HomeMy WebLinkAboutOFF-SITE PARKING AGREEMENT_3471 VIA LIDO 503 32ND STR1:CEM";D BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO: AMAPR 2 u 1995
PIR
PLANNING DEPARTMENT 71819110(111121112131j41516
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92658-891S
DOC # 95-0147413
07—APR-199-5 03950 PPP
Recorded in Official Records
of Orange County, California
Gary L. Granville, Clerk -Recorder
Page i of 17 Fees: t 53.00
iax� 3 0.00
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OFF -SITE PARKING AGREEMENT
(503 32nd Street, Newport Beach, California)
This Agreement is made and entered into as of the �W& day of
, 1995., by and between NEWPORT VIA LIDO ASSOCIATES, a
Calif nia limited partnership ("NVLA"), 503 LIDO PARTNERS, LTD., '�
a Ca fornia Limited Partnership ("503 Lido"), and the CITY OF
NEWPORT BEACH, a municipal corporation (the "City").
RECITALS
A. Earl G. Sawyer and Eleanor B. Sawyer (collectively,
"Sawyer"), Griffith Company ("Griffith") and City have previously
entered into that certain Off -Street Parking Agreement (the
"Original Off -Street Parking Agreement") dated as of March 5, 1968,
which Original Off -Street Parking Agreement was recorded in the
Official Records of Orange County on March 13, 1968, in Book 8541,
Pages 383-387.
B. 503 Lido is the successor in interest to Sawyer under the
Original Off -Street Parking Agreement.
C. NVLA is the successor in interest to Griffith under the
Original Off -Street Parking Agreement.
D. 503 Lido is the owner of that certain real property
located in the City of Newport Beach, County of Orange, State of
California, and more particularly described on Exhibit A attached
hereto and incorporated herein by this reference (the 11503 Lido
Property"). An office building (the 11503 Building") is presently
located on the 503 Lido Property.
E. NVLA is the owner of that certain real property located
in the City of Newport Beach, County of Orange, State of
California, and more particularly described on Exhibit B attached
hereto and incorporated herein by this reference (the "NVLA
Property").
F. Under the provisions of the 1954 Newport Beach Municipal
Code, the 503 Building was required to provide 12 parking spaces.
G. Due to changed circumstances, the Original Off -Street
-1-
Parking Agreement was entered into to provide sufficient parking
spaces to meet the City's subsequent zoning requirements by
establishing a parking easement on the NVLA property for the non-
exclusive use of 24 parking spaces. The use of the 24 parking
spaces was restricted to customers and business invitees.
H. NVLA and 503 Lido have entered into that certain "First
Amended and Restated Off -Street Parking Agreement" which amends the
Original Off -Street Parking Agreement. A recordable Memorandum of
First Amended and Restated Parking Agreement is attached hereto as
Exhibit C and included herein by this reference.
2. 503 Lido, NVLA and City now desire to enter into this
Agreement to provide for, among other things: (i) the reduction in
the number of parking spaces on the NVLA Property which the 503
Building is entitled to use from twenty (24) non-exclusive parking
spaces to twelve (12) non-exclusive parking spaces (the 1112
Spaces"); (ii) the requirement that NVLA obtain the consent of the
City if it desires to relocate the 12 Spaces from the "Easterly
Parking Area" as permitted by the "First Amended and Restated Off -
Street Parking Agreement; and, (iii) allowing the 12 Spaces to be
used by the owner, lessees, tenants, and occupants of the 503
Building."
J. The Planning Commission of the City of Newport Beach on
April 21, 1994, recommended to the City Council that an Off -Street
Parking Agreement be approved, which will ensure that 12 Off -Street
Automobile Parking Spaces will be provided for the benefit of the
503 Lido Property, within the "Easterly Parking Area" of the NVLA
Property as shown on Exhibit D attached hereto and incorporated by
reference.
K. The City Council approved the Amended Off -Street Parking
Agreement on • 013 , 1995, finding the Agreement in accord
with Section 0.33.060 of the Newport Beach Municipal Code, in that
(i) the Easterly Parking Area is located so as to be useful with
the use of the 503 Lido Property, (ii) parking within the Easterly
Parking Area will not create undue traffic hazards in the
surrounding area, and (iii) the Agreement creates an easement of a
duration adequate to serve the current uses of the 503 Building.
NOW THEREFORE, in consideration of the foregoing, it is agreed
by and between the parties to this Agreement as follows:
1. NVLA agrees to grant to 503 Lido a perpetual, non-
exclusive easement (the "Parking Easement") to 503 Lido, as owner
of 503 Lido Property, as a non-exclusive easement appurtenant to
the 503 Lido Property, for the parking of up to 12 automobiles on
the NVLA Property, on a first come, first served basis. NVLA
further agrees that it will provide the 12 Spaces solely within the
-2-
M
Easterly Parking Area of the NVLA property and will not relocate
any of the 12 spaces to any location outside the Easterly Parking
Area without approval of the City Council of an amendment to this
Agreement. NVLA shall not be required to obtain the consent of 503
Lido in the event of a relocation of the 12 Spaces so long as such
relocation complies with the terms of the "First Amended and
Restated Off -Street Parking Agreement," and NVLA performs its
obligations with respect to such relocation as set forth in the
"First Amended and Restated Off -Street Parking Agreement."
2. The Parking Easement may be exercised by the owners,
lessees, tenants, or occupants of the 503 Building, and their
clients, customers, or invitees.
3. The provisions of the "First Amended and Restated Off -
Street Parking Agreement, or any subsequent agreement between, or
action of NVLA and 503 Lido, shall not operate in any way to
conflict with, diminish, reduce, or eliminate NVLA's Agreement to
provide the 12 Spaces within the Easterly Parking Area for the 503
Lido Property without further amendment of this Agreement approved
by the City Council of the City of Newport Beach.
4. The City hereby approves the Amendment of the Original
Off -Street Parking Agreement by the "First Amended and Restated
Off -Street Parking Agreement" subject to the terms and conditions
of this Agreement.
5. This Agreement shall run with the property described
above and shall bind the heirs, successors, and interests and
assigns of the parties hereto, and shall be recorded in the Office
of the County Recorder, of the County of Orange, State of
California.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and executed the day first above written.
CITY OF NEWPORT BEACH
By:
John W. Hedges, Mayor
-3-
ATTESTED:
APPROVED AS TO FORM:
Dated: 1'v // -t ,
Dated: d a 3 ,
1994 By:
1994 By:
-4
NVLA
503 LIDO
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
On before me /D�LLe.�. personally
appeared z personally known to me (or proved to me on
the basis f satisfactory vidence) to'be a persons) whose names) is/are subscribed to
the within instrument and acknowledged to me that_h�she�they executed the
same in hisfher-/their authorized capacity(ies), and that by44s•/her-/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary's Signature
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
On before me, personally
appeared personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notary's Signature
planning\carolyn\forms\statel.cal
State of California
County of 6td-IL iP,
On Q&hF 4,3 , 1994, before me, /'�-41 wd&ll P-It)h;l(- ,
(insert name of notary)
notary public in and for said State, personally appeared
personally known to me (or
pro))� d to 4de Sih the b sis of satisfactory evidence) to be the
persson(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature-c�1e-1�• Z44—L
CAPACITY CLAIMED BY SIGNER:
[ ] Individual(s)
[v/ Partner(s)
[ ] Trustee(s)
[ ] Corporate
Officer(s)
Titles)
[ ] Attorney -In -Fact
[ ] Subscribing Witness
[ ] Guardian/Conservator
[ ] Other:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies): 503 Lido Partners, LTD., a
California limited partnership.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On e , 199_L, before me, the undersigned, a
Notary Public in and or said County and State, personally appeared
personally known to me;
7❑l proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
r '' • ARIENE L BIRON
r , ¢ Comm, 41011178
_ o Cn NOTARY PUBLIC • Q4WO M
Notes Public a DreogeCcunry
ry �� W C0mm• FV 08 Dec. 17,1997
Exhibit A
Legal Description of 503 Lido Property
LOT 6, TRACT 1117, AS RECORDED IN BOOK 35, PAGE 48 OF
MISCELLANEOUS MAPS OF THE RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
Exhibit B
Legal Description of NVLA Property
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 85 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.B. & M., IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 50 FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED IN BOOK
1011, PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED
IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL
FIRST DESCRIBED ABOVE.
Exhibit B - Page 1
M4 051 T 0-
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CASTLE & NICHOLSON
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Attention: Gary A. Glick, Esq.
Space above this line for Recorder's use only
MEMORANDUM OF FIRST AMENDED AND RESTATED
OFF-STREET PARKING AGREEMENT
This Memorandum of First Amended and Restated Off -Street
Parking Agreement (this "Memorandum") is _dated as of the day
of , 1994, by and between NEWPORT VIA LIDO ASSOCIATES, a
California limited partnership ("NVLA") and 503 LIDO PARTNERS,
LTD., a California Limited Partnership (11503 Lido"), with reference
to the following facts:
503 Lido is the owner of that certain real property located in
the City of Newport Beach, County of Orange, State of California,
and more particularly described on Exhibit A attached hereto and
incorporated herein by this reference (the 11503 Lido Property").
NVLA is the owner of that certain real property located in the
City of Newport Beach, County of Orange, State of California, and
more particularly described on Exhibit B attached hereto and
incorporated herein by this reference (the °NVLA Property").
On or about 1994, NVLA and 503 Lido entered into
that certain First Amended and Restated Off -Street Parking
Agreement (the "Agreement"), which Agreement amends and restates
that certain Off -Site Parking Agreement (the "Original Off -Site
Parking Agreement") dated as of March 5, 1968, and recorded in the
Official Records of Orange County on March 13, 1968, in Book 8541,
Pages 383-387. The Agreement provides, among other things, for (i)
the reduction in the number of parking spaces 11503 Lido and its
Agents" (as defined in the Agreement) is entitled to use on the
NVLA Property from twenty-four (24) parking spaces to twelve (12)
parking spaces (the 1112 Spaces"), (ii) the right of NVLA to
designate a specific portion of the "Parking Areas" (as defined in
the Agreement) to be used by 503 Lido and its Agents for the 12
Spaces, (iii) a monthly parking charge payable by 503 Lido for the
right to use the 12 Spaces, (iv) the designation of those persons
entitled to use the 12 Spaces, (v) certain validation rights
granted to 503 Lido and its Agents and certain validation
GAG 22979 114574 3 0412"l94
obligations imposed on NVLA, and (vi) NVLA'a obligation to maintain
the "Via Opporto Wall Opening" (as defined in the Agreement).
NOW, THEREFORE, for and in consideration of the foregoing,
NVLA and 503, Lido hereby agree as follows:
(a) Grant of Parking Easement. Subject to the terms and
conditions of the Agreement, NVLA hereby grants to 503 Lido a
perpetual, a non-exclusive easement (the "Parking Easement"), which
is granted to 503 Lido as owner of the 503 Lido Property as an
easement appurtenant to the 503 Lido Property, for the parking of
up to twelve (12) "automobiles" (as defined in the Agreement)
within the Parking Areas by 503 Lido and its Agents.
(b) Terms and Conditions of -.the Agreement. NVLA and 503 Lido
agree to be bound by the terms and conditions of the Agreement,
which Agreement is incorporated herein by this reference. In the
event of any inconsistency between the terms and conditions of this
Memorandum and the terms and conditions of the Agreement, the terms
and conditions of the Agreement shall govern and control.
IN WITNESS WHEREOF, each of the parties hereto has executed
this instrument as of the date first above written.
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporatio its General Manager
By:
Print Name: _FR l 2 blAbA
Its
Dated:
[signatures continued on next page]
GAG 22979114574 3
-2-
04120194
[signatures continued from previous page]
503 LIDO:
503 LIDO PARTNERS, LTD., a California
Limited Partnership
Dated: d�ot3 %9y
By:
Prin ame: �TA� .TA eosKy�
Its: G FivE¢A� fARr.YEe of �Tq �osc}/ ?,,vve�srx�rv/
PA,Q7�✓a'�
LTti,
Dated:
GAG 22979 114574 3 - 3 - 04/20/94
STATE OF CALIFORNIA )
ss.
COUNTY OF Zdn Qi )
On 3 , 199-LI, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
v If/ v
personally known to me;
proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person(s), or the entity upon behalf,
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
op // � KATHLEEN M. WHTTE
\ G/LG4G.�V .CC �L�c G ..r... Notary PGE COUNTY
ORANGE COUNTY
Notary Public ' My Commission Expires
Ssptemt>er 8, 1995
STATE OF CALIFORNIA )
��^ ss.
COUNTY OF
On , ? 199-,/, before me, the undersigned, a Notary
Public and for said County and State, personally appeared
v v v
personally known to me;
proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
OFFICIAL SEAL
KATHLEEN M. WHf1E
Q Notary Public-Captoml0
ORANGE COUNTY
My Commission Expires
September 8. 1995
GAG 22879 114574 3
o4=9t
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On _y , 199q, before me, the undersigned, a
Notary Pqlilic in and or said County and State, personally appeared
IZI I Z 11.. LArA ,
personally known to me;
❑ proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies)I and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
/�� ��w ARLENE L. IRON 9 .,:..
(i Comm. # 1011178
3 d® Noriwr rueguc . cAUF«uau► �
Notary Public a y tyCD= sDec. 17.1997
Exhibit A
Legal Description of 503 Lido Property
LOT'6, TRACT 1117, AS RECORDED IN HOOK 35, PAGE 48 OF
MISCELLANEOUS MAPS OF THE RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
Exhibit A - Page 1
Exhibit B
Legal Description of NVLA Property
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 85 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.B. & M., IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 50 FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED IN BOOK
1011, PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED
IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL
FIRST DESCRIBED ABOVE.
Exhibit B - Page 1
VIA OPPORTO
WALL OPENING
ti Parldng Areas
Easterly Parking Area
The MLA PropeftK
j Lidc
Exhibit , "_D", ® Pr vem�
s►TF- 'Pt -AN —�
PrQ
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.� 310-859-3949 LEWSON LIEBERMAN
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887 P0 2
OFF-STREET PARKING AGREEMENT l
(Property Located at 503 - 32nd
Street, Newport Beach)
MAY 03193 14:39
"CORDED AT weQ� rJ' E O
SECURITY TITLE INS, CC.
IN OFFICIAL RECO,�b3 OF
CHANGE COUNTY, CALIF,
& " MAR 13 1968
1. WYLIRLyLE, CountyRecorder
THIS AGREEMENT is entered into this day of
1968, by EARL G. SAWYER and ELEANOR B.
SAWYER, husband and wife, hereinafter called "Sawyer", GRIFFITH
COMPANY, a California corporation, hereinafter called "Company",
and the CITY OF NEWPORT BEACH, a municipal corporation, herein-
after called "City".
Recitals:
A. Chapter 20.38 of the Newport Beach Municipal Code
entitled "'-H' DISTRICT" -establishes off-street parking require-
ments -for property located in all C and M zoning districts
within the City which are combined with "-H" districts,
B. Sawyer holds fee title to a parcel of real property
upon which there is an office building located at 503 - 32nd
Street in the City of Newport Beach, more particularly described
as follows:
Lot 6, Tract 1117, as recorded in Book 35, page
48 of Miscellaneous.Maps of the records of Orange
County, excepting therefrom the easterly 114 feet,
hereinafter referred to as Parcel A.
C. Parcel A is located in a C-1-H zone of the City,
D' Pursuant to the off-street parking formula applica-
ble to office buildings in "-H" districts, twenty-four (244)
off-street parking spaces are required to be furnished in connec-
tion with .the prg$ent„us•s.,.9l..Parasl .F�,;.(S.c,�jon, 2Q,38i.,G30.. (pj:. ,
N,B.M•C.), I
E. Company is a former owner of Parcel A, which it
sold to John S. Mason, a predeoessor in title of Sawyer, At the
time it sold Parcel A to Mason, Company agreed by letter dated
April 1, 1954 that it would provide sufficient off-street parking
spaces to meet the City's zoning requirements in nearby pa. -king
310-859-3949 LE NSON LIEBERMAN 88? P03 MAY 03'93.14:40
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areas under its control,
accY 854 l F ,r; 384
At that time Parcel A was bounded by
privately owned streets, which the parties contemplated using
to accommodate a considerable amount of the required parking,
in conjunction with a certain portion of the area designated
as Parcel B for purposes of this agreement and which is more
particularly described as follows:
A portion of Lots 3, 6 and 7, Tract 1117, as
recorded in Book 35, page 48 of Miscellaneous
Maps of the records of Orange County.
The areas
of
private streets
bounding Parcel A
were subsequently
dedicated
as
public streets,
thus eliminating a
certain portion
of of£ -site parking contemplated for use Gy parcel A.
F. For reasons unknown, the commitment by Company to
provide the required parking was not embodied in a recorded
agreement as required by Chapter 20.38. After this omission
was brought to the attention of Company by City, Company expressed
its willingness to formalize its previous commitment by a written
agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. For so long as the office building presently
located on Parcel A continues to exist, Company agrees to make
available twenty-four (24) parking spaces located on Parcel B
for the personal use of the owner in fee of Parcel A and for the
use by customers and business invitees of the tenants or occu-
pants of said office building. The parties hereto agree that the
right to use said parking spaces is nonexclusive and it shall not
include the right- of personal use of P said spaces for parking by
. ru.o•fa.�tiun..+.e.',.w e.rtwai.i...q...r Gii•c..: . .q.�.y.l,.p(i •.i4 �•{1F :•I:i: .'11'•t:
lessees, tenantsMor occupants of said building or their employees,
except insofar as'such person or persons are also the fee owners
of Parcel A.
2, As between Sawyer and Company, or the lessees of
Company which have the right to use parking spaces in Parcel B,
it is agreed that they will share in the cost of maintenance,
1)
310-959-3949 LEVSON LIEBERMRN 667 P0 4
MAY 03193 14:40
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8C'C� 854 f "'!U 385
upkeep and repair of Parcel B, including but not limited to
reasonable hazard insurance premiums and taxes thereon, costs of
sweeping, striping, bumpering, lighting, relamping, etc., in the
ratio as the twenty-four (24) parking spaces bear to the total
Z'E e
number of parking spaces in Parcel B. �:
3. Company agrees to maintain said parking lot on
Parcel B and to provide thereon the number of Spaces herein agreed
upon for as long as Parcel A or the office building presently
located thereon is used for any purpose which under the laws and
ordinances of City requires that ziutiber of off•-s't'reet' parking
spaces in connection with such use. City is not hereby restricted
from legislative, administrative, executive,'or quasi-judicial
action with respect to either parcel of property as such action
may now or hereafter be authorized or undertaken. Should a change
in use or additional use of either parcel, be proposed, the
applicable regulations of City shall apply.
4. This agreement shall run with all land herein
described and shall bind the successors of the present owners
thereof and shall be recorded in the office of the County Recorder
of Orange County.
IN WITNESS WHEREOF, the
this agreement as of the
2911
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ies hereto have executed
first.a�e written.
ELE OR B. 5A ER
' SAWYER
GRIFFITH COMPANY
is vice pR tthFN�
Attest: J
T t s ecxsr r
COMPANY
,
310-959-3949 LE6NSON LIEBERMRN
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to
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!NI
CITY OF
BB7 P05 MRY 03193 14:41
csGC�:b'SQ 1 �:r,rF�86
4_ROVEtDAl TO ORM:By7IMayor
SAttest:rney� ,-
.'
STATE OF CALIFORNIA )
ss
COUNTY OF , )
On .�'& 5 1968, before me, the under-
signed, a Notary �` 1 c 1r1aid-tox said County and State,
personally appeared EARL G, SAWYER and ELEANOR B+ SAWYER, known
to me to be the persons whose names are subscribed to the within
instrument and acknowledged that they exeouted the same,
WITNESS my hand and of• aial seal.
.".... OFFICIAL..SEAL.............„s
t HOW.'AR08'. LAWSON, JR.
NOTARY PUBLIC -CALIFORNIA Notary Public in and for
3 PRINCIPAL OFFICE IN said County and State
ORANGE COUNTY
....1..1............ .............. 1,... .......... . ,.. ...v...............••Y
HOWARb B. ILAW(SON, JR.
STATE OF CALIFORNIA ) My Corhriiisslon Explres Jan. 4, i989
' • ss
19II COUNTY OF )
21 I On �� %��% , 1968, before me, the under -
I signed, a Nota i'u lic an or sand County and State,
pe on ly appeared7��J and
2z I l s. r , known to me e the vlce PRV5IQZWT and
respectively, of the G FF H , t e cor-
poration t at executed the within instrument,.known to me to be
231 the persons who executed the within instrument on behalf of the
241corporation herein named and acknowledged to me that such corpor-
ation executed the within instrument pursuant to its by-laws or a
I resclution'of its Board of Directors.
25 ' •
26I WITNESS my hand and official seal.
alruxn.....mrnlYre.Mn,.agr4rM.+nrMrurrffll� /
vsL i.. i,. c,rslAEN
27 II u r a i.,^iw:; pohlic
� :-1 prl o , r calk. In Notary Public and or
Frir.:l�,l ntlic^ In NOt j,i7, a f
28 ur.,,;;� c..... said County and State
+...4...+.r.l....1..01..1..1..4.\.111r..4f.a.f.rag111fYylr.,i
29 YELVA 0. CAV,11c d
My commission Expires April IS. lfdb'
30 STATE OF CALIFORNIA )
ss
31 COUNTY OF ORANGE
32 On t� ff� , 1968) before me, the
4.
310-659-3949 L V NSON LIEBERMRN 887 FOS
MRY 03193 14:42
f
c
Ic
11
12
13
14
15
16
I
17
18
191
20
21
22
23
24)
26,
26
27
28
29
30
31
3-a11
wr'"
accy.854 f rnbc 387
L11 undersigned, a Notary -Public in and for said Ca nt and State
i personally appeared PAUL ,T. GRUBER an� d �
to be the Mayor andR Clerk respectively, o4.the known
Oto me
CITY
NEWPORT BEACH, the'lnunicipal corporation that executed.the within
51 instrument, and acknowledged to me that said municipal corporation
executed the same pursuant to a resolution of its City Council.
i,
IWITNESS my hand and offici 1 seal.
,:y'� �'�'�e`'• ...;...`� •t.. P!•.LEty. YI �YXiY4/
f oVY ira�rttn i No ary Public in and
Ny Or�JiGtGuUN1Y 4 for
said County and State
...... l P? Cc:na�issian Cr.Ntre: Feb, 4
:vr>k•� iPecoRJ�D YYI.�+r�• , u
"Port' Balboa Savings and
Loan Association
3a65 Yia ;Lido
�wport Reach, Califn.v.L,
5.
is
RECORDING REQUESTED BY AND qp-259862
WHEN RECORDED RETURN TO:
City Clerk /v- Tlzrt 9n $29, 0
City of Newort Brach C2
Post Office Box 1768 .__.. _-
3300 Newport Boulevard
Newport Beach, CA 92659-1768
Space above this li=fR
I E AS AN AGREEMENT
CORDED IN OFFICIAL RECORDS
^+i44:iE COUNTY, CAl:'FORNIX
P•M• MAY 15 1990
Q' C/314#%&ZRECORDER
on
CITY ENGINEER
THIS AMENDMENT NO. 1 TO INDENTURE OF EASEMENT is made and
entered into thisc&day of February 1990, between THE CITY
NEWPORT BEACH, a municipal corporation, hereinafter referre o s
"CITY", and NEWPORT VIA LIDO ASSOCIATES, a California J1incEwtu
partnership, hereinafter referred to as "COMPANY". NAi mumtm
W I T N E S S E T H
teFa+p+
WHEREAS, CITY and COMPANY own adjoining , �
� g parcels of� a' �`�•
property on the easterly side of Newport Boulevard lying between
32nd Street and Via Lido in CITY; and
WHEREAS, Newport Via Lido Associates, a California
limited partnership, has succeeded to the interest of Orange Coast
Developers, a California corporation, as owners of Via Lido Plaza,
the shopping center located on the property adjoining CITY's
property; and
WHEREAS, CITY and COMPANY have previously entered into
an agreement entitled Indenture of Easement, dated November 24,
1976, and recorded as Document No. 3648, Book 11981, Pages 602-611,
on December 1, 1976, (attached hereto as Exhibit "A" and
incorporated by this reference and hereinafter referred to as the
"Indenture"), which provides for grant of right-of-way, parking lot
• modifications and parking space loss; and
WHEREAS, CITY and COMPANY have entered into an Agreement
dated February 1990 to implement and facilitate the widening of
Newport Boulevard, which Agreement provides for certain amendments
to the Indenture of Easement;
NOW, THEREFORE, CITY and COMPANY hereby amend and
supplement said Indenture as follows:
1. Waiver of Parking Spaces. The provisions of
Paragraph 6 of the Indenture which provide that CITY shall
permanently waive eleven (11) parking spaces on the COMPANY
property are hereby modified by substituting the number six (6) as
the number of parking spaces permanently waived by CITY in
1
•
accordance with the provisions set forth in said Paragraph 6,
2, Notice. The addresses which notices may be given in
accordance with the provisions of Paragraph 8 are hereby modified
and restated as follows:
CITY:
City of Newport Beach
3300 West Newport
Blvd.
Newport Beach, rt 92663
COMPANY: Newport Via Lido Associates
c/o Fritz Duda company
Avenue
1940 West orangewood
Suite 207
Orange, CA 92668-2050
With a copy to:
Fritz Duda Company
2225 One Galleria Tower
13355 Noel Road
Dallas, Texas 75240-6603
3
Survival of Indenture. Except as specifically
modified and suppl
emented as set forth herein, all terms and
odified and in full
conditions of the Indenture shall remain unm
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
First Amendment to Indenture of Easement as of the day and year
first above written.
ATTEST:
City Clerk (1
AT EST:
Vice President
CITY OF NEWPORT BEACH
a municipal corporation
By:
Mayor
("CITY")
NEWPORT VIA LIDO ASSOCIATES
a California limited partnership
By: Fritz Duda Company,
a Texas corporation,
Its General Manager
By, �
Donald J. H "w rd
Executive VI
a President
AP?R9�ED AS TO FORM:,t?
¢ity Attorney
2
("COMPANY")
El
STATE OF CALIFORNIA
ss:
COUNTY OF{ORANGE )
On 1990, before me, the undersigned, a
Notary Public in dui for the State, personally appeared Ruthelyn
Plummer, known to me to be the Mayor of the City of Newport Beach
and Wanda E. Raggio, known to me to be the City Clerk of the City
of Newport Beach, known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that
they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY 1. PALEN
NOTARY PUBLIC - CALIFORNIA
• �" ORANGE COUNTY
H My Comm: Expres May 25.1993
CAT. NO. NN00630
TO 21946 CA 0-83)
(Partnership)
STATE OF CAL.
COUNTY OF _
On zzlzll
said State,
Notary Public n and for said State
J TICOR TITLE INSURANCE
0
0 before me, the undersigned, a Notary Public in and for
persop(illy known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as
07•-e-_ of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
^
Signature -6�
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On this1day c
personally appeared ,j
proved to me on the bas
acknowledged that he (she or
OFFICIAL SEAL
EQ::
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIAORANGE COUNTY
Comm. Expires May 25.1993
(This area for official notarial seal)
- crw�iw.ixo.v 19 TV, before me, the undersigned' a Notary Public in and for said County and
• 3fE�w S--JnzlY , personally known to me
of satisfactory evidence to be the person whose name is subscribed to this instrument, and
they) executed it.
Signature
Notary Publta it and for said County and State
My Commission Expires December 17, 1993
OFFICIAL SEAL
ARLENE L BIRON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Dec.17,1993
3
tSEcutiU ll,qu I<L;SZ ulib'i EJ) by hCJU
P [fEiei Rf�CORUED R #>N TO:
orange Coast De'._topers
3650 Cherry Avenue
Post Oefice Box 980
Long Beach, California 90801
-0 gt I i 561 ?r, 602'
RECOROFO IN OFFICIAL RECO?.OS
OF ORANGE COUNN, CA! IFORNIA
�-- C. 22 Bata' 2 P M DEC 2 1975
J. 41YLIE CARLYLE, Caen,CJ Re;.3rd3r
R:'(•...oli:.� ay City of Necl>ort Leach------°i
Space Above This Line for Recorder's Use Only
INDENTURE OF 'EASEMENT ,•t,
THIS AGREEMENT, made and entered into thisG%
11
0
day ofI�9"t�/-t^ �1976,, between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City", and ORANGE COAST DEVELOPERS, a California Corporation,
hereinafter referred to as "Company";
W I T N E S S E T H:
WHEREAS, City and Company own adjoining parcels of
real property on the easterly side of Newport Boulevard lying
between 32nd Street and Via Lido in City; and
WHEREAS, Company maintains a driveway 1:'rorrl its
kk r <
property onto the City Hall access road along the northerly
side of the City owned property, adjacent to and immediately
southerly of Company's property, to gain access to and from
the intersection of Newport Boulevard and Finley Avenue for
vehicles entering and leaving Company's property; and
WHEREAS, said access driveway is maintained under
the terms of an Indenture of Easement between City and
Company dated December 10, 1963; with said Indenture providing
_`or a non-exclusive temporary easement to Company for access
road purposes over a portion of said City Hall access road;
and
WHEREAS, Company desires that said temporary access
easement be made permanent; and
WHEREAS, as a condition of approval of Resubdivision
= 1,Ati
J11 1 q, ►T
.• •
No. 516, approved by Cit,y's Planning Commission on April 1,
1976, Company is required to dedicate for public street and
highway purposes a triangular parcel of right of way over the
southwesterly corner of Company's property adjacent to Newport
Boulevard; and
WHEREAS, the terms of said dedication are to be as
provided for in an agreement between City and Company;
NOW, THEREFORE, the parties agree as follows:
1. Grant of Access Easement. City hereby grants
to Company a non-exclusive easement for ingress and egress to
and from Company's properties, over, above and across the
following described property owned by City:
That portion of Section 28, Township 6,
• South, Range 10 West, S.B.B. & M., in
the City of Newport Beach, County of
Orange, State of California, described as:
The westerly 180 feet of the northerly
50 feet of that certain parcel of land
described in a quitclaim deed to the
City of Newport Beach recorded in Book
1011, Page .379 of the Official Records
of said Orange County.
Excepting therefrom that portion of
Parcel 2 as described in a deed recorded
in Book 1741, Page 174 of said Official
Records which lies within the parcel first
described above.
The use of said easement shall include (but not by
way of limitation) the free and unobstructed use by public,
patrons, guests, business invitees, employees and agents
(including the public patrons, guests, business invitees,
• employees and agents of Company's tenants, subtenants and assigns)
over, upon and across such easement area granted hereby. Said
easement is shown on a drawing of the Public Works Department
of City dated August 10, 1976, narked Exhibit "A" and attached
hereto and by this reference incorporated herein.
City reserves the right to dedicate and/or otherwise
utilize all or a portion of said easement for public street
and highway purposes:
FA
0
2. Maintenance of Driveway. --vewaY• Company
p 1 shall maintain
the landscaping and the curbs, paving and other roadway
improvements in a safe.condition in the driveway entrance area
(situated on Company's property) connecting Company's property
to said City Hall access road.
3. Additional Improvements. If, as a result of
providing this access easement and allowing the driveway as
herein provided, traffic congestion occurs on said City Hall
access road, Company agrees, upon written notice from City
that such congestion has occurred, to reconstruct and widen
the curbs, pavement, street lighting, and all other improvements.
on the easement area in accordance with plans and specifications
approved by the Public Works Director of City as necessary to
relieve said congestion. Company agrees to reconstruct needed
improvements on its property adjacent to the easement area,
as may be determined to be necessary by City to relieve such
congestion, provided that no such reconstruction shall be'required
which will result in a reduction of available on -site automobile
parking spaces on Company's property adjacent to said easement.•
It is further agreed that should any widening of the easement
area be necessary, City shall consider the widening, of said
easement area over and across City's property adjacent and
.southerly of said easement area. To the extent such improvements
or expansion 'requires a modification of the legal description
set forth herein, an amendment to this Indenture shall thereupon
be made and recorded. The decision as to the congestion and
the cause of it and the necessity for said improvement shall be
wholly in the reasonable discretion of City and, upon a determina-
tion that such improvements are necessary, Company agrees to
Prepare plans and specifications and commence construction. thereof
within ninety (90) days after notice in writing from City of
the determination of the necessity for said construction.
• 4. Maintenance of Access Basement. City and Company
agree to share equally the cost of major maintenance (exclud-
ing sweeping, striping, seal coating, and resurfacing which
shall be at City's expense) of the portion of the City Hall
access road covered by the access easement. Company'shall
promptly pay its share of such costs to City upon billing by
City.
5. Indemnification. Company agrees to indemnify and
hold City and, its officers and employees in the conduct of
their office or the course of their employment harmless from
all demands, claims and liability for damages arising from
injury or death to persons or damage to property which occurs
• or is alleged to have occurred on or adjacent to the easement
area as a result, in whole or in part, of the design, upkeep ✓
or maintenance of the improvements thereon (only to the extent
Company is responsible for such design, upkeep or maintenance)
or -which arises out of or is in any way related to the use
thereof by Company, its lessee or lessees, or the invitees or
patrons of said Company or said lessee or lessees. This
indemnity shall not extend to the acts or omissions by or of
City,•its officers, agents and employees.
6. Grant of Right of Way. Company agrees to convey
to City by grant deed, concurrently with the execution of this
document, an easement for public street and highway purposes
• over a triangular parcel of land at the southwesterly corner"
of Company's property adjacent to Newport Boulevard. Said
easement is described in the attached legal description marked
Exhibit "B" and attached hereto and by this reference incorporated
herein and shown on attached plat, marked Exhibit "C", attached
hereto for illustrative purposes only.
It is mutually agreed that Company's existing improve-
ments (consisting of decorative wall, sign, landscaping and
• parking lot improvements) may remain within the area of said
easement until the area is needed for street widening. Upon
notice by City that said area is needed for street widening,
Company agrees to promptly .remove any of its improvements
which it wishes to salvage and to rearrange its parking lot
improvements as'necessary to accommodate the street widening,
at its cost, provided, City shall be responsible for
constructing all public improvements in conjunction with the
street widening.
City and Company acknowledge that such street
widening will eliminate approximately eleven (11) parking
spaces on Company's property. City, in consideration of such
grant, shall take fully into consideration such parking loss
• in connection with any applications for subdivision, resub-
division, building permits or other applications of Company
or any of Company's lessees; tenants, or assigns relating to
the ownership or use of Company's property and, for the
purpose of City's parking requirements, City shall treat such
'applications as if such parking loss had not occurred and
City shall consider said parking spaces, lost hereunder, as
permanently waived.
7. Recordation. This indenture shall be recorded,
shall run with the land, and shall be binding on the
successors in interest of the parties.
8. Notice. All notices which may be given hereunder
• shall be in writing and, if 'given to City, may be given
personally to the Mayor, City Manager or City Clerk of City
or may be mailed by first class mail with postage prepaid to
3300 W. Newport Boulevard, Newport Beach, California 92663,
and, if given to Company, may be given personally to an
officer of Company or may be mailed by first class mail with
-5-
v
0
•
SPATE OF CALIFORNIA )
) SS
County of Orange )
0
On 1976 before me, the
undersigned, a Notary Public in for said State, personally
and
wn to me to be the
appeared kno
Mayor, and executed the known to me to be the
City Clerk of the municipal corporation that 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 pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIF'ORNIA
SS
County of Los Angeles)
On November 17 1976, before me, the
otar Public in and for said State, personally
undersigned, a Ny known to me to be the
appeared Edwin T AAiZP known
Executive Vice President, and Robert D. T�vtle
to me to be Secretary of the corporation that
executed the within Instrument, known to me to be the persons
who executed the within Instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
• j�nnnrum,mn.�armnr�nnmm�nvnm• OFFICIAL
S mnnnnirrnrnnm,]
cQ
OFFICIAL SEAL
ELENA G. NUNF.Z
�NOTARY PUU�.IC CALtFORNIAPRINCIPAL OFFICE IN
L0, ANoCLFS GOUT Y '-
61y Gom:r.i5•.icn F.allires .Tune 16, 1979
STATE OF CALIFORNIA)
) s s :
COUN'Cy OP ORANGE )
Notary Publl— cin ana •dr. salcF St.at
On 1976, before Inc, the un(jersigned,
tnallY
red
a Notary Pub 7.ic in and'for s};('d`Snlmcc,iLscrsosubscr.ilcdpto,the wii:}1i.1
instrlimrnt and acknowledgcd that executed l:hc same.
