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HomeMy WebLinkAboutC-2308 - Off-Site Parking Agreement, 4000 Campus Drive (Resub. 679)-03`/27/86/JJSI/ar/1625-67/Pl-F RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: &MOV, CUT(MEAli" City Clerk/917 City of Newport Beach 3300 Newport Blvd. ,Newport Beach, CA 92663-3834 M!] On CONIMMIM TERMINATION AND CANCELLATION OF OFF-SITE PARKING AGREEMENT 86-Z90�9?. RECORDED IN p FICIAL L p DS OF ORANGE COUNTY CALIFORNIA -10 x 5 A M JUL 8'86 l' >jJ e a �/ _ f1 COUNTY "� K �l/ RPCORDER On December 22, 1981, the City of Newport Beach, a municipal corporation and charter city ("City"), The Irvine Company, a Michigan Corporation ("Owner"), and Pacesetter Homes, Inc., a California corporation ("Lessee"), executed a document titled "Off -Site Parking Agreement" which was recorded on December 30, 1981, in Book 14342, Pages 269 through 273, inclusive, of Official Records, Records of Orange County, California, encumbering Lots 13, 14, 15 and 16 of Tract No. 3201, as said Tract is shown on a map recorded in Book 130, Pages 25 through 30, inclusive, of Miscellaneous Maps, Records of said County. Lessee's intended plan which had been submitted to the City for its approval and which required additional parking, resulting in the recordation of the above -referenced instrument, has been abandoned, and Lessee no longer intends to proceed with the intended plan. The Owner, Lessee, and City all agree that the property presently encumbered by such agreement ought to be released and therefore, do hereby terminate and cancel that certain Off -Site Parking Agreement referred to hereinabove effec- tive with the recordation of this document. (Signatures on next page) IN WITNESS WHEREOF, the parties hereto ve caused this document to be executed on the a,�ay of , 1986. P ROVED ASTP FORM BY: "CITY" .I` CITY OF NEWPORT BEACH, a City Attorney Mun�cipa. Corpr ion ATT Ci"Ey Clerk By : - Its "OWNER" THE IRVINE COMPANY, Michigan C.�or-Xoratiq PPP�p 'IV oG By By: STATE OF CALIFORNIA ) ss. COUNTY OF pG��jl�(Cpr✓ ) "LESSEE" PACESETT a Califo HOMES, INC., On 1986, before me, the undersigned a Notary Public in and for said State, personally appeared wILLIAM H, McC-MEL.ANII personally known to me (or proved to me on the basis of satisfactory evidence) to be the IXC, �/,�, and t` Eu2A�EhI �19PtlC�F�R1�t personally known to me (or proved to me on the basis of satisfactory evidence) to be the 4 WT, SE Qliq of The Irvine Company, the corpora- tion that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instru- ment pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and OFF;Ci;iL SEAL HILDEGARD MILES NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES OCT. 10, 1989 STATE OF CALIFORNIA ) ss. COUNTY OF pG��jl�(Cpr✓ ) "LESSEE" PACESETT a Califo HOMES, INC., On 1986, before me, the undersigned a Notary Public in and for said State, personally appeared wILLIAM H, McC-MEL.ANII personally known to me (or proved to me on the basis of satisfactory evidence) to be the IXC, �/,�, and t` Eu2A�EhI �19PtlC�F�R1�t personally known to me (or proved to me on the basis of satisfactory evidence) to be the 4 WT, SE Qliq of The Irvine Company, the corpora- tion that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instru- ment pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and STATE OF CALIFORNIA ) 6-2907 I ) ss. COUNTY OF OrancTe ) On June 2 , 1986, before me, the undersigned a Notary Public in and for said State, personally appeared John W. Klug , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Chairman , and Steven R. Strauss personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vice Presiderptf Pacesetter Homes, Inc. the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and offi,rial seal. EP �F y OFFICIAL SEAL / CARLA Y GOMEZ of %y Pubiie 9 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY MY COmm. expires OCT 20, 1987 > STATE OF CALIFORNIA ss. COUNTY OF ORANGE -On 1986, before me, the under- signed, a N-tar)A`Pu lic in and for said State, personally appeared � ° known to me to be the Mayor of the CITY OF NEWPORT BEACH, a municipal corporation and charter city, the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant of its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY L. PALEN- Nortaryub f is NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN . ORANGE COUNTY My Commission Exp. Apr. 5, 1989 01-8;21/8l/KVN/t a/1625-00/167-171 RECORDING REQUESTED BY AND 38725 WHEN RECORDED R=RN TO: City Clerk City of Nswporr Beach 3300 Newport Boul�avard C2 Newport Beach, CA 92663 OFF-SITE PARXING AGREEMIENT Pacesetter Homes, Inc. 'Lots 13, 14, 15 and 16; 3952, 4000 and 4020 Campus Drive 8K 1 4342nD 289 '14 � t�"°atr, taut -312 PU DEC30'81 4 THIS FF -SITE P ING AGREEMENT, made and entered into this E�.Ci, day of . 