HomeMy WebLinkAboutC-2648 - Off-Site Parking, Use Permit 1758(A)City Council Meeting May 11, 1987 � °_ 2- �
Agenda Item No. F -12
• CITY OF NEWPORT BEACH BY TIE CITY COUNCIL
CITY OT € IMPORT BEACH
TO: City Council MAY 11 f918%
FROM: Planning Department APPROVED
SUBJECT: Off -Site Parking Agreement
Request to accept an off -site parking agreement for a portion of
the required parking in conjunction with Use Permit No. 1758
(Amended), which permits the operation of a private club
previously known as the "Tiffany's Astrological Club" with
on -sale alcoholic beverages and dancing, on property located in
the C -1 -H District.
LOCATION: Parcel No. 1 of Parcel Map 60 -43 (Resubdivision No. 433), (pri-
vate club site), located at 3388 Via Lido, on the northeasterly
side of Via Lido between Via Oporto and Via Malaga, adjacent to
Lido Marina Village; and Lot 4, Tract No. 907 (off -site parking
site), located at 3355 Via Lido in the Lido Building parking
lot.
ZONE: ZONE: C -1 -H
APPLICANT: Joseph P. Blanchfield, Newport Beach
OWNER: Traweek Investment Fund #12, Ltd., Marina del Rey
Application
This is a request to approve an off -site parking agreement for a portion of the
required parking spaces in conjunction with the continued operation of a
private club previously known as the "Tiffany's Astrological Club" with on -sale
alcoholic beverages and dancing.
As outlined in Section 20.63.045B of the Municipal Code, the Planning Commis-
sion shall not recommend and the City Council shall not approve off - street
parking on a separate lot from the building site or sites unless:
1. Such lot is so located as to be useful in connection with the pro-
posed use or uses on the building site or sites.
• 2. Parking on such lot will not create undue traffic hazards in the
surrounding area.
3. 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 Coil - 2. •
4, 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
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, authorize the Mayor and City Clerk to execute an off -site parking
agreement with Joseph P. Blanchfield (private club operator) and Lido Building
Ltd. (off -site parking site).
Background
At its meeting of June 19, 1986, the Planning Commission voted (5 Ayes, 2 Noes)
to recommend the approval of Use Permit No. 1758 (Amended) and related off -site
parking agreement. Said action was subject to the Findings and Conditions set
forth in the attached excerpt of the Planning Commission minutes dated June 19,
1986.
• At its meeting of July 28, 1986 the City Council reviewed and approved Use
Permit No. 1756 (Amended) and the related off -site parking agreement. Said
action was subject to the Findings and Conditions as recommended by the
Planning Commission. Attached for the City Council's information is an excerpt
of the Council minutes dated July 28, 1986.
The previous applicant, which was Tiffany's Astrological Club, Inc., is no
longer operating the private club. Therefore the new club operator (Mr. Joseph
Blanchfield) who has entered into his own parking agreement with Lido Building
Ltd., is requesting City Council approval of a new off -site parking agreement.
It should be noted that the off -site parking proposal being considered is
identical to that which was approved in conjunction with Tiffany's.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
b ' oww -
is W.-AILLIAM WARD I WWW /kk
Senior Planner CC21
Attachments for City Council Only:
Vicinity Map
Excerpt of Planning Commission Minutes dated June 19, 1986
Excerpt of City Council Minutes dated July 28, 1986
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Use Permit No. 3205 (Continued Public Hearing) Iltem No.
Request to establish a restaurant with on -sale beer and Up3205 f
wine on the Fun Zone property in the C -1 District, and
o waive a portion of the required off -street parking Continued
s ces. to 7 -24 -86
LOCATI Parcel 1 of Parcel Map 82 -706
(Resubdivision No. 724), located at 600
Edgewater Place, bounded by East Bay .
nue, Washington Street, Palm Street,
an ewport Bay, in Central Balboa.
ZONE: C -1
APPLICANT: Milano's Pizza
Newport Beach
OWNER: Balboa Fun Zone,
Motion was made to continue
Milano's Pizza Restaurant, Ba
Planning Commission meeting of
voted on, MOTION CARRIED.
�staurant Balboa, Inc.,
Ltd., wport Beach
Use Permi o. 3205,
lboa Fun Zone; to the
July 24, 1986. tion
7 1
Use Permit No. 1758 (Amended)(Continued Public Hearing) JUP1758A
Request to amend a previously approved use permit which
permitted the establishment of the private club known
as "Tiffany's Astrological Club" with on -sale alcoholic
beverages, live entertainment, and dancing. The
proposed amendment includes a request to approve an
off -site parking agreement so as to allow a portion of
the required off- street parking to be located in the
parking lot of the Lido Building located at 3355 Via
Lido. The proposal also includes a modification to the
Zoning Code to use tandem parking for a portion of the
on -site parking spaces and the use of a full time valet
parking service.
LOCATION: Parcel No. 1 of Parcel Map 60 -43
(Resubdivision No. 433), (private club
site) located at 3388 Via Lido, on the
northeasterly side of Via Lido between
Via Oporto and Via Malaga, adjacent to
Lido Marina Village, and Lot 4, Tract
No. 907 (off -site parking site), located
at 3355 Via Lido in the Lido Building
parking lot.
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COMMISSIONERS • • MINUTES
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June 19, 1986
City of Newport Beach
MW CALL
INDEX
ZONE: C -1
APPLICANT: Tiffany's Astrological Club, Newport
Beach
OWNER: Traweek Investment Fund #12, Ltd.,
Marina del Rey
The public hearing was opened in connection with this
item, and Mr. Edward Martinez, 505 Windsor Place,
Laguna Beach, President of Tiffany's Club, appeared
before the Planning Commission. Mr. Martinez commented
that Tiffany's Club has been operating for 11 years;
that there was an off -site parking agreement between
Don Koll and Imperial Savings & Loan for Tiffany's Club
that was revoked in October, 1985; that the on -site
parking lot has been redesigned so as to provide 26
•
parking spaces, but that staff has approved only 23 of
those 26 parking spaces; that Tiffany's Club has a
lease agreement with the Lido Building to use 9 parking
C
spaces between 9:00 p.m. and 11:00 p.m., and that
between 11:00 p.m. and 2:00 a.m. Tiffany's Club would
be permitted 60 parking spaces; and that there are 1600
members who want to continue their membership at the
Club.
