HomeMy WebLinkAboutC-1762 - Off-Street Parking Agreement, 4400 Campus DriveCITY OF NEAbRT BEACH
CALIFORNIA
City Hall
i
3300 W. Newport Bivd.
Area Code 714
677 -2110
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No.
Description of Contract nffyi4, parking hclwaa.m++r
Authorized by Resolution No. adopted on ry.1.�,,,,. la r 7975
Effective date of Contract OffhnhAr td, 7975
Contract with i rva tniylarstity, Anhrinl of Taw
Amount of Contract See rg, cent
city tie 1k
I
November 10, 1975
0]F1Um -f DrVEI 1T qT
Attention: James Hewicker
6 _J
cm -SITE PAm= AQiEi n,?r w= THE Iwm UNrmsiw,
COL OF LAW
C -1762
Attached are two copies of the fully executed and recorded subject
agreement for transmittal to Irvine University and for your files.
This agreement was authorized by the City Council an October 14, 1975
by the adoption of Resolution No. 8612.
Laura Lagios
LL:s*
etc.
RECORDING REQUESTED
BY AND MAIL TO
Laura Lagios., City Clerk
3300 Newport Blvd.
Newport Beach, CA 92660
2300
EXEMPT
C8
OFF-SITE PARKING AGREEMENT
BK 11544PG 1638
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. OCT; 1 1975
J. WYLIE CARLYLE, County Recorder
Pursuant to Gov't Code 6103,
the City of Newport Beach (Irvine University - 4400 Campus Drive)
requests free recordation.
Deputy ity Glerk
THIS AGREEMENT is made and entered into this ly
/6
day of October, 1975, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "City" and
IRVINE UNIVERSITY, a corporation, hereinafter referred to as
"University".
W I T N E S S E T H:
WHEREAS, University is the owner of that certain parcel
of real property located in the City of Newport Beach, County
of Orange, State of California, described as Lot 31 of Tract 3201
as recorded in Book 130 , Page 25 , of Miscellaneous Maps,
Records of Orange County, California, referred to hereafter as
Parcel "A"; and
WHEREAS, University desires to operate a School of Law
on Parcel A, which will require additional parking spaces than
are available on the site described as Parcel A, as required by
the Newport Beach Municipal Code; and
WHEREAS, University has entered into an agreement with
National Systems Corporation to permit University to use twenty-
two (22) off-street automobile parking spaces on a lot owned by
National Systems Corporation, located at 4361 Birch Street,
Newport Beach, California, a copy of said agreement is attached
hereto for illustrative purposes and is marked Exhibit "B"; and
WHEREAS, the Planning Commission, City of Newport Beach,
at its meeting on September 18, 1975 considered the Off-site
Parking Agreement and recommended approval to the City Council
of the City of Newport Beach of said Off -Site Parking Agreement
and finding that said Agreement conformed with the Newport Beach
Municipal Code; and (\j
.l\
1
/ (o arc
BK 11544PG 1639
WHEREAS, the City Council at its meeting of October 14
1975, considered the provisions of Section 12.38.040 of the
Newport Beach Municipal Code and determined that the Off -Site
Parking Agreement should be approved,
NOW, THEREFORE, in consideration of the foregoing, IT
IS AGREED by and between the parties hereto as follows:
1. University will lease from National Systems Corpora-
tion twenty-two (22) off-street automobile parking spaces on the
property owned by National Systems Corporation, located at 4361
Birch Street, Newport Beach, California.
2. In the event the use of the above referenced parking
spaces should be terminated for any reason and lost to University,
University will immediately thereafter obtain sufficient additional
off-street automobile parking spaces satisfactory to and to be
approved by the City. If the substitute parking spaces are not
obtained, University will physically modify the structure involved
and/or the uses permitted on the property described as Parcel A
in such a fashion as to reduce the parking requirement for said
structure or use to a level which is equal to the number of
parking spaces available to University, measured by the City of
Newport Beach Parking Standards then in effect, or, in the
alternative, terminate the use of the building located on Parcel
A.