1981, by and between CITY OF NEWPORT B a municipal corporation and charter city ("City"). and THE IRVINE COMPANY, a Michian corporation ("Owner"), and PACESETTER HOMES, INC., a California corpora- tion ("Lessee"), is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the -parties hereto: A_ Owner owns certain real property located at 3952, 4000 and 4020 Campus Drive, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lots 13, 14, 15 and 16 of Tract No. 3201, in the City of Newport Beach, County cf Orange, State of California, as said tract is shown on a map recorded in Book 130, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the Office cf the County Recorder of said county, which property is '.-iereinafter referred to as "Lot 13" and "Lots 14-16", respectively. .. Lessee ground leases Lot 13 and Lots 14-16 from Owner. Provisions of the :Newport Beach Municipal Code require persons conducting the business for whi,h Lots 14 15 will be employed to provide parking 4paces. C. Lessee has applied to City for site plan approval for Lots 14-16 and has done so because Lessee proposes to construct an office building on Lots 14-16. Such construc- tion proposed by Lessee is such that additional parkin spaces must be provided by Lessee beyond that which will be provided on Lots 14-16. D. Lessee wishes to document its intention to grant from Lot 13 to Lots 14-16 a right to use 18 automobile parking spaces oz. Lot 13" for Lots 14-16. Owner is willing to consent to such right to use. /I. 6-'2BK 1 4 3 4 2 pe 270 E. The Plannirs Com=ission of City, in conjunc- tion with its consideration of aita plan approval, recommended to the City Council of City approval of this off -Sit* Park- ing Agreement, after determining that the conditions of Section 20.30.033(D) of than N*vport Beach Municipal Cods were satisfied. F. The city council of City considerad this pro- posed Off -Site Parking A-3rsament, determined that the A res- mant satisfied the provisions of Section 20.30.033(D) o the Newport Beach Municipal Code and authorized execution of this Agreement. NOW, THEREFORE, the parties hareto agree as follows: 1. Lessee and Owner hereby agree that for rod and valuable consideration, the recoipt and adequacy of which is hereby acknowledged, 18parking spaces on Lot 13 shall be allocated to the use of Lots 14-16 for the entire term of the lease botwean Owner and Leasee of Lots 14-16. Lessees shall be responsible for the maintenance of such parking spaces. Lessee and Osmer shall execute, and do all things necessary, to ansura the effectiveness and valid- ity of this right to'use by Lots 14-16 of automobile parking spaces on Lot 13. The duties of Leasee pursuant to this paragraph shall continua for such time as Lessee operates the office building located on Lots 14-16, and with the characterisLiQS a-3 intensity of use shown in the site plan and any previous approvals graanted'by City. 2. In the event that the use of the off-street automobile parking spaces provided for in this A reement are lost to Lessee for any reason, Lessee agrees to do the following: (a) Alter the characteristics of, or rcd,cc the capacity of, the office building located on Lots 14-16 such that the automobile parking spaces available to, and under the control of, Lessee are, giving consideration to any non- conforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking require- ments of the Newport Beach Municipal Coda; (b) Notify, in writinand within 30 days of the loss of the parking spaces, the Planning anning Director of City that automobile parking spaces, previously available to Lessee are no longer available; and - WAN Vt � t a - � .. :i F µ�. J G J -G �. � F w r p � � a � .t SAF' k } �� X ^r ! } n � _ pr . 4 i `; a .t � 4' �'�� 9 � 6 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 July 3, 1986 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Enclosed for recordation is Termination and Cancellation of Off -Site Parking Agreement, between City of Newport Beach and The Irvine Company (owner), and Pacesetter Homes (Lessee). The enclosed has already been checked as to form; notarized; and is ready for recordation. Please record and return to us. Sincerely, L�Gero� Wanda E. Raggio City Clerk WER:pm Enclosure(s) 3300 Newport Boulevard, Newport Beach #1- 8 121 /81 /17Vr ' -a /1625 - 00/167 -171 BK 1 4 3 4 2 PO 269 RECORDING REQUESTED BY AND 36725 WHEN RECORDED RETURN TO: � E��`rILRCMS City Clerk .3so p�j DEC30'81 City of Newport Beach EXEMPT 3300 Newport Boulevard C2 Newport Beach, CA 92663 LEE A. BRunty Recorder yv } �,. �'1�rrD OFF -SITE PARKING AGREEMENT unV Q I� JAP�f . :5 Pacesetter Homes, Inc. Lots 13, 14, 15 and 16; 3952, 4000 and 4020 Campus Drive THIS OFF -SITE PARKING AGREEMENT, made and entered into this day of , 1981, by and between CITY OF NEWPORT BEACH, a municipa corporation and charter city ( "City "), and THE IRVINE COMPANY, a Michigan corporation ( "Owner "), and