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HomeMy WebLinkAbout09 - Appeal for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) - Memo - PC Additional CorrespondenceMemorandum April 14, 2020 Agenda Item No. 9 CITY OF NEWPORT BE. COMMUNITY DEVELOPMENT DEPARTMEN', 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment To: City Council From: Gregg Ramirez, Principal Planner Date: April 10, 2020 Re: Agenda Item No. 9 — 215 Riverside Avenue (PA2019-023) Attached are additional documents received regarding this matter after the publication of the October 17, 2019 Planning Commission including additional correspondence and presentations made at that hearing. Planning Commission - October 17, 2019 Item No. 2a Additional Materials Received The Garden Office and Parking Structure (PA2019-023) From: David Fults To: Plannino 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 PGH 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 Pianning 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 2I5 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 fi•om 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 tune and effort to make an informed decision with all the information disclosed, including this legally -recorded public document. As, Jr., A.I.A. )f 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 .lames Campbell, Deputy Community Development Director Makana Nova, Associate Planner Peter Koetting, Chair, City of Newport Planning Commission 3500-B W. Lake Center Drive V Santa Ana, California 92704 r (714) 437-0800 ♦ Fax {714J 437-0830 October 17, 2019 !aterials Received ire (PA2019-023) RECORDING R; Q(fESTEA BY SOUTH WASE [IILECOMPANY RECORDING REQUESTED BY OF ORANGE IN CA1. 1;0005 Q OF ORANGE �f?IJNTV. GAL!+'OfaklA AND WHEN RECORDED MAIL T0: a..aa Af,1.EN, MATKINS, LECK, GAMBLE 8, P11. NOV 61990 MALLORY 18900 Vpn Karman, Fourth Floor $23.00 imine, California 927!5 C1Q-° C REC0RUf3't ATTN: Gary S. McKitteriCk, Esq. tA6ove Space For Recorder's Use Only) This document Iliad for retarding by SOU14 Boas: TAC C_n+car,/ as an ;,c_ 7: ci011a' .. ^niy. 'i has not S GRANTEA E ix RZMMT T teen o.am.o as o At erc[4-on or AS to its Ellett an the title. This GRANT OF EASEMENT AGREEMENT ("Agreement") is made as of this 31 day of Au ust , 1990, by and between NELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual v and MARILYN J. SALENE, an individual (collectively, "Grantor"), and RONALD JACKSON, an individual ("Grantee"). A. Grantor owns that certain real property described in Exl>1_t2it "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 S" 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 prepay -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: Rl/gd2/2RBR/W9280-002/07..18-90/mFg October 17, 2019 alerials Received ire (PA2019-023) EasemQllte.,vr Access. Ins b.>�s.--fwssg;;s_ans�yieW. (a) Grants o1.-E—awament• 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 cnllectivwly as the "Easements". (i) r'�CCES�_&a_e[eAt. 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_" and depicted on - attached hereto ("Easement Area"). (ii) Landsl<aoe 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, "Improvement;"), (iii) View Esaement. 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. Maintvw nce• 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 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 *fortv.eighty-nine :t-( 4Q_S9 _ ) 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. R1/942/2RBR/W9280-002/07-18-90/mfg conditions of this Paragraph 3 shall he an unauthorized interference with Grantee's view Easement and stall be removed immediately by Grantor on demand at Grantor's sole cost and expense. The failu.c of C-'ntee to require the removal of an obstruction shall in no way = 3iemed a waiver of Grantee's right to require such removal. 4. RI} Yj.thtti@�apd- The obligations, rights and restrictions set Earth 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 h,•-onclusively deemed to have consented -ld agreed to every obligation or restriction provided for herein. whether or not any reference to !.lis instrument is contained in the instrument by which such individual or entity acquired an interest in the Parcel. 5. bedic;tion. The provisions of this Agreement shall not be deemed to constitute a dedication for public ust 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 Ear 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_ GPn r 1 Pr v' (a) Any provisions cf 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- 91/942/ZRBRIW928C-062/C7-IB-9U/mfg October 17, 2019 !aterials Received ire (PA2019-023) (e) This Agreement supersedes any prior agreements, 1,Rgotiations and communications, oral or written, and contains tre entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement Tay 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. to be recordedeParties hereto shall cause lAgreement intheO,fficialRecordsOfOrangeCounty 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 lKftii "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" "Grantee" R1/942/2RaR/M9280-002/aB-0b-40/mfq NELLY�VCA�L�� ,�ONNE VAN CALCAR -4- October 17, 2019 aterials Received ire (PA2019-023) October 17, 2019 aterials Received ire (PA2019-023) STATE OF CALIFORNIA ) ss_ COUNTY OF ) on 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. _ wrmwvScp hand and official seal. zcsl 'e1 lap �:�„ 'u��nw tw ALMIIW i9R00�J ~J I Y,Nd011irJ • 3'ia(1j v,zis I IDIa9 Notary Public in and el said State STATE OF CALIFORNIA ) } 3s. COUNTY OF } I On �;j 1990, before me, the undersigned, a otary 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. OFP•1CIAL SEAL gyp{ BERNARD F SKZ I 4 ro, nDTARY FURIC - C-LIFDRNIA I, oranse IMUNTY Notary Public in and qr said State 117 comm. 9Rpir03 00 1& !i STATE OF CALIFORNIA ss. COUNTY OF ) On 1990, before me, the undersigned, a Votary 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 t,e 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. ;�f:r•�� Lea - Notary Public in and said State On R11942IZREIR/W9200-002107-18-40/mfg STATE OF CALIFORNIA ) ) ss. COUNTY OF On „ c1 _ 1990, before me, the undersigned, a Notafy Pi7hlic 7,n do d 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 instrumenL, and acknowledged to me that he executed the same. WITNESS my hand and official seal_ Notary Public in and for said State -6- R1/942/2RBR/N9280-002/07-18-90/mfg October 17, 2019 ,aerials Received ire (PA2019-023) rVi '. •,aL ULLI My GFw�6E tou::rr Gomm. W. June 7, 1901 October 17, 2019 ,aerials Received ire (PA2019-023) I a It . d (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 FEE'' TO THE TRUE POINT OF BEGINNING; THENCE NORTH 890 00' 00" WEST 62.63 FEET; THENCE SOUTH 15� 00' I!" FAST 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. ^F OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND, SOu'_i 64" 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 BEGINNINn. 