In response to a question posed by Commissioner
Koppelman regarding the daily log maintained by
Tiffany's Club, Mr. Martinez replied that the
numbers reflect how many members are in the Club at
that hour. Mr. Martinez commented that the tally is
maintained by an employee at the front desk so as to
remain within the Fire Code requirements.
In response to a question posed by Commissioner
winburn, Mr. Martinez explained that when Tiffany's
Club first opened, the valets drove the customers'
automobiles to the off -site parking lot of Imperial
Savings and Loan located at 32nd Street and Via Oporto;
•
however, because the 32nd Street parking lot was a
distance from Tiffany's Club, they leased parking
spaces behind the Lido Building.
Chairman Person asked staff if there had been any
complaints regarding the operation of Tiffany's Club
from the adjacent residents. Mr. Hewicker replied that
I
he was not aware that any complaints had been reported.
Mitchell Sussman, a partner in Tiffany's Club and an
attorney whose office is across from the subject site,
appeared before the Planning Commission. Mr. Sussman
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COMMISSIONERS
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MINUTES
June 19, 1986
101 $1
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noted the numerous sources that the applicant contacted
to locate the required off -site parking spaces; that
the parking spaces available at the Lido Building are
the best solution; that the pedestrian - vehicle
accidents on Via Lido have been in the crosswalk
adjacent to Hughes Market; that Tiffany's Club has had
a clean record for 11 years; that the applicant would
cooperate with staff, if staff recommended the
installation of a stop sign at the intersection of Via
Lido and via Oporto; and that Tiffany's Club has not
previously created traffic and parking congestion.
The public hearing was closed at this time.
Commissioner Turner commented that the applicant has
been a victim of circumstances because of the
cancellation clause in the off -site parking agreement,
and that the applicant is trying to correct a situation
•
as a result of the cancellation. Commissioner Turner
referred to the recent California Beach Restaurant's
conditions of approval as set forth by the Planning
Commission, and he said that because of those
conditions it is difficult to turn around and approve
the same off -site parking lot for another operation.
He further commented that the peak attendance at
Tiffany's Club will be 11:00 p.m. when the California
Beach Restaurant customers will be vacating the
Motion
x
premises. Motion was made to deny Use Permit No. 1758
(Amended) and the Off -Site Parking Agreement subject to
the findings for denial in Exhibit "A ".
Commissioner Koppelman commented on the convenience of
the Lido Building parking lot as compared to the 32nd
Street parking lot for Tiffany's Club. she recollected
that the California Beach Restaurant requested valet
parking in front of the restaurant on Via Lido; that
customers were waiting on the sidewalk to enter the
California Beach Restaurant adjacent to a residential
area; and the amplified music, were the primary reasons
•
she objected to the extension of the California Beach
Restaurant's hours of operation. Commissioner
Koppelman said that access to the parking lot is not
abutting a residential area, and is closer to Tiffany's
Club than the parking Lot on 32nd Street, and that
there was not a previous problem with the proposed
sl,�,titute
traffic pattern. Substitute motion was made to approve
t 11
Use Permit No. 1758 (Amended) and Off -Site Parking
Agreement subject to the findings and conditions of
approval in Exhibit "B ".
-23- 1 /_
Ayes
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of Newport Beach
MINUTES
June 19, 1986
Commissioner Eichenhofer stated that she would support
the substitute motion. She said the reputation and
length of time that Tiffany's Club has been in
operation is impressive and speaks well for the
operation.
Commissioner Goff stated that he would support the
substitute motion. He said that the operation has been
a good neighbor in the area for 11 years; that there is
no record that the traffic problems in the area have
been related to Tiffany's Club; and that the applicants
have addressed the parking satisfactorily.
Substitute motion voted on to approve Use Permit No.
1758 (Amended) and Off -Site Parking Agreement subject
to the findings and conditions of approval in Exhibit
"B ". SUBSTITUTE MOTION CARRIED.
FINDINGS:
1. That the proposed development is consistent with
the Land Use Element of the General Plan and is
compatible with surrounding land uses.
2. The project will not have any significant environ-
mental impact.
3. The off -site parking area is located so as to be
useful to the subject private club use.
4. Parking on the subject off -site lot will not
create undue traffic hazards in the surrounding
area.
5. That the applicant has entered into an appropriate
lease for the off -site parking spaces, which is of
sufficient duration for the private club.
6. The approval of Use Permit No. 1758 (Amended) 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 and improvements in the
neighborhood or the general welfare of the City.
7. The proposed use of a valet parking service and
tandem parking spaces will not, under the circum-
stances of this particular case, be detrimental to
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COMMISSIONERS
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MINUTES
June 19, 1986
of Newport Beach
the health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use, or be detri-
mental or injurious to property and improvements
in the neighborhood or the general welfare of the
City, and further that the proposed modification
is consistent with the legislative intent of Title
20 of the Municipal Code.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan,
except as noted below.
2. That the City Traffic Engineer shall approve the
on -site valet parking plan, including the tandem
parking spaces and the on -site valet station, and
the off -site tandem parking space, prior to
beginning the operation of the.private club.
3. That on -site Parking Spaces No. 1 and 20 shall
only be used for the parking of compact
automobiles.
4. That on -site Parking Spaces No. 21, 22 and 26
shall not be used by the valets to park
automobiles.
5. That an off -site parking agreement shall be
approved by the City Council, and be recorded in
the County Recorder's Office, guaranteeing that a
minimum of 9 parking spaces shall be provided in
the Lido Building parking lot between 9:00 p.m.
and 11:00 p.m. and 60 parking spaces between 11:00
p.m. and 2:00 a.m. daily for the duration of the
private club use on the property located at 3388
Via Lido.
6. That all employees shall park on the off -site
parking lot.
7. That no valet parking, pick -ups or deliveries
shall be permitted on public streets.
8. That the live entertainment shall be confined to
the interior of the facility.
9. That there shall be no sound amplification used
outside of the building.
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WMISSIONERS MINUTES
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10. That the hours of operation of the private club
shall be limited between the hours of 9:00 p.m.
and 2:00 a.m. daily.
11. That the tree damaged public sidewalk along the
Via Lido frontage adjacent to the private brick
sidewalk be reconstructed; that the private brick
sidewalk be repaired as needed; and that the
adjacent private tree be root pruned. All work
shall be completed prior to implementation of the
subject use permit.
