HomeMy WebLinkAbout2902 WEST COAST HWY2902 WEST COAST HWY
City Council Muting February,.11, 1980
Agenda Item No. H-2(h)
CITY OF NEWPORT BEACH
• February 6, 1980
TO: City Council
FROM: Planning Department
SUBJECT: Offsite Parking Agreement
Request to accept an offsite parking and reciprocal
access agreement for required parking spaces in
conjunction with a proposed conversion of an existing
machine shop to retail space in an existing structure on
Mariners' Mile.
LOCATION:
A portion of Tract
No. 919, located
at 2902 West
Coast Highway, on
the northerly side
of West Coast
Highway, westerly
of Riverside Avenue
on Mariner's
Mile.
• ZONE:
SP-5
APPLICANTS:
David R. Bryant and
John P. Hooten,
Newport Beach
OWNERS:
John P. and Janet
D. Hooten, Newport
Beach
Application
This application requests approval of an off -site parking plan and
reciprocal access agreement in conjunction with a proposed conversion
of an existing machine shop to retail space, building No. 4 on the
attached Parking Space Plan. 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-street parking
on a separate lot from the building sites unless:
(1)
Such lot is located as to be
useful in connection
with
the proposed use or uses on the
building site or
sites.
(2)
Parking on such lot will not
create undue traffic
hazards
•
in the surrounding area.
(3)
Such lot and the building site
are in the same ownership,
or the owners of, the building
sites have a common
ownership
in such lot, and the owner or
owners are entitled
to the
immediate possession and use
thereof (ownership of
the off -
site lot must be ownership in
fee or a leasehold
interest of
a duration adequate to serve
all proposed uses on
the building
site or sites).
- 1 -
TO: Cie Council - 2.
(4) The owner or owners and the City, upon the approval of
the City Council, execute a written instrument or
instruments, approved as to form and content by the
City Attorney, providing for the maintenance of the
required off-street parking on such lot for the duration
of the proposed use or uses on the building site or sites.
Should a change in use or additional use be proposed,
the off-street parking regulations applicable at the time
shall apply. Such instruments shall be recorded in the
office of the County Recorder and copies thereof filed
with the Department of Community Development.
Suggested Action
If desired, adopt Resolution No. authorizing the execution of
an off -site parking and reciprocal access agreement with David R.
Bryant and John P. Hooten, Newport Beach
Planning Commission Recommendation
At its meeting of January 24, 1980, the Planning Commission voted
(6 ayes, 1 absent) to recommend to the City Council the approval
of the requested off -site parking agreement with the findings and
subject to the conditions noted below:
Findings:
The off -site parking area adjoins the subject property and
is therefore located so as to be useful to the proposed uses.
2. The applicants are proposing to enter into and record a
reciprocal parking and access agreement benefiting both sites.
3. The off -site parking spaces will not create undue traffic
hazards in the surrounding area. In fact, the proposed
parking layout of the subject parking lot will create better
vehicular maneuverability and automobile storage than now exists.
4. The City Traffic Engineer has no objections with the off -site
parking arrangement.
Conditions:
1. That an off -site parking agreement shall be approved by the
City Council, guaranteeing that a minimum of 10 parking
• spaces shall be provided on the Riverpointe Properties LTD.
site for the duration of the proposed use.
2. That said agreement shall be signed by the applicant prior
to the issuance of building permits.
That a recorded copy of the proposed reciprocal parking and
access agreement between the applicants and Riverpointe
Properties, LTD, shall be furnished to the Planning Department
prior to the issuance of building permits.
TO: City Ouncil - 3.
4. That employees shall be required to park on -site.
Attached for the information and review of the City Council is a
• copy of the Planning Commission staff report which describes the
applicants request and an excerpt from the draft minutes of
January 24, 1980.
Respectfully submitted,
PLANNING DEPARTMENT
�n
JAM D. HEWICKER
ire for
JDH/dlt
Attachments for City Council only: Planning Commission Staff Report
Planning Commission Minutes
C,
•
•
Planning Commission Meeting_ January 24, 1980
Agenda Item No. 1
CITY OF NEWPORT BEACH
January 18, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Offsite Parking Agreement (Discussion)
Request to accept an offsite narking and reciprocal
access agreement for required parking spaces in con-
junction with a proposed conversion of an existing
machine shop to retail space in an existing struct-
ure on Mariners' Mile.
LOCATION: A portion•of Tract No. 919, located at 2902 West
Coast Highway, on the northerly side of West Coast
Highway, westerly of Riverside Avenue on Mariners'
Mile.
ZONE: SP-5
APPLICANTS:
David
R.
Bryant and
John P.
Hooten,
Newport Beach
OWNERS:
John
P.
and Janet D.
Hooten,
Newport
Beach
implication
This application requests approval of an off -site parking plan and
reciprocal access agreement in conjunction with a proposed conversion
of an existing machine shop to retail space, building No. 4 on the
attached Parking Space Plan. 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-street parking
on a separate lot from the building sites unless:
(a) Such lot is so located as to be useful in connection 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) The owner or owners and the City, upon the approval of the
City Council, execute a written instrument or instruments,.'
approved as to form and content by the City Attorney,
providing for the maintenance of the required off-street
parking on such lot for the duration of the proposed use
or uses on the building site or sites. Should a change in
use or additional use be proposed, the off-street parking
regulations applicable at the time shall apply. Such
instruments shall be recorded in the office of the County
Recorder and copies thereof filed with the Planning Department.
TO: Plannift Commission - 2. 40
Environmental Siqnificance
This project has been reviewed, and it has been determined that it is
exempt under Class I (Existing Facilities) and Class II (Accessory
. Structures) from the requirements of the California Environmental
Quality Act.
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for
"Retail and Service Commercial:" All existing and proposed uses
on the properties involved in this agreement fall within the uses
permitted.
Subject Property and Surroundinq Land Use
The subject site (Building No. 4) is developed with a one-story
structure with land use consisting of an auto parts retail sales and
storage facility. On the rear portion of this building is a marine
engine sales, service, and repair facility and 9 on -site parking
spaces. The reciprocal access and off -site parking agreement proposed
encompasses four parcels, three of which comprise the "Mariners'
Center." The applicant is in escrow for the purchase of 2902 West
Coast Highway (Building No. 4). It is the intent to convert the
marine engine sales, service, and repair use to small retail shops.
• To the east of this parcel is the shared driveway access and 10:
parking spaces of the Mariners' Center. Further east is the Shell
Service Station; to the west, is Mo-ped retail sales; to the north and
northwest, are Buildings 1, 2, and 3 and common parking area for the
variety of retail uses, services, and Post Office, all a part of
Mariners' Center. (See Land Use Plan).
Analysis
Building No. 4 was originally constructed with a combination of retail,
wholesale, and storage uses. Based on a requirement of 1 space for each
250 sq.ft. of retail space and 1 space for each 2000 sq.ft. of wholesale
and storage space, the parking requirement for the total building was
determined to be 10 spaces. The applicant now proposes to convert
2450 sq.ft. of space occupied by a marine engine sales, service, and
repair facility to retail use. Therefore, the parking re uirement for
Building No. 4 will increase from 10 spaces to 19 spaces �'8.77 spaces
,for remaining uses and 9.8'spaces for the new uses). Inasmuch as there
are only 9 spaces currently on site, an offsite parking agreement will
• be required for the remaining 10 parking spaces. These spaces are.
proposed to be located on the adjoining site owned by Riverpointe
Properties LTD. (Buildings 1, 2, and 3 as illustrated on the attached
land use and parking space plans). Outlined bn the'next page,,i•s a'
summary of the proposed,,parking"arrangement:
W 11
TO: Planning Commission - 3.
Building No. Gross Floor Area Spaces Required
1, 2, and 3 24,435 (Retail) 97.74
4 7,420 (Retail, Wholesale 18.57
• & Storage) Total - 116.31
Spaces Provided 117
In order to accomplish the arrangement noted above, the applicants are
proposing to enter into and record a declaration establishing reciprocal
access and parking easements across both sites. It is the opinion of the
staff that approval of this reciprocal access and parking arrangement
will improve the parking and circulation pattern throughout the center.
Specific Findings and Recommendations
If the Planning Commission desires to recommend the approval of the
proposed off -site parking arrangement to the City •Council, the
following findings and conditions are suggested:
Findings:
1. The off -site parking area adjoins the subject property and
is therefore located so as to be useful to the proposed uses.
• 2. The applicants are proposing to enter into and record a
reciprocal parking and access agreement benefiting both sites.
3. The offsite parking spaces will not create undue traffic
hazards in the surrounding area. In fact, the proposed parking
layout of the subject parking lot will create better vehicular
maneuverability and automobile storage than now exists.
4. The City Traffic Engineer has no objections with the offsite
parking arrangement.
Conditions:
1. That an offsite parking agreement shall be approved by the
City Council, guaranteeing that a minimum of 10 parking
spaces shall be provided on the Riverpointe Properties
LTD. site for the duration of the proposed use.
2. That said agreement shall be signed by the applicant prior
to the issuance of building permits.
• 3. That a recorded copy of the proposed reciprocal parking and
access agreement between the applicants and Riverpointe
Properties, LTD. shall be furnished to the Planning Department
prior to the issuance of building permits.
4. That employees shall be required to park on site.
1
" TO: Penning Commission - 4. •
PLANNING DEPART11ENT
JAMES D. HENICKER, DIRECTOR
• Qy �—'
Carol L. Kruse
Associate Planner
CLK/dlt
Attachments: Letter from Applicant
Vicinity Map
Assessor's Parcels
Land Use Plan
Parking Space Plan
•
•
is
DAVID R. BRYANT
3.936 Stonesgate Street
Westlake Village, Cis 91361.
December 10, 1979
Com,aunity Development Department
City of Newport Beach
3300 Newport Boulevard
Newport: Beach, CA 92663
ATTN: Carol L. Kruse
Associate Planner
RE: Request for approval of off -site parking agreement for
2902 West Coast Highway, Newport Beach
Gentlemen:
Please consider this our application for approval of the off -
site parking plan benefiting the property at 2902 West Coast
Highway in the City of Newport Beach.
• Under the proposed plan, the rear 2,450 square feet of the
existing building would be leased for retail use. The present
use of this space as a machine shop is unsightly and noncon-
forming to the surroundings. The use of the balance of the
building would remain unchanged,
The proposed plan would include a reciprocal ingress, egress,
and parking agreement with Riverpoint Properties, Ltd., owner
of Buildings 1,2, and 3(the post office) over the entire park-
ing area shown on the attached site plan. A copy of the pro-
posed agreement with Riverpoint is attached.
