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Off -SITE --'AT'KImG
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MEN MEDALLION N01QSE-g r
CITY OF NEWPORT BEACH
CALIFURNIA
Mvereber,16," 1974
Qree4 Medallion Nursery"
600 blast•Coast Rigtway
Newt oxvt Beach, CA 0660 •.
Attacl*d is a copy of the executed Off -Site Parking Agreement
between' the Green Medallion Nur=7 and the City of Ne•.Wt
Beach. 'Thus agreement was recorded its the County Reeorder's
blfica cn November u, 1974 in,took 11279$'Page 1844,
The agreement was authorized by the City Council on
October, 29, 1974 by the adoption of Rer#alution No. 6376.
taaura Xagioa,
City Clerk
iLsswk ,
MOO
rot 0"Yz :ty Development Aepartmacst
Book 11279 Page 1844
Official Records of Orange County
9:05 am Nov. 45 1974
Instrument No.1616
OFF -SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this
day of �J�_7ol3FR , 1974, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred to as
"CITY",* and GREEN MEDALLION NURSERY, INCORPORATED, a California
corporation, hereinafter referred to as "GREEN MEDALLION".
W I T N E S S E T H:
WHEREAS, GREEN MEDALLION is the lessee of that certain par-
cel of real property located in the,City of Newport Beach, County of
Orange, State of California, and described as Lots 14, 15, 16 and 17,
Tract 1210, as recorded in Book 40, Pages 45 and 45, of the Miscellaneous
Maps of the County of Orange, State of California, more commonly known
as 600 West Coast Highway, Newport Beach, California. A copy of said
lease is attached hereto, marked as "Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, GREEN MEDALLION proposes to conduct a nursery
business on said property; and
WHEREAS, GREEN MEDALLION proposes to locate its structures
on Lots 16, 17 and a portion of Lot 15 of said property, and to locate
its parking on Lots 14 and 15 of said property; and
WHEREAS, the Newport Beach Municipal Code requires that such
an establishment maintain at least nine (9) parking spaces for the use
of its employees and business invitees; and
WHEREAS, on October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an off -site parking
agreement between the CITY and GREEN MEDALLION be approved which will
guarantee that a minimum of nine (9) parking spaces be provided -on
Lots 14 and 15 of the subject property,
NOW, THEREFORE, in consideration of the foregoing, it is
agreed by and between the parties hereto as follows:
1. For so long as the proposed nursery is located on the
above -described real property, nine (9) parking spaces shall be main-
tained for the use of employees, customers and business invitees of
-1-
the nursery;
2. In the event the use of the parking spaces on Lots 14
and 15 of the subject real property should be terminated for any
reason, GREEN MEDALLION Will immediately thereafter obtain additional
off -site parking spaces satisfactory to and'approved by the CITY. If
substitute parking facilities are not obtained, GREEN MEDALLION shall
cease its business operations;
3. This agreement shall run with the real property described
within 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 executed this
agreement as of the date set forth above.
APPROVED AS TO FORM: '
J c C
Assista t City Attorney
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
OF NEWPORT BEACH
CITY
GREEN MEDALLION NURSERY, INC.
1.
GREEN MEDALLION
On October 31 , 1974, before me, the under-
signed, a Notary Public in and for said State, personally appeared
Donald A. McInnis , known to me to be the Mayor,
and Eaura Eagios , known to me to be the City
Clerk of the municipal corporation that executed the within instrument,
known to me to be the persons who executed the within instrument on
behalf of the municipal corporation therein named, and acknowledged to
me that such municipal corporation executed -the within instrument pur-
suant to a resolution of its -City Council.
WITNESS my hand and official seal.
DO
OTyy L, PALEb
pVC�1� 7 PRiN I1'AL LlccAL1F
. OR61A
ly co ORANGE C UNr IN
Notary Publi n and for said State
—2—
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STATE OF CALIFORNIA)
) SS
COUNTY OF ORANGE )
On October 25 , 1974, before me, the under-
signed, a Notary Public in and for said State, personally appeared
Harold R. Hirsch , known to me to be the Vice President
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 corpora-
tion executed the within instrument pursuant to its bylaws or a reso-
lution of its board of directors.
WITNESS my hand and official seal.
y
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I• g :I , 1LI1FOftNIA
ORANCL I•,:UNTY
My Commission Expires April 3, 1975
'........................................................
STATE OF CALIFORNIA)
) SS
COUNTY OF ORANGE )
Notary Public in and CXor said State
On October25 , 1974, before me, the under-
signed, a Notary Public in and for said State, personally appeared
Harold C. Hirsch , known to me to be the President
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 corpora,
tion executed the within instrument pursuant to its bylaws or a reso-
lution of its board of directors.
WITNESS my hand and official seal.
. . .........................i ^ I........
SFAL'
i="•',1 L;•,-';'•� L"Gtos ': Notary Public in an�d fV said State
�..;-,• ,n ��i;JTni,i rtlL" CgI1FORNIAE
t
0 Fi•i:^�L .•JiITY
My Commission Expires April 3, 1975
-3-
Sa � 1' t eS . t as a � a -r ....• •
CALIFORNIA {TEAL ESTATE ASSOCIATION STANDARD FORIM
.EXHIBIT "An _
TY ' 14th September
11ji.5 ,JI1b911tUrC, mode the ............................... ......day of.......................................{. D. l i-.. .... !i
between..........................................•........................------..........................._........................_................._...... if
.................................................................................
.......................................................................................................................... Iturainuilt r calfud Ilia
and............ Mi chael. x,...xirs cX1....................................................................................................... 4
............................................................................................................................................................... o�
......................................... f.en,usuft::r co!lud th.:
WITNESSETH, that the lessor does by these presents, lease and demise mtto the ha: a of: of 14u property a
situated in Ilia .....Newport Beach
County of ...... Qrenge........................................................... Mate of California, descriued a, luilar,c, to wit: f
(yy1
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600 Tel. Coast Highway, Newport Beach, California N
6�
Lots 14, 15, 16 and 17 Tract 1210 PQ
for the term of. .... three gears
beginning..OStOTbeT 1, .................1927 ., and ending..00tober 14 J9.77.--
forthe total rent or sum of. ..... Thirty_seven,thousand-.eight..hundred and•.no�100
in lawful money of the United States of Americo, payable as follows, to wit:
Lessee agrees to pay first'and last months rent in advance which includes
$300.00 to be applied to -taxes.