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. FgCHIBIT "A" R l/942/2URN92b0-002/07-IB-90/mfg October 17, 2019 aterials Received gyre (PA2019-023) October 17, 2019 aterials Received ire (PA2019-023) LKuAL DESCRIPTION Qk _'TiXNc ; T: i=moi [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 line: Beginning at a point on the Southwesterly line of said Lot D. South 15" 00' 17' East 127.?2 feet from the Northwesterly corner of said Lot; thence Nor;' a— OU' 00" East 62.63 feet; thence North 651 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 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: Peginnino at a point on the Southeasterly line of said Lot Docember, South 15" DO' 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 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: Beginning at a point on the Southwesterly line of said Lot 'D' South I:;° 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 301 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 41 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 840 06' 00" a distance of 141.80 feet; thence leaving the boundary line of said Lot "D", North 31" 23' 00" West 117.85 feet; thence South 650 18' 30" Nest 55.00 feet; thence South 89° 00' 00' Nest 62.63 feet to the point of beginning. A1/942/2RBR/w9280-862/87-18-90/mfg October 17, 2019 'aterials Received ire (PA2019-023) x orr S141 xDOLLF. 30 EXHIBIT 1' -ASERENI �,tc^ter,. rrry C TMSF PORTIOT.S CF L0.' 'D' OF IRAtr NO 9JP, M INE Clrr W NEWORr SE4CH, C"frl OF 6R4N6E. SLATE CF C+LfFORAVA. 4S 5N0MN C'/ A NAP RCCJRDEC I1000A 33. ASFS 3J TWWON f4 INCLUSIVE OF NI5C&ZAAE0J! NAPS NECQHVS 01 ORAMuk e0' tti 1A4+ MORE P Rr1CULARZY DESCR rlWP AS F044 CMS - EASEMENT FOR PARCEL I OF PARCEL MAP N0- d0-JJ1 - BEGAWIN6 AI W SWRAMFST CORAER DF PARC£1 I OF PARCEL MP IM BB -JIT, IN TFE C1rr OF 0001047 BEACH, C&Nrr OF DRAW, SJA FE OF tAllFS'BMfA. AS SAVW ON A AWP RECaWD I+= BOOM 237, PAGES 35 AAV 36 OF PARCEL HAPS, RECWS OF SAID ORANGE eUMIr. TACNCE $BUrH 15'O0'jT' EASr' A;ONC INE ML'STERL r LINE OF SAID Lot U', A OISTuk'E OF 25. OD rmr, THENCE MORIN I4^59'4J' FAST, At A16NF A'JSLFS TO SAID MF5TENLr LIME. A DISrANi'E OF A -M7 FEEL; THENCE NORTH JS W'T?' .FST, PARA{LFL MIM SAID ME5rFRlr 4JAF, A V;4;IANC( OF 40.00 FEET, RJEWE NORTH 96.24'52' £ASI, A 01STANCE !1F S6- 95 FEFT rO AN 1NIERSECTI00 [RTW T!8 EOVIN- SASIERL r ARM WAFAW OF rW CCMMON M aPERfY LINE OF PARCELS I AMO 2 OF SAID PAPCEL NAP No M-l": rrCNCE MORW 20-121' LEST, ACONG SAID PW4&XATf0N, A DISTANCE OF Tj-43' IO TNF SOUfieP4 r LYVOMN CORNER OF SAM PARCELS I AND 2 OF EAID PARCEL MM, FJEIKF 50UM B9-00'00' NEST, ALONS TNF SOLLTHCR[T LIME OF SAID PARIEL 1, A PISrANCF OF 92-53' TERMIAq!4AW AT Uw POINT OF amwv111G. £ASEM£Nr FOR PARCEL ' OF PARCEL MAP N@. BB-ljI -- 9EOINNIN% AT TIE SOVTHM£Sr CORNER OF PARCEL 2 OF PARCEL NAP ND- BB -111. IN rAe Cfrf OF A M DRf BEAeh. CA'4RTY OF a9M'C.F, STA IF OF CALIFORNIA, A$ $NO[W ON A NAP MOVED IN BM 237, PAGES 35 AW >6 Of PARCEL AMPS, RECORDS OF SAID ORAIF6E COM'JTY. fMWE SOUTH 40.18'11' MEST, ALMS IME SgUrW4LT PROLMUrlOFM RP TNF CaWON PROPERTY LINE OF PARCELS I ANO 2 OF S41D FARM RAP NO, dB-tff. A DISFANCB OF 11.73'; rMEMCE M69rH 4d•2B'52" EAST, A PISTANCF OF 43.03 FEET: THENCE NORTH 5.44'jd' EAST, A DISTANCE M 3J. 02 PEST TD rW SOUTMCASIERLV COPo'ER OF SAfD PARCEL 2 CLF SAID PARCEL RAP M. BB -111; rHEN[E sUrN 65'IB X30' JE5T, ALON6 IfE SWWR" UW OF SAID PARCEL 2. A 12I5T44CE OF 55.90 FEET. IFRNIM4TIRG AT rur PD1Nr ar pumwrw. 5ASEr'EHT COP V4RCF- 4 OF PARCEL MAP NYJ AW -1 dFOIA94IN0 AT rw SLMAREASr camc;^ -- —• z 2 OF PARCFL NAP No 4B-111 TM TNE- C1fr OF ArWVAr B£ACN, COLNFY OF aRANCE, STATE OF CALIFM A, AS SHOMR C: A IMP RFCORO£D M Holt 231, PAGES 35 NO 36; WF PARCEL RMS, MCM05 OP SAID OPANSE COLARTY: THENCE SOURM 31.23'22' EAST. A16WG ME SOUTN4E57ERLY LINE DF PARCEL 4 6F SAID PMCFL MAP NO. BB-JJT, A DISTANCE OF 1IF. 41 FFEr TO RE SOYrN CORAER OF SAW PARCEL 4; THEMCE NORTH 42.45'14' MEST, A DISTANCE OF 95. Do eV F, lHENLF Il M/TM 5.44'16- EAST, A OISMAVE DF 31.02 FEET T MAVATfNG AT NE P;,'I.YT OF 0 LA JTffplr lL a - ,lFFFREY/y NI{ ff L.S. 2955 EXP. G/3D/92. * 1FL �s �r si AF CALIO GEPICTIONkEL Z ENT AREA [To be Supplied] C-1 R1/942/29OR/k9200-002/07-18-90/m(g a�- October 17, 2019 aterials Received ire (PA2019-023) V. s October 17, 2019 'aterials Received ire (PA2019-023) RECORDING REQUESTED BY AND WHEN RECORDED MAIL T0! ALLEN, MATKINS, LECK, GAMBLE & MALLORY 18400 Von Karman, Fourth Floor $19.00Irvine, California 92715 ATTN: Gary S. McKitterick, Esq. C1 RECORtAM REQIIESTED RY SOUTH COAST TITLE COMPANY RECORDED IN OFA 1C!AL RECORDS OF ORANGE COUNW. CALIFOnNIA 2.30 P.M. NOV g 1990 RECORDER (Above Space for Recorder's Use Only) This eo"d ort bled :u rccord.ng by South coast r,t'e C", any GY ba" 7T -OF EASEMENT AGREEMENT as an accammota, a" art!)'. 11 has hat an exam.hed as la its execution w AS to its enact on the iju . p� This GRANT OF EASEMENT AGREEMENT ("Tyrer^ ^t") is made v as of this 31 day of _ AucLust 1990, by and between NELLY VAN CALCAR, an individual, YVONNE VAN CALr'A11, an individual and MA.RILYN J. SALENE, an individual (collecti'-aiy, "Grantor"), and TIMOTHY DAVEY, an individual i"rantee"). R E C 3 I A L E: A. C-antor owns that certain real property described in F_KL. fit "^ :,.cached hereto and by this reference incorporate - herein, tithe "Servient Tenement"). B. Grantee owns that certain real property which is situated adjacent t^ the Servient Tenement, which is more particularly described in Exhibit "H" 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 beneEit of the Dominant Tenement. NOW, THEREFORE, in consideration of the foreqoing recitals and the mutual covenants and conditions ..•_Lci::after set forth, and for other good and valuable consideration, the receipt and sur'' - which _ ht!jeby acknowledged, the parties hereby agree as follows: R1/9a1/ZR9R/N92a0-002/07-TS-90/ef9 1. Grant_ 9( _View_F_,a.,9erment. Grantor hereby grants ' Grantee a perpetual, exclusive easement and incidents thereto for the benefit of and appurtenant to the Dominant Tenement for the tarposes of light, air and •iew ('View F.asen:pnt") into, through, over and abo•c the Air Space, as defined in Paragraph 2 hereof. 2. Ggy_enant Revardina 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 Tene-Gnt; 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*{�,,ejigLiIWnn feet( 40_s9 ) 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 Lar . The obligations, rights and r—t- -rions sec rorth in that. Agreement with respect to i -..c•• c.:_ . and the owner thereof will directly benefit or burden, as applicable, the other Parcel, shall run with each Parcel, and shall be bl.,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 o: portion thereof is and shall ,10 conclusively deemed to have consented and agreed to every obligation or re, .—lividcd for herein, whether or not any referen- - to tI ? . r- rnen, is contained in the instrument by which _uch individual or entity acquired an interest in the Parcel. 4. ie�1,L.7w.i2>1. The provisions of this Agreement shall not be deemed to constitute a dedication for public use nor create any rights in the general public. 5. 