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HomeMy WebLinkAboutC-1851 - Off-Street Parking Agreement (see also UP 3485)1 City Council Meeting March 8. 1993 $- Agenda Item No. s CITY OF NEWPORT BEACH ciry o .:_. . MAR 8 �� TO: Mayor and Members of the City Council FROM: Planning Department . 6, SUBJECT: Amendment to an Off- ►te Parking Agreement and Sales A¢i in Conjunction with a Proposed Restaurant/Brewnub Request to amend an existing off -site parking agreement and expand the daytime use of in -lieu parking spaces in the Cannery Village Municipal Parking Lot beyond the limits established by the sales agreement between the original property owner and the City, so as to allow the establishment of a restaurant/brewpub facility on the adjacent site (Use Permit No. 3485). • LOCATION: Parcel 1, Parcel Map 92 -40 (Resubdivision No. 527) (restaurant site); and portions of Lots 17 and 22 and Lou 18 -21, Block 230, Lancaster's Addition (off -site parking lot) located at 2920 Newport Boulevard, on the southeasterly corner of Newport Boulevard (northbound) and 30th Street, in Cannery Village. ZONE: APPLICANT: OWNER: Application SP -6 Dorothy Doan, Santa Ana Same as Applicant This item involves a request to amend an existing off -site parking agreement and expand the daytime use of in -lieu parking spaces in the Cannery Village Municipal Parking Lot beyond the limits established by the sales agreement between the original owner and the City, so as to allow the establishment of a brew /pub on the adjacent site (Use Permit No. 3485). Off -site parking agreement procedures for Cannery Village are set forth in Section 20.63.045 B of the Municipal Code. TO: City Cou* 2 I 1. If desired, approve the proposed amendment to the off -site parking agreement related to Use Permit No. 3485 with. she applicable findings recommended by the Planning Commission contained in the attached excerpt of the draft Planning Commission minutes dated February 18, 1993. 2. If desired, approve or deny the amendment to the sales agreement between the original owner and the City so as to extend the owners daytime use of in -lieu parking spaces in the Cannery Village Municipal Parking Lot. Background Relative to the Off -Site Parking Agreement At its meeting of February 18, 1993, the Planning Commission approved (6 Ayes, 1 Absent) Use Permit No. 3485 which permits the establishment of a combination restaurant/brewpub on property located at 2920 Newport Boulevard, in the Cannery Village /McFadden Square Specific Plan Area. The establishment of the restaurant/brewpub increases the off -street parking requirement for the subject property. The adjoining off -site parking lot located immediately east of the restaurant/brewpub property will provide additional required parking spaces. Said off -site parking lot is in separate ownership but is under long term lease by the property owner of the subject restaurant/brewpub site. The use of the privately owned off -site parking lot was approved in conjunction with the construction of the original building, and includes the provision of a minimum of 29 parking spaces. Inasmuch as all 41 of the off -site parking spaces will be required as a result of the approval of Use Permit No. 3485, the property owner is required to amend the off -site parking agreement so as to reflect the current number of required parking spaces. Background Relative to In -Lieu Parking Spaces The Planning Commission's approval of Use Permit No. 3485 also includes Condition No. 6 which limits the daytime "net public area" of the restaurant/brewpub to 1,240± square feet (approximately half of the proposed "net public area "), unless the applicant obtains the City Council's approval for the daytime use of the in -lieu parking spaces which were granted to the subject property owner by the City, in conjunction with the City's purchase of the property which is now developed as the Cannery Village Municipal Parking Lot. Under the terms of the sales agreement, Dorothy Doan is granted the option to purchase up to 47 in- lieu parking permits for the Cannery Village Municipal Parking Lot, provided that such parking spaces may be used for the benefit of the uses located on the Pelican Market site (the proposed restaurant/brewpub facility) and the adjoining Cafe Looma Restaurant site, and provided further that such parking may only be used from 5:00 p.m. to 6:00 a.m. The daytime restriction on the use of in -lieu parking spaces was to insure that the Cannery Village Municipal Parking Lot would be available to daytime businesses and visitors to Cannery Village and the beach. C] 0 i 'To: City Councils . Planning Commission In conjunction with its approval of Use Permit No. 3485, the Planning Commission recommended that the City Council approve the amendment to the off -site parking agreement and to allow the daytime use of the in -lieu parking spaces upon the approval of the City Council. Staff has attached a copy of the Planning Commission staff report and an excerpt of the Draft Planning Commission Minutes dated February 18, 1993 for the City Council's information. