The URL can be used to link to this page

Home My WebLink About2751 W COAST HWY (2)1,11111111 lill 11111111111111111111 *NEW FILE* 2751 W Coast Hwy ANDREW'!§,' RESTAURANT.& -OFFI.DING NEWPORT BEACH, CALIFORNIA!' a eve lo'pment by SPRUCE GROVE) INC.- 29*00 ADAMS ST. RIVERSIDE,, CALIFORNIA 92504 (714):354--5296 ANDREWS RESTAURANT & OFFICE -BUILDING NEWPORT BEACH, CALIFORNIA a development by: SPRUCE GROVE INC. 2900 ADAMS ST. RIVERSIDE, CALIFORNIA 92504 (71:4) 354-5296 -I•- 1519-5 � NA --� 14�•`f5 � _r1!0w9afz1 V V11 ✓ 2Z + 3Z -! Z4Z I- 15• 100+ci& --> �_,545 3 11 -75 -30-75 Avea December 81 1992 2751 West Coast Hwv Parking as approved by Use Permit NO.3328 (1) 32 onsite spaces for daytime use (18 spaces leased to the Chart House , 14 spaces available for office use, 12 required). (2) 32 spaces available for nighttime use on -site (none of the 32 spaces are leased to the Chart House for nighttime use.) (3) 43 spaces are required for nighttime restaurant use.2 (4) 2751 W. Coast Hwy has 50 offsite spaces located at 2700 W. Coast Hwy. per offsite parking agreement. (30 spaces are leased to the Chart House with 20 remaining for the subject property. (5) Subject property has 32 onsite and 20 offsite for restaurant use during the nighttime. 52 spaces total. AFTER APPROVAL OF PLAN CHECK #2121-92 (1) 30 onsite spaces for daytime use (18 spaces leased the Chart House, 12 available for office use for 2751 W. Coast Hwy. (12 required for daytime office use). (2) 30 spaces available for nighttime use onsite (none of the 30 spaces are leased to the Chart House -for nighttime use). (3) 40 spaces are required for nighttime restaurant use.4 (4) 2751 W. Coast Hwy has 50 offsite spaces located at 2700 W. Coast Hwy., per offsite parking agreement. (30 spaces are leased to the Chart House with 20 remaining for subject property. (5) Subject property has 30 onsite and 20 offsite spaces for restaurant use during the nighttime. 50 spaces total. Genia Garcia, Associate Planner I Chart House address is 2801 W.Coast Hwy 2 Parking requirement based on 1 space per 40 sq.ft. of "net public area"; 1,691.5 sq f£. : 40 = 42.3 or 43 spaces 3 2 Parking spaces were lost due to the installation of a water line easement required by the Utilities Department and the other space was lost due to the location of the trash enclosure. 4 Parking requirement based on 1 space per 40 sq.ft. of "net public area"; 1,596 sq.ft. : 40 = 39.9 or 40 spaces JX4,t"4--, ) d'� pyz-ot� (ne PARKING PROPOSAL CHART AGREEME[dT "A" C1d0K GIVES 18 OF HIS-23-EXCESS SPACES TO BARIENBROCK FOR DAY USE ONLY 3i1.1Ys�75/ W CpAs? C(4,42T No CARS tat A*ICAOT) Hwy a So E GcJ. Co r �'o aL BARIEAIBROCK DAY PARKING I I DAY PARKING Required .1'rF; IX Required 64 Has (on -site) 3� 10 Has (on -site) 48 Excess (on -site) ,Z3 Has (partially on -site) 7 Needs (off -site) 9 Has (off -site) 18 NIGHT PARKING NIGHT PARKING Required .57' +,? Required ' — 80 Has (on -site) 83 rf, 10 _ Has (on -site) 48 Needs (off -site) .28' Has (partially on -site) 7 ' Has (off -site) 50F Needs (off -site) 25 Excess (off-site)•_a6 Has (off -site) 30 Mariner's Mile Co. gives Clark gives 30 of his 50 off -site 50 excess parking spaces spaces on the Mariner's Mile Co. to Clark for night use site to Barienbrock for night only; includes provision use only. to sublease 30 spaces to Barienbrock. WJUNER'S MILE CO. 50 excess nighttime parking spaces. a- WILLI.AM N. CRAIG INVESTMENTS f i.Jt WEST COAST HIGHWAY 54ITE 206 NEWPORT BEACH, CALIFORNIA 9266B December 2, 1992 City of Newport Beach Planning Dept. 3300 Newport Blvd. Newport Beach, Ca. 92659 Rd; vBHIw's At The'Bedch A'S"1N; G�NIA GARCIA tjte toicomplyewith intended tly agreement # s3 5ineexely, j, f'+-' 4 14illiam NNV.�Cxaig Pxes, >i& R Restauran s wac(ch C c£:t,T EG, TT 03Q UOd 96T IUIONdNIJ SH"1SnOa Z89LS69t7TL >)^itvY++a•l—'•n^.v-K'=.a-•:aT:-M•Annnr..J.tex••Na-.rs._-u:nc'au^wr,tw.ncwrow�errrx+t ...+—,+..r—..,.•-.•_. _.�-...--, -... - . Douglas Financial Group Est. 1974 •,r ; tti • Dou0ladEsta Main dff Ice Inland 8mplre '•Douglas Home 4t 3990 Westerly Place, Ste, 115 28384 Vincent Mola9a Dr., Ste.- Douglas Financial, Newport Beach 92660 Temecula 92590 fiforHIII prppe 714.478.237$ _^.:/l4-699-5952 Affiliates :a 714-696-7682 :-Prof•Deafal;I. . Fax 714.476-3205 , . ., • '. , .: DOUGLAS' ('7'14Y) 695- FAX TRANSMITTAL — - . c• j''r" `" t y. • .� vl.• � r t.y 1' DATE TO FROM IMF � ^.,�i5�yt.v✓ �V��": ,1°+4 y/.�.- IF XOU DO NOT RECEIVE ALL PAGES LISTED BELOW.,'\,''.f.,';^ PLEASE CALL (714) 699-5952 TOTAL PAGES INCLUDING COVER SHEET :.• 1 A, ` ,'•! `' ;i yr Y'o . 4lIIN �I v to-' �oy']:x• f 1"{ .r;.2� 5.i C T2:t'T ZG, TT 03G Tad 56T 1013NUNIA SH-i91l17G r dT••r Z89L5691'TL y To: Building Department DO'vNo Activity:---,, In Plan Check: From: Planning Department Active Bldg Permit: Public Works Notified: Re: Hold on Building Permit Final Plan Checker Notified: Address �/( ian Check No, Planning Department Comments PRIOR O RELEASE Of Building Permit Final: Park Dedication Fee in the Amount of $ is DUE. Fairshare Fee in the Amount of $ is DUE. S.J.H.T.C. Fee in the Amount of $ is DUE. Coastal Commission Approval of Resubdivision Must Be Obtained. [ J Parcel Map Recordation: Resubdivision No. Record date (] Use Permit Conditions of Approval: Use Permit No. > Condition(s) No. [ ] After recordation of -the map a building permit change must be processed with the Building and Planning. Departments PRIOR TO FINAL OF THE BUILDING PERNITI' to change the description of -the permit to reflect condominium construction, the fee is nominal and payable at the time of the change. 'Proof of payment of the above mentioned fees may be required at that time if not collected at issuance of the original building or grading permits. Pp O r. C . [ ] Other: Units Demolished Units Built BY a a Oate,�L1 v Pl n Department CC: _ Code Enforcement _Plan Checker F:\WPSO\JAY\MEM\BP-HOLD.MEM rev 4-5-90 { 4COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS r Telephone: (7141 644-3200 Plan Check No:��^� B,%A,r_e„ia Garcia Assistant Planner By:Marc Myers, Assistant Planner Date: Districting Map No. Corrections Required: Legal Description: By:Christy Teague, Assistant Planner t.anu use aiemeuL rays iw. Lot Af Block 4sec�ti5onf TrAct �j Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. -1 � 1c5/'14Oa/' d �� Lot Size, rn iv w 1 " ha�'.Zf .Proposed Use 1. � J yReauired Setback6'"�e k Front Rear Right Side Left Side FAR WORKSHEET Lot area (site area sq.ft.): 4 sq.ft. lz' rY�(/ Base Development Allocation (BDA): i;7 % Comm sq.ft. G$� Element [0.5 x site area sq.ft., unless otherwise specified in Land y, FAR permitted, without variance: (A) o3 Comm res vkg Square footage permitted: comm res oka sq.ft. [(A) x site area sq.ft.) Maximum FAR allowed with variance: (B) Comm reB okg Maximum square footage allowed: Comm res sq.ft. [(B) x site area Bq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] PROPOSED FAR: > �e PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category (G) sq.ft. Base sq.ft. Reduced ft. Maximum sq.ft. W/ 7A& sq.ft. q p sq.ft. !CJ sq. ft. [ F + site area sq.ft: ] Weighting Factor Weighted Sq.Ft. (H) ( G x H ) %fiS un�a N�DPi d� v de tissue overlay of a ired X 1.00 sq.ft. X 1.67 sq.ft. X 0.50 sq.ft. i i O ONP� �i55r1U 'Ae ' o verify provided square footage .- Ptopoe parking (IrWicate riumbeiL o-f eta le provided) Total On -Site Parking p� Standard Compact In-1 eu ParkingT l (!J Dimension building height as measured from natural grade to average and maximum roof height J W Show natural grade line on all elevations Sho a rooft p mec anical egyipme:�t and dimension from qra a d� tly belo . In icate log ion of trash containers on ifite plan. Number of Stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. Fair Share Contribution San Joaquin Hills Transportation Corridor Fee SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plane and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Bluelines Modification required for Planning commission1city Council:, _ Use Permit: No. O Variance: No. Resubdivision/Tract: No. _ Site Plan Review: No. Amendment: No. Other Public works: _ Easement/Encroachment Permit ��rj� ,�•/�N�� /�UUU� Subdivision Engineer 7-0A / l� Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans - Coastal Development Permits: Q „ �Q Approval In Concept (AIC) No.✓� (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit: No. Effective Date: Waiver/Exemption: No. t� Effective date: •� NOTE: it is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644- 3200. FORMS\COMN-ZON.COR Conditions of Approval Use Permit No. 3328 2751 West Coast Highway Plan Check #1194-89 G�j� {/J��'Condition Department 0Wlo1 1. Substantial conformance Planning 7 2. On -site parking agreement Planning A- QW City Council - 20 spaces @ 2700 West Coast Hwy. �y 3. Valet parking, plus Planning 4 self park Traffic* 4. Off -site parking. Planning employees only. Sign of direction -bulletin board No compact parking Planningg� Traffic( Circulation systems, Traffic universal parking design 11L�6�R��lic area Planning ---.- 5:00 p.m. - 2:00 a.m. only Planning Mech./Trash screened OW7 10. Exhaust fans �11. Washout area �N"��12. Grease interceptors RAW 13 * AW13. Trash compactor �14. No dancing 15. Mech. equip. 55 dBA @ PL 16. Sign conformance DA7. No Action Planning Code Enforcement Building Building Building Planning Code Enforcement Planning Planning Planning Action Plans approval Plans Approval, Agreement 3 - ) 3 -0611 aAt � iPlans approval e - "�G_Offm✓0_ Plans approval Plans approval Plans approval - covenant TTUEUko ompli ✓ Ok- e Hold on finali Plans approval Plans approval Plans approval tter of o -1 e Field Hold on final tter ro CompT�'li-anc`e�./ �7'e��.e"r oi'C3�13ance`�� Sep. permit issuance Use Permit No. 3328 Conditions of Approval Page 2 18. Agreement improvements, Public Works, Plans approval permit prior to completion 19. Sight distance Traffic Plans approval private drive/W.C.H. Landscaping 24" max. 20. Condition survey Public Works Plans approval re bulkhead, repair Building 0 �Searrate Permit min. elev. 9.00 M.L.L.W. Marine Ir H- o o nal (6.27 MSL) 21. Public easement along bay Public Works* Plans approval frontage g 1 _ /01104d� 22. Public easement easterly Public Works Plans approval side W.C.H. - bay frontage. & 23. Entrance drive ( Public Worksl�' Caltrans �24. Handicapped parking Traffic iv ans approval Planning - - 6 Coastal Comm. approval Planning Ow�25. Waiver # S- �y� ��/ ' 26. No sound/paging system Planning e� / outdoors ff_� �� JJ�J 27. FttFFFlliiii��,�" �� No boat docking or charters Planning COO�xnCe'';✓p� 28. No Action ��29. No Action ")MUVSSIONERS r^ 1 MINUTES January 5, 1989 • .fy r�� l� f .. CITY OF NEWP'ORT BEACH INDEX OLL CALL Mo on was voted on to deny Use Permit No. 3070 (Ame ad) subject to the findings in Exhibit MOTION IED. FINDINGS 1. That the pr osad addition of baking and service of sandwiches to a take-out restaurant represents an intensification use that will result in an increased parking and for the area. 2. That existing problems ith the unkempt sidewalk and storage of trash wi be aggravated by the intensified use. 3. That the approval of this amen dm t to Use Permit No 3070 will, under the circums nces of this cabe, be detrimental to the health, Axfety, peace, morals, comfort and general welfare X persons residing or working in the neighborhood o to the general welfare of the City. A. Traffic Study No 52 (Public Hearing) Item No.6 Request to approve a traffic study in connection with a TS N0.52 restaurant in the "Recreation and M.