WITNESS my hand and of F.i.ci.al seal.
Notary Fklm is iii iliid for said Sta tt
� 0
•
1
postage prepaid to 3650 Cherry Avenue, Long Beach, California.
Either party may give written notice to the other of a
different address to which notice by mail should be sent.
.IN WITNESS WHEREOF, the parties hereto have executed
this Indenture of Easement as of the day and year first above
written.
CITY OF NEWPORT BEACH, a
Municipal Corporation
i
By 1
or
ATTEST:
ORANGE COAST DEVELOPERS, a
California Corporation
BY
Executive Vice President r
ATTEST:
This is to certify that the interest in real property conveyed by the
deed or grant dated November 17, 1976 from
ORANGE COAST DEVELOPERS, a Corporation
to the City of Newport Beach, a municipal corporation, is hereby accepted
by the City Manager on the SOth day of November
19 76 ,.and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: November 30, 1976
Authorized by Council Resolution No. 6773
ROBERT L. WYNN, City Manager
IJ
•
' . Pile{i•EL 2 !i'3? -
Ajo
:...........................................
I Pq.�CEL PEA .cxrsrr.•rc,'�l •
Pi/F�CEG PE;? --
OR /0///979
S�2 %!A
-Cl Ty OF f\J'PxjAIPC)RT BEEACH'
PUBLIC t,%16-ZKS DEPARTMENT`
EXHIBIT "A"
1
rl
1
1
�FOPMc`f.�GY THE f/UIJSON%
109
APPROVED /✓' /
��= •�• PUBLIC WORKS ViRi.CYor{
R Ir tao. !zeo
DRAWING No. r'��jf'-
• A parcel of land being a portion of Lnt 3 of
TracL 1117 as sho;vn on a map recorded in
Boor 35, Page 48 of Miscellaneous fdalls,
Records of Orange County, and a portion of
Section 28, Township 6 SOuY,h, Range 10 I'lest
of the San Bernardino Meridian, more
particularly described as follows:
Beginning at the centerline intersection of
Central Avenue and Via Lido as shown on a
map of Tract 1117 as recorded in [loot: 35,
Page 48 of Miscellaneous flaps, Records of
Orange County, thence South 22059'00" West
a distance of 197.15 feet along the center-
line of said Central Avenue, thence South
67001100" East 30,00 feet to a point on a
curve, a radial line from said point bears
North 76109124" West, said point being the
beginning of said curve and the True Point
of Beginning: thence southeasterly along
said curve'a distance of 279.25 feet, said
curve having a central angle of 5048128"
and a radilrs of 2754.93 feet, said curve
also being the easterly right of way of
Central Avenue and Newport Boulevard as
• both are shown on the aforementioned map
of Tract 1117, thence North 89015'30" East
a distance of 46.89 feet, along the southerly
line of Parcel 2 as recorded in Boot-, 1741,
Page 174, Records of Orange County, to a
point of cusp with a tangent curve, said
curve having a central angle of 95027135" and
a radius of 15.00 feet, thence westerly,
northwesterly and northerly along said curve
a distance of 24,99 feet to a point of
tangency with a line, thence North 4043'05"
East along said line a distance of 258.10
feet to the True Point of Beginning,
EXHIBIT "B"
•
l%Y. C//%/.//'✓F CG7✓r,PA/_
A/VO )✓f'Nrpnkr /.?/ V/>.
CITY OF J. V�1POIR 1
`✓.rnt Yn ���'r9I. E
! r
•
THIS AGREEMENT, made and entered into this o�2
day of 1990, by and between
NEWPORT VIA LIDO ASSOCIATE' , a California Limited Partnership,
hereinafter referred to as "COMPANY", and the CITY OF NEWPORT
BEACH, a Municipal Corporation, organized and existing under and by
virtue of its Charter and the Constitution and the laws of the
State of California, hereinafter referred to as "CITY";
W I T N E S S E T H:
WHEREAS, CITY and COMPANY own adjoining parcels of real
property on the easterly side of Newport Boulevard lying between
32nd Street and Via Lido in CITY; and
WHEREAS, Newport Via Lido Associates, a California
limited partnership, has succeeded to the interest of orange Coast
Developers, a California corporation, as owners of Via Lido Plaza,
the shopping center located on the property adjoining City's
property; and
WHEREAS, CITY and COMPANY have previously entered into an
agreement entitled Indenture of Easement, dated November 24, 1976,
and recorded as Document No. 3648, Book 11981, Pages 602-611, on
December 1, 1976, (attached hereto as Exhibit "A" and incorporated
herein) which provides for grant of right-of-way, parking lot
modifications and parking space loss; and
WHEREAS, CITY has a project to widen the easterly side of
Newport Boulevard from 32nd Street to Coast Highway hereinafter
referred to as PROJECT; and
WHEREAS, PROJECT will utilize rights -of -way dedicated to
CITY by "Exhibit All, hereinafter referred to as "DEDICATION AREA",
and will require both COMPANY and CITY to make modifications to the
existing parking area adjacent to PROJECT; and
1
P
•
WHEREAS, the California Coastal Commission has required
CITY to replace on a one for one basis those parking spaces deleted
by PROJECT and CITY desires to find locations for replacement
parking that are not in
front of
City
Hall,
and;
WHEREAS, the
westerly
Via
Lido
Parking Lot can be
reconstructed to provide additional parking spaces and a landscape
strip next to PROJECT for a cost estimated to range from $70,000 to
$90,000, and;
WHEREAS, CITY and COMPANY desire to cooperate in an
improvement program which provides more parking availability to
COMPANY and also helps to satisfy CITYIS obligation to provide
replacement parking in conjunction with the construction of
PROJECT;
NOW, THEREFORE, CITY and COMPANY agrees as follows:
A. CITY AGREES to:
1. Contribute fifty percent (50%) of the design and
construction costs, up to a maximum of $45,000, to reconstruct the
westerly Via Lido Plaza parking lot to replace 11 parking spaces
lost through the dedication of DEDICATION AREA and in consideration
of this contribution rescind the waiver of 5 parking spaces
provided for in Paragraph 6 of Exhibit "A".
2. Provide survey stakes for the line and grade of back
of sidewalk for project in a timely manner after notification by
COMPANY that the staking is needed for the parking lot
reconstruction.
3. Allow the relocation of the existing pylon sign or
. the installation of a new pylon sign provided the new sign is the
same height or lower than the existing sign and has similar areas
of signage and is installed so that it meets current building
standards and zoning codes. The sign may be installed in the new
8 foot landscaped area in a location that does not block vehicular
sight distance from Finley Street or the Newport Boulevard driveway
entrance/exit.
2
• 4. Relocate approximately 10 palm trees into the 8 foot
landscaped area between PROJECT and the reconstructed parking lot.
The location of palm trees within the landscape strip is to be
determined by COMPANY.
5. Permit additional building signage identifying
Pavilions Place in the two locations shown on Exhibit "B" and
B. COMPANY AGREES to:
1. Reconstruct the Via Lido Plaza westerly parking lot
in conformance with CITY standards and permitting procedures to
provide a new design that replaces the eleven (11) or more parking
spaces lost by the right-of-way dedication in Exhibit "A", and to
pay for 50% of the contract design and construction costs. If the
total reconstruction costs, including design, is more than $90,000,
COMPANY will pay for those amounts in excess of the CITY's $45,000
share.
2. Amend Exhibit "A" to reduce the number of waived
parking spaces from eleven (11) to six (6).
3. Remove by March 15, 1990, unless otherwise approved
by the Public Works Department, the pylon sign and any other
salvageable improvements within the DEDICATION AREA and to grade
and prepare the eight (8) foot wide landscaped strip next to
DEDICATION AREA so that CITY can relocate the aforementioned palm
trees into locations designated by COMPANY. The westerly edge of
landscape strip is to be graded to conform to the line and grade of
the back of sidewalk for PROJECT as provided by CITY.
• 4. Complete the westerly parking lot reconstruction by
June 1, 1990.
5. Take out of service, leave vacant and not allow to be
used approximately 3238 square feet of mezzanine area for Building
"A" (Pavilions Place) shown on Exhibit "C" as the cross -hatched
area.
C. CITY and COMPANY mutually agree to:
1. Retain a consultant that specializes in the design
of parking structures to evaluate the feasibility of constructing
K
I, •
• a parking structure on the easterly side of both the CITY's and the
COMPANY's property. Said structure could be jointly used by CITY
and COMPANY to provide additional parking for expanded uses on each
property. The cost of the study is to be equally shared.
2. Evaluate the outcome of the feasibility study and
consider an implementation program.
3. Execute an amendment to Exhibit "A" providing for a
change in the parking waiver from (11) to (6) the remaining terms
and provisions of Exhibit "A" shall remain unmodified and in full
force and effect.
4. Confirm, for the purposes of determining current
parking count compliance and for acting on any future applications
• for subdivision, re -subdivision, building permits, variances, use
Permits, or other applications of COMPANY's or any of COMPANY's
lessees, tenants, or assigns relating to the ownership or use of
COMPANY's property, that a total of two hundred eight -seven (287)
parking spaces are required for the current uses in the Via Lido
Plaza complex. This total parking space count reflects six (6)
spaces waived by the CITY as described in paragraphs A.l., B.2. and
C.3., and a thirteen (13) parking space reduction for Building 11A"
(Pavilions Place) due to the reduced square footage described in
Paragraph B.5. If any portion of the area described in Paragrag
B.5. is put back in service or if the Via Lido Plaza building are/as
are increased or decreased in size or interior and exterior uses
are changed, the total parking requirement will be adjusted in
accordance with the current City requirements, policies and codes.
•
S. Mutually approve plans and bids received for the
westerly parking lot reconstruction prior to the start of
construction. COMPANY shall submit to CITY invoices for CITY's
share of work completed on a monthly basis and CITY shall reimburse
COMPANY within 30 days of receipt of invoice.
lk
0
IN WITNESS WHEREOF, the parties here have executed this
AGREEMENT as of the day and year first above written.
ATTEST:
,,�
City Clerk
AT ST:
Vice President
APPrOVED AS TO FORM: •�
Cfty`Attorney —
CITY OF NEWPORT BEACH
a municipal corporation
By:
—d)A1- Aow��
Mayor
("CITY")
NEWPORT VIA LIDO ASSOCIATES
a California limited partnership
By: Fritz Duda Company,
a Texas corporation,
Its General Manager
By. Donald J. Howrj� g /
Executive ViCe'President
("COMPANY")
R:�CUIIL)ING i(GQUESTED BY AND
h:(1(ici RECORDED RE0N TO:
Orailgc Coast Ua✓elopers
3650 Cherry Avenue
Post Office Box 980
Long Beach, California 90801
nI 1981?r, 602
RcCOIDW IN OFFICIAL R:^O.;CS
OF ORAi`IG�_ COUNTY, CALIFORNIA
30 Poot, 2 a M DEC 2 1976
I. WYLIE CARLY(F, Couety rv.) 'ar
(?:-G7. ar:: • 3,, City of Newport Beach -- — —_�
/ Space Above This Line or Recorder's Use Only .. „
� i ram+ "��'4� ' .�Ci'✓ /�-1 (/yG ✓.1 '
INDENTURE OF EASEMENT ;r
•
THIS AGREEMENT, made and entered into this�4�4
day of 1976, between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City", and ORANGE COAST DEVr•.LOPL•RS, a California Corporation,
hereinafter referred to as "Company";
W I T N E S. S E T H:
WHEREAS, City and Company own adjoining parcels of
real property on the easterly side of Newport Boulevard lying
between 32nd Street and Via Lido in City; and
WHEREAS, Company maintains a driveway ,from its
Property onto the City Hall access road along the northerly
side of the City owned property, adjacent to and immediately
southerly of Company's property, to gain access to and from
the intersection of Newport Boulevard and Finley Avenue for
vehicles entering and leaving Company's property; and
WHEREAS, said access driveway is maintained under
the terms of an Indenture of Easement between City and
Company dated December 10, 1963; with said Indenture providing
for a non-exclusive temporary easement to Company for access
road purposes over a portion of said City Hall access road;
and
WHEREAS, Company desires that said temporary access
easement be made permanent; and
WHEREAS, as a condition of approval of Resubdivision
�� I a I r
• No. 5*16, approved by City's Planning Commission on April 1,
1976, Company is required to dedicate for public street and
highway purposes a triangular parcel of right of way over the
southwesterly corner of Company's property adjacent to Newport
Boulevard; and
WHEREAS, the terms of said dedication are to be as
provided for in an agreement between City and Company;
NOW, THEREFORE, the parties agree as follows:
1. Grant of Access Easement. City hereby grants
to Company a non-exclusive easement for ingress and egress to
and from Company's properties, over, above and across the
following described property owned by City:
That portion of Section 28, Township 6,
South, Range 10 West, S.B.B. & M., in
the City of Newport Beach, County of
Orange, State of California, described as:
The westerly 180 feet of the northerly
50 feet of that certain parcel of land
described in a quitclaim deed to the
City of Newport Beach recorded in Book
1011, Page.379 of the Official Records
of said Orange County.
Excepting therefrom that portion of
Parcel 2 as described in a deed recorded
in Book 1741, Page 174 of said Official
Records which lies within the parcel first
described above.
The use of said easement shall include (but not by
way of limitation) the free and unobstructed use by public
patrons, guests, business invitees, employees and agents
(including the public patrons, guests, business invitees,
employees and agents of Company's tenants, subtenants and assigns)
over, upon and across such easement area granted hereby. Said
easement is shown on a drawing of the Public Works Department
of City dated August 10, 1976, marked Exhibit: "A" and attached
hereto and by this reference incorporated herein.
City reserves the right to dedicate and/or otherwise
utilize all or a portion of said easement• for public street
and highway purposes.
• 0
•
2, Maintenance of Driveway. Company shall maintain
the landscaping and the curbs, paving and other roadway
improvements in a safe condition in the driveway entrance area
(situated on Company's property) connecting Company's property
to said City Hall access road.
3. Additional Improvements. If, as a result of
providing this access easement and allowing the driveway as
herein provided, traffic congestion occurs on said City Hall
access road, Company agrees, upon written notice from City
that such congestion has occurred, to reconstruct and widen
the curbs, pavement, street lighting, and all other improvements
on the easement area in accordance with plans and specifications
approved by the Public works Director of City as necessary to
relieve said congestion. Company agrees to reconstruct needed
improvements on its property adjacent to the easement area, -
as may be determined to be necessary by City to relieve such
congestion, provided that no such reconstruction shall. be required
which will result in a reduction of available on -site automobile
parking spaces on Company's property adjacent to said easement.
It is further agreed that should any widening of the easement
area be necessary, City shall consider the widenin, of said
easement area over and across City's property adjacent and
southerly of said easement area. To the extent such improvements
or expansion requires a modification of the legal description
set forth herein, an amendment to this Indenture shall thereupon
be made and recorded. The decision as to the congestion and
the cause of it and the necessity for said improvement shall be
wholly in the reasonable discretion of City and, upon a determina-
tion that such improvements are necessary, Company agrees to
prepare plans and specifications and commence construction. thereof
within ninety (90) days after notice in writing from City of
the determination of the necessity for said construction.
-3-
•
•
4. Maintenance of Access Easement
City and Company
agree to share equally the cost of major maintenance (exclud-
ing sweeping, striping, seal coating, and resurfacing which
shall be at City's expense) of the portion of the City Hall
access road covered by the access easement. Company shall
promptly pay its share of such costs to City upon billing by
City.
5. Indemnification. Company agrees to indemnify and
hold City and its officers and employees in the conduct of
their office or the course of their employment harmless from
all demands, claims and liability for damages arising from
injury or death to persons or damage to property which occurs
or is alleged to have occurred on or adjacent to the easement
area as a result, in whole or in part, of the design, upkeep ✓
or maintenance of the improvements thereon (only to the extent
Company is responsible for such design, upkeep or maintenance)
or which arises out of or is in any way related to the use
thereof by Company, its lessee or lessees, or the invitees or
patrons of said Company or said lessee or lessees. This
indemnity shall not extend to the acts or omissions by or of
City,*its officers, agents and employees.
6. Grant of Right of way. Company agrees to convey
to City by grant deed, concurrently with the execution of this
document, an easement for public street and highway purposes
over a triangular parcel of land at the southwesterly corner'
of Company's property adjacent to Newport Boulevard. Said
easement is described in the attached legal description marked
Exhibit "B" and attached hereto rind by this reference incorporated
herein and shown on attached plat, marked Exhibit "C", attached
hereto for illustrative purposes only.
It is mutually agreed that Company's existing improve-
ments (consisting of decorative wall, sign, landscaping and
-4-
0
� 0
11
parking lot improvements) may remain within the area of said
easement until the area is needed for street widening. Upon
notice by City that said area is needed for street widening,
Company agrees to promptly .remove any of its improvements
which it wishes to salvage and to rearrange its parking lot
improvements as necessary to accommodate the street widening,
at its cost, provided, City shall be responsible for
constructing all public improvements in conjunction with the
street widening.
City and Company acknowledge that such street
widening will eliminate approximately eleven (11) parking
spaces on Company's property. City, in consideration of such
grant, shall take fully into consideration such parking loss
in connection with any applications for subdivision, resub-
division, building permits or other applications of Company
or any of Company's lessees; tenants, or assigns -relating to
the ownership or use of Company's property and, for the
purpose of City's parking requirements, City shall treat such
applications as if such parking loss had not occurred and
City shall consider said parking spaces, lost hereunder, as
permanently waived.
7. Recordation. This indenture shall be recorded,
shall run with the land, and shall be binding on the
successors in interest of the parties.
8. Notice. All notices which may be given hereunder
shall be in writing and, if given to City, may be given
personally to the Mayor, City Manager or City Clerk of City
or may be mailed by first class mail with postage prepaid to
3300 W. Newport Boulevard, Newport Beach, California 92663,
and, if given to Company, may be given personally to an
officer of Company or may be mailed by first class mail with
-5-
•
•
I
postage prepaid to 3650 Cherry Avenue, Long Beach, California.
Either party may give written notice to the other of a
different address to which notice by mail should be sent.
.IN WITNESS WHEREOF, the parties hereto have executed
this Indenture of Easement as of the day and year first above
written.
CITY OF NEWPORT BEACH, a
Municipal Corporation
By
or
ATTEST:
ORANGE: COAST DEVELOPERS, a
California CCoor�poration
By /ii
Executive Vice Preszdhn.t r `�
ATTEST:
This is to certify that the interest in real property conveyed by the
deed or grant dated November 17, 1976
ORANGE COAST DEVELOPERS, a Corporation
from
to the City of Newport Beach, a municipal corporation, is hereby accepted
by the City Manager on the _ 30th day of November
19 76 , and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: November 30, 1976
Authorized by Council Resolution No. 6773
ROBERT L. WYNN, City Manager
0
STATE OF CALIFORNIA
SS
CounL•y of Orange
On , 1976 before me, the
undersigned, a Notary Public in and for said State, personally
appeared __ _ known to me to be the
Mayor, and , 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 pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF.CALIFORNIA )
) SS
County of Los Angeles)
On November 17 , 1976, before me, the
undersigned, a Notary Public in and for said State, personally
appeared _ Edwin J MLQgQ , known to me to be the
Executive Vice President, and Robert D. i tle known
to me to be Secretary of the corporation that
executed the within Instrument, known to me to be the persons
who executed the within Instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
1:111•INII'lll'rr'•1"III :T.IMIVI!11111•Iltl�••1'•
ICIApinnlpnl^rnl'1.'1'IRIInnnJ
OFF ICtg I SEAL
,*
ELENA G. NUNEZ
1
NOTARY PUOUC CALIFORNIA E
} �•ja„y
PRIt1Cl?.11. OFFICE IN
'•'•>'
.: I�Y C'nLt.:. ,.:.Io
L^ ANCUrs COUNTY t
FzpirCs.l�ne ]8, ]979
STATE 01"
CALIFORNIA)
) ss:
COUNTY 017
ORANGE )
C �
Notary Publz,c n a_T d-1� ssaiTBtate
On , 1976, before me, thu undersigned,
a Notary Public 11 and for said SLa•Lc,, personally appeared
wlio sc name is subscribed to the wii:hi.rl
instriirnrnt and ac}cnowledgcd that cxecut:ad Lhc: samo.
WITNESS my hand and of.F.ici.al seal.
N�t.iry F'uLJ is 311 and for siiid :>t%Its
•
P/J.gCIL i :S:C
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..............
u [.
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CITY 01 �1 B�,J.�\ '
PUBLIC /6.-RKS DEPARTMENIT�
> >r
EXHIBIT "A"
�FOl2MEI.'[.Y T:/E /JtIDSONJ
TO :iC�I Lt
Ass 7.' PUBLIC Wo.q s ):)F;F.C70it
DRAWIND i)D.
•
A parcel of land heing a portion of i.nt 3 of
TracL 1117 as shorn on a crap recorded in
Cool: 35, Pagc 48) of I.isce11aneou.; iiap,,
Records of Oran,c•c County, and a port•iun of
Section 28. To;•;nsh•ip 6 South, Ranger 10 !?est
of the S.an Bernardino lier•id•ian, more
particularly described as follows:
Beginning at the centerline: inter,ection of
Central Avenue and Via Lido as shown on a
map of Tract 1117 as recorded in Book 35,
Page 48 of 1.1isce11aneous Maps, Records of
Orange County, thence South 22059'00" West
a distance of 197.15 feet along the center-
line of said Central Avenue, thence South
67001100" East 30,00 feet to a point on a
curve, a radial line from said point bears
North 76009'24" West, said point being the
beginning of said curve and the True Po-int
of Beginning: thence southeasterly along
said curve a distance of 279.25 feet, said
curve having a central angle of 5048128"
and a radius of 2754.93 feet, said curve
also being the easterly'right of way of
Central Avenue and Newport Boulevard as
both are shown on the aforementioned map
of Tract 1117, thence North 890151301, East
a distance of 46,89 feet, along the southerly
line of Parcel 2 as recorded in Book 1741,
Page 174, Records of Orange County, to a
point of cusp with a tangent curve, said
curve having a central angle of 95027'35" and
a radius of 15.00 feet, thence westerly,
northwesterly and northerly along said curve
a distance of 24.99 feet to a point of
tangency with a line, 'thence North 4043'05"
East along said line a distance of 258.10
feet to the True Point of Beginning,
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SENT BY:LAYMAN JON�ESS DYE t 4-26-95 ;10:20AM
RECORDING REQUESTED AND
WEEK RECORDED RETURN TOt
PLANNING DEPARTMENT
CITY Or NEWPORT BEACH
3300 Newport Boulevard
Nawport Basch, CA 926594110
7142616666y 714 723 1141;# 2
THE ORIGINAL OF THIS DOCUMENT
VAS RECORDED ON 04107!rS,
DOCUMENT NUMB'R aS-0147413. ,
GART L. 6PAY'V'ILLt.
ORANOE COUNT'r ILERA-RECORDER1 OFFRDERIrE
OPT -BITE PARKING AGREEMENT
(503 32nd Street, Newport Beach, California)
This Agreement is made and entered into as of the day of
, 1993, by and between NEWPORT VIA LIDO ASSOCIATES, a
Cal f nia limited partnership '("NVLA"), 503 LIDO PARTNERS, LTD.,
a Ca fornia Limited Partnership (11503 Lido"), and the CITY OF
NEWPORT BEACH, a municipal corporation (the "City").
RECITALS
A. Earl G. sawyer and Eleanor B. Sawyer (collectively,
"Sawyer"), Griffith Company ("Griffith") and City have previously
entered into that certain Off -Street Parking Agreement (the
"Original Off -Street Parking Agreement") dated as of March 5, 1968,
which Original off -Street Parking Agreement was recorded in the
official Records of Orange County on March 13, 1968, in Book $541,
Pages 383-387.
B. 503 Lido is the successor in interest to Sawyer under the
Original Off -Street Parking Agreement.
C. NVLA is the successor in interest to Griffith under the
Original Off -Street Parking Agreement.,
D. 503 Lido is the owner of that certain real property
located in the City of Newport Beach, County of Orange, State of
California, and more particularly described on Exhibit A attached
hereto and incorporated herein by this reference (the "503 Lido
Property"). An office building (the 11503 Building") is presently
located on the 503 Lido Property.
E. NVLA is the owner of that certain real property located
in the City of Newport Beach, County, of Orange, State of
Californiae-,and more particularly described on Exhibit B attached
hereto and incorporated herein by this. reference (the "NVLA
Property") .
F. Under the provisions of the 1954 Newport Beach Municipal
Code, the 503 Building was required to provide 12 parking spaces.
G. Due to changed circumstances, the Original Off-Stroat
-l.
. . ,. ...... �.
SENT BY:LAYMAN JONES & DYE ; 4-26-95 ;10:20AM ; 7142618666-+ 714 723 1141;# 3
•
Parking Agreement was entered into to provide sufficient parking
spaces to meet the' City's subsequent zoning requirements by
establishing a parking easement on the NVLA property for the non-
exclusive use of 24 parking spaces. The use of the 24 parking
spaces was restricted to customers and business invitees.
H. NVLA and 503 Lido have entered into that certain "First
Amended and Restated Off -Street Parking Agreement" which amends the
Original Off -Street Parking Agreement. A recordable Memorandum of
First;Amended and Restated Parking Agreement is attached hereto as
Exhibit C and included herein by this reference.
1. 503 Lido, NVLA and City now desire to enter into this
Agreement to provide for, among other things: (i) the reduction in
the number of parking spaces on the NVLA Property which the 503
Building is entitled to use from twenty (24) non-exclusive parking
spaces to twelve (12) non-exclusive parking spaces (the 1112
Spaces"); (ii) the requirement that NVLA obtain the consent of the
City if it desires to relocate the 12 Spaces from the "Easterly
Parking Area" as permitted by the "First Amended and Restated off -
Street Parking Agreement; and, (iii) allowing the 12 Spaces to be
used by the owner, lessees, tenants, and occupants of the 503-
Building."
J. The Planning Commission of the City of Newport Beach on
April 21, 1994, recommended to the city council that'an Off -Street
Parking Agreement be approved, which will ensure that 12 off-street
Automobile Parking Spaces will be provided for the benefit of the
503 Lido Property, within the '%Easterly Parking Area" of the NVLA
Property as shown on Exhibit D attached hereto and incorporated by
reference.
K. The City Council approved the Amended Off-street Parking
Agreement on oi3 �, 199S, finding the Agreement in accord
with Section 0.33.060 of the Newport Beach Municipal Code, in that
(i) the Easterly Parking Area is located so as to be useful with
the us• of -the 503 Lido Property, (ii) parking within the Easterly
Parking Area will not create undue traffic hazards in the
surrounding area, and (iii) the Agreement creates an easement of a
duration adequate to serve the current ukes of the 503 Building.
NOW THEREFORE, in consideration of the foregoing, it is agreed
by and -between the parties to this Agreement as follows:
1. NVLA agrees to grant to 503 Lido a perpetual, non-
exclusive easement (the "Parking Easement") to 503 Lido, as owner
of 503 Lido Property, as A non-exclusive easement appurtenant to
the 503 Lido Property, for the parking of up to 12 automobiles on
the NVLA Property, on a first come, first served basis. NVL&
furthat agrees that it will provide the 12 spaces solely within the
-2-
BY:LAYMAN JONES & DYE ; 4-26-95 ;10;21AM ;
714 723 11410# 4
Easterly Parking Area of the NVLA property and will not relocate
any of the 12 spaces to any location outside the Easterly Parking
Area without approval of the City Council of an amendment to this
Agree ent. NVLA shall not be required to obtain the consent of 503
Lido in the event of a relocation of the 12 spaces so long as such
relocation complies With the terms of the "First Amended and
Restated Off -Street Parking Agreement," and NVLA performs its
oblig*tions with respect to such relocation as set forth in the
"First Amended and Restated Off -Street Parking Agreement."
2. The Parking Easement may be exercised by the owners,
lessees, tenants, or occupants of the $03 Building, and their
clients, customers, or invitees.
3. The provisions of the "First Amended and Restated Off-
street� Parking Agreement, or any subsequent agreement between, or
aeti*4 of NVLA and $03 Lido, shall not operate in any way to
conflict with, diminish, reduce, or eliminate NVLA's Agreement to
provide the 12 Spaces within the Easterly Parking Area for the 503
Lido Oroperty without further amendment of this Agreement approved
by the City Council of the City of Newport Beach.
4. The City hereby approves the Amendment of the Original
Off -Street Parking Agreement by the "First Amended and Restated
Off -Street Parking Agreement" subject to the terms and conditions
of this Agreement.
S. This Agreement shall run with the property described
above and shall bind the heirs, successor*, and interests and -
assigns of the parties hereto, and shall be recorded in the Office
of the County Recorder, of the County of Orange, State of
California.
=N WITNESS WHEREOF, the parties have caused this Agreement to
be made and executed the day first above written.
CITY OF NEWPORT BEACH
By:
John W. Hedges, Mayor
-3-
SENT BMAYMAN JONES & DYE
1 4-26-95 710:22AM
•
7142618666+
•
714 723 1141t# 5
ATTESTED:
i
APPROVED AS TO FORM:
Dated:_, 1994
..A
Dated: ti 3 , 1994
503 LIDO
-4 /,
-- •---r- .------•---------- - .. . rt--�rrmrT-p,
SENT BY
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
nppearea��etopersonally knoWII to me (or proved to me on
the basis Of satisfactory deace) to be a petsoa(s) whose name(s)srjare subscribed to
the within instrument and acknowledged to me that he#ba/they executed the
same inh4fl*tbeir authorized capacity(ies), and that by-itstAwP their signature(s) on the
insum#ient the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
L"'. / iJ-GC.L�a��
Notar?s Signature
STATA OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
On before me, personally
appeared personally ]mown to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Notar)4 Signature
vlanwas\�1t«a�\,urcta�
1141;# 7
State of California
County of
ti
On _',•� ��; <�.a , 1994, before me,_ /<411JEe`/t
Uneen name of notary)
notary public in and for said State, personally appeared
L211-4 personally known to me (or
proved to me on the b0tsis of satisfactory evidence) to be the
petion(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/sho/they executed the same in
his/h�r/their authorized capacity(ies), and that by his/her/their
signs ure(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
CAPACITY CLAMED BY sIGNBRt
[ ] Individuals) ( ] Attorney -In -Fact
Cu-f Partner(s) [ } Subscribing Witness
[ ] Trustes(s) [ J Guardian/Conservator
[ ] Corporate [ ] Other:
officers)
Tit— le(s)
SIGNER is RSPREBENTING.,
Name of Person(s) or Entity(ies): 503 Lido Partners, LTD.,' a
California limited partnership.
•
:10:23AM : 7142618666- 714 723 1141
•
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) at.
on teSr , 199J., before me, the undersigned, a
Notary Public in and or said County and State, personally appeared
(� personally known to me;
❑ proved to me.on the basis of satisfactory evidence,
to be the persons) whose names) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in 'his/her/their authorized capacity(ies), and that by
his/her/their signatures) on the instrument the person (s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
1
�R
'''n7•i o
Ve
Legal Description of $03 Lido Property
LOT 6, TRACT 1117, AS RECORDED IN BOOK 35, PAGE 48 OF
MISCELLANEOUS MAPS OF THE RECORDS OF ORANOE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
•-s
Exhibit A - Page 1
SENT BY:LAYMAN JONES & DYE 4-26-95 ;10:24AM 7142618885-+ 714 723 1141;#10
Exhibit a
Legal Deaeription Of NVLA Property
PARCEL It
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL NAP FILED IN BOOK &S PAGES 1 AND 2 OF PARCEL NAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP. 6, SOUTH, R71NGE SO REST, S.B.B. 8 M.,'IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:
THE WESTERLY 180 FEET OF THE NORTHERLY SO FEET OF THAT CERTAIN PARCEL OF LAWD
DESCRIBED IN A QUITCLAIM DEED TO TIM CITY OF NEWPORT BEACH RECORDED IN BOOK
1011, P*GE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THERZFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED
IN BOOK-1741, PACE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL
FIRST DESCRIBED ABOVE.
C I TYOOF NEWPORT BEACH
ROLL
CALL
Present
Motion
All Ayes
Motion
All Ayes
Motion
A11 Ayes
REGULAR COUNCIL MEETING
N
PLACE: Council Chambers
w
w
H
TIME: 7:00 P.M.
3I-MM0z
F-
a:W
DATE: January 23, 1995
g
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0
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3g2UC90
LOSED SESSION - 5:00 p.m. [Refer to separate agenda
om City Attorney]
CL SED SESSION REPORT PRESENTED: None
REC SED AT 6:50 P.M.
RECO VENED AT 7:00 P.M. for regular meetin
x
x
x
x
x
x
x
x
o inutes of Special Meetings of January 3, 6
n Regular Meeting of January 9, 1995, was
Acan
app ved as written -and ordered filed.
x
in fu of all ordinances and resolutions under
ation w s waived, and City Clerk was directed to
itles onl .WHICH
A OUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SU E UENT MEETING:
Mayor Pro Te Debay requested that staff report
back in 30 days regarding a summary response for
DISASTER REC ERY. She stated that a
homeowner asso 'ation in West Newport sustained
damage during th recent rains, and are not fully
aware of the proce ure to follow regarding FEMA,
etc.
Mayor Pro Tern Debay requested that staff report
back in 30 days with uggestions regarding the
feasibility of PUBLIC FORU S.
MATTERS WHICH A COUNCIL MEM R MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION ND STAFF REPORT:
Mayor Hedges requested the fanning Department
and Planning Commission stu y the feasibility of
establishing SETBACKS ON ALLE 20 feet or wider
to zero.
CONSENT CALENDAR
x
The following items were approved, except f r those Items
removed:
ORDINANCES FOR INTRODUCTION - Pass second
reading on February 13, 1995:
1. Proposed ORDINANCE NO. 95-3, being,
AN ORDINANCE OF THE CITY COUN L OF
THE CITY OF NEWPORT BEACH REVI ING
SECTION 12.44.020(B) OF THE NEWP RT
BEACH MUNICIPAL CODE. [Memorand m
from Traffic Affairs Committee an
Supplemental Report from the Assistant Ci
Manager]
Volume 49 - Page 27
MINUTES
INDEX
Ord 95-3
Traffic
(85)
C I TYOOF NEWPORT TEACH
ROLL
CALL
MINUTES
U)
U)
K
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January 23,1995
INDE;
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0
CONTRACTS AND AGREEMENTS
2. 503 32ND STREET OFFSITE PARKING AGREEMENT -
503 32nd St
Request to amend a previously approved .oMsite
Pk
,pgrilp� "Lre m_la which prov_idesreauired off-
04A1 38)
street parking spaces for an existing office building
on properly located at 503 32nd Street and which
are located at an off -site location at the rear of
the Viq Lido Plaza Shopping Center in the RSC-H
District. [Report from Planning Department]
3. IRVINE AVENUE AND 17TH STREET/WESTCLIFF DRIVE
Irvine AV &
INTERSECTION IMPROVEMENTS TEMPORARY
Westolf Dr
FUNDING AGREEMENT (CONTRACT NO. 2943) -
C-2943 (38)
Approve Temporary Funding Agreement with the
City of Costa Mesa, and authorize the City
Manager to execute subject Agreement. [Report
rom public Works Department]
4. P N L VACANCIES - Report from Personnel
(66)
Dire tor.
