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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-