HomeMy WebLinkAboutC-2829 - Off-Site Parking, Use Permit No. 1908City CounWeeting August 13, 1990
Agenda Item No. F -12
CITY OF NEWPORT BEACH --
i -: L t.:Ir i..;.
- CITY Of NEWPORT 6EAI;H
^-a
TO: City Council A I i 1 3 1M
FROM: Planning Department APPROVEM
SUBJECT: Off -site Parking Agreement C — 2
Request to accept an off -site parking agreement for a portion of the
required parking spaces in conjunction with the change in operational
characteristics of Carmelo's Restaurant recently approved by the
Planning Commission.
LOCATION: Parcel No. 1 of Parcel Map No. 158-41 (Resubdivision No. 645)
located at 3520 East Coast Highway, on the northerly side of East
Coast Highway, between Narcissus Avenue and Orchid Avenue,
(restaurant site); and Lots 1, 3 and a portion of Lot 5, Block 441,
Corona del Mar, located on the northwesterly side of Orchid Avenue,
between East Coast Highway and Second Avenue, in Corona del Mar
(off -site parking lot).
ZONE: C -1
APPLICANT: Carmelo Manto, Newport Beach
OWNER: First Interstate Bank, Newport Beach
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 the subject restaurant facility to be located in an off-
site location.
As outlined in Section 2030.035D 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.
TO: Cuncil - 2.
I
2. Parking on such lot will not create undue traffic hazards in the surrounding
area.
3. Such lot and the building site are-in the same ownership, or the owners of the
building sites have a common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use thereof (ownership of the
off -site lot must be ownership in fee or a leasebold 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.
Suggest Action
If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement
between Carmelo Manto (restaurant site) and the First Interstate Bank (off -site parking
site).
Planning Commission Recommendation
At its meeting of June 7, 1990, the Planning Commission unanimously approved Use Permit
No. 1908 (Amended), a request to amend a previously approved use permit which permitted
the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and
valet parking. The proposed amendment included a request to change the operational
characteristics of the restaurant so as to permit nighttime dancing in conjunction with a live
entertainment dance combo whereas the approved live entertainment was originally limited
to classical or semi - classical music. The proposal also included a request to change the
permitted closing hours of operation of the restaurant facility from 11 :00 p.m., Sunday
through Thursday and 12:00 midnight, Friday and Saturday, to 12:30 a.m., Sunday through
Thursday and 1.30 am., Friday and Saturday. The proposed amendment also involved a
request to provide 10 tables and 40 seats in the outdoor patio area where no more than 8
tables and 24 seats were currently permitted. The proposal also included a request to
provide 4 additional parking spaces in an existing off -site parking area across the alley from
the restaurant use by using tandem spaces. The approval consisted of the Findings and
subject to the Conditions of Approval set forth in the attached excerpt of the Planning
Commission minutes dated June 7, 1990. A copy of the Planning Commission staff report
for Use Permit No. 1908 (Amended), which discusses details of the proposed development,
is also attached for Council review.
(s
r1
U
0
TO:
Ciouncil - 3.
a
In order to provide the additional off - street pafting spaces needed in conjunction with the
dancing and live entertainment, the applicant bas added four additional parldng spaces in
a tandem configuration to the off -site parldng area across the alley from the restaurant
facility. Therefore, during the evening, a total of 47 parldng spaces will be available for the
restaurant use. It was the determination of the Commission that adequate parldng existed
to serve the subject restaurant. In addition the off -site parking lot is located directly across
the alley from the restaurant facility, and the applicant is a long term lessee of the off -site
parking lot.
Respectively submitted,
PLANNING DEPARTMENT
JAMES D. BEWICKER, Director
B r✓
Y
WELLJAM R. IAY OCK
Current Planning Manager
WRL:ll
Attachments for City Council Only:
Planning Commission Staff Report dated June 7, 1990
Excerpt of the Planning Commission Minutes dated June 7, 1990
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk,/ -
CITY OF NEWP6BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
90-6714,30
0 ' RANG ffEgkA1r M
006J NMMME Gi03
i= NORDED IN OFFICIAL Rr-CORDS
OE ORANGE COUNTY CALIFORNIA
p'MQ DEC 24 1990
-EXE
LI RECORDER
C J
Space above this line for Recorder's Use Only
AMENDMENT TO OFF --SITE PARKING AGREEMENT
CARMELO MANTO
3520 E. Coast Highway
Corona del Mar, California
THIS AMENDMENT TO OFF-SITE PARKING AGREEMENT, made and
entered into this 19th day of NOVEMBER , 1990 by and
between
THE CITY OF NEWPORT BEACH, a Municipal Corporation
and Charter City, hereinafter referred to as
"City"
and
CARMELO MANTO hereinafter referred to as 00
"Lessee", JAN 21 191
CITY CLERK
and , cop BEACHVTYy
FIRST INTERSTATE BANK AS x'4=
TRUSTEE FOR LOLA BERNICE BALTZ
Owner of Parking Lot No. 1
4.09 Orchid Avenue
Corona del Mar, California, hereinafter referred to as
"Owner"
is made with reference to the following facts, the materiality
and existence of which is stipulated and agreed to by the parties
hereto:
I. City, Owner and Lessee entered into an Off -Site Parking
Agreement dated June 8, 1983 which was recorded as Instrument No.