5. LAIM - For Denial by the City Manager.
(36)
Richard Banor protesting Fire Department
charge of 150 to cleanup paint spill in alley on
November , 1994 at 709 Begonia Avenue.
Richard Conla III alleging damage to his parked
vehicle by Ci Refuse truck at Orange Street;
seeking reimburs ent of $1,100.27.
Michael D. Johnson ileging damage to vehicle as
a result of accident h City vehicle on December
13, 1994 on Via Lido No d.
Jack L Keyes alleging ity caused removal of
native material during Mar h/April 1994 from street
resulting in slope damage o Half Moon Bay Drive.
Dragoslava Kulmaticki alleging amage to fire as a
result of hitting large piece of etal in roadway
from City Refuse truck on Newp Hills Road East
on December31, 1994.
Newport Crest Homeowners Associ on alleging
City Refuse truck backed over light ole at 15
Intrepid on August 15, 1994; seeking ream ursement
of 571.60.
Raypok, Inc. seeking indemnity from cc laint
filed by Mireya Santiago, et al, vs. em
Manufacturing Company.
A. J. Vitarelli alleging overhanging tree of Emeral
and South Bayfront dented camper shell of
claimant's vehicle at 140 S. Bayfront on December
14, 1994.
Volume 49 - Page 28
a
17t
Real Estate Investment Builders • Developers
3471 Via Lido
Suite 207
Newport Beach, CA 92663-3929
(714) 723.7100
FAX (714) 723.1141
One Galleria Tower
13355 Noel Road, LB 3
Suite 1315
Dallas, TX 75240.6603
(214) 934.2244
FAX (214) 991.5184
December 14, 1995
Mr. Jack Jakosky
503 LIDO PARTNERS LTD.
c/o Jakosky Properties
503 32nd Street, Suite 200
Newport Beach, CA 92663
Re: Memorandum of First Amended and
Restated Off -Street Parking Agreement
Dear Mr. Jakosky:
PLANNING DEPARTMENT
CITY OF NFWPORT BEACH
NOV 15 1995
7 18,9110111112111213141516
i
Enclosed for your files is a copy of the recorded Memorandum of First Amended
and Restated Off -Street Parking Agreement, which was recorded September 25,
1995 as Document No. 19950417927, together with an unrecorded original of the
document.
By copy of this letter, we are also forwarding a copy of the recorded document
to Bill Ward at the City of Newport Beach.
Should you have any questions, please let us know.
Very truly yours,
a
Stephanie J. Jones
Lease Administrator
sjj
Enclosures
cc: Bill Ward w/enc.
Planning Department, City of Newport Beach
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CASTLE & NICHOLSON
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Attention: Gary A. Glick, Esq.
Recorded in the County of Orange, California
ranvill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .00
corder
001 011232 14 32 1Bs99504119`7 N2pm 98/25/95
M10 7 7.00 19.00 0,00 0.00 0.00 0.00
Space above this line for Recorder's use only
MEMORANDUM OF FIRST AMENDED AND RESTATED
OFF-STREET PARKING AGREEMENT
This Memorandum of First Amended and Restated Off -Street
Parking Agreement (this "Memorandum") is dated as of the /41.tL day
of .I�&, 1994, by and between NEWPORT VIA LIDO ASSOCIATES, a
California limited partnership (11 ") and 503 LIDO PARTNERS,
LTD., a California Limited Partnership ("503 Lido"), with reference
to the following facts:
503 Lido is the owner of that certain real property located in
the City of Newport Beach, County of Orange, State of California,
and more particularly described on Exhibit A attached hereto and
incorporated herein by this reference (the 11503 Lido Property").
NVLA is the owner of that certain real property located in the
City of Newport Beach, County of Orange, State of California, and
more particularly described on Exhibit B attached hereto and
incorporated herein by this reference (the "NVLA Property").
On or about 1994, NVLA and 503 Lido entered into
that certain First Amended and Restated Off -Street Parking
Agreement (the "Agreement"), which Agreement amends and restates
that certain Off -Site Parking Agreement (the "Original Off -Site
Parkins Agreement") dated as of March 5, 1968, and recorded in the
Official Records of Orange County on March 13, 1968, in Book 8541,
Pages 383-387. The Agreement provides, among other things, for (i)
the reduction in the number of parking spaces "503 Lido and its
Agents" (as defined in the Agreement) is entitled to use on the
NVLA Property from twenty-four (24) parking spaces to twelve (12)
parking spaces (the 1112 Spaces"), (ii) the right of NVLA to
designate a specific portion of the "Parking Areas" (as defined in
the Agreement) to be used by 503 Lido and its Agents for the 12
Spaces, (iii) a monthly parking charge payable by 503 Lido for the
right to use the 12 Spaces, (iv) the designation of those persons
entitled to use the 12 Spaces, (v) certain validation rights
granted to 503 Lido and its Agents and certain validation
6 }III,
GAG 22Q9114574 3 . 1 04/20/94
obligations imposed on NVLA, and (vi) NVLA'a obligation to maintain
the "Via Ovoorto Wall Opening" (as defined in the Agreement).
NOW, THEREFORE, for and in consideration of the foregoing,
NVLA and 503 Lido hereby agree as follows:
(a) Grant of Parking Easement. Subject to the terms and
conditions of the Agreement, NVLA hereby grants to 503 Lido a
perpetual, a non-exclusive easement (the "Parking Easement"), which
is granted to 503 Lido as owner of the 303 Lido Property as an
easement appurtenant to the 503 Lido Property, for the parking of
up to twelve (12) "automobiles" (as defined in the Agreement)
within the Parking Areas by 503 Lido and its Agents.
(b) Terms and Conditions of the Agreement. NVLA and 503 Lido
agree to be bound by the terms and conditions of the Agreement,
which Agreement is incorporated herein by this reference. In the
event of any inconsistency between the terms and conditions of this
Memorandum and the terms and conditions of the Agreement, the terms
and conditions of the Agreement shall govern and control.
IN WITNESS WHEREOF, each of the parties hereto has executed
this instrument as of the date first above written.
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporation, its General Manager
By:
Print Name: & i 2 L_ - ULx
Its: P2e-,:5 I,LL6✓ `r
Dated:
[signatures continued on next page]
GAG 41i73114574 3
-2-
[signatures continued from previous page]
503 LIDO:
503 LIDO PARTNERS, LTD., a California
Limited Partnership
By:
g ell/
Prin Name: V4c.0 V, ).9.evsx-ly
Its: G_R�
Dated:
TT�
By:
Prin /Name • �74- .-T• �7 QS)K�/J /n -
.v
Dated: i! aZ y
GAG 22V9114574 3 - 3 - 041201%
STATE OF CALIFORNIA )
ss.
COUNTY OFC )
u
On 1994, before me, the undersigned, a Notary
c� in( and for said County and State, personally appeared
personally6known to me;
proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
KATHLM. WH(TE
NZEEN
FUbtic-CailforNa
NGE COUNTY
nrNdon EK*osNotary Public0 «nbef 8, 1995
STATE OF CALIFORNIA )
ss.
COUNTY OF 7—
On ri 1 , 19.9, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
0' personally known to me;
rl proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
^" KATHLEEN M. WHITE
o� .y Notary FGE COUNTYNa
ORANGE COUNTY
Notary Public MY COrt1 a. 11"5
GAG 72179114374 3
STATE OF CALIFORNIA )
ss.
COUNTY OF'ORANGE )
On jq , 199_, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
j personally known to me;
❑ proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signatures) on the instrument the person (s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
dLW' �r'
Notary Public
+: •� ARLENE L. BIRON o
Comm. # 1011178
NOTARY PUBLIC CAUFORMA
IL
CommEx pins Dec.17,1997
Exhibit A
Legal Description of 503 Lido Property
LOT 6, TRACT 1117, AS RECORDED IN BOOR 35, PAGE 48 OF
MISCELLANEOUS MAPS OF THE RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
Exhibit A - Page 1
Exhibit B
Legal Description of NVLA Property
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 85 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.B. & M., IN
THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 50 FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY•OF NEWPORT ➢EACH RECORDED IN BOOK
1011, PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED
IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL
FIRST DESCRIBED ABOVE.
Exhibit B - Page 1
ti
• City Council Meting January 23, 1995
Agenda Item No. !:52,
CITY OF NEWPORT BEACH
TO: Mayor and Members of the City Council
FROM: Planning Department
SUBJECT: Off -Site Parking Agreement
Request to amend a previously approved off -site parking agreement
which provides required off-street parking spaces for an existing office
building on property located at 503 32nd Street and which are located
at an off -site location at the rear of the Via Lido Plaza Shopping
Center in the RSC-H District. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the
customers and business invitees of the office building. The applicants
propose to reduce the number of required off-street parking spaces to
12 and remove the existing use restriction so as to allow tenants and
employees of the office building to also use the off -site parking spaces.
LOCATION: Parcel 1 of Parcel Map 85-1(Resubdivision No. 516), located 3471 Via
Lido, on the southwesterly corner of Via Lido and Via Oporto
(parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on
the northeasterly corner of 32nd Street and Via Oporto, adjacent to
City Hall (building site).
ZONE: RSC-H
APPLICANTS: Newport Via Lido Associates and 503 Lido Partners, Ltd., Orange and
Newport Beach
OWNERS: ' Same as applicants
Application
This application involves a request to approve an off -site parking agreement so as to provide
required off-street parking in perpetuity on an adjoining parcel in conjunction with a
reduction in the number of required off-street parking spaces which are provided for an
existing office building located at 503 32nd Street, which are located at an off -site location
at the rear of the Via Lido Plaza Shopping Center. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the customers and business
invitees of the office building. The applicants propose to reduce the number of required
TO: CiAouncil - 2.
off-street parking spaces to 12 and remove the existing use restriction so as to allow tenants
and employees of the office building to also use the off -site parking spaces. The proposal
also includes a request to amend a previously approved off -site parking agreement consistent
with the revised parking figures. Off -site parking provisions are set forth in Section
20.30.035 D of the Municipal Code.
Suggested Action
If desired, approve the off -site parking agreement with the findings and subject to the
conditions of approval recommended by the Planning Commission contained in the attached
excerpt of the minutes of the Planning Commission meeting of April 21, 1094.
Planning Commission Recommendation
At its meeting of April 21, 1994, the Planning Commission voted unanimously to
recommend the approval of the subject off -site parking agreement to the City Council. An
excerpt of the Planning Commission minutes and the related Planning Commission staff
report are attached for the Council's information.
Respectfully Submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
Javier S. Garci
Senior Planner
Attachments for City Council Only:
Vicinity Map
Excerpt of the Planning Commission Minutes,
dated April 21, 1994
Planning Commission Staff Report with Attachments,
dated April 21, 1994
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COMMISSIONERS •
�q�Oftt 'ADO `OSO
•
CITY OF NEWPORT 13EACH
MINUTES
i-
A ri121 1994
p
ROLL CALL
INDEX
for Withdrawal:
Request
for
)!rector Hewicker stated that the ap I nt, Diane Colvin,
withdrawa
equested that Item No. 7, an ap of the Modifications
ommittee approval of Modifica,�to o. 4181, regarding property
ocated at 3815 Inlet Isle D 'v6, be withdrawn.
notion
*
otion was mad nd voted on to withdraw Modification No,
All Ayes
181, MO CARRIED.
sss
ff- it P rkin Agreement
Item No.a
equest to amend a previously approved off -site parking
off -site
greement which provides required off-street parking spaces for an
Parking
xisting office building on property located at 503 32nd Street and
n rg ee.
hich are located at an off -site location at the rear of the Via
Approved
ido Plaza Shopping Center in the RSC-H District. Under the
-xi sting parking arrangement, 24 restricted parking spaces are
rovided to the customers and business invitees of the office
uilding. The applicants propose to reduce the number of
equired off-street parking spaces to 12 and remove the existing
se restriction so as to allow tenants and employees of the office
wilding to also use the off -site parking spaces.
OCATION: Parcel 1 of Parcel Map 85-1 (Resubdivision
No. 516), located 3471 Via Lido, on the
southwesterly corner of Via Lido and Via
Oporto (parking site); and Lot 6, Tract No.
907, located at 503 32nd Street, on the
northeasterly corner of 32nd Street and Via
Oporto, adjacent to City Hall (building site).
ONE: RSC-H
-2-
c
COMMISSIONERS • •
�c04�4ulPO�\ Qo�o o CITY OF NEWPORT BEACH
MINUTES
April 21, 1994
ROLL CALL
INDEX
APPLICANTS: Newport Via Lido Associates and 503 Lido
Partners, Ltd., Orange and Newport Beach
OWNERS: Same as applicants
In response to a request for clarification by Commissioner Gifford
regarding the use restriction of the off-street parking spaces for an
existing office building on property located at 503 - 32nd Street
and that are located at an off -site location at the rear of the Via
Lido Plaza Shopping Center, James Hewicker, Planning Director,
replied that the current use of the parking spaces is limited to
business invitees; however, the proposed agreement would provide
arking spaces for the tenants as well as for business invitees.
n response to a question posed by Commissioner Gifford, William
ycock, Current Planning Manager, explained that the existing
08 parking spaces in the Via Lido Plaza parking lot were
estriped to provide compact parking spaces in the parking lot.
Motion
Motion was made and voted on to approve the Off -Site Parking
All Ayes
Agreement, subject to the findings and conditions in Exhibit "A".
MOTION CARRIED.
Findings:
1. That the off -site parking location is located so as to be
useful in conjunction with the proposed use or uses on the
building site.
Z. That the use of the off -site parking location in this case will
not create undue traffic hazards in the surrounding area.
3. That the applicant has entered into an appropriate
agreement for the off -site parking spaces, which is of
sufficient duration for the 503 Building.
The owners, upon the approval of City Council, intend to
execute a written instrument or instruments, approved as to
-3-
J
COIVMSSIONERS • • MINUTES
ts�Gypp��t��i O�O
CITY OF NEWPORT BEACH
AP ri121 1994
ROLL CALL
INDEX
form and content by the City Attorney, providing for the
easement for parking in accordance with the Memorandum
of Understanding between Via Lido Plaza and the 503
Building so as to maintain 12 offstreet parking spaces on
the off -site parking location for the duration of the
existence of the use at 503 32nd Street (503 Building).
That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
development.
Conditions
1. That the owners, upon the approval of City Council, shall
record an agreement, approved as to form and content by
the City Attorney, which shall: guarantee that a minimum
of twelve (12) off-street parking spaces shall be provided in
the easterly parking area of Via Lido Plaza for the benefit
of the 503 Building throughout the duration of the
existence of the building. Such agreement shall be
recorded in the office of the Office of the County Recorder
and a copy thereof filed with the Planning Department.
That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the Traffic Engineer.
t t i
-4-
�D
• Planning Commis• n Meeting April 21, 1994
Agenda Item No. 1
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Off -Site Parking Agreement (Discussion)
Request to amend a previously approved off -site parking agreement
which provides required off-street parking spaces for an existing office
building on property located at 503 32nd Street and which are located
at an off -site location at the rear of the Via Lido Plaza Shopping
Center in the RSC-H District. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the
customers and business invitees of the office building. The applicants
propose to reduce the number of required off-street parking spaces to
12 and remove the existing use restriction so as to allow tenants and
employees of the office building to also use the off -site parking spaces.
LOCATION: Parcel 1 of Parcel Map 85-1(Resubdivision No. 516), located 3471 Via
Lido, on the southwesterly corner of Via Lido and Via Oporto
(parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on
the northeasterly corner of 32nd Street and Via Oporto, adjacent to
City Hall (building site).
ZONE: RSC-H
APPLICANTS: Newport Via Lido Associates and 503 Lido Partners, Ltd., Orange and
Newport Beach
OWNERS: Same as applicants
Application
This application involves a request to approve an off -site parking agreement so as to provide
required off-street parking on an adjoining parcel in conjunction with a reduction in the
number of required off-street parking spaces which are provided for an existing office
building located at 503 32nd Street, which are located at an off -site location at the rear of
the Via Lido Plaza Shopping Center. Under the existing parking arrangement, 24 restricted
parking spaces are provided to the customers and business invitees of the office building.
The applicants propose to reduce the number of required off-street parking spaces to 12 and
11
TO: Pla&g Commission - 2.
remove the existing use restriction so as to allow tenants and employees of the office
building to also use the off -site parking spaces. The proposal also includes a request to
amend a previously approved off -site parking agreement consistent with the revised parking
figures. Off -site parking provisions are set forth in Section 20.30,035 D of the Municipal
Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1(Existing
Facilities).
Conformance with the General Plan and
Local Coastal Program Land Use Plan
The parcels are located in an area which is designated for "Retail and Service Commercial"
uses by the Land Use Element of the General Plan and Land Use Plan of the Local Coastal
Program. This land use category allows for retail and office usage, Inasmuch as the
application does not involve any increase in the existing gross square footage of the
structures, this application is consistent with those guidelines. The maximum Floor Area
Ratio permitted on these sites is 0.5/0.75.
Subject Properties and Surrounding Land Uses
The larger of the two subject properties (the shopping center property) is bounded by
Newport Boulevard, Via Lido, Via Malaga and Finley Avenue; the second property (the
office building site) is located on the northeasterly corner of 32nd Street and Via Oporto.
To the north of the subject properties, across Via Lido are commercial and office uses; to
the east, across Via Malaga is the Lido Building and St, James Church; to the south, across
32nd Street is a parking lot and the former Bank of Newport building; and to the west,
across Via Oporto, is City Hall.
Backiiround
The structures on the Via Lido Plaza site were constructed over a period of several years,
commencing prior to 1960.
1. On April 1, 1954 the former owner of Via Lido Plaza sold property located at 503
32nd Street with a letter agreement stating that the seller would provide sufficient
off-street parking spaces to meet the City's zoning requirements in nearby parking
areas in their control. It is noted that at the time, the property at 503 32nd Street
was bounded by private streets with curbside parking which the seller intended to use
to accommodate a considerable amount of the required parking spaces.
Q•
TO: Planning Commission - 3. •
2. According to the Orange County Assessor's records, the property at 503 32nd Street
was developed with a 6,160 (gross) square foot commercial office building in 1954.
At the time of construction, the City's parking requirement for office buildings
located in the C-1-H District was one parking space for each 500 square feet of floor
area which would have required 12 parking spaces (6,000± sq.ft 1 _ 500 sq.ft.= 12
spaces).
3. On August 20, 1956, the private streets were dedicated to the City which made the
existing curb side parking spaces public parking and eliminated the possibility of
using such parking for private purposes.
4. On April 18, 1963, the Planning Commission approved Variance No. 741 which
waived the required parking for the existing theater located within the Via Lido
Plaza Shopping Center. Said waiver was granted on the basis of a shared parking
relationship between daytime office and retail uses and the nighttime theater use.
5. On March 5, 1968, the City approved an off -site parking agreement which obligated
the owner of Via Lido Plaza to provide 24 parking spaces in accordance with the
letter agreement mentioned in No. 1 above. At this time, the City's parking
requirement for office buildings had changed to one parking space for each 250
square feet of net floor area which would have required 24 parking spaces (6,000
sq.ft. _ 250 sq.ft.= 24 spaces). Even though the parking requirement for the
building at 503 32nd Street was only 12 spaces at the time of construction, the
approval of this off -site parking agreement provided 24 parking spaces. However,
the language contained within the parking agreement restricted the use of the
parking to "customers and business invitees of the tenants or occupants of said office
building."
6. On April 1, 1976, the Planning Commission approved Resubdivision No. 516 which
permitted the establishment of a single building site and the elimination of interior
lot lines where portions of four lots and an abandoned alley existed, so as to permit
interior and exterior remodeling at the Via Lido Plaza complex. In conjunction with
Resubdivision No. 516, the property owner dedicated a triangular parcel of land at
the southwesterly portion of the site to the City for future roadway purposes. In
exchange, the City permanently waived a requirement for 11 parking spaces.
7. On August 5, 1976, the Planning Commission approved Use Permit No. 1799 which
permitted the construction of a take-out restaurant in Via Lido Plaza. The Planning
Commission waived all but 14 of the 43 required parking spaces inasmuch as Via
Lido Plaza did not experience a parking problem except for unauthorized vehicles
1 For purposes of determining the parking requirement exterior walls and mechanical
rooms are excluded and stairways are counted only on one level which results in a reduction
in the square footage.
I
TO: Plallng Commission - 4. 0
using the lot. The total on -site parking requirement was thus 284 spaces (281
previous - 11 waived + 14 added = 284).
8. On November 3, 1977, the Planning Commission approved an amendment to the
previously approved Use Permit No. 1799 so as to permit the service of beer and
wine in conjunction with the restaurant use. The take-out portion of the facility was
deleted at that time and there was no change in the requirement to provide 14
parking spaces for the restaurant.
9. On August 19,1982, the Planning Commission approved a second amendment to Use
Permit No. 1799 which permitted a 350 sq.ft. increase in the "net public area" of the
restaurant for a total of 1,050 sq.ft. of "net public area". The Planning Commission
required that 1 parking space be provided for each 50 sq.ft. of "net public area' of
the restaurant, resulting in a parking requirement of 21 spaces for the facility (1,050
sq.ft. _ 50 = 21 spaces) an increase in 7 spaces from those previously required.
Total required parking for the site was thus 291 spaces.
10. On October 22, 1987, the Planning Commission approved the following use permit
applications involving proposed businesses in Via Lido Plaza:
Use Permit No. 3284 (Rocko's Cuisine) which permitted the establishment
of a take-out restaurant facilitywith on -sale beer and wine and seating on the
inside of the restaurant building and outside in a common courtyard.
Use Permit No. 3296 which permitted the establishment of a "gourmet" take-
out restaurant with incidental seating and on and off sale of beer and wine.
Use Permit NQ. 3297 which permitted the establishment of a take-out
restaurant with incidental seating specializing in frozen desserts and baked
goods.
Based on the parking requirement for take-out restaurants as set forth in Section
20.30.035 B of the Municipal Code, the above applications resulted in an increased
parking requirement of 65 spaces, 21 of which were attributable to Rocko's Cuisine.
The applicant submitted a parking study which indicated that large numbers of
parking spaces were available in the parking lot, with a minimum of 87 parking
spaces available during the peak usage period, which was found to be a Friday at
1:00 p.m. The Planning Commission thus voted to waive any requirement for
additional parking.
On December 14,1987, the City Council voted to deny Use Permit No. 3296 and to
sustain the actions of the Planning Commission regarding Use Permits No. 3284 and
Use Permit No. 3297.
H
TO: Planning Commission - 5.
The Coastal Commission subsequently denied approval of Use Permit No. 3297, and
approved Use Permit No. 3284. The Coastal Commission also required that 15
additional parking spaces be provided. This resulted in a total parking requirement
of 306 parking spaces for the site, not including the 11 spaces at the southwesterly
corner of the site which were eliminated (291 previously required + 15 required by
Coastal Commission = 306 spaces). In order to provide the required parking
spaces, it was necessary to re -stripe the parking lot and to amend Use Permit No.
3284 so as to provide compact parking spaces as a portion of the required parking.
11. At its meeting of August 4, 1988, the Planning Commission approved Use Permit No.
3284 (Amended), a request to amend the previously approved use permit which
permitted the establishment of a take-out restaurant on the subject property. The
amendment included a request to delete Condition No. 11 of the original use permit
so as to allow the restaurant the exclusive use of a portion of the common patio
seating area. The proposal also included a change in the operational characteristics
of the take-out restaurant use so as to allow the use of compact parking spaces for
a portion of the required off-street parking. The original use permit did not provide
for the use of compact spaces. Furthermore, the Coastal Commission requirement
for exclusive use seating conflicted with the existing Condition of Approval No. 11
of Use Permit No. 3284. The restriping of the parking lot, resulted that a maximum
of 77 of the on -site parking spaces (25%) would be provided as compact parking.
The existing parking lot currently provides 54 compact parking spaces, 5 handicapped
parking spaces and 260 standard parking spaces for a total of 319 spaces.
It appears that the August 4, 1988 staff report for Use Permit No. 3284 (Amended)
was where the off -site parking agreement involving the property at 503 32nd Street
and Via Lido Shopping Center was first mentioned in conjunction with the
consideration of a discretionary application within the Via Lido Shopping Center.
The staff report stated, "On March 5, 1966, the owners of a portion of the subject
property entered into an agreement with the owner of the office building at 503 32nd
Street whereby 24 parking spaces on the subject property were to be provided for the use
of the office building in perpetuity. However, because the building was considered to be
legal, nonconforming with regard to parking, the 24 spaces have not traditionally been
included in the total required parking for the site."
12. At its meeting of February 12,1990, the City Council approved Council Agenda Item
F-3(a), a request to authorize the Mayor and City Clerk to execute an agreement
with Newport Via Lido Associates regarding the Via Lido Plaza Parking Lot
Reconstruction Agreement. Said agreement reduced the original waiver of parking
spaces in conjunction with the widening of Newport Boulevard from 11 spaces to 6
spaces and further reduced the required on -site parking by 13 spaces by excluding
3,238 sq.ft. of mezzanine area, located above the market, from the parking
requirement calculations. In accordance with the terms of the agreement, the total
parking required for the on -site uses was 287 spaces.
TO: Planning Commission - 6.
13. At its meeting of April 19,1990, the Planning Commission approved Use Permit No.
3378, a request to permit the establishment of a retail flower shop with outdoor
display within the Via Lido Plaza Shopping Center. The Planning Commission in its
approval required that a minimum of two additional parking spaces be provided for
the new flower shop. As a result, the total parking required for the on -site uses
increased to 289 parking spaces. Inasmuch as 319 parking spaces existed at that
time, there appeared to be a surplus of 30 spaces on the site.
14. The total parking requirement for the Via Lido Plaza stands at 289 spaces.
However, in conjunction with the review of said application, the Planning
Department has determined that the statement made in the staff report for Use
Permit No. 3284 (Amended), dated August 4, 1988 was incorrect in two respects.
First, the office building at 503 32nd Street would now be considered legal
nonconforming with regards to the off-street parking requirement, inasmuch as the
Zoning Code required 12 parking spaces for the building at the time of construction
(See Item No. 2 above). Secondly, although it is true that up until 1988, the 24
parking spaces for the office building at 503 32nd Street were not included in the
total parking requirement for the site, such an exclusion was improper inasmuch as
the March 5, 1968 parking agreement allocates 24 parking spaces within Via Lido
Plaza for the office building at 503 32nd Street. Therefore, the actual surplus of
parking in Via Lido Plaza was only 6 spaces when the parking lot was striped with
319 parking spaces.
15. At its meeting of June 10, 1993, the Planning Commission continued this item
(Variance No. 1187) to its next meeting, at the request of the applicants. At its
meeting of June 24, 1993, the Planning Commission removed this item from calendar,
as requested by the applicants, so as to allow the applicants additional time to
resolve issues regarding the parking lot allocation.
16. At its meeting of December 28, 1993, the Modifications Committee approved
Modification No. 4160, a request to permit the establishment of a specialty food
establishment on the subject property. Among the conditions of approval was a
specific condition regarding restriping the southeasterly corner of the parking lot for
8 additional parking spaces which were not striped when the overall parking lot was
recently restriped. There is also a series of poles and chain which restrict parking
in this area of the parking lot.
17. At its meeting of March 10,1994, the Planning Commission voted (4 Ayes, 3 Absent)
to continue Variance No. 1187 to the Planning Commission meeting of March 24,
1994 as requested by the applicants.
18. At its meeting of March 24, 1994, based on information from the City Attorney, it
was determined that a variance was not required; therefore, the Planning
Commission took no action of the Variance No. 1187. It was also determined that
the process to reduce the number of off-street parking spaces as provided by the
�a
TO: Planning Commission - 7.
existing off -site parking agreement is to revise and submit for approval to the
Planning Commission and the City Council an off -site parking agreement. An
excerpt of the minutes of that meeting are attached for the Commission's
information.
19. At its meeting of April 7, 1994, the Planning Commission continued the subject Off -
Site Parking Agreement to its meeting of April 21, 1994, to allow the applicants and
staff to resolve concerns with regard to the content of the Off -Site Parking
Agreement.
Parking Tabulation of Via Lido Plaza
As currently striped, the Via Lido Plaza parking lot now provides only 308 parking spaces
throughout the subject property as follows:
Parking Tabulation:
2 Handicap spaces in the front lot (fronting on Newport Blvd)
129 Standard spaces in the front lot
135 Standard spaces in the rear lot (fronting on Via Oporto)
3 Handicap spaces in the rear lot
393 Compact spaces in the rear lot (12 M
308 Total parking spaces
The staff determination that the 503 Building only requires 12 parking spaces as required
at the time of construction results in a surplus of 7 parking spaces for the shopping center
(308 spaces - 289 required = 19 spaces - 12 spaces for 503 Building = 7 space surplus).
Required Findings
In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning
Commission shall not recommend and the City Council shall not approve off -site parking
on a separate lot from the building site or sites unless:
(a) Such lot is so located as to be useful in conjunction with the proposed use or
uses on the building site or sites.
(b) Parking on such lot will not create undue traffic hazards in the surrounding
area.
(c) Such lot and the building site are in the same ownership, or the owners of the
building sites have a common ownership in such lot, and the owner or owners
are entitled to the immediate possession and use thereof (ownership of the
off -site lot must be ownership in fee of a leasehold interest of a duration
adequate to serve all proposed uses on the building site or sites).
13
TO: Plang Commission - 8. •
(d) The owner or owners and the City, upon the approval of City Council, execute
a written instrument or instruments, approved as to form and content by the
City Attorney, providing for the maintenance of the required off-street parking
on such lot for the duration of the proposed use or uses on the building site
or sites. Should a change in use or additional use be proposed, the off-street
parking regulation applicable at the time shall apply. Such instruments shall
be recorded in the office of the County Recorder and copies thereof filed with
the Planning Department.
Staff has no objections to this proposal inasmuch as the off -site parking area has been in
force for a number of years and this application will reduce the number of spaces provided
and lift the existing restrictions regarding their use,
Should the Planning Commission wish to approve this off -site parking proposal, the findings
and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff has not
included an exhibit for denial inasmuch as all of the necessary findings can be reasonably
made in this case and the related construction conforms with the requirements of the
General Plan, Local Coastal Program and the Zoning Code.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
B '
Qavier S. Garcia
Senior Planner
Attachments: Exhibit "A"
Vicinity Map
Excerpt of Planning Commission Minutes dated
March 24, 1994
Plot Plan/Parking Tabulation of Via Lido Plaza
F.\..JAY-O\SR\UDOPLZA.OPA
VA
TO: Planning Commission - 9. • mn
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
OFF -STYE PARKING PROPOSAL INVOLVING
PROPERTIES AT 3471 VIA LIDO
AND 503 32ND STREET
Findines:
1. That the off -site parking location is located so as to be useful in conjunction with the
proposed use or uses on the building site.
2. That the use of the off -site parking location in this case will not create undue traffic
hazards in the surrounding area.
3. That the applicant has entered into an appropriate agreement for the off -site parking
spaces, which is of sufficient duration for the 503 Building.
4. The owners, upon the approval of City Council, intend to execute a written
instrument or instruments, approved as to form and content by the City Attorney,
providing for the easement for parking in accordance with the Memorandum of
Understanding between Via Lido Plaza and the 503 Building so as to maintain 12
offstreet parking spaces on the off -site parking location for the duration of the
existence of the use at 503 32nd Street (503 Building).
5. That the design of the proposed improvements will not conflict with any easements
acquired by the public at large for access through or use of property within the
proposed development.
Conditions:
1. That the owners, upon the approval of City Council, shall record an agreement,
approved as to form and content by the City Attorney, which shall: guarantee that
a minimum of twelve (12) off-street parking spaces shall be provided in the easterly
parking area of Via Lido Plaza for the benefit of the 503 Building throughout the
duration of the existence of the building. Such agreement shall be recorded in the
office of the Office of the County Recorder and a copy thereof filed with the
Planning Department.
2. That the on -site parking, vehicular circulation and pedestrian circulation systems be
subject to further review by the Traffic Engineer.
1J
VICINITY MAP
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NEWPORT BEACH - CALIPORNIA
AAA ADAIpATVAII ALUpLNMI t"� Y4L.tdl( A[ULt NTIAL
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Gb
COMMISSIONERS
LJ
MINUTES
ROLL CALL
Notion
A11 Ayes
H
CITY OF NEWPORT BEACH
CN-H
Paul G. Taddeo, N
March 24, 1994
Richard Dic d Associates, Newport Beach
Hewicker, Pla ' g Director, reported that the applicant
fed that ermit No. 3522 be removed from calendar.
as made and voted on to remove Item No. 2, Use Permit
22 from calendar. MOTION CARRIED.
s s :
quest to reduce the number of required off-street parking
ices which are provided for an existing office building on
)perry located at 503 32nd Street and which are located at an
-site location at the rear of the Via Lido Plaza Shopping Center
the RSC-H District. Under the existing parking arrangement,
restricted parking spaces are provided to the customers and
siness invitees of the office building. The applicants propose to
9uce the number of required off-street parking spaces to 12 and
move the existing use restriction so as to allow tenants and
iployees of the office building to also use the off -site parking
aces. The proposal also includes a request to amend a
eviously approved off --site parking agreement consistent with the
vised parking figures.
JCATION: Parcel 1 of Parcel Map 85-1 (Resubdivision
No. 516), located 3471 Via Lido, on the
southwesterly corner of Via Lido and Via
Oporto (parking site); and Lot 6, Tract No.
907, located at 503 32nd Street, on the
northeasterly corner of 32nd Street and Via
Oporto, adjacent to City Hall.
-5-
INDEX
Item No.3
V1187
Off -site
parking
cont' d tc
4/7/94
No actior
taken on
�rl
COMMtsszorrERS • • MINUTES
L`�o�t� boo
CITY OF NEWPORT BEACH
March 24. 1994
INDEX
ROLL CALL
ZONE: RSC-H
APPLICANTS: Newport Via Udo Associates and 503 Lido
Partners, Ltd., Orange and Newport Beach
OWNERS: Same as applicants
James Hewicker, Planning Director, stated that since the
ppli cation was filed, it was determined that a Variance was not
equired. The property owner is proposing to reduce the number
f parking spaces for the 503 Building to be consistent with the
arking requirements in effect at the time that the building was
onstructed. It is recommended that the off -site parking
agreement for 12 parking spaces in Via Lido Plaza be approved
nd the restriction on the tenants be eliminated so that the
mployees of the 503 Building may use the 12 parking spaces.
n response to questions posed by Commissioner Ridgeway, Mr.
ewicker replied that the intent is to return the Variance
application fee. He further replied that the off -site parking
agreement is with Via Lido Plaza, and staff received a copy of the
agreement just prior to the Planning Commission meeting.
n response to a question posed by Commissioner Glover, Mr.
ewicker replied that Exhibit "A" was prepared as the applicant
requested.
e public hearing was opened in connection with this item, and
r. Jack Jakowski, 1042 West Bay Avenue, appeared before the
Tanning Commission as property owner of 503 - 32nd Street and
is co -applicant. He said that the off -site parking agreement would
orrespond with the current usage. Mr. Jakowski addressed the
revious parking arrangement between the City of Newport Beach,
roperty owners of the Via Lido Plaza shopping center, and
roperty owners of 503 - 32nd Street. He stated that after
eviewing the existing parking spaces adjacent to the subject
roperty, and by restructuring the off -site parking agreement to 12
arking spaces on a non-exclusive basis in the Via Lido Plaza
-6-
COMMISSIONERS • .
