptable standard of no farther than 400 ft. separation between locations. Regarding the use of the on -site parking area for purposes of temporarily storing vehicles to be transported to the off -site location, a potential exists for a conflict between the other uses on the subject property. The applicant has submitted information which indicates that Unique Homes, 'the real estate firm which occupies the entire second floor of the building, contains approximately 1,700 sq.ft. of area. Fragments, a boutique and haircutting salon, occupies approximately 800 sq.ft, of area. The combined total of 2,500 sq.ft. requires ten on -site parking spaces, based upon the cprrent parking standard of one space for each 250 sq.ft. of "net floor area." If these figures are accurate, then eight spaces would be available on the site for the proposed temporary storage of vehicles until such time as they could be relocated to the off -site location. It should be noted that the applicant's letter indicates a total of eighteen spaces are available to the rear of the restaurant, yet the plans submitted and a field observation by staff indicates a total of twenty spaces are available. Staff has visited the site several •times during the lunch time hours and on each occasion the minimum number of vehicles in this area was fifteen, with the lot being completely full on two occasions at 11:30 a.m. Staff is also concerned that no on -site spaces for restaurant patrons are available for those customers who do not desire to utilize the valet parking service. 33 TO,: Planninoommission - 6. • Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the •establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission desire to deny this request, the Findings for Denial as set forth in Exhibit "A" are suggested. However, should the Planning Commission desire to approve this request; the Findings and Conditions of Approval as set forth in Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. EWICKER, Director by ZS GUSTIN Associate Planner • CG /kk Attachments: Exhibit "A" Exhibit "B" Vicinity Map Route Map Excerpt from Minutes of Planning Commission Meeting of August 7, 1980 Letter from Applicant Plot Plans, Floor Plans &It/ TO: PlanniWommission - 7. 0 EXHIBIT "A" FINDINGS FOR DENIAL . USE PERMIT NO. 1778(AMENDED) AND OFF -SITE PARKING AGREEMENT FINDINGS: 1. That the proposed lunch time operation of the restaurant facility is not compatible with surrounding residential land uses. 2. That inadequate parking facilities currently exist on the subject property. 3. The off -site parking area is not located so as to be useful to the proposed restaurant use inasmuch as it is 1100± ft. from the restaurant. 4. Parking on such off -site lot will create undue 6. The approval of Use Permit No. 1778 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. • 26— traffic hazards in the surrounding area. • 5. The proposed use of a valet parking service will, under the circumstances of this 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 and be detrimental and injurious to property and improvements in the neighborhood and the general welfare of the City, and further that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1778 (Amended) will, 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. • 26— • • • 0 0 EXHIBIT "B" FINDINGS AND CONDITIONS OF APPROVAL USE PERMIT No. 1778 (AMENDED) AND OFF -SITE PARKING AGREEMENT FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 6. The approval of Use Permit No. 1778 (Amended) 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. 7. The proposed use of a valet parking service will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of person! 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 the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. M 4. That the City Traffic Engineer shall approve the specific valet operation and route. 5. That all previously approved applicable Conditions of Use Permit No. 1778 (Amended) shall remain in effect. 6. That the daytime hours of the restaurant facility shall be from 11:00 a.m. to 3:00 p.m. daily. 7. That all employees shall park on the off -site parking lot. 8. That the Planning Commission shall review this request after six months. • • 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of thirty two parking spaces shall be provided for the duration of the proposed use on • property located at 2166 East Coast Highway. 3. That the valet parking service be provided at all times during the restaurant's hours of operation. 4. That the City Traffic Engineer shall approve the specific valet operation and route. 5. That all previously approved applicable Conditions of Use Permit No. 1778 (Amended) shall remain in effect. 6. That the daytime hours of the restaurant facility shall be from 11:00 a.m. to 3:00 p.m. daily. 7. That all employees shall park on the off -site parking lot. 8. That the Planning Commission shall review this request after six months. • • m .AVENUE 1 O I IIPTI : M Y/. It/ � 1Yf M 1Y[ 11I. 1YF .1N • AYE. �� lloltil3'INlo-1 -Itkii a H t o r o Le' » \ W Lh V o ✓/ Lr/ atoll w. 7'N ML wr M .rw. 4 Ilz N O 1} ./. .w. w Iyp N k H t o r "� I j. 571 I•. ii AL. N I 1 O ' 1 ► �eoo c�m�sr ,vwr 1 � N $. Le' » A � I1 I' � atoll \ N O 1} 1' .rut r rsC . qll "� I j. 571 I•. ii AL. N I 1 O ' 1 ► �eoo c�m�sr ,vwr 1 � N $. N G v 0 n , m •v • �c4 10 0 `� o • d ^YYA i� y 1 � L I M R I1 I' -V ip atoll N G v 0 n , m •v • �c4 10 0 `� o • d ^YYA i� y 1 � L I M • • COMMISSIONERS gust 7, 1980 • City p of Newport Beach MINUTES Request to amend a previously approved use permit that permitted the establishment of a restaurant facility with on -sale beer and wine in the C -1 District, and the acceptance of an off -site parking agreement. The proposed amendment in- cludes the conversion of an existing structure, adjacent to the existing restaurant, which will be used for additional public serving area, and the acceptance of an off -site parking agreement for the expanded restaurant facility. LOCATION: Lots 5 and 6, Block B of Tract No. 470 located at 2443 East Coast Highway in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson, dba Hemingway's Restaurant OWNER: Jim Wood, Corona del Mar The Public Hearing was opened in conjunction with this item. Commissioner Haidinger asked if the applicant was present and Mr. Johnson approached the podium to speak. He stated he had read the findings and conditions of the Staff report and that they were most acceptable to him. Commissioner Allen asked Staff to explain if there was a time limit on this application. James Hewicker, Planning Director, stated that no time limit would be required unless the Com- mission imposed said condition on the use permit. Commissioner Allen continued her comments by saying that she knew that the Corona del Mar business property owners and the Corona del Mar Chamber of Commerce were proposing a Specific Area Plan in the commercial area of Old Corona del Mar, and questioned whether action on this matter should be deferred or brought up again when the Plan is reviewed. Planning Director Hewicker stated that if the Commission approved the subject use permit, and then the Specific Area Plan was subsequently ap- proved, and the restaurant use became legal -19- INDEX SE PPROVED c.ommi5s1ONER5 ugus t 7, 1980 . MINUTES i i 111 City of Newport Beach ROIL CALL INDEX • • but nonconforming, it was his opinion that the restaurant use could continue as a legal, non- conforming use. Mr. Johnson mentioned that in the Staff report it was stated that he had more parking for his restaurant than was actually required. Planning Director Hewicker stated that the use permit for the existing restaurant facility had to be renewed every few years at which time mem- bers of the Staff go out and make sure the sub- ject resaurant use was conforming with all con- ditions of approval. Commissioner Beek asked Mr. Johnson to clarify his hours of operation as mentioned in his letter to the Commission. Mr. Johnson replied he would be interested in having his restaurant hours from 5:30 P.M. to 10:30 P.M. He stressed he was a dinner house only, as opposed to a liquor lounge, or a bar, and that his clientele frequently dined late, following various cultural or social gatherings. He reiterated that he did not wish to draw any after -hours patrons and wished only to continue as a dinner house and his request for later hours had only to do with serving din- ners. Mr. Johnson commented that he knew the Commission would make a decision based on servinc the betterment of the community and stated that he respected that commitment. Commissioner Beek requested from Staff a comment on the closing hours for Hemingway's Restaurant, mentioning that the owner now had a use permit of being open until 10:00 P.M. at night, when in fact the restaurant accepted reservations until 10 :00 P.M. which really meant that the restaurant use was open after 10:00 P.M. to finish serving its customers. Planning Director Hewicker said it was his inter- pretation that the restaurant should be closing at 10:00 P.M. as the hours of operation of the approved use permit stipulate that the restaurant -20- cc�M�,ilS��xs 1 Dust 7. 