HomeMy WebLinkAboutC-2551 - Off-Site Parking Modification No 904 (amended) at 2600 - 2712 West Coast Highway• TO:
FROM:
City Council
City Council Meeting November 25, 1985
Agenda item No
CITY OF NEWPORT BEACH
Planning Department
SUBJECT: Off -Site Parking Agreement C - Z,j l
F -3(c)
OY THE CITY COUNCIL
CITY Of NE`r`PORT BEACH
Request to accept and approve an amended
agreement for the additional parking space
junction with MODIFICATION NO. 904* (AMENDED)
construction of a ground floor addition to
existing commercial building within the Mari
cial Center.
NOV 2 51935
off -site parking
required in con -
which allowed the
a portion of the
ners' Mile Commer-
LOCATION: Parcels No. 1 and 2 of Parcel Map 73 -22, 23 (Resubdivision No.
487), located at 2600 -2740 West Coast Highway, on the northwest-
erly corner of West Coast Highway and Tustin Avenue, in
Mariners' Mile.
0
SP -5
Mariners Mile Company
Same as applicant
This is a request for the acceptance and approval of an amended off -site
parking agreement for the additional parking space required in conjunction with
a small 124± sq.ft. addition to a portion of the existing commercial building
within the Mariners' Mile Commercial Center. In accordance with Section
20.30.035, B. 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 surround-
ing area.
c) Such lot and the building site are in the same ownership, or the owners of
the building sites have a common ownership in such lot, and the owner or
owners are entitled to the immediate possession and use thereof (ownership
of the off -site lot must be ownership in fee or a leasehold interest of a
duration adequate to serve all proposed uses on the building site or
sites).
ZONE:
•
APPLICANT:
OWNER:
Application
0
SP -5
Mariners Mile Company
Same as applicant
This is a request for the acceptance and approval of an amended off -site
parking agreement for the additional parking space required in conjunction with
a small 124± sq.ft. addition to a portion of the existing commercial building
within the Mariners' Mile Commercial Center. In accordance with Section
20.30.035, B. 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 surround-
ing area.
c) Such lot and the building site are in the same ownership, or the owners of
the building sites have a common ownership in such lot, and the owner or
owners are entitled to the immediate possession and use thereof (ownership
of the off -site lot must be ownership in fee or a leasehold interest of a
duration adequate to serve all proposed uses on the building site or
sites).
TO: City Council - 2. 0
d) The owner or owners and the City, upon the approval of the City Council,
execute a written instrument or instruments, approved as to form and
• content by the City Attorney, providing for the maintenance of the
required off - street parking on such lot for the duration of the proposed
use or uses on the building site or sites. Should a change in use or
additional use be proposed, the off - street parking shall be recorded in
the Office of the County Recorder and copies thereof filed with the
Planning Department.
Suggested Action
If desired, authorize the Mayor and the City Clerk to execute an off -site
parking agreement with the Mariners' Mile Company, which owns both the off -site
parking location and the building site.
Background
At its meeting of October 24, 1985, the Planning Commission approved Modifica-
tion No. 904 (Amended), which permitted the construction of a 124± sq.ft.
addition to the southeasterly corner of the existing commercial building in the
Mariners' Mile Commercial Center. The new floor area of the building will be
used for additional retail display area in conjunction with the Newport Ski
Company facility. Condition of Approval No. 4 of Modification No. 904
• (Amended) provides that the City Council shall approve an amended off -site
parking agreement inasmuch as the number of required off - street parking spaces
to be provided in the off -site location has increased from 122 to 123 spaces.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by,,
1W.. WILLIAM WARD
Senior Planner
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CC15
• Attachments for City Council Only:
Excerpts of the Planning Commission Minutes dated October 24, 1985
Vicinity Map
COAVAISSI NERS
�L CALL
4( :. r 24, 1985
City of Newport Beach
sq.ft. of "net public area" shall be provided for
the subject restaurant.
4.That a minimum of 16 off-site parking spaces shall
e provided on property described as Parcel No. 1
\shal
ap 83-705, located at 1500 Dove Street and
cArthur Boulevard. Said parking spaces
provaded for the duration of the restau-
se of the courtyard dining area.
