HomeMy WebLinkAboutC-2217 - Off-site Parking Agreement, 2300 La Fayette AvenueRESP,DING +REQUEST, - J BY AND
WHEN RECORDED RETURN TO: 22491 BK v3 9 5 4 PC 88
City Clerk =rt,
CITY OF NEWPORT BEACH C (. CRDEI3 IN OFFICIAL RECORDS
3300 Newport Boulevard (?FCORANGE COUNTY, CALIFORNIA
N,ewport eac California 92663
e -1W A.M. FEB 19'81
A COW, DERATION
LEE A. BRANCH, County Recorder
Space Above This LiAe---F-or Bann er's Use Only
OFF --SITE RAARKING AGREEMENT
(Seaside Restaurant,'2800 Lafeyette, Newport Beach)
TH S AGREEMENT, made and entered into this
day of ';.p , 19cj,�, by and between
CITY OF NEWPORT BEACH Fa municipal
corporation and charter City,
and TONTI-WALKEP INVESTORS, a Partnership,
hereinafter referred to as"TONTI_
WALKER, "
and
and
ARTHUR MELLO AND IDA D. MELLO,
hereinafter collectively referred
to as "MELLO",
JOHN WESTREM, hereinafter referred
to as "WESTREM, "
is made with reference to the following facts, the materiality
and existence of which is stipulated and agreed by the parties
hereto:
A. TOTNI-WALKER owns certain real property located at
2800 Lafeyette, in the City of Newport Beach, County of Orange,
State of California, which real property is more particularily
described as:
Lots 1 and 2 in Block 425 of Lancaster's
Addition to Newport Beach as per map
recorded in Book 5, Page 14, in the
Office of the County Recorder, Orange
County, California,
31
Page 1 of 7
BK I 33-54po 89
hereinafter referred to as Parcel "A"; and
B. TONTI-WALKER intends to operate on Parcel "A" a
restaurant known as Seaside Restaurant. Provisions of the New-
port Beach Municipal Code require persons conducting a restaurant
business to provide parking spaces for their customers; and
C. TONTI-WALKER has applied to City for a Use Permit,
has done so because TONTI-WALKER proposes to operate a restau-
rant, and the changes proposed by TONTI-WALKER are such that
sixty-six (66) parking spaces must be provided by TONTI-WALKER;
and
D. TONTI WALKER owns property located at 2805 Villa
Way, Newport Beach, California, more specifically described as
Lot 27 and the northwesterly 17.57 feet
of Lot 28 of Block 225 of Lancaster's
Addition to Newport Beach as per map
recorded in Book 5, Page 14, in the
Office of the County Recorder of Orange
County, California,
which property, hereinafter Parcel. "B," provides twelve (12)
automobile parking spaces;
E. TONTI-WALKER has entered into a written agreement
with MELLO, by virtue of an Amendment to Option Contract, Assign-
ment of Option Contract with Amendment Thereto and Consent to
Assignment (Exhibit "1"), which agreement grants to TONTI-WALKER
the exclusive right to use thirty-six (36) automobile parking
spaces on property located at 2810 Newport Boulevard, Newport
Beach, more specifically described as follows:
Page 2 of 7
BK 1 3` 54po -00
Lots 4, 5, 6, 7 and 8 of Block 225 of
Lancaster's Addition to Newport Beach as
per map recorded in Book 5, Page 14, in
the Office of the County Recorder, Orange
County, California,
hereinafter referred to as Parcel "C";
F. TONTI-WALKER has entered into a written agreement
with WESTREM which agreement grants to TONTI-WALKER the exclusive
right to use eighteen (18) automobile parking spaces on property
located at 4a;1 - 29th Street, Newport Beach, more specifically
described as follows:
Lots 10 and 11 of Block 230 of
Lancaster's Addition to Newport Beach as
per map recorded in Book 5, Page 14, in
the Office of the County Recorder, Orange
County, California.
A copy of the written agreement is attached hereto and marked
Exhibit 112," and the property described above is hereinafter
referred to as Parcel "D";
G. The Planning Commission of the City of Newport
Beach, at its meeting of September 4, 1980, in conjunction with
its consideration of Use Permit No. 1949, recommended to the City
Council of the City of Newport Beach approval of this Off -Site
Parking Agreement for Parcels "B" and "C," after determining that
the conditions of Section 20.30.035(D) of the Newport Beach
Municipal Code were satisfied;
H. The City Council of the City of Newport Beach at
its meeting of October 27, 1980, considered the proposed Off -Site
Parking Agreement for Parcels "B" and "C," determined that the
Agreement satisfied the provisions of Section 20.30.035(D) of the
Newport Beach Municipal Code, and authorized execution of the
Agreement,
Page 3 of 7
BK 139054Po 91
I. The Planning Commission on December 18, 1980, in
conjunction with its consideration of Use Permit No. 1949
(Amended) recommended to the City Council of the City of Newport
Beach approval of the Off -Site Parking Agreement for Parcel "D,"
after determining that the conditions of Section 20.30.035(D) of
the Newport Beach Municipal Code were satisfied;
J. The City Council of the City of Newport Beach at
its meeting of January 12, 1981, considered the proposed Off -Site
Parking Agreement for Parcel "D", determined that the Agreement
satisfied the provisions of Section 20.30.035(D) of the Newport
Beach Municipal Code, and authorized execution of said Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. TONTI-WALKER shall execute, and do all things
necessary to ensure the effectiveness and validity of, the writ-
ten agreements pursuant to which TONTI-WALKER has the right to
thirty-six (36) automobile parking spaces on Parcel "C" and
eighteen (18) automobile parking spaces on Parcel "D." TONTI-
WALKER further agrees to fully perform all of the duties and the
responsibilities imposed upon TONTI-WALKER by said agreements
(Exhibits "1" and "2") pursuant to which TONTI-WALKER has the
right to said parking spaces, and further agrees that any breach
by TONTI-WALKER of the 'terms of the written agreements (Exhibits
"1" and "2") constitutes a breach of this Off -Site Parking Agree-
ment. The duties of TONTI-WALKER pursuant to this paragraph
shall continue for such time as the structure located on Parcel
"A" is used as a restaurant, and with the characteristics and
intensity of use authorized by Use Permit No. 1.949 (Amended) and
any previous approvals granted by City.
Page 4 of 7
BK I3954po 92
2. In the event that the use of the thirty-six (36)
off-site automobile parking spaces on Parcel "C" or the eighteen
(18) off-site automobile parking spaces on Parcel "D" are lost to
TONTI-WALKER, for any reason, TONTI-WALKER agrees to do the
following:
a. Alter the characteristics, or reduce the
capacity, of the structure located on Parcel "A" such that
the automobile parking spaces available to, and under the
control of, TONTI-WALKER are, given consideration to any
nonconforming rights that TONTI-WALKER may have as of the
date of this Off -Site Parking Agreement, sufficient to
satisfy the parking requirements of the Newport Beach
Municipal Code;
b. Notify, in -writing and within thirty (30) days
of the loss of the parking spaces, the Planning Director of
the City of Newport Beach that automobile parking spaces pre-
viously available to TONTI-WALKER are no longer available;
and
c. Prior to resuming business in the manner autho-
rized prior to the loss of the parking spaces, submit to the
Planning Director of the City of Newport Beach a new or
amended Off -Site Parking Agreement, giving TONTI-WALKER the
use of at least the same number of parking spaces required by
this Off -Site Parking Agreement, and shall further obtain
such recommendations and approvals of such agreement by the
Planning Commission and City Council of the City of Newport
Beach.
Page 5 of 7
BK 1?954po 93
3. TONTI-WALKER shall, at all times the restaurant on
Parcel "A" is open for business, provide a sufficient number of
parking attendants to ensure that the off-site parking spaces are
utilized for the purposes intended.
4. TONTI-WALKER shall fully perform all of the
conditions of approval imposed by the Planning Commission and/or
City Council of the City of Newport Beach in conjunction with the
approval of Use Permit No. 1949 (Amended). The minutes of the
Planning Commission and/or City Council reflecting the conditions
imposed are attached hereto marked Exhibit "3" and are incorpora-
ted herein by reference.
5. TO TI -WALKER shall, at least ninety (50) days prior
to the expiration of the written agreements (Exhibits "1" and
"2") that presently exist, provide --new or amended parking agree-
ments, which agreements grant the use of at least the same number
of parking spaces required by this Off -Site Parking Agreement and
contain terms no more restrictive than those contained in the
existing written agreements (Exhibit "1" and "2").
6. This Agreement shall run with the real property
described as Parcel "A," shall bind the heirs, successors -in -
interest, transferees, vendees, and/or assignees of the parties
hereto, and shall be recorded in the Office of the County
Recorder of the County of Orange.
Ir
Page 6 of 7
BK 13J54PO, 9
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF NEWPORT BEACH
A Municipal Corporation
By t�
ayo
ATTEST:
City Clerk
CITY
TONTI-WALKER INVESTORS,
WE
Its
TONTI-WALKER
ARTHUR MELLO °
IDA D. MELLO
Page 7 of 7
!7
.14
STATE OF CALIFORNI
COUNTY 0I,�c� SS.
m '
a On
a before me, the undersigned, a -Lary Public in and for said County
and Stat ,pe na ly appeare�d�7 ,
x
oe
a
known to me
to be of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnershi xe uted the same.
Signatur
m
atl ANGELA MARWIN
ta Name (Typed or Printed)
B l� a 3 �A' � 4 P0 95 OiGIIRRYO
A 1
FOR NOTARY SEAL OR STAMP
...........
_^. OFF,CIA.L SEIAL
Aa„MARWiN
F :,L 11FF;0E IN
ti d 1i rr 7 C ti ;ti'_ COUNTY
L iin:r:;ss;c n, Exp. Oct, 19,1984
STATE OF CALIFORNIA
ORANGE ss.
COUNTY OF
On FEBRUARY 13, 1981 before me, the undersigned, a Notary Public in and for
said State, personally appeared ARTHUR MELLO AND IDA D.MELLO
known to me to be the person—s— whose name s are
subscribed to the within instrument and acknowledged to
that_ they executed the s
WITNESS my hand and official seal.
Signature
E' IE C: RUTAN
SOFFICIAL SEAL
ELSIE C. RUTAN
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires Sept. 13, 1982
State ofT�'�=�� On this the day of .c�_19, before me,
SS.
County of �✓y.�.- - the undersigned Notary Public, personally appeared
0.
�...
OFFICIAL SEAL Known to me to be the person(s) whose name(s)e�� subscribed
MELLVINE FUCHS to the within instrument and acknowledged that ��►
u=”
NOTARY PUBLIC CALIFORNIA; executed the same for the purposes therein contained.
PRINCIPAL OFFICE IN
ORANGE COUNTY IN WITNESS WHEREOF, I hereunto set my hand and official seal.
irgix�
My Commission Expires March 24, 1961
GENERAL ACKNOWLEDGMENT FORM SMS -2760-2760
P
AMENDMENT TO OPTION CONTRACT,
ASSIGNMENT OF OPTION CONTRACT
WITH AMENDMENT THERETO AND
CONSENT TO ASSIGNMENT
BK 13954PO '9
RECE- �Y
ED
JAN 1 iq,o
ARCHI TEKTapi
THIS AGREEMENT is made this ,?/ day of 1979,
at Newport Beach, California, between ARTHUR MELLO and IDA D. MELLO,
hereinafter, referred to as "Optionor," and ALBERT—ADBUN-NUR, THOMAS
CORRIGAN, MARGE CORRIGAN, SHERMAN HARRIS and MAXINE HARRIS, herein-
after collectively referred to as "Optionee."
WHEREAS, Optionor has heretofore executed a certain Option Contract
dated May 1, 1979, (hereinafter referred to as the "Option") pursuant to
which Optionor's have granted to ALBERT A.BDUN-NUR, THOMAS CORRIGAN,
MARGE CORRIGAN? SHERMAN HARRIS and MAXIN- HARRIS, as Optionees, the
right and option to lease that certain -real property described in
Exhibit A hereto; and
WHEREAS, it is the desire of the parties hereto to amend that
certain Option Contract by this document; and
WHEREAS, it is the desire of the Optionee to assign all of their
rights, title and interest in the Option to T&W Investors, a California
Limited Partnership; and Y
WHEREAS, it is the desire of Optionor to consent to said assignment
and transfer by Optionee to T&W Investors, a California Limited Partner.
ship;
NOW, THEREFORE, for valuable consideration, it is hereby agreed
as follows
1. Paragraph 1. of the Option Contract dated May 1, 1979, -is
hereby amended as follows:
In the event Optionee exercises the option granted hereunder
on or befoYe December 15, 1979, Optionor hereby grants to Optionee
the exclusive right to lease the property for a term of 33 years and
6 months commencing on January 1, 1980 and 'ending on June 30, 2013,
at the total .base rental, subject to cost of living increases, of
$804,000., payable in monthly installments, on the first day of each
month in the amount of $2,000. Said monthly rental of $2,000. per
month, at the end of each five year period of the ,term of this lease,
shall be adjusted periodically by using the Consumer Price Index
published by the United States Department of Labor, Bureau of Labor
Statistics. Notwithstanding fluctuations in said Index, in no event
shall the minimum monthly rental be less than $2,000. per month.
In the event Optionee exercises this option on June 16, 1980,
after an extension of the original option pursuant to notice provided
EXHIBIT
"1'"
,- 4PC 97
for herein, Optionor hereby grants; to Optionee the exclusive right
to lease the property for a term of 33 years, commencing on July 1,
1980, and ending on June 30, 2013, .at the total base rental, subject
to cost of living increases, of $792,000., payable in monthly in- -
stallments, on the first day of each month, in the amount of $2,000.
Said monthly rental of $2,000. per month, at the end of each five year
period of the term of this lease,. shall be adjusted periodically by
using the Consumer Price Index pulished by the United States
Department of Labor, Bureau of Labor Statistics. Notwithstanding
fluctuations in said Index, in no event shall the minimum monthly
rental be 'less than $2,000, per month.
In the event Optioned exercises this option on December 15, 1980,
after -a further extension of the original option pursuant to notice
provided for herein, Optionor hereby grants to Optionee the exclusive
right to lease the property for a term of 32 years and 6 months comm-
encing January 1, 1981, and ending on June 30, 2013, at the total base
rental, subject to'cost of living increases, of $7800,000., payable in
monthly installments, on the first day of each month, ,in the amount of
$2,000. Said -monthly rental of $2,000. per month, at the end of each
five year period, commencing with a five year period beginning on
January 1, 1980 and ending on December 31, 1984, shall be adjusted
periodically by using the Consumer Price Index published by the United
States Department of Labor, Bureau of Labor Statistics. Notwithstanding
fluctuations in said Index, in no event shall the minimum monthly
rental be less than $2,000. per month.
Further terms and conditions of said lease are as follows:
A. As and for ccnsidera;�ion of Optionor executing the
lease referred to herein, Optioned will purchase the buildings on the
Optionor's property by separate agreement between the parties, for the
total sum of $50,000. Said sum shall not be deemed rent and shall be
due and payable on the same date as the commencement of the lease
term which shall be either January 1, 1980, July 1, 1980, or January 1,
1981, respectively.
B. The property shall be used as a parking lot or parking
structure, however, in the event the Optionee desires to change the
use, such change in use shall only be with the prior written consent
of the Optionor, which approval s'aall not be unreasonably withheld.
It is agreed that in the event any such change in use occurs with
the approval of the Optionor, and that in the event the change in -
use provides for increased income to the Optionee, the rent shall
be adjusted by the parties accordingly to the satisfaction of
Optionor and Optionee and in the event no agreement is made between
the parties concerning the change of use and the income therefrom,
the approval of the Optionor for the change in i.se may be withheld.
In such event, the Optionor's withholding of approval of such change
in use shall not be deemed unreasonable.
-2-
BK i 3954po 08
C. Optionee shall pay all, taxes, charges and assessments of
all.kinds assessed against the leased land and other property thereon.
D. Optionee shall pay for all construction costs for any .
demolition or building -done on the leased premises. Said construction
shall be subject to approval by Optionor.
E. Optionor shall not be required or obligated to make any
changes, alterations, additions, improvements, or repairs in, on, or
about the leased land, or any _part thereof, during the term of this
lease.
-F. Optionee shall, at its cost and expense, at all times
during the term of the lease, maintain in force, for the joint benefit
of Optionor and Optionee, a broad form comprehesive-coverage policy
of public liability insurance as well -as all other insurance requested
by Optionor.
G. Optionee shall not encumber, assign or otherwise transfer
the lease or any right thereunder without prior written consent and
approval of Optionor. Optionor agrees that suca consent shall not
be unreasonably withheld.
2. Paragraph 2. of the Option Contract dated May 1, 1979, is
hereby amended as follows:
On or before December 15, 1979, Optionee shall give Optionor,
by notice in writing, formal notice as to whether Optionee desires
to exercise the option or to extend the terms of the option until
July 1, 1980. In the event no notice in writing is given by the
hour of 5;00 P.M., December 15, 1979, this option shall automatically
terminate without notice. In the event the option has been extended
pursuant to notice duly given, on or before June 16, 1180, Optionee shal,
give to Optionor, by notice in writing, formal notice as to whether
Optionee desires to exercise the option or to further extend the terms
of the option until January 1, 1931. In the event no notice in writing
is given as to whether or not Opt;ionee desires to exercise the option
or to further extend the terms of the option until said January 1,
1981, then and in that event, this option shall automatically terminate
without notice. In the event Optionee gives notice to extend this
option until -January 1, 1981, then and in that event, this option
shall be exercised only by a notipe in writing signed and delivered
by Optionee to Optionor no later than 5;00 P.M. on December 15, 1980,
at which time, if not exercised, by notice in writing to the Optionor,
this option shall automatically terminate without notice.
3. Paragraph 3. of the Option Contract dated May 1, 1979, is
hereby amended as follows:
-3-
This option is granted in consideration of the sum of $600.
payable on the lst day of May,.1979, and a further sum of $4,200.1
payable in monthly installments of -$600. per month on the first day
of. each and every month thereafter for the months of June, July,
August, September, October, November, and December, 1979. In the
event the option is extended by notice duly given to the Optionor
by the Optionee, the Optionee agrees to pay the sum of $6,000.,
payable in installments of $1,000. per month, payable on the first
day of each and every month for the months of January, February,
March, April, May and June, 1980, In the event this.option is further
extended by notice duly given to the Optionor by the Optionee, as
herein provided, Optionee agrees to pay the sum of,$9,000., payable
in installments of $1500, per month,' payable on the first day of
each and every month,' for the months of July, august, _ -September,
October,. November, and December, 1980'r respectively. Time is of the
essence and failure on the part of Optionee to make timely payments
as herein -provided shall result in the automatic termination of this
option without notice.
4. All other terms, covenants, promises and matters contained
in the Option Contract dated May 1, 1979, are hereby ratified,
approved, and taken with this Agreement to Arzerd same, shall be
deemed a part hereof.
5. By this Agreement, for valuable consideration, Optionee
hereby assigns and transfers to T&W Investors, a. California Limited
Partnership, all of the rights, title and interest of Optionee
in and to the Option Contract and Amendment thereto, Optionee agrees
that it shall, at such time or times as T&W Investors, a Limited
Partnership, may so request, do further acts and execute, acknowledge,
and deliver -such further assignments and assurances as may reasonably
_ be required to effectively transfer to T&W Investors, a Limited
Partnership, or its successors or assigns, all of the right, title
and interest of Optionee in and to the option,
6. Optionee hereby agrees to execute concurrently herewith, a
Guaranty Agreement which is attached hereto, marked Exhibit B, and
made a part hereof by reference.
7. Optionor, pursuant to provisions of Paragraph 4 of the Option
Contract, dated May 1, 1979, hereby consents to the assignment and
transfer by Optionee to T&W Investors, a Limited Partnership, of the
option and the rights of Optionee thereunder. "his consent to
assignment shall not be deemed of construed as a consent to any
further assignment by T&W Investors, a Limited Partnership, of the
option or any interest therein, nor shall it be deemed or construed
as a waiver by Optionor of the right to object to any further assign-
ment by T&W Investors, a. Limited* Partnership, oJE the option or any
interest therein.
-4-
8. It is agreed that subsequent to the exercise of the option,
Optionor shall have the right to retain for its use the area to the
rear of the leased premises currently utilized for a storage and work
area and Optionor shall not be charged rental therefor. Optionee
agrees to give Optionor 90 days notice of Optionee's intent to utilize
the aforementioned storage and work area for Optionee's purposes and
Optionor agrees to vacate said area within said 90 days..
IN WITNESS WHEREOF, Optionor and Optionee have executed this
Amendment to Option Contract, Assignment and Consent to Assignment
on the date first above written at Newport Beach, California.
OPTIONOR:
THUR MEL O
IDA D. MELLO
OPTIONEE:
A ERT BD N- SUR
1
TMUMAS CORRIGAN o j
MARGE C RIGAN
HERMAN HARRIS
-s-
i
BK 3954PC 101
LEGAL DESCRIPTION OF
THE REAL PROPERTY SUBJECT
TO THE OPTION
PARCEL ONE: Lots 4, 5 and 6 in block 225 of section "A"
as per map recordedl.in Book 4, Page 21 of P.iscellaneous
Maps,'records of Orange County, California.
PARCEL. TWO: Lots .7 and 8 in block 225 of section A New-
port Beach tract, - as per map recorded in Book 4, Page'2
Of Miscellaneous Maps; records of said county.
EXHIBIT A
EXHIBIT A
BK 1 3054pc - 102
(C t. 10/4
i r
e of
GUARANTY
THIS GUARANTY, executed this .77 day of 8;9!="o-
ber, 1979, by and among ALBERT ABDUN-NUR, THOMAS-. CORRI=
GAN, MARGE CORRIGAN,, SHERMAN HARRIS and MAXINE HARRIS
(hereinafter referred ,to . as "Guarantors") , in favor of
ARTHUR MELLO and IDA D. MELLO (hereinafter referred to
as "Optionors");
W I T N E S S E T Hr
WHEREAS, concurrently herewith, Guarantors have as-
signed and transferred to T & W Investors, a California
limited partnership (hereinafter referred* to as "Assignee"),
all of the right, title and interest of Guarantors in and
to that certain Option Contract dated May 1, 1979 (here-
inafter referred to as the -"Option") pursuant to which
Optionors have granted to Guarantors the right and option
to lease that certain real property described in Exhibit
A hereto; and
WHEREAS, to induce Optionors to consent to said as-
signment and transfer, Guarantors have agreed that in
the event Assignee exercises said option, Guarantors shall
FYWIPIT P
BK 13-54P0 103
guarantee the performance by Assignee of -its obligationE
as lessee under the lease to be executed between Option-
ors and Assignee under the terms of the Option, for the
term and upon the terms and subject to the conditions
hereinafter set forth;
NOW, THEREFORE, for valuable consideration, receipt
of which is hereby acknowledged by Guarantors, Guaran-
tors and Optionors hereby agree as follows:
1. In the event Assignee exercises the option
granted by the Option and Optionors and Assignee there-
after execute a lease of the real property which is the
subject thereof upon the terms set forth in the Option
(hereinafter referred to as the "Lease"), Guarantors
jointly and severally hereby unconditionally guarantee,
during the period commencing on the: date of commencement
of the term of the lease and ending on the fifth anni-
versary thereof, the full performance and observation of
all of the covenants, conditions and obligations requirec
to be kept, observed or performed by Assignee as the
lessee under the Lease.
2. Guarantors hereby authorize Optionors without
notice or demand, and without affecting their liability
EXHUT 0
4
1
B K 319) 4 c 1 04
hereunder, from time to time to: (a) change the time or
manner of payment of the rent and other obligations of
Assignee under the Lease; -(b) assign the Lease or the
obligations of Assignee under the Lease; (c) take and
hold security for the performance of the obligations of
Assignee under the Lease, and exchange, enforce, waive
and release any such security; (d) apply such security
and direct the order or manner of sale thereof as Op-
tionors in their sole discretion may determipe; and (e)
compromise, waive, settle, release or renew any of the
obligations of Assignee as lessee under the Lease. Op-
tionors may without notice to Guarantors assign their
rights under this Guaranty in whole or in part.
3. Guarantors waive any right to require Optionors
to: (a) proceed against Assignee; (b) proceed against
or exhaust any security held from Assignee; (c) pursue
any other remedy in the power of Optionors; -Dr (d) notify
Guarantors of any default by Assignee in the performance
of any term, covenant or condition in the Lease required
to be kept, observed or performed by Assicnee. Guarantors
waive any defense arising by reason of any disability or
EXHIBIT 8
BK 3954pe
other defense of Assignee or by reason of the cessation
from any cause whatsoever of the liability of Assignee,
it being the intent and purpose hereof that the obliga-
tions and liabilities of Guarantors hereunder shall not
be impaired, diminished, abated, or otherwise affected
by any setoff, defense -or counterclaim which Assignee
or Guarantors may have or claim to have, at any time or -
from time to time, or by the commencement by or against
Assignee or Guarantors of any proceedings under any bank-
ruptcy or insolvency law or laws, that Guarantors shall
.not be entitled to and do hereby waive any and all defenses
available to guarantors,, sureties and other secondary
parties at law or in equity, and that Guarantors shall
pay to Optionors, as a payment. obligation directly due
from Guarantors to Optionors, amounts equal to all amounts
which Assignee shall fail to faithfully and properly pay
when due under the Lease. Guarantors hereby waive all
presentments, demands for performance, notices of non-
performance, protests, notices of protest, notices of
dishonor, and notices of acceptance of this Guaranty-.
4. Guarantors hereby agree that their obligations
hereunder constitute a guaranty of performance and payment
EXHMIT 8
M
BK 1 3954p 106
when due and not of. collection and that the obligations
of Guarantors hereunder are independent of the obliga-
tions of Assignee. A separate -action or actions may be
brought and prosecuted against Guarantors, or any of
them, whether an action is brought against Assignee or
whether Assignee be joined in any such action or actions;
and Guarantors hereby waive the benefit of any statute
of limitations affecting the liability hereunder or the
enforcement thereof.
5. Guarantors hereby consent to the proposed amend-
ment of the Option to limit the rights of Assignee under
the Lease to demolish any existing improvements located
on the demised premises at the inception of the term of
the Lease, and agree t]iat such amendment shall not 4�.ffect
the liability of Guarantors hereunder.
6. This Guaranty shall inure to the benefit of
Optionors and their respective successors and assigns,
and shall, be binding upon Guarantors and their respec-
tive heirs, legal representatives, successors and assigns.
IN WITNESS WHEREOF, Guarantors have executed
Ekf;f�li A
f '
BK i 3 J, 5 4 po 107
this Guaranty on the date first above written.
J I 1
Marge Co igan
(Man Harris
Cel LA-,� islJt.c-cJ
Maxine Harris
"Guarantors"
IKtareor 9
1 3054PG 108
FLECEIVE:
JAN 14
ARCHI+TgKT_CiU
ONION CONTRACT
THIS AGREEMENT is made this qday of A)h Y , 19791-
at
979;at Newport Beach, California, between Arthur dello and Ida D. Mello,
hereinafter referred to as "Optionor," and Albert Abdun-Nur, Thomas
Corrigan, Marge Corrigan, Sherman Harris and Maxine Harris, herein-
after collectively referred to as "Optionee."
WHEREAS, Optionor is the owner of certain real property, here-
inafter referred to as "the property," located in_the City of Newport
Beach, County of Orange, State of California, and more particularly
described as:
PARCEL ONE: Lots 4, 5 and 6 in block 225 of section "A" as
per map recorded iri Book 4, Page 21 of Miscellaneous Maps,
records of Orange County, California.
PARCEL TWO: Lots 7 and 8 in block 225 of section A Newport
Beach tract, as per map recorded in Book 4, Page 21 of
Miscellaneous Maps, records of said county.
WHEREAS, Optionee desires to acquire the exclusive right to
lease the property at an agreed rental and under specified terms
and conditions without becoming obligated to do so;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. In the event Optionee exercises the option granted hereunder
on or before December 15, 1979, Optionor hereby grants to Optionee
the exclusive right to lease the property for a term of 33 years and
6 months commencing on'January 1, 1980 and ending on June 30, 2013,
at the total base rental, subject to cost of living increases, -of
$804,000., payable in monthly installments, on the first day of each
month in the amount of $2,000. Said monthly rental of $2,000. per
month, at the end of each five year period of the term of this lease,
shall be adjusted periodically by using the Consumer Price Index
published by the United States Department of Labor, Bureau of Labor
Statistics. Notwithstanding fluctuations in said Index, in no -event
shall the minimum monthly rental be less than $2,000. per month.
In the event Optionee exercises this option on June 16, 1980,
after an extension of the original option purzuant to notice provided
for herein, Optionor hereby grants to optio:ee the exclusive right
to lease the property for a term of 33 years, commencing on July 1,
1980, and ending on June 30, 2013, at the total base rental, subject
to cost of living increases, of $792,000., payable in monthly in-
stallments, on the first day of each month, ir. the amount of $2,000.
Said monthly rental of $2,000, per month, at the end of each five year
period of the term of this lease, shall be ad;usted periodically by
using the Consumer Price Index published by the United States
Department of Labor, Bureau of Labor Statistics. Notwithstanding
fluctuations in said Index, in no event shall the minimum monthly
rental be less than $2,000. per month.
y _
154po 1o9
BK 13
• - fir-
Further terms and conditions of said lease are as follows:
k' A. As and for consideration of Optionor executing the ,
-Y- lease referred to herein, Optionee will purchase the buildings
on the Optionor's property by :separate agreement between the
parties, for the total sum of ,$50,000. Said sum shall not be
'- deemed rent and shall be due and payable on the same date as
the commencement of the lease term which shall be either January.
