HomeMy WebLinkAboutC-2079 - Off-site parking agreement for Charlie's Café, Balboa IslandFEB I?. 147q
By the CITY COUNCIL
CITY OF NEWPORT BEACH
February 7, 1979
City Council Meeting
Agenda Item No
CITY OF NEWPORT BEACH
February 12, 1979
H -2(1)
TO:
City Council
FROM:
Department of Community
Development
SUBJECT:
Request for an Off -Site
Parking Agreement in
conjunction with the expansion
of a restaurant
facility (Charlie's fe
with on -sale beer
and wine ,(Use erls`rmitNo.
1893), located at
501 Park Avenue, on the
southeasterly corner of
Park Avenue and Agate Avenue
on Balboa Island.
LOCATION:
Lots 21 and 22, Block 9,
Section 1, Balboa
Island (Restaurant)
Portion of Lot 18 and Lot
19, Block 7, Section 1,
Balboa Island (Off -Site
Parking Lot)
ZONE:
C -1 -H
APPLICANT: Don Dean, dba Charlie's Cafe, Balboa Island
OWNER: William C. Hardesty, Balboa Island
Application
This application requests approval of an off -site parking agreement
in conjunction with the expansion of an existing restaurant facility
(Charlie's Cafe) with on -sale beer and wine. 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 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
T0: City CouciI - 2.
interest of a duration adquate 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 dura-
tion 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 applic-
able 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.
Suggested Action
r
If desired, adopt Resolution No. authorizing the execution
of an off -site parking agreement with Don Dean, dba Charlie's Cafe.
Planning Commission Recommendation
At its meeting of January 4, 1979, the Planning Commission voted
unanimously to approve Use Permit No. 1893, including the requested
off -site parking arrangement, with the findings and subject to the
conditions as follows:
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. That the applicant is providing required parking
for all of the uses on the site.
4. That the nine (9) off - street parking spaces for
the restaurant use on a separate lot from the
restaurant are justifiable for the following reasons:
a) The subject parking lot is directly across
Agate Avenue from the restaurant.
b) That the parking lot has been utilized as
a parking lot for 27 years and does not
create any undue traffic hazards in the area.
5. That the applicant has leased nine (9) off - street
parking spaces for customer use in the parking
lot directly across Agate Avenue from the restau-
rant facility for a period of four years.
TO:
5
Citplouncil - 3.
6. That the service of beer and wine in the expanded
restaurant facility will have no significant
impact on the parking demand.
7. Many customers walk to the subject cafe from
adjoining commercial and residential properties.
8. The Planning Commission has approved several use
permits for on -sale beer and wine in existing
restaurants on Marine Avenue on Balboa Island
without requiring off - street parking spaces
i.e., Use Permit No. 1663 -Van's Belgian Waffles
and Crepes; Use Permit No. 1670- Mione's Old
World Delicatessen; Use Permit No. 1714- Hemming-
way's; and Use Permit No. 1732 -The Jolly Roger).
9. The Police Department has indicated that they do
not contemplate any problems.
10. That approval of Use Permit No. 1893 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons resid-
ing and working in the neighborhood or be
detrimental or injurious to property and im-
provements in the neighborhood or the general
welfare of the City.
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, subject to the approval of staff.
3. That an off -site parking agreement shall be ap-
proved by the City Council guaranteeing that a
minimum of nine (9) parking spaces shall be
maintained at the southwesterly corner of Park
and Agate Avenues for the duration of the restau-
rant use on the subject property.
4. This approval shall be for a period of one year,
and any extension shall be subject to the approval
of the Modifications Committee.
5. The restaurant facility may be open for business
after 8:00 p.m. if desired. However, no beer or
wine shall be served after 10:00 p.m.
T0: City Council - 4. •
6_dckground
Building records indicate that a restaurant use has existed on the
site since 1961. No parking spaces were required by Code for the
subject restaurant facility and no specific parking spaces were
provided for the restaurant use. However, four on -site parking
spaces are available for the commercial uses on the property.