-,.rine Commercial" area of the Mariner's Mile Specific Plan. UP3328 AND Aroroyed B Use Permit No 3328 (Public Hearing) Request to permit the establishment of a nighttime only live restaurant with on -sale alcoholic beverages, in entertainment and valet parking on property located the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off-street parking to be located in the Mariner's Mile Commercial Center, at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, -21- 4 ' )MMISSIONERS I �' MINUTES ROLL CALL CITY OF NEWPORT BEACH Parcel Map 73-23, located 2700 West Coast Highway o side of West Coast Highway (off -site parking lot) in Mile Specific Plan Area. ZONE: SP-5 January 5, 1989 to the rear of n the northerly the Mariner's APPLICANTS: James and Sharon Carter, Anaheim Commissioner Winburn requested a report from staft regarding the Harbor Permit approved for the subject site. James Hewicker, Planning Director, reported that the Harbor Permit that was approved for boat slips bayward of the subject property included boats within those slips that are for sale through yacht brokerages, or used by the businesses on the premises. He explained that the existing Harbor Permit does not allow any of the boat slips to be rented or leased to private boat owners. Discussion ensued between Commissioner Pers6n, Mr. Hewicker, and Bill Laycock, Current Planning Manager, regarding the 32 on -site -parking spaces and related off site parking spaces required for -'-the nighttime restaurant, based on one parking space for each 40 square feet of "net public area". Commissioner Pers6n emphasized that a primary concern is to be certain that no valets park customers' automobiles on the northerly side of West Coast Highway, and he wanted the applicant to be aware of the seriousness of his concern. Commissioner Pers6n forewarned the applicant that if he observed a valet crossing West Coast Highway that he would immediately call up the use permit for revocation. He commented that valets from at least one restaurant are shuffling automobiles across West Coast Highway anc that said restaurant is not subject to a use permit. The public hearing was opened in connection with thi item, and Mr. James A. Carter, applicant, appeare before the Planning Commission. Mr. Carter stated tha he concurs with the findings and conditions in Exhibi "A" with the exception of Condition No. 21 which state "that a 10 foot wide easement be granted to th City along the bay frontage...", and he explained ho "sawtoothing" the glass facade of the building enhance the design of the building which would reduce th easement to between eight and ten feet, wherein h requested that said condition be modified. -22- INDEX .5• OM'MISSIONERS �',, } MINUTES ` i o 'O '; � �• ^ January 5, 1989 CITY OF NEWPO INDEX ROLL CALL In reference to Condition No. 16, which states "that all signs shall conform...", Mr. Carter requested that "new" be inserted; however, he said that the existing sign could be refurbished. In reference to Condition No. 6 requesting a revised parking plan, Mr. Carter explained that the parkinglot was restriped two years ago, and when the applicants gave the six foot easement to the City there was an area that would allow additional parking. Mr. Carter requested that universal parking spaces not be required inasmuch as the original parking plan would provide an additional four compact parking spaces. In reference to Condition No. 8, Mr. Carter requested that the subject restaurant be open for lunch on Saturdays and Sundays inasmuch as The Chart House Restaurant is closed for lunch on weekends and additional parking is available. In response to questions posed by Mr. Hewicker, Mr. Carter replied that he could provide an off -site parking agreement inasmuch as he is half -owner of the adjacent property. Mr. Hewicker commented that the applicant would be required to provide an 'off -site ""agreement that meets the requirements of the City. Mr. Carter --stated that he intends to park all of the customers' automobiles onsite on weekends for brunch, and that employee parking would probably be offsite. In response to a question posed by Commissioner Pers6n, Mr. Carter replied that a valet service will manage the valet operation. Mr. Carter stated that the applicants will police the operation to be certain that the valets do not cross West Coast Highway. Commissioner Pers6n emphatically expressed his comments that it is not in the best interests of the applicants or the community - at -large that the valets cross West Coast Highway. In response to questions posed by Commissioner Winburn regarding the Harbor Permit that is in existence and the number of yachts that are maintained for the yacht brokerages, Mr. Carter replied that all of the yachts that are bayward of the property are with yacht brokerages; however, there are some boats that dock there and park offsite. Commissioner Winburn referred to Condition No. 27 which states that ...the applicant shall obtain the required harbor permits and provide .. parking spaces for each marina boat slip and .75 .75 parking spaces for each 25 feet of available mooring space..". In response to Commissioner Winburn's -23- ,,OM'.MISSIONERS \ "'00N))"PI Norm\ mQG9m?yvvr, l.. MINUTES January 5, 1989 CITY -OF NEWPOR INDEX OLL CALL statement that no boat charters would be permitted onsite, Mr. Carter assured the Planning Commission that the situation would be taken care of immediately. Mr. Jim Lester, an associate of Burke -Lester, 77 Sea Island, appeared before the Planning Commission on behalf of the applicant. Mr. Lester described the revised parking layout that had been reviewed by staff, and he stated that the universal parking requirements could be met; however, he said that four compact parking spaces would be lost which the applicant would like to maintain. Discussion ensued between Mr. Lester and Chairman Pomeroy regarding the configuration of the parking layout which is where said compact parking spaces would be lost if universal parking spaces were established. Commissioner Pers6n concluded that the parking layout be refined using the universal parking spaces to the satisfaction of the Traffic Engineer in accacdance with Condition No. 6. Commissioner Pers6n suggested that he would like to set for a discussion item or a study session the concept of a use permit requirement for all boat charters operating from upland uses. inasmuch -as .said operations could be associated with traffic and parking circulation problems. Commissioner Di Sano concurred with Commissioner Pers6n's recommendation. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission to state that the City's stringent parking requirements, including in -lieu parking fees, is not only going to affect new restaurants but will affect established restaurants. Mr. Sofer referred to the staff report's comments regarding the requirement of dedication of land adopted by the Coastal Commission, and he commented that he has always opposed said dedication. Mrs. Gail Demmer, 2812 Cliff Drive, representing the Newport Heights Community Association, appeared before the Planning Commission to state that said Association supports the proposed project inasmuch as the restaurant meets the Traffic Phasing Ordinance requirements and parking requirements. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission to state his concerns regarding discrepancies in the Traffic Study and the ICU as it relates to the subject restaurant. Don Webb, City Engineer, responded to Dr. VanderSloot's concerns as -24- MINUTES "COMMISSIONERS , ROLL CALL Motion January 5, 1989 CITY OF NEWPOIRT BEACH follows: he said that the General Plan Amendment calculations indicated 1987 data, and that the 0.98 p.m. ICU at the intersection of West Coast Highway and Riverside Avenue is incorrect inasmuch as the consultant counted two critical moves together instead of counting them separately. Mr. Webb stated that the ICU should be 0.78, which is .02 higher than 0.76 used in the current Traffic Report which is the latest traffic count. Mr. Webb explained that the 0.98 vs. 0.78 does not affect the General Plan because the information was not carried forward to 2010 data inasmuch as that was figured separately. In reference to the total number of project volumes shown to be 17 trips as opposed to 27 trips, Mr. Webb stated that the 10 trips not shown would be trips that would be exiting the site, all in the northbound leg, which is a non -critical move. He stated that the changed a number from .01 to•.02 was not a change in the ICU because it is a non -critical movement, it is moving at the game time as a critical movement, and that the ICU shown is correct at 0.89. Mr. Webb commented that the information submitted is not in error, that the calculations and all of the data shown have deficiencies but would not affect the overall number used. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Webb referred to Condition No. 16 regarding signs, and he explained that Standard 110-L is used by the Public Works Department to be certain that there is adequate sight distance at driveways. He commented that if the sign impairs the sight distance, it would need tc be corrected. Discussion ensued between Chairman Pomeroy, UOI"mlaSlonUL Merrill, and Mr. Webb regarding Condition No. 21 so as to maintain the requested 10 foot wide easement but to also permit the encroachment of the sawtooth windows. Motion was made to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement subject to the findings and modified conditions it Exhibit "A". Commissioner Di Sano addressed the traffic study as it was presented by Dr. VanderSloot and Mr. Webb, and he made the following modifications t� conditions of the use permit. Condition No. 8: approve. of an off -site parking agreement on the propert; adjacent to the subject property if validated by th, City, and to permit the applicant to open for brunch a Saturdays and Sundays when parking is available -Y5_ INDEX V MINUTES ,CCrMMISSIONERS Ayes No Absent January 5, 1989 CITY OF NEWPORT BEACH Following discussion regarding how Condition No. 21 could be revised to permit the sawtooth design as requested by the applicant and to permit an additional encroachment, the condition was amended to state "that an 8 foot to 10 foot wide easement be granted to the .City for public access and to also accommodate the proposed design of the sawtooth building..." Following discussion regarding boat charters, Condition No.. 27 was modified to state that "boat charters bayward of the site shall not be allowed without the approval of an amendment to this use permit." Commissioner Merrill stated that he would not support the motion and he expressed his concerns regarding the concentration of restaurants in Mariner's Mile, and he pointed out the similarity of the hours of operation to other restaurants in the area. Commissioner Merrill referred to restaurant row on La Cienega Boulevard in Los Angeles and he commented that the congestion choKad some of the restaurants out of business because it became almost impossible for the traffic to circulate. He commented that the trend appears to be that an office site that is used during the day will also be used for a nighttime_ restaurant inasmuch .as there would be available parking. Commissioner Merrill' -suggested that the restaurants spread out throughout the City inasmuct as they are a good tax revenue. Motion was voted on to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement subject to the findings and conditions in Exhibit "A", as previously modified. MOTION CARRIED. A. Traffic Study No. 52 Findings: 1. That a traffic study has been prepared which analyzes the.impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S-1. 2. That the traffic study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any "major", "primary -modified", or "primary" street. 3, That the traffic study indicates the projec generated traffic will be greater than one perce -26- INDEX ej Planning commission Meeting January Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. Traffic StuU No 52 (Public Hearing) Request to approve a traffic study in connection with a restaurant in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan. AND Use Permit No 3328 (Public Hearing) Request to permit the establishment of a nighttime only restaurant with on -sale alcoholic beverages, live entertainment and valet parking on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off-street parking to be located in the Mariner's Mile Commercial Center, at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of-Riverside'Avenue (restaurant site); and Parcel 2, Parcel Map 73-23, located to the"rear of 2700 West Coast Highway on the northerly side of West Coast Highway (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANTS: James and Sharon Carter, Anaheim Application This application involves a request to establish a restaurant facility with on -sale alcoholic beverages and live entertainment in a portion of the Pacifica Marine Building located in the Mariner's Mile Specific Plan and the acceptance of an off -site parking agreement for a portion of the required off-street parking. Valet parking is also proposed in conjunction with the proposed development. In accordance with Section 20.62.040 B. of the Newport Beach Municipal Code, restaurants are permitted use within the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan subject to the approval of a use permit in each case. Use permit procedures are set forth in Section 20.80 of the Municipal Code. Standards for off - site parking are set forth in Section 20.30.035.D of the Municipal Code. The proposal also includes a request to approve a traffic study so as to allow the proposed conversion of a portion of the existing office space to restaurant use. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. TO: Planning Commission-2. Enviromental SJFM ficanca This project has been reviewed, and it has been determined that it is exempt r conversion small structures)lunder o from the requirements of the CaliforniaEnvironmentaloQuality Act. Conformance with the General Plan and Local Coastal Program The subject property is in the Mariner's Mile Specific Plan area, and is designated for "Recreational and Marine Commercial" uses in the Land Use Element of the General Plan andthe erme Plan. itt d auseoupon securing aastal Program nuses permit. The proposed restaurant is a p Inasmuch as the project is located in the Coastal Zone, a Coastal Permit will be required prior to the issuance of building permits. b'e Prooerty and Surrounding Land Use A two-story commercial structure and related parking area exist on the subject property. To the north, across West Coast Highway are commercial uses; to the east, is the Rusty Pelican Restaurant facility; to the south, across Newport Bay are residential uses; and to the west, is the site of the existing Chart House Restaurant/Office complex. Background At its meeting of January 21, l982, the ermitted the nning commission establis ment o approved restaurant Permit No. 2003 (Revised) which p facility' with on -sale alcoholic beverages and live entertainment- on the ground floor portion of the existing Pacifica Marine Building located on the subject property. Said approval also included the use of a full time valet parking service in conjunction with the restaurant and the use of compact parking spaces for a portion of the required off-street parking. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated January 21, 1982. At its meeting of March 8, 1982 the City Council reviewed and sustained the decision of the Planning Commission relative to Use Permit No. 2003 (Revised). Said action was taken with the findings and conditions set forth by the Planning Commission. Attached for the Planning Commission's information is an excerpt of the City Council minutes dated March 8, 1982. The use permit subsequently became null and void, inasmuch as the restaurant use was never established prior to the expiration date. Analylls The applicant is again proposing to establish a nighttime only restaurant use on the ground floor portion of the existing office building. Said restaurant will contain 1,691± sq.ft. of "net public area, and till will also be open from 5:00 p.m. to 2:00 a.m. daily. The prop osed include the on -sale service of alcoholic beverages in conjunction with a full service bar and live entertainment which will involve ployees will beusic within the lounge and dining areas. Approximately applicant employees also proposing to site during peak hours of operation. The ape I TO: Planning Commission-5. as to accommodate the proposed restaurant use. The applicant has obtained permission to use a total of 50 parking spaces in the off -site location although as previously indicated, 30 of the spaces have been subleased to Gordon Barienbrock in conjunction with his previous adjoining development. The applicant is also proposing to use a valet parking service in conjunction with the nighttime restaurant use. Due to the complex nature of the proposed parking arrangements, staff has prepared the attached chart which outlines the parking proposals for both Mr. Clark's project and Mr. Barienbrock's project. geoUi d Findings For The Use Of Off -Site Parking In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: ; (a) Such lot is so located as to be useful in conjunction with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (a) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership -of the off-s-ite lot must be ownership in fee of a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Staff has no objections to the proposed off -site parking spaces for the restaurant provided that they will be used exclusively by employees of the restaurant. Traffic Studv Due to the proposed change in use from office to restaurant on the ground floor portion of the building, the net increase in the average daily trips generated by the project exceeds 137. Therefore, in accordance with the Planning Commission-6. T0: required to obtain the a Traffic Phasing Ordinance, the applicant is traffic study for the pr°P°sed restaurant use. ment in City develop approval of a the proposed Council was performed for Ordinance and City 1989. e uired, a traffic study Traffic Phasing be completed in As r q with the City is expected to Traffic Engineer conformance The proposed project The City policy S w therefore completed for 1990. the project at Analyses were which could be affected y identified six (6) intersections full occupancy, to conduct a 1% Traffic Volume intersections is traffic, regional growth and The first step in evaluating existing Por any intersection where' taking Into consideration projects. rester than li Analysis, previously committed festimated on beg hour volume, the traffic of p the project traoon p s on any approach leg, and afternoon peak two and one-half morning rning is required. of the projected Utilization (I�) Intersection Capacity project traffic exceeded test indicate that f ethe West Coast Hig was Results of the one percent approach leg An ICU Analysis 1$ of projected traffic on an ri the evening. utilization during ca acity for this intersection, with the intersection P Riverside Avenue intersection table: conducted shown in the following ratios as SUMMARY OF ICUAOS WEST COAST HIGHWAY AT RIVERSIDE AVENUE NG PEA -11 0'.76/C _ 1• Existing (1988) 2 1990 + Cumulative 0.89/D 3 1990 + Cumulative + Project do not worst exceed 0.90 in theof the meets the requirements As illustrated, the projected ICU ratios case evening period. Therefore the Project Traffic Phasing Ordinance at this intersection- Traffic b�� the nearest public wires that "public access from e provided in new along the coast shall requires The Coastal Act of 1976 requires and 30620(b) of the Coastal Act roadway to the shoreline section the rocedures and guidelines... necessary ° development projects... requirement* adoption of specific procedure! pursuant to this req "Commission ut (The Coastal Act) dedication or better carry adopted definitions of vertical and lateral access which Coastal Commission of access to be: "A recorded specify these types easement..."• "ll � 1 d TO: Planning Commission-7. The City of Newport Beach has consistently required dedicated access easements for new developments on the bay. It is staff's opinion that the proposed change in use of the existing building constitutes a new development and, therefore, the public access requirement should be imposed. As shown on the attached plot plan, the applicant is proposing to provide an 8 foot wide public access easement along the bay and a 6 foot wide public access easement along the easterly property line. The Public Works Department has noted that the existing ground floor portion of the building maintains a 10± foot setback from the existing bulkhead. Therefore, the Public Works Department is recommending that the public access easement adjacent to the bay be a minimum of 10 feet wide. The applicant is opposed to this requirement inasmuch as it is his intention to construct new saw tooth windows along the bay side elevation of the building which reduces the ground floor setback from the bulkhead to 8± feet. For the Planning Commission's information staff has prepared the following table which sets forth the width of bay side access easements for other approved projects in Mariner's Mile. Lancer Landing; 3101 West Coast Highway 10 ft. John Dominis Restaurant/Office; 2901 West Coast Highway 10 ft. Chart House Restaurant/Office; 2801 West Coast Highway 6 ft. Turnstone Marine Center; 2431-2507 West Coast Highway 10 ft. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circula- tion, walls surrounding the restaurant site, landscaping, exterior illumina- tion, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to walls, landscaping and parking lot illumination, should be waived if the Planning Commission approves this application because of the existing developed nature of the site. Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for ' Planning Commission- 8-TO: be detrimental to welfare o£ persons will not, under the circumstances of the particular case, the health, safety, peace, morals, comfort, and general residing or working in the neighborhood of such proposed use, or or be detrimental or injurious to property and ur m�prroveme Sectionnts n 20.30 035 the neighborhood of dthe the general welfare of the City. royal Municipal Code sets forth the findings necessary to recommend the approval of off -site parking on a separate lot from the building site; and approve ppro e Should the Planning Commission wish to approve these 15.40.030 of the Municipal Code sets forth the findings require to ap a traffic study. ibit applications, the findings and condithouldithe Planning Commissionons set forth in the wish todeny "A" are suggested. However, these applications, the findings set forth in the attached Exhibit are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner WWW:11 Attachments: Exhibit "B" vicinity Map Excerpt of Planning CC$mmandion Msty 21, 1982 Dated January 7, l Excerpt of City Council Minutes Dated March 8, 1982 Parking Proposal Chart Traffic Study Plot Plan, Off -Site Parking Plan, Floor Plans and Elevations n d- -MEMO - PLANNING DEPARTMENT CITY OF NEWPORT BEACH DATE: November 5, 1991- TO: File, Use Permit No. 3328 FROM: William R. Laycock, Current Planning Manager SUBJECT: Status of Proposed Restaurant Use on property located at 2751 West Coast Highway At its meeting of January 5, 1989, the Planning Commission approved Use Permit No. 3328 that permitted the subject restaurant use. As a condition of approval, Use Permit No. 3328 would have become null and void on January 5, 1991 if a building permit had not been issued and construction had not begun on the facility prior to that date. A building permit was issued for the project on October 27, 1989 and work was subsequently begun. Construction has started and stopped in the proposed restaurant facility several times, because the property owner has attempted to find a new tenant to replace the original tenant that is no longer involved With the property. The Building Department has issued various extensions of the original building permit, inasmuch as construction was not completed. An inspection of the site on this date by Planning Department staff revealed that the interior walls, a majority of the ceiling (with fire sprinklers) and areas for the booths are substantially complete. The kitchen, the restrooms, and the fixtures, have not been installed, but will be completed by the new tenant of the restaurant facility. Scott Buckiess, architect for the project, and City staff members, Rusty Price, Dana Aslami, and Bill Laycock met on this date to discuss the status of the restaurant. It was determined that a new building permit would be issued for interior construction of the restaurant use, and that an extension of the building permit may be necessary if the work is not completed in six (6) months. Robin Flory, Assistant City Attorney, also informed staff that the property owner has vested rights for a restaurant use on the property because of the work that has been completed. 2751 West Coast Highway November 6, 1991 Page 2 Mr. Buckless was told that if the new building permit expires prior to the occupancy of the restaurant use with a new tenant, a new building permit could be issued without affecting the expiration date of Use Permit No. 3328. However, the longer the space remained vacant and unoccupied, the vesting rights for a restaurant use may be in jeopardy. WRL:cb lxy �.• r Fr r if�r CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 926594768 September 17, 1991 Mr. Scott Buckles Spruce Grove, Inc. 2900 Adams, Bldg. A Riverside, CA 92504 SUBJECT: PERMIT EXPIRATION NOTICE Reference: 2751 W Coast Hwv B-15183 10-27-89 (address) (permit no.) (date) Dear Mr. Carter: Our records indicate your permit listed above has expired based on limitations set forth in Section 303(d) of the Uniform Administrative and Building Code. To avoid having this permit cancelled and having construction agreement deposits forfeited requiring you to obtain new permits and pay additional fees, you need to contact this office within ten (10)-days from -the date shown above. Please contact the undersigned Inspector between 7:30 and 8:30 a.m. or 4:00 to 4:30 p.m. at (714)644-3263 to inform us of the current job status. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller, Director By: Don Hunsicker, Senior Building Inspector c: Chief Inspector 3300 Newport Boulevard, Newport Beach t �r CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 926594768 May 8, 1991 Mr. Scott L. Buckles Spruce Grove, Inc. 2900 Adams St. Bldg. A Riverside, CA 92504 SUBJECT: EXTENSION OF PERMITS B-22799 AND B-15183 Dear Mr. Buckles: Permit Number B-15183 was originally issued on October 27, 1989. The last passed inspection was on June 6, 1990. Since that time you have been given several correction notices to properly install a one -hour fire -rated shaft for the duct penetrations through the floor/ceiling and roof/ceiling assemblies. On numerous occasions you have requested to have this code requirement waived and each time your request has been denied. During this time the work under this permit has not proceeded. _ Normally a permit that has not had inspection for 180 days expires under Uniform Building Code Section 303(d) and a new permit is required. We did not expire this permit on December 6, 1990 because we were told by the superintendent that work has started became apparent again inspections ewould brequestedsentwa s happening, an expiration notice• Shortly after receiving the expiration notice, you came in to our office requesting an extension to the permit and again asked for a waiver on the one - hour fire -rated shaft. At this meeting we agreed to extend your permit under the following conditions: 1. All duct penetrations (including supply and return air ducts for the HVAC system) shall be in one -hour fire -resistive shafts. 2. All framing and corrections, including the fire rated shafts, shall be completed, inspected and approved by May 18, 1991. 