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director B Ir e4 W. William Ward Senior Planner Attachments for City Council only: Planning Commission Staff Report dated February 18, 1993 with attachments. Excerpt of the Draft Planning Commission Minutes dated February 18, 1993. Site Plan, Floor Plan and Elevations. r PLEASE COMPLETE THIS INFORVION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: td • Doc # 93-0237540 09 —APR -1993 022:50 F-;; Recorded in ilfficia? Records of Orarrae County, Califc*nia Lee A. bran:!. Lcunty Feccr]er Page i of b Rees. S nO.e • Tax: i O.tti i THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) W 11/92 • 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Current Planning Manager, Planning Department City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California 92659 -1768 (Space above this line for Recorder's use only) DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS WHEREAS, Thomas W. Doan and Dorothy B. Doan, Co- Trustees of Doan Trust of September 27, 1974 (hereinafter "Declarants) are the fee owners of that certain real property (hereinafter "Parcel 111) which is legally described as follows: Lots 23 and 24, and the Westerly 20.5 feet of Lot 22, Block 230 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County. Said land is included within the area as per map recorded in Book 92, Page 40, of Parcel Maps, in the Office of the County Recorder of said County. WHEREAS, By a series of assignments, Declarants are the as- signees of that certain seventy five (75) year ground lease origi- nally between Kenneth L. Gabriel and Paul D. Hosman, as Lessors, and Francis M. Delaney, as Lessee, a memorandum of which was re- corded on January 6, 1976, in Book 11613, Page 1798, Official Records of the County of Orange, State of California (hereinafter "Parcel 211) which is legally described as follows: The Westerly 12.5 feet of Lot 17, all of Lots 18, 19, 20 and 21, and the Easterly 9.5 feet of Lot 22, Block 230 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14 of Miscellaneous ! Y 0 0 Maps, in the Office of the County Recorder of said Coun- ty. WHEREAS Declarants have applied for and obtained from the City of Newport Beach after a hearing on February 18, 1993, approval of Use Permit No. 3485, (hereinafter referred to as the "Use Permit" which authorizes Declarants or Declarants' tenant to establish a combination restaurant /brewpub with on sale beer and wine on Parcel 1, the specifics of which can be found as a matter of public record with the City of Newport Beach, and WHEREAS, Condition No. 2 of the Use Permit provides that, prior to Declarant's exercise of the Use Permit, that Declarant shall bring the building on Parcel 1 into conformance with Chapter 20.07 (Floor Area Ratios & Building Bulk, hereinafter "FAR ") of the Newport Beach Municipal Code by Declarant recording a Covenant against the off -site parking lot (Parcel 2) whereby 5,124 square feet of development rights existing on Parcel 2 is transferred to Parcel 1, so long as the development on the building site (Parcel 1) exists or until the restaurant /brewpub use reverts to a Base FAR (use as defined by the City of Newport Beach at the time of this Declaration), and WHEREAS, Declarants have caused this Declaration to be pre- pared, submitted to the City and approved by the City Attorney as indicated below, and then to be recorded to satisfy Condition No. 2 of the Use Permit. NOW, THEREFORE, in consideration of the approval of the Use Permit, and in satisfaction of Conditions of the Use Permit, De- clarants now hereby declare that the leasehold affecting Parcel 2, `a 9 0 as defined herein, and the fee interest affecting Parcel 1, shall be subject to the following covenants, conditions and restrictions: 1. Declarants agree to a Transfer of Development Intensity from Parcel 2 to Parcel 1 of the property described herein in order to bring the nonconforming FAR status of the existing structure on Parcel 1 into conformance with City of Newport Beach current FAR ordinances, as such relate to restaurant uses. The amount of devel- opment to be surrendered by Parcel 2 is 5,124 square feet. 2. Declarants agree that the terms set out in this covenant and those set out in the Use Permit, are to remain in force so long as: a. Declarants or its assignees retain its leasehold interest in Parcel 2, and b. Declarants or its assignees operate the approved restaurant /brewpub approved by said Use Permit. At the expiration of the long term lease agreement between the Declarants, or its successors and assigns, and the lessor of Parcel 2, or at the early termination of said long term lease agreement, or if for any reason the Declarants, its tenants, or assignees discontinue business under the terms of the Use Permit, the Devel- opment Rights of the Parcel 2 transferred to Parcel 1 shall revert to the present status and any uses within Parcel 1 shall revert to "Base FAR" as now defined in the Newport Beach Municipal Code. 3. This covenant may not be amended without the express writ- ten consent of