HomeMy WebLinkAbout3331 EAST COAST HWY11111111 lill 11111111111111111111111111 lill 1111111.
*NEW FILE*
3331 EAST COAST HWY
July 10," 1980
Julius Evans l
4709 Seashore
Newport Beach,
CITY OF NEtiVPORT BEACH
OFFICE OF THE CITY ATTORNEY
(714) 640-2201
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
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 hav
fully complied with those conditions. This complaint will
filed July 18, 1986 unless you apply for the appropriate)
permits on or before that date. A
Please go ern yourself accordingly.
Hugh\R.- Cc- zln
City AttornLy of Newport Beach
xc: Planning Director
r
City Hall • 3300 -Newport Boulevard, Newport
Lr�')
CITOOF NEWPORT BACH
MEMORANDUM: From
TO..... v`�-............................................. 7..:... ............... f ie...:...
Reply wanted ❑
Replynot necessary ❑ liy................................................................
N114
0 4
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
(714) 640-2201
VIA CERTIFIED MAIL
July 10,. 1980
Julius Evans
4709 Seashore
Newport Beaoh,'California.92660
Re: O£fsite 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
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 ggyern yourself accordingly.
Hugh\R." Col. ri
City Attorn y of Newport Beach
r
y xc: Planning Director
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
CITPOF NEWPORT BACH
MEMORANDUM: FTOM BB
HRC
Re: Julius Evans
............... 2l.Z..................... ,19... e9
I have enclosed a draft complaint in the above referenced
matter for your review. I have reviewed the files on this
matter kept.by our department and the Planning Department
and can find no executed copy of the offsite parking agreement.
The clerk is presently checking her files. It appears as
if no agreement was ever signed by Mr. Evans, and that because
of his failure to do so, the building permits for the additions
to 3331 and 3337 East Coast Highway were cancelled. There is
an offsite parking agreement which bears Mr. Evans' signature
in Planning's file but it is not notarized and the Mayor has
not executed the agreement.
The resolutions adopted by the Council, both in 1977 and 1980
refer to this existing agreement. Neither resolution references
the action of the Planning Commission nor do they contain the
conditions imposed by either the Commission or Council. The
conditions imposed appear only in the minutes of the meetings.
It is for this reason that
references to the various
of the agreement itself.
a paragraph incorporating
allowing us to charge the
required by the'agreement.
� ,
Reply wanted ❑
Reply not necessary ❑
the complaint contains specific
actions and does not contain a copy
If you think appropriate I will draft
the signed copy -in light of the rule
subscribing party with the duties
By...................................
Ne•7F
P
HRC etc
VS.
Julius Evans, an )
individual; Does )
I through V, inclusive
In the Superior Court etc
No
Complaint for:
(1) Temporary Restraining
Order
(2) Preliminary Injunction
(3) Permanent Injunction
FIRST CAUSE OF ACTION
For a First, Separate, and Distinct Cause of Action,
Plaintiff alleges as foll6ws:
1. Plaintiff is a municipal corporation, organized and
existing by virtue of the provisons of the laws and the constitution of
the State of California and the Charter of the City of Newport Beach.
Plaintiff is located within the County of Orange, State of California
and is charged with the enforcment of the various ordinances adopted
by the City Council of Newport Beach.
2. Defendant Julius Evans was at all times herein mentioned,)
and presently is, a resident of the City of Newport Beach, County of Ox
State of Califrnia. Defendant Evans was at all times herein mentioned,
and now is, the owner of certain real property situate within the corporate)
limits of Plaintiff and commonly referred to as 3331 and 3337 East Coast
Highway and 331 and 329 Marigold.
3. The true names and capacities of Defendants Does
I through V, inclusive, is unknown to Plaintiff, and Plaintiff
will askj leave of court to amend this complaint to state those
names and capacities when they have been ascertained. Plaintiff
is informed and beleives, and thereupon alleges that said ficti-
tiously designated defendants are responsible, in some manner,
for the events and occurences hereinafter alleged.
4. Defendants, on or about June 20, 1977, made plans
to improve the property and structures located at 3331 and 3337
East Coast Highway, the improvement to be accomplished by way
of additions to the structures at these locations. The property
located on East Coast Highway was at that time, and has been
continuously to date, zoned
The property was at
that time,, and has been continuously to date, utilized for
commercial ,purposes, to wit
Due to
the parking requirements imposed by the Newport Beach Municipal
Code, the proposed additions necessitated an increase in available
parking spaces from to
5. Defendahts, in an affo:•t � to • c'omply- "W--th the
need or additional parking spaces, ,,a-p�Vlied
approval of an offsite parkin6 agreeme
Newport Beach Municipal Code permit utilization of property near
a business for aprking purposes to satisfy the parking requirements
of the code, subject to certain conditions.- A copy of the relevant
provsions of the Newort Beach Municipal Code are appended hereto,
marked Exhibit "A" and incorporated herein by reference as though
'2 3 0 .
fully set forth at length.. Defendants were to utilize the
property located at 331 and 329 Marigold to provide -the additional
parking spaces required. The property situated at 331 and 329
Marigold, as well as the property which adjoins those two parcels,
was at that time, and has been continuously to date, zoned
6. The application for approval of an off -site parking
agreement has come before the Newport Beach Planning Commission
and the Newport Beach City Council on numerous occasions. A
summary of the action taken on these occasions and the date of
the action is a-s follows:
(a) On August 4, 1977, the Planning Commission of
the City of Newport Beach approved the application for off -site
parking agreement, subject to the findings and conditions set forth
in the minutes of that meeting. A copy of the relevant portions
of those minutes is attached hereto, marked Exhibit "C"_ and in-
. c;
corprated by reference as though set forth at length.
(b) On August 22, 1977 the City Council of Newport
Beach adopted a Resolution approving the off -site parking
agreement in accordance with the recommendation of the Plannig
Commission.as contained within Exhibit "C". A copy of this
Resolution is attached hereto, marked Exhibit "D" and incorporated
by reference.
