HomeMy WebLinkAbout3701-3723 BIRCH ST*NEW FILE*
3701=3723 BIRCH ST
I RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CAMPUS INVESTORS
4320 Campus Drive, Suitc'110
Nowpoint Beach, California 92660
"INTERIM OI'F-SITE PARKING AGREEMENT
3723 Birch Street, Newport Beach, California
AUG - 3 1973
INNOVATIVE CONSU'.T,'ATS,
I:P. •T-RATED
0A /+*n
This Agreement is made and entered into this 20th day, of June,'1978
by and between CAMPUS INVESTORS, a limited partnership, Lessee 6f Lot 570
Tract 3201 (3723 Birch Street, Newport Beach, California) and 3701 BIRCH
COMPANY, a general partnership, Newport Beach, California, Lessee of L04-
58 and a portion of Lot 59, Tract 3201-
VI T N E S S E T H:
A. An offs -site parking agreement dated December 12, 1977 and executed
by and between the City of Newport Beach, a municipal corporation, and
The Irvine Company, a Michigan corporation, relating in part to the use
of twenty-eight (28) parking spaces on said land, upon the terms,'cov-
enants and conditions therein provided, that was recorded December 15,
1977 in Book 12494, Page 737, official records-
B. CAI.IpUS INVESTORS is the Lessee of that certain parcel 6f real pro-
perty located in the City of Newport Beach described as follows:
Lot 57, Tract No. 3201 as recorded in Book 130, Pages 25-30,
inclusive, Miscellaneous Maps, Records of Orange County, Ca -
more commonly known as 3723 Birch Street, Newport Beach,•County of
Orange, State of California. Said parcel is hereinafter referred to
as Parcel "A." A two-story office industrial building presently is
constructed and maintained on Parcel "A." There are insufficient
automobile parking spaces on Parcel "A" to comply with the parking re-
quiremeuts of the Newport Beach Municipal Code,
r.
C. 3701 BIRCH COMPANY is the Lessee of Lot 58 and a portion of Lot 59
Tract 3201, as combined by parcel Map recorded in Book 104, Page 37 of
Parcel Maps, Official Records of Orange County, marked Exhibit 11211, and
which parcel is hereinafter referred to as Parcel "B." See Exhibit "l."
3701 BIRCH'COMPANY is in the process of preparing a site plan (the "Site
plan") relating to the development of its parcel for submission to the
City of Newport Beach for approval* To fulfill the off -site automobile .
parking requirements for the use of Parcel "A", in accord with Section
20.30.035 n of the Newport Beach Municipal Code, until the Site Plan has
been approved by the City of Newport Beach, 3701 BIRCH COMPANY is willing
to enter into this Interim Off -Site Parking Agreement.
NOW T ion, the parties hereto hereby agree as follows:
1. 3701 BIRCH COMPANY hereby grants to CAI9?US INVESTORS' for the
period commencing on the date hereof and ending on the 15th day after
final approval of the Site Plan by the City of Newport Beach and Home
Savings and Loan Association or payoff of any encumberances by Home
e,u
Savings and Loan Association, an exclusive easement for twenty-eight
(28) automobile parking spaces and the non-exclusive rights of ingress
and egress thereto over all existing driveways on Lot 58. The area de-
scribed by the parking easement -is the easterly -half of Lot 581 better
described as One Hundred (100) feet along Birch Street extending One Hun-
dred Forty -Five (145) feet deep to the center line of Lot 58 (see Exhibit 1).
CA14PUS INVESTORS will be responsible for the maintenance of these spaces
including landscape maintenance. CAMPUS INVESTORS will also provide li-
ability insurance covering the above easements. CAMPUS INVESTORS shall
not be obligated to pay rent to 3701 BIRCH COMPANY during the term of
this Interim Off -Site Parking Agreement.
