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HomeMy WebLinkAboutC-1918 - Off-Street Parking Agreement, Use Permit 1800, Snack ShopBy CITY O G�j��.YSr?RT R'FCi i March 23, 1977 TO: City Council Meeting March 28, 1977 Agenda Item No. CITY OF NEWPORT BEACH City Council FROM: Department of Community Development SUBJECT: Request for an Off -Site Parking Agreement in c �,o ;n.,. with the remodeling of an existing res�ant /bakery (Use Permit No. 1800), oca a on the northwesterly corner of East- -Coast Highway and Narcissus Avenue in Corona del Mar. LOCATION: Lots 4 and 5, Block T, Tract 323 (Restaurant /bakery site) Lots 1 and 3, Block 440, Corona del Mar Tract (Off -site parking lots) ZONE: C -1 and R -2 APPLICANT: ���`�!'� Irvine OWNER: James D. Ray, Corona del Mar Application This application requests approval of an off -site in conjunction with the remodel of an existing "S bakery. In accordance with Section 20.30.035D of Municipal Code, the Planning Commission shall not City Council shall not approve off - street parking from the building site or sites unless: parking agreement lack Shop" restaurant/ the Newport Beach recommend and the on a separate lot (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 ownership in fee or a leasehold interest of a dura- tion 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 instru- ments shall be recorded in the office of the County Recorder and copies thereof filed with the Depart- ment of Community Development. i i TO: City Council - 2. Suggested Action If desired, adopt Resolution No. , authorizing the execu- tion of an off -site parking agreement with Far West Services, Inc. Irvine. Planning Commission Recommendation At its meeting of January 6, 1977, the Planning Commission voted (6 Ayes, 1 No) to approve Use Permit No. 1800, including the requested off -site parking arrangement, subject to the following findings and conditions: A. FINDINGS: 1. That the proposed commercial development is consis- tent with the General Plan and is compatible with surrounding land uses. The off -site parking lot use in a residential district is not in conflict with the General Plan. Adequate off - street parking spaces are being pro- vided for the proposed development. 3. The off - street parking spaces for the expanded restaurant on a separate lot from the building site is justifiable for the following reasons: (a) The parking lot is actually the expansion of an existing off -site parking lot that is directly across a fourteen foot wide alley from the main building site; (b) The proposed development will not create undue traffic hazards in the surrounding area; and (c) The parking lot site is owned by the same owner as the restaurant site and will be maintained as an off - street parking lot for the duration of the restaurant use on the adjacent building site. 4. That the Police Department has indicated that they do not contemplate any problems. 5. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City,and further that the modification required for the parking lot encroachment on Narcissus Avenue is consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 1800 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans. TO: 10 4 City Council - 3. 2. That the boundary wall between the proposed parking lot and the adjoining residential lot shall be of solid masonry construction and shall be constructed to a height of seven feet up to a point five feet behind the front property line. The remaining por- tion of the wall between the front property line and a point five feet back shall be three feet in height. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of twenty -four parking spaces shall be provided on Lots 1 and 3, Block 440, Corona del Mar, for the duration of the restaurant on the property in question. 4. That the off -site parking area shall be paved with asphalt, concrete or other street surfacing material of a permanent nature. Parking spaces shall be marked with approved traffic markers or painted white lines not less than four inches wide. 5. Wheel stops shall be provided so as to keep parked automobiles from encroaching into the adjoining fourteen foot wide alley. 6. A two foot wide landscaped planter shall be provided adjacent to the proposed boundary wall between the new off -site parking lot and the adjoining residential lot. Said landscaped area shall be planted with a groundcover that shall not exceed three inches above a six inch high curb so as not to obstruct the front overhang of parked automobiles. Bougainvillea or other vine of sufficient variety, number and size shall be planted in cutouts between parking stalls so as to screen the subject boundary wall. Trees, shrubs, or vines shall also be planted in the pro- posed five foot wide planter areas along the front property line so as to screen the off -site parking lot from Narcissus Avenue. A landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recreation, incorporating the abovementioned landscape requirements. Said land- scaping shall be implemented in accordance with the approved plan, and the landscaping shall be perman- ently maintained. 