HomeMy WebLinkAboutC-2246 - Subdivision Agreement, Public Improvement Resub No. 654lF-A /. %�(i*n
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UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE,
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AND BEARS INTEREST AT THE RATE OF -0- 9b PER ANNUM
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SUBSTANTIAL INTEREST 15 FORFEITED./
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CITY NEWPORT BEACH ORECEIPT
jEVIiPORT NEWPORT BEACH. CALIFORNIA 92663 No. 15731
ATE
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II RECEIVED FROM
FOR:61-4 Iqll
ACCOUNT NO. ACCOUNT NO.
DEPARTMENT
By
- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -
ACCT. No
EXPENSE CHECK
NEWPORT BEACH, CALIF.. January 20, 1981
13255
90-3128
1222
PAY TO THE ORDER OF **City of Newport Beach* $ **385.00**
1:1,22231,281fl: 0 2900 If I L.00 I
BANK OF NEWPORT
NEWPORT BEACH, CALIFORNIA 92660
DATE I DESCRIPTION I AMOUNT
1/20/81 1 Inspectibn Fee 1 $385.00
BANK OF NEWPORT e,!:
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Ban'k of Newport
1:1,22231,281fl: 0 2900 If I L.00 I
BANK OF NEWPORT
NEWPORT BEACH, CALIFORNIA 92660
DATE I DESCRIPTION I AMOUNT
1/20/81 1 Inspectibn Fee 1 $385.00
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City Council Meeting March 9, 1981
Agenda Item No. F -2(a)
°Y y w ART BEACH CITY OF NEWPORT BEACH
-ry O� !:n
TO:
FROM:
SUBJECT:
LOCATION:
ZONE:
APPLICANT:
OWNER:
Application
City Council
Planning Department
Request for an Off -Site Parking Agreement in conjunc-
tion with the existing Bank of Newport facility in
the A -P -H District.
Portion of Lot 3, Tract No. 1125, located on the
southwesterly corner of Dover Drive and 16th Street
(bank site).
A -P -H
Bank of Newport, Newport Beach
Same as Applicant
This application requests approval of an off -site parking agreement for
a portion of the required parking spaces in conjunction with the Bank
of Newport complex located on the southwesterly corner of Dover Drive
and 16th Street. In accordance with Section 20.30.035(D) of the New-
port Beach Municipal Code, the Planning Commission shall not recommend
and the City Council shall not approve off - street parking on a sepa-
rate 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 owner-
ship, 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 owner-
ship 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
-0
TO: City Council - 2. •
City Attorney, providing for the maintenance of the
required off - street parking on such lot for the dura-
tion 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 ap-
plicable at the time shall apply. Such instruments
shall be recorded in the office of the County Recorder
and copies thereof filed with the Planning Department.
Suggested Action
If desired, adopt Resolution No. authorizing the execution of
an off -site parking agreement between the City of Newport Beach and
the Bank of Newport, Newport Beach.
Planning Commission Recommendation
At its meeting of June 19, 1980, the Planning Commission voted (6 Ayes
1 Absent) to approve Resubdivision No. 654 to create three parcels of
land for commercial development. The Commission also recommended the
acceptance of an off -site parking agreement for a portion of the re-
quired parking spaces for the bank use.
Bank of Newport Parkino Spaces
Building records indicate that the subject Bank of Newport facility was
constructed on the site in 1972. Twenty -four (24) off - street parking
spaces were required for the commercial development, based upon one
parking space for each 250 sq.ft. of floor area within the 6,000 sq.ft.
of commercial space on the property. Thirty -four (34) parking spaces
are now utilized by customers and employees of the bank use. However,
a recent survey of the property revealed that nineteen of said parking
spaces were actually located on Parcel No. 2 of Resubdivision No. 654
and not on the bank site as required. The applicant is therefore re-
questing an off -site parking agreement for the nine additional required
parking spaces so as to legalize an existing situation. The Planning
Commission recommended the approval of said agreement inasmuch as the
bank will maintain a long -term lease on the property.