As the parking analysis of the -site plan shows, the resulting
combined available parking comfortably exceeds the City's code
requirements.
We believe the proposed plan would significantly upgrade the
appearance and quality of use in this area, and would be
distinctly in the best interests of the City of Newport Beach'
Thank you for your early consideration.
•
V
�y truly yours, �`y
David R. Bryant
For John P. Hooten
srRFFr
�h 1G I R11V 1MEW
;
IT
I
1� I_• PAtz AG.
Rl�f�tfx --
Zg 7A•98' I '
117 AC. i I
15 FRBIr
M
Ito
ryi I� y i N
I FRIYY.
I 1...2.0 ACC.
80'
I i
)
I [
,pvo
g
°J3CI..'-"Z'aTION B$�,A3T.!SII2y^i }iCCP..$$ F1ATA
TS .
Amo .
i
�F1GLL .
I I J�x'nVlCE c)7J}77✓W r'
(VOr -4 . ?<<R7"
it
•
tx:Rulce -RePAIRt
4V5.
_c)Wt7 CC�LcfW NIA QA1JK I -
rs AY OF NEWPORT BACH
COUNCILMEN
Rp
6ROLL CALL tpsis
February 11, 1980
MINUTESIr"
h
INDEX
(e) Resolution No. 9727 authorizing the Mayor
St Impry
and City Clerk to execute a Right -of -Way
SJH Rd/
Certification for street improvements for
Jamboree
San Joaquin Hills Road and Jamboree Road,
R-9727
free right turn lane. (See report with
(38)
H-2(d))
(f) 2solution No. 9728 authorizing the Mayor
St Impry
and ty Clerk to execute an Arterial
W Cst Hwy
Highway ancing Program Project Administra-
�P
tion Agreemen or street improvements
R-9728
for West Coast H ay south aide, 57th
(38)
Street to Balboa Boule d. (A report
from the Public Works Depa ent)
(g) Resolution No. 9729 authorizing the or
St Impry
and City Clerk to execute a Right-of-Wa
W Cst Hwy
Certification for street improvements for
R-9729
West Coast Highway south side, 57th
Street to Balboa Boulevard. (See report
with H-2(f))
(h) Resolution No. 9730 authorizing the Mayor
Off -site
and City Clerk to execute an Off -Site
Parking
Parking and Reciprocal Access Agreement
Bryant/
between the City of Newport Beach and
Hooten
David_R. Bryant and John P. Hooten,
Newport Beach, for required parking
spaces in conjunction with a proposed
conversion of an existing mach shop
"to
retail space in an existing structure
located -at 2902 ,lest Coast Highway on
Mariner's Mile; zoned SP_-5_(9 report from
the Planning Department)
3. COW.IUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
XSphere
(b) To staff for report back, a letterZ
of
the Local Coastal Planning AdvisorInfluence
mittee regarding the Beeco propert(21)
their request to have the property
included in the Newport Beach Sphe
Influence. (Attached)
(c) To staff for report back o ebruary 25, a
Stop Signs
letter from the Corona H� lands Property
(81)
Owner's Association requesting stop signs on
Seaward Road. (ched)
(d) To staff for Zion, a letter from L. S.
Building
Ondrasik regarding the alleged code
(26)
violations under construction at 203 Coral
Avenu Balboa Island. (Attached)
I
1
iVolume
34 - Page 39
Ile
i
I
L�TY OF NEWPORT 811ACH
COUNCILMEN
ROLL CALL,
February 11. 1980
MINUTES
INDEX
A letter from the Central Newport Beach Community
Association was presented expressing its opposi-
tion to the removal of the bandstand.
A report was presented from the Parks, Beaches
and Recreation Director.
A letter received after the agenda was printed
from James and Georgia Mahoney was presented
supporting the previous Council action to remove
the gazebo.
Councilman Strauss stated that the people
opposing the removal of the gazebo/bandstand had
requested that this item be postponed.
Motion
x
The item was postponed to February 25, 1980.
All Ayes
H. CONSENT CALENDAR:
Motion
x
The f lowing actions were taken as indicated except
All Ayes
for th se items removed:
1. ORD NANCES FOR INTRODUCTION - Introduce and
pas to second reading on February 25, 1980:
(a) roposed Ordinance No. 1838, being, AN
Parking
0 INANCE OF THE CITY OF NEWPORT BEACH
Prohibitions
NDING SECTION 12.40.055 OF THE
0-1838
NE ORT BEACH MUNICIPAL CODE ENTITLED
(64)
"P ING OF COMMERCIAL VEHICLES IN
RES NTIAL DISTRICTS PROHIBITED." (A
repor from the Traffic Affairs Committee)
2. RESOLUTIONS OR ADOPTION:
(a) Resoluti No. 9724 amending the list of
Disclosure
positions esignated by the Conflict of
of Assets
Interest C de as those which require the
R-9724
filing of a annual income/asset
(66)
disclosure s atement. (A report from
the City Cle )
(b) Removed from t Consent Calendar.
(c) Resolution No. 9 25 awarding a contract
Harbor Isl
to John T. Malloy in connection with the
Water &
Sewer Main
Harbor Island Wate\en
Sewer Main
Replacement (C-211 report from
R-9725
the Public Works Dent)
(38)
(d) Resolution No. 972orizing the
St Impry
Mayor and the City to execute an
SJH Rd/
Arterial Highway Fng Program
Jamboree
Project Administrareement for
R-9726
street improvementn Joaquin
(38)
Hills Road and Jamad, free right
turn lane. (A repom the Public
Works Department)
Volume 34 38
E
0
-!'P1
� RECE�VL�
1 POIIt
RESOLUTION N0. 973b FE6191989�'
Gny
NL4\IF�Er�CH
A RESOLUTION OF THE CITY COUNCIL OF THE CITY\
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN OFF -SITE PARKING AND
RECIPROCAL ACCESS AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND DAVID R. BRYANT AND JOHN
P. HOOTEN FOR REQUIRED PARKING SPACES IN CON-
JUNCTION WITH A PROPOSED'CONVERSION OF AN
EXISTING MACHINE SHOP TO RETAIL SPACE IN AN
EXISTING STRUCTURE•LOCATED AT 2902 WEST COAST,
HIGHWAY ON MARINERS MILE, ZONED SP-5
i
WHEREAS, Section 20.30.035(D) of the Newport Beach
Municipal Code provides that the City Council, upon
recommendation of the Planning Commission, may approve an
off -site parking agreement on a separate lot from the building
site if the proposed lot is located so as to be useful in
conjunction with the proposed use or uses of the building site
or sites, that the parking on such lot will not create undue
traffic hazards to the surrounding area, that such lot and
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, or that the owner or owners in the City, upon
approval of the City Council, execute a written instrument or
instruments approved as to form and content by the City Attorney,
providing for the maintenance of the required off-street parking
on such lot for the duration of the proposed use or uses on the
building site or sites; and
WHEREAS, there has been presented to the City Council
a proposed Off -Site Parking Agreement and Reciprocal Access
Agreement with David R. Bryant and John P. Hooten in regard to
the conversion of an existing machine shop to Retail Space in
an existing structure on Mariners Mile, located at 2902 West
Coast Highway, on the northerly side of West Coast Highway
westerly of Riverside Avenue; and
WHEREAS, the City Council finds that the proposed
Off -Site Parking Agreement and Reciprocal Access Agreement
is consistent with Section 20.30.035(D) of the Newport
Beach Municipal Code,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the Off -Site Parking and
Reciprocal Access Agreements for required parking spaces
with David R. Bryant and John P. Hooten of Newport Beach is
approved, and the Mayor and City Clerk are authorized to
execute said Off -Site and Reciprocal Access Agreement.
ADOPTED this llth day of February , 1980.
Mayor
ATTEST:
City C]
'
January 4, 1980
CITY OF NEWPORT BEACH
CALIF CRNIA szss� 3
city Bali
3300 NewpDA BIvJ.
(714)6gX-2U@(
640-2137
Mr. David R. Bryant
1936 Stonesgate Street
Westlake Village, California 91361 `
Re: Off -site Parking Agreement at
2902 West Coast Highway, Newport Beach
Dear Mr. Bryant:
In reviewing your request for the off -site parking
agreement noted above, several questions have come
up regarding the parking required for the project
and the proposed parking arrangement between
Mr. Hooten and Riverpoint Properties, Ltd,
Because I do not have your telephone number I have
been unable to contact you and, therefore, have
suggested to .the Planning Commission that this
matter be continued to the Planning Commission
meeting of January 24, 1980.
I would appreciate it if you would either contact
me or Carol Kruse at your earliest convenience.
Very truly yours,
PLANNING DEPARTMENT,
AM S D. HEWICKER
i rec or
JDH/kk
DAVID R. BRYANT
1936 STONESGATE STREET • WESTLAKE VILLAGE, CALIFORNIA 91361
February 12, 1980
Department of Community Development
<6 � �\
City
of Newport Beach
;
R
3300
Newport Boulevard
by
�ceiiu-
Newport
Beach, CA 92663
Carol Kruse
ATTN:
�.�
NF,•�Crr,
RE:
Offsite parking agreement
2902 Coast Highway
Dear
Carol:
Enclosed is a certified copy of the Declaration
Establishing Access and Parking Easements between
Riverpoint Properties, Ltd. and John P. Hooten, as
recorded in book 13484, page 726 on January 29, 1980
by the Orange County recorder.
This should satisfy condition three in your report to
the planning commission regarding the offsite parking
agreement.
If there is any question; please give me a call.
V ry; truly yours,
David R. Bryant
�, 14 3 c
+o!o this is a f"!1' to
Prid c�rr'�-7t Cr-'Y
41 q
3 � C, 5 8
Lountv, State
0 RK 494wt' 72
prcop�ING RZQLEsm by mm FMAWOAml KEVILL!0 dy
rFRN RECORDO MIL 710; W� fild "a 00,
1 7C3-A 14 AV JAN 2 1090
DECLARATIC11 CSTMISMING Accns
AND P"XrPC, Z&ZC=r:-
THIS DECLARATION ZSTAALIMING Acc&SS AND PASSING
EASEMENTS (the Macluatim%) is yAb" Mod Wrtaxed into as of
V..emb,r Li . IV75 by Md between RZVZltporwr pWpWIES,
I=., a gelwrgl prtoa"hip (.jti"rWit.)' M JM P. BOOT,.
and JM7ET D. noorn, hash" "d wife (chlI&CtjWIY'
based upon the follMing faCce:
A- bi"rPOint is the QWMWW Of Carlin real
rOP*r ty 1ocat*4 iA Lhe Ci ty of Newport beach, Ch,,ty .,f
ormg*, State Of California, miare particularly described on
Exhibit A-1 attached hereto wo L=GVP*rat*d berain by this
reference A-).
a wooten is the orrsr of Certain real prop"
located in the city of WWwpOrt beech, Canty of aranp.
