HomeMy WebLinkAboutC-2486 - Off-Site Parking Agreement (Use Permit No. 3063) - 2800 Lafayette84'507742
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
�
City Clerk; -,`�,","
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
EXEMPT
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-Z 30 PM DEC 6'84
COUNTY
RECORDER
I
CHI
OFF-SITE PARKING AGREEMENT JAN 11
Cr
RUTH ANN ZIMMERMAN
2800 Lafayette, Newport Beach, California
THTQ AGREEMENT, made and entered into this
day of r1984 by and between
CITY OF NEWPORT BEACH, a municipal
corporation and charter City,
hereinafter referred to as "City,"
and
MARY J. SINGER
hereinafter referred to as
"Owner",
and
RUTH ANN ZIMMERMAN
hereinafter referred to as
"Lessee,"
is made with reference to the following facts, the materiality and
existence of which is stipulated and agreed by the parties hereto:
I. Owner owns certain real property located at 2807
Newport Boulevard, in the City of Newport Beach, County of Orange,
State of California, which real i�z�,e-,r-t-y--j-,c-:-4:nQ--.P--..--pa-rticularly
described as:
84-507742
A portion of Lot 10, Subdivision of Block
227, Section "A", Newport Beach, as shown
on a map thereof, recorded in Book 4, Page
36, of Miscellaneous Maps, Records of
Orange County, California, more particu-
larly described as follows:
Beginning at the most northerly corner of
said Lot 10; thence south 27057'27" east
along the northeasterly line of said Lot
10, a distance of 22.98 feet to the be-
ginning of a curve, concave westerly, hav-
ing a radius of 502.00 feet; the point of
intersection of the semi -tangents of said
curve being the intersection of the north-
easterly line of said Lot 10 with the
easterly line of said lot; thence south-
easterly along said curve, through an ang-
le of 10058131", a distance of 96.16 feet
to a point 28.24 feet, measured at right
angles, from the southwesterly prolonga-
tion of the center line of 28th Street
(formerly 26th Street), calculated 48.48
feet in width, as shown on a map of Section
"A", Newport Beach, recorded in Book 4,
Page 21 of Miscellaneous Maps, records of
said Orange County, a radial line to said
502.00 foot curve, from said point, bears
south 73001104" west; said point being
also on a curve concave northerly, having
a radius of 420.00 foot radius curve
through an angle of 17044'35", a distance
of 130.06 feet to the southwesterly line
of said lot 10; thence north 19042130" west
along said southwesterly line of lot 10, a
distance of 68.59 feet to the westerly
corner of said lot 10; thence north 620
02'33" east along the northwesterly line
of said lot 118.56 feet to the point of
beginning.
hereinafter referred to as "the property"; and
II. Lessee operates on property located at 2800
Lafayette, Newport Beach, California, an office building with a
portion of said office building known as Pacific Dateline Tours, Inc.
Provisions of the Newport Beach Municipal Code require persons
conducting an office building, to provide parking spaces for their
employees; and
-2-
84-507742
III. Lessee has applied to City for a Use Permit, has done
so because Lessee proposes to remodel the premises located at 2800
Lafayette, Newport Beach, California, and the changes proposed by
Lessee are such that additional parking spaces must be provided by
Lessee; and
IV. Lessee has entered into a written agreement with
Owner, which agreement grants to Lessee the exclusive right to use
ten (10) automobile parking spaces on the property. A copy of the
written agreement, as amended, is attached hereto and marked Exhibit
"A".
V. The Planning Commission of the City of Newport Beach,
in conjunction with its consideration of the Use Permit #3063,
recommended to the City Council of the City of Newport Beach approval
of this Off -Site Parking Agreement, after determining that the
conditions of Section 20.30.035(L) of the Newport Beach Municipal
Code were satisfied; and
VI. The City Council of the City of Newport Beach con-
sidered the proposed Off -Site Parking Agreement, determined that the
Agreement satisfied the provisions of Section 20.30.035(D) of the
Newport Beach Municipal Code, and authorized execution of this
Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Lessee shall execute, and do all things necessary to
ensure the effectiveness and validity of, the written agreement
pursuant to which Lessee has the right to automobile parking spaces
on the property. Lessee further agrees to fully perform all of the
duties and responsibilities imposed upon Lessee by the Lease Agree-
ment (Exhibit "A") pursuant to which Lessee has the right to parking
spaces, and further agrees that any breach by Lessee of the terms of
-3-
84-507742
this written agreement constitutes a breach of this agreement. The
duties of Lessee pursuant to this paragraph shall continue for such
time as the Lessee operates an office building located at 2800
Lafayette, Newport Beach, California, and with the characteristics,
and intensity of use, authorized by the Lease and any previous
approvals granted by City.