Use Permit No. 1834 (approved by the Planning Commission on July 7,
1977 and extended to July 5, 1979 by the Modifications Committee)
authorized the sale of beer and wine in connection with the exist-
ing restaurant. No additional parking spaces were required at that
time.
The restaurant currently has a total dining area of 338 sq.ft.
With the addition authorized under Use Permit No. 1893, the dining
area will be expanded by 127 sq.ft. to 465 sq.ft.
Section 20.30.030 B., 3., of the Municipal Code, provides that when-
ever 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 current
parking requirements unless a waiver or reduction of said require-
ment is authorized by use permit. In this particular case the
applicant is proposing to provide the required parking for all of
the uses on the site with a combination of on -site and off -site spaces.
Under the terms of the Use Permit, the applicant has been required
to provide 11.7 parking spaces for the expanded restaurant based on
one space for each forty sq.ft. of net public area. In addition,
the applicant is also providing parking, as indicated, for the uses
noted below.
1. 277 sq.ft. real estate office (503 Park
Avenue) at
250 sq.ft. /sp.
= 1.1
space
2. Two - bedroom
apartment (505 Park Avenue)
= 1
space
3. Two - bedroom
apartment (132 Agate Avenue)
= 1
space
4. Bachelor apartment
(1302 Agate Avenue)
= 1
space
Overall parking
requirements for subject site
= 16
spaces
Existing spaces
on site (2 -car carport and
5 open spaces)
= 7
spaces
Leased parking
spaces at 129 Agate Avenue
(See attached
lease)
= 9
spaces
Total Available
Parking Spaces
= 16
spaces
The proposed off -site parking lot is located directly across Agate
Avenue from Charlie's Cafe. This eighteen space parking lot and the
Golden West Laundry - Cleaners establishment were constructed in 1950
on a three lot parcel in the C -1 Zone prior to "H" factor parking
requirement. The laundry - cleaners has 1290 sq.ft. of gross floor
area. Seven parking spaces are required for this use (at one park-
ing space per 250 sq.ft. of gross floor area plus one loading space
per each 10,000 sq.ft. of gross floor area).
T0: City Council - 5.
One of the parking spaces is partially obstructed by an outdoor
24 -hour ice service machine and a lighted billboard backing up
to this machine. Therefore there is a surplus of ten unobstructed
parking spaces on the site available for other uses.
Two of the spaces on this lot were leased by Charlie's Cafe when
the original use permit for beer and wine was approved. However,
no formal off - site parking agreement exists between the property
owners and the City regarding the use of this off -site parking lot.
The Planning Commission has therefore required that an off -site
parking agreement be provided in conjunction with the proposed
expansion to guarantee that the parking spaces will be maintained
for the duration of the restaurant use.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
by " 0. "
A ES D. HEW CKER
ss'stant Director - Planning
JOH /kk
Attachments for City Council only:
1) Planning Commission Staff Report with Attachments
2) Excerpt of Minutes from Planning Commission Meeting of 1/4/79
NOTE:
A copy of the site plan and elevations will be on display
at the time of the City Council meeting.
December 26, 1978
Planning Commissic` ing January 4, 1979 1-
Agenda Item No
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Use Permit No. 1893 (Public Hearing)
M
Request to expand the existing Charlie's Cafe
facility with its related on -sale beer and wine in
the C -1 -H District, and the acceptance of an off -
site parking agreement for a portion of the required
offstreet parking spaces.
LOCATION: Lots 21 and 22, Block 9, Section 1, Balboa Island,
located at 501 Park Avenue, on the southeasterly
corner of Park Avenue and Agate Avenue on Balboa
Island,
ZONE: C -1 -H
APPLICANT: Don Dean, dba Charlie's Cafe, Balboa Island
OWNER: William C. Hardesty, Balboa Island
Application
This application is to expand Charlie's Cafe facility with its
related on -sale beer and wine, and the acceptance of an off -site
parking agreement for a portion of the required off - street parking
spaces. In accordance with Section 20.35.020 of the Newport Beach
Municipal Code, restaurants shall be permitted in the C -1 District,
subject to the securing of a use permit in each case.
Environmental Siqnificance
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" uses. The existing restaurant
facility falls within the uses permitted.
