HomeMy WebLinkAboutC-1493 - Off-Street Parking Agreement (3)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
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12/4/73
1 ! 063PG 1345
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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 �
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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.
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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,
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parcel A
I B
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7T
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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