(c) On or about January 7, 1980, Defendants applied
by letter, to the Planning commission of Newport Beach, for a
amendment to the conditions pursuant to which the off --site parking
agreement was approved, specifically to delete the requirment that
Defendants construct a solid, masonry wall along the
boundary of the parking area and the residential property
which adjoins the.parking lot. A copy of this letter is
attached hereto, marked exhibit "_" and incorporated herein
by reference.
(d) On February 7, 1980 the Planning Commision
of Newport Beach reaffirmed the conditions of approval imposed
on August 4, 1977 (see Exhibit"_"), imposed certain additional
conditions, and amended the requirement that a block wall be
constructed. The action taken by the Planning Commission is fully
set forth in the minutes of this meeting, and a copy of the minutes
is attached hereto, marked exhibit "_" and incorporated herein
by reference.
(e) On March 10, 1980 the City Council of Newport Beachl
modified the action of the Planning Commission to require Defendant)
to install a masonry wall as required by the provisions of Section
20.30.045(b) of the Newport Beach Munickpal Code, amended certain
other conditions an authorized, -:by Resolution No. , the
execution of an amendment to the conditions of approval of the
existing off -site parking agreement. Copies of the Resolution,
No. 9744, and the minutes of meeting at which this action was taken
are attached hereto, marked Exhibit "_" and incorporated by
reference. C .
(f) On or about, by letter, Defendants requested
the City Council of Newport Beach reconsider the requirment that
a block wall be constructed by Defendnants along the boundary of
the parking area and the residential property that adjoins that
area. A copy of this letter is attached hereto, marked Exhibit
It " and incorporated by reference..
(g) On April 28, 1980 the City Council of Newport
BEach rejected Defendants request for reconsideration. A copy of
the minutes of that meeting showing the relevant action is
attached hereto, marked Exhibit "_" and incorporated by reference.
7. Defendants have been advised of the conditions.establishe
by action of the City Council and Planning Commission of the City
of Newport Beach and Defendants were present on each occasion that
action was taken by the City Council and Plannning Commission
except for the action of the City Council described in
6(g) above. Copies of letters directed to Defendants by Plaintiff
advising of the action taken by the City Council are attached
hereto, marked Exhibit "_" and incorporated by reference.
8. In spite of repeated requests Defendants have failed to
comply with certain conditions of the off -site agreement.
Defendnts have failed to construct the masonry wall required
by action of the City Council and by virtue of the provisions of
Section 20.30:045(b). Defendants have failed to properly execute
an off -site parking agreement. By virtue of these failures
Defendants are in violation of various provisions of
Title 20 of the Newport Beach Municipal Code.
9. On August 10, 1978 Defendants applied for building permits
to construct additions to the structures located,at 3331 and 3337
East Coast Highway. Building Permits were issued for such
construction and copies ofthose permits are attached hereto
marked Exhibit "_" and incorporate herein by reference. On
or about July 31, 1979 these building permits were cancelled
by Plaintiff for failure to obtain required inspections.
Notwithstanding this cancellation Defendants completed construction
of the a-ditions and are presently occupying and using the
structures.located at 3331 and 3337 East Coast Highway, this
occupancy and use in violation of various provisions of Title
17 (Building Code) of the Newport Beach Muncipal Code.
10. The continued use and occupancy of the structures located
at 3331 and 3337 East Coast Highway, and the continued use.of
parking dress located at 331 and 329 Marigold is wrongful and
illegal conduct and until and unless enjoined by this court
will cause great and irreparable injury in that:
(a) Failure.of Defendants to erect the masonry wall
along the boudanry of the parking area and adjoining residential
property will subject the adjoining landowner to automobile fumes
and exhaust, noise and light and glare;
(b) Failure of Defendants to properly execute an
off -site parking agreement does not ensure that use
of the offsite parking areas will be limited to patrons of•
0
of defendants nor does it ensure•that'the property at 331 and
329 Marigold will be used for parking, thereby creating the
risk of inadquate parking facilities to serve Defendants and
the risk of traffic congestion.
(c) occupancy and use of the structures at 3331 and
3337 East Coast Highway, without adequate inspection by the
Newport Beach Building Department, subjects members of the general
public to the risk of bodily injury resulting from unsafe and
illegal construction.
(d) The failure to enforce the ordinences referred
to above, with knowledge of the violations, could subject Plaintiff'
to litigation and loss related thereto.
11. Plaintiff has no adequate remedy at law in that
money damages are inadequate, it is difficult or impossible to
determine the precise amount of damage Plaintiff will suffer if
defendants are not restrained as requested, and that Plaintiffs
could be forced to defend and/or institute a number of lawsuits
in the event persons are injured or property damaged as a result
of the filure of Plaintiff to enforce the ordinances referred to
above
Prayer
CITY OF NEWPORT BEPCH
MEMORANDUM: From Hugh Coffin
Bob Burnham
.. ....................................................
Re: Preparation of Complaint Against
Julius V. Evans
lti
I am attaching to this memo a letter dated May 6, 1980,
to Mr. Julius Evans from Jim Hewicker regarding his
obligations to conform to the Newport Beach Municipal
Code and construct a block wall in connection with the
off -site parking lot at 329 and 331 Marigold, Corona
del Mar.
It appears that we are compelled to bring an action
in Municipal Court, similar perhaps to the Bath Mart
litigation,to order Mr. Evans to comply with the
NBMC. I believe the matter is fully documented in the
Planning Department's file which you may desire to
review. Hewicker has sent several letters and I see
no need for the City Attorney to follow up with an
additional letter. I would suggest a form type complaint
would be appropriate in this action with a hopeful stipu-
lation to be obtained from Mr. Evans after filing of the
lawsuit. I would like to see a complaint prepared and
ready for filing around July 2 or 3.
hrc
Reply wanted ❑
Reply not necessary []
By..............................