State Of California. ooze particularly described On gghlblt
A.2 attached hereto and incorporated Main by this reference
1'Paresl B').
U. She parties desire to sake specific arrange-
ments for the develop eat and aelmtenamCe of cer'ain easement
areas on Panel A and ?"Cal B (Collectively, the -Property")
on the terns and comditioes contained hareir..
Based en the foregoing. and for good and valuable
consideration, the raesipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follow:
Article f
m)am ppovlUM
Section 1..._ Definitions. Unless the context
otherwise specifies or requires, for all purposes of this
DeClatotimn:
(a) the tors 'Declaration, seams this Declaration
Establiahinq Access amd patklmq saseNllL, including any
and all wndrnts and supplesests hereto; I
(b) the tern •sesseent ""a, includes all portions
.,: the Property designated for vehicular iweress and egres"• tf
and parking as designated on rxhibit Sr i
i
-3
(c) the Leta 'owner• means any o` the pasties
hereto and any subsequent owner of record (whether one or
more persons, partnerships, corporations, trusts. er other
entities) of an estate (whether freehold or less than free -
bold) in a Parcel, including a contract sel:ar of a Parcel,
any, lessee or sonless" of a Parcel, any secured parry in
possession of a Parcel or after becoming the owner of an
estate in a Parcel pursuset te judiclsl foreclosure, fore-
closure by power of sale, delivery of a deed in lieu of
foreclosure, or aeY other procedure, and a purchaser of a
Parcel at any such foreclosure sale, but not including a
secured party who does not haw Pnasessiou of a Parcel prior
to such secured party'• becoming the owner of an estate in e
Parcel;
(d) the term •Restrictions- means all the --se-
mantis, cpvenante, coeditSCna, and restrictioN set fi Mh :n
this Declaration " they new exist and as they may from time
to time be amended or supplemented;
(e) the term •stT"t" means any public street,
highway, or other thoroughfare adjacent to the Property or
any part ther"f, whether designated as a street. toc`_e•+m^
place, drive, road, terrace, way, lane, circle, or othe,--
"1-
r
f
Section 7. Establishment of Res tractions. the
parties, as Owners of tM Property, hereby declare that the
Parcels and every part thereof are now bold. and shall
hareaftar be Mld, transferred, encuaber*d, sold, leased,
coaysyed, Used, and MCe01*d subject to the Restzi=Ons,
each and all of whicb are for, and she!. inure to. -.-
benefit of, and pass with each and every part of, each
Parcel, and shall apply to and bind each Parcel and the
heir%, assigns, and cu-ccessors in interest of each and evary
owner, it Ming the iotent of the parties that each and al.
of the Restrictions shall run with the land.
Section 3 Purpose of Restrictions. The purpose
of the Restriction is in general to provide ingress and
egress to and from each Parcel and to afford easements for
reciprocal parking privileges to each Parcel, in accordance
with a unified plan.
Article I1
PROMTY Rl=" IN THE RA ERM AREAS
Section I. Ownor ' EassasaU. Subject to and in
accordance with the provisions of this Article II, try•
_e .hall hew* easements for the purpv--9 and to tr.c.
_a_
Andho
.�j Q7-L
s •
extent specified below (collectivalY' the "Easements') in. ..
to and oesr the Eassrnt Argos, which Easements are appurte-
wnt to and for tbo benefit of, and shall pass wiU . t,..c
title to such Ovnsr's Parcel as the dOmimALL tenement. art-
i
shieb shall burden the otbor Farce, aA the sarviert tenement,
all for the mutual booefit and enjoyment of both of the
Parcels and their Peters.
of EAAasent Ar..A. LACK of the
EassessoU Lb,stitutas a right to nse the Eaeas,nt Areas far
ingress Eras any Street to aaeb Parcel and egress frv^ each
Parcel to MY Most, patting for 'Wloyoas, business invitess.
tenants, and licensees of each Owner. replay" and tenant
parking Shall be limited to the croa.htched asaa on ExAit�c B.
tenante And e,ploy"s of the Seaton property shall he astitled to
seven Parking place*) tenant. AM sployees of the P.rvorWint
r__'_ Sh.l] A Antitled to 14 parking Places.
Section 3. Moneaeludwm.ss of uasnr..0The
Eeavmu do U:,t ereste rip" u argil amigo use. but create
go
rights of aaaerelsaies see. with all Peters and their re.pec-
ties
muccetaorm, "Along, lems"S, invitgos, Sad licensees
having the right "tUAlly to "a the EAsoment Arems, And
every pert thereof, for those Uses mpec:fied in
above And Section 4 below.
-s-
1 �e
Section a. Maintenance. Each C fter agrees to
maintain, at its sole cost and expense, in good and sanata_y
order, condition and repair, and at such grade as tc peviit
reasonable access to sad frog each Parcel and each treet
and across all portions of the Easement Areas. and to rep -ace
as needed, that portion of the asphaltic and ccncrete suriaves
Within the Easement Areas which is located on its Parcel.
all for the mutual benefit of both Owners and both Peice:s.
Article III
COVENANTS RUWING WM TIE PROPERTY
Section 1 covenants Running with the Property.
The Restrictions contained in this Agreement, whether affix
tive or negative in nature, shall constitute cover`"
running With each Parcel for the benefit of the other Par:e':
which covenants shall bind and inure to the benefit of t1e
parties and all Owners and their respective succasaora and
aseignz. The Rsstrtetinna shall constitute eguftable
tudes upcc each Parcel and shall bind and ir•ure to the
benefit of each Parcel.
-6-
Article IV
DURATION
The gaseaants and the mutual rights ar_ duties t'
"a of the iasemant Areas and the other Restrvetions, all as
set forth in thin Declaration, are perpetual and nut limiter
in duration -
Article V
EWORC®ERT
section a. A:,Y.emett and suit. Except as other
wise provided by this Decleratign, violation or breach of.
or threatened violation or breach of, any Resr.riction shall
give to the parties, and every Omer, the right, in addit:,:
to all rights granted herein, to prosecute a proceedir.? at
law or in equity against a defaulting Owner to enjoin or
prevent its violating or breaching Any Lst'iction, to cause
said violation or breach to be remedied, or to recover
damages for said violation or breach. No Owner shall by
reason of the exercise of any right or remedy at fort`'
herein, he dessad to nave trespassed upon the rarcel .
.j'h_ � rcr ncr be subject to any liability t, e'. Owner !c'
i
-7-
entry onto its parcel or any action taken or any damage dcre
fn Connaetion with exercise of any such right or remedy.
Section 3 Viol tion Dee+ed to Constauce_e
Ruisaaee. Rx"Pt as otparvise provided by Chia reclara-coo:,
the result of wary action or *Mission wh.ral' ar.y Featrlc-
Lion is violated or breached, in whole or in Part, is hereby
declared to be and to CColtituta a nuisance, and every
raswedy allowed by law or in equity against an P &r, a='. -her
public or Private, &hall be applicable against eery such
violation and way be exercised by any bunt.
s_ectl n ] Attorall,. Fees. In any legal or
equitable proceeding for the anforceeent of this Declaration
or my Restriction in Lhiz Declaration: whether it be an
action for dosages, declarat*ry relief, injunctive re/sef,
or otherwise, the losing party or Parties shall Pay tnt
costs and expense, of suit of Um prevailing P,rry or Parteea.
including without liaitation &ttorneye' fees, in such rea-
sonable mount Sc ay be fixed by the court in such pro-
&eedings, or in • sePotau action brought for that yurp =se,
All resadies prwidad in this Declaration or at law or -.-
equity shall be auulative and not exclusive.
-8-
i
r 1
RK '.:L 4�- 7?6
Section 4. Pailure to Enforce Not a Waiver cf
Rights. The failure of any Owner to enforce any Restricticr
shall in on event be dewed to be a waiver of the right to
do so tbereofter nor of the right to enforce any other
Restriction.
VI
NiscELLWEWS PROVISIONS
""ion 1. constructive M tice and Acce ttr ancv_
Every person, partnership• oorporatiOn, trust, or other
entity who now or hereafter owns, occupiss, or acquires any
right, title or interest in or to either Parcel is and shall
be conclusively deemed to haws Cohasnted te this Declaration.
such consent to be daaaad to be evidenced by te. recordation
of the ins irusemt by which such person, partnership, co-ryora-
,ion, trust or other entity acquired an interest in said
Parcel.
section ' Effect of Invalidation. If any Restr.c-
tion in this Declaration is held to be invalid by any COLrt,
the invalidity of such Restriction 'hall not affect the
validity of any of the remaining Restrictions, and ue
imalid Restriction shall be enforced, .xludi:y any rtces-
-5-
r
sary endifIcationa, to the extent legall+ Fs"' Co i
fill the intent thereof.
Section 3. mender and Number. In L!, ; De_lsro-
tion, the mscnline, feminine and neuter genders shall be
deemed to include the others, and the singular number stall
be deemed to include the plural, to the extent the c:r.texe.
so reP=ices.
section a. Asandmenu or Mod'_ficatians cf
Declaration. This Declaration say only be amended or mnd--
fied by an instz=.c: t 41 writing signed and ackn`ledgad by
Dvners of both of the Parcels.
Section S. Further Assurances' The Far`-ies 49r"
to execute and deliver any and all additional documents as
may be required to carry out the intent and FurPOses of L"ds
Declaration.
'•
ftM 4 72
IN WITNESS WMEMF, the undersigned have executed
this Declaration Establishieg Aa ss and Parking Easements
as of the day and year first abeva written.
RIVLRPDIIa pppPERTIES, LTD.,
a gsesral part ershipAll,,,
b,: 1 BK 4.4 r. 737 _'""' "M'
V At W LAI IFdIb1A
�U.N IY Ia Rl..Ue
aa.d�a 6. 19>9 w.... s: �re.lor • t+aevr rw. +.w n..,u
Lwe e.�.mlh.ro•.,w ]effi r_ HOOtR
el rveca wl bN.... .r.w..l
slu.sn..lu
iltlbNnll ••. eblM.
zIA1F lM l AuieWrvu I' �_1 H •`�•�
1 .�nwN lb N•wem .nn ���JRd �Fw
MIIYVf1 N.N.d.u�vl
j. 1
� e 1. F •
6w _ 733
IM MITIM,, WHEREOF, the Undersigned have executed
this Daelaratim Establishing Access and Parking Easements
as of the day and Year first above vritten.
