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HomeMy WebLinkAboutC-1932 - Off-site parking agreementMay 18, 1977 City Councilfteting May 23, 1977 Agenda Item No. H -2(f) CITY OF NEWPORT BEACH TO: City Council FROM: Department of Community Development SUBJECT: 4 #f- itig':Agreeient _Red tiny:sl -1 24069Newport Boulevard, Balboa Peninsula Application Q.., - lC(_�1. This application requests approval of an off -site parking agreement in connection with the expansion of the Red Onion Restaurant (Use Permit No. 1581 Amended). 3-QAj3 bQ-i410_40 Suggested Action If desired, approve authorization for the Mayor and City Clerk to execute an off -site parking agreement between the City of Newport Beach and Mrs. Jean Belden in connection with the remodel and expan- sion of an existing restaurant facility (The Red Onion) located at 2406 Newport Boulevard, Balboa. Planning Commission Recommendation On May 5, 1977, the Planning Commission voted (3 Ayes, 2 Noes, 2 Absent) to approve Use Permit No. 1581 (Amended) subject to several findings and conditions (see attached minutes). Condition No. 2 required that: 2. An off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of seven parking spaces shall be provided on Lot 12, Block 223, Section A, Newport Beach, for at least five 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. Analysis The approved addition to the restaurant consists of 185 sq.ft. of net public area. This addition would require the addition of seven park- ing spaces. . The applicant proposes to provide the additional spaces on the property immediately to the west of the restaurant property. The owner of that property has indicated, by letter, his willingness to enter into a five year lease for the additional spaces. If the City Council approves this off -site parking agreement, the City Attorney's Office will require a formal lease. A copy of the Planning Commission staff report, containing a full analysis of the proposed addition, is attached. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By /./"o 2 C-444 WILLIAM R. Fgl"4 Environmental Coordinator WRF /kk Attachments for City Council Only: (Over). T0: City Council - 2. 1) Excerpt of Planning Commission minutes of May 5, 1977 (draft). 2) Planning Commission staff report with attachments - Vicinity Map and letter from Trautwein Brothers 3) Plans for expansion will be posted at the hearing. COMMISSIONERS 9aF of p0'f• ,pF S� �� w�R O2 �1 �J u City of Newport Beach Mav 5. 1977 ON MINUTES ROLL C INOEX. 3. iveways shall be provided in front of the garag rmits shall be secured from the City Council 1 dance with the City's Driveway Approach Policy. Item #8 Request to remodel and expand the second floor of USE PERMI the Red Onion Restaurant facility, and the N acceptance of an offsite parking agreement for D D the required additional parking spaces. APPROVED Location: Parcel 1 of Parcel Map 57 -25 CCFNDT -'— (Resubdivision No. 375) located at TYUMLY 2406 Newport Boulevard, on the easterly side of Newport Boulevard, southerly of 26th Street on the Balboa Peninsula. Zones: C -1 and C -2 Applicant: Red Onion, Newport Beach Owner: Mrs. Jean Belden, Newport Beach Public hearing was opened in connection with this matter. Lyle Galloway, Architect, appeared before the Commission on behalf of the applicant and answered questions in connection with the request. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Agee voiced concern with respect to allowing the additional net public area based on the off -site parking.agreement which could be terminated at the end of the 5 -year period and felt that the separation between the bar and dining areas could be accomplished without the addition of more net public area. Planning Commission discussed length of leases with respect to off -site parking agreements and, reconversions which must be made should the off - site parking be lost. Page 13. 0 0 COMMISSIONERS es�1k; ;� City of Newport Beach �Dy Maw q,_ 1Q77 DRAFt ROLL CALL Motion X Motion was made that Planning Commission make th following 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 is categorically exempt from the requirements of the California Environmental Quality Act. 3. The Police Department has indicated that the do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in conjunction with the proposed remodeling and expansion of the Red Onion Restaurant facility. 5. The offstreet parking spaces for the expande restaurant on a separate lot from the buildi site is justifiable for the following reasor a. The off -site lot adjoins the restaurant site and will be easily accessible. b. Open storage now exists on the Trautweir property where the off -site parking aree is to be located, and so no existing parking spaces will be utilized for the restaurant use. c. The proposed development will not treat( undue traffic hazards in the adjoining area.. d. The City Traffic Engineer has approved the proposed parking layout. e. The applicant has been authorized to utilize the off -site parking area for a, least five years. 