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HomeMy WebLinkAboutC-1251 - Agreement for purchase of Civic Center property10 k DATE April 160 1970 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1251 Grotmd lease Description of Contract Ground lease - Civic Center Site Authorized by Resolution No. 7128 , adopted on jardary 26 5 -19!70 Effective date of Contract Monthly rental atarting at once Contract with The Irvine Cam-1V Address 550 X%mm t Center Drive Newport Peach, CA 92660 Amount of Contract $6,180.00 per month City Cle& CITY OF NEWPORT BEACH CITY ATTORNEY Department To: tinsaae bisect4v . DATE: Munch =Sr 1970 FROM: City Attorney SUBJECT: Inveioe for title insurance Policy 9.29 BLUS C�aef9le *to�,:.... Attached far t is as inwieo been Title 2 a" Trwtt a to Oirdw 1s. 477814, in the amount of $lo254.659 the abar or a policy of title iosnrasoo In teaeectim with ties Kties of the Civic Coates sits. The afroamat for the Parehaso of dw Property Parowuss diet the City is its, revive a credit aVL*st the rprahae Price of do }refer fear the sect of the title inswraace., 84na tie Cit! is net sbil ted to -gay the pwobess Price of 'dw.PreMrt uatil it L ready to begin coutraactlen it will be necessary ffor the City to advance this fee for Policy. The wasay Paid by the City will than be credited against too Pwrabs" Price. Te ar x. 1-1 IN City Attetssf =I t h Att. set City Clark (v/Policy of 'title ) City lthasgsr V 14 0 ORDER 477814 Title Insurance and Trust Company ORANGE COUNTY OFFICE - - 800 N. MAIN ST. • P.O. BOX 88 • SANTA ANA • CALIFORNIA w 92702 PHONE 547- 3333 - - CITY OF NEWPORT BEACH � CITY HALL 330 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 92660 a ATTN: TULLY H. SEYMOUR LRE: CIVIC CENTER SITE NEWPORT CENTBRENCLOSED $ PLEASE DETACH THIS PORTION AND RETURN WITH YOUR CHECK. j CUSTOMER REFERENCE LINE DATE DESCRIPTION CODE CH AROEB CREDIT.. + BALANCE NO. 10 16 -70 FottCY — Z254.65 * 2254,65 12 13 1 . 14 - - - 15 16 17 18 19 1 20 21 22 23 24 - DESCRIPTION CODE IA CONDITIONS - RESTRICTIONS 33 POWER OF ATTORN EY 1 AFFIDAVIT 20 DECREE 34 QUITCLAIM DEED 2 AGREEMENT 21 ENDOR: EMENT 40 RELEASE I� B ASSIGNMENT D2 GUARANTEE 41 REPORT ( I REPORT AND 4 BILL OF SALE 23 INCREA BED LIABILITY CANCELLATION I ) ry 10 BOND 24 LEA5E 1 11 CANCELLATION 30 MAP 12 COPY O : CERTIFIED,COPY O : A2 SUBDIVISION 31 MECHANIC. LIEN /yY OF 32 NOTICE OF AS BATISFACTION LAJ IS CHATTEL MORTGAGE 44 OTHER Title Insurance and Trust Company SANTA- ANA, CALIFORNIA s. January 28, 1970 Mr. Charles L. Buchanan, Manager General Sales and Leasing The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 Enclosed is an executed copy of the Ground Lane* in connection with the Civic Center site. Also enclosed are the original and one copy of the Promissory Note. The copy of said Promissory Note is marked 6ahibit "B" and replaces Exhibit "B" attached to the Agreement for Purchase and Sale which was mailed to you on October 28, 1969. The Corporation Grant Deed has been sent to the County ltacorder this date. A copy with the recording information will be sent to you when it is received in our office. Laura Lagios City Clerk LL:dg Encls. cc: City Manager City Attorney Finance Director Public Works Director TO: FROM: SUBJECT: City Clerk City Attorney L -1 CITY OF NEWPORT BEACH Civic Center Site CITY ATTORNEY Department DATE: Jan. 27, 1970 Forwarded herewith is the original Corporation Grant Deed executed by The Irvine Company, conveying to the City of Newport Beach the property for the new Civic Center. This office has been advised that The Irvine Company is anticipating that this deed will be recorded January 30, 1970. Would you please transmit this deed to the County Recorder to be recorded on that date. After recordation I would appreciate receiving back a copy which sets forth the recording information shown on the original which is to be retained in your files. I am also attaching the original and one signed copy of the Ground Lease which can now be signed on behalf of the City, together with a partially conformed copy. After execution of the original and signed copy by the City, would you then conform the third copy as to all signatures and return it to this office. The Promissory Note (Installment) which formerly was executed on behalf of the City and which you were instructed to hold, may now be forwarded to The Irvine Company, together with the signed and dated "Irvine Company" copy of the Ground Lease, addressed as follows: Charles L. Buchanan, Manager, General Sales & Leasing, The Irvine Company, 550 Newport Center Drive, Newport Beach, California 92660 Because of frequent revisions during the negotiations, I would suggest that any copies of these documents which you might have in your file be replaced with the attached copies which are the final and correct ones. Please do not hesitate to cal me if you have any questions. TULLY S City A torney THS:mh Att. cc: City Mans, ger Finance Director - Public Works Director z.� , ,_ CITY OF NEWPORT BEACH CITY ATTORNEY Department TO: NB7ar . Maeslall FROM: City Attorney SUBJECT: Asgalaltias of QlKa Based gU* DATE: ,mealy #s 1970 Im antstlaa worm, "RinstM flat tea�1t M0� try NnMas K as avle Laal h! hs M%fla ta: Nx7mli u Ifa �aaat to tw twtaiLrtata fa we u m tsanaatiaa M as laatausiftet ague ssw tax pwassm.. Mt mde a sasast asra�ws �tM et'aasaatias sN r salrs 00 sata a "Ou ly vMVIMs aw so This 1""S"d Amp is do oaaats. 49 its bm the id td f 7 . tM iq`i ♦ttaalsi Sm aamestlas an b"U of as ally "t .v" emus of dw a aswdaaeer Sam. d at tli �s- =iia�irly� my M 4,sst e"d I="& aft. ast � 6 Malmdlk&l lr. aT MU 1@165416, 004M My AUMWW 6 0 GROUND LEASE (Month to Month Tenancy) THIS GROUND LEASE made as of this :7& day of 9T/i vvA9 r , 19 _2L by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter "Lessor ", and THE IRVINE COMPANY, a West Virginia corporation, hereinafter "Lessee ". R E C I T A L S: Concurrently herewith, Lessee has sold to Lessor real property described below. The parties hereto mutually desire to provide for the lease of the subject property from Lessor to Lessee upon the terms and conditions hereinafter provided. W I T N E S S E T H- 1. Lessor hereby leases to Lessee the following described property: That portion of Block 93 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County together with a portion of Tract No. 6015, as per map filed in Book 239, pages 28 through 41 of Miscellaneous Maps in the office of said County Recorder, described as follows: Beginning at the Southerly terminus of that certain center line course of Newport Center Drive shown as "N 12° 59' 27" W 365.00"" on a map of Tract No. 6015 filed in Book 239, pages 28 through 41 of Miscellaneous Maps in the office of said County Recorder; thence North 120 59' 27" West 215.36 feet along said center line; thence North 770 00' 33" East 93.96 feet to the beginning of a curve concave Southerly having a radius of 500.00 feet; thence Southeasterly 340.34 feet along said curve through an angle of 39° 00' 00 "; thence South 630 59' 27" East 310.06 feet to the beginning of a curve concave Northeasterly having a radius of 500.00 feet; thence Southeasterly 205.16 feet along said curve through an angle of 230 30' 33'; thence South 87 30' 00" East 383.69 feet to the beginning of a curve concave Southwesterly having a radius of 500.00 feet; thence Southeasterly 239.98 feet along said curve through an angle of 27° 30' 00 "; thence South 60° 00' 00" East 128.42 feet; thence South 300 00' 00" West 608.21 feet; thence South 600 30' 30" West 269.47 feet; thence South 790 38' 12" West 185.54 feet° thence North 38° 44' 40" West 263.59 feet; thence North 58a 17' 58" West 227.70 feet; thence North 74° 30' 14" West 279.52 feet to a point on a non - tangent curve concave Southwesterly having a -1- radius of 255.00 feet, a radial to said point bears South 85° 178 06" East; thence Northwesterly 302.01 feet along said curve through an angle of 67° 518 28" to a point on the Easterly right of way of said Newport Center Drive, said point being on a curve concave Westerly having a radius of 865.00 feet, a radial to said point bears South 890 40' 06" East; thence North 89° 408 068 West 65.00 feet along said radial to the center line of said Newport Center Drive, said center line being a curve concave Westerly having a radius of 800.00 feet; thence Northerly 186.02 feet along said curve and center line through an angle 13° 198 21" to the point of beginning. SUBJECT TO: Covenants, conditions, restrictions and easements of record. 2. Term: The term of this Lease shall be from month to month, commencing as of the date hereof, and may be terminated by either party hereto upon thirty (30) days' written notice to the other party. 3. Rental: Lessee agrees to pay as monthly rental for the use and occupancy of the leased premises during the term of this Lease the sum of Six Thousand One Hundred and no /100 Dollars ($6,100.00). Said monthly rental shall be payable on the last day of each month of the term hereof. 4. Use: Lessee shall use the leased premises only for the following purposes: Storage and removal of dirt and fill, landscaping and maintenance, temporary parking, and for special events in connection with Lessee's adjacent development. Lessee shall construct no improvements of a permanent nature without the prior written consent of Lessor, and shall obtain any and all necessary permits for carrying on the permitted uses. Lessee shall not use or permit any other person to use said premises or any part thereof for any purposes tending to injure the reputation thereof or for any improper or offensive use or to constitute a nuisance; and Lessee shall at all times during said term conform to and cause all persons using or occupying any part of said premises to comply with all public laws, ordinances and regula- tions from time to time applicable thereto and to all operations thereon. -2- 0 0 5. Taxes. Lessee shall pay all real property taxes assessed against this possessory interest, if any, arising out of this Lease, but Lessor hereby agrees to indemnify and hold Lessee harmless from any other real property taxes assessed against the subject property as provided in that certain agreement between the parties hereto dated September 15, 1969, entitled "Agreement for Purchase and Sale Under Threat of Eminent Domain ", 6< Lessor's Nonliabilitys Lessee, as a material part of the consideration for this Lease, waives on its behalf all claims in the mass against Lessor for any loss, damage or injury of Lessee arising out of the use of the subject property by Lessee and agrees to indemnify and hold Lessor entirely free and harmless from all liability from any loss, damage or injury of other persons, and from all costs and expenses arising there- from, arising out of Lessee's use of the subject property. IN WITNESS WHEREOF, each of the parties hereto has executed this Lease by its officers thereunto duly authorized as of the day and y r� st above written, MA�. SEAL APPROVED AS QTO FORM. ity AMtorneyU CITY-OF NEWPOORT, BEACH �(1 Mayor ATTEST- 1, /r ty Cler -3- THSomh 1/14/70 • i SANTIAGO ESCROW 500 Newport Center Dr., Suite 455, Newport Beach, Calif. 97660 (714) 644 -5111 COMPANY To: City of Newport Beach 3300 Newport Boulevard Date: February 1, 1973 Newport Beach, California 92660 Attn: Dennis O'Neil, City Attorney We enclose: M Escrow Statement ( ) Check # (* ) Policy of Title Insurance No. Escrow No. 1651 payable to your order for S for $ issued by: Security Title Insurance Company ( *to follow) dated 19 (KX) Note for $ 1834,500.00 , dated September 15 -191-9-, executed by City of Newport Beach in favor of The Irvine Company ENCLOSED FOR CANCELLATION tR- ( ) Insurance policies as follows: Amount Company Number Expiration date JCX) Other Items: Buyer's copy of Escrow Instructions. Recorded documents to which you are entitled will be mailed to you by the County Recorder. Any other documents to which you are entitled will be sent you as soon as they are available. COUNTY TAXES ON REAL PROPERTY BECOME DELINQUENT AS FOLLOWS: First Installment after December 10, and Second Installment after the following April 10. If Buyer does not receive a Tax Bill one month prior to the delinquency date, a written request for same should be made to the County Tax Collector; include legal description. Where Lenders impound funds for payment of taxes they usually secure the tax bill. Our files indicate the following: A payment of $ is due on held for collection by A payment of $ is due on held for collection by THANK YOU. Very truly yours, CERTIFIED MAIL — RETURN RECEIPT REQUESTED � "Au Santiago Escrow Company Receipt of the above enclosures is hereby acknowledged. On , 1973, promissory note dated September 7J5, 1969 in the amount of BY: $1,834,500.00 in favor of The Irvine Company FE 5 C was cancelled by destroying said document DATE: pursuant to the escrow instructions for the purchase of the Jamboree Police Facility site. Please return the signed copy of this form to the Sender and retain the other copy. An envelope is enclosed for your convenience. 716 70-69 $1,834,500.00 (v !!Etewb*v 15 , 1969 In installm t as hereinafter set promises to p y o THE IRVINE COMPANY, a tion, or orde , t 550 Newport Center Dr Californi t e sum of One Million Eight Thousand ive undred and no /100 Dollars interes rom at the rate of four p u til p id, int e t payable monthly. P forth, West V) tve, No Hundre 1, 83, a c rinci a. aya in two (2) installments as fo1 o so (a) Two Hundred Tho and and no /1 Doll ($200,000.0 April 25, 1974; One Million Six H ed ty -fou ho d Fi e Hun ed and no 100 1 ($1,634,500.0 Ma 1 4. 