3300 Newport Boulevard, Newport Beach i I, 0 r Page 2 3. All work authorized under the above referenced permits will be completed and final inspection and approval obtained by October 18, 1991. If you have any questions you may contact me at (714) 644-3263. My office hours are 7:30a.m. to 8:30a.m. and 4:OOp.m. to 4:30p.m. Monday through Friday. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller, Director BY: Don Hunsicker, Sr. Buillii g Inspector CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 C'ICIFO April 11, 1991 Mr. James Carter 2900 Adams St. C-230 Riverside, CA 92504 SUBJECT: PERMIT EXPIRATION NOTICE Reference: 2751 W. Coast Hwy. (address) B-15183 10-27-89 and B-22799 8-10-90 (permit no.) (date) (permit no.) (date) Dear Mr. Carter: Our records indicate your permits listed above have expired based on limitations set forth in Section 303(d) of the Uniform Administrative and Building Code. To avoid having these permits cancelled and having construction agreement deposits forfeited requiring you to obtain new permits and pay additional fees,. you need to contact this office within ten (10) days from the date shown above. Please contact the undersigned Inspector between 7:30 and 8:30 a.m. or 4:00 to 4:30 p.m. at (714)644-3263 to inform us of the current job status. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller, Director By: Don Hunsicker, Building Inspector c: Permit Technician \1-91 3300 Newport Boulevard, Newport Beach City Council Meeting March 13. 1989 Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Off -Site Parking Agreement F-12 Request to accept an off -site parking agreement so as to permit a portion of the required off-street parking spaces for a proposed nighttime only restaurant with on -sale alcoholic beverages, live entertainment, and valet parking, to be located in the Mariner's Mile Commercial Center at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, Parcel Map 73-23, located to the rear of 2700 West Coast Highway (off -site parking lot), in the Mariner's Mile Specific Plan Area. ZONE: SP-5 ` APPLICANTS: James and Sharon Carter, Anaheim OWNERS: Same as Applicants Application This is a request to approve an off -site parking agreement so as to permit a portion of the required off-street parking spaces for a proposed restaurant facility to be located in an off -site location. As outlined in Section 20.63.045E of the Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. TO; City Council - 2. 3. Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site'or sites). 4. The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. Snnvested Action If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement between James A. and Sharon A. Carter (restaurant site) and the Mariner's Mile Company (off -site parking site). Planning Commission Recommendation At its meeting of January 5, 1989, the Planning Commission approved Use Permit No. 3328 and related Traffic Study No. 52 (4 Ayes, 1 No, 2 Absent) that permitted the establishment of the subject restaurant facility on Mariner's Mile with the eleven Findings and subject to the twenty-nine Conditions of Approval of Use Permit No. 3328, as indicated in an excerpt of the Planning Commission minutes dated January 5, 1989. Proposed Parking The applicants propose to satisfy the nighttime (5:00 p.m. and 2:00 a.m. daily) operation of the restaurant facility through a combination of on -site parking and off -site parking in the Mariner's Mile Commercial Center parking area (see Vicinity Map in attached Planning Commission staff report). The nighttime restaurant use will require 43 parking spaces, based upon a formula of one parking space for each 40 sq.ft. of "net public area" (1,691i- sq.ft. 1 40 sq.ft. — 42.27 or 43 spaces). Approximately 32 on -site parking spaces will be provided (i.e. the number of spaces may vary, since the proposed compact parking spaces were eliminated by the Planning Commission for the newly adopted universal parking design standards). Although approximately 11 parking spaces would be required in the off -site location, the applicants have been authorized to utilize up to 20 parking spaces in said off -site parking lot. Condition of Approval No. 4 of Use Permit No. 3328 provides that the off -site TO: City Council - 3. parking area shall be used for employee parking only, and so no valet parking spaces will be permitted on said lot. A majority of the Commissioners had no objections to the proposed off -site parking arrangement. No Daytime Operation At This Time Condition of Approval No. 8 of Use Permit No. 3328 provides that the restaurant facility may be open for brunch on Saturdays and Sundays, provided that an off - site parking agreement is approved by the City Council guaranteeing that the additional required parking spaces are provided on the adjoining property located at 2801 West Coast Highway. However, this agreement will not be established until the use permit for the Chart House Restaurant on the adjoining property is amended to restrict its use of the parking spaces during the day on weekends. Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the applicants' request. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By WILLIAM R. LAYCOCK Current Planning Man ger WRL/kk COUNCIL\OFFSITE31389 Attachments for City Council Only: Excerpt of Planning Commission Minutes dated January 5, 1989 Planning Commission Staff Report dated January 5, 1989 •11 IIYI fa: wk" 1ACH COAST HIGHWAY YII YV, �I(� �J ,•�1, O�J/ 1. •.""'"• ;,.. Fr+l Z 5, l / l^• torE!,,I7f tiTlrJPa�'p.' ... ._li r•. l.fne JiC 19O%a��Rr1ti' DP.T. i1}Ib S'>4P1WgJ11, Y+:i' e bh'x 1i1 % 4 yP1re, 9.5'{1"is 51 ro� ��, u mmulum oiee G6TA,0C8r1)4 ills; 0a" `t t (F) STDI.BPACESf 21 (N) STD. SPACES; t 1 —� i B QIA�I i4�lo`yjA iol' 16a) II 1 I � �.. �IjI,3�eh4cd+o •��I�� `I:Izb`Lol�ua e4•LP Y ' G'f�lclYll••tY1 'yY OFFICE BUIL 11 RESTAURA1- REMM .'1; r rI ,81 TO 101 PUBLIC ACCESS EASEMENT BALBOA BAY 0 • r 1 9 EBY Dff0l447Z-7,D. Morro E loloo• MlrfcN �) ...;. FkY�1tXr (N)UII�G1. HIALIC•��i%: oGWE wowr 4 :+:a �� iIcPGW Ip pIRUGY14qh4 GY • 71ANY, PtoW .. �i' b7 cvaepca•k.Waur:,..:, '�' J �ItIZh1.cPE1 l� •li L. w�•.uprorHl�• .. •�11; `�✓`� �t Z3 bFN6L cl•W ICIf+rG.✓�F�. •;' . �x�srl�r, . • �iAWRARVLI • �,',' . v�wrY t+LctLs+vT AND Lx•.doT0N' : •.J G�ACLLWORa�I. Ety orAoa'S <s„ 1 EXHIBIT "B11 Plan Check No. / —? � k� COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS By: m - um— Associate Planner Telephone (714) 644-3200 Date: (/off/ J Address: o �5 w' ( Mvq Corrections Required:( Legal Description: Block Section Tract qj.i Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Lot Size/ Zone J � JC Proposed Use Required Setbacks: Front +Y-�•il��,r' Rear Right Side Left Side n' Structural Area: V c15M _, V a MaAm ��a _ '7J i �5 A Provide footage. Required Parking / r 2717 p_UN Sri Proposed parking (Indicate number of stalls provided) %�3-�-`�L.Q� Total On -Site Parking 3a� rJ�o� �Q/1Q�J6KfQe(� Standard - Compact Q n0 In-lieuPakki�ng PA Dimension building height as measured from natural grade to average and maximum roof height_j(d �3A_ Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. A{iJl1e. Indicate location of trash containers on site plan. Number of stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, V' fences, etc. in relation to the property line_.`,,, 7 ( J Fair Share Contribution j( � J1�7. 3 r I: eb�b^�c =sV "`� � San Joaquin Hills Transportation Corridor Fee (OVER) SPECIAL APPROVAL REQUIRED THROUGH: Modifications Committee `i 4 1 IW, R'� . r G3 VA Planning Commis ion: Use Permit Variance Resubdivision - Tract site Plan Review Amendment�"��&� Other -�%!ti[[�J ( Qh,�i/,awl �� /jL7/� is Works: / - i / V/�15In asement/Encroachment Permit Curb Cut Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer yParks Department: �i a�t4LA �/ Approval of Landscape Plans 11 60t, 0 Coastal Development Permits: AVL� ej Q-G'4- Approval in Concept *r- 1 a U " 89 (Note: File 3 sets of plans: plot plan, floor plan, elevations), Coastal Development Permit No. Waiver/Exemption NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you y have questions regarding your application, please contact me at (714) 0�lQ� 644-3200. mat 7' t Planning Commission Meeting Janu�r___ Y S 1989 Agenda Item No. 6 CITY OF NEWPORT BEACH Planning Commission TO: Planning Department FROM: Traffic'Stu No °2 (Public Hearin�i SUBJECT: A. traffic study " connection with a ffic Request to approve a "R and Marine Commercial" area of restaurant in the Mariner's Mile Specific Plan. the ecD B Use Permit No 3328 (Public Hearin the establishment of a nighttime only live Request to permit beverages, with on -sale alc)n located in the restaurant proP ertY rs entertainment and valet parking on Commercial"of alsoincludesrea "Recreational and Marine ae requestto Mile Specific Plan. The proposal portion of the -site parking agreement for a Mariner's approve an off required off-street parking to be located in the Coast Highway. Mile Commercial Center, at 2700 West A portion of Lot H, Tract No. 919, located at 2751hwastaCoast West Coast Highway LOCATION: Highway, on the southerly side of Avenue (restaurant site); and southerly terminus of Riverside Map 73-23, located to the rear of 2700 West Parcel 2, Parcel Highway on the northerly YMariner's Mile Specificside of West CoastgPlan Coast the (off -site parking lot) Area. ZONE: SP-5 APPLICANTS: James and Sharon Carter, Anaheim Avvli_____ ration This application involves a request to establish a resin anportionfacility tof With in the on -sale alcoholic beverages and live entertainment a P wired Pacifica Marine Building located in ahr agreement Mariner's Mile Specific portion of the nregd the acceptance of an off -site parking g in conjunction with the off-street parking. Valet parking is also Proposed permitted use within the proposed development. In accordance with Section 20.62.040 B. of the Newport Beach Municipal Code, restaurants are P Specific Plan "Recreational Marine Commercial" area of the Mariner's Mile permit in each case. Use permit procedures subject to the approval of a use pStandards for are site sparking areOff- nsetetion forth2in80 of Sec ionhe uncipal 20M30i035.D of M nicip l Code. The proposal also includes a request to approve a traffic study so as to the existing office space to allow the proposed conversion of a portion of restaurant use. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. E PAA Planning Commission-2. onmental Si n ficane has been .determined that it is has been reviewed, and it all This project new construction or conversion of U8 Quality categorically exempt under Class 3 ( the California Environmental Q structures) from the'ryQuirements of Act. r __, c Astal Pro ra ;on ormance with the General rin., o.._ — and is the Mariner's Mile Specific Plan theaLand Use is in „ uses in The subject property Coastal Program Land Use designated for "Recreational d Marine l coast a use permit. a permitted use upon securing Element of the General Plan a Coastal Permit The proposed restaurant is located in the Coastal permits - Inasmuch as the p j will be requited prior to the issuance of build ng p and surroundin Land Use the Sub eat Pro ert and related parking area areicommercial commercial structure A two-story across West Coast Highway to the south, subject property. To the north, uses, to the east, is the Rusty Pelican Restaurant to the west facility; is the site of the across Newport Bay are residentialoffices complex. existing Chart House Restaurant/ Rackeround Commission approved Use At ant its meeting of January 21, 1982, the Planning Revised) which permitted the ria dives entertainments °nrthe Permit No. 2003 ( located on the facility with on -sale alcoholic beverages cifica Marine Building ground floor Portion of the existing compact Said approval also included the use of a full time valet subject property' parking. The action parking service in conjunction with the off streetdthe use o parking spaces for a portion of the req t of the planning Commission was taken with attaacheddexcerpnd subject to the of the Planning rova1 set forth21in1the conditions of apP Commission minutes dated January 1982 the City Council reviewed i w d an, sustained 2003 the At its meeting a March 8, Commission relative decision of the Planning s and conditiocommission s Attached for the Planning 1982. (Revised). Said action was. taken with the find ng by the Planning Commission. Council minutes dated March 8, information is an excerpt of the City inasmuch as the restaurant The use permisubsequently became null and ration date. testablished prior to the exp use was never Analysis ni httime only restaurant to establish a office building. Said The applicant is again prop°sing of the existing round floor portion ,net public area and will be open use on the g 691# aq.ft. of The proposed restaurant will also restaurant will contain 0 'a m daily• con unction with a from 5*00 p.