HomeMy WebLinkAboutC-2605 - Off-Site ParkingJ
City Council Me *g July 28, 1986
Agenda Item No. F -12
C - 2G�S
CITY OF NEWPORT BEACH BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
TO: City Council Jill 2 8 1986
FROM: Planning Department
APPROVED
SUBJECT: Off -Site Parking Agreement
Request to accept an off -site parking agreement so as to allow
the construction of two combined residential /commercial develop-
ments on adjoining lots where a portion of the required off -
stroet parking spaces of one of the office uses overlaps the
common interior property line.
LOCATION: Lots 9 and 10, Block 225, Section A, Lancaster's Addition, loca-
ted at 3816 and-- 2818.a3ewport,_Boulevard, on the easterly side of
Newport Boulevard, between 28th Street and 29th Street, in the'
Cannery Village /McFadden Square Specific Plan Area.
'LONE: SP -6
APPLICANT: Rassell E.r- .Fluter, Newport Beach
OWNER: Same as Applicant
Application
This is a request to approve an off -site parking agreement so as to allow the
construction of two combined residential /commercial developments on adjoining
lots where a portion of the required off - street parking spaces of one of the
office uses overlaps the common interior property line in the "Retail and
Service Commercial" District of the Cannery Village /McFadden Square Specific
Plan Area.
As outlined in section 20.63.045B of the Municipal Code, the Planning Commis-
sion shall not recommend and the City Council shall not approve off - street
parking on a separate lot from the building site or sites unless:
1. Such lot is so located as to be useful in connection with the pro-
posed use or uses on the building site or sites.
• 2. Parking on such lot will not create undue traffic hazards in the
surrounding area.
3. 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 Cecil - 2.
4. 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 Department.
Suggested Action
Accept an Off -Site Parking Agreement with Russell E. Fluter, Newport Beach, for
a portion of the required off - street parking spaces in connection with the
construction of two combined residential /commercial developments on adjoining
lots located at 2816 and 2818 Newport Boulevard, between 28th and 29th Streets
in the Cannery Village /McFadden Square Specific Plan Area.
Planning Commission Recommendation
At its meeting of July 10, 1986, the Planning Commission voted unanimously to
recommend the approval of an off -site parking agreement with the Findings and
subject to the following Conditions of Approval:
FINDINGS:
1. That the proposed use is consistent with the Land Use Elements of the
General Plan and the Local Coastal Plan and is compatible with sur-
rounding land uses.
2. The project will not have any significant environmental impact.
3. The proposed off -site parking area is so located as to be useful in
connection with the proposed office building inasmuch as the parcels
are contiguous.
4. That parking on said off -site lot will not create undue traffic
hazards in the surrounding area.
S. That the two parcels are in common ownership.
6. The proposed use of tandem parking spaces for the office uses will
not, under the circumstances of this particular case, be detrimental
to the health, safety, peace, comfort, and general welfare of persons
residing or working in the neighborhood of such proposed use, or be
detrimental or injurious to property and improvements in the neigh-
borhood or the general welfare of the City, and further that the
proposed modification is consistent with the legislative intent of
Title 20 of the Municipal Code.
TO: City C *cil - 3. .
CONDITIONS:
1. That an off -site parking agreement shall be approved by the City
• Council guaranteeing that a portion of each of 2 (two) parking spaces
! in tandem shall be provided at 2816 Newport Boulevard for the use of
development at 2816 Newport Boulevard for the duration of the office
use at 2816 Newport Boulevard.
2. That development shall be in substantial conformance with the
attached plot plan, floor plans, and elevations, except as noted
below.
3. That office development at 2818 Newport Boulevard shall not exceed
500 square feet of net floor area.
4. That a minimum of 6 off - street parking spaces (including 3 tandem
spaces) shall be maintained for the office uses on the property at
all times.
5. That two garage spaces (including one tandem space) shall be main-
tained for each of the two dwelling units at all times.
6. That the proposed development shall not exceed the building height
permitted in the 26/35 Foot Height Limitation District. This
provision will require the removal of proposed parapet walls, along
• both exterior side property lines that exceed the permitted height.
7. That any mechanical equipment or trash containers shall be screened
from view from Newport Boulevard, adjoining properties and the alley.
