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HomeMy WebLinkAbout2436 WEST COAST HWY*NEW FILE* 2436 WEST COAST HWY 10 0. .CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT - (714) 644-3200 Carole M. Gould Manager, Accounting Division County Recorder's Office P.O. Box 238 Santa Ana, CA 92702 Dear Ms. Gould: Enclosed for recordation is a Covenant and Agreement to hold two parcels of land under the same ownership, and as one building site. Payment for this document is on an accounts receivable basis and will be processed for payment by the City's Finance Department within thirty (30) days, upon receipt of monthly billing from the Recorder's Office. Please refer to Account No. 010-2218 when requesting the monthly payment from the Finance Department. The enclosure has been checked as to form, notarized, and is ready for recordation. Please record the attached document and return to the Planning Department. The fees associated with recording the attached document should be $8.00 (i.e. $5.00 for the first page and $3.00 for each additional page). PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Z&% r le. �rri WILLIAM R. LAYCO Current Planning Manager WRL:cb Attachment: F.\wp51\pianning\camlyn\W RL\OffSite.Cov 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACI4- COUNCIL MEMBERS March 9, 1992 MINUTES INDEX MLL CRLL. (b) Quentin Beverly, alleging he was Beverly mauled by City police dog, beaten by police officers, falsely arrested, etc., on August 18, 1991. (c) Darcy Brewer, alleging vehicle Brewer towed in error; seeking reimbursement of parking tickets, towing charges, etc. (d) Hilda B. Dimanchef£, alleging crew Dimancheff working in front of her home installing new sidewalk damaged ilbox. (e) Ma Bell Johnson, alleging Johnson pe onal injuries as result of tri and fall on February 3, 1992 at 0 is Senior Center. (f) Gloria landro, alleging personal Malandro injurie as a result of fall on cement lkway to beach area on November 0,1991 near Inspiration -- Point. (g) Julie Stikel ather alleging damage Stikeleath• to her veh cle some time in er February, 19 as a result of overspray fro construction on Newport Bouleva d Bridge. (h) Fritzee Williams a legiug personal Williams injuries as a tea t of trip and fall over water me er box on the sidewalk at 224 'Via Lido Nord on August 22, 1991. (i) Robert a Eleanor ates for Yates property damage by Raymo Electric workmen to brick ar while installing light post be ind 128 Via Havre, on August 8, 1 1. 7. SUMMONS AND COMPLAINTS - For deni and confirmation of the City Cl k's referral to the claims adjuster: None. 8. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Refuse Yorker I, General Services Department, Refuse Division: 9. STAFF AND COMMISSION REPORTS For Council information and approval - (a) Report from the Planning Planning Department regarding a request to (68) approve an off-atre._PArkiag- grQpWMLao as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Volume 46 - Page 66 . CITY OF NEWPORT BUCA CODICIL MEMBERS MINUTES Notch 9, 1992 HIGHWAY, BETWEEN NEWPORT BOULEVARD AND SUPERIOR AVENUE. UPPER CAMPUS: 301 NEWPORT BOULEVARD, ON THE SOUTHWESTERLY CORNER OF HOSPITAL ROAD AND NEWPORT BOULEVARD (PLANNING COMMISSION AMENDMENT NO. 744); AND \- (SED ORDINANCE M0. 92-4. g. RDINANCE OF THE CITY COUNCIL HE CITY OF NEWPORT BEACH OVING DEVELOYlBSRT AGRE6I1T FOR THE BOAC HOSPITAL MASTER BETWEEN THE CITY OF NEWPORT AND HOAG MEMORIAL HOSPITAL BYTERIAN. (Report from the ing Department) and reading on March 23, v from the Consent Calendar er to agenda item 0.2 for 2. RESOLUTIONS FO ADOPTION: authorizing (a) Resoluthe forms No. the Newport Bech Public Foci Was Corporation and apprgvingg th terms of its charter for the MRM LIBRARY. (Report from the Fin& ce Director) 3. CONTRACTS/AOXXXXINTS: (a) Appro�a Cooperat Agreement with the Sanitation Di tricts of Orange County for a RA COM IRVAT1ON PROJECT to provide low flow head retrofit program for BUTT MEWPORTER BOTEL. [R ort from the UUptypiilities Department . (b) BbSPITAL for Agreement th HYOAOr SURPLUS CAS from t City's Tidelands Oil Field. [Re rt from the Utilities Department COMMgMICATIONS - For refsr 1 as indicated: MOVE. COBMCMICATIOMS - For referral to ha City Clark for inclusion in the racor s: NONE. CLAIMS FOR DAMAGES - For denial an confirmation of the City Clark'a referral to the claims adjuster: (a) Russell Aboyratnes alleging personal injuries, *to., as a result of traffic accident on November 12, 1991 at 17th Street/Wast Cliff Drive/ Irvine Avenue. Volume 46 - Page 65 PCA 744 Ord 92-4 Hoag Hsptl Mstr Pln (94) (50) O/C SD/ Hyatt Nwptr Hotel/Wtr Cnsrvtn C-2898 (38) Hoag Hsptl Surplus gas Sale C-2493 (38) (36) J, ! ip CITY 0f NEWPORT BEACH t lk MINUTES March 9, 1992 Commercial" area of the MARINERS MILE SPECIFIC PLAN AREA. Off -Site Parking Site located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. (b) Report from the General Services es Director recommending approval of (44) the SALE OF TWO SURPLUS 1988 POLICE VEHICLES to the governor of Baja California at a price of $2,507.50 per vehicle. (c) Report from the General Services Director regarding the "ADOPT -A - BEACH" PROGRAM. (d Removed from the Consent Calendar (refer to agenda item G.1 for Council action). For C oil information and filing: (a) R ort to the City Manager re rding ACTIONS TAM BY THE P G COMMISSION ON FEB ARY 20, 1992. 10. PUBLIC G SCHEDULING: None. 11. ACCEPTANCE OF RT PIER AND BALBOA PIER REPAIR; ORT PIER BENCH AND HANDRAIL REPLAC (C-2805) - Accept the work; author a the City Clerk to file a Notice f Completion; and authorize the City lark to release the bonds 35 days aft r the Notice of Completion has be n recorded in accordance with appli able portions of the Civil Code. (Repor from the Public Works Director] 12. ACCEPTANCE OF JNauorize ROAD REHABILITATION FROM BADRIVE TO FORD ROAD (C-2798) - he work; authorize the City Cfile a Notice of Completion; aorize the City Clerk to release t35 days after the Notice of Comas been recorded in accordancep licable portions of the CivilReport from the Public Works D) 13. TRACT NO. 14186 - Approve the improvement plans and specificati and accept the public improveme is constructed in conjunction with Tr t No. 14186 located at 2101 151h Strle on the southeasterly corner of 15t Street and Irvine Avenue, in Cliff Haven; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 1209671); and authorize the City Clerk to release the Labor and Materials Bond (Bond No. 1209671) in six months provided no claims have been filed. [Report from the Public Works Director) Volume 46 - Page 67 (38) Rpr Rplcm ree Rd /Bk rd Rd ,�3 3*- 0 CITY OF NEIIPORT BEAC10 March 9, 1991 a°r�E A INPAQV S UITRIM THE BAtX DRIVE RIONY'-OF-WAY ADJACENT TO 2103 B►YSIDE DRIVE - Approve an Eneroaebment Agreement permitting the construction of decorative concrete, concrete pavers and brick pavers within k Bayside Drive parkway adjacent to Bayside Drive; authorise the Mayor the City Clerk to execute the ement; and direct the City Clark to the agreement recorded with the gs County Recorder.