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HomeMy WebLinkAboutC-2830 - Off-Site Parking, Use Permit No. 1758 - 3388 Via Lidor City Co Meeting August 13,199 Agenda Item No. n -2 . C,--2 3d CITY OF NEWPORT BEACH BY THE Cm COUNCIL TO: City Council C' OF NEWPORT BEACH FROM: Planning Department A - FtU'G 3 1990 SUBJECT: Use Permit No. 1758 (Amended) JL{4 i; ey -?? -1n, nz � Public hearing and City Council review of a request to amend a 4 previously approved 'use permit which allowed the establishment of a private club with on -sale alcoholic beverages, five entertainment,_/44- 6J 'v dancing and off -site parking with a full-time valet parking service. The proposed amendment includes a request to expand the hours of operation of the club so as to allow a 6:00 p.m. opening whereas the existing hours of operation are limited from 9:00 p.m to 2:00 a.m. daily. The proposal also includes a request to formally amend a previously approved off -site parking agreement so as to allow the use of 9 parking spaces in the Lido Building parking lot during the expanded hours of operation. The proposal also includes a request to approve a second off -site parking arrangement on an informal basis ( involving the parking lot at the southeasterly comer of 32nd Street and \\ Villa Way so as to provide a portion of the required off -street parking during the expanded hours of operation. LOCATION: Parcel No. 1 of Parcel Map 60-43 (Resubdivision No. 433)(private club site) located at 3388 Via Lido, on the northeasterly side of Via Lido between Via Oporto and Via Malaga, adjacent to Lido Marina Village; Lot 4, Tract No. 907 (Off -site Parking Site No. 1), located at 3355 Via Lido in the Lido Building parking lot; and Lots 22 -30, Block 530, Lancaster's Addition (Off -site Parking Site No. 2), located at 500 -516 32nd Street, on the southeasterly comer of Villa Way and 32nd Street in Central Newport. ZONE: APPLICANT: OWNER: i Application C -1 Nina's Newport Beach, Newport Beach Traweek Investment Fund #12, Ltd., Newport Beach This application involves a request to amend a previously approved use permit which allowed the establishment of a private club with on -sale alcoholic beverages, live entertainment, dancing and off -site parking with a full -time valet parking service. The proposed amendment includes a request to expand the hours of operation of the club so as TO: %ng Commission - 2. to allow a 6:30 p.m. opening (the applicant originally requested a 6 :00 p.m. opening) whereas the existing hours of operation are limited from 9:00 p.n-L to 2:00 am. daily. The proposal also includes a request to formally amend a previously approved off -site parking Ir agreement so as to allow the use of 9 parking spaces in the Lido Building parking lot during the expanded hours of operation. The proposaj, also includes a request to approve a second off -site parking arrangement on an informal basis involving the parking lot at the southeasterly corner of 32nd Street and Villa Way so as to provide a portion of the required off -street parking during the expanded hours of operation. In accordance with Section 20.72.010 E of the Municipal Code, changes in the operational characteristics of an existing restaurant, such as expanded hours of operation, requires the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code and off -site parking provisions are set forth in Section 20.30.035 D of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, a. Sustain, modify or overrule the action of the Planning Commission; and b. Authorize the Mayor and agreement between Joseph Ltd. (off -site parking site). City Council Action the City Clerk to execute an off -site parking P. Blanchfield (club site) and the Lido Building At its meeting of July 23, 1990, the City Council called this matter up for public hearing and review as provided in Section 20.80.075 of the Newport Beach Municipal Code. Planning Commission Recommendation At its meeting 6f July 5, 1990, the Planning Commission voted (6 Ayes, 1 No) to recommend the approval of Use Permit No. 1758 (Amended) with the Findings and subject to the Conditions of Approval set forth in the attached excerpt of the Planning Commission minutes dated July 5, 1990. A copy of the Planning Commission staff report for Use Permit No. 1758 (Amended), which discusses details of the proposed development, is also attached for Council review. The applicant had originally requested that the club be open at 6:00 p.m., but changed his request to 6:30 p.m. inasmuch as the City Traffic Engineer had concerns regarding the amount of traffic on Via Lido relative to the valet operation as well as potential conflicts between the patrons of the private club and patrons of the City National Bank on Friday afternoons, when the bank is open until 6:00 p.m. By opening 30 minutes later, both of these concerns are adequately mitigated inasmuch as the amount of traffic on Via Lido is significantly reduced at 6:30 p.m. so as not to be a problem. The City Council should also be aware that the applicant's purpose for opening at 6:30 p.m. is not to change the operational characteristics of the club, which has previously been described as a late night operation. Rather, said