1, 1980, or July 1, 1980, respectively.
'_- B. The property shall be used as a parking lot or parking
structure, however, in the event the Optionee desires to change the
use, such change in use shall only be -with the prior written consent
of the Optionor, which approval shall not be unreasonably withheld.
It is agreed that in the. event any such change in use occurs with
the approval of the Optionor, and that in the event the change i,n
use provides for increased income to the Optionee, the rent shall
be adjusted by the parties accordingly to the satisfaction of
Optionor and Optionee and in the event no agreement is made between
the parties concerning the change of use and the income therefrom,
the approval of the Optionor for the change in use may be withheld.
In such event, the Optionor's withholding of approval of such change
in use shall not be deemed unreasonable.
C. Optionee shall pay all taxes, charges and assessments of
all kinds assessed against the leased land and other property thereon.
D. Optionee shall pay for all construction costs for any
demolition or building done on the leased premises. Said construction
shall be subject to approval by Optionor.
E. Optionor shall not be required or obligated to make
any changes, alterations, additions, improvements, or repairs -in,
on, or about the leased land, or any part thereof, during the term
of this lease.
F. Optionee shall, at its cost and expense, at all times
during the term of the lease, maintain in force, for the joint benefit
of Optionor and Optionee, a broad form comprehensive coverage policy
of public liability insurance as well as all other insurance requested
by Optionor.
G. Optionee shall not encumber, or otherwise transfer
the lease or any right thereunder withc.ut prcr written consent and
approval of Optionor. Optionor agrees that such consent shall not
be unreasonably withheld.
2. On or before December 15, 1979, Optionee shall give Optionor,
by notice in writing, formal notice as to whether Optionee desires
to exercise the option or to extend the terms of the option until
_July 1, 1980. In the event no notice in writing is given by the
hour of 5:00 P.M., December 15, 1979, this option shall automatically
terminate without notice. In the. event the Optionee gives notice
f to extend this option until July .1, 1980, then and in that event,
this option shall be exercised only by a notice in writing signed.
and delivered by Optionee to Optionor no later than 5:00 P.M. on
.=une 16, 1980, at which time, if not exercised, by a notice in
writing to the Optionor, this option shall automatically terminate
without notice.
3. This option is granted in consideration of the sum of $600.
payable on the 1st day of May, 1979, and a further sum of $4,200.,
payable in monthly installments of $600. per month on the first day
of each and every month thereafter for the rnonths'of June, July,
August, September, October, November, and December, 1979. In the
Event the option is extended by notice duly given to the Optionor
by the Optionee, the'tOptionee agrees to pay the sum of $6,000.1
payable in installments pf $1,000. per month, payable on the first
day of each and every month for the months of January, February,
Larch, April, May and June, 1980. Time is of the essence and
failure on the.part of Optionee to make timely payments as herein
provided shall result in the automatic termination of this option
without notice.
4. This option is nonassignable and any attempted assignment
hereof by Optionee is void and shall cause this Agreement automatically
to terminate without notice unless such assignment is approved in
writing by the Optionor. Upon a showing by the Optionee to the
satisfaction of the Optionor that the proposed assignee is at least
as financially capable to satisfy the terms and conditions of this
option and the proposed lease, Optionor shall not unreasonably
withhold consent to any assignment. In the event the proposed
assignee is not, in the opinion of the Optionor, as financial cap-
able to meet the financial duties imposed by this option and the
proposed lease, then and in that event, any withholding of consent
by the Optionor shall: not be deemed unreasonable.
S. In the event that this option is not exercised within the time
herein specified, all. sums paid herefore shall be retained by Optionor
as consideration for granting of this option.
6. All rents and profits collected by the Optionor during the
term of this opt;�on shall remain his sole and separate property and
O?tionee shall have no claim to any such sum.
7. Notices herein required to be given to Optionor or Optionee
shall be given either personally or by registered or certified mail,
postage prepaid, addressed to such party at their last know address
and, if given by mail, shall be deemed delivered as of the date
deposited in the United States mial.
8. This agreement contains the entire agreement between the
parties relating to the option herein granted. Any oral representation;
or modifications here before or hereafter made concerning the option
shall be of no force and effect, provided, however, this agreement
may be altered in the future by written agreement of the parties.
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BK 13054PC,
110
f to extend this option until July .1, 1980, then and in that event,
this option shall be exercised only by a notice in writing signed.
and delivered by Optionee to Optionor no later than 5:00 P.M. on
.=une 16, 1980, at which time, if not exercised, by a notice in
writing to the Optionor, this option shall automatically terminate
without notice.
3. This option is granted in consideration of the sum of $600.
payable on the 1st day of May, 1979, and a further sum of $4,200.,
payable in monthly installments of $600. per month on the first day
of each and every month thereafter for the rnonths'of June, July,
August, September, October, November, and December, 1979. In the
Event the option is extended by notice duly given to the Optionor
by the Optionee, the'tOptionee agrees to pay the sum of $6,000.1
payable in installments pf $1,000. per month, payable on the first
day of each and every month for the months of January, February,
Larch, April, May and June, 1980. Time is of the essence and
failure on the.part of Optionee to make timely payments as herein
provided shall result in the automatic termination of this option
without notice.
4. This option is nonassignable and any attempted assignment
hereof by Optionee is void and shall cause this Agreement automatically
to terminate without notice unless such assignment is approved in
writing by the Optionor. Upon a showing by the Optionee to the
satisfaction of the Optionor that the proposed assignee is at least
as financially capable to satisfy the terms and conditions of this
option and the proposed lease, Optionor shall not unreasonably
withhold consent to any assignment. In the event the proposed
assignee is not, in the opinion of the Optionor, as financial cap-
able to meet the financial duties imposed by this option and the
proposed lease, then and in that event, any withholding of consent
by the Optionor shall: not be deemed unreasonable.
S. In the event that this option is not exercised within the time
herein specified, all. sums paid herefore shall be retained by Optionor
as consideration for granting of this option.
6. All rents and profits collected by the Optionor during the
term of this opt;�on shall remain his sole and separate property and
O?tionee shall have no claim to any such sum.
7. Notices herein required to be given to Optionor or Optionee
shall be given either personally or by registered or certified mail,
postage prepaid, addressed to such party at their last know address
and, if given by mail, shall be deemed delivered as of the date
deposited in the United States mial.
8. This agreement contains the entire agreement between the
parties relating to the option herein granted. Any oral representation;
or modifications here before or hereafter made concerning the option
shall be of no force and effect, provided, however, this agreement
may be altered in the future by written agreement of the parties.
BK 1 3954p
9- In an -
°1 this agreement action
which brought
entitled prevailin be to
addition to rec°ver from the g part enforce t
to his costs and Other Y in Such action he Provisions
necessary a reasonable shad be
10. This Y disbursementsattorney�s fee in
thepective heirs agreement shall bind and
Paz -ties Personal representative,
the benefit of t
hereto, - fives
ssars, and the.
11- On the timelyassigns of
Provided, Optionor exercise of
with the to shall cause this option b `
be executed
terms provisions the lease to Y OPtionee as
acknowled °f this a r be prepared herein
OPtionee, as Lessee Jed by Ot is agreement and 1n conformance
of,the exercise ' whenever re . as Lessor Said. lease shall
to be bound b of the option- requiredby either ' and executed b
therein the y all the terms and from such date arty -after the date
same as of the ' covenants the parties e
lease had ' and conditions agree
ExecutedNewport
been actually executed. s contained
in Ne Beach
day and year first above written. county, Y, Californ3a, .
on thA
OPTIONED:
` ALBERT ANDUN-N't
jr
ORRIGAN
�`IARGE CORRILG
AN /?
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SHERMAAt HARRIS •"'--
MAXI HARRIS
d
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OPTION AGREEMENT
BK
This agreement made at Orange County, California by and
between JOHN WESTREM, hereinafter referred to as "Optionor"
and PETER M. TONTI, managing general partner of a partnership
doing business as TONTI-WALKER INVESTORS, hereinafter referred
to as "Optionee".
WHEREAS, Optionor is the owner of certain real property
situated in Orange County, hereinafter referred to as "the
proper -k --y", herein described as Lots 10 and 11 Block 230, Lan -
casters Addition to Newport Beach as shown on map recorded in
Book 5, page 14 of Miscellaneous Maps, Records of Orange County,
State of California.
WHEREAS, Optionee desires to acquire the exclusive right
to lease the property under the terms and conditions as set
forth in Exhibit A attached to the option agreement and made a
part of this agreement.
NOW, THEREFORE, it is agreed as follows:
1. Grant of Option. Optinor hereby grants to Optionee the
exclusive right to lease the property at a price and under the
terms and conditions set forth in Exhibit A.
2. Option -Period. This option shall commence as of the
date this agreement is signed by both parties and shall continue
for a period not to exceed six (&) months or upon approval of
optionee's plans by the City of Newport Beach, and the South
Coast Regional Coastal Plan, whichever date is the sooner.
This agreement shall be void and of no force and effect if optionee
fails to execute a written lease within 10 days from the date
option agreement expires.
31'
BK 1 33- 54po i
3. Consider ion. This option is gra, ed in consideration
of Optionee's payment to Optionor of the sura of $1,000.00 upon
signing the option agreement.
4. Retention of Consideration. Whether this option is ex-
ercised in accordance with its terms, or is not exercised, all
sums paid and services rendered to optionee shall be retained
by Optionor in consideration of the granting of this option.
5. Automatic Termination. If Optionee fails to exercise
this option in accordance with its terms and within the option
period or any extension thereof, then this option and the rights
of Optionee shall automatically and immediately terminate without
notice.
6. Exercise of Option. Optionee may exercise this option
by signing a lease. The basic provisions shall be as set forth.
under Exhibit A.
7. Assignability of Option. Optionee may not assign this
agreement. In the event an attempt of assignment is made in
violation of this provision, the optionee's rights under this
agreement shall automatically terminate without notice.
8. Notices. Unless otherwise provided herein, any notice,
tender, or delivery to be given hereunder by either party to the
other may be effected by personal delivery in writing or by
registered or certified mail, postage prepaid, return receipt
requested, and shall be deemed communicated as of mailing.
Mailed notices shall be addressed as set forth below, but each
party may change his address by written notice in accordance
with this paragraph.
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To ptionor : John Westrem 8 -3 5 4 PG 4
1006 E. Balboa Blvd.
Balboa, CA 92661
To Optionee: Peter M. Tonti
9. Entire Agreement. This instrument contains the entire
Agreement between the parties relating to the option herein
granted. Any oral representations or modifications concerning
this instrument shall be of no force and effect excepting a sub-
sequent modification in writing, signed by the party to be
charged.
10. Attorney's Fees. In the event of any controversy, claim,
or dispute between the parties hereto, arising out of or relating
to this Agreement or the breach thereof, the prevailing party
shall be entitled, in addition to such other relief as may be
granted, to a reasonable sum as and for attorney's fees in such
litigation which shall be determined by the court in such liti-
gation or in a separate action brought for that purpose.
IN WITNESS WHEREOF, the parties hereto have executed this
Option Agreement on this /Y& -day of November, 1980 at
Newport Beach, California.
Optionor:
� f
John Westrem
i
i
i
Optionee:
Peter M. T6nti-
Managing General Partner of
Tonti Walker Investors,
a Partnership
i
EXHIBIT A BK 1v5 4 pv15
agreement for lease---Provision--Lease subject to approval of
attorneys:
.This Agreement is made to insure execution by the parties of a lease
containing the terms and conditions established and approved by the
attorneys of the parties When the lease is prepared, it shall be
reviewed and approved by the attorneys of the parties to insure in-
corporation of the provisions herein.
1. Use of the Property
The property will be used by Optionee-Lessee for a parking lot.
Lessee will pay the cost of surfacing, landscaping, and maintaining
the parking lot area. The parking lot area will be swept daily and
remain free of bottles, glass and other debris that maybe left in
the area. The parking area will be "attendant parking" only.
2. Initial Term
The initial term shall be for 5 years, with the commencement date
of the lease beginning on the date following the expiration of the
option agreement as provided in Paragraph 2 entitled OPTION PERIOD.
3. Extension of Term
The term of this lease may be -extended at option of Lessee for two
successive periods. Such option to extend shall be exercised by the
Lessee giving written notice to the Lessor not more than 24 nor
less than 12 months prior to the expiration of the then existing
term.
Each extended term shall be upon the same terms, covenants, and con-
ditions as provided in this lease for the initial term. The Ten 't
F ��
shall not be permitted to extend this lease beyond the second ex-
CO
tended.term. Any termination of this lease c._ring the initial term
or during any extended term shall terminate all rights of extension
GGA
hereunder.. CT
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4. Basic Rent --
All rent hereinafter provided shall be payable in advance on or be-
fore the first day`of each month during the term specified. The
first monthly installment shall be payable on the date the lease
commences. Basic monthly rent for any partial month shall be pro-
rated at the rate of 1/30th of the basic monthly rent per day.
5. Minimum Rent
The base rent agreed to as the date of this option agreement is
$1,700 per month. Said minimum rent shall be increased at the time
the lease commences if the Consumer Price Index U.S. Bureau of Labor
Statistics, all items Urban Wage Earners and Clerical Workers
(Los Angeles, Long Beach and _Anaheim) increased over -the -base period
index. The base period index shall be the index for the calendar
month which is three months prior to November, 1980. At the time
the lease commences a comparison will be made for this base period
and the period three months preceding the commencement of the lease.
If the C.P.I. index at that time is higher than the base period
index, then the minimum rent for the first year of the lease shall
be increased by said percentage. In no event shall the minimum
rent be less than $1,700 at the commencement of the lease. For
purposes of simplification, increases in rent will be adjusted to
the neared 1/2 percent or to the next whole percent. For example,
-2-
an increase of .1 ti did be increased to 1/2n; ' n� incxeas�e sof
.6 would be increased to l percent.
The new minimum rent shall be compared with,the base index
used at the time the lease commenced and shall be compared with the
index for 12 months following that base period. If the C.P.I. has
increased over the 12 month period then the minimum rent shall -be
increased by that percentage. In no event shall the minimum rental
be less than the monthly rental for the previous 12 months. The
monthly rental for each subsequent year commencing on the anniver-
sary date of the lease, including the exercise of any option periods
extending the lease shall be increased by the C.P.I. for that lease
year, but in no event shall the rent be less than the minimum rent
for the previous 12 month period.
Any adjustment of the minimum monthly rent as provided in
this lease, the parties shall immediately execute an amendment to
the lease stating the new monthly rent.
Should the Bureau discontinue the publication of the above
Index, or publish same less frequently, or alter same in some other
manner, then Landlord shall adopt as sole judge a substitute index
or substitute procedure which reasonably reflects and monitors con-
sumer prices. _
6. Taxes
In addition to the rentals, Lessee shall pay and discharge
all taxes, general and special assessments and other charges of
every description which during the term of this Lease may be levied
upon or assessed against the Leased Land -and all interests therein
and all improvements and other property thereon, whether beloning
to Lessor or Lessee, or to which either of them may become liable.r
-3-
L
SLibject to Lessee's right to pay taxes in installments, as provided
below, all payments to be made by Lessee pursuant to this article
shall be made not later than 15 days before any fine, penalty, in- `
CA
terest or costs may be added thereto for nonpayment. Lessee shall
order and pay for a tax agency service which will report payment
0
and delinquencies of such taxes to Lessor -for the --term of this Lease.
This Lease is intended to be a net Lease to the Lessor under
which Lessee shall pay all expenses, damages and deductions of
every kind or sort, whatsoever that would have been chargeable
against said premises and paid for by the Lessor.
Lessor shall receive the rents, additional rents, and all
sums payable by Lessee under this Lease free of all taxes, expenses,
charges, damages, and deductions of any nature whatsoever, and
Lessee covenants and agrees to pay all sums that, except for this
Lease, would have been chargeable against the leased property and
payable by Lessor. Lessee shall, however, be under no obligation
to pay interest on any mortgage on the fee of the leased property,
any franchise or income tax payable by Lessor, or any gift, inheri-
tance, transfer, estate, or succession tax by reason of any present
or future law which may be enacted during the term of this Lease.
7. Lessee to Install and Pay for Utilities
Lessee shall determine the availability of and shall, at its
sole cost and expense, cause to be installed in, on, and about the
Leased Land all facilities necessary to supply all water, sewage,
gas, electricity, telephone, and other like services required in
Lessee's operations, and during the Lease Term, Lessee agrees to
pay all charges and expenses in connection therewith and to protect
Lessor and the Leased Land therefrom.
{
3. Repairs and Rest,-ation - No Responsibilit of Lessor
Lessor shall not.be required or obligated to make any changes,
alterations, additions, improvements, or repairs in, on, or about
the Leased Land, or any part thereof, during the term of this Lease. -
9. Lessee's Duty to Maintain Premises
At all times during the term Lessee shall, at its cost and
expense, keep and maintain said Land and all improvements thereon
and all facilities appurtenant thereto in good order and repair and
safe condition, and the whole of the land, improvements, and land-
scaping in a clean, sanitary, orderly, and attractive condition.
Lessee shall make any and all additions to or alterations or repairs
in and about the land and the improvements which may be required by
and shall otherwise observe and comply with all public laws, ordinan-
ces, and regulations from time to time applicable to the Land; and
Lessee shall indemnify and save harmless Lessor against all actions,
claims, and damages by reason of Lessee's failure to complywith
and perform the provisions of this section.
10. Lessee's Liability Insurance
Lessee shall, at its cost and expense, at all times during the
term of this Lease, maintain in force, for the joint benefit of
Lessor and Lessee, a broad form comprehensive coverage policy of
public liability insurance by the terms of which Lessor and Lessee
are named as insured and are indemnified against liability for dam-
age or injury to the property or person (including death) of any
Lessee or invitee of Lessee or any other person entering upon or
using the Leased Land, or any structure thereon, or any part there-
of, and arising from the use and occupancy thereof. Such insurance
policy or policies shall be maintained on the minimum basis of
q � !
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t V C' 120
$�,r 0Q
0 000 for damn to property and $1,000,-90 ��o � bo�di y injury
or death in any one accident. Such insurance policy or policies
shall be stated to be primary and noncontributing with any insur-
ance which may be carried by Lessor, and Lessee shall deliver to
Lessor the certificate of each insurance carrier as to each such
insurance policy.
11. Indemnification of Lessor
Lessor shall not be liable for any loss, damage, or injury
of any kind or character to any person or property arising from
any use of the Leased Land or any part thereof, or caused by any
defect in any building, structure, or other improvement thereon or
in any equipment or other facility therein, or caused by or arising
from any act or omission of Lessee, or of any of its agents, em-
ployees, licensees, or invitees, or by or from any accident on the
land or any fire or other casualty thereon, or occasioned by the
failure of Lessee to maintain the premises in safe condition, or
arising from any other cause whatsoever; and Lessee, as a material
part of the consideration of this Lease, hereby waives on its behalf
all claims and demands against Lessor for any such loss, damage,
or injury of Lessee, and hereby agrees to indemnify and hold Lessor
entirely free and harmless from all liability for any such loss,
damage, or injury of other persons, and from all costs and expenses
arising therefrom.
12. Lessee's Pssumption of Existing Leases
The Lessor hereby assigns to the Lessee all of Lessor's
right, title, and interest in and to the existing tenancy, and the
Lessee agrees at its own cost and expense to perform all of the
duties and obligations of the Lessor thereunder, Lessee agreeing
BK 9
to indemnify and t� hold harmless the Lessor gainst all claims an
demands that may arise against Lessor or Lessee as a result of said
existing tenancy and any claimed or alleged rights thereunder. It
is the intent and purpose of this clause that the Lessee assumes
full responsibility for the existing tenancy and will be entitled
to the rent paid by said tenant in the sum of .$_325_..00__per;month. -
Lessee shall be entitled to all rights of Lessor in collecting said
rents or in terminating said tenancy.
13. Security Deposit
Lessee has, contemporaneously with the execution of this
Lease, and in addition to the payment of the first and last months'
rent, deposited with Lessor the sum of $10,000, --receipt whereof
is hereby acknowledged by Lessor, such sum being referred to as the
"Security Deposit."
14. Use of Deposit
If at any time during the term of this Lease any of the rent
shall be overdue and unpaid, or any other sum payable by Lessee .to
Lessor shall be overdue and unpaid, then Lessor -may, at its option
(but Lessor shall not be required to) appropriate and apply any
portion of the Security Deposit to the payment of any_such overdue
rent or other sum. In the event of the failure of Lessee to keep
and perform all of the terms, covenants and conditions of this
Lease to be kept and performed by Lessee, the, at its option, Les-
sor may, after terminating the Lease, appropriate and apply the
entire Security Deposit, or so much thereof as may be necessary, to
compensate Lessor for all loss or damage sustained or suffered by
Lessor due to such breach on the part of Lessee.
7�
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y
i
14 . Restoration of osit BK 13 v) 5 4 Po 1 2 2
Should the entire Security Deposit or any portion thereof be
appropriated and applied by Lessor for the payment of overdue rent
or other sums due and payable to Lessor by Lessee, then Lessee
shall, upon written demand of Lessor, forthwith remit to Lessor a
sufficient amount in cash to restore such security to the original_
Security Deposit, the Lessee's failure to do so within ten (10)
days after receipt of such demand shall constitute a breach of this
Lease. Lessor shall not be required to keep the deposit separate
from its general funds.
15. Return of Deposit. Should Lessee comply with all of the terms,
covenants, and conditions, and promptly pay all of the rental as
it falls due, and all other sums payable by Lessee to Lessor here-
under, the Security Deposit shall be returned in full to Lessee
without interest at the termination of this Lease.
16. Assignment
Landlord's Consent Required. Tenant shall not voluntarily
or by operation of law assign or sublet this Lease, or otherwise
transfer, all of Tenant's interest in this Lease or in the premises
O'r
without Lessee's, rior written consent and any attempt to do so
without such'con�ent being first had and obtained p
t shall b� wholly
void and shall constitute a breach of this Lease.
Reasonable Consent. If Lessee complies with the following
conditions, Lessor shall not unreasonably withhold its consent to
the assignment or sublease of the Lease. Lessee shall submit in
writing to Lessor (a) the name and legal composition of the pro-
posed Assignee or Sublessee; (b) the nature of the proposed
Assignee's or Sublessee's business to be carried on in the premises;
• i
BK 1 �J54Pc I 3
(c) the terms and provisions of this proposed Assignment or
Sublease: (d) such reasonable financial information as Lessor
may request concerning the proposed Assignee or Sublessee.
No Release of Tenant. No consent by Lessor to any Assign-
ment or Sublease shall relieve Lessee of any obligation to be
performed by Lessee under this Lease, whether occurring before
or after such consent, or Assignment of the Lease. The consent
by Lessor to any Assignment or Sublease shall not relieve Lessee
from the obligation to obtain Lessor's express written consent
to any other such Assignment of the Lease or subletting of the
premises. The acceptance of rent by Lessor from any other person
shall not be deemed to be a waiver by Lessor of any provision
of this Lease, or to be a consent to any Assignment, subletting_
or any other transfer shall not be deemed to constitute consent
to any subsequent Assignment, subletting or any other transfer.
COMMISSIONERS
X
i cu
n 01
ROLL CALL
September 4, 1980
City Of Newport Bead
1K 1 v 9 5 4 p c 12 4
MINUTES
Request to convert and remodel an existing struc-
ture into a restaurant and cor-�-err_ai fish market
with on -sale alcoholic beverages in the M-1
District. The proposal also includes the request
to accept an offsite parking agreement for the
required offstreet parking spaces. A modifica-
tion to the Zoning Code is also requested, since
a portion of the subject offstree` parking spaces
are tandem spaces (where the Ordinance requires
that all parking spaces shall be accessible).
Furthermore, a portion of the offsite parking
spaces encroach 4' or 5' into the required 10'
rear yards adjacent to an alley.
LOCATION: Lot Nos. 1 and 2, Block 425, Lan-
caster's Addition to 'Iewport Beach,
located at 2800 Lafayette Avenue
on the northeasterly corner of
Lafayette Avenue and 28th Street
in Cannery Village.
ZONE: M-1
APPLICANT:
OWNER:
Archi-Tekton, Incorperated,
Newport Beach
Tonti-Walker Investors Incorporated,
Irvine
The Public Ilearinq was opened r c>rnection with
this item and Mr. Peter Tonti, Ger=ral Partner,
appeared before the Commission and, stated tha.t
they are in agreement with the recor-'nendations
of the staff report. Mr. Tont; stated that the
architect was also present to ansri-r any questions
He presented to the Commission an artist render-
ing of the project depicting the r-staurant and
surrounding area.
Mr. Sergio Villa, owner of - �_ = r ; to Res taur�
appeared before the Com[iso _ LL ____ed that he
agrees with the project, but ;' ;:.'z recommend two
items. First, to try and e1ir-=r=_ = lre congestion
that may happen in the area wi th !-is restaurant,
and secondly, he would like an er,c-cac^went grante
on his property, as well as the =I-,- : property
of the applicant so as to provi4e •._=hicular access
to Newport Boulevard.
USIDI ' 14—,z "_z
INDEX
Item #15
1SE PERMIT
NO. 1949
kPPROVED
;ONDI-
-IONALLY
nt,
COMMISSIONERS September 4, 1980
� � D
City of NPwnnrt RParh
ROLL CALL
Motion
Ayes _
Absent
X I X1 d Ix L
BK ? %30,v4Pc 125
MINUTES
Mr. Tonti suggested that he meet with Mr_ Villa,
the City's Traffic and Planninc---partments to
discuss any alternative soluticn-S that would
assist the flow of traffic between all the stores
in the area.
Mr. Villa stated that he is wiling to dedicate
five feet of his property for an easement or
right-of-way between his property and the appli-
cants to help ease congestion. Commissioner
Balalis stated that this may create a traffic
problem onto Newport Boulevard_
Commissioner Balalis asked Mr. Tonti to explain
the parking arrangements. Mr. Tonti stated that
all three parking lots will be valet parking.
He also stated that these lots will, be land-
scaped and controlled.
Mr. Villa stated that he would also recommend
landscaping for privacy of the residential use
he owns, if the easement cannot be agreed-upon.
Ms. Paula Schoepe, business owrer in the area,
stated that she is for approval of this request,
and would be happy to answer ar_� ,uestions the
Commission may have about the are.'_
Motion was made that the Planning Commission ac-
cept the Environmental Docunert with the Bindings
below and approve Use Permit No. ;949 subject
to the findings and conditions as follows:
FINDINGS - ENVIRONMENTAL DOCUPENT
1. That an Initial Study and enat ve Decl,aratioi
has been prepared in complair_e with the
California Environmental Gual-ty Act, and
that their contents have been considered in
the decisions on this pro e t,
2. That based on the infor7at`_r --stained in
the Negative Declaration,_ - rr in-
corporates sufficient m:it= t=; ,r measures to
reduce potentially-significan environmental
effects, and that the project °Kill not result
in significant environmental =_-:.pacts _
-47-
INDEX
BK 1 3954p 126
COMMISSIONERS �ptember 4, 1980' MINUTES
CF IitY p of New ort Beach
ROLL CALL
INDEX
FINDINGS - USE PERMIT NO. 1949
1. That the proposed use is consistent with the
City of Newport Beach General Plan and is
compatible with surrounding la^Fd uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that they
do not contemplate any problems.
4. The proposed structure is in keeping with the
desired character of the Specific Plan Area
as identified by the General Plan.
5. The proposed use will not preclude the attain-
ment of the Specific Area Plan -objectives
stated in the Land Use Element of the General
Plan.
6. That the establishment of off-street parking
in the required ten foot alley setback, and
tandem parking spaces will not, under the
circumstances of the particulate case, be
detrimental to the health, safety, peace,
comfort and general welfare of persons re-
siding or working in the neigh orhood of
such proposed use or be detrimental or in-
jurious to property and improvim,er.ts in the
neighborhood or the general welfare of the
City, and further that the proposed modifi-
cation is consistent with the legislative
intent of Title 20 of the Municipal Code.
7. The approval of Use Permit No. 19,19 will not,
under the circumstances of this case, be
detrimental to the health, ,alc-ty, peace,
morals, comfort and (general w l rare of
persons residing and working t,e neighbor-
hood or be detrimental or it,u-io;:s to proper-
ty or improvements in the neicR�o-rhood or the
general welfare of the City.
8. The off-site parking areas are located so as
to be useful to the proposed uses.
-48-
COMMISSIONERS September 4, 1980` MINUTES
T
N City of Newport. Beach
ROLL CALL INDEX
9. The applicants are proposing to enter into
and record reciprocal parking and access
agreements.
10. The off-site parking spaces will not create
undue traffic hazards in true surrounding
areas. In fact, the proposed parking layout
of the subject parking lots will create
better automobile storage than now exists.
11. The City Traffic Engineer has no objections
with the off-site parking arrangement.
12. That the goals and objectives of the Local
Coastal Plan will not be prejudiced by this
decision. That this project is in no way
bearing on any other waterfront project.
13. That based on a careful review of the proposE
project and the testimony presented at the
public hearing, additional o`f-street parkin(
is not required to be provided for the com-
mercial slips.
