HomeMy WebLinkAboutC-2308 - Off-Site Parking Agreement, 4000 Campus Drive (Resub. 679)-03`/27/86/JJSI/ar/1625-67/Pl-F
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: &MOV, CUT(MEAli"
City Clerk/917
City of Newport Beach
3300 Newport Blvd.
,Newport Beach, CA 92663-3834
M!]
On CONIMMIM TERMINATION AND CANCELLATION OF
OFF-SITE PARKING AGREEMENT
86-Z90�9?.
RECORDED IN p FICIAL L p DS
OF ORANGE COUNTY CALIFORNIA
-10 x 5 A M JUL 8'86
l' >jJ e a �/ _ f1 COUNTY
"� K �l/ RPCORDER
On December 22, 1981, the City of Newport Beach, a
municipal corporation and charter city ("City"), The Irvine
Company, a Michigan Corporation ("Owner"), and Pacesetter Homes,
Inc., a California corporation ("Lessee"), executed a document
titled "Off -Site Parking Agreement" which was recorded on
December 30, 1981, in Book 14342, Pages 269 through 273,
inclusive, of Official Records, Records of Orange County,
California, encumbering Lots 13, 14, 15 and 16 of Tract No. 3201,
as said Tract is shown on a map recorded in Book 130, Pages 25
through 30, inclusive, of Miscellaneous Maps, Records of said
County.
Lessee's intended plan which had been submitted to the
City for its approval and which required additional parking,
resulting in the recordation of the above -referenced instrument,
has been abandoned, and Lessee no longer intends to proceed with
the intended plan. The Owner, Lessee, and City all agree that the
property presently encumbered by such agreement ought to be
released and therefore, do hereby terminate and cancel that
certain Off -Site Parking Agreement referred to hereinabove effec-
tive with the recordation of this document.
(Signatures on next page)
IN WITNESS WHEREOF, the parties hereto ve caused this
document to be executed on the a,�ay of , 1986.
P ROVED ASTP FORM BY: "CITY"
.I` CITY OF NEWPORT BEACH, a
City Attorney Mun�cipa. Corpr ion
ATT
Ci"Ey Clerk
By : -
Its
"OWNER"
THE IRVINE COMPANY,
Michigan C.�or-Xoratiq
PPP�p
'IV oG By
By:
STATE OF CALIFORNIA )
ss.
COUNTY OF pG��jl�(Cpr✓ )
"LESSEE"
PACESETT
a Califo
HOMES, INC.,
On 1986, before me, the undersigned a
Notary Public in and for said State, personally appeared wILLIAM H,
McC-MEL.ANII personally known to me (or proved to me on the basis of
satisfactory evidence) to be the IXC, �/,�, and t` Eu2A�EhI �19PtlC�F�R1�t
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the 4 WT, SE Qliq of The Irvine Company, the corpora-
tion that executed the within instrument, known to me to be the persons
who executed the within instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the within instru-
ment pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and
OFF;Ci;iL SEAL
HILDEGARD MILES
NOTARY PUBLIC CALIFORNIA
PRINCIPAL
OFFICE IN
ORANGE COUNTY
MY COMMISSION EXPIRES OCT. 10, 1989
STATE OF CALIFORNIA )
ss.
COUNTY OF pG��jl�(Cpr✓ )
"LESSEE"
PACESETT
a Califo
HOMES, INC.,
On 1986, before me, the undersigned a
Notary Public in and for said State, personally appeared wILLIAM H,
McC-MEL.ANII personally known to me (or proved to me on the basis of
satisfactory evidence) to be the IXC, �/,�, and t` Eu2A�EhI �19PtlC�F�R1�t
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the 4 WT, SE Qliq of The Irvine Company, the corpora-
tion that executed the within instrument, known to me to be the persons
who executed the within instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the within instru-
ment pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and
STATE OF CALIFORNIA ) 6-2907
I
) ss.
COUNTY OF OrancTe )
On June 2 , 1986, before me, the undersigned a
Notary Public in and for said State, personally appeared John W.
Klug , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Chairman , and Steven R. Strauss
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the Vice Presiderptf Pacesetter Homes, Inc. the
corporation that executed the within instrument, known to me to be
the persons who executed the within instrument on behalf of said
corporation, 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 offi,rial seal.
EP �F y
OFFICIAL SEAL /
CARLA Y GOMEZ of %y Pubiie
9 NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
MY COmm. expires OCT 20, 1987 >
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
-On 1986, before me, the under-
signed, a N-tar)A`Pu lic in and for said State, personally
appeared � ° known to me to be the
Mayor of the CITY OF NEWPORT BEACH, a municipal corporation
and charter city, the corporation that executed the within
instrument, known to me to be the person who executed the
within instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the within
instrument pursuant of its bylaws or a resolution of its
board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY L. PALEN- Nortaryub f is
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
. ORANGE COUNTY
My Commission Exp. Apr. 5, 1989
01-8;21/8l/KVN/t a/1625-00/167-171
RECORDING REQUESTED BY AND 38725
WHEN RECORDED R=RN TO:
City Clerk
City of Nswporr Beach
3300 Newport Boul�avard C2
Newport Beach, CA 92663
OFF-SITE PARXING AGREEMIENT
Pacesetter Homes, Inc.