MINUTES
5. That the a licant shall record a covenant against
the proper comprising the approved off-site
parking loca\interimperiod
the form and content of which is
acceptable e City Attorney, binding the
applicant as successors in interest in
perpetuity, vide a minimum of 16 parking
spaces for tsub t restaurant. This covenant
shall continef. ct until such time as the
restaurant dtinue the use of the courtyard
dining areauitable replacement parking is
provided at ation ac table to the Planning
Commission.ver, if su off-site parking is
lost for aerim period only, due to new
constructionte, suitable terim parking may
be approved e City Traffic E ineer.
6. That the restaurant employees shallequired to
use the 16 off-site parking spaces.
7. That the Planning Commission may add tomodify
conditions of approval to this use per t, or
recommend to the City Council the revocati of
this use permit, upon a determination that he
operation which is the subject of this use permi
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
Modification No. 904 (Amended) (Public Hearing)
Request to amend a previously approved modification
application which permitted the construction of buil-
dings that encroach to within 5 feet of a rear property
line, and related off-street parking and landscape
planter areas that encroach to the rear property lines
on both sides of an existing 30 foot wide alley (where
the Ordinance requires a minimum 10 foot rear yard
-3-
EX1413-1T 1.1A„
INDEX
Item No.2
Mod.No.904
T-- —A )
Approved
Condition-
ally
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�L CALL
4( :. r 24, 1985
City of Newport Beach
sq.ft. of "net public area" shall be provided for
the subject restaurant.
4.That a minimum of 16 off-site parking spaces shall
e provided on property described as Parcel No. 1
\shal
ap 83-705, located at 1500 Dove Street and
cArthur Boulevard. Said parking spaces
provaded for the duration of the restau-
se of the courtyard dining area.
MINUTES
5. That the a licant shall record a covenant against
the proper comprising the approved off-site
parking loca\interimperiod
the form and content of which is
acceptable e City Attorney, binding the
applicant as successors in interest in
perpetuity, vide a minimum of 16 parking
spaces for tsub t restaurant. This covenant
shall continef. ct until such time as the
restaurant dtinue the use of the courtyard
dining areauitable replacement parking is
provided at ation ac table to the Planning
Commission.ver, if su off-site parking is
lost for aerim period only, due to new
constructionte, suitable terim parking may
be approved e City Traffic E ineer.
6. That the restaurant employees shallequired to
use the 16 off-site parking spaces.
7. That the Planning Commission may add tomodify
conditions of approval to this use per t, or
recommend to the City Council the revocati of
this use permit, upon a determination that he
operation which is the subject of this use permi
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
Modification No. 904 (Amended) (Public Hearing)
Request to amend a previously approved modification
application which permitted the construction of buil-
dings that encroach to within 5 feet of a rear property
line, and related off-street parking and landscape
planter areas that encroach to the rear property lines
on both sides of an existing 30 foot wide alley (where
the Ordinance requires a minimum 10 foot rear yard
-3-
EX1413-1T 1.1A„
INDEX
Item No.2
Mod.No.904
T-- —A )
Approved
Condition-
ally
COMMISSIONERS" er 24, 1985
MINUTES
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L CALL
INDEX
setback in a commercial district when abutting an
alley). The proposed amendment includes a request to
construct a 124± sq.ft. addition to the front of an
existing building which will be used for an additional
retail display area within the Newport Ski Company
facility. Said display area was not part of the
original modification application. The proposal also
includes a further modification to the Zoning Code so
as to allow the use of compact size parking spaces for
a portion of the required off-street parking.
LOCATION: Parcels No. 1 and 2 of Parcel Map
73-22, 2.3 (Resubdivision No. 487),
located at 2600-2740 West Coast Highway,
on the northwesterly corner of West
Coast Highway and Tustin Avenue, in
Mariner's Mile.