1980 0 of Newport Beach MINU IES R O L L CALL 1 1 1 1 1 1 1 1 I INaaX (Motion IMotion 0 IMotion (Ayes Noes 1lies use shall not be open for business after 10:00 P.M. Mr. Hewicker added that two of the off -site parking lots now used for Hemingway's Restaurant were required to be closed at 10:00 P.M. due to the proximity of the residential area to the restaurant. Commissioner Beek suggested that the actual restaurant operation hours be amended to close at 11:00 P.M., as that hour would better exemplify the actual operating hours of the restaurant. Commissioner Cokas made a motion to approve this item, but to amend the restaurant closing time to read that the last reservations shall be taken at 10:00 P.M. An amended motion was made that the closing time of the restaurant be 12:00 midnight, which was accepted by Commissioner Cokas. Commissioner Beek then brought up the subject of valet parking in connection with this use permit. Staff was asked to explain why Condition No. 5 for valet parking was included in their recommen- dation. Planning Director Hewicker explained that the proposed off -site parking area was loca- ted in a partially subterranian parking structure and it was determined by Staff that in order to get the full benefit of the lot and to make it fully usable for the restaurant's patrons, that valet parking should be utilized. It was further stated that the parking spaces on the subject off -site lot were irregular. Amended motion was made that Condition No. 5 be deleted so as to eliminate the requirement for valet parking. Commissioner Beek's amended motion was voted on and failed, and therefore, the valet parking re- quirement was retained. The original motion of Commissioner Cokas was the voted on and carried with the following findings and conditions: -21- • • L.�vuv u,7.711n v1,v �ugust 7, 1980 awl City of News 0 MINUTES FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. A portion of required parking spaces for the proposed restaurant facility on separate lots from the building site is justifiable for the following reasons: (a) The off -site parking lots adjoining the restaurant and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The applicant either has or can provide long term agreements for the use of the subject off -site parking lots during the evening hours of the week and on weekend or holidays when the restaurant will be in operation. 5. The approval of Use Permit No. 1778 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan. 2. That an off -site parking agreement be approve by the City Council guaranteeing that a mini- mum of 10 additional parking spaces by pro- vided at 2421 East Coast Highway. -22- 4z • DWI • August 7, 1980 071 • MINUTES INDEX That the existing which provides for spaces at 705 and maintained. off -site parking agreements a minimum of 22 parking 707 Carnation Avenue be 4. That the restaurant facility shall not be open for business prior to 5:00 P.M. or after 12:00 midnight, Mondays through Fridays, or prior to 9:00 A.M. or after 12:00 midnight on weekends or holidays. These hours may be adjusted by the Planning Commission provided satisfactory parking can be provided in another location. 5. That valet parking service be provided during the hours the restaurant facility is open. 6. That all improvements be constructed as re- quired by ordinance and the Public Works Department. 7. That approximately 150 sq. ft. of deteriorated A.C.C. sidewalk be reconstructed along the Carnation Avenue frontage and that the exist- ing parkway tree that is displacing a portion of the sidewalk be root pruned or removed as required by the Parks, Beaches and Recreation Department. 8. That arrangements be made with the Public Works Department to guarantee the satisfactory completion of the public improvements if it is desired to obtain a Building Permit prior to completion of the public improvements. 9. That all remaining applicable conditions of Use Permit No. 1778 shall continue to be met. Request to establish a restaurant facility with Item #17 on sale wine in an existing warehouse building on Washington Avenue. The proposal also includes USE PERMI;, the paying of an annual fee to the City for the N0. 44 required restaurant parking spaces in an adjoining APPROVED municipal parking lot. �— TI N LLY -23- Ms. Bill Laycock City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92660 Mr. Laycock, This letter has been composed to explain three areas of concern; 1) Definition of lunch 2) Utilization of a valet system 3) Total square footage and existing parking Understanding that the restaurant or hospitality industry is always changing predominately because of changing economic times, we • at Hemingways would like to make available to the general public our quality of food and style of service at lunch. Our luncheon hours will run from 11:00am to 3:00pm *Ionday thru Friday. The menu has been designed to accomodate both casual diners as well as business or corporate executives on busy schedules. The Dricing will range from seven (7) dollars to fourteen(14) dollars for a semi -a la cart menu. Reservations will be encouraged in order to help us plan for the days activities. We will employ the same European "front- back" service system that we utilize during our evening hours, which provides our diners with efficient service. We will make available selections from our award winning wine cellar as well as cocktails, cordials and appertifes (European wine cocktail). We will be using only the designated serving area that is currently • used for dinner, which has been previously approved by the Planning Commission and City Council. The valet system that we feel will work the best with the existing on site spaces and proposed off -site parking location is described as follows: The system will employ three (3) indi ✓iduals, one (1) lot captain 2441 EAST COAST HIGHWAY CORONA DEL MAR, CA 92625 MO 673 ,0120 / Ix and two '(2) runners which will transfer cars between the two locations. A Communication system i.e. Intercome -line or • hand -held two way radios will be developed to expedite the transfer of cars. When the customer arrives at the Restaurant for lunch he will pull his auto to a predetermined stop line on private property in the existing parking lot behind Hemingways. The lot captain will issue a valet ticket labeling said car. A runner will then transfer the car to lot B (Off.