14. That the hours of operation of the proposed
restaurant and commercial -ishing boats are
such so as to allow joint use of off-street
parking facilities that will not be detri-
mental to the peak occupancy of either use.
CONDITIONS:
1. That development shall be in substantial con-
formance with the approved plst plans, floor
plans and elevations.
2. That an off-site parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of thirty-siY`aarking spaces
shall be provided on Lots A, 5, 6, 7 and 8
of Block 225, �parking spaces shall be
provided on Lots 27 and 28 of Block 225; and
t.wenty-parking spaces shall b- provided on
Lois-.._5,and 6 of Block 425, Lancaster's Addi-
tion to Newport Beach, forh�_7- duration of
the proposed use-
-49-
COMMISSIONERS
ina;
ROLL CALL
I III III
September 4, 1980
ity of Newport Beach
8K 1,3954pc 12
MINUTES .
INDEX
3. That said agreements shall be signed by the
applicants prior to the issuance of building
permits.
4. That employees of the restaurant shall be
required to park on the approved off-site
parking lots, and three (3) spaces shall be
provided for the commercial slips during
their hours of operations.
5. That any mechanical equipment and trash areas
shall be screened from the adjoining resi-
dential property and fro r! abutting streets.
6. A Harbor Permit (for any portion of the
building over the water and for any work
done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a Coastal
Commission Permit shall be secured for the
proposed project.
7. If there is a transfer of ownership of the
uplands, the Harbor Permit small be trans-
ferred to the applicants.
8. During construction activities, debris shall
be prevented from entering the bay through
the use of traps and contain. -rent booms in a
manner satisfactory to the Planning, Buildin
and Marine Departments.
9. The site shall be subject to a grading per-
mit to be approved by the Building Departmen .
10. An erosion and dust control plan shall be
submitted with the grading permit applicatio
and will be subject to the a:)oroval of the
Building Director.
11. The erosion and siltation control plan shall
be approved by the Calir,r Regional Grater
Quality Control Board fV r- -"ra Region).
The plan must be sub-- '�e Board
thirty days prior :onstruction
activities.
12. The applicants shall maintain the site in
a clean and orderly canner ar,d will provide
the periodic debris collection and disposal.
-50-
COMMISSIONERS MItiUTES
September 4, 1980:
Cit
of NeWDort Beach
ROLL CALL1 1 i J (INDEX
13. The applicants shall provije -n-site reten-
tion basins (i.e., grease raas) and provide
for their maintenance, if reap~red by the
Building Department. The lain- erance pro-
gram shall be reviewed by the General Ser-
vices Director and approved b_r the Building
Department.
14. The applicants shall provide or weekly
vacuum sweeping of all surface parking areas.
15. The final design of the parking lots shall
be approved by the City's Traffic Engineer.
16. The project shall be landscaped as depicted
on the site plan including the proposed land-
scape planter areas in the off-site parking
lots. However, no landscapin or other
obstructions shall be permitted within 5 feet
of the alley right-of-way adjacent to off-site
Parking Lots 1 and 2.
17. The landscape plan shall see s!trject to the
review of the Parks, Reach--, and Recreation
Department and approval of thv Planning
Department.
18. The landscape plan shall include an irrigatio
plan designed to minimize mater usage and
prevent over -watering.
19. The landscape plan shall ircl:de a maintenanc,
program which controls the use of fertilizers
and pesticides.
20. The landscape plan shall =1 ac heavy emphasis
on the use of Brough t. -re,. i,: t.ar,' pati ve
vegetation.
21. Final design of the project ll provide for
the incorporation of water-sa;°;rig devices for
project lavatories and other Arte.• -using
facilities.
22. A provision for weekly dem= cleanup around
the commercial slip area s' -a„ be made prior
to the occupancy of the proposed project.
-51-
BK 13954Pc 130
COMMISSIONERS September 4, 1980 ,'MINUTES
-+ w
` N 7r y -S Cit of Newport City por Bead
ROLL CALLM INDEX
23. Prior to the occupancy of =,e building, a
program for the sorting of recyclable mater-
ial from other solid waste shall be develope
and approved by the Plannnc Department.
24. That the proposed par'kinq layouts shall be
subject to further review and approval by
the Public Works Department -
25. The use of valets for parking shall be re-
quired during all hours of operation.
26. A sufficient number of valets shall be em-
ployed to prevent restaurant customers from
having to wait in the street.
27. Due to the demand for parking in this area,
it will be necessary for the applicants to
ensure that the off-site parking lots are
not used by others, to the satisfaction of
the City Traffic Engineer..
28. That a minimum of one parking space for each
40 sq. ft. of "net public area" and one
parking space for each 250 sq. ft. of floor
area in the fish market shall be provided.
29. That all applicable condito^s of approval
of Resubdivision No. 550 rectuired for this
project be fulfilled.
30. That the existing underground fuel storage
facility located on the proposed off-site
Parking Lot No. 1 shall be removed or
filled in accordance with the requirements
of the Building Department_
31. That all improvements (curt. cutter, side-
walk and paveout) be constru ed along the
Villa Way and 28th Street --:Frontages of
Lots 27 and 28, Block 22=,th an access
ramp to be constructed a- -r= corner of
Villa Way and 28th Stree-. :--�,rovement
plans will be provides `.. - = lic Works
Department.
32. That the existing substarcUr� and deterior-
ated curb and sidewalk a? -r Newport Boule-
CONtti1ISSIONLRS, ', e p t e m b e r 4, 1980"
iE
City of Newport Beach
MIND f
vard adjacent to Lots 4 - 8., Block 225, be
reconstructed with new st=rcard curb and
gutter and full width sidewlalk. All unused
existing drive approaches stall be closed up
33. That full width concrete alley pavement be
constructed in the alley c,arallel to Newport
Boulevard, extending from ?"h Street to
the northerly line of Lot El 81ack 225. The
design will be provided by Public Works
Department.
34. That a fifteen -foot radius Earner cutoff
at the southwesterly corner of Villa Way
and 28th Street be dedicatee to the public.
35. That a standard agreement and accompanying
surety be provided to guarartee the satis-
factory completion of public improvements
if it is desired to obtain€silding Permits
before the public improve7merts are completed
36. That the applicant shall :art=gide docking
facilities for the existing commercial
fishing vessels, and assure any rate in-
creases will not exceed ccmr:ercial index
pricing and added cost, i= randated on
tideland fees.
37. That the retail seafood m ar4et shall be
limited to said use, with enc on -sale or
take-out food permitted.
38. That the project shall prov-; de elevator or
ramp access for handicapped to .the first
and second floors of the reStaurant.
39. That off-site Parking Lot aNs_ 3 be maintainer
in such a manner so as to p -a -vide 20 parking'
spaces and that existing µr_s*n bins and
materials be removed.
40. That the second -floor coc<;_a4l lounge of the
restaurant shall not be cue -o the public
prior to 6:00 p.m. during -e week and prior
to 12:00 noon on weekends.
-53-
CQUNCIL
.\ N,
ROLL CALL`
'''TY OF NEWPORT F `ARCH
October 27, 1980
1 3954p .132
MINUTES
INDEX
(b) Resolution No. 9906 authorizing the Mayor and UP 1.949
City Clerk to execute an Off -Site Parking C-2217
Agreement between the City of Newport Beach R-9906
and Tonti-Walker Investors, Inc., in connec- (38)
tion with Use Permit No. 1949 (2800 Lafayette
Avenue). (Report from the Planning Depart-
ment)
(c) Removed from the Consent Calendar.
(d) Resolution No. 9908 awarding a contract to Lee Roofing
Lee Roofing Company in connection with the C-2201
reroofing of City Hall (C-2201). (Report R-9908
from the Public Works Director) (38)
Vie) Resolution No. 9909 authorizing the Mayor and Simpson Agmt
\\ City Clerk to execute a Consulting Services 208/Study
Agreement between the City of Newport Beach C-2219
and Donald C. Simpson in connection with the R-9909
\208 Study. (Report from the Public Works (38)
Department)
(f) Re3olutlon No. 9910 estnblishllig the south Chnl P1./Pkg
side\of Channel Place between Marcus Avenue R-9910
and Rivo Alto as a no parking tow away zone. (64)
(Repor;t from the Traffic Affairs Committee)
(g) Resoluti\on No. 9911 authorizing the Mayor and Resub 611
City Cleric to execute a subdivision agreement R-9911
between Newport Beach and Temple Bat Yahm in
connection with public improvements required
with Resubdivision 611. (Report from the
Public Works'Department)
(h)
Resolution No. 9912 of the City Council of
Bic/Ped Funds
the City of Newport
ewp � t Beach approving the
SB821
application for bicycle and/or pedestrian
R-9912
funds authorized udder SB 821 and authorizing
(61)
the City Manager or\his designated representa-
tive to make application for the funds and to
act as the City's contact person. (Report
from the Public Works Department)
(i)
Resolution No. 9913 authorizing the Mayor and
KOCM/Hutton
City Clerk to execute a License Agreement
R-9913
between the City of Newport Beach and Hutton
(42)
Broadcasting Incorporated for the use and
maintenance of the radio traemitter and
transmitting tower near the lnt�rsection of
16th Street and Monrovia Avenue. (Report
from the Utilities Director/with agreement)
(j}
Resolution No. 9914 of the City Co\\uncil of
KOCM/Wstrn
the City of Newport Beach consenting to an
R-9914
assignment of a License Agreement from Hutton
(42)
Broadcasting Incorporated to Western Aeroad-
casting Company for the operation andm inte-
nance of a radio transmitter and transmi ting
tower on City -owned property near the int r -
section of 16th Street and Monrovia Avenue
contingent upon Federal Communications'
Commission approval. (See report with H -2(i\)
(Assignment attached) ��
Volume 34 - 262
15-
COMMISSIONERS
December 18, 1980
ROLL CALL
City of Newr)ort
Beach
8K 13054Pc 133
MINUTES
INDEX
Request to amend a previously approved use permit
Item #5
that permitted the remodel of an existing build-
ing so as to allow the establishment of a restau-
USE PERMI"
rant and commercial fish market with on -sale
NO. 1949
alcoholic beverages in the M-1 District. The
proposed amendment requests the deletion of cer-
tain conditions of approval of the original use
APPROVED
permit and the acceptance of a new off-site
CONDI-
parking agreement for a portion of the required
TIONALLY
parking spaces. A modification to the Zoning
Code is also requested since a portion of the
proposed off-site parking spaces encroach 4 feet
into the required 10 foot rear yard adjacent to
an alley.
LOCATION: Lots No. 1 and 2, Block 426, Lan-
caster's Addition to Newport Beach,
located at 2800 Lafayette Avenue on
the northeasterly corner of
Lafayette Avenue and 28th Street
in Cannery Village.
ZONE: M-1
APPLICANT:. Archi-Tekton, Inc., Newport Beach
OWNER: Tonti-Walker Investors,
Newport Beach
Planning Director Hewicker stated that the pro-
posed parking lot is currently being utilized as
a dry boat storage facility. He stated that the
parcel is not a waterfront parcel. He also state
that if this were a waterfront parcel under the
Local Coastal Program which is currently pending
before the City Council, the dry boat storage
would be considered as an incentive use under
the recreation and marine commercial designation
and would automatically be a permitted use.
Planning Director Hewicker stated that the Com-
mission should be aware that approval of this
application will recommend the replacement of a
dry boat storage facility with a parking lot for
a restaurant in Cannery Village.
The public hearing opened in connection with this
item and Mr. Peter Tonti, the applicant, appeared
before the Commission. Mr. Tonti stated that
-13-
r a ..
Motion
All Ayes
COMMIS92��ERS D ember 18, 1980 MINUTES
Ix
they presented this application to the Regional
Coastal Commission and received unanimous approva'
on same. He stated that the Coastal Commission
requirements are included in the staff report
requirements as found in Exhibit "A". Mr. Tonti
added that they are in total concurrence with the
findings and conditions as found in the staff
report.
'Commissioner Allen stated that the City is cur-
�rently considering a plan for the Rhine Channel
area, which would require an easement along the
waterfront. She asked Mr. Tonti if such a plan
were to be implemented, would he have any ob-
jections in connecting his sidewalk to adjacent
sidewalks. Mr. Tonti stated that they would have
no objections to this.
Motion was made to approve Use Permit No. 1949,
subject to the following findings and conditions,
which MOTION CARRIED:
FINDINGS:
1. That the proposed use is consistent with
the City of Newport Beach General Plan
and is compatible with surrounding land
uses
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that
they do not contemplate any problems.
4. The proposed structure is in keeping with
the desired character of the Specific Area
Plan as identified by the General Plan.
5. The proposed use will not preclude the
attainment of the Specific Area Plan ob-
jectives stated in the Land Use Element
of the General Plan.
December 18, 1980 MINUTES
City of Newoort Beach
6. That the establishment of off-street
parking spaces in the required ten foot
alley setback on the off-site parking lots
will not, under the circumstances of the
particular case, be detrimental to the
health, safety, peace, 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, and further
that the proposed modification is consis-
tent with the legislative intent of Title
20 of the Municipal Code.
7. The approval of Use Permit No. 1949 (Amend
ed) 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 in-
jurious to property or improvements in the
neighborhood or the general welfare of the
City.
8. The off-site parking areas are located so
as to be useful to the proposed uses.
9. The applicants are proposing to enter into
and record reciprocal parking and access
agreements.
10. The off-site parking spaces will not
create undue traffic hazards in the sur-
rounding areas. In fact, the proposed
parking layout of the subject parking lots
will create better automobile storage than
now exists.
11. The City Traffic Engineer has no objec-
tions with the off-site parking agreement,
12. That the goals and objectives of the Local
Coastal Plan will not be prejudiced by
this decision. That this project is in
no way bearing on any other waterfront
project.
-15-
INDEX
-cember 18, 198#
BK 13 9 5 4 P G 13 E3,
Gtv of Newport Beach
MINUTES
�113 10101i
13. That based on a careful 5f the pro-
posed project and the testimony presented
at the public hearing, additional off-
street parking is not required to be pro-
vided for the commercial slips.
14. That the hours of operation of the proposed
restaurant and commercial fishing boats
are such so as to allow joint use of off-
street parking facilities that will not
be detrimental to the peak occupancy of
either use.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plans,
floor plans and elevations, except as
noted below.
2. That an off-site parking agreement shall
be approved by the City Council guarantee-
ing that a minimum of 18 parking spaces
shall be provided on Lots 10 and 11 of
Block 230, Lancaster's Addition to New-
port Beach, for the duration of the
proposed use.
3. The approved off-site parking lots Nos. I
and 2 shall also be maintained for the
subject commercial use at all times.
4. That said agreements shall be signed by
the applicants prior to the issuance of
building permits.
5. That employees of the restaurant shall be
required to park on the approved off-site
parking lots, and three (3) spaces shall
be provided for the commercial slips during
their hours of operations.
6. That any mechanical equipment and trash
areas shall be screened from the adjoining
residential property and from abutting
streets.
COMMISSIONERSI cember 18, 1980 BK 1 3-3 5 4 PO 137
_ MINUTES
s
7. A Harbor Permit (for any portion of the
building over the water and for any work
done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a
Coastal Commission Permit shall be secured
for the proposed project.
8. If there is a transfer of ownership of the
uplands, the Harbor Permit shall be trans-
ferred to the applicants.
9. During construction activities, debris
shall be prevented from entering the bay
through the use of traps and containment
booms in a manner satisfactory to the
Planning, Building and Marine Departments.
10. The restaurant site shall be subject to a
grading permit to be approved by the
Building Department.
11. An erosion and dust control plan shall be
submitted with the grading permit applica-
tion and will be subject to the approval
of the Building Director.
12. The erosion and siltation control plan
shall be approved by the California Re-
tional Water Quality Control Board (Santa
Ana Region). The plan must be submitted
to the Board thirty days prior to initiating
construction activities.
13. The applicants shall maintain the resta-
urant site in a clean and orderly manner
and will provide the periodic debris
collection and disposal.
14. The applicants shall provide on-site reten-
tion basins (i.e., grease traps) and pro-
vide for their maintenance, if required
by the Building Department. The mainten-
ance program shall be reviewed by the
General Services Director and approved
by the Building Department.
-17-
COMMISSIONERS. L -,:ember 18, 1980 MINUTES
'4 P 10 18
BK 1395 3
g City of Newport Beach
15.. The applicants shall provide for weekly
vacuum sweeping of all surface parking area.
16. The final design of the parking lots shall
be approved by the City's Traffic Engineer.
17. The project shall be landscaped as depicted
on the site plan including the proposed
landscape planter areas in the off-site
parking lots. However, no landscaping or
other obstructions shall be permitted
within 5 feet of the alley right-of-way
adjacent to Off -Site Parking Areas 1, 2
and 3.
18. The landscape plan shall be subject to the
review of the Parks, Beaches and Recreation
Department and approval of the Planning
Department.
19. The landscape plan shall include a mainten-
ance program which controls the -use of
fertilizers and pesticides.
20. The landscape plan shall include an irri-
gation puan designed to minimize water
usage and prevent over -watering.
21. The landscape plan shall place heavy
emphasis on the use of drought resistant
native vegetation.
22. Final design of the project 'shall provide
for the incorporation of water -*saving
devices for project lavatories and other
water -using facilities.
23. A provision for weekly debris cleanup
around the commercial slip area shall be
made prior to the occupancy of the proposed
project.
24. Prior to the occupancy of the building, a
program for the sorting of recyclable
material from other solid waste shall be
developed and approved by the Planning
Department.
-18-
COMMISSIONERS
ROLL CALL
i
cirXR C6
cember 18, 1980
of Newport Beach
BK 1 3954p 139
25. The use of valets for parking shall be re-
quired during all hours of operation. Said
valet service shall be required to park all
automobiles on the approved offsite parking
lots and not on adjoining property or
streets.
26. A sufficient number
employed to prevent
from having to wait
of valets shall be
restaurant customers
in the street.
27. Due to the demand for parking in this area,
it will be necessary for the applicants to
ensure that the off-site parking lots are
not used by others, to the satisfaction
of the City `traffic Engineer.
28. That a minimum of one parking space for
each 40 sq. ft. of "net public area" of
the restaurant facility, and one parking
space for each 250 sq. ft. of floor area
in the fish market shall be provided.
29. That all applicable conditions of approval
of Resubdivision No. 650 required for this
project be fulfilled.
30. That the existing underground fuel storage
facility located on proposed off-site
Parking Lot No. 1 shall be removed or
filled in accordance with the requirements
of the Building Department.
31. That all improvements (curb, gutter, side-
walk and paveout) be -constructed along the
Villa Way and 28th Street frontages of
Lots 27 and 28, Block 225, with an access
ramp to be constructed at the corner of
Villa Way and 28th Street.
32. That the existing substandard and deter-
iorated curb and sidewalk along Newport
Boulevard adjacent to Lots 4 - 8, Block
225, be reconstructed with new standard
curb and gutter and full width sidewalk.
All unused existing drive approaches shall
be closed up.
-19-
INDEX
F4 re- RTA IN T 0 X I �2_ 11 Di mber 18, 1980
BK 1 '01 -3 5 4 PC 1 40
4•
Gtv of Newport Beach
33. That full width concrete alley pavement be
constructed in the alley parallel to New-
port Boulevard, extending from 28th Street
to the northerly line of Lot 8, Block 225.
MIND -115
34. That a fifteen foot radius corner cutoff
at the southwesterly corner of Villa Way
and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying
.surety be provided to guarantee the satis-
factory completion of public improvements
if it is desired to obtain Building Permits
before the public improvements are com-
pleted.
36. That the applicant shall provide docking
facilities for the existing commercial
fishing vessells, and assure any rate in-
creases will not exceed commercial index
pricing and added cost, if mandated on
tideland fees.
37. That the retail seafood market shall be
limited to said use, with no on -sale or
take-out food permitted and shall be
limited to a net floor area not to exceed
500 square feet.
38. That the project shall provide elevator or
ramp access for handicapped to the first
and second floors of the restaurant.
39. That all improvements (curb, gutter, side-
walk and paveout) be constructed along
the 29th Street frontages of Lots -10 and
11, Block 230 with an access ramp to be
constructed at the corner of Villa Way
and 29th Street.
40. That a 15 -foot radius corner cutoff at
the northwesterly corner of Villa Way
and 28th Street be dedicated to the public.
41. That the street improvements be shown on
standard improvement plans prepared by a
licensed civil engineer.
42. That all previous conditions of approval
for Use Permit No. 1949 no longer apply
and shall be considered null and void.
-20-
K 1 3954P 14.
- r
wTY OF NEWPORT BEA
UN CIL MINUTES
ROLL CALL
Motion
All Ayes
Motion
All Ayes
X
January 12, 1981
It was recommended that the City Council consider
the Position Papers,and adopt, or modify as neces-
sary for presentation to the Board of Supervisors.
`Clarence Turner, President of the Mariner's Home-
owners Association, addressed the Council and
advised that he had reviewed the subject document.
He recommended that the Airport Aviation Committee
reconvene in emergency session to review said recom
mendat`ions again in order to bring another recommen
dation to the Council.
Tom Edwards, Attorney for Mariner's Homeowners Asso
ciation, addressed the Council in opposition to
Chairman Ralph Clark's proposal to increase commer-
cial flights out of the airport from 41 to 62. He
commented on tfie upcoming noise variance hearings
and urged the Council not to concede their position
at this time. I
Susan Simpson, 20W Galaxy Drive, representing the
Dover Shores Board of`,.Directors, addressed the
Council and read a prepared statement requesting
the Council to "reconsider its airport strategy and
oppose the State variance.,application."
The following people also addressed the Council wit
respect to the proposed expansion of John Wayne
Airport and airport noise: Mrs. Bobby Lovell,
1242 W. Ocean Front; Pat Hollander, 213 Via Dijon,
Lido Isle; and Joe Jorgensen, 1517 Highland Drive.
Following a discussion, Mayor Pro Tem Hart made a
motion to direct staff to prepare a\'\hard-line"
cover letter for the Mayor's signature to accompany
the Position Papers, incorporating the`,�Council's
primary concerns regarding John Wayne Airport, as
set forth in the introduction of said document,
which motion carried.
H. CONSENT CALENDAR:
The following actions were taken as indicated except\for
those items removed: \
I. ORDINANCES FOR INTRODUCTION: None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9956 authorizing the Mayor and
City Clerk to execute an Off -Site Parking
Agreement between the City of Newport Beach
and Tonti-Walker Investors, Inc., in connec-
tion with Use Permit No. 1949, Amended (Seaside
Restaurant, 2800 Lafayette Avenue) A report
from the Planning Department)
Volume 35 - Page 8
INDEX
Tonti-Walker
0/S ,Pkg
R-9956
(63)
. •
(1
City Council Meeting January 12, 1981
Agenda Item No. /v
des- 9956
CITY OF NEWPORT BEACH
BY tha i7 ;10UiVC
i
G
CITY O IL
NcW
TO: fy e®8fi BtACH
FROM: Planning Department
SUBJECT: Request for an Off Site .Parking Agreement in conjunction
with the conversion and remodeling of an existing struc-
ture into a restaurant with on -sale alcoholic beverages,
and a commercial fish market in the M -1 District.
LOCATION: Lots No. 1 and 2, Block 425, Lancaster's Addition
to Newport Beach, located at 2800 Lafayette Avenue
on the northeasterly corner of Lafayette Avenue
and 28th Street in Cannery Village (restaurant site).
ZONE: M -1
APPLICANT: Archi - Tekton, Incorporated, Newport Beach
OWNER: Tonti - Walker Investors Incorporated, Irvine
Application
This application requests approval of an off -site parking agreement
in conjunction with the establishment of the_:_Seas.ide Restiuranf and
Fish Market. 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 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
T0: City Council - 2.
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 Planning Department.
Suaaested Action
If desired, adopt Resolution No. authorizing the execution of
an off -site parking agreement between the City of Newport Beach and
Tonti - Walker Investors, Incorporated, Irvine.
Planning Commission Recommendation
At its meeting of December 18, 1980, the Planning Commission voted unani-
mously to approve Use Permit No. 1949 (Amended), which permitted the
deletion of certain conditions of approval of the original Use Permit
No. 1949, which permitted the remodel of an existing building for a
restaurant and commercial fish market with on -sale alcoholic beverages
in the M -1 District. The Commission also recommended the acceptance
of a new off -site parking agreement for a portion of the required
parking spaces. A modification to the Zoning Code was also approved
by the Commission since a portion of the proposed off -site parking
spaces encroaches four feet into the required ten foot rear yard
adjacent to an alley.
Sixty -six (66) off - street parking spaces were required by the Commission
in conjunction with the amended commercial development. Forty -eight
(48) of said spaces were approved by the Planning Commission and the
City Council in 1980 in two off -site locations indicated on the attached
vicinity map. The additional eighteen parking spaces for the restau-
rant use are proposed to be located on a third off -site lot at the
northwesterly corner of 29th Street and Villa Way.
The original third off -site parking lot approved by the City Council
was to be available only after 6:00 P.M. during the week and after
12:00 Noon on weekends. Due to this limited availability of parking,
the applicant was required to restrict the use of a second -story cocktail
lounge to those hours when said parking was available. The new off -
site parking lot has no time restrictions and so the Commission deleted
the condition of approval that limited the use of said cocktail lounge
in conjunction with the approval of Use Permit No. 1949 (Amended).
The Commission approved Use Permit No. 1949 (Amended) subject to four-
teen Findings and forty -two Conditions of Approval as set forth in the
draft excerpt of the Planning Commission minutes which is attached.
Also attached for the information and review of the City Council is a
copy of the Planning Commission Staff Report which fully describes the
applicant's request.
Respectfully submitted,
A
TO: City Council - 3.
PLANNING DEPARTMENT
JAMES �D.. HEWICKER, /Director
by W W.
WILLIAM R. LAYCOCK
Current Planning Admi strator
WRL /kk
Attachments for City Council Only:
1) Vicinity Map
2) Excerpt of the Planning Commission Minutes dated 12/18/80
3) Planning Commission Staff Report with Attachments
c 11
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` + COMMISSIONERS - MINUTES
Gj
ODecember 18, 1980
j
City of Newport Beach DRAFT
4 -ROLL CALL I INDEX
Request to amend a previously approved use permit
that permitted the remodel of an existing build-
ing so as to allow the establishment of a restau-
rant and commercial.fish market with on -sale
alcoholic beverages in the M -1 District. The
proposed amendment requests the deletion of cer-
tain conditions of approval of the original use
permit and the acceptance of a new off -site
parking agreement for a portion of the required
parking spaces. A modification to the Zoning
Code is also requested since a portion of the
proposed off -site parking spaces encroach 4 feet
into the required 10 foot rear yard adjacent to
an alley.
LOCATION: Lots No. 1 and 2, Block 426, Lan -
caster's Addition to Newport Beach,
located at 2800 Lafayette Avenue on
the northeasterly corner of
Lafayette Avenue and 28th Street
in Cannery Village.
ZONE: M -1
APPLICANT: Archi- Tekton, Inc., Newport Beach
OWNER: Tonti- Walker Investors,
Newport Beach
Planning Director Hewicker stated that the pro-
posed parking lot is currently being utilized as
a dry boat storage facility. He stated that the
parcel is not a waterfront parcel. He also stat
that if this were a waterfront parcel under the
Local Coastal Program which is currently pending
before the City Council, the dry boat storage
would be considered as an incentive use under
the recreation and marine commercial designation
and would automatically be a permitted use.
Planning Director Hewicker stated that the Com-
mission should be aware that approval of this
application will recommend the replacement of a
dry boat storage facility with a parking lot for
a restaurant in Cannery Village.
The public hearing opened in connection with this
item and Mr. Peter Tonti, the applicant, appeared
before the Commission. Mr. Tonti stated that
Item #5
USE PERMI
NW-7N-9
APPROVED
TOM--
TTWL L Y
Lo COMMISSIONERS Ocember 18, 1980 • MINUTES
��5'm 6D
O H I City of Newport Beach
ROLL CALL INDEX
Motion
All Ayes
X
F1
they presented this application to the Regional
Coastal Commission and received unanimous approva'
on same. He stated that the Coastal Commission
requirements are included in the staff report
requirements as found in Exhibit "A ". Mr. Tonti
added that they a e in total concurrence with the
findings and conditions as found in the staff
report.
Commissioner Allen stated that the City'is cur-
rently considering a plan for the Rhine Channel
area, which would require an easement along the
waterfront. She asked Mr. Tonti if such a plan
were to be implemented, would he have any ob-
jections in connecting his sidewalk to adjacent
sidewalks. Mr. Tonti stated that they would have
no objections to this.
Motion was made to approve Use Permit No. 1949,
subject to the following findings and conditions,
which MOTION CARRIED:
FINDINGS:
1. That the proposed use is consistent with
the City of Newport Beach General Plan
and is compatible with surrounding land
uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that
they do not contemplate any problems.
4. The proposed structure is in keeping with
the desired character of the Specific Area
Plan as identified by the General Plan.
5. The proposed use will not preclude the
attainment of the Specific Area Plan ob-
jectives stated in the Land Use Element
of the General Plan.
"1
COMMISSIONERS
C1 n
�o�i�a
»cember 18, 1980
0
of Newport Beach
MINUTES
ROLL CALL LL 11_ , III I INDEX
6. That the establishment of off - street
parking spaces in the required ten foot
alley setback on the off -site parking lots
will not, under the circumstances of the
particular case, be detrimental to the
health, safety, peace, 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, and further
that the proposed modification is consis-
tent with the legislative intent of Title
20 of the Municipal Code.