S. That only one dwelling unit shall be permitted on each lot.
9. That all improvements be constructed as required by Ordinance and the
Public Works Department.
10. That agreement and accompanying surety be provided in order to guar-
antee satisfactory completion of the public improvements if it is
desired to obtain a building permit prior to completion of the public
improvements.
11. That the residential and commercial portions of the development be
served with an individual water service and sewer lateral connection
to the public water and sewer systems unless otherwise approved by
the Public Works Department.
12. That the on -site parking, vehicular circulation and pedestrian circu-
lation systems be subject to further review by the Traffic Engineer.
13. That the existing deteriorated curb and sidewalk be removed and
replaced with new 6 inch concrete curb and full width concrete side-
walk along the Newport Boulevard frontage under an encroachment
permit issued by the Public Works Department.
•
TO: City Cecil - 4. .
14. That County Sanitation District fees be paid prior to issuance of any
building permits.
15. This modification to the Zoning Code shall expire unless exercised
within 24 months from the date of approval as specified in Section
20.81.090 of the Newport Beach Municipal Code.
The Planning Commission also approved a modification to the Zoning Code so as
to allow the use of tandem parking spaces for a portion of the required office
parking.
Analysis
The proposed development consists of the construction of two residential/
commercial structures on adjoining lots with associated parking which will
include tandem parking and two parking spaces which straddle the common inter-
ior lot line. The structure at 2816 Newport Boulevard will contain 874± sq.ft.
of office space and a second floor residence. Two parking spaces (including
one tandem space) for the residence will be provided in an attached garage. In
accordance with Section 20.63.045A of the Municipal Code, one parking space for
each 250 sq.ft. of office space, or four spaces, will be required for the
office use (874± sq.ft. : 250 = 3.5, or 4 spaces) . The applicant proposes to
provide two of the spaces in tandem on site, and two of the spaces in tandem
straddling the property line between 2816 and 2818 Newport Boulevard. Because
the lot is only 25 feet wide, it would not be possible to provide all of the
required parking spaces on the site at a width adequate to meet City require-
ments. Thus, an off -site parking agreement is necessary to allow a portion of
each of the two spaces to be provided on the adjacent lot. The Planning
Commission had no objections to this proposal inasmuch as the two lots are in
common ownership, they are contiguous, and undue traffic hazards will not be
created. The proposed development also includes office space on the first
floor and a residence on property located at 2818 Newport Boulevard. Parking
for said uses will be provided in tandem on site. Details of the proposed
residential /commercial structures are provided in the attached copy of the
Planning Commission staff report dated July 10, 1986.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by I(/j&t /R. YAtkWng
• WILLIAM R. LAYC6ft WRL /kk
Current Planning A inistrator CC18
Attachments for City Council Only:
Planning Commission Staff Report dated 7/10/86
Vicinity Map
Excerpt of the Draft Planning Commission Minutes dated 7/10/86
0
•
. Planning Commission 0ting July 10, 1986
Agenda Item No. 9
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Off -Site Parking Agreement (Public Hearing)
Request to approve an off -site parking agreement so as
to allow the construction of two combined residential/
commercial developments on adjoining lots where a
portion of the required off - street parking spaces of
one of the office uses overlaps the common interior
property line. Said proposal also includes a modifica-
tion to the Zoning Code so as to allow the use of
tandem parking spaces for a portion of the required
office parking.
LOCATION: Lots 9 and 10, Block 225, Section A, Lancaster's Addi-
tion, located at 2816 and 2818 Newport Boulevard, on
the easterly side of Newport Boulevard, between 28th
Street and 29th Street, in the Cannery Village /McFadden
Square Specific Plan Area.
Z,nNE:
APPLICANT:
OWNER:
Application
SP -6
Russell E. Fluter
Same as applicant
This is a roqurst to approve an off -site parking agreement so as to
allow the construction of two combined residential/ commercial deve-
lopments on adjoining lots where a portion of the required off - street
parking spaces of one of the office uses overlaps the common interior
property line in the "Retail and Service Commercial" District of the
Cannery Village /McFadden Square Specific Plan Area. Under Section
20.63.040 of the Municipal Code, offices providing services to the
general public and second floor residences are permitted uses in this
District.