The Commission approved Resubdivision No. 654 subject to twelve Findings
and ten Conditions of Approval as set forth in the excerpt of the Plan-
ning Commission minutes which is attached. Also attached for the infor-
mation and review of the City Council is a copy of the Planning Commis-
sion Staff Report which fully describes the applicant's request.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by
WILLIAM R. LAY K
Current Planning Aministrator
WRL /kk
Attachments for City Council Only:
1) Vicinity Map
flExcerpt of the Planning Commission Minutes dated June 19, 1980
Planning Commission Staff Report with Attachments
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UNCLASSIFIED
NEIGH PORNOOD -COMMERCIAL
COMBINING DISTRICTS
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C MISSONERS1 M ,ULAR PLANNING COMMISSION ML i iNG MS%it%jES
Place: City Council Chambers
Time: 7:30 p.m.
Date: June 19, 1980
tit City of Newport Beach
ROIL CALL INDEX
Present
Absent
Motion
Absent
x
Ix
x
mmissioner Thomas was absent.
EX- OFFUIO MEMBERS:
Robert Bul%pham, Assistant City Attorney
STAFF MEMBERS:
William R. Laycock Current Planning Administrato
Rich Edmonston, Tra is Engineer
Fred Talarico, Envir mental Coordinator
Glenna Sutton, Secreta
The approval of the minutes \Planing Planning
Commission Meeting of May 22, were
postponed until the regular Commission
meeting of July 10, 1980.
* r
Motion was made to continue Agenda Ite Nos. 6
and 7, a Traffic Study and Use Permit N 1941
for an office - retail complex on Mariners N ile to
the regular Planning Commission meeting of uly10
1980,as per the Staff's request, pending
review of additional information to be submit d
by the applicant.
r r w
Request to create three parcels of land for Item N
commercial development, and the acceptance of an
offsite parking agreement for a portion of the Resub-
required parking spaces for the Bank of Newport divisi
complex, and the acceptance of an Environmental No. 65
Document.
LOCATION: Lot 148, Tract No. 1218, APPROVED
located at 745 Dover Dri a CONDI-
on the westerly side of 'TIONALLY
Dover Drive, southerly
of 16th Street.
-1_
y
0 • MINUTK
June 19, 1980
of Newport Beach
ZONE: A -P -H
APPLICANT: Bank of Newport,
Newport Beach
OWNER: Lawrence K. Harvey, et al,
Corona del Mar
ENGINEER: Robert Bein, Willian Frost
b Associates, Newport Beach
Staff recommended that the Conditions of Approval)
Nos. 3 and 5 be amended to incorporate some of
the Planning Commission's concerns at the last
meeting. Condition No. 3 should read that "the
remaining sidewalk along Dover Drive be completed
and a street apron be constructed prior to the
issuance of a building permit for any new con-
struction on the adjoining Bank of Newport proper
ty ". Condition No. 5 was suggested to read that
"parcel #2 be used for landscaping, vehicular
access and offstreet parking purposes only, and
that said requirements shall be noted on the
parcel map." In addition, the City Attorney's
office requested additional findings if the
resubdivision were approved in conjunction with
Parcel #2. Mr. Robert Burnham, Assistant City
Attorney, stated that a copy of the report had
been given to the applicant, and a discussion had
been held with the applicant and his attorney,
Mr. Dennis Harwood, who had a report to make.
The Public Hearing was opened regarding this
item and Mr. Harwood, 550 Newport Center Drive,
Attorney for the Bank of Newport, appeared
before the Planning Commission and stated that a
parcel map was required even if the parcel wereor
a short term lease. He also stated their con-
currence with the conditions as set forth in the
City Attorney's memo to the applicant. He
advised there would be no development on the
crescent shaped, smaller Parcel, No. 2, and that
it would be used for limited parking purposes
only. He also informed the Commission that a
portion of this parcel would be utilized to
create additional drive areas to facilitate
traffic flow to the Bank of Newport drive -up tell
facility.
-2 -
INDEX
FIN
0
July 19, 1980
City d Newport Beach
• MINUTES
INDEX
Commissioner Beek posed a question, i.e., the
irregularly shaped parcel, to which Mr. Harwood
replied that the parcel now occupied by the bank
is owned by the bank, and the smaller, crescent
shaped parcel is on a long term lease.
In response to another question posed by
Commissioner Beek, Mr. Harwood replied that the
recordation of the parcel map would insure
greater protection than an offsite parking
agreement. He explained that a parking agree-
ment is a license to use another parcel, whereas
the recordation of a parcel map is a transaction
in which a lease is being created in considera-
tion for the continuing right to use the parcel.