the City of Newport Beach. ILI r n u 4. The covenants, conditions and restrictions contained in this Declaration shall run with the land and bind the successors and assigns of Declarant subject only to the termination provisions contained in Paragraph 2., hereinabove. This Declaration shall bind all parties claiming an interest in or a right to operate a res- taurant /brewpub on the property through any written or oral agree- ment with Declarant or its successors or assigns, and such persons are bound to conform to, and observe, all restrictions on the use of the property contained within this Declarations and all other conditions to the Use Permit. IN WITNESS WHEREOF, the Declarants execute this Declaration on this 257% day of March, 1993. DECLARANT DOROTHY B. DO AN, CO- TRUSTEE OF THE DOAN TRUST DATED SEPTEMBER 27, 1974 Approved as to form: J Robin Flory, A istant City Attorney City of Newpo Beach STATE OF CALIFORNIA ss COUNTY OF ORANGE ) On the � day of %_, 1993, before me, �i� 1O a,k notary public, personally appeared DOROTHY B. DO N, personally known to me -or- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the 4 9 0 same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL Signature o otary Public in and for DOROTHYLPALEN the state o California NOTM fteuc • CAvOR" 0.^�1hGE COUNTY * corm. Fxpia wY 25,1993 5 0 CITY CLERK, 0 March 22, 1977 HUGH COFFIN, ASSISTAtT!' CITY ATTORNEY CITY CLERK Off -Site Parking Agreement - Francis M. Delaney Attached are two copies of the executed and recorded off -site parking agreement between the City and Myrna M. and Francis M. Delaney. swk enc. 2 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Bivd. Area Code 714 673 -2116 DATE r TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. IR51 Description of Contract Off -Site Parting Agrsemont Authorized by Resolution No. 8856 , adopted on 7 26-76 Effective date of Contract .aau. Vy 77 3977 Contract with *4yrna M Del2ney and Franels M Delaney Address .,--- .. _ Amount of Contract City Clerk { �l - of 40 CITY OF NEWPORT BEACH CALIFORNIA January 28, 1977 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -si w g� rking agramtenc for Dancing purposes. Authorized by Resolution No. ggrfi. City Manager authorized by Resolution No. 6773 to accept easement deeds. Doris George City Clerk DG:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 b40 -2251 RECORDING REQUES- BY AND 13775 WHEN RECORDED RE'I ui-ai TO: City Clerk City of Newport Beach E)iEMPT 3300 Newport Boulevard C9 Newport Beach, California B 796 RECORDED IN OFFICIAL REC )k,, `3 OF ORANGE COUNTY, CALIFORNIA Past 12 RM.FEB 1 1977 J. WYLIE CARLYLE, Centy Recorder Space Above Line for Recorder's Use Only OFF-SITE PARKING AGREEMENT (Mr. & Mrs. Francis M. Delaney - 2920 Newport Boulevard) This Agreement is made and entered into this 9? 4 day of 1977, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and MYRNA M. DELANEY and FRANCIS M. DELANEY, husband and wife, hereinafter referred to as "Delaney". RECITALS: W I T N E S S E T H: A. DELANEY is the lessee of that certain parcel of real property located in the City of Newport Beach described as: Lots 24, 23 and westerly 20.5 feet of Lot 22, Block 230 of Lancaster's Addition as recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County more commonly known as 2920 Newport Boulevard, Newport Beach, County of Orange, State of California, said parcel is hereinafter referred to as Parcel "A". B. DELANEY proposes to operate a commercial retail sales complex with related office space on Parcel "A", which requires 29 automobile parking spaces pursuant to the Newport Beach Municipal Code. C. There are insufficient automobile parking spaces on Parcel "A". DELANEY is therefore required to provide 29 off-site automobile parking spaces on a separate lot from the building site. u 12055PC 797 D. To fulfil the off-site automobile parking require- ment for the use of Parcel "A", in accord with Section 20.30.035 of the Newport Beach Municipal Code, DELANEY has provided space for twenty-nine (29) automobile parking spaces on property leased by DELANEY and described as: Westerly 12.5 feet of Lot 17 and Lots 18, 19, 20, 21, and easterly 9.5 feet of Lot 22 of Block 230 of Lancaster's Addition as recorded in Book 5, Page 14 of Miscellaneous Maps, Records of Orange County hereinafter referred to as Parcel "B". E. The Planning Commission of the City of Newport Beach recommended approval of an off-site parking agreement on July 15, 1976 which agreement was approved by the City Council on July 26, 1976, in accord with Section 20.30.035 of the Newport Beach Municipal Code. NOW, THEREFORE, in consideration of the foregoing, DELANEY may use the property described as Parcel "A" for the operation of a commercial retail sales complex with related office space and in accord with Section 20.30.035 of the Newport Beach Municipal Code, the parties agree as follows: 1. For so long as Parcel "A" is used for a commercial retail sales complex with related office space, 29 automobile parking spaces will be required and said off-site automobile park- ing spaces will be located on Parcel "B". If said parking spaces on Parcel "B" are lost for any reason to DELANEY, DELANEY shall locate and provide additional parking spaces to be approved by CITY or alter the capacity of the facility use on Parcel "A" to conform to the automobile parking spaces available to and under the control of DELANEY or close said facility. 