Loading...
HomeMy WebLinkAboutC-2571 - Off-Site Parking• • 0 0 City Council Meeting May 12, 1986 Agenda Item.NO. F -11 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Off -Site Parking Agreement C - 2 BY TitiL U-4 -i CGUNCIL CITY OF NHWORT BEACH MAY 11 1986 APPRO 0) Request to accept and approve an off-site parking agreement for a portion of the required parking spaces in conjunction with USE PERMIT NO. 3119, which permitted the construction of a three - level parking structure, with parking on the roof, for the Four Seasons Hotel in Newport Center. LOCATION: Parcel No. 2 (off -site parking lot) and Parcel No. 3 (hotel_ site), Parcel Map 83 -715 (Resubdivision No. 752), located at 600 Newport Center Drive, on the northeasterly corner of Newport Center Drive and Santa Cruz Drive, in Newport Center. ZONE: C -O -H APPLICANT: Four Seasons Newport Center. Toronto, Ontario, Canada OWNER: The Irvine Company, Newport Beach Application This is a request for the acceptance and approval of an off -site parking agreement for a portion of the required parking spaces for the Four Seasons Hotel. In accordance with Section 20.30.035B 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 surround- ing 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). oy) 0 TO: City Council - 2. 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 Planning Depart- ment. Suggested Action If desired, authorize the Mayor and the City Clerk to execute an off -site parking agreement with The Irvine Company, which owns both the off -site parking location and the building site. Background At its meeting of December 6, 1984, the Planning Commission unanimously approved Use Permit No. 3119 that permitted a three -level parking structure, with parking on the roof, for the Four Seasons Hotel. On the same date, the • Commission also approved Site Plan Review No. 32 (Amended) , that permitted revisions to the approved hotel facilities. Condition of Approval No. 2 of Use Permit No. 3119 provides that the City Council shall approve an off -site parking agreement inasmuch as 363 of the required 369 parking spaces for the hotel use are located on an adjoining parcel (see attached vicinity map). Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by U/ n?'4i c � WILLIAM R. LAYCOCK�/j Current Planning Administrator Attachments for City Council Only: Excerpt of the Planning Commission Minutes dated December 6, 1964 Vicinity Map WRL /kk • CC16 Attachments for City Council Only: Excerpt of the Planning Commission Minutes dated December 6, 1964 Vicinity Map COMMISSIONERS (0 MINUTES i r A R December 6, 1984 C o x y v v Z Z C m m z 1`2 10. Z 9= T m City of Newport Beach N p900 D ROLL CALL INDEX • • A. Use Permit No. 3119 (Public Hearing) Item #8 Request to construct a three level parking structure UP 3119 with parking on the roof for the Four Seasons Hotel, and the acceptance of an environmental document. The Site Plan parking structure will accommodate both guest and valet No. 32 parking. Approved AND Condition- ally B. Site Plan Review No. 32 (Amended) (Discussion) Request to amend a previously approved Site Plan Review which permitted the construction of 325 room Four Seasons Hotel in Newport Center in the C -O -H District. The proposal also included: The establishment of an off - street parking requirement based upon a demonstrat- ed formula; the acceptance of two off -site parking agreements; and a modification to the Zoning Code so as to allow the user of compact car spaces, tandem parking spaces with valet service and two oversized wall signs. The proposed amendment includes revisions to the approved site plan so as to allow: (1) the reconfigura- tion of two tennis courts, (2) the realignment of the main entry drive to the hotel and to Center Drive, and (3) the elimination of the approved valet parking area with tandem parking spaces to be replaced with land- scaping. LOCATION: A portion of Lot 22, Tract No. 6015, located at 600 Newport Center Drive, on the northeasterly corner of Newport Center Drive and Santa Cruz Drive, in Newport Center. ZONE: C -O -H APPLICANT: Four Seasons Newport Center, Toronto, Ontario,'Canada OWNER: The Irvine Company, Newport Beach Mr. Hewicker advised that Condition No. 42 has been modified to state that the landscaping plans in the open area of Parcel 2 shall provide a park scenario instead of the previously stated grass. The public hearing opened in connection with this item, and Mr. David Neish, representing the applicant, appeared