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HomeMy WebLinkAboutTHE OLD SPAGHETTI FACTORY*NEW FILE* THE OLD SPAGHETTI FACTORY CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640=2201 March 20, 1979 Mr. Klaus Dieter Esch Vice President of Operations THE OLD SPAGHETTI FACTORY INTERNATIONAL, INC. 408 Southwest Second Avenue Portland, Oregon 97204 Dear Mr. Esch: I have been;in contact with Mr. Leonard Levy who with his partner, Mr.•Thomas B. Moon, hoped to develop the former Harbor Glass Company building located across from the Old Spaghetti Factory in Newport Beach into an office use. The problem is that Messrs. Levy and Moon will need a number of off -site parking spaces to satisfy the Municipal Code for the. proposed office building. In this regard, it is my understanding that you have been contacted for the purpose of entering into an agreement to pro- vide the necessary off -site parking for the Harbor Glass building on the Old Spaghetti Factory restaurant parking lot during the hours between 8:00 a.m, and 4:30 p.m. It is further my under- standing that you have expressed a certain reluctance to enter into such an agreement out of concern for possibly violating the terms of your use permit with the City of Newport Beach. This letter is to advise that if you have sufficient excess parking available on the Spaghetti Factory lot during daytime business hours which is not committed to William Blurock, we see no problem in'committing that parking to the Harbor Glass building, should this be your desire. It should be understood, however, that any arrangement you might make with Messrs. Levy and Moon cannot interfere with the parking required by the restaurant during its operation. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Mr. Klaus Dieter Esch March 20, 1979 Page Two Needless to say, the City of Newport Beach is taking no position on whether you should or should not enter into such a parking agreement. The purpose of this letter is merely to inform you that such an arrangement would not appear to violate the terms of your use permit or the off -site parking agreement the Spaghetti Factory has with the City of Newport Beach. Very truly yours, A ' 0 0;�w DENNIS D. O'NEIL City Attorney xc: R. V. Hogan, Director, Community Development Department Leonard Levy Thomas B. Moon The Old Spaghetti Factory International, Inc. GOVERNOR BUILDING 408 SOUTHWEST SECOND AVE. PORTLAND, OREGON 97204 5039225-0433 February 27, 1979 Mr. Thomas B. Moon 673 7-069T Tom Moon & Associates 2234 Newport Blvd. Newport Beach, California 92663 Dear Mr. Moon: I have received your letter of February 19th to Mr. John McDaniels in regard to the parking situation in Newport Beach. , With regret we have made -the decision to decline on your request regarding the parking requirements. The situation is a very touchy one in Newport'Beach as you well know, and I don't think that we can afford to jeopardize our existence in Newport Beach by placing the parking lot on another use permit other than our own. If it is of any help to you I would verbally agree to have you use the lot during the day between the hours of 8 and 4:30 p.m. on a daily basis and should.this interfer with our existing business we then would terminate such an agreement. If you have any thoughts on the matter I would like to .hear from you. KDE/ps Sincerely, Klaus .Dieter' Escch Vice President of Operations CC: Mr. William E. Blurock t Portland • Seattle • Spokane • Tacoma • San Jose • Denver • Salt Lake • San Diego • Newport Beach • Fresno • Hollywood • New Orleans • St. Louis • Sacramento • Honolulu • Cincinnati CITY OF NEWPORT BEACH OFFICE OF CITY ATTORNEY TO: RICHARD V. HOGAN, Director Community Development July 16, 1976 FROM: Hugki R. Coffin, Assistant City,Attorney SUBJECT: Old Spaghetti Factory - Off -Site Parking Agreement '. , You have raised a question as to whether the Off -Site Parking Agreement entered into between Dussin'Investment Company, a corporation, and the City of Newport Beach.in conjunction with the Old Spaghetti Factory requires the Dussin Investment Company to provide parking only on the lots described therein or, whether, additional parking spaces can be made available for the customers of Dussin Investment. We have reviewed the agreement and find that it does not require that parking be provided only on the lots involved in the agree- ment. The agreement only requires that the lots described.in the agreement be made available for off-street parking for the Spaghetti Factory use, and should those spaces be lost that additional spaces be found in another location.�or, in the alternative, the use of the Spaghetti Factory be reduced in intensity to conform to the off-street parking spaces available to the Spaghetti Factory. As we understand the facts, the spaces referred to in the off - site parking agreement are available to the Spaghetti Factory for off-street parking. Further, additional spaces have been made available by a separate agreement. There is nothing in the agreement or in the City ordinances that would require that the x 9 Richard V. Hogan, Director July 16, 1976 Page Two - Old Spaghetti Factory Spaghetti Factory terminate using the newly acquired spaces in favor of the spaces under the parking agreement. Should you have additional questions.regarding this matter, please don't hesitate to contact me. HRC:yz qHUGWFFI Assistant City Attorney 0 0 0 December 16, 1976 Mr. James Damis Attorney at Law 620 S.W. 5th Avenue Room 1010 Portland, Oregon 97204 Re: Off -Site Parking Agreement Old Spaghetti Factory Dear Jim: E7e are in receipt of a recorded copy of the Off -Site Parking Agreement for 2110 Newport Boulevard and I enclose a copy herewith for your files. If you have any questions, please feel free to call. HRC:yz Enclosure Very truly yours, HUGH R. COFFIN Assistant City Attorney a CIPY OF NEWPORT IRACH MEMORANDUM: From HUGH R. COFFIN, A,3siatart City Attorney To...... DORIS GEORGE•,_. City. Clerk 0 : 01� ...214... 117,619........ Re: Off-Lite Parking Agreement Old Spaghetti Factory Attached hereto is an original and one copy o£ the Off -Site Parking Agreement between the City of rlimport Leach and Dussin Investment Co., et al. -lease have the original recorded and a copy returned to me with the recordation data placed thereon so that I may transmit the agreement to the appropriate parties. Thank you. Reply wanted p Reply not necessary ❑ By—................ ...... ........ I ......... ........... Ne30. IiRCz cc: James JAMES J. DAMIS ATTORNEY AT LAW 620 SW FIFTH AVENUE BUILDING PORTLAND, OREGON 97204 (503) 226-7644 October 15, 1976 Mr. Hugh R. Coffin Assistant City Attorney City of Newport Beach Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Re: Off -Site Parking Agreement Old Spaghetti Factory Dear Hugh: �' RfCfIU crr�crrc,�rrFr OC iry 19j6ra NFWPORr or �. �ACIF, ACH Enclosed is your form of off -Site Parking Agreement bearing the notarized signatures of Dussin Investment Co., The Old Spaghetti Factory International, Inc., and Newport Beach Spaghetti Restaurant, Inc., submitted to you for signature on behalf of the City of Newport and the designation of the date of the agreement. It is my understanding that you will return to me a recorded copy. As always, we have appreciated the cooperation and courtesies which your office and the other branches of the Newport city government have extended to us. Very truly yours, Z��,T. DAMIS crm cc: Mr. Guss Dussin Mr. George Dussin 1 11 • October 6, 1976 Mr. James Damis Attorney at Law 620 S.W. 6th Avenue Room 1010 Portland, Oregon 97204 Re: Off -Site Parking Agreement Old Spaghetti Factory Dear Jim: I have prepared an Off -Site Parking Agreement between the City and your various and sundry clients dealing with the operation of the Old Spaghetti Factory in Newport Beach. we have reviewed your request to include only the tenant on the agreement, but we feel that the agreement, as it presently is constituted, is the form of agreement required by the Municipal Code of the City of Newport Beach. Should you have any questions regarding this matter, please don't hesitate to contact me. Otherwise, we would request that the various parties to the agreement execute it, have their signatures notarized and return the executed agreement to this office for signature by the City and recordation. We will return a recorded copy to you as soon as we receive a copy from the Recorder's Office. We thank you for your continued courtesy and cooperation in regards to this matter. very truly yours, HUGH R. COFFIN Assistant City Attorney HRC:yz cc: James D. Hewicker Enc. GOMMMMq•.� � �r e J6 Department of Community Development DATE: February 18, 1975 STUDY SESSION NO. 4(c) 1. TO: City Manager FROM: Department of Community Development SUBJECT: Report on Spaghetti Factory Parking Reference your, memo of February 11, 1975 The Spaghetti Factory was issued Use Permit No. 1715 by the Planning Commission on May 2, 1974. That permit restricted use of the building because of inadequate parking on the property proposed for development at that time. On November 11, 1974, the City Council approved an off -site ;parking agreement for additional parking on property immediately adjacent to the original proposal. The off -site parking has not yet been completed, and it was the intent of the property owner to complete that parking in the spring prior to the summer -visitor influx. A temporary utility permit has been approved for the restaurant to allow them to complete all their construction, and they have begun operating, using the utilities approved in that temporary permit. The occupancy permit for the restaurant will not be approved until the additional parking has been completed. The restaurant operator has been informed that they must proceed immediately to the completion of that parking or the temporary utility permit will be withdrawn. The operator has now'hired a contractor and is proceeding with the improvement of the parking. In the meantime, the operator has also obtained use of the nearby parking lot in the South Coast Shipyard and Design Center owned by Bill Blurock and Associates. A copy of that agreement is attached. Mr. Dussin, owner of the Spaghetti Factory, has been furnished a letter, copy of which is attached, indicating those items which must be completed prior to the issuance of the occupancy permit. He has furnished, as required in that letter, the "as -built" plans for the restaurant. The number of required parking spaces is being computed from those plans, and the parking plans for the on -site parking lot and the offLsite parking lot will be reviewed and revised as necessary to provide the required parking. A report on the red zone lation of parking meters and a copy is attached. �R., 0GANys6irector on '21st Street and the possible instal - has been prepared by the Traffic Engineer, RVH/kk 6. 0 u Ls ASE AGREEMENT MIS LEASE AGREEMENT_ antared into this 14th day of February, 1975 by and between WILLT1,11I BLIRIWA & PARTNMRS, i??C., a California corporation, herein referred to as "LESSOR" and Ala PORT :3c^ACH SPAGHETTI RESTAURANT INC., a California corporation, herein referred to as "LESSEE". W I T N E S S E T H: R2CIZXL5: 1. Lessor owns certain real property in the vicinity of Lessee's real property being used exclusively as a restaurant. Said real property is vacant and is suitable for the parking of automobiles. 2. Lessee needs additional real property for use by Lessee and Lessee's customers for parking of automobiles in connection with the operation of Lessee's restaurant, The Spaghetti Factory. 3. Lessor is willing under the terms hereof to lease its real property to Lessee for use by Lessee and customers of The Spaghetti Factory Restaurant for the parking of automobiles. NOW THEREFORH, it 13 agreed: For valuable consideration, receipt of which is acknowledged: a) Lessor leases to Lessee the real property delineated in red on map attached hereto as E:chibit "A" for automobile parking use only by Lessee and Lasaee's customers And employees in tho operation of the Spaghetti Factory Restaurant; b) The term of said Lease shall be for twenty (20) years commencing February 14, 1975. 1. 0 c) no parking of automobile use by Lessee, its customers and employees on the property leased herein shall be b6tween the hours o3L 5:00 P.M. and 13 Midnight seven days per week. d) Either party may terminate this Lease upon giving the other party thirty (30) days written notice. e) Lessee agrees to repair any damage caused by Lessee's use. fc) The consideration acknowledged herein is the total consideration for this Lease. LI WIIINESS HEREOF, the parties have signed this Lease on the date above written. WILLIAM BLUROCX & PARTNERS, INC. BY LESSOR NE WAT ISACH SRAMTTI RESTAURANT. :::C. L28SEE BY 2. L NEWPORT BAY , Pierhead Lima—. Jl 21 A I U\JVI i, BOaIRegdr � 1 she P• Boat Yard (0 u... _ 1 n I U\JVI i, BOaIRegdr � 1 she P• Boat Yard (0 u... _ 1 n Sa ci i Ijj O I I Yaht 1I - Oftica I I F I Y'� uuB,Y .1 r\ Railing. \ Riggings Yam, sale% •` •�house I sc"''I AV'o� 7NE O� i NEWPORT BOULEVARD UJ /. IfIf /�•',/2�'/.?rA-�,1, �•!/J Jr� rK4 OUL11 Coast Shipyard & Design Center jr! ;, y5CSLE 3Z7r3SD FEET ILI b I . 0 • CITY OF NEWPORT BEACH CALIFORNIA 9zs6o city Malt 3300 Newport Blvd. (714)673 2110 February 13, 1975 Mr. George Dussin Dussin Investment Company 219 SW Stark Street Portland, Oregon 97204 Re: Spaghetti Factory - Use Permit No. 171.5 Dear Mr. Dussin: Prior to the issuance of the occupancy permit, the following items must be completed at the Spaghetti Factory. 1. Record parcel map. 2. Provide new plans showing "as -built" conditions for computation of occupant loads. 3. Redesign entrance -exit to streetcar in order to provide legal rise and run and width of stairway. 4. Occupant load sign corrected.• 5.•-Prepare plans for complete parking layout showing number of parking places to comply with approved occupant load. 6. Construct and stripe all parking areas in accordance with plans. Very truly yours, DEPARTMENT OF COMMUNITY DEVELOPMENT RVH/kk 0 PUBLIC WORKS DEPARTMENT February 18, 1975 TO: COMMUNITY DEVELOPMENT DEPARTMENT FROM: Public Works Department SUBJECT: PETITION REGARDING SPAGHETTI FACTORY PARKING DISCUSSION: The City Council at its meeting of February 10, 1975 requested information regarding the following: 1. Red curb on 21st Street 2. Parking Meters on 21st Street Red Curb, on 21st Street 21st Street is 28 feet curb to curb. Prior to the construction of the restaurant, 21st Street was primarily a residential street except for the commercial activities at the end of the street. Parking was per- mitted on both sides of the street and was primarily used by the residents and businesses of the area. The connection of the Arcade to 21st Street has resulted -in the necessity to provide two unobstructed traffic lanes. On January 8, 1975, the east curb was painted red as shown on the attached work order. If desired by the residents of the area, the red curb can be moved to the west curb line and parking allowed adjacent to the residences. The impacts on•21st Street residences and parking was thoroughly discussed at the Public Hearing on the Conditional Use -Permit for the Old Spaghetti Factory Restaurant. Parking Meters on 21st Street Parking meters may be installed on 21st Street. If desired, the City Council can instruct the City Attorney to prepare the necessary ordinance for installa- tion and operation ofparkingmeters on 21st Street. Bill E. Darnell Traffic Engineer Attachment BED :bcd .C,ITY OF NEWPORT BEACH • Public Works Department Z TRAFFIC ENGINEERING DIVISION TO: General Services 2 No. 74—a244 2. P. B. & R. 2 3. Parking Meter 2 Date DeC dj IQ7!4 4. Sign Shop 21) 5. (2) By Jr�T L,� LOCATION �gTS-� Ain r4x-AL—aLycml=N�BaA e�t,wedo. PROJECT J M c_0 RESOLUTION/ ORDINANCE DESIRED COMPLETION DATE 1- 3 -7 z7 77 a C=deOr�T- v a /VEY/4 t lot �l Sr S tY- Police, Traffic Section 2. City Manager A-: File 4. DO, i 5aA--5P-q*o i A4 c.., [] Notify Police Department Immediately upon Completioi 'Date Completed * By a r• WHEN COMPLETED, RETURN COPY TO TRAFFIC ENGINEER January 24, 1975 The City Council City of Newport Beach 3300 Newport Boulevard Newport. Beach,.California.92660 Council. Members: Attached is a petition from the residents of 21st Street, Newport Beach, in protest of the unliveable parking situation created"by. the -Spaghetti Factory, located on the corner. of, Newport', Boulevard and 21st Street, which has resulted in the disturbance: of,our','guiet: enjoyment- We:respectivelr7iequest to be placed `on the City Council's Agenda*as soon as possible in order to'present to -'the City Council relative facts concerning our grievences against the Spaghetti Factory in connection with their continued and persistent use of street park- ing, which in the past has been utilized by the residents in view of the fact that parking in that area is very limited. This matter is of utmost importance to the residents and your immediate attention to this matter would be greatly appreciated.Please direct any correspondence regarding this matter to Lynda Morse, 220 21st Street, Newport Beach, California 92660. ' Respectively Submitted, Lynda Morse For the Residents of 21st Street CC: William Darnell Traffic Affairs Committee o • • CITY OF NEWPORT BEACH P On January 4, 1975, the Spaghetti Factory opened it's new facility in Newport Beach between Newport Boulevard and 21st Street. The only entrance to the facility is on 21st Street with a valet parking lot. The spaghetti factory does not allow their employees to park .their cars in the valet parking lot so they park on 21st Street along with the people who do not want to pay for valet parking. Until January 8, 1975, 21st Street was a 2-way street with parking on both sides of the street. At that time, the City painted the East side of the street red so that parking is not allowed at any time on that side of the street. Due to the fact that the Spagetti Factory opens at 5:00 P.M. the employees arrive earlier and park on 21st Street which allows no parking for the residents of 21st Street who work and come home after 4:00 P.M.; also not considering the people who come for early dinner and do not park in the valet parking lot. The other problem is that the only other street close to 21st Street is Newport Boulevard/Balboa Boulevard, -,which does not allow parking on that portion of the boulevard, leaving the residents of 21st Street with no place to park within the vacinity of their homes. WE THE UNDERSIGNED, RESIDENTS OF 21ST STREET, NEWPORT BEACH, DO HEREBY PETITION THE CITY OF NEWPORT TO TAKE IMMEDIATE ACTION TO ALLEVIATE.THE PARKING PROBLEM CREATED BY THE SPAGHETTI FACTORY. 4AME ADDRESS DATE 75 7 7 l= SY 2,1 Ct `VU CITY OF NEWPORT BEACH Residents Complaint Petition Continued Asa y .�/' S,— ST' •�`�.