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HomeMy WebLinkAbout329 & 331 MARIGOLD AVEIIIII�IIIIIIIIulllIIIIIIIII IIIIIIIIIIIIIIII*NEW FILE* 329 & 331 MARIGOLD AVE CITY OF NEWPORT BEACH PLANNING DEPARTMENT September 3, 1981 Mr, J. E. Kennedy, Area Manager Southern California Edison Company 390 East 17th Street, Suite E Costa Mesa, California 92627 Dear Mr. Kennedy: On March 7, 1980 and again on April 16, 1980, I wrote letter to you regarding the shielding of the mercury- vapor lamps which had been installed on utility poles behind the market located at the southwest corner of Marigold -and East Coast Highway in Corona del Mar. I am continuing to receive complaints regarding these fixtures and their shielding, or lack thereof, particularly as they affect nearby residential uses to the west, south and east. A review of my files on this matter indicates that I have never been informed as to whether or not these fixtures are internally shielded or if there are steps which the Edison Company or the property owner could take to externally shield the fixtures. I would therefore request that you look into this matter once again and let me know what additional steps can be taken, and by whom, to try to solve this problem. To assist you in locating the property, I have enclosed a map. If you have any questions, I may be contacted at 640-2137. Very truly yours, Planing Director JDH/kk cc: City Manager Paul Hummel Julius Evans - 4709 Seashore, N.B. 92660 City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 G CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 VIA CERTIFIED MAIL July 10, 1980 Julius Evans 4709 Seashore Newport Beach, California 92660 Re: Offsite parking agreement/ masonry wall requirement Dear Mr. Evans: You have been advised on at least two separate occasions within the last few months of the requirement- that you her ��N c prepare plans, secure necessary permits and commence construction of a masonry wall between your offsite park- ing area on Marigold and the adjoining residential property. You have also been advised of the need for you to execute, in the presence of a notary, an offsite parking agreement. To date you have failed to do either of these things. Because of your persistent refusal to comply with conditions imposed by the City Council this office has prepared a comp- laint seeking a court order terminating your right to occupy structures served by this offsite parking area until you have fully complied with those conditions. This complaint will be filed July 18, 1980 unless you apply for the appropriate permits on or before that date. Please go ern yourself accordingly. �" CO 4 H4.CoC Newport Beach f. ok, xc: Planning Director City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 t CITY OF NEWPORT BEACH June 2, 1980 Mr. Julius V. Evans 4709 Seashore Newport Beach, California Dear Mr. Evans: PLANNING DEPARTMENT (714) 640-2137 CERTIFIED MAIL RETURN RECEIPT REQUESTED 92660 On May 6, 1980 I wrote you a letter advising you of the action taken by the City Council on April 28, 1980 and directing you to prepare plans, secure 'permits, and commence construction of the masonry wall between your off -site parking lot and the adjoining residential lot. To date I have had no response from you. This letter is to advise you that if I do not hear from you by Friday, June 6, 1980, this matter will be turned over to the City Attorney for pursuit of the legal remedies available to us. Very truly yours, PLANNING DEPARTMENT 0. A ES D. H WICKER P1 nning Director JDH/kk Enclosure - Letter of May 6, 1980 xc: City Manager City Attorney City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 0 CITY OF NEW PORT ]BEACH PLANNING DEPARTMENT (714) 640-2137 May 6, 1980 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Julius V. Evans 4709 Seashore Newport Beach, California 92660 Dear Mr. Evans: This letter is to•advise you that the City Council, on April 28, 1980, took action to unanimously deny your request of March 18, 1980 regarding a delay in the installation of a block wall in connection with the off -site parking agreement at 329 and 331 Marigold Avenue, Corona del Mar. You are hereby directed to'immediately prepare plans, secure permits, and commence construction of the masonry wall with a rounded concrete cap between the off -site parking lot and the adjoining residential lot as required under Section 20.30.045E of the Newport Beach Municipal Code. A copy of that section is enclosed. In addition, you are also reminded o•f the action taken by the City Council at its meeting of March 10, 1980, as follows: 1. All remaining applicable Conditions of Approval as set forth by the Planning Commission on August 4, 1977, must be fulfilled. 2. You have been authorized to remove all of the wheel stops adjacent to the alley. 3. You are required to maintain the shielding'of the mercury-vapor lamps which, I understand, have now been installed by the Edison Company.- 4. All employees are required to park in the parking lot. 5. You have been authorized to modify the existing planter._ at the intersection of the two alleys in order to facilitate the right-hand turn movements out of the parking lot. City Hall - 3300 NeNvport Boulcvard, Nc%%,port $each, California 92663 Mr. Julius V. Evans Page 2 May 6, 1980 6. The off -site parking agreement which was forwarded to you by the City Attorney in February must be signed, notarized, and returned to the City Attorney's office. If you have any further questions regarding this matter you should contact Bill Laycock at 640-2266. Failure to comply with the requirements noted above will result in this matter being referred to the City Attorney for appropriate legal action. Very truly yours, PLANNING DEPARTMENT Q JA S D. HEWI KER, Director JDH/kk Enclosure xc: City Manager City Attorney Bill Laycock P 0 Section 20.30.045E of the Newport Beach as it applies to walls on the boundaries lots adjoining property in an R-1 or P.,-2 Municipal Code of parking District B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R-1 or R-2 District, a wall shall be•construc- ted along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance.- Such wall shall be constructed of solid masonry to a height of three feet from the front of the property to a depth equal .to the -required front yard setback established for adjoining property in a resi- dential district. The remaining portion of the wall shall be six feet in height, the lower four feet of which must be of solid masonry construction. Julius Evans Council Meeting 4/14/80 JDH/kk 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 29, 1980 TO: PLANNING DIRECTOR FROM: City Manager SUBJECT: JULIUS V. EVANS' REQUEST Please notify Mr. Evans in very explicit terms that the City Council again, on April 28th, unanimously approved of the construction of the block fence immediately. Inasmuch as this subject has been dragging since 1977 we should be explicit with Evans in our instruction to commence the wall immediately. Vv jv,� ROBERT L. WY • ���,� T� .. '_ "'�� .: le-44 , TIN W� COITY OF NEWPORT BEACH COUNCILMEN ROLL CAL\NL REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 28, 1980 MINUTES Kmc v Present xlx x x x x A. ROLL CALL. Absent x B. The reading of the Minutes of the Regular Meeting Motion x of April 14 and the Adjourned Meeting of April 15, All Aves 1980, was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- Motion x t s under consideration was waived, and the City All Ayes Cler as directed to read by titles only. Motion x The Council eting commenced with Ordinances For All Ayes or Adoption until or Heather arrived. E. ORDINANCES FOR 1. Ordinance No. 1841, being, INANCE OF THE Commercial CITY OF NEWPORT BEACH AMENDING S ION Vehicles 12.32.020(b) OF THE NEWPORT BEACH CIPAL CODE Exceeding TO PROHIBIT COMMERCIAL VEHICLES EXCEEDI 6,000 6,000 pounds POUNDS FROM OPERATING ON DOVER DRIVE BE WEE 0-1841 WESTCLIFF DRIVE AND IRVINE AVENUE, was oresente (85) Ordinance No. Jl$_41 was, reintroduced., as amended Motion x to include Cliff_Drive between Dover and Irvine. All Ayes and passed to second reading on May 12, 1980. F. CONTINUED BUSINESS: 1. A letter dated March 18 was presented from Julius Off -Site V. Evans asking for Council to reconsider its Parking/ action taken on March 10 recommending the instal- —a Evans lotion of block wall in connection'with'the (38) .off -site parking agreement at 329 and 331 Marigold in Corona del Mar. Mayor Pro Tempore Hart stated that this was the 3rd or 4thost onement of the request of the applicant, who was not present at this meeting also. Motion x The request of the applicant for reconsideration All Ayes was denied. Mayor heather arrived and Look her seat at the Council. table. ated the 33rd Annual Newpor Mayor Heather, wh=2-foot-high Ensenada Race, reat a trophy was presen to the Escadero of trt Harbor Yacht Clu which was the first prihe City of Newp Beach. G. CURRENT BUSI 1. A report wasfrom the Public Works Encroachment Department rthe application of.Robert permit/ Jackson toa 2-foot-high brick planter Jackson wall e eaching one foot into the parkway at (65) 43yFefo nleaf Avenue. �� Volume 34 - Page 92 PLANTTrgp CT1'Tern�q wit `il ? MAY 9 1980� 5 . RESOLUTION NO. 9744 \��• NMIPOR BEACH, 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONDITIONS OF APPROVAL OF AN EXISTING OFF - SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JULIUS V. EVANS (3331East Coast Highway, Corona del Mar) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amendment to the conditions of approval of an existing off -site parking agreement between the City of Newport Beach and Julius V. Evans; and WHEREAS, the City Council has reviewed the terms and conditions of said amendment and finds them to be satisfactory and that it would be in the best interst of the City to execute said amendment, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the amendment to the con- ditions of approval of an existing off -site parking agreement between the City of Newport Beach and Julius V. Evans is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same'on behalf of the City of Newport Beach. ADOPTED this loth day of March , 1980. ATTEST: City Clerk 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT (714) 640-2137 April 16, 1980 Mr. J. E. Kennedy, Area Manager Southern California• Edison Company 390 East 17th Street - "E" Costa Mesa, California 92627 Dear Mr. Kennedy: On March 7, 1980 I wrote a letter to you regarding the shielding of the mercury-vapor lamps which had been installed on utility poles behind the Wells Market located at the southeast corner of Marigold and East Coast Highway in Corona del Mar. I subse- quently received a telephone call from the Edison Company indicating that they would look into the matter. On Monday, April 14, 1980, I reviewed the condition in the field only to discover that the lights were in the same configuration as they were when -I first discussed them with you on March 7. I would there- fore, request that you look into the matter again and determine what progress, if any, has been made and let me know what additional steps I can take to try to expedite the situation. If you have any questions you may call me at 640-2137. Very truly yours, PLANNING DEPARTMENT JDH/kk City ITall • 3300 Newport Boulevard, 'NeNrport Beach, California 92663 r � ATY OF NEWPORT BE CH COUNCILMEN MINUTES ROLL CALL �d, April 14, 1980 INDEX t I E. ORDINANCES FOR ADOPTION: None. F. CONTINUED BUSINESS: 1. a following appointments to Citizens Advisory Co ees were confirmed for a one-year term ending Dec er 31, 1980: (a) District 6, Cou ' man Hummel's appointment of Bicycle Motion x Mike Hewitt as a mem of the Bicycle Trails Trails CAC All Ayes Citizens Advisory Committe o replace (24) William Pope. I (b) District 4, Councilman Heather's appointme Litter Motion x of Laverne Schwarz as a member of the Litter troI CAC All Ayes Control Citizens Advisory Committee to replace (24) Rae Cohen. 2. A letter dated March 18, was presented from Off -Site Julius V. Evans asking Council to reconsider its Parking/ action taken on March 10 recommending the installa- Evans tion of a block wall in connection with the off -sit (38) parking agreement at 329 and 331 Marig2,1c in Corona del Mar. The City Manager stated that he had received a telephone call stating that Mr. Evans was still ill and asking that the matter be continued again. The request of the applicant was granted, and the Motion x item was continued to April 28,,1980. All Ayes 3. A report was presented from the City Manager regard Small boat iug small boat launching at 18th and Bay. Launchi 18th,X Bay Marine Ditector David Harshbarger addressed the Council regarding the hours the lifeguards were on duty at this location, and the dates the swimmin ropes were put out. Doug Ammerman, a Parks, Beaches and Rec ation Com- missioner, spoke as an individual an stated that the Commission had not seen the m Z recently recom- mended changes and opposed the ariations from the Parks, Beaches and Recreati recommendations. Motion x The item was referred o the Parks, Beaches and All Ayes Recreation Commiss for report back not later tha I May 12. I I ' I i i Volume 34 - Page 80 I C•Y OF NEWPORT BEACH COUNCILMEN ROLL CALL\ �AO REGULAR COUNCIL MELTLNG PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 14, 1980 MINUTE:; INDEX Present � x�x` t x x x x x A. ROLL. CALL. Motion 1 x B. The reading of the Minutes of the Regular Meeting All Ayes I x x x x x of March 24, 1980 was waived, and the Minutes were 1 Abstain i x approved as written and ordered filed. Motion x C. The reading in full of all ordinances and resolu- All Ayes tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding Use Permit Use Permit No. 1930) referred to the City Council No. 1930 by the Planning Commission with no recommendation. (88) This is a request by Lee & Strock Architects, Inc. to permit the construction of a two-story office building exceeding 5,000 sq. ft. of floor area in a Specific Area Plan wkere a specific plan has not en adopted; and the acceptance of an Environments D ument; on property located at 350 North Newport Bo u evard, on the southerly corner of North Newport Boul yard and Beacon Street, adjacent to Newport Heigh ; Zoned C-1-H. A report was presented from the Planning Department .I A petition igned by 29 residents opposing the project was resented. A letter from rbert W. Sutton was presented requesting that he item be continued to April 28. Motion x The hearing was co tinned to April 28, 1980. All Ayes 2. Mayor Ryckoff opened he public hearing regarding Police Tow increases in the Offic al Police Tow rates as Truck proposed by Harbor Towi Company Services (70) A copy of the proposed inc ease was presented with report from the City Manage Thom GalL Manager of Harbor wing, addressed the Council and answered questions garding the increase. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion I x Resolution No. 9758, establishing tow c arges, R-9758 All Ayes storage rates and after-hours relense fe for official police tow truck services, and r cinding Resolution No. 9735, was adapted. Ij I I Volume 34 - Page 79 I f i CTY OF NEWPORT BEACH COUNCILMEN MINUTES pTgS9S22i ��p n�9 March 24, 1980 INDEX ROLL CALL Motion Ayes x x x x x I x G. CURRENT BUSINESS: e ort was presented from the Marine Department regar he application of the Newport Harbor Yacht Club for the elation of five (5) Racing buoys within the City limits the vicinity of Santa Ana River entrance.he application was approved, subject to Tthe - tions listed in the staff report. Racing Buoys (51) 2. A letter from Julius V. Evans was presented asking Off -Site Council to reconsider its action taken on March 10 Parking/ recommending ,the installation of a block wall in con- Evans necandtion with the o nt at 329 (38) .._... 331 Marigold infCorona deliMaragreeme Mayor Ryckoff stated that Mr. Evans had advised that he would not be able to attend the meeting due to illness and had asked that this item be postponed. Motion x The item was postponed to April 14' in accordance Ayes x x x x x x x with rewest yapp ict H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9747 designating an i ersection Stop at which vehicles are required to op and Signs directing the Traffic Engineer o erect neces- R-9747 sary stop signs (Bayview Dr at Iris Avenue). (81) (A report from the Public orks Department) (b) Resolution No. 9748 esignating an intersection Stop at which vehicle are required to stop and Signs directing the affic Engineer to erect neces- R-9748 sary stop s ns (Carnation Avenue at Fourth (81) Avenue). (A report from the Public Works Depart- ment) (c) esolution. No. 9749 awarding a contract to WC HyW Fleming Engineering, Inc. in connection with Wes Improv. Coast Highway Improvements (south side) from C-2062 57th Street to Balboa Boulevard (C-2062). (A R-9749 report from the Public Works Department) (38) (d) Resolution No. 9750 authorizing the Mayor and City Clerk to execute a License Agreement betweet Arts the City of Newport Beach, The Irvine Company, Festival the Taubman Company and Fashion Island Merchants C-2165 Association for the 1980 City Arts Festival. (A R-9750 i I report from the City Arts Commission) (38) i i i Volume 34 - Page 74 CITY OF NEWPORT BETCH COUNCILME MINUTES fP9�� 3� �C Rni i cei i March 24. 1980 INDEX (e) Resolution No. 9751 setting forth the P$5R permission of the City Council of the City Oasis of Newport Beach to Friends of Oasis to R-9751 apply for Title III-B funds from the Federal (62) Department of Health, Education and Welfare (HEW) for improvements to the Oasis Center and for the acquisition of motor vehicles to be used by Friends of Oasis, Inc. (A report from the Parks, Beaches and Recreation Director) (f) Resolution No. 9752 authorizing the letting General of a contract to remove debris from the Services beaches of Newport Beach without advertising C-2168 for bids and authorizing the City Manager to R-9752 execute such a contract on behalf of the (38) City. (A report from the General Services Director) No. 9753 authorizing the Mayor Newport Pier City Clerk to execute an extension to C-1901 Newport Pier Concession Lease Agreement R-9753 een the City of Newport Beach and Wolfgan (38) Erika Merting. (A report from the City ger) \g)Rution lution No. 9754 authorizing the Mayor Lifeguard City Clerk to execute an agreement Services een the City of Newport Beach and orange C-2166 y Harbors, Beaches and Parks District R-9754 the City to provide lifeguard services (38) e County -owned Santa Ana River Jetty h (A report from the Marine Department) ved ram the Consent Calendar. Q) Resolution No. 9755 awarding a contract for TransCon compreheasi a public liability insurance Ins, coverage to ranscontinental Insurance C-2167 Company. (A eport from the City Manager) (38) 3, COMMUNICATIONS - For eferral as indicated: (a) To staff for repl a letter from Mr. Jack (62) Nelson opposing the possibility of making a parking area of West Newport Park. (Attached) (b) To the Police Departme t, the Traffic Engines (51) and the Marine Departme for report back, a letter from the Parks, B ches and Recreation Director regarding small b at launching at 18th and Bay. (Attached) 4. COMMUNICATIONS - For referral to t e City Clerk for inclusion in the records: i (a) A letter from Los Angeles Fedora Savings concerning some of the reasons that Orange County Airport grew into a regional airport instead of remaining as a local airport. (Attached) Volume 34 - Page 75 1 . March 18, 1980 • City Council G - 3300 Newport Blvd. Newport Beach, California 92663 Re: Off Site Parking agreement 329 & 331 Marigold Corona Del Mar Dear Sirs: I am asking that you reconsider your reccomendation"to install a block wall between our parking area and the property at 337 Marigold. Mr & Mrs Saida of 337 Marigold have asked that we don't install the block wall as they feel it would greatly cut down on their ventilation thruout their house. It also would cause problems for their landscaping. On March 5, 1980 the Planning Commission agreed that the wall was not necessary in their opinion. • I am therefore asking that you reconsider your recomendation for the block wall. I am attaching a copy of a letter from Mr & Mrs Baida in regard to the above mentioned matter. Sincerely, Julius V. Evans JVE/be enc. lV jb xc: City Attorney (714) March 13, 1980 Mr. Julius V. Evans 4709 Seashore Newport Beach, California 92660 Dear Mr. Evans: DEPARTMENT 640-2137 This letter is to advise you of the final action taken by the City Council at its meeting of March 10, 1980 regard- ing the off -site parking agreement covering the property at 329 and 331 Marigold Avenue in Corona del Mar. The action taken by the City Council is as follows: 1) All remaining applicable Conditions of Approval as set forth by the Planning Commission on August 4•, 1977 must be fulfilled. 2) You are required to build a masonry wall with a rounded concrete cap between the off -site parking lot and the adjoining residential lot, as required under Section 20.30.045(B) of the Newport Beach Municipal Code. Construction of the wall must commence no later than Monday, April 7, 1980, 3) You have been authorized to remove all of the wheel stops adjacent to the alley. 4) You are required either to shield the mercury- vapor lamps from adjoining residential development or have them removed. In this regard I have con- tacted Mr. J. E. Kennedy, Area Manager for the Southern California Edison Company, and I have given him your name, address and telephone number. 5) Employees shall be required to park in the parking lot. In addition to the above noted requirements, the City Council also authorized modification to the existing planter at the intersection of the two alleys in order to facilitate the City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 y ♦ + Mr. .Julius V. Evans 9e March 13, 1980 right-hand turn movements out of the parking lot. If you should desire to modify the planter, I would suggest that you contact Ri-ch Edmonston, the City's Traffic Engineer, at 640-2181. To date the City Attorney's 0 4icp/has not received the signed and notarized copy of the off -site parking agreement which was forwarded to you with a separate letter in February. This must be returned as soon as possible. If you have any further questions regarding this matter, you may contact Bill Laycock at 640-2266.. Very truly yours, .PLANNING DEPARTMENT 4,60;4�nning D. H Director JDH/kk ' I 4' 4 CITY OF NEW'PORT BEACH PLANNING DEPARTMENT (714) 640-2137 March 7, 1980 Mr. J. E. Kennedy, Area Manager Southern California Edison Company 390 East 17th Street - "E" Costa -Mesa, California 92627 Dear Mr. Kennedy: As a follow-up to our conversation this morning, I would appreciate it if you would look into the matter of shielding the mercury-vapor lamps which have been installed on utility poles behind the Wells Market located at the southeast corner of Marigold Avenue and East Coast Highway in Corona del Mar. The lights in question are located at either end of the parking lot immediately adjacent to the alley which runs parallel to East Coast Highway,. As I indicated to you today, the City has received a complaint regarding the installation of the lights, and it would seem to me that some action could be taken either to paint or otherwise shield the fixtures so as not to disturb the residents of adjoining resi- dential properties to the west, south and east. The owner of the pro.perty is Mr. Julius, V. Evans who resides at 4709 Seashore, Newport Beach, 92660. He may be reached by telephone at 646-6632. Your prompt, attention to this matter would be appreciated. If you have any questions you may call me at 640-2137. Very truly yours, PLANNING DEPARTMENT JAM D. HEWICKER, Director JDH/kk Enclosure: Location Map City Hall fie., • 3300 Newport Boulevard, Newport Beach, California 92663 • �� ri�i-+rt. r. Y: _ :. ice: i. SS... �•_ j,�:.:.rl••3 ••,'S:i-7• �' ha __ .1:1[:SY. .:�4t+V-13Y _ fit• -:Y >;:,:{4S-`!''Gs,�:f'v:\�,. - s � s �,•:. L .' _ l J,Yti � .� YiSt�•� iJ •.\f•�• ' �•.^tiff i:S'o':>` :5 >1'•�IG•% �� +1 •, " ' .d .. �i,�l.•%h•- w.�•,. i'•.I i'"1.:51Y.�:' t•'c..� 1 '' • :. 5 .. .•fit._ ••ir''• ,:1.� ;cIJ,,.:Ttii: `e'%f-:.{'!.'.'' \iJ•-ff tc. f�:�, 5. ....+ • }'ac: i� i'' ': ••4r���:•'':; fb :.i' >:�' - _ -ice •: y=:..•. •Cl.,��,•:i._ _ ••v.•'�.`-•w.i. if•.,ftvT•:YT`s •:�Q•�,u���,t'ir�:�..^.: ::': ar _-_' [. •' - _ .. .ems.,{: Y-i:.}�`K w=A` 1:_ ."•itli••a > S•p`s.e,, � •Yr D_ _ p i:•y:. ^ ' 'J •• R�'V•I �,\ I tt�t i•�r \•lj�`•'L�`ti 1f'�...-f =iiLuvN •? ' • 5"'•:' n o P ` :. •, 1:A1}% `r'.pXL'U �: Ca. c. F.V..'o) �yV4v •/ . 1 i ' r �f to 0ITY OF NEWPORT 9-ACH COUNCILMEN ,A ROLL CALL March 10, 1980 MINUTES INDEX 16. Removed from the Consent Calendar. 17. BUDGET AMENDMENTS - For \ approval: BA-073, $900.00 increase in Budget Appropriations and,increase in Revenue Estimates for installa- tion of drainage line along the north side of Via Lido Soud and the northwest corner of Via \ Nice to the northeast corner of Via Orvieto with donations of $900 from the property .owners; from Unappropriated Surplus and Donations and Contribu- tions to General Services -Field Maintenance, Maintenance and Repair Materials, General Fund. BA 74, $1,"0.00 increase in Budget Appropria- tion and increase in Revenue Estimates for purchas of plants for Newport Center Branch Library h donation from Harbor View Hills Garden 'Cjub, rom Unappropriated Surplus and Donations and ntributions, Building Excise Tax Fund. I. ITEMS REMOVED FROM TH CONSENT CALENDAR: Motion x 1. A report was presented fro the City Attorney regarding CHAD (Orange Count Combined Health Agencies Drive). The report was received and ordered led. CHAD (57) Ayes x x x x x x Noes x 2. A letter from Wenke, Taylor, Evans & Ikola wa presented outlining the terms of employment as Litigation Koll Co Motion x attorneys representing the members of the City Council in the Koll Company lawsuit. The proposal was accepted with the inclusion (31) All Ayes that the Council be permitted to review the bills monthly. I i 3. A report was presented from the Planning Depart- ment regarding an amendment to the conditions of approval of an existing Off -site Parking Agreement between the City andli Juus V. Evans o� 3331 East Coast Highway, Corona del Mar. Councilman Hummel stated after looking over the parking lot, he felt a concrete block wall should be erected dividing the parking lot from the adjacent residential property and that the planter on the westerly end of the parking lot should be altered to allow cars to make a maneuverable right turn out of the parking lot. Edward Wells addressed the Council and requested the removal of all of the wheel stops on the alley side of the parking lot. Volume 34 - Page 68 I Off -Site Parking/ Evans '(38) CIPY OF NEWPORT BE*H COUNCILMEN MINUTES �9 << 'VXP 9 y ROLL CA L 9dN'��9 March 10, 1980 INDEX S. REPORTS - For Council information and filing: (a) Removed from the Consent Calendar. (b) Progress report from the Arts Commission City Arts regarding the summer concert. (Attached) Comsn (24) 9. PUBLIC HEARING SCHEDULING: None. 10. USE PERMIT NO. 1862 - Acceptance of the public UP 1862 improvements constructed in conjunction with Use (88) Permit No. 1862; and authorization to the City Clerk Lo release the Faithful Performance Surety (Time Certificate of Deposit No. 55-1039852 issued by Imperial Savings and Loan Association). (A report from the Public Works Department) 1 + USE PERMIT NO. 1883 - Acceptance of the public UP 1883 constructed in conjunction with Use (88) \improvements Permit No. 1883; authorization to the City Clerk to release the Use Permit Faithful Performance fond (Bond No, 8 SM 551), and to release the Use Armit Labor and Materials Bond (Bend No. 8 SM 551� in six months provided no claims have been fil d. (A report from the Public Works Depart- ment 12. SAN JO QUIN HILLS ROAD AND JAMBOREE ROAD FREE SJH Rd/ RIGHT T LANE (C-1991) - Approval of the plans Jamboree and spec fications; and authorization to the Rt Turn Lane City Clot to advertise for bids for Contract (38) No. 1991 tQQ be opened at 2:30 p.m. on Wednesday, April 2, 19 0. (A report from the Public Works Department) 13. IRVINE AVENUE ` CLIFF DRIVE INTERSECTION IMPROVE- MENTS (C-2143) Approval Irvine/ Cliff Dr of the plans and to the City Intersection specifications;land authorization Clerk to advertise for bids to be opened at 2:30 Impry p.m. on April 16, 1980. (A report from the (38) Public Works Depar went) 14. MARINAPARK SHELTER F�CILITX (C-2010) - Acceptance Marinapark of the work; and auth rization to the City Clerk Shelter to file a Notice of Co?pletion and release the Facility bonds 35 days after the``Notice of Completion has (38) been filed. (A report £ om the Public Works Department) t 15. MAINTENANCE DREDGING HARBO PERMITS - Approval Harbor i of the following maintenance dredging harbor Permits I I permit, subject to the conditions of approval (51) listed in the general permit Issued to the City by the Corps of Engineers: (A\`port from the Marine Department) t 101-104 California Recreation 06. 1601 Bayside Drive j Volume 34 - Page 67 v r t •. 9ITY OF NEWPORT RACH COUNCILMEN MINUTES 1iC� oti U� ROLL CALL 9������ March 10, 1980 INDEX Pat Wells addressed the Council and stated that she and her husband operated the Wells Market and that grocery delivery trucks making deliveries of large orders would block the alley for an hour or more at a,time, and that the removal of the wheel stops would permit people using the one-way alley to get by when the trucks were there. Motion x The amendment to the parkinR agreement removing all of the wheel stops on the alley side, All Ayes indicated as 2, 4,_ , 10, 12- , 14, 16, 18 and 20,_and the installation of a masonry wall with a rounded concrete cap br etween the parking lot and the adjoining residential property was R-9744 approved; and Resolution No. 9744, authorizing theRayor and City G`Perk''fo_execute" " an amendment to the conditions of a rroval of an existing Off -site Parking Agreement between the City of Newport Beach and-M:Cti's-V E;Fans (3331 East Coast Hig_way, Corona del Mar),�was adopted. 