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HomeMy WebLinkAboutC-2572 - Off-Site ParkingCONSIDERATION - EXE�4IPT RECORDING REQU w, l�t NO GOVERNMENT CODE 6103 r-4 DED IN OFFICIAL RECORDS (gam ,Q NGE COUNTY CALIFORNIA RECORDING REQUESTED BY AND �1 �1 Q PM MAY 19'86 WHEN RECORDED RETURN TO: COUNTY RFCORDERI City Clerk ��, J CITY OF NEWPORT BEACH 3300 Newport Boulevard E3(EMPT Newport Beach, California 92663 C0 pace Above finis Line for recoraer-s use WELLS FARGO BUILDING OFF-SITE PARKING COVENANT AND AGREEMEI� / THIS INSTRUMENT is made and entered into May !7j 1986 by and between and y 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 follows: (i) Parcel 1 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 Orange County ("Parcel I"); and (ii) That portion of Lot 22 of Tract No. 6015 as shown on map recorded in Book 239, Pages 28 through 41, inclusive, of Miscellaneous Maps of Orange County lying within Parcel II shown on that certain lotline adjustment recorded in Book 11216 at page 836 of Official Records of Orange County (the "Wells Fargo Building Parcel"), as improved with an existing 16 -story office building (the "Wells Fargo Building"). B. The City of Newport Beach ("City") has approved a general plan amendment, traffic study, V r JIB101 '�.� t resubdivision and site plan providing among other things for the construction of a luxury -class hotel and related facilities on Parcel 3 as shown on said Parcel Map No. 83-715 ("Parcel 3"), which hotel is intended to be operated and managed as the "Four Seasons Newport Beach Hotel" 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 a condition of approval of Site Plan Review No. 32 regarding development of such hotel, the Planning Commission of the City has recommended to the City Council of Newport Beach that this instrument be ap- proved, executed and recorded in order to provide for the relocation of certain required off-street parking heretofore existing on Parcel 2 of said Parcel Map No. 83-715 ("Parcel 2") for the benefit of the Wells Fargo Building Parcel and for the duration of the expected useful life of the Wells Fargo Building for office purposes. In accordance with Section 20.30.035(D) of the Newport Beach Municipal Code, the City Council has determined that this instrument satis- fies 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 212 usable and accessible automobile parking spaces, or such lesser number of spaces as City may determine from time to time to be required in compliance with Section 20.30.035(D) of the Newport Beach Municipal Code, will be provided and maintained on Parcel 1 (either alone or in conjunction with spaces located on the adjacent Wells Fargo Building Parcel from time to time) for the use and benefit of the Wells Fargo Building, all in accordance with the approved site plan attached hereto as EXHIBIT A. Subject to the provisions of Paragraph 2 below, such covenant shall continue for the term of twenty (20) years from the date hereof, being the agreed remaining expected useful life of the Wells Fargo Building for office purposes as determined by the City based upon information supplied by Owner, unless earlier released by a recordable instrument approved in writing or executed by the City. 2. Parking Relocation or Substitution. Notwith- standing the foregoing, if Owner completes construction of an additional garage structure or an expansion of the existing garage upon Parcel 2 so as to provide parking spaces in excess of the 369 spaces required to be maintained on said Parcels 2 and 3 pursuant to the terms of that certain "Four Seasons Newport Beach Hotel Off -Site Parking Covenant and Agreement" being recorded concurrently herewith, then Owner from time to time may relocate any or all of the spaces required to be provided under this instrument to the garage structure or structures located on Parcel 2, but only to the extent of any such excess spaces as described above. Upon or following any such relocation, PA Owner may exclude portions of Parcel 1 from the provisions of this instrument by recording a supplement to this instrument executed by Owner and approved by the City. Such supplement (i) shall refer specifically to this instrument and its recording data; (ii) shall adequately describe the area in which the relocated parking will be provided; and (iii) shall specifically describe those portions of Parcel 1 previously designated for parking hereunder which are no longer to be burdened by this instrument. Nothing contained herein shall obligate Owner to construct such additional or expansion parking garage. 