- alcoholic beverages in j piano music include the on -sale service er Approximately 11 employees will be on - full service bar and live enter areas ent which will applicant is ealsoeproposing to within the lounge and dining operation- The site during peak hours of A� a Planning Commission-3. y0: alter the southerly elevation of the building, adjacent to the bay, so as to ortunities for restaurant patrons. Such alterations round floor increase the view opp s. saw tooth pattern. Said will involve the construction of several new windows on the g be gned portion of the buildings aseh the grosssifloorino outlinf the e reflect building the major construction will +care feet. The following approximately 88 sq proposed project: characteristics of the prop 23,983 sq.ft. Lot Area. Existing Gross Floor Area (Office Only): Existing Floor Area Ratio: - Office Combined): G ss Floor Area (Restaurant/ 6,793± sq.ft. rJ3 .283 01�4 6,{r,883.±/sq.ft. CO-743 ggosed ro .3 Permitted Floor Area Ratio (As established by General Plan) 287 Proposed Floor Area Ratio: �1;fi91`:5;'sq•ft. Iroposed '"Net Pub1lc�Area of Restaurant.,r2 .5�sq.ft. R€oposea—set' F1o_ r Areaof b �i d... Required Restaurant Parking (Nighttime Only): One space for each 40 sq.ft., of "Net Public Area,, Required Office Parking (Daytime Only): One space for each 250 sq.ft. of Floor Area: Proposed Parking: (See discussion below) Daytime (Office Only): Nighttime (Restaurant Only): 43 spaces 12 spaces 14 spaces (on-site)1 32 spaces (on -site) 20 s (o acesff-sitel2 52 spaces total, The project meets or exceeds all applicable development standards for the Mariner's Mile Specific Area Plan. 18 of the applicant's 32 on -site spaces have previously been given 1 previously approved off -site to Gordon aBarigreement fortheadjoiningin idevelopment at 2801 West Coast Highway, parking parkingagreement 2 The applicant currently maintains innthef Mariner s Mile commercial ciaas which allows his use m. 50 i parkingspaces these 50 spaces, the applicant Center after 5:00 p.m. daily. on with the previously g Ivan 30 of them to Gordon Barienbrock iTheYefore�i20 off -site licant even though he only needs ite adjoining development at 2801 West Coast Highway. requirement parking spaces are available to the aPP parking off -site spaces to satisfy his nighttime qpces) spaces + 11 off -site spaces — 43 req /I M 'ro: Planning Commission=4. u red Off -Street Parking Ragcombination of daytime office use and nighttime restaurant use The parking requirements for the subject require 12 spaces based on a formula necessitates the establishment of two p property. The daytime office use will of one parking space for each 250 sq.ft. of net floor area (2,964require 43 250 — 11.8 or 12 spaces). The nighttime restaurant use will of net spaces based on a formula of one parking space for each 40 It 'should also public area (1,691± sq.ft. s 40 Icing — uire or 43 spacesy Parking be noted that the restaurant parking requirement paces) to neoparki g space space for each 30 sq.ft, of net public area (57 spaces) Staff feels that one for each 50 sq.ft. of net public area (34 spaces). adequate since parking space for each 40 sq.ft. of net public area should be no dancing is proposed in conjunction with the proposed restaurant. provide the space for The Marine Department has indicated that The there is a docks Pent Harbor Permit n effect at the subject property. then no additional boats. So long as these docks are used in approximately 16conjunction with the existing Yacht Brokerages on the subject property, arkin parking would be required. However, for moori gs t otheepublice then for king other purpose such as leathe r spaceaces per each feet of tie space. would be required at the ratio of . p spaces Based upon the City's Harbor Permit Policy, a total of 12 spaces (.75 x 16 tie spaces) would be required. pYODOSed Parking requirement applicant proposes to satisfy all of the daytime parking The The nighttime parking (office only) with available on -site spaces. g (restaurant only) will be satisfied through a combination of on -site Center ercial Center parking, and off -site parking in the Mariner's Mile Comm parking area. osed on the subject property Thirty-two (32) on -site parking spaces are prop (existing parking area will be restriped). Inasmuch as enKr 12 of the parking spaces are needed by the applicant during the daF i8 of the excess spaces have been provided tGordon a reementbforkin conjunction with a the adjoining development previously approved off -site -parking g ro osed ould also be noted at 2801 West Coast Highway- to be compact spaces. t inasmuch the the City 32 parking spaces are proposed arkin standard, the City Traffic has recently adopted the new no compact o paactP parking spaces be permitted within Engineer is recommendingthatn and mthat the proposed on -site parking be the Pacifica Marine property parking redesigned in accordance with the new p g design standard. The proposed nighttime parking (restaurant only) will include all of the applicant's 32 on -site parking spaces and up n 20 off -site parking spaces in the Mariner's Mile Commercial Center parking area. The use of the on - site parking spaces will be facilitated by the closing of the second floor office uses at 5:00 p.m. during the week and all day on Saturday and Sunday. The applicant will require said offices to close at the necessary times so Planning Commission-5. as to accommodate the proposed restaurant use. The applicant has obtained permission to use a total of 50 parking spaces in 'the off -site location although as previously indicated, 30 of the spaces have been subleased to Gordon Barienbrock in conjunction with his previous adjoining development. The applicant is,.also proposing to use a valet parking service in conjunction with the nighttime restaurant use. Due to the complex nature of the proposed parking arrangements, staff has prepared the attached chart which outlines the parking proposals for both Mr. Clark's project and Mr. Barienbrock's project. Required Findings For The Use Of Off -Site Parking In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in conjunction with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee of a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of City Council, execute a written instrument or instruments, approved tas n to form and content by the City Attorney, p g for he maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a changelin use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Staff has no objections to the proposed off -site parking spaces for the restaurant provided that they will be used exclusively by employees of the restaurant: traffic Study Due to the proposed change in use from office to restaurant on the ground floor portion of the building, the net increase in the average daily trips generated by the project exceeds 137. Therefore, in accordance with the �cI Is planning Commission-6• 10• Ordinance, the s required applicant i d restaurant use. to obtain the s Traffic Phasing for the propose meet in traffic study the proposed develop cityroval of a Council a traffic study was performed for Ordinance and City in 1989. the y's Traffic Phasing completed As required with Cit is eXpected to be Traffic Engineer conformance proposed project for 1990. The City the project at policy S-1• The ,P, completed be affected by were therefore could Analyses six (6) intersections which identified % Traffic Volume full occupancy• to conduct a 1 growth and intersections is traffic, regional step in evaluating existing por any intersection hen 1� The first taking into consideration projects- reater Analysis, eviously committed f j is estimated to -h g volume, the traffic of PI the Project traffic eak two and one-half hour approach leg' and afternoon 4 aired. of any pr eeted morning is req of the proj Capacity Utilization (I�) traffic exceeded Intersection GaP that the project Coast Highway / ereent test indicate of the WestICU Analysis was the one P on an approach leg An Results Yojected traffic during the evening- acity utilization 18 of P intersection with the intersection cap Rive Avenue table: conducted for thin the following is ratios as shown SUMMARY OF ICU/LOS WEST COAST HIGHWAY AT RIVERSIDE AVENUE ING PEA OWN— C NAR 0 1 Existing (1988) 0.76/C 2. 1990 + Cumulative 0,89/D 3. 1990 + Cumulative + Project not exceed 0.90 in the worst ro ected ICU ratios do requirements of the illustratedthe p j the project meets the As , eriod. Therefore Ordinance at this intersection• g case evening P Traffic Phasing "Public access from the nearest Public coast shall be provided in new of 1976 requires that P ires The Coastal Act and along the of the Coastal Act roadway to the shoreline Section 30620(b) the procedures and guidelines... necessary o " pursuant to this requirement, development projects— tien of specific p access which "Commission adoption Coastal Act)"• and lateral or carry out (The of vertical recorded dedication better adopted definitions „A these types of access to be: Coastal Commission specify " easement..• planning Commission-7. 41 required dedicated access Newport Beach has consistentiyt is staffs opinion that the City of Newp constitutes a new The is for new developments on the bay. building imposed. Basemen change in use of the existing uirement should be imp proposed therefore, the Public access reqan development and, to provide is Plan, the applicant is proposing 6 foot wide public on the attAChed plot P the bay and a Works As shown property line. The Public g foot wide public access easement along portion of the building easement along the easterly P round floor P Therefore, the access bulkhead• the existing public access easement Department a 10+ofoott that from ng that the p opposed maintains artment is recommending applicant is public Works DeP of 10 feet wide. Theconstruct new saw adjacent to the bay be a minimum side elevation of the building which reduces the to this requirement inasmuch as it at his intention o the bay t° g± feet. For the Planning tooth windows along from the bulkhead table which sets ground floor setback staff has prepared the following projects in Commission's information forth the width of bay side access easements for otherapproved Mariner's Mile. 10 ft. Lancer Landing; 3101 West Coast Highway 10 ft. John Dominis Restaurant/Office; 2901 West Coast Highway Lee- 2801 West Coast Highway 6 ft. Chart House Restaurant/Off31-2507 West Coast Highway 10 ft. Turnstone Marine Center; 24 estaurant De o e t Standards contains development standards for al Code compatible with Chapter 20.72 of the Municip ro osed development will be P Said development standards include restaurants to ensure that streets. setbacks, parking and traffic circullumi a - adjoining properties exterior illumina- for building landscaping, specific requirementsthe restaurant•site, Section 20.72.130 of the tion, walls surroundingthe utilities, and storage• tionor waiver , signing, underground of the above mentioned development standards Municipal Code states that any in no way be more for restaurants may be modified or waived and ° will in willn the strict the same or improvements than will achieve substantially the detrimental to compliance with the standards. ment standards as they apply Staff is of the P the lot illumination, should be waived if the opinion that king on -site develop the existing to walls, landscaping and P this application because of Planning Commission approves developed nature of the site. oecic nding fiFial Code provides that hat order the Newport Beach Municip shall find Permit, the Planning Commission applied for Section 20.80.06t of fp to grant any operation of the use or building PP establishment, maintenance or Planning Commission-8. articular case, be detrimental to o+x safety, peace, morals, comfort, and general welfare of persons 1 not, under the circumstances of the P or be the health, y the neighborhood of sucp proposed use, residing or working in rof S,nts in the neighborhood or injurious to property and imp Section 20.30.035 D of the detrimental or Further, royal the general welfare of the City. s necessary to recommend the approval Municipal Code sets `forth the finding required to approve on o£ off -site parking on a separate lot from the building site; al Code sets forth,otissiohe n findingsnwishe to approve these 15.40.030 of the Municipal the PlaningExhibit a traffic study.ons set for the findings and shouldconditPlanning.Commissi nth in the t ached wish to applications, are „A„ are suggested. thewfinding ever s set forth in the attached Exhibit "B" are these applications, suggested. PLANNING DEPARTMENT DAMES D. HEWIGM, Director 'W. William Ward Senior Planner WWW:11 Attachments: Exhibit "B" Vicinity Map Commission Minutes Excerpt of Planning Dated January 7, 1982 and January 21, 1982 Excerpt of City Council Minutes Dated March 8, 1982 Parking Proposal Chart Traffic study Plot Plan, Off -Site Parking Plan, Floor Plans and Elevations City Council Meeting March 13, 1989 Agenda Item No. F-12 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Off -Site Parking Agreement Request to accept an off -site parking agreement so as to permit a portion of the required off-street parking spaces for a proposed nighttime only restaurant with on -sale alcoholic beverages, live entertainment, and valet parking, to be located in the Mariner's Mile Commercial Center at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, Parcel Map 73-23, located to the rear of 2700 West Coast Highway (off -site parking lot), in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANTS: James and Sharon Carter, Anaheim OWNERS: Same as Applicants Application This is a request to approve an off -site parking agreement so as to permit a portion of the required off-street parking spaces for a proposed restaurant facility to be located in an off -site location. As outlined in Section 20.63.045B of the Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. 