HomeMy WebLinkAboutC-2218 - Off-site Parking Agreement, 204 Washington AvenueY✓ City Council Meeting October 27, 1980
Agenda Item No.
OCT 2 1980
gy the C1lY COUNCIL CITY OF NEWPORT BEACH
oily QIh[ IH
October 27, 1980 'r
TO: City Council �j� ✓4
FROM: Planning Department GG
SUBJECT: Off -site Parking Agreement
Request to accept an off -site parking agreement
for five parking spaces in accordance with a
condition of approval for Use Permit No. 1944
that permitted the establishment of a restaurant
facility with on -sale wine.
LOCATION: The easterly one -half of Lot 10, Resubdivision of
Block 9, Balboa, located at the rear of 204 Washing-
ton Avenue, northerly of Balboa Boulevard in Central
Balboa (Restaurant Site).
ZONE: C -1
APPLICANT: Robert Cuilty, Newport Beach
OWNER: Melvin Fuchs, et al, Balboa (Restaurant Site)
Application
This application requests the acceptance of an off -site parking agree-
ment for a portion of the required parking in conjunction with a night -
operated restaurant in Central Balboa. In accordance with Section
20.30.035 D of the Newport Beach municipal Code, the Planning Commis-
sion shall not recommend and the City Council shall not approve off -
site parking on a separate lot from the building site or sites unless:
(a) Such lot is so located as to be useful in connection with
the proposed use or uses on the building site or sites.
(b) Parking on such lot will not create undue traffic hazards
in the surrounding area.
(c) Such lot and the building site are in the same ownership,
or the owners of the building sites have a common owner-
ship in such lot, and the owner or owners are entitled to
the off -site lot must be ownership in fee of 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 instru-
ments, approved as to form and content by the City Attor-
ney, providing for the maintenance of the required off -
street parking on such lot for the duration of the pro-
posed 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.
of an off -site parking agreement
and Robert Cuilty, Newport Beach.
authorizing the acceptance
between the City of Newport Beach
Planning Commission Recommendation
At its meeting of September 18, 1980, the Planning Commission voted
(5 Ayes, 2 Absent) to approve the requested off -site parking agree-
ment subject to the four Findings and two Conditions of Approval
as set forth in the excerpt from the 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 des-
cribes the applicant's request.
Respectfully submitted,
PLANNING DEPARTMENT/
JAR S D. HEWICKER
R.I."ning Director
JDH /kk
Attachments for City Council Only:
1. Excerpt from minutes
2. Planning Commission Staff Report with attachments.
REGULAR PLANNING COMMISSION MEETING
((),Nt,ti11ti51C)NLhS Plata: City Council Chamber; Mh"UTES
Time: 7:30 1) .111.
Date: September ]tt, lgs'O
IM. . I k City of Newport Beach
RO CALL INDEX
LL
Pre nt X X X X
Absen X Commissioner Allen and Commissioner McLaughlin
were absent.
* w
EX- OFFICIO MEMBERS PRESENT:
James D. Hewicker, Planning Director
P,obert Burnham, Assistant City Attorney
William R. L ock, Current Planning Administrato
Robert Lenard, vance Planning Administrator
Patricia Temple, nior Planner
Donald Webb, Assist City Engineer
Pamela Woods, Secrets
Commissioner Thomas stated tha a would like a
revision to the August '21, 1980, •30 p.m. Minutes
on Page Number 31, First Paragraph akder Public
Property Leaseholds, to reflect more his dis-
cussion on the fair market value system d use
of the funds. He also stated that he wou like
a revision to the September 4, 1980, 7:30 p.
Minutes on Page Number 42, First Paragraph to
expand further on the condominium conversion
discussion.
Therefore, approval of the Minutes were continued
to the Planning Commission Meeting of October 9,
1980.
Request to accept an off -site parking agreement
for five parking spaces in accordance with a con-
dition of approval for Use Permit No. 1944 that
permitted the establishment of a restaurant facil-
ity with on -sale wine.
- 1 -
Itpm 41
OFFSITE
PARKING
AGREEMENT
APPROVED
C NDI-
TInNAi i v
C( NAP06SIONERSI September 18, 1980 AAINUTES
City of Newport Beach
ROLL CALL INDEX
Motion
Ayes
Absent
X
LOCATION: The easterly one -half of Lot 10,
resubdivision of Block 9, Balboa
located at the rear of 204
Washington Avenue, northerly of
Balboa Boulevard in Central Balboa
(restaurant site).