- site). As the cars continue to arrive tickets will be issued, cars held in lot A (On -site) until runners can transfer them to lot B. After the first initial wave of customers arrive the runners will then be staged in lot B near the valet box which will have a key board which can be secured and a televhone or radio for communication with the lot captain. When a customer has completed their meal and the check is presented for payment the server will the ask the customer if they have a car which has been valet parked. • If so, then the server will acquire the reference number, notify the lot captain who then will call the runner to deliver the car from lot B to lot A, where it is staged and waiting when the customer departs the restaruant. The avenues that possibly could be driven in delivering a car from point A to point B is as follows: The existing parking lot (private Property) lot A up Carnation to Coast Highway to MacArthur Blvd, to lot B, or lot A down the alley to Fourth ave. to Avocado across Coast Highway to lot B. There are also numerous other avenues one could take-if so directed in accomplishing the desired task of transfering cars. The signal at MacArthur and Pacific Coast Highway cycles approximately every minute or less depending on volume and direction of traffic, Independent studies have shown that it takes an average of one and a half minuted to two minutes to deliver a car from lot A to lot B • or visa versa at average speeds. Two to three minutes would be sufficient to deliver a car from one location to another if proper lead time was used. Regardless of the location of the existing Restaurant and provosed Off -site parking lot, I feel strongly that a system can and will be developed to handle the parking needs for our lunch business. 1_ The building in question has: approximately 5500 square feet which is •utilized by Hemingways Restaurant, Fragments, and Unique Homes. Fragments, a boutique and hair cutting salon occupies approximately 800 square feet of space on the ground floor of the building in question. Unique Homes occupies the entire upstairs of the building. The total square footage occupied by Uniques Homes is approximately 1700 square feet. Hemingways occupies the balance of the square footage within the building. The calcualtions are as follows: For Retail: Unique Homes 1700 square feet Fragments 800 square feet Total 2500.00 square feet 1/250 square feet 10 spaces Presently existing within lot A are 18 spaces, it is proposed that the restaurant be able to use 8 spaces between 11:00 to 3:00pm still leaving 10 spaces for Unique Homes and Fragments. Also note that during the lunch hour sales personnel from Uniques Homes may be elsewhere enjoying lunch relieving congestion. I hope that this helps clarifys some of the points of concern. If any question arises please contact me at my office. The phone number is 673 -0120. tivel'� S}ipmitted, i RHJ /cel 4 4VACA'DO ,QV5"16 • .b! j.44 .ft. aO Q7• 3e do 4 m •N1 .fte .7« . >.1 .Jed .7ef .7 -0 Ue \ y N , •� I I O 3 N zz 0 '0 m -.4 ry '•t.� _ i ..77_ ITT •0 O H W i H�\ lL � ° '""^I. � I j I'. jy +1f., � 1 a . ^�75' ♦ • ij 1 v fy. Y4 f0. Yp..flL 1di ]di. ]I!' .IJb ]dG 71P , 1 •.•�:0....� O ACAct A a,1 .411E. ��N : I ?AOO E.lLN6T HwY . 1 !d �100� ,• �Vf� _ ,d.. •. TO.• .. .,.,. !d' ,b. J /LO �I r. » 11 1'�p I v �•P. I8-s°9 #9D � + � r � Q 7d I N 1 .]% 1e1 '1//' Y • • I j ttttt at it P J,t\A� �5 .O' M / CARIVAT ION Ave �'�, • L Iv 0 u tit` � 0 I Q M t l A d ge -P. U. £. ILIf.O.t. •' ➢G i7 a.e. Toze;JrT .�. )0 !! •` la �� N j September 4, 1981 40 CITY OF NEWPORT BEACH ` Lee A. Branch County Recorder P.O. Box 238 Santa Ana, California 92702 OFFICE OF THE CITY CLERK (714) 640 -2251 G Attached for recordation is the Off -Site Parking Agreement for Hemingway's Restaurant, 2441 East Coast Highway, which was authorized by the City Council by Resolution No. 10004 on March 23, 1981. Please record and return to the City Clerk's office. Thank you, Wanda E. Andersen City Clerk City Mall • 3300 Newport Boulevard, Newport Beach, California 92663 Y 1596: RCORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 BK 42 1 7PO 1830 EXEMPT REI I Eo ur o�� c � �� uns C 7 of otA COUN`FY, CALIFOWA "1I 10 : AM SEP 14 '81 LEE A. Space Above This Line For Recorder's Use Only OFF-SITE PARKING AGREEMENT HEMINGWAYS RESTAURANT 2441 East Coast Highway Corona Del Mar, California 92625 THIS AGREEMENT, made and entered into this day of March, 1981, by and between and and CC CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," ELIAS SHOKRIAN, hereinafter referred to as "Owner," RANDALL H. JOHNSON, hereinafter referred to as "Lessee," is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: 1 I. Owner owns certain real property located at 2421 East Coast Highway, in the City of Corona Del Mar, County of Orange, State of California, which real property is more particularly described as: Parcel 1 as shown on the Parcel Map filed in Book 68, Page 8 of Parcel Maps, Records of Orange County, California, hereinafter referred to as "the property"; and Ii. Lessee operates on property located at 2441 East Coast Highway a restaurant known as Hemingways. Provisions of the Newport Beach Municipal Code require persons conducting a restaurant, to provide parking spaces for their customers; and III. Lessee has applied to City for a Use Permit, has done so because Lessee proposes to expand the restaurant, and the changes proposed by Lessee are such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement with Owner, which agreement grants to Lessee the exclusive right to use 10 automobile parking spaces on the property after 5:00 p.m.. A copy of the written agreement is attached hereto and marked Exhibit "A." V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of a Use Permit, recommended to the City Council of the City of Newport Beach approval of this Off -Site Parking Agreement after determining that the conditions of Section 20.30.035(D) of the Newport Beach Municipal Code were satisfied; and 2 BK 14217PB 1832 VI. The City Council of the City of Newport Beach considered the proposed Off -Site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code, and authorized execution of this Agreement, NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee shall execute, and do all things necessary to ensure the effectiveness and validity of, the written agree- ment pursuant to which Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by the Lease Agreement (Exhibit "A") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates a retaurant located at 2441 East Coast Highway, and with the characteristics, and intensity of use, authorized by the Lease and any previous approvals granted by City. 2. In the event that the use of the off-street automobile parking spaces provided for on this Lease Agreement (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the following: a. Alter the characteristics of, or reduce the capacity of, the restaurant located at 2441 East Coast Highway, that the automobile parking spaces available to, and under the control of, Lessee are, given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal Code; 3 BK 14 217 Po 1833 b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and C. Prior to resuming business in the manner authorized prior to the loss of the parking spaces,Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement (Exhibit "A") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all times the restaurant is open for business, provide a sufficient number of parking attendants to ensure that the off-street parking spaces are utilized for the purposes intended. 4. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission and/or City Council of the City of Newport Beach in conjunction with the approval of the Use Permit. The minutes of the Planning Commission and/or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "B", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to the expira- tion of the written Lease Agreement, (Exhibit "A") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and 4 contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A"). 6. This Agreement shall run with the property shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation ATTEST: City Clerk OWNER STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On C. 1, 1981, before me, the undersigned, a Nar Public ,n and for said State, personally appeared whose name is subscribed to the within instrument and acknowledged thatexecuted the same. Witness my hand and official seal. ..,..