- 1 -
83-252488 in Official Records of Orange County, California on
June 14, 1983, hereinafter "Off -Site Parking Agreement".
II. The Off -Site Parking Agreement provided that Owner
leased to Lessee and Lessee leased from Owner certain property
located at 409 Orchid Avenue, Corona del Mar, County of Orange,
State of California, which is more particularly described as:
Lot No. 1: Lots Nos. 1, 3 and the southwesterly 15 feet
of Lot 5, Block 441, Corona del Mar Tract, hereinafter
referred to as "Parking Lot No. 1".
III. The Off -Site Parking Agreement recited that twenty-nine
(29) automobile parking spaces were leased to Lessee on Parking
Lot No. 1 for day and night use.
IV. City, Lessee and Owner agree to modify the parking
configuration on Parking Lot No. 1 to allow for the parking of
thirty-three (33) automobiles on Parking Lot No. 1, the parking
configuration having been approved by City, Lessee and Owner.
V. The Planning Commission of the City of Newport Beach in
conjunction with its consideration of Use Permit No. 1908
(Amended) on June 7, 1990, recommended to the City Council of the
City of Newport Beach approval of this Amendment to Off -Site
Parking Agreement, after determining that the conditions of
Section 20.35.035(D) of the Newport Beach Municipal Code were
satisfied.
VI. The City Council of the City of Newport Beach
considered this Amendment to Off -Site Parking Agreement on August
13, 1990, determined that the Amendment to Off -Site Parking
Agreement satisfies the provisions of Section 20.30.035(D) of the
- 2 -
Newport Beach Municipal Code and the City Council authorized the
execution of this Amendment to Off -Site Parking Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Lessee leases from and Owner leases to Lessee on
Parking Lot No. 1 the exclusive right to use thirty-three (33)
automobile parking spaces for off street automobile parking for
the benefit of Lessee during the term of the Lease between Lessee
and Lessor dated February 1, 1979.
2. All other terms, conditions and covenants of the Off -
Site Parking Agreement not inconsistent herewith shall remain in
full force and effect.
3. Lessee shall fully perform all of the conditions of
approval imposed by the Planning Commission of the City of
Newport Beach on June 7, 1990, in conjunction with the approval
of Use Permit No. 1908 (as amended). The minutes of the Planning
Commission meeting reflecting the conditions imposed are attached
hereto, marked Exhibit "A", and are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to Off -Site Park-i,.ng Agreement to be executed the day
and year first above written.
ATTEST:
City Clerk
CITY
CITY OF NEWPORT BEACH,
r
B
14ayor
APPR D AS TO FORM
C ty Attorney
.H
FIRST INTERSTATE BANK AS
TRUSTEE FOR LOLA BERNICE BALTZ
Owner of Parking Lot No. 1
409 Orchid Avenue
Corona del Mar, California
By: %rte
Assistant Vice Pres dent
and
LESSEE
B\ /w
CARMELO MANTO
- 4 -
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On November 21, 1990 f before me, the
undersigned, a Notary Public in and for Said State, personally
appeared Wanda E. Rag_gio , known to me to be the City Clerk
of the City of Newport Beach, known to be the person whose name is
subscribed to the within instrument, and acknowledged that she
executed it.
WITNESS my hand and offic' al seal.
0A NoEary Public En a for id State
OFFICIAL SERI,
SHAltNA LYN OYLER
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
F MY Comm. Euires Jan. 16, 1993
STATE OF CALIFORNIA
ss
COUNTY OF O GE )
On 7 1990, before me the undersigned, a
Notr'Y�UIITJY6'cc"
n and for said State, personally appeared
� as Mayor of the City of Newport Beach
and is personally known to me to be the person whose name is
subscribed to the within instrument on behalf of the City of
Newport Beach herein named, and acknowledged to me that the City
of Newport Beach executed the within instrument pursuant to a
resolution of its City Council.
