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Home My WebLink AboutC-1493 - Off-Street Parking Agreement (2)J 1 gym_ CITY OF NEWPORT ' BEACH CALIFORNIA C�CrF City Hall Oit3a3r 3300 W. Newport Blvd.' Area Code 714 673 -2110 DATE February 111 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 0-1493 Amended Description of Contract Off -Site Parking Agreement for Cannery Mstaurant Authorized by Resolution No. 8140 , adopted on November 26, 1973 Effective date of Contract January 17, 1974 Contract with Westem Canners Company, Ltd. Address c/o Burgess and Donovan 2737 West Coast HWway, Corona del Mar, CA 92625 Amount of Contract --_ R 11 I February 11, 1974 Western Canners Cry, Ltd. c/o Burgess and Donovan 2787 West Coast Highway Corona del Mar, CA 92625 Attached is an executed copy of the Amended Off -Site Parking Agreement for the Cannery Restaurant at 8010 Lafayette Avenue, Newport Beach which has been raaorded by the Orange County Recorder. This agreement Was authorized by the City Council cn November 26, 1973 by the adoption of Resolution No. 6140. Laura Legioe,CHC City Clark LL:swk enc. cc: Community Development Department Note: The recording information is: Book 11063 page 1390 Recorded: 9:05 an Jan. 25, 1974 Instrument No. 17895 Rec LAU= ;r, GG To: CITY CLERKEPDCSRED 8� CITY C; T :i =' Yr "T BEACH I' 3300 NE'NPO:.7 6.^.ULEVARD NEWPC:z eUXH, CALIF. 92660 h ! ! 0 3 ?c 1300 1-7895 _ RECORDED IN OFFICIAL RECORDS FREE OF ORANGE COUNTY, CALIFORNIA C8 B:05 A.M. JAN w 1974 J. WYLIE CARLYLE, County Retarder AMENDED OFF -SITE PARKING AGREEMENT THIS AGREEMENT, made an entered into this 17-t4 day of 6J2,rl2a P }' 197,3', by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter sometimes referred to as "CITY "), and WESTERN CANNERS COMPANY, LIMITED (hereinafter sometimes referred to as "OWNER "). RECITALS 1. Western Canners Company, Limited, is the owner of both of those certain parcels of real property located in the City of Newport Beach, hereinafter referred to as Parcel A and Parcel B: PARCEL A Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, County of Orange, State of Cal- ifornia, as per map recorded in Book 5, Page 14, of Miscellaneous Maps, recorded in the office of the County Recorder of said County, together with that portion of 31st Street, as shown on said map of Lancaster's Addition to Newport Beach, as abandoned by resolution of the City Council of the City of Newport Beach, a copy of which was recorded July 8, 1955, in Book 3131, Page 557, of Official Records of said County of Orange, more commonly known as 3010 Lafayette Avenue, Newport Beach. PARCEL B Lots 11 through 14, Block 430, Lancaster's Addition to Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14, of Miscel- laneous Maps, recorded in the office of the County Recorder of said County, except that portion of Lot 11 described as follows: Beginning at a point on the northerly line of said lot, westerly 29.45 feet from the northeast corner =� of said lot; thence easterly 29.45 feet to said northeast corner; thence southerly 29.45 feet along the easterly line of said lot; thence northerly and westerly 38.97 feet along a curve concave southwesterly, !Z -�, having a radius of 20 feet, to the point of beginning, p. -1- 0 9K 1106 3n 1391 more commonly known as 500 31st Street. Said parcels are shown on the attached Location Map, designated Exhibit "A ", and made a part hereof by this reference. 2. At the meeting of the Planning Commission of the City of Newport Beach held on April 29, 1971, a Use Permit allowing a restaurant operation was approved on condition that the City Council approve an off -site parking agreement prior to the issuance of a building permit for the restaurant. 3. On October 24, 1972, an off -site parking agreement was entered into by and between Owner and City. On May 31, 1973, an amended off -site parking agreement was entered into by and between the parties. Owner now proposes to make further modi- fications to the capacity of the restaurant and to the layout of the off -site parking lot. These modifications necessitate that another amended off -site parking agreement be entered into by and between the parties. 4. Owner now proposes to operate a restaurant on said Parcel A, with a total seating capacity of 278 seats. 5. The Newport Beach Municipal Code will require a total of 93 off - street parking spaces to be provided to accom- modate a seating capacity of 278 persons. 6. A total of 48 off - street parking spaces will be provided on Parcel A. 7. Section 20.38.040 of the Newport Beach Municipal Code provides for off - street parking on a separate lot, provided certain conditions are satisfied. 8. Owner will improve Parcel B as shown on the attached diagram marked "Exhibit B" and made a part hereof by this ref- erence, to provide a total of 45 off - street parking spaces for the use and benefit of the restaurant on Parcel A. Parcel B is located directly across Lafayette Avenue from the northerly portion of Parcel A. -2- 4) 9K 1 ! 063PC ! 