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HomeMy WebLinkAboutC-2742 - Off-Site Parkingi • • • J City Council Meeting March 13. 1989 Agenda Item No. CITY OF NEWPORT BEACH F -12 DY TP' -.ITY COUNCIL CITY 11 ;NEWPORT OEM' TO: City Council MAR p1/�3��1�989 FROM: Planning Department - - APPS�Fn . SUBJECT: Off -Site Parking Agreement Request to accept an off -site parking agreement so as to permit a portion of the required off - street parking spaces for a proposed nighttime only restaurant with on -sale alcoholic beverages, live entertainment, and valet parking, to be located in the Mariner's Mile Commercial Center at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, Parcel Map 73 -23, located to the rear of 2700 West Coast Highway (off -site parking lot), in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: James and Sharon Carter. Anaheim OWNERS: Same as Applicants Application This is a request to approve an off -site parking agreement so as to permit a portion of the required off - street parking spaces for a proposed restaurant facility to be located in an off -site location. As outlined in Section 20.63.045B of the 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: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. ik • 0 TO; City Council - 2. 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). 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 the City Clerk to execute an off -site • parking agreement between James A. and Sharon A. Carter (restaurant site) and the Mariner's Mile Company (off -site parking site). Planning Commission Recommendation At its meeting of January 5, 1989, the Planning Commission approved Use Permit No. 3328 and related Traffic Study No. 52 (4 Ayes, 1 No, 2 Absent) that permitted the establishment of the subject restaurant facility on Mariner's Mile with the eleven Findings and subject to the twenty -nine Conditions of Approval of Use Permit No. 3328, as indicated in an excerpt of the Planning Commission minutes dated January 5, 1989. Proposed Parking The applicants propose to satisfy the nighttime (5:00 p.m. and 2:00 a.m. daily) operation of the restaurant facility through a combination of on -site parking and off -site parking in the Mariner's Mile Commercial Center parking area (see Vicinity Map in attached Planning Commission staff report). The nighttime restaurant use will require 43 parking spaces, based upon a formula of one parking space for each 40 sq.ft. of "net public area" (1,691± • sq.ft. = 40 sq.ft. — 42.27 or 43 spaces). Approximately 32 on -site parking spaces will be provided (i.e. the number of spaces may vary, since the proposed compact parking spaces were eliminated by the Planning Commission for the newly adopted universal parking design standards). Although approximately 11 parking spaces would be required in the off -site location, the applicants have been authorized to utilize up to 20 parking spaces in said off -site parking lot. Condition of Approval No. 4 of Use Permit No. 3328 provides that the off -site • • • A ` • TO: City Council - 3. parking area shall be used for employee parking only, and so no valet parking spaces will be permitted on said lot. A majority of the Commissioners had no objections to the proposed off -site parking arrangement. No Daytime Operation At This Time Condition of Approval No. 8 of Use Permit No. 3328 provides that the restaurant facility may be open for brunch on Saturdays and Sundays, provided that an off - site parking agreement is approved by the City Council guaranteeing that the additional required parking spaces are provided on the adjoining property located at 2801 West Coast Highway. However, this agreement will not be established until the use permit for the Chart House Restaurant on the adjoining property is amended to restrict its use of the parking spaces during the day on weekends. Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the applicants' request. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By ' `f�✓ plc WILLIAM R. LAYCOCK Current Planning Man&Yger WRL /kk COUNCIL \0FFSITE31389 Attachments for City Council Only: Excerpt of Planning Commission Minutes dated January 5, 1989 Planning Commission Staff Report dated January 5, 1989 COMMISSIONERS s�G��99oy9 9P sA9�. Z �yfIr0�0 CITY OF NEWPORT BEACH MINUTES January 5, 1989 CALL INDEX Mo on was voted on to deny Use Permit No. 3070 (Ame ed) subject to the findings in Exhibit "B ". MOTION IED. FINDINGS: 1. That the pr osed addition of baking and service of sandwiches to a take -out restaurant represents an intensification use that will result in an increased parking and for the area. 2. That existing problems ith the unkempt sidewalk and storage of trash wi be aggravated by the intensified use. 3. That the approval of this amen dm t to Use Permit No 3070 will, under the circums nces of this ca.e, be detrimental to the health, s ety, peace, • morals, comfort and general welfare persons residing or working in the neighborhood o to the general welfare of the City. A. Traffic Study No. 52 (Public Hearing) Item No.6 TS N0.52 Request to approve a traffic study in connection with a restaurant in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan. UP3328 AND Aooroved B. Use Permit No. 3328 (Public Hearing) Request to permit the establishment of a nighttime only restaurant with on -sale alcoholic beverages, live entertainment and valet parking on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off - street • parking to be located in the Mariner's Mile Commercial Center, at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, -21- COMMISSIONERS (0 f A A tLF O. C� PyPO` y Q�P01P\o `• MINUTES CITY OF NEWPORT BEACH January 5, 1989 RAL CALL INDEX IF Parcel Map 73 -23, located to the rear of 2700 West Coast Highway on the northerly side of West Coast Highway (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: James and Sharon Carter, Anaheim Commissioner Winburn requested a report from staff regarding the Harbor Permit approved for the subject site. James Hewicker, Planning Director, reported that the Harbor Permit that was approved for boat slips bayward of the subject property included boats within those slips that are for sale through yacht brokerages, or used by the businesses on the premises. He explained that the existing Harbor Permit does not allow any of the boat slips to be rented or leased to private boat owners. • Discussion ensued between Commissioner Pers6n, Mr. Hewicker, and Bill Laycock, Current Planning Manager, regarding the 32 on -site parking spaces and related off - site parking spaces required for the nighttime restaurant, based on one parking space for each 40 square feet of "net public area ". Commissioner Pers6n emphasized that a primary concern is to be certain that no valets park customers' automobiles on the northerly side of West Coast Highway, and he wanted the applicant to be aware of the seriousness of his concern. Commissioner Pers6n forewarned the applicant that if he observed a valet crossing West Coast Highway that he would immediately call up the use permit for revocation. He commented that valets from at least one restaurant are shuffling automobiles across West Coast Highway and that said restaurant is not subject to a use permit. The public hearing was opened in connection with this item, and Mr. James A. Carter, applicant, appeared before the Planning Commission. Mr. Carter stated that he concurs with the findings and conditions in Exhibit • "A" with the exception of Condition No. 21 which states "that a 10 foot wide easement be granted to the City along the bay frontage... ", and he explained how "sawtoothing" the glass facade of the building enhanced the design of the building which would reduce the easement to between eight and ten feet, wherein he requested that said condition be modified. -22- COMMISSIONERS ZmGpy9P�o ,D`�,po� �v cle �:* MINUTES CITY OF NEWPORT BEACH January 5, 1989 RaM6 CALL INDEX In reference to Condition No. 16, which states "that all signs shall conform... ", Mr. Carter requested that "new" be inserted; however, he said that the existing sign could be refurbished. In reference to Condition No. 6 requesting a revised parking plan, Mr. Carter explained that the parking lot was restriped two years ago, and when the applicants gave the six foot easement to the City there was an area that would allow additional parking. Mr. Carter requested that universal parking spaces not be required inasmuch as the original parking plan would provide an additional four compact parking spaces. In reference to Condition No. 8, Mr. Carter requested that the subject restaurant be open for lunch on Saturdays and Sundays inasmuch as The Chart House Restaurant is closed for lunch on weekends and additional parking is available. In response to questions posed by Mr. Hewicker, Mr. Carter replied that • he could provide an off -site parking agreement inasmuch as he is half -owner of the adjacent property. Mr. Hewicker commented that the applicant would be required to provide an off -site agreement that meets the requirements of the City. Mr. Carter stated that he intends to park all of the customers' automobiles onsite on weekends for brunch, and that employee parking would probably be offsite. In response to a question posed by Commissioner Pers6n, Mr. Carter replied that a valet service will manage the valet operation. Mr. Carter stated that the applicants will police the operation to be certain that the valets do not cross West Coast Highway. Commissioner Pers6n emphatically expressed his comments that it is not in the best interests of the applicants or the community - at -large that the valets cross West Coast Highway. In response to questions posed by Commissioner Winburn regarding the Harbor Permit that is in existence and the number of yachts that are maintained for the yacht brokerages, Mr. Carter replied that all of the yachts • that are bayward of the property are with yacht brokerages; however, there are some boats that dock there and park offsite. Commissioner Winburn referred to Condition No. 27 which states that "....the applicant shall obtain the required harbor permits and provide . .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space.. ". In response to Commissioner Winburn's 23- COMMISSIONERS % �9�'99 9 9 1 s 01 4 CITY OF NEWPORT BEACH MINUTES January 5, 1989 ROLL CALL INDEX statement that no boat charters would be permitted onsite, Mr. Carter assured the Planning Commission that the situation would be taken care of immediately. Mr. Jim Lester, an associate of Burke- Lester, 77 Sea Island, appeared before the Planning Commission on behalf of the applicant. Mr. Lester described the revised parking layout that had been reviewed by staff, and he stated that the universal parking requirements could be met; however, he said that four compact parking spaces would be lost which the applicant would like to maintain. Discussion ensued between Mr. Lester and Chairman Pomeroy regarding the configuration of the parking layout which is where said compact parking spaces would be lost if universal parking spaces were established. Commissioner Pers6n concluded that the parking layout be refined using the universal parking spaces to the satisfaction of the Traffic Engineer in acc�:dance with Condition No. 6. Commissioner Pers6n suggested that he would like to set • for a discussion item or a study session the concept of a use permit requirement for all boat charters operating from upland uses inasmuch as said operations could be associated with traffic and parking circulation problems. Commissioner Di Sano concurred with Commissioner Pers6n's recommendation. Mr. Sid Sofer, 900 Arbor Street, costa Mesa, appeared before the Planning Commission to state that the City's stringent parking requirements, including in -lieu parking fees, is not only going to affect new restaurants but will affect established restaurants. Mr. Sofer referred to the staff report's comments regarding the requirement of dedication of land adopted by the Coastal Commission, and he commented that he has always opposed said dedication. Mrs. Gail Demmer, 2812 Cliff Drive, representing the Newport Heights Community Association, appeared before the Planning Commission to state that said Association • supports the proposed project inasmuch as the restaurant meets the Traffic Phasing Ordinance requirements and parking requirements. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission to state his concerns regarding discrepancies in the Traffic Study and the ICU as it relates to the subject restaurant. Don Webb, City Engineer, responded to Dr. VanderSloot's concerns as -24- COMMISSIONERS 4 4� ;�� NOVA m Py � o� m o y, 9 (f . D� y (I MINUTES CITY OF NEWPORT BEACH January 5, 1989 ,` J CALL INDEX follows: he said that the General Plan Amendment calculations indicated 1987 data, and that the 0.98 p.m. ICU at the intersection of West Coast Highway and Riverside Avenue is incorrect inasmuch as the consultant counted two critical moves together instead of counting them separately. Mr. Webb stated that the ICU should be 0,78, which is .02 higher than 0.76 used in the current Traffic Report which is the latest traffic count. Mr. Webb explained that the 0,98 vs. 0.78 does not affect the General Plan because the information was not carried forward to 2010 data inasmuch as that was figured separately. In reference to the total number of project volumes shown to be 17 trips as opposed to 27 trips, Mr. Webb stated that the 10 trips not shown would be trips that would be exiting the site, all in the northbound leg, which is a non - critical move. He stated that the changed a number from .01 to .02 was not a change in the ICU because it is a non - critical movement, it is moving at the ,ame time as a critical movement, and that the ICU shown is correct at 0,89. Mr. Webb commented that • the information submitted is not in error, that the calculations and all of the data shown have deficiencies but would not affect the overall number used. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Webb referred to Condition No. 16 regarding signs, and he explained that Standard 110 -L is used by the Public Works Department to be certain that there is adequate sight distance at driveways. He commented that if the sign impairs the sight distance, it would need to be corrected. Discussion ensued between Chairman Pomeroy, Commissioner Merrill, and Mr. Webb regarding Condition No. 21 so as to maintain the requested 10 foot wide easement but to also permit the encroachment of the sawtooth windows. Motion * Motion was made to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement subject to the findings and modified conditions in Exhibit "A ". Commissioner Di Sano addressed the traffic study as it was presented by Dr. VanderSloot and Mr. Webb, and he made the following modifications to conditions of the use permit. Condition No. 8: approval of an off -site parking agreement on the property adjacent to the subject property if validated by the City, and to permit the applicant to open for brunch on Saturdays and Sundays when parking is available. -25- ,` J COMMISSIONERS 9y'PO �y � pOryO f � CITY OF NEWPORT BEACH MINUTES January 5, 1989 </ R CALL INDEX Following discussion regarding how Condition No. 21 could be revised to permit the sawtooth design as requested by the applicant and to permit an additional encroachment, the condition was amended to state "that an 8 foot to 10 foot wide easement be granted to the .City for public access and to also accommodate the proposed design of the sawtooth building..." Following discussion regarding boat charters, Condition No. 27 was modified to state that "boat charters bayward of the site shall not be allowed without the approval of an amendment to this use permit." Commissioner Merrill stated that he would not support the motion and he expressed his concerns regarding the concentration of restaurants in Mariner's Mile, and he pointed out the similarity of the hours of operation to other restaurants in the area. Commissioner Merrill referred to restaurant row on La Cienega Boulevard in Los Angeles and he commented that the congestion cho)od • some of the restaurants out of business because it became almost impossible for the traffic to circulate. He commented that the trend appears to be that an office site that is used during the day will also be used for a nighttime restaurant inasmuch as there would be available parking. Commissioner Merrill suggested that the restaurants spread out throughout the City inasmuch as they are a good tax revenue. Motion was voted on to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement Ayes * * * subject to the findings and conditions in Exhibit "A ", No * as previously modified. MOTION CARRIED. Absent A. Traffic Study No. 52 Findings: 1. That a traffic study has been prepared which analyzes the,impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. • 2. That the traffic study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any "major ", "primary- modified ", or "primary" street. 3. That the traffic study indicates the project - generated traffic will be greater than one percent -26- </ COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 5, 1989 RMk CALL INDEX of the existing traffic during the 2.5 hour peak period on one leg of one critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersection which will have an ICU of .90 of less. B. Use Permit No. 3328 Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do • not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed restaurant use. 7. That adequate parking exists to serve the proposed development. 8. That the waiver of development standards as they pertain to walls, landscaping and parking lot illumination will not be detrimental to the adjoining properties. 9. That the hours of operation of the proposed • restaurant facility and the existing remaining office uses are such as to allow joint use of the on -site parking area. 10. That the proposed modification to the Zoning Code so as to permit valet parking will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, -27- COMMISSIONERS !.� 4. MINUTES �mG�PNP,Dy y y� January 5, 1989 P Po oy Y PoJ,yo y CITY OF NEWPORT BEACH RAL CALL INDEX 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 is consistent with the legislative intent of Title 20 of the Municipal Code. 11. The approval of Use Permit No. 3328 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. Conditions 1. That development shall be in substantial • conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. 3. That valet parking service may be provided in conjunction with the proposed restaurant's hours of operation. However, at least 4 on -site parking spaces shall be designated for self - parking and shall be identified in a manner acceptable to the City Traffic Engineer. 4. That the off -site parking atga shall be used for employee parking only and tha: all employees shall park in the off -site parking location. A sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employee bulletin board. 5. That no compact parking spaces shall be permitted within the proposed development, unless otherwise approved by the City Traffic Engineer. 