STATE OF CALIFORNIA ) SHAM LYNOYM
NOW PUBLIC • CALNORNL%
ss ORANGE COUNTY
COUNTY OF ORANGE : ) NyComm. Wires Jan. 15.1993
i
On 1990, before me, the undersigned,
a Notary Public in and for said State, personally appeared
Carmelo Manto personally known to me or proved to me
on the basis of satisfactory evidence to be the Iperson whose name
is subscribed to the within instrument and acknowledged that he
executed it.
Witness my hand and official seal.
Z J
NotaryPublic
OFFICIAL St"
STATE OF CALIFORNIA ) UU VARIE DICKE SON
ss NOTARY PUBLIC • ca+.lKONA
COUNTY Or ORANGE OMn.
ORANGE
14, 11,*1a2 ?'
On November 20 , 1990, before me, the undersigned,
a Notary Public in and for said State, personally appeared
Melvena Taylor, as Assistant " Vice President of the
corporation, she personally known to me or she proved to me
on the basis of satisfactory evidence to be the person who on
behalf of the corporation therein named and acknowledged to me
that such corporation executed the within instrument pursuant to
its Bylaws or a resolution of its board of directors.
WITNESS my hand and
official-�seal.
%Notary Public/
- 5 -
COMMISSIONERS June 7, 1990 MINUTES
0
. \ U, CITY OF NEWPORT BEACH
ROLL CALL
LL
tNDEX
Use Permit No. 1908 (Amended)(Public Hearing)
Item No.7
Request to amend a previously approved use permit which
UP1908A
permitted the establishment of a restaurant with on -sale alcoholic
beverages, live entertainment and valet parking. The proposed
Approved
amendment includes a request to change the operational
characteristics of the restaurant so as to permit nighttime dancing
in conjunction with a live entertainment dance combo whereas
the approved live entertainment is limited to classical or semi-
classical music. The proposal also includes a request to change
the permitted closing hours of operation of the restaurant facility
from 11:00 p.m., Sunday through Thursday and 12:00 midnight,
Friday and Saturday, to 12:30 a.m., Sunday through Thursday and
1:30 a.m., Friday and Saturday. The proposed amendment also
involves a request to provide 10 tables and 40 seats in the
outdoor patio area where no more than 8 tables and 24 seats are
currently permitted. The proposal also includes modifications to
the Zoning Code so as to provide additional parking spaces in
an existing off-site parking area across the alley from the
restaurant use by using tandem spaces, and to allow one
additional on-site parking space which encroaches into the
required 10 foot rear yard setback adjacent to an alley.
LOCATION: Parcel No. 1 of Parcel Map No. 158-41
(Resubdivision No. 645) located at 3520 East
Coast Highway, on the northerly side of East
Coast Highway, between Narcissus Avenue
and Orchid Avenue, (restaurant site); Lots 4
and 5, Block U, Tract No. 323, located at
the northwesterly corner of East Coast
Highway and Orchid Avenue (Off-site
Parking Lot No. 1); and Lots I and 3, Block
441, Corona del Mar, located on the
northwesterly side of Orchid Avenue,
between East Coast Highway and Second
Avenue, in Corona del Mar. (Off-site
Parking Lot No. 2).
ZONE: C-1
APPLICANT: Carmelo Manto, Newport Beach
OWNER: First Interstate Bank, Newport Beach
-29-
ex'q�Dq "A',
June 7, 1990
COMMISSIONERS MINUTES
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
The public hearing was opened in connection with this item, and
Mr. Jerry King, J. A. King & Associates, appeared before the
Planning Commission on behalf of the applicant. He submitted
14 letters signed by residents living adjacent to the subject site
stating their support of the restaurant. Mr. King reviewed the
previous uses of the subject restaurant, and he explained that the
applicant is currently requesting an amendment to the use permit
so as to reflect the existing operation. Mr. King explained that
the restaurant has never advertised public dancing; that customers
voluntarily danced in response to the music that was being
played; as a result of the letter from the City to the applicant
stating that dancing is not a permitted use, the dancing ceased;
the applicant concurs with staffs recommendations regarding the
parking requirement; and the Off-site Parking Agreement with
the adjacent property owner has been put on file at the City.