As outlined in Section 20.63.045 B of the 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:
5—
TO: P Oing Commission -2. •
(1) Such lot is so located as to be useful in connection with
the proposed use or uses on the building site or sites.
• (2) Parking on such lot will not create undue traffic hazards in
the surrounding area.
(3) 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 .inter-
est of a duration adequate to serve all proposed uses on the
building site or sites).
(4) 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.
A modification to the Zoning Code so as to allow the use of tandem
parking spaces is also proposed.
Environmental Significance
This project has been reviewed and it has been determined to be
categorically exempt under Class 5 (Minor Alterations in Land Use
Limitations) from the requirements of the California Environmental
Quality Act.
Conformance with General Plan and Local Coastal Program,
Land Use Plan
The Land Use Element of the General Plan and the Local Coastal Pro-
gram, Land Use Plan, as recently amended in conjunction with the
approval of the Cannery Village /McFadden Square Specific Area Plan
(G.P.A. 86 -A(A); L.C.P. Amendment No. 8) designate the site for
• "Retail and Service Commercial" uses. The proposed residen-
tial/commercial development and associated parking are permitted
within this land use designation.
TO: P1•ing Commission -3. •
Subject Property and Surrounding Land Uses
The subject property is currently vacant. To the north is additional
vacant property; to the east, across a 14 foot wide alley are light
industrial and commercial uses; to the south is a
commercial /residential structure; and to the west, across Newport
Boulevard are mixed commercial uses.
Analysis
The applicant proposes to construct two residential /commercial struc-
tures on adjoining lots with associated parking which will include
tandem parking and two parking spaces which straddle the common
interior lot line. The structure at 2816 Newport Boulevard will
contain 874± square feet of office space and a second floor residence.
Two parking spaces (including one tandem space) for the residence will
be provided in an attached garage. In accordance with Section
20.63.045 A of the Municipal Code, one parking space for each 250
sq.ft. of office space, or 4 spaces, will be required for the office
use (874± sq.ft. - 250 = 3.5, or 4 spaces). The applicant proposes to
provide two of the spaces in tandem on -site and two of the spaces in
tandem straddling the property line between 2816 and 2818 Newport
Boulevard. Because the lot is only 25 feet wide, it would not be
• possible to provide all of the required parking spaces on the site at
a width adequate to meet City requirements. Thus, an off -site parking
agreement is necessary to allow a portion of each of the two spaces to
be provided on the adjacent lot. Staff has no objection to this
proposal inasmuch as the two lots are in common ownership, they are
contiguous, and undue traffic hazards will not be created.
The applicant had proposed to construct one second floor residence and
531± square foot of office space at 2818 Newport Boulevard. However,
because only two parking spaces would be available for the office use
on -site, office space will have to be reduced to no more than 500
square feet (500 sq.ft. e 250 = 2 spaces) . Two parking spaces will
also be provided for the residential unit in tandem in the attached
garage.
Tandem Parking
Three of the six required parking spaces for the office uses will be
provided in tandem, and thus will not be independently accessible.
However, spaces will only be in tandem with another space serving the
• same office. Staff, therefore, has no objections to the use of tandem
spaces at this location.
TO: P1•ing Commission -4. •
Parapet Walls
The proposed development meets the provisions of the 26/35 Foot Height
• Limitation District (i.e. 26 foot average roof height and 30 feet 6
inches t to the top of pitched roofs) , except for the 33 foot high
parapet walls that extend 30 inches above the roof lines along both
exterior side property lines. The architect for the project has been
informed of this situation, and the parapet walls that exceed the
permitted height will be removed from the plan.
Specific Findings and Recommendations
Staff recommends the approval of the subject off -site parking agree-
ment and modification for the tandem parking spaces, and suggests that
the Planning Commission take such action subject to the findings and
conditions of approval set forth in Exhibit "A ".
PLANNING DEPARTMENT
JAMES D. HF,WICRER, Director
By 'zti+ „L
Sandra L. Genis „✓/QL
Associate Planner
SLG:la /dee
MISC3
Attachments: Exhibit "A"
Vicinity Map
Plot Plan, Floor Plans and Elevations
•
7
i
TO: P140ing Commission -5. •
FINDINGS:
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
OFF -SITE PARKING AGREEMENT
' 1. That the proposed use is consistent with the Land
Use Elements of the General Plan and the Local
Coastal Plan and is compatible with surrounding
land uses.
