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HomeMy WebLinkAboutC-2249 - Off-site Parking Agreement, Redevelopment of Market BasketC eti City Council Meng Febru ary 9, 1981 ' ` i Agenda Item No. y-'p, %u CITY OF NEWPORT BEACH By tnz Ui'i i:�SUw:;it CITY OF d':_` PQP,T BEACki TO: City Council FROM: Planning Department SUBJECT: Request for an Off -site Parking Agreement in conjunction with the expansion and remodel of the existing Market Basket Shopping Center in the C -1 and Unclassified Districts. LOCATION: Portions of Parcels No. 1 and No. 3 and all of Parcel 2 of Record Survey 35 -25, located at 3100 Balboa Boulevard on the southeasterly corner of Balboa Boulevard and 32nd Street in Central Newport (shopping center site). ZONES: C -1 and Unclassified APPLICANT: Innovative Graphics, Inc., Orange OWNER: William J. Cagney c/o Don R. Adkinson, Newport Beach Application This application requests approval of an off -site parking agreement in conjunction with the expansion and remodel of the existing Market Basket Shopping Center. 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 en- titled 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 site or sites). TO: Ciiy Council - 2. 14 d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or in- struments, 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 William J. Cagney, c/o Don R. Adkinson, Newport Beach. Planning Commission Recommendation At its meeting of January 22, 1981, the Planning Commission voted (5 Ayes, 2 Absent) to approve Use Permit No. 1973 to construct a single - story commercial building in conjunction with the expansion and remodel of the existing Market Basket Shopping Center in the Unclassified Dis- trict. The Commission also recommended the acceptance of an off -site parking agreement for a portion of the required parking spaces. One hundred and ninety (190) off - street parking spaces were required by the Commission in conjunction with the expanded commercial develop- ment. Two hundred and eight (208) parking spaces are proposed on the subject parking lot. There are one hundred and forty (140) spaces entirely within the subject property, forty -five (45) spaces are on the lettered parcels (off -site lot), and twenty -three (23) spaces are "split" between the parcels by the dividing property line. The Planning Commission approved Use Permit No. 1973 subject to five Findings and eleven 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, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by 'k! ,v a W. G M L I Current Planning dministrator WRL /kk Attachments for City Council Only: 1) Vicinity Map 2) Parcel Map indicating off -site parking lot 3) Excerpt of the Planning Commission Minutes dated 1/22/81 4) Planning Commission Staff Report with Attachments 7 XIS, �rt Ft St' sr GhAW 0 C*l ffk I I N Mr Li C-1 I -r- c -Z� CL SUS03ECT ppa- ►il W•11 Md N•1 wt C4 M• 4 w 5T Ar Ci AAA C•L O CA ICA PLC lv\la PLC P-c \-NEWPOR2 DISTRICTING MAP WPORT BEACH — CALIFORNI MISMWML R�-Q �Tw" ftwftftnK npwftnW L"T COMMMI" UFLX■ R nft COMM CQMMMOKK aft WATME ftRl acomn4L MAXUPWUMM UNMAMPUD USE' PE-xm ITNO. 1123 5 0 SHEETy OF SHEET SCALE L• - 50. .. .. //,'� 5004 IY"'s1 � RS. T. .5009. .w • 98iR �1 .. - ".'r ..aura .Ka a.+r r •Y.16 Y�ra.+ CITY OF NEWPORT BEACH. .wa 'r rant a 6+11�e..o.,,•� ORANGE COUNTY. CALIFORNIA. Mar. �TflN IIIOft .O. OF LOT1 \- 11•�4LLU•.IVE.OF gSLOC 1•)1 AMD gQYlOU1 OL LOH b 11.1ucLU�wa pF aL6LK 411 OP UILf� TQILLT . 9COr. A. P6Le 15. WXEI_I..GYCOU> _ . 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's A_r_ rti' i / TTTaR Iea , PARCEL'C' �'•�_ \a•�.; %r•, r le LrtT OS YrC Ma. .`.Fq. T1e wt•r6s �M /A1FNr NOMS _`: / MT s• IIt�N ta.va T"aILD 1_1. T.0 /• COMMISSIONERS 5 x No 5i D w 7 � N (D fli 7 January 22, 1981 Of t Beach DRAH MINUTES 11. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements, if is desired to obtain a Building Permit pri o completion of the public improvemen 12. That a Tenta arcel Map shall be filed with the Planning tment prior to the issuance of a Building it for the pro- posed construction and alter on the property. A Parcel Map shall be ded with the County Recorder within six months of the Planning Commission's approv of the required resubdivision application. Request to construct a new single- story, commer- Item #5 cial building in conjunction with the expansion and remodel of the existing Market Basket Shopping Center, and related off - street parking USE PERM area in the Unclassified District. The request NO. 1973 also includes the acceptance of an off -site parking agreement for a portion of the required parking spaces. APPROVED CONDI- LOCATION: Portions of Parcels No. 1 and No. TIONALLY 3 and all of Parcel No. 2 of Record Survey 35 -25, located at 3100 Balboa Boulevard on the sodtheasterly corner of Balboa Boulevard and 32nd Street in Central Newport. ZONES: C -1 and Unclassified APPLICANT: Innovative Graphics, Inc., Orange OWNER: William J. Cagney c/o Don R. Adkinson, Newport Beach Mr. Don Webb, Assistant City Engineer, referred to Exhibit "A" of the staff report, Condition No. 3 and suggested that it be revised to read as follows; "3} That the forty -foot wide Lake Avenue right -of -way be vacated with right of access to 32nd Street to be reserved for the owner." -23- COMMISSIONERS w J N X a 4anuary 22, 1981 Of f t Beach MINUTES ROLL CALL I 11 I Jill I INDEX I Motion All Ayes Absent Mr. Webb also suggested that added to read as follows: "1 with traffic cover acceptable Department be constructed ove water and fire service meters Mr. Webb stated that in this meters and water lines will n removed. Condition No. 11 be 1) That a vault to the Public Works r and around the in Lake Street." way, the existing of have to be The public hearing opened in connection with this item and Mr. Don Adkinson, representing the owner appeared before the Commission. Mr. Adkinson stated that they are in concurrence with the con- ditions imposed. He requested that the Commissio ask the City Council to initiate the abandonment of Lake Street. Mr. Webb stated that this is an item that can be resolved with the applicant, at the staff level, rather than as a condition of this development. Motion was made for approval of Use Permit No. 1973, subject to the findings and conditions of the staff report and as revised by the Public Works Department as follows, which MOTION CARRIED. FINDINGS: 1. That the proposed expansion is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan, and is com- patible with surrounding land uses. The project will not have any significant environmental impact. 3. The Police Department has indicated that it does not contemplate any problems. 4. The required parking spaces for the shopping center on a separate lot from the building site is justifiable for the following reasons a) The off -site parking lot is immediately adjacent to the subject property and is easily accessible. -24- / COMMISSIONERS ganaury 22, 1981 • a D City of Newport Beach r x m w J ROLL CALL MINUTES INDEX b) The proposed development will not create undue traffic hazards in the surrounding area. c) The applicant has long -term agreements for the use of the subject off -site parking lot. 5. The approval of Use Permit No. 1973 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of person 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. CONDITIONS: 1. That development be in substantial confor- mance with the approved plot plan and elevations, except as noted below. 2. That an off -site parking agreement be ap- proved by the City Council, guaranteeing that a minimum of forty -five parking spaces and a portion of twenty -three additional parking spaces shall be provided on Parcels E, F and H of Resubdivision No. 301 for the parking of vehicles for the duration of the shopping center use. 3. That the forty -foot wide Lake Avenue right - of -way be vacated with right of access to 32nd Street to be reserved for the owner. 