HomeMy WebLinkAbout3360 & 3366 VIA LIDO111111111111111111111111111111111111111 lill III lill
*NEW FILE*
3360 & 3366 VIA LIDO
'40, Tpt
CITY OF NEWPORT BEACH
CALIFORNIA
August 1, 1975
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is Off -Site Parking Agreement
from Donald M. Koll fnr 4y4 Via T.i rin/rt ty mAtiCmn81 8an]r
for parking purposes.
s Authorized by Resolution No. 8533 .
_ City Manager authorized by Resolution No. 6773 to accept
easement deeds.
City }fall
3300 W. Newport Blvd.
Area Code 714
673-2110
pT 2321
�•`' - OFF -SITE PARKING AGREEMENT
(Donald M. Koll - 3360 Via Lido)
r
,;,r.;„ _. �.•, Chl•j.92660 I Pursuant -to Gov't Code 6103 City of
r I Newport�ach repeats free recordz
tion. 6irfvta
THIS AGREEMENT is made and entered into this p- Tif'day `=
of 476•& y , 1975, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "City"
and Donald M. Koll, an individual, hereinafter referred to
as "Koll".
W I T N E S S E T H:
WHEREAS, Koll is the owner of that certain property
described as Parcel 1 of Parcel Map recorded in Book 60, Page 43
of the Records of the County Recorder of the County of Orange,
State of California; and
WHEREAS, Koll desires to enlarge the existing five story
office building located at 3360 Via Lido in Lido Village, also
located on Parcel 1, above described; and
WHEREAS,'in,conjunction with said enlargement, pursuant
to the parking requirements found in the Newport Beach Municipal
Code, Koll will be required to provide an additional five off-
street automobile parking spaces; and
11
WHEREAS, Parcel 1 does not have sufficient size to
provide the additional five off-street automobile parking spaces;
and
WHEREAS, said five off-street automobile parking spaces
can be provided in the Lido Village parking structure, being
located'on Lot 1, Tract 1117; and
WHEREAS, the Planning Commission of the City of Newport
Beach on June 19, 1975, recommended to the City Council that an
off -site parking agreement between the City and Koll be approved,
which will guarantee that five off-street automobile parking
spaces will be provided for the benefit of Parcel 1 in the Lido
Village parking structure; and
WHEREAS, the City Council approved said off-street
parking agreement on July 14, 1975, finding the agreement in
accord with Section 20.38.040 of the Newport Beach
Code.
NOW, THEREFORE, in consideration of the foregoing, it
is agreed by and between the parties hereto as follows:
1, For so long as Koll keeps, maintains and operates
the five -story building located at 3360 Via Lido on Parcel 1, Koll
will maintain not less than five off-street automobile parking
spaces in the Lido Village parking structure.
2. In the event the use of the parking spaces in the
Lido Village parking structure should terminate or be lost to
Koll for any reason, Koll will immediately thereafter obtain
additional off -site parking spaces satisfactory to and to be
approved by the City. If substitute parking facilities are not
obtained, Koll will cause to be terminated that portion of the use
of the building for which sufficient off-street parking is provided,
measured by the parking standards of the City of Newport Beach
then in effect.
3. Koll will use the off-street parking located in the
Lido Village parking structure for the use of customers and
visitors and business invitees of tenants in the five -story
building located at 3366 Via Lido.
4. This Agreement shall run with the property described
as Parcel 1 above and shall bind the heirs, successors in interest
and assigns of the parties hereto and it shall be recorded in the
office of the County Recorder of the County of Orange, State of
California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH
By-T,�eGG�
Mayor
Donald M. Ko 1
114 74H 925
4}.
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE )
On L ?c1 , 1975, before me, the undersigned,
a notary public (In for said state, personally appeared
[SL: LvGi Ct y�%7' 1 C `)2x.� known to me to be the Mayor
and a �wlA.cr,_ �}Z 44 )r , known to me to be the
City Clerk of the Municipal Corporation that executed the within
instrument on behalf of the corporation therein named and
acknowledged to me that such Municipal Corporation executed the
within instrument pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
IN
�� .. , .r.a;; ar F ��_ic c :'•i: cnrin i� �(G'''Lu�•-�•-r
•�^�''• 0 ,%N*2. COUI4TY Notary Public in and for said State
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On , 1975, before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the
of the corporation that executed the within instrument, known to
me to be the person who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal.
TO 447 CA (4.73)
TITLE INSURANCE
(Individual)
AND TRUST
STATE OF CALIFORNIA
ATICOR COMPANY
couNTY of ORANGE
SS.
July 16, 1975 before
me, the undersigned, a Notary Public in and for said
TOn
State, personally appeared Donald M.
Koll
W
R
W
S
of
.
kROWn to me
m he the person _ vilmse name 1S
subscribed
of I,,rr fill, within insituent and acknowledged Ihut
he •....♦.♦••.••..♦.•♦♦....•.♦.•♦
executed the >mne.
* OFFICIAL SEAL
• DIANNE J. HARTFO 2D e
WITNESS my band and official seal.
:. e
♦ l;
„r�
♦ y„ fNOTARY ^U3LIC•CALIFORNIA
♦+�• •� PRINCIPAL OFFICE IN
L�
Signatur e �?�.Tusr`'�'*�l�\�
• ORANGE COUNTY
♦ My Commission Expires April 22, 1979
OIANNE J. HARTFORD
Name (Typed or Printed)
(This area for oMelat notarial seal)
said State
RESOLUTION NO.
Y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE OFF -
SITE PARKING AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE DON KOLL COMPANY, INC.
(3360 VIA LIDO)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain amendment to the Off -
Site Parking Agreement between the City of Newport Beach and
the Don Koll Company, Inc.; and
WHEREAS, the City Council has considered the terms
and conditions of said amendment to the agreement, and found
them to be fair and equitable and in•the best interests of the
City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the -City of Newport Beach that said amendment above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 14th. day of July , 1975.
Mayor
ATTEST:
City Clerk
DDO/bc
7/10/75
r, r 4cial
11474 Page 924
Records of Orange County
• , 05 am Aug. 4, 1975
Instrument No. 2321
OFF -SITE PARKING AGREEMENT
(Donald M. Koll - 3360 Via Lido)
THIS AGREEMENT is made and entered into this 29T//day
of 1975, by and between the CITY OF NEWPORT BEACH,
i
a municipal corporation, hereinafter referred to as "City"
and Donald M. Koll, an individual, hereinafter referred to
as "Koll".
W 'I T H E S' S E T H:
WHEREAS, Koll is the owner of that certain property
described as Parcel 1 of Parcel Map recorded in Book 60, Page 43
of the Records of the County Recorder of the County of Orange,
State of California; and
WHEREAS, Koll desires to enlarge the existing five story
office building located at 3360 Via Lido in Lido Village, also
located on Parcel 1, above described; and
WHEREAS, in conjunction with said enlargement, pursuant
to the parking requirements found in the Newport Beach Municipal
Code, Koll will be required to provide an additional five off-
street automobile parking spaces; and
WHEREAS, Parcel 1 does not have sufficient size to
provide the additional five off-street automobile parking spaces;
and
WHEREAS, said five off-street automobile parking spaces
can be provided in the Lido Village parking structure, being
located on Lot 1, Tract 1117; and
WHEREAS, the Planning Commission of the City of Newport
Beach on June 19, 1975, recommended to the City Council that an
off -site parking agreement between the City and Koll be approved,
which will guarantee that five off-street automobile parking
spaces will be provided for the benefit of Parcel 1 in the Lido
Village parking structure; and
WHEREAS, the City Council approved said off-street
parking agreement on July 14, 1975, finding the agreement in
accord with Section 20.38.040 of the Newport Beach Municipal
Code.