Mr. King concurred with the findings and conditions in Exhibit
"N' with the exception of Condition No. 7. He indicated that
the music will commence at 9:00 p.m. Mr. King stated that
Dining Area No. 4 has consistently closed early; however, he
requested that the dining areas closest to the lounge area be
allowed to remain open until 10:30 p.m. He suggested posting
the area so as not to allow dancing until the second dining area
is closed, and the dancing be allowed to commence after the
dinner hour of 10:30 p.m.. Mr. King stated that the applicant
has agreed to post the area prohibiting dancing so as to enforce
the regulation.
Mr. Carmelo Manto, applicant, appeared before the Planning
Commission. In response to a question posed by Commissioner
Di Sano regarding the letter dated September 1, 1989, that was
mailed to the applicant, Mr. Manto concurred with the request
that the Planning Commission review the operation 90 days from
the subject public hearing.
In response to a question posed by Commissioner Debay, Mr.
Manto indicated that the outside patio would remain open after
10:30 p.m. during the summer months. Discussion ensued
regarding the activity between the outside patio and the
restaurant, and the sound from the music would be heard
outdoors. Mr. King explained that the center door that leads
into the restaurant will open for customers to enter or leave the
restaurant facility; however, he said the double doors adjacent to
the music area will be permanently closed throughout the year.
In response to a question posed by Mr. Hewicker, Mr. Manto
-30-
June 7, 1990
COMMISSIONERS MINUTES
ON
0
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
explained that the doors are not required to be unlocked by the
Fire Department, and the intent is to keep the doors
permanently locked.
In response to a question posed by Commissioner Edwards, Mr.
Manto explained that a dance combo is currently providing
entertainment.
Mr. Gary Martin, 323 Narcissus Avenue, appeared before the
Planning Commission wherein he requested that the
entertainment be denied inasmuch as the existing music is
disturbing the neighborhood. He indicated that the music
currently extends beyond 11:00 p.m. on week days and on
weekends.
In response to a question posed by Commissioner Edwards
regarding the applicant's compliance with the previously approved
conditions, Mr. King replied that from the time the applicant
received the foregoing letter from Code Enforcement Officer, the
restaurant has kept the double doors closed. He indicated that
after the air conditioning was installed, there was not the
temptation to open the double doors, and the speakers from the
sound system were adjusted so as not to transmit outdoors..
In response to a question posed by Commissioner Pers6n, Mr.
King explained that the double set of doors in the lounge area
consist of wood and glass that are not double glazed.
Commissioner Pers6n suggested a condition regarding sound
attenuation that would address the expressed concerns.
Chairman Pomeroy indicated that sound emitting from the traffic
on East Coast Highway is very evident for all of the residents in
the area.
Mr. Hewicker stated that the Planning Commission has previously
requested from applicants the services of an engineer practicing
in acoustics to advise what measures can be taken so as to be
assured that no sound is transmitted from the building.
Commissioner Edwards supported the suggestion to review the
use permit in 90 days, and an acoustical analysis requirement
that would include sound attenuated glass.
Mr. Martin reappeared before the Planning Commission wherein
he stated his concern is the Latin music that is being played
instead of the previously approved semi -classical music.
-31-
COMMISSIONERS June 7, 1990 MINUTES
0
CITY OF NEWPORT BEACH
ROLL CALL
I
INDEX
Mr. Royal Radkey, 330 Mayflower Drive, appeared before the
Planning Commission. He addressed the concerns regarding the
sounds transmitting from the restaurant. He referred to the
restaurant's participation in the Corona del Mar Christmas Walk
by stating that it was difficult to hear if entertainment was
actually being played indoors while the double doors were closed.
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
Motion was made to approve Use Permit No. 1908 (Amended)
Motion
subject to the findings and conditions in Exhibit "A", including
the following modifications: amend Condition No. 6 to state. that
"dancing shall not be permitted before 10:30 p.m."; amend
Condition No. 7 stating that Dining Area No. 4 would close at
9:00 p.m. and Dining Area No. 3 would close at 10:30 p.m.; and
add Condition No. 16 requesting "that the Planning Commission
shall review the use permit in 90 days." Commissioner Pers6n
suggested that the use permit be reviewed in 120 days and a
report from an engineer practicing in acoustics be submitted
concerning the sound attenuation of the building as a result of
specific testing during the summer months" for the reason that
the air is more dense and sound travels in the summer months.
Commissioner Di Sano agreed to the revision to Condition No.
16 and stated that the residents would also have an opportunity
to appear before the Planning Commission regarding concerns
that they may have with respect to the restaurant's operation.
All Ayes
The foregoing motion was voted on, MOTION CARRIED.