Receipt of 019050.00 is hereby acknowledged as deposit for first months
rent on lease with balance of $1050.00 to be paid on or before date of
occupancy of said property for last mohbhs rent.
Balance of rent including taxes to be paid on the 15th day of each month
until the entire sum of 37o800.00 has been paid. ***See paragraph 21.
Lessor agrees to grant Lessee an additional six year -option with terms
to be negotiated at time of exercising dears option upon ninety, day
written notice of desire to excercise option.
All of sold rent shall be paid at Ilia office of.....{Tohnson..and..S.on,..Lincoln. -..Mercury :..............
the agent of the lessor,.2626 Harbor Blvd. Street„•Costa Mesa, California 9262.6_
.................................... .........._.................. .
California, or at such other place as may be designated by the lessor.
IN ADDITION THERFfO IT IS HEREBY AGREED AS FOLLOWS, TO Wit:
First: That the lessee shall pay the lessor said rent in the manner Iterembefore speodred, and shuil not let au
underlef the whole or any part of said premises, nor sell or assign This lease, aimer volunlunly of by u;.croaon of law,
nor allow sold properly to be occupied by anyone contrary to Ilse loans heruol, wilhuul the v.niien consent of the lessor,
Second: That should said rent be .not paid when due or should the lessee default in oiy of the covenants at
conditions contained herein, the lessor, or his representative or agani, may re-enler said premises end remove all
persons therefrom;
Third: That the lessee shall occupy said demised premises and shall keep the same in !loud condition, inducting
such Improvements as may be made thereon hereafter, the usual weui and four and J,mtape by ll.e elements excepted.
and shall not make 6ny alterations thereon without Ilia wrdlen consetsl of the lessor and %hull nal commit or suffer to be,
committed any waste upon said premises;
Fourth: Thal said premises shall not be used by the luysee, nor anyone else, during the turns hei uuf or any o%fen-
sion thereof, for the sale of any intoxicating liquors, nor for any illegal or, immoral purpose, and thut possession of said
premises by the lessee or his successors or assigns shall not be construed as conveying any title thereto or ownership
thereof;
Fifth: Thal all Governmentdl laws and ordinances sholl.be compiled with by the lessee;
Si.1h. That the lessee waives ,If rights under Section 19,12 of If,, Cint Code of Cot L_rn •r n.,,l r••'• ns•rs •n: lessor
from any and all domoges which rimy be suMained by the lessee Or any other licitly dvling !i.e rirn= I, •soy be in
possession of said premises;
Seventh: That should the occupancy of scild pieneLse;, by the lessee, cause th`: present fire a,d hnbit.ty insurance
rotes applicable thereto to be Increased, the lessee shall pay the difference upon the urnount of fire and tiabdry insur-
once now being carried by the lessor and said difference shall be it, additior• to the amount of retao! specified herein
and shall be pold to fliv l+rssor upon demand; ,
Eighth. "hot should the lessor be compehed to commence or sustain an uction at to, to v_,IB,c! s,nd rern+ or ports
thereof or so dispossess :he lessee or to recover possession of said premises, lire lessee arc! pety ail c•,s1a :1• connection
therewith indudtog a reasonable fee for the Otto, nay of the !cssar;
Ninth. Thal the waiver, by the lessor, of c11y eave:eanl or condition hernia conta;ned shall not the same or
any other covenant or condition conta;ned herein and that the lernls and omdiho:,s contained hele:n ;!;_it apply to and
bind the heirs, successors and assigns of tF,., pnrli,;s heevl%
Tenth: 'tint shct,:d Ifte lessee occupy soi.i perm:a+s after flip eapi,aliol• dote ->f dn. Io.se, y..'h 16e consent of the
lessor, expressed or implied, such poss.-,i;os shall be roasl•mnd to be a Tenancy front morel', to month oral said lessee
shall pay said lessor for said ornsisos il,e vvo ofs.�s,05,.•00 ..............p.;, nlond: for such d o + lessee
tray remain in possession.thereof;
Eleventh: That said premises sliall not be used by the Ir•,ee durir❑ 1:1V :ent1 of this !scs.r for other :hart
NUTserr'f.•.......................................................................................................purposes
except with the written consent of the lessor;
Twelfth: That at the expiration of said i@rm or the sooner determination thereof, the lessee shall peacefully quit ,
and surrarider possession of said premises in as good condition as renscrrlble use and wear thereof will permit; ,
Thirteenlh: That all words used herein in The slogulat number sholl include the plural and the present tense shall
Include the future and the masculine gender shall include the feminine and neuter.
IN WITNESS WHEREOF, the lessor and the less-3e have executed tyis indenture as of the day and year first
above wrilien.
For th.,. horn, n hhn, C,,R.'sM 4111 E,M11 Avodalmq
520 So Los Aryl„ • UPq
ICoVYfghr. IV:e, by C011MrnM Q,al Estate A,wammnl
FORM -L-1n
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ADDENDUM TO LEASE DATED September 14, 197L
BETWEEN JOHNSON and -SON and MICHAEL H. HIBSCH
Fourteenth: All alterations. to the leased premises shall be maa,_ at the
Lessee's sole cost and expense, The Lessee has the right t" m5y.!
interiort• chaiYges,• necessary to conducting a nursery upon approval of L-:zsor.
Fifteenth: Lessee agrees to pay for al
this lease, •• l utilities during the tern of
Sixteenth: Lessee agrees to pay all taxes, real•and perscral., a.ss :seed against subject property.
