HomeMy WebLinkAboutC-2395 - Off-Site Parking AgreementMEMORANDUM
OFFICE OF THE CITY ATTORNEY
May 4, 1983
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
MAY U 91983
Agenda Item No. F -3(d)
To: Hon. Mayor & Members of the City Council
From: Robert H. Burnham - City Attorney
Re: Offsite Parking Agreement
O'Connor's & O'Neil's - Restaurant in Civic Plaza
BACKGROUND
The Development Plan for Civic Plaza was adopted in
1975. The Development Plan calls for a restaurant, of approxi-
mately 8,000 sq. ft. to be located near the corner of Santa
Barbara and San Clemente, just east of the fire station and
southerly of the library.
Insofar as the restaurant is concerned, the Development
Plan authorizes the Planning Commission to establish the number
of parking spaces required, but requires offsite parking to con-
form to requirements established by the Zoning Code.
The Development Plan also calls for the construction of
a library not to exceed 30,000 sq. £t. The Development Plan for
Civic Plaza, was adopted almost concurrently with the purchase,
by the City, of the parcel of property on which the Newport
Center Branch Library is located. The Purchase and Sale Agree-
ment pursuant to which the property was acquired, requires the
City, and the Irvine Company, to execute mutual cross easements
for parking and vehicular access purposes at such time as the
property adjacent to the library is developed.
Page Two • Agenda ItJ&o. F -3(9)
May 4, 1983
To: Hon. Mayor & Members of the City Council
Re: Offsite Parking Agreement
O'Connor's & O'Neil's - Restaurant in Civic Plaza
The Irvine Company and Planning staff, in reliance upon
the provisions of the Purchase and Sale Agreement and a memoran-
dum from Hugh Coffin, have assumed that parking spaces could, and
would, be shared by patrons of both uses. It has also been
assumed that for purposes of determining whether adequate parking
was provided it was important only to ensure that the proper
number of spaces were constructed without regard to whether those
spaces were located on the property they were intended to serve.
On January 20, 1983, the Planning Commission approved a
site plan for the restaurant, to be known as O'Connor's and
O'Neil's, authorized by the Civic Plaza Development Plan. The
plan called for almost half of the required restaurant parking
spaces, some of which were tandem /valet spaces, to be located on
City property. Pursuant to the site plan, the doorway to the
restaurant would have been constructed relatively close to the
property line and certain other areas, useful only to the restau-
rant, would be located on City property.
After Planning Commission action, and subsequent to the
issuance of a Rough Grading Permit, concerns were expressed that
the parking arrangement called for by the Site Plan could frus-
trate efforts to expand the library in the future. At that time,
staff re- examined the text of the Development Plan, the require-
ments of the Zoning Code, and the memorandum previously prepared
by the City Attorney's office, and it was determined that an
Offsite Parking Agreement would be required.
The Irvine Company was notified of this requirement and
immediately ceased grading operations. Thereafter, the Irvine
Company, City staff, and representatives of the Library Board met
to discuss the terms of an Offsite Parking Agreement and revi-
sions to the parking plan which would address concerns expressed
by the Library Board and others.
DISCUSSION
Discussions have culminated in a plan which resolves
all of the problems presented by the original site plan. This
plan has the following components:
1. The parties would effect an exchange of property, to be
accomplished by lot line adjustment, such that all Code -
required parking would be located on Irvine Company
property. In essence, the City would give to the Irvine
Company property located along the westerly boundary of
Page Three
May 4, 1983
To: Hon
• Agenda IteWo. F-3(4)
Mayor & Members of the City Council
Re: Offsite Parking Agreement
O'Connor's & O'Neil's - Restaurant in Civic Plaza
the library parcel, and the Irvine Company would give to
the City property located westerly of the property line
which separates the library parcel and parcels 2 and 3
of Resubdivision No. 730. A map showing the property to
be exchanged will be available at the meeting;
2. The parties will execute an Agreement to satisfy the
requirements of certain provisions of the Purchase and
Sale Agreement, the offsite parking provisions of the
Zoning Code and Development Plan. It is anticipated
that the Agreement will contain the following
provisions:
(a) The parties would grant to one another mutual
rights of ingress and egress and confirm the right
of either to the use of approximately 22 parking
spaces located to the east of the central isle, as
shown on the approved Site Plan;
(b) Certain parking areas as shown on the Site Plan
will be designated for "library only" or
"restaurant only" parking. In general, the
"library only" parking will be located on either
side of the aisle closest to the library, and the
"resturant only" parking will be located in the
area currently designated for valet parking. Other
"restaurant only" parking will be located on parcel
3 of Resubdivision 730, and in the area now
specified as "non- designated parking;"
(c) The Agreement will confirm that there is to be
valet parking only in certain, specified areas and
may provide some penalty or sanction for a viola-
tion of those restrictions;
(d) The Irvine Company, at its expense, and for a
period of at least 30 days subsequent to the open-
ing of the restaurant, will station an employee at
the entrance to the parking area between the hours
of 11:30 a.m., to 12:30 p.m., and begin from 5:30
p.m., to 6:30 p.m, to direct patrons of the library
and restaurant to appropriate parking areas. This
would allow the parking practices of the restaurant
patrons to be established in a manner which is
consistent with the needs of the library;
Page Four Agenda It *No. F -3(A)
May 4, 1983
To: Hon. Mayor & Members of the City Council
Re: Offsite Parking Agreement
O'Connor's & O'Neil's - Restaurant in Civic Plaza
(e) The Agreement would contain a provision that would
allow the library and restaurant, on certain, spe-
cified occasions when one or the other was closed,
to exclusive use of parking spaces located on the
property of the other use. The restaurant and
library would be required to give at least 24
hours' advance notice of its intent to utilize
spaces on the property of the other and must con-
firm, prior to giving notice, that the other faci-
lity is closed and will not require parking.