Mr. Burnham advised that (1) it would be difficul
to describe the area that is going to be the
subject of the offsite parking agreement without
the parcel map; and (2) the bank must make cer-
tain improvements to the irregularly shaped parce
so that they could continue to use it for parking
purposes. He expressed the feeling that the
creation of this irregularly shaped parcel would
facilitate landscaping, and the expansion of the
access into the drive -up teller location should
be a condition to the approval of the map, since
it would alleviate the problem of traffic backine
up on 16th Street.
In response to a question posed by Commissioner
Beek, Mr. Harwood replied that the bank desired
to preserve the integrity of the adjoining parcel
and the issue of the offstreet parking agreement
and the acquisition of the adjoining parcel could
not be confused. He explained that the acquisi-
tion of the parcel itself would conform with a
long term existing use of the paroperty, as well
as to conform to the existing topography.
Paul Ruffing, 610 Newport Center Drive, appeared
before the Commission, and stated their intentio
of adding two additional lanes to the existing
Bank of Newport drive -up teller facility, thereb
allowing for four lanes with storage space for
eighteen cars onsite. He also explained the
mechanics of drive -up teller window activity.
-3-
Motion
COMMISSIONERS •
. GtV
x..
• MINUI\
June 19, 1980
of Newport Beach
A motion was made that the Resubdivision No. 654
be approved subject to the following findings and
conditions:
That the map meets the requirements of
Title 19 of the Newport Beach Municipal Code,
all ordinances of the City, all applicable
general or specific plans and the Planning
Commission is satisfied with the plan of
subdivision.
2. That the proposed resubdivision presents no
problems from a planning standpoint.
That the proposed development is consistent
with the Land Use Element of the General Plan
and is compatible with surrounding land uses.
The project will not have any significant
impact.
The Police Department has indicated that
they do not contemplate any problems.
The offsite parking area adjoins the Bank
of Newport property and has been utilized by
the customers and employees of the bank
since 1972.
7. The offsite parking spaces will not create
undue traffic hazards in the surrounding
area.
8. The applicant will maintain a long term
lease for the offsite parking area.
9. The City Traffic Engineer has approved the
proposed offsite parking arrangement.
10. That there are special circumstances for
the creation of the irregularly shaped
parcel i12, those being the long standing use
of the property within the parcel for parking
purposes and the location of that parcel at
the foot of a slope such that the area
benefits only the parcel presently occupied
and owned by the Bank of Newport.
-4-
INDEX
7
COMMISSIONERS
4111
ROLL CALL
MINUTES
June 19, 1980 •
City of Newport Beach
INDEX
11. Thatthe exception is necessary to preserve
a substantial property right of the Bank of
Newport.
12. That the granting of the exception will not
be detrimental to the public welfare or
injurious to property in the vicinity.
CONDITIONS OF APPROVAL
1. That a parcel map be filed.
2. That all improvements be constructed as
required by ordinance and the Public Works
Department.
3. That the remaining sidewalk along the Dover
Drive frontage be completed, and a standard
drive apron be constructed at the southerly
drive prior to the issuance of a building
permit for any new construction on the
adjoining Bank of Newport property.
4. That a standard subdivision agreement and
accompanying surety be provided to
guarantee the satisfactory completion of
the public improvements if it is desired
to obtain Building Permits or to record
the Parcel Map prior to completion of the
public improvements.
5. That parcel #2 shall be utilized for land-
scaping, vehicular access and offstreet
parking purposes only, and that said requir(
ment shall be noted on the Parcel Map.
6. That an offsite parking agreement shall
be approved by the City Council guarantee-
ing that a minimum of 9 parking spaces
shall be provided on Parcel No. 2 of this
application, for the duration of the Bank
of Newport use on the property (that portioi
of Lot 3, Tract No. 1125, located on the
southwesterly corner of Dover Drive and
16th Street).
-5-
Motion
Ayes
Absent
iMISSIONERS • •
June 19, 1980
a
City of Newport Beach
x
X
MINUTE$
7. That there be a document recorded satis-
factory to the City Attorney and the
Planning Director providing for the common
access to Dover Drive and 16th Street and
common parking spaces for Parcel Nos. 1
and 2 of this application and for the
existing Bank of Newport property.
8. Vacuum sweeping of all paved parking areas
and drives shall be provided on the subject
property on a weekly basis.