The approval of Use Permit No. 1949 (Amend=
ed) 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 in-
jurious to property or improvements in the
neighborhood or the general welfare of the
City.
8. The off -site parking areas are located so
as to be useful to the proposed uses.
9. The applicants are proposing to enter into
and record reciprocal parking and access
agreements.
10. The off -site parking spaces will not
create undue traffic hazards in the sur-
rounding areas. In fact, the proposed
parking layout of the subject parking lots
will create better automobile storage than
now exists.
11. The City Traffic Engineer has no objec-
tions with the off -site parking agreement.
12. That the goals and objectives of the Local
Coastal Plan will not be prejudiced by
this decision. That this project is in
no way bearing on any other waterfront
project.
COMMISSIONERS
�rd
3 o %, a
W _
d(p
N N x 4 7
•cember 18, 1980
0
of Newport Beach
MINUTES
ROLLCALLI 111 1111 1 INDEX
13. That based on a careful review of the pro-
posed project and the testimony presented
at the public hearing, additional off -
street parking'is not required to be pro-
vided for the commercial slips.
14. That the hours of operation of the propose
restaurant and commercial fishing boats
are such so as to allow joint use of off -
street parking facilities that will not
be detrimental to the peak occupancy of
either use.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plans,
floor plans and elevations, except as
noted below.
2. That an off -site parking agreement shall
be approved by the City Council guarantee-
ing that a minimum of 18 parking spaces
shall be provided on Lots 10 and 11 of
Block 230, Lancaster's Addition to New-
port Beach, for the duration of the
proposed use.
3. The approved off -site parking lots Nos. 1
and 2 shall also be maintained for the
subject commercial use at all times.
4. That said agreements shall be signed by
the applicants prior to the issuance of
building permits.
5. That employees of the restaurant shall be
required to park on the approved off -site
parking lots, and three (3) spaces shall
be provided for the commercial slips during
their hours of operations.
6. That any mechanical equipment and trash
areas shall be screened from the adjoining
residential property and from abutting
streets.
0
COMMISSIONERS1 Oecember 18, 1980 •
City of Newport Beach
7. A Harbor Permit (for any portion of the
building over the water and for any work
done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a
Coastal Commission Permit shall be secured
for the proposed project.
B. If there is a transfer of ownership of the
uplands, the Harbor Permit shall be trans-
ferred to the applicants..
9. During construction activities, debris
shall be prevented from entering the bay
through the use of traps and containment
booms in a manner satisfactory to the
Planning, Building and Marine Departments.
10. The restaurant site
- grading permit to be
Building Department.
shall be subject to a
approved by the
11. An. erosion and dust control plan shall be
submitted with the.grading permit applica-
tion and will be subject to the approval
of the Building Director.
12. The erosion and siltation control plan
shall be approved by the California Re-
tional Water Quality Control Board (Santa
Ana Region). The plan must be submitted
to the Board thirty days prior to initiati
construction activities.
MINUTES
13. The applicants shall maintain the resta-
urant site in a clean and orderly manner
and will provide the periodic debris
collection and disposal.
14. The applicants shall provide on -site reten-
tion basins (i.e., grease traps) and pro -
.vide for their maintenance, if required
by the Building Department. The mainten-
ance program shall be reviewed by the
General Services Director and approved
by the Building Department.
INDEX
f0
ROLL C
COMMISSIONERS
x
•ecember 18, 1980 .
of Newport Beach
MINUTES
15. The "applicants shall provide for weekly
vacuum sweeping of all surface parking area.'
16. The final design of the parking lots shall
be approved by the City's Traffic Engineer.
17. The project shall be landscaped as depicted
on the site plan including the proposed
landscape planter areas in the off -site
parking lots. However, no landscaping or
other obstructions shall be permitted
within 5 feet of the alley right -of -way
adjacent to Off -Site Parking Areas 1, 2
and 3.
18. The landscape plan shall be subject to the
review of the Parks, Beaches and Recreation
Department and approval of the Planning
Department.
19. The landscape plan shall include a mainten-
ance program which controls the use of
fertilizers and pesticides.
20. The landscape plan shall include an irri-
gation plan designed to minimize water
usage and prevent over-watering-
21. The landscape plan shall place heavy
emphasis on the use.of 'drought= resistant
native vegetation.
22. Final design of the . project -shall provide
for the incorporation of water-'saving
devices for project lavatories and other
water -using facilities.
23. A provision for weekly debris cleanup
around the commercial slip area shall be
made prior to.the occupancy of the proposed
project.
24. Prior to the occupancy of the building, a
program for the sorting of recyclable
material from other solid waste shall be
developed and approved by the Planning
Department.
INDEX
�t
COMMISSIONERS
K
w
JC fA
j__
or cember 18, 1980 •
of Newport Beach
25. The use of valets for parking shall be re-
quired during all hours of operation. Said
'valet service shall be required to park all
automobiles on the approved offsite parking
lots and not on adjoining property or
streets.
MINUTES
26. A sufficient number of valets shall be
employed to prevent restaurant customers
from having to wait in the street.
27. Due to the demand for parking in this area,
it will be necessary for.the applicants to
ensure that the off -site parking lots are
not used by others, to the satisfaction
of the City Traffic Engineer.
28. That a minimum of one parking space for
each 40 sq. ft. of "net public area" of
the restaurant facility, and one parking
space for each 250 sq. ft. of floor area
in the fish market shall be provided..
29. That all applicable conditions of approval
of Resubdivision No. 650 required for this
project be fulfilled.
30. That the existing underground fuel storage
facility located on proposed off -site
Parking Lot No. 1 shall be removed or
filled in accordance with the requirements
of the Building Department.
31. That all improvements (curb, gutter, side-
walk and paveout) be constructed along the
Villa Way and 28th Street frontages of
Lots 27 and 28, Block 225, with an access
ramp to be constructed at the corner of
Villa Way and 28th Street.
32. That the existing substandard and deter-
iorated curb and sidewalk along Newport
Boulevard adjacent to Lots 4 - 8, Block
225, be reconstructed with new standard
curb and gutter and full width sidewalk.
All unused existing drive approaches shall
be closed up.
INDEX
J)�
COMMISSIONERS
1 � w
recember 18, 1980 •
of Newwrt Beach
33. That full width concrete alley pavement be
constructed in the alley parallel to New-
port Boulevard, extending from 28th Street
to the northerly line of Lot 8, Block 225..
MINUTES
34. That a fifteen foot radius corner cutoff
at the southwesterly corner of Villa Way
and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying
surety be provided to guarantee the satis-
factory completion of public improvements
if it is desired to obtain Building Permits
before the public improvements are com-
pleted.
36. That the applicant shall provide docking
facilities for the existing commercial
fishing vessells, and assure any rate in-
creases.will not exceed commercial index
pricing and added cost, if mandated on
tideland fees.
37. That the retail seafood market shall be
limited to said use, with no on -sale or
take -out food permitted and shall be
limited to a net floor area not to exceed
500 square feet.
38. That the project shall provide elevator or
ramp access for handicapped to the first
and second floors of the restaurant.
39. That all improvements (curb,
walk and paveout) be constru
the 29th Street frontages of
11, Block 230 with an access
constructed at the corner of
and 29th Street.
gutter, side -
cted along
Lots-10 and
ramp to be
Villa Way
40. That a 15 -foot radius corner cutoff at
the northwesterly corner of Villa Way
and 28th Street be dedicated to the public.
41. That the street improvements be shown on
standard improvement plans prepared by a
licensed civil engineer.
42. That all previous conditions of approval
for Use Permit No. 1949 no longer apply
and shall be considered null and void.
INDEX
ti3 .
TO:
FROM:
SUBJECT
Planning Commission Meeting
Agenda Item No.
CITY OF NEWPORT BEACH
Planning Commission
Planning Department
December 18. 1980
Use Permit No. 1949 (Amended) (Public Hearing)
Request to amend a previously approved use permit
that permitted the remodel of an existing building
so as to allow the establishment of a restaurant
and commercial fish market with on -sale alcoholic
beverages in the M -1 District. The proposed amend-
ment requests the deletion of certain conditions of
approval of the original use permit and the acceptance
of a new off -site parking agreement for a portion of
the required parking spaces. A modification to the
Zoning Code is also requested since a portion of the
proposed off -site parking spaces encroach 4 feet into
the required 10' rear yard adjacent to an alley.
LOCATION: Lots No. l and 2, Block 425, Lancaster's Addition to
Newport Beach, located at 2800 Lafayette Avenue on
the northeasterly corner of Lafayette Avenue and
28th Street in Cannery Village.
ZONE: M -1
APPLICANT: Archi- Tekton, Inc., Newport Beach
OWNER: Tonti- Walker Investors, Newport Beach
Application
This application is requesting an amendment to a previously approved
use permit that permitted the remodel of an existing building so as
to allow the establishment of a restaurant and commercial fish mar-
ket with on -sale alcoholic beverages in the M -1 District. The appli-
cant is now requesting the deletion of certain conditions of approval
of the original use permit and the acceptance of a new off -site
parking agreement for a portion of the required parking spaces. A
modification of the Zoning Code is also requested since a portion of
the new off - street parking spaces encroach 4 feet into the required
10 foot rear yard adjacent to an alley. No alteration to the originally
approved restaurant design is proposed.
Use Permit procedures are outlined in Chapter 20.80 of the Newport
Beach Municipal Code and modification procedures are contained in
Chapter 20.81 of the Municipal Code.
-1-
TO: Planning Commission - 2.
Background
At the September 4, 1980 Planning Commission meeting, the Planning
Commission approved (6 Ayes, 1 Absent) Use Permit No. 1949 which
allowed the proposed restaurant in a manner described above. Said
action included the acceptance of an off -site parking agreement
for three off -site parking locations which were subsequently ap-
proved by the City Council on October 27, 1980. Said parking areas
are described as follows:
Off -Site Parkin Area No. 1: Off -site Parking Area No. 1
is ocated diagona y across from the proposed restaurant,
fronting on 28th Street between Villa Way and an alley.
This lot contains twelve parking spaces of which four are
tandem.
Off -Site Parkin Area No. 2: Off -Site Parking Area No. 2 is
located on Newport Sou evard. This lot contains thirty -six
parking spaces.
Off -Site Parkin Area No. 3: Off -Site Parking Area No. 3 is
60 eet northerly of t e. restaurant site and contains twenty
parking spaces which will be available for the proposed pro-
ject after 6:00 p.m. Monday through Friday, and after 12:00
noon on weekends.
A copy of the Planning Commission minutes and staff report for
Use Permit No. 1949 are attached for the Commission's review.
Sixty -eight (68) off - street parking spaces are provided by the three
off -site parking lots noted above. However, 20 of said parking spaces,
on off -site parking area No. 3, were to be available only after 6:00
p.m. during the week and after 12:00 noon on weekends. Due to this
limited availability of parking, the applicant was required to re-
strict the use of a second story cocktail lounge in the proposed
restaurant to those hours when said parking area was available
(Condition of Approval No. 40 for Use Permit No. 1949).
Environmental Significance
The original Use Permit No. 1949 was approved with a Negative
Declaration which included certain mitigation measures that have
been incorporated into the recommended conditions of approval. The
new off -site parking area proposed by the applicant does not signi-
ficantly change the project characteristics, therefore no additional
environmental review is necessary.
Analysis
The applicant is now requesting consideration of an alternate off -
site parking area to replace off - street parking area No. 3. The
new off -site parking location is at the northwesterly corner of
29th Street and Villa Way and provides 18 off - street parking spaces.
- a
is
TO: Planning Commission - 3.
The walking distance from the restaurant is approximately 375 ±
feet, and all of the parking spaces will be continuously available
to the restaurant use. The applicant is also requesting deletion
of Condition No. 40 of the original use permit, since all of the
proposed parking spaces will be available during the restaurant's
hours of operation.
Off- Street Parking Requirement
The original use permit required sixty -four (64) off - street parking
spaces for the proposed restaurant facility based upon one parking
space for each 40 square feet of "Net Public Area" (2,541 square
feet t divided by 40 = 63.5 or 64 spaces). In addition to the
restaurant parking requirements, 3 parking spaces were required
for the proposed 550 square feet t retail fish market (550 square
feet divided by 250 square feet = 3 spaces). Sixty -seven (67)
parking spaces were therefore required for the proposed development.
A total of sixty -six (66) parking spaces are provided by a combina-
tion of the original off -site parking areas No. 1 and No. 2 and the
new off -site parking area No. 3. Therefore, the proposed parking
spaces are deficient by one parking space. The applicant is aware
of this situation and would be willing to reduce the floor area
of the commercial fish market to 500 square feet, thereby requiring
only two parking spaces, rather than three.
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 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 lease-
hold interest of a duration adequate to serve all pro-
posed uses on the building or sites).
(d) The owner or owners and the City, upon the approval of
the City Council, execute a written instrument or instru-
ments, approved as to form and content by the City
Attorney, providing for the maintenance of the required
off - street parking in such lot for the duration of the
proposed use or uses on the building site or sites.
00 , • •
T0: Planning Commission - 4.
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 Planning Department."
Staff is of the opinion that the original off -site parking areas
No. 1 and No. 2, and the new off -site parking area No. 3 meet
the findings noted above, provided that a valet service is pro-
vided during all hours of the restaurant operation.
Public Works Recommendations
Due to the consideration of a new off -site parking location, the
Public Works Department is recommending the following conditions
of approval be added to Amended Use Permit No. 1949:
That all improvements (curb, gutter, sidewalk and
pavement) be constructed along the 29th Street
frontages of Lots 10 and 11, Block 230 with an
access ramp to be constructed at the corner of
Villa Way and 29th Street.
That a 15 foot radius corner cut -off at the north-
westerly corner of Villa Way and 28th Street be
dedicated to the public.
That the street improvements be shown on standard
improvement plans prepared by a licensed civil
engineer.
The Public Works Department is also recommending changes to Condition
No. 31 and No. 33 of the original Use Permit No. 1949, inasmuch as
said conditions included language indicating that plans and designs
for required Public Works improvements will be prepared by the City.
The Public Works Department is now recommending that said plans be
prepared by the applicant.
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 building 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 detri-
mental or injurious to property and improvements in the neighbor-
hood or the general welfare of the City.
TO: Planning Commission - 5.
Staff recommends approval of Use Permit No. 1949 (Amended) and
suggests that the Planning Commission make the following findings
and conditions in conjunction with the applicant's request as
set forth in Exhibit "A ".
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
WWW /pw
Attachments: Exhibit "A"
Excerpt of the Planning Commission Minutes for
September 4 1980
Staff report for Use Permit No. 1949 dated August
28, 1980
Site Plan, Floor Plan, Elevations with Vicinity Map
V .'T0:
0 Planning Commission - 6. •
EXHIBIT "A"
Findings and Conditions of Approval
Use Permit No
FINDINGS:
1949 (Amended)
That the proposed use is consistent with
the City of Newport Beach General Plan
and is compatible with surrounding land
uses.
The project will not have any significant
environmental impact.
The Police Department has indicated that
they do not contemplate any problems.
4. The proposed structure is in keeping with
the desired character of the Specific Area
Plan as identified by the General Plan.
The proposed use will not preclude the
attainment of the Specific Area Plan ob-
jectives stated in the Land Use Element
of the General Plan.
That the establishment of off - street
parking spaces in the required ten foot
alley setback on the off -site parking lots
will not, under the circumstances of the
particular case, be detrimental to the
health, safety, peace, 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, and further
that the proposed modification is consis-
tent with the legislative intent of Title
20 of the Municipal Code.
The approval of Use Permit No. 1949 (Amend-
ed) 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 in-
jurious to property or improvements in the
neighborhood or the general welfare of the
City.
TO: Planning Commission - 7.
S. The off -site parking areas are located so
as to be useful to the proposed uses.
9. The applicants are proposing to enter into
and record reciprocal parking and access
agreements.
10. The off -site parking spaces will not
create undue traffic hazards in the sur-
rounding areas. In fact, the proposed
parking layout of the subject parking lots
will create better automobile storage than
now exists.
11. The City Traffic Engineer has no objec-
tions with the off -site parking agreement.
12. That the goals and objectives of the Local
Coastal Plan will not be prejudiced by
this decision. That this project is in
no way bearing on any other waterfront
project.
13. That based on a careful review of the pro-
posed project and the testimony presented
at the public hearing, additional off -
street parking is not required to be pro-
vided for the commercial slips.
14. That the hours of operation of the proposed
restaurant and commercial fishing boats
are such so as to allow joint use of off -
street parking facilities that will not
be detrimental to the peak occupancy of
either use.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plans,
floor plans and elevations, except as
noted below.
2. That an off -site parking agreement shall
be approved by the City Council guarantee-
ing that a minimum of 18 parking spaces
shall be provided on Lots 10 and 11 of
Block 230, Lancaster's Addition to New-
port Beach, for the duration of the
proposed use.
?-° ' .. • 0
T0: Planning Commission - 8.
3. The approved off -site parking lots Nos. I
and 2 shall also be maintained for the
subject commercial use at all times.
4. That said agreements shall be signed by
the applicants prior to the issuance of
building permits.
5. That employees of the restaurant shall be
required to park on the approved off -site
parking lots, and three (3 spaces shall
be provided for the commercial slips during
their hours of operations.
6. That any mechanical equipment and trash
areas shall be screened from the adjoining
residential property and from abutting
streets.
7. A Harbor Permit (for any portion of the
building over the water and for any work
done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a
Coastal Commission Permit shall be secured
for the proposed project.
8. If there is a transfer of ownership of the
uplands, the Harbor Permit shall be trans-
ferred to the applicants.
9. During construction activities, debris
shall be prevented from entering the bay
through the use of traps and containment
booms in a manner satisfactory to the
Planning, Building and Marine Departments.
10. The restaurant site shall be subject to a
grading permit to be approved by the
Building Department.
11. An erosion and dust control plan shall be
submitted with the grading permit applica-
tion and will be subject to the approval
of the Building Director.
TO: Planning Commission - 9.
12. The erosion and siltation control plan
shall be approved by the California Re-
tional Water Quality Control Board (Santa
Ana Region). The plan must be submitted
to the Board thirty days prior to initiating
construction activities.
13. The applicants shall maintain the resta-
urant site in a clean and orderly manner
and will provide the periodic debris
collection and disposal.
14. The applicants shall provide on -site reten-
tion basins (i.e., grease traps) and pro-
vide for their maintenance, if required
by the Building Department. The mainten-
ance program shall be reviewed by the
General Services Director and approved
by the Building Department.
15. The applicants shall provide for weekly
vacuum sweeping of all surface parking area.
16. The final design of the parking lots shall
be approved by the City's Traffic Engineer.
17. The project shall be landscaped as depicted
on the site plan including the proposed
landscape planter areas in the off -site
parking lots. However, no landscaping or
other obstructions shall be permitted
within 5 feet of the alley right -of -way
adjacent to Off -Site Parking Areas 1, 2
and 3.
18. The landscape plan shall be subject to the
review of the Parks, Beaches and Recreation
Department and approval of the Planning
Department.
19. The landscape plan shall include a mainten-
ance program which controls the use of
fertilizers and pesticides.
20. The landscape plan shall include an irri-
gation plan designed to minimize water
usage and prevent over- watering.
7g'' , 1 • •
T0: Planning Commission - 10.
21. The landscape plan shall place heavy
emphasis on the use of drought- resistant
native vegetation.
22. Final design of the project shall provide
for the incorporation of water- saving
devices for project lavatories and other
water -using facilities.
23. A provision for weekly debris cleanup
around the commercial slip area shall be
made prior to the occupancy of the proposed
project.
24. Prior to the occupancy of the building, a
program for the sorting of recyclable
material from other solid waste shall be
developed and approved by the Planning
Department.
25. The use of valets for parking shall be
required during all hours of operation.
26. A sufficient number of valets shall be
employed to prevent restaurant customers
from having to wait in the street.
27. Due to the demand for parking in this area,
it will be necessary for the applicants to
ensure that the off -site parking lots are
not used by others, to the satisfaction
of the City Traffic Engineer.
28. That a minimum of one parking space for
each 40 sq. ft. of "net public area" of
the restaurant facility, and one parking
space for each 250 sq. ft. of floor area
in the fish market shall be provided.
29. That all applicable conditions of approval
of Resubdivision No. 650 required for this
project be fulfilled.
30. That the existing underground fuel storage
facility located on proposed off -site
Parking Lot No. 1 shall be removed or
filled in accordance with the requirements
of the Building Department.
0
T0: Planning Commission - 11.
31. That all improvements (curb, gutter, side-
walk and paveout) be constructed along the
Villa Way and 28th Street frontages of
Lots 27 and 28, Block 225, with an access
ramp to be constructed at the corner of
Villa Way and 28th Street.
32. That the existing substandard and deter-
iorated curb and sidewalk along Newport
Boulevard adjacent to Lots 4 - 8, Block
225, be reconstructed with new standard
curb and gutter and full width sidewalk.
All unused existing drive approaches shall
be closed up.
33. That full width concrete alley pavement be
constructed in the alley parallel to New-
port Boulevard, extending from 28th Street
to the northerly line of Lot 8, Block 225.
34. That a fifteen foot radius corner cutoff
at the southwesterly corner of Villa Way
and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying
surety be provided to guarantee the satis-
factory completion of public improvements
if it is desired to obtain Building Permits
before the public improvements are com-
pleted.
36. That the applicant shall provide docking
facilities for the existing commercial
fishing vessells, and assure any rate in-
creases will not exceed commercial index
pricing and added cost, if mandated on
tideland fees.
37. That the retail seafood market shall be
limited to said use, with no on -sale or
take -out food permitted and shall be
limited to a net floor area not to exceed
500 square feet.
38. That the project shall provide elevator or
ramp access for handicapped to the first
and second floors of the restaurant.
T0: Planning Commission - 12.
39. That all improvements (curb,
walk and paveout) be constru
the 29th Street frontages of
11, Block 230 with an access
constructed at the corner of
and 29th Street.
gutter, side -
cted along
Lots 10 and
ramp to be
Villa Way
40. That a 15 -foot radius corner cutoff at
the northwesterly corner of Villa Way
and 28th Street be dedicated to the public.
41. That the street improvements be shown on
standard improvement plans prepared by a
licensed civil engineer.
42. That all previous conditions of approval
for Use Permit No. 1949 no longer apply
and shall be considered null and void.
;� C.OMN•1lSSiONERS
0 •
Sep, amber 4, 1920
I City of
Beach
MItiUI ES
INDEX
Request to convert and remodel an existing struc-
Item
ture into a restaurant and commercial fish market
with on -sale alcoholic beverages in the M -1
JSE
District. The proposal also includes the request
N .
to accept an offsite parking agreement for the
required offstreet parking spaces. A modifica-
PPR
tion to the Zoning Code is also requested, since
r N
a portion of the subject offstreet parking spaces
are tandem spaces (where the Ordinance requires
that all parking spaces shall he accessible).
Furthermore, a portion of the offsite parking
spaces encroach 4' or 5' into the required 10'
rear yards adjacent to an alley.
LOCATION: Lot Nos. 1 and 2, Block 425, Lan-
caster's Addition to Newport Beach,
located at 2800 Lafayette Avenue
on the northeasterly corner of
Lafayette Avenue and 28th Street
in Cannery Village.
ZONE: M -1
APPLICANT: Archi- Tekton, Incorporated,
Newport Beach
OWNER: Tonti - Walker investors Incorporated,
Irvine
The Public Hoarinq watt opened in connection with
this item and Mr. Peter Tonti, General Partner,
appeared before the Commission and stated that
they are in agreement with the recommendations
of the staff report. Mr. Tonti stated that the
architect was also present to answer any questions
He presented to the Commission an artist render-
ing of the project depicting the restaurant and
surroundinq area.
PERMIT
Mr. Sergio villa, owner of the El Ranchito_Restaur nt,
appeared before the Commission and stated that he
agrees with the project, but would recommend two
items. First, to try and eliminate the congestion
that may happen in the area with this restaurant,.
and secondly, he would like an encroachment grante
on his property, as well as the abutting property
of the applicant so as to provide vehicular access
to Newport Boulevard.
-46-
;'( CY NWNSIONWS
t
J
Motion
Ayes -
Absent
• 0
:ptember 4, 198n .A,JItiUIES
of Newport Beach
Mr. Tonti suggested that he meet with Mr. Villa,
the City's Traffic and Planning Departments to
discuss any alternative solutions that would
assist the flow of traffic between all the stores
in the area.
Mr. Villa stated that he is willing to dedicate
five feet of his property for an easement or
right -of -way between his property and the appli-
cants to help ease congestion. Commissioner
Bal'alis stated that this may create a traffic
problem onto Newport Boulevard.
Commissioner Balalis asked Mr. Tonti to explain
the parking arrangements. Mr. Tonti stated that
all three parking lots will be valet parking.
He also stated that these lots will be land-
scaped and controlled.
Mr. Villa stated that he would also recommend
landscaping for privacy of the residential use
he owns, 9f the easement cannot be agreed upon.
Ms. Paula Schoepe, business owner in the area,
stated that she is for approval of this request,
and would be happy to answer any questions the
Commission may have about the area.
Motion was made that the Planning Commission ac-
cept the Environmental Document with the findings
below and approve Use Permit No. 1949 subject
to the findings and conditions as follows:
FINDINGS - ENVIRONMENTAL DOCUMENT
That an Initial Study and Negative Declaratio
has been prepared in complaince with the
California Environmental Quality Act, and
that their contents have been considered in
the decisions on this project.
That based on the information contained in
the Negative Declaration, the project in-
corporates sufficient mitigation measures to
reduce potentially - significant environmental
effects, and that the project will not result
in significant environmental impacts.
-47_
INDEX
C()`9NiISSI0NERS 01
b b
city
0
mhcr 4, 1980 miNulFS
of Newport Beach
INDEX
FINDINGS - USE PERMIT N0. 1949
1. That the proposed use is consistent with the
City of Newport Beach General Plan and is
compatible with surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that they
do not contemplate any problems.
4. The proposed structure is in keeping with the
desired character of the Specific Plan Area
as identified by the General Plan.
5. The proposed use will not preclude the attain-
ment of the Specific Area Plan objectives
stated in the land Use Element of the General
Plan.
6. That the establishment of off- street parking
in the required ten foot alley setback and
tandem parking spaces will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace,
comfort and general welfare of persons re-
siding or working in the neighborhood of
such proposed use or be detrimental or in-
jurious to property and improvements in the
neighborhood or the general welfare of the
City, and further that the proposed modifi-
cation is consistent with the legislative
intent of Title 20 of the Municipal Code.
7. The approval of Use Permit No. 1949 will not,
under the circumstances of this case, he
detrimental to the health, •,afety, peace,
morals., cumforl. and gpnpral welfarp, or
persons residing and workinq in the neighbor-
hood or be detrimental or injurious to proper-
ty or improvements in the neighborhood or the
general welfare of the City.
B. The off -site parking areas are located so as
to be useful to the proposed uses.
mum
COMMMIONLRS •,,ptember 4, 1980 MrluIES
. z
City of Newport Beach
ROLL CALL INDEX
9. The applicants are proposing to enter into
and record reciprocal parking and access
agreements.
10. The off -site parking spaces will not create
undue traffic hazards in the surrounding
areas. -In fact, the proposed parking layout
of the subject parking lots will create
better automobile storage than now exists.
11. The City Traffic Engineer has no objections
with the off -site parking arrangement.
12. That the goals and objectives of the Local
Coastal Plan will not he prejudiced by this
decision. That this project is in no way
bearing on any other waterfront project.
13. That based on a careful review of the propose
project and the testimony presented at the
public hearing, additional off - street parking
is not required to be provided for the com-
mercial'slips.
a
14. That the hours of operation of the proposed
restaurant and commercial fishing boats are
such so as to allow joint use of off - street
parking facilities that will not be detri-
mental to the peak occupancy of either use.
CONDITIONS:
1. That development shall be in suhstantial con-
formance with the approved plot plans, floor
plans and elevations.
2. That an off -site parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of thirty -six parking spaces
shall be provided on Lots 4, 5, 6, 7 and 8
of Block 225. twelve parking spaces shall be
provided on Lots 27 and 28 of Block 225; and
twenty parking spaces shall be provided on
Lots 5 and 6 of Block 425, Lancaster's Addi-
tion to Newport Beach, for the duration of
the proposed use.
-49-
C WNIISSIONLR; v11NUlES
Septewber 4, 19f:(1
FI; �i_ City of Newport Beach
ROLL CALL INDEX
3. That said agreements shall be signed by the
applicants prior to the issuance of building
permits.
4. That employees of the restaurant shall be
required to park on the approved off -site
parking lots, and three (3) spaces shall be
provided for the commercial slips during
their hours of operations.
S. That any mechanical equipment and trash area
shall be screened from the adjoining resi-
dential property and from abutting streets.
6. A Harbor Permit (for any portion of the
building over the water and for any work
done bayward of the existing bulkhead),.
Army Corps of Engineers Permit and a Coastal
Commission Permit shall he secured for the
proposed project.
7. If there is a transfer of ownership of the
uplands, the Harbor Permit shall be trans-
ferred to the applicants.
B. During construction activities, debris shall
be prevented from entering the bay through
the use of traps and containment booms in a
manner satisfactory to the Planning, Buildin
and Marine Departments.