4. A report was presented from the City Attorney West Newpor regarding the Settlement and Boundary Line Park Agreement among the 'State of California, the (62) City of Newport Beach, and Beeco, Ltd. for the Oxbow Loop (Santa Ana River). Motion x The item was postponed to April 14, 1980/the All Ayes J. ADDITIONAL BUSINESS: Motion x 1. The first Council meeting in April wiCouncil All Ayes traditional second Monday of the monyMeetings April 14 and the installation of t 6 new Council (33) will be held on Tuesday, AprIn'aythe Motion 2. Resolution No. 9745, author General Disaster All Ayes x Services Director to make pplication for Relief financial assistance fo disaster relief, was (87) adopted. Mayor Ryckoff adjourn the meeting at 9:00 p.m. I Volume 34 = Page 69 • City Council Ming March 10, 1980 • March 5, 1980 TO: FROM: SUBJECT: City Council Agenda Item No CITY OF NEWPORT'BEACH Planning Department Request to amend the conditions of approval in con.iunction with an approved Off -Site Parking H-2(d) LOCATION: Lot 3, Block X, Tract No. 323 (i.e., building site), located at 3331 and 3337 East Coast Highway, on the southerly side of East Coast Highway between Mar- guerite Avenue and Marigold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del Mar (i.e., off - site parking lot), located at 329 and 331•Marigold . Avenue, on the northwesterly side of Marigold Avenue in Corona del Mar. ZONES: C-1 and R-1 APPLICANT: Julius V. Evans OWNER: Same as Applicant Application This is a request to amend the conditions of approval as they apply to a previously approved off -site parking agreement. Off -site parking procedures are set forth in Section 20.30.035D of the Newport Beach Municipal Code. Suggested Action If desired, adopt Resolution No. authorizing amendment to the conditions of approval of the existing off -site parking agreement. • Planning Commission Recommendation At its meeting of February 7, 1980, the Planning Commission voted (4 Ayes, 1 No, 2 Absent) to amend the conditions of approval on the existing off -site parking agreement as follows: TO: City C00ci 1 - 2. • 1. That all remaining applicable conditions of approval as set forth by the Planning Commission on August 4, 1977 be fulfilled. • 2. That the applicant shall enter into an agreement with the City guaranteeing that a masonry wall will be installed between the existing parking lot and the adjoining residential lot to the south at such time as the title to the residential property is transferred. It shall be the responsibility of the applicant to notify the City of the transfer in title. Said agree- ment shall contain a provision that a waiver of the wall requirement at this time does not constitute a waiver forever. Said agreement may be made without bond. 3. That the applicant be authorized to remove the wheel stops adjacent to the a l ley . an--p-a-r i-�ee•s— ta�rifrere-d•—`L 4. That the parking lot lights shall be shielded from adjoining residences or removed, 5. That employees shall be required to park in the parking lot. *Attached for the information and review of the City Council is a copy of the Planning Commission staff report which describes the background of this particular problem and outlines the nature of the applicant's request. Also attached is a copy of the Planning Commission minutes and items of correspondence received just prior to or subsequent to the Planning Commission's consideration of this request. If the City Council should desire to modify the Planning Commission's approval, the following changes are suggested: ange Condition No. 2 to read as follows: 2. That a masonry wall with a rounded concrete cap shall be installed between the off -site parking lot and the adjoining residential lot as required under Section 20.30.045E of the Newport Beach Municipal Code. Con- struction of said wall shall commence within four weeks from the date of this approval, Change Condition No, 4 to read as follows: • 4. That the parking lot lights shall either be shielded from adjoining residences within two weeks from the date of this approval or removed. Respectfully submitted rector J TO: Ci ty Co 1 - 3. Attachments for City Council only: 1. Planning'Commission staff report with attachments 2. Planning Commission minutes •3. Letter from Corona del Mar Chamber of Commerce 4. Petition 5. Letter, from Bill and Donna'De Mayo is CITY OF NEWPORT BEACH PLANNING DEPARTMENT (714) 640-2137 March•5, 1980 Mr. Julius V. Evans 4709 Seashore Newport Beach, California 92660 Dear Mr. Evans: This letter is to advise you that the recommendation of the Planning Commission pertaining to the changes in the conditions of approval for the off -site parking lot located at 329 and 331 Marigold Avenue in Corona del Mar will be reviewed by the City Council on Monday evening, March 10, 1980. City Council meetings are held in the Council Chambers and begin at 7:30 p.m. In anticipation of the City Council meeting, I had an opportunity to drive by -the property today. I noticed that the mercury-vapor lights had not been shielded, and that the wheel -stops adjoining the alley had been removed from Spaces 10, 12, 14, 16, 18 and 20, as opposed to Spaces 2, 4, 6, 8, 10 and 12, as approved by the Plan- ning Commission. Also that the southerly side of the lot was still striped to accommodate eleven spaces.as opposed to ten spaces. I would suggest that: these items be corrected prior to the City Council meeting on March 10. If you have any questions regarding this matter, I may be reached at 640-2137. Very truly yours, PLANNINGDEPARTMENT A S D. HEWICKER -SOS JDH/kk City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663 r� • 4P Planning Commission City Hall Newport Beach, CA Corona del Mar, CA February 7, 1980 Res Parking lot adjacent to Well's Super Market, also used by other businesses on that block Dear Commissions 11 This is to protest the action taken in making wide -spread changes in this parking lot. It is now extremely difficult to find a parking place, and the addition of cement "tire bumpers" between the lot and the door of the market has created a definite hazard to those walking through the lot. Gone is any choice of ingress or egress. Not only is the judgment used in requiring these changes open to debate, but more important is the implication that someone other than the owner knows what is best for his property. In this case, the owner, who footed the bill, and those who use the lot are losers right along with the people who operate the businesses that they support. When work was to be done on our property we had to post a notice by the street for a period of time to allow anyone who wished to dispute our request to bring it before your group. If such a notice had been posted about this change, it seems that the newly existing errors might have been averted. Very truly yours, 511 Hazel Drive Corona del Max, CA ((// 640-7027 n Planning Commission Meeting February 7, 1980 Agenda Item No. CITY OF NEWPORT BEACH February 1, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: ment tuiscussion LOCATION: Lot 3, Block X, Tract No. 323 (i.e., building site) located at 3331 and 3337 East Coast Highway, on the southerly side of East Coast Highway between Mar- guerite Avenue and Marigold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del Mar (i.e., offsite parking lot) located at 329 and 331 Marigold Avenue, on the northwesterly side of Mari- gold Avenue, in Corona del Mar. ZONES: C-1 and R-1 APPLICANT: Julius V. Evans OWNER: Same as Applicant Background At its meeting of August 4, 1977,.the Planning Commission approved a request for an offsite parking agreement in conjunction with a proposed 1200 sq.ft. expansion of the commercial building located at 3329..thru 3337 East Coast Highway being space currently occupied by Persian Treasure Rugs,. Wit Travel, Rochelle Robers Real Estate and the Flower Seller. The offsite parking lot is'located at 329 and 331 Marigold directly behind the businesses noted above and Wells Market located on the corner of Marigold and East Coast Highway. The off -site parking arrangement was approved with the findings and subject to the conditions of approval noted below: FINDINGS: 1. The off -site parking area is directly across an alley from the subject commercial site and, therefore, is so located to be useful to the proposed development. 2. The off -site parking spaces will not create undue traffic hazards .in the surrounding area. In fact, the proposed parking layout of the subject parking lot will create better vehicular maneuverability and automobile storage than now exists. - 1 - TO: PTonning Commission - 2. The commercial site and the off -site parking lot are in the same ownership. 4. The City Traffic Engi,neer has no objections with the off -site parking arrangement. CONDITIONS: 1. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of fifteen parking spaces shall be provided on Lots 29 and 31, Block 239, Corona del Mar, for the duration of the proposed expanded commercial building located at 3331 and 3337 East Coast Highway. 2. That th,e off -site parking lot shall be improved with wheel stops and marked with approved traffic markers or painted white lines not less than four inches wide in accordance with the approved parking layout. That signs be provided on the rear of the proposed expanded commercial building indicating the following statement: "No Parking - Loading Zone Only." That a solid masonry wall with a rounded concrete cap shall be installed pursuant to Section 20.30.045 B of the Newport Beach Municipal Code. The off -site parking arrangement was subsequently approved by the City Council on August 22, 1977. The Coastal Commission approved the request on November 28, 1977. The Coastal Commission ap-proval required that "prior to issuance of permit, applicant shall submit a•deed restriction for recording that no less than 20 on -site parking spaces shall be maintained at all times to support the development intensity permitted by the subject so parking spaces shall not be altered in number, size, location•; or orientation without express written permission from the California Coastal Commission." The Coastal Development Permit was issued on April 11, 1978 (A-9-26- 77-1970). Building permits were issued for the proposed expansion on August 10, 1978,,construction was completed and the space occupied. However, several required inspections were not obtained and the building permits were cancelled on August 14, 1979. In addition, the applicant failed to comply with the conditions of approval placed upon the project by the City and the Coastal Commission (see attached letters dated August 14 and December 27, 1979). TO:, Planning Commission - 3. The applicant has made subsequent attempts to correct the deficiencies; however, the following corrections are still outstanding: Required heating and plumbing inspections have been obtained and the permits have been reinstated. However, the building permit will not be finaled until all zoning requirements have been fulfilled. The parking lot'has been restriped, however, the striping does not comply with the approved layout and the configuration of the two landscaped areas located adjacent to the intersecting alley perpendicular to the Coast Highway have been reversed. Mercury vapor lights have been installed without proper shielding. 4. The original copy of the required off -site parking agreement has not been executed. 5. Th.e required masonry wall between the off -site parking lot and the adjoining single family dwelling has not been install.ed. Required Masonry Wall Condition No. 4 of the off -site parking arrangement requires that a masonry wall with a round concrete cap shall be installed pursuant to Section 20.30.045 B of the Newport Beach MUnicjpal Code. Section 20.30.045 B is set forth as follows: B. BOUNDARY WALL. Where'the boundaries of parking lots or parking area adjoin property in an R-1 or R-2 District, a wall shall be constructed along such boundaries in such a manner as will provide protection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of disturbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the from the front o-f the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. The applicant, on behalf of the adjoining prop.erty owner, has requested that this condition be deleted (see attached letter dated January 7, 1979). The staff would note, however, that the municipal code does not require that the entire wall be of solid masonry construction and that the top 2 feet behind the required front yard setback could be of open masonry block. This would still provide protection from noise, exhaust fumes, automobile lights, and other similar sources of disturbance and at the same time would do little to ihterfere with existing light and air to the bedroom, kitchen, and dining room of the adjoining residence. • 9 TO: Planning Commission - 4. If the Commission concurs with the applicants request, the staff would. suggest the following recommendations to the City Council: 1. That all remaining`applicable conditions of approval as set forth by the Planning Commission on August 4, 1977 be fulfilled. 2. That the existing wooden fence be allowed to remain. 3. That the parking lot lights shall be shielded from adjoining residences or removed. 4. That employees shall be required to park in the parking lot. If on the other hand the Commission feels that the requirement for the block wall should remain, the Commission should reaffirm its action of August 4, 1977 and add the following conditions: 5. That the parking lot lights shall be shielded from'adjoining residenc or removed. 6. That employees shall be required to park in the parking lot. PLANNING DEPARTMENT • JAMES D. HEWICKER, DIRECTOR By am D. Hewicker Dire for JDH/dlt Attachments: Vicinity Map Site Plan Letter to Mr. Evans dated 8/14/79 Letter to Mr. Evans dated 12/27/79 Letter from Mr. Evans dated 1/7/80 Letter from Stossel and Grace Baida $Aftltl 3tl1S.tVB '• 70 •. 7— �z _ C z . 1Sdd� ♦/1 •per '� Su EcT •S9 � .p9 of �Opp .99 rl C z . 1Sdd� ♦/1 •per '� Su EcT •S9 � .p9 of �Opp .99 rl 32 o 31 28 6 28 27 ' 22 20 /4 O /2 24 in /0 :a. h V OPPSITf: `?AlZglhc-�° Lo KS 7.7 ' 25 14 l � /y • O g �r4�• Qz� M I­....._..- 0 0 MCIYkr OF NNEVVPorcc (714) 540-2130 August 14, 1979 Mr. 0. V. Evans 4709 Seashore Newport Beach, CA 92660 Re: •3341 East Coast Highw y +� Dear Mr. Evans It has been brought to the attention of the Community Development Department that you have occupied the structure at 3341 East Coast Highway prior to obtaining final approvals from the City. A review of the project indicates you have failed to comply with require- ments established by the Newport Beach Planning Division and the California Coastal Commission. -These requirements are in connection with required parking facilities for the referenced project. Several required inspections - to verify compliance witir the various building codes have not been complied with. This matter was discussed with you by telephone several days earlier. Dine to the fact that you have not supplied a proper solution to the problem, - we have cancelled your permits. We must also request that the use of the structure be abandoned untill these problems are properly remedied. f Sincerely DEPARTMENT OF COMMUNITY DEVELOPMENT tU!