9. The project shall provide for the sorting
of recyclable material from other solid
wastes.
10. The applicant shall expand the existing Ban
of Newport drive -up teller facility so as
to accommodate four vehicular lanes to
said facility. The driveway on 16th
Street shall also be widened to accommodate
the four vehicular lanes as approved by -_
the City Traffic Engineer.
Commissioner Allen posed a question, to which
William Laycock, Current Planning Administrator,
replied that if the drive -up teller facility
were relocated in the future, it would neces-
sarily come before the Planning Commission for
a use permit, at which time the situation would
be reassessed.
Motion was CONDITIONALLY APPROVED.
Req t to create two parcels of land for commer-
cial elopment where one lot now exists, the
acceptan of an offsite parking agreement for a
portion of required parking spaces for Kam'_s
Restaurant fac ity, and the acceptance of an
Environmental Do ent.
LOCATION: Lot 2, act No. 10274, located at
2101 and 1 East Coast Highway,.
on the south terly corner of
East Coast Nigh and Avocado
Avenue, adjacent Irvine Terrace.
Q
April 17, 1980
TO:
FROM:
SUBJECT:
LOCATION:
ZONE:
APPLICANT:
OWNER:
Application
Anning Commission Meetir.,pril 24, 1.980
Agenda Item No.
CITY OF NEWPORT BEACH
Planning Commission
Planning Department
Resubdivision No. 654 (Public Hearing)
6
Request to create three parcels of land for
commercial development, the acceptance of an
offsite parking agreement for a portion of the
required parking spaces for the Bank of Newport
complex, and the acceptance of an Environmental
Document.
Lot 148, Tract No. 1218, located at 745 Dover
Drive, on the westerly side of Dover Drive, southerly
of 16th Street.
A -P -H
Bank of Newport, Newport Beach
Lawrence K. Harvey, et al, Corona del Mar
This application requests approval of a resubdivision so as to create
three parcels of land for commercial development where one lot now
exists. Resubdivision procedures are outlined in Section 19.12.040
of the Newport Beach Municipal Code.
This application also requests approval of an off -site parking
agreement for a portion of the required parking spaces for the
Bank of Newport facility on the adjoining property. 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 offstreet 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.
T0: Plans.., Commission - 2. •
(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 offstreet 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 offstreet 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 Planning Department.
Environmental Siqnificance
After an Initial Study, it has been determined that this project will
not have any significant environmental impact. A Negative Declaration
has been prepared, and is attached for Commission review.
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for
"Administrative, Professional, and Financial Commercial" uses. The
proposed development falls within the uses permitted.
Subject Property and Surrounding Land Use
The subject lot to be resubdivided consists of the Raleigh Hills
Rehabilitation Center with frontage on 16th Street, the Dover Medical
Building complex with frontage on Dover Drive, and existing offstreet
parking spaces utilized by the Bank of Newport complex located on
adjoining property. To the northeast, across 16th Street, is The
Church of Jesus Christ of Latter -Day Saints complex; to the east,
is the Bank of Newport facility discussed above, and across Dover
Drive, the Newport Harbor Lutheran Church project; to the southwest,
are single family dwellings; and to the west, is the Newport -Mesa.
Unified School District office complex and the Newport Harbor High
School facility.
Analysis
The applicant proposes to create three parcels of land where one lot
now exists. Parcel No. 1 has an area of 1.01 acres, and consists
of the existing Dover Medical Building complex and related offstreet
parking spaces.
T0: Planne Commission - 3. .
Parcel No. 2 has an area of 0.19 acres, and is a narrow (0' - 28' +
wide), triangularly- shaped parcel between the Raleigh Hills
Rehabilitation Center and the Bank of Newport complex (see location
on attached tentative parcel map). A portion of the required offstreet
parking spaces for the subject bank facility and a landscaped.bluff
between the two adjoining building sites now exist on Parcel No. 2.
The applicant is requesting that an offstreet parking agreement for a
portion of said parking spaces on the narrow parcel for the bank use
be approved by the City. Details of this request are discussed below.
Parcel No. 3 contains 1.60 acres of land area that consists of the
Raleigh Hills Rehabilitation Center buildings and related offstreet
parking spaces.