PACESETTER HOMES, INC., a California corpora- tion ( "Lessee "), is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the-parties hereto: A. Owner owns certain real property located at 3952, 4000 and 4020 Campus Drive, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lots 13, 14, 15 and 16 of Tract No. 3201, in the City of Newport Beach, County of Orange, State of California, as said tract is shown on a map recorded in Book 130, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said county, which property is hereinafter referred to as "Lot 13" and "Lots 14 -16 ", respectively. B. Lessee ground leases Lot 13 and Lots 14 -16 from Owner. Provisions of the Newport Beach Municipal Code require persons conducting the business for which Lots 14 -16 will be employed to provide parking spaces. C. Lessee has applied to City for site plan approval for Lots 14 -16 and has done so because Lessee proposes to construct an office building on Lots 14 -16. Such construc- tion proposed by Lessee is such that additional parking spaces must be provided by Lessee beyond that which wigI be provided on Lots 14 -16. D. Lessee wishes to document its intention to grant from Lot 13 to Lots 14 -16 a right to use 18 automobile parking spaces on Lot 13 for Lots 14 -16. Owner is willing to consent to such right to use. BK 1 4342P .yam THE IRVINE COMPANY, a M c i vgrpoiiation By . / - By Its "LESSEE" PACESETTER HOMES, INC., a California corr'rporattion By a4x-2 Its By zt� Its „ / STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , 1981, before me, the under- signed, a Notary Public in and for said State, personally appeared , known to me to be the Mayor of the CITY OF NEWPORT BEACH, a municipal corpora- tion and charter city, the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. -4- Notary Public 272 STATE OF CALIFORNIA } ) ss. COUNTY OF ORANGE ) BK 14342FG 273 On I (� , 1981, before me, the under- signed, a Notary Public i an for said State, personally appeared(� vw known to me to be the and a , known to me to be the (�5;, C�_�s: of THE IRVINE COMPANY, a Michigan corporation, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL GAYLE M. BARRi'OVe' O NOTARYPUBLIC - CALIFORNIA f Notary P c PRINCIPAL OFFICE IN ORANGE COUNTY P(,� My Commission UP. May I, 1984 dY ss. COUNTY OF ORANGE ) On August 31 , 1981, before me, the under- signed, a Notary Public in and for said State, personally appeared Landon M. Exley , known to me to be the Vice Pres. , and Sherri W. Whitfield known to me to be the Asst. Secretary of PACESETTER HOMES, INC., a California corporation, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and icial seal. Notary Pub4iic - � OFRGAL SEAL `� ' FRED W. KINGDDN t,_ � ; ��` NOTMY PUBUC • CRUFORNIA ORANGE CDUNTY � My Corm. FapNes Nov. 28,1983 —5— ! 1 December 22, 1981 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Dear Mr. Branch: Attached for recordation is executed original Off -Site Parking Agreement between the City of Newport Beach and Pacesetter Homes, Inc. Said agreement was authorized by the City Council of the City of Newport Beach on December 14, 1981 by_the adoption of Resolution No. 11092. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:1r attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Cp1- 8/21/81/K4.a/1625- 00/167 -171 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 OFF -SITE PARKING AGREEMENT Pacesetter Homes, Inc. Lots 13, 14, 15 and 16; 3952, 4000 and 4020 Campus Drive THIS OFF -SITE PARKING AGREEMENT, made and entered into this Qo'l. day of , 1981, by and between CITY OF NEWPORT BEACH, a municipal corporation and charter city ( "City "), and THE IRVINE COMPANY, a Michigan corporation ( "Owner "), and PACESETTER HOMES, INC., a California corpora- tion ( "Lessee "), is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the-parties hereto: - A. Owner owns certain real property located at 3952, 4000 and 4020 Campus Drive, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Lots 13, 14, 15 and 16 of Tract No. 3201, in the City of Newport Beach, County of Orange, State of California, as said tract is shown on a map recorded in Book 130, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said county, which property is hereinafter referred to as "Lot 13" and "Lots 14 -16 ", respectively. B. Lessee ground leases Lot 13 and Lots 14 -16 from Owner. Provisions of the Newport Beach Municipal Code require persons conducting the business for which Lots 14 -16 will be employed to provide parking spaces. C. Lessee has applied to City for site plan approval for Lots 14 -16 and has done so because Lessee proposes to construct an office building on Lots 14 -16. Such construc- tion proposed by Lessee is such that additional parking spaces must be provided by Lessee beyond that which will be provided on Lots 14 -16. D. Lessee wishes to document its intention to grant from Lot 