HomeMy WebLinkAbout09 - Appeal for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) - Memo - PC Additional CorrespondenceMemorandum
April 14, 2020
Agenda Item No. 9
CITY OF NEWPORT BE.
COMMUNITY DEVELOPMENT DEPARTMEN',
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
To: City Council
From: Gregg Ramirez, Principal Planner
Date: April 10, 2020
Re: Agenda Item No. 9 — 215 Riverside Avenue (PA2019-023)
Attached are additional documents received regarding this matter after the
publication of the October 17, 2019 Planning Commission including additional
correspondence and presentations made at that hearing.
Planning Commission - October 17, 2019
Item No. 2a Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
From:
David Fults
To:
Plannino Commissioners
Subject:
Riverside rooftop restaurants
Date:
Thursday, October 10, 2019 6:09:30 PM
I fully support the two new restaurant projects on Riverside with rooftop decks. I think it will be great addition to the
neighborhood.
David Fults
519 Fullerton Avenue
Planning Commission - October 17, 2019
Item No. 2b Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
October 14, 2019
Dear Planning Commission Members and City Council:
First of all I agree with all of the findings and requests in the letter of Berding &
Weil Attorneys at Law which was sent to the Newport Beach Planning
Commission on October 8 regarding The Garden Office and Parking Structure
Proposed Project on Riverside Drive.
Of most importance is that the Applicant has separated the proposed project at
215 Riverside from its proposed restaurant project across the street at 2902 West
Coast Highway, the two are integrally related and must be considered as one
project.
Second, there is a lot of false information being propagated by the person of
(Kaitlin Crowley) working for a company by the name of Mobilitie. She and
possibly others have been canvassing the neighborhood with false propaganda
about the project at 215 Riverside and getting unknowledgeable neighbors to
sign letters of approval. My daughter-in-law as well as my neighbors were some
of those posted online.
My daughter-in-law wishes to rescind her signature. She was misinformed.
Our neighbors were not informed that the restaurant had the capacity of at least
200 and only 40 parking spots being provided in the separate structure at 215
Riverside which will not have a roof on it and all of those tires screeching, car
alarms, blasting stereos and drunks hollering will come right up to us, along with
those parking in our neighborhood because they do not want to pay or wait for
valet parking. I can only imagine all of the regurgitating and urinating in our parks
with the steps leading up into our neighborhood, along with vandalism that
occurs when bars are open until 1 AM.
Then the parking structure clean up starts with loud garage sweepers coming in
the middle of the night. Skate boarders and homeless as well graffiti artists!
We were very disturbed when the parking structure at the John Dominis Building
all the way across PGH next to Billy's was built and kept us awake all night. Now
the proposed parking structure will be under our homes, next to our parks and
wetlands, in our neighborhood and under our noses. It is not a healthy choice
and we respectfully request that you deny this parking structure and all future
plans for parking structures along Mariners Mile, as well as roof top bars! We are
raising our families up here and would like to keep some peace in our
neighborhood.
Thank you for your wisdom in this matter,
With gratitude -Val & Tom Carson & Family
Pianning Commission - October 17, 2019
Item No. 2c Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
CENTERSTONE
C O M M U N I T I E S
WEST
October 15, 2019
Mr. Aaron C. Harp
City Attorney, City of Newport Beach
Civic Center
100 Civic Center Drive, Bay 2E
Newport Beach, CA 92660
Re: Easement Document
Made: August 31, 1990
Recorded: November 6, 1990
County of Orange, CA
2I5 Riverside Drive office remodel and proposed parking structure
Dear Mr. Harp,
My name is Hal Woods. I am the owner of a single family home directly behind the proposed
project at 215 Riverside Drive in Newport Beach.
This letter is to inform you of some very important information that has critical bearing on this
proposed project. This information will allow the appointed and elected decision makers and
staff of this great city to make an informed and proper decision on these very controversial
projects. These projects have the potential to negatively impact the family lifestyle of our
Newport Heights neighborhood as well as our property values for years to come.
Enclosed are four recorded Grants of Easement Agreement executed by the property owner at
215 Riverside Drive in August of 1990. The Grants of Easement Agreement were each
formalized and recorded in order to protect the homes surrounding 215 Riverside Drive. I am
the Grantee of one of the Grants of Easement Agreement. These recorded documents have
great bearing not only on the allowable design, but its ultimate approval or denial by the trusted
decision makers, since they limit the permissible development of 215 Riverside Drive. The
proposed project at 215 Riverside Drive is inconsistent with the limitations set forth in the
Grants of Easement Agreement.
Please take the time to study the impacts of the law of this document and help safeguard the
adjacent community, as well as the very closely connected residential homes that are directly
affected. Please pay special attention to the carefully -drafted provisions of this document with
respect to access and viewshed.
3500-B W. lake Center Drive, Santa Ana, California 92704 • (714) 437-0800 ■ Fax: (714) 437-0830
Planning Commission - October 17, 2019
Item No. 2c Additional Materials Received
The Garden Office and Parking structure (PA2019-023)
When allowed to study the staff report and supporting documents last Friday afternoon, it
appears there were discrepancies and missed communications fi•om what we were told in the
initial community meeting regarding this proposed project and its design. It would be
unfortunate for the City and Planning Commission to spend even more time and resources
considering a project that cannot be built due to the applicant's failure to disclose and comply
with the Grants of Easement Agreement.
Thank you again for taking the tune and effort to make an informed decision with all the
information disclosed, including this legally -recorded public document.
As, Jr., A.I.A.
)f Newport Beach
2919 Cliff Drive, Newport Beach, CA 92663
Cell Number: 714-200-4915
Attachment: Grants of Easement Agreement
CC: Seimone Jurjis, Community Development Director
.lames Campbell, Deputy Community Development Director
Makana Nova, Associate Planner
Peter Koetting, Chair, City of Newport Planning Commission
3500-B W. Lake Center Drive V Santa Ana, California 92704 r (714) 437-0800 ♦ Fax {714J 437-0830
October 17, 2019
!aterials Received
ire (PA2019-023)
RECORDING R; Q(fESTEA BY
SOUTH WASE [IILECOMPANY
RECORDING REQUESTED BY OF ORANGE IN
CA1. 1;0005
Q OF ORANGE �f?IJNTV. GAL!+'OfaklA
AND WHEN RECORDED MAIL T0:
a..aa
Af,1.EN, MATKINS, LECK, GAMBLE 8, P11. NOV 61990
MALLORY
18900 Vpn Karman, Fourth Floor $23.00
imine, California 927!5 C1Q-° C REC0RUf3't
ATTN: Gary S. McKitteriCk, Esq.
tA6ove Space For Recorder's Use Only)
This document Iliad for retarding by
SOU14 Boas: TAC C_n+car,/
as an ;,c_ 7: ci011a' .. ^niy. 'i has not
S
GRANTEA E ix
RZMMT T teen o.am.o as o At erc[4-on or
AS to its Ellett an the title.
This GRANT OF EASEMENT AGREEMENT ("Agreement") is made
as of this 31 day of Au ust , 1990, by and between
NELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual
v and MARILYN J. SALENE, an individual (collectively, "Grantor"),
and RONALD JACKSON, an individual ("Grantee").
A. Grantor owns that certain real property described
in Exl>1_t2it "A., attached hereto and by this reference incorporated
herein (the "Servient Tenement").
B. Grantee owns that certain real property which is
situated adjacent to the Servient Tenement, which is more
particularly described in S" attached hereto and by this
reference incorporated herein (the "Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "Parcel" and collectively as the 'Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepay -d to convey to Grantee, certain easements for
access, ingress and egress, landscaping and view over and across
the Servient Tenement for the benefit of the Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions hereinafter set
forth, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
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EasemQllte.,vr Access. Ins b.>�s.--fwssg;;s_ans�yieW.
(a) Grants o1.-E—awament• Grantor hereby grants to
Grantee perpetual, exclusive easements and rights-of-way, and
incidents thereto, for the benefit of and appurtenant to the
Dominant. Tenement over such portions of the Servient Tenement
and for such purposes as are more particularly set forth
below. The easements granted hereinbelow shall be referred
to cnllectivwly as the "Easements".
(i) r'�CCES�_&a_e[eAt. An easement ("Access
Easement") for the purposes of pedestrian access,
ingress and egress over, under and across that portion
of the Servient Tenement as is more particularly
described in Exhibit_" and depicted on -
attached hereto ("Easement Area").
(ii) Landsl<aoe and Improvement Easement. An
easement over, under and across the Easement Area
("Landscape and Improvement Easement") for the purposes
of installation, maintenance, replacement, alteration
and restoration of landscaping and improvements,
structures and/or appurtenances within the Easement
Area, including, but not limited to, benches, fountains,
sprinklers, pipes, trellises, fences, stairs, a
satellite dish, or a gazebo or similar structures
(collectively, "Improvement;"),
(iii) View Esaement. An easement ("View
Easement") for the purposes of light, air and view into,
through, over and above the Air Space, as defined in
Paragraph 3 hereof.
2. Maintvw nce• All costs and expenses associated
with the maintenance, restoration, repair, cleaning or
landscaping of the Easement Area and the Improvements, as
applicable, shall be borne by Grantee.
3. Covenant Regarding Airspace. Grantor hereby
represents, warrants and c^venants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
on the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction"), to a height in excess
of *fortv.eighty-nine :t-( 4Q_S9 _ ) feet ("Height Limit"), as
measured from the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
referred to herein as the "Air Space." Any Obstruction existing
or located on the property in violation of the terms and
*not to exceed existing roof
of approximately 40.89' above _2_
mean sea level.
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conditions of this Paragraph 3 shall he an unauthorized
interference with Grantee's view Easement and stall be removed
immediately by Grantor on demand at Grantor's sole cost and
expense. The failu.c of C-'ntee to require the removal of an
obstruction shall in no way = 3iemed a waiver of Grantee's right
to require such removal.
4. RI} Yj.thtti@�apd- The obligations, rights and
restrictions set Earth in this Agreement with respect to each
Parcel and the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be binding upon the parties hereto and their successors and
assigns. Every individual or entity who now or hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thereof is and shall h,•-onclusively deemed to have
consented -ld agreed to every obligation or restriction provided
for herein. whether or not any reference to !.lis instrument is
contained in the instrument by which such individual or entity
acquired an interest in the Parcel.
5. bedic;tion. The provisions of this Agreement shall
not be deemed to constitute a dedication for public ust nor
create any rights in the general public.
6_ Attorneys' Fees. in the event either party hereto,
or their successors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or Ear an alleged breach or
default of, or any other action arising out of, this Agreement or
the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, in addition to any other damages or relief awarded.
7_ GPn r 1 Pr v'
(a) Any provisions cf this Agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
(d) This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
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(e) This Agreement supersedes any prior
agreements, 1,Rgotiations and communications, oral or written,
and contains tre entire agreement between the parties hereto
with respect to the subject matter hereof. This Agreement
Tay not be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official Records of Orange County,
California.
to be recordedeParties hereto shall cause lAgreement
intheO,fficialRecordsOfOrangeCounty
California.
(g) The parties hereto agree that if there are any
mortgages or deeds of trust which presently encumber the
Servient Tenement. Grantor will cause the holder of such
mortgage(s) or deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
Of lKftii "D" attached hereto.
(h) All exhibits attached to this Agreement are
hereby incorporated by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed upon the date and year first above
written.
`Grantor"
"Grantee"
R1/942/2RaR/M9280-002/aB-0b-40/mfq
NELLY�VCA�L��
,�ONNE VAN CALCAR
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STATE OF CALIFORNIA )
ss_
COUNTY OF )
on S r , 1990, before me, the
undersigned, a otary Public in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
_ wrmwvScp hand and official seal.
zcsl 'e1 lap �:�„ 'u��nw tw
ALMIIW i9R00�J ~J
I Y,Nd011irJ •
3'ia(1j
v,zis I IDIa9 Notary Public in and el
said State
STATE OF CALIFORNIA )
} 3s.
COUNTY OF }
I
On �;j 1990, before me, the
undersigned, a otary Public in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
OFP•1CIAL SEAL gyp{
BERNARD F SKZ I
4 ro, nDTARY FURIC - C-LIFDRNIA I,
oranse IMUNTY Notary Public in and qr said State
117 comm. 9Rpir03 00 1& !i
STATE OF CALIFORNIA
ss.