3. Parking Access. Owner reserves the right to designate the manner o if ngress and egress to any such parking provided under this instrument (so long as ingress and egress shall be from a street built to City standards and subject to prior review and approval of the City Traffic Engineer), and to adopt other nondiscriminatory rules and regulations with respect to parking. 4. Binding Effect. Subject to the foregoing, the provisions contained in this instrument shall run with the land as a burden against Parcel 1 for the benefit of the Wells Fargo Building Parcel; shall be binding upon the suc- cessors in interest, encumbrancers, transferees, vendees and assigns of Owner; and shall be recorded in the office of the Orange County Recorder. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first above written. "OWNER": ON,/ THE IRVINE COMPANY,a Michigan corporation By By "CITY": TY—OFEWPO BEACH, Munic al orp Tgtion ATTEST: , F� r.i 1-�7 rl Ark STATE OF CALIFORNIA, ) COUNTY OOrange } ss. 816-2E) On this 1 day of in the year/q1:4 fore me the undersigned a Notary Public in and for sai State, 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 t e 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. �p,W..1 "• OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC • CALIFORNIA m PRINCIPAL OFFICE IN ORANGE COUNT° Notary lic in and for said State. „Q„ My Commission Exp. Apr. 5, 1989 EXHIBIT A •�L �,/��+•••• �qa iii �q�yF++ _ �Q��� VQ i� 00 J rJaj 3 °o�aaaa a� EXHIBIT A 0 �! CITY OF NEWPORT BEACH May 15, 1986 OFFI OF THE CITY CLERK P.O. BOX 1768,WPORT BEACH, CA 92658 -8915 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 (714) 644 -3005 C - Zs %Z Dear Mr. Branch: Enclosed for recordation is Off -Site Parking Covenant and Agreement (Wells Fargo Building), between the City of Newport Beach and The Irvine Company. Said Agreement was executed on May 14, 1986. Please record and return to us. Sincerely, Wanda E. Raggio City Clerk WER :pm Enclosure(s) M'1�1 cc: Planning Department 3300 Newport Boulevard, Newport Beach City Council Meng May 12, 1986 Agenda Item No. F -12 CITY OF NEWPORT BEACH BY Tt,E C€ a COUNCIL • CITY OF NEWPORT REACH T0: City Council MAY 12 1986 FROM: Planning Department APPROVED SUBJECT: SUBJECT: Off -Site Parking Agreement ?Z Request to accept and approve an off -site parking agreement for a portion of the required parking spaces in conjunction with SITE PLAN REVIEW NO. 32 (AMENDED) that permitted revisions to the originally- approved Four Seasons Hotel in Newport Center. LOCATION: Parcel No. 1 (off -site parking lot), Parcel Map 83 -715 (Resub- division No. 752) , and a portion of Lot 22 of Tract No. 6015 (bank site), located at 660 Newport Center Drive, on the southeasterly corner of Santa Cruz Drive and San Joaquin Hills Road in Newport Center. • ZONE: C -O -H APPLICANT: Wells Fargo Building, Newport Beach 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 Wells Fargo Building. 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). 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. 18 of • Site Plan Review No. 32 (Amended) provided that the City Council shall approve an off -site parking agreement for a portion of the required parking spaces for the Wells Fargo Building. The new off -site parking lot is located westerly of the bank site (see attached Vicinity Map) . Said parking lot will provide 212 required parking spaces for the bank use that originally were located on the property where the Four Seasons Hotel parking structure is now under construc- tion. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by .(,Uj&110- 'fc. , cT�1'G4. WILLIAM R. LAYCOCK Current Planning Administrator isWRL /kk CC16 Attachments for City Council Only: Excerpt of the Planning Commission Minutes dated December 6, 1984 Vicinity Map COMMISSIONERS • i MINUTES x x - December 6, 1984 c o e y a s s v v m 2 C m Z m Z lz n= 9= r m City of Newport Beach c z a p[ 0 0 a ROLL CALt INDEX • / 1 A. Use Permit No. 3119 (Public Hearing) Request to construct a three level parking structure with parking on the roof for the Four Seasons Hotel, and the acceptance of an environmental document. The parking structure will accommodate both guest and valet Item #8 UP 3119 Site Plan 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 use 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 'COM MISSIONFRS x R T December 6, 1984 c O o r c y y m z c m z I = M = 9 = T m City of Newport Beach MINUTES ROLL CALL I I I I I I I I INDEX • 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 f 9 9 = V y m z c m> m z W z a z r 0 2 C z m o c 0 0 m W O m> + w z a Motion All Ayes • December 6, 1984 of Newport Beach Commissioner Eichenhofer 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 and 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. H. 