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HomeMy WebLinkAbout9692 - Fire Separationq RESOLUTION NO. 9692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COVENANT AND AGREEMENT TO CREATE THE REQUIRED FIRE SEPARATION BETWEEN THE PROPOSED STRUCTURE AT 119 AGATE AVENUE AND A CITY STRUCTURE, BUT IN THE EVENT THE CITY CANNOT ACCOMMODATE THE REQUEST, THE APPLICANT SHALL PROVIDE THE REQUIRED FIRE SEPARATION WHEREAS, Use Permit 1921 has been considered by the City Council to allow the construction of a commercial /residential structure adjoining the City's Park Site on property located at 119 Agate Avenue, on the north - westerly side of Agate Avenue between Park Avenue and the south bay front on Balboa Island; and WHEREAS, the building code of the City of Newport Beach requires fire separation between the proposed commercial /residential structure on the property located at 119 Agate Avenue and potential structures to be built on City Park Site located adjacent thereto and within ten (10) feet of the proposed commercial /residential structure; and WHEREAS, the City Council does not comtemplate at this time that City structures will be built within ten (10) feet of the structure proposed to be located at 119 Agate Avenue; and WHEREAS, the City council is willing to enter into a covenant and agreement with the owner of the property located at 119 Agate Avenue whereby the City agrees to provide the adequate fire separation between any proposed structure on its Park Site and the building to be constructed at 119 Agate Avenue provided that should the City determine at any time in the future to construct a structure on its park property closer than the required fire separation from the commercial /residential structure at 119 Agate Avenue, that the owner of the structure at 119 Agate Avenue will make such physical modifications to said building as will • 40 fully comply with the building and fire regulations of the City of Newport Beach then in effect; and WHEREAS, the City Council has considered the terms and conditions of the proposed covenant and agreement in regards to the above matters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk are hereby authorized to execute a covenant and agreement to create the required fire separation between the proposed commercial /residential structure at 119 Agate Avenue and any City structures to be located in the City Park Site located adjacent thereto based upon the terms and conditions hereinbefore set forth. BE IT FURTHER RESOLVED that the City Clerk is hereby directed and authorized to cause the covenant and agreement to be recorded in the official records of Orange County, California. ADOPTED this 10th day of December ATTEST: -A, ", CITY CLERK OATB, SEC ] 4 1979 -2- P �/t d MAYOR , 1979. HRC /ap 12/10/79 - ;- wRYIPIED AS T O°fGINAL _ ... .......-•--- - - ----- - ...... _.. GffY CLERK Of THE CITY OF h: J,'F i _'; " ACH OATB, SEC ] 4 1979 -2- P �/t d MAYOR , 1979. HRC /ap 12/10/79