13 to Lots 14 -16 a right to use 18 automobile parking spaces on Lot 13 for Lots 14 -16. Owner is willing to consent to such right to use. E. The Planning tion with its consideration to the City Council of City ing Agreement, after determ Section 20.30.035(D) of the were satisfied. Commission of City, in conjunc- of site plan approval, recommended approval of this Off -Site Park - ining that the conditions of Newport Beach Municipal Code F. The City Council of City considered this pro- posed Off -Site Parking Agreement, determined that the Agree- ment satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code and authorized execution of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee and Owner hereby agree that for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, 18 parking spaces on Lot 13 shall be allocated to the use of Lots 14 -16 for the entire term of the lease between Owner and Lessee of Lots 14 -16. Lessee shall be responsible for the maintenance such parking spaces. Lessee and Owner shall execute, and do all things necessary, to ensure the effectiveness and valid- ity of this right to'use by Lots 14 -16 of automobile parking spaces on Lot 13. The duties of Lessee pursuant to this paragraph shall continue for such time as Lessee operates the office building located on'Lots 14 -16, and with characteristics and intensity of use shown in the site plan and any previous approvals granted by City. 2. In the event that the use of the off - street automobile parking spaces provided for in this Agreement are lost to Lessee for any reason, Lessee agrees to do the following: of the (a) Alter the characteristics of, or reduce the capacity of, the office building located on Lots 14 -16 such that the automobile parking spaces available to, and under the control of, Lessee are, giving consideration to any non- conforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking require- ments of the Newport Beach Municipal Code; (b) Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of City that automobile parking spaces, previously available to Lessee are no longer available; and -2- (c) Prior to resuming business in the manner authorized prior to the loss of the parking spaces, submit to the Planning Director of City a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by this Agreement and obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of City, as required by the Charter of City and the Newport Beach Muni- cipal Code. 3. Lessee shall fully perform all of the condi- tions of approval imposed by the Planning Commission and /or City Council of City in conjunction with the approval of the site plan for Lots 14 -16. 4. This Agreement shall run with the property and shall bind the heirs, successors -in- interest., transferees, vendees and /or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, this Agreement to be executed written. APPROVED AS TO FORM the parties hereto have caused the day and year first above "CITY" CITY OF NEWPORT BEACH, a municipal corporation By Qt 4) By obert H. Burnham Asst. City Attorney Mayor YE" T: City Clerk -3- "OWNER" THE IRVINE COMPANY, a MOfiiasn cnroouation In / By ��� Its% "LESSEE" PACESETTER HOMES, INC., a California corporation By Q,ti "_� Its j 7 By I its STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , 1981, before me, the under- signed, a Notary Public in and for said State, personally appeared known to me to be the Mayor of the CITY OF NEWPORT BEACH, a municipal corpora- tion and charter city, the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary -4- Y STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) On 1981, before me, the under- signed, a Notary Public i. an for said State, personally aoneared known to me to be the and 1�bo1--'1d tM Kr,cS_ , known to me to be the f',5 ;, C ��1RJof THE IRVINE COMPANY, a Michigan corporation, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said-corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. OFFICIAL SEAL GAYLE M. BARRII.KMAi•! NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY - Y Commission Exp. hiay 1, 1984 COUNTY OF ORANGE land and official seal. Notary P c R ss. ) On August 31 - , 1981, before me, the under- signed, a Notary Public in and for said State, personally appeared Landon M. Exley , known to me to be the Vice Pres. , and Sherri W. Whitfield , known to me to be the Asst. Secretary of PACESETTER HOMES, INC., a California corporation, the corporation that executed the within instrument, known to me to.be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and icial seal. Notary Pubviic OFFICIAL SEAL FRED W. KINGOON < NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expim Nov. 28,1983 -5- C" City Council Meeting December 14. 