7. That the trash storage area shall be provided on site in a location meeting the approval of the Community Development Director,and all mechanical equipment and trash areas shall be screened from the fourteen foot wide alley and from adjacent properties and streets. B. That all exterior lighting and signs shall be approved by the Director of Community Development. 9. That the new drive approach be constructed under an encroachment permit obtained from the Public Works Department. 10. That a resubdivision be approved and a parcel map be filed so as to eliminate the interior lot line and combine Lots 4 and 5, Block T, Tract 323, into one building site. (NOTE: The Snack Shop building is constructed on two lots and the proposed alterations exceed $5,000.00). 11. That the request to allow serving beer and wine shall be approved for a period of two years, and any request for extension shall be acted upon by the Modifications Committee. r • TO: City Council - 4. Background In conjunction with the remodeling of the existing facilities, the applicant proposes to expand the dining, reception, and bakery sales area and to change the operational characteristics of the use to include the service of beer and wine. In addition, the applicant has also received the approval of the Planning Commission to estab- lish a parking lot on adjoining residentially -zoned property and a modification for a screen wall. Attached for the information and review of the City Council are copies of the Planning Commission staff reports dated August 13 and December 28, 1976, and an excerpt from the Planning Commission minutes of January 6, 1977, which fully outline the applicant's request. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By JDH /kk Attachments for City Council Only: 1) Vicinity Map 2) Planning Commission Staff Reports 3) Planning Commission minutes NOTE: Floor Plans and Site Plans will be on display at the time of the meeting. ,4 EE i �J ? w RESTAURANT SITE EXISTING OFF -SITE IPAI? t 'PRo s OFF -SITE "."WWWtr LOT '•E OT RET LM r {b O 0 V D' 9? o PJ6 A ^ N ry SE t9 + d DISTRICTING MAP EWPORT BEACH — CALIFORNIA ACfiCULTURd NCSIOCNTIAL RSA LNLTIPLC RESIDERTIAL SINOEE FARIT RESIDENTIAI, ERCIAL DUPLEX RESIGENR0. C-S CfMERAL LOMNERCUI MTV MULTIPLE FAIALT mtotwT L!-1 NANUiACTuWRO j f SINIXGMTRWTS. UNCLASSIFIED DRD. i10. sat DGG. a+JtfD USE ? Elt M!T NOR 1800 Planning Commission Meeting Jan. 6, 1977 Item No. 3 December 28, 1976 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH Planning Commission Department of Community Development Use Permit No. 1800 (Public Hearing) Request to permit the remodeling of an existing "Snack- Shop" restaurant /bakery so as to permit the expansion of the dining, reception, and bakery sales area, and to change the operational character- istics of the subject restaurant to include the serving of beer and wine. Further request to establish a parking lot on the adjoining residentially zoned property so as to provide a portion of the required parking off -site. Said application also includes a request for an off -site parking agreement and a modification to permit the off -site parkin area and screen wall to encroach to within five �5) feet of the front property line on Narcissus Avenue (where the Districting Map indicates a minimum 20 foot front yard setback). LOCATION: Lots 4 and 5, Block T, Tract 323, located at 3446 East Coast Highway (i.e. restaurant site), and Lots 1 and 3, Block 440, Corona del Mar located at 411- 413 Narcissus Avenue (i.e. off -site parking lots) on the northwesterly corner of East Coast Highway and Narcissus Avenue in Corona del Mar. ZONE: C -1 and R -2 APPLICANT: Far West Services, Inc., Irvine OWNER: James D. Ray, Corona del Mar Background At its meeting of September 16, 1976, the Planning Commission removed this matter from calendar as requested by the applicant due to unforeseen problems with the leasing negotiations on the site. The leasing problems have been resolved with the property owner, and therefore, the applicant is now requesting to proceed with the public hearing on this application. Said hearing has been readvertised for the Commission meeting of January 6, 1977 as required by Code. The staff report for Use Permit No. 1800 dated August 13, 1976 and related plot and floor plans are still applicable, and are attached for Commission review. rvice of Beer and Win Subsequent to the writing of the