request is for the purpose of allowing the occasional use of the club A 9 TO: .ring Commission - 3. Of" for private parties during the early evening. The applicant has indicated that the peak hours of the club operation will still be after 11:00 p.m. - In order to satisfy the additional parking demand for the private club between 6:30 p.m.and 9 :00 p.m., the applicant has obtained the use of 36 additional parking spaces, beginning at 6:00 p.m. nightly, in the off -site parking lot located at the southeasterly corner of 32nd Street and Villa Way (see attached plans). In addition, the applicant has obtained the earlier use, beginning at 6:00 p.m., of the 9 parking spaces currently permitted by the club in the Lido Building (3355 Via Lido). Although the applicant has obtained an amended off -site parking agreement for the early use of the 9 parking spaces at the lido Office Building site, he has not been able to obtain a formal off -site parking agreement from his landlord who owns the 32nd Street parking lot, even though the applicant already has the right to use 36 parking spaces in said parking lot (see attached excerpt from applicant's lease agreement in the Planning Commission staff report). The inability to obtain such an agreement is probably due to the ongoing legal actions taken by the applicant against his landlord regarding other issues associated with his lease agreement. As a result of this difficulty, the applicant is requesting that the City Council accept the 36 parking spaces in the 32nd Street parking lot on an informal basis, inasmuch as said parking lot is in the same ownership as the space occupied by the private club and that the applicant currently has the right to use said parking spaces under the terms of his existing tenant lease. A majority of the Planning Commissioners had no objections with this parking arrangement due to the common ownership between the off -site parking lot and the commercial space occupied by the private club, as well as the provisions of the applicant's tenant lease provides adequate assurance that the parking spaces will be available to the applicant. Respectively submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director WILLIAM R. GK7CK� Current Planning Manager Attachments for City Council Only: Planning Commission Staff Report dated July 5, 1990 with attachments Excerpt of Planning Commission Minutes dated July 5, 1990 Additional Letter of Opposition Parking Lot Plans and Floor Plan C - 2-J3 cA, atotKOMMMEQUESTPO WERNMW CM 6103 0 90-511493 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: RECORDED IN OFFICIAL RECORDS City Clerk ley OF ORANGE COUNTY CALIFORNIA CITY OF NEWP6R BEACH 1sM SEP 2 11191 3300 Newport Boulevard Newport Beach, California 92663 �`0 Recorder Space Above This Line for Recorder's Use Only IN OFF-SITE PARKING AGREEMENT 3388 Via Lido, Third Floor ',ta Newport Beach, California (� ,,HIS AGREEMENT, made and entered into this �21 day of / 011990, by and between CITY OF NEWPORT BEACH, a unicipalcorporation and charter City, hereinafter referred to as "City" and JOSEPH P. BLANCHFIELD, hereinafter referred to as "Lessee," is made with reference to the following facts, the materiality and existence of which are stipulated and agreed by the parties hereto: I. Lido Building Ltd. owns certain real property located at 3355 Via Lido, in the City of Newport Beach, County of Orange, State of California (the "Lido Building Property"); and II. Lessee operates a business on property located at 3388 Via Lido, Third Floor, Newport Beach, California which real property is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"), known as a nightclub. Provisions of the Newport Beach Municipal Code require persons conducting a nightclub to provide parking spaces for their customers; and III. Lessee has applied to City for a use permit because Lessee proposes to operate a business upon his Property in a manner such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement with Lido Building Ltd., which agreement grants to Lessee the exclusive right to use nine (9) automobile parking spaces during the hours of 6:00 p.m. to 11:00 p.m. and sixty (60) spaces during the hours of 11:00 p.m. to 2:00 a.m. A copy of the written agreement and Amendment #1 to said agreement are attached hereto and marked Exhibit "B"; and V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of Use Permit No. 1758 (amended), recommended to the City Council of the City of Newport Beach approval of this Off -Site Parking 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 ek—) execution of this Agreement, NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee shall execute and do all things necessary to ensure the effectiveness and validity of the written agreement pursuant to which Lessee has the right to automobile parking spaces on the Lido Building Property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by the Lease Agreement and Amendment #1 to said Agreement ( Exhibit "B") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates nightclub located at 3388 Via Lido, Third Floor, and with the characteristics, and intensity of use, authorized by the Lease and any previous approvals granted by City. 2. In the event that the use of the off-street automobile parking spaces provided for on the Lease Agreement (Exhibit "B") are lost to Lessee, for any reason, Lessee agrees to do the following: a. Alter the characteristics of, or reduce the capacity of, the nightclub located at 3388 Via Lido, Third Floor such that the automobile parking spaces available to, and under the control of, Lessee are given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal. Code; b. Notify, in writing and within thirty (30) days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and c. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement and Amendment #1 to said Agreement (Exhibit "B") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council for the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all times the nightclub 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 for the conditions of approval imposed by the Planning Commission and/or City Council of the City of Newport Beach in conjunction with the approval of Use Permit No. 1758 (amended). The minutes of the Planning Commission and City Council reflecting the conditions imposed are attached hereto, marked ExhibitS "C"AA '°,D" are incorporated herein by reference. 5. Lessee shall, at least ninety (90) days prior to the expiration of the written Lease Agreement and Amendment #1 to said Agreement, (Exhibit "B") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and contains terms no more restrictive than those contained in the existing Lease Agreement and Amendment #1 to said Agreement, (Exhibit "B"). 6. This Agreement shall run with the Property, shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation By --e Mayor By signing this Agreement Lido Building, Ltd. acknowledges that it is aware of the terms of this Agreement and approves of its recordation. In consideration of Lido Building, Ltd. executing this Agreement, in the event that the written agreement identified in Recital IV is terminated by its terms, the City and Lessee agree to execute such documents as are reasonably necessary to remove this Agreement from the record title of the Lido Building Property. Notwithstanding the foregoing (except as set forth in the first sentence of this paragraph), Lido Building, Ltd. has no duties or obligations and has granted no rights under this Agreement. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: On ------September 21, 1990 undersigned, a Notary Public in and for theOSt before me, the appeared Ruthel n Plummer , Personally Mayor of the City of Newport Beach and known to me to be the E. Raggio known to me to be the City Clerk of the City aofaNewport Beach, known to me to be the persons to the within instrument, and acknowledged toames that theyarecribed executed the same. WITNESS my hand and official sea Notary Public in a or sa' State STAT -- T-- OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this 27th day of April in the year 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared JOE BLANCHFIELD known to me to be the person that executed the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. r OFFICIAL SEAL PAT 10A K. HARTSHCK a: NOTARY PUBLIC • CALWORNI Patricia K. a r t s o c k ORANGE COUNTY ,,Fps Hy Comm. Expires Jan. 29, 1993 Notary Public in and for said State STATE OF CALIFORNIA ss. COUNTY OF ORANGE On this - t day of +PklL, , in the year / lC , before me, the undersigned, a Notary Public in and for said State, personally appeared RONALD E. SODERLING, known to me to be the General Partner of LIDO BUILDING, LTD., the partnership that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said partnership. WITNESS my hand and official seal. Ea sx OFFICIAL SEAL PR CR COD NOTARYR. HARTSO NOTARY PUBLIC • CALIFORNIA ORANG`* Comm.xpECaan.2 NotaryPublic in and for said State 4l IFOA �' � m. Expires Jan. 29,1943 Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on Map filed in Book 60, page 43, of Parcel Maps in the Office of the County Recorder of said County. 1*1441 to AMENDMENT #1 TO REVOCABLE LICENSE TO PARLIA THIS AMENDMENT #1 TO REVOCABLE LICENSE TO PARK is made a entered into this '2-771�,_ day of i --, 1990, by a between JOSEPH P. BLANCHFIELD ("Blahchfield") and LIDO BUILDI LTD. ("Lido"), who agree as follows: I WHEREAS, Blanchfield and Lido entered into a REVOCABLE LICENSE TO PARK ("License Agreement") dated April 17, 1987, granting a license to park subject to various terms; and WHEREAS, the parties desire to amend the License Agreement in several respects. NOW, THEREFORE, in consideration of the foregoing, IT IS AGREED by and between the parties hereto as follows: 1. The Sixth (6th) Recital Paragraph regarding Off -Street Parking is hereby deleted and replaced with the following:. Lido will make available nine (9) off-street parking spaces to Blanchfield during the hours of 6:00 p.m. to 11:00 p.m. Thereafter, Lido will make available sixty (60) spaces to Blanchfield during the hours of 11:00 p.m. to 2:00 a.m. 2. Paragraph 9 is hereby amended as follows: The term of the License Agreement shall be extended by an additional 3 years from the original termination date, subject to certain provisions in the License Agreement which may allow for early termination by either party. 