'Lots 13, 14, 15 and 16;
3952, 4000 and 4020 Campus Drive
8K 1 4342nD 289
'14
� t�"°atr, taut
-312 PU DEC30'81
4
THIS FF -SITE P ING AGREEMENT, made and entered
into this
E�.Ci, day of . 1981, by and between CITY OF
NEWPORT B a municipal corporation and charter city
("City"). and THE IRVINE COMPANY, a Michian corporation
("Owner"), and PACESETTER HOMES, INC., a California corpora-
tion ("Lessee"), is made with reference to the following
facts, the materiality and existence of which is stipulated
and agreed by the -parties hereto:
A_ Owner owns certain real property located at
3952, 4000 and 4020 Campus Drive, in the City of Newport
Beach, County of Orange, State of California, which real
property is more particularly described as Lots 13, 14, 15
and 16 of Tract No. 3201, in the City of Newport Beach,
County cf Orange, State of California, as said tract is
shown on a map recorded in Book 130, Pages 25 through 30,
inclusive, of Miscellaneous Maps, in the Office cf the
County Recorder of said county, which property is '.-iereinafter
referred to as "Lot 13" and "Lots 14-16", respectively.
.. Lessee ground leases Lot 13 and Lots 14-16
from Owner. Provisions of the :Newport Beach Municipal Code
require persons conducting the business for whi,h Lots 14 15
will be employed to provide parking 4paces.
C. Lessee has applied to City for site plan
approval for Lots 14-16 and has done so because Lessee proposes
to construct an office building on Lots 14-16. Such construc-
tion proposed by Lessee is such that additional parkin
spaces must be provided by Lessee beyond that which will be
provided on Lots 14-16.
D. Lessee wishes to document its intention to
grant from Lot 13 to Lots 14-16 a right to use
18 automobile parking spaces oz. Lot 13" for Lots 14-16.
Owner is willing to consent to such right to use.
/I.
6-'2BK 1 4 3 4 2 pe 270
E. The Plannirs Com=ission of City, in conjunc-
tion with its consideration of aita plan approval, recommended
to the City Council of City approval of this off -Sit* Park-
ing Agreement, after determining that the conditions of
Section 20.30.033(D) of than N*vport Beach Municipal Cods
were satisfied.
F. The city council of City considerad this pro-
posed Off -Site Parking A-3rsament, determined that the A res-
mant satisfied the provisions of Section 20.30.033(D) o the
Newport Beach Municipal Code and authorized execution of
this Agreement.
NOW, THEREFORE, the parties hareto agree as follows:
1. Lessee and Owner hereby agree that for rod
and valuable consideration, the recoipt and adequacy of
which is hereby acknowledged, 18parking spaces on Lot 13
shall be allocated to the use of Lots 14-16
for the entire term of the lease botwean Owner and Leasee of
Lots 14-16. Lessees shall be responsible for the maintenance of
such parking spaces. Lessee and Osmer shall execute, and do
all things necessary, to ansura the effectiveness and valid-
ity of this right to'use by Lots 14-16 of automobile
parking spaces on Lot 13. The duties of Leasee pursuant
to this paragraph shall continua for such time as Lessee
operates the office building located on Lots 14-16, and with the
characterisLiQS a-3 intensity of use shown in the site plan
and any previous approvals graanted'by City.
2. In the event that the use of the off-street
automobile parking spaces provided for in this A reement are
lost to Lessee for any reason, Lessee agrees to do the
following:
(a) Alter the characteristics of, or rcd,cc
the capacity of, the office building located on Lots 14-16 such
that the automobile parking spaces available to, and under
the control of, Lessee are, giving consideration to any non-
conforming rights that Lessee may have as of the date of
this Agreement, sufficient to satisfy the parking require-
ments of the Newport Beach Municipal Coda;
(b) Notify, in writinand within 30 days of
the loss of the parking spaces, the Planning
anning Director of
City that automobile parking spaces, previously available to
Lessee are no longer available; and -
WAN
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6 •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
July 3, 1986
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
Enclosed for recordation is Termination and Cancellation of Off -Site
Parking Agreement, between City of Newport Beach and The Irvine
Company (owner), and Pacesetter Homes (Lessee).
The enclosed has already been checked as to form; notarized; and
is ready for recordation.
Please record and return to us.
Sincerely,
L�Gero�
Wanda E. Raggio
City Clerk
WER:pm
Enclosure(s)
3300 Newport Boulevard, Newport Beach
#1- 8 121 /81 /17Vr ' -a /1625 - 00/167 -171 BK 1 4 3 4 2 PO 269
RECORDING REQUESTED BY AND 36725
WHEN RECORDED RETURN TO: � E��`rILRCMS
City Clerk .3so p�j DEC30'81
City of Newport Beach EXEMPT
3300 Newport Boulevard C2
Newport Beach, CA 92663 LEE A. BRunty Recorder
yv } �,. �'1�rrD
OFF -SITE PARKING AGREEMENT unV Q
I� JAP�f . :5
Pacesetter Homes, Inc.