2. This Agreement shall run with the real property' described in the first paragraph of this agreement and shall bind the heirs, successors and assigns of the parties hereto, -2- EX 12055PC 798 and it 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: 'f 4�1 City Clerk z C� MYIYA M. DELANEY RANCIS M. DELANEY APPROVED AS TO FORM: 1 r � f Assi an t to ey STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) EX 1 155PG 799 on ,A�;_ , 1977, before me, the under- signed, a Notary Public A and for said State, personally appeared /L/" /a,,I :�),- s 7-a/ known to me to be the Mayor and s 6- , known to me to be the City Clerk of the MuniciparCorporation 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. L, PALEN, o?rtita `c,Ii,?Fv i! i.i, G'o n:nissiou c.c;,i;es , e�, ); 1977 STATE OF CALIFORNIA) Notary Publ in and for said State )ss: COUNTY OF ORANGE ) On 1977, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the President and known to me to be the 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 JgNuAAY 1 , 1977, before me, the undersigned, a Notary Public in and for said state, personally appeared MYRNA M. DELANEY , whose name is subscribed to the within Instrument and acknowledged that she executed the same. A`A9m068�<DiOv"+OQS6'r45A^vO00$4=4u OFFICIAI. SEAL NORMAN TEWES o ® ¢ NOTARY PUBLIC • CALIFORNIA y ® O'� PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires June 18, 1979 ��p�Coo®o+�m�$er4����i4°��rr�s9oi0+6o� my hand and official seal. STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) Vl Notary Public in and for said State On ,,,1A KlJAKY ? , 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared FRANCIS M. DELANEY , whose name is subscribed to the within Instrument and acknowledged that he executed the same. ®0+000800000e�10000000®000*00+oo OFFICIAL SEAL NORMAN TEWES NOTARY PUBLIC -CALIFORNIA a m PRINCIPAL OFFICE IN p ORANGE COUNTY My Commission Expires June 18, 1979 � oo�sa�rao�+e�a��oav�aaeoav`m+0e00i0 2A -fC Notary Pu is i and rof said State RESOLUTION NO. S S5 6 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 MYRNA M. AND FRANCIS M. DELANEY AT 2920 NEWPORT BOULEVARD IN CANNERY VILLAGE 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 Myrna M. and Francis M. Delaney at 2920 Newport Boulevard in Cannery Village; 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 agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said 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 26th day of July , 1976. Mayor ATTEST: City Clerk DDO /bc 7/22/76 i 0 By -1 t uF Wi�waQgY 5j�Au July 20, 1976 City Counci Meeting Agenda Item No. CITY OF NEWPORT BEACH July 26, 1976 H -2(a) TO: City Council FROM: Department of Community Development SUBJECT: Request for an Off -site Parking Agreement in conjunction with the establishment of commercial retail sales complex with related office space; located at 2920 Newport Boulevard, on the south- east corner of 30th Street and Newport Boulevard in Cannery Village. LOCATION: Westerly 20.5 feet of Lot 22 and Lots 23 and 24, Block 230 of Lancaster's Addition to Newport Beach (Retail Sales Complex). Westerly 12.5 feet of Lot 17, Lots 18, 19, 20, and 21, and the easterly 9.5 feet of Lot 22, Block 230 of Lancaster's Addition to Newport Beach (Off -site Parking Lot). ZONE: C -1 and M -1 APPLICANT: Myrna M. and Francis M. Delaney, Newport Beach OWNERS: Robert H. and Lucille H. Reed (Retail Sales Complex). Kenneth L. Gabriel and Paul D. Hosman (Off -site Parking Lot). Application This application requests approval of an off -site parking agreement in conjunction with the establishment of a commercial retail sales complex (farmers' market) with related office space on the second floor. In accordance with Section 20.30.035(D) of the Newport Beach Municipal Code, the Planning Commission shall not recommend, and the City Council shall not approve, off - street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of 0 TO: City Council - 2. the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Com- munity Development. Suggested Action If desired, adopt Resolution No. , authorizing the execution of an off -site parking agreement between the City of Newport Beach and Myrna M. and Francis M. Delaney, Newport Beach. Planning Commission Recommendation At its meeting of July 15, 1976, the Planning Commission voted (4 Ayes, 2 Absent) to approve the proposed development (Site Plan Review No. 1) with the findings and subject to the conditions as follows: A. FINDINGS 1. The proposed development is consistent with the General Plan and will not preclude the attainment of the Gen- eral Plan objectives and policies. 2. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within the area. 