•
Use Permit No. 3209 (Public Hearing) Item No.B
Request to permit the construction of a combined UP3209
commercial /residential structure on property located in
e C -1 District. The proposal also includes a request Approved
to stablish a take -out restaurant in the commercial
ports of the project which includes incidental
outdoor ating and a modification to the Zoning Code
to allow dem parking; and a request to waive a
portion of the equired parking spaces for the proposed
take -out restaur
LOCATION: Lot 2, ck 8, Balboa Tract, located
at 603 Ea Balboa Boulevard, on the
southerly si f East Balboa Boulevard,
between Palm eet and Washington
Street, in Central boa.
ZONE: C -1
-26- ` 1 1
12. That the Planning Commission may add to or modify
conditions of approval to this use permit, or
recommend to the City. Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
•
of the community.
13. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
•
Use Permit No. 3209 (Public Hearing) Item No.B
Request to permit the construction of a combined UP3209
commercial /residential structure on property located in
e C -1 District. The proposal also includes a request Approved
to stablish a take -out restaurant in the commercial
ports of the project which includes incidental
outdoor ating and a modification to the Zoning Code
to allow dem parking; and a request to waive a
portion of the equired parking spaces for the proposed
take -out restaur
LOCATION: Lot 2, ck 8, Balboa Tract, located
at 603 Ea Balboa Boulevard, on the
southerly si f East Balboa Boulevard,
between Palm eet and Washington
Street, in Central boa.
ZONE: C -1
-26- ` 1 1
C
9
0C, -, Y OF NEWPORT BE�_d*
COUNCIL MEMBERS MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
ROl L f.L11 �� R11115 11 F9 DATE: July 28, 1986
/0
Present
x
x
x
x
x
x
x
A ROLL CALL.
Motion
x
B. The reading of the Minutes of the
All Ayes
acting of July 14, 1986, was waived,
proved as written, and ordered filed,
Motion
x
C. Th reading in full of all ordinances
All Ayes
and esolutions under consideration was
waiv , and the City Clerk was directed
to re by titles only.
D. HEARING
1. Mayor Mayo opened the public hearing
Weed Abatm/
regarding c at of abatement of weeds and
Fire Opt
other nuisan es.
(41)
Report from Ff Chief was presented.
Motion
x
Rearing no one w hing to address the
All Ayes
Council, motion w made to adopt
Resolution No. 86- confirming the
Res 86 -66
report of the Fire lef concerning the
coat of abatement of cede and other
nuisances and requesti g the
Auditor - Controller of 0 ange County to
enter the amount of each assessment
referred to in said repor on the County
Tax Roll.
2. Mayor Maurer opened the publ c hearing
205/206
regarding construction of cur gutter
range /Curb
and sidewalk in front of real operty
Sdwlk Constr
located at 205 and 206 Orange S eat,
(74)
Newport Beach, California.
Report from Public Works Department was
presented.
Motion
x
Hearing no one wishing to address the
All Ayes
Council, the public hearing was closed\
and motion was made to order the i\
property owners to commence work within
60 days. \
3. Mayor Maurer opened the public hearing
/P 1758(A)
and City Council review of USE PERMIT
Tiffany's
N0. 1758 (AMENDED), approved by the
Off-Site Pkg
Planning Commission on June 19, 1986,
-2604
being a request of TIFFANY'S
(88/38)
ASTROLOGICAL CLUB, Newport Beach, to
amend a previously- approved use permit
which permitted the establishment of a
private club with on -sale alcoholic
beverages, live entertainment, and
dancing. The proposed amendment
includes a request to approve an
off -site parking agreement so as to
al low a portion of the required
off - street parking to be located in the
parking lot of the Lido Building located
Volume 40 - Page 302
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COUNCIL MEMBERf 11 'TY
OF NEWPORT B_ %0
July 28, 1986
MINUTES
at 3355 Via Lido. The proposal also
U/P 1758(A)
includes a modification to the Zoning
Tiffany's
Code to use tandem parking for a portion
of the on -site parking spaces and the
use of 'a full -time valet parking
service. Property located at 3388 Via
Lido; off -site parking located at 3355
Via Lido in the Lido Building parking
lot.
Report from the Planning Department was
presented.
Council Member Heather advised that,
inasmuch as she is a member of
Tiffany's, she will remove herself from
the dais and abstain from participation
in this hearing.
Hearing no one wishing to address the
Council, the public hearing was closed.
Council Member Strauss stated it was his
suggestion this item be reviewed by the
City Council for several reasons. He
noted that the staff recommended denial
of the request due to the potential for
the creation of undue traffic hazards in
the area and the conflicts between two
destination point uses (The California
Beach Restaurant and Tiffany's) in one
parking lot. However, a majority of
the Commissioners were of the opinion
that there has not been a traffic, or
circulation problem with Tiffany's since
the original off -site parking agreement
for the club in 1974 allowed the valets
to cross Via Lido to Via Oporto. He
also pointed out that the Planning
Commission voted (5 Ayes, 2 Noes) to
recommend approval of the subject Use
Permit and related off -site parking
agreement.
Motion
x
Council Member Strauss stated he has an
Ayes
x
x
x
x
x
ongoing concern with regard to too many
Abstain
x
cars being "packed" into the Lido Marina
area. However, due to the hours of
operation of Tiffany's, he does not feel
there would be a conflict in the
off -site parking lot, inasmuch as The
California Beach Restaurant is required
to close by 11:00 P.M. daily. He
therefore moved to sustain the decision
of the Planning Commission and approve
the�.kf,- site.. paEk3BB- 9Breement .
Council Member Heather returned to her
seat on the dais at this time.
