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HomeMy WebLinkAboutC-1925 - Off-site parking agreement, Pirates InnCITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1925 Description of Contract Oft -S CALIFORNIA City Elan 3300 W. Newport Blvd. Area Code 714 DATE Smmt a. 1977 Authorized by Resolution No. 9077 adopted on 5 -9-7T Effective date of Contract July S. 1977 Contract with Jobn 1. SoeRarae (Pirate's Ian) Andress `6,0 seliotrma Ave, Corona del Mar. CA Amount of Contract -0- City Clerk Two copies^(one conformed w/R ding information) to City Attorney Office this date. RECORDING REQUvq-7D BY AND WHEN RECORDED RN TO: Ci,';_'y Clerk 3300 Newport Boulevard Newport Beach, California 239�?4 EXE PT C2 BX 12284FE 375 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. JUL 111977 J. WYLIE CWLF, County Recorder Space Above This Line for Recorder's Use Only OFF-SITE PARKING AGREEMENT (John E. Soukeras - 440 Heliotrope Avenue, Corona del Mar) TVIS AGREEMENT is made and entered into this day of ; ' 1977 between the CITY OF NEWPORT BEACH, i a munici(al corporation, hereinafter referred to as "City", and JOHN E. SOUKERAS, hereinafter referred to as "Owner". W I T N E S S E T H: WHEREAS, John E. Soukeras is the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California, and more particularly described as: Parcel 1 of a certain parcel map filed in Book 57, Page 20 of Parcel Maps, County of Orange, California, being a division of portions of Lots 1 and 2 and a portion of a vacated alley of Block G, Tract 323, as shown on a map recorded in Book 14, Pages 40 and 41 of Miscellaneous Maps, Records of Orange County, California hereinafter referred to as Parcel "A". WHEREAS, Owner proposes to expand the existing restaurant business located on the above described property, known as "The Pirates Inn", 440 Heliotrope Avenue, Corona del Mar, California. WHEREAS, the Newport Beach Municipal Code requires a total of forty (40) parking spaces for off-street automobile parking for the use of its employees and business invitees. WHEREAS, Owner has entered into an agreement with CDM Properties, Inc. for the use of a parking lot at the south - BX 12184PS 376 east corner of 2nd Avenue and Goldenrod Avenue, Corona del Mar, California to be utilized from the hours between 5:30 P.M. to 12:00 P.M. on any day, a copy of which agreement is attached hereto marked Exhibit "A". WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of March 17, 1977 considered the off-site parking agreement in conjunction with consideration of amended Use Permit No. 1566 by Owner to expand the existing restaurant facility and recommended approval of the off-street parking agreement to the City Council of the City of Newport Beach. WHEREAS, the City Council at its meeting of May 9, 1977 considered the provisions of Section 20.30.035D of the Newport Beach Municipal Code and determined that the off-street parking agreement should be approved. NOW, THEREFORE, in consideration of the foregoing, IT IS AGREED by and between the parties hereto as follows: 1. For so long as the building located on Parcel "A" is used as a restaurant facility, Owner will lease from CDM Properties, Ltd. not less than forty (40) off-street automobile parking spaces on the property at the southeast corner of 2nd Avenue and Goldenrod Avenue, Corona del Mar, California. Owner will provide the Director of Community Development of the City of Newport Beach a new or amended parking agreement ninety (90) days prior to the expiration of the parking agreement presently existing. 2. In the event the use of the forty (40) off-street automobile parking spaces as referred to in Paragraph 1 above should be terminated and lost to Owner for any reason, Owner will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be approved by the City. If the substitute parking spaces are not obtained, Owner will -2- gX 1 2284 P6 377 reduce the capacity of said restaurant to a level equal to the level of occupancy in existence at the time of approving of Use Permit No. 1566, or if some, but not all required park- ing can be provided, reduce the level of occupancy so as to reduce the parking requirements of said structure to a level consistent with off-street parking available to Owner as required by the City of Newport Beach's parking standards then in effect. 3. This Agreement shall run with the property described as Parcel "A" and shall bind the heirs, successors in interest and assigns of the parties hereto and it shall be recorded in the office of the County Recorder of the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF NEWPORT BEACH, A Municipal Corporation By 12 Mayor APPROV/BD AS /I'O/ FORM: sistar�t a i Att6kne -3- HRC:yz 5/16/77 STATE OF CALI IA) COUNTY OF ORANGE ) ss . BK 12284PG 378 On signed, �i Notary Pilt- in and for saidr)Stat77, e` fore me, L11e under - Milan Dostal ► personally appeared Mayor and known to me to be the City Clerk of the Muni p Corporationnown thattexecutedA, mebthehwithi— 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. �oae+ +14,(1o++;o* + '�' ��"*"��4 ,, 4 '+ e7171CIAL SEAL 0,- DORIOTHY L. Prl!1-N o♦NUT:'LiY PUS! L _A it df4PR'1NC.i'AI C)t�rrICE IN t O^ANGL e",0JN1Y 4 My Commission Expires Fib. 9, 19£31 � )ss: COUNTY OF ORANGE ) %k'l-e 1 C7 nn Notary Pubii.c n and for said State On 1977, before me, the under- signed, a Notary Public in and for said State, a personallyy known to me to be the appeared President and ' Secretary o the corporationkthat executed thenown to me 7CE —be within h n4 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 ��W 1977, before me, the undersigned, a otary Pub is an for said state , personally appeared whose nam is subscribed to the within I trument and acknowledged that =' executed the same. WI twE S o�rfCfAL s:Ai ,� rRI { :a ,. DOROTHY L. PAL NOFAiiY FUCUC. CAIIf Uf?OP.11 B fvC;r i+l O3=I ICE IN MY Commission Expires Feb. 9, ].551 6 STATE OF CALIFORNIA) COUNTY OF ORANGE ) my hand and official seal. ss: Notary Publ in and for said State On , 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared whose name is subscribed to the within instrument and acknowledged that _______executed the same. Notary Public in and for said State CITY OF NEWPORT BEACH CALIFORNIA July 8, 1977 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 236 Santa Ana, CA 92702 Attached for recordation is Off —Rita ParkinT s braaatawt frCM �John S. Snnkaraa parking for 440 WiotX= An.. Corona Aal wAr fnr I pes. Authorized by Resolution No. gp» City Manager authorized by Resolution No. 6773 to accept easement deeds. """ / Doris George City Clerk DG:swk enc. 6 City Hall 3300 W. Newport Blvd. Area Code 714 - 640 -2251 a 1 1. .m ent 30 r $. 8e1 ctrope . _- g y AL .. .. y' _ I am at e , t #grin&& ana t�vo oop?tes a s� to parking Agreaene£ween "e; M : a John B. Seuke iAe-I it i7F, fit. 44 r A£taetmen£: Mar, lls� .. . _ Please o2ata3a ai+pio s recorded rE ® u n reaei one• lFti3'eB - Po ,'t#xeraof so tha £ We £ra�t+e at sms� Jahn E. Souke�s Y K, .. .. y' _ A£taetmen£: �x S mot+► *uea 13, . . w r 7'13 - I f a i - -..i- �I. i RESOLUTION NO. 9077 L7 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 JOHN E. SOUKERAS IN CONNECTION WITH THE EXPANSION OF THE PIRATES INN (USE PERMIT NO. 1566) 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 John E. Soukeras in connection with the expansion of the Pirates Inn; 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 9th day of ATTEST: City Clerk , 1977 DDO /bc 5/6/77 `r By _.. May 3, 1977 TO: FROM: SUBJECT: City Council C- I City Councilleeting May 9, 1977 Agenda Item No. H -2(a) -k( _� CITY OF NEWPORT BEACH Department of Community Development LOCATION: Restaurant - Parcel 1 of Parcel Map 57 -20 (Resub- division No. 412), located at 440 Heliotrope Avenue, on the south- easterly side of Heliotrope Avenue, between East Coast,,F(ighy and First Avenue in Corona del Mar. Off -Site Parking Lot - Lots 2, 4, 6, 8, 10 and 12, Block 534, Corona del Mar Tract, located at the southeast corner of 2nd Avenue and Goldenrod Avenue. ZONE: Restaurant - C -1 Off -Site Parking Lot - R -2 APPLICANT: John E. Soukeras, Corona del Mar Application This application requests approval of an off -site parking agreement in conjunction with the expansion of an existing restaurant. In accordance with Section 20.30.035D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same 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 lease- hold interest of a duration adequate to serve all pro- posed 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 instru- ments, 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 park- ing 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, TO: City Counil - 2. Suggested Action If desired, adopt resolution authorizing the execution of an off - site parking agreement with John E. Soukeras, Corona del Mar. Planning Commission Recommendation At the Planning Commission meeting of March 17, 1977, the Commission voted (5 Ayes - 2 Absent) to approve Use Permit No. 1566 - Amended, including the requested off -site parking arrangement, subject to the following findings and conditions: A. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The proposed parking spaces for the expanded restau- rant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is located only 200 ft. from the restaurant site. b. Parking on the off -site parking lot will not create undue traffic hazards in the surrounding area. c. The applicant can provide a long -term agreement for the use of the subject parking lot during the evening hours of the week when the restau- rant will be in operation. 5. The approval of Use Permit No. 1566 - Amended will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. B. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of forty parking spaces shall be maintained at the easterly corner of Second Avenue and Goldenrod Avenue for at least three years. If the applicant loses the use of the subject parking spaces at a later date and cannot obtain the required number of parking spaces at another approved location, the net public area of the restaurant facility shall be reduced so as not to exceed the net public area that currently exists on the site. 4. That the hours of the operation of the restaurant facility shall be limited from 5:30 P.M. to 12:00 Midnight, daily, unless an off -site parking agreement is approved for parking spaces during daytime hours. L i TO: City Council - 3. E 5. That a sign be posted on the front of the premises indicat- ing the location of the off -site parking lot; said sign to be approved by the Department of Community Development. 6. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a three year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Com- mittee. The extension of the original Use Permit No. 1566 is hereby terminated. Background The applicant proposes to remodel and enlarge the existing Pirates' Inn Restaurant facility on the property in question. The proposed development consists of the following: The addition of a new 240 sq.ft.± dining- banquet room. 2. The expansion of the existing lobby- waiting room, including a secondary entryway into the restaurant facility on the easterly side of the structure. 3. The expansion of the existing kitchen with new walk -in freezer and refrigerated areas. 4. The construction of a new storage room. 5. The expansion of the existing outdoor patio area. 6. The installation of new restroom facilities. All development will be located on the first floor. The existing second floor, consisting of two offices and a restroom, will not be changed in conjunction with the proposed construction. There are no parking spaces on the subject property, and none were required when the restaurant use was established in 1964. However, the Municipal Code now provides that whenever a nonconforming build- ing or use is enlarged by more than ten percent of its original gross area in any one year period, the property on which it is located shall be made to comply with the current parking requirements unless a waiver or reduction of said requirement is authorized by use permit. In lieu of seeking a reduction or waiver of parking, the applicant is proposing to provide parking for the entire restaurant facility at the easterly corner of Second Avenue and Goldenrod Avenue, approximately 200 ft. from the subject property. The proposed development will require forty parking spaces, based upon one parking space for each 40 sq.ft.