9. The site shall be subject to a grading per-
mit to be approved by the Building Departmen
10. An erosion and dust control plan shall be
submitted with the grading permit applicatioi
and will be subject to the approval of the
Building Director.
11. The erosion and siltation control plan shall
be approved by the California Regional Water
Quality Control Board (Santa Ana Region).
The plan must be submitted to the Board
thirty days prior initiating construction
activities.
12. The applicants shall maintain the site in
a clean and orderly manner and will provide
the periodic debris collection and disposal.
-50-
r
3V
•
I i i I i I �Vi Cit
';1,p I rnihrr 4. 1'W',
of Newwrt Beach
vll:�l;IIS
ROLL CALL (INDEX
13. The applicants shall provide on -site reten-
tion basins (i.e., grease traps) and provide
for their maintenance, if required by the
Building Department. The maintenance pro-
gram shall be reviewed by the General Ser-
vices Director and approved by the Building
Department.
14. The applicants shall provide for weekly
vacuum sweeping of all surface parking areas.
15. The final design of the parking lots shall
be approved by the City's Traffic Engineer.
16. The project shall be landscaped as depicted
on the site plan including the proposed land-
scape planter areas in the off -site parking
lots. However, no landscaping or other
obstructions shall be permitted within 5 feet
of the alley right -of -way adjacent to off -sit
Parking Lots 1 and 2.
17. The landscape plan shall br :uhject to the
review of the Parks, Iteachrs and Recreation
Department and approval of the Planning
Department.
18. The landscape plan shall include an irrigatio
plan designed to minimize water usage and
prevent over - watering.
19. The landscape plan shall include a maintenanc
program which controls the use of fertilizers
and pesticides.
?D. The landscape plan shall place heavy emphasis
on the use of drnught- re- .0tant native
vegetation.
21. Final design of the project shall provide for
the incorporation of water- saving devices for
project lavatories and other water -using
facilities.
22. A provision for weekly debris cleanup around
the commercial slip area shall be made prior
to the occupancy of the proposed project. -
-51-
31 , ( .m,A,Iti`,ION1 R�
i N JC
0
l�,.p[rwho,r 4, 14) 8 0
Gtv Of
Beach
40
MINU I F 5
23. Prior to the occupancy of the building, a
program for the sorting of recyclable mater-
ial from other solid waste shall be developer
and approved by the Planning Department.
24. That the proposed parking layouts shall be
subject to further review and approval by
the Public Works Department.
25. The use of valets for parking shall be re-
quired during all hours of operation.
26. A sufficient number of valets shall be em-
ployed to prevent restaurant customers from
having to wait in the street.
27. Due to the demand for parking in this area,
it will be necessary for the applicants to
ensure that the off -site parking lots are
not used by others, to the satisfaction of
the City Traffic Engineer.
28. That a minimum of one parking space for each
40 sq. ft. of "net public area" and one
parking space for each 250 sq. ft. of floor
area in the fish market shall be provided.
29. That all applicable conditions of approval
of Resubdivision No. 650 required for this
project be fulfilled.
30. That the existing underground fuel storage
facility located on the proposed off -site
Parking Lot No. 1 shall be removed or
filled in accordance with the requirements
of the Building Department.
31. That all improvements (curb, gutter, side-
walk and paveout) be constructed along the
Villa Way and 28th Street frontages of
Lots 27 and 28, Block 225, with an access
ramp to be constructed at the corner of
Villa Way and 28th Street. Improvement
plans will be provided by the Public Works
Department.
32. That the existing substandard and deterior-
ated curb and sidewalk along Newport Boule-
-52-
INDEX
3�
(Y NAhllti`+IONLRti
N01 TNE N D
a
iemher, n, I'Wh
LIty Of
t beach
nnl ^: I I I S
ROLL CALL 1 1 I 1 l 1 1 1 1INDEX
vard adjacent to Lots 4 - 8, Block 225, be
reconstructed with new standard curb and
gutter and full width sidewalk. All unused
existing drive approaches shall be closed up
33. That full width concrete alley pavement be
constructed in the alley parallel to Newport
Boulevard, extending from 28th Street to
the northerly line of Lot 8, Block 225. The
design will be provided by the Public Works
Department.
34. That a fifteen -foot radius corner cutoff
at the southwesterly corner of Villa Way
and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying
surety be provided to guarantee the satis-
factory completion of public improvements
if it is desired to obtain Building Permits
before the public improvements are completed
36. That the applicant shall provide docking
facilities for the existing commercial
fishing vessels, and assure any rate in-
creases will not exceed commercial index
pricing and added cost, if mandated on
tideland fees.
37. That the retail seafood market shall be
limited to said use, with no on -sale or
take -out food permitted.
38. That the project shall provide elevator or
ramp access for handicapped to the first
and second floors of the restaurant.
39. That off -site Parking Lot No. 3 be maintaine,
in such a manner so as to provide 20 parking
spaces and that existing trash bins and
materials be removed.
40. That the second -floor cocktail lounge of the
restaurant shall not be open to the public
prior to 6:00 p.m. during the week and prior
to 12:00 noon on weekends.
-53-
33 .' • anning Commission Meet,
August 28, 1980
• September 4, 1980
Agenda Item No
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department .
SUBJECT: Use Permit No. 1949 (Public Hearing)
15
Request to convert.and remodel an existing structure
into a restaurant and commercial fish market with
on -sale alcoholic beverages in the M -1 District. The
proposal also includes the request to accept an offsite
parking agreement for the required offstreet parking
spaces. A modification to the Zoning Code is also
requested, since a portion of the subject offstreet
parking spaces are tandem spaces (where the Ordinance
requires that all parking spaces shall be accessible).
Furthermore, a portion of the offsite parking spaces
encroach 4' or 5' into the required 10' rear yards
adjacent to an alley.
LOCATION: Lot Nos. 1 and 2, Block 425, Lancaster's Addition to
Newport Beach, located at 2800 Lafayette Avenue on the
northeasterly corner of Lafayette Avenue and 28th
Street in Cannery Village.
ZONE: M -1
APPLICANT: Archi - Tekton, Incorporated, Newport Beach
OWNER: Tonti - Walker Investors Incorporated, Irvine
Application
The applicants request approval of Use Permit No. 1949 to convert
and remodel an existing structure into a restaurant and commercial fish
market with on -site sale of alcoholic beverages in the M -1 District
and the acceptance of an Environmental Document. Use Permit procedures
are outlined in Section 20.80 of the Newport Beach Municipal Code.
Environmental Documents are processed in accordance with the CEQA, the
"State EIR Guidelines" and City Policy K -3.
The proposed project also includes the request to accept an o" site
parking agreement for the required off - street parking spaces.
modification to the Zoning Code is also requested, since a portion
of the subject off - street parking spaces are tandem spaces the
0:-dinance requires that all parking spaces shall be accessible). Further -
-iore, a portion of the off -site parking spaces encroach 4' or 5' into the
required 10' rear yard adjacent to an alley. Modification procedures
are contained in Chapter 20.81 of the Municipal Code.
- 1 -
�4.. . T0:
Back round
PA ,ling Commission
At the April 28, 1980 City Council meeting, the City Council
approved (7 ayes, 0 noes) Use Permit No. 1926 to construct a two -story
restaurant facility with on -site sale of alcoholic beverages, an
Off -site Parking Agreement, the Environmental Document, and Resubdivision
No. 650 to establish one building site for the restaurant use for this
proposed restaurant site. At the February 7, 1980 Planning Commission
meeting, the Commission denied Use Permit No. 1926 (s Ayes, 2 Noes,
2 Absent) and Resubdivision No. 650 (3 Ayes, 2 Noes, 2 Absent).
A copy of the City Council and Planning Commission Minutes and staff j
reports are attached for Commission review. The applicant now
proposes to remodel and expand the existing commercial building on the
site in conjunction with the proposed development.
Project Description
The proposed Seaside Restaurant development comprises a two -story
building and three off -site parking areas for off - street parking.
In order to develop the project, several approvals are requested of
the City as outlined below:
Restaurant Site: The proposed restaurant and commercial
Fish ar et site is located between Lafayette Avenue and the
Rhine Channel in the Cannery Village /McFadden Specific Area Plan
Area. The first floor of the remodeled structure will contain
a Fish Market, lobby, dining area, greenhouse dining area and
kitchen facilities. The second floor will contain a cocktail
lounge and storage areas.
Off -Site Parkin Area No. 1: Off -Site Parking Area No. 1
Ts ocate iagonal y across from the proposed restaurant,
fronting on 28th Street between Villa Way and an alley. This
lot contains twelve parking spaces of which eight are tandem.
Off -Site Parkin Area No. 2: Off -Site Parking Area No. 2 is
ocate on ewport ou evard between the aforementioned and
the alley. This lot contains thirty -six parking spaces.
Off -Site Parkin Area No. 3: Off -Site Parking Area No. 3 is
6 feet nort er y o t e restaurant site and contains twenty
parking spaces which will be available for the proposed project
after 6:00 P.M. Monday through Friday, and after 12:00 noon on
weeke'nds.
General Plan
The proposed project is consistent with the Newport Beach General
Plan. An Element Plan Analysis of the project site is provided-in the
February 1, 1980 Planning Commission Staff Report which is attached.
Environmental Significance
In accordance with CEQA, the "State EIR Guidelines ", and City Policy
K -3, an Initial Study was prepared on this project. The City's Environ-
mental Affairs Committee has reviewed the Initial Study and on the basis
3
Aling Commission -j3. •
of the information contained therein, recommended that a Negative
Declaration be accepted on this project. A copy of the Negative
Declaration is attached.
Zoninq /Pro.iect Comparison
M -1 Proposed Previously Approved
Zoning Project Project
Restaurant Site
Building Height
26'/35' Ridge -'31 + (1)
Ridge - 31'
Average - 28'
Average - 26'
F.A.R.
3 times 7,030 sq.ft. + or
5,015 sq.ft, or 0.83 x
buildable 1.17 X buildable
buildabale area (when
area or area (2);
excluding parking area on
9,000 2541 sq.ft.
ground lgvtl) ;.2497 sq.ft. +
sq.ft. + "net public area"
"net public area" in
in restaurant and
restaurant facility.
550 sq.ft. in fish
market.
Front Yard
01 First Floor, - o'
First F1oor'- 0'
Second Floor -
Second Floor - 0'
0' to 16'
Side Yard
0' South - 0' to 7'
South side 0' to w5'
North - 0' to 30'
North side 0'
Rear Yard
0'(3) First Floor - 15'
First Floor - 15'
(Channel Side)
Second Floor - N/A
Second Floor - 10'
Rear Yard Alley
10'(4) 4' to 5'
4' to 5'
for parking lots
(I) The proposed portion of the structure designed to represent a light
house exceeds the average 26' height limit. The applicant has indicated
that the final drawing will be revised in compliance with the height limit.
(2)The buildable area is reduced to .33 X the buildable area when
including the buildable areas of the two offsite parking lots exclusively
used by the restaurant facility.
(3 )The project design provides a 5' public walkway along the Rhine
Channel.
(4)The applicant has requested a modification to the zoning requirements
to allow off - street parking spaces in the required alley setback on
off -site parking lot nos. 1 and 2. The City Traffic Engineer has no
objections with the applicant's request,
Off- Street Parking Requirements
Sixty -four (64) offstreet parking spaces would be required for the
proposed restaurant facility based upon one parking space for each
4� sq.ft. of "net public area" (2541 sq.ft. + divided by 40 - 63.5
or 64 spaces). The tabulation on the plot plan indicates that 2,400
'TO: Pl • ig Commission - 14. •
sq.ft. of "net public area" is proposed, which is not correct. The
tabulation.did not include the lobby on the first floor as required.
Furthermore, the tabulation also included the bar area on the second
floor, which should be deleted from the "net public area ").
The parkin spaces could also vary under current parking standards from
51 spaces one parking space for each 50 sq.ft. of "net, public area ")
to 85 spaces (one parking space for each 20 sq.ft. of "net public area.
Staff feels that one parking space for each 40 sq.ft. of "net public
area" is adequate since no dancing or live entertainment is proposed.
In addition to the restaurant parking requirements, 3 parking spaces are
required for the proposed 550 sq.ft. + retail fish market (550 sq.ft.
divided by 250 sq.ft. - 3 spaces). Sixty -seven (67) parking spaces
would therefore be required for the proposed development. The offstreet
parking spaces would normally be required for the four commercial boat
slips bayward of the site. However, the City Council waived said
parking spaces in conjunction with the approval of Use Permit No. 1926,
based upon the following findings:
a) "Based upon a careful review of the proposed project and
the public hearing, additional offstreet parking is not
required to be provided for the commercial slips; and
b) The hours of operation of the proposed restaurant and
commercial fishing boats are such so as to allow joint use
of the off - street parking facilities that will not be
detrimental to the peak occupancy of either use."
Staff feels that the subject parking spaces should be waived again,
inasmuch as the joint operations will remain as originally approved.
Sixty -eight (68) off - street parking spaces are proposed on three
off -site parking lots noted above. However, 20 of said parking spaces
on Off -Site Parking Area No. 3 will be available for the restaurant
use only after 6:00 P.M. during the week and after 12:00 noon on weekends.
The applicant is aware of the situation and has suggested that the
second floor cocktail lounge not be open for business except for said
hours. Staff has no objections with the applicant's request, since
20 parking spaces are required for the lounge area (773 sq.ft. ± divided
by 40 sq.ft. 0 19.3 or 20 spaces).
Off -Site Parking Lots
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
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.
'TO: P• ing Commission -15.
(c) Such lot and the building site are in the same ownership, 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 ownership in fee or a leasehold interest of a duration
adequate to serve all proposed uses on the building 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 in 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 Planning
Department.
Staff is of the opinion that all three off -site lots meet the findings
noted above.
The following map illustrates the three off -site parking lots as well as
major access points, traffic signals, interior circulation and
pedestrian access to Cannery Village:
fi Two - WICI
C 2.%s - WALK
2
G SzoP 54414
0 TR/-Ff1G SIAM,
1t..3
rr
d.i
�.x
9'b • i
T0: Plannl .r, Commission -16.
ific Findinas 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
building 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.
Staff recommends approval of Use Permit No.
the Planning Commission make the following
in conjunction with the applicant's request
PLANNING DEPARTMENT
JAMES 0. HEWICKER, DIRECTOR
By
re T a I arico
Environmental Coordinator
FT /dt
ATtachments: Exhibit "A"
1949 and suggests that
findings and conditions
as set forth in Exhibit "A.
City Council Minutes - April 28, 1980
Staff Report dated - April 22, 1980
Planning Commission Minutes - February 7, 1980
Staff Report dated - February 1. 1980
Negative Declaration
Plot Plans, Floor Plans, and Elevations
37
EXHIBIT A
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
ENVIRONMENTAL DOCUMENT
Accept the Environmental Document as complete with the findings
indicated below:
FINDINGS:
1. That an Initial Study and Negative Declaration has been
prepared in compliance with the California Environmental
Quality Act, and that their contents have been considered
in the decisions on this project.
2. That based on the information contained in the Negative
Declaration, the project incorporates sufficient mitigation
measures to reduce potentially- significant environmental
effects, and that the project will not result in significant
environmental impacts.
USE PERMIT NO. 1949
Approve Use Permit No. 1949 with the findings and subject to the
conditions listed below:
FINDINGS:
1. That the proposed use is consistent with the City of Newport
Beach General Plan and is compatible with surrounding land'
uses.
2. The project will not have any significant environmental
impact.
3. The Police Department has indicated that they do not con-
template any problems.
4. The proposed structure is in keeping with the desired
character of the Specific Plan Area as identified by the
General Plan.
5. The proposed use will not preclude the attainment of the
Specific Area Plan objectives stated in the Land Use R e-
ment of the General Plan.
6. That the establishment of off - street parking spaces in the
required ten foot alley setback and tandem parking spaces
will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
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, and further that the proposed modifica-
tion is consistent with the legislative intent of Title 20
of the Municipal Code.
7. The approval of Use Permit No, 1949 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.
8. The off -site parking areas are located so as to be useful
to the proposed uses.
9. The applicants are proposing to enter into and record
reciprocal parking and access agreements.
10. The off -site parking spaces will not create undue traffic
hazards in the surrounding areas. In fact, the proposed
parking layout of the subject parking lots will create
better automobile storage than now exists.
11. The City Traffic Engineer has no objections with the off -
site parking arrangement.
12. That the goals and objectives of the Local Coastal Plan
will not be prejudiced by this decision. That this project
is in no way bearing on any other waterfront project.
13. That based on a careful review of the proposed project and
the testimony presented at the public hearing, additional
off - street parking is not required to be provided for the
commercial slips.
14. Tha.t the hours of operation of the proposed restaurant and
commercial fishing boats are such so as to allow joint use
of off - street parking facilities that will not be detrimental
to the peak occupancy of either use.
CONDITIONS:
That development shall be in substantial conformance with
the approved plot plans, floor plans and elevations.
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
2. That an off -site parking agreement shall be approved by the
City Council, guaranteeing that a minimum of thirty -six
parking spaces shall be provided on Lots 4, 5, 6, 7 and 8 of
Block 225; twelve parking spaces shall be provided on Lots 27
and 28 of Block 225; and twenty parking spaces shall be pro-
vided on Lots 5 and 6 of Block 425. Lancaster's Addition to
Newport Beach, for the duration of the proposed use.
3. That said agreements shall be signed by the applicants prior
to the issuance of building permits.
4. That employees of the restaurant shall be required to park on
the approved off -site parking lots, and three (3) spaces shall
be provided for the commercial slips during their hours of
operations.
5. That any mechanical equipment and trash areas shall be
screened from the adjoining residential property and from
abutting streets.
6. 'A Harbor Permit (for any portion of the building over the
water and for any work done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a Coastal Commission Permit
shall be secured for the proposed project.
7. If there is a transfer of ownership of the uplands, the Harbor
Permit shall be transferred to the applicants.
8. During construction activities, debris shall be prevented
from entering the bay through the use of traps and containment
booms in a manner satisfactory to the Planning, Building and
Marine Departments.
9. The site shall be subject to a grading permit to be approved
by the Building Department.
10. An erosion and dust control plan shall be submitted with the
grading permit application and will be subject to the approval
of the Building Director.
11. The erosion and siltation control plan shall be approved by
the California Regional Water Quality Control Board (Santa Ana
Region). The plan must be submitted to the Board thirty days
prior to initiating construction activities.
12. The applicants shall maintain the site in a clean and orderly
manner and will provide the periodic debris collection and
disposal.
20.
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
13. The applicants shall provide on -site retention basins (i.e.,
grease traps) and provide for their maintenance. if required
by the Building Department. The maintenance program shall
be reviewed by the General Services Director and approved by
the Building Department.
14. The applicants shall provide for weekly vacuum sweeping of all
surface parking areas.
15. The final design of the parking lots shall be approved by the
City's .Traffic Engineer. . - 1 ,..
16. The project shall be landscaped as depicted on the site plan
including the proposed landscape planter areas in the off -
site parking lots. However, no landscaping or other obstruc-
tions shall be permitted within 5 feet of the alley right -of-
way adjacent to Off -site Parking Lots 1 and 2.
17. Thelandscape plan shall be subject to the review of the Parks,
Beaches and Recreation Department and approval of the Planning
Department.
18. The landscape plan shall include an irrigation plan designed
to minimize water usage and prevent over - watering.
19. The landscape plan shall include a maintenance program which
controls the use of fertilizers and pesticides.
20. The landscape plan shall place heavy emphasis on the use of
drought- resistant native vegetation.
21. Final design of the project shall provide for the incorpora-
tion of water - saving devices for project lavatories and
other water -using facilities.
22. A provision for weekly debris cleanup around the commercial
slip area shall be made prior to the occupancy of the proposed
project.
23. Prior to the occupancy of the building, a program for the
sorting of recyclable material from other solid waste shall
be developed and approved by the Planning Department.
24. That the proposed parking layouts shall be subject to furtner
review and approval by the Public Works Department.
25. The use of valets for parking shall be required during all
hours of operation.
' 21
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
26. A sufficient number of valets shall be employed to prevent
restaurant customers from having to wait in the street.
27. Due to the demand for parking in this area, it will be necessary
for the applicants to ensure that the off -site parking lots
are not used by others, to the satisfaction of the City Traffic
Engineer.
28. That a minimum of one parking space for each 40 sq. ft. of
"net public area" and one parking space for each 250 sq. ft.
-of floor area in the fish market shall be provided.
29. That all applicable conditions of approval of Resubdivision
No. 650 required for this project be fulfilled.
30. That the existing underground fuel storage facility located
on proposed off -site Parking Lot No. 1 shall be removed or
filled in accordance with the requirements of the Building
Department.
31. That all improvements (curb, gutter, sidewalk and paveout)
be constructed along the Villa Way and 28th Street frontages
of Lots 27 and 24, Block 225, with an access ramp to be con-
structed at the corner of Villa Way and 28th Street. Improve-
ment plans ;ill be provided by the Public Works Department.
32. That the existing substandard and deteriorated curb and side-
walk along Newport Boulevard adjacent to Lots 4 - 8, Block 225,
be reconstructed with new standard curb and gutter and full
width sidewalk. All unused existing drive approaches shall be
closed up.
33. That full width concrete alley pavement be constructed in
the alley parallel to Newport Boulevard, extending from 28th
Street to the northerly line of Lot 8. Block. 225. The design
will be provided by the Public Works Department.
34. That a fifteen -foot radius corner cutoff at the southwesterly .
corner of Villa Way and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying surety be provided
to guarantee the satisfactory completion of public improvements
if it is desired to obtain Building Permitsbefore the public
improvements are completed.
36. That the applicant shall provide docking facilities for the
existing commercial fishing vessels, and assure any rate
increases will not exceed commercial index pricing and added
cost, if mandated on tideland fees.
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
4
37. That the retail seafood market shall be limited to said use,
with no on -sale or take -out food permitted.
38. That the project shall provide elevator or ramp access for
handicapped to the first and second floors of the restaurant.
39. That off -site Parking lot No. 3 be maintained in such a manner
so as to provide 20 parking spaces and that existing trash
bins and materials be removed.
40. That the second -floor cocktail lounge of the restaurant shall
not be open to the public prior to 6:00 p.m. during the week
and prior to 12:00 noon on weekends.
0
RESOLUTION NO. 9 95 6
L]
A RESOLUTION OF THE CITY COUNCIL OF NEWPORT
BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND TONTI- WALKER
INVESTORS, INC., IN CONNECTION WITH USE PERMIT
NO. 1949, AMENDED (Seaside Restaurant, 2800
Lafayette Avenue)
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 Tonti - Walker Investors,
Inc., in connection with Use Permit No. 1949, 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 execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Off -Site Parking 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 January, 1981.
Mayor
ATTEST:
City Clerk
010681
kv
T
i
OCT 27 1980
By the QTY COUNM
CITY. OP CIWo"T W04H
RESOLUTION NO.�/
A RESOLUTION OF THE CITY COUNCIL OF NEWPORT
BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND TONTI- WALKER
INVESTORS, INC., IN CONNECTION WITH USE PERMIT
NO. 1949 (Seaside Restaurant, 2800 Lafayette
Avenue)
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 Tonti - Walker Investors,
Inc., in connection with Use Permit No. 1949 (Seaside Restaurant,
2800 Lafayette) 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 execute
said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the 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 27th day of October 1980.
Mayor
ATTEST:
City Clerk
102280
kv
VAIM
OCT 27 1980
C4
City Council Meeting _
Agenda Item No.
dy. the CITY COUNCIL CITY OF NEWPORT BEACH
Wrr. of NIWW K"H
October 27, 1980
TO: City Council
FROM: Planning Department
Aber 27, 1980
SUBJECT: Request for an Off -Site Parking Agreement in conjunction
witht a conversion and remodeling of an existing struc-
ture into a restaurant with on -sale alcoholic beverages,
and a commercial fish market in the M -1 District.
LOCATION: Lots No. 1 and 2, Block 425, Lancaster's Addition
to Newport Beach, located at 2800 Lafayette Avenue
on the northeasterly corner of Lafayette Avenue
and 28th Street in Cannery Village (Restaurant Site).
ZONE: M -1
APPLICANT: Archi - Tekton, Incorporated, Newport Beach
OWNER: Tonti- Walker Investors Incorporated, Irvine
Application
This application requests approval of an off -site parking agreement
in conjunction with the establishment of the Seaside Restaurant and
Fish Market. 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 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).
TO: City Council - 2.
(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 Planning Department.
Suggested Action
If desired, adopt Resolution No. authorizing the execution of
an off -site parking agreement between the City of Newport Beach and
Tonti - Walker Investors, Incorporated, Irvine.
Plannina Commission Recommendation
At its meeting of September 4, 1980, the Planning Commission voted
(6 Ayes, 1 Absent) to accept the related Environmental Document and
to approve Use Permit No. 1949, to permit the establishment of a restau-
rant facility with on -sale alcoholic beverages and a commercial fish
market in the M -1 District. A modification to the Zoning Code was
also approved for a portion of the required off - street parking spaces
to be tandem spaces and for a portion of the parking spaces to en-
croach four feet or five feet into the required ten foot rear yards
adjacent to an alley.
Sixty -eight (68) off - street parking spaces were required by the Commis-
sion in conjunction with the proposed commercial development. The
Planning Commission recommended the approval of three off -site parking
locations to meet said parking requirements.
The Commission accepted the Environmental Document subject to two Find-
ings, and approved Use Permit No. 1949 subject to fourteen Findings
and forty Conditions of Approval as set forth in the excerpt of the
Planning Commission minutes which is attached. Also attached for the
information and review of the City Council is a copy of the Planning
Commission Staff Report which fully describes the applicant's request.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by .
WILLIAM R. LAY C K
Current Planning A inistrator WRL /kk
Attachments for City Council Only
1) Excerpt of the Planning Commission Minutes dated 9/4/80
2) Planning Commission Staff Report with attachments
CC ?M1tlS5K9NERS� Soember 4, 1 9R MINUILS
S C t
� itv of Newpor Beach
Request to convert and remodel an existing struc-
ture into a restaurant and commercial fish market
with on -sale alcoholic beverages in the M -1
District. The proposal also includes the request
to accept an offsite parking agreement for the
required offstreet parking spaces. A modifica-
tion to the Zoning Code is also requested, since
a portion of the subject offstreet parking spaces
are tandem spaces (where the Ordinance requires
that all parking spaces shall he accessible).
Furthermore, a portion of the offsite parking
spaces encroach 4' or ,' into the required 10'
rear yards adjacent to an alley.
LOCATION: Lot Nos. 1 and 2, Block 425, Lan-
caster's Addition to Newport Beach,
located at 2800 Lafayette Avenue
on the northeasterly corner of
Lafayette Avenue and 28th Street
in Cannery Village.
ZONE: M -1
APPLICANT: Archi- Tekton, Incorporated,
Newport Beach
OWNER: Tonti - Walker Investors Incorporated,
Irvine
The Public Hearinq was opened in connection with
this item and Mr. Peter Tont.i, Genr,ral Parf-ner,
appeared before the Commission and stated that
they are in agreement with the recommendations
of the staff report. Mr. Tonti stated that the
architect was also present to answer any questions
He presented to the Commission an artist render-
ing of the project depicting the restaurant and
surrounding area.
INDEX
Item #f15
JSE PERM
NO. 194
U PROVED
:ONDI-
iIONALLY
Mr. Sergio Villa, owner of the fl Ranchito Restaur nt,
appeared before the Commission and stated that he
agrees with the project, but would recommend two
items. First, to try and eliminate the congestion
that may happen in the area with this restaurant,
and secondly, he would like an encroachment grante
on his property, as well as the abutting property
of the applicant so as to provide vehicular access
to Newport Boulevard.
-46-
CON 1A,IMIONLRS
ROLL CALL
Selltmber 4, 1940
City of
t Beach
0 v11%IIS
2. That the proposed resubdivi &ion presents no
problems from a pIann'inq nVandpoint.
CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as re-
quired by ordinances and the Public Works
Department.
3. That each unit have separate water services
and sewer connections, unless otherwise ap-
proved by the Public Works Department.
That curb, gutter, pavement, and sidewalk be
constructed along the abandoned Carnation
Avenue frontage, and that the curb grades be
proved by the Public Works Department.
5. T\astandard subdivision agreement and
sprovided to guarantee the satis-
fmpletion of the street improvements
iesired to record the parcel map
pompletion of the street improvement
6. That the ow r tender an irrevocable offer of
dedication fo that portion of the abandoned
Carnation Aven located on the subject
property. No It. was the intent of the
Planning Commissi that. said offer shall be
exercised at such me as dedications can
he obtained from pro rrty ownr�r% of other
abutting propertias w .hin the abandoned
portion of Carnation nuc)
Chairman Haidinger asked the audi ce if there
was anyone present who wished to s ak on the
Local Coastal Program this evening, tem No. 19
on the Agenda. Chairman Haidinger no d that no
one came forth at this time.
Chairman Haidinger stated that the Local astal
Program would therefore be continued to an
adjourned Planning Commission meeting on Sep tu-
ber 18, 1980 at 2:00 p.m., because of the late es
of the hour.
-45-
INDEX
C)NINIISSIONLKSI aptember 4, 1 <380 10 ti11a'UIES
1 City of Newport Beach
ROLL CALL INDEX
Motion
Ayes
Absent
X
X
IX
Mr. Tonti suggested that he meet with Mr. Villa,
the City's Traffic and Planning Departments to
discuss any alternative solutions that would
assist the flow of traffic between all the stores
in the area.