The purpose of this resubdivision is to allow the Bank of Newport
to utilize Parcel Nos. 1 and 2 for its own purposes. The property
owner proposes to lease the subject parcels to the bank facility
for 42 years so as to allow the Bank of Newport to expand its
operations. The bank is now leasing office space in the existing
Dover Medical Building located on Parcel No. 1. Additional space
in the structure will be utilized by various departments of the bank
as leases of existing tenants expire. Future development also
includes the relocation of the existing bank's drive -up teller facility
onto Parcel No. 1. However, this request will require the approval of
a use permit by the Planning Commission at a later date.
Bank of Newport Parkina Spaces
Building records indicate that the Bank of Newport facility was
constructed on the adjoining property in 1972. Twenty -Four (24)
offstreet parking spaces were required for the bank use, based upon
one parking space for each Z" sq.ft. within the buildings on
the property. The attached plot plan indicates that 34 parking spaces
are utilized by customers and employees of the bank use. However,
a recent survey of the property revealed that 19 of said parking spaces
were actually located on the property being resubdivided and not on the
bank site as required. The applicant is therefore requesting an pffsite
parking agreement for the 9 additional required parking spaces so
as to legalize an existing situation. Staff has no objections with
the applicant's request, inasmuch as the parking spaces have been
utilized by the bank facility since 1972. (An inspection of the area
indicated that a physical barrier of a 1' - 20' + high landscaped
bluff separates the Bank of Newport property and the subject offsite
parking spaces from the adjoining Raleigh Hills Rehabilitation Center).
Furthermore, the parking spaces are located on Parcel No. 2 of this
tentative parcel map, and the bank will maintain a long term lease
on the property.
Specific Findings and Suggestions
Section 19.12.020 (D) of the Newport Beach Municipal Code provides
that in order to approve a resubdivision, the Commission shall determine
that it is satisfied with the plan of subdivision, that the map is in
conformity with the requirements of Title 19, all ordinances of the City
and all applicable general or specific plans.
/z
TO: Plalkg Commission - 4. •
If the Planning Commission desires to approve this application, and the
related offsite parking agreement, the findings and conditions of
approval as set forth in Exhibit A are suggested.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
By_ - W A#A0
William R. Laycoc
Current Plani i4fistrator
WRL /dlt
Attachments: Exhibit A
Vicinity Map
Negative Declaration
Tentative Parcel Map
Plot Plan of Bank of Newport facility
and offsite parking spaces located on Parcel No. 2
13
• Exhibit A •
Findings and Conditions
Of Approval
Resubdivision No. 654
A. FINDINGS:
1. That the map meets the requirements of Title 19 of the Newport
Beach Municipal Code, all ordinances of the City, all applicable
general or specific plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no problems from a plannini
standpoint.
3. That the proposed development is consistent with the Land Use
Element of the General Plan and is compatible with surrounding
land uses.
4. The project will not have any significant environmental impact.
5. The Police. Department has indicated that they do not contemplate
any problems.
6. The offsite parking area adjoins the Bank of Newport property
and has been utilized by the customers and employees of the
bank use since 1972.
7. The offsite parking spaces will not create undue traffic hazards
in the surrounding area.
8. The applicant will maintain a long term lease for the offsite
parking area.
9. The City Traffic Engineer has approved the proposed offsite
parking arrangement.
B. CONDITIONS OF APPROVAL
1. That a parcel map be filed.
2. That all improvements be constructed as required by ordinance
and the Public Works Department.
3. That the remaining sidewalk along the Dover Drive frontage
be completed, and a standard drive,apron be constructed at the
southerly drive.
4. That a standard subdivision agreement and accompanying surety
be provided to guarantee the satisfactory completion of the
public improvements if it is desired to obtain Building Permits
or to record the Parcel Map prior to completion of the public
improvements.
/d/
1
5. That Parcel No. 2 shall be utilized for landscaping and offstreet
parking purposes only.
6. That an offsite parking agreement shall be approved by the City
Council guaranteeing that a minimum of 9 parking spaces shall be
provided on Parcel No. 2 of this application, for the duration
of the Bank of Newport use on the property (that portion of
Lot 3, Tract No. 1125, located on the southwesterly corner
of Dover Drive and 16th Street). ,
i
7. That there be a document recorded satisfactory to the City
Attorney and the Planning Director providing for the common
access to Dover Drive and 16th Street and common parking
spaces for Parcel Nos. l and 2 of this application and for
the existing Bank of Newport property.