COUNTY OF )
On 1990, before me, the
undersigned, a Votary Public in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to t,e the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
;�f:r•�� Lea - Notary Public in and said State
On
R11942IZREIR/W9200-002107-18-40/mfg
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On „ c1 _ 1990, before me, the
undersigned, a Notafy Pi7hlic 7,n do d for said State, personally
appeared RONALD JACKSON, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrumenL, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal_
Notary Public in and for said State
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rVi '. •,aL
ULLI
My
GFw�6E tou::rr
Gomm. W. June 7, 1901
October 17, 2019
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I a It . d
(To be Supplied)
EXHIBIT A
THAT PORTION OF LOT D TRACT NO_ 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEE'' TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" WEST 62.63 FEET; THENCE
SOUTH 15� 00' I!" FAST 79.68 FEET TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE EASTERLY ALONG THE CURVED SOUTHERLY LINE OF SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN BOOK 5905 PAGE
269. ^F OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOu'_i 64" 37' 18" EAST 44.44 FEET, EASTERLY 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 FEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNINn.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
FgCHIBIT "A"
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LKuAL DESCRIPTION Qk _'TiXNc ; T: i=moi
[To be Supplied]
PARCEL 1: That portion of Lot "0' of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29. Pages 31 to 34, of Miscellaneous Maps, In the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing described line:
Beginning at a point on the Southwesterly line of said Lot D. South 15" 00' 17'
East 127.?2 feet from the Northwesterly corner of said Lot; thence Nor;' a— OU'
00" East 62.63 feet; thence North 651 18' 30" East 55 feet; thence North 50"
18' 30" East 84.56 feet to a point in the Northeasterly line of said Lot.
PARCEL 2: Lot D of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
ing described line:
Peginnino at a point on the Southeasterly line of said Lot Docember, South 15"
DO' 17" East, 127.72 feet from the Northwesterly corner of said Lot; thence
North 890 00' 00" East 62.63 feet, thence North 650 18' 30" East 55 feet;
thence North 50° 18' 30" East 84.56 feet to a point in the Northeasterly line
of said Lot, (said point being distant South 29° 33' 20" East 173.44 feet from
the most northerly corner of said Lot D.)
ALSO EXCEPT THEREFROM that portion of said Lot D described as follows:
Beginning at a point on the Southwesterly line of said Lot 'D' South I:;°
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
15' 00' 17" East along the Southwesterly line of said Lot, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bears
North 301 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot "D" through a central angle of 41 09'
25" a distance of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
34' 45'00' West; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 840 06' 00" a distance of 141.80 feet; thence leaving
the boundary line of said Lot "D", North 31" 23' 00" West 117.85 feet; thence
South 650 18' 30" Nest 55.00 feet; thence South 89° 00' 00' Nest 62.63 feet to
the point of beginning.
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x orr S141
xDOLLF. 30 EXHIBIT
1'
-ASERENI �,tc^ter,. rrry
C
TMSF PORTIOT.S CF L0.' 'D' OF IRAtr NO 9JP, M INE Clrr W NEWORr SE4CH,
C"frl OF 6R4N6E. SLATE CF C+LfFORAVA. 4S 5N0MN C'/ A NAP RCCJRDEC I1000A 33.
ASFS 3J TWWON f4 INCLUSIVE OF NI5C&ZAAE0J! NAPS NECQHVS 01 ORAMuk e0' tti
1A4+ MORE P Rr1CULARZY DESCR rlWP AS F044 CMS -
EASEMENT FOR PARCEL I OF PARCEL MAP N0- d0-JJ1 -
BEGAWIN6 AI W SWRAMFST CORAER DF PARC£1 I OF PARCEL MP IM BB -JIT, IN TFE
C1rr OF 0001047 BEACH, C&Nrr OF DRAW, SJA FE OF tAllFS'BMfA. AS SAVW ON A
AWP RECaWD I+= BOOM 237, PAGES 35 AAV 36 OF PARCEL HAPS, RECWS OF SAID
ORANGE eUMIr. TACNCE $BUrH 15'O0'jT' EASr' A;ONC INE ML'STERL r LINE OF SAID
Lot U', A OISTuk'E OF 25. OD rmr, THENCE MORIN I4^59'4J' FAST, At A16NF A'JSLFS
TO SAID MF5TENLr LIME. A DISrANi'E OF A -M7 FEEL; THENCE NORTH JS W'T?' .FST,
PARA{LFL MIM SAID ME5rFRlr 4JAF, A V;4;IANC( OF 40.00 FEET, RJEWE NORTH
96.24'52' £ASI, A 01STANCE !1F S6- 95 FEFT rO AN 1NIERSECTI00 [RTW T!8 EOVIN-
SASIERL r ARM WAFAW OF rW CCMMON M aPERfY LINE OF PARCELS I AMO 2 OF SAID
PAPCEL NAP No
M-l":
rrCNCE MORW 20-121' LEST, ACONG SAID PW4&XATf0N,
A DISTANCE OF Tj-43' IO TNF SOUfieP4 r LYVOMN CORNER OF SAM PARCELS I AND 2 OF
EAID PARCEL MM, FJEIKF 50UM B9-00'00' NEST, ALONS TNF SOLLTHCR[T LIME OF SAID
PARIEL 1, A PISrANCF OF 92-53' TERMIAq!4AW AT Uw POINT OF amwv111G.
£ASEM£Nr FOR PARCEL ' OF PARCEL MAP N@. BB-ljI --
9EOINNIN% AT TIE SOVTHM£Sr CORNER OF PARCEL 2 OF PARCEL NAP ND- BB -111. IN rAe
Cfrf OF A M DRf BEAeh. CA'4RTY OF a9M'C.F, STA IF OF CALIFORNIA, A$ $NO[W ON A
NAP MOVED IN BM 237, PAGES 35 AW >6 Of PARCEL AMPS, RECORDS OF SAID
ORAIF6E COM'JTY. fMWE SOUTH 40.18'11' MEST, ALMS IME SgUrW4LT PROLMUrlOFM
RP TNF CaWON PROPERTY LINE OF PARCELS I ANO 2 OF S41D FARM RAP NO, dB-tff.
A DISFANCB OF 11.73'; rMEMCE M69rH 4d•2B'52" EAST, A PISTANCF OF 43.03 FEET:
THENCE NORTH 5.44'jd' EAST, A DISTANCE M 3J. 02 PEST TD rW SOUTMCASIERLV COPo'ER
OF SAfD PARCEL 2 CLF SAID PARCEL RAP M. BB -111; rHEN[E sUrN 65'IB X30' JE5T,
ALON6 IfE SWWR" UW OF SAID PARCEL 2. A 12I5T44CE OF 55.90 FEET. IFRNIM4TIRG
AT rur PD1Nr ar pumwrw.
5ASEr'EHT COP V4RCF- 4 OF PARCEL MAP NYJ AW -1
dFOIA94IN0 AT rw SLMAREASr camc;^ -- —• z 2 OF PARCFL NAP No 4B-111 TM TNE-
C1fr OF ArWVAr B£ACN, COLNFY OF aRANCE, STATE OF CALIFM A, AS SHOMR C: A
IMP RFCORO£D M Holt 231, PAGES 35 NO 36; WF PARCEL RMS, MCM05 OP SAID
OPANSE COLARTY: THENCE SOURM 31.23'22' EAST. A16WG ME SOUTN4E57ERLY LINE DF
PARCEL 4 6F SAID PMCFL MAP NO. BB-JJT, A DISTANCE OF 1IF. 41 FFEr TO RE SOYrN
CORAER OF SAW PARCEL 4; THEMCE NORTH 42.45'14' MEST, A DISTANCE OF 95. Do eV F,
lHENLF Il M/TM 5.44'16- EAST, A OISMAVE DF 31.02 FEET T MAVATfNG AT NE P;,'I.YT OF
0 LA
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CALIO
GEPICTIONkEL Z ENT AREA
[To be Supplied]
C-1
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL T0!
ALLEN, MATKINS, LECK, GAMBLE &
MALLORY
18400 Von Karman, Fourth Floor $19.00Irvine, California 92715
ATTN: Gary S. McKitterick, Esq. C1
RECORtAM REQIIESTED RY
SOUTH COAST TITLE COMPANY
RECORDED IN OFA 1C!AL RECORDS
OF ORANGE COUNW. CALIFOnNIA
2.30
P.M. NOV g 1990
RECORDER
(Above Space for Recorder's Use Only)
This eo"d ort bled :u rccord.ng by
South coast r,t'e C", any
GY ba" 7T -OF EASEMENT AGREEMENT as an accammota, a" art!)'. 11 has hat
an exam.hed as la its execution w
AS to its enact on the iju .
p� This GRANT OF EASEMENT AGREEMENT ("Tyrer^ ^t") is made
v as of this 31 day of _ AucLust 1990, by and between
NELLY VAN CALCAR, an individual, YVONNE VAN CALr'A11, an individual
and MA.RILYN J. SALENE, an individual (collecti'-aiy, "Grantor"),
and TIMOTHY DAVEY, an individual i"rantee").
R E C 3 I A L E:
A. C-antor owns that certain real property described
in F_KL. fit "^ :,.cached hereto and by this reference incorporate -
herein, tithe "Servient Tenement").
B. Grantee owns that certain real property which is
situated adjacent t^ the Servient Tenement, which is more
particularly described in Exhibit "H" attached hereto and by this
reference incorporated herein (the "Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "Parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepared to convey to Grantee, an easement for view
over and across the Servient Tenement for the beneEit of the
Dominant Tenement.
NOW, THEREFORE, in consideration of the foreqoing
recitals and the mutual covenants and conditions ..•_Lci::after set
forth, and for other good and valuable consideration, the receipt
and sur'' - which _ ht!jeby acknowledged, the parties
hereby agree as follows:
R1/9a1/ZR9R/N92a0-002/07-TS-90/ef9
1. Grant_ 9( _View_F_,a.,9erment. Grantor hereby grants '
Grantee a perpetual, exclusive easement and incidents thereto
for the benefit of and appurtenant to the Dominant Tenement for
the tarposes of light, air and •iew ('View F.asen:pnt") into,
through, over and abo•c the Air Space, as defined in Paragraph 2
hereof.
2. Ggy_enant Revardina Airspace. Grantor hereby
represents, warrants and covenants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tene-Gnt; or (b) reconstruct the improvements currently existing
on the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction-), to a height in excess
of*{�,,ejigLiIWnn feet( 40_s9 ) feet ("Height Limit"), as
measured from the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
referred to herein as the "Air Space." Any Obstruction existing
or located on the F.-)perty in violation of the terms and
conditions of this paragraph 2 shall be an unauthorized
interference with Grantee's View Easement and shall be removed
immediately by Grantor on demand at Grantor's sole cost and
expense. The failure of Grantee to require the removal of an
Obstruction shall in no way be deemed a waiver of Grantee's right
to require such removal.
3. Run With the Lar . The obligations, rights and
r—t- -rions sec rorth in that. Agreement with respect to i -..c••
c.:_ . and the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be bl.,ding upon the parties hereto and their successors and
assigns. Every individual or entity who new r hereafter owns or
acquires any right, title or interest in or to any Parcel o:
portion thereof is and shall ,10 conclusively deemed to have
consented and agreed to every obligation or re, .—lividcd
for herein, whether or not any referen- - to tI ? . r- rnen, is
contained in the instrument by which _uch individual or entity
acquired an interest in the Parcel.
4. ie�1,L.7w.i2>1. The provisions of this Agreement shall
not be deemed to constitute a dedication for public use nor
create any rights in the general public.
5. Attorneys' Fees. In the event either party hereto,
or their successors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
deFault of, or any other action arising out of: this Agreement o.
*not to exceed existing roof
of approximately 40.89' above
mean sea level.
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the transactions contempiated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, ill addition to any other damages or relief awarded.
6 - ireIl.S�.�S��1F3Si1S -
(a) Any provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any othe, provisicn hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
(d) This Agreement nal he executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
(e) -his Agreement supersedes any prior
agreements, negotiations and communications, oral or written,
and contains the entire agreement between the parties hereto
eith r"spect to the subject matter hereof. This Agreement
may not be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executid by
the owners of the real property affected by this Agreement,
and recorded in the Official Records of orange County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(g) The parties hereto agree that if there are any
mortgage- or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) of deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
of Exhibit "C" attached hereto.
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(h) All-,chibits attached to this Agreement are
hereby incorporated jy this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed upon the date and year first above
written.
"Grantor"--
*NELLYN CALCAR
ONtlB VAN CALCAR
MAR LYN .
"Grantee"
TIMOTHY AVEY �
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R1f347/2RBR/Wg200-002/0T-19-90/mfg
STATE OF CALIFORNIA )
ss.
COUNTY OF
On^ 1990, before me, the
undersigned, a otary ?ublic in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WI NE y hand and official seal.
UFFICIAL SEAL
a
BERNARD ELZ
I
'F• n97AfY fNF F CALIFORMA
DRAM -JUNTY Notary Rubl:c in and f said State
My wmm. explrn WT 19. 1971 i
STATE OF CALIFORNIA )
ss.