2. In the event that the use of the off-street automo-
bile parking spaces provided for on this Lease Agreement (Exhibit
"A") are lost to Lessee, for any reason, Lessee agrees to do the
following:
a. Alter the characteristics of, or reduce the capacity
of, the office building located at 2800 Lafayette, Newport
Beach, California, such that the automobile parking spaces
available to, and under the control of, Lessee are, given
consideration to any nonconforming rights that Lessee may have
as of the date of this Agreement, sufficient to satisfy the
parking requirements of the Newport Beach Municipal Code;
b. Notify, in writing and within 30 days of the loss of
the parking spaces, the Planning Director of the City of Newport
Beach that automobile parking spaces previously available to
Lessee are no longer available; and
C. Prior to resuming business in the manner authorized
prior to the loss of the parking spaces, Lessee shall submit to
the Planning Director of the City of Newport Beach a new or
amended Off -Site Parking Agreement, giving Lessee the use of at
least the same number of parking spaces required by the Lease
Agreement, as amended, (Exhibit "A") and this agreement and
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss 84-507-742
ON K` OU c -H I&E Q- 27 T , 19
before me, the undersigned, a Notary Public in and for said
State, personally appeared &ILtP LAo-u1-F(L
known to me to be the Mayor of the City of Newport Beach, and
W MDA i t ca
known to me to be the City Clerk of the City of Newport
Beach, known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they execute
the same.
Witness my hand and official seal.
- t�gBCi�L SEAL13 JR,
EC
M ��—� �•
lEotuy Public Ca;ifornia Notary Public in and for said State
ORANGE CGUNTY
a'`Jl4y Commission Expires Oct. 26,1987,
-----------------------------
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
84--507'742
On December 13, 1983, before me the undersigned, a Notary
Public for the State of California, personally appeared RUTH ANN
ZIMMERMAN, proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument, and
acknowledged that she executed it.
OFFICIAL SEAL
W " LORRAINE M SAWICKI � '
w a NOTARY PUBLIC - CALIFORNIA
r° LOS ANCEL"S COUNTY Lorraine M. Sawicki
My comm. expires SEP 2, 19o5 Notary Public
(SEAL)
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On D4eefflblarI_, 3, before me the undersigned, a
Notary Public for the State of California, personally appeared MARY
J. SINGER, proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument, and
acknowledged that she executed it.
Nota Public
(SEAL) .�.""..`�.,.'"�'
OFFICIAL SIAL
YNi q'.S
W. ARDYTH EYRE
NOTARY PUBLIC - CALIFORNIA
11111 LOS ANGELES COUNTY
---: * My comm. expires ',AN 29, 1983
w asaP
84--507742
PARKING LOT LEASE AGREEMENT
THIS LEASE AGREEMENT is made this Fday of October,
1983,'by- and between MARY J. SINGER, doing business as 28th Street
Marina, hereinafter referred to as "Lessor"', and RUTH ANN ZIMMERMAN,
hereinafter referred to as "Lessee", who agree as follows:
1. Lessor hereby leases to Lessee and Lessee hires from
Lessor ten (10) unassigned parking spaces on those certain premises
located at 2807 Newport Boulevard, Newport Beach, California and
more specifically described on Exhibit "A", attached hereto and made
a part hereby reference (hereinafter described as "premises").
2. The term of this Lease shall be for a period of three
(3) years, commencing on the first day of January, 1984, and
terminating on December 31, 1986 (hereinafter the "term").
3. Lessee shall pay to Lessor as rent for the premises
equal monthly installments of Three Hundred Twenty -Five Dollars
($325.00), in advance, on the first day of each month of the term
hereof. Said rent shall increase by an amount equal to ten (10)
percent of the monthly rent commencing on the first anniversary date
of this Lease Agreement, and on each anniversary date thereafter.