OCN�wWt o CITY OF NEWPORT BEACH
MINUTES
March 24, 1994
INDEX
ROLL CALL
shopping center parking lot, that it would more than take care of
the needs of the tenants and employees of the 503 building. The
parking spaces adjacent to the subject property would meet the
demands of the invitees of the building.
Mr. Pat Galvin of the Fritz Duda Company, appeared before the
Planning Commission on behalf of the property owners of Via
Lido Plaza. In reference to Exhibit "A", Mr. Galvin addressed
Finding No. 2, and be stated that ...entered into an
appropriate lease...should be corrected to ..entered into
an appropriate easement.. In reference to Conditions No. 2
and No. 3, Exhibit "A", Mr. Galvin stated that the proposed off -site
parking agreement is different from the language contained in the
Conditions inasmuch as the agreement does not provide for 12
exclusive parking spaces for the 503 32nd Building. He said that
there is a provision in the agreement that states that if other
parking is available in a similar location to Via Lido Plaza, i.e. a
parking structure, that parking off -site could be provided to the
property owner of the 503 Building at another location.
In response to a question posed by Chairman Merrill, Mr.
Hewicker explained that the Planning Commission is being asked
to make a finding stating that the off -site parking area is located
it would be useful for the people located in the 503 - 32nd
so
Street building, and he questioned where the 12 off -site parking
spaces would eventually be located.
In reference to Mr. Galvin's request to change "lease" to
"easement", Commissioner Ridgeway explained that an easement
cannot be changed unilaterally by one party. Mr. Galvin explained
that there is a radius restriction that would prohibit the relocated
parking spaces from being any further from the 503 Building than
they currently are. There is an agreement between the owners of
the respected properties that the easement would be able to be
relocated. It would continue to burden the Via Lido Plaza parking
area; however, they are obligated to provide the parking spaces.
-7-
COMMISSIONERS •
o c oMW
n
E
CITY OF NEWPORT BEACH
MINUTES
March 24. 1994
ROLL CALL
INDEX
Discussion ensued between the Planning Commission, Mr. Galvin,
and staff with respect to continuing the item for further review and
clarification.
In response to a request for clarification by Mr. Galvin regarding
Condition No. 4, Exhibit "A", Chairman Merrill explained that the
condition requiring that the circulation systems be reviewed by the
City Traffic Engineer is a standard condition.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion was made and voted on to continue the subject off -site
Notion
parking agreement to the April 7, 1994, Planning Commission
All Ayes
meeting. (No action was necessary on Variance No. 1187).
MOTION CARRIED.
P rmi N 171 men d (Continued Public Hearing)
Item No
Request amend a previously approved use permit which
UP1715A
permitted th emodel of an existing restaurant, the addition of
on -sale alcohols beverages, the establishment of restaurant
Denied
parking spaces withi adjoining Residential District, and the
use of tandem and valet king on property located in the "Retail
and Service Commercial" ar of the Cannery Village/McFadden
Square Specific Area Plan. The oposed amendment includes a
request to allow the use of an ou or loud speaker used for
paging restaurant customers.
LOCATION: Parcel 1 of Parcel Map 6 - (Resubdivision
No. 446) located at 2110 Newp Boulevard,
on the northwesterly corner o ewport
Boulevard and 21st Street, in the ery
Village/McFadden Square Specific
Area.
.8.
.4
!",ry.
j4Z4�(�.�siJ� b,
I 1�
Rr4ing=' Mi l�j�• .
2 Hadieap SPIC" in the Goat iot (Goofing on Newport Blvd)
129 Standard spm— in the Gonl W
135 Standard spa= in the rear k% (fronting on Via Opom)
3 Handlmp spa= in the mu lot
•}Q Cmm�irt •LlaftS in M r v lOt
308 Total parking spaces
tom'
M6N
•I
JONES & DYE ; 4-26-95 ;10:24AM ; 7142616665-� 714
• EXH18• C.
1141411
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CASTLE & NICHOLSON
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Attention: Gary A. Glick, Esq.
e use
This Memorandum of, First, Amended and Restated Off -Street
Parking Agreement (this "Me"W,,,orxnebim,") is dated as of the day
Of 1994, by and between NEWPORT VIA LIDO ASSOCIATES, a
California limited partnership ("Ma,8^) and 503 LIDO PARTNERS,
LTD., a California Limited Partnership ("503 Lido"), with reference
to the following facts:
503 Lido is the owner of that certain real property located in
the City of Newport Beach, County of Orange, State of California,
and more particularly described on Exhibit A attached hereto and
incorporated herein by this reference (the "503 Lido Pron *v"),
NVLA is the owner of that certain real property located in the
City of Newport Beach, County of Orange, State of California, and
more particularly described on Exhibit B attached hereto and
incorporated herein by this reference (the "NVLA Property"),
On or about , 1994, NVLA and 503 Lido entered into
that certain First Amended and Restated Off -Street Parking
Agreement (the "Agr amour"), which Agreement amends and restates
that certain Off -Site Parking Agreement (the "Original off-Qat&
Parking Agreement^) dated as of March 5, 1968, and recorded in the
Official Records of Orange 'County on March 13, 1968, in Book 8S41,
Pages 383-367. The Agreement provides, among other things, for (i)
the reduction in the number of parking spaces "503 Lido and i
Ags,ntsm (as defined in the Agreement) is entitled to use on the
NVLA Property from twenty-four (24) parking spaces to twelve (12)
parking spaces (the ^12 sneeze"), (ii) the right of NVLA to
designate a specific portion of the "Parkins Arena" (as defined in
the Agreement) to be used by 503 Lido gad its Agents for the 12
Spaces, (iii) a monthly parking charge payable by 503 Lido for the
right to use""the 12 Spaces, (iv) the designation of those persons
entitled to use the 12 Spaces, (v) certain validation rights
granted to 503 Lido and its Agents and certain validation
GAG 22M IiOu 3
SENT BY:LAYMAN JONES & DYE 4-26-95 ;10:25AM 7142619666-+ 714 723 1141412
0
obligations imposed on NVLA, and (vi) NVLA'a obligation to maintain
the "Via OvoortoWall Op nano" (as defined- in the Agreement).
NOW, THEREFORE, for and in consideration of the foregoing,
NVLA and 503 Lido hereby agree as follows:
(a) Grant Qf Parkin Easement. Subject to the terms and
conditions of the Agreement, NVLA hereby grants to 503 Lido a
perpetTlial, a non-exclusive easement (the "PArking�.asement"), which
is granted to 503 Lido as owner of the 503 Lido Property as an
easement appurtenant to the 503 Lido Property, for the parking of
up to :twelve (12) "automobiles" (as defined in the Agreement)
within the Parking Areas by 503 Lido and its Agents.
W Terms and Conditions of the Agreement. NVLA and 503 Lido
agree to be bound by the terms and conditions of the Agreement,
which Agreement is incorporated herein by this reference. In the
event Of any inconsistency between the terms and conditions of this
Memorandum and the terms and conditions of the Agreement, the terms
and conditions of the Agreement shall govern and control.
IN WITNESS WHEREOF, each of the parties hereto has executed
this ixistrument as of the date first above written.
2iVLAs
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporatio is General Manager
By:
Print Name•rL-tT2 L — blAhA
its• ��E/�i��fS`�
Dated: 13 bglqu
[signatures continued on next page]
aAansn:IOM$ .2-
SENT SMAYMAN JONES & DYE
4-26-95 ;10:25AM
•
71428186664
714 723 1141;#13
..,
[signatures continued from previous page]
0
303 LIDOS
503 LIDO PARTNERS, LTD-, a California
Limited Partnership
Dated: 4 7 3
By:
Prin Tame: 1TAu yAKar,ey
Its: 44*rwle o< <Ti tcry s�w,rsn..w+�
Dated: o�3 fly
0
GAG nm ilmu f
SENT BY:LAYMAN JONES & DYE ; 4-26-95 ;10:25AM
STATE OF CALIFORNIA ).
COUNTY OF
7142618656-4 714 723 1141;#14
On , 199_�, before me, -the undersigned, a Notary
�in and for said County and State, personally appeared
l?k � a�v,,, �,._
J[f p rsonally known to me;
❑ proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that.he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person (a), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OP CALIFORNIA )
,�II es.
COUNTY OF I1�1LL)
KA1MEt�hASMWHn
ES:
NV ca%I- an W"
r a. 1996
On C , 199,�, before me, the undersigned, a Notary
Public and for said County and State, personally appeared
,AL 4:�L_ •r.. /i__ ..
V ✓
personally known to me;
❑ proved to me on the basis Of- satisfactory evidence,
to be the person(s) whose name(g) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her%their authorized capacity(ies)•, and that by his/her/their
signatures) on the instrument the person (a), or the entity upon behalf
of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.'
��ctct��7 • �Gfi%�L
Notary Public
SENT BMAYMAN JONES & DYE
•
71426186664
714 723 1141;#15
STATE OF CALIFORNIA )
) as.
COUNTY OF ORANGE )
on , 199t, before me, the undersigned, a
�
Notary plc in and tor said County and State, personally appeared
t'2•� T 2 l... j ut�A•
personally known to me;
❑• proved to mean the basis of satisfactory evidence,
to be the person(s) whose name(s)
is/are subscribed
to the within
instrument and acknowledged to me that he/she/they
executed
the
same in his/her/their authorized capacity(ies),
and that
by
his/her/their signature(s) on the
instrument the person(s)I or
the
entity upon behalf of which the
person(s) acted,
executed
the
within instrument.
WITNESS my hand and official sial.
SENT BY:LAYMAN JONES & DYE
0 4-26-95 ;10:26AM 0
•
7142616666-o
714 723 1141;#16
Legal Description of 503-Lido Property
LOT 6, .TRACT 1117, AS RECORDED IN BOOK 35, PAGE 48 Or
MISCELLANE008 MAPS or THS RECORDS Or ORANGE COUNTY,
EXCEPTING THEREFROM TIE EASTERLY 114 FEET.
r�
Exhibit a
Legal Description Of NVLA Property
PARCEL l:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY Or ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL NAP FILED IN. BOOK 83 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID.COUNTY.
PARCEL. 2:
A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY,
THAT POTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.E. i N., IN
THE CITY Or NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED
A&,
THE WES RLY 1.80 FEET OF THE NORTHERLY SO FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWMRT BEACH RECORDED IN BOOK
10111 PAGE 379 OF THE OFFICIAL RECORD& Or SAID ORANGE COUNTY.
EXCEPTIkO THEREFROM THAT PORTION OF PARCEL 2 AS DBSCRIBED'IN A DEED RECORDED
IN BOOK 1741, PAGE 174 of SAID OFFICIAL RECORDS WHICH LISS WITHIN TEE PARCEL
FIRST DESCRIBED ABOVE. 1.
Exhibit 2 - Page 1
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A General Plan Amendment No. 88-2(E) (Public Hearing)
Item No.6
Request to amend the Land Use Element of the General Plan so as to
redesignate a portion of the subject property from "Retail Service
Commercial" use to "Governmental, Educational, and Institutional
Facilities" use; and the acceptance of an environmental document.
GPA 88=2E
LCP A36
A818
INITIATED BY: The City of Newport Beach
UP3549
AND
V1204
B. Local Coastal Program Amendment No. 36 (Public Hearing)
LLA 95-2
Approved
Request to amend the Local Coastal Program Land Use Plan so as to
redesignate a portion of the subject property from "Retail Service
Commercial" use to "Governmental, Educational, and Institutional
Facilities" use.
INITIATED BY: The City of Newport Beach
AND
C. Amendment No. 818 (Public Hearing)
Request to amend a portion of Districting Map No. 4 so as to reclassify a
portion of the subject property from the RSC-H District to the GEIF
[0.5/.75] District.
AND
D. Use Permit No. 3549 (Public Hearing)
Request to allow the phased construction of a new church facility including
a 375 seat sanctuary, a small chapel, a parish hall with related Idtchen,
administrative offices, library and classrooms. The proposal also includes a
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use permit to allow the transfer of development rights to the church site,
from property located at the southwesterly corner of 32nd Street and
Lafayette Avenue and the approval of a use permit so as to allow a church
tower and eight foot cross to exceed 35 feet in height; the approval of an
off -site parking arrangement; and the approval of a modification to the.
Zoning Code so as to allow four tandem parking spaces in the Phase 2
design of the off -site parking area.
AND
E. Variance No. 1204 (Public Hearing)
Request to allow the proposed development to exceed .5 times the site area
on property with a 0.5/.75 variable Floor Area Ratio.
AND
F. Newport Beach,Lot Line Adjustment 95-2 (Public Hearing)
Request to permit a lot line adjustment so as to combine five existing
parcels of land into one parcel for church purposes, on property to be
zoned GET [0.5/.751.
LOCATION: Church Site:Lots 1197, 1198, 1199, and 1200,
Tract No. 907 and a portion of Lot 6, Tract
No.1117 located on the southwesterly comer of
Via Lido and Via Malaga. Off -Site Parking
Location: Lots 7-12, 16-21, and portions of Lots
13 and 15, Block 530, Lancaster's Addition,
located on the southwesterly comer of 32nd Street
and Lafayette Avenue, in Central Newport.
ZONES: RMC and SP-6
APPLICANT: St. James Episcopal Church, Newport Beach
OWNER: Same as applicant
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Commissioner Ridgeway stepped down from the dais based on the fact that
he is a member of the congregation.
William Laycock, Current Planning Manager, corrected page 2 of the staff
report to read as follows: "The courtyard andpedestrian areas adjacent to
the parish hall will be enclosed by a 4 foot 6 inch high raised planter
between the wall and public sidewalk..", and the reference to the 7 foot
high wall should be deleted.
Mr. Laycock referred to Condition No. 10, Exhibit " N , and he stated that
the condition be amended to read "That no outdoor loudspeaker or paging
system shall be permitted in conjunction with the operation of the clnirch.
However, this shall not preclude the use of electronic bells within the
proposed bell tower. "
Don Webb, Public Works Director, stated that on the 32nd Street frontage
of the property, an easement that was dedicated for water line uses is five
feet onto the property. In Phase I of the church construction it is necessary
to go into the easement area, and the City Council would be required to
abandon the easement in that area. In Phase 11 there is a water line in the
easement, and when Phase R occurs the water line in the easement area will
have to be relocated or the church will have to be modified in the back. He
suggested an added Condition No. 30, Exhibit " N', that states "That the
water line on 32nd Street on church property be relocated in a manner
acceptable to the Public Works Department, and that the easement be
abandoned if no other utility companies have objections to the
abandonment."
The public hearing was opened in connection with this item, and Mr. Bill
Dunlap, appeared before the Planning Commission on behalf of the
applicant. In response to a question posed by Mr. Dunlap, Mr. Webb
concurred that the water line would be moved at the beginning of Phase H.
Mr. Dunlap concurred with the findings and conditions in Exhibit " N', as
amended. Mr. Dunlap referred to Condition No. 7, Use Permit No. 3549,
and he stated that 50 parking spaces would be available at the completion
of Phase I; however, during the construction of Phase I there will be a need
for construction staging for approximately 10 months and he requested that
the condition be amended to 48 parking spaces during the interim period of
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construction which should begin in June, 1995, and conclude in May, 1996.
Mr. Webb did not object with the request to amend Condition No. 7 as
requested. In reference to Condition No. 23, Use Permit No. 3549,
regarding a 5 foot corner cutoff at the northwesterly corner of 32nd Street
and Lafayette Avenue, Mr. Dunlap pointed out that the condition would be
in the Phase If portion of the project, and the Public Works Department
has indicated that as long as the landscaping planters in the area are no
higher than 18 inches or 24 inches that there would be no problem in
granting an easement or an encroachment. Mr. Webb explained that the
location would be considered a parkway area and landscaping is allowed in
parkways.
Mr. Chris Pauls, 502 "K' Street, Balboa, appeared before the Planning
Commission. Mr. Pauls addressed the church's future plans and its
commitment to the congregation and to the City. He expressed his
approval of the parking agreement that was approved by the City Council
on March 27, 1995.
David Anderson, Rector of St. James Church, appeared before the
Planning Commission. He stated that he came to the church as Pastor in
1987, and he addressed the Church's growth during the past 50 years.
Following a successful capital fund drive and after working with the
architect, the church expects to break ground in July, 1995.
There being no others desiring to appear and be heard, the public hearing
was closed at this time.
Commissioner Brown expressed his approval of the transfer of
Development Rights and shared parking, and he requested that similar
action be considered in the older business areas of the City.
Chairman Gifford concurred with Commissioner Brown's comments
regarding the effort that it took by the Church and the planning staff to
bring the project forward.
Motion was made and voted on to approve General Plan Amendment No.
:ion
*
*
*
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*
*
*
88-2(E) [Resolution No. 1385], Local Coastal Program Amendment No.
R1385
as
sent
36 [Resolution No. 1386], Amendment No. 818 [Resolution No. 1387],
R1386
R1387
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Use Permit No. 3549 as amended, Variance No. 1204, and Lot Line
Adjustment No. 95-2, subject to the findings and conditions in Exhibit "A",
as amended. MOTION CARRIED.
A. ENVIRONMENTAL DOCUMENT
Findings:
1. That the contents of the environmental document have been
considered in the various decisions on this project.
2. That in order to reduce adverse impacts of the proposed project, all
feasible mitigation measures discussed in the environmental
document have been incorporated into the proposed project.
3. That based upon the information contained in the Initial Study,
Negative Declaration and supportive materials thereto and that if
the mitigation measures are incorporated into the project, it will not
have the potential to significantly degrade the quality of the
environment.
4. That no cumulative impacts are anticipated in connection with this
project.
5. There are no known substantial adverse affects on human beings
that would be caused by the proposed project.
6. That the findings made in regard to the Environmental Document
described above also apply to the action taken on Use Permit No.
3549 and Variance -No. 1204.
Mitigation Measures:
1. Prior to issuance of a building permit for any expansion, a
General Plan Amendment and a Local Coastal Program, Land
Use Plan Amendment shall be approved by the City of Newport
Beach and the California Coastal Commission, redesignating the
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former Assistance League portion of the property for
Governmental, Educational and Institutional Facilities.
2. Prior to issuance of a grading or building permit the applicant shall
demonstrate to the Planning and Building Departments that all
appropriate structural and non-structural best management
practices will be incorporated into the project as required by the
National Pollutant Discharge Elimination System (NPDES)
Drainage Area Management Plan.
3. Prior to the issuance of a building permit for the planter wall, a
landscape plan for the planter wall shall be submitted for the
review and approval of the Planning Department. This
landscape plan shall incorporate both upright and cascading
landscape elements to soften the visual presence of the wall.
The landscaping shall be installed in conformance with the
approved plan prior to the building permit being finaled.
4. Prior to the issuance of any building permit, the applicant shall
demonstrate to the Building Department that the lighting system
shall be designed, directed, and maintained in such a manner as to
conceal the light source and to minimize light spillage and glare to
the adjacent residential uses. The plans shall be prepared and
signed by a licensed Architect or Electrical Engineer, with a letter
from the Architect or Engineer stating that, in his or her opinion,
this requirement has been satisfied
B. GENERAL PLAN AMENDMENT NO.88-2(E)
Adopt Resolution No.1385 (attached) recommending to the City
Council the adoption of General Plan Amendment No. 88-2(E),
amending the Land Use Element of the Newport Beach General
Plan so as to redesignate the easterly 114 feet of Lot 6, Tract
No.1117 from "Retail Service Commercial" use to "Governmental,
Educational, and Institutional Facilities" use.
C. LOCAL COASTAL PROGRAM AMENDMENT NO.36
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Adopt Resolution No.1386 (attached) recommending to the City
Council the adoption of Local Coastal Program Amendment No.
36, amending the Land Use Plan of the Newport Beach Local
Coastal Program so as to redesignate the easterly 114 feet of Lot 6,
Tract No.1117 from "Retail Service Commercial" use to
"Governmental, Educational, and Institutional Facilities" use.
D. AMENDMENT NO. 818
Adopt Resolution No.1387 (attached) recommending to the City
Council the approval of Amendment No. 818, amending a portion
of Districting Map No. 4 so as to reclassify the easterly 114 feet of
Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the
RSC-H District to the GET [0.5/.75] District.
E. USE PERMIT NO.3549
Findings:
1. That the existing and proposed facility is consistent with the Land
Use Element of the General Plan, the Local Coastal Program Land
Use Plan, and is compatible with surrounding land uses.
2. That adequate parking is proposed within the off -site parking areas
for both phases of the proposed development on the subject
property.
3. That the proposed development will not have any significant
environmental impact.
4. That the off -site parking areas are located so as to be useful in
conjunction with the church use.
5. That the proposed off -site parking will not create undue traffic
hazards in the surrounding area.
6. That one of the off -site parking areas is owned by the church and
the other is approved for the church's use in accordance with the
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terms of an approved off -site parking license agreement with the
City.
7. That the proposed bell tower and eight foot high cross, which are
in excess of 35 feet in height, are in keeping with the architecture
of the church and the surrounding area, and will not obstruct any
public or private view to the ocean or bay.
8. The transfer of development intensity will result in a more
efficient use of land or an increase in public visual open space.
9. The transfer of development intensity will result in a net benefit
to the aesthetics of the area.
10 The increased development on the site does not create abrupt
changes in scale between the proposed development and
development in the surrounding area.
11. The proposed uses and structures are compatible with the
surrounding area.
12. The increased development on the increased site will not result
in significant impairment of public views.
13. The increased site is physically suitable for the development
proposed taking into consideration site characteristics including,
but not limited to, slopes, submerged areas, and sensitive
resources.
14. The transfer of development intensity will not result in a net
negative impact on the circulation system.
15. The projections of traffic to be generated utilize standard traffic
generation rates generally applied to a use of the type proposed
per City Council Policy S-1.
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16. The proposed uses and physical improvements are such that the
approved projects would not readily lend themselves to
conversion to higher traffic generating uses.
17. That the design of the proposed improvements will not conflict
with any easements acquired by the public at large for access
through or use of property within the proposed development.
18. That public improvements may be required of a developer per
Section 20.80.060 & 20.82.050 of the Municipal Code.
19. That the application of the building bulk provisions contained in
Chapter 20.07 of the Municipal Code to the design of the
proposed sanctuary is inappropriate inasmuch as said provisions
were not established with churches in mind and further, that the
unique architectural style of churches are distinctly different
from the typical commercial building.
20. The approval of Use Permit No. 3549 will not, under the
circumstances of this case, be detrimental to the health, safety,
peace, morals, comfort, and general welfare of persons residing and
working in the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or the general
welfare of the City and further, that the modification to the Zoning
Code so as to allow a portion of the parking spaces within the
church owned off -site parking area to be tandem spaces will not be
detrimental to surrounding properties and is consistent with the
legislative intent of Title 20 of this Code.
Conditions:
1. That the proposed development shall be in substantial conformance
with the approved site plan, floor plan and elevations, except as
noted below.
2. That all improvements be constructed as required by Ordinance
and the Public Works Department.
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3. That the design of the parking lot shall conform with the City's
standards and further, that the parking, vehicular circulation and
pedestrian circulation systems for the project shall be subject to
further review by the City Traffic Engineer.
4. That all of the church staff shall park in one of the approved off -site
parking areas at all times, and the four tandem parking spaces
located in the church owned parking area shall be marked for staff
parking only.
5. That the required number of handicapped parking spaces shall be
designated within the church owned off -site parking area and shall
be used solely for handicapped self -parking. One handicapped sign
on a post and one handicapped sign on the pavement shall be
required for each handicapped space.
6. That the applicant shall comply with all terms and provisions of the
reciprocal parking license agreement approved by the City Council
at its meeting of March 27, 1995 so as to allow the church the use
City Hall
of 45 parking spaces within the parking area on
Saturdays, Sundays and holidays, from 7:00 a.m. to 6:00 p.m.
7. That a minimum of 48 parking spaces shall be provided in the
church owned off -site parking area during construction of Phase 1
of the proposed project. At the completion of Phase 2 of the
80 be in
project, a minimum of parking spaces shall provided said
parking area.
8. A landscape and irrigation plan for the project shall be prepared by
a licensed landscape architect. The landscape plan shall integrate
and phase the installation of landscaping with each phase of the
project. Prior to occupancy, a licensed landscape architect shall
certify to the Planning Department that the landscaping has been
installed in accordance with the approved plan.
9. That the lighting system for the proposed project, including the off -
be designed in to the
site parking area, shall a manner so as conceal
light source and minimize light and glare to the nearby residential
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properties. The lighting plans shall be prepared and signed by a
licensed Electrical Engineer, with a letter from the Engineer stating
that, in his opinion, this requirement has been met.
10. That no outdoor loudspeaker or paging system shall be permitted
in conjunction with the operation of the church. However, this shall
not preclude the use of electronic bells within the proposed bell
tower.
11. That the gross floor area of the proposed project shall not exceed
26,014 square feet and further, the building bulk provisions
contained in Chapter 20.07 of the Municipal Code shall not be
applied to the proposed sanctuary.
12. That the applicant shall obtain Coastal Commission approval of
the proposed project prior to the issuance of building permits.
13. That all conditions of approval for Variance No. 1204 and
Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled.
14. That the applicant shall prepare a complete soil and geologic
investigation report which shall include a liquefaction analysis.
15. That the applicant shall provide an additional fire hydrant to
service the property, the location of which will be determined
by the Fire Department.
16. The project shall be equipped with a fire alarm system and an
automatic fire sprinkler system.
17. That a Lot Line Adjustment be recorded prior to issuance of
any Building Permits unless otherwise approved by the Public
Works and Planning Departments.
18. That arrangements be made with the Public Works Department
in order to guarantee satisfactory completion of the public
improvements, if it is desired to record the Lot Line Adjustment
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or obtain a building permit prior to completion of the public
improvements.
19. That the proposed structure be set back along the 32nd Street
frontage so that it does not encroach into the 4 foot wide utility
easement located adjacent to and contiguous with the 32nd
Street right-of-way. The utility easement presently contains a
6" water main. That an Encroachment Agreement be executed
by the owner for any planters or other encroachments into the
easement and that all encroachments be reviewed and approved
by the Public Works Department and that there shall be no trees
planted within the easement area.
20. That each building be served with an individual water service
and sewer lateral connection to the public water and sewer
systems unless otherwise approved by the Utilities Department.
21. That the intersection of the parking lot drives, the alley and
Lafayette Avenue be designed to provide sight distance for a
speed of 25 miles per hour. Landscape, walls and other
obstruction shall be considered in the sight distance
requirements. Landscaping within the sight line shall not exceed
twenty-four inches in height. The sight distance requirement
may be modified at non -critical locations, subject to approval of
the Traffic Engineer.
22. That if it is desired to have a control gate at the parking lot
entrances, the design shall be reviewed and approved by the
Public Works Department and Fire Department.
23 That a 5 foot corner cutoff at the northwesterly corner of 32nd
Street and Lafayette Avenue be dedicated to the public.
24. That cracked or displaced sections of sidewalk caused by trees
planted on private property along the 32nd, Lafayette Avenue
and Via Malaga frontages be reconstructed along the church
and the parking lot frontages; that the unused drive approach on
Via Malaga be removed and replaced with curb gutter and
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sidewalk; that curb access ramps be constructed at the comer of
32nd Street and Lafayette Avenue; that the unused parking lot
drive approach on 32nd Street be removed and replaced with
curb, gutter and sidewalk and that the unused portion of the
drive approach on 31st Street be removed and replaced with
curb, gutter and sidewalk. That all work be completed under an
encroachment permit issued by the Public Works Department.
25. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control
and transportation of equipment and materials shall be
conducted in accordance with state and local requirements. A
traffic control plan shall be reviewed and approved by the
Public Works Department.
26. That overhead utilities serving the site be undergrounded to the
nearest appropriate pole in accordance with Section 19.24.140
of the Municipal Code unless it is determined by the City
Engineer that such undergrounding is unreasonable or
impractical.
27. That a fire protection system acceptable to the Fire Department
be installed by the developer and tested by the Fire Department
prior to storage of any combustible materials or start of any
structural framing.
28. That the Planning Commission may add to or modify conditions
of approval to this Use Permit or recommend to the City
Council the revocation of this Use Permit, upon a determination
that the operation which is the subject of this Use Permit,
causes injury, or is detrimental to the health, safety, peace,
morals, comfort, or general welfare of the community.
29. That this Use Permit shall expire unless Phase 1 of the proposed
construction is exercised within 24 months from the date of
approval as specified in Section 20.80.090A of the Newport
Beach Municipal Code.
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30. That the water line on 32nd Street on church property be relocated
in a manner acceptable to the Public Works Department, and that
the easement be abandoned if no other utility companies have
objections to the abandonment
F. VARIANCE NO. 1204
Findings:
1. That it has been demonstrated that the traffic to be generated by
the proposed church will not exceed that which would be
generated if a use generating 60 trip ends per 1,000 sq. ft. per day
and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a
floor area ratio of 0.5. Traffic generation shall be determined in
accordance with City Council Policy S-1.
2. That the projections of traffic to be generated utilize standard
traffic generation rates generally applied to a use of the type
proposed per City Council Policy S-1.
3. That the church sanctuary will be restricted to the gross floor area
and the number of seats in the sanctuary upon which the traffic
equivalency was based.
4. That the proposed use and physical improvements are such that the
approved project would not readily lend itself to conversion to a
higher traffic generating use.
5. That the increased development does not create abrupt changes in
scale between the proposed development and development in the
surrounding area.
6. That the proposed use and structures, are compatible with the
surrounding area.
7. That the increased development will not result in significant
impairment of public views.
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3. The lot line adjustment and grant deeds shall be filed concurrently
with the County Recorder and County Assessor's Offices.
4. That the approval of the Coastal Commission shall be obtained
prior to the issuance of a building permit.
ADDITIONAL BUSINESS:
Add' 1
Business
V al report from Planning Commission's representative to the
Econ is Development Committee.
Commissi er Brown presented a brief report regarding his
participation on the Economic Development Committee. The
EDC
organization consists of two main sub -committees:
—
Marketing/promo ' n and City Service. The task force committees
consist of restauran , hospitality, industry, boats and harbor, Business
Improvement Districts, nd a professional services task force. The City
Service Committee will re 'ew the procedures and policies that the City
has accumulated over many ars.
Assistant City Manager, Ken Deli o, introduced himself to the Planning
Commission and discussed the Eco mic Development Committee and
how their recommendations will be erged into the duties of the
Planning Department.
Requests for excused absences - None
ADJOURNMENT: 9:42 p.m.
Adjou.
GAROLD ADAMS, SECRETARY
NEWPORT BEACH PLANNING COMMISSION
i
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Planning Commission Meeting April 6. 1995
Agenda Item No. 6
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: A General Plan Amendment No. 88-2(B) (Public Hearing)
Request to amend the Land Use Element of the General Plan so as to
redesignate the subject property from `2tetail Service Commercial" use
to "Governmental, Educational, and Institutional Facilities" use, and
the acceptance of an environmental document.
0
B. Local Coastal Prooam Amendment No. 36 (Public Hearing)
Request to amend the Local Coastal Program Land Use Plan so as to
redesignate the subject property from "Retail Service Commercial" use
to "Governmental, Educational, and Institutional Facilities" use.
ff- OT ED
C. Amendment No 818 (Public Hearing)
Request to amend a portion of Districting Map No. 4 so as to reclassify
the subject property from the RSC-H District to the GEIF [0.5/.75]
District.
I`. CIE
D. Use Permit No 3549 (Public Hearing)
Request to allow the phased construction of a new church facility
including a 375 seat sanctuary, a small chapel, a parish hall with related'
kitchen, administrative offices, library and classrooms. The proposal
also includes a use permit to allow the transfer of development rights to
the church site, from property located- at the southwesterly corner of
32nd Street and Lafayette Avenue and the approval of a use permit so
as to allow a church tower and eight foot cross to exceed 35 feet in
height, the approval of an off -site parking arrangement, and the
approval of a modification to the Zoning Code so as to allow four
tandem parking spaces in the Phase 2 design of the off -site parking
area.
It
TO: Planning Commission - 2.
0
MINKM • �:.tM
Request to allow the proposed development to exceed .5 times the site
area on property with a .5/.75 variable Floor AreaRatio.
MM
G. Lot Line Adjustment No. 95-2 (public Hearing)
Request to permit a lot line adjustment so as to combine five existing
parcels of land into one parcel for church purposes, on property to be
zoned GEIF [0.5475].
LOCATION: Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot
6, Tract No.1117 located on the southwesterly corner of Via Lido and Via
Malaga. Off -Site Parking Location: Lots 7-12, 16-21, and portions of Lots 13
and 15, Block 530, Landcaster's Addition, located on the southwesterly corner
of 32nd Street and Lafayette Avenue, in the Central Newport.
ZONES: RMC and SP-6
APPLICANT: St. James Episcopal Church, Newport Beach
OWNER: Same as applicant
Applications
This item involves a request to amend the Land Use Element of the General Plan and the Local. Coastal
Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial"
use to "Governmental, Educational, and Institutional Facilities" use. The proposal also includes: a
request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the
RSC-H District to the GEIF [0.5/.75] District; a use permit to allow the phased construction of a new
church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen,
administrative offices, library and classrooms; a use permit to allow the trmaer of development rights
to the church site, from property located on the southwesterly corner of 32nd Street and Lafayette
Avenue; the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35
feet in height, the approval of a variance to allow the proposed development to exceed .5 times the site
area; the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in
the Phase 2 designofthe off -site parking area; the approval of an off -site parking arrangement; and the
approval of a lot be adjustment so as to combine 5 existing parcels into 1 parcel. General Plan and
Local Coastal Program amendment procedures are set forth in Council Policy Q-1. Amendment
procedures are set forth in Chapter 20.84 of the Municipal Code, use permit procedures are set forth
in Chapter 20.80 of the Municipal Code, variance procedures related to Floor Area Ratio provisions
are set forth in Chapter 20.82 of the Municipal Code, and lot line adjustment and modification
procedures are set forth in Chapter 20.81 of the Municipal Code.
r
TO: Planning Commission - 3.
Conformance with the (mineral Plan and the
Local Coastal Program Land Use Plan
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan currently
designate the original church site for "Governmental, Educational and Institutional Facilities" use. The
expanded church property, which includes the adjoining property to the west which was previously
owned by the Assistance League, and the southwesterly comer of 32nd Street and Layfette Avenue,
are designated "Retail and Service Commercial" and "Retail and Service Commercial and Industrial"
uses, respectively. Although the existing and proposed church use is a permitted use within the "Retail
and Service Commercial" designation, the applicant is requesting to reclassify the property previously
owned by the Assistance League from "Retail Service Commercial" use to "Governmental,
Educational and Institutional Facilities". Such a change, will classify the entire church facility as
"Governmental, Educational and Institutional Facilities".
Environmental Si ign ficance
In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and
City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the
information contained in the Initial Study, it has been determined that the project will not have a
significant effect on the environment. Therefore, a Negative Declaration has been prepared for the
project and is attached for the Planning Commission's information.
Subject Property and Surrounding Land Use
The subject property is comprised of two sites: the church facility site which includes the original
church facility and the expanded portions of the church which occupy buildings previously owned by
the Assistance League; and the off -site parking site which is located across 32nd Street and includes
the former Bank of Newport facility. To the north of the church facility site, across Via Malaga, is the
Christian Science Church and related parking; to the northeast, across Via Lido, is a parking lot and
office for the Lido Sailing Club; to the southeast, across Lafayette Avenue, is the Park Lido residential
condominium project; and to the south is the old Bank of Newport facility which the church uses for
meetings and conferences and an off -site parking area for the five story building located at 3388 Via
Lido.