2. The project will not have any significant
environmental impact.
3. The proposed off -site parking area is so located
as to be useful in connection with the proposed
office building inasmuch as the parcels are
contiguous.
4. That parking on said off -site lot will not create
undue traffic hazards in the surrounding area.
CONDITIONS:
1. That an off -site parking agreement shall be
approved by the City Council guaranteeing that a
portion of each of 2 (two) parking spaces in
tandem shall be provided at 2818 Newport Boulevard
for the use of development at 2816 Newport
Boulevard for the duration of the office use at
• 2816 Newport Boulevard.
2. That development shall be in substantial confor-
mance with the attached plot plan, floor plans,
and elevations, except as noted below.
3. That office development at 2818 Newport Boulevard
shall not exceed 500 square feet of net floor
area.
l�
5. That the two parcels are in common ownership.
•
6. The proposed use of tandem parking spaces for the
office uses will not, under the circumstances of
this particular case, be detrimental to the
health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use, or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City, and further that the proposed
modification is consistent with the legislative
intent of Title 20 of the Municipal Code.
CONDITIONS:
1. That an off -site parking agreement shall be
approved by the City Council guaranteeing that a
portion of each of 2 (two) parking spaces in
tandem shall be provided at 2818 Newport Boulevard
for the use of development at 2816 Newport
Boulevard for the duration of the office use at
• 2816 Newport Boulevard.
2. That development shall be in substantial confor-
mance with the attached plot plan, floor plans,
and elevations, except as noted below.
3. That office development at 2818 Newport Boulevard
shall not exceed 500 square feet of net floor
area.
l�
To: Pl0ing Commission -6. .
4. That a minimum of 6 offstreet parking spaces
(including 3 tandem spaces) shall be maintained
for the office uses on the property at all times.
• 5. That two garage spaces (including one tandem
space) shall be maintained for each of the two
dwelling units at all times.
6. That the proposed development shall not exceed the
building height permitted in the 26/35 Foot Height
Limitation District. This provision will require
the removal of proposed parapet walls, along both
exterior side property lines that exceed the
permitted height.
7. That any mechanical equipment or trash containers
shall be screened from view from Newport
Boulevard, adjoining properties and the alley.
8. That only one dwelling unit shall be permitted on
each lot.
9. That all improvements be constructed as required
by Ordinance and the Public Works Department.
• 10. That agreement and accompanying surety be provided
in order to guarantee satisfactory completion of
the public improvements if it is desired to obtain
a building permit prior to completion of the
public improvements.
11. That the residential and commercial portions of
the development be served with an individual water
service and sewer lateral connection to the public
water and sewer systems unless otherwise approved
by the Public Works Department.
12. That the on -site parking, vehicular circulation
and pedestrian circulation systems be subject to
further review by the Traffic Engineer.
13. That the existing deteriorated curb and sidewalk
be removed and replaced with new 6 inch concrete
curb and full width concrete sidewalk along the
Newport Boulevard frontage under an encroachment
• permit issued by the Public Works Department.
14. That County Sanitation District fees be paid prior
j to issuance of any building permits.
15. This modification to the Zoning Code shall expire
unless exercised within 24 months from the date of
approval as specified in Section 20.81.090 of the
Newport Beach Municipal Code.
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CITY OF NEWPORT BEACH
MINUTES
July 10, 1986
ROLL CALL
INDEX
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
0 ommunity.
14. That this use permit s t ire unless exercised
within 24 months from the date roval as
specified in Section 20.80.090 A of the t
Beach Municipal Code.
s � :
Off -Site Parking Agreement (Public Hearing)
Item No.9
Request to approve an off -site parking agreement so as
Off -Site
to allow the construction of two combined residential/
Parking
commercial developments on adjoining lots where a
Agreement
portion of the required off - street parking spaces of
one of the office uses overlaps the common interior
Approved
property line. Said proposal also includes a
modification to the Zoning Code so as to allow the use
•
of tandem parking spaces for a portion of the required
office parking.