Volume 40 - Page 303
#tWRECONMREQMMR
GOVERNMENT CODE 6103
• F _EX EMP_1
RECORDING REQUESTED BY AND C
WHEN RECORDED, RETURN TO:
City Clerk/4e�7 `z-��_21L
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
>YG\jy OF EAR'
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CONSIDERATION
ce Above This Line For
07- 287675
C - zL - - qp
RFCORDFD IN OFFICIAL .CORDFI
OF ORAN(31= COUNTY CAUFORNIA
-40o PM MAY z 1 '87
is Use
OFF -SITE PARKING AGREEMENT
3388 Via Lido, Third Floor
Newport Beach, California
THIS AGREEMENT, made and entered into this /,day of
1987, by and between CITY OF NEWPORT
BEACH, a unicipal corporation and charter City, hereinafter
refer r ecuto as "City" and JOSEPH P. BLANCHFIELD, hereinafter
referred to as "Lessee," is made with reference to the
following facts, the materiality and existence of which are
stipulated and agreed by the parties hereto:
I. Lido Building Ltd. owns certain real property
located at 3355 Via Lido, in the City of Newport Beach,
County of Orange, State of California (the "Lido Building
Property "); and
II. Lessee operates a business on property located at
3388 Via Lido, Third Floor, Newport Beach, California which
real property is more particularly described on Exhibit "A"
attached hereto and made a part hereof (the "Property "),
known as a private club. Provisions of the Newport Beach
Municipal Code require persons conducting a private club to
provide parking spaces for their customers; and
III. Lessee has applied to City for a use permit because
Lessee proposes to operate a business upon his Property in a
manner such that additional parking spaces must be provided
by Lessee; and
IV. Lessee has entered into a written agreement with
Lido Building Ltd., which agreement grants to Lessee the
exclusive right to use nine (9) automobile parking spaces
during the hours of 9:00 p.m. to 11:00 p.m. and sixty (60)
spaces during the hours of 11:00 p.m. to 2:00 a.m. A copy of
the wri.tton Agreement i.R attached hereto and marked Exhibit
"B "; and
V. The Planning Commission of the City of Newport
Beach, in conjunction with its consideration of Use Permit
No. 1758 (amended), recommended to the City Council of the
City of Newport Beach approval of this Off -Site Parking
'%t;reement, after determining that the conditions of Section
70.30.035(D) of the Newport Beach Municipal Code were
satisfied; and
2/175/011285- 0001 /01 1/28/87
I
87- 287675
VI. 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. 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 Lido Building Property.
Lessee further agrees to fully perform all of the duties and
responsibilities imposed upon Lessee by the Lease Agreement
(Exhibit "B ") pursuant to which Lessee has the right to
parking spaces, and further agrees that any breach by Lessee
of the terms of 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
a private club located at 3388 Via Lido, Third Floor, 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
automobile parking spaces provided for on the Lease Agreement
(Exhibit "B ") are lost to Lessee, for any reason, Lessee
agrees to do the following:
a. Alter the characteristics of, or reduce the
capacity of, the private club located at 3388 Via Lido,
Third Floor 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 thirty (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
(Exhibit "B ") and this agreement and shall further
obtain such recommendations and approvals of such
agreement, by the Planning Commission and City Council
for the City of Newport Beach, as required by the
Charter of the City of Newport Beach and the Newport
Beach Municipal Code.
3. Lessee shall, at all times the private club is open
for business, provide a sufficient number of parking
attendants to ensure that the off - street parking spaces are
utilized for the purposes intended.
-2-
0 87- 287675
4. Lessee shall fully perform all for the conditions
of approval imposed by the Planning Commission and /or City
Council of the City of Newport Beach in conjunction with the
approval of Use Permit No. 1758 (amended). The minutes of
the Planning Commission and /or City Council reflecting the
conditions imposed are attached hereto, marked Exhibit "C ",
and are incorporated herein by reference.
5. Lessee shall, at least ninety (90) days prior to
the expiration of the written Lease Agreement, (Exhibit "B ")
provide a new or amended parking agreement which grants the
use of at least the same number of parking spaces required by
this Agreement and contains terms no more restrictive than
those contained in the existing Lease Agreement, (Exhibit
"B") .
6. 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.
CI
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ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
ss.
COUNTY OF )
87- 287675 41
On the day of , 1987, before
me, the unders.ig en d, a Notary Public in and for said State
and County, personally appeared PHILIP MAURER, personally
known to me (or proved to me on the basis of satisfactory
evidence) 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 who executed
this instrument and acknowledged to me that they executed the
same.
WITNESS my hand and official seal.
Notary Public
(SEAL)
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On the 14th day of May , 1987, before
me, the undersigned, a Notary Public in and for said State
and County, personally appeared JOSEPH P. BLANCHFIELD,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument and acknowledged to me that he executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
MAUREEN L HUFFMAN
m NOTARY PUBLIC -CALIFORNIA Notary Public 4141
s ORANGE 'CGUNTY
( E My camm. ezpires NGY 3, 1989 Maureen L. Huffman
cm
87- 287675
EXHIBIT A
Parcel 1, in the City of Newport Beach, County of Orange, State of
California, as shown on Map filed in Book 60, Page 43, of Parcel Maps
in the Office of the County Recorder of said County.
0 87 -287#
EXHIBIT "B"
REVOCABLE LICENSE TO PARK
THIS REVOCABLE LICENSE TO PARK is made and entered into
this /' /( day of 1987, by and between
JOSEPH P. BLANCHFIEL ( "Blanchfield ") and LIDO BUILDING LTD.
( "Lido ").
WITNESSETH
WHEREAS, Blanchfield is or is in the process of becoming
the owner /operator of a nightclub and holding a certain
leasehold interest located in the City of Newport Beach,
County of Orange, State of California and described as 3388
Via Lido, 3rd Floor, Newport Beach, County of Orange, State
of California, and hereinafter referred to as Parcel "A "; and
WHEREAS, Blanchfield desires to enter into an off -site
parking agreement in conjunction with the nightclub operation
to be conducted on Parcel "A "; and
WHEREAS, Lido, is the owner of certain real property
located as 3355 Via Lido, Newport Beach, County of Orange,
California, and referred to as Parcel "B "; and
WHEREAS, Blanchfield has sufficient space to park
twenty -three (23) vehicles on Parcel "A "; and
WHEREAS, the Newport Beach Municipal Code requires that
the use proposed and contemplated by Blanchfield will require
a minimum of eighty -three (83) off - street parking spaces for
the use of employees, customers and business invitees of said
uses; and
WHEREAS, Lido will make available nine (9) off - street
parking spaces to Blanchfield during the hours of 9:00 p.m.
to 11:00 P.M. Thereafter, Lido will make available sixty
(60) spaces to Blanchfield during the hours of 11:00 p.m. to
2:00 a.m.