4. That the on -site fire hydrant be relocated in an area approved by the Fire Department, and an appropriate ten -foot utility easement be dedicated to the City. That a document be executed granting the City the right to drain storm water from the alley (and its tributary area) on the southerly side of the parking lot to and across the parking lot. The document shall also allow the City, if desired, to extend the existing parking lot drain to the aforementioned alley -25- 1 dT 0 • COMMISSIONERS January 22, 1981 �0 w 03 > City of Newport Beach fn J � N 7c to J MINUTES R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX The document is to be executed prior to occupancy being granted on any new struc- tures. The wording shall be approved by the City Attorney and Public Works Depart- ment, and the document shall be recorded with the Orange County Recorder's Office. 6. That the City Traffic Engineer shall review and approve the parking lot and circulation system prior to the issuance of Building Permits for the new structure. 7. That all signs shall conform to the Sign Ordinance. 8. That a landscape and irrigation plan shall be approved by the Parks, Beaches and Recreation Department. Said landscaping shall be implemented in accordance with the approved plan and the landscaping shall be permanently maintained. 9. That all mechanical equipment and the storage of cartons, containers and trash shall be shielded from view within the building or within areas enclosed by solid walls or fences. 10. That all exterior lighting shall be approved) by the Planning Department. 11. That a vault with traffic cover acceptable to the Public Works Department be constructe over and around the water and fire service meters in Lake Street. Commissioner McLaughlin was present for the meeting at 9:55 p.m. Q Planning Commission Meeting January 22, 1981 Agenda Item No. 5 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 1973 (Continued Public Hearing) Request to construct a new single- story, commercial building in conjunction with the expansion and re- model of the existing Market Basket Shopping Center, and related off - street parking area in the Unclassi- fied District. The request also includes the accep- tance of an off -site parking agreement for a portion of the required parking spaces. LOCATION: Portions of Parcels No. 1 and No. 3 and all of Parcel No. 2 of Record Survey 35 -25, located at 3100 Balboa Boulevard on the southeasterly corner of Balboa Boulevard and 32nd Street in Central Newport. ZONES: C -1 and Unclassified APPLICANT: Innovative Graphics, Inc., Orange OWNER: William J. Cagney c/o Don R. Adkinson, Newport Beach Application This is a request to construct a n in conjunction with the expansion Basket Shopping Center and related the C -1 and Unclassified Districts acceptance of an off -site parking quired parking spaces. ew single -story commercial building and remodel of the existing Market off - street parking area, located in This request also includes the agreement for a portion of the re- Section 20.53.020 of the Municipal Code provides that all uses not otherwise prohibited by law shall be permitted in an Unclassified District, provided that a Use Permit shall first be secured. Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code. In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the build- ing site or sites unless: a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 4 iff Planning Commission - 2. 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 of the City Council, execut instruments, approved as to City Attorney, providing fo required off- street parking tion of the proposed use or or sites. Should a cha proposed, the off -stree at the time shall apply recorded in the office thereof filed with the Environmental Significance e r City, upon the approval a written instrument or form and content by the the maintenance of the on such lot for the dura- uses on the building site e or additional use be regulations applicable nstruments shall be unty Recorder and copie Department. nge in us t parking Such i of the Co Planning s This project has been reviewed and it has been determined that it is categorically exempt under Class 1 (Existing facilities) from the re- quirements of the California Environmental Quality Act. Conformance With the General Plan The Land Use Element of the General Plan and the Draft Local Coastal Plan designate the site for "Retail and Service Commercial Uses." The proposed expansion and remodeling fall within the permitted uses. Subject Property and Surrounding