_��-•�� BOB FOIER Assistant Director -Building jw xc: Harold Sproul 640-2266 December 27, 1979 Mr. Julius V. Evans 4709 Seashore Newport Beach, CA 92660 64G - CMG 3 7- RE: Existing building at 3329-3337 East Coast site parking lot at 329 and 331 Marigold Dear. Mr. Evans: Highway and off - In. -August of this, -year you .were contacted y. both Bob Fowler •.and• myself regardi•n•g your failure to comply -with the r.equir.ements - placed upon you by the City of.Newport Beach and the California Coastal Commission, to wit: 1. You have not executed the required off -site parking agreement with the City; 2. The off -site parking lot has not been improved with the re- quired landscaping, wheel stops and markings in accordance with the parking layout approved by the•City; 3. The required "No Parking - Loading Zone Only" signs have not been installed; 4. The solid masonry wall between the off -site parking lot and the adjoining residence at•337 1•11arigold has not been installed, and 5. You have occupied -the structure without obtaining the required final approval from the City. On August 14, 1979, a letter was sent to you by Bob Fowler request- ing that the use of the structure be abandoned until these problems are properly remedied and informing you that your permits have been cancelled. On August 16, 1979, I received a fetter from you requesting that I delete the requirement for the wall between the parking lot and the adjoining residence. As you are aware, this is a matter over which I have no authority and over which the Planning Commission and City Council have jurisdiction. City hall o 3300 Newport Boulcvard, Newport Beach, California 926612 Mr. Julius V. Evan • December 27, 1979 Page 2 To date, I have had no further contact fron•you and I do not knob what your plans are in this renard. I an, therefore, requesting that you either vacate the premises, take the necessary steps to meet the requirements noted above or file a request with the Planning Commission to amend the previously aDproVed off -site parking arrangement. The next filing deadline is January 11, 1980 for the Planning Commission meeting of February 7, 1980. If I do not hear from you on or have no choice but to turn this for appropriate legal action. Very truly.yours, PLANNING DEPARTMENT James D. Hewicker irector JDH/gg before January 11, 1980, I will matter over to the City Attorney cc Bob Wynn, City Manager Hugh Coffin, City Attorney Bob Fowler,.Bui,lding Director Persian Treasure Rugs, 3329 East Coast Hichway,••Corona del Mar {fit Travel, 3331 fast Coast Highway, Corona del Mar Rochelle Robers Real Estate, 3333 East Coast Highway, Corona del Mar The Flower Seller, 3337 East -Coast Highway, Corona del -Mar January 7, 1980 City Planning Commission RE: Property located at 3331 E. Coast Hwy Corona Del Mar, California. Dear Sir: As per our telephone conversation I am requesting that you delete the wall between our above mentioned property and the property of Mr. & Mrs. Stossel Saida of 337 Marigold Ave. in Corona Del Mar. They have asked that I do not install the block wall between the parking lot and their property as they feel that it will block off most of the air circulation and they would not like the look of it. This wall would affect the air in their bedroom, kitchen and dining room. They have requested that we leave the wooden fence keeping it painted and in -good repair at all times. As these people are elderly and very pleasent I feel that if at all possible I would like to adhere to there wishes. We do have an,option on their house should they decide to sell and at that time z would be more than willing to install the block wall. I am enclosing a letter from Mr. & Mrs. Baida as to the above matter. JVE/ch Enc. i Thanking you in advance, /; Julius V. Evans 4'• I. A I Planning Commission' City Hall Newport Beach, California 92663 Re: Property located at 3331 E. Coast Hwy. Corona Del Mar Parking lot in the rear Dear Sirs: The subDect of this letter is the fence between the parking lot of the above mentioned property and my property. We as•oF•ners of this property would like to have the white wooden fence left as it is. We do not want a block wall errected between our property and the parking lot. Thank you, . `f,, i,✓--n (lam � f�/.�. �... f �'� 4 `lj� l i LO peo-+P ng FFQ� menr 8 <YgpCJ3f v� 198p� F A unique blend o f people and place Corona del Mar CHAMBER of COMMERCE February 5, 1980 TO: The Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 FROM: The Corona del Mar Chamber of Commerce SUBJECT: Parking Lot at 3334 E. Coast Highway The Board of Directors of the Corona del Mar Chamber of Commerce appreciate and understand the desire of the ow- ner of the property at 3334 E. Coast Highway making every effort to comply with the City's parking ordinance. The Corona del Mar Chamber has been on record requesting ad- ditional off-street parking throughout the business dis- trict, therefore, we are alarmed when any parking is de- leted. Just a few months ago, our Chamber requested that no off- street parking at Albertson's market be eliminated, and this was granted. Therefore, we feel that a, the loss of 14 parking spaces back of Wells Market; b. the loss of access from a one-way alley; c. poor traffic circulation; d. traffic conjestion as a result of traffic pattern; e. no access from alley when loading of merchandise at the market or for other tenants, needs to be corrected. The Board of Directors of the Corona del Mar Chamber of Commerce respectfully requests the removal of concrete bumpers and the restoration of parking to the original layout at the parking lot located behind Wells Market. gspectfully, Jerry Stewart President JS`rjh 2855 East Coast Highway * Post Office Box 72 * Corona del Mar, California 92625 * 714/673-4050 Feb. 3, 1980 To: City of Newport Beach Planning Commission Attn: Jim Hewicker 3300 Newport Blvd. _. Newport Beach, Ca. 92663 Dear Mr. Hewicker•: The City has required certain changes in the parking lot located behind Wells' Super Market at 3347 E. Coast Hwy., Corona del Mar. These changer include narrowing the driveway, restriping the parking spaces, putting in planters and parking bumpers. This has created some major problems f'or both businesses in the area and residents of the area, which are as follows: 1. The entry driveway Yeas been narrowed making entry difficult for all except compact cars. 2. The exit is now onto a narrow alley and it is impossible for very large cars or vans to negotiate the necessary turns. ' 3. The exit from the parking lot is into a narrow alley - lined with garages. Any activity in these garages, such as car washIng,'cleaaing, or moving blocks the exit and flow of cars. 4. During the week delivery trucks have to unload behind the storeg,blocking the alley for through traffic, and the new parking bumpers prevent cars from going around these trucks. 5. The elimination of 13 parking spaces has caused many people to shop elesewhere where there is enough parking,` which is a real hardship to the businesses here. 6. Many people have already driven their cars over the bumpers and into the planters and required assistance or towing to free their cars. Therefore we feel that the city should allow a variance in this parking lot so that we can restore the parking area .y -2- to its original layout. The following people support this position and would like to see this proposal seriously considered in the best interests of the local businesses and convenience to the community. Name Sincerely, Address l_ ��iC� �✓ i2 f �' /�h n .�Q At �c b .� 31s Coo Grl//— - -- Q�l 4 z-- �o1 6-- rota o'/' `G u - �- C-` D'A` 'VW WW p",, %//`•� / "� L_/ VJ/.YY_v.I.cVGviv,Vr..�nr __. _,.��„_.e.�u—.+�,/ - up/o-- �- -- - r 6 �l%�y JV06�/ 9 rj r- -- 4� Alt- - • 3z ,2<g - - - -- -- - .� -- � �"�`--- 0 .. E Si/ r 1 • S / �� �i � I I • i Aw 'GO ®M 'Agg '1l•'/%J I .3r p _ C;� ::? -,;? ".,� -0 UO v --L�' Maw• �� �7-LasL3 °l 2 83 0 Z- . 4A t m 4-- Wz- A /II `-9 ;)- D- I itJ - ��G l r7 O&VA C �L� jai 70l -- CITY F Ny"ggT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 February 1, 1980 Mr. Julius V. Evans 4709 Seashore Drive Newport Beach, CA 92660 Re: Off -Site Parking Agreement - 3331,'3337 East Coast Highway, Corona del Mar, CA Dear Mr. Evans: Pursuant to your conversation today with Mr. Jim Hewicker•, Planning Director, I am enclosing an original and one copy of the above -referenced Off -Site Parking Agreement. Please have your signature notarized and return the original to this office in the envelope provided. You may retain the copy for your files. Should you have any questions regarding this matter, please feel free to contact this office. Very truly yours, HUGIi R. COFFIN City Attorney enclosures ✓ xc: Jim Hewicker (w/o encl) S r•,E���veu FEe4 1980;- City Hall 3300 Newport Boulevard, Newport Beac � ' alifo nia- ' m,, m Planning Commission' City Hall Newport Beach, California 92663 Re: Property located at 3331 E. Coast Hwy. Corona Del Mar Parking lot in the rear Dear Sirs: The subject of this letter is the fence between the parking lot of the above mentioned property and my property. We as owners of this property would like to have the white wooden fence left as it is. We do not want a block wall errected between our property and the parking lot. Thank you, XA:--a-4 .,IYa. 6az;Let-I 0 0 Mr. Jim Hewicker Community Development Dept. 3300 Newport Blvd. Newport Beach, California 92663 August 13, 1979 Re: Property located at 3331 E. Coast Hwy Corona Del Mar, Calif. Dear Sir: As per our telephone conversation I am requesting that you delete the wall between our above mentioned property and the property of Mr & Mrs Stossel Baida of 337 Marigold Ave. in Corona Del Mar. They have asked that I do not install the block wall between the parking lot and their property as they feel that it will block off most of the air circulation and they would not like the look of it. This wall would affect the air in their bedroom, kitchen and dining room. They have requested that we leave the wooden fence keeping it painted and in good repair at all times. As these people are elderly and very pleasent i feel that if at all possible I would like to adhere to there wishes. We do have an option on their house should they decide to sell and at that time I would be more than willing to install the block wall. I am enclosing a letter from Mr & I¢rs Baida as to;~true above matter. Thanking you in advance, ius V. Evans JVE/be S #E enc . cocci vE Deve�'n0'7jt b Apn Ament --t ��d s 19T9,. IyEw ro '�� CAUF ON, EVANS PLUMBING 1539 Monrovia — Suite No. 22 • Newport Beach, California 92663 0 is ` S7ATE OF CALIFORNIA EDMUND O. BROWN JR., Cowhor CALIFORNIA COASTAL COMMIION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (210) 590.5071 (714) 846.0648 Application Number: Name of Applicant: COASTAL DEVELOPMENT PERMIT Is A-9-26-77-19' J. V. Evans 4709 Seashore Drive, Newport Beach Permit Type: ❑ Emergency ❑ Standard IAIAdministrative Development Location: 3331-57 E. Coast Hi �o1 , G�Oat�o�� 12 Corona Del Mar, CA Development Description: Construct 1165 sq. ft. retails addition to existing co commercial complex containing 4312 sq. ft. of grocery market, 225 sq. ft. of 2-chair barber shop & 2555 sq. ft'. of retail store use. Twenty on -site parking spaces for the development are provided across the alley to the south. These spaces are substandard in that they are 9 ft. wide instead of 10 ft. wide as recommend for commercial parking. I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: Prior to issuance of permit, applicant shall submit a deed restriction for cording that no less than 20 on -site ,parking spaces shall be maintained at all times to support the development intensity permitted by the subject so parking spaces shall not be altered in number, size location or or- ientation without express written permission from the California Coastal Commission. Condition/s Met On 4-10 -7'R By P .Page 1 of 2 Page 2 of 2 II The South Coast commission finds that: • A. The proposed development, or as conditioned, is: 1. The developments are in conformity with provisions of Chapter 3 of the California Coastal Act of 1976 and will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976. 2. If located between the nearest public road and the sea or shore- line of any body of water located within.the coastal zone, the development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act of 1976. 3. There are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available for imposition by this Commission under the power granted to it which would substantially lessen any significant adverse impact that the development, as finally proposed may have on the environment. III. Whereas, at a public hearing, held on November ate 28' 1977 at Huntington Beach by a 7 to 5 vote, permit application number A-9-26-77-1970 is approved. IV. This permit may,'not be assigned to another person except as provided in Section 13170,•Coastal Commission Rules and Regulations. V. This permit shall not become effective until a copy of this permit has been returned -to the Regional Commission, upon which copy all permittees or agent(s) authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. V1. Work authorized by this permit must commence within two years from the date of the Regional Commission vote upon the application. --Any extension of time of said commencement date must be applied for prior to expiration of the permit. VII. Issued on behalf of the South Coast Regional Commission on Anri 1 11 , 197_&_. , M. J. Carptnter� Executive Director dp/gm/sws I , permittee/agent, hereby acknowledge receipt of Permit Number A-9-26-77-1970 and have accepted its contents, ate signature 7/27/77 STATI OF, CALIFORNIA EDMUND G. BROWN 1R.. Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 7 666 E. OCEAN BOULEVARD, SUITE 3107 NOv�mber 2 , 1977 P.O. BOX 1450 LONG BEACH, CALIFORNIA0601 (714) _ Co) (213) 590-5071 (714) 846-46.0648 /�" •,(Ifs To: Commissioners t1' From:- Executive Director' r 9 Subject: Staff -Summary and Recommendations \y GOEJ\jpm00 0 Application No.: A-9-26-77-1970 RE-• p • Jot Attachments: 1. Site Location Map B V7®' it 2. Site Plan bi N0� 2 3. c1rrY e AcN, 4. NEwpCA�1V. >> 5. 6. ti 1. Administrative Action: - The application has been reviewed and is complete.. The 42-day, hearing period -expires J Public Hearing is scheduled for Continuations, (if any) were granted as follows: a. 10-24-77 Commission b• 1-1 2. Applicant: Or s full name 4709 Seashore Drive X Address Newport Beach CA 92660 ve's name 716 Mari of Avenue T,ddress Corona del Mar CA 92625 3. Project Location: (a) City or District Corona del Mar (b) County Orange (c) Street Address 3331-37 E. Coast Hwy. (d) Area is Zoned C-1 6-16-77 �•r - PROJECT DESCRIPTION: r sq. the alle to the south. These spaces are suo �a«ua 9 ft. wide instead of 10 ftwide as recommended fox a-MMEME21a arxin -- LOCATION DESCRIPTION & STREET ADDRESS: 'Southwest cornea' Avenue and East Coast H at 3331-57 E. Coast HWY. mM • DISTANCE FROM MEAN HIGH TIDE LINE: 1000 vds. OF Structures: TE SIZE• 2.rt1n2 11 NSITY• GROSS: IU 7T '�X• roYai 1 SilOi d-SITE PARKING: Prim 'andem = tOJECT HEIGHT: Above i I� F = 9895 SA.- ffit­ sq. ft. 20 Size = Size =o 20' Above AFG = Tfl one stor Approval in Concept - tvnw `` --- Health Dept.. - 3oc. - RWOCB - -2- Issues: _. 0 1. Parking 2. Public Access/Cumulative Adverse Impact Parking: Section 302,52(4) of the Act states as follows: "The location and amount of new development should maintain and enhance public access to the coast by: .