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HomeMy WebLinkAboutC-1919 - Off-Street Parking AgreementCITY OF NEWPORT BEACH CALIFORNIA City Nall MG W. Newport Blvd. Area Code 714 DATE September 28, 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1919 Description of Contract Off -site Parking Agresmeat Authorized by Resolution No. 9061 , adopted on April 11, 1977 Effective date of Contract September 8, 1977 Contract with Causal 6 Rhodes Address 1481 Avocado Ave. Navport Seagh, CA 92661 Amount of Contract See Contract Czty Clerk E0 Attached hereto are two executed off-site parking agregmients for the Newport Center medical Building No. 3, Causey . & Rhodes, located at 1481 Avocado Avenue, Newport Beach. Please cause the same to be executed and recorded, returning a fully conformed copy to this office for transmittal to 'all appropriate parties. Thank you for your cooperation. I HRC: yz Attachment Rq* WSRW E3 , am* Wt amma 0 kthUURUING REQUESTED BY AND WHEN RECORDED` RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California EXEMPT 4 BK 12372Y6 552 RECORDED IN OFFICIAL. RECORDS OF ORANGE COUNTY, CALIFORNIA 5 min. 3.2 P N. SEP 12 1977 fast J. WYLIE CARLTLE, County ....,;1 J6t Space Above This Line for Recorder s Use OFF-SITE PARKING AGREEMENT (Causey & Rhodes) This Agreement is made and entered into this day of1977, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and CAUSEY & RHODES, builders and developers, hereinafter referred to as "Causey." RECITALS: W I T N E S S E T H: A. CAUSEY is the lessee of that certain parcel of real property located in the City of Newport Beach described as: Parcel 1, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 91, Page 19, Parcel Maps, Records. of said County, being a portion of Block 93 of Irvine's Subdivision per map filed in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County more commonly known as 1481 Avocado Avenue, Newport Beach, County of Orange, State of California, said parcel is hereinafter referred to as Parcel "A". B. CAUSEY proposes to construct a medical building, Newport Center -Medical Building #3, on Parcel "A". C. There are insufficient automobile parking spaces on Parcel "A". CAUSEY is therefore required to provide fifteen (15) off-site automobile parking spaces and portions of eight (8) other parking spaces on a separate lot from the building site. FTEIVED S E F 28 1977 -9I CITY O NEWPORT CE'ACO, �� � ex 123742H 563 D. To fulfill the off-site automobile parking require ment for the use of Parcel "A", in accord with Section 20.30.035D of the Newport Beach Municipal Code, CAUSEY has provided space for the additional off-site parking on a portion of the adjoin- ing property described as: Parcel 1, in the City of Newport Beach County of Orange, State of California, as per map filed in Book 37, Page 23, Parcel Maps, Records of said County, being a portion of Block 93 of Irvine's Subdivision per map filed in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County hereinafter referred to as Parcel "B". CAUSEY will provide the Director of Community Development of the City of Newport Beach a new or amended parking agreement ninety (90) days prior to the expiration of the parking agreement presently existing. E. The Planning Commission of the City of Newport Beach recommended approval of an off-site parking agreement on April 7, 1977 which agreement was approved by the City Council on April 11, 1977 in accord with Section 20.30.035 of the. Newport Beach Municipal Code. NOW, THEREFORE, in consideration of the foregoing, CAUSEY may use the property described as Parcel "A" for the construction of a medical building with related office space and in accord with Section 20.30.035D of the Newport Beach Municipal Code, the parties agree as follows: 1. For so long as Parcel "A" is used for a medical center with related office space, fifteen (15) off-site auto- mobile parking spaces will be required and portions of eight (8) other parking spaces will be located on Parcel "B If said parking spaces on Parcel "B" are lost for any reason to CAUSEY, CAUSEY will locate and provide additional parking spaces to be approved by CITY or alter the capacity of the facility use on Parcel "A" to conform to the automobile parking spaces available to and under the control of CAUSEY or close said facility. -2- 69 [ 372rc 564. 