HomeMy WebLinkAboutC-1248 - Off-Street Parking AgreementJ
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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
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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
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this
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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
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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
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