2. CAMPUS INVESTORS hereby grants to 3701 BIRCH COMPANY or e
-2-
period set forth in paragraph 1 above, a non-exclusive easement and the
rights of ingress and egress thereto over the existing driveway from
Birch Street to Lot 57, Tract 3201 as recorded in Book 1309 pages 25-30
inclusive, Miscellaneous Maps, Records of Orange County, California,
more particularly described as a strip of land twenty (20) feet wide
running parallel with the lot line separating Lots 57 and 58, for a
distance of -sixty (60)'fect from Birch Street, per Exhibit "1" attached '
hereto.
3- Prior to the expiration of the easements granted hereby, the
r'
/ parties hereto will negotiate and enter into a long-term off -site park-
ing agreement, based upon the Site Plan approved by the City of Newport
Beach, which agreement will provide for the granting of exclusive ease-
ments by 3701•BIRCH COMPANY io CAMPUS INVESTORS for 28 pdrking spaces
on Parcel. "B", reasonably convenient to Parcel•"A", for a semi-annual
fee equal to that portion of 3701 BIRCH COMPANY's ground rent, taxes
levied against the land only,, and other carrying costs which is pro-
portionate to the actual area of Parcel "B" covered by such easements;
provided'that such fee is not to exceed 15% of the total of such rent,,
taxes and other costs for such periods. Such long-term off -site park-
ing agreement will also provide for the mutual granting by the parties
hereto.of appropriate non-exclusive access easements, and will be subject
—.to the approval of the lenders of record of Parcel "A" and Parcel "B."
4. This Interim Off -Site Parking Agreement shall ran with the
real property described herein and shall .bind the heirs, successors
and assigns of the parties hereto and it shall
of the County Recorder of the County of Orange.
be recorded in the Office
..3-
IN WITNESS WHEREONt the parties hereto have caused this Interim Off —
Site Parking Agreement to be executed the day and year first above written.
CAMPUS
a limited partnership
3701 BIRCH COMPANY'
By
Aflo Pi nlcnn c
CONSENT:
STATE OF CALIFORNIA,
ss.
COUNTY OF ORANGE
0
June 21 19,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Theodore M. Broderick
known to me,
to be one of the partners of the partnership that executed the within Instrument, and acknowl-
e.., edged to me that such partnership executed the same.
orzTzcznz SEAL
t• • JERRY DEAN BECK
Notary Pu611c•Cal'rornlo WITNESS my hand and official seal.
PrIKI of ofnC6 fn oropoo Co.
xh, Mycommintonoxplrof AVG. Sr 1980
Notary Public in and for said State.
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EXHIBIT 112"
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Planning Commission Meeting May 19, 1977
May 9, 1977
CITY OF NEWPORT BEACH
Item No. 2
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Offsite Parking Agreement (Discussion)
Request to accept an offsite parking agreement for a
portion of the required parking spaces in conjunction
with an existing two story office -industrial building.
LOCATION: Lot 57, Tract No. 3201, located at 3723 Birch Street,
on the northwesterly side of Birch Street between
Quail Street and Bristol Street North, across Birch
Street from the Newport Place Planned Community.
ZONE: M-1-A
APPLICANT: Irvine Industrial Complex, Irvine
OWNER: Same as Applicant
Application
This application requests approval of an offsite parking agreement
for a portion of the required parking in conjunction with an existing
two story office -industrial building.
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 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 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 significance.
Item No. 2
4
TO: Planning Commission - 2.
Conformance with General Plan
The Land Use Element of the General Plan designates the site for
"General Industrial" uses. The existing office -industrial develop-
ment and related offstreet parking spaces fall within the uses
permitted.
Subject Property and Surrounding Land Use
A two story office -industrial building, 20 related offstreet parking
spaces and a portion of one other parking space are located on the
property in question (i.e. Lot 57 of Tract No. 3201). To the north-
east, is an office -industrial complex; to the southeast, across Birch
Street is vacant property; to the southwest, is the existing subject
offsite parking lot with 68 parking spaces, the residual portion of the
parking space noted above, and vacant property located on Lot 58 and
a portion of Lot 59, Tract No. 3201 (i.e. Parcel No. 2 of Resubdivision
No. 548 - Item No. 1 on the Planning Commission Agenda); and to the
northwest, is an office -industrial use.