Lots 13, 14, 15 and 16;
3952, 4000 and 4020 Campus Drive
THIS OFF -SITE PARKING AGREEMENT, made and entered
into this day of , 1981, by and between CITY OF
NEWPORT BEACH, a municipa corporation and charter city
( "City "), and THE IRVINE COMPANY, a Michigan corporation
( "Owner "), and PACESETTER HOMES, INC., a California corpora-
tion ( "Lessee "), is made with reference to the following
facts, the materiality and existence of which is stipulated
and agreed by the-parties hereto:
A. Owner owns certain real property located at
3952, 4000 and 4020 Campus Drive, in the City of Newport
Beach, County of Orange, State of California, which real
property is more particularly described as Lots 13, 14, 15
and 16 of Tract No. 3201, in the City of Newport Beach,
County of Orange, State of California, as said tract is
shown on a map recorded in Book 130, Pages 25 through 30,
inclusive, of Miscellaneous Maps, in the Office of the
County Recorder of said county, which property is hereinafter
referred to as "Lot 13" and "Lots 14 -16 ", respectively.
B. Lessee ground leases Lot 13 and Lots 14 -16
from Owner. Provisions of the Newport Beach Municipal Code
require persons conducting the business for which Lots 14 -16
will be employed to provide parking spaces.
C. Lessee has applied to City for site plan
approval for Lots 14 -16 and has done so because Lessee proposes
to construct an office building on Lots 14 -16. Such construc-
tion proposed by Lessee is such that additional parking
spaces must be provided by Lessee beyond that which wigI be
provided on Lots 14 -16.
D. Lessee wishes to document its intention to
grant from Lot 13 to Lots 14 -16 a right to use
18 automobile parking spaces on Lot 13 for Lots 14 -16.
Owner is willing to consent to such right to use.
BK 1 4342P
.yam
THE IRVINE COMPANY,
a M c i vgrpoiiation
By .
/ -
By
Its
"LESSEE"
PACESETTER HOMES, INC.,
a California corr'rporattion
By a4x-2
Its
By zt�
Its „ /
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , 1981, before me, the under-
signed, a Notary Public in and for said State, personally
appeared , known to me to be
the Mayor of the CITY OF NEWPORT BEACH, a municipal corpora-
tion and charter city, the corporation that executed the
within instrument, known to me to be the person who executed
the within instrument on behalf of said corporation, 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.
-4-
Notary Public
272
STATE OF CALIFORNIA }
) ss.
COUNTY OF ORANGE )
BK 14342FG 273
On I (� , 1981, before me, the under-
signed, a Notary Public i an for said State, personally
appeared(� vw known to me to be
the and a ,
known to me to be the (�5;, C�_�s: of THE IRVINE COMPANY, a
Michigan corporation, the corporation that executed the
within instrument, known to me to be the persons who executed
the within instrument on behalf of said corporation, 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.
OFFICIAL SEAL
GAYLE M. BARRi'OVe' O
NOTARYPUBLIC - CALIFORNIA f Notary P c
PRINCIPAL OFFICE IN
ORANGE COUNTY P(,�
My Commission UP. May I, 1984 dY
ss.
COUNTY OF ORANGE )
On August 31 , 1981, before me, the under-
signed, a Notary Public in and for said State, personally
appeared Landon M. Exley , known to me to be
the Vice Pres. , and Sherri W. Whitfield
known to me to be the Asst. Secretary of PACESETTER HOMES,
INC., a California corporation, the corporation that executed
the within instrument, known to me to be the persons who
executed the within instrument on behalf of said corporation,
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 icial seal.
Notary Pub4iic
- � OFRGAL SEAL
`� ' FRED W. KINGDDN
t,_
� ; ��` NOTMY PUBUC • CRUFORNIA
ORANGE CDUNTY �
My Corm. FapNes Nov. 28,1983
—5—
! 1
December 22, 1981
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
Dear Mr. Branch:
Attached for recordation is executed original Off -Site Parking Agreement
between the City of Newport Beach and Pacesetter Homes, Inc.
Said agreement was authorized by the City Council of the City of Newport
Beach on December 14, 1981 by_the adoption of Resolution No. 11092.
Please record and return to us.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:1r
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
Cp1- 8/21/81/K4.a/1625- 00/167 -171
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
0
OFF -SITE PARKING AGREEMENT
Pacesetter Homes, Inc.