(4) providing adequate parking facilities or pro- viding substitute means of serving the development with public transportation." The existing development requires on -site parking as follows: grocery market (4312 sq. ft.), ratio 1:150 - 29 spaces barber shop (2 chairs), ratio 3 spaces: 2 chairs 3 spaces retail stores (2555 sq. ft.), ratio 1:200 8 spaces _ Total required for existing 40 spaces Since only 20 spaces are provided the existing development is deficient by 20 spaces. The addition of 1165 sq. ft. of retail stores will require an additional 6 spaces increasing the deficiency to 26 spaces. Cumulative Adverse Impact on Public Access: Section 30250 of the Act states in part, as.follows: "(a) New development ..... shall be located..... where it will not have significant adverse effects, either individually or cumulatively, on coastal resources." On October 31, 1977 the Commission approved a permit for expansion of a commercial use at 2305 E. Coast Hwy. in Corona del Mar, which was deficient 26 parking spaces. In complying with the mitigating condi- tion the project will be deficient 14 spaces. In the near future the Commission will consider the expansion of a bank building located at 3451 E. Coast Hwy. in Corona del Mar which is deficient 28 spaces. The cumulative impact of these three applications including the pro- posed project is that the aggregate parking deficiency is 68 spaces for commercial use expansion in 1.6 miles of the seaward side of Coast Hwy. in Corona del Mar; and there is no reason to believe that the cumulative effect will end with these applications. In the past, where parking deficiency is minimal, staff has recommended the mitigating alternative of purchase of in -lieu parking certificates from the City of Newport Beach. However, staff has recently been -3- z i4 informed by the city staff that the City of Newport Beach does not have an adopted Parking Management Plan nor an established Parking District for the Corona del Mar area and the in-liue fees ($150.00 per space per year) are, in fact, placed in the City General Fund. The situation, then, is further aggravated by the fact that the city does not have a viable plan which would ameliorate the adverse cumu- lative impact of parking_deficiency resulting from commercial expan- sion. - It is staff's opinion that in addition to the aforementioned adverse cumulative effect of parking,deficiency and its effect on public access to coastal resources, approval of piecemeal commercial expan- sion without a viable parking management plan represents a premature commitment of local planning options which rightfully should be addressed in the Local Coastal Program. Findings: 1. The proposed development is deficient a total of 26 off-street parking spaces and is therefore not in conformity with Section - 30252(4) of the Act. 2. Approval of piecemeal commercial development with inadequate parking will result in a significant cumulative adverse effect on public access to coastal resources. The proposed project is then not in conformity with Section 30250(a) of the Act. 3. The City of Newport Beach does not hive•a,.viable parking manage- ment plan which could be used -as a mitigation measure -for the adverse cumulative impact of public access to coastal resources. 4. There are no feasible alternatives, or feasible mitigation mea- sures, as provided in the CEQA, available for imposition by this Commission under the power granted to it which would substantially lessen any significant adverse impact that the development, as finally proposed may have on the environment. 5. The proposed development is not in conformity with of Chapter 3 of the Act and will prejudice the ability government to prepare a local coastal program that is with said chapter. STAFF RECOMMENDATION: Denial Staff Planner Pickens 0 me the provisions of the local in conformity •2< 'l� i. irI e•`''s 1 .tip, i lima V..i` A• ciNe✓ I �I'^�( �j�{ ' D P5) W e �`/ � � /� YOB% ��/ 1 • . (i. !. -r3. Tx-. ira+i :e: 4: •_"jam l:o •``/\y �. tw�''�-I`', N b h i't•t v ./.�BY/�slt�i�' I •ice \�i�.r.M'e • -� 1 r SITE LCCATIOW ojblmnv -rz>w ` 1- I ;,�,c-. 'j•3 '.; :ice �...'GXISY. ttlAttl�5•t _ n U :, .. : A fAP r) ...i _ .•.4 zy '.�+ ,': �r12t1��,v't°�•+�•.�t* r ,�;!e� `'r. ' n � �4N._o!- .r •.'l ir' . Q �:.i.,.,f'<~'L"-'•tin.t'-rx+. Yi-{i•ervt�{`'N� ' � : t: _ r r�� Y�•y-4'fry4 ✓4tii ixr_V' ���t.�y� .l _ f.�: :•a n ry ,l'. ..._ ,•% rY— V M."3•t ri'/!lrJr%y {'LSi• f�.-,t+`-^�1.a••.rr "Trr r \_' �y. — •9�:: r" � 7 ' Y' • -•r': ��"ti �:"ryh•."C' aj �.' _.+rr'.ec'f"rNi.?'>:-.Nw� d :iv.. :'a. .. 7 • • - �� I�1bI1Wr � �'' •ten .rert. 1� ,�t. - r1 • _ '` ...�I` _, � : , .' �r ``'t+{t't9ttc�..�?.U,�cr•.-^. ._ {I • n�F .%�• a 14 31 — y1 • _ I :, -- � —.. \` GxlSf• �GhIIW IOT /A.cr pav¢oj` _ J D o • 'IlOroo'p-Istw..�nnoc i i ,16 t ft 0 9 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT (714) 640-2266 October 21, 1977 California Coastal Commission South Coast Re.gional Commission 666 East Ocean Boulevard, Suite 3107 P.O.Box 1450 Long Beach, California 90801 Re: Administrative Permit No. A-77-1970 of'J: V. Evans Gentlemen: We have been advised that the permit noted above will be reported on at your meeting of October 24, 1977 and that the Commission's staff has recommended the approval of said permit subject to the condition that: Prior to issuance of permit, applicant shall submit a notarized statement or receipt from the City of Newport Beach to verify that no less than 24 transferable park- ing permits for the proposed project are to be purchased from the City on an annual basis. This letter is to advise you that Mr. Evans' proposal has been reviewed and approved by both the Newport Beach Planning Commission and City Council and that Mr. Evans has agreed to enter into an off -site parking agreement with the City to provide the required parking for this project on property located directly behind the business at 329 and 331 Marigold Avenue in Corona del Mar. The alternative proposal recommended by your staff would be per- mitted under Section 12.44.125 of the Newport Beach Municipal Code which allows a business'to provide all or a portion of its required off-street parking in a municipal parking lot so long as the lot is within a reasonable proximity to the business to be useful. In this case we presume the lot your staff has in mind is the Municipal lot located approximately 300 feet west of the project on the west side of Marguerite Avenue between East Coast Highway and Bayside Drive. However, we wish to point out that in this. case the Commission's staff is also recommending that in lieu permits be purchased for other businesses on property separate but under the same ownership City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 California Coastal Commission October 21, 1977 Page 2 as the subject project. Section 12.44.125 of the Municipal Code specifically exempts existing businesses from the requirements noted above when said businesses are not enlarged or extended to occupy a greater area. There are many businesses in Newport Beach that do not meet present parking standards. It is neither possible nor reasonable to require compliance by all of them. We have no power to require compliance by two businesses just because one is being remodeled even though both are under the same ownership. - Very truly yours, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director ant Director - JDH/kk CC: J. V. Evans C*Y OF NEWPORT B*CH COUNCILMEN Fys if T� ons i ins s August 22, 1977 MINUTES INDEX District, property located at 4700 Surrey \ Drive; zoned A-1. (Attached with a report from the Community Development Department) (b) Proposed Ordinance No. 1750, being, AN District ORDINANCE OF THE CITY OF NEWPORT BEACH Map No. 9 AMENDING A PORTION OF DISTRICTING MAP NO. 9 0-1750 RECLASSIFY FROM THE "R-2" DISTRICT TO THE (1319) <"ROR-3"DISTRICT CERTAIN PROPERTY LOCATED AT TH STREET ON THE BALBOA PENINSULA, Planning scion Amendment No. 499, a request ini£i red by the Jerry Shof£ner Co., Newport Beach; operty located at 207-209-211-213 and 215 - th Street, on the westerly side of 19th Stree etween West Balboa Boulevard and West Bay Ave on the Balboa Peninsula. (Attached with a rep t from the Community Development Department) (c) Proposed Ordinance No. 1751, ng, AN Parking ORDINANCE OF THE CITY OF NEWPORT B ACH Requirement AMENDING SECTION 20.42.045 OF TITLE OF 0-1751 THE NEWPORT BEACH MUNICIPAL CODE PERTA NG (32F) TO PARKING REQUIREMENTS IN THE M-1-A DISTR T, Planning Commission Amendment No. 497, a request initiated by the City of Newport Beach. (Attached with a report from the Community Development Department) 2. The following resolutions were adopted: (a) Resolution No. 9170 authorizing the Mayor Off -site and City Clerk to execute an off -site parking Prkg/Julius agreement between the City of" ewport Beach - Evans and Julius V. Evans for the expansion of an R-9170 existing commercial building located at 3331 (2760) and 3337 East Coast Highwav, Corona del Mar. (A report from the Community Development Department attached) (b) Resolution No. 9171 authorizing the Mayor Of£-s e and City Clerk to execute an off -site parking P g/Josh agreement between the City of Newport Beach Slocum's and the Minney Family Trust for the R-9171 restaurant, Josh Slocum's,located at (2761) West Coast Highway. (A report fro he Community Development Departme attached) (c) Resolution No. 9172 aw ing a contract to Seal Coat Ted R. Jenkins for a 1977-78 Seal Coat Program • Program (Contr No. 1941). (A report from R-9172 the Public ks Director attached) (2762) (d) Res tion No. 9173 approving the Parcel Map Resub 548 r Resubdivision No. 548 and accepting the R-9173 offer of dedication of an easement for (2763) sidewalk and public utilities and vehicular access rights to Bristol Street North. (A .00 report from the Public Works Director attached) Volume 31 - Page 219 a C1 OF NEWPOR T BEOCH COUNCILMEN MINUTES mP0 9 ds G P RnLL CALL\v\tp \y`y\ August- 22. 1977 INDEX (e) Resolution No. 9174 authorizing the Mayor Resub 548 and City Clerk to execute a subdivision R-9174 agreement between the City of Newport Beach (2763) and the Irvine Industrial Complex (Resub No. 548) . ' (£) Resolution No. 9175 authorizing the Mayor PAU Trans and City Clerk to execute Program Supplement Projects No. 1 to Local Agency -State Agreement No. R-9175 07-5151 covering FAU funding for the Coast (2743) Highway -Dover Drive Improvements and the Upper Newport Bay Bridge Replacement. (A report from the Public Works Department attached) (g) Resolution No. 9176 authorizing the execution Tract 4692 of an amendment to the Declaration of R-9176 Covenants, Conditions and Restrictions of (15F) Tract 4692 (Park Lido) and authorizing the Director of Community Development to consent to future proposed amendments providing the mendments do not in any way prejudice or r duce the City's rights under the Declara- ti n of Covenants, Conditions and Restrictions. (A eport from the Assistant City Attorney atta hed) 3. The followi g communications were referred as indicated: (a) To staff, a letter from Mr. and Mrs. E. P. Anti -Litter Benson en oaing a newspaper clipping (2046) regarding urist litter. (Copies mailed to Council) (b) To staff for eply, a letter from Helen A. CdM State Anderson regar ng the conditions on the & City Carona del Mar tate Beach and enclosing a Bch Park copy of a letter she sent to the State Lands (630) Commission. (Cop es mailed to Council) (a) To staff for reply, a letter from the Public OrCo Health and Medical S rvices Department of Health Orange County advisin that there are new Services options that can be ma a to our Health (789) Services Agreement with the County. (Copies mailed to Council) (d) To the Pending Legislatio and Ethics No-fault, Committee, a letter from t City of Long Auto Ina Beach requesting support of heir City's (1429) resolution on the subject of o-fault Auto Insurance. (Copies mailed to ouncil) (e) To the City's representative to the Orange OrCo Div County Division of the League of California League Cities, two letters from the City of Cypress Calif urging support of their candidates for Cities League positions - Councilwoman Son a Sonju (2529) to serve on the Orange County Region 1 Park Study Committee, and Councilwoman Ali e Volume 31 - Page 220 RESOLUTION NO. 9 17 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR 'AND CITY -CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JULIUS V. EVANS FOR THE EXPANSION OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 3331 AND 3337 EAST COAST HIGHWAY, CORONA DEL MAR WHEREAS, there has been presented to the City Council Of the City of Newport Beach a certain Off -site Parking Agreement between the City of Newport Beach and Julius V. Evans for the expansion of an existing commercial building located at 3331 and 3337 East Coast Highway, Corona del Mar; and WHEREAS, the City Council has reviewed the terms and conditions of said -Off -site Parking Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City.of Newport Beach that said Off -site Parking Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 22nd day of August , 1977. Mayor ATTEST: City Clerk DDO/bc 8/18/77 City Council Melling August 22, 1977 August 17, 1977 TO FROM: Agenda Item No CITY OF NEWPORT BEACH City Council Department of Community Development H-2(a) SUBJECT: Off -site Parking Agreement Request to accept an off -site parking agreement for the required parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. LOCATION: Lot 3, Block X, Tract No. 323 (i.e. building site), located at 3331 and 3337 East Coast Highway, on the southerly side of East Coast Highway between Marguerite Avenue and Marigold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del Mar (i.e. off -site parking lot), located at 329 and 331 Marigold Avenue, on the northwesterly side of Marigold Avenue, in Corona del Mar. TONES: C-1 and R-1 APPLICANT: Julius V. Evans, Corona del Mar OWNER: Same as Applicant Application This application requests approval of an off -site parking agreement for the required parking spaces in conjunction with the expansion of an existing commercial building. In accordance with Section 20.30. 035 D. of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such.lot, and the owner or owners are entitled to the immediate possession and use thereof '(ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, pro- viding for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or addi- tional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. 0 TO: City Council - 2. 0 If de fired, adopt Resolution No. , authorizing the execu ion of an o f-site parking agreement with Julius V. Evans, Corona del Mar. Plannin mmission Recommendation At its meeti g of August 4, 1977, the Planning Commission oted (6 Ayes, 1 Absent') to of the approval of the requested off ite parking arrangement wi h the findings and subject to the condit ns of ap- proval as fo110 s: A. FINDINGS: 1. The off-sit�arking area is directly acro an alley from the sub'ect commercial site and, ther fore, is so located to be useful to the proposed velopment. 2. The off -site parking spaces will not cr ate undue traffic hazards in the surrounding ar In fact, the proposed parking layout of the s ject parking lot will create be ter vehicular man uverability and automobile storage han now exists. 