RIVERPOIRT PROPERTIES, LTD-,
a general partnership
-
ra artne
�' SI.It U( na 1111f 111l�a1V 11I _•JyL<I���, IV ,r�lxln�f m„
� fnunry of _ a �-.[✓ 1 ev alla.:c�.d rw. �M.. al„Mdll .nm"„d
;'i Io11R.ilAininMrvmnn .M aekmlanl��,m�a.".. .. ... .
e�ecul dll� In. In<pulp. t
�� ''M ripn4Eis GAERfX in..
e..len...c.aaw<owal row
-11-
71
E%RSBIT A-3
[o'DBCLARATIOB ESTABLISHING
ACCESS AN: PAP! I:;;
STABNTS
HAT PORTION OF LOT ^Fn Of TRACT N0. 919. IN THE CITY OF NEWPORT
EACH, COUNTY OF ORANSE' STATE OF ULI FOW IA, OF SHOWN ON A MISCELLANEOUS MA'S' IN
{CORDED IN BOOK 29 PAGES 31 TO 3R INCLUSIK D DESCRIBED AS FOLLOWS!
HE OFFICE OF THE COUNTY RECOROER OF SAID COUNTY.
ON SAID NAP OF TRACT ND. 119, DISTANT
�t�NHINGHWAY,A/POINT
INfMOMM WE NORTHEASTERLY LINE OF WE SAID NORTHFASTERLYO LINE.
;oUTHEASTE RLY 750.00 PE' I NCAfYRlD ALONG 193D IN BOOK 93E
FROM THE SOUTHEASTERLY CORMERR Of THE LAN 17R1 BED IN THE DIED TO
aALTCR S. SPICE MID WIFE• M SAID OFFI CEI THENCE NORTH !8° 59' 30"
PAGE 190, OFFICIAL RECORDS I _ _ --- w.CE SOUTH £1°
E0.ST. E11.59 FEET TD THC TRUE POINT 1
00' 10^ EAST. 50.00 FEET TO TIE SOUTI
DESCRIBED IN A GEED TO J. M. CORDON
IN BOOK 1011 PAGE 61, OF SAID OFFICI-
DiSTANTTIgRMG[ASTEI RLYO!{S0.s2nFRT PR
LOT Fi THENCE SOUTHEASTERLT ALONG $A
LSNE PARALLEL YITN MID DISTANT SOUTH
SOUTHEASTERLY LIFT M J. N. GORDDN9
L LIM TO THE
SOUTH 61'D00', 77^�EAST ALONG SAID so
L111E PARALLEL W17H ANO DISTANT fOUT1
SOUTHEASTERLY LING OF 7HE LAAI`lOF J.
3O" EAST ALONG SAID ►ARALLE
LAND DESCRIBED lit DEED RECORDED II
OFFICIAL RECORDSi TM[NQ SOUTH SSR 1
WESTERLY LINE, I29.15 FElT TO 7ME S�
THENCE NORTH S8CASTlRAST
L ECORKR OF
FEET TO THE MOSTOF SAT
ALONG THE NORTHEASTERLY L7 TIt PDT"
!R. 59' 10^ EAST FROM 7Mf
59, 30"
WEST, 220.59 FEET TO THE T11
EXCEPT ALL OIL, OIL RIGHTS' "IM M
NATURAL GAS RIGHTS AND OTHER HYDROI
THAT HAY BE BFLON THE UPPER 500 FBI
T FTNFR WI TN THE PERPETUAL RIGHT
THE RIGHT TO DRILLp n l
SAID ZIPPER 10G FEET OF
SUCH M4WER AS TO ENOA
CONSD LA
1969T INC TED O 1
BOOK8970PAGE
:UST 16, 1939
UTM 28° 59'
WITH AND
LINE OF SAID
0 FEET TO A
ROM SAID
30" WEST
Fi THENCE
00 FELT TO A
ROM SAID
RTN TB° 59'
WE Of THE
F SAID
F SAID LAND,
KPLORING AND
OR ANY OTHER
DRILL AND
R GAS WELLS,
• Of THE LAND
L, R[T UNNE L, EQUIP, MAIM n,n,
LLS OR MINES, WITHO -- HONEVOF,
OPERATE THROUGH THE SURFACE OF
Of SAID LARD OR OT.'.EkWlSE IN
OF ANY HIGHWAY THAT MAY BE
IN THE QED RECORDED MAY OR,
qI V o
ax,lnlr .-2 i
to 'LECLAJLATION 2STANLISaIYG AttEbS AN.. rAAAIAG EA9EME'�--
fast of the
PAWL 1: the SwtArsterlY M•535Uu hi9way) of thAta portion of of iLot '
iof Tne4 no. 9199.. raver a jar lip wed to Ooos 29. pa9rs 3` to 31
irlasiw. W t1iKol Nsaws Raps, 10 the Office Of the County IL,
Of old cuun{y, dew~ as fallwa:
Beginning at a pant M tas testis" tarl lint of aatlto 11. ML Galt eth
{easterly M— Of test pNtus of Nid ot con" 2�31 of Official Accords,
by deed retarded Jose 23. 1937 is boil 290. page
said point esiny to a lint Jdch is "v the ales aM 110 fline of lit Mortn-
rfurlY. ouu� at rILM oT �ir1 9 flares 28, Ku30Z East Along
�
tat; Vence free laid po fee r1L the esrestasurly line of
said at eel lint N Al ter at
tian of said lot.
f said lot: thuN M*A east deny Nid Bore eft on of Nid
lot, 94.35 f0t U tes east SasNriY CMper iyyppaaIt 16, 1939 in
tl'igaaefda01TMa1iMeOlprda:thence 5wL PO' 59' 30' Kest
al ong 0t1
SOOtANsteri7 it" d Nid yaties of mid lot toertarlyed Olt-_
Nid last rllCiOr9 dead to M fotarsKtlee NL ilia SoutbnnesterlY
of Nid lot• aae Mara Seotb Sl' d8' l0. �s in" sq id lest rr•rttared
line of Nid lot. 94IS feet L tAs to
PARCEL 2: An sort for inyrtff ant [grass they, to oacross ti-re
on
follwln dsKriesd rlal F'o0� atwNd In tM it City
f ele.;.art 4wct,
COOKY Orink• SUN of Calitwnta, described as follus:
as of of tract
ty in t,epor�
That eescrlutt, follows
f. pram sn arettoboa 29
acap ioNao i, ppaasessllfornia.
34 tocluslre, of MCKallarrf Raps• records of Mange
&ginning at a point U the Soetbl r eesr1Y ^tof mid oot thr State
th'"free 130 fast
OartheaborlY recorded
State
pi�snaY. la granted to to
es0 d 0fif Caall9etordsby tes rrecord Of Ve
1929. to beat 31 poM �!��,.w..�,. rvriag Lance norN 61' OJ'
;zit 154.a13 1rt tt°d '^` ^'-"-'fterlY' lint of Le land aeKritac In
LAe does Tree tl. T. fjpytai�b oaR1 17dof�Officlald0.ec rys
18, 7945, recorded . Y tiorL 28. ye• 7p' East along said
Of N.a^9e Casty. pliTmnlas CrnteL al' Ofl' 30East 154.15 'r:t
SwtAaasurly lint 301aR; Limo a lwth 28' 50'i3C'o4lest
c-aLrster;Y lint sf Nid Lst 'F•: CAex
3O feet doa9 Le lwtnlasurly ltla 0/ NIa Lot •F', to Ne ii'
beginning.
1]
•
CITY OF NEWPORT BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN REVIEW REQUEST
1IL-44nVANCE PLANNING DIVISION
[AUBLIC WORKS DEPARTMENT
EVRAFFIC ENGINEER
❑WIRE DEPARTMENT
[]PLAN REVIEW DIVISION
OPARKS & RECREATION
OPOLICE DEPARTMENT
❑ MARINE SAFETY
❑GENERAL SERVICES
Da to December 17, 1979
QPLANS ATTACHED (PLEASE RETURN)
[]PLANS ON FILE IN ZONING AND
ORDINANCE ADMINISTRATION
DIVISION
APPLICATION OF David R. Bryant/John P. Hooten
FOR A []VARIANCE
[]USE PERMIT
[]RESUBDIVISION @MXA'X Ak Offsite Parking.AUeement
ON A REQUEST AID for reciprocal ingress/egress/parking plan.
ON LOT A.P.# 049-110-19 BLOCK TRACT
A.P. 4 - - - an 049-TTO=2T
ADDRESS 2904 W. Coast Highway and 149, 177, and 191 Riverside Avenue
REPORT REQUESTED BY 12/1Q/79
COMMISSION REVIEW_ 1/10/80
COMMENTS
t
SIGNATURE DATE
0 •
CITY OF NEWPORT BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN REVIE14 REQUEST
L1A,/D�ANCE PLANNING DIVISION
CY�F'UBLIC WORKS DEPARTMENT
❑TRAFFIC ENGINEER
[]FIRE DEPARTMENT
❑PLAN REVIEW DIVISION
[]PARKS & RECREATION
❑POLICE DEPARTMENT
❑ MARINE SAFETY
❑ GENERAL SERVICES
APPLICATION OF
FOR A ❑VARIANCE
Date December 17, 1979
PLANS ATTACHED (PLEASE RETURN)
[]PLANS ON FILE IN ZONING AND
ORDINANCE ADMINISTRATION
DIVISION
David R. Bryant/John P. Hooten
❑ RESUBDIVISION
[]USE PERMIT
&RAUXAAR Offsite Parking Ayr amen t
ON A REQUEST Am for reciprocal ingress/egress/parking plan.
ON LOT A.P.# 049-110-19 BLOCK TRACT
A.P. 04 - - - - an 049-110-21
sT
ADDRESS 2904 W. Coast Highway and 149, 177, and 191 Riverside Avenue
REPORT REQUESTED BY_ 12719/79
COMMISSION REVIEW 1110/80
COMMENTS 4,1, /_
;20
ctry
SIGNATURE - 7 L
DATE
CITY OF NEWPORT BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN REVIEW REQUEST
��__�//gam
LHrDVANCE PLANNING DIVISION
❑PUBLIC WORKS DEPARTMENT
❑TRAFFIC ENGINEER
[JFIRE DEPARTMENT
❑PLAN REVIEW DIVISION
EIPARKS & RECREATION
OPOLICE DEPARTMENT
[]MARINE SAFETY
GENERAL SERVICES
Date December 17, 1979
PLANS ATTACHED (PLEASE RETURN)
QPLANS ON FILE IN ZONING AND
ORDINANCE ADMINISTRATION
DIVISION
APPLICATION OF David R. Bryant/John P. Hooten
FOR A ❑VARIANCE
[]USE PERMIT
❑RESUBDIVISION W)PAURNIAR Offsite Parking Agreement
ON A REQUEST U for reciprocal ingress/egress/parking plan.