Mr. Villa stated that he is willing to dedicate
five feet of his property for an easement or
right -of -way between his property and the appli-
cants to help ease congestion. Commissioner
Balalis stated that this may create a traffic
problem onto Newport Boulevard.
Commissioner Balalis asked Mr. Tonti to explain
the parking arrangements. Mr. Tonti stated that
all three parking lots will be valet parking.
He also stated that these lots will be land-
scaped and controlled.
Mr. Villa stated that he would also recommend
landscaping for privacy of the residential use
he owns, if the easement cannot be agreed upon.
Ms. Paula Schoepe, business owner in the area,
stated that she is for approval of this request,
and would be happy to answer any questions the
Commission may have about the area.
Motion was made that the Planning Commission ac-
cept the Environmental Document with the findings
below and approve Use Permit No. 1949 subject
to the findings and conditions as follows:
FINDINGS - ENVIRONMENTAL DOCUMENT
1. That an Initial Study and Negative Declaratio
has been prepared in complained with the
California Environmental Quality Act, and
that their contents have been considered in
the decisions on this project.
2. That based on the information contained in
the Negative Declaration, the project in-
corporates sufficient mitigation measures to
reduce potentially- significant environmental
effects, and that the project will not result
in significant environmental impacts.
-47-
CON IN1ISSIONERS
v
se*nher 4, 196(3 0 wi"NuIIS
City of Newport Beach
FINDINGS - USE PERMIT N0. 1949
1. That the proposed use is consistent with the
City of Newport Beach General Plan and is
compatible with surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that they
do not contemplate any problems.
4. The proposed structure is in keeping with the
desired character of the Specific Plan Area
as identified by the General Plan.
5. The proposed use will not preclude the attain-
ment of the Specific Area Plan objectives
stated in the Land Use Element of the General
Plan.
6. That the establishment of off - street parking
in the required ten foot alley setback and
tandem parking spaces will not, under the
circumstances of the particular case, be
detrimental to the health, safety, peace,
comfort and general welfare of persons re-
siding or working in the neighborhood of
such proposed use or be detrimental or in-
jurious to property and improvements in the
neighborhood or the general welfare of the
City, and further that the proposed modifi-
cation is consistent with the legislative
intent of Title 20 of the Municipal Code.
7. The approval of llse Permit No. 1949 will not,
under the circumstances of this. rase, be
detrimental to the health, safety, ppacsr,
moral:, comfort and ooneral wf,Itore of
persons res idiny and work ivol in the. neighbor-
hood or be detrimental or injurious to proper -
ty or improvements in the neighborhood or the
general welfare of the City.
8. The off -site parking areas are located so as
to be useful to the proposed uses.
-48-
INDEX
5-
CON1MMIONER5
Iwll JC N
Optember 4, 19RC
Of
•
t Beach
V111 l 117 5
ROLL CALL I I I I I I I I I INDEX
9. The applicants are proposing to enter into
and record reciprocal parking_ and access
agreements.
10. The off -site parking spaces will not create
undue traffic hazards in the surrounding
areas. In fact, the proposed parking layout
of the subject parking lots will create
better automobile storage than now exists.
11. The City Traffic Engineer has no objections
with the off -site parking arrangement.
12. That the goals and objectives of the Local
Coastal Plan will riot he prejudiced by this
decision. That this project is in no way
bearing on any other waterfront project.
13. That based on a careful review of the propos
project and the testimony presented at the
public hearing, additional off - street parkin
is not required to be provided for the com-
mercial slips.
14. That the hours of operation of the proposed
restaurant and commercial fishing boats are
such so as to allow joint use of off - street
parking facilities that will not be detri-
mental to the peak occupancy of either use.
CONDITIONS:
1. That development shall be in substantial con-
formance with the approved plot. plans, floor
plans and elevations.
2. That an off -site parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of thirty -six parking spaces
shall be provided on Lots 4, 5, 6, 7 and 8
of Block 225, twelve parking spaces shall be
provided on Lots 27 and 28 of Block 225; and
twenty parking spaces shall be provided on
Lots 5 and 6 of Block 425, Lancaster's Addi-
tion to Newport Beach, for the duration of
the proposed use.
,.
CC)MAiiStilC)NERS � � N11'�l� I E 5
SE�ptemhcr 4, 1'f Y, (1
a� n
City of N(-)'WD(
xt Beach
3. That said agreements shall be signed by the
applicants prior to the issuance of building
permits.
4. That employees of the restaurant shall be
required to park on the approved off -site
parking lots, and three (3) spaces shall be
provided for the commercial slips during
their hours of operations.
5. That any mechanical equipment and trash area!
shall be screened from the adjoining resi-
dential property and from abutting streets.
6. A Harbor Permit (for any portion of the
building over the water and for any work
done bayward of the existing bulkhead),.
Army Corps of Engineers Permit and a Coastal
Commission Permit shall be secured for the
proposed project.
7. If there is a transfer of ownership of the
uplands, the Harbor Permit shall be trans-
ferred to the applicants.
B. During construction activities, debris shall
be prevented from entering the bay through
the use of traps and containment booms in a
manner satisfactory to the Planning, Buildin
and Marine Departments.
9. The site shall be subject to a grading per-
mit to be approved by the Building Departmen
10. An erosion and dust control plan shall be
submitted with the grading permit applicatioi
and will be subject to the approval of the
Building Director.
11. The erosion and siltation control plan shall
be approved by the California Regional Water
Quality Control Board (Santa Ana Region).
The plan must be submitted to the Board
thirty days prior initiating construction
activities.
12. The applicants shall maintain the site in
a clean and orderly manner and will provide
the periodic debris collection and disposal.
-50-
INDEX
CC)M`OIStiK)NLRS ?�tl'�1, f f 5
optemher• 4, 1pltri
� S )
City of Newport Beach
ROLL CALL INDEX
13. The applicants shall provide on -site reten-
tion basins (i.e., grease traps) and provide
for their maintenance, if required by the
Building Department. The maintenance pro-
gram shall be reviewed by the General Ser-
vices Director and approved by the Building
Department.
14. The applicants shall provide for weekly
vacuum sweeping of all surface parking areas.
15. The final design of the parking lots shall
be approved by the City's Traffic Engineer.
16. The project shall be landscaped as depicted
on the site plan including the proposed land-
scape planter areas in the off -site parking
lots. However, no landscaping or other
obstructions shall be permitted within 5 feet
of the alley right -of -way adjacent to off -sit
Parking Lots 1 and 2.
17. The landscape plan shall be subject to the
review of the Parks; Beaches and Recreation
Department and approval of the planning
Department.
18. The landscape plan shall include an irrigatio
plan designed to minimize water usage and
prevent over - watering.
19. The landscape plan shall include a maintenanc
program which controls the use of fertilizers
and pesticides.
70. The landscape plan ;hall place heavy emphasis
on the use of drought.- re,i;tanl. native
vegetation.
21. Final design of the project shall provide for
the incorporation of water - saving devices for
project lavatories and other water -using
facilities.
22. A provision for weekly debris cleanup around
the commercial slip area shall be made prior
to the occupancy of the proposed project.
-51-
1
CC��1h11.SS1ONLRy SPombrr 4, 11)ti v1ltit;liS
City of Newport Beach
P
ROLL CALL INDEX
23. Prior to the occupancy of the building, a
program for the sorting of recyclable mater-
ial from other solid waste shall be develope
and approved by the Planning Department.
24. That the proposed parking layouts shall be
subject to further review and approval by
the Public Works Department.
25. The use of valets for parking shall be re-
quired during all hours of operation.
26. A sufficient number of valets shall be em-
ployed to prevent restaurant customers from
having to wait in the street.
27. Due to the demand for parking in this area,
it will be necessary for the applicants to
ensure that the off -site parking lots are
not used by others, to the satisfaction of
the City Traffic Engineer.
28. That a minimum of one parking space for each
40 sq. ft. of "net public area" and one
parking space for each 250 sq. ft. of floor
area in the fish market shall be provided.
29. That all applicable conditions of approval
of Resubdivision No. 650 required for this
project be fulfilled.
30. That the existing underground fuel storage
facility located on the proposed off -site
Parking Lot No. 1 shall be removed or
filled in accordance with the requirements
of the Building Department.
31. That all improvements (curb, gutter, side-
. walk and paveaut) be constructed along the
Villa Way and 28th Street frontages of
Lots 27 and 28, Block 225, with an access
ramp to be constructed at the corner of
Villa Way and 28th Street. Improvement
plans will be provided by the Public Works
Department.
32. That the existing substandard and deterior-
ated curb and sidewalk alonq Newport Boule-
-52-
C OMMI )SIONIP',
a
9pt. e'mh('r �, I1) P.0
0
of Newport Beach
MI ":U I f S
ROLL CALL I I I I I I I I IINUEX
vard adjacent to Lots 4 - 8, Block 225, be
reconstructed with new standard curb and
gutter and full width sidewalk. All unused
existing drive approaches shall be closed up
33. That full width concrete alley pavement be
constructed in the alley parallel to Newport
Boulevard, extending from 28th Street to
the northerly line of Lot 8, Block 225. The
design will be provided by the Public Works
Department.
34. That a fifteen -foot radius corner cutoff
at the southwesterly corner of Villa Way
and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying
surety be provided to guarantee the satis-
factory completion of public improvements
if it is desired to obtain Building Permits
before the public improvements are completed,
36. That the applicant shall provide docking
facilities for the existing commercial
fishing vessels, and assure any rate in-
creases will not exceed commercial index
pricing and added cost, if mandated on
tideland fees.
37. That the retail seafood market shall be
limited to said use, with no on -sale or
take -out food permitted.
38. That the project shall provide elevator or
ramp access for handicapped to the first
and second floors of the restaurant.
39. That off -site Parking Lot No. 3 be maintainer
in such a manner so as to provide 20 parking
spaces and that existing trash bins and
materials be removed.
40. That the second -floor cocktail lounge of the
restaurant shall not be open to the public
prior to 6:00 p.m. during the week and prior
to 12:00 noon on weekends.
C()M,b1bSI0NLRS S(Amber 4, 1930 ml1 LjIiS
� � � I City of Newport Beach
ROLLCALLI III III INDEX
Motion
Ayes
Noes
Absent
X
X X
IX
Request to permit the installation of outdoor Item #16
lighting on 20 foot standards in conjunction with
an existing tennis court in the R -1 District. USE PERM
N0.
LOCATION: Lot 185, Tract 2813, located at 1950
401 Avocado Avenue on the south APPROVED
westerly corner of Avocado Avenue CONDI-
and Waterfront Drive in Corona del TIONALLY
Mar.
ZONE: R -1
APPI ICAN1 Charle', Whvelrr, Coron,i del Mar
SkNER: Same as applicant
Chair Haidinger
noted two letters
of approval
which
d been sent
to the Planning
Commission
on this
equested use
permit.
The public eating was opened in connection with
this item an Mr. Roy Collins, representing the
applicant, app red before the Commission and
stated that the are in agreement with the
recommendations oX the staff report.
Motion was made that the Planninq Commission ap-
prove 11se Per•nii1.. No. 5(1 tnhjeci_ I.o t.hr foIIowin
findings and condi1.ions
EIN1)1NGS:
I. That the proposed use is \1oncea ent with the
Land Use Element of the Plan and is
compatible with surround uses.
2. The project will not havnificant
environmental impacts.
3. That the proposed illumiill a in-
stalled in such a manner oncea the light source and to miniht spi age
and glare to the adjoiniential o-
perties.
-5q-
�i •P Ian ning Commission Meet i!__.September 4, 1980
Agenda Item No. 15
CITY OF NEWPORT BEACH
August 28, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 1949 (Public Hear
Request to convert and remodel an existing structure
into a restaurant and commercial fish market with
on -sale alcoholic beverages in the M -1 District. The
proposal also includes the request to accept an offsite
parking agreement for the required offstreet parking
spaces. A modification to the Zoning Code is also
requested, since a portion of the subject offstreet
parking spaces are tandem spaces (where the Ordinance
requires that all parking spaces shall be accessible).
Furthermore, a portion of the offsite parking spaces
encroach 4' or 5' into the required 10' rear yards
adjacent to an alley.
LOCATION: Lot Nos. 1 and 2, Block 425, Lancaster's Addition to
Newport Beach, located at 2800 Lafayette Avenue on the
northeasterly corner of Lafayette Avenue and 28th
Street in Cannery Village.
ZONE: M -1
APPLICANT: Archi - Tekton, Incorporated, Newport Beach
OWNER: Tonti - Walker Investors Incorporated, Irvine
AoDlication
The applicants request approval of Use Permit No. 1949 to convert
and remodel an existing structure into a restaurant and commercial fish
market with on -site sale of alcoholic beverages in the M -1 District
and the acceptance of an Environmental Document. Use Permit procedures
are outlined in Section 20.80 of the Newport Beach Municipal Code.
Environmental Documents are processed in accordance with the CEQA, the
"State EIR Guidelines" and City Policy K -3.
The proposed project also includes the request to accept an off -site
parking agreement for the required off - street parking spaces. A
modification to the Zoning Code is also requested, since a portion
of the subject off - street parking spaces are tandem spaces (where the
Ordinance requires that all parking spaces shall be accessible). Further -
iore, a portion of the off -site parking spaces encroach 4' or 5' into the
,- equired 10' rear yard adjacent to an alley. Modification procedures
are contained in Chapter 20.81 of the Municipal Code.
- 1 -
TO: PI Sing Commission -12. •
Background
At the April 28, 1980 City Council meeting, the City Council
approved (7 ayes, 0 noes) Use Permit No. 1926 to construct a two -story
restaurant facility with on -site sale of alcoholic beverages, an
Off -site Parking Agreement, the Environmental Document, and Resubdivision
No. 650 to establish one building site for the restaurant use for this
proposed restaurant site. At the February 7, 1980 Planning Commission
meeting, the Commission denied Use Permit No. 1926 (s Ayes, 2 Noes,
2 Absent) and Resubdivision No. 650 (3 Ayes, 2 Noes, 2 Absent).
A copy of the City Council and Planning Commission Minutes and staff.
reports are attached for Commission review. The applicant now
proposes to remodel and expand the existing commercial building on the
site in conjunction with the proposed development.
Project Description
The proposed Seaside Restaurant development comprises a two -story
building and three off -site parking areas for off - street parking.
In order to develop the project, several approvals are requested of
the City as outlined below:
Restaurant Site: The proposed restaurant and commercial
Fis Mar et site is located between Lafayette Avenue and the
Rhine Channel in the Cannery Village /McFadden Specific Area Plan
Area. The first floor of the remodeled structure will contain
a Fish Market, lobby, dining area, greenhouse dining area and
kitchen facilities. The second floor will contain a cocktail
lounge and storage areas.
Off -Site Parkin Area No. 1: Off -Site Parking Area No. 1
is ocate diagonal y across from the proposed restaurant,
fronting on 28th Street between Villa Way and an alley. This
lot contains twelve parking spaces of which eight are tandem.
Off -Site Parking Area No. 2: Off -Site Parking Area No. 2 is
locate on Newport Boulevard between the aforementioned and
the alley. This lot contains thirty -six parking spaces.
Off -Site Parking Area No. 3: Off -Site Parking Area No. 3 is
60 feet northerly of the restaurant site and contains twenty
parking spaces which will be available for the proposed project
after 6:00 P.M. Monday through Friday, and after 12:00 noon on
weekends.
General Plan
The proposed project is consistent with the Newport Beach General
Plan. An Element Plan Analysis of the project site is provided in the
February 1, 1980 Planning Commission Staff Report which is attached.
Environmental Significance
In accordance with CEQA, the "State EIR Guidelines ", and City Policy
K -3, an Initial Study was prepared on this project. The City's Environ-
mental Affairs Committee has reviewed the Initial Study and on the basis
TO: PI& ing Commission -13. •
of the information contained therein, recommended that a Negative
Declaration be accepted on this project. A copy of the Negative
Declaration is attached.
Zoning /Project Comparison
M -1
Zoning
Restaurant Si
Proposed
Project
Building Height
26'•/35'
Ridge - 31 + (1)
Average - 2b'
F.A.R.
3 times
7,030 sq.ft. +
or
buildable
1.17 X buildable
area or
area (2);
9,000
2541 sq.ft.
sq.ft. ±
"net public area"
in restaurant
and
550 sq.ft. in
fish
market.
Front Yard
0'
First Floor -
o'
Second Floor -
0' to 16'
Side Yard
0'
South - 0' to
7'
North - 0' to
30'
Rear Yard
0'(3)
First Floor -
15'
(Channel Side)
Second Floor -
N/A
Rear Yard Alley
10'(4)
4' to 5'
for parking lots
Previously Approved
Project
Ridge - 31'
Average - 26'
5,015 sq.ft. or 0.83 x
buildabale area (when
excluding parking area on
ground level); 2497 sq.ft
"net public area" in
restaurant facility.
First Floor - 0'
Second Floor - 0'
South side 0' to,5'
North side 0'
First Floor - 15'
Second Floor - 10'
4' to 5'
(')The proposed portion of the structure designed to represent a light
house exceeds the average 26' height limit. The applicant has indicated
that the final drawing will be revised in compliance with the height limit.
(2 )The buildable area is reduced to .33 X the buildable area when
including the buildable areas of the two offsite parking lots exclusively
used by the restaurant facility.
(3 )The project design provides a 5' public walkway along the Rhine
Channel.
(4 )The applicant has requested a modification to the zoning requirements
to allow off - street parking spaces in the required alley setback on
off -site parking lot nos. 1 and 2. The City Traffic Engineer has no
objections with the applicant's request.
Off- Street Parking Requirements
S �:_y -four (64) offstreet parking spaces would be required for the
pr. :osed restaurant facility based upon one parking space for each
4° sq.ft. of "net public area" (2541 sq.ft. + divided by 40 = 63.5
of 54 spaces). The tabulation on the plot plan indicates that 2,400
TO: Planog Commission -14. •
sq.ft. of "net public area" is proposed, which is not correct. The
tabulation did not include the lobby on the first floor as required.
Furthermore, the tabulation also included the bar area on the second
floor, which should be deleted from the "net public area ").
The parking spaces could also vary under current parking standards from
51 spaces (one parking space for each 50 sq.ft. of "net public area ")
to 85 spaces (one parking space for each 20 sq.ft. of "net public area."
Staff feels that one parking space for each 40 sq.ft. of "net public
area" is adequate since no dancing or live entertainment is proposed.
In addition to the restaurant parking requirements, 3 parking spaces are
required for the proposed 550 sq.ft. + retail fish market (550 sq.ft.
divided by 250 sq.ft. = 3 spaces). Sixty -seven (67) parking spaces
would therefore be required for the proposed development. The offstreet
parking spaces would normally be required for the four commercial boat
slips bayward of the site. However, the City Council waived said
parking spaces in conjunction with the approval of Use Permit No. 1926,
based upon the following findings:
a) "Based upon a careful review of the proposed project and
the public hearing, additional offstreet parking is not
required to be provided for the commercial slips; and
b) The hours of operation of the proposed restaurant and
commercial fishing boats are such so as to allow joint use
of the off - street parking facilities that will not be
detrimental to the peak occupancy of either use."
Staff feels that the subject parking spaces should be waived again,
inasmuch as the joint operations will remain as originally approved.
Sixty -eight (68) off - street parking spaces are proposed on three
off -site parking lots noted above. However, 20 of said parking spaces
on Off -Site Parking Area No. 3 will be available for the restaurant
use only after 6:00 P.M. during the week and after 12:00 noon on weekends.
The applicant is aware of the situation and has suggested that the
second floor cocktail lounge not be open for business except for said
hours. Staff has no objections with the applicant's request, since
20 parking spaces are required for the lounge area (773 sq.ft. ± divided
by 40 sq.ft. = 19.3 or 20 spaces).
Off -Site Parking Lots
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
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.
TG: PlWing Commission -15.
(c) Such lot and the building site are in the same ownership, 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 ownership in fee or a leasehold interest of a duration
adequate to serve all proposed uses on the building 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 in 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 Planning
Department.
Staff is of the opinion that all three off -site lots meet the findings
noted above.
The following map illustrates the three off -site parking lots as well as
major access points, traffic signals, interior circulation and
pedestrian access to Cannery Village:
--i ONE - W.
1=� Two -WI
O STOP Si�N
TKAOF . Sia%Ay,
u <koT' uo.3
w.e. uo.i
..Y�� ►a.z
ILW
TO: Plann09 Commission -16. 0
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
building 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.
Staff recommends approval of Use Permit No. 1949 and suggests that
the Planning Commission make the following findings and conditions
in conjunction with the applicant't request as set forth in Exhibit "A."
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
,
By
Fre Ta artco
Environmental Coordinator
FTJdt
ATtachments: Exhibit "A"
City Council Minutes - April 28, 1980
Staff Report dated - April 22, 1980
Planning Commission Minutes - February 7, 1980
Staff Report dated - February 1, 1980
Negative Declaration
Plot Plans, Floor Plans, and Elevations
a 17 •
EXHIBIT A
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
ENVIRONMENTAL DOCUMENT
Accept the Environmental Document as complete with the findings
indicated below:
FINDINGS:
1. That an Initial Study and Negative Declaration has been
prepared in compliance with the California Environmental
Quality Act, and that their contents have been considered
in the decisions on this project.
2. That based on the information contained in the Negative
Declaration, the project incorporates sufficient mitigation
measures to reduce potentially- significant environmental
effects, and that the project will not result in significant
environmental impacts.
USE PERMIT NO. 1949
Approve Use Permit No. 1949 with the findings and subject to the
conditions listed below:
FINDINGS:
1. That the proposed use is consistent with the City of Newport
Beach General Plan and is compatible with surrounding land
uses.
2. The project will not have any significant environmental
impact.
3. The Police Department has indicated that they do not con-
template any problems.
4. The proposed structure is in keeping with the desired
character of the Specific Plan Area as identified by the
General Plan.
5. The proposed use will not preclude the attainment of the
Specific Area Plan objectives stated in the Land Use Ele-
ment of the General Plan.
6. That the establishment of off - street parking spaces in the
required ten foot alley setback and tandem parking spaces
will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
• j8 •
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
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, and further that the proposed modifica-
tion is consistent with the legislative intent of Title 20
of the Municipal Code.
7. The approval of Use Permit No. 1949 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.
8. The off -site parking areas are located so as to be useful
to the proposed uses.
9. The applicants are proposing to enter into and record
reciprocal parking and access agreements.
10. The off -site parking spaces will not create undue traffic
hazards in the surrounding areas. In fact, the proposed
parking layout of the subject parking lots will create
better automobile storage than now exists.
11. The City Traffic Engineer has no objections with the off -
site parking arrangement.
12. That the goals and objectives of the Local Coastal Plan
will not be prejudiced by this decision. That this project
is in no way bearing on any other waterfront project.
13. That based on a careful review of the proposed project and
the testimony presented at the public hearing, additional
off - street parking is not required to be provided for the
commercial slips.
14. That the hours of operation of the proposed restaurant and
commercial fishing boats are such so as to allow joint use
of off - street parking facilities that will not be detrimental
to the peak occupancy of either use.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved plot plans, floor plans and elevations.
0 19
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
2. That an off -site parking agreement shall be approved by the
City Council, guaranteeing that a minimum of thirty -six
parking spaces shall be provided on Lots 4, 5, 6, 7 and 8 of
Block 225; twelve parking spaces shall be provided on Lots 27
and 28 of Block 225; and twenty parking spaces shall be pro-
vided on Lots 5 and 6 of Block 425, Lancaster's Addition to
Newport Beach, for the duration of the proposed use.
3. That said agreements shall be signed by the applicants prior
to the issuance of building permits.
4. That employees of the restaurant shall be required to park on
the approved off -site parking lots, and three (3) spaces shall
be provided for the commercial slips during their hours of
operations.
5. That any mechanical equipment and trash areas shall be
screened from the adjoining residential property and from
abutting streets.
6. A Harbor Permit (for any portion of the building over the
water and for any work done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a Coastal Commission Permit
shall be secured for the proposed project.
7. If there is a transfer of ownership of the uplands, the Harbor
Permit shall be transferred to the applicants.
8. During construction activities, debris shall be prevented
from entering the bay through the use of traps and containment
booms in a manner satisfactory to the Planning, Building and
Marine Departments.
9. The site shall be subject to a grading permit to be approved
by the Building Department.
10. An erosion and dust control
grading permit application
of the Building Director.
plan shall be submitted with the
and will be subject to the approval
11. The erosion and siltation control plan shall be approved by
the California Regional Water Quality Control Board (Santa Ana
Region). The plan must be submitted to the Board thirty days
prior to initiating construction activities.
12. The applicants shall maintain the site in a clean and orderly
manner and will provide the periodic debris collection and
disposal.
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
13. The applicants shall provide on -site retention basins (i.e.,
grease traps) and provide for their maintenance, if required
by the Building Department. The maintenance program shall
be reviewed by the General Services Director and approved by
the Building Department.
14. The applicants shall provide for weekly vacuum sweeping of all
surface parking areas.
15. The final design of the parking lots shall be approved by the
City's Traffic Engineer.
16. The project shall be landscaped as depicted on the site plan
including the proposed landscape planter areas in the off -
site parking lots. However, no landscaping or other obstruc-
tions shall be permitted within 5 feet of the alley right -of-
way adjacent to Off -site Parking Lots 1 and 2.
17. Thelandscape plan shall be subject to the review of the Parks,
Beaches and Recreation Department and approval of the Planning
Department.
18. The landscape plan shall include an irrigation plan designed
to minimize water usage and prevent over - watering.
19. The landscape plan shall include a maintenance program which
controls the use of fertilizers and pesticides.
20. The landscape plan shall place heavy emphasis on the use of
drought- resistant native vegetation.
21. Final design of the project shall provide for the incorpora-
tion of water - saving devices for project lavatories and
other water -using facilities.
22. A provision for weekly debris cleanup around the commercial
slip area shall be made prior to the occupancy of the proposed
project.
23. Prior to the occupancy of the building, a program for the
sorting of recyclable material from other solid waste shall
be developed and approved by the Planning Department.
24. That the proposed parking layouts shall be subject to further
review and approval by the Public Works Department.
?5. The use of valets for parking shall be required during all
hours of operation.
0 19 •
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
2. That an off -site parking agreement shall be approved by the
City Council, guaranteeing that a minimum of thirty -six
parking spaces shall be provided on Lots 4, 5, 6, 7 and 8 of
Block 225; twelve parking spaces shall be provided on Lots 27
and 28 of Block 225; and twenty parking spaces shall be pro-
vided on Lots 5 and 6 of Block 425, Lancaster's Addition to
Newport Beach, for the duration of the proposed use.
3. That said agreements shall be signed by the applicants prior
to the issuance of building permits.
4. That employees of the restaurant shall be required to park on
the approved off -site parking lots, and three (3) spaces shall
be provided for the commercial slips during their hours of
operations.
5. That any mechanical equipment and trash areas shall be
screened from the adjoining residential property and from
abutting streets.
6. A Harbor Permit (for any portion of the building over the
water and for any work done bayward of the existing bulkhead),
Army Corps of Engineers Permit and a Coastal Commission Permit
shall be secured for the proposed project.
7. If there is a transfer of ownership of the uplands, the Harbor
Permit shall be transferred to the applicants.
8. During construction activities, debris shall be prevented
from entering the bay through the use of traps and containment
booms in a manner satisfactory to the Planning, Building and
Marine Departments.
9. The site shall be subject to a grading permit to be approved
by the Building Department.
10. An erosion and dust control plan shall be submitted with the
grading permit application and will be subject to the approval
of the Building Director.
11. The erosion and siltation control plan shall be approved by
the California Regional Water Quality Control Board (Santa Ana
Region). The plan must be submitted to the Board thirty days
prior to initiating construction activities.
12. The applicants shall maintain the site in a clean and orderly
manner and will provide the periodic debris collection and
disposal.
i -10 •
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
13. The applicants shall provide on -site retention basins (i.e..
grease traps) and provide for their maintenance, if required
by the Building Department. The maintenance program shall
be reviewed by the General Services Director and approved by
the Building Department.
14. The applicants shall provide for weekly vacuum sweeping of all
surface parking areas.
15. The final design of the parking lots shall be approved by the
City's Traffic Engineer.
16. The project shall be landscaped as depicted on the site plan
including the proposed landscape planter areas in the off -
site parking lots. However, no landscaping or other obstruc-
tions shall be permitted within 5 feet of the alley right -of-
way adjacent to Off -site Parking Lots 1 and 2.
17.
Thelandscape plan
shall
be subject to the review of the Parks,
Beaches and Recreation
Department
and approval of the Planning
Department.
18.
The landscape plan
shall
include an irrigation plan designed
to minimize water
usage
and prevent over - watering.
19.
The landscape plan
shall
include a maintenance program which
controls the use of
fertilizers
and pesticides.
20.
The landscape plan
shall
place heavy emphasis on the use of
drought- resistant
native
vegetation.
21. Final design of the project shall provide for the incorpora-
tion of water- saving devices for project lavatories and
other water -using facilities.
22. A provision for weekly debris cleanup around the commercial
slip area shall be made prior to the occupancy of the proposed
project.
23. Prior to the occupancy of the building, a program for the
sorting of recyclable material from other solid waste shall
be developed and approved by the Planning Department.