Seventeenth: The Lessee shall have the privilege of piecinv on or
attaching to the building and/or premises wher.in the !•!ased preiri es
are located signs, without the Lessors approval, provided the.- do no
violate the laws and regulations of the city and state, The Lessee -
also agrees at the request of the Lessor that it will promptly remove
such sign oxi:aigns after the expiration of this lease,
Eighteenth: Lease subject to Lessee obtaining a "Land Use per:st+' _'ram
the city :of Newport,Beach, California, and any or all sovernmental
agencies concerned,
Nineteenth: The Lessee shall, at Lessee's sole cost and expense, but for the mutual benefit of Lessor and Lessee, maintain general public
liability insurance against claims for personal injury, death or
property damage -occurring in, upon or about the demised premises, and
on, In or about the sidewalks directly adjoining the demised premises_
The limitation of liability of such insurance shall be Fifty Thousand and
no/100 (050.,000.00) Dollars for injury (or death) to any one person,
and•One Hundred. -Thousand and n0/I00 (WO,000.00) Dollars for injury
(624dgathT .to•morw than one person, and -Five Thousand and no/100
( j;b0f)';Ot1)"Dollars' with.respect to :property. damage: All such policies
oft -Insurance shall be issued in the name of the Lessee; and Lessor and:for
the mutual and joint benefit and protection of the parties and such
po . 1" 111' of insurance, or. copies thereof shall be delivered to the
Leslot, Ahd`as often as any such policy or Policies shall expire or
terminate,,,.xenewal-om.%addittonal policies shall'be procured and main-
tai'aeil bg, Lessee •in ijike 'Manner -and to like extent. All such ,policies_... -
shalY,.contaii2 ,cl9ipse3 or; endorsement- to the effect that they may not be Germinated; or;,,materially.;•amend'ed. except after ten (10)-`�days•'
wr. t en_ notice rthereof•;to Lessor,-: Lessee., agrees that all such
pol_modes„of•-.insurance.-ca7rried: and, maintained by it pursuant to the '''•=
requlrementis' .of-; this. Articie shall be issued by -,a so-called Board
Company;or.Compa:•,
Twentieth; Lessor agrees.to have:roof.in good condition and maintain same
for'durat'ion of lease. Lessor further agrees to replace any and all
broken or damaged windows as of this date. Lessee to be responsible
for all windows thereafter. Lessor agrees,;to•remove.exlsting wall
between Lots 16 and 17.•,.`"Lessee shall have the right to install any
fencing necessary to conduct his business. Upon termination of lease
Lessee shall remove; said fencing,. ••:i.
Twenty one: At the end 'of •each'tax year, an accounting will be .rendered
by sub -Lessor to sub -Lessee showing the actual amount' of taxes assessed,
the amount collected and paid over, and the balance due, if any, shall
be promptly paid by the sub -Lessee to sub -Lessor, if an overpayment
has-been made, proper credit will be
statement. given on the,nextmnr_th's rent
premises by the lessee or his successors or assigns shall not be construed as conveying uup ,d,c
thereof;
Fifth: Thai all Governmental laws and ordinances shall be complied with by the lessee;
t
COUNCIL EN
�c'\L
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL O T 9f
Nm�lm�opi�
October 29, 1974 INDEX
Motu
%x
The matter was referred back to the staff and to
Ayes
x
x
2t
I
the Bicycle Committee to work with the County Park
and Recreation Department to put across, to the
degree they can, the City's position regarding the
\ approved Master Plan of Bikeways as it applies to
�N wport Beach.
CONSENT CALENDAR:
Motion
x
The following items were Rproved by one motion affirming the'
Ayes
x
x
x
x
x
x
i
actions on the Consent Calenda•
1. The following ordinance was intrLduced and passed
to second reading on November 11, 1 `
Proposed Ordinance No. 1590, being, AN ORDI CE
Pacific
OF THE CITY OF NEWPORT BEACH AMENDING SECTION
Coast Hwy
12.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO
Prkg Lot
ESTABLISH A PARKING PERMIT SYSTEM FOR THE PACIFIC
-1590
COAST HIGHWAY CITY PARKING LOT. (A report from the
City Attorney was presented).
2. The following resolution was adopted:
Resolution No. 8375 authorizing_the execution o_f an
Off -site
off -site parking agreement between -the-City-of
Parking
Newport Beach and the Green Medallion,,Nyrsery,. (A
Green
report from the Community Development Department was
Medallion
presented.)
R-8375
3. The following communications were referred as indi-
cated:
Referred to Board of Library Trustees and direction
to the Mayor to prepare a draft reply, letter from
The Irvine Company regarding a library site in Ne ort
Center and a letter from the Board of Library T stees
requesting a meeting with Council at the Stud Session
on October 29.
Referred to Planning Commission, Lett from Victor R.
Yack opposing the proposed office b lding to be
built on the site of the Lido Shg es Hotel.
Referred to Planning Commisson, letter from S.P.O.N.
(Stop Polluting Our Newpo t objecting to plans for
The Castaways.
Referred to staff or inclusion in on -going study,
letter from S.P,•.N. objecting to the proposed
retaining wa ""surrounding most of the Coves project.
Referred o staff for inclusion in on -going study, lett
r
from arbor Senior Citizens Club in support of a local
bus ystem.
Referred to staff for appropriate action, letter from
Michael J. Anderson regarding the storm drain system
at the intersection of Alta Vista and Aralia in
Eastbluff and stating that the system is deficient.
r
Volume 28 - Page 259
• COMMUNT7., nrl,r-i nppnF7KIT
RESOLUTION NO. 8375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE GREEN MEDALLION NURSERY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and the Green Medallion Nursery in
connection with off -site parking; and
WHEREAS, the City Council has considered the terms
and conditions of said off -site parking 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 off -site parking
agreement 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 29th day of October , 1974.
Mayor
ATTEST:
City Clerk
DDO/bc
10/22/74
City Council Meeting October 29, 19.74
Agenda Item No. H-2(PQ
11", LAIO
CITY OF NEWPORT BEACH
October 23, 1974
TO: City Council
FROM: Department of Community Development
SUBJECT: off -Site Parking Agreement in Conjunction With
LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side
of West Coast Highway, across West Coast Highway
from Bayshores.
ZONE: C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery. 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 traffi.c
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 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 Depart-
ment of Community Development.
Planning Commission Recommendation
At its meeting of October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an Off -site Park-
ing Agreement be approved which will guarantee a minimum of nine
parking spaces to be provided on Lots 14 and 15 of Tract 1210 so
long as the proposed nursery use exists on Lots 16 and 17.
TO: City Council - 2.
Background
The applicant proposes to establish a nursery in a one-story building,
Located at 60.0 West,.Coast,,Highway,-that formerly wa's„occupied by the
"Mr. Britches" clothing store. The existing"struct'ur'e','`donfd'itt'i'ng'
1,100 sq.ft., is situated on Lot 16 and a portion of Lot 15, Tract
1210, with thirteen related -parking spaces located to the east of the
building on Lots 14 and 15 of Tract 1210 (see attached plot plan).