6. The approval of Use Permit No. 1581 (Amender will not, under the circumstances of this c+ be detrimental to the health, safety, peace morals, comfort and general welfare of persi residing and working in the neighborhood or detrimental or injurious to property or .improvements in the neighborhood or the general welfare of the City. Page 14. MINUTES e y d ng s: i) Is In b INOLX COMMISSIONERS I ROLL CALL +yes !oes Absent 0 0 City of Newport Beach MINUTES May 5, 1977 CRAFT and approve the amendment to Use Permit No. 1581, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 7 parking spaces shall be provided on Lot 12, Block 223,-Section A, Newport Beach, for at least five 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. 3. That the off -site parking area shall be paved with asphalt, concrete, or other street sur- facing material of a permanent nature. Said parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 4. Wheel stops shall be provided in the off -site parking area so as to keep parked automobiles from damaging the proposed 6 foot high fence that will be constructed between the restau- rant site and the adjoining Trautwein propert A parking attendant (or attendants) shall be provided during all hours of operation of the Red Onion Restaurant facility. Commissioner Hummel voiced concern with the length of the lease for the off -site parking, however, he felt that the need for additional space on the second floor of the restaurant, as well as the desirability to separate the bar and dining area, warranted approval. He further commented that should the off -site parking be terminated, the Municipal Code provided that other arrangements be made for parking or the public area be reduced in size. Commissioner Seely commented on his reluctance to approve a request which may be deferring recognition of a parking problem which exists. Following discussion, the motion was voted on and carried. INDdX 0 0 Planning Commission Meeting May 5, 1977 CITY OF NEWPORT BEACH April 28, 1977 Item No. 8 TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1581 (Amended) (Public Hearing) Request to remodel and expand the second floor of the Red Onion Restaurant facility, and the acceptance of an offsite parking agreement for the required addi- tional parking spaces. LOCATION: Parcel 1 of Parcel Map 57 -25 (Resubdivision No. 375) located at 2406 Newport Boulevard, on the easterly side of Newport Boulevard, southerly of 26th Street on the Balboa Peninsula. ZONES: C -1 and C -2 APPLICANT: Red Onion, Newport Beach OWNER: Mrs. Jean Belden, Newport Beach Application This application is a request to amend previously approved use permits that allowed the construction of the Red Onion Restaurant facility with on -sale alcoholic beverages, live entertainment and valet,parking so as to remodel and expand the second floor of the existing commercial use. In accordance with Sections 20.35.020 (a) and 20.36.025 (a), restaurants shall be permitted in the C -1 and C -2 Districts, subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. This application also requests approval of an off -site parking agree- ment for a portion of the required parking spaces in conjunction with the expanded restaurant facility. 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 instruments, approved as to form and content by the City Attorney, pro- viding 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 addi- tional use be proposed, the off - street parking regulations Item No. 8 0 0 TO: Planning Commission - 2. applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Environmental Significance An environmental document was accepted by the Planning Commission in conjunction with the approval of the existing Red Onion Restaurant facility on the site. It was determined that the project would not create any long -term adverse environmental impacts other than a minor increase in traffic. The proposed development has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirement of the California Environ- mental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Recreational and Marine Commercial" and "General Industrial" uses. The existing and proposed development fall within the uses permitted. The area is also designated for a Specific Area Plan. Subject Parking and Surrounding Land Use The Red Onion Restaurant facility and related offstreet parking spaces are located on the site. To the north is the Trautwein and Associates boat yard and marine service complex (and the location of the proposed offsite parking spaces in conjunction with the expanded Red Onion Restaurant); to the east, is The Rhine; to the south, is Woody's Wharf Restaurant facility; and to the west, across Newport Boulevard, is a municipal parking lot. Background At its meeting of February 17, 1972, the Planning Commission denied Use Permit No. 1581 to permit valet parking and to consider boat slips in lieu of automobile parking spaces in conjunction with a proposed Red Onion Restaurant facility on the subject property. The applicant then reduced the size of the proposed restaurant use and redesigned the offstreet parking lot so as to eliminate tandem parking spaces and the need for valet parking. On December 21, 1972, the Planning Commission approved Use Permit No. 1581 (Amended) that