3. The commercial site \ad the offs to parking lot are in the same ownershi 4. The City Traffic Engine& has objections with the off -site parking arrangemment. B. CONDITIONS: 1. That an off -site parking a r ement shall be approved by the City Council, guar teeing that a minimum of fifteen parking spaces sh 11 be provided on Lots 29 and 31, Block 239, Coron del jr, for the duration of the proposed expande commer ,ial building located at 3331 and 3337 East oast Highway. 2. That the off -site par ing lot shal'Y be improved with wheel stops and mark d with approve" traffic markers or painted white li es not less than\four inches wide in accordance with he approved park{g layout. 3. That signs be pro ided on the rear of� e proposed expanded commercial building indicating the following statement: "No arking - Loading Zone 0 ly." 4. That a solid m sonry wall with a rounded c ncrete cap shall be inst lled pursuant to Section 20, .045 B of the Newport each Municipal Code, Forwarded for the i formation and review of the City �ouncil is an excerpt from the d aft of the Planning Commission minu es of August 4, 1977, and a copy f the Planning Commission staff report dated July 28, 1977, which fullythe applicant's request. Respectfully s,Gbmitted, DEPARTMENT 0Y COMMUNITY DEVELOPMENT R. V. HOGAN, Director By Q' JAWS D. HEWI KER 1AWstant Director - Planning \JDHkk Attachments for City Council Only: 1) Draft of minutes of Planning Commission Meeting 8/4/77. 2) Planning Commission Staff Report dated 7/28/77 with attachments. • 0 TO: City Council - 2. Suggested Action If desired, adopt Resolution No. , authorizing the execution of an off -site parking agreement with Julius V. Evans, Corona del Mar. Planning Commission Recommendation At its meeting of August 4, 1977, the Planning Commission voted (6 Ayes, 1 Absent) to recommend the approval of the requested off -site parking arrangement with the findings and subject to the conditions of ap- proval as follows: A. FINDINGS: 1. The off -site parking area is directly across an alley. from the subject commercial site and, therefore, is so located to be useful to the proposed development. 2. The off -site parking spaces will not create undue traffic hazards in the surrounding area. In fact, the proposed parking layout of the subject parking lot will create better vehicular maneuverability and automobile storage than now exists. 3. The commercial site and the off -site parking lot are in the same ownership. 4. The City Traffic Engineer has no objections with the off -site parking arrangement. B. CONDITIONS: 1. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of fifteen parking spaces shall be provided on Lots 29 and 31, Block 239, Corona del Mar, for the duration of the proposed expanded commercial building located at'3331 and 3337 East Coast Highway. 2. That the off -site parking lot shall be improved with wheel stops and marked with approved traffic markers or painted white lines not less than four inches wide in accordance'with the approved parking layout. 3. That signs.be provided -on the rear of the proposed expanded commercial building indicating the following statement: "No Parking - Loading Zone Only." 4. That a solid masonry wall with a rounded concrete cap shall be installed pursuant to Section 20.30.045 B.of the Newport Beach Municipal Code. Forwarded for the information and review of the City Council is an excerpt from the draft of the Planning Commission minutes of August 4, 1977, and a copy of the Planning Commission staff report dated July 28., 1977, which fully describes the applicant's request. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, /p DDilrector P,.�.�0 , By Q. 7 JA S D. HEWICKER s stant Director - Planning JDH/kk Attachments for City Council Only: 1) Draft of.minutes of Planning Commission Meeting 8/4/77. 2) Planning Commission Staff Report dated 7/28/77 with attachments. 7 City Council Meeping August 22, 1977 ` Agenda Item No. H-2(a) CITY OF NEWPORT BEACH August 17, 1977 TO: City Council FROM: Department of Community Developmen SUBJECT: Off -site Parking Agreement R quest to accept an off -site parking agreement fo the required parking spaces in conjunction wit the expansion of an existi g commercial buil 'ng in Corona del Mar. LOCATION: Lot 3, lock X, Tract No. 323 (i.e. building site), located t 3331 and 3337 East Coast Highway, on the southerly side of East Coast ighway between Marguerite Avenue and Marigo d Avenue in Corona del Mar; Lo s 29 and 31, B1 ck 239, Corona del Mar (i.e. off-si a parking lot) located at 329 and 331 Marigold venue, on th northwesterly side of Marigold Avenue,\in Coronadel Mar. ZONES: C-1 and R-1 APPLICANT: Julius V. Evans'ona el Mar OWNER: Same as Applicant Application This application requests approval of an off-��ite parking agreement for the required parking spaces in c njunctiom.with the expansion of an existing commercial building. In accords ce with Section 20.30. 035 D. of the Newport Beach Municip 1 Code, thelanning Commission shall not recommend and the City Co ncil shall no`k approve off-street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as be useful in confection with the proposed use or uses o the building site or sites. (b) Parking on such lot will of create undue traffX in the surrounding area. (c) Such lot and the buildin site are in the same or the owners of the bui ding sites have a commship in such lot, and th owner or owners are ethe immediate possessio and use thereof (ownere off -site lot must be ow ership in fee or a leasinterest of a duration dequate to serve all pr uses on the building s'te or sites). (d) The owner or owners and the City, upon the approval of th City Council, execute a written instrument or instruments, approved as to form a d content by the City Attorney, pro- viding for the maint nance of the required off-street parking on such tot for the uration of the proposed use or uses on the building site or sites. Should a change in use or addi- tional use be propo1he ed, the off-street parking regulations applicable at the tme shall apply. Such instruments shall be recorded in the ffice of the County Recorder and copies thereof filed with Department of Community Development. COMMISSIONERS c 9 m a s s Cit ®# Newport Beech August 4, 1977 MINUTES aoLL c L INDUK 6. That a standard subdivision agreement7andsecurity I be provided to guarantee sattory completion of the public improvementst is desired to record the parcel map before the i rovements are constructed (parcel map must be r rded prior to obtaining a building permit). 7. That a minimum foot front yard setback shall be observed along .Surrey Drive frontage of the site and said s ack shall be reflected on Districting Map No. 33. Motion X Motion- was made that Planning Commission re mend A-498 Ayes X X X X X to the City CoUb cil'the approval of Amendment Absent X X 498. Item #3' Request to accept an offsite parking agreement. for OFFSITE the required parking spaces in conjunction with the PARK NG- expansion of an existing commercial building in GENT Corona del Mar. APPROVED _ Location: Lot 3, Block X, Tract No. 323 (i.,e. building site)'located at 3331 and .3337 East Coast Highway, on the _ southerly side of. East Coast Highway between.Marguerite`Avenue and Mari- gold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del -Mar (i.e. offsite parking lot) located at 329 and 331 Marigold Avenue, on the northwesterly side of Marigold Avenue, in Corona del Mar. Zones: C-1 and R-1. Applicant: Julius V. Evans, Corona del Mar Owner: Same as Applicant Discussion was opened in connection with this matter and Julius Evans, 4709 Seashore, appeared before the Commission and concurred with the staff report and recommendations. He answered questions 'Page 5. •COMMISSIONERS + • 1}•,� 9cM y� poi ��i92GtiC? �ity ®f Newport Beach MINUTES 's pin�tp,A C Auaust 4. 1977 ACLL CALL of the Commission and advised that the marked name spaces would probably remain, that the Goodwill has promised to remove the collection box from the premises, and that landscaping would be installed. There being no others desiring to appear and be heard, the public discussion was closed. Following discussion of various parking lot stand- ards, and especially those pertaining to walls anc Motion X wheel stops, Planning Commission made the followin Ayes X X X X X X findings: Absent X 1. The offsite parking area is directly across ar alley from the subject commercial site, and therefore, is so located to be useful to the proposed development. 2. The offsite parking spaces will not create undue traffic hazards -in the surrounding area. In fact, the proposed parking layout of the subject parking lot will create better vehicula maneuverability and automobile storage than nc exists. 3. The commercial site and the offsite parking lc are in the same ownership. 4. The City Traffic Engineer has -no objections with the offsite parking arrangement. an-d approved the offsi.te parking agreement, subjec to'the following conditions: 1.' That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 15•parking spaces shall be provided•on Lots 29 and 31, Block 239, Corona del Mar, for the duration of the proposed expanded commercial building located at 3331 and 3337 East Coast Highway. 2. That the offsite parking lot shall be improvec with wheel stops and marked with approved traffic markers or painted white lines not less than 4 inches wide in accordance with the approved parking layout. 3. That signs be provided on the rear of the pro- posed expanded commercial building indicating Page 6. .r 1w INDEX . �COMMISSIONEFIS /� • • vc��vf oo� �os9�yG�f2 Cott' of Newport Beach MINUTES oy Au4u5t 4, 1977 MOLL CALL tNORX the following statement. "No Parking - Loadin Zone Only." 4. That a solid masonry wall with a rounded concrete cap shall be installed pursuant to Section,20.30.045 B of the Newport Beach Municipal Code. Item #4 Request to create two parcels of land for single, RESUB- family residential development where a portion of 0iVT0N NO. 556• one lot now exists. Location: Portion of Lot 28, Newport Heights, APPROVED COND-I--- located at 647 Irvine Avenue, on the northwesterly side.of Irvine Avenue ANAL Y. AS between Margaret Drive and Holly Lane in Newport Heights. REVISED Zone: R-1 Applicant: Robert F•. McGiffin, Newport Beach Owner: S e as 'Applicant Engineer: Tri- ineering Service, Santa Ana Public hearing was open in connection with this matter. Frank Spangler, architect, ap ared before the Commission on behalf of the app 'cant a-nd concurre with the staff report. He emphas' ed several points outlined in the staff report nd felt this request was reasonable in view of the fact that the applicant has been turned down on p evious attempts to develop the property. Commissioner Balalis suggested splitting the property'in the opposite direction with an acce s easement to the rear parcel over the front parce which access easement could also be used as a common driveway for the two parcels. Planning Commission discussed this configuration with Mr. Spangler and Mrs. McGiffin and they concurred this would be an adequate solution. Page 7. I Planning Commission Meeting August 4, 1977 CITY OF NEWPORT BEACH July 28, 1977 Item No. 3 TO: Planning Commission FROM: Department of Community Development SUBJECT: Offsite Parking Agreement (Continued Discussion) Request to accept an offsite parking agreement for the required parking spaces in conjunction with the expan- sion of an existing commercial building in Corona del Mar. LOCATION: Lot 3, Block X, Tract No. 323 (i.e. building site) located at 3331 and 3337 East Coast Highway, on the southerly side of East Coast Highway between Marguerite Avenue and Marigold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del Mar (i.e. offsite parking lot) located at 329 and 331 Marigold Avenue, on the northwesterly side of Marigold Avenue, in Corona del Ma r.. ZONES: C-1 and R-1 APPLICANT: Julius V. Evans, Corona del Mar OWNER: Same as Applicant Application This application requests approval of an offsite parking agreement for the required parking spaces in conjunction with the expansion of an existing commercial building. In accordance with Section 20.30. 035 D. of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue.traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval'of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, pro- viding for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or addi- tional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Item No. 3 I TO, Planning Commission - 2. ironmental S Thi� project has been reviewed, and it has been determined that it is cateJJorically exempt under Class 1 (Existing Faci1, ties) and Class 11 (Acce Aory Structures) from the requirements of 1:6 California Environ- mental Qualities Act. The Land Us� Element of the General plan designates the commercial site for "Reiail and Service Commercial" and "Administrative, Pro- fessional an' Financial Commercial" uses. The proposed commercial use falls within the permitted uses. The area is also designated for a Specific Area Plan. The question of parking tots in a residen- tial district adjoining a commercial district is not addressed by the General Plan. and Use � A one story building with mixed commercial uses is located on the property in question. To the north, across East Coast Highway, are commercial uses; to th southeast, is tpe Coast Supermarket and the Coast Barber Shop on a eparate lot but also owned by the applicant, to the south, across a 1 foot wide alley, is an offsite parking lot on two R-1 lots for a commercialuses fronting on East Coast Highway and then a single amily dwelling; and to the northwest, are commercial uses, and acros a 14 food wide alley, are apartment build- ings fronting on Marguerite enue.� Analysis \\\ 1 The applicant proposes to expa building on the property in que t feet of commercial space is prop existing 2,52i3 square foot j: buii encroach to within 18 feet ± of t a 14 foot wide alley. The Code %r yard setback be maintained in t,e Parking Requirements The proposed 1,209 square f 47 percent of the existing Section 20.30.030 B(3) of t nonconforming use is enlarg area, the property on whit with the current parking r of said requirement is auth 6e existing one story commercial on. Approximately 1,209 square ed to be added to the rear of the w�nrearTpropertysed linedadjacentwill q ires that a minimum 10 foot rear C-) District when abutting an alley. o It i additil�n constitutes approximately 2 528 square oot * structure on the site. e Municipal Code provides that when a 6d by more tha to percent of its existing it is located hail be required to comply quirements, unl s a waiver or reduction orized by use pe4it. Fifteen (15) offstreet pArking spaces would RV required for the expanded development on the site based upon one parka g space for each 250 square feet of floor ar a (i.e. 3,737 sq.ft. 250 - 15 spaces), The applicant is requesting the approval of an site parking agree- ment for the required 5 parking spaces in the a fisting parking lot to the south of the b ilding site, across a 14 fo t wide alley. Existing Parking Lot The subject parking Pot has been utilized for vehicular storage for employees and custo ers of the commercial uses on thb,subject property and the adjoining C ast Market site ever since the buildings were constructed over 27 years ago. The parking lot use on two R-1 lots was established prior to the time that a use permit was required for commercial parking lots in a residential district. Voluntary Parking Spaces No parking spaces were required by Code when the commercial uses were constructed on the subject property. The existing offsite parking Item No. 3 TO: Planning Commission - 2. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) and Class 11 (Accessory Structures) from the requirements of the California Environ- mental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the commercial site for "Retail and Service Commercial" and "Administrative, Pro- fessional and Financial Commercial" uses. The proposed commercial use falls within the permitted uses. The area is also designated for a Specific Area Plan. The question of parking lots in a residen- tial district adjoining a commercial district is not addressed by the General Plan. Subject Property and Surrounding Land Use A one story building with mixed commercial- uses is located on the property in question. To the north, across East Coast Highway, are commercial uses; to the southeast, is the Coast Supermarket and the Coast Barber Shop on a separate lot but also owned by the applicant; to the south, across a 14 foot wide alley, is an offsite parking lot on two R-1 lots for the commercial uses fronting on East Coast Highway and then a single family dwelling; and to the northwest, are commercial uses, and across a 14 foot wide alley, are apartment build- ings fronting on Marguerite Avenue. Analysis The applicant proposes to expand the existing one story commercial building on the property in'question. Approximately 1,209 square feet of commercial space is proposed to be added to the rear of the existing 2,528 square foot ± building. The proposed addition will encroach to within 18 feet ± of the rear property line adjacent to a 14 foot wide alley. The Code requires that a minimum 10 foot rear yard setback be maintained in the C-1 District when abutting an alley. Parking Requirements The proposed 1,909 square foot ± addition constitutes approximately 47 percent of the existing 2,528 square foot ± structure on the site. Section 20.30.030 B(3) of the Municipal Code provides that when a nonconforming use is enlarged by more than 10 percent of its existing area, the property on which it is located shall be required to comply with the current parking requirements, unless a waiver or reduction of said requirement is authorized by use permit. Fifteen (15) offstreet parking spaces would be required for the expanded development on the site, based upon one parking space for each 250 square feet of floor area (i.e. 3,737 sq.ft.± j 250 > 15 spaces). The applicant is requesting the approval of an offsite parking agree- ment for the required 15 parking spaces in the existing parking lot to the south of the building site, across a 14 foot wide alley. Existing Parking Lot The subject parking lo•t has been utilized for vehicular storage for employees and customers of the commercial uses on the subject property and the adjoining Coast Market site ever since the buildings were constructed over 27 years ago. The parking lot use on two R-1 lots was established prior to the time that a use permit was required for commercial parking lots in a residential district. Voluntary Parking Spaces No parking spaces were required by Code when the commercial uses were constructed on the subject property. The existing offsite parking Item No. 3 0 0 Planning Commission Meeting August 4, 1977 CITY OF NEWPORT BEACH July\28, 1977 Item No. 3 TO: Planning Commission FROM: Department of Community Develop ent SUBJECT: Offsite Parkin Agreement Co tinued Discussion Request to accept an offsite arking agreement for the equired parking spaces in c njunction with the expan- sion of an existing commerci 1 building in Corona del Ma . LOCATION: Lot 3 Block X, Tract No. 23 (i.e. building site) Iocat6d at 3331 and 3337 E st Coast Highway, on the southe ly side of East Co st Highway between Marguerite Avenue nd Marigold Avenu in Corona del Mar; Lots 29 and 31, lock 239, Coron del Mar (i.e. offsite parking lot) loca ed at 329 and 31 Marigold Avenue, on the northwesterly side of M rigold Avenue, in Corona del Mar. \1 ZONES APPLICANT OWNER: Application C-1 and R-1 Julius V. Evan Same as Applic This application requests approv for the required parking spaces of an existing commercial build 035 D. of the Newport Beach Mu +i shall not recommend and the T; parking on a separate lot frotq t Corona del Mar �1 o S an offsite parking agreement in co unction with the expansion ng. I accordance with Section 20.30. cipal C de, the Planning Commission Council shall not approve off-street he builds g site or sites unless: (a) Such lot is so loco ed as to be u fuI in connection with the proposed use; uses on the bu lding site or sites. (b) Parking on such lot will not create due traffic hazards in the surroundin area. (c) Such lot and the building site are in t same ownership, or the owners of the building sites have common owner- ship in such la . and the owner or owners re entitled to the immediate ?dequate ssession and use thereof (o nership of the off -site lot mt be ownership in fee or a 1 asehold interest of a duration to serve all proposed ses on the building site sites). \ (d) The owner or ners and the City, upon the approv'a.) of the City Council, execute a written instrument or instruments, approved as t form and content by the City Attorney, pro- viding for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or addi- tional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Item No. 3 r TO: Planning Commission - 3. lot has been maintained on a voluntary basis over the years. Therefore, a single family dwelling could legally be constructed on both of the R-1 lots and the subject parking lot could be eliminated. The recent recommended change to the Ordinance noted below would not affect this situation. At its meeting of July 7, 1977, the Planning Commission recommended the approval of Amendment No. 496. If approved by the City Council, said amendment will provide that when a use, building or building site is changed or altered to conform or more nearly conform to current requirements, it may not thereafter be made to less nearly conform with the requirements of the Zoning Code. In other words, on -site parking provided on a voluntary basis would be considered to be required park- ing and the spaces so provided could not be eliminated or used to satisfy requirements for the enlargement of the use-. However, in this particular case, the parking has been provided on a voluntary basis off -site across an alley on separate lots from the commercial site and is not covered by the proposed amendment. Revised Parking Layout The applicant proposes to restripe the existing offsite .parking lot with 20 conforming parking spaces. The existing lot now has 29 undersized parking spaces that encourages automobiles to partially park in the existing alley. The City Traffic Engineer has no objections with the proposed parking lot design. It appears that a reduction in the number of parking spaces will not create a traffic problem. A field survey by staff on Friday, July 8, 1977, at 3:00 P.M. revealed that only six automobile's were parked in the subject offsite parking lot. Specific Findings and Recommendation Staff recommends the approval of an offsite parking agreement for the required parking spaces for the expanded commercial building and suggests that the Planning Commission make the following findings in connunction with the applicant's request: 1. The offsite parking area is directly across an alley from the subject commercial site, and therefore, is so located to be useful to the proposed development. 2. The offsite parking spaces will not create undue traffic hazards in the surrounding area. In fact, the proposed parking layout of the subject parking lot will create better vehicular maneuverability and automobile storage than now exists. 3. The commercial site and the offsite parking lot are in the same ownership. 4. The City Traffic Engineer has no objections with the offsite parking arrangement. Approval of the offsite parking agreement is recommended, subject to the following conditions: That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 15 parking spaces shall be provided on Lots 29 and 31, Block 239, Corona del Mar, for the duration of the proposed expanded commercial building located at 3331 and 3337 East Coast Highway. 2. That the offsite parking lot shall be marked with approved traffic markers or painted white lines not less than 4 inches wide in accordance with the approved parking layout. That signs be provided on the rear commercial building indicating the "No parking - loading zone only." of the proposed expanded following statement. Item No. TO- Planning Commission - 4. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOG�AN, DIRECTOR By am aycoWj Senior Planna WRL/sh Attachments: Vicinity.Map Assessor's Parcel t�ap Letter fromr,Applir�ant dated July 20, 1977 Plot Plan j Floor Plans, tlevations Item No. 3 TO: Planning Commission - 4. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR am WRL/s Attac TO: Planning Commission - 3. , lot has been maintained on a voluntary basis over the years. ✓Therefore, single family dwelling could legally be constructed on bot of the l lots and the subject parking lot could be eliminated. t e recent re ommended change to the Ordinance noted below would not a fect this sit ation. At it!�.,meeting of July 7, 1977, the Planning Commission fecommended the approval of Amendment No. 496. If approved by the Vity Council, said amendment will provide that when a use, building building site is changed or altered to conform or more nearly confor to current requirement$, it may not thereafter be made to less n arly conform with the requirements of the Zoning Code. In other words on -site parking provided on a voluntary basis would be considered t be required park- ing and the spaces so provided could not be elimin ted or used to satisfy requirements for the enlargement of the u . However, in this particular case, -the parking has been provided on avoluntary basis off -site across an.alley on separate lots from t e commercial site and is not covered by t: a proposed amendment. Revised Parking Layout. The applicant proposes tp restripe the exist.ng offsite.parking lot with 20 conforming parking spaces. The exiting lot now has 29 undersized parking spaces that encourages Yutomobiles to partially park in the existing alley.\,The City Traffic Engineer has no objections with the proposed parking lob design. It appears that a reduction in the number of parking spaces will not cr ate a traffic problem. A field survey by staff on Friday, Julk,,8, 1977 at 3:00 P.M. revealed that only six automobiles were parked in tke sub ect offsite parking lot. Specific Findings and Recommendation Staff recommends the approval of an,bffsite parking agreement for the required parking spaces for the expanded commercial building and suggests that the Planning Commiss on m4ke the following findings in connunction with the applicant's equesti 1. The offsite parking are is directly across an alley from the subject commercial/site, and therefore, is so located to be useful to the pq`oposed develodTent. 2. The offsite parking Apaces will not date undue traffic hazards in the surr unding area. In f fit, the proposed parking layout of Yhe subject parking lad will create better vehicular maneuverability and automobile torage than now exists. 3. The commerci/gement. e and the offsite parking` of are in the same ownersh 4. The City Trangineer has no objections wit the offsite parking arra Approval of the offs to parking agreement is recommended, subkect to the following condi ions: 1. That an olffsite parking agreement shall be approved by the City Cou cil, guaranteeing that a minimum of 16 parking spaces shall bV provided on Lots 29 and 31, Block 239, Corona del Mar, for the duration of the proposed expanded commercial building locate at 3331 and 3337 East Coast Highway. 2. Thahe offsite parking tot shall be marked with approved traffic markers or painted white lines not less than 4 inches widq in accordance with the approved parking layout. 3. That signs be provided on the rear of the proposed expanded commercial building indicating the following statement. "No parking - loading zone only." Item No. 3 y-EE MAP, NO. �7 OFFSITE PARKING LOr lG. jCY ORO Ab.GlU (Hn.1Y <o/1 b✓Rnr/6/k Uy ?.}'{fAH R-/A.M1P ORP Ab Y)!<OTA. TRn er/Ole <orv.h ven ar "Ia..e.(wr C a+o xe u° oReR..rrw>< eax MRw rw°b R•° n"v' �i iv. unr wig �er;k�fi r�V�e/N�ro<iJrr NO bao aFEET QAY c sEE MAo No. r rv879CT °PROPERTY , y° cr ,9 �•o\ ca E o 9.r P ti \ `rs ep\ 9.r � Q 9i � qY r A V ( I A N,ph-q r 9.7 F5 DISTRICTING MAP NPORT BEACH — CALIFORNIA AGRICULTURAL RESIDENTIAL R'-A NULTIPLE pgSIDENTIAL SINGLE FAMILY RESIDENTIAL O—I C-2 LIGNT COAINERGIAL GENERAL COMMERCIAL DUPLEX RESIDENTIAL RTST`D. MULTIPLE FAMILY RESIDENY AL M—I MANUFACTURING ORD-ND 035 COMBINING DISTRICTS UNCLASSIFIED DEC. M. IPSD 1 Onohl+ Tn Feet Shown Thus :-10- OFF5ITE PARKING ACTOSMENT BUILDING CONTRACTOR 716 MARIGOLD AVENUE CORONA DEL MAR, CALIFORNIA 92625 Phone: Area (714) 640-7960 License *2001 July 20. 1977 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif. 92660 Gentlemen: I recently purchased the property at the Southwest corner of East Coast Highway and Marigold Avenue. I wish to upgrade and improve a portion of the property at 3331 and 3337 East Coast Highway, AKA Lot 3, Blk. X, Tract 3239 according to the plans submitted. The intent is to add 1209 sq. ft. The existing first floor is 2528 sq. ft., making a total of 3737 sq- ft. This total area would require 15 parking spaces. We have an available 20 spaces. These changes will eliminate a hazardous condition which now exists between the alley and the existing structures. The steep, slippery asphalt surfaced area will be replaced with a concrete loading area, walks and steps with handrails. We intend to tie the existing parking across the alley to the proposed addition by an off -site parking agreement. The parking is on two R-1 lots located at 329 and 331 Marigold Avenue, AKA, lot 29 and 319 Block 239, Tract 3/41, 42• At present I observe that these parking spaces are used to abouf 50Yo capacity. Thank you for your consideratilbn of this proposal. Sincerely yours, ) JM.ius V.Evans COMMISSIONERS • • < ti �� City --of Newport Beach o,� ��o v� �,� do July 21, 1977 MINUTES INDEX ROLL L 5. That the location and design of the driveway approaches on Birch Street be reviewed and �N approved by the Traffic Engineer. (Extension of the raised median.island in Birch Street may be necessary). 6. T %the location of on -site fire hydrants, i required, be subject to review and approval o the Fire epartment and the Public Works Department. 7. That a standard u,l,division agreement with accompanying security.�be provided if it is desired to record the p cel map or obtain a building permit beforeihe required public improvements are completed. 