NOW, THEREFORE, in consideration of the foregoing, it
is agreed by and between the parties hereto as follows:
1, For so long as Koll keeps, maintains and operates
the five -story building located at 3360 Via Lido on Parcel 1, Koll
will maintain not less than five off-street automobile parking
spaces in the Lido Village parking structure.
2. In the event the use of the parking spaces in the
Lido Village parking structure should terminate or be lost to
Koll for any reason, Koll will immediately thereafter obtain
additional off -site parking spaces satisfactory to and to be
approved by the City. If substitute parking facilities are not
obtained, Koll will cause to be terminated that portion of the use
of the building for which sufficient off-street parking is provided,
measured by the parking standards of the City of Newport Beach
then in effect.
3. Koll will use the off-street parking located in the
Lido Village parking structure for the use of customers and
visitors and business invitees of tenants in the five -story
building located at 3360 Via Lido.
4. This Agreement shall run with the property described
.as Parcel 1 above and shall bind the heirs, successors in interest
and assigns of the parties hereto and it shall be recorded in the
office of the County Recorder of the County of Orange, State of .
California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH
By
Mayor
Donal o�—
W
or
W
S
W
a
a
N
A
TO 447 CA (4.73)
(Individual) Oro TITLE INSURANCE
AND TRUST
STATE OF CALIFORNIA ATICOR COMPANY
COUNTY OF ORANGE SS.
On July 16, 1975 before me, the undersigned, a Notary Public in and for said
State, personally appeared Donald M. Koll
to be the person _whose name a C) subscribed
to the within instrument and acknowledged that he
executed the same.
WITNESS my ]land and official seal.
{�. Signature% •- gct,t,
DIANNE J. HARTFORD
Name (Typed or Printed)
known to me
OFFICIAL SEAL
• 'ems DIANNE 'I HARTFORD
♦ '" NOTARY PUBLIC-CALIFORNIA
♦ PRINCIPAL OFFICE IN
• ORANGE COUNTY
My Commission Expires April 22, 1979 i
(This area for official notarial seal)
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE )
On , 1975, before me, the undersigned,
a notary public in and for said state, personally appeared
3xwyoknown to me to be the Mayor
and ' , known to me to be the
City Clerk of the Mu icipal Corporation that executed the within
instrument on behalf of the corporation therein named and
acknowledged to me that such Municipal Corporation executed the
within instrument pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
F
DOPOTHY L. PAiEN
Notary Public in and for said State
Il01 1 PUOLIGCALIFORNIAPRIW31PAL OPFICC-IN
ORANGE COUNTYsion Ezpi'as Feb. 9, 1977
o^v=a•=v-cra-evv�woe
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On , 1975, before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the
of the corporation that executed the within instrument, known to
me to be the person who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said State
ROLL CALL
Ayes
Motion
Ayes
Motion
Ayes
Motion
Ayes
Motion
Ayes
ZZ
COUNCILMEN
Dmlpaimp",
�m T 9� m y2 k o �m
! 0
CITY OF NEWPORT BEACH
T"1v 14. 1979
MINUTES
INDEX
x
x
x
x
x
x
x
x
N
-`_A vote was taken on Councilman Rogers' motion, and
iCe'soluttioonNoo.. 8,,536 was adopted.
Resolution No. 8539, approving the agreement, entitled
Memorandum of Understanding; -negotiated by repre-
sentatives of the Newport Beach Emplo-yees Association
Local 373 A.F.S.C.M.E., AFL-CIO, and th� e City repre-
sentative; for the fiscal year 1975-76, was adopt
R-8537
CURRENT BUSINESS:
r
1. A report was presented from the Community Development
Koll
Department regarding an amendment to an existing off -
site parking agreement in conjunction wit -ha fiva-
story building located at 360 Via- i'do to permit the
en argement of the first oor area for a proposed "
bank.
Ed Megge and Betty Winkler addressed the Council
opposing the amendment to the off -site parking
agreement.
Tim Strader, representing Don Koll Company, addressed
the Council and urged approval of the amendment.
Resolution_ No. 8538, authorizing the execution of an
R-8538
amendment to the off=site pau r- ing agreement with
x
x
x
x
x
Don Ko11 dompany, Inc., was adopted. —
A report was presented from the Community Development
First
Department regarding an off -site parking agreement in
Healthc fe
conjunction with an adult retirement care center, Use
Corp
Permit No. 1396A, to allow a portion of the existing
parking spaces for said adult retirement center to be
utilized by an aZ3,eing convalescent hospital site,
located at 400 HWay, on the easterly side of
Hilary Way and wly of Newport Boulevard nea
Hoag Hospital, zA-P-H.
Resolution No. 8authorizing the exe tion of an
R-8539
off -site parkingement with the Fi t Healthcare
x
x
x
x
x
Corporation, wasted.3.
A report was pred from th ublic Works Depart-
Assessment
meet regarding ped Anne ation No. 1 of additional
Dist 50/
lands to Assessmistr' t No. 50 (street lighting
Annex 1
on Bay Avenue frh reet to 15th Street).The
Public Worksctor was ordered to prepare andx
x
x
x
x
file with th erk a written report entitled
"Proposed An ation No. 1 of Additional Lands to
Assessment istrict No. 50"; the preliminary report
from th ublic Works Director was accepted; and the
staff as directed to prepare a Resolution of Intention
for ouncil consideration on August 11 ordering the
oposed street lighting system along Bay Avenue from
8th Street to 15th Street and setting a public hearing.
Volume 29 - Page 147
• 0
RESOLUTION NO. 85 38
CON-P!IIWJITY E%`1'7".0,^,%,1ENT I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE OFF -
SITE PARKING AGREEMENT BETWEEN THE.CITY OF
NEWPORT BEACH AND THE DON KOLL COMPANY, INC.
(3360 VIA LIDO)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain amendment to the Off -
Site Parking Agreement between the City of Newport Beach and
the Don Koll Company,_Inc.;'and
WHEREAS, the.City Council has considered the terms
and conditions of said amendment to -the agreement, and found
them to be fair and equitable and in•the best interests of the
City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the-City,of Newport Beach that said amendment above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this 14th. day of July , 1975.
Mayor
ATTEST:
City Clerk
DDO/bc
7/10/75
.. ,
0 •
City Council Meeting July 14, 1975
Agenda Item No. G-1
CITY OF NEWPORT BEACH
July 9, 1975
TO: City Council
FROM: Department of Community Development
SUBJECT: Off -site Parking Agreement
Request of Don Koll Co., Inc. to amend an existing
Off -site Parking Agreement in conjunction with a
five story building located at 3360 Via Lido so as
to permit the enlargement of the first floor area
for a proposed bank.