NOW, THEREFORE, in consideration of the foregoing, IT IS
AGREED by and between the parties hereto as follows:
1. For so long as Lido permits Blanchfield use of the
off -site parking referred to herein and subject to paragraph
7 below, Blanchfield will pay Lido (i) One Thousand Dollars
($1,000.00) per month and (ii) a sum equal to twenty -five
percent (25 %) of the cost of the maintenance of the parking
lot, not to exceed the sum of One Thousand Dollars
($1,000.00) per year. The monthly fee for use of Lido's
2/175/011285 - 0001/02 4/17/87
0 87- 287675 0
parking lot and the amount of Blanchfield's maximum annual
contribution toward parking lot maintenance will be adjusted
annually by the greater of (i) five percent (5°s) or (ii) the
current cost -of- living increase published by the Department
of Labor Bureau of Statistics for all Urban Consumers
attributable to the month of each year's anniversary of this
Agreement. Lido will notify Blanchfield of this increase
within sixty (60) days thereafter and the increase shall
become effective on the beginning of the third month
thereafter. The payments required to be made hereunder shall
commence as of the date that Blanchfield opens for business.
Blanchfield shall give Lido written notice of the date upon
which he shall open for business.
2. Blanchfield shall be responsible for any and all
extraordinary maintenance and /or security precautions
reasonably necessitated as the result of Blanchfield's use of
the parking lot pursuant to this agreement. Blanchfield's
maximum contribution toward parking lot maintenance set forth
in paragraph 1 above shall not limit his responsibility under
this paragraph.
3. Blanchfield will provide liability and workmen's
compensation insurance coverage of One Million Dollars
($1,000,000.00), or whatever coverage Lido's insurance broker
deems reasonable and necessary, underwritten by a carrier
rated "A" or better by Bests Key Rating, with Lido Bldg. Ltd.
named as additionally insured. A certificate of insurance
will be required to validate this Agreement and a stipulation
of thirty (30) days prior notification of cancellation must
be included. Blanchfield agrees to indemnify and hold Lido
harmless from any and all damages and liability including
attorneys' fees.
4. The use of the Lido parking lot will be confined to
the hours of 9:00 p.m. to 2:30 a.m. Should any cars of
patrons of Blanchfield's nightclub be present on the lot at
2:30 a.m., they will be moved off premises by 2:45 a.m.
5. Tandem parking may be permitted after the hour of
11:00 p.m.
6. In all matters, this Agreement will be subordinate
to the previous lease agreements between Lido and First
Church of Christ, Scientist and /or California Beach.
7. In all events, the use of the Lido parking lot
shall exclude the northeastern section bordered by the church
to the north and the drain flow line to the south which
-2-
87- 28767P
constitutes the property of the First Church of Christ,
Scientist and all parking spaces therein.
8. This Agreement may be amended or cancelled by (i)
Blanchfield upon thirty (30) days written notice, (ii) by
Lido upon thirty (30) days written notice in the event that
(a) Blanchfield defaults in his obligations under this
Agreement; (b) Blanchfield is in default under the Lease
pursuant to which Blanchfield acquired a leasehold interest
in Parcel "A "; or (c) the California Beach Restaurant expands
its hours of operation past 11:00 p.m. pursuant to
appropriate permits of the City of Newport Beach and the
parking areas demised pursuant to this Agreement are required
for such expanded operation or (iii) by Lido upon one hundred
eighty (180) days written notice in the event that Lido
wishes to terminate this Agreement for any reason not
specified in (ii)(a), (b) or (c) above.
9. The interest granted hereunder is specifically
limited to that of a revocable license; provided, however,
that unless otherwise terminated as provided by this
Agreement, the term of such license shall be for a period cf
five (5) years from the date first above written.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and /earfist above written.
LIDO BUILDING, LTD.
By:di
-3-
EXHIBIT 87- 287675
Page I of 6." r' 'TY OF NEWPOIJ B NCH
COUNCI EMBERS MINUTES
moo+ 9sin.p GP9
Rol I 99� 5�91 P �\ July 28. 1986
. COI wncv
at 3355 Via Lido. The proposal also
UJP 1758(A)
includes a modification to the Zoning
Tiffany's
Code to use tandem parking for a portion
of the on -site parking spaces and the
use of a full -time valet parking
service. Property located at 3388 Via
Lido; off -site parking located at 3355
Via Lido in the Lido Buiiding parking
lot.
Report from the Planning Department was
presented.
Cooncll Member Heather advised that,
luasmuch as she is a member of
Tiffany's, she will, remove herself from
the dais and abstain lirom participation
in this hearing.
Bearing no one wishing to address the
Council, the public hearing was closed.
Council Member Strauss Ira Led it was his
suggestion this item be reviewed by the
City Council for several reasons. He
noted that the staff. recommended denial
of the request due to the potential for
the creation of undue traffic hazards in
the area and the conflicts between two
destination point uses (The Ca Lifornia
Beach Restaurant and Tiffany's) in one
parking lot. However, a majority of
the Commissioners were of the opinion
that there has not been a traffic, or
circulation problem with Tiffany's since
the original off -site parking agreement
for the club in 1974 allowed the.valets
to cross Via Lido to Via Oporto. He
also pointed out that the Planning
Commission voted (5 Ayes, 2 Noes) to
recommend approval of the subject Use
Permit and related olf -seta parking
agrecmcul.
Motion
x
Council Member Strauss stated he has an
Ayes
x
x
X
x
x
ongoing concert& with regard to too many
Abstain
x
car.: Leiag "packed" into the lido Marina
area. However, due to the hours of
operation of Tiffany's, its does not feel
there would be a conflict in the
off -site parking lot, inasmuch as The
California Beach Restaurant is required
to close by L1:00 p.m. daily. He
therefore moved to sustain the decision
of the Planning Commission and approve
the off -site parking agreement.
Council Member Heather returned to her
seat on the dais at this time.
Volume 40 - Page 303
Page 2 of 8
87 -2675 c,-, Y
COUNCIL EMBERS
ROLL \ALA\'P\\
OF NEWPOP#BE fH
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 28, 1986
wnr Y
Present
x
x
x
x
x
x
x
CALL.
Motion
x
eading of the Minutes of the
All Ayes
ng of July 14, 1986, was waived,
ved as written, and ordered filed.
Motion
x
eading in full of all ordinances
\HEARING
All Ayes
esolutions under consideration was
and the City Clerk was directed
by titles only.
NG
r Mayo opened the public hearing
Weed Abatm/
ding c se of abatement of weeds and
Fire Dpt
other nuisances.
(41)
Report from F1 a Chief was presented.
Motion
X
Hearing no one w hing to address the
All Ayes
Council, motion w made to adopt
Resolution No. 86- confirming the
Res 86 -66
report of the Fire ief concerning the
cost of abatement of eeds and other
nuisances and requests g the
Auditor - Controller of 0 ange County to
enter the amount of each assessment
referred to in said repor on the County
Tax Roll.