8. That there be.a document recorded tisfactor to the City Attorney and the Director`Kf Community Development providing for comman, access to each of the adjoining streets and"� parking for each of the four parcels. Item #5 _ Request to accept an offsite parking agreement OFFSITE PARKING for the required parking spaces in conjunction an existing commercial AGREE E with the expansion of building in Corona del Mar. CONT. T Location: Lot 3, Block X, Tract No. 323 (i.e. AUGUST building site). located at 3331 and 3337 East Coast Highway, on the southerly side of East Coast Highway between Marguerite Avenue and Mari- gold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del Mar. (i.e. offsite parking lot) located at 329 and 331 Marigold_A.ve•nue,--on --' the northwesterly side of Marigold Avenue, in Corona del Mar. Zones: C-1 and R-1 Applicant: Julius V. Evans,,Corona del Mar Owner: Same as Applicant Page 9. I I COMMISSIONERS • City of Newport Beach 1111v 91 _ 1977 MOLL CALL Motion Ayes Absent Motion X X X X X X X X X %N Planning Comi meeting of A, Request to c Title 20 of they pertain sign reguTat Initiated by Planning Comi Ayes X X X X Nzeting of A Absent X X X \ \ Nlp Request to+ commercial b es'tabl i s hmen (2) the expa _ Restaurant w beverages wi district and 2-story cock dancing and 200 feet of waiver of th Location: r Zone: Applicant: Owner: Richard Lawr the Commissi He advised t oission continued this matter to the lgust 4, 1977. )nsider an amendment to Title 15 and :he Newport Beach Municipal Code as to the recodification of existing ions. The City of Newport Beach nission continued this matter to the igust 4, 1977. -rmit the remodeling of an existing hding that will include (1) 'the t a new "take-out" restaurant, lsioWk of the existing "Alley West" ith e"SI ting on -sale alcoholic thin 20011114feet of a residential (3) the e"sstablishment of a new tail lounged+ith live entertainment, )n-sale alcohb is beverages within residential d trict, and (4) a e required parkin ,spaces. MINUTES Lot 19, Block 21, NEAport Beach Trac located at 2106 West mean Front on the northwe°sterly corne of West Ocean Front and McFadden' ace, in McFadden Square. +y C-1 Richard Lee Lawrence, Newport Bea Same as Applicant ence, 505 29th Street, appeared befor on and gave an oral progress report. hat parking and the cost'of remodelin Page 10. 1:1-1 V CONT. Planning Commission Aing July 21, 1977 Item No. CITY OF NEWPORT BEACH July 15, 1977 TO: Planning Commission FROM: Department of Community Development SUBJECT: Offsite Parking Agreement (Discussion) Request to accept an offsite parking agreement for the required parking spaces in conjunction with the expansion, of an existing commercial building in Corona del Mar. LOCATION: Lot 3, Block X, Tract No. 323 (i.e. building site) located at 3331 and 3337 East Coast Highway, on the southerly side of East Coast Highway, between Marguerite Avenue and Marigold Avenue in Corona del Mar; Lots 29 and 31, Block 239, Corona del Mar (i.e. offsite parking lot) located at 329 and 331 Marigold Avenue, on the northwesterly side of Marigold Avenue, in Corona del Mar. ZONES: C-1 and R-2 APPLICANT: Julius V. Evans, Corona del Mar OWNER: Same as Applicant. Recommendation The Staff requests that this matter be continued to the meeting of August 4, 1977. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR BY J William R. Laycock Cl Senior Planner WRL/dlt Item No. 5 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST z-I- r ///(o &14� LIADVANCE PLANNING DIVISION ❑PUBLIC WORKS DEPARTMENT 0 TRAFFIC ENGINEER []FIRE DEPARTMENT []PLAN REVIEW DIVISION La RKS & RECREATION fP LICE DEPARTMENT ❑ MARINE SAFETY [] GENERAL SERVICES APPLICATION OF Julius T. Evans DateJune 29, 1977 $]PLANS ATTACHED (PLEASE RETURN)I QPLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION usI-b16e FOR A CN/XBCI(ANa Parking Agreement []USE PERMIT ❑RESUBDIVISIO QTRACT MAP ON A REQUEST TO accept an off -site parking agreement for the required Parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. ON LOT BLOC ADDRESS 329 & 331 Marigold Avenue, Corona del Mar REPORT REQUESTED BY 7/7/77 COMMISSION REE,VV�IEW_ 7/P1/77 COMMENTS JUL 131977Q TRACT SIGNATURE DATE CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST LJADVANCE PLANNING DIVISION P11 BLIC WORKS DEPARTMENT RAFFIC ENGINEER CIFIRE DEPARTMENT QPLAN REVIEW DIVISION EIPARKS & RECREATION ❑POLICE DEPARTMENT O MARINE SAFETY QGENERAL SERVICES APPLICATION OF Julius T Eva FOR A Date, June 29 '1977 ]PLANS ATTACHED (PLEASE RETURN) [jPLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION ns Off -site ERWA6Cunl Parking Agreement []USE PERMIT []RESUBDIVISION QTRACT MAP ON A REQUEST TO accept an off -site parking agreement for the required -parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. ON LOT LOCK ADDRESS 329 & 331 Marigold Avenue, Corona del Mar REPORT REQUESTED BY 7/7/77 COMMISSION REVIEW 7/P1/77 COMMENTS - 1i 1 19 PArN, I Iffil- a! ANN TRACT N C1 ry CA .AUF EACH IGNATURE i-') - DATE CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST PVANCE PLANNING DIVISION BLIC WORKS DEPARTMENT ❑TRAFFIC ENGINEER ❑FIRE DEPARTMENT QPLAN REVIEW DIVISION ❑PARKS & RECREATION ❑POLICE DEPARTMENT []MARINE SAFETY GENERAL SERVICES APPLICATION OF Julius T. Evans FOR A Utt-Site EVXARXARO:Q Parking Agreement Date June 29.'1977 ]PLANS ATTACHED (PLEASE RETURN)l EJPLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION []USE PERMIT ❑RESUBDIVISION QTRACT MAP ON A REQUEST TO accept an off -site parking agreement for the required parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. — ON LOT LOCK ADDRESS 329 & 331 Marigold Avenue, Corona del Mar REPORT REQUESTED BY 7/7/77 COMMISSION REVIEW 7/P1/77 COMMENTS A,o^/4E-- c," F J , U �ii d,�itp JUL TRACT SIGNA I URE DATE CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST UADVANCE PLANNING DIVISION UPUBLIC WORKS DEPARTMENT ❑ TRAFFIC ENGINEER G�FIRE DEPARTMENT QPLAN REVIEW DIVISION UPARKS & RECREATION ❑POLICE DEPARTMENT ❑ MARINE SAFETY UGENERAL SERVICES APPLICATION OF Julius T. Evans ff-site FOR A C$V(A(RXA(D(DIDI Parking Agreement Date June_29,'1977 $]PLANS ATTACHED (PLEASE RETURN)I ❑PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION ❑USE PERMIT ❑RESUBDIVISION []TRACT MAP ON A REQUEST TO accept an off -site parking agreement for the required 1 ON LOT unction with the exaa BLOC ADDRESS 329 & 331 Marigold Avenue, Corona.del Mar REPORT REQUESTED BY_ 7/7/77 COMMISSION REVIEW 7/P1/77 TRACT COMMENTS i, All construction shall conform to the Uniform Building Code - 1973 Edition. NATURE JUL 61977 DATE 0 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST r,�M &-�v L<DVANCE PLANNING DIVISION QPUBLIC WORKS DEPARTMENT ❑TRAFFIC ENGINEER ❑FIRE DEPARTMENT QPLAN REVIEW DIVISION CIPARKS & RECREATION ❑POLICE DEPARTMENT ❑ MARINE SAFETY Q GENERAL SERVICES APPLICATION OF FOR A s T. Evans utt-site Ci(1ARxIXak Parking Agreement QRESUBDIVISIO Date June 29.'1977 91PLANS ATTACHED (PLEASE RETURN)l QPLANS ON FILE ORDINANCE DIVISION []USE PERMIT []TRACT MAP IN ZONING AND ADMINISTRATION ON A REQUEST TO accept an off -site parking agreement for the required Parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. ON LOT M ADDRESS 329 & 331 Marigold Avenue, Corona.del Mar REPORT REQUESTED BY_ 7/7/77 COMMISSION REVIEW 7/21/77 COMMENTS TRACT SIGNATURE v AT CITY OF NEWP'ORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST 2'14- -�� . UADVANCE PLANNING DIVISION OPUBLIC WORKS DEPARTMENT []TRAFFIC ENGINEER []F�RE DEPARTMENT LAN REVIEW DIVISION OPARKS & RECREATION OPOLICE DEPARTMENT ❑ MARINE SAFETY OGENERAL SERVICES APPLICATION OF Julius T. Eva FOR A UTT-site E1%XX(kAX(Kk Parking A.greement ❑RESUBDIVISION Date June 29,1977 91PLANS ATTACHED (PLEASE RETURN.) OPLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION [JUSE PERMIT []TRACT MAP ON A REQUEST TO accept an off -site parking agreement for the required parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. ON LOT BLOC ADDRESS 329 & 331 Marigold Avenue, Corona.del Mar REPORT REQUESTED BY 7/7/77 COMMISSION REVIEW 7/P1/77 COMMENTS TRACT SIGNATU DATE L • CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST LVIHDVANCE PLANNING DIVISION RPUBLIC WORKS DEPARTMENT RAFFIC ENGINEER IRE DEPARTMENT PLAN REVIEW DIVISION QBARKS & RECREATION POLICE DEPARTMENT ❑ MARINE SAFETY D GENERAL SERVICES Date June 29,1977 KIPLANS ATTACHED (PLEASE RETURN) QPLANS ON FILE ORDINANCE DIVISION APPLICATION OF Julius T. Evans Off -site FOR A 11'XXRXA1Xak Parking Agreement nUSE PERMIT ❑RESUBDIVISION []TRACT MAP IN ZONING AND ADMINISTRATION ON A REQUEST TO accept an off -site parking agreement for the required .parking spaces in conjunction with the expansion of an existing commercial building in Corona del Mar. ON LOT LOC ADDRESS 329 & 331 Marigold Avenue, Corona.del Mar REPORT REQUESTED BY 7/7/77 COMMISSION REVIEW 7/21/77 COMMENTS TRACT SIGNATURE DATE 0. INSPECTION DEPARTMENT Correction Sheet CITY OF NEWPORT BEACH NEWPORT BEACH, CALIF. Owner __________________________ (Permit No. Date Street REMARKS - b3 "!!t A.. v )AC + t.ti AE cJ Return this sheet to office after alterations have been made. Inspector --A0 6 2,r .� N I I. 3A,yo 3vrs.cve m u o' r L � .rsyo� k�, i sm, lea 17 of - tj!E�k,g - rpm fro r `QW4�E •'-4 :i �Yi•pT•%+f9:6:S'ti aY.rT♦ •.•_ _ ' xx •'y. �:� : to ..f�C- •a^.t:+.�.^�T.; `e" �;r.'.��" _ — _ _ .: Jl- » •- � ^ i -•--. r. ,. c o -Q aj+_ � �� f.d a pearl ..0 0. S��4t� sr1�tr•4-V�i' \•. - n� �- - 1 • .fe` � '� i.J ti_t; ��. 11 i'�At/ ly� �•'T - .: a• 4=• <t;�`-.- \� s3' Sri :'_ � - - .. � IS-••- :...-;:; ----'inn. v_- r •' .��� r • T (A,, pvzoj� �•• D •rr -tn 'iC�•�m1C:'—"•rY••ST•J`1O®_a _r—�r—�-_. I-_ \.r_: 1 i •�.� � 1 n RECORDING REQUD BY AND WHEN RECORDED kE,. RAT TO: ` City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California Space Above This Line for Recorder's Use Only OFF -SITE PARKING AGREEMENT Julius V. Evans 3331, 3337 East Coast Highway, This Agreement is made and entered into this day of , 1977 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and JULIUS V. EVANS, hereinafter referred to as "Owner". RECITALS: W I T N E S S E T H: A. Julius V. Evans is the owner of certain real property located at 3331 and 3337 East Coast Highway, Newport Beach, County of Orange, State of California, and more particularly described as: Lot 3, Block "X", Tract 323, as shown on a map recorded in Book 14, Page 40 and 41 of Miscellaneous Maps, Records of Orange County, California hereinafter referred to as Parcel "A". B. Owner proposes to expand the existing commercial building located on Parcel ".A", which addition will require Owner to provide fifteen (15) off -site parking spaces; and C. Owner owns certain real property located at 329 and 331 Marigold Avenue, Newport Beach, Orange County, State of California and more particularly described as: Lots 29 and 31, Block 239, Corona Del Mar Tract, recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange County, California hereinafter referred to as Parcel "B"; and D. Owner desires to provide the parking for. Parcel "A" ob on Parcel "B"; and E. The Planning Commission of the City of Newport Beach approved an off -site parking agreement to allow Owner to provide the necessary off-street parking required for Parcel "A" on Parcel "B"; and F. The City Council of the City of Newport Beach considered the provisions of Section 20.30.035 of the Newport Beach Municipal Code and determined that the off -site parking agreement should be approved at their meeting held on August 22, 1977. NOW, THEREFORE, in consideration of -the foregoing, IT IS AGREED by and between the parties hereto as follows: 1. For so long as the building located on Parcel "A",. as expanded, is used for commercial purposes, Owner will provide off -site off-street automobile parking on Parcel "B" containing not less than fifteen (15) spaces. 2. In the event said fifteen (15) off-street auto- mobile parking spaces referred to in paragraph 1 above should be terminated or lost to Owner, Owner will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be.approved by the City. If the substitute parking spaces are not so obtained, Owner will reduce the usable square footage of said building.on Parcel "A" so as to reduce the parking requirement of said structure to a level consistent with off-street parking available to Owner, required by the City of Newport Beach's parking standards then in effect, or terminate the commercial use on Parcel "A". 3. This Agreement shall run with the property described as Parcel "A" and shall bind the heirs, successors in interest and assigns of the parties hereto and shall be -2- r 4 4b recorded in the office of the County Recorder at the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor ATTEST: City Clerk r IUS V. EVANS caner ' APPROVED AS TO FORM: Assistant City Attorney -3- R 02f - coac->nA r1l4;2� � c.&, 4t,�I -- -roT �. 4vZ04 !.ter V.: .4q 12 , e;l �, - -�oTA L�0� 21 � i 7obo,o V,XI"ai': !;Jl-rl<, ArEA 1" AL ri�_,VG ACC .+j !37 .O 0 91- 5P46i,CA �., CIS) coo --�o I 1. The contractor shall verify all dimensions and conditions at the site. 2. All workmanship and materials shall conform to the requirements of the 1973 Edition of the Uniform Building Code. 3. All A.S.T.M. designations shall be amended to date. 4.. Design soil pressure CONCRETE 1. The minimum ultimate compressive strength of concrete at 28 days shall be 2,000 psi 2. All cement used shall be tested and shall conform to A.S.T.M. C-150 Type 2 3. Fine and coarse aggregate shall conform to A.S.T.M. C-33. Maximum aggregate size 1'11 unless otherwise noted. Use I" maximum aggregate for slabs on grade. 4. Concrete mix: Minimum of 5.2 sacks of cement per cubic yard of concrete. Maximum of 7� gal. of water per 94 lb. sack of cement. Maximum slump 411. 5. Location of construction or pour joints must be approved by the Structural Engineer. 6. No pipes or ducts exceeding 1/3 the slab or wall thickness shall be placed,in structural concrete unless.specifically detailed. , 7. All reinforcing steel, dowels, and anchor -bolts and other inserts shall be - secured in position prior to pouring concrete. REINFORCING STEEL I. All reinforcing steel shall be intermediate grade deformed bars which shall conform to A.S.T.M. A-615 Grade 40 and A-305. 2. Reinforcing steel shall be spliced with a minimum lap of 40 bar diameters in „ masonry and 30 bar diameters in concrete, except as noted. 3. Low hydrogen welding rods shall be used for all welding to reinforcing bar.. 4. Reinforcing steel in concrete shall have the following minimum cover: formed WOOD surfaces to be in contact with the ground or exposed to weather 211, footings '311. 1- All structural lumber shall be grade stamped per Standard Grading Rules for West Coast Lumber No. 16 (Sept. 191970). Unless otherwise noted,,all struc- tural lumber shall be No. 1 Douglas Fir. 2. Plywood sheathing shall be Structural I, unless otherwise noted.(Pg.1=66) 3. All bolt heads and nuts bearing on wood shall have washers. 4. Joist hangers, unless otherwise noted, shall be 16 gauge galvinized: (Simpson 'lull series or approved equal) 5. All bearing and exterior walls not plywood sheathed shall have a 1x6 diagonal let -in brace at each end and at 251 o.c. 6. Nailing on all horizontal and vertical diaphragms shall be inspected prior to covering. c I I T E LA r1 1��64 1-- ppr�%I4 C1rU) k�P, x I REVISIONS BY qf �v I I _ I i I DATE SCALE {il GPI DRAWN a P-P. I JOB 1477 SHEET I, OF SHEETS 1 n.rv,cu UN UlhltRICH-POST CLEARPRINT 1000H i 7- NTED ON DIETERICH POST CLEARPRINT 1000H t5T p a 1100, 1 h � r r-A t5- 71' Is— Ids 4r\ ey - �i1454 .4 1 [TITU-111-111 Vt5�Crj L7;y �5-6 nion r4w4t1l .�11144-16:';_''It;;:` REVISIONS BY ZS6