3. If any action at law or in equity is necessary to enforce or interpret the terms of this Amendment or the License Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 4. Except as set forth in this Amendment, all the provisions of the License Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first above written. JO ,gPH'I�P. BLANCHFIELD/" LID BUILDING LTD. Licenseldo CITY OF NEWPORT BEACH Motion All Ayes X Recycled report from the Planning ,Zepartment, dated July 9, 1990. C N4 ommu cation from Annette Bell in support of 14r. 111hzney's application. The City Cly �. advised that after the agenda was print*o, a letter was received from Owen Minney'applicant, requesting this item be removed om, the calendar and rescheduled for a laterUte. There being no objections, motlipn was made to review the commercial /resident 1 mixed- use issue at a future study session, close the subject hearing; and remove this em from the calendar as requested. 2. Mayor Plummer opened the public hearing and City Council review of USE PERMIT No. -1758 (AMENDED). A request of NINA'S NEWPORT SEACH, to amend a previously approved use permit which allowed the establishment of a private club with on -sale alcoholic beverages, live entertainment, dancing, and off-site parking with a full-time valet parking service. The proposed amendment includes a request to expand the hours of operation of the club so as to allow a 6000 p.m. opening, whereas the existing hours of operation are limited from 9:00 p.m. to 2:00 a.m. daily. The proposal also includes a request to formally amend a previously approved off-site parking agreement so as to allow the use of nine parking spaces in the Lido Building parking lot during the expanded hours of operation. The proposal also includes a request to approve a second off-site parking arrangement on an informal basis involving the parking lot at the southeasterly corner of 32nd Street and Villa Way so as to provide a portion of the required off- street parking during the expanded hours of operation. Property located at 3388 Via Lido, adjacent to Lido Marina Village, on the northeasterly side of Via Lido between Via Oporto and Via Malaga. Report from the Planning Department. The City Clerk advised that after the agenda was printed, three letters were received in opposition to the request for expanded hours, etc., from 1) First Church of Christ scientist; 2) Lido Isle Community Association; and 3) Louise Greeley, 16 Swift Court. INDEX U/P 1758(M Ci(Y OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �A 0 ROLL CAL August 13, 1990 INDEX The City Manager summarized the staff report as follows: "The applicant had originally requested that the club be open at 6:00 p.m., but changed mals request to 6:30 p.m.., inasmuch as the City Traffic Engineer had concerns regarding the amount of traffic on Via Lido relative to the valet operation, as well as potential conflicts between the patrons of the private club and patrons of the City National Bank on Friday afternoons, when the bank is open until 6:00 p.m. By opening 30 minutes later, both of these concerns are adequately mitigated, inasmuch as the amount of traffic on Via Lido is significantly reduced at 6:30 p.m. so as not to be a problem. The City Council should also be aware that the applicant's purpose for opening at 6:30 p.m. is not to change the operational characteristics of the club, which has previously been described as a late night operation. Rather, said request is for the purpose of allowing the occasional use of the club for private parties during the early evening. The applicant has indicated that the peak hours of the club operation will still be after 11:00 P.M. "In order to satisfy the additional parking demand for the private club between 6:30 p.m. and 9:00 p.m., the applicant has obtained the use of 36 additional parking spaces, beginning at 6:00 p.m. nightly, in the off-site parking lot located at the southeasterly corner of 32nd Street and Villa Way. In addition, the applicant has obtained the earlier use, beginning at 6:00 p.m., of the nine parking spaces currently permitted by the club in the Lido Building (3355 Via Lido). However, pursuant to the parking requirements set forth in the Municipal Code, the applicant is still short three parking spaces." Following discussion of the applicant's tenant lease, as set forth on page 24 of the staff report, reference was made to valet parking on the street to which the City Attorney commented that pursuant to the original Conditions of Approval, any valet parking on the street would be a violation of the use permit. U/P 1758(A) Motion Motion X X Joe Blanchfield, applicant, addressed the Council in support of his request to open at 6:30 p.m., stating that the earlier time would allow the club to cater to private parties, such as the boat parade, etc. He further stated that the club is open to the public and provides cocktails and dancing only, and if food is desired for a private party, then it is catered. He displayed a photograph of the recently remodeled club, and urged approval of his request. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss expressed his concerns regarding the requested change of hours and parking in the area, and following his comments, made a motion to deny the request, based on the Findings and Conditions designated as Exhibit "B" in the staff report. Council Member Watt expressed her opposition to the request for a 6:30 p.m. opening time for private parties, indicating she felt it could lead to a new type of operation, and change the characteristics of the business. Council Member Cox spoke in support of the request and against the motion on the floor, stating the night club is in a business district and the applicant should be allowed to operate during business hours; and therefore, jmade a substitute motion to sustain the decision of the Planning Commission, based on the Findings and Conditions designated in Exhibit "A" of the staff report, and adding a new condition to read as ,follows, Permittee shall notify the City in the event of receipt of any notice to terminate parking rights pursuant to the Lease, and in such event, the Planning commission or City Council on review or appeal, may add or modify conditions of approval or otherwise require a change in the operational characteristics." Council Member Hart indicated she could not support the substitute motion, inasmuch as the applicant was short three required parking spaces. MOM U/P 1758(A) CITY OF NEWPORT BEACH COUNCIL MEMBERS ,A V ROLL CAL August 13, 199C Motion Ayes Noes Motion All Ayes , x I X1 X MR11-M In view of the foregoing, a second substitute motion was made to moiiEhe ec i s io n of the Planning Commission and allow the a authorize the Mayor and _City plerk to execute an off -site- parking , agreement between Joseph P. Blanchfield (4:�Iub site) and the Lido Building Ltd. (off-site parking site); and to include the addition of Condition No. 12, as presented on the foregoing minute page. 3. Mayor Plummer opened the public hearing regarding PROPOSED ORDINANCE NO. 90-33, being, AN ORDINANCE OF THE CITY COUNCIL THE CITY OF NEWPORT BEACH AMENDI TITLE 20 OF THE NEWPORT BEA MUNICIPAL CODE ONCAS IT APPLIES NONFORMING USES AND STRUCTU (PLANNING COMMISSION AMENDMENT NJ 712). Report from the Planning Department. The City Manager summarized the staff report, noting the proposed amendment is intended to address alteration of structures necessary to comply with the City earthquake standards, replacement of damaged or destroyed condominium units, and alteration of extensively damaged \tructures. On July 5, 1990, the Planning C ission voted unanimously to recommend to he City Council the adoption of the �o DrovolsEed amendment Lou VONY1 '310 Fernando Avenue, representi Newport Bay Towers Homeowners ressc Association, ddressed the Council, and was assured by the lanning Director that their concerns expre ed on July 5 to the Planning Commiss' were included in the subject document Hearing no others wisN.ng to address the Council, the public hearkig was closed. Motion was made to adopt Ornce No. 90-33® NZ None. Volume 44 - Page 267 INDEX Ord 90-33 Zoning (94) PCA 712 i_::KH1131T "C" COMMISSIONERS Substitute Motion Withdrawn Substitute Motion Ayes No ra M July 5, 1990 MINUTES Commissioner Pomeroy withdrew his previous substitute motion and made a substitute motion to continue Variance No. 1165 to the August 9, 1990 Planning Commission meeting with the understanding that the applicant is to redesign the project in accordance with the height limits specified in Exhibit "B" so as to preserve public views. In responding to Conm-Assioner Glover's comment regarding a reluctance to approve a continuance in light of the previous cF ntinuance and the applicant's failure to work with staff in the redesign of the project, Mr. Cowan stated that previously he had only one day before resubmittal, and on that particular day the planner he had been working with was not available; and continuing the public hearing until August 9, would allow two weeks in which to work with staff in the redesign. Substitute motion was voted on to continue Variance No. 1165 to the August 9, 1990 Planning Commission meeting. MOTION CARRIED. use Permit No. 1758 (Amended )( Continued - Public Hearin 4 Request to amend a previously approved use permit which allowed the establishment of a private club with on -sale alcoholic beverages, live entertaim-nent, dancing and off-site parking with a fall -time valet parking service. The proposed amendment includes a request to expand the hours of operation of the club so as to allow a 6:00 p.m. opening whereas the existing hours of operation are limited fro� 1 900 p.m. to 2:00 a.m. daily. The proposal also includes a rz luest to formally amend a previously approved off-site parking greement so as to allow the use of 9 parking spaces in the Lido Building parking lot during the expanded hours of operation. The proposal also includes a request to approve a second off-site parking arrangement on an informal basis involving the parking lot at the southeasterly corner of 32nd Street and Villa Way so as to provide a portion of the required off-street parking during the expanded hours of operation. Vi tem No. 3 mm, roved 1`A I NUT ES July 5, 1990 LOCATION: Parcel No. 1 of Parcel Map 60-43 (Resubdivision No. 433)(private club site) located at 3388 Via