4. The premises shall be used and occupied by Lessee
only for an off-site parking lot for Lessee's occupation and use of
an office building located at 2800 Lafayette, Newport Beach,
California. Lessee may use the premises for such parking (10
EXIHiTIT A
84-507742
spaces) for invites of Lessee's business du.ing the hours of 7:00
a.m, to 6:00 p.m., inclusive, Monday through Friday, inclusive. The
premises may not be used by Lessee for any purpose whatsoever on
Saturday and Sunday at any time. Lessee may not erect any signs on
the premises. Lessor warrants that Lessee shall have exclusive use
and possession of the premises (10 spaces) during the specified
times.
5. Lessee agrees that vehicles shall not park on the
leased premises in such a manner to obstruct ingress or egress of
other vehicles. Furthermore, vehicles shall park at the sole risk
of the owner and driver thereof, with Lessor assuming no responsi-
bility for injury or damages. Furthermore, those persons entering
and leaving the parking area shall use caution and that Lessee shall
save and hold Lessor harmless of damages to persons or property
caused by the negligence of other acts of the operators of the
vehicles entering Lessor's property.
6. In the event of a default by either party for any of
the terms and conditions of this Lease, the defaulting party agrees
to pay the actual costs, including but not limited to attorney's
fees, incurred by the defaulting party in the enforcing of any rights
or remedies provided by law or by this Lease.
7. Lessee agrees to maintain insurance coverage naming
Lessor as an additional insurer in the minimum amount of Five Hundred
Thousand Dollars ($500.,000.00). Said insurance will protect Lessor
against any liability arising out of or relating to any aspect
whatsoever of Lessee's use, rental, or operation of the premises
during the specified hours. Lessee agrees to provide Lessor the
-2-
name, address and telephone number of the insurance agent who has
procured this insurance for Lessee and a certificate of insurance
from the carrier showing the scope and term of such insurance
coverage. Such information and documentation is to be provided by
Lessee to Lessor upon demand, and upon any renewal and any change of
insurer.
8. Lessee hereby acknowledges that she has no right
whatsoever to enter into any additional lease or assignment of all
or any portion of the premises, or to allow any other person to use
any portion of the premises in contravention of the use restriction
clause set forth hereinabove.
9. Lessee agrees to maintain the premises in clean
condition at all times during the term of this Lease. Except for such
cleaning, Lessor shall be responsible for all maintenance and repair
of the premises.
10. Time is of the essence with respect to the perfor-
mance of every provision of this Lease in which time or performance
is a factor.
11. All covenants and agreements to be performed by
Lessee under any of the terms of this Lease shall be performed by
Lessee at her sole cost and expense without any abatement of rent.
If Lessee shall fail to pay any sum of money, other than rent,
required to be paid by her hereunder or shall fail to perform any
other act on her part to be performed hereunder, and such failure
shall continue for two days after notice thereof by Lessor, Lessor
may, without waiving or releasing Lessee from any obligations
-3-
84.507742
hereunder, but shall not be obligated to, make any payment or perform
any such act on Lessee's part to be made or performed as in this Lease
provided. All sums to be paid by Lessor and all necessary incidental
costs together with interest thereon at the annual rate of two (2)
percentdge points above the prime annual interest rate of Bank of
America in effect at the due date ( but not more than the maximum rate
permissible by law) , from the date of such payment by Lessor shall
be payable to Lessor on demand. Lessee covenants to pay any such sum
and Lessor shall have (in addition to any other right or remedy of
Lessor) the same rights and remedies in the event of nonpayment
thereof by Lessee as in the case of default by Lessee in the payment
of the rent.
