HomeMy WebLinkAbout2.0_The Garden Office and Parking Structure_PA2019-023_3_Additional Materials Planning Commission-October 17,2019
Item No.2a Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
From: David Fults
To: Planning Commissioners
Subject: Riverside rooftop restaurants
Date: Thursday,October 10,2019 6:09:30 PM
I fully support the two new restaurant projects on Riverside with rooftop decks.I think it will be great addition to the
neighborhood.
David Fults
519 Fullerton Avenue
Planning Commission-October 17,2019
Item No.2b Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
October 14, 2019
Dear Planning Commission Members and City Council:
First of all I agree with all of the findings and requests in the letter of Berding &
Weil Attorneys at Law which was sent to the Newport Beach Planning
Commission on October 8 regarding The Garden Office and Parking Structure
Proposed Project on Riverside Drive.
Of most importance is that the Applicant has separated the proposed project at
215 Riverside from its proposed restaurant project across the street at 2902 West
Coast Highway, the two are integrally related and must be considered as one
project.
Second, there is a lot of false information being propagated by the person of
(Kaitlin Crowley) working for a company by the name of Mobilitie. She and
possibly others have been canvassing the neighborhood with false propaganda
about the project at 215 Riverside and getting unknowledgeable neighbors to
sign letters of approval. My daughter-in-law as well as my neighbors were some
of those posted online.
My daughter-in-law wishes to rescind her signature. She was misinformed.
Our neighbors were not informed that the restaurant had the capacity of at least
200 and only 40 parking spots being provided in the separate structure at 215
Riverside which will not have a roof on it and all of those tires screeching, car
alarms, blasting stereos and drunks hollering will come right up to us, along with
those parking in our neighborhood because they do not want to pay or wait for
valet parking. I can only imagine all of the regurgitating and urinating in our parks
with the steps leading up into our neighborhood, along with vandalism that
occurs when bars are open until 1 AM.
Then the parking structure clean up starts with loud garage sweepers coming in
the middle of the night. Skate boarders and homeless as well graffiti artists!
We were very disturbed when the parking structure at the John Dominis Building
all the way across PCH next to Billy's was built and kept us awake all night. Now
the proposed parking structure will be under our homes, next to our parks and
wetlands, in our neighborhood and under our noses. It is not a healthy choice
and we respectfully request that you deny this parking structure and all future
plans for parking structures along Mariners Mile, as well as roof top bars! We are
raising our families up here and would like to keep some peace in our
neighborhood.
Thank you for your wisdom in this matter,
With gratitude-Val & Tom Carson & Family
Planning Commission-October 17,2019
Item No.2c Additional Materials Received
The Garden Office and Parking structure(PA2019-023)
CENTERSTONE
C O M M U N I T I E S
WEST
October 15, 2019
Mr. Aaron C. Harp
City Attorney, City of Newport Beach
Civic Center
100 Civic Center Drive, Bay 2E
Newport Beach, CA 92660
Re: Easement Document
Made: August 31, 1990
Recorded: November 6, 1990
County of Orange, CA
215 Riverside Drive office remodel and proposed parking structure
Dear Mr. Harp,
My name is Hal Woods. I am the owner of a single family home directly behind the proposed
project at 215 Riverside Drive in Newport Beach.
This letter is to inform you of some very important information that has critical bearing on this
proposed project. This information will allow the appointed and elected decision makers and
staff of this great city to make an informed and proper decision on these very controversial
projects. These projects have the potential to negatively impact the family lifestyle of our
Newport Heights neighborhood as well as our property values for years to come.
Enclosed are four recorded Grants of Easement Agreement executed by the property owner at
215 Riverside Drive in August of 1990. The Grants of Easement Agreement were each
formalized and recorded in order to protect the homes surrounding 215 Riverside Drive. I am
the Grantee of one of the Grants of Easement Agreement. These recorded documents have
great bearing not only on the allowable design, but its ultimate approval or denial by the trusted
decision makers, since they limit the permissible development of 215 Riverside Drive. The
proposed project at 215 Riverside Drive is inconsistent with the limitations set forth in the
Grants of Easement Agreement.
Please take the time to study the impacts of the law of this document and help safeguard the
adjacent community, as well as the very closely connected residential homes that are directly
affected. Please pay special attention to the carefully-drafted provisions of this document with
respect to access and viewshed.
3500-B W. lake Center Drive, Santa Ana, California 92704 • (714)437-0800 • Fax: (714)437-0830
Planning Commission-October 17,2019
Item No.2c Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
When allowed to study the staff report and supporting documents last Friday afternoon, it
appears there were discrepancies and missed communications from what we were told in the
initial community meeting regarding this proposed project and its design. It would be
unfortunate for the City and Planning Commission to spend even more time and resources
considering a project that cannot be built due to the applicant's failure to disclose and comply
with the Grants of Easement Agreement.
Thank you again for taking the time and effort to make an informed decision with all the
information disclosed, including this legally-recorded public document.
Jjds, Jr., A.I.A.
of Newport Beach
2919 Cliff Drive,Newport Beach, CA 92663
Cell Number: 714-200-4915
Attachment: Grants of Easement Agreement
CC: Seimone Jurjis, Community Development Director
James Campbell, Deputy Community Development Director
Makana Nova, Associate Planner
Peter Koetting, Chair, City of Newport Planning Commission
3500-B W. Lake Center Drive♦ Santa Ana, California 92704 ♦ (714) 437-0800 v Fax (714) 437-0830
October 17.2019
aterials Received
n f�QQpp ure(PA2019-023)
J��SUU��2 RECORDIX Rr QUESTED BY
SOUTH CUAS(THLECOMPANY
RECORDING REQUESTED BY OF OORANGE1000NTVCALILIWNO
Al2U WHEN RECORDED MAIL TO: 2:30
ALLEN, MATKINS, LECK, GAMBLE 6 P.ht NOV G 1990
MALLORY
18400 Von Barman, Fourth Floor WOO
lr"ine. California 92715 C1 Q,r�y,.�pEC0R0ER
ATTN: Gary S. McKitterick, Esq.
!Above Space Ior Recor4er•s Use 0011
nkE .t IIk4 I.,R[,dit by
South Catsl Trte h..mrary
86On�:-*'nWe1N'On^niY.'1�p8 nol
GRANT OF A EOeENT A-R 141:,Ni been ewm.I.d as W ns ena-nn or
u to as elleg on 1W Uae.
COThis GRANT OF EASEMENT AGREEMENT ("Agreement") is made
(" as of this 31 day of August , 1990, by and between
NELLY VAN cALCAR, an individual, YVONNE VAN CALCAR, an individual
v and MARILYN J. SALENE, an individual (collectively, "Grantor"),
U` and RONALD JACKSON, an individual ("Grantee").
B E C 3 T A L 5:
A. Grantor owns that certain real property described
in EaRibj.t. "A„ attached hereto and by this reference incorporated
herein (the "Servient Tenement").
B. Grantee owns that certain real property which is
situated adjacent to the Servient Tenement, which is more
particularly described in Exhibit "B" attached hereto and by this
reference incorporated herein (the "Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "Parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepar-d to convey to Grantee, certain easements for
access, ingress and egress, landscaping and view over and across
the Servient Tenement for the benefit of the Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions hereinafter set
forth, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
R1/942/2RaR/W9280402/02-13-90/eFg
October 17,2019
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1. Ear Hguwnts..lor.Access, ll/gryaS..._.Faress anld_V�ow.
(a) Grants o£..$aSEmenit. Grantor hereby grants to
Grantee perpetual, exclusive easements and rights-of-way, and
incidents thereto, for the benefit of and appurtenant to the
Dominant Tenement over such portions of the Servient Tenement
and for such purposes as are more particularly set forth
below. The easements granted hereinbelow, shall be referred
to collectively as the "Easements".
(i) AS6.fle8 kasement. An easement ("Access
Easement") for the purposes of pedestrian access,
ingress and egress over, under and across that portion
of the Servient Tenement as is more particularly
described in Exhiy_i�_ r and depicted on Exhibit "C-1"
attached hereto ("Easement Area").
(ii) Landscape and Improvement Easement. An
easement over, under and across the Easement Area
("Landscape and Improvement Easement") for the purposes
of installation, maintenance, replacement, alteration
and restoration of landscaping and improvements,
structures and/or appurtenances within the Easement
Area, including, but not limited to, benches, fountains,
sprinklers, pipes, trellises, fences, stairs, a
satellite dish, or a gazebo or similar structures
(collectively, "Improvements-),
(iii) Yi w Easement. An easement ("View
Easement") for the purposes of light, air and view into,
through, over and above the Air Space, as defined in
Paragraph 3 hereof.
2. Maintenance. All costs and expenses associated
with the maintenance, restoration, repair, cleaning or
landscaping of the Easement Area and the Improvements, as
applicable, shall be borne by Grantee.
3. Covenant Reaardina Airspace. Grantor hereby
represents, warrants and c-venants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
on the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction"), to a height in excess
of *forty—eighty-nina :t. ( 40-R9 _) feet ("Height Limit"), as
measured from the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
referred to herein as the "Air Space." Any Obstruction existing
or located on the Property in violation of the terms and
*not to exceed existing roof
of approximately 40.89' above _2_
mean sea level.
R11942/2RBR/M9280-002/07-18-90/afg
October 17,2019
aterials Received
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conditions of this Paragraph 3 shall be an unauthorized
interference with Grantee's View Easement and shall be removed
Immediately by Grantor on demand at Grantor's sole cost and
expense. The Eailure or Cr.ntee to require the removal of an
Obstruction shall in no way t.. ?vemcd a waiver of Grantee's right
to require such removal.
g. R1l11 w,ith_She_,ap�d. The obligations, rights and
restrictions set forth in this Agreement with respect to each
Parcel and the owner thereof will directiy benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be binding upon the parties hereto and their successors and
assigns. Every individual or entity who now or hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thereof is and shall be -onclusively deemed to have
consented <'td agreed to every obligation or restriction provided
for herein. whether or not any reference to tais instrument is
contained in the instrument by which such individual or entity
acquired an interest in the Parcel.
5. Dedic-ation. The provisions of this Agreement shall
not be deemed to constitute a dedication for public usi nor
create any rights in the general public.
6. Attorneys' Fees. In the event either party hereto,
or their successors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
default of, or any other action arising out of, this Agreement or
the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, in addition to any other damages or relief awarded.
7. General Provisions.
(a) Any provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
(d) This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
-3-
Rr/9<i/ZRW/W91ag-0or/a)-19-go/mig
October 17,2019
at"ials Received
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(a) This Agreement supersedes any prior
agreements, regotiationc and communications, oral or written,
and contains the entire agreement between the parties hereto
with respect to the subject matter hereof. This Agreement
may not be modified in any respect whatsoever:, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official Records of Orange County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(9) The parties hereto agree that if there are any
mortgages or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) or deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
Of Exhibit "D" attached hereto.
(h) All exhibits attached to this Agreement are
hereby incorporated by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed upon the date and year first abovE
written.