attached staff report, the applicant requested a change to the operational characteristics of the subject restaurant facility which would allow the service of beer and wine. According to the applicant, the availability of beer and wine will be extremely incidental to the primary function of providing food service. This request is identical to two other requests which have already been approved for other Far West Service restaurants (Coco's) in the City. Staff has no objections to the request since the service of beer and wine should have no significant impact on the parking demand. However, staff would suggest an additional condition of approval if the beer and wine service is approved: Item No. 3 TO: Planning Commission - 2. 11. That the approval of on -sale beer and wine shall be for two years, and any extension shall be subject to the approval of the Modifications Committee. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. MOGAN, DIRECTOR ?�r� sue,.,. �t?° .J . 'y_ William R. Laycoc ,O Senior Planner WRL /sh Attachments: Letter from Applicant dated December 7, 1976 Staff Report dated August 13, 1976 Vicinity Map Plot Plans and Floor Plans Item No. 3 q v FAR EST e4v cep, LORC. x701 Alton. P.O .BOX 19561. Irvine. Ca.92713 • 17141540 -9898 December 7, 1976 William R. Laycock Senior Planner City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Re: 119 SNACK SHOP - 3346 E. Coast Highway, Corona del Mar, California Dear Mr. Laycock: Far West Services wishes to request that our application for use permit (111800) be re- entered on the schedule for Planning Commission considera- tion at the earliest possible date. We have completed our negotiations with the landlord for the lease on the subject premises and wish to pursue Planning Commission approval and Coastal Commission approval as soon as possible. Very truly yours, � � �./ ge War Co truction Manager GW:et Y E 11 REGE' n%v CJ wv.,_yPt 9 5 Or Planning Commission Meeting__ Auq, __I_9,.1976 Item No CITY OF NEWPORT BEACH August 13, 1976 TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1800 (Public Hearing) Request to permit the remodeling of an existing "Snack Shop" restaurant /bakery so as to permit the expansion of the dining, reception and bakery sales areas and to establish a parking lot on the adjoining residentially zoned property so as to provide a por- tion of the required parking off -site. Said applica- tion also includes a request for an off -site parking agreement and a modification to permit the off -site parking area and screen wall to encroach to within five (5) feet of the front property line on Narcissus Avenue where the Districting Map indicates a minimum 20 foot front yard setback. LOCATION: Lots 4 and 5, Block T, Tract 323, located at 3446 East Coast Highway (i.e. restaurant site), and Lots 1 and 3, Block 440, Corona del Mar located at 411 -413 Narcissus Avenue (i.e. off -site parking lots) on the northwesterly corner of East Coast Highway and Nar- cissus Avenue in Corona del Mar. ZONE: C -1 and R -2 APPLICANT: Far West Services, Inc., Irvine OWNER: James D. Ray, Corona del Mar Application This application is a request to permit the remodeling of an existing "Snack Shop" restaurant /bakery including the enlargement of the dining and reception and bakery sales area. Section 20.35.020 (A) of the Newport Beach Municipal Code provides that restaurant uses may be permitted in a C -1 District, subject to the securing of a use permit in each case. In addition, this request also includes the enlargement of an existing off -site parking lot in the R -2 District which adjoins the restaurant to the north. Section 20.10.020(b) of the Municipal Code provides that a no fee private parking lot may be permitted in any residential district adjacent to any commercial zone, subject to the securing of a use permit in each case. Use Permit procedures are outlined in Chapter 20.80 of the Municipal Code. In addition to the Use Permit requirements noted above, this application also requires a modification to permit the parking spaces in the off - site lot and the proposed screen wall to encroach to within 5 feet of the front property line on Narcissus Avenue where the Districting Map indicates a minimum 20 foot front yard setback. Modification procedures are contained in Chapter 20.81 of the Municipal Code.. Finally, this request also involves off -site parking on a separate lot and the requirement for an off -site parking agreement to tie the parking to the restaurant use. Section 20.30.035 (D) of the Municipal Code states 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 si.tes unless: Item No. 5 Flo TO: Planning Commission - 2. (a) SUCK 10L i:c so located as Lo be useful i 1 connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or.instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) and