�.al�✓� HUGE R. COFFIN LAURA LAGIOS December 30 74 Re: Off -Site Parking Agreement - Old Spaghetti Factory I -To received executed copies of the Off -Site Parking Agreement between the City of 27ewport Beach and Dussin Investment Company for the improve- ments to be located and known as the Old Spaghetti Factory. The City Council has approved the Off -Site Parking Agreement, we have approved the agreement as to form add would request that you have the Mayor sign the agreement, ,you attest to it and cause it to be recorded. Please send us the information, after the document has been recorded, as to the recording data. HUGH R. COFFIII HRC : kb co- Community Development 0 `� 'w� DUBBIN INVESTMENT CO. Y 'r� EISSOP'S HOUSE 210 S.W. Stark Street Portland, Oregon 87204 - 002/aO470.22S-0422 Mr. William Foley, Senior Planner Department of Community Developement 3300 Newport Boulevard Newport Beach, California 92660 Dear Bill: October 25, 1974 OCT 291974G-� " ar• re: The Old Spaghetti Factory Pursuant to our conversation, enclosed herewith please find the revised parking plan requested by your office for the additional parking required to accomplish Phase II under Condition No. 8, Use Permit No. 1715. This plan resulted from a meeting with Mr. Bill Darnell, Traffic Engineer for the City of Newport Beach and was set down and refined upon his recommendation and approval. Concurrently, the legal description attached as Exhibit A, was in error, and this has been corrected and made a part hereof. Through our attorney, Mr. Cecil Wright of the City of Orange it will be duly recorded and forwarded to your office. As instructed, I shall submit this request to the S.C.R.C.C. upon my arrival early next week. I beg to remain, Sincerely, DUSSIN INVESTMENT •C0.\ George T. Lsin 2TD/ldh C.C. Mr. R. Bloxham Mr. C. Wright Mr. D. Baade Mr. B. Darnell LEASE AGREEMENT THIS LEASE AGREEMENT entered into this'_' day of February, 1976 by and between WILLIAM BLUROCK & PARTNERS, INC., a California corporation, herein referred to as "LESSOR" and NEWPORT BEACH SPAGHETTI RESTAURANT INC., a California corporation, herein referred to as "LESSEE", W I T N E S S E T H : RECITALS: 1. Lessor owns certain real propertly in the vicinity of Lessee's real property being used exclusively as a restaurant. Said real property is vacant and is suitable for the parking of automobiles. 2. Lessee needs•additional real property for use by Lessee and Lessee's customers for parking of automobiles in connection with the operation of Lessee's restaurant, The Spaghetti Factory. 3. Lessor is pulling under the terms hereof to lease its real property to Lessee for use by Lessee and customers of The . Spaghetti Factory Restaurant for the parking of automobiles. NOW THEREFORE, it is agreed: For valuable consideration, receipt of which is acknowledged: a) Lessor leases to Lessee the real property delineated in red on map attached hereto as Exhibit "A" for automobile parking use only by Lessee and Lessee's customers and employees in the operation of.the Spaghetti Factory Restaurant; b) The term of said Lease shall be for five (a) years commencing March 1, 1976. c) The parking of automobile use by Lessee, F its customers and employees on the property leased herein shall be between the hours of 5.00 P.M. and 12 Midnight seven days per week. d) Lessee shall carry his own public liability and property damage insurance on the leased property for the hours agreed upon. e) Lessee agrees to repair any damage caused by Lessee's use. f) The consideration acknowledged herein is the, total consideration for,this lease. IT IS FURTHER AGREED, that Lessor shall have the right to use the parking lot, owned by Lessee, located at 2110 Newport Boulevard, Newport Beach, California, between the hours of 7:45 A.M. and 5:00 P.M. seven days per week, for the purpose' of parking vehicles only. Lessor shall carry his own public liability and.property damage insurance on said parking lot located at 2110 Newport Boulevard, Newport Beach, California, for the hours of 7:45 A.M. to 5:00 P.M. seven days per week. Lessor further agrees to repair any damage caused by Lessor's use on Lessee's said property. IT IS THE INTENTION of the parties hereto to renew this lease for an additional five (5) year term at the termination thereof on the same or similar terms and conditions. IN WITNESS 9EREOF, the parties have signed this Lease on the date above written. WILLIAM BLUROCK & PARTNER C. LESSOR: By: NEWPORT �9 CCH SPA�HET-T.I RESTAURANT, INC. LESSEE: 2. n t r 4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in Official Records of Orange County, California City Clerk 3300 Newport Boulevard Newport Beach, California Book 11944, Page 1865 November 1, 1976 r•s OFF -SITE PARKING AGREEMENT (2110 Newport Boulevard - Old Spaghetti Factory) This Agreement is made and entered into this 27th day of October , 1976, between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and DUSSIN INVESTMENT CO., an Oregon Corporation and the OLD SPAGHETTI FACTORY INTERNATIONAL, INC., an Oregon Corporation, hereinafter referred to as "Owner" and NEWPORT BEACH SPAGHETTI RESTAURANT, INC., a California Corporation, hereinafter referred to as "Operator". W I T N E S S E T H: A. Dussin Investment Co., an Oregon Corporation, as to 75%, and the Old Spaghetti Factory Internatior:al, Inc., an Oregon Corporation, as to 25%, are the owners of that certain real property located in the City of Newport Beach, County of Orange, State of California, and described as Lots 19, 20, 21 and 22 of Tract 814, shown on a map recorded in Book 24, Page 30, of Miscellaneous Maps, Records of Orange County, California and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Block 221, Section A, Newport Beach, as shown -on a map recorded in Book 4, Page 21, of Miscellaneous Maps, Records of Orange County, 'California, and commonly known as 2110 Newport Boulevard, Newport Beach, California, hereinafter referred to as Parcel "A". B. Owner has leased Parcel A to Newport Beach Spaghetti Restaurant, Inc., a California Corporation, for the u operation of a restaurant business and on -sale alcoholic beverages located thereon, hereinafter referred to as "Restaurant Business" and known as "The Old Spaghetti Factory". C. The Planning Commission of the City of Newport Beach approved Use Permit No. 1715 on May 2, 1974, which requires certain off-street automobile parking spaces to be provided for the use of employees, customers and business invitees of Owner and Restaurant Business in direct relation- ship to the occupancy capabilities of the Restaurant Business. Pursuant to said Use Permit, off-street automobile parking shall be provided at the ratio of one automobile parking space for each three occupants permitted at said Restaurant Business. D. There are insufficient off-street parking spaces located on Parcel A, owned by Owner for the use of the employees, customers and business invitees of Owner and Restaurant Business to comply with the requirements of said use permit. E. The City Council of City previously approved an off -site parking agreement between City and Owner on November ll, 1974 to provide additional off-street parking on Lot 10 of Tract 814, as per map recorded in Book 24, Pages 35 and 36 of Miscellaneous Maps, in the Office of.the County Recorder of Orange County and Lots 11, 12, 13, 14 and 15 of Block 221 of Section A of Newport Beach, as per map recorded in Book 4, Page 21 of Miscellaneous Maps, Records of Orange County, said properties hereinafter referred to as Lot "A". F. Owner has applied to City and received permission from the City Council of City on September 13, 1976 to provide required off-street parking on property leased from William -2- Blurock & Partners, Inc., generally located near the intersection of the Arcade and 22nd Street, in the City of Newport Beach, and as indicated on the attached Exhibit "A" incorporated herein by this reference, and outlined in red thereon, hereinafter referred to as Lot "B". NOW, THEREFORE, in consideration of the approval by City of Owner's intended use of the property located at 2110 Newport Boulevard, and in consideration of City's approval of Owner's request to change the location of off-street parking in conjunction with said use, and in consideration of the fore- going, it is agreed, by the City, Owner and Operator as follows: 1. For so long as the building located on the property described as Parcel "A" above, and generally described as 2110 Newport Boulevard, Newport Beach, California, is occupied by "The Old Spaghetti Factory", or its successor in interest with a similar restaurant use, off-street parking spaces will be provided on the property described as Lot "B" and on the' property described as Parcel "A" in sufficient number to provide one off-street automobile parking space for.each three occupants permitted at said Restaurant Business, for the use of employees, customers and business invitees of said Restaurant Business, or its successor in interest. 2. In the event the use of the parking spaces on Lot "B" be lost or restricted to Owner, or should parking spaces on Parcel "A" be lost or restricted to Owner, Owner and Restaurant Business will immediately thereafter obtain additional off-street automobile parking spaces satisfactory to and to be'approved by City, or, if such parking facilities are not obtained, Owner and/or Operator shall reduce the occupancy load of Restaurant Business not to exceed three occupants for each available off-street automobile parking space J provided to Owner and Restaurant Business or in the alternative Owner and/or Operator shall close the Restaurant Business on Parcel "A" located at 2110 Newport Boulevard, Newport Beach, California. 3. This Agreement shall run with the real property owned by Owner and described hereinabove as Parcel "A", and shall bind the heirs, successors, and devisees and assigns of the parties hereto and it shall be recorded in the Office of the County Recorder of 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: /s/Doris George City Clerk a APPROVED AS TO FORM: /s/Hugh R. Coffin Assistant City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation BY- /s/Milan M. Dostal Mayor DUSSIN INVESTMENT CO., An Oregon Corporation By /s/George Dussin SPAGHETTI FACTORY INTERNATIONAL, INC., An Oregon Corporation By /s/Guss Dussin NEWPORT BEACH SPAGHETTI RESTAURANT, INC., A California Corporation By /s/Guss Dussin N [ r' NEWPORT BAY At.....! tt.._. U✓,l/ �i.. ,l✓ICr'Y.UG� HER'POP. T 60U1LEVAAD �J^it:� T �,+ _`• �zz oT' �,M 31 0 7-*,.n(�S' ': ` ^'s v W V•i�� ``"y Y c THE A4.0�94' 11 i I% � ,SCALE 1: "-'l_---5 `.�= � FETT (CITY OF NEWPORT BEACH) STATE OF CALIFORNIA SS County of Orange On 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Mayor, and , known to me to be the City Clerk of the municipal corporation -that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within Instrument pursuant 'to a resolution of its• City Council. WITNESS my hand and official seal. Notary Public. in and for said State (NEWPORT BEACH SPAGHETTI RESTAURANT, INC.) STATE OF CALIFORNIA SS County of On , 1976, before me, the undersigned, a Notary Public in. and for -said State, personally appeared , known to me to be the President, and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation h therein named, and acknowledged to me that.suc'corporation executed the within Instrument pursuant to its by --laws or a resolution of its board of directors. WITNESS my hand and official seal. '(DUSSIN INVESTMENT CO.) STATE OF OREGON ) SS County of ) On 1 1976, before. me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation. executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State.. (SPAGHETTI FACTORY INTERNATIONAL, INC.) STATE OF OREGON ) SS County of ) On ; 1976, before me, the undersigned, a Notary Public in and for said'State, personally appeared' , known to me to be the President, and �, known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such•corporation executed the within Instrument pursuant to'its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and or sas State Agenda Item F-1 - Amended action. (Report from the Public Works Department regarding the effectiveness of the Arcade circulation plan and the off -site parking agreement for the Old Spaghetti Factory) Action: If desired, (a) determine the effectiveness of the Arcade circulation Plan now in effect; (b) adopt Resolution No authorizing execution of an amendment to an approved off -site parking agreement between the City and Dussin Investment Company (The Old Spaghetti Factory), to relocate the subject off -site parking spaces; (c) incorporate by reference the recommendations and findings of the Planning Commission with respect to the off -site parking agreement; and (d) instruct the Community Development Department to temporarily monitor the Spaghetti Factory's parking program to insure the following: (1) That the valet operation of the main parking lot is changed to provide full'utilization of the 96 on -site parking spaces. (2) That the off -site parking spaces to be i provided by the new off -site parking agree- ment (South Coast Ship 'Yard and Design Center) be utilized by Spaghetti Factory customers. A . September 13, 1976 CITY COUNCIL AGENDA ITEM NO. F-1 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: ARCADE CIRCULATION PLAN AND OFF -SITE PARKING AGREE- MENT FOR THE OLD SPAGHETTI FACTORY RESTAURANT 1. That the recommendations and findings of the Planning Commission taken on Aprif 1, 1976, with respect to the off -site parking arrange- ment on the Blurock site be approved and that an amended off -site parking agreement be executed between the City and the Old Spaghetti Factory. 2. That the Department of Community Development be instructed to temporarily monitor the Spaghetti Factory's parking program to insure the following: a. That the valet operation of the main parking lot is changed to provide full utilization' of the 96 on,site parking spaces. b. That the off -site parking spaces to be provided by the new off -site parking agree- ment (South Coast Ship Yard and Design Center) be utilized by Spaghetti Factory customers. INTRODUCTION: On June 14, 1976, the City Council directed the staff to implement the recommended circulation and public parking plan for the Arcade. Also, the staff was directed to periodically review the plan and to come back to the Council in September with the results of this implementation before any action is taken on the off -site parking agreement between the Old Spaghetti Factory and the South Coast Ship Yard and Design Center. The plan was implemented on July 2, 1976 and has been spot checked on numerous occasions during daytime, nighttime, and weekend observations. On August 27, 1976, a complete survey of the area was conducted from 1:15 PM to 10 PM. The survey included inventory of occupied street and private parking areas, vehicle turning counts at the 22nd Street and Arcade intersection, determination of the destina- tion of all motorists enterir}g the Arcade area via 21st and 22nd Streets, vehicle occupancy, and restaurant and off-street parking operations. The results of the survey are summarized in the following observation and conclusion discussion. A separate memorandum from the Community Development Department, discuss- ing the history and chronology of events is attached and labeled Exhibit 2. Also attached are various exhibits and previous correspondence, Council reports, Planning Commission reports, and staff reports. CITY COUNCIL AGENDA ITEM NO. F-1 -2- September 13, 1976 OBSERVATIONS AND CONCLUSIONS A. On -Street Parking and Circulation 1. The parking and circulation plan has significantly improved circulation in the Arcade, 21st, and 22nd Streets. 2. Congestion occasionally occurs at the entrance to the parking area for the South Coast Ship Yard and Design Center, when vehicles desiring to park for the Crab Cooker are denied permission to park. The removal of one parking space opposite this entrance as shown on Exhibit 1 is recommended. 3. That an additional loading zone is necessary in the vicinity of the Old Spaghetti Factory as shown on Exhibit 1. 4. That on August 27, 1976, total traffic entering the area on 21st and 22nd Streets had the following destinations: 1:15- of Total of Total 10 PM Entering 5-10 PM Entering Spaghetti Factory 458 51 415 64 Crab Cooker 261 30 174 27 Business Outside Arcade 90 10 18 3 Other Business in Arcade 80 9 41 6 TOTAL 889 648 5. That on August 27, 1976, traffic entering the area on 22nd Street had the following destinations: 1:15- % of Total % of Total 10 PM Entering 5-10 PM Entering Spaghetti Factory r12— 4— Crab Cooker 252 54 166 57 Business Outside Arcade 84 18 16 5 Other Business in Arcade 22 4 15 5 TOTAL 470 292 6. That 22nd Street and the Arcade can adequately accommo- date the number of vehicles generated by the existing restaurants and businesses. 7. Customers arriving for the Crab Cooker primarily used 22nd Street and the Spaghetti Factory customers primarily used 21st Street. B. Off -Street Parking 1. That peak usage of the Arcade public and private parking areas occurs about 8 PM and on August 27, 1976, 82% of the available parking spaces for the area were occupied. 2. That on August 27, 1976, of the 1070 available park- ing spaces for the Arcade, McFadden and Newport Pier areas were occupied as follows: -,it Y CITY COUNCIL AGENDA ITEM NO. F-1 -3- September 13, 1976 noon - 651 spaces - 61% occupied 6 PM - 679 spaces - 63% occupied 8 PM - 878 spaces - 82% occupied 3. Comparison of off-street parking needs to parking provided for the Arcade area is as follows: Estimated Needs Provided South Coast Ship Yard and '+- Design Center 144 108 Crab Cooker 47 0 Crab Cooker Annex and Bicycle Shop 20 0 Old Spaghetti Factory 137 137 Bloxham Yacht Sales 7 29 TOTAL 355 233 4. The Crab Cooker restaurant does not provide any off- street parking for customers. These motorists continually search for available public street parking spaces, creating the majority of the problems the Spaghetti Factory has been accused of creating. 5. The Crab Cooker needs to provide off-street parking spaces for customer use. 6. The Old Spaghetti Factory restaurant does not fully utilize the 96 marked spaces on their main lot. 7. The South Coast Ship Yard and Design Center and the Old Spaghetti Factory regulate the use of the 55 South Coast Ship Yard parking spaces by use of an attendant denying use by the Crab Cooker or other outside users. 8. The current use of the South Coast Shipyard and Design Center parking lot by the Spaghetti Factory does not create any traffic hazards. This reciprocal use of parking lots is beneficial to both parties and eliminates possible parking deficiencees that might occur. 9. Technically, a violation of the Old Spaghetti Factory Use Permit has not occurred. (See Community Develop- ment Department Report, Exhibit 2). 10. Parking requirements for the Spaghetti Factory were checked by using vehicle occupancy rates obtained during the study. The restaurant is required to provide one space for every three seats. The vehicle occupancy rates showed an average occupancy rate of. 3.11 persons per vehicle between 5-10 PM with an occupancy rate of 3.26 during the peak hour. These rates verify that the one space for three seats is an adequate parking requirement. 11. That Bloxham has on numerous occasions parked a large vehicle restricting access from the Arcade to the existing off -site parking area. Blockage of the Arcade access discourages voluntary use of the available park- ing spaces. Access to the area via 21st Street has generally been maintained. CITY COUNCIL AGENDA ITEM NO. F-1 -4- September 13, 1976 12. On August 27, 1976, the existing Bloxham off -site park- ing was utilized by Spaghetti Factory and Crab Cooker customers. C. Restaurant Operations 1. Both the Crab Cooker and Spaghetti Factory are success- ful restaurants. 2. Peak restaurant usage occurs about 8 PM. At this time both the Crab Cooker and Spaghetti Factory have approxi- mately a one hour or longer wait to be seated for dinner. 3. Numerous customers for both restaurants are observed entering the area on foot having parked in the public parking areas in McFadden and 26th Street. 