Loading...
HomeMy WebLinkAbout222 21ST STREETIIIIIIA IIII III IIIII IINIII IIIII IIIIII IIII III*NEW FILE* 222 21 St STREET 04 June 6, 1979 TO: FROM: SUBJECT: LOCATION: ZONE: APPLICANT: OWNER: Request 0 0 City Council Meeting June 11, 1979 Agenda Item No. F-4 CITY OF NEWPORT BEACH City Council Department of Community Development Commercial In -Lieu Parking (Appeal) City Council review and appeal from the decision of the Planning Commission on May 10, 1979, denying a request to provide required parking in the McFad- den Square Municipal Parking Lot in -lieu of provid- ing required parking on site in conjunction with the remodeling of the existing Harbor Glass Build- ing into a two-story office building. Lots 16 and 17, Block 220, Section A, Newport Beach, located at 222 - 21st Street, on the easterly side of 21st Street, northerly of West Balboa Boulevard, adjacent to McFadden Square. C-2 Tom Moon, Newport Beach Betty J. Stanley, Costa Mesa This is a request to provide required off-street parking in the McFadden Square Municipal Parking Lot in -lieu of providing required parking on site. Regulations pertaining to Commercial In -Lieu Park- ing Fees are set forth under Section 12.44.125 of the Municipal Code and are as follows: 12.44.125 Commercial In -Lieu Parking Fees. -A. PERMIT REQUIRED. In lieu of provinding the required off-street parking on site pursuant to Section 20.30.030 of the Newport Beach Municipal Code, a commercial business may provide all or a portion of its required commercial off- street parking in a municipal fee -owned lot by paying an annual fee of One Hundred Fifty Dollars ($150) per parking space. Said municipal parking lot must be so located with- in reasonable proimity to the commercial business as to be useful to said business. 0 TO: City Council - 2. B. EXISTING USES. The requirements set forth in Subsection A above shall not apply to those business estab- lishments already in existence on the effective date of this ordinance; said businesses may be continued or changed to a use of the same or a more restricted nature without compliance with said requirements, provided that said use or building is not enlarged or extended to occupy a greater area than that occupied by such building or use on the effective date of this ordinance; and further provided that said businesses shall continue to be subject to the parking requirements under which they were established; and shall continue to pay the parking fees as required pursuant to Section 12.44.120 of the Newport Beach Municipal Code, where such fees are applicable. Suggested Action If desired, sustain, modify or overrule the decision of the Planning Commission. Planning Commission Recommendation At its meeting of May 10, 1979, the Planning Commission voted (5 Ayes) 1 No, 1 Absent) to uphold the decision of the Community Development Director and to deny the applicant's request to purchase parking permits in McFadden Square in lieu of providing the required parking on site in connection with the proposed redevelopment of the site at 222 - 21st Street. A copy of the Planning Commission minutes is attached. Background The applicant proposes to purchase the Harbor Glass Building located at 222 - 21st Street and remodel it into a two-story office building. Inasmuch as the building is nonconforming in that it does not pro- vide any on -site parking for the existing light industrial uses on the site, it is subject to Section 20.30.030(B) of the Municipal Code as set forth below: 20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR COMMERCIAL USES. A. REQUIRED PARKING. Off-street parking in accord- ance with the requirements of Section 20.30.035 entitled "H" Combining District, shall be required of all property in all commercial zoning districts which has not previously been included within a "Z" or "H" Combining District. All properties in Commercial Districts which do not meet the requirements of this Section shall be classified as non- conforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.83 entitled "NONCONFORMING STRUCTURES AND USES" shall 0 0 TO: City Council - 3. not be applicable to structures and uses which are non- conforming only because they do not comply with the parking requirements. set forth in Subsection A above, but instead the following regulations shall be control- ling: (1) EXISTING USES AND STRUCTURES. The lawful use of land or buildings or both in commercial zoning districts which do not meet the parking require- ments set forth in Subsection A above, which use was in existence on the effective date of this Section, may be continued or changed to a use requiring the same or less on -site parking with- out compliance with said requirements. (2) REMODELING, REPAIRS OR ALTERATIONS. Any noncon- forming building may be repaired, altered or remodeled without complying with the parking requirements set forth in•Subsection A of this Section. (3) ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10%) of its original gross area in any one-year period, the property on which it is located shall be made to comply with the parking requirements of Sub- section A of this Section, unless a waiver or reduction of said requirement is authorized by use permit. When the enlargement of an existing building or use constitutes less than ten percent (10%) of its original gross area, the required parking shall be based only upon the added gross area. (4) RESTORATION OF DAMAGED OR DESTROYED BUILDING. A nonconforming building wholly or partially damaged or destroyed by fire, explosion, earth- quake, act of God, or other act beyond the control of the owner or person in possession may be restored without the necessity of complying with the require- ments of Section 20.30.030, provided that all of the following conditions are met: a. The restoration work is commenced within twelve months after the damage or des.truc= tion occurs; b. The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and c. The use of the building is not changed to.a use which requires more parking than the original use as it existed prior to the damage or destruction. 0 TO: City Council - 4. Section 20.30,030(B)(1) as set forth above provides that the use of an existing building may be continued or changed to a use requiring the same or less on -site parking without compliance with the park- ing requirements. In this case the applicant is proposing to convert the use of the building from light industrial uses to an office use and thereby increase the parking nonconformity from ten spaces to twenty-six spaces. In order to provide the required parking, the applicant is proposing to purchase twenty-six permits which would allow his employees and business invitees to use the metered parking spaces in McFadden Square. This is not a proposal that would normally come before the Planning Commission or the City Council, However, because of the question of the distance involved between the building and the munici- pal lot and the concerns the Planning Commission and City Council have expressed regarding the City `s in -lieu parking program, the staff referred the matter to the Planning Commission for its original determination. Analysis The staff has field -measured the walking distance from the southwest corner of the subject property to the closest corner of the inter- section at McFadden Place and Newport and Balboa Boulevards. This distance was determined to be 367 feet. From that point it was an additional fifty feet to the blue (recreation) metered parking spaces in the Municipal Lot, where the Permit Parking would be allowed. Therefore, the shortest walking distance between the site and the Municipal Lot is 417 feet. By comparison,, the longest distance that the staff could find where the Commission has previously ap- proved the use of in-li-eu parking, was 330 feet. This is the distance between the Chinese restaurant across the street from Diilman's Restaurant to the municipal parking lot between Main and "A" Streets in Balboa. If the City Council finds that the municipal parking lot in McFadden Square is so located to be within reasonable proximity to the pro- posed business as to be useful to said business, then the request should be approved. If the City Council cannot make this finding, the request should be denied and the Planning Commission sustained. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director .� e by _�J� S D. E ss tant Director -Planning JDH/kk Attachments to City Council Only: 11 Vicinity Map 2 Letter to Mayor and City Council 3) Planning Commission Staff Report 4) Planning Commission Minutes 14 n..�1 . .' RJ� , • I '"•1' p� 13 0 ,Q .p I t t DR GLASS ILDING ON u.•J. qq Q n • i • v y� O Cj• t• '�S• lJy' R• Il. S A y ® d A • 1 10 aay �``Y+,y,; SE „ w:••-t. ;• n. aJ.,. 'aJa �� � • M � lJ f. "f.B•• t o rr G OO ws 1.' �� .•ir rB�E CM 3 gEAGM a - N t�+e aw aN .aa ar, uq ur VO J.• 1 JI•t _`. �ypyr 7 OMM R �� ' .00 IOOb•1 • � � • t 0 . 4 r' May 18, 1979 Mayor of City of Newport Beach City Council 3300 Newport Blvd. Newport Beach, California 92663 RE: Harbor Glass Building Commercial in -Lieu Parking Lots 16, 17, Block 220 Honorable Mayor and Members of the City Council: This letter is intended to appeal the ruling made by the Planning Commission an May 10, 1979, Agenda Item No. 3• The ruling made was, we feel, not in the best interest of the city and was unjustified. This is not a matter to be decided by the Planning Commission. It is a matter of law. Section 20.30,030, of the Newport Beach Municipal Code states that: "A commercial business may provide all or a portion of its required commercial off-street parking In a municipal fee -owned lot by paying an annual fee." The matter of "reasonable proximity" is really the only issue. Several members of the commission commented on this point and felt our relationship between parking and business to be reasonable. The commission seemed to base its denial on whether the building can be improved to aesthetically achieve a significant impact on the community. One councilman pointed out that Tom Moon's office, in a nearby building, of a similar vintage now restored, was not doing work in Newport Beach and could move to Santa Ana or to Tustin. This is, I believe, far removed from the issue. We contend that during the hours of operation, 8:00 AM to 5:00 PM, only on week days, that the intended parking location at McFadden Square is available for the required 26 cars. The alternative is far less beneficial to the city and therefore respectfully appeal the decision made by the Planning Commission. Dote� Sin erely, OP{E$SEHi10: �] Mayor `►..... Q Mnnarcr Tom Moon A:toenay P W DifoaOr TOM/bem E. tton.DN Dinct6r, Encl. t3 other 10 ,IE) coundlmen TOM MOON A ASSOCIATES / ARCHITECTS. PLANNERS - 7: It NEWPORT UDULEVAND I NEWPORT REACH. CALIFORNIA 92663 / TELEPHONE 1741 673.0691 0 • 7 May 4, 1979 TO: FROM: SUBJECT: Planning Commission Meeting May 10, 1979 Agenda Item No CITY OF NEWPORT BEACH Planning Commission Department of Community Development Commercial In -Lieu Parking (Discussion) Request to provide required_parking i•n the McFad- den Square Municipal Parking Lot in -lieu, of pro- viding required parking onsite in con•j,u:nc•tion with`, , the remodeling of the existing Harbor Glass Build- . ing into a two-story office building. LOCATION: Lots 16 and 17, Block 220, Section A, Newport Beach, located at 222 21st Street, on the easterly side of 21st-Street, northerly of West Balboa B'oule.- vard, adjacent to McFadden Square. ZONE. C-2 APPLICANT: Tom Moon,, Newport Beach OWNER: Betty J. Stanley, Costa Mesa Request This is a request to provide required off-street parking in the McFadden Square Municipal Parking Lot in -lieu of providing required parking on -site. Regulations pertaining to Commercial In -Lieu Parking Fees are set forth under Section 12.44.125 of the Municipal Code and are as follows: 12.44.125 Commercial in Lieu Parking Fees. A. PERMIT RE- QUIRED. In lieu of providing the required off-street park- ing on -site pursuant to Section 20.30.030 of the Newport Beach Municipal Code, a commercial business may provide all or a portion of its required commercial off-street parking . in a municipal ,fee -owned lot by paying an annual fee of One Hundred Fifty Dollars ($150) per parking space. Said muni- cipal parking lot must be so located within reasonable prox- imity to the commercial business as to be usefu-1 to said business. B. EXISTING USES. The requirements set forth in sub- section A above shall not apply to those business establish- ments already in existence on the effective date of this ordinance; said businesses may be continued or changed to a use of the same or a more restricted nature without com- pliance with said requirements, provided that said use or building is not enlarged.or extended to occupy a greater ;n: Planning Commission - 2 ,area than that occupied by such building or use on the Effective date of this ordinance; and further provided that said businesses shall continue to be subject to the parking requirements under which they were established; and shall continue to pay the parking fees as required pursuant to Section 12.44.120 of the Newport Beach Muni- cipal Code, where such fees are applicable. Qackground The applicant proposes to purchase the Harbor Glass Building located at 222 21st St., and remodel it into a two-story office building. Inasmuch as the building is nonconforming in that it does not provide any on -site parking for the existing light in- dustrial uses on the site it is subject to Section 20.30.030 (8) of the Municipal Code as set forth below: 20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR COM- MERCIAL USES. A. REQUIRED PARKING. Off-street parking in ac- cordance with the requirements of Section 20.30.035 entitled "H" Combining District shall be required of all property in all commercial zoning districts which has not previously been included within a "Z" or "H" Combining District. All properties in Com- mercial Districts which do not meet the requirements of this Sec- tion shall be classified as nonconforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.83 en- titled "NONCONFORMING STRUCTURES AND USES" shall not be applicable to structures and uses which are nonconforming only because they do not comply with the parking requirements set forth in Sub- section A above, but instead the following regulations shall be controlling: (1) EXISTING USES AND STRUCTURES. The lawful use of land or buildings or both in commercial zoning dis- tricts which do not meet the parking requirements set forth in Subsection A above, which use was in existence on the effective date of this Section, may be continued or changed to a use requiring the same or less on -site parking without compliance with said requirements. (2) REMODELING, REPAIRS OR ALTERATIONS. Any noncon- forming building may be repaired, altered or remodeled without complying with the parking requirements set forth in Subsection A of this Section. (3) ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10%) of its original gross area in any one-year period, the pro- perty on which it is located shall be made to comply with the parking requirements of Subsection A of this Section, unless a waiver or reduction of said require- ment is authorized by use permit. When the enlargement I TO: Planning Commission - 3 of an existing building or use constitutes less than ten percent (10%) of its original gross area, the required parking shall be based only upon the added gross area. (4) RESTORATION OF DAMAGED OR DESTROYED BUILDING. A nonconforming building wholly or partially damaged or destroyed by fire, explosion, earthquake, act of God, or other act beyond the control of the owner or person in possession may be restored without the neces- sity of complying with the requirements of Section 20.30.030, provided that all of the following con- ditions are met: a. The restoration work is commenced within twelve months after the.damage or destruction occurs; b. The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and c. The use of the building is not changed -to a use which requires more parking than the original use as it existed prior to the damage or destruc- tion. Section 20.30.030 (B) (1) as set forth above provides that the' use of an existing building may be continued or changed to a use requiring the same or less on -site parking without compliance with the parking requirements. In this case, the applicant is pro- posing to convert the use of the building from light industrial uses to an