LOCATION: Parcel 1 of Parcel Map 60-43, located at 3360 Via
Lido, on the northeasterly side of Via Lido, south-
easterly of Via Oporto, in Lido Village, and Lot 1,
Tract 1117 (Lido Village Parking Structure).
ZONE: C-1-H
APPLICANT: Don Koll Co., Inc., Newport Beach
OWNER: Same as Applicant
Recommendation
At its June 19, 1975 meeting, the Planning Commission recommended
approval of this amendment to the existing off -site parking agreement.
Application
This application requests approval of an off -site parking agreement
in conjunction with the enlargement of the existing five story office
building located at 3360 Via Lido in Lido Village.
In accordance with Section 20.38.040 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 build-
ing site or 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) 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 build-
ing site or sites).
(d) 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, pro-
viding for the maintenance of the required off-street parking
T-0: City Council - 2.
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.
Environmental Significance
This project has been reviewed, and it has been determined that
it will not have any significant environmental impact.
Analysis
The applicant proposes to remodel and enlarge the existing five
story office building at 3360 Via Lido (formerly known as the Imperial
Savings Building). The proposed development consists of the addition
of a 510 sq.ft. bank vault and a 126 sq.ft. conference room on the
first floor of the existing structure. Since two on -site parking
spaces will be eliminated with the proposed building additions,
five parking spaces will be required. The applicant proposes to
utilize the Lido Village Parking Structure for the subject parking ,
spaces.
Lido Village Parking Structure
The Lido Village Parking Structure was initially approved by the
Planning Commission in December, 1972, and designed originally to
accommodate 367 automobiles. It should be noted that the structure
has recently been restriped to accommodate 393 cars (including
employee tandem parking spaces on the top level).
Three hundred and eight -four (384) of the existing parking spaces
in the parking structure are obligated, leaving a surplus of nine
parking spaces for the daytime use.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By
W-ILLIAM R. FULLY
Environmental Coordinator
WRF/kk
Attachments for Council Only:
Vicinity Map
Letter from Applicant
Plot Plan
Planning Commission Minutes dated June 19, 1975
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DISTRICTING
MAP
WPORT BEACH
— CALIFORNIA
AGRICULTURAL RESIDENTIAL
R�
HIRE,
MULTIPLE RESIDENTIAL
SINGLE FAMILY RESIDENTIAL
I
LIGHT COMMERCIAL
DUPLEX RESIDENTIAL
�E__I
GENERAL COMMERCIAL
RESTrD MULTIPLE FAMILY RESIDENTIAL
L M—I
MANUFACTURING
GOMSIRING OISTRIOTS
UNCLASSIFIED
SET Al,RSHOWN THUS•-0-
�U�
CC: ��
IIMI FEO COMMERCIAL
N
-ORO NO 69A
DEC 24,1950
OFF-51TE 'PA'RK/NG AGREEMENT
TIMOTHY L. STRADER
ATTORNEY AT LAW
1901 DOVE STREET
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (7141 833-2830
June 6, 1975
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Attention: James D. Hewicker
Director, Community Development
Reference: Off -Site Parking Agreement Amendment
Gentlemen:
Enclosed with this letter are copies of floor plans showing the
proposed construction of a bank vault and conference room by
City National Bank in front of the five -story building at Lido
Village. On November 21, 1974 the Planning Commission approved
an Off -Site Parking Agreement for the operation of a restaurant
and private club after 6:00 P.M. The installation of these
additional improvements will result in a need of four more parking
spaces during the day. We request an amendment to the Off -Site
Parking Agreement utilizing four additional parking spaces in the
Lido Village Parking Structure to support the installation of the
vault and conference room by City National Bank. Since construc-
tion will be delayed until your approval is obtained, we request
that this matter be given the highest priority.
V e my yo71,
(
TI ON�THY STRADER
TLS:dh
Enclosures
E
nacrionta� aar LOLL - co+ ABnAoe aeveae ,+no
NnwMvf twr cau�Vw;s .
�vac�nvrmcs pi..Wxaro f4mnAawlt
....• a. w.naw awn. aun . an .n .min. cu-e..m .uw n.w uauu
COMMISSIONERS CITY OF NEWPORABEACH
y�mv m y mi
mn`m y- �mrcG
m i y r v MINUTES
unit psi, m June 19. 1975
-" - -
mvcn
3. That the size of the directional sign shall
not exceed 6 sq. ft.
4. That the final plans shall be approved by the
Director of Community Development.
Item #4
equest to amend a reviously approved use permit
USE
fo the Warehouse Repstaurant so as to permit
PERMIT
dinin and special events including live entertain
WO. 1711
ment in a open patio area adjacent to the rest-
NDED
aurant.
CONT. TO
Location: el 1 of Parcel Map 63-11
JULT17
(Re division No. 447) located at
3450 V Oporto, on the northeast-
erly side f Via Oporto, easterly
of Central nue in Lido Village.
Zone: C-1-H
Applicant: Donald M. Koll, Newpor each
Owner: June Johnson and Calvin Rohr
Newport Beach
Motion
X
Planning Commission continued this matter to the
Ayes
X
X
X
X
X
X
meeting of July 17, 1975.
Absent
IX
Item #5
Request of Don Koll Co., Inc. to amend an existing
OFF -SITE
Off -Site Parking Agreement in conjunction with a
PARKING
five story building located at 3360 Via Lido so as
GR7 REEtMENT
to permit the enlargement of the first floor area
for a proposed bank. (Discussion)
APPROVED
Location: Parcel 1 of Parcel Map 60-43
located at 3360 Via Lido, on the
northeasterly side of Via Lido,
southeasterly of Via Oporto, in
Lido Village and Lot 1, Tract 1235
and a portion of Lot 2, Tract 1117
(Lido Village Parking Structure).
Zone: C-1-H
Applicant: Don Koll Co., Inc., Newport Beach
Owner: Same as Applicant
Page 7.
COMMISSIONERS CITY OF NEWPORAEACH
`O m ➢a
MINUTES
A
ROLL CALL m June 19, 1975 INDEX
Staff explained the need for 5 parking spaces as
opposed to the 4 spaces requested by the applicant
Tim Strader, representative of the applicant,
appeared before the Commission and agreed with the
staff's computation and recommendation. He ans-
wered questions of the Commission relative to
directional signing for the additional parking.
Staff advised that four spaces would be left for
daytime use in the parking structure should this
request be approved.
Mr. Gould, representing the Elks Lodge, appeared
before the Commission and advised that if the
request was for daytime parking only, they had no
objection, as their agreement for parking in the
structure was from 5:00 p.m. to 2:00 a.m.
Motion
X
Following discussion, motion was made to approve
Ayes
X
X
X
X
X
X
the amendment to the off -site parking agreement
Absent
X
guaranteeing that a minimum of five parking
spaces would be provided in the Lido Village
parking structure for the proposed development at
3360 Via Lido.
Planning Commission requested that a summary be
prepared, indicating the number of spaces in the
parking structure, to whom they are assigned, and
the hours for which they are assigned.
Ite 6
Request to permit live entertainment in conjunct'
USE
with an existing restaurant.
PERMIT
NO. 1757
Location: Lot 1 and a portion of L 2, Block
225, Section A of the ewport Beach
APPROVED
CONDI-
Tract, located at 28th Street,
on the norther side of 28th
TIONALLY
Street, eas ly of Newport Boule-
vard in nery Village.