2. This Agreement shall run with the real property. described as Parcel "A" in the first paragraph of this Agree- ment 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 the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: r ity Clerk -° CITY OF NEWPORT BEACH, A Municipal Corporation By Ma o CAUSEY & RHODES, Builders and Developers By By� APPROVE AS"'O FO 1 A -s y A 4 -3- STATE OF CALIF `A) ) ss: COUNTY OF ORANGE ) signed,, On__ :_ `, a Notary P Mayor and ' . 0. G;Lt_y__(; e k of the nicipal Instrument, known to me to Instrument on behalf of the and acknowledged to me that within Instrument pursuant Qo•�•o`�aas�css�nl«ESS Y • ,-� ~ OFFICIAL. SEAL • c / - DOROTHY L. PALEN FUSLIt CALIFORNIP OFFICE IN 0 Nl i >' C.> {E;<,_.tr s Feb, 9, 1981 • STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) BX 123712""P6 565 _J t /r 1077, before, me, t110 under- --.- and far said State, personally appeared known to me to be the awn to �m��c b the Corporation that executed the within4 be the persons who executed the within Municipal Corporation therein named, such Municipal Corporation executed the to a resolution of its City Council. hand and official seal. Notary Public in and for said State On 1977, before me, the under- signed, a Notary Public i.n and 'for State, personally appeared known to me to be the President and known to me to be the Secretary o 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. Notary Public in and for said State"'- STATE OF CALIFORNIA) LOS ANGELES ss COUNTY OF MWA ) On May 17th 1977, before me, the undersigned, a Notary Public in and for said state, personally appeared FRANK A. RHODES, JR. , whose name is subscribed to the within Instrument and acknowledged that he executed the same. hand . OFFICIAL SEAL Q � EVA L. FAIG`sOZ r ci JJ i NOTARY PUBLIC - CALIFORNIA1 LOS ANGELES COUNTY My COMM, expi 212 North Chevy Chase Dr., Glendale, CA 91206 STATE OF CALIFORNIA) LOS ANGELE� ss: COUNTY OF .O ) res SRR 2, 1379 and official seal. r i Notary Public in and for said State Eva L. Faktor On May 17th , 1977, before me, the undersigned,. a Notary Public in and for said State, personally appeared GILL B. CAUSEY , whose name is subscribed to the within Instrument and acknowledged that he "xecuted the same. OFFICiAl, SEAL EVA L. EAK"�O? NOTARY PUBLIC CALIFORNIA / N Public in and for said State LOS ANGELES COUNTY V ''P My comm, expires MAR 2, 197 Eva L Faktor 212 North Chevy Chase Dr., Glendale, CA 91206 `.. CITY OF NEWPORT BEACH CALIFORNIA September 9,. 1977 city Hall 3300 W. Newport Blvd. Area Code 714 640 -2251 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Off -Sits Parking Agresment from Cause9 6 Rhodes, 1487 Avocado Ave., Newport Beach for Off -site parking purposes. » Authorized by Resolution No. 906] . City Manager authorized by Resolution No. 6773 to accept easement deeds. 1 Doris George City Clerk DG:swk enc. City Council Meeting Agenda Item No. By CITY OF NEWPORT BEACH April 6, 1977 ADri l 11 .1977 H -2(f) TO: City Council FROM: Department of Community Development SUBJECT: Off -site Parking Agreement Request to accept an off -site parking agreement for a portion of the required parking spaces in con- junction with the construction of Newport Center Medical Building No. 3 in Newport Center. LOCATION: Parcel 1 of Parcel Map 91 -19 (Resubdivision No. 524), located at 1.481_ A.v_pcado A*e"e.v on the southwesterly corner of Avocado Avenue and San Nicholas Drive in Newport Center (Medical Office Building). Parcel 1 of Parcel Map 37 -23 (Resubdivision No. 297) (Off -site Parking Lot). ZONE: C -O -H APPLICANT: Causey & Rhodes, Builders and Developers, Newport Beach OWNER: Same as Applicant (i.e., 55 year lease from The Irvine Company) Application This application requests approval of an off -site parking agreement for a portion of the required parking spaces in conjunction with the proposed Newport Center Medical Building No. 3 in Newport