6. That the on -site parking, vehicular circulation an pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, to -P8- /f i COMMISSIONERS 4. q N* No P P G � PO ZO CITY OF NEWPORT BEACH MINUTES January 5, 1989 R CALL INDEX include the design and operation of the valet parking service. The applicant shall also prepare a revised parking plan which is consistent with the newly adopted universal parking design standards. Said parking plan shall be subject to the approval of the City Traffic Engineer. 7. That a minimum of one parking space for each 40 square feet of "net public area" shall be provided for the proposed restaurant. 8. That the hours of operation for the proposed restaurant shall be limited between 5:00 p.m. and 2:00 a.m. daily. The applicant shall record a covenant against the property, the form and content to be approved by the City Attorney, which will guarantee that all nighttime on -site parking shall be for the exclusive use of the subject restaurant, and that all other uses on the site will be closed • after 5:00 p.m. The restaurant facility may also be open for brunch on Saturdays and Sundays, provided that an off -site parking agreement is approved by the City Council guaranteeing that the required additional parking spaces are provided on the adjoining property located at 2801 West Coast Highway for the duration of the subject restaurant use. 9. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 10. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. • 12. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 29- i � COMMISSIONERS A A Ir of N O o� v O Z Ot CITY OF NEWPORT BEACH MINUTES January 5, 1989 ROLL CALL INDEX 13. That a trash compactor shall be installed in the restaurant facility. 14. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. 16. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code, and shall conform to Std. 110 -L. 17. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is • desired to obtain a building permit prior to completion of the public improvements. 19. That the intersection of the private drive and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and walls within the sight line shall not exceed twenty -four inches in height. 20. 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 in conformance with the recommendations of the condition sun iy and to the satisfaction of the Building Departmer,c and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 21. That an 8 foot to 10 foot wide public easement be granted to the City for public access so as to • accommodate the proposed design of the sawtooth building along the bay frontage, so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other materials meeting the approval of the Public Works Department. -30- of GOMMISSIONERS y�c c^ 9a �D�9.p9y�t 9y9o�Dy t� os o CITY OF NEWPORT BEACH MINUTES January 5, 1989 R L CALL INDEX 22. That a 6 foot wide easement be granted to the City along the easterly side property line between West Coast Highway and the bay in order to provide unobstructed public access to the bay. Said easement shall be improved with a concrete sidewalk or other material meeting the approval of the Public Works Department with signs to inform the public of its existence. 23. That the entrance drive be reconstructed to conform to City Std. 166 -L. This work will require a Caltrans Encroachment Permit. 24. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. 25. That the applicant shall obtain Coastal Commission . approval of this application prior to the issuance of building permits. 26. That no outdoor sound or paging system shall be utilized on -site and all music from the live entertainment shall be confined to the interior of the building and all doors and windows shall be closed while the live entertainment is performed. 27. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required harbor permits and provide the necessary upland support facilities i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. Boat charters shall not be allowed bayward of the property unless an amendment to this use permit is approved. • 28. 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. -31- COMMISSIONERS y�c��+ 9N s9 v v 1\01�yC'r\01Po CITY OF NEWPORT BEACH MINUTES January 5, 1989 R CALL INDEX 29. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. reconvened at 9:10 p.m. ,t t se Pe mit No 3336 (Public Hearin Item No.7 Reque to permit the establishment of an automobile UP3336 cosmeti and restoration facility which will include body an fender work, painting and detailing of Approved automobile on property located in the M -1 -A District. Said propos als, includes a request to install a paint booth and was rack for automobiles. • LOCATION: A portion of Lot No. 8124, Newport Mesa Tr t, located at 825 16th Street, on the SOU erly side of 16th Street between Place is Avenue and Monrovia Avenue, in the We Newport Beach Triangle Area. ZONE: M -1 -A APPLICANT: Steve Kourac /Auto Cosmetic Inc., Costa Mesa OWNERS: Tim and Steve Bro kshire, Newport Beach The public hearing was opened in onnection with this item, and Mr. Steve Kouracos, applic t, appeared before the Planning Commission. Mr. Koura os described his business as working with prototype auto biles that come from Detroit and he explained the requi d equipment to cast the clay and fiberglass molds. He rther stated that he provides color chips to Detroit fo automobiles • in the far future. Mr. Kouracos stated that n wash rack is required inasmuch as he sprinkles automob les down and chamois them off. He stated that he conc s with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Mer 11 regarding Metalcrafters, Mr. Kouracos explained that s a former employee, his facility is currently adjacent t -32- Planning Commission Meeting January 5. 1989 Agenda Item No. CITY OF NEWPORT BEACH • TO: Planning Commission FROM: Planning Department SUBJECT: A. Traffic Study No. 52 (Public Hearing) Request to approve a traffic study in connection with a restaurant in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan. AND B. Use Permit No. 3328 (Public Hearing) ZONE: SP -5 APPLICANTS: James and Sharon Carter, Anaheim AApnlication This application involves a request to establish a restaurant facility with on -sale alcoholic beverages and live entertainment in a portion of the Pacifica Marine Building located in the Mariner's Mile Specific Plan and the acceptance of an off -site parking agreement for a portion of the required off - street parking. Valet parking is also proposed in conjunction with the proposed development. In accordance with Section 20.62.040 B. of the • Newport Beach Municipal Code, restaurants are permitted use within the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan subject to the approval of a use permit in each case. Use permit procedures are set forth in Section 20.80 of the Municipal Code. Standards for off - site parking are set forth in Section 20.30.035.D of the Municipal Code. The proposal also includes a request to approve a traffic study so as to allow the proposed conversion of a portion of the existing office space to restaurant use. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. Request to permit the establishment of a nighttime only restaurant with on -sale alcoholic beverages, live entertainment and valet parking on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off - street parking to be located in the Mariner's Mile Commercial Center, at 2700 West Coast Highway. • LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, Parcel Map 73 -23, located to the rear of 2700 West Coast Highway on the northerly side of West Coast Highway (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: James and Sharon Carter, Anaheim AApnlication This application involves a request to establish a restaurant facility with on -sale alcoholic beverages and live entertainment in a portion of the Pacifica Marine Building located in the Mariner's Mile Specific Plan and the acceptance of an off -site parking agreement for a portion of the required off - street parking. Valet parking is also proposed in conjunction with the proposed development. In accordance with Section 20.62.040 B. of the • Newport Beach Municipal Code, restaurants are permitted use within the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan subject to the approval of a use permit in each case. Use permit procedures are set forth in Section 20.80 of the Municipal Code. Standards for off - site parking are set forth in Section 20.30.035.D of the Municipal Code. The proposal also includes a request to approve a traffic study so as to allow the proposed conversion of a portion of the existing office space to restaurant use. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. 0 0 TO: Planning Commission -2. Conformance with the General Plan and Local Coastal Program The subject property is in the Mariner's Mile Specific Plan area, and is designated for "Recreational and Marine Commercial" uses in the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan. The proposed restaurant is a permitted use upon securing a use permit. Inasmuch as the project is located in the Coastal Zone, a Coastal Permit will be required prior to the issuance of building permits. Subject Property and Surrounding Land Use Environmental Significance subject property. To the north, across West This project has been reviewed, and it has been determined that it is • categorically exempt under Class 3 (new construction or conversion of small the west, is the structures) from the requirements of the California Environmental Quality Act. • Conformance with the General Plan and Local Coastal Program The subject property is in the Mariner's Mile Specific Plan area, and is designated for "Recreational and Marine Commercial" uses in the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan. The proposed restaurant is a permitted use upon securing a use permit. Inasmuch as the project is located in the Coastal Zone, a Coastal Permit will be required prior to the issuance of building permits. Subject Property and Surrounding Land Use At its meeting of January 21, 1982, the Planning Commission approved Use Permit No. 2003 (Revised) which permitted the establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment on the ground floor portion of the existing Pacifica Marine Building located on the subject property. Said approval also included the use of a full time valet parking service in conjunction with the restaurant and the use of compact parking spaces for a portion of the required off - street parking. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated January 21, 1982. At its meeting of March 8, 1982 the City Council reviewed and sustained the decision of the Planning Commission relative to Use Permit No. 2003 (Revised). Said action wa& taken with the findings and conditions set forth by the Planning Commission. Attached for the Planning Commission's information is an excerpt of the City Council minutes dated March 8, 1982. The use permit subsequently became null and void, inasmuch as the restaurant use was never established prior to the expiration date. • Analysis The applicant is again proposing to establish a nighttime only restaurant use on the ground floor portion of the existing office building. Said restaurant will contain 1,691± sq.ft. of "net public area" and will be open from 5:00 p.m. to 2:00 a.m. daily. The proposed restaurant will also include the on -sale service of alcoholic beverages in conjunction with a full service bar and live entertainment which will involve live piano music within the lounge and dining areas. Approximately 11 employees will be on- site during peak hours of operation. The applicant is also proposing to I �/ A two -story commercial structure and related parking area exist on the subject property. To the north, across West Coast Highway are commercial uses; to the east, is the Rusty Pelican Restaurant facility; to the south, across Newport Bay are residential uses; and to the west, is the site of the existing Chart House Restaurant /Office complex. • Background At its meeting of January 21, 1982, the Planning Commission approved Use Permit No. 2003 (Revised) which permitted the establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment on the ground floor portion of the existing Pacifica Marine Building located on the subject property. Said approval also included the use of a full time valet parking service in conjunction with the restaurant and the use of compact parking spaces for a portion of the required off - street parking. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated January 21, 1982. At its meeting of March 8, 1982 the City Council reviewed and sustained the decision of the Planning Commission relative to Use Permit No. 2003 (Revised). Said action wa& taken with the findings and conditions set forth by the Planning Commission. Attached for the Planning Commission's information is an excerpt of the City Council minutes dated March 8, 1982. The use permit subsequently became null and void, inasmuch as the restaurant use was never established prior to the expiration date. • Analysis The applicant is again proposing to establish a nighttime only restaurant use on the ground floor portion of the existing office building. Said restaurant will contain 1,691± sq.ft. of "net public area" and will be open from 5:00 p.m. to 2:00 a.m. daily. The proposed restaurant will also include the on -sale service of alcoholic beverages in conjunction with a full service bar and live entertainment which will involve live piano music within the lounge and dining areas. Approximately 11 employees will be on- site during peak hours of operation. The applicant is also proposing to I �/ 0 0 TO: Planning Commission -3. alter the southerly elevation of the building, adjacent to the bay, so as to increase the view opportunities for restaurant patrons. Such alterations • will involve the construction of several new windows on the ground floor portion of the building which will be designed in a saw tooth pattern. Said construction will increase the gross floor area of the building by approximately 88 square feet. The following outline reflects the major characteristics of the proposed project: The project meets or exceeds all applicable development standards for the Mariner's Mile Specific Area Plan. 1 18 of the applicant's 32 on -site spaces have previously been given to Gordon Barienbrock in conjunction with a previously approved off -site • parking agreement for the adjoining development at 2801 West Coast Highway. 2 The applicant currently maintains an off -site parking agreement which allows his use of 50 parking spaces in the Mariner's Mile Commercial Center after 5:00 p.m. daily. Of these 50 spaces, the applicant has previously given 30 of them to Gordon Barienbrock in conjunction with the adjoining development at 2801 West Coast Highway. Therefore, 20 off -site parking spaces are available to the applicant even though he only needs 11 off -site spaces to satisfy his nighttime parking requirement (32 on -site spaces + 11 off -site spaces — 43 required spaces). iZ Lot Area: 23,983 sq.ft. Existing Gross Floor Area (Office Only): 6,793± sq.ft. Existing Floor Area Ratio: .283 Proposed Gross Floor Area (Restaurant /Office Combined): 6,881± sq.ft. Permitted Floor Area Ratio (As established by General Plan) .3 Proposed Floor Area Ratio: .287 Proposed "Net Public Area" of Restaurant: 1,691.5 sq.ft. Proposed Net Floor Area of Office Use: 2,964.5 sq.ft. • Required Restaurant Parking (Nighttime Only): One space for each 40 sq.ft, of "Net Public Area ": 43 spaces Required Office Parking (Daytime Only): One space for each 250 sq.ft. of Floor Area: 12 spaces Proposed Parking: (See discussion below) Daytime (Office Only): 14 spaces (on- site)1 Nighttime (Restaurant Only): 32 spaces (on -site 20 soaces(off- site)) 2 52 spaces total The project meets or exceeds all applicable development standards for the Mariner's Mile Specific Area Plan. 1 18 of the applicant's 32 on -site spaces have previously been given to Gordon Barienbrock in conjunction with a previously approved off -site • parking agreement for the adjoining development at 2801 West Coast Highway. 2 The applicant currently maintains an off -site parking agreement which allows his use of 50 parking spaces in the Mariner's Mile Commercial Center after 5:00 p.m. daily. Of these 50 spaces, the applicant has previously given 30 of them to Gordon Barienbrock in conjunction with the adjoining development at 2801 West Coast Highway. Therefore, 20 off -site parking spaces are available to the applicant even though he only needs 11 off -site spaces to satisfy his nighttime parking requirement (32 on -site spaces + 11 off -site spaces — 43 required spaces). iZ TO: Planning Commission -4. Recuired Off- Street Parking • The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the subject property. The daytime office use will require 12 spaces based on a formula of one parking space for each 250 sq.ft. of net floor area (2,964± sq.ft. t 250 — 11.8 or 12 spaces) . The nighttime restaurant use will require 43 spaces based on a formula of one parking space for each 40 sq.ft. of net public area (1,691± sq.ft. t 40 sq.ft.