Zone: C-
Applicant: E1 Ranchito #4, Newport Beach
Owner• Grace Wedekind, Newport Beach
taff distributed a letter of protest received
from Mrs. Rae Coates.
Public hearing was opened in connection with this
matter.
Page 8.
City oNlve.:p • .
C;ty off art 6uach
3300 Nav #.t Goulcvard
Newpbor9 Elcack California 92660
. F
OFF -SITE PARKING AGREEMENT
-(Don Koll.Company, Inc. - 3360 Via Lido)
THIS AGREEMENT is made and entered into this day
of , 1975, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "City"
and DON KOLL COMPANY, INC., a corporation, hereinafter referred
to as "Koll".
W I T N E S S-E T H:
WHEREAS, Koll is the owner of that certain property
described as Parcel 1 of Parcel Map recorded in Book 60, Page 43
of .the Records of the County Recorder of the County of Orange,
State of California; and
WHEREAS, Kdll desires to enlarge the existing five story
office building located at 3360 Via Lido in Lido Village, also
located on Parcel 1, above described; and
WHEREAS, in conjunction with said enlargement, pursuant
to the parking requirements found in the Newport Beach Municipal
Code, Koll will be required to provide an additional five off-
street automobile parking spaces; and
WHEREAS, Parcel 1 does not have sufficient size to
provide the additional five off-street automobile parking spaces;
and
WHEREAS, said five off-street automobile parking spaces
can be provided in the Lido Village parking structure, being
located on Lot 1, Tract 1117; and
WHEREAS, the Planning Commission of the City of Newport
Beach on June 19, 1975 recommended to the City Council that an
off -site parking agreement between the City and Koll be approved,
which will guarantee that five off-street automobile parking
spaces will be provided for the benefit of Parcel 1 in the Lido
Village parking structure; and
WHEREAS., the City Council approved said off-street
parking agreement on 1975 finding the agreement
in accord with Section 20.38.040 of the Newport Beach Municipal
Code.
NOW, THEREFORE, in consideration of the foregoing, it
is agreed by and between the parties hereto as follows:
1. For so long as Roll keeps, maintains and operates
the five -story building located at 3360 Via Lido on Parcel 1, Roll
will maintain not less than five off-street automobile parking
spaces in the Lido Village parking structure.
2. In the event the use of the parking spaces in the
Lido Village parking structure should terminate or be lost to
Roll for any reason, Roll will immediately thereafter obtain additional
off -site parking spaces satisfactory to and to be approved by the City.
If substitute parking facilities are not obtained, Roll will cause
to be terminated that portion of the use of the building located
at 3360 Via Lido, so as to only use that part of the building for
which sufficient off-street parking is provided, measured by the
parking standards of the City -of Newport Beach then in effect.
3. Roll will use the off-street parking located in the
Lido Village parking structure for the use of customers and
visitors and business invitee's of tenants in the five -story building
located at-3360 Via Lido.
4. This Agreement shall run with the property described
as Parcel 1 above and shall bind the heirs, successors in interest
and assigns of the parties hereto and it shall be recorded in the
office of the County Recorder of the County of Orange, State of
California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH
By
Mayor
ATTEST:
City Clerk DON ROLL COMPANY, INC.
APPROVED AS TO FORM:
05
By
Assistant City Attorney
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On , 1975, before me, the undersigned,
a notary public in and for said state, personally appeared
and
known to me to be the Mayor
known to me to be the
City Clerk of the Municipal Corporation that executed the within
instrument on behalf of the corporation therein named and
acknowledged to me that such Municipal Corporation executed the'
within instrument pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On , 1975, before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the
of the corporation that executed the within instrument, known to
me to be the person who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws
or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said State
ItITY OF NEWPOR9 BEACH
MEMORANDUM: FTOM HUGH R. COFFIN
TO JIM HEWICKER
o"mmurii£"y""DeveTopmerit"'."'
........... ��..�....................... 19........
SUBJECT: Off -Site Parking Agreement - Don Koll Co.,' Inc.
3360 Via Lido
Please review the attached Off -Site Parking Agreement to determine
whether or not it complies with the Planning Commission action on
June 19,, 1975.
Please let us know your determination as soon as possible so that
we can send the Agreement to the Don. Koll Co, for execution,
Reply wanted ❑
Reply not necessary ❑
NI.M
`J RECEIVED
Y E inity
Ve
n� Dev .lip -en
D,;nL t
- f JUN 2 719/5r-..
CITY op
NEWpCRTBEACH CALIF. '
HRC:yz
Planning Commission eeting June 19, 1975
Item No. 5
CITY OF NEWPORT BEACH
June 13, 1975
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Offsite Parking Agreement
Request of Don Koll Co., Inc. to amend an existing
Offsite Parking Agreement in conjunction with a five
story building located at 3360 Via Lido so as to
permit the enlargement of the first floor area for
a proposed bank.
LOCATION: Parcel 1 of Parcel Map 60-43 located at 3360 Via
Lido, on the northeasterly side of Via Lido, south-
easterly of Via Oporto, in Lido Village and Lot 1,
Tract 1117 (Lido Village Parking Structure).
ZONE: C-1-H
APPLICANT:
Don
Koll
Cp., Inc., Newport Beach
OWNER: ,
Same
as
Applicant
Application
This application requests approval of an offsite parking agreement
in conjunction with the enlargement of the existing 5 story office
building located at 3360 Via Lido in Lido Village.
In accordance with Section 20.38.040 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
site or 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) 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).
(d) 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.
Environmental Significance
This project has been reviewed, and it has been determined that
it will not have any significant environmental impact.
Item No.
To: Planning Commission - 2
Analysis
The applicant proposes to remodel and enlarge the existing 5 story
office building at 3360 Via Lido (formerly known as the Imperial
Savings Building). The proposed development consists of the addition
of a 510 sq.ft. bank vault and a 126 sq.ft. conference room on the
first floor of the existing structure. Since two on -site parking
spaces will be eliminated with the proposed building additions, 5
parking spaces will be required. The applicant proposes to utilize
the Lido Village parking structure for the subject parking spaces.
Lido Village Parking Structure
The Lido Village parking structure was initially approved by the
Planning Commission in December, 1972 and designed originally to
accommodate 367 automobiles. It should be noted that the structure
has recently been restriped to accommodate 393 cars (including
employee tandem parking spaces on the top level).
Three hundred and eighty four (384) of the existing parking spaces
in the parking structure are obligated, leaving a surplus of nine parking
spaces for the day time use.
Recommendation
Staff has no objections to the applicant's request, since both
properties are under the same ownership, and the parking structure is
approximately 250 feet from the subject 5 story office building. Staff
therefore recommends approval of an offsite parking agreement, guaran-
teeing that a minimum of five parking spaces shall be provided in the
Lido Village parking structure for the proposed development.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
By
William R. Laycoc
Senior Planner
WRL/dlt
Attachments: Vicinity Map
Letter from Applicant
Plot Plan
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y SEE MAP NO. S
PR P.