± of "net public area" (1,600 sq.ft. ±, including the 237 sq.ft.± outdoor patio). The off -site parking lot contains sixty -one parking spaces. The applicant does not propose to operate the Pirates' Inn during breakfast or lunch hours. Therefore the restaurant hours will not conflict with the main use of the subject parking lot which is during the normal business day. Attached for the information and review of the City Council is an excerpt from the minutes of the Planning Commission meeting and a copy of the Planning Commission staff report which contains all of the background information and data pertinent to the prior reviews and actions on this use by the City Council and the Planning Commission. A copy of the plot plan, floor plan, elevations and landscape plan will be on display at the time of the hearing. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By JA KS D. HEWICKER Assi tant Director - Planning JDH /kk i i TO: City Council - 4. Attachments for City Council Only: 1) Excerpt from Planning Commission minutes. 2) Planning Commission Staff Report with attachments. 3) Letter from Corona del Mar Properties, Ltd. - amended 4/18/77. E_ COMMISSIONERS U L *�\ City of Newport Beach wog. - Motion Ayes Absent EI MINUTES Larry Sommers, Emkay Development Company, appeared fore the Commission in connection with the ameTtdqent and had no objection to the continuance. Roman Kallme Architect, 1201 Dove Street, advis he had no objet to the continuance and felt that it may be to the' advantage under the circumstances. Following discussion, motion was m that Amendment No. 490 and Use Permit No. 1 (Amende be continued to the meeting of April 7, 19 Commissioner Seely declared himself to be in conflict of interest on the following item and therefore stepped down from the dais and refrained from deliberation in connection therewith. Request to permit the expansion of the Pirates Inn restaurant facility in the C -1 District, and the acceptance of an offsite parking agreement for the required parking spaces. Location: Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) located at 440 Heliotrope Avenue, on the south- easterly side of Heliotrope Avenue, between East Coast Highway and .First Avenue in Corona del Mar. Zone: C -1 Applicant: John E. Soukeras, Corona del Mar Owner: Same as Applicant Staff distributed a letter received from Donald G. Clark in support of the request and answered questions of the Commission relative to-the off - site parking lot and required agreement. Public hearing was opened in connection with this matter. John Soukeras. 440 Heliotrope Avenue, Corona del Page 9. IND ■X COMMISSIONERS �- 9�® 1 City of Newport Beach v�p 9 O,} pt� 9 G tpP �s March 17, 1977 POLL CALL Mar, applicant, appeared before the Commission and commented on his desire to upgrade the restaurant and provide a waiting area for custon ers. He also commented on the condition to pro- vide valet parking and felt it would eliminate several on- street parking spaces and cause congestion in front of the restaurant. He woulc prefer to post a sign advising of the parking location and advised he has had no parking probl in the past and did not anticipate any in the future. Mr. Soukeras answered questions of the Commission relative to the proposed expansion ar his ability to obtain a three -year lease for thl off -site parking lot. Donald G. Clark, 411 Heliotrope, Corona del Mar, appeared before the Commission in support of thl request and felt that the restaurant was an asst to the community. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make V Ayes X X X X X following findings: Absent X X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the. do not contemplate any problems. 4. The proposed parking spaces for the expanded restaurant use on a separate lot from the building site are justifiable for the follow ing rearons: a. The subject parking lot is located only 200 feet from the restaurant site. b. Parking on the off -site parking lot will not create undue traffic hazards in the surrounding area. c. The applicant can provide a long term agreement for the use of the subject par ing lot during the evening hours of the Page 10. MINUTES e i !t le r c- INOWX 6 COMMISSIONERS City of MOLL CALL Newport March 17, 1977 • Beach week when the restaurant will be in operation. MINUTES The approval of Use Permit No. 1566 (Amended) will not, under the circumstances of this cas be detrimental to the health, safety, peace, morals, comfort and general welfare of person 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. and approve Use Permit No. 1566(Amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 40 parking spaces shall be maintained at the easterly corner of Second Avenue and Goldenrod Avenue for at least three years. If the applicant loses the use of the subject parking spaces at a later date and cannot obtain the required number of park- ing spaces at another approved location, the net public area of the restaurant facility shall be reduced so as not to exceed the net public area that currently exists on the site. 4. That the hours of the operation of the restau• rant facility shall be limited from 5:30 P.M. to 12:00 Midnight, daily, unless an offsite parking agreement is approved for parking spaces during daytime hours. 5. That a sign be posted on the front of the premises indicating the location of the off - site parking lot, said sign to be approved by the Department of Community Development. 6. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a three year period from the effective date of this action, and any request for Page 11. INOWX COMMISSIONERS I City of Newport Beach MINUTES $z March 17, 1977 MOLL CALL INOEX extension shall be acted upon by the Modifi- cations Committee. The extension of the original Use Permit No. 1566 is hereby terminated. Commissioner Hummel advised that as a local resident, he had no objection to the restaurant because of its quiet low -key nature, however, he voiced concern with parking in the area and felt that valet parking would be detrimental and cause more congestion. Commissioner Seely returned to the dais. Item #7 Request to permit the construction of second floor room additions so as to expand The Surfer USE PERM N 7_8F3 take -out restaurant facility in the C -1 District. Further request to waive all of the required DENIED parking spaces in conjunction with the proposed development. Locat'on: A portion of Lot 1, Block 22, Newport Beach, located at 2200 West Ocean Front, on the northerly corne of West Ocean Front and 22nd Street n McFadden Place. Zone: C -1' Applicant: Francis Costa Mesa a, Owner: Same s ant %App Public hearing was opened in on with this matter. Fran Ursini, 1803 Hummingbirdesa, applicant, appeared before ths' n and Nin advised that the restaurant heen sed to its full potential with respelowab occupancy load and rather thadding t les, he would like to remodel the loor. He concurred there was a parking in the are but felt it would exist regardless of the Page 12. IT Planning Commission Meeting March 17, 1977 CITY OF NEWPORT BEACH March 10, 1977 Item No. 6 TO: Planning Commission FROM: Department o.f Community Development SUBJECT: Use Permit No. 1566 (Amended) (Public Hearing) Request to permit the expansion of the Pirates Inn restaurant facility in the C -1 District, and the acceptance of an offsite parking agreement for the required parking spaces. LOCATION: Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) located at 440 Heliotrope Avenue, on the southeasterly side of Heliotrope Avenue, between East Coast Highway and First Avenue in Corona del Mar. ZONE: C -1 APPLICANT: John E. Soukeras, Corona del Mar OWNER: Same as Applicant Application This application requests approval of a expansion of the Pirates Inn Restaurant In accordance with Section 20.35.020 of Code, restaurants shall be permitted in to the securing of a use permit in each are outlined in Chapter 20.80.of the Mu use permit to permit the facility in the C -1 District. the Newport Beach Municipal the C -1 District, subject case. Use permit procedures nicipal Code. This application also requests approval of an off -site parking agree- ment for a portion of the required parking spaces for the subject restaurant use. 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 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 instru- ments, 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. Ltem Na.:zG ,:. 1 TO: Planning Commission - 2. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" uses. The restaurant facility falls within the permitted uses. The area is also designated for Specific Area Plan. Subject Property and Surrounding Land Use The Pirates Inn, a small restaurant which now has an occupant load of 38 persons, exists on the subject site. The first floor of the restaurant contains a patio, kitchen, dining room facilities, and a restroom. The second floor contains offices and a restroom. To the northwest, across Heliotrope Avenue, is the three -story Mutual Savings Building and related off - street parking lots; to the northeast is the Port Theater; adjoining the theater to the south, on a contiguous site owned by the applicant, is a paint store with an apartment above; to the southeast is a take -out restaurant; and to the southwest is a two -story professional office - commercial building. The nearest residential use to the restaurant, other than the apartment owned by the applicant above the adjoining paint store on Coast Highway, is a residence at 439 Heliotrope Avenue, across the street from the restau- rant. This residence, by actual field check and scaling of drawings and maps on file with the Department of Community Development, is approximately one hundred feet from the restaurant entrance. Background Records of Building Permits indicate that the occupancy of the exist- ing building on the site was converted from office to restaurant use in December, 1964. Preceding the establishment of the restaurant, Use Permit No. 1067 for the serving of wine in conjunction with meals at A FIGA, a French dinner house, was approved by the Planning Commis- sion on September 3, 1964. This Use Permit continued in effect until November 18, 1971, at which time Use Permit No. 1566, to allow the sale of alcoholic beverages, was approved. The Modifications Committee has subsequently approved extensions of Use Permit No. 1566 to November 18, 1980. On September 7, 1973, the applicant applied for an amendment to Use Permit No. 1566 so as to permit the expansion of the existing restaurant and to provide parking at an off -site location. The restaurant is nonconforming from the standpoint of existing restaurant parking require- ments because there were no parking requirements when the use was established in 1964. However, Section 20.30.030, B, 3., of the Newport Beach Municipal Code, which was added in 1969, states as follows: "3. ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10 %) of its original gross area in any one -year period, the property on which it is located shall be made to comply with the parking require- ments of subsection A of this section unless a waiver or reduction of said requirement is authorized by use permit." In this particular case, the applicant proposed to add a 900 sq. ft. cocktail lounge, install new restroom facilities on the first floor, enlarge the existing kitchen, and construct a storage room. The proposed addition would increase the occupancy load of the restaurant from 38 persons to 98 persons and increase the parking requirement from 13 spaces.to 33 spaces, based upon one parking space for each 3 seats. Item No. 6 (4) 0 IR TO: Planning Commission - 3. On October 18, 1973, the Planning Commission considered the applicant's request and approved (6 Ayes 1 Absent) the amendment to Use Permit No. 15.66 subject to the following eight conditions: That development be in,substantial conformance with the approved.plot plan. 2. That the hours of operation of the restaurant shall be limited from 5:30 P.M. to 12:00 midnight, daily. 