— 42.27 or 43 spaces). It should also be noted that the restaurant parking requirement could vary from one parking space for each 30 sq.ft. of net public area (57 spaces) to one parking space for each 50 sq.ft, of net public area (34 spaces). Staff feels that one parking space for each 40 sq.ft. of net public area should be adequate since no dancing is proposed in conjunction with the proposed restaurant. The Marine Department has indicated that there is a current Harbor Permit in effect at the subject property. The existing docks provide the space for approximately 16 boats. So long as these docks are used in conjunction with the existing Yacht Brokerages on the subject property, then no additional parking would be required. However, should this dock space be used for any other purpose such as leasing space for moorings to the public, then parking would be required at the ratio of .75 spaces per each feet of tie space. • Based upon the City's Harbor Permit Policy, a total of 12 spaces (.75 x 16 tie spaces) would be required. Proposed Parking The applicant proposes to satisfy all of the daytime parking requirement (office only) with available on -site spaces. The nighttime parking (restaurant only) will be satisfied through a combination of on -site parking, and off -site parking in the Mariner's Mile Commercial Center parking area. Thirty -two (32) on -site parking spaces are proposed on the subject property (existing parking area will be restriped). Inasmuch as only 12 of the parking spaces are needed by the applicant during the day, 18 of the excess spaces have been provided to Gordon Barienbrock in conjunction with a previously approved off -site parking agreement for the adjoining development at 2801 West Coast Highway. It should also be noted that 9 of the proposed 32 parking spaces are proposed to be compact spaces. Inasmuch as the City has recently adopted the new universal parking standard, the City Traffic Engineer is recommending that no compact parking spaces be permitted within the Pacifica Marine property and that the proposed on -site parking be • redesigned in accordance with the new parking design standard. The proposed nighttime parking (restaurant only) will include all of the applicant's 32 on -site parking spaces and up to 20 off -site parking spaces in the Mariner's Mile Commercial Center parking area. The use of the on- site parking spaces will be facilitated by the closing of the second floor office uses at 5:00 p.m. during the week and all day on Saturday and Sunday. The applicant will require said offices to close at the necessary times so 9 0 TO: Planning Commission -5. as to accommodate the proposed restaurant use. The applicant has obtained permission to use a total of 50 parking spaces in the off -site location • although as previously indicated, 30 of the spaces have been subleased to Gordon Barienbrock in conjunction with his previous adjoining development. The applicant is also proposing to use a valet parking service in conjunction with the nighttime restaurant use. Due to the complex nature of the proposed parking arrangements, staff has prepared the attached chart which outlines the parking proposals for both Mr. Clark's project and Mr. Barienbrock's project. Reauired Findings For The Use Of Off -Site Parking In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in conjunction 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 • surrounding 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 of a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of 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 regulation applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Staff has no objections to the proposed off -site parking spaces for the restaurant provided that they will be used exclusively by employees of the • restaurant. Traffic Study Due to the proposed change in use from office to restaurant on the ground floor portion of the building, the net increase in the average daily trips generated by the project exceeds 137. Therefore, in accordance with the S �' TO: Planning Commission -6. The first step in evaluating intersections is to conduct a 18 Traffic Volume Analysis, taking into consideration existing traffic, regional growth and the traffic of previously committed projects. For any intersection where, on any approach leg, the project traffic is estimated to be greater than 18 of the projected morning and afternoon peak two and one -half hour volume, Intersection Capacity Utilization (ICU) is required. Results of the one percent test indicate that the project traffic exceeded 18 of projected traffic on an approach leg of the West Coast Highway / Riverside Avenue intersection during the evening. An ICU Analysis was conducted for this intersection, with the intersection capacity utilization ratios as shown in the following table: • SUMMARY OF ICU /LOS WEST COAST HIGHWAY AT RIVERSIDE AVENUE SCENARIO EVENING PEAK 1. Existing (1988) 0.76/C 2. 1990 + Cumulative 0.89/D 3. 1990 + Cumulative + Project 0.89/D As illustrated, the projected ICU ratios do not exceed 0.90 in the worst case evening period. Therefore the project meets the requirements of the Traffic Phasing Ordinance at this intersection. Public Access The Coastal Act of 1976 requires that "public access from the nearest public • roadway to the shoreline and along the coast shall be provided in new development projects... ". Section 30620(b) of the Coastal Act requires "Commission adoption of specific procedures and guidelines... necessary to better carry out (The Coastal Act) ". Pursuant to this requirement, the Coastal Commission adopted definitions of vertical and lateral access which specify these types of access to be: "A recorded dedication or easement... ". :f City's Traffic Phasing Ordinance, the applicant is required to obtain the • approval of a traffic study for the proposed restaurant use. As required, a traffic study was performed for the proposed development in conformance with the City's Traffic Phasing Ordinance and City Council Policy S -1. The proposed project is expected to be completed in 1989. Analyses were therefore completed for 1990. The City Traffic Engineer identified six (6) intersections which could be affected by the project at full occupancy. The first step in evaluating intersections is to conduct a 18 Traffic Volume Analysis, taking into consideration existing traffic, regional growth and the traffic of previously committed projects. For any intersection where, on any approach leg, the project traffic is estimated to be greater than 18 of the projected morning and afternoon peak two and one -half hour volume, Intersection Capacity Utilization (ICU) is required. Results of the one percent test indicate that the project traffic exceeded 18 of projected traffic on an approach leg of the West Coast Highway / Riverside Avenue intersection during the evening. An ICU Analysis was conducted for this intersection, with the intersection capacity utilization ratios as shown in the following table: • SUMMARY OF ICU /LOS WEST COAST HIGHWAY AT RIVERSIDE AVENUE SCENARIO EVENING PEAK 1. Existing (1988) 0.76/C 2. 1990 + Cumulative 0.89/D 3. 1990 + Cumulative + Project 0.89/D As illustrated, the projected ICU ratios do not exceed 0.90 in the worst case evening period. Therefore the project meets the requirements of the Traffic Phasing Ordinance at this intersection. Public Access The Coastal Act of 1976 requires that "public access from the nearest public • roadway to the shoreline and along the coast shall be provided in new development projects... ". Section 30620(b) of the Coastal Act requires "Commission adoption of specific procedures and guidelines... necessary to better carry out (The Coastal Act) ". Pursuant to this requirement, the Coastal Commission adopted definitions of vertical and lateral access which specify these types of access to be: "A recorded dedication or easement... ". :f TO: Planning Commission -7. As shown on the attached plot plan, the applicant is proposing to provide an 8 foot wide public access easement along the bay and a 6 foot wide public access easement along the easterly property line. The Public Works Department has noted that the existing ground floor portion of the building maintains a 10± foot setback from the existing bulkhead. Therefore, the Public Works Department is recommending that the public access easement adjacent to the bay be a minimum of 10 feet wide. The applicant is opposed to this requirement inasmuch as it is his intention to construct new saw tooth windows along the bay side elevation of the building which reduces the ground floor setback from the bulkhead to 8± feet. For the Planning Commission's information staff has prepared the following table which sets forth the width of bay side access easements for other approved projects in Mariner's Mile. Lancer Landing; 3101 West Coast Highway 10 ft. John Dominis Restaurant /Office; 2901 West Coast Highway 10 ft. • Chart House Restaurant /Office; 2801 West Coast Highway 6 ft. Turnstone Marine Center; 2431 -2507 West Coast Highway 10 ft. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circula- tion, walls surrounding the restaurant site, landscaping, exterior illumina- tion, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to walls, landscaping and parking lot illumination, should be waived if the • Planning Commission approves this application because of the existing developed nature of the site. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for t The City of Newport Beach has consistently required dedicated access • easements for new developments proposed change in use of on the bay. the existing It is staff's opinion that the building constitutes a new development and, therefore, the public access requirement should be imposed. As shown on the attached plot plan, the applicant is proposing to provide an 8 foot wide public access easement along the bay and a 6 foot wide public access easement along the easterly property line. The Public Works Department has noted that the existing ground floor portion of the building maintains a 10± foot setback from the existing bulkhead. Therefore, the Public Works Department is recommending that the public access easement adjacent to the bay be a minimum of 10 feet wide. The applicant is opposed to this requirement inasmuch as it is his intention to construct new saw tooth windows along the bay side elevation of the building which reduces the ground floor setback from the bulkhead to 8± feet. For the Planning Commission's information staff has prepared the following table which sets forth the width of bay side access easements for other approved projects in Mariner's Mile. Lancer Landing; 3101 West Coast Highway 10 ft. John Dominis Restaurant /Office; 2901 West Coast Highway 10 ft. • Chart House Restaurant /Office; 2801 West Coast Highway 6 ft. Turnstone Marine Center; 2431 -2507 West Coast Highway 10 ft. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circula- tion, walls surrounding the restaurant site, landscaping, exterior illumina- tion, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to walls, landscaping and parking lot illumination, should be waived if the • Planning Commission approves this application because of the existing developed nature of the site. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for t TO: Planning Commission -8. will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, 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. Further, Section 20.30.035 D of the Municipal Code sets forth the findings necessary to recommend the approval of off -site parking on a separate lot from the building site; and Section 15.40.030 of the Municipal Code sets forth the findings required to approve a traffic study. Should the Planning Commission wish to approve these applications, the findings and conditions set forth in the attached Exhibit "A" are suggested. However, should the Planning Commission wish to deny these applications, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner WWW:11 • Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of Planning Commission Minutes Dated January 7, 1982 and January 21, 1982 Excerpt of City Council Minutes Dated March 8, 1982 Parking Proposal Chart Traffic Study Plot Plan, Off -Site Parking Plan, Floor Plans and Elevations • n U TO: Planning Commission -9. EXHIBIT "A" • FINDINGS AND CONDITIONS OF APPROVAL FOR TRAFFIC STUDY NO. 52, USE PERMIT NO. 3328 AND OFF -SITE PARKING AGREEMENT A. Traffic Study No. 52 Findings: 1. That a traffic study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. 2. That the traffic study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any "major ", "primary- modified ", or "primary" street. 3. That the traffic study indicates the 'project- • generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on one leg of one critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersection which will have an ICU of .90 of less. B. Use Permit No. 3328 Findings 1. That the proposed development is consistent with the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do • not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 0 6 T0: Planning Commission -10. 6. That the applicant has entered into appropriate • leases for the off -site parking spaces, which are of sufficient duration for the proposed restaurant use. 7. That adequate parking exists to serve the proposed development. 11. The approval of Use Permit No. 3328 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. •I• -I- 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. • 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. 8. That the waiver of development standards as they pertain to walls, landscaping and parking lot illumination will not be detrimental to the adjoining properties. 9. That the hours of operation of the proposed restaurant facility and the existing remaining office uses are such as to allow joint use of the on -site parking area. 10. That the proposed modification to the Zoning Code so as to permit valet parking will not, under the circumstances of this particular 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 is consistent with the legislative intent of Title 20 of the Municipal Code. 11. The approval of Use Permit No. 3328 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. •I• -I- 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. • 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. • • • T0: Planning Commission -11. 0 3. That valet parking service may be provided in conjunction with the proposed restaurant's hours of operation. However, at least 4 on -site parking spaces shall be designated for self - parking and shall be identified in a manner acceptable to the City Traffic Engineer. 4. That the off -site parking area shall be used for employee parking only and that all employees shall park in the off -site parking location. A sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employee bulletin board. 5. That no compact parking spaces shall be permitted within the proposed development, unless otherwise approved by the City Traffic Engineer. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, to include the design and operation of the valet parking service. The applicant shall also prepare a revised parking plan which is consistent with the newly adopted universal parking design standards. Said parking plan shall be subject to the approval of the City Traffic Engineer. 7. That a minimum of one parking space for each 40 square feet of "net public area" shall be provided for the proposed restaurant. 8. That the hours of operation for the proposed restaurant shall be limited between 5:00 p.m. and 2 :00 a.m. daily. The applicant shall record a covenant against the property, the form and content to be approved by the City Attorney, which will guarantee that all nighttime on -site parking shall be for the exclusive use of the subject restaurant, and that all other uses on the site will be closed after 5:00 p.m. 9. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 10. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. T0: Planning Commission -12. 12. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 13. That a trash compactor shall be installed in the restaurant facility. 14. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. • 16. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code, and shall conform to Std. 110 -L. 17. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 19. That the intersection of the private drive and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and walls within the sight line shall not exceed twenty -four • inches in height. 20. 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 in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm is drains, unless otherwise approved by the Building Department. 12. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 13. That a trash compactor shall be installed in the restaurant facility. 14. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. • 16. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code, and shall conform to Std. 110 -L. 17. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 19. That the intersection of the private drive and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and walls within the sight line shall not exceed twenty -four • inches in height. 20. 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 in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The T0: Planning Commission -13. 0 top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). • 21. That a 10 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other materials meeting the approval of the Public Works Department. 22. That a 6 foot wide easement be granted to the City along the easterly side property line between West Coast Highway and the bay in order to provide unobstructed public access to the bay. Said easement shall be improved with a concrete sidewalk or other material meeting the approval of the Public Works Department with signs to inform the public of its existence. 23. That the entrance drive be reconstructed to conform to City Std. 166 -L. This work will require a Caltrans Encroachment Permit. • 24. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. 25. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 26. That no outdoor sound or paging system shall be utilized on -site and all music from the live entertainment shall be confined to the interior of the building and all doors and windows shall be closed while the live entertainment is performed. 27. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required harbor permits and provide the necessary upland • support facilities i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. `l • 1r u is 0 0 T0: Planning Commission -14. 28. 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. 29. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. sc% ,� I • l� u • TO: Planning Commission -15. EXHIBIT "B" FINDING FOR DENIAL FOR TRAFFIC STUDY NO. 52, USE PERMIT NO. 3328 AND OFF -SITE PARKING AGREEMENT A. Traffic StudyNo. 52 There are no findings or conditions required for a traffic study involving a project that is denied. B. Use Permit No. 3328 Findings: 1. That the proposed restaurant use on a portion of the subject property represents a land use of greater intensity than that which is presently existing on the property. 2. That said restaurant will require a greater amount of parking and generate more traffic than the existing office uses. 3. The proposed off -site parking lot is not located as to be useful in connection with the proposed use or uses on the building site or sites inasmuch as the off -site location is approximately 500 feet from the subject property. 4. That the establishment, maintenance or operation of the use or building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, and be detrimental or injurious to property and improvement in the neighborhood, and the general welfare of the City. :1 L. J I �e �n, C -1 -M r � O A rrc�Nrrr MAC'' I x —� srxrn- L ---- A\ i ,re MwI W a \\ \\ 100 M41 NS DISTRICTING MAP NPORT BEACH - CALIFORNIA AGRICULTURAL RESIDENTIAL R—A MIA.TIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL C -1 LIGHT COMMERCIAL DUPLEX RESIDENTIAL C —a GENERAL COMMERCIAL n —1 I RESTD. MULTIPLE RLIRLY RESIOENTU M -1 MAUUFACTVUIND ORD. N0. •a% COMGIMING DISTRICTS UNCLASSIFIED F YARD 5 A M N THUS: -0— LIMITED COMMERCIAL DEC ]f,1860 Tg4ff IC STd 00 52 4WD LKM ?l5rW rr 140. 3328 �� COMMISSIONERS MINUTES January 7, 1982 City of Newport Beach ROIL CALL INDEX • Request to permit the construction of an office building and restaurant with on -sale alcoholic beverages in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 25 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The Item 1%12 USE PERMIT N0. 