office use and thereby increase the parking nonconfor- mity from 10 spaces to 26 spaces. In order to provide the required parking, the applicant is pro- posing to purchase 26 permits which would allow his employees and business invitees to use the metered parking spaces in McFadden Square. This is not a proposal that would normally come before the Planning Commission. However, because of the question of the distance involved between the building and the municipal lot and the concerns the Commission has expressed regarding the City's in -lieu parking program, the staff has referred the matter to the Planning Commission for its original determination. Anjjysis The staff has field measured the walking distance from the south west corner of the subject property to the closest corner of the intersection at McFadden --Place and Newport and Balboa Boulevards. This distance was determined to be 367 feet. From that point, it was an additional 50 feet to the blue (recreation) metered parking spaces in the Municipal Lot where the Permit Parking would be al. - • TO: Planning Commission - 4 lowed. Therefore, the shortest walking distance between the site and the Municipal Lot is 417 feet. By comparison, the longest distance that the staff could find where the Commission has pre- viously approved the use of in -lieu parking was 330 feet. This is the distance between the Chinese restaurant across the street from Dillman's restaurant to the municipal parking lot between Main and "A" Streets in Balboa. Suggested Action If the Commission finds that the municipal parking lot in McFad- den Square is so located to be within reasonable proximity to the proposed business as to be useful to said business, the request may be approved. If the Commission cannot make this finding, the request should be denied. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. H00AN, DIRECTOR By I _ a es Q c cer { As istant Director -Planning JDH/gg Attachments: Request from Applicant Vicinity Map • AA �U�� • 017A. Mr. Richard Hogan April 16, '1979 Director, Community Development Department City of Newport Beach 3300 Newport Buolevard, Newport Beach, California, 92663 Re: Harbor Glass Building 222-224 21st St., Newport Beach Dear Sir: We are proposing to upgrade and enhance the Harbor Glass property to become a credit to the community, to bring the building t6 the highest and best use which is in our opinion an office rather than industrial use. We feel that the type of tenant which we will attract will greatly benefit the city from increased tax revenue from property and sales taxes. As you will note from the enclosed drawing, McFadden Square, in lieu parking area is within the 350 feet that we understand the City of Newport Beach recognizes.as being within a "reasonable distance." In addition, we found at 9:30 AM, April 16, 1979, that there were 45 vacant parking spaces available in that parking area which would indicate more than ample space than the 26 spaces required for the Harbor Glass property. We are looking forward to your positive response in the near future so that we may proceed. Thank yoouu,,`- 14?14 &11--� Thomas B. Moon cc: Dennis O'Neil TOM MOON & ASSOCIATES / ARCHITECTS, PLANNERS / 2234 NEWPORT BOULEVARD / NEWPORT BEACH, CALIFORNIA 92663 / TELEPHONE 1714) 673.0641 J • : R7R;1lJ/2, N.Et/4, SEC�33, T.6S, R104Y j STREET •�._.. .- •�-•�Z�Y t- r/+'f�� rf�' O O ' �• _!tom ' rr•• _ �a..•fy; 4Ttp� s 9 t -� ;- - d t.•h 1tfaR U?R01:-lJyd11WAAPanQtThtaTldsEyto,�� ..•,�iC/J /9j6 • R AL . J-� � . J'••� r. -5r' h.. . - •: + .. �, RFC4. •7E.Ifb4T••DF.gpy�,.� At A14 - S S[OIC/tI a1 r i' r r tr jt�� �t/. / ASJFSSOI!'S MAP - Now � %.L , �< � sit. � �' •.,+ / •�• ,.t .' '+ .. All i �-•+` p� 13 0 \ 1)^ 4 IA pf O N, ar 0• n) O) } NY O G) la ; N /u A, o ) w AN N 00® g r•. 1 1•pVNT = OCEAN i BOR GLI9SS UILDING REqutST FOP, IMLIE+(J PARK1MG- oMMISSIONERS ��� 4r� s��oo�+y'•� 'II. 0 MINUTES City of Newport Beach DRAFT May 10, 1979 kOLL Ayes x Absent x x x x x Commissioner Frederickson stated his support of th mo the parking situation. Motion was then voted on, ON CARRIED. Request to provide required parking in the McFadde Square Municipal Parking Lot in -lieu of providing required parking onsite in conjunction with the re modeling of the existing Harbor Glass Building int a two-story office building. Location: Lots 16 and 17, Block 220, Section Newport Beach, located at 222 21st Street, on the easterly side of 21s Street, northerly of West Balboa Boulevard, adjacent to McFadden Square. Zone: C-2 Applicant: Tom Moon, Newport Beach Owner: Betty J. Stanley, Costa Mesa Tom Moon, Architect, relayed to the Planning Comm sion their intention to provide blue -meter parkin In McFadden Square in -lieu of onsite parking and state the indication of the Spaghetti Factory to allow them to use a small number of their parking spaces. In response to a question from Commissioner Haidi ger would be illint purchase thenadjated centthat lot toey provide additional parking. Richard Hogan, Community Development Director, st ted that in this instance, the issue is the dista of the proposed parking lot from the related use. Commissioner Beek stated his observation that the proposed parking is on the other side of Newport Boulevard, providing a psychological barrier and that he was in support of the decision of the Cop munity Development Director. In response to a question from Commissioner Fredl ickson, Mr. Hogan stated that the adjacent propel .4. INDIX COMMER- LTFQ'_ _- 1sWI NG DENIED is I o n- a a- ty • • MINUTES ;OMMISSIONERS City of Newport Beach May 10, 1979 ROLL CALL would provide an additional 8 parking spaces. Dick Kent, Architect, 501 31st St., then expressed his support of this project and his feeling that the proposed parking would encourage a walking scal . Motion x Motion was made to uphold the decision of the Com- munity Development Director and not allow the Com- mercial In -Lieu Parking request at 222 21st Street. Ayes Noes Motion All Ayes Commissioner Haidinger expressed his support of the motion, with his concern in mind of the deficiency. of 26 parking spaces in the proposed project. Commissioner Beek expressed his support of in -lieu fees. .Commissioner Frederickson then stated his opposi- tion to the motion. x x Motion was then voted on, which MOTION CARRIED. x x INDEX Request to consider an amendment to the adopted De- Item N4 velopment Plan for the Newport Place Planned Com- munity, so as to reduce the allowable development AMEND - to be consistent with the Phasing Plan approved,by MTfr—NU, the City Council. InTOLU- Initiated By: City of Newport Beach *L'ommissioner Balalis arrived at 8:30 P.M. The Pub Hearing was opened regarding this item and there ng no one desiring to appear and be heard, the Pu is Hearing for this item was closed. Motion was made to rove the Negative Declaration, and adopt Resolution 1035 recommending to the City Council that the Ne rt Place Planned Commun- ity Development Plan be ame ed to reduce allowable development by 86,119 sq. ft. Office Sites 1 and tentnwith,000 the approvedon Industri deve10pment Sisingte Apiannsis -5- COUNCILMEN MINUTES T N c�� N �u'� OLL CALL June it 1979 PLANNING COMMISSION AesMotion Noes x x x x x x The appointment of the second candidate for the Planning Commission (Allan x Beek_or Judy Cooper) was designated as a three- _ E - Y�aC erm. Green x x x x x Red x The Mayor assigned the green light to Debra Allen and the red light to William Morris, and Debra Allen appointed. -- Green x x x x x x Red x The or assigned the green light to Allan Beek and the r light to Judy Cooper, and Allan Beek was ap ointe . Green Red x x x x x x x The Mayor assigned t reen light to David Shores and the red light to Ha omas, and Hal Thomas was appointed. 