ON LOT A.P.# 049-110-19 BLOCK TRACT
A.P. 04 - - , - - an 049-TT7-=
ADDRESS 2904 W. Coast Highway and 149, 1.77, and 191 Riverside Avenue
REPORT REQUESTED BY 12/19/79
COMMISSION REVIEW
COMMENTS
S,",enigKt V
DATE Z
i
i -
CITY OF NE'WPORT BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN REVIEW REQUEST
'°' dam . z
L(ADVANCE PLANNING DIVISION
❑PUBLIC WORKS DEPARTMENT
(3-rWFIC ENGINEER
[]FIRE DEPARTMENT
IQPLAN REVIEW DIVISION
QPARKS & RECREATION
❑POLICE DEPARTMENT
❑ MARINE SAFETY
GENERAL SERVICES
APPLICATION OF
FOR A ❑VARIANCE
Date December 17, 1979
PLANS ATTACHED (PLEASE RETURN)
QPLANS ON FILE IN ZONING AND
ORDINANCE ADMINISTRATION
DIVISION
David R. Bryant/John P. Hooten
❑ RESUBDIVISIO
[]USE PERMIT
URMAR Offsite Parking Agreement
ON A REQUEST TV for reciprocal ingress/egress/parking plan.
ON LOT A.P.# 049-110-19 BLOCK TRACT
A.P. 4 - - , - an 049-TT0-=
ADDRESS 2904 W. Coast Highway and 149, 177, and 191 Riverside Avenue
REPORT REQUESTED BY
12/19/79
COMMISSION REVIEW1/10180
COMMENTS k9&4%0-.-
vG-G6-
DATE
,r
DAVID R. BRYANT
1936 Stonesgate Street
Westlake Village, CA 91361
December 10, 1979
Community Development Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
ATTN: Carol L. Kruse
Associate Planner
RE:: Request for approval of off -site parking agreement for
2902 West Coast Highway, Newport Beach
Gentlemen:
Please consider this our application for approval of the off -
site parking plan benefiting the property at 2902 West Coast
Highway in the City of Newport Beach.
Under the proposed plan', the rear 2,450 square feet of the
existing building would be leased for retail use, The present
use of this space as a machine shop is unsightly and noncon-
forming to the surroundings. The use of the balance'of the
building would remain unchanged.
The proposed plan would include a reciprocal ingress, egress,
and parking agreement with Riverpoint Properties, Ltd., owner
of Buildings 1,2, and 3(the post office) over the entire park-
ing area shown on the attached site plan. A copy of the pro-
posed agreement with Riverpoint is attached.
As the parking analysis of the site plan shows, the resulting
combined available parking comfortably exceeds the City's code
requirements,
We believe the proposed plan would significantly upgrade the
appearance and quality of use in this area, and would be
distinctly in the best interests of the City of Newport Beach
Thank you for your early consideration.
V ry truly yours,
r
.
/ David R. Bryant
For John P. Hooten
DRB/smt
4.
•Regular Planning Commission Meeting
COMMISSIONERS Place: City Council Chambers MINUTES
�j Time: 7:30 P.M.
// r. 2 Date: January 24, 1980
0 C
3 c5o (D D
ryry .(p " City of Newport Beach
DN 5 N 7CC' N• 7
• "S�1"Fi:1� '�'�� 7.'S.'^lS9l'lALm3fA21d5'6'_"/W.wtL'*tC,SS..S`.�f e•..'w`�'!'J'.'GR'
LL CALL I �- s INDEX
... YSFL4T"�WStLiGS�CE5A7�7S?3CL�'��'XXA'LTA7li'�^�.C.RBC�aR�dY7.1:'4 TfAtJ:lJ,LY
sent x xx x x
Abs t * TAFF MEMBERS
James Hewicker, Planning Director
obert Burnham, Assistant City Attorney
)an Webb, Assistant City Engineer
lenna Gipe, Secretary
* * *
Minute ritten By: Glenna Gipe
* * *
Approval of the mi tes of the regular Planning
Commission meeting o anuary 10, 1980 was post-
poned to the regular PI ing Commission meeting
• f February 7, 1980
* * *
Motion x Motion was made to continue Item No. 2, Use Permit
Ayes x x x x x x o. 1924, to the regular Planning Commiss' n meet -
Absent ing of February 7, 1980, pending receipt•an valu.
tion of a site plan which would illustrate hov
he planning on the three sites is to be coordina-
ed.
•
equest to accept an offsite parking and reciprocal -Item ill
ccess agreement for required parking spaces in
onjunction with a proposed conversion of an exist OFFSITE
ng machine shop to retail space in an existing ppRI:ING
tructure on Mariners' Mile. ]AGREEME1
OCATION: A portion of Tract No. 919, located
at 2902 West Coast Highway, on the
northerly side of West Coast High-
way, westerly of Riverside Avenue
on Mariners' Mile.
ONE: SP-5
PLICANTS: David R. Bryant and John P. Hooten,
Newport Beach
ERS: Johh P. and Janet D. H.00ten, Newpor
Beach
�� C.VMMIJJIVIVCK�
January 24, 1980
-Irm
3 10 a x m N D
N D,� W x N D City of Newport Beach
MINUTES
James Hewicker, Planning Director, advised that
any action that the Planning Commission would
take on this item would be in the form of a recom-
mendation to the City Council.
The Public Hearing was opened regarding this item
and David Bryant, Applicant, appeared before the
Planning Commission to state his concurrence with
the conditions as set forth in the Staff Report.
In response to a question posed by Commissioner
McLaughlin, Mr. Bryant replied that the rear
third of the shop will be converted to retail use.11
Motion
Motion was made that the Planning Commission make
Ayes
x
the findings as indicated in Exhibit "A" of the
Absent*
Staff Report and approve the Offsite Parking Agree
ix
ix
ment, subject to the conditions as indicated in
Exhibit "A" of the Staff Report.
Request to permit the temporary use of a modular
building for a California Savings and Loan branch
facility in.the P-C District..
LOCATION:' �A portion of Block 93, Irvine's
Subdivision, located at 2310 East
Coast Highway, on the northerly
side of East Coast Highway, west-..
erly of MacArthur Boulevard.
ZONE: P-C
APPLICANT: California Federal Savings and
Loan, Los Angeles
OWNER: The rvine Company, Newport Beach
ion
x
Motion was made that the nning Commission con -
Ayes
x
x
x
XK
tinue this item to the regul Planning Commission
Absent
*
meeting of February 7, 1980, pe ing receipt and
evaluation of a site plan which w 1d illustrate
how the planning on the three sites to be co-
ordinated.
* * *
INDEX
Item 42
USE "'.
MIT NO.
1924
CONTIN-
UED TO
FEBRUARI
7, 1980
Planning Commission Meeting January 24, 1980
Agenda Item No. i
CITY OF NEWPORT BEACH
January 18, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Offsite Parking Agreement (Discussion)
Request to accept an offsite {harking and reciprocal
Access agreement for required parking spaces in con-
junct,ion with a proposed conversion of an existing
machine shop to retail space in an existing struct-
ure on Mariners' Mile.
LOCATION: A portion l' Tract No. 919, located at 2902 West
Coast Highway, on the northerly side of West Coast
Highway, westerly of Riverside Avenue on Mariners'
Mile.
ZONE: SP-5
APPLICANTS:
David
R.
Bryant and
John P.
Hooten,
Newport Beach
OWNERS:
John
P.
and Janet D.
Hooten,
Newport
Beach
Application
This application requests approval of an off -site parking plan and
reciprocal access agreement in conjunction with a proposed conversion
of an existing machine shop to retail space, building No. 4 on the
attached Parking Space Plan. 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-street parking
on a separate lot from the building sites unless:
(a) Such lot is so located as to be useful in connection 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) The owner or-oWners and the City, upon the approval of the
City Council, execute a written instrument or instruments,.'
approved as to form and content by the City Attorney,
providing for the maintenance of the required off-street
parking on such lot for the duration of the proposed use
or uses on the building site or sites. Should a change in
use or additional use be proposed, the off-street parking
regulations applicable at the time shall apply. Such
instruments shall be recorded in the office of the County
Recorder and copies thereof filed with the Planning Department.
TO: Planninoommission - 2.
Environmental Significance
This project has been reviewed, and it has been determined that it is
exempt under Class I (Existing Facilities) and Class II (Accessory
Structures) from the requirements of the California Environmental
Quality Act.
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for
"Retail and Service Commercial:" All existing and proposed uses
on the properties inv6lved in this agreement fall within the uses
permitted.
Subject Property and Surrounding Land Use
The subject site (Building No. 4) is developed with a one-story
structure with land use consisting of an auto parts retail sales and
storage facility. On the rear portion of this building is a marine
engine sales, service, and repair facility and 9 on -site parking
spaces. The reciprocal access and off -site parking agreement proposed
encompasses four parcels, three of which comprise the "Mariners'
Center." The applicant is in escrow for the purchase of 2902 West
Coast Highway (Building No. 4). It is the intent to convert the
marine engine sales, service, and repair use to small retail shops.
To the east of this parcel is the shared driveway access and 10;
parking spaces of the Marmners' Center. Further east is the Shell
Service Station; to the west, is Mo-ped retail sales; to the north and
northwest, are Buildings 1, 2, and 3 and common parking area for the
variety of retail use's, services, and Post Office, all a part of
Mariners' Center. (See Land Use Plan).
Analysis
Building No. 4 was originally constructed with a combination of retail,
wholesale, and storage uses. Based on a requirement of 1 space for each
250 sq.ft. of retail space and 1 space for each 2000 sq.ft. of wholesale
and storage space, the parking requirement for the total building was
determined to be 10 spaces. The applicant now proposes to convert
2450 sq.ft. of space occupied by a marine engine sales, service, and
repair facility to retail use. Therefore, the parking requirement for
Building No. 4 will increase from 10 spaces to 19 spaces (8.77 spaces
for remaining uses and 9.8 'spaces for the new uses). Inasmuch as there
are only 9 spaces currently on site, an offsite parking agreement will
be required for the remaining 10 parking spaces. These spaces are.
proposed to be located on the adjoining site owned by Riverpointe
Properties LTD. (Buildings 1, 2, and 3 as illustrated on the attached
land use and parking space plans). Outlined bn the'next page.,ts a
summary, -of ,the :proposed-i,par•king':arrangement:
TO: Planning Commission - 3.