Analysis
Existing church activities generally include Sunday worship services at 7:30 a.m., 9:00 a.m. and 10:45
a.m. and Sunday church school at 9:00 a.m. Midweek activities include a 12:00 noon worship service
and a variety of evening programs such as adult education and discipleship, youth programs, adult and
children choirs which are conducted between 7:00 p.m. and 10:00 p.m.
The applicant is proposing a two phased redevelopment of the existing church facility. Phase 1 which
is scheduled to begin this summer will include the removal of all buildings except the main church
building located on the easterly portion of the site, and the construction of a new two-story building
which will include a parish hall and related kitchen, a library, classrooms, a nursery, a pre-school,
administrative offices and reception, bathrooms and general storage. Phase 2, which is not expected
for six to eight years, will include the construction of a new 375 seat sanctuary, a small chapel, and a
TO: Planning Commission - 4.
choir rehearsal room. On the ground floor, the new sanctuary will be separated from the parish hall by
a large 1,500+ square foot courtyard which is oriented to 32nd Street which will be the main entrance
to the church. The courtyard and pedestrian areas adjacent to the parish hall will be enclosed by a 4
foot 6 inch high raised planter between the wall and the public sidewalk (see south elevation on Sheet
5 of attached plans). The architectural style of the project will be Mediterranean with composite, flat,
red roof tiles and stucco wall surfaces. The new sanctuary will have an average height of 30t feet and
a maximum ridge height of 34 feet. The new parish hall will have an average height of 24* feet and a
ridge height of 28f feet, as well as a central skylight which will have an average height of 32a: feet and
a maximum ridge height of 341 feet.
All of the proposed buildings conform to the 35 foot height limit for churches, with the exception of
the proposed bell tower and 8 foot cross which have it height of 50 and 58 feet, respectively. In
accordance with Section 20,02.080 of the Municipal Code, any church building in excess of 35 feet will
require a use permit for such a roof height, Staff has no objections to the proposed bell tower
inasmuch as it represents a very small portion of the church building and it is located adjacent to Via
Lido so as not to mininuze any possible problem with scale relationship with adjoining buildings and
view obstruction for the Park Lido Condominiums, It is stafl's further opinion that the proposed tower
is in keeping with traditional church architecture and acts as an important architectural focus for the
project. In the same regard, staff has no objections to the proposed 8 foot high cross on top of the
tower, inasmuch as it will be non -illuminated and be constructed of metal. ,
Floor Area Ratio Provisions
The Land Use Element also establishes area specific land use policies throughout the City. These "area"
policies set a floor area ratio (F.A.R) development limit of 0.5/0.75 FAR on the subject property.
Based on this requirement, the Base Development Allocation for the church site is 0,5 tunes the site
area or 13,007+ square feet (26,0144: sq,ft. x 0.5 =13,0071 sq.ft.). Staff has calculated the gross Hoot
area of the proposed church facility at 26,962f square feet or 1.036 FAR; however, the attached site
plan indicates the proposed gross floor area is 25,2204: square feet or .969 FAR in either case, the
proposed project exceeds the allowable Floor Area Ratio. It is believed that the difference between
staf's calculation of gross floor area and the applicant's is that the applicant did not include those
portions of the project which measure more than 18 feet from finished floor to the average height of
the roof above, as occupying two floor levels. As represented in the attached plans, the nave area of
the sanctuary includes an average height of 29f feet above the finished floor and the social hall
includes portions with an average roof height of 23 feet and 31 feet above finished floor. In the
building bulk provisions contained in Section 20.07.050 of the Municipal Code, the floor area within
these portions of the project should be counted twice. However, it should be noted that the building
bulk provisions were originally established with commercial buildings in mind and not churches. Due
to the unique aspects of church architecture, which often includes high, vaulted ceilings, it may not be
appropriate to apply the building bulk provisions to churches. This position is supported by the fact
that in accordance with Section 20.02.080 of the Municipal Code there is no attempt to control the
height of churches except to require a use permit if the building height exceeds 35 feet, Therefore, the
building bulk provisions and the height limit provisions seem to be somewhat in opposition. If the
Planning Commission were not to apply the building bulk provisions to the new sanctuary, the gross
floor area of the project would be 24,886+ square feet or 2,076 square feet less. For the purpose of
the following analysis, staff has used this reduced figure which does not apply the building bulk
provisions to the sanctuary.
TO: Planning Commission - 5.
In addition to the General Plan provisions, Chapter 20.07 of the Municipal Code classifies churches as
a Maximum FAR use which allows such uses to exceed the Base Development Allocation, up to 0.75
times the site area, subject to the approval of a variance as set forth in Section 20.82.020 D of the
Municipal Code. In accordance with said provisions, a variance may be approved to exceed the "Base
FAR" (0.5) up to the "Maximum FAR" (0.75), consistent with the provisions of the General Plan Land
Use Element and Section 20.07.040 and if all of the additional findings are made:
1. It has been demonstrated that the traffic to be generated by the proposed Maximum
FAR use will not exceed that which would be generated if a use generating 60 trip ends
per 1,000 sq.ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at
a floor area ratio of 0.5 Traffic generation shall be determined in accordance with City
Council Policy S-1.
2. The projections of traffic to be generated utilize standard traffic generation rates
generally applied to a use of the type proposed per City Council Policy S-1.
3. The building tenants would be restricted to the uses upon which the traffic equivalency
was based.
4. The proposed use and physical improvements are such that the approved project would
not readily lend itself to conversion to a higher traffic generating use.
5. The increased development, including above grade covered parking, does not create
abrupt changes in scale between the proposed development and development in the
surrounding area.
6. That the proposed use and structures, including above grade covered parking, are
compatible with the surrounding area.
7. The increased development, including above grade covered parking, will not result in
significant impairment of public views.
S. That the site is physically suitable for the development proposed, including above grade
covered parking, taking into consideration site characteristics including, but not limited
to, slopes, submerged areas, and sensitive resources.
Where development at an increased floor area ratio is approved, a covenant shall be recorded
which would bind the current and future property owners to the Maximum FAR uses upon
which the traffic equivalency for the higher floor area was based
Inasmuch as the proposed development exceeds the Base Development Allocation, the applicant is
requesting the approval of a variance to increase the allowable Floor Area Ratio from 0.5 to 0.75 as
permitted by Section 20.82.020 D of the Municipal Code. Staff has no objections to such an action,
inasmuch as a typical church use has a daily trip generation of less than 60 trips per 1000 sq.ft. and
peak hour traffic generation of less than 3 trips per thousand, and further, it is staffs opinion that all of
the above findings can be reasonably be made in conjunction with the proposed project.
TO: Planning Commission • 6.
Should the Planning Commission approve a development allocation of 0.75 times the site area
(19,510f square f)et), the proposed project would still exceed the specified floor area by
approximately 7,452E square feet based on staff's calculation of the gross floor area (26,96U sq.fl. -
19,510t = 7,452E sq.ff.). Therefore, the applicant is requesting approval to transfer 7,452E square
feet of development rights from the off -site parking lot to the church site. In accordance with the
provisions of Section 20.07.070 of the Municipal Code, transfer of development intensity from one
site to another may be permitted provided that the resulting floor area on the increased site does not
exceed 1.0 tines the site area and provided that the following findings are made in conjunction with the
approval of a use permit:
i. The transfer of development intensity will result in a more efficient use of land or an
increase in public visual open space.
2. The transfer of development intensity will result in a net benefit to the aesthetics of the
area.
3. The increased development on the site, including above grade covered parking, does
not create abrupt changes in scale between the proposed development and
development in the surrounding area.
4. The proposed uses and structures, including above grade covered parking, are
compatible with the surrounding area.
5. The increased development on the increased site, including above grade covered
parking, will not result in significant impairment of public views.
6. The increased site is physically suitable for the development proposed, including
above grade covered parking, taking into consideration site characteristics including,
but not limited to, slopes, submerged areas, and sensitive resources.
7. The transfer of development intensity will not result in a net negative impact on the
circulation system.
8. The projections of traffic to be generated utilize standard traffic generation rates
generally applied to a use of the type proposed per City Council Policy S-1.
9. The proposed uses and physical improvements are such that the approved projects
would not readily lend themselves to conversion to higher traffic generating uses.
Staff has no objections to a transfer of development, inasmuch as all of the above findings can be
reasonably be made in conjunction with the proposed project. However, inasmuch as the maximum
allowable gross floor area permitted on the increased site is 1.0, the maximum allowable transfer in this
case is a 6,504E square foot transfer. Such a transfer would increase the allowable development ofthe
site to 26,014 square feet of 1.01?AK Inasmuch as the project includes 24,8861 square feet, assuming
the building bulk provisions are not applied to the sanctuary, the proposed project will be less than 1.0
tunes the site area. Should the Planning Commission determine that the building bulk provisions
should be applied to the sanctuary, it will be necessary for the applicant to reduce the square footage of
the project by 9491 square feet or lower portions of the buildings which have a clear average height in
f
TO: Planning Commission - 7.
excess of 18 feet (parish hall and nave area of the sanctuary). Should the Planning Commission wish to
apply the building bulk provisions to the project and require the reduction in square footage, the
following finding and condition should be added to the attached Exhibit "A" as replacements to the
Finding No. 19 and Condition No. 11 of Use Permit No. 3549.
Finding 19. That the building bulk provisions as set forth in Chapter 20.07 of the Municipal
Code are appropriate in this case and should be applied to churches- that are
located within established commercial areas.
Condition 11. That the gross floor and/or the building bulk of the proposed project shall be
reduced so as not to exceed 26,014 square feet.
r000sed Zone Chance Amendment
The existing church site is currently zoned RSC-H. Although church uses are permitted within the
RSC-H District, subject to the approval of a use permit, the most appropriate zoning in order to be
consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use
Plan is GEIF. Therefore, staff has included a proposal to rezone the church site from the RSC-H
District to the GEIF District. Under the new zoning classification, the church would still be subject to
the approval of a use permit However, the GEIF District does not include a specific, allowable gross
floor area; therefore, it is necessary to designate the allowable base Floor Area Ratio on the Districting
Map. In light of the previous discussion which supports the transfer of development rights and the
approval of a variance in order for the applicant to achieve the desired Floor Area Ratio of 1.0, staff
suggests that a flexible FAR of GEIF [0.5/.75] be established for the site on the Districting Map. Such
a change would be consistent with the allowable Floor Area Ratios of surrounding commercial
properties.
ff-Street Parkina Reurrement
In accordance with Section 20.30.035 of the Municipal Code, churches are required to provide one
parking space for each three seats in the principal area of worship. Inasmuch as the existing church
was constructed at a time when there was no off-street parking requirement for churches, it is
considered to be pre-existing nonconforming relative to the off-street parking requirement. Historically,
the church has not provided any off-street parking; however, in the last few years, the church has
purchased the old Bank of Newport site which currently provides 50 off -site parking spaces.
In light of the fact that the off-street parking requirement is connected to the number of seats in the
sanctuary, and that the proposed project will be constructed in two phases -spanning six to eight years,
the required and proposed parking has been considered separately for each phase of the project.
During Phase 1, the existing 225 seat sanctuary will remain and approximately 19,000 square feet of
existing buildings used for classroom, offices and meeting rooms will be removed from the church site.
Technically, during Phase 1, the church is not required to provide any off-street parking inasmuch as
the pre-existing nonconforming sanctuary will remain; however, the church will continue to provide 50
parking spaces in the off -site parking lot.
In addition to their own off -site parking, the Church also obtained the City Council's approval of a
Reciprocal Parking Licenses Agreement on March 27, 1995 which will allow a shared parking
I*
TO: Planning Commission - 8.
arrangement between the City and the church. Under the terms of the agreement, the church will be
allowed to use 25 parking spaces on Saturdays and 45 parking spaces on Sundays and City Holidays,
within the City Hall parking areas shown on Exhibit " A" to the attached Reciprocal Parking License.
The hours of use for such parking will be from 7:00 am. to 6:00 p.m. In exchange for such parking,
the church agreed to allow the City to use 50 percent of the parking spaces located in the off -site
parking lot owned by the church between the hours of 7:00 am. and 6:00 p.m. Monday through
Friday. Based on the above figures stiff has prepared the following table which sets forth the proposed
Phase 1 parking for the church.
Church Off -Site Parking Location
City Hall Off -Site Parking Location
Total
Monde - Friday
Saturday - Sunday&Hofidays
Day
might
Day
Night
25
0
50
0
50
45
50
45
25
50
95
95
As indicated in the above table, 95 parking spaces will be available to the church oft Sunday mornings
which is their highest parking demand. If the existing church were built today, it would have a parking
requirement of 75 spaces, based upon one parking space for each 3 seats in the 225 seat sanctuary.
Therefore, the proposed Phase 1 parking exceeds that which would be required by the Municipal Code
on Sunday mornings.
Inasmuch as Phase 2 of the proposed project represents a total reconstruction of the church sanctuary,
the applicant will be required to meet the current off-street parking requirement for the new sanctuary.
Based on the parking formula of one parking space for each three seats, the 375 seat sanctuary will
require 125 parking spaces'. In order to satisfy this requirement, the applicant is proposing to remove
the old bank building from the church owned off-site.parldng area and redesign and expand the parking
lot to provide 80 parking spaces. Along with the 45 parking spaces provided in conjunction with the
reciprocal parking agreement with the City, a total of 125 parking spaces will be provided. The
following table sets forth the Phase 2 parking for the project.
Church Off -Site Parking Location
City Hall Off -Site Parking Location
Total
Monde - Friday
Saturday - Sunday & Holidays
Day
Might
Day
Night
40
0
80
0
80
45
80
45
40
80
125
125
It is also noted that the applicant is requesting approval of a modification to the Zoning Code so as to
allow four of the proposed parking spaces included in the Phase 2 design of the church owned off -site
parking area to be tandem parking spaces. Staff has no objections to such a proposal inasmuch as the
tandem spaces will be used by church staffwho typically arrive and leave the church facility before the
n The front sheet of the attached plans incorrectly indicates that the required off-street perking for the church is 90
parking spaces.
TO: Planning Commission - 9.
parishioners. The City Traffic Engineer has no objections to the tandem spaces provided that they are
marked for staff parking only.
Lot Line Adjustment
The subject property is currently comprised of five legal lots or portions of lots. In accordance with
the provisions of Section 20.87.090 of the Municipal Code, when a building site is comprised of more
than one parcel or lot and such building site has or intends to have a building cross over an existing
parcel or lot line, it is required that prior to the issuance of building permits, said parcels or lots must be
combined into a single parcel. In order to accomplish this, the applicant is requesting approval of a lot
line adjustment so as to combine the five lots into a single parcel of land. Staff has no objections.
nclusions and Specific Findings
Section 20.80.060 of the Municipal Code provides that in order to grant any use permit, the Planning
Commission shall find that the establishment, maintenance or operation of the use or building applied
for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City.
Section 20.82.020D of the Municipal Code requires specific findings be made in order to approve a
variance to allow a Maximum FAR use to exceed the Base Development Allocation. In the same
regard, Section 20.07.070 of the Municipal Code requires specific findings be made in order to allow
the transfer of development intensity from one sit to another.
The adoption and amendment to the General Plan is considered a legislative act on the part of the City,
and State Planning Law does not set forth any required findings for either approval or denial of a
General Plan Amendment. This also applies to amendments to the Local Coastal Program and Zoning
Ordinance.
Should the Planning Commission desire to approve this proposal, the findings, conditions and
suggested actions set forth in the attached Exhibit "A" are recommended. Staff has not included an
exhibit for denial of the subject applications inasmuch as we are unable to determine sufficient findings
for denial. However, the possibility remains that information may be provided at the public hearing
which may provide adequate basis for denial of the project should the Planning Commission wish to
take such an action.
PLANNING DEPARTMENT
James D. Hewicker, Director
By
W. William ward
Senior Planner
s
To: Planning Commission -10.
Attachments: Exhibit "A"
Vicinity Map
Negative Declaration
Resolution No. _ for General Plan Amendment No. 88-2(E)
Resolution No. _ for Local Coastal Program Amendment No. 36
Resolution No. _for Amendment No. 818
Reciprocal Parldng License Agreement between St. James Church and the City
Site Plan, Floor Plans and Elevations
TO: Planning Commission -11.
EXHIBIT "A°
FINDINGS AND CONDITIONS .AND ACTIONS FOR APPROVAL OF
GENERAL PLAN AMENDMENT NO 88-2(E), LOCAL COASTAL
PROGRAM AMENDMENT NO.36, AMENDMENT NO.818, USE PERMrf
NO.3549, VARIANCE NO. 1204, LOT LINE ADJUSTMENT NO.95-2
AND RELATED ENVIRONMENTAL DOCUMENT
A ENVIRONMENT
ALDOCUMENT
Findings:
1. That the contents ofthe environmental document have been considered in the various decisions
on this project.
2. That in order to reduce adverse impacts of the proposed project, all feasible mitigation
measures discussed in the environmental document have been incorporated into the proposed
project.
3. That based upon the information contained in the Initial Study, Negative Declaration and
supportive materials thereto and that if the mitigation measures are incorporated into the
project, it will not have the potential to significantly degrade the quality of the environment.
4. That no cumulative impacts are anticipated in connection with this project.
5. There are no known substantial adverse affects on human beings that would be caused by the
proposed project.
6. That the findings made in regard to the Environmental Document described above also apply
to the action taken on Use Permit No., 3549 and Variance No. 1204.
Mitigation Measures:
1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a
Local Coastal Program, Land Use Plan Amendment shall be approved by the City of
Newport Beach and the California Coastal Commission, redesignating the former
Assistance League portion of the property for Governmental, Educational and Institutional
Facilities.
2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning
and Building Departments that all appropriate structural and non-structural best management
practices will be incorporated into the project as required by the National Pollutant Discharge
Elimination System (NPDES) Drainage Area Management Plan
TO: Planning Commission -12.
3. Prior to the issuance of a building permit for the planter wall, a landscape plan for the
planter wall shall be submitted for the review and approval of the Planning Department.
This landscape plan shall incorporate both upright and cascading landscape elements to
soften the visual presence of the wall. The landscaping shall be installed in conformance
with the approved plan prior to the building permit being finaled.
4. Prior to the issuance of any building permit, the applicant shall demonstrate to the Building
Department that the lighting system shall be designed, directed, and maintained in such a
manner as to conceal the light source and to minimize light spillage and glare to the adjacent
residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical
Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this
requirement has been satisfied.
B. GEN M PLAN AMENDMENT NO 88-20
Adopt Resolution No. (attached) recommending to the City Council the adoption of
General Plan Amendment No. 88-2(E), amending the Land Use Element of the Newport
Beach General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from
"Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities"
use.
• •: '' •. ;sue MIm tr1� •
Adopt Resolution No,_ (attached) recommending to the City Council the adoption of
Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport
Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot 6, Tract
No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and
Institutional Facilities" use.
Adopt Resolution No.T (attached) recommending to the City Council the approval of
Amendment No. 818, amending a portion of Districting Map No. 4 so as to reclassify the
easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the RSC-
H District to the GEIF [0.5/.75] District.
E. USE PERMIT NO.3549
Findings:
1. That the adsting and proposed facility is consistent with the Land Use Element of the General
Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses.
2. That adequate parking is proposed within the off -site parking areas for both phases of the
proposed development on the subject property.
3. That the proposed development will not have any significant environmental impact.
TO: Planning Commission -13.
4. That the off -site parking areas are located so as to be useful in conjunction with the church use.
5. That the proposed off -site parking will not create undue traffic hazards in the surrounding area
6. That one of the off -site parking areas is owned by the church and the other is approved for the
church's use in accordance with the terms of an approved off -site parking license agreement
with the City.
That the proposed bell tower and eight foot high cross, which are in excess of 35 feet in
height, are in keeping with the architecture of the church and the surrounding area, and will not
obstruct any public or private view to the ocean or bay.
8. The transfer of development intensity will result in a more efficient use of land or an
increase in public visual open space.
9. The transfer of development intensity will result in a net benefit to the aesthetics of the
area.
10 The increased development on the site does not create abrupt changes in scale between
the proposed development and development in the surrounding area.
11. The proposed uses and structures are compatible with the surrounding area.
12. The increased development on the increased site will not result in significant impairment of
public views.
13. The increased site is physically suitable for the development proposed taking into
consideration site characteristics including, but not limited to, slopes, submerged areas,
and sensitive resources.
14. The transfer of development intensity will not result in a net negative impact on the
circulation system.
15. The projections of traffic to be generated utilize standard traffic generation rates generally
applied to a use of the type proposed per City Council Policy S-1.
16. The proposed uses and physical improvements are such that the approved projects would
not readily lend themselves to conversion to higher traffic generating uses.
17. That the design of the proposed improvements will not conflict with any easements
acquired by the public at large for access through or use of property within the proposed
development.
18. That public improvements may be required of a developer per Section 20.80.060 &
20.82.050 of the Municipal Code.
it
TO: Planning Commission 14.
19. That the application of the building bulk provisions contained in Chapter 20.07 of the
Municipal Code to the design of the proposed sanctuary is inappropriate inasmuch as said
provisions were not established with churches in mind and further, that the unique
architectural style of churches are distinctly different from the typical commercial building.
20. The approval of Use Permit No. 3549 will not, under the circumstances of this case, be
detrimental to the health, safety, peace, morals, comfort, and general welfare of persons
residing and working in the neighborhood or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City and further, that the
modification to the Zoning Code so as to allow a portion of the parking spaces within the
church owned off -site parking area to be tandem spaces will not be detrimental to surrounding
properties and is consistent with the legislative intent of Title 20 of this Code.
1. That the proposed development shall be in substantial conformance with the approved site
plan, floor plan and elevations, except as noted below.
2. That all improvements be constructed as required by Ordinance and the Public Works
Department.
3. That the design of the parking lot shall conform with the City's standards and further, that
the parking, vehicular circulation and pedestrian circulation systems for the project shall be
subject to further review by the City Traffic Engineer.
4. That all ofthe church staff shall park in one of the approved off -site parking area at all times,
and the four tandem parking spaces located in the church owned parking area shall be marked
for staff parking only.
5. That the required number of handicapped parking spaces shall be designated within the church
owned off -site parking area and shall be used solely for handicapped self-parldng. One
handicapped sign on a post and one handicapped sign on the pavement shall be required for
each handicapped space.
6. That the applicant shall comply with all two and provisions of the reciprocal parking license
agreement approved by the City Council at its meeting of March 27,1995 so as to allow the
church the use of 45 parking spaces within the City Hall parking area on Saturdays, Sundays
and holidays, from 7:00 am to 6:00 p.m.
7. That a minimum of 50 parking spaces shall be provided in the church owned off -site parking
area during Phase 1 of the proposed project. At the completion of Phase 2 of the project, a
minimum of 80 parking spaces shall be provided in said parking area
8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape
architect. The landscape plan shall integrate and phase the installation of landscaping with each
phase of the project. Prior to occupancy, a licensed landscape architect shall certify to the
TO: Planning Commission -15.
Planning Department that the landscaping has been installed in accordance with the approved
plan.
9. That the lighting system for the proposed project, including the off -site parking area, shall be
designed in a manner so as to conceal the light source and minimize light and glare to the
nearby residential properties. The lighting plans shall be prepared and signed by a licensed
Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement
has been met.
10. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the
operation of the church.
11. That the gross floor area of the proposed project shall not exceed 26,014 square feet and
further, the building bulk provisions contained in Chapter 20.07 of the Municipal Code shall
not be applied to the proposed sanctuary.
12. That the applicant shall obtain Coastal Commission approval of the proposed project prior
to the issuance of building permits.
13. That all conditions of approval for Variance No. 1204 and Newport Beach Lot Line
Adjustment No. 95-2 shall be fulfilled.
14. That the applicant shall prepare a complete soil and geologic investigation report which
shall include a liquefaction analysis.
15. That the applicant shall provide an additional fire hydrant to service the property, the
location of which will be determined by the Fire Department.
16. The project shall be equipped with a fire alarm system and an automatic fire sprinkler
system.
17. That a Lot Line Adjustment be recorded prior to issuance of any Building Permits unless
otherwise approved by the Public Works and Planning Departments.
18. That arrangements be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to record the Lot Line
Adjustment or obtain a building permit prior to completion of the public improvements.
19. That the proposed structure be set back along the 32nd Street frontage so that it does not
encroach into the 4 foot wide utility easement located adjacent to and contiguous with the
32nd Street right-of-way. The utility easement presently contains a 6" water main. That
an Encroachment Agreement be executed by the owner for any planters or other
encroachments into the easement and that all encroachments be reviewed and approved by
the Public Works Department and that there shall be no trees planted within the easement
area.
TO: Planning Commission -16.
20. That each building be served with an individual water service and sewer lateral connection
to the public water and sewer systems unless otherwise approved by the Utilities
Department.
21. That the intersection of the parking lot drives, the alley and Lafayette Avenue be designed
to provide sight distance for a speed of 25 miles per hour. Landscape, walls and other
obstruction shall be considered in the sight distance requirements. Landscaping within the
sight line shall not exceed twenty-four inches in height. The sight distance requirement
may be modified at non -critical locations, subject to approval of the Traffic Engineer.
22. That if it is desired to have a control gate at the parking lot entrances, the design shall be
reviewed and approved by the Public Works Department and Fire Department,
23 That a 5 foot corner cutoff at the northwesterly corner of 32nd Street and Lafayette
Avenue be dedicated to the public.
24. That cracked or displaced sections of sidewalk caused by trees planted on private property
along the 32nd, Lafayette Avenue and Via Malaga frontages be reconstructed along the
church and the parking lot frontages; that the unused drive approach on Via Malaga be
removed and replaced with curb gutter and sidewalk; that curb access ramps be
constructed at the corner of 32nd Street and Lafayette Avenue, that the unused parking
lot drive approach on 32nd Street be removed and replaced with curb, gutter and sidewalk
and that the unused portion of the drive approach on 31st Street be removed and replaced
with curb, gutter and sidewalk. That all work be completed under an encroachment
permit issued by the Public Works Department.
25. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagmen.
Traffic control and transportation of equipment and materials shall be conducted in
accordance with state and local requirements. A traffic control plan shall be reviewed and
approved by the Public Works Department.
26. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in
accordance with Section 19.24.140 of the Municipal Code unless it is determined by the
City Engineer that such undergrounding is unreasonable or impractical.
27. That a fire protection system acceptable to the Fire Department be installed by the
developer and tested by the Fire Department prior to storage of any combustible materials
or stark of any structural framing.
28. That the Planning Commission may add to or modify conditions of approval to this Use
Permit or recommend to the City Council the revocation of this Use Permit, upon a
determination that the operation which is the subject of this Use Permit, causes injury, or
is detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
TO: Planning Commission -17.
29. That this Use Permit shall expire unless Phase 1 of the proposed construction is exercised
within 24 months from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
F. VARIANCE NO. 1204
Findin s:
1. That it has been demonstrated that the traffic to be generated by the proposed church will not
exceed that which would be generated if a use generating 60 trip ends per 1,000 sq. ft. per day
and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5.
Traffic generation shall be determined in accordance with City Council Policy S-1.
2. That the projections of traffic to be generated utilize standard traffic generation rates generally
applied to a use ofthe type proposed per City Council Policy S-1.
3. That the church sanctuary will be restricted to the gross floor area and the number of seats in
the sanctuary upon which the traffic equivalency was based.
4. That the proposed use and physical improvements are such that the approved project would
not readily lend itself to conversion to a higher traffic generating use.
5. That the increased development does not create abrupt changes in scale between the proposed
development and development in the surrounding area.
6. That the proposed use and structures, are compatible with the surrounding area.
7. That the increased development will not result in significant impairment of public views.
8. That the site is physically suitable for the development proposed taking into consideration site
characteristics including, but not limited to, slopes, submerged areas, and sensitive resources.
Condition:
1. That all conditions of approval for Use Permit No. 3549 and Newport Beach Lot Line
Adjustment No. 95-2 shall be fulfilled.
G NEWPORT BEACH LOT LINE ADJUSTMENT NO.95-2
Findin s:
1. That the project site described in the proposal consists of legal parcels.
2. That no additional parcels will result from the lot line adjustment.
3. The project complies with the requirements of the California Environmental Quality Act.
TO: Planning Commission -18.
3. The project complies with the requirements ofthe California Environmental Quality Act.
4. The proposal is consistent with the General Plan and the Local Coastal Program Land Use
Plan.
5. The lot line adjustment, in and of itself, will not result in the need for additional
improvements and/or facilities.
Condiflonse
1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of
ownership shall be submitted to the Public Works Department for review.
2. Upon approval of the lot he adjustment, the lot line adjustment shall be submitted to the
Public Works Department for checking.
3. The lot line adjustment and grant deeds shall be Sled concurrently with the County Recorder
and County Assessor's Offices.
4. That the approval of the Coastal Commission shall be obtained prior to the issuance of a
building permit.
INNPL
ll! MAI Ml.a
•Ls•Te
OF FEET
M rs lfe eae
yICI1JITY MAC
�s1T�ir.ICIN6���
DISTRICTING MAP
A/PrIAT aFeru — rALIFORNIA
AGRICULTURAL RESIDENTIAL
SINGLE FAMILY RESIDENTIAL
DUPLEX RESIDENTIAL
RESTL MULTIPLE TAWLN RESIDENTIAL
COMBINING DISTRICTS
MULTIPLE RESIDENTIAL
LIGHT OOMMEROWL
GENERAL COMMERCIAL
MANUFACTURING
Re;auE 6RNG.: PRDPERTIG
RSC 6K 11.9.9f.
yratir M,MR DMNIbG - N00.TN
M DID NGNPaRT GIv D. ID
ORO. NO. GGY
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aMe"L FLAO AkAUWWX "I'moUe)
-WAL COASTAL PRWAKA AMENDME& MCI 360
AWAOM i e IJ, ? , V I2a4 Amp nSell
a T ® C1W OF NEWPORT BEACH
3300 Newport Boulevard • P.O. Box 1768
Newport&ach1 & 92658.8915
►,;,.,;; C 71995 (714) 644.3225
GARY L. GRANVILLE, Cady Clerk NEGATIVE DECLARATION
TO: Office of Planning and Research
L ds'J 1400 Teeth Street, Room 121
Sacramento, CA 95814
❑County Clerk, County of Orange
xx Public Services Division
P.O. Box 838
Santa Ana, CA 92702
83295
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beacly CA 92638•8915
(Orange County)
Date received for filing at OPR/County Clerk:
=Hcreviewpedod MAr,h A April 7., l4gr,
Name of Project: St. James Episcopal Church (GPA 88-2 (E] , LCP 36, UP 3549, V 1204,
Project Location: 3209 Via Lido, Newport Beach
Expansion of an existing church facility including a 375-seat
Project Description: sanctuary with tower and cross 58 feet high, chapel, parish hall an
related kitchen, offices, classrooms and administrative facilities.
Finding: Pursuant totbeprovisions orcity council Policy K-3 portaWngto procedures and guidelines to Implement
the California Environmental QualityAct, the Environmental Affairs Committee has evaluated the proposed project and
determined that the proposed project would not have a significant effect on the environmeaL
A copy of the Initial Study containing the analysis supporting this finding ist(attached ❑ on file at the Planning
Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental
impacts. This document will be considered by the decision -makers) prior to final action on the proposed project. If a
public hearing will be held to consider this project, a notice of the time and location is attached.
Additional plans, studies and/or exhibits relating to the proposed project maybe available for public review. If you
would at to examine these materials, you are Invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments sbould be submitted In writing
prior to the close of the public review period. Your comments should specifically identity what environmental impacts you
believe would result from the project, why they aresigoifican4 and what changes or mitigation measures you believe should
be adopted to eliminate or reduce these impacts. There is no fee for this appeal. if a public hearing will be held, you are
also invited to attend and testify as to the appropriateness of this document.
If you have any ques u or would like further information, please contact the a nndersignped at (714) 644.3225.
FILED Date 3/G� I aJI
John . D &s, AI
Enviro tal coor for MAR 0 7 1995
S
GAHMOKANVILIE;f • ac Of RNised
By — DEPUTY
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on
the application of St. James Episcopal Church for General Plan Amendment No. 88-2(E): Local Coastal
Program Amendment No 36• Use Permit No 3549• Variance No 1204• and Lot Line Adiustment No. 94-
18 on property located at 3209 Via Lido.
Rpquest to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as
to redehmate the subject property from "Retail Service Commercial" use to "Governmental. Educational, and
the approval of a lot line adjustment so as to combine 5 existing parcels into 1 parcel,
NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of
Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject
development will not result in a significant effect on the environment. It is the present intention of the City to
accept the Negative Declaration and supporting documents. This is not to be construed as either approval or
denial by the City of the subject application. The City encourages members of the general public to review and
comment on this documentation. Copies of the Negative Declaration and supporting documents are available for
public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92659-1768 (714) 644-3225.
Notice is hereby further given that said public hearing will be held on the 6th day of April 1995, at the hour of
7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, at which time and place any and all persons interested may appear and be heard thereon. If you
challenge this project in court, you may be limited to raising only those issues you or someone else raised at the
public hearing desa W in this notice or in written correspondence delivered to the City at, or prior to, the public
hearing. For information call (714) 644-3200.
Garold Adams, Secretary, Planning Commission, City of Newport Beach.
NOTE: The expense of this notice is paid from a Sling fee collected from the applicant.
per w*W549ptdoc
S
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: St. James Episcopal Church 832 9 D
2. Lead Agency Name and Address: City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
3. Contact Person and Phone Number. Bill ward (714) 644-3200
4. Project Location:
3209 Via Lido
Newport Beach, CA 92663
5. Project Sponsor's Name and Address: St. James Episcopal Church
3209 Via Lido
Newport Beach, CA 92663
6, General Plan Designation: 7, Zoning: RSC-H
Governmental, Educational & Institutional Facilities & Retail & Service Commercia
8, Description of Project: (Describe the whole action involved, including but not
limited to later phases of the project, and any secondary, support, or off -site
features necessary for its implementation. The phased construction of a new church
facility including a 375 seat sanctuary, a small chapel, a parish hall with
related kitchen, administrative offices, library and classrooms; a church tower
whichand 8 foot cross
ds the 35
arrangement', and alot liefoot
5 existing parcels iing
height limit; an off -site nto
1 parcel.
9. Surrounding Land Uses and Setting: (Briefly describe the project's
surroundings.)
The project is located in the Via Lido/City Hall area of the City, at the
head of the Balboa Peninsula. The site is surrounded by properties
developed with retail, office and church uses.
10. Other public agencies whose approval Is required (e,g„ permits, financing
approval, or participation agreement.)
California Coastal Commission
14AR 1, 71995
GARYL. GRAWLE, Courtly Clark
BY DEPUTY
FILED
MAR 0 7 1995
OARY L• GUNYUE, Clork-Raorder
qr� DEPUTY
1
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by
the checklist on the following pages.
❑ Land Use Planning ❑ Transportation/ ❑ Public Services
Circulation
❑ Population & Housing
❑ Geological Problems
❑ Water
❑ Biological Resources
❑ Energy & Mineral
Resources
❑ Hazards
❑ Utilities & Service
Systems
❑ Aesthetics
❑ Cultural Resources
❑ Air Quality
❑ Noise ❑ Recreation
❑ Mandatory Findings of
Significance
DETERMINATION (To be completed by the Lead Agency.)
On the basis of this initial evaluation:
1 find that the proposed project COULD NOT have a significant effect on the ❑
environment, and a NEGATIVE DECLARATION will be prepared.
