HomeMy WebLinkAboutC-1509 - Off-Street Parking Agreement for 1409 E. BayC7
W
CITY OF NEWPORT BEACH
CALIFORNIA
MOM �M-
TO: FINANCE DIREC`MR
FROM: City Clerk
SUBJECT: Contract No. 51689-
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Description of Contract 8€f -Site °ark<a- AgFeement
1409 E. Bay Avenue, aalboa
Authorized by Resolution No. 791:4 , adopted on Jammmy 22 3973
Effective date of Contract ,Tanuary 23, 1973
Contract with Donald C. and Nancy L. IloH
• • • t•
Amount of Contract
"City e c
7J
February 12, 1973
Donald C. T°dione
1220 E. Balboa Boulevard
Balboa, CA 92661
40
Subject: Off -Site Parking Agreement for 1409 E. -_Ay Avenue
Attached is a copy of the agreement for off -site parking
which was authorized by the City Council by the adoption
of Resolution No. 7914 on January 22, 1973.
The agreement has been recorded by the County in Book 10533
page 10 of the official records on January 29, 1973.
Laum Lagios, C.M.C.
City Clerk
LL:swk
enc.
cc: Bill Laycock, Comwnity Development Dept.
#RDIN4
riorl, 0,1. Tot NQUItSTED BY,
LAURA LAG! M, CITY CLERK
CiTy OF J j WFC,, ZT BEACH
3300 NLWP0'RT I OULEVARD
EvgP RL BEACH, Cw',LT, 92660
23752
L
OFF-SITE PARKING AGREEMENT
;rr '0533 P4C,E 10
�FECORDED IN OFFICIAL ISE [mowF C e AN317 COUNTY, CALIFORNIA
,.5 A.r�. J`?
21
1 47LIE CARLYLE, Coubty Recordo r.
THIS AGREEMENT made and entered into this, day
of , 19731 by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "CITY"
and DONALD CQ McHONE and NANCY LA McHONE, hereinafter referred to
as "OWNERS i° a
W I T N E S S E T H
WHEREAS, OWNERS hold title to that certain real property
located at 1409 East Bay Avenue in the City of Newport Beach,
County of Orange, State of California, more particularly described
on Exhibit "A" which is attached hereto and is incorporated at
this point as if set forth fully hereiny and
WHEREAS, OWNERS were granted Variance No. 1027 by the
Planning Commission of the City of Newport Beach on January 4,
1973, which variance allowed the construction of an accessory
building on a site separate from the site upon which the main
building was to be constructed with the provision that OWNERS
must execute an approved off-site parking agreement which would
bind the sites together; and
WHEREAS, Section 20.38.040 of the Newport Beach
Municipal Code allows off-street parking to be provided on a
site other than the building site on condition that an agreement
between the property owner and the City be executed and recorded
setting forth that the off-street parking site shall be provided
and maintained as a designated parcel of land for the duration
of the proposed use or uses on the building site or sites;
WHEREAS, OWNERS intend to construct a dwelling structure
daml qqe following described real property:
Lot 5 and the Easterly one-half of Lot 4, Block
! €23, Eastside Addition to the Balboa Tract, as
' _ shown on the map recorded in Book 4. Page 20,
Miscellaneous Maps of the Office of the County
Recorder of the County of Orange.
P
1
r411100ow
V '
q
NOW, THEREFORE, in consideration of the approval by
the CITY of Variance No. 1027, the parties hereto agree as follows:
I
For so long as the dwelling structure to be constructed
by OWNERS continues to exist, the following described real
property shall be used for parking purposes by OWNERS:
Lot 15 and the Easterly one-half of Lot 14,
Block 23, Eastside Addition to the Balboa
Tract, as shown on the map recorded in Book
4, Page 20, Miscellaneous Maps of the Office
of the County Recorder of the County of Orange.
II
In the event the property described hereinabove in
Paragraph I is sold, leased or in any other manner separated
from the parcel upon which the dwelling structure is to be
located, this agreement shall become null and void and Variance
No. 1027 shall cease to be in effect,
III
This agreement shall run with the real property
described in Exhibit "A" attached hereto and shall bind the
heirs, successors and assigns of the parties hereto and it
shall be recorded in the office of the County Recorder of
Orange County.
IN WITNESS WHEREOF the parties have placed their
names the day and year first above written.