Lido, on the northeasterly side of Via Lido between Via Oporto and Via Malaga, adjacent to Lido Marina Village; Lot 4, Tract No. 907 (Off- site Parking Site No. 1), located at 3355 Via Lido in the Lido Building parking lot; and Lots 22-30, Block 530, Lancaster's Addition (Off-site Parking Site No. 2), located at 500- 516 32nd Street, on the southeasterly corner of Villa Way and 32nd Street, in -Central Newport. ZONE: C-1 APPLICANT: Nina's Newport Beach, Newport Beack OWNER: Traweek Investment Fund # 12, Ltd., Newport Beach The public hearing was opened in connection with this item and Mr. Joe Blanchfield, applicant, appeared before the Planning Commission, and stated his agreement with the findings and conditions in Exhibit "A." There being no others desiring to appear and be heard, the �#,ublic hearing was closed, but was reopened when Commissioner Edwards indicated he wished to address a question to the applicant. The applicant, Mr. Blanchfield, reappeared before the Planning Commission. Commissioner Edwards referred to the off-site R. rking agreement between Mr. Blanchfield and the landlord, Lido Marina Village, which is impacted by the on-going legal actions mentioned in the staff report, and inquired as to when the action might be resolved. Mr. Blanchfield explained that the many changes of ownership of Lido Marina Village had complicated and prolonged the settlement of the legal action. Mr. Blanchfield confirmed that 9 parking spaces were permitted KE 1N, 0 E X July 5, 1990 MINUTES on the Lido Building site, and 36 spaces located at the southeasterly corner of Villa Way and 32nd Street were included in his lease and were included in the legal action. The public hearing was closed. In responding to Commissioner Merrill's comments questioning the distance from the offsite parking site on Villa Way to the club site, Current Planning Manager William Laycock stated that the application includes full-time valet parking service, and said offsite lot was used by the former club on the subject property. Motion was made and voted on to approve Use Permit No. 1758 (Amended) subject to the findings and conditions in Exhibit "A." MOTION CARRIED. Findins: y, 1. That the proposed project is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. The off-site parking areas are located so as to be useful to the private club. 4. Parking on off-site lots will not create undue traffic hazards in the surrounding area. 5. That the applicant J is entered into appropriate leases for the off-site parking -,)aces, which are of sufficient duration for the proposed project. 6. That the property containing the private club and the proposed off-site parking area located at the southeasterly corner of 32nd Street and Villa Way are in the same ownership. 7. That the hours of operation of the private club and the other commercial uses using the on-site and off-site M July 5, 199 "U parking areas are such as to allow joint use of the parking areas. 8. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed project. 9. That public improvements may be required of the applicant per Section 20.80.060 of the Municipal Code. 10. That the design of the development or the 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. 11. The approval of Use Permit No. 1758 (Amended) win 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. 5 a',a` : !�.' 1. 'nat the proposed project shall be in substantial conformance with the approved parking lot plans and floor plan, except as noted below. 2. That all previously applicable conditions of approval of Use Permit No. 1758 and 1758 (Amended) shall be fulfilled. 3. 'Mat the hours of operation of the private club shall be limited between 6:30 p.m. and 2:00 a.m. nightly. 4. That the applicant shall provide a minimum of 9 off-site parking spaces, from 630 p.m. to 2:00 a.m. nightly, at the it Office Building located at 3355 Via Lido and a minimum of 36 off-site parking spaces, from 6:30 p.m. to 2:00 a.m. at property on the southeasterly corner of 32nd Street and Villa Way located at 500-516 32nd Street. ON HNOEX 'COMMISSIONERS MINUTES July 5, 1990 gmM 5. An amended off-site parking agreement shall be approved by the City Council for the earlier 630 p.m. use of the 9 existing off-site parking spaces at the Lido Office Building located at 3355 Via Lido. 6. That the earlier 6:30 p.m. opening of the private club shall be discontinued if the applicant loses the right to use any of the on-site or off-site parking spaces approved in conjunction with this application unless suitable replacement parking is provided at a location approved by the Planning Commission. 7. That the on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That the applicant shall obtain Coastal Commission approval of this application prior to the opening of the private club at 6:30 p.m. 10. 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. 11. 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. Use Permit No. 3289 (AmendedX'Public HearLng� Request to amend a previously approved use peri. -nit which 1,vermitted the establishment of a 53 unit motel facility and rFla: ted restaurant and cocktail lounge on property located in tl7e ff" tem No. 4 KIM% cont. to 7-19-90