19AD..
na•2a
CITY O1 NL I ♦ ORT 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 of 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 Ncwport Boulevard, Newport Beach, California 92663
Y
i
L • •
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 re -turned 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,
JDH/kb
Enclo:
xc:
V
f
11
Section 20.30.045E of the
as it applies to walls on
lots adjoining property in
Newport Beach
the boundaries
an R-1 or R-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
CITY OF NEWPORT 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 20.30.045B
of the Newport Beach Municipal Code. A copy of that section is
enclosed.
In addition, you are also reminded of 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 pl8nter
at the intersection of the two alleys in order to
facilitate the right-hand turn movements out of the
parking lot.
City I -Tall • 3300 Newport Boulevard, Neu•port Beach, 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 DEPART14ENT
. 0:
JA K S D. HE4IKR,.Director
JDH/kk
Enclosure
xc: City Manager
City Attorne
2
Bill Laycock
Section 20.30.045B of the
as it applies to walls on
lots adjoining property in
Newport Beach
the boundaries
an R-1 or R-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
_)6
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
(714) 640-2137
March 13, 1980
MAR 141980
Mr. Julius V. Evans
4709 Seashore NEW:.i U.
Newport Beach, California 92660 ,L CALIF.
Dear Mr. Evans:
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
o•r 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, a.ddress 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
Mr. Julius V. EvI
Page 2
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 Rich Edmonston, the City's Traffic Engineer,
at 640-2181.
To date the City Attorney's Office has not received the signed
and notarized copy of the off -site parking agreement whi_c.h_was
forwarded, to yo-u with a separate letter in February. _This.
mUst._b_e_re_tusnesLas__s_oon as oossi Ie.
If you have any further questions regarding this matter, you
may contact Bill Laycock at 640-2266.
Very truly yours,
PLANNING DEPARTMENT
nn
D. HEWICKER
ing Director
JDH/kk
CITY OF NEWPORT 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,
HUGH R. COFFIN
City Attorney
enclosures
xc: Jim Hewicker (w/o encl)
City Hall e 3300 Newport Boulevard, Newport Beach, California 02663
0
February 1, 1980
Mr. Julius V. Evans
4709 Seashore Drive
Newport Beach, CA 92660
Re: off -Site Parking Agreement - 3331, 3337
East Coast Highwav, Corona del Mar, CA
Dear Mr. Evans:
Pursuant to your conversation today with Mr. Jim
H_ewicker, 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{
HUGH R. COFFIN
City Attorney
enclosures
xc: Jim Hewicker (w/o encl)
June 2,1980
CITY OF
RT BEACH
PLANNING DEPARTMENT
(714) 640-2137
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Julius V. Evans
4709 Seashore
Newport Beach, California 92660
Dear Mr. Evans:
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
A ES D. H •WICKER
P1 nning Director
JDH/kk
Enclosure - Letter of May 6, 1980
xe : �Ci t t_1, Aae r
City Attorney
......
V
i
December 27, 1979
Mr.,Julius V. Evans
4709 Seashore
Newport Beach, CA 92660
RE: Existing building a
site parking lot at
•. Dear Mr: Evans.:-
.
i
0
640-2266
T L�
Highway and off -
.In August of this year. you. mere. contacted by both. Bob Fowler •and -
myself regarding your failure to.,comply"with the requirements
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 Marigold 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 lette.r.fron 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.
Ci
IIall 0 3300 New
Boulevard,
Beach, California 92663
w
r - -
Mr. Julius V. Evan.
December 27, 1979
Page 2
To date, I have had no further contact from you and I do not know
what your plans are in this reoard. I am, therefore, requesting
that you either vacate the premises, take the necessary steps to
meet the requirements noted above or file a reouest with the
Planning Commission to amend the previously approved off -site
parking arrangement. The next filing deadline i.s January 11, 1980
for the Planning Commission meeting of February 7, 1980.
If I do not -hear from you on or Before January 11, 1980, I will
have no choice but to turn this natter over to the City Attorney
for appropriate legal action.
Very truly yours,
PLANNING -DEPARTMENT
44..✓�.
James D. Hewicker
irector
JDH/gg
cc - .Bob W1 nn-, City Manager
Hugh Coffin, City Attorney
''Hob Fowler, Building•D'irector
-
Persian Treasure Rugs, 3329 East Coast Hinhway, Corona del Mar
Wit Travel,. 3331 East 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°liar
'9F �
F � ••
- ,FY crF /0,
C AMC �F 46
•
December 27, 1979
Mr. Julius V. Evans
4709 Seashore
Newport Beach, CA 92660
*, 1zt° �7
CITY OF NEWPORT BEACH
640-226
CITY AlttlfciO
JAN 21979ow
(UM 9F
WWRORT BFA'N �j
OALt6r, ��
RE: Existing building at 3329-3337 East Coast Highway and off -
site parking lot at 329 and 331 Marigold
Dear Mr. Evans:
In August of this year you were•.contacted by both•Bob Fowler, -.and
myself regarding your failure to comply with the' requirements
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 Marigold 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 letter 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 • 3300 Newport Boulevard, Newport Beach, California 92663
Mr. Julius V. Evans
December 27, 1979
Page 2
To date, I have had no further contact from you and I do not know
what your plans are in this regard. I am, 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 approved 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
have no choice but to
for appropriate legal
Very truly yours,
PLANNING DEPARTMENT
James D. Hewicker
irector
JDH/gg
you on or before January 11, 1980, I will
turn this matter over to the City Attorney
action.
cc Bob Wynn,•City Manager
Hugh Coffin, .City Attorney
Bob 'rowler, Building Director
Persian Treasure Rugs, 3329
Wit Travel,• 3331 East Coast
Rochelle Robers Real Estate,
del Mar
The Flower Seller, 3337 East
East Coast Highway, Corona del Mar
Highway, Corona del Mar
3333 East Coast Highway,.Corona
Coast Highway, Corona del Mar
a
(714) 640-2130
August 14, 1979
Mr. J. V. Evans
4709 Seashore
Newport Beach, CA 92660
'R6: 3341 East Coast Highway
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 PAnnning 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 with the various building codes have not been complied d
with.
