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HomeMy WebLinkAbout02_Materials Rec'd at MeetingJackson I DeMarco I Tidus Peckenpaugh A L A W G 0 R F 0 R A T 1 0 N Direct Dial: 949.851.7427 Email: sjackson&dtplamcom Reply To Irvine Office File No: 2294 -00027 Marc A'aLMa Mia J. AN JIM J. Aneaae® July 13, 2006 Craig K. Benin "min 1. aoanW AnbVnv P. seamen Brouby G. BiA. KMVr M. G®ey Paw 0.0 � Via E- Mail - loat.arnesaasheahomes.com T.,W B CH AareRVn D.Caot Jean F. RmeM J. DFelw Mr. Ton . Amest SMIy P, Er z Shea Homes `WWK Fie Southern California Division D.mtl A. Frvaawar Ea.aoJ.Geeaay 603 South Valencia Avenue Mau T. Guty a Brea, CA 92823 Jan D. mye Wien M.M y sMaey E.Hq ,, Re: Proposed 445 Unit Condominium Project, Von Karman and Main F. Soar J,DSm Alamnea P. Rm L.oucc. q . Dear Tony: Aaaane L. Dwgw F Labvn Dwne.Lma+a� We understand that you propose to develop a 445 -unit residential condominium M. LewrHr J L L I project on approximately ten (10) acres at the southeast comer of Von Karman Avenue Jan Satin A.WWI and Main Street in the City of Irvine. You have asked our firm to assist you in MAV<nMeW connection with the concerns expressed by DEFT, a neighboring property owner who Maydo MONIIDZ Shari L. Mann manufactures stains and related paint products. DEFT's stain manufacturing is RuN NB.Milor conducted inside an industrial building ocated approximately 650 feet from the SepNm B. Miaa @ PP al,neda A, Mi. proposed residential project site. RM K Palm TMnue Pedeyauyr Jm, Pme,m DEFT is concerned that, notwithstanding the fact that their manufacturing an"a"l` Pe"` operations were in prior to the development and sale of any residential units, Gnpary P. Retie, P P P eaagM Rea;bm DEFT could potentially be subject to (i) future restrictions on its operations based on Ana'"cSa complaints from residents in your residential project. and /or (ii) lawsuits by residents M G. Seam Jean, K 9o0 seeking to close down DEFT's operations. MtJmlo A. 5W. Sm E strav Alan M.Taw We have represented the owners of a number of residential projects developed slmonuemn near industrial and commercial properties. There are many things that can be done to " W= Inv reduce or eliminate the risks which concern DEFT. Some of these measures are M.J T'.P, described below: eaa van Moaaen Pray vm Rean,em waan.R+ 1. The nature and extent of any industrial or commercial use currently existing or proposed for property within two (2) miles of the residential project, as well 01 Camal JAmv, R. pe "erm L. —P FesNG A Irvine Office 1 Westlake Village Office 2030 Main Street, Suite 1200 2815 Townsgare Road, Wile 200 www jdtplaLv.com Irvine, California 52614 Westlake Village, California 9136: t 949.752.8585 f 949.752.0597 I t 805.230.0023 f 805.230.0087 Mr. Tony Arrest Shea Homes July 13, 2006 Page 2 as the zoning of adjacent property, can be disclosed to initial purchasers in the following documents: (a) The Declaration of Covenants, Conditions, and Restrictions ( "CC &Rs ") recorded against all of the units in the residential project; (b) The Subdivision Public Report issued by the California Department of Real Estate and delivered to each buyer of a unit in the-residential- project; and (c) A separate Disclosure Statement specifically describing the use and its potential impacts on residents of the project. Each such purchaser of a unit in the residential project would sign a written statement acknowledging that such buyer has received, read and understood each of these documents. 2. Development of the residential project can be conditioned upon recordation of a Release and Covenant Not to Sue, which would be signed by each of the buyers of residential units and recorded along with the grant deeds conveying'the units to the purchasers. By signing the Release and Covenant Not to Sue and accepting a grant deed for a unit, each buyer, for himself and his successors and assigns, would: (a) acknowledge the existence of the industrial use, including the environmental impacts of such use such as noise, fumes, etc., (b) release all claims (known or unknown) against the industrial user and the City, and waive all rights under California Civil Code Section 1542, (c) agree not to sue the industrial user or the City with respect to the industrial use so long as such use was in compliance with applicable law, and (d) indemnify the City and the industrial user if guest or other visitor to the unit filed a lawsuit for damaees alleged to result from the lawful industrial use. The recorded Release and Covenant Not to Sue will be a covenant running with the land under Civil Code Section 1468, which is binding on subsequent owners of the unit. 3. A deed restriction can be included in the grant deed of each residential unit requiring the owner to disclose the existence of the industrial use to any subsequent i" f Mr_ Tony-Amest Shea Homes July 13, 2006 Page 3 purchaser of the unit, and to obtain from such purchaser a Release and Covenant Not to Sue. Our experience has been that so long as the potential negative effects of any ' objectionable use in the vicinity of residential project are adequately disclosed to and acknowledged by each buyer, and to downstream owners by recordation bf appropriate documents in the official records of the County, the likelihood that an owner of unit in the residential project will make -a claim-against the operator of the objectionable use, or aga" the City for permitting the continuance of such use, is significantly reduced. Please call me if you have any questions or comments regarding the foregoing. FSJ /plw ar_ae3J Sincerely. F. Scou Jackson Received at meeting 6 -25 -2010 from Allen Beek The aui. -of -scale buildings are guilty of three offenses. These can be avoided with three simple rules: 1. Problem: Front walls turn the street into a canyon. Cure: Second floor setback is one quarter the lot length. Examples: Little old 30x85: 211A 11'/4 past first floor Corona del Mar 30x118: 29'F? 9'/, pass: first noor Baycrest 80x100: 25 5 past first noor 2. Problem: Oppressive height: so high it permits third floors. Cure: Louver the height limit 3 feet to 21 feet average. Max at 25 feet. Limit the one -story portion 8 feet lower, to 13 average, 17 max. 3. Problem: Excessive bulk. Cure: R -1.5 limit, and 40% off excess, for buildable area. Buildable area should be 150% of the area within the setback lines, everywhere in The city. And before being multiplied by 150 %, the area. should be reduced by 40% Of the amount it exeeeds the basic 1680 sgft of the little old 30x85. Resulting buildable: Litde old 30x85: 2520 Enough for a small 6- bedroom home. Corona dcl Mar 30x1 18: 3016.8 Enough for an average 6- bedroom home. Baycrest 80X100: 5013 Enough for a luxury 6- bedroom home. Finally: Don't be afraid to create non - conforming uses. The mistakes that were made in the past must be made non- conforming or they will be repeated in the future. Non - conforming structures can be maintained, and can be remodeled provided the remodel does not create nor increase non- conformity. But the structure must be brought into conformity when the total accum.ulatcd cost of all remodels reaches two - thirds the assessed value of the sLructurc.