392 NOW, THEREFORE, in consideration of the approval by City of Owner's use of the property at 3010 Lafayette Avenue, I Newport Beach, as a restaurant, and in consideration of approval of the use of Parcel B described hereinabove for off -site park- ing for said restaurant pursuant to Section 20.38.040 of the Newport Beach Municipal Code, the parties hereto agree as follows: A. For so long as the building located on the property at 3010 Lafayette Avenue, Newport Beach, is occupied by the proposed restaurant, 45 off- street parking spaces will be pro- vided on the lot located at the southeast corner of Lafayette Avenue and 31st Street, described as Parcel B hereinabove, for the exclusive use of the customers and business invitees of the restaurant. B. Owner shall restripe the off -site parking lot and relocate wheel stops in accordance with the parking plan which is attached hereto as Exhibit "B ". The off -site parking lot shall be landscaped and maintained in accordance with a plan which is to be reviewed and approved by City's Director of Parks, Beaches and Recreation. Owner shall be responsible for all costs resulting from any changes in curb, gutter and drive approaches on Lafayette Avenue, 31st Street and the alley between 30th and 31st Streets which are necessitated by the revision of the parking plan on the off -site parking lot. C. This agreement-shall run with the real property described as Parcel A hereinabove and shall bind the heirs successors; and. assigns of the parties hereto, and, it shall be recorded in the office of the County Recorder of Orange County. D. This agreement shall supersede the terms and conditions of that amended off -site parking agreement entered into by and between the parties hereto, dated May 31, 1973. -3- I a � U 1 1063 °G 1393 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. WESTERN CANNERS COMPANY, LIMITED gess , STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 19, 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared Walter Burgess known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Not dry ublic in and for said County nd State `i. CITY OF NEWPORT BEACH, a municipal corporation � $ Mayor ATTEST: —' F00.N`P APPROVED AS ,TO,FQRM: Assistant City Attorney STATE OF CALIFORNIA / ss COUNTY OF ORANGE ) On '..- t! '10 before me, the undersigned, a Notary Publ c in and for said State, personally appeared DONALD A. McINNIS, known to me to be the Mayor, and LAURA LAGIOS, known to me to be the City Clerk of the municipal corporation that we 0 0 ex 110G3PC 1 394 executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the municipal corporation herein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. {� Notary Public in and for said = !A ", County and State -5= DRB : ep 12/4/73 1 ! 063PG 1345 VA- �.:�v 2SG'�- -ricer � �'✓ �. • 9 ' \\�yv� Gr.•�.L -_ �:v. _ ,.�\ �1 0 ? `rte • 9a �i\� � '•`ice ',�, a�.yi•,'. (, .�� _ tI � w O� �. -Z parbel A Y..✓ � S �- b� 1. O 1 ~ %•,: ` • _ S'.`i �i� *� `ter~ •` \ � �`. Q / z� 0 1 .\ �� TE /GO / ' �.� _ \�. �.. \ .. . is `i..,'; -; 7 •�t,r �,' ►1 (M E X H I B I T " B" I r Y w'nt F. is Yr L. MW - II\\ n' sren \rcorsiw. 00 n }} Y Y,F - .csuw uxere cu xsuxwr . - ura"ie ave. ►1 (M E X H I B I T " B" CITY OF NEWPORT BEACH i CALIFORNIA C'9G /FpRN�P City Hall 3300 W. Newport Blvd. JanUary 22, 1974 Area Code 714 673 -2110 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Amnelati Off —C4+w Park4nn ASWG,,,o„t dated 1 -17 -74 from western CWrA c COMDM c, T rdtod for parking purposes. Authorized by Resolution No. fl1wn City Manager authorized by Resolution No. 6773 to accept easement deeds. Laura Lagios City Clerk LL:swk enc. F, S:Z3 City Council Meeting November 26, 1973 NOV 2F; 1973 Council Agenda No. H -2 (e) ly November 21, 1973 TO: CITY OF NEWPORT BEACH City Council r FROM: Department of Community Development SUBJECT: Amendment to Off -Site Parking Agreement for Cannery Restaurant (Western Canners Company, Ltd.) (Use \Permit Application No. 1521) J Recommendation Adopt resolution authorizing the execution of a revised agreement between the City of Newport Beach and Western Canners Company, Ltd. subject to the following conditions: 1. That the existing parking lot shall be restriped and the wheel stops relocated in accordance with the revised park- ing lot layout. 2. That the parking lot shall be landscaped and maintained in accordance with a plan which is reviewed and approved by the Director of Parks, Beaches and Recreation. 3. That it shall be the responsibilty of Western Canners Company, Ltd. to bear all costs for any changes in curb, gutter and drive approaches in Lafayette Avenue, 31st Street and the alley between 31st and 30th Streets which are necessitated as a result of this amendment. Background On April 29, 1971, the Planning Commission approved Use Permit No. 1521 to permit a restaurant in the M -1 District, including tandem parking on site and an off -site parking lot. A condition of approval attached to the Use Permit provides that the off -site parking lot located across the street "on the westerly side of Lafayette Avenue, shall be subject to an off -site parking agreement prepared by the City Attorney and approved by the City Council; said parking agree- ment to maintain a flexibility in the parking arrangement subject to the approval of the Director of Community Development." On October 24, 1972, a request was presented to the City Council by Raub, Bein, Frost and Associates, and Resolution No. 7863 was adopted authorizing the execution of an agreement between the City and Western Canners Company, Limited for the use of the off -site parking facility. Said Resolution provided that 38 parking spaces will be maintained in the off -site lot. Building Permits were issued for the restaurant on November 3, 1972. However prior to the completion of the building the applicant re- evaluated the parking lot layout and the off -site parking agreement was amended to provide for a maximum of 37 spaces in the off -site lot on May 29, 1973, just prior to the opening of the restaurant. In the five months that restaurant has been in operation the applicant has experienced a problem with non - patron parking in the off -site lot and this amendment is sought partially as a solution to that problem. However, in addition, this amendment will also produce W TO: City ouncil - 2. seven additional parking spaces which, when combined with an existing surplus seating capacity of 26 seats, will produce sufficient parking to allow the seating of 47 patrons out of doors along the Rhine. It should also be noted that the lot will be converted from a self park facility as originally envisioned to valet parking with tandem spaces. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By mes D. Hewicb.er, As istant Director - Planning 3DHMT Attachments: Letter from Rolly Pulaski and Associates with revised parking lot layout dated November 9, 1973. Parking and Seating Statistics .dolly Pulaski &Associates Inc. 877 Production PI. Newport Beach,Calif. 92660 (714)6423392 Architects November 9, 1973 Department of Community Development 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: On behalf of our client, Western Canners Co., we hereby request that their parking agreement with the City of Newport Beach be amended to accommodate the revised parking scheme for the Cannery Restaurant's offshe parking lot. This new plan incorporates: 1. The use of valet parking for both. lots. 2. The elimination of diagonal parking spaces off the alley. 3. Tandem parking per, Newport Beach City standards. 4. The extension of the perimeter land- scaping scheme along the alley. 5. The creation of 7 additional parking spaces. This change is motivated by the Cannery's efforts to eliminate non - patron parking in this lot, especially along the alley, and to increase seating capacity by adding more dining tables outside along the canal. (Proposed seating layout to follow) . Department of Community Development page two Please note that the valet parking service is in effect during all hours of operation. Since this revised parking plan may well affect the street improvements now underway, it has been recommended that this matter be brought before the City Council on November 26 , for immediate action. Thank you for your cooperation, V %y /truly Loomis JL:aj 0 0 Or M,o 0 WESTERN CANNERS CO. PARKING/ SEATING STATISTICS 0 A. Current Statistics based on existing parking. Existing parking = City of Newport Beach parking:seating ratio = Existing allowable restaurant seating capacity= 3 X 86 = Actual restaurant seating = Potential additional seating = 86 spaces 1:3 258 seats 232 seats 26 seats B. Revised Statistics based on proposed parking increase. Proposed parking increase = 7 spaces Proposed allowable increase in restaurant seating capacity = 3 X 7 = 21 seats New parking total = 93 spaces New allowable restaurant seating capacity = 279 seats Proposed increase in actual .restaurant seating (see seating layouts): 1st floor = 26 seats 2nd floor = 20 seats TOTAL = 46 seats New actual restaurant seating = 278 seats � 0V 2;; 1973 RESOLUTION NO. A 140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AMENDED OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WESTERN CANNERS COMPANY, LTD., REGARDING THE USE OF VALET PARKING ATTENDANTS WHEREAS, the Planning Commission of the City of Newport Beach on April 29, 1971, approved Use Permit No. 1521 which allowed Western Canners Company, Ltd., to operate a restaurant at 3010 Lafayette Street on the condition that a satisfactory off -site parking agreement be prepared by the City Attorney and approved by the City Council; and WHEREAS, on October 24, 1972, the City of Newport Beach and Western Canners Company, Ltd., entered into an off- site parking agreement; and WHEREAS, minor modifications were proposed for the layout of the off -site parking lot, thereby necessitating an amendment to the agreement on May 31, 1973; and WHEREAS, Western Canners Company, Ltd., have proposed increasing their seating capacity, thereby requiring additional parking spaces; and WHEREAS, these additional required parking spaces can be obtained by the use of tandem parking with valet attendants on the off -site lots; and WHEREAS, the proposed increase in the seating capacity, the use of tandem parking and valet services will require a further amendment to the aforementioned off -site parking agreement; and WHEREAS, the City Council has reviewed the proposal of Western Canners Company, Ltd., to increase their seating capacity by utilizing tandem parking with valet attendants, and believes it to be satisfactory; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach approves said proposal to amend said off -site parking agreement between the City of Newport Beach -1- 1 0 and Western Canners Company, Ltd., which will provide for tandem and valet parking on the off -site lot located at 500 31st Street for the exclusive use of the restaurant located at 2010 Lafayette Street, and the City Attorney is directed to draft the appropriate amendment incorporating the conditions of the proposal; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said amendment to the off -site parking agreement on behalf of the City of Newport Beach. ADOPTED this 26th day of November, 1973. ATTEST: City Clerk Mayor -2- DON:mh 11/19/73 0 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 01493 tamided Description of Contract Off -Site Authorized by Resolution No. 7990 CALIFORNIA City Hall 3300 W. Newport Blvd. June 27, 1973 Area Code 714 673 -2110 DATE with Western Canners adopted on May 29, 1973 Effective date of Contract May 31, 1973 Contract with Western CWmers Company, Ltd. c/o Burgess r& Dmiam Address 2737 West Coast Highway Corona. del Mar, CA 92625 Amount of Contract -city 6lem E June 27, 1973 Western Canners Canpany, Limited c/o Burgess E Donovan 2737 West Coast Highway Corona del Mar, CA 92625 0 Subject: Amended Off -Site Parking Agreement Attached is a recorded copy of the Amended Off -Site Parking Agreement for the Cannery Restaurant, 3010 Lafayette Street. Deis amended agreement was authorized by the City Council on May 29, 1973 by the adoption of Resolution No. 7990. Laura Lsgios, C.M.C. City Clerk LL:awk enc. RECORDIIya PLEASE c_TURN To: REQUESTED By LAUiiA. L'-.GIOS, CITY CLERK CITY OF NEWPORT BEACH 3300 NLWPOitT BOULEVARD NEWPORT BEACH, CALIF. 