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 o. *not to exceed existing roof of approximately 40.89' above mean sea level. -2- R1/941/2RaR/W92e0-002/07-1a-90/mfg October 17, 2019 alerials Received .ire (PA2019-023) 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, ill addition to any other damages or relief awarded. 6 - ireIl.S�.�S��1F3Si1S - (a) Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any othe, provisicn 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 nal he executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one instrument. (e) -his Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties hereto eith r"spect 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 executid 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) of 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. -3- RI/941/2RBR/W9200-D02/0e-18-90/mfg October 17, 2019 aterials Received ire (PA2019-023) October 17, 2019 laterials Received ire (PA2019-023) (h) All-,chibits attached to this Agreement are hereby incorporated jy this reference. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed upon the date and year first above written. "Grantor"-- *NELLYN CALCAR ONtlB VAN CALCAR MAR LYN . "Grantee" TIMOTHY AVEY � -4- R1f347/2RBR/Wg200-002/0T-19-90/mfg STATE OF CALIFORNIA ) ss. COUNTY OF On^ 1990, before me, the undersigned, a otary ?ublic 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. WI NE y hand and official seal. UFFICIAL SEAL a BERNARD ELZ I 'F• n97AfY fNF F CALIFORMA DRAM -JUNTY Notary Rubl:c in and f said State My wmm. explrn WT 19. 1971 i STATE OF CALIFORNIA ) ss. COUNTY OF c ) on a a 1990, before me, the undersigned, a Nbtary 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 ) } ss. COUNTY OF ) On 1990, before me, the undersigned, a ifotaEy 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 BERNARD F SELZ , NOYr.FY Pi15LIC - CALIaZRMA - 3„. QRPNGF CCUHIY My cmr„�, e�pprs 0.S 1$ P.M $11/941/MR/W9Z00-002/07-19-90/mfg official seal. Notary Public in and f said State -5- October 17, 2019 aterials Received ire (PA2019-023) STATE OF CALIFORNIA ) COUNTY OF On 1990, before me, the undersigned, a N tG ary P biic in and fox saij State, personally appeared TIMOTHY DAVEY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the parson whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. _ WITNESS my hand and official seal. *? rNu•ya;,.:,.4.W,., wu:,u CPJrtr: / &4� Comm. up .Noe 7. 10W Notary Public in and for said State -6- R1/941/ZRBR/W92B0-002/07-1&-90/mfg October 17, 2019 iaterials Received ire (PA2019-023) October 17, 2019 aterials Received ire (PA2019-023) LEGAL UER ' PTION OE SERV _���1PI+LEC7� [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 NORTHWE5P CORNER OF SAID LOT,; THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 890 00' 00" Wr.qT a7 az mcpm. TH-114.,. SOUTH 150 00' 17" EAST 79.68 FEET TO THE SOUTHWEST ~CORNER SOF 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 I'uET; THENCE SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. A PORTInN nF cn OF ln r_LWn IS SHOWN ON A MAP FILED IN BOOK 2- PAGE 6 OF RECORDSURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. R11941IMBR/W9280-092/07-18-90/mfg [. a.A& U..SCRJ PT ON 0L D4M1HMT__TENELIENT ]'1'-; 1^ Supplied] PARCEL 1: That portion of Lot "D' of Tract 919, in the City of Newport Beach, as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Flaps, 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 891 00' 00" East 62.53 feet; thence North 651 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 891 00' 00" East 62.63 feet, thence North 65° 18' 30' East 55 feet; thenep Wirth 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; Beginning at a point on the Southwesterly line of said Lot "D" South 151 00' 17" East 127.72 feet from the Northwesterly corner thereof; thence continuing South 151 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" 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 101, North 311 23' 00" 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 "_8" R1/94112RSVW9280-002/07-1,. aJ'Mfq October 17, 2019 aterials Received ire (PA2019-023) RECOWNG REQUESTED BY SOUTH COAST II f LE COMPANY RECORDED IN OFFICIAL RECORDS REGORDIN6 REQUESTED BY OF ORANGE COUNTY. CALIFORNIA AND WHEN RECORDED MAIL TO: 2,30 P.M. Nov 51990 ALLEN, MATKINS, LECK, GAMHLF b MALLORY 18490 Von Karman, Fourth Floor Irvine, California 92715 E$23. 4 Q'` +e«rl�NECORUER ATTN: Gary S. McKitterick, Esq. (above Space far Retnrder's Use Only) rlNs COru[nem filed lar retarding by �OIIl1: C[•:.' 1 t,: � sam�any = ::n .Ictormm�.• nn only. it he•, not G12�P Ni_. Q_AShii� AGREEMENT 1..; ,:I� „ ;u its eKecu6on or " iO It'+ Or:L :1 ort the title. This GRANT OF EASEMENT AGREEMENT ("Agreement") is made as of this 31 day of August , 1990, by and between ` NELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual IVn' and MARILYN J. SALENE, an individual (collectively, "Grantor"), and HAROLD G. WOODS, JR., an individual, and SHARON KELLY WOODS, _( an individual, husband and wife (collectively, "Grantee"). �J RP.CIIAb$: 2N A. Grantor owns that certain real property described in Exhibit "A" attached hereto and by this reference incorporated herein (the "Servient Tenement"). S. 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 preparPrl hn r_.nnvey 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 vpluable consideration, the riw-ipt and sufficiency of whicf. are hereby acknowledged, the parties hereby agree as follows: R7/899/2RBR/w9280-042/07-18-90/mfg October 17, 2019 aterials Received ire (PA2019-023) October 17, 2019 alerials Received ire (PA2019-023) E FRe[Lt�f93...A_C�e5�1 _LSIg«a-s--E9l.ess-an —Yi-e_w- (a) Grants 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) Lmtaa 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 gxhibit "Q-1" attached hereto ("Easement Area"). (ii) U.S dzcja_pi and 1mB;Qvement 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) Vipw Easement. An easem-.=.- 4'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, Q�v in 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 ser%ient 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.-Ahty-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. - R1/899/2ROR/x9280-002/07-18-90/nfg 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. 1?un Wjt�_thV_ L@pd. 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 hkrein, 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. Deification- 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=:-c?ssors 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. 