Back4roun
Building records indicate that a two story, 13,500 sq. ft. ± office -
industrial building was constructed on the subject property in February,
1969. Thirty-nine (39) offstreet parking spaces were required for the
development, based upon one parking space for each 350 sq. ft. of
gross floor area. The required parking spaces were located on -site.
However, at its meeting of July 17, 1969, the Planning Commission
approved Use Permit No. 1441 that permitted_a U. S. Post Office
carrier annex on the Drooert.v in question. The'app_r_o_ved dev_eloam
incluoeo Lne cons;rucTiun UT a Une-b6Ury o,UUU �4- 96. UUJI-11-11
addition to the rear of the existing structure. The addition encroach-
ed to the rear property line, thus eliminating several of the required
on -site parking spaces. Therefore, one of the conditions of approval
of Use Permit No. 1441 included the approval of an off -site parking
agreement for the required parking spaces on the adjoining property
to the southwest of the site (i.e. Lot 58, Tract No. 3201).
A grading permit for the off -site parking lot was issued by the City
on August 27, 1969. The subject off -site lot was subsequently paved
and has been utilized by tennants and customers of the adjoining two
story office -industrial complex since that time. When compiling
information for Resubdivision No. 548 on the Planning Commission
agenda, however, staff discovered that a formal off -site parking
agreement was never executed. The approval of such an agreement
will therefore guarantee that the existing required off -site parking
spaces will be maintained for the duration of the office -industrial
use on the adjoining property.
Analysis
Forty eight (48) offstreet parking spaces are required in conjunction
with the existing two story office -industrial development, based upon
one parking space for each 350 sq. ft. of gross floor area (i.e.
16,500 sq. ft. ±) in the structure. The attached plot plan indicates
that 89 offstreet parking spaces are now available for tennants and
customer use of the subject two story office -industrial complex.
Twenty (20) parking spaces are located on the subject property as
well as a portion of one other parking space. The remaining 68 park-
ing spaces and the residual portion of the one parking space noted
above are located on the adjoining property.
Staff is of the opinion that the existing off -site parking lot is so
located to be useful, and does not create undue traffic hazards in
the surrounding area. Furthermore, the Irvine Industrial Complex is
in negotiation with Mr. Thomas White, long term lessee of the building
site, for a 55 year ground lease on the off -site parking lot property.
Item No. 2
TO: Planning Commission - 3.
Specific Findings and Recommendation_
Staff recommends the approval of an off -site parking agreement for
a portion of the required parking spaces for the office -industrial
use, and suggests that the Planning Commission make the following
findings in conjunction with the applicant's request:
1. The off -site parking area adjoins the subject property,
and therefore is so located to be useful to the existing
office -industrial complex.
The off -site parking spaces will not create undue traffic
hazards in the surrounding area.
3. Both properties are owned by the Irvine Industrial Complex.
Furthermore, the long term lessee of the office -industrial
site is in negotiation with the property owner for a 55 year
ground lease on the off -site parking lot property.
Approval of the off -site parking agreement is recommended, subject to
the following condition:
1. That an off -site parking agreement shall be approved by the
City Council, guaranteeing that a minimum of 27 parking
spaces, a portion of one parking space, and related access
thereto, shall be provided on Lot 58 and a portion of Lot
59, Tract No. 3201 (i.e. Parcel No. 2 of Resubdivision
No. 548) for the duration of the existing office -industrial
use on the adjoining property.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