COUNTY OF c )
on a a 1990, before me, the
undersigned, a Nbtary Public in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and fo aid State
STATE OF CALIFORNIA )
} ss.
COUNTY OF )
On 1990, before me, the
undersigned, a ifotaEy Public in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same -
WITNESS my hand and
OFFICIAL SEAL
BERNARD F SELZ ,
NOYr.FY Pi15LIC - CALIaZRMA -
3„. QRPNGF CCUHIY
My cmr„�, e�pprs 0.S 1$ P.M
$11/941/MR/W9Z00-002/07-19-90/mfg
official seal.
Notary Public in and f said State
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STATE OF CALIFORNIA )
COUNTY OF
On 1990, before me, the
undersigned, a N tG ary P biic in and fox saij State, personally
appeared TIMOTHY DAVEY, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the parson whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same. _
WITNESS my hand and official seal. *? rNu•ya;,.:,.4.W,.,
wu:,u CPJrtr:
/ &4� Comm. up .Noe 7. 10W
Notary Public in and for said State
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LEGAL UER ' PTION OE SERV _���1PI+LEC7�
[To be Supplied)
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWE5P CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" Wr.qT a7 az mcpm. TH-114.,.
SOUTH 150 00' 17" EAST 79.68 FEET TO THE SOUTHWEST ~CORNER SOF
SAID LOT; THENCE EASTERLY ALONG THE CURVED SOUTHERLY LINE Of SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN BOOK 5905 PAGE
269, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOUTH 640 37' 18" EAST 44.44 FEET, EASTERLY 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 I'uET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
A PORTInN nF cn
OF ln r_LWn IS SHOWN ON A MAP FILED IN BOOK 2- PAGE 6
OF RECORDSURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
R11941IMBR/W9280-092/07-18-90/mfg
[. a.A& U..SCRJ PT ON 0L D4M1HMT__TENELIENT
]'1'-; 1^ Supplied]
PARCEL 1: That portion of Lot "D' of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Flaps, in the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing described line:
Beginning at a point on the Southwesterly line of said Lot D, South 150 00' 17"
East 127.72 feet from the Northwesterly corner of said Lot; thence North 891 00'
00" East 62.53 feet; thence North 651 18' 30" East 55 feet; thence North 50'
18' 30" East 84.56 feet to a point in the Northeasterly line of said Lot.
PARCEL 2: Lot 0 of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
ing described line:
Beginning at a point on the Southeasterly line of said Lot December, South 15°
00' 17" East, 127.72 feet from the Northwesterly corner of said Lot: thence
North 891 00' 00" East 62.63 feet, thence North 65° 18' 30' East 55 feet;
thenep Wirth 50° 18' 30" East 84.56 feet to a point in the Northeasterly line
of said Lot, (said point being distant South 29" 33' 20" East 173.44 feet from
the most northerly corner of said Lot D.)
ALSO EXCEPT THEREFROM that portion of said Lot D described as follows;
Beginning at a point on the Southwesterly line of said Lot "D" South 151 00' 17"
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
151 00' 17" East along the Southwesterly line of said Lot, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bears
North 30" 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot "D" through a central angle of 4" 09'
25" a distance of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
34" 45'00" west; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 84° 06' 00" a distance of 141.80 feet; thence leaving
the boundary line of said Lot 101, North 311 23' 00" west 117.85 feet; thence
South 65" 18' 30" west 55.00 feet; thence South 89' 00' 00" west 62.63 feet to
the point of beginning.
EXHIBIT "_8"
R1/94112RSVW9280-002/07-1,. aJ'Mfq
October 17, 2019
aterials Received
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RECOWNG REQUESTED BY
SOUTH COAST II f LE COMPANY
RECORDED IN OFFICIAL RECORDS
REGORDIN6 REQUESTED BY OF ORANGE COUNTY. CALIFORNIA
AND WHEN RECORDED MAIL TO: 2,30
P.M. Nov 51990
ALLEN, MATKINS, LECK, GAMHLF b
MALLORY
18490 Von Karman, Fourth Floor
Irvine, California 92715 E$23. 4 Q'` +e«rl�NECORUER
ATTN: Gary S. McKitterick, Esq.
(above Space far Retnrder's Use Only)
rlNs COru[nem filed lar retarding by
�OIIl1: C[•:.' 1 t,: � sam�any
= ::n .Ictormm�.• nn only. it he•, not
G12�P Ni_. Q_AShii� AGREEMENT 1..; ,:I� „ ;u its eKecu6on or
" iO It'+ Or:L :1 ort the title.
This GRANT OF EASEMENT AGREEMENT ("Agreement") is made
as of this 31 day of August , 1990, by and between
` NELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual
IVn' and MARILYN J. SALENE, an individual (collectively, "Grantor"),
and HAROLD G. WOODS, JR., an individual, and SHARON KELLY WOODS,
_( an individual, husband and wife (collectively, "Grantee").
�J RP.CIIAb$:
2N
A. Grantor owns that certain real property described
in Exhibit "A" attached hereto and by this reference incorporated
herein (the "Servient Tenement").
S. Grantee owns that certain real property which is
situated adjacent to the Servient Tenement, which is more
particularly described in Exhibit "B" attached hereto and by this
reference incorporated herein (the "Dominant Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "Parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is preparPrl hn r_.nnvey to Grantee, certain easements for
access, ingress and egress, landscaping and view over and across
the Servient Tenement for the benefit of the Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions hereinafter set
forth, and for other good and vpluable consideration, the riw-ipt
and sufficiency of whicf. are hereby acknowledged, the parties
hereby agree as follows:
R7/899/2RBR/w9280-042/07-18-90/mfg
October 17, 2019
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E FRe[Lt�f93...A_C�e5�1 _LSIg«a-s--E9l.ess-an —Yi-e_w-
(a) Grants Grantor hereby grants to
Grantee perpetual, exclusive easements and rights-of-way, and
incidents thereto, for the benefit of and appurtenant to the
Dominant Tenement over such portions of the Servient Tenement
and for such purposes as are more particularly set forth
below. The easements granted hereinbelow shall be referred
to collectively as the "Easements".
(i) Lmtaa Easement. An easement ("Access
Easement") for the purposes of pedestrian access,
ingress and egress over, under and across that portion
of the Servient Tenement as is more particularly
described in Exhibit "C" and depicted on gxhibit "Q-1"
attached hereto ("Easement Area").
(ii) U.S dzcja_pi and 1mB;Qvement Easement. An
easement over, under and across the Easement Area
("Landscape and Improvement Easement") for the purposes
of installation, maintenance, replacement, alteration
and restoration of landscaping and improvements,
structures and/or appurtenances within the Easement
Area, including, but not limited to, benches, fountains,
sprinklers, pipes, trellises, fences, stairs, a
s rellite dish, or a gazebo or similar structures
(collectively, "Improvements").
(iii) Vipw Easement. An easem-.=.- 4'View
Easement") for the purposes of light, air and view into,
through, over and above the Air Space, as defined in
Paragraph 3 hereof.
2. Maintenance. All costs and expenses associated
with the maintenance, restoration, repair, cleaning or
landscaping of the Easement Area and the Improvements, as
applicable, shall be borne by Grantee.
3, Q�v in Grantor hereby
represents, warrants and covenants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
on the ser%ient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "obstruction"), to a height in excess
of*forty.-Ahty-nine ft. ( 40.89 ) feet ("Height Limit"), as
measured from the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the entire
Servient Tenement located above the Height Limit shall be
referred to herein as the "Air Space.' Any Obstruction existing
or located on the Property in violation of the terms and
*not to exceed existing roof
of approximately 40.89' above mean 2-
sea level. -
R1/899/2ROR/x9280-002/07-18-90/nfg
conditions of this Paragraph 3 shall be an unauthorized
interference with Grantee's View Easement and shall be removed
immediately by Grantor on demand at Grantor's sole cost and
expense. The failure of Grantee to require the removal of an
Obstruction shall in no way be deemed a waiver of Grantee's right
to require such removal.
4. 1?un Wjt�_thV_ L@pd. The obligations, rights and
restrictions set forth in this Agreement with respect to each
Parcel and the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be binding upon the parties hereto and their successors and
Assigns. Every individual or entity who now or hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thereof is and shall be conclusively deemed to have
consented and agreed to every obligation or restriction provided
for hkrein, whether or not any reference to this instrument is
contained in the instrument by which such individual or entity
acquired an interest in the Parcel.
5. Deification- The provisions of this Agreement shall
not be deemed to constitute a dedication for public use nor
create any rights in the general public.
6. Attorneys' Fees. In the event either party hereto,
or their=:-c?ssors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
default of, or any other action arising out of, this Agreement or
the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, in addition to any other damages or relief awarded.
General Provisions.
(a) Any provisions of this Agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provi.bions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
(d) This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
instrument.
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!aterials Received
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(e) This Agreement supersedes any prior
agreements, negotiations and communications, oral or written,
and contains the entire agreement between the parties hereto
with respect to the sub• ct matter hereof. This Agreement
may not be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official Records r` Orange County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(g) The parties hereto agree that if there are any
mortgages or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) or deed(s) of t-ust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
of Exhibit -Q" attached hereto.
(h) All exhibits attached to this Agreement are
hereby incorporated by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Aqreement to be executed u_oon the date and year first ahnve
written.
"Grantor"/
LLY IAN CALCAR
"Grantee"
R1/699/iR6R/N9280-002!47-1�_9p/nFg
W
SHARON KELLY W006S
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STATE OF CALIFORNIA
� ss.
COUNTY OF
On 1990, before me, the
undersigned, a Votary Public in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
GFFICIP.L LZ ;'•�� $CP,tJy+7n F .SESEIZ
�Hascf �anr Notary Public in and or said State
N' 1
A5y r+.rt•ci '
STATE OFr CALIFORNIA )
ss.
COUNTY OF Q_e1*njA--- }
On �'�- 1990, before me, the
undersigned, a otary Public in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and fowt said State
STATE OF CALIFORNIA )
) 55.
COUNTY OF [ )
On �3 1990, before me, the
undersigned, a 9btary Public in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
RERNA'RD F SKZ
1'•• UOTAWPUELC- CALIFORNIA Notary Public in and fo aid State
my comm, eiyh[s OCT 9% IM ,
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October 17, 2019
'aterials Received
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STATE Or CALIFORNIA )
ss.
COUNTY OF
On 1�//cc.-.. `��_ 1.990, before me, the
undersigned, a tart' Public in and for said State, personally
appeared HAROLD G. WOODS, JR., personally known to me (or proved
to rr.e on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within inst[
acknowledged to me that he executed the sameopt.,
0'1%* SIA,
G7n:11.L1
WITNESS my handand official seal. .ormn. C=P. June T. MI
Notary Public in and for said State
STATE OF CALIFORNIA }
ss.
COUNTY OF " )
Onr,. J 1990 before me, the
undersigned ,tary Public in and for said State, personally
appeared SHARON KELLY WOODS, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that she executed the same.
1,11.11 TAULLI
WITNESS my hand and official seal. ''°"*°"�G"`9°°
o�;uc :,.vitt
1/f Com*n. E�V..7unc 7.199t
Notary Public in and for said State
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October 17, 2019
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LtgnL �Ea�R�rablid _ RV�E�F Fl M N
[To be Supplied]
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELLANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
.BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 nn' 00" WEST 62 63LTHENCE
SOUTH 150 00' 17" EAST '79.68 FEET TO THE SOUTH;'M-STCORNER OF
SAID LOT; THENCE BASTERL.Y ALONG THE CURRIED SOUTHERLY LINE OF SAIL:
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN BOOK 5905 PAGE
269, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOUTH 640 37' 18" EAST 44.44 FEET, " ^TEFJ Y 37.69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117,85 FEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO THE TRUE POINT OF
BEGINNING.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
R1/899/2RBR/w92B0-002/07-18-90/a(g
LEyAL _UE_*QRIPT QN QF r)QMINANT T N1~MENT
lTo by supplied]
PARCEL 1: That portion of Lot '0" of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Maps, in the
office of the County Recorder of said County, lying Northwesterly of the fol-
lowing iJ: ,ribed 1'n^
Beginning at a point, on the Southwesterly line of said Lot D. South 15' 00' 17'
East 127.72 feet from the Northwesterly corner of said Lot; thence North 89° 00'
00" East 62.53 feet; thence North 65° 18' 30' East 55 feet: thence North 50'
18' 30" East 84.56 feet to a point in the Northeasterly line of said tot.