9 aid principal may be paid at a y earlier time, ov ed: (1) Not mor than 'twenty -fi e r cent 25 ) o t p incipal amount shall be paid pri to it 30, 970- (2) sai rincipal shall be pay ble in at le t o (2) installments, ea h f which shall be no less than Two undred Thousand and no /100 ollars ($200,000.0 ); and (3) at 1 ast two (2) of such ins ments shall be pa d in differen tax years of the payee, sa d tax years being May 1 through pril 0. PJJJJJJayee shall n required t accept ny early payee is whi h not satisfy th se criteria. Shou in rest not be s paid it sha 1 thereafter ar like in t es as the princi 1, but such u paid inte st so compounded shall not xceed a amount equal to s e inter on the unpaid princ at the maximum rate pe itted by law. Should default be in payment of interest w n , he whole sum of principal an interest shall become i iately due at the -1- the dersigned rgin• corpora- or B a , i Thirty -four ,500.00) with (4%) per annum shall be E F 1' option of the holder of this note. and interest payable in lawful money of the Unit d S If action be instituted on this note Y the unde gned promises to pay such sum as the court may fix as orneys' fees. This notAto be payable only from roceeds of that certain trus to be establishedAb e City of Newport peach purst�n terms of the agr nt between the C ty and The I (i Company, ti ed 'A reement for Pur ase and e U d Th eat of min t " d ted S to ich fun t City has agre to transfer a ndred Fifty Thous and o 1 0 Dollars ($150,0 .00) a ch ear from the evenues deriv d y the City fr the t t Californ a as the Ci y' al ation of sales use to s, and this note sh 11 not b deemed to pledge the general c edit of the City, no shall i create, be used as a basis or creating a lie , charge,, or encumbra ce, legal or a table, on an City property k�✓ r upon any of t e incom , receipts or other reven es of City, other th ose specifi rev nulate derive fro he sales and use taxes d to the City by th f nia as described abo e. APPROVED AS TO FORM: ity Atprney CITY OF NEWPORT BEACH Qy- THS:mh -2- 12/8/69 0 9 RESOLUTION NO. 7 12 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY G 8 OF NEWPORT BEACH ACCEPTING A GRANT DEED FROM THE IRVINE COMPANY IN CONNECTION WITH THE PURCHASE AND SALE OF PROPERTY IN NEWPORT CENTER FOR USE AS CIVIC CENTER SITE WHEREAS, there has been delivered to the City of Newport Beach a certain grant deed wherein The Irvine Company grants to the City of Newport Beach the following described real property; "That portion of Block 93 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County together with a portion of Tract No. 6015, as per map filed in Book 239, pages 28 through 41 of Miscellaneous Maps in the office of said County Recorder, described as follows: Beginning at the Southerly terminus of that certain center line course of Newport Center Drive shown as "N 12° 59' 27" W 365.00"' on a map of Tract No. 6015 filed in Book 239, pages 28 through 41 of Miscellaneous Maps in the office of said County Recorder; thence North 12° 59° 27" West 215.36 feet along said center line; thence North 770 001 33" East 93.96 feet to the beginning of a curve concave Southerly having a radius of 500.00 feet; thence Southeasterly 340.34 feet along said curve through an angle of 390 00° 00 "; thence South 63° 59' 27" East 310.06 feet to the beginning of a curve concave Northeasterly having a radius of 500.00 feet; thence South- easterly 205.16 feet along said curve through an angle of 230 30' 33 "; thence South 870 30' 00" East 383.69 feet to the beginning of a curve concave Southwesterly having a radius of 500.00 feet; thence Southeasterly 239.98 feet along said curve through an angle of 27° 30' 00 "• thence South 60° 00' 00" East 128.42 feet; thence South 300 00 00" West 608.21 feet; thence South 600 30' 30" West 269.47 feet• thence South 790 38' 12" West 185.54 feet; thence North 38a 44' 40" West 263.59 feet; thence North 580 17' 58" West 227.70 feet; thence North 740 30' 14" West 279.52 feet to a point on a non - tangent curve concave Southwesterly having a radius of 255.00 feet, a radial to said point bears South 850 17' 06" East; thence North- westerly 302.01 feet along said curve through an angle of 67° 51' 28" to a point on the Easterly right of way of said Newport Center Drive, said point being on a curve concave Westerly having a radius of 865.00 feet, a radial to said point bears South 89 40' 06" East; thence North 890 40' 06" West 65.00 feet along said radial to the center line of said Newport Center Drive, said center line being a curve concave Westerly having a radius of 800.00 feet; thence Northerly 186.02 feet along said curve and center line through an angle 130 19' 21" to the point of beginning. SUBJECT TO the covenants, conditions, restrictions, reserva- tions, rights, rights -of -way and easements of record, as set -I- and 0 0 forth in Exhibits "A ", "B" and "C" attached to and made a part of said grant deed; WHEREAS, said grant deed has been prepared in accord- ance with the terms of that certain "Agreement for Purchase and Sale of Property Under Threat of Eminent Domain ", dated September 15, 1969, in connection with the purchase by the City of Newport Beach of real property to be used as the new Civic Center site in Newport Center; and WHEREAS, it is in the interest of the City to accept said grant deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said grant deed is hereby accepted, and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording, and to record said document in the Orange County Recorder's office. ADOPTED this jLtL,day of 1970. ATTEST: City Clerk -2- Mayor THS:mh 1/22/70 CITY OF NEWPORT BEACH CALIFORNIA January 16, 1970 Hugh J. Scallon Attorney at Law 550 Newport Center Drive Suits 800 Newport Beach, California 92660 ixeq Agreement for purchase and sale of Civic Center property Dear 'Hugh: Enclosed are the original and two copies each of the revised grant deed and the ground lease in connection ,Aith the above subject, for execution by The Irvine Company. Please let me know at once if you hava_any questions. I want to stress that it is of great importance to the City that this transaction be concluded and the deed recorded as soon as possible. Please return the executed originals of the deed and ground lease to the undersigned. The next scheduled Council sleeting is on January 26th. If at all possible, we would like to present these documents to the Council for action at that meeting. We would be happy to send a messenger to your offices to pick up the executed documents if they can be com- pleted prior to the 26th. THS•mh Encl. cc: City Manager City Clerk Public Works Director file Regards; TULLY R. SEYMOUR City Attorney RECORDING REQUESTED B* CITY OF NEWPORT BEACH AND WHEN RECORDED MAIL TO FCity of Newport Beach Attu; City Clerk $' Addrn . 3300 Newport Boulevard E; „s Newport Beach, California sl L 92660 MAIL TAX STATEMENTS TO I Nome Sheer / / Add.... City a stet. L J TO 406 CA (7-68) J I SPACE ABOVE THIS LINE FOR RECORDER'S USE I Corporation Grant Deed THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the state of West Virginia, hereby GRANTS to the CITY OF NEWPORT BEACH, a municipal corporation, the following described real property in the County of Orange , State of California: See Exhibits "A ". "Bit and "C" attached hereto. p D.T.T. S In Witness Wlrereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by it- President and Secretary thereunto duly authorized. Dated: THE IRVINE COMPANY STATE OF CALIFORNIA } COUNTY OF J SS. On before me, the under. signed, a Notary Public in and for said State, personally appeared , known to me to be the President, and known to me to be Secretary of the Corporation that executed the within Instrummv, known to me to be the persons who executed the within Insirumen: on behalf o[ the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru mein pursuant to its bydaw> nr a resolution of its board of directors. WITNESS my hand and official seal. Signature Name (Typed or Printed) By President By Secretary ITIO, aoa 611 nRIrIA nm arinl awn MAIL TAX STATEMENTS A$ DIRECTED ABOVE EXHIBIT "A" That portion of Block 93 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County together with a portion of Tract No. 6015, as per map filed in Book 239, pages 28 through 41 of Miscellaneous Maps in the office of said County Recorder, described as follows- Beginning at the Southerly terminus of that certain center line course of Newport Center Drive shown as "N 120 59' 27" W 365.00"' on a map of Tract No. 6015 filed in Book 239, pages 28 through 41 of Miscellaneous Maps in the office of said County Recorder; thence North 120 59' 27" West 215.36 feet along said center line; thence North 770 00' 33" East 93.96 feet to the beginning of a curve concave Southerly having a radius of 500.00 feet; thence Southeasterly 340.34 feet along said curve through an angle of 39° 00' 0011; thence South 63° 59' 27" East 310.06 feet to the beginning of a curve concave Northeasterly having a radius of 500.00 feet; thence Southeasterly 205.16 feet along said curve through an angle of 23° 30' 33'; thence South 87 30' 00" East 383.69 feet to the beginning of a curve concave Southwesterly having a radius of 500.00 feet; thence Southeasterly 239.98 feet along said curve through an angle of 27° 30' 0011; thence South 60° 00' 00" East 128.42 feet; thence South 300 00' 00" West 608.21 feet; thence South 60° 30' 30" West 269.47 feet; thence South 790 38' 12" West 185.54 feet; thence North 38° 44' 40" West 263.59 feet° thence North 580 17' 58" West 227.70 feet; thence North 744 30' 14" West 279.52 feet to a point on a non - tangent curve concave Southwesterly having a radius of 255.00 feet, a radial to said point bears South 850 17' 06" East; thence Northwesterly 302.01 feet along said curve through an angle of 670 51' 28" to a point on the Easterly right of way of said Newport Center Drive, said point being on a curve concave Westerly having a radius of 865.00 feet, a radial to said point bears South 89° 40' 06" East; thence North 890 40' 06" West 65.00 feet along said radial to the center line of said Newport Center Drive, said center line being a curve concave Westerly having a radius of 800.00 feet; thence Northerly 186.02 feet along said curve and center line through an angle 130 19' 21" to the point of beginning. 1. Grantee agrees to dedicate the following areas for public use: a) Easements for public street purposes over the Northeasterly 38.50 feet and the Southeasterly 54.5 feet. b) An easement for storm drain purposes as shown on the attached Exhibit "B ". c) All oil, gas, petroleum and other hydrocarbon substances in and under the above described property, together with all necessary and convenient rights to explore for, develop, produce, extract and take the same, subject to the express limitation that any and all operations for the exploration, development, production, extraction and taking of any of said substances shall be carried on at levels below the EXHIBIT "A" - pg 1 of 3 depth of five hundred (500) feet from the surface of said land by means of wells, derrick and /or other equipment from surface locations on adjoining or neighboring land, and subject further to the express limitation that the foregoing reservation shall in no way be interpreted to include any right of entry in and upon the surface of the land hereinabove described. It is understood by the parties that the above stated reservation is expressly subject to all restrictions and regulations concerning the drilling for and production of oil, gas, petroleum, and other hydrocarbon substances which are contained in the City Charter or the municipal ordinances of the City of Newport Beach. 2. Subject to covenants, conditions, restrictions and easements as follows; a) Real property taxes for the fiscal year 1969 -70. b) Covenants, conditions, restrictions and easements of record as of the date of this deed. c) For a period of twenty -five (25) years from the date of this deed, use of the above described property shall be limited to those uses and subject to those restrictions, as set forth in the zoning classifications applicable to said property as of the date of this deed, which are C -N -H and C -0 -H, as provided in Title 20 of the Newport Beach Municipal Code. It is agreed that the foregoing limitations and restrictions on the use of the property may be changed during said 25 -year period if the written consent of Grantor, its successors or assigns, is first obtained. In addition, during said 25 -year period, Grantor shall have the right to review and to approve or disapprove the location of any proposed buildings to be located on the portion of the above described property in zoning classification C -0 -H if said buildings will exceed thirty -five feet in height. For convenience only, a copy of the applicable provisions of said zoning ordinance as in effect on the date hereof is attached hereto as Exhibit "C ". Should Grantee, its successors or assigns, attempt to use said property or any part thereof for any use other than those above permitted, then the subject property shall revert to Grantor, its successors or assigns, each and any of whom shall have the right in any such event to reenter and take possession of said property and oust all persons therefrom. The foregoing condition shall operate as a condition subsequent and shall apply to and bind the Grantee and its successors and assigns and all other persons acquiring any interest in said property. d) If at any time within twenty -five (25) years from the date of this deed, Grantee shall propose to sell or lease all or any portion of the subject property, whether voluntarily or by eminent domain, Grantor shall have the option to purchase the property to be sold, at the original purchase price, prorated on an acreage basis in the event of a proposed sale or lease of only a portion of the subject property. Grantee shall notify Grantor in writing of its intent to make bona fide sale or lease, precisely describing the parcel to be sold or leased, and Grantor shall have thirty (30) days in EXHIBIT "A" - pg 2 of 3 which to notify Grantee if it wishes to exercise its option. If Grantor shall exercise said option, an escrow for the purchase shall be opened within five (5) days with Title Insurance and Trust Company, which escrow shall have the term of thirty (30) days. Grantee shall convey title to Grantor subject only to those matters of record as of the date of this deed and subsequent matters to which Grantor shall have iven its consent. The parties shall each pay one -half (1%2) the cost of the escrow, and Grantee shall pay for a CLTA owners policy of title insurance and docu- mentary tax stamps, if required. e) All the terms and conditions of that certain Agreement between the Grantor and Grantee dated September 15, 1969, for purchase and sale of the subject property. f) Grantee agrees that it will reserve an area on the subject property to be devoted to landscaping and on which no structures without the prior written consent of Grantor will be built, said area to be thirty -five (35) feet in width, the Easterly line of said area being parallel and concentric with and 100 feet Easterly from the center line of Newport Center Drive. Said reservation shall be binding on Grantee's successors in interest. EXHIBIT "A" - pg 3 of 3 I 1 k I I[ I New � Zr QZ 147 1�N �o � � g41 i;�y(��'• .Oli• s y p y U 0, D�n� b g, Ij a I °' on �F r/ CITY OF NEW 0. \ DATE PUBLIC WORKS 'DEPARTMENT APPROVED ii 38PUBLIC WORKS DIRECTOR EX.y /B/ T ".46 R.E. NO. �_ C/ 7-1' Gi' "AffWGVA?7T BEAC4W DRAWING N0. CIVIC Ce"719Fe 3/TE 1 ; Chapter 20.08 GENERAL CONTROLS Sections: ' 20.08.010 Effect of Chapter. 20.08.020 Recreational Establishments. +..'