LOCATION: Lots 9 and 10, Block 225, Section A,
Lancaster's Addition, located at 2816
and 2818 Newport Boulevard, on the
easterly side of Newport Boulevard,
between 28th Street and 29th Street, in
the Cannery Village /McFadden Square
Specific Plan Area.
ZONE: SP -6
APPLICANT: Russell E. Fluter
OWNER: Same as applicant
The public hearing was opened in connection with this
item, and Mr. Russ Fluter, applicant, appeared before
14
the Planning Commission. Mr. Fluter stated that he
concurs with the findings and conditions in Exhibit
•
"A"
The public hearing was closed at this time.
Motion
x
Motion was made to approve the Off -Site Parking
All Ayes
Agreement subject to the findings and conditions of
Exhibit "A ". Motion voted on, MOTION CARRIED.
-30-
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COMMISSIONERS
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CITY OF NEWPORT BEACH
MINUTES
July 10, 1986
'ROLL CALL
INDEX
FINDINGS:
1. That the proposed use is consistent with the Land
Use Elements of the General Plan and the Local
Coastal Plan and is compatible with surrounding
land uses.
2. The project will not have any significant
environmental impact.
3. The proposed off -site parking area is so located
as to be useful in connection with the proposed
office building inasmuch as the parcels are
contiguous.
9. That parking on said off -site lot will not create
undue traffic hazards in the surrounding area.
5. That the two parcels are in common ownership.
•
6. The proposed use of tandem parking spaces for the
office uses will not, under the circumstances of
this particular case, be detrimental to the
health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use, or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City, and further that the proposed
modification is consistent with the legislative
intent of Title 20 of the Municipal Code.
CONDITIONS:
1. That an off -site parking agreement shall be
approved by the City Council guaranteeing that a
portion of each of 2 (two) parking spaces in
tandem shall be provided at 2818 Newport Boulevard
for the use of development at 2816 Newport
Boulevard for the duration of the office use at
•
2816 Newport Boulevard.
2. That development shall be in substantial confor-
mance with the attached plot plan, floor plans,
and elevations, except as noted below.
3. That office development at 2818 Newport Boulevard
shall not exceed 500 square feet of net floor
area.
-31-
CIOMMISSIONERS
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CITY OF NEWPORT BEACH
MINUTES
July 10, 1986
R06ilkCALL
INDEX
4. That a minimum of 6 offstreet parking spaces
(including 3 tandem spaces) shall be maintained
for the office uses on the property at all times.
5. That two garage spaces (including one tandem
space) shall be maintained for each of the two
dwelling units at all times.
6. That the proposed development shall not exceed the
building height permitted in the 26/35 Foot Height
Limitation District. This provision will require
the removal of proposed parapet walls, along both
exterior side property lines that exceed the
permitted height.
7. That any mechanical equipment or trash containers
shall be screened from view from Newport
Boulevard, adjoining properties and the alley.
8. That only one dwelling unit shall be permitted on
•
each lot.
9. That all improvements be constructed as required
by Ordinance and the Public Works Department.
10. That agreement and accompanying surety be provided
in order to guarantee satisfactory completion of
the public improvements if it is desired to obtain
a building permit prior to completion of the
public improvements.
11. That the residential and commercial portions of
the development be served with an individual water
service and sewer lateral connection to the public
water and sewer systems unless otherwise approved
by the Public Works Department.
12. That the on -site parking, vehicular circulation
and pedestrian circulation systems be subject to
further review by the Traffic Engineer.
•
13. That the existing deteriorated curb and sidewalk
be removed and replaced with new 6 inch concrete
curb and full width concrete sidewalk along the
Newport Boulevard frontage under an encroachment
permit issued by the Public Works Department.
14. That County Sanitation District fees be paid prior
to issuance of any building permits.
-32
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COMMISSIONERS . •
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CITY OF NEWPORT BEACH
MINUTES
July 10, 1986
ROWllpALL
INDEX
15. This modification to the Zoning Code shall expire
unless exercised within 24 months from the date of
approval as specified in Section 20.81.090 of the
Newport Beach Municipal Code.
Variance No. 1133 (Public Hearing)
Request to permit the construction of a single family
dwelling on property located in the R -1 District which
exceeds the basic 24 foot height limit in the 24/28
Foot Height Limitation District, and the acceptance of
an environmental document.