Center. In accordance with Section 20.30.035 D. of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the build- ing site or 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 immediate 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, 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 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. TO: City Council - 2. • Suggested Action If desired, adopt Resolution No. authorizing the execution of an off -site parking agreement with Causey & Rhodes, Builders and Developers, Newport Beach. Planning Commission Recommendation This matter has been placed meeting of April 7, 1977. be reported verbally at the Council on April 11, 1977. approval of the request and condition of approval: A. FINDINGS: on the Planning Commission Agenda for their The action of the Planning Commission will time this matter is considered by the City However, the staff has recommended the has suggested the following findings and 1. The off -site parking area adjoins the subject property and, therefore, is so located to be useful to the proposed office use. 2. The off -site parking spaces will not create undue traffic hazards in the surrounding area. 3. The applicant is a long -term lessee of the proposed office site and the adjoining off -site parking area. 4. The City Traffic Engineer has approved the proposed off -site parking arrangement. CONDITION: That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of fifteen parking spaces, portions of eight other parking spaces and related access thereto, shall be provided on Parcel 1 of Parcel Map 37 -23 (Resubdivision No. 297) for the duration of the proposed office use on the adjoining property. Background The applicant proposes to construct the eight -story Newport Center Medical Building No. 3 on the property in question. Three hundred and sixty -six (366) off - street parking spaces are required in con- junction with the proposed commercial development, based upon one parking space for each 250 sq.ft. of gross floor area (i.e., 91,448 sq.ft.±) in the structure. The plot plan submitted by the applicant indicates that 343 parking spaces are located on site as well as portions of eight other parking spaces. The remaining fifteen parking spaces and the residual por- tions of the eight parking spaces noted above are proposed to be located on adjoining property. The adjoining off -site area is cur- rently unimproved and was surplus to the development of the parking lot for Newport Center Medical Building No. 2. Staff isof the opinion that the proposed off -site parking area is so located to be useful, and will not create undue traffic hazards in the surrounding vicinity. Furthermore, both sites are leased by the applicant from The Irvine Company on fifty -five year ground leases. The City Traffic Engineer has also approved the proposed parking layout, and has no objections to the off -site parking arrangement. Attached for the information and review of the City Council is a copy • • TO: City Council - 3. of the Planning Commission Staff report dated March 30, 1977. A copy of the plot plan will be on display at the time of the City Council meeting. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By b -Ig JAXES D. HEWICKER %. AAs►istant Director - Planning JDH /kk Attachments for City Council Only: 1) Vicinity Map 2) Planning Commission staff report with attachments C. 0- H Q COM rt7p uICOLAS OR,ve� PrS ea +e. ✓ll i I srs. vo. s9 -RA- / toposEl> f I CE y yr s oFFsITE 'PA -KKING A &IME MENT \j IC ( N IT y i'n A P ml�Lr n f y' 4 n Nd auH r. l / /I Il. rssX a P-C 0 „re n x 3 " � e �+e. CMG •I 4e N 1 til - SAN J04 OU /N PLC C 0 /d Hr«s IM. � C p y �vo PLC Ae, p� C-0 -H CON C. 0- H Q COM rt7p uICOLAS OR,ve� PrS ea +e. ✓ll i I srs. vo. s9 -RA- / toposEl> f I CE y yr s oFFsITE 'PA -KKING A &IME MENT \j IC ( N IT y i'n A P ml�Lr Planning Commission Meeting April 7, 1977 CITY OF NEWPORT BEACH March 30, 1977 Item No. 3 TO: Planning Commission FROM: Department of Community Development SUBJECT: Offsite Parking Agreement (Discussion) Request to accept an offsite parking agreement for a portion of the required