Building No. Gross Floor Area Spaces Required
1, 2, and 3 24,435 (Retail) 97.74
4 7,420 (Retail, Wholesale 18.57
& Storage) Total - 116.31
Spaces Provided 117
In order to accomplish the arrangement noted above, the applicants are
proposing to enter into and record a declaration establishing reciprocal
access and parking easements across both sites. It is the opinion of the
staff that approval of this reciprocal access and parking arrangement
will improve the parking and circulation pattern throughout the center.
Specific Findings and Recommendations
If the Planning Commission desires to recommend the approval of the
proposed off -site parking arrangement to the City Council, the
following findings and conditions are suggested:
Findings•
1. The off -site parking area adjoins the subject property and
is therefore located so as to be useful to the proposed uses.
2. The applicants are proposing to enter into and record a '
reciprocal parking and access agreement benefiting both sites.
3. The offsite parking spaces will not create undue traffic
hazards in the surrounding area. In fact, the•proposed parking
layout of the subject parking lot will create better vehicular
maneuverability and automobile storage than now exists.
4. The City Traffic Engineer has no objections with the offsite
parking arrangement.
Conditions:
1. That an offsite parking agreement shall be approved by the
City Council, guaranteeing that a minimum of 10 parking
Spaces shall be provided on the Riverpointe Properties
LTD. site for the duration of the proposed use.
2. That said agreement shall be signed by the applicant prior
to the issuance of building permits.
3. That a recorded copy of the proposed reciprocal parking and
access agreement between the applicants and Riverpointe
Properties, LTD. shall be furnished to the Planning Department
prior to the issuance of building permits.
4. That employees shall be required to park on site.
TO: P&ning Commission - 4. .
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
By_
Carol L. Kruse
Associate Planner
CLK/dlt
Attachments: Letter from Applicant
Vicinity Map
Assessor's Parcels
Land Use Plan
Parking Space Plan
1
• r�
DAVID R. BRYANT
3.936 Stonesgate Street
Westlake Village, CA 91361
December 10, 1979
Community Development Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
ATTN: Carol L. Kruse
Associate Planner
RE;, Request for approval of off -site parking agreement for
2902 West Coast Highway, Newport Beach
Gentlemen:
Please consider this our application for approval of the off -
site parking plan benefiting the property at 2902 West Coast
Hiahwav in the Citv of Newport Beach,
Under the proposed plan, the rear 2,450 square feet of the
existing building would be leased for retail use, The present
use of this space as a machine.shop is unsightly and noncon-
forming to the surroundings, The use of the balance of the
building would remain unchanged,
The proposed plan would include a reciprocal ingress, egress,
and parking agreement with Riverpoint Properties, Ltd,, owner
of Buildings 1,2, and 3(the post office) over the entire park-
ing area shown on the attached site plan. A copy of the pro-
posed agreement with Riverpoint is attached,
As the parking analysis of the site plan shows, the resulting
combined available parking comfortably exceeds the City's code
requirements.
We believe the proposed plan would significantly upgrade the
appearance and quality of use in this area, and would be
distinctly in the best interests of the City of Newport Beach
Thank you for your early consideration,
r r
V ry truly yours, r
David R. Bryant'"
r
For John P . Hooten
DRB/smt
g o P ° a.\
kl
ol
J Z.\ • Z , pRIJE
•2p_ P"2o-
1 S C[
y
6
P�I�G
�J � � �� PICRIICIO L/N6
oltl��do y � µ UFO
I
I. •
SrP,EET
0
0o r
HI
�i
- I
to
28 7A.98'
/. /7 AO.
15 FRWY.
21
1
WEST C0,9S%
17
isA.is•
z7 s
0
�2 'I FRWY.
=� 'I /.ZO AC.
6T4 RILSRSIM-
919
1 1
f-//GHPY4Y
L
O
a
EXHIBIT B
to "DECLARATION ESTABLISHING ACCESS AND
PARKING EASEMENTS"
tASEmENT
0
Ba* '42
O$ 43
0
vI
13
`9 - 32 NOTE - ASSESSOR'S BLOCK 8
I - 88 PARCEL NUMBERS
> 0 - 23 SHOWN IN CIRCLES
I
go
J
Q
AVON Si
N
L
W
O
W
BO�
ASSESSOR'S ASAP
BOOK 49 PAGE //
COUNTY OF ORANGE CD
EXHIBIT B
to DgC.AmTp�? SSmArL•IS:rTID?G ACCESS AND
r
/�
Ian GFu
SEQVICE dT/}7-70,J
(Ivor A ?IrR7-)
`W urVl (
G�AQ�}tcs
��ItJG �'EJC�fiJE;
sGRalce � R�r�,A�R �
ecea
L PER t�►2MD
RNFJ1VDt 4ve.
�ASEP
V(JtTt i� CL�4tFp121tiJIA
7 ¢3
I
�,
S}4
'•i
41 Planning Commission Mee*g January 10, 1980
Agenda Item No. 5
CITY OF NE14PORT BEACH
January 4, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: Offsite Parking Agreement (Discussion)
Request to accept an offsite parking and
reciprocal access agreement for required parking
spaces in conjunction with a proposed conversion
of an existing machine shop to retail space in an
existing structure on Mariners' Mile.
LOCATION: A portion of Tract No. 939, located at 2902 West
Coast Highway, on the northerly side of West Coast
Highway, westerly of Riverside Avenue on Mariners'
Mile.
ZONE: SP-5
A,P.p.L I.£,4NJ'S.,.. .,,, nw:,; - �4-rfi : -2.:^; wn�c^^ u•r~��'r-vFi%rr�•r" : t'.-;�ch, can �,•..PL�„�F6''t�i 3�*ac;^h
OWNERS: John P. and Janet D. Hooten, Newport Beach
The staff requests that -this item be continued to the Planning
Commission meeting of January 24, 1980.
PLANNING DEPARTMENT
JAMES D. HEWICKER, DIRECTOR
By
1D. Ae&" o.r�
Jam s D. Hewicker
Di ector
JDH/dlt
0 0
DAVID R, BRYANT
1936 Stonesgate Street
Westlake Village, CA 91361
December 10, 1979
Community Development Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
ATTN: Carol L. Kruse
Associate Planner
OR4 va
2i3-&28-/111y
RE:' Request for approval of off -site parking agreement for
2902 West Coast Highway, Newport Beach
Gentlemen:
Please consider this our application for approval of the off -
site parking plan benefiting the property at 2902 West Coast
Highway in the City of Newport Beach,
Under the proposed plan, the rear 2,450 square feet of the
existing building would be leased for retail use. The present
use of this space as a machine shop is unsightly and noncon-
forming to the surroundings. The use of the balance of the
building would remain unchanged,
The proposed plan would include a reciprocal ingress, egress,
and parking agreement with Riverpoint Properties, Ltd,, owner
of Buildings 1.2, and 3(the post office) over the entire park-
ing area shown on the attached site plan, A copy of the pro-
posed agreement with Riverpoint is attached.
As the parking analysis of the site plan shows, the resulting
combined available parking comfortably exceeds the City;s code
requirements.
We believe the proposed plan would significantly upgrade the
appearance and quality of use'in this area, and would be
distinctly in the best interests of the City of Newport Beach
Thank you for your early consideration,
V y truly yours,
�A/yant
id
For John P. Hooten
DRB/smt
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Y rCECEtVEv 0
nt
DEC 12 1979>�
NEWACrY OF
nI EEACH
CALIi .
I
DECLARATION ESTABLISHING ACCESS
AND PARKING EASEMENTS
THIS DECLARATION ESTABLISHING ACCESS AND PARKING
EASEMENTS (the "Declaration") is made and entered into as of
December _, 1979 by and between RIVERPOINT PROPERTIES,
LTD., a general partnership ("Riverpoint"), and JOHN P. HOOTEN
and JANET D. HOOTEN, husband and wife (collectively, "Hooten"),
based upon the following facts:
A. Riverpoint is the owner of certain real
property located in the City of Newport Beach, County -of
Orange, State of California, more particularly described on
Exhibit A-1 attached hereto and incorporated herein by this
reference ("Parcel A").
B. Hooten is the owner of certain real property
located in the City of Newport Beach, County of Orange,
State of California, more particularly described on Exhibit
9
A_2 attached hereto and incorporated herein by this reference
("Parcel B").
C. The parties desire to make specific arrange-
ments for the development and maintenance of certain easement
areas on Parcel A and Parcel B (collectively, the "Property")
on the terms and conditions contained herein.
Based on the foregoing, and for good and valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
Article I
GENERAL PROVISIONS
Section 1. Definitions. Unless the context
otherwise specifies or requires, for all purposes of this
Declaration:
(a) the term "Declaration" means this Declaration
Establishing Access and Parking Easements, including any
and all amendments and supplements hereto;
(b) the term "Easement Areas" includes all portions
of the Property designated for vehicular ingress and egress,
and parking as designated on Exhibit B;
-2-
(c) the term "Owner" means any of the parties
hereto and any subsequent owner of record (whether one or
more persons, partnerships, corporations, trusts, or other
entities) of an estate (whether freehold or less than free-
hold) in a Parcel, including a contract seller of a Parcel,
any lessee or sublessee of a Parcel, any secured party in
possession of a Parcel or after becoming the owner of an
estate in a Parcel pursuant to judicial foreclosure, fore-
closure by power of sale, delivery of a deed in lieu of
foreclosure, or any other procedure, and a purchaser of a
Parcel --ch foreclosure sale, but not including a
secured party who does not have possession of a Parcel prior
to such secured party's becoming the owner of an estate in a
Parcel;
(d) the term "Restrictions" means all the ease-
ments,, covenants, conditions, and restrictions set forth in
this Declaration as they now 'exist and as they may from time
to time be amended or supplemented;
(e) the term "Street" means any public street,
highway, or other thoroughfare adjacent to the Property or
any part thereof, whether designated as a street, boulevard,
place, drive, road, terrace, way, lane, circle, or otherwise.