PARCEL 2: Lot 0 of Tract 919, in the City of Newport Beach, as shown on a map
retarded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot D lying Northwesterly of the follow-
ing described line:
Beginning at a point on the Southeasterly line of said Lot December, South 15"
DG' 17! East, 127.72 feet from the Northwesterly corner of said Lot; thence
North 89" 00' 00" East 62.63 feet, thence North 651 18' 30" East 55 feet;
thence North 50" 18' 30, East 84.56 feet to a point in the Northeasterly line
of said Lot, (said point being distant South 29" 33' 20" East 173.44 feet from
the most northerly corner of said Lot 0.)
ALSO EXCEPT THEREFROM that portion of said Lot 0 described as fol -lows:
Beginning at a point on the Southwesterly line Of said Lot 'D" South 15" 00' 17'
fast 127.72 feet from the Northwesterly corner thereof; thence continuing South
15* 00' 17' East along the Southwesterly line of said Lot, 79.68 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409,51 feet, a radial to said point bed.',
North 30" 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot "D" through a central angle of V 09'
25" a distance Of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
34° 45'00" West; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 84' 06' 001 a distance of 141.80 feet; thence leaving
the boundary line of said Lot 10", North 310 23' 00" West 117.85 feet; thence
South 650 181 30" West 55.00 feet; thence South 89" 00' 00" West 62.63 feet to
the point Of beginning.
EXIJIBIT "B"
R1/899/2ROR/u9200-002107-38-90/mf9
October 17, 2019
aterials Received
-ire (PA2019-023)
October 17, 2019
'aterials Received
ire (PA2019-023)
Ln.sEr1£h+r Ir<Scarlvlrll�
rM65f PORT/ONS DE 407 7u' OT rNACf NO 919. IN IAF Llrr OF NEWPORT REACH.
CO_TT O.- mull" 5fifL LK LAL 1F0q /A. AL .VA � ANAP Mr%-DRDFG IN ROCA P➢,
PAGE, Ji MiWvOH 1ilhclusl✓E OF MISCti"If" LUPa h1COHl" LF 00"m CJ,Pff r,
AM1 MOAT PARIICUL ARL, GESrRTRFO AS
EASEMENT FOR PARCTL J OF PARCEL RAP NO 60 -l11 -
BFGJA JNG Ar nr SODIRAESr LL44AFR GF PARCEL 1 OF PARCEL µAP MO OB-lll. !.v 1NF
Cllr OF mw wr aEACM, COLFnr OF ORAaw. _TAFF OF CAL lF6NNIA, AS SNDLM DN A
NAP RFClA70E0 !N BOOK 2JI, PAGES J5 AAO J6 OF PARCEL 4AP5. REC&W OF SA fO
OAAMSECOWfr. DENCE SOUTH 15.M 'J/• FAST, A'Ow 1 MMfftr Lf'e OF SAID
I0T 'O'. A OISIANCE OF ?5.00 FEET, rrfACF M7.9fM 7+-59'+)' EAST. A Rl6rlr ANSL£S
TO SA 10 WSM&r LIALE. A DISrA/AT W 6 00 FEET. TMFNCr 11mm l3'OO'fC' YFSr,
PAR41LEZ WIN SATO WE51EN,I LJAAF, A DISTANCE OF JO 00 FEFr, IftWEL NORTH
0S•2B'SP' FAST, A RIS "AWE OF 56.95 FEET TO AN T/FFRSFCfl&J WITH rLf SOLI!
EASTERL ✓ PRbLOMOAiIDN (F !If COWON A WFAFr LINF DF PARCELS T AAV ? OF SATO
PARCEL MAP NO 00-111. FhEWF A49rH 20•L6'll' WFSF. ALONG SAID RROL&MAT10N,
A OISTAZE OF 71-2J' r0 INF SODIAfRLY fo'fff N CORNEA OF SA!D PARCELS l AAO 2 OF
SAID PARCEL NAP,- )THEME SOUP 89.00'06' WES 1. Al OMG TlF SaUF ERL r LIME DF SAID
PARCEL
J. A OISTANCF W " 67' rFRNIN41 rIN6 AT IIE POINr OF BFGIMYING,
EASEMENT Fag F.RCEL 2 OF PAP^.'. NAP M 68-f:I
BE6'WIA6 AT W SOUfAwFST CaWfi OF PAACFL P OF PARCEL MAP fM. B0 -ill. IN rAE
CITY 6F NF`P 49T @EACH, COaVTT bF DRAN6F, SFA lE OF CAI lFORIITA. AS SHOW LPI A
MAP AECDAOEO IN BOOK W. PACES JS AND JE DF PARCFE MAPS. RFCaWS OF SAID
69AAKE rMirr, TMEhCE SONTR PO•Id'!I' fSr. ALOIAi p SOurMERLr PROLON6Ar10N
OF me CORHO.R PROPER!/ LIVE OA PARLGLS I AAV P Oi SATO PARCEL 1l r 10 s6 -l11.
A OISIANCE OF I1 25'; TMENCE WRrN 06'21'57" EASr, A OISIANCE OF A3. 03 FEFr.
rr$NLE NORTH S•+A'"" EAS f. A OISIANCE # Jl. OR FEFt r0 rNE SODTAEASIFRL F C0,9'L£R
Al SAIL PARCEL 2 OF SAID PARCEL NAP rN 80-111, THENCE SOum 65.10'10' WEST,
ALOM6 TME SOWNEA I IPIE OF 5 IO PARCEL Z. A O15r,ACE OF SS 00 FEET, fFANINA rlN6
Ar rAf POIILT W BECIMING.
EASEMENT FOR PARCEL A OF PARCEL MAP NO. PO -111 -
BE6lM /WI, Ar RLF SONrfAEA5r Li7RMS OF PARCEL P OF PARCEL P•P MLI- M��-MIl��l�. IN THE
CI rr OF A$WORr OEACH. CFWfr OF ORANGE, SfA1E OF CA, IFOWIA. AS SO&W ON A
RAP NECOADED TN OWK 2JP, PAGES 35 AAO 16 OF PARCEL NAPS. RECORDS OF SAID
ORANGE C06PLrr,- THENCE SOUTH 31-03'2z, EAST, AL" ME SODrMMESIMr LINE OF
PARCEL A OF SAID PARCEL MAP NO. B8-1111 A DISTANCE OF 117.07 FEET TO rw SWIM
COANCR OF SATO PARCEL A, AFIKE A10RW 42.43'24• WFSr, A pISrANCE OF 95. OD FEET,
WNCE AMIN 5.44'J6' £ASf, A DISTANCE OF 91, 02 FEE! MCA9ThAA M A TTA POINT OF
BE6lowl".
! / y
L�/. 6� 9 lRh 8G
! 4
r
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d
i JEFJ7vEv A. M!{, Ef. L. S- 7953 EL'P. 0/JO/02 � 2555 F
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DET X CTIQH - QF_.EAUMEILT-MZA
C-1
Ri/899/ZRBRI419280-002/07-18-90/-Ig
October 17, 2019
laterials Received
ire (PA2019-023)
RECORDING REQUESTED aY
SOUTH! COAST TITLE COMPANY
RECQADED M C-�H;;-i,l MEcoiZ$
nPru,;E COUt4TV, CALIFORNIA
RECORDING REQUESTED BY
AND WHEN PFCOHDED MAIL To: 2'30
ALLEN, MATK7 NS , LE[:K , GAMBLE 6 P.M. NOV 61990
MALLORY
18400 Von Karman, fourth Floor
Irvine, California 92715 $23.00 4,, 12.t6uwrZRECORDER
ATTN: Gary S. McKitterick., Esq. C1
IAhove Space for Recorder's v" nnlxl
NJ, document Med to., rocordln$ byl'
South Coast Tale carr1pany
ns .:n on:Y. It iaa not
GRANT QE EiLki5 bion r. •,,.,• ne i ac rn }la execution pr
as to n5 Vaet on the title.
This GRANT OF EASEMENT AGREEMENT ("Agreement") is made
as of this 31 day of Lust_, 1990, by and between
FELLY VAN CALCAR, an individual, YVONNE VAN CALCAR, an individual
and MARILYN J. SALENE, an individual (collectively, "Grantor"),
\? and ERNESTO CASTRO. an individual ("Grantee").
lfl I;FCIIAL5!
A. Grantor owns that certain real property described
in E1�73� _"A" attached hereto and by this reference incorporated
herein (the "Servient Tenement").
D. C:rantee owns that certain real property which is
situated adjacent to the Servient Tenement, which is more
particularly described in _j4it "D'• attached hereto and by this
refer•�nce incorporated herein (the "DominaaL Tenement"). The
Dominant Tenement and Servient Tenement sometimes are referred to
individually as a "parcel" and collectively as the "Parcels."
C. Grantee desires to acquire from Grantor, and
Grantor is prepared to convey to Grantee, certain easements for
access, ingress and egress, lands•'r�ning and view over and across
the Servient Tenement for the benefit of the Dominant Tenement.
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual covenants and conditions hereinafter set
forth, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
N1/940/2RDR/W9280-092107-18-90/m1
M
October 17, 2019
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(a) Grants of Eas-em_ent• Grantor hereby grants ro
Grantee perpetual, exclusive easements and rights-of-way, and
incidents thereto, for the benefit of and appurtenant to the
Dominant Tenement over such portions of the Servient Tenement
and for such purposes as are more particularly set forth
below. The easements granted hereinbelow shall be referred
to crillectively as the "Easements".
( i ) AS4;_e,%s _Zasement • An easement ( "Access
Easement") for the purposes of pedestrian access,
ingress and egress over, under and across that portion
of the Servient Tenemen" 2s ;.s more particularly
described in Exhkb),t" C�' and depicted on Exhibit "C-1"
attached hereto ("Easement A.ea").
(ii) tandsrageand lmorovement Easement. An
Casement over, under ara across the Easement Area
("Landscape and Improvement Easement") for the purposes
of installation, maintenance, replacement, alteration
and restoration of landscaping and improvements,
structures and/or appurtenances within the Easement
Area, including, but not limited to, benches, fountains,
sprinklers, pipes, trellises, fences, stairs, a
satellite dish, or a gazebo or similar structures
(iii) view Easelne-nI. An easement ("view
Easement") for the purposes of light, air and view into,
through, over and above th- s d defined in
Paragraph 3 hereof.
Z. Maintenance. All costs and expenses associated
with the maintenanca, restoration, repair, cleaning or
landscaping of the Easement Area and the Improvements, as
applicable, shall be borne by Grantee.
3_ Covertant lieaardyna Airspace. Grantor hereby
represents, warrants and covenants to Grantee that in no event
shall Grantor (a) construct or install (or permit to be
constructed or installed) any improvements on the Servient
Tenement; or (b) reconstruct the improvements currently existing
an the Servient Tenement; or (c) allow trees, hedges, shrubs or
other similar plants to be located on the Servient Tenement
(collectively, "Obstruction"), to a height in excess
oelforty.eig_ty-nine feet ( 40.84 ) feet ("Height Limit"), as
measured i_„m the street at the adjacent corner of Riverside
Avenue and Avon Street. The vacant air space over the antire
Servient Tenement located above the Height Limit shall be
*not to exceed existing roof
of approximately 40.84' above
mean sea level.
-2-
RI/940/2MR/N92a0-002/07-I8-90/mmi
October 17, 2019
!aterials Received
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. t
referred to herein as the "Air Space." Any Obstruction existing
or locatru or, tte property in violation of the terms and
conditions of this Paragraph 3 shall be an unauthorized
interference with Grantee's view Easement and shall be removed
immediately by Grantor on demand at Grantor's sole cos! and
expense. The failure of Grantee to require the removal of an
Obstruction shall in no way be deemed a waiver of Grantee's right
to require such removal.
;, filen With the Land. The obligations, rights and
restrictions set forth in this Agreement with respect to each
Parcel and the owner thereof will directly benefit or burden, as
applicable, the other Parcel, shall run with each Parcel, and
shall be binding upon the parties hereto and their successors and
assigns. Every individual or entity who now or hereafter owns or
acquires any right, title or interest in or to any Parcel or
portion thereof is and shall be conclusively deemed to have
consented and agreed to every obligation or restriction provided
for herein, whether or not any reference to this instrument is
contained in the instrument by which such individual or entity
acquired an interest in the Parcel.
5. Decl Lca_t_3Dn. The provisions of this Agreement shall
not be deemed to constitute a dedication far public use nor
create any rights in the general public.
6. Attorneys' Fega. In the event either party hereto,
or their successors or assigns, brings an action or proceeding
for a declaration of the rights of the parties under this
Agreement, for injunctive relief, or for an alleged breach or
default of, or any other action arising out of, this Agreement or
the transactions contemplated hereby, the prevailing party in any
such action shall be entitled to an award of reasonable
attorneys' fees and reasonable costs incurred in such action or
proceeding, in addition to any other damages or relief awarded.