4. The Spaghetti Factory has adequate seating to accommo- date customers inside the building, whereas, the Crab Cooker provides minimum seating for waiting customers. During peak usage, 6 PM until after 10 PM, the entire public sidewalk along 22nd Street is used as a waiting area for the Crab Cooker. Customers purchase clam chowder, shrimp cocktails, and other tidbits from the Crab Cooker delicatessen and eat while waiting on the sidewalk. f�„i4 c (00 ^ Bill E. Darnell Traffic Engineer Attachments BED:bcd yJ • 1 a � _ a LYei _.f� s]rW...s r .atG� eeox�a4M C.l•OW NEST 4eeAp22y/E' .4VF4W ,1Aj AII•MAK/NE SpAIE .r�ccst _ was t L----- J I -------I .t 1 i 77 QE 0G7ZZM/NEO iIY G{lUZOCK - 1 a GetAC COOKS, i _ _ � __ . _ ., - � • � ANNEX W 3� - I THE CFAS y COOKS.¢ eLuzaeK , i Ll.OlMe• J✓MP H" I � • i h f A WAVe7' ,seyo. 1 , Ak MWEA A7 SeACES - Z4 / Ail! -ZO ?O MY. - 4 Aft Ate' LCNO/N6 ZONfJ - Z �7 A FAKK/Nd OY77ME - MW A-1.4Y �iVO ' EXHIBIT --- - - --- - - -- -- -- � 1 F P4t'K/N& A. Nd C/PCC/LAT/O/V xFGAN FOe 7X- AeC.40.- _ b OFtl�^a " °�� °•"Nca aff OF firm T sucH 7-sla9-s NEVI810Ny o[am an Pu L WoRn DEil1NT sxrLT 1 w e� Department of Community Development u s C'gLIFORN�* DATE: September 91 1976 TO: Traffic Engineer FROM: Department of Community Development SUBJECT: Use Permit No. 1775of_the "Old Spaghetti Factory" Following is a chronology of events pertaining to the "Old Spaghetti Factory" and observations by the Department of Community Develop- ment as they pertain to the Use Permit approved by the Planning Commission and the Off -Site Parking Agreement approved by the City Council. May 2, 1974 Use Permit No. 1775 approved by the Planning Commission. This permit provides that: 1. "That the occupancy of the restaurant, as determined by the Fire Marshal and the Community Development Department, shall at no time exceed the City's current restaurant parking requirement." The parking requirement in effect at the time of approval was one (1) space for each three (3) occupants. Our records indicate that the occupany load of the restaurant is 410 persons, which would require a minimum of 137 parking spaces. Plans submitted by the applicant indicate that there are 96 marked spaces on site and 40 marked spaces in the off -site lot immediately to the north. In addition to the 136 marked spaces, there is sufficient space remaining for the parking attendants to park one or more additional cars in such a fashion that the minimum requirements can be met if not exceeded. 2. "That the streetcar and the Phase II dining room on the second floor be secured and made inaccessible to restau- rant patrons until such time as additional parking is provided." This condition was met by the approval of an Off -Site Parking Agreement by the City Council on Novem- ber 11, 1974. 3. "That parking attendants shall be on duty at all times during regular business hours." This condition was imposed inasmuch as most of the parking is provided in a tandem arrangement. However, it does not requ-ire that all cars be parked by an attendant nor does it prohibit an atten- dant from directing a restaurant patron to an off -site lot for self -parking. On the other hand, it is our understanding that the existing lease between Bloxham and Dussin Investment Company requires that the cars on the off -site lot be parked and picked up by a valet at- tendant. EXHIBIT 2 r'.l TO: Traffic Engineer - 2. November 11, 1974 Off -Site Parking Agreement approved by the City Council. This agreement covers the property directly to the north of the restau- rant site and is secured by a recorded sub -lease between Roger Bloxham "sub -lessor" and Dussin Investment Company "sub -lessee." The sub -lease will expire on December 31, 1976. The off -site parking agreement which was executed by the City on December 27, 1974 provides that: 1. For so long as the building located on site is occupied by "The Old Spaghetti Factory" or its successor in interest with a similar use, off-street parking will be provided on site or off site on the Bloxham property sufficient in number to provide one (1) off-street parking space for every three (3) occupants. 2. In the event that the use of the on -site or off -site spaces should be terminated for any reason, the owner (Dussin Investment Company) will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be approved by the City, or, if substitute parking facilities are not obtained, the owner shall reduce the occupancy load of the restaurant business not to exceed three (3) times the total number of off-street parking spaces provided, or close the restaurant business. Because of the recent problems encountered between the "Old Spaghetti Factory" and Roger Bloxham, the Department of Community Development raised a question as to whether the off -site parking agreement noted above requires the Dussin Investment Company to provide parking• only in the locations described in the agreement, or whether addi- tional parking spaces can be made available for the customers of Dussin Investment. In an opinion dated July 16, 1976, the Assistant City Attorney states that the subject agreement only requires that the lots described in the agreement be made available for off-street parking and that there is nothing in the agreement or in the City ordinances that would require that the Spaghetti Factory terminate using newly acquired spaces in favor of the spaces under the park- ing agreement. A copy of the opinion is attached. April 1, 1976 Amended Off -Site Parking Agreement approved by Planning Commission. Subsequent to the approval of the parking agreement noted above, the applicant began to experience problems to the point where the storage of boats and other debris on the site impaired the use of the spaces required for the restaurant. More recently these TO: Traffic Engineer - 3. problems have grown to the point where the sub -lessor, Roger Blox- ham, has intentionally parked a truck or otherwise erected a block- ade across the entrance to the off -site lot from the Arcade, thus forcing access to the lot from 21st Street. In order to restore their legal rights to the use of the property, the applicant (The Old Spaghetti Factory) has had to initiate a series of legal actions against the sub -lessor (Roger Bloxham). In addition, the applicant has also secured the use of fifty-five parking spaces from William Blurock, owner of the South Coast Shipyard and Design Center approxi- mately 200 ft. to the northwest. The use of this site, which would formally replace the existing Bloxham property, has been approved by the Planning Commission but is still awaiting final approval by the City Council. This matter was considered by the City Council on April 12, May 10, June 14 and August 23, 1976, at which time the staff was directed to bring the matter of the off -site parking agreement and a report on the Arcade parking plan back to Council on September 13, 1976. July 26, 1976 On -site inspection by the Department of Community Development. Observations made by our Code Enforcement Officer on July 26, 1976 indicate that the entrance to the Bloxham lot from the Arcade was blocked with four removable sawhorses. However, the lot did contain six vehicles in addition to a pick-up truck, a truck with a boom, a jeep and two boats. Observations during the evening indicate that one additional car with occupants destined for "The Old Spaghetti Factory was able to park in the Bloxham lot. Access to the lot was gained through the gate on 21st Street. Attempts by at least two other patrons to park their automobiles on the Bloxham lot that same evening were not successful, and they were informed by someone on the lot that they could not park there even though they had been instructed by the restaurant parking attendants that parking was available. When our Code Enforcement Officer asked if he could park on the Bloxham lot, he was directed by a parking attendant to park in the Blurock lot behind the Crab Cooker restaurant. At the Blurock lot, access was controlled by an attendant and access was refused to anyone who did not identify himself as either a boat owner or a patron of the Old Spaghetti Factory. Observations of the on -site lot that same night indicate that the lot was only being used to about eighty percent of its capacity, and that 78 cars were parked in an area which is striped to accommo- date'96 automobiles. Summary 1. The action of Roger Bloxham to block access to the approved off -site lot from the Arcade, and the inaction of the Old Spaghetti Factory to use valet attendants as required by their lease, coupled with an apparent lack of uniform in- structions to the parking attendants as to how the lot is TO: Traffic Engineer - 4. to be used or not used, has led to confusion and a break- down in the utility of the lot to the point that it is no longer being used as envisioned when the Use Permit and Off -Site Parking Agreement were originally approved. However, we do not have any information which indicates that access to either the Arcade or 21st Street has been denied simultaneously, or that parking by attendant has been denied at all. Therefore, it appears that the spaces may be available for use by the restaurant and that no technical violation of the Off -Site Parking Agreement exists. However, it is clear that the lot is not being used in the manner anticipated by the City at the time of approval of the agreement. The existing lease between Bloxham and the Dustin Invest- ment Company will expire in approximately three months (December 31, 1976) at which time "The Old Spaghetti Factory" will either have to reduce the occupant load of the restaurant to the point it can accommodate the required parking on site or they shall have received the approval of the City for off -site parking in another location. In order to assure that they will be able to operate fully, "The Old Spaghetti Factory" has leased additional parking for a period of five years from William Blurock, owner of the South Coast Shipyard and Design Center. 'Although this has not been required parking, The Old Spaghetti Factory has used this site for the past nineteen months. The use of this site by The Old Spaghetti Factory has not created any problems except for the Crab Cooker restaurant which does not provide any on -site parking and relies on on -street public parking in the Arcade and on other surrounding streets to meet their parking needs. The Planning Commission has recommended the use of the Blurock lot for off -site parking by The Old Spaghetti Factory, and the proposal is now await- ing final City Council approval. 3. The on -site lot is not being fully utilized by The Old Spaghetti Factory. Use of the lot to its full capacity can and should be made by the restaurant. Recommendations To assure that the recommendations of the Planning Commission in approving the use permit of The Old Spaghetti Factory are carried out and adhered to, we suggest that the following recommendations be incorporated in your report to the City Council. 1. That the recommendations and findings of the Planning Commission taken on April 1, 1976, with respect to the l 11 TO: Traffic Engineer - 5. off -site parking arrangement on the Blurock site be approved and that an amended off -site parking agreement be executed between the City and "The Old Spaghetti Factory." 2. That the Department of Community Development be instructed to temporarily monitor The Old Spaghetti Factory's parking program to insure the following: (a) That the valet operation of the main parking lot is changed to provide full utilization of the 96 on -site parking spaces. (b) That the off -site parking spaces to be provided by the new off -site parking agreement (Blurock) be utilized by The Old Spaghetti Factory customers. R] ,SX tant Director - Planning JDH/kk Attachment: Assistant City Attorney Opinion dated 7/16/76 CITY OF NEWPORT BEACH OFFICE OF CITY ATTORNEY TO: RICHARD V. HOGAN, Director Community Development FROM: Hugh R. Coffin, Assistant City Attorney SUBJECT: Old Spaghetti Factory - Off -Site Parking Agreement L j �- �`��F Nn El1'HcuF i July 16, 1976 You have raised a question as to whether the Offs -Site Parking Agreement entered into between Dussin Investment Company, a corporation, and the City of Newport Beach in conjunction with the Old Spaghetti Factory requires the Dussin Investment Company to provide parking only on the lots described therein or, whether, additional parking spaces can be made available for the customers of Dussin Investment. We have reviewed the agreement and find that it does not require that parking be provided only on the lots involved in the agree- ment. The agreement only requires that the lots described in the agreement be made available for off-street parking for the Spaghetti Factory use, and should those spaces be lost that additional spaces be found in another location or, in the alternative, the use of the Sp ghetti Factory be reduced in intensity to conform to the et parking spaces available to the Spaghetti Factory. As we understand the facts, the spaces referred to in the off - site parking agreement are available to the Spaghetti Factory for off-street parking. Further, additional spaces have been made available by a separate agreement. There is nothing in the agreement or in the City ordinances that would require that the z 11 Richard V. Hogan, Director July 16, 1976 Page Two - old Spaghetti Factory Spaghetti Factory terminate using the newly acquired spaces in favor of the spaces under the parking agreement. Should you have additional questions regarding this matter, please don't hesitate to contact me. HRC:yz HUG C FFI Assistant City Attorney ARCADE gUESTIONNAIRE August 27, 1976 Vehicles Entering Arcade From 21st and 22nd Streets Number of Vehicles Entering Time Start ' 1.15 PM TIME stj D Nb Spaghetti Factory Crab Cooker Other . In Arcade. Outside Arcade Total Entering 2:00 PM 5 25 12 8 50 3; 00 PM ¢ 16 23 11 54 4' 00 PM 4 23 23 6 56 5:00 PH 30 23 14 14 8 � 6:00 PM 86 32 7 l0 135 7: 00 PM 1 1 1 48 1 4 5 168 8,06 PM 93 42 3 1I 149 9:00 PM 81 31 0 10 122. 10:00 PM 44 21 4 5 74 TOTAL 458 261 90 60 889 TOTAL (5 - t o OM) 4 t 5 174 I S 4 1 64-6 v TIME ENDING 1400 C3 P0) 1600 1706 ((0 F" ) 1900 2600 2106 ( 260- OPM) TOTAL TOTAL, (1700-294c 5-10 PM START ARCADE QUESTIONNAIRE COUNT LOCATION TIME: 15: 15 August 27, 1976 22 ND 5T1�r=T Question: We are doing a traffic survey, would you please tell me what your destination is? Spaghetti Factory Crab Cooker Other in Arcade Outside Arcade No. of Vehicles No. of Occupants No. o VehicleEOccupanlVehicles 'No, of No. of .No. of'' Occupants No, ofj Vehicle No. of ccupan 10 3 3 25 53 11 11 2 2 0 O 32 22 29 2 3 3 4 22 42 21 23 2 3 1.1 21 23 57 14- 16 ! I 25 61 32 86 7 12 8 15 25 74 44 117 3 4 I 3 17 53 40 166 3 4 3 5 15 43 30 69 0 0 t 3 13 28 20 56 3 11 2 5 1 t 2 287 252 622 84 1/0 22 40 95 259 166 438 16 15 31 EXHIBIT 4 t TIME ENOtNG 1400 � () 1600 1766 (a0+°) 1900 2W 2100 (to PM) TOTAL 'TOTAL (17M-220 , 5 10 PM START ARCADE QUESTIONNAIRE COUNT LOCATION TIME: IS :15 August 27, 1976 215T STREET Question: We are doing a traffic survey, would you please tell me what your destination is? Spaghetti Factory Crab Cooker Other in Arcade Outside Arcade No. of Vehicles No. of Occupants'Vehicle No, o 'No, of ccupan No. of ehicjes No. of Occupants. No, of Vehicle No. of ccupan 2 2 0 0 ► 2 6 8 4 to 0 0 1 3 15 1 z 1 z 2 3 4 6 19 72 D O 0 0 13 21 61 220 0 0 0 a 2 3 86 283 4 9 1 2 4 -7 76 256 2 4 0 8 20 66 2 i l 1 2 0 0 9 29 31 81 I 2 I I 3 5 346 1119 9 19 6 9 .581 114 320 1033 8 17 2 3 2(0 64 EXHIBIT 5 ARCADEPARKING TUI August 27, 1976 AREA CAPACITY 12 NOON 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM BB 24 22 24 21 26 26 25 27 27 27 24 CC 55 37 43 46 47 41 42 40 49 49 42 DD 20 19 19 18 17 13 17 17 20 21 21 FF 2 1 3 3 2 1 2 2 2 2 2 GG 3 1 2 3 2 0 1 0 0 0 0 HH 3 1 1 2 2 3 1 0 3 3 0 LL 6 0 6 5 4 5 4 6 6 6 0 WW 29 SP* 9 10 7 11 11 10 17 26 28 27 40 V* xx 96 V* 42 39 46 51 44 39 65, 75 77 74 YY 26 2 2 2 2 2 2 2 3 3 3 TOTAL 264 156 149 153 164 146 143 176 211 216 193 m x % Occupied Parking Spaces * SP = Self Park L1 V = Valet 59 56 58 62 55 54 67 80 82 73 ► y I I 23 "'r Sf sr rk Nf� GRAND TOTAL DATE 7-rvf 7) TIME HOURS FROM `A.M. TO A.M. 1*15 P.M. TO 10!00P.M. WEATHER CLOAZ ROAD SURFACE CONDITION D2N CITY OF NEWPORT ' BEACH* CALIFORNIA J. ?A" TRAFFIC ENGINEERING DIVISION DATESIVE 8 1976 EXHIBIT 7 w A 22 Np STREET PEAK N U RA DATE 6- U'76 (FED-) TIME I HOUR FROM A.M. TO A.M. 5��P.M. TO 6:45 P.M. WEATHER QL AC ROAD SURF CEECONDITION TOTAL ENTERING: I S5 CITY OF NEWPORT BEACHo CALIFORNIA �•N'B TRAFFIC ENGINEERING DIVISION I DATESEPr 8 19 76, EXHIBIT 8 k� 23''t/' ST. O'r'.�gt/T1y tpgS i 1! ANC G.S/4N ,«Y'�'C'b y Nam¢ I io8 L � I 0 as �• _« J A-V �AOkdi4' I1 e'.Cer s ao• I I �p�,tire7r! � I �v�roaY I I /39 j !/gG6T ddEJ,44ATd}! Srcf46d�'j i raekr � pAR,eAvlsrvEfa Ea TOTAL ACr4144 lA,pK/N4 .*94E5 f'woeltf�a = 233 �s7/M0740 ,WwWW/lv4 onto .�ZdriQ!/�i�2G°M�'NT oao oEEsraEET aAa,�r�v�r *A A6 MA+I'KEG OF,rsT,PEEr •%44rO$ AlwelGEC Aw 4w-WIM-E9 .aiMP14 A, A," OAWS/77f ft4R.�/N!/ ADArEc�Me•NT. L&sTlM,4,;r.Aa ,4AP404a� ,as OAC.57RVFr ,f v&r414 N e EXHIBIT 9 Acvo.. X X r Li2 1 1 ® Mg J ►5 112; ► 20 i p ��� _ .ausaoi c�'.�cw,vrer,saaris (rorei-6s/� Ell y �\ 1 glib ParNO RM. /-L/,K/17 niory se 2-r , /Ew« - —1 h ti N It silo Ono �«;_ .GfmGw- a/iew.rrrsXkacas �Tot�/•G7y� Par kiOf �'nD .wAL n 74, 0 l� ACP Sea/a - R�r� r 1 J zz 1314« F t �Nl iN� I \tt�Vi 3; \ ®_ Azzm&z- o,4o*ces C751P,-107�0, Ath aai d,ax»w saacis (16-ow, 878) Parki&9 /nvehtory 800 Jtdl ,4—m�AX vm Z W H � N r tot z \ � r5 �, r 20 r) ��; �� • ®6; �cv; r g, Q � Q = ac ndTr of apaces CAMPI-/070) ".Mz i 923) J (SA>) Parkie9 Inventor �t.00 PAf 1176 13411 y , • N D (7ofa/-/070) _ .rkmGrr a�arocviaisaaccs - 9T., S� )3-1,Vr. cG•, 0 (ball Parkio n /vehfor 8: on w.v is7� _ - h - - _• � - � • t J!� •_ �::' _ _ _ Jai �•.. i - .r A� :Y. '.4t'• ..yiw _ :>l •, ..:i� �C•M• - (-N-;'7_L� "`4::? `j• •➢--•S _ _ y'3. r>- 4� -i. ..•.•.-y: �`i. _ .: '' �t{F}1[`� .i. - v>_' :-Y,i'. .#_:'` _ .�u( __'�Fa � ~-� - ._}:<_ - �S•�.T'. 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FtOul K[n/ A SInLWI.uc.. 3f !+. a! -_. •_s.. _,.s •. _ _ i' - .i, '� �]j ��� FALL LDOFwS Sf•A.l BL 4.Kyi ;L%ITW OLZNSTIU6FIFLF.f4tA1{Ir-y;«�- • AaLs D]XS 4D3.3 K MIJAUL FROMI"M WrTAD3T U69OFAMV nt'I'..:.t.-::: fit.. _ _. _ _. _ - �3 .6 ♦ •.•+r tO F_3('L' 0 NEWPORT RAY r' _ �•\ - --r• •� twp Rf[NAd L7u_-._ 1 `r / .�\ �\ �kBW� V �/ - \1 i i L• _ Udmq IL I � � Win? �✓\ - - ' THE Avo A DIYIn= it Yw li son I i�7 pit -_ — •lam _ - e ••Y �•,� -> RRWYORT BOULEVARD- } - - - - South Coast Shipyard & Design Center : _ : 8� FEU `: 9 c SOLO 1Tt) COAST SI)I PYA-R-0 - ACI)TINC4,1NC Brokerage Charters Shipyard- • , Marine- Hardware Aug 21; •1976 Dean S.iAh, � • r'j't• • The parking situation. .in .the. vicinity o6 this o66.ice5a.6 ,become uribeaaab2e. The eon6uzion eauzed by the Spagett.i FactoAy each•Oven.ing..is eauh.ing tAa66ic. jam upa to the extent that,-"ouA' cu.6tomeA.6 6ind .it .impohh.ib& to )Leach uz and we. 6.ind-teay.ing, 6oA the day .i-6 becoming hazaAdo"—.to�ou)L health. it .i,5 .the opinion o6-tki a tab.Z�hment .that i6 existing oAd.inancez weAe to be.-,stn.ictty en6onced tha he pxesent •e.ituat.ion would be AeCieved t6=a tivea62e�extent.• •The pxe�sent cond.i.t.ion o6 caAz paAk.ing .in »Nd`PaAfitng'ta ;¢a ¢nd'doubke pa'Aking a,6 wett'a-s• the Spagett.i Fae!tohy patr6; RA-% wdkcteA.cng around' took.fng 6oA an empty space can ,be Aemed.ied';;bc� picopex 'til' k6 ie hupervihion: A so!'ution sueh,ais this :muh':`be�J� r)Leaehecrey'`ac'deA that business 1n thi,6 aAea may' be condueted;,ii'O' :pic66:e seona2•-in neA. ,In the mean time, chaod Ae.fgnd"""aYtcF'='unt.C.i..•��ome manneA o6 oAdeA is eri6oAced. r ]jr1jwJv �M •++f f�'nn}5j'I"f^��{wT _ Di.�. ^�, yDc O S A •; . .- "z.. a .