HomeMy WebLinkAboutC-2571 - Off-Site Parking•
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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).
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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
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Attachments for City Council Only:
Excerpt of the Planning Commission Minutes dated December 6, 1964
Vicinity Map
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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
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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.
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December 6, 1964
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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.
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Motion
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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program shall include hotel employees being
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39. Prior to the issuance of any building permit, the
December 6, 1984 4 MINUTES
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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.
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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.
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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.
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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