ZONE: C -1
APPLICANT: Robert Guilty, Newport Beach
OWNER: Melvin Fuchs, et al, Balboa
Planning Director Hewicker. stated that this off -
site parking agreement was submitted in response
to a condition of approval the Planning Commissio
had placed on the applicant for approval of Use
Permit No. 1944.
The discussion was opened in connection with this
item and Mr. Robert Guilty, the applicant, ap-
peared before the Commission and stated that he
is in agreement with the findings and conditions
of the staff report.
There being no further discussion on this item,
the following motion was made:
Motion was made to approve the Off -Site Parking
Agreement for Use Permit No. 1944, with the
following findings and conditions, which
MOTION CARRIED:
FINDINGS:
1. The off -site parking
and is so located to
restaurant use.
area is across the street
be useful to the proposed
2. The applicant has provided a letter indicatin4
the property owner's intentions to allow the
use of the Balboa Market parking lot for the
proposed restaurant use.
3. The business hours between the market and the
proposed restaurant have been determined to
-2-
COMMISSIONERS September 18, 1980 MINUTES
City of Newport Beach
ROLL CALL INDEX
be compatible so as not to place an excessive
demand on the subject parking area.
4. The off -site parking spaces will not create
undue traffic hazards in the surrounding
area.
CONDITIONS:
1. That an off -site parking agreement shall be
approved by the City Council guaranteeing
that a minimum of five (5) parking spaces
shall be provided in the Balboa Market park-
ing lot located on a portion of Lots 8, 9,
10 and 11, Block 7, Balboa Tract for the
duration of the restaurant use located at
204 -B Washington Avenue.
2. That a sign shall be installed adjacent to
the entrance of the restaurant facility that
identifies the location of the off -site
parking lot for customers. Said sign shall
be approved by the Planning Department.
Request to consider the revocation of Use Permit
No. 1866 that permitted a restaurant facility
with on -sale beer and wine in an existing
building in the C -1 District. This public
hearing is to determine whether or not said
use permit should be revoked for failure to
comply with certain required conditions of
approval.
TION: Lot 13, Tract No. 1210, located at
'\500 West Coast Highway, o the
northerly side of West Coast st High-
way, across from Bayshores.
ZONE:
APPLICANT: Carina D. Matteo
INITIATED BY: The City o ewport Beach
OWNER: Bob Taube, Newpld'%L Beach
-3-
Item #2
USE PERMIT
N0. 1866
evocation)
Continued
to Novem-
ber 20,
19 0.
y - COMMISSIONERSI September 18, 1980
� w
City of Newport Beach
MINUTES
ROLE CAL1.1 11 1 1 1 1 1 1INDEx
Y
Planning Director Hewicker stated that the appli-
cant has not met the conditions of the Use Permit
and those items mentioned in a letter from the
applicant. He stated that the business is in
the process of being sold with a 45 day escrow.
During this transition, the current owner and
the new owner will be on the premises. He sug-
gested that the Commission take testimony on this
case, and then continue it for a period of 30 to
45 days, to allow the applicant time to work out
these problems. He stated that if the applicant
could resolve the problems, the Commission could
then extend the use permit for a period of two
years. He also stated that it was his understand
ing that the building will be removed at the end
`qf the two year period.
Cha'rman Haidinger noted that the applicant was
not attendance of the meeting.
Chairma Haidinger instructed staff to notify the
new owne of the property that the Use Permit is
being cons eyed for revocation.
Commissioner lalis asked staff if the costs
will be substan ial for the applicant to meet
the outlined conditions. Planning Director
Hewicker stated t %cioss he modification of the
toilet room facil for the handicapped may
be a substantial
Planning Director Hewick r stated that previously
the building was used as fast food restaurant,
and presently is being use as a sit down type
restaurant.
Commissioner Balalis asked if t re is a guarante
that the building will be remove X o years.
Planning Director Hewicker stated there is
not a guarantee, this was only a ent made
by the current applicant.
Commissioner Beek asked staff if the new \owner
has indicated that he will be applying fo a new
use permit. Planning Director Hewicker sta ed
that it is his =understanding that the new ow r'
is buying the business as is.
-4-
�a
5 Planning Commission Meeting September 18, 1980
Agenda Item No.