Class 11 (Accessory Structures) from the requirements of the California Environmental Quality Act. Conformance with General Plan The Land Use Element of the General Plan designates the restaurant site for "Retail and Service Commercial" and "Administrative, Pro- fessional and Financial Commercial" uses. The restaurant facility falls within the permitted uses. The area is also designated for Specific.Area Plan. The question of parking lots in a residential district adjoining a commercial district is not addressed by the General Plan. Subject Property and Surrounding Land Use A "Snack Shop" restaurant /bakery combination with related on -site parking, an off -site parking lot and a duplex are located on the pro- perties in question. The duplex will be removed to provide additional off -site parking for the restaurant /bakery use. To the northeast, is a single family dwelling; to the southeast, across Narcissus Avenue, are mixed commercial uses fronting on East Coast Highway, an off -site parking lot in the R -2 District for the subject commercial uses, and then a single family dwelling; to the southwest, across East Coast Highway, is a Security Pacific National Bank with related offstreet parking spaces; and to the northwest, is mixed commercial/ residential use with an interior decorator shop on the first floor and a residential use on the second floor. Background The existing off -site parking lot on the R -2 parcel adjacent to the alley was established under Use Permit No. 242 approved by the Planning Commission on June 21, 1956. In approving this use, the Commission found that "as in many similar locations this area is in definite need of additional parking facilities." Requirements of the use permit included the construction of a 3 foot high fence and landscaping between the paving lot and the adjoining residential use. The required landscaping was not installed. Item No. 5 TO Planning Commission - 3. Building records indicate that the existing restaurant /bakery and related on -site parking were constructed on the northwesterly corner of East Coast Highway and Narcissus Avenue four years later in 1960. Variance No. 586, approved by the Planning Commission on February 18, 1960, permitted the restaurant facility to encroach to within 3 feet of the rear property line where the Municipal Code would have required a 10 foot rear yard setback for a building in the C -1 District when abutting an alley. One of the requirements of the variance was that the landscaping in the off -site parking lot required under Use Permit No. 242 be installed. Again there is no evidence to indicate that this requirement has ever been met. Analysis INTERIOR REMODEL The applicant proposes to remodel the interior of the existing building. No building enlargement or major alterations to the exterior of the structure are planned. The interior remodel includes substantial changes in the arrangement of the non - public areas such as the waitress station, restaurant kitchen, dishwashing and food preparation areas, employee dining, locker and restroom facilities and office and storage areas. Changes in the bakery area include a reduction in the size of the bakery kitchen and a shift in the location of the bakery display, retail sales and reception areas. The latter changes increase the net public area of the restaurant by -approximately 347 sq. ft. (31 %). This area is being used to enlarge the size of the common reception area, used by both restaurant and bakery patrons, by approximately 137 sq. ft.; and to increase the size of the dining area by approxi- mately 210 sq. ft. The latter area is proposed to accommodate four tables each seating four persons. OFFSTREET PARKING PROVIDED When the restaurant was constructed in 1960, the Municipal Code would not have required any offstreet parking. However, when Variance No. 586 was approved by the Commission, the applicant was required to furnish a total of 23 spaces which were illustrated on the plot plan. These included 9 spaces on -site and 14 spaces off -site in the adjoining R -2 lot established under Use Permit No. 242. Since that time the applicant has restriped the off -site lot to conform with the parking standards adopted by the City in 1963 (Resolution No. 5763). This resulted in a loss of 2 spaces in the off -site lot which has partially been offset by the addition of 3 nonconforming spaces in the on -site lot. There are currently 24 parking spaces available for the use of the restaurant /bakery. Under the proposal currently before the Commission, the applicant would add 12 off -site spaces and eliminate the 3 nonconforming on -site spaces and thereby provide a total of 33 spaces for the uses on the site. OFFSTREET PARKING