The proposed development also includes the construction of a 1,000
sq.ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
a total of nine parking spaces for the proposed use (i.e., one space/
250 sq.ft. of gross floor area). These spaces would have to be pro-
vided on site unless an off -site parking agreement is approved. The
applicant is requesting that the required parking spaces be located
on Lots 14 and 15, since there is. inadequate space for the parking
of automobiles on Lots 16 and 17.
All of the lots in question are under a single three-year lease.
Suggested Action
If desired, adopt resolution authorizing
site parki-ng agreement between the City
Hirsch (Green Medallion Nursery).
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By QQy4At Q, 4 - -
S D. HEWIC CER
ssi tant Director - Planning
JDH/kk
Attachments for Council Only:
Vicinity Map
Plot Plan
the execution of an off -
of Newport Beach and Harold
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GREEN MEDALLION
600 W. COAST
NEWPORT BEACH,
City of Newport Beach
Planning Commissioner
Newport Beach, California
Dear Planning Commissioner:
NURSERY
ocr z 5 i374z:-
HIGHWAY
1 CpTT or acts,
CALIFORNIA
ca r
October 15, 1974
We would appreciate your consideration in favor of our,request for an off -
site parking agreement to be used in our new nursery business. Our lease
incorporates the use of all four lots; namely 14-15-16-17 of Tract 1210.
Approval would be in keeping with more than ample parking for our proposed
addition of 999 Sq. Ft. on Lot 17. This request is very essential to our
new business venture.
Thanks for your consideration.
Sincerely,
GREEN MEDALLIO NURSERIES, INC.
9
Harold Hirsch
President
hb
City Council Meeting October 29, 1974
Agenda Item No. H-2(dx4
CITY OF NEWPORT BEACH
October 23, 1974
TO: City Council
FROM: Department of Community Development
SUBJECT: Off -Site Parking Agreement in Conjuncti
LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side
of West Coast Highway, across West Coast Highway
from Bayshores.
ZONE: C-1-H
APPLICANT:. Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery. 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 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 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 Depart-
ment of Community Development.
Planning Commission Recommendation
At its meeting of October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an Off -site Park-
ing Agreement be approved which will guarantee a minimum of nine
parking spaces to be provided on Lots 14 and 15 of Tract 1210 so
long as the proposed nursery use exists on Lots 16 and 17.
TO: City Council - 2.
Background
The applicant proposes to establish a nursery in a one-story building,
located at 6.0.0 West_Coast,Highway-,--that formerly wa's.occupied by the
"Mr. Britches" clothing store. The existing "s't-r'u'ciure', "66ht'alin'i.n.g.,
1,100 sq.ft., is situated on Lot 16 and a portion of Lot 15, Tract
1210, with thirteen related' -parking spaces located to the east of the
building on Lots 14 and 15 of Tract 1210 (see attached plot plan).
The proposed development also includes the construction of a 1,000
sq.ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal.Code requires
a total of nine parking spaces for the proposed use (i.e., one space/
250 sq.ft. of gross floor area). These spaces would have to be pro-
vided on site unless an off -site parking agreement is approved. The
applicant is requesting that the required parking spaces be located
on Lots 14 and 15, since there is inadequate space for the parking
of automobiles on Lots 16 and 17. -
All of the lots in question are under a single three-year lease.
ti
Suggested Action
If desired, adopt resolution authorizing the execution of an off -
site parking agreement between the City of Newport Beach and Harold
Hirsch (Green Medallion Nursery).
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By ft2, :;D,
S D. HEWIC CE
ssi tant Director - Planning
JDH/kk
Attachments for Council Only:
Vicinity Map
Plot Plan
* Planning Commission Meeting October 17, 1974
Item No. Additional Business
CITY OF NEWPORT BEACH
October 16, 1974
TO:
Planning
Commission
FROM:
Department of Community
Development
SUBJECT:
Off -Site
Parking Agreement
in conjunction with the
proposed
Green Medallion
Nursery.
LOCATION:
Lots 14,
15, 16 and 17,
Tract 1210, located at
600 West
Coast Highway,
on the northerly side of West
Coast Highway, across West
Coast Highway from Bayshores.
ZONE:
C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery on the property in question.
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 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.
Analysis and Recommendation
The applicant proposes to establish a nursery in a one story building
located at 600 West Coast Highway that was formerly occupied by the
"Mr. Britches" clothing store. The existing structure is situated
on Lot 16, Tract 1210, with its related thirteen parking spaces located
to the east of the building on Lots 14 and 15 of Tract 1210 (see
attached plot plan).
a
The proposed development also includes the construction of a 1,000
sq. ft. lath house that will be constructed to the west of •the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
Item No. Additional Business
TO: Planning Commission - 2.
four parking spaces for the proposed lath house on Lot 17 (i.e. one
space/250 sq. ft. of gross floor area). These spaces would have to
be provided on site unless an off -site parking agreement is approved.
The applicant is requesting that the required parking spaces be loca-
ted on Lots 14 and 15, since there is inadequate space for the parking
of automobiles on Lot 17.
Staff has no objections to the applicant's request, since the four
lots in question are all being leased for the nursery use for a
period of at least three years. It should be noted that the existing
1,100 sq. ft. building and the proposed 1,000 sq. ft. lath house
would require nine parking spaces, and the existing parking lot has
thirteen parking spaces.
Staff recommends approval of an Off -Site Parking Agreement, guarantee-
ing that a minimum of nine parking spaces shall be provided on Lots 14
and 15 of Tract 1210 for the duration of the nursery use on the property
in question.
DEPARTMENT Of COMMUNITY DEVELOPMENT
R_ V_ HOM
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A.
Planning Commission Meeting October 17, 1974
Item No. Additional Business
CITY OF NEWPORT BEACH
October 16, 1974
TO:
Planning
Commission
FROM:
Department of Community
Development
SUBJECT:
Off -Site
Parking Agreement
in conjunction with
proposed
Green Medallion
Nursery.
LOCATION:
Lots 14,
15, 16 and 17,
Tract 1210, located at
600 West
Coast Highway,
on the northerly side
Coast Highway, across West
Coast Highway from
ZONE:
C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
t
of West
Bayshores.
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery on the property in question.
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 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.