1 find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A NEGATIVE DECLARATION will be prepared.
find that the proposed project MAY have a significant effect on the ❑
environment, and ENVIRONMENTAL IMPACT REPORT is required.
1 find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact"
or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain ❑
to be addressed.
`a
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case because
all potentially significant effects (a) have been analyzed adequately in an earlier
EIR pursuant to applicable standards, and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are ❑
Imposed upon the proposed project.
Si na re
Printed Name
.34/9s
Date
a�J
EVALUATION OF ENVIRONMENTAL IMPACTS:
I. LAND USE AND PLANNING.
Would the proposal:
a) Conflict with general plan designa-
tion or zoning? (source #(s): )
b) Conflict with applicable environ-
mental plans or policies adopted by agen-
cies with jurisdiction over the project?
c) Be incompatible with existing land
use in the vicinity? ( )
d) Affect agricultural resources or
operations (e.g. impacts to soils or
farmlands, or impacts from incompatible
land uses)? ( )
e) Disrupt or divide the physical
arrangement of an established community
(including a low-income or minority
community)? ( )
it. POPULATION AND HOUSING.
Would the proposal:
a) Cumulatively exceed official
regional or local population projections?
b) Induce substantial growth in an area
either directly or indirectly (e.g. through
projects in an undeveloped area of
extension of major infrastructure)? ( )
c) Displace existing housing, especially
affordable housing? ( )
❑
❑
®
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑ ❑ ❑
❑
❑
❑
IN
❑
❑
❑
❑ ❑ ❑ Is
4
III. GEOLOGIC PROBLEMS.
Would the proposal result in or expose
people to potential impacts Involving:
a) Fault rupture? ( )
b) Seismic ground shaking ( )
c) Seismic ground failure, including
liquefaction? ( )
d) Seiche, tsunami, or volcanic hazard? ( )
e) Landslides or mudflows? ( )
0 Erosion, changes in topography or un-
stable soil conditions from excavation,
grading, or fill? ( )
g) subsidence of the land? ( )
h) Expansive soils? ( )
t) Unique geologic or physical features? ( )
iV. WATER. Would the proposal result In:
a) Changes In absorption rates, drainage
patterns, or the rate and amount of surface
runoff? ( )
b) Exposure of people or property to water
related hazards such as flooding? ( )
c) Discharge into surface waters or other
alteration of surface water quality (em,
temperature, dissolved oxygen or turbid•
lty)? ( )
d) Changes in the amount of surface water
in any water body? ( )
e) Changes in currents, or the course or
direction of water movements? ( )
i) Change in the quantity of ground
waters, either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations or through
substantial loss of groundwater recharge
capability? ( )
PderAlaf f
Pamuoy Urk" Lta thM
sow"d MAVJOM slpnfnant NO
46d Incopaabd kv4d rid
❑
❑
M
❑
❑
❑
M
❑
❑
❑
®
❑
❑
❑
®
❑
O
O
O
M
❑
O
❑
M
❑
❑
❑
13
❑
O
❑
13
❑
❑
❑
13
❑
❑
Cl
Ri
❑
❑
®
❑
❑
❑
®
❑
❑
❑
❑
0
❑
❑
❑
19
❑
❑
❑
M
potectfary
S
UN*"
less men
cart
No
g. Altered direction or rate of flow of
❑
❑
❑
groundwater? ( )
h. Impacts to groundwater quality? ( )
❑
❑
❑
LM
t) Substantial reduction in the amount of
❑
❑
❑
19
groundwater otherwise available for public
water supplies? ( )
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or
❑
❑
❑
contribute to an existing or projected air
quality violation? ( )
b) Expose sensitive receptors to
❑
❑
❑
Is
pollutants? ( )
c) After air movement, moisture, or temp-
❑
❑
❑
13
erature, or cause any change in climate?
d) Create objectionable odors? ( )
❑
❑
❑
❑
VI. TRANSPORTATIOWCIRCULATION.
Would the proposal result in impacts
to:
a) Increased vehicle trips or traffic
❑
❑
®
❑
congestion? ( )
b) Hazards to safety from design features
❑
❑
❑
(e.g. sharp curves or dangerous
intersections) or imcompalible uses (e.g.
farm equipment? ( )
c) Inadequate emergency access or
❑
❑
❑
❑
access to nearby uses? ( )
d) Insufficient parking capacity on -she or
❑
®
❑
❑
off sne? ( )
e) Hazards or barriers for pedestrians or
❑
❑
❑
bicyclists? ( )
4 Conflicts with adopted policies
❑
❑
❑
supporting aftemalive transportation (e.g.
bus turnouts, bicycle racks)? ( )
g) Rail, waterbome or air traffic impacts?
❑
❑
❑
�1
6
VII, BIOLOGICAL RESOURCES.
Would the proposal result In impacts
to:
a) Endangered, threatened or rare species
or their habitats (Including but not Ilmited
plants, fish, insects, animals, and birds)?
b) Locally designated species (e.9.
heritage trees)? ( )
c) Locally designated natural
communities (e.g. oak forest, coastal
habitat, etc.)? ( )
d) Welland habitat (e.g. marsh, riparian
and vernal poop? ( )
e) Wildlife dispersal or migration
corridors? ( )
Vill. ENERGY ✓G MINERAL
RESOURCES
Would the proposal:
a) Conflict with adopted energy conserva-
tion plans? ( )
b) Use non-renewable resources in a
wasteful and inefficient manner? ( )
c) Result in the loss of availability of a
known mineral resource that would be of
future value to the region and the
residents of the stale? ( )'
VL HAZARDS.
Would the proposal involve:
a) A risk of accidental explosion or
release of hazardous substances
(Including, but not limited to: oil,
pesticides, chemicals or radiation)? ( )
b) Possible Interference with an
emergency response plan or emergency
evacuation plan? ( )
c) The creation of any health hazard or
potential health hazard? ( )
d) Exposure of people to existing sources
of potential health hazards? ( )
PotecthMr
hm
Svoc*rrtt Slpft" NO
Invod krod h"d
❑
❑
❑
M
❑
❑
❑
Im
❑
❑
❑
M
7
I7"]
I
C
u
F9
d
i
❑r.
❑
Q
❑
❑
❑rr
W.
5
.Y
R
potw9aly
powwy
tk4eas
Less Can
No
e
a) Development on or near a listed
❑
❑
❑
hazardous waste she pursuant to GOA
Code Sec. 85982.5? ( )
f) Increased fire hazard In areas with
❑
❑
❑
❑
flammable brush, grass, or trees? ( )
X. NOISE. Would the proposal result in:
a) increases In existing noise levels? ( )
❑
❑
®
❑
b) Exposure of people to severe noise
❑
❑
®
❑
levels? ( )
XI. PUBLIC SERVICES. Would the
proposal have an effect upon, or result in
a need for new or altered government
services in any of the following areas:
a) Fire protection? ( )
❑
❑
❑
b) Police protection? ( )
❑
❑
❑
c) Schools? ( )
❑
❑
❑
ZI
d) Maintenance of public facilities,
❑
❑
❑
including roads? ( )
e) Other governmental services? ( )
❑
❑
❑
XII. UTILITIES d. SERVICE SYSTEMS.
Would the proposal result in a need for
new systems or supplies, or substantial
alterations to the following utilities?
a) Power or natural gas? ( )
❑
❑
❑
12
b) Communications systems? ( )
❑
❑
❑
12
c) Local or regional water treatment or
❑
❑
❑
distribution facilities? ( )
d) Sewer or septic tanks? ( )
❑
❑
❑
e) Storm water drainage? ( )
❑
❑
❑
❑
f) Solid waste disposal? ( )
❑
❑
❑
13
g) Local or regional water supplies?( )
❑
❑
❑
❑ ��
8
Pa "aly Less own
Imped wed Mped kr"d
Xul. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic
❑
❑
❑
highway? ( )
b) Have a demonstrable negative
❑
12
❑
❑
aesthetic effect? ( )
c) Create light orglare? ( )
❑
❑
❑
d) Affect a coastal bluff? ( )
❑
❑
❑
❑
XiV. CULTURAL RESOURCES. Would
the proposal:
a) Disturb paleontological resources? O
❑
Ca
❑
13
b) Disturb archaeological resources? ( )
❑
❑
❑
c) Affect historical resources? ( )
CJ
❑
❑
IN
d) Have the potential to cause a physical
❑
❑
❑
d
change which would affed unique : t:.nic
or cultural values? ( )
e) Restrict existing rcitgious or sacred
❑
❑
❑
1:8
uses within the potential Impact area? ( )
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood
❑
❑
❑
or regional parks or other recreational
facilities? ( )
b) Affect existing recreational
❑
❑
❑
opportunities? ( )
XVI, MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to
❑
❑
❑
d
degrade the quality of the enytronment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major period of California
history or prehistory?
30
9 1r
b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals?
c) Does the project have Impads that are
Individually limited, but cumulatively
considerable? ('Cumulatively
considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable
future projects.)
d) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
XVII. EARLIER ANALYSES.
Pd«,wly
srgr joe
impact
11
Pdertlay
Srgntfl"
Unkxs Las than
Mitfgaeon svelc: i No
In=poraled mv3d knped
ED]
Isk
187
C
C'
S",
A
0
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process,
one or more effects have been adequately analyzed in an earner EIR or negative declaration.
Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) impacts adequately addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and stale
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mhigalion measures. For effects that are 'Less than Significant with Mitigation Incorporated;
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site -specific conditions for the project.
f:Mrin%PlanningV MO epVE IRFORM
3�
10
ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS
St. James Church Expansion
General Plan Amendment 88-2(E)
Local Coastal Program Amendment No. 36
Use Permit No. 3549
Variance No. 1204
Lot Line Adjustment No. 94-18
Protect Description
The proposed project, if approved, will allow for the phased construction of a new church facility
including a 375 seat sanctuary (with church tower and cross at a height of 58 feet), a small chapel,
and a parish hall with related kitchen, administrative offices, library and classrooms. The
applications under consideration are an amendment to the General Plan Land Use Element and the
Local Coastal Program, Land Use Plan to redesignate the property from Retail and Service
Commercial to Govennmental, Educatiolral, and Institutional Facilities; a Use Permit to allow
the church, allow the transfer of development rights to the church site from the site at the corner
of 32nd Street and Lafayette Avenue, and to allow the church tower and cross to exceed a height
of 35 feet; a Variance to allow the proposed use to exceed a Floor Area Ratio of 0.5; and a Lot
Line Adjustment to combine 5 lots into a single parcel.
This proposal includes the review and approval of conceptual site plans, floor plans and
elevations. Prior to the issuance of building permits, the constructions plans will be reviewed for
substantial conformance with these plans, if approved, as may be modified with adopted
mitigation measures and conditions of approval adopted by the City of Newport Beach.
Analysis
I. Land Use and Planning
Potential Impacts
The site is located in the City Hall commercial area. The site is comprised of the original church
facility area and the former Assistance League of Newport Beach property. The portion of the
site occupied by the original church facilities is designated for Governmental, Educational and
Institutional Facilities (GEIF), while the former Assistance League site is designated for Retail
and Service Commercial use. Amendments to the General Plan Land Use Element and Local
Coastal Program, Land Use Plan are proposed to change the land use designation of the
Assistance League portion of the property to the GEIF category.
The proposed land use is fundamentally the same as the existing land use, since the entire site is
currently used for church and related support uses. The project, if implemented, will allow for the
expansion and updating of the facilities. Uses in the vicinity of the project include other church
facilities, offices, retail stores, restaurants and residential. Residential uses are located across Via
rn% u1 ArAlph d «+atzi svlemiau 32
St. Jena Church rxpemion
Lido and in the high-rise 601 Lido Park Drive building. No land use conflicts are currently
experienced in the neighborhood, nor are any new conflicts anticipated as a result of project
implementation. The proposed amendments to the General Plan Land Use Element and the Local
Coastal Program, Land Use Plan will eliminate any conflicts with these documents.
The project is located in the Coastal Zone, and a Coastal Development Permit is also required.
The project site is not in an agricultural area and no agricultural resources will be affected by the
project.
The project site is contained within a single city block, and will not change the physical
arrangement of community, nor affect any low income or minority community.
Mitigation
Since the proposed project is inconsistent with the existing General Plan Land Use Element and
the Local Coastal Program, Land Use Plan, the following mitigation measure is required:
1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and
a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of
Newport Beach and the California Coastal Commission, redesignating the former
Assistance League portion of the property for Governmental. Educational and
Institutional Facilities.
Level of Significance
Compliance with the required mitigation measure will eliminate any significant impacts.
II. Population and Housing
Potential impacts
The proposed project is not residential, and will have no affect on regional or local population
projects, which are based on dwelling unit counts. No secondary growth in population will occur,
since the church will not add any employees as a result of the facility expansion. The project will
not displace any existing housing, since the project site is currently used as a church.
Mitip
gation
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
Env
2ironmenuJ Analpis Checklist Ea I=dions
SL Junes Church Expulsion t
-r
III Geologic Problems
Potential Impacts
The project site is currently developed as a church. All of the existing facilities will be demolished
and reconstructed. Therefore, ground disturbance, and potentially excavation and grading, will
occur.
There are no known active faults or areas of surface rupture within the site boundaries. However,
the site is located in the Newport -Inglewood Fault Zone, and numerous additional faults underlie
the Southern California region. Therefore, the project would be subject to groundshaking during
earthquakes, and potentially to surface rupture if a significant event occurred in close proximity to
the site. The exposure of this site, however, is considered to be of no greater level of hazard than
other sites in the vicinity, or the harbor area of Orange County generally.
The site is located in an area which is potentially subject to liquefaction and is, therefore, subject
to seismically induced ground failure.
Given the site's proximity to both Newport Bay (an enclosed body of water) and the Pacific
Ocean, the site could be subject to seiche or tsunami. The exposure of this site, however, is
considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of
Orange County generally. There are no known volcanoes in the Southern California area, so
there no potential impact from this hazard.
The site is completely flat and in an urbanized area. Therefore, no impacts are anticipated as a
result of landslides, mudflows, erosion, changes in topography or unstable soil conditions from
excavation, grading or fill.
The site is not in an area identified for potential ground subsidence or expansive soils, so no
impacts are anticipated from these hazards.
The site is flat and currently completely developed, with no unique geologic or physical features.
iti ati
The City Excavation and Grading Code (NBMC Sec. 15.04.140) contains requirements for
geotechnical evaluation and erosion control methods to ensure that any future grading is done in such a
manner as to nunhnize the potential for erosion or unstable conditions.
Compliance with Building Code structural requirements would ensure that buildings are designed to
withstand expected levels of groundshaking during earthquakes.
No additional mitigation is required.
Env(ronnmul Aulpit C wUM ExpiMuiaa
St JMM churhh E*Vulon
Level of Significance
Compliance with the requirements of the Excavation and Grading Code and Building Code would
reduce potential impacts below the level of significance.
IV. Water
Potential Impacts
While old buildings will be demolished and reconstructed, the actual use of both the church
facility area and the parking areas will not be different from the current use upon completion of
the proposed project. Therefore, there will be no changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff.
The project site is in close proximity to both Newport Bay and the Pacific Ocean. Therefore, there
is some risk of exposure of people and property to flooding. The exposure of this site, however,
is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area
of Orange County generally.
During construction of the proposed project, there is some potential for impacts to water quality
including soil erosion, spillage or leakage of fuel or oil from construction equipment. and
construction debris, which could be washed into the ocean or Newport Bay via the storm drain
system. After completion of the project, pollutants from parking areas (such as coolant, oil and
grease drippings), and fertilizers and pesticides from landscaped areas could be washed into
surface waters. The later impact, would be substantially the same as from the existing
development, so no additional impacts are anticipated.
The project is a small, in -fill development in an urbanized area, and does not involve the discharge
of water as a result of the land use. Therefore, there are no impacts anticipated from changes in
the amount of surface water in any water body; changes in the currents, or the course of direction
of water movement; change in the quantity of ground water; alteration of the direction or rate of
flow of ground water; change to ground water quality; or the reduction of the amount of
groundwater available for public water supplies.
Mitigation
All grading activities are required to comply with the erosion control provisions of the City's
Excavation and Grading Code (NBMC Sec. 15.04.140). In addition, the following mitigation measure
is recommended.
Z Prior to isviance of a grading or building permit the applicant shall demonstrate to the
Planning mid Building departments that all appropriate smictural mid non-structural best
management practices will be incorporated into the project as required by the National
Pollutant Discharge Elimination System (NPDFS) Drainage Area Management Plan.
-�
4 EnsironrnrnWl Malisis Checkliu Explanatiats
SL James Church Expansion
1•
Level of Significance
The requirements of the Excavation and Grading Code and the recommended mitigation measure
would minimize pollutant tunoffand would reduce potential impacts below the level of significance.
V. Air Quality
Potential Impacts
The size of the project does not exceed the threshold of potential significance established by the
South Coast Air Quality Management District. Additionally, the character and nature of the land
will not result in any discharge into the air other than typical venting of buildings and occasional
food preparation activities. Therefore, the project will not violate any air quality standard;
contribute to an air quality violation; expose sensitive receptors to pollutants; alter air movement,
moisture or temperature; cause any change in climate; or create objectionable odors.
Mitigation
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
VI. Transportation/Circulation
Potential Impacts
The overall floor area of the church facilities will increase by 6,328 sq.11. Using the traffic
generation rates in the Newport Beach Traffic Model, this will result in an additional 158.2 daily
trips from the new facility. The Newport Beach Traffic Phasing Ordinance established a
significance threshold of 300 average daily trips before expanded traffic analysis is required.
Therefore, no significant effects from increased is anticipated as a result of the new development.
The project is the demolition and reconstruction of an existing land use. No changes to
emergency access will occur.
Parking for the project will be provided through a combination of an existing parking lot across
32nd Street from the church facility and other off -site parking available in the City Hall complex.
An off -site parking agreement with the City of Newport Beach has been approved. Through this
combined parking arrangement, the amount of parking required by the Newport Beach Municipal
Code will be provided for the new development. Therefore, no impacts are anticipated in the area
of parking.
Eevirm wtat Amlysit cnawid EVIA Wiam 3�
s6 rum chura Evwlm
The project is the reconstruction of an existing facility. As a result, there will be no changes or
impacts in the areas of hazards or barriers for pedestrians or bicyclists; conflicts with adopted
policies supporting alternative transportation; or rail, waterborne, or air traffic impacts.
Mitigation
No mitigation is required.
Level of significance
No significant impacts are anticipated.
VIL Biological Resources
Potential Impacts
The proposed project is the phased reconstruction of an existing facility in an urbanized area.
Therefore, no impacts are anticipated on biological resources, including endangered, threatened,
or rare species or their habitats; locally designated species or natural communities; wetland
habitat; or the dispersion of wildlife and wild life corridors.
iti ation
No mitigation is required.
Level of significance
No significant impacts are anticipated.
VI L Energy & Mineral Resources
Potential Impacts
The project is a small, in -fill redevelopment of an existing land use. Implementation of the project
will not conflict with any adopted energy conservation plans; use non-renewable resources in a
wasteful and inefficient manner, or result in the loss of known mineral resources of value to the
region and the residents of the state.
iti ati n
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
Ern$oamenUlAnalysis CheeklistExplanations
SL lama Church Expansion
IX. Hazards
Potential Impacts
The proposed project is a church with related facilities located in a developed commercial area.
Surrounding land uses are light commercial and office uses, other church facilities, and residential.
No hazardous materials will be associated with the project, nor are there any known sources of
hazardous materials in the vicinity of the project. As a result, no potential impacts are anticipated
from accidental explosion or release of hazardous substances; interference with an emergency
response plan; the creation of any health hazard or potential health hazard; the exposure of people
to existing sources of potential health hazards; the development on or near a listed hazardous
waste site; or increased fire hazard in areas with flammable brush, grass, or trees.
Miti ae lion
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
X. Noise
Potential Impacts
The project will generate increased noise levels during demolition and construction activities.
Since the use will be substantially the same after implementation of the project, no changes to the
ambient noise levels are expected in the vicinity of the project after completion. Any construction
activity would be required to comply with the noise limitations in the City's Noise Ordinance (NBMC
Chapter 10.28) and would be restricted to the hours of 7:00 a.m. to 6:30 p.m. weekdays and 8:00 a.m.
to 6:00 p.m. Saturdays. No construction that produces loud noise is permitted on Sundays or holidays.
di ation
The hours of construction operations established by the Noise Ordinance would substantially reduce
potential impacts to noise -sensitive uses in the area during construction. No other mitigation measures
are proposed.
Level of Significance
Existing restrictions on construction hours, combined with the temporary nature of construction noise,
would reduce construction noise impacts below the level of significance.
Enkim �xnul MilydS OwUst Expiwaar 3g
st Anus cWMh ERusion ,
...._ _._......
XL Public Services
Potential Impacts
The proposed project is the phased demolition and reconstruction of an existing land use. No
significant changes to the use of the property or the services provided on the property are
anticipated. Therefore, no changes to the demand for public services will be needed in any of the
following areas: fire protection, police protection, schools, maintenance of public facilities
including roads, or other governmental services.
ti ation
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
XIL Utilities & Service Systems
Potential Impacts
The proposed project is the phased demolition and reconstruction of an existing land use. No
significant changes to the use of the property or the services provided on the property are
anticipated. Therefore, no changes to the demand for utility services will be needed in any of the
following areas: power or natural gas, communications systems, local or regional water treatment
of distribution facilities, sewers, storm water drainage, solid waste disposal, or local or regional
water supply.
ti ation
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
X111 Aesthetics
While the proposed project is a phased demolition and reconstruction of an existing facility, the
project floor area will increase by an estimated 6,328 sq.ft., or a 32% increase. The proposed
project will also change the visual presence of the facility through the addition of a 58 foot high
church tower and cross with architectural lighting as well as the installation of a property line
fence/planter on the 32nd Street property line. In many places along the exterior property lines of
the site, the existing buildings are either set back or are one story elements. The new project will
8 Ensinoanx�nUl Analysis ChmklW Explaud=
St James Church Expansion
present greater visual mass, as well as place more prominent structures on or near the exterior
property lines. In reviewing the site plan, the area of greatest concern js the visual aesthetics of
the 32nd Street edge, since it is on a highly traveled local collector street and the project site is
nearly 300 feet long on this side property line. This is the elevation which includes the dual
fencelplanter,
Unless appropriately softened by landscape elements, this wall could present a harsh edge to
pedestrians traveling along 32nd Street, as well as motorists in the vicinity.
The proposed project is not located on a scenic highway and is not located within a scenic vista.
Therefore, no adverse effects are anticipate in these areas.
The project may have an adverse negative aesthetic effect along the 32nd Street frontage as
described above.
The project will create new light from the proposed architectural lighting proposed for the new
church tower.
The project is not located on or near to any coastal bluffs, so no adverse effects are anticipated in
this area.
Mitigation Measures
The potential aesthetic impact which may occur with the installation of the property line planter
wall could be mitigated if both upright and cascading landscape elements are incorporated into the
design. This would soften both the overall height of the wall as well as visual presence of the
long, 5 foot high stucco wall located on the property line. The following mitigation measure
would ensure reduction of this possible impact to a less than significant level:
3. Prior to the issuance of a building permit for the planter wall, a landscape platy for the
planter wall shall be submitted for the review and approval of the Planning Department.
This landscape plan shall incorporate both upright and cascading landscape elements to
soften the visual presence of the wall. The landscaping shall be installed in conformance
with the approved plan prior to the building permit being finalled
The following mitigation measure is recommended to insure a less than significant impact from
any architectural lighting of the building proposed:
4 Prior to the issuance of any building permit, the applicant shall demonstrate to the Building
Department lhat the lighting system shall be designed directed and maintained in such a
manner as to conceal the light source aril to minimize light spillage and gkire to the adjacent
residential noes Thepkm shall be prepared a» d sig»ed by a licensed Architect or ElectrlcaI
Engineer, with a letter from the Architect or Engineer stating that, It: his or her opinion, this
requirement has been satisfied
sc Jim" cWMh r.V%„O ,
Level of Significance
The recommended mitigation measure will ensure that potential adverse aesthetics effects are less than
significant.
IV. Cultural Resources
Potential Impacts
The project site is not located in an area where archeological or paleontological resources have been
discovered in the past, and none are expected due to the developed nature of the site. Therefore the
project is not anticipated to disturb any of these resources.
The buildings, while old, are not of a unique nature or represent a historical resource. No impacts to
historical resources would result from project implementation.
As an already developed site, the project has no potential to affect unique ethnic or cultural values.
The proposed project is a church and is the existing use of the property. The project will provide for
the continuance of the existing religious and sacred use of the property.
Mitigation
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
A'V. Recreation
Potential Impacts
The proposed project is not in a recreation area, and will not generate demand for recreational
programs of facilities. The quality and quantity of recreational resources will, therefore, not be
impacted by the project.
i i atio
No mitigation is required.
Level of Significance
No significant impacts are anticipated.
lQ EnvirmunrnW Mal)sis Checklist F.Vhwations ` \
SL Jama Church Expansion .
Mandatory Findin2s of Shmificance
1. On the basis of the foregoing analysis, and with the Incorporation of the mitigation measures
listed, the proposed project does not have the potential to significantly degrade the quality of
the environment.
2. There are no long-term environmental goals that would be compromised by the project.
3. The project does not have any impacts which are considered cumulatively significant, nor will
the specific impacts listed, on a cumulative basis, result in any unidentified or new impacts.
4. There are no known substantial adverse affects on human beings that would be caused by the
proposed project.
PLT..P:1WMDOWSTLAWINCU,kM- 1EDUSl-AIS.DOC
11 Envira,mmutM+ryrisCho&JidExpluwtaw
St Jana Church Eapamian
VICINITY MAP
GPA 88 - 2 (E)
City of Newport Beach
Advance Planning
February 6.1995
ResolutionNo.—
ARIISOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH RECOMMENDINGTO THE
CITY COUNCIL THE ADOPTION OF GENERAL PLAN AMENDMENT 88-2(E)
AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH
GENERALPLAN, SO AS TO REDESIGNATE THE EASTERLY 114 FEET
OF LOT 6. TRACTNO. 1117 FROM"RETAIL AND SERVICE COMMERCIAL"
TO "GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES" USES
WHEREAS, as part of the development and Implementation of the Newport Beach
General Plan the Land UseEiemedhas been prepared; and
WHEREAS, said element of the General Plan sets forth objectives, supporting policies
and limitations fordevelopment In the City ofNewport Beach; and
WHEREAS, said element of the General Plan designates the general distribution and
general location and extent ofdic uses of tend and building intensities in a number of ways, including
residential land use categories and population projections, commercial floor arealimitatlom, and floor
area ratio ordinance; and
WHEREAS, the ]and Use and Circulation Elements are correlated as required by
California planning law, and
WHEREAS, -the provisions and policies of the Land Use and Circulation Elements am
further implemented by the traffic analysis procedures of the Tragic Phasng Ordinance and the
Implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance,
and
WHEREAS, pursuant to Section 707 of the Chatter of the City of Newport Beach,
the Planning Commission has held a public hearing to consider a certain amendment to the Land -Use
Element of the Newport Beach General Plan; and
project; and
WHEREAS, the proposed project is compatible with the surrounding land uses; sod
WHEREAS, the circuladolt system will not be significantly impacted by the proposed
WHEREAS, pursuant to the California Enviromnental Quality Act an Initial Study has
been conducted to evaluate the potential environmental impacts of the proposed project. The Initial
Study concluded that the project could not have a significant effect on the environment, therdae a
Negative Declaration has been prepared.
44
or I
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City ofNewport Beach that an amendment to the General Plan of the Newport Beach Municipal Code
be recommended to the City Council for approval as follows:
That the land use designation for the property located on the northerly side of 32nd Street
between Villa Way and Via Lido, more particularly described as the easterly 114 feet of Lot 6, Tract
No. 1117 shall be changed from "Retail and Service Commercial" to "Governmental, Educational and
Instil
Anne
bM6
Resolution No.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORTBEACH R13COMty MING TO THE
CITY COUNCIL THE ADOPTION OF LOCAL COASTAL PROGRAM
AMENDMENT NO.36, AMENDING THE LOCAL COASTAL PROGRAM
LAND USE PLAN, SO AS TO REDESIGNATE THE EASTERLY 114 FEET
OF LOT 6, TRACTNO.1117 FROM "RETAIL AND SERVICE COMMERCIAL"
TO "GOVERNMENITAL, EDUCATIONAL AND 1NST1TIITIONAL FACILITIES" USES
WHEREAS, the Coastal Act of 1976 requires the City of Newport to prepare a local
coastal program; and
WHEREAS, as part of the development and implementation of the Coastal Act, a
Local Coastal Program Land Use Plan has been prep"; and
WHEREAS, said Land Use Plan sets forth objectives and supporting policies which
serve as a guide for future development in coastal areas of the City ofNewport Beach; and
WHEREAS, the Planning Commission has held a duly noticed public hearing to
consider a certain amendment to the Land Use Plan of the Newport Beach Local Coastal Program; and
WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has
been conducted to eveluate4he potential environmental impacts of the proposed project. The Initial
Study concluded that the project could hot have a significant effect on the environment, therefore a
Negative Declaration has been prepared
NOW, THEREFORE, BE IT RESOLVED by the Planning Convulssion of the City of
Newport Beach that all changes necessary to reflect the amendments adopted in General Plan
Amendment 88-2(B) be incorporated Into the Newport Beach Local Coastal Program, Land Use Plan
as follows:
That the land use designation for the property located on the northerly side of 32nd Street
between VSIa Way and Via Lido, more patticulady described as the easterly 114 feet of Lot 6, Tract
No. 1117 shall be changed Gam "Relaii and Service Commercial' to "Govermneutal, Educational and
Institutional Facilities" uses,
�b
F
ADOPTED this 6th_ day of Ap-n:—] MS.
AYES
NOES-
ABSENT
-
Anne Gifford, Chairman
Garold B. Adams, Secretary
bIU�WuwdVryl6ln
4�
Resolution No. _
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OFNEWPORT BEACH RECOMMENDING TO
THE CrrY COUNCIL THE APPROVAL OF AMENDMENT NO. 818,
AMENDING A PORTION OF DISTRICTING MAP NO.4 SO AS TO
RECLASSIFY THE EASTERLY 114 FEET OFLOT 6, TRACT NO.1117
AND LOTS 1197-1200, TRACT NO.907, Mom THE RSC-H DISTRICT
TO THE GEIF [0.51.75] DISTRICT.
WHEREAS, Section 20,84.010 of theMunic3pal Code of the City ofNewport Beach provides
that Title 20 (tie Zoning Code) may be amended by changing the zoning designation of Districts and
other provisions whenever the public necessity end convenience and the public weifhre require such
amendment; and
WHEREAS, the Planning Commission has recommended to the City Council the adoption of
General Plan Amendment No. 88-2 (E) and Local Coastal Program Amendment No. 36 so as to
change the land use designation on a portion of the subject properly more particularly described as the
easterly 114 feet of Lot 6, Tract No. 1117, from "Retail and Service Commercial" to "Governmental,
Educational and Institutional Facilities" uses; and
WHEREAS, lend use decisions are legally required to be consistent with the Citys General
Plan and Zoning; and
WHEREAS, In conjunction with the consideration of the above referenced amendments to the
General Plan and Local Coastal Program Land Use Plan, the Planning Commission concluded that the
project could not have a significant effect on the environment and therefore approved a Negative
Declaration, and
WHEREAS, pursuant to Section 20.94.30, the Planning Commission has held a duly noticed
public hearing to consider Amendment No. 818 to Title 20 of the Newport Bach Municipal Code
amending a portion ofDistriaing Map 4; and
WHEREAS, the Planning Commission desires to recommend that the City Council approve
Amendment No. 819 to Tide 20 of the Newport Bach Municipal Code amending a portion of
District ng Msp, No. 4.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Newport Beach does hereby recommend that the City Council approve Amendment No. 818, to Title
20 to the Newport Beach Municipal Code, amending Districting Map No. 4 as follows:
That the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 shall be
reclassified from the RSC-H District to the GEIF [0.5/.75] District.
ADOPTED this _OA day of Anri1,1995.
AYES
NOES
ABSENT
Anne Gifford, Chairman
Garold B. Adams, Secretary
a>t..w,es,emue
14�1
RECIPROCAL PARKING LICENSE AGREEKENT
I. DATE AND PARTIES
This Reciprocal Parking License Agreement ("Agreement")
is made this day of , 1995, by and between
City of Newport Beach, a California municipal corporation
("City") and The Rector, Wardens and Vestrymen of St. James
Parish in Newport Beach, California, a California nonprofit
corporation ("Church").
II. PROPERTIES
A. City Property
City is the owner of those certain parking lots
located on the easterly and northeasterly side of the
Newport Beach City Hall at 3300 Newport Boulevard , Newport
Beach, as depicted on Exhibit A attached to this Agreement
(the "City Property").
B. Church Property
Church is the owner of that certain parking lot
located adjacent to the southwesterly corner of 32nd Street
and Lafayette Avenue, Newport Beach, as depicted on Exhibit
B attached to this Agreement (the "Church Property").
III, RECITALS
A. City is desirous of securing the right to the sole
use of additional parking spaces in the vicinity of the City
Hall for employee or visitor parking during weekday business
hours, but has available unused parking spaces at the City
Hail on weekends and City holidays.
B. Church, by proceeding with plans to redevelop its
church facilities located at 3209 Via Lido, Newport Beach,
will increase its need for parking on weekends, but has
available unused spaces on Church Property during weekday
business hours.
WJT.3/26/95
S6
C. Parking spaces within the City Property are
compatible both in location and timing of use with the
parking needs of Church, in that (i) they are in reasonably
close proximity to the planned redeveloped facilities of
Church, and (ii) the timing of Church hours of maximum
parking needs, primarily on Sundays and holidays,
prevents two uses of the spaces, by City and Church, from
occurring simultaneously.
D. Parking requirements under the Newport Beach
Municipal Code applicable to the planned redevelopment of
Church facilities will be satisfied by the combination of
Church's planned expansion of its on -site parking
facilities, as shown on Exhibit C attached to this
Agreement, and its license to use additional parking spaces,
as described in this Agreement.
E. The parties find it mutually beneficial to
establish reciprocal licenses for pedestrian and vehicular
ingress and egress to and from, and for parking on, each of
their respective properties, in the areas depicted on
Exhibits A and B. The purpose of this Agreement is to set
forth the terms and conditions of the reciprocal parking
licenses.
IV. RECIPROCAL PARKING LICENSES
For valuable consideration, receipt of which is hereby
acknowledged, City and Church hereby license the other to
use a portion of their respective properties, as depicted on
Exhibits A and B, attached, for pedestrian and vehicular
ingress and egress, and for parking, as described below.
A. City Use Of Church Property
City shall have a license for the sole use of 50%
of the total number of available Church Property parking
spaces, in the location depicted on Exhibit B, on Monday
through Friday, but excluding City holidays, between the
hours of 7 a.m. and 6 p.m. This license does not include the
right to engage in any storage, overnight or long-term
parking of vehicles, or parking of trailers or equipment, on
the Church Property.
5l
B. Church Use Of City Property
Church shall have a license for the sole use of
twenty-five parking spaces on Saturdays, and forty-five
parking spaces on Sundays and City holidays, in the location
depicted on Exhibit A, between the hours of 7 a.m. and 6
p.m.. This license does not include the right to engage in
any storage, overnight or long-term parking of vehicles, or
parking of trailers or equipment, on the City Property.