3. An off -site parking agreement, providing the required number of parking spaces for the operation as proposed, shall be approved by the City Council. 4. That all trash or storage shall be shielded from view within the building. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That all applicable conditions of approval of Resubdivision No. 412 be fulfilled. 7. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a two -year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. B. That a sign indicating the location and availability of the off - street parking spaces be posted on the outside of the restaurant. Inasmuch as the proposed expansion of the restaurant would occur on adjoining property owned by the applicant but separate from the exist- ing restaurant, a resubdivision application combining portions of Lots l and 2, Block G, Tract 323, and.a portion of a vacated alley was required. This application, Resubdivision No' 412, was also approved (6 Ayes, .1 Absent) by the Planning Commission on October 18, 1973, and became final on November 8, 1973, following the expiration of the appeal period. A parcel map was subsequently prepared and submitted as required by the approval of Resubdivision No. 412 and recorded by the County Recorder on December 13, 1973. In the process of adjusting the lot line between the existing restaurant on Heliotrope and the adjoining paint store on East Coast Highway, it was determined that the existing stairway serving the second floor apartment above the paint store would have to be r- located in order to place the stairway entirely on the paint store site. Inasmuch as the apartment is a legal nonconforming use in the C -1 District, a Modification was required. A Modification Application was submitted by the applicant on April 30,,1974, and approved by the Modifications Committee on May 14, 1974. The action of the Modifications Committee became final on May 21, 1974, following the expiration of the seven day appeal period. Proposed Off -Site Parking Lot.and Parking Agreement The fourth and final approval .required of the applicant prior to submitting his plans to the South Coast Regional Conservation Commis- sion was the approval by the City Council of the applicant's off -site parking arrangement for the required 33 parking spaces. To meet this requirement, the applicant secured and the .Planning Commission approved the use of the existing parking lot at the easterly corner of Second Avenue and Goldenrod.Avenue.. This lot has a capacity of 61 'spaces, Item No. 6 Ki TO: Planning Commission - 4. which was more than adequate to meet the applicant's requirements; was located within a reasonable distance of the site (200 ft. t) so as to be used by the restaurant's patrons; and was available during the hours when the restaurant was in operation and the office building was closed. However, at its meeting of December 23, 1974, the City Council denied the proposed off -site parking agreement, apparently because of opposition from residents in the immediate area or because of an objection to a portion of the terms of the agreement by the applicant (see attached excerpt of the City Council Minutes dated December 23, 1974). Analysis The applicant proposes to remodel and enlarge the existing Pirates Inn Restaurant facility on the property in question. The proposed develop- ment consists of the following: 1. The addition of a new 240 sq. ft. t dining- banquet room. 2. The expansion of the existing lobby- waiting room, including a secondary entryway into the restaurant facility on the easterly side of the structure. 3. The expansion of the existing kitchen with new walk -in freezer and refrigerated areas. 4. The construction of a new storage room. 5. The expansion of the existing outdoor patio area. 6. The installation of new restroom facilities. All development will be located on the first floor. The existing second floor, consisting of two offices and a restroom, will not be changed in conjunction with the proposed construction. Offstreet Parking Requirements There are no parking spaces on the subject property, and none were required when the restaurant use was established in 1964. However, the Municipal Code now provides that whenever a nonconforming building or use is enlarged by more than ten percent of its original gross area in any one year period, the property on which it is located shall be made to comply with the current parking requirements unless a waiver or reduction of said requirement is authorized by use permit. In lieu of seeking a reduction or waiver of parking, the applicant is proposing to provide parking for the entire restaurant facility at the same offsite parking lot as originally requested (i.e. the easterly corner of Second Avenue and Goldenrod Avenue, approximately 200 feet from the subject property). The proposed public area has been decreased in the restaurant facility since the original expansion plans were approved by the Planning Commission in 1974. However, the parking requirements for restaurant uses in the City have increased since that time. The proposed develop- ment would now require 40 parking spaces, based upon one parking space for each 40 sq. ft. of "net public area" (1,600 sq. ft. ±, including the 237 sq. ft. t outdoor patio). The parking standards could also vary under current parking requirements from 32 spaces (i.e. one park- ing space for each 50 sq. ft. of "net public area ") to 54 parking spaces (i.e. one parking space for each 30 sq. ft. of "net public area "). The applicant has been given permission to utilize the offsite parking lot containing 61 parking spaces during the evening hours, located at the easterly corner of Second Avenue and Goldenrod Avenue (see attached parking agreement). The applicant does not propose to have the Pirates Inn Restaurant facility open during breakfast or lunch hours. Staff is therefore of the opinion that the parking arrangement is workable, since the restaurant hours Item No. 6 T0: Planning Commission - 5. will not conflict with the main use of the subject parking lot which Is during the normal business day. 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. 1566 (Amended) and suggests that the Planning Commission make the following findings in conjunction with the applicant's request: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any .problems. 4. The proposed parking spaces for the expanded restaurant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is located only 200 feet from the restaurant site. b. Parking on the off -site parking lot will not create undue traffic lazards in the surrounding area. c. The applicant can provide a long term agreement for the use of the subject parking lot during the evening hours of the week when the restaurant will be in operation. 5. The approval of Use Permit No. 1566 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Approval of Use Permit No. 1566 (Amended) is recommended, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 40 parking spaces shall be maintained at the easterly corner of Second Avenue and Goldenrod Avenue for at least three years. If the applicant loses the use of the subject parking spaces at a later date and cannot obtain the required number of parking spaces at another approved location, the net public area of the restaurant facility shall be reduced so as not to exceed the net public area that currently exists on the site. 4. That the hours of the operation of the restaurant facility shall be limited from 5:30 P.M. to 12:00 Midnight, daily, unless an offsite .parking agreement is approved for parking spaces during daytime hours. ;top No. Go} ( • 1 ( • TO: Planning Commission - 6. 5. That a valet parking service shall be used to assure use of the off -site parking lot by the restaurant patrons. 6. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By �i,G•�ce�i William R. Laycoc , Senior Planner WRL /sh Attachments: Vicinity Map Excerpt from City Council Minutes dated 12/23/74 Letter from CDM Properties, Inc. dated 1/1/76 Plot Plan, Floor Plans, Elevations Landscape Plan Item No. 6 OFF -StTE\pAIWING SOVECT LOX c ' 0 '�a Ja ' 9a •� �J � 'A s �J ' i a � ,,�Q . �P • r 1 1 % �J � � � • � is qa J a RJ �' � i 1p a d J IR ,lp1 IR IRA Cu, � At/ � / �i ♦y ' i ltil . +' / � '►• '� � � r . 1, �a %mac- �-sr • i h'R/ D J KI {M JA.� w...IMpr.JJ »�—Jr.rfl+ / /� t .9 J.MItY • �Jlrti. .+J r' / / '�% / .� J 4 4 aJI JU{>•6Jb.✓6 6« -ew .H Aw •Ir' ,i Iww •r;; t••. �µ «• 7'r 1 11 qr. ^ ,p X p'RJ 9y ,.�i •.w +a .nJ µJr... L.4Iw. RNJM..w 4.I. A.� I: 1 +�� \ •,O• '9% rb � MM1M. IMNIrwf 111 fw.f /JYr 4J�inulr r, f � � R (\ ✓ {{" JJi 10 IMO;,fY'V!Y N MY• rR..• ` :Y M••+ \� / / '' / '/.+' °4�"ry L ,,qJ / NJ � w>.•L Jas> eaJ..:.i. r'�"wu°..��q..c..,e t.i rc. tea. _ \ } � u• /1 ` y 2� as .w uM �:r �.f. .fl+u'm a. l.d Ce�M:1.:. !:! J; •"'' „m• of, y � .+n+•h..w> rctii rJ•iatr nx ,r N/>.l J.•..v /. �� q/ ///... I'� NJ4IIM <.•I. J:.: .!�NM .•YCI Ryr•nJ /`Jn/ e 6 f•tJT ✓f TTY 111AAAMMM sIF .y.^ No. /e - -- DISTRICTING MAP NEWPORT REACH — CALIFORNIA SSMCYLTYIIM. MYL *I,L[ M[LD[nn.L [-1 SMDL[ f {MLT D[WCNMI_ 40NT COMM[IICiAI D -= DY.L[i 11[fW[nML C -[ 6CNCML COU"[ L mft M Tlm f)wLT I mlI TML `_Y -1 MANU M MMND YM), !1D {)D 1ie r a D]MMInD MSTMDTS [y� MOLSSNn[D Mt► MQ Tnn•vbrA 0{ M tR fee4 Sho.+n ThvS:-O• D[C'Y.IgD USE F RMIT N'0. 1544 (AMEN'DE: ;u I 'i COUNCILMEN CITY OF NEWPORT BEA 8 REGULAR COUNCIL MEETING Place: Council Chambers MINUTES OLL CALL a T r a 2 m Date: December 23, 1974 INDEX 'resent x x x x N Roll Call. The reading of the Minutes of the Regular Meeting of lotion December 9, 1974 was waived, and said Minutes were ap- tyes r x x x x z 2 proved, as amended, and ordered filed. The reading in full of all ordinances and resolutions lotion x under consideration was waived, and the City Clerk was kyes K x x x x directed to read by titles only. INGS: 1. yor McInnis opened the public hearing in connection Temporary w h Ordinance No. 1591, being, Use Permits ORDINANCE OF THE CITY OF NEWPORT BEACH ING SECTION 20.08.110 AND REPEALING SEC - TIO 10.08.120 OF THE NEWPORT BEACH MUNICIPAL CODE TAINING TO TEMPORARY USES IN ANY COM- MERCIAL, INDUSTRIAL OR PLANNED COMMUNITY DIS- TRICT, Planning Commissi Amendment No. 440, to provide for temporary uses in a commercial, industrial or Planned Community Dis ict, subject to the securing of a use permit in each as*. A report was presented fro the Community Development Department. lotion x The hearing was closed after it s determined that lyea x x x x x 7 3 no one desired to be heard. lotion x Ordinance No. 1591 was adopted. lyea K x x x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1592, being, PCH City Parking Lot AN ORDINANCE OF THE CITY OF NEWPORT BEACH - ING SECTION 12.