• 20.08.030 Dance Halls, Establishments with Liquor, Etc, 20.08.040 Accessory Use Mul le Residential District or R-4 District Admin trative and Professional District or A -P District. Neighbo ood Commercial District or C-N District. Limited C mercial— Multiple Residential or C -O Distriet. Light Comm cial District or C-1 District.., t . General Comm cial District or C -2 District• '; j, Intermediate Dis 'et or I District. Manufacturing Di a 'ct or M -1 District. Unclassified or U D• 'et. I Controlled Manuf 1 g District or M -1 -A District Planned Community Dis let or P -C District ✓. a (Ord. 1248 11; May 13, 1968: •or 1949 Code 19102.0 added by Old. 8S5 and amended by Ord. 984; Decem r 11, 1961). 20.06.020 Special Districts Desi ated. In addition to the general die - triets established above, the followi special districts are established which, when combined with the above g eral districts, establish additional special regulations: Combining or " —B" District. Combining or " —H" District. Combining or" —W' District. Combining or " —UL" District, 1 (1949 Code § 9102.1 added by Ord. 635; December 1950 as amended by i Ord. 984; December 11, 1961). f' 20.06.030 Map Adopted by Reference, The designs , locations and boundaries of the districts established are delineated up o the maps enti- tled "Districting Map for the City of Newport Beach, Ca rnia ", dated November 27, 1950, which maps and any additional maps sequently adopted and all notations and information thereon are hereby m e a part of this Title by reference. (1949 Code § 9102.2 added by Ord. 635; ecem- ber 12, 1950 as amended by Ord. 845; April 14, 1958). 1 20.06.040 Aight-of-Way Right—of—Way Boundaries. Any district adjoining any ri t. Ir +'t, + +��.•, :, of -way extends to the center of such right -of -way. (1949 Code § 9102. added by Ord. 901; December 28,1959). + and Buildings In C or M Dietrick a 412 IN {WIONI pseN 7•I6-05) . EXH7$IT 01C to -;.pg 1�bE:.24 :.r '' y � 1 1 + I / ilk „ r Chapter 20.08 GENERAL CONTROLS Sections: ' 20.08.010 Effect of Chapter. 20.08.020 Recreational Establishments. +..'• 20.08.030 Dance Halls, Establishments with Liquor, Etc, 20.08.040 Accessory Use Mul le Residential District or R-4 District Admin trative and Professional District or A -P District. Neighbo ood Commercial District or C-N District. Limited C mercial— Multiple Residential or C -O Distriet. Light Comm cial District or C-1 District.., t . General Comm cial District or C -2 District• '; j, Intermediate Dis 'et or I District. Manufacturing Di a 'ct or M -1 District. Unclassified or U D• 'et. I Controlled Manuf 1 g District or M -1 -A District Planned Community Dis let or P -C District ✓. a (Ord. 1248 11; May 13, 1968: •or 1949 Code 19102.0 added by Old. 8S5 and amended by Ord. 984; Decem r 11, 1961). 20.06.020 Special Districts Desi ated. In addition to the general die - triets established above, the followi special districts are established which, when combined with the above g eral districts, establish additional special regulations: Combining or " —B" District. Combining or " —H" District. Combining or" —W' District. Combining or " —UL" District, 1 (1949 Code § 9102.1 added by Ord. 635; December 1950 as amended by i Ord. 984; December 11, 1961). f' 20.06.030 Map Adopted by Reference, The designs , locations and boundaries of the districts established are delineated up o the maps enti- tled "Districting Map for the City of Newport Beach, Ca rnia ", dated November 27, 1950, which maps and any additional maps sequently adopted and all notations and information thereon are hereby m e a part of this Title by reference. (1949 Code § 9102.2 added by Ord. 635; ecem- ber 12, 1950 as amended by Ord. 845; April 14, 1958). 1 20.06.040 Aight-of-Way Right—of—Way Boundaries. Any district adjoining any ri t. Ir +'t, + +��.•, :, of -way extends to the center of such right -of -way. (1949 Code § 9102. added by Ord. 901; December 28,1959). + and Buildings In C or M Dietrick a 412 IN {WIONI pseN 7•I6-05) . EXH7$IT 01C to -;.pg 1�bE:.24 t Y' I ' I I M n, 11,J It, r 1 1 'II I I U n s r y / r I GENERAL CONTROLi3. 20.x.010- 20.08.030 20.08.060 Mxaeeory Uses in R District. a 20.08.060 Parking Automobiles on Roofs. 20.08.070 Parking Lots. 20.08.080 Institutions, Cemeteries and Public Buildings. 20.08.090 Removal of Earthen Materials. 20.08.100 Heliports and Helistops. 20.08.110 Temporary Signs or Structures, 4, 20.08.120 Extension of Time for Temporary Use& 1'rt 20.08.130 Height Limits. 20.08.140 Building Site Area Exception, 20.08.150 Extensions Into Yards. 20.08.160 Accessory Buildings— Yards. 20.08.170 Dwellings in C or M Districts— Yards. 20.08.180 Swimming Pools—Yards—Equipment' 20.08.185 • Changes in Yard Requirements. 20.08.190 Automobile Storage or Parking Space. 20.08.191 Parking Requirements for Commercial Uses 20.08.200 Requirements for Off - Street Parking. 20,08.210 Plans and Drawings for Certain Districts. 20.08220 Architectural Committee — Appointment and Membership. 20.08.230 Authority of Architectural Committee — Standards. 20.08.240 Appeal from Architectural Committee Action. f?l l 20.08.250 Appeal from Planning Commission Action. ® 20.08.260 Approval of Plans Requisite to Permit Issuance. 20.08.270 Mapped Streets. 20.08.280 Mapped Streets — Exclusions. 90.08.010 Effect of Chapter. All sections of this Title shall be subject to the general provisions and exceptions provided by this Chapter. (1949 '. Code § 9105 added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28,1959). 20.08.020 Recreational Establishments. No circus, carnival; amuse - ment park, fun zone, open air theatre, race track, private recreation center, or other similar establishment, shall be established in any district unless and until a Use Permit is first secured for the establishment, maintenance and operation of such use. (1949 Code.§ 9105.1(a) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.030 Dance halls, Establishments with Liquor, etc. No dance hall, road house, night club, commercial club, or any establishment where ' liquor is served, or commercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether rr t as social companions or otherwise, shall be established in any district closer than 200 feet to the boundary of any dwelling district, unless a Use Permit shall first have been secured for the establishment,, mainte- 413 t ,tlV1illMT 41446M 4. 10-041 EXHIBIT nru . pg 2 of 24 1 4 f u 4 YI ,S 11, Ile q, Ste- 20.08.990 k , r ' t T r "anee i' t ,� N'1 635 and Operation Of such 20.08 040 A 12, lgg0 mendlbY e $ 9105.1(b � ad uses an Accessory U rd. 1115; Janu add by of buildin build n98 in any C and Building , 19gg) F c respectarepldental to an a District areCPerrmltted� AQCe�o b�e u,ldin 9 9. shall .i, rpoisea perm r the cliaracter where the � n1 j Ord. 635 DeCe °be the main bu du°nlY when the district Sc Premise, 7{ 20.08. 050 A 12, 1950 as amended by 49 COde $ 9105 constructed 1 "current �� i ^ 1'. (a: hoE any u� Accessory Uses in District, Ord. 1115; January 25 ded by construe Permitted in an R Di Acce 1965 unless such is d as Permittin Y R Dastrict In saory uses no be dee specified i g any commercial be Perin nnally a c deemed to allow the n the regulatioercia! use in d' Phis shall �tu 9 in thefconductltof theuatora %e of processing of ",trick tanor shDls this added b any retell or vehicles, a ui any substance or 1115; JanumY25 lY Orcl• 6; Aeeem wholesale business or materials ).,. 1 20.0 &060 865. ber 12, 1950 as a mended Code $ the roof Of a barking Auk mobiles on ded by Ord' tO the securin uildih% May be Roofs, P a buildin % of a Use Pe permitted in' any aiing °f automo S' added by Ord any R' Distriermit, Parking of C °r M D'stric mobiles on 25, 196g)• 635; December 12 not permitted au(18 biles on the roofect 1950 as tided 'bY O Caie $ 9105.1(eo3 20.08,0 amen 7,;''+ mobile 70 ...Sig . 1'15; Janu tr+et, s maY be permitted Public or no f ary subject to the d m any R D' ee private Janu 1(f) added by Or securing of a Use pe ct adjacent n Jots for auto. any C Or M 20.0 080, 1965). 635; December 12, 1850 as each case. ( 849 Code ; schools h 1 "stitutions, C by Ord, 1115 9u i area 20jacrses) ma so p aygroundsd Pnbtie Bliildin Public buildi "sOleums, c Yacht c1Ubs %& Churches $ eted m an diet gt and 'municipallematOnes, Public q metMea (mini - `! (S•'.l',; i';r amended Code $ 81 subject to the ePerated Parking l.t. ' Public and "ded by Ord. 11 05.1 (g) added b uring of Use maY be pen . p. 15; Jan Y Ord, 6�• a Pe uarY25, 1965). December 12�t g each 20.08.090 h Remo of Earth,,, S0 as ! teriale val ;I Permit ina�ebhPermitted in any Bfaterlal% The case (Y December lots of o (N° Pew t�requreub7ect t the sec of eaten ma. r 12,1850 as amended (18�90 e $ 81 or normal grading Of laude ..... ...... b rd: lllg. �a� y Ord 635,• ^ ,•��, �.::�,L Y , 414 ': (� ..✓�. d I 1,11 1 6, X.. ltl 4�, t of �Y, is I Y., I. 1. 1 it GENERAL RAT, CONTROLS, 20.08.100-20.08.130 20-08-100 Heliports and Helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any R-1 or R-2 District. In any district other than R-1 or R-2, no helicopter shall land or take off and no heliport or helistop shall be established unless a Use Permit shall first have been secured Tor the establishment, maintenance, and operation of such use. The Planning Directoi may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connec- tion with major construction sites if he determines that such helistops will not unduly interfere with the health, . safety and welfare of persons owning ning property in the surrounding area and he may attach appropriate conditions to such approval. (1949 Code § 9105.1(1) added by Ord. 635; December 12 1950 amended by Ord. 1115; January 25, 1965, Ord. 1127, May 10, 1966, Ord. 1130; June 28, 1965). 20.08.110 Temporary Signs or Structures. The Planning Director may approve temporary signs to advertise a subdivision and temporary tract or real estate offices for sales in new subdivisions for a period not to ex- ceed one year following the date of approval of the final map. The Planning Director may approve temporary structures for the housing of,tools and equipment or supervisory offices for a period not to exceed one year in connection with major contsruction during the progress t:. of such construction. (1949 Code § 9105.1(j) added by Ord. 1130; June 28,1965). 20.08.120 Extension of Time for Temporary Uses. The Planning Di- rector may approve an extension of periods of time specified in Section 20.08.110. (1949 Code § 9105.1 (part) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.130 ][eight Limits. A. STRUCTURAL APPURTENANCES. Chimneys, cupolas, flag poles, parapet walls, railings, monuments, radio and othtr towers, water tanks, and similar structures and mechanical ap- purtenances may be permitted in excess of height limits, subject to first securing a Use Permit in each case. Parapet walls, safety railings, and vents which are required by law shall be permitted in excess of height limits to the extent required without the requirement of a Use Permit. B. FENCES, WALLS, PLANTINGS. No fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed 6 feet in height within any requrred side yard to the rear of the front line of any main building or in any required rear yard nor to exceed 3 feet in height in any required side yard between the front property line and the required front setback line or in any required front yard or within 15 feet of the corner of any intersecting street rights of way; provided, however, 415 tai (Newport Beach tinslse) Of 7 A j GENERAL RAT, CONTROLS, 20.08.100-20.08.130 20-08-100 Heliports and Helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any R-1 or R-2 District. In any district other than R-1 or R-2, no helicopter shall land or take off and no heliport or helistop shall be established unless a Use Permit shall first have been secured Tor the establishment, maintenance, and operation of such use. The Planning Directoi may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connec- tion with major construction sites if he determines that such helistops will not unduly interfere with the health, . safety and welfare of persons owning ning property in the surrounding area and he may attach appropriate conditions to such approval. (1949 Code § 9105.1(1) added by Ord. 635; December 12 1950 amended by Ord. 1115; January 25, 1965, Ord. 1127, May 10, 1966, Ord. 1130; June 28, 1965). 20.08.110 Temporary Signs or Structures. The Planning Director may approve temporary signs to advertise a subdivision and temporary tract or real estate offices for sales in new subdivisions for a period not to ex- ceed one year following the date of approval of the final map. The Planning Director may approve temporary structures for the housing of,tools and equipment or supervisory offices for a period not to exceed one year in connection with major contsruction during the progress t:. of such construction. (1949 Code § 9105.1(j) added by Ord. 1130; June 28,1965). 20.08.120 Extension of Time for Temporary Uses. The Planning Di- rector may approve an extension of periods of time specified in Section 20.08.110. (1949 Code § 9105.1 (part) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.130 ][eight Limits. A. STRUCTURAL APPURTENANCES. Chimneys, cupolas, flag poles, parapet walls, railings, monuments, radio and othtr towers, water tanks, and similar structures and mechanical ap- purtenances may be permitted in excess of height limits, subject to first securing a Use Permit in each case. Parapet walls, safety railings, and vents which are required by law shall be permitted in excess of height limits to the extent required without the requirement of a Use Permit. B. FENCES, WALLS, PLANTINGS. No fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed 6 feet in height within any requrred side yard to the rear of the front line of any main building or in any required rear yard nor to exceed 3 feet in height in any required side yard between the front property line and the required front setback line or in any required front yard or within 15 feet of the corner of any intersecting street rights of way; provided, however, 415 tai (Newport Beach tinslse) Of 7 A '1 { yl 4 , { b. 120.09140,20.0&150, PLANNING. AND ZONING F r r < that in cases where there is a difference of 6 feet or more in elevation be - o tween the building sites of abutting lots no fence wall hedge or screen 1 o g g � g planting shall hereafter be constructed or grown in any yard area of the lower lot adjacent to the lot line of the higher lot to a height in excess of 3 feet above the elevation of the building site of the higher lot. Where - ¢1;;;' lots or building sites are laid out or planned to border a street and over ' look a waterway, beach or bluff, fences, when required as a protective i device for a swimming pool or when needed to protect against a hazardous , or unsafe condition existing 'because of topography, may be permitted in excess of 3 feet, but not to exceed 5 feet, in those front yards specified in Section 20.08.160 subject to first securing a Use Permit in each case. The Planning Commission may, by resolution, adopt such general standards w u or conditions for its guidance as it deems necessary to insure to the adjacent property owners the full use of their land.. (1949 Code § 9105.2 added by ' f, Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965, Ord. 1151• March 14,1965). �,� ;,`q 20.08.140 Building Site Area Exception. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a buildin site even when of less area or width than that required by the regulations for the District in which it is located. (1949 Code § 9105.3 q- , 1 added by Ord. 635; December 12, 1950). - 20.08.150 Extensions Into Yards. A. ARCHITECTURAL FEATURES 4 1 t a Architectural features such as cornices or eaves may extend not exceeding 21/2 feet into any required front or rear yard setback; provided, however, ' I that such architectural features shall not project any closer than 2 feet 11 1 from side property line. B. FIREPLACES AND CHIMNEYS. Firep)aces and chimneys not to exceed 8 feet in width constructed of incombustible material, may en- 1 croach to a distance of 2 feet into any required front yard setback of 10 feet or more in any R District; provided, that the fireplace and chimney ' must be located not less than 5 feet from any side yard setback line. {r ', Fireplaces and chimneys not to exceed 9 feet in width, constructed of incombustible material, may encroach to a maximum distance of 21/ feet from any side yard setback line provided that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 6 feet into any required front yard setback. - - + D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings, or • 1;'11 r f;, shades may project from the building into the front yard setback In any R District not to exceed 5 feet from the building nor more than 1 /•_, the depth of the required front yard, and must be within the required side r r�t 4 416 (llevDUrt aeub I1p6/86) -- /s EXRIBIT nC" _ P$ 5 of 24 '4 4 M M 417 (Newport 31"oh 21,15/W EXHIBIT "C" pS 6 of 24 F Ez 'GENER*L CONTROLS; .2.08.160 yard Iles and have a clearance above grade vertically of not less than 61/2 feet Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire re- sistive construction. Marquees, awnings or shades may project from the building into the qy' rear yard setbabk in any R District not to exceed 21/2 feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title 7 be construed as permitting any encroachment upon any mapped street. F. ABUTTING ALLEYS. In residential districts having alleys to the mar of lots or building sites, attached or detached garages, fences, screen plantings or other obstructions must set back from rear property lines.the distances shown in the following table:. Alley Width Setback 15' or less 5' 15' 1" to 19' 11" 319" . ..... ' 20 more ' or 2'6" (Ord. 1176 § 2; September 12, 1966: prior 1949 Code § 9105.4 (a-g) added by Ord. 635; December 12, 1950 as amended by 1034; April 8, 1963). r 20.08.160 Accessory Building—Yards. in case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all re- " spects with the requirements of this Title applicable to the main building. Unless so attached, an accessory building in an R District shall be located on the rear one-half of the lot and at least 6 feet from any dwelling build- ing existing or under construction on the same lot or any adjacent lot; provided, that in any R District combined with any "—B" District the Planning PI Commission may approve the location of the accessory building on the front half of the lot and detached from the main building without a variance, provided the location will not be detrimental to adjoining property and further provided that the Planning Commission approves of the elevation and location of the accessory building. ;1z I of the side lot lines. Such accessory building shall hot he located within 5 feet of any alley or within 5 feet of the side line of any alley or within 5 feet of the side line of the front one-half of any adjacent lot, or, in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more 417 (Newport 31"oh 21,15/W EXHIBIT "C" pS 6 of 24 F Ez 'GENER*L CONTROLS; .2.08.160 yard Iles and have a clearance above grade vertically of not less than 61/2 feet Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire re- sistive construction. Marquees, awnings or shades may project from the building into the qy' rear yard setbabk in any R District not to exceed 21/2 feet. E. ENCROACHMENTS UPON OFFICIAL PLAN LINE. Whenever a mapped street has been established, required yards shall be measured from said mapped street, and in no case shall the provisions of this Title 7 be construed as permitting any encroachment upon any mapped street. F. ABUTTING ALLEYS. In residential districts having alleys to the mar of lots or building sites, attached or detached garages, fences, screen plantings or other obstructions must set back from rear property lines.the distances shown in the following table:. Alley Width Setback 15' or less 5' 15' 1" to 19' 11" 319" . ..... ' 20 more ' or 2'6" (Ord. 1176 § 2; September 12, 1966: prior 1949 Code § 9105.4 (a-g) added by Ord. 635; December 12, 1950 as amended by 1034; April 8, 1963). r 20.08.160 Accessory Building—Yards. in case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all re- " spects with the requirements of this Title applicable to the main building. Unless so attached, an accessory building in an R District shall be located on the rear one-half of the lot and at least 6 feet from any dwelling build- ing existing or under construction on the same lot or any adjacent lot; provided, that in any R District combined with any "—B" District the Planning PI Commission may approve the location of the accessory building on the front half of the lot and detached from the main building without a variance, provided the location will not be detrimental to adjoining property and further provided that the Planning Commission approves of the elevation and location of the accessory building. A detached accessory building may be built to within 1 foot of one of the side lot lines. Such accessory building shall hot he located within 5 feet of any alley or within 5 feet of the side line of any alley or within 5 feet of the side line of the front one-half of any adjacent lot, or, in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot. In the case of a lot abutting on two or more 417 (Newport 31"oh 21,15/W EXHIBIT "C" pS 6 of 24 tlR llr Ir rfl1.. 1 i,yry � .. t 1' r I 1 1 rears of lots normally border streets and the fronts of the lots face a com- 4r. Il ill, t 11i1k ,1 where lots or building sites are laid out or planned to border a street and 1 1,• 1' { Y the street may be considered the rear yard for 'purposes of location, con - struction or maintenance 'of main or accessory building, provided, that.. 1 i u 4,i required setback from the street shall be a minimum of 5 feet and the normal front yard requirements shall apply to the portion of such lots 1' streets, no building shall be erected closer to the property 1,t rears of lots normally border streets and the fronts of the lots face a com- mon walkway, the main structure and /or accessory buildings may be con- strutted within 5 feet of the rear property line. In the case of subdivisions �. ` where lots or building sites are laid out or planned to border a street and overlook a waterway, beach, or bluff, the portion of such lots bordering 20.08.170- 20.08.185. " PLANNING'AND ZONING line than the streets, no building shall be erected closer to the property front yard setback established on either street. In any case where the rears of lots normally border streets and the fronts of the lots face a com- mon walkway, the main structure and /or accessory buildings may be con- strutted within 5 feet of the rear property line. In the case of subdivisions �. ` where lots or building sites are laid out or planned to border a street and overlook a waterway, beach, or bluff, the portion of such lots bordering the street may be considered the rear yard for 'purposes of location, con - struction or maintenance 'of main or accessory building, provided, that.. all of the lots in a block conform to this pattern. In all such cases, the required setback from the street shall be a minimum of 5 feet and the normal front yard requirements shall apply to the portion of such lots adjacent to any - waterway, beach or bluff, except that such front yards may exceed the maximum of 35 feet permitted in residential districts (1949 Code § 9105.4(h) added by Ord. 635; December 12, 1950 as amended by Ord. 1034; April 8, 1963). 20.08.170 Dwellings in O or M Districts--Yards. Every building or portion thereof which is designed or used for any dwelling purpose in any C or M District shall comply with the requirements of such appro- priate residential district as is determined by the use to which such C or M District *property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial or manu- facturing purpose, the yard provisions specified for such C or M District' may be applied to the ground floor only. (1949 Code 6 9105.4(i) added by Ord. 635; December 12, 1950 as amended by Ord. 1034; April 8, 1963). 20.08.180 Swimming Pools — Yards — Equipment. Any swimming pool, fish pond, or other body of water which contains water 18 inches or more in depth for use in connection with any single family, duplex, multiple or apartment dwelling, shall be at least 5 feet from any side or rear yard property line and 10 feet from any front yard property line. No such body of water shall be permitted in any required yard space unless the enclosing fence required in Chapter 15.04 of this Code is permitted under the pro- visions of Section 20.08.130. Any pump, filter or heater installed to serve such body of water shall be located not less than 5 feet from any side or rear yard prop- erty line and in no event nearer than 10 feet to any dwelling on adjoining properties. Any such pump, filter or heater shall not be considered an accessory building so long as any required housing thereof does not exceed 6 feet in height. Pumps may be operated only between the hours of 8 a.m.• and 8 p.m. (1949 Code § 9105.41 added by Ord. 924; July 11, 1960). 20.08.185 Changes in Yard Requirements. The Planning Commission 418 ' (NWwport BWh 11115/00) EXHIBIT " ` -.p$'7 of 24 TX'i-IIRIT "C" – pS 8 of 24 GENERAL CONTROLS 20.08.190 - 20.08.191 may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his appli- cation an exact copy of the final tract map showing the proposed changes. a The decision of the Planning Commission shall be subject to review by 1... .'; the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code S 9105.42, added by Ord. 1134; August 9, 1965). " 20.08.190 Automobile Storage or Parking Space. 'Accessible storage or parking space for the parking of automobiles off the street shall be ' provided in all districts, as follows: (a) Not less than one garage space for each single family dwelling. (b) Not less than one garage space for each family unit in any duplex, triplex or dwelling group of four or less family units. + (c) Not less than one garage space for each two guest rooms in any :l rooming house. (d) Not less than one parking space for each two guest rooms in any hotel. + (e) Not less than one garage space for each of the first four family units, and two off - street parking spaces, one of which must be a garage (;. space, for each additional family unit, in any dwelling group of more i than four family units. (f) Not less than two garage spaces per family unit in any residential + B District. `J Parking space required for other uses allowed in any R District and not set forth above shall be determined by the Planning Commission and f set forth as a condition to the granting of the Use Permit for such use. (1949 Code $ 9105.5 added by Ord. 635; December 12, 1950 as amended by Ord. 909; February 8, 1960). 20.08.191 Parking Requirements for Commercial Uses. A. RE- QUIRED PARKING. Off- street parking in accordance with the require- " ments of Chapter 20.38 entitled ' " -H" DISTRICT' shall be required of all property in all commercial zoning districts which has not previously been included within a " -Z" or " -H" District. All properties in commercial dis- "•.'� tricts which do not meet the requirements of this section shall be classified as nonconforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.44 en- titled 'NONCONFORMING STRUCTURES AND USES' shall not be ap- plicable to structures and uses which are nonconforming only because they • do not comply with the parking requirements set forth in subsection A above, but instead the following regulations shall be controlling: f Y ✓ 1. Existing Uses and Structures. The lawful use of land or buildings or both in commercial zoning districts which do not meet the parking re- r , 419 r ,��w�o�t •ucw �. n•o� TX'i-IIRIT "C" – pS 8 of 24 i I r I Ir,N 1 1,. 1 1 4 i I 1 I � ♦ 1 L I/ .,'ill I .GAIV iq d'lk'..I�. 11 V I � 1 s 420 EXHIBIT' "C ". pg 9 of 24 j I 1 1 , 1 . .f 200841200 ._ PLANNING AND ZONING ' quirements set forth in subsection A above, which use was in existence on the effective date of this section, may be continued or changed to a use requiring the same or less 'on -site parking without compliance with said requirements. 2. Remodeling, Repairs or Alterations.' Any nonconforming build - ing may be repaired, altered or remodeled without complying with the parking requirements set forth in subsection A of this section. 3. Enlargeruent. Whenever a nonconforming building or use is en- . lagged by more than ten percent (10%) of its original gross area in any one -year period, the property on which it is located shall be made to com- ply with the parking requirements of subsection A of this section unless ' a waiver or reduction of said requirement is authorized by use permit. When the enlargement of an existing building or use constitutes less than ten per cent (10 91o) of its original gross area, the required parking shall be based only upon the added gross area. 4. Restoration of Damaged or Destroyed Building. A nonconform- ing building wholly or partially damaged or destroyed by fire, explosion, earthquake, Act of God, or other act beyond the control of the owner or person in possession may be restored without the necessity of complying with the requirements of Section 20.08.191, provided that all of the follow- . ing conditions are met; (a) The restoration work is commenced within twelve months after the damage or destruction oecurs; (b) The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and (c) The use of the building is not changed to a use which requires . more parking than the original use as it existed prior to the damage or destruction. (Ord. 1292 § 1; March 10, 1969). 