Lots 13, 14, 15 and 16;
3952, 4000 and 4020 Campus Drive
THIS OFF -SITE PARKING AGREEMENT, made and entered
into this Qo'l. day of , 1981, by and between CITY OF
NEWPORT BEACH, a municipal corporation and charter city
( "City "), and THE IRVINE COMPANY, a Michigan corporation
( "Owner "), and PACESETTER HOMES, INC., a California corpora-
tion ( "Lessee "), is made with reference to the following
facts, the materiality and existence of which is stipulated
and agreed by the-parties hereto:
- A. Owner owns certain real property located at
3952, 4000 and 4020 Campus Drive, in the City of Newport
Beach, County of Orange, State of California, which real
property is more particularly described as Lots 13, 14, 15
and 16 of Tract No. 3201, in the City of Newport Beach,
County of Orange, State of California, as said tract is
shown on a map recorded in Book 130, Pages 25 through 30,
inclusive, of Miscellaneous Maps, in the Office of the
County Recorder of said county, which property is hereinafter
referred to as "Lot 13" and "Lots 14 -16 ", respectively.
B. Lessee ground leases Lot 13 and Lots 14 -16
from Owner. Provisions of the Newport Beach Municipal Code
require persons conducting the business for which Lots 14 -16
will be employed to provide parking spaces.
C. Lessee has applied to City for site plan
approval for Lots 14 -16 and has done so because Lessee proposes
to construct an office building on Lots 14 -16. Such construc-
tion proposed by Lessee is such that additional parking
spaces must be provided by Lessee beyond that which will be
provided on Lots 14 -16.
D. Lessee wishes to document its intention to
grant from Lot 13 to Lots 14 -16 a right to use
18 automobile parking spaces on Lot 13 for Lots 14 -16.
Owner is willing to consent to such right to use.
E. The Planning
tion with its consideration
to the City Council of City
ing Agreement, after determ
Section 20.30.035(D) of the
were satisfied.
Commission of City, in conjunc-
of site plan approval, recommended
approval of this Off -Site Park -
ining that the conditions of
Newport Beach Municipal Code
F. The City Council of City considered this pro-
posed Off -Site Parking Agreement, determined that the Agree-
ment satisfied the provisions of Section 20.30.035(D) of the
Newport Beach Municipal Code and authorized execution of
this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Lessee and Owner hereby agree that for good
and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, 18 parking spaces on Lot 13
shall be allocated to the use of Lots 14 -16
for the entire term of the lease between Owner and Lessee of
Lots 14 -16. Lessee shall be responsible for the maintenance
such parking spaces. Lessee and Owner shall execute, and do
all things necessary, to ensure the effectiveness and valid-
ity of this right to'use by Lots 14 -16 of automobile
parking spaces on Lot 13. The duties of Lessee pursuant
to this paragraph shall continue for such time as Lessee
operates the office building located on'Lots 14 -16, and with
characteristics and intensity of use shown in the site plan
and any previous approvals granted by City.
2. In the event that the use of the off - street
automobile parking spaces provided for in this Agreement are
lost to Lessee for any reason, Lessee agrees to do the
following:
of
the
(a) Alter the characteristics of, or reduce
the capacity of, the office building located on Lots 14 -16 such
that the automobile parking spaces available to, and under
the control of, Lessee are, giving consideration to any non-
conforming rights that Lessee may have as of the date of
this Agreement, sufficient to satisfy the parking require-
ments of the Newport Beach Municipal Code;
(b) Notify, in writing and within 30 days of
the loss of the parking spaces, the Planning Director of
City that automobile parking spaces, previously available to
Lessee are no longer available; and
-2-
(c) Prior to resuming business in the manner
authorized prior to the loss of the parking spaces, submit
to the Planning Director of City a new or amended Off -Site
Parking Agreement, giving Lessee the use of at least the
same number of parking spaces required by this Agreement and
obtain such recommendations and approvals of such agreement,
by the Planning Commission and City Council of City, as
required by the Charter of City and the Newport Beach Muni-
cipal Code.
3. Lessee shall fully perform all of the condi-
tions of approval imposed by the Planning Commission and /or
City Council of City in conjunction with the approval of the
site plan for Lots 14 -16.
4. This Agreement shall run with the property
and shall bind the heirs, successors -in- interest., transferees,
vendees and /or assignees of the parties hereto, and shall be
recorded in the Office of the County Recorder of the County
of Orange.
IN WITNESS WHEREOF,
this Agreement to be executed
written.
APPROVED AS TO FORM
the parties hereto have caused
the day and year first above
"CITY"
CITY OF NEWPORT BEACH,
a municipal corporation
By Qt 4) By
obert H. Burnham
Asst. City Attorney Mayor
YE" T:
City Clerk
-3-
"OWNER"
THE IRVINE COMPANY,
a MOfiiasn cnroouation
In
/ By ���
Its%
"LESSEE"
PACESETTER HOMES, INC.,
a California corporation
By Q,ti "_�
Its
j 7
By
I
its
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , 1981, before me, the under-
signed, a Notary Public in and for said State, personally
appeared known to me to be
the Mayor of the CITY OF NEWPORT BEACH, a municipal corpora-
tion and charter city, the corporation that executed the
within instrument, known to me to be the person who executed
the within instrument on behalf of said corporation, 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
-4-
Y
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE )
On 1981, before me, the under-
signed, a Notary Public i. an for said State, personally
aoneared known to me to be
the and 1�bo1--'1d tM Kr,cS_ ,
known to me to be the f',5 ;, C ��1RJof THE IRVINE COMPANY, a
Michigan corporation, the corporation that executed the
within instrument, known to me to be the persons who executed
the within instrument on behalf of said-corporation, and
acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its
board of directors.