0 0
Subject Property and Surrounding Land Use
Charlie's Cafe and mixed commercial uses are located on the first
floor of the existing structure on the site. Two legal nonconform-
ing apartment units are located on the second floor, and one bache-
lor apartment on the first floor. Two carport spaces and five off -
street parking spaces for the apartments and commercial uses are
located at the rear of the property adjacent to a 10 foot wide
alley. To the northeast, across Park Avenue, is a duplex; to the
southeast, across a 10 foot wide alley, are duplexes; to the south-
west, are a mixture of commercial uses on the first floor and resi-
dential uses on the second floor; and to the northwest, across Agate
Avenue, is a dry cleaning complex and a related offstreet parking
lot. Nine spaces in this parking lot are proposed for the res-
taurant's off -site parking facility.
Background
Building records indicate that a restaurant use has existed on the
site since 1961. No parking spaces were required by Code for the
subject restaurant facility and no specific parking spaces were
provided for the restaurant use. However, four on -site parking
spaces are available for the commercial uses on the property.
Use Permit 1834 (approved by the Planning Commission on July 7,
1977 and extended to July 5, 1979 by the Modification Committee)
authorized the sale of beer and wine in connection with the exist-
ing restaurant. No additional parking spaces were required at that
time.
Analysis
The applicant proposes a 127 sq. ft. dining room expansion into an
adjacent vacant store building. The existing family- operated res-
taurant has the following operational characteristics:
Existing dining area
Inside dining
Outside dining
areas (2)
Total existing
dining
204 sq. ft.
70 sq. ft.
64 sq. ft.
338 sq. ft.
Proposed additional inside dining area = 127 sq. ft.
Total existing /proposed dining area = 465 sq. ft.
- 2 -
Beer and wine service is available with meals. No bar is proposed
and the beer and wine service is incidental to the primary function
of food service. The restaurant hours with beer /wine service were
approved to 10:00 p.m. Present hours of operation, however, are
from 7:00 a.m. to 4:00 p.m., six days a week. (See attached letter
from applicant).
Offstreet Parking Requirements
Section 20.30.030, B., 3. of the Municipal Code provides that when-
ever a nonconforming building or use is enlarged by more than 10
percent of its original gross area in any one year period, the
property on which it is located shall be made to comply with current
parking requirements unless a waiver or reduction of said require-
ment is authorized by use permit. In this particular case the
applicant is proposing to provide the required parking for all of
the uses on the site with a combination of on -site and off -site
spaces.
Eleven + (11.7) parking spaces would be required if the subject
restaurant facility with the proposed additional dining area were
established under present parking standards of one parking space
for each 40 sq. ft. of "net public area" (338 sq. ft. existing
plus 127 sq. ft. proposed).
The parking standards could also vary under current requirements
from 9.3 spaces (i.e., one parking space for each 50 sq. ft. of
net dining area) to 15.5 spaces (i.e., one parking space for each
30 sq. ft.).
In addition, the following uses are located on this site and
additional parking is being provided as follows:
1. 277 sq. ft.
real estate office
(503 Park Avenue)
at 250 sq.
ft. /sp.
= 1.1
space
2. two- bedroom
apartment (505 Park
Avenue) = 1
space
3. two - bedroom
apartment (132 Agate
Avenue) = 1
space
4. bachelor apartment
(130; Agate
Avenue) = 1
space
Overall parking requirements for subject site = 16 spaces
Existing spaces on site = 7.0 spaces (2 -car carport and
5 open spaces)
Leased parking spaces at 129 Agate Avenue = 9 spaces
(See attached lease)
Total available parking spaces
- 3 -
= 16 spaces
c3
Off -site Parking Lot at 129 Agate Avenue
LocdLed directly across Agate Avenue from Charlie's Cafe is an
18 -space parking lot and the Golden West laundry- cleaners establish-
ment. It was constructed in 1950 on a 3 -lot parcel in the C -1 Zone
prior to "H" factor parking requirement. The laundry- cleaners has
1290 sq. ft. of gross floor area. Seven parking spaces are required
for this use (at 1 parking space per 250 sq. ft. of gross floor area
plus 1 loading space per each 10,000 sq. ft. of gross floor area).