8. Vacuum sweeping of all paved parking areas and drives shall be ;
provided on the subject property on a weekly basis.
i
9. The project shall provide for the sorting of recycable material
from other solid wastes.
l:5
0
NEGATIVE DECLARATION
10: Secretary for Resources
1400 Tenth Street
Sacramento, CA 95814
X Clerk of the Board of
Supervisors
P. 0. Box 687
NAME OF PROJECT: Bank of Newport
PROJECT LOCATION:
PROJECT DESCRIPTION:
0
FROM: Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Resubdivision of 2.8 acres into three parcels.
There is no anticipated change of use.
FINDING: Pursuant to the provisions of City Council Policy K -3 pertaining to
procedures and guidelines to implement the California Environmental Quality
Act, the Environmental Affairs Committee has evaluated the proposed project
and determined that the proposed project will not have a significant effect
on the environment.
MITIGATION MEASURES:
1
2
The applicant's should provide for weekly vacuum
sweeping of all paved parking areas and drives.
The final design of the project should provide for
the sorting of recyclable material from other
solid waste.
INITIAL STY 'JY PREPARED BY: City of N
INITIAL STUDY AVAILABLE FOR REVIEW AT:
DATE RECEIVED FOR FILING:
rt Beach
3300 Newport Boulevard, tlewpor:. Beach, CA
rrea iaiarico
Environmental Coordinator
Date: April 17, 1980
Q l
0
February 9, 1981
✓ �� ����+�J CITY COUNC AGENDA
ITEM N0.
F F B �) )TTcppr3 �
By tha ciiY COUiVCCITY COUNCIL
IL
CITY OF t,'SW %A.BW"M is Works Department
SUBJECT: Resubdivision No. 654
LOCATION: Lot 148, Tract No. 1218, located at 745 Dover Drive, on the
westerly side of Dover Drive southerly of 16th Street
SUBDIVIDER: Bank of Newport, Newport Beach
RECOMMENDATION:
Adopt a resolution (a) approving a subdivision agreement
guaranteeing completion of the public improvements re-
quired with Resubdivision No. 654; and (b) authorizing the
Mayor and the City Clerk to execute the agreement.
DISCUSSION:
On June 19, 1980, the Planning Commission conditionally approved
Resubdivision No. 654. The conditions of approval included the following:
1. Filing of a parcel map.
2. Completion of the missing concrete sidewalk along Dover
Drive including the construction of a standard concrete
drive apron.
The subdivider desires to record the parcel map prior to comple-
tion of the public improvements. In order to guarantee completion of the
public improvements, the developer has executed an appropriate agreement and
provided the accompanying security in the form of certificates of deposit
(Certificate Nos. M220 and M221) on deposit with the City Clerk's office.
The agreement establishes the developer's obligation to complete
the public improvement construction. The faithful performance surety and the
labor and materials surety are in the amount of $3,850 each, which is one -half
the estimated cost of the improvements.
An exhibit is attached for reference.
a G�4
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
y�.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BONO.S AND AGREEMENT
729 BE ACCEPTEO
RESU6. 6S¢
DRAWN ~ -.H. DATE
APPROVED
4
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PUBLIC WORKS DIRECTOR
R.E. NO. -
DRAWING NO. EXii 1B17'
C84) Rmb 164 . ip
H B 1) 19911
By the CTdUNIgm
CITY {NO -4"T~s Department
SUBJECT: Resubdivision No. 654
0
February 9, 1981
CITY COUNCIL AGENDA-
ITEM
NO. - a (
.
LOCATION: Lot 148, Tract No. 1218, located at 745 Dover Drive, on the
westerly side of Dover Drive southerly of 16th Street
SUBDIVIDER: Bank of Newport, Newport Beach
RECOMMENDATION:
Adopt a resolution (a) approving a subdivision agreement
guaranteeing completion of the public improvements re-
quired with Resubdivision No. 654; and (b) authorizing the
Mayor and the City Clerk to execute the agreement.
DISCUSSION:
On June 19, 1980, the Planning Commission conditionally approved
Resubdivision No. 654. The conditions of approval included the following:
1. Filing of a parcel map.
2. Completion of the missing concrete sidewalk along Dover
Drive including the construction of a standard concrete
drive apron.