3• A report was presented from Wayn chwammel, Secretary to the Civil Service Board, ' sub ing the recommendations of the Board for the vaca the Board. • on Motion x All Ayes The names of Newton Ruston, Alexander Bowie and Edwin Ramsey submitted by the Civil Service Board were received by Council for consideration for appointment of a member to the Board on June 25, 1979. A report was presented from the Community Devel- opment Department regarding the request of Thomas B. Moon dated May 18, 1979 for Counrii tion raAl"&6oi m conjunc- with the remodeling of the existing Harbor Glass Building into a two-story office building located at 222 - 21st Street, on the easterly side of 21st Street, northerly of West Balboa Boulevard, zoned C-2. Tom Moon and his partner Leonard Levy addressed the Council. Motion x Ma or Ayes x x Y Ryckoff made a motion to overrule the Noes x x decision of the Planning Commission, welch_ x x failed to�arrx,,OtL 0 wKKENT BUSINESS: Civil Service Board (357F) In -lieu Parking (1353) A report was presented from the Public Works Coast Hwy Department regarding street improvements on the St Impry southerly side of East Coast Highway between Jamboree/ Jamboree Road and Avocado Avenue, Contract No. Avocado 1990. (3239) Volume 33 - Page 164 COAAMISSIONERS o t o Z . Z MIND ES *ity of Newport A -ach May 10�G147�,9� . ROLL CALL ram'" INDEX Commft's'ioner Frederickson stated his s7CARRIED. •Mootion due to the parking situation. Ayes x-.- x x x x x Motion was then voted on, which MOTION A b s en-t~ Item11#3 Request to ,provide required parking in the McFadden COMMER- M O I•N Square Municipal Parking Lot in -lieu of providing LIEU( required parking onsite in conjunction with the re- modeling of the existing Harbor Glass Building into P'A_RKING a two-story office building. DENIED Location: Lots 16 and 17, Block 220, Section A Newport.Beach, located at 222 21st Street, on the easterly side of 21st Street, northerly of West Balboa Boulevard, adjacent to McFadden Square. Zone: C-2 Applicant': Tom Moon, Newport Beach Owner: Betty J. Stanley, Costa Mesa Tom Moon, Architect, relayed to the Planning Commis sion their intention to provide blue -meter parking in McFadden Square in -lieu of onsite parking•and to state the indication of the Spaghetti Factory to - allow them to use a small number of their parking spaces. In response to a question from Commissioner Haidin- ger, Mr. Moon stated that they would be willing to purchase the adjacent lot to provide additional parking. Richard Hogan, Community Development Director, sta- ted that in this instance, the issue is the -distant of the proposed parking lot from the related use. Commissioner Beek stated• his observation that the proposed parking is on the other side of Newport Boulevard, providing a psychological barrier and that he was in support of the decision of the Com- munity Development Director. In response to a question from Commissioner Freder- ickson, Mr. Hogan stated that the adjacent property -4- COMMISSIONERS 9�F 9c omm oo T,�m v 3 . 2 �ity ®f Newport Belch May 10, 1979 MINUTES ROLL CALL INDEX would provide an additional 8 parking spaces. Dick Kent, Architect, 501 31st St., then expressed his support of this project and his feeling that the proposed parking would encourage a walking scal . Motion x Motion was made to uphold the decision of the Com- munity Development Director and not allow the Com- mercial In -Lieu Parking request at 222 21st Street. Commissioner Haidinger expressed his support of the motion, with his concern in mind of the deficiency of 26 parking spaces in the proposed project. Commissioner Beek expressed his support of in -lieu fees. Commissioner Frederickson then stated his opposi- tion to the motion. Ayes x x x x x Motion was then voted on, which MOTION CARRIED. Noes x Absent De- Ite4 Request to consider an amendment to the adopted velopment Plan for the Newport Place Planned Com- munity, so as to reduce the allowable development MEND - IMENT to be consistent with the Phasing Plan approved b NO. 530 the City Council. RESOLU- Initiated By: City of Newport Beach _ TION NO. 1035 *Commissioner Balalis arrivedat-8:30 P.M. APPROVE The Public Hearing was ope,-d regarding this item and there being no one desiring to appear and be heard, the Public Heek,`'fng for this item was closed. Motion x Motion was madee,-fi approve the Negative Declaration All Ayes and adopt Resolution No. 1035 recommending to the City CounG41'that the Newport Place Planned Commun- ity Deyelopment Plan be amended to reduce allowable devel-opment by 86,119 sq. ft. on Office Sites 1 and 2,,;:and 20,000 sq. ft. on Industrial Site 3A, consis ,,-4Eent with the approved development phasing plan. * * * -5- 0 May 4, 1979 TO: FROM: SUBJECT: Planning Commission Meeting May 10, 1979 Agenda Item No. CITY OF NEWPORT BEACH Planning Commission Department of Community Development Commercial In -Lieu Parking (Discussion) Request to provide required parking in the McFad- den Square Municipal Parking Lot in -lieu of pro- viding required parking onsite in conjunction with the remodeling of the existing Harbor Glass Build- ing into a two-story office building. LOCATION: Lots 16 and 17, Block 220, Section A, Beach, located at 222 21st Street, on side of 21st Street, northerly of West vard, adjacent to McFadden Square. ZONE: C-2 APPLICANT: Tom Moon, Newport Beach OWNER: Betty J. Stanley, Costa Mesa Request Newport the easterly Balboa Boule- This is a request to provide required off-street parking in the McFadden Square Municipal Parking Lot in-lieu•of providing required parking on -site. Regulations pertaining to Commercial In -Lieu Parking Fees are set forth under Section 12.44.125 of the Municipal Code and are as follows: 12.44.125 Commercial in Lieu Parking Fees. A. PERMIT RE- QUIRED. In lieu of providing the required off-street park- ing on -site pursuant to Section 20.30.030 of the Newport Beach Municipal Code, a commercial business may provide all or a portion of its required commercial off-street parking in a municipal fee -owned lot by paying an annualfee of One Hundred Fifty Dollars ($150) per parking space. Said muni- cipal parking lot must be so located within reasonable prox- imity to the commercial business as to be useful to said business. B. EXISTING USES. The requirements set forth in sub- section A above shall not apply to those business establish- ments already in existence on the effective date of this ordinance; said businesses may be continued or changed to a use of the same or a more restricted nature without com- pliance with said requirements, provided that said use or building is not enlarged or extended to occupy a greater i 0 TO: Planning Commission - 2 area than that occupied by such building or use on the effective date of this ordinance; and further provided that said businesses shall continue to be subject to the parking requirements under which they were established; and shall continue to pay the parking fees as required pursuant to Section 12.44.120 of the Newport Beach Muni- cipal Code, where such fees are applicable. Background The applicant proposes to purchase the Harbor Glass Building located at 222 21st St., and remodel it into a two-story office building. Inasmuch as the building is nonconforming in that it does not provide any on -site parking for the existing light in- dustrial uses on the site it is subject to Section 20.30.030 (B) of the Municipal Code as set forth below: 20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR COM- MERCIAL USES. A. REQUIRED PARKING. Off-street parking in ac- cordance with the requirements of Section 20.30,035 entitled "H" Combining District shall be required of all property in all commercial zoning districts which has not previously been included within a "z" or "H" Combining District. All properties in Com- mercial Districts which do not meet the requirements of this Sec- tion shall be classified as nonconforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.83 en- titled "NONCONFORMING STRUCTURES AND USES" shall not be applicable to structures and uses which are nonconforming only because they do not comply with the parking requirements set forth in Sub- section A above, but instead the following regulations shall be controlling: (1) EXISTING USES AND STRUCTURES. The lawful use of land or buildings or both in commercial zoning dis- tricts which do not meet the parking requirements set forth in Subsection A above, which use was in existence on the effective date of this Section, may be continued or changed to a use requiring the same or less on -site parking without compliance with said requirements. (2) REMODELING, REPAIRS OR ALTERATIONS. Any noncon- forming building may be repaired, altered or remodeled without complying with the parking requirements