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
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Recording requested by
and
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3,100 NIEVVI 0friff BOULEVARD
NEWPORT EcACH, CALIF. 92663,
1270
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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
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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
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Robert
C. Durkee
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said State, personally appeared
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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
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WITNESS my hand and official seal.
♦ Commission Expires Nov. 25, 1979
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♦♦11!♦Q A4!♦ ♦9 ♦♦♦♦♦♦G�♦8♦+♦♦!♦
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LL
Signature
Kathleen M. Burdon
Name (Typed or Printed)
(This area for official notarial seal)
-3-
695
CITY
DURKEE
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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
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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