"Grantor" U
BELLY VAN CAL
rr.:r Let„'
ONNE VAN CALCAR
IL J. ENE
"Grantee"
RONALD JACKSON
_q_
R1/%2/2RBRAM9280-002/08-06-g0/mfg
October 17,2019
aterials Received
ure(PA2019-023)
STATE OF CALIFORNIA )
COUNTY OF(� ) as.
Jn S r 1990, before me, the
undersigned, a otary Public in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
_ wrmsvcc ply hand and official seal.
mn 91 100 c*- maw NI
u1�- .1atluo /J _ /1 "1Le
nNaom iv>-mw a /ntlioN `..].X'i+q•►.+Y T
Z139 d abVM39 NotaryPublic in and r said State_
STATE OF CALIFORNIA )
) ss.
COUNTY OF r+� � )
On J a"J 1990, before me, the
undersigned, a votary Public in and £or said State, personally
appeared YVONNE VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
OFPICIAL SEAL'
uN0IRRY PVBLC•C%.160RmA � r••�-�✓�^
oalxrr munn ( Notary Public in and r said State
of wmm.aplia Om IR NOi
STATE OF CALIFORNIA )
as.
COUNTY OF Y )
On ✓�� 1990, before me, the
undersigned, a Notary Public in and for sa_d State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to ue the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
z
/5EZ - Notary Public in and said State
, ... - --....mac=.�.......-.-.. .,.� -5-
RI/902/NUIRM9290-002/W-IB-90/�fg
October 17.2019
aterials Received
ure(PA2019-023)
STATE OF CALIFORNIA }
ss.
COUNTY OF
On 1990, before me, the
undersigned, a Notary Public in end for said State, personally
appeared RONALD JACKSON, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
A
Notary Public in and for said State
1.tM
e"1IIt C.ULLI
Rx:.xA wmar
wY Canm.Egr.Jwro 7,tam
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RI/9G2/2RBR/R9200-002107-1B-90/m(g
October 17,2019
aterials Received
ure(PA2019-023)
;,EaU_DECCRIPTION OF C RVIENT T NF,f]$N_'I
[To be Supplied]
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" WEST 62.63 FEET; THENCE
SOUTH 150 00' 17' EAST 79.68 FEET TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE EASTERLY ALONG THE CURVED SOUTHERLY LINE OF SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5404, 0£ THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 = : BOOK 5905 PAGE
269. ^F OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOu'_Y 640 37' 18" EAST 44.44 FEET, EASTERLY 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, RAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 FEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNINr.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXHIBIT "A"
R V94Z/2R8R/M9260-e0Z/07-18-90/"fg
October 17,2019
aterials Received
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LEGAL DESCRIPTION Ot SiAiI[iA::i T2.+rlEjy
[To be supplied]
PARCEL 1: That portion of Lot "0" of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29. Pages 31 to 34, of His Maps, in the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing described line:
Beginning at a point on the Southwesterly line of said Lot D, South 15" 00' 17"
East 127.72 feet from the Northwesterly corner of said Lot; thence Nor::. jig- 00'
00" East 62.63 feet; thence North 650 18' 30" East 55 feet; thence North 500
18' 30" East 84.56 feet to a point in the Northeasterly line of said Lot.
PARCEL 2: Lot 0 of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
ing described line:
Peginning at a point on the Southeasterlv line of said Lot December, South 150
00' 17" East, 127.72 feet from the Northwesterly corner of said lot; thence
North 890 00' 00" East 62.63 feet, thence North 650 18' 30" East 55 feet;
thence North 500 18' 30" East 84.56 feet to a point in the Northeasterly line
of said Lot, (said point being distant South 290 33' 20" East 173.44 feet from
the most northerly corner of said Lot 0.)
ALSO EXCEPT THEREFROM that portion of said Lot D described as follows:
Beginning at a point on the Southwesterly line of said Lot "0" South 150
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
150 00' 170 East along the Southwesterly line of said Let, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bears
North 300 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot "0" through a central angle of 40 09'
25" a distance of 29.71 feet to the beginning of a reverse curve Concave ■
Northerly, having a radius of 96.60 feet, a radial to which point bears South
340 45'00" West; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 840 06' 00" a distance of 141.80 feet; thence leaving
the boundary line of said Lot 00% North 310 23' 00" Nest 117.85 feet; thence
South 650 18' 30" West 55.00 feet; thence South 890 00' 00" Nest 62.63 feet to
the point of beginning.
EXHIBIT "B"
Rl/W2/2RBR/w9280-002/07-I8-90/mf9
October 17,2019
aterials Received
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October 17,2019
aterials Received
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DEPICTION OF EPJEMENT AREA
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RI/9e2/2ROR/W9280-002/OT-r0-90/RT9
October 17,2019
aterials Received
ure(PA2019-023)
T RECORUiNO REQUESTED BY _
a Q�MR073 SOUTH COAST TITLE COMPANY
RECORDING REQUESTED BY RECORDED IN OFFICALRECORDS
OFORANOE COUNTY.CAUFORNIA
AND WHEN RECORDED MAIL TO:
2:30
ALLEN, MATKINS, LECR, GAMBLE a P.M. NOV 61990
MALLORY
18400 Von Karman, Fourth Floor S19.DD
Irvine, California 92715 ,p I
ATTN: Gary S. McKitterick, Esq. CI Q. RECOROER
(Above Space for Recorder's Use Only)
Snub oasl
Tres c...f T faep:ur rocor4nR by
ra'e Cum;a•y
fjMNT—OF EASEMENT A REEMENT as nn ac:ommola on on:Y.is nos not
ENn exem.rietl au Io 11n ellpbliwl pf
n b Its oast!an Ibe yRy
This GRANT OF EASEMENT AGREEMENT ("Agream""t") is made
as of this 31 day of August , 1990, by and between
NELLY VAN CALCAR, an individual, YVONNE VAN CALrAn, an individual
and MARILYN J. SALENE, an individual (collecti-.e.ly, "Grantor'),
and TIMOTHY DAVEY, an individual ('Grantee").
R E C I T A L S:
A. J_ ntor owns that certain real property described
in Esl;}bit """ _^_.ctached hereto and by this reference incorporated
herei. lthe "Servient Tenement").
B. Grantee owns that certain real property which is
situated adjacent t^ the Servient Tenement, which is more
particularly described in Ezhihit "B" attached hereto and by this
reference incorporated herein (the "Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a -Parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepared to convey to Grantee, an easement for view
over and across the Servient Tenement for the benefit of the
Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions _cc:ivafter net
forth, and for other good and valuable consideration, the receipt
and sufr,:-- - 1 whi-ch are hereby acknowledged, the parties
hereby agree as follows:
RI/941/2ROR/g9280-002/07-18-90/nfg
October 17.2019
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1. Grp t_Q1,-VieW FASement• Grantor hereby grants '-
Grantee a perpetual, exclusive easement and incidents thereto
for the benefit of and appurtenant to the Dominant Tenement for
the ycrposes of light, air and �,iew ("View Easement") into,
through, over and abo-c the Air Space, as defined in Paragraph 2
hereof.
2. (lnvenanY Reaardinu Airspace. Grantor hereby
represents, warrants and covenants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
on the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction-), to a height in excess
of*for .e��ng��t{ 40_A9 ) feet ("Height Limit"), as
measured from the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
referred to herein as the "Air Space." Any Obstruction existing
or located on the F.�perty in violation of the terms and
conditions of this Paragraph 2 shall be an unauthorized
interference with Grantee's View Easement and shall be removed
immediately by Grantor on demand at Grantor's sole cost and
expense. The failure of Grantee to require the removal of an
Obstruction shall in no way be deemed a waiver of Grantee's right
to require such removal.
3• Run With the Land. The obligations, rights and
rmsY rions $or. torth in thr:. Agreement with respect to a"r•
tc: . , dad the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be bi.,ding upon the parties hereto and their successors and
assigns. Every individual or entity who new .:r hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thereuf is and shall he conclusively deemed to have
consented and agreed to every obligation or rea . v.ovidcd
for herein, whether or not any referenr- to th?. . ..nt- mer.i is
contained in the instrument by which ouch individual or entity
acquired an interest in the Parcel.
4. D dicatfon. The provisions of this Agreement shall
not be deemed to constitute a dedication for public use nor
create any rights in the general public.
S. Attorneys' Pees. In the event either party hereto,
or their successors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
default of, or any other action arising out of, this Agreement or
*not to exceed existing roof
of approximately 40.89' above
mean sea level.
_2_
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October 17,2019
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the transactions contempiated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, iu addition to any other damages or ralief awarded.
6. rlenvz-3 Provisions.
(a) Any Provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
(d) This Agreement Inar he executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
(a) This Agreement supersedes any prior
agreements, negotiations and communications, oral or written,
and contains the entire agreement between the parties hereto
with !aspect to the subject matter hereof. This Agreement
may not be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official Records of Orange County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(g) The parties hereto agree that if there are any
mortgage:: or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) oc deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
of Exhibit "C" attached hereto.
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(h) All exhibits attached to this Agreement are
hereby incorporated ay this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed upon the date and year first above
written.
"Grantor" �K-�1 --
/NELLY AN CALCAR
r
ONt1E VAN-CA CAR
�v
MAR LYN
Grantee"
TIMOTHY AVEY �
_q_
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October 17,2019
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s
STATE OF CALIFORNIA )
as.
COUNTY OF _ I.)
On _ 1990, before me, the
undersigned, a Rotary Public in and for said State, personally
appeared MELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
W E hand and official seal.
('FFICIAL SEAL
- 6ERNARO F SELZ -
-� NOTAtY Pv3LC•CALIrORNIA
p:tom
Nrmmm�evMaoCin16 Notary public in and fa said State
STATE OF CALIFORNIA )
�� ����""''�� " ) ss.
COUNTY OFr —'�(� _'--y,}� )
On O�✓�N�L - Z) 1990, before me, the
undersigned, a tary Public in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
; � - - - Notary Public in and fo aid State
STATE OF CALIFORNIA )
//��v� � � )
COUNTY OF(y-: as.
On 4c 1990, before me, the
undersigned, a tifttary Public in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
GFFICIAL SEAL Notary Public In and f said State
ERNARO F SEl2
NOIFRT PUfiIIC-CAINRNIA
,.. ONANRE rAUN1I
r My cw^����vR'sGl lit
RI/941/2RRR/M9290-002/07-I8-90/afg
October 17,2019
aterials Received
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STATE OF CALIFORNIA )
as.
COUNTY OF _ )
On __ 1990, before me, the
undersigned, -a N tary Public in and for said State, personally
appeared TIMOTHY DAVEY, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and Official Seel.