before the Planning Commission. Mr. Neish 30 3 • • MINUTES December 6, 1964 of Newport Beach stated that the applicant agrees with modified Condition No. 42 regarding the extensive landscaping; however, the applicant has emphasized that the requested landscaping on the vacant land area will not be as elaborate as the landscaping around the Four Seasons Hotel. Mr. Neish informed the Planning Commission that the applicant has requested that Conditions No. 12 and 13 be eliminated. The applicant has stated that Condition No. 12, requesting a pedestrian sidewalk between the bus stop and the stairway to the Wells Fargo Building, is not necessary because the applicant is concerned that the sidewalk would not be utilized often enough to substantiate the costs involved. Mr. Neish stated that the applicant opposes Condition No. 13, requesting that the steps be eliminated between the hotel and Santa Cruz Drive, because the most direct route between the hotel and Newport Center Drive requires steps; otherwise, a switchback path would be necessary through that area. Mr. Webb described the proposed pedestrian circulation plan in the area around the hotel. Mr. Webb stated that the proposed plan will simplify the pedestrian pathway around Newport Center and Fashion Island. Mr. Webb explained to Chairman Winburn that the way the hotel is situated it is very difficult for a pedestrian to cross over into the Fashion Island area. In response to a question posed by Commissioner Koppelman, Mr. Webb stated that in a public walkway area it is advised to keep steps at a minimum. Mr. Webb commented that either way there is a steep grade from the hotel to the street. Mr. Neish responded to Mr. Webb's comments by stating that the Four Seasons Hotel should not be solely responsible for the pedestrian circulation system within the hotel area, and that the City has requested that the hotel provide two bus stops which the applicant does not feel is necessary. The public hearing was closed at this time. 31 Cx C o 0 f x y 9 9 m 2 c m> m z W a n i r 0 x W M N p 3 O O 9 m O m D n r Z a z a z r m • • MINUTES December 6, 1964 of Newport Beach stated that the applicant agrees with modified Condition No. 42 regarding the extensive landscaping; however, the applicant has emphasized that the requested landscaping on the vacant land area will not be as elaborate as the landscaping around the Four Seasons Hotel. Mr. Neish informed the Planning Commission that the applicant has requested that Conditions No. 12 and 13 be eliminated. The applicant has stated that Condition No. 12, requesting a pedestrian sidewalk between the bus stop and the stairway to the Wells Fargo Building, is not necessary because the applicant is concerned that the sidewalk would not be utilized often enough to substantiate the costs involved. Mr. Neish stated that the applicant opposes Condition No. 13, requesting that the steps be eliminated between the hotel and Santa Cruz Drive, because the most direct route between the hotel and Newport Center Drive requires steps; otherwise, a switchback path would be necessary through that area. Mr. Webb described the proposed pedestrian circulation plan in the area around the hotel. Mr. Webb stated that the proposed plan will simplify the pedestrian pathway around Newport Center and Fashion Island. Mr. Webb explained to Chairman Winburn that the way the hotel is situated it is very difficult for a pedestrian to cross over into the Fashion Island area. In response to a question posed by Commissioner Koppelman, Mr. Webb stated that in a public walkway area it is advised to keep steps at a minimum. Mr. Webb commented that either way there is a steep grade from the hotel to the street. Mr. Neish responded to Mr. Webb's comments by stating that the Four Seasons Hotel should not be solely responsible for the pedestrian circulation system within the hotel area, and that the City has requested that the hotel provide two bus stops which the applicant does not feel is necessary. The public hearing was closed at this time. 31 COMMISSIONERS x a co i 9 9 C r 9 z m c m > m WA n= r n c i N p[ O S 9 = 7 = T Motion All Ayes • C December 6, 1984 of Newport Beach Commissioner Eichenho£er recommended that the top of the parking structure should have some type of landscaping similar to that required in surface parking areas. Mr. Hewicker commented that there would be planting cascading along the side of the parking structure. In response to Commissioner Koppelman's question stating that the dollar figures in Condition No. 39 vary from the .dollar figures in the modified Condition No. 39, Ms. Patricia Temple replied that the current figures were reduced approximately one -half subsequent to the original application consistent with the Fair Share Ordinance adopted by the City. Motion was made to approve Use Permit No. 3119 and Site Plan Review No. 32 (Amended) subject to the findings and conditions in Exhibit ^A ^, with the exception of deleting Condition No. 13, and the approval of modified Finding No. 11 ind Conditions No. 39 and 42. MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. 