Thfs matter was discussed with you by telephone several days earlier. Due"
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.
it
Sincerely
,DEPARTMENT OF COMMUNITY, DEVELOPMENT
BOB FOWLER
Assistant Director -Building
jW
41
• City Council Meeting August 22, 1977
Agenda Item No. H-2(a) _
CITY OF NEWPORT BEACH
August 17, 1977
TO:
City Council
FROM:
Department of Community Development
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 Hi.ghway, 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.
ZONES:
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.
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,
i 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 shalt 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 tot 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 a 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, Director
By
HEWI KER
stant Director - Planning JpH/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.
r 40
COMMISSIONERS
L CALL
Motion
Ayes
Absent
X
City of Newport Beach MINUTES
COMMISSIONERS g ; ER CA of Newport Belch
MINUTES I t
DRAFT!
A OLL CALL
IN0�7[
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-
!Motion
ards, and especially those pertaining to walls and
X
wheel stops, Planning Commission made the following
Ayes
X
X
X
X
X
X
findings:
Absent
X
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
i
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 parki-ng lot
are in the same ownership.
4. The City Traffic Engineer has no objections
with the offsite parking arrangement.
and approved the offsite parking agreement, subject
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 improved
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
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 90.30.045 B of the Newport Beach
Municipal Code.
sW*
Item
UB-
Request to create two parcels of land for single
family residential development where a portion of
M
R6-35fi
one lot now exists.
APPROVED
Location: Portion of Lot 21. Newpart Hei ts,
located at 647 Irvihe Avenue an the
lAHQL=
northwesterly side of IrY194Avanue
irOMY
between Margaret Drive Holly a
X11,
A3 —
I ONN in 11uWhn N1• irni ni. �.!
r1
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 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.
1
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
j
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.
i ZONES:
C-1 and R-1
APPLICANT:
Julius Y. 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
TO: Planning Commission - 2.
Environmental Significance
This project has been reviewed,
categorically exempt under Class
ealsaitistctfrom themntquleA.
Conformance with General Plan
and it has been determined that it is
1 (Existing Facilities) and Class 11
requirements of the California Environ-
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 alloy, is an offsite parking
tot 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 t building. The proposed addition will
encroach to within 18 feet t 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 1,209 square foot t addition constitutes approximately
47 percent of the existing 2,528 square foot t 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.t r 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 lot 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 Parkino 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 - 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 lob 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 automobiles 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:
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 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 proposed expanded
commercial building indicating the following statement.
"No parking - loading zone only."
Item No._3
0
TO: Planning Commission - 4.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. MOGAN, DIRECTOR
By V R,
--Ai l l am K. Layyco ,
Senior Planner if
WRL/sh
Attachments: Vicinity Marcel Parcel Map
Letter from Applicant dated duly 20, 1977
Plot Plan
floor Plans, Elevations
Item No. 3
0
OffSITE *ARKINO LOT SOB710T MPARTY
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MAR
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OFFWTS PAIXONG AM04UT
Ou•'((JI•If.
■UILOINO CONTRACTOR
716 MARIGOLD AVENUE
CORONA DEL MAR, CALIFORNIA 92625
YAone: Ana (714) 640.7960 Uwrma 02001
July 20. 1977
Planning Commission
• City of Newport Beach
• 3300 Newport Blvd.
Newport Beach, Calif. 92660
Gentlemen)
I recently purohased the property at the Southwest corner of Fast 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 plane
submitted. The intent is to add 1209 eq. ft. The existing first floor
is 2528 eq. ft., making a total of 3737 eq. 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 -Bite parking agreement. The parking is on two R-1
lots located at 329 and 331 Marigold Avenue, AKA, lot 29 and 31, Block 239,
Tract 3/41, 42. At present I observe that these parking spaces are used
to about 50% capacity.
Thank you for your consideratidn of this proposal.
Sincerely yours,
1
IDaiva V.Evans
L'f
RESOLUTION No. 9170
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 offs -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 Agreementj
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.
ATTEST:
city Clark
Mayor
DDO/bo
8/18/77
City Council Moing March 10, 1980
{
�`""�'�•�.,�,� Agenda Item No.
MAR 10 19Ro
BY tho city CITY OF NENPORT BEACH %
CITY Gs NjVV#Q COUNCIL
y
March 5, 1980
MAR 24 1980 ;
City Counci SY i6s CITY COUNCIL
�ITY of NRWI AT MACH
,Rg 1Q(10 Planning Department
r
SY ihS UBUIE noel
r or.NrWPOKT
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.
i
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.
I 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, I No, 2 Absent) to amend the conditions of approval on the
existing off -site parking agreement as follows:
0
I
I
TO City Cocil - 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 appl cant shall a ter thi:o an agreement with
the City guars teeing that masonry wail will be
installed betwe the extsti parking lot and the
adjoining residen ia1 lot to a south at such time
as the title to th reside ntia property is transferred.
It shall be the res onsibility f the applicant to
notify the Gity of t e transfer title. Said agree-
ment shall contain a rovision tha a waiver of the
wall requirement at th s time does � t constitute a
waiver forever. Saida eement may be made without
bond.
3, That the applicant be authorized to remove the wheel
stops adjacent to the alley on parking spas
numbered 2, 40 6, 8, 10, and 12f (d, (61(S,1;ge
4. That the parking lot lights shalt be shielded from
adjoining residences or removed.
6. 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:
Change 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,,
. ntw a RtK, ulrector
J
I • " T0: City L&cil - 3.
i
I
I 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
I
'f-�
y Planning Commission Meeting February
ruary 7, 1980
Agenda Item No, 3 M
CITY OF NEWPORT BEACH
February 1, 1980
TO: Planning Commission
FROM:
SUBJECT:
Planning Department
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:
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 -
• ',5 T0: Inning Commission - 2.
•
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.
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.
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 approval 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 lk
and December 27, 1979).
f
b TO: Planning Commission - 3. •
The applicant has made subsequent attempts to correct the deficiencies,
however, the following corrections are still,outstanding:
Regwired 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.