OFFICIAL SEAL
GAYLE M. BARRII.KMAi•!
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
-
Y Commission Exp. hiay 1, 1984
COUNTY OF ORANGE
land and official seal.
Notary P c
R
ss.
)
On August 31 - , 1981, before me, the under-
signed, a Notary Public in and for said State, personally
appeared Landon M. Exley , known to me to be
the Vice Pres. , and Sherri W. Whitfield ,
known to me to be the Asst. Secretary of PACESETTER HOMES,
INC., a California corporation, the corporation that executed
the within instrument, known to me to.be the persons who
executed the within instrument on behalf of said corporation,
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 icial seal.
Notary Pubviic
OFFICIAL SEAL
FRED W. KINGOON
< NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My Comm. Expim Nov. 28,1983
-5-
C"
City Council Meeting December 14. 1981
Agenda Item No. F -2(a)
CITY OF NEWPORT BEACH
Re..) I i oga ads
TO:
City Council DEO 14 1981
FROM:
Planning Department By the CITY COUNCIL
CITY Of NA1NFW BEACH
SUBJECT:
Off -Site Parking Agreement
Request to accept and approve an off -site parking
and common vehicular access agreement for portion
of the required off - street parking spaces in con-
junction with the construction of a three -story
office building in the M -1 -A District.
LOCATION:
Lots 14, 15, and 16, Tract No. 3201, located at
4000 Campus Drive, on the southeasterly side of
Campus Drive between Quail Street and Dove Street,
across from the John Wayne Airport.
ZONE: M -1 -A
APPLICANT: Pacesetter Homes, Inc., Newport Beach
OWNER: The Irvine Company, Newport Beach
Application
This is a request for the acceptance of an off -site parking and com-
mon vehicular access agreement in conjunction with the construction
of a three -story office building in the M -1 -A District. In accordance
with Section 20.30.035D. 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 owner-
ship, or the owners of the building sites have a
common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use thereof
(ownership o.f 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).
TO: City J&ncil - 2. 0
d) The owner or owners and the City, upon the approval of
the City Council, execute a written instrument or in-
struments, 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 shall be recorded in the office
of the County Recorder and copies thereof filed with
the Planning Department.
Suggested Action
If desired, adopt Resolution No. authorizing the execution of
an off -site parking agreement with The Irvine Company and Pacesetter
Homes, Inc.
Planning Commission Recommendation
At its meeting of November 19, 1981, the Planning Commission voted
(5 Ayes, 1 No, 1 Absent) to.recommend to the City Council the approval
of the requested parking agreement in conjunction with the proposed
office development on the site.
Analysis
The applicant is proposing to construction a two -story office build-
ing containing 10,000± sq.ft. of net floor area on one parcel, and
a three -story office building containing 43,000± sq.ft. of net floor
area on an adjoining parcel. The combined net floor area of these
structures is 53,000 sq.ft. The subject parcels are contiguous and
are held under separate long. =term leases. The smaller of the two
parcels provides more parking than is required, while the larger
parcel provides less than the required amount of parking for the pro-
posed structure. However, the total required amount of parking (212
spaces) is to be provided on the two parcels.
The off -site parking agreement will permit eighteen of the required
parking spaces for the larger parcel to be located on the smaller
parcel. A majority of the Planning Commissioners had no objections
with the applicant's request inasmuch as the parcels are contiguous
and therefore so located to be useful to the proposed use, and undue
traffic hazards will not be created.
Attached for th
of the Planning
cant's request
1981.
e information and review of the City Council is a copy
Commission Staff report which describes the appli-
and an excerpt from the draft minutes of November 19,
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
4 `&rzX� . le o<'00�.�
WILLIAM R. LAYCOCK Current Plans
Attachments for City Council Only
ministrator WRL /kk
Planning Commission Staff Report
Draft Planning Commission Minutes
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Planning Commission Meeting November 19, 1981
Agenda Items No. 9
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Off -Site Parking Agreement (Discussion)
Request to accept and approve an off -site parking and common
vehicular access agreement for a portion of the required
off - street parking spaces in conjunction with the construction
of a three -story office building in the M -1 -A District.
LOCATION: Lots 14, 15, and 16, Tract No. 3201, located at 4000 Campus
Drive, on the southeasterly side of Campus Drive between Quail
Street and Dove Street, across from the John Wayne Airport.
ZONE: M -1 -A
APPLICANT: Pacesetter Homes, Inc., Newport Beach
OWNER: The Irvine Company, Newport Beach
Application
This is a request for the acceptance of an off -site, parking and common
vehicular access agreement in conjunction with the construction of a 3 -story
office building in the M -1 -A District. In accordance with Section 20.30.035
D. of the Newport Beach Municipal Code, 'the Planning Commission shall not
recommend and the City Council shall not approve off - street parking on a
separate lot from the building site or sites unless:
(a) Such lot is so located as to be useful in connection with the proposed use
or uses on the building site or sites.