Land Use A mixture of commercial, retail and restaurant uses exist on the sub- ject property. To the north and east, across Newport Boulevard, are commercial uses; to the southeast, directly behind the subject prop- erty, to the south across Balboa Boulevard, and to the west across 32nd Street, are single - family and duplex residential uses. Background At its meeting of January 16, 1958, the Planning Commission approved Use Permit No. 390, a request to permit the establishment of a retail shopping area including a market and various small business facilities in the Unclassified District, subject to the following conditions: "1. That the shopping center be located between 30th, 32nd, Newport Boulevard, and Balboa Boulevard. M TO: Planning Commission - 3. 112. That there be no improvements on that portion of land to be included in the future widening and development of 32nd Street between Newport Boule- vard and Balboa Boulevard. "3. Extension of time (requested by applicant), under Section 9106.41, extended from six to twelve months is found to be legal by the City Attorney. "4. Off- Street parking must be established in accor- dance with C -1 -H formula." "The Planning Commission found and determined that the establish- ment of a shopping center on the subject property described in this application, with the exception of Parcel D, would not be detrimental to the general welfare of persons residing or work- ing in the area and approved the application subject to the above conditions." Building Permits for this shopping center were issued in July of 1959. At its meeting of October 17, 1963, the Planning Commission approved Use Permit No. 989, a request to permit on -sale beer and wine in con- junction with the "Flying Butler" restaurant facility at 3101 Newport Boulevard.on the subject property. Said restaurant use was subse- quently converted into a Carl's Jr. restaurant facility in 1972. The parking standards in effect at the time of the approval of Use Permit No. 989 was one parking space for each three seats. Based upon a maxi- mum occupancy load of one hundred persons, thirty -four parking spaces were required for the "Flying Butler" restaurant facility. At its meeting of September 16, 1971, the Planning Commission approved Use Permit No. 1551, a request to utilize two stores in the existing commercial shopping center for a drive -in and take -out Kentucky Fried Chicken restaurant facility. Following discussion, Use Permit No. 1551 was approved subject to the following conditions: No free - standing sign shall be allowed. 2. All other signs shall comply with the require- ments of Section 20.53.100 of the Newport Beach Municipal Code. The requirements for walls and landscaping as specified in Sections 20.53.070 and 20.53.080 of the Newport Beach Municipal Code shall be waived as provided by Section 20.53.130 of the Newport Beach Municipal Code. According to the staff report prepared in conjunction with this use permit request, the Kentucky Fried Chicken facility contained 2,400 sq.ft. of total floor area and a total of twenty parking spaces were required. LM TO: Planning Commission - 4. In June of 1980, Building Permits were issued for remodeling, a new storefront and canopy, interior partitions, and fixtures in the existing Market Basket store. Analysis The following outline reflects the major characteristics of the prop- erty development: Land Area (including adjacent off- site parking lot) 3.69 Acres ± Floor Area 33,795 sq.ft. of space) 136 spaces Existing Retail Shops 3,480 sq.ft. ± Restaurants 3,720 sq.ft. ± Market Basket 24,954 sq.ft. ± Proposed Shops 5,361 sq.ft. ± TOTAL 37,515 sq.ft. ± Building Height Maximum Permitted 26 ft. Maximum Proposed 24 ft. Parking Requirements Retail Uses (1 space /250 sq.ft. - 33,795 sq.ft. of space) 136 spaces Restaurants (based upon previously approved use permits) Former Flying Butler (Carl's Jr.) 34 spaces Kentucky Fried Chicken 20 spaces Total No. of Required Spaces 190 spaces Proposed Spaces (On -site and off - site - see details of parking lot analysis below.) 