-3-
Section 2. Establishment of Restrictions. The
parties, as Owners of the Property, hereby declare that the
Parcels and every part thereof are now held, and shall
hereafter be held, transferred, encumbered, sold, leased,
conveyed, used, and occupied subject to the Restrictions,
each and all of which are for, and shall inure to, the
benefit of, and pass with each and every part of, each
Parcel, and shall apply to and bind each Parcel and the
heirs, assigns, and successors in interest of each and every
Owner, it being the intent of the parties that each and all
of the Restrictions shall run with the land.
Section 3. Purpose of Restrictions. The purpose
of the Restrictions is in general -to provide ingress and
egress to and from each Parcel and to afford easements for
reciprocal parking privileges to each Parcel, in accordance
with a unified plan.
Article II
PROPERTY RIGHTS IN THE EASEMENT AREAS
Section 1. owners' Easements. Subject to and in
accordance with the provisions of this Article II, the
Owners shall have easements for the purposes and to the
extent specified below (collectively, the "Easements") in,
to and over the Easement Areas, which Easements are appurte-
nant to and for the benefit of, and shall pass with, the
title to such Owner's Parcel as the dominant tenement, and
which shall burden the other Parcel as the servient tenement,
all for the mutual benefit and enjoyment of both of the
Parcels and their Owners.
Section 2. Use of Easement Areas. Each of the
Easements constitutes a right to use the Easement Areas for
ingress from any Street to each Parcel and egress from each
Parcel to any Street, parking for employees, business invitees,
tenants, and licensees of each Owner. Employee and tenant
parking shall be limited to the crosshatched areas on Exhibit B.
Tenants and employees of the Hooten property shall be entitled to
seven parking places; tenants and employees of the Riverpoint
property shall be entitled to 24 parking places.
Section 3. Nonexclusiveness of Easements. The
Easements do not create rights to exclusive use, but create
rights of nonexclusive use, with all Owners and their respec-
tive successors, assigns, lessees, invitees, and licensees
having the right mutually to use the Easement Areas, and
every part thereof, for those uses specified in Section 2
above and Section 4 below.
-5-
Section 4. Maintenance
Each Owner agrees to
maintain, at its sole cost and expense, in good and sanitary
order, condition and repair, and at such grade as to permit
reasonable access to and from each Parcel and each Street
and across all portions of the Easement Areas, and to replace
as needed, that portion of the asphaltic and concrete surfaces
within the Easement Areas which is located on its Parcel,
all for the mutual benefit of both Owners and both Parcels.
Article III
COVENANTS RUNNING WITH THE PROPERTY
Section 1. Covenants Running With the Property.
The Restrictions contained in this Agreement, whether affirma-
tive or negative in nature, shall constitute covenants
running with each Parcel for the benefit of the other Parcel,
which covenants shall bind and inure to the benefit of the
parties and all Owners and their respective successors and
assigns. The Restrictions shall constitute equitable servi-
tudes upon each Parcel and shall bind and inure to the
benefit of each Parcel.
-6-
Article IV
DURATION
The Easements and the mutual rights and duties to
use of the Easement Areas and the other Restrictions, all as
set forth in this Declaration, are perpetual and not limited
in duration.
Article V
ENFORCEMENT
Section 1.. Abatement and Suit. Except as other-
wise provided by this Declaration, violation or breach of,
or threatened violation or breach of, any Restriction shall
give to the parties, and every Owner, the right, in addition
to all rights granted herein, to prosecute a proceeding at
law or in equity against a defaulting Owner to enjoin or
prevent its violating or breaching any Restriction, to cause
said violation or breach to be remedied, or to recover
damages for said violation or breach. No Owner shall, by
reason of the exercise of any right or remedy set forth
herein, be deemed to have trespassed upon the Parcel of any
other Owner nor be subject to any liability to an Owner for
-7-
entry onto its Parcel or any action taken or any damage done
in connection with exercise of any such right or remedy.
Section 2. Violation Deemed to Constitute a
Nuisance. Except.as otherwise provided by this Declaration,
the result of every action or omission whereby any Restric-
tion is violated or breached, in whole or in part, is hereby
declared to be and to constitute a nuisance, and every
remedy allowed by law or in equity against an Owner, either
public or private, shall be applicable against every such
violation and may be exercised by any Owner.
Section 3. Attorneys' Fees. In any legal or
equitable proceeding for the enforcement of this Declaration
or any Restriction in this Declaration, whether it be an
action for damages, declaratory relief, injunctive relief,
or otherwise, the losing party or parties shall pay the
costs and expenses of suit of the prevailing party or parties,
including without limitation attorneys' fees, in such rea-
sonable amount as may be fixed by the court in such pro-
ceedings, or in a separate action brought for that purpose.
All remedies provided in this Declaration or at law or in
equity shall be cumulative and not exclusive.
-8-
Section 4.
Failure to Enforce Not
a Waiver of
Rights.
The failure
of any owner to enforce
any Restriction
shall in no event be deemed to be a waiver of the right to
do so thereafter nor of the right to enforce any other
Restriction.
VI
MISCELLANEOUS PROVISIONS
Section 1 Constructive Notice and Acceptance.
Every person, partnership, corporation, trust, or other
entity who now or hereafter owns, occupies, or acquires any
right, title or interest in or to either Parcel is and shall
be conclusively deemed to have consented to this Declaration,
such consent to be deemed to be evidenced by the recordation
of the instrument by which such person, partnership, corpora-
tion, trust or other entity acquired an interest in said
Parcel.
Section 2. Effect of Invalidation. If any Restric-
tion in this Declaration is held to be invalid by any court,
the invalidity of such Restriction shall not affect the
validity of any of the remaining Restrictions, and the
invalid Restriction shall be enforced, including any neces-
.�. 0 0
sary modifications, to the extent legally possible to ful-
fill the intent thereof.
Section 3. Gender and Number. In this Declara-
tion, the masculine, feminine and neuter genders shall be
deemed to include the others, and the singular number shall
be deemed to include the plural, to the extent the context
so requires.
Section 4. Amendments or Modifications of
Declaration. This Declaration may only be amended or,modi-
fied by an instrument in writing signed and acknowledged by
Owners of both of the Parcels.
Section 5. Further Assurances. The parties agree
to execute and deliver any and all additional documents as
may be required to carry out the intent and purposes of this
Declaration.
r�
IN WITNESS WHEREOF, the undersigned have executed
this Declaration Establishing Access and Parking Easements
as of the day and year first above written.
RIVERPOINT PROPERTIES, LTD-,
a general partnership
By
General Partner
0
EXHIBIT A-1
to"DECLARATION ESTABLISHING ACCESS AND PARKING
EASEMENTS"
THAT PORTION OF LOT t'F" OF 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, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHEASTERLY LINE OF THE CALIFORNIA
STATE HIGHWAY, AS SHOWN ON SAID MAP OF TRACT NO. 919, DI
STANT
SOUTHEASTERLY 750.00 FEET, MEASURED ALONG SAID NORTHEASTERLY LINE,
FROM WALTERHS.SSPICEAANDRLY WIFEORNER OF RECORDEDHE LAND NOVEMBERE170 BED 1930IINTHE BOOKEED T0
436
PAGE 190, OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 280 59' 30"
EAST, 213.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 610
00' 301t EAST, 50.00 FEET TO THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED IN A DEED TO J. H. GORDON AND WIFE, RECORDED AUGUST 160 1939
IN BOOK 1011 PAGE 610 OF SAID OFFICIAL RECORDS; THENCE NORTH 280 591
30" EAST ALONG SAID SOUTHEASTERLY LINE TO A LINE PARALLEL WITH AND
DISTANT NORTHEASTERLY 280.52 FEET FROM THE SOUTHWESTERLY LINE OF SAID
LOT F; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 50.00 FEET TO A
LINE PARALLEL WITH AND DISTANT SOUTHEASTERLY 50.00 FEET FROM SAID
SOUTHEASTERLY LINE OF J. H. GORDON; THENCE SOUTH 280 591 30" WEST
ALONG SAID PARALLEL LINE TO THE SOUTHWESTERLY LINE OF LOT F; THENCE
SOUTH 610 001 30" EAST ALONG SAID SOUTHWESTERLY LINE, 25.00 FEET TO A
LINE PARALLEL WITH AND DISTANT SOUTHEASTERLY 75.00 FEET FROM SAID
SOUTHEASTERLY LINE OF THE LAND OF J. H. GORDON; THENCE NORTH 280 59t
30" EAST ALONG SAID PARALLEL LINE TO THE SOUTHWESTERLY LINE OF THE
LAND DESCRIBED IN A DEED RECORDED IN BOOK 8124 PAGE 443 OF SAID
OFFICIAL RECORDS; THENCE SOUTH 610 001 30" EAST ALONG SAID SOUTH-
WESTERLY LINE, 129.15 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT F;
THENCE NORTH 280 59t 30" EAST ALONG SAID SOUTHEASTERLY LINE 328.83
FEET TO THE MOST EASTERLY CORNER OF SAID LOT F; THENCE NORTHWESTERLY
ALONG THE 280 592 30" EAST AFROM LTHE ITRUE NE FPOINT OF SAID BEGINNING; THENCE TO A LINE THAT SOUTH NORTHARS SOUTH280
59t 30" WEST, 222.59 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN
THAT MAY BE BELOW THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND,
TOGETHER OPERATINGWTHEREFORPANDETUAL REMOVINGHTHEFSAMELFROM�SAIDILANDOREXPLORING ANY OTHER
LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND
MINE FROM LANDS OTHER THAN THOSE HEREIN DESCRIBED, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND
DRILLEDDWELLSBETUNNELSTANDOSHAFTSUUNDERIANDOBENEATH ORRBEYONDATHE
EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE.THROUGH THE SURFACE OF
SAID UPPER 100 FEET OF THE SUBSURFACE OF SAID LAND OR OTHERWISE IN
SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT -MAY BE
CONSTRUCTED ON SAID LANDS, AS EXCEPTED IN THE DEED•RECORDED MAY 28,
1969 IN BOOK 8970 PAGE 7, OFFICIAL RECORDS.
a
EXHIBIT A-2
to "DECLARATION ESTABLISiiING ACCESS AND PARKING EASEMENTS"
PARCEL 1: The Southwesterly 280.53 feet of the Northwesterly 50 feet
(said 50 feet being measured along State Highway) of that portion of Lot
F of Tract No. 919, as per rap„recorded in book 29, pages 31 to 34
inclusive, of Miscellaneous Naps, in the office of the County Recorder
of said county, described as follows:
Beginning at a point on the Southwesterly line bf said lot at the most
Westerly corner of that portion of said lot conveyed to 1.1. 11. Galbreth
by deed recorded June 232 1937 in book 290, page 231 of Official Records,
said point being in a line which is parallel with and 110 feet North-
westerly, measured at right angles, from the Southeasterly line of said
lot; thence from said point of beginning North 28° 59' 30" East along
said parallel line to an intersection with the Northeasterly line of
said lot; thence Northwesterly along said Northeasterly line of said
lot, 94.35 feet to the most Easterly corner of that portion of said lot
conveyed to J. H. Gorden and wife by deed recorded August 16, 1939 in .
book 1011, page 61 of Official Records; thence South 28° 59' 30" West
along the Southeasterly line of said portion of said lot conveyed by
said last mentioned deed to an intersection with the Southwesterly line
of said lot, and thence South 610 00' 30" East along said last rentioned
line of said lot, 94.15 feet to the point of beginning.