(b) Parking on such lot will not create undue traffic hazards in the
surrounding area.
(c) Such lot and the building site are in the same ownership, or the owners of
the building sites have a common ownership 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 shall be recorded in the office of the County Recorder
and copies thereof filed with Planning Department.
• T0: Planning Commission -2.
• Environmental Significance
This project has been reviewed, and it has been determined that it is
categorically exempt under Class 11 (Accessory Structures) from the
requirements of the California Environmental Qualities Act.
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for "General
Industry ". The proposed commercial office building falls within the permitted
uses.
Subject Property and Surrounding Land Use
Currently there are two single story structures on the two adjoining lots.
The existing structures will be removed from the site in conjunction with the
proposed office development. Surrounding the subject property to the
northeast, southeast, and southwest is a mixture of commercial office, retail,
and light industrial uses; and to the northwest across Campus Drive, is the
John Wayne Airport.
Background
At its meeting of January 22, 1981, the Planning Commission approved a Traffic
Study for the proposed 3 -story office development, subject to the following
conditions:
1. That a maximum of 43,000 sq.ft. of development occur.
2. That the applicant demonstrate to the satisfaction of the
Planning Department that a ride sharing program that is designed
to achieve at least the traffic reduction estimated in the
January 8, 1981, Traffic Report, has been accomplished prior to
the occupancy of any development permitted by this approval
beyond 36,700 sq.ft.
These conditions of approval reduced the requested amount of floor area from
55,000 sq.ft. to a maximum of 43,000 sq.ft. Condition No. 2 states that the
applicant shall demonstrate that the ride sharing program will achieve the
estimated reduction in traffic generated prior to the occupancy of that
portion of the proposed commercial office building exceeding 36,700 sq.ft., up
to the maximum of 43,000 sq.ft.
• At its meeting of March 5, 1981, the Planning Commission approved
Resubdivision No. 679, a request to create one parcel of land where 3 parcels
existed so as to permit the construction of the 3 story office building in the
M -1 -A District. The findings made and conditions of approval imposed as a
part of this request are set forth in the attached excerpt from the minutes of
• the Planning Commission meeting of March 5, 1981.
z
0
• TO: Planning Commission -3.
• At its meeting of September 15, 1981, the Modification Committee approved a
request to reduce the parking requirement for the subject development on the
two adjoining lots from one space for each 225 sq.ft. of net floor area to one
space for each 250 sq.ft. of net floor area and to permit a portion of the
required parking spaces to be compact spaces. The Modification Committee
findings and actions area attached for Commission review.
Analysis
The subject parcels are contiguous and are held under separate long -term
leases. The applicant is proposing to construct a 2 story office building
containing 10,000tsq.ft. of net floor area on one parcel, and a 3 story office
building containing 43,OOOtsq.ft. of net floor area on the other parcel. The
combined net floor area of these structures is 53,000 sq.ft. Based upon the
parking standard approved by the Modifications Committee of one space for
each 250 sq.ft. of net floor area, a total of 212 (53,000 sq.ft. v 250 sq.ft.)
parking spaces are required. The smaller of the 2 parcels provides more
parking than is required while the larger parcel provides less than the
required amount of parking for the proposed structure. However, the total
required amount of parking (212 spaces) is to be provided on the two parcels.
As indicated on the plot plan submitted as a part of this request, 161
standard spaces, 47 compact spaces (22.1$), and 4 handicapped spaces are to be
provided. The common access agreement will insure that the employees and
visitors to the site will be permitted to park anywhere in the common parking
areas.
The City Traffic Engineer has reviewed the proposed parking lot plan and has
approved the layout of said plan. Further, the City Attorney's office has
reviewed the subject off -site parking and common vehicular access agreement
and is satisfied as to its form and content. Staff has no object to the
applicants request inasmuch as the parcels are contiguous and therefore so
located to be useful to the proposed use, and undue traffic hazards will not
be created.
Specific Findings and Recommendations
Staff recommends the approval of the subject off -site parking and common
access agreement and suggests the Planning Commission take such action subject
to the Findings and Conditions of Approval set forth in Exhibit "A ".
PLANNING DEPARTMENT
• JAMES D. HEWICKER, Director
By
C s Gustin,
Associate Planner
• CG:tn
Attachments: Exhibit "A"
Vicinity Map
Modifications Committee "Findings
and Actions"
Excerpt from minutes of Planning
Commission meeting of March 5,1981
and of January 22, 1981
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TO: Planning Commission -4
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
OFF -SITE PARKING AGREEMENT
1. The proposed off -site parking areas is so located
as to be useful in connection with the proposed
office building inasmuch as the parcels are
contiguous.
2. That parking on said off -site lot will not create
undue traffic hazards in the surrounding area.
3. That the subject parcels are held under long term
leases of adequate duration to serve all proposed
uses on the properties.
