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HomeMy WebLinkAboutC-2034 - Off-Street Parking Agreement for Use Permit 1862/ I' I, :1 TO: FINANCE DIRECTOR FROM: City Cleric suwscr Contract No. C -2034 Description of Contract . off-Site Pa&,ina - Robert C. Durkee Authorized by Resolution No. 9276 , adopted on Jurie 12, 1978 Effective -date of Contract Jame 15 1978 Contract with Ibbert C. Durkee Address 500 -504 West Ba]boa,Blird. Newport Bead's, CA Amount of Contract no money involved i A-d city er i^' — — a•ri e�mmomcn Recording requested by and ,,.�� C�_ i1 si^ice 0 RT PEACII 3,100 NIEVVI 0friff BOULEVARD NEWPORT EcACH, CALIF. 92663, 1270 E XEMiPT C2 M OFF-SITE PARKING AGREEMENT BK I3595PD- 693 RECORDED IN OFFICIAL RECORDS OF ORANGE COUiVTY, CALIFORNIA 30 Ain. G� Past I 1':I�fl. MAY 1 199® LEE A. BRANCH, Cournty Recorder Pursuant to Gov't Code (Robert C. Durkee, 500-504 West Balboa No. 6103, the City of Boulevard, Newport Beach) Newport Beach requests free recordation, ✓/JZL, THIS AGREEMENT is made and entered into this Deputy City C1 rk Tay of F ry �tf 19 by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and ROBERT C. DURKEE, an individual, hereinafter referred to as "DURKEE." RECITALS: W I T N E S S E T H: A. Durkee is the owner of that certain parcel of property located in the City of Newport Beach described as LOTS 20, 21 AND 22, BLOCK 3, EAST NEWPORT, more commonly known as 500-502-504 West Balboa Boulevard, Newport Beach, County of Orange, State of California, herein- after referred to as Parcel "A"; and B. The Planning Commission of the City of Newport Beach has approved Use Permit No. 1862 to allow the expansion of an existing coin-operated laundry facility, operated by Durkee, which also includes the construction of a second floor office, on Lot 20 of Parcel "A"; and C. The operation by Durkee of said expanded laundry facility on Lot 20 of Parcel "A" requires not less than nine (9) off-street automobile parking spaces located off-site of Lot 20 of Parcel "A"; and D. Portions of five (5) of the required off-street parking spaces and the expanded commercial building will be BK I3595PUG 694 located on Lot No. 20, and the remaining portions of said five (5) parking spaces and four additional parking spaces are located on Lots 21 and 22 of Parcel "A;" and E. The Planning Commission of the City of Newport Beach at its meeting of April 20, 1978, considered the off- site parking agreement in conjunction with the approval of Use Permit No. 1862 by Durkee to expand an existing laundry facility and recommended approval of said off-site parking agreement to the City Council of the City of Newport Beach; and F. The City Council at its meeting of June 12, 1978, considered the provisions of Section 20.30.035 of the Newport Beach Municipal Code and determined the off-site 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 Lot 20 of Parcel "A" is used for a laundry facility and office structure, as approved by Use Permit No. 1862, nine (9) automobile parking spaces will be required; portions of five (5) of said required off-site parking spaces will be located on Lot No. 20 of said Parcel "A" and the remaining portions of said five (5) parking spaces and four (4) additional parking spaces will be located on Lots 21 and 22 of said Parcel "A." 2. This Agreement shall run with the real property described as Parcel "A" in the first paragraph of this agreement and shall bind the heirs, successors and assigns of the parties hereto and it shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused -2- BK 13595PG this agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation By Mayor ATTEST: City Clerk i Obert C. Durkee -3- 695 CITY DURKEE STATE OF CALIFORNIA ORANGE ss. COUNTY OF r 5-1-79 EOn before me, the undersigned, a Notary Public in and for 0 U Robert C. Durkee w said State, personally appeared c m — E Q — kno...n to rr.c to be the person whose name . S :♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦®♦ss♦♦♦♦. ♦ OFr—iCiAS- SEUL subscribed to the within instrument and acknowledged to me LEEN M. BURDON N :TA Y PU LIC CAL;F' j he - i NIA that— executed the same. ♦ PIPH070,AL OFFICE IN w r..� CO!IPTY C3 WITNESS my hand and official seal. ♦ Commission Expires Nov. 25, 1979 M E ♦♦11!♦Q A4!♦ ♦9 ♦♦♦♦♦♦G�♦8♦+♦♦!♦ o LL Signature Kathleen M. Burdon Name (Typed or Printed) (This area for official notarial seal) -3- 695 CITY DURKEE y V City Council Meeting June 12, 1978 Agenda Item No. H -2(m) CITY OF NEWPORT BEACH June 8, 1978 v TO: City Council FROM: Department of Community Development SUBJECT: Request for an Off -Site Parking Agreement in conjunction with the expansion of an existing coin - operated laundry facility and the con- struction of second floor office space (Use Permit No. 1862). LOCATION: Lot 20, Block 3, East Newport, located at 500 - 502 -504 West Balboa Boulevard, on the northwesterly corner of West Balboa Boulevard and Island Avenue on the Balboa Peninsula (Coin Wash Laundromat). Lots 21 and 22, Block 3, East Newport (Off -Site parking lots). ZONE: C -1 APPLICANT: Robert C. Durkee, Newport Beach OWNER: Same as Applicant Application This application requests approval of an off -site parking agreement in conjunction with the expansion of an existing coin - operated laundry 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 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 owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Y f , TO: City Council - 2. Suggested Action If desired, adopt Resolution No. authorizing the execution of an off -site parking agreement between the City of Newport Beach and Robert C. Durkee, Newport Beach. Planning Commission Recommendation At its meeting of April 20, 1978, the Planning Commission voted (4 Ayes, 1 Absent) to approve Use Permit No. 1862, including the requested off - site parking arrangement, subject to the following findings and con- ditions: A. FINDINGS The proposed use is compatible with the Land Use Element of the General Plan and with surrounding land uses. The proposed development will also greatly upgrade the existing commercial uses on the site. 