3. This Agreement shall run with the property described
within as Parcel A and shall bind the heirs, successors in interest
and assigns of the parties hereto and it shall be recorded in
the office of the County Recorder of the County of Orange, State of
California.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
CITY OF EWPORT BEACH, A Municipal
�,�Corpo ' a ion
ATTEST • Pro e
ayor mpore
t11. '.`!.FCS4 �L ti9
IRVINE UNIVERSI,TTYY, A,Corporation
By
itv clerk "-, "'..
4
BX 11544P61640
NATIONAL SYSTEMS GO R.PO ATION
i'
! 4351 BIRCH STNEET • NEWPORT SCACH, CALIFONNIA926n3 71r�r G4o•7350
LEASE AGREEMENT
OFF-SITE PARKING AGREEMENT
The purpose of this lease agreement is to provide off-street
parking for the Irvine University School of Law.
Tenant:
Irvine University School of Law
Landlord:
National Systems Corporation
Parking Area:
22 spaces as designated in Exhibit "A"
located at 4361 Birch Street, Newport
Beach, California
Use:
Parking to be used specifically for students
or faculty of the Irvine University School
of Law between the hours of 7-10:00 p.m.
on weekdays or day use on weekends.
Leaj,:._Term:
Two (2) years, commencing October 15, 1975,
and expiring October 14, 1977
Lease Rate:
A nominal fee of $2.00/ yr.
Options:
Tenant reserves the right to renew this
lease agreement with the Landlord for a
three (3) year period at the same terms
and conditions.
Date / 66
LANDLORD:
Maurice Sherman
Senior Vice President
National Systems Corporation
ig 0�e! :i,UDli Career Slude«Ls �Yurkh'al<'
Exhibit "B"
STATE OF CALIFORNIA
SS
County of Orange
BK 11544PG 1641
On (a9t , /O , 1975, before me, the
undersigned. a Notary Public in and for said State, personally
appeared Donald A, McInnis known to me to be the
Mayor, and Laura Lagios , known to me to be the
City Clerk of the municipal corporation that executed the within
Instrument, known to me to be the persons who executed the
within Instrument on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal corporation
executed the within Instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
DOROTHY L. PALPN
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires Feb. 9, 1977
STATE OF CALIFORNIA
SS
County of ORANGE
Notary Publi in and for said State
On &t i D , 1975, before me, the
undersigned, a Notary Public in and for said State, personally
appeared ��,°l`� ��`��r+-r: v , known to me to be the
ILca (-President, and, known
to me to be Secretary of the 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 its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
DOROTHY L. PALPN'
'NOTARY PUBLIC CALIFORNIA! Notary Publi � in an or sai State
FIVt
PRINCIPAL OFFICE IN
ORANGE COUNTY
�Iy Commission Expires Feb. 9, 1977
CITY OF NEWPORT BEACH
CALIFORNIA
October 17, 1975
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 236
Santa Ana, CA 92702
Attached for recordation is Off -Site Parking Agreement
from Irvine
for
School of Law
a Authorized by Resolution No. P612
purposes.
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
x �X;=-a-
Laura Lagios
City Clerk
LL:swk
enc.
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -ZI10
OCT 141975
By the CITY COUNCIL
_QTK N 219MI KAQH
October 8, 1975
City Council Meing October 14, 1975
Agenda Item No. H -2(f)
__4i C— 17 iz
CITY OF NEWPORT BEACH
TO:
City Council
FROM:
Department of Community Development
SUBJECT:
Request for an Off -Site Parking Agreement in
conjunction with the establishment of the
Irvine.U.niiv_ersitvT rhool of Law (Use Permit
No. 1766) at 44.OL1_.Campus_Drive, across Campus
Drive from the Orange County Airport.
LOCATION:
Lot 31, Tract 3201 (Irvine University School
of Law).
Lot 7, Tract 5169 (Parking Lot - National
Systems Corporation).