12. Lessee shall indemnify and hold Lessor harmless
against and from any and all claims arising from Lessee's use of the
premises or the conduct of its business and shall indemnify and hold
harmless Lessor against and from any and all claims arising from any
breach or default in the performance of any obligation on Lessee's
part to be performed under the terms of this Lease, or arising from
any act, neglect, fault, or omission of the Lessee, or any of his
agents or employees, and from any and all costs, attorneys' fees,
expenses, and liabilities incurred in and about such claim or any
action or proceeding brought herein; and in case any action or
proceeding be brought against Lessor by reason of any such claim,
Lessee upon notice from Lessor shall defend the same at Lessee's
expense by counsel reasonably satisfactory to Lessor. Lessee, as
material part of the consideration to Lessor, hereby assumes all
-4-
84-507742
risk of damage to property or injury to person(s) in, upon, or about
the premises from any cause whatsoever. Lessee hereby waives on its
behalf all claims in respect thereof against Lessor. This in-
demnification and waiver shall not apply to claims arising from the
negligence or wilful misconduct of Lessor, his agents, employees, or
invitees.
13. All notices given pursuant to this Lease shall be in
writing and hand delivered or mailed certified or registered,
postage prepaid, as follows:
To Lessor: Mary J. Singer
c/o Michael Singer
2602 Newport Boulevard
Newport Beach, California 92663
To Lessee: Ruth Zimmerman
2800 Lafayette
Newport Beach, California 92663
la. In the event Lessee is unable to obtain the necessary
permits for the remodeling of the premises located at 2800 Lafayette,
Newport Beach, California and is unable to purchase the property
because of such inability this Lease shall be of no force and effect.
Lessee, upon receiving notification of such denial and resulted
inability to purchase said premises shall give written notice
thereof to Lessor and, in such event, this Lease shall be of no force
or effect.
-5-
84-507742
IN WITNESS WHEREOF, the Parties hereto have duly executed
this Parking Lease Agreement on the year and day first above written
at Newport Beach, California.
LESSOR
Mary J. er
LESSEE
R4Y Ann Zimmerm
ffm
84-507742
A portion of Lot 10, Subdivision of Block
227, Section "A", Newport Beach, as shown
on a map thereof, recorded in Book 4, Page
36, of Miscellaneous Maps, Records of
Orange County, California, more particu-
larly described as follows:
Beginning at the most northerly corner of
said Lot 10; thence south 27057'27" east
along the northeasterly line of said Lot
10, a distance of 22.98 feet to the be-
ginning of a curve, concave westerly, hav-
ing a radius of 502.00 feet; the point of
intersection of the semi -tangents of said
curve being the intersection of the north-
easterly line of said Lot 10 with the
easterly line of said lot; thence south-
easterly along said curve, through an ang-
le of 10058'31", a distance of 96.16 feet
to a point 28.24 feet, measured at right
angles, from the southwesterly prolonga-
tion of the center line of 28th Street
(formerly 26th Street), calculated 48.48
feet in width, as shown on a map of Section
"A", Newport Beach, recorded in Book 4,
Page 21 of Miscellaneous Maps, records of
said Orange County, a radial line to said
502.00 foot curve, from said point, bears
south 73001104" west; said point being
also on a curve concave northerly, having
a radius of 420.00 foot radius curve
through an angle of 1704413511, a distance
of 130.06 feet to the southwesterly line
of said lot 10; thence north 19042130" west
along said southwesterly line of lot 10, a
distance of 68.59 feet to the westerly
corner of saidlot 10; thence north 6P
02'33" east along the northwesterly line
of said lot 118.56 feet to the point of
beginning.
ry qD.
IT A
COMMISSIONERS a 4 --507742 MINUTES
�November 100 1953 -
X
�m
> ; aCity Of Newport Such
O p C
ROLL CALL
INDEX
Request to convert the former "Corrigan's Seafoods
retail/warehouse building into a travel agency and
marine related office uses in the M-1 District. The
proposal also includes a request to waive a portion of
the required off-street parking spaces, and the
approval of an off-site parking agreement for the
remainder of the required parking spaces. A
modification to the Zoning Code is also requested so as
to allow five compact parking spaces on the off-site
parking lot.
LOCATION: Project Situ Lots 1 and 2, Block 425,
Lancaster's Addition, located at 2800
Lafayette Avenue on the northeasterly
corner of 28th Street and Lafayette
Avenue, in Cannery Village.
Off -Site Parking Site: Lots 27 and 28,
Block 225, Lancaster's Addition, located
at 2800 Villa Way, on the northwesterly
corner of Villa Way and 28th Street, in
Cannery Village.