4% TO; City Council - 2. 3. Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee Pr a leasehold interest of a duration adequate to serve all proposed uses on the building site'or sites). 4. The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be'proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. Suggested Action If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement between James A. and Sharon A. Carter (restaurant site) and the Mariner's Mile Company (off -site parking site). Planning Commission Recommendation At its meeting of January 5, 1989, the Planning Commission approved Use Permit No. 3328 and related Traffic Study No. 52 (4 Ayes, 1 No, 2 Absent) that permitted the establishment of the subject restaurant facility on Mariner's Mile with the eleven Findings and subject to the twenty-nine Conditions of Approval of Use Permit No. 3328, as indicated in an excerpt of the Planning Commission minutes dated January 5, 1989. Proposed Proposed Parkin The applicants propose to satisfy the nighttime (5:00 p.m. and 2:00 a.m. daily) operation of the restaurant facility through a combination of on -site parking and off -site parking in the Mariner's Mile Commercial Center parking area (see Vicinity Map in attached Planning Commission staff report). The nighttime restaurant use will require 43 parking spaces, based upon a formula of one parking space for each 40 sq.ft. of "net public area" (1,691± sq.ft. e 40 sq.ft. — 42.27 or 43 spaces). Approximately 32 on -site parking spaces will be provided (i.e. the number of spaces may vary, since the proposed compact parking spaces were eliminated by the Planning Commission for the newly adopted universal parking design standards). Although approximately 11 parking spaces would be required in the off -site location, the applicants have been authorized to utilize up to 20 parking spaces in said off -site parking lot. Condition of Approval No. 4 of Use Permit No. 3328 provides that the off -site a PTO: City Council - 3. parking area shall be used for employee parking only; and so no valet parking spaces will be permitted on said lot. A majority of the Commissioners had no objections to the proposed off -site parking arrangement. Air. No Daytime Operation At This Time ,r+'a Condition of Approval No. 8 of Use Permit No. 3328 provides that the restaurant facility may be open for brunch on Saturdays and Sundays, provided that an off - site parking agreement is approved by the City Council guaranteeing that the additional required parking spaces are provided on the adjoining property located at 2801 West Coast Highway. However, this agreement will not be established until the use permit for the Chart House Restaurant on the adjoining property is amended to restrict its use of the parking spaces during the day on weekends. Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the applicants' request. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director BY WILLIAM R. LAYCOCK Current Planning Man ger WRL/kk COUNCIL\OFFSITE31389 Attachments for City Council Only: Excerpt of Planning Commission Minutes dated January 5, 1989 Planning Commission Staff Report dated January 5, 1989 OFF-SITE..PARKING AGREEMENT RECORDING REQUESTED BY AND WIZEN RECORDED RETURN TO: City Clerk CITY OF NEWPORT.BEACH 3300 Newport Boulevard Newport Beach, California 92663 Space Above This Line Ior Recorder s Use Only OPP-SITE PARKING AGREEMENT Andrew's Restaurant; 2751 West Coast highway Newport Beach, California THIS jj-- AGREEMENT, made and entered into this _�en� day of L) Y�?CNY� it' 19 V, by -and between and CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," Mariners Mile Company hereinafter referred to as "Owner," and James A. Carter and Sharon A. Carter hereinafter referred to as "Lessee," is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: I. Owner owns certain real property located at 2700 West Coast •Highway, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as: Parcel 2 of Parcel Map 73-23 hereinafter referred to as "the property"; and i II. Lessee operates on property located at 2751 West Coast Highway a restaurant known as Andrew's. Provisions , of the Newport- Beach Municipal Code require persons conducting a restaurant business, to provide parking spaces for their customers; and III. Lessee has applied to City for a use permit, has done so because Lessee proposes to construct a restaurant within an existing building on the property, and the changes proposed by Lessee are such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement• with Owner, which agreement grants to Lessee the exclusive right to use 50 automobile parking spaces on the property. A copy of the written agreement is attached hereto and marked Exhibit "A." Lessee has previously sub -leased 30 of those spaces (Exhibits "B" and "C") and retains the use of the balance of 20 spaces. V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of• a use permit for the restaurant referred to in paragraph II above, recommended to the City Council of• the City of Newport- Beach approval of this Off -Site Parking Agreement, after determining that the conditions of Section 20.30.035 _(D) of the Newport Beach Municipal Code were satisfied; and VI. The City Council of the City of Newport Beach considered the proposed Off -Site Parking Agreement, Determined that the Agreement satisfied the provisions of Section 20.30.035 (D) of the Newport Beach Municipal Code, and authorized execution of this Agreement, -2- i ,, NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee shall execute, and do all things necessary to ensure the effectiveness and validity of, the written agreement pursuant• to which. Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by .the Lease Agreement (Exhibit. "A") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates a restaurant located at 2751 West Coast Highway, and with the characteristics, and intensity of• use, authorized by the Lease and any previous approvals granted by City. 2. In the event that the use of the off-street automobile parking spaces provided for on this Lease Agreement (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the following: a. Alter the characteristics of, or reduce the capacity of, the restaurant located at 2751 West Coast- Highway such that automobile parking spaces available to, and under the control of, Lessee are, given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport- Beach Municipal Code; b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director ,of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and C. Prior to resuming business in the - manner e authorized prior to the loss of the parking spaces, Lessee shall submit- to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement- (Exhibit "A") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all times the restaurant is open for business, provide a sufficient number of parking attendants to ensure that the off-street parking spaces are utilized for the purposes intended. 4. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission and/or City Council of the city of Newport Beach in conjunction with the approval of the use permit for the restaurant. The minutes of the Planning commission and/or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "D", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to the expiration of the written Lease Agreement, (Exhibit "A") provide a now or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit• "A"). -4- \1 ' r a 6. This Agreement shall run with the property, shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: City Clerk (PARTNERSHIP) CTATE OF CALIFORNIA SS. OUNTY OF ORANGE On .T2nuary 25, 1989 before me, the under- signed, a Notary Public In and for said County and State, personally appeared NEDRICK R. MC CUNE personally known to me (or proved tome on the basis of satisfactory evidence) to be onP of the parinms; of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. I WITNESS my hand ndd�bflicial se.IC l {" S aron L. Zettnet We 1012 Name (Typed or STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor 'L FOR NOTARY SEAL OR STAMP OFFICIAL SEAL SHARON L. ZEHNER - Notary Public-Californla ORANGE COUNTY e My Comm. Exp. Mar. 10,1990 On this 27th day of January , in the year 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Carter and Sharon A. Carter , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name s are subscribed to the within instrument, and acknowledged to me that t he.Y executed it. r`�'<'�' ?•',?Sv' 7�y WITNESS my hand and official seal. Notary Public in and for said Stale. ACKNOWLEDGMENT—Conetal—Wolcolls Faun 203CA—Rev. 5.82 0)1982 WOLCOTTS, INC. (once class 821 6. This Agreement shall run with the property, shall bind the heirs, successors-in-ipterest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WJIEREOP, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor ATTEST: City Clerk I .CITY Mariner's Mile Co. OWNER Nedrick R. McCune James A. Carter LESSEE 1 A �Sh ron A. Carter LESSEE LEASE AGREEMENT This lease is between MARINERS MILE COMPANY, hereinafter called Lessor, and WILLIAM J. CLARK•'hereinafter called Lessee. Description Lessor leases to Lessee 'and Lessee hires from Lessor, upon the terms and conditions stated herein, a portion of'thc parking area located behind the Mariners Mile Building on 2.700 West Coast IIighway, City of Newport Beach, County of Orange, State of• California, consisting of fifty (50) parking spaces, hereinafter referred to as "premises". The premises shall consist of fifty (50) parking spaces located farthest from the building and farthest from the busier stores in the building. 2. Use The premises are to be used only for valet parking of cars of customers of lessee's restaurant located at 2751 West Coast IIighway, Newport Beach. Lessee's customers may not park their own'cars on the premises. Lessee's employees may not park their cars on the premises. Lessor has the right to tow sucl,, m cars away. Lessee's valet parking may uegin at 5:00 p.m. earn day, and must end at 3:00 a.m. the following morning. Lessor has the right to tow away lessee's valet -parked cars Lett on the premises after 3:00 a.m. Failure to restrict the use to the times and purpose specified herein shall constitute a breach of this lease. Lessee agrees not to use the premises in any manner, even in his -use for the purpose for which the premises are leasea, that will increase risks covered by insurance on the ouilainy where the premises ate located so as to increase Lessor's rate of insurance on the premises, or so a's to cause cancellation or any insurance policy covering tr,e building. 3. Term The term of this lease shall be five (5) years, unless sooner terminated as provided herein, aria shall commence on the date of execution. If the term begins other than on the first aay or a uiontri, the term shall include the first partial month, plus sixty additional months. -2- 4. Ren t �V 1 Lessee agrees to pay Lessor Five Hundred ($500.00)(eac h month on the first day of each month during the term of tnis lease. There shall be a rent increase every year during the term of this lease and extensions thereof. Tne new, aujustea rent shall bear the same relation to the former.rent that the Consumer Price Index, as published by the L.S. Department of Labor, -Bureau of Labor Statistics, for the Los Angeles - Long Beach - Anaheim area, "ail urban", (1967 = 100), tar tue ruorlch the rent is adjusted bears to the Index of twelve months earlier. It the Index shall cease to oe pubiisnea, tnen its successor or generally recognized substitute shall be usea for the purposes of this paragraph. 5. Option Lessee shall have two options to renew this lease upon the same terms and conditions as during the original term, except for the rental rate which shall continue to be incrcasea annually by the formula set forth in paragraph 4. Each option -3- , is for five years. Lessee must notify Lessor in writing of nis intention to exercise the option 120 days prior to the expiration of the term. 6. Liability Insurance Lessee agrees to obtain public liability insurance at Lessee's expense, adequate to. protect Lessor against liability for damage claims through Vubiic use of or arising out or accidents occurring in or around the leased premises in.a minimum amount of $1,000,000.00 for any one accident. Sucn insurance shall be subject to approval by Lessor, approval not to be unreasonably withheld. Tne insurance shall be maintained during the full term of this lease, and any extension hereof. Such insurance policies shall name Lessor as co-insurea. Copies of the certificates shall be delivered to Lessor. Lessee agrees to obtain a written obligation from the insurers to notify Lessor in writing at least thirty (30) days prior to cancellation or refusal to renew any sucn policies. 