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 provi.bions 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- RI/a99/2RBR/Ng2a0-002/07-16-90/mfg October 17, 2019 !aterials Received ire (PA2019-023) (e) 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 r` 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 t-ust 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 -Q" attached hereto. (h) All exhibits attached to this Agreement are hereby incorporated by this reference. IN WITNESS WHEREOF, the parties hereto have caused this Aqreement to be executed u_oon the date and year first ahnve written. "Grantor"/ LLY IAN CALCAR "Grantee" R1/699/iR6R/N9280-002!47-1�_9p/nFg W SHARON KELLY W006S -4- October 17, 2019 iaterials Received ire (PA2019-023) STATE OF CALIFORNIA � ss. COUNTY OF On 1990, before me, the undersigned, a Votary 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. WITNESS my hand and official seal. GFFICIP.L LZ ;'•�� $CP,tJy+7n F .SESEIZ �Hascf �anr Notary Public in and or said State N' 1 A5y r+.rt•ci ' STATE OFr CALIFORNIA ) ss. COUNTY OF Q_e1*njA--- } On �'�- 1990, before me, the undersigned, a otary 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 fowt said State STATE OF CALIFORNIA ) ) 55. COUNTY OF [ ) On �3 1990, before me, the undersigned, a 9btary 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. OFFICIAL SEAL RERNA'RD F SKZ 1'•• UOTAWPUELC- CALIFORNIA Notary Public in and fo aid State my comm, eiyh[s OCT 9% IM , -5- RI/899/2RBR1W9280-062/07-18.90/mfg October 17, 2019 'aterials Received ire (PA2019-023) STATE Or CALIFORNIA ) ss. COUNTY OF On 1�//cc.-.. `��_ 1.990, before me, the undersigned, a tart' Public in and for said State, personally appeared HAROLD G. WOODS, JR., personally known to me (or proved to rr.e on the basis of satisfactory evidence) to be the person whose name is subscribed to the within inst[ acknowledged to me that he executed the sameopt., 0'1%* SIA, G7n:11.L1 WITNESS my handand official seal. .ormn. C=P. June T. MI Notary Public in and for said State STATE OF CALIFORNIA } ss. COUNTY OF " ) Onr,. J 1990 before me, the undersigned ,tary Public in and for said State, personally appeared SHARON KELLY 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. 1,11.11 TAULLI WITNESS my hand and official seal. ''°"*°"�G"`9°° o�;uc :,.vitt 1/f Com*n. E�V..7unc 7.199t Notary Public in and for said State -6- RI/B99/2RBR/H9260-002/07-F6-90/mfg October 17, 2019 !aterials Received .ire (PA2019-023) October 17, 2019 aterials Received ire (PA2019-023) LtgnL �Ea�R�rablid _ RV�E�F Fl M N [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 nn' 00" WEST 62 63LTHENCE SOUTH 150 00' 17" EAST '79.68 FEET TO THE SOUTH;'M-STCORNER OF SAID LOT; THENCE BASTERL.Y ALONG THE CURRIED SOUTHERLY LINE OF SAIL: 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, " ^TEFJ Y 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. R1/899/2RBR/w92B0-002/07-18-90/a(g LEyAL _UE_*QRIPT QN QF r)QMINANT T N1~MENT lTo by 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 iJ: ,ribed 1'n^ 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 North 89° 00' 00" East 62.53 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 tot. PARCEL 2: Lot 0 of Tract 919, in the City of Newport Beach, as shown on a map retarded 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" DG' 17! East, 127.72 feet from the Northwesterly corner of said Lot; thence North 89" 00' 00" East 62.63 feet, thence North 651 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 0.) ALSO EXCEPT THEREFROM that portion of said Lot 0 described as fol -lows: Beginning at a point on the Southwesterly line Of said Lot 'D" South 15" 00' 17' fast 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 bed.', 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 V 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' 001 a distance of 141.80 feet; thence leaving the boundary line of said Lot 10", North 310 23' 00" West 117.85 feet; thence South 650 181 30" West 55.00 feet; thence South 89" 00' 00" West 62.63 feet to the point Of beginning. EXIJIBIT "B" R1/899/2ROR/u9200-002107-38-90/mf9 October 17, 2019 aterials Received -ire (PA2019-023) October 17, 2019 'aterials Received ire (PA2019-023) Ln.sEr1£h+r Ir<Scarlvlrll� rM65f PORT/ONS DE 407 7u' OT rNACf NO 919. IN IAF Llrr OF NEWPORT REACH. CO_TT O.- mull" 5fifL LK LAL 1F0q /A. AL .VA � ANAP Mr%-DRDFG IN ROCA P➢, PAGE, Ji MiWvOH 1ilhclusl✓E OF MISCti"If" LUPa h1COHl" LF 00"m CJ,Pff r, AM1 MOAT PARIICUL ARL, GESrRTRFO AS EASEMENT FOR PARCTL J OF PARCEL RAP NO 60 -l11 - BFGJA JNG Ar nr SODIRAESr LL44AFR GF PARCEL 1 OF PARCEL µAP MO OB-lll. !.v 1NF Cllr OF mw wr aEACM, COLFnr OF ORAaw. _TAFF OF CAL lF6NNIA, AS SNDLM DN A NAP RFClA70E0 !N BOOK 2JI, PAGES J5 AAO J6 OF PARCEL 4AP5. REC&W OF SA fO OAAMSECOWfr. DENCE SOUTH 15.M 'J/• FAST, A'Ow 1 MMfftr Lf'e OF SAID I0T 'O'. A OISIANCE OF ?5.00 FEET, rrfACF M7.9fM 7+-59'+)' EAST. A Rl6rlr ANSL£S TO SA 10 WSM&r LIALE. A DISrA/AT W 6 00 FEET. TMFNCr 11mm l3'OO'fC' YFSr, PAR41LEZ WIN SATO WE51EN,I LJAAF, A DISTANCE OF JO 00 FEFr, IftWEL NORTH 0S•2B'SP' FAST, A RIS "AWE OF 56.95 FEET TO AN T/FFRSFCfl&J WITH rLf SOLI! EASTERL ✓ PRbLOMOAiIDN (F !If COWON A WFAFr LINF DF PARCELS T AAV ? OF SATO PARCEL MAP NO 00-111. FhEWF A49rH 20•L6'll' WFSF. ALONG SAID RROL&MAT10N, A OISTAZE OF 71-2J' r0 INF SODIAfRLY fo'fff N CORNEA OF SA!D PARCELS l AAO 2 OF SAID PARCEL NAP,- )THEME SOUP 89.00'06' WES 1. Al OMG TlF SaUF ERL r LIME DF SAID PARCEL J. A OISTANCF W " 67' rFRNIN41 rIN6 AT IIE POINr OF BFGIMYING, EASEMENT Fag F.RCEL 2 OF PAP^.'. NAP M 68-f:I BE6'WIA6 AT W SOUfAwFST CaWfi OF PAACFL P OF PARCEL MAP fM. B0 -ill. IN rAE CITY 6F NF`P 49T @EACH, COaVTT bF DRAN6F, SFA lE OF CAI lFORIITA. AS SHOW LPI A MAP AECDAOEO IN BOOK W. PACES JS AND JE DF PARCFE MAPS. RFCaWS OF SAID 69AAKE rMirr, TMEhCE SONTR PO•Id'!I' fSr. ALOIAi p SOurMERLr PROLON6Ar10N OF me CORHO.R PROPER!/ LIVE OA PARLGLS I AAV P Oi SATO PARCEL 1l r 10 s6 -l11. A OISIANCE OF I1 25'; TMENCE WRrN 06'21'57" EASr, A OISIANCE OF A3. 03 FEFr. rr$NLE NORTH S•+A'"" EAS f. A OISIANCE # Jl. OR FEFt r0 rNE SODTAEASIFRL F C0,9'L£R Al SAIL PARCEL 2 OF SAID PARCEL NAP rN 80-111, THENCE SOum 65.10'10' WEST, ALOM6 TME SOWNEA I IPIE OF 5 IO PARCEL Z. A O15r,ACE OF SS 00 FEET, fFANINA rlN6 Ar rAf POIILT W BECIMING. EASEMENT FOR PARCEL A OF PARCEL MAP NO. PO -111 - BE6lM /WI, Ar RLF SONrfAEA5r Li7RMS OF PARCEL P OF PARCEL P•P MLI- M��-MIl��l�. IN THE CI rr OF A$WORr OEACH. CFWfr OF ORANGE, SfA1E OF CA, IFOWIA. AS SO&W ON A RAP NECOADED TN OWK 2JP, PAGES 35 AAO 16 OF PARCEL NAPS. RECORDS OF SAID ORANGE C06PLrr,- THENCE SOUTH 31-03'2z, EAST, AL" ME SODrMMESIMr LINE OF PARCEL A OF SAID PARCEL MAP NO. B8-1111 A DISTANCE OF 117.07 FEET TO rw SWIM COANCR OF SATO PARCEL A, AFIKE A10RW 42.43'24• WFSr, A pISrANCE OF 95. OD FEET, WNCE AMIN 5.44'J6' £ASf, A DISTANCE OF 91, 02 FEE! MCA9ThAA M A TTA POINT OF BE6lowl". ! / y L�/. 6� 9 lRh 8G ! 4 r N � d i JEFJ7vEv A. M!