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A PARKING, PERMIT SYSTEM FOR THE PACIFIC COAST HIGHWAY CITY PARK- ING LOT, providing for monthly and quarterly rates, was � I presented. lotion x Ordnance No. 1592 was adopted. es i! CONTINUED BUSINESS: 1. A report was presented from the Community Development Off -site I Department regarding an off -site parking agreement in Parking/ i connection with Amended Use Permit No. 1566_, which Pirates allows expansion of an existing restaurant (Pirates Inn Inn )with approved on -sale alcoholic beverages within 200 feet of a residential district, located at 440 Heliotrope Avenue on the southeasterly side and westerly of East Coast Highway in Corona del. Mar, j zoned C -1. Volume 28 - Page 304 JLL lotion ayes fotion ayes lotion ryes 0 COUNCILMEN CITY OF NEWPORT BiACH xl x lotion yeS IX j I Xi I 'oes j x� ix; I I I f '.yea x 6;.. x X. x• X, i I 11 4 An opinion was presented from the City Attorney regarding vested rights. MINUTES The following letters opposing off -site parking for the Pirates Inn were received after the agenda was printed: Mary Beery, Eloise Kloke, Mr. and Mrs. Lawrence Kerr, Mr. and Mrs. John Davison, Mr. and Mrs. .Steven Matchura, Mr. and Mrs. William Fisk, Muriel Griffith, Donald Kollanse and Shirley Shutt. A letter from Fred Smith in favor of the off -site parking was received after the agenda was printed. Paul Hummel addressed the Council in opposition to off -site parking and submitted a petition bearing twenty -four signatures of residents in the immediate area expressing their opposition to the off -site parking agreement. He was allowed ten minutes for his presentation. Mr. Hummel was granted an additional minute for his presentation. John Soukeras, owner of Pirates Inn, addressed the Council and was allowed an additional five minutes for his presentation. Joel Malley and Mona Shelton, owner of the Mona Lisa Shop, addressed the Council in favor of the off -site parking agreement. Mr. Soukeras addressed the Council and requested a recess to consider the terms of the agreement. With the unanimous consent of the Council, Mayor McInnis declared a five minute recess. The meeting reconvened with all members present. Mr. Soukeras and Mrs. Hummel again addressed the Council. Leonard Morgan, addressed the Council against the off-site parking agreement. Resolution No. 8408, establishing the duties and responsibilities of the Bicentennial Citizens Ad- visory Committee, was adopted; and the appointment of the following officers was confirmed: Les Steffen as Chairman, James Felton as Vice Chairman an rot Blanchard as Secretary. Volume 28 - Page 305 INDEX Cart c CDM PROL'I {it' IES, LTD, 2845 East Can >tt Highway Corona del Mar, California 92625 .January 1, 1976 Mr. John E. Soukeras The Pirates Inn 440 Heliotrope.Avenue Corona del Mar, California 92625 RE: Parking Lot - 2nd & Goldenrod Avenue, Corona del Mar Dear Mr. Soukeras: This letter will confirm our annual agreement relating to the continued use of the above referenced parking lot by customers of the Pirates Inn. Said use is limited to the hours between 5:30pm & 1 :00pm. You agree to hold CDM Properties, Ltd. harmless from any damages to person or property arising out of said use. Sincerely, CDM G f / , /,, azlIA JOJ{ OUKERAS The Pirates Inn -n o a N NN O • • CDM PROPERTIES, LTD. 2845 East Coast Highway Corona del Mar, California 92625 675 -6900 January 1, 1976 Mr. John E. Soukeras The Pirates Inn 440 Heliotrope Avenue Corona del Mar, California 92625 RE: Parking Lot - 2nd & Goldenrod Avenue, Corona del Mar Dear Mr. Soukeras: This letter will confirm our annual agreement relating to the continued use of the above referenced parking lot by customers of the Pirates Inn. Said use is limited to the hours between You agree to hold CDM Properties, Ltd. harmless from any damages to person.or property arising out of said use. Sincerely, CDM IES, LTD. �b WELTON, Generar Partner `1 J t. SOUKERAS The Pirates Inn ANATOL T. CHART, D.D.S. A PROFEMONAL CORPORATION PERIODONTICS 23 December 1974 ' P City of Newport Beach v' City Council 3300 Newport Blvd. Newport Beach,Calif. RE: Pirates Inn Restaurant Gentlemen, It came to my attention that opposition has been voiced against the addition of a cocktail lounge /waiting room combination to The Pirates Inn. It has been my experience since dining at The Pirates Inn for many years, that this restaurant caters to "mature audiences only." I do not believe that the cocktail lounge would draw drinking only patrons; it would rather provide for a relaxing fifteen minutes for the regular customers of this charming place. The upgrading of The Pirates Inn would be an asset, not • liability to the neighborhood. Perhaps it would even add • fifth star to the Orange County Illustrated rating of this restaurant. I hope that your ruling on this matter will show that you agree with my opinion. With best wishes for the rest of 1974 and all of 1975. Sincer-ely, atbl T.Chari,p.D.S. ATC/cs 400 NEWPORT CENTER DRIVE • SUITE 305 • NEWPORT BEACH, CALIF. 92660 • PHONE: 644 -0680 7 RF.SOLUt ^ION NO. DEC 23 19 By the CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY 1TY OF hiii4(BQRi BEAC OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN OFF =,SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JOHN E. SOUKERAS (PIRATES' INN) r- WHEREAS, there has been presented tc the City council Of the City of Newport Beach a certain Off-site parking agreement between the City of Newport Beach and John E. Soukeras (Pirates' Inn); and WHEREAS, the City Council has considered the terms and conditions of said off -site parking agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 23rd day of December , 1974, DDO /bc 1 2/1.7/74 City Council Meeting December 23, 1974 DEC 23 /97 Agenda Item No. F -1 By the CITY COUNCIL 'TY 06 X6WFQAT IFA^'' CITY OF NEWPORT BEACH December 18, 1974 TO: City Council FROM: Department of Community Development SUBJECT: Off -Site Parking Agreement in Conjunction with the Enlar ement of the Pirates' Inn Restaurant Use Permit No. 1715 LOCATION: Restaurant - Portions of Lots 1 and 2, Block G, Tract 323, and a portion of a vacated alley southwesterly of Lots 1 and 2; located at 440 Helio- trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly of East Coast Highway in Corona del Mar. Off -Site Parking Lot - Lots 2, 4, 6, 8, 10 and 12, Block 534, Corona del Mar Tract, located at the southeast corner of 2nd Avenue and Goldenrod Avenue. ZONE: Restaurant - C -1 Off -Site Parking Lot - R -2 APPLICANT: John E. Soukeras, Corona del Mar Application This application requests approval of an off -site parking agreement in conjunction with the expansion of an existing restaurant. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common 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 lease- hold interest of a duration adequate to serve all pro- posed 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 instru- ments, 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 TO: City Council - 2. 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 De- partment of Community Development. City Council Action This request was initially considered by the City Council on Novem- ber 25, 1974, at which time it was removed from the consent calendar and action postponed to the City Council meeting of December 23, 1974. Background The Pirates' Inn, a small restaurant which will accommodate an occupant load of 38 persons, exists on the subject site. The first floor of the restaurant contains a patio, kitchen, and dining room facilities. The second floor contains an office and restrooms. To the northwest, across Heliotrope Avenue, is the three -story Mutual Savings Building and related off - street parking lots; to the northeast is the Port Theater; adjoining the theater to the south, on a contiguous site owned by the applicant, is a paint store with an apartment above; to the southeast is a take -out restaurant; and to the southwest is a two -story professional office- commercial building. The nearest residential use to the restaurant, other than the apartment owned by the applicant above the adjoining paint store on Coast Highway, is a residence at 439 Heliotrope Avenue, across the street from the res- taurant. This residence, by actual field check and scaling of drawings and maps on file with the Department of Community Development, is approximately one hundred feet from the restaurant entrance. Records of Building Permits indicate that the occupancy of the exist- ing building on the site was converted from office to restaurant use in December, 1964. Preceding the establishment of the restaurant, Use Permit No. 1067 for the serving of wine in conjunction with meals at A FIGA, a French dinner house, was approved by the Planning Commis- sion on September 3, 1964. This Use Permit continued in effect until November 18, 1971, at which time Use Permit No. 1566, to allow the sale of alcoholic beverages, was approved. On September 7, 1973, the applicant applied for an amendment to Use Permit No. 1566 so as to permit the expansion of the existing restau- rant and to provide parking at an off -site location. It should be noted that the restaurant is nonconforming from the standpoint of existing restaurant parking requirements because there were no parking requirements when the use was established in 1964. However, Section 20.08.191, B, 3., of the Newport Beach Municipal Code, which was added in 1969, states as follows: "3. ENLARGEMENT. Whenever a nonconforming building or use in enlarged by more than ten percent (10 %) of its original gross area in any one -year period, the prop- erty on which it is located shall be made to comply with the parking requirements of subsection A of this section unless a waiver or reduction of said require- ment is authorized by use permit." In this particular case, the applicant is proposing to add a 900 sq.ft. cocktail lounge, install new restroom facilities on the first floor, enlarge the existing kitchen, and construct a storage room. The Proposed addition will increase the occupany load of the restaurant from 38 persons to 98 persons and increase the parking requirement from 13 spaces to 33 spaces. On October 18, 1973, the Planning Commission considered the applicant's request and approved (6 Ayes, I Absent) the amendment to Use Permit No. 1566 subject to the following eight conditions: TO: City Council - 3. 1. That development be in substantial conformance with the approved plot plan. 2. That the hours of operation of the restaurant shall be limited from 5:30 P.M. to 12:00 midnight, daily. 3. An off -site parking agreement, providing the required number of parking spaces for the operation as proposed, shall be approved by the City Council. 4. That all trash or storage shall be shielded from view within the building. 5. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That all applicable conditions of approval of Resubdivision No. 412 be fulfilled. 7. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a two -year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. 8. That a sign indicating the location and availability of the off - street parking spaces be posted on the out- side of the restaurant. A copy of the Planning Commission staff report and an excerpt of the Commission's minutes are attached. The twenty -one day appeal period subsequently expired and the action of the Planning Commission became final on November 8, 1973. Approvals Requested and Secured by the Applicant Subsequent to the Approval of the Amendment of Use Permit No. 1715. Inasmuch as the proposed expansion of the restaurant will occur on adjoining property owned by the applicant but separate from the exist- ing restaurant, a resubdivision application combining portions of Lots 1 and 2, Block G, Tract 323, and a portion of a vacated alley was required. This application, Resubdivision No. 412, was also approved (6 Ayes, 1 Absent) by the Planning Commission on October 18, 1973, and became final on November 8, 1973, following the expiration of the appeal period. A Parcel Map was subsequently prepared and submitted as required by the approval of Resubdivision No. 412 and recorded by the County Recorder on December 13, 1973. In the process of adjusting the lot line between the existing restau- rant on Heliotrope and the adjoining paint store on East Coast Highway, it was determined that the existing stairway serving the second floor apartment above the paint store would have to be relocated in order to place the stairway entirely on the paint store site. Inasmuch as the apartment is a legal nonconforming use in the C -1 District, a Modification was required. A Modification Application was submit- ted by the applicant on April 30, 1974, and approved by the Modifica- tions Committee on May 14, 1974. The action of the Modifications Committee became final on May 21, 1974, following the expiration of the seven day appeal period. Proposed Off -Site Parking Lot and Parking Agreement The fourth and final approval required of the applicant prior to submitting his plans to the South Coast Regional Conservation Commis- sion is the approval by the City Council of the applicant's off -site parking arrangement. TO: City Council - 4. As noted earlier in this staff report, Section 20.08.191 of the Municipal Code would require that the applicant either meet the full requirement for off - street parking or secure a waiver or reduction of the parking requirement through the use permit procedure. Inas- much as the Planning Commission in approving the amendment to Use Permit No. 1715 did not. consider or authorize a reduction in the off - street parking requirement, a minimum of 33 parking spaces will be required for the expansion of the restaurant. To meet this re- quirement, the applicant has secured and the Planning Commission has approved the use of the existing parking lot at the southeast corner of 2nd Avenue and Goldenrod Avenue. This lot has a capacity of 70 spaces, which is more than adequate to meet the applicant's require- ments; is located within a reasonable distance of the site (200 ft. +) so as to be used by the restaurant's patrons; and is available during the hours when the restaurant is in operation and the office building is closed. A copy of the applicant's lease, which is on an annual basis, is attached. Suggested Action If desired, adopt resolution authorizing the execution of an off - site parking agreement between the City of Newport Beach and John C. Soukeras (Pirates' Inn). Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By .;LAMES D. HEWICKER Assistant Director - Planning JDH /kk Attachments for City Council Only: Vicinity Map. Excerpt of Planning Commission minutes dated October 18, 1973. Planning Commission staff report dated October 11, 1973, with attachments. Parking Lot Lease. i S'E MGP �' j2 Easr 7- ESTA02A J7 OFF -SITE PAZKiUG EMSTIQG RESTAURoaKrr J n Z flZi n 2 A7 ILA L l All, e fl2 fl4 W2 P2N � 0 AVE. qvE. e 0 eR2 fl-I j R-2 fl -2 I S`SFCONO qvE, ° , JJJ n o c �yy C Nfl 2 4 [ 1 Ij ppNE vW« N,N � NWT 2 � V e P2 ftR Q F4 A3 L' USE PE2w * ISGin COMMISSIONERS — CITY OF NEWPORT u-LACH v m z z P x P P oLL CALL October 18, 1973 MINUTES INDEX I Initiated by: The City of Newport Beach Community Development Director Hogan commented on ! motel use in the A -P District and stated this woul be a proper use and an amendment to the A -P Distric t could be instituted to cover the motel use. Public hearing was opened in connection with this 1 matter. The following persons appeared in opposition to any change in zone as they felt that the property ners were beginning to improve the area now that "cloud �th of the proposed freeway had been lifted'; also, the area no longer lends itself to the med- ical p fession because Newport Boulevard separates the area from Hoag Hospital: y Don Mc rty, Attorney representing Mr. Vogel and Mr. Lavag 'no; Lars Lavag 'no; Arthur Stroc Holmwood Drive; John Vogel; ' Dustin O'Neil, p operty owner on Newport Boulevard; i Al Irwin; Bill Johnson, Lido E1 tronic Doors; June Farrar Johnson; j Dr. Miner. There being no others desiring to pear and be !heard, the public hearing was close j Planning Commission discussed lot sizes f the various properties; the possibility of co idering j a Specific Area Plan rather than changing t e zone; and questioned the possibility of the area re ert- j ing back to medical uses. Motion X Following discussion, motion was made that Amend - Ayes X X'X X �X X X'ment No. 391 be withdrawn, that the staff consider Absent I a Specific Area Plan for the area, and that the General Plan be re- examined in order to bring it into line with the present trend of commercial uses. Item A -7 USE PERMI Request to permit the expansion of an existing NO 1566 restaurant with approved on -sale alcoholic bever- ages within 200 feet of a residential district, AMEND. and the approval of an off -site parking agreement for the required parking spaces. APPROVED CONDI- Page 4. N LLY IT COMMISSIONERS CITY OF NEWPORT evi�ACH MINUTES 9 B i Z P N P T Z P P OLL CALL m T October 18, 1973 INDEX Location: Portion of Lots 1 and 2, Block G, Tract 323, and a portion of a vecated alley southwesterly of Lots 1 and 2, located at 440 Helio- trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly of East Coast Highway in Corona del Mar. (Pirates Inn) Zone: C -1 Applicant: John E. Soukeras, Corona del Mar Owner: Same as applicant Public hearing was opened in connection with this matter. John Soukeras, applicant, appeared before the Planning Commission and stated he had no objection to the recommended conditions. I Steven Matchupa, property owner at 433 Heliotrope, appeared before the Planning Commission and voiced concern over parking in the area. Larry Kerr, 437 Heliotrope, appeared before the Commission, commented on parking, and suggested that a sign be posted indicating the location of parking for the restaurant. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, Planning Commission approved Ayes X X X X X X the amendment to Use Permit No. 1566 subject to Absent X the following conditions: 1. That development be in substantial conformance with the approved plot plan. 2. That the hours of operation of the restaurant shall be limited from 5:30 P.M. to 12:00 mid- night, daily. 3. An off -site parking agreement, providing the required number of parking spaces for the operation as proposed, shall be approved by the City Council. 4. That all trash or storage shall be shielded fr m view within the building. Page 5. COMMISSIONERS _ CITY OF NEWPORT bLACH m f m F m <f m a m Z P P :ou CALL October 18, 1973 MINUTES INDEX 5. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That all applicable conditions of approval of Resubdivision No. 412 be fulfilled. 7. The approval for the sale of alcoholic bever- ages in the expanded restaurant shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. 8. That a sign indicating the location and availability of the offstreet parking spaces be posted on the outside of the restaurant. \ Item A -8 Request to combine portions of Lots into two RESUB- parcels. DIVISION Location: Portion of Lots 1 and 2, Block G, Tract 323, and a portion of a APPROVED vacated alley southwesterly of CONDI- Lots 1 and 2, located at 440 Helio- TI15NK—LLY trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly of East Coast Highway, in Corona del Mar. Zone: C -1 Applicant: hn E. Soukeras, Corona del Mar Owner: Same Ayplicant Engineer: John K. M drell John Soukeras, applicant, app red before the Planning Commission and stated had no objection to the recommended condition. Motion Ayes X X X X X X X Planning Commission approved Resubdivi 'on Appli- cation No. 412 subject to the following ndition: Absent X 1. That a parcel map be filed. Page 6. 9 October 11, 1973 Planning Commission Meeting October 18, 1973 Agenda Item No. A- CITY OF NEWPORT BEACH TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1566 (Amendment)(Continued Public Hearing) Request to permit the expansion of an existing restaurant with approved on -sale alcoholic beverages within 200 ft. of a residential district, and the approval of an off -site parking agreement for the required parking spaces. LOCATION: Portion of Lots 1 and 2, Block G, Tract 323, and a portion of a vacated alley southwest- erly of Lots 1 and 2, located at 440 Helio- trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly of East Coast Highway in Corona del Mar. (Pirates Inn) ZONE: C -1 APPLICANT: John E. Soukeras, Corona del Mar OWNER: Same as Applicant APPLICATION This application requests the expansion of an existing restaurant with approved on -sale alcoholic beverages within 200 ft. of a resi- dential district. In accordance with Section 20.08.030 of the Newport Beach Municipal Code, a use permit is required. This item was continued from the Planning Commission meeting of November 4, 1973, at the request of the applicant. ENVIRONMENTAL SIGNIFICANCE: This project has been reviewed, and it has been determined that it will not have any significant environmental impact. SUBJECT PROPERTY AND SURROUNDING LAND USE: The Pirates Inn Restaurant is located on the subject site. The first floor of the restaurant contains a patio and kitchen and dining room facilities. An office and restrooms are located on the second floor. To the north, across Heliotrope Avenue, is the three story Mutual Savings Building and related off- street parking facilities; to the east is the Port Theater; adjoining the theater to the south, on contiguous property owned by the applicant (Parcel 2, Resubdivision No. 412, Agenda Item A -8), is a paint store with an apartment above; to the south is a take -out restaurant; and to the west is a two story office - commercial building, and across Heliotrope Avenue, are single - family dwellings and duplexes (the nearest residence being approximately 100 ft. from the entrance of the restaurant). Item No. A -7 TO: Planning Commission - 2. BACKGROUND: At its meeting of September 3, 1964, the Planning Commission approved the serving of beer and wine in conjunction with a restaurant on the subject property (Use Permit No. 1067) for a period of one year. (Extensions have been approved through September, 1974.) The sale of alcoholic beverages within the restaurant was approved by the Planning Commission at its meeting of November 18, 1971 (Use Permit No. 1566), subject to the follow- ing conditions: Use Permit No. 1067 is hereby terminated with the consent of the applicant. 2. This approval shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. ANALYSIS: The applicant proposes to enlarge the existing restaurant as follows: Add a 900 sq.ft. cocktail lounge. 2. Install new restroom facilities on the first floor. 3. Enlarge the existing kitchen facilities. 4. Construct a new 450 sq.ft. storage room. RESUBDIVISION In order to accommodate the addition of the cocktail lounge and the storage facilities, the applicant proposes to adjust the common property line between the existing restaurant site and the paint store on the adjoining site to the east (Resubdivision No. 412 - Agenda Item A -B). OFF- STREET PARKING: There are no parking spaces on the subject property, and none were required when the restaurant was established in 1964. However, Section 20.08.191, B, 3., of the Newport Beach Municipal Code, which was subsequently added in 1969, states as follows: 3. ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10 %) of its original gross area in any one -year period, the property on which it is locatedshallbe made to comply with the parking requirements of subsection A of this section unless a waiver or reduction of said requirement is authorized by use permit." In lieu of seeking a reduction or waiver of parking, the applicant is proposing to provide parking for the entire restaurant at an off -site location. The occupancy of the existing restaurant is 38 persons, as determined by the Fire Department. The new cocktail lounge, with an area of approximately 900 sq.ft., will have an occupancy of approximately 60 persons (i.e., 15 sq.ft. of public area /person), and so the total occupancy of the building will be 98 persons. Item No. A -7 TO: Planning Commission - 3. Thirty -three (33) parking spaces will therefore be required with the expanded restaurant (i.e., one space for each three persons). The applicant has been given permission to utilize a parking lot containing 70 parking spaces during the evening hours, located at the easterly corner of Second and Goldenrod Avenues, approxi- mately 200 ft. from the restaurant (see attached parking agreement). The hours of operation of the restaurant are from 5:30 P.M. to 10:00 P.M., Sundays, and 5:30 P.M. to 11:00 P.M. on other days. The applicant does not propose to have the restaurant open during the breakfast or lunch hours. Staff feels that the parking arrange- ment is workable since the restaurant hours will not conflict with the main use of the parking lot which is during the normal business day. RECOMMENDATION: Staff feels that the proposed additions to the Pirates Inn Restau- rant will not be detrimental to the residential uses across Helio- trope Avenue, and recommends approval of Use Permit No. 1566 (amended) subject to the following conditions: 1. That development be in substantial conformance with the approved plot plan. 2. That the hours of operation of the restaurant shall be limited from 5:30 P.M. to 12:00 midnight, daily. 3. An off -site parking agreement,providing the required number of parking spaces for the operation as proposed, shall be approved by the City Council. 4. That all trash or storage shall be shielded from view within the building. 5. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That all applicable conditions of approval of Re- subdivision No. 412 be fulfilled. 7. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By WILLIAM R. LAYCOCC 4f Senior Planner WRL /kk Attachments: Vicinity Map Off- Street Parking Agreement Letters of Opposition Plot Plan Item No. A -7 i April 1, 1973 CDM PROPERTIES, LTD. 2845 E. Coast Highway Corona del Mar, California 92625 John Sourkeras Pirate's Inn 438 Heliotrope Avenue Corona del Mar, California 92625 Re: Use of parking lot at Goldenrod and 2nd Avenues, Corona del Mar Dear John: This is to confirm our verbal understanding concerning the use of our parking lot by your restaurant patrons Burin. the eveaine hours. You will agree to provide insurance coverage and hold harmless CDM Properties, Ltd., from any damage to person or property arising out of said patron's use of parking Lot. It is agreed that this arrangement shall be on an annual basis with a monthly rental of $75 per month commencing with the date of this Letter. Yours truly, CDM PROPERTIES, . I, TD. Fri,: O. Welton Gcnc r:a Partner :u 416 Heliotrope Corona del Mar, Calif. October 1, 1973 s W ` Reference: Use Permit 1566 Planning Commission City of Newport Beach Dear Sirs: This is a letter of protest against the expansion of the Cafe known as the Pirates Den, and also any relaxation of parking requirements. Since they now provide no on -site parking, I assume that they are already operating with a variance. Parking conG.itions are now already acute on Heliotrope between Pacific Coast Highway and First Avenue. Parking by residents more than consumes what is available on the street. Customer parking for this Cafe forces the problem deep into this residential neighborhood. ` Although commercially zoned, this property has frontage only on a residential street, Heliotrope. The closest residential unit is but 50 feet away. There are 14 residential units within 200 feet of the Cafe. Since there are "No left turns" allowed from Heliotrope or Iris, customers from this cafe now use the Alleys behind residential property for circulation. If the agreement for off -site parking is to use the parking behind ` the Savings and Loan /Office complex, I remind you that this is also less than adaquate for the Theatre parking now using same; and both of these ventures have peak needs at the same hours of the day. This is generally from 5PM til 1OPM. As to the increase in the serving of alcoholic beverage, this is merely a compounding of the problem; and not in the best interests of the health and welfare of this residential neighborY�6)o Very truly yours, 'PT L O re . r A Ptann;ng Commission City of Newport Beach 3300 Ncwport Blvd. Newport Beach, Calii'orma 92660 September 26, 1973 2322 Pacific Drive Corona del Mar, California 92625 SUBJECT: Use Permit 1566 - Oct. 4th Agenda Gcatic:nen: We wish to protest the granting of an amended Permit to allow the expansion of the existing restaurant (and approval for off -site parking) at 440 Heliotrope in Corona del Mar. The traffic burden in this area is already excessive. This is on a narrow residential side street .... two lane, which becomes one lane when cars on parked on either or both sides. This traffic situation is already a hazard to the community; there could be no valid excuse for contributing further to it. In addition, we feel that this would just be "adding insult to injury" by allowing this establishment to expand; it is located in a residential area with private residences less than 50' away. This is NOT in accordance with the master plan for the development of this area of Corona del Mar, which calls for do- emphasiration of the commercial in this area and development of the residential aspect. If you attempt to allow the two to mix, you'll only have a crummy representation of both residential and commercial elements; only by allowing it to develop to better :residential, can this area be upgraded. We feel that this request should definitely be denied. Yours very truly+ MI. & Mrs. John C. Davison 2322 Pacific Drive Corona del Mar, California P. S. We are also owners of 421 Iris in Corona del Mar, which is in close proximity to this establishment. ��r F� LAND LEASE THIS LEASE is made this tat _... day of— .March.. -- BETWEEN CDM PROPERTIES, LTD. . LESSOR (whether are or more), AND JOHN SOULCERAS - PIRATES INN RESTAURANT , LESSEE (whether one or more). LESSOR does hereby lease to LESSEE, and LESSEE hereby hires from LESSOR that certain lot of land and its appurtenances, described as: Parking lot located at 2nd & Goldenrod Aves. Corona del Mar Lots 2, 4, 6, B, 10 and 12 Block 534 Page 42 County of Orange r for the term of— ONE YEAR , commencing on the 1st day of March ., 19. 14, and ending on the Uth day of Feb. , 19 75 -, at the total rent or sum of Rine Hundred ------- --.-Dollars, _ _._Dollars, payable in installments as follows: $75.00 herewith and $75.00 on the first of each month for the duration of the lease. Lessee may, at his option, renew this lease .SI at the same rental for at least one additional year. LESSEE promises to quit and surrender the premises to LESSOR at the end of the term, in as good order and condition (reasonable use and wear thereof aid damage by the elements excepted), as the same are now or may be put into, and to pay the rent as above stated tot such further time as LESSEE may hold the same, and not to make or suffer any waste thereof, nor lease, nor sublease, nor permit any other person to occupy or improve the same, or make or suffer to be made, any alteration therein without the written consent of LESSOR. AND d any renfshall be due and unpaid, or if default shall be made in any of the cove : - facts herein contained, then it shall be lawful for LESSOR to re -enter the premises and to expel LESSEE, and at his option, to ,'•r, terminate Les lease. ;4 4Ci IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first above written. C D LCD. ` LESSEE �- 2845 I. CoasC Hnyv orrona del Mai . _ ADDRESS LESSEE ADDRESS sees•— .;,xn —wo oa: v ro w�ae yea seo This standard fom cover mast usual problems In Ine heitl oodi.todf Woey slgn ,ad it, in in al' o ni, and make changes proper to yaw transaction.. Connoo a lawyer I° you doubt the form's fnnnss for vnor numnses. DEC 23. laud By +hs CITY COU14CIL ITY OF OWPORT SEA City Council Meeting December 23, 1974 Agenda Item No. F -1 CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Pirates' Inn - Off -Site Parki December 23, 1974 reement On November 25, 1974, when the subject off -site parking agreement was initially reviewed by the City Council, the City Attorney was asked to give his opinion on whether or not the Applicant's rights had vested. I concluded that vesting had not occurred. This was based on the grounds that neither building permits had been issued nor construction commenced. It should be noted, however, that the Applicant has a valid use permit allowing expansion of the occupancy load for the Pirates' Inn Restaurant from 38 persons to 98 persons. The appeal period and the period within which the Council may on its own motion review this use permit has expired. One of the conditions attached to the use permit was City Council approval of an off -site parking agreement. Section 20.38.040 of the Municipal Code sets forth the factors to be considered when approving an off -site parking agreement. Those factors are: (a) proximity of the off -site parking lot to the use requiring the off -site lot; (b) whether using the off -site lot will create undue traffic hazards in the area; (c) that the off -site lot and the property making use of the off -site lot are in the same ownership or the owner of the property desiring to make use of the off -site lot has a sufficient leasehold interest in the off -site lot. (d) that the owner of the property desiring to use the off -site lot execute an agreement providing for the maintenance of the off -site lot for the duration of the use giving rise to the necessity for the off -site parking agreement. -1- The Honorable Mayor and Members of the City Council Page Two December 23, 1974 Assuming the Applicant can satisfactorily meet these criteria, it becomes incumbent on the Council to approve the off -site parking agreement. It would be improper to refuse approval of the off - site parking agreement based on grounds associated with the use permit. For example, the Council could not disapprove the off - site parking agreement on the grounds that there is opposition to expansion of the restaurant. This is a matter which should have been considered during the hearing on the use permit. As noted above, it appears that the Applicant's rights under the use permit have not vested; therefore, the use permit could be revoked. Under the Municipal Code, however, a use permit can be revoked only if any of the terms of the permit are violated, or if any law or ordinance is violated in connection therewith. DENNIS D. O'NEIL City Attorney DDO /bc cc: City Clerk Community Development Director DEC 23, / ?7�/ By the CITY COUNCIL 13Y OF K -WPORT BEACH December 19, 1974 FRED R. SMITH, M.D., F.A.C.S. TWENTY -EIGHT MONARCH BAY PLAZA, SUITE E LAGUNA NIGUEL, CALIFORNIA 92677 (714) 499-2214 OR (714) 496-SS73 DIPLOMATE AMERICAN BOARD OF SURGERY President, Newport Beach City Council 3300 Newport Blvd. Newport Beach, California Dear Sir: I understand the t Mr. John Soukeras is applying for the expansion of the Pirate's Inn in Corona del Mar, which would be a subject for discussion at the December 23, 1974, meeting. As a frequent patron of the Pirate's Inn, I find it a pleasant quiet place with excellent food and a well managed reservation system so that waiting is not a problem. The planned expansion v,iould allow Mr. Soukeras better, serve his expanding clientele. Because of Hs reservation system and his quiet persaial approach to restaurant management, I believe that there would be no significant increase in traffic, and certainly n o generation of noise. Although I am not a resident of Corona del Mar, I am in the area enough to appreciate an orderly growth and would strotc ly support the request for expansion. Sincerely yours, Fred R. Smith, M. D. )F0 23, '-%zf-z By the CITY COUNCIL CITY OF NEWPORT BEACH 02 --- -------- 17' z5 4La YL� 3 By +h,e CITY COUNCIL CITY OF NEWPORT BEACH �7C AL 1�4 CAL _ L--lL e Ct; fly DEC 2, / B the CITY COUNCIL Y ;ITV Cr } +,:VIpORT BEACH f r�� ( .t � {�i/IG�,AC •* {Q�.L <� �J j ` { Irc�t�.- 4_,1` -it/ �G"'fe��� j 11 zgL (lc r • Y/ f DEC 23, i9'7q By the CITY COUNCIL CITY OF K; W?OV BEACH i 9a 6a� ��, ti DEC 23, i9/V- ly At CITY COUNCIL December 17, 1974 Newport Beach City Council City Hall Newport Beach, Calif. SUBJECT: Use Permit - Pirate's Inn 440 Heliotrope - Corona del Mar Gentlemen: We very strongly oppose the expansion of the Pirate's Inn at 440 Heliotrope in Corona del Mar; as it already exists, they are operating in very nebulous circumstances ...... in a good residential area, where parking is already a horrendous problem. Cars attempting to find a parking place in the area use our alley as a thoroughfare to circle around and around. The drive -in cleaners utilizing the alley and Iris Street are, of course, already a hazard of great magnitude. The streets in this area are very narrow and usually it is impossible to even pass an oncoming car unless one of the cars pulls over to a driveway or intersection area; there is not even room for a lane of traffic in each direction when cars are parked on both sides. We strongly urge that you turn down their Application for expansion on the grounds that it would not only be a grave imposition on the rest of the property owners, but a eery, very real hazard to the general public as well. Let's not wait until some really grave accident happens before we attempt to remedy this already dangerous traffic situation! Besides that, the property tax payers deserve a little decent consideration.... let's do away with this "special interest" catering and start making decisions based on what is good for the MAJORITY of property owners! ! Yours very truly, Mr. ,& Mrs. John C. Davison 421 Iris Corona del Mar, Calif. 