1981 Agenda Item No. F -2(a) CITY OF NEWPORT BEACH Re..) I i oga ads TO: City Council DEO 14 1981 FROM: Planning Department By the CITY COUNCIL CITY Of NA1NFW BEACH SUBJECT: Off -Site Parking Agreement Request to accept and approve an off -site parking and common vehicular access agreement for portion of the required off - street parking spaces in con- junction with the construction of a three -story office building in the M -1 -A District. LOCATION: Lots 14, 15, and 16, Tract No. 3201, located at 4000 Campus Drive, on the southeasterly side of Campus Drive between Quail Street and Dove Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Pacesetter Homes, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Application This is a request for the acceptance of an off -site parking and com- mon vehicular access agreement in conjunction with the construction of a three -story office building in the M -1 -A District. In accordance with Section 20.30.035D. 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 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 o.f 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). TO: City J&ncil - 2. 0 d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or in- struments, 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 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 with The Irvine Company and Pacesetter Homes, Inc. Planning Commission Recommendation At its meeting of November 19, 1981, the Planning Commission voted (5 Ayes, 1 No, 1 Absent) to.recommend to the City Council the approval of the requested parking agreement in conjunction with the proposed office development on the site. Analysis The applicant is proposing to construction a two -story office build- ing containing 10,000± sq.ft. of net floor area on one parcel, and a three -story office building containing 43,000± sq.ft. of net floor area on an adjoining parcel. The combined net floor area of these structures is 53,000 sq.ft. The subject parcels are contiguous and are held under separate long. =term leases. The smaller of the two parcels provides more parking than is required, while the larger parcel provides less than the required amount of parking for the pro- posed structure. However, the total required amount of parking (212 spaces) is to be provided on the two parcels. The off -site parking agreement will permit eighteen of the required parking spaces for the larger parcel to be located on the smaller parcel. A majority of the Planning Commissioners had no objections with the applicant's request inasmuch as the parcels are contiguous and therefore so located to be useful to the proposed use, and undue traffic hazards will not be created. Attached for th of the Planning cant's request 1981. e information and review of the City Council is a copy Commission Staff report which describes the appli- and an excerpt from the draft minutes of November 19, Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director 4 `&rzX� . le o<'00�.� WILLIAM R. LAYCOCK Current Plans Attachments for City Council Only ministrator WRL /kk Planning Commission Staff Report Draft Planning Commission Minutes • • • • • S Planning Commission Meeting November 19, 1981 Agenda Items No. 9 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Off -Site Parking Agreement (Discussion) Request to accept and approve an off -site parking and common vehicular access agreement for a portion of the required off - street parking spaces in conjunction with the construction of a three -story office building in the M -1 -A District. LOCATION: Lots 14, 15, and 16, Tract No. 3201, located at 4000 Campus Drive, on the southeasterly side of Campus Drive between Quail Street and Dove Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Pacesetter Homes, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Application This is a request for the acceptance of an off -site, parking and common vehicular access agreement in conjunction with the construction of a 3 -story office building in the M -1 -A District. 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 shall be recorded in the office of the County Recorder and copies thereof filed with Planning Department. • T0: Planning Commission -2. • Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 11 (Accessory Structures) from the requirements of the California Environmental Qualities Act. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "General Industry ". The proposed commercial office building falls within the permitted uses. Subject Property and Surrounding Land Use Currently there are two single story structures on the two adjoining lots. The existing structures will be removed from the site in conjunction with the proposed office development. Surrounding the subject property to the northeast, southeast, and southwest is a mixture of commercial office, retail, and light industrial uses; and to the northwest across Campus Drive, is the John Wayne Airport. Background At its meeting of January 22, 1981, the Planning Commission approved a Traffic Study for the proposed 3 -story office development, subject to the following conditions: 1. That a maximum of 43,000 sq.ft. of development occur. 