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 MMISSIONERS x s December 6, 1984 C o f y 9 z 9 m r 9 z c m > m z M z A= T m City of Newport Beach c z m O L O O ROLL MINUTES 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 orf -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 MINUTES I COMMISSIONERS MINUTES x December 6, 1984 co z Z C m> m z ; z a City of Newport Beach c 2 b p; 0 0 ROLL CALLI I I I I I I I 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. S. 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 instrumentsr 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 due) 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 • • r� December 6, 1984 141 City of Newport Beach 4. Construction to meet the requirements of the Uniform Building Code 6 California Administrative Code - Titles 19 6 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 (15') 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 (5Y) 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 259 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 INDEX F c C O � i a v m y 9 r 9 z C m o m z m a a= r C Z C Z N o; 0 0 Z v O m> Z a z w m • • r� December 6, 1984 141 City of Newport Beach 4. Construction to meet the requirements of the Uniform Building Code 6 California Administrative Code - Titles 19 6 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 (15') 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 (5Y) 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 259 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 INDEX rVAMiSSIONER5 December 6, 1984 c o n a 9 = z c c T m> r 9 m T z bus stop on San Joaquin Hills Road and the m a ` = z a a m i z r a ° ` ° m' z T a s ° m City Of Newport Beach MINUTES INDEX 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 hall 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 101 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 INDEX COMMISSIONERS �• MINUTES ' x x December 6, 1984 c o � prepared and signed by a Licensed Electrical _ 1 O r y x T Z c I z m N m O ; = z 0 0 City of Newport Beach that, in his opinion, this requirement has been a met. R CALL 20. The applicant shall provide energy- conserving INDEX R prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 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 shall incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Planning Department. 23. That a public 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 R • • I• c " n f x o = y r y m 2 c m s m z 10C a a i r O r 1 2 a p; O O 9 m p m 1 M T 2 9 Z S= T m �• December 6, 1984 of Newr)ort 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 (J MINUTES • x A - 111 December 6, 1984 c o x v y m z c m Z m z m a 9 i r m x Z = ; = r m City of Newport Beach ROLL CALL INDEX • 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. That any rooftop 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 1.2- COMMISSIONERS ROLL C7 • December 6, 1984 re MINUTES of Newport Beach 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. R i i Planning Commission recessed at 11:15 p.m. and reconvened at 11:25 p.m. i * i 40 /3 x F C O O r ♦ y > y 2 C T > m Z Z m a a i t O Z C 2 m O i 0 0 a O T T i s M i , x T T ROLL C7 • December 6, 1984 re MINUTES of Newport Beach 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. R i i Planning Commission recessed at 11:15 p.m. and reconvened at 11:25 p.m. i * i 40 /3 0 Y 1 2.592 SAN JA4gaN N - f P -C WILLS FARGO Bui�Ain/G .or n S sun. yY 'f'Q0o 2 :rI C -0 -y 0 y v v m /s a -s �o `/ / oRivE p�� ra. NO. B 4 C=0 -N o � CON 0 - -MAP- -OF- NEWPORT - AC ' TI CITY BEH- CALIFORNIA No.jQ4 3 -4 1129 !-2 1n Ymww Ylwro REVISIONS wanr wr1\\ wn YRxYYrr . wn InoY9 n X1R . pRAE'I 2 \1A90i14 -4 01(111CT Y \T� 011\CNY cY.wIW d afOMY'! yp� 1YM Y\MA'i1Y. OYOC M YR. �yiYY114j\Y\i �IMW M1YYeX�f aYPa[. Y.�� �Y ywn�r YXYI rcwr p.YY I[yVNW.�s.ryw .Yww�WC FF�C • -11•H 11.x•1* !'�.l) !IW \YMNY WII\ YI UD.IU- \ 10. 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