[Report from Public storks Director] 15. CRNRNT AORERNER'T FOR NONSTANDARD T1o'lt AT 2$12 i 2816 CLIFF DRIVE A me a nonstandard encroachment agree At for maintenance and replac ant responsibility of certain nonstan rd sewer improvements for service o the subject addresses; and authoris the Mayor and City Clark to execute t a agreement and record with the Oran County Recorder. [Report from the lities Department] 16. N►RBOR APPLICATION 124-3400 BY DUNCAN NC sM - Uphold staff s reewmendati to approve request to tempozarily r to the commercial docks baywaac4 of Li Village at 3366 via Lido, subject t conditions in the staff report. [Re rt from the Marine Department] 17. ORANGE COUNTY - Upbold staff Ia recommendation to approve request to replace three taxi U. [Report from the Revenue Manager inane Department] is. SOUTH COAST CAB - Upbold staffs recommendation to a ave request to replace six and inereas three taxicabs. [Report from the Revenue nagat/Finsuca Department] 19. SPECIAL EVERTS IPPLICAT - Upbold staff a recommendation to a Application No. 92-04s - an Mc mash Co., Inc., street closure r the 19th Annual Boat show, Lido Mari Village, Via Oporto, April 22 - 26; Ap 1 30 -Nay 31992; all day, subject to nditions listed in the at report. [Report from Revenue Manager/Finance Da rtment] 20. BUDGET A30XDKCM - For approval DA-041, $14,000 - Decrees in Unappropriated Surplus and increa a in Budget Appropriations to provide for loan of funds to the Newport eh Aquatic Booster Club; Parks, Beaches nd Recreation Fund. BA-042, $500 - Tnerease in Estimate Revenue and Budget Appropriations t accept donation from the Fschanga Club of Newport Harbor for purchase of tee shirts to be given to the senior citizens at the Annual Health Fair; Parks, Beaches and Recreation Fund. [Report from the Parka, Beaches and Recreation Director] Volume 46 - Page 69 2103 Bay - side Dr (65) Dr (65) Permit Apl 124-3400 (51) 0/C Taxi (27) SoCst Cab (27) Special gvents Apl 92-048 (27) (62) ! City coult Meeting March 9. 1992 Agenda Item. No. )C�-9 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Off Site Parking Proposal Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off -Site Parking Site: Parcel 3 of Parcel Map No. 25646 (Resubdivision No. 926) located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Waterfront Homes Realty, Newport Beach OWNER: Same as applicant Application This application involves a request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section 20.30.035 D of the Municipal Code. Suggested Action If desired, approve the off=site parking proposal with the findings recommended by the Planning Commission contained in Exhibit "A" of the February 20, 1992 Planning Commission staff report. • 0 TO: City Council - 2. Planning Commission Recommendation At its meeting of February 20, 1992, the Planning Commission voted (6 Ayes, 1 Absent) to recommend the approval of the subject off -site parking proposal to the City Council. Copies of the Planning Commission staff report and an excerpt of the Draft Planning Commission minutes are attached for the Council's information. Respectfully Submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director Senior- M&BaRllard Planner Attachments: (For City Council Only) Planning Commission Staff Report with Attachments, dated February 20, 1992 Excerpt of the Draft PlanningCommission Minutes, dated February 20, 1992 Site Plan, Elevation, Floor Plans and Section Bill-W\UP\WTRF Mopa 0 Planning Commission Me• g February 20 1992 Agenda Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Off-SiOff-Sitf, Parking Proposal (Discus is on1 Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off -Site Parking Site: Parcel 3 of Parcel Map No. 256-46 (Resubdivision No. 926) located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Waterfront Homes Realty, Newport Beach OVER: Same as applicant Annl� 1Catlon pprove an off -site parking proposal so as to provide This application involves a request to a required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section 20.30.035 D of the Municipal Code. Fnviro�ISW icance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1(Existing Facilities). 3 TO: Planning Commission - 2. nforman with th General Plan and i ncal C^anal Proeram Lind Use P of the General cal design te the The Land Use Elements Service Commercial" uses.an aThe subnd the ject project is a permit ed use awithin site for this designation. The Land Use Element hasalsos seet established area floor arreafic aratiouse (F.A.R.) throughout the City. 'These "area" Poi Based on such policy, the Base development limit of 0.5/0.75 for the subject property. is square feet (13,500 sq.ft. x 0.5 = Development Allocation of the subject property 6,750 sq ft.) The existing structure and proposed addition whic will the Base Development (5,297 sq.ft.1 _ 13,500 sq.ft. = 0.392 FAR), Allocation for the site. � Proo **i and Surronndine Land yes The subject property is comprised of two parcels of land, one of which fronts upon West Coast Highway (Parcel 1) and is developed with a 4,258± square foot office building, and the second (Parcel 2), which is a land locked parcel located directlyrea g adjacent approximately northerly of Parcel 1 and which is improved as a paved parking that the off -site parking location was established as parking spaces. It should also be noted a single parcel in conjunction with the Planning Commission's approval la ning C mmiss on 926. Inasmuch as it was approved as a land locked parcel, the Planning is combined by imposed a condition which prohibits any d VeoP frontionf fronting West Coast he site unless Highway To the means of a parcel map, with an adjoining property north is the access drive to the Mariner's Mile Municipal Parking Lot with residential uses beyond , on Cliff Drive at the top of the l isf the Mariner's MileoM ; to the east, is a batsarmegCenterrtorae andeand to the to the south, across West Coast High Y, west is the Sonship Christian Book Store. An"IvUi licant is ro osing to expand the existing office As shown on the attached plans, the app ' proposing building on Parcel 1 by enclosing an existing covered parking area which contains 6 parking spaces. Said enclosure will include 976.5 square feet and will increase the net floor area of the building to 3,986 square feet. x it ' n yr oozed Off -Street Parli�n Based on the current commercial parking requirement of one parking space for 250 square feet of floor area, the subject building, with the proposed addition, will require 16 parking spaces. Inasmuch as there will only be 8 parking spaces remaining on the building site, the i The existing gross floor area shown on the attached plans is incorrect inasmuch as exterior stairs and balcony were included by the applicant in the gross floor area calculation PJ TO: Planning Commission - 3. applicant is requesting to provide the remainder of the required parking (8 spaces) on an adjoining parcel which is also owned by the applicant. As indicated previously and as shown on the attached plans, the off -site parking area will contain 22 parking spaces which is more than sufficient to satisfy the applicant's parking requirement in this case. It should also