CITY OF NEWPORT BEACH
September 9, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Offsite Parking Agreement (Discussion)
Request to accept an off -site parking agreement for five
parking spaces in accordance with a condition of approval
for Use Permit No. 1944 that permitted the establishment
of a restaurant facility with on -sale wine.
LOCATION: The easterly one -half of Lot 10, resubdivision of Block 9,
Balboa, located at the rear of 204 Washington Avenue,
northerly of Balboa Boulevard in Central Balboa
(restaurant site).
ZONE: C -1
APPLICANT: Robert Guilty, Newport Beach
OWNER: Melvin Fuchs, et al, Balboa
Application
This application requests the acceptance
for a portion of the required parking in
restaurant in central Balboa. In accord
of the Newport Beach Municipal Code, the
recommend and the City Council shall not
a separate lot from the building site or
of an off -site parking agreement
conjunction with a night operated
once with Section 20.30.035 D
Planning Commission shall not
approve off - street parking on
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 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 of
a leasehold
interest
of a duration adequate to serve
all proposed
uses on
the building site or sites).
- 1 -
MR
TO: Planning Commission - 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 Department of
Community Development.
Environmental Sianificance
This project has been reviewed, and it has been determined that it
is categorically exempt under Class 11 (Accessory Structures) from
the requirements of the California Environmental Qualities Act.
Conformance with the General Plan
The Land Use Element of the General Plan and the draft Local Coastal
Plan designates the proposed off -site parking location, and the proposed
restaurant location for "Retail and Service Commercial" uses. Both
uses fall within the uses permitted.
Subject Property and Surrounding Land Uses
The proposed restaurant will occupy the rear half of an existing
warehouse building which maintains double access from both Washington
Avenue and a rear, 10 foot alley. The rear portion of the building
is now being renovated to accommodate the proposed restaurant. Access
to the restaurant will be limited to the rear alley only. To the north,
there is a public parking lot containing 10 parking spaces and public
restrooms. To the east, across a 10 foot alley, there are two
multiple occupant, commercial structures containing two clothing
stores, drug store, ice cream parlor and jewelers. The property to
the south, facing Balboa Boulevard, contains a travel agency and
combination take -out restaurant and deli. To the west, across
Washington Street is the Balboa Market facility and related offstreet
parking spaces. The applicant proposes to utilize the market's
parking lot for a portion of the required parking spaces for an
approved restaurant use.
Background
On August 7, 1980, the Planning Commission approved Use Permit
No. 1944 which permitted the conversion of a portion of an existing
warehouse into a restaurant use. Said approval was subject to the
following conditions:
1. That development shall be in substantial conformance with the
approved plot plan.
2. That all exterior lighting and signs shall be approved by the
Planning Department Director.
3. That all mechanical equipment and trash areas shall be screened
from public streets, alleys, or adjoining properties.
7 T0:
Planning Commission - 3.
4. That kitchen exhaust fans shall be designed to control odors
and smoke in accordance with Rule 50 of the Air Pollution
Control District. In addition, the kitchen hood system shall
have an automatic fire protection system installed.
5. That this approval shall be for a period of two years, and any
extension shall be subject to the approval of the Modifications
Committee.
6. That five (5) "in- lieu" parking spaces shall be purchased
from the City on an annual basis for the duration of the
restaurant use on the site.
7. That the applicant provide five (5) off -site parking spaces
through the use of an off -site parking agreement. Approval
of said agreement shall be subject to the procedures as set
forth in Section 20.30.035 (D) of the Newport Beach Municipal
Code.
8. That the hours of operation shall be limited between 5:30 p.m.
and 12:00 midnight.
9. That the proposed limousine service shall be provided as an
option to all restaurant patrons as a part of the dinner
reservation.
10. That any proposed background music shall be confined to the
interior of the facility.
Analysis
As indicated above, the proposed restaurant is required to maintain
five off - street parking spaces within the immediate area of the
restaurant, and five "in- lieu" parking spaces in the adjoining
Municipal parking lot. The applicant is requesting at this time,
acceptance of an off -site parking agreement which will allow him to
use a minimum of five of the existing fourteen parking spaces available
in the Balboa Market parking lot. The subject parking lot is located
approximately 170 feet from the entrance to the restaurant facility
(see attached vicinity map).