20.08.200 Requirements for Off -Street Parking. A. APPLICABILITY. The requirements of this section and any off - street parking standards adopted by the City Council shall apply to the following: 1. All off - street parking lots and areas hereafter developed which are required by this Title. 2. All parking lots which are hereafter permitted subject to first securing a use permit. 3. All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit, Such off -street parking standards shall be adopted by resolution and shall show minimum, dimensions of parking spaces and aisles, require- ments for entrances and exits, and requirements for markings and other devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or v parking areas adjoin property in an R -1 or R -2 district, a wall shall be 420 EXHIBIT' "C ". pg 9 of 24 ._ . GENERAL CONTROLS 20.08210 constructed along such boundaries in such a manner as will provide pro- tection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of dis- turbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for'adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. . C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Building and Safety Director for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this section and in the off - street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Director shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this section, the Director shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Director. The parking lot or parking area shall be de- veloped and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the re- quirements of this section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this section and the off - street parking standards as are necessary to per - mit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to 4 'i surrounding property. (1949 Code 9105.51 added by Ord. 1031; March f. 25, 1963). 20.08.210 flans and Drawings for Certain Districts. In case an appli- cation is made for a permit for any building or structure in any C -N, C or M District, the application shall be accompanied by architectural draw- ings or sketches and plot plans, all to a workable scale, showing the eleva- tion of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental 420-1 EXHIBIT " "C - pg 10 of 24 .. ._ . GENERAL CONTROLS 20.08210 constructed along such boundaries in such a manner as will provide pro- tection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of dis- turbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for'adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. . C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Building and Safety Director for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this section and in the off - street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Director shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this section, the Director shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Director. The parking lot or parking area shall be de- veloped and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the re- quirements of this section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this section and the off - street parking standards as are necessary to per - mit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to 4 'i surrounding property. (1949 Code 9105.51 added by Ord. 1031; March f. 25, 1963). 20.08.210 flans and Drawings for Certain Districts. In case an appli- cation is made for a permit for any building or structure in any C -N, C or M District, the application shall be accompanied by architectural draw- ings or sketches and plot plans, all to a workable scale, showing the eleva- tion of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental 420-1 EXHIBIT " "C - pg 10 of 24 I GENERAL CONTROLS,* 20.08.220 -20.08.260 to the orderly and harmonious development of the City, or not to impair the desirability of investment or' occupation in the neighborhood. (1949 Code § 9105,6(a) added by Ord. 635; December 12, 1950 as amended by Ord. 945; April 14,1958). 20.08.220 Architectural Committeer Appoinftnent and Membership. The Planning Commission may appoint an Architectural Committee of three members; who may be employees in the following departments: Building Inspection and City Engineer. (1949 Code §.9105.6(b) added by Ord. 635; December 12, 1950 as amend6d by Ord. 845; April 14, 1958). 20.08.230 Authority of Architectural Committee — Standards. The Architectural Committee shall have authority to approve architectural sketches within the meaning of Section 20.08.210, but all approvals shall be based on standards of good architectural design; such standards, which shall be entitled "Drawings and Illustrated Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of the City of Newport Beach", shall be approved by the Planning Commission and the I y City Council, and shall be on file in the City Building Inspector's Office. The drawings shall show 'desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. (1949 Code § 9105.6(e) added by Ord. 635; December 12, IM as amended by Ord. 845; April 14,1958). 20.69.240 Appeal from Architectural Committee Action. In case the apWicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Plan- ning Commission. The Architectural Committee may, if it deems advisable, refer any applications for architectural approval to the Planning Com- mission for its decision. (1949 Code 6 9105.6(d) added by Ord. 635; De- cember 12, 1950 as amended by Ord. 845; April 14, 1958). 20.08.250 Appeal from Planning Commission Action. In case the ap- plicant is not satisfied with the action of the Planning Commission, he may within 30 days appeal in writing to the City Council and the Council shall render its decision within 30 days after the filing of such appeal. (1949 Code § 9105.6(e) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14,1958). 2. 20.08.260 Approval of Plans Requisite to Permit Issuance. No permit shall be issued in any case as provided in Section 20.08.210 until such drawings and sketches have been approved by the Planning Commission or by the City Council in the event of appeal from the Planning Commis- sion, and all buildings, structures and grounds shall be in accordance with the drawings and sketches. (1049 Code § 9105.6(f.) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 421 (Newport Beach 11115186) EXHIBIT "C 11..of 24 A I 1 :., i� t f, Will I .•.' ' I� is +� +s., , S,R h4 ,_• ,.: ' ' q ?,. IK it ifrr ''ILL♦ , ` !/ y, ' ',1, 1 r , ..,<, ° Ll , IC 1q'. • rr 'J t rc..: 1 ty,.y_.. _ - Y! l ' i 20.08.270 " PLANNING AND ZONING Nl , • f_ 20.08.270 Mapped Streets. A. DEFINPfIONS. For the purpose of this section the following terms, phrases, words and their derivations shall have the primary meanings given herein. P. r` (1) "Applicant" shall mean any person applying for a building permit within this city. r. (2) "Building line" shall mean that certain line established by the City Council as herein provided. Within the area of a lot between such building line and an abutting street right -of -way, no structure shall be erected, constructed or maintained except as set forth herein. J1YI (3) "Building setback area" shall mean, the area of a lot between the "' „? !4 building line and abutting sti'det right -of -way, extending the full width I of such lot. (4) "Gender ". Any gender includes the other gender. (5) "General plan" shall mean a general plan or precise plan ap- proved by the City Council in accordance with applicable state law. I , , s (6) "Lot” shall mean any lot, parcel or other real property situated I'' 1 , 'I+di, within the City. '+ ! '; PI• (7) "Mapped street shall mean a future street which is laid out and till delineated on the General Plan of the City, and on a map of such size, ' scale and detail that the precise alignment of such street is ascertainable, , {FI and shall mean any local, secondary, primary, or major' street, whether existing or proposed, shown on map entitled "Master Plan, City of Newport �. Beach, California, Street and Highway ", adopted by City Council Resolu- tion No. 5224 on April 25, 1960, and all amendments thereto heretofore r i ..�.J, IP,,n..j• 1, ('Y adopted. till (8) "Notice of appeal" shall mean a written statement filed on a prescribed form, appealing to the City Council an action or decision of the Planning Commission hereunder. g (9) "Written notice" shall mean a notice in writing deposited in the P. h, i United States mail, postage prepaid, addressed to the last known address IN of the designated addressee. +1 Nl,r 'CC'b (10) "Owner" shall mean any person entitled to the use or possession of real property. ' • (11) "Person" shall mean any individual, firm, partnership, associa tion, corporation, company or organization of any kind, including public agencies. (12) "Shall" and "May" mean mandatory and permissive, respectively. (13) "Singular" and "Plural." The singular includes the plural and the plural includes the singular. (14) "Street" sha11 mean any street, highway, avenue, boulevard, road, alley, right -of -way, lane, place, square, walk or other public way which heretofore has been, or may hereafter, be dedicated or otherwise �r acquired by this city or other governmental agency for public street purposes. , ' I '' Sil�rt rlr4P' iNe�port HSeD 11!16/88) 422 EXHIBIT "C" - Pg' 12 of 24 611 A K I 1 4 I 423 (Newport Beach IIA5166) EXHIBIT "C" .-,,pg 13 of 24 zzo p, 0. 'j j GENERAL CONTROIZ. 2.0&370 (15) "Structure" and "Building.' are synonymous and shall mean anything constructed or erected from an assembly of materials or com ponent parts and which is attached or affixed to realty or which is in tended to rest other than temporarily thereupon, or which is attached to -low the ground. thi having a fixed location on or be something (16) Tenses. the present tense includes the past and future tenses, and where applicable vice versa. E. BUILDING LINES. Whr'' e e a lot abuts a public street, a building line is hereby established on said lot parallel to the front lot.line thereof and located, measured from the existing center of said street, a distance equal to the required depth of the front yard of said lot (as prescribed by the zoning ordinance), plus a distance equal to 1/2 of the ultimate width of said abutting street as such ultimate width is shown on the General Plan. C. PROTECTION OF RIGHTS-OF -WAY FOR FUTURE WIDENING OF EXISTING STREETS AND FOR MAPPED STREETS. (1) Establishment of future streets. - In accordance with applicable i provisions of state law, the City Council may designate and delineate mapped streets and make the same as part of the General Plan. When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way there- of, except as hereinafter specifically provided. (2) Building lines on partially dedicated streets. Where a lot or lots abut a street or streets upon which there has been a previous determina- tion by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall deter-, mine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan,- and thereafter such alignment shall be the basis for the establishment of a building line, as provided in Section 20.09.270 B hereof. (3) Amendment of the General Plait. Proceedings to amend the Gen- eral Plan by the designation of mapped streets for proposed widenings along. any existing street or portion thereof or for any future street may be initiated by the Planning Commission, by the City Council, or by any person filing a petition therefore with the Planning Commission., no Planning Commission shall thereupon process the matter as an amend- ment to the General Plan. Upon receiving such a recommendation of the Planning Commission and whenever the public peace, health, safety, interest or welfare is found to so require, the City Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the General Plan to be amended, accordingly as provided by state law. 423 (Newport Beach IIA5166) EXHIBIT "C" .-,,pg 13 of 24 i, , 6 'I ,y',tl, it .I'. . y 1' �,' ' '. ♦ ' n' �,. r ,1 r .,I, 'tq' � r yt F.t '.i1 ii r ,' � • '. r it tit e 2.08.270, PLANNING AND ZONING . ' ' D. BUILDING PERMITS; RESTRICTIONS: No building permit shall be issued for the construction of any structure in any building set- y ,` back area, or in the right -of -way of any mapped street. Temporary struc- tures such as walls, fences, signs or other easily removable structures, in- volving a cost of not to exceed One Thousand Dollars ($1,000), may be d permitted in such area with the approval of the Planning Director. ADMINISTRATIVE RELIEF.' (1) Hearings. Any applicant ag- grieved by the denial or conditional approval of a'building permit pursuant to Section 20.08.270 D. hereof may, by written notice, request a hearing , on such matter before the Planning Commission. The Planning Commission . iv 4. shall thereupon, and within forty (40) days thereafter, hold a hearing at ' n ' which the applicant and other interested persons shall be given the oppor "1. tunity to be heard. At least ten (10) days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed by certified mail to the applicant and to any other �.., person requesting such notice. ++ a. The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true: That the denial . of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage. to the applicant; or a that, in balancing the interest of the public in preserving the integrity of T t( mapped streets against the private interest of the owner of the land in p`f ,° i' ',;`, ' i „ `',j . • using his property, it is determined that the issuance of the building permit C is required in the interests of justice and equity. b. The Planning Commission shall not direct the issuance of the re quested building permit if it finds either of the following facts to be true. That the applicant will not be substantially damaged by relocating the ` proposed structure on the lot elsewhere than in the building setback area or in the mapped street; or that, in balancing the interest of the public y ; y and preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and dis- 4 a advantage to the public would be unreasonable and disproportionate to { "? yf the private benefits the owner would accrue from so using the property.. c. The Planning Commission may attach reasonable conditions to its I, j, d ecision. d. The applicant shall be.given written notice of the action taken by the Planning Commission. (2) Appeals. Any person dissatisfied with the decision of the Plan - r1 ning Commission may appeal such decision to the City Council by filing a written notice of appeal with the, City Clerk within fifteen (15) days after . 