24. That the proposed parking layouts shall be subject to further
review and approval by the Public Works Department.
25. The use of valets for parking shall be required during all
hours of operation.
0 21 •
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
26. A sufficient number of valets shall be employed to prevent
restaurant customers from having to wait in the street.
27. Due to the demand for parking in this area, it will be necessary
for the applicants to ensure that the off -site parking lots
are not used by others, to the satisfaction of the City Traffic
Engineer.
28. That a minimum of one parking space for each 40 sq. ft. of
"net public area" and one parking space for each 250 sq. ft.
of floor area in the fish market shall be provided.
29. That all applicable conditions of approval of Resubdivision
No. 650 required for this project be fulfilled.
30. That the existing underground fuel storage facility located
on proposed off -site Parking Lot No. 1 shall be removed or
filled in accordance with the requirements of the Building
Department.
31. That all improvements (curb, gutter, sidewalk and paveout)
be constructed along the Villa Way and 28th Street frontages
of Lots 27 and 27, Block 225, with an access ramp to be con-
structed at the corner of Villa Way and 28th Street. Improve-
ment plans will be provided by the Public Works Department.
32. That the existing substandard and deteriorated curb and side-
walk along Newport Boulevard adjacent to Lots 4 - 8, Block 225,
be reconstructed with new standard curb and gutter and full
width sidewalk. All unused existing drive approaches shall be
closed up.
33. That full width concrete alley pavement be constructed in
the alley parallel to Newport Boulevard, extending from 28th
Street to the northerly line of Lot 8, Block 225. The design
will be provided by the Public Works Department.
34. That a fifteen -foot radius corner cutoff at the southwesterly
corner of Villa Way and 28th Street be dedicated to the public.
35. That a standard agreement and accompanying surety be provided
to guarantee the satisfactory completion of public improvements
if it is desired to obtain Building Permits before the public
improvements are completed.
36. That the applicant shall provide docking facilities for the
existing commercial fishing vessels, and assure any rate
increases will not exceed commercial index pricing and added
cost, if mandated on tideland fees.
• -)2 •
EXHIBIT A (continued)
Suggested Findings and Conditions for
Project Approval - As Submitted to
the Planning Commission - September 4, 1980
37. That the retail seafood market shall be limited to said use,
with no on -sale or take -out food permitted.
38. That the project shall provide elevator or ramp access for
handicapped to the first and second floors of the restaurant.
39. That off -site Parking Lot No. 3 be maintained in such a manner
so as to provide 20 parking spaces and that existing trash
bins and materials be removed.
40. That the second -floor cocktail lounge of the restaurant shall
not be open to the public prior to 6:00 p.m. during the week
and prior to 12:00 noon on weekends.
1; *CITY OF NEWPORT BEA*
COUNCILMEN
ROLL \NL\I'\\S April 28, 1980
i
MINUTES
Motion
Ayes
x
x
Councilmen Maurer made a motion to approve the
Noes
x
x
x
application, which motion failed.
Abstain
x
Notion
x
The Council's previous action denying approval of
Ayes
x
x
x
x
x
the encroachment was reconsidered.
Noss
x
Motion
The application was continued to May 12, and staff
Ayes
x
z
x
x
x
was directed to report back on the magnitude of
Noes
x
z
the encroachment problem in that area only.
The regular order of the agenda vas resumed.
GS:
Heather opened the continued public hearing
Use Permit
ing Use Permit No. 1930, referred to the
No. 1930
Council by the Planning Commission with no
(88)
ndation. This is a request by Lee 6 Struc
cts, Inc. to permit the construction of a
I
te office hmUding exceeding 5,000 sq. ft.
oor as in a Specific Area Plan where a
fic p hoe sot bean adopted; end the accap
of an vironmental Document; on property
d at 350 orth Newport Boulevard, oa [ha
erly corner f North Newport Boulevard and
s Street, ad ent to Newport Heights;
Zonal C-1 -H.
A report dated April 9, es presented from the
Planning Department.
A petition signed by 15 reef nts and a letter
from Jana and Robert mcGiffin Herding the sonln
for the project, and a petition Bred by 23 real
dente opposing the project were pr anted.
Arthur Struck, Les and Struck Archite •, 4220
_
Von Karmen AV"", Newport Beach, who 0
represented Herbert Sutton, updated their taff
-
report and distributed additional condition for
approval to the Council.
-
Pat Strang, President of the Newport Heights
Association addressed the Council and opposed the
Development.
Al Reasly, representing his mother, Mrs. Basis K.
Espe, and Lu Anne Baker addressed the Council and
opposed the project.
,
Notion
x
The hearing was continued to May 12.
All Ayes
I
I
I
2. Mayor Heather opened the public hearing regarding
Use Permit
the appeal of Tonti- Walker Investors from the
No. 1926
decision of the_Planning Commission on _Febr,Va,ry 7
1.
(88)
1980 denying Use Permic No. 1926, a request to
cunatruct a two -story _restaurant facility with
on -sale alcoholic beverages „ in, the M_1, District,
an �ofi- spit —e varkin�egreemant, and the acceptance
of an Environmental Document;
and
Volume '34 - Page 93
Z �{
COUNCILMEN
\
POLL NAAWN
L_
Motion
All Ayes,
Motion
CITY OF NEWPORT BEACH
MINUTES
Reaubdivislon
No. 650
(84)
April 28, 1980
`
1
Resubdivision No. 650, which would establish one
building site for said rF aurant and eliminate an
interior lo[ line where two lots now exist on
i{
{
property located at 2800 Lafayette Avenue on the
northeasterly comer of Lafayette Avenue and
1
I
28th Street in Cannery Village.
A report was presented from the Planning Depart-
ment.
Richard Doo and William Clapits of Archi- Tektoo,
representing Tonti- Walker Iavestors, addressed
the Council and responded to questions regarding
the project.
Edward R. Francis, representing the fishing boats
In the Rhine Channel, stated that they have an
equitable agreement with the applicant'£or the
existing slips to remain as they now exist and
that the applicant has offered to buy fresh fish
for use in their business from the fishermen in
the area.
Doug Bray, Commercial fisherman and Chairman of
the Harbor Co®ittee for the United Fishermen's
Organization,, stated that the organization did not
oppose the development project, as long u the
commercial fleet has the opportunity to remain.
Pater Touti, General Partner of Tonti- Walker,
expressed his desire to build a restaurant and
seafood market, keeping the fishermen there for
as long u they care to stay, along with maintain-
. ing the local color of the area.
Albert Abdinor, President of Corrigan Co., of
Pala Wrings, spoke in favor of the restaurant
and warehouse, stating that their present location
was not economically feasible.
Nick Delaney, Costa Mesa, expressed his desire to
have a restaurant built in this area,
Buzz Person, representing Art Mellow, who owns
property located on Newport Boulevard and who has
his offices in Cannery Village, stated that he
favored the plan, since it would be another alter-
native to Delaney, the Cannery and E1 Ranchito.
x
The hearing was closed after it was determined
1
that no one else desired to be hoard.
x
Mayor 1•ro Teropore Nart wale a mu Lion as follows:
To approve as per Exhibit A (all the condi-
done and [he Environmental Document) and
Exhibit C (parking for the commercial fisher-
men an the added conditions to A as
Condition 35 - To provide docking facilities
for the existing commercial fishing vessels,
Volume 34 - Page 94
Reaubdivislon
No. 650
(84)
C •PSeaSe substitute the had
2 ) page for those in your y
of the 4 -28 -80 Minutes.
ROLL
LOUNLILM[n
1 A
CALL
�; EWPORT BEACH
April 28, 1980
MINUTES'
J
and assure any rate increases will not exceed
I
commercial index pricing and added cost, if
m.-mdated on tideland fees:
Condition 36 - That approved landscaping be
'
installed along Newport Boulevard approved
by the Parka, Beaches and Recreation Director;
Condition 37 - That sale of packaged seafood,
similar to what formerly existed on the site,
as opposed to a take -out establishment- -not
food for consumption on the premises, or in
the immediate vicinity; and
Finding 12 - That the goals and the objec-
tives of the Local Coastal Plan will not be
prejudiced by this decision. That'this pro-
ject L no way bearing on any other waterfront
project.
Mayor Pro Tomoote Hart asked that the veto on bar
ruin motion exclude Condition 37.
coygq_ilman Btra es asked that Mayor Pro Tampere
Hart'q motion be amended to sti Hlate that a
retail seafood market be limited to o 1 that
and no on -sale or take -out food, which amendment
was a- 'ccepted by [fie maker of the motion.
1.11 Ayes
A vote was taken on Mayor Pro Temoore_ Hart's _
l�e�a.a motfon� which carried.
3. Mayor Heather opened the public hearing regarding
Zoning
the appeal of Ernest George from the decision of
Modifleati
the Planning Commission on March 20, 1980, denying
No.2"2
Modificeffon No. 2502 (referred to the Planning
(94)
Commission by the City Council on February 11,
1980), being a request to permit interior and
exterior alterations to an existing nonconforming
'
building located at 2610 East Coast Highway, on
the easterly side of East Coast Highway betwe
Dahlia Avenue and Pernleaf Avenue in Coron el
Mar; zoned C -1.
A report was presented from the Pla iag Depart-
'
went.
Ernest George, the applican addressed the
Council, responding to qu tions regarding his
Appeal.
Frank Jank addres- d the Council and endorsed
the applicant's ppeal.
,t ion
.1 Ayes
x
The hearin as closed after it was determined
i
the a else desired to be heard.
,,ion$ Ix
Aye III
I
i
The inning Commission's decision was overruled,
I
I
a the applicant's request was approved, subject
I
o the conditions and findings in Exhibit A.
1
I
Vulume 34 - Page 95
J
z. _
April 22, 1980
• •
City Council Meeting _ April 28, 1980
Agenda Item No.
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: Use Permit No. 1926 (Public Hearing)
D -2
Request to construct a two -story restaurant facility
with on -sale alcoholic beverages in the M -1 District
and the acceptance of an Environmental Document.
The proposal also includes the request to accept an
off -site parking agreement for a portion of the required
off - street parking spaces. A modification to the Zon-
ing Code is also requested since a portion of the subject
off- street parking spaces are tandem spaces (where the
Ordinance requires that all parking spaces shall be
accessible). Furthermore a portion of the off -site
parking spaces encroaches four or five feet into the
required ten foot rear yards adjacent to an alley.
LOCATION: Lots No. 1 and 2, Block 425, Lancaster's Addition
to Newport Beach, located at 2800 Lafayette Avenue,
on the northeasterly corner of Lafayette Avenue and
28th Street in Cannery Village.
ZONE: M -1
APPLICANT: Tonti - Walker Investors, Irvine
OWNER: Nick Delaney, Costa Mesa
AND
SUBJECT: Resubdivision No. 650 (Public Hearing)
Request to establish one building site and eliminate
an interior lot line where two lots now exist so as
to permit restaurant development on the property.
LOCATION: Lots No. I and 2, Block 425, Lancaster's Addition
to Newport Beach, located at 2600 Lafayette Avenue,
on the northeasterly corner of Lafayette Avenue
and 28th Street in Cannery Village.
: -1 0
TO: City Council - 2.
ZONE: M -1
APPLICANT: Tonti- Walker Investors, Irvine
ENGINEER: Archi - Tekton, Newport Beach
Application
•
The applicants request approval of Use Permit No. 1926 to construct
a two -story restaurant facility with on -site sale of alcoholic bev-
erages in the M -1 District and the acceptance of an Environmental
Document. Use Permit procedures are outlined in Section 20.80 of
the Newport Beach Municipal Code. Environmental Documents are pro-
cessed in accordance with the CEQA, the "State EIR Guidelines" and
City Policy K -3.
The proposed project also includes the request to accept an off -site
parking agreement for a portion of the required off - street parking
spaces. A modification to the Zoning Code is also requested since a
portion of the subject off - street parking spaces is tandem spaces
(where the Ordinance requires that all parking spaces shall be acces-
sible). Furthermore a portion of the off -site parking spaces en-
croaches four to five feet into the required ten foot rear yard
setback adjacent to an alley. Finally, the applicants' request of
Resubdivision No. 650 to establish one building site and eliminate
an interior lot line where two lots now exist so as to permit the
restaurant development on the property. Resubdivision procedures
are outlined in Section 19.12.040 of the Newport.Beach Municipal Code.
Suggested Action
Hold hearing; close hearing; if desired, sustain, modify or overrule
the decision of the Planning Commission, and accept or take no action
on the Environmental Document.
Plannina Commission Recommendatio
At the February 7, 1980 Planning Commission meeting, the Commission
denied Use Permit No. 1926 (3 Ayes, 2 Noes, 2 Absent) and Resub-
division No. 650 (3 Ayes, 2 Noes, 2 Absent), with the findings
indicated below. A copy of the Planning Commission minutes is
attached.
Use Permit No. 1926
FINDINGS:
That the approval of Use Permit No. 1926 at this time
will, under the circumstances of this application,
prejudice the City's ability to prepare a- certifiable
Local Coastal Plan.
T0: City Council - 3.
2. That the approval of Use Permit No. 1926 would commit
the proposed project sites to uses that in the opinion
of the City cannot be justified prior to the completion
of the Local Coastal Plan.
3. That the approval of Use Permit No. 1926 will influence
or predetermine land use for a significant portion of the
Cannery Village Area at a time when sufficient analysis
of Coastal Act requirements for future development has
not been accomplished.
4. The approval of Use Permit No. 1926 at this time will,
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
and be detrimental and injurious to property or improvements
in the neighborhood and the general welfare of the City.
Resubdivision No. 650
FINDINGS:
That the approval of Resubdivision No. 650 at this time
will, under the circumstances of this application,
prejudice the City's ability to prepare a certifiable
Local Coastal Plan.
2. That the approval of Resubdivision No. 650 would commit
the proposed project sites to uses that in the opinion
of the City cannot be justified prior to the completion
of the Local Coastal Plan.
3. That the approval of Resubdivision No. 650 will influence
or predetermine land use for a significant portion of the
Cannery Village Area at a time when sufficient analysis
of Coastal Act requirements for future development has
not been accomplished.
4. The approval of Resubdivision No. 650 at this time will,
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 neighbor-
hood and be detrimental and injurious to property or
improvements in the neighborhood and the general welfare
of the City.
Project Description
The proposed Seaside Restaurant development comprises a two -story
building and two off -site parking areas for off - street parking. In
order to develop the project, several approvals are requested of the
City as outlined above.
Restaurant Site: The proposed restaurant site is located
between Lafayette Avenue and the Rhine Channel in the Cannery
TO: City Council - 4.
Village /MacFadden Square Specific Area Plan area. Tne first
floor of the building will contain valet parking spaces for
fifteen vehicles, a storage room, service entry, stairs, and
an elevator to the second floor. Vehicle entry will be from
Lafayette Avenue with exit to the south. The second floor
will contain three dining areas, a lounge, bar, kitchen,
reception area, oyster bar, fireplace, planter, and stairs
and elevator. (Details are as shown in the attached Initial
Study.)
Off -Site Parking Area No. 1: Off -Site Parking Area No. 1 is
T—ocated diagonally across from the proposed restaurant, front-
ing on 28th Street between Villa Way and an alley. This lot
contains twelve parking spaces of which eight are tandem.
Off -Site Parking Area No. 2: Off -Site Parking Area No. 2 is
ocated on Newport Boulevard between the aforementioned and
the alley. This lot contains thirty -six parking spaces.
The proposed project in total consists of sixty -three off - street
parking spaces and the construction of the restaurant building. A
description of existing conditions on the above sites is contained
on Pages 13 through 17 of the attached Initial Study.
Alternative Project Design
Attached for the City Council's consideration is an Alternative Pro-
ject Design. This design was developed for the applicants by their
architect in response to staff concerns with the elimination of a
portion of the boat docking facilities in the Rhine Channel (see
Initial Study, Page No. 18, and Local Coastal Plan Discussion).
The Alternative Project Design proposes no changes to either of the
off -site parking areas. The Alternative Project Design would set the
proposed restaurant facility back ten feet from the property line
along the Rhine Channel and reduce the gross square footage of the
building, but not the net public area. The existing commercial boat
slips would remain. (See Zoning Comparison Chart, Page 6, Staff
Report to the Planning Commission - February 7, 1980, for further
details.)
General Plan
The proposed project is consistent with the Newport Beach General
Plan. An Element Plan Analysis is provided in the February 7, 1980
Planning Commission Staff Report.
Environmental Significance
In accordance with CEQA, the "State EIR Guidelines," and City Policy
K -3, an Initial Study was prepared on this project. The City's
Environmental Affairs Committee has reviewed the Initial Study and
on the basis of the information contained therein, recommended that
a Ne;ative Declaration be accepted on this project. Copies of the
Initial Study and Negative Declaration are attached.
?
TO' : City Counci - 5.
At the February 7, 1980 Planning Commission meeting the Commission,
based on the recommendations of the Assistant City Attorney, did
not take action of the Environmental Document.
Local Coastal Plan
The City is presently preparing a Local Coastal Plan in accordance
with the Coastal Act of 1976. The proposed site is within the coastal
zone boundary.
It is the responsibility of the City and Coastal Commission to deter-
mine if the proposed project will or will not jeopardize the City's
ability to prepare a certifiable coastal plan. A discussion of the
proposed project and Alternative Project Design as it relates to the
Coastal Act is included in the Planning Commission Staff Report and
in the Environmental Documentation.
Alternative Courses of Action
There are several actions to be taken on the proposed project. It
is recommended that each action be considered in the order in which
it is presented in the staff report:
A. If the City Council, after appropriate public hearings,
desires to approve the proposed project, staff would suggest
the findings and conditions as set forth under Exhibit A.
OR
B. If the City Council, after appropriate public hearings,
desires to deny the proposed project, staff would suggest
the findings set forth under Exhibit B as recommended by
the Planning Commission.
M
C. If the City Council, after appropriate public hearings,
desires to approve the Alternative Project Design, staff
would suggest the findings and conditions as set forth
under Exhibit A. except as modified by Exhibit C.
M
D. If the City Council, after appropriate public hearings,
desires to approve the Alternative Project Design and
require the applicants to provide all parking in accordance
with the Newport Beach Municipal Code, staff would suggest
the findings and conditions as set forth under Exhibit A,
except as modified by Exhibits C and D.
Respectfully submitted,
PLANNING DEPARTMENT
Cp.V-S D. HEWICKER, Director
by
FRED T LARIC
Environmental Coordinator FT /kk
TO: City Council - b.
Attachments for City Council Only:
1. Exhibit A - "Findings and Conditions for Project Approval"
2. Exhibit 8 - "Findings for Project Denial"
3. Exhibit C - "Findings and Conditions for Alternative Project
Design Approval Without Additional Off- Street
Parking"
4. Exhibit D - "Findings and Conditions for Alternative Project
Design Approval With Additional Off- Street
Parking"
5. Planning Commission Minutes - February 7, 1980
6. Staff Report - February 7, 1980
7. Initial Study
8. Negative Declaration
9. Appeal - Use Permit No. 1926
10. Appeal - Resubdivision No. 650
11. Site Plan and Elevations (Maps) - Project
12. Resubdivision No. 650 (Maps)
13. Site Plan and Elevations (Maps) - Alternative Project Design
�Z
•
EXHIBIT A
Suggested Findings and Conditions For
Project Approval - As Submitted to
the City Council - April 28, 1980
ENVIRONMENTAL DOCUMENT
Accept the Environmental Document as complete with the findings
indicated below:
FINDINGS:
1. That an Initial Study and Negative Declaration has been
prepared in compliance with the California Environmental
Quality Act, and that their contents have been consid-
ered in the decisions on this project.
2. That based on the information contained in the Negative
Declaration, the project incorporates sufficient
mitigation measures to reduce potentially - significant
environmental effects, and that the project will not
result in significant environmental impacts.
USE PERMIT NO. 1926
Approve Use Permit No. 1926 with the findings and subject to the
conditions listed below:
FINDINGS:
1.
That the proposed use is
consistent with the City of Newport
Beach General Plan and is
compatible with surrounding land
uses.
2.
The project will not have
any significant environmental
impact.
3.
The Police Department has
indicated that they do not
Contemplate any problems.
4.
The proposed structure is
in keeping with the desired
character of the Specific
Plan Area as identified by
the General Plan.
5.
The proposed use will not
preclude the attainment of the
Specific Area Plan objectives
stated in the Land Use Ele-
ment of the General Plan.
6.
That the establishment of
off - street parking spaces in
the required ten foot alley
setback will not, under the
- 2 -
circumstances of the particular case, be detrimental
to the health, safety, peace, comfort and general
welfare of persons residing or working in the neigh-
borhood of such proposed use or be detrimental or
injurious to property and improvements in the neigh-
borhood or the general welfare of the City, and further
that the proposed modification is consistent with the
legislative intent of Title 20 of the Municipal Code.
7. The approval of Use Permit No. 1926 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 wel-
fare of the City.
8. The off -site parking areas are located so as to be
useful to the proposed uses.
9. The applicants are proposing to enter into and record
a reciprocal parking and access agreement.
10. The off -site parking spaces will not create undue traffic
hazards in the surrounding areas. In fact, the proposed
parking layout of the subject parking lot will create
better automobile storage than now exists.
11. The City Traffic Engineer has no objections with the
off -site parking arrangement.
CONDITIONS:
1. That development shall be in substantial conformance
with the approved plot plans, floor plans and elevations.
2. That an off -site parking agreement shall be approved
by the City Council, guaranteeing that a minimum of
thirty -six parking spaces shall be provided on Lots 4,
5, 6, 7 and 8 of Block 225; and twelve parking spaces
shall be provided on Lots 27 and 28 of Block 225,
Lancaster's Addition to Newport Beach, for the duration
of the proposed use.
3. That said agreement shall be signed by the applicants
prior to the issuance of building permits.
4. That employees shall be required to park on site.
5. That any mechanical equipment and trash areas shall be
screened from the adjoining residential property and
from abutting streets.
6. A Harbor Permit (for any portion of the building over
the water and for any work done bayward of the existing
bulkhead), Army Corps of Engineers Permit and a Coastal
Commission Permit shall be secured for the proposed
project.
7. If there is a transfer of ownership of the uplands, the
Harbor Permit shall be transferred to the applicants.
B. During construction activities, debris shall be pre-
vented from entering the bay through the use of traps and
containment booms in a manner satisfactory to the Planning,
Building and Marine Departments.
9. The site will be subject to a grading permit to be ap-
proved by the Planning Department.
10. An erosion and dust control plan shall be submitted with
the grading permit application and will be subject to the
approval of the Building Director.
11. The erosion and siltation control plan shall be approved
by the California Regional Water Quality Control Board
(Santa Ana Region). The plan must be submitted to the
Board thirty days prior to initiating construction
activities.
12. The applicants shall maintain the site in a clean and
orderly manner and will provide for periodic debris
collection and disposal.
13. The applicants shall provide on -site retention basins
(i.e., grease traps) and provide for their maintenance.
The maintenance program shall be reviewed by the General
Services Director and approved by the Building Department.
14. The applicants shall provide for weekly vacuum sweeping
of all surface parking areas.
15. The final design of the parking lot shall be approved
by the City's Traffic Engineer.
16. The project shall be landscaped as depicted on the site
plan.
17. The landscape plan shall be subject to the review of the
Parks, Beaches and Recreation Department and approval of
the Planning Department.
18. The landscape plan shall include an irrigation plan
designed to minimize water usage and prevent over - watering.
19. The landscape plan shall include a maintenance program
which controls the use of fertilizers and pesticides.
- 4 -
•
2U. The landscape plan shall place heavy emphasis on the
use of drought- resistant native vegetation.
21. Final design of the project shall provide for the incor-
poration of water - saving devices for project lavatories
and other water -using facilities.
22. A provision for weekly debris cleanup around the commer-
cial slip area shall be made prior to the occupancy of
the proposed project.
23. Prior to the occupancy of the building, a program for the
sorting of recyclable material from other solid waste
shall be developed and approved by the Planning Department.
24. That the proposed parking layouts-be subject to further
review and approval by the Public Works Department,
25. The use of valets for parking shall be required during all
hours of operation.
26. A sufficient number of valets shall be employed to prevent
restaurant customers from having to wait in the street.
27. Due to the demand for parking in this area, it will be
necessary for the applicants to ensure that the off -site
parking lots are not used by others, to the satisfaction
of the City Traffic Engineer.
28. That a minimum of one parking space for each 400 sq.ft. of
net public area be provided.
29. That all applicable conditions of approval of Resubdivision
No. 650 required for this project be fulfilled.
30. That the existing underground fuel storage facility located
on proposed off -site Parking Lot No. 1 shall be removed or
filled in accordance with the requirements of the Building
Department.
31. That all improvements (curb, gutter, sidewalk and paveout)
be constructed along the Villa Way and 28th Street frontages
of Lots 27 and 28, Block 225, with an access ramp to be con-
structed at the corner of Villa Way and 28th Street, Im-
provement plans will be provided by the Public Works
Department.
32. That the existing substandard and deteriorated curb and
sidewalk along Newport Boulevard adjacent to Lots 4 - 8,
Block 225, be reconstructed with new standard curb and gutter
and full width sidewalk. All unused existing drive approaches
shall be closed up.
- 5 -
33. That full width concrete alley pavement be constructed
in the alley parallel to Newport Boulevard, extending
from 28th Street to the northerly line of Lot 8, Block 225.
The design will be provided by the Public Works Department.
34. That a fifteen -foot radius corner cutoff at the south-
westerly corner of Villa Way and 28th Street be dedicated
to the public.
RESUBDIVISION NO. 650
Approve Resubdivision No. 650 with the findings and subject to the
conditions listed below:
FINDINGS:
1. That the map meets the requirements of Title 19 of the
Newport Beach Municipal Code, all ordinances of the City,
all applicable general or specific plans, and the Plan-
ning Commission is satisfied with the plan of subdivision.
2. That the proposed subdivision presents no problems from
a planning standpoint.
3. That the site is physically suitable for the type of
development proposed.
4. That the site is physically suitable for the proposed
density of development.
5. That an Environmental Document has been prepared in
compliance with the California Environmental Quality Act,
and that its contents have been considered in the deci-
sions on this project.
6. That based on the information contained in the Environ-
mental Document, the project incorporates mitigation
measures to reduce potentially significant environ-
mental effects, and that the project will not result
in significant environmental impacts.
7. That the design of the subdivision or the proposed
improvement will not substantially and avoidably injure
fish or wildlife or their habitat.
8. That the design of the subdivision or the proposed
improvements are not likely to cause serious public
health problems.
9. That the design of the subdivision or the proposed
improvements will not conflict with any easements,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
��7 • r
10. That the discharge of waste from the proposed subdi-
vision will not result in or add to any violation of
existing requirements prescribed by a California
Regional Water Quality Control Board pursuant to
Division 7 (commencing with Section 1300) of the
Water Code.
CONDITIONS:
1. That a Parcel Map be filed.
2. That all applicable conditions of approval of Use Permit
No. 1926 be fulfilled.
3. That all improvements be constructed as required by
ordinance and the Public Works Department.
4. That a condition survey of the existing bulkhead along
the Bay side of the property be made by a Civil or
Structural Engineer; and that the bulkhead be repaired,
if necessary, in conformance with the recommendations
of the condition survey, and to the satisfaction of
the Public Works and Marine Departments. In addition,
the top of the bulkhead shall be raised to an elevation
of +9.0 MLLW.
5. That a five -foot wide easement be granted to the City
for unobstructed public access across the Bay side of
the parcel adjacent to the Rhine Channel. The ease-
ment shall be improved and connected to the 28th Street
end in a manner approved by the Public Works Department.
6. That a ten -foot radius corner cutoff at the northeast
corner of Lafayette Avenue and 28th Street be dedicated
to the public.
7. That the curb return on the northeast corner of Lafayette
Avenue and 28th Street be reconstructed, using a twenty
foot radius and providing a curb access ramp.
8. That two -foot P.C.C. gutter be constructed adjacent to
the existing curb along Lafayette Avenue and 28th Street
frontages. The grades for the gutter construction shall
be provided by the Public Works Department.
9. That a standard agreement and accompanying surety be
provided to guarantee the satisfactory completion of
public improvements if it is desired to record the
parcel map before the public improvements are completed.
3�c
0
F.XHIBIT B
Suggested Findings For Project Denial
as Submitted to the City Council
April 28, 1980
USE PERMIT NO. 1926
FINDINGS:
1. That the approval of Use Permit No. 1926 at this time
will, under the circumstances of this application,
prejudice the City's ability to prepare a certifiable
Local Coastal Plan.
2. That the approval of Use Permit No. 1926 would commit
the proposed project sites to uses that in the opinion
of the City cannot be justified prior to the completion
of the Local Coastal Plan.
3. That the approval of Use Permit No. 1926 will influence
or predetermine land use for a significant portion of
the Cannery Village Area at a time when sufficient
analysis of Coastal Act requirements for future develop-
ment has not been accomplished.
4. The approval of Use Permit No. 1926 at this time will,
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 and be detrimental and injurious to prop-
erty or improvements in the neighborhood and the general
welfare of the City.
RESUBDIVISION NO. 650
FINDINGS:
That the approval of Resubdivision No. 650 at this time
will, under the circumstances of this application,
prejudice the City's ability to prepare a certifiable
Local Coastal Plan.