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SEE MAP NO. B \\ \\ SEE MAP NO. 6
DISTRICTING MAP
NEWPORT BEACH — CALIFORNIA
R-A AGRICULTURAL RESIDENTIAL R_4-_ MULTIPLE RESIDENTIAL
R-I SINGLE FAMILY RESIDENTIAL 1l 0C-I I LIGHT COMMERCIAL
DUPLEX RESIDENTIAL C-21 GENERAL COMMERCIAL
E OF FEET R-3 RES130 MULTIPLE FAMILY RESIDENTIAL [ M_t MANUFACTURING ORD. NO 699
n9 .00 Wa ae COMSININD DISTRICTS U UNCLASSIFIED DEC,1950
FRONT YARD SET BACK SHOWN'THUS•-0- C- C, LIMI fEO COMMERCIAL
OFF-s'TF- ?ARK/NGr AORUMENT
COMMISSIONERS
ti
ROLL CALL
• CITY OF N EWPORTOEACH
June 19, 1975
MINUTES
INDEX
r
3. That the size of the directional sign shall
not exceed 6 sq. ft.
4. That the final plans shall be approved by the
Director of Community Development.
Item #4
Re est to amend a previously approved use permit
for a Warehouse Restaurant so as to permit
dining d special events including live entertain
USE
PERMIT
90. 1711
ment in t open patio area adjacent to the rest-
MENDED
aurant.
CONT. TO
Location: Pa 1 1 of Parcel Map 63-11
(Resu ivision No. 447) located at
DULY 17
3450 Via porto, on the northeast-
erly side Via Oporto, easterly
of Central Av ue in Lido Village.
Zone: C-1-H
Applicant: Donald M. Koll, Newport ach
Owner: June Johnson and Calvin Rohrs,
Newport Beach
Motion
X
Planning Commission continued this matter to the
Ayes
X
X
X
X
X
X
meeting of July 17, 1975.
Absent
X
Item #5
Request of Don Koll Co., Inc. to amend an existing
OFF -SITE
Off -Site Parking Agreement in conjunction with a
five story building located at 3360 Via Lido so as
PARKING
GR� EEMENT
to permit the enlargement of the first floor area
for a proposed bank. (Discussion)
APPROVED
Location: Parcel 1 of Parcel Map 60-43
located at 3360 Via Lido, on the
northeasterly side of Via Lido,
southeasterly of Via Oporto, in
Lido Village and Lot 1, Tract 1235
and a portion of Lot 2, Tract 1117
(Lido Village Parking Structure).
Zone: C-1-H
Applicant: Don Koll Co., Inc., Newport Beach
Owner: Same as Applicant
Page 7.
T COMMISSIONERS CITY OF NEWPOR10EACH,
i y 1yC m y m y m
Qrll1 rAl1 p p N
June 19, 1975
MINUTES
,unev
Staff explained the need for 5 parking spaces as
opposed to the 4 spaces requested by the applicant
Tim Strader, representative of the applicant,
appeared before the Commission and agreed with the
staff's computation and recommendation. He ans-
wered questions of the Commission relative to
directional signing for the additional parking.
Staff advised that four spaces would be left for
daytime use in the parking structure should this
request be approved.
Mr. Gould, representing the Elks -Lodge, appeared
before the Commission and advised that if the
request was for daytime parking only, they had no
objection, as their agreement for parking in the
structure was from 5:00 p.m. to 2:00 a.m.
Motion
X
Following discussion, motion was made to approve
Ayes
X
X
X
X
X
X
the amendment to the off -site parking agreement
Absent
X
guaranteeing that a minimum of five parking
spaces would be provided in the Lido Village
parking structure for the proposed development at
3360 Via Lido.
Planning Commission requested that a summary be
prepared, indicating the number of spaces in the
parking structure, to whom they are assigned, and
the hours for which they are assigned.
Item #6
Request to permit live entertainment in conjunctio
USE
with an existing restaurant.
PERMIT
NO. 1757
Location: Lot 1 and a portion of Lot 2, Block
225, Section A of the Newport Beach
APPROVED
CONDI-
Tract, located at 409 28th Street,
on the northerly side of 28th
TIONALLY
Street, easterly of Newport Boule-
vard in Cannery Village.
Zone: C-1
Applicant: E1 Ranchito Newport Beach
Owner: Grace Wedekind, Ne rt Beach
Staff distributed a letter of protest re 'ved
from Mrs. Rae Coates.
Public hearing was opened in connection with this
matter.
Page 8.
Fj
a ..
A
October 23, 1975
Donald M.-Koll
1901 Dove -Street
Newport Beach, Calif. 92660
Subjects' Off -Site Parking Agreement
3360 Via Lido,
Dear Sir.:
We are 'enclosing herewitti, fd;r,-your files a copy,, of,'
the Off -Site Parking Agree96.qi;,. which has been
executed and recorded.
Very truly yours,
DEPARTMENT OF COMMUNITYA)EVEL.OPMENT
R HOJGANo DIRECTOR
By
James D. Hewicker,
Assistant Director Planning
JDH/sh
0 0
OFFICE OF THE CITY CLERK
DATE jug„At 15�
TO: Community Development Department
Attention: William Foley
SUBJECT: Off -Site Parking Agreement with Don Koll
for 3360 Via Lido
Attached is a copy of the recorded off -site
parking agreement with Don Koll for transmittal
to him. Also attached is a copy for your
files.
This agreement was authorized by the City Council
on July 14, 1975 by the adoption of Resolution
No. 8538.
Laura Lagios
R =
City Clerk
oo-"'
ti J
LL:swk
To:
From:
Subject:
CITY OF NEWPORT BEACH
office of
CITY ATTORNEY
RC Mmunity
Dovelopment
Dept.
JUL 211976*"
CITY OF NEWP RT BEACH
CALIF.
July 21, 1976
James D. Hewicker
Assistant Director - Community Development
Hugh R. Coffin
Assistant City Attorney
Parking Covenant - Five -Story Building
Lido Village
I am transmitting herewith an original and two copies of a
Parking Covenant - Five -Story Building Lido Village. The
original and copies have been executed by Donald M. Koll,
owner of the building. Please have the "City" execute the
agreement by signature of the Community Development Director
and transmit back to us two executed copies, you keeping one
for your files. We will return one copy to Timothy L.
Strader, attorney for Donald M. Koll and retain one copy
for our files.
Thank you for your cooperation in this regard.
HRC/bc
Attachments
t;o��,n�ndY
dl bavutupmont
oupt
JUL 211976�'
6 CITy OF OVAA
PARKING COVENANT mtwpog BFA
THIS PARKING COVENANT is made as of the day of
1976 by and between DONALD M. ROLL ("Koll")
and the CITY OF NEWPORT BEACH, a municipal corporation.(the "City").
R E C I T A L S
A. Roll is the owner of that certain real property (the
"Property") described on Exhibit "A" attached hereto and incorporated
herein by reference.
B. Roll has requested that the City permit occupancy of
the 5th Floor of the building located on the Property.
C. City is willing to permit occupancy of the 5th Floor
of the building on the terms and conditions set forth below.
NOW, THEREFORE, the parties hereby agree as follows:
1. Roll hereby acknowledges that the current parking
requirement for the Property is one hundred fifteen (115) spaces
consisting of thirty-nine (39) spaces on site with seventy-one (71)
spaces on 32nd Street and five (5) spaces in the Lido Village Parking
Structure.