208 spaces Proposed Parking Lot After reviewing the proposed parking lot plan, the City Traffic Engineer recommended that the following changes by included in the final design of the development: a) The aisle adjacent to the front of the building should be widened to a minimum of twenty -six feet to accommo- date vehicles, pedestrians and shopping carts. b) The driveway on Newport Boulevard should be widened to a bottom width of twenty -six feet and should be a Type II commercial approach with fifteen foot radius returns. , A TO: Planning Commission - 5. c) The northerly driveway on Balboa Boulevard should be closed due to its proximity to the 32nd Street intersection. d) The driveway on 32nd Street should be widened to a minimum bottom width of twenty -six feet. e) Parking lot light standards should be located on the line between stalls. f) The southerly driveway on Balboa Boulevard should be widened to a minimum of twenty -six feet to accommo- date two -way traffic. A revised plan incorporating these changes is being prepared. Off -Site Parking Agreement The applicant is proposing to provide a portion of the required parking spaces on the adjacent parcels immediately northwest of the subject property, as shown on the attached vicinity map and on the attached parcel map. The parcels (Parcels E, F, and H, Resubdivision No. 301) and the subject property are owned by the Southern Pacific Land Company and are under long -term leases to William J. Cagney, holder of the master lease covering the land on which the existing shopping center is located. The property line separating the lettered parcels of Resubdivision No. 301 and the subject property forms an arc that divided the two parcels. (The existing Lake Avenue right -of -way is located between Parcels F and H.) The total required number of parking spaces for the development is 190 spaces. There are 140 spaces entirely within the subject property, 45 spaces are on the lettered parcels and 23 spaces are "split" be- tween the parcels by the dividing property line. The City Attorney's office has indicated that these "split" spaces will not present any problems in preparing an off -site parking agreement. Landscaping The landscaping plan submitted by the applicant indicates that the following vegetation will be planted: 60 - 15 gallon Ficus Microcarpa (Indian Laurel trees) 210 - 1 gallon Tamarisk Junipers, Raphiolias, and Photinias (shrubs) 60 - Flats Fiesta Red Gazanias (ground cover) Said landscaping will be installed in landscaped planters dispersed throughout the on -site and off -site parking lots. • TO: Planning Commission - 6. Signs The applicant is proposing to remodel the two existing double -faced pole signs on the property by adding resawn wood stained to match the new building trim to the existing poles, with new 160 sq.ft. (per face) sign cabinets. The existing building signs will be re- placed per the elevations submitted. Four (4) Market Basket wall signs are located on the building, con- sisting of one set of interior illuminated letters 42" high x 46'6" long, two undercanopy signs 4' x 16' each, and one undercanopy sign 3' x 12'. Section 20.06.070 B.2.(c) of the Municipal Code now permits a maximum of three wall signs per building, but a multi- tenant building may have one wall sign per business plus one 25 sq.ft. building direc- tory wall sign listing tenants. However, Section 20.06.110 D of the Municipal Code states that any such nonconforming sign may be removed for the purpose of remodeling a building and replaced within thirty days after the remodeling is completed. The shop tenant signs will be 2'6" high, with the width not exceeding 60% of the individual shop frontages. These signs conform to the standards set forth in the City Sign Ordinance. Public Works Department Conce The Public Works Department has indicated that there are problems with the drainage of the alley and residential area adjacent to the subject property to the south of the site. When the Market Basket parking lot was originally constructed, the grade was raised and a wall was con- structed along the southerly side of the lot. This blocked drainage from the adjacent residential area bounded by the parking lot, 30th Street, and Balboa Boulevard (see attached