By
William R. Layco�—
Senior Planner
WRL/sh
Attachments: Vicinity Map
Letter from Applicant dated May 4, 1977
Plot Plan
Item No. 2
OF
LOT
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NiOT 58 LOT' 6'DITION
81RCN
EXISTIN4
,avaDING
3723 BIRCH
STUST
IT
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L.- .-
5T1REeT
EXISTING PARKING 4AYOOT
89 SPACES
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SCALF. o I": 30#
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May 4, 1977
IRVINE INDUSTRIAL. COMPLEX
4770 CAMPUS DR./BOX C19512, IRVINE, CA 92713 (213) 529-4204 (714) 933-1010
City of Newport Beach
Planning Commission
3300 Newport Blvd.
Newport Beach, California
92663
Attention of Mr. William R. Laycock, Senior Planner
Re: Re -Subdivision No. 548
Gentlemen:
This letter is to stipulate the
has authorized Mr. Thomas White,
3201 to use a portion of Lot 58
with his building use on Lot 57.
with Mr. White for the lease of
of Lot 59 and we anticipate the
ninety (90) days.
Irvine Industrial Complex
Lessee of Lot 57, Tract
for parking in conjunction
We are now in negotiation
Lot 58 and a small portion
close of escrow within
We thank you for your cooperation on this matter.
Sincerely,
"haelabbitt
Manager of Engineering Design and Construction
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DISTRICTING MAP NEWPORT BEACH—CALIFORNIA
R-A AGRICULTURAL SIDENTIAL C-1 LIGHT COMMERCIAL I INTERMEDIATE PLANNING C
R-1 SINGLE FAMILY RREESIDENTIAL C-2 GENERAL COMMERCIAL U UNCLASSIFIED
R-2 WPLEX RESIDENTIAL
R-3 RESTb MULTIPLE FAMILY RESIDENTIAL M-I-A CONTROLLED MANUFACTURING
I MULTIPLE RESIDENTIAL M-1 MANUFACTURING COMBINING -H COMBINING DISTRICTS
ORD, NO. 927
f aee oa DATE e_u_tn
orr -SITE *FA'RKING 0R66MENT
C AJ.OF NEWPORT
o COUNCILMEN
\ii
90O' lLA i r\ June 13. 1977
AOH
01
MINUTES
INDEX
The Clerk stated that two bids had been received
from the Newport Harbor Ensign and from the Orange
Coast Daily Pilot'. The Clerk opened the bids and
announced the basic bid proposals as follows:
Per Column Inch
i
Newport Harbor Ensign $1.50
Orange Coast Daily Pilot $3.91
s'
Resolution No. 9113, awarding a contract to the
R-9113
Newport Harbor Ensign for the publication of legal
notices and other matters and designating an
Motion
x
\ official newspaper for publication of notices for
Ayes
x
x
x
x
x
x
the fiscal year ending June 30, 1978, and rescind -
Absent
x
ing Resolution No. 8784, was adopted.
8. A report was presented from the Public Works
Traffic
Department regarding the installation of traffic
Signal/
signal and safety lighting on Birch Street at Dove
Birch &Dove
Street, Contract No. 1801.
The City Attorney advised the Council that a
letter dated 'June 13, 1977 had been received from
the contractor;\Fischback & Moore, Inc., requesting
that the City hold in abeyance the assessing of
liquidated damages,in the amount of $2,300.
Motion
x
The work on subject project was accepted; the City
Ayes
x
x
x
x
x
x
Clerk was authorized.tMile a Notice of Completion
Absent
x
the City Clerk was authorized to release the bonds
35 days after the Notice of Completion has been
filed; determination on the,,,assessment of liqui-'
dated damages was delayed until July 25, 1977�to
allow the staff to review information to be
supplied by the contractor justifying the delay in
completion of the work; and the staff was directed
to report back to the Council. \\
9. A report was presented from the City Manager
Resub 537
regarding the Park Dedication Agreement,with The
Irvine Company in connection with Resubdiv\ision
No. 537 - Sea Island Apartments.
Motion
x
The Park Dedication Agreement was referred back to
Ayes
x
x
x
x
x
x
staff.