City Cle
CITY OF NEWPORT BEACH
DONALD C. McHON
PROVED AS TO FORM: NANCY L.cHONE
- ; j.0 Attorney
-2-
r�7 Fps �
g
ATTEST:
City Cle
CITY OF NEWPORT BEACH
DONALD C. McHON
PROVED AS TO FORM: NANCY L.cHONE
- ; j.0 Attorney
-2-
STATE OF CALIFORNIA ) BaK, 10533 FAu 12
) ss
County of
On �A)O'IT(Z-y 3before me, the undersigned, a Notary Public
in and for said State, personally appeared DONALD C. McHONE and
NANCY L. McHONE, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
EF
OFFICIAL SEAL
\ S�
J0YCE-H L. FRANKS
o
NOTARY FUFLiC - CALWORNIA
r '
FNINC!f-B_ =HGE IN
ORANGE COUNTY
My Cot�rrlission Expires December 14, 1974
STATE OF CALIFORNIA
ss
County of OAI,19sld�-i
No Public in and for
s,i State
OngjS-j7 � before me, the undersigned, a Notary Public
in forff
aid�State, personally appeared DONALD A. McINNIS,
kno to me to be the MAYOR, and LAURA. LAGIOS, known to me to
be the CITY CLERK of the municipal corporation that executed the
within instrument, known to me to be the persons who executed the
within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to a resolution of the City Council.
WITNESS my hand and official seal.
THY L. PALEN
r! �.��� jlf.1-d Cy rUll ilC
ca
,.. % tJITIr,a 191
Countv
t'Ay Iron , .. siCn Expires Feb9, 1973
Notary Pubic in and for
said State
IBM
EXHIBIT "A"
Easterly one-half of Lots 4 and 14, and Lots
5 and 15, Block 23, Eastside Addition to the
to the Balboa Tract, as shown on the map
recorded in Book 4, Page 20, Miscellaneous
Maps of the Office of the County Recorder of
the County of Orange.
ft 40
CITY OF NEWPORT BEACH
CALIFORNIA
January 26, 1973
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is Off -Site Parking Agreement
from Donald C. McHcne and Nancy L. McHone
for parking purposes.
Authorized by Resolution No. 121L
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
xa �;
Laura Lagios
City Clerk
LL:swk
enc.
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
v
JAN 2 z 1973
By the CITY COUNCIL
:TY OP NOWPAans Q"CH
January 16, 1973
City Council Meeting January 22, 1973
Council Agenda No
CITY OF NEWPORT BEACH
City Council
G -3
FROM: Department of Community Development
SUBJECT: Off -Site Parking Agreement for Donald C. McHone,
connected with a variance application at 1409 E.
Bay Avenue, Balboa Peninsula
Request to obtain an off -site parking agreement
to permit the required garage space on a separate
lot from the lot containing the single family
dwelling.
LOCATION: Easterly one -half of Lots 4 and 14, and Lots 5
and 15, Block 23, Eastside Addition to the Balboa
Tract, located at 1409 East Bay Avenue, on the
north side of East Balboa Boulevard between "F"
and "G" Streets on the Balboa Peninsula.
ZONE: R -1
APPLICANT: Donald C. McHone, Santa Ana
OWNERS: Donald C. and Nancy L. McHone, Santa Ana
Recommendation
At its meeting of January 4, 1973, the Planning Commission approved
Variance Application No. 1027 (6 Ayes, 1 Absent),which permitted a
four car garage on a separate lot from the main single family
dwelling in the R -1 District, subject to a condition that an off -
site parking agreement, acceptable to the City Attorney, be approved
by the City Council.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
B y W le 6zq
William R. Lay ck,
Senior Planner
RVH:WRL:sm
Attachments: Excerpt Planning Commission Minutes January 4, 1973
TO COUNCIL MEMBERS ONLY:
Staff Report dated December 19, 1972
Vicinity Map
NOTE: Plot plan will be on display in Council Chambers.
COWAISSIONERS
10
,1 m'
`ITY OF NEWPORT BEJ#H
MINUTES
January 4, 1973 INDEX
Planning Commission discussed whether or not the
application met all the criteria necessary in
anting a variance and if not, the possibility
of idering the request under the use permit
procedure ice the request was necessitated by
the unusual topagraphy of the land.
It was also noted that t7ree plicants were not
present to answer, questions c rning the request.