92660 C • FREE 17122 AMENDED OFF -SITE PARKING et 10753PG 500 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA - 5 Min. 1 P.Iwjum 16 1973 Past THIS AGREEMENT, made and entered into this 3 day of _ e!40,9 y -, 1973, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter sometimes referred to as "CITY "), and WESTERN CANNERS COMPANY, LIMITED (hereinafter sometimes referred to as "OWNER "). R7'.r TTaT.0 1. Western Canners Company, Limited, is the owner of both of those certain parcels of real property located in the City of Newport Beach, hereinafter referred to as Parcel A and Parcel B: PARCEL A Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, County of Orange, State of Cal- ifornia, as per map recorded in Book 5, Page 14, of Miscellaneous Maps, recorded in the office of the County Recorder of said County, together with that portion of 31st Street, as shown on said map of Lancaster's Addition to Newport Beach, as abandoned by resolution of the City Council of the City of Newport Beach, a copy of which was recorded July 8, 1955, in Book 3131, Page 557, of Official Records of said County of Orange, more commonly known as 3010 Lafayette Avenue, Newport Beach. PATRrT7. R Lots 11 through 14, Block 430, Lancaster's Addition to Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14, of Miscel- laneous Maps, recorded in the office of the County Recorder of said County, except that portion of Lot 11 described as follows: Beginning at a point on the northerly line of said lot, westerly 29.45 feet from the northeast corner of said lot; thence easterly 29.45 feet to said northeast corner; thence southerly 29.45 feet along the easterly line of said lot; thence northerly and westerly 38.97 feet along a curve concave southwesterly, having a radius of 20 feet, to the point of beginning, -1- • • Of 10753rc 501 more commonly known as 500 31st Street. Said parcels are shown on the attached Location Map; <..designated Exhibit "A ", and made a part hereof by this reference. 2. At the meeting of the Planning Commission of the City of Newport Beach held on April 29, 1971, a Use Permit allowing a restaurant operation was approved on condition that the City Council approve an off -site parking agreement prior to the issuance of a building permit for the restaurant. 3. On October 24, 1972, an off -site parking agreement was entered into by and between Owner and City. Owner now proposes to make minor modifications to the capacity of the restaurant and to the layout of the off -site parking lot. These modifications necessitate that an amended off -site parking agreement be entered into by and between Owner and City. 4. Owner now proposes to operate a restaurant bus- incess on said Parcel A, with the following seating capacity: Restaurant 138 seats Bar 106 seats Total 244 seats 5. The Newport Beach Municipal Code will require a total of 82 off - street parking spaces to be provided to accom- modate a seating capacity of 244 persons. 6. A total of 49 off - street parking spaces will be provided on Parcel A. 7. Section 29.38.040 of the Newport Beach Municipal Code provides for off - street parking on a separate lot, provided certain conditions are satisfied. B. Owner will improve Parcel B as shown on the attached diagram marked "Exhibit B" and made a part hereof by this ref- erence, to provide a total of 37 off - street parking spaces for the use and benefit of the restaurant on Parcel A. Parcel B is located directly across Lafayette Avenue from the northerly portion of Parcel A. -2- BK i 0753K 502 9. A total of 86 off - street parking spaces will be available on Parcels A and B for the use and benefit of the restaurant located on Parcel A. This number of off - street parking spaces exceeds the minimum requirement of the Newport Beach Municipal Code by four parking spaces. NOW, THEREFORE, in consideration of the approval by .. City of Owner's intended use of the property at 3010 Lafayette Avenue, Newport Beach, as a restaurant, and in consideration of approval of the use of Parcel B described hereinabove for the proposed restaurant pursuant to Section 20.38.040 of the Newport Beach Municipal Code, the parties hereto agree as follows: 1. For so long as the building located on the property at 3010 Lafayette Avenue, Newport Beach, is occupied by the proposed restaurant, 37 off- street parking spaces will be pro- vided on the lot located at the southeast corner of Lafayette Avenue and 31st Street, described as Parcel B hereinabove, for the exclusive use of the customers and business invitees of the restaurant. 2. This agreement shall run with the real property described as Parcel A hereinabove and shall bind the heirs, successors and assigns of the parties hereto, and it shall be recorded in the office of the County Recorder of Orange County. 3. This agreement shall supersede the terms and conditions of that off -site parking agreement entered into by and between the parties hereto, dated October 24, 1972. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. WESTERN CANNERS COMPANY, LIMITED By .