CONDITIONS:
1. That the subject off -site parking and common
access agreement shall be approved by the City
Council quaranteeing that a minimum of eighteen
parking spaces on Lot 13, Tract No. 3201, shall be
provided for the reciprocal use of the development
on Parcel 1, Resubdivision No. 679 (81 -702) for
the duration of said development.
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° CI'I Y OF N1�:��-I'ORT BEACH
Planning Department 640 -Zt36
Modifications Committee Findings and Actions
Application No. 2711 (Revised
Applicant pa as cptra unmp% T r
Address of Property Involved ao5P t�an2n Camp_s_nr3va
Legal Description In c 14 15 11„Ig of mart'i�>nl
Modification Requested a reducation in the parkino requirement from one space for
The Modifications Committee on September 15, 1981 approved the application
subject to the following conditions:
The Modifications Committee determined in this.case that the proposal would
not be detrimental to persons, property or improvements in the neighborhood
and that the modification as approved would be consistent with the legislative
intent of Title 20 of the Newport Beach Munical Code, d made the following
findings: 1. That previous trafficreouirements (ip
ie. ride sharing pranogram) and a parking
NOTE: This approval shall extend for a period of 24 months from the end
,of the appeal period, and cannot be extended:
The decision of the Committee 'may' be appealed to the Planning Commission
withinl4 days of the date of the decision. Any appeal filed shall be
accompanied by a filing fee of $160.00. No building permits maybe issued
until -the appeal period has expired.
MODIFICATIONS COMMITTEE
PLANNING DEPARTMENT ,
JAMES D)..HEWICKER, DIRECTOR. '
BYr
am aycoc
Current Planning A ministrator
NOTE: The above application number must be affixed to the plans when
being submitted for plan check and building permits.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
e
Cea
COMMISST8ma� IONERS
Fni i Dpp 7
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Motion
All Ayes
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0 •ch 5, 1981 • MINUTES
of Newport Beach
Request to create one parcel of land where
three lots presently exist so as to permit the
construction of a commercial office building in
the M -1 -A District.
LOCATION: Lots 14, 15 and 16 of Tract No.
3201 located at 4000 -4020 Campus
Drive, on the southeasterly side of
Campus Drive between Quail Street
and Dove Street across from the
John Wayne Airport.
ZONE: M -1 -A
APPLICANT: Pacesetter Homes, Inc.
Newport Beach
OWNER: The Irvine Company
ENGINEER: Church Engineering, Newport Beach
The public hearing opened in connection with
this item and Mr. Steve Strauss, representing
Pacesetter Homes, Inc., appeared before the
Commission and requested approval of this
resubdivision.
Motion was made for approval of Resubdivision No.
679 with the findings and conditions of Exhibit
"A" as follows, which MOTION CARRIED:
FINDINGS:
1. That the map meets the requirements of Title
19 of the Newport Beach Municipal Code, all_.
ordinances of the City, all applicable
general or specific plans and the Planning
Commission is satisfied with the plan of
subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
CONDITIONS:
1. That a parcel map be filed.
10
INDEX
Item N3
RESUB-
DIVISION
N0. 679
APPROVED
rnnunr-
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'arch 5, 1981 • MINUTES
of Newport Beach
INDEX
2. That all improvements be constructed as re-
quired by Ordinance and the Public Works
Department.
3. That all conditions of approval of the
Traffic Study prepared in conjunction with
the development of this site shall be met.
4. That approximately 80 sq. ft. of deteriorated
P.C.C. sidewalk be reconstructed along Campus
Drive.
5. That the on -site parking lay -out be approved
by the Public Works Department.
6. That arrangements be made with the Public
Works Department to guarantee satisfactory
completion of the public improvements if it
is desired to record the parcel map or obtain
a building permit prior to completing the
required public improvements.
\ny to establish a private, off - street Item li4
ial parking lot in the R -2 District. A
ation to the Zoning Code is also requested
as a landscape planter encroaches to USE PERMIT
r operty line (where the Ordinance does N0. 1976
mit ny obstruction within five (5) feet
rear operty line adja cent to a fourteen
ot wide lley). DENIED
N: Lot Block I of Tract 323,
locate at 410 Jasmine Avenue on
the eas rly side of Jasmine Aven ue
between E t Coast Highway and Bay-
s 'n Corona del Mar.
ZONE: R -2
APPLICANT: Richard K. NaXa, ewpo rt Beac h
OWNER: Jeff Schuleindel Mar
N
�dnuary 22, 1981 • '�""v'�-�
City of Newport Beach
CALL INDEX
loon
Ayes
Noes
Absent
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Motion was made to approve the Traffic Study
as proposed in Exhibit "A" of the staff report.
Commissioner Beek asked Commissioner McLaughlin
if she would accept an amendment to her motion,
to delete Condition of Approval No. 2. Commis-
sioner McLaughlin stated that she would not ac-
cept this amendment to her motion.
Commissioner McLaughlin's motion for approval of
the Traffic Study was now voted on as follows,
which MOTION CARRIED.