• 2230 Newport Boulevard - Newport Beach, California 92660 • (714) 675.7950 , ' SOL(Tb COAST SbipyARO yW CI)TINCH, YNC:. Brokerage ' Charters Shipyard, Marine Hardware _. -14 Juty 1916 • Bturock and As.boc. >•':,. ':'`" 2�00 .Newport Stvd.', : , .. ,:�"•,:, NewpoKt Beach, Ca. 92663 .,. •.Peas • Wt. Stutock,' ..:.. :' , ... :' ;.',,•`;' '' ;' It i,6 with. tegx'ets that 1 Aind .it nece6sar'y to WA ,• , `: ••1 ,;•�. this tetter..,Hoiueaex, I Aind .it imposs-Ehee to deae any 6uxth¢t with'Pai.ib.ie Baats regatd.ing thelx•mLsuAe 06 the _• •pathing 6acititEes and patio area.: The phobtems axe as 1: Parking boars behind out paxk•ing spaces .in a mannex ,iuf}.i.efi it nearPy .impomibte box out patrons to' enter of teave. :;- .2. Paxk.i�} g txaitexed boats on txueks .in a mahneh .that henche'entxy to the ent.ixe,paAking 6aci•e,ity.6bt periods 1•F•., . •T" •.,,' exceeding an hout. T,_ 3. Statting and,aunntng o6 boat engines .in the. patio :'..•" .� which make,e noxinat business activity cease doto mention the ptob.eem o6 telephone' conversation„many o6 which., ax•e •as .tong distant as Ftor•ida.! « 4. Park;ing boats .iri • "b�.s ttoxh dhaees when patk� ng' tti a'ptemium without th�z-.inconvenience compounding .it. ,,•'.,,•;. 5, lfsing the patio 6ot.motorcye.Ze'.parkihq,, tet atone demonsttating the art ob'motoxbike"jump.ing between the' aptio and paxk.ing area. y ..,, :• . • i have spoken to sev¢rat o6"the` Pac.i6.Ec Boat pexsonnet .; ••l '' Aegatdtng,the-.AiA.6t bout 06 my comptaxnts upon .man ootdedan3 most times'.without xesutts, Never have•I been a66otde.d .the eourtesy,•o6 being diAected to the manager as I have ' "- ;••' each -time xe�uested. -We. too. axe -attempting to tun a business and we' ate 6•cnding it mpx¢ and 'more d.i6Aicu.tt white they ate .in6x.ing-ing. uppn out.. bus.cness pta'ee as .i6'.it .were a junk 'shop• in an alley:° 7 'wish to get atong-wiith my neigghbors and •try to be pot.ite to everyone. I am .6ineexeE y in hopes that this " probtem can be reet.i6.ced in such a mannex that South Coast Yachts and Paci6lc Boats can become 6x.iei1dey neighbors and, • ;' work'as a team.- Thank you box your consideration in this ' matter. : very xesp a utey, Dean P.. Ritt CC: Pac.i6.ic Boats Fite 2230 Newport BoulevardNgwport Beach, California 92660 • (714) 675:7950.-. `. A & P Marine Hardware 2130 Newport Blvd. Newport Beach, CA 92663 714 - 675.2500 o7i 7,1, -� �y 0 Cam,, aa- :,: .a/LC4-. 4--yci ery a 2110 NE','lPORi BLUE. NEWPORT BEACH, CAL 92660 675.1700 i �b'Jt/LL L./Ku` C@> ��/d/fit //✓�- S /. �l,a,—,Gy ,,y r,4 14 �:c�v< 70'-Z 2— /{C'siav/("PN� /s/� .2 �: E.L s r�� c !� /i' G--`c Tc: �� ?� r� �lh ti /.,/ T rC o d.: %' /-G .� �✓ c SL; Gib ut e- i .C1 % t=�<7 N•>i /-i +�i fJ't?: c A u S � T y [. - t=-✓;%'.i -+/c cr %,,> %> r O ✓cam /L f- � :: c../ C. J i / 5 "Ji /1,= i G u � i T> /= /n/�� /�il/.i /✓� a, J i i � � , - Tv c=,2 ci' �=•vS ✓ �;j p�rr'iG✓LY j=o/C �Y C✓srb.,E+25 %rJ PiJ/�S /�✓_> S'+.✓G c�.0 � � 7 RACING AND CRUISING SAILS �• ' MARINE EQUIPMENT Y ' diiott Ship sailmah ers 224%, 21ST STREET • NEWPORT BEACH, CALIFORNIA . (714) 673.2140 ku 4,1�z J. Y14441-- "O((�Cs�`�sCP ?aea a 't Ile A-/ G,1)P61 de-��- dam. '•,1 RACING AND CRUISING SAILS ., MARINE•EQUIPMENT ls►I `..Y 224%21STSTREET • NEWPORT BEACH, CALIFORNIA • (714)673.2140 144,V � l Lae, a�L `-�o-- C xat e A 226 - 21st St. NEWPORT BEACH, CALIF. 92660 -PHONE 673.9321 et' /L_4 cn..rjz" to �/ji-c. �/�La��.wr � e-,-G rp v'j'�- a / ST v; it �?,-•i.-1,.CG � ��Ci.yky[1 (.� _` �i [LLtJ /.+`�Cli7��<_tC �t,Ki1.�U.`-/Lfh.t/ tY.�-� =�-j+.-ct// -�..t.t1 �.•�/. c'x. ,/'c�a.L �w,'�Lc'i-`���p. /� ¢, vt/ �,,/li.c��t.> chL a/ - �. Lu Gain CLLL� General Marine Services / Ways for Hau/ Out DECLARATION OF ROGER BLOXHAM My name is Roger Bioxham. I am the sublessee of the property directly across the alley from The Spaghetti Factory in Newport Beach, California, which property has been the subject of use by The Spaghetti Factory for additional parking in conjunction with the operation of their restaurant. I have personal knowledge of the facts set forth below and if sworn as a witness can testify competently thereto. I do declare as follows: 1. On June 28, 1976, in the morning hours, I met with Mr. George Dussin, the lessor of the property presently occupied by The Spaghetti Factory in Newport Beach, California, a minority stockholder of the corporation which owns The Spaghetti Factory and the master sublessor of the property which I presently occupy. At that time, Mr. George Dussin made, in substance, the following statements to me: 2. He is the lessor of the premises commonly known as The Spaghetti Factory in Newport Beach, California. Additionally, he is the holder of a minority block of stock of the corporation which owns The Spaghetti Factory and facilities. 3. The Spaghetti Factory is in default and has been in default with respect to the terms of the use permit which was granted to it, particularly with reference to its parking. 4. It is his opinion that The Spaghetti Factory should not be running motor vehicles through The Arcade to the Blurock parking lot, and in this respect, he agrees with the statements made by Robert Roubian to the City Council that the fact of such movement of vehicles is hazardous to the traffic circulation of The Arcade. -1- 5. The statements made by the operators of The Spaghetti Factory that they could not deal with Roger Bloxham are untrue. He has a twenty (20) year lease with two (2) ten (10) year options on the Bloxham lot, totalling forty (40) years, and as Bloxham has agreed, this lot may be used for parking by The Spaghetti Factory. He also desires that The Spaghetti Factory use said lot for its parking. There is no basis in fact for the claim that The Spaghetti Factory is unable to use the Bloxham lot. 6. He has made surveys of the Blurock parking lot at 5 p.m., on various afternoons. He has noted from these surveys that at such time there are not more than four or five available spaces on the Blurock lot because of prior use by Blurock's tenants. Any so called dual use is simply not operable. It is the �e��teo� of the operators of The Spaghetti Factory as well as Blurock that come September, 1976, the City will not enforce its last decision and will instead, by inaction, tolerate the continued use of the Blurock parking lot by customers of The Spaghetti Factory. 7. He has observed that the subtenants, employees and designated users of Blurock have been utilizing the onsite parking facilities of The Spaghetti Factory so that by 5 p.m., that facility is already occupied to the extent of approximately 50 percent by people who are not customers of The Spaghetti Factory, for whom the lot was originally designed and designated. I declare under penalty of perjury that the foregoing is true and correct. Executed this l''tlay of -2- it DECLARATION OF ROBERT ROUBIAN My name is Robert Roubian. I am the owner and operator of The Crab Cooker in Newport Beach, California. I have personal knowledge of the facts set forth below and if called upon as a witness could testify competently thereto. I do declare as follows: 1. On June 28, 1976, at 1: 30 p.m., I had a meeting with Mr. George Dussin, the lessor of the property presently occupied by The Spaghetti Factory, the master sublessor of the property presently occupied by Roger Bloxham, and a minority shareholder of the corporation which owns The Spaghetti Factory. At said time and place, Mr. Dussin made, in substance, the following statements to me: 2. IIe is the lessor of the premises commonly known as The Spaghetti Factory in Newport Beach, California. Additionally, he is the holder of a minority block of stock of the corporation which owns The Spaghetti Factory and facilities. 3. The Spaghetti Factory is in default and has been in default with respect to the terms of the use permit which was granted to it, particularly with reference to its parking. 4. It is his opinion that The Spaghetti Factory should not be running motor vehicles through The Arcade to the Blurock parking lot, and in this respect, he agrees with the statements made by me to the City Council that the fact of such movement of vehicles is hazardous to the traffic circulation of The Arcade. 5. The statements made by the operators of The Spaghetti Factory.that they could not deal with Roger Bloxham are untrue. He has a twenty (20) year lease with two (2) ten (10) year options on the Bloxham lot, totalling forty (40) years, and as Bloxham has agreed, this lot may be used for parking by The -1- j Spaghetti Factory. He also desires that The Spaghetti Factory use said lot for its parking. There is no basis in fact for the claim that The Spaghetti Factory is unable to use the Bloxham lot. 6. He has made surveys of the Blurock parking lot at 5 p.m., on various afternoons. He has noted from these surveys that at such time there are not more than four or five available spaces on the Blurock lot because of prior use by Blurock's tenants. Any so called dual use is simply not operable. It is the view of the operators of The Spaghetti Factory as well as Blurock that come September, 1976, the City will not enforce its last decision and will instead, by inaction, tolerate the continued use of the Blurock parking lot by customers of The Spaghetti Factory. 7. He has observed that the subtenants, employees and designated users of Blurock have been utilizing the onsite parking facilities of The Spaghetti Factory so that by 5 p.m., that facility is already occupied to the extent of approximately 50 percent by people who are not customers of The Spaghetti Factory, for whom the lot was originally designed and designated. I declare under penalty of perjury that the foregoing is true and correct. Executed this 2_ U day of August, 1976, at Newport Beach, California. -2- �- a4 `�Q l l��\U q 1\ ROBERT ROUBIAN a k. I, 1. t•..1 IJ. or for f is •::,;• l`•�,SIOr C 41 Councilmen The Crab Cooker 2200 Newport Boulevard Newport Beach, ca 92660 August 9, 1976 Honorable Mayor and Members of the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 G;. cay or / PIEWPOfti FCAM Re: ARCADE - 21st Street One -Way Alley ' 4; CALIF. Dear Mr. Mayor and Members of the City Council: N On May 10, 1976, at its regular meeting of the City Council, the Council considered the request of the Old Spaghetti Factory restaurant to amend the approved offsite parking agreement to relocate the offsite parking spaces from the Bloxom parking lot to the Blurock parking lot at the other end of the Arcade. At the meeting, the Council refused to amend the offsite parking agreement and indicated that it would consider the matter again at the end of the summer to determine how traffic flowed through the Arcade after the Arcade parking plan had been implemented by the traffic engineer. Apparently, some confusion exists as to what the Spaghetti Factory could do in the interim. At present, although the Spaghetti Factory was not successful in having its offsite parking agreement approved thereby getting City approval to transport vehicles by way of valet direction through the Arcade to the Blurock parking lot on a permanent basis, the Spaghetti Factory continues to transport the vehicles to the Blurock parking lot on a daily basis. The traffic engineer's office and the City have completed the parking plan for the Arcade and it seems to be working nicely. However, traffic is still highly congested in the area and with the valet direction of the Old Spaghetti Factory's customers' automobiles to the Blurock parking lot the situation becomes outrageous. May I request that the Council direct the appropriate authorities to compel the Old Spaghetti Factory to desist from transporting vehicles to the Blurock parking lot. In the alternative, would the Council please permit me to address it at its next regular meeting so that we may have some definitive resolution with regard to what the Old Spaghetti Factory is to be doing now. My understanding is that the Council was going to look at the problem at the close of summer and upon the City instituting the new parking in the Arcade. Further, the City was to be examining the traffic patterns within the Arcade during the summertime. I thought that the City would want to examine the Arcade at its normal operating level without the Spaghetti Factory running Honorable Mayor and Members of the City Council August 9, 1976 Page Two automobiles to the Blurock parking lot so that it could make some determination as to what granting the Spaghetti Factory's permanent request would cause in the future by permitting additional vehicles to traverse the Arcade area to park in the Blurock lot. At present, the reverse is occurring. The Arcade has its normal traffic plus the Spaghetti Factory valet directed automobiles, and I can attest to the fact that the Spaghetti Factory's valet direction is unduly burdensome to the Arcade traffic congestion. Thank you for your courtesy and cooperation. Very truly yours, Robert Roubian The Crab Cooker CO yip1C June 14, 1976 CITY COUNCIL AGENDA ITEM NO. F-1 TO: CITY COUNCIL FROM: Traffic Affairs Committee SUBJECT: OFF -SITE PARKING AGREEMENT FOR THE OLD SPAGHETTI FACTORY RECOMMENDATION: 1. That the recommendations and findings of the Planning Commission be approved and the Off - Site Parking Agreement between the City and Dussin Investment Company be approved. 2. Instruct the staff to implement the attached parking and circulation plan for the Arcade. DISCUSSION: At the May 10. 1976 Council meeting, the Council postponed action on the Off-Si-te Parking Agreement between the City and Dussin Investment Company until TAG completed the parking and circulation plan for the Arcade. TAG again met with the property owners on June 2 and June 7, 1976. The attached parking and circulation plan was reviewed and approved by the following businesses and property owners: William Blurock, Spaghetti Factory, Crab Cooker Crows Nest, A&P Marine, and the Bicycle Shop. Roger Bloxham did not agree to the parking plan. He desired to have his entire frontage clear allowing full access to his property. TAG reviewed his concerns and agreed that the access shown on the plan was adequate and maximized parking in the Arcade. The proposed plan maximized parking and provides good circulation for the area. The loading zones shown on the plan will provide areas to be used by delivery vehicles, re- moving them from the travel way. Also included in the plan is the provision for four 30-minute parking meters to provide short term parking for the businesses in the area. Bill E. Darnell Chairman, Traffic Affairs Committee Attachments BED :bcd ••n.mN r.t.1 •P+1 nl nun n•r•r. 1*7 . i' trJ �ST'�g1(0 -130 \En -OPT OOJICVANO . NCwPC.T MACH. CA 52553 . 17141 505-i500 May 10, 1976 Mr. William Darnell Traffic Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92663 Re,:. Parking Meters Located In Front of 2130 Newport Blvd. Dear Mr. Darnell: Recently my husband and I opened a retail marine accessories store in Newport Beach located directly behind the Crab Cooker Restaurant and next door to The Crow's Nest Yacht Brokerage. It comes to our attention that there is a tremendous parking problem due to the fact that there are two restaurants located within the block without sufficient parking spaces for their customers but their parking problem exists mostly after 5:OOpm. Our problem is that we are a speciality store and we can not depend on walk-in traffic. We must have parking for our customers. Right in front of our store, there are four one -hour parking meters. I am requesting that those four meters be changed to 20-minute meters in order that we may remain in business. If people can not find parking, they will not patronize our store for the items we specialize in. The hours for A & P Marine Hardware are 8:00am - 6:00 pm, Tuesday through Sunday. In the event, you would like to discuss the matter further, please feel free to contact me at (714) 675-2500 as the earliest possible attention to this matter would be greatly appreciated. Very truly yours, i1 Paula C. Czuleger Cu: •:3 SENT To. Pcc r� L7•ana,^,cr cc: Mayor and City Council — E—i Attnrn^; n.0:?Er e o I� CC•J,;ttncrt 01 MY OF 9, ` CALIF. �` �/ MY OF 9, ` CALIF. �` �/ May 10, 1976 CITY COUNCIL AGENDA ITEM NO. F-1 TO: CITY COUNCIL FROM: Traffic Affairs Committee SUBJECT: OFF -SITE PARKING AGREEMENT FOR THE OLD SPAGHETTI FACTORY RECOMMENDATION: 1. That the recommendations and findings of the Planning Commission be approved and the Off - Site Parking Agreement between the City and Dussin Investment Company be approved. That TAC prepare and recommend a public parking and circulation plan for the Arcade. DISCUSSION: At the April 12, 1976 Council meeting, the Council referred the proposed Off -Site Parking Agreement for the Old Spaghetti Factory to the Traffic Affairs Committee. The Council requested the Committee to meet with the affected property owners and or renters in the area to resolve Mr. Robert Roubian's concerns regarding traffic that would be generated by the amended agreement. TAC held a meeting on April 28, 1976 and invited representatives of the Old Spaghetti Factory, Robert Roubian, Roger Bloxham, William Blurock, the Crows Nest, and the Bicycle Shop to participate and comment. The Committee received the attached traffic report from Mr. Roubian, prepared by Weber Associates, and the attached traffic report from the Old Spaghetti Factory, prepared by Crommelin, Pringle, and Associates. Both reports indicated a need to implement a parking and circulation ,plan for the Arcade and 22nd Street. TAC, after reviewing the reports received and hear- ing comments from the various property owners 'and or renters, determined that there are two separate issues. The first being the Off -Site Parking Agreement referred to TAC. The second being circulation and public parking in the Arcade. The Committee's findings regarding each item is as follows: May 10, 1976 CITY COUNCIL AGENDA ITEM NO. F-1 Off -Site Parking Agreement Parking on the lot will not create undue traffic hazards in the surrounding area. 2. The lack of off-street parking by the Crab Cooker and Crab Cooker Annex create many of the problems that concern Mr. Roubian. The Off -Site Parking Agreement satisfies all the requirement of the City and is similar to other agreements that have previously been approved on the Peninsula and other areas of the City. 4. Should unauthorized persons use the parking spaces provided by the Agreement, the Spaghetti Factory could implement procedures to remove or prohibit the unauthorized users. Circulation and Public Parking 1. Circulation and public parking in the Arcade can be significantly improved, but will require the cooperation of all parties involved. 