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 5. The proposed development, subsequent to the approval by the Director of Community Development of detailed lighting, signing and landscaping plans and the ap- plicants' modification of said plans to comply with Section 20.02.030(C) of the Municipal Code of the City of Newport Beach, will comply with all applicable standards of Section 20.01.070(F) of the Newport Beach Municipal Code. 6. The required off - street parking spaces on a separate lot from the building site are justifiable for the following reasons: (a) The applicant has a long -term (seventy -five year) lease for the use of the off -site parking lot. (b) The subject parking lot is so located as to be useful to the proposed use. (c) Parking on the subject lot will not create undue traffic hazards in the surrounding area. B. CONDITIONS That detailed landscaping, lighting and signing plans 0 1 TO: City Council - 3. shall be approved by the Director of Community Development prior to the issuance of a building permit. That the proposed development shall be revised to comply with Section 20.02.030(C) of the Municipal Code of the City of Newport Beach (26/35 Foot Height Limit) prior to the issuance of a building permit. That an off -site parking agreement providing for a minimum of twenty -nine parking spaces and common ingress /egress and parking across all parcels compris- ing the parking lot shall be approved by the City Council. Background The development as proposed includes a two -story commercial structure with a retail meat and seafood market on the first floor and related office space on the second floor. The total development will contain approximately 7,240 sq.ft. of floor space and will require twenty - nine off - street parking spaces. Parking is being provided off site in a location immediately adjacent to the building site. The park- ing lot has been leased by the applicants for a period of seventy - five years and will contain forty -four parking spaces. Attached for the City Council's information and review is an excerpt from a draft of the Planning Commission minutes of July 15, 1976, and a copy of the Planning Commission's staff report dated July 9, 1976, which contains a complete description and analysis of the applicants' proposal. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V..- HOG1AN, Director By �t ZO ?d,_�k/. JAMES D. HiA istant Director r - Planning JDH /kk Attachments for City Council Only: 1 - Vicinity Map 2 - Excerpt from draft minutes of the Planning Commission meeting of July 15, 1976. 3 - Planning Commission staff report dated July 9, 1976. 0 9 COO t r'. /� D Pity a / ar yy _ (L �• p a °ii QD c W I _ IL I BOULE ✓A.PO WO 2 5 W / �N 3 Y s R �•bs ��CP� s?6 � j �s 5~ f b 9 p %V? "R�lu y la d COMMISSIONERS G•a Alm m v c m ; N BOLL CALL i Motion Ayes Absent i CITY OF NEWPORT BEACH DRAFT MINUTES July 15, 1976 INDEX Item #7 Request for site plan review of a commercial building with SITE retail sales area on the ground floor and office space on the PLAN upper floor in a Specific Plan Area where a specific plan has REVIEW not been adopted, and the acceptance of an offsite parking NO. 1 agreement for the required parking spaces. APPROVED Location: Westerly 12.5 feet of Lot 17 and Lots 18, CONDI- 19, 20, 21, 22, 23, and 24, Block 230 of TIONALLY Lancaster's Addition to Newport Beach, located at 2920 Newport Boulevard, on the southeast corner of 30th Street and Newport Boulevard, in Cannery Village. Zone: C -1 and M -1 Applicant: Myrna M. and Francis M. Delaney, Newport Beach Owners: Mr. & Mrs. Robert Reed, Newport Beach Mr. Kenneth Gabriel, Newport Beach Dick Dodd, 1917 Westcliff, Architect for the applicants, appeared before the Planning Commission to answer questions and pointed out that the artist's rendering indicated parking in the front, whereas, the plans and drawings indicate that parking will be to the rear with landscaping in the front, the latter being the correct plan. Mr. Dodd advised of their agreement with the staff report and recommended conditions There being no others desiring to appear and be heard, the public portion of the discussion was closed. X Motion was made that Planning Commission make the following X X X X findings: X X 1. The proposed development is consistent with the General Plan and will not preclude the attainment of the General Plan objectives and policies. 2. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within the area. 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. Page 12. COMMISSIONERS • 0 v A m m CITY OF NEWPORT BEACH rn m ; N A r N ROLL CALL oz July 15, 1976 DRAFT MINUTES INDEX 5. The proposed development, subsequent to the approval by the Director of Community Development of detailed lighting signing and landscaping plans and the applicants' modifica tion of said plans to comply with Section 20.02.030(C) of the Municipal Code of the City of Newport Beach, will comply with all applicable standards of Section 20.01.070 (F) of the Newport Beach Municipal Code. 6. The required off - street parking spaces on a separate lot from the building site are justifiable for the following reasons: (a) The applicant has a long -term (seventy -five year) lease for the use of the off -site parking lot. (b) The subject parking lot is so located as to be useful to the proposed use. (c) Parking on the subject lot will not create undue traffic hazards in the surrounding area. and approve Site Plan Review No. 1, together with the accept- ance of an offsite parking agreement for the required parking spaces, subject to the following conditions: 1. That detailed landscaping, lighting and signing plans shall be approved by the Director of Community Development prior to the issuance of a building permit. 