2. Mayor Maurer opened the publ hearing
205/206
regarding construction of curt&,, gutter
range /Curb
and sidewalk in front of real d operty
Sdwlk Constr
located at 205 and 206 Orange S set,
(74)
Newport Beach, California.
Report from Public Works Departmen\ was
presented.
Motion
x
Hearing no one wishing to address the \.
All Ayes
Council, the public hearing was closed,\
and motion was made to order the
property owners to commence work within \
60 days.
3. Mayor Maurer opened the public hearing
/P 1758(A)
and City Council review of USE PERMIT
Tiffany's
NO. 1758 (AMENDED), approved by the
Off-Site Pkg
Planning Commission on June 19. 1986,
-2604
being a request of TIFFANY'S
(88/38)
ASTROLOGICAL CLUB, Newport Beach, to
amend a previously- approved use permit
which permitted the establishment of a
private club with on -sale alcoholic
beverages, live entertainment, and
dancing. The proposed amendment
includes a request to approve an
off -site parking agreement so as to
allow a portion of the required
off - street parking to be located in the
parking lot of the Lido Building located
Volume 40 - Page 302
1 Page 3 of 81
S O 'ERS I •
COMMIS I h
� v r v m
Z c m o m z
m � a z r O S
:3iti73ititi3r;i3ui;
87 -2878 MINUTES ;
of Newport Beach
Use Permit No. 3205 (Continued Public Hearing)
June 19, 1986
INDEX
Item No.6
Request to establish a restaurant with on -sale beer and
wine on the Fun Zone property in the C -1 District, and
to waive a portion of the required off- street parking
Parcel 1 of Parcel Map 82 -706
(Resubdivision No. 724), located at 600
Edgewater Place, bounded by East Bay
enue, Washington Street, Palm Street,
an ewport Bay, in Central Balboa.
ZONE: C -1
APPLICANT: Milano's Pizza staurant Balboa, Inc.,
Newport Beach
OWNER: Balboa Fun Zone, Ltd., wport Beach
�n x Motion was made to continue Use Permit o. 3205,
+(Nye x x x x Milano's Pizza Restaurant, Balboa Fun Zone, to the
A ._ain x Planning Commission meeting of July 24, 1986. ion
voted on, MOTION CARRIED.
Use Permit No. 1758 (Amended)(Continued Public Hearing)
Request to amend a previously approved use permit which
permitted the establishment of the private club known
as "Tiffany's Astrological Club" with on -sale alcoholic
beverages, live entertainment, and dancing. The
proposed amendment includes a request to approve an
off -site parking agreement so as to allow a portion of
the required off - street parking to be located in the
parking lot of the Lido Building located at 3355 Via
Lido. The proposal also includes a modification to the
Zoning Code to use tandem parking for a portion of the
on -site parking spaces and the use of a full time valet
parking service.
LOCATION: Parcel No. 1 of Parcel Map 60 -43
(Resubdivision No. 433), (private club
site) located at 3388 Via Lido, on the
northeasterly side of Via Lido between
via Oporto and Via Malaga, adjacent to
Lido Marina Village, and Lot 4, Tract
No. 907 (off -site parking site), located
at 3355 Via Lido in the Lido Building
parking lot.
-21-
UP3205
Continued !
to 7 -24 -8(
Item No.7
UP1758A
Approved
c z
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2
x 2
T m
n
R LL CALL
:3iti73ititi3r;i3ui;
87 -2878 MINUTES ;
of Newport Beach
Use Permit No. 3205 (Continued Public Hearing)
June 19, 1986
INDEX
Item No.6
Request to establish a restaurant with on -sale beer and
wine on the Fun Zone property in the C -1 District, and
to waive a portion of the required off- street parking
Parcel 1 of Parcel Map 82 -706
(Resubdivision No. 724), located at 600
Edgewater Place, bounded by East Bay
enue, Washington Street, Palm Street,
an ewport Bay, in Central Balboa.
ZONE: C -1
APPLICANT: Milano's Pizza staurant Balboa, Inc.,
Newport Beach
OWNER: Balboa Fun Zone, Ltd., wport Beach
�n x Motion was made to continue Use Permit o. 3205,
+(Nye x x x x Milano's Pizza Restaurant, Balboa Fun Zone, to the
A ._ain x Planning Commission meeting of July 24, 1986. ion
voted on, MOTION CARRIED.
Use Permit No. 1758 (Amended)(Continued Public Hearing)
Request to amend a previously approved use permit which
permitted the establishment of the private club known
as "Tiffany's Astrological Club" with on -sale alcoholic
beverages, live entertainment, and dancing. The
proposed amendment includes a request to approve an
off -site parking agreement so as to allow a portion of
the required off - street parking to be located in the
parking lot of the Lido Building located at 3355 Via
Lido. The proposal also includes a modification to the
Zoning Code to use tandem parking for a portion of the
on -site parking spaces and the use of a full time valet
parking service.
LOCATION: Parcel No. 1 of Parcel Map 60 -43
(Resubdivision No. 433), (private club
site) located at 3388 Via Lido, on the
northeasterly side of Via Lido between
via Oporto and Via Malaga, adjacent to
Lido Marina Village, and Lot 4, Tract
No. 907 (off -site parking site), located
at 3355 Via Lido in the Lido Building
parking lot.
-21-
UP3205
Continued !
to 7 -24 -8(
Item No.7
UP1758A
Approved
Page 4 of 8 . 8 7- 2 8 76 7 5 ( 9
COMMISSIONERS
ZONE: C -1
APPLICANT: Tiffany's Astrological Club, Newport
Beach
OWNER: Traweek Investment Fund #12, Ltd.,
Marina del Rey
MINUTES
June 19, 1986
The public hearing was opened in connection with this
item, and Mr. Edward Martinez, 505 Windsor Place,
Laguna Beach, President of Tiffany's Club, appeared
before the Planning Commission. Mr. Martinez commented
that Tiffany's Club has been operating for 11 years;
that there was an off -site parking agreement between
Don Koll and Imperial Savings & Loan for Tiffany's Club
that was revoked in October, 1985; that the on -site
parking lot has been redesigned so as to provide 26
parking spaces, but that staff has approved only 23 of
those 26 parking spaces; that Tiffany's Club has a
lease agreement with the Lido Building to use 9 parking
spaces between 9:00 p.m. and 11:00 p.m., and that
between 11:00 p.m. and 2 :00 a.m. Tiffany's Club would
be permitted 60 parking spaces; and that there are 1600
members who want to continue their membership at the
Club.