Analysis and Recommendation
The applicant proposes to establish a nursery in a one story building
located at 600 West Coast Highway that was formerly occupied by the
"Mr. Britches" clothing store. The existing structure is situated
on Lot 16, Tract 1210, with its related thirteen parking spaces located
to the east of the building on Lots 14 and 15 of Tract 1210 (see
attached plot plan).
The proposed development also includes the construction of a 1,000
s.q. ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
Item No. Additional Business
TO: Planning Commission - 2.
four parking spaces for the proposed lath house on Lot 17 (i.e. one
space/250 sq. ft. of gross floor area). These spaces would have to
be provided on site unless an off -site parking agreement is approved.
The applicant is requesting that the required parking spaces be loca-
ted on Lots 14 and 15, since there is inadequate space for the parking
of automobiles on Lot 17.
Staff has no objections to the applicant's request, since the four
lots in question are all being leased for the nursery use for a
period of at least three years. It should be noted that the existing
1,100 sq. ft. building and the proposed 1,000 sq. ft. lath house
would require nine parking spaces, and the existing parking lot has
thirteen parking spaces.
Staff recommends approval of an Off -Site Parking Agreement, guarantee-
ing that a minimum of nine parking spaces shall be provided on Lots 14
and 15 of Tract 1210 for the duration of the nursery use on the property
in question.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN
MA
w7111am K. Laycoc
Senior Planner
WRL/sh
Attachments: Vicinity Map
Letter from Applicant
Plot Plan,
Item No. -Additional Business
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GREEN MEDALLION
600 W( COAST
NEWPORT BEACH,
City of Newport Beach
Planning Commissioner
Newport Beach, California
Dear Planning Commissioner:
NURSERY
v . 0C'f -i 1974,,
HIGHWAY
OF
clr-', 1IE4VFO:Zr
\ .?.; RZ,Oj�
CALIFORNIA
\Y ; CALIF.
October 15, 1974
We would appreciate your consideration in favor of our•request for an' off -
site parking agreement to be used in our new nursery business. Our lease
incorporates the use of all four lots; namely 14-15-16-17 of Tract 1210.
Approval would be in keeping with more than ample parking for our proposed
addition of 999 Sq. Ft. on Lot 17. This request is very essential to our
new business venture.
Thanks for your consideration.
hb
i
Sincerely,
GREEN MEDALLIO NU SERIES, INC.
Harold Hirsch
President
• Y:
COMMISSIONERS
CITY OF NEWPORT BEACH
ROLL CA
m m S m C D
p
�� m
October 17, 1974
MINUTES
71a..
value of the beaches."
Planning Commission discussed Commissioner Seely'
suggestion.
Motion
X
Pla ng Commission adopted Resolution No. 903
All Ayes
recomme 'ng to the City Council that the
Recreation Open Space Element be amended to
remove the spec 'c references to public
parking lots from t section and to replace
Item 3 with the followi sentence:
"The City will determine a desirable
maximum capacity of the bea and
explore possible methods of lime ' g
beach use to this capacity in order
assure that over -use does not destroy
the recreational and environmental
value of the beaches."
ADDITIONAL BUSINESS
ADDITIONAL
Off -Site Parking Agreement in conjunction with
BUSINESS
the proposed Green Medallion Nursery.
OFF -SITE
Location: Lots 14, 15, 16 and 17, Tract 1210,
PARKING
located at 600 West Coast Highway,
AGREE -
on the northerly side of West Coast
MENT --
Highway, across West Coast Highway
GREEN
from Bayshores.
EDALLION
NURSERY
Zone: C-1-H
APPROVED
Applicant: Harold Hirsch, Oceanside
Community Development Director Hogan advised
that this proposal is to develop a nursery at
the location of the former "Mr. Britches"
clothing store and to have one of the adjacent
lots developed with a covered trellis for the
use of the nursery. He then stated that the
other three lots would be used to provide
the necessary parking. Mr. Hogan advised that
the staff approves of the circulation plan.
Notion
X
Following discussion, motion to recommend to
4ll Ayes
City Council approval of an Off -Site Parking
Agreement, guaranteeing that a minimum of nine
parking spaces shall be provided on Lots 14 and 15
of Tract 1210 for the duration of the nursery use
on the property in question.
-26-
City Council Meeting October 29, 1974
Agenda Item No. H-2(b)
CITY OF NEWPORT BEACH
October 23, 1974
TO: City Council
FROM: Department of Community Development
SUBJECT: Off -Site Parking Agreement in Conjunction With
LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side
of West Coast Highway, across West Coast Highway
from Bayshores.
ZONE: C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery. In accordance with Section
20.38.040 of the Newport Beach•Mumjcipal 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 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 1 n the office of the
County Recorder and copies thereof fi.led with the Depart-
ment of Community Development.
Planning Commission Recommendation
At its meeting of October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an Off -site Park-
ing Agreement be approved which will guarantee a minimum of nine
parking spaces to be provided on Lots 14 and 15 of Tract 1210 so
long as the proposed nursery use exists on Lots 16 and 17.
TO: City Council - 2.
Background
The applicant proposes to establish a nursery' in a one-story building,
located at 6.0.0 West._Coast,Highway,••that formerly wa's occupied by the
"Mr. Britches" clothing store. The existing' s'truc ure', `C6nta•4tt'itrrg°
1,100 sq.ft., is situated on Lot 16 and a portion of Lot 15, Tract
1210, with thirteen related"parkin.g spaces located to the east of the
building on Lots 14 and 15 of Tract 1210 (see attached plot plan).
The proposed development also includes the construction of a 1,000
sq.ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
a total of nine parking spaces for the proposed use (i.e., one space/
250 sq.ft. of gross floor area). These spaces would have to be pro-
vided on site unless an off -site parking agreement is approved. The
applicant is requesting that the required parking spaces be located
on Lots 14 and 15, since there is inadequate space for the parking
of automobiles on Lots 16 and 17.
All of the lots in question are under.a single three-year lease.
Suggested Action
If desired, adopt resolution authorizing the execution of an off -
site parking agreement between the City of Newport Beach and Harold
Hirsch (Green Medallion Nursery).
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By QVW� Q
-4KPF,E_SD. HEWIC ER
ssi tant Director - Planning
JDH/kk
Attachments for Council Only:
Vicinity Map
Plot Plan
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City Council Meeting October 29, 19.74
Agenda Item No. H-2(b)
CITY OF NEWPORT BEACH
October 23, 1974
TO: City Council
FROM: Department of Community Development
SUBJECT:
in C
LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side
of West Coast Highway, across West Coast Highway
from Bayshores.