2. That the applicant demonstrate to the satisfaction of the Planning Department that a ride sharing program that is designed to achieve at least the traffic reduction estimated in the January 8, 1981, Traffic Report, has been accomplished prior to the occupancy of any development permitted by this approval beyond 36,700 sq.ft. These conditions of approval reduced the requested amount of floor area from 55,000 sq.ft. to a maximum of 43,000 sq.ft. Condition No. 2 states that the applicant shall demonstrate that the ride sharing program will achieve the estimated reduction in traffic generated prior to the occupancy of that portion of the proposed commercial office building exceeding 36,700 sq.ft., up to the maximum of 43,000 sq.ft. • At its meeting of March 5, 1981, the Planning Commission approved Resubdivision No. 679, a request to create one parcel of land where 3 parcels existed so as to permit the construction of the 3 story office building in the M -1 -A District. The findings made and conditions of approval imposed as a part of this request are set forth in the attached excerpt from the minutes of • the Planning Commission meeting of March 5, 1981. z 0 • TO: Planning Commission -3. • At its meeting of September 15, 1981, the Modification Committee approved a request to reduce the parking requirement for the subject development on the two adjoining lots from one space for each 225 sq.ft. of net floor area to one space for each 250 sq.ft. of net floor area and to permit a portion of the required parking spaces to be compact spaces. The Modification Committee findings and actions area attached for Commission review. Analysis The subject parcels are contiguous and are held under separate long -term leases. The applicant is proposing to construct a 2 story office building containing 10,000tsq.ft. of net floor area on one parcel, and a 3 story office building containing 43,OOOtsq.ft. of net floor area on the other parcel. The combined net floor area of these structures is 53,000 sq.ft. Based upon the parking standard approved by the Modifications Committee of one space for each 250 sq.ft. of net floor area, a total of 212 (53,000 sq.ft. v 250 sq.ft.) parking spaces are required. The smaller of the 2 parcels provides more parking than is required while the larger parcel provides less than the required amount of parking for the proposed structure. However, the total required amount of parking (212 spaces) is to be provided on the two parcels. As indicated on the plot plan submitted as a part of this request, 161 standard spaces, 47 compact spaces (22.1$), and 4 handicapped spaces are to be provided. The common access agreement will insure that the employees and visitors to the site will be permitted to park anywhere in the common parking areas. The City Traffic Engineer has reviewed the proposed parking lot plan and has approved the layout of said plan. Further, the City Attorney's office has reviewed the subject off -site parking and common vehicular access agreement and is satisfied as to its form and content. Staff has no object to the applicants request inasmuch as the parcels are contiguous and therefore so located to be useful to the proposed use, and undue traffic hazards will not be created. Specific Findings and Recommendations Staff recommends the approval of the subject off -site parking and common access agreement and suggests the Planning Commission take such action subject to the Findings and Conditions of Approval set forth in Exhibit "A ". PLANNING DEPARTMENT • JAMES D. HEWICKER, Director By C s Gustin, Associate Planner • CG:tn Attachments: Exhibit "A" Vicinity Map Modifications Committee "Findings and Actions" Excerpt from minutes of Planning Commission meeting of March 5,1981 and of January 22, 1981 3 i • • 0 0 TO: Planning Commission -4 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL OFF -SITE PARKING AGREEMENT 1. The proposed off -site parking areas is so located as to be useful in connection with the proposed office building inasmuch as the parcels are contiguous. 2. That parking on said off -site lot will not create undue traffic hazards in the surrounding area. 3. That the subject parcels are held under long term leases of adequate duration to serve all proposed uses on the properties. CONDITIONS: 1. That the subject off -site parking and common access agreement shall be approved by the City Council quaranteeing that a minimum of eighteen parking spaces on Lot 13, Tract No. 3201, shall be provided for the reciprocal use of the development on Parcel 1, Resubdivision No. 679 (81 -702) for the duration of said development. FF g i i 0 1 • IN piINL9GM W w.. M P -C , d►' Yp �a n A t sue. PLC 16.9v..u. 3 I ' I 770A.), P-C f y, Y f � P- G e ! 