2051 proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of required off - street parking and to allow proposed parking spaces to encroach into the required front setback area, valet service for the restaurant use and the acceptance of an off -site parking agreement for ,a portion of the required off - street parking. Said application also includes the acceptance of an environmental document. A AND AND Request to consider a traffic study for a 22,400 sq. ft. ± combined office building and restaurant facility Item N13 • in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. LOCATION: A portion of Lot H, Tract 919, located TRAFFIC at 2801 West Coast Highway, on the STUD — southerly side of West Coast Highway, westerly of Riverside Avenue, in the Mariner's Mile Specific Plan Area., ZONE: SP -5 APPLICANT: Gorden S. Barienbrock, Newport Beach OWNER: Same as applicant AND AND Request to establish a restaurant facility with on -sale alcoholic beverages and live entertainment in a portion Item q14 of the Pacifica Marina Building on Mariner's Mile, and the acceptance of an off -site parking agreement for a • portion of the required parking spaces. The proposal also includes to the Zoning USE ERMIT N0. a modification Code so as to allow the use of compact car spaces for.a portion of BV15e the required parking. Valet parking is also proposed in conjunction with the proposed development. -19- / -f "1 COMMISSIONERS S January 7, 1982 • MINUTES H 3 City of Newport Beach R011CAL11 111 1111 INDEX • • LOCATION: A portion of Lot H, Tract 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: William J. Clark, Newport Beach OWNER: Same as applicant Agenda Item Nos. 12, 13 and 14 were heard concurrently due to their relationship. Vice - Chairman King asked the applicant's attorney to comment on the status of the legal litigation on the property. Mr. Gary Taylor, attorney, stated that the court ruled yesterday, that the majority control provisions of the tenant -in- common agreement are valid and enforceable. He stated that the 94 percent majority are processing this application and therefore, the Commission should proceed with these items. The public hearing opened in connection with these items and Mr. Gorden Barienbrock, the owner and developer of the property located at 2801 W. Coast Highway, appeared before the Commission. Mr. Barienbrock described to the Commission the proposed marine orientated project. He stated that they are requesting a density of .8 and a height limit of 35 feet. He stated that the requested four additional feet will enable the project to have a third floor, which will restrict the building to two- thirds of the lot and allow for a view corridor. He explained the proposed setbacks and the proposed width of the view corridor. He stated that if he were to build a two -story building across the width of his property, the view corridor would be lost. Mr. Barienbrock distributed to the Commission a view impact sheet which listed surrounding properties and areas which have a view of the site. He then delivered a slide presentation to the Commission which depicted -20- ALL CONTINUED TTU J NAY 21, 1982 -/"0 � 7 COMMISSIC)NERS • January 7, 1982 MINUTES or o LLD w N City of Newport Beach ROLL CALL INDEX • • the subject property and surrounding areas which have a view of the site. He stated that the view corridor will enhance the view to the Bay and will allow for additional access to the Bay. Mr. Randy Atherton, representing the Nantucket Lobster Trap Restaurants, described to the Commission the operational characteristics of the proposed restaurant use. He stated that the restaurant will primarily be a dinner house, with no request for live entertainment. Mr. Stephen Forde, 6 percent owner of the Pacifica Marina property, adjacent to the property in question, appeared before the Commission. Mr. Forde referred to his letter to the Commission dated January 6, 1982, and stated that the findings of the trial will not be ready for two weeks. He stated that the parking requirements of the Pacifica Marina property impact the Barienbrock property. He stated that parking allowances must be made for the people who are leasing the boat spaces. He further stated that many of the tenants of the office building are under a special provision to lease the parking spaces separately. He stated that these people would appear to have a 24 -hour right to these parking spaces. He also expressed his concern with the proposed compact car spaces. Mr. Forde further stated that he has not given his consent for this project. In response to a question posed by Planning Director Hewicker, Mr. Forde stated that the boat slips in front of the Pacifica Marina property are essentially being operated as a marina, as opposed to boats for sale. Mr. Forde stated that of the 16 boats in question, only one or two are involved in the yacht brokerage operation, Planning Director Hewicker stated that a commercial marina would require an amended harbor permit, proper parking facilities and restrooms. In response to a question posed by Commissioner Balalis, Mr. Forde stated that the Pacifica Marina application and the proposed Barienbrock project are related because they use the same ingress and egress and similar parking spaces. Mr. Forde stated that Mr. Clark of the Pacifica Marina application, does not have the authority to execute an agreement for the parking with Mr. Barienbrock. -21- /9 a 7c d C m z s�xv January 7, 1982 . MINUTES of Newport Beach ROI L CALL 1 1 1 1 1 1 1 1 1INDEX Motion Ayes Noes Absent 0 • In response to a question posed by Vice- Chairman King, . Mr. Bob Burnham, Acting City Attorney, stated that in the event a commercial marina were in operation, the issue of mutual ingress, egress and parking would have to be defined. *IXIX r I Motion was made to continue these items to the Planning IU( Commission Meeting of January 21, 1982, during which time the City Attorney and the Planning Department staff be made fully aware of any and all agreements on these properties, which MOTION CARRIED. Mr. William Clark, applicant of the Pacifica Marina request, stated that he would like to comment on the discussion. Vice - Chairman Icing stated that the public hearing had already been closed on these items. Commissioner Beek stated that he voted No on the motion, because he had wanted to hear the applicants' response to the allegations. Item 415 Request to consider a traffic study for a proposed 37,588 sq. ft. t bank and commercial office building. TRAFFIC AND STUDY— quest to permit the construction of a permanent br ch facility for the Heritage Bank in the AND Uncla ified District that exceeds the basic height limit 1 the 32/50 Foot Height Limitation District. Item 416 The propo 1 also includes the use of drive -up teller facilities Xthecceptance rking, a modification to the Zoning Code allow the use of compact car USE PERMIT spaces for of the required off - street N0. 2046 parking, an of an environmental document. LOCATION: Lot 716, Ne rt Mesa Tract, located at Roth 1522 Placenti Avenue, on property Continued bounded by Plac tia Avenue, Superior to January Avenue and Fifteent treat, in the West pj 1982 Newport Triangle area. ' -22- �6 • • • `� CUMMI»1VrvtK� � � c � c n v /^ o n Jt m • It ��o�mmm January 21, 1982 • of Newr)ort Beach Request to establish a restaurant facility with on -sale alcoholic beverages and live entertainment in a portion of the Pacifica Marina Building of Mariner's Mile, and the acceptance of an off -site parking agreement for a portion of the required parking spaces. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the required parking. Valet parking is also proposed in conjunction with the proposed development. LOCATION: A portion of Lot H, Tract 919, located at 2751 West Coast Highway on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: William J. Clark, Newport Beach OWNER: Same as applicant MINUIES Commissioner Allen and Commissioner Kurlander stated that they have reviewed the previous Planning Commission minutes and staff reports relating to this item. The public hearing opened in connection with this item and Mr. William Clark, the applicant, appeared before the Commission. Mr. Clark stated that the daytime and nighttime parking requirements will be satisfied. Mr. Clark referred to Condition of Approval No. 17 and asked why the 10 foot wide .easement must be dedicated for a remodel request. He stated that he can understand why a new development must dedicate such an easement. Vice - Chairman King stated that the cooperation of all of the land owners is needed in order to gain an easement around the interior of the bay. -38- INDEX Item #13 USE PERMIT N0. 2003 Revised) APPROV:C CONDI- TIONALLY '7 1 r-• COMMISSIONERS January 21, 1982 • MINUTES �x r c of Newport Beach ROLL CALL I-T I I I I I I I INDEX • • • Mr. Bob Burnham, Acting City Attorney, stated that the applicant can be assured that if there are plans to remodel or encroach into the public access area, that arrangements can be made for the construction of another access area bayward of the new development, or some other arrangement to ensure public access. Commissioner Beek stated that he can understand Mr. Clark's concern with the easement. Mr. Burnham explained why a condition for relocation of the easement upon future development should not be imposed. Commissioner Balalis asked if an irrevocable offer to dedicate the easement would solve the problem. Mr. Burnham stated that that an irrevocable offer does not allow for the public access rights currently. Mr. James Carter, majority owner of the property, suggested that until the 10 foot easement at the bulkhead line is used, temporarily the applicant could give an existing easement across the rear of the building. He stated that this will give the City what it needs and will still give the applicant the maximum amount of rights at a later date. Mr. Burnham stated that once the public access easement is granted, it will require City Council action to change or vacate it. He stated that the suggestion by Mr. Carter will only create two separate problems, both of which would require City Council action. Vice - Chairman King suggested that the following be added to Condition No. 17, "That the granting of which does not preempt the right of the property owner to come back at a future time with a design change." Commissioner Beek suggested that the following be included in the minutes: "That the Planning Commission intends that if the property owner should come back and redevelop the property further out into the bay, that the City would abandon this easement and accept another one along the new bulkhead." Vice - Chairman King stated that this is the intent of Condition of Approval No. 17. -39- low '1 COMMISSIONERS n � d = m a : January 21, 1982 • MINUTES I City of Newport Beach ROLL CALL INDEX Motion X Motion was made to approve Use Permit No. 2003 All Ayes X * X X X X X (Revised) and the Off -Site Parking Agreement, subject to the findings and conditions of Exhibit "A" and, revise Condition No. 13 to replace the words "remain in order" with "remain in operation "; Condition No. 3 be amended to add, "and that the valet service shall not park vehicles anywhere but on the subject property" Condition No. 11 be modified by adding "that a sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employees bulletin board "; Condition No. 17 be revised to reflect that the granting of which does not preempt the right of the property owner to come back at a future time with a design change; and, Condition No. 21 to be revised as suggested by staff in the January 21, 1982 staff report, which MOTION CARRIED, as follows: • FINDINGS 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed restaurant use. -40- ,: f • • • r • F r � City January 21, 1982 • of Newwrt Beach 7. The proposed use of compact car spaces will not, under the circumstances of this particular 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 is consistent with the legislative intent of Title 20 of this Code. S. The approval of Use Permit No. 2003 (Revised) 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. CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. Than an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. 3. That valet parking service be provided at all times during the restaurant's hours of operation and that the valet service shall not park vehicles anywhere but on the subject property. IVIIIVV II% 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. -41- INDEX CNN- �c J 11 L � r c d - m Q O � JC an d • January 21, 1982 • of Newport Beach MINUTES ROLLCALLI III Jill I INDEX • • 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 8. That noise from live entertainment shall be confined to the interior of the facility. 9. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 10. That the on -site circulation and parking system be approved by the City Traffic Engineer. 11. That all restaurant employees shall park their vehicles in the approved off -site parking location and that a sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employee bulletin board. 12. That the existing card key gate and spikes be removed from the subject property. 13. That the existing floating dry dock shall remain in operation to provide the required incentive use in conformance with the Draft Local Coastal Plan. 14. That a minimum of one parking space /250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space /40 sq. ft. of net public area shall be provided for the restaurant use. -42- CIA;, wrvvv.umnNw MINUTES • January 21, 1982 • Z x F m m o City of Newport Beach ROLL CALL INDEX • r • 15. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. That a 10 foot wide easement be dedicated to the City for unobstructed public access across the bay side of the parcel and that the granting of which does not preempt the right of the property owner to come back at a future time with a design change for said easement. 18. That the existing telephone lines along the West Coast Highway Frontage be undergrounded. 19. That any proposed landscaping adjacent to the public right -of -way be approved by the Public Works Department. 20. That a 6 foot wide by 28 foot t long concrete sidewalk widening be provided between the exit drive and the easterly property line. 21. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities. i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking, spaces for each 25 feet of available mooring space not classified as a slip. r f -43- • • • Ocv Y OF NEWPORT BEAR C �� 9L X92 2 MINUTES ROLL CALL �s'P March 8, 1982 INDEX Motion x Ac ec pted_the Environmental Document; modified All Ayes decision o-CrImuning Commission and extended term of Use Permit for 1�' months (to September 30, 1983), with City Council review -- t the end of said 18 -month period. In addition, deleted Conditions No. 2 and 3. 5. Mayor Pro Tem Hart opened the public hearing and U/P 2003(R) City Council review of an appeal by STEPHEN C. (88) F'W91 9AWK%TR0, fiom the ipproval'of the Plan - n n' g- Commiesion on January 21, 1982, of USE PERMIT — ..._..._._....... .. N0. 0 REV l.Ybr a request to establish a restau- rant facility with on -sale alcoholic 6everages and live_enter[ainment iri a portion of the Pacific Marina Building on Mariners Mile. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the required parking. Valet parking is also proposed in conjunction with the proposed development. Property located at 2751 West Coast Highway on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue; zoned SP -5. Report from the Planning Department, was presented. Appeal application from Stephen C. Forde of Febru- ary 10, 1982. The City Clerk advised that after the printing of the agenda, a letter was received from Stephen Fords, Appellant, stating that an injunction had been issued on March 3, prohibiting Messrs. Clark and Carter from executing any leases for the pro- posed restaurant or committing any other acts in furtherance of the restaurant proposal. In view of the foregoing, Mr. Forde requested his appeal be taken off calendar and continued until such time as Messrs. Clark and Carter are free to pursue the restaurant proposal. Mr. Fords also advised that in view of court action, he would not be in attendance at the public hearing. The Director of Planning reviewed the Parking Proposal Chart, as set forth on page 37 of the staff report, and answered questions presented by Council. William Clark, Applicant, 111 -42nd Street, ad- dressed the Council in support of the appeal. He stated he did not have anything new to add, and commended the staff on their thorough report. Robert Hopper, Consultant representing the Appel- lant, Stephen C. Fords, 513 Poppy Avenue, stated that it was his understanding from Mr. Fords's attorneys this item would be continued. If this is correct, he would suggest it be sometime after April 5. Volume 36 - Page 83 _g'7 • 0 0 CQ \U \N\C��Cyi9�I ME %BRS Y OF NEWPORT BE#,,;* MINUTES ROLL CALL W March B, 1982 INDEX Mr. Hopper stated that Mr. Gordon Barienbrock, adjacent property owner, has been apprised of Mr. Fords's position, and it is the opinion of Mr. Fords that if Mr. Barienbrock has a problem, he should pursue it through the legal system apd not through a Council hearing. Gordon Barienbrock, 3000 W. Ocean Front, owner of property adjacent to proposed use, stated that he felt Mr. Fords should not use the City Council as a legal body to pass judgment as to whether this project is "right or wrong." Motion x Hearing no others wishing to address the Council, All Ayes the public hearing was closed. Motion x Sustained decision of Planning Commission, with the Ayes x x x x findings and conditions of approval designated as Noes x Exhibit "A" of the�eteff- report. 