7r' 7 l the date of the mailing of the notice of the decision of the Planning Com- mission. The City Council shall set the matter before it within thirty (30) days; and shall, at least ten (10) days prior to the date fixed for the hear- + {' 424 . + i7 7 9erSF cx..wna..cnunaea> .EXHIBIT ."C11. p& 14 of 24 ,, ;'' p r "' !tS F f i F GENERAL CONTROLS . 20.08.280 ` t ing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any other person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and the applicant and appellant shall be notified of the de- cision of the City Council. F. ACQUISITION. After exhaustion of administrative relief as pro - vided in Section 20.08.270 E. (2) hereof, any applicant dissatisfied with > !'•..:' i''''. the final decision may, by written notice filed within fifteen (15) days after the date of the mailing of the notice of the decision of the City . Council, demand that the City acquire, by eminent domain or other avail - able proceeding, the land belonging to the applicant and located within the right -of -way of the mapped street: Upon failure of the City Council, within six (6) months thereafter, to commence such acquisition proceed- ings, or thereafter with reasonable diligence to prosecute the same to com- pletion, the applicant may reapply for such building permit and thereupon such building permit shall be issued. The provisions of subsections E. and F. above shall not apply where the dedication of the building setback area . or right -of -way of any mapped street has been required as a condition of approval of a subdivision or use permit. ';'•N: G. EXISTING STRUCTURES; RETROACTIVITY. Structures exist - - in on building setback areas and in mapped streets on the effective date of this, section shall be deemed to be legal nonconforming structures, sub - ject to the regulations, limitations, abatement and amortization provided in the Zoning Law. H. COMPLIANCE WITH OTHER LAW. This section shall not per- mit the construction, erection, placing or maintenance of any structure at any place where the same is prohibited by any other law, regulation or ordinance. I. The provisions of this section shall not apply to the installation of underground public utility' facilities except to the extent that the location of such facilities shall be approved by written permit from the City Engi- t neer.. (Ord. 1176 3 3; September 12,1966: prior 1949 Code $ 9105.9(b), added by Ord. 932; August 8, 1960). 20.08.280 Mapped Streets — Exclusions. The hereinafter described por- tions of mapped streets as shown on that map entitled "Master Plan, City of Newport Beach, California, Street and Highway," adopted by City Council Resolution No. 5224, shall be excluded from the provisions of Sec- tion 26.08.270 unless hereafter so designated as mapped streets as pro- vided herein: (1) Balboa Boulevard between 45th and 32nd Streets. * ' (2) Balboa Boulevard between Alvarado Street and 6th Street. (3) Newport Boulevard between 30th Street and McFadden Place. (4) Irving Avenue between 16th Street and Cliff Drive.. .425 1 (Newport Beech 11/16166) ., EXFIIBIT . "C" - pg 15 of 24. . ,yolyG PLA�NG 24.10 6i0- ^2o.10A20 . B uleva d . as } Avenue between 5th Avenue e $ g1Q5.9( °) ded . y 4r t (5) Marguer tember 12,1966: prior 1949 t' (Ora, 1176 �' 4;st 8 1960) " ` +' ' era. 932; Auga 2p,la Charter pISTIUCT a rt + Efe tr. ed20:1 Q QTR 1 ,` Y1sesPerm Building KEightt tw idth. 3 20. 0.038 1 rea ana coverage. a e. 20. site Area ` 20.10. .lards. l,ocatiotl anon$ $hall aPPl�e . wt 20.10.06 guilaing ecessorY xh rer 20.08 (1949 „ u 20.10.070 a following Chapter of Cho-PAX fir' At, t t 10.010 Eff °f Ect. to the PrO� 1950) fitted ix, the 20. Districts, s 15..December12r sh&11bep 8103 addedby Drd• The fallowaz*g u . �,rst 20.10.020 Uses YE mercial kennels, A,'DlStr'iCt: dwell Cial a$,,rie9, COm uwry ranChe6 (a) Sii'gle family awe e%cep 'nfarms, or cAmmer,eal ly awe111egE a ht farm or h a sing cErnm S (b) I'ig bit, fox, goal i iaental W rnittin% any iY C°mm °iM`ldl �E nSCB norm tea COn ed a$ s naYE fee In I i,;•. t (e) A is not mg 2 'l there- or +'( fins. This sign of exeseder oceuPant + light farm tification the own or j'i� u %e d) CriE name °pia t° the pr °PErtyr u t m area, to ad t area lyertaihe sign is located. exceeding 2 s a onfwhich it is 1 of the Y of, upon which plighted sign+ not the property to one number or any (e) One u rental or sale address and h E number, other he leaser the pantie, dress, tell orporation Sh6w only k s S n ' d+ bit fit, S h Sign may all n how the na f anypeon, £firm ° per, but Sh identification ab ve, one Pell n tion other desc P Said property. In subsection (e vites he general the owner o£ i men feet area, which itted 4 ' than f) In lieu of he s ware feet in t or sale, shall be n fol uspec• ( not exceeding a for lease, rep property is opt his a house sign he premise °time said P er his tenant, ch r i' °inspect hat at th ed the own display any , ublic playedt Pr en r °usE sign is nt plp mid PrOpE shall only be dit+QW thR 4 Zt nr , • ��. {t'r,j 1ir1,L,n- and the OP' CB and prESe n house sign an filet .ti`'. tibn Ills ttendan 0H+ �t�id oPe td or roll a agent is lri there OtoA. ro house oe build' grty b4 ins 1 16 o f or from the Pro" 426 $7T P,xiil 1 ' a . 4,11 ,yolyG PLA�NG 24.10 6i0- ^2o.10A20 . B uleva d . as } Avenue between 5th Avenue e $ g1Q5.9( °) ded . y 4r t (5) Marguer tember 12,1966: prior 1949 t' (Ora, 1176 �' 4;st 8 1960) " ` +' ' era. 932; Auga 2p,la Charter pISTIUCT a rt + Efe tr. ed20:1 Q QTR 1 ,` Y1sesPerm Building KEightt tw idth. 3 20. 0.038 1 rea ana coverage. a e. 20. site Area ` 20.10. .lards. l,ocatiotl anon$ $hall aPPl�e . wt 20.10.06 guilaing ecessorY xh rer 20.08 (1949 „ u 20.10.070 a following Chapter of Cho-PAX fir' At, t t 10.010 Eff °f Ect. to the PrO� 1950) fitted ix, the 20. Districts, s 15..December12r sh&11bep 8103 addedby Drd• The fallowaz*g u . �,rst 20.10.020 Uses YE mercial kennels, A,'DlStr'iCt: dwell Cial a$,,rie9, COm uwry ranChe6 (a) Sii'gle family awe e%cep 'nfarms, or cAmmer,eal ly awe111egE a ht farm or h a sing cErnm S (b) I'ig bit, fox, goal i iaental W rnittin% any iY C°mm °iM`ldl �E nSCB norm tea COn ed a$ s naYE fee In I i,;•. t (e) A is not mg 2 'l there- or +'( fins. This sign of exeseder oceuPant + light farm tification the own or j'i� u %e d) CriE name °pia t° the pr °PErtyr u t m area, to ad t area lyertaihe sign is located. exceeding 2 s a onfwhich it is 1 of the Y of, upon which plighted sign+ not the property to one number or any (e) One u rental or sale address and h E number, other he leaser the pantie, dress, tell orporation Sh6w only k s S n ' d+ bit fit, S h Sign may all n how the na f anypeon, £firm ° per, but Sh identification ab ve, one Pell n tion other desc P Said property. In subsection (e vites he general the owner o£ i men feet area, which itted 4 ' than f) In lieu of he s ware feet in t or sale, shall be n fol uspec• ( not exceeding a for lease, rep property is opt his a house sign he premise °time said P er his tenant, ch r i' °inspect hat at th ed the own display any , ublic playedt Pr en r °usE sign is nt plp mid PrOpE shall only be dit+QW thR 4 Zt nr , • ��. {t'r,j 1ir1,L,n- and the OP' CB and prESe n house sign an filet .ti`'. tibn Ills ttendan 0H+ �t�id oPe td or roll a agent is lri there OtoA. ro house oe build' grty b4 ins 1 16 o f or from the Pro" 426 $7T P,xiil M. EXCERPT FROM THE NEWPORT BEACH MUNICIPAL CODE 20.19.030- 20.19.070 PLANNING AND ZONING 0.19,030 Uses Requiring Use Permit The following uses shall be t per ' ted subject to, first securing a Use Permit in each case: Dance studio , restaurants, retail sales and interior decorator studios. (Ord. 1170 5 rt) ; July 25, 1966). 20.19.040 ui{ding IIcight Limit —floor Area. The total floor area N contained in a uildings on a building site in an A -P District shall not , exceed two times a buildable area of said site; provided, however, that C floor area devoted. parking within a building s) all not be considered in determining the to floor area allowed; and provided, further, that in no event shall a ny bu ing exceed a height of 35 feet. (Ord. 1170 5 (part) ; July 25,1960) . 20.19.050:. Site Area. The b • ding site area required shall be a mini - mum. of 2,000 square feet. The m 'mum building site frontage required shall be 25 feet. (Ord, 1170 S 5 (part) , my 25,1.966). 20.19.000, . Yards. A. FRONT YA S. The minim um width re -. . quired for front yards shall be 15 feet; pro ' ed, however, that where the frontage in a block is partially in an R Dist ' t the front, yard shall be not less than that required in such R District. B.. REAR YARDS. No rear yards shall be uired, except where' the rear of a lot abuts on an R District, in which case e rear yard shall be not less than 5. feet. Rear yards abutting on alleys shall have a minimum VPi h of 10 feet. (Ord. 1170 § 5(part) ; July 25,1966). 20.19.070 Automobile Storage or Parking Space. When an trict is combined with an " —H" or " —Z" District, accessible storm space for the parking automobiles off the street shall be provided a forth in Chapters 20.38 and 20.40. (Ord. 1170 � 5(part); July 25, 1 C1 20 20 iaptei GN DISTRICT Sections: 20.20.010. Effect of Chapter. 20.20.020 Uses Permitted. (Newport Seech,li /lb /68) 430 -6 Dis- or s t 966). 1 E >'AZBIT uCn -,;'09 17, of 24: - 7 -ROPA THE. � NC-. �i'10ISTr ^.fiCl1CH• ^JiU1���.�ifl C��EO.OGO 1 20.20.030 Uses Requiring Use Permit. 20.20.0.0 13 A ing'Height Limit —floor Area. 20.20.050 Site Area. 20.20.060 Yards. 20.20070 Automobile Storage or Parking Space. 20.20.010 Effect on Chapter. The following regulations shall apply in all C -N Districts, subject to the provisions of Chapter 2008. (1949 Code § 9103.480 added by Ord. 845; April 14, 1958). 20.20.020 Uses Permitted. The following uses shall be permitted in C -N Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments within a build - mg, including appliance stores, bakeries (not wholesale), 'banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, restaurants, an- tique shops, shoe shops, studios, tailor shops, and other uses which in the I opinion of the planning commission are of a similar nature. (c) One non - flashing sign appurtenant to any permitted use and not over 35 square feet in area for each side (if two sides are used). (1949 Code § 9103.481 added by Ord. 845; April 14, 1958 as amended by Ord. 1016; November 13, 1962). 2020.030 Uses acquiring Use : ermit. The following uses shall be per- mitted subject to the securing of a use permit in each case: gasoline service stations, non - flashing signs in excess of 35 square feet in area, non- flashing signs not appurtenant to any permitted use.: (Ord. 1193 § 1; November 28, 1966: prior 1949 Code § 9103.481.1 added by Ord. 1016; lovember �i 20.20.040 i uilding ::eight Limit—Moor Area. The total floor area ?l contained in all buildings on a building site in a C -\ District shall not exceed two times the buildable area of said site; provided, however, that ii floor area devoted to parking within a building shall not be considered in I! determining the total floor area allowed, and provided further that in no event shall any building exceed a height of 35 feet. (1949 Code § 9101452 I� added by Ord. 845; April 14, 1958 as amended by Ord. 974; October 30, i, it 20.20.050 Site Area. The building site area required shall be a min:- mum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (1949 Code § 9103 483 added by Ord.' 845; April 14, 1958 as amended by Ord. 974; October 30, 19601). r 20.20.00000 Yards. Front yards shall have a minimum w dth of 15 feet; n provided, however, that where the frontage in a bioci_ partially in an R district, the front yard s.all be not less than that req�,ire , in such R I I ;i 43i • { .. ti00W�10. —i iia."u•+i u�irl4if • EXIIIBIT ii�n _ Po 1 S o 24 W r ' I I EXC7 : "'�T FROM THE NEWPORT BEACH MUNICIPAL CODE' l 20.20.070- 20.22.040. PLANNING ANp ZONING. i District. (1949 Code § 9103.484 added by Ord. 845; April 14, 1958 as amended by Ord. 974;• October 30, 1961) 20.20.070 Automobile Storage and Parking Space. When a C -N dis- trict is combined with an " —H" or " —Z" district, accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.38 and Chapter 20.40. (1949 Code § 9103.485 added by Ord. 974; October 30, 1961). , Chapter 20.22 C -O DISTRICT Sections: 20.22.010 ' Effect of Chapter. ! 20.22.020 Use Permitted. 20.22.030 Uses Requiring Use Permit. 20.22.040 . -Building Height Limit —, Floor Area. 20.22.050 Site Area. 20.22.060 Yards. 20.22.070 Automobile Storage or Parking Space. 20.22.010 Effect of Chapter. The following regulations shall apply in y 1 all C -0 Districts, subject to the provisions of Chapter 20.08. (1949 Code 9101490 added by Ord. 913; February 23, 1960). - 20.22.020 Use Permitted. The following uses shall be permitted in ' ` .. C -0 Districts: (a) Multiple dwellings or apartment houses, hotels, motels, profes- sional offices, clubs, and restaurants. (b) Retail sales, and wholesale sales when combined with retail sales of a similar nature; storage therefor shall be within a building; except ' for boats. (c) Signs appurtenant to any permitted use. (1949 Code § 9103.491 added by Ord. 913; February 23, 1960). 20.22.030 Uses Requiring Use Permit. The following uses shall be permitted subject to securing of a Use Permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Gasoline seLwice stations. (c) Signs, other than those appurtenant to any permitted use. (1949 Code •§ 9103.492 added by Ord. 913; February. 23, 1960 as amended by Ord. 1016; November 13,1962). { 20.22.040 Building Height Limit —Floor Area. The total floor area contained in all buildings on. a building site in a C -0 District shall not 2. For bicycles registration and regulatiors See Chapter 12.56. 432 (Newport Beach 1 /15 /6"n - ' EXHIBIT uCi( pg 19 of 24 d �i • 1. r EXCERPT FROM THE NEWPORT BEACH MUNICIPAL COD_ C -0 DISTRICT 20.22.050 - 20.22.060 exceed five times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed a height of 85 feet except that the mechan- ical appurtenances thereof may exceed the height limit by a maximum of 15 feet. (1949 Code § 9103.493 added by Ord. 913; February 23, 1960 as amended by Ord. 974; October 30, 1961). 20.22.050 Site Area. A. GENERAL. The Building Site Area re- quired shall be a minimum of 2,000 +square feet. Minimum building site frontage shall be 25. feet. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. (1949 Code § 9103.494 added by Ord. 913; February 23, 1960 as amended by Ord. 974; October 30, 1961). 