2. The Police Department and the Traffic Engineer- ing Division met with the three property owners, Blurock, Dussin, and Roubian on March 16, 1976 requesting that the three work together'to develop a plan that would be acceptable to all concerned. The property owners have not been able to work together and therefore, it will be necessary for the City Staff to develop a plan for TAC and the City Council's approval. The plan should be completed and submitted to the City Council at the first meeting in June. Bill E. Darnell Chairman, Traffic Affairs Committee Attachments BED:bcd WEBER ASSOCIATES Traffic Engineering Consultants (213) 889-4210 32107 LINDERO CANYON ROAD SUITE 216 WESTLAKE VILLAGE. CALIFORNIA 91361 April 12, 1976 Mr. Robert Roubian The Crab Cooker 2200 Newport Blvd Newport Beach, Ca. 92660 Dear Mr. Roubian: As you have requested, I have reviewed the request of the Spaghetti Factory to amend the off -site parking agreement* which they have with the City of Newport Beach. This agreement, as it now stands, allows the Spaghetti Factory to expand their occupancy from 294 to 410 persons due to the fact that they are providing an additional forty parking spaces on lots located immediately to the north (see Figure 1, Lot B) under lease agreement with Roger Bloxham. The requested Amendment to the off -site Parking Agreement, will, if approved, result in relocating the off -site parking spaces from Lot B to Lot C (see Figure 1) under a lease agreement with 1i. Blurock. If it is assumed that the fifty-five parking spaces in Lot C are to be utilized for Spaghetti Factory customer parking, and that the customer turn -over interval is an hour and a half, then there will be 55 vehicle trips to Lot C and 55 trips returning from Lot C, for a total of 110 trips for every one and one half hour period. During the course of the evening, four to five such periods may occur creating a total of approximately 500 vehicle trips. If the customer turn -over interval is one hour, then the total traffic generated will be approximately 700 trips. It is a well known fact that the present traffic demand frequently ex- ceeds the capacity of The Arcade. An additional traffic volume of 500 to 700 vehicles through The Arcade could cause an extremely undesirable situation, if not a complete breakdown in traffic circulation. It should be noted that the use of Lot B does not impose this additional burden on The Arcade. Executed by the City of Newport Beach on December 27, 1974. a Mr. Robert Roubian Page 2 Another difficulty which may well be experienced of Lot C. Observations on April 8, 9, and 10, 1976 55 parking spaces, 36 or 65% were occupied at 5:00 p a conflict of usage is likely to occur preventing fu spaces for Spaghetti Factory parking. is due to the dual use disclosed that of the .m. This indicates that 11 utilization of these The underlying question is: How does one resolve such a conflict? Customers of the Crows Nest or the various other shops in The Arcade, or the occupants of the adjacent twenty-two boat slips may be parked in Lot C. Are they to be contacted and told to move? The enforcement of a 5:00 p.m. dead- line would appear to be most unrealistic. In conclusion, the use of Lot C, as proposed, may cause severe traffic congestion and create parking enforcement problems which, if not resolved, would result in an inadequate number of parking spaces for customers of the Spaghetti Factory. ALW:mer Encls: Drawing Sincerely, \ LOT A: spaghetti factory- main lot �' 1 LOT B: existing ark n� lot xham lease agreer LOT C: proposed blurock lease \ agreement parking lot 40) X LI PARKING STUDY OF THE ARCADE Newport Beach WEBER ASSOCIATES 32107 Lindero Canyon Road Suite 216 Westlake Village, Ca. 91361 April 12, 1976 t The Arcade, which is located between 21st Street and ?2nd Street in the Peninsula area of Newport Beach (see figure 1) provides access to a number of business places and serves as a parking area for their customers. On many occasions, traffic volumes and the parking demand exceed the capacity of The Arcade, and severe congestion occurs. Congestion is costly and parking spaces are in high demand. If congestion can be reduced and more parking spaces provided, customers, business houses, and the City will benefit. The purpose of this study is to determine if there are steps which can be taken to reduce the congestion and achieve a higher utilization of the parking area. Numerous observations of the operation of The Arcade were made in the afternoon and evening during business hours. Some of the more undesirable characteristics of present operation noted were: 1. Inadequate number of parking spaces 2. Indiscriminate parking at points which seriously impeded traffic circulation 3. Narrow travel ways leaving little room for maneuvering. 4. Double parking while waiting for a vacant parking space. 5. Continuous circulation in an effort to locate a parking space. 6. Employee parking in The Arcade. a Other characteristics of The Arcade which were noted are: 1. Lack of parking meters at many points resulting in low parking turn over and loss of revenue 2. Lack of well defined parking spaces 3. Inefficient use of available space such as on 22nd Street, at the rear of the Crab Cooker Annex, and in front of the Crows Nest 4. Travel lanes not defined 5. Poor utilization of off-street parking facilities. Some of the steps which can be taken to overcome some of these poor characteristics are demonstrated in the parking layout shown in Figure 1. Maximum utilization of space is shown with 39 parking spaces on public right-of-way. This is an increase of approximately 30%. Each space is marked and has a parking meter. At present, there are only 13 parking meters. The additional meters will allow much better control of employee parking, and provide additional revenue. Travel lanes are clearly defined and of adequate width to allow for two- way traffic movement. In order to implement this plan, striping will have to be placed and 26 parking meters installed in addition to accomplishing the following: 1. Relocate the door at the rear of the Crab Cooker opposite parking space 11 to the side of the same building, so that parking space 10 can be utilized for loading and unloading. 2. Relocate the planter on private property (by space 13) westerly approximately ten feet. 3. Remove the posts on public right-of-way in front of the Crows Nest. -2- 4. Remove Lhe post locaLed on the norLhwesterly corner of the Spaghetti Factory property. 5. Relocate the door to the work shop in the rear of the Crab Cooker Annex facing 'space 30 to the side opposite space 31. 6. Remove the driveway on 22nd Street adjacent to space 36. The purpose of this plan is not only to provide for better circulation, but also to maximize the number of parking spaces. Without question, there is a high demand for the limited number of spaces available. The Arcade is not a through street. It should be designed to provide for local access and parking. To reduce the number of parking spaces is to reduce the very thing which is in greatest demand. Alternate parking layouts have been considered. One such plan considered was the placing of angle parking on the north side of 22nd Street. Nine angle spaces could be accommodated. However, nine spaces can also be provided on 22nd Street with the proposed layout indicated in Figure 1. Angle parking is recognized as having an accident rate from 2 to 3 times higher than parallel parking. This is the primary reason many communities do not allow angle parking. In addition, such parking would conflict with the two way traffic on 22nd Street. As a' result, angle parking is not being proposed. It should be noted that an attempt has been made to utilize areas for parking which have in the past been set aside exclusively for merchandise loading and unloading. Considering the critical need for parking spaces, it seems best to utilize this space for parking rather than prohibit parking in such areas for 24 hours a day when they are used for unloading for only SIB a short period. Barricades could be used, or the meters covered when unloading is required. In conclusion, it is apparent that steps can be taken to improve circulation and provide additional parking in The Arcade. -4- CROMMELIN■PRINGLE AND ASSOCIATES,INC- URBAN TRANSPORTATION AND TRAFFIC ENGINEERS URE3A UNr$A RUULEVARO nI ACENTIA. CAL IFORNIA R267O TELEPHONE (714) 993.4130 April 26, 1976 Mr. (;us Dussin, President Tile Old Spaghetti Factory International, 'Inc. 2110 Newport Boulevard Newport Beach, California Dear Mr. Dussin: Per your request, the traffic impact on The Arcade of relocating the Spaghetti Factory's secondary parking area from the Bloxham property to the Blurock property was investigated, and the Weber Associates proposed parking scheme for the Arcade analyzed. Background 1he City of Newport Beach requires the Spaghetti Factory to provide 136 parking spaces for its patrons. The parking area adjacent the rest- aurant has 96 spaces, making necessary provisions for an additional 40 spaces. These 40 spaces were originally obtained from the Bloxham prop- erty located immediately across the Arcade alley from The Spaghetti Factory. The Bloxham property has not been properly maintained or repair- ed and is an unsightly place for patron parking in the opinion of The Spaghetti Factory. Consequently, The Spaghetti Factory has leased an additional parking area from Blurock. The new parking area has 55 spaces and is located behind the Crab Cooker. The Spaghetti Factory is asking the City to amend the original parking agreement so that the Blurock park- ing area can be used in place of the Bloxham parking area. Impact on Arcade To evaluate the traffic impact on the Arcade when the Spaghetti Factory uses the Blurock parking area, data was collected. The data coll- ection consisted of determining historical patronage trends as well as present inflow, outflow, and parking accumulation of The Spaghetti Factory's main parking area and the Blurock parking area. (The Bloxham lot is not being used at this time even though the usage agreement exists). Examination of patronage trends show Friday and Saturday to be the busiest days. Examination of monthly trends show the summer months to be about 35 percent busier than winter months. However, both summer and << ,_J1 .,b*. [ , ;I OFFICES IN LOB ANGELES AND ORANGE COUNTIES -2- winter Fridays and Saturdays are about equal because the restaurant operates near capacity (in both of these days year around. N, collect data ou both inflow, outflow, and parking accumulation, Friday and Saturday, April 23 and 24, 1976 were examined. Data were collected arum the period 5PM (The Spaghetti Factory opens at 511M) to 9PM and suumiarized on 15 minute intervals. The results are shown in 'fables la and lb and Tables 2a and 2b. Table Is is for Friday and Table lb is for Saturday. Tables Is and b show the number of ins, outs, and accumulated parkers for the main parking area. Tables 2a and b are for Friday and Saturday and show the ins, outs, and accumulated parkers for the secondary parking area. Examination of 'cables la and b leads to the following conclusions: 1. Friday and Saturday are completely different in timing of demand. On Saturday there is a line of people at the door at 5PM when the restaurant opens and the main parking area is two-thirds full. The Saturday demand is relatively uniform until about 7,30 when it starts to drop off. on Friday the demand at 5PM is less, but the Friday demand remains uniform from 5PM to past 9PM. Thus the Friday demand has a more distinct peaking characteristic and leads to a higher accumulation of parked cars. 2. The maximum parking accumulation in the main parking area is much Nigher on Friday than Saturday. Friday reached 107 parked cars while Saturday reached only 73 cars. Examination of Tables 2a and b show the following: 1. On both Friday and Saturday the secondary parking area is over half full at 5PM. This is because of illegal usage by others. This usage could be prevented either by towing away or charging for unvalidated parking. However, this is not necessary until the parking area becomes fully utilized. 2. The maximum accumulated parked vehicles reached only 37 on Friday and 33 on Saturday and the capacity is 55. 3. The total volume to enter and exit the secondary parking area between 5PM and 9PM was 97 on Friday and 78 on Saturday. 4. The maximum number of ins plus outs to occur in one hour for the secondary parking area was 40 on Friday between 5:45 and 6:45 PM. In addition to the data discussed above, one other piece of information was collected. It was found that the average vehicle occupancy of the restaurants customer's cars is 3.25 persons per vehicle. This number clearly reflects that the patronage of The Spaghetti Factory is family oriented. f - -3- Most other resLanrants in Newport are likely to have a lower vehicle occu- pancy. Thc- Spaghetti Factory has an occupancy of 410. When this number is divided by 3.25, the calculaLiun reveals that 126 parking spaces are required. Even thnugh the main parking area has a capacity of 96, 107 vehicles were parked Lhere Friday. This leaves only 9 additional spaces needed. When street parking is subtracted from the 126, it can be seen that very few, if anv, additional parking spaces are needed. Thus, the relatively low usage of the secondary lot is born out in both theory and actual usage. Analysis of Proposed Arcade Parking Scheme To help improve parking deficiencies and traffic circulation in and around the Arcade, The Crab Cooker has hired Weber Associates to evaluate the situation and to recommend a parking scheme. In evaluating the Arcade parking, comments will be directed toward (1) the problems which exist with the present parking arrangement, (2) problems which are believed to exist with the proposed Weber Associates plan, and (3) generalized recommendations concerning how the Arcade parking should be. Me present parking arrangement has the following deficiencies: 1. Where there are not marked parking stalls, vehicles park haphazardly. 2. Because there are no delivery areas set aside, delivery trucks parks in the through travel way. 3. Because of no lane striping or pedestrian channelization there is confusion to both motorists and pedestrians as to where they are suppose to be. Luckily speeds are so low there is no accident problem. The situation parallels a shopping center where there is no safety problem despite the mixing of pedestrians and vehicles in the same space. In evaluating the Weber Associates plan, the following deficiencies were noted: 1. Each restaurant should have designated delivery parking areas. Such areas could be signed, "Truck Delivery, No Parking 8AM to 5PM." 2. Parking should be removed from in front of the large doorways in the building containing the Crow's Nest. 3. Parking spaces 11, 12, and 13 Which are on public property prohibit the use of the two existing Blurock parking spaces to the North - located between the planter and tile walk. To eliminate the Blurock spaces will require some sort of agreement. i a -4- 4. Spaces 5, G, 14, and 35 should be eliminated because they restrict circulation in an area already congested. 5. Spaces 14 through 28 should be changed from perpendicular to angle parking to improve ease of parking and reduce park and unpark time. The aisle width (20 feet in the narrowest point) makes perpendicular parking difficult. The barking plan recommended in this report is to do the following: 1. NSe, in general, the Weber Associates plan and make five recommend- ed modifications listed above. 2. Stripe the street so as to channel vehicle movements. 3. Rigorously enforce parking prohibitions to prevent parking in undesig- nated areas. It has been a pleasure working on this study with you. If there are any questions or you need further assistance, please do not hesitate to call us. respectfully submitted GROMMF.LIN-YRINCLE AND ASSOCIATES, IN. William A. Kunzman, P.E. Associate Engineer � � Y Table Is (Friday) Main Parking Area Time Period Vehicles Vehicles Accumulated In Out Parkers before 5:00 - - 27 5:00 to 5:15 11 5 33 5:15 to 5:30 14 0 47 5:30 to 3:45 14 3 58 5:45 to 6:00 17 6 69 6:00 Lo 6:15 15 10 74 6:15 to 6:30 13 7 80 6:31? to 6:45 10 8 82 6:45 to 7:00 15 11 86 7:00 to 7:15 11 12 85 7:15 to 7:30 18 10 93 7:30 to 7:45 11 18 86 7:45 to 8:00 21 13 94 8:00 to 8:15 15 9 100 8:15 to 8:30 15 12 103 8:30 to 8:45 12 10 105 8:45 to 9:00 9 7 107 Totals 221 141 Table lb (Saturday) Main Parking Area Time• Period Vehicles Vehicles Accumulated In Out Parkers before 5:00 - - 60 5:00 to 5:15 16 3 73 5:15 to 5:30 6 8 71 5:30 to 5:45 9 8 72 5:45 to 6:00 11 10 73 6:00 to 6:15 5 5 73 6:15 to 6:30 5 20 58 60-- to 6:45 10 7 61 6:45 to 7:00 10 8 63 7:110 to 7:15 10 10 63 7:15 to 7:30 5 5 63 7:30 to 7:45 10 5 68 7:45 to 8:00 2 6 64 8:00 to 8:15 4 5 63 8:15 to 8:30 5 5 63 8:30 to 8:45 7 10 60 8:45 to 9:00 2 4 58 Totals 117 119 0 D Table 2a (Friday) Secondary Parking Area Time Period Vehicles Vehicles Accumulated In Out Parkers before 5:00 - - 32 5:01) to 5:15 0 1 31 5:15 to 5:30 2 8 25 5:30 to 5:45 3 5 23 5:45 to 6:00 3 6 20 6:00 to 6:15 10 1 29 6:15 to 6:30 8 4 33 6:30 to 6:45 6 2 37 6:45 to 7:00 0 2 35 7:00 to 7:15 0 4 31 7:15 to 7:30 3 0 34 7:30 to 7:45 2 1 35 7:45 to 8:00 2 5 32 Time Period Table: 2b (Saturday) Secondary Parking Area Vehicles Vehicles In Out Accumulated Parkers before 5:00 - - 33 5:00 to 5:15 1 2 32 5:15 to 5:30 5 10 27 5:30 to 5:45 3 3 27 5:45 to 6:00 2 2 27 6:00 to 6:15 2 1 28 6:15 to 6:30 2 3 27 6:30 to 6:45 5 0 32 6:45 to 7:00 3 2 33 7:00 to 7:15 2 4 31 7:15 to 7:30 4 5 30 7:30 to 7:45 3 2 31 7:45 to 8:00 1 1 31 8:00 to 8:15 2 1 32 8:15 to 8:30 0 1 31 8:30 to 8:45 2 1 32 8:45 to 9:00 1 2 31 Totals 38 40 I City Council Meeting April 12, 1976 Agenda Item No. CITY OF NEWPORT BEACH April 7, 1976 H-2(b) TO: City Council FROM: Department of Community Development SUBJECT: Amended Off -Site Parking Agreement Request to amend the approved off -site parking agree- ment in conjunction with the "Old Spaghetti Factory" Restaurant so as to relocate the subject off -site parking spaces. LOCATION: Parcel No. 1 of Parcel Map 67-27 (Resubdivision No. 446) located at 2110 Newport Boulevard, on the north- westerly corner of Newport Boulevard and 21st Street on the Balboa Peninsula. ZONES: C-1, R-2 APPLICANT:. The Old Spaghetti Factory International, Inc., Portland, Oregon OWNER: Same as Applicant Application This application requests approval of an amended off -site parking agreement in conjunction with the "Old Spaghetti Factory" Restaurant so as to move the off -site parking lot from its current location immediately north of the subject restaurant to the site of the South Coast Shipyard and Design Center, approximately two hun'dred feet to the northwest. 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 build- ing 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, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. TO: City Council - 2. V Suggested Action If desired, adopt Resolution No. authorizing the execution of an amendment to an approved off -site parking agreement In conjunction with the Old Spaghetti Factory Restaurant so as to relocate the subject off -site 4arking spaces. Planning Commission Recommendation At its meeting of April 1, 1976, the Planning Commission voted (6 Ayes, 1 Absent) to recommend to the City Council that the existing off -site parking agreement be amended subject to the following findings and conditions: A. Findings: 1. The proposed off -site parking lot is compatible with the surrounding land uses, and will not have any significant environmental impact. 2. The required off-street parking spaces on a separate lot from the building site are justifiable for the following reasons: a. The applicant has a five year lease for the use of the off -site parking lot during the evening hours when the restaurant facility is open for business. b. The subject parking lot is so located as to be useful to the restaurant facility. c. Parking on the subject lot will not create undue hazards in the surrounding area. B. Conditions: That the applicant and the City, upon the approval of the City Council shall execute an amended off -site parking agreement, guaranteeing that a minimum of forty parking spaces shall be provided on the site of the South Coast Ship and and Design Center (Parcel 1 of Parcel Map 68-48� for the duration of the restaurant use in question. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 11 (Accessory Structures, (b) small parking lots) from the requirements of the California Environ- mental Quality Act. Conformance with General Plan The Land Use Element of the General "Recreational and Marine Commercial" The existing restaurant facility and fall within the uses permitted. The Specific Area Plan. Background Plan designates the site for and "General Industrial" uses. related off-street parking spaces area is also designated for a At its meeting of May 2, 1974, the Planning Commission approved Use Permit No. 1715 of the Dussin Investment Company so as to permit (1) the sale of alcoholic beverages within 200 ft. of a residential district, (2) on -site parking in a residential district adjoining a commercial district, and (3) tandem parking; all in conjunction with the two-story "Old Spaghetti Factory" restaurant which is now open for business. TO: City Council - 3. Included in the plans approved by the Planning Commission was a second floor storage room designated for future dining room use and a space on the first floor to be occupied by an antique street- car. Inasmuch as there was insufficient space on site to provide parking for the additional occupant load that would be generated by the occupancy of these areas, the approval of the use permit was conditioned in such a manner that these areas would be secured and made inaccessible to restaurant patrons until such time as additional parking was provided. In addition, the use permit provides that at no time will the occupant load of the restaurant exceed that number which would be allowed under the City's former restaurant parking requirements. An excerpt of the Planning Commission minutes of May 2, 1974, indicating the twelve conditions of approval of Use Permit No. 1715 is attached for Council review. The restaurant facility originally had an occupant load of 294 persons. With the occupancy of the two additional areas noted above, the restau- rant has a total occupancy load of 410 persons, One hundred and thirty- six (136) parking spaces were therefore required for the restaurant use, based upon the former parking requirements of one parking space for each three occupants. If the subject restaurant had been con- structed under the new restaurant parking standards, 154 spaces would have been required based upon one parking space for each•40 sq.ft. of "net public area." The on -site parking lot accommodates ninety-six parking space's and, thereforA, forty additional parking spaces are required to meet the conditions of approval of Use Permit No. 1715. At its meeting of November 11, 1974, the City Council approved an off -site parking agreement for the required forty parking spaces on the lots immedi- ately to the north of the subject restaurant facility and under lease from Roger Bloxham (see attached vicinity map). The off -site parking agreement was executed by the City on December 27, 1974. Subsequently, the applicant has experienced problems with the existing off -site parking lot, inasmuch as the storage of boats and other debris on the site has often eliminated, or at least impaired, the use of the forty parking spaces needed for the restaurant use. The problems have developed to the point where the applicant has initiated a lawsuit against the tenant on the off -site lot and commenced plans to formally move the location,of the off -site parking lot to the site of the South Coast Shipyard and Design Center approximately two hundred feet to the northwest. This location has been used by the applicant for supple- mental parking for the past fourteen months. William Blurock, owner of the South Coast Shipyard and Design Center property, has agreed to permit the applicant to utilize a fifty-five space parking lot between the hours of 5:00 P.M. and 12:00 Midnight, seven days a week, when the restaurant facility is open for business. The property owner has indicated to staff and the Planning Commission that the subject off -site parking spaces are not committed to any other persons or businesses after 5:00 P.M. The Design Center complex has sixty-five additional parking spaces to the north of the commercial buildings for its use after regular business hours if needed. The applicant has also formally granted Mr. restaurant parking lot for the employees of during the daytime hours when the restaurant Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By J MES D. HENICKER A sistant Director - Planning Blurock the use of the the Design Center complex is closed. JDH/kk 1 IN TO: City Council - 4. Attachments for City Council Only: 1. Vicinity Map 2. Draft of excerpt from Planning Commission minutes dated 4/1/76 3. Excerpt from Planning Commission minutes dated 5/2/74 4. Letter from Applicant dated 2/25/76 5. Plot plan of off -site parking lot E \� i 1 , i , •• I i C N� 1! ?<D• CITY T•, L:LF-R PARK R 410 V - tLl:•-ta ur+ i.w[t r_ c-. t_/ net _. C::�t.t[lw•,•-,n.ata :ia.t(:t<I.t tt(W++ib x aoa rry <t u . L x •n Tu> I n, .•• I nR•a U4r lCrt >.aq,r.LM1r rKCa bt to v51, [eTa +9. ;rt•afl n• t ••r•40r. t•.a •[ � - a_t FI y e+ lagT , t nt rt..a•]�+'A •a i I I I i I 11rLT j P 0•2..t^t „wr RFc TnVRA r AtiD 131� _ co -sap. n.172nivG R Aj -3yn�? L2 3 A 4 R3 ' L A I[t_ . R'•. R-7 DISTRICTING MAP WPORT BEACH — CALIFORNIA >0NICULTV9AL w[SfOEnp>L %�—mow`'. YULTVLC A[SIDEUTILL S VSLE FAALT A(S'DEaT1nL _sf UGUT comancin C-2 DUPLEX 'iCG:DCYR>t L— GCAF94L COVAERC14L ACCT A fULTRE FL .Lr 6('.SDEMNL AWYVf>:TURIVD COUT•:dlrG D15:C:GTF I UACLLNUICD Cant[. :-: F:_t fYc••: -1 T[-o� =C- CID Y0. GTT / ` I K: =.!M UAP 7+C L�/ .""'V CONGAiSSIONER." 1 r tD O JL! CAL! CI 'V 0J :> > in7r. N rEWPO T E)E,-�,CH MIHUTe5 INMX Item r6 Request to amend the approved off -site parking FF-SITE agreement in conjunction with the "Old Spaghetti PARKING Factory" Restaurant so as to relocate the subject GREEMEN I off -site parking spaces. %PPROVED Location:. Parcel No. 1 of Parcel Map 67-27 MENDMENT ('Resubdivision No. 446) located at 2110 Newport Boulevard, on the northwesterly corner of Newport r 9RL;�k;' Boulevard and 21st Street on the Balboa Peninsula. Zones: C-1, R-2 Applicant: The Old Spaghetti Factory Inter- national, Inc., Portland, Oregon Owner: Same as.Applicant Guss Dussin, President of the Old Spaghetti Factory International, Portland, Oregon, appeared before ' the Commission and answered questions relative to the request. He advised that by mutual agreement with William Blurock, they have been using the proposed location for the past year as supplemental parking and since their lease with Roger. Bloxham will expire at the end of this year and they do not anticipate a satisfactory renewal, they are requesting that the offsite parking agreement be amended to relocate the required parking to the Blurock property. He also felt there would be no problems obtaining a 5-year lease at this time rather than the 2-year lease with options to renew as originally proposed. Paul Hummel, 416 Heliotrope, Corona del Mar, appeared before the Commission to comment on the use of residential property for commercial pur- poses and although he was not familiar with the matter under consideration, requested that the Commission continue to consider buffers between residential and commercial uses in order to preserve residential property. Staff reviewed the zoning of the property in question and advised the Commission that the R-2 property in question was purchased by the applicant for the purpose of providing required on -site park- ing and that the only residential uses remaining in the area were located on the opposite side of 21st Street. II Page 7. CONVOISSIONERS 1 O'�'- ClT OF NE OR_ BE'CU ` O S i r, r ^� Ina N MINUTES L !u. CALL i Aor i 1 1. 1976 ,many Roger Bloxham appeared before the Commission in rebuttal to a letter addressed to the City dated February 25, 1976, received from the applicant. He also advised that Bob Rubien, owner of the Crabcooker, was opposed to the use of the proposed lot because it would create more parking problems for his customers and congestion in The Arcade. William Blurock, 1344 W. Bay, appeared before the Commission and advised that their relationship with the Spaghetti Factory has been quite satisfactory, as has been their reciprocal parking arrangements for day -time use of the restaurant lot when the restaurant is closed, He also concurred with the 5-year lease agreement. lotion X Following discussion, motion was made that Planning ,yes X X X X X X Commission make the following findings: '+bsent X 1. The proposed off -site parking lot is compatible with the surrounding land uses, and will not have any significant environmental impact. 2. The required off-street parking spaces on a separate lot from the building site is justi- fiable for the following reasons: a. The applicant has a 5-year lease for the use of the off -site parking lot during the evening hours when the restaurant facility is open for business. b. The subject parking lot is so located as to be useful to the restaurant facility. c. Parking on the subject lot will not create undue hazards in the surrounding area. and recommend to the City Council that the Off -Site Parking Agreement be amended, guaranteeing that a minimum of 40 parking spaces shall be provided on Parcel 1 of Parcel Hap 68-48 (Resubdivision No.421), the South Coast Shipyard and Design Center site, for the duration of the restaurant use on the property in question. i I CUMMISSIUNEkS y �. d Z Z •O 1,J N ll1n q 1�^ p4 G+ T 1 ,� Z1F ,plp n •;rLL CALL CITY OF NEWPORT 113EACH MINUTES Mn 2 1974 NDEX � Y Item #2 i r to permit the following in conjunction USE I IRequest with the development of a proposed restaurant: PERMIT (1) permit the sale of alcoholic beverages within NO. 171E 200 feet of a residential district, (2) permit a portion of the required on -site parking to be APPROVE[ CONDI- -TT N L-o i located in a residential district adjoining a commercial district, and (3) a waiver of parking lot standards so as to permit tandem parking spaces. i Location: Lots 19 through 22, Tract 814, and Lots 1 through 10, Block 221, Sec- tion A, Newport Beach and a portion ! i of "The Arcade" (proposed to be i vacated), located at 2110 Newport Boulevard, an the northwesterly corner of Newport Boulevard and 21st Street on the Balboa Peninsula Zones: C-12 R-2 Height Limit- ation Zones: 24/28 (R-2), 2-6/35 (C-1) Applicant: Newport Beach Spaghetti Restaurant, I Inc., c/o James J. Damis, Portland, i Oregon i Owner: Dussin Investment Co., Portland, Oregon This matter was continued from the meeting of April 18, 1974 for the purpose of securing further information on traffic and circulation. Traffic Engineer Darnell appeared before the Commission to i review various site plans which were discussed by the staff prior to Planning Commission review on i April 18, 1974, and commented on the effects of each as to access, circulation of traffic, and on - street parking. •Public hearing was opened in connection with this matter. Cecil Uright, ALtornoy, representing the applicant, I appeared before! Lhr� Planning Commission a,nd stated j i I that the condition•, as well as Plan A which were I { recommended by the staff were acceptable. He commented on the vacation of the alley, stating i'il•..u��, :n •;FPS. 0 0 " Wit: IMI CALL1 ,1^.-:ion CITY May 2, 1974 I G OF NEWPORT BEACH MINUTES that the City of Newport Beach suggested same and advised that the triangle at the end of The Arcade was of no use to the applicant. He also felt that lack of parking by other businesses in the area contributed to the traffic problem, whereas the applicant was providing parking as required by the City of Newport Beach. Robert Rubien, owner of the Crab Cooker, appeared before the Planning Commission and expressed conce over the problems of the area with the feeling tha an exit between The Arcade and 21st Street was the best solution. Planning Commission further discussed the various plans including the reduction of parking spaces and the subsequent loss of occupancy load. Bill Blurock appeared before the Planning Commissi and commented favorably on the restaurant operatio in other locations, the fact that the applicant ha purchased property in order to provide the require parking, and that Blurock's property was a day-tim operation which required low-key parking, therefor causing no major conflicts with the proposed restaurant operation or The.Arcade. Cecil Wright appeared before the Planning Commissi and pointed out that if any of the plans other tha Plan A were imposed, the parki-ng would be reduced, resulting in a loss of occupancy which would cause a serious problem to the applicant. He also advis there would be no live entertainment and the hours of operation would be from 5:00 P.M. to 10:00 P.M. on weekdays and 5:00 P.M. to 12:00 P.M. on the wee ends. Planning Commission discussed one-way and two-way traffic through The Arcade onto 21st Street and the effects of same on businesses and residents in the area. There being no others desiring to appear and be heard, the public hearing was closed. Following much discussion, motion was made to approve Use Permit No. 1715, subject to the eleven conditions recommended by the staff with an addi- tional condition that a public right-of-way be dedicated between The Arcade and 21st Street, the direction of traffic to be determined by the City, and no access to be taken from Newport Boulevard. Page 3. rKt*" F , F F COMM ISSION hP'• �^ Z A „• 1 :, 'All 1 r^ 1 MA v 9 CITY OF NEWPORT BEACH slain MINUTES otior, lv I I An amendment to the motion was made to allow access ycs iX I I Ion Newport Boulevard. erti I X i X I X l X osta�c ,X Commissioner Parker advised that due to his late ,bF(.nt �X� arrival and not having heard all the arguments, he i Iwould abstain. I I Vote was taken on the amendment and motion failed. yFs X, I X X The original motion was then voted on and also OTIS X IX failed. ,bstairl I 'bsent X IX Ic.tion X New motion was made to approve Use Permit No. 1715 .ya;, X subject to all but Condition No. 2 whereby the ()c•s X X X X applicant would be allowed the requested occupancy osta•in X and in effect waive a portion of the required :se.t X parking, plus the additional condition that a public right-of-way be dedicated between The Arcade and 21st Street, the direction of traffic to be determined by the City, and no access to be taken from Newport Boulevard. Motion failed. lotion X Another motion was made to approve Use Permit No. .,'es X X X 1715 subject to the eleven staff conditions and '0es X X Plan "A" as approved by the Traffic Engineer. tbstain X Motion failed. 1.bsent X � I In order to come to a conclusion on the matter, Commissioner Parker's reason for abstaining was discussed and the Commission felt he had heard all the arguments and was in a position to vote since there was no conflict of interest involved. Chairman Agee reviewed that portion of the pro- ceedings which occurred during his absence, includ- ing the fact that the three plans reviewed by the Traffic Engineer had been previously sent to the Commissioners for their review. Lotion X Motion was again made to approve Use Permit No. I.Yrs X X 1.715, subject to the eleven staff conditions loes X X X X including Plan "A" as recommended by the Traffic ibsent X Engineer. Motion failed. lotion X Motion was made to approve Use Permit No. 1715, .yes X X X X subject to the following conditions: goes X X ibsent X, 1. That development shall be in substantial con- formance with the approved plot plan and elevations except for minor modifications which may be approved by the Department of Community Development. I ( Page 4. 1 t_�_,,MMlti )sIuNLt<: t CITY OF NEWPORT L ACH >ou cei� + , 1m1 .' MaY 2, 1974 MINUTES 1�nev i II 2. That the occupancy of the restaurant, as I determined by the Fire Marshal and the Commun- ity Development Department, shall at no time i exceed that number which would be allowed under the City's current restaurant parking � I requirements. 3. That landscape and irrigation plans shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said plan shall provide for a mixture of trees-, shrubs and groundcover which shall be continuously maintained. Particular attention shall be given to the selection of plant material for espaliers and plants which can be spilled and draped over the parking lot walls. 4. All exterior lighting and signs shall be approved by the Director of Community Development. 5. All outside trash areas shall be screened with 6 foot high solid walls or fences and solid gates. 6. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. i 7. That kitchen exhaust fans be designed to control odors and smoke in accordance with i Rule 50 of the Air Pollution Control District. B. That the street car and the Phase II dining room on the second floor be secured and made inaccessible to restaurant patrons until such time as additional parking is provided. 9. That parking attendants shall be on duty at all times during regular business hours. 10. That all applicable conditions of approval of Resubdivision No. 446 be completed. 11. That the Use Permit not be effective unless and until the portion of The Arcade within the boundaries of Resubdivision No. 446 has been abandoned. 12. That the applicant shall dedicate to the City an easement for roadway purposes across the northeasterly side of the site so as to � I Page 5. COMMISSIONERS CITY OF NEWPORT BEACH 1n Y m D O 1^ Y P N m �m � m � � 2 i R, p m ? p 1974 ROLLcaL� May 2 , MINUTES INDEX provide continuous public access between The Arcade and 21st Street. The location, width and direction of travel on said easement shall be subject to the review and approval of the Director of Public Works. There shall be no direct vehicular access to Newport Boulevard. `. Item #3 ` I Request to create one building site and eliminate RESUB- —ION interior lot lines where 14 lots and a portion of TINTS NO. 446 "The Arcade" (to be vacated) now exist so as to allow the development of a restaurant on the site. APPROVED Location: Lots 19 through 22, Tract 814, and C N_D --- Lots 1 through 10, Block 221, Sec- TrONTELY tion A, Newport Beach and a portion of "The Arcade" (proposed to be Jvacated), located at 2110 Newport i Boulevard, on the northwesterly corner of Newport Boulevard and 21s N Street on the Balboa Peninsula. Zones: C-1, R-2 Applicant: Newport Beach Spaghetti Restaurant, Inc., c/o James J. Damis, Portland, regon Owner: Dussin Investment Co., Portland, OregoN Engineer: C.E.L.S\Corp., Newport Beach Public hearing was opened rn connection with this matter and there being no one desiring to appear and be heard, the public hearfn\g was closed. Motion I X Motion was made to approve Resubdi.vision No. 446 Ayes X X. X X -X X subject to the following conditions Ahsent X 1. That a Parcel Map be filed. 2. That all unused curb cuts be closed u and the curb and sidewalk restored. 3. That a full parkway width sidewalk, with tree j wells, be installed on the Newport Boulevard.. frontage. Existing A.C. paving and existing defective P.C.C. sidewalk shall be replaced with new P.C.C. sidewalk. Page 6. February 25, 1976 /�, i,jr { ,�!r !. '„ •r) L? �� r�, rid City of Newport Beach 3300 Newport Boulevard Newport Beach, California Attention: Wm. Laycock, Senior Planner Community Development Department Re: Old Spaghetti Factory Restaurant Dear Mr. Laycock: The City of Newport Beach has heretofore approved additional parking obtained through a Lease Agreement between a Mr. Bloxham and the owners of the Old Spaghetti Factory Restaurant. Thia additional parking obtained through the Lease with Mr. Bloxham provides for fifty additional parking spaces. This parking obtained from Mr. Bloxham was placed in use by the Old Spaghetti Factory during business hours from 5:00 P.M. to 12:00 P.M. It has now become necessary for the mutual interest of the Old Spaghetti Factory and William Blurock to enter into an agreement which would provide for reciprocal parking rights. These reciprocal parkin-4 rights have been reduced in writing and is attached to this letter, by way of a Lease Agreement. The Lease Agreement is self-explanatory and is for a period of two years with a two year option to renew. The number of parking spaces for which the Old Spaghetti Factory Restaurant will be provided will be 55 parking spaces which may be placed in use during the same time period as the Bloxham Lease, namely from 5:00 F.M. to 12:00 These reciprocal rights are granted to Will.i.