REQUIRED Using the City's base requirement of 1 space for each 40 sq. ft. of net public area, the proposed development would require 37 spaces. However, the Planning Commission using the criteria specified under Section 20.30.035 B. (4) of the Municipal Code may decrease this requirement to 30 spaces (1 space /50 sq. ft. net public area) or raise the requirement to 49 spaces (1 space /30 sq. ft. net public area). The restaurant /bakery currently has 1 space for each 47 sq.ft. of net public area. Under the proposal, 1 space for each 45 sq. ft. of net public area would be provided. In arriving at the requirements noted above, the Commission should be aware that the staffs calcula- tion of net public area differs substantially from that of the appli- cant in that the staff has counted all of the reception area, exclu- sive of the space occupied by the bakery display cases, as part of the restaurant parking obligation. The staff has calculated the net public area of the remodeled structure to be 1468 sq. ft. Staff is of the opinion that the number and arrangement of spaces proposed will be a definite improvement to the parking situation and Item No. 5 TO: Planning Commission - 4. that the net number of spaces added (9) is more than adequate to offset the net public area added (347 sq. ft.) (347 f 9 = 1 space for each 39 sq. ft. of net public area added). EXPANSION OF OFF -SITE PARKING LOT The applicant proposes to remove the existing duplex located at 413 Narcissus Avenue so as to provide 12 additional offsite parking spaces for the expanded restaurant facility. The proposed parking spaces encroach to within 5 feet of.the front property line where the Districting Map indicates a 20 foot front yard setback along Narcissus Avenue. Staff has no objections to the new offsite parking lot, since it is a logical expansion of the existing offsite lot now utilized by the "Snack Shop" restaurant facilities on the adjoining property. The new parking lot will not encroach into the residential portion of Narcissus Avenue any farther than the existing offsite commercial parking lot directly across the street from the subject property. Staff also feels that the parking spaces encroaching into the 20 foot front yard setback will be compatible to the neighborhood, providing adequate landscaping and walls are required. The parking spaces on the existing offsite lot already encroach to the front property line with no apparent problems. BOUNDARY WALL A 6 foot high solid masonry wall is proposed along the interior side property line of the expanded off -site parking lot where it adjoins the adjacent residential use. However, Section 20.30.045 B. of the Municipal Code provides that this wall should be reduced to 3 feet in height inside the required front yard setback on Narcissus Avenue. Staff does not suggest a departure from this requirement and recommends that the wall be reduced to a height of 3 feet inside .the setback area. However, if the Planning Commission feels that the additional height is desirable and would be of benefit to the adjoining residential use, then a modification to this requirement should be granted. LANDSCAPING The plot plan indicates 5 foot wide landscaped planters along Narcissus Avenue in front of the offsite lot. Staff recommends that additional landscaping should also be provided adjacent to the proposed boundary wall as originally required in conjunction with the approval of Use Permit No. 242. HOURS OF OPERATION AND NUMBER OF EMPLOYEES The applicant indicates that the restaurant will continue to operate between the hours of 7:00 A.M. and 11:00 P.M. and that there will be approximately 24 employees on duty at any one time including 10 to 12 employees in the bakery. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or build- ing applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 1800 and suggests that the Planning Commission make the following findings in conjunction with the applicant's request: 1. That the proposed commercial development is consistent with the General Plan and is compatible with surrounding land uses. The offsite parking lot use in a residential district is not in conflict with the General Plan. Item No. 5 °1 •r T0: Planning Commission - 5. 2. Adequate offstreet parking spaces are being provided for the proposed development. 3. The offstreet parking spaces for the expanded restaurant on a separate lot from the building site is justifiable for the following reasons: (a) The parking lot is actually the expansion of an exist- ing offsite parking lot that is directly across a 14 foot wide alley from the main building site; (b) The proposed development will not create undue traffic hazards in the surrounding area; and (c) The parking lot site is owned by the same owner as the restaurant site and will be maintained as an offstreet parking lot for the duration of the restaurant use on the adjacent building site. 4. That the Police Department has indicated that they do not contemplate any problems. 5. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification required for the parking lot encroach- ment on Narcissus Avenue is consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 1800 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Approval of Use Permit No. 1800 is recommended, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plans. 2. That the boundary wall between the proposed parking lot and the adjoining residential lot shall be constructed in accordance with Section 20.30.045 B. of the Newport Beach Municipal Code (i.e. 3 foot high masonry wall along the front 20 feet of the side property line, and 6 feet high for the remaining portion of the side property line). 3. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 24 parking spaces shall be provided on Lots 1 and 3, Block 440, Corona del Mar, for the duration of the restaurant on the property in question. 4. That the offsite parking area shall be paved with asphalt, concrete or other street surfacing material of a permanent nature. Parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 5. Wheel stops shall be provided so as to keep parked automobiles from encroaching into the adjoining 14 foot wide alley.. 6. A 2 foot wide landscaped planter shall be provided adjacent to the proposed boundary wall between the new offsite parking lot and the adjoining residential lot. Said landscaped area shall be planted with a groundcover that shall not exceed 3 inches above a 6 inch high curb so as not to obstruct the Item No. 5. NO TO: Planning Commission - 6. front overhang of parked automobiles. Bougainvillea or other vine of sufficient variety, number and size shall be planted in cutouts between parking stalls so as to screen the subject boundary wall. Trees, shrubs, or vines shall also be planted in the proposed 5 foot wide planter areas along the front property line so as to screen the offsite parking lot from Narcissus Avenue. A landscape plan shall be submitted to and approved by the Director of Parks, Beaches, and Recreation incorporating the abovementioned landscape requirements. Said landscaping shall be implemented in accordance with the approved plan, and the landscaping shall be permanently maintained. 7. That all mechanical equipment and trash areas shall be screened from the 14 foot wide alley and from adjacent properties and streets. 8. That all exterior lighting and signs shall be approved by the Director of Community Development. 9. That the new drive approach be constructed under an encroach- ment permit obtained from the Public Works Department. 10. That a resubdivision be approved and a parcel map be so as to eliminate the interior lot line and combine 4 and 5, Block T, Tract 323 into one building site. (Note: The Snack Shop building is constructed on two and the proposed alterations exceed $5,000.00). DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By - William R. Lay Senior Planner WRL /sh Attachments: Vicinity Map Plot Plans and Floor Plans Item No. 5 filed Lots lots \� COMMISSIONERS r� City of $ti January 6 k Newport Beach 1977 MOLL CALL Request to permit the remodeling of an existing "Snack- Shop" restaurant /bakery so as to permit the expansion of the dining, reception, and bakery sales area, and to change the operational characteristics of the subject restaurant to include the serving of beer and wine. Further request to establish a parking lot on the adjoir ing residentially zoned property so as to provic a portion of the required parking off -site. Sal application also includes a request for an off - site parking agreement and a modification to permit the off -site parking area and screen wal' to encroach to within five (5) feet of the front property line on Narcissus Avenue (where the Districting Map indicates a minimum 20 foot frog yard setback). Location: Lots 4 and 5, Block T, Tract 323, located at 3446 East Coast Highwa., (i.e. restaurant site), and Lots ' and 3, Block 440, Corona del Mar located at 411 -413 Narcissus Aveni (i.e. off -site parking lots) on the northwesterly corner of East Coast Highway and Narcissus Avenui in Corona del Mar. Zone: C -1 and R -2 Applicant: Far West Services, Inc., Irvine Owner: James D. Ray, Corona del Mar Public hearing was opened in connection with th matter. George Warner, Far West Services, 2701 Alton, Irvine, appeared before the Commission in conne tion with this request and answered questions o the Commission relative to landscaping and main tenance, relocation of the trash area, removal of some of the mechanical equipment on