V. EFFECT OF CONSTRUCTION OR RECONFIGURATION OF PARKING
A. City Property
church's license to use twenty-five parking spaces
on Saturdays and forty-five parking spaces on Sundays and
City holidays, shall be subject to City's right to engage in
any necessary temporary construction or repair, or the
reconfiguration of parking, within the area of the City
Property designated for use by Church. City shall be
obligated to provide Church with reasonable prior written
notice of such temporary construction or repair, or of such
reconfiguration. City shall provide Church with the same
number of alternative parking spaces as equals the number of any
parking spaces eliminated by such construction, repair or
reconfiguration, and such spaces shall be in as convenient a
proximity to Church facilities as is reasonably feasible.
B. Church Property
Approximately fifty-one marked parking spaces are
located within the Church Property as of the date of the
execution of this Agreement. Current plans for future
improvements to the Church Property anticipate the increase
of available parking to eighty spaces. City's license to use
50% of the parking spaces on the Church Property is subject
to the right of Church to engage in construction, demolition
or other improvement activities within, or in the vicinity
of, the Church Property. Such activities may include the
placing of temporary portable buildings, and/or the storage of
construction materials, on the Church Property. Such activities
are likely to have the impact of temporarily decreasing the
total number of available parking spaces within the Church
Property. City's allocation of 50% of available parking
spaces shall continue during such periods when the total
number of such spaces fluctuates. In addition, Church may
find it necessary or appropriate to reconfigure the parking
spaces within the Church Property. In any case, Church's
only obligation shall be to provide City with reasonable
prior written notice of any change in the number or location
of the spaces available for City use.
VI. MAINTENANCE AND REPAIR
A. Mutual Obligations
Except as otherwise provided below, each party
shall be solely responsible for the maintenance and repair
of the respective parking areas owned which are subject to
this Agreement. Neither party makes any representation
concerning the existing condition of the subject parking
areas or their suitability for the intended uses, and
neither assumes any obligation by this Agreement to upgrade
or improve the subject parking areas. However, if
extraordinary maintenance or repair is required, being that
which exceeds the level of care resulting from the normal
wear and tear of daily use, and such extraordinary
maintenance or repair is shown to have been directly caused
by the licensee, or licensee's employees or invitees, then
that licensee shall be responsible for such extraordinary
maintenance and repair. Such licensee shall promptly either
perform such work or reimburse the licensor for the costs of
the same, as may be agreed upon between the parties.
B. Obligation Of City
City agrees to weekly sweep, at its expense, the
entire Church Property_, as depicted on Exhibits B and C to
this Agreement.
VII. TERM AND TERMINATION
The benefits and obligations of the reciprocal licenses
granted by this Agreement shall run until December 31, 2014,
on which date, and each succeeding twenty year anniversary of
that date thereafter, this Agreement shall be renewed
automatically for an additional twenty years. Either party
may elect at any time to terminate this entire Agreement, but
only by giving written notice to the other no less than
twenty-four months prior to the date of the intended termination.
If, however, City so elects to terminate, Church shall have
the following options with respect to any need to secure
replacement parking: (i) Church may secure from a third
party the right to use other off -site parking; and/or (ii)
Church may, upon a documented showing of reduced parking needs,
obtain City approval of a parking requirement which is less
restrictive than the current 1:3 ratio.
VIII.RISK OF LOSS
Each party, as a licensee, shall be solely responsible
for the risk of damage or loss to property, and injury to
persons, occurring within the license area owned by the
other party, if suffered by any employees or invitees of
that licensee. This responsibility shall include the
obligation to defend and hold the licensor party free from
any claims arising out of such damage, loss or injury.
IX. PARKING CONTROL AND SIGNAGE
It is in the best interests of both parties to prohibit
the use of the respective license areas by unauthorized
persons. To this end, the parties will cooperate to
establish economical and effective systems to control
unauthorized use. Such systems may include, without
limitation, signs, permits, identification decals or towing
services. Neither party, as a licensee, shall install signs
or other parking control devices on the property of the other
party/licensor, without the prior written consent of that
licensor.
X. NONTRANSFERABLE RIGHTS
The licenses for ingress, egress and parking described
in this Agreement are intended for the sole use and benefit
of the employees and invitees (being parishoners, agents,
representatives, guests or visitors) of City and Church.
Neither party shall have the right to assign or transfer
these license rights and privileges, without having first
received the prior written consent of the other party.
XI. ENFORCEMENT OF AGREEMENT.
Should any dispute or claim of whatever nature arise
out of the interpretation, performance or breach of this
Agreement, the parties shall first attempt to settle the
matter through good faith negotiation initiated by a written
demand to the other party setting forth the nature of the
dispute, to be followed by a meeting of the principal
representatives of the parties. If the matter is unable to
be resolved through such negotiation, it shall be settled,
at the request of either party, by final and binding
arbitration conducted at a mutually acceptible location, and
administered either in accordance with rules and procedures
agreed upon by the parties, or if unable to agree, in
accordance with the then existing Rules of Practice and
Procedure of Judicial Arbitration & Mediation Services,
Inc.. The arbitrator shall determine which is the prevailing
party and shall include in the award that party's reasonable
attorney fees and costs. Judgement upon any award rendered by
the arbitrator may be entered by any state or federal court
having jurisdiction.
2
XII. NOTICES
Notices, requests or demands by either party shall be
in writing and shall either be personally served or be given
by U.S. mail, postage prepaid, and addressed to the
following persons:
To City: Mr. Kevin Murphy, To Church: Rev. David Anderson,
City Manager Rector
City of Newport Beach St.James Parish
3300 Newport Boulevard 3209 Via Lido
P.O.Box 1768 Newport Beach, CA
Newport Beach, CA 92663
92659-1768
Notices, requests and demands, if not personally
served, shall be deemed received upon the expiration of
forty-eight hours after deposit in a U.S. post office or
mail box in Newport Beach, California.
XIII.EXECUTION
The parties have executed this Agreement in Newport
Beach, California, as of the date stated first above.
"City": City of Newport Beach,
a California municipal corporation
By:
Title:
Date:_
Approved:
By:
Title:
, 1995
H. Burnham, City Attorney
Date: //cal 9-0 , 1995.
"Church": The Rector, Wardens and
Parish in Newport Beach,
a California nonprofit
By:
Title:
Date: , 1995
Title:
�1
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EXHIBIT ILLUSTRATING EXISTING PARKING
• NOT TO SCALE
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EXHIBIT ILLUSTRATING PROPOSED PARKING
NOT TO SCALE
XHISIT C TO &CIMOCAL 'PAXY.IA1G
LI MASS AromsemEWT.
32ND ' STREET
J
u�- 31ST. STREET
TOTAL NUMBER OF PARKING SPACES: 80
EXHIBIT A
LOT LINE ADJUSTMENT NO. NBLL95-9-.
(LEGAL DESCRIPTIONS)
OWNERS
EXISTING PARCELS
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBER
ASSISTANCE LEAGUE OF NEWPORT BEACH, C4.
423-112-5
PARCEL 1
A CALIFORNIA CORPORATION
THE RECTOR, WARDENS, AND VESTRYMEN OF
SAINT JAMES PARISH IN NEWPORT BEACH, CA
423-112-6
PARCEL i
A CALIFORNIA CORPORATION
PARCEL 1
ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON "EXHIBIT B-, ATTACHED HERETO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS 1197, 1198, 1199, AND 1200 OF TRACT NO. 907 AS SHOWN ON MAP' FILED IN BOOK 28, PAGES
25 THROUGH 36, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THE
EASTERLY 114 FEET OF LOT 6 OF TRACT NO. 1117 PER MAP FILED IN BOOK 35, PAGE 48 OF MISCEL-
LANEOUS MAPS, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF THE SOUTH ONE-HALF OF VIA MALAGA ABUTTING, ON THE
NORTH, THE HEREINABOVE DESCRIBED PORTION OF LOT NO. 6, TRACT NO. 1117. AS VACATED FEBRUARY
4, 1946, BY RESOLUTION OF THE CITY COUNCIL OF SAID CITY.
joiESS/
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* MER 11-31-97
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LOT LINE ADJUSTIv"' NT NO. NBLL95-
(MAP)
OWNERS
EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBER
ASSISTANCE LEAGUE OF NEWPORT BEACH, CA
423-112-5
PARCEL 1
A CALIFORNIA CORPORATION
THE RECTOR, WARDENS, AND VESTMEN OF
SAINT JM1ES PARISH IN NEWPORT BEACH, CA
423-112-6
PARCEL 1 ,
A CALIFORNIA CORPORATION
SCALE: 1' - 110'
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SITE PLAN
LOT LINE ADJUSTMENT NO.
NBLL95-
OWNERS
EXISTING PARCELS
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBER
ASSISTANCE LEAGUE OF NEWPORT BEACH, CA
423-112-5
PARCEL 1
A CALIFORNIA CORPORATION
THE RECTOR, WARDENS, AND VESTRYMEN OF
SAW JAMES PARISH IN NEWPORT BEACH; CA
423-112-6
'
PARCEL I
A CAUFORNU CORPORATION
SCAM
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EASEMENT TO THE CITY
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EXISTING BUILDING
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* DPDES 12-31 -97
srrfOF
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CCU\�����
VIA OPORTO
(o
Real Estate Investment B* • Developers
41
3471 Via Lido
Suite 207
Newport Beach, CA 92663.3929
F7AX (23-7100
714) 723.1141
One Galleon Tower
13355 Noel Road, LB 3
Suite 1315
Dallas, TX 75240.6603
(214) 934,2244
FAX (214) 991.5184
Mr. Jack Jakosky
503 Lido Partners, Ltd.
c/o Jakosky Properties
P.O. Box 7836
Newport Beach, CA 92658
April 26, 1995
Mr. Bill Ward
Planning Dept, City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658-8915
Re: 503 32nd Street Off -Site Parking Agreement
Dear Jack and Bill:
E W -j
PLANK -I NG DEPARTMENT
CITY OF NEWPOPT BEACH
ARI Arai 2 u '1995
70A100102AA3141516
b
Enclosed for your use are copies of the recorded Off -Site Parking Agreement and
Memorandum of the First Amended and Restated Off -Street Parking Agreement, recorded
April 7, 1995 as Document No. 95-0147413.
The original recorded Off -Site Parking Agreement will be delivered to the Planning
Department by the Recorder's Office and the recorded Memorandum will be forwarded
to Gary Glick, Esq. at Cox, Castle & Nicholson. I will forward to you copies of each of
the recorded documents upon my receipt thereof.
If you have any questions, please do not hesitate to give me a call.
Sincerely,
J. Patrick Galvin, Jr.
Vice President
Enclosures
cc: Fritz L. Duda
Tom Stevenson
Gary Glick, Esq.
Real Estate Investment B&s • Developers •
3471 Via Lido
Suite 207
Newport Beach, CA 92663-3929
(714) 723.7100
FAX (714) 723.1141
One Galleria Tower
13355 Noel Road, LB 3
Suite 1315
Dallas, TX 75240.6603
(214)934.2244 December 21, 1994
FAX (214) 991,5184
Via Hand Delivery
Ms. Robin Clauson
City Attorney's Office
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Via Lido Plaza / 503 32nd Street Off -Street Parking Aareement
Dear Robin:
Pursuant to our telephone conversation yesterday, enclosed please find the following:
Four (4) originals of the Off -Street Parking Agreement executed ahc
acknowledged on behalf of Newport Via Lido Associates and 503 Lido Partners.
2. Copy of fully executed First Amended and Restated Off -Street Parking Agreement
executed by Newport Via Lido Associates and 503 Lido Partners.
3. Copy of fully executed and acknowledged Memorandum of First Amended and
Restated Off -Street Parking Agreement executed by Newport Via Lido Associates
and 503 Lido Partners.
The above documents are in exactly the same form previously approved by you with the sole
exception that the outside date for City approval of the First Amended and Restated Parking
Agreement has been modified from December 31, 1994 to March 31, 1995 (see page five of that
Agreement). Obviously, this change was necessary to permit City approval of the agreement
following year end.
As I understand it, the City Council is required to approve all Off -site Parking Agreements prior
to execution by the Mayor, and that Bill Ward will likely schedule this agreement for the January
8th meeting on a consent calendar basis.
December 21, 1994 • •
Ms. Robin Clauson
Page Two
If the enclosed documents are in order, please process the Off -Street Parking Agreement for
approval by the City Council and execution by the Mayor as soon as possible. As there is a
lender's consent currently being processed with respect to the documents, please do not record
any documents unless and until you have received notification to do so from me and Mr.
Jakosky's attorney, Alan Albala, Esq.
very much appreciate your cooperation and expedience in this regard.
a y Holidays!
Patrick Galvin Jr.
Ice President
cc: Jack Jakosky
Fritz L. Duda
Gary Glick, Esq.
Allan Albala, Esq.
JPG/sw
Planning Commission Meeting April 7, 1994
Agenda Item No. 2
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Off -Site Parking Agreement (Discussion)
Request to amend a previously approved off -site parking agreement
which provides required off-street parking spaces for an existing office
building on property located at 503 32nd Street and which are located
at an off -site location at the rear of the Via Lido Plaza Shopping
Center in the RSC-H District. Under the existing parking
arrangement, 24 restricted parking spaces are provided to the
customers and business invitees of the office building. The applicants
propose to reduce the number of required off-street parking spaces to
12 and remove the existing use restriction so as to allow tenants and
employees of the office building to also use the off -site parking spaces.
LOCATION: Parcel 1 of Parcel Map 85-1(Resubdivision No. 516), located 3471 Via
Lido, on the southwesterly comer of Via Lido and Via Oporto
(parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on
the northeasterly comer of 32nd Street and Via Oporto, adjacent to
City Hall (building site).
ZONE: RSC-H
APPLICANTS: Newport Via Lido Associates and 503 Lido Partners, Ltd., Orange and
Newport Beach
OWNERS: Same as applicants
Request for Continuance
Staff recommends that this item be continued to the Planning Commission meeting of April
21, 1994, so as to allow additional time to resolve concerns with the applicants related to
the contents of the off-street parking agreement.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By M,c ' �4aGZG70/�*�117 Su_�tJ
Javier, S. G ' cia
Senior Planner
COMMISSIONERS
0 MINUTES
''LF'pp�C�.�'Pp9`pOs'Y'pp
CITY OF NEWPORT BEACH
Anr91 7 100A
ROLL CALL
INDEX
APPLICANT. Rockwell International, Newport each
OWNER: Same as applicant
The public hearing was opened in connection with this item. There
being no one to appear before the Planning Commission, the
public hearing was closed at this time.
Motion
*
Motion was ad' a and voted on to adopt Resolution No. 1352
Ayes
*
*
*
*
*
*
*
recoi�n}}e ing to the City Council the approval of Amendment
Absent
Ng,,799. MOTION CARRIED.
Off -Site Parking Agreement Di cussi n
item No.2
Request to amend a previously approved off -site parking
off -Site
agreement which provides required off-street parking spaces for an
Parking
existing office building on property located at 503 32nd Street and
agreement
which are located at an off -site location at the rear of the Via
Lido Plaza Shopping Center in the RSC-H District. Under the
existing parking arrangement, 24 restricted parking spaces are
provided to the customers and business invitees of the office
building. The applicants propose to reduce the number of
required off-street parking spaces to 12 and remove the existing
use restriction so as to allow tenants and employees of the office
building to also use the off -site parking spaces.
CATION: Parcel 1 of Parcel Map 85-1 (Resubdivision
No. 516), located 3471 Via Lido, on the
southwesterly comer of Via Lido and Via
Oporto (parking site); and 'Lot 6, Tract No.
907, located at 503 32nd Street, on the
northeasterly corner of 32nd Street and Via
Oporto, adjacent to City Hall (building site).
ONE: RSC-H
-3-
COM MSSIONERS ! MINUTES
CITY OF NEWPORT BEACH
Apn17, 1994
ROLL CALL
INDEX
APPLICANTS: Newport Via Lido Associates and 503 Lido
Partners, Ltd., Orange and Newport Beach
OWNERS: Same as applicants
James Hewicker, Planning Director, requested that this item be
continued to the Planning Commission meeting of April 21, 1994,
so as to allow additional time to resolve concerns regarding the
off-street parking agreement.
Motion
*
Motion was made and voted on to continue Item No. 2 to the
Ayes
*
*
*
*
*
*
April 21, 1994, Planning Commission meeting. MOTION
Absent
*
CARRIED.
sss
Permit N (Amended) (Public Hearing)
Item No.3
Request amend a previously approved use permit that permitted
UP353 (A)
the establis ent of an animal hospital on property located in the
commercial are f the Newport Shores Specific Plan Area. The
Approved
proposed amendme involves a request to change the previous
animal hospital use to cat care and boarding facility and to
permit alterations and a Ntions to the existing building in
conjunction with the change in e. The proposal also includes a
modification to the Zoning Code as to allow the proposed
building addition to encroach 2 feet in the required 5 foot rear
yard setback adjacent to residentially class d property.
LOCATION: Lots 3-6, Block 9, Seashore olony Tract,
located at 6902 West Coast High , on the
northwesterly comer of Fern Street a West
Coast Highway, in the Newport Sh s
Specific Plan Area.
ZONE: SP-4
-4-
FIRST AMENDED AND RESTATED OFF-STREET PARKING AGREEMENT
THIS FIRST AMENDED AND RESTATED OFF-STREET PARKING AGREEMENT (this
"Agreement") is made and entered into as of the _ day of 1994
by and between NEWPORT VIA LIDO ASSOCIATES, a California limited partnership
("NVLA") and 503 LIDO PARTNERS, LTD., a California Limited Partnership ("5_3
L0219 .
RECITALS
A. Earl G. Sawyer and Eleanor B. Sawyer (collectively, "Sawyer"),
Griffith Company ("Griffith") and the City of Newport Beach, a municipal
corporation (the "City"), have previously entered into that certain Off -Site
Parking Agreement (the "Original Off -Site Parking Agreement") dated as of March
5, 1968, which Original Off -Site Parking Agreement was recorded in the Official
Records of Orange County on March 13, 1968, in Book 8541, Pages 383-387.
B. 503 Lido is the successor in interest to Sawyer under the Original
Off -Site Parking Agreement.
C. NVLA is the successor in interest to Griffith under the Original Off -
Site Parking Agreement.
D. 503 Lido is the owner of that certain real property located in the
City of Newport Beach, County of Orange, State of California, and more
particularly described on Exhibit A attached hereto and incorporated herein by
this reference (the 11503 Lido Property"). An office building (the 11503
Building") is presently located on the 503 Lido Property.
E. NVLA is the owner of that certain real property located in the City
of Newport Beach, County of Orange, State of California, and more particularly
described on Exhibit B attached hereto and incorporated herein by this reference
(the "Noma Property"). The NVLA Property is presently developed with
retail/commercial buildings, landscaping and parking areas (the "Parking Areas")
including, without limitation, that portion of the Parking Areas located within
the area designated as the "Easterly Parking Area" on the Site Plan attached
hereto as Exhibit C and incorporated herein by this reference.
Plan. F. The 503 Lido Property and the NVLA Property are depicted on the Site
G. The Original Off -Site Parking Agreement was intended to allow the
owner of the 503 Building to meet certain City code requirements for parking by
establishing a parking easement on the NVLA Property for the non-exclusive use
of twenty-four (24) parking spaces by certain users of the 503 Building.
H. 503 Lido and NVLA now desire to enter into this Agreement to amend
and restate the Original Off -Site Parking Agreement to provide for, among other
things, (i) the reduction in the number of parking spaces 503 Lido is entitled
to use on the NVLA Property from twenty-four (24) non-exclusive parking spaces
to twelve (12) non-exclusive parking spaces (the 1112 Spaces"), (ii) the right of
NVLA to designate a specific portion of the Parking Areas to be non -exclusively
used by 503 Lido for the 12 Spaces, (iii) the monthly parking charge payable by
503 Lido for the right to use the 12 Spaces, and (iv) the designation of those
persons entitled to use the 12 Spaces. 503 Lido and NVIA further agree that it
is the intent of this Agreement to prevent unauthorized users from using the
Parking Areas.
I. The parties acknowledge that this Agreement amends and restates the
Original Off -Site Parking Agreement in its entirety and that so amended and
restated, it will remain in full force and effect and will read as provided in
this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, 503 Lido and NVLA hereby agree as
follows:
1. Grant of Non -Exclusive Parking Easement.
(a) NVLA hereby grants to 503 Lido a perpetual, non-exclusive
easement (the "Non -Exclusive Parking Easement"), which is granted to 503 Lido as
owner of the 503 Lido Property as a non-exclusive easement appurtenant to the 503
Lido Property, for the parking of up to twelve (12) "automobiles" (as hereinafter
defined) within the Parking Areas on a first come, first served basis.
(b) NVLA may from time to time designate a portion of the Easterly
Parking Area (the "Designated Area") for the location of the 12 Spaces, which 12
Spaces shall either be contiguous to one another or located together in one
location separated only by walkways, driveways or landscape medians. It shall
be the sole obligation of NVIA to stripe the Designated Area and to provide signs
designated the Designated Area as the parking area for 11503 Lido and its Agents"
GAGUCK 24361 127W9 15 05/25y6
(as hereinafter defined). 503 Lido agrees to reimburse NVLA for all reasonable
costs (which costs shall be at competitive rates) incurred by NVLA in installing
signs designating the Designated Area as the parking area for 503 Lido and its
Agents within thirty (30) days following receipt of reasonable evidence of such
costs. NVLA shall have the right from time to time following at least sixty (60)
days' notice to 503 Lido to relocate the Designated Area to other portions of the
Easterly Parking Area or as permitted pursuant to Section 4. In the event the
Designated Area is relocated to other portions of the Easterly Parking Area, 503
Lido shall not be responsible for reimbursing NVLA for the cost of striping the
new Designated Area or for the cost of installing signs designating the new
Designated Area as the parking area for 503 Lido and its Agents. 503 Lido
acknowledges that up to twenty-five percent (25t) of the parking spaces within
the Designated Area may be sized for the parking of "compact" automobiles (the
"Designated Area Compact Spaces Percentage"); provided, however, if the
percentage of compact automobile spaces in the remainder of the Parking Areas is
less than twenty-five percent (25t) on the first day of any calendar year, then
the Designated Area Compact Spaces Percentage will be modified to be consistent
with the then percentage of compact automobile spaces in the remainder of the
Parking Areas for the applicable calendar year, subject to modification on the
first day of each succeeding calendar year.
(c) 503 Lido acknowledges that NVLA shall have no obligation to
police the use of the Designated Area so that other users of the Parking Areas
do not use the Designated Area. 503 Lido shall notify NVLA in writing (the
"Parking Notice") in the event that all or a portion of the parking spaces in the
Designated Area are used by any persons other than 503 Lido and its Agents;
provided, however, in the event of such an unauthorized use, 503 Lido and its
Agents shall have the right to use an equivalent number (i.e., the number of
parking spaces within the Designated Area being used by the owners and lessees
of the NVLA Property or their agents, contractors, employees or invitees or
others) of other parking spaces within the Easterly Parking Area, to the extent
available.
(d) The Non -Exclusive Parking Easement may be exercised by the
owners, lessees or occupants (and their clients, agents and representatives) of
the 503 Building or their customers or invitees (collectively referred to as 115033,
Lido and its Agents"). 503 Lido and its Agents shall not utilize the 12 Spaces
for any purpose other than parking for the 503 Lido Building, nor shall 503 Lido
and its Agents authorize or consent to the use of the 12 Spaces by parties not
having business in the 503 Building and/or for any unauthorized use. In no event
shall 503 Lido or its Agents charge or collect any revenue or other consideration
for the use of the 12 Spaces, except that 503 Lido may impose and collect
reimbursements from its tenants, subtenants and/or occupants to offset all or any
portion of the Parking Charge.
(e) Notwithstanding anything contained in this Agreement to the
contrary, in the event NVLA determines in its sole and absolute discretion not
to provide the Designated Area to 503 Lido and its Agents, NVLA shall have the
right upon at least sixty (60) days prior written notice to 503 Lido to no longer
provide a Designated Area to 503 Lido and its Agents and 503 Lido and its Agents
shall thereafter have the right, on a non-exclusive basis in common with the
owner of the NVLA Property and its lessees and their agents, contractors,
employees and invitees to use up to twelve (12) automobile parking spaces within
the Parking Areas (the "Parking Areas Non -Exclusive Easement"). NVLA shall have
the right, in its sole and absolute discretion, to provide the 12 Spaces to 503
Lido and its Agents through the Designated Area or through the non-exclusive use
of up to 12 automobile parking spaces within the Parking Areas.
(f) As used herein, the term "automobiles" shall be deemed to
include cars, vans, sports utility vehicles and pickup trucks, but shall exclude
trucks, trailers and other similar oversized vehicles.
2. Users of Non -Exclusive Easement. 503 Lido agrees to submit to NVLA
or, at NVLA's election, directly to NVLA's parking operator with a copy to NVLA,
written notice in a form reasonably specified by NVLA containing the names and
office addresses and telephone numbers of those persons who are authorized by 503
Lido to use the Non -Exclusive Easement (excluding customers and invitees of 503
Lido and its lessees) (11503 Lido's Authorized Users") and shall identify each
vehicle of 503 Lido's Authorized Users by make, model and license number. 503
Lido agrees to deliver such notice prior to the Effective Date and to
periodically update such notice as well as upon specific request by NVLA or
NVLA's parking operator to reflect changes to 503 Lido's Authorized Users or
their vehicles.
3. Maintenance and Repair of Parking Areas. NVLA shall be obligated to
maintain and repair that portion of the Parking Areas used by 503 Lido and its
Agents in a good, clean and orderly condition reasonably consistent with similar
properties located within the geographic area of the NVLA Property.
CIAOUCK 24MI 17SW9 15 2 05MM
1
4. Rearrangement and Substitution of Parking Areas.
(a) NVLA shall have the right from time to time to rearrange the
Parking Areas or to close all or a portion of the Parking Areas for remodeling
or as a result of damage or destruction, condemnation or force majeure events.
In addition, NVLA shall have the right to construct subterranean and above -ground
parking structures on the NVLA Property and provide the Parking Areas Non -
Exclusive Easement within such structures; provided, however, NVLA shall also
have the right, but not the obligation, to provide the Designated Area within
such structures so long as such Designated Area is located in only one (1) such
structure and the Designated Area is located no further from the 503 Building
than the furthest point of the Easterly Parking Area as shown on Exhibit C, and
the Designated Area within such structure is placed at a reasonable location
therein as determined by NVLA and/or those third parties owning and/or
participating in such structures, if any, provided the Designated Area shall not
be the least desirable area within the structure nor shall it be the most
desirable area within the structure.
(b) NVLA shall further have the right to provide the Designated
Area or the Parking Areas Non -Exclusive Easement to 503 Lido on property not
presently owned by NVLA (which may be within parking structures and/or surface
parking areas), provided, however, in the case of the Designated Area, such
Designated Area shall be located no further from the 503 Building than the
furthest point of the Easterly Parking Area is located from the 503 Building and,
in the case of the Parking Areas Non -Exclusive Easement, such property is located
no further from the 503 Building than the furthest portion of the Parking Area
is presently located from the 503 Building, and, provided further, in either
event, access to and ingress and egress from the Designated Area or the Parking
Areas Non -Exclusive Easement shall be substantially as convenient as if they were
located within the Parking Areas.
5. Validated Parking. NVLA shall have the right to provide validated
parking (which will allow NVLA to charge persons for the right to park in the
Parking Areas) with respect to all or portions of the Parking Areas and 503 Lido
and its Agents shall conform to all of the reasonable procedures and rules in
connection with such validated parking; provided, however, 503 Lido and its
Agents shall have the right to receive validations sufficient to allow 503 Lido
and its Agents to use the 12 Spaces without charge (other than its responsibility
for the "Parking Charge" (as hereinafter defined)) Monday through Friday between
7:00 a.m. and 7:00 p.m. and on Saturday between 8:00 a.m. and 1:00 p.m.; provided
further, however, in the event 503 Lido and its Agents park in the Parking Areas
and, upon leaving the Parking Areas, do not have sufficient validations to pay
for the parking charges (despite NVLA having provided 503 Lido the parking
validations as set forth above) , such persons shall be required to pay the
standard charges for parking in the Parking Areas with respect to any unvalidated
time. Notwithstanding anything contained in this Section 5 to the contrary, NVLA
shall have the right to institute all reasonable rules and regulations with
respect to the validation of customers and invitees of the users of the Parking
Areas, so long as such rules and regulations are applied on a non-discriminatory
basis to all such customers and invitees, which rules and regulations may
include, but not be limited to, the establishment of a maximum validation period
for such customers and invitees; provided, however, subject to the terms and
conditions of this Agreement, in no event shall the tenants and employees of 503
Lido and their customers and invitees be treated less favorably under such rules
and regulations than the tenants and employees of the Griffith Building (which
building is located at 3471 Via Lido, Newport Beach, California) and their
customers and invitees.
6. Cessation of Office Use From 503 Building. Notwithstanding anything
contained in this Agreement to the contrary, 503 Lido shall have no right to use
the 12 Spaces during periods when (a) it is using more than fifty percent (504)
of the leasable floor area of the 503 Building for "retail uses" (as hereinafter
defined) or (b) it is using any portion of the 503 Building for a restaurant,
nightclub, discotheque or similar entertainment use; in addition, in the event
503 Lido ceases to use the 503 Building for office uses and/or retail uses (as
permitted above) for a consecutive twelve (12) month period and such cessation
is not due to remodeling, damage or destruction, condemnation or any other cause
beyond the reasonable control of 503 Lido, this Agreement shall terminate and be
of no further force or effect In the event any cessation of the use of the 503
Building is the result of remodeling, damage or destruction or condemnation and
such cessation continues for a period in excess of eighteen (18) consecutive
months, this Agreement shall terminate and be of no further force or effect;
provided, however, vacancy, even of the entire 503 Building, is not a cessation
of the use of the 503 Building. 503 Lido shall never have the right to use more
than the 12 Spaces. As used in this Section 6, "retail uses" shall mean retail
stores selling goods or primarily services to consumers. In the event 503 Lido
and its Agents utilize more than the 12 Spaces or use the 12 Spaces for an
unauthorized use, NVLA shall have the right, in addition to all of the other
rights and remedies provided to NVLA pursuant to this Agreement, to give notice
thereof to 503 Lido, in which event 503 Lido shall promptly institute reasonable
supervision procedures so as to cause such unauthorized use to cease.
OAGLXX 24361 125959 IS 3 050194
7. Parking Charge.
(a) 503 Lido shall pay to NVLA, without notice, demand, set-off,
counterclaim, abatement or deduction whatsoever, as compensation for its right
to use the 12 Spaces, the annual amount of Two Thousand Five Hundred Twenty
Dollars ($2,520.00) (which represents Seventeen and 50/100 Dollars ($17.50) per
parking space per month) (the "Parking Charge") subject to adjustment as provided
below, which Parking Charge shall be paid in monthly installments in advance on
or before the first day of each calendar month commencing upon the "Effective
Date" (as hereinafter defined) and shall be considered delinquent if not so paid
on or before the tenth day of each month. If the Effective Date commences on a
day other than the last day of a calendar month, the Parking Charge for such
month shall be a prorated portion of the monthly Parking Charge, based upon a
thirty (30) day month.
(b) Commencing with the first day of the first calendar month which
is twelve (12) months from the Effective Date (the "Start Date") and on each
anniversary of the Start Date thereafter (each such anniversary being hereinafter
referred to as an "Adjustment Date,"), the Parking Charge payable for the month
immediately preceding such Adjustment Date shall be increased by three percent
(3t). All such adjustments shall be compounded. The Parking Charge as adjusted
shall be the Parking Charge until the next Adjustment Date.
(c) If the Parking Charge or any other sum due from 503 Lido shall
not be received by NVLA within ten (10) days after said amount is due, then 503
Lido shall pay to NVLA a late charge equal to three percent M) of the overdue
amount. Such late charge shall be in addition to all of NVLA's other rights and
remedies hereunder or at law or in equity and shall not be construed as
liquidated damages nor as limiting NVLA's remedies in any manner. In addition
to the late charge described above, any Parking Charge or other amounts owing
hereunder which are not paid within ten (10) days of when due shall bear interest
from the date when due until paid at the lower of four percent (4t) above the
discount rate charged by the Federal Reserve Bank in closest proximity to the
NVLA Property to its member banks, or the maximum rate allowed by applicable
usury law.
8. Via Opporto Wall Opening. A wall (the "Via Opporto Wall") currently
exists on the NVLA Property in the location depicted on Exhibit C. An opening
presently exists in the Via Opporto Wall (the "Via Opporto Wall Openina11) as
depicted on Exhibit C. NVLA agrees that it will not close the Via Opporto Wall
Opening and will maintain same in its present condition (at least with respect
to the portion of the Via Opporto Wall Opening located on the NVLA Property) for
so long as such opening is reasonably necessary for pedestrian access by 503 Lido
and its Agents between the 12 Spaces and the 503 Building; provided, however,
NVLA shall have the right to change the Via Opporto Wall Opening (and maintain
same) in the event it provides substantially equivalent and convenient pedestrian
access between the 12 Spaces and the 503 Building.
9. Lighting of 12 Spaces. NVLA shall, subject to force majeure events,
light the 12 Spaces from dusk until 8:00 p.m. Monday through Friday with lighting
equivalent to the lighting used for the remainder of the NVLA Property.
10. Liability Insurance. During any period of time that 503 Lido and its
Agents are using the 12 Spaces, 503 Lido shall, at its own expense, maintain
adequate commercial general liability insurance with a reputable insurance
company or companies with minimum amounts of One Million Dollars ($1,000,000.00)
(which amount shall be increased in accordance with industry standards for
similar properties and for similar type insurance risks) combined single limit
for broad form bodily injury, personal injury and property damage liability,
insuring NVLA against any claims, demands, losses, damages, liabilities and ex-
penses relating to 503 Lido and its Agents' use of the 12 Spaces and/or the
Parking Areas. NVLA shall be an additional insured on such commercial general
liability insurance, at no cost or expense to NVLA.
11. Rules and Regulations. Any exercise of rights pursuant to the
Parking Easement shall be conducted 'in such a manner as to avoid material
interference with the operation of business upon the NVLA Property and shall be
in accordance with the rules and regulations attached hereto as Exhibit D and
incorporated herein by this -reference. NVLA shall have the right to make
reasonable non-discriminatory changes to the rules and regulations from time to
time and 503 Lido shall be bound by such changes.
12. Transferability of Parking Rights. The parking rights (including,
but not limited to, any validations provided to 503 Lido and its Agents pursuant
to Section 5) granted to 503 Lido and its Agents pursuant to this Agreement shall
not be transferable to any other person or entity, and NVLA shall have the right
to deny parking privileges to any such transferee or charge such transferee for
parking in the Parking Areas in accordance with NVLA's then prevailing charges
for unvalidated parking in the Parking Areas.
13. Effectiveness. Notwithstanding anything contained in this Agreement
to the contrary, this Agreement shall be of no force and effect and the Original
Off -Site Parking Agreement shall remain in full force and effect (as well as the
OAOucu 24361 1=9 15 4 05/Z/%
0
parties rights and obligations thereunder) until the City approves this
Agreement. This Agreement shall become effective (the "Effective Date") upon the
approval of this Agreement by the City. in the event the Effective Date does not
occur on or before March 31, 1995, this Agreement shall terminate and be of no
force or effect and the Original Off -Site Parking Agreement shall continue in
full force and effect (as well as the parties rights and obligations thereunder).
14. Limitation of Liabilitv. 503 Lido and its Agents, as a material part
of the consideration to NVLA, hereby assumes all risk of damage to automobiles
using the NVLA Property or injury to persons or property in, upon or about the
NVLA Property, from any cause other than NVLA's gross negligence or willful
misconduct, and 503 Lido and its Agents hereby waive all claims in respect
thereof against NVLA. In addition, 503 Lido and its Agents acknowledges that (a)
NVLA shall have absolutely no obligation to provide security of any type in
connection with 503 Lido and its Agents' use of the 12 Spaces and (b) NVLA shall
have no obligation to light the Designated Area after 8:00 p.m. on Monday through
Friday nor on Saturday or Sunday.