(f) The Irvine Company would be required to construct
steps to access the library parcel from those
"library only" spaces located to the north and west
of the library parcel and to construct other
improvements, the estimated cost of which is
$45,000.00, to construct the parking area which is
located near the southwesterly corner of the
library;
(g) There would be restrictions on parcels 3 and 4 of
Resubdivision 730 limiting the use to parking and
landscaping only. This type of provision is custo-
mary where parking is to be provided on a parcel
other than that on which the building housing the
principal use is located.
It is anticipated that the Agreement outlined above will
serve as the offsite Parking Agreement required by Chapter 20.30
of the Newport Beach Municipal Code.
The plan discussed above would appear to benefit both
parties in that it allows the library to retain rights to parking
sufficient to allow it to expand in the future and assures that
the restaurant use will not be interrupted by disputes stemming
from inadequate parking and /or the failure to comply with condi-
tions to the Site Plan approval.
A letter from the Library Commission regarding this
matter is attached.
This approach is also the most equitable one given the
fact that all parties assumed, at the time of the Planning
Commission approval of the Site Plan, that the Irvine Company had
acquired all discretionary approvals necessary to commence con-
struction.
Page Five • Agenda It *NO. F -3(d)
May 4, 1983
To: Hon. Mayor & Members of the City Council
Re: Offsite Parking Agreement
O'Connor's & O'Neil's - Restaurant in Civic Plaza
RECOMMENDATION
In light of:
(1) The fact that the property to be exchanged is iden-
tical in area; and
(2) The obligation of the City of Newport Beach to
grant an easement for parking and access; and
(3) The commitment of the Irvine Company to spend an
additional $45,000.00 to make improvements required by the amend-
ed plan as well as $75,000.00 to make improvements called for by
the Site Plan, both of which will directly benefit the library;
and
(4) The cooperation demonstrated by the Irvine Company
during these negotiations.
Staff is recommending that:
(1) The Mayor and City Clerk be authorized to execute
all documents necessary to implement the revised plan; and
(2) The City issue Grading and Building Permits, prior
to the execution of these documents, contingent upon a commitment
by the Irvine Company that they will not claim that issuance of
permits or performance of work has accorded the Irvine Company
any "vested rights."
Robert H. Burnham
City Attorney
RHB /pr
MMP /Offsite
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NEWPORT BEACH PUBLIC LIBRARY
Administrative Offices: 856 SAN CLEMENTE DRIVE • NEWPORT BEACH, CA 92660 • (714) 640 -2140
May 5, 1983
Mr. Robert H. Burnham
City Attorney
City of Newport Beach
City Hall
3300 Newport Blvd.
Newport Beach, CA 92663
RE: O'CONNOR'S & O'NEAL'S /CIVIC PLAZA
Dear Bob:
F -3 A
A special meeting of the Board of Library Trustees was held on
• May 4, 1983 to review the proposed agreement in your letter of
April 28, 1983 to the Irvine Company. The Board has the follow-
ing additional agreements (numbering corresponds with your letter)
that they request be included in the final document.
1. Add the words: "equal exchange of 14,800 square feet ".
2.A. Change "22" to "29" parking spaces ... east "and west
side" of the central aisle ... .
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2.C.
Add "on the Irvine Company property" after "certain,
specified areas ... ".
2.E.
Change "30" days to "90" days.
2.F.
Add "Restaurant could use parking exclusively
only when
the Library is closed or, when closed, if the
community
room is not in use. Any exclusive use by the
restaurant
would be limited to the west side of the main
aisle only."
"A.
2.G.
"All improvements regarding parking, lighting,
paving,
drainage, landscaping, retaining walls, etc.,
are to
be at the expense of the Irvine Company."
2.I.
(New). Insert "Library reserves the right to
claim ex-
clusive use of 18 spaces on the easterly side
of the main
aisle, parking is currently shared, in the event of future
Library need."
BALBOA BRANCH
100E. Balboa Blvd.
Balboa, 92661
640 -2241
BRANCH LIBRARIES
CORONA DEL MAR BRANCH
420 Marigold Ave.
Corona Del Mar, 92625
640 -2191
MARINERS BRANCH
2005 Dover Dr.
Newport Beach, 92660
640 -2141
NEWPORT CENTER BRANCH.
856 San Clemente Dr.
Newport Beach, 92660
640 -2246
• Mr. Robert H. Burnham
City Attorney
• April 5, 1983
Page 2
The Board of Library Trustees agrees in concept to the proposed
Agreements, with the inclusion of these additional conditions,
and the Board reserves the right to request further review and
reconsideration of the Agreements should the Agreements, as im-
plemented, prove to be unsatisfactory and /or unworkable. The
Trustees want included in any Agreements the reassurance that
the Library will retain the right to exclusive use of Library
property should it be needed.
The Board of Library Trustees wishes to be kept informed of each
. stage of the construction of the restaurant.
Sincerely,
• ary Richmond
Secretary to the Board
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cc: Evelyn R. Hart, Mayor
Robert L. Wynn, City Manager
Board of Library Trustees
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