2. 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 tights have been installed without proper shielding.
4. The original copy of the required off -site parking agreement has
not been executed.
S. The required masonry wall between the off -site parking lot and the
adjoining single family dwelling has not been installed.
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 20.30.046 B of the Newport Beach Mbnicipal 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 of
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 shalt be 6 feet in height, the lower
4 feet of which must be of solid masonry construction.
The applicant, on behalf of the adjoining property owner, has requested
that this condition be deleted (see attached letter dated January 7,
1919). 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 interfere
with existing light and air to the bedroom, kitchen, and dining room
of the adjoining residence.
7 TO: anning 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 co.nditions 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 residence:
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 residence:
or removed.
6. That employees shall be required to park in the parking lot.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
By Q'
4-.0 -
fiam4 D. Hewicker
ire 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
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IT OF, N11R%4W%r1?0WFBUtAC1_T
•(714} G40-2130
r
August 14, 1979
W. d. V. Evans
4709 Seashore
Newport teach, CA 92660
-Re: 3341 East Coast Highway
Dear Mr. Evans
It has'been brought to the attention of the Conm>>nity 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 teach planning Division and the California
Coastal Commission. -These requirements are in connection with required
parkfng facilities for the referenced project. Several required inspections
to verify compliance with the various building codes have not been complied
with.
This matter was discussed with you by telephone several days earlier. Due
to the fact that you have not supplied a proper solution to the problem, -
we have cancelled your permits.
He must also request that the 'use of the structure be abandoned untill these
problems are properly remedied.
Sincerely
DEPARTMENT OF COMMUNITY DEVELOPMENT
BOB F LEf
Assistant Director -Building
xc: Harold Sproul
a
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640=2266
December 27, 1979
Mr. Julius V. Evans
4709 Seashore
Newport Beach, CA 92660
646- &637
RE: Existing building at 3329-3337 East Coast Highway and off -
site parking lot at 329 and 331 Marigold
..Dear. Mr. Evans
In. -August •of thiq.year yo.u.were contacted by both Bob Fowler :.and•
myself regarding your failure to comply -with the requirements
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 14arigold ha3 not been installed,
and' g''j
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 letter fron 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 Dail • 3300 Newport Boulevard, Newport Beach, California 9260'3
i
I
I
�zMr. Julius V. EAs �..
bacomber ?7, 197P
Page 2
To date, I have had no further contact frow you and I do not know
what your plans are in this regard. I an, therefore, requesting
that you either vacate the premises, take the necessary steps to
meet the requirements noted above or file it request with the
Planning Commission to amend the previously approved 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 before January 11, 1980, I will
have no choice but to turn this natter over to the City Attorney
for appropriate legal action.
Very truly yours,
PLANNING DEPARTMENT
ames4cmwyl
er
irector
JDH/gg
cc Bob Wynn, City Manager
Hugh Coffin, City Attorney
Bob Fowler,.Building Director
Persian Treasure Rugs, 3329 East Coast Hinhway, Corona del 11ar
Wit Travel, 3331 East Coast Highway, Carona del Mar
Rochelle Robers Real Estate, 3333 East Coast Highway, Corona
del Mar
The Flower Seller, 3337 East•Coast Highway, Corona del Mar
u
January 7, 1980
City Planning Conunission
i''� `�jl✓'� ,tip"��'
I i
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 a would be more than willing to install the block wall.
I am enclosing a letter from Mr. & tars. Daida as to the above matter.
T
hanki
ng you in advance,
j Julius V. Evans
L'
aVE/ch
Enc.
Planning Commission -
City stall
Newport Beach, California 92GG3
T
Re: Property located at 3331 B. Coast filly. 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 ray property.
We as•ot-ncrs of this property would like to have the white
wooden fence left as i.t is. We do not want a block wall errected
between our Iroperty and the parking lot.
'Thank you,
�J/l
a
February 7, 19B0
n T DRAFT
[i lD
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i:(nl. Cnli�..�_.C, INDEX
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In response to a question posed by Commissioner
Thomas, James Hewicker, Planning Director, replied
that the use of the modular building is only to
be during the construction stage of the permanent
structure and that the modular building will be
removed when the permanent structure is complete.
%Zn response to another question posed by Commis-
% ner Thomas, Mr. Hewicker replied that by,defi-
niti a modular building is a relocatable build-
ing, o uilding which can be moved from one site
to anothe nd that when a modular building is
placed on th round, the Building Dept. will requ re
that it be put a permanent foundation, contin-
uous footing, or t it be tied down.
The Public Hearing was o ed regarding this item
and John Lum•is, 30th Street chitects, appeared
before the Planning Commission nd stated that the
owner concurs with the conditions s indicated in
the Staff Report.
Motion Y Motion was made that the Planning Commiss make
Ayes x N x x >the Findings as indicated in Exhibit "A" of
Absent * Staff Report and approve Resubdivision No. 649,
subject to the Conditions as indicated in Exhibit
"A" of the Staff Report.
Request to amend the conditions of approval in Item 03
conjunction with an approved Offsite Parking
Agreement. OFFSITE
PARKING
LOCATION: Lot 3, Block X, Tract No. 323 AGREEMEN'
(i.e., building site) located at
3331 and 3337 East Coast Highway, APPROVES
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 park-
ing lot) located at 329 and 331
Marigold Avenue, on the northwest-
erly side of Marigold Avenue, in
Corona del Mar.
