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
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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