General Provisions.
(a) Any provisions of this agreement which shall
prove to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and such
other provisions shall remain in full force and effect.
(b) Time is of the essence.
(c) This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
R1/94012RBRM9280-002/07-1B-90han1
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October 17, 2019
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(d) This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original,
but all such counterparts together shall constitute one
inst,ument.
(e) This Agreement supersedes any prior
agreements, negotiations and communications, oral or written,
and contains the entire agreement between the parties hereto
with respect to the subject matter hereof. This Agreement
may nut be modified in any respect whatsoever, or rescinded,
in whole or in part, except by written instrument executed by
the owners of the real property affected by this Agreement,
and recorded in the Official ?records of Oranga County,
California.
(f) The parties hereto shall cause this Agreement
to be recorded in the Official Records of Orange County,
California.
(g) The parties hereto agree that if there are any
mortgages or deeds of trust which presently encumber the
Servient Tenement, Grantor will cause the holder of such
mortgage(s) or deed(s) of trust to execute and deliver to
Grantee concurrently with the delivery of this Agreement a
Lender's Consent in recordable form substantially in the form
of $ahibit "n" attached hereto.
(h) All exhibits attached to this Agreement are
hereby incorporated by this reference.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed upon the date and year first above
written.
"Grantor" II&Aq me,
ELLY
ONNE VAN CALCAR
Mk9ILY J E
"Grantee"
".:NESTO CASTRO
-4-
R 1/940/2RBR/W9280-002/07-M-90/VMi
October 17, 2019
Ialerials Received
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STATE OF CALIFORNIA )
) ss.
COUNTY OF �/ )
On 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared NELLY VAN CALCAR, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to tate within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL `
BERNARD F SELZ t
o OW -Ar n'JBLIC-CALIFORMA
-.NGE COUM Notary Public in a for said State
MY mr;OL upirn Dci ER, 1992
STATE OF CALIFORNIA )
) ss.
COUNTY OF'^ J
On A 7 U , 1990, before me, the
undersigned, a otary Pu bli in and for said State, personally
appeared YVONNE VAN CALCAR, personally known to me !or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
(,T." "'I Notary Public in and r said State
21
r STATE OF CALIFORNIA )
55.
COUNTY OF �_ )
On � 416 , 1990, befcre me, the
undersigned, a otary Pu lic in and for said State, personally
appeared MARILYN J. SALENE, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and
uFFICIAL SEAL
BERNARD F SE1.Z
� a R eSOTAkY PUBLIC - CALrFORNIA
onw c0ulnY
,1
my Tamm. egiras OCT 14 1992
R1/940/2RBR/M9280-082/07-18-90/mri
official seal.
f1�
Notary Public in and faid State
-5-
October 17, 2019
laterials Received
Ire (PA2019-023)
STATE OF CALIFORNIA )
) 55 -
COUNTY OF
On 4' r said
before me, the
undersigne[I, a N ary Publ c in and far said State, personally
appeared ERNESTO CASTRO, personally known to the (or proved to me
on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument, and acknowledged to
me that he executed the same.
WITNESS my hand and official seal.
Notary ublic in and for said State
as�gN,� sic
E�7H'cli TAULLt
onas;t couacn
,. ne. G.ir..m GD Juna 7. 7P3Y
-6-
R1/940/2RBR/N9286-OOZ/O7-16-901mmi
October 17, 2019
aterials Received
re (PA2019-023)
LFG_�%SCRIP CIO�_QF,_SERV IEN�_��Y�MF��1
[To be Suppliedl
EXHIBIT A
THAT PORTION OF LOT D TRACT NO. 919, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP
RECORDED IN BOOK 29 PAGES 31 TO 34 INCLUSIVE OF MISCELIANEOUS
MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
TOGETHER WITH THAT PORTION OF THE STREET ADJOINING SAID LAND ON
THE SOUTH, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH
150 00' EAST 127.72 FEET FROM THE NORTHWEST CORNER OF SAID LOT,;
THENCE SOUTH 890 00' 00" EAST 62.63 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 890 00' 00" WEST 62.63 FEET; THENCE
SOUTH 150 00' 17" EAST 79.68 FEET TO THE SOUTHWEST CORNER OF
SAID LUT; 'THENCE EASTERLY ALONG THE CURVED SOU'T'HERLY" LINE OF SAID
LOT TO THE MOST WESTERLY CORNER OF THE LAND VACATED BY RESOLUTION
NO. 5494, OF THE CITY COUNCIL OF THE CITY OF NEWPORT REACH, A
COPY OF WHICH WAS RECORDED NOVEMBER 7, 1961 IN BOOK 5905 PAGE
269, OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND,
SOUTH 640 37' 18" EAST 44.44 FEET, EASTERLY 37-69 FEET ALONG A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET; AND NORTH
280 59' 30' EAST 45.53 FEET TO THE MOST EASTERLY CORNER OF SAID
VACATED LAND; THENCE NORTH 310 23' 00" WEST 117.85 FEET; THENCE
SOUTH 650 18' 30" WEST 55.00 FEET TO TtIE TRUE POINT OF
BEGINNING.
A PORTION OF SAID LAPID IS SHOWN ON A MAP FILED IN BOOK 24 PAGE 6
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECC:iDER OF
SAID COUNTY.
U IBIT "A"
A1/940/2RBiZ/M9280-002/07-18-901mmi
October 17, 2019
aterials Received
gyre (PA2019-023)
October 17, 2019
aterials Received
-ire (PA2019-023)
LiiG{tL_ PU. ;R.1 PT'T9N O6. VAMUAiANT__T'8!lirNUj
(To be Supplied]
PARCEL 1: That purtien Of Lot "D" of Tract 919, in the City of Newport Beach,
as per map recorded in Book 29, Pages 31 to 34, of Miscellaneous Maps, in the
office of the County Recorder of Said County, lying Northwesterly of the fol-
lowing described line;
Beginning at a point on the Southwesterly line of said Lot D. South 15" Oo' 17"
East 127.72 feet from the Northwesterly corner of said Lot; thence North 891 OD'
00" East 62.63 feet; thence North 65' 18' 30" East 55 feet; thence North 501
18' 30" East 84.56 feet to a point 1n the Northeasterly line of said Lot.
PARCEL 2: Lot 0 of Tract 919, in the City of Newport Beach, as shown on a map
recorded in Book 29, pages 31 to 34. inclusive, Of Miscellaneous Maps, records
of Orange County, California.
EXCEPT THEREFROM that portion of said Lot 0 lying Northwesterly of the follow-
ing described line:
Beginning at a point on the Southeasterly line of said Lot December, South 151
00' 17" East, 127.72 feet from the Northwesterly corner of said Lot. thence
North 891 00' 00" East 62.63 feet, thence North 651 18' 30' East 55 feet;
thence North 501 18' 30" East 64.56 feet to a point in the Northeasterly line
of said Lot, ;said point being distant South 291 33' 20" East 173.44 feet from
the most northerly corner of said Lot D.)
ALSO EXCEPT THEREFROM that portion Of said Lot D described as follows:
Beginning at a point on the Southwesterly line of said Lot 'D' South 151 00' 17'
East 127.72 feet from the Northwesterly corner thereof; thence continuing South
15° 00' 17" East along the Southwesterly line of said Lot, 79.66 feet to the
Southwest corner thereof, said Southwest corner being a point on a curve concave
Southwesterly, having a radius of 409.51 feet, a radial to said point bears
North 301 35' 35" East; thence Southeasterly along the arc of said curve, and
along the Southeasterly line of said Lot "D" through a central angle of 41 09'
25" a distance of 29.71 feet to the beginning of a reverse curve concave
Northerly, having a radius of 96.60 feet, a radial to which point bears South
34" 45'00' West; thence Southeasterly and Easterly along the arc of said curve
through a central angle of 84° 06' OD' a distance of 141.80 feet: thence leaving
the boundary line of Said Lot 'D', North 31° 23' 00" West 117,85 feet; thence
South 65" 18' 30" West 55.00 feet; thence South 89' 00' 00' West 62.63 feet to
the point of beginning.
Rl/940/2RBR/WI)280-002/07-78-90/—i
October 17, 2019
!aterials Received
ire (PA2019-023)
Wl(l SIA9
el: 1r 1n
IXN; 111r 'A"
fASFRFNT LYMPIP!!ON
INOS'T PoRrfONi or 'or 'D' OF rRACr NO 919. JN rNF I Err+ OF WORr MACH.
r"',• W OMAxAF, NfArF CF Cal fFORNIA. AS ShO— Crr A M P NF'(pMW I+ 1N So" FY.
PAW, JI TAWODGM J4 RK,
05J F rW N1SC1^_Ar?" YAP:. /AFi OMw' Ill ONAMW COLNI V,
AIp, NORF, A'ARrIC6%A9l f OFSCRIBFO AS FOLLOIr5 -
F,ASFNENT FON PAINCFL r OF PARCEL NAF Ab 69-JII '
WalAWIN& AT Fle SODTAWEST CSM OF PARCEL J OF PARCEL NAP NO. AO-JI1, fit TME
CTrY OF NEwmr sEAFR, CawfY OF aRAM6E. STATE OF CALIFORNIA, A5 SMJAW ON A
NAP RECOROFD J'N 8aW 237, PAGES 35 AAO J6 OF PARCEL NAPS. RECORDS &c SAIC
ORANGE MRITY, R&ME SOWN 15.00'11' EAS,', ALOW THE NESI£R[Y 41NF OF SAID
LOT W', A OISTA/KE CF 25 O0 FEET, F01WE /KWTN 14.59'4]" EAST, At PIGMI ANGLES
ID SAID NFSIFRL r LIME. A DISTANCE OF 6.00 A'EEF, FRFWF NONrrr 15.00'17- NEST,
PAAALLEL NI7M SA IO NFSr£RLC Lh(. A DISTANCE W 10 OG FEF], fWMCF rANTH
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October 17, 2019
aterials Received
ire (PA2019-023)
Planning Commission - October 17, 2019
Item No. 2c Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
From: ]ed Robinson
To: Plannino Commissioners; ]uriis. Seimone; Nova, Makana; Campbell, Jim
Subject: The Garden Office and Parking Structure (PA2019-023) @ 215 Riverside Avenue
Date: Wednesday, October 16, 2019 10:53:46 AM
Newport Heights Improvement Association
P.O. Bog 2823 Newport Beach, CA 92659
new ortheightsassoc-.,tzlnail.com
City of Newport Beach
Newport Beach Planning Commission
100 Civic Center Drive
Newport Beach, CA 92660
nlannirnL,commissioners c�?r.newnortbeachea.2ov
October 16, 2019
Re: The Garden Office and Parking Structure (PA2019-023) @ 215 Riverside Avenue
Dear Newport Beach Planning Commission,
The Newport Heights Improvement Association [NHIA] met on October 15, 2019 for our Bi -
Annual General Meeting with over half of our membership in attendance. The above
referenced project was discussed as was the proposed restaurant by the same applicant located
across the street at 2902 West Coast Highway. There was a unanimous vote by the
membership to support that both the Parking Structure and Office project at 215 Riverside and
the Future Restaurant project at 2902 West Coast Highway be heard as one project since the
two are integrally related and referenced together multiple times in the application from
Laidlaw Schultz Architects, representing the owner, to the City of Newport Beach Planning
Department.
We sincerely appreciate your consideration in this matter.
Respectfully,
Newport Heights Improvement Association
newnortheightsassoc(d7gmail.com
cc: sjuisL&unewportbeachca.gov
mnova o.newportbeaclica.gov
i eampb ell@newp ortb eachc a. gov
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
From: pori. Susan
To: Planning Commissioners
Cc: Nova. Makana; Summerhill. Yolanda; Campbell, Jim; slaidlaw(E)lsarchitects.com
Subject: Applicant"s Letter to the Planning Commission re 215 Riverside
Date: Wednesday, October 16, 2019 4:24:27 PM
Attachments: Plannino Commision Letter dated Oct. 16, 2019.odf
Dear Chair Koetting and members of the Planning Commission,
There have been a number of comments (both written and oral) questioning whether the 215
Riverside project should be considered together with another pending application. More recently,
we were also provided a copy of a letter sent to the City by legal counsel for several of the adjacent
homeowners raising issues regarding the City's compliance with CFQA. On behalf of the applicant
for 215 Riverside, we have prepared the attached response to those comments which we hereby
submit to you for your consideration in advance of tomorrow night's hearing on the project. We
thank you for your consideration of these comments.