LOCATION: Parcel 1 of Parcel Map 188 -1
(Resubdivision No. 750), located at 2301
Pacific Drive, on the southwesterly side
of Pacific Drive, between Acacia Avenue
•
and Begonia Avenue, in Corona del Mar.
NE: R -1
APPL ANT: Richard L. Cooling, Newport Beach
OWNER: Harry E. Westover, Newport Beach
The public h ring was opened in connection with this
item, and Mr. R hard Cooling, applicant and architect,
appeared before a Planning Commission. Mr. Cooling
stated that he conc s with the findings and conditions
in Exhibit "A" with e exception of Condition No. 2,
"that 337± square feet £ the structure be removed so
that the maximum height of the structure will not
exceed 35 feet above the existing grade... ". Mr.
Cooling described the slope o the proposed structure
from Pacific Drive to Bayside D 've, and how a portion
of the structure would exceed the ight restrictions.
Mr. Cooling explained that the st cture will be
constructed 6 feet into the lot to decrease the
structure height to 41 feet rather t n 28 feet
allowable, and he said that staff has sax 35 feet
above the existing grade would be acceptab Mr.
Cooling further described the proposed grading esign
of the structure. Mr. Cooling requested that the
Planning Commission approve the project subject to t
findings and conditions in Exhibit "B ".
J
-33-
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
March 21, 1988
Mr. Russell Fluter
Cannery Village Realty
510 30th Street
Newport Beach, CA 92663
Dear Mr. Fluter:
Subject: Improvements with Off -Site Parking Agreement
(C -2605) - Release of Labor and Materials Surety
On September 14, 1987, the City Council of Newport Beach
authorized the City Clerk to release the labor and materials
surety (Certificate of Deposit No. 16573) for improvements
with off -site parking agreement in six months, proyided no
claims have been filed.
The Certificate of Deposit may be picked -up at the City
Clerk's Office at City Hall of Newport Beach between the
hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.
Sincerely, ,o
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
September 16, 1987
Mr. Russell Fluter
Cannery Village Realty
510 30th Street
Newport Beach, CA 92663
Dear Mr. Fluter:
Subject: Improvements with Off —Site Parking Agreement (C -2605) —
Release of Faithful Performance Surety
On September 14, 1987, the City Council of Newport Beach accepted
the public improvements constructed in conjunction with an off —site
parking agreement, and authorized the City Clerk to release the
faithful performance Surety (Certificate of Deposit No. 16572),
The City Clerk was also authorized to release the labor and
materials Surety (Certificate of Deposit No. 16573) in six months,
provided no claims have been filed.
The Certificate of Deposit may be picked up at the City Clerk's
office at the City Hall between the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday.
Sincerely,
L � z� .6�
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
• 9
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(7 14) 644 -3005
To: BUILDING DEPARTMENT
FINANCE DEPARTMENT
FIRE DEPARTMENT
GENERAL SERVICES DEPARTMENT
PARKS, BEACHES AND RECREATION DEPARTMENT
PLANNING DEPARTMENT
POLICE DEPARTMENT
PUBLIC WORKS DEPARTMENT
FROM: CITY CLERK
DATE: September 16, 1987
with an off -site parking agreement (C- 2605).
(x ) Improvements accepted in Use pP*mtr No-
( } Improvements accepted in Tract No.
( ) Improvements accepted in Resubdivision No.
Above action taken by Council on
September 14, 1987
Description of Use Permit, Tract or Resubdivision:
Lot 9 and Lot 10, Block 225, Section A, Lancaster's Addition, located at
2816 and 2818 Newport Boulevard on the easterly side of Newport
Boulevard between 28th Street and 29th Street in the Cannery
Village /McFadden Square Specific Plan Area.
Wanda E. Raggio
City Clerk
WER:pm
3300 Newport Boulevard, Newport Beach
September 14, 1987
CITY COUNCIL AGENDA
ITEM N0. F -17
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF IMPROVEMENTS AT 2816 AND 2818 NEWPORT BOULEVARD
(Contract No. 2605)
LOCATION: Lot 9 and 10, Block 225, Section A, Lancaster's Addition, located at
2816 and 2818 Newport Boulevard on the easterly side of Newport
Boulevard between 28th Street and 29th Street in the Cannery
Village /McFadden Square Specific Plan Area
DEVELOPER: Russell E. Fluter
RECOMMENDATIONS:
1. Accept the public improvements constructed in conjunction with
• an off -site parking agreement.