ZONE: C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery. 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 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 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 Depart-
ment of Community Development.
Planning Commission Recommendation
At its meeting of October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an Off -site Park-
ing -Agreement be approved which will guarantee a minimum of nine
parking spaces to be provided on Lots 14 and 15 of Tract 1210 so
long as the proposed nursery use exists on Lots 16 and 17.
TO: City Council - 2.
Background
The applicant proposes to establish a nursery in a one-story building,
located at 6.0.0 West,.Coast„Highway,,•,that formerly wa's..occupied by the
"Mr. Britches" clothing store. The existing struc ure, "con' a1wi'ng°`
1,100 sq.ft., is situated on Lot 16 and a portion of Lot 15, Tract
1210, with thirteen related'-parkin.g spaces located to the east of the
building on Lots 14 and 15 of Tract 1216 (see attached plot plan).
The proposed development also includes the construction of a 1,000
sq.ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
a total of nine parking spaces for the proposed use (i.e., one space/
250 sq.ft. of gross floor area). These spaces would have to be pro-
vided on site unless an off-site.parki,ng agreement is approved. The
applicant is requesting that the required parking spaces be located
on Lots 14 and 15, since there i.s. inadequate space for the parking
of automobiles on Lots 16 and 17.
All of the lots in question are under a single three-year lease.
h
Suggested Action
If desired, adopt resolution authorizing
site parking agreement between the City
Hirsch (Green Medallion Nursery).
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By Q---- 4- - - -
S D. HEWIC CER
ssi tant Director - Planning
JDH/kk
Attachments for Council Only:
Vicinity Map
Plot Plan
the execution of an off -
of Newport Beach and Harold
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City Council Meeting October 29, 1974 '
Agenda Item No
CITY OF NEWPORT BEACH
October 23, 1974
TO: City Council
FROM: Department of Community Development
SUBJECT: Off -Site Parking Agreement in Conju
H-2(b)
LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side
of West Coast Highway, across West Coast Highway
from Bayshores.
ZONE: C-1-H
APPLICANT:. Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery. 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 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 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 Depart-
ment of Community Development.
Planning Commission Recommendation
At its meeting of October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an Off -site Park-
ing Agreement be approved which will guarantee a minimum of nine
parking spaces to be provided on Lots 14 and 15 of Tract 1210 so
long as the proposed nursery use exists on Lots 16 and 17.
TO: City Council - 2.
Background
The applicant proposes to establish'a nursery .in a one-story building,
located at 60.0 West..Coast",Highway,,-that formerly wa's"occupied by the
"Mr. Britches" clothing store. The existing"struct'ure',
1,100 sq.ft., is situated on Lot 16 and a portion of Lot 15, Tract
1210, with thirteen related parking spaces located to the east of the
building on Lots 14 and 15 of Tract 1210 (see attached plot plan).
The proposed development also includes the construction of a 1,000
sq.ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
a total of nine parking spaces for the proposed use (i.e., one space/
250 sq.ft. of gross floor area). These spaces would have to be pro-
vided on site unless an off -site parking agreement is approved. The
applicant is requesting that the required parking spaces be located
on Lots 14 and 15, since there is. inadequate space for the parking
of automobiles on Lots 16 and 17.
All of the lots in question are under a single three-year lease.
r
Suggested Action
If desired, adopt resolution authorizing
site parking agreement between the City
Hirsch (Green Medallion Nursery).
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
By
S D. HEWICCE
ssi Cant Director - Planning
JDH/kk
Attachments for Council Only:
Vicinity Map
Plot Plan
the execution of an off -
of Newport Beach and Harold
City Council Meeting October.29, 1974 '
Agenda Item No. H-2(b)
CITY OF NEWPORT BEACH
October 23, 1974
TO: City Council
FROM: Department of Community Development
SUBJECT: off -Site_ Parking Agreement
LOCATION: Lots 14, 15, 16, and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side
of West Coast Highway, across West Coast Highway
from Bayshores.
ZONE: C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery. 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 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 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 Depart-
ment of Community Development.
Planning Commission Recommendation
At its meeting of October 17, 1974, the Planning Commission voted
unanimously to recommend to the City Council that an Off -site Park-
ing Agreement be approved which will guarantee a minimum of nine
parking spaces to be provided on Lots 14 and 15 of Tract 1210 so
long as the proposed nursery use exists on Lots 16 and 17.
TO: City Council - 2.
Background
The applicant proposes to establish a nursery Iin a one-story building,
located.at 60A West.Coast,Highway,-that formerly was occupied by the
"Mr. Britches" clothing store. The existing s'tr'uc ure', °d6n"td,in'tng•
1,100 sq.ft., is situated on Lot 16 and a portion of Lot 15, Tract
1210, with thirteen related* -parking spaces located to the east of the
building on Lots 14 and 15 of Tract 1210 (see attached plot plan).
The proposed development also includes the construction of a 1,000
sq.ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal.Code requires
a total of nine parking spaces for the proposed use (i.e., one space/
250 sq.ft. of gross floor area). These spaces would have to be pro-
vided on site unless an off-site.parking agreement is approved. The
applicant is requesting that the required parking spaces be located
on Lots 14 and 15, since there is. inadequate space for the parking
of automobiles on Lots 16 and 17..•
All of the lots in question are under a single three-year lease.
Suggested Action
If desired, adopt resolution authorizing the execution of an off -
site parking agreement between the City of Newport Beach and Harold
Hirsch (Green Medallion Nursery).
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
( --N 11 n
JDH/kk
Attachmer
Vici
Plot
�" - :tl•i d)�1 ,�r� ''�r'`s��� 'i�: •.. .,y�4 �L ��r',�: y��V ' •�,�.I ;i4 �:�,i �� �'! ;n �,i � '� •' .�j
`•"' tr;•,r.Ai�.• .i,, tr w•. t 1 1.' P•; 1'F �7�.. 'q: �r 4� ....e` .a.
CALIFORNIA REAL ESTATE ASSOCIATION STANDARD FORM
InbEilt"I11 E, made the...........i4•th .........................day of ... September
D. 1 ri_ 7� ...
between.................... ............................................................. ..-.......................................... ........
.......-........
..................... ohns on- and.... o]A,.. 1n�9a �1..-..Meg CuxY............. ......................... ............ .............