Susan Hod
Partner
Manatt, Phelps & Phillips, LLP
Park Tower
695 Town Center Drive, 14th Floor
Costa Mesa, CA 92626
D (714) 371-2528 F (714) 371-2571
SHori@manatt.com
manatt.com
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attachments without reading them or saving them to disk. Thank you.
rnanatt
October 16, 2019
Via E -Mail: planningcommissioners@newportbeachea.gov
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
Susan K. Hori
Manatt, Phelps & Phillips, LLP
Direct Dial: (714) 371-2528
E-mail: shori@manatt.com
Cl lent -Matter: 63060-030
Re: 215 Riverside Avenue (Coastal Development Permit No. CD2019-003,
Conditional Use Permit No. UP2019-003, and Modification Permit No.
MD2019-003)
Dear Chair Koetting and Commissioners:
This letter is sent on behalf of Laidlaw Schultz, the applicant for the 215 Riverside
Avenue project. We wish to respond to the letter sent to you by Berding Weil, dated October 8,
2019 on behalf of several adjacent homeowners ("Berding Letter").
1.: The 215 .Riverside Project is an Independent; StAndalone Project that is Not
"Inextricably .Linked" to a I ending Application for 2902 West Coast
Highway.
The Berding Letter begins by revisiting an issue that has been addressed by your
Planning staff, and discussed by the Commission as to whether the commercial building
proposed at 215 Riverside is part of a larger project that consists of a proposed restaurant located
across the street at 2902 West Coast Highway. It is not.
The 215 Riverside project is located in an area that is immediately adjacent to an existing
retail center, The Garden, that is being renovated and redeveloped. The center includes the U.S,
Post Office and the prior post office facility at 191 Riverside that is being redeveloped for
retail/commercial uses. The August 22, 2019 Planning Commission staff reports notes that one
of the functions that the 215 Riverside project could serve — but is not required to do so -- is to
provide off-site parking for the adjacent, existing retail center. Included within that center is an
existing building located at 2902 West Coast Highway that is proposed for future restaurant uses.
Because of the proximity of 215 Riverside to proposed restaurant at 2902 West Coast
Highway, questions have arisen as to whether the two projects should be considered together
because they are part of one project, and to consider them separately as the City is doing,
constitutes "piecemealing." It does not.
695 Town Center Drive, 14th Floor, Costa Mesa, California 92626-1924 Telephone: 714.371.2500 Fax: 714.371.2550
Albany I Boston I Chicago I Los Angeles I New York I Orange County � Palo Alto I Sacramento I San Francisco I Washington, D.C.
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
an cl The Garden Office and Parking Structure (PA2019-023)
Planning Commission
October 16, 2019
Page 2
"Piceemealing" is a term that arises out of case law involving interpretation of the
California Environmental Quality Act ("CEQA"). To ensure that the totality of all potential
environmental impacts of a project are considered, CFQA discourages "piecemealing" or cutting
up a project into smaller pieces with the goal of minimizing the significance of potential
environmental impacts of a project. Examples cited by the courts include requiring that the
future expansion of a proposed university facility be considered because it was a reasonably
foreseeable consequence of the initial development (Laurel Heights Improvement Association v.
Regents of'University of'California (1988) 47 Cal.3d 376); or requiring that a county's rezoning
of land be considered together with the subsequent specific development project because the
rezoning was a necessary first step of the future development project which it intended to
consider (City of Carmel -by -the -Sea v. Board of Supervisors (l 986) 183 Cal.App.3d 229).
On the other hand, if two projects serve different purposes or can be implemented
independently, the city can review them separately. In Banning Ranch Conservancy v. City of
Newport Beach, the court held that the City did not piecemeal its environmental analysis when it
prepared one environmental impact report for the Sunset Ridge Park and a separate
environmental impact report for the Banning Ranch development project even though the
projects were adjacent and would share an access road. The Banning Ranch development was
not a reasonably foreseeable consequence of the park and access road. (Banning Ranch
Conservancy v. City of Newport Beach (2012) 211 Cal.App.4"' 1209.)
Although the 215 Riverside project is across the street from 2902 West Coast Highway,
the proposed restaurant is not a reasonably foreseeable consequence of the office building and
parking lot, Both can operate independently of the other, and one is not a reasonably foreseeable
consequence of the other. A proposal that is related to another project, but has independent
utility and is not necessary for the project to proceed need not be included as part of the project
and may be reviewed as a separate project. (Communities for a Better Ei, vi)•riwhent v. City of
Richmond (2010) 184 Cal .App.4'I' 70.) Here, the office building and the restaurant proposal each
have independent utility. If the office building and parking lot were never approved or
constructed, the 2902 West Coast Highway proposal could still proceed to obtain permits and
open for operation. The only link that is being drawn is the possible future use of the parking
spaces at the 215 Riverside building by restaurant patrons.
As the City is well aware, there are many instances where local businesses — in most
situations, restaurants — are required to obtain off-site parking to meet its parking demands.
Many of the restaurants that operate on Mariner's Mile, just a block away from 215 Riverside,
require off-site parking. Those restaurants often enter into agreements with nearby property
owners to utilize their parking lots. The proposed restaurant at 2902 West Coast Highway is no
different and has entered into a memorandum of understanding to lease 35 parking spaces from
the owner of the parking lot located at the southeast corner of Avon Street and Riverside
Avenue, a copy of which was previously transmitted to this Commission. As the City staff
report states, although the parking spaces at 215 Riverside can be used for future tenants and
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Planning Commission
October 16, 2019
Page 3
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
patrons of The Garden shopping center, it can also be made available to other businesses and off-
site uses in the area (such as boat charters or other visitor -service businesses) to address their
parking needs. This is consistent with the current practice for some landowners with surplus
parking, and reflected in the City's own General Plan and Coastal Land Use policies, such as:
LU 6.19.16 Parking and Supporting Facilities,for Waterfront Uses. Explore additional
options for the development and location of parking and other supporting facilities for
charters, yacht sales, and other waterfront uses. (Imp 16.10)
Imp 16.10 Improve Parking Supply and Management. Parking Management Programs
shall be considered for commercial and residential areas of the City with inadequate
parking, such as Corona del Mar and the Balboa Peninsula. This may consider the
development ofpublic parking lots or structures, street parking permitting, valet
programs, and similar techniques as feasible. Existing public parking lots should be
evaluated for their accessibility, utilization, and proximity to the uses they support.
Possible relocation should be considered where they do not effectively support
surrounding land uses....
Although the Mariner's Mile area of the City was not identified as an area with
inadequate parking like the Balboa Peninsula, as many residents who have submitted comments
have stated, the availability of street parking in the residential areas is severely compromised and
it goes without saying that additional parking spaces in a structured lot could help relieve the
lack of street parking experienced by the adjacent residential community.
In conclusion, the commercial office building and its parking lot is not inextricably linked
to the application for a future restaurant at 2902 West Coast Highway. The proposed restaurant
is not solely dependent on the construction of the parking lot at 215 Riverside to satisfy its
parking needs. One is not a necessary first step for the other. There are a number of options to
address its parking needs, including other off-site parking lots, which the restaurant applicant has
already pursued in the event the commercial uses at 215 Riverside are not approved by the City
or built in the future.
2. The City's CEQA Determination is Supported by Substantial Evidence in the
Record.
The Berding Letter next takes issue with the City's determination that the 215 Riverside
project is an infill development project, and therefore exempt from CEQA. The CEQA
Guidelines establish 33 classes of projects which are exempt from the requirement to prepare a
negative declaration or environmental impact report, because the State has determined that they
will not have a significant effect on the environment. (14 Cal. Code of Regs. § 15300.) The City
has determined that the 215 Riverside project is exempt from CEQA because it is an infill
development project that satisfies the following 5 criteria set forth in the CEQA Guidelines:
A-L
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Planning Commission
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Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
(b) The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
(14 Cal. Code of Regs. § 15332.)
The August 22, 2019 Staff Report included an Exemption Determination setting out the
facts in support of the City's conclusion that the 215 Riverside project qualifies for the Class 32
infill development exemption. For the reasons discussed below, the Berding Letter's attacks on
the City's CEQA determination are unfounded, unsupported, and inaccurate.
As an initial comment, the letter states that the applicant made the CEQA determination
that the project is exempt. The determination as to whether a project is subject to CEQA or
exempt from CEQA, and what type of environmental documentation is appropriate is a decision
that is made by the city, not the applicant. The applicant is not the lead agency to whom
authority is vested under CEQA to make this determination.
Second, the Berding Letter reiterates its claim that the 215 Riverside project is part of a
larger project that includes the proposed restaurant at 2902 West Coast Highway, and the two
separate applications must be considered and processed together as one project. As discussed
above, the restaurant is not a reasonably foreseeable consequence of the commercial building and
parking lot and vice versa. Both can be developed and operated independent of the other. For
these reasons, the City's decision to process each application separately does not constitute
improper "piceemealing."
Third, the City's analysis of the 215 Riverside project and why it satisfies each of the five
criteria for a Class 32 exemption from CEQA is supported by substantial evidence in the record
before you. That evidence also demonstrates that there is no reasonable possibility the project
will have a significant effect on the environment due to unusual circumstances, or that there are
significant cumulative impacts from successive projects of the same type in the same place over
time.
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Planning Commission
October 16, 2019
Page 5
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
a. `Tlie 2.15 Riverside Pro'iect is Consistent With Applicable G:cneral Plan.
Policies.
The Exemption Determination that accompanied the City's August 22, 2019 Staff Report
reviewed the applicable General Plan policies and identified how the project is consistent with
those policies.
The Berding Letter cites three General Plan policies in an attempt to fault the City's
General Plan consistency determination.
• L U 5.2.2 Buffering Residential Areas
Require that commercial uses adjoining residential neighborhoods be designed to
he compatible and minimize impacts through such techniques as:
Incorporation of landscape, decorative walls, enclosed trash containers,
downwardfocused lightingfixtures, andlor comparable buffering elements;
Attractive architectural treatment of elevations facing the residential
neighborhood;
Location of automobile and truck access to prevent impacts on neighborhood
traffic and privacy. (Imp 2.1)
Because the 215 Riverside project includes a parking structure adjacent to residential
development, it is required to obtain a Conditional Use Permit. That entitlement process
provides a mechanism to ensure that the design and siting of the parking is compatible and does
not adversely impact the adjacent residential community. The 215 Riverside project provides a
number of buffering elements, including enhanced landscaping on the slopes adjacent to the
existing residences, partial coverage of the upper level to minimize the amount of surface area
exposure, downward facing lights, and a retaining wall. The project will pull back the proposed
parking area from the footprint of the existing parking lot by removing portions of the existing
retaining wall, and landscaping those areas with vegetation that will screen much of the upper
level of parking. More significantly, the elevation of the proposed upper level is actually lower
than the current elevation of the surface lot, thus further distancing and separating the cars on the
upper level of the parking structure than currently exists.
There is no evidence to support the Berding Letter's claim that the 215 Riverside parking
areas will be used "far more frequently and in a substantially more intrusive manner" than the
current configuration. Currently, there are 17 uncovered, parking spaces provided at the parking
lot which is at a higher elevation and closer to the existing residences than what would be
provided by the proposed 215 Riverside project. With project implementation, the upper level
will have 22 spaces, 5 of which will be located under a lattice covering, and 17 spaces — the same
number of spaces as the current surface parking lot -- will be uncovered. These spaces, however,
will be located further away from the property line and will be surrounded by enhanced
landscaping as compared to the existing condition. If used for off-site parking for an existing
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Planning Commission
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Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
commercial enterprise — which the building owner would be entitled to do -- the 17 existing
spaces could be used by any number of restaurant or boat charter patrons and there is no
evidence to support the claim that the 215 Riverside project's use of that lot would be any less or
more intrusive than what could be done under current conditions.
el L U 6.19 Mariner's Mile.
A corridor that reflects and takes advantage of'its location on the Newport Bay
waterfront, supports and respects adjacent residential neighborhoods and
exhibits a quality visual image for travelers on Coast Highway.
The Berding Letter reiterates its allegation that the proposed 215 Riverside project's
parking lot fails to respect the adjoining residences without any consideration of facts that the
proposed upper level of parking with its lattice covering, reduced elevation and enhanced
landscaping will actually provide a much more attractive and compatible parking area than if the
existing lot were re -used to its full capacity.
e CE 7.1.8 Parking Configuration.
Site and design new development to avoid use ofparking configurations or
management programs that are difficult to maintain and enforce.
The Berding Letter's primary concern appears to be the issue of tandem parking which
was originally proposed as being potentially difficult to manage. In response to the concerns
expressed by Chair Koetting, the applicant modified the application to remove the request for
tandem parking. The number of parking spaces has been reduced from 41 to 35 spaces.
b. The ]3.crdin .Letter's. Selective Reading of the Ci 's. General Plan
Ignores the Politics that Support the Project.