Motion X i Following discussion, Planning Commissi ontinuec
All Ayes i ! the matter to January 18, 1973, for the purpo of
re- advertising the matter to cover the use permit
j procedure.
i
i
I
1 � i
i
I i
Motion
All Ayes
Request to construct an accessory building on a
lot without the main building on the same lot in
the R -1 District. Further request to obtain an
off -site parking agreement to permit the required
garage space on a separate lot from the lot con-
taining the single - family dwelling.
i Location: Easterly one -half of Lots 4 and 14,
and Lots 5 and 15, Block 23, East-
side Addition to the Balboa Tract,
located at 1409 East Bay Avenue,
on the north side of East Balboa
Boulevard between "F" and "G"
Streets on the Balboa Peninsula.
Zone: R -1
I
Applicant: Donald C. McHone, Santa Ana
Owners: Donald C. and Nancy L. McHone,
Santa Ana
Public hearing was opened and Donald C. McHone
appeared before the Planning Commission stating
he agreed with the staff report and the conditions
recommended.
There being no others desiring to appear and be
heard, the Public Hearing was closed.
Following discussion, Planning Commission approved
Variance Application No. 1027 subject to the
following conditions:
Page 2.
Item #A2
VARIANCE
1027
APPROVED
CONDI-
TTION L
COMMISSIONERS 46TY OF NEWPORT BE46H
\m Im
{,m ZI\Z"
ROLL CALL `.. \ � `, 11, January 4, 1973
MINUTES
11. That an off -site parking agreement, acceptable
to the City Attorney, be approved by the City
Council.
2. That the project substantially comply to the
i
plans submitted.
Request to amend a portion of Districting Map No
1 from a C -1 -H District to an R -2 District.
Location: Portion of Lots 3 and 14 and Lots
4, 5, 6, 7, 11, 12, and 13, Block
6, Seashore Colony Tract, located
at 203 - 205 - 207 -209 Lugonia Street
and 202 - 204 -206 Colton Street,
between West Coast Highway and
Newport Shores Drive in Newport
Shores.
C-1 -H
Applicant. Dana H. Smith, Newport Beach
Owners: Masami and Patsy K. Ogata,
i'
anta Ana
Public hearing was pened and the staff report was
j reviewed and discuss d by the Planning Commission.
j ! It was noted that alt h ugh the staff recommends
I denial., the project is t all negative and there
!! may be alternatives to be onsidered.
Dana Smith, applicant, appear ppear d before the Plannin�
Commission and reviewed the pre ent land use of
the area from Grant Street to th Old Channel of
the Santa Ana River. He also felt hat the highest
and best use of the land at the pres t was for
' residential rather than commercial. anning i
Commission inquired of Mr. Smith whethe or not
he would prefer a continuance of the matt until
such time as studies could be made with ref ence
to zoning on the entire commercial strip. He
stated that he prefered a decision be made at i
this time.
There being no others desiring to appear and be
I heard, the public hearing was closed.
Page 3.
i
Item #A3
AMEND-
MENT
un oro
nChi T C
i
Zone:
December 19, 1972
TO
OM:
SUBJECT:
0 i
Planning Commission Meeting
Agenda Item No.
CITY OF iirtiPORT BEACH
Planning Commission
December 21, 197
R -1 t;
Department of Community Development
Variance Application No. 1027 (Public Hearing)
Request to construct an accessory building on a lot
without the main building on the same lot in the R -1
District. Further request to obtain an off -site
parking agreement to permit the required garage space
on a separate lot from the lot containing the single -
family dwelling.
LOCATIOhN: Easterly one -half of Lots 4 and 34, and Lots 5
and 15, Block 23, Eastside Addition to the
Balboa Tract, located at 1409 East Bay Avenue,
on the north side of East Balboa Boulevard between
"F" and "G" Streets on the Balboa Peninsula.
ZONE: R -1
APPLICANT: Donald C. McHone, Santa Ana
OWNERS: Donald C. and Nancy L. `1c Hone, Santa Ana
Application
This application requests approval of an accessory structure consisting
of four garage spaces, outdoor parking areas, and living space (ex-
clusive of a kitchen), on a lot with no main structure, and approval
of an off - s'i'te parking agreement for a single- family home.
Section 20.12.020(b) of the Newport Beach Municipal Code specifies
that an accessory use is permitted in the R -1 District in conjunction
with a main building. Sections 20.02.070 and 20.02.080 define these
termhs.