�� Walter Burgess, Presi nt -3- STATE OF CALIFORNIA COUNTY OF ORANGE ) ss 9(I 0753PG 5Q3 On L i-L t 3 Iq-73 before me, the undersigned, a Notary Public in arq for said State, personally appeared WALTER BURGESS, known to be to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. rre�t 5 DOROL'iY L. ;PAL N ,:'._ r+ A 1. F - c_cna err ++ ORAIJ;i_ CJUIJiY AY Commission Expires Feb. 9. 19771 �r ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney STATE OF CALIFORNIA Notary Pub c in and for said County and State CITY OF NEWPORT BEACH, a municipal corporation 1 ! �i � //. �i, . ss COUNTY OF ORANGE ) On 3 .Iq % before me, the undersigned, a Notary Public in arq for said State, personally appeared DONALD A. McINNIS, known to me to be the Mayor, and LAURA LAGIOS, known to me to be the City Clerk of the municipal corporation that executed the within instru- ment, known to me to be the persons who executed the within instru- ment on behalf of the municipal corporation herein named, and ac- knowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. DOROT'IY L PAL EN Notary Publ c in and for said rF� FU' ccALWC).R iA. County and State �.. fi:N<_I ?AL Ep- Ci -f:�c IN ORANGE CC'JNiY � -4- DRB :sh 5/23/73 8K 10753PG 504 -14", - .11 - 53- ee C7 parcel lA V, 1101, I Kfi� -v\ E17"112237IT' '66A-99 PARCEL LOCATION MAP' /100 V. V is -IVA 8K 10753PG 504 -14", - .11 - 53- ee C7 parcel lA V, 1101, I Kfi� -v\ E17"112237IT' '66A-99 PARCEL LOCATION MAP' /100 a 0 SK„ -- 1 �N 1 � � W Z s BK 10-753PG 505 Z /-F i -1 2 r t a T., CITY OF NEWPORT BEACH CALIFORNIA June 13, 1973 City Hall 3300 W. Newport Blvd. Area Code 714 673 -Z110 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Amended Off -Site Parkin¢ Agrement from Westem Canners Company. Limited for Restaurant off -site parkin¢ purposes. }{ Authorized by Resolution No. 7990. _ City Manager authorized by Resolution No. 6773 to accept easement deeds. Laura Lagios City Clerk LL:swk enc. RESOLUTION NO. '-) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WESTERN CANNERS COMPANY, LTD., REGARDING OFF -SITE PARKING, USE PERMIT 1521 WHEREAS, the Planning Commission of the City of Newport Beach on April 29, 1971, approved Use Permit No. 1521 which allowed Western Canners Company, Ltd. to operate a restaurant at 3010 Lafayette Street on the condition that a satisfactory off -site parking agreement be prepared by the City Attorney and approved by the City Council; and WHEREAS, on October 24, 1972, the City of Newport Beach and Western Canners Company, Ltd. entered into an off- site parking agreement; and WHEREAS, minor modifications have been proposed for the layout of the off -site parking lot; and WHEREAS, these modifications necessitate that an amended off -site parking agreement be entered into. NOW,'THEREFORE, BE IT RESOLVED that the City Council approves said amended off -site parking agreement between the City of Newport Beach and Western Canners Company, Ltd. which will provide thirty -seven off - street parking spaces on property located at 500 31st Street for the exclusive use of the restau- rant to be located at 2010 Lafayette Street. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said off -site parking agreement on behalf of the City of Newport Beach. AhwR'J ADOPTED this day of r 0 107 1973, Mayor ATTEST: City Clerk DRB:sh 5/22/73 - a3 : City Council M &ng May 29, 1973 Council Agenda Number H -2(a) MAY 29 1973 By the CITY COUNCIL CITY OF NEWPORT BEACH CITY V* "tm"' 1" OW—H May 23, 1973 TO: City Council FROM: Department of Community Development SUBJECT: Amendment to Off -site Parking Agreement for the Cannery Restaurant (Western Canners Company, Ltd.) 3010,Lafayette_Avenue, Newport Beach. (Use Permit Application No. 1521) Recommendation Adopt resolution authorizing the execution of a revised agreement between the City of Newport Beach and Western Canners Company, Ltd. Background On April 29, 1971, the Planning Commission approved Use Permi-t No. 1521 to permit a restaurant in the M -1 District, including tandem parking on site and an off -site parking lot. A condition of approval attached to the Use Permit provides that the off -site parking lot located across the street "on the westerly side of Lafayette Avenue, shall be subject to an off -site parking agreement prepared by the City Attorney and approved by the City Council; said parking agreement to maintain a flexibility in the parking arrangement subject to the approval of the Director of Community Development." On October 24, 1972, a request was presented to the City Council by Raub, Bien, Frost and Associates, and Resolution No. 7863 was adopted authorizing the execution of an agreement between the City and Western Canners Company, Limited for the use of the off -site parking facility. Said Resolution provides that 38 parking spaces will be maintained in the off -site lot. Building Permits were issued for the restaurant on November 3, 1972, and it is anticipated that construction will be completed and occu- pancy requested shortly. In the interim period, the applicant has reevaluated the parking lay- out in the off -site lot with the objective to simplify and improve traffic circulation, not only within the lot but also on the surround- ing streets. This reevaluation has produced a revision to the parking layout, Exhibit B, and the necessity for an amendment to the existing off -site parking agreement as outlined in the applicant's letter dated May 3, 1973, which is attached. Although the revised layout will accommodate one less space than the earlier proposal, it should be emphasized that it will provide superior access and circulation and still maintain a surplus of five spaces in excess of the existing restaurant requirement. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director BY A ES D. HE I KER, Assi tant Director JDH /kk Attac`htiients: Letter from Raub, Bien, Frost & Assoc. dated 5/3/73 Location Map Revised Parking Layout Original Parking Layout `F oub,`Beii,`Ffost Qtc.9,ssociates PROFESSIONAL ENVIRONMENTAL ENGINEERS & PLANNERS May 3, 1973 Honorable Mayor, City Council and Members of the Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Subject: Amendment of Parking Agreement for Cannery Restaurant - Use Permit Number 1521 On behalf of our client, Western Canners Company, Ltd., we respectfully request that the City of Newport Beach approve an amendment of the origi- nal Offsite Parking Agreement dated October 24, 1972 between the City of Newport Beach and Western Canners Company, Ltd. The purpose of this amend- ment is to improve the layout of parking spaces on Parcel B, as shown on Exhibit B of the Offsite Parking Agreement. Copies of a vicinity map and the parking layouts are attached. This amendment has been discussed with the City Attorney's office, the Community Development Department and the Public Works Department. It is our understanding that all of these depart- ments agree with the concept of the amendment. Parcel B is located on the southwesterly corner of Lafayette Avenue and 31st Street, directly across Lafayette Avenue from the site of the new Cannery Restaurant, which is now under construction on Parcel A. Parcel B will be used entirely for off - street parking, for the benefit of the restaurant'. Objectives of the amended parking layout for Parcel B are to simplify and improve traffic circulation, not only within the parking lot itself, but also on the neighborhood streets. The original parking layout for Parcel B provided driveways only to Lafayette Avenue with no driveway to 31st Street. With the conversion of Lafayette Avenue to one -way operation between 28th Street and 31st Street, only vehicles northbound on Lafayette Avenue would be able to enter the parking lot. Likewise, all vehicles leaving the parking lot would be required to make left turns and proceed north on Lafayette Avenue. P.O. BOX 117 • 136 ROCHESTER STREET. COSTA MESA, CALIF. 92627 • (714) 548 -7723 OR 542 -1022 Honorable Mayor, City Council and Members of the Planning Commission City of Newport Beach The revised parking lot layout opens up Street. A wide north -south aisle will lot, and will replace the previous narr will allow vehicles to enter and leave Street or Lafayette Avenue. 0 May 3, 1973 Page 2 an additional driveway on 31st extend entirely across the parking ow one -way north -south sisle. This the parking lot from either 31st In accordance with a suggestion from the City Traffic Engineering staff, we have eliminated one parking space and distributed the area to widen many of the other parking spaces so that they are from 6" to 18" wider than the minimum required by City standards. We believe this will facili- tate self - parking, which is the intended mode of operation. However, it should be noted that if attendant parking was to be used on this lot, the amount of available parking actually could be increased by at least two spaces. A reduction of one space would not cause the total number of off - street restaurant parking spaces to be deficient. Present plans provide five off - street parking spaces more than the minimum requirement of the Newport Beach Municipal Code. If this amendment is approved, there will still be four off - street parking spaces more than the number required. Very truly yours, RAUB, BEIN, FROST & ASSOCIATES Laurence Wi son LW:vp ccs: City Attorney Community Development Director Public Works Director City Engineer Mr. Walter Burgess, President Western Canners Co., Ltd. L /job b `'��•. k -- .117- 4 \: •.. I; � \ lio .I. /J \\ ��• it J ,`.., � - c.� i � t , r i } °�. ,, ,.� ,•,.. / /., V par del A \palrce" 5 ly Yl �",� _ ifs! `� ' �•.' PARCEL LOCAT 1 ON MAPS \ \ IN - \ :L :,, •. , � �\;" _:, "tom 0 m Of,-, PAR[fNPAG LIAVOUT PARCEL 3 REVISED l7 0 �,i VIA 77 7-7 7 1 7,7 , i* UPERSEDED Ll /I ,,s CITY OF IfflPORT BEACH -- �j IUIEIT OF COi11UNITY DEVELOMENT TO Planning Commission FRO11; Department of Community Development ZSUBJECT: Request of Western Canners Company, Ltd. to amend off -site parking agreement for Cannery Restaurant Attached for your information is a request of Western Canners Company, Ltd. to amend their existing off -site parking agreement so as to provide 37 spaces instead of the 38 spaces.which are currently required. This request has been reviewed by the Department and complies with the Conditions of Approval for Use Permit No. 1521 which provides that a flexibility shall be maintained in the parking arrangement. It was our intent to distribute this information to you at the study session on Thursday, May 17, 1973; however, this was precluded by the lateness of the hour and the length of the agenda. This matter will appear on the City Council's agenda on May 29, 1973. No Planning Commission action is required. 