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
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enc.
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City Hall
3300 W. Newport Blvd.
Area Code 714 -
640 -2251
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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
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111AAAMMM sIF .y.^ No. /e
- -- DISTRICTING MAP
NEWPORT REACH — CALIFORNIA
SSMCYLTYIIM. MYL *I,L[ M[LD[nn.L
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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.
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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•—
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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
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CITY OF NEWPORT BEACH
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DEC 23, i9'7q
By the CITY COUNCIL
CITY OF K; W?OV BEACH
i
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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.
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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.
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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