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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' Lj 2 f1c —JEJ PC P-c D4; T13 I CTI NG MAP NEWPORT- BEACH -CALIVORN14 f .P X34 DATE USE. *Pf-,Rmi-r NO. 1744 Lj 2 f1c —JEJ PC P-c 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 0 0 1 1. 2 3 1 4 1 S 6 1 7 1 8 1 9 1 10 1 11 12 NATIONAL SYSTEMS CORPORATION 6361 BIRCH STREET NEWPORT BEACH, CALIFORNIA IJ :i I C. J 0 Q V V Q j 61 CL I rh W U d 08 ¢ -DOVE STREET f 6�d l " =10o W e O In V N Q SuHSECT - "o?eATY \ c O S7 PARKING SPACES TEVESTR►aN ACCESS 0 NATIONAL SYSTEMS O C 0". e?ROYE'RT`( 3 %2 PAIL K► NG SrAC." N�O z O O \/ O H ? O O N � a O O N ry O \/� v N 0 � N I\ or,z r.� N ci ^� , ocz A ST O t� ; m O o ei I rh W U d 08 ¢ -DOVE STREET f 6�d l " =10o 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