3. The project will not have any significant environmental impact. B. USE PERMIT NO. 3119 FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 32 MINUTES INDEX COMMISSIONERS December 6, 1984 Citv of Newport Beach MINUTES ROLL CALL I III III[ INDEX I• • 2. That the proposed parking structure with roof -top parking is compatible with the surrounding land uses and is similar to other parking structures in the area. 3. The approval of Use Permit No. 3119 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 363 parking spaces shall be provided for the duration of the proposed use on property located at 690 Newport Center Drive. 3. That the vehicular and pedestrian circulation systems in the proposed parking structure be subject of further review by the City Traffic Engineer. C. SITE PLAN REVIEW NO. 32 (AMENDED) FINDINGS: 1. The proposed development is consistent with the General Plan and will not preclude the attainment of General Plan objectives and policies. 2: The proposed development will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of street and public facilities within the area. 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 33 0 x x co 9 > y m z c m > m z m T 2= r r c z m 0 m i COMMISSIONERS x December 6, 1984 f y 9 9 e S 2 C m r S m > m = m Z 9 =r O r I =__ m_ m I Y of Newoort Beach MINUTES INDEX 5. That the Findings listed in "A" of this Exhibit are made to this portion of the project. 6. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed development. 7. The off -site parking areas are so located as to be useful in conjunction with the proposed uses on the building sites. 8. Parking on such lots will not create undue traffic hazards in the surrounding area. 9. Such lots and the building site are in the same ownership. 10. The owner and the City, upon the approval of City Council will execute a written instrument of instruments, approved as to form and content by • the City Attorney , providing for the maintenance of the required off - street parking on such lots for the duration of the proposed use or uses on the building site or sites. 11. That the vacant area resulting from this Site Plan Amendment can be used for passive open space use or for office or residential use transferred to the site from existing allowable development rights in Newport Center (8400 sq.ft. office, t 423 dus) subject to review and approval of the City. Any use of the site other than that which is currently allowed in Newport Center is subject to review and approval of a General Plan Amendment. CONDITIONS 1. That development shall be in substantial conformance with the approved site plan, sign plans, floor plans, and elevations, except as noted in the conditions of approval. 2. That all conditions of the approved Traffic Study be met. 3. That the conditions of Resubdivision No. 752 be met. 34 MINUTES INDEX x x C o f a v z c m > m a s a z r n W o °m s w i a z = T • • 0 40 December 6, 1984 of Newport Beach 4. Construction to meet the requirements of the Uniform Building Code & California Administrative Code - Titles 19 & 24. S. Any construction on the site should be done in accordance with the height restriction for the area. Said should apply to any landscape materials, signs, flags, etc. as well as structures. 6. That within thirteen feet of the Newport Center Drive and of Santa Cruz Drive property lines that no fence or combination retaining wall and fence be higher than curb height. 7. That a minimum fifteen feet (151) landscape and sidewalk buffer be maintained between the tennis court fence and property line along Newport Center Drive. 8. That within seventy -five feet of the hotel the proposed five and one -half feet (W) stucco wall along Newport Center Drive shall be permitted within 11 feet of the property line and a screened retaining wall shall be permitted. 