be noted that inasmuch as the off -site parking location is in the same ownership as the building site, a formal off -site parking agreement willnoilie r required td. o insure the continued availability of the off -site parking, the applicant record a covenant against Parcel 2 which will require the property to remain in the same ownership as Parcel 1, and that the site maintain a minimum of 8 parking spaces for the duration of the office building use on Parcel 1. Rom"." " Pd Findines In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in conjunction with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee of a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval to form and content execute the a written instrument or instruments, approved City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. Inasmuch as the parking proposal is not a formal parking agreement, item (c) and (d) above will be satisfied by the recordation of a covenant as mentioned above. Staff has no objections to this proposal inasmuch as the off -site parking area has direct vehicular and pedestrian access to the building site, and its use will minimkze any pedestrian and traffic safety concerns normally associated with off -site parking. TO: Planning Commission - 4. Should the Planning Commission wish to approve this off -site parking proposal, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff has not included an exhibit for denial inasmuch as all of the necessary findings can be reasonably be made in this case and the related construction conforms with the requirements of the General Plan, Local Coastal Program and the Zoning Code. However which may provide , there may be additional information presented at the Planning Commission grounds for denial of the application. PLANNING DEPARTMENT DAMES D. HEWIC EP, Director � W. William Ward w Senior Planner Attachments: Exhibit "A" Vicinity Map Site Plan, Elevation, Floor Plans and Section 0 TO: Planning Commission - 5. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR OFF -SITE PARKING �TOSAL INVOLVING VOLVIN HIGHWAY AT 2436 EindingL 1. That the off -site parking location is located so as to be useful in conjunction with the proposed use or uses on the building site. 2. That the use of the off -site parking location in this case will not create undue traffic hazards in the surrounding area. 3. That the off -site parking location and the building site are in the same ownership, and the owner or owners are entitled to the immediate possession and use thereof for parking purposes. 4. The owner or owners, upon the approval of City Council, rconitutend to execute a written ent by the City Attorney, instrument or instruments, approved as to form and providing for the common ownership of the building site (Parcel 1) and the off -site parking location (Parcel 2) as well as the maintenance of eight (8) off-street parking spaces on the off -site parking location for the duration of the office uses on Parcel 1. 5 That eof thecl improvements econflict acquired by the public at oaccess through or use f property within the proposed development. Condit 1. That prior to the issuance of building permits, the owneror ownerso, form and upon the approval of the City Council, shall record a covenant, approved content by the City Attorney, which shall: guarantee that Parcel 1 and Parcel 2 remain in the same ownership and as one building site and that a minimum of eight (8) off-street parking spaces shall be provided on Parcel 2 for the benefit of Parcel 1 throughout the duration of the office uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such covenant shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. 2. Prior to the issuance of building permits, the applicant shall obtain the City Councirs approval of this off -site parking proposal, as required by Section 20.30.035 D of the Municipal Code. 7 TO: Planning Commission - 6. 3, Prior to the issuance of building permits, the, applicant shall obtain Coastal Commission approval of the proposed addition to the existing office building. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5, That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 6, That the driveway between the existing parking lot and the off -site parking lot shall maintain a minimum width of 24 feet, and be paved with asphalt over aggregate base per City standards. III SEE HAe NB. S t. .L CLIFF9-1 PARK DRIVE 15, �P Q b L / .5 p �� 2° SP�'fP zao r •._s P 4 fir" yP sSA +. ��\\ a• 65-T aav y+5 � piww/L � yy d \ O \ W 4 J 8 C:•1.1'1 � � 0 C-I-H \o h - c \ m 1 \ c C 1-N yza:alr 1" tlf H/r •UO.O E:=- FEET SCALE teo ue e» L� DISTRICTING NPORT BEACH a.GRICULTURAL Resio TMU. SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIAL TIES& NIILTIPLE MANLY RESIDENTIAL COMOINING DISTRICTS____.,.,_ ^ MAP LIFORNI NWIPLE RESIDENTIAL LICNT COMNEACLLL GENERAL COMMERCIAL MANUFACTURING / OR OE • February 20, 1992 MINUTES COMMISSIONERS r DRAFT A ftCITY OF NEWPORT BEACH INDEX I ROLL CALL Motion Ayes Absent Item 2 Request to approve an off -site parking proposal so as to provide off -site required off-street parking on an adjoining parcel in conjunction Parking with alterations and additions to an existing office building located Proposal in the "Retail and Service Commercial" area of the Mariner's Mile Snecific Plan Area. Building Site: A portion of Lot A, Tract No. 919; Off -Site Parking Site: Parcel 3 of Parcel Map No. 256-46 (Resubdivision No. 926) located at 2436 West Coast Highway, on the northerly side of West' Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. SP-5 Waterfront Homes Realty, Newport Beach Same as applicant Gil Forrester, applicant, appeared before the Planning nission, and he concurred with the findings and conditions in At "A". was made and voted on to approve Off -Site Parking I according to the findings and conditions in Exhibit "A". N CARRIED. That the off -site parking location is located so as to be useful in conjunction with the proposed use or uses on the building site. That the use of the off -site parking location in this case will not create undue traffic hazards in the surrounding area. I on io (^— � i • February 20, 1992 MINUTES COMMISSIONERS ®RAFcT CITY OF NEWPORT BEACH INDEX (ROLL CALL 3. That the off -site parking location and the building site are in the same ownership, and the owner or owners are entitled to the immediate possession and use thereof for parking purposes. The owner or owners, upon the approval of City Council, intend to execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the common ownership of the building site (Parcel 1) and the off -site parking location (Parcel 2) as well as the maintenance of eight (8) off-street parking spaces on the off -site parking location for.the duration of the office uses on Parcel 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. That prior to the issuance of building permits, the owner or owners, upon the approval of City Council, shall record a covenant, approved as to form and content by the City Attorney, which shall: guarantee that Parcel 1 and Parcel 2 remain in the same ownership and as one building site and that a minimum of eight (8) off-street parking spaces shall be provided on Parcel 2 for the benefit of Parcel i throughout the duration of the office uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such covenant shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. -7- MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 2. Prior to the issuance of building permits, the applicant shall obtain the City Council's approval of this off -site parking proposal, as required by Section 20.30.035 D of the Municipal Code. 3. Prior to the issuance of building permits the applicant shall obtain Coastal Commission approval of the proposed addition to the existing office building. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the driveway between the existing parking lot and the off -site parking lot be a minimum of 24' wide and be paved with asphalt over aggregate base per City standards. Use Permit No. 1711 Amended Public Hearin Item No.3 Request to amend a approved use permit that permitted UP1711A previously restaurant now known as the the expansion of an existing Warehouse Restaurant which included on -sale alcoholic beverages, Approved dancing and live entertainment in the C-1-H District. The proposal in des a request to add .12 billiard tables to the existing t facility which will be located within the existing "net estau public area the restaurant. The proposal also includes a request o allow the sec o floor of the restaurant to be used for billiards during the day, where he existing use permit prohibits the use of the second floor during t day, Monday through Friday. A 9 month review of the existing re rant operation is also included, as required by the Planning Commi ' n. -8- �a oebruary 20, 1992 MINUTES COMMISSIONERS ROLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH INOEx Request to approve an offsite parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. Building Site: A portion of Lot A, Tract No. 919; Off -Site Parking Site: Parcel 3 of Parcel Map No. 256-46 (Resubdivision No. 926) located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. SP-5 Waterfront Homes Realty, Newport Beach Same as applicant Gil Forrester, applicant, appeared before the Planning nission, and he concurred with the findings and conditions in )it "A". was made and voted on to approve Off -Site Parking according to the findings and conditions in Exhibit "A". N CARRIED. That the offsite parking location is located so as to be useful in conjunction with the proposed use or uses on the building site. That the use of the offsite parking location in this case will not create undue traffic hazards in the surrounding area. Irol Item 2 off -site Parking Proposal 3 *ebruary20, 1992 MINUTES COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH INDEX That the off -site parking location and the building site are in the same ownership, and the owner or owners are entitled to the immediate possession and use thereof for parking purposes. The owner or owners, upon the approval of City Council, intend to execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the common ownership of the building site (Parcel 1) and the off -site parking location (Parcel 2) as well as the maintenance of eight (8) off-street parking spaces on the off -site parking location for the duration of the office uses on Parcel 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. That prior to the issuance of building permits, the owner or owners, upon the approval of City Council, shall record a covenant, approved as to form and content by the City Attorney, which shall: guarantee that Parcel 1 and Parcel 2 remain in the same ownership and as one building site and that a minimum of eight (8) off-street parking spaces shall be provided on Parcel 2 for the benefit of Parcel 1 throughout the duration of the office uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such covenant shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. -7- • Webruary 20, 1992 MINUTES COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH INDEX 2. Prior to the issuance of building permits, the applicant shall obtain the City Council's approval of this off -site parking proposal, as required by Section 20.30.035 D of the Municipal Code. 3. Prior to the issuance of building permits the applicant shall obtain Coastal Commission approval of the proposed addition to the existing office building. That all improvements be constructed as required by Ordinance and the Public Works Department. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That the driveway between the existing parking lot and the off -site parking lot be a minimum of 24' wide and be paved with asphalt over aggregate base per City standards. k # # Item No.3 quesiby end a previously approved use permit that permitted 21711A exn an existing restaurant now known as the roved firehestaur which included on -sale alcoholic beverages, icinglive entertai ent in the C-1-H District. The proposal luderequest to ad billiard tables to the existing taurcility which will be Gated within the existing "net blic of the restaurant. The pro sal also includes a request allosecond floor of the restauran be used for billiards ring y, whereas the existing use permit hibits the use of secoor during the day, Monday throu riday. A 9 mth of the existing restaurant operation is als cluded, requy the Planning Commission. r U Planning Commission teeting February 20, 1992 Y Agenda Item No. 2 CITY OF NEWPORT BEACH TO. Planning Commission FROM: Planning Department SUBJECT: Off -Site Parking PrWosal (Discussion Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: Building Site: A portion of Lot A, Tract No. 919. Off -Site Parking Site: Parcel 3 of Parcel Map No. 25646 (Resubdivision No. 926) located at 2436 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: -SP-S APPLICANT: Waterfront Homes Realty, Newport Beach OWNER: Same as applicant Application This application involves a request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. Off -site parking provisions are set forth in Section 20.30.035 D of the Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1(Existing Facilities). TO: Planning Commission - 2. a / 1 M11 1 .Ili The Land Use Elements of the General Plan and the %cal Coastal Program designate the site for "Retail and Service Commercial" uses. The subject project is a permitted use within this designation. The i..and Use Element has also established area specific land use policies throughout the City. These "area" policies set a flexible floor area ratio (FAR) development limit of 0.5/0.75 for the subject property. Based on such policy, the Base Development Allocation of the subject property is 6,750 square feet (13,500 sgft. x 0.5 = 6,750 sgft,) The existing structure and proposed addition will maintain an F.A.R. of 0.392 (5,297 sq ft.' _ 13,500 sq ft. = 0,392 FAR), which conforms to the Base Development Allocation for the site. �tMT,r.jj'4To 1' . 