Loading...
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. 1 b r-+ L ceCwleas ORO CF l P.1 VICINITY MAP P' N� V " I u w M D 9 1 v � t 29 P1 9P1 0 P• � e1� X^'C IyVO t r cZw�q� •uce. aRUaec I KALE OF FEET .x eoo l SP -6 SP -6 SP -6 Sp - 6 90 SP -6 c ° \a\ *n a RC \ P -C o ° b w \ \ —NIA WPORT \ \ •9 \ J sEE MAP Na 9 b DISTRICTING eT NEWPORT BEACH 3 P 6 `A \ \ .1 C2 \\ MULTIPLE RESIDENTIAL 9p -6 1j SINGLE FAMIV REFIDEMTIAL L S'� J sr {a v, \ S JP-6 GENERAL COMMERCIAL 3 or • 9p - 6 P M -I MANUFACTURING sp- C01tlMM3 013TRIQT3 U UNCLASSIFIED \\ r 5v -6 P r \ P- C c ° \a\ *n a RC \ P -C o ° b w \ \ —NIA WPORT \ \ •9 \ J sEE MAP Na 9 b D1 DISTRICTING MAP NEWPORT BEACH — CALIFORNIA `A AGRICULTURAL RESIDENTIAL N-C MULTIPLE RESIDENTIAL i SINGLE FAMIV REFIDEMTIAL L S'� J LIGHT COMMERCIAL DUPLEX RESIDENTIAL r 2, GENERAL COMMERCIAL 3 RESTID. MULTIPLE i%MRtV RIONDENTIAL M -I MANUFACTURING C01tlMM3 013TRIQT3 U UNCLASSIFIED D1 COMMISSIONERS 'yBG9Gy 9y M9 F � N oy t^'�9 < G<�C D9 OkzvloMMa , 0 DR&FT 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- I h COMMISSIONERS 0 C 9yc^,D 0 0 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 G ZZGZ'L�Z0�99Zf �`y�Z 1-'p 7' f�9ZpcC;yp� 0 • 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 ) COMMISSIONERS . • yGAt^ ;t^�G "0 n d9999.as• GyN9! " �y",p �y c�9a iyso 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 RLH:jd Att. P. ALLEY -.1-- --- (e T-77 o rya In NEWPORT BLVD. VICINITY AMP • • ZA/6 � Af/tv NEWPORT c,4 vo, • I O 30 -.1-- --- (e T-77 o rya In NEWPORT BLVD. VICINITY AMP • • ZA/6 � Af/tv NEWPORT c,4 vo, • I 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 RLH:jd Att . J • • • U O o_ ALLEY Z5 a a i i 2v, c a c .lQ I F NEWPORT 51 N m CD W O Z c� 6 a N � 6 if O� Z G) � 5 r r II i a c .lQ I F NEWPORT 51 N m CD W O Z c� 6 a N � 6 m O� Z G) � 5 a c .lQ I F NEWPORT 51 N m CD W O Z c� 6 a 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: r. City Manager ° 3 o 3 By wo DEVELOPER C CITY NATIONAL BANK A .. 165 72 r a W u W THIS CERTIFIES THAT ..- .' AL ° * ** _� O 1°- * ** y- -�1J86 L(J U {� €tj�} 5 2_ DEPOSITOR +•; E AS DEPOSITED c _ 7 PRINCIPAL PAYABLE T0.,1'j_ty of N �• u�t ? o j i` T " . (0 TIFICATE, PROPERLY ENDORSED, FOR OR ENTA OL 55 ., _ AT THE OFFICE OF ISSUE, iH15 CERTIFICATE ICgTE WILL MATURE i RV d 1 00 — { V) AND WILL AUTOMATICALLY ORDER UPON PRESENT .OWNER PRESENTS IT RENEW FpR SIMILAR P ATIAT AND URRENDER F N. I. FOR REDEMPTION. ER LOOS UNLESS WITHIN TEN O THIS CER- TNIS DEPOSIT BEAR (!0) DAYS. q - FROM DATE _ yr MED BEFORE MA S INTEREST AT Try TURITY, E RATE OF - MATURITY DATE THE ALL INTEREST IS PAYABLE INTEREST P �^'�• ^`K PER ANNUM IF LEFT ON WRITTEN NOTICE TO YABLE TO TH ENALTY WILL Be ASSESSED WHI H 1 DEPOSIT UNTIL MATURITY W E DEPOSITOR, SUBJECT TO THE e g IS AC • IF REDEE THE DEPOSITOR, ANK'S RIGHT €WITH qpP TO CHANGE THE I ,57 RATE UPON . INTER LAW EST } Lu U -.. .." .: .� ,� HAS DEPOSITED Y PRINCIPAL p "Y AT `,'� ('� 7 ABLE TO i+''S Y£ <'ei Q 0 TI FICATE, PROPERLY EN– DOR.S�.�D, qqT TryE FFICE THIS CERTIFICATE WILL MATURE I -E` eg.@.}}OR ORgER UPON PRESENTATIOA DRREER� -Q'Q.Q cam__. AND WILL AUTOMATICALLY RENEW FOR SIMILAR PERT t LL LL 10 OWNER PRESENTS IT FO I THIS DEPOSIT gEgRS R REDEMPTION, 005 VNlE55 WITHIN TEN (30) DgYS AFTER r FROM DgTE � O INTEREST qT THE RgTE OF � �� A MATURITY DATE THE F.. ; MED @EFORE MgTURiTAeLEN I EST P "—` %PER ANNUM IF DEPO (Z WRITTEN AlL INTEREST IS Pqy LATER ENALTY WIL LEFT ON SIT UNTIL {yJ NOTICE TO THE pE TO THE DEPOSITp R, ASSESSED WHICH IS IN qCC MATURITY, IF REDEW U PpSITOR. SUB.IECT TO THE BANK'S RIGHT Tn r ORDANCE WITH APPL7CABrF I