ZONE: M-1
s�1
Off -Site Parking Site: A portion of Lot
10, Subdivision of Block 227, Section A,
Newport Beach, located at 2807 Newport
Boulevard, on the northwesterly corner
of Newport Boulevard (northbound) and
28th Street.
ZONE: C-1
APPLICANT: Ruth Zimmerman, Newport Beach
OWNERS: Nicholas H. and Jane M. Delaney,
Riverside
Commissioner Person advised the Planning Commission
that he would not be participating or voting upon this
item. 3
-29-
F)k118rT ``8"
Item #4
USE PERMIT
NO. 3063
APPROVED
CONDI-
TIONALLY
COMMISSIONERS
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CNovember 10, 1983
��11
(01t-5
MINUTES
monsoon
The public hearing opened in connection with this item
and Mr. Brion Jeannette, architect, representing the
applicant, appeared before the Commission. Mr.
Jeannette referred to Condition of Approval No. 16 and
asked if the alley could be paved with asphalt rather
than concrete. Mr. Don Webb, City Engineer, stated
that concrete is recommended for 10 foot wide alleys
because of drainage purposes.
In response to a question posed by Commissioner
Balalis, Mr. Webb stated that future improvements to
the area will also be required to construct the alleys
with .concrete.
Mr. Jeannette stated that his calculations indicate
that 36.9% of the uses on the site will be incentive
uses as defined in the Adopted Local Coastal Program,
Land Use Plan, whereas staff calculates that only 34.7%
of the proposed uses are incentive uses. He expressed
his concern with the concept of the retail/marine use
and the definition of the term, "site".
Mr. Jeannette stated that the proposed renovation will
contain approximately 450 square feet less than the
existing building on the site and will provide better
access to the existing commercial fishing operation.
He stated that the proposed renovation will rejuvenate
the Cannery Village area.
Mr. Jeannette stated that it is their belief that
Robert Davis Yacht Sales constitutes a retail/marine
use because the sale of a yacht is marine dependent. He
further stated that the yacht sales operation
contributes towards the incentive uses as defined in
the Local Coastal Program, Land Use Plan.
Mr. Jeannette referred to an exhibit which he had
prepared which depicted the percentage of incentiv(-
uses on the proposed project. He stated that the 40€
should be a function of the net building area or
improvement, rather than a function of the site.
Planning Director Hewicker referred to Page 7 of the
staff report and discussed the definition of the term,
"site". Mr. Jeannette stated that the definition_ of
"site" in the Local Coastal Program, Land Use Plan is
,not clear.
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Planning Director Hewicker stated that this is the
first application which has been submitted to the
Planning Department which has necessitated the staff to
interpret the definition of the percentage of site. He
stated that the 34.7% incentive use as determined by
staff should be adjusted slightly upward as a result of
the requirement by the City for the five foot walkway
to the lateral access on the water. He stated that
staff is in disagreement with Mr. Jeannette relating to
the retail boat sales as an incentive use.
Commissioner Goff referred to Page S of the staff
report and stated that retail marine sales is included
on the list of incentive uses. Commissioner Goff and
Commissioner Winburn questioned why yachts sales are
not included in this category. Planning Director
Hewicker stated that the retail marine sale of a boat
which is made on the premises and the boat is actually
displayed and made for sale on the premises is
acceptable. However, a yacht brokerage is essentially
an office type use, similar to a real estate broker,
where the broker himself does not depend on being
located on the water to conduct the business. He
states] that it is true that the boat may be in the
water, but not necessarily at this location.
In response to a question posed by Commissioner Goff,
Planning Director Hewicker stated that boat rentals and
charters are specifically listed as incentive uses in
the Local Coastal Program, Land Use Plan.
Commissioner Winburn stated that a marine insurance
company located next to a boat charter operation would
probably not be considered -as an incentive use, even
though marine insurance is necessary in order to
charter a boat. Planning. Director Hewicker stated that
the boat charter operation would offer the marine
insurance to the patrons.
Commissioner Balalis stated that it would be possible
for a yacht brokerage to also provide retail marine
sales on the premises with a sailboat or sabot located
in the water for the prospective buyer to inspect.