\�
Absent
x
CONSENT CALENDAR:
\
Motion
x
The following items were approved by one motion affirm-
Ayes
x
x
x
x
x
x
ing the actions on the Consent Calendar:
Absent
x
1. The Following ordinances were introduced and
passed to second reading on June 27, 1977:
(a) Removed from the Consent Calendar.
_
2. The £ollowinR resolutions were adopted:
(a) Resolution No. 9114, authorizing the- Mayor and
Off -Site
City Clerk to execute an Off -Site Parking
Prkg•Agmnt/
Agreement_ between the Ciof Newport Beach
Irvine Ind
and the Irvine Industrial Complex. (A report
Complex
from the Community Development Department)
R-9114
Volume 31 - Page 153 ._
RESOLUTION NO. 9 i.14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN OFF -SITE PARKING
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE IRVINE INDUSTRIAL COMPLEX (TRACT NO.
3201)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Off -Site Parking
Agreement between the City of Newport Beach and the Irvine
Industrial Complex for a portion of the required parking
spaces in conjunction with an existing two-story office/industrial
building; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Off -Site Parking Agreement and finds them to
be satisfactory and that it would be in the best interest of
the City to authorize the Mayor and City Clerk to execute said
Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Off -Site Parking
Agreement above described is hereby approved, and the Mayor
and City Clerk are authorized and directed to execute the same
on behalf of the City of Newport Beach. -
ADOPTED this 13th day of June , 1977.
Mayor
ATTEST:
City Clerk
DDO/bc
6/10/7-7
i
Agenda I
CITY OF NEWPORT BEACH
No. H-2(a)
June 7, 1977
TO
FROM:
SUBJECT:
City Council
Department of Community Development
Reauest for an off -site Darkinq agr
t fo
nnrtinn.nf the reauired oarklna SDaces in con -
an exis
LOCATION: Lot 57, Tract No. 3201, located at 3723 Birch Street,
on the northwesterly side of Birch Street between
Quail Street and Bristol Street North, across Birch
Street from the Newport Place Planned Community
(Office/industrial Building)."
Lot 58 and a portion of Lot 59, Tract No. 3201
(Off -site Parking Lot).
ZONE: M-1-A
APPLICANT: Irvine Industrial Complex, Irvine
OWNER: Same as Applicant
Application
This application requests approval of,an off -site parking agreement
for a portion of the required parking in conjunction with an exist-
ing two-story office/industrial building.
In accordance with Section 20.30.035 D.. of the Newport Beach Munici-
pal 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 owner-
ship 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 lease-
hold 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 i-nstrument 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.
I
A
10:
C i ty
Suggested Action
2.
If desired, adopt'Resolution No. authorizing the execu-
tion of an off -site parking agreement between the City of Newport
Beach and the Irvine Industrial Complex, Irvine.
Planning Commission Recommendation
At its meeting of May 19, 1977, the Planning Commission voted unani-
mously to approve the subject off -site parking arrangement with the
findings and subject to the condition of approval as follows:
A. FINDINGS
1. The off -site parking area adjoins the subject property
and therefore, is so located to be useful to the
existing office/industrial complex.
2. The off -site parking spaces will not create undue
traffic hazards in the surrounding area.
3. Both properties are owned by the Irvine Industrial
Complex. Furthermore, the long-term lessee of the
office/industrial site is in negotiation with the
property owner for a ,fifty-five year ground lease
on the off -site parking lot property.
B. CONDITION
1. That an off -site parking agreement shall be approved
by the City Council, guaranteeing that a minimum of
twenty-seven parking spaces, a portion of one parking
space, and related access thereto, shall be provided
on Lot 58 and a portion of Lot 59, Tract No. 3201
(i.e., Parcel No. 2 of Resubdivision No. 548) for
the duration of the existing office/industrial use
on the adjoining property.