2. At present, the 3rd Floor of the building is leased to
Tiffany's for a five (5) year term with an option to extend for two
(2) additional five (5) year terms which limits the use of the 3rd
Floor to after 6:00 P.M. every evening.
3. Roll has requested an occupancy permit for an area
consisting of approximately one thousand seven hundred fifty (1,750)
square feet on the 5th Floor of the building. This additional space
will -require seven (7) parking spaces. Roll agrees that'in the
0
event daytime use commences on the 3rd Floor of the building, he
will agree to limit occupancy of one thousand seven hundred fifty '
(1,750) contiguous square feet of floor area at some other location
in the building or obtain seven (7) additional off -site parking
spaces at a location satisfactory to the City.
4. 'Any amendments or additions to this Parking Covenant
shall be made in writing by,the parties hereto, and neither party
shall be liable for verbal or implied agreements.
5. This Parking Covenant contains the entire agreement of
the parties hereto with respect to the matters covered hereby.
6. This Parking Covenant shall be interpreted and con-
strued under and pursuant to the laws of -the State of California.
7. In the event any legal action or proceeding is com-
menced by either party hereto, reasonable attorneys' fees and costs
shall be awarded the prevailing party in any such action or pro-
ceeding.
IN WITNESS WHEREOF, the parties hereto have executed this
Parking Covenant as of the date first above written.
"KOLL ;'
Dona lKo�- ��
"CITY"
CITY OF NEWPORT BEACH
By
F
-2-
LEGAL,DESCRIPTION
Parcel 1, in the City of Newport Beach, County of Orange,
State of California, as shown on a Map filed in Book 60, Page 43 of
Parcel Maps, in the Office of the County Recorder of said County.
EXHIBIT "A"
a
CITY OF NEWPORT BEACH
TO: CITY COUNCIL
January 6, 1960
FROM: Robert Shelton, City Manager and J. W. Drawdy, Planning Director
SUBJECT: VARIANCE APPLICATION NO. 555 FILED BY NEWPORT BALBOA SAVINGS & LOAN
ASSOCIATION REQUESTING WAIVER OF ON SITE PARKING REQUIREMENTS
In accordance with your request, the following review is presented
regarding action taken by the Planning Commission and City Council pertaining
to the subject matter.
Variance application No. 555 was filed with the Planning Department
by the Newport Balboa Savings and Loan Association on July 31,, 1959, wherein
it was requested that a portion of on site parking requirements be waived in
view of the fact that off site parking for employees would be established at
another location.
Subject application was presented to the Commission on August 20, 1959,
and approved, subject to the following conditions:
111. Applicant must meet parking requirements by providing parking
at another location and the owner of both parcels must enter
into an agreement with the City agreeing that such other
location will always be used to provide the amount of parking
being waived at the building site. The agreement to be in a
form approved by the City Attorney and recorded in the Orange
County Recorder's office.
2. The processing of an amendment to the Municipal Code to re-
zone the,off site parking lot from a C-1-H to an Unclassified
District.
3. The alley adjacent to the property and one half of Villa Way
must be improved with curb, gutter and pavement in accordance
with specifications of the Director of Public Works.
4. Off site parking lot must be improved in accordance with plot
plan submitted with application."
On September 28, 1959, the City Council by a four to three vote
defeated Resolution 5092, which would have accomplished the first condition
quoted above.
At a special meeting on January 5, 1960, the application was again
reviewed by the Planning Commission and its action of August 20, 1959, was
unanimously reaffirmed.
n
Page -2-
if in order, the City Council may
1. Approve a resolution authorizing the execution of the
agreement previously drawn.
2. Request the applicant to process an application under the
new amendment to the zoning ordinance permitting off site
parking. This amendment will become effective on January
27, 1960.
Enclosed is a vicinity sketch prepared by the Planning Department.
Applicant has proceeded with certain improvements to the property
intended for off site parking at 32nd Street and Villa Way, having obtained
necessary approvals from the Public Works Department.
CC: Newport Balboa Savings and
Loan Association, c/o Donald
Harwood, Attorney
City Attorney
City Clerk
Public Works Director
ROBERT SHELTON
City Manager
Tn. D WDYning Director
32 ND
Fill
31 ST
PROPOSED PARK
PROPOSED PARK
FO-
It
O
Q.
O
o-
.,ru .
%O
STREET
STREET
J
PARKING REQUIRED 106 SPACES
ING ON SITE 40 SPACES
ING OFF -SITE 71 SPACES
III TOTAL A/ ANN/NQ OEPARTMENr
;?r ✓ANUARY 7. /.9c0
M
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AGREEMENT
2
3 THIS AGREEMENT, made by and between the CITY OF NEWPORT BEACH, a
4 municipal corporation, hereinafter called "City", and NEWPORT BALBOA SAVINGS
5 AND LOAN ASSOCIATION, a corporation, hereinafter called "Association", is
6 predicated upon the following;
7 RECITALS
8 Association proposes to erect an addition to an existing building
9 at 3366 Via Lido in the City of Newport Beach and has applied for a variance
10 permitting the reduction of off-street parking required by the Newport Beach
11 Municipal Code and in lieu thereof has proposed installation of an o£f-site
12 automobile parking area to be established and maintained for use in connection
13 with said existing building and proposed addition. The property on which
14 said addition will be situated is all that certain real property in the City
15 of Newport Beach, County of Orange, State of California, described as follows:
16 The northwesterly 20 feet of Lot 7, all of Lots 8
to 14, inclusive, and the southeasterly 40 feet
17 of Lot 15, Tract 1622, as per map recorded in
Book 47, page 39, of Miscellaneous Maps, Records
18 of Orange County, California,
19 'and is hereinafter referred to as "Parcel All. The property on which said
20 off -site parking lot is to be situated is all that certain real property in
21 the City of Newport Beach, County of Orange, State of California, described
22 as follows:
23
The Northerly 77.00 feet of Lots 23 to 30 inclusive
and the -Westerly 17.74 feet of Lot 22, Block 530,
24
Lancasters Addition to Newport Beach, as shown on a
map thereof, recorded in Book 5, Page 14 of Miscellaneous
25
Maps, Records of Orange County, California, and that
portion of 32nd Street, formerly Washington Avenue as
26
shown on said Map and more particularly described as
follows:
27
Beginning at the Northwesterly corner of said Lot
28
30, Block 530 of Lancasters Addition, thence Northerly
along the Northerly prolongation of the Westerly line
29
of said Lot 30, a distance of 11.00 feet to the
beginning of a curve concave to the Southeast, having
30
a radius of 15 feet; thence along said curve a distance
of 23.56 feet through a central angle of 90 degrees to
31
a point, said point being in a line 26 feet measured at
right angles Northerly of and parallel to the Northerly
32,
line of Lot 30; thence Easterly along said parallel line
P_'
- ... w.-• "'•i.n y. r,::,:Ly:.- :r.!: lx.�C- .'.'i �`:;isa- F - .S 51:1 n :•i,»`:,1•.. aiY •..: .... �, ,. ...., 'E �... :�.. ;ti±'S .+:.9- .t-lc�Sxen.'a, y.».i,y}; �.p:
. A^
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
191I
20;
21
22
23
24
25
26
27
28
29
00
31
32
,2 8 F45_ 2
to an intersection with the Northerly prolongation of
the Easterly line of the Westerly 17.74 feet of Lot
22 of said Block 530; thence Southerly along said
Northerly prolongation 26.00 feet to the Northerly
line of said Lot 22, thence Westerly along the Northerly
line of the Westerly 17.74 feet of Lot 22 and along
the Northerly line of Lots 23 to 30 inclusive to the
Point- of Beginning,
and is hereinafter referred to as "Parcel B". Both of said parcels are
owned by the Association and the Association is entitled to the immediate
possession and use thereof.