9. The project applicant shall obtain an agreement to utilize adjacent parking facilities during the construction period. The applicant shall obtain an additional agreement for overflow parking during peak periods, and for special events. Said agreement(s) shall be reviewed and approved by the City Attorney and Planning Department prior to the issuance of any building or grading permits. 10. That the Hotel provide a total of 369 standard size parking spaces on -site (Parcel No. 3) and off -site on Parcel No. 2. If additional parking is required, the parking plan may be modified to increase the number of spaces by allowing up to 25% compact spaces, subject to the approval of the Planning Commission. 11. That parking spaces shall be provided for handicapped persons. The number and location of these spaces shall be provided in a manner approved by the City Traffic Engineer and Building Department. 35 MINUTES • • December 6, 1984 • of Newport Beach 12. That a pedestrian sidewalk be provided between the bus stop on San Joaquin Hills Road and the stairway to the Wells Fargo Building. 13. (Deleted by Planning Commission) 14. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department. 15. All parking areas and the parking structure shall be subject to further review and approval by the Traffic Engineer. This review shall include, but not be limited to, the number and location of compact (except for Hotel) and handicap spaces, aisle widths, access control and maximum slope of ramps and parking areas. 16. No access shall be allowed from Santa Cruz Drive to the overflow parking lot. 17. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a total of 369 parking spaces shall be provided for the duration of the Four Seasons Hotel. The portion of the 369 total spaces which are not "on -site" shall be located on Parcel No. 2. The term of the agreement shall be equal to the expected life of all structures within Parcel No. 3 of Resubdivision No. 752 as may be determined by the City based upon information supplied by the applicant. 18. That an off -site parking agreement shall be approved by the City Council, guaranteeing that 212 parking spaces shall be provided on Parcel No. 1 for the duration of the Wells Fargo Building. Such spaces shall be within 300 feet of the office. The term of the agreement shall be equal to the expected life of the Wells Fargo Building as may be determined by the City based upon information supplied by the applicant. 19. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent uses. The plans shall be 36 MINUTES x� C o n 9 S m z c m> > m z m Z Z Z r n Z M I 0 K O O Z o m> > Z 2 7 Z w m • • December 6, 1984 • of Newport Beach 12. That a pedestrian sidewalk be provided between the bus stop on San Joaquin Hills Road and the stairway to the Wells Fargo Building. 13. (Deleted by Planning Commission) 14. That the final design of all on -site vehicular and pedestrian circulation, and parking be reviewed and approved by the City Traffic Engineer and Planning Department. 15. All parking areas and the parking structure shall be subject to further review and approval by the Traffic Engineer. This review shall include, but not be limited to, the number and location of compact (except for Hotel) and handicap spaces, aisle widths, access control and maximum slope of ramps and parking areas. 16. No access shall be allowed from Santa Cruz Drive to the overflow parking lot. 17. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a total of 369 parking spaces shall be provided for the duration of the Four Seasons Hotel. The portion of the 369 total spaces which are not "on -site" shall be located on Parcel No. 2. The term of the agreement shall be equal to the expected life of all structures within Parcel No. 3 of Resubdivision No. 752 as may be determined by the City based upon information supplied by the applicant. 18. That an off -site parking agreement shall be approved by the City Council, guaranteeing that 212 parking spaces shall be provided on Parcel No. 1 for the duration of the Wells Fargo Building. Such spaces shall be within 300 feet of the office. The term of the agreement shall be equal to the expected life of the Wells Fargo Building as may be determined by the City based upon information supplied by the applicant. 19. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent uses. The plans shall be 36 MINUTES COMMISSIONERS C a A C a r a m z c m m z m a a z r n x 'C z b O! 0 0 a m O m s a s i 2 = 9 a m • • is 71 December 6, 1984 prepared Engineer= that, in met. 0 Beach and signed by a Licensed Electrical with a letter from the Engineer stating his opinion, this requirement has been 20. The applicant shall provide energy- conserving street and parking lot lighting and minimize decorative or non - functional lighting in a manner acceptable to Planning Director. 21. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. 22. The proposed project st=all incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Planning Department. 23. Thetis publ utility easement be provided to the City along the easterly property line between Newport Center Drive and Center Drive for an existing City water main unless otherwise approved by the Public Works Department. The configuration and width of the easement shall be subject to approval of the Public Works Department. 24. That all buildings on the project site shall be equipped with fire suppression systems approved by the Fire Department. 25. That all access to the buildings be approved by the Fire Department. 26. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 27. That fire .vehicle 'access shall be approved by the Fire Department. 28. On -site water mains and fire hydrants locations are to be approved by the Fire and Public works Departments. 29. That a non - standard improvement agreement be executed by the hotel owner if non - standard improvements are to be constructed over any City easements. This agreement shall be executed prior to construction of any non - standard improvements over City easements. 37 MINUTES INDEX 1° x f s a i v r v m z c m> m Z m a a z r o o C= 0 o> o 0 1 z s m> r m a z �• December 6, 1984 6 of Newport Beach 30. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 31. The project shall incorporate the use of alternative energy technology into building designs and systems for heating pools and spas at the hotel. Prior to the issuance of any building permit for said the applicant shall demonstrate to the satisfaction of the Planning Director that the concerns of this condition have been met. 32. That a system shall be designed to trap kitchen grease and incorporated into the hotel site design, to the satisfaction of the City of Newport Beach Building and Utilities Departments. The location of the grease trap shall be easily accessible and a city representative shall be allowed access to inspect the system at all times. The applicant shall also supply to the City for approval a grease trap maintenance program that provides for ongoing maintenance and inspections. 33. That the proposed building identification logo as shown on the easterly and westerly elevations between the roof and the sixteenth floor shall not be internally illuminated. 34. Openable windows for guest rooms shall be used to allow cooling by normal breezes unless it is determined for certain areas that they are not appropriate for safety or security reasons. 35. interior noise levels in the proposed project shall not exceed 45 CNEL in any habitable space. 36. Prior to the issuance of building permits, a program for the sorting of recyclable material form solid wastes shall be developed and approved by the Planning Department. 37. All proposed development shall provide for weekly vacuum sweeping of all surface parking areas. 38. The applicant shall plan and implement a program to encourage the use of high - occupancy vehicles and alternate transportation modes for employees and visitors to the Four Seasons Hotel, in a manner acceptable to the Planning Director. Said 38 MINUTES INDEX " COMMISSIONERS December 6, 1984 4 MINUTES of Newport Beach ROLLCALLI 111 1111 1 INDEX x x c o � f a a d program shall include hotel employees being r v r a m z c m o m z m a a 2 r 2 the provision of subsidized bus passes or other C 2 w o i 0 0 0 D m o M� T T 2 a 2 2 z T m 39. Prior to the issuance of any building permit, the December 6, 1984 4 MINUTES of Newport Beach ROLLCALLI 111 1111 1 INDEX 39 program shall include hotel employees being encouraged to use the OCTD Transit system through the provision of subsidized bus passes or other appropriate means. 