7. Assignment, Sublease No assignment or suolease of tnis agreement can oe maae to anyone whose operation encompasses more than a restaurant at -4- 2751 West Coast Highway and without the prior written consent of Lessor. Any assignment or sublease made without the prior written consent of Lessor is void and shall terminate tnis lease. Lessor's consent to one assignment or sublease shall not be considered a consent to any suosequent assignment or sublease. Lessee's interest in this lease is not assignable by operation of law nor is any assignment of nis interest herein. The Lessor has the right to reject any assignment or sublease. M Termination Lessee may terminate this lease it he rails to receive a permit to operate a restaurant at 2751 West Coast highwa} before December 31, 1981 by giving written notice to Lessor. Termination will take effect thirty (30.) days after Lessee receives such written notice from Lessor. Failure to pay rent is a default and breach of this lease if continued ten (10) days after written notice to Lessee tnat rent is past uue. GI Parking by Third Parties: Lessor covenants that ne wili not lease more tnan 25 parking spaces to third parties who are not tenants of the Mariners Mile Square building. Lessee acknowleuyes tnat a lease for 25 spaces to Joseph Minney, dba Josh Slocum's -5- Restaurant, is presently in effect. Lessee acknowledges that occasionally (e.g.,during the Christmas shopping season). Lessor will not be able to provide all 50 spaces to Lessee because of increased shopping at Lessor's building. Such occasional deficiency is not a breach of this lease. it other parties, not associated with Lessor, are making unauthorizea use of the parking lot to the detriment of Lessee, the parties hereto will consult on the best plan to keep those cars ott or ,the lot. 10. Waiver of Claims For Injuries ana Damage The Lessee waives all claims against Lessor, its agents anc, employees, for damage of any kind to property or merchanaise of Lessee or for injuries to Lessee, its employees, guests, customers and licensees, arising out of or caused on the premises or the common area or resulting trom Lessee's occupancy or use of the premises. 11. Nonliability of Lessor Indemnity and Save Harmless Clause Lessee hereby covenants and agrees to inaemnity Lessor ana save him harmless trom all liability, loss, aamage, claims, obligations, costs, fees and other expenses arising out or injury to persons, including Lessee ana nis agents or employees, guests and customers, or for property camage, in or around the leased premises or from any cause arising out of Lessee's occupancy or use of the premises. 12. Remedies on Breach If Lessee breaches this lease, Lessor shall nave all rights and remedies provided by law. It is specifically agreed that upon breach, Lessor may terminate the lease by giving written notice of sucn termination to Lessee. 13. Eminent Domain Eminent domain proceedings resulting in the condemnation of a part of the premises leased herein will terminate tnis lease. 14. Signs, Awnings Lessee agrees that he will not construct or place or perwit to be constructed or placed signs, awnings, marquees or other structures without Lessor's written consent. -7- 15. Attorneys' Fees If any action is filed to enforce any covenant of tnis lease or for breach of any covenant herein, the losing party agrees to pay the reasonable attorneys' tees and costs of the prevailing party. 16. Lessor's Waiver Lessor's waiver of breach of one term, covenant or condition of this lease is not a waiver of breach of otners nor of subsequent breach of the one waived. Lessor's acceptance of rent instalments after breach is not a waiver of the breach except of breach of the covenant to pay the rent instalments on instalments accepted. 17. Holding over In case Lessee holds over atter the end of the term c,erein provided, with the consent of the Lessor, such tenancy shall be from montu to month -only subject, nowever, to earn and every other term, covenant and condition of this lease. i .. 18. Time Is Of The Essence Time is of the essence of this agreement. 19. Insolvency or Bankruptcy Lessee's general assignment for benefit of creuitors, appointment of a receiver (except a receiver appointed at Lessor's request), or Lessee's insolvency or takiny or suffering action under the Bankruptcy Act is a breach of this lease. 20. Subordination ' L This lease is subjec and ubordinate to any mortgages or trust deeds now on or that may be hereafter placed against the premises, anc to all advances maae or that lai b6 maue on account of the encumbrances, to the full extent of the principal sums secured thereby and interest thereon. SM TT I 21. Successors in Interest Subject to the provisions regarding absignment and subleasing, this lease shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. All parties shall be jointly and severally liable. 22. Notice All notice given pertaining tothislease shall be in pry �J'i writing and delivered personally oy �(agisterea mail, postage prepaid, addressed as follows: r� Lessor's address for this purpose snail ne: Mariners Nile Co., c/o Alfred V. Jorgensen, 1533 Antigua Way, Newport Beach, California 92660. Lessor's address for tnis purpose may be changed by written notice to Lessee. Notices to Lessee may be addressea to: William J. CiarAp 2751 West Coast Highway, Newport Beach, California 92663, or such other address as he any designate in writing. -1n- , k . 23. Written Agreement This lease may be amended only in writing ano nu oral amendment shall affect the terms of this lease. 24. Entire Agreement This written agreement is tr,e entire' agreement oetween the parties. There are not other oral agreements or representations not contained herein. 25. Security Depasit Lessor acxnowledges receipt of $500.OU to ue ne.La• throughout the term of this lease ana extensions thereot as one guarantee of the covenants herein. Dated Lessees: Lessor: _ MARINERS MILE COMPANY By,/i �i��'C!{ /G By ��•J,,� J`' //7 killiam J. a k hearicK McCune YaLtner gy ri1:1...•i , � , Alt ed V. J gensen Partner LEASE AMENDMENT Whereas the parties to a lease for 50 parking spaces in the lot behind the building at 2700 West Coast Highway, Newport Beach, California, dated June 12, 1981, are Mariners Mile Company, lessor, and William J. Clark, lessee, and Whereas this lease was amended by letter dated August 4, 1981, and Whereas the parties wish to make further amendments to the lease, The parties do hereby agree: 1. The amendment dated August 4, 1981 is null and void. 2• The body of the second paragraph of the original lease, the use paragraph, is deleted and in its place the following is substituted: The premises are to be used only for valet.parking of cars of customers of lessee's restaurant located at•2751 West Coast Highway, Newport Beach, or for parking of lessee's employees, who may park their own cars. Lessee's customers may not park their own cars on the premises. Lessee shall furnish, within seven days of demand by lessor, a description of cars which his employees may park on the lot. If further identification is necessary, lessee shall give to his employees distinctive windshield stickers so that lessor can tell those cars.from all the others. Lessee's valet parking may begin at 5:00 p.m. each day and must end at 3:00 a.m. the following morning. Lessor has the right to tow away lessee's valet - parked cars left on the premises after 3:00'a.m. Lessor has the right to tow away the cars of lessee's customers if they park their cars themselves, but he shall not do so without first informing lessee of this proscribed use and giving him a reasonable time to correct it. Lessee shall take all appropriate measures to ensure that the use of the parking lot generated by his restaurant is within the use granted in this paragraph. Lessor may require lessee to post a uniformed guard oh the premises between the hours of 5:00 p.m. and 10:00 p.m. each day to ensure adequate parking for tenants of lessor's building and for lessee under this lease. This requirement is not diminished by the fact that proscribed users are going elsewhere than to lessee's restaurant. Failure to restrict his use to the times and purposes specified herein by lessee shall constitute a breach of this lease. Lessee agrees not to use the premises in any manner, even in his use for the purpose for which the premises are leased, that will increase the risks covered by insurance on the building where the premises are located so as to increase lessor's rate of insurance on the premises, or so as to cause cancellation of any insurance policy covering the building. 3. There shall be a rent abatement for the period commencing October 1, 1981 and lasting until lessee has opened his restaurant for business, or until June 30, 1982, whichever is first to occur. The rent during this period shall be $100 per month. Lessee has the right to terminate this lease until June 30, 1982 by giving lessor 30 days written notice, provided that his reason for termination is the inability to obtain government permission to open his restaurant. 4. Lessor grants to lessee a one-time only exception to paragraph 7 of the original lease: he may sublease a maximum of thirty parking spaces to his next door neighbor, located at U West Coast Highway, Newport Beach, provided that such arrangement between sublessor and sublessee is necessary to consolidate parking between them after 5:00 p.m. Such sublease may be renewed with the original lease through the latter's option clause, but only for as long as it remains necessary as defined above. Dated: ",?Znj. J, ��SI Lessee: Lessor: i William J. Clark Nedrick McCune Alfred V.'Jorgensen 2 SUBLEASE Date: July, 1 0 1982 Place: Newport Beach, California Parties: MARINERS MILE COMPANY ("Lessor"); WILLIAM J. CLARK ("Sublessor"); and JAMES A. CARTER ("Sublessee"). Recitals A. Lessor and Sublessor (as Lessee) are the parties to a Lease Agreement dated June 12, 1981, as amended by Lease amendment dated November 19, 1981, ("the Lease Agreement") with respect to parking spaces located at 2700 West Coast Highway, -Newport Beach, California.• B. Sublessor wishes to sublease to Sublessee the Lessee's interest under the Lease Agreement to thirty (30) parking spaces and Lessor wishes to consent to this sublease and to permit a further sublease by the Sublessee hereunder. Agreement NOW THEREFORE, in consideration of the mutual and reciprocal covenants and conditions hereinafter set forth,.the parties agree as follows: 1. Sublessor hereby subleases to Sublessee all Lessee's right, title and interest to thirty (30) parking spaces under the Lease Agreement, for the term of the Lease Agreement including, without limitation, any renewal, extension, or renegotiation thereof. 2. Sublessee hereby accepts this sublease by Sublessor and agrees to be bound by the terms of the Lease Agreement as amended, and to, as:;!,cie liability for a three -fifth's portion of the monthly rental r 7 3. Lessor hereby consents to this sublease by Lessee of thirty (30) parking spaces to Sublessee under the Lease Agreement as amended* and to the sublease hereafter by Sublessee in conformity with the Lease Agreement to the owner of the restaurant located at 2871 (also known as 2801) West Coast Highway, Newport Beach, California. 4n �n 4. All use of the parking spaces subject to this Sublease shall c �- stb � in ' i'accord with the provisions of the Lease'Agreement. In the r event the Lease Agreement is terminated for any reason, this Sublease' shall also.be terminated. 5. Notices to Sublessee shall be addressed to: James A. Carter, 121 Royal Oak Road, Anaheim, California, 92807, or such other address as he may designate in writing. 6. Paragraph 3 of the Lease Amendment dated 11/19/81 is amended so that where "June 30, 1981" appears, it is deleted and "December 31, 1981" is put in its place. SUBLESSOR: u a SUBLESSEE: es arter LESSOR: MARINERS MILE COMPANY �— e Yic c une, artner �� L 1 , 7•/ y: re .j J'orcens�artner -2- pECORDIN� REOUESIC4 SY MO MAIL TO �G�nlreo %� C�c�Z2 ARIW go Date: July 1, 1982 85--156999 SUBSUBLEASE Place: Newport Beach, California $9.00 C16 TERM OF LEASE IS LESS THAN 99 YEARS Parties: JAMES A. CARTER ("Subsublessor"); and GORDON BARIENBROCK ("Subsublessee") Recitals A. MARINERS MILE COMPANY and WILLIAM J. CLARK are the parties to a Lease Agreement dated June 12, 1981, as amended by Lease amendment dated November 19, 1981, ("the Lease Agreement") with.respect to parking spaces located at 2700 West Coast Highway, Newport Beach, California. B. MARINERS MILE, CLARK and Subsublessor hereunder are the parties to a Sublease Agreement dated July 1, 1982, subleasing thirty (30) of the parking spaces located at 2700 West Coast Highway, Newport Beach, California, to Subsublessor hereunder. C. Subsublessor hereunder wishes to sublease to Subsublessee said thirty (30) parking spaces. Agreement NOW THEREFORE, in consideration of the mutual and reciprocal covenants and conditions hereinafter set forth, the parties agree as follows: 1. Subsublessor hereby subleases to Subsublessee all Subsublessor's right, title and interest to the thirty (30) parking spaces under the Lease Agremeent, for the term of the Sublease Agreement including, without limitation, any renewal, extension, or renegotiation thereof. RECORDED IN OFFICAL RECORD6 OF ORANGE COUNTY! CALIFORNIA .2 52 PM MAY 1,85 a it 19 85--156999 2. Subsublessee hereby accepts this sublease by Subsublessor and agrees to be bound by the terms of the Sublease Agreement as amended, and to assume liability for the monthly rental thereunder. 