1 II&I/ T M 1 1 IRFM The subject property is comprised of two parcels of land, one of which fronts upon West Coast Highway (Parcel 1) and is developed with a 4,258t square foot office building, and the second (Parcel 2)9 which is a land locked parcel located directly adjacent and northerly of Parcel 1 and which is improved as a paved parking area containing approximately 22 parking spaces. It should also be noted that the off -site parking location was established as a single parcel in conjunction with the Planning Commission's approval of Resubdivision No, 926. Inasmuch as it was approved as a land locked parcel, the Planning Commission Imposed a condition which prohibits any development of the site unless it is combined by means of a parcel map, with an adjoining property fronting on West Coast Highway. To the north is the access drive to the Mariner's Mile Municipal Parking Lot with residential uses beyond, on Cliff Drive at the top of the bluff; to the east, is a boat storage and repair yard; to the south, across West Coast Highway, is the Mariner's Mile Marine Center; and to the west is the Sonship Christian Book Store. Analysis As shown on the attached plans, the applicant is proposing to expand the existing office building on Parcel 1 by enclosing an existing covered parking area which contains 6 parking spaces. Said enclosure will include 976.5 square feet and will increase the net floor area of the building to 3,986 square feet. 1 / 1 / � 1 41n / • A •� 1 ' Based on the current commercial parking requirement of one parking space for 250 square feet of floor area, the subject building, with the proposed addition, will require 16 parking spaces. Inasmuch as there will only be 8 parking spaces remaining on the building site, the ' The existing gross floor area shown on the attached plans is incorrect inasmuch as exterior stairs and balconywere included by the applicant in the gross floor area calculation • TO. Planning Commission - 3. applicant is requesting to provide the• remainder of the required parking (8 spaces) on an adjoining parcel which is also owned by the applicant. As indicated previously and as shown on the attached plans, the off -site parking area will contain 22 parking spaces which is more than sufficient to satisfy the applicant's parking requirement in this case. It should also be noted that inasmuch as the off -site parking location is in the same ownership as the building site, a formal off -site parking agreement will not be required. To insure the continued availability of the off -site parking, the applicant will be required to record a covenant against Parcel 2 which will require the property to remain in the same ownership as Parcel 1, and that the site maintain a minimum of 8 parking spaces for the duration of the office building use on Parcel 1. Required Findim In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in conjunction with the proposed use or uses on the building site or sites. i (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee of a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. Inasmuch as the parking proposal is not a formal parking agreement, item (c) and (d) above will be satisfied by the recordation of a covenant as mentioned above. Staff has no objections to this' proposal inasmuch as the off -site parking area has direct vehicular and pedestrian access to the building site, and its use will minimize any pedestrian and traffic safety concerns normally associated with off -site parking. TO: Plig Commission - 4. • Should the Planning Commission wish to approve this off -site parking proposal, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff has not included an exhibit for denial inasmuch as all of the necessary findings can be reasonably be made in this case and the related construction conforms with the requirements of the General Plan, Local Coastal Program and the Zoning Code. However, there may be additional information presented at the Planning Commission meeting which may provide grounds for denial of the application. PLANNING DEPARTMENT JAMES(D/ H/E�WIICK�ER�, Director �////�j 1/�' //�� -,- i f/ AO fl / I• w A I I 11 1 W. William Ward Senior Planner Attachments: Exhibit "A" vicinity Map Site Plan, Elevation, Floor Plans and Section TO: Planning Commission - 5. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR OFF SITE PARKING PROPOSAL INVOLVING PROPERTY AT 2436 WEST COAST HIGHWAY Findings 1. That the off -site parking location is located so as to be useful in conjunction with the proposed use or uses on the building site. 2. That the use of the off -site parking location in this case will not create undue traffic hazards in the surrounding area. 3. That the off -site parking location and the building site are in the same ownership, and the owner or owners are entitled to the immediate possession and use thereof for parking purposes. 4. The owner or owners, upon the approval of City Council, intend to execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the common ownership of the building site (Parcel 1) and the off -site parking location (Parcel 2) as well as the maintenance of eight (8) off-street parking spaces on the off -site parking location for the duration of the office uses on Parcel 1. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Conditions' 1. That prior to the issuance of building permits, the owner or owners, upon the approval of the City Council, shall record a covenant, approved as to form and content by the City Attorney, which shall: guarantee that Parcel 1 and Parcel 2 remain in the same ownership and as one building site and that a minimum of eight (8) off-street parking spaces shall be provided on Parcel 2 for the benefit of Parcel 1 throughout the duration of the office uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking regulation applicable at the time shall apply. Such covenant shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. 2. Prior to the issuance of building permits, the applicant -shall obtain the City CounciPs approval of this off -site parking proposal, as required by Section 20.30.035 D of the Municipal Code. TO: Pla Commission • 6. 9 Y� 3. Prior to the issuance of building permits, the applicant shall obtain Coastal Commission approval of the proposed addition to the existing office building. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5, That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 6. That the driveway between the existing parking lot and the off -site parking lot shall maintain a minimum width of 24 feet, and be paved with asphalt over aggregate base per City standards. SCALE �OFFEET UD CLIFF DRIVE ARK SEE MAP NO.S ffE MAI NO. 6 DISTRICTING NPORT BEACH — R-9 AGRICULTURAL RESIDENTIAL SINGLE FAMILY RESIDENTIAL C—f C-2 DUPLEX RESIDENTIAL REST*. MULTIPLE FAMILY RESIDENTIAL M—I COABINING DISTRICTS MAP ALIFORNI MULTIPLE RESIDENTIAL LIONT COMMERCIAL GENERAL COMMERCIAL MANUFACTURING I OR OE 7- T E 2 1: 1 3 P C A- S cI a n u� 8 e a c h P. 0 2 ;FONT NO1ES #Y TEI No.714-631-:042 D*17.91 10.28 N0.003 P.03-: RECORDING REQUESTED BY AND WHEN RECORDED MAIL To: California Coastal Commission 631 Howard St., 4th Floor w San Francisco, CA 94105 Attention: Legal Department Permit No. 5-90-•602 DE0LhRATXON OIF PXS2RTCT3:ONS This Declaration of Restrictions ("Dealaratiowl) is made on 19, 1990 ("Agreement Date"), by GILBERT G. FOERSTER and PATRTCIA J. FOERSTER, hereinafter collectively referred to as "Declarant". RECITALS A. WHEREAS, pursuant to the California Coastal.Act_of 1976 (hereinafter referred to as the "Act"), JOHN JAY JAKOSKY, III, and L70NN JAY JAKOSKY, JR. & JOHN JAY 4IAKUSKY, 111, CO -TRUSTEES OF JAKOSKY TRUST B, DATED JULY 28, 1969 (collectively hereinafter the "Applicant") previously applied to the California Coastal Commission (hereinafter referred to as "oommission") for a permit to undertake resubdivision within the coastal zone of orange County (her(;inafter the "Permit") of that certain real property owned -by Applicant as of the Agreement Date which is located in the City of Newport Beach, County of Orange, State of California and legally described in attached Exhibit "Atl which is incorpo- rated herein by this reference ("Applicant Property"), whereby three (3) separate parcels would thereby be created: and JAKRCSTL.FR6 9112/90 D E C- 1 7- S 1 T U E ATERNFRONT HONES #1 2 1: 1 4 P C A- S o I a n a- Be a c h P. 03 , TE•Vo.714-E;3'i.-`44'2 Do17.gi 10:23 N0.003 P.O�< effects of the proposed resubdivision of the Applicant Property; and V. WHEREAS, in its decision on the Permit the -Commission, acting on behalf of the People of the state of California and pursuant to the Act, granted the permit to the Applicant,upon condition (hereinafter the ncondition°) requiring inter alia that Applicant cause beclarant to recombine and unify the subject Property into a single parcel for all purposes with respect to the lands in- cluded therein, including but not limited to sale, conveyance, development, taxation or encumbrance; and G. WHEREAS, the Commission has placed the Condition on the Permit because a finding must be made under California Public Respurces Code section 30604(a) that the proposed resubdivision is in conformity with the provisions of Chapter 3 of the Act and that in the absence of the protections provided by the Condition, said finding could not be made; and 11, WHEREAS, Applicant has elected to comply with the condition and has contracted with Declarant and, in return for valuable consideration granted by Applicant to Deolarant, receipt of which is hereby acknowledged, Declarant has agreed to execute and record this Declaration so as to fulfill the condition, thus allowing Applicant to undertake resubdivision of the Applicant Property authorized by the Permits and a. wHEREAS, Declarant intends that this Declaration recombine and unify the subject Property in lieu of a more costly and 0 r'- T E 5 PCr�-So I ar.a-�8ea-'I I FR6N� 4k, S #Y IE�L e.7i4-63 7_0442 De 'I� 91 10:28 NO.UU6 N.UTO lengthy map procedure pursuant to the California subdivision Man Act ('Map Aetl'), which would bo undertaken but for costs and time delays; and a. WHBR$;iS, it is intended that this Declaration be perpetual and constitute enforceable restrictions within the meaning of Article XIII, Section 8 of the California constitution and that this Declaration thereby qualify -as an -enforceable restriction under the provision of the California Revgnue and Tax i Code, section 402. NOW THBREFORE, in consideration oft (i) the benefit to the Declarant as a consequence of the grant of the permit to the Applicant; (ii) Applicant's grant of valuable consideration to. •. the Deolarant; and (iii) the ability of the Declarant to recom- bine and unify the Subject property without proceeding by the more lengthy and costly map procedure pursuant to the Map Act, Declarant hereby agrees, from and after the date that this Deola^ ration is recorded in the orricial Records of orange county, California, that: 1. All Dortions of Parcel 3 shall be combined and unified with the Declarant Property so that Parcel 3 shall be considered as part of the Declarant Property; 2. Declarant acknowledges that Parcel 3 shall not be divided, encumbered., conveyed, developed or otherwise alienated separately or apart from the Declarant Property. 4 D E C- 1 7 -'9 1 T U E 2 1: 1 6 P C A- S a l a n a a Eye a c-h P.03 WATERFRONT HONES #1 TENo.714-631••?,44'2. D* 17,91 10:28 No.003 P.08'.1 7. The combination of Parcel 3 with the Declarant Property pursuant to this Declaration shall: (a) in no way hinder or restrict further development oftheDeclarant Property; and (b) not necessitate any modifioation of the configuration, appear- ance, use or size of the existing improvements presently located on the Declarant Property; and S. This Declaration will not modify, amend, expand, cancel, reduce or otherwise affect the terms,,conditions or security of any trust deed or other encumbrance which: (a) is already of record as of the recordation of this Declaration; and (b) de- scribes all or any portion -of the Subject Property. If any provision of this Declaration shall be held to be invalid or for any reason become enforceable, then no other provision shall,be thereby affected or impaired. Executed by Declarant at Newport Beach, California. l DECLARANT: APPROVED As To FORM AND CONTENT BY d , Jn.'�n, �ot�ers tsE,i•• Cnnnsel ON BEHALF OF THE CALIFORNIA CbASTAL CO SS QN"ON'�-�%'"" 1990. G I. T U E: 21.; 17 PCA-So 1 ana->Beaoh P. or. ,WRTE�RFRONT HOMES #1 TF*No.714-631-�,42 D1017','91 10:28 No.003 P.09" STATE OP CALIP'OM41A 53. COUNTY OF ORANGE On /_ __. , 1990, before me, the undersigned, a Notary Public in and for said State, personally,appeared GILBERT G. FOERSTER and PATRI.CIA J. FOERSTER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument, and they each ac- knowledged to me that they eaoh executed the within Instrument. WITNESS my hand and official seal. N tart'rukljo CIAL UAL JANFIREAGAN NOTARY PUBIC •CAIFORNIA /SEAR,/ '�"• PRINCIPAL tCOWIM IN WN y MY tDf 1M1UtOn EYP 01Y M 1991 STATE OF CALIFORNIA County of San Francisco On +YGI,d1990, before me Deborah L. Bove , a Notary Public, personally appeared __John Bowers , personally known to me (or proved to me on the basis of sa'tisfac- �they evidence) to be the person who executed this instrument as Of -off r.,"gP1 and authorized representative Of the CALIFORNIA COASTAL COMMISSION and acknowl- edged to me that the CALIFORNIA COASTAL COMMISSION executed it. WXTNESS my hand and official seal. OF.BORAH L, BOVE ( NOTARY PUBLIC*LIFORNIA CITY&COUNTY OF L Notary Public � w SAN FRANCIX0 r I�jCommi cnYsph;ftI05094,1991 7 a WHEREAS, Owner has applied for, and obtained from the City of Newport Beach ("City"), approval of an off -site parking arrangement so as to permit the construction of additional office development on Parcel 1; and WHEREAS, in accordance with Section 20.30.035 of the Newport Beach Municipal Code the Planning Commission and the City Council has determined that the use of Parcel 2 for off -site parking for the benefit of Parcel 1 is acceptable inasmuch as: (1) Parcel 2 is so located as to be useful in connection with the proposed uses on Parcel 1. (2) Parking on Parcel 2 will not create undue traffic hazards in the surrounding area. (3) Parcel 1 and Parcel 2 are in the same ownership, and the owner is entitled to the immediate possession and use thereof. (4) The City has required, and the Owner has agreed to record a Covenant guaranteeing that Parcel 1 and 2, the ('Property"), remain in the same ownership and as one building site, throughout the duration of the proposed uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. YIEC-Y7-91 PACMCCOAST ARCIMICTS 6OSOOTHST'207 NEWPORT BEACH C A 9 2 6 6 3 t714) 675 946a FAX 675 6234 TIDE 21 : 13 P. 01 �I:tSty+'tZE�1`�`�� t�� U U �UU ©tt'. U WIfJUV�IMJ� t1 UL°�l� Slt�1 f}F C i b �tAl Jtzf�yk-- TO: %11191 t10t1i1 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter P Attached O Under separate cover via ,� the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ ��___ ralia. � /• iI r i l � r ( i J. � THESE ARE TRANSMITTED' as chocked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY SIGN_D: PACIFIC COAST ARCHITECTS January 21, 1992 Bill Ward,,senfor planner Planning Dept, s ti ,..... __a City of Newport Beach 3300 Newport Blvd. Newport Beach, Calif.. 