2. That the proposed development shall be revised to comply with Section 20.02.030(C) of the Municipal Code of the City of Newport Beach (26/35 Foot Height Limit) prior to the issuance of a building permit. 3. That an off -site parking agreement providing for a minimum) of twenty -nine parking spaces and common ingress /egress and parking across all parcels comprising the parking lot shall be approved by the City Council. * * * * * * * * ** Page 13. • Planning Commis 'Pon Meeting July 15, 1976 Item No. 7 CITY OF NEWPORT BEACH July 9, 1976 TO: Planning Commission FROM: Department of Community Development SUBJECT: Site Plan Review No. 1 (Continued Discuss Request for site plan review of a commercial building with retail sales area on the ground floor and office space on the upper floor in a Specific Plan Area where a specific plan has not been adopted, and the acceptance of an off -site parking agreement for the required parking spaces. LOCATION: Westerly 12.5 feet of Lot 17 and Lots 18, 19, 20, 21, 22, 23, and 24, Block 230 of Lancaster's Addition to Newport Beach, located at 2920 Newport Boulevard, on the southeast corner of 30th Street and Newport Boulevard, in Cannery Village. ZONE: C -1 and M -1 APPLICANT OWNERS Application Myrna M. and Francis M. Delaney, Newport Beach Mr. & Mrs. Robert Reed, Newport Beach Mr. Kenneth Gabriel, Newport Beach This application is a request for site plan review of a proposed commercial /office complex in the Cannery Village Specific Plan Area where no specific plan exists,and a request for off - street parking on a separate lot. Site plan review procedures are outlined under Section 20.01.070 of the Newport Beach Municipal Code. Off -site parking procedures are contained under Section 20.30.035(D). Environmental Significance This project has been reviewed, and it has been determined that it will not have any adverse impacts. Conformance with General Plan The "Cannery Village" industrial, marine service, and speciality shop area and the "McFadden Square" area have been designated as a mixture of "Recreational and Marine Commercial" and Industrial Land use. The General Plan provides that this area shall be preserved and enhanced by: (1) prohibiting the encroachment of separate residential uses; (2) developing a "Specific Area Plan" to resolve existing orientation, access and parking problems, and improve the visual environment; and (3) development of a plan and program to preserve the marine repair and service uses in the "Cannery Village" area. The proposed land uses and plan of development conform to the General Plan. Project Description The proposed development is located on the southeast corner of the intersection of Newport Boulevard and 30th Street in the Cannery Item No. 7 `J TO: Planning Commission - 2. Village area. The development as proposed includes a two -story commercial structure with a retail meat and seafood market on the first floor and related offices on the second, and an off -site parking lot to the east. The following outline reflects the major details of the applicants' proposal: Proposed Allowed Setbacks: Front (Newport Boulevard) 2' to 36' ± 0 Side (30th Street) 0' to 3' ± 0 Side (Alley) 2' to 3' ± 0 Rear (Interior) 0 0 Height Limit: 25.5' to Avg.Ht. 26' 26/35 HLZ 31' to ridge 31'(1) Floor Area: 1st Floor 4140 sq.ft. 2nd Floor 3100 sq.ft. TOTAL 7240 sq.ft. 2 x buildable Landscaping: Extensive landscaping in front of building, a small planter on the parking lot, and a planter 4' in width along 30th Street Parking: 29 29(2) (1) The applicant has agreed to remove the 3' high ornamental wrought iron work which exceeds the height limit. (2) There are a total of 44 parking spaces in the parking lot; however, only 29 spaces have been allocated to this development. ite Plan Review Site plan review is required pursuant to Section 20.01.070 of the Newport Beach Municipal Code inasmuch as the site lies within the boundaries of the Cannery Village Specific Area Plan and the plan has not been adopted. The purposes to be achieved by the review proced- ure are as follows: (1) To assure that development of properties in Specific Area Plan areas will not preclude attainment of the General Plan objectives and policies. (2) To protect and preserve the value of properties and to encourage high quality development thereof in Specific Area Plan areas where adverse effects will result from inadequate and poorly planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. (3) To ensure that the public benefits derived from expen- ditures of public funds for improvement and beauti- fication of streets and public facilities within Specific Area Plan areas shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. Item No. 7 E T0: Planning Commission - 3. 