Notary Public. in and for said State
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LEGAL VE4CRIPTION OF SERVIENT TENEMENT
[To be Supplied]
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" WEST 62-63 FEET; NCE
SOUTH 150 00' 17" EAST 79.68 FEET TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE EASTERLY ALONG THE CURVED SOUTHERLY LINE OF SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN BOOK 5905 PAGE
269, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOUTH 640 37' 18" EAST 44.44 FEET, EASTERLY 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE HOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 lEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
A PORTTOW OP SAID r.a.ND IS SHOWN ON A MAP FILED IN BOOK 25 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXHIBIT "A"
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LEGA4 OE$CRIPTION_OE-D MI.NANT_TENFZU.T
ITw; bu Supplied]
PARCEL I: That portion of Lot 10" of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Maps, in the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing described line:
Beginning at a point on the Southwesterly line of said Lot D, South 150 00' 17'
East 127.72 feet from the Northwesterly corner of said Lot; thence North 890 00,
00' East 62.63 feet; thence North 650 18' 30' East 55 feet; thence North 500
18, 30' East 84.56 feet to a point in the Northeasterly line of said Lot.
PARCEL 2: Lot D of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34, Inclusive, of Miscellaneous Naps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
Ing described line:
I
Beglnniny at a point on the Southeasterly line of said Lot December, South 150
00' 17" East, 127.72 feet from the Northwesterly corner of said Lot: thence
North 890 00' 000 East 62.63 feet, thence North 650 18' 30' East 55 feet;
thence Nnrth 500 18' 30' East 84.56 feet to a point in the Northeasterly line
of said Lot, (said point being distant South 290 33' 20" East 173.44 feet from
the most northerly corner of said Lot D.)
ALSO EXCEPT THEREFROM that portion of said Lot 0 described as follows:
Beginning at a point on the Southwesterly line of said Lot 'D" South 150 00' 17"
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
15' 00' 17' East along the Southwesterly line of said Lot, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bears
North 300 35' 350 East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot "D" through a central angle of 40 09'
25' a distance of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
340 45'00' West; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 84' 06' 00" a distance of 141.80 feet; thence leaving
the boundary line of said Lot '0'. North 310 23' 00" West 117.85 feet; thence
South 65' IS' 30" West 55.00 feet; thence South 890 00' 00" West 62.63 feet to
the point of beginning.
EXHIBIT '_'B"
RI/94112RBR/w9280-002101-b: ,0'mfq
October 17,2019
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RECORDING REQUESTED BY
90�588074 SOUTH COAST TI TLE COMPANY
" RECORDED T OFFICIALRECOR03
RECORDING REQUESTED BY OF ORANGE rfJUNTv.cAUFORNIA
AND WHEN RECORDED MAIL TO: 9:3 NOY 6�990
ALLEN, MATKINS, LECK, GAMBLE 5
14ALLORY
18400 Von Karman, Fourth Flog ,p
Irvine, California 92715 $23.00 .4 a-V4 a ZRECORDER
ATTN: Gary S. Mc[Citterick, Esq. cl
(Above Space for Recorder's Ise Only)
Iris ddrement 10do far reseeding by
loath Co, t I,t COmFJny
_R.AS_4E_EASEMEIT' A.RE MENT C ...: .1,o .,r.•""oay.it
ns net
,'.a�. nn,. -..o rts emcmun o.
As as W O,:u:t.IN ties.
This GRANT OF EASEMENT AGREEMENT ("Agreement") is made
as of this 3_ day of August , 1990, by and between
NELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual
IIJn/ and MARILYN J. SALENE, an individual (collectively, "Grantor"),
m and HAROLD G. WOODS, JR. , an individual, and SHARON KELLY WOODS,
_ram an individual, husband and wife (collectively, "Grantee").
,J R E C I T AL a:
4
A. Grantor owns that certain real property described
in Exhibit "A" attached hereto and by this reference incorporated
herein (the "Servient Tenement").
B. Grantee owns that certain real property which is
situated adjacent to the Servient Tenement, which is more
particularly described in Exhibit "8" attached hereto and by this
reference incorporated herein (the "Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "Parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepared to convey to Grantee, certain easements for se
access, ingress and egress, landscaping and view over and across
the Servient Tenement for the benefit of the Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions hereinafter set
forth, and for other good and valuable consideration, the rac-ipt
and sufficiency of whic)' are hereby acknowledged, the parties
hereby agree as follows:
Rl/899/2ROR/N9280-002/0/-18-90/mfg
October 17,2019
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I. Easements_Cpa_Assess, _ingress. Earess_a_nd_Yirls•
(a) Grants of Eassmatnt. Grantor hereby grants to
Grantee perpetual, exclusive easements and rights-oE-way, and
incidents thereto, for the benefit of and appurtenant to the
Dominant Tenement over such portions of the Servient Tenement
and for such purposes as are more particularly set forth
below_ The easements granted hereinbelow shall be referred
to collectively as the "Easements".
(i) Access Easement. An easement ("Access
Easement") for the purposes of pedestrian access,
ingress and egress over, under and across that portion
of the Servient Tenement as is more particularly
described in Exhibit "C" and depicted on Exhibit "C-1"
attached hereto ("Easement Area").
(ii) L.alldscrpe and Improvement Easement. An
easement over, under and across the Easement Area
("Landscape and Improvement Easement") for the purposes
of installation, maintenance, replacement, alteration
and restoration of landscaping and improvements,
structures and/or appurtenances within the Easement
Area, including, but not limited to, benches, fountains,
sprinklers, pipes, trellises, fences, stairs, a
s rellite dish, or a gazebo or similar structures
(collectively, "Improvements").
(iii) View Easement. An easemc:_ ("View
Easement") for the purposes of light, air and view into,
through, over and above the Air Space, as defined in
Paragraph 3 hereof.
2. Maintenance. All costs and expenses associated
with the maintenance, restoration, repair, cleaning or
landscaping of the Easement Area and the Improvements, as
applicable, shall be borne by Grantee.
3. Covenant Regarding Airspace. Grantor hereby
represents, warrants and covenants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
on the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction"), to a height in excess
of*forty.eighty-nine ft. ( 40.89 ) feet ("Height Limit-), as
measured from the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
referred to herein as the "Air Space." Any obstruction existing
or located on the Property in violation of the terms and
*not to exceed existing roof
of approximately 40.89' above mean 2-
sea level. -
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October 17,2019
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conditions of this Paragraph 3 shall be an unauthorized
interference with Grantee's View Easement and shall be removed
immediately by Grantor on demand at Grantor's sole cost and
expense. The failure of Grantee to require the removal of an
Obstruction shall in no way be deemed a waiver of Grantee's right
to require such removal.
4. $tdn Ki_�tMe Land. The obligations, rights and
restrictions set forth in this Agreement with respect to each
Parcel and the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be binding upon the parties hereto and their successors and
assigns. Every individual or entity who now or hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thrreof is and shall be conclusively deemed to have
consented and agreed to every obligation or restriction provided
for herein, whether or not any reference to this instrument is
contained in the instrument by which such individual or entity
acquired an interest in the Parcel.
5. Dedication. The provisions of this Agreement shall
not be deemed to constitute a dedication for public use nor
create any rights in the general public.
6. Attorneys• ewes. In the event either party hereto,
or their c_rressors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
default of, or any other action arising out of, this Agreement or
the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, in addition to any other damages or relief awarded.
7. General Provisions.
(a) Any provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
(d) This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
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(a) This Agreement supersedes any prior
agreements, negotiations and communications, oral or written,
and contains the entire agreement between the parties hereto
with respect to the sub, ct matter hereof. This Agreement
may not be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official Records , ' Orange County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(g) The parties hereto agree that if there are any
mortgages or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) or deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
of Exhibit 'D" attached hereto.
(h) All exhibits attached to this Agreement are
hereby incorporated by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Aoreement to be executed upon the date and year first above
written.
"Grantor"
LLY YAP CALCAR
YV E VAN CALCAR
G/
NA N
"Grantee"
HAR,,rr LD G. 1 �V/D��E,qp�' .
/JIr4M'R-�. f'r'r'!"E "
SHARON RELLY WOO S
_q_
RI/B992RBR/M92B0-002/r,7-1a-90/mfg
October 17,2019
aterials Received
ure(PA2019-023)
STATE OF CALIFORNIA )
COUNTY OF Dot— )) as.
1990, before me, the
undersigned, a otary Public in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
we on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
9 GFA SEA BfRNRNARD2n F SFLZ
RY`4Nxafcc mua`' y Notary Public in and Xor said State
67ATE'OF CALIFORNIA )
as.
COUNTY OF Q .}• � ) /
On ShPfJs.,b'.. �] , 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and fo said State
STATE OF CALIFORNIA )
as-
SIf'COUNTY OF ..,�f--^ )
On e.�.( � _, 1990, before me, the
undersigned, a tart' Public in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
- - - - - - - - - - - - - -
GFFICIAL SEAL
BERNARD F sftZ
uorAWMEM-CALIFORNIA Notary Public in and fo aid State
mane NIINi1
MY wmm.aYq(x Om la 1Wa
woa4
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October 17,2019
aterials Received
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STATE OF CALIFORNIA )
/1 ) ss.
[AUNTY OF (; L )
On /,.�..yy �� 1.990, before me, the
undersigned, a Nbtary Public in and for said State, personally
appeared HAROLD G. WOODS, JR., personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instcpent, and
acknowledged to me that he executed the same
E9TXua TAJLLI
WITNESS my hand and official seal.
IJ.y
t.
Notary Public in and for said State
STATE OF CALIFORNIA )
as.
COUNTY OF 4� L _ )
On a '�n/S -/ 1990: before me, the
undersigned,a teary Public in and for said State, personally
appeared SHARON BELLY WOODS, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that she executed the same. _ or.nn R"I
_ Es=TAULLI
WITNESS my hand and official seal. 11 '"p10j
ou ^sum
ellComm a.o.o.Aww 7.1m1
No aty Public in and for said State
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r.p�nL DEai?.i!11t1H_.Qi 4t RVIEN.I TFNEW-T
[To be Supplied]
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" WEST 62.63 FEET;
THENCE
SOUTH 150 00' 17" EAST 79.68 FEET TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE EASTERLY ALONG THE CURVED SOUTHERLY LINE OF SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN HOOK 5905 PAGE
269, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOUTH 640 37' 18" EAST 44.44 FEET, —'.':TEF.LY 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 FEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXHIBIT "A"
R11899/2RBR/R9288-002/07-18-90/R9g
October 17,2019
aterials Received
ure(PA2019-023)
LEyAL DCSCRIPT1011 OF 00M1NANT T;N6MENT
[To be S-ppliedi
PARCEL 1: That portion of Lot -D- of Tract 919, to the City of Newport Beach,
as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Maps, in the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing d..,,ribed ;!,,-
Beginning at a potrt on the Southwesterly line of said Lot D. South 150 00' 17'
East 127.72 feet from the Northwesterly corner of said Lot; thence North 89. 00'
00' East 62.63 feet; thence North 65° 18` 30" East SS feet: thence North 50' '
18' 30" East 84.56 feet to a point in the Northeasterly line of said Let.
