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
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City of Newport Beach
Mav 5. 1977
ON
MINUTES
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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
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acceptance of an offsite parking agreement for
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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
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COMMISSIONERS
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�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
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COMMISSIONERS
I ROLL CALL
+yes
!oes
Absent
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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
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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
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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