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Chairman King stated that he chaired the Local Coastal
Program meetings which discussed the interpretation of
the incentive use guidelines. He stated that because
of the expense of waterfront property, not many boat
sale operations are located on the water and not all of
the boats are kept on the site. He stated that the
more that the sale of boats are encouraged to be
.located on the waterfront, active recreational usage of
the waterfront may be discouraged.
Chairman King stated that the intent of the designation
is to encourage the continuation of marine oriented
uses and maintain the marine theme and character. He
stated that if a boat sales operation has the
opportunity to locate its business on or near the water
and can afford to locate the business on the water, he
stated that he would be willing to interpret that the
boat sales operation is related to the incentive use.
Mr. Robert Gabriele, Assistant City Attorney, stated
that the Planning Commission has the authority to
arrive at a reasonable interpretation of the. incentive
uses, so long as it is consistent with the overall
objectives of the City.
Chairman King asked if the yacht brokerage could locate
a boat on the waterfront in front of the proposed
project so that potential buyers could board the
boat on site. Mr. Jeannette stated that the boat could
actually be boarded from the dock at the end of the
bulkhead.
Chairman King suggested that the project could be
conditioned to operate as a marine brokerage with
access to the dock area to bring the vessels to the
business so as to constitute a marine related use. Mr.
Jeannette stated that this would be acceptable and it
is their intent to satisfy the guidelines of the Local
Coastal Program.
Mr. Edward Francis, resident of 2440 E. Walnut in
Orange, California, expressed his concern that the
yacht sales slip may interfere with the four existing
commercial fishing slips. He stated that this area is
designated for commercial fishing purposes.
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In response to a question posed by Chairman King, Mr.
Jeannette stated that because the property is located
at the end of 28th street, an extension of the dock
could allow the access of a fifth boat, without
interfering with the existing four commercial fishing
slips.
In response to a question posed by Commissioner Goff,
Planning Director Hewicker stated that the offsite
parking lot directly across the street is owned by the
applicant. He stated that the E1 Ranchito Restaurant
which currently utilizes the parking lot, is not
conditioned upon utilizing this parking lot. He stated
that the other off-site parking lot which is paved and
fenced, does not appear to be utilized. He stated that
the applicant will provide that the off-site parking
lots are available for their employee and tenant use.
Commissioner Goff asked if the E1 Ranchito Restaurant
would be utilizing the parking lot during the evening
hours when the commercial building is not utilizing the
parking lot. Mr. Jeannette stated that the patrons of
the restaurant are disruptive and the intent of his
client is to protect her interest and not allow
restaurant parking on her site. commissioner Balalis
stated that the owner of the restaurant owns two
properties adjacent to the restaurant, but has chosen
not provide parking, because he is not required to do
SO.
Chairman King stated that perhaps this parking lot
could be made available to beachgoers on the weekend.
Mr. Jeannette stated that this was initially discussed
with staff but that a solution, could not be reached.
Chairman King referred to the Land Use Plan, and stated
that the use of this parking lot being made available
to beachgoers on the weekend, may be* considered as a
visitor serving, marine oriented use.
commissioner Balalis expressed his concern that the
40% incentive uses as a requirement of the project will
be blocked on the weekend by restricting the parking.
He stated that the parking need is present and
suggested that the applicant could hire someone on the
weekends to rent time in the parking lot for the
incentive uses.
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Commissioner Goff stated that parking is a problem in
the area and will be in the future. He stated that a
second level of parking on the lot should be
encouraged in the future, not necessarily at the
applicant's expense.
Planning Director Hewicker stated that perhaps the
parking lot could be made available for weekend users
on a pay basis. He stated that there may be enough
income generated from the use of the lot to pay for the
added insurance and responsibility of managing the
parking lot. Mr. Jeannette expressed his concern with
maintaining and policing the public use of the private
parking lot. He further stated that at this particular
time, they are not ready to make the decision
pertaining to the public use of the parking lot.
Commissioner Balalis stated that the parking lot is
private property and that the proposed use should not
be conditioned on providing parking to the public. He
stated that the Commission can encourage the applicant
to make the parking lot available to the public on a
profit basis. Chairman King concurred.
Commissioner Winburn stated that*she concurs with the
staff's definition of the term, "site". She stated
that with the addition of Robert Davis Yacht Sales as
an incentive use, the 40% incentive use requirement is
easily met.