The subdivider desires to record the parcel map prior to comple-
tion of the public improvements. In order to guarantee completion of the
public improvements, the developer has executed an appropriate agreement and
provided the accompanying security in the form of certificates of deposit
(Certificate Nos. M220 and M221) on deposit with the City Clerk's office.
The agreement establishes the developer's obligation to complete
the public improvement construction. The faithful performance surety and the
labor and materials surety are in the amount of $3,850 each, which is one -half
the estimated cost of the improvements.
An exhibit is attached for reference.
ago
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
V�.
GJ�
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BONGS AND A6'iPEEMENT
7V 6E ACCEPTED
RESL/6. 6.9¢
DRAWN P2N..N. DATE
APPROVED
4
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PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING N0. zmmla /T
l � � � kdoPrat a- q-gl
January 30, 1981
TO: (1) CITY ATTORNEY
(2) CITY MANAGER
(3) CITY CLERK
FROM: Public Works Department
SUBJECT: AGREEMENT AND SURETY FOR RESUBDIVISION NO. 654
Attached are the following:
1. Original and two copies of a Subdivision Agreement.
The Public Works Department has reviewed the agreement and sureties
in the form of certificates of deposit and has found them to be in order and
sufficient to cover the cost of the required improvements. A check in the
amount of $385 has been deposited to cover the cost of inspection fees and
plan checking.
Action requested:
1. City Attorney
a. Approve agreement as to form.
b. Forward all copies to City Manager.
c. Prepare resolution authorizing Mayor and City Clerk
to execute agreement.
2. City Manager
a. Approve agreement as to sufficiency.
b. Forward all copies to City Clerk.
3. City Clerk
a. Present agreement to City Council for approval.
b. Have Mayor execute the agreement.
c. Retain original of agreement and bonds for your files
and return all copies to Public Works Department.
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
AGREEMENT FOR CONSTRUCTION
OF IMPROVEMENTS
(TRACT /RESUBDIVISION NO. 654 )
THIS AGREEMENT, made and entered into this 9th day of _February ,
1981 , by and between Bank of Newport , whose business
address is Coast Highway at Avocado, Newport Beach, CA , and if an individual,
whose residence address is ,
hereinafter referred to as "Subdivider," and the CITY OF NEWPORT BEACH, a municipal
corporation, organized and existing under and by virtue of its Charter and the Constitution
and the laws of the State of California, hereinafter referred to as "City ";
WITNESSETH:
WHEREAS, Subdivider proposes to subdivide land within the City of Newport
Beach to be known as Resubdivision No. 654 and
Tract No. or Resubdivision No.
WHEREAS, Subdivider proposes to construct street and other public improvements
in connection with said subdivision as required by the Newport Beach Municipal Code and
as hereinafter provided, which work and improvements, without limitation by enumeration,
consists of:
The above enumeration of items is understood to be only a general designation of the work
and improvements, and not a binding description thereof; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach Municipal
Code provide for an agreement containing certain provisions as hereinafter set out,
NOW, THEREFORE, in consideration of their mutual promises, the parties hereto
agree as follows:
1. Subdivider agrees to complete all improvement work in accordance with
plans and specifications approved by the Public Works Director, including all improvements
required by the Municipal Code which were not specifically waived by the Planning
Commission or City Council in approving the subdivision, plus any additional improvements
required by the Planning Commission or City Council as a condition of approving the sub-
division. The conditions imposed by the Planning Commission or City Council are incor-
porated herein by reference and made a part hereof as though full set forth. Subdivider
agrees to complete said improvements within a period of six months from the date
hereof, unless such time be extended by the City upon written application of the Sub-
divider. It is understood that by providing security for this agreement, the surety
consents in advance to any extension of time as may be given by the City to the Sub-
divider and waives notices of such extension. The making of an application for an exten-
sion of time by the Subdivider shall, upon the granting of the application by the City,
constitute a waiver by the Subdivider and by the surety of all defenses of lathes,
estoppel, statutes of limitations, and other limitations of action in any action or
proceeding filed by the City within the period of four (4) years immediately following
the date to which the time of performance was extended.
2. Said improvements shall be completed to the satisfaction of the Public Works
Director of City, and Subdivider shall pay the costs of inspection of said work in
accordance with the established schedule of charges for inspection heretofore adopted and
on file in the Director of Public Works' Office.
