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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 • • • 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 ... . 0 • • 1 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 OU16 cc: Evelyn R. Hart, Mayor Robert L. Wynn, City Manager Board of Library Trustees 0 •