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