1
-3-
' r ..�ks.wA .. •
Rol L (Al I
February 7, 1980 • -
TI n,
City of Newport Beach
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ZONES: C-1 and P-1
APPLICANT: Julius V. Evans
ER: Same as Applicant
ames Hewicker, Planning Director, commented briof
y regarding this item, stating that in 1977 the
Tanning Commission and the City Council permitted
he 1200 sq. ft. extension of the commercial space
ext to the Coast Market on East Coast Highway in
orona del Mar, subject to the approval of an
ffsite parking agreenent which would tie down
ormally the use of the two residentially -zoned
ots behind the Coast Highway frontage. He com-
iented that prior to that tine, although the park-
ng lot was being used for the commercial busi-
esses, it was not formally tied to those commer-
ial businesses by any mechanise that the City had
e added that this particular offsite parking
greement was reviewed by the Planning Commission
nd approved by the City Council, subject to cer-
ain findings and conditions. He added that the
wner of the property then proceeded to secure
is building permits and the construction was com-
leted, but that they never called for any final
nspections, no occupancy permit was given and
here were several conditions placed on the off-
ite parking area that were not fulfilled. He
tated that this problen finally came to staff's
ttention and staff implemented procedures at-
empting to get conformance with the conditions
f approval as given by the City and State Coastal
ommission. He further stated that these condi-
ions require the restriping on the lot, the re-
lacement of the wheel stops, the construction of
concrete block wall between the parking lot and
djoining residence, the installation of the land-
caping and the posti-ng of signs. He commented
hat just recently most of these conditions of
pproval have finally been taken care of, but that
here are still some itens to be taken care of,
uch as parking lot lighting and striping.
-4-
17
February !, 1980
c
3 ;.S
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RC
City of Newport
Beach
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ROLL CAI.I�.:
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3:'Ct�.i1t�:P:::'l..^etMli�-:in: •,.:::: •flD:!
INDEX
He added that the Planning Commission has receiv-
ed two items of correspondence relating to this
item, including a petition and letter from the
Corona del Mar Chamber of Co;:-erce stating their
concern about the requirements inposed on the ap-
plicant. He explained that in the event that the
Planning Commission decides that they would like
to see the parking lot striped in a different
fashion, the applicant will not only have to gain
approval of the City Council, but will also have
to go back to the Coastal Commission to get the
conditions changed on their approval. He further
explained that one of the difficulties in this
area of Corona del Mar is the fact that there is
a one-way alley 14' wide, and the space behind
the travel- services is being used for parking and
as a result, the area set aside for loading is
not available and as a consequence the trucks stop
in the alley, which means that the cars exiting
the parking lot can only turn in one direction,
taking them through the residential area. lie ex-
plained that the second probler. is that there are
Utility poles that may present a problem; however,
the dimensions of the parking lot that has been
epproved meets the City standards. He stated that
the former arrangement of the oarking lot erould
?ermit a car going eastbound through the alley
to pull off the alley into the parking lot.
He explained that it became a problem when a truck
coming along.and stopping in the alley to unload
could pull behind the car parked in the stall. He
expressed his feeling that the present arrangement
aould probably work better than it has before.
n response to a question posed by Commissioner
Ilen, Mr. Hewicker replied that there are 11
talls striped on the row next to the single -
amity dwelling where there should be 10 and as
esult of having 11 stalls, each one of those
nds up being a little more narrow than they
hould be.
n responss to a question posed by Commissioner
lien, Don Webb, Assistant City Engineer, replied
hat the City standard drawings indicate that 35'
outd be required for the spaces if they are
-5-
��
ti
-
MINU i ES
•
February 7, 1980
'-'n'
tni
W
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�H
City of Newport Beach
•.>.•us.:, .•
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staggered, He further commented that these fi-
gures are based primarily on a standard size car
which would fit into an 18' - 19' length.
In response to a question posed by Commissioner
Beek, Mr. Hewicker replied that a setback from
the alley would have been required, but that this
was the layout as presented and approved in 1977,
and at the present time a 5' setback would be re-
quired on an alley 15' or less in width.
In response to another question posed by Commis-
sioner Beek, Mr. Hawicker replied that there are
two lots, that they are under one ownership and
that the assessor has assessed them as one parcel.
The Public Hearing was opened regarding this item
and Julius EvansApplicant, appeared before the
Planning Commission and stated his concurrence
with the conditions as indicated in the Staff Re-
port.
Mr. Evans then commented that Mr, Wells, the ten-
ant and owner of Wells liarket, objected to put-
ting the parking bumpers alone the alley, block-
ing off the elderly customers exit into the al-
ley.
Ile further commented that the City had required
20 parking spaces for the extra amount of build-
ing and that they arranged the parking lot to ac-
commodate the City. He added that the residents
next door do not want the cenent block wall,
hich they felt would block off all the air to
their homes.
In response to a question posed by Commissioner
Balalis, Mr. Evans replied that the tenant and
customers would prefer to leave the parking lot
configuration as it has been for years.
In response to a question posed by Commissioner
lien regarding the necessity of the bumpers, Mr.
tiewicker replied that the City Council has adopted
a resolution which requires that parking lots be
improved with wheel stops to keep cars from an-
1q
K
�p
o toR
February 7, 1980 1*
of Newport Beach
.w ..«.l`•::i :J:l. is ]w%J is
MWU 117.5
crouching into the alley and to provide a mocha-
nism to keep cars from rolling forward.
In response to a second question posed by Commis-
sioner Allen, Mr. Newicker expressed his feeling
that with traffic crossing Marguerite, this alley
is one of the prime access ways paralleling Coast
Highway and cars encroaching into the alley would
present a problem.
ommissioner Balalis suggested removing the plant-
r next to the alley at the end. Mr. Evans re-
lied that he had removed it the previous day and
eplaced it that day and that there is a telephone
ole in the middle of that corner.
ommissioner Balalis commented that -the petition
tates that there are several spaces eliminated
ecause of the City's requirements, but that the
re in reality no spaces eliminated.
r. Evans expressed his feeling that there was
ever a problem in the alley or street, as Mr. .
ells has always patrolled the area.
d Wells, the applicant's tenant, appeared before
he Planning Commission and suggested that the
arking lot be left as is, as there were no pro-
lems until the wheel stops were required. .
r. Hewicker stated that there is a change in elevi
ion between the parking lot and the residential,
s the lots are -higher lots to the west and there
of the horizontal space in which to maneuver as ii
then alleys.
n response to a question posed by Commissioner
alalis, Mr. Hebb replied that the traffic en-
ineer has been allowi.n.n a reduction of about
n stall length for each additional foot of width.
atty Wells expressed her feeling that the loading
one is not adeouate to acconmodete the large
rucks and before the wheel stops were installed,
ars could go around the truck.