6. Mayor Pro Tem Hart opened the public hearing and Resub 707 City Council review of a decision of the Planni (84) Commission on February 18, 1982, approving RES - DIVISION NO. 707, a request of JEFFREY A. HAR ENTERPRISES, NEWPORT BEACH, to create four p reels of land for single- family residential purp 6es where a portion of one lot presently existZ, and the acceptance of an Environmental Document. Prop- erty located at 2961 Cliff Drive, constituting the entire easterly side of Santa Ana Aven %e between Cliff Drive and an unimproved portion of Avon Street in Newport Heights; zoned R-11. Report from the Planning Departm/e�t, was presented. Letter with map attached, fro 1 ,+ r. and Mrs. Hesse, urging denial of Resubdivisio2 No. 707, was pre- sented. The City Clerk advised /�.te.:ived fter the printing of the agenda, a letter wa from Maurice F. McDonnel, in oppositior( to the request for a lot split. Mayor Pro Tem Hart asked staff if there was a possi bility of doing a further study regarding the extension of A Street. The Director f Public Works stated that the techni cal feasibi ty of the extension of Avon Street has been inves gated in some detail by the Applicant's engineer, jointly with the City staff. It does appear at with some modest realignment, some retain g wall construction, and a great deal of slope construction, that the extension could be cone rutted. With respect to the desirability of th extension, as indicated, it would improve both c culation 1n the immediate area and access to am of the parcels that face on Pacific Coast Highway. oVolume 36 - Page 84 i PARKING PROPOSAL CHART • • BARIENBROCK DAY PARKING I I DAY PARKING Required 12 Required 64 Has (on -site) 32 Has (on -site) 48 Excess (on -site) 20 Has (partially on -site) 7 Needs (off -site) 9 Has (off -site) 18 NIGHT PARKING Required Has (on -site) Needs (off -site) Has (off -site) Excess (off -site) AGREEMENT ""A" • CLARK GIVES 18 OF HIS 20 EXCESS SPACES 32 TO BARIENBROCK FOR DAY USE ONLY • • BARIENBROCK DAY PARKING I I DAY PARKING Required 12 Required 64 Has (on -site) 32 Has (on -site) 48 Excess (on -site) 20 Has (partially on -site) 7 Needs (off -site) 9 Has (off -site) 18 NIGHT PARKING Required Has (on -site) Needs (off -site) Has (off -site) Excess (off -site) AGREEMENT "B" Mariner's Mile Co. gives 50 excess parking spaces to Clark for night use only; includes provision to sublease 30 spaces to Barienbrock. AGREEMENT "A" Clark gives 30 of his 50 off - site spaces on the Mariner's Mile Co. site to Barienbrock for night use only. MARINER'S MILE CO. 50 excess nighttime parking spaces. / ./ A NIGHT PARKING 43 Required 80 32 Has (on -site) 48 it Has (partially on -site) 7 50 Needs (off -site) 25 39 Has (off -site) 30 AGREEMENT "B" Mariner's Mile Co. gives 50 excess parking spaces to Clark for night use only; includes provision to sublease 30 spaces to Barienbrock. AGREEMENT "A" Clark gives 30 of his 50 off - site spaces on the Mariner's Mile Co. site to Barienbrock for night use only. MARINER'S MILE CO. 50 excess nighttime parking spaces. / ./ A • Report 'On: TRAFFIC & CIRCULATION STUDY ANDREW'S RESTAURANT PACIFIC MARINE CENTER 2751 W. PACIFIC COAST HIGHWAY NEWPORT BEACH, CALIFORNIA 92660 PER CITY OF NEWPORT BEACH . TRAFFIC PHASING ORDINANCE Prepared For: CITY OF NEWPORT BEACH MS. PATRICIA LEE TEMPLE ENVIRONMENTAL COORDINATOR 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92658 Prepared By: • JUSTIN F. FARMER, TRANSPORTATION ENGINEERS, INC. 207 SOUTH BREA BOULEVARD BREA, CALIFORNIA 92621 l (714) 671 -0226 December 12, 1988 Our File F633 • r� • r1 V E INTRODUCTION 5 PROJECT DESCRIPTION At the present time the development at 2751 west Coast Highway in the City of Newport Beach is a multi -use type of complex containing approximately 6,719 square feet. The building is two stories of which the first story contains 3,437 gross square feet and the second contains 3,282 gross square feet. The proposal is to remodel the first floor in order to accommodate an Andrew's Restaurant. The subject building is located on the south side of Coast Highway within the Pacific Marine Center. Also within the Pacific Marine Center, is the Chart House Restaurant building which contains a Restaurant and a mixture of office uses. Directly north of the center is the John Dominis Restaurant, south of it is the Rusty Pelican and across Coast Highway is the Mariners Mile shopping center. Figure 1, Below is a photograph for the subject center, Figure 2 Page 3, illustrates the project site vicinity map and Figure 3, 4, and 5 on the following pages illustrate the project site plans. PROPOSED FIGURE 1 Looking south toward Pacific Marine Center. Andrew's Restaurant is proposed to be constructed at the building to the left. Land uses at the Chart House Restaurant building (to the right) will remain the same. JUSTIN F. FARMER 1 TRANSPORTATION ENGINEERS, INC. Vii. • The purposes of this report are to: 1) Forecast the amount and distribution of traffic associated with the proposed land use and determine the net change in traffic patterns as a result of converting office land uses (first story) to an Andrew's Restaurant. • 2) Assess the impact the project may have upon the adjacent street system, per the City's Traffic Phasing Ordinance. 3) Address project driveway volumes and impact (if any) on general traffic pattern on Pacific Coast Highway. 4) Review and evaluate the new site plan internal circulation. Data pertaining to this project was obtained from the City of Newport Beach active file. This data houses peak hour traffic counts, peak 2 -1/2 hour traffic counts, additional traffic as a result of cumulative projects and previous traffic analyses which were performed for the same parcel prior to construction. The data and the analysis is presented in the pages which follow. JUSTIN F. FARMER 2 TRANSPORTATION ENGINEERS, INC. ,f '1 3�- �y�`. ° r llWbwtOS GOV aNOR $T • - o zr •, I� ST ST : iORIA {+ ee, i A ry i•. + i!AX ° ST " 1(NOwELL Pl v ST `¢o ••yy��')) OEN. R f a 2 z x > / 3 a W 4 > 'BAY •,..� BYe • � t o {— WOV[ Wo � _,,,i KY16PL > � z ., a pp 7 ,�i, O �. ,. BAY .. � 6pvE5L > ONK 6� Q Sl .(R 1 • • f e•., � '� .`1 ��.. >�•Ys `/ ,'4 � /S� a`q�''uP� �v(` „�`,4[,',+v� i "•�' ` iO�NE�T� wE YDR «= as A + P y;• Ty �� I �� W �' .trF, CE r w .r? Y's Q Ra t '{ y, �: i eSR � 'ern' �• R 'S' i welnES.E MSIT, tE CT.v p cT Y .,w i✓Yc ALIMAR u R J y . P� P Ea .. 'k k -•� �. ' PEW CiT TN,EIYIlT CT XNN"CT `yet 5 y , cay yTC i i ' !iT'•. MTNaaIaCS 1. Cn �LO/ER CT NDYIEE W • I (.1 -jr 4i!y1. 4 y y ST CT _(`h �%'rww'\ �ra.�l •sr aX +u'"e` .y }� r, f �'�°' `�'x"° �� +ee'e aP � a��'3, t Q PRODUCTION k s }+r iN"rw'pn °6 `D$x 15" ST ♦� •ArTC� aonTN�� <• •�\ � SL .t'k' Y. �?y= d >. Mo ,.Sl."2.. •T �'ICl ( //R coos Tf SITE ,eo tT• ms ayM1rd i .s. w `� _ ,d Wr° P NElVN11T s} .�° SEE Es .Nq tit' H •Sw °�f �+V /•R •• A wARIOR :•. y �rti . •f ° •�l R AV 1 44 D lc_ o P ■ RS i nn'�.t..wnrw ,';r'.::...- •�•i r`rgg •, ° •f• +oo H 444III roH d'•°.p"„ : ef` vr`� �� .yP aT p' :.`.�,""w.` st>4.' byY.,Q4 4 eAt Nm •Q S = r ME 0 •co.cnoc -� I >qq5 ♦ o •+L '" �4b 1 ,V I d' Vi z 6 l n O It�','9a trSt C6o�� i ST sT4 \..f- +V •� a� °8 ur titti /.cy�5ia pR SEE / . I ...... °� � •71 0 Y^��\ +. .4� � P •.Bar �, B/ � l 4/, � °t s� � 5� • °° rs +8 ` ��y� jr°,Jr� �I t.ROA ste f�• ��.''.'.+s1 �8(� + +''a4 �b�6.4J' f't ' NAReos� ������.�/��.��. � Af + , `•; 1. f , � � - �-- /FAi�D ' ,LeMr V'iL ; a 4' b , ..• i r L .... .. xE ®1 a I �... .. ry, 5N _a' 1T 4p N AORT \\ I- `;�r •L65�+' S rcY.YSUU s° H d? '' a* E LC 4y ��r•��1R�www�C,000��uuuOp�— A /CL ty • 1� ' 4� • ro bEaY � � YACHT CEU/ k41 COtU i wr:•�e ~ �rar n°yVLt e/ JA /ste sTs ,°'�"• Bh OrF N F BA4gp tII e.rar i. u 0 MATCLOS uE B A 0 FIG SITE VICINITY MAP 2 / JUSTIN F. FARMER 3 TRANSPORTATION ENGINEERS. INC. �J' n ii y iEr I {t • II Z I :3 =J rrrrrr - 1 p :r I t. i i Z, V1 * Zi lei j I?NEWPORT OFFK:E BlN1.DWC /RESTAUNANT — _ -_ •.s —:° ^ -- " ,cwroAT erwat eAUFOw.A SLI BURKE • LESTEER & AASSSOCIA.TES. S I � SPRUCECsROVE.INC. ` PROJECT SITE PLAN FIG G C JUSTIN F. FARMER 4 TRANSPORTATION ENGINEERS, E \C. �� • • is fI • • �uu�,,a ■�� ICI I a 1 I? MW T "ACK CAIX R w I i SPRUCE GROVE, INC. C � o ��i� • • o it w •1� � j. III 1` BURKE • LESTER & ASSOCIATES m...........w PROJECT SITE PLAN ANDREW'S RESTAURANT CONVERISON JUSTIN F. FARMER 5 TRANSPORTATION ENGINVERS. INC. z V�:r =J FIG 4 �, t 35' 0 0 W. TeuCKCALW u SPRUCE GROVE. INC. SLI BURKE • LESTER & ASSOCIATES `j �IYNI {CMS Yq R�wwO PROJECT SITE PLAN OFFICES _ REMAIN a� �i Ooi 00} �i 0 JUSTIN F. FARMER 6 TRANSPORTATION ENGINEERS. INC. FIG 5 • TRIP GENERATION FORECAST Daily and peak hour trip generation for projects such as that being proposed here is normally expressed in terms of trip ends per 1,000 square feet (KSF) of gross floor area. A trip is defined as a one -way vehicular journey either to or from the site, or it may be a journey totally within the site. The latter is usually referred to as an internal trip. Each trip will have two trip ends, one at the beginning and one at the end of the journey. Because of the nature of the proposed project and the surrounding vicinity land uses. It is anticipated that there will be a considerable number of walk -in trips; however, they are not considered in this analysis i.e., all project trips will leave the site and utilize one or more of the key study intersections. Traffic generation forecasts have been prepared for the proposed project based upon trip generation factors as compiled by the City of Newport Beach. Traffic currently generated by the existing development was calculated and compared with future traffic, thus reflecting the a net change. It should be noted, however that trip generation forecast was made only for the area of which land use would change i.e. only the first story of the project building or 3,437 square feet. Table 1, on the following page, summarizes the trip generation forecasts. It indicates a net decrease in the number of trips during the morning peak hour and a net increase during the evening peak hour. A primary reason for the decrease during the morning peak and the increase during the evening peak is the different type of land use and operation associated with the proposed Andrew's Restaurant, as compared to the general office uses. • JUSTIN F. FARMER 7 TRANSPORTATION ENGINEERS, INC.: • r • 0 9 TABLE 1 TRIP GENERATION FORECAST ANDREW'S RESTAURANT 2751 WEST COAST HIGHWAY 3,437 GROSS SQUARE FEET AM PM IN OUT IN OUT Proposed Land Use (FUTURE) Andrew's Restaurant 3,437 Square Feet Peak 2 1/2 Hours Existing Land Use (NOW) - General Office 3,437 Square Feet Peak 2 1/2 Hours Net Change - Peak 1 Hour - Peak 2 1/2 Hours 1.0 0.5 5.0 3.0 4 2 17 10 8 4 34 20 2.0 0.4 0.6 1.7 7 2 2 6 14 4 4 12 - 3 - +15 +4 - 6 - +30 +8 NOTE: -.Top number is trip rate and bottom number is the number of trips - Peak 1 hour is 508 of peak 2 1/2 hours as per City of Newport Beach y } JUSTIN F. FARMER 8 TRANSPORTATION ENGINEERS, INC. 34 • TRIP DISTRIBUTION It is recognized that the distribution of project trips will vary considerably, depending upon the type of land use proposed, the day of the week and the time of the day. For an office complex, the morning and evening peak hours are critical time periods. The predominant trip maker during both peak hours is the employee and the trip will be primarily a home -work journey. As a consequence, the trip distribution is based, to a large degree, on the spatial location of residences in the service area of the site. Trip distribution patterns are, however, different for a restaurant such as the one proposed herein. The critical time period is the evening peak hour only and the trips are made predominately by customers and staff. Additionally, average trip length associated with restaurants is generally less than those associated with general office, i.e., the restaurant is expected to attract more trips from the surrounding vicinity that the general office. • Based on familiarity with traffic patterns near the study area, the location of potential users and observations of peak hour traffic, directional distribution patterns were determined and were used to forecast the distribution of project trips. Inasmuch as Table 1 indicates a net decrease in trips during the AM peak hour, morning peak hour trip distribution is not considered for this analysis. The critical time period is therefore the PM peak. Figure 6, on the following page, graphically illustrates the evening peak one hour trip distribution for the subject project. TRAFFIC IMPACT ANALYSIS Inasmuch as the trip generation forecast presented in Table 1 indicates that there will be a decrease in traffic volumes during the morning peak hour as a result of the project, only the evening peak hours will be considered in the following section of this analysis. • A. Cumulative Projects The City of Newport Beach's traffic engineering staff has prepared a list of cumulative projects which may impact this portion of the City's street network. The list includes 106 projects, of which approximately 428 are not occupied, 428 are fully occupied, and 168 are partially occupied. JUSTIN F. FARMER 9 TRANSPORTATION ENCINFFRS, INC. , ol • PM PEAK HOUR IN 15' OUT 4 NOTE : PEAK 1 HOUR IS 50% OF PEAK 2.5 HOURS VOLUMES REPRESENT NET INCREASE IN TRAFFIC VOLUMES FIG PROJECT TRIP DISTRIBUTION 6 PEAK 1 HOUR JUSTIN F. FARMER 10 TRANSPORTATION ENCINF.F.RS, INC. �I 0 • B. Regional Growth The Newport Beach City Traffic Engineer has prepared a list of specific regional annual growth rates which are associated with the study area and are summarized as follows: Newport Boulevard Coast Highway to North City Limits 18 Coast Highway Jamboree Road to Newport Boulevard 18 Newport Boulevard to West City Limits 2.58 C. Intersections to be Analyzed City of Newport Beach Traffic Engineer has determined that the primary impact from project traffic will be on the site vicinity intersections of: 1) 2) 3) is 4) 5) 6) Coast Highway / Balboa Blvd. - Superior Avenue Coast Highway / Riverside Avenue Coast Highway / Tustin Avenue /Balboa Boulevard Coast Highway / Dover Drive - Bayshore Drive Newport Boulevard / Hospital Road Newport Boulevard / Via Lido Figure 7, on the following page, illustrates the locations of these intersections. D. "One Percent Test" The methodology presented below for the 18 traffic volume analysis is the one utilized by the City of Newport Beach; Viz. - Volumes used are the 2 1/2 hour traffic volumes. - volumes were extrapolated to the year 1990 *, 2 years hence using Regional annual growth rates. - Traffic volumes associated with the cumulative projects were added to the extrapolated volumes and 18 of the pro- jected peak 2 1/2 hour volumes were determined. - If project traffic exceeded 18 of the projected peak 2 1/2 hour volumes, intersection analyses were conducted for the impacted intersection. D* 1 year after project completion JUSTIN F. FARMER 11 TRANSPORTATION ENGINEERS, INC. mT (Iff _ ACT YI.R CT "a T j l cy [Cl ST Cy s :T se cr ma I CIII Cr o+E rcr 3[CS tl ce w f I dta^ Y CgNGRESS 5T 9 W 7 + GOV NOR ST • .n ST. j a SL a I $ m I' Tr VICTORIA ST RtUM Iq " �' �� '' (.3 .. ' .IGM• Il VwE ft�lr F r, ` . d i i>00 Si mT� f„ HAMILTON NOW . ' ELL RL �' > ! i BAY ST�S(� BAY r Rs covg da 8 RRKSM12rt _ . .. 19 I; / �'�'P 1S5 � / ♦ N �\ I?Jh�. P•F W� P �/ mmmRT -r �. S[[Q n 407 AV v V- j HmsoR y Ns i ILL .. Nuhl. r� a.�ti afp sr :M�..MM4X4 v AMf — aC4xW.0 ,d• �M N[ _ 3 cogs F-MIS. YIFr i s.• �w�/ N`g�no b Q NARd4AR yy'�j dT —1TUNC IT A..�, r • . fib. ' i 'b Ntl}'PonT F"oAr u0o lJU i f ������ggqgqqY `6h I VACNT CIV/ •(hI yry CVfUNS/S4[ fM,fM1.y AW ! xf f c [R T Oq gWT h.Tew r [ STUDY INTERSECTIONS FIG 7 JUSTIN F. FARMER 12 'TRANSPORTATION ENGINEERS. INC. _5 IT N J� ry0 S� Po.'.. p'r a • . ,w�hM�''t�aD � r �\ I?Jh�. P•F W� P �/ mmmRT -r �. S[[Q n 407 AV v V- j HmsoR y Ns i ILL .. Nuhl. r� a.�ti afp sr :M�..MM4X4 v AMf — aC4xW.0 ,d• �M N[ _ 3 cogs F-MIS. YIFr i s.• �w�/ N`g�no b Q NARd4AR yy'�j dT —1TUNC IT A..�, r • . fib. ' i 'b Ntl}'PonT F"oAr u0o lJU i f ������ggqgqqY `6h I VACNT CIV/ •(hI yry CVfUNS/S4[ fM,fM1.y AW ! xf f c [R T Oq gWT h.Tew r [ STUDY INTERSECTIONS FIG 7 JUSTIN F. FARMER 12 'TRANSPORTATION ENGINEERS. INC. _5 i • The 18 test conducted at the six study intersections during the evening (worst case) peak period indicates that the increase at each intersection leg was less than 18 of the projected 2 1/2 hour peak except, at the intersection of Coast Highway and Riverside Avenue. A level of service analysis was therefore conducted at that intersection using the Intersection Capacity Utilization (ICU) procedure. City data forms entitled "1% Traffic Volume Analysis" for the evening peak hour is included in the Appendix attached hereto. E. The ICU Test The ICU test consists of comparing the capacity of the inter- section (as developed by the City of Newport Beach) to the traffic volume on that approach and making a calculation as to what percent of the green traffic signal time is required to satisfy that specific approach demand. City of Newport Beach traffic phasi used in the calculation of th Utilization. Those sheets are also attached hereto. The City assumes traffic will be 508 of the peak 2 hour traffic volumes in Figure 6 the capacity calculation sheets. ng ordinance forms were e Intersection Capacity presented in the Appendix that the peak one -hour 1/2 hours; evening peak on Page 10, are listed on Results of that ICU Analysis are listed in the Table 2, below: TABLE 2 SUWAARY OF ICU /LOS COAST HIGHWAY AT RIVERSIDE AVENUE EVENING SCENARIO _ PEAR 1. EXISTING (1988) 0.76/C 2. 1990 + CUMULATIVE 0.89 /D 3. 1990 + CUM. + PROJECT 0.89 /D • A close look at the ICU calculation sheets suggests that the project will have a nominal or no impact upon the intersections of Coast Highway at Riverside Avenue. The volume /capacity ratio did not increase (level of service was l not worsened) after adding project trips. JUSTIN F. FARMER 13 TRANSPORTATION ENGINEERS, INC. • The intersection is currently operating at 0.76/C (ICU /LOS) and will be increased to 0.89/D after adding the committed projects volume. The volume to capacity ratio will not increase i.e., level of service will not worsen after adding project traffic. . 