One of the parking spaces is partially obstructed by an outdoor
24 -hour ice service machine and a lighted billboard backing up to
this machine. Therefore there is a surplus of 10 unobstructed park-
ing spaces on the site available for other uses.
Two of the spaces on this lot were leased by Charlie's Cafe when the
use permit for beer and wine was approved. However, no formal off -
site parking agreement exists between the property owners and the
City regarding the use of this off -site parking lot. Staff, there-
fore, suggests that an off -site parking agreement be required in
conjunction with the proposed expansion to guarantee that the park-
ing spaces will be maintained for the duration of the restaurant use.
Specific Findings and Recommendations
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. 1893 and suggests that
the Planning Commission make the following findings in conjunction
with the applicant's request:
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. That the applicant is providing required parking for all of
the uses on the site.
4. That the nine (9) off- street parking spaces for the restaurant
use on a separate lot from the restaurant are justifiable for
the following reasons:
- 4 -
Je 11_� •
a. The subject parking lot is directly across Agate Avenue
from the restaurant;
b. That the parking lot has been utilized as a parking lot
for 27 years and does not create any undue traffic hazards
in the area.
5. That the applicant has leased nine (9) off - street parking spaces
for customer use in the parking lot directly across Agate Avenue
from the restaurant facility for a period of four years.
6. That the service of beer and wine in the expanded restaurant
facility will have no significant impact on the parking demand.
7. Many customers walk to the subject cafe from adjoining commer-
cial and residential properties.
8. The Planning Commission has approved several use permits for
on -sale beer and wine i'n existing restaurants on Marine Avenue
on Balboa Island without requiring offstreet parking spaces
(i.e., Use Permit No. 1663 - Van's Belgian Waffles and Crepes;
Use Permit No. 1670 - Mione's Old World Delicatessen; Use
Permit No. 1714 - kemmingway's; and Use Permit No. 1732 - The
Jolly Roger).
9. The Police Department has indicated that they do not contemplate
any problems.
10. That approval of Use Permit No. 1893 will not, under the cir-
cumstances 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. 1893 is recommended, subject to the
following conditions:
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 nine (9) parking
spaces shall be maintained at the southwesterly corner of Park
and Agate Avenues for the duration of the restaurant use on
the subject property.
4. That each of the nine off -site parking spaces be clearly desig-
nated "For Charlie's Cafe use only ".
5 -
5
5. This approval shall be for a period of one year, and any
extension shall be subject to the approval of the Modifications
Committee.
6. The restaurant facility may be open for business after 8:00 p.m.
if desired. However, no beer or wine shall be served after
10:00 p.m.
7. That a Resubdivision be approved combining Lots 21 and 22 into
a single building site.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN,DDDIRECTOR
By�OA'6. ) d(O(.0
Carol L. Kruse
Associate Planner
CLK /jml
Attachments: Vicinity Map
Letter from applicant
Lease agreement
Plot plan, floor plan and elevations
- 6 -
r
Of} -SITE RtRKiNG
�
N7
4�41W
A�
�T
Vic I Nt��r Fir N
USE qRM IT IS 9
130 - Ac)r.+e Ave
.,-7
ob,
Dorr-n�r - q 1.'7R Donald R. and Shirley bean
O:aner^ - Cherlie, Cr r
Avenue
B lboa.Island, Cal ifor,iin,
92662
City of Newport Beach
Planning Commission
Newport Beach, California
Gentlemen;
We vish to annly to the City of Newport Beech for permission to
sAclrp a — iermit to expand our restaurant using the small store next
to us. Our restaurant is located at 501 Park Ave., Balboa Island. Ide
have had many requests from our customers for more inside seating when
it is cold or rainy.
Our rpstaura,nt is family owned and family operated with help hired
from neonl.e who have permanent year round residence on Balboa Island, Our
hours are 7a.m. to 4p.m., six days a week. at the present. Our seating
capacity is about 17 to 20 - people. Most of our regular customers live
nearby a.nd walk to and from our restaurant. We rent nine parking spaces
from the Gnlden West Laundry and Dry Cleaners. located directly across
the street. a.nd two -),9rL:infr spaces in back of the restaurant from Bill
Hardesty Realtor, to provide narking for our off the Island customers,
Total_ of eleven narking snaoes.
