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HomeMy WebLinkAboutC-1248 - Off-Street Parking AgreementJ ... i i I� l� 2j 31 4 51 6i 8I, 9 10'. 111 ill 13; 14 ;! 15I 16 17 18 191 201 Mail to City of Newport Beach boa 920$ „ ; 79 City Clerk RECORDED AT REQUEST Q. City Hall, 3300 Newport Blvd. CITY OF NEWPORT Newport Beach, Calif. 92660 IN OFFICIAL RECORDS OF i ORANGE COUNTY; CALIF. L C8t 9:05 Afv1 FEB 3 1920 J. WYLIE CARLYLE, County Recorder AGREEMENT (Off- Street Parking) THIS AGREEMENT, made and entered into this X297-// day of ",D) /Z .�eRI- , 1970, by and between the CITY OF NEWPORT BEACH, hereinafter called "City," and TIMOTHY N. and CLYTIE P. MEAD, hereinafter called `Owners." and WHEREAS, Owners own certain real property described as: The southwesterly rectangular 30 feet of the northeasterly rectangular 60 feet of Lots 9, 10 and 11 of Block 12 of Balboa Tract; WHEREAS, Owners intend to redevelop said property by constructing thereon an artists' and architects' studio pursuant to Use Permit No. 1452, as approved by the City of Newport Beach Planning Commission on November 6, 1969; and WHEREAS, said Use Permit No. 1452 was approved subject to the condition that the property owners enter into an agreement with the City guaranteeing to furnish off - street parking for two cars in the immediate vicinity of the property; 21 NOW, THEREFORE, IN CONSIDERATION of the action of the 22 "' Planning Commission in approving Use Permit No. 1452 allowing a 1 23', reduction in the off - street parking requirements applicable to the 24"!, above described property, it is agreed as follows: 2511 1. Owners agree to provide two off - street parking spaces 26l on the City -owned parking lot known as the Balboa Lot for the use 27 W 29 30 31I 32' �I •Ii it of the occupants of the building to be constructed on the above described property. 2. Owners agree to pay City an annual fee of Fifteen and no /100 Dollars ($15.00) for the use of each off - street parking space required under this agreement. If the City in subsequent years raises the annual fee charged permit holders for parking -1- 11 2 3; i 41 51 61 7 i 81 91 101 11� 12; 13 14l 15 Mii M 18 19 20, 2111 22' 40 N __ coax 9208 iau 80 on the Balboa Lot, the City may increase the annual fee charged owners by the equivalent amount. 3. For the calendar year 1970 the City will issue to !Owners a transferable parking pass for each required parking space, ,which will entitle the possessor thereof to occupy one parking space Ion the Balboa Lot without charge to the extent that parking space is available at the time use of the parking space is sought. Should City in years subsequent to 1970 discontinue the issuance of parking jpasses for the use of said lot, Owners will continue to pay the lannual fee for the privilege of occupying the required parking !spaces, so long as City shall continue to make said spaces available. 4. To the extent that Owners provide the required off- street parking spaces, or portion of them, at a location approved by the Planning Commission other than the Balboa Lot, the obligation hereby imposed to use the Balboa Lot and to pay an annual fee for such use shall be extinguished, or proportionately reduced. 5. By entering into this agreement, City does not become obligated to continue to maintain the Balboa Lot as a parking lot, and reserves the right to alter the present size, shape or method of operation of said lot; provided, however, that should City cease to make off - street parking spaces available to Owners on the Balboa Lot, Owners have no further obligation for payment or obligation 23i.to provide alternate off - street parking spaces. 24, 6. This agreement shall be binding upon successors of 251 City and Owners and upon execution by the parties this Agreement 26j +shall be recorded at the office of the Recorder of Orange County. 27 28 29 30 31i 3211 it I' I I IN WITNESS WHEREOF, the parties hereto have executed this DOC 3 2 31 4 5 6 7 8 9 10 111 121 I 13 I 141 1 ibll 16I 17 18� 19 20 211 l 22 I 241 I.' 251 26 27 28 29 061 31 THS:eg 32 1/12/70 so BoGK9208 eAU 81 Agreement as of the day and year first above written. AP�PR0 EP AS TO F C1fT—A­t&-jj7 ney CITY OF NEWPORT BEACH, a munic p 1 co oration By: 'ZS Ma 'r 0 144- ATTEST: . City Clerk CITY vwivaic) STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On ` O Jq70 before me, the undersigned, a Notary Public iiV and torJsaid State, personally appeared DOREEN MARSHALL, known to me to be the Mayor, and LAURA LAGIOS, known to me to be the City Clerk of the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municipal corporation therei named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its City Council. _kJNSS..my hand and official seal. l - - Notary Pu tic in an for aid- . .... ...... State STATE OF CALIFORNIA ) SS, COUNTY OF (7)eo9A)C?-C ) On <cc 14, .g7o before me, the undersigned, a Notary Publi n and foer said ate, personally appeared TIMOTHY N. MEAD and CLYTIE P. MEAD, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. -3- o ry P is in and ai State .. .- ;....