The Balboa Market presently closes for business at 8:00 p.m. The
proposed hours of operation of the approved restaurant facility are
from 5:30 p.m. to 12:00 midnight. However, the dinner guests do not
arrive at the site until 8:00 p.m. and so there is no conflict with
the parking lot's joint use. (The applicant and the three employees
of the restaurant facility will arrive at the restaurant site between
5:30 p.m. and 8:00 p.m. and will park in the adjoining Municipal lot).
Staff is of the opinion that the existing off -site parking lot is so
located to be useful to the restaurant operation and does not create
undue traffic hazards in the surrounding area.
N
TO: Planning Commission - 4.
Specific Findings and Recommendation
Staff recommends the approval of an off -site parking agreement for a
portion of the required parking spaces in conjunction with the
proposed restaurant use and suggests that the Planning Commission take
such action subject to the findings and conditions as outlined in Exhibit
"A" attached.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
�y
J
li Ward
Senior Planner
WWW /dl t
Attachments: Exhibit "A"
Vicinity Map
Letter from Applicant
Excerpt of August 7, 1980 Planning
Commission Minutes
Staff Report dated August 1, 1980
qT0: Planning Commission - 5.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
OFF -SITE PARKING AGREEMENT FOR USE PERMIT 1944
FINDINGS:
1. The off -site parking area is across the street and is so
located to be useful to the proposed restaurant use.
2. The applicant has provided a letter indicating the property
owner's intentions to allow the use of the Balboa Market parking
lot for the proposed restaurant use.
3. The business hours between the market and the proposed restaurant
have been determined to be compatible so as not to place an
excessive demand on the subject parking area.
4. The off -site parking spaces will not create undue traffic
hazards in the surrounding area.
i�111kitaMi]M
1. That an off -site parking agreement shall be approved by the
City Council guaranteeing that a minimum of five (5) parking
spaces shall be provided in the Balboa Market parking Tot located.
on a portion of Lots 8, 9, 10, and 11, Block 7, Balboa Tract
for the duration of the restaurant use located at 204 -8 Washington
Avenue.
2. That a sign shall be installed adjacent to the entrance of the
restaurant facility that identifies the location of the off -site
parking lot for customers. Said sign shall be approved by the
Planning Commission.
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IT Wo, 1944)'
August 18, 1980
TO :WHOM IT MAY CONCERN:
Robert the Great Restaurant (Owner. Robert Cuilty)has my permission to
use may parking lot after the market closes (B:OOpa). No oars to be
parked here until the store is closed. Per this consideration, Mr. Cuilty
will be required to, keep parking lot clean and policed after the market
closes. He will be allowed to control the parking at night. either with
personnel, or by chaining the lot.
This agreement can be, and will be, revoked if stipulations are not
followed. Also, this agreement will be cancelled if arty problems.arise
between myself, Robert the Great. the City of Newport Beach, or any other
parties ;rho could create probleas for Balboa Market. Also, the parking
lot may not be used by Robert the Great Restaurant for any other reasons
than Parking or my not be subleased or rented. No private parties nsy
leave their oars on the lot after closing hours of Robert the Great
.Restaurant.
Robert the Great
Robert Cuilty. Owner
Robert the Great Restaurant
*7-lf_S2-v
iz " . •
COMMISSIONERS August 7, 1980 MINUTES
City of Newport Beach
ROIL CALL INDEX.
3. That the existing off -site parking agreements
which provides for a minimum of 22 parking
spaces at 705 and 707 Carnation Avenue be
maintained.
4. That the restaurant facility shall not be
open.f.o.r business prior to 5:00 P.M. or after
12:00 midnight, Mondays through Fridays, or
?(iprior.4 o. :OO.:A.M. or after 12;00 midnight
on weekends or holidays. These hours may be
adjusted by.the Planning. Commission provided
tisfactory.parking can be provided in
ix:an he.r::.loca.ti:on. .<
4Tha ..v t'parkhing serdice be provided during
s'" the hour he restaurant facility is open.
6 That aI1 impr ements be constructed as re-
quired by ordin ce and the Public Works
Department.
7. That approximately 15 q. ft. of deteriorate
A.C.C. sidewalk be re co tructed along the
Carnation Avenue frontage d that the exist -
ing parkway tree that is
is acing a portion
«:f ofrth,e�Psi,dewalk „be:root prune r removed as
Q�,+! required by the Parks,; Beaches a Recreation
Department.