2. Authorize the City Clerk to release the faithful performance
surety (Certificate of Deposit No. 16572).
3. Authorize the City Clerk to release the labor and materials
surety (Certificate of Deposit No. 16573) in six months provided
no claims have been filed.
DISCUSSION:
The public improvements constructed in conjunction with the off -site
parking agreement for 2816 and 2818 Newport Boulevard have been inspected and
are satisfactory for acceptance.
The public improvements include the reconstruction of existing
deteriorated curb and sidewalk improvements along the Newport Boulevard front-
age. These improvements will be maintained by the City.
An exhibit is attached for reference.
�wLC BY THE CITY RTBEii
CITY OF NEWPORT BEACH
! Benjamin B. Nolan SEP 141987
Public Works Director -APPROVED
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January 12, 1987
BY THE CITY C11I'NCQtTY COUNCIL AGENDA
CITY OF 41 E 00aT €1F 94 M NO F -3(e)
JAN 1211987
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: OFF -SITE PARKING AGREEMENT FOR 2816 AND 2818 NEWPORT BOULEVARD
(Contract No. 2605)
DEVELOPER: Russell E. Fluter
RECOMMENDATIONS:
Approve an agreement guaranteeing completion of the public improve-
ments required with the off -site parking agreement; and authorize
the Mayor and the City Clerk to execute the agreement.
DISCUSSION:
The Planning Commission conditionally approved the off -site parking
agreement on July 10, 1986. The conditions of approval included the reconstruc-
tion of deteriorated curb and sidewalk along the Newport Boulevard frontage.
The developer desires to obtain a building permit prior to comple-
tion of the public improvements. To guarantee completion of the public improve-
ments, the developer has executed an appropriate agreement and provided the
accompanying security in the form of Certificates of Deposit (Certificate of
Deposit Nos. A 16572 and A 16523).
The agreement establishes the developer's obligation to complete the
public improvement construction. The faithful performance surety and the labor
and materials surety are in the amount of $1,000 each, which is 50% of the esti-
mated cost of the improvements.
An exhibit is attached for reference.
Benjamin B. Nolan
• Public Works Department
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December 12, 1986
TO: (1) CITY ATTORNEY
(2) CITY MANAGER
(3) CITY CLERK
FROM: Public Works Department
SUBJECT: AGREEMENT FOR PUBLIC IMPROVEMENTS AT 2816 AND 2818 NEWPORT BOULEVARD
Attached are the following:
1. Original and two copies each of an agreement guaranteeing comple-
tion of public improvements.
The Public Works Department has reviewed the agreement and has bound
it to be in order and sufficient to cover the cost of the required improve-
ments.
Action requested:
1. City Attorney
a. Approve the agreement as to form.
b. Forward all copies to City Manager.
2. City Manager
a. Approve agreement as to sufficiency.
b. Forward all copies to the City Clerk.
3. City Clerk
a. Present agreement to City Council for approval.
b. Have the Mayor execute the agreement.
c. Retain original of agreement for your files (C -2605)
and return all copies to the Public Works Department.
Benjamin B. Nolan
Public Works Director
RLH:jd
Att.
AGREEMENT FOR PUBLIC IMPROVEMENTS
AT 2816 AND 2818 NEWPORT BOULEVARD
THIS AGREEMENT, made and entered into this day of ,QN 4 12 ,
198%, by and between
hereinafter referred to as "DEVELOPER" and the CITY OF NEWPORT BEACH, a munici-
pal corporation, organized and existing under and by virtue of its Charter and
the Constitution and laws of the State of California, hereinafter referred to as
"CITY ";
WITNESSETH:
WHEREAS, DEVELOPER proposes to develop land within the CITY pursuant to
an off -site Parking Agreement; and,
WHEREAS, DEVELOPER proposes to construct street and other public im-
provements in connection with said off -site parking agreement;
NOW, THEREFORE, in consideration of their mutual promises, the parties
hereto agree as follows:
1. DEVELOPER agrees to complete all improvement work in accordance
with plans and specifications approved by the Public Works Director, required by
the Planning Commission as a condition of approving the off -site Parking Agreement.