PARCEL 2; Lot D of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
ing described line:
Beginning at a point on the Southeasterly line of said Lot December, South ]5"
00' 17" East, 127.72 feet from the Northwesterly corner of said Lot; thence
North 89" 00' 00' East 62.63 feet, thence North 65" 18' 3D' East 55 feet;
thence North 500 18' 30' East 84.56 feet to a point in the Northeasterly line
of said Lot, (said point being distant South 29" 33' 20' East 173.44 feet from
the most northerly corner of said Lot 0.)
ALSO EXCEPT THEREFROM that portion of said Lot D described as follows:
Beginning at a point on the Southwesterly line of said Lot '0' South 15" 00' 17-
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
15" 00' 17' East along the Southwesterly line of said Lot, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bear,,
North 30. 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot 'D' through a central angle of a- 09'
25' a distance of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
34° 45'00' West; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 84. 06' 00' a distance of 141.80 feet; thence leaving
the boundary line of said Lot 10", North 310 23' 004 West 117.85 feet; thence
South 65° 18' 30" West 55.00 feet; thence South 89" 00, 00" West 62.63 feet to
the point of beginning.
EXHIBIT "B"
RI/099/2RBR/W9200-002/01-I6-90/mfg
October 17,2019
aterials Received
ure(PA201 1-023)
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11 O
October 17.2019
aterials Received
ure(PA2019-023)
D9VK-TlON_OF-FAUM N —AREA
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lA
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C-1
RI/899/ZRBRM9280-002/02-18-90/Xfq
October 17,2019
aterials Received
ure(PA2019-023)
�. RECORDING REQUESTED 8Y
SOUTH COAST TITLE COMPANY
90=588075
AECOP.OED IN 6pFICiAL HECUAu3
RECORDING REQUESTED BY nFnPAu+'COUNTY,CALIFORNIA
AND WHEN RECORDED NAIL TO: 2:30
ALLEN, MATKINS, LECK, GAMBLE 6 P.M. NOV G 1990
MALLORY
18400 Von Karmen, Fourth Floor ..pp ,n
Irvine, California 92715 $23.00 Diu- a.SgtawWRECCROER
ATTN: Gary S. Mcl(itterick, Esq. CA
(above Space for Recorder's ase 0"10
Tnh,document fiw,for nacurdina bN'
SouW coast T:ae Company
GRANT OF EASEMENT AGREEMENT mv:m.a."by'"
bee nb]
l\M p.T,rC]L'IG ih aYpCYRpn f V
Y610�l5 q!pCt pn Me 4Me.
This GRANT OF EASEMENT AGREEMENT ("Agreement") is made
as of this 31 day of >++^ust 1990, by and between
MELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual
and MARILYN J. SALENE, an individual (collectively, "Grantor"), p
and ERNESTO CASTRO. an individual ("Grantee"). li
T(
4�, B � CIT A_ L ,4: f
A. Grantor owns that certain real property described
in P*h'b't "A" attached hereto and by this reference incorporated
herein (the "Servient Tenement") .
r:rantee owns that certain real property which is
situated adjacent to the Servient Tenement, which is more
particularly described in Eghihit "B" attached hereto and by this
reference incorporated herein (the 'Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "Parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepared to convey to Grantee, certain easements for
access, ingress and egress, lands��oing and view over and across
the Servient Tenement for the benefit of the Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions hereinafter set
forth, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
RI/940/2RBR/Y9280-002/07-18-90/—i
October 17.2019
aterials Received
ure(PA2019-023)
l
i. Easemeu.b_ —
(a) 011ints of E.ssemeht• Grantor hereby grants co
Grantee perpetual, exclusive easements and rights-of-way, and
incidents thereto, for the benefit of and appurtenant to the
Dominant Tenement over such portions of the Servient Tenement
and for such purposes as are more particularly set forth
below. The easements granted hereinbelow shall be referred
to collectively as the "Easements".
(i) Access Ea�_9ment• An easement ("Access
Easement") for the purposes of pedestrian access,
ingress and egress over, under and across that portion
of the Servient Teneme. is is more particularly
described in Exhibit=G"_ and depicted on Exhibit "GL"
attached hereto ("Easement Area").
(it) Landscape and ImprovtlEent Easement. An
easement over, under and across the Easement Area
("Landscape and Improvement Easement") for the purposes
of installation, maintenance, replacement, alteration
and restoration of landscaping and improvements,
structures and/or appurtenances within the Easement
Area, incl-iding, but not limited to, benches, fountains,
sprinklers, pipes, trellises, fences, stairs, a
satellite dish, or a gazebo or similar structures
(crliecti,aly. "improvements").
(iii) yi we—Eaxement. An easement ("view
Easement") for the purposes of light, air and view into,
through, over and above the s.. .s defined in
Paragraph 3 hereof.
2. Maintenance. All costs and expenses associated
with the maintenanca, restoration, repair, cleaning or
landscaping of the Easement Area and the Improvements, as
applicable, shall be borne by Grantee.
3. Covenant Rggatdinu At I"Ace. Grantor hereby
represents, warrants and covenants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
on the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction"), to a height in excess
otforty.eighty-noe feet ( 40.89 ) feet ("Height Limit'), as
measured f__m the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
*not to exceed existing roof
of approximately 40.89' above
mean sea level.
-2-
RI/9a0/2RBRM9280-002/ai-18-90/—i
October 17,2019
aterials Received
ure(PA2019-023)
referred to herein as the "Air Space." Any Obstruction existing
or located or. the Property in violation of the terms and
conditions of this Paragraph 3 shall be an unauthorized
interference with Grantee's View Easement and shall he removed
immediately by Grantor on demand at Grantor's sole cost and
expense. The failure of Grantee to require the removal of an
Obstruction shall in no way be deemed a waiver of Grantee's right
to require such .emoval.
4. Run With the Land. The obligations, rights and
restrictions set forth in this Agreement with respect to each
Parcel and the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be binding upon the parties hereto and their successors and
assigns. Every individual or entity who now or hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thereof is and shall be conclusively deemed to have
consented and agreed to every obligation or restriction provided
for herein, whether or not any reference to this instrument is
contained in the instrument by which such individual or entity
acquired an interest in the Parcel.
5. Dedicat ien. The provisions of this Agreement shall
not be deemed to constitute a dedication for public use nor
create any rights in the general public.
6. Attorneys' Fees. In the event either party hereto,
or their successors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
default of, or any other action arising out of, this Agreement or
the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, in addition to any other damages or relief awarded.
7. n lG��s.
(a) Any provisions of this I3reement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
-3-
R\/940/200RM 280-002/07-10-90/mi
October 17,2019
aterials Received
ure(PA2019-023)
(d) This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
(a) This Agreement supersedes any prior
agreements, negotiations and communications, oral or written,
and contains the entire agreement between the parties hereto
with respect to the subject matter hereof. This Agreement
may not be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official Records of Oranga County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(9) The parties hereto agree that if there are any
mortgages or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) or deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
of Exhibit "O" attached hereto.
(h) All exhibits attached to this Agreement are
hereby incorporated by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed upon the date and year first above
written.
"Grantor" AY4 M.
11
ELLY V R
w CsQt.�/
ONNE VAN CALC`AARR^'''''�,
WAR I LY, d 6,SKEENE
"Grantee" 2G
L::NESTO CASTRO
-4-
R 1/940MBR/N9280-002/01-18-90hm1
October 17,2019
aterials Received
ure(PA2019-023)
STATE OF CALIFORNIA 1
as.
COUNTY OF _ )
On __arty yU 1990, before me, the
undersigned, a otary P•lbllc in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within Instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
UfFICIAL SEAL ^
BEONARp F SEA -
o a0'RP'JCLIC•CAL60RN!A _
mam Notary Public in a for said State
W mmm.wpim OR la law no
STATE OF CALIFORNIA )
R�— ss.
COUNTY OF f !! � )
On ���1,.a,/fn..ba--ai— A yU_, 1990, before me, the
undersigned, a Rotary Publid in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me !or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and r said State
STATE OF CALIFORNIA )
as.
COUNTY OF
On .fllfls J�a'`I /� / 1990, before me, the
undersigned, a4kotary Pu lic in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
lih'FICIAL SEAL Notary Public in and fo aid State
BERNARD F SELZ
J�1(1( � nOTAKI o-VRl1C-<A4r9Rxlp
,I ORNmE�IIRIY
d 6ry ramm.ellei,n OCT I8.1992
-5-
RI/940/2RBRM9280-002/01-18-90/Rmi
October 17,2019
aterials Received
ure(PA2019-023)
STATE OF CALIFORNIA )
/,��.���/j�' � Sa.
COUNTY OF f )
On �� 1440, before me, the
undersigned, a N 8Cy Public in and for said State, personally
appeared ERNESTO CASTRO, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the some.
WITNESS my hand and official seal.
Notary'Public in and for said State
ECZZiWL54L
n TAULL1
QP UP J
Gac C,T GR Jun.e.
].IC31
-6-
RI/940/2RBR/V92a0-002/07-1a-90/.i
October 17,2019
aterials Received
Mmm"Iure(PA2019-023)
; 'xdE�AI- DE:zCRIPTION_QF_SERVIENT TENEMENT
[To be Supplied)
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" WEST 62.63 FEET; THENCE
SOUTH 150 00' 17" EAST 79.68 FEET TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE EASTERLY ALONG THE CURVED SOUTHERLY LINE OF SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN BOOK 5905 PAGE
269, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOUTH 640 37' 18" EAST 44.44 FEET, EASTERLY 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 FEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECCRDER OF
SAID COUNTY.
EXHIBIT "A"
RI/940/2RBR/R9280-002/07-18-901-i
October 17,2019
aterials Received
ure(PA2019-023)
&EGAI�_0E.&Clt!RTLON. OF ODBIH&UT_TENBMEN
(To be Supplied)
PARCEL 1: That portion of Lot '0' of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Maps, in the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing described tine:
Beginning at a point on the Southwesterly line of said Lot D. South 15. DO- 17'
East 127.72 feet from the Northwesterly corner of said Lot; thence North 89. 00'
00• East 62.63 feet; thence North 65' 18' 30" East 55 feet; thence North 50'
18' 30' East 84.56 feet to a point in the Northeasterly line of said Lot.
PARCEL 2: Lot 0 of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
ing described line:
Beginning at a point on the Southeasterly line of said Lot December, South 15'
00' 17' East, 127.72 feet from the Northwesterly corner of said Lot; thence !
North 89' DO, 00' East 62.63 feet, thence North 65. 18' 30' East 55 feet;
thence North 50. 18' 30' East 84.56 feet to a point in the Northeasterly line
of said Lot, /said point being distant South 29. 33' 20" East 173.44 feet from
the most northerly corner of said Lot D.)