set forth in Subsection A of this Section. (3) ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10%) of its original gross area in any one-year period, the pro- perty on which it is located shall be made to comply with the parking requirements of Subsection A of this Section, unless a waiver or reduction of said require- ment is authorized by use permit. When the enlargement TO: Planning Commission - 3 of an existing building or use constitutes les's than ten percent (10%) of its original gross area, the required parking shall be based only upon the added gross area. (4) RESTORATION OF DAMAGED OR DESTROYED BUILDING. A nonconforming building wholly or partially damaged or destroyed "by fire, explosion, earthquake, act of God, or other act beyond the control of the owner or person in possession may be restored without the neces- sity of complying with the requirements of Section 20.30.030, provided that all of the following con- ditions are met: a. The restoration work is commenced within twelve months after the damage or destruction occurs; b. The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and C. The use of the building is not changed to a use which requires more parking than the original use as it existed prior to the damage or destruc- tion. Section 20.30.030 (B) (1) as set forth above provides that the use of an existing building may be continued or changed to a use requiring the same or less on -site parking without compliance with the parking requirements. In this case, the applicant is pro- posing to convert the use of the building from light industrial uses to an office use and thereby increase the parking nonconfor- mity from 10 spaces to 26 spaces. In order to provide the required parking, the applicant is pro- posing to purchase 26 permits which would allow his employees and business invitees to use the metered parking spaces in McFadden Square. This is not a proposal that would normally come before the Planning Commission. However, because of the question of the distance involved between the building and the municipal lot and the concerns the Commission has expressed regarding the City's in -lieu parking program, the staff has referred the matter to the Planning Commission for its original determination. Analysis The staff has field measured the walking distance from the south west corner of the subject property to the closest corner of the intersection at McFadden Place and Newport and Balboa Boulevards. This distance was determined to be 367 feet. From that point, it was an additional 50 feet to the blue (recreation) metered parking spaces in the Municipal Lot where the Permit Parking would be al- 0 TO: Planning Commission - 4 lowed. Therefore, the shortest walking distance between the site and the Municipal Lot is 417 feet. By comparison, the longest distance that the staff could find where the Commission has pre- viously approved the use of in -lieu parking was 330 feet. This is the distance between the Chinese restaurant across the street from Dillman's restaurant to the municipal parking lot between Main and "A" Streets in Balboa. Suggested Action If the Commission finds that the municipal parking lot in McFad- den Square is so located to be within reasonable proximity to the proposed business as to be useful to said business, the request may be approved. If the Commission cannot make this finding, the request should be denied. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By I ICJ - a nes . esker As istant Director -Planning JDH/g Attachments: Request from Applicant Vicinity Map • - • Mr. Richard Hogan Director, Community Development Department City of Newport Beach 3300 Newport Buolevard, Newport Beach, California 92663 Re: Harbor Glass Building 222-224 21st St., Newport Beach Dear Sir: April 16, '1979 We are proposing to upgrade and enhance the Harbor Glass property to become a credit to the community, to bring the building to the highest and best use which is in our opinion an office rather than industrial use. We feel that the type of tenant which we will attract will greatly benefit the city from increased tax revenue from property and sales taxes. As you will note from the enclosed draw,ing, McFadden Square, in lieu parking area is within the 350 feet that we understand the City of Newport Beach recognizes as being within a "reasonable distance." In addition, we found at 9:30 AM, April 16, 1979, that there were 45 vacant parking spaces available in that parking area which would indicate more than ample space than the 26 spaces required for the Harbor Glass property. We are looking forward to your positive response in the near future so that we may proceed. Thank you, �� Thomas B. Moon cc: Dennis O'Neil f N,Et/4,fi?/OyY 47-1t NbV£TEEXTy T' - T-Cil • ST c T fT •� ` � it .' �'K i � .I i ill �1 n a yam. • %,Jyy +:. .r°�Q t `•� �i•4 •fit , rsIQ.J 1'�1 L. 1> .• ,•t��. •• ^ V " t t � y'`/9,�^ yr• ✓ - l:i e' •' •• , rug e�,:� . ;.• t Fibs Corripan) npiaFotln! tmativn.0 AltilSNut AP«ttQtTblaT &Evlui, � + v - a.Y:,"X a76 /' r•...', _ �._1 k.. ,• • . . ScG. A, J/f:YR"i4T . • 9:dC// i" : - Np7F' -ASS SOR'S sLocirB t FECORO OF SpRVET ° ' s xs X 21. / _ �ititppERS ASSESSORS MA., ASj'r;' waavciRCCE,s eoox,rTRrr ws COVVrr OF•ORANCE O. rr. •d.• live �+ :RAcT 1.0-U i•u u _ 1 1 I•.A J„ O� '�• ] .EW OR 222 t ARCAOE \ p. 3 •yt° o '}. •� '� pWLE�' THE ..• ]]N �EEYANp LOP . 4p1 Pip � ILJ �_ tZ1. w WN o NE e� i2EgUtST' FoR /N'LIEU PAkk/wG- 0 0 MINUTES City of Newport Beach April 19, 1979 ROLL CALL IN Ilk" The Planning Commission recessed at 9:10 P.M. and reconvened at 9:20 P.M. INDEX Request o establish one building site and elimi- Item #4 nate inte 'or lot lines where three lots and pro- perty baywa of said lots to the U.S. Government RESUB- Bulkhead Line ow -exist so as to permit the exist- DIVISION NO. 626 ing remodeling ,f the multi -family residential WITH - complex on the pr erty. Location: Lots %,,3 and 4, Block 2, Balboa Bay side Trh• t and property bayward of said lots t0 the U.S. Government Bulkhead Li ,•located at 421 East Edgewater Fla e, on the southerly DRAWN side of Edgewa r Place between Cypress Avenue a �d Adams Street on the Balboa Peninsu�l Zones: R-3 and R-4 Applicant: Stephen G. Oppenheim, Hol wood Owner: Method -Art Corporation, Holly`0 od Engineer: Joseph C. Brown, Westlake Village The Planning Commission withdrew Item No. 4, as per the applicant's request. Request to accept an offsite parking agreement for Item #5 the required parking spaces in conjunction with the remodeling of the existing Harbor Glass Building OFFSITE into a two-story office building. �G Location: Lots 16 and 17, Block 220, Section A, Newport Beach, located at 222 21s Street, on the easterly side of 21st Street, northerly�of West Balboa Boulevard, adjaceht to McFadden Square. -13- WITH - U�A�IN 0 MINUTE$ COMMISSIONERS ROIL CALL City Of Newport Beech April 19, 1979 INNX Zone: C-2 Applicant: Tom Moon, Newport Beach Owner: Betty J. Stanley, Costa Mesa The Planning Commission withdrew Item No. 5, as per the applicant's request, inasmuch as he was unable to obtain the necessary long term lease for auto- mobile parking in the Old Spaghetti Factory park- ing lot during daytime hours. Request to amend a previously approved use permit Item #6 that permitted on -sale alocholic beverages in the existing Eli Greene's Saloon restaurant facility USE PER - on the property. The proposal consists of chang- MIT NO. ing the operational characteristics of said resta- Igtl— urant to include live entertainment. TWNDED Location: Lots 3 through 8, Block 431, Lan- APPROVED caster's Addition to Newport Beach, located at 3110 Newport Boulevard, TWLLY on the northeasterly corner of New- port Boulevard and 31st Street in Central Newport. Zone: C-1 L Applicant, Eli Greene's Saloon, Newport Beach Owner, Laster P. Elmore, Newport Beach The Public Hearing was opened regarding this item and Judith A. Kelso, 2914 Cliff Drive, representing the Applicant, appeared bdfore the Planning Commis- sion to state her concurrende with the conditions as set forth in the Staff RepUrt. There being no others desiring to -appear and be .heard, the Public Hearing was closed`,- w. -14- �4 • Planning Commission Mee 09 April 19, 1979 Agenda Item No. 5 CITY OF NEWPORT BEACH April 12, 1979 TO: Planning Commission FROM: Department of Community Development SUBJECT: Offsite Parking Agreeroent­(Discussion) Request t-o accept an offsite parking agreement for the req.uired parking spaces in conjunction with the remodeling of the existing Harbor Glass Building into a two-story office building. LOCATION: Lots 16'and 17,'Block 220, Section A, Newport Beach, located at 222 21st Street, on the easterly side of 21st Street, northerly -of West Balboa Boulevard, adjacent to McFadden Square. ZONE: C-2 APPLICANT: Tom Moon, Newport Beach OWNER: Betty J. Stanley, Costa Mesa Recommendation The applicant has requested that this matter be withdrawn, inasmuch as he was unable to obtain the necessary long term lease for automobile - parking in the Old Spaghetti' Factory parking lot during daytime hours. Staff concurs with the -applicant's request. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR Byqvl-t� . Wi115-am R. Laycock Senior Planner WRL/dlt CI• OF NEWPORT BEACH MEMORANDUM: From OFFICE OF THE CITY MANAGER DICK HOGAN, DIRECTOR TO ......... ...... .GOMMUNZTY....D1<Vu9P.MENT..... ......_.....................May_30.., 19.79.. SUBJECT: CITY COUNCIL CONSENT CALENDAR ITEM H-30 ), DATED 5/29179 The City Council, at their regular meeting on May 29, 1979, referred the attached letter from Thomas B. Moon to the staff for a report back on June 11, 1979. The letter concerns the Planning Commission's decision in connection with commercial in -lieu parking and requests a hearing before the Council. Please prepare the requested report. RLW:GJB:ib Attachment Reply wanted ❑ Reply not necessary p M.N. " May 18, 1979 Mayor of City of Newport Beach City Council 3300 Newport Blvd. Newport Beach, California 92663'; 1 RE: Harbor Glass Building Commercial In -Lieu Parking Lots 16, 17, Block 220 Honorable Mayor and Members of the City Council: This letter is intended to appeal the ruling made by the Planning Commission on May 10, 1979, Agenda Item No. 3• The ruling made was, we feel, not in the best interest of the city and was unjustified. This is not a matter to be decided by the Planning Commission. it is a matter of law. Section 20.30.030, of the Newport Beach Municipal Code states that: "A commercial business may provide all or a portion of its required commercial off-street parking in a municipal fee -owned lot by paying an annual fee." The matter of "reasonable proximity" is really the only issue. Several members of the commission commented on this point and felt our relationship between parking and business to be reasonable. The commission seemed to base its denial on whether the building can be improved to aesthetically achieve a significant impact on the community. One councilman pointed out that Tom Moon's office, in a nearby building, of a similar vintage now restored, was not doing work in Newport Beach and could move to Santa Ana or to Tustin. This is, I believe, far removed from the issue. We contend that during the hours of operation, 8:00 AM to 5:00 PM, only on week days, that the intended parking location at McFadden Square is available for the required 26 cars. The alternative is far less beneficial to the city and therefore respectfully appeal the decision made by the Planning Commission. Date Sin erely, COPIES SUITMayor Manager Tom Moon '-Attorney E] P w Dwectoe, TBM/bem Fr'ComDev r, BIICctO '] Other Encl. 0•-7 10 CoUnclimon TOM MOON & ASSOCIATES / ARCHITECTS, PLANNERS 1 2234 NEWPORT BOULEVARD / NEWPORT BEACH, CALIFORNIA 92663 / TELEPHONE (714) 673.0641 • 0 May 4, 1979 ru: FROM: SUBJECT: Planning Commission Meeting May 10, 1979_ _ Agenda Item No. 3 CITY OF NEWPORT BEACH Planning Commission Department of Community Development Commercial In -Lieu Parking (Discussion) Request to provide required parking in the McFad- den Square Municipal Parking Lot in -lieu of pro- viding required parking onsite in conjunction with the remodeling of the existing Harbor Glass Build- ing into a two-story office building. LOCATION: Lots 16 and 17, Block 220, Section A, Beach, located at 222 21st Street, on side of 21st Street, northerly of West vard, adjacent to McFadden Square. ZONE: C-2 APPLICANT: Tom Moon, Newport Beach OWNER: Betty J. Stanley, Costa Mesa Request Newport the easterly Balboa Boule- This is a request to provide required off-street parking in the McFadden Square Municipal Parking Lot in -lieu of providing required parking on -site. Regulations pertaining to Commerci-al In -Lieu Parking Fees are set forth under Section 12.44.125 of the Municipal Cnde and are as follows: 12.44.125 Commercial in Lieu Parking Fees. A. PERMIT RE- QUIRED. In lieu of providing the required off-street park- ing on -site pursuant to Section 20.30.030 of the Newport Beach Municipal Code, a commercial business may provide all nr a nnrtinn of its_r_enuire commerc a off' -stria Dar na B: EXISTING USES. The requirements set forth in sub- section A above shall not apply to those business establish- ments already in existence on the effective date of this ordinance; said businesses may be continued or changed to a use of the same or a more restricted nature without com- pliance with said requirements, provided that said use or building is not enlarged or extended to occupy a greater z. � h 10: Planning Commission - 2 area than that occupied by such building or use on the effective date of this ordinance; and further provided that said businesses shall continue to be subject to the parking requirements under which they were established; (ind shall continue to pay the parking fees as required pursuant to Section 12.44.120 of the Newport Beach Muni- cipal Code, where such fees are applicable. Background The applicant proposes to purchase the Harbor Glass Building located at 222 21st St., and remodel it into a two-story office building. Inasmuch as the building is nonconforming in that it does not provide any on -site parking for the existing light in- dustrial uses on the site it is subject to Section 20.30.030 (B) of the Municipal Code as set forth below: 20.30.030 AUTOMOBILE STORAGE OR PARKING SPACE FOR COM- MERCIAL USES. A. REQUIRED PARKING. Off-street parking in ac- cordance with the requirements of Section 20.30.035 entitled "H" Combining District shall be required of all property in all commercial zoning districts which has not previously been included within a "Z" or "H" Combining District. All properties in Com- mercial Districts which do not meet the requirements of this Sec- tion shall be classified as nonconforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.83 en-' titled "NONCONFORMING STRUCTURES AND USES" shall not be applicable to structures and uses which are nonconforming only because they do not comply with the parking requirements set forth in Sub- • section A above, but instead the following regulations shall be controlling: (1) EXISTING USES AND STRUCTURES. The lawful use of land or buildings or both in commercial zoning dis- tricts which do not meet the parking requirements set forth in Subsection A above, which use was in existence on the effective date of this Section, may be continued or changed to a use requiring the same or less on -site parking without compliance with said requirements. (2) REMODELI'NG, REPAIRS OR ALTERATIONS. Any noncon- forming building may be repaired, altered or remodeled without complying with the parking requirements set forth in Subsection A of this Section. (3) ENLARGEMENT. Whenever a nonconforming building or use is enlarged by more than ten percent (10%) of its original gross area in any one-year period, the pro- perty on which it is located shall be made to comply with the parking requirements of Subsection A of this Section, unless a waiver or reduction of said require- ment is authorized by use permit. When the enlargement .. y 0 • i,janiinq framnission - 3 of an existing building or use constitutes less than ten ;percent (10") of its original gross area, the required parking shall be based only upon the added gross area. (4) RESTORATION OF DAMAGED OR DESTROYED BUILDING. A nonconforming building wholly or partially damaged or destroyed by fire, explosion, earthquake, act of God, or other act beyond the control of the owner or person in possession may be restored without the neces- sity of complying with the