A. Use Permit No. 1980 (Amended)
Findings:
1. That the proposed restaurant is consistent with the
General Plan, and is compatible with surrounding land
uses.
2. The project will not have any significant environmental
impact.
3. That adequate parking exists to serve the subject
restaurant.
4. The waiver of development standards as they pertain to
landscaping, building setbacks, underground utilities,
-32-
COMMISSIONERS MINUTES 7, 1990 MINUTES
of
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
illumination and walls surrounding the restaurant site, will
not be detrimental to the adjoining properties.
5. That the design of the project or proposed improvements
will not conflict with any easements acquired by the public
at large for access through or use of property within the
proposed development.
6. That public improvements may be required of a developer
per Section 20.80.060 of the Municipal Code.
7. That the Police Department has indicated that they have
no objections to the proposed restaurant operation.
8. The approval of a modification to the Zoning Code so as
to allow the use of tandem parking spaces for a portion
of the required off-street parking 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 and
further that the proposed modification is consistent with
the legislative intent of Title 20 of this Code.
9. The approval of Use Permit No. 1908 (Amended) under
the circumstances of this case will not 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 the subject project shall be in substantial confor-
mance with the approved plot plan and floor plans, except
as noted below.
2. That all previous applicable conditions of approval of Use
Permit No. 1908 and related amendments shall be fulfilled.
3. That 33 daytime and nighttime (after 5:00 p.m.) parking
spaces shall be provided in Off -Site Parking Lot No. 1 and
14 nighttime parking spaces shall be provided in Off-site
-33-
June 7, 1990
COMMISSIONERS MINUTES
00
CITY OF NEWPORT BEACH
ROLL CALL
tNDEX
Parking Lot No. 2 for a total of 33 daytime parking spaces
and 47 nighttime parking spaces.
4. That an amended off-site parking agreement shall be
approved by the City Council providing 4 additional
parking spaces (33 total) within Off-site Parking Lot No.
1.
5. That the on-site vehicular, pedestrian circulation system
shall be subject to further review by the Public Works
Department and the City Traffic Engineer.
6. That the subject restaurant, including dancing and live
entertainment shall be permitted to operate until 12:30
a.m. Sunday through Thursday and 1:30 a.m. on Friday
and Saturday. However, live entertainment shall not be
permitted before 9:00 p.m. and dancing shall not be
permitted before 10:30 p.m.
7. Dining Room No. 4 shall be closed by 9:00 p.m. and
Dining Area No. 3 shall be closed by 10:30 p.m. when the
dancing is permitted.
8. That the development standards pertaining to landscaping,
building setbacks, underground utilities, illumination and
walls surrounding the restaurant site are hereby waived.
9. That no outdoor loudspeaker or paging system shall be
permitted in conjunction with the proposed operation.
10. That live entertainment in the restaurant shall be limited
to a four piece combo and that all music and live
entertainment shall be confined to the interior of the
building and all doors and windows of the restaurant and
lounge shall remain closed during such activity.
11. That a Cafe Dance Permit for the proposed dancing shall
be approved by the City in accordance with Section
5.32.030 of the Municipal Code.
12. That valet parking service shall be provided at all times
during the restaurant's operation.
13. The out -door patio shall be limited to no more than 28
seats.
-34-
COMMISSIONERS
CITY OF NEWPORT BEACH
1990
June ly-ju
MINUTES
ROLL CALL
INDEX
14. 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.
15. 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.
16. That the Planning Commission shall review Use Permit
No. 1908 (Amended) in 120 days, and that a report from
an engineer practicing in acoustics shall be submitted
concerning the sound attenuation of the building as a
result of specific testing during the summer months.
I Amendment No. 708 (Public Hearin
Item No.8
A708
Cont 'd to
6-21-90
Reque to amend Title 20 of the Newport Beach Municipal
Code so to establish the Retail and Service Commercial
(RSC) Distri
INITIATED BY: e City of Newport Beach
James Hewicker, Plannin Director, requested that this item be
continued to the June 21, 1 0, Planning Commission meeting.
Motion
All Ayes
Motion was made and voted on to ntinue this item to the June
21, 1990, Planning Commission meed . MOTION CARRIED.
Amendment No. 709 (Public Hearin)
Item No .9
Request to amend Title 20 of the Newport Beach cipal
Code so as to establish the Residential Overlay District.
A709
(Res. 1228)
INITIATED BY: The City of Newport Beach
Approve
The public hearing was opened in connection with this item.
There being no one to appear before the Planning Commission,
-35-