� .JT. ✓ t. �} u{ 1 -��� lil February 2, 1970 Phi. J. Wylie Carlyle County Rear P. 0. Bone 238 Santa Ana, Cai?fbrnia 92702 Please record the enclosed Off - Street Parking Agreement, data.,', January 280 1970, between the City of Newport Beach and T$ttrthy and Clytie Mead, for two off -stmet par+Irg spaces in the City - awned Balboa Lot, i.r, ax:nection with Use Permit No. 1452. Laura lagies City Clerk enc. ec: City Attorney Planning Dept. Building Dept. LL:swk TO FROM: City Clerk City Attorney CITY OF NEWPORT BEACH CITY ATTORNEY Department DATE Jan. 22, 1970 SUBJECT: Resolution authorizing execution of agreement re off - street parking, Use Permit No. 1452 (Timothy N. and Clytie P. Mead) - i ; Forwarded are copies of a proposed resolution in connection with the above subject. It is requested that this matter be placed on the Council agenda for the meeting of January 26, 1970. Also attached are the original and three copies of the agreement which has been signed by Mr. and Mrs. Mead and is ready for execution on behalf of the City. After the original has been signed, would you please return a xerox copy of it to this office for forwarding to the Meads, per their request. TLW �. SiOUR ra. TULL H. SE OUR City Attorney THS:mh Att. cc: City Manager Planning Director Finance Director February 2, 1970 Timothy N. and Clytie P. Mead 12162 Jentges Avenue, Apt. 33 Garden Grove, California Subject: Contract No. 1267 Enclosed is an executed oopy of agreement between you and the City for two off - street parking spaces in the City's Balboa Lot, in connection with Use Permit No. 1452. Laura Dios City Cleric enc. cc: City Attorney Finance (with copy of agreement) LL:swk F.EStJ XTIOM Eta. 73 24 A RZS QidT UW OF TU CUT COUNCIL Of THE CITY C8 : :;''_ T BRACH ING THE EXECUTION OF AH AG&4L. ifi`1' B9TWEffilfAn CITY OF HRWPWT BEAM aM TDCURY N. AND CLYTIE P. XW IN COMM, CTUM oiITH 077-SWEET PARKING, USE PMMIT NO. 1452 WoABAS, there 's s been presented to the City Council of the ;:W.ty o €.*Nwport Beach a certain agreement bemeem the City oi. Nevport Batch and Timothy N. and Clytie P. stead, in connection with of!- street parking requirements as a condition of Use Permit No. 1452; and WlitEtEAS, the City Coux:cil has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, TMEPORE, BE IT RESOLVED that said agreement for off-street parking is approved, and the Mayor and City Clerk are hereby authorised and directed to execute the some on behalf of the !pity of Newport Beach. OPTEU.this 26th day of January, 1970. yor ATTEST: city ulark THS:mh 1/22/70 SW OF NEWPORT BEA(" November 6, 1969 E- ,r Cc.) COMMISSIONERS 11 10:1�01 > N Chairman Jakosky left the dais during discus- sion of the following item in order to avoid a conflict of interest. Item 3. USE PERMIT Request to allow dancing in conjunction with a restaurant and cocktail lounge. Location: Portion of Block B, Tract 919, located at 2500 West Coast High -. N 5 APPROVED way, north side of West Coast Highway, 200± feet east of Tustin Avenue. Zone: C -1 -H Applicant: Pierino Benigni, Newport Beach Owner: Jakosky Company, Costa Mesa Mr. Frances Ursini represented the.applicant,. who also was present at the meeting. There wa a discussion regarding whether or not Mr. Benigni intended to continue serving food or whether this establishment was to be operated only as a bar. Mr. Benigni indicated that he intended to continue serving food. The application was approved subject to the Motion x following conditions: Second x Ayes 1. Approval to be for a period of Not x x x x 2 years. Voting x 2. The application to be referred back to the Planning Commission if the operation should change to a bar and cocktail lounge only. Mr. Jakosky returned to the dais. Item 4. , USE PERMir Request to allow a residential use combined with a commercial venture in a commercial district. APPROVED Location: Por. Lots 9, 10 and 11, Block 12, Balbod Tract, located at 104 Main_ Street, east side of Main Street ,,. . Page, 3. OW OF NEWPORT BEAC4 Nnvemhar 6. 1QF0 ♦ i COMMISSIONERS v kv3 � o between Balboa Boulevard and East Ocean Front Boulevard. Zone: C -1 Applicant: Timothy N. and Clytie P. Mead, Garden Grove Owner: Same as applicant Mr. Mead was present at the meeting and answer id questions of the Commission, who expressed con cern regarding the lack of off_ street parking on the premises, this being the first applica- tion for extensive remodeling to come before the Commission since the adoption of the "Off- Street Parking Ordinance ". Dr. Alexson, who has just purchased the properly directly to the east for the purpose of re- development, stated he did not favor residents 1 use on the second floor of Mr. Mead's property. After discussion, the application was approved Motion x subject to the condition that the applicant Second x deposit with the City Attorney an agreement, All either with the City or with a pri,vate party, _Ayes guaranteeing off - street parking for two cars., tem 5. SE PERMIl Request to permit four on -site temporary signs and six real estate.flags to serve as identifi- cation and directional signs for the Oakwood 5 ONTINUED Garden Apartments.. NT L 20 Location: Portion of Lot 3, Tract 1136, located at 1700 - 16th Street, northerly side of 16th Street between Sea Gull Lane and Irvine Avenue. Zone: Unclassified Applicant: Oakwood Garden Apartments, Newport Beach