It in n,1r aim to cater to the local year round residents, to w -n^
wp ^,rvr ^ -,r,1 of brrakfn.st, hamb�irgers, sandwiches and fish. As of
n-,y! 1.o ' --r to turn )P-ole a19av because t'nere is -�)t eno11 ,h indoor -
sFati -m. Wp feel it i^ eP- ertial for us to have this Ise irrmit, and
^.1 ^I p 1'.'. o - C- M,n'td ate 'r C'1stimers.
We 'one to maintain our business in Newport Begch for many years
to come. We feel we are. and will. make a beneficial contribution to the
�,uslnasn no- munity of Balboa Island.
Y —ir A-»roval of a use p ^rmit for our business will, we feel, aid
vs in mir hlisinegs success, and provide our customers with a service they
have renuaated.
Yrur considera,tio- and approval of our request will be greatly aon-
reci -tad.
Resrectful'.y yours,
Donald and Shirley Dean
Sub- LEASE �J'�/ •
(NON-RESIDENTIAL. SHORT FORM,
CALIFORNIA REAL ESTATE ASSOCIATION STANDARD FORM
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT —READ IT CAREFULLY
Newport_Aeach _ _ California November 2R
.19. _Z8
Dante .A. Ves_pignani., „sub -- Lessor, and
1✓i11.p 1_C _uAr(]e t;( —_.— ......
.glee agree as follows.
1. Lessor lease; to Lessee and Lessee hires from Lessor those premises described as :.P DLt.IAA_0X_T O.t.
19, Bloc Y7�kesu�.of5_ec,I,_ Balboa_S51 _nd Consia1iry;._Df nine_„GI ;STDf1ER
O iI. Y_ D. arkin��paces _Srit..�2hr..�aximumti Fnr.,.+y01,..y0� Park & 130 Agate patrons
together with the`ollow"g furniture and rxtmes :_nOnO - - =,
(Insert as shown on Exhibit A attached hereto" and attach the exhibit if the list is extensive)
2. The term of this lease shall
I lyems, /months)
1
commencing _DE'Cember 1, , 19 76 and terminating _LVOVember 90
to 82 .. Any holding over by Lessee with Lessor's consent beyond the
1 term of this lease shoal be a month to month tsmancy at the rental and upon the applicable terms of this lease
l
except as specified here: i1Cne
3. Lessee is to pay rent as follows: $75 �00 on thIt f rot day of _Pan on ,rri
be ig nning. December_ 1, 1978._____
The rent shall be paid at 129 Agate Ave . Ra1bDa_ i a1 and,_Qa_ 92662 __ or at any address designated by the Lessor in writing.
i
d. Lessee also agrees to pay upon execution of this lease, in addition to rent, a security deposit of
1 - $ nnne __. Said deposit will be returned to Lessee by Lessor or his successors upon full perform
once of the terms of this lease
I 5.'i Lessee agrees to pay for all utilities except- LIi l i t iec_nynYided..._
which shall be paid for by Lessor.
6. Lessee has exummed the premises and all furniture and fixtures contained therein, and accepts the some
as being clean and in good order, condition and repair, with the following exceptions: n0ae__-. ____
7. The premises are rented for use only as TWO H0ZRMAXIDRIM. "CUSTOMER_ONLY "PARVING_
FOR PATRO'JS OF 501 5 -0 Park Ayg._,_ _and 1 ?0,,,,Agate_Ave • r 3a1U.4�I51and...
8. Lessee shall not disturb, annoy, endanger or inconvenience other tenants of the building or neighbors,
nor use the premises for any immoral or unlawful purposes, nor violate any law or ordinance, nor commit waste or
nuisance upon or about the premises.
9. Lessee shall keep the premises rented for his exclusive use in good order and condition and pay for any
repairs caused by his negligence or misuse or that of his invitees. Lessor shall maintain any other ports of the
property and pay for repairs not caused by lessee's negligence or misuse or that of his invitees.