-7-
INDEX
s
3V I %'A
. • vzvtwr: max•:..
FOIL C:AUI
Motion
j Motion
61
MINUTES
�•� February 7, 1980
�uUD
! City of Newport Beach
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�INUf:X
'.'�.�.^.5�'7J,!u.�'ti'�.":di.^..A:.JTSSOT:CWu�C.::C`L'A�it-'X mH�CC55r::hTr..'Y: tot :L:: :Y:.'.': w•..:..L'!:.lA�w'G::::� d:!�.�.^.X :'1!3'L^. :.•,G
Commissionor Thomas suggested putting the stops
on halfway down and not putting them near the
loading area.
Commissioner Balalis suggested recommending to
the City Council that this particular parking lot
not be required to meet all the requirements of
offsite parking.
In response to a question posed by Commissioner
Allen, Mr. Hewicker explained that the first dis-
cretionary action is with the City and should
their action be different than the diagram, then
it will have to go back before the Coastal Com-
mission.
mmissioner Balalis suggested that staff meet
th the applicant and the tenant and put together
diagram that would work better.
Commissioner Thomas expressed his feeling that
the brick wall should be a requirement.
Mr. Hewicker explained that it would be allowable
to have a viall 4' high in solid masonry with 2'
of open masonry construction.
ommissioner Beek stated his understanding that
he objection is to the inconvenience of this lay-
ut with the planter getting in the way and with
he wheel stops and that the number of parking
paces are adequate if the inconvenience is re-
oved. He then suggested taking out the wheel
tops adjacent to the alley and the planter.
r. Evans expressed his feeling that Commissioner
eek!s suggestion would eliminate the problems.
"otion was made to authorize the applicant to
remove all the wheel stops adjacent to the alley.
mendment to the Motion was made that the appli-
ant be authorized to remove all the wheel stops
djacont to the alley through parking space number
Ayes
Abstain
Absent
Motion
kAAvu
z
0 d fl C7 Ql
S7 x N L >
x
x
MINUTES
February T, 1430
i of Newport Beach—
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+ �
12, leaving the wheel stops at parking space num-
bers 14, 16, 18 and 20.
Commissioner Beek accepted C'onmissioner Allen's
Amendment to the Notion to be included as his
Motion.
tiun was then voted on, which hi0TION CARRIED.
Commissioner Beek inquired regarding the cost of
a bond, to which Mr. Hewicker replied that for a
concrete block wall, the cost of a bond would be
about $2,500.00.
Notion was made that the wall be 4' of solid ma-
sonry with 2' filigree or open brick above it to
provide light and air.
. Evans stated that the homes have quite a few
owers that would be destroyed if a block wall
re required.
Commissioner Haidinger expressed his concern re-
garding the advisability of requiring a block
Nrall when the people who own the lot don't want
a wall and the people next to the lot don't want
a via11 .
Commissioner Haidinger suggested that the appli-
cant be allowed to go without the wall now and
that he be required to post a bond.
Commissioner Beek suggested that the applicant
not be required to post a bond and that the re-
quirement for the wall be deleted.
Commissioner Balalis expressed his feeling that
the requirement for the wall is a good one and the
fact that the applicant has an option on the pro-
perty at the present time gives the Planning Com-
mission the opportunity to say that he may pur-
chase that property; however, if another indivi-
dual buys the property, there are good reasons
why block walls are required adjacent to parking
lots. He stated his preference that if the re-
PIM
Y
III
February 7, 1080
"IV IlJ
City of Newport Beach
ROLL�x�.117k:C::.:���:::St:.Yi',17o7W47C.7AfS.i:'
C ALI
.c �ss:►.:.Y171:
INLXX
x�11iI^
quirement is given now, there should be some mech-
anism to impose it at the time of transfer of the
property.
Bob Burnham, Assistant City Attorney, commented
that the bond requirement is preferential to the
deed restriction and the premium would not be ex-
cessive.
Commissioner Haidinger suggested that Mr. Evans
agree to build the wall at the time the title of
the adjacent property is transferred, and without
bond.
Motion
x
Substitute Motion was made that the a plicant
agree to build the wall at the time the title of
the adjacent property is transferred, and that a
bond not be required.
Mr. Burnham explained that action on the condition
can be waived at the present time but enforced at
a later date and it can be included in the agree-
ment that a waiver at any one time does not con-
stitute a waiver forever.
Commissioner Thomas expressed his feeling that if
intensification of use along Pacific Coast Highway
comes about, there will be a need for more parking
and this area may be used for parking, which he
did not feel was a compatible use with the area, -
and said wall would be a necessary barrier.
Ayes I*Ixlx"ISubstitute Motion was then voted on, which MOTION
Noes JJ* x CARRIED.
Absent
Request to permit the tenporary use of a modular
building for a California Savings G Loan branch
facility in the P-C District.
LOCA7%O.I� A portion of Block 93, Irvine's
gubdivision, located at 2370 East
st Highway, on the northerly
si East Coast Highway, wester-
ly of Fla hur Boulevard.
-10-
Item P4
USE PER•-
1WMITi
IVP --
CONTINUE[
T' Mccif
��a
4y B
40
a 1thpk� C� 19 80► A unique blend of people and place
4
N'pft; Corona del Mar
It= CHAMBER of COMMERCE
February 5, 1980
TU: The Planning Department
City of Newport Beach
3306 Newport Boulevard
Newport Beach, California 92663
PROM: 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;
1). 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 correcte,!.
Thr: non-:d 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.