the top of the structure, regulating the use of the parking lot, and existing and proposed operatio Michael Ray, 413 Narcissus, appeared before the Commission on behalf of the owner, James Ray. He advised of his father's reluctance to removi the structure located on the northerly property Page 6. MINIA I I!; e d it Ie is is Ig INOKX Item #3 USE PERMIT N 0 APPROVED C N D F-- —1UNTULY J9 COMMISSIONERS City of Newport Beach MINUTES 4� °z January 6, 1977 MOLL CALL in order to provide additional parking. He also advised that the new lease requires the enclosur of the trash area and new blacktopping of the parking area. Mr. Ray advised that condition No. 10 relative to combining the two lots could not be met because the other property owner, Bil Welter, has refused to buy, sell, or enter into any joint ownership, and felt that the intent of the ordinance had been met because of a long -ter lease which goes beyond the year 2,000. Dennis Hurowitz, 415 Narcissus, appeared before the Commission and voiced Concern with the expar sion of the restaurant and increased parking whi would add further congestion to the area as well as reduce the value and rentability of his pro- perty because of the adjacent proposed parking lot with its noise and lights. He further commented on the proposed wall between his pro- perty and the proposed parking lot and felt that it should be higher in order to provide privacy for his tenants. Planning Commission discussed increasing the height of the wall within the setback area as we as an increase in the overall height in order tc provide more privacy and liveability on the adjacent property. Assistant City Attorney Coffin commented on the requirement to combine the lots and advised thei was no way this requirement could be waived unless the zoning ordinance was changed. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make tl following findings: 1. That the proposed commercial development is consistent with the General Plan and is compatible with surrounding land uses. The offsite parking lot use in a residential district is not in conflict with the Genera Plan. 2. Adequate offstreet parking spaces are being provided for the proposed development. Page 7. e 1 m c 11 e ie INONX COMMISSIONERS City of Newport Beach MINUTES $1 January 6. 1977 MOLL CALL 3. The offstreet parking spaces for the expande restaurant on a separate lot from the build- ing site is justifiable for the following reasons: (a) The parking lot is actually the expansi of an existing offsite parking lot that is directly across a 14 foot wide alle3 from the main building site; (b) The proposed development will not creal undue traffic hazards in the surroundir area; and (c) The parking lot site is owned by the sz owner as the restaurant site and will t maintained as an offstreet parking lot for the duration of the restaurant use on the adjacent building site. 4. That the Police Department has indicated thi they do not contemplate any problems. 5. That the establishment, maintenance or oper< tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the heals safety, peace, comfort and general welfare c persons residing or working in the neighbor. hood of such proposed use or be detrimental injurious to property and improvements in ti neighborhood or the general welfare of the City and further that the modification requ- ed for the parking lot encroachment on Narcissus Avenue is consistent with the legislative intent of Title 20 of this Code 6. The approval of Use Permit No. 1800 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persi residing and working in the neighborhood or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1800, subject to the following conditions: Page 8. 0 on e 9 me e t ;h, f or ie r- , Ins be tiuoix COMMISSIONERS City of Newport Beach MINUTES $� Janudry f. 1971 MOLL CALL 1. That development shall be in substantial conformance with the approved plot plans. 2. That the boundary wall between the proposed parking lot and the adjoining residential 1 shall be of solid masonry construction and shall be constructed to a height of 7 feet up to a point 5 feet behind the front pro- perty line. The remaining portion of the wall between the front property line and a point 5 feet back shall be 3 feet in height 3. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 24 parking spaces shall b provided on Lots 1 and 3, Block 440, Corona del Mar, for the duration of the restaurant on the property in question. 4. That the offsite parking area shall be pave with asphalt, concrete or other street sur- facing material of a permanent nature. Par ing spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 5. Wheel stops shall be provided.so as to keep parked automobiles from encroaching into th adjoining 14 foot wide alley. 