That. arrangements be made with the Pub c
Works Department to guarantee the satisf for
comp,l,etion,.of : the.public..improvements if i i
dam' desired to ':obtain. a Building Permit prior to
competf'on 'oi� the�sputrllc''.improvements.
PQilv''$� • •-
9. That all remaining applicable conditions of
Use Permit No. 1778 shall continue to be met.
Request to establish a restaurant facility with Item 1117
on sale wine in an existing warehouse building
on Washington Avenue. The proposal also includes USE PERMY
the paying of an annual fee to the City for the 90. 1944
required restaurant parking spaces in an adjoining APPROVED
municipal parking lot.
CONDI-
TIONALLY
13 COMMISSIONERS
hid
August 7, 1980
Of
Beach
MINUTES
LOCATION: The easterly one -half of Lot 10,
resubdivision of Block 9, Balboa,
located at the rear of 204 Washing-
ton Avenue, north of Balboa Boule -.
vard in Central Balboa.
ZONE: C -1
APPLICANT Robert Guilty, Newport Beachf
OWNER: Melvin Fuchs, et al, Balboa
Planning Director Hewicker opened the discussion
by handing out additional architectural render-
ings of the proposed restaurant's interior and
exterior to the Commission. Mr. Hewicker stated
that the applicant proposed to have one seating
per evening with "a maximum seating of 20.guests.
He added that all the guests would be provided
with limousine service to the restaurant regard-
less of where they lived. He added that the
staff report had suggested that approximately 10
parking spaces (i.e.5 in -lieu spaces in the Muni-
cipal lot and 5 spaces in an approved off -site
location) be provided for the restaurant use:.
However, if Jimousine service.were..required;,.;then
only 3 to 5 parking spaces would be required for
employees.
Planning Director Hewicker indicated that the
cost to the restaurant patron would be approxi - "`
mately $125 per guest. Commissioner Allen sug
gested that with a restaurant that planned to
charge $250 for a couple to.'dine,,iVseemed'un�+' -f?'o
reasonable that only 3 employee parking spaces
would be needed. Mr. Hewicker directed Commis-
sioner Allen to address that question to the
applicant who would be able to explain his park-
ing demands. He further added that the limousines
would deliver the customers to the restaurant and
then they would be dispatched elsewhere until they
were-required to.take the customers back home
after dining. It was further stated that if the
applicant changed the operational use of the use
permit, such as deleting the limousine service,
then the applicant would be required to amend the
use permit so as to provide the required parking
k
lei COMMISSIONERS August 7, 1980 MINUTES
Motion
Motion
,Ayes
Noes
Abstain
Motion
Ayes
Noes
Motion
Ayes
Noes
7
City of Newport Beach
The Public Hearing was opened in connection with
this item, and Ed Sands, architect for the pro-
ject, appeared before the Commission on behalf
of the Applicant. Mr. Sands described the late
medieval- renaissance motif of the proposed restau
rant facility. He also reviewed the unique
feature of the proposed development that would
consist of the preparation of all of the food in
front of the patrons.
Mr. Cuilty, the applicant, then appeared before
the Commission. Commissioner Haidinger directed
a question to Mr. Cuilty concerning the number of
employees intended for this operation. Mr.
Cuilty said there would be a hostess, a dish-
washer, a waiter and himself. Mr. Cuilty per-
formed as chef and planned to prepare the meal
courses himself. To answer a question Commis-
sioner Allen posed regarding her questions as to
how this elaborate meal service could be perform-
ed with the minimal help indicated, Mr. Cuilty
explained in detail his experience and expertise
in doing the shopping, preparing and cooking and
cited his experience as a teacher and master chef
Motion was made that Use Permit No. 1944 be ap-
proved with the findings and conditions as
specified in Exhibit A of the staff report.
Following general discussion on whether it should
be mandatory for patrons to take the limousine to
the restaurant as opposed toarriving by their own
means, an amended motion was made by Commissioner
Beek to; revise Condition No. 9 so as to require
that all patrons must take the proposed limousine
service to the restaurant. The amended motion
was voted on and failed. 1.
Commissioner Beek then made a second amended
motion to modify Condition No. 6 to require 13
in -lieu parking spaces. Said amended motion was
then voted on and failed.
An amended motion was then made to delete Con-
dition No. 6 to require in -lieu parking spaces.