° ye IC A- 'Al � p ETHEL M. WITTS NOTARY PU PRINCIPALLIC a CALIFORNIA F My LOS ANCLESCCE IN Commission F�cTY pires May 14 19 34 Notary Public 5 s Bic 1 4 2 1 7 po 11337 PARKING LOT LEASE AGREEMENT This Parking Lot Lease Agreement in theory is made and executed this 1 day of ,. &6vJ <- 1980, by and between ELIAS SHOKRIAN, (hereinafter called "Lessor") and RANDALL H. JOHNSON dba HEMINGWAYS INC. (hereinafter called "Lessee"), and shall run concurrent with the conditional Use Permit. WITNESSETH: That each of the aforesaid parties acknowledges the receipt of a valuable consideration from the other and that they and each of them act herein in further consideration of the engagements of the other as herein stated, that specifically the Lessor, for and in consideration of the rents hereinafter received -by the Lessor and the covenants and conditions herein agreed to be kept and performed by the Lessee, does hereby demise, lease and let onto the Lessee, and the said Lessee does hereby hire, accept and take from Lessor that certain parcel of real property described as: Bt- rcrk- —,1-3 ii Parcel 1 as shown on the parcel map filed in Book 68, Page 8 of Parcel Maps Records of Orange County, Ca. Said real property (hereinafter called "Property") to be used only for the purpose of a parking lot under the following terms and conditions: 1. TERT41: The tern: of this lease shall be for an initial period of three (3) years, commencing upon approval of Planning Commission and terminating three (3) years thereafter. 2. RENT: The rent for the initial term shall be $300.00 (Three Hundred Dollars) payable in equal monthly installments of U. S. Currency in advance on the first day of each month of the initial term. EXHIBIT "A" f J, i BK '14217po -838 3. HOURS: Lessee shall have the use of the property each day of �S the week including Saturdays & Sundays from the hours of bpm to tam. $ . . �' amu. , •. � � .- � � _.. .. ct-,�f. � : >�:r:,. �- .f , �'i► , �r �. e � . �t� �1 t %` f . y i�'�� .. � - �t oat 4. OPTION: The Lessee is hereby granted an option for an additional term to run concurrent with the extension set forth by the Modifications Committee at a rental to be negotiated at the time Lessee exercises his option. Said monthly rental rate shall be reasonable Aft 5,J at the time the option.is exercised, which must occur no later than 30 days prior to expiration of the initial term. In witness whereof, the parties hereto have duly executed this Parking Lot Lease Agreement the year and day first above written. FOR LESSOR: ELIAS SHOKRIAN, Lessor EXHIBIT "A"" FOR LESSEE) `ped f RANDALL H. JOHNS' t , Lessee Y�STATE OF CALIFORNIA 1 �I! °� 1 �rV + (2 8 3 � COUNTY OF Orange K E J} ss. j m May 28 1981 E On y + before me, the undersigned, a Notary Public,ifi' and for 0 o said State, personally appeared Randall H. Johnson known to me to be the person whose name is subscribed to the within instrument and acknowledged to me the same. hand and official re OFFICIAL_ SEAL_ MARGARET M. FERMANDEZ N0OTARY PUBLIC -^CALIFORNIA PRMCIPAL OFFICE IN m ORANGE GOUNT7 My CommMOR Expires November 6, 1981 Name (Typed or Printed) (This area for official notarial seal) BK 142 1 7PO 1.837 PARKING LOT LEASE AGREEMENT This Parking Lot Lease Agreement in theory is made and executed this ! day of j Z-- 1980, by and between ELIAS SHOKRIAN, (hereinafter called "Lessor") and RANDALL H. JOHNSON dba HEMINGWAYS INC. (hereinafter called "Lessee"), and shall run concurrent with the conditional Use Permit. WITNESSETH: That each of the aforesaid parties acknowledges the receipt of a valuable consideration from the other and that they and each of them act herein in further consideration of the engagements of the other as herein stated, that specifically the Lessor, for and in consideration of the rents hereinafter received.by the Lessor and the covenants and conditions herein agreed to be kept and performed by the Lessee, does hereby demise, lease and let onto the Lessee, and the said Lessee does hereby hire, accept and take from Lessor that certain parcel of real property described as: Parcel 1 as shown on the parcel map filed in Book 68, Page 8 of Parcel Maps Records of Orange County, Ca. Said real property (hereinafter called "Property") to be used only for the purpose of a parking lot under the following terms and conditions: 1. TERM: The term of this lease shall be for an initial period of three (3) years, commencing upon approval of Planning Commission and terminating three (3) years thereafter. 2. RENT: The -rent for the initial term shall be $300.00 (Three Hundred Dollars) payable in equal monthly installments of U. S. Currency in advance on the first day of each month of the initial term. EXHIBIT "A" F BK 14-217PG 1.838 3. HOURS: Lessee shall have the use of the property each day of �S the week including Saturdays & Sundays from the hours of bpm to 2am. • s'Y�'.`+w-_'► •; e •.::�.' :fy�s .:, uth`,Ct�a_P.`.: rx'+ :t. r►�.`ti.. � — �� / ��.!Y...��•' � .�= '�=�r 4. OPTION: The Lessee is hereby granted an option for an additional term to run concurrent with the extension set forth by the Modifications Committee at a rental to be negotiated at the time Lessee exercises his option. Said monthly rental rate shall be reasonable ft 5,S a at the time the option.is S exercised, which must occur no later than 30 days prior to expiration of the initial term. In witness whereof, the parties hereto have duly executed this Parking Lot Lease Agreement the year and day first above written. FOR LESSOR.: ELIAS SHOKRIAN, Lessor EXHIBIT "A" FOR LESSEE,, i RANDALL H. JOHN 1114.1t:-�'_,..4':.;z'_' . , Lessee `7 Bv 14217PO 1 836 FstaZ&shed 1972 2441 East Coast Highway Corona Del Alar, California 92625 g (714) 673-0120 LETTER Q r ? 1, T E "N i Ti'.._s is to i.:+..''"'.,f'_"!`:Ii that ELIAS SHOK -Ic'-Nl herebyrefe ire+,_i + as 1._c'.:;` or is willing to enter into an WiC tei three (3) year leas. :. o the � �1 F: rr {'� the o n known 1/ 2 E .. .ice: ��.�.. street parking C �^.��..1rZ�E=� 4-:i1�rfT'x cZS ��-: t E. with _, {, '}- Hwy , .ix(i�Del Mar, California, 1EM ylWASS -r• ... _ .Y -r e rd to as Lessee, at the rental Lee of Three H't? i s d ., e 5 DOW,, ($302.00), y)e.L .iiioLi.Mh. ' The uses of the parking on this Lease shall be for the C ..., ' g: ' t5 } �'t'.L .S 'y (;i r.. �.'ut v;iiS, Sh'x,�e!�.!�iLa} '< t.:i:,"iC:,..e:t:L1(:�"�llxE'..."i:_ i�a% shall be�?St 2i .�le premises ._-�.:i..__.j forth Y / (oar., concurrent - with the durations >. �'�..forthbytheModifications4-,�".•i:u 1_x.'_"l'- EXHIBIT "A'' f Ar-mORDER'S MEMO: LEGISILITV OF WMT", `HYPING OR PRINTING UNSATISFACTORY H,4 I� Newport Harbour National Bank P.O. Box 7670 Newport Beach, California 92660 City of Newport Beach work Department 3300 Newport Blvd. Newport Beach, California 92660 To 4h cm It May Concern: This is a certificate of deposit that is to be held by you for u T9r. Randall Johnson who is the sole owner of Hemingway Restaurant here in Corona del Mar. Upon the date of maturity listed on this certificate we need for you to return this item to us with you signing off of it. Thank You, �,— �.�.1' ^!rte\.. t.. �:�r--- .. -..1� ��•��J/___., New AceountS Nickolette D. Yuba 4JEti'J4091 EEAGNI 'LT`S OAEbF �C��i O , NEwwRTHARBom NATIONAL BANK 1016 NpT4 -vERS NA Pacific Coast Hwy. at MacArthur Blvd., P.O. Box 7670, Newport Reach, CA 92660 (7141760-1000 THIS CERTIFIES THAT THERE HAQ I Bt'. NATIONAL BANK ' `f 4T S F -- PAVARLP m * ** City of Newport Beach work Del3t. * ** AnnDacc 3300 Newport Blvd, Newport Bch, SOC. SEC. OR TAX 10. N0. I INTEREST RATE I INTEREST PAYABLE I DATE OF ISSUE I MATURITY DATE I AMOUNT DEPOSITED 95- 2883471 15.250 % xT I At Maturity I 3 -31-81 1 5-29-81 Is 500.00 annum PAYABLE IN CURRENT FUNDS AT ANY MATURITY DATE UPON PROPER ENDORSEMENT AND SURRENDER OF THIS CERTIFICATE. THIS CERTIFICATE SHALL BE AUTOMATICALLY RENRWED FOR ADORIONM PERIODS EQUAL TO THE ORIGINAL TUN, UNLESS ME OWNER MEREOP MUSKS THIS CERTIFICATE POE PAYMENT ON, OR WONIN TEN DAYS AFTER. ANY MATURITY DATE, OR UNLESS ME BANK MAILS WRITTEN NOME TO THE OWNER, AT THE ABOVE ADDRESS, AT LEAST TEN DAYS PRIOR TO ANY MATURITY, OF THE SANMS INTENTION TO REDEEM THIS CERTIHCAIB. INTEREST HEREON SHALL BE PAYABLE DURING THE PERIOD OF EACH SUCH RENEWAL AT THE RATE BEING PAID BY THE BANK ON TIME CERTIFICATES OF DEPOSIT AS OF THE DATE OFI SUCH RENEWAL. THIS CERTIFICATE MAY BE REDEEMED IN ADVANCE OF EACH MATURITY DATE ONLY WITH THE CONSENT OF THE EI NK AND ONLY IN ACCORDANCE WITH T HE ,PENALTY FOR EARLY WNHDRAWAL. CYDEPOSIT INTEREST TO ACCOUNT NO. ❑ MAIL INTEREST CHECK 31 Hemingways P.O. Box HH Balboa Island, Calif. 