requirements of Section 20,30.030, provided that all of the following con- ditions are met: a. The restoration work is commenced within twelve months after the damage or destruction occurs; b. The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and c. The use of the building is not changed to a use which requires more parking than the original use as it existed prior to the damage or destruc- tion. Section 20.30.030 (B) (1) as set forth above provides that the use of an existing building may be continued or changed to a use requiring the same or less, on -site parking without compliance with the parking requirements. In this case, the applicant is pro- posing to convert the use of the building from light industrial uses to an office use and thereby increase the parking nonconfor- mity from 10 spaces to 26 spaces. In order to provide the required parking, the applicant is pro- posing to purchase 26 permits which would allow his employees and business invitees to use the metered parking spaces in McFadden Square. This is not a proposal that would normally come before the planning Commission. However, because of the question of the distance involved between the building and the municipal lot and the concerns the Commission has expressed regarding the City's in -lieu parking program, the staff has referred the matter to the Planning Commission for its original determination. Analysis The staff has field measured the walking distance from the south west corner of the subject property to the closest corner of the intersection at McFadden Place and Newport and Balboa Boulevards. This distance was deterinined to be 367 feet. From that point, it was an additional 50 feet to the blue (recreation) metered parking spaces in the Municipal Lot where the Permit Parking would be al- h ;O: Planning Commission - 4 lowed. Therefore, the shortest walking distance between the site and Lhe Municipal Lot is 417 feet.' By comparison, the longest distance that the staff could find where the Commission has pre- viously approved the use of in -lieu parking was 330 feet. This is the distance between the Chinese restaurant across the street from Dillman's restaurant to the municipal parking lot between Main and "A" Streets in Balboa. Suggested Action If the Commission finds that the municipal parking lot in McFad- den Square is so located to be within reasonable proximity to the proposed business as to be useful to said business, the request may be approved. If the Commission cannot make this finding, the request should be denied. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By I �RA� a es D. He icker As istant Director -Planning JDH/gJ Attachments: Request from Applicant vicinity Map ' i 4 Mr. Richard Hogan April 16. 1979 Director, Community Development Department City of Newport Beach 3300 Newport Suolevard, Newport Beach, California 92663 Re: Harbor Glass Building 222-224 21st St., Newport Beach Dear Sir: We are proposing to upgrade and enhance the Harbor Glass property to become a credit to the community, to bring the building to the highest and best use which is in our opinion an office rather than industrial use. We feel that the type of tenant which we will attract will greatly benefit the city from increased tax revenue from property and sales taxes. As you will note from the enclosed drawing, McFadden Square, in lieu parking area is within the 350 feet that we understand the City of Newport Beach recognizes as being within a "reasonable distance." 1n addition, we found at 900 AM, April 160 1979, that there were 45 vacant parking spaces available in that parking area which would indicate more than ample space than the 26 spaces required for the Harbor Glass property. We are looking forward to your positive response in the near future so that we may proceed. Thank youu'f,,,, -- 4�/ &,. Thomas B. Moon cc: Dennis O'Neil 0&1 MOON A A550CIATES / ARCHITECTS, PLANNERS 1 2234 NEWPORT BOULEVARD I NEWPORT REACH, CALIPORNIA 4)2r$3 I TELEPHONE 17141 t72.OEA �b• r a RJR rYt N.E//4, •�033, T.6S., R/OGY. y 18 • STREET .�.►_ Jmt T.CJJ4 r % ! 0 ' -' `ice ' •'�•, � . • '� � �� '++. / '' •a �. V �' f r� •, cif "`�T• .. , ,1 + 05.. 6.• •• //� " , rug tu' .;.:'' . 1 ills)C3 otlipan) `'a • ap is Far tal rMautin Or l Ahd lb Not A Pact Of This Milt, E, m� , ' + • :.• .. ��. � •..' -: :. : • • rp�•r - r.. off' ' ; , ' r - • F :�J. Oi- ; ' ... tit, ' • '`," .. 5-37 'SEG.A '_• q!••,BI.Gy, ir•• .• AS5 SOR'SBCOCKB �'t r-�'j••=r' ` //1�" • • : RE[ORO OF SURVEY �' •' ` `••��„�• •�� Y! ' + '•, :••. t • /.� . - ASSESSORS MAp _ �•:;.'.: - , ;�; l •' •�^•• . ��s.� M'N ! BOOK 47 RQG£/G •' tr. •7.:.,.••a,•s1;:^.S,- i. J :.�`g^//)/• N f••lRCLE$ - .. ••couNTr•OF•ORANOE Q • '�,7yJ 130 • O y ,y� CrJ iM' lAtlW� j °CLAM � y �•w h i 1 �•{ M ICt p y „ 1) f � r H. Q�Quesr Fok I/AWEt) PAR KlNfa- ' •CITY OF NEWPORT BEACH! DEPAMMENT OF COtY{UilITY DEVELOPr:ENT PLAN REVIEW REQUEST Da to March 30, 1979 VADVANCE PLANNING DIVISION HPLAt15 ATTACHED (PLEASE RETURt •[PUBLIC WORKS DEPARTMENT • MRAFFIC ENGINEER QPLANS .ON FILE IN ZONING AND &FIRE DEPARTMENT ORDINANCE ADMINISTP,ATIOtt &LAN P,EVIEW DIVISION DIVISION RIIP/i3RKS & RECREATION OLICE IIEPART19ENT ❑ MARINE SAFETY [GENERAL SERVICES APPLICATION OF Harbor Glass Building FOR A [QVAP,IANCE []USE PERMIT ' J]RESUBDIVISION QJ tTX)MxP Offsite' Parking Agreement' ON A REQUEST TO accept an offsite parking'agreement-for the required parking spaces in -conjunction with the remodeling of the existing.Harbor G1ass.Bui,lding.i.nto a two= story•office "liui`lding. ON LOT BLOCK ------------- I ADDRESS REPORT REQUESTED BY 4/5/79 COt4141SSION REVIEW 4/19/79 COMMENTS Beach TRACT U11ATURE DATE OF NES%PO°T 6EAC:1 i} DEPARTi•i i, 0: CC.„NsUiiITY C.. LO'..ut PLAN P,EV I E11 REQUEST i Date March 30, 1979 /�to,,A?JCE PLANNING DIVISION. JaPLAtIS ATTACHED (PLEASE P.ETUai O.PUBLIC WORKS DEPARTMENT ❑TRAFFIC ENGINEER QPLAMS ON FILE IN ZONING AN j]FIP,E DEPAR—MENT ORDINANCE ADi 1HISTP,ATIOi> OPL Ai•i PEVIEi•i DIVISION DIVISION IIPAP.KS E RECREATION OPOLICE DEPARTMENT QNAP,INE SAFETY GENERAL SERVICES PLICATION OF Harbor Glass Building R A [[VARIANCE MUSE PERMIT ' QRESUBDIVISI0�1 j]TmX'XjXAP Offsite Parking Agreement _ I A REQUEST TO accept an offsite parking agreement -for the requiretl. parking' spaces in conjunction with the'remodelirig of the existing.Harbor Glass •B,Li,lding .into a two- story•office building. 1 LOT BLOCK TRACT ' DRESS 222 21st Street, Newport Beach EPO'RT REQUESTED BY 4/5/79 MISSION REVIEW 4/19/79 n ONMENTS -Ca. P a.. .�.%St• SI 1 I ir jr r • ` 5IGNATUPE DATE CITY OF NE411PORT 6EAC:! DEPAtMVYIE !T OF COINNURIT'! DEVELD�f;cifT PLAN P,EVIEU REQUEST! Da to March 30, 1979 1-JA ]ANCE PLANNIOG DIVISION PLAtiS ATTACHED (PLEASEPETUP Q: U5LIC ilOfiKS DE PAP.Tiir ❑TRAFFIC ENGINEER DFIP,E DEPARTMENT QoLANS ON FILE III ZONING AND � '. Dr-�PLAN REVIEW DIVISION OP,DINANCE ADMINISTRATIO4 DIVISION UPAP.KS E P•ECREATI'Oi1 DPOL•ICE DEPAP,TPIENT ❑MARINE SAFETY DGENEP.AL SERVICES APPLiCATIOPJ OF Harbor Glass Building FOR A QVAP,IANCE • • [jUSE PERMIT_ • • []RE l( ��'��' ���� Offsite' Parking Agreement' Oii A REQUEST TO accept an offsite parking agreement. for the required parking spaces in conjunction with the remodeling of the existing.Harbor Glass Building nt to a two- story•office -bbi'lding. ON LOT BLOCK ,. _ TRACT / ADDRESS 222 21 st Street, Newport Beach REPORT REQUESTED BY 4/5/79 \(\E cP 6 C01iT3I55TON REVIEW4/19/79 7 CO CODNIENTS —=o �o./Di io.✓J. oe _ _ ' .I: T,!/•.!/T,>y,C�E rxic-t�i,ri�•• nn�/.ccGL�,OY eO��O.dC.!/dn/ 9�:r7' i-T/1Fr-T�' _ LS'r' CLo ris/J ' �Q.cv» ��• � �2 �. •s �F.t' � �" %L� � T.c% Fi vi�-.y .<1 i.>�., n . , . SICNATORE -C - DATE CITY OF NEtdPO'T BEACH c„ DcFPA,".'