0 Site Access /Parking and on Site Circulation Currently there is one driveway serving the existing land uses and the parking entrance is guarded during the evening hours. The same driveway with the same configurations is proposed to serve the entire site at full build -out of Andrew's restaurant. However, the existing guard shack will be removed and the parking will be converted to 1008 valet parking. FIGURE 8 Looking south toward the.proposed projected building from the entering driveway. The arrow points to the guard shack. A concern has been expressed by the City Traffic Engineer as to the impact of the parking Guard operation upon traffic on Coast • Highway and the chance that cars waiting to enter stamped might "spill over" and impede traffic on Pacific Coast Highway. As previously explained, the existing parking will be changed to 1008 valet parking. After 5:00 PM all auto will enter the Pacific Marine driveway and the driven to the restaurants front door, and drivers will surrender their cars to the valet attendant there. Cars would then be parked at the Pacific Marine lot or at the 5 cj JUSTIN F. FARMER 14 TRANSPORTATION ENGINEERS, INC. 1 • Mariners Mile are available would minimize Highway. • r� J 0 6 Shopping Center where an additional 20* spaces for site users. This valet parking service any impeding of site users upon Pacific Coast At the present time their are 59 vehicles entering the Pacific Marine Center during the evening peak hour. This volume is expected to increase to 74 vehicles per hour (see Table 1, on page 8). At full build -out of Andrew's restaurant such volume equates to 37 vehicles every 15 minutes assuming peak 15 minutes arrivals and a 2008 surge factor. For purposes of assessing the impact of these 37 vehicles per 15 minutes, a comparison was made between a conventional parking lot driveway and the subject driveway. Experience has shown that a conventional, uncontrolled driveway can accommodate an entering volume of 200 vehicles during a peak 15 minute period. Experience has also shown that a sharp right angle turn after entering the facility can reduce the capacity of the driveway by as much as 408. Such a right angle turn is the case here, as shown in the photograph in Figure 9, on Page 16. Based upon the above, a driveway with a sharp turn can accommodate 120 vehicles per 15 minute (i.e. 200 - 408 = 120). The demand in the subject case is 37 vehicles or only 318 of the driveways capacity. * Per agreement between Company, there will be users after 5:00 PM. the Project owners and the Marine Mile 20 parking spaces available for site JUSTIN F. FARMER 15 TRANSPORTATION ENGINEERS, INC. I • 0 0 • FIGURE 9 Looking north from the project parking lot arrow 1 points to the right -turn from Coast Highway and arrow 2 points to the immediate right -turn. Based upon the foregoing discussion, future driveway volume and future parking operational conditions, it is anticipated that the driveway can easily handle future volume and that their will be no impedance of traffic on Coast Highway. SUMMARY AND CONCLUSION o A proposal has been made to convert a portion of the general office building located at 2751 W. Coast Highway, first story, to accommodate of approximately 3,437 square feet of restaurant. (Andrew's Restaurant) o The site is currently occupied by a mixture of offices • and a restaurant and is served by one driveway onto Coast Highway. Parking is now restricted and the drivers have to have a time stamped parking ticket, where as in the future, it is proposed to.be 1008 valet attendant type of service. o Trip generation forecasts for the existing and future developments are summarized on the following pages. b JUSTIN F. FARMER 16 TRANSPORTATION ENGINEERS, INC. ,L� 0 0 TRIP GENERATION FORECAST ANDREW'S • RESTAURANT 2751 W. COAST HIGHWAY 3,437 GROSS SQUARE FEET AM PM IN OUT IN OUT Proposed band Use (FUTURE) Andrew's Restaurant 3,437 Square Feet 1.0 0.5 5.0 3.0 4 2 17 10 Peak 2 1/2 Hours 8 4 34 20 Existing Land Use (NOW) - General Office 2.0 0.4 0.6 1.7 3,437 Square Feet 7 2 2 6 . Peak 2 1/2 Hours 14 4 4 12 Net Change - Peak 1 Hour - 3 - +15 +4 - Peak 2 1/2 Hours - 6 - +30 +8 • 1 • Inasmuch as the conversion of the ground floor to a restaurant use will result in a decrease in the morning peak hour volume but an increase in the evening peak hour Traffic, the analysis of this report was based only on the PM peak hour. • The City's Traffic Phasing Ordinance was utilized and information from the City Traffic Engineer was collected regarding existing traffic volumes, cumulative project traffic and growth factors. JUSTIN F. FARMER 17 TRANSPORTATION ENGINEERS, INC. E • o The following intersections were selected to be analyzed using the above referenced Traffic Phasing Ordinance. • 1) Coast Highway /Balboa Boulevard- Superior Avenue 2) Coast Highway /Riverside Avenue 3) Coast Highway /Tustin Avenue 4) Coast Highway /Dover Drive - Bayshore Drive 5) Newport Boulevard /Hospital Road 6) Newport Boulevard /Via Lido o When the 18 test was conducted, project be less than 18 of the future 2 1/2 intersections, except for the intersec at Riverside Avenue. An intersection then conducted at that intersection. subject intersection is as follows: trips were found to hour volumes for all Lion of Coast Highway capacity analysis was The ICU /LOS for the SUMMARY OF ICU /LOS COAST HIGHWAY AT RIVERSIDE AVENUE SCENARIO 1. EXISTING (1988) 2. 1990 + CUMULATIVE 3. 1990 + CUM. + PROJECT o Project traffic will not service at the intersection Avenue. The ICU /LOS will b e committed projects volume trips, therefore mitigation JUSTIN F. FARMER 18 EVENING PEAR ICU /LOS 0.76/C 0.89/D 0.89/D change the ICU or the level of of Coast Highway at Riverside less than 0.90 after adding the and future Andrew's Restaurant measures is not needed. TRANSPORTATION ENGINEERS, INC. Lit • • o Under future driveway volume and valet service, the.parking operation is expected to be efficient and the project driveway will easily accommodate the Pacific Marine traffic. If you have any questions, please do not hesitate to call. Respectfully submitted, T ustiN F. FARMER, TRANSPORTATION n F. Farmer, P.E., President JFF:SYG /dr 0 9 E ENGINEERS, INC. /'Q�OGESS /p�,�C �Q�c•,�t�N F. F%F` Fyc+ w Exp 3 :3/ c m * TRAFF\6 \Tf OF JUSTIN F. FARMER 19 TRANSPORTATION ENGINEERS, INC. 6m V iff a .n.Nlw a• n'o - `�.` tr. a i. y fH'" ". = - I _ AM t ♦ Yr .• .• R• n iC ".Sur'q. R ,r. -� y _ •7 • s µ. l ! ° , f , ( \; 4. 11 Jh. 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COAST% ,I = Y \ta,:♦ ,. r. . 4r r, t.4yr "$ b• +, r C/ .° .. a'P ♦. ♦ . �� i v � a �l • ...e )3•B`: J"".yr. . � � 'v.' �? �Ilrr ♦p r b �, �`�. .• tir .T, IbrC`c lL .+Y P,P,^ > Bi .4 Crya ij.• +r .! e` S� ,Lf' �[ ".r.Y•,wi �WWWWy C 4 •J a♦ � p♦ . l.os 4 0 . w. i r T1 \1,f ♦ '� ,�4% JAVr ♦�f.,l� 4 l° y, MM'IOIS sr'.IB SIl l• O1 .�,,' 11 °•PN st °ja •r , �• h I �Irr 1r. .v / if j MM /W i..� `a J♦s l`�• (a(r /I _ y•�Fy�s^��� x• ar0p rzl HVW I t3 Rv- �t..E:by i 4♦ `>'ft1� Jr 7 ry�N ou ::.'`' .(••�� .. I .06,,0 •, •.:ry.yi. ��� \hq , \Q' • - Y ..\ I , °f�0 ♦r Y ° \ \ �D I L _ I°.lyl 'r "' a ! j_ -. .l %I .PI rK • I ��ti 4.• :ft .� /� rµry , rr1 JJ '-r• J^ ,': 'C7 Iti' • 1% Traffic Volume Analysis Intersection COAST HIGHWAY /BALBOA BL— SUPERIOR AV (Existing Traffic Volumes based on Average inter pring 19 ga PM ® Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I Peak 2y Hour Approved Approach Existing Reg tonal Projects Projected 1.4 of Projected Project ! Direction Peak 21s Hour Growth Peak 24 Hour Peak 24 Hour Peak 2; Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume IJ Northbound 2615 2615 10 2625 I 26 2 Southbound 3020 3020 120 1 3140 31 r Eastbound 4817 5058 510 556B 56 2 Westbound 4348 L 689 5037 50 2 ® Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I 1% Traffic Volume Analysis Intersection COAST HIGHWAY /RIVERSIDE AV (Existing Traffic Volumes based on Average inter pring 1988 pM Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volume. Intersection Capacity Utilization . (I.C.U.) Analysis is required. • ANDREW'S RESTAURANT DATE: 11 -22 -88 PROJECT: FORM I �n s�. Peak 211 Hour Approved Approach Existing Regional Projects Projected 1; of Projected Project Direction Peak 2y Hour Growth Peak 2k Hour Peak 2y Hour Peak 2h Hour j Peak i� Hour Volume Volume Volume Volume Volume Volume Northbound I 53 5 A 0 53 1 8 southbound 1241 1 64 1305 13 4 Eastbound 4820 4916 1 729 5645 ! 56 12 Westbound 5571 5682 L84Q 6522 14 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volume. Intersection Capacity Utilization . (I.C.U.) Analysis is required. • ANDREW'S RESTAURANT DATE: 11 -22 -88 PROJECT: FORM I �n s�. • 1% Traffic Volume Analysis Intersection COAST HIGHWAY /TUSTIN AV (Existing Traffic Volumes based on Average inter pring 198$ )pM Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I 0." io Peak 21s Hour Approved Approach Existing Regional Projects Projected 1. of Projected Project Girection Peak 2y Hour Growth Peak 21s Hour Peak 21% Hour Peak 21s Hour I Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 15 15 11 26 I I — Southbound 270 270 296 3 2 Eastbound 4693 4789 ? 712 5625 i 56 4 Westbound 6009 6129 836 6965 70 I 12 Project Traffic is estimated to be less than 1% of Projected Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I 0." io 1% Traffic Volume Analysis Intersection COAST IIIGHWAY /DOVER DR- BAYSHORE DR (Existing Traffic Volumes based on Average Winter /Spring 19 pM ® Project Traffic is estimated to be less than 1% of Projected Peak 2)1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected �❑ Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. • ANDREW'S RESTAURANT PROJECT: 11 -22 -1988 FORM I Peak 2y Hour Approved Approach Existing Regional Projects Projected 1: of Projected Project tlirettion Peak 211 Hour Growth Peak 2+ Hour Peak 211 Hour I Peak 2k Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 315 315 0 315 3 2 Southbound 2 3250 43 3293 33 4 Eastbound 1 4565 1 662 1 5227 52 4 Westbound 8321 8487 811 9298 93 4 ® Project Traffic is estimated to be less than 1% of Projected Peak 2)1 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected �❑ Peak 211 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. • ANDREW'S RESTAURANT PROJECT: 11 -22 -1988 FORM I r� L_J r 1 �J 1% Traffic Volume Analysis Intersection NEWPORT BL /HOSPITAL RD (Existing Traffic Volumes based on Average inter pring 1988 PM Project Traffic is estimated to be less than 1% of Projected Peak 2h. Hour Traffic Volume O Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I ��. Peak 2h Hour Approved Approach Existing Regional Projects Projected 1: of Projected Project I Direction Peak 2S Hour Growth . Peak 2k Hour Peak 24 Hour Peak 2y Hour t Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 3633 3706 245 3951 40 — southbound 4551 4642 144 1 4786 48 4 Eastbound ! 1688 1688 364 2052 21 i — Westbound 1042 107 1149 11 — Project Traffic is estimated to be less than 1% of Projected Peak 2h. Hour Traffic Volume O Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I ��. Y . . • 1% Traffic Volume Analysis Intersection NEWPORT BL /VIA LIDO (Existing Traffic Volumes ase on verage inter pring 1988 PM rXai Project Traffic is estimated to be less than 1% of Projected L^� Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I r� it Peak 21% Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 21% Hour Growth Peak 2S Hour Peak 2h Hour Peak 2y Hour Peek 2y Hour Volume Volume Volume Volume I Volume Volume Northbound 2761 I 2816 2876 29 4 southbound 4916 1 5016 1 83 5099 51 westbound 1410 1410 1410 14 rXai Project Traffic is estimated to be less than 1% of Projected L^� Peak 2� Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ANDREW'S RESTAURANT DATE: 11 -22 -1988 PROJECT: FORM I r� it .. , I1 u • • .` CH2630PX s is INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: COAST HIGHWAY A RIVERSIDE AVENUE 2630 EXIST TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC WINTER /SPRING 1988pM ............. — -........-..--..-.-__...._..-. _..........._...- _....._. -__.._ IEXISTING(PROPOSED(EXISTING IEXi ST ING(REGIONAL ICOMMI TIED I PROJECTED IPROJECTI JMovementl Lanes I lanes I PK NR I V/C I GROWTH I PROJECT I V/C Ratio )Volume I I I lCapecityltepecityl Volume I Ratio I Volu I Volume [w/o Projectl I I I I I I I I ( I Vol u= I I ..- ---------- I - - - -.1 I-•••••••• ........................................•--.._...... I NL I .....•._.- I e I_ I _ I I 1 I .- I I NT 16001 1 4 0.011 — I — 1 0.01 1— 1 0.011 I.................. ............................................... I I MR 1 I--•----••-----•--•---••-••••••-•••-•-•---•-------•-- 1 6 1— I —. •••-- -- -•-•----- 1 1 2 •-------- - - ---• 1 1 •--• •-•- I 1 SL I I to I— 1 22 1 1— I I I---- - - - -) 1600 --- ---- -- ---- - - - - -) 0.06 •--- - - - - -- 0.07* --------- 0:071 I ST 1 1---•------•-•-••--•------•-••---•--•------•---•••-- 1 4 1— I _ --- ---- --- -•- 1 1 1 -- ---------- --- --• •-- 1 1 - -•--- I SR 1 16001 1 356 1 0.22 1- 1 10 1 0.35 1 - --- -•--•-- --- ----- 1 0.351 ----• I--------------------•------------------------------------•---------- i EL 1 1600 1 I---°°-•-'• -•-- •---- ---------- 1 362 1 0.23 I --------- ---- 25 I 1 .....Q.?5A.......... .?-5t 1 ET I 1 2000 1 40 340 1 0.75 1 - 0.75- L.......) 3200 .................. ) 0.63 --•--•----°-• ---•--•--•------•-----------••- I I ER ! 1 13 1 — I — -.------ 1 1 6 -•--- ----- ----- 1 I •- -• - - -1 i---------------•---•----------------•----•-•---•----------•-- i UL 1 1600 1 I-------- ---- -- ---- -- ----- 1 42 1 0.03 - I - - - - -- - .I........_- .... I I ... - -- 0.03-- --7 I I I I N 1 4800 I I---•--•------------------------------------------------- 1 2278 1 0.47*1 46 1 418 •----- 1 0.57* 1— •--- -- --------- --- - 10.57 *1 --- -- •I 1 NR 1 t600 1 1 134 1 0.08 1 3 1 1 1 0.09 1— 1 0 I (EXISTING I---------------------------------------------------------------------------- 1 0.76 1 1 i 1EXIST + REG GROWTH + CCHMITTED W /PROPOSED IMPROVEMENTS I.C.U. 1 •-------------------------------------------•.------.---.. •.------ 1 0.89 1 •••--•------- •.- I _ -....I (EXISTING + COMMITTED + REGIONAL GROWTH + PROJECT I.C.U. .............................................................. ............................... 1 0 89 I gp(Projected + project traffic will be less than or equal to 0.90 I_I Projected + project traffic I.C.U. will be greater than 0.90 1_1 Projected + project traffic I.C.U. w /systems inprovement will be less than or equal to 0.90 . I_I Projected + project traffic I.C.U. with project improvements will be less than I.C.U. without project -• Description of system improvement: ANDREW'S RESTAURANT PROJECT FORM II CN263OPM .i , Y 89-183936 VEMM OEM NO r PER OFF -SITE PARKING AGREEMENT ( OF ORANGE R I C COUNTY�gLIFORNIA RECORDING REQUESTED BY AND EXEMPT WHEN RECORDED RETURN TO: I CIO P'3 APR 7 1989 City Clerk/e / _27U CITY OF NEWP�RT. M CH 3300 Newport Boulevard Newport Beach, California 92663 RECORDER RECEIVED ;i tm Of ". \, �ppAt eFJaM Space Above This Line For Record --s Use Only OFF -SITE PARKING AGREEMENT Andrew's Restaurant 2751 West Coast Highway Newport Beach, California THIS AGREEMENT, made and entered into this �lp: i day of 19 601 by and between CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," and and is made with reference to and existence of which is hereto: Mariners Mile Company hereinafter referred to as "Owner," James A. Carter and Sharon A. Carter hereinafter referred to as "Lessee," the following facts, the materiality stipulated and agreed by the parties I. Owner owns certain real property located at 2700 West Coast Highway, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as: Parcel 2 of Parcel Map 73 -23 hereinafter referred to as "the property "; and 11 Mrq 0 I I 89- 183936 II. Lessee operates on property located at 2751 West Coast Highway a restaurant known as Andrew's. Provisions of the Newport Beach Municipal Code require persons conducting a restaurant business, to provide parking spaces for their customers; and III. Lessee has applied to City for a use permit, has done so because Lessee proposes to construct a restaurant within an existing building on the property, 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 50 automobile parking spaces on the property. A copy of the written agreement is attached hereto and marked Exhibit "A." Lessee has previously sub - leased 30 of those spaces (Exhibits "B" and "C ") and retains the use of the balance of 20 spaces. V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of a use permit for the restaurant referred to in paragraph II above, 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 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, -2- Y • • 89- 183936 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 Agreement (Exhibit. "A ") 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 restaurant located at 2751 West Coast Highway, 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 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 restaurant located at 2751 West Coast Highway such that 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 89- 183936 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 "A ") and 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. Lessee shall, at all times the restaurant 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. 4. Lessee shall fully perform all of 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 the use permit for the restaurant. The minutes of the Planning commission and /or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "D ", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to the expiration of the written Lease Agreement, (Exhibit "A") 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 "A "). -4- W 89- 183936 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. CITY OF NEWPORT BEACH, A Muni 'pal Corpor By Mayor CITY i Mariner's Mile Co. OWNER Nedrick R. McCune James A. Carter LESSEE �l — A— 1 tk ,.$ ron A. Ca to LESSEE STATE OF CALIF011111A, Ibulnr Orange ss. a 89- 183936 On this 16th day of March , in the year 89 before me the undersigned a Notary Public in and for said State, personally appeared n„ Wald A known Strauss to me to be the Mayor of the City of Newport Beach and _panda F_ Ra gin ,known to me to be the City Clerk of the City of Newport Beach and known to me To be the persons who executed the within instrument on behalf of said governmental agency, and acknowledged to me that such governmental agency executed the same. WITNESS my hand and official seal. GO�t9�l Notary Pu li in and for said State. (PARTNERSHIP) (STATE OF CALIFORNIA CS COUNTY OF ORANGE On��25 1989 before me, the under- signed, a Notary Public in and for said County and State, personally appeared NEDRIM R, MC CUNE personally known to me (or proved to me on the basis of satisfactory evidence) to be _— On P. _ of the partners of the partnership that executed the within instrument. and acknowledged to me that such partnership executed the same. WITNESS my hand nd.official seal.. � Signature S aron L Zehne%� w0 1012 Name (Typed or Printed) I) STATE COUNTYFOFALIFORNIA �ss. ORANGE OFFICIAL SEAL ANN C. 0 NEAL , NOTAP,Y P19RLICCAUFORNIA '1 PRINCIPAL OFHCE IN ORANGE COUNTY My a;z.M Bcpires Oct. 8. 1992 II©1982 WOLCOTTS. INC. neral' WCe eassFerm1239CA —Pev. 5 82 OFFXW SM DOROTHY L. PALEN NCMARY PUBLIC - CALIFORNIA �— PROMPAL OFFICE IN URAIMCOUNTY My Cnim iOA Exx Air. S, 19M FOR NOTARY SEAL OR STAMP ORAN 1OFFI 40mycomm.1 SHAR0No'sry P ( On this 27th day of January , in the year 19 89 , before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Carter and Sharon A. Carter personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name I3. are subscribed to the within instrument, and acknowledged to me that t heY executed it. WITNESS my hand and official seal. _ /\S e o Notary Public in and for said State. r 89- 183936 LEASE AMENDMENT Whereas the parties to a lease for 50 parking spaces in the lot behind the building at 2700 West Coast Highway, Newport Beach, California, dated June 12, 1981, are Mariners Mile Company, lessor, and William J. Clark, lessee, and Whereas this lease was amended by letter dated August 4, 1981, and Whereas the parties wish to make further amendments to the lease, The parties do hereby agree: 1. The amendment dated August 4, 1981 is null and void. 2• The body of the second paragraph of the original lease, the use paragraph, is deleted and in its place the following is substituted: The premises are to be used only for valet.parking of cars of customers of lessee's restaurant located at 2751 West Coast Highway, Newport Beach, or for parking of lessee's employees, who may park their own cars. Lessee's customers may not park their own cars on the premises. Lessee shall furnish, within seven days of demand by lessor, a description of cars which his employees may park on the lot. If further identification is necessary, lessee shall give to his employees distinctive windshield stickers so that lessor can tell those cars from all the others. Lessee's valet parking may begin at 5:00 p.m. each day and must end at 3:00 a.m. the following morning. Lessor has the right to tow away lessee's valet- parked cars left on the premises after 3:00 a.m. Lessor has the right to tow away the cars of lessee's customers if they park their cars themselves, but he shall not'do so without first informing lessee of this proscribed use and giving him a reasonable time to correct it. Lessee shall take all appropriate measures to ensure that the use of the parking lot generated by hislrestaurant is within the use granted in this paragraph. Lessor may require lessee to post a uniformed guard on the premises between the hours of 5:00 p.m. and 10:00 p.m. each day to ensure adequate parking for tenants of lessor's building and for lessee under this lease. This requirement is not diminished by the fact that proscribed users are going elsewhere than to lessee's restaurant. Failure to restrict his use to the times and purposes specified herein by lessee shall constitute a breach of this .lease. eO)a)T "A" • • 89 -1036 Lessee agrees not to use the premises in any manner, even in his use for the purpose for which the premises are leased, that will increase the risks covered by insurance on the building where the premises are located so as to increase lessor's rate of insurance on the premises, or so as to cause cancellation of any insurance policy covering the building. 