10. Lessee sholl not paint nor moke alterations of the premises without Lessor's prior written consent.
11. This lease will terminate if the premises become uninhabitable because of dilapidation, condemnation,
fire or other casualty for more than 30 days. Rent will be reduced proportionately if the premises are uninhobit
able for any shorter period
12. With Lessee s permission, which shall not unreasonably be withheld, Lessor or his agent shall be permitted
to enter to inspect, to make repairs, and to show the premises to prospective tenants or purchasers In an emer.
gency, Landlord at nis agent may enter the premises without securing prior permission tract Tenant, bur shall give
Teaanl ncfice of cu:h entry .mmedintely thereafter.
13 lessee 'Ic"11 not !et or sublet all or any part of the premises nor assign this tease or any Interest In it
.: i�ho. -. .. r rr" .o"se" of lessor. Lessor s consent thereto zhnll not vmcascn :Ihly he w'Ithhcld.
14 If te:.on, ahaindnnx or Vetoes the premises, Lessor may at I— optwn terminate this loose, m. ante, the
Ih.. ),. , , .,..I 'r. "_ "', property
I $ The area).,'. a,, ly cony ,,,over room the other party his vests and n! o,m,y 'rrs or any action brought
by e'fe' puny to atforce any rem,' 01 tilts lease or recover possession of the premises
I6 [dr," poly r..,iy v., m.n,ae m„ lease in the event of a violation of any provi yon pl ,his lease by the other
party
17 he v. m'e, -y :,. set of any Men. V+ shall not be construed re be a ,om,nvG+g waiver el any subsequent
'••��_ '_i,2% ✓'.,'/CLG��ns�.� Lessu<•: ,/A /�1�(llfi( ` ����iCXI�.
Lessee. /.
no
C°r� is oxM A. e O„pv. An ..rot. °: . FORM LSF
..". 1, r x1t , bm ' m'. f...d
lair le)I) elRlfN MINT SNJF
COMMISSIONERS • `� � MINUTES
City of Newport Beach
o }omp Z�Z
a January 4. 1979
ROLL CALL
the o parcels created by Resubdivision No.
538 are mbined into one parcel).
5. That Condition f Approval of Use Permit No.
1892 be fulfilled.
6. That a 5 foot wide P.C.C. sidewalk be con-
structed immediately behind fiii curb along the
Camelback Street frontage betwee he drive-
way and the adjacent property on th ast side
and between the driveway and Jamboree d on
the west side.
Request to expand the existing Charlie's Cafe
facility with its related on -sale beer and wine in
the C -1 -H District, and the acceptance of an off -
site parking agreement for a portion of the require
offstreet parking spaces.
Location: Lots 21 and 22, Block 9, Section 1,
Balboa Island, located at 501 Park
Avenue, on the southeasterly corner of
Park Avenue and Agate Avenue on Balboa
Island.
Zone: C -1 -H
Applicant: Don Dean, dba Charlie's Cafe, Balboa..
Island
Owner: William C. Hardesty, Balboa Island
Public hearing was opened on this item. William
Hardesty, owner of the property, and Don Dean,
owner of Charlie's Cafe, appeared before the Plan-
ning Commission. Mr. Hardesty asked that Condition
No. 7 be deleted, as redecorating was planned but
not remodeling in excess of $5,000, which would
require approval of a Resubdivision. Staff had no
objection to deleting this condition. Regarding
Condition No. 4, Mr. Hardesty said that the off -
site parking spaces could be designated "For
-10-
INDEX
Item #8
USE
PERMIT
NO. 1893
APPROVED
COI—
TION�TLLY
ICOMMISSIONERS
o� Z Jan
City of Newport Beach
uary 4. 1979
ROLL CALL
Charlie's Cafe use only" if required; however,
.
these spaces were intended to also be available t
commercial patrons of the building. Staff stated
that it would be acceptable to have the spaces
marked "For Charlie's Cafe and Hardesty Realty ".