City, by and through its duly constituted Planning Commission,
has granted Variance No. 555 authorizing the reduction of parking on Parcel
A upon the condition that Parcel B shall be used to provide the number of
parking spaces presently required by the Newport Beach Municipal Code to
serve said building and proposed addition thereto on said Parcel A.
Association has elected to accept said conditional variance and,
therefore, in consideration thereof, does hereby covenant and agree with
1.
City as follows:
1. On or before the date the addition proposed to be built on
Parcel A is completed, Parcel B will be established and improved and there-
after maintained as a parking lot for use in connection with said existing
building and proposed addition on Parcel A for Association employees and
others having lawful permissive use thereof.
2, Said parking lot shall contain at least seventy-one (71)
parking spaces of standard size.
3. Said parking lot on Parcel B shall be maintained to provide
the number of spaces herein agreed upon for as long as Parcel A and the
buildings and improvements existing thereon, and to be erected thereon,
shall be used for any purpose which, under the laws and ordinances of the
City, requires that such amount of automobile parking be provided in
connection with such use, It is understood and agreed that Association
shall provide parking on Parcel A which, together with the parking to be
provided on Parcel B. shall meet the present Newport Beach Municipal Code
requirements for the present use and the proposed addition on said Parcel
2.
,�«..-., .das'r y:.".'n ', :;��ai:�. ..x� .... fi: ., -. .., a+,. .•.P•r'y:'^. ;ti:S. v-.i}�a't4�.yi`.C::LFY"pt"�; 4GSii55^,i�??iiiR'S•w..'J�i:"i,.:-
«
1
2
3
4
5i
61
7
8
9!
10
11
12
13
14'
15
16
17
18
19
20
21
22
RMI
24
25
26
27
28
29
30
31
321
f
Li 0 V 1
A and that any subsequent changes in said Code or other laws or ordinances
shall not operate to require the Association to provide additional parking
for the present use and said proposed addition. It is agreed, however, that
the City is not hereby restricted from legislative, administrative, executive
or quasi-judicial action with respect to either parcel of property as such
action may now or hereafter be authorized. Should a change in use or
additional use of either parcel be proposed, the regulations applicable at
the time shall apply.
4. This agreement and the covenants herein contained are made upon
the condition that if, in the future, the Association with the approval of
the City Council as to location shall provide a substitute parking area, plan
or system, at least equal in number of spaces to that to be provided on
Parcel B, then this agreement and the covenants herein set forth shall cease
and terminate and be of no further force or effect, and the City shall
thereupon execute a quitclaim releasing.all claims and interest it may have
in said Parcel B as created by this agreement.
5. This agreement shall run with the lands herein described and
shall bind the successors of the present owners thereof and shall be recorded
in the Office of the County Recorder of Orange County.
Executed January Lj , 1960.
a
OF NEWPORT BEACH,
Mayor
NEWPORT BALBOA SAVINGS AND LOAN
ASSOCIATION, a California corporation
By
President.,
G6eeaXen i By9//r?iGf�C;`:?%/3
Secretar j•-,,'
3.
.Y
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.';;y, U68 FACE 24
STATE OF CALIFORNIA )
as
COUNTY OF ORANGE )
On this /yam day of January, 1960, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared P. A.
Palmer and Florence Earl, ,known to me to be the President and Secretary,
respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Vablic in and foz
said County and State
My Commission Expires Nov, 6, 19p
STATE OF CALIFORNIA ) "(^d i i......
ss
COUNTY OF ORANGE )
On this /.5 day of January, 1960, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared JAMS
B. STODDARD and MARGERY SCHROUDER, known to me to be the Mayor and the City
Clerk, respectively, of the CITY OF NEWPORT BEACH, the municipal corporation
that executed the within instrument, and acknowledged to me that said municipal
corporation executed the same pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
Ztiz�vA,. �'11 c �t�e-v-y
Notary Pubic in and forfl
said County and State
MY Commission Expires Nov. 6, 1960 i �; •V'
RECORDED AT REQUEST 01f +
IN OFFICIAL IiCCUROS OF
ORANGE COUNTY, CALIF.
9:U5 AN JAN 25 1960
RUBY McFMLAND, County Recorder
FREE
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yyWC:
1/11/ (12) Gar, 068 PAGE P-5
1 RESOLUTION No. 5147.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NSWPORT BEACH AUTHORIZING THE EXECUTION OF
3 A CONTRACT WITH NEWPORT BALBOA SAVINGS AND
LOAN ASSOCIATION
4
5 WHEREAS* Newport Balboa Savings and loan Association
6 filed application for variance No. 555 seeking permission, to
7 reduce the off-street parking.required at 3366 Via Lido in the
8 City of Newport Beach; and
g WHEREAS, said Association offered to provide the full
10 amount of off-street parking required for use in connection with
11 the business building.at 3366 Via Lido by improving a parcel of
i2 property consistitg, of a portion of Block •530,•Lancastera'Addis
13 tion, at 500 through 516 - 32nd Street in Newport Beach; and
14 WHEREAS1, the Planning Commission approved Variance No.
15 555 on condition that the applicant enter a contract with the
16 City of Newport Beach to be recorded in the office of the County
17 Recorder of Orange County in which the Association would guarantee
18 to continue the use of the pff-site automobile parking.area to
19 provide the amount of parking required for as long as such amount
20 of parking is required for the building at 3366 Via Lido cinder
21 the laws and ordinances of the City; and
22 WHEREAS, said Association has executed such a contract
23 and it would be in the interests of the City to approve said
24 contract to require said area to be used for parking as agreed;
25 NOW, THEREFORE, BE IT RESOLVED that the City Council
26 hereby approves said agreement and the Mayor and City Cleric are
27 authorized and directed to execute the same on behalf of the City
28 of Newport Beach,
29 BE IT FURTHER RESOLVED that the City Clerk is authorized
30 and directed to record said agreement and execute any certificate
31 necessary to accomplish the recording.
32 This resolution was adopted by the City Council of the
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05 68 PAGE ��f3
1 City of Newport Beach at a regular meeting on the llth day of
2 January, 19601, by the following vote, to wit:
AYES, COUNCILMEN: Atkinson, I3igbie,
Stoddard, Hart, Lorenz, Somers
5 ,t, : _ NOES, COUNCILMEN: None
ABSENT. COUNCILPISN: Kingsley
CAST:
city Cleric
10 mayor
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.Y
WK Mee
9110/59 (7)
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AGREEMENT
THIS AGREEMENT, made by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter called "City”, and
INEWPORT BALBOA SAVINGS AND LOAM ASSOCIATION, a corporation, here-
inafter called "Association", is predicated upon the following:
RECITALS
Association proposes to erect an addition to an existing
jbuilding at 3366 Via Lido in the City of Newport Beach and has
1applied for a variance permitting the reduction of off-street
!parking required by the Newport Beach Municipal Code and in lieu.