parking spaces in conjunction with the construction of Newport Center Medical Building No. 3 in Newport Center. LOCATION: Parcel 1 of Parcel Map 91 -19 (Resubdivision No. 524) located at 1481 Avocado Avenue, on the southwesterly corner of Avocado Avenue and San Nicholas Drive in Newport Center. ZONE: C -O -H APPLICANT OWNER Application Causey & Rhodes, Builders and Developers, Newport Beach Same as Applicant (i.e. 55 year lease from The Irvine Company) This application requests approval of an offsite parking agreement for a portion of the required parking spaces in conjunction with the proposed Newport Center Medical Building No. 3 in Newport Center. In accordance with Section 20.30.035 D. of the Newport Beach Municipal Code, the Planning Commission 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 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 immediate 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, 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 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. Item No. 3 0 T0: Planning Commission - 2. Environmental Significance This project has been reviewed, and it has been determined that it will not have any significant environmental impact. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Administrative, Professional, and Financial Commercial" uses. The proposed office development falls within the uses permitted. Subject Property and Surrounding Land Use The property in question is presently vacant. To the north, across San Nicholas Drive, is an office building; to the east, across Avocado Avenue, is vacant property; to the south, is the Newport Center Medical Building No. 2 and related offstreet parking spaces; and to the west, is the Great Western Savings building complex and related offstreet parking spaces. Analysis The applicant proposes to construct the eight story Newport Center Medical Building No. 3 on the property in question. Three hundred and sixty six (366) offstreet parking spaces are required in con- junction with the proposed commercial development, based upon one parking s ace for each 250 sq. ft. of gross floor area (i.e. 91,448 sq. ft. ±� in the structure. The attached plot plan indicates that 343 parking spaces are located on the subject property as well as portions of 8 other parking spaces. The remaining 15 parking spaces and the residual portions of the 8 parking spaces noted above required by Code are proposed to be located on adjoining property. The adjoining offsite area is currently unimproved and was surplus to the development of the parking lot for Newport Center Medical Building No. 2. Staff is of the opinion that the proposed offsite parking area is so located to be useful, and will not create undue traffic hazards in the surrounding vicinity. Furthermore, both sites are leased by the applicant from The Irvine Company on 55 year ground leases. The City Traffic Engineer has also approved the proposed parking layout, and has no objections to the offsite parking arrangement. Specific Findings and Recommendation Staff recommends the. approval of an offsite parking agreement for a portion of the required parking spaces for the proposed Newport Center Medical Building No. 3 and suggests that the Planning Commis- sion make the following findings in conjunction with the applicant's request: 1. The offsite parking area adjoins the subject property, and therefore, is so located to be useful to the proposed office use. 2. The offsite parking spaces will not create undue traffic hazards in the surrounding area. 3. The applicant is a long term lessee of the proposed office site and the adjoining offsite parking area. 4. The City Traffic Engineer has approved the proposed offsite parking arrangement. Approval of the offsite parking agreement is recommended, subject to the following condition: Item No. 3 0 0 TO: Planning Commission - 3. 1. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 15 parking spaces, portions of eight other parking spaces and related access thereto, shall be provided on Parcel 1 of Parcel Map 37 -23 (Resubdivision No. 297) for the duration of the proposed office use on the adjoining property. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR BY_ William R. Laycock, Senior Planner WRL /sh Attachments: Vicinity Map Letter from Applicant dated 3/2/77 Plot Plan Item No rc !r rc !� 3 I 0 r 0 P- C 0 P -C V �' � i''R` -3it' �D4D 'i 54N ✓OAOU /N P-C C-0-H aiL[s ^ 0 .M., D C p 5 ,p�vF -0-H RC C-0 -H COH © ' f S� rn..vv. c: s C 0- N I� et79 ' As SAN NICOLAS �QNE so`oE E COH C -O -H coH R L opoSE=► 0FF FF51tE 'PARKING. AREA S441 r QQ✓o -RA- 'OSED ICE o � / Q -R-t-B- / z RC \ \ ,l l I n It -1It Rvs� i I i �RlB OFFSITE 'PA -KKING AGREEMENT L 1 NEWPORT CENTER MEDICAL BUILDINGS OFFICE OF THE BUILDINGS GILL 9. CAUSEV 1401 AVOCADO AVENUE - PENTHOUSE SUITE ARICA CODS 714 FRANK A. RHODES. JR. TCIEPHONE 644 -0603 NEWPORT BEACH. CALIF'O RNIA 92660 March 2, 1977 Mr. James D. Hewicker Assistant Director Community Development 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Hewicker: In accordance with our previous discussion I am forwarding you twenty (20) copies of the Parking Plan for Newport Center Medical Building #3. This building is located on the Southwest corner of Avocado.Avenue and San Nicolais Avenue, in Newport Center, adjacent to Newport Center Medical Building #2, 1401 Avocado Avenue. This site is leased from the Irvine Company on a 55 -Year lease and the legal description is as follows: Parcel 1, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 91, Page 19, Parcel Maps, Records of Said County. Being a portion of Block 93 of Irvine's Subdivision per Map Filed in Book 1, Page 88, Miscellaneous Maps, Records of Orange County, California. I Building #2, 1401 Avocado Avenue, is also leased from The Irvine Company on a 55 -year ground lease and it is on a site described as follows: Parcel 1 being a Portion of Block 93 of Irvine's Sub - division per Map Filed in Book 1, Page 88, Miscellaneous Maps, Records of Orange County, California. There is a portion of the #2 building site that is 30 feet by 184.5 feet between building #2 parking lot and building #3 property line which xas surplus land in the development of the building #2 parking. We include this in the parking plan for building #3 as shown on the enclosed site clan. Since Causey and Rhodes are the Lessees on both sites, we request the permission to use the surplus portion of the building ,`r`2 site Page two March 2, 1977 for the building #3 parking requirement. We are willing to execute an agreement to tie this portion of building #2 site to the building #3 parking requirement. Thank you for your cooperation and assistance in this matter. Yours truly, NEWPORT CENTER MEDICAL BUILD NGS Frank A. Rhodes, Jr. FAR:db 0 By .., ftl RESOLUTION NO. 9061 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 CAUSEY & RHODES, BUILDERS AND DEVELOPERS, NEWPORT BEACH AND THE CITY OF NEWPORT BEACH IN CONNECTION WITH CONSTRUCTION OF NEWPORT CENTER MEDICAL BUILDING NO. 3 - 1481 AVOCADO AVENUE 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 Causey & Rhodes, Builders and Developers, Newport Beach, in connection with construction of Newport Center Medical Building No. 3 - 1481 Avocado Avenue; and WHEREAS, the City Council has reviewed the terms and conditions of said off -site parking agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking 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 11th day of ATTEST: City Clerk i 1977. DDO /bc 4/7/77 BY w. L7 RESOLUTION NO. 9 06 1 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 CAUSEY & RHODES, BUILDERS AND DEVELOPERS, NEWPORT BEACH AND THE CITY OF NEWPORT BEACH IN CONNECTION WITH CONSTRUCTION OF NEWPORT CENTER MEDICAL BUILDING NO. 3 - 1481 AVOCADO AVENUE 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 Causey & Rhodes, Builders and Developers, Newport Beach, in connection with construction of Newport Center Medical Building No. 3 - 1481 Avocado Avenue; and WHEREAS, the City Council has reviewed the terms and conditions of said off -site parking agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking 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 11th day of April , 1977. Mayor ATTEST: City Clerk DDO /bc 4/7/77