(FINDINGS:
1. That the proposed trip generation measures
are acceptable and will be permanently
implemented through the conditions of this
approval and those that may be applied during
the resubdivision of the project site.
2. That a Traffic Study on the proposed project
has been prepared in accordance with Chapter
15.40 of the Municipal Code and City Policy
S -1, and;
3. That based on that Traffic Study, the pro-
posed project will neither cause nor make
worse an unstaisfactory level of traffic
service on any "major ", "primary- modified ",
or "primary" street.
CONDITIONS:
1. That a maximum of 43,000 sq. ft. of devel-
opment occur.
2. That the applicant demonstrate to the
satisfaction of the Planning Department
that a ride sharing program that is designed
to achieve at least the traffic reduction
estimated in the January 8, 1981, Traffic
Report, has been accomplished prior to the
occupancy of any development permitted by
this approval beyond 36,700 sq. ft.
-43-
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ppoo
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0 November 19, 1981
of Newport Beach
MINUTES
DRAFT
6. That the establishment of the proposed project,
utilizing up to 25 percent of the required parking
spaces for compact car spaces in the small parking
lot will, under the circumstances of the
articular case, be detrimental to the health,
Sam, y, peace, comfort and general welfare of
pe residing or working in the neighborhood of
such pr sed use or be detrimental or injurious
to propert and improvements in the neighborhood
or the genera elfare of the City, and further
that the propose edification is not consistent
with the legislati intent of Title 20 of the
Municipal Code.
7. That approval of Use Permit 2043 will, under
the circumstances of this case, e detrimental to
the health, safety, peace, mora comfort and
general welfare of persons residing a working in
the neighborhood or be detrimental or in ious to
property or improvements in the neighbor h d or
the general welfare of the City.
Request to accept and approve an off -site parking and
common vehicular access agreement for a portion of the
required off - street parking spaces in conjunction with
the construction of a three -story office building in
the M -1 -A District.
LOCATION: Lots 14, 15 and 16, Tract No. 3201,
located at 4000 Campus Drive, on the
southeasterly side of Campus Drive
between Quail Street and Dove Street,
across from the John Wayne Airport.
ZONE: M -1 -A
APPLICANT: Pacesetter Homes, Inc., Newport Beach
OWNER: The Irvine Company, Newport Beach
The discussion opened in connection with this item and
Mr. Steve Strauss, representing Pacesetter Homes,
appeared before the Commission and requested approval
of this item.
-22-
INDEX
Item #9
OFF -SITE
PARKING
AGREEMENT
APPROVED
CONDI-
TTONAI I Y
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November 19, 1981 0 MINUTES
� Co
H City of Newport Beach
In response to a question posed by Commissioner Allen,
Planning Director Hewicker discussed the original
traffic study. He stated that less square footage is
being built on the parcel than what could be permitted
under the current regulations. Mr. Strauss discussed
their need for the off -site parking agreement.
Commissioner Allen asked if this particular parcel was
ever a part of the original proposal in conjunction
with the approved traffic study on the adjoining
property. Planning Director stated that it was not a
part of the original proposal in terms of density and
land use.
Commissioner Beek asked if two different owners could
apply for the joint use of the parking lot. Planning
Director Hewicker stated that this could be possible.
Motion was made for approval of the Off -Site Parking
Agreement and the common access agreement, subject to
the following findings and conditions, which MOTION
CARRIED:
FINDINGS:
1. The proposed off -site parking area is so located
as to be useful in connection with the proposed
office building inasmuch as the parcels are
contiguous.
2. That parking on said off -site lot will not create
undue traffic hazards in the surrounding area.
3. That the subject parcels are held under long term
leases of adequate duration to serve all proposed
uses on the properties.
CONDITIONS:
1. That the subject off -site parking and common
access agreement shall be approved by the City
Council guaranteeing that a minimum of eighteen
parking spaces on Lot 13, Tract No. 3201, shall be
provided for the reciprocal use of the development
on Parcel 1, Resubdivision No. 679 (81 -702) for
the duration of said development.
. t �
-23-
INDEX
/z
RESOLUTION NO. 1.1092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ACCEPTING AN OFF -SITE PARKING
AGREEMENT WITH PACESETTER HOMES, INC. FOR OFF
STREET PARKING SPACES IN C014JUNCTION WITH THE
CONSTRUCTION OF A THREE -STORY OFFICE BUILDING
• LOCATED AT 4000 CAMPUS DRIVE, NEWPORT BEACH
(RESUBDIVISION NO. 679)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Off -Site Parking Agreement
between the City of Newport Beach and Pacesetter Homes, Inc., in
connection with Resubdivision No. 679 /Modification No. 2711 -
Revised /Traffic Study; and;
WHEREAS, the City Council has reviewed the terms and
conditions of said Off -Site Parking Agreement and finds them to
be satisfactory, and that it would be in the best interests of
the City of Newport Beach to execute said Off -Site Parking
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Off -Site Parking Agreement
above- described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf of
the City of Newport Beach.
ADOPTED this14thday of December , 1981.
�a r
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ATTES
City Clerk
12/14/81
PR