Attached for the information and review of the City Council is a copy
of the Planning Commission Staff Report dated May 9, 1977, which con-
tains all the information on this request, and an excerpt from the
minutes of the Planning Commi.ssion meeting of May 19, 1977.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
n
9
mmmu. nanilAl" JDH/kk
ssis ant Director - Planning
Attachments for City Council Only:
1) Planning Commission Staff Report with'attachments
2) Excerpt from minutes of the Planning Commission meeting
yr
RECORDING REQUESTED BY AND
WHEN RECORDEITURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
ace Above
ReArded in Official
R rds of Orange County
Book 12494 Page 737
12-15-77
s
RECEIVED
Dept.
J,-II 71978 '
' CITY OF
NEWpORT BEACH,
CALIF. f. • ?
OFF -SITE PARKING AGREEMENT
Irvine Industrial Complex - 3723 Birch Street
This Agreement is made and entered into this 12th
December
day of , 1977,'by and between the -CITY
OF NEWPORT BEACH, a municipal corporation, hereinafter referred.'
to as "City" and THE IRVINE COMPANY, a Michigan Corporation,
doing business as IRVINE INDUSTRIAL COMPLEX, hereinafter referred
to as "ITC".
RECITALS:
W I T N E S S E T H:
A. IIC is the owner of that certain parcel'of real
Property located in the City of Newport Beach described as
follows:
I
Lot 57, Tract No. 3201 as recorded in Book
130, Pages 25-30, inclusive, Miscellaneous
Maps, Records of Orange County, California
more commonly known as 3723 Birch Street, Newport Beach, County
of Orange, State of California. Said parcel is hereinafter
referred to as Parcel "A".
B. A two-story office industrial building presently
is constructed and maintained on Parcel "A".
C. There are insufficient automobile parking spaces
on Parcel "A" to comply with the parking requirements of the
Newport Beach Municipal Code. IIC is therefore required to
provide twenty-eight (28) off -site automobile parking spaces
on a separate lot from the building site.
D. To fulfill the off -site automobile parking require -
ments for the use of Parcel "A", in accord with Section 20.30.035 D
of the Newport Beach Municipal Code, IIC has provided space for
the additional off -site parking on a portion of the adjoining
property described as Lot 58 and a portion of Lot 59, Tract
No. 3201, as combined by Parcel Map No. 104, recorded in
Book 104, Page 37 of Parcel Maps, Official Records of.Orange
County, denoted as Parcel 2 thereon, as shown on the attached
plat, marked Exhibit "B" and which parcel is hereinafter
referred to as Parcel "2".
E. The Planning Commission of the City of Newport,
Beach recommended'approval of an off -site parking agreement on
May 19,.1977, which agreement was approved by the City Council
on.June 13, 1977, in accord with Section 20.30.035 of the
Newport Beach Municipal Code.
�d
NOW, THEREFORE, in consideration of the foregoing, IIC,
or its lessee, may use the property described as Parcel "A" for
the existing twos -story office -industrial building with related
office space and in accord with section 20.30.035 D of'the
Newport Beach Municipal Code upon the following condition, to
which the parties agree:
1. For so long as Parcel "A" is used for a two-story
office -industrial building site, twenty-eight (28) off -site
automobile parking spaces will be required and located on Parcel
"2" for the benefit and use of Parcel."A".
•2. IIC will provide the Director of Community
Development of the City of Newport Beach a new or amended park-
ing agreement within ninety (90) days prior to the expiration
of the parking agreement presently existing to permit IIC to use
Parcel "2" for off -site parking.
3. This agreement shall run with the real property
described as Parcel "A" in the first paragraph of this agreement
-2-
0 i
and shall bind the heirs, successors and assigns of the parties
hereto and it shall be recorded in ,the Office of the County
Recorder of the County of Orange.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed the day and year first above
written.
ATTEST:
/s/Doris George
City Clerk
APPROVED AS TO FORM:
R
/s/Hugh R. Coffin
Assistant City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
By /s/Milan M Dos+ai
Mayor .
THE IRVINE"COMPANY, A Michigan
Corporation, doing business as
IRVINE INDUSTRIAL COMPLEX
By
Ricnara M. Cannon, V.P.