Proiect Description
The applicant owns a 45' x 90' parcel between Balboa Boulevard and
the alley; a 45' x 85' parcel between the alley and vacated Bay
Avenue; and the underwater lot bayward of vacated Bay Avenue. He
proposes t0 construct an accessory building On the I ?f!1'CCl adjacent
to Balboa Boulevard, and a single- family home on the parcel "fronting
on vacated Day Avenue.
It'll a ! ER i
The proposed plans clearly show that the applicant 1s not requns t'ivig
variance to the height or door area controls. in fact, the pro-
posed daveloj meat is a relatively lou i Aten; ,ty use of this p'ropert y.
The hardship involved it this application is simply 'ti;rt the two
portions of the development site are separated by a 'Cell toot alley,
To ,ustify this rcques t, the app! leant has Submi ttel the 'lol fol'wi nrt
responses to the three criteria for granting variance as outiink
`1
` ., + Cha'pte'r 20.48 of the Newport Beach Municipal Codu.
Ken .iJ a -, J
0
TO
2)
0 0
Planning Commission - 2.
Uhat exceptional circumstances apply to the property?
Reduces density and provides for g'reate'r open ;pace than
is required and additional narking spaces in an area
currently short, of parking.
Any is a variance necessary to preserve pr?perty rights?
Similar to existing conditions. (slain house to be torn down
and replaced, and garage on separate lot to ba torn down and
replaced with annex building.)
3) Why will proposal not be detrimental to the neighborhood?
It provides for five regular automobiles and three compact
automobiles which exceeds the parking requirement by six
automobiles and provides for greater front and rear yard
setbacks as required by code. The use of Lot 15 and the
easterly z of Lot 14 is a garage used by Lot 5 and the
easterly 5 of Lot 4.
Conclusions and Recommendations
The staff feels that the existence of the ten foot alley causes no
problems in terms of this application, and that the intensity of
development is clearly in keeping with the surrounding area. There-
fore, the staff recommends approval of Variance No. 1027 subject to
the following conditions:
1. That an off -site parking agreement, acceptable to
the City Attorney, be approved by the City Council.
2. That the project substantially comply to the plans
submitted.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
U 1 L L I A M R. E�ctr�
Senior Planner
WRF /<k
Attachment: Site Plans
[-. em No , -15
r-I
L-A
�i
ja
-73
RF,SOLUTION 'NO.
A RESOLUTIOY OP TF1E CITY CbC'_•:C__I, OF THE CITY
OF NMiPORT ="CIS AiiT`rOltl.i.,ID ,, _KECUTION 0' AN
-. T_-1
OFF-SITE
OF NES`nOP'P R° C11 PaND DO`:i ?. _ . '14CHONE AND
!1 NCY L. t <;'_= 'i0id;' =, VARTLNCE 1027
WHEREAS, Donald C. MCHone ar.. L. McHone =e
t:he o —ners of certain real provert.y loc:.. - _:. the Cit- of
Newport Bc<ich described as 1409 Fast Bad .: _: Kalb-:; and
WHEREAS, on January «, 1973 the P1 :_.-:.-.c C_--!ission
of the City of Ne- %port Beach granted Variance ;:. to allow
cons'truc'tion of an accessory building on a site se___ate from
the site upon which the main building is to be cons__ucted,
providing the owners execute an off -site parking agreement with
the City, which would bind the sites together; and
WHEREAS, Section 20.38.040 of the Newport Beach Muni-
cipal Code allows off-street parking to be provided on a site other
than the building site on condition that an agreement between
the property owner and the City be executed and recorded., setting
forth that the off - street parking site shall be provided and
maintained as a designated parcel of land for the duration of
the proposed use or uses on the building site or sites; and
WHEREAS, there has been presented to the City Council
an agreement which will provide compliance with the conditions
attached to the granting of Variance No. 1027, and the City
Council has found said agreement to'be fair and equitable;
NOW, THEREFORE, BE IT RESOLVED that the City Council
approves said agreement, m d the Mayor and City Clerk are hereby
authorized and directed to execute the off -site parking agree-
ment on behalf of the City of Nec�Pport Beach.
ADOPTED THIS 22nd day of January, 19----.
Mayor
ATTEST:
City Cior'r:
DON:sh
1/17/73