2. That the approval of Resubdivision No. 650 would commit
the proposed project sites to uses that in the opinion
of the City cannot be justified prior to the completion
of the Local Coastal Plan.
S. That the approval of Resubdivision No. 650 will influence
or predetermine land use for a significant portion of the
Cannery Village Area at a time when sufficient analysis
of Coastal Act requirements for future development has
not been accomplished.
- 2 -
•
The approval of Resubdi vision No. 650 at this time
will, under the circumstances of this case, be detri-
mental to the health, safety, peace, morals, comfort
and general welfare of persons residing and working
in the neighborhood and be detrimental and injurious
to property or improvements in the neighborhood and
the general welfare of the City.
EXHIBIT C
0
Suggested Findings and Conditions
for Alternative Project Design Approval
Without Additional Parking
as Submitted to the City Council
April 28, 1980ti:,
ENVIRONMENTAL DOCUMENT
Accept the Environmental Document with the findings indicated in
Exhibit A.
USE PERMIT NO. 1926
Approve Use Permit No. 1926 with the findings and subject to the
conditions indicated in Exhibit A except as noted below:
FINDINGS:
Add:
12. That based on a careful review of the proposed project
and the testimony presented at the public hearing,
additional off - street parking is not required to be
provided for the commercial slips.
13. That the hours of operation of the proposed restaurant
and commercial fishing boats are such so as to allow
joint use of off - street parking facilities that will
not be detrimental to the peak occupancy of either use.
CONDITIONS:
Change:
1. That development shall be in substantial compliance
with the approved "Alternative Project Design" plot plans,
floor plans and elevations.
Change:
4. That employees of the restaurant shall be required to
park on site and three (3) spaces shall be provided
for the commercial slips during their hours of operation.
28. Delete
RE'..3DiVISION NO. 650
App;o�a Resubdivision No. 650 with the findings and subject to the
conditions indicated in Exhibit A.
Z) / 0
EXHIBIT D
0
Suggested Findings and Conditions
for Alternative Project Design Approval
With Additional Parking
as Submitted to the City Council
April 28, 1980
ENVIRONMENTAL DOCUMENT
Accept the Environmental Document with the findings indicated in
Exhibit A.
USE PERMIT NO. 1926
Approve Use Permit No. 1926 with the findings and subject to the
conditions indicated in Exhibit A except as noted below:
CONDITIONS:
Change:
1. That the development shall be in substantial compliance
with the approved "Alternative Project Design" plot plans,
floor plans and elevations except as modified by the con-
ditions of this approval.
Change:
4. That employees of the restaurant shall be required to
park on site and three (3) spaces shall be provided
for the commercial slips during their hours of operation.
35. That parking shall be provided in accordance with the
Newport Beach Municipal Code.
RESUBDIVISION NO. 650
Approve Resubdivision No. 650 with the findings and subject to the
conditions indicated in Exhibit A.
CO; NIISSIONERS
MNUT
February 7, 1980
City of Newport Beach
ROLL CALL
INDEX
Mr. Richley again appeared be a the Planning
Commission and expressed hi feeling that nothing
would be accomplished by a filing of a parcel
map, other than an inc ed additional expense.
Commissioner Bala stated that he would not
support the ame ent to the motion because he
did not see t purpose in spending the money,
time and of rt to combine lots with only one
building it.
%yes
x
Ame ent to the Motion was then voted on, which
foes
M ON FAILED.
Ibsent
t
r
In response to a question posed by Commissioner
Beek, Mr. Hewicker replied that the encroaching of
the eaves on City property, though the walls and
foundation did not encroach on said property,
would still require an encroachment permit from
the City Council.
4IflMotion was then voted on, which MOTION CARRIED.
Request to construct a two -story restaurant faci-
lity with on -sale alcoholic beverages in the M -1
District and the acceptance of an Environmental
Document. The proposal also includes the request_
to accept an offsite parking agreement for a por-
tion of the required offstreet parking spaces. A
modification to the Zoning Code is also requested,
since a portion of the subject offstreet parking
spaces are tandem spaces (where the Ordinance re-
quires that all parking spaces shall be access-
ible). Furthermore, a portion of the offsite
parking spaces encroach 4 feet or 5 feet into the
required 10 foot rear yards adjacent to an alley.
OCATION: Lot Nos. I and 2, Block 425, Lan-
caster's Addition to Newport Beach,
located at 2800 Lafayette Avenue,
on the northeasterly corner of La-
fayette Avenue and 28th Street in
Cannery Village.
NE:
M -1
,.
Item H6
USE
T Hz_.
1926-
DENIED
y
L UMMDSIUNtKS
• MINUTES
*ebruary 7, 1980
of Newport Beach
ROLL CALL I 1 I 1 1 1 1 1 1 INDEX
APPLICANT: Tonti - Walker Investors, Irvine
OWNER: Nick Delaney, Costa Mesa
AND
Request to establish one building site and eli-
minate an interior lot line where two lots now
exist so as to permit restaurant development on
the property.
LOCATION: Lot Nos. 1 and 2, Block 425, Lan -
caster's Addition to Newport Beach,
located at 2800 Lafayette Avenue,
on the northeasterly corner of La-
fayette Avenue and 28th Street in
Cannery Village.
ZONE: M -1
APPLICANT: Tonti- Walker Investors, Irvine
ENGINEER: Archi - tekton, Newport Beach
(These items were heard concurrently, due to their
relationship.)
The Public Hearing was opened regarding this item
-
and Joe Orloff, Applicant, anneared before the
Planning Commission to state his concurrence with
the conditions as indicated in the Staff Report.
Doug Bray, member of the United fisherman's Orga-
nization of Southern California and commercial
fisherman, appeared before the Planning Commission
and stated that the organization feels that under
the Coastal Act of Chapter 8, Article 2, Section
30703, eliminating of any commercial facility
does not agree with the Coastal Act, as these fa-
cilities have been in existence at least 15 years.
r. Orloff again appeared before the Planning
Commission and stated that they have an option
that allows the slips to stay and that they would
also like to see the boat slips stay for the use
of the commercial fishermen.
-16-
Item f7
RESUB-
07—050
DENIED
C.UMMl�,NUNtK!)
_ iSuary 7, 1980
0 co >
City of Newport Beach
• MINU I to
ROLL CALL I I I _H I I I J INDEX
C.
Peter Tonti, Applicant, appeared before the Plan-
ning Commission and stated that they had decided
that it was in the best interest of the restaurant
to allow the commercial boat slips to stay and
that they would accept a condition stating such.
He stated that they have a 35 year lease and as
time and circumstances change, there may come a
time in the future when it would no longer be
practical.
Commissioner Beek expressed his concern that this
is prime waterfront in the area in which they are
most concerned with preserving their waterfront
uses and what is being proposed is a non-water-
front related project.
Commissioner Thomas stated his agreement with Com-
missioner Beek's concern.
Mr. Orloff again appeared before the Planning
Commission and stated that the project is within
the allowed uses for the area and that they want
the commercial boats to stay.
William Clapet, Archi - tekton, appeared before the
Planning Commission and expressed his feeling that
the marine - oriented industries cannot necessarily
afford this kind of waterfront property and if a
fishing company couldn't afford to own property
n the waterfront, then he did not understand how
the Coastal Act.could remedy this. He also ex-
pressed his feeling that people building and re -.
airing boats are polluting the bay.
Charles Stein, Real Estate Broker, appeared before
he Planning Commission and reminded them that thi
is a single- purpose building as it presently
ixists and is primarily that of a warehouse for
rovision and the present tenants in recognition
f where their clientele are moving are more into
he County near the Anaheim area. He stated that
ne of their major considerations in making this
ecision was due to the fact that it was away from
heir clientele. He added that the building as
single- purpose warehouse building cannot exist'
n its present form.
I
-17-
m
N 7C f%i
• MINUTES
Oebruary 7, 1980
of Newport Beach
ROLLCALLI 111 1111 + INDEX
otion
Motion was made that the Planning Commission make
the findings as indicated in Exhibit "B" of the
Staff Report and deny Use Permit No. 1926.
In response to a comment made by Mr. Stein, Com-
missioner Balalis explained that it is required
in certain projects that an EIR be required, in
which case the City chooses the individual and the
applicant pays the fees. He further explained
that the report is first prepared, then reviewed
by staff, then various citizens, then the Planning
Commission. He concluded by stating that the
Planning Commission must then determine whether
the solutions are acceptable.
r. Tonti again appeared before the Planning
ommission and explained that it is a single -
urpose building and that the use of that build -
ng by its present tenant is now felt by the ten -
nt to be no longer practical. He added that the
uilding is of sub - standard condition and quality
nd will ultimately have to be removed and that
here are very few businesses who could afford to
ut a building on that site of any quality that
ould be aesthetically pleasing.
n response to a question posed by Commissioner
aidinger, Mr. Hewicker replied that the Local
oastal Planning Committee has taken the position
hat they do not want to become involved in making
ecommendations on individual projects and the
lanning Commission in the past has referred it
o the committee for a specific purpose with a
pecific recommendation that they review it and
ake comments.
ommissioner Balalis stated his understanding that
he denial of this use permit and resubdivision
ould be based on the general feeling that a
estaurant is not an appropriate use in that loca-
ion and that they are denying it on the basis of
he findings in the Staff Report.
r. Tonti expressed his feeling that he would
ppreciate feedback from the Local Coastal Plan-
ing Committee.
-18-
Ayes
Noes
Absent
Motion
s
as
Absent
t
COMMISSIONERS
he
*ruary 7, 1980
of Newport Beach
0 MINUTES
issioner Beek expressed his feeling that the
1 Coastal Planning Committee has already giv
Planning Commission a very clear indication
direction they want to be taken, and that is
that they want to see more waterfront dependent
uses.
ommissioner Balalis stated that he would not sup -
ort the Motion because of his feeling that water-
rent locations are unique and are for the use of
any people and not just the individuals that own
oats and that it had been his experience by fre-
uenting the Cannery Restaurant that a lot more
eople have had the opportunity to view the water-
rent since it became a restaurant.
xj ( 1 jxj �jMotion was then voted on, which MOTION CARRIED.
* Motion was then made that the Planning Commission
x ake the findings as indicated in Exhibit "B" of
x x the Staff Report and deny Resubdivision No. 650.
x
uest to consider proposed amendments to the
d Use, Residential Growth and Recreation and
n Space Elements of the General Plan, and the
eatance of an Environmental Document.
NITIATED BY: City of Newport Beach
VRON SERVICE STATION
amNHewicke r, Planning Director, explained that
his i m y the first step in the process for
his part lar General Plan Amendment and that
he second s is a zone change and the third
tep is a use mit and resubdivision, so that
here are at leas
hr other discretionary
ctions that must be ken by the City prior to
he time that the cons tfon contemplated by
his request would actual occur.
he Public Hearing continued re ding this item
nd Chuck Woodland, representing t Chevron Oil
ompany, appeared before the Planning mmission
nd explained that the purpose of their pvAposal
s to completely reconstruct their service ftation
ISLE
INDEX
Item #8
GENERAL
VCXN—
XT NDMENT
CONTINUED T-
TWO—,
Planning Commission Meeting February 7, 1980
Agenda Item No. 6 and 7
CITY OF NEWPORT BEACH
February 1, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 1926 (Public Heari
Request to construct a two -story restaurant facility
with on -sale alcoholic beverages in the M -1 Dist-
rict and the acceptance of an Environmental Document.
The proposal also includes the request to accept
an offsite parking agreement for a portion of the re-
quired offstreet parking spaces. A modification to
the Zoning Code is also requested, since a portion
of the subject offstreet parking spaces are tandem
spaces (where the Ordinance requires that all park-
ing spaces shall be accessible). Furthermore, a
portion of the offsite parking spaces encroach
4 feet or 5 feet into the required 10 foot rear
yards adjacent to an alley.
LOCATION: Lot Nos. 1 and 2, Block 425, Lancaster's Addition
to Newport Beach, located at 2800 Lafayette Avenue,
on the northeasterly corner of Lafayette Avenue
and 28th Street in Cannery Village.
ZONE: M -1
APPLICANT: Tonti - Walker Investors, Irvine
OWNER: Nick Delaney, Costa Mesa
AND
SUBJECT: Resubdivision No. 650 (Public Hearing)
Request to establish one building site and eli-
minate an interior lot line where two lots now
exist so as to permit restaurant development on
the property.
LOCATION: Lot Nos. 1 and 2, Block 425, Lancaster's Addition
to Newport Beach, located at 2800 Lafayette Avenue,
on the northeasterly corner of Lafayette Avenue
and 28th Street in Cannery Village.
TO: Planning Commission - 2
TONE: M -1
APPLICANT: Tonti- Walker Investors, Irvine
ENGINEER: Archi- tekton, Newport Beach
Application
The applicants request approval of Use Permit No. 1926 to construct
a two -story restaurant facility with on -site sale of alcoholic
beverages in the M -1 District and the acceptance of an Environmental
Document. Use Permit procedures are as outlined in Section 20.80 of
the Newport Beach Municipal Code. Environmental Documents are processed
in accordance with the CEQA, the "State EIR Guidelines" and City Policy
K -3.
The proposed project also includes the request to accept an off -site
parking agreement for a portion of the required offstreet parking
spaces. A modification to the Zoning Code is also requested, since a
portion of the subject offstreet parking spaces are tandem spaces
(where the Ordinance requires that all parking spaces shall be accessible).
Furthermore, a portion of the offsite parking spaces encroach 4' to 5'
into the required 10' rear yard setback adjacent to an alley. Finally,
the applicants request of Resubdivision No. 650 to establish one
building site and eliminate an interior lot line where two lots now
exist so as to permit the restaurant development on the property.
Resubdivision procedures are outlined in Section 19.12.040 of the Newport
Beach Municipal Code.
Pro _ject Description _
The proposed Seaside Restaurant development comprises a two -story
building and two off -site parking areas for offstreet parking. In
order to develop the project, several approvals are requested of the
City as outlined above.
Restaurant Site: The proposed restaurant site is located between
Lafayette Avenue and the Rhine Channel in the Cannery Village/
MacFadden Square Specific Area Plan area. The first floor of the
building will contain valet parking spaces for 15 vehicles, a storage
room, service entry, stairs, and an elevator to the second floor.
Vehicle entry will be from Lafayette Avenue with exit to the south.
The second floor will contain three dining areas, a lounge, bar, kitchen,
reception area, oyster bar, fireplace, planter, and stairs and elevator.
(Details are as shown in the attached Initial Study).
Offsite Parkin Area No. 1: Offsite parking area no. 1 is located
diagona y across from the proposed restaurant, fronting on 28th Street
between Villa Way and an alley. This lot contains 12 parking spaces
of which 8 are tandem.
y •
T0: Planning Commission - 3.
Offsite _Parkiny Area No. 2: Offsite parking lot no. 2 is located on
Newport Boulevard between the aforementioned and the alley. This
lot. contains 35 parking spaces.
The proposed project in total consists of 63 offstreet parking spaces
and the construction of the restaurant building. A description of existing
conditions on the above sites is contained on pages 13 through 17 of the
attached Initial Study.
Alternative Project Design
Attached for the Planning Commission's consideration is an Alternative
Project design. This design was developed for the applicant by his
architect in response to staff concerns with the elimination of a
portion of the boat docking facilities in the Rhine Channel (see Initial
Study page no. 18 and Local Coastal Plan Discussion).
The alternative project design proposes no changes to either of the
offsite parking areas. The alternative project design would set the
proposed restaurant facility back 10 feet from the property line along
the Rhine Channel and reduce the gross square footage of the building,
but not the net public area. The existing commercial boat slips would
remain. (See Zoning Comparison Chart for further details).
General Plan
The proposed project is consistent with the Newport Beach General Plan.
An Element Plan analysis is indicated below.
Land Use Element
The proposed project site is located in the Cannery Village /McFadden
Square Specific Area Plan area. A Specific Area Plan for the area has
not been developed. The Element establishes the following as goals for
the planning area:
Cannery Village and McFadden Square:
The "Cannery Village" industrial, marine service,
and specialty shop area and the "McFadden Square"
area has been designated as a mixture of "Recreational
and Marine Commercial" and industrial land use. This
area shall be preserved and enhanced by: (1) pro-
hibiting the encroachment of separate residential
uses; (2) developing a "Specific Area Plan" to
resolve existing orientation, access, and parking
problems, and improve the visual environment;
and (3) development of a plan and program to pre-
serve the marine repair and service uses in the
"Cannery Village" area.
T0: Planning Commission - 4.
The proposed project site (restaurant site and both offsite parking
areas) is designated for a mixture of "Recreational and Marine
Commercial" and "General Industry" land use. These uses are defined
as follows:
"RECREATIONAL AND MARINE COMMERCIAL"
Included in this category are marinas, boat and marine
supply sales, boat repair and servicing, sport fishing
establishments, restaurants, specialty shops, hotels, and
motels, with offices permitted only if they are ancillary
to, and on the same lot as, another primary use. Separate
"corporate office buildings" would be prohibited for the
reasons listed under "Retail and Service Commercial" and
to preserve those unique sites, generally adjacent to the
Bay, most suited for recreational commercial use. (Also,
recreational commercial uses usually provide public physical
and/or vicual access to the Bay, whereas office buildings
generally do not.)"
"GENERAL INDUSTRY:
This sub - category includes research, development and
manufacturing firms, professional services (such as
architecture or engineering), warehouses and wholesale
sales, with retail sales or offices only l yif they are
ancillary to, and on the same lot as, another primary
industrial or professional service use."
The proposed use which is consistent with the above designations
will not deter from obtaining the objectives of the Specific Area
Plan as it will not provide for residential use, provides parking
in accordance with City requirements, improves the visual environment,
and the site does not contain existing marine repair and service
uses which are to be preserved.
Circulation Element: The Circulation Element designates Newport
Boulevard as it passes off -site parking lot no. 2 as a "Primary
Roadway" four lane divided.
Noise Element: The Noise Element indicates that a portion of offsite
parking of no. 2 will be subject to high highway associated noise
levels (60 to 70 dB CNEL).
Public Safety Element: The Public Safety Element shows the project
site in round Shaking - Category 3: an area of moderate risk
unadvisable for critical facilities. The site in Ground Failure -
Category 3: an area of potential hazard from liquefaction.
Recreation and Open Space Elements: The City's Master Plan of
Bikeways indicates "secondary Bikeway" for Newport Boulevard, Villa
Way, and Lafayette Avenue in the vicinity of the project.
� I 10:
Plan long Commission - 5.
Environmental Significance
In accordance with CEQA, the "State EIR Guidelines ", and City Policy
K -3, an Initial Study was prepared on this project. The City's
Environmental Affairs Committee has reviewed the Initial Study and
on the basis of the information contained therein recommended
that a Negative Declaration be accepted on this project. A copy
of the Initial Study and Negative Declaration are attached.
Local Coastal Plan
The City is presently preparing a Local Coastal Plan in accordance
with the Coastal Act of 1976. The proposed site is within the coastal
zone boundary.
It is the responsibility of the City and Coastal Commission. to determine
if the proposed project will or will not jeapordize the City's ability
to prepare a certifiable coastal plan. The existing land use (Retail
Sales and Warehousing) due to the nature of its operation (marketing
and storage of fish) is coastally related. The proposed use (restaurant)
is a "visitor- serving facility." The Initial Study for the proposed
project stated:
"It is recognized that the existing facility is a coastal - related use;
and if the commercial fishing boats docked on the site are part of the
operation or supply fish for the wholesale or retail enterprises, the
use could be considered coastally dependent in nature. A section of
the Coastal Act of 1976 applies to the project. *....
30234. Facititiea aenving the commenciat 6i.6hing and
Aecneationat boating induatxiea ahatt be protected and, whene
6eaaibte, upgAaded. Exiating commeAciat 6i6hing and AecAeationat
boating haAboA apace ahatt not be Reduced unteaa the demand 6oA
thoae 6acititie6 no tongeA exiata oA adequate aubatitute apace
has been provided. PAopoaed Aecieationat boating 6acititiea ahatz,
whene 6easibte, be deaigned and Located in ouch a 6a6hion as not
to inteA6ere with the needy o6 the commeAciat 6i6hing induatny."
The applicant has indicated to staff that the existing operation on the
project site (marketing and storage of fish) has no connection to the
commercial fishing boats docked at this site. The commercial fishing
boats presently lease their space on a month -to -month basis.
The Initial Study identified a further potential problem as follows:
The project includes a proposal to drive pilings and extend a
sidewalk 10 feet further than the existing bulkhead and provision
of a new pier and docking area parallel to the existing bulkhead
(similar to the existing Lafayette Marine Building). This change
in docking facilities will reduce available docking space. The side
tie cannot be any longer than the 61.2 feet of the lot width. This
would allow one and possibly two boats similar in size to those
now docked. It is unlikely that the new docking space will be used
by commercial fishing boats, but rather will probably be used by
restaurant patrons or recreational boats.
') 2- T0: Plannf#g Commission - 6. •
The applicant in response to the problem of reduced boat storage
has submitted for the Planning Commission consideration an Alternative
Project Design (see previous section). This Alternative Project
Design would allow the commercial fishing boats to remain. This design
would be deficient in required offstreet parking (see Zoning /Project
Comparison) as by allowing the commercial fishing boats to remain the
project must provide offstreet parking fpr them (3/4 space per slip).
Staff has outlined several alternative courses of action for the
Planning Commission's consideration as it relates to the City's Local
Coastal Planning effort and Alternative Project Design /parking
deficiency problem.
Zoning /Project /Alternative Comparison
The following chart compares the proposed project and the alternative
project design with the City's zoning ordinance:
M -1
Zoning Project
Restaurant Site
Building height 26'/35' ridge - 31'
average - 26'
iF.A.R.
I --ont yard
aide yard
Rear yard
Rear yard alley
I Parking
l 3 times
0
0
2 0
3 10,
4 1 per 40'
Net Publi
3/4/1 boa
2492 sq.ft.
net public area
first floor - N/A
second floor - 0
south side 4'
north side 0
first floor 10'
second floor 5'
4' to 5'
63
Alt.
Project Design
ridge - 31'
average - 26'
2492 sq.ft.
net public area
first floor - N/A
second floor - 0
south side 0 to 5'
north side 0
first floor 15'
second floor 10'
4' to 5'
63
1. The floor area ratio of the proposed project exclusive of the parking area is .81 times
the buildable area of the restaurant site, however, when compared with the total land
area of the project which includes two (2) offsite parking lots the floor area ratio
would be .23.
2. Both the project and alternative project design provide a 5' public walkway along
the Rhine Channel. In the alternative project design, this area would be covered.
The applicant has requested a modification to the zoning requirements to allow
offstreet parking spaces in the required alley setback on offsite parking lot no. 2.
4. The proposed alternative project design is deficient as three (3) offstreet parking
spaces are required for the commercial boat slip. Alternative courses of action
are suggested for Planning Commission consideration. Additionally, the applicant
has requested approval of tandem parking spaces.
Planning Commission - 1.
STAFF ANALYSIS /MAJOR ISSUES
Background
The Cannery Village area is presently a mixed use area of retail, office,
industrial and residential use. The Cannery Village /McFadden Square specific
Area Plan "Phase I- Research Report ", February, 1977, estimated that
approximately 25% of the total structure space in the area was devoted
to marine - related uses. The "Phase II- Report ", May, 1977, indicated
the project sites as areas of anticipated new development and /or redevelop-
ment within the 1980 -95 time frame. Additionally, the development inten-
sity of the proposed project is within the parameters of the trend growth
forecasted for the subject area as it was developed for the above study.
The City of Newport Beach and the Central Newport Parking Committee prepared
a parking study (Wilbur Smith b Associates) for the Specific Plan Area in
1978. No implementing actions on this study were taken by the City. Out-
let No.2 is to be located on a portion of the area considered for Mixed -
Use parking /commercial facilities.
Issues: "Marine Service and Repair Uses"
As previously indicated (General Plan) the proposed use will not deter
the City from obtaining the objectives outlined in the General Plan as they
relate to the preservation of existing Marine Repair and Service Uses in
the Cannery Village area. The City though is preparing a Local Coastal Plan
at this time, which may address the issues of the existing and future
demand for Marine Service and Repair Facilities. If demand for expansion
of existing facilities or creation of new facilities is determined to be
needed, it is anticipated that Cannery Village as well as other commercial,
residential, and industrial areas will be viewed as possible locations
to meet any demand found. The Planning Commission after its review of this
project may wish to request information from the City's Local Coastal Plan
Advisory Committee relating to this project. In the Alternative Courses
of Action section of this report, staff suggested such an action for
consideration. In accordance with Section 19.12.040 of the Newport Beach
Municipal Code, it will require the applicants concurrance to continue the
Public Hearing on the Resubdivision. Further, staff has suggested several
items of.specific information related to the project that might be requested
from the Local Coastal Planning Advisory Committee.
Issue: "Commercial Fishing Boats"
It is the opinion of staff that the Alternative Project Design appears
to be a reasonable alternative that would be in keeping with the intent
of the Coastal Act. While the preservation of the existing docking area
will not guarantee its usage for commercial fishing operations, the
operators of the boats would be able to continue to have this space
available. Additionally, the operation of the commercial fishing boats
would add to the proposed "seaside" theme.
56 � •
TO: Planning Commission - 10.
Within the Cannery Village area (bounded by 32nd Street, Lafayette
Avenue, Lido Drive, the Rhine, 28th Street, Newport Avenue, and
Newport Boulevard) there are 741 parking spaces (Wilbur Smith 8
Associates 1977). Assuming an efficiency factor of 90% for curb
spaces and 85% for both public and private off street spaces there
are 633 spaces available (218 public /415 private). Wilbur Smith
8 Associates found that there was a 15 space deficiency within the
entire Cannery Village area. The following chart indicates peak
occupancy of all parking spaces for both summer and winter activities:
Cannery Village Area
(Total Capacity 741 Parking Spaces)
Time
Peak Occupancy %
Summer weekday 65.2
Summer weekend 67.7
Fall weekday 61.0
Fall weekend 65.7
Based upon the above information, it would appear that the proposed
use would not create additional parking problems within the Cannery
Village area at times of peak demand. Staff realizes that this data
is dated, yet all development thru the Cannery Village area subsequent
to the study have added parking to the existing supply in accordance
with the Newport Beach Municipal Code.
Alternative Courses of Action
There are several actions to be taken on the proposed project. It
is recommended that each action be considered in the order in which
it is presented in the staff report:
A. If the Planning Commission after appropriate public hearings
desires to approve the proposed project, staff would suggest the
findings and conditions as set forth under Exhibit A.
OR
B. If the Planning Commission after appropriate public hearings desires
to deny the proposed project, staff would suggest the findings set
forth under Exhibit B.
OR
C. If the Planning Commission after appropriate public hearings desires
to approve the Alternative Project Design, staff would suggest
the findings and conditions as set forth under Exhibit A except
as modified by Exhibit C.
OR
D. If the Planning Commission after appropriate public hearings desires
to approve the Alternative Project Design and require the applicant
to provide all parking in accordance with the Newport Beach
Municipal Code, staff would suggest the findings and conditions as
set forth under Exhibit A except as modified by Exhibits C & D.
5/ : PlanOng Commission - 11. •
If the Planning Commission after appropriate public hearings
desires to continue .th_e proposed project to allow time for review
and comment.by the Local Coastal Planning Advisory Committee and
the applicants concur with the continuance, staff would suggest the
proposed project be continued to the meeting of February 21, 1980.
Staff would further suggest that the Planning Commission request
specific information from the L.C.P.A.C. as indicated in Exhibit E,
or as deemed appropriate by the testimony presented at the public
hearing.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
By
Fre arico
Environmental Coordinator
FT /dt
Attachments: 1. Exhibit A - "Findings and Conditions for Project
Approval."
2. Exhibit B - "Findings for Project Denial."
3. Exhibit C - "Findings and Conditions for Alternative
Project Design Approval without Additional
Offstreet Parking."
4. Exhibit D - "Findings and Conditions for Alternative
Project Design Approval with Additional
Offstreet Parking."
5. Exhibit E - Suggested Information to be requested
6. Initial Study
7. Negative Declaration
8. Site Plan and Elevations (Maps) - Project
9. Resubdivision No. 650 (Maps)
10. Site Plan and Elevations (Maps) - Alt. Project Design
56
TO:
NEGATIVE DECLARATION
Secretary for Resources
1400 Tenth Street
Sacramento, CA 95814
X Clerk of the Board of
Supervisors
P. 0. Box 687
FROM: Planning Department
City of Newport Beach
3300 Newport Boulevard
fiewport Beach, CA 92663
NAME OF PROJECT: Seaside Restaurant
PROJECT LOCATION• 2800 Lafayette, Newport Beach
PROJECT DESCRIPTION:
Renovation of existing structure at the above address to
provide for Seafood Restaurant and market with provision
for boat -slip use for commercial fishing vessels that
will supply fresh seafood.
J
FINDING: Pursuant to the provisions of City Council Policy K -3 pertaining to
procedures and guidelines to implement the California Environmental Quality +
Act, the Environmental Affairs Committee has evaluated the proposed project
and determined'that the proposed project will not have a significant effect A j
on the environment.
MITIGATION MEASURES:
Mitigation Measures are as defined in the Initial Study
and City Council actions on Use Permit No. 1926, which
is available as indicated below.
INITIAL STUDY PREPARED BY: City of Newport Beach
INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA
DATE RECEIVED FOR FILING:
d Talarico
ronmental Coordinator
August 19, 1980