By /s/
RoBert C. warren, Asst. Sec.
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EXHIBIT "B "
Q 11
COMMISSIONERS
$y
City of Newport Beach
Regular Planning Commission Meeting
Place: City Council Chambers
Time: 7:00 P.M.
Date: May 19, 1977
p MII�UTES
TOLL CALL
INORX
'resent
*'X.-
*
*
X
X
X
*Arrived 7:10 P.M.
EX-OFFICIO MEMBERS
R. Hogan, Community Development.Director
Hugh ffin, Assistant City Attorney
.Benjamin Nolan, City Engineer
STAFF MEMBERS
William R. Foley, Env`k onmental Coordinator
David Dmohowski, Senior P-14nner
Shirley Harbeck, Secretary
* * *
4otion
X
Minutes of the Regular Meeting of May 5, �9
ayes
X
X
X
were approved as written. Commissioner Balal's
lbstain
X
abstained because he was absent from the.meetin %.1,
absent
X
X
Items #1 and #2 were heard concurrently because
of their relationship
Item #1
Request to create two parcels of land for develop-
RESUB-
ment where two lots and portions of two other
DIVISION
lots now exist.
NU.- 548
Location: Portions of Lots 3 and 59, and Lots
APPROVED
CONDI=
4 and 58, Tract No. 3201, located
at 3700 Campus Drive and 3701 Birch
TIONALLY
Street 'on the northeasterly side
of the proposed Corona del Mar
Freeway between Campus Drive and
Birch Street, across Campus Drive
from the Orange County Airport.
Zone: M-1-A
.Applicant: William G. Church, Consulting Civil
Engineers, Newport Beach
Owner: Irvine Industrial Complex, Irvine
Engineer: Same as Applicant
Page l..
N
-COMMISSIONERS
v�,�s 9c oa�T,�oti�9 s��sms`
so
z
City of Newport Beach
May 19, 1977
ROLL CALL
Request to accept an offsite parking agreement
for a portion of the required parking spaces in
conjunction with an existing two story office -
industrial building.
Location: Lot 57, Tract No. 3201, located at
3723 Birch Street, -on the north-
westerly side of Birch Street
between Quail Street and Bristol
Street North, across Birch Street
from the Newport Place Planned
Community.
'Zone: M-1-A
Applicant: Irvine Industrial Complex, Irvine
Owner: Same as Applicant
Public hearing was opened in connection with
these items.
Bill Borden, representing the Irvine Industrial
Complex, appeared before the Commission and
concurred with the staff reports and recommenda-
tions.
Planning Commission discussed permitted uses in
the M-1-A District and parking requirements for
such uses.
There being no others desiring to appear and be
heard, the public hearing was closed.
Planning Commission further discussed the parkin
problems in this area as well as the need to
review the parking standards in -the M-1-A Distri
They also discussed what findings were required
in order to approve a resubdivision map.
Motion
X
Following discussion, motion was made that Plan -
Ayes
X
X
X
X
X
ning Commission make the following findings:
Noes
X
X
1. That the proposed map is consistent with
applicable general and specific plans.
2. That the design or improvement of the pro-
posed subdivision is consistent with
applicable general and specific plans.
Page 2. .
MINUTES
INOtX
Item #2
OFFSITE
PARKING
AGREEMENT
APPROVED
CONDI-
TIONALLY
R-548
COMMISSIONERS
v 9 no T*A s ti� sm
�°y�3F
?�nNF�
oy
Ci y of Newport Beach
May 19, 1977
ROLL CALL
3. That the site is physically suitable for the
type of development proposed.
4. That the site is physically suitable for the
proposed density of the development.
5. That the design of'the subdivision or the
proposed improvements, will not cause sub-
stantial environmental'damage or substantial]
and avoidably injure fish or wildlife or thei
habitat.
6. That the design of the subdivision or the
proposed improvements are not likely to cause
serious public health problems.