3. If Subdivider shall fail to complete said improvements within the period set
out above, City may resort to any security deposited by Subdivider in accordance with
Section 19.16.170 of the Newport Beach Municipal Code or call upon the surety for Sub-
divider to pay for said improvements or to supply the money for the completion of said
improvements in accordance with this agreement and the provisions of the Newport Beach
Municipal Code. Subdivider shall also be responsible for said improvements and the cost
thereof.
1 of 2 1--00�
4. It is further understood and agreed that upon default of any obligation
hereunder, and at any time after any such default, the City may make written demand upon
the Subdivider or surety or both to immediately remedy the default or complete the work.
If said remedial activities or completion of work are not commenced within seven (7) days
after such demand is made and are not thereafter diligently prosecuted to completion and
fully completed within thirty (30) days after the making of such demand (or such other time
as may be contained in said demand), the City may then complete or arrange for completion
of all remaining work or conduct such remedial activity as in the sole judgment of the City
may be required, all at the full expense and obligation of the Subdivider and surety and
all without the necessity of giving any further notice to the Subdivider or surety
before the City performs or arranges for performance of any remaining work or improvements,
and whether or not the Subdivider or surety have constructed any of the required improve-
ments at the time. In the event the City elects to complete or arrange for completion of
remaining work and improvements the Public Works Director, upon such election, may require
all work by the Subdivider or surety to cease in order to permit adequate coordination by
the City for completing any remaining work and improvements not yet completed.
5. The Subdivider shall provide security in the amount of Three Thousand
and Eight Hundred and Fifty and no /100
dollars , to guarantee the performance of this agreement. In addition, the
Subdivider shall provide security in the amount of Three Thousand and Eight
Hundred and Fifty and no /100 dollars ($ 3,85 to guarantee payment to any
contractors, subcontractors, and persons furnishing labor, materials and equipment to them
for the performance of the work herein described. Said security shall be in the form of
Time Certificate of Deposits
corporate surety bonds, cash deposits, e
6. The Subdivider promises and agrees to maintain all of the improvements to be
constructed under this contract in a state of good repair, until all of the work and
improvements are completed and accepted by or on behalf of the City and until the security
for the performance of this agreement is released. Said maintenance shall include, but
shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers,
and removal of debris from sewers and storm drains; said maintenance shall also include,
but not be limited to by this enumeration, sweeping, repairing and maintaining in good
and safe condition all streets and street improvements. It shall be the Subdivider's
responsibility to initiate this work, but if he should fail to do so, he shall promptly
perform such maintenance when notified to do so by the Public Works Director of the City.
Upon failure of the Subdivider to properly maintain, the City may do all necessary work
required by this paragraph, the cost thereof being chargeable to the Subdivider and his
surety under this agreement.
7. Subdivider agrees to indemnify and hold harmless City and its officers,
agents and employees from all demands, claims, losses or liability on account of injury
or damage to persons or property suffered or claimed to be suffered in, on or around the
subdivision by any person as a result of any act or omission by Subdivider or his agents
or employees between the date Subdivider begins work on the subdivision and the date the
improvements are completed and accepted by City.
8. If the Subdivider and the surety fail to install all or any part of the
improvements required by this agreement within the time set forth herein, or fail to
comply with any other obligation contained herein, they shall be jointly and severally
liable to the City for any administrative expenses and attorney's fees incured in obtain-
ing compliance with this agreement and any such expenses and fees incurred in processing
any action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, Subdivider has executed this agreement and the City of
Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City
Clerk thereunto duly authorized as of the day and year first above written.
Approved as to Sufficiency:
Citager
Lr,oved s t o m:
City Attorney
CL -ACI 11/78
CITY OF NEWPORT BEACH
ffid�.
By
City Clerk
Z
2 o 2
SUBDIVIDER
•
RESOLUTION NO. 9975
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SUBDIVI-
SION AGREEMENT BETWEEN.THE CITY.OF NEWPORT
BEACH AND BANK OF NEWPORT IN CONNECTION WITH
THE PUBLIC IMPROVEMENTS REQUIRED WITH
RESUBDIVISION NO. 654
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Subdivision Agreement
between the City of Newport Beach and Bank of Newport in con-
nection with the public improvements required with Resubdivision
No. 654; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Subdivision Agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to execute said Subdivision Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Subdivision 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 9th day of February, 1981.
Mayor
ATTEST:
City Clerk