ZONE:
M -1 -A
APPLICANT: Irvine University School of Law
OWNER: Irvine University School of Law (School)
National Systems Corporation (Parking Lot)
Application
This application requests approval of an
in conjunction with the establishment of
of Law (Use Permit No. 1766). In accord
of the Newport Beach Municipal Code, the
recommend and the City Council shall not
a separate lot from the building site or
off -site parking agreement
the Irvine University School
ance with Section 20.38..040
Planning Commission shall not
approve off - street parking on
sites unless:
(a) Such lot is so located as to be useful in connection with
the proposed 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 immedi-
ate possession and use thereof (ownership of the off -site
lot must be ownership in fee or a leasehold 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, provid-
ing 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 additional
use be proposed, the off- street parking regulations applicable
at the time shall apply. Such instruments shall be recorded
in the office of the County Recorder and copies thereof filed
with the Department of Community Development.
Environmental Significance
This project has been reviewed, and it has been determined that it
will not have any significant environmental impact.
W
TO: City dencil - Page 2.
Subject Prooertv and Surrounding Land Uses
A vacant, one -story office building and related parking spaces are
located on the property in question. To the north, east, and south
is a mixture of office and manufacturing- warehouse uses; and to the
west, across Campus Drive, is the Orange County Airport.
Analysis
The Irvine School of Law proposes to utilize a portion of an existing
7,800 sq.ft.± office complex as a combination office - school facility.
The general office hours for the university will be during regular
business hours, Monday through Friday, and the classes will occur from
7:00 P.M. to 10:00 P.M., Monday through Friday, and from 10:00 A.M.
to 1:00 P.M. on Saturdays and Sundays.
Three classrooms will be required for the school use during the
1975 -76 academic year with a maximum enrollment of thirty students
in each classroom, for a total of ninety students on the premises
at one time.
The applicant has indicated that the front portion of the existing
structure will be temporarily leased to tenants requiring office space
during regular business hours. However, the future use of the build-
ing will include one additional classroom, a faculty room and a law
library room. A maximum of one hundred and twenty students is antici-
pated on the site at one time with the proposed expansion of the
school facilities. Only one instructor /classroom will be utilized
during teaching sessions. No office personnel of the school will be
on the premises during school hours.
The Municipal Code does not specify an off - street standard for schools.
However, in the past the staff has recommended and the Planning Comm-
ission has required one parking space for each two students for this
type of use. Based upon this standard, the proposed use would require
sixty parking spaces when expanded to its ultimate capacity.
The applicant proposes to accommodate thirty -eight parking spaces on
site. In addition, the applicant has been granted permission to
utilize a maximum of twenty -two parking spaces during evening hours
and on weekends on property owned by the National Systems Corporation,
located at 4361 Birch Street, directly southeast of the school site
(see attached letter from National Systems Corporation and vicinity
map).
Planning Commission Recommendation
At its meeting of September 18, 1975, the Planning Commission consid-
ered Use Permit No. 1766 of the Irvine University School of Law, and
voted (5 Ayes, 1 No and 1 Absent) to approve Use Permit No. 1766 and
the proposed off -site parking arrangement, subject to the findings
and conditions as set forth in the excerpt from the minutes which are
attached.
Suggested Action
If desired, adopt resolution authorizing the execution of an off -site
parking agreement between the City of Newport Beach and the Irvine
University School of Law.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
Em
LN
, Assistant Director /Planning RVH /JDH /kk
Attachments for Council Only:
Vicinity Map
Letter from Applicant dated 8/25/75
Letter from National Systems Corp. dated 9/3/75 & attached parking layout
Assessor's Parcel Map
Excerpt of Minutes from Planning Commission Meeting of 9/18/75
DR'
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f .P X34
DATE
USE. *Pf-,Rmi-r NO. 1744
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D4; T13 I CTI NG MAP NEWPORT- BEACH -CALIVORN14
f .P X34
DATE
USE. *Pf-,Rmi-r NO. 1744
IRVINE UNINORSITY
-- SCHOOL OF LAW
August 25, 1975
Mr. Bill Laycock
Senior Planner -City of Newport Beach
Dear `,r. Laycock:
Re: Use Permit Application
on 4400 Campus Drive, N.B.
This letter will serve as a clarification of our intended plans for the above
mentioned property. At the present rate of growth of the school, it is anti-
cipated that no more than four classrooms will be required for our use.