The Berding Letter selectively excerpts various General Plan policies while ignoring
policies that both support and encourage the type of use proposed in the 215 Riverside project.
The following policies demonstrate the Project's consistency with the City's General Plan and
the appropriateness of the categorical exemption.
® LU 5.3.6 Parking Adequacy and Location.
Require that adequate parking be provided and is conveniently located to serve
tenants and customers. Set open parking lots back from public streets and
pedestrian ways and screen with buildings, architectural walls, or dense
landscaping. (Imp 2.1)
As discussed above, the parking structure meets all of these design parameters as it is set
back from Avon Street and Riverside Drive, conveniently located to serve the tenants as well as
customers of The Garden, the architectural features are a vast aesthetic improvement over the
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Planning Commission
October 16, 2019
Page 7
Panning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
existing building and providing improvement to the property values in the area, and additional
landscaping both in front of and behind the structure help buffer and soften the appearance of the
building.
L U 6.19.16 Parking and Supporting Facilities for Waterfront Uses
Explore additional options for the development and location ofparking and other
Supporting facilities for charters, yacht sales, and other waterfront uses, (Imp
16.10)
CE 7.1, 7 Shared Parking Facilities.
Consider allowing shared parking in mixed use and pedestrian oriented areas
throughout the City.
The provision of additional parking in the Mariner's Mile area is consistent with these
two policies that encourage the provision of parking to support the visitor serving uses in this
area.
C. The Project Satisfies Criteria (d) and {e) fora Class 32 Infill
Development Exemption.
The final two criteria for use of the Class 32 Infill Development exemption are as
follows:
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
As part of its application, the applicant submitted traffic and noise studies, a view
analysis, as well as sewer and water demand studies as requested by the City. The traffic study
concluded that the project would not generate any significant traffic impacts on the existing
street network. Given the limited number of vehicle trips generated by the project which is the
major source of air pollutant emissions, and the requirement that the project comply with all
applicable South Coast Air Quality Management District rules and regulations, such as watering
the site to minimize dust during construction, the City concluded that the project would not result
in any significant effects related to air quality.
For the reasons discussed previously, the 215 Riverside project is not part of a larger
project and the traffic study scope which limited its analysis to trips from the proposed 215
Riverside project was appropriate, It should also be remembered that the operation of The
Garden retail site is considered part of the existing background in terms of traffic and that the
-L -c
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Planning Commission
October 16, 2019
Page 8
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
assumptions used for The Garden assumed full occupation of the retail space, including the
building at 2902 West Coast Highway.
A noise study was also prepared that examined the potential noise that would be
generated by the proposed project including use of the parking areas during the evening. The
study applied the City's day time and night time noise standards to the noise that was estimated
to be emitted from project operations, including use of the parking lot during the evening, and
concluded that there were no significant noise impacts. Although many of the comments
received on the project from nearby residents expressed concerns regarding noise, it is important
to take into consideration the fact that the 215 Riverside project site is within an area that is
already exposed to high levels of ambient noise due to the volume of traffic on both Riverside
Avenue and West Coast Highway. Moreover, the design of the project helps reduce the potential
noise impacts from cars in the parking lot. For example, the proposed upper level of parking is
approximately 7-8 feet below the elevation of the existing parking lot. The lower elevation of
the parking area helps reduce the noise from cars using that upper level of parking.
With respect to water quality, the project will comply with the required Best Management
Practices (`BMPs") set forth in the required Water Quality Management Plan ("WQMP") which
has been reviewed by the City. Compliance with the required regulations and requirements of
the WQMP avoids any significant water quality impacts. Lastly, while not a water quality issue,
the City also examined the presence of a wetland area to the west of the project site that is
present at the base of the slope that ends at Avon Street. The wetland area has been substantially
disturbed by the construction of staircases on the slope, and street improvements along Avon.
The project does not dram into and will not have any adverse impact on the wetlands. To the
contrary, the project will actually provide a beneficial impact by increasing the open space area
between the wetland area and new retaining wall for the proposed project; a conclusion
supported by the study prepared by the City's wetland consultant, Glenn Lukos Associates.
Although not one of the impacts areas identified in subsection (d) of the Class 32
exemption, the applicant also provided a view analysis of the project from the park on Cliff
Drive. As the commercial building is reduced in size as compared to the existing structure, and
the parking area will actually be 7-8 feet lower in elevation as compared to the existing surface
parking lot, there will be no impact on existing views. With respect to concerns expressed about
impacts from car headlights on the upper level, the applicant also prepared a headlamp beam
spread analysis using the criteria established by the Federal Highway Administration which
shows that light from cars using the upper level of parking will not impact the adjacent
residences but would be shielded in large part by the retaining wall, slope, and landscaping on
the adjacent slope.
Lastly, the project site is an already -developed site that is served by existing utilities and
surrounded by urban development, and thus satisfies the final criteria to use a Class 32
exemption. To ensure that the new building and its demands could be adequately served by the
JLA
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Planning Commission
October 16, 2019
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Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
City, a sewer and water demand study was prepared and adequate capacity and water supply was
identified.
In conclusion, the redevelopment of 215 Riverside is the textbook example of infill
development and the City's determination that it is exempt under the Class 32 exemption of
CEQA is supported by substantial evidence in the record. It is an already -developed site,
surrounded by urban uses, and served by existing improvements and utilities. The project is
consistent with the City's General Plan and zoning, and all relevant policies, and will not have
any significant impacts on the environment.
3. There are no "Unusual Circumstances" that would Preclude Use of the Infill
Development CE QA E, xcunption,
The project does not present "unusual circumstances" that create significant
environmental impacts. A commercial building and parking lot currently exist on site. The
existing building and parking lot will be replaced by a new project that consists of the same
combination of uses. The traffic and noise from a 35 space parking lot was fully analyzed and
no impacts were identified. The replacement of an existing structure for the same use does not
represent "unusual circumstances" and certainly not a circumstance that presents significant
impacts.
The Berding Letter identifies the requirement to obtain a Conditional Use Permit as
evidence of "unusual circumstances." The fact that the City has in its ordinance a mechanism by
which parking can be permitted adjacent to residential areas demonstrates that the juxtaposition
of these two uses occurs with sufficient frequency in the City as to warrant a provision in the
City's Municipal Code setting forth the manner in which these projects are to be examined.
Moreover, even if this structure were not adjacent to the residences, it would still require
discretionary approvals because of its location within the coastal zone. The Berding Letter
implies that only the proximity to residential uses trigger a discretionary approval and therefore,
it should be considered "unusual." To the contrary, the City's Code contemplates the need for
the City to examine the appropriateness of these two uses being developed adjacent to each
other, and regardless of the CUP requirement, the project would require discretionary approvals
from the City.
4. Conclusion.
In conclusion, there is no basis for the City to require that consideration of the 215
Riverside project be held until the application for 2902 West Coast Highway is deemed complete
and staff has completed its analysis. The projects are independent of each other and the City has
not improperly piecemealed the applications. The City's CEQA determination is supported by
substantial evidence in the record demonstrating that the project is an infill development that is
manatt
Planning Commission
October 16, 2019
Page 10
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
exempt from CEQA. We appreciate your consideration of the information and analysis provided
in this letter and request your approval of the 215 Riverside project.
Very truly yours,
Susan K. Hori
Cc via email: James Campbell, Deputy Director
Makana Nova, Associate Planner
Yolanda Summerhill, Assistant City Attorney
Scott Laidlaw
325338771,1
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
October 14, 2019
Dear Planning Commission Members and City Council:
First of all I agree with all of the findings and requests in the letter of Berding &
Weil Attorneys at Law which was sent to the Newport Beach Planning
Commission on October S regarding The Garden Office and Parking Structure
Proposed Project on Riverside Drive.
Of most importance is that the Applicant has separated the proposed project at
215 Riverside from its proposed restaurant project across the street at 2902 West
Coast Highway, the two are integrally related and must be considered as one
project.
Second, there is a lot of false information being propagated by the person of
(Kaitlin Crowley) working for a company by the name of Mobilitie. She and
possibly others have been canvassing the neighborhood with false propaganda
about the project at 215 Riverside and getting unknowledgeable neighbors to
sign letters of approval. My daughter-in-law as well as my neighbors were some
of those posted online.
My daughter-in-law wishes to rescind her signature. She was misinformed.
Our neighbors were not informed that the restaurant had the capacity of at least
200 and only 40 parking spots being provided in the separate structure at 215
Riverside which will not have a roof on it and all of those tires screeching, car
alarms, blasting stereos and drunks hollering will come right up to us, along with
those parking in our neighborhood because they do not want to pay or wait for
valet parking. I can only imagine all of the regurgitating and urinating in our parks
with the steps leading up into our neighborhood, along with vandalism that
occurs when bars are open until 1 AM.
Then the parking structure clean up starts with loud garage sweepers coming in
the middle of the night. Skate boarders and homeless as well graffiti artists!
We were very disturbed when the parking structure at the John Dominis Building
all the way across PCH next to Billy's was built and kept us awake all night. Now
the proposed parking structure will be under our homes, next to our parks and
wetlands, in our neighborhood and under our noses. It is not a healthy choice
and we respectfully request that you deny this parking structure and all future
pians for parking structures along Mariners Mile, as well as roof top bars! We are
raising our families up here and would like to keep some peace in our
neighborhood.
Thank you for your wisdom in this matter,
With gratitude -Val & Tom Carson & Family
/SIO
Planning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
October 15, 2019
To: Newport Beach Planning Commission and Newport City Council:
Mayor Diane Dixon,
City Council Members, City of Newport Beach
Chair, Peter Koetting,
Planning Commissioners, City of Newport Beach
Dear Mayor Dixon, Chair Koetting, & Commissioners
Due to being given incomplete information I wish to rescind my signature approving the The
Garden Office and Parking Structure Proposed Project. I was told it was a garden setting with
restaurants below and offices above.
I was not told there would be a rooftop bar open until 1 AM nor that the restaurant had the
capacity of at least 200 and only 40 parking spots being provided in the separate structure at
215 Riverside This structure would be encroaching into our neighborhood directly under our
homes, adjacent to wetlands, and parks. I don't feel this is a family oriented idea for our
peaceful neighborhood and not healthy for our children. Parking structures are noisy day and all
night with tires screeching, machines cleaning, skateboarders, vagrants and exhaust pollution.
Plus all the extra people will park on our streets and go through our parks to access the
restaurant. I was hoping for a small child friendly place I could walk to with my children not a
tourist attraction.
Respectfully, i ask the Planing Commission to not approve the proposed redevelopment of 215
Riverside. We'd like to keep the peace and well-being of our neighborhood, Newport heights.
Panning Commission - October 17, 2019
Item No. 2d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17, 2019
Item No. 2e Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
LS� � architects
LAIDLAW SCHULTZ
3111 Second Avenue Corona del Mar. CA 92625-2322 T: 1949) 645-9982 F: (949) 645-9554 W: LSarchitects.com
October 16, 2019
Newport Beach Planning Commissioners
Makana Nova, Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Coastal Development Permit No. CD2019-3 (PA2019-23), 215 Riverside Avenue:
Community Outreach to Adjacent Homeowners
As the applicant for the 215 Riverside Avenue project, we recognize and
appreciate the importance of outreach to the surrounding community to
ensure that accurate information regarding the proposed project is provided
and that all members of the public are provided with an opportunity to ask
questions and have their concerns addressed. The following summarizes the
community outreach activities that w4ere undertaken by the applicant for this
project.
Our first community outreach event was an open house that was held on July
19, 2019 from 8:30 a.m. and 10:30 a.m. Property owners of the properties
adjacent to the project site were invited to meet the applicant and project
team and review renderings of the proposed project at an open house held at
191 Riverside, across the street from the project site. Invitations were mailed to
the names and addresses of all property owners and occupants located within
300' of the exterior boundaries of 215 Riverside. The mailing list was identical to
the list prepared by Susan W. Case, who was contracted to prepare the
mailing list, and submitted to the City for its noticing requirements, Details
regarding the number of attendees, and the comments in support of the
project received at the open house have been previously submitted to the City
for the record.