permitted the redesigned restaurant facility with on -sale alcoholic beverages and live entertainment, and accepted an environmental document in conjunction with the proposed development. One of the conditions of approval was that the restaurant be designed in such a way as to limit the occupancy load to 102 persons. The permitted occupancy load would have required 34 offstreet parking spaces based on the restaurant parking standards which existed at that time (i.e. one parking space for each 3 occupants). Prior to construction of the restaurant, the property owner requested the approval of a revised parking layout which would provide 43 parking spaces and require a full time parking attendant. The purpose of the request was to increase the second floor dining area by approximately 410 sq. ft. and allow an increase in the occupant load from 102 persons to 129 persons. At its meeting of September 6, 1973, the Planning Commission approved Use Permit No. 1581 (Amended) which is the permit under which the restaurant is currently operating. Under this permit the applicant is required to provide valet parking and is permitted to occupy the second floor outdoor terrace so long as the total seating and occupancy, including lobby and terrace does not exceed 129 persons. Analysis The applicant now proposes to further remodel and expand the second floor of the existing restaurant complex. The proposed development consists of the following: 1. The existing open second floor terrace will be enclosed so that the public area may also be utilized during inclement weather. The proposed greenhouse glass enclosure will also act as a sound barrier for the existing live entertainment on the second floor. Item No. 8 0 0 TO: Planning Commission - 3. 2. An oyster and snack bar is proposed to be installed on the second floor in a portion of an area now occupied by an office. 3. The cocktail lounge is proposed to be expanded by approximately 185 sq. ft. adjacent to the live entertainment area. However, the exterior walls of the existing structure will not be revised in conjunction with the additional public area. The proposed addition will only cover a portion of an existing two story opening at the second floor level. 4. Glass is proposed to be installed in the remaining portion of the two story opening so as to confine the live entertainment to the second floor of the building. 5. An existing shower stall will be removed from a private restroom on the second floor so as to provide additional space in the redesigned office area. Additional Parking Requirements Approximately 185 sq. ft. of "net public area" is being added to the existing restaurant facility. The proposed addition constitutes approximately 8 percent of the existing "net public area" of 2,278 sq. ft. ±. Section 20.30.030 B (3) of the Newport Beach Municipal Code provides that when a nonconforming use is enlarged by more than 10 percent of its existing area, the property on which it is located shall be required to comply with the current parking requirements, unless a waiver of reduction of said requirement is authorized by use permit. However, the Municipal Code further provides that when the enlargement of nonconforming use is less than 10 percent of the original area, the required parking shall be based only upon the additional area. Therefore, in this case, additional parking is only required for the additional "net public area" in the restaurant facility. Five (5) parking spaces would be required for the additional floor area under the City's basic parking standard of one parking space for each 40 sq. ft. of "net public area." However, the parking standards could vary from 4 parking spaces (i.e. one parking space for each 50 sq. ft. of "net public area ") to 7 parking spaces (i.e. one parking space for each 30 sq. ft. of "net public area "). Staff is of the opinion that one parking for each 40 sq. ft. of "net public area" is adequate for the proposed addition, since no dancing exists or is proposed in the subject restaurant facility. Proposed Off -site Parking Spaces The applicant has been permitted to utilize approximately 1,200 sq. ft. of land for 7 tandem off -site parking spaces on the Trautwein and Associates site, directly north of the restaurant property. Seven offsite parking spaces are proposed, since two of the required on -site spaces (i.e. space Nos. 35 and 36 on the attached plot plan) will be removed to provide access and better vehicular maneuverability as required by the City Traffic Engineer. Access to the subject off -site parking spaces will be directly from the restaurant site. A portion of a solid fence between the two properties will be removed and a new 6 -foot high fence will be constructed around the off -site .parking area so that it will physically become a part of the restaurant site. Staff feels that the proposed off -site parking spaces will be useful in conjunction with the proposed restaurant development. A parking attendant will also be on duty during all hours of operation of the restaurant to park automobiles in the tandem spaces. 