?', _i T 0 CCr;r1UIlIT'! Dc':ELQY,:Er(T PLAN P.EVIEU REQUEST Date March 30, 1979 LIADVANCE PLAW11rlG DIVISIOP! (OPLANS ATTACHED (PLEASE P,ETU I DP SLIC t.10F:KS DEPARTMENT } RAF FIC ENGIiIEEP, QDLANS ON FILE III ZONING AND OFIP•"c DEPARTMENT ORDINANCE ADNINISTP,ATIWr OPLAr! REVIEW DIVISION DIVISION LTPAP.KS E RECP,EATION ❑POLICE DEPARTMENT ❑r•1AP,INE SAFETY 0GEPIERAL SERVICES APPLICATION OF Harbor Glass Building { FOP A EIVAP,IANCE []USE PERNIT ' ! Q?ESUSDIVISIOPI flim9T AP Offsite• Parking Agreement, ON A REQUEST 'To accept an offsite parking agreement -for the required parking• spaces in conjunction with the remodeling of the existing.Harbdr Glass Building into a two- story,office •bui`lding. ON LOT ADDRESS 229 91 zf gfroof REPORT REQUESTED BY CP.4r1I5SION REVIE14 COMMENTS BLOCK Newport Beach 4/5/79 4/19/79 TRACT SIGNAYuRE DATE &CITY OF iic:-;PO:?T SEAC�! • DEPAR"rr!E lT OF C0111r!UNITY DEVEAPENT PLAN P,EVIEU REQUEST w J" Da to March 30, 1979 j UADVANCE PLANNING DIVISIO�l UPLANS ATTACHED (PLEA SE P,ETU '[[PUBLIC i•IO;:KS DEPARTMENT aAFFIC ENGINEER QDLAHS ON FILE IN ZONING AND FIP,E DEPART?4EN7 ORDINANCE ADi3Ii1I5`lP,ATIOiI [_[PLAN P,E:'IE14 DIVISION DIVISION OPARKS & RECREATI'O?l []POLICE DEPARTMENT ❑r•)AP,INE SAFETY DGENEAAL SERVICES APPLICATIOPI OF Harbor Glass.Buildi.ng FOR A ([VARIANCE ]USE PERMIT ' DRI SUBDIVISI ON 111M�TX44AP Offsite' Parking Agreement' ON A REQUEST TO accept an offsite parking agreement -.for the required parking -spaces ' In conjunction with the remodeling of the existing.Harbor Glass.Bui.lding into a two- story,office •b6f1ding. ON LOT .. . BLOCK TRACT ADDRESS 222 '21st Street, Newport Beach REPORT REQUESTED BY' 4/5/79 ^ CONNISSION REVIEW 19/79 ' ' COr•1NENTS �. C'o..+sr(aCTlo,s 5,W) Meer n' 4e Re uirremenvts dt 4e �ivltoitn, 13tu111'" • Coje - 1g7e E'Jit"ov l-fRc 0'^^c 42 2 I-tRsr �IubrC M/l kA-e l.K1r (ro Dle +s 9R�' �uuna iu (� R n Roo , SeCTIVN ' 3302 le) (W . • Seek � 1 I vor+ becnt, s e bccu raN� � u� � exeeeSs 10 will r?125uaie' /F MrNtmHM oc 2 Se ARI3re E'xfrs 3302 6), 14• ��^+ S�N�I meer Re !.uRemeivt's G LAr3G 330g. slGr Aunr DATE r;0 CIT7 OF NE:•1PORT SEACc! • tPA.r,�Pi7 OF COi;rtUi1l`I'! DcVELOPi•:cP17 PLAN P,EVIEU REQUEST Da to March 30, 1979 - L[ADVANCE PLANNING DIVISIO,`I OPLANS ATTACHED (PLEASE P.ETU: [[PUBLIC WORKS DEPAP.Ti ENT R❑TRAFFIC ENGINEER. QpLAHS .ON FILE IN 70MING AND F_P,E DEPARTiiENT OPDI[fAPlCE ABitIP1IS7P,ATI0i1 t Ai•i REVIEI.1 DIVISIOiJ DIVISION LIPAP.KS 8 RECP,EATI.Oi! ❑POLICE DEPAP.TP•IEPIT [I MIAP.IPIE SAFETY CGENEP,AL• SERVICES APPLICATION OF Harbor Glass Building FOR A ❑•VARIANCE • ❑USE PEP.t3I7 ' 1 ��M) T 7}j_}PESUBDIVISIOP7 X 4AP Offsite' Parking Agreement' Oil A REQUEST'TO' accept 'an offsite parking agreement. for the required parkin g• spaces in conjunction with the remodeling of the existing.Harbor Glass•B.ui•lding into a two- .' story.offi.ce -building. ON LOT ADDRESS rt Beach P.EPORT REQUESTED BY 4/5/79 COMMISSION REVIEW 4/19/79 COMMENTS of the exis tnA,buildinq will be necessary prior to issuance of a buildin ermit.• Chan 'e•of occupancy of this type will re wire that the building be made to comply with -the 1976-661tion LOCK ,. TRACT as well as electrical, plumbing and mechanical. SIGNATUPE _ 4-3-79 DATE CITY OF NEtdPORT BEACH DEPAP.4rYIENT OF CON:XUNI T Y DEVELOi 'ENT PLAN PEVIEU REQUEST Da to March 30, 1979 LtADVANCE PLANNING DI•VISIOM 'JXPLANS ATTACHED (PLEASE P,ETU 'QPUBLIC 110fiKS DEPARTMENT ❑TRAFFIC ENGINEER Q,DLAMS .ON FILE IN ZONING AND L[FIRE DEPAP,T?4ENT OP.OINANCE AD3,11NISTRATIOU OPLAN REVIEW' DIVISION DIVISION i QP6RXS 8 RECP.EATI.Oi1 iQ,nLICE DEPAP,TPIENT ❑t4APINE SAFETY DGENEPAL SERVICES APPLICRTION OF Harbor Glass Building R. A JIVAP,IANCE QUSE PERMIT QRESUBDIVISIO?q �XXB Offsite• Parking Agreement 9N A REQUEST TO accept an offsite parking agreement- for the required parking - spaces in conjunction with the remodeling of the existing.Harbor G1ass.Bui,lding.i•nto a two- story.office bbi`lding. ON LOT ADDRESS BLOCK TRACT Street, Newport Beach REPORT REQUESTED BY CO.MiISSION REVIE14 CO?,1?-!ENTS -RECi�IVE0 .1 W-1 R.' - sou apt i S I GNIA TUPEnj��lf� ! PA TRANSMITTAL DATE March 26, 1979 PROJECT NO PROJECT Harbor Glass Building (Spaghetti Factory Parking) TO Bill Lock FROM Tom Moon Delivered SENT BVAIAIL MESSENGER OTHER I- NUMBER OF COPIES DESCRIPTION OF ITE41 DATED ACTION REQUESTED 20 Copies Concept Drawings,4 sheets each, 2 copies Letters from City Attorney (Newport Beach) and Wm. E. Blurock REMARKS TOM MOON & ASSOCIATES / ARCHITECTS, PLANNERS / 2234 NEWPORT BOULEVARD / NEEWWPPOORR�jT BEACH, CAALLIIFFORNIA 92 63 / TELEPHONE (714) 673.0641 TRANSMITTAL 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 March 20, 1979 Mr. Klaus Dieter Esch Vice President of,Operations THE OLD SPAGHETTI FACTORY INTERNATIONAL, INC. 408 Southwest Second Avenue Portland, Oregon 97204 Dear Mr. Esch: I have been in contact with Mr. Leonard Levy who with his partner, Mr. Thomas B. Moon, hoped to develop the former Harbor Glass Company building located across from the Old Spaghetti Factory in;Newport Beach into an office use. The problem'is that Messrs. Levy and Moon will need a number of off -site parking spaces to satisfy the Municipal Code for the proposed office building. In this regard, it is my understanding that you have been contacted for the purpose of entering into an agreement to pro- vide the necessary'off-site parking for the Harbor Glass building on the Old Spaghetti Factory -restaurant parking lot during the hours between 8:00 a.m. and 4:30 p.m. It is further my under- standing that you have expressed a certain reluctance to enter into such an agreement out of concern for possibly violating the terms of your use permit with the City of Newport Beach. This letter is to advise that if you have sufficient excess parking available on -the Spaghetti Factory lot during daytime business hours which is not committed to William Blurock, we see no problem in committing that parking to the Harbor Glass building, should this be your desire. It should be understood, however, that any arrangement you might make with Messrs. Levy and Moon cannot interfere with the parking required by the restaurant during its operation. R E C E I V E D ...AR ° 11979 TOM MOON & ASSOC. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 d 0 0 a Mr. Klaus Dieter Esch March 20, 1979 Page Two Needless to say, the City of Newport Beach is taking no position on whether you should or should not enter into such a parking agreement. The purpose of this letter is merely to inform you that such an arrangement would not appear to violate the terms of your use permit or the off -site parking agreement the Spaghetti Factory has with.the City of Newport Beach. Very truly yours, DENNIS D. O'NEIL City Attorney xc: R. V: Hogan,.Director, Community Development Department Leonard Levy vThomas B. Moon February 19, 1979 Mr. John McDaniels Manager, Newport Beach Spaghetti Restaurant, Inc. 2110 Newport Boulevard Newport Beach, California 92660 Dear Mr. McDaniels: This letter'is intended to assure you that a meeting between Mr. Leonard Levy, Mr. Tom Moon and Mr. William E. Blurock took place on January 22, 1979. Mr. Blurock indicated that the "Shipyard" did have a reciprocal agreement with the Spaghetti Factory Restaurant for the parking of approximately 50 cars. Mr.,Blurock indicated that he would have no objections to the proposal by Mr. Moon and Mr. Levy to develop an agreement with Mr. McDaniels and Spaghetti Rest— aurant, Inc. to park an additional 26 cars in the same lot in which his agreement now exists. The purpose for parking the cars would be to meet code requirements required to occupy the; existing, Harbor Glass building at 21st Street, Newport Beach. I., Mr. Moon and Mr. Levy, it was agreed by Mr. Blurock, would negotiate separately with the Spaghetti Factory Restaurant for the usE: of the spaces exceeding those designated for the "Shipyard". Please consider this,letter as verification of the understanding between Mr. Blurock, Mr. Levy and Mr. Moon and as a formal request to acquire the rights to park 26 cars on the property owned by the Spaghetti Restaurant, Inc., the terms for which are to be negotiated at your earliest convenience. Thank you.' Very truly yours, TOM MOON & ASSOCIATES ARCHITECTS/PLANNERS \&W lblr� Thomas B. Moon, AIA TBM/dt Approved and Accepted:+ By: Mr. William urock Date: By: Mr. John McDaniels Date: M MOON R ASSOCIATES / ARCHITECTS, PLANNERS / 2234 NEWPORT BOULEVARD / NEWPORT BEACH, CALIFORNIA 92663 / TELEPHONE 17141 61J 0041 a yy{ 0 C eyis,� NC eAl L U 7 sK tl::�T(M CG C t Ei •ri .1 S_ 74, i d r , ' 1l . Y iV( 5 Yam Kh ♦Y p 4 4:- I I - . 0 -- I -q -- ---- it M4Y I E 46' I I-T 1`7F� 11 IIF }_ 1 ' y l �, 1!� Ii� �j } f r t j I r � tl {t I} 1 7, flp 11 i I ` ff '�S 1t ( it " - fill I = It I I I Q, 'QUI W1 INN mom - - -- - - — - - - rw V11 MAI N I i III 5 0 t. a I I 4 eA, A 7t- Li Y