7., That the design of the subdivision or the.
proposed improvements will not conflict with
any easements, acquired by the public at
large, for access through or use of, property
within the proposed subdivision.
8. That the discharge of waste from the proposec
subdivision will not result in or add to any
violation of existing requirements prescribec
by a California Regional Water Quality Contrc
Board pursuant to Division 7 (commencing witt
Section 1300) of the Water Code.
and approve Resubdivision No. 548, subject to the
following conditions:
1. That a parcel map be filed.
2. That all public improvements be constructed
as required by ordinance and the Public Work:
Department.
3. That an 8-foot wide sidewalk be constructed
immediately behind the curb, and street
lig'hts installed along the Bristol Street
North frontage. Installation shall be
coordinated with construction of the street
by the California Department of Transportatic
4. That an 8-foot wide sidewalk be constructed
immediately behind the curb along the Campus
Drive frontage wheri'this street is widened
by the California Department of Transportatic
Page 3-
MINUTES
y
r
INpox "
COMMISSIONERS
T
9c��9lCo9s�o �2���1
�OZ
6 0
City of Newport Beach
May 19, 1977
MINUTES
MOLL CALL
5. That the access from Parcel 1 to Campus Drive
be limited to one driveway approach located
in the northwestern corner of Parcel 1, the
exact location and design to be approved by
the City Traffic Engineer.
6. That the access from Parcel 2 to Birch Street
be limited to one driveway approach located
in the northeasterly corner of Parcel 2, and
that the existing driveway in the southeast-
erly corner of Parcel 2 be closed up when
Bristol Street North is constructed.
7. That all vehicular access rights to Bristol
Street North be dedicated to the City of
Newport Beach. One driveway approach for the
benefit of both parcels, in the vicinity of
the property line between Parcels 1 and 2
would be permitted if additional width is
provided on Bristol Street North along the
necessary easements for street widening and
sidewalk.
8. That a standard subdivision agreement with
accompanying security be provided if it is
desired to record the parcel map or obtain
a building permit before the public improve-
ments are completed.
9. That the work along Bristol Street North be
done under an encroachment permit obtained
from the California Department of Transporta.
tion.
Motion
X
Motion was made that Planning Commission make the
All Ayes
following findings in connection with the offsit(
parking agreement:
1. The offsite parking area adjoins the subject
property, and therefore is so located to be
useful to the existing office -industrial
complex.
2. The offsite parking spaces will not create
undue traffic hazards in the surrounding arei
3. Both properties are owned by the Irvine
Industrial Complex. Furthermore, the long
Page 4.
INOix
Offsite
Parking
COMMISSIONERS
9cm 9C oo�T�,� y9 y� sm�
•
City of Newport Beach
May 19, 1977
MINUTES
ROLL CALL
INO<X
term lessee of the office -industrial site
is in negotiation with the property owner
for a 55 year ground lease on the offsite
parking lot•property.
and approve the offsite parking agreement, subject
to the following condition:
1. That an offsite parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of 27 parki.ng spaces, a portion
of one parking space, and related access
thereto, shall be provided on Lot 58 and a
portion of Lot 59, Tract No. 3201 (i.e. Parcel
No. 2 of Resubdivision No. 548) for the
duration of the existing office -industrial
use on the adjoining •property.
Item #3
Request to permit interior alterations to an
MODIFI-
existing duplex with a 23 foot 4 inch by 20 feet
garage (where the Code requires a three car
garage 27 feet by 20 feet).
CATION
NO.2065
WITHORAWI
ocation: Lot 17, Block 437, Corona del Mar,
located at 425 larkspur Avenue, on"
the northwesterly side of Larkspur
Avenue, between East Coast Highway
and Second Avenue in Corona del.Mar.
Zone:
Applicant: Brian wdsley, Corona del Mar
Owner: Same as AppN°l'cant
Motion
X
At the request of the applican Planning Commis -
All Ayes
Sion withdrew this matter from t agenda.
Page 5.