92659 t i re: parking agreement for phase one remodel of existing Waterfront 'Homss Real Estate office building at 2.436 W. Coast Highwq, Mr. Ward: Please aceept'ihls letter as an appliroatmin for a•parking agrcrament to allow the phase one remodel of this,projeot as described on the ditached drawings. The owners are requesting#hat the -City allow the use of Parcel 3 for the additional narking required to"meet the City's zoning requirements•for the size of not office "space proposed. The legal Amer iptions of the two properties involvedare as follows: ( i ) Parcel 3 of Parcel Map 90-173, (2) Portlon cf Lot A, Tract No, 919 known as Waterfront Realty . Both -parcels are our'rently owned by Gilbert -and Patricia Foerster, owners of Waterfront Herpes Realty, If you have any questions or dssire additional information, please call me at 619-765-1882.-or 714-67.5-9468. Respectfuily submitted, Jay Brian Evarts, project architect cc: Reber t Trown 505 30TH ET •207 NEWPORT BEACH C A 9 2 6 6 3 >r II.1 JAN 2 7 1992 (7141 675 946B • CITY OF Will PORT BEACH FAX 675 B234 .TAN-22-52 PAG"tFIC COAST ARCHITECTS WED 2tlVru MCA -So 1 ana-�8e�h P @i i PLAN 'DEPARTM9NT= CITY OF NEWPORT BEACH 1L[EIME 3 OF 4G°3G�1Gr1�G,Ofl`1�4/ALl - AM JAN 2 3 1992 Phi I\ 8 2 DAT[ �7 3 r12 JG. HC. 7A9101u11211121314150 ATTENTION {, iw 6✓�zD •n,..� . i To: d SOS 30TH eT-207 �'rly' {� NEWPORT BEACH A 1 1 DID I ��✓�'P iJ(J(���f� 0 A 9 2 6 6 3 ^^^"'TTT 4714) 675 9468 FAX 675 8234 i WE ARE SENDING YOU Attached ❑ Under separate cover vta the following Items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ THESE ARE TRANSMITTED as checked below: For approval ❑ For your use ❑ As requested For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑'PRINTS RETURNED AFTER LOAN TO US COPY SIGNED: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHEREAS, Gilbert Foerster ( "Owner") Is the Owner of real property commonly known as 2436 West Coast Highway in the City of Newport Beach, County of Orange. State of California (the "Property"), which 1s legally described as follows: PARCEL 1: Portion 2 Lot A. Tract1,32, 919 33 and 34nas Waterfront of M seellaneous Maps, Rshown ecords of Orange County, recorded in Book 29, pages California. PARCEL 2: Parcel 3 of Parcel Map 90-173 in the City of Newport Beach, County of Orange, State of California, as filed in Book 256, pages 25 and 261n the Office of the County Recorder of said County. WHEREAS, Owner has applied for, and obtained from the City of Newport Beach ( "City"), approval of an off -site parking arrangement so as to permit the construction of additional office development on Parcel 1; and WHEREAS, in accordance with Section 20.30.035 of the Newport Beach Municipal Coda the Planning Commission and the City Council have determined that the use of Parcel 2 for off -site parking for the benefit of Parcel i is acceptable inasmuch as: (1) Parcel 2 is so located as to be useful in connection with the proposed uses on Parcel 1. (2) Parking on Parcel 2 will not create undue traffic hazards in the surrounding area. (3) Parcel I and Parcel 2 are In the some ownership, and the Owner is entitled to the immediate possession thereof (4) The City has required, and the Owner has agreed to record a Covenant guaranteeing that Parcels i and 2, ( the "Property"), remain in the same ownership and as one building site, throughout the duration of the proposed uses on Parcel 1. Should a change in use or additional use be proposed, the off-street parking fcat the time ndlcoshInstruments filed shall e recorded In the office of the County Recorder acopies with the Planning Department. page 2/2 NOW, THEREFORE, in consideration of the approval of the use of Parcel 1, Owner hereby declares that the Property shall be subject to the following covenants, conditions and restrictions♦ - 1, That Parcels 1 and 2 shali remaK in the same ownership and shall be bound together as one building site as specified on the site plan approved by the Planning Commislon on 2. The covenants, conditions and restrictions contained in this declaration shall -commence on the date it is recorded and shall not terminate until such time as all the uses on.the Property cease and the Owners cause a Notice of Termination of this Declaration to be served on the City Attorney and recorded in the Office of the Recorder of Orange County, California. In the event a Notice of Termination of this Deolaratin is recorded, no use shall occur on the Property unless and until all necessary approvals have been obtained from the City. 3. The covenants; conditions and restrictions contained in this Declaration shall run with the Property and bind the successors and assigns of Owes subject only to the termination provisions of item 2. This Declaration shall bind all Parties claiming an interest in, or a right to operate the building, through written or oral agreement with Owners or their successors or assigns, and such persons are bound to conform to, and observe, all restrictions on the use of the Property contained within this Declaration, 4. The terms and conditions of this Declaration shall not be amended except by a writing signed by Owners, or their successors and the City. IN WITNESS WHEREOF, the Parties hereto have caused this Declaration to be executed on the day and year first above written, OWNERS STATE OF CALIFORNIA COUNTY OF ORANGE On , 1992, before me, the undersigned, a Notary Public to and for the State of California personally appeared known to me, or proved to me on the basis of satisfactory evidence, to be the person (s) whose names are subscribed to this Agreement and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and for said State E February 4, 1992 TO: PLANNING DEP FROM: PUBLIC WORKS SUBJECT: OFF -SITE PARKING AGREEMENT - WATERFRONT HOMES 2436 WEST COAST HIGHWAY FINDINGS & CONDITIONS OF APPROVAL FINDINGS: 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. CONDITIONS: 1. That all improvements be constructed as required by Ordinance and the Public Works Department. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3, That the driveway bhtween the existing parking lot and the off -site parking lot be a minimum of 24' wide and be paved with asphalt over aggregate base per City standards. PLAN-COM\P-2436.WCH T s CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST _ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT (KT— —-IC-EITGINEEIF _FIRE DEPARTMENT _BUILDING DEPARTMENT _PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY GRADING Date: January 31, 1992 C=X-PL-AKS:7&�- C�ED(PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Waterfront Homes Realty FOR: Off -Site Parking Agreement DESCRIPTION: Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: 2436 West Coast Highway REPORT REQUESTED BY: February 10, 1992 COMMISSION REVIEW: February 20, 1992 RECErvr. , u CITY OF NEWPORT BEACH AM FEB 111992 PM 718191101ll112111213141516 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST ADVANCE, PLANNING DIVISION PUBLIC W_ORKSrDEPARTMENT X_TRAFFIC ENGINEER _FIRE DEPARTMENT BUILDING DEPARTMENT _PARKS & RECREATION _POLICE DEPARTMENT _MARINE SAFETY GRADING Date: January 31. 1992 X-PI:ANS-A —r-ACHED-(-PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Waterfront Homes Realty FOR: Off -Site Parking Agreement DESCRIPTION: Request to approve an off -site parking proposal so as to provide required off-street parking on an adjoining parcel in conjunction with alterations and additions to an existing office building located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. LOCATION: 2436 West Coast Highway REPORT REQUESTED BY: February 10, 1992 COMMISSION REVIEW: February 20, 1992 COMMENTS: 47'4C111"R�� February 41 1992 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS SUBJECT: OFF -SITE PARKING AGREEMENT - WATERFRONT HOMES 2436 WEST COAST HIGHWAY FINDINGS & CONDITIONS OF APPROVAL FINDINGS• 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. CONDITIONS• 1. That all improvements be constructed as required by Ordinance and the Public Works Department. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3. That the driveway between the existing parking lot and the off -site parking lot be a minimum of 24' wide and be paved with asphalt over aggregate base per City standards. PLAN•COM\P-2436ACH N3R°�EI�!yu� 290• �H ,.,, ;� ' �.; ,: •.` `�`''�. ��`sr�-•; � �_�. r�� f -1 ti� ,y � � ,.�.v •`•:.��' �i'.` : �-:'•' , A;' V v� ����,���, }53o s.Pa� ;�\`1� �� �. - - � 3L'1 31 'S° � 2l ti$ � ` a;� ' - 1 \ � \ `ti � — N9 UO 5•Y� ,,,, .*( - f " zZ_.�➢'J � 10� � 5.]' , . � �, ': , � �>• c— .I� � ` \.�� ,�,,ti �? �. ; !1A7�'71�hP�.% _ _ '� _' _ - rcxl�T I '1.,���'. v � \�'��,�1�� ��� '•�'\�`��a: —\� ti+� �•_Z�U�+-Pry333G'sY•,� �_- ZL J 2go.m4' Q FF- a 3 v u - - ! A u' o T..SI� a� .5 x 30 610 s.> IS 306 _E.i4S• . GR b1�Czh (001,.r� t i(k?7. ? 611drS(m 116 f,i PWO Ti j ji^ 2� I-ailkisf. g�7: • t��T �p fry. 3`l D6 5.�. (Fi�+� our {t4l} 10 'g o 2 (0 5•P� {JET -:' 25v S.P�Gdr = �-15F,��� � � N fir, o G/jU I5t hdOx. �ET .1343.5 F. Psi 9N� �IA�i~ h1F�T a . �sig s,r• • �' ' �J6Td(A�- Ss•51 . � aov rrlsT t fF�``�- i 502� 4-I`• � — � � n --,Iota µE,-( �q6� s•F- =• $y0 — 31 • o4j � 32 hPMs.'. .�' FAVINv f%>z _ 15�10� �.F 10 - I La,4tihGa(- a O1c� _ Iq�� h.F•(w�i�IN 3 OIMtGN5lR1> E * _ 92-163622 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA -IW AM MIST aew amaww'414ECOMM RECORDING REQUESTED BY: AND RETURN TO: CiTY OF NEWPORT BEACH PLANNING DEPARTMENT M NEWPORT BOULEVARD P.Q, BOX 1768 NEWPORT BEACH, MIFORNIA 92659.1768 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHEREAS, Gilbert Foerst r ("Owner") is the Owner of real property commonly known as 2436 West Coast Highway in the City of Newport Beach, County of Orange, State of California (the "Property"), which is legally described as follows: PARCEL 1, Portion of Lot A, Tract No. 919 known as Waterfront Realty as shown on a map recorded in Book 29, pages 31, 32, 33 and 34 of Miscellaneous Maps, Records of Orange County, California. PARCEL 2: Parcel 3 of Parcel flap 90-173 in the City of Newport Beach, County of Orange, State of California, as filed in Book 256, pages 25 and 26 in the Office of the County Recorder of said County, WHEREAS, Owner has applied -for, and obtained from the Oityof Newport -Beach ( "City"), approyal of an off -site parking arrangement so as to permit the construction of additional office development on Parcel 1; and WHEREAS;^inn accordance with Section 20,30,035 of the Newport Beach Municipal Code the Planning Commission and the City Council haye determined that the use of Parcel 2 for off -site parking for the benefit of Parcel 1 is acceptable inasmuch as; { 1) Parcel 2 is so located as to be useful in connection with the proposed uses on Parcel 1, (2) Parking on Parcel 2 will not create undue traffic hazards in the surrounding area. (3) Parcel i and Parcel 2 are in the some ownership, and the Owner is entitled to the immediate possession thereof. (4) The City has required, and the Owner has agreed to record a Coyenant guaranteeing that Parcels i and 2, ( the 'Property"), remain in the same ownership and as one building site, throughout the duration of the proposed uses on Parcel 1, Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. �* } page 2/2 NOW, THEREFORE, in consideration of the approval of the use of Parcel 1, Owner hereby declares that the Property shall be subject to the following covenants, conditions and restrictions. That Parcels 1 and 2 shall remain in the same ownership and shall be bound together as one building site as specified on the site plan approved by the Planning Commission on February 20, 1992. 2. The covenants, conditions -and -restrictions contained -in -this declaration shall ----- -- commence on the date it is recorded and shall not terminate until such time as ail the uses on the Property cease and the Owners cause a Notice of Termination of this Declaration to be served on the City Attorney and recorded in the Office of the Recorder of Orange County, California. In the event a Notice of Termination of this Declaratin is recorded, no use shall occur on the Property unless and until all necessary approvals have been obtained from the City, 3, The covenants, conditions and restrictions contained in this Declaration shall run with the Property and bind the successors and assigns of Owers subject only to the termination provisions of Item 2. This Declaration shall bind all Parties claiming an interest in, or a right to operate the building, through written or oral agreement with Owners or their successors or assigns, and such persons are bound to conform to, and observe, all restrictions on the use of the Property contained within this Declaration. - 4. The terms and conditions of this Declaration shall not be amended except in writing signed by Owners, or their successors and the City. IN WITNESS WHEREOF, the Partmtereta-ha�caused this Declaration to be executed on the day and year first above written. OWNERS ,/ STATE OF CALIFORNIA COUNTY OF ORANGE ) On 1992, bef a e, then signed, a Notarv�u in . and for the State of California personally appeared 2�f� , / o nrie, or proved to me on the basis of satisfactory ev1 ence, to be the person (s) whose names are subscribed to this Agreement and acknowledged to me that they executed the same. 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