20.22.060 Yards. A. FRONT YARDS. Except as may be indicated on the Districting Maps, no front yards shall be required; provided, how - ever, that where the frontage in a block is partially in an R District, the Qfront yard shall be the same as required in such R District. _ B. SIDE YARDS. For buildings in excess of three stories in height, which are designed exclusively for uses other than residential, there shall be a side yard on each side of the building, beginning with the fourth story, of not less than five feet. The side yards shall be increased in ' width a distance equal to two percent of the average width of lot for each story in excess of four. In no event, however, shall a side yard of more than 25 feet be required. For buildings designed to be used in whole or in part for residential purposes, there shall be a side yard on each side of the building, begin- ning with the first story used in whole or in part for residential purposes, of not less than five feet, increasing in width thereafter a distance equal to two percent of the average width of the lot for each story above the first story used for residential purposes. In no event, however, shall a side yard of more than 25 feet be required. '. Where the side of a lot abuts the side line of a lot in an R District, the aforementioned requirements shall apply for the side yard abutting the R District at the ground level for all buildings. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall :.. be not less than five feet. Rear yards abutting on alleys shall have a minimum width of ten feet. (1949 Code § 9103.495 added by Ord. 913; February 23, 1960 as amended by Ord. 1052; August 26, 1963). EXHIBIT "C" - pg -20 of 24 e EXCERPT FROM THE NdWPORT BEACH MUNICIPAL COC`' {} 20.22.070- 20.24.030 PLANNING AND ZONING { 20.22.0711 Automobile Storage or Ilarking Space. When a C -0 District E is combined with an " —H" or " —Z" District, accessible storage or space for parking of automobiles off the street shall be provided as set forth in Chapter 20.38 and Chapter 20.40. (1949 Code § 9103.496 added by Ord. �. 974; October 30, 1961). Chapter 20.2n• Gl DISTRICT Sections: 20.24.010 Effect of Chapter. 20.24.020 Uses Permitted. 20.24.030 Uses Requiring Use Permit. 20.24.040. Building Height Limit —Floor Area. 20.24.050 Site Area. 20.24.060 Yards. 20.24.070 Automobile Storage or Parking Space. 20.24.010 Effect of Chapter. The following regulations shall apply in all C -1 Districts, subject to the provisions of Chapter 20.08. (1949 Code 9103.5 added by Ord. 635; December 12, 1950). 20.24.020 Uses Permitted. The following uses shall be permitted in C -1 Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments within a build in-, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, hook stores, department stores, drug stores, food shops, hardware stores, nurscrics, offices, radio stores, restaurants, an- tique shops, shoe shops, studios, tailor shops, and other uses which in P the opinion of the Planning Commission are of a similar nature. (c) Signs appurtenant to any permitted use. (1949 Code § 9103.51 { l added by Ord. 635; December 12, 1950 as amended by Ord. 1016; November 13, 1962). h" 20.24.030 Uses Requiring Use Permit. The following use shall be per- mitted subject to the securing of a Use Permit in each case: (a) Animal hospitals, auto sales and repair shops, boat sales; gasoline- service stations,. marine service stations, cleaning establishments,launder- ies, launderettes, mortuaries, outdoor markets, wholesale stores, outdoor "sales' establishmerts, pet shops, public garages, trailer courts, theatres, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar. nature. 434 EXHIBIT "C" –'p&,21-of .24 I �i 1. EXCERPT FROM THE NEWPORT BEACH MUNICIPAL CODE " —H" DISTRICT 20.36.030- 20.36.050 Combining Designation B-3: Building site area 20,000 square feet. Lot width 100 feet. of length 150 feet. Fi nt yard 15 feet. Rea and 10 feet. Side d 1P feet. Maximu coverage - 60 percent is Combining esignation B -4: As designated on zoning map; provided, . that no require" its be less than B -3 regulations. All setbacks on the street side of a core r lot shall not be less than that required on existing or adjacent reversed ontage when such exists. (1949 Code § 9104.11 ' added by Ord. 635; Dec ber 12, 1950 as amended by Ord. 845; April 14, '. 1.958). 20.36.030 Uncovered Rea and Area. There shall be a minimum of . 750 square feet of rear yard la area adjoining the main dwelling main- tained uncovered. (1949 Code § 04.11 -1 added by Ord. 845; April 14, 1958). 20.36.040 Slope Ratio Approval quired. Any banks graded or benched for building sites in " 'ets —B" Dis. wherein cuts are required, leaving banks or slopes of a greater grade an a ratio of 3 to 1, shall be approved by the Planning Commission prior t btaining a building permit. . (1949. Code § 9104.12 added by Ord. 635; Dece ber 12, 1950 as amended ` by Ord. 845; April 14, 1958). 20.3G.050 Site Area. The following minimum b ding site area shall be required for each family unit (maximum density mitted in R Dis -. tricts where combined with " —B" District) R -2 R-3 i B 3000 sq. ft. .1500 sq. ft. 1250 s ft. B -1 3000 sq. ft. 1500 sq. ft. 1250 sq. B -2 3000 sq, ft. 2000 sq, ft. 1500 sq. ft. -3 B 3000 sq. ft. 2000 sq. ft 1500 sq. ft. (1949 Code § 9104.13 added by Ord. 635; December 12,,1950 as amei ed. by Ord. 8'45; April 14,1958). I . , Chapter 20.38 r .. .�_H» DISTRICT t, Sections: 20.38.010 Effect of Chapter. 20.38.020 Uses Permitted. 445 f EXHIBIT "C" – pg 22 of 24, .I 0 1 l i i EXCERPT FROW T.HE 20.38.010- 20.38.030 PLANNING AND LdMftORT ,BEACH .MUNICIPAL: CODE 20.38.030 Off- Street Parking Required — Schedule. 20.38.040 ,Off- Street Parking on Separate Lot. 20.38.050 Building Location. 20.38.010 U4 feet of Chapter. The following regulations shall apply in all C and M Districts with which are combined " —H" Districts, in addi- tion to the regulation hereinbefore specified therefor, and shall be sub- ject to the provisions of Chapter 20.08; provided, however, that if any ` of the regulations specified in Section 20.38.020 and 20.38.030 differ from any of the corresponding regulations specified in this Chapter for any district with which is combined an " —H" District, then in such case the provisions of Sections 20.38.020 and 20.38.030 shall govern. (1949 Code .' 9104.2 added by Ord: 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.38.020 Uses Permitted. The following uses shall be permitted in " —H" Districts: All uses permitted in the respective districts with which the " —H" District is combined, subject to approval as to design of buildings and design and location of parking lot; except, however, as provided in Sections 20.38.030 and 20.38.040. (1949 Code § 9104.21(part) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.38.030 Off- Street Parking Required--Schedule. Off - Street parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the'building site or sites, shall be required in all districts with which the " —H" District is . combined, according to the following formula: (a) Retail Stores: One parking space for each 250 square feet and one loading space for each 10,000 square feet of store floor area. (b) Office Buildings: One parking space for each 250 square feet of floor area. (c) Wholesale and Industry: One parking space for each 2,000 '. square feet of gross floor area and one loading, space for each 10,000 square feet of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (d) Restaurants: One parking space for each three seats. (e) Public Assembly: One parking space for each five seats. (f) Theatres: One parking space for each five seats. (g) Hotels: One parking space for each two guest rooms. (h) Hospitals: One parking space for each bed, and in addition one parking spac6 for each resident doctor and one for each employee. . (i) Clinics: One parking space for each 250 square feet of floor area, plus one additional space for each doctor and one for each employee. 446 I -- -- _-_._." EXHIBIT 7`7­23-6 f "24 EXCERPT FROM THE NL- --WPORT BEACH MUNICIPAL CODE =Z" DISTRICT 20.38,040- 20,38.050 (j) Motels: One parking space for each guest unit. (1949 Code § 9104.21(a) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.38.040 Off - Street Parking on Separate Lot. The Planning Commis- sion shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (a) Such lot is so located `as to be useful in connection with the pro- posed use or uses on the building site or sites, (b) Parking on, such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a lease - hold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of . the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or addi- tional use be propo sed the off -stre , et'parking regulations, applicable at the time shall apply.. Such instruments shall >be rccorded in the office of the County Recorder. and copies thereof filed with the Building Depart- ment and Planning Department. (1949 Code § 9104.21(b) added by Ord. 635; December 12, 1950 as amended. by Ord. 901; December 28, 1959). 20.38.050 Building Location. In case no building line is established by the Street and Highway Plan of the Master Plan or by the provisions of this Chapter for the street on which any building will front, in any district with which an " —H" District is combined, no such building shall be erected, constructed, moved or structurally altered „so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be inci- dental to the use of such building. Such distance to be designated by the Planning. Commission as a part of the action on plans submitted with the - application for a permit for such building, as provided in Chapter 20.08. - (1949 Code § 9104.22 added by Ord. 635; December 12, 1950). Chapter 20.4.0 DISTRICT Sections: ' 20.40.010 Effect of Chapter. - - 2n 4f) 119A Tkpa PAr if+ar9 . i EXHIBIT nCn _ 24 .of, 24... P>�, i C_ �zSJ 8-6995 AGREEMENT FOR PURCHASE AND SALE UNDER THREAT OF EMINENT DOMAIN THIS AGREEMENT FOR PURCHASE AND SALE made as of this 15th day of September , 1969, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter "Buyer ", and THE IRVINE COMPANY, a West Virginia corporation, hereinafter "Seller ". RECITALS Seller is the owner of certain real property as delineated in red on Exhibit "A" attached hereto. Buyer wishes to acquire said property as a site for a municipal center, and to this end has adopted a resolution authorizing the exercise of the power of eminent domain for its acquisition. The parties hereto mutually desire to provide for the purchase and sale of said property upon mutually acceptable terms to avoid necessity of an action in eminent domain. W I T N E S S E T H: 1. Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to buy from Seller, those certain three parcels of real property as delineated on Exhibit "A" attached hereto as parcels 1, 2, and 3. Upon full execution of this Agreement by the parties hereto, Buyer shall prepare, subject to the approval* of Seller, a parcel map delineating the property to be conveyed and cause said parcel map to be recorded. The legal description to be inserted in the deed hereinafter provided shall be taken from said parcel map. 2. Seller shall convey the subject property to Buyer within ten (10) days after recording of the above described parcel map by corporation grant deed, and Buyer will accept said -1- conveyance as soon as it is able to obtain a standard CLTA owners title insurance policy insuring the City as vestee. Seller agrees to allow Buyer a credit against the purchase price for the subject property in the amount expended by Buyer to obtain the above described title insurance. The legal description to be inserted in said deed shall be taken from said parcel map. Conveyance shall be subject to the following: (a) Real property taxes for the fiscal year 1969 -1970; (b) Covenants, conditions, restrictions and public utility easements of record as of the date of said deed; (c) Reservation in favor of Seller and its successors and assigns of all oil, gas, petroleum and other hydrocarbon substances in and under the option property, together with all necessary and convenient rights to explore for, develop, produce, extract and take the same, subject to the express limitation that any and all operations for the exploration, development, pro- duction, extraction and taking of any of said substances shall be carried on at levels below the depth of five hundred (500) feet from the surface of said land by means of wells, derrick and /or other equipment from surface locations on adjoining or neighbor- ing land, and subject further to the express limitation that the foregoing reservation shall in no way be interpreted to include any right of entry in and upon the surface of the land hereinabove described. It is understood by the parties that the above stated reservation is expressly subject to all restrictions and regulations concerning the drilling for and production of oil, gas, petroleum, and other hydrocarbon substances, which are contained in the City Charter or the municipal ordinances of the City of Newport Beach; (d) Subject to the condition that, for a period of twenty -five years from the date of the deed, use of the above -2- described property shall be limited to those uses and subject to those restrictions, as set forth in the zoning classifications applicable to said property as of the date of deed, which are C -N -H and C -0 -H, as provided in Title 20 of the Newport Beach Municipal Code. It is agreed that the foregoing limitations and restrictions on the use of the property may be changed during said 25 -year period if the written consent of The Irvine Company, its successors or assigns, is first obtained. In addition, during said 25 -year period, The Irvine Company shall have the right to review and to approve or disapprove the location of any proposed buildings to be located on the portion of the above described property in zoning classification C -0 -H if said buildings will exceed thirty -five feet in height. For convenience only, a copy of said zoning ordinance as in effect on the date thereof shall be attached to said deed as an exhibit. Should Buyer, its successors or assigns, attempt to use said property or any part thereof for any use other than those above permitted, then the subject property shall revert to Seller, its successors or assigns, each and any of whom shall have the right in any such event to reenter and take possession of said property and oust all persons therefrom. The foregoing condition shall operate as a condition subsequent and shall apply to and bind the Buyer and its successors and assigns and all other persons acquiring any interest in said property; (e) Subject to a condition that if at any time within twenty -five (25) years from the date of the deed, Buyer shall propose to sell or lease all or any portion of the subject property, whether voluntarily or by eminent domain, Seller shall have the option to purchase the property to be sold, at the original purchase price, prorated on an acreage basis in the event of a proposed sale or lease of only a portion of the subject property. Buyer shall notify Seller in writing of its intent to make bona fide sale or lease, precisely describing the -3- parcel to be sold or leased, and Seller shall have thirty (30) days in which to notify Buyer if it wishes to exercise its option. If Seller shall exercise said option, an escrow for the purchase shall be opened within five (5) days with Title Insurance and Trust Company, which escrow shall have the term thirty (30) days. Buyer shall convey title to Seller subject only to those matters of record as of the date of the deed and subsequent matters to which Seller shall have given its consent. The parties shall each pay one -half (1/2) the cost of escrow, and Buyer shall pay for a CLTA owners policy of title insurance and documentary tax stamps, if required; (f) Subject to all the terms and conditions of this agreement. 