In response to a question posed by Commissioner
Koppelman regarding the daily log maintained by
Tiffany's Club, Mr. Martinez replied that the
numbers reflect how many members are in the Club at
that hour. Mr. Martinez commented that the tally is
maintained by an employee at the front desk so as to
remain within the Fire Code requirements.
In response to a question posed by Commissioner
Winburn, Mr. Martinez explained that when Tiffany's
Club first opened, the valets drove the customers'
automobiles to the off -site parking lot of Imperial
Savings and Loan located at 32nd Street and Via Oporto;
however, because the 32nd Street parking lot was a
distance from Tiffany's Club, they leased parking
spaces behind the Lido Building.
Chairman Person asked staff if there had been any
complaints regarding the operation of Tiffany's Club
from the adjacent residents. Mr. Hewicker replied that
he was not aware that any complaints had been reported.
Mitchell Sussman, a partner in Tiffany's Club and an
attorney whose office is across from the subject site,
appeared before the Planning Commission. Mr. Sussman
-22-
x
C 0 O
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9
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City
of
Newport
Beach
z
a
ROLL CALL
ZONE: C -1
APPLICANT: Tiffany's Astrological Club, Newport
Beach
OWNER: Traweek Investment Fund #12, Ltd.,
Marina del Rey
MINUTES
June 19, 1986
The public hearing was opened in connection with this
item, and Mr. Edward Martinez, 505 Windsor Place,
Laguna Beach, President of Tiffany's Club, appeared
before the Planning Commission. Mr. Martinez commented
that Tiffany's Club has been operating for 11 years;
that there was an off -site parking agreement between
Don Koll and Imperial Savings & Loan for Tiffany's Club
that was revoked in October, 1985; that the on -site
parking lot has been redesigned so as to provide 26
parking spaces, but that staff has approved only 23 of
those 26 parking spaces; that Tiffany's Club has a
lease agreement with the Lido Building to use 9 parking
spaces between 9:00 p.m. and 11:00 p.m., and that
between 11:00 p.m. and 2 :00 a.m. Tiffany's Club would
be permitted 60 parking spaces; and that there are 1600
members who want to continue their membership at the
Club.
In response to a question posed by Commissioner
Koppelman regarding the daily log maintained by
Tiffany's Club, Mr. Martinez replied that the
numbers reflect how many members are in the Club at
that hour. Mr. Martinez commented that the tally is
maintained by an employee at the front desk so as to
remain within the Fire Code requirements.
In response to a question posed by Commissioner
Winburn, Mr. Martinez explained that when Tiffany's
Club first opened, the valets drove the customers'
automobiles to the off -site parking lot of Imperial
Savings and Loan located at 32nd Street and Via Oporto;
however, because the 32nd Street parking lot was a
distance from Tiffany's Club, they leased parking
spaces behind the Lido Building.
Chairman Person asked staff if there had been any
complaints regarding the operation of Tiffany's Club
from the adjacent residents. Mr. Hewicker replied that
he was not aware that any complaints had been reported.
Mitchell Sussman, a partner in Tiffany's Club and an
attorney whose office is across from the subject site,
appeared before the Planning Commission. Mr. Sussman
-22-
Page.5'of 8
COMPvISSIONERS • 87- 287875 MINUTES
z z
E D 9 = June 19, 1986
C v m
z c m Z m Z
Mm a z 9 z T m City of Newport Beach
C z m 0; 0 0
ROLL CALL INDEX
Motion
Sr�,titute
t n
noted the numerous sources that the applicant contacted
to locate the required off -site parking spaces; that
the parking spaces available at the Lido Building are
the best solution; that the pedestrian - vehicle
accidents on Via Lido have been in the crosswalk
adjacent to Hughes Market; that Tiffany's Club has had
a clean record for 11 years; that the applicant would
cooperate with staff, if staff recommended the
installation of a stop sign at the intersection of Via
Lido and Via Oporto; and that Tiffany's Club has not
previously created traffic and parking congestion.
The public hearing was closed at this time.
Commissioner Turner commented that the applicant has
been a victim of circumstances because of the
cancellation clause in the off -site parking agreement,
and that the applicant is trying to correct a situation
as a result of the cancellation. Commissioner Turner
referred to the recent California Beach Restaurant's
conditions of approval as set forth by the Planning
Commission, and he said that because of those
conditions it is difficult to turn around and approve
the same off -site parking lot for another operation.
He further commented that the peak attendance at
Tiffany's Club will be 11.00 p.m. when the California
Beach Restaurant customers will be vacating the
premises. Motion was made to deny Use Permit No. 1758
(Amended) and the Off -Site Parking Agreement subject to
the findings for denial in Exhibit "A ".
Commissioner Koppelman commented on the convenience of
the Lido Building parking lot as compared to the 32nd
Street parking lot for Tiffany's Club. She recollected
that the California Beach Restaurant requested valet
parking in front of the restaurant on Via Lido; that
customers were waiting on the sidewalk to enter the
California Beach Restaurant adjacent to a residential
area; and the amplified music, were the primary reasons
she objected to the extension of the California Beach
Restaurant's hours of operation. Commissioner
Koppelman said that access to the parking lot is not
abutting a residential area, and is closer to Tiffany's
Club than the parking lot on 32nd Street, and that
there was not a previous problem with the proposed
traffic pattern. Substitute motion was made to approve
Use Permit No. 1758 (Amended) and Off -Site Parking
Agreement subject to the findings and conditions of
approval in Exhibit "B ".
-23-
Page 6
of 8
COMMISSIONERS
s
C
C O
i
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i
y
z c m s m
mD D =r L1
CZ Z N o r 0 0
D m O m> m T
Z D Z D= T m
D
R(JLL
CALL
Ayes
Noes
Ix
`0 87- 287675 (0
of Newport Beach
MINUTES
June 19, 1986
Commissioner Eichenhofer stated that she would support
the substitute motion. She said the reputation and
length of time that Tiffany's Club has been in
operation is impressive and speaks well for the
operation.
Commissioner Goff stated that he would support the
substitute motion. He said that the operation has been
a good neighbor in the area for 11 years; that there is
no record that the traffic problems in the area have
been related to Tiffany's Club; and that the applicants
have addressed the parking satisfactorily.
Substitute motion voted on to approve Use Permit No.