.thereof has`Vr6pd#efd,inst&11atidix of' -an park -
line area to be established and maintained for use in connection
(with said existing building and proposed addition. The property
!on which said addition will be situated is all that certain real
;property in the City of Newport Beach, County of orange, State of
California, described as follows:
The northwesterly 20 feet of Lot 7, all of Lots 8
to 149 inclusive, and the southeasterly 40 feet
of Lot 15, Tract•1622, as per map recorded in
Book 47, page 39, of Miscellaneous maps, Records
of orange County, California,
and is hereinafter referred to as "Parcel A". The property on
which said off -site parking lot is to be situated is all that
Icsrtain real.,property in the•City ofNewport Beach,'County of
!orange, State of California, described as follows:
The Northerly 77.00 feet of Lots 23 to 30 in-
clusive and the Westerly 17.74 feet of Lot 22,
Block 530, Lancasters Addition to Newport Beach,
as shown on a map thereof, recorded in Book 5,_
Page 14 of Miscellaneous Maps, Records of Orange
County, California, and that portion of 32nd
Street, formerly Washington Avenue as shown on
said Hap and more particularly described as
follows:
Beginning at the Northwesterly corner of said
Lot 30, Block 530 of Lancasters Addition, thence
Northerly along the northerly prolongation of the
Westerly line of said 'Lot 30, a distance of 11.00
feet to the beginning of a curve concave to the
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Southeast, having a radius of 15 feet; thence
along said curve a distance of 23.56 feet through
a central angle of 90 degrees to a point, said
point being; in a line 26 feet measured at right
angles Northerly of and parallel to the Northerly
line of Lot 30; thence kasterly along said paral-
lel line.to an intersection with the Northerly
pprolongation of the Easterly line of the Westerly
17.74 feet of Lot 22 of said Block 530; thence
Southerly along said Northerly prolongation 26.00
feet to the 'Northerly line of said lot 22, thence
Westerly along the Northerly line of the Westerly
17.74 feet of Lot 22 and along the Northerly line of
Lots 23 to 30 inclusive to the Point of Beginning,
and is hereinafter referred to as "Parcel B". Both of said
parcels are owned by the Association and the Association is
entitled to the immediate possession and use thereof.
Citp3 Sy' end tliroiiglz' its ' a'lu�y''`ddcist3 toted' `Pianining Com-
mission, has granted: Variance No. 555 authorizing the reduction of
parking on Parcel A upon the condition that Parcel B shall be used
to provide. the number of parking spaces presently requifed by the
Newport Beach Municipal Code to serve said building and proposed
addition thereto on said Parcel A.
Association has elected to accept said conditional
variance and, therefore, in consideration thereof, does hereby
covenant and agree with City as follow;
1. On or before the date the addition proposed to be
built on Parcel. A is completed, Parcel B will be established and
improved -and thereafter maintained -as 'e-parking'lot for use, in
connection with said existing building and proposed addition on
Parcel A for Association employees and others having lawful per-
missive use thereof.
2. Said parking lot shall contain at least Seventy-one
(71) parking spaces of standard size.
3. Said parking lot on Parcel B shall be maintained to
provide the number of spaces herein agreed upon for as long as
Parcel A and the buildings and improvements existing thereon, and
to be erected thereon, shall be used for any purpose which, under
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the lake and ordinances'of the City, requires -that such amount of
automobile parking be provided in connection with such use. It is
understood and agreed that Association shall provide parking on
Parcel A which, together with the parking to be provided on Parcel
A, shall meet the present Newport Beach Municipal Code requirements
for the present use and the proposed addition on said Parcel A and
that any subsequent changes in said Code or other laws or ordinances
shall not operate to require the Association to provide additional
parking for the present use and said proposed addition. It is
agreed, however, that the City is not 'hereby restricted from legia-
lative, administrative, executive or quasi-judicial action with
'teipt-tt Eo `eiCher' 'parcel ' c�'i� "property' a ` 3iicli-' stt'3oir' may" naw' or
hereafter be authorized. Should a change in use or additional use
of either parcel be proposed, the regulations applicable at the
time shall apply.
4. This agreement and the covenants herein contained
are made upon the condition that if, in -the future, the Association
with the approval of the Planning Commission as to location shall
provide a substitute parking area, plan or system, at least equal
in number of spaces to that to be provided on Parcel B, then this
agreement and the covenants herein set forth shall cease and termi-
nate and be of no further force or effect, and the City shall
thereupon'exeoute a, quitclaim releasing all claims and,interest it
may have in said Parcel B as created by this agreement.
5. This agreement shall run with the lands herein
described and shall bind the successors of the present owners
thereof and shall be recorded in the Office of the CountX,Ucorder
of Orange County.
Executed September 12 , 1959.
CITY Or NEWPORT BEACH, NEWPORT BALBOA SAVINGS AR LOA.'4
a municipal corporation ASSOCIATION, C --hr corporation
By By---.
Mayor /�f� /� PR 1DENT
Attest i
By /L�fG���1�
ity er �ECRETAft!
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STATE OF MIFOR,NIA
as
COUNTY 017 04ANGE )
On this 12THday of September, 1959, before me, the
undersigned, a notary Public in and for said County and State,
personally appeared P. A. PALMER and FLORENCE EARL
knowf to me to be the PRESIDENT and
SECRETARY res'pecti'f e1q, of the corporation that
executed the within instrument, and acknowledged to me that such
corporation executed the within instrument pursuant to its by-'!aws
or a resolution of its board of directors.
1n'ITi� MSS n1y hand and official. seal.
••.+.p-i�.,�.q��.i,�rtalJ,�„t}P.1q,rt'1: �.1...:N,. ;>.;; sir rjti•:':'roM*:Ni:#Y:i rsr,;..:a^,✓,yjdrGi fya�,��',;ae�tFa��,,y�.b::!;.y.ian••p�}>ri,.�:f...ty;,•iini. v•, }...
Lary Public iW/and tor
said County and State
My Commission Expires Jan, 16, 1960
STATE OF CALIFORPUA )
S s8
COUNTY OF- ORAPt E )
On this day of September, 1959,'before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared JAMS S. STODDARD and MARGERY SCIMUDER,
lamovn to me to be the tiayor,and the City Clerk, respectively, of
the CITY OF WIR FORT BEACH, the municipal corporation that executed
the within instrument, and'aclmowledged to me -that said municipal=•
corporation executed the same pursuant to a resolution of its City
Council,
WITNESS my hand and official -seal.
Notary Public in and for
vaid County and State
I
'+ • 5 .J l.q. .
January 22, 1960
Mrs. Ruby McFarland
County Recorder
Court House Annex
Santa Ana, California
Dear Madam:I
Attached hereto for recordation is an
agreement between the City of Newport
Beach and the Newport Balboa Savings and
Loan Association, and a copy of Resolution
No. 5147, which resolution was adopted
on January 11, 1960.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:nv
Encls.
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