92662 AUTHOR12RD SIGNATURE May 29, 1981 so CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 �eerry ko&A.) - w 2ue A K-4 k >� Q.AmM Lee A. Branch 1 County Recorder P.O. Box 238 Santa Ana, California 92702 Attached for recordation is the Off -Site Parking Agreement for Hemingway's Restaurant, 2441 East Coast Highway, Corona Del Mar, California, which was authorized by the City Council of the City of Newport Beach by Resolution No. 10004 on March 23rd, 1981. Please record and return to the City Clerk's Office. Thank you, 4 :, , C. G WANDA E. ANDERSEN City Clerk WEA:da attach. Otn I Lill ^ ;')800 Newju,rt Uoulc\ ard. Newjmrt Be;wh, C'alifnrnia 92663 a RESOLUTION NO. _10.004 9* A RESOLUTION OF THE CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HEMINGWAYS RESTAURANT IN CONNECTION WITH USE PERMIT NO. 1778 (AMENDED). 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 Hemingways Restaurant in connection with Use Permit No. 1778 (amended), and; WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 this23rdday of March ATTEST: City Clerk 'Ka a E. Andersen 1981. Mayor Jackie E. Heather 032381 RB /pr CCity Council Meeting March 23, 1981 0� Tw"' Agenda; -Item No. F -2(a) By ii3a U,i (c vJsdti iL C;TY Or "f- _4uPO1Zf B5ACH TO: City Council CITY OF NEWPORT BEACH FROM: Planning Department SUBJECT: Request for an Off -Site Parking Ag conjunction with the expansion of Hemingway's Restaurant facility in (Use Permit No. 1778 (Amended) LOCATION: ZONE: APPLICANT: OWNER: Application eement in Fe existing the C -1 District Lots 5 and 6, Block B of Tract No. 470, located at 2443 East Coast Highway in Corona del Mar (restaurant site). C -1 Randall H. Johnson, dba Hemingway's Restaurant, Corona del Mar Jim Wood, Corona del Mar This application requests approval of an off -site parking agreement in conjunction with the expansion of Hemingway's Restaurant facility. 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 build- ing site or sites unless: a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. b) Parking on such lot will not create undue traffic hazards in the surrounding area. c) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are en- titled 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, providing for the maintenance of the required off - street parking on such lot for the duration T0: City Cowci1 - 2. 40 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 applic- able at the time shall apply. Such instruments shall be recorded in the office':of the County Recorder and copies thereof filed with lbe Planning Department. Suggested Action If desired, adopt Resolution No. authorizing the execution of an off -site parking agreement between the City of Newport Beach and Randall H. Johnson, Corona del Mar. Planning Commission Recommendation At its meeting of ,August 7, 1980, the Planning Commission voted unani- mously to approve Use Permit No. 1778 (Amended) which permitted the expansion of the existing Hemingway's Restaurant facility in Corona del Mar. The Commission also recommended the acceptance of an off - site parking agreement for a portion of the required parking spaces. Forty (40) off - street parking spaces were required by the Commission in conjunction with the expanded restaurant development. Eight of the required parking spaces are located on the restaurant site. Twenty - two (22) additional parking spaces for the restaurant use are located on two off -site parking lots,located at 705 and 707 Carnation Avenue, that were approved by the City in 1958 and 1967. The applicant is now proposing to enter into an additional off -site parking agreement for the remaining ten required parking spaces with the owner of the new commercial structure located at 2421 East Coast Highway, westerly of the subject property. Said parking spaces will be utilized by the restaurant facility during the evening hours when the commercial use is closed for business. The Commission approved Use Permit No. 1778 (Amended) subject to five Findings and nine Conditions of Approval as set forth in the excerpt of the Planning Commission minutes which is attached. Also attached for the information and review of the City Council is a copy of the Planning Commission Staff Report which fully describes the applicant's request. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by I LI M LAKOChF Current Planning -Administrator WRL /kk Attachments for City Council Only: 1) Vicinity Map 2) Excerpt of the Planning Commission Minutes dated 8/7/80 3) Planning Commission Staff Report with Attachments r1 � � ✓.��. +�NNI 1.lH�. w� II•N Yw�h =l ..• .�. •. R MtMwt M � •M Y !• .w F\.\I • .Y rr . ._• w✓ •.w 4.W .. - [[r M v! �j �1 ! \4 • 9riE /tAl v i Ifs r. trr fYw •n DISTRICTING MAP WPORT BEACH - CALIFORNIA AGIiE1µlYYK f[l�Dlw1�K � YVIT•U •{}O(Y�.{a Yw(l{ IfMl1 I[LO[wI1K (_[ lIM1 COYY(OaM DYI \ {f Yl1NwYK G-f G{w{IK GOw[AOK 1RfYY YYIT�R{ •Y•1 •OO♦M1'Y Y-1 pwOlwCila.M a� f4 Y!A cornwoY as1•.cr u.ci•svnm OFF -SITE *A1tk /N6 ASREGMENT 9, � i gust 7, 1980 r" of Newport Beach MINUTES Request to amend a previously approved use permit that permitted the establishment of a restaurant facility with on -sale beer and wine in the C -1 District, and the acceptance of an off -site parking agreement. The proposed amendment in- cludes.the conversion of an existing structure, adjacent to the existing restaurant, which will be used for additional public serving area, and the acceptance of an off -site parking agreement for the expanded restaurant facility. LOCATION: Lots 5 and 6, Block B of Tract No. 470 located at 2443 East Coast Highway in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson, dba Hemingway's Restaurant OWNER: Jim Wood, Corona del Mar The Public Hearing was opened in conjunction with this item. Commissioner Haidinger asked if the applicant was present and Mr. Johnson approached the podium to speak. He stated he had read the findings and conditions of the Staff report and that they were most acceptable to -him. Commissioner Allen asked Staff to explain if there was a time limit on this application. James Hewicker, Planning Director, stated that no time limit would be required unless the Com- mission imposed said condition on the use permit. Commissioner Allen continued her comments by saying that she knew that the Corona del Mar business property owners and the Corona del Mar Chamber of Commerce were proposing a Specific Area Plan in the commercial area of Old Corona del Mar, and questioned whether action on this matter should be deferred or brought up again when the Plan is reviewed. Planning Director Hewicker stated that if the Commission approved the subject use permit, and then the Specific Area Plan was subsequently ap- proved, and the restaurant use became legal -19- 1 ri Oust 7, 1980 I1 City of 40 but nonconforming, it was his opinion that the restaurant use could continue as a legal, non- conforming use. Mr. Johnson mentioned that in the Staff report it was stated that he had more parking for his restaurant than was actually required. MINUTES Planning Director Hewicker stated that the use permit for the existing restaurant facility had to be renewed every few years at which time mem- bers of the Staff go out and make sure the sub- ject resaurant use.was conforming with all con- ditions of approval., Commissioner Beek asked Mr. Johnson to clarify his hours of operation as mentioned in his letter to the Commission. Mr. Johnson replied he would be interested in having his restaurant hours from 5:30 P.M. to 10:30 P.M. He stressed he was a dinner house only, as opposed to a liquor lounge, or a bar, and that his clientele frequently dined late, following various cultural or social gatherings. He reiterated that he did not wish to draw any after -hours patrons and wished only to continue as a dinner house and his request for later hours had only to do with serving din- ners. Mr. Johnson commented that he knew the Commission would make a decision based on serving the betterment of the community and stated