3. There shall be a rent abatement for the period commencing October 1, 1981 and lasting until lessee has opened his restaurant for business, or until June 30, 1982, whichever is first to occur. The rent during this period shall be $100 per month. Lessee has the right to terminate this lease until June 30, 1982 by giving lessor 30 days written notice, provided that his reason for termination is the inability to obtain government permission to open his restaurant. 4. Lessor grants to lessee a one -time only exception to paragraph 7 of the original lease: he may sublease a maximum of thirty parking spaces to his next door neighbor, located at UI West Coast Highway, Newport Beach, provided that such arrangement between sublessor and sublessee is necessary to consolidate parking between them after 5:00 p.m. Such sublease may be renewed with the original lease through the latter's option clause, but only for as long as it remains necessary as defined above. Dated: Lessee: Lessor: William J. Clark Nedrick McCune «C -... � "I, : _ \ Alfred V. Jorgensen 2 89- 183936 LEASE AGREEMENT This lease is between MARINERS MILE COMPANY, hereinafter called Lessor, and WILLIAM J. CLARK hereinafter called Lessee. 1. Description Lessor leases to Lessee and Lessee hires from Lessor, upon the terms and conditions stated herein, a portion of the parking area located behind the Mariners Mile Building on 2.700 West Coast Highway, City of Newport Beach, County of Orange, State of California, consisting of fifty (50) parking spaces, hereinafter referred to as "premises ". The premises shall consist of fifty (50) parking spaces located farthest from the building and farthest from the busier stores in the building. 2. Use The premises are to be used only for valet parking of cars of customers of lessee's restaurant located at 2751 West Coast Highway, Newport Beach. Lessee's customers may not park their own cars on the premises. Lessee's employees may not park • • 89- 183936, their cars on the premises. Lessor has the right to tow sucl rn cars away. Lessee's valet parking may uegin at 5:00 p.m. each day, and must end at 3:00 a.m. the following morning. Lessor has the right to tow away lessee's valet - parked cars lett on the premises after 3:00 a.m. Failure to restrict the use to the times and purpose specified herein shall constitute a breach of this lease. Lessee agrees not to use the premises in any manner, even in his-use for the purpose for which the premises are leased, that will increase risks covered by insurance on the ouildiny where the premises are located so as to increase Lessor's rate of insurance on the premises, or so as to cause cancellation or any insurance policy covering the building. 3. Term Tne term of this lease shall be five (5) years, unless sooner terminated as provided herein, ario shall comr„ence on the date of execution. If the term begins other than on the tirst day or a ii,ontri, the term shall include the tirst partial month, plus sixt1 additional months. -2- 0 0 4. 89-183936 Ren t ' Lessee agrees to pay Lessor Five Hundred,($500.00) each month on the first day of each month during the term of this lease. There shall be a rent increase every year during the term of this lease ano extensions thereof. Tne new, aa]ustea rent shall bear the same relation to the former.rent that the Consumer Price Index, as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Los Angeles - Long Beach - Anaheim area, "all urban ", (1967 = 100), for tne-montn the rent is adjusted bears to the Index of twelve months earlier. It the Index shall cease to oe publisneu, tnen its successor or generally recognized substitute shall be usea for the purposes of tnis paragraph. 5• Option Lessee shall have two options to renew this lease upon the same terms and conditions as during the original term, except for the rental rate which shall continue to oe iacrcaseo annually by the formula set forth in Paragraph 4. hacn option -3- 89- 183936 is for five years. Lessee must notify Lessor in writing of his intention to exercise the option 120 days prior to the expiration of the term. 6. Liability Insurance Lessee agrees to obtain public Liability insurance at Lessee's expense, adequate to protect Lessor against liability for damage claims through public use of or arising out of accidents occurring in or around the leasea premises in a minimum amount of $1,000,000.00 for any one acciaent. Sucn insurance shall be subject to approval by Lessor, approval not to be unreasonably withheld. Tne insurance shall oe maintainea during the full term of this lease, and any extension hereof. Such insurance policies shall name Lessor as co- insures. Copies of the certificates shall be deliverea to Lessor. Lessee agrees to obtain a written obligation from the insurers to notify Lessor in writing at least thirty (30) nays prior to cancellation or refusal to renew any Sucn paiicies. 7. Assignment, Sublease No assignment or sublease of this agreement can oe mare to anyone whose operation encompasses more than a restaurant at -4- • • 89- 183936 2751 West Coast Highway and without the prior written consent of Lessor. Any assignment or sublease made without the prior written consent of Lessor is void and shall terminate this lease. Lessor's consent to one assignment or sublease shall not be considered a consent to any suosequent assignment or sublease. Lessee's interest in this lease is not assignable by operation of law nor is any assignment or nis interest herein. The Lessor has the right to reject any assignment or sublease. M Termination Lessee may terminate this lease it he rails to receive a permit to operate a restaurant at 2751 West Coast hiyhwa} before December 31, 1981 by giving written notice to Lessor. Termination will take effect thirty (30) days after Lessee receives such written notice front Lessor. Failure to pay rent is a default and breach of this lease if continued ten (10) days after written notice to Lessee tnat rent is past uue. 9• parking by Thira Parties: Lessor covenants that ne wili not lease more tnan 25 parking spaces to third parties who are not tenants of the Mariners Mile Square builaing. Lessee acknowleuye�;, tn"t a lease for 25 spaces to Joseph Minney, dba Josh Slocum's -5- �► 89- 183936 Restaurant, is presently in effect. Lessee acknowledges that occasionally (e.g.,during the Christmas shopping season). Lessor will not be able to provide all 50 spaces to Lessee because of increased shopping at Lessor's building. Such occasional deficiency is not a breach of this lease. It other parties, not associated with Lessor, are making unauthorized use of the parking lot to the detriment of Lessee, the parties hereto will consult on the best plan to keel, those cars art or the lot. 10. Waiver of Claims For Injuries and Da e The Lessee waives all claims against Lessor, its agents and employees, for damage of any kind to property or merchandise or Lessee or for injuries to Lessee, its employees, guests, customers and licensees, arising out of or caused on the premises or the common area or resulting trom Lessee's occupancy or use of the premises. 11. Nonliability of Lessor Indemnitv and Save Harmless Clause Lessee hereby covenants and agrees to indemnity Lessor ano save him harmless trom all liability, loss, aamage, claims, obligations, costs, fees and other expenses arising out or injury to persons, including Lessee aria nis agents or 0 89- 183936 employees, guests and customers, or for property eamage, in or around the leased premises or from any cause arising out of Lessee's occupancy or use of the premises. 12. Remedies on Breach If Lessee breaches this lease, Lessor shall nave all rights and remedies provided by law. It is specifically agreed that upon breach, Lessor may terminate the lease by giving written notice of sucn termination to Lessee. 13. Eminent Domain Eminent domain proceedings resulting in the condemnation of a part of the premises leased herein will terminate tnis lease. 14. Signs, Awnings Lessee agrees that he will not construct or place or permit to be constructed or placed signs, awnings, marquees or other structures without Lessor's written consent. -7- 15. 6 89- 183936 Attorneys' Fees If any action is filed to enforce any covenant of this lease or for breach of any covenant herein, the losing party agrees to pay the reasonable attorneys' tees and costs of cne prevailing party. 16. Lessor's Waiver Lessor's waiver of breach of one term, covenant or condition of this lease is not a waiver of breach of others nor of subsequent breach of the one waived. Lessor's acceptance of rent instalments after breach is not a waiver of the breach except of breach of the covenant to pay the rent instalments on instalments accepted. 17. Holding Gver In case Lessee holds over after the end of the term c,erein provided, with the consent of the Lessor, such tenancy shall be from montr, to month only subject, nowever, to eacu and every other term, covenant and condition of this lease. �� 1e. Time Is Of The Essence Time is of the essence of this agreement. 19. Insolvency or Bankruptcy Lessee's general assignment for benefit of creditors, appointment of a receiver (except a receiver appointed at Lessor's request), or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this lease. 20. Subordination �' v This lease is subjec anti w ubordinate to any mortgages or trust deeds now on or that may be hereafter placed against the premises, ana to all advances mace or that /afi b, maue on account of the encumbrances, to the full extent of the principal sums secured thereby and interest thereon. d 89- 183936 21. Successors in Interest Subject to the provisions regarding assignment aria subleasing, this lease shall apply to and bind the heirs, successors, executors, aaministrators and assigns of the parties. All parties shall be jointly and severally liable. 22. �; e All notice given pertaining to this lease shall be in e L0; , writing and aelivered personally oy r�gistereo mail, postage prepaid, addressed as follows: Lessor's address for this purpose snail oe: Mariners mile Co., c/o Alfred V. Jorgensen, 1533 Antigua way, Newport Beach, California 52660. Lessor's aaaress for this purpose may oe changed by written notice to Lessee. Notices to Lessee may be addresseo to: William J. Ciarti, 2751 West Coast Highway, Newport Beach, California 92663, or such other address as he any designate in writing. -in- 89- 183936 23. Written Agreement This lease may be amended only in writing ana no oral amendment shall affect the terms of this lease. 24. Entire Agreement This written agreement is tre entire agreement oetween the parties. There are not other oral agreements or representations not contained herein. 25. Security Deposit Lessor acxnowledges receipt of $500.Ou to ve neic throughout the term of this lease ano extensions thereof as one guarantee of the covenants herein. Dated %• {��i'/ ��i/ r Lessees: i Byi ,� ��- '�(et. Ailliam J. fV Lessor: MARINERS MILE COMPANY By ark Nearicx McCune rair-ner By r11 V '� + .... -. Alt�d v. J gn s een Partner I t 0 • JAMES A. CARTER /121 ROYAL OAK ROAD / ANAHEIM, CALIFORNIA 92807 / (714) 637 -2090 / (714) 637 -5539 89- 183936 June 15, 1987 Mr. Ned McCune Mariner's Mile Co. 424 E. 16th St. Costa Mesa, CA 92627 RE: Parking Agreement 2700 W. Coast Hwy., Newport Beach Dear Ned: I hereby exercise my option to renew the above - mentioned lease for the second 5 -year term. Sincerely, (,_ /James A. Carter JAC /a SUBLEASE 89- 183936 Date: July, 16> 1982 Place: Newport Beach, California Parties: MARINERS MILE COMPANY ( "Lessor "); WILLIAM J. CLARK ( "Sublessor "); and JAMES A. CARTER ( "Sublessee "). Recitals A. Lessor and Sublessor (as Lessee) are the parties to a Lease Agreement dated June 12, 1981, as amended by Lease amendment dated November 19, 1981, ( "the Lease Agreement ") with respect to parking spaces located at 2700 West Coast Highway, Newport Beach, California. B. Sublessor wishes to sublease to Sublessee the Lessee's interest under the Lease Agreement to thirty (30) parking spaces and Lessor wishes to consent to this sublease and to permit a further sublease by the Sublessee hereunder. Agreement NOW THEREFORE, in consideration of the mutual and reciprocal covenants and conditions hereinafter set forth, the parties agree as follows: 1. Sublessor hereby subleases to Sublessee all Lessee's right, title and interest to thirty (30) parking spaces under the Lease Agreement, for the term of the Lease Agreement including, without limitation, any renewal, extension, or renegotiation thereof. 2. Sublessee hereby accepts this sublease by Sublessor and agrees to be bound by the terms of the Lease Agreement as amended, and to assume liability -for a three - fifth's portion of the monthly rental thereunder. 0 89- 183936 3. Lessor hereby consents to this sublease by Lessee of thirty (30) parking spaces to Sublessee under the Lease Agreement as amended and to the sublease hereafter by Sublessee in conformity with the Lease Agreement to the owner of the restaurant located at 2871 (also known as 2801) West Coast Highway, Newport Beach, California. 4. All use of the parking spaces subject to this Sublease shall n � &b � in udw& accord with the provisions of the Lease Agreement. In the event the Lease Agreement is terminated for any reason, this Sublease shall also be terminated. 5. Notices to Sublessee shall be addressed to: James A. Carter, 121 Royal Oak Road, Anaheim, California, 92807, or such other address as he may designate in writing. 6. Paragraph 3 of the Lease amendment dated 11/19/81 is amended so that where "June 30, 1981" appears, it is deleted and �r "December 31, 1981" is put in its place. SUBLESSOR: Z-/7 LESSOR: MARINERS MILE COMPANY am Ty—: fTeUr'lck McGune, Partner SUBLESSEE: es fA Cart=er -2- By: A re . oreensen, artner L/ �i • pMQRE0UE91ED • �` J`— �J��9� BY AND MAIL TO /'R y�7807 SUBSUBLEASE Date: July 1, 1982 $9.00 C16 • ` TERM OF LEASE IS LESS THAN 99 YEARS Place: Newport Beach, California Parties: JAMES A. CARTER ( "Subsublessor "); and GORDON BARIENBROCK ( "Subsublessee ") Recitals A. MARINERS MILE COMPANY and WILLIAM J. CLARK are the parties to a Lease Agreement dated June 12, 1981, as amended by Lease amendment dated November 19, 1981, ( "the Lease Agreement ") with respect to parking spaces located at 2700 West Coast Highway, Newport Beach, California. B. MARINERS MILE, CLARK and Subsublessor hereunder are the parties to a Sublease Agreement dated July 1, 1982, subleasing thirty (30) of 'ihe parking spaces located at 2700 West Coast Highway, Newport Beach, California, to Subsublessor hereunder. C. Subsublessor hereunder wishes to sublease to Subsublessee said thirty (30) parking spaces. Agreement NOW THEREFORE, in consideration of the mutual and reciprocal covenants and conditions hereinafter set forth, the parties agree as follows: 1. Subsublessor hereby subleases to Subsublessee all Subsublessor's right, title and interest to the thirty (30) parking spaces under the Lease Agremeent, for the term of the Sublease Agreement including, without limitation, any renewal, extension, or renegotiation thereof. FlEcOADED IN OFFICIAL RCORDS OF ORANGE COUNTY CALIFORNIA .2 so pM MAY 1'85 COUNTY 601;51T C MOOIW s ` 89- 183936 8156999 2. Subsublessee hereby accepts this sublease by Subsublessor and agrees to be bound by the terms of the Sublease Agreement as amended, and to assume liability for the monthly rental thereunder. 3. All use of the parking spaces subject to this Subsublease shall be in strict accord with the provisions of the Lease Agreement. In the event either the Lease Agreement or Sublease Agreement is terminated for any reason, this Subsublease shall also be terminated. 4. Notices to Subsublessee shall be addressed to: Gordon S. Barienbrock, 3000 West Ocean Front, Newport Beach, CA 92663; notices to Subsublessor shall be addressed to James A. Carter, 121 Royal Oak Road, Anaheim, CA 92807; or such other address as they may rr designate in writing. .{ I SUBSUBLESSOR: es A. Carter SUBSUBLESSEE: Polow, A 89- 183936 St-156999 2. Subsublessee hereby accepts this sublease by Subsublessor and agrees to be bound by the terms of the Sublease Agreement as amended, and to assume liability for the monthly rental thereunder. 3. All use of the parking spaces subject to this Subsublease shall be in strict accord with the provisions of the Lease Agreement. In the event either the Lease Agreement or Sublease Agreement is terminated for any reason, this Subsublease shall also be terminated. 