<.:;, Blurock from 7:45 A.M. to 5:00 P.M., whose facility is open during these business hours. It would be to the best interest of the City of Newport Beach to accept this proposal of the Old Spaghetti Factory Restaurant. Specifically it is requested that the 55 parking spaces acquired from Blurock be substituted in place and stead of the 50 spaces now being used by the Old Spaghetti Factory Restaurant under the Bloxham Lease Agreement. -,c City of Newport Beach Att: Wm. Laycock -2- February 25, 1976 There are a number of reasons why we are requesting this approval: 1. The parking facility from Bloxhan was established by a two year Lease term which expires December 31, 1976, and the possibilities of renewal of this Lease are slim. 2. The Old Spaghetti Factory Restaurant have been continually experiencing difficulties with the Bloxham Lease to the point where litigation was commenced and is still pending for the purpose of assuring the Old Spaghetti Factory Restaurant its rights. 3. Reciprocal parking between the two facilities of Blurock and the Old Spaghetti Factory provides for additional parking for Blurock during the daylight hours and provides for the Old Spaghetti Factory Restaurant more parking spaces at night and better continuity of use. 4. The Old Spaghetti Factory Restaurant has been assured in its negotiations with Blurock that these additional parking spaces will be provided on a long term basis, rather than a short term, possibly interrupted use, as with the Bloxham Lease. 5. The City of Newport Beach is probably aware of some of the interference of use caused on the Bloxham property during the period of time the restaurant facility has been open for business. If the City will recall the initial stages of the restaurant use were postponed by this interference through no fault of the Old Spaghetti Factory Restaurant. We respectfully request you act upon this letter request of substituted parking at your very earliest possible convenience. cc THE EVA OLD SPAGHETTI FACTORY INTERNATIO\AL,1. 'R. V. Hogan Community Development Director aus Dieter Esc NEWPORT BAY e... �.,. List — THE ASS :1 E�YPO RT 80ULEYAIIO �i . � �� f(ctj /C•��L � -Y,FUT OFF -SITE PARKING AGREEMENT THIS AGREEMENT is made and entered into this day of , 1974, between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter sometimes referred to as "CITY"), and DUSSIN INVESTMENT COMPANY, a corporation (hereinafter sometimes referred to as "OWNER"). R E C I T A L S A. •Dussin Investment Company is the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California, and described as Lots 19, 20, 21 and 22 of Tract 814, as shown on a map recorded in Book 24, Page 30, of Miscel- laneous Maps, Records of Orange County, California, and Lots 1, 2, 3, 4, 51 6, 7,'8, 9 and 10 of Block 221, Section A, Newport Beach, as shown on a map recorded in Book 4, Page 21,'of Miscellaneous Maps, Records of Orange County, California, and commonly known as 2110 New- port Boulevard, Newport Beach, California. B. The OWNER proposes to remodel and convert an existing two-story building located on said property into a restaurant business and on -sale alcoholic beverage business (hereinafter said uses shall be referred to as "RESTAURANT BUSINESS"), to be known as "The Old Spaghetti Factory." C. The Newport Beach Municipal Code requires certain off- street parking spaces for the use of employees and business invitees of the OWNER, in relation to the occupancy load of the RESTAURANT BUSINESS. Pursuant to the Newport Beach Municipal Code, off-street parking shall be provided at the ratio of one (1) parking space for each three (3) occupants permitted at said RESTAURANT BUSINESS. D. Presently there are insufficient off-street parking spaces located on the property owned by OWNER for the use of the employees and business invitees of OWNER, when and if Phase II of the contemplated development is completed, to comply with the requirements of the Newport Beach.Municipal'Code. E. *-On May 21 1974, the Planning Commission of Newport Beach voted to approve Use Permit No. 1715, allowing the development of the proposed RESTAURANT BUSINESS, on the condition that an off- -1- site parking agreement, providing for the required number of parking spaces for the operation of said -RESTAURANT BUSINESS, as proposed, be approved by the City Council, guaranteeing that there will be sufficient parking spaces for said use to comply with the require- ments of the Newport Beach Municipal Code Parking Regulations and that the occupancy load permitted at the RESTAURANT BUSINESS shall never exceed three (3) times the total of off-street parking spaces provided by the OWNER, and the OWNER represents that said parking spaces will be provided (in addition to the parking spaces provided on the property owned by the OWNER) on Lot 10 of .Tract 814,, as per map recorded in Book 24, Pages 35 and 36, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, Lots 11, 12, 13 14 and 15 of Block 221, of Section A, of Newport Beach, as per map recorded in Book 4, Page 21, of Miscellaneous Maps, Records of Orange County, California, or such other adjacent or nearby property to be useful in connection with the proposed RESTAURANT BUSINESS. F. OWNER has entered into a lease agreement with the owner of said lots, to wit, Roger Bloxham, for the use of said lots, as evidenced by the Short Form Sub -Lease dated September 10, 1974, and recorded in Book 11245, Page 1609, recorded in Official Records of Orange County, California, on September 18, 1974, attached hereto, marked Exhibit "A", and incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the CITY of OWNER's intended use of the property located at 2110 Newport Boulevard,'Newport Beach, CAlifornia, and in consideration of the fore- going, IT IS AGREED by the CITY and the OWNER as follows: 1. For so long as the building located on the property located above and generally described as 2110 Newport Boulevard, New- port Beach, California, is occupied by "The Old Spaghetti Factory", or its successor in interest with a similar use, off-street parking spaces will be provided on a Aarkinq lot on the �nb;ert premises and on the property referred to in Paragraph E above and subject to the sublease between OWNER and Roger Bloxham in sufficient number to pro- vide one (1) off-street parking space for every three (3) occupants permitted at said RESTAURANT BUSINESS for the use of employees, cus- -2- tomers and business invitees of said RESTAURANT BUSINESS operated and owned by the OWNER, his successor or assign. 2. In the event that the use of the parking spaces as described in Paragraphs E and F above should be terminated for any reason, OWNER will immediately thereafter obtain additional off-street parking spaces satisfactory to and to be approved by the CITY, or, if substitute parking facilities are not obtained, the OWNER shall reduce the occupancy load of his RESTAURANT BUSINESS not to exceed three (3) times the total number of off-street parking spaces provided, or, close the BUSINESS located at 2110 Newport Boulevard, Newport Beach, California. 3. This agreement shall run with the real property owned by the OWNER and described hereindbove, and shall bind the heirs, successors, devisees and assigns of the parties hereto and shall be recorded in the•Office of the County Recorder in the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: CITY OF NEWPORT BEACH City Clerk APPROVED AS TO FORM: Assistant City Attorney STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) By: Mayor CITY DUSSIN INVESTMENT COMPANY By: By: OWNER On I - ,• 1974, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the Mayor, and' , known to me to be the City Clerk of the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instruiflent pursuant to d resolution of its City Council. WITNESS my hand and official seal. Notary Public in and for said State r STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On , 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be.the of the corporation, and , known to me to be the of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public in and for said State RBR�60'%D When recorded ma t8.FSTFoc DUSSIN INVESTMENT CO. er 219 S. W. Stark Portland, Oregon, 97204 RE8K 11245PG 1.6p9 •_I 1 44.92 CORDED IN OFFICIAL RECORDS OF ORAt4;E rrsL:147Y. <:ALIrORNIA 2 P,IJ. $5.00 7� g c S E P 181974 C II 1,t;9t;: `iLE, fcuT,l, &I;Cer11Ct SHORT FORM SUB -LEASE so,", qj!4w A SUB -LEASE has been entered into -on September 10, 1974, between ROGER BLOXHAM, referred to herein as "SUB -LESSOR", and DUSSIN INVESTMENT COMPANY, referred to herein as "SUB -LESSEE". Reference is made to said SUB -LEASE for further particulars. 1. Said Sub -Lease is for a period of two years and one month commencing December 1, 1974, and effects the real property attached hereto as Exhibit "A" and made a part hereof. 2. Said Sub -Lease contains the right of first refusal which may extend the Sub -Lease if exercised according to its terms for an additional period. DATED: September 10, 1974. STATE OF CALIFORNIA )• ss COUNTY OF ORANGE ) Roger B Sub -Lessor. DUSSIN IN STMENT COMPANY By( George~ ussin, Sub -Lessee On this loth day of September, 1974, before me the undersigned Notary Public personally appeared ROGER BLOXHAM known to me to be the person whose name is subscribed to the within instrument, and r-acknowled"d... tbat;... hQ executed the same. , OFFICIAL SEAL r •+ //. / u OFFI C.LSEAL l[`•/ (7, �(• l Lam; G ��IBil Notary Public -California ORANGE COUNTY Notary Public in aiad for Said My Commission Expires Dec. 29, 1977 County and State. :...STATE' t3' CA'iiF'OR1V7Ai' )— ss COUNTY OF ORANGE ) On this loth day of September, 1974, before me the undersigned Notary Public personally appeared George Dussin known to me to be the Secretary of:the corporation that executed,the within instrument and acknowledged to me that such corporation executed the same. OFFICIAL SEAL yam-! CICILc.wnIGHT Notary Public in nd for Said Nt_y Public•Coli(ornlo County and Staten ...., .. .. .. ............................ 0 0 EXHIBIT A Lot 10, of Tract 814 as per'map recorded in Book 24, Pages 35 & 36, of Miscellan&ous Maps, in the office of the County Recorder of Orange County. Lots Ili 12, 13,'14, and 15 of Block 221 of Section A, of Newport Beach, as per -.map recorded in Book 4, Page 21 of Miscellaneous Maps, records of Orange County. Approximately 10,000 Square feet of open paved area of the above parcels more commonly known as 223 21st Street, - Newport Beach, California, and more particularly des— cribed in the attached map and made a part hereof. i A a •,non L muu.0 ' TRACT No 814 '� ; •W BEING -A RE -SUBDIVISION OF A PORTION OF BLOCK �22 SECTION 4 "ta,i 7t NEWPORT BEACH M.MB. 4-21 RECORDS OF ORANGEW COUNTY CAVE 1 'Id � ,,•�+ CnrA /1/lp 4•II Thl 6<a<in N53%7'JO_G' of/h!!!n/!!/„nl of IJ�S�ir/ waf /Y.tl+l of /he holq of Olei+l�f fe! fh+J +poo. 3GLL.0 11N.- 40fT. " ell lye • � PAC ° .' . r i 4THE $ --- 1° 20 II 12 14 1 IS is 22 �e •Ha</w•h+iN 'PrePLsJ/-_ HWiff'' el«)/Aft i AlI•rjyN%J+Jf+� li/'/r<••v<./ �N1tA pap fYL- 1 aNt/i 1 Ir dlr��JG _ -a'0'4'v10ENTRAL- = - �.f�t> f -----FO✓ENUE A7o 216 VC ' PTN, NEW POD'(' BEACH {*CTION �i �j ) G �` ce ty / ;r �N BG / yo � f / g / a s y Jo This is not a survey of.the d, but is compiled for information only, no is it a part of the repo t or policy to which it may be attached. ' IYFOIPORT 34Y Q 01 O rA Cl t4 Cl Cl C- 7-AIE -ARCAD-E I t4 o. LOG CIO 6CI, 00 7±- CP op QCI 0 LID bo 0 0- 00 "TI.-FACTOR . - • RFR�coRp�N When recorded mail t8.FsrFo c DUSSIN INVESTMENT CO. sr 219 S. W. Stark Portland, Oregon, 97204 BK 11245K-1699 144-92 RECORDED IN OFFICIAL RECORDS OF ORANGE rOL)NTY, CALIFnc?NIA I$5AQ 3 g Fein. Fey; 2 P.M. S E P 181974 ! C 8 8 J. 5;ylt: CG::t.Yki:, Gcurtk Piccel'11t I SHORT FORM SUB -LEASE A SUB -LEASE has been entered into on September 10, 1974, between ROGER BLOXHAM, referred to herein as "SUB-LESSOR",•and DUSSIN INVESTMENT COMPANY, referred to herein as "SUB -LESSEE". Reference is made to said SUB -LEASE for further particulars. 1. Said Sub -Lease is for a period of two years and one month commencing December 1, 1974, and effects the real property attached hereto as Exhibit "A" and made a part hereof. 2. Said Sub -Lease contains the right of first refusal which may extend the Sub -Lease if exercised according to its terms for an additional period. DATED: September 10•0 1974. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) Ro ger Sub -Lessor. DUSSIN INV STMENT COMPANY By( _ r George ussin, Sub -Lessee On this loth day of September, 1974, before me the undersigned Notary Public personally appeared ROGER BLOXHAM known to me to be the person whose name is subscribed to the within instrument, and acienow-led"d... tbat... hQ executed the same. OFFICIAL SEAL CECIL C. WRIGHT (_,(�•,[--/ \ r ( `' L �'�ll. '� ./4• Notary Public -California ^ ORANGE COUNTY Notary Public in aad for Sal. My Commission Expires Dec. 28, 1977 County and State. STATE "tS'"'CA'i�E't5if1VTA' ) ss COUNTY OF ORANGE ) On this loth day of September, 1974, before me the undersigned Notary Public personally appeared George Dussin known to me to be the Secretary of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. ........ .............s �C�.cc� / zZ"si��lt� ••OFFICIAL SEAL Said ................................................. Iy< •••CECILC.WRIGHT Notary Public inAnd for �• F!c;oy PuSli-•California County and State. ___Y EXHIBIT -A ---- Lot 10, of Tract 814 as per map recorded in Book 24, Pages 35 & 36, of Miscellaneous Maps, in the office of the County Recorder of Orange County. Lots 11, 12, 13,'14, and 15 of Block 221 of Section A, of Newport Beach, as per'map recorded in Book 4, Page 21 of Miscellaneous Maps, records of Orange County. Approximately 10,000 Square feet of open paved area of the above parcels more commonly known as 223 21st Street, Newport Beach', California, and more particularly des- cribed in the attached map and made a part hereof. NE#I P O R T 2 y SCAI.t o s • d� K a �n M r6 � .._ M ro � Grf M , I � n M Ci M rJ Do r o � , Cl o C- C-6 M 4 G Tfi -ARCA.DS cal . EpsEMEN , s _. o_L D ?FACT -OR L muu.0 Cyr. 0..a.q . UALC IIN.-i•fT. TRACT No 814 BEING A RE —SUBDIVISION OF A PORTION OF BLOCK 222 SECTION A NEWPORT BEACH M.MB 4-21 RECORDS OF ORANGE�COUNTY CALIF OW z Aid/rw�/�rry Cr li/$ Au.A HHR I-f/ 1 J/ to I I I I pp� J C 1 J ; V � HM'/r rr n/Ilf 1 &a-4-'lCENTRAL— d Th, dre. A'SS%7Je'� q//h/ rtn/ii/~o/ of SJ�J�h¢i/� eJ /Ai 6sly of �0 � 1 • V -cF 4THE i 11 If 14 Is Is fNl'/R r' - --- AVENUE s", r //- / TO t""PTN. NEWPORT BEACH (SECTION "A • G /s 4ti ig �y / \T elm Al ti 9 e / INV I � ? C3 ti ? y 9 � 0 ,Sa , This is not a survey of the d, but is compiled for information only, nor -is it a part of the rep t or policy to which it may be attached. \ City Council Meeting November 11, 19.74 Agenda Item No. H-2(d) CITY OF NEWPORT BEACH November 7, 1974 TO: City Council FROM: Department of Community Development SUBJECT: Off -Site Parking Agreement in Conjunction with LOCATION: Restaurant - Lots 1 through 10, Block 221, Section A, Newport Beach and Lots 19 through 22, Tract 814, located at 2110 Newport Boulevard on the northwesterly corner of Newport Boulevard and 21st Street on th`e Balboa Peninsula. Off -Site Parking Lot - Lots 11 through 15, Block 2.21, Section A, Newport Beach and Lot 10, Tract 814, adjoining the restaurant site between The Arcade and 21st Street. ZONE: Restaurant - Cl, R-2 Off -Site Parking Lot - C-2 APPLICANT: Dussin Investment Company, Portland, Oregon. Application This application requests approval of an off -site parking agreement in conjunction with a restaurant under construction. In accordance with Section 20.38.040 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 lease- hold interest of a duration adequate to serve all pro- posed 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, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use 0 f TO: City Council - 2. or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Depart- ment of Community Development. Background At its meeting of May 2, 1974, the Planning Commission approved Use Permit No. 1715 of the Dussin Investment Company so as to permit (1) the sale of alcoholic beverages within 200 ft. of a residential district, (2) on -site parking in a residential district adjoining a commercial district, and (3) tandem parking; all in conjunction with a proposed two-story restaurant which is now under construction. Included in the plans approved by the Planning Commission was a second floor storage room designated for future dining room use and a space .on the first floor to be occupied by an antique street car. Inasmuch as there was insufficient space on site to provide parking for the additional occupant load that would be generated by the occupancy of these areas, the approval of the use permit was conditioned in such a manner that these areas would be secured and made inaccessible to restaurant patrons until such time as additional parking was provided. In addition, the use permit provides that at no time will the occupant load of the restaurant exceed that number which would be allowed under the City's current restaurant parking requirements. The restaurant facility currently under construction has an occupant load of 294 persons. With the occupancy of the two additional areas noted above, the restaurant will have a total occupany-load of 370 persons. The restaurant plans as approved by the Planning Commission will accommodate approximately 91 cars on site. With the addition of the off -site spaces on the adjoining property, the restaurant will pro- vide parking for approximately 131 automobiles which would be seven spaces in excess of current restaurant parking requirements. Suggested Action If desired, adopt resolution authorizing the execution of an off -site parking agreement between the City of Newport Beach and the Dussin Investment Company (Spaghetti Factory Restaurant). Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director mm AssNstant Director - Planning JDH/ Attachment for Council Only: Vicinity Map USE PERMIT APPLICATION No. CITY OF NEWPORT BEACH Application Rec'•d by i,u C: Fee: $150.00 Department of Community Development Zoning and Ordinance Administration Division 3300 Newport Boulevard Phone (714) 673-2110 (c/o James J. Damis Applicant (Print) NEWPORT BEACH SPAGHETTI RESTAURANT, Phone. (503) 226-7644 INC. c/o James J. Damis, 620 S.W. Fifth Avenue, Mailing Address Suite 1010, Portland, Oregon 97204 Property Owner Dussin Investment Co. Phone (503) 225-0470 Mailing Address219 S.W. Stark Street, Portland, Oregon 97204 Address of Property Involved 2110 Newport Boulevard, Newport Beach, California' Purpose of Application (describe fully) and conversion' with A gp_neral on -sale liquor license, with the waiver of any applicable set— hankc.0 at the jzresent address. - Zone-1 Present Use vacant Legal Description of Property Involved (if too long, attach separate sheet) A Lots 19, 20,'21, and 22, Tract 814, City of Newport; r.ntS 1" 2. 3. 4. 