Respectfully,, =—
Jerry Stewart
President
JS:jh
2855 East Coast Highway * Post Office Box 72 + Corona del Mar, California 92625 • 714/673.4050
a.. lob, 3, 1980
R°c
City of lewport Beach g FA6 "7
Planning Commission NFq. co,., �9g
Lttn: Jim Hewioker �Rr�'�' .�♦`
3300 Newport Blvd. 4�1�°trey
Sewport Beach, Ca. 92663
Dear Mr. Hewicker:
The City has required certain changes in the parking lot
located behind hells Super Market at 3347 S. Coast Hwy.,
Corona del Her. These changes include narrowing the driveway,
redtriping the parking spaces, putting in planters and parking
bumperu.
This has created some major problems for both businesses
in the area and residents of the area, which are as follows:
.c
1. The entry driveway has been narrowed making entry
difficult for all except compact oars.
2. The exit is now onto a narrow alley and it is impossible
for very large cars or bans to negotiate the necessary
turns.
3. The exit from the parking lot is into a narrow alley
lined with Carages. Any activity in tue a ,ara.-eo, such
au oar washing, cleaning, or muvislg olvckd tae uwlt Wid
li.. or curu.
•s. Ourlu,� t:,u week delivery truo4w :..vu to unlu•d behind
ts.e utureu, blocking the u11ey for thr.:u,,,. truffic, uad
rs.. nevi parking bumpers prevent care' fru.;, Going uround
:B trucks.
hie elimination of 13 parking spaces has caused many
people to shop eleeewhere where titers to enough parking,'
wulcu is a real hardship to the businesses here.
o. Many people have already driven tneir oars over the
buus,,ers and into the planters and required asuistance or
towing to free their cars.
:uerefure we feel that the city mould allod n vsriunce
iq ts,l, x-nin6 lot so that we can restore U.:. ,urnin s)ru
r
m
-2-
to its or^i'ziral layout.
t;,- followli.G lieople Support this /.osition and would
11ke to See this proposal seriously considered is tt_e best
luter"ts of the local businesdes :,ad convenience to the
com".Iuni ty .
Nam.I
WIT
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sincerely,
Addreso
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CA
I
Corona del Mar, CA
February 79 1980
Planning Commission
City Hall
Newport Beach, CA
Bel Parking lot adjacent to Well's Super Market, also
used by other businesses on that block
Dear Commieaion3
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 lots 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, cc,,
Ow:i'1Z I" v A
511 Hazel Drive
Corona del Mar, CA
640-7027
x
APR 2 R 1980
r+ By fh* CITY CCUNC►L
1TY OF 141WpoRT BBACtl
Section 20.30.045E of the Newport Beach
as it applies to walls on the boundaries
lots adjoining property in an R-1 or R-2
J
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.
(,3
MAR 2 4 1980
March 18, 1980
By OF NC►TY COUNCIL
OR CITY By fhe Q1`f COUNCIL
tiitNPONT ARACN 1TY 00 k.; n,v1T 4WH
City Council
3300 Newport Blvd. APR 28 1980
Newport Beach, California 92663 y
By the CITY COUNCIL
CITY 00 NOWPORT gRACH
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 Baida 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.
�IRF`YV'D
N�yPop F�9�0.
� �9t� Bpi �
x
MAR 10 1800 RESOLUTION NO. eF J�
ly HN ury CMQI�
cdtx 0.. tlMNbw UAW
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND i
CITY CLERK TO EXECUTE AN AMENDMENT TO THE CON-
DITIONS OF APPROVAL OF AN EXISTING OFF -SITE
PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND JULIUS V. EVANS (3331 East Coast
Highway) `
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 marking
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 satis-
factory and that it would be in the best interest 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 above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
I
City of Newport Beach.
ADOPTED this loth day of March , 1980,
Mayor
ATTEST -
city Clerk
kv
3/7/00
By
RESOLUTION NO. 917 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.
ATTEST:
City Clerk
Mayor i
DDO/bc
8/18/77
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
' 3300 Newport Boulevard
Newport Beach, CA 92663
Space Above This Line For Recorder's Use Only
OFF -SITE PARKING AGREE14ENT
Julius V. Evans
3331, 3337 East Coast Highway
This Agreement is made and entered into this
day of , 1980, 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, Corona
del Mar, 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, Pages 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, Corona del Mar, 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."
D. Owner desires to provide the parking for Parcel "A"
6
46
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
.j
0
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.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF NEWPORT BEACH, A
Municipal Corporation
By
Mayor
JULIUS V. EVANS
Owner '
STATE OF CALIFORNIA,
SS.
COUNTY OF !
ON— 19—,
before me, the undersigned, a Notary Public in and for said State, personally appeared
JULIUS V. EVANS
known to me,
to be the person_ whose name_ is subscribed to the within Instrument,
and acknowledged to me that _he— executed the same.
WITNESS my hand and official seal.
Nolal, Public in and for said State.
ACNNOY7LEOCMEfIT—Goreral_-4Yolrntts Form 233—Rev. 964
-3-
9 Planning Commission Me�ing 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 V'
William R. Laycoc
Senior Planner
WRL/dlt
Planning Commission Meeting August 4, 1977
Item No. 3
CITY OF NEWPORT BEACH
July 28, 1977
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
Mar•.
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
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 t 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 1,209 square foot ± addition constitutes approximately
47 percent of the existing 2,528 square foot t 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. 31737 sq.ft.t + 250 m 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 lot 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
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.
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.
3. That signs be provided on the rear of the proposed expanded
commercial building indicating the following statement.
"No parking - loading zone only." _11�
TO: Planning Commission - 4.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
--W11116M R. LaYCOW,
Senior Planner
WRL/sh
Attachments: Vicinity Map
Assessor's Parcel Map
Letter from Applicant dated July 209 1977
Plot Plan
Floor Plans, Elevations
Item No. 3
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BUILDING CONTRACTOR
716 MARIGOLD AVENUE
CORONA DEL MAR, CALIFORNIA 92625
Phone: Area (714) 640-7960 License o2001
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 31, Block 239,
Tract 3/41, 42. At present I observe that these parking spaces are used
to about 50% capacity.
Thank you for your consideration of this proposal.
Sincerely yours,
� iue Y.Evane
RESOLUTION NO. 9744
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.
Mayor
ATTEST:
City Clerk