ALSO EXCEPT THEREFROM that portion of said Lot D described as follows:
4
Beginning at a point on the Southwesterly line of said Lot 'D' South 15. 00' 17•
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
15' 00' 17' East along the Southwesterly line of said Lot, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bears
North 30° 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot 'D' through a central angle of 4. 09,
25' a distance of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
34. 45'00' Nest; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 84. 06' 00' a distance of 141.80 feet; thence leaving
the boundary line of said Lot •D•, North 31' 23' 001 Nest 117.86 feet; thence
South 65. 1B' 30• Nest 55.00 feet; thence South 89. 00' 001 Nest 62.63 feet to
the point of beginning.
EXHIBIT "B"
R V0d0/2RRR/u9280-002/0I-�8-90/mmi
October 17,2019
aterials Received
ure(PA2019-023)
•W::cr�6 _
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Planning Commission-October 17,2019
Item No.2c Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
From: Jed Robinson
To: Planning Commissioners;Junis.Seimone;Nova,Makana;Campbell,Jim
Subject: The Garden Office and Parking Structure(PA2019-023)@ 215 Riverside Avenue
Date: Wednesday,October 16,2019 10:53:46 AM
Newport Heights Improvement Association
P.O. Bog 2823 Newport Beach, CA 92659
new o h .igh lasso .�mail.com
City of Newport Beach
Newport Beach Planning Commission
100 Civic Center Drive
Newport Beach, CA 92660
nla. nningcommissioners&newnortbeachca.gov
October 16,2019
Re: The Garden Office and Parking Structure (PA2019-023) @ 215 Riverside Avenue
Dear Newport Beach Planning Commission,
The Newport Heights Improvement Association [NHIA] met on October 15, 2019 for our Bi-
Annual General Meeting with over half of our membership in attendance. The above
referenced project was discussed as was the proposed restaurant by the same applicant located
across the street at 2902 West Coast Highway. There was a unanimous vote by the
membership to support that both the Parking Structure and Office project at 215 Riverside and
the Future Restaurant project at 2902 West Coast Highway be heard as one project since the
two are integrally related and referenced together multiple times in the application from
Laidlaw Schultz Architects, representing the owner,to the City of Newport Beach Planning
Department.
We sincerely appreciate your consideration in this matter.
Respectfully,
Newport Heights Improvement Association
newportheightsassoc egmail.com
cc: sjuriis&newnortbeachca.gov
mnova&nenortbeachca.gov
jcaJ bellenewnortbeachca.gov
Planning Commission-October 17,2019
Item No.2d Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
From: Hori.Susan
To: Planning Commissioners
Cc: Nova.Makana;Summerhill.Yolanda;Campbell.]im;slaidlaw(allsarchitects.com
Subject: Applicant's Letter to the Planning Commission re 215 Riverside
Date: Wednesday,October 16,2019 4:24:27 PM
Attachments: Plannina Commision Letter dated Oct. 16,2019.odf
Dear Chair Koetting and members of the Planning Commission,
There have been a number of comments (both written and oral) questioning whether the 215
Riverside project should be considered together with another pending application. More recently,
we were also provided a copy of a letter sent to the City by legal counsel for several of the adjacent
homeowners raising issues regarding the City's compliance with CEQA. On behalf of the applicant
for 215 Riverside, we have prepared the attached response to those comments which we hereby
submit to you for your consideration in advance of tomorrow night's hearing on the project. We
thank you for your consideration of these comments.
Susan Hari
Partner
Manatt,Phelps&Phillips, LLP
Park Tower
695 Town Center Drive, 14th Floor
Costa Mesa,CA 92626
D(714)371-2528 F(714)371-2571
SHori0manatt.com
manatt.com
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Planning Commission-October 17,2019
Item No.2d Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
maa Susan K. Hori
a Manatt, Phelps & Phillips, LLP
Direct Dial: (714) 371-2528
E-mail: shori@manatt.com
October 16, 2019 Client-Matter: 63060-030
Via B-Mail: planningeommissioners@newportbeachea.gov
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: 215 Riverside Avenue (Coastal Development Permit No. CD2019-003,
Conditional Use Permit No. UP2019-003, and Modification Permit No.
MD2019-003)
Dear Chair Koetting and Commissioners:
This letter is sent on behalf of Laidlaw Schultz, the applicant for the 215 Riverside
Avenue project. We wish to respond to the letter sent to you by Berding Weil, dated October 8,
2019 on behalf of several adjacent homeowners ("Berding Letter").
I. The 21.5 Riverside Project is an Independent, Standalone Project that is Not
":Inextricably:Linked" to a Pending Application for 2902 West Coast
Hiehway.
The Berding Letter begins by revisiting an issue that has been addressed by your
Planning staff, and discussed by the Commission as to whether the commercial building
proposed at 215 Riverside is part of a larger project that consists of a proposed restaurant located
across the street at 2902 West Coast Highway. It is not.
The 215 Riverside project is located in an area that is immediately adjacent to an existing
retail center, The Garden, that is being renovated and redeveloped. The center includes the U.S.
Post Office and the prior post office facility at 191 Riverside that is being redeveloped for
retail/commercial uses. The August 22, 2019 Planning Commission staff reports notes that one
of the functions that the 215 Riverside project could serve—but is not required to do so -- is to
provide off-site parking for the adjacent, existing retail center. Included within that center is an
existing building located at 2902 West Coast Highway that is proposed for future restaurant uses.
Because of the proximity of 215 Riverside to proposed restaurant at 2902 West Coast
Highway, questions have arisen as to whether the two projects should be considered together
because they are part of one project, and to consider them separately as the City is doing,
constitutes "piecemealing." It does not.
695 Town Center Drive,14th Floor,Costa Mesa,California 92626-1924 Telephone: 714.371.2500 Fax: 714.371.2550
Albany I Boston I Chicago I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.C.
Planning Commission-October 17,2019
m.a ncigg Item No.2d Additional Materials Received
77����l The Garden Office and Parking Structure(PA2019-023)
Planning Commission
October 16, 2019
Page 2
"Piecemealing" is a term that arises out of case law involving interpretation of the
California Environmental Quality Act ("CEQA"). To ensure that the totality of all potential
environmental impacts of a project are considered, CEQA discourages "piecemealing" or cutting
up a project into smaller pieces with the goal of minimizing the significance of potential
environmental impacts of a project. Examples cited by the courts include requiring that the
future expansion of a proposed university facility be considered because it was a reasonably
foreseeable consequence of the initial development(Laurel Heights Improvement Association v.
Regents of University of California (1988) 47 Cal.3d 376); or requiring that a county's rezoning
of land be considered together with the subsequent specific development project because the
rezoning was a necessary first step of the future development project which it intended to
consider (City of Carmel-by-the-Sea v. Board of Supervisors (1986) 183 Cal.App.3d 229).
On the other hand, if two projects serve different purposes or can be implemented
independently, the city can review them separately. In Banning Ranch Conservancy v. City o/'
Newport Beach,the court held that the City did not piecemeal its environmental analysis when it
prepared one environmental impact report for the Sunset Ridge Park and a separate
environmental impact report for the Banning Ranch development project even though the
projects were adjacent and would share an access road. The Banning Ranch development was
not a reasonably foreseeable consequence of the park and access road. (Banning Ranch
Conservancy v. City of Newport Beach (2012) 211 Cal.App.4`h 1209.)
Although the 215 Riverside project is across the street from 2902 West Coast Highway,
the proposed restaurant is not a reasonably foreseeable consequence of the office building and
parking lot, Both can operate independently of the other, and one is not a reasonably foreseeable
consequence of the other. A proposal that is related to another project, but has independent
utility and is not necessary for the project to proceed need not be included as part of the project
and may be reviewed as a separate project. (Communities for a Better Environment v. City of
Richmond(2010) 184 Cal.App.4°' 70.) Here, the office building and the restaurant proposal each
have independent utility. If the office building and parking lot were never approved or
constructed, the 2902 West Coast Highway proposal could still proceed to obtain permits and
open for operation. The only link that is being drawn is the possible future use of the parking
spaces at the 215 Riverside building by restaurant patrons.
As the City is well aware, there are many instances where local businesses—in most
situations, restaurants—are required to obtain off-site parking to meet its parking demands.
Many of the restaurants that operate on Mariner's Mile,just a block away from 215 Riverside,
require off-site parking. Those restaurants often enter into agreements with nearby property
owners to utilize their parking lots. The proposed restaurant at 2902 West Coast Highway is no
different and has entered into a memorandum of understanding to lease 35 parking spaces from
the owner of the parking lot located at the southeast corner of Avon Street and Riverside
Avenue, a copy of which was previously transmitted to this Commission. As the City staff
report states, although the parking spaces at 215 Riverside can be used for future tenants and
Planning Commission-October 17,2019
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Planning Commission
October 16, 2019
Page 3
patrons of The Garden shopping center, it can also be made available to other businesses and off-
site uses in the area (such as boat charters or other visitor-service businesses)to address their
parking needs. This is consistent with the current practice for some landowners with surplus
parking, and reflected in the City's own General Plan and Coastal Land Use policies, such as:
LU 6 N 16 Parking and Supporting Facilities,for Waterfront Uses. Explore additional
options for the development and location ofparking and other supporting facilities for
charters, yacht sales, and other waterfront uses. (Imp 16.10)
Imp 16.10Improve Parking Supply and Management. Parking Management Programs
shall be considered for commercial and residential areas of the City with inadequate
parking such as Corona del Mar and the Balboa Peninsula. This may consider the
development ofpublic parking lots or structures, street parking permitting, valet
programs, and similar techniques as feasible. Existing public parking lots should be
evaluated for their accessibility, utilization, and proximity to the uses they support.
Possible relocation should be considered where they do not effectively support
surrounding land uses. . . .
Although the Mariner's Mile area of the City was not identified as an area with
inadequate parking like the Balboa Peninsula, as many residents who have submitted comments
have stated, the availability of street parking in the residential areas is severely compromised and
it goes without saying that additional parking spaces in a structured lot could help relieve the
lack of street parking experienced by the adjacent residential community.
In conclusion, the commercial office building and its parking lot is not inextricably linked
to the application for a future restaurant at 2902 West Coast Highway. The proposed restaurant
is not solely dependent on the construction of the parking lot at 215 Riverside to satisfy its
parking needs. One is not a necessary first step for the other. There are a number of options to
address its parking needs, including other off-site parking lots, which the restaurant applicant has
already pursued in the event the commercial uses at 215 Riverside are not approved by the City
or built in the future.
2. The City's CEQA Determination is Supported by Substantial Evidence in the
Record.
The Berding Letter next takes issue with the City's determination that the 215 Riverside
project is an infill development project, and therefore exempt from CEQA. The CEQA
Guidelines establish 33 classes of projects which are exempt from the requirement to prepare a
negative declaration or environmental impact report, because the State has determined that they
will not have a significant effect on the environment. (14 Cal. Code of Regs. § 15300.) The City
has determined that the 215 Riverside project is exempt from CEQA because it is an infill
development project that satisfies the following 5 criteria set forth in the CEQA Guidelines:
Planning Commission-October 17,2019
Item No.2d Additional Materials Received
Ma n a ft The Garden Office and Parking Structure(PA2019-023)
Planning Commission
October 16, 2019
Page 4
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
(b) The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services:
(14 Cal. Code of Regs. § 15332.)