During the 1975 -76 academic year we shall actually require only three
and hence the immediate remodeling plans call for three classrooms
on the south side of the building.
We shall also need a library room, an office and a faculty room. These addi-
tional requirements will be met by utilizing existing office partitions
on the property. Should an additional classroom be required in the
future, one of the existing offices will be used for it.
Our school is small, (we anticipate an enrollment of no more than 150 students
this year), and operates strictly on a part -time basis. As you can see
from our schedule of classes no more than three classes meet at any
given time. Maximum enrollment in a class is thirty but most classes are
considerably smaller than the maximum, so that I can't foresee more than 90
students in the school at one time. To accomodate that many students, we have
obtained permission from neighboring buildings to utilize their
parking spaces.
Our office hours are 2:00 P.M. -7:00 P.M. and no change in these hours is pro-
jected at present.
I trust this information will be helpful. Should you require anything
else, please let me know.
Very truly yours,
on Mittelmann, Dean
E:: /kris
±400 IRVINE AVENUE SUITE 221 NEWPORT BEACH. CALIFORNIA 92660
MAILING ADDRESS: P.O. BOX 4307 IRVINE, CA 92664 (714) 979 -0751
0 0
September 3, 1975 cam`'
Irvine University
3400 Irvine Avenue
Newport Beach, CA 92660
Attention: Dean Mittelmann
RE: Parking Situation at 4400 Campus Drive
Dear Dean Mittlemann:
We are pleased to know that the Law School is going to
acquire the above property and become our neighbor. We
wish you continued success.
Please be advised that in case the parking situation at
your building is inadequate for your needs, your students
are welcome to use the parking lot behind our building at
4361 Birch Street, between the hours of 7 - 10 p.m, and on
weekends. As you can see from the attached plans, we have
approximately 42 parking spaces out of which we can readily
make at least 22 available for your yse.
Maurice Sherman
Senior Vice Pr a dent
MS:at
enclosure
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NATIONAL SYSTEMS CORPORATION
6361 BIRCH STREET
NEWPORT BEACH, CALIFORNIA
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COMMISSIONERS
ROLL CALL
➢� T m v T m i
N
0 CITY OF NEWPORT I&ACH
September 18, 1975
MINUTES
1NMA
Item #7
USE
Request to permit the establishment of a school of
law in the M -1 -A District.
PERMIT
1766
Location: Lot 31, Tract 3201, located at
4400 Campus Drive, on the south-
APPROVED
easterly side of Campus Drive
CONDI—
between Dove Street and MacArthur
TI N LLY
Boulevard, across Campus Drive from
the Orange County Airport.
Zone: M -1 -A
Applicant: Irvine University School of Law,
Irvine
Owner: Richard K. Rifenbark, Pacific
Palisades
Assistant Community Development Director Hewicker
advised that the applicant, at the request of the
staff, was attempting to provide a more desirable
location for the 22 off -site parking spaces and
had been working with the Don Koll Company to
secure the right to utilize 22 spaces located on
the lot immediately north of the subject property
on Campus Drive. Mr. Hewicker recommended that if
the Commission approved this use permit request,
they indicate their approval to the proposed off -
site parking on the lot owned by the National
Systems Corp. as outlined in the proposal as well
as approval of the lot to the north owned by the
Don Koll Company in the event the applicant is
able to complete that arrangement.
Commissioner Tiernan voiced concern with the
parking requirement and questioned whether it was
sufficient as he felt more parking would be needed
for the students and support personnel.
Public hearing was opened in connection with this
matter.
Egon Mittelmann, Dean of Irvine University School
of Law, appeared before the Commission in connec-
tion with this request. He concurred with the
staff report and requested clarification of
Condition No. 4
Commissioner Tiernan again questioned the
adequacy of parking for the proposed development.
Page 14.
COMMISSIONERS
' YC �` m
Y m
T
'
P
< A
Z
3
Ken Layman who is connected with Judge Calvin
N
ROLL CALL
0 CITY OF NEWPORT SEACH
September 18 1975
MINUTES
'
INDEX
Ken Layman who is connected with Judge Calvin
Schmidt's office and is on the advisory committee
for the school, appeared before the Commission and
commented on the status of securing an agreement
for off -site parking with the Don Koll Company.