92625 ii DF-c 23 , 07,1 By the QfY COUNCIL -ITY OF W-rWPORT BEACH MUPIEL GRIFFITH, A- I. D. 506 ACACIA OE 23, By fhe CITY Codi 714 673-7492 DEL MAP, CALIFOPNIA 92625 4? < L)I- By fFe C) Y COUNCIL 4V illli . G. Fisk 331 North Mission Drive San Gabriel, Galilornia 91775 necember 18, 1974 Newport City Council / � 33 w j' 00 Newport Blvd. -I Newport Beach, California Gentlemen: we are not in favor of the issuance of the Dermit for non - contiguous parking - off street parking for the Pirate's Den - 433 -440 Heliotrope, Corona del Mar. Street parking at this location is not in the best interest of the residents in this area. Street narking is already a.ccessive End additional parking would only cause more congestion. I haveowned 435 Heliotrope and 436 Goldenrod, Corona del Mar for many years and due to this restaurant, have seen parking worsen until it is almost impossible to park any where near our houses. I also was against the issuance of liquor license to increase this business as it most certainly is not 200ff. from residences. Sincerely, Mr. & Mrs. G711liam G. Fisk A MESSAGE '.3 97/ , By the CITY COUNCIL TY O, On Monday, December 23rd, the Restaurant known as the PIRATE'S DEN at 438 -40 Heliotrope will appear before the Newport Beach City Council for the approval of a Use Permit to provide non- contiguous off- street parking that, if approved, will allow the expansion of the facility from the present 38 person capacity to 98 persons. This restaurant is presently operating on a non - conforming Use Permit, since it provides no on -site parking and serves alcoholic beverages within 200 feet of a residential district. The Use Permit will be approved if the Council agrees that some additional parking located 200 feet from the restaurant at 2nd Avenue and Goldenrod is a satisfactory provision. Many of your neighbors feel that any expansion of commercial use at this .Location is not in the best interests of the adjacent residential property because. 1. The present street parking in this vicinity is already excessive. 2. The existing traffic patterns on Goldenrod, Heliotrope, Iris, 1st and 2nd. Avenues are poor and not in the best interests of the health, safety and welfare of the residents. (The alley between Heliotrope and Iris is used as a circulation and drive- through to another commercial establishment.) If you would prefer that this application be denied, you should contact the Newport Beach City Council at 3300 Newport Blvd., Newport Beach, California by mail, by telephone 673 -2110, or by your appearance at the hearing. ,t i ,t y,. v ,41 �'; i i. ✓� 1 nr.� Vy n. .L 7 � p k J "jf i On Monday, December 23rd, the Restaurant known as the PIRATE'S DEN at 438 -40 Heliotrope will appear before the Newport Beach City Council for the approval of a Use Permit to provide non- contiguous off- street parking that, if approved, will allow the expansion of the facility from the present 38 person capacity to 98 persons. This restaurant is presently operating on a non - conforming Use Permit, since it provides no on -site parking and serves alcoholic beverages within 200 feet of a residential district. The Use Permit will be approved if the Council agrees that some additional parking located 200 feet from the restaurant at 2nd Avenue and Goldenrod is a satisfactory provision. Many of your neighbors feel that any expansion of commercial use at this .Location is not in the best interests of the adjacent residential property because. 1. The present street parking in this vicinity is already excessive. 2. The existing traffic patterns on Goldenrod, Heliotrope, Iris, 1st and 2nd. Avenues are poor and not in the best interests of the health, safety and welfare of the residents. (The alley between Heliotrope and Iris is used as a circulation and drive- through to another commercial establishment.) If you would prefer that this application be denied, you should contact the Newport Beach City Council at 3300 Newport Blvd., Newport Beach, California by mail, by telephone 673 -2110, or by your appearance at the hearing. ,t i ,t y,. v ,41 �'; i i. ✓� 1 nr.� Vy n. .L 7 � p A MESSAGE. DEC 23 14i-)V By the UI'Y COUNCIL .,! "Y 4: BEAC�i RESIDENTS: f'. On Monday, December 23rd, the Restaurant known as the PIRATES DEN at 438 -40 Heliotrope will appear before the Newport Beach City Council for the approval of a Use Permit to provide non- contiguous off - street parking that, if approved, will allow the expansion of the facility from the present 38 person capacity to 98 persons. This restaurant is presently operating on a non - conforming Use Permit, since it provides no on -site parking and serves alcoholic beverages within 200 feet of a residential district. The Use Permit will be approved if the Council agrees that some additional parking located 200 feet from the restaurant at 2nd Avenue and Goldenrod is a satisfactory provision. Many of your neighbors feel that any expansion of commercial use at this Location is not in the best interests of the adjacent residential property because: 1. The present street parking in this vicinity is already excessive. 2. The existing traffic patterns on Goldenrod, Heliotrope, Iris, 1st and 2nd Avenues are poor and not in the best interests of the health, safety and welfare of the residents. (The alley between Heliotrope and Iris is used as a circulation and drive- through to another commercial establishment.) If you would prefer that this application be denied, you should contact the Newport Beach City Council at 3300 Newport Blvd., Newport Beach, California by mail, by telephone 673 -2110, or by your appearance at the hearing. l�Vl7 /7'/ — City Council Meeting November 25, 1974 Agenda Item No. H -2(h) CITY OF NEWPORT BEACH November 21, 1974 DEC 23, /�Icl By the C!TY COUNCIL CITY OF ;r' &::,vaaRT 6a4ce' TO: City Council FROM: Department of Community Development SUBJECT: Off -Site Parkin Agreement in Conjunction with the Enlar ement of the Pirates'Inn Restaurant Use Permit NOW 1715 LOCATION: Restaurant - Portions of Lots 1 and 2, Block G, Tract 323, and a portion of a vacated alley southwesterly of Lots 1 and 2; located at 440 Helio- trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly of East Coast Highway in Corona del Mar. Off -Site Parking Lot - Lots 2, 4, 6, 8, 10 and 12, Block 534, Corona del Mar Tract, located at the southeast corner of 2nd Avenue and Goldenrod Avenue. ZONE: Restaurant - C -1 Off -Site Parking Lot - R -2 APPLICANT: John E. Soukeras, Corona del Mar Application This application requests approval of an off -site parking agreement in conjunction with the expansion of an existing restaurant. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off- street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common 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 lease- hold interest of a duration adequate to serve all pro- posed 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 instru- ments, 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 TO: City Council - 2. 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 De- partment of Community Development. Background and Planning Commission Recommendation At its meeting of October 18, 1973, the Planning Commission took action (6 Ayes, 1 Absent) to approve an amendment to Use Permit No. 1566 which permits the expansion of an existing non - conforming restaurant with on -sale alcoholic beverages within 200 ft. of a residential district. In addition, the Commission also approved the request of the applicant to utilize an existing off -site office parking lot at the corner of 2nd Avenue and Goldenrod Avenue during the evening hours in lieu of seeking a reduction or waiver of the restaurant's entire parking requirement as provided for under Section 20.08.191, B, 3., of the Newport Beach Municipal Code. As noted in the Planning Commission staff report, the existing non- conforming restaurant has an occupant load of 38 persons and a parking requirement of 13 spaces. With the proposed 900 sq.ft. expansion, the enlarged restaurant will have an occupant load of 98 persons and a parking requirement of 33 spaces. The proposed off -site parking lot has a capacity of 70 spaces, which is far in excess of the restaurant's parking requirement; is located within a reasonable distance of the site (200 ft. ±), so as to be used by the restaurant's patrons; and is available during the hours when the restaurant is in operation and the other businesses are closed. Suggested Action If desired, adopt resolution authorizing the execution of an off - site parking agreement between the City of Newport Beach and John C. Soukeras (Pirate's Inn). Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director AM S D. HEWICKER `Ass stant Director - Planning JDH /kk Attachments for City Council Only: Vicinity Map Excerpt of Planning Commission minutes dated October 18, 1973. Planning Commission staff report dated October 11, 1973, with attachments RESTAURRN 1 OFF -SITE ?P2KIMC- EMSTIUG RESTAUR.q&7F fi t R ry 2 n P,4N Al q fl2 fl-2 I1 R��2'j' P2 V O j 'R�2 R4 j NP�2 R2 � >ECONO Ale CI flt R2' CI H �,Y y9Y R2 G CI p9r✓E uP3 I R�2 Q R4 Pe Q I — " C COMMISSIONERS - CITY OF NEWPORT u.:ACH 1 m m Z MINUTES tots CAL ,�"\1p1A1,t' October 18, 1973 rnvex Initiated by: The City of Newport Beach Community Development Director Hogan commented T�t motel use in the A -P District and stated this w be a proper use and an amendment to the A -P Dis !could be instituted to cover the motel use. i Public hearing was opened in connection with this matter. The following persons appeared in opposition to any change in zone as they felt that the property j ne.rs were beginning to improve the area now that "cloud th of the proposed freeway had been lifted'; also, the area no longer lends itself to the med- j ica1 p fession because Newport Boulevard separates the area from Hoag Hospital: j !. Don Mc rty, Attorney representing Mr. Vogel and Mr. Lavag 'no; Lars Lava\poperty Arthur St Drive; John Voge Dustin O' owner on Newport Boulevard; Al IrwinBill ! Johntronic Doors; June Farrar Johnson; jDr. i Miner. !There being no others desiring to Dear and be i 'heard, the public hearing was close (Planning Commission discussed lot sizes f the 'various properties; the possibility of co sidering a Specific Area Plan rather than changing t e zone; j and questioned the possibility of the area revert-. i ling back to medical uses. .Motion i X Following discussion, motion was made that Amend - Ayes I IX X;X;X X�X ment No. 391 be withdrawn, that the staff consider Absent X a Specific Area Plan for the area, and that the General Plan be re- examined in order to bring it - linto line with the present trend of commercial uses. Item A -7 (Request to permit the expansion of an existing USE PERM' Irestaurant with approved on -sale alcoholic Lever- N0. 1556 ages within 200 feet of a residential district, I AMEND._)_ and the approval of an off -site parking agreement ,for the required parking spaces. APPROV D CONDI- I Page 4. TI�LY COMMISSIONERS CITY OF NEWPORT CEt:ACH `Z,p1p1Z'1 MINUTES tnu cell , October 18. 1973 - -- -- INDEX Location: Portion of Lots 1 and 2, Block G, Tract 323, and a portion of a vacated alley southwesterly of Lots.l and 2, located at 440 Helio- trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly i of East Coast Highway in Corona del Mar. (Pirates Inn) Zone: C -1 Applicant: John E. Soukeras, Corona del Mar Owner: Same as applicant Public hearing was opened in connection with this matter. John Soukeras, applicant, appeared before the Planning Commission and stated he had no objection to the recommended conditions. Steven Matchupa, property owner at 433 Heliotrope, appeared before the Planning Commission and voiced concern over parking in the area. Larry Kerr, 437 Heliotrope, appeared before the Commission, commented on parking, and suggested that a sign be posted indicating the location of parking for the restaurant. There being no others desiring to appear and be heard, the public hearing was closed. Motion X X X Following discussion, Planning Commission approved .Ayes X X X X the amendment to Use Permit No. 1566 subject to Absent X the following conditions: 1. That development be in substantial conformance with the approved plot plan. 2. That the hours of operation of the restaurant shall be limited from 5:30 P.M. to 12:00 mid- night, daily. 3. An off -site parking agreement, providing the required number of parking spaces for the operation as proposed, shall be approved by the City Council. 4. That all trash or storage shall be shielded fr m view within the building. Page 5. COMMISSIONERS - CITY OF NEWPORT is -LACH gnu rei `m`m`�`P1P1T1<I October 18, 1973 MINUTES 5. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That all applicable conditions of approval of Resubdivision No. 412 be fulfilled. 