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. Adequate off - street parking spaces are being provided in conjunction with the proposed remodeling and ex- pansion of the commercial development. 5. The off - street parking spaces for the expanded pro- posal on separate lots from the building site are justifiable for the following reasons: a. The off -site lots adjoin the laundromat- office site and will be easily accessible. b. The proposed development will not create undue traffic hazards in the adjoining area. c. The City Traffic Engineer has no objections with the proposed parking layout. d. The proposed commercial development and related off - street parking spaces are on three contigu- ous lots that are all owned by the applicant. 6. That the establishment of a five foot rear yard setback along the rear property line of the site will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injuri- ous to property and improvements in the neighborhood or the general welfare of the City,and further that the proposed modification is consistent with the legisla- tive intent of Title 20 of this Code. 7. The approval of Use Permit No. 1862 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property or 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 elevation. P T0: City Council - 3. 2. That all exterior lighting shall be approved by the Director of Community Development. 3. That all signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. 4. That all mechanical equipment and trash areas shall be screened from public streets, adjacent alley, or adjoining properties. 5. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of four parking spaces, portions of five other parking spaces, and related access thereto, shall be provided on Lots 21 and 22, Block 3, East Newport, for the duration of the expanded laundromat- office complex on Lot 20, Block 3, East Newport. 6. That a corner cutoff easement with a five foot radius be dedicated to the City for street purposes. 7. That the unused portions of the driveway approaches on Balboa Boulevard and Island Avenue be closed up with the construction of curb and gutter and sidewalk. In addition the curb return at Balboa Boulevard and Island shall be reconstructed. The plans for the work will be prepared by the Public Works Department. 8. That a use permit agreement and surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to their completion. Background At its meeting of January 3, 1963, the Planning Commission approved Use Permit No. 910 that permitted the existing self- service laundromat to be established on the site, subject to the one condition that the old shed located at the rear of the property "be brought up to present day fire standards or removed within 6 months." The old shed remains on the subject property, but was never brought up to Building or Fire Codes. The applicant now proposes to remodel and expand the existing coin - operated laundromat on the site. The expansion consists of a 640 sq.ft.± addition to the laundromat on the first floor and the construction of a 613 sq.ft.± office for the applicant on the second floor. The old shed and adjoining storage building that encroach to within eighteen inches of the alley right -of -way at the rear of the property will be removed in conjunction with the proposed development. The Municipal Code requires nine off - street parking spaces for the expanded commercial development on the property in question, based upon one parking space for each 250 sq.ft. of gross floor area (i.e., 2,229 sq.ft.± : 250 = 9 spaces). Nine off - street parking spaces will be provided in conjunction with the proposed development. The subject property consists of Lots 20, 21 and 22, Block 3, East Newport. Portions of five of the required off - street parking spaces and the expanded commercial building will be located on Lot No. 20. The remaining portions of said five parking spaces, four other parking spaces, and the existing Kodak film retail structure are located on Lots 21 and 22. The applicant is requesting the approval of an off - site parking agreement for the required nine parking spaces. Neither the staff nor the Planning Commission has any objection to the appli- cant's request since all three lots are owned by the applicant. ft TO: City Council - 4. Attached for the City Council's information and review is a copy of the Planning Commission staff report and an excerpt from the minutes of the Planning Commission meeting. A copy of the site plan, floor .plans and elevations will be on display at the time of the hearing. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By 90wt& (�)' Ass stant Director - Planning JDH /kk Attachments for City Council only: 1) Planning Commission Staff Report 2 Excerpt from Planning Commission Minutes 9 RESOLUTION NO. 937 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ROBERT C. DURKEE IN CONNECTION WITH USE PERMIT NO. 1862 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 Robert C. Durkee in connec- tion with Use Permit No. 1862; 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 12th day of June , 1978. Mayor ATTEST: City Clerk DDO /kb 6/5/78