There being no others desiring to appear and be
heard, the public hearing was closed.
Motion
X
Following discussion of the parking, motion was
Ayes
X
X
X
X
X
made that Planning Commission make the following
Noes
X
findings:
Absent
X
1. That the proposed development is consistent
with the General Plan, and will be compatible
with surrounding uses.
2. Adequate offstreet parking spaces are being
provided for the proposed school use during
evening hours and on weekends. The 22 parking
spaces on a separate lot are justifiable for
the following reasons:
a. The lot is adjacent to the school site wit
easy pedestrian access to the classrooms.
b. Parking on the subject lot will not create
undue traffic hazards in the surrounding
area, since most of the office uses will
be closed at night and on weekends.
3. The approval of Use Permit No. 1766 will not,
under the circumstances of this case be
detrimental to the health, safety, peace,
morals, comfort and general welfare of persons
residing and working in the neighborhood or be
detrimental or injurious to property and
improvements in the neighborhood or the
general welfare of the City.
and approve Use Permit No. 1766, subject to the
following conditions:
1. That development shall be in substantial
conformance with the approved floor plan and
plot plan.
2. That a maximum of 120 students shall be
permitted in the classrooms at any one session
3. Classroom activity shall not be permitted on
the site prior to 7:00 P.M., Monday through
Friday.
Page 15.
COMMISSIONERS a CITY OF NEWPORT &ACH
'
N
�1
T
< p A Z
Rou cAL September 18, 1975
MINUTES
INDEX
4. That this approval shall be for a two year
period from the effective date of this action.
Any request for extension shall be acted upon
by the Modifications Committee.
5. That an off -site parking agreement, providing
a minimum of 22 parking spaces on either the
National System Corp. property or the Don Koll
Company property for the school use between
the hours of 7:00 P.M. to 10:00 P.M., Monday
through Friday, and on weekends, shall be
approved by the City Council and that the
pedestrian access between the subject property
and the off -site parking lot shall remain open
and unobstructed.
6. That one additional parking space shall be
marked in the parking area to the rear of the
existing building, meeting Ordinance require-
ments.
7. That all signing shall be approved by the
Department of Community Development.
Item #8
Request to permit the construction of a hotel in
USE
the C -1 District.
PERMIT
T7-67--
Location: Lot 13, Block 21 of Newport Beach,
located at 114 - 22nd Street, on
CONT. TO
the southeasterly side of 22nd
OCT. 2
Street between West Balboa Boule-
vard and West Ocean Front in
Central Balboa.
Zone: C -1
Applicant: R. L. Lawrence, Newport Beach
Owner: Same as Applicant
Motion
X
Planning Commission contipued this matter to the
Ayes
X
X
X
X
X
X
meeting of October 2, 1975:,
Absent
X
•
Page 16.
OCT 141975
By the Cify COUNCIL
CITY.. OP l6WPGRT BEACH
RESOLUTION NO. -S 6 T 21
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN OFF -
SITE PARKING AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE IRVINE UNIVERSITY
SCHOOL OF LAW, IRVINE (4400 Campus Drive)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach, an off -site parking agreement
between the City of Newport Beach and the Irvine University School
of Law, Irvine, located at 4400 Campus Drive in conjunction with
the establishment of a school of law in the M -1 -A District; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of Newport
Beach.
ATTEST:
City Clerk
ADOPTED this 14th day of October, 1975.
Mayor
DDO:yz
10/6/75
0 0
RESOLUTION NO. 96 12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN OFF -
SITE PARKING AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE IRVINE UNIVERSITY
SCHOOL OF LAW, IRVINE (4400 Campus Drive)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach, an off -site parking agreement
between the City of Newport Beach and the Irvine University School
of Law, Irvine, located at 4400 Campus Drive in conjunction with
the establishment of a school of law in the 4-1 -A District; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 14th day of October, 1975.
Mayor
ATTEST:
City Clerk DDO:yz
10/6/75