maps). The alley parallel- ing 30th Street which serves the residential area terminates at the wall approximately eighteen inches lower than the Market Basket park- ing lot. There is presently no outlet for storm water and it must soak into the ground. It is not possible to drain the alley to either Balboa Boulevard or 30th Street. The existing parking lot has a drain which terminates approximately twenty to thirty feet from the alley. In order for the City to discharge storm water across the parking lot, to and through this drain, it will be necessary to obtain the right to do so from the property owner. There is also a forty -foot wide right -of -way for Lake Avenue on the subject property (Parcel "G" Resubdivision No. 301). The Public Works Department has indicated that it is the City's desire that this right - of -way be vacated. As a part of this abandonment, the existing water valves and lines will have to be relocated into the 32nd Street right - of -way. Additionally, the existing on -site fire hydrant should be relocated in an area approved by the Fire Department, and a ten -foot utility easement be dedicated to the City. 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 1%" T0: Planning Commission - 7. 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. 1973 and also recommends that the proposed off -site parking agreement be forwarded to the City Council for approval. Should the Planning Commission desire to approve this application, the findings and conditions of approval as set forth in Exhibit "A" are recommended. PLANNING DEPARTMENT JAMFc M. HEWICKER, Director by ' RI G S II Associate Planner CG /kk Attachments: Exhibit "A" Vicinity Map Parcel Map indicating off -site parking lot Letters from Applicant and Applicant's Attorney Plot Plan, Elevations and Proposed Signs 13 0 EXHIBIT "A" FINDINGS AND CONDITONS OF APPROVAL USE PERMIT NO. 1973 FINDINGS: 1. That the proposed expansion is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan, and is com- patible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that it does not contemplate any problems. 4. The required parking spaces for the shopping center on a separate lot from the building site is justifiable for the following reasons: a) The off -site parking lot is immediately adjacent to the subject property and is easily accessible. b) The proposed development will not create undue traffic hazards in the surrounding area. c) The applicant has long -term agreements for the use of the subject off -site parking lot. 5. The approval of Use Permit No. 1973 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 improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development be in substantial conformance with the approved plot plan and elevations, except as noted below. 2. That an off -site parking agreement be approved by the City Council, guaranteeing that a minimum of forty -five parking spaces and a portion of twenty -three additional parking spaces shall be provided on Parcels E, F, and H of Resubdivision No. 301 for the parking of vehicles for the duration of the shop- ping center use. 3. That the forty -foot wide Lake Avenue right -of -way be vacated and the existing water valves and lines be relocated into the 32nd Street right -of -way. 0 - 2 - 0 4. That the on -site fire hydrant be relocated in an area approved by the Fire Department, and an appropriate ten -foot utility easement be dedicated to the City. 5. That a document be executed granting the City the right to drain storm water from the alley (and its tributary area) on the south- erly side of the parking lot to and across the parking lot. The document shall also allow the City, if desired, to extend the existing parking lot drain to the aforementioned alley. The document is to be executed prior to occupancy being granted on any new structures. The wording shall be approved by the City Attorney and Public Works Department, and the document shall be recorded with the Orange County Recorder's Office. 6. That the City Traffic Engineer shall review and approve the parking lot and circulation system prior to the issuance of Building Permits for the new structure. 