39. Prior to the issuance of any building permit, the sum of $270,671.50 shall have been deposited with the City. In addition, a balance of $213,828.50 shall be deposited with the City prior to occupancy of the hotel. This condition shall be interpreted as satisfying all noise wall, traffic signal and traffic circulation system improvement obligations of the Four Seasons Hotel as previously set forth under Traffic Study Conditions No. 1 and 2, Resubdivision No. 752 Conditions No. 23, 24, 25, 28, 40, 41 and 42; Site Plan Review No. 32 (Amended) Conditions No. 2 and 3, and the Resolution adopting General Plan Amendment No. 82 -2. • 40. Tha[ any r�oftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line and that any mechanical equipment and emergency power generators shall be screened from view. 41. Signage and exterior lighting shall be of similar design theme throughout the project and shall be approved by the Planning and Public Works Departments. 42. The portion of Parcel 2 not developed with surface parking or parking structure shall be landscaped with trees, shrubs, groundcover and paving similar in character to the hotel grounds. Pedestrian access shall be provided to allow use of this area by both hotel patrons and other users of Block 600. The landscape plan shall be prepared by a licensed landscape architect and be reviewed by the Planning and Parks, Beaches and Recreation Departments. The landscaping shall be installed prior to issuance of the Certificate of Occupancy for the hotel. 43. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 39 COAAM15SIONERS1 MINUTES u December 6, 1984 x 2 C Z c m> m m Y a = ; m City of Newport Beach _ ROLL CALL INDEX • 44. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 45. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 46. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 47. An erosion, siltation and dust control plan shall be submitted and subject to the approval of the Building Department and a copy shall be forwarded to the California Regional water Quality Control Board, Santa Ana Region. 48. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 49. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. Planning Commission recessed at 11:15 p.m. and reconvened at 11:25 p.m. • f' R 40 , l� 0 0 .D Jy MAP - -OF- - - •. X 1r !6 gf !b !f. iii• rr s !7 1, �w` S/ al Y • rl y, S r _ - r..rer 29 9-L ERT.AW I KMSION9 wMN bYrO. WE Y n • ,So- Y -- r n r� 4 K rtp p rtn owrinb +- •u• . DrfrFCT •• yWl. �� rri. fw,r.a P -C wre.w ue:r. w r reu .m. or�s.n n n >: Ibb.rM � vim( u i �`'� K +� � rr N � r W o n A r • rrn rt .MjVl��wrN rt�m.n wn''Si' been o..bl m.l .0 :' Q cD D IDD mo » dlrKr wYYY.I a.+f�Ca bi /K 3,,I LYeefYly 11.ry �rI ! Mrnr SAN JOAO&,V � � ��� W /LCJ LLOlii YYIL\„LL -✓ Si rD << .D�YRW" Wr. r mp b. lvrr F! M .. 0 -H 46 sue. 'Pd00 P-C R-C y, 2 271 ShB c07' RC R C-O- C NOC H sl ,6- jE o c y l IE 0 -5 RC C -O -H 3 2 E��gi �1p C C:0 - H � %i7. ma �. L COH D a TI - MAP - -OF- - - '°°� CITY NEWPORT BEACH CALIFORNIA .012.3 -. 29 9-L ERT.AW I KMSION9 wMN bYrO. WE wNNN Y A71DYa DAVE '11T ororr rtn owrinb +- • •u• DrfrFCT eb.rr. yWl. �� rri. fw,r.a 16. wre.w ue:r. w r reu .m. or�s.n n n f wlQllr Ibb.rM � vim( u i s.�.Ir +� � rr N � ..w«a..b+`�r wyir r�ir .MjVl��wrN rt�m.n wn''Si' been o..bl m.l .0 :' cD D IDD mo » dlrKr wYYY.I a.+f�Ca bi /K 3,,I LYeefYly 11.ry �rI ! Mrnr Y.,rrA tlbN Y. � � ��� LLOlii YYIL\„LL -✓ Si rD << .D�YRW" Wr. r mp b. lvrr I o Fr- - .5 rE PARKIJCr AGReFMGNT G NO CONSIDEIRATIud RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk IA -d1 CITY OF NEWPORT BEACH C �-7 / EXEMPT RECORDING REQUEST K... OVE" NNIENT CODE 6103 z05V=89 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -4 N PM MAY 19'86 3300 Newport Boulevard r--' iP' �,/� RFCORJER Newport Beach, California 92663 Space Above This Line for Recorders Use Only FOUR SEASONS NEWPORT CENTER HOTEL OFF-SITE PARKING COVENANT AND AGREEMENT THIS INSTRUMENT is made and entered into as of 1986 by and between and CITY OF NEWPORT BEACH, a municipal corporation and charter city, hereinafter referred to as "City," THE IRVINE COMPANY, hereinafter referred to as "Owner," with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: A. Owner is the owner of certain real property located generally in Block 600 of Newport Center in the City of Newport Beach, Orange County, California, which real property is more particularly described as Parcels 2 and 3 of Parcel Map No. 83-715 as shown on map recorded as Instrument No. 85-043136 in Book 196, Pages 13 through 16, inclusive, of Parcel Maps of said County. B. The City of Newport Beach ("City") has approved a general plan amendment, traffic study, resubdivision, use permit, and site plan providing among other things for the construction of a luxury -class hotel and related facilities (the "Hotel") on Parcel 3 as shown on said Parcel Map No. 83-715 (the "Hotel Parcel"), which Hotel