In response to a question posed by Commissioner
Winburn, Mr. Gabriele suggested that a finding be
included which establishes the "site" definition in
this particular application.
Planning Director Hewicker suggested that the
additional finding be worded as follows: That in this
particular application, the definition of the ter;
"site" as suggested by staff is appropriate.
Furthermore, the addition of the area utilized by
Robert. Davis Yacht Sales as an incentive use is
appropriate, in this particular case.
Commissioner Goff suggested that perhaps a continuance
of this item would helpful to establish the incentive.
use guidelines and resolve: the questions which were
raised regarding the parking usage.
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Commissioner Balalis stated that the guidelines for
incentive uses were discussed in several different
committees over a period of three years. He stated
a continuance of this item would not resolve the
guidelines for incentive uses or the parking .issue. He
stated that by approving this application, progress may
be achieved in that other businesses in the area and
the El Ranchito Restaurant may become motivated -to
develop their own parking lots.
Chairman Xing stated that sections of the Local Coastal
Program, Land Use Plan were written purposely with
vague generalities so that each application could be
approached on a ease by case basis.
Commissioner Goff stated that the guidelines should be
established before any of the applications are
approved. He stated that it is futile to reinvent the
wheel each time a new application is submitted. ,Mr.
Gabriele stated that approving the request as proposed
will act as a guideline for potential applicants and
the staff. Commissioner Goff stated that he is not
prepared to establish a guideline at tonight's meeting.
Commissioner Goff further stated that if this item were
to be continued, issues such as landscaping and
sidewalk textures could also be addressed.
Commissioner salali.s concurred with Commissioner Goff
in that he is not prepared to establish guidelines at
tonight's meeting. However, he stated that in this
particular application, the discretion of the Planning
Commission is reasonable.
In response to a question posed by Commissioner.
Winburn, Planning Director Hewicker suggested a finding
that there will be a boat provided for the boat sales
facility on the site for propective purchasers to board
the vessel. By providing this, it becomes part of the
incentive use.
Motion was made for approval of Use Permit No. 3053,
subject to the findings and conditions of Exhibit "A",
including the definition of "site" as proposed by staff
for this particular application and the additional
findings as proposed by staff relating to the incentive
use and the provision for a boat located on the site.
These findings to be one time findings relating to this
.particular application.
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ROLL CALL
Substitute
Motion X Substitute Motion was made to continue this item to the
Ayes X Planning Commission Meeting of. December 8, 1983, for
Noes X XX X the reasons cited eariler by Commissioner Goff, which
Abstain ix SUBSTITUTE MOTION FAILED.
Ayes X X X X X X Commissioner Winburn's original motion for approval of
X Use Permit No. 3063, was now voted on as follows, which
4 MOTION CARRIED:
FINDINGS:
I. That the proposed use, as conditioned, is
consistent with the band Use Element of the
General Playa and the Adopted Local Coastal
Program, Land Use plan)o and i2, compatible with
surrounding land uses.
2. The project is categorically exempt from the
requirements of the California Environmental
Quality Act.
3. Adequate off-street parking spaces are being
provided in conjunction with the proposed
development.
4. The off-street parking spaces for the proposed
development on separate lots from the building
site are justifiable for the following reasons:
I
a. The off-site lots will be easily accessible.
b. The proposed development will not create
undue traffic hazards in the area.
C. One of the off-site parking lots will be
owned by the applicant, and the second
off-site parking lot has a long term lease
agreement for the required spaces.
5. The approval ofr Use Permit Noo 3063 will not,
under the circumstances of this case be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persoa-as residing
and working in the neighborhood or b(E� detrimental
or injurious to property or improver,.jents in the
neighborhood or the general welfare of the City.
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6. That in this particular application, the
definition of the term "site" as suggested by
staff is'appropriate. Furthermore, the addition
of the area utilized by Robert Davis. Yacht Sales
as an incentive use is appropriate in this
particular case. This finding to be a one time
finding relating to this particular application:
7. That by providing a boat for the boat sales
facility on the site for prospective purchasers to
board the vessel, it becomes part of the incentive
Seo Thiofinding to be a one time finding
relating to this particular application.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans and elevations, except as may be noted
below.