The August 22, 2019 Staff Report included an Exemption Determination setting out the
facts in support of the City's conclusion that the 215 Riverside project qualifies for the Class 32
infill development exemption. For the reasons discussed below, the Berding Letter's attacks on
the City's CEQA determination are unfounded, unsupported, and inaccurate.
As an initial comment, the letter states that the applicant made the CEQA determination
that the project is exempt. The determination as to whether a project is subject to CEQA or
exempt from CEQA, and what type of environmental documentation is appropriate is a decision
that is made by the city, not the applicant. The applicant is not the lead agency to whom
authority is vested under CEQA to make this determination.
Second, the Berding Letter reiterates its claim that the 215 Riverside project is part of a
larger project that includes the proposed restaurant at 2902 West Coast Highway, and the two
separate applications must be considered and processed together as one project. As discussed
above, the restaurant is not a reasonably foreseeable consequence of the commercial building and
parking lot and vice versa. Both can be developed and operated independent of the other. For
these reasons, the City's decision to process each application separately does not constitute
improper"piecemeal'ng."
Third, the City's analysis of the 215 Riverside project and why it satisfies each of the five
criteria for a Class 32 exemption from CEQA is supported by substantial evidence in the record
before you. That evidence also demonstrates that there is no reasonable possibility the project
will have a significant effect on the environment due to unusual circumstances, or that there are
significant cumulative impacts from successive projects of the same type in the same place over
time.
Planning Commission-October 17,2019
m a n a Item No.2d Additional Materials Received
The Garden Offce and Parking Structure(PA2019-023)
Planning Commission
October 16, 2019
Page 5
a. The 215 Riverside Project is Consistent With Annticable General Plan.
Policies.
The Exemption Determination that accompanied the City's August 22, 2019 Staff Report
reviewed the applicable General Plan policies and identified how the project is consistent with
those policies.
The Berding Letter cites three General Plan policies in an attempt to fault the City's
General Plan consistency determination.
• LUS.2.2Buffering Residential Areas
Require that commercial uses adjoining residential neighborhoods be designed to
be compatible and minimize impacts through such techniques as:
Incorporation of landscape, decorative walls, enclosed trash containers,
downward focused lighting fixtures, and/or comparable buffering elements;
Attractive architectural treatment of elevations facing the residential
neighborhood;
Location of automobile and truck access to prevent impacts on neighborhood
traffic and privacy. (Imp 2.1)
Because the 215 Riverside project includes a parking structure adjacent to residential
development, it is required to obtain a Conditional Use Permit. That entitlement process
provides a mechanism to ensure that the design and siting of the parking is compatible and does
not adversely impact the adjacent residential community. The 215 Riverside project provides a
number of buffering elements, including enhanced landscaping on the slopes adjacent to the
existing residences, partial coverage of the upper level to minimize the amount of surface area
exposure, downward facing lights, and a retaining wall. The project will pull back the proposed
parking area from the footprint of the existing parking lot by removing portions of the existing
retaining wall, and landscaping those areas with vegetation that will screen much of the upper
level of parking. More significantly, the elevation of the proposed upper level is actually lower
than the current elevation of the surface lot, thus further distancing and separating the cars on the
upper level of the parking structure than currently exists.
There is no evidence to support the Berding Letter's claim that the 215 Riverside parking
areas will be used "far more frequently and in a substantially more intrusive manner"than the
current configuration. Currently, there are 17 uncovered,parking spaces provided at the parking
lot which is at a higher elevation and closer to the existing residences than what would be
provided by the proposed 215 Riverside project. With project implementation, the upper level
will have 22 spaces, 5 of which will be located under a lattice covering, and 17 spaces—the same
number of spaces as the current surface parking lot --will be uncovered. These spaces, however,
will be located further away from the property line and will be surrounded by enhanced
landscaping as compared to the existing condition. If used for off-site parking for an existing
Planning Commission-October 17,2019
Item No.2d Additional Materials Received
Ma n a The Garden Office and Parking Structure(PA2019-023)
Planning Commission
October 16,2019
Page 6
commercial enterprise—which the building owner would be entitled to do -- the 17 existing
spaces could be used by any number of restaurant or boat charter patrons and there is no
evidence to support the claim that the 215 Riverside project's use of that lot would be any less or
more intrusive than what could be done under current conditions.
9 L U 6.19 Mariner's Mile.
A corridor that reflects and takes advantage of its location on the Newport Bay
waterfront, supports and respects adjacent residential neighborhoods and
exhibits a quality visual image for travelers on Coast Highway.
The Berding Letter reiterates its allegation that the proposed 215 Riverside project's
parking lot fails to respect the adjoining residences without any consideration of facts that the
proposed upper level of parking with its lattice covering, reduced elevation and enhanced
landscaping will actually provide a much more attractive and compatible parking area than if the
existing lot were re-used to its full capacity.
e CE 7.1.8 Parking Configuration.
Site and design new development to avoid use ofparking configurations or
management programs that are difficult to maintain and enforce.
The Berding Letter's primary concern appears to be the issue of tandem parking which
was originally proposed as being potentially difficult to manage. In response to the concerns
expressed by Chair Koetting, the applicant modified the application to remove the request for
tandem parking. The number of parking spaces has been reduced from 41 to 35 spaces.
b. The,Berding,Letter's Selective Reading of the City's General Plan
Ignores the Policies that Support the Proiect.
The Berding Letter selectively excerpts various General Plan policies while ignoring
policies that both support and encourage the type of use proposed in the 215 Riverside project.
The following policies demonstrate the Project's consistency with the City's General Plan and
the appropriateness of the categorical exemption.
® LU 5.3.6 Parking Adequacy and Location.
Require that adequate parking be provided and is conveniently located to serve
tenants and customers. Set open parking lots back from public streets and
pedestrian ways and screen with buildings, architectural walls, or dense
landscaping. (Imp 2.1)
As discussed above, the parking structure meets all of these design parameters as it is set
back from Avon Street and Riverside Drive, conveniently located to serve the tenants as well as
customers of The Garden, the architectural features are a vast aesthetic improvement over the
Planning Commission-October 17,2019
m a n att Item No 2d Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
Planning Commission
October 16, 2019
Page 7
existing building and providing improvement to the property values in the area, and additional
landscaping both in front of and behind the structure help buffer and soften the appearance of the
building.
• LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses
Explore additional options for the development and location ofparking and other
Supporting facilities for charters, yacht sales, and other waterfront uses. (Imp
16.10)
• CE 7.1.7 Shared Parking Facilities.
Consider allowing shared parking in mixed use and pedestrian oriented areas
throughout the City.
The provision of additional parking in the Mariner's Mile area is consistent with these
two policies that encourage the provision of parking to support the visitor serving uses in this
area.
C. The Proiect Satisfies Criteria (d) and (e) I'or a Class 32 Infill
Development Exemption.
The final two criteria for use of the Class 32 Infill Development exemption are as
follows:
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
As part of its application, the applicant submitted traffic and noise studies, a view
analysis, as well as sewer and water demand studies as requested by the City. The traffic study
concluded that the project would not generate any significant traffic impacts on the existing
street network. Given the limited number of vehicle trips generated by the project which is the
major source of air pollutant emissions, and the requirement that the project comply with all
applicable South Coast Air Quality Management District rules and regulations, such as watering
the site to minimize dust during construction,the City concluded that the project would not result
in any significant effects related to air quality.
For the reasons discussed previously, the 215 Riverside project is not part of a larger
project and the traffic study scope which limited its analysis to trips from the proposed 215
Riverside project was appropriate. It should also be remembered that the operation of The
Garden retail site is considered part of the existing background in terms of traffic and that the
Planning Commission-October 17,2019
maaft Item No.2d Additional Materials Received
III�101 �Ilf� The Garden Office and Parking Structure(PA2019-023)
Planning Commission
October 16, 2019
Page 8
assumptions used for The Garden assumed full occupation of the retail space, including the
building at 2902 West Coast Highway.
A noise study was also prepared that examined the potential noise that would be
generated by the proposed project including use of the parking areas during the evening. The
study applied the City's day time and night time noise standards to the noise that was estimated
to be emitted from project operations, including use of the parking lot during the evening, and
concluded that there were no significant noise impacts. Although many of the comments
received on the project from nearby residents expressed concerns regarding noise, it is important
to take into consideration the fact that the 215 Riverside project site is within an area that is
already exposed to high levels of ambient noise due to the volume of traffic on both Riverside
Avenue and West Coast Highway. Moreover, the design of the project helps reduce the potential
noise impacts from cars in the parking lot. For example, the proposed upper level of parking is
approximately 7-8 feet below the elevation of the existing parking lot. The lower elevation of
the parking area helps reduce the noise from cars using that upper level of parking.
With respect to water quality, the project will comply with the required Best Management
Practices (BMPs") set forth in the required Water Quality Management Plan ("WQMP") which
has been reviewed by the City. Compliance with the required regulations and requirements of
the WQMP avoids any significant water quality impacts. Lastly,while not a water quality issue,
the City also examined the presence of a wetland area to the west of the project site that is
present at the base of the slope that ends at Avon Street. The wetland area has been substantially
disturbed by the construction of staircases on the slope, and street improvements along Avon.
The project does not drain into and will not have any adverse impact on the wetlands. To the
contrary,the project will actually provide a beneficial impact by increasing the open space area
between the wetland area and new retaining wall for the proposed project; a conclusion
supported by the study prepared by the City's wetland consultant, Glenn Lukos Associates.
Although not one of the impacts areas identified in subsection (d) of the Class 32
exemption, the applicant also provided a view analysis of the project from the park on Cliff
Drive. As the commercial building is reduced in size as compared to the existing structure, and
the parking area will actually be 7-8 feet lower in elevation as compared to the existing surface
parking lot, there will be no impact on existing views. With respect to concerns expressed about
impacts from car headlights on the upper level, the applicant also prepared a headlamp beam
spread analysis using the criteria established by the Federal Highway Administration which
shows that light from cars using the upper level of parking will not impact the adjacent
residences but would be shielded in large part by the retaining wall, slope, and landscaping on
the adjacent slope.
Lastly, the project site is an already-developed site that is served by existing utilities and
surrounded by urban development, and thus satisfies the final criteria to use a Class 32
exemption. To ensure that the new building and its demands could be adequately served by the
Planning Commission-October 17,2019
m a n,a,p Item No.2d Additional Materials Received
lY6-ll4f The Garden Office and Parking Structure(PA2019-023)
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City, a sewer and water demand study was prepared and adequate capacity and water supply was
identified.
In conclusion, the redevelopment of 215 Riverside is the textbook example of infill
development and the City's determination that it is exempt under the Class 32 exemption of
CEQA is supported by substantial evidence in the record. It is an already-developed site,
surrounded by urban uses, and served by existing improvements and utilities. The project is
consistent with the City's General Plan and zoning, and all relevant policies, and will not have
any significant impacts on the environment.