is intended to be operated and managed as the "Four Seasons Newport Beach" by Four Seasons Hotels Limited pursuant to a Hotel Management Agreement dated March 1, 1984 between Owner and Four Seasons Hotels Limited, an Ontario, Canada corporation. C. In fulfillment of certain conditions of approval of Use Permit No. 3119 and of Site Plan Review No. 32 regarding development of the Hotel, the Planning Commission of the City has recommended to the City Council of Newport Beach that -1- HTD55 4/8/86 lJV ^.L�o..ra this instrument be approved, executed and recorded in order to provide for the maintenance of required off-street parking on Parcel 2 of said Parcel Map (the "Hotel Parking Site") for the benefit of the Hotel and Hotel Parcel and for the duration of the proposed use of the Hotel and Hotel Parcel for hotel purposes, subject to relocation as provided below. In accordance with Section 20.30.035(D) of the Newport Beach Municipal Code, the City Council has determined that this instrument satisfies such code requirement and has authorized execution and recordation of this instrument. NOW, THEREFORE, the parties hereto agree as follows: 1. Off -Site Parking Covenant. Owner hereby covenants and agrees to and with the City that not less than 369 usable and accessible automobile parking spaces, to be required in compliance with Section 20.30.035(D) of the Newport Beach Municipal Code, will be provided and maintained on the Hotel Parking Site (either alone or in conjunction with spaces located on the Hotel Parcel from time to time) for the use and benefit of the Hotel and Hotel Parcel. Subject to the provisions of Paragraph 2 below, such covenant shall continue for the duration of the proposed use or uses of the Hotel and Hotel Parcel for hotel purposes and so long as such parking is required by the provisions of the Newport Beach Municipal Code or unless otherwise released by a recordable instrument approved in writing and executed by the City. 2. Parking Access. Owner reserves the right to designate the manner of ingress and egress to any such parking provided under this instrument (so long as ingress and egress shall be from the street shown -as Parcel A on said Parcel Map No. 83-715 and subject first to review and approval of the City Traffic Engineer). 3. Binding Effect. The provisions contained in this instrument shall run with the land as a burden against the Hotel Parking Site for the benefit of the Hotel Parcel; shall be binding upon the successors -in -interest, transferees, vendees and assigns of the Owner; and shall be recorded in the office of the Orange County Recorder. 4. Temporary Relocation. It is understood that in the event City grants Owner an entitlement to construct a second garage structure on the Hotel Parking Site, Owner may relocate, on a temporary basis during the course of such construction, twenty (20) automobile parking spaces from the Hotel Parking Site to another location within five hundred (500) feet of the Hotel Parcel. -2- HTD55 4/9/86 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first above written. "OWNER" THE IRVINE COMPANY, a Michigan corporation By: W 1 Ilam H. mlcvar Dano r Executive V'ce President Kkpp o "CITY" t'— CIT WPORT BEACH, a unicip corpor/tion By: _ . James JTe MyV TEST: Vice re ident CityCer STATE OF CALIFORNIA ) ) ss. COUNTY OF Orange - ) On this 2nd day of May , in the year 1986 , before me, the undersigned, a Notary Pub7—ic in and for said State, personally appeared William H. McFarland - and James T. Kelley , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Executive Vice President and Vice President respectively, on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL SEAL CLAIRE L.ALTMAN Notary Public in and for said State NOTARYPUBLIC- CALIFORNIA ORANGECOUNTY My Comm. Expires Oct. 10, 1989 STATE OF CALIFORNIA, COUNTY OOrange } ss, F ) On this 6 day of 1 in the yead q d , before me the undersigned a Notary Public in and for sai tate, personally appeared known to me to be the Mayor of the City of Newport Beach and known to me to be the.City Clerk of the City of Newport Beach and known to me tQue the persons who executed the within instrument on behalf of said governmental agency, and acknowledged to me that such governmental agency executed the same. WITNESS my hand and official seal. o. .»•..4 " OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC . CALIFORNIA o PRINCIPAL OFFICE IN ORANGE COUNTY Not�bllnd for said State. °� . My Commission Exp. Apr. 5, 1989