Motion failed.
IJ
Ayes
Abstain
X
F.i
August 7, 1980 MINUTES
i
f
City of Newport Beach
INDEX.
The original motion was then voted on and carried
with the following findings and conditions:
FINDINGS:
1. That the proposed development is consistent
with the General Plan and is compatible with
..surrounding land uses.
2. The project will not have any significant .
environmental impact, providing that parking
demands are met. A municipal parking lot is
directly north and contiguous to the proposed
restaurant facility, and may be useful to
said business during the evening hours.
3. Parking demand for the restaurant should be
lower than normal due to the unusual oper-
ational character of the proposed restaurant.
4. The Police Department has indicated that they
do not contemplate any problems.
5. The proposed background music will not be
.detrimental to any surrounding land use so
long as -the music is confined to the interior
of the restaurant.
6. The approval of Use Permit No. 1944 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons resi-
ding.,and.working in the neighborhood or be
"` i'detrimental"or'injurious to property and ~.
improvements in the nieghborhood or the
general welfare of the City.
CONDITIONS:
1. That development shall be in substantial con -
formance with the approved plot plan.
2. That all exterior lighting and signs shall
be approved by the Planning Director.
3. That all mechanical equipment and trash areas
shall be screened from public streets, alleys
or adjoining properties.
16 COMMISSONERS
August 7, 1980
of Newport Beach
MINUTES
4. That kitchen exhaust fans shall be designed
to control odors and smoke in accordance with
Rule 50 of the Air Pollution Control District
In addition, the Kitchen hood system shall
have an automatic fire protection system in-
stalled.
Request to permit the construction of a second -
story addition to a one - story, single - family
dwelling which exceeds the permitted floor area
in the R -1.5 District. A modification is also
r ted to permit a two -foot encroachment in
the ei oot front setback area along Onyx
Street, an ven -foot encroachment in the
ten -foot rear se area.
LOCATION: A portion o 16, Block 21,
Balboa Island, loc a�at 127 Onyx
Avenue, Balboa Island
Item #18
VARIANCE
NZ-10 7 5
DENIED
That this approval shall be for a period of
?^
two years, and any extension shall be subject
to the approval of the Modifications Commit-
.
tee.
6. That five (5) "in -lieu" parking spaces shall
be purchased from the City on an annual basis
for the duration of the restaurant use on the
`mow'
site.
7. That the Applicant provide five (5) off -site
parking spaces through the use of an off -site
parking agreement. Approval of said agreemen
shall be subject to the procedures as set
forth in Section 20.30.035(D) of the Newport
Beach Municipal Code.
8. That the hours of operation shall be limited
between -5:30 p.m. and 12:00 midnight.
9.- That the proposed limousine service shall be
provided as an option to all restaurant
patrons as a part of the dinner reservation.
10. That any proposed background music shall be
'
t
confined to the interior of the facility..
Request to permit the construction of a second -
story addition to a one - story, single - family
dwelling which exceeds the permitted floor area
in the R -1.5 District. A modification is also
r ted to permit a two -foot encroachment in
the ei oot front setback area along Onyx
Street, an ven -foot encroachment in the
ten -foot rear se area.
LOCATION: A portion o 16, Block 21,
Balboa Island, loc a�at 127 Onyx
Avenue, Balboa Island
Item #18
VARIANCE
NZ-10 7 5
DENIED
i
Planning Commission Meeting August 7, 7980
Agenda Item No
CITY OF NEWPORT BEACH
August 1, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 1944
Request to establish a restaurant facility with
on sale wine in an existing warehouse building
on Washington Avenue. The proposal also includes
the paying of an annual fee to the City for the
required restaurant parking spaces in an adjoining
municipal parking lot.
LOCATION: The easterly one -half of Lot 10, resubdivision of
Block 9, Balboa, located at the rear of
204 Washington Avenue, north of Balboa Boulevard
in Central Balboa.