5, and 6, Block 221, Section A, Newport Beach, (se4 OWNER'S AFFIDAVIT (I) (A&) E T. DUSSIN- President of Dussin Investment fo. depose and say that I am the of the property ies involved in this application. (I) (We) further certify, under penalty of perjur that the foregoing statements and answers herein contained and the i\� y "� herewith' submitted are in all respects true and.correct to t \b ' o1 (bur) knowledge and belief. 9 REc�cn'jV`-c ' n C° 0goen �. Signature(S) DUSSIN INV T�IENT CO. C_ pev• � �+; NOTE: An agent may sign for the owner if wr"itten authorizatd-dn 101r'om�"ih( record owner is filed with the application. DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Fijed ,3-11-%7q Fee Pd. Receipt No. Hearing Date J-/- Ll--7 i Publication Date Posting Date —Mail Date P. C. Action al-j , L&P�� S. Date Appeal C. C. Hearing C. C. Actio Date 0 If COMMISSIONERS CITY OF NEWPORT BEACH f rn mv� Mz <`L m a m 2 ,0 ° m May 2, 1974 MINUTES Item #2 Request to permit the following'in conjunction USE with the development of a proposed restaurant: PERMIT (1) permit the sale of alcoholic beverages within 90. 1715 200 feet of a residential district, (2) permit a portion of the.required on -site parking to be APPROVED CONDI- located in a residential district adjoining a commercial district, and (3) a waiver of parking TI'ONALLY lot standards so as to permit tandem parking spaces. Location: Lots 19 through 22, Tract 8149 and Lots 1 through 10, Block 221, Sec- tion A, Newport Beach -and a portion of "The Arcade" (proposed to be vacated), located at 2110 Newport Boulevard, on the northwesterly corner of Newport Boulevard and• 21st Street on the -Balboa. Peninsula Zones: C-1, R-2 Height Limit- ation Zones: 24/28 (R-2), 26/35 (C-l') Applicant: Newport Beach Spaghetti Restaurant, Inc., c/o James J. Damis, Portland, Oregon 9. Owner: Dussin Investment Co., Portland, Oregon This matter was continued from the meeting of April 18, 1974 for the purpose of securing further information on traffic and circulation. Traffic Engineer Darnell appeared before the Commission to review various site plans which were discussed by the staff prior to Planning Commission review on April 18, 1974, and commented on the effects of each as to access, circulation of traffic, and on - street parking. Public hearing was opened,in connection with this matter. Cecil Wright, Attorney, representing the applicant, appeared before the Planning Commission and stated that the conditions as well'as Plan A which were recommended by the staff were acceptable. He commented on the -vacation of the alley, stating Page 2. -'i w. �r COMMISSIONERS CITY OF NEWPORT BEACH q QZ = v A N F A on„ re„ m Mav 2. 1974 MINUTES --- - '- - nevcn that the City of Newport Beach suggested same and advised that the triangle at the end of The Arcade was of no use to the applicant. He also felt that lack of parking by other businesses in the area contributed to the traffic problem, whereas the applicant was providing parking as required by the City of Newport Beach. Robert Rubien, owner of the Crab Cooker, appeared before the Planning Commission and expressed concern • over the problems of the area with the feeling that an exit between The Arcade and 21st Street was the best solution. Planning Commission further discussed the various plans including the reduction of parking spaces and the subsequent loss of 'occupancy load. Bill Blurock appeared before the Planning Commission and commented favorably on the restaurant operation in other locations, the fact that the applicant had purchased property in order to provide the required parking, and that Blurock's property was a day -time operation which' required low-key parking, therefore causing no major conflicts with the proposed restaurant operation or The Arcade.. Cecil Wright appeared before the Planning Commission and pointed out that if -any of the plans other than Plan A were imposed, the parking would be reduced, resulting in a loss of occupancy which would cause a serious problem to the applicant. He also advised there would be no live entertainment and the hours of operation would be from 5:00 P.M. to 10:00 P.M. on weekdays and 5:00 P.M. to 12:00 P.M. on the wee - ends. Planning Commission discussed one-way and two-way traffic through The Arcade onto 21st Street and the effects of same on businesses and residents in the area. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following much discussion, motion was made to approve Use Permit No. 1715, subject to the eleven conditions recommended by the staff with an addi- tional condition that a public right-of-way be dedicated between The Arcade and 21st Street, the direction of traffic to be determined by the City, and no access to be taken from Newport Boulevard. Page 3. • • 0 COMMISSIONERS CITY OF NEWPORT BEACH m M>v 9 107A MINUTES Motion X An amendment to the motion was made to allow access Ayes X on Newport Boulevard. Noes X X X X Abstain X Commissioner Parker advised that due to his late Absent X arrival and not having heard all the arguments, he would abstain. Vote was' taken on the amendment and motion failed. Ayes X X X-The original motion was then voted on and also Noes X X failed. Abstain X Absent X Motion X New motion was made to approve Use Permit No. 1715 Ayes X subject to all but Condition No. 2 whereby the Noes X X X X applicant would be allowed the requested occupancy Abstain X and in effect waive a portion of the required Absent X parking, plus the additional condition that a public right-of-way be dedicated between The Arcade and 21st Street, the direction of traffic to be determined by the City, and no access to be taken from Newport Boulevard. Motion failed. Motion X Another motion was made to approve Use Permit No. Ayes X X X 1715 subject to the eleven staff conditions and Noes X X Plan "A" as approved by the Traffic Engineer. Abstain X Motion failed. Absent X In order to come to a conclusion on the matter, Commissioner Parker's reason for abstaining was discussed and the Commission felt he had heard all the arguments and was in a position to vote since there was no conflict of interest involved. Chairman Agee reviewed that portion of the pro- ceedings which occurred during his absence, includ- ing the fact that the three plans reviewed by the Traffic Engineer had been previously sent to the Commissioners for their review. Motion X Motion was again made to approve Use Permit No. Ayes X X 1.715, subject to the eleven staff conditions Noes X X X X including Plan "A" as recommended by the Traffic Absent X Engineer. Motion failed. Motion X. Motion was made to approve Use Permit No. 1715, Ayes X X X X subject to the following conditions:. Noes X X Absent X 1. That development shall be in substantial con- formance with the approved plot plan and elevations except for minor modifications which may be approved by the Department of Community Development. Page• 4. COMMISSIONERS CITY OF NEWPORT LACH 9 m 2 2 c P N x p � ROLL CALL m May 2, 1974 MINUTES r 2. That the occupancy of the restaurant, as determined by the Fire Marshal and the Commun- ity Development Department, shall at no time exceed that number which would be allowed under the City's current restaurant parking requirements. 3. That landscape and irrigation plans shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said plan shall provide for a mixture of trees-, shrubs and groundcover which shall be continuously maintained. Particular attention shall be given to the selection of plant material for espaliers and plants which can be spilled and draped over the parking lot walls. 4. All exterior lighting and signs shall be approved by the Director of Community Develop en 5. All outside trash areas shall be screened with 6 foot high solid walls or fences and solid gates. 6. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That kitchen exhaust fans be designed to control odors and smoke in accordance*with Rule 50 of the Air Pollution Control District. 8 That the street car and the Phase II dining room on the second floor be secured and made inaccessible to restaurant patrons until such time as additional arkin duty at at parking attendants shall be fhours. 97all times during regular business 10. That all applicable conditions of approval of Resubdivision No. 446 be completed. 11. That the Use Permit not be effective unless and —until the portion -of The Arcade within the boundaries of Resubdivision No. 446 has been abandoned. 12. That the applicant shall dedicate to the City an easement for roadway purposes across the northeasterly side of the site so as to Page 5. INDEX t. COMMISSIONERS CITY OF NEWPORT BEACH m o m a m y rc m a May 2, 1974 MINUTES provide continuous public access between The Arcade and 21st Street. The location, width and direction of travel on said easement shall be subject to the review and approval of the Director of Public Works. There shall be no direct vehicular access to Newport Boulevard. Item #3 Request to create one building site and eliminate RESUB= interior lot lines where 14 lots and a portion of DIVISION N0. 446 "The Arcade" (to be vacated) now exist so as to allow the development of a restaurant on the site. APPROVED Location: Lots 19 through 22, Tract 814, and CONDI- Lots 1 through 10, Block 221, Sec- TIONALLY tion A, Newport Beach and a portion o-f "The Arcade" (proposed to be vacated), located at 2110 Newport Boulevard, on the northwesterly corner of Newport Boulevard and 21s Street on the Balboa Peninsula. Zones: -C-1, R-2 Applicant: Newport Beach Spaghetti Restaurant, Inc., c/o James J. Damis, Portland, regon Owner: Dus in Investment Co., Portland, Orego Engineer: C.E.L.S. Carp., Newport Beach Public hearing was opened connection with this . matter and there being no on desiring to appear and be heard, the public hears g was closed. Motion X r Motion was made to approve Resubd'vision No. 446 Ayes X X X X X X subject to the following conditions - Absent X 1. That a Parcel Map be filed. 2. That all unused curb cuts be closed u and the curb and sidewalk restored. 3. That a full parkway width sidewalk, with t e wells, be installed on the Newport Boulevar frontage. Existing A.C. paving and existing defective P.C.C. sidewalk shall be replaced with new P.C.C. sidewalk. Page 6. u DO'NOT REMOVE Planning Commission Meeting April 18, 1974 CITY OF•NEWPORT BEACH April 12, 1974 Item No. TO: Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1715 (Continued Public Hearing) Request to permit the following in conjunction with the development of a proposed restaurant•: (1) permit the sale of alcoholic beverages within 200 feet of a residential district, (2) permit,a portion of the required on -site parking to be located in a residen- tial district adjoining a commercial district, and (3) a waiver of parking lot standards so as to permit tandem parking spaces. LOCATION: Lots 19 through•22, Tract 814, and Lots 1 through 10,. Block 221, Section A, Newport Beach and a portion of "The Arcade" (proposed to be vacated), located at 2110 Newport Boulevard, on the northwesterly corner of Newport Boulevard and 21st Street on the Balboa Peninsula. ZONES: C-1, R-2 HEIGHT LIMITATION ZONES: 24/28 (R-2), 26/35 (C-1) APPLICANT: Newport Beach Spaghetti Restaurant, Inc., c/o James J. Damis, Portland, Oregon OWNER: Dussin Investment Co., Portland, Oregon Application This application requests the following in conjunction with the development of a proposed restaurant: (1,) permit the sale of alcoholic beverages within 200 feet of a residential district, (2) permit a portion of the required on -site parking to be located in a residential district adjoining a commercial district, and (3) a waiver of parking lot standards so as to permit tandem parking spaces. { In accordance with Section 20.08.030 of the Newport Beach MunicipaT Code, the serving of alcoholic beverages'within 200 feet of a residential district requires the securing of a use permit; and in accordance with Section 20.08.070 of the Newport Beach Municipal. Code, no fee private automobile parking lots may be permitted in any residential district adjacent to any commercial district, sub- ject to the securing of a use permit. Use Permit procedures are outlined in Chapter 20.46 of the Newport Beach Municipal Code. At its meeting of April 4, 1974, the Planning Commission continued this matter to the Commission meeting of April 78, 1974, pending revisions to•the plot plan for the proposed Spaghetti Factory Restaurant on the site. Environmental Significance_ This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Item No. 4 TO: Planning Commission - 2. Subject Property and Surrounding Land Use The subject site consists of 14 recorded lots and a portion of "The Arcade" which is adjoining. Existing improvements include the building formerly occupied by Frank Dice Sailmakers which will be remodeled into the proposed restaurant and single family dwellings and a duplex which will be removed. It is proposed that the portion of "The Arcade" encompassed by the project will be vacated. To the north is a bicycle shop; to the east, is a marine contracting facility; to the southeast, across 21st Street, are single family dwellings and duplexes; and to the southwest, across Newport Boule- vard, are commercial uses in "McFadden Square". Analysis The following outline reflects the major characteristics of the proposed development: Restaurant - occupant Proposed facilities include 3 dining load 280 persons. areas with a combined occupancy of 238 persons, a cocktail lounge with an occupant load of 42 persons and appurtenant kitchen, storage and restroom areas. Building Height Two stories, 22 feet to top of parapet. Facade Stucco, glass Existing Setbacks 0 foot setback along Newport Boule- vard; 78 feet± from 21st Street. Off -Street Parking Proposed - 95 spaces including 42 .tandem spaces. Required - 94 spaces (1 space for each 3 occupants) Vehicular access Ingress and egress from 21st Street and from "The Arcade" to the rear of the property in question. Landscaping Vines espaliered on 3 foot high walls to be constructed along 21st Street and Newport Boulevard frontages. Additional landscaping is proposed in planters within the parking areas. Hours of Operation 5:00 P.M. to 12:00 Midnight r Occupant Load - The attached plans have been reviewed by the Building Division and the occupant load of the building as illustrated has been established at 280 persons. It should be emphasized that this figure does not include the area to be occupied by the antique street car on the first floor which is intended to be a decorative feature, nor the space on the second floor which is eventually planned as a dining room but is presently designated as a storage area. It should be clearly stated at this time that these two spaces present a potential enforcement problem and that the staff must insist that these areas remain secured and inaccessible to restaurant patrons until such time as additional parking is provided. Off -Street Parking and Circulation - Ninety five (95) offstreet park- ing spaces are proposed on the site, including 42 tandem spaces. Valet parking attendants will be stationed in the parking area at all times during regular business hours to park and retrieve patron vehicles'. Item No. 4 TO: Planning Commission - 3. A portion of the parking lot is currently zoned R-2 (spaces 35 thru 50 and 63 thru 78). The existing R-2 zoning on the north- westerly side of 21st Street is inconsistent with the General Plan which indicates that this area will eventually be included within a specific area plan and developed for recreational and marine commercial uses. Pending the development of a specific area plan however, Section 20.08.070 of the Municipal Code will permit the use of this area for a parking lot subject to a use permit. It should. be noted that this R-2 strip consisting of 5 residential lots is bordered on three sides by C-1 zoning. Eleven (11) of the proposed parking spaces are located in an area currently occupied by "The Arcade". The applicant has requested that this area be vacated and the City Council has tabled the request pending action by the Planning Commission on this use permit and Resubdivision No. 446. The Public Works Department has not expressed any objection to the request since the right- of-way is a "dead-end" portion of the street that serves only the restaurant property. Vehicular access to the parking area is from 21st Street and from "The Arcade", to the rear of the proposed restaurant, with no vehicular access proposed from Newport Boulevard. The staff, including the City Traffic Engineer, has worked with the applicant on the proposed parking layout (including size and location of parking stalls, aisles and driveways) and feels that the proposed layout is workable. It should be noted that the driveway on 21st Street has been placed as close as possible to Newport Boulevard to minimize any possible effect on the residential uses located on the southeast side of 21st Street. Recommendation It is the opinion of the staff that the proposed use is consistent with the General Plan and existing restaurant uses in the area. The nearest residential uses are the single family dwellings and duplexes across 21st Street, approximately 150 feet from the main entrance to the restaurant. No live entertainment or dancing is contemplated at this time. If these uses�are to be added at a subsequent date, an amendment to this permit and public hearing will be required. An amendment to this application will'also be required if the applicant converts the storage room on the second floor into restaurant use. Approval of Use Permit No. 1715 is recommended subject to the following conditions: ,1. That development shall be in substantial conformance with the approved plot plan and elevations excejt for minor modifications which may be approved by the Depart- ment of Community Development. That the occupancy of the restaurant, as determined by the Fire Marshal and the Community Development Department, shall at no time exceed that number which would be allowed under the City's current restaurant parking requirement. 3. That landscape and irrigation plans shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said plan shall provide for a mixture of trees, shrubs and groundcover which shall be continuously maintained. Particular attention shall be given to the selection of plant material for espaliers and plants which can be spilled and draped over the parking lot walls_ 4. All exterior lighting and signs shall be approved by the Director of Community Development. • Item No. 4 TO: Planning Commission - 4. 5. All outside trash areas shall be screened with 6 foot high solid walls or fences and solid gates. 6. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and• not into the Bay or the storm drains. 7. That kitchen exhaust fans be designed to control odors and smoke in accbrdance with Rule 50 of the Air Pollution Control District. 8. That the street car and the Phase II dining room on the second floor be secured and made inaccessible to restaurant patrons until such time as additional parking is provided. 9. That parking attendants shall be on duty at all times during regular business -hours. 10. That.all applicable conditions of approval of Resubdivision No. 446 be completed. 11. That the Use Permit not be effective unless and until the portion of The Arcade within the boundaries of Resubdivision. No. 446 has been abandoned. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By_ 4 sa4ex William R. Laycoc , Senior Planner WRL/sh Attachments: Vicinity Map Letters favoring request (2) Site Plan Floor Plans, Elevations Fl Item No. 4 him