{, Ef. L. S- 7953 EL'P. 0/JO/02 � 2555 F J s 9lf�CAllioQN� - -- -- --- ----- �—P 33 I (`G V is " ^y DET X CTIQH - QF_.EAUMEILT-MZA C-1 Ri/899/ZRBRI419280-002/07-18-90/-Ig October 17, 2019 laterials Received ire (PA2019-023) RECORDING REQUESTED aY SOUTH! COAST TITLE COMPANY RECQADED M C-�H;;-i,l MEcoiZ$ nPru,;E COUt4TV, CALIFORNIA RECORDING REQUESTED BY AND WHEN PFCOHDED MAIL To: 2'30 ALLEN, MATK7 NS , LE[:K , GAMBLE 6 P.M. NOV 61990 MALLORY 18400 Von Karman, fourth Floor Irvine, California 92715 $23.00 4,, 12.t6uwrZRECORDER ATTN: Gary S. McKitterick., Esq. C1 IAhove Space for Recorder's v" nnlxl NJ, document Med to., rocordln$ byl' South Coast Tale carr1pany ns .:n on:Y. It iaa not GRANT QE EiLki5 bion r. •,,.,• ne i ac rn }la execution pr as to n5 Vaet on the title. This GRANT OF EASEMENT AGREEMENT ("Agreement") is made as of this 31 day of Lust_, 1990, by and between FELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual and MARILYN J. SALENE, an individual (collectively, "Grantor"), \? and ERNESTO CASTRO. an individual ("Grantee"). lfl I;FCIIAL5! A. Grantor owns that certain real property described in E1�73� _"A" attached hereto and by this reference incorporated herein (the "Servient Tenement"). D. C:rantee owns that certain real property which is situated adjacent to the Servient Tenement, which is more particularly described in _j4it "D'• attached hereto and by this refer•�nce incorporated herein (the "DominaaL 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•'r�ning 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: N1/940/2RDR/W9280-092107-18-90/m1 M October 17, 2019 'aterials Received ire (PA2019-023) (a) Grants of Eas-em_ent• Grantor hereby grants ro 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 crillectively as the "Easements". ( i ) AS4;_e,%s _Zasement • An easement ( "Access Easement") for the purposes of pedestrian access, ingress and egress over, under and across that portion of the Servient Tenemen" 2s ;.s more particularly described in Exhkb),t" C�' and depicted on Exhibit "C-1" attached hereto ("Easement A.ea"). (ii) tandsrageand lmorovement Easement. An Casement over, under ara 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 (iii) view Easelne-nI. An easement ("view Easement") for the purposes of light, air and view into, through, over and above th- s d defined in Paragraph 3 hereof. Z. 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_ Covertant lieaardyna 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 an 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 oelforty.eig_ty-nine feet ( 40.84 ) feet ("Height Limit"), as measured i_„m the street at the adjacent corner of Riverside Avenue and Avon Street. The vacant air space over the antire Servient Tenement located above the Height Limit shall be *not to exceed existing roof of approximately 40.84' above mean sea level. -2- RI/940/2MR/N92a0-002/07-I8-90/mmi October 17, 2019 !aterials Received ire (PA2019-023) . t referred to herein as the "Air Space." Any Obstruction existing or locatru or, tte property in violation of the terms and 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 cos! 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. ;, filen 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. Decl Lca_t_3Dn. The provisions of this Agreement shall not be deemed to constitute a dedication far public use nor create any rights in the general public. 6. Attorneys' Fega. 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. 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. R1/94012RBRM9280-002/07-1B-90han1 -3- October 17, 2019 laterials Received ire (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 inst,ument. (e) 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 nut 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. (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 $ahibit "n" 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" II&Aq me, ELLY ONNE VAN CALCAR Mk9ILY J E "Grantee" ".:NESTO CASTRO -4- R 1/940/2RBR/W9280-002/07-M-90/VMi October 17, 2019 Ialerials Received ire (PA2019-023) STATE OF CALIFORNIA ) ) ss. COUNTY OF �/ ) On 1990, before me, the undersigned, a Notary 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 tate within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. OFFICIAL SEAL ` BERNARD F SELZ t o OW -Ar n'JBLIC-CALIFORMA -.NGE COUM Notary Public in a for said State MY mr;OL upirn Dci ER, 1992 STATE OF CALIFORNIA ) ) ss. COUNTY OF'^ J On A 7 U , 1990, before me, the undersigned, a otary Pu bli 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. (,T." "'I Notary Public in and r said State 21 r STATE OF CALIFORNIA ) 55. COUNTY OF �_ ) On � 416 , 1990, befcre me, the undersigned, a otary 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 uFFICIAL SEAL BERNARD F SE1.Z � a R eSOTAkY PUBLIC - CALrFORNIA onw c0ulnY ,1 my Tamm. egiras OCT 14 1992 R1/940/2RBR/M9280-082/07-18-90/mri official seal. f1� Notary Public in and faid State -5- October 17, 2019 laterials Received Ire (PA2019-023) STATE OF CALIFORNIA ) ) 55 - COUNTY OF On 4' r said before me, the undersigne[I, a N ary Publ c in and far said State, personally appeared ERNESTO CASTRO, personally known to the (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 ublic in and for said State as�gN,� sic E�7H'cli TAULLt onas;t couacn ,. ne. G.ir..m GD Juna 7. 7P3Y -6- R1/940/2RBR/N9286-OOZ/O7-16-901mmi October 17, 2019 aterials Received re (PA2019-023) LFG_�%SCRIP CIO�_QF,_SERV IEN�_��Y�MF��1 [To be Suppliedl 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 MISCELIANEOUS 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 LUT; 'THENCE EASTERLY ALONG THE CURVED SOU'T'HERLY" 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 REACH, 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 TtIE TRUE POINT OF BEGINNING. A PORTION OF SAID LAPID IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECC:iDER OF SAID COUNTY. U IBIT "A" A1/940/2RBiZ/M9280-002/07-18-901mmi October 17, 2019 aterials Received gyre (PA2019-023) October 17, 2019 aterials Received -ire (PA2019-023) LiiG{tL_ PU. ;R.1 PT'T9N O6. VAMUAiANT__T'8!lirNUj (To be Supplied] PARCEL 1: That purtien Of Lot "D" 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 15" Oo' 17" East 127.72 feet from the Northwesterly corner of said Lot; thence North 891 OD' 00" East 62.63 feet; thence North 65' 18' 30" East 55 feet; thence North 501 18' 30" East 84.56 feet to a point 1n 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 0 lying Northwesterly of the follow- ing described line: Beginning at a point on the Southeasterly line of said Lot December, South 151 00' 17" East, 127.72 feet from the Northwesterly corner of said Lot. thence North 891 00' 00" East 62.63 feet, thence North 651 18' 30' East 55 feet; thence North 501 18' 30" East 64.56 feet to a point in the Northeasterly line of said Lot, ;said point being distant South 291 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: Beginning at a point on the Southwesterly line of said Lot 'D' South 151 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, 79.66 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 301 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 41 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' OD' a distance of 141.80 feet: thence leaving the boundary line of Said Lot 'D', North 31° 23' 00" 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. Rl/940/2RBR/WI)280-002/07-78-90/—i October 17, 2019 !aterials Received ire (PA2019-023) Wl(l SIA9 el: 1r 1n IXN; 111r 'A" fASFRFNT LYMPIP!!ON INOS'T PoRrfONi or 'or 'D' OF rRACr NO 919. JN rNF I Err+ OF WORr MACH. r"',• W OMAxAF, NfArF CF Cal fFORNIA. AS ShO— Crr A M P NF'(pMW I+ 1N So" FY. PAW, JI TAWODGM J4 RK, 05J F rW N1SC1^_Ar?" YAP:. /AFi OMw' Ill ONAMW COLNI V, AIp, NORF, A'ARrIC6%A9l f OFSCRIBFO AS FOLLOIr5 - F,ASFNENT FON PAINCFL r OF PARCEL NAF Ab 69-JII ' WalAWIN& AT Fle SODTAWEST CSM OF PARCEL J OF PARCEL NAP NO. AO-JI1, fit TME CTrY OF NEwmr sEAFR, CawfY OF aRAM6E. STATE OF CALIFORNIA, A5 SMJAW ON A NAP RECOROFD J'N 8aW 237, PAGES 35 AAO J6 OF PARCEL NAPS. RECORDS &c SAIC ORANGE MRITY, R&ME SOWN 15.00'11' EAS,', ALOW THE NESI£R[Y 41NF OF SAID LOT W', A OISTA/KE CF 25 O0 FEET, F01WE /KWTN 14.59'4]" EAST, At PIGMI ANGLES ID SAID NFSIFRL r LIME. A DISTANCE OF 6.00 A'EEF, FRFWF NONrrr 15.00'17- NEST, PAAALLEL NI7M SA IO NFSr£RLC Lh(. A DISTANCE W 10 OG FEF], fWMCF rANTH DS•26 'S2• FAST, A OlSIAr/t[ OF 51.95 FEET TO AN IIAIEM,CEYT!