..............................................................................................................................................................
.......................... ................................................................................... ..._......... hereinafter called the lessor,
and............. ........................................................................................._...........
.......................... ... ...
hereinafter called the lessee.
WITNESSETH, that the lessor does by these presents, Ic--ase and demise unto [lie lessee all of the properly
situated in the ...... Newport Beach
County of.. -...Orange ...................
, State of California, described as follows, to wit:
600 W. Coast Highway, Newport Beach, California
Lots 14, 15, 16 and 17 Tract 1210
for the term of_.. ... three re9Ts............................................................
beginning,. Oetober 15.........................19.7 ., and ending..00tOber 14................................. 19.77.-..
for the Iola] rent orsum of. ..... Thirty seven thousand--eight•.hundred and no/100
.. .. . ..............
.............. Dollars,
In lawful money of the United States of America, payable as follows, to wit:
Lessee agrees to pay first and last months rent in advance which includes
$300.00 to be applied to taxes.
Receipt of $1,050.00 is hereby acknowledged as deposit for first months
rent on lease with balance of $1,050.00 to be paid on or before date of
occupancy of said property for last mohhhs rent.
Balance of rent including taxes to be paid on the 15th day of each month
until the entire sum of37,800.00 has been paid. ***See paragraph 21.
Lessor agrees to grant Lessee an additional six year option with terms
to be negotiated at time of exercising imax option upon ninety day
written notice of desire to excercise option.
All of said rent shall be paid at the office of ----- .70hnS.on..and..S.on.,..LinColn..-..Mercury...............
the agent of the lessor..2626 Harbor Blvd. Slreet,,.Costa Mesa, California 92626
..........
.....- . .
California, or at such other place as may be designated by the lessor.
IN ADDITION THERETO IT IS HEREBY AGrCED AS FOLLOWS, TO WII:
First: That the lessee shall pay the lessor said rent in the mmmer herembefore specified, and shall not lei of
underlel the whole or any part of said premises, nor sell or assign this lease, ullner voluntarily ur by opeialiun of low,
nor allow said property to be occupied by anyone contrary to the terms hereol, without the wnllen consent of the lessor;
Second: That should said rent be not paid when due or should the lessee default in any of the covenants or
conditions contained herein, the lessor, or his representative or agent, may re-enter said premises and remove all
persons therefrom;
Third: That the lessee shall occupy said demised premises and shall keep the some in good condition, including
such improvements as may be made thereon hereafter, the usual wear and tear and damage by the elements excepted,
and shall not make any alterations thereon without the written consent of the lessor and shall nol commit or suffer to be
committed any waste upon said premises;
Fourth: That said premises shall not be used by the lessee, nor anyone else, during the term hot eof or any exten-
sion thereof, for the sale of any intoxicating liquors, nor for any Illegal or, Immoral purpose, and thut possession of said
premises by the lessee or his successors or assigns shall not be construed as conveying any title thereto or ownership
thereof; I -
Fifth: Thal all Governmenldl lows and ordinances sholl.be complied with by the lessee;
9
Sixth. That the lessee waives all rights under SPCtiaa 1742 of the Civil Code of California and r:lenses the lessor
from any and all damages which may be sustained by the lessee or any other party during the firne lie may be in
possession of said premises;
Seventh: That should the occupancy of sold premises, by the lessee, cause the present fire and liability insurance
roles opplicuble thereto to be increased, the lessee shall pay the difference upon the amount of fire and liability insur-
ance now being carried by the lessor and said difference shall ba in addition to the amount of rental specified herein
and shall be paid to the lessor upon demand;
Eighth. That should the lessor be compelled to commence or sustain an action at low to collacl surd rent or parts
thereof or to dispossess the lessee or to recover possession of said premises, the lessee shall pay all costs in connection
therewith including a reasonable fee for the attorney of the lessor;
Ninth. Thal the waiver, by the lessor, of any covenant or condition herein contained shall not vitiate the some or
any other covenant or condition contained herein and that the terms and conditions contained herein ;hall apply to and
bind the hems, successors and assigns of the respective parties hereto,
Tenth: !hot should the lessee occupy said ptomisos after the expiration date of this lease, with the consent of the
lessor, expressed or implied, such possession shall be construed to be a tenancy from month to month and said lessee
shall pay said lessor for said premises the smn of 0*050. 00 per month for such pehiod op said lessee
may remain in possession thereof;
Eleventh: Thai said premises shall not be used by the II•%see during the term of this lease for other than
............... ... ......
NlzrrFP! ............................................................... ..................................... purposes
.
except with the written consent of the lessor;
Twelfth: Thal at the expiration of said lean or the sooner determination thereof, the lessee shall peacefully quit
and surrender possession of said premises in as good condition as reasonable use and wear thereof will permit;
Thirteenth: That all words used herein in the singular number shall include the plural and the present tense shall
include the future and the masculine gender shall include the feminine and neuter. +
'C
' v
IN WITNESS WHEREOF, the lessor and the lessee have executed this indenture as of the day and year first t
above written,
A
For these Conn. ..4Lws C.Monala Peal Ernst. Am..11on,
520 So Grand A.., Los nny.les ' Val2
(C.PYriyhr 192e, br Caldnmrn Rail Esram A11o6.14al
O
1
FORM ,f L le
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ADDENDUM TO LEASE DATED September 14, 1.974
BETWEEN JOHNSON and -SON and MICHAEL H. HIRSCH
•J ii r`,�fP
♦♦♦ A
•. 5
♦ � 1
Fourteenth: All alterations to the leased premises shall be made at the
Lessee's sole cost and expense, The Lessee has the right to make
interior•change si.necessary to conducting a nursery upon approval of Lessor.
Fifteenth: Lessee agrees to
this lease, ,,pay ,for all utilities during the term of
'
Sixteenth: Lessee agrees to pay all taxes, real and personal,
against subject property, 'assessed
Seventeenth: The Lessee shall have the privilege of placing on or
attaching to the building and/or premises wherein the leased premises
are located signs, without the Lessors approval, provided their do not
violate the laws and, regulations of the city and state. The Lessee
also agrees at the request of the Lessor that it will promptly remove
su,eh sign Loigns after the expiration of this lease, r
Eighteenth: Lease subject to Lessee obtaining a "Land Use Permit" from
the city ,of Newport,.Beach, California, and eny or all governmental
agencies concerned,
Nineteenth: The LesseerIshall, at Lessee's sole cost and expense, but
for the mutual benefit of Lessor and Lessee, maintain general public
liability insurance against claims for personal injury, death or
property damage occurring in, upon or about the demised premises, and
on, in or about the sidewalks directly adjoining the demised premises.