ZONE: SP -5
{
APPLICANT: Newport Ski Company, Newport Beach
OWNER: Mariners Mile Company, Newport Beach
William Laycock, Current Planning Administrator,
advised that after reviewing the compact parking spaces
on the plot plan, staff is recommending that the 7 feet
3 inch wide compact parking spaces be increased in
width to 7 feet 6 inches so as to conform with the
Municipal Code. Mr. Laycock explained that to create
parking spaces that are wide enough to meet the
Municipal Code, two additional standard size parking
spaces will have to be utilized to create two
additional compact parking spaces; therefore, instead
of seven compact parking spaces, there will be nine
compact parking spaces and eight standard size parking
spaces would be eliminated. Mr. Laycock requested that
Finding No. 3 be modified to read that "the proposed
number of compact car spaces constitutes 6.8 percent of
the parking requirement" instead of "5.5 percent of the
parking requirement"; and that Condition No. 9 be
added: "that the off-site parking lot shall be
restriped so that eight standard size parking spaces
shall be converted to nine compact spaces with minimum
widths of 7 feet 6 inches". In response to a question
posed by Commissioner Turner in reference to Condition
No. 2 of the original Modification dated June 5, 1975,
Mr. Laycock advised that the subject Modification will
not encroach into the required 5 foot front yard
setback on West Coast Highway.
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C0MMISSIUNERSI tt !r 24, 1985
rll CAEI
Afifta..wMM
Motion
Ayes
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Of
rt Beach
The public hearing was opened in connection with this
item, and Mr. Jeff Jones, 3012 Cliff Drive, appeared
before the Planning Commission on behalf of the
applicant, stating that the applicant concurs with the
findings and conditions of approval in Exhibit "A". In
response to a question posed by Commissioner Winburn
regarding the previously approved Modification No. 904,
James Hewicker, Planning Director, commented that the
applicant shall only be responsible for previous
conditions of approval that are applicable to the
applicant.
The public hearing was closed at this time.
Motion was made
(Amended) subject
approval in Exhibit
3 and the addition
on, MOTION CARRIED.
FINDINGS:
to approve Modification No. 904
to the findings and conditions of
"A", including amended Finding No.
of Condition No. 9. Motion voted
I. That the proposed development is consistent with
the General Plan and the adopted Local Coastal
Program, Land use Plan, and is compatible with
surrounding land uses.
2. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
3. The proposed number of compact car spaces consti-
tutes 6.8 percent of the parking requirement which
is within limits generally accepted by the Plan-
ning Commission relative to previous similar
applications.
4. The approval of Modification No. 904 (Amended)
will not, under the circumstances of this particu-
lar case be detrimental to the health, safety,
peace, 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, and further that
the proposed modification to allow the use of
compact size parking spaces is consistent with the
legislative intent of Title 20 of the Municipal
Code.
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MINUTES
INDEX
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The public hearing was opened in connection with this
item, and Mr. Jeff Jones, 3012 Cliff Drive, appeared
before the Planning Commission on behalf of the
applicant, stating that the applicant concurs with the
findings and conditions of approval in Exhibit "A". In
response to a question posed by Commissioner Winburn
regarding the previously approved Modification No. 904,
James Hewicker, Planning Director, commented that the
applicant shall only be responsible for previous
conditions of approval that are applicable to the
applicant.
The public hearing was closed at this time.
Motion was made
(Amended) subject
approval in Exhibit
3 and the addition
on, MOTION CARRIED.
FINDINGS:
to approve Modification No. 904
to the findings and conditions of
"A", including amended Finding No.
of Condition No. 9. Motion voted
I. That the proposed development is consistent with
the General Plan and the adopted Local Coastal
Program, Land use Plan, and is compatible with
surrounding land uses.
2. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
3. The proposed number of compact car spaces consti-
tutes 6.8 percent of the parking requirement which
is within limits generally accepted by the Plan-
ning Commission relative to previous similar
applications.
4. The approval of Modification No. 904 (Amended)
will not, under the circumstances of this particu-
lar case be detrimental to the health, safety,
peace, 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, and further that
the proposed modification to allow the use of
compact size parking spaces is consistent with the
legislative intent of Title 20 of the Municipal
Code.
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MINUTES
INDEX
COMMISSIONERS
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�LL CALL
.)ber 24, 1985
ty of Newport Beach
rmmnTTThMe .
1. That the proposed construction shall be in sub-
stantial conformance with the approved plans
except as noted below.