There was a question from one of the Commissione
regarding the allocation of parking spaces and th
possibility that they could be allocated more tha
once. Staff stated that any required off -site pa
ing arrangement requires an off -site parking agre
ment which is approved by the City Council and
recorded. Staff further indicated that they had
knowledge of these spaces being allocated to anot
user, either on a formal or informal basis.
Mr. Dean said that most of his patrons walked or
rode bicycles to his cafe, but 3 or 4 parking
spaces were needed, particularly in the summer.
to extended hours, he said that during 4 months i
the summer the cafe is open from 7:00 a.m, to 8:0
p.m., but this puts no greater demand on parking.
Mr. Hardesty said that Condition No. 2 presented
some problems because he had an agreement with th
owner next door to keep the trash container
partially stored on his property. He hoped that
this could be worked out with the staff.
Gale Smith, representing the Balboa Island Improv
ment Association, appeared before the Planning Co
mission. She said that the association had voted
unanimously to approve the improvements at Charli
Cafe and the upgrading of Agate Avenue.
Mrs. Hamilton, 200 Pearl, Balboa Island, appeared
and expressed concern over congestion, noise, and
need for additional parking in the operation of
Charlie's Cafe.
Ann Duncan, Corona del Mar, appeared in support o
additional parking for Charlie's Cafe.
There being no others desiring to be heard on thi
item, the public hearing was, closed.
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January A_ 1479
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Motion was made that the Planning Commission make
Oyes
the 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 will not have any significant
environmental impact.
3. That the applicant is providing required par
ing for all of the uses on the site.
4. That the nine (9) off - street parking spaces
the restaurant use on a separate lot from th
restaurant are justifiable for the following
reasons:
a. The subject parking lot is directly acr
Agate Avenue from the restaurant;
b. That the parking lot has been utilized
a parking lot for 27 years and does not
create any undue traffic hazards in the
area.
5. That the applicant has leased nine (9) off -
street parking spaces for customer use in th
parking lot directly across Agate Avenue fro
the restaurant facility for a period of four
years.
6. That the service of beer and wine in the ex-
panded restaurant facility will have no sign
ficant impact on the parking demand.
7. Many customers walk to the subject cafe from
adjoining commercial and residential propert
8. The Planning Commission has approved several
use permits for on -sale beer and wine in exi
ing restaurants on Marine Avenue on Balboa
Island without requiring offstreet parking
spaces i.e., Use Permit No. 1663 -Van's Belg
Waffles and Crepes; Use Permit No. 1670 -Mion
Old World Delicatessen; Use Permit No. 1714 -
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� F
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ROLL CALL
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Hemmingway's; and Use Permit No. 1732 -The
Jolly Roger).
9. The Police Department has indicated that the
do not contemplate any problems.
10. That approval of Use Permit No. 1893 will nc
under the circumstances of this case be detr
mental to the health, safety, peace, morals,
comfort and general welfare of persons resit
ing and working in the neighborhood or be
detrimental or injurious to property and
improvements in the neighborhood or the gene
welfare of the City.
and approve Use Permit No. 1893, subject to the
following conditions:
1. That development shall be in substantial cor
formance with the approved plot plan, floor
plans, and elevations.
2. That all mechanical equipment and trash arel
shall be screened from adjoining properties
and from adjoining streets, subject to the
approval of staff.
3. That an off -site parking agreement shall be
approved by the City Council guaranteeing tf
a minimum of nine (9) parking spaces shall I
maintained at the southwesterly corner of Pc
and Agate Avenues for the duration of the r(
taurant use on the subject property.
4. This approval shall be for a period of one
year, and any extension shall be subject to
the approval of the Modifications Committee
5. The restaurant facility may be open for bus -
after 8:00 p.m. if desired. However, no be(
or wine shall be served after 10:00 p.m.
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RESOLUTION NO. 9511
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 DON DEAN (CHARLIE'S CAFE, BALBOA ISLAND)
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 Don Dean
in connection with Charlie's Cafe on Balboa Island; 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 agreement above
described 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
ATTEST:
day of FEB 12 , 1979.
Mayor
City Clerk DDO /kb
2/6/79