^u NI fN !NE SOr/Tx- EAS rERLY AWLONCM 1.10" OF INE CONYOV PROFERIY LINE OF FARFELS 1 AAL' 2 OF SAJO PARCEL AAP HO 08-111. TN£N£f NORTR 20.1'';1' IIESI 1,. 1111 1111:1 6AT10H, A DISTANCE CF 1J.2J_ 70 TALE SOOTWRLY Cd"M CORNER OF SAID PARCELS 1 AAV 2 OF SAID PARCEL NAP.- rM6H!C SWTN 09.00'00' NEST, AL06 INE StWIWMJr IAf W SA70 PARCEL A OlS7ANCE 'y 67 63 TEAAINAIIAV Ar rW POINT GF DF61~6 CASFNFNr FOR PARCEL 2 ar PARCEL MAP NW. 89-111 - WGIANING AT TNF SONrMIFS7 CORNER OF PARCEL 2 OF PARCEL MAP NO 88-111, IN FAff CITY DF ACNPDAf BFACN. COLLMrY OF LIRAN6E. SPATE OF CAL IFaWfIA, AS SHpwl ON A NAP R£LW10E9 1/I BOO' 231, PAGES J5 AIA 76 OF PARCEL MAPL. R£Ca9QS OF SAIL ORAA.GF COWrr, FMF+CE SOHFM 2O•TA'J1' REST, ALONG THE SG'JTNENLY PNOLON6AT1011 OF TILE COIJYOY PROPFRTr L IM r CF PARCFLS r ANC 7 OF .SATO PARYF/ MAP MO AA-ITJ. A Dr.S7ANCE W lI 2J", rl¢IR'F NORTH 86.20"52" EAST, A OISFANCE OF 43.05 FFET, HENCE NO4TN 5-44'1"' E.ASf, A DISTANCE Cr JI. D2 FFET r0 THE SWrwASrFR1Y CaWIFR OF SAID PARCEL 2 OF SATO PAACEL NAP IA 88-111, NIENCE SOLIrN 65.18 O. WS 7. Al WTME SWTAERL Y ,SIR, OF SAID PARCEL T, A 015! ACE W 55 Da FEFT. TEAMNdf,-.11 AT .rlE' POINT OF OF61MIH6 4ASCALENr FAI PARCEL 4 Or PARCEL AMP NO- 88-lll 6£6IAWING Ar 7AAF SWIJEAST MWR OF PARCEL 2 OF P RCEI MAP AC. 89 -LJ f, !N JW CITY W r F p&vfBEACrr. CWdTr O£ ORAJr6£. STATE W CALIFORNIA, AS SHOW 00 A MAP RECORDED TN IiGYP' 717, PAGES J5 A/O JS 6r PARCEL NAPS. RECORDS OF SAID ORANGE C"rY, M&CE SOUTH J1.2J'22' FAST, ALONG N{ SOUMMESTEALV LINE OF PARCE4 4 W SAID' PARCEL RAP AO. 88-111. A DISTANCE OF J17 87 FEET TO TRE SWTN CaWN OF SAID PARCEL 4. fWWrF mRAH 42.45'24' WSI, A DISIMICF OF 95.60 FEET, THENCE AMIN 5.44'16- EAST, A OISTANCE W JJ.O2 FEET TE, MJwtzw AT PIE PDINT OF BFGIWIW, I / JEFF II. x14 fY, L S- 7955 cap- 6/30/92 * kA kT J Js f 9� / f 01 CALII�Q� FE-PjfTLQNeE. F 6PMSNT hR [Tv he Supplied] C-1 Rl/9a0/2RBR/N928B-OB2/07-18-9B/m.i 9. October 17, 2019 aterials Received ire (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) From: ]ed Robinson To: Plannino Commissioners; ]uriis. 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 ortheightsassoc-.,tzlnail.com City of Newport Beach Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 nlannirnL,commissioners c�?r.newnortbeachea.2ov 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 newnortheightsassoc(d7gmail.com cc: sjuisL&unewportbeachca.gov mnova o.newportbeaclica.gov i eampb ell@newp ortb eachc a. gov Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) From: pori. Susan To: Planning Commissioners Cc: Nova. Makana; Summerhill. Yolanda; Campbell, Jim; slaidlaw(E)lsarchitects.com Subject: Applicant"s Letter to the Planning Commission re 215 Riverside Date: Wednesday, October 16, 2019 4:24:27 PM Attachments: Plannino 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 CFQA. 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 Hod 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 SHori@manatt.com manatt.com CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidentiai Information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering It to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained In or attached to this message is STRICTLY PROHIBITED. If you have received this transmission In error, please immediately notify us by reply email and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you. rnanatt October 16, 2019 Via E -Mail: planningcommissioners@newportbeachea.gov Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Susan K. Hori Manatt, Phelps & Phillips, LLP Direct Dial: (714) 371-2528 E-mail: shori@manatt.com Cl lent -Matter: 63060-030 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"). 1.: The 215 .Riverside Project is an Independent; StAndalone Project that is Not "Inextricably .Linked" to a I ending Application for 2902 West Coast Highway. 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 � Palo Alto I Sacramento I San Francisco I Washington, D.C. Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received an cl The Garden Office and Parking Structure (PA2019-023) Planning Commission October 16, 2019 Page 2 "Piceemealing" 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, CFQA 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 (l 986) 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 of 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"' 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 Ei, vi)•riwhent v. City of Richmond (2010) 184 Cal .App.4'I' 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 rr�au�at� Planning Commission October 16, 2019 Page 3 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) 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 6.19.16 Parking and Supporting Facilities,for Waterfront Uses. Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. (Imp 16.10) Imp 16.10 Improve 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: A-L manau Planning Commission October 16, 2019 Page 4 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) (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 "piceemealing." 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. manatt Planning Commission October 16, 2019 Page 5 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) a. `Tlie 2.15 Riverside Pro'iect is Consistent With Applicable G:cneral 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. • L U 5.2.2 Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to he compatible and minimize impacts through such techniques as: Incorporation of landscape, decorative walls, enclosed trash containers, downwardfocused lightingfixtures, andlor 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 manatt Planning Commission October 16, 2019 Page 6 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) 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. el 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 ]3.crdin .Letter's. Selective Reading of the Ci 's. General Plan Ignores the Politics that Support the Project. 