1758 (Amended) and Off -Site Parking Agreement subject
to the findings and conditions of approval in Exhibit
"B ". SUBSTITUTE MOTION CARRIED.
PTNnTNQS-
1. That the proposed development is consistent with
the Land Use Element of the General Plan and is
compatible with surrounding land uses.
2. The project will not have any significant environ-
mental impact.
3. The off -site parking area is located so as to be
useful to the subject private club use.
4. Parking on the subject off -site lot will not
create undue traffic hazards in the surrounding
area.
5. That the applicant has entered into an appropriate
lease for the off -site parking spaces, which is of
sufficient duration for the private club.
6. The approval of Use Permit No. 1758 (Amended) 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 and improvements in the
neighborhood or the general welfare of the City.
7. The proposed use of a valet parking service and
tandem parking spaces will not, under the circum-
stances of this particular case, be detrimental to
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INDEX
Page'7'of 8
COM MISSIONERS
F F
C O O
x
m D D Z ,m- 41 S
87- 287b75 f
of Newport Beach
MINUTES
June 19, 1986
the health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use, or be detri-
mental or injurious to property and improvements
in the neighborhood or the general welfare of the
City, and further that the proposed modification
is consistent with the legislative intent of Title
20 of the Municipal Code.
rnN TTTnWQ.
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan,
except as noted below.
2. That the City Traffic Engineer shall approve the
on -site valet parking plan, including the tandem
parking spaces and the on -site valet station, and
the off -site tandem parking space, prior to
beginning the operation of the private club.
3. That on -site Parking Spaces No. 1 and 20 shall
only be used for the parking of compact
automobiles.
4. That on -site Parking Spaces No. 21, 22 and 26
shall not be used by the valets to park
automobiles.
5. That an off -site parking agreement shall be
approved by the City Council, and be recorded in
the County Recorder's Office, guaranteeing that a
minimum of 9 parking spaces shall be provided in
the Lido Building parking lot between 9:00 p.m.
and 11:00 p.m. and 60 parking spaces between 11 :00
p.m. and 2:00 a.m. daily for the duration of the
private club use on the property located at 3388
Via Lido.
6. That all employees shall park on the off -site
parking lot.
7. That no valet parking, pick -ups or deliveries
shall be permitted on public streets.
8. That the live entertainment shall be confined to
the interior of the facility.
9. That there shall be no sound amplification used
outside of the building.
-25-
INDEX
C Z
D m
N
o
p;
m>
0
a
0
r
Z D
z
9 z
T
m
�
D
ROLL CALL
87- 287b75 f
of Newport Beach
MINUTES
June 19, 1986
the health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use, or be detri-
mental or injurious to property and improvements
in the neighborhood or the general welfare of the
City, and further that the proposed modification
is consistent with the legislative intent of Title
20 of the Municipal Code.
rnN TTTnWQ.
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan,
except as noted below.
2. That the City Traffic Engineer shall approve the
on -site valet parking plan, including the tandem
parking spaces and the on -site valet station, and
the off -site tandem parking space, prior to
beginning the operation of the private club.
3. That on -site Parking Spaces No. 1 and 20 shall
only be used for the parking of compact
automobiles.
4. That on -site Parking Spaces No. 21, 22 and 26
shall not be used by the valets to park
automobiles.
5. That an off -site parking agreement shall be
approved by the City Council, and be recorded in
the County Recorder's Office, guaranteeing that a
minimum of 9 parking spaces shall be provided in
the Lido Building parking lot between 9:00 p.m.
and 11:00 p.m. and 60 parking spaces between 11 :00
p.m. and 2:00 a.m. daily for the duration of the
private club use on the property located at 3388
Via Lido.
6. That all employees shall park on the off -site
parking lot.
7. That no valet parking, pick -ups or deliveries
shall be permitted on public streets.
8. That the live entertainment shall be confined to
the interior of the facility.
9. That there shall be no sound amplification used
outside of the building.
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INDEX
Page '8 of 8
COMMISSIONERS
xx
c o =
m
zc m z
M D D z r O S
87- 287675
of Newaort Beach
MINUTES
June 19, 1986
10. That the hours of operation of the private club
shall be limited between the hours of 9:00 p.m.
and 2:00 a.m. daily.
11. That the tree damaged public sidewalk along the
Via Lido frontage adjacent to the private brick
sidewalk be reconstructed; that the private brick
sidewalk be repaired as needed; and that the
adjacent private tree be root pruned. All work
shall be completed prior to implementation of the
subject use permit.
12, That the Planning Commission may add to or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
13. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
Use Permit No. 3209 (Public Hearing)
Request to permit the construction of a combined
commercial /residential structure on property located in
Ile C -1 District. The proposal also includes a request
to tab a take -out restaurant in the commercial
portio of the project which includes incidental
outdoor tinq and a modification to the Zoning Code
to allow t dem parking; and a request to waive a
portion of the quired parking spaces for the proposed
take -out restaura
LOCATION: Lot 2, B k 8, Balboa Tract, located
at 603 Eas Balboa Boulevard, on the
southerly side East Balboa Boulevard,
between Palm S et and Washington
Street, in Central B oa.
ZONE: C -1
-26-
Ttam Nn _A
UP 3209
Approved
C 2
A
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0 0
D m
O,,
M T
z
z
X
r MM
ROLL CALL
87- 287675
of Newaort Beach
MINUTES
June 19, 1986
10. That the hours of operation of the private club
shall be limited between the hours of 9:00 p.m.
and 2:00 a.m. daily.
11. That the tree damaged public sidewalk along the
Via Lido frontage adjacent to the private brick
sidewalk be reconstructed; that the private brick
sidewalk be repaired as needed; and that the
adjacent private tree be root pruned. All work
shall be completed prior to implementation of the
subject use permit.
12, That the Planning Commission may add to or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
13. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
Use Permit No. 3209 (Public Hearing)
Request to permit the construction of a combined
commercial /residential structure on property located in
Ile C -1 District. The proposal also includes a request
to tab a take -out restaurant in the commercial
portio of the project which includes incidental
outdoor tinq and a modification to the Zoning Code
to allow t dem parking; and a request to waive a
portion of the quired parking spaces for the proposed
take -out restaura
LOCATION: Lot 2, B k 8, Balboa Tract, located
at 603 Eas Balboa Boulevard, on the
southerly side East Balboa Boulevard,
between Palm S et and Washington
Street, in Central B oa.
ZONE: C -1
-26-
Ttam Nn _A
UP 3209
Approved