Because of their proximity to the project site, we a#so conducted specific
outreach to adjacent homeowners. Hal Woods, the owner of 2919 Cliff Drive,
attended the open house. On September 19, 2019, Kaitlin Crowley on behalf
of the applicant, called upon Stephanie Sitzer, the new owner of 2907 Cliff
Drive, as they had been informed that the sale of that house had just recently
occurred. Ms. Sitzer, or Stefanie Pilalas as she is identified in the
correspondence from Berding Well, dated October 8, 2019, had just recently
Planning Commission - October 17, 2019
Item No. 2e Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
closed on the house as she informed the Planning Commission at the
September hearing. Subsequent to the open house, the following adjacent
homeowners were invited for a site tour with me: Hal Woods (2919 Cliff Drive),
Ernest Castro (2910 Cliff Drive), Bruce Choate (2924 Cliff Drive), Stefanie Pilalas
(2907 Cliff Drive), Jack Staub (2911 Cliff Drive) and Jean Watt, co-founder of
SPON. Jean Watt attended a site tour. Ernest Castro scheduled and then
cancelled a site tour. None of the other property owners accepted our
invitation to attend a site tour.
In addition to the open house and direct outreach to the adjacent residents,
we have conducted extensive community outreach and received very
positive feedback for a project that adds parking, is less intense and more
visually attractive than the existing use, and adds to the property tax base of
the city. Furthermore, the property owner has invested significant resources in
quality architecture and construction materials that enhances the values for all
in the area.
Sincerely,
Scott Laidlaw
Laidlaw Schultz Architects
Applicant for 215 Riverside
Cc: James Campbell
Seimone Jurjis
Yolanda Summerhill, Esq,
manatt
October 17, 2019
Via E -Mail: ysummerhill@newportbeachca.gov
Yolanda Summerhill
Assistant City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Planning Commission - October 17, 2019
Item No. 2f Additional Materials Received After Deadline
The Garden Once and Parking Structure (PA2019-023)
Susan K. Hori
Manatt, Phelps & Phillips, LLP
Direct Dial: (714) 371-2528
E-mail: shori@manatt.com
Client -Matter: 63060-030
Re: Correspondence from Harold Woods, Jr, re 215 Riverside Avenue
(Coastal Development Permit No. CD2019-003, Conditional Use Permit No.
UP2019-003, and Modification Permit No. MD2019-003)
Dear Ms. Summerhill:
This letter is sent on behalf of Laidlaw Schultz, the applicant for the 215 Riverside
Avenue project. We received a copy of the letter from Harold Woods, Jr. and copies of a Grant
of Easement Agreements pertaining to the 215 Riverside Avenue property ("the Property") that
you provided to us.
We have a number of issues regarding the interpretation and enforceability of the
referenced easements; however, it is not the role of the City to enforce private covenants.
Enforcement is up to the private parties and is not subject to the City entitlement process. Our
project is consistent with the General Plan, applicable General Plan policies, zoning and
development standards. Accordingly we request that the City continue to process our application
in accordance with applicable City standards. We assume the risk that the enforcement of the
easements may impact on our ability to develop the Property in accordance with the City
development approvals.
Very truly yours,
Susan K. Hod
Cc via email: Planning Commission
James Campbell, Deputy Director
Makana Nova, Associate Planner
Scott Laidlaw
695 Town Center Drive, 14th Floor, Costa Mesa, California 92626-1924 Telephone: 714.371.2500 Fax. 714,371.2550
Albany I Boston I Chicago I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.0
Planning Commission - October 17, 2019
Item No. 2t Additional Materials Received After Deadline
The Garden Office and Parking Structure (PA2019-023)
From:
TOMLU BAKER
To:
Planning Commissioners
Cc:
TOMLU BAKER
Subject:
Continuance of Garden Parking Structure and Roof Top Restaurant
Date:
Thursday, October 17, 2019 2:25:52 PM
Planning Commission Chairman,
I request that the Planning Commission hold a joint hearing of THE CARDEN OFFICE AND STRUCTURE
(PA2019-023) at 215 Riverside and the nearby proposed open roof top restaurant. The cumulative
impacts of the two projects should be studied jointly, instead of piecemealing the projects individually.
Consequently, a continuance is requested so that the projects and associated impacts can be
determined in entirety by the community and specifically by the impacted neighborhood residents.
Impacts associated with the total project include but are not limited to
-Valet/Employee parking
-Roof level parking
-Ingress/Egress from Avon and Riverside Ave near Parks and bike paths heavily used by school children
-City's Parking Management Plan
-Hours and Capacity of Roof Top Restaurant
-Projected increase in alcohol related crimes including drunk driving
-Noise/Lighting of parking structure and restaurant
-CUP required for parking adjacent to quiet Residential Properties
-Detrimental effects to vulnerable Wetlands (California Coastal Commission)
-No smoking area (enforceable) buffering the Wetlands and Cliff Drive Park (designated afire hazard
area) and protection of the public and environment from risks associated to chemical in tobacco smoke
-Notarized parking lease agreements with time duration in yearly decades and consequences if not
renewed
- Restrictions on future development due to any parking agreements
-Increased traffic at project and in the adjacent residential neighborhoods
Tom Baker
Newport Heights
Planning Commission - October 17, 2019
Item No. 2g Additional Materials Received After Deadline
The Garden Office and Parking Structure (PA2019-023)
From: Jeanne Fobes
To: Plannina Commissioners
Subject: Parking structure with roof -top parking; Restaurant with roof -top deck
Date: Thursday, October 17, 2019 5:46:38 PM
Dear Commissioners:
In the interest of integrity and justice, we "ask" that these two projects be presented as "One
Whole Project" to our community. That is the true and honest way to address this and
consider this BEFORE even thinking about actually approving it!!!
The cumulative impacts of these projects need to be studied further. What are the planned
hours off operation? What capacity is planned for? Will there be valet services? Employee
parking? What will the noise and view impacts be on Cliff Drive Park? What will the impact
be on traffic coming up and down Riverside to Cliff Drive?
Sincerely, Jeanne Fobes,
Concerned Newport Heights Home -owner
Planning Commission - October 17, 2019
Item No. 2g Additional Materials Received After Deadline
The Garden Office and Parking Structure (PA2019-023)
From: Kevin Meyers <kevinlmeyers@yahoo.com>
Sent: Friday, October 18, 2019 9:16 AM
To: Planning Commissioners
Cc: Diana Meyers
Subject: Project File No PA2019-023
Planning Commissioners,
I am writing you to raise my concern about this project. I was not able to attend the
meeting last night due to business but wanted to communicate with you.
My concern is the proposed parking and possible roof top deck on the building.
I live on Cliff Drive (2932) and the noise level from current business activities is there
but something this close to residential neighborhoods would be dramatic.
We are in favor of upgrading the area and new business but adding a building so close
with possible noise impact is not something we can support.
Thank you for your time and hearing our concerns
Kevin & Diana Meyers
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
Ion
Q4-1 TO iILI
Planning
Commission
Public Hearing
October 17, zo3.g
Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
Continued from August ii, zoig
Project scope changes:
■ Office floor area reduced to 2,744 square feet
■ Tandem parking configuration removed from plans
Biological Resources Analysis:
• Considers wetland buffer to proposed project site
Restaurant applicant has identified alternative
parking supply.
Community Development Department - Planning Division
2
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
LJ Coastal Development Permit
• For demolition and project development in the
Coastal Zone
LJ Conditional Use Permit
• Parking structure adjacent to residential zone
Community Development Department - Planning Division
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
Community Development Department - Planning Division 10
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
Community Development Department - Planning Division
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Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
E.Edng Jphd Residence
Proposed \New Corridor of Porldng
Exdding View Corridor of ParUng
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
Class 32Exemption-
(Infill
Development Projects)
Supporting Studies:
• Biological Resources Analysis
• Traffic trip analysis
• Noise Study
• Water Quality Management Plan
(WQMP)
• Water/sewer generation study
Community Development Department - Planning Division
3.6
4
Plariring Commission - October 17. 2019
e4* Meeting by Staff
d Structure (PA2019-023)
Community Development Department - Planning Division
17
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Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
Picture #4 from edge of Lawn
Community Development Department - Planning Division 22
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
General Plan Policies -Mariners' Mile
LU 5.2.2 Buffering Residential Areas
Require that conunercial uses adjouiing residential neighborhoods be designed to
be compatible and miniinize impacts through such tecluniques as:
Incorporation of landscape, decorative walls, enclosed trash containers,
downward focused lighting fixtures, and/or comparable buffering elements;
Attractive architectural treatinent of elevations facing the residential
neighborhood;
Location of automobile and Blick access to prevent impacts on neighborhood
traftir acid r)rivarv_ tli)rh 2.1)
LU 6.19
A corridor that reflects and takes advantage of its location on the Newport Bay '�vaterfront, supports
and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on
Coast Highway.
C E 7.1.8 Parking Configuration
Site and desigii ne-,v development to avoid use of parkiiig configurations or
management programs that are difficult to maiiitaiii acid enforce. (Lop 2.1, 7.1,
8.1)
Community Development Department - Planning Division 23
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
General Plan Policies -Mariners' Mile
LU 6. 19.5 Parldng
Require adequate parking aiid odier supporting facilities for cha tern, yacht sales,
visitor -serving, sold other w, atetffont uses- a 2. 1, 3;1)
W G. l 9,1 S P,.tfk:�1g and Suppoffing Facilities for' 'ateffront L: ses
Esplore additional options for the development and location of parking and other
suppoi.-t ng facilities for charters, yacht sales, and other waterfzont uses. (IPS5 16.10)
Mariners' Mile Vision and Design
Framework- Mariners' Village StudyArea
1.35 Implement a compreher sive parking :strategy, including preserving on -street
parking. establishing a Mariner's; Mile Parking District and encouraging more
corrin -ion parking lots. *=
Community Development Department - Planning Division
24
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Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
1. Conduct a public hearing
■ Consider public comments
received
z. Consider conditions to alleviate
potential land use conflicts
3. Adopt the draft resolution
approving the proposed
development
Community Development Department - Planning Division
25
W WPORTBEACH ,
POLICE DEPAR7MEI
1"
Planning Commission - October 17. 2019
Item No. 2h Additional Materials Presented At Meeting by Staff
The Garden Office and Parking Structure (PA2019-023)
a�o n s,
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Community Development Department - Planning Division 26
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
Rendered Vlew from fniersecfion of Avon and Riverside
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
• Use of enhanced architectural finishes and
articulation
Integration of landscape into the overall design
"Five" sided approach to design and finishes
Pedestrian oriented design for both
and the parking
the build ingy.0
• Preserves existing on street parking and
contributes to an overall parking strateg
0
Consistent with the principles outlined in the
Mariner's Mile Strategic Vision and Design
Framework
MW
Landscape
Metal Awning
I
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
Glazing
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Brick Detail
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View from Avon
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
Superimposed Existing and Proposed Site Plans
Item No
Planning Commission - October 17, 2019
2h Additional Materials Presented At Meeting by Applicant
Parking Structure (PA2019-023)
Proposed Site Plan
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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Area of existing encroachments,
paving, retaining walls, and
drainage devices to be removed
& replaced with parkscape
Planning CoorOctober1
Item No. 2h Add&onal Materials Presented At Meetirg by Applicant
The Garden Office and Parking(PA2019-023)
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Encroachment Removal Diagram
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
TECHNICAL MEMORANDUM
GLENN LU KCS ASSOCIATES
IJ'Oryservices
PROJECT NUMBER: 05600002RA E
TO: Gregg Ramirez. Principal Planner, City of Newport lieach
Makana Nova, Associate Planner, City ofNewport Beach
FROM: 'Iony Bonikamp
DATE: Septennber 2.3, 2019
SUBJECT: 215 Riverside Avcnue. Newport Beach: Delineation and Evaluation of
WCLIand within Avon Street Right -of -V4 -ay W'os[ of Suf.icet Property
CONCLUSIONS
The Avon Street Wetland is a slope wetland or groundwater fed wetland that has been documented
at this location since at least 1959. The proposed development at 213 Riverside Avenue would
have; no potential to a.fti`t;t the wetland directly through dredging, filling, or other alteration. The
proposed development would not affect the functions of the %velland mhich is located us close as
mo feet from Avon Street along its entire length, limiting the wetland functions. The proposed
development has no potential to affect the uretlarid hydrology, which consists of discharging
groundwater. The proposed project also exhibits no potential to affect biogeochemical (water
quality) timetions and would not affect potential habitat functions. Thus. the proposed
dcvclopmcnt has not. potential to adversely affect the: Avon Street Waland.
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
Existing Site
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
Roof/Site Plan
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
Existing Upoill Residence
Existing Parking Terraces
Parking View -Shed Section Diagram %moo
L SEIr chitects
u.IDLAW SCHULTZ
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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Section at Ramp with Headlight Beam Spread Overlay
Headlamp Beam Spread Diagram
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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Improved Site -line Diagram
Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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Cross Section through Existing Site with Proposed Parking
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Planning Commission - October 17, 2019
Item No. 2h Additional Materials Presented At Meeting by Applicant
The Garden Office and Parking Structure (PA2019-023)
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