that he respected that commitment. Commissioner Beek requested from Staff a comment on the closing hours for Hemingway's Restaurant, mentioning that the owner now had a use permit of being open until 10 :00 P.M. at night, when in fact the restaurant accepted reservations until 10:00 P.M. which really meant that the restaurant use was open after 10:00 P.M. to finish serving its customers. Planning Director Hewicker said it was his inter- pretation that the restaurant should be closing at 10:00 P.M. as the hours of operation of the approved use permit stipulate that the restaurant -20- 3 COMMISSONLKS Motion Motion Motion Ayes Noes Ali Ayes Ougust 7, 1980 00 of Newmt Beach MINU TES use shall not be open for business after 10:00 P.M. Mr. Hewicker added that two of the off -site. parking lots now used for Hemingway's Restaurant were required to be closed at 10:00 P.M. due to the proximity of the residential area to the restaurant. Commissioner Beek suggested that the actual restaurant operation hours be amended to close at 11:00 P.M., as that hour would better exemplify the actual operating hours of the restaurant. Commissioner Cokas made a motion to approve this item, but to amend the restaurant closing time to read that the last reservations shall be taken at 10:00 P.M. An amended motion was made that the closing time of the restaurant be 12:00 midnight, which was accepted by Commissioner Cokas. Commissioner Beek then brought up the subject of valet parking in connection with this use permit. Staff was asked to explain why Condition No. 5 for valet parking was included in their recommen- dation. Planning Director Hewicker explained that the proposed off -site parking area was loca- ted in a partially subterranian parking structure and it was determined by Staff that in order to get the full benefit of the lot and to make it fully usable for the restaurant's patrons, that valet parking should be utilized. It was further stated that the parking spaces on the subject off -site lot were irregular. Amended motion was made that Condition No. 5 be deleted so as to eliminate the requirement for vale.t parking. Commissioner Beek's.amended motion was voted on and failed, and therefore, the valet parking re- quirement was retained. The original motion of Commissioner Cokas was the voted on and carried with the following findings and conditions: -21- 14 _ S COMMISSIONERS efugust 7,' 1980 MINUTES City of Newport Beach ROU CALL I I I I I I INDEX FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. A portion of required parking spaces for the proposed restaurant facility on separate lots from the building site is justifiable for the following reasons: (a) The.off -site parking lots adjoining the restaurant and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The applicant either has or can provide long term agreements for the use of the subject off -site parking Hots during the evening h6urs of the week '"and on weekends or holidays when the restaurant will be in operation. 5. The approval of Use Permit No. 1778 (Amended) i will not, under the circumstance; of this case be detrimental to the healt�, safety, peace, morals, comfort, and gene al welfare of persons residing and working i the neigh- borhood or be detrimental or inju ious to property or improvements in the n ighborhood or the general welfare of the City CONDITIONS: 1. That development shall be in substa tial con- formance with the approved plot plan 2. That an off -site parking agreement b+ approve by the City Council guaranteeing tha a mini- mum of 10 additional parking spaces b pro- vided at-2421 East Coast Highway. _22- 1 ,I. 1 � S �Planning Commission Mee August 7, 1980 Agenda Item No. 16 CITY OF NEWPORT BEACH August 1, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 1778(Amended) (Public Hearing) Request to amend a previously approved use permit that permitted the establishment of a restaurant facility with on -sale beer and wine in the C -1 District, and the acceptance of an off -site parking agreement. The proposed amendment includes the conversion of an existing structure, adjacent to the, existing restaurant, which will be used for additional public serving area, and the acceptance of an off -site parking agreement for the expanded restaurant facility. LOCATION: Lots 5 and 6, Block B of Tract No. 470 located at 2443 East Coast Highway in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson, d6A Hemingway's Restaurant OWNER: Jim Wood, Corona del Mar . Application The applicant is requesting an amendment to a previously approved use permit that permits the operation of a restaurant facility with on- sale beer and wine so as to expand the existing public dining areas into an adjoining office space. This application also requests approval of an off -site parking agreement necessary to provide the required parking in conjunction with the proposed restaurant expansion. The conditions which must be met in order for the Planning Commission to recommend and the City Council to approve off -site parking agreements are contained in Section 20.30.035 D of the Newport Beach Municipal Code. Use Permit procedures are outlined in Section 20.80 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 requirements of the California Environmental Quality Act. - 1 - I TO: "ing Commission - 2. Subject Property and Surrounding Land Use The subject restaurant facility is located in an existing commercial/ office building on East Coast Highway. To the north, across Coast Highway at MacArthur Boulevard is a temporary bank facility and a vacant parcel. To the east, across Carnation Avenue is a restaurant facility and related parking lot. To the south, behind the subject property are parking lots and residential uses. To the west is a new commercial /office building with related parking area. Background At its meeting of May. 10, 1976, the City Council voted to sustain the Planning Commissions approval.of Use Permit No. 1778 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, except as noted in Condition No. 8. 2. That all exterior lighting and signs shall be approved by the Director of Community Development: 3. That all mechanical equipment and trash areas shall be screened from public streets or adjoining properties. 4. 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. 5. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 6. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of twenty -two parking spaces shall be provided on Lots 5 and 7. Block 730 of Corona del Mar, for the duration of the restaurant use on the property in question. 7. That the restaurant facility shall not be open for business prior to 5:00 P.M. or after 10:00 P.M., Mondays through Fridays, or prior to 9:00 A.M. or after 10:00 P.M. on weekends or holidays. These hours may be adjusted by the Planning Commission provided satisfactory parking can be provided in another location. 8. That the parking spaces on Lots 7 and 9 shall be restriped in accordance with a plan to be approved by the Traffic Engineer and if necessary the most northerly curb cut and driveway shall be closed.up. 9. That adequate lighting be provided in the parking lots. On June 14, 19.76, the City Council approved Resolution No. 8795, approving an off -site parking agreement between the City of Newport Beach and the applicant, Randall H. Johnson. No fewer than 22 off- street parking spaces were to be provided on adjacent property. 