7. That all signs shall conform to the Sign Ordinance. 8. That a landscape and irrigation plan shall be approved by the Parks, Beaches and Recreation Department. Said landscaping shall be implemented in accordance with the approved plan and the land- scaping shall be permanently maintained. 9. That all mechanical equipment and the storage of cartons, con- tainers and trash shall be shielded from view within the building or within areas enclosed by solid walls or fences. 10. 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UPON A FIRi , tIoRHEY w CONFORM - AMLn wITM TOt Rt4WRG4' NT, er 1>R' WRO. +IMOM WI.CTAT RrOJ li OI TaG UTT O ►NRwE vio rr DQALr 4 r -•• ?•D.1uncnM -E ' Ali �y.� Tw- To rwi ATHAT T '.P to4roRMS Tp rueo?PMz Rp lr_�YS_ 1, TL.. .'4 w►AND TMR LOMDITJNy '.: op TlR RO• - s:lMA7.ALL Ny.v`...y o*"Nc a'AK¢ >TAT¢'LAw •4D • JRVt4AMLpy "• R Dtny'.CO y_ P64& iEL Tr• ' WILLIAM OIL 11LfLC`1iT - •L.%. SIMr•' C /TY ENG/NEER.r ' CERT /F cC ' TMIy MAP MA% DQEN GRAMI4tD TW) . S' CONRORMANCQ WrtN RQpMtRG- ��' M ►MT> N RIDN t101 lyTy yCT Art. t y0G rmr.MA un-cm er uewrDRT ne.c>a ' Af \ COUNTY SURVEYORS CERAR/CATE I4E RpyE pA9T0. ..T�My DA•Y OeP \\ .\ .[ '\ ^.1 \(gENTV DRP4TY WRKYOR i tt Rr. Rh TN rER art! r urt rpL nt 01,1r 4 clip rEl unt � rRrlt 9O / 4 % >TRRGT ORIMG MSi•SI'W'G ASM M I OW A NAP RECORDED W pOOK ) >, PAGE t•! Oc RECORD 0e >URVEY >, RECORD> , OC ORYYR ICgIMTY• cAUFORUTA_ MOA[/MENT NOTES *41 ,• $QOM PIP<• TAAGtD 1.y. dAa. L >TRRGT ORIMG MSi•SI'W'G ASM M I OW A NAP RECORDED W pOOK ) >, PAGE t•! Oc RECORD 0e >URVEY >, RECORD> , OC ORYYR ICgIMTY• cAUFORUTA_ MOA[/MENT NOTES *41 ,• $QOM PIP<• TAAGtD 1.y. dAa. L • �ra4ON MVPM- OEN'PER REMODEL 3100 Bolboa Blvd. Newport Beach, CA BUILDINGS: The Market Basket building is 249954.25 sq.ft. Plans to remodel this store have been approved by your department. The existing shops and restaurants are 7,200 aq.ft. Public access area within the restaurants is 19571 sq.ft. including counters. The new shop building is 5061 sq.ft. The remodel of the existing shops will include a new roof canopy with Mission tile. The face of the canopy will be covered with T1 -11. PARKING LOT: The parking lot will be enlarged with a total of 211 spaces. The lot will be resurfaced and restriped. The number of spaces required is 183. LANDSCAPING: Material used for the planters will consist of 60, 15 gallon Ficus Microcarpa (Indian Laurel), 210 one gallon Tamarisk junipers, Raphiolios and Photinas, 60 flats of Fiesta red Gazaniar, 50 sacks of mulch, 80 yards of top soil and 80, 14' poles or stakes. The sprinkler system will include automatic bubblers and sprayers with 12 stations and outdoor timer. PARKIM LOT LIGHTING: The existing parking lot lighting will be utilized with 4 poles to be relocated per plan. SIGNS: The existing pylon signs will be remodeled. The poles will be covered with resawn wood, stained to match the building trim. New sign cabinets of 160 sq.ft. each will be installed on the existing poles. The pylon signs will be located within new landscaped planters. The Market Basket signs consist of one set of interior illuminated letters 42" high x 4616" long, two umdsrcanapy signs 4' x 16' each and one under- canopy sign 3' x 121. i i 126 E. Grove Ave. /Orange. CA. 92665/( 714) 9R-9S.Sn. 0 iA 0 0 Mr. Chris Gustin Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Market Basket Shopping Centers Dear Chris: I wish to thank you for your telephone conversation this date. This letter is in response to your expressed concern that all of parcels which together compose the proposed parking lot remain available for the use of the existing and proposed tenants of the center. In that regard, you are hereby advised that the lease from the Southern Pacific Land Company to my client, William J. Cagney, was amended on February 28, 1979 to include within the total leased premises of the shopping center the parcels lying between the existing parking lot and 32nd Street. The lease term for the shopping center (including the additional parcels) runs until August 31, 2010. It should be noted that, at the time the lease expires, all of the land within the shopping center, including the total parking