The limitation of liability of such insurance shall be Fifty Thousand and
no/100 ($509000,00) Dollars for injury (or death) to any one person,
and,One Hundred Thousand and no/,100 (W0,000,00) Dollars for injury,
(or4death,T� o more than one person, and Five Thousand and no/100
(�5;bbd'.O7 Dollars with respect to,property damage; All such policies
Of' -insurance shall be issued in the name of the Lessee, and Lessor and,for
the mutual and joint benefit and protection of the parties and such
poi eies of insurance or - copies thereof shall be delivered to the
LeW4WP,''atidras often as any such policy or policies shall expire or
terminate,,„nenewal' or,;additi.onal policies shall 'be procured and main-
tained 'Vs?%Lessee in.rkike manner and to like extent. All such policies
sha1� ,contaln,a .clauspl or, endorsement to the effect rthat they may not Y`
be germinated, o�;mate rially: amended except after .ten (10) n,.Lessor
w t �notice_ ereof •to :. Lessee agrees that all such
,ft�..
P014,cies„of,-,insurance "carried and maintained by it pursuant to the "rl
re(C#Irepents of„ this•,(lxticle shall be issued by'd
Company.,or Companies,,.,z,,, a so-called Boa fi
Twentieth: Lessor agrees;to have:roof in good
f or•duration of lease. Lessor further agrees tondition replaceand anymand tall same
broken or damaged windows as of this date. Lessee to be responsible
for all windows thereafter. Lessor agrees to remove existing wall
between Lots 16 and 17.r, Lessee shall have the right to install any
fencing necessary to conduct his business. Upon termination of lease
Lessee shall remove said fencing. • ,.
Twenty one: At the end of each tax year, an accounting will be rendered
by sub -Lessor to sub -Lessee showing the actual amount of taxes assessed,
the amount collected and paid over, and the balance due, if any, shall
be promptly paid by the sub -Lessee to sub -Lessor. If an overpayment
has been made, proper credit will be given on the next month's rent
statement. I
a
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premises by the lessee or his successors or assigns shall not be construed as conveying any ulie
thereof;
Fifth: That all Governmental laws and ordinances shall be complied with by the lessee;
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�DIST�38�TIN-S-6' AP—CITY—®F--�IE'SPOR'f—ROACH—CALIF'ORNIA
ADORoroRo.a
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GREEN MEDALLION
600 W. COAST
NEWPORT BEACH,
City of Newport Beach
Planning Commissioner
Newport Beach, California
Dear Planning Commissioner:
NURSERY
HIGHWAY
CALIFORNIA
Y RECEIVED
devl onenn�t
OCDept.
T 151974,
NEW P=Fi EAC
H,
October 15, 1'974
We would appreciate your consideration in favor of our request for an off -
site parking agreement to be used in our new nursery business. Our lease
incorporates the use of all four lots; namely 14-15-16-17 of Tract 1210.
Approval would be in keeping with more than ample parking for our proposed
addition of 999 Sq. Ft. on Lot 1-7. This request is very essential to our
new business venture.
Thanks for your consideration.
Sincerely,
GREEN MEDALLION NURSERIES, INC.
Harold Hirsch
President
hb
Planning Commission Meeting October 17, 1974
Item No. Additional Business
CITY OF NEWPORT BEACH
October 16, 1974
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Off -Site Parking Agreement in con
proposed Green Medallion Nurserv.
LOCATION: Lots 14, 15, 16 and 17, Tract 1210, located at
600 West Coast Highway, on the northerly side of West
Coast Highway, across West Coast Highway from Bayshores.
ZONE: C-1-H
APPLICANT: Harold Hirsch, Oceanside
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed nursery on the property in question.
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 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
Commu'nity-Development.
Analysis and Recommendation
The applicant proposes to establish a nursery in a one story building
located at 600 West Coast Highway that was formerly occupied by the
"Mr. Britches" clothing store. The existing structure is situated
on Lot 16, Tract 1210, with its related thirteen parking spaces located
to the east of the building on Lots 14 and 15 of Tract 1210 (sed
attached plot plan).
The proposed development also includes the construction of a 1,000
sq. ft. lath house that will be constructed to the west of the exist-
ing building, on Lot 17 of Tract 1210. The Municipal Code requires
Item No. Additional Business
TO: Planning Commission - 2.
four parking spaces for the proposed lath house on Lot 17 (i.e. one
space/250 sq. ft. of gross floor area). These spaces would have to
be provided on site unless an off -site parking agreement is approved.
The applicant is requesting that the required parking spaces be loca-
ted on Lots 14 and 15, since there is inadequate space for the parking
of automobiles on Lot 17.
Staff has no objections to the applicant's request, since the four
lots in question are all being leased for the nursery use for a
period of at least three years. It should be noted that the existing
1,100 sq. ft. building and the proposed 1,000 sq. ft. lath house
would require nine parking spaces, and the existing parking lot has
thirteen parking spaces.
Staff recommends approval of an Off -Site Parking Agreement, guarantee-
ing that a minimum of nine parking spaces shall be provided on Lots 14
and 15 of Tract 1210 for the duration of the nursery use on the property
in question.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN
Bye �P�°a$u.
William R. Laycoc ,
Senior Planner
WRL/sh
Attachments: Vicinity Map
Letter from Applicant
Plot Plan•
Item No. Additional Business
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GREEN MEDALLION (NURSERY
600 W. COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
City of Newport Beach
Planning Commissioner
Newport Beach, California
Dear Planning Commissioner:
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•CALF.
October 15, 1974
We would appreciate your consideration in favor of our request for an off -
site parking agreement to be used in our new nursery business. Our lease
incorporates the use of all four lots; namely 14-15-16-17 of Tract 1210.
Approval would be in keeping with more than ample parking for our proposed
addition of 999 Sq. Ft. on Lot 17. This request -is very essential to our
new business venture.
Thanks for your consideration.
Sincerely,
GREEN MEDALLIONURSERIES, INC.
tc7
Harold Hirsch
President
hb