6 E i t SR /STOL aTRC£T NOR W FUTURE CORONA DI£/- MAX /R£[ ti - - aysra i � STR DISTRICTING MAP NEWPORT BEACH - R- A AORICULTURAL RESIDENTIAL -1 I LIGHT COMMERCIAL I INTERMEDIATE R-I SINGLE FAMILY RESIDENTIAL M11-1-A GENERAL COMMERCIAL UNCLASSIFIED R -2 DUPLEX RESIDENTIAL R -) RESTD MULTPLE FAMAY RESIDENTIAL CONTR OLLED MANUFACTURNG R -A MULTIPLE RESIDENTIAL MA ACTURNG -X COMBINING DIS- N FEET t + IKiA)� A c', /Z EE- rvl 6- -wiT El • • C 11 � ° CI'I Y OF N1�:��-I'ORT BEACH Planning Department 640 -Zt36 Modifications Committee Findings and Actions Application No. 2711 (Revised Applicant pa as cptra unmp% T r Address of Property Involved ao5P t�an2n Camp_s_nr3va Legal Description In c 14 15 11„Ig of mart'i�>nl Modification Requested a reducation in the parkino requirement from one space for The Modifications Committee on September 15, 1981 approved the application subject to the following conditions: The Modifications Committee determined in this.case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Munical Code, d made the following findings: 1. That previous trafficreouirements (ip ie. ride sharing pranogram) and a parking NOTE: This approval shall extend for a period of 24 months from the end ,of the appeal period, and cannot be extended: The decision of the Committee 'may' be appealed to the Planning Commission withinl4 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $160.00. No building permits maybe issued until -the appeal period has expired. MODIFICATIONS COMMITTEE PLANNING DEPARTMENT , JAMES D)..HEWICKER, DIRECTOR. ' BYr am aycoc Current Planning A ministrator NOTE: The above application number must be affixed to the plans when being submitted for plan check and building permits. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 e Cea COMMISST8ma� IONERS Fni i Dpp 7 i Motion All Ayes i i. x 0 •ch 5, 1981 • MINUTES of Newport Beach Request to create one parcel of land where three lots presently exist so as to permit the construction of a commercial office building in the M -1 -A District. LOCATION: Lots 14, 15 and 16 of Tract No. 3201 located at 4000 -4020 Campus Drive, on the southeasterly side of Campus Drive between Quail Street and Dove Street across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Pacesetter Homes, Inc. Newport Beach OWNER: The Irvine Company ENGINEER: Church Engineering, Newport Beach The public hearing opened in connection with this item and Mr. Steve Strauss, representing Pacesetter Homes, Inc., appeared before the Commission and requested approval of this resubdivision. Motion was made for approval of Resubdivision No. 679 with the findings and conditions of Exhibit "A" as follows, which MOTION CARRIED: 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 planning standpoint. CONDITIONS: 1. That a parcel map be filed. 10 INDEX Item N3 RESUB- DIVISION N0. 679 APPROVED rnnunr- .7 �� mm x 'S N JC N i • 'arch 5, 1981 • MINUTES of Newport Beach INDEX 2. That all improvements be constructed as re- quired by Ordinance and the Public Works Department. 3. That all conditions of approval of the Traffic Study prepared in conjunction with the development of this site shall be met. 4. That approximately 80 sq. ft. of deteriorated P.C.C. sidewalk be reconstructed along Campus Drive. 5. That the on -site parking lay -out be approved by the Public Works Department. 6. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completing the required public improvements. \ny to establish a private, off - street Item li4 ial parking lot in the R -2 District. A ation to the Zoning Code is also requested as a landscape planter encroaches to USE PERMIT r operty line (where the Ordinance does N0. 1976 mit ny obstruction within five (5) feet rear operty line adja cent to a fourteen ot wide lley). DENIED N: Lot Block I of Tract 323, locate at 410 Jasmine Avenue on the eas rly side of Jasmine Aven ue between E t Coast Highway and Bay- s 'n Corona del Mar. ZONE: R -2 APPLICANT: Richard K. NaXa, ewpo rt Beac h OWNER: Jeff Schuleindel Mar N �dnuary 22, 1981 • '�""v'�-� City of Newport Beach CALL INDEX loon Ayes Noes Absent • • Motion was made to approve the Traffic Study as proposed in Exhibit "A" of the staff report. Commissioner Beek asked Commissioner McLaughlin if she would accept an amendment to her motion, to delete Condition of Approval No. 2. Commis- sioner McLaughlin stated that she would not ac- cept this amendment to her motion. Commissioner McLaughlin's motion for approval of the Traffic Study was now voted on as follows, which MOTION CARRIED. (FINDINGS: 1. That the proposed trip generation measures are acceptable and will be permanently implemented through the conditions of this approval and those that may be applied during the resubdivision of the project site. 2. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S -1, and; 3. That based on that Traffic Study, the pro- posed project will neither cause nor make worse an unstaisfactory level of traffic service on any "major ", "primary- modified ", or "primary" street. CONDITIONS: 1. That a maximum of 43,000 sq. ft. of devel- opment occur. 2. That the applicant demonstrate to the satisfaction of the Planning Department that a ride sharing program that is designed to achieve at least the traffic reduction estimated in the January 8, 1981, Traffic Report, has been accomplished prior to the occupancy of any development permitted by this approval beyond 36,700 sq. ft. -43- �o ppoo C 7ca D I10 v i • E 0 November 19, 1981 of Newport Beach MINUTES DRAFT 6. That the establishment of the proposed project, utilizing up to 25 percent of the required parking spaces for compact car spaces in the small parking lot will, under the circumstances of the articular case, be detrimental to the health, Sam, y, peace, comfort and general welfare of pe residing or working in the neighborhood of such pr sed use or be detrimental or injurious to propert and improvements in the neighborhood or the genera elfare of the City, and further that the propose edification is not consistent with the legislati intent of Title 20 of the Municipal Code. 7. That approval of Use Permit 2043 will, under the circumstances of this case, e detrimental to the health, safety, peace, mora comfort and general welfare of persons residing a working in the neighborhood or be detrimental or in ious to property or improvements in the neighbor h d or the general welfare of the City. Request to accept and approve an off -site parking and common vehicular access agreement for a portion of the required off - street parking spaces in conjunction with the construction of a three -story office building in the M -1 -A District. LOCATION: Lots 14, 15 and 16, Tract No. 3201, located at 4000 Campus Drive, on the southeasterly side of Campus Drive between Quail Street and Dove Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Pacesetter Homes, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach The discussion opened in connection with this item and Mr. Steve Strauss, representing Pacesetter Homes, appeared before the Commission and requested approval of this item. -22- INDEX Item #9 OFF -SITE PARKING AGREEMENT APPROVED CONDI- TTONAI I Y n t • X November 19, 1981 0 MINUTES � Co H City of Newport Beach In response to a question posed by Commissioner Allen, Planning Director Hewicker discussed the original traffic study. He stated that less square footage is being built on the parcel than what could be permitted under the current regulations. Mr. Strauss discussed their need for the off -site parking agreement. Commissioner Allen asked if this particular parcel was ever a part of the original proposal in conjunction with the approved traffic study on the adjoining property. Planning Director stated that it was not a part of the original proposal in terms of density and land use. Commissioner Beek asked if two different owners could apply for the joint use of the parking lot. Planning Director Hewicker stated that this could be possible. Motion was made for approval of the Off -Site Parking Agreement and the common access agreement, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. The proposed off -site parking area is so located as to be useful in connection with the proposed office building inasmuch as the parcels are contiguous. 2. That parking on said off -site lot will not create undue traffic hazards in the surrounding area. 3. That the subject parcels are held under long term leases of adequate duration to serve all proposed uses on the properties. CONDITIONS: 1. That the subject off -site parking and common access agreement shall be approved by the City Council guaranteeing that a minimum of eighteen parking spaces on Lot 13, Tract No. 3201, shall be provided for the reciprocal use of the development on Parcel 1, Resubdivision No. 679 (81 -702) for the duration of said development. . t � -23- INDEX /z RESOLUTION NO. 1.1092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING AN OFF -SITE PARKING AGREEMENT WITH PACESETTER HOMES, INC. FOR OFF STREET PARKING SPACES IN C014JUNCTION WITH THE CONSTRUCTION OF A THREE -STORY OFFICE BUILDING • LOCATED AT 4000 CAMPUS DRIVE, NEWPORT BEACH (RESUBDIVISION NO. 679) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Off -Site Parking Agreement between the City of Newport Beach and Pacesetter Homes, Inc., in connection with Resubdivision No. 679 /Modification No. 2711 - Revised /Traffic Study; 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 interests of the City of Newport Beach to execute said Off -Site Parking Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 this14thday of December , 1981. �a r • ATTES City Clerk 12/14/81 PR