4. Notices to Subsublessee shall be addressed to: Gordon S. Barienbrock, 3000 West Ocean Front, Newport Beach, CA 92663; notices to Subsublessor shall be addressed to James A. Carter, 121 Royal Oak Road, Anaheim, CA 92807; or such other address as they may designate in writing. STATE OF CALIFORNIA 85_-% 56999 COUNTY OF Orange }Ss. On May 17, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES A. CARTER and GORDON S BARIENBROCK , known to me to be the person S whose name S are subscribed to the within instrument and acknowledged that they executed the same. WITNESS nd and offici: seal (/ -;> VICKI GINFORD V -✓,_1.i <' rJOTARY I UBLIC - CALIFORNIA Signature '� 'y' 7 O;,gE COUNTY i VICKI BINFORD My ccram. expires 1UL 13, 1904' Name (Typed or Printed) NR 43 (10) (This area for official seal) COMMISSIONERS ym�, 9m9 q 9 v L 89�- 18393& CITY OF NEWPORT BEACH MINUTES January 5, 1989 ROLL CALL INDEX Mo on was voted on to deny Use Permit No. 3070 (Ame ed) subject to the findings in Exhibit "B ". MOTION IED. FINDINGS: 1. That the pr osed addition of baking and service of sandwiches to a take -out restaurant represents an intensification use that will result in an increased parking and for the area. 2. That existing problems ith the unkempt sidewalk and storage of trash wi be aggravated by the intensified use. 3. That the approval of this amen dm t to Use Permit No. 3070 will, under the circums nces of this case, be detrimental to the health, s ety, peace, morals, comfort and general welfare persons residing or working in the neighborhood o to the general welfare of the City. A. Traffic Study No. 52 (Public Hearing) Item No.6 TS No.52 Request to approve a traffic study in connection with a restaurant in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan. UP3328 AND Approved B. Use Permit No. 3328 (Public Hearing) Request to permit the establishment of a nighttime only restaurant with on -sale alcoholic beverages, live entertainment and valet parking on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off - street parking to be located in the Mariner's Mile Commercial Center, at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, E50415/7 ``D4 COMMISSIONERS ROSAX y Yt o�o 89- 183936 MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX Parcel Map 73 -23, located to the rear of 2700 West Coast Highway on the northerly side of West Coast Highway (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: James and Sharon Carter, Anaheim Commissioner Winburn requested a report from staff regarding the Harbor Permit approved for the subject site. James Hewicker, Planning Director, reported that the Harbor Permit that was approved for boat slips bayward of the subject property included boats within those slips that are for sale through yacht brokerages, or used by the businesses on the premises. He explained that the existing Harbor Permit does not allow any of the boat slips to be rented or leased to private boat owners. Discussion ensued between Commissioner Pers6n, Mr. Hewicker, and Bill Laycock, Current Planning Manager, regarding the 32 on -site parking spaces and related off - site parking spaces required for the nighttime restaurant, based on one parking space for each 40 square feet of "net public area ". Commissioner Pers6n emphasized that a primary concern is to be certain that no valets park customers' automobiles on the northerly side of West Coast Highway, and he wanted the applicant to be aware of the seriousness of his concern. Commissioner Pers6n forewarned the applicant that if he observed a valet crossing West Coast Highway that he would immediately call up the use permit for revocation. He commented that valets from at least one restaurant are shuffling automobiles across West Coast Highway and that said restaurant is not subject to a use permit. The public hearing was opened in connection with this item, and Mr. James A. Carter, applicant, appeared before the Planning Commission. Mr. Carter stated that he concurs with the findings and conditions in Exhibit "A" with the exception of Condition No. 21 which states "that a 10 foot wide easement be granted to the City along the bay frontage.., ", and he explained how "sawtoothing" the glass facade of the building enhanced the design of the building which would reduce the easement to between eight and ten feet, wherein he requested that said condition be modified. -22- COMMISSIONERS A ;i" O,o c1�^�, No 9�•�9i9< Z <y<<oso 89- 183936 MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX In reference to Condition No. 16, which states "that all signs shall conform... ", Mr. Carter requested that "new" be inserted; however, he said that the existing sign could be refurbished. In reference to Condition No. 6 requesting a revised parking plan, Mr. Carter explained that the parking lot was restriped two years ago, and when the applicants gave the six foot easement to the City there was an area that would allow additional parking. Mr. Carter requested that universal parking spaces not be required inasmuch as the original parking plan would provide an additional four compact parking spaces. In reference to Condition No. 8, Mr. Carter requested that the subject restaurant be open for lunch on Saturdays and Sundays inasmuch as The Chart House Restaurant is closed for lunch on weekends and additional parking is available. In response to questions posed by Mr. Hewicker, Mr. Carter replied that he could provide an off -site parking agreement inasmuch as he is half -owner of the adjacent property. . Mr. Hewicker commented that the applicant would be required to provide an off -site agreement that meets the requirements of the City. Mr. Carter stated that he intends to park all of the customers' automobiles onsite on weekends for brunch, and that employee parking would probably be offsite. In response to a question posed by Commissioner Pers6n, . Mr. Carter replied that a valet service will manage the valet operation. Mr. Carter stated that the applicants will police the operation to be certain that the valets do not cross West Coast Highway. Commissioner Pers6n emphatically expressed his comments that it is not in the best interests of the applicants or the community - at -large that the valets cross West Coast Highway. In response to questions posed by Commissioner Winburn regarding the Harbor Permit that is in existence and the number of yachts that are maintained for the yacht brokerages, Mr. Carter replied that all of the yachts that are bayward of the property are with yacht brokerages; however, there are some boats that dock there and park offsite. Commissioner Winburn referred to Condition No. 27 which states that "....the applicant shall obtain the required harbor permits and provide . .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space.. ". In response to Commissioner Winburn's -23- COMMISSIONERS y c�c^gNm mo9��9o99�`yP� Zoy� l s C, 89- 183935 MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX statement that no boat charters would be permitted onsite, Mr. Carter assured the Planning Commission that the situation would be taken care of immediately. Mr. Jim Lester, an associate of Burke - Lester, 77 Sea Island, appeared before the Planning Commission on behalf of the applicant. Mr. Lester described the revised parking layout that had been reviewed by staff, and he stated that the universal parking requirements could be met; however, he said that four compact parking spaces would be lost which the applicant would like to maintain. Discussion ensued between Mr. Lester and Chairman Pomeroy regarding the configuration of the parking layout which is where said compact parking spaces would be lost if universal parking spaces were established. Commissioner Pers6n concluded that the parking layout be refined using the universal parking spaces to the satisfaction of the Traffic Engineer in accordance with Condition No. 6. Commissioner Pers6n suggested that he would like to set for a discussion item or a study session the concept of a use permit requirement for all boat charters operating from upland uses inasmuch as said operations could be associated with traffic and parking circulation problems. Commissioner Di Sano concurred with Commissioner Pers6n's recommendation. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission to state that the City's stringent parking requirements, including in -lieu parking fees, is not only going to affect new restaurants but will affect established restaurants. Mr. Sofer referred to the staff report's comments regarding the requirement of dedication of land adopted by the Coastal Commission, and he commented that he has always opposed said dedication. Mrs. Gail Demmer, 2812 Cliff Drive, representing the Newport Heights Community Association, appeared before the Planning Commission to state that said Association supports the proposed project inasmuch as the restaurant meets the Traffic Phasing Ordinance requirements and parking requirements. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission to state his concerns regarding discrepancies in the Traffic Study and the ICU as it relates to the subject restaurant. Don Webb, City Engineer, responded to Dr. VanderSloot's concerns as -24- COMMISSIONERS 2 oe,o t 89- 183936 MINUTES January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX - follows: he said that the General Plan Amendment calculations indicated 1987 data, and that the 0.98 p.m. ICU at the intersection of West Coast Highway and Riverside Avenue is incorrect inasmuch as the consultant counted two critical moves together instead of counting them separately. Mr. Webb stated that the ICU should be 0.78, which is .02 higher than 0.76 used in the current Traffic Report which is the latest traffic count. Mr. Webb explained that the 0.98 vs. 0.78 does not affect the General Plan because the information was not carried forward to 2010 data inasmuch as that was figured separately. In reference to the total number of project volumes shown to be 17 trips as opposed to 27 trips, Mr. Webb stated that the 10 trips not shown would be trips that would be exiting the site, all in the northbound leg, which is a non - critical move. He stated that the changed a number from .01 to .02 was not a change in the ICU because it is a non - critical movement, it is moving at t..e same time as a critical movement, and that the ICU shown is correct at 0.89. Mr. Webb commented that the information submitted is not in error, that the calculations and all of the data shown have deficiencies but would not affect the overall number used. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Webb referred to Condition No. 16 regarding signs, and he explained that Standard 110 -L is used by the Public Works Department to be certain that there is adequate sight distance at driveways. He commented that if the sign impairs the sight distance, it would need to be corrected. Discussion ensued between Chairman Pomeroy, Commissioner Merrill, and Mr. Webb regarding Condition No. 21 so as to maintain the requested 10 foot wide easement but to also permit the encroachment of the sawtooth windows. Motion * Motion was made to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement subject to the findings and modified conditions in Exhibit "A ". Commissioner Di Sano addressed the traffic study as it was presented by Dr. VanderSloot and Mr. Webb, and he made the following modifications to conditions of the use permit. Condition No. 8: approval of an off -site parking agreement on the property adjacent to the subject property if validated by the City, and to permit the applicant to open for brunch or Saturdays and Sundays when parking is available. -25- COMMISSIONERS 4'A A%va 00 :mG9y oy�oi9c9�o� o (:49 89= 183936 MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX Following discussion regarding how Condition No. 21 could be revised to permit the sawtooth design as requested by the applicant and to permit an additional encroachment, the condition was amended to state "that an 8 foot to 10 foot wide easement be granted to the .City for public access and to also accommodate the proposed design of the sawtooth building..." Following discussion regarding boat charters, Condition No. 27 was modified to state that "boat charters bayward of the site shall not be allowed without the approval of an amendment to this use permit." Commissioner Merrill stated that he would not support the motion and he expressed his concerns regarding the concentration of restaurants in Mariner's Mile, and he pointed out the similarity of the hours of operation to other restaurants in the area. Commissioner Merrill referred to restaurant row on La Cienega Boulevard in Los Angeles and he commented that the congestion choked some of the restaurants out of business because it became almost impossible for the traffic to circulate. He commented that the trend appears to be that an office site that is used during the day will also be used for a nighttime restaurant inasmuch as there would be available parking. Commissioner Merrill suggested that the restaurants spread out throughout the City inasmuch as they are a good tax revenue. Motion was voted on to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement Ayes * * * subject to the findings and conditions in Exhibit "A ", No * as previously modified. MOTION CARRIED. Absent * A. Traffic Study No. 52 Findings: 1. That a traffic study has been prepared which analyzes the.impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. 2. That the traffic study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any "major ", "primary- modified ", or "primary" street. 3. That the traffic study indicates the project - generated traffic will be greater than one percent -26- COMMISSIONERS ZmGp�AgQy9'9ZO om9� Zo�,Z <<s # (,` 89- 183936 MINUTES January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX of the existing traffic during the 2.5 hour peak period on one leg of one critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersection which will have an ICU of .90 of less. B. Use Permit No. 3328 Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed restaurant use. 7. That adequate parking exists to serve the proposed development. 8. That the waiver of development standards as they pertain to walls, landscaping and parking lot illumination will not be detrimental to the adjoining properties. 9. That the hours of operation of the proposed restaurant facility and the existing remaining office uses are such as to allow joint use of the on -site parking area. 10. That the proposed modification to the Zoning Code so as to permit valet parking will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, 27 COMMISSIONERS 4 A \11A�Kr NXQ m x.089= 183936 MINUTES January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 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 is consistent with the legislative intent of Title 20 of the Municipal Code. 11. The approval of Use Permit No. 3328 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. Conditions 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. 3. That valet parking service may be provided in conjunction with the proposed restaurant's hours of operation. However, at least 4 on -site parking spaces shall be designated for self - parking and shall be identified in a manner acceptable to the City Traffic Engineer. 4. That the off -site parking area shall be used for employee parking only and that all employees shall park in the off -site parking location. A sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employee bulletin board. 5. That no compact parking spaces shall be permitted within the proposed development, unless otherwise approved by the City Traffic Engineer. 6. That the on -site parking, vehicular circulation an pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, to -28- COMMISSIONERS Z fit` c^ it p mGp�^9pppp�Sp °gyp �. Z Z l s 89-183936 MINUTES January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX include the design and operation of the valet parking service. The applicant shall also prepare a revised parking plan which is consistent with the newly adopted universal parking design standards. Said parking plan shall be subject to the approval of the City Traffic Engineer. 7. That a minimum of one parking space for each 40 square feet of "net public area" shall be provided for the proposed restaurant. 8. That the hours of operation for the proposed restaurant shall be limited between 5:00 p.m, and 2:00 a.m. daily. The applicant shall record a covenant against the property, the form and content to be approved by the City Attorney, which will guarantee that all nighttime on -site parking shall be for the exclusive use of the subject restaurant, an" that all other uses on the site will be closed after 5:00 p.m. The restaurant facility may also be open for brunch on Saturdays and Sundays, provided that an off -site parking agreement is approved by the City Council guaranteeing that the required additional parking spaces are provided on the adjoining property located at 2801 West Coast Highway for the duration of the subject restaurant use. 9. That all mechanical equipment and'-rash areas shall be screened from West Coast Highway or adjoining properties. 10. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 12. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 49 COMMISSIONERS ZmGZ�^Z9099�9.p 9Z 9< Z o Z K000 A- 183936 MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX 13. That a trash compactor shall be installed in the restaurant facility. 14. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. 16. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code, and shall conform to Std. 110 -L. 17. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 19. That the intersection of the private drive and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and walls within the sight line shall not exceed twenty -four inches in height. 20. 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 in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 21. That an 8 foot to 10 foot wide public easement be granted to the City for public access so as to accommodate the proposed design of the sawtoot building along the bay frontage, so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other materials meeting the approval of the Public Works Department. -30- COMMISSIONERS A8-V 0rr O/ din y�G �g,yo (0 89 -1839 MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX 22. That a 6 foot wide easement be granted to the City along the easterly side property line between West Coast Highway and the bay in order to provide unobstructed public access to the bay. Said easement shall be improved with a concrete sidewalk or other material meeting the approval of the Public Works Department with signs to inform the public of its existence. 23. That the entrance drive be reconstructed to conform to City Std. 166 -L. This work will require a Caltrans Encroachment Permit. 24. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. 25. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 26. That no outdoor sound or paging system shall be utilized on -site and all music from the live entertainment shall be confined to the interior of the building and all doors and windows shall be closed while the live entertainment is performed. 27. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required harbor permits and provide the necessary upland support facilities i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. Boat charters shall not be allowed bayward of the property unless an amendment to this use permit is approved. 28. 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. 31- COMMISSIONERS ym9��P9�y9l9po o t (OPR839% MINUTES CITY OF NEWPORT BEACH January 5, 1989 ROLL CALL INDEX 29. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. reconvened at 9:10 p.m. Use Permit No 3336 Public Hearin Item No.7 Reque to permit the establishment of an automobile UP3336 cosmeti and restoration facility which will include body an fender work, painting and detailing of automobile on property located in the M -1 -A District. Approved Said propos also includes a request to install a paint booth and was rack for automobiles. LOCATION: A portion of Lot No. 812h, Newport Mesa Tr t, located at 825 16th Street, on the sou erly side of 16th Street between Place is Avenue and Monrovia Avenue, in the We Newport Beach Triangle Area. ZONE: M -1 -A APPLICANT: Steve Kourac /Auto Cosmetic Inc., Costa Mesa OWNERS: Tim and Steve Bro kshire, Newport Beach The public hearing was opened in onnection with this item, and Mr. Steve Kouracos, applic t, appeared before the Planning Commis ion. Mr. Koura os described his business as working with prototype auto biles that come from Detroit and he explained the requir d equipment to cast the clay and fiberglass molds. He rther stated that he provides color chips to Detroit fo automobiles in the far future. Mr. Kouracos stated that n wash rack is required inasmuch as he sprinkles automob les down and chamois them off. He stated that he conc s with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Her "11 regarding Metalcrafters, Mr. Kouracos explained that s a former employee, his facility is currently adjacent t -32-