2. That all previous applicable conditions of ap-
proval for Modification No. 904 shall be
fulfilled.
3. That prior to the issuance of building permits,
the applicant shall discontinue the display of all
sail boards and related equipment within the
landscape areas on the subject property and within
the public right of way. This condition shall not
preclude the display of said boards elsewhere on
the site.
4. That prior to the issuance of building permits for
the proposed construction the City Council shall
approve an amended off-site parking agreement
providing 123 parking spaces on Parcel No. 2 of
Parcel Map No. 73-22-23.
5. That all improvements be constructed as required
by ordinance and the Public works Department.
6. That the on-site parking, vehicular circulation
and pedestrian .circulation systems be subject to
further review by the Traffic Engineer.
7. That the eave line be redesigned so that it does
not encroach into the public right of way.
8. This modification shall expire unless exercised
within 24 months from the date of approval. as
specified in Section 20.81.090 A, of the Newport
Beach Municipal Code.
9. That the off-site parking lot shall be restriped-
so that eight standard size parking spacefi "be
converted to nine compact parking with minimum
widths of 7 feet 6 inches.
Ma
MINUTES
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• DISTRICTING MAP
NEWPORT BEACH — CALIFORNIA
R —A AGRICULTURAL RESIDENTIAL
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MULTIPLE RESIDENT
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SINGLE FAMLY RESIDENTIAL LIGHT COMMERCIAL
DUPLEX RESIDENTIAL GENERAL COMMERIAL
SCALE FEET RtlTV MLTIPLE MWLY RESIDENTIAL MANUWTURING
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LIMITED COMMERCIAL
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CITY 0
NEWPORT BEACH,
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CALIF. 9
(/M
NOV CITY201986°'
ECEIVED 71QCIFCITY ciFRK
and
am riwn 86-54684
WMMM ME 610 C - /
RECORDED IN OFFICIAL RECORDS
IE ORANGE COUNTY. CALIFORNIA
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
.11� PM NOV 3'86
COUNTY
6�i RECORDER
NO COMME1�T101� � c 4�
Space Above This Line for Recorder's Use Only
OFF-SITE PARKING AGREEMENT
MARINER'S MILE COMPANY
2600-2712 West Coast Highway
THIS AGREEMENT, made and entered into this �� day of
197 ""' , by and between
CITY OF NEWPORT BEACH, a municipal
corporation and charter City,
hereinafter referred to as "City,"
Mariner's Mile Company,
hereinafter referred to as
"Owner,"
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 2600 - 2712 West
Coast Highway, in the City of Newport Beach, County of Orange, State of
California, which real property is more particularly described as:
Parcels No. 1 and 2 of Parcel Map 73-22, 23 as recorded in Parcel
Map Book 73, Pages 22 and 23 of the Records of the County Recorder
of the County of Orange, State of California,
hereinafter referred to as "the property"; and
-1-
II. Owner operates on property located at 2600 - 2712 West Coast
Highway, an office -retail complex known as Mariner's Mile Square.
Provisions of the Newport Beach Municipal Code require persons conducting
a commercial use, to provide parking spaces for their employees and
customers; and
III. Owner has applied to City for Modification No. 904
(Amended), has done so because Owner proposes to expand the retail portion
of the building located on Parcel No. 1, Parcel Map 73-22, 23, and the
changes proposed by Owner are such that an additional parking space must
be provided by Owner on Parcel No. 2, Parcel Map 73-22, 23; and
IV. The Planning Commission of the City of Newport Beach, in
conjunction with its consideration of Modification No. 904 (Amended),
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(D) of the Newport Beach Municipal Code were satisfied;
and
V. The City Council of the City of Newport Beach considered 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. For so long as Owner keeps, maintains and operates the
contemplated building and improvements on Parcel 1, Parcel Map 73-22, 23,
Owner will maintain not less than 123 off-street automobile parking spaces
on Parcel 2, Parcel Map 73-22, 23.