6. A 2 foot wide landscaped planter shall be provided adjacent to the proposed boundary wall between the new offsite parking lot and the adjoining residential lot. Said landscaped area shall be planted with a groundcover that shall not exceed 3 inches above a 6 inch high curb so as not to obstruct the front overhang of parked auto- mobiles. Bougainvillea or other vine of sufficient variety, number and size shall be planted in cutouts between parking stall so as to screen the subject boundary wall. Trees, shrubs, or vines shall also be plant in the proposed 5 foot wide planter areas along the front property line so as to screen the offsite parking lot from Narcis Avenue. A landscape plan shall be submitte to and approved by the Director of Parks, Beaches, and Recreation incorporating the abovementioned landscape requirements. Sai Page 9. Dt k- [XIJ s d INDEX COMMISSIONERS City Of Newport Beach MINUTES @ .��A.p C $1 January 6. 1977 POLL CALL landscaping shall be implemented in accord- ance with the approved plan, and the land- scaping shall be permanently maintained. 7. That the trash storage area shall be provide on -site in a location meeting the approval c the Community Development Director and all mechanical equipment and trash areas shall be screened from the 14 foot wide alley and from adjacent properties and streets. 8. That all exterior lighting and signs shall be approved by the Director of Community Development. 9. That the new drive approach be constructed under an encroachment permit obtained from the Public Works Department. 10. That a resubdivision be approved and.a parce map be filed so as to eliminate the interior lot line and combine Lots 4 and 5, Block T, Tract 323 into one building site. (Note: 1 Snack Shop building is constructed on two lc and the proposed alterations exceed $5,000.( 11. That the request to allow serving beer and wine shall be approved for a period of two years and any request for extension shall be acted upon by the Modifications Committee. Commissioner Hummel advised he had not observed one instance where a residential lot adjacent t( commercial property and used for parking had not done damage to the value of the residential pro• perty adjacent to-the parking and progressively down the block. He felt that if it was the intent to provide parking on property adjacent to commercial uses, they would have been zoned that way and that construction of a wall betweer the two uses was a nuisance no matter how high. Also, he could not see why the parking lot shoul be allowed a curb cut on the residential street where it would not be granted for a residential use because the property abutted an alley. He felt that the operation should remain low -key ar opposed expansion of the parking. Ayes X X X X X X The above motion was then voted on and carried. Noes X Page 10. d f 1 he is 0) M. E■ INDEX RESOLUTION NO. 9046 By , 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 FAR WEST SERVICES,, INC., IRVINE (USE PERMIT NO. 1800 - SNACK SHOP) WHEREAS, there has been presented to the City Council of the City of Newport Beach an off -site parking agreement between the City of Newport Beach and Par West Services, Inc., Irvine (Use Permit No. 1800 - Snack Shop); and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to 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 28th day of March Mayor ATTEST: City Clerk 1977. DDO /bc 3/28/77 RESOLUTION NO. 9046 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 FAR WEST SERVICES, INC., IRVINE (USE PERMIT NO..1800 - SNACK SHOP) WHEREAS, there has been presented to the City Council of the City of Newport Beach an off -site parking agreement. between the City of Newport Beach and Far West Services, Inc.,. Irvine (Use Permit No. 1800 - Snack Shop); and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to 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 28th day of . March Mayor ATTEST: City Clerk 1977. DDO /bc 3/28/77 J. RAY LIP- Construction Co. License No. B -1 126426 (714) 6424210 188 East 17th Street, Costa Mesa, California 92627 April 26, 1977 OFFSITE PARKING AGRF_'FJIENT By this agreement, the undersigned hereby certi- fies that he has granted to the occupants of that certain building located on the north - easterly cor- ner of Narcissus Avenue and East Coast Highway (3446 East Coast Highway, Corona del Mar),the right to park in the to -be 24 stalls parking lot located on Lots 1 and 3, Block 440, Corona del Mar, known as the offsite parking lot. By the terms of the leases with the tenants, the undersigned has granted the lessees the right to utilize the offsite parking stalls, as so defined by this agreement, for the duration of the leases. The intent is to provide ample customer parking for all concerned. es D. Ray g.3