Owner: Same as applicant. The application was continued until November 20, Motion x 1969 at the request. of the applicant. Second x All Aye Page 4.. T0: FROM: SUBJECT: Planning Commissitmeting Nov. 6, 1969 Item No. 4 CITY OF NEWPORT BEACH Planning Commission Planning Department Use Permit Application No. 1452 Request to allow a residential use combined with a commercial venture in a commercial district. LOCATION: Portion of Lots 9, 10 and 11, Block 12, Balboa Tract, located at 104 Main Street, east side of Main Street between Balboa Boulevard and East Ocean Front Boulevard. ZONE: C -1 APPLICANT: Timothy N. and Clytie P. Mead, Garden Grove OWNER: Same as applicant Background A similar application (Use Permit No. 1444) was heard by the Planning Commission on August 7, 1969, and denied because the residential and commercial aspects were intermixed. In the present application the residential use is on the second floor and thus separated from the commercial venture. The subject property is located on the east side of Main Street beachward of Balboa Boulevard in the Central Balboa Business District. At present the building is vacant with its most recent use being that of a beer bar. Surrounding land uses consist of similar commercial buildings with several being vacant and in disrepair. Across Main Street is the former Balboa Inn, now being utilized as a private school (Copre School). Dillman's Restaurant is located on the same. side. of Main Street at the corner of Balboa Boulevard. Beachward is the Balboa Pier, a City park and two City -owned public parking lots within 300 feet. There is no evidence of any residential usage on this block; however, under Use Permit No. 1448, a residential use of the second story of an existing building at the southwest corner of Balboa Boulevard and Main Street was approved by the Planning Commission on October 26 1969. Off- street parking is not pro- vided for any of the commercial buildings located on Main Street, with the exception of Dillman's Restaurant, and there is no on- street parking allowed on this portion of Main Street. TO:, Planning Commission - 2. All street improvements including curb, gutter, sidewalk and street lights have been completed. In addition, Main Street has mature street tree growth to enhance. its visual quality. Analysis and Recommendation Section 20.24.030 of the Municipal Code allows residential uses in the C -1 District subject to approval of a use permit. How- ever, the Code makes no distinction between a pure residential use, the use of one entire floor as residential (as recently approved by the Planning Commission under Use Permits No. 1439 and 1448), and use of a floor for combined residential and commercial occupancy: On several occasions the Planning Com- mission has denied applications on the basis that there should be no mixture of residential and commercial uses on the same floor. The subject application requests that the rear portion of the second floor be utilized as living quarters, while the first floor would be devoted to studios for architects and artists.. In addition, there is to be some structural alteration to the building. The roof line is to be raised in order to add a second floor and an atrium or open court. The application also states that this facility would not employ more than ten persons. " Two obvious problems arise in this application: 1. Mixed commercial and residential land usage. 2. Availability of off- street parking. Proper planning practice requires that residential uses within a commercial district should be carefully controlled and only allowed where they are distinctly separate from any commercial uses within the same building. The Balboa-Central Business District is replete with empty commercial buildings and vacant commercial land which, combined with the additional negative effect of older interlaced residential uses on commercial land, give the impression of a blighted downtown area. Staff-feels that a commercial enterprise of this nature would enhance the neighborhood, but it must stand on its own. Secondly, the availability of off - street parking is dritical in this area. There are two public parking lots within 300 feet of this property which could be utilized in any commercial venture. However,.Staff is of the opinion that public off - street parking should not be relied upon for residential development. TO: Planning Commission - 3. Staff would like to point out that the `:antral Balboa Commercial Area is currently the subject of a City Council assigned project. Long -range plans indicate some significant changes in the quality and appearance of this neighborhood, including the development of the beach into a complete and high quality recreational area. Since this application is a step towards improving the overall environment of this area, approval is recommended.. i J'MES E. N ZUM Associate Planner JEN /kk Attachments: Vicinity Map Plans and Elevatiohs .p y RO .y. R -3 � \ A� d' nJ �-J. CY SAY 6 C. \ \ Jo 2 R F-y • C-1 CI C I C'-/ C -/ C/ C h� b• {7 ✓'�\ \\ C 1 C -1 C 1 C d0[t w CI R ` 'r- A! OC!'AN y R-` r R-4 1 iqq _ C C'i BwCCY•40 F N j -r.Rg -e- , ✓�en�r� avr �� Ry / R'! - IF1e- R -3 a R R -I �l B PA_CIP.IC ,... - CEAN