3. All use of the parking spaces subject to this Subsublease shall be in strict accord with the provisions of the Lease Agreement. In the event either the Lease Agreement or Sublease Agreement is terminated for any reason, this Subsublease shall also be terminated. 4. Notices to Subsublessee shall be addressed to: Gordon S. Barienbrock, 3000 West Ocean Front, Newport Beach, CA 92663; notices to Subsublessor shall be addressed to James A. Carter, 121 Royal Oak Road, Anaheim, CA 92807; or such other address as they may _ designate in writing. i STATE OP CALIFORNIA }SS. COUNTY OF Orange )J 85- 156999 On May 17 1983 before me, the undersigned, a Notary Public in and for said State, iwrsonally a t,cared ' JAr+IES A CARTER and GORDON S BARIENBROCK , known to me to be Me person S whose name S aresubscribed to the within instrument and acknowledged, 0 [flat they executed the saint. `+ ter,. OVICKI D.'N ORD WI'1'NL'SS t nd agd ofnui' seal. /, ""��"r'`, VICKI CINf•ORD • J' u rr�� NOTARY PUBLIC' - CALl1:ORNIA u Signature J ire• "^ t „j cr�iiac� courar< my c3mm. expires JUL 13, 1354 VICKI BINFORD Name ('Typed or Printed) ( pP 43 (to) (This area for official seal) IIIL t 85--156999 2. Subsublessee hereby accepts this sublease by Subsublessor and agrees to be bound by the terms of the Sublease Agreement as amended, and to assume liability for the monthly rental thereunder. 3. All use of the parking spaces subject to this Subsublease shall be in strict accord with the provisions of the Lease Agreement. In the event either the Lease Agreement or Sublease Agreement is terminated for any reason, this Subsublease shall also be terminated. 4. Notices to Subsublessee shall be addressed to: Gordon S. Barienbrock, 3000 West Ocean Front, Newport Beach, CA 92663; notices to Subsublessor shall be addressed to James A. Carter, 121 Royal Oak Road, Anaheim, CA 92807; or such other address as they may designate in writing. SUBSUBLESSOR: es A. Carter SUBSUBLESSEE: L 0-if Y OF NEWPORT BbkCH MINUTES '�'o t{►A Z Cp -A March 13, 1989 One Beach Maintenance Crew Chief, Field Maintenance. 9, STAFP\4ND COMMISSION REPORTS - For Council information and approval: (a) Report frbqPlanning Department Plar regarding C 4ECTION OF IN LIEU (68) PARKING FEES. � For Council information�id filing: (b) Removed from the Consent -,,Calendar. 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. \ 12. OFF -SITE PARKING &Q.Pj �,NI-ANDREW' S Off -Site RESTAURANT - Acceptance of an Off -Site Pkg Agm/ Parkin Agreement with James A. Carter and Andrew's Sharon A. Carter (Andrew's Restaurant), Rest for a portion o t e require marking C-2742 spaces in conjunction with USE PERMIT (38) NO. 3928, which permitted the establishment of a restauran[ located in the Recreational and Mar ne ommercfal area of the_Marinera Mile.Speci 17c Plan at 2751 West Coast Highway, Newport Beach. (Report from Planning Department) 13. RESUBDIVISION NO. 867 - Approve a Resub 867 ivision agreement guaranteeing (84) letion of the public improvements ired with Resubdivision No. 867 (3636 h Street in the Newport Place ned Community); authorize the Mayor City Clerk to execute subject ant; accept the offer of c ion of an easement for water line ose as shown on Resubdivision No. \ALE and ccept the offer of dedication ehicu r access rights to Bristol et exce t the existing driveway as n on Res division No. 867. (Report Public Wo ks Department) 1IAL EVENT.PER IT APPLICATION NO. Permit/Spcl 42 - Approve, to conditions Evnt#89-042 in the staff reportary street (65) closure of Via Opordo Marina Village on Tuesday,11 through Monday, April 17, 1m 11:00 a.m. \16thnnual - 6:30 p.m., for thnnualIn-the-Water Boat ScanMcIntosh Company, Ip t from Business License Su) Volume 43 - Page 80 SLF MAP No, 1' A ?$o 71 4 I R J �J 0 n C "' ar : 0 sr-s Z D .P•r B DUAsx \ .wOM�de T L C•I•M � \\ -1-H C•I.1p ttk 1 f nCL/fF ORIVf R-I xl PARK 1 L // 6• R of DISTRICTING MAP NEWPORT BEACH — CALIFORNIA • R-A AGRICULTURAL RESIDENTIAL R� MISTIPLE RESIDENTIAL FA MILY RESIDENTIAL C-1 LIGHT COMMERCIAL f ah R-I SINGLE C-E GENERAL COMMERCIAL R-E DUPLEX RESIDEMTILL / Opp. MO. IlS R-S RESTb. MULTIPI1 FAMILY RESIDENTAL M-1 MANUFACTURING DSO. lb,1960 OF FEET m OplIXIRG OISTRIOTS UMITEO COMMERCIAL w •°D_,_� F YA 5 A OWN THU5•-0- �'r'AIC S1'eEil7jr D. �52 'pM IT . t4o. 3328 t � pLp A5 Ri o prl +vr 3 � ip r jam• A41 2 5p� zro r sP•s sr_s 2 e � Y NEST I + sa.F Jya" T jg ~o C-I•H d \ Y M \\ by CI•I'1 < u R o t c � ILI a r C-1•M Z J ,STIc/T \ ft� HwP Ap.a DI NEWP • R—/. ADRI SING R—= DUPL R--3 aE5 06 ' sps r I PAS' F.V Ry o ` � 0 c,•N 9, ` ti y�pN RY ` 1p Q ^ram•... M.n �w a`r;a•(�� u:�c'ii \ L: STRICTING MAP ORT BEACH — CALIFORNIA R-4 1,AMpLE RESIDENTIAL LTATUML RESIDENT W- C-1 LIDNT pDMMUU ERG. LE FANILY RESIDENTIAL C-1 GENERAL COMMERCIAL / Ow EN 0.ESIOENTIAL M-I NANUmTURING DEC, 91,1950 {p, MULTIPLE !AIRY RESIOEITAL UNO.ASSIFIED NE OISTRIOT, LIMITED COMMERCIAL FEET - CglINI A N THUS-0- .m w� F T YAR J I D, 5Z cra mo rr itIV40. 55 2 85 -/G_ JAMES A. CAREER / POST OFFICE BOX 17967 / ANAHEIM, CALIFORNIA 92817 / (714) 637-2890 / (714) 637.5539 August 3, 1989 Planning Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Re: Letter of Compliance for 2751 West Coast Highway, Newport Beach, CA Dear Sirs: This letter is intended to fullfill your requirements for completion of plan check No. 1194-89. This letter is o certify that we will comply with the following conditions of approval ) use permit No. 3328: 3, 4, 5, 9, 13, 14, 15, 19, 24, 26, 27. / / Fames Af. Carter /j� / �- 6� Sharon A. Carter JAC/mz JAMES A. CARTER / POST OFFICE BOX 17967 / ANAHEIM, CALIFORNIA 92817 / (714) 637.2890 / (714) 637.5539 August 14, 1989 Planning Department City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658-8915 RE: Letter of Compliance for 2751 W. Coast Hwy., Newport Beach Gentlemen: This letter is intended to fulfill the requirements for completion of Plan Check #1194-89. This letter is to certify that we will uphold Conditions 21 and 22 of the conditions of a,gproval of Use Permit #3328• Sharon A. Carter JAC/a WHEN RECORDED MAIL TO: ANTHONY J. VALENTINO 500 West Santa Ana Blvd. Suite 240 Santa Ana, California 92701 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECITALS Whereas, the undersigned, James A. Carter and Sharon A. Carter, his wife, ("Owners") are the holders of the Fee Title to certain real property and the improvements thereon commonly known as 2751 West Coast Highway, in the City•of Newport Beach, County of Orange, State of California (the "Property") which is legally described as follows: The Southeasterly 100.00 feet of the Northwesterly 250.00 feet of Lot H of Tract No. 919, as per map recorded in Book 29, pages 31 to 34 inclusive, of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. and Whereas, the Owners intend to convert the first floor of the building located on the Property from its current retail/office use to use for restaurant purposes; and Whereas, the Owners have applied for and have secured from the City of Newport Beach, California (the "City") approval of their City Planning Commission Use Permit Number 3328 ("Use Permit") in order to convert said premises.to restaurant purposes as aforesaid; and Whereas, the City has attached Condition Number 8 to said Use Permit which condition provides the .pn2 following: "That the hours of operation for the proposed restaurant shall be limited between 5:00 p.m. and 2:00 a.m. daily. The applicants (Owners herein) shall record a covenant against the property, the form and content to be approved by the City Attorney, which will guarantee that all nighttime on -site parking shall be for the exclusive use of the subject restaurant, and that all other uses on the site will be closed after 5:00 p.m."; and Whereas, the Owners have caused this Declaration to be prepared, submitted to the the City and approved by the City Attorney as indicated below, and then to be recorded to satisfy said Condition Number 8 to the Use Permit. NOW THEREFORE, in consideration of the premises and the terms and conditions hereof, the sufficiency of which is hereby acknowledged, the Owners do hereby declare that the Property shall hereafter be subject to the following covenants, conditions and restrictions: 1. Any restaurant on the Property, shall be open for restaurant business only from the hours of 5:00 p.m. to 2:00 a.m. daily including weekends ("Nighttime Hours"). 2. All Nighttime Hour parking of restaurant customers shall be on the parking areas located on the Property ("On - Site Parking"). The On -Site Parking during the Nighttime Hours shall be reserved for the exclusive restaurant use of the Property. All other non restaurant building use of the Property shall be closed after 5:00 p.m. daily. The Owners shall incorporate these use restrictions in all future building lease agreements. 3. The covenants, conditions and restrictions contained in this Declaration shall commence when the restaurant to be constructed on the Property opens for restaurant business. This Declaration shall terminate at such time as all restaurant operations on the Property cease and the Owners cause a Notice of Termination of this Declaration to be served on the City Attorney and recorded in the office of the Recorder of Orange County, California. 4. Subject only for the termination provisions specifically provided in this Declaration, the covenants, conditions and restrictions contained herein shall run with the land and bind the Owners, their successors and assigns. All parties claiming by, through or under the Owners, shall be taken to hold, agree and covenant with the Owners, their successors and assigns and with each of them to conform to and observe the above set forth restrictions on the use of the Property. 5. Invalidation of any one of the above covenants, conditions or restrictions by subsequent statute, ordinance or judgment of court shall in no way effect any of the other terms of this Declaration which shall remain in full force and effect. 6. The signature below on behalf of the City followed by the Official Seal of the City constitutes the City's -3- w" acknowledgment that this Declaration has been approved by the City Attorney as required in Condition Number 8 to the Use Permit. Acknowledgment of City Attorney Approval: This Declaration has been approved by the City Attorney in accordance with Condition Number 8 to the City Planning Commission Use Permit Number 3328. City of Newport Beach, California BY: TITLE: SEAL OF THE CITY Executed at Anaheim Hills, California this loth day of STATE OF CALIFORNIA COUNTY OF ORANGE 1 On 66.•51,L s-f 2(4 , 1 i e I , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES A. CARTER and SHARON A. CARTER his wife personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. Witness my hand and official seal Signature C . (9 j t-eJ STATE OF CALIFORNIA—THE GEORGE DEUKMEJIAN, Gowmr CALIFORNIA e SOUTH COAST AREA 245 WEST BROADWI LONG !EACH, CA 1 (213) 590-5071 COASTAL DEVELOPMENT PERMIT Page 1 of 3 ^; Date: August 8, 1 Permit No. 5-89-88 On May 12, 1989 , the California Coastal Commission granted to JAMES A. CARTER and SHARON A. CARTER this permit subject to the attached Standard and Special conditions, development consisting of Conversion of the first floor of a two—story office building from retail sales to restaurant use. more specifically described in the application file in the Commission offices. The development is within the coastal zone in 2751 West Coast Highway, Newpor Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director By: Title ACKNOWLEDGMENT County at The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . . of any permit. . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date Signature of Permittee COASTAL DEVELOPMENT PERMIT STANDARD CONDITIONS: Page 2 of 3 Permit No. 5-89-88 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced; the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be -allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Prior to issuance of this coastal development permit, applicants shall demonstrate to the satisfaction of the Executive Director their authority to provide the parking as required in this permit. such demonstration may consist, among other things, of: A. An amendment to the above —cited lease, or documentation executed by all parties thereto, paragraph 45 and provides that applicants shall available onsite for their exclusive use during restaurant's hours of operation. These spaces offsite spaces contemplated by the permit; or other supplemental which clarifies or modifies have 32 parking spaces the applicants' proposed shall be in addition to the 20 2071C ., l I 0 ANDREWS RESTAURANT, &__OFFICE -BUILDING! NEWPORT� BEACH`CALIFORNIA; a development by LL _SPRUCE G OVEN tNC r - -- - 2900"ADAMS ST RIVERSIDE _.CALIFORNIA 92504_(7-14);354-5296 ■ ■ z l I ztt DWS RESTAURANT & OFFICE BUILDING NEWPORT. BEACH, CALIFORNIA i a development by: SPRUCE 3 INC. 2900 ADAMS ST. RIVERSIDE, CALIFORNIA 92504 (714) 354-5296 SIPic T -l.d� h-------- - - -rofA4,,, % (�) 511.0t5 SF ...- ,tt 4-9-5 + 3S ---3 4--53 ; b-4- o . �8 ✓ ( = -' ter-'f,, "I tt �- i