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 neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Item No. 8 0 TO: Planning Commission - 4. Staff recommends approval of Use Permit No. 1581 (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 is categorically exempt from the requirements of the California Environmental Quality Act. 3. The Police Department has indicated that they do not con- template any problems. 4. Adequate offstreet parking spaces are being provided in conjunction with the proposed remodeling and expansion of the Red Onion Restaurant facility. 5. The offstreet parking spaces for the expanded restaurant on a separate lot from the building site is justifiable for the following reasons: a. The off -site lot adjoins the restaurant site and will be easily accessible. b. Open storage now exists on the Trautwein property where the off -site parking area is to be located, and so no existing parking spaces will be utilized for the restau- rant use. c. The proposed development will not create undue traffic hazards in the adjoining area. d. The City Traffic Engineer has approved the proposed parking layout. e. The applicant has been authorized to utilize the off - site parking area for at least five years. 6. The approval of Use Permit No. 1581 (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 or improvements in the neighborhood or the general welfare of the City. Approval of Use Permit No. 1581 (Amended) is therefore recommended, subject to the following conditions of approval: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 7 parking spaces shall be provided on Lot 12, Block 223, Section A, Newport Beach, for at least five 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. 3. That the off -site parking area shall be paved with asphalt, concrete, or other street surfacing material of a permanent nature. Said parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 4. Wheel stops shall be provided in the off -site parking area so as to keep parked automobiles from damaging the proposed 6 foot high fence that will be constructed between the restaurant site and the adjoining Trautwein property. Item No. 8 TO: Planning Commission - 5. 5. A parking attendant (or attendants) shall be provided during all hours of operation of the Red Onion Restaurant facility. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By-- ?r William R. Laycoc Senior Planner WRL /sh Attachments: Vicinity Map Letter from Paul Trautwein dated 4/5/77 Plot Plan, Floor Plans, Elevations Item No. 8 0 WE,S.7, LrD 0 AYTi`MwB g3 w 76 L/00 9/.yC f.{r GorA M � F a Z \ i \ i 4 1 . ♦\ goo � I PRdP�Si D OFF We v • �c y. a �� �� Ci �n�ON N�nN yb V J VN6 �' .. 4 Ai A'Z y � + �b � • U -z 1V H M' C M• O A YI . p �t 4 Y N~ ±N N N N N N N N N N N Iv ry�yVl J N K ¢ K O: ��.N. ¢•s -� k -I- & -5- �.f ¢-� u u Nom. c.�.w ¢.s -w OC AN AN FRONT � R-I P U B L / G B E A G - .. -'A CIFI C O C EAN vt A ci10l USE (PERMIT NO. IS81 (AMENDED) 0 WATERFRONT CONSTRUCTION Mr. Rick Loomis Red Onion Lido 2406 Newport Blvd. Newport Beach, California 92663 Dear Rick: (I 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 679.1960 cw,treaa. Vs w No. 238975A 5 April 1977 In answer to your request concerning the leasing of some of our property for parking. I will be willing to execute a five (5) year lease with you for enough land next to your existing parking lot for the seven parking spaces that you request. It appears that this would represent approximately 1,200 sq. ft. in front of the existing parking places numbered 10 through 16. Sincerely: Paul Trautwein a = w � s 3 RESOLUTION NO. 9 7 Q 2 OU A RESOLUTION OF THE CITY COUNCIL OF THE CITYpc`y,V���� OF NEWPORT BEACH AUTHORIZING THE MAYOR AND �u CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JEAN BELDEN IN CONNECTION WITH THE -� ✓ REMODELING AND EXPANSION OF THE RED ONION (USE PERMIT NO. 1581 /AMENDED)' -- WHEREAS, there has been presented to the City Council of the City of Newport Beach an off -site parking agreement between the City of Newport Beach and Jean Belden in connection with the remodeling and expansion of The Red Onion (Use Permit No. 1581 /Amended); and WHEREAS, the City Council has reviewed the terms and conditions of said off -site parking agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said above - described off - site parking agreement is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23rd day of May , 1977. ATTEST: City Clerk Mayor DDO /bc 5/19/77 9 0 RESOLUTION NO. 9102 14� 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 JEAN BELDEN IN CONNECTION WITH THE REMODELING AND EXPANSION OF THE RED ONION (USE PERMIT NO. 1581 /AMENDED) WHEREAS, there has been presented to the City Council of the City of Newport Beach an off -site parking agreement between the City of Newport Beach and Jean Belden in connection with the remodeling and expansion of The Red Onion (Use Permit No. 1581 /Amended); and WHEREAS, the City Council has reviewed the terms and conditions of said off -site parking agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said above - described off - site parking agreement is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. . ADOPTED this 23rd day of May , 1977. Mayor ATTEST: City Clerk DDO /bc 5/19/77