73 James D. Hewicker JDH /kk Assistant Director CITY OF NEWPORT BEACH CALIFORNIA October 31, 1972 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Site Parking Agreement from west em ('annnr,a CZCPM 7T for —__ nArkina purposes. Authorized by Resolution No. 7863 City Manager authorized by Resolution No. 6773 to accept easement deeds. QiN�vwc Laura Lagios O City Clerk LL:swk enc. City Hall 3300 W. Newport Blvd. Area Code 714 673 -ZI10 PROP "ESIONAL ENVIRONMENTAL ENGINEERS F PLANNERS 7, October 24, 1972 Honorable Mayor and City Council City of Newport Beach 3300 Nme port Boulevard Newport Beach, California 92660 Reference: Parking Agreement for Cannery Restaurant Gentlemen: On behalf of our client, Western Canners Company, Ltd., we respectfully request that an item be added to the agenda for the City Council meeting of Tuesday, October 24, 1972. This would involve approval of an offsite parking agreement for the proposed Cannery Restaurant. Western Canners Company, Ltd., owns two parcels at this location. Parcel A is located at the southeasterly corner of Lafayette Street and Lido Park Drive (31st Street). This is the site of the original cannery, and extends through to the Rhine Channel. The new Cannery Restaurant will be con- structed on this site, together with 53 off- street parking spaces. Parcel B is located directly across Lafayette Street and will be used entirely for off - street parking purposes with a total of 38 off - street parking spaces for the use and benefit of the restaurant on Parcel A. A total of 91 off - street parking spaces will be available on Parcels A and B. This number of spaces exceeds the requirement of the Newport Beach Municipal Code. Because the two parcels are separated by a public street, they are considered as separate sites under the terms of the Newport Beach Municipal Code. Therefore, an off -site parking agreement is required. RAUB, REIN, FR T & ASSOCIATES By auronce Wilson LW:vp cc: Mr. Walter Burgess, President Western Canners Company, Ltd. J. BOX 117 0 136 ROCHESTER STREET, COSTA MESA. CALIF. 92627 0 (714) 546 -7723 OR 542 -1022 46 to CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1493 Description of Contract Authorized by Resolution No. 7863 CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE November 17, 1972 Off -Site Parking Apvement adopted on October 24, 1972 Effective date of Contract October 24, 1972 CMPMW Contract with Western Canners4 Limited Address c/o Burgess & Donovan 2737 West Coast Highway, Corona del Mar Amount of Contract - - - - - -city e c • � � iS�3 November 17, 1972 Western Canners Company, Limited c/o Burgess 6 Donovan 2737 West Coast Highway Corona del Mar, CA 92685 Subject: Off -Site Parking Agreement Attached is a recorded copy of the Off -Site Parking Agree- ment for the Cannery Restaurant, 3010 Lafayette Street, "4Aport Beach. M" agreement was authorized by the City Council on October 24, 1972 by the adoption of Resolution No. 7863. Laura Lagios City Clerk LL:swk enc. gRECORDINQ PLEASE SETLTN EQUESTED BY 940 FREE C171 CLERK C8 NE'vVPO:.i oE�Clh, CALIF. 92660 OFF -SITE PARKING AGREEMENT I ,. 0405 Fw562 ,:J OFFICI6,L r:°_CORDS ^OU..: ; ." ' :1 A s _Is:QRN1A `"= ':A. NOV I D72 J. V., _.? 1 2, Lc.i" );y ";corder THIS AGREEMENT, made and entered into this 24th day of October, 1972, between the CITY OF NEWPORT BEACH, a municipal corporation (herein- after sometimes referred to as "City "), and WESTERN CANNERS COMPANY, LIMITED, (hereinafter sometimes referred to as "Owner "). RECITALS 1. Western Canners Company, Limited, is the owner of both of those certain parcels of real property located in the City of Newport Beach, hereinafter referred to as Parcel A and Parcel B. PARCEL A Lots 1 through 7, Block 429, Lancaster's Addition to Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14, of Miscellaneous Maps recorded in the office of the County Recorder of said County, together with that portion of 31st Street, as shown on said map of Lancaster's Addition to Newport Beach, as abandoned by resolu- tion of the City Council of the City of Newport Beach, a copy of which was recorded July 8, 1955 in Book 3131, Page 557 of Official Records of said County of Orange, more commonly known as 3010 Lafayette Street, Newport Beach. PARCEL B Lots 11 through 14, Block 430, Lancaster's Addition to Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14, of Miscellaneous Maps recorded t in the office of the County Recorder of said County, except that portion of Lot 11 described as follows: 3. Beginning at a point on the northerly line of said lot, west- erly 29.45 feet from the northeast corner of said lot; thence easterly 29.45 feet to said northeast corner; thence southerly 29.45 feet along the easterly line of said lot; thence northerly and westerly 38.97 feet along a curve concave southwesterly, having a radius of 20 feet, to the point of beginning, more commonly known as 500 31st Street. Said parcels are shown on the attached Location Map, designated Exhibit "A ", and made a part hereof by this reference. 2. Owner proposes to operate a restaurant business on said Parcel A, with the following seating capacity: -1- � N 10405 PAi[563 Restaurant - 136 seats Bar - 102 seats Total - 238 seats 3. The Newport Beach Municipal Code will require a total of 80 off - street parking spaces to be provided to accommodate a seating capacity of 238 persons. Parcel A. 4. A total of 53 off - street parking spaces will be provided on 5. Section 20.38.040 of the Newport Beach Municipal Code provides for off - street parking on a separate lot, provided certain conditions are satisfied. 6. Owner will improve Parcel B, as shown on the attached diagram marked "Exhibit B" and made a part hereof by this reference, to provide a total of 38 off - street parking spaces for the use and benefit of the restaurant on Parcel A. Parcel B is located directly across Lafayette Street from the northerly portion of Parcel A. 7. A total of 91 off - street parking spaces will be available on Parcels A and B for the use and benefit of the restaurant located on Parcel A. This number of off - street parking spaces exceeds the minimum requirement of the Newport Beach Municipal Code by eleven parking spaces. 