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
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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
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CITY OF NEW
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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
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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
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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
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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,• ^
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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
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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
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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 � ..
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1'
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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
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11
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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
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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
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I
423
(Newport Beach IIA5166)
EXHIBIT "C" .-,,pg 13 of 24
zzo p,
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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
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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
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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>�,
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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'����
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PARCEL
GRAPH IC SCALE
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Rptpy[O Li.c'.LCO r,JL JSYHfp[1 � II
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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
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12/8/69
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A 07 T111". CITY C'.3U"CIL 07 TIM
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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
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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