7. The approval for the sale of alcoholic bever- i ages in the expanded restaurant shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. i 8. That a sign indicating the location and availability of the offstreet parking spaces i be posted on the outside of the restaurant. Item A-8 RESUB- Request to combine portions of Lots into two parcels. DIVISION N 2 � Location: Portion of Lots 1 and 2, Block G, Tract 323, and a portion of a APPROVED vacated alley southwesterly of CONDI- Lots 1 and 2, located at 440 Helio- TTUNALLY trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly i � of East Coast Highway, g y, in Corona i del Mar. Zone: C -1 Applicant: hn E. Soukeras, Corona del Mar Owner: same �s� Ayplicant Engineer: John K. M drell John Soukeras, applicant, app red before the Planning Commission and stated shad no objection to the recommended condition. Motion •X Planning Commission approved Resubdivi on Aopli- Ayes X X X X X X cation No. 412 subject to the following ., ndition: Absent X 1. That a parcel map be filed. Page 6. Planning Commission Meeting October 18, 1973 Agenda Item No. CITY OF NEWPORT BEACH October 11, 1973 TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1566 (Amendment)(Continued Public Hearing) APPLICATION: This application requests the expansion of an existing restaurant with approved on -sale alcoholic beverages within 200 ft, of a resi - dential district. In accordance with Section 20.08.030 of the Newport Beach Municipal Code, a use permit is required. This item was continued from the Planning Commission meeting of November 4, 1973, at the request of the applicant. ENVIRONMENTAL SIGNIFICANCE: This project has been reviewed, and it has been determined that it will not have any significant environmental impact. SUBJECT PROPERTY AND SURROUNDING LAND USE: The Pirates Inn Restaurant is located on the subject site. The first floor of the restaurant contains a patio and kitchen and dining room facilities. An office and restrooms are located on the second floor. To the north, across Heliotrope Avenue, is the three story Mutual Savings Building and related off - street parking facilities; to the east is the Port Theater; adjoining the theater to the south, on contiguous property owned by the applicant (Parcel 2, Resubdivision No. 412, Agenda Item A -8), is a paint store with an apartment above; to the south is a take -out restaurant; and to the west is a two story office- commercial building, and across Heliotrope Avenue, are single - family dwellings and duplexes ;the nearest residence being approximately 100 ft. from the entrance of the restaurant). Item No. A -7 Request to permit the expansion of an existing restaurant with approved on -sale alcoholic beverages within 200 ft. of a residential district, and the approval of an off -site parking agreement for the required parking spaces. LOCATION: Portion of Lots 1 and 2, Block G, Tract 323, and a portion of a vacated alley southwest- erly of Lots 1 and 2, located at 440 Helio- trope Avenue, on the southeasterly side of Heliotrope Avenue, westerly of East Coast Highway in Corona del Mar. (Pirates Inn) ZONE: C -1 APPLICANT: John E. Soukeras, Corona del Mar OWNER: Same as Applicant APPLICATION: This application requests the expansion of an existing restaurant with approved on -sale alcoholic beverages within 200 ft, of a resi - dential district. In accordance with Section 20.08.030 of the Newport Beach Municipal Code, a use permit is required. This item was continued from the Planning Commission meeting of November 4, 1973, at the request of the applicant. ENVIRONMENTAL SIGNIFICANCE: This project has been reviewed, and it has been determined that it will not have any significant environmental impact. SUBJECT PROPERTY AND SURROUNDING LAND USE: The Pirates Inn Restaurant is located on the subject site. The first floor of the restaurant contains a patio and kitchen and dining room facilities. An office and restrooms are located on the second floor. To the north, across Heliotrope Avenue, is the three story Mutual Savings Building and related off - street parking facilities; to the east is the Port Theater; adjoining the theater to the south, on contiguous property owned by the applicant (Parcel 2, Resubdivision No. 412, Agenda Item A -8), is a paint store with an apartment above; to the south is a take -out restaurant; and to the west is a two story office- commercial building, and across Heliotrope Avenue, are single - family dwellings and duplexes ;the nearest residence being approximately 100 ft. from the entrance of the restaurant). Item No. A -7 I Planning Commission - 2. BACKGROUND: At its meeting of September 3, 1964, the Planning Commission approved the serving of beer and wine in conjunction with a restaurant on the subject property (Use Permit No. 1067) for a period of one year. (Extensions have been approved through September, 1974.) The sale of alcoholic beverages within the restaurant was approved by the Planning Commission at its meeting of November 18, 1971 (Use Permit No. 1566), subject to the follow- ing conditions: Use Permit No. 1067 is hereby terminated with the consent of the applicant. 2. This approval shall be for a two year period from the effective date of this action; and any request for extension shall be acted upon by the Modifications Committee. ANALYSIS: The applicant proposes to enlarge the existing restaurant as follows: Add a 900 sq.ft. cocktail lounge. 2. Install new restroom facilities on the first floor. 3. Enlarge the existing kitchen facilities. 4. Construct a new 450 sq.ft. storage room. SUBDIVISION: In order to accommodate the addition of the cocktail lounge and the storage facilities, the applicant proposes to adjust the common property line between the existing restaurant site and the paint store on the adjoining site to the east (Resubdivision No. 412 - Agenda Item A -8). - STREET PARKING: There are no parking spaces on the subject property, and none were required when the restaurant was established in 1964. However, Section 20.08.191, B, 3., of the Newport Beach Municipal Code, which was subsequently added in 1969, states as follows: "3. ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10 %) of its original gross area in any one -year period, the property on which it is locatedshall be made to comply with the parking requirements of subsection A of this section unless a waiver or reduction of said requirement is authorized by use permit." In lieu of seeking a reduction or waiver of parking, the applicant is proposing to provide parking for the entire restaurant at an off -site location. The occupancy of the existing restaurant is 38 persons, as determined by the Eire Department. The new cocktail lounge, with an area of approximately 900 sq.ft., will have an occupancy of approximately 60 persons (i.e., 15 sq.ft, of public area /person), and so the total occupancy of the building will be 98 persons. Item No. A -7 TO: Planning Commission - 3. Thirty -three (33) parking spaces will therefore be required with the expanded restaurant (i.e., one space for each three persons). The applicant has been given permission to utilize a parking lot containing 70 parking spaces during the evening hours, located at the easterly corner of Second and Goldenrod Avenues, approxi- mately 200 ft. from the restaurant (see attached parking agreement). The hours of operation of the restaurant are from 5:30 P.M. to 10:00 P.M., Sundays, and 5:30 P.M. to 11:00 P.M. on other days. The applicant does not propose to have the restaurant open during the breakfast or lunch hours. Staff feels that the parking arrange- ment is workable since the restaurant hours will not conflict with the main use of the parking lot which is during the normal business day. RECOMMENDATION: Staff feels that the proposed additions to the Pirates Inn Restau- rant will not be detrimental to the residential uses across Helio- trope Avenue, and recommends approval of Use Permit No. 1566 (amended) subject to the following conditions: That development be in substantial conformance with the approved plot plan. 2. That the hours of operation of the restaurant shall be limited from 5:30 P.M. to 12:00 midnight, daily. 3. An off -site parking agreement,providing the required number of parking spaces for the operation as proposed, shall be approved by the City Council. 4. That all trash or storage shall be shielded from view within the building. 5. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development. 6. That all applicable conditions of approval of Re- subdivision No. 412 be fulfilled. 7. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by the Modifications Committee. The extension of the original Use Permit No. 1566 is hereby terminated. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By WILLIAM R. LAYCOCX e Senior Planner WRL /kk Attachments: Vicinity Map Off- Street Parking Agreement Letters of Opposition Plot Plan Item No. A -7 .CDM PROPERTIES, LTD. 2845 E. Coast Highway Corona del Mar, California 92625 April L, 1973 John Sourkeras Pirate's Inn 438 Heliotrope Avenue Corona del Mar, California 92625 Re: use of parking lot at Goldenrod and 2nd Avenues, Corona del Mar Dear John: This is to confirm our verbal understanding concerninj the use of our parking lot by your restaurant patrons a ria: tor. evening hours. You will agree to provide insurance coverage and hoid harmless CDM Properties, Ltd., from any damage to person or property arising oat of said patron's use of parking Let. It is a ^ -,rced that this arrangement shall be on an annual basis with a monthly rental of $75 per month commencing with the date of this !.enter. Yours truly, CDM " ROPERTIES,. LTD. / Eric O, UeLton f,CnCI:HL Partner S^ I �r Planning Commission City of Newport Beach Dear Sirs: 416 Heliotrope Corona del Mar, Calif. October 1, 1973 Reference: Use Permit 1566 This is a letter of protest against the expansion of the Cafe known as the Pirates Den, and also any relaxation of parking requirements. Since they now provide no on -site parking, I assume that they are already operating with a variance. Parking con+�itions are now already acute on Heliotrope between Pacific Coast Highway and First Avenue. Parking by residents more than consumes what is available on the street. Customer parking for this Cafe forces the problem deep into this residential neighborhood. \ Although commercially zoned, this property has frontage only on a residential street, Heliotrope. The closest residential unit \ is but 50 feet away. There are 14 residential units within 200 feet of the Cafe. Since there are "No left turns" allowed from Heliotrope or Iris, customers from this cafe now use the Alleys behind residential property for circulation. ^ If the agreement for off -site parking is to use the parking behind ` the Savings and Loan /Office complex, I remind you that this is also less than adaquate for the Theatre parking now using same; and both of these ventures have peak needs at the same hours of the day. This is generally from 5PM til 1OPM. As to the increase in the serving of alcoholic beverage, this is merely a compounding of the problem; and not in the best interests of the health and welfare of this residential neighb Very truly yours, � or H 4iF�rc. -C� :\ ti o,v ril Q `vim ii��j Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 September 26, 1973 2322 Pacific Drive Corona del Mar, California 92625 SUBJECT: Use Permit 1566 - Oct. 4th Agenda i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JOHN E. SOUKERAS, IN CONNECTION WITH THE PIRATES INN RESTAURANT 7REAS, there has been presented to the City Council of the City oo Newport Beach a certain agreement between the City of Newport Beach and John E. Soukeras, in connection with the Pirates Inn staurant; and WHEREAS, t e City Council has considered the terms and conditions of said o£f -site parking agreement and found them to be fair and equ table, and in the best interests of the City; NOW, THEREFORE, \an RESOLVED by the City Council of the City of Newport Beat said off -site parking agreement above described roved, and the Mayor and City Clerk are hereby authorizedirected to execute t he same on behalf of the City of N Beach. ATTEST: City Clerk ADOPTED this 25th daV of November , 1974. DDO /bc 11/19/74