3. There are no "Unusual Circumstances" that would Preclude Use of the Infill
Development C> OA Exemption.
The project does not present "unusual circumstances"that create significant
environmental impacts. A commercial building and parking lot currently exist on site. The
existing building and parking lot will be replaced by a new project that consists of the same
combination of uses. The traffic and noise from a 35 space parking lot was fully analyzed and
no impacts were identified. The replacement of an existing structure for the same use does not
represent "unusual circumstances" and certainly not a circumstance that presents significant
impacts.
The Berding Letter identifies the requirement to obtain a Conditional Use Permit as
evidence of"unusual circumstances." The fact that the City has in its ordinance a mechanism by
which parking can be permitted adjacent to residential areas demonstrates that the juxtaposition
of these two uses occurs with sufficient frequency in the City as to warrant a provision in the
City's Municipal Code setting forth the manner in which these projects are to be examined.
Moreover, even if this structure were not adjacent to the residences, it would still require
discretionary approvals because of its location within the coastal zone. The Berding Letter
implies that only the proximity to residential uses trigger a discretionary approval and therefore,
it should be considered "unusual." To the contrary, the City's Code contemplates the need for
the City to examine the appropriateness of these two uses being developed adjacent to each
other, and regardless of the CUP requirement, the project would require discretionary approvals
from the City.
4. Conclusion.
In conclusion, there is no basis for the City to require that consideration of the 215
Riverside project be held until the application for 2902 West Coast Highway is deemed complete
and staff has completed its analysis. The projects are independent of each other and the City has
not improperly piecemealed the applications. The City's CEQA determination is supported by
substantial evidence in the record demonstrating that the project is an infill development that is
Planning Commission-October 17,2019
m a n att The Garden Item No 2d Additional Materials Received
Office and Parking Structure(PA2019-023)
Planning Commission
October 16, 2019
Page 10
exempt from CEQA. We appreciate your consideration of the information and analysis provided
in this letter and request your approval of the 215 Riverside project.
Very truly yours,
Susan K. Hori
Cc via email: James Campbell, Deputy Director
Makana Nova, Associate Planner
Yolanda Sutmnerhill, Assistant City Attorney
Scott Laidlaw
325338771.1
Planning Commission-October 17,2019
Item No.2d Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
October 14, 2019
Dear Planning Commission Members and City Council:
First of all I agree with all of the findings and requests in the letter of Berding &
Weil Attorneys at Law which was sent to the Newport Beach Planning
Commission on October 8 regarding The Garden Office and Parking Structure
Proposed Project on Riverside Drive.
Of most importance is that the Applicant has separated the proposed project at
215 Riverside from its proposed restaurant project across the street at 2902 West
Coast Highway, the two are integrally related and must be considered as one
project.
Second, there is a lot of false information being propagated by the person of
(Kaitlin Crowley) working for a company by the name of Mobilitie. She and
possibly others have been canvassing the neighborhood with false propaganda
about the project at 215 Riverside and getting unknowledgeable neighbors to
sign letters of approval. My daughter-in-law as well as my neighbors were some
of those posted online.
My daughter-in-law wishes to rescind her signature. She was misinformed.
Our neighbors were not informed that the restaurant had the capacity of at least
200 and only 40 parking spots being provided in the separate structure at 215
Riverside which will not have a roof on it and all of those tires screeching, car
alarms, blasting stereos and drunks hollering will come right up to us, along with
those parking in our neighborhood because they do not want to pay or wait for
valet parking. I can only imagine all of the regurgitating and urinating in our parks
with the steps leading up into our neighborhood, along with vandalism that
occurs when bars are open until 1 AM.
Then the parking structure clean up starts with loud garage sweepers coming in
the middle of the night. Skate boarders and homeless as well graffiti artists!
We were very disturbed when the parking structure at the John Dominis Building
all the way across PCH next to Billy's was built and kept us awake all night. Now
the proposed parking structure will be under our homes, next to our parks and
wetlands, in our neighborhood and under our noses. It is not a healthy choice
and we respectfully request that you deny this parking structure and all future
plans for parking structures along Mariners Mile, as well as roof top bars! We are
raising our families up here and would like to keep some peace in our
neighborhood.
Thank you for your wisdom in this matter,
With gratitude-Val &Tom Carson & Family
J/, ,-i e.,'
` y �66'1'n
Planning Commission-October 17,2019
Item No.2d Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
October 15, 2019
To: Newport Beach Planning Commission and Newport City Council:
Mayor Diane Dixon,
City Council Members, City of Newport Beach
Chair, Peter Koetting,
Planning Commissioners, City of Newport Beach
Dear Mayor Dixon, Chair Koetting, & Commissioners
Due to being given incomplete information I wish to rescind my signature approving the The
Garden Office and Parking Structure Proposed Project. I was told it was a garden setting with
restaurants below and offices above.
I was not told there would be a rooftop bar open until 1 AM nor that the restaurant had the
capacity of at least 200 and only 40 parking spots being provided in the separate structure at
215 Riverside This structure would be encroaching into our neighborhood directly under our
homes, adjacent to wetlands, and parks. I don't feel this is a family oriented idea for our
peaceful neighborhood and not healthy for our children. Parking structures are noisy day and all
night with tires screeching, machines cleaning, skateboarders, vagrants and exhaust pollution.
Plus all the extra people will park on our streets and go through our parks to access the
restaurant. I was hoping for a small child friendly place I could walk to with my children not a
tourist attraction.
Respectfully, I ask the Planing Commission to not approve the proposed redevelopment of 215
Riverside. We'd like to keep the peace and well-being of our neighborhood, Newport heights.
Planning Commission-October 17,2019
Item No.2d Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
the 6arJen
Mayne Diane Dixon commuNny
tblixap3'lmwp.+rtbeachca.gnr 0EV"wARM
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Subject:21$RismWe
fkm trtaY«Dtxm,Chair Kntlting.@ Conmixxi«tern,
I currently reside in ore bouaifui city o(Neopun f)aach,close w the proposed rcyM;vciepmptl of 215
Ri""W.which is presently before theC«nmixskax. I an suptxming this pnsjest as h nebsorx the mus
lnal c, lc of the existing structure.adds landw ingwhem nmecwtemly exiccs,increases the eity`s
adjacent parklaw by rematng existing mrnwchmemaatrd conhvms to all city,zoning requirements
(height.Ko"k.M).
Additionally,I am highly appu a rw uffNc&kW pa&ingcopac ythat is planned thrthisdewlof mein
taacconstmdatn cankers that currently park at the heights. It is a reyumihle tkxiskm r«theCry ru
suptxm n pnrpttf thm inenaaes Ihx paekingayvply in this sea aml ratutea dansiy.
The indes drtcktprncnt is beautiful,and thic structure has been carefully desigm+d net to WTutfh¢
vireo of residrms oW the added bmiscape pu mcw mat"a h+dfer bomoco human mid the strooure.
i think highly ofthis devehgxnem tdilrrml;qualiy materials wenharcc theaaatheticc of thewinmercial
area.
Kespoctfully,i ask the FNanningC«mmissdtn to appnnnthe pnKmsni m-devclopnsem of 215 ltnersak.
5imerely.
Norma 1�1E'....�wd1 ..SC✓1_.__.._.._._._.._,.—._,.___._,...,...�...._..._...,
City.Mae.
Email
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Planning Commission-October 17,2019
Item No.2e Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
LSL rcr,itects
LAIDLAW SCHULTZ
3111 Second Avenue Corona del Mar,CA 92625-2322 T:(949)645-9982 F:(949)645-9554 W:LSarchitects.com
October 16, 2019
Newport Beach Planning Commissioners
Makana Nova, Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Coastal Development Permit No. CD2019-3 (PA2019-23), 215 Riverside Avenue;
Community Outreach to Adjacent Homeowners
As the applicant for the 215 Riverside Avenue project, we recognize and
appreciate the importance of outreach to the surrounding community to
ensure that accurate information regarding the proposed project is provided
and that all members of the public are provided with an opportunity to ask
questions and have their concerns addressed. The following summarizes the
community outreach activities that w4ere undertaken by the applicant for this
project.
Our first community outreach event was an open house that was held on July
19, 2019 from 8:30 a.m. and 10:30 a.m. Property owners of the properties
adjacent to the project site were invited to meet the applicant and project
team and review renderings of the proposed project at an open house held at
191 Riverside, across the street from the project site. Invitations were mailed to
the names and addresses of all property owners and occupants located within
300' of the exterior boundaries of 215 Riverside. The mailing list was identical to
the list prepared by Susan W. Case, who was contracted to prepare the
mailing list, and submitted to the City for its noticing requirements. Details
regarding the number of attendees, and the comments in support of the
project received at the open house have been previously submitted to the City
for the record.
Because of their proximity to the project site, we also conducted specific
outreach to adjacent homeowners. Hal Woods, the owner of 2919 Cliff Drive,
attended the open house. On September 19, 2019, Kaitlin Crowley on behalf
of the applicant, called upon Stephanie Sitzer, the new owner of 2907 Cliff
Drive, as they had been informed that the sale of that house had just recently
occurred. Ms. Sitzer, or Stefanie Pilalas as she is identified in the
correspondence from Berding Well, dated October 8, 2019, had just recently
Planning Commission-October 17,2019
Item No.2e Additional Materials Received
The Garden Office and Parking Structure(PA2019-023)
closed on the house as she informed the Planning Commission at the
September hearing. Subsequent to the open house, the following adjacent
homeowners were invited for a site tour with me: Hal Woods (2919 Cliff Drive),
Ernest Castro (2910 Cliff Drive), Bruce Choate (2924 Cliff Drive), Stefanie Pilalas
(2907 Cliff Drive), Jack Staub (2911 Cliff Drive) and Jean Watt, co-founder of
SPON. Jean Watt attended a site tour. Ernest Castro scheduled and then
cancelled a site tour. None of the other property owners accepted our
invitation to attend a site tour.
In addition to the open house and direct outreach to the adjacent residents,
we have conducted extensive community outreach and received very
positive feedback for a project that adds parking, is less intense and more
visually attractive than the existing use, and adds to the property tax base of
the city. Furthermore, the property owner has invested significant resources in
quality architecture and construction materials that enhances the values for all
in the area.
Sincerely,
J&�—
Scott Laidlaw
Laidlaw Schultz Architects
Applicant for 215 Riverside
Cc: James Campbell
Seimone Jurjis
Yolanda Summerhill, Esq.
Planning Commission-October 17,2019
Item No.2f Additional Materials Received After Deadline
The Garden Office and Parking Structure(PA2019-023)
m a n att Susan K. HodManatt, Phelps & Phillips, LLP
Direct Dial: (714) 371-2528
E-mail: shori@manatt.com
October 17, 2019 Client-Matter: 63060-030
Via E-Mail: ysummerhill@newportbeachca.gov
Yolanda Summerhill
' Assistant City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Correspondence from Harold Woods,Jr. re 215 Riverside Avenue
(Coastal Development Permit No. CD2019-003, Conditional Use Permit No.