-2-
•• fill' ���
2. In the event the use of the parking spaces on Parcel 2,
Parcel Map 73-22,23 should terminate or be lost to Owner for any reason
other than through eminent domain, Owner agrees to do the followings
a. Alter the characteristics of, or reduce the capacity
of, the office -retail complex located at 2600 - 2712 West Coast Highway,
such that the automobile parking spaces available to, and under the
control of Owner, are 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 Owner on Parcel 2,
Parcel Map 73-22,23 are no longer available; and
C. Prior to resuming business in the manner authorized
prior to the loss of the parking spaces, Owner shall submit to the
Planning Director of the City of Newport Beach a new or amended Off -Site
Parking Agreement, giving Owner the use of at least 123 off-street parking
spaces required by this agreement and shall further obtain such
recommendations and approvals of such agreement, by the Planning
Commission and City Council of. the City of Newport Beach, as required by
the Charter of the City of Newport Beach and the Newport Beach Municipal
Code.
3. Owner shall fully perform all of the conditions of approval
imposed by the Planning Commission of the City of Newport Beach in
conjunction with the approval of Modification No. 904 (Amended). The
minutes of the Planning Commission reflecting the conditions imposed are
attached hereto, marked Exhibit "A", and are incorporated herein by
reference.
-3-
4. This Agreement shall run with the property, shall bind the
heirs, successors -in -interest, transferees, vendees, and/or assignees of
the parties hereto, and shall be recorded in the Office of the County
Recorder of the County of Orange.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first above written.
ATTEST:
e,� 7 -e -r,
City Clerk
PC/GENT
CITY OF NEWPORT BEACH
Mariner's Mile Company
Alfred V. Jorgen�so ,Y
71
Nedrick Roland McCune
-4-
86-524684
STATE OF CAL 1 EORN I A )
ss.
COUNTY OF ORANGE )
On this % day of% , in the year
before me, ifie undersigned, a�totary Public in and
for said S_t�ate, pesona ly app aced
and 71(
personally known to me or proved to me ovn the basis of
satisfactory evidence) to be the person/s whose name/s bo/are
subscribed to this instrument, and acknowledged that h*.4wfte/they
executed it.
— OFFICIAL SEAL
WITNESS my hand and o f f i c i a l seal. KATHY E. BURLINGAME
NOTARY PUSLIC • CALIFORNIA
r PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. June 8 198
e a o n a r y
Notary ublic in an for said State
STATE OF CALIFORNIA )
sso
COUNTY OF ORANGE )
On this day of , in the year
, before me, the undersigned, a Notary Public in and
for said State, personally appeared
and ,
personally known to me (orprovedto me on the 'basis of
satisfactory evidence) to be the person/s whose name/s is/are
subscribed to this instFaument, and acknowledged that he/she/they
executed it.
WITNESS my hand and official seal.
�SeaR of Notary)
Notary Public in and for said St*tp
STATE OF CALIFORNIA )
) sso
COUNTY OF ORANGE
On this day of , in the year
before meg the undersigned, a Notary Public in and
for said State, personally appeared
and
personally known to meteor proved to me on the basis of
satisfactory evidence) to be the person/s whose name/s is/are
subscribed to this instrument, and acknowledged that he/she/they
executed it.
WITNESS my hand and official seal®
(Seal of Notary)
Notary Public in and for said State
STATE OF CALIFORNIA
COUNTY OF ORANGE
•
(City of Newport Beach)
ss.
On this day of , 1986, before
me, the undersigned, a Notary Public in and for said State,
personally appeared PHILIP MAURER, known to me to be the Mayor of
the City of Newport Beach, and WANDA RAGGIO, 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 executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY L. PALEN t
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN J,>
ORANGE C011N"� 174
Notary Public 1n and or said State
My Commiuion Ezp. Apr. 5, 1889 1 1
(SEAL)
CITAOF NEWPORT AACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
October 29, 1986
County Recorder's Office
P.O. Box 238
Santa Ana, California 92702
(714) 644 -3005
Enclosed is the following docmmt for recordation and return
to the above -named office:
OFF -SITE PARKING AGREEMENT, between the City of Newport Beach
and Mariner's Mile Company (2600 -2712 West Coast Highway, Newport
Beach).
Sincerely,
Wanda E. Raggio
City Clerk
3300 Newport Boulevard, Newport Beach