2. That off-site parking agreements with the form and
content approved by the City Attorney shall be
approved by the City Council, guaranteeing that a
minimum of 14 parking spaces shall be provided on
Lot 27 and a portion of Lot 28, Block 225,
Lancaster's Addition, and that a minimum of 10
parking spaces shall be provided on a portion of
Lot 10,. Subdivision of Block 227, Section A,
Newport Beach, for the duration of the use on the
subject property.
3. Both off-site parking locations shall be striped
in a manner approved by the City Traffic Engineer
prior to the issuance of an occupancy permit for
the remodeled building.
4. That employees of the businesses occupying the
subject property shall use the off-site parking
lots at all times.
S. That a portion of the parking spaces on the
off-site parking lot located at the northwesterly
corner of 28th Street and Lafayette Avenue, shall
be designated "for customer use only" in
conjunction with the proposed development. Said
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number of spaces shall be determined by the
Planning Department after the building is
remodeled and occupied.
6. That a minimum of 408 of the uses on the site
shall be incentive uses as defined in the Adopted
Local Coastal Program, Land Use Plan.
7. That if 408 of the total uses on the site is not
occupied by an acceptable incentive use, no new
tenant may occupy space in the building until such
time as evidence is presented indicating that the
408 standard has been met.
8. That the owner of the property is required to
notify the Planning Director of the City of
Newport Beach upon any change in tenancy which
would affect the incentive uses and shall provide
copies of all documents requested by the Planning
Department or the City in conjunction with that
change in tenancy.
9. That parcel maps be processed and recorded for the
subject property and the off-site parking lot
located at the northwesterly corner of Villa Way
and 28th Street, prior to issuance of any building
permits.
10. That all improvements be constructed as required
by Ordinance and the Public Works Department.
11. That a condition survey of the existing bulkhead
along the Bay side of the property be made by a
civil or structural engineer; and that the
bulkhead be repaired, if necessary, in conformance
with the recommendations of the condition survey,
and to the satisfaction of the Building Department
and the Marine Department. In addition, the top
of the bulkhead shall be raised to an elevation of
t9.0 MLLW.
12. That a five foot wide easement be granted to the
City for unobstructed public access across the Bay
side of the parcel adjacent to the Rhine Channel.
The easement shall be improved and connected to
the 28th Street end in a manner approved by the
Public Works Department.
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13. That the curb return on the northeasterly corner
of Lafayette Avenue and 28th Street be
reconstructed, providing a curb access ramp.
14. That a two foot p.c.co gutter be constructed
adjacent to the existing curb along the Lafayette
Avenue and 28th Street frontages. The grades for
the gutter construction shall be provided to the
Public Works Department for review. That the
existing drive apron on 28th Street be removed and
replaced with curb, gutter and sidewalk.
15. That a standard agreement and accompanying surety
be provided to guarantee the satisfactory
completion of public improvements if it is desired
to obtain a Building Permit before the public
improvements are completed.
16. That full width concrete alley pavement be
constructed in the alley parallel to Newport
Boulevard,. extending from 28th Street to the
northerly line of Lot 27, Block 225, Lancaster's
Addition.
17. That a fifteen foot radius corner cutoff at the
southwesterly corner of Villa Way and 28th Street
be dedicated to the public.
18. That the height of the building shall be revised,
so that the structure does not exceed the
permitted height of 26 feet, measured from
existing grade.
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714 ){,46 -2-2HH 644 -3005
November 29, 1984
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
Enclosed for recordation is Off -Site Parking Agreement, between
the City of Newport Beach and Mary J. Singer as the Owner and
Ruth Ann Zimmerman as the Lessee.
Said Agreement was executed on November 28, 1984.
Please record and return to us.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Enclosure: Agreement and Exhibit A and Exhibit B
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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MEMORANDUM
OFFICE OF THE CITY ATTORNEY
November 28, 1984
To: Honorable Mayor Maurer
From: Robert H. Burnham — City Attorney
Re: Off —site Parking Agreement
Please sign the attached City Council approved Off —Site
Parking Agreement and forward to the City Clerk for
recordation. Thank you. . o�
Robert H. Burnham
RHB /dt
MMP /MAYOR