8. At the meeting of the Planning Commission of the City of Newport Beach held on April 29, 1971, a Use Permit allowing a restaurant operation was approved on condition that the City Council approve an off -site parking agreement prior to the issuance of a building permit for the restaurant. NOW, THEREFORE, in consideration of the approval by City of Owner's intended use of the property at 3110 Lafayette Street, Newport Beach, as a -2- % N °, 10405 F41,E564 restaurant and in consideration of approval of the use of Parcel B described hereinabove as an off -site parking lot to be used to provide the required spaces for the proposed restaurant pursuant to Section 20.38.040 of the Newport Beach Municipal Code the parties hereto agree as follows: 1. For so long as the building located on the property at 3010 Lafayette Street, Newport Beach, is occupied by the proposed restaurant, 38 off - street parking spaces will be provided on the lot located at the south- east corner of Lafayette Street and 31st Street, described as Parcel B hereinabove, for the exclusive use of the customers and business invitees of the restaurant. 2. This agreement shall run with the real property described as Parcel A hereinabove and shall bind the heirs, successors and assigns of / -3- ft M 10405 �4u%5 the parties hereto, and it shall be recorded in the office of the County Recorder of Orange County. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. DATE: i0 '24 7 L WESTERN CANNERS COMPANY, LIMITED By &' . Wa Ater Burgess, Preside STATE OF CALIFORNIA ) ) ss County of Orange ) On 1T, ,? YG 7�1 before me, the undersigned, a Notary Public in and for said State, personally appeared Walter Burgess, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Approved as to form: f%Lu"' A/ TCi ttorney STATE OF CALIFORNIA ) ss County of Orange ) c in and for said State CITY OF NEWPORT BEACH Attest:• r.._ City Clerk On �� Teti �� (Q % Z— before me, the undersigned, a Notary Public in a for said State,'personally appeared DONALD A. MC INNIS, known to me to -4- OFFICIAL SEAL � "!' JACQUELINE M. PRATT ° � :. NOTARY PUBUr,, CALIFOR ":IA PRINCIPAL. Of' ICE 1t4 ORANC :. CvJ2!'E! My Cemmisdol Ex; i:;; 1L.:L t., 1976 Approved as to form: f%Lu"' A/ TCi ttorney STATE OF CALIFORNIA ) ss County of Orange ) c in and for said State CITY OF NEWPORT BEACH Attest:• r.._ City Clerk On �� Teti �� (Q % Z— before me, the undersigned, a Notary Public in a for said State,'personally appeared DONALD A. MC INNIS, known to me to -4- ~ 10405 �4a566 AflA be the Mayor, and LAURA LAGIOS, known to me to be City Clerk of the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municipal corporation herein named, and acknowledged to me that such municipal corporation executed the within Instrument pursuant to a resolution of its City Conncil. WITNESS my hand and official seal. ............................ ............................... o�Z GO.7OiHY L. PALE! , fiww'PuF6c Notar y Public Vf and for said State �- 4a i;� Swic t� faliio; riia . � Vwicw; s: Lie In ;ty My Commission Expires Fcb. 9, 1973 -5- 10405 - 567, Z- xf, parcel A I B r.0 7T ej,.77 e 1. 77T 71 PARCEL U, Ca' A T 1 0 M MAP % \ 167 ILI V ILL F 614 R I't W G L AV U U T Z-3A R ME L B �,�k ft a 10405mu%8 P':SOLUTION NO. 7863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND WESTERN CANNERS COMPANY, LIMITED, REGARDING OFF -SITE PARKING, USE PERMIT 1521. WHEREAS, Western Canners Company, Limited, is the owner of those certain parcels of real property located in the City of Newport Beach described as 3010 Lafayette Street and 500 31st Street; and WHEREAS, Western Canners Company, Limited, proposes to operate a restaurant with a seating capacity for 238 persons on said property located at 3010 Lafayette Street; and WHEREAS, the Newport Beach Municipal Code will require a total of 80 parking spaces to be provided on site to accommodate a seating capacity of 238 persons; and WHEREAS, Western Canners Company, Limited, also owns property at 500 31st Street located directly across Lafayette Street from the northerly portion of the restaurant site, and intends to improve said property to provide a total of 38 off - street parking spaces for the use and benefit of the restaurant; and WHEREAS, a total of 91 off - street parking spaces will be avail- able on properties owned by Western Canners Company, Limited, on either side of Lafayette Street; and WHEREAS, the Planning Commission of the City of Newport Beach on April 29, 1971 approved Use Permit Number 1521 to operate a restaurant at 3010 Lafayette Street, whereby the number of code required on -site parking spaces was waived provided that the parking lot located on the westerly side of Lafayette Street shall be subject to an off -site parking agreement prepared by the City Attorney and approved by the City Council; said parking agreement to maintain a flexibility in the parking arrange- ment subject to the approval of the Director of Community Development; -1- ft NOW, THEREFORE, BE IT RESOLVED that the City Council approves said off -site parking agreement between Western Canners Company, Limited, and the City of Newpu: °t Beach, whereby Western Canners Company, Limited, will provide 38 off - street parking spaces on property located at 500 31st Street for the exclusive use of the restaurant to be located at 3010 Lafayette Street; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the off -site parking agreement on behalf of the City of Newport Beach. ADOPTED this day of 1972. ATTEST: City Clerk -2- Mayor