12 N M TO: Planning Commission - 3. The Modifications Committee pursuant to condition of approval no. 5 for Use Permit No. 1778, granted two (2) year extensions in September of 1978 and July of 1980; the latter valid until September of 1982. Analysis The applicant is now requesting an amendment to the previously approved Use Permit No. 1778 to expand the existing dining area into an adjoining office space. Approval of an off -site parking agreement is also being requested in conjunction with this application. The proposed remodeling and expansion will increase the net public area from the existing 1172 square feet to 1596 square feet. Based upon the current City standard of one parking, space per 40 square feet of net public area, 40 parking spaces are required. The Planninj Commission under Section 20.30.035 B. (4), of the Municipal Code may increase or decrease the parking requirements of a restaurant within the range of 1 space per 30 (53 spaces) to 50 (32 spaces) square feet of "net public area." Staff feels that one parking space for each 40 square feet of "net public area" should be adequate since no dancing or live entertainment is proposed. Parkin__ As indicated on the attached site plan, the applicant is proposing to utilize a total of 45 parking spaces, 8 of which are located on -site, with the balance being off -site. These on -site spaces are identified as spaces 13 through 20 on the site plan. Off -Site Parking Under the terms of the existing off -site parking agreement between the applicant and the City, the applicant is required to provide not less than 22 off -site parking spaces on the property adjacent to the site of the restaurant facility. Spaces identified as 1 through 12 to the rear of the existing structure are on Lot 7, located at 707 Carnation Avenue. The off -site parking on Lot 7 was established under Use Permit No. 472, which was approved by the Planning Commission on November 20, 1958. The use of the 12 spaces on this R -2 lot are restricted and the lot is to remain closed between the hours of 10:00 P.M. and 6:00 A.M. Those spaces identified as 1 through 10 are on Lot 5, located at 705 Carnation Avenue. The off -site parking lot on Lot 5 was established under Use Permit No. 1190, approved by the Planning Commission on July 20, 1967. The use of the 10 spaces on this R -2 lot are also restricted and this tot must similarily be closed between 10:00 P.M. and 6:00 A.M. The applicant is proposing to enter into an additional off -site parking agreement with the. owner of a new commercial structure located 11 74?1 East Coast Highway, directly west of the subject property. A Lo tal of 15 parking spaces will be made available for weekends and evenings only. According to the "letter of intent" submitted by the applicant and signed by the property owner. The applicant intends to provide valet parking service to facilitate the use of the off -site parking lots. T0: ri, .;ng Commission 4. Specific Findings and Recommendations Section 20.80.060 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 of building applied for will not, under the circumstances of the par- ticular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 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 located as to be useful in connection with the proposed use or uses on the building site or sites. i B) Parking on such lot will not create undue traffic hazards in the surrounding area. i C) Such lot and the building site are in the same ownership, or the f 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, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use Er 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. Staff recommends approval of this request to amend Use Permit No. 1778 and also recommends that the proposed off -s.ite parking agreement be forwarded to the City Council for approval. Should the Planning Commission desire to approve this amendment to Use Permit No. 1778 and forward the proposed off -site parking agreement to the City Council, the findings and conditions of approval as set forth in Exhibit "A" are recommended. PLANNI DEPARTMENT JAM HEWI 4ER, D C70R By ris Associate Planner CG /dt Attachments: Exhibit "A" Vicinity Map Letter from Applicant Letter of Intent Plot Plan S Floor Plan /O �r: TO: FINDINGS: 1 2 3 4 Pleeg Commission - 5 EXHIBIT "A" N Findings and Conditions of Approval Use Permit No 1778 (Amended) That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. The project will not have any significant environmental impact. The Police Department has indicated that they do not contemplate any problems. A portion of required parking spaces for the proposed restaurant facility on separate lots from the building site is justifiable for the following reasons: (a) The off -site parking lots adjoing the restaurant and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The applicant either has or can provide long term agreements for the use of the subject offsite parking lots during the evening hours of the week and on weekends or holidays when the restaurant will be in operation. 5. The approval of Use Permit No. 1778 (Amended) 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 or imprgvements in the neighborhood or the general welfare of the City. CONDITIONS: That development shall be in substantial conformance with the approved plot plan. 2. That an off -site parking agreement be approved by the City Council guaranteeing that a minimum of 10 additional parking spaces be provided at 2421 East Coast Highway. 3. That the existing off -site parking agreements which provides for a minimum of 22 parking spaces at 705 and 707 Carnation Avenue be maintained. 4. That the restaurant facility shall not be open for business prior to 5:00 P.M. or after 10:00 P.M., Mondays through Fridays, or prior to 9:00 A.M. or after 10:00 P.M. on weekends or holidays. These hours may be adjusted by the Planning Commission provided satisfactory parking can be provided in another location. 11, T0: 1 ng Commission - 6. 00 5. That valet parking service be provided during the hours the restaurant facility is open. 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. That approximately 150 sq.ft. of deteriorated A.C.C. sidewalk be reconstructed along the Carnation Avenue frontage and that the existing parkway tree that is displaying a portion of the sidewalk be root pruned or removed as required by the Parks., Beaches and Recreation Department. 8. That arrangements be made with the Public Works Department to guarantee the satisfactory completion of the public improvements if it is desired to obtain a Building Permit prior to completion of the public improvements. 9. That all remaining applicable conditions of Use Permit No. 1778 shall continue to be met.. /zL y 0 %rwTr�I�•I%�N ..� :t:.• ; a .. P-C A dip srre ITV � A T r 7 R '7 tTrl '• Py R7 � 7 c, R7 1 yb 0 P 4 l ` Rr R` LPC o �• / ♦ '9i c0�� R7 �� e q7 r 7 f ,N � • � � R7 7 n \ nr 1.771 Yf Inw �n DISTRICTING MAP NEWPORT BEACH — CALIFORNIA N-• 1GIIKU(T1M[L 11lSWtNTIK WLTIOLE RR&NAFTM( R-I ANGLE g , RIAD N: C'I 4GNT CONNEXCIIL R"[ OONLE} RLipENTIL C -1 GENERAL CONNAICIK 140 R7 0 1 �ip i i i 5 i3 1111Y6 MYIT WNOI[CTm" -N CMNUrwR wl"NeT WAR) G!E Mfg MO F�m rrrd • ♦n 1. io♦ rt UNCL[1An[O Le -r Tare -r0- n,U[• 6 (,SSE" P&OEXM ir AbE o o>8 (Ammba) - i3 a M r � y \NU Fstadl&Aed 1971 ("'a'! IhQlwal • ( w"Ita /)( 'I W1, (ah1wma Q2425 • (714) L E T T E R O F I N T E N•T This is to confirm that ELIAS SHOKRIAN, hereby referred t.o as Lessor, is willing to enter into an initial three (3) year lease on the off street parking of the premises known as 2421 E. Coast Hwy., Corona Dc! Mar, California, with HEMINUVAYS RESTAURANT, h.t•-a� referred to as Lese:cc, at the rental fee of Three Hundred D.il.lac.s- ($30b.00), per month. The uses of the parking on this lease shall be for the ev.;ni —gs only (i-,cluding weekends). Thy commencement date shall be when the premises are fully developed for the \ises of the said purpose and shall run ccr_;:rret,t wit:-, the durations set forth by the Modifications Co=ittee (see existing Use Permit 1778). ELIAS SHOhRIAN, lessor H." INGIWAYS °ESTAGt rV ?' Randall ;i. Johnsen, Lessee 1� et z � N FstahAzAed 1972 (""W 1 i0mat • ( ?otoir Dr/,11,r. Cahji,n is 92625 • (7141 A73 -0120 TO WHOM IT MAY CONCERN: The hours of operation for the restaurant will be Monday through Saturday 5:30pm to 10:30pm and on Sunday 10:00am to 10 -.00pm. We want to serve dinner only Monday through Saturday and on Sunday offer brunch and dinner to our clientele. The use of the purposed room will be for our waiting guests with reservations and for our dinning guests to use as an after dinner lounge allowing them time to let their food and drink settle before they depart. The room, as well as the entire restaurant, will be under strict control by the Maitre 'd or the Host (the owner). Hemingways in the past 5 years has developed into an elegant dinner house supported largely by local clientele, both business and residences. By having a lounge area and a liquor license we can give our clientele the option to refresh themselves commensurate with their personal tastes. We are approaching this concept 'in a conservative manner, and wish all inquiries . about this propsed area refer to a "Library ", not a liquor lounge or bar area. This idea is in an effort to further accommodate our clienteles tastes and palates rather than create an atmosphere designed for sheer alcoholic consumption. The "Library" is designed to be a before and after dinner gathering place in the best of taste. 