ZONE: C -1
APPLICANT: Robert Guilty, Newport Beach
OWNER: Melvin Fuchs, et al, Balboa
Application
This application is a request to permit the establishment of a
restaurant with on sale wine in the rear portion of an existing
warehouse in the C -1 District. In accordance with Section
20.35.020 of the Newport Beach Municipal Code, restaurants shall
be permitted in the C -1 District, subject to the securing of a
use permit in each case. Use permit procedures are outlined in
Chapter 20.80 of the Municipal Code. This application also
includes a proposal to provide all of the required parking
through the purchase of annual permits from the City for parking
in the adjoining municipal lot. Section 12.44.125 of the Municipal
Code provides that in lieu of providing required parking on site,
a commercial business may provide all or a portion of its required
parking in a municipal fee owned lot by paying an annual fee of
5150.00 per parking space. Said municipal parking lot must be so
located within reasonable proximity to the commercial business as
to be useful to said business.
r
T0: Planning Commission - 2.
Environmental Significance
This project has been reviewed and it has been determir,_d that
it is categorically exempt from the requirements of the California
Environmental Quality Act.
Conformance with General Plan
The Land Use Element of the General Plan and the draft Local
Coastal Plan designate the site for "Retail Service Commercial"
uses. The proposed restaurant facility falls within the permitted
uses. The area is also designated for a Specific Area Plan,
although one has not yet been adopted.
Subject Property and Surrounding Land Uses
The proposed restaurant will occupy the rear half of an existing
warehouse building which maintains double access from both
Washington Avenue and a rear, 10 foot alley. The rear portion
of the building is now being renovated to accommodate the pro-
posed restaurant. Access to the restaurant will be limited to
the rear alley only. To the north there is a public parking lot
containing 10 parking spaces and public restrooms. To the east,
across a 10 foot alley, there are two multiple occupant, commercial
structures containing two clothing stores, drug store, ice cream
parlor and jewelers. The property to the south, facing Balboa
Boulevard, contains a travel agency and conbination take -out
restaurant and deli. To the west, across 'Washington Street is
the Balboa Market and parking lot.
Analysis
The Applicant proposes to use a portion of an existing.warehouse,
which backs on to a rear alley, as a dinner house described by
the applicant as an unusual dining experience. No live entertain-
ment will be offered other than the preparation of a 16 course
meal, which is done in full view of the restaurant's guests.
Restaurant seating is limited to 20 persons, who are all seated
and served at the same time. As an added feature, all dinner
guests will be picked up and returned home by limousine, which
is included in the price of the prepaid dinner reservation.
The proposed hours of operation are from 5:30 p.m. to 12:00
midnight, Thursday through Sunday. Dinner guests begin arriving
shortly before 8:00 p.m., and the first course is served shortly
thereafter. A maximum of four employees will be on duty during
the times indicated above. A detailed description of the restaurant's
operation has been submitted by the Applicant and is attached for
the Commission's review. It should be noted that the descriptions
pertain to the Applicant's restaurant in Claremont, although the
Newport Beach operation will be very similar.
1�
T0: Planning Commission - 3.
Parking
The subject building contains approximately 3,000 square feet,
and would require 12 parking spaces if it were constructed under
existing parking standards and occupied entirely by retail uses.
The entire building has been used as a preexisting, nonconforming
warehouse for an undetermined period, and presently maintains no
onsite parking.
Thirteen (13) parking spaces would be required for the proposed
restaurant facility under the City's restaurant parking ordinance,
based upon one parking space for each 40 square feet of the 499
square feet of "net public area." It should be pointed out that
the parking requirements for the proposed restaurant could vary
from 10 parking spaces (i.e., one space /50 square feet of "net
public area ") to 16 parking spaces (i.e., one space /30 square feet
of "net public area "), depending on the operational characteristics
of the restaurant. Staff is of the opinion that if the application
is to be approved, 10 parking spaces would be adequate for the
proposed restaurant, since no live entertainment or dancing is
proposed, and the Applicant has indicated the dinner guest will be
provided limousine service as an integral part of his business.
The remaining warehouse portion of the building maintains a
continued exemption for required parking, due to its preexisting
nonconforming status. Exemption provisions for off - street parking
are outlined in Section 20.30.030, B, of the N.B.M.C.
The Applicant proposes to satisfy the requirement of ten (10) off -
street parking spaces by purchasing an equivalent number of "in-
lieu" parking permits for the use of the adjoining municipal
parking lot. Said parking lot maintains a total of ten spaces
which are used by a majority of the businesses in the area.
The Traffic Engineer is of the opinion that "Central Balboa" is
overcrowded and that parking is inadequate during certain times of
the year. However, any person that now requires parking spaces
for a commercial business within reasonable proximity to a
municipal parking lot may purchase the transferable permits in
the Finance Department, whether or not there are parking spaces
available in the lot.