15. Notices. Any notices required or permitted to be given to either
party pursuant to this Agreement shall be in writing and may be delivered in
person (by hand or by messenger or courier service) or may be sent by regular,
certified or registered mail or U.S. Postal Service Express Mail, with postage
prepaid, and shall be deemed sufficiently given if served in a manner specified
herein. The addresses of the parties for delivery or mailing of notice shall be
as follows, unless either party by written notice to the other party, specifies
a different address for notice purposes:
NVLA: Newport Via Lido Associates
c/o Fritz Duda Company
3471 Via Lido, Suite 207
Newport Beach, California 92663
Attention: Mr. J. Patrick Galvin, Jr.
503 LIDO: 503 Lido Partners, Ltd.
C/o Jakosky Properties
503 32nd Street, Suite 200
Newport Beach, California 92663
Attention: Mr. Jack Jakosky
Any notice sent by registered or certified mail, return receipt requested, shall
be deemed given on the date of delivery shown on the receipt card, or if no
delivery date is shown, the postmark thereon. If sent by regular mail the notice
shall be deemed given three (3) business days after the same is addressed as
required herein and mailed with postage prepaid. Notices delivered by United
States Express Mail or overnight courier that guarantees next day delivery shall
be deemed given upon delivery or refusal of delivery. If notice is received on
a Sunday or legal holiday, it shall be deemed received on the next business day.
16. Successors and Assigns. The Non -Exclusive Parking Easement, as the
same has been granted to 503 Lido appurtenant to the 503 Property pursuant to
this Agreement, shall run with the land of the NVLA Property and the 503 Lido
Property for the benefit of the 503 Lido Property and every portion thereof, and
burdening the NVLA Property and every portion thereof, and shall apply to and
bind the respective successors in interest to the NVLA Property and every portion
thereof for the benefit of the successors in interest to the 503 Lido Property
and every portion thereof, in accordance with applicable law, including, but not
limited to, Section 1468 of the Civil Code of the State of California.
17. Iniunction. The parties acknowledge and agree that they have
bargained for specific performance of the covenants, conditions, restrictions,
rights, easements, and rights -of -way contained in this Agreement, and all other
provisions hereof, and that each party entitled to enforcement of the terms
hereof shall be entitled to injunctive relief, including but not limited to
temporary restraining orders, preliminary injunctions and permanent injunctions,
both mandatory and prohibitory, in addition to all other remedies available to
such party pursuant to this Agreement or at law or in equity.
18. Nonwaiver. No waiver of any provision of this Agreement shall be
implied by any failure of either party to enforce any remedy on account of the
violation of such provision, even if such violation shall continue or be repeated
subsequently. Any waiver by either party of any provision of this Agreement may
only be in writing. Additionally, no express waiver shall affect any provision
other than the one specified in such waiver and then only for the time and in the
manner specifically stated.
19. Entire Agreement. This Agreement constitutes the entire agreement
of the parties with respect to the subject matter hereof. This Agreement may be
modified only in writing, signed by the parties in interest at the time of the
modification.
20. Authority. Each party acknowledges and represents that the persons
signing on its behalf have been authorized to enter into this Agreement either
on the basis of its corporate authority or a resolution of its governing board.
OAOUCK 2w1 12" 17 5 12aw"
21. Attorneys' Fees. In the event party shall institute any action or
proceeding against the other party relating to this Agreement, the unsuccessful
party in such action or proceeding shall reimburse the successful party for its
disbursements incurred in connection therewith and for its reasonable attorneys'
fees'as fixed by the court. In addition to the foregoing award of attorneys'
fees to the successful party, the successful party in any lawsuit on this
Agreement shall be entitled to its attorneys' fees incurred in any post -judgment
proceedings to collect or enforce the judgment. This provision is separate and
several and shall survive any merger of this Agreement into any judgment on this
Agreement.
22. Severability. The invalidity or unenforceability of any provision
of this Agreement, as determined by a court of competent jurisdiction, shall in
no way affect the validity or enforceability of any other provision hereof.
23. Recordation. Concurrently with the execution of this Agreement, the
parties shall sign a Memorandum of this Agreement in the form attached hereto as
Exhibit E, which Memorandum shall be recorded by NVLA in the Official Records of
Orange County, California. Any costs of recording charged by the Orange County
recorder's office (as well as any documentary transfer taxes) shall be borne
equally by the parties.
24. Governing Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of California.
25. Counteroarts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written in their names on their behalf by
their respective duly authorized representatives.
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporatio , its General Manager
By:
Print Name:i'rr
a(l2 L• bL,,IJ1k
Dated•
503 LIDO:
503 LIDO PARTNERS, LTD., a California
Limited Partnership
By:
Pri Name: V,i9c.t f/9C!DSK
Its: 4::5?S�-r
Dated:
OAOUCK 24M1 12M]9 15
0 WI%
STATE OF CALIFORNIA )
ss.
COUNTY OF
On , 199-/1 , before me, the undersigned, a Notary Public in
and or said County and State, personally appeared
personally known tome (or
proved o me on Xhe bo4is of sdtisfactory evidence) to be the person(s) whose
names is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that
by his/her/their signatures) on the instrument the person (s), or the entity upon
behalf of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
e✓LGLC�GCLL� . GC-Qi2�cc-
Notary Public
STATE OF CALIFORNIA
COUNTY OF l
and
So.
OFFICIAL SEAL
KATHLEEN M. YVHffE
Notary Pubic-CallforNa
ORANGE COUNTY
My Commlulon Expires
umber 8, 1995
oC� 19 , before me, the undersigned, a Notary Public in
o said oun
proved me on t bas of
name(s) is/are subscri d to
he/she/they executed the same
by hie/her/their signature(s)
behalf of which the person(s)
WITNESS my hand and official seal.
On
Notary Public
OAGLiat MI 125059 15
and State, personally appeared
9 , pereonallyknowntome (or
satin ctory evidence) to be the person(s) whose
the within instrument and acknowledged to me that
in his/her/their authorized capacity(ies), and that
on the instrument the person(s), or the entity upon
acted, executed the within instrument.
OFFICIAL SEAL
KAMEN M. WHf1E
s, Notary Pubic-CapfoMa
ORANGE COUNTY
My Commialon Expka
September 8, 1995
0 asm
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On 199 V ,, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
�o I� 1, D/,t,AA
personally known to me;
❑ proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
within instrument.
WITNESS my hand and official seal.
.c.o
,. ARLER L. BIRON v
Comm. # 1011178
(t&L- ^ . » c NOTARY PUBLIC CAUFORNIA
Notary Public o Oronse County
y p NH Comm. Expires Dec.17,1997
OA
Exhibit A
Legal Description of 503 Lido Property
LOT 6, TRACT 1117, AS RECORDED IN BOOK 35, PAGE 48 OF
MISCELLANEOUS MAPS OF THE RECORDS OF ORANGE COUNTY,
EXCEPTING THEREFROM THE EASTERLY 114 FEET.
GAOUCK24MI 1=9 15 Exhibit A - Page 1 wroro�
Exhibit B
Legal Description of NVLA Property
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A PARCEL MAP FILED IN BOOK 85 PAGES 1 AND 2 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH, RANGE 10 WEST, S.B.B. & M., IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 50 FEET OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED IN BOOK 1011,
PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED RECORDED IN
BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN THE PARCEL FIRST
DESCRIBED ABOVE.
MUCK Exhibit B - Page 1 asnt�w
Exhibit D
Rules and Regulations
The following rules and regulations govern the use of the Parking Areas
located on the NVLA Property. 503 Lido will be bound by such rules and
regulations and agrees to cause its employees, subtenants, assignees,
contractors, suppliers, customers and invitees to observe the same:
1. 503 Lido will not permit or allow any automobiles that belong to or
are controlled by 503 Lido or 503 Lido's employees, subtenants, customers or
invitees to be loaded, unloaded or parked in areas other than those designated
by NVLA for such activities. No automobiles are to be left in the Parking Areas
overnight. No extended term storage of automobiles is permitted.
2. Automobiles must be parked entirely within painted stall lines of a
single parking stall.
3. All directional signs and arrows must be observed.
4. The speed limit within all Parking Areas shall be five (5) miles per
hour.
S. Parking is prohibited: (a) in areas not striped for parking; (b) in
aisles or on ramps, (c) where "no parking" signs are posted; (d) in cross -hatched
areas; and (a) in other areas as may be designated from time to time by NVLA or
NVLA's parking operator.
6. NVLA reserves the right, without cost or liability to NVLA, to tow
any automobiles if such automobile's audio theft alarm system remains engaged for
an unreasonable period of time.
7. Washing, waxing, cleaning or servicing of any automobile in any area
not specifically reserved for such purpose is prohibited.
8. NVLA may refuse to permit any person to park in the parking
facilities who violates these rules with unreasonable frequency, and any
violation of these rules shall subject the violator's car to removal, at such car
owner's expense. 503 Lido agrees to use its best reasonable efforts to acquaint
its employees, subtenants, assignees, contractors, suppliers, customers and
invitees with these parking provisions, rules and regulations.
9. Parking stickers, access cards, or any other device or form of
identification supplied by NVLA as a condition of use of the parking facilities
shall remain the property of NVLA. Parking identification devices, if utilized
by NVLA, must be displayed as requested and may not be mutilated in any manner.
The serial number of the parking identification device may not be obliterated.
Parking identification devices, if any, are not transferable and any device in
the possession of any unauthorized holder will be void.
10. All damage or loss claimed to be the responsibility of NVLA must be
reported, itemized in writing and delivered to NVLA or its parking operator
within ten (10) business days after any claimed damage or loss occurs. Any claim
not so made is waived. NVLA shall not be responsible for damage by water or
fire, or for the acts or omissions of others, or for articles left in
automobiles. NVLA is not responsible for loss of use.
li. The parking operators, managers or attendants are not authorized to
make or allow any exceptions to these rules and regulations, without the express
written consent of NVLA. Any exceptions to these rules and regulations made by
the parking operators, managers or attendants without the express written consent
of NVLA will not be deemed to have been approved by NVLA.
12. NVLA reserves the right, without cost or liability to NVLA, to tow
any automobiles which are used or parked in violation of these rules and
regulations.
13. NVLA shall have the right to close all or any portion of the Parking
Areas to such extent as may -in-the opinion of NVLA be necessary to prevent a
dedication thereof or the accrual of any rights of any person or of the public
therein; to close temporarily all or any portion of the Parking Areas to dis-
courage non -customer use; to use portions of the Parking Areas while engaged in
making additional improvements or repairs or alterations to the NVLA Property;
and to do and perform such other acts in, to, and with respect to the Parking
Areas as NVLA shall determine to be appropriate for the NVLA Property.
14. 503 Lido shall not use any of the Parking Areas for:
(a) Soliciting orders or selling or distributing any merchandise,
device, service, periodical, book, pamphlet, or other matter;
material; (b) Exhibiting any sign, placard, banner, notice or other written
GAOUCK2436112SW916 Exhibit D - Page 1
OSM194
(c) Distributing any circular, booklet, handbill, placard, or other
material;
(d) Soliciting membership in any organization, group, or asso-
ciation or soliciting contributions for any purpose;
(e) Parading, patrolling, picketing, demonstrating or engaging in
conduct that might interfere with the use of the Parking Areas or be detrimental
to any of the business establishments in the NVLA Property;
(f) Any purpose when none of the business establishments in the
NVLA Property are open for business;
(g) Discarding any paper, glass, or extraneous matter of any kind
except in designated receptacles;
(h) Using a sound -making device of any kind or making or permitting
any noise that is annoying, unpleasant, or distasteful;
(i) Damaging any sign, light standard, fixture, landscaping
material or other improvement or property within the NVLA Property; or
(j ) Overnight parking.
15. The above listing of specific prohibitions is not intended to be
exclusive, but is intended to indicate the manner in which the right to use the
Parking Areas solely as a means of access and convenience in shopping at the
business establishments in the NVLA Property is limited and controlled by NVLA.
16. 503 Lido and its employees, representatives and invitees shall not
loiter in the parking areas or other portions of the Parking Areas, and shall not
in any way obstruct the sidewalks, entry passages, pedestrian passageways,
stairways, driveways, entrances and exits, but shall use same only for purposes
of ingress to and egress from the Premises.
17. 503 Lido and its employees, representatives and invitees shall not
throw cigar or cigarette butts or other substances or litter of any kind in or
about the NVLA Property, except in receptacles placed therein by NVLA for such
purposes.
18. NVLA reserves the right to exclude or expel from the NVLA Property
any person who, in NVLA's judgment, is intoxicated or under the influence of
liquor or drugs, is engaged in illegal conduct or conduct detrimental to any of
the businesses in the NVLA Property or who is in violation of any of the Rules
and Regulations for the NVLA Property. NVLA further reserves the right to
prevent access to the NVLA Property or any portion thereof in case of invasion,
mob, riot, public excitement or other commotion by such action as NVLA shall deem
appropriate.
19. NVLA may waive any one or more of these Rules and Regulations for the
benefit o£ 503 Lido or any other tenant, but no such waiver by NVLA shall be
construed as a waiver of such Rules and Regulations in favor of any other tenant.
20. These Rules and Regulations are in addition to, and shall not be
construed to in any way modify or amend, in whole or in part, the terms, coven-
ants, agreements and conditions of the Agreement.
21. NVLA reserves the right from time to time to modify and/or adopt such
other reasonable and non-discriminatory rules and regulations for the Parking
Areas as it deemed reasonably necessary for the operation of the Parking Areas,
provided such new or modified rules and regulations do not unreasonably conflict
with the terms and conditions of this Agreement.
22. Notwithstanding anything contained in these rules and regulations to
the contrary, 503 Lido shall be obligated to use its good faith reasonable
efforts to cause its lessees or occupants (and their designated clients, agents
and representatives) to fully comply with these rules and regulations; provided,
however, 503 Lido shall not be liable for the breach of any of these rules and
regulations by its lessees or -occupants (and their designated clients, agents and
representatives) unless 503 Lido fails to use its good faith reasonable efforts
to cause its lessees or occupants (and their designated clients, agents and
representatives) to fully comply with these rules and regulations. 503 Lido
shall be obligated to attach these rules and regulations to any lease signed at
the 503 Lido Building after the date of this Agreement, and shall provide in any
such lease that the tenant shall be obligated to comply therewith and that NVLA
shall have the absolute right to directly enforce such rules and regulations
against such tenant if it so elects. 503 Lido agrees to provide a copy of these
rules and regulations (and all amendments thereto) to all tenants existing at the
503 Lido Building as of the date of this Agreement.
OAOiKKMI 12M913 Exhibit D - Page 2 06MM
Exhibit E
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CASTLE & NICHOLSON
2049 Century Park East, Suite 2800
Los Angeles, California 90067
Attention: Gary A. Glick, Esq.
Space above this line for Recorder's use only
MEMORANDUM OF FIRST AMENDED AND RESTATED
OFF-STREET PARKING AGREEMENT
This Memorandum of First Amended and Restated Off -Street Parking Agreement
(this "Memorandum") is dated as of the day of 1994, by and
between NEWPORT VIA LIDO ASSOCIATES, a California limited partnership (IINVLA")
and 503 LIDO PARTNERS, LTD., a California Limited Partnership (11503 Lido"), with
reference to the following facts:
503 Lido is the owner of that certain real property located in the City of
Newport Beach, County of Orange, State of California, and more particularly
described on Exhibit A attached hereto and incorporated herein by this reference
(the "503 Lido Propertv11).
NVLA is the owner of that certain real property located in the City of
Newport Beach, County of Orange, State of California, and more particularly
described on Exhibit B attached hereto and incorporated herein by this reference
(the IINVLA Property11) .
On or about 1994, NVLA and 503 Lido entered into that certain
First Amended and Restated Off -Street Parking Agreement (the "Agreement"), which
Agreement amends and restates that certain Off -Site Parking Agreement (the
"Original Off -Site Parking Agreement") dated as of March 5, 1968, and recorded
in the Official Records of Orange County on March 13, 1968, in Book 8541, Pages
383-387. The Agreement provides, among other things, for (i) the reduction in
the number of parking spaces 11503 Lido and its Atients" (as defined in the
Agreement) is entitled to use on the NVLA Property from twenty-four (24) parking
spaces to twelve (12) parking spaces (the 1112 Spaces"), (ii) the right of NVLA
to designate a specific portion of the "Parking Areas" (as defined in the
Agreement) to be used by 503 Lido and its Agents for the 12 Spaces, (iii) a
monthly parking charge payable by 503 Lido for the right to use the 12 Spaces,
(iv) the designation of those persons entitled to use the 12 Spaces, (v) certain
validation rights granted to 503 Lido and its Agents and certain validation
obligations imposed on NVLA, and (vi) NVLA'a obligation to maintain the II V_A
Opporto Wall Opening" (as defined in the Agreement).
NOW, THEREFORE, for and in consideration of the foregoing, NVLA and 503
Lido hereby agree as follows:
(a) Grant of Parking Easement. Subject to the terms and conditions of
the Agreement, NVLA hereby grants to 503 Lido a perpetual, a non-exclusive
easement (the "Parking Easement"), which is granted to 503 Lido as owner of the
503 Lido Property as an easement appurtenant to the 503 Lido Property, for the
parking of up to twelve (12) "automobiles" (as defined in the Agreement) within
the Parking Areas by 503 Lido and its Agents.
(b) Terms and Conditions of the Agreement. NVLA and 503 Lido agree to
be bound by the terms and conditions of the Agreement, which Agreement is
incorporated herein by this reference. In the event of any inconsistency between
the terms and conditions of this Memorandum and the terms and conditions of the
Agreement, the terms and conditions of the Agreement shall govern and control.
IN WITNESS WHEREOF, each of the parties hereto has executed this instrument
as of the date first above written.
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporation, its General Manager
By:
Print Name
Its:
Dated:
[signatures continued on next page]
OAOUCK 24MI 1291J913 Exhibit E- Page 1
03MM4
• •
[signatures continued from previous page]
503 LIDO:
503 LIDO PARTNERS, LTD., a California
Limited Partnership
By:
Print Name:
Its:
Dated:
By:
Print Name:
Its:
Dated:
GAULKX 24MI 125039 15 Exhibit E- Page 2 ormr�
STATE OF CALIFORNIA )
se.
COUNTY OF )
On 199_, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
personally known to me; '
proved to me on the basis of satisfactory evidence,
to be the persons) whose names) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity Use), and that by his/her/their signatures) on the instrument the person (s),
or the entity upon behalf of which the persons) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 199_, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
personally known to me;
proved to me on the basis of satisfactory evidence,
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity Use), and that by his/her/their signatures) on the instrument the person (s),
or the entity upon behalf of which the persons) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
OAOIJCK 24MI 12SM9 15 03N&%
Real Estate Investment B07 • Developers •
3471 Via Lido
Suite 207
Newport Beach, CA 92663-3929
(714) 723.7100
FAX (714) 723.1141
Three First National Plaza
70 West Madison Street
Suite 5444
Chicago, IL 60602.4221
(312) 759.3600
FAX (312) 759.3636
March 24, 1994
Mr. William Ward
Senior Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659
Re: Parking Variance No. 1187 (503 32nd Street Building)
Newport Via Lido Associates and 503 Lido Partners, Ltd.,
Co -Applicants
Dear Bill:
Enclosed for your internal review and comment is a revised First Amended and
Restated Off -Street Parking Agreement. The document is very similar to the agreement
previously delivered to you on February 24, 1994. Please utilize this Agreement as the
definitive First Amended and Restated Off -Street Parking Agreement as agreed upon
between the Co -Applicants for the above -described variance.
If you should have any questions or if you should need anything further, please
do not hesitate to contact me.
J. P(
Vice
JPG/mcc
Enclosure
cc: Jack Jakosky
Gary A. Glick, Esq.
Jr.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CASTLE OLSON
2049 Centur k East, Suite 2800
Los Ange s, Cal rnia 90067
Attn: ary A. Glic Esq.
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CALIFORNIA 92858-8915
(Space Above Line for Recorder's Use Only)
FIRST AMENDED AND RESTATED OFF-STREET PARKING AGREEMENT
THIS FIRST AMENDED AND RESTATED OFF-STREET PARKING AGREEMENT (this
"Agreement") is made and entered into as of the day of 1994,
by and between NEWPORT VIA LIDO ASSOCIATES, a California limited partnership
("NVLA % 503 LIDO PARTNERS, LTD., a California Limited Partnership ("503 Lido"),
and the CITY OF NEWPORT BEACH, a municipal corporation (the "City").
RECITALS
A. Earl G. Sawyer and Eleanor B. Sawyer (collectively, "Saceerl'
Griffith Company ("Griffith") and City have previously entered into that rtain
Off -Site Parking Agreement (the "Original Off -Site Parking Agreement") dated as
y;f March 5, 1968, which Original Off -Site Parking Agreement was recorded in the
fficial Records of Orange County on March 13, 1968, in Book 8541, Pages 383-387.
B. 503 Lido is the successor in interest to Sawyer under the Original
Off -Site Parking Agreement.
C. NVLA is the successor in interest to Griffith under the Original Off -
Site Parking Agreement.
D. 503 Lido is the owner of that certain real property located in the
City of Newport Beach, County of Orange, State of California, and more
particularly described on Exhibit A attached hereto and incorporated herein by
this reference (the "503 Lido Property"). An office building (the "503
Building") is presently located on the 503,Lido Property.
E. NVLA is the owner of that certain real property located in the City
of Newport Beach, County of Orange, State of California, and more particularly
described on Exhibit'B attached hereto and incorporated herein by this reference
(the "NVLA Property"). The NVLA Property is presently developed with
retail/commercial buildings, landscaping and parking areas (the "Parking Areas")
including, without limitation, that portion of the Parking Areas located within
the area designated as the "Easterly Parking Area" on the Site Plan attached
hereto as Exhibit C and incorporated herein by this reference.
F. The 503 Lido Property and the NVLA Property are depicted on the Site
Plan.
G. The Original Off -Site Parking Agreement was intended to allow the
owner of the 503 Building to meet certain City code requirements for parking by
establishing a parking easement on the NVLA Property for the non-exclusive use
of twenty-four (24) parking spaces by certain users of the 503 Building.
H. 503 Lido, NVLA and City now desire to enter into this Agreement to
amend and restate the Original Off -Site Parking Agreement to provide for, among
other things, (i) the reduction in the number of parking spaces 503 Lido is
entitled to use on the NVLA Property from twenty-four (24) non-exclusive parking
spaces to twelve (12) non-exclusive parking spaces (the 1112 Spaces"), (ii) the
right of NVLA to designate a specific portion of the Parking Areas to be non -
exclusively used by 503 Lido for the 12 Spaces, (iii) the monthly parking charge
payable by 503 Lido for the right to use the 12 Spaces, and (iv) the designation
of those persons entitled to use the 12 Spaces. 503 Lido, NVLA and City further
agree that it is the intent of this Agreement to prevent unauthorized users from
using the Parking Areas.
I. The parties acknowledge that this Agreement amends and restates the
Original Off -Site Parking Agreement in its entirety and that so amended and
restated, it will remain in full force and effect and will read as provided in
this Agreement.
GAGLICK 24361 125039 14 03/22/94
cA
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, 503 Lido, NVLA and the City hereby
agree as follows:
1. Grant of Non -Exclusive Parking Easement.
(a) NVLA hereby grants to 503 Lido a perpetual, non-exclusive
easement (the "Non -Exclusive Parking Easement"), which is granted to 503 Lido as
owner of the 503 Lido Property as a non-exclusive easement appurtenant to the 503
Lido Property, for the ,parking of up to twelve (12) "automobiles" (as hereinafter
defined) within the Parking Areas on a first come, first served basis.
(b) NVLA may from time to time designate a portion of the Easterly
Parking Area (the "Designated Area") for the location of the 12 Spaces, which 12
Spaces shall either be contiguous to one another or located together in one
location separated only by walkways, driveways or landscape medians. It shall
be the sole obligation of NVLA to stripe the Designated Area and to provide signs
designated the Designated Area as the parking area for "503 Lido and its Agents"
(as hereinafter defined). 503 Lido agrees to reimburse NVLA for all reasonable
costs (which costs shall be at competitive rates) incurred by NVLA in installing
signs designating the Designated Area as the parking area for 503 Lido and its
Agents within thirty (30) days following receipt of reasonable evidence of such
costs. NVLA shall have the right from time to time following at least sixty (60)
days' notice to 503 Lido to relocate the Designated Area to other portions of the
Easterly Parking Area or as permitted pursuant to Section 4. In the event the
"fes3gnat'ed Area is—r-e-rocated to other portions of the Easterly Parking Area, 503
Lido shall not be responsible for reimbursing NVLA for the cost of striping the
new Designated Area or for the cost of installing signs designating the new
Designated Area as the parking area for 503 Lido and its Agents. 503 Lido
acknowledges that up to twenty-five percent (25%) of the parking spaces within
the Designated Area may be sized for the parking of "compact" automobiles (the
"Designated Area Compact Spaces Percentage"); provided, however, if the
percentage of compact automobile spaces in the remainder of the Parking Areas is
less than twenty-five percent (25%) on the first day of any calendar year, then
the Designated Area Compact Spaces Percentage will be modified to be consistent
with the then percentage of compact automobile spaces in the remainder of the
Parking Areas for the applicable calendar year, subject to modification on the
first day of each succeeding calendar year.
(c) 503 Lido acknowledges that NVLA shall have no obligation to
police the use of the Designated Area so that other users of the Parking Areas
do not use the Designated Area. 503 Lido shall notify NVLA in writing (the
"Parking Notice") in the event that all or a portion of the parking spaces in the
Designated Area are used by any persons other than 503 Lido and its Agents;
provided, however, in the event of such an unauthorized use, 503 Lido and its
Agents shall have the right to use an equivalent number (i.e., the number of
parking spaces within the Designated Area being used by the owners and lessees
of the NVLA Property or their agents, contractors, employees or invitees or
others) of other parking spaces within the Easterly Parking Area, to the extent
available.
(d) The Non -Exclusive Parking Easement may be exercised by the owners, lessees or occupants (and their clients, agents and representatives) of 8t/�
the 503 Building or their customers or invitees (collectively referred to as "503
Lido and its A eg nts"). 503 Lido and its Agents shall not utilize the 12 Spaces
for any purpose other than parking for the 503 Lido Building, nor shall 503 Lido
and its Agents authorize or consent to the use of the 12 Spaces by parties not
having business in the 503 Building and/or for any unauthorized use. In no event
shall 503 Lido or its Agents charge or collect any revenue or other consideration
for the use of the 12 Spaces, except that 503 Lido may impose and collect
reimbursements from its tenants, subtenants and/or occupants to offset all or any
portion of the Parking Charge.
(e) Notwithstanding anything contained in this Agreement to the
contrary, in the event NVLA determines in its sole and absolute discretion not
to provide the Designated Area to 503 Lido and its Agents, NVLA shall have the
right upon at least sixty (60) days prior written notice to 503 Lido to no longer
provide a Designated Area to 503 Lido and its Agents and 503 Lido and its Agents
shall thereafter have the right, on a non-exclusive basis in common with the
owner of the NVLA Property and its lessees and their agents, contractors,
employees and invitees to use up to twelve (12) automobile parking spaces within
the Parking Areas (the "Parking Areas Non -Exclusive Easement"). NVLA shall have
the right, in its sole and absolute discretion, to provide the 12 Spaces to 503
Lido and its Agents through the Designated Area or through the non-exclusive use
of up to 12 automobile parking spaces within the Parking Areas.
(f) As used herein, the term "automobiles" shall be deemed to
include cars, vans, sports utility vehicles and pickup trucks, but shall exclude
trucks, trailers and other similar oversized vehicles.
GAGLICK 24361 125039 14 2 03/22/94
2. Users of Non -Exclusive Easement. 503 Lido agrees to submit to NVLA
or, at NVLA's election, directly to NVLA's parking operator with a copy to NVLA,
written notice in a form reasonably specified by NVLA containing the names and office addresses and telephone numbers of those persons who are authorized by 503 r7
Lido to use the Non -Exclusive Easement (excluding customers and invitees of 503
Lido and its lessees) ("503 Lido's Authorized Users") and shall identify each
vehicle of 503 Lido's Authorized Users by make, model and license number. 503
Lido agrees to deliver such notice prior to the Effective Date and to
periodically update such notice as well as upon specific request by NVLA or
NVLA's parking operator to reflect changes to 503 Lido's Authorized Users or
their vehicles.
3. Maintenance and Repair of Parking Areas. NVLA shall be obligated to
maintain and repair that portion of the Parking Areas used by 503 Lido and its
Agents in a good, clean and orderly condition reasonably consistent with similar
properties located within the geographic area of the NVLA Property.
4. Rearrangement and Substitution of Parking Areas.
(a) NVLA shall have the right from time to time to rearrange the
Parking Areas or to close all or a portion of the Parking Areas for remodeling
or as a result of damage or destruction, condemnation or force majeure events.
In addition, NVLA shall have the right to construct subterranean and above -ground
parking structures on the NVLA Property and provide the Parking Areas Non -
Exclusive Easement within such structures; provided, however, NVLA shall also
have the right, but not the obligation, to provide the Designated Area within
such structures so long as such Designated Area is located in only one (1) such
structure and the Designated Area is located no further from the 503 Building
than the furthest point of the Easterly Parking Area as shown on Exhibit C, and
the Designated Area within such structure is placed at a reasonable location
therein as determined by NVLA and/or those third parties owning and/or
pparticipating in such structures, if any, provided the Designated Area shall not
be the least desirable area within the structure nor shall it be the most
desirable area within the structure.
(b) NVLA shall further have the right to provide the Designated
Area or the Parking Areas Non -Exclusive Easement to 503 Lido on property not
presently owned by NVLA (which may be within parking structures and/or surface
parking areas), provided, however, in the case of the Designated Area, such
Designated Area shall be located no further from the 503 Building than the
furthest point of the Easterly Parking Area is located from the 503 Building and,
in the case of the Parking Areas Non -Exclusive Easement, such property is located
no further from the 503 Building than the furthest portion of the Parking Area
is presently located from the 503 Building, and, provided further, in either
event, access to and ingress and egress from the Designated Area or the Parking
Areas Non -Exclusive Easement shall be substantially as convenient as if they were
located within the Parking Areas.
5. Validated Parking. NVLA shall have the right to provide validated
parking (which will allow NVLA to charge persons for the right to park in the
Parking Areas) with respect to all or portions of the Parking Areas and 503 Lido
and its Agents shall conform to all of the reasonable procedures and rules in
connection with such validated parking; provided, however, 503 Lido and its
Agents shall have the right to receive validations sufficient to allow 503 Lido
and its Agents to use the 12 Spaces without charge (other than its responsibility
for the "Parking_ Charge" (as hereinafter defined) Monday through Friday between
7:00 a.m, and 700 p.m. and on Saturday between 8:00 a.m. and 1:00 p.m.; provided
further, however, in the event 503 Lido and its Agents park in the Parking Areas
and, upon leaving the Parking Areas, do not have sufficient validations to pay
for the parking charges (despite NVLA having provided 503 Lido the parking
validations as set forth above) , such persons shall be required to pay the
standard charges for parking in the Parking Areas with respect to any unvalidated
time. Notwithstanding anything contained in this Section 5 to the contrary, NVLA
shall have the right to institute all reasonable rules and regulations with
respect to the validation of customers and invitees of the users of the Parking
Areas, so long as such rules and regulations are applied on a non-discriminatory n
basis to all such customers and invitees, which rules and regulations may
include, but not be limited to, the establishment of a maximum validation period
for such customers and invitees; provided, however, subject to the terms and
conditions of this Agreement, in no event shall the tenants and employees of 503
Lido and their customers and invitees be treated less favorably under such rules
and regulations than the tenants and employees of the Griffith Building (which
building is located at 3471 Via Lido, Newport Beach, California) and their
customers and invitees.
6. Cessation of Office Use From 503 Building. Notwithstanding anything
contained in this Agreement to the contrary, 503 Lido shall have no right to use
the 12 Spaces during periods when (a) it is using more than fifty percent (50%) ?
of the leasable floor area of the 503 Building for "retail uses" (as hereinafter
defined) or (b) it is using any portion of the 503 Building for a restaurant,
nightclub, discotheque or similar entertainment use; in addition, in the event U
503 Lido ceases to use the 503 Building for office uses and/or retail uses (as G 0
permitted above) for a consecutive twelve (12) month period and such cessation
GAGLICK 24361 125039 14 3 03/22/94
is not due to remodeling, damage or destruction, condemnation or any other cause
beyond the reasonable control of 503 Lido, this Agreement shall terminate and be
of no further force or effect. In the event any cessation of the use of the 503
Building is the result of remodeling, damage or destruction or condemnation and
such cessation continues for a period in excess of eighteen (18) consecutive
months, this Agreement shall terminate and be of no further force or effect;
provided, however, vacancy, even of the entire 503 Building, is not a cessation
of the use of the 503 Building. 503 Lido shall never have the right to use more
than the 12 Spaces. As used in this Section 6, "retail uses" shall mean retail
stores selling goods or primarily services to consumers. In the event 503 Lido
and its Agents utilize more than the 12 Spaces or use the 12 Spaces for an
unauthorized use, NVLA shall have the right, in addition to all of the other
rights and remedies provided to NVLA pursuant to this Agreement, to give notice
thereof to 503 Lido, in which event 503 Lido shall promptly institute reasonable
supervision procedures so as to cause such unauthorized use to cease.
Parking Charge.
(a) 503 Lido shall pay to NVLA, without notice, demand, set-off,
counterclaim, abatement or deduction whatsoever, as compensation for its right
to use the 12 Spaces, the annual amount of Two Thousand Five Hundred Twenty
Dollars ($2,520.00) (which represents Seventeen and 50/100 Dollars ($17.50) per
parking space per month) (the "Parking Charge") subject to adjustment as provided
below, which Parking Charge shall be paid in monthly instalments in advance on
or before the first day of each calendar month commencing upon the "Effective
Date" (as hereinafter defined) and shall be considered delinquent if not so paid
on or before the tenth day of each month. If the .Effective Date commences on a
day other than the last day of a calendar month, the Parking Charge for such
month shall be a prorated portion of the monthly Parking Charge, based upon a
thirty (30) day month.
(b) Commencing with the first day of the first calendar month which
is twelve (12) months from the Effective Date (the "Start Date") and on each
anniversary of the Start Date thereafter (each such anniversary being hereinafter
referred to as an "Adjustment Date"), the Parking Charge payable for the month
immediately preceding such Adjustment Date shall be increased by three percent
(3%). All such adjustments shall be compounded. The Parking Charge as adjusted
shall be the Parking Charge until the next Adjustment Date.
(c) If the Parking Charge or any other sum due from 503 Lido shall
not be received by NVLA within ten (10) days after said amount is due, then 503
Lido shall pay to NVLA a late charge equal to three percent (3%) of the overdue
amount. Such late charge shall be in addition to all of NVLA's other rights and
remedies hereunder or at law or in equity and shall not be construed as
liquidated damages nor as limiting NVLA's remedies in any manner. In addition
to the late charge described above, any Parking Charge or other amounts owing
hereunder which are not paid within ten (10) days of when due shall bear interest
from the date when due until paid at the lower of four percent (48) above the
discount rate charged by the Federal Reserve Bank in closest proximity to the
NVLA Property to its member banks, or the maximum rate allowed by applicable
usury law.
8. Via Oporto Wall Opening. A wall (the "Via Opporto Wall") currently
exists on the NVLA