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.
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'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.
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PLEASE COMPLETE THIS INFORVION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
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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
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
W 11/92
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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
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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,
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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.
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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
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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
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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.
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enc. 2
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CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Bivd.
Area Code 714
673 -2116
DATE
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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
{
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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:
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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
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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
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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
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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.
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Motion
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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 •
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CITY OF NEWPORT BEACH
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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
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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