Due to the lack of adequate parking in the area, both during the
daytime and evening hours, it is unreasonable to expect that any
of the ten adjacent municipal parking spaces will be available
for the Applicant's restaurant. Therefore, it is suggested that
if the application is to be approved, the requested "in- lieu"
parking be limited to one half of the required ten parking spaces.
The remaining parking spaces would have to be provided by an
off -site parking agreement,on a site within the immediate area.
Z0
T0: Planning Commission - 4.
Parking (continued)
The Applicant is aware of the parking problems within cot area
and has, therfore, offered the limousine service and limited
nighttime operation in an effort to minimize potential adverse
effects on surrounding business.
Specific Findings and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides
that in order to grant any use permit, the Planning Commission
shall find that the establishment, maintenance or operation of
the use or 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. Therefore, it
is Staff's recommendation that the Planning Commission deny Use
Permit No. 1944 on the basis of the following findings:
1. That the proposed use of the subject property and building
represents a land use of greater intensity than that which
presently exists on the property.
2. That said restaurant will require a greater amount of parking
and generate more traffic than the existing warehouse use.
3. That the present level of use of the adjacent municipal
parking lot indicates that it cannot reasonably be expected
that said lot will be useful in connection with the proposed
restaurant.
That the nature of the operation will impact vehicular
circulation of the area, particularly as patrons may be
expected to arrive and depart at approximately the same
time.
5. That the establishment, maintenance or operation of the use
or building applied for will, 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.
If the Planning Commission should desire to approve Use Permit
No. 1944, the Findings and Conditions, as outlined in Exhibit "A"
are suggested.
TO: Planning Commission - 5.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
W. Wi Tiam Ward
Senor Planner
WWW /ch
Attachments: Exhibit "A"
Vicinity Map
Plot Plan, Floor Plan and Elevations
Restaurant Description
EXHIBIT "A"
Use Permit No. 1944
Findings and Conditions of Approval
Findings:
1. That the proposed development is consistent with the
General Plan and is compatible with surrounding land uses.
2. The project will not have any significant environmental
impact, providing that parking demands are met. A municipal
parking lot is directly north and contiguous to the proposed
restaurant facility, and may be useful to said business
during the evening hours.
3. Parking demand for the restaurant should be lower than
normal due to the unusual operational character of the
proposed restaurant.
4. The Police Department has indicated that they do not con-
template any problems.
5. The proposed background music will not be detrimental to
any surrounding land use so long as the music is confined
to the interior of the restaurant.
6. The approval of Use Permit No. 1944 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 and improvements in
the neighborhood or the general welfare of the City.
Conditions
1. That development shall be in substantial conformance with
the approved plot plan.
2. That all exterior lighting and signs shall be approved by
the Director of Community Development.
3. That all mechanical equipment and trash areas shall be
screened from public streets, alleys, or adjoining
properties.
4. That kitchen exhaust fans shall be designed to control odors
and smoke in accordance with Rule 50 of the Air Pollution
Control District. In addition, the kitchen hood system
shall have an automatic fire protection system installed.
EXHIBIT "A"
Conditions (continued)
5. That this approval shall be for a period of two years, and
any extension shall be subject to the approval of the
Modifications Committee.
6. That five (5) "in- lieu" parking spaces shall be purchased
from the City on an annual basis for the duration of the
restaurant use on the site.
7. That the Applicant provide five (5) off -site parking spaces
through the use of an off -site parking agreement. Approval
of said agreement shall be subject to the procedures as
set forth in Section 20.30.035(D) of the Newport Beach
Municipal Code.
8. That the hours of operation shall be limited between 5:30 p.m.
and 12:00 midnight.
9. That the proposed limousine service shall be provided as an
option to all restaurant patrons as a part of the dinner
reservation.
10. That any proposed background music shall be confined to the
interior of the facility.
r
SCC M/1 P Atl. II
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OCT 24 1980
By thq C1Ty COUNCIL
Clay 0' M10 "T EACH j c %J
RESOLUTION N0.
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 ROBERT CUILTY IN
CONNECTION WITH USE PERMIT NO. 1944 (Robert
the Great)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Off -Site Parking Agreement
between the City of Newport Beach and Robert Cuilty in connection
with Use Permit No. 1944; 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 kv
].02180
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