11 (4) To promote the maintenance of superior site location characteristics adjoining certain thoroughfares of city -wide importance to ensure that the community benefits from the natural terrain, harbor and ocean, and to preserve and stabilize the grounds adjoining said thoroughfares, and to preserve and protect the property values in said areas. The standards to be applied in the site plan review are: (1) To ensure that sites subject to Site Plan Review under the provisions of this chapter are graded and developed with due regard for the aesthetic qualities of the natural terrain, harbor, and landscape, and that trees and shrubs are not indiscriminately destroyed; (2) To ensure that buildings, structures and signs are properly related to their sites and are in keeping with the character of the neighborhood and surrounding sites and are not detrimental to the orderly and harmonious development of their surroundings and of the City; (3) To ensure that open spaces, parking areas, pedestrian walks, illumination and landscaping (including sufficient irrigation facilities) are adequately related to the site and are arranged to achieve a safe, efficient and harmonious development, to accomplish the objectives as set forth in this Chapter; (4) To ensure that sites are developed to achieve a harmon- ious relationship with existing and proposed adjoining developments; (5) To ensure, when feasible, effective concealment of electrical and similar mechanical equipment and trash and storage areas; (6) The Site Plan Review process shall endeavor to ensure that proposed improvements will not impair the desir- ability of investment or occupancy nearby; and origi- nality in site planning and landscaping shall not be suppressed; (7) To ensure that the site plan and layout of the buildings, parking areas, pedestrian and vehicular access ways, and other site features give proper consideration to the functional aspects of the site development; (8) To ensure that the proposed development is in keeping with the desired character of the Specific Area Plan area as identified by the General Plan; (9) To ensure that the proposed development is consistent with the General Plan policies; and (10) To ensure that the proposed development will not pre- clude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. It is staff's opinion that the proposed development complies with all of the applicable standards of Section 20.01.070(F) except that a more - detailed landscaping, lighting and signing plan will be required to determine full compliance with Standards (2) and (3). It is further staff's opinion that the proposed development complies with all other applicable zoning ordinance provisions. Item No. 7 TO: Planning Commission - 4. Off- Street Parkino on a Separate Lot 0 Section 20.30.035(D) of the Newport Beach Municipal Code provides that the Planning Commission shall not recommend, and the City Council shall not approve, off - street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. In this particular case the site of the proposed structure is held by the applicant on a seventy -five year lease from Mr. and Mrs. Robert Reed. The parking lot is under a separate seventy -five year lease from Mr. Kenneth Gabriel. The parking lot is immediately adjacent and to the east of the building site. The lot is located so as to be useful in connection with the proposed use and will not create any undue traffic hazards in the surrounding area. Specific Findings and Recommendations Section 20.01.070(G) of the Newport Beach Municipal Code provides that if all applicable standards established by Section 20.01.070(F) are met, the Planning Commission shall approve the development. Further, that conditions may be applied when the development does not comply with the applicable standards and shall be such as to bring said development into conformity. Therefore, staff recommends the approval of Site Plan Review No. 1 and suggests that the Planning Commission make the following findings in conjunction with the appli- cants' request: 1. The proposed development is consistent with the General Plan and will not preclude the attainment of the General Plan objectives and policies. 2. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within the area. Item No. 7 TO: Planning Commission - 5. 