The conditions imposed by the Planning Commission are incorporated herein by
reference and made a part hereof as though fully set forth. DEVELOPER agrees to
complete said improvements within a period of twenty -four (24) months from the
date hereof.
2. Said improvements shall be completed to the satisfaction of the
City Engineer of CITY, and DEVELOPER shall pay the costs of inspection of said
work in accordance with the established schedule of charges for inspection here-
tofore adopted and on file in the Director of Public Works' office.
3. If DEVELOPER shall fail to complete said improvements within the
period set out above, CITY may resort to any security deposited by DEVELOPER or
call upon the surety for DEVELOPER to pay for said improvements or to supply the
money for the completion of said improvements in accordance with this contract.
DEVELOPER shall also be responsible for said improvements and the cost thereof.
4. It is further understood and agreed that upon default of any obli-
gation hereunder, and at any time after any such default, the CITY may make
written demand upon the DEVELOPER or surety or both to immediately remedy the
1 of 3
default or complete the work. If said remedial activities or completion of work
are not commenced within seven (7) days after such demand is made and are not
thereafter diligently prosecuted to completion and fully completed within thirty
(30)days after the making of such demand (or such other time as may be contained
in said demand), the CITY may then complete or arrange for completion of all
remaining work or conduct such remedial activity as in the sole judgment of the
CITY may be required, all at the full expense and obligation of the DEVELOPER
and surety and all without the necessity of giving any further notice to the
DEVELOPER or surety before the CITY performs or arranges for performance of any
remaining work or improvements, and whether or not the DEVELOPER or surety have
constructed any of the required improvements at the time. In the event the CITY
elects to complete or arrange for completion of remaining work and improvements
the Public Works Director, upon such election, may require all work by the
DEVELOPER or surety to cease in order to permit adequate coordination by the
CITY for completing any remaining work and improvements not yet completed.
5. The DEVELOPER shall provide security in the amount of
Dollars
to guarantee the performance of this Agreement. In addition, the
DEVELOPER shall provide security in the amount of
rA.✓a Dollars
to guarantee payment to any contractors, subcontractors, and per-
sons furnishing labor, materials and equipment to them for the performance of
the work herein described. Said security shall be in the form of
6. The DEVELOPER promises and agrees to maintain all of the improve-
ments to be constructed under this Agreement in a state of good repair, until
all of the work and improvements are completed and accepted by or on behalf of
the CITY and until the security for the performance of this Agreement is
released. Said maintenance shall include, but shall not be limited to, repair
of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris
from sewers and storm drains; said maintenance shall also include, but not be
limited by this enumeration: sweeping, repairing and maintaining in good and
safe condition all streets and street improvements. It shall be the DEVELOPER's
responsibility to initiate this work, but if he should fail to do so, he shall
promptly perform such maintenance when notified to do so by the Public Works
2 o 3
•
Director or the CITY. Upon failure of the DEVELOPER to properly maintain, the
CITY may do all necessary work required by this paragraph, the cost thereof
being chargeable to the DEVELOPER and his surety under this Agreement.
7. DEVELOPER agrees to indemnify and hold harmless CITY and its offi-
cers, agents and employees from all demands, claims, losses or liability on
account of injury or damage to persons or property suffered or claimed to be
suffered in, on or around the development by any person as a result of any act
or omission by DEVELOPER or his agents or employees between the date DEVELOPER
begins work on the development and the date the improvements are completed and
accepted by CITY.
8. If the DEVELOPER and the surety fail to install all or any part of
the improvements required by this Agreement within the time set forth herein, or
fail to comply with any other obligation contained herein, they shall be jointly
and severally liable to the CITY for any administrative expenses and attorney's
fees incurred in obtaining compliance with Agreement and any such expenses and
fees incurred in processing any action for damages or for any other remedies
permitted by law.
IN WITNESS WHEREOF, DEVELOPER has executed this Agreement and the CITY
has caused its corporate name and seal to be affixed by its Mayor and City Clerk
thereunto duly authorized as of the day and year first above written.
APP OVED AS TO FORM:
ity Attornvey
APPROVED AS TO SUFFICIENCY:
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City Manager °
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DEVELOPER
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