'Sincerely, Hemingways , ,Inc :2ca.aclGC.f � ?. tu.-�ciV Randall H. Johnson President Ar RESOLUTION NO. G'0 J Q� / A RESOLUTION OF THE CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HEMINGWAYS RESTAURANT.IN CONNECTION WITH USE PERMIT NO. 1778 (AMENDED). 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 Hemingways Restaurant in connection with Use Permit No. 1778 (amended), and; WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 a day of Q{j . , 1981. Mayor ATTEST: City Clerk 032381 RB /pr CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE Febraarp 11, 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1824 Description of Contract Off -mite Parking Agreaaeat Authorized by Resolution No. 9975 adopted on June 14, 1976 Effective date of Contract llacembar 24, 1976 Contract With RanAalt A_ .lnhnaen Address 9441 It "wimet Aighya_o Amount of Contract Saa Contract_ City Clerk N RECORDING REQUESTED BY AND WHEN RECORDED `1RN TO: 36526 City Clerk City of Newport Beach ° ' 3300 Newport Boulevard Newport Beach, California F1 120 11 PC ag I RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA Past 4 F? M. DEC 28 19-t6 J. WYLIE CARLYUE County Recerdor -Space Above This Line for Recorder's Use Only OFF-SITE PARKING AGREEMENT Randall H. Johnson 2441 E. Coast Highway, Corona del Mar, Ca. 24 THIS AGREEMENT is made and entered into this day of A5L , 1976, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and RANDALL H. JOHNSON, an individual, hereinafter referred to as "Johnson". W I T N E S S E T H: RECITALS: A. Johnson has received a Use Permit No. 1778 to allow the establishment of a restaurant facility known as "Hemingways Restaurant" in an existing commercial building located at 2441 E. Coast Highway, Corona del Mar, County of Orange, State of California, and described more particularly as: Lots 5 and 6, Block B of Tract No. 470 recorded in Book 17, Page 28 and a portion of Lot 9, Block 730 of Corona del Mar tract recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange County, State of California, hereinafter referred to as Parcel "A", and shown on Exhibit "A" attached hereto. B. The operation by Johnson of said restaurant facility requires not less than twenty-two (22) off-street automobile parking spaces located off-site of Parcel "A". C. Johnson has received approval from James B. Wood to utilize 12 parking spaces on property leased by him and owned by James and Eleanor Reinhart, hereinafter referred to as -Parcel f t r } "B" and shown on Exhibit "A" attached hereto, located at 707 Carnation Avenue, Corona del Mar, California. D. Johnson has further received approval from Pension Administrators, Inc. to utilize 10 parking spaces on property owned by it, hereinafter referred to as Parcel "C" and shown on Exhibit "A" attached hereto, located at 705 Carnation Avenue, Corona del Mar, California. E. Approval to utilize the necessary parking spaces by James Wood and Pension Administrators, Inc. is conditioned upon the hours of operation of the restaurant operated by Johnson being 5:00 P.M. to 10:00 P.M. Monday through Friday and 9:00 A.M. to 10:00 P.M., on weekends or holidays. F. The Planning Commission of the City of Newport Beach at its meeting of April 15, 1976 considered the off-site parking agreement in conjunction with consideration of Use Permit No. 1778 by Johnson to establish a restaurant and recommended approval of said off-site parking agreement to the City Council of the City of Newport Beach. G. The City Council at its meeting of June 14, 1976 considered the provisions of Section 20.30.035 of the Newport Beach Municipal Code and determined the off-site parking agree- ment should be approved. NOW, THEREFORE, in consideration of the foregoing, IT IS AGREED by and between the parties hereto as follows: 1. For so long as Johnson. uses Parcel "A" as the site for a restaurant facility, Johnson or his successor in interest will provide not fewer than twenty-two (22) off-street automobile parking spaces on the property adjacent thereto, referred to as Parcel "B" and. Parcel "C" and located at 707 Carnation Avenue and 705 Carnation Avenue, Corona del Mar, California. Further, said restaurant may not be opened before it 12011 893 5:00 P.M. or after 10:00 P.M. Monday through Friday or before 9:00 A.M. or after 10:00 P.M. on weekends or holidays. 2. In the event the use of the off-street automobile parking spaces as described above should be terminated for any reason, Johnson will immediately thereafter obtain additional off-street automobile parking spaces satisfactory to and to be approved by the City, or if substitute parking facilities are not obtained, Johnson will reduce the capacity of said restaurant to be consistent with the off-street automobile parking then available to Johnson on Parcel "A" measured by the City of Newport Beach parking standards then in effect. 3. This Agreement shall run with the property described 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 at the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Cler CITY OF NEWPORT BEACH A Municipa-1., Corporation By yo #f RANDALL H. JOHNS a 120 11 pc 394 CORON4 DFL MAR FRWY. (,UAG A 7—,M? PL.VO.) HIGH WAY 51-01 EXIIIBIT ttL n A1C NVE o I 10-5 dj O� � , 1a EXIIIBIT ttL n A1C NVE o STATE OF CALIFOPNIA ) SS County of Orange ) On December 24 , 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared Milan M. Do stal 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_ Rm Notary Public 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 said State STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) On -...C, L(jEj(L_-rid, 1976, before me, the undersigned, a Notary Public in and for. said State, personally appeared j),,:�U1 -. t� ��`� r whose name is subscribed to the within instrument and acknowledged that _�A-L-_`executed the same. WITNESS my hand Ltt,VjL GGUNTi P{;p (a3t�ri r,,,,vg fflr€,S� .'auris- Z2 and official seal. Notar 'ub. Y.c In aIld i�f_or san :State CITY OF NEWPORT BEACH CALIFORNIA December 27, 1976 City Hall 3300 W. Newport Blvd. Area Code 714 640 -2251 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Site Parking Agreement from Randall R. Jobnson for parkins purposes. g- Authorized by Resolution No. 8705 . City Manager authorized by Resolution No. 6773 to accept easement deeds. '4'. /L� Doris George City Clerk DG:swk enc. Cft OF NEWPORT %ACH MEMORANDUM: From Assistant City Attorney CITY CLERK December 20 To. - - -- _.. _....... _...._...... Re: Off -Site Parking Agreement 2441 E. Coast Highway Corona del Mar, California I have attached hereto an original and one copy of an Off -Site Parking Agreement between the City of Newport Beach and Randall H. Johnson regarding the above referenced property. Please obtain the appropriate signatures, have it recorded and a fully conformed copy returned to this office for transmittal to Randall H. Johnson. Thank you. HRC:yz Attachment 76 18........ 0 6 RESOLUTION NO. 8 79 5 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 RANDALL H. JOHNSON, BALBOA ISLAND, IN CONNECTION WITH THE ESTABLISHMENT OF A RESTAURANT FACILITY WITH ON -SALE BEER AND WINE, LOCATED AT 2441 EAST COAST HIGHWAY 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 Randall H. Johnson, in connection with the establishment of a restaurant facility with on -sale beer and wine, located at 2441 East Coast Highway; 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. ATTEST: City Cle ADOPTED this 14th day of June, 1976. DDO:yz 618176