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 5. The proposed development, subsequent to the approval by the Director of Community Development of detailed light- ing, signing and landscaping plans and the applicants' modification of said plans to comply with Section 20.02.030(C) of the Municipal Code of the City of Newport Beach, will comply with all applicable standards of Section 20.01.070(F) of the Newport Beach Municipal Code. 6. The required off - street parking spaces on a separate lot from the building site are justifiable for the following reasons: (a) The applicant has a long -term (seventy -five year) lease for the use of the off -site parking lot. (b) The subject parking lot is so located as to be useful to the proposed use. (c) Parking on the subject lot will not create undue traffic hazards in the surrounding area. Approval of Site Plan Review No. 1 is therefore recommended subject to the following conditions of approval: 1. That detailed landscaping, lighting and signing plans shall be approved by the Director of Community Development prior to the issuance of a building permit. 2. That the proposed development shall be revised to comply with Section 20.02.030(C) of the Municipal Code of the City of Newport Beach (26/35 Foot Height Limit) prior to the issuance of a building permit. 3. That an off -site parking agreement providing for a mini- mum of twenty -nine parking spaces and common ingress/ egress and parking across all parcels comprising the parking lot shall be approved by the City Council. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By d J0. "- JA ES D. HEWICKER As istant Director - Planning FRED T LARICO Senior Planner JDH /FT /kk Attachments: Vicinity Map Site Plans and Elevations Item No. 7 n 1� ,d<V ,11 - - - - - -- - -- - -- I ell l i/ goo � � =aw � �° � U o• j CL 4 QO a � "'tiiyd c� e y - Q„�'L.n // �w U • X113 _ \\ a 4: � FH f 1� � I t3 o2 Wo Yl W as z ° � n oR a r;..,.. t ' RESOLUTION NO. 8 85 G 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 MYRNA M. AND FRANCIS M..DELANEY AT 2920 NEWPORT BOULEVARD IN CANNERY VILLAGE 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 Myrna M. and Francis M. Delaney at 2920 Newport Boulevard in Cannery Village; 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 agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said 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 ATTEST: City Clerk 26th day of July , 1976. Mayor DDO /bc 7/22/76 L RESTAURANTS 632. LIDO PARK DRIVE, NEWPORT BEACH, CALIFORNIA 20663 TELEPHONE: 675 -2565 Mailing Address: February 8, 1977 4�g11 _ Post Office Box 86 {y Costa Mesa. F�B1 JAMES EMAN PERSON,JR. California 92627 r` C M Nl ?MO �\ rney at Law Milan Dostal, i oki 8es� Honorable Mayor of the City of Newport Bea �-�-r-� �� FICE OF THE 3300 Newport Boulevard I '� Date i, ; ] MAY( Newport Beach, California 92663 COPIES SERi ?C: Dear Mayor Dostal:.•.'' Recently, as a representative of Mr. Francis Delaney, I attended a meeting of citizens to discuss the parking situation within the Canner y_Village area of Newport Beach. Included among those present was Mr. Richard Hogan a Director of Community Development of our City. Mr. Delaney and I feel that this group can be of great assistance tothe City with reference to the rather critical parking situation within the Cannery Village area. It is my plan to take an active part on behalf of Mr. Delaney to do what we can to help to rectify this rather critical situation. During the course of the meeting, Mr. Hogan gave us an overview of the City's policies concerning parking within the area. Mr. Hogan, during the course of the discussion, noted that with reference to new small industrial uses within Cannery Village, there are no requirements for off - street parking. Quite actually, I was somewhat astounded by this policy in view of the rapidly changing nature of the Cannery Village area. An inquiry as to the reasons for this from Mr. Hogan indicated that the policy was set by the City Council some years ago in an effort to attract small industry into the area. I inquired as to whether or not this policy is sound plan- ning and came away with the impression that there may be some ques- tion as to whether or not it is. It certainly appears that such a policy might be discriminatory against commercial business within the area who have to satisfy the requirements for off - street parking. I believe that Mr. Hogan's position is that he is to implement the policy as set by the City Council. I understand this as his responsibility, however, I question as to whether or not the policy as set by the City Council is in the best interest of the community. Milan Dostal, Honorable Mayor Page -2- February 8, 1977 of the City of Newport Beach I would appreciate a reevaluation of this situation by the City Council. With new commercial uses being implemented in the area on a daily basis, I certainly feel that the off - street p :.Irking situation is critical for all businesses, whether commercial or industrial. As I previously mentioned, I will continue, on behalf of Mr. Delaney and the Delaney Organization, to work with the citizens group and the City in trying to find solutions to this problem. I would appreciate the Council giving due consideration to the question proposed within this letter and would be happy to discuss same with you any time. Thank you for your anticipated cooperation in this regard. JCP /kh cc: Mr. Richard Hogan, Director of Mrs. Trudi Rogers, Councilwoman Very truly yours., /t James C, Person,,Jr. Community Development