PARCEL 2: An easement for ingress and egress over, on and across the
following described real property situated in the City of Newport Beach,
County of Orange, State of California, described as follows:
That portion of Lot F, of Tract No. 919, in the City of Nowport Beach,
described as follows: Shown on a map recorded in book 29, pages 31 to
34 inclusive, of Miscellaneous idaps, records of Orange County, California:
Beginning at a point in the Southeasterly line of said Lot "F", distant
therefrom 130 feet Northeasterly, fron the Northerly line of the State
highway, as granted to the State of California by deed recorded July 12,
1929, in book 311, page 170 of Official Records in the office of the
County Recorder of said Orange County, and running thence North 610 00'
30" 41est 154.15 feet to the Southeasterly line of the land described in
the deed from 1•1. T: Jefferson to Andre J. Durocher and wife, dated April
18, 1945, recorded July 2, 1945 in book 1321, page 17 of•Official Records
of Orange County, California; thence North 28' 59' 30" East along said
Southeasterly line, 30 feet; thence South 610 00' 30" East 154.15 feet
to the Southeasterly line of said Lot "F"; thence South-280 59' 30" ktest
30 feet along the Southeasterly line of said Lot "F", to the point of
beginning.
N.
EXHIBIT B
to "DECLARATION ESTABLISHING ACCESS AND
PARKING EASEMENTS"
0
zkbc� '4-2
_� E CT_i•71M�
i:' �.
(TUFF
-17
�11
—II
BOO A3
l
COMMISSIONERS
1:0111
:3 7R
ROLL CALL
Present xI
Ix
57�Absent
Motion
Ayes
Absent
Regular Planning Commission Meeting
•Place: City Council Cha rs
Time: 7:30 P.M.
Date: January 24, 1980
of Newaort Beach
Ames Hewicker, Planning Dire 'r
obert Burnham, Assistant Ci Attorney
on Webb, Assistant City E gineer
lenn'a Gipe, Secretary
* *
nutes Written,.�gy: Glenna Gipe
* * *
rov of the minutes of the regular Planning
m' sion meeting of January 10, 1980 was post-
d to the regular Planning Commission meeting
February 7, 1980
* * *
MIND
x otion was made to continue Item No. 2, Use Permit
i� x x x x o. 1924, to the regular Planning Commission meet-
ing of February 7, 1980, pending receipt and evalu
tion of a site plan which would illustrate how
he planning on the three sites is to be coordina-
ted.
* * *
equest to accept an offsite parking and reciproca-
ccess agreement for required parking spaces in
onjunction with a proposed conversion of an exist-
ng machine shop to retail space in an existing
tructure on Mariners' Mile.
TION: A portion of Tract No. 919, located
at 2902 West Coast Highway, on the
northerly side of West Coast High-
way, westerly of Riverside Avenue
on Mariners' Mile.
E: SP-5
APPLICANTS: David R. Bryant and John P. Hooten,
Newport Beach
)WNERS: John.P. and Janet D. Hooten, Newport
Beach
INDEX
OFFSITE
PARKING
AGREEMENT
APPROVED
CONDI-
TIONALLY
-1-
COMMISSIONERS
ism
o m g x 2 D
0�
ROLL CALL
Motion
Ayes
Absent
Motion
Ayes
Absent
Ix
•January 24, 1980 0
of Newport Beach
MINUTES
James Hewicker, Planning Director, advised that
any action that the Planning Commission would
take on this item would be in the form of a recom
mendation to the City Council.
The Public Hearing was opened regarding this item
and David Bryant, Applicant, appeared before the
Planning Commission to state his concurrence with
the conditions as set forth in the Staff Report.
In response to a question posed by Commissioner
McLaughlin, Mr. Bryant replied that the rear
third of the shop will be converted to retail use.
Motion was made that the Planning Commission make
the findings as indicated in Exhibit "A" of the
Staff Report and approve the Offsite Parking Agree
ment, subject to the conditions as indicated in
Exhibit "A" of the Staff Report.
Request to permit the temporary use of a modular
building for a California Savings and Loan branch
facility in the P-C District.
LOCATION: A portion of Block 93, Irvine's
Subdivision, located at 2370 East
ti Coast Highway, on the northerly
side of East Coast Highway, west- -
erly of MacArthur Boulevard.
ZONE: P-C
PPLICANT: C'rr fornia Federal Savings and
Loan„ Los Angeles
ER: The Irvine' -,Company, Newport Beach
otion was made that the Planning -Commission con-
inue this item to the regular Planrhikg Commission
eeting of February 7, 1980, pending receipt and
valuation of a site plan which would illustrate
ow the planning on the three sites is to be``co-
rdinated. �.
INDEX
Item P2
USE PER-
MIT NO.
1924
CONTIN-
UED TO
FEBRUARY
7, 1980
-2-
COMMISSIONERS N
_ January 10, 1980
(05 w W City of Newport Beath
ROLL CALL
Motion x Motionfwa"s made that the Planning Commission make
Ayes Y x x xx x thelfindings indicated in Exhibit "A" of the Staf
Absent * Report and approve Resubdivision No. 645, subject
-~' to the conditions as indicated in Exhibit "A" of
y- the Staff Report.
* * *
INDEX
Request to accept an offsite parking and recipro- Item N5
cal access agreement for required parking spaces
in conjunction with a proposed conversion of an OFFSITE
existing machine shop to retail space in an exist- PARKING
ing structure on Mariners' Mile. AGREEMEN
LOCATION: A portion of Tract No. 919, locat- CONTIN-
ed at 2902 West Coast Highway, on UED TO
the northerly side of West Coast JANUARY
Highway, westerly of Riverside 24, 1980
Avenue on Mariners' Mile.
ZONE: SP-5
APPLICANTS: David R. Bryant and John P. Hooten
Newport Beach
OWNERS: John P. and Janet D. Hooten, Newpo
Beach
Motion Motion was made to continue this item to the re -
Ayes x x x x gular Planning Commission meeting of January 24,
Absent * 1980.
* * *
Request to establish a two unit residential condo
minium project on each of three adjoining lots in
an R-2 District.
L ION: Parcel No. 2, Parcel Map 119-16,
17 (Resubdivision No. 571), Par-
cel No. 1, Parcel Map 119-17, 18
Resubdivision No. 571), and Lot
2 ract No. 444, located at 211
and 2 a Jolla Drive and 218
North New p t Boulevard, northerly
of Santa Ana nue, between North
Newport Boulevar d La Jolla Dri
adjacent to Newporthts.
Item #6
USE PER-
MIT NO.
1923
APPROVED
CONDI-
TIONALLY
-13-
e 4
2902 WEST COAST HIGHWAY (BUILDING NO. 4)
149 RIVERSIDE AVENUE (BUILDING NO. 1)
177 RIVERSIDE AVENUE (BUILDING NO, 2)
191 RIVERSIDE AVENUE (BUILDING NO. 3)
PARKING ANALYSIS /
RETAIL:
BUILDING NO. 1 7,953 SQUARE FEET GROSS AREA
BUILDING NO. 2 7,144 SQUARE FEET GROSS AREA
BUILDING NO. 3 9,338 SQUARE FEET GROSS AREA
BUILDING NO. 4 2,450 SQUARE FEET GROSS AREA
TOTAL RETAIL, 26,885 SQUARE FEET GROSS AREA
PARKING REQUIRED AT 1 PER 250 SQUARE FEET = 107.54 CARS
EXISTING WHOLESALE USE:
BUILDING NO. 4 4,970 SQUARE FEET GROSS AREA
PARKING REQUIRED AT 1 PER 2,00 OSQUARE FEET = 2.49 CARS
TOTAL REQUIRED 110.03 CARS
TOTAL PROVIDED 117 CARS
+IG"?�1 i5 1'1v Yl�i e: •''�� `�Ftin Y'.. t.'.; Y'a
Qg =l - �, y���_�, r�, �. "i
lLV:d E:n�xf VI �r^� �a�.s�' al'S.a' £d C��a'-' ?-
'',- g lP/ vZW 15'/DE" 9 Y.ENL/E
P.eEPfJ.P,�O fjY:
JOf�NSON-FiP.9Nk � ASSOC, /NC',
�6�0 .5? SUN.C�/S7" sU/TE "C ••
411,gh'.E/1w; r4 z l"c '9 2 8 0 6
19W (7/4) (534-0157
F02
Cl T )e OF CH
JN. 32/-78'
411
14
� 7�.It
4%
Ir
k'
ik IIF :1-,
NtT
It
•
Tin INZj
V.
3.
it
eN
itT--
7'
go
TYP
10 Of I?E T14
4
�`A ly4yn 40
t'4j
IN
4;t
V,
%
Fi
14 1
!=0
tTYP)
ri
0
X /5
off41
16Fj
2902 West Coast Highway (Building #4)
o, 149 Riverside Avenue (Building #1)
177 Riverside Avenue (Building #2)
191 Riverside Avenue (Building #3)
9Z.0,
JI
T
PARKING ANALYSIS
)0,
jt
ti RETAIL:
Building #1 7,953 square feet gross area
Building #2 7,144 square feet gross area
Building #3 9,338 square feet gross area
4
Building # 4 2,450 square feet gross area
C Total Retail 26,885 square feet gross area
I N TE D
Parking required @ 1 per 250 square feet = 107.54 cars
N9V2 01979
JOHNSON 'FRANK & ASSOCS
EXISTING WHOLESALE USE:
Building #4 4,970 square feet gross area
Parking required @ 1 per 2,000 square feet = 2.49 cars
% /Y 11eRe491V1k F 017 r% �% 4r.
TOTAL REQUIRED 110.03 cars
t
TOTAL PROVIDED 117 cars N
C.
-0157
Cc,
4"
-YYV
C11
`7, e
7
'4i
Z
IV It "I
r
It
b;;;� i �A
% 4