lot, shall continue under the ownership of the Southern Pacific Land Company or its then successor -in- interest. If you have any further questions, please feel free to call me. Very truly yours, HARWOOD & ADKINSON Don R. Adkinson DRA:ypc cc: William J. Cagney Bruce Van Horn William Cardone > y N" r i c, oL 6 no HARWOoD & ADKINSON DONALD D. HARWOOD TELEPHONE 1714) 699 -1313 ATTORNEYS AT LAW DON R. AD nIN SON 550 NEWPORT CENTER DRIVE -SUITE BOO DENNIS W. HARWOOD POST OFFICE BOX 1907 THOMAS A. BERNPVER IN REPLY REFER r0: NEWPORT BEACH, CALIFORNIA 92663 JOHN M. MEIN DL DWIGHT J GRIFFITH LORA LEE MOORE January 15, 1981 Mr. Chris Gustin Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Market Basket Shopping Centers Dear Chris: I wish to thank you for your telephone conversation this date. This letter is in response to your expressed concern that all of parcels which together compose the proposed parking lot remain available for the use of the existing and proposed tenants of the center. In that regard, you are hereby advised that the lease from the Southern Pacific Land Company to my client, William J. Cagney, was amended on February 28, 1979 to include within the total leased premises of the shopping center the parcels lying between the existing parking lot and 32nd Street. The lease term for the shopping center (including the additional parcels) runs until August 31, 2010. It should be noted that, at the time the lease expires, all of the land within the shopping center, including the total parking lot, shall continue under the ownership of the Southern Pacific Land Company or its then successor -in- interest. If you have any further questions, please feel free to call me. Very truly yours, HARWOOD & ADKINSON Don R. Adkinson DRA:ypc cc: William J. 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(D H-0 d>roo M OC a F3 Fd ;d H r n 0 x =11 O z (D (D rr H O rt 1 G a dm w ti w >>bC] U]'mN H H bd t0 -h r H<G)O OD H 10�>0 �txjyFO (D - t z��r a' Hr0 0W C� • rt r_ 0 Z D ro FJ tzj FC H f]� rt > proi ° FJ rr �:r M rt o (D a x H. o 0 rt z N � (D O O 0 C) O Cl, (D H. rt r (D rt M N (D C7 z xG rt N n (D C) H• O F- (D C O Q C07 N (D w 0i rt, (D :Ca N 0 ((D (D (@D 0 O w (D W t- W ..A rt Yr .13 F"• � S� rt rt a, O (D 5 Oca O (rt r_ F' c -r � rt, O, O � t�h (D m zwnn'y (D w H• F-4-, C,) rr rt (D i O bi ` P) rr : (D td' -d z n (D w° :x� Cl rr 'o n �31 0 � � Fi O rt rt �c (D m m fz w w H z � HZLIJ O o m Nig: > H-0 d>roo M OC a F3 Fd ;d H r y0 0 � z �Ht�S O � z C) F" H®� W dm w ti w >>bC] U]'mN H H F'' m Z F< H<G)O OD H 10�>0 �txjyFO (D - t z��r a' Hr0 0W C� Mimy� 61 r_ w W Z D FJ tzj FC H f]� O 110 rr (D m zwnn'y (D w H• F-4-, C,) rr rt (D i O bi ` P) rr : (D td' -d z n (D w° :x� Cl rr 'o n �31 0 � � Fi O rt rt �c (D m m fz w w O o m Nig: A H-0 OD H __q r 0 z z 0 H O � H A Nor .G r �� BK 14079 pG 942 Orange County Recorder, County of Orange, State of California, -is-hereby 46cepted and adopted as a City waterline easement. ADOPTED this 13th day of April, 1981. ATTEST: /S/ Wanda E. Andersen City Clerk CE9TIFAE© AS A TIDE AND CORRECT COPY CU CLERK OF THE CITY OF NEWPORT 55AC11 DAM, 6 /S/ Jacqueline E. Heather Mayor HRC/pr 5/26/81 CITY OF NEWPORT BEACH Lee A. Branch County Recorder P.O. Box 238 Santa Ana, California 92702 OFFICE OF THE CITY CLERK (714) 640 -2251 Attached for recordation is Offsite Parking Agreement between the City of Newport Beach and William Cagney in regard to redevelopment of Market Basket shopping area. (C -2249) Authorized by Resolution No. 9974 City of Newport Beach on February 9, WANDA E. ANDERSEN City Clerk WA:da encl. adopted by the Council of the 1981. ('It-v 11AI • :3:MO \cw1mit Bmdc%ard. Ac%kport Beach. ('aldmma 92663 40 RESOLUTION NO. 9 '97 4 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 WILLIAM CAGNEY IN REGARD TO REDEVELOPMENT OF MARKET BASKET SHOPPING AREA 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 William Cagney in connec- tion with the redevelopment of the Market Basket shopping area; 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 off-Site Parking 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 9th day of February, 1981. Mayor ATTEST: City Clerk 020481 kv