UP2019-003, and Modification Permit No. MD2019-003)
Dear Ms. Summerhill:
This letter is sent on behalf of Laidlaw Schultz,the applicant for the 215 Riverside
Avenue project. We received a copy of the letter from Harold Woods, Jr. and copies of a Grant
of Easement Agreements pertaining to the 215 Riverside Avenue property ("the Property") that
you provided to us.
We have a number of issues regarding the interpretation and enforceability of the
referenced easements; however, it is not the role of the City to enforce private covenants.
Enforcement is up to the private parties and is not subject to the City entitlement process. Our
project is consistent with the General Plan, applicable General Plan policies, zoning and
development standards. Accordingly we request that the City continue to process our application
in accordance with applicable City standards. We assume the risk that the enforcement of the
easements may impact on our ability to develop the Property in accordance with the City
development approvals.
Very truly yours,
Susan K. Hori
Cc via email: Planning Commission
James Campbell, Deputy Director
Makana Nova, Associate Planner
Scott Laidlaw
695 Town Center Drive,14th Floor,Costa Mesa,California 92626-1924 Telephone: 714.371.2500 Fax: 714.371.2550
Albany I Boston I Chicago I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.C.
Planning Commission-October 17,2019
Item No.2f Additional Materials Received After Deadline
The Garden Office and Parking Structure(PA2019-023)
From: TOMLU BAKER
To: Planning Commissioners
Cc: TOMLU BAKER
Subject: Continuance of Garden Parking Structure and Roof Top Restaurant
Date: Thursday,October 17,2019 2:25:52 PM
Planning Commission Chairman,
I request that the Planning Commission hold ajoint hearing of THE GARDEN OFFICE AND STRUCTURE
(PA2019-023) at 215 Riverside and the nearby proposed open roof top restaurant. The cumulative
impacts of the two projects should be studied jointly, instead of piecemealing the projects individually.
Consequently, a continuance is requested so that the projects and associated impacts can be
determined in entirety by the community and specifically by the impacted neighborhood residents.
Impacts associated with the total project include but are not limited to
-Valet/Employee parking
-Roof level parking
-Ingress/Egress from Avon and Riverside Ave near Parks and bike paths heavily used by school children
-City's Parking Management Plan
-Hours and Capacity of Roof Top Restaurant
-Projected increase in alcohol related crimes including drunk driving
-Noise/Lighting of parking structure and restaurant
-CUP required for parking adjacent to quiet Residential Properties
-Detrimental effects to vulnerable Wetlands (California Coastal Commission)
-No smoking area (enforceable) buffering the Wetlands and Cliff Drive Park (designated afire hazard
area) and protection of the public and environment from risks associated to chemical in tobacco smoke
-Notarized parking lease agreements with time duration in yearly decades and consequences if not
renewed
- Restrictions on future development due to any parking agreements
-Increased traffic at project and in the adjacent residential neighborhoods
Tom Baker
Newport Heights
Planning Commission-October 17,2019
Item No.2g Additional Materials Received After Deadline
The Garden Office and Parking Structure(PA2019-023)
From: Jeanne Fobes
To: Planning Commissioners
Subject: Parking structure with roof-top parking; Restaurant with roof-top deck
Date: Thursday,October 17,2019 5:46:38 PM
Dear Commissioners:
In the interest of integrity and justice,we "ask" that these two projects be presented as "One
Whole Project" to our community. That is the true and honest way to address this and
consider this BEFORE even thinking about actually approving it!!!
The cumulative impacts of these projects need to be studied further. What are the planned
hours off operation? What capacity is planned for? Will there be valet services? Employee
parking? What will the noise and view impacts be on Cliff Drive Park? What will the impact
be on traffic coming up and down Riverside to Cliff Drive?
Sincerely, Jeanne Fobes,
Concerned Newport Heights Home-owner
Planning Commission-October 17,2019
Item No.2g Additional Materials Received After Deadline
The Garden Office and Parking Structure(PA2019-023)
From: Kevin Meyers <kevinlmeyers@yahoo.com>
Sent: Friday, October 18, 2019 9:16 AM
To: Planning Commissioners
Cc: Diana Meyers
Subject: Project File No PA2019-023
Planning Commissioners,
I am writing you to raise my concern about this project. I was not able to attend the
meeting last night due to business but wanted to communicate with you.
My concern is the proposed parking and possible roof top deck on the building.
I live on Cliff Drive (2932) and the noise level from current business activities is there
but something this close to residential neighborhoods would be dramatic.
We are in favor of upgrading the area and new business but adding a building so close
with possible noise impact is not something we can support.
Thank you for your time and hearing our concerns
Kevin & Diana Meyers
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17.2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
Continued from August 22, 2019
kk
Project scope changes:
- - ■ Office floor area reduced to 2,744 square feet
r [Iloop,$
■ Tandem parking configuration removed from plans
W Project -
Biological Resources Analysis:
Overview • Considers wetland buffer to proposed project site
Restaurant applicant has identified alternative
parking supply.
Community Development Department- Planning Division 2
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
. ,. - kk
❑ Coastal Development Permit
!!l�Mr - For demolition and project development in the
Coastal Zone
Required ❑ Conditional Use Permit
Entitlements • Parking structure adjacent to residential zone
Community Development Department- Planning Division 3
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
Eating Uphill Residence
' Proposed View ConWr of Periling
• Existing view Corridor of PO g
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Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
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Community Development Department- Planning Division 22
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
General Plan Policies - Mariners' Mile
LU 5.2.2 Buffering Residential Areas
Require that commercial uses adjouung residential neighborhoods be designed to
*rIr be compatible and minimize impacts through such techniques as:
Incorporation of landscape, decorative walls, enclosed trash containers,
; L = ❑ '� downward focused lighting Mures, and/or comparable buffering elements;
��. Attractive architectural treatment of elevations facing the residential
neighborhood;
GPPolicies Location of automobile and truck access to prevent impacts on neighborhood
traffic- and nrivorv- /(rnb 2.1)
LU 6.19
A corridor drat reflects and takes advantage of its location on the Newport Bay waterfront, supports
and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on
Coast Highway.
C E 7.1 .8 Parldng Configuration
Site and design new development to avoid use of parking configurations or
management programs that are difficult to maintain and enforce. (Imp 2.1, 7.1,
8.1)
Community Development Department- Planning Division 23
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
General Plan Policies - Mariners' Mile
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LU 6,1 9.$ Parking
} L t ❑ Require adequate parking and other supporting facilities for charters, yacht sales,
�1 K_ visitor-serving, and ether waterfront uses- (L,2b 2.1,5..1)
LU 6.19.16 Park-ing and Supporting Facilities for Waterfront Uses
MMPolicies Explore additional options for the development and location of parking and other
supporting facilities for charters, yacht sales,and other waterfront uses. (Lj 16.10)
Mariners' Mile Vision and Design
Framework- Mariners' Village Study Area
1 ,35 Implement a comprehensive parking strategy, including preserving on-street
parking, establishing a Mariner's Mile Parking District and encouraging more
common parking lots.
Community Development Department- Planning Division 24
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
1 . Conduct a public hearing
■ Consider public comments
received
r
2 . Consider conditions to alleviate
potential land use conflicts
•
3 . Adopt the draft resolution
approving the proposed
development
Community Development Department- Planning Division 25
Planning Commission-October 17.2019
Item No.2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure(PA2019-023)
Makana Nova
0h�LN�n
Associate Planner,
,o NEWPORT BEACH,
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949-644-3249 9c '
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
2
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
• Use of enhanced architectural finishes and
articulation
• Integration of landscape into the overall design
• " Five " sided approach to design and finishes
• Pedestrian oriented design for both the building
and the parking
• Preserves existing on street parking and
contributes to an overall parking strategy
• Consistent with the principles outlined in the
Mariner's Mile Strategic Vision and Design
Framework
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
Metal Awning
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Landscape
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Brick Detail
215 Riverside Material Palette
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
View from
Riverside
s
View from Avon ;= >
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View from edge
of Park
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
Parking Structure(PA2019-023)
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Superimposed Existing and Proposed Site Plans
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
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Proposed Site Plan
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
_ The Garden Office find Parking Structure(PA2019-023)
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Area of existing encroachments,
paving, retaining walls, and
drainage devices to be removed
& replaced with parkscope
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Encroachment Removal Diagram
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
TECI3NICAL MEMORANDUM
GLENN LUKOS ASSOCIATES
Regulatory Services
PROJECT NUMBER: 05600002RnrE
TO: Gregg Ramirez. Principal Planner, City of Vew'port Beach
Makana Nova, Associate Planner,City of Newport Beach
FROM: 'I ony Bomkamp
DATE: September 23,2019
SUBJECT: 215 Riverside Avenue, Newport Beach: Delineation and Evaluation of
W'ctland within Avon Street Right-of-Way West of Subicet Property
CONCLUSIONS
The Avon Street Wetland is a slope wetland or groundwater fed wetland that has been documented
at this location since at least 1989. The proposed development at 215 Riverside Avenue would
have no potential to affect the wetland directly through dredging, filling, or other alteration. The
proposed development would not affect the functions of the wetland which is located as close as
two feet from Avon Street along its entire length, limiting the wetland functions. The proposed
development has no potential to affect the wetland hydrology, which consists of discharging
groundwater. The proposed project also exhibits no potential to affect hiogeochemical (water
quality) fincuons and would not affect potential habitat functions. Thus, the proposed
development has not potential to adversely affect the Avon Street W ctland.
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
10 t 3F
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Existing Site
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
�\ The Garden Office and Parking Structure(PA2019-023)
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Roof/Site Plan
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
Existing Uphill Residence
Proposed View Corridor of Parking
Existing View Corridor of Parking
View from View from
Residence Pool TerraceMature Height of Proposed Trees
Proposed Landscape Screening
Existing Building
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Existing\ \\ \\ \\ \\ \\ \ I Parking Terraces
Parking View-Shed Section Diagram L:. S[:]rch itects
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
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Height Limit Overlay
GardenItem No.2h Additional Materials Presented At Meeting by Applicant
The Office and Parking Structure(PA2019-023)
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Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
Pool Te e
Retains Wall' `
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Upper Parking v
Lower PoWng L vel M 15,00'
Section at Ramp with Headlight Beam Spread Overlay
Headlamp Beam Spread Diagram
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
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Improved Site-line Diagram
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
Firirliro Slope
T T
\ \ \ \ \ \ \ \ \ \ \ \
\\ \\ \\ \\ \\ \\ \\ Bdtling Retalnlrp Wall a \\ \\ \
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\\ \\ \\ \\ \\ \\ \ Now Ratahlnp Wall
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Lower Parldro Level EL-15.W
Cross Section through Existing Site with Proposed Parking
Planning Commission-October 17,2019
Item No.2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure(PA2019-023)
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