3. The purchase price for the subject property shall be One Million Eight Hundred Thirty -Four Thousand Five Hundred Dollars ($1,834,500.00) evidenced by a note in the form attached hereto as Exhibit "B ". Buyer shall deliver said note to Seller fully executed at the time that Seller shall deliver to Buyer the deed. It is mutually agreed by the parties hereto that if Buyer shall not pay said note upon the due date thereof, Seller shall have the election to enforce payment of the note or may, at its sole option, exercised within 90 days after default, elect to require Buyer to reconvey the subject property to Seller. If Buyer defaults and Seller notifies Buyer that it intends to enforce the note, Buyer agrees that it will, commencing with the 1973 -1974 fiscal year, set aside each year in a special trust fund account the sum of $150,000.00 in revenues accruing to the City from the sales and use taxes. Buyer further agrees to annually transfer the monies held in the account to Seller until such time as the full amount of the principal and interest on the note is paid. The obligation of the City under this agreement to pay Seller the purchase price of said property shall not be a -4- lien, charge or encumbrance, legal or equitable, on any City property, or upon any of the income, receipts or other revenues of the City, other than those specific revenues derived from the sales and use taxes received by the City as hereinabove described. It is specifically agreed by the parties hereto that the purchase price for the subject property established herein represents the best estimate of the parties of the fair market value of the subject property as of the due date of said note, and Buyer hereby specifically stipulates that said obligation to reconvey shall be specifically enforceable, and that satisfaction of the subject note shall be deemed fair consideration for said reconveyance. 4. Taxes on the subject property shall be prorated as of the date of conveyance. In the event that Seller shall have prepaid taxes on the subject property, Buyer shall immediately reimburse Seller for said advance taxes, and shall be solely responsible for obtaining any refund of taxes under Revenue Code Section 5096.7, or any other applicable section. Buyer shall take all necessary action pursuant to the Revenue and Taxation Code to cause the subject property to be removed from the property tax rolls. buyer hereby agrees to indemnify and hold Seller harmless from any and all real property taxes or assessments which may be assessed against the subject property after the date of conveyance unless and until such time as Seller shall demand reconveyance under the provisions of paragraph 2 (e) above. 5. After close of escrow, and within sixty (60) days after receiving a written request from Buyer, Seller agrees to commence and diligently pursue to completion the following improvements: (a) Grade and contour the subject property in accordance with grading plans depicted on the document attached -5- hereto as Exhibit "C" and made a part hereof; (b) Construct Civic Center Drive as depicted on Exhibit "A" hereto for its full width, including a fifty -two (52) foot wide paved travel way, concrete curbs and gutters, land- scaping and street lighting; (c) Construct within Avocado Street a thirty -two (32) foot portion of paved travel way, concrete curbs and gutters, and landscaping; (d) Install an eight (8) inch VCP sewer line and twelve (12) inch water line in Civic Center Drive; and (e) Install a storm drain structure within the Civic Center Drive right of way and along that portion of Newport Center Drive fronting the subject property. Seller shall not be required to construct or pay for any other on or off site improvements to the subject property, or any utility service charge, whether based on acreage or any measure, with the exception that Seller agrees to pay for any charges imposed by the Southern California Edison Company pursuant to the Underground 121CV Backbone System Agreement. 6. It is mutually agreed that, upon payment of the following sums, as to the parcels indicated, the obligation of Buyer to reconvey under paragraph 3 above shall be terminated: Parcel 1 - $670,000.00 Parcel 2 - $370,400.00 Parcel 3 - $794,100.00 Buyer shall not commence construction of any buildings on any individual parcel of land until the price for said parcel has been paid, nor shall Seller be required to install any improvements pursuant to paragraph 5 until the release price under -6- 0 paragraph 6 for one parcel has been paid. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. THE IRVINE-COMPANY CITY F NEWPORT BEACH By � . By By - By �\: \N E Co y�A CITY CLERK' APPROVED AS TO FORM: S E A L City Agtorney THS:e 9/3/69 T VIR'���� -7- • 0 PARCEL GRAPH IC SCALE co n Jam. °a NGE �s yI iMr�R �yl o ` � Rptpy[O Li.c'.LCO r,JL JSYHfp[1 � II qET ip,il�LS. LOPS1 OOMIWED. By LYIY Lq'gtl'L :6P1. B, 161' SX11 181T A " PROMISSORY NOTE - INSTALLMENT $1,834,500.00 SeEtember 15 , 1969 In installments, as hereinafter set forth, the undersigned promises to pay to THE IRVINE COMPANY, a West Virginia corpora- tion, or order, at 550 Newport Center Drive, Newport Beach, California, the sum of One Million Eight Hundred Thirty -four Thousand Five Hundred and no /100 Dollars ($1,834,500.00) with interest from date at the rate of four per cent (4%) per annum until paid, interest payable monthly. Principal shall be payable in two (2) installments as follows: (a) Two Hundred Thousand and no /100 Dollars ($200,000.00) April 25, 1974; (b) One Million Six Hundred Thirty -four Thousand Five Hundred and no /100 Dollars ($1,634,500.00) May 5, 1974. Said principal may be paid at any earlier time, provided: (1) Not more than twenty -five per cent (25 %) of the principal amount shall be paid prior to April 30, 1970; (2) said principal shall be payable in at least two (2) installments, each of which shall be not less than Two Hundred Thousand and no /100 Dollars ($200,000.00); and (3) at least two (2) of such installments shall be paid in different tax years of the payee, said tax years being May 1 through April 30. Payee shall not be required to accept any early payments which do not satisfy these criteria. Should interest not be so paid it shall thereafter bear like interest as the principal, but such unpaid interest so compounded shall not exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. Should default be made in payment of interest when due, the whole sum of principal and interest shall become immediately due at the -I- EXHIBIT "B" option of the holder of this note. Principal and interest payable in lawful money of the United States. If action be instituted on this note, the undersigned promises to pay such sum as the court may fix as attorneys' fees. This note shall be payable only from the proceeds of that certain trust fund to be established by the City of Newport Beach pursuant to the terms of the agreement between the City and The Irvine Company, entitled "Agreement for Purchase and Sale Under Threat of Eminent Domain," dated __September 15 , 1969, to which fund the City has agreed to transfer One Hundred Fifty Thousand and no /100 Dollars ($150,000.00) each year from the revenues derived by the City from the State of California as the City's allocation of sales and use taxes, and this note shall not be deemed to pledge the general credit of the City, nor shall it create, or be used as a basis for creating, a lien, charge, or encumbrance, legal or equitable, on any City property, or upon any of the income, receipts or other revenues of the City, other than those specific revenues derived from the sales and use taxes paid to the City by the State of California as described above. APPROVED AS TO FORM: /s/ Tully H. Seymour My Attorney CITY OF NEWPORT BEACH By: /s/ Doreen Marshall Mayor ATTEST: /s/ Laura Lagios city Clerk �2_ THS:mh 12/8/69 •: a 0 �Al GF�E �pF G�F�Np COW � a C�pl� D� o ioo 2W SOO Joon. �PAPf -/ /C SCALE SCE �uA 'NrER Pa� %av �F�B�Vr /,wu�vr1rcC /0 ✓M155 3l/B M. R, FL FCS 2a?eala)r ao Griiivro+/ BM1t4R. 'avacnve aav -axa e• Ci0IE0 � TjiG -G6 ' per rnv cawfic s�ca+q iraworauer �,ve quv nwnays wa/ry �i awc czwro bn+ 1erw -fnt -+ awiisi 1' �I 3, 4 I 5j 6 71 811 91 10 11 12 i3 lib 15 16 17 18 19 20 21 22 23 F.i! 25 26 27 28 29 gel 311 do m"01 101 to. 6997, A 07 T111". CITY C'.3U"CIL 07 TIM CITY OF t %v°t ?:1:T BEACH )X- 1 1J 1 0i. 1i L✓IZa ING T.\ iM is=U ON Jr A Vr.�AJ11 - 1w. + LL :r a 11 i V.E CITY AND 'ME— MIr"M COt °w.. "m : 0 0 i 1 ;I RLSGL'JTIGiQ NO 6 99 6 itnnnn m 0A 2i� A,.�o..L'J..I"avF T:,:: CIT". CGC:3C;L OF T;.E CITY OF 1^:(i v ^ii1 EL.P.CII AUTVGILIZINC THE Ei x CIITIGiv OF A FROMISSUtY NOTE P:,kA''LE TO Ul DVI? C0111"PN' ON TS;: W.LF OF THE CI'PY RET.ATING TO T1HZ 4' CWic CENTER PROP RTY IN THE NE11PORT CENTM, I 5'1 6 ;1 Wi1'Z.REAS, t:ie City Council has determiaed that it would I 7' be in the best interests of the City to purchase a parcel of I 8 rO�erty from Tile IrvLne Company in the Newport Center for u3c as U 9 a Civic Center site; and 10; F:�iEREAS, thure has been presented to the City Council u 1111 prOmIzsory note in the aw.ouut of $1,034,500.00, payable four years 12 after date, Willi iaLare6L irOia dale at the rate of 4% Per an nuz-, 13. witil paid, payable moan lly; and 14 W1 f".EAS, tae City Council wis'r.es Lo authorize execution 15 of said note oa behalf of the City; 16,1 Now, iz1:A CVL'Ej 3E IT RESOLVED by the Council of t :e i 17 City of Newport Deach tkat the Mayor and City Clerk are hereby 18; aut- ',Orized to execute the above described promissory note on b;s:al 1911 Of t"'.12 City Of New00rt 1,ZL..h. 20 ADO?TED THIS t r day of „ , , 1969. 22'I ( 1 iayu- 24 25.1 26 . C:ir y li?r 1C i 27 28i 291 i I 30 31 T1'S:rh 32.1 5%23JS9 M R4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26, 271, 28', 29 301 31! 32! i 10 RESOLUTION N0. _6995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF N7MIPORT 11=H AUTIIORIZI.�C THE EXECUTION OF AN ArRI:'.MIENT WITH THE IIIVINE COVIPANY ENTITLED "ACRE;IMNT FM, PURCHASE: AND SALE UNDER THREAT OF RMINENT DOHAIN" t -IHICH PROVIDES FOR TILE PURCHASE BY THE CITY OF PROPERTY IN THE NEWPORT CENTER FOR USE AS A CIVIC CENTER SITE WHEREAS, the City Council has determined that it would be in the best interest of the City to acquire a parcel of property in the Newport Center for use as a Civic Center site; and i WHEREAS, there has been presented to the City Council an agreement, entitled "Agreement for Purchase and Salo Under Three of Eminent Domain ", which provides for the sale of said property, as specifically described in said agreement, to the City by the Irvine Company; and WHEREAS, the City Council has considered the terms of ! i said agreement and wishes to authorize its execution on behalf of the City; NOW, THEREFORE, BE IT RESOLVED by the Council of the C of Newport Beach that the Mayor and City Clerk are hereby author to execute said agreement on behalf of the City of Newport Beach. ADOPTED this 1( rA day of ma� .. 19690 ATTEST; li �✓ ulty LYer. The Irvine Company 340 Newport Center Drive Newport Beach, California 92660 October 28, 1969 Enclosed for your tiles is a fully executed copy of Agreement for Purchase and We between the City of Newport Beach and The Irvine Company is connection with acquisition of site for a municipal Civic Center. This agreement was authorised by the City Council at its- meeting on May Z6,. 1969 by the adoption of Resolution No. 6994. Laura Legios City Clerk LL:dg Encl. cc: rinance Department w 6 a. f 11 -19 -69 This Promissory Note to be replaced, per Tully Seymour this date. After new note has been signed, Ground Lease can be completed. DG 0 PROMIStMY %NOTE C� $19834,500.00 S9(ptember 15 , 1969 Four years after date, or earlier, without grace, the undersi d promises to pay to THE IRVINE OMPANY, a West Virginia corporation, or order, at 550 Newport Ce er Drive, Newport Beach, California, th sum of One Million Eig Hundred Thirty -Four Thousand Five Hun red Dollars ($1,834,500.00) with interest from date at the rate of our percent ( ) per annum until paid, payable monthly. Sho ld interest of be so paid it shall thereafter bear like interest as t e princi al, but such unpaid interest so compounded shall not exce d an mount equal to simple interest on the unpaid principal at the imum rate permitted by law. Should default be made in payment o interest when due, the whole sum of principal and interest shal be ome immediately due at the option of the holder of this note Pri ipal and interest payable in lawful money of the Unite States. If action be instituted on this note, the undersigned p omises to p such sum as the court may fix as attorneys' fees. This note s all be payable o y from the proceeds of that certain trust fund be established by he City of Newport Beach pursuant to the t of the agreement be een the City and The Irvine Company, titled "Agreement for Pur hase and Sale Under Threat of Emin Domain ", dated September 5 , 1969, to which fund the Cit as agreed to transfer One Hundr Fifty Thousand Dollars ($1 0,000.00) each year from the revenue derived by the City from the State of California as the City's al ocation of sales a use taxes, and this note shall not be dee ed to pledge the ge eral credit of the City, nor shall it create, r be used as j a ba s for creating, a lien, charge, or encumbrance, egal or EXHIBIT "B" equita \deri City property, or upon any of the in me, receiprevenues of the City, other than ose specific revenurom the sales and use taxes p d to the City by the lifornia as described abov APPROVED AS TO_ FORM: Y, ITY OF NEWPORT BEACH CLERK n • r �Y. THS :mh -2- 5/29/69