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 manatt Planning Commission October 16, 2019 Page 7 Panning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) 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. L U 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 Project Satisfies Criteria (d) and {e) fora 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 -L -c rna�au Planning Commission October 16, 2019 Page 8 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) 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 dram 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 JLA rr�aa�att Planning Commission October 16, 2019 Page 9 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) 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 CE QA E, xcunption, 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 manatt Planning Commission October 16, 2019 Page 10 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) 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 Summerhill, 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 S 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 pians 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 /SIO 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. Panning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) tkarJen1.e �'. I j- ....: �. .1 1 sirhjawct: 21$ f0vtSwe Ow- Maw D'ixwt. 0PIr Kmaiop& Cwnrrtimi*wis, I currently w0de in our bm,,ifui city of,Nmpm iiCa 1% i. luseto the paapxAd n ek3pnmtt of 215 Rivomide which is prestntlg fwfiue the cc"Tnksicxt. 1 ion supporting this pnsj%1 ae it meduocs the mass srtd $talc of lilt exisiiag strueduxc. adds lareriasuping Wb= M%t rurr % exiwtt, inerrates the city's adjarxntpwklarxt Pep mmo� ing cutting Ltatrtuchn,entsxtd corstboos to nit city renins m4uirenwnts (height, x ureic, tic. . AtWitioau Uy,1 Ain highly appwLWi*,4 vt'ft ad+icxl pa&iog cc p Pty that is pliAned hx thew &%ck4mmvi to awrmmndnte "on that z4wv ttypart: in the heights. 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City of Nc wlxrrt Mach MN brscltca (,9nti. sirhjawct: 21$ f0vtSwe Ow- Maw D'ixwt. 0PIr Kmaiop& Cwnrrtimi*wis, I currently w0de in our bm,,ifui city of,Nmpm iiCa 1% i. luseto the paapxAd n ek3pnmtt of 215 Rivomide which is prestntlg fwfiue the cc"Tnksicxt. 1 ion supporting this pnsj%1 ae it meduocs the mass srtd $talc of lilt exisiiag strueduxc. adds lareriasuping Wb= M%t rurr % exiwtt, inerrates the city's adjarxntpwklarxt Pep mmo� ing cutting Ltatrtuchn,entsxtd corstboos to nit city renins m4uirenwnts (height, x ureic, tic. . AtWitioau Uy,1 Ain highly appwLWi*,4 vt'ft ad+icxl pa&iog cc p Pty that is pliAned hx thew &%ck4mmvi to awrmmndnte "on that z4wv ttypart: in the heights. It it a m4amihlr tkvisAm for the City to wupprnt a pr t that incrtsrsts the parking supply its this nota MJ mtrtcca d"01y. 11e C,ardcst dewl0prrrenl is bmulifuL atttl Shis,sintt7urt Irw Wen cuefutly designed twt ur impact thr Yic%14 of ruWtnts orad ttrc tutdett i st &,•gyp,: ptrirnctetsxraM A b4f'itr bet%Wa htrrnes xxl t tc 3trucwrt. T think hiely ofthis dc+citgxtunt tateirrir%qu®le:y mitarisis tornhamv thr &Mhctlrs of the Lortrrtternlat AMA. ikcspC+tIUly, I w4L tic Ruining C'tummd sicmr t,w appme Ik p otuxed drQ 0 Hoe C .* sincarrdyl Nwriv :>~ctarrts_,.L•���. �G�c.�.���Y��s��t?_.�f+�'__....,-•--�_.�._._,.,._..— i'ety,cwe.21pCod r..��r�i lanae! Rlwne Planning Commission - October 17, 2019 Item No. 2e Additional Materials Received The Garden Office and Parking Structure (PA2019-023) LS� � architects LAIDLAW SCHULTZ 3111 Second Avenue Corona del Mar. CA 92625-2322 T: 1949) 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 a#so 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, Scott Laidlaw Laidlaw Schultz Architects Applicant for 215 Riverside Cc: James Campbell Seimone Jurjis Yolanda Summerhill, Esq, manatt October 17, 2019 Via E -Mail: ysummerhill@newportbeachca.gov Yolanda Summerhill Assistant City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Planning Commission - October 17, 2019 Item No. 2f Additional Materials Received After Deadline The Garden Once and Parking Structure (PA2019-023) Susan K. Hori Manatt, Phelps & Phillips, LLP Direct Dial: (714) 371-2528 E-mail: shori@manatt.com Client -Matter: 63060-030 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. Hod 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.0 Planning Commission - October 17, 2019 Item No. 2t 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 a joint hearing of THE CARDEN 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: Plannina 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) Ion Q4-1 TO iILI Planning Commission Public Hearing October 17, zo3.g 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 ii, zoig Project scope changes: ■ Office floor area reduced to 2,744 square feet ■ Tandem parking configuration removed from plans Biological Resources Analysis: • 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) LJ Coastal Development Permit • For demolition and project development in the Coastal Zone LJ Conditional Use Permit • Parking structure adjacent to residential zone Community Development Department - Planning Division . -204 _4 qk IL II., ., Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) AVON S1RfE7- Community Development Department - Planning Division _1 �onrr[nne.wwro� �recnvesoeim Ii i I 7 z \ r� \ a O �\ i�� F� u+c� sFm ducan -�Zcnr� cm a-�wk. tQetrµw I ' 1 i � O Ij 1 :! rAAWrL3MA First Floor Plan ........ .... 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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) -�iverside eve n u e� Community Development Department - Planning Division 8 - • �-,�-.•- - a, a ,fin., - f i error Elevation (Riverside Avenue) Planning Commission - October 17. 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Community Development Department - Planning Division 10 lr ■who"I AAL tw-w-mvp, - ; Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) P Community Development Department - Planning Division Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Community Development Department - Planning Division feet 12 Planning Commission - October 17. 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) r PARCEL 2 \ ma 737/}5 -PARCEL ]E ' / NNB 737/3'.x36 7"M fffff jr r Lr �ir - PIACLL i - , ' ODA LF X EY .WI�M1S YF.l6 � '^vF yon t UCA AMA orwE ee66. ww ro� �n'Aw M1 Site Plan ,pofm� [xsrG Ww Lot E r . ❑ I� ww: TO /F 4fV&JM MACr ui i FNWOM Z MOM= WWI ,04ai rBf glll 9Il� t o ,�ExffM#G,-------- — - I NNII lfp�l� �NNIN�I IIl11NN illl��� � ` a PFq"Cwwnftwn LAKMOCM AMA pvnnw+e.`r+o—� �� ' ` - - - cmrG cm a-cwu. O Community Development Department - Planning Division 13 View from View from Re9denre Popi Terrace — — s &-\i I ■ I Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) E.Edng Jphd Residence Proposed \New Corridor of Porldng Exdding View Corridor of ParUng molure Height of Proposod 1r$*i / Proposea Landscope Sneering ExhIng %4"ng Propotdd Bung - - - - - - - Community Development Department - Planning Division cC C E*fing Parrdng Terraces -------------- icy rs ti r'� PI sing Commrss�idh tobe :,�F19 iff Drive rark Gr IVY, rti J", ko 45 .42 {� A' f Lf*irf� Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Class 32Exemption- (Infill Development Projects) Supporting Studies: • Biological Resources Analysis • Traffic trip analysis • Noise Study • Water Quality Management Plan (WQMP) • Water/sewer generation study Community Development Department - Planning Division 3.6 4 Plariring Commission - October 17. 2019 e4* Meeting by Staff d Structure (PA2019-023) Community Development Department - Planning Division 17 211 ffrive View #1 a- r 7�1M '74 , ar View # 2 -�� 4l� fip NU ti -�. �' ♦ „� yy Wt 1 ciar View #3 ► �` .Y� r �aiF •;� 74 a 'W �sr�`� I�'. t'en M.S. t. �•�• /&W I \ 41W isua Simulations (Cliff Drive Park) -�`',« � �•, - yep , ` i�� 72 . 1' x 'moi f 11 40 ir ZL "RIP 40 X4 tnl IN ■■ ■■ �- -• �* Citi Planning Commission - October 17. 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Picture #4 from edge of Lawn 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 conunercial uses adjouiing residential neighborhoods be designed to be compatible and miniinize impacts through such tecluniques as: Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; Attractive architectural treatinent of elevations facing the residential neighborhood; Location of automobile and Blick access to prevent impacts on neighborhood traftir acid r)rivarv_ tli)rh 2.1) LU 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay '�vaterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. C E 7.1.8 Parking Configuration Site and desigii ne-,v development to avoid use of parkiiig configurations or management programs that are difficult to maiiitaiii acid enforce. (Lop 2.1, 7.1, 8.1) Community Development Department - Planning Division 23 www1 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 6. 19.5 Parldng Require adequate parking aiid odier supporting facilities for cha tern, yacht sales, visitor -serving, sold other w, atetffont uses- a 2. 1, 3;1) W G. l 9,1 S P,.tfk:�1g and Suppoffing Facilities for' 'ateffront L: ses Esplore additional options for the development and location of parking and other suppoi.-t ng facilities for charters, yacht sales, and other waterfzont uses. (IPS5 16.10) Mariners' Mile Vision and Design Framework- Mariners' Village StudyArea 1.35 Implement a compreher sive parking :strategy, including preserving on -street parking. establishing a Mariner's; Mile Parking District and encouraging more corrin -ion parking lots. *= Community Development Department - Planning Division 24 err ir II. 1A,.0 �0-7 ^ r_ 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 z. Consider conditions to alleviate potential land use conflicts 3. Adopt the draft resolution approving the proposed development Community Development Department - Planning Division 25 W WPORTBEACH , POLICE DEPAR7MEI 1" Planning Commission - October 17. 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) a�o n s, 7x I A�' A \ rE5 Community Development Department - Planning Division 26 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Rendered Vlew from fniersecfion of Avon and Riverside 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 and the parking the build ingy.0 • Preserves existing on street parking and contributes to an overall parking strateg 0 Consistent with the principles outlined in the Mariner's Mile Strategic Vision and Design Framework MW Landscape Metal Awning I Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Glazing 215 Riverside Material Palette Brick Detail :lG �.... cup• �` uva Aw.q wd Mr4nd ==1-_X1lU= Cir." A -*-We oftw a..ftfta r 002% wvdw am s+W9. nom, n *W*11 %W. View from Riverside View from Avon View from edge of Park Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Superimposed Existing and Proposed Site Plans Item No Planning Commission - October 17, 2019 2h Additional Materials Presented At Meeting by Applicant Parking Structure (PA2019-023) Proposed Site Plan PIAUI, de r,�QN %TRM-F Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) ,—I N11 I A IIII 16 Fwt2DY,i----. Z,M n v k W-wk�4 +T" , IE 11111' I - f J. Proposed Site Plan PIAUI, de r,�QN %TRM-F Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) ,—I IIII I - f J. Area of existing encroachments, paving, retaining walls, and drainage devices to be removed & replaced with parkscape Planning CoorOctober1 Item No. 2h Add&onal Materials Presented At Meetirg by Applicant The Garden Office and Parking(PA2019-023) .F I �4 rj11•���i q�j 1� � I y• ei��l ��j � E� rr� � R 1 1 i i e I�1q wl,1�ti� oil.II�I��I Encroachment Removal Diagram I Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) TECHNICAL MEMORANDUM GLENN LU KCS ASSOCIATES IJ'Oryservices PROJECT NUMBER: 05600002RA E TO: Gregg Ramirez. Principal Planner, City of Newport lieach Makana Nova, Associate Planner, City ofNewport Beach FROM: 'Iony Bonikamp DATE: Septennber 2.3, 2019 SUBJECT: 215 Riverside Avcnue. Newport Beach: Delineation and Evaluation of WCLIand within Avon Street Right -of -V4 -ay W'os[ of Suf.icet Property CONCLUSIONS The Avon Street Wetland is a slope wetland or groundwater fed wetland that has been documented at this location since at least 1959. The proposed development at 213 Riverside Avenue would have; no potential to a.fti`t;t the wetland directly through dredging, filling, or other alteration. The proposed development would not affect the functions of the %velland mhich is located us close as mo feet from Avon Street along its entire length, limiting the wetland functions. The proposed development has no potential to affect the uretlarid hydrology, which consists of discharging groundwater. The proposed project also exhibits no potential to affect biogeochemical (water quality) timetions and would not affect potential habitat functions. Thus. the proposed dcvclopmcnt has not. potential to adversely affect the: Avon Street Waland. Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) 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) 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 Upoill Residence Existing Parking Terraces Parking View -Shed Section Diagram %moo L SEIr chitects u.IDLAW SCHULTZ Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) I i ! I I ! xa+.m.euau • I Height limit Overlay WT v� n I I Height limit Overlay *rPff, 1fTi` INSO Air 1 All, , , _. ;-, .i Pool Terrace Existing Grade Elevation @ PL: 47.00' Tap of Wdl P;w, 'r ir Lower Parking LQvel FS', 15.00' 14 af�rimary,{epc71'rc�FiTBe'am` 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) R s owA 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) r � I R filum – c. _ _ it I -F. F40ng Slope EXAng Ill Wall New Retching Wdl Level EL $5.W \ \\ \ \ T\% \ N\\, K\\ \\ \ \ Low Pafto Lwml EL; 16.10 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) ■� i�'\a\ Lt1�a� �a71lS ■■ i■ ■■ ►�1a�aT�aaaaaalaaaaaaatt7 � il_\ti Cross Section through Existing Site with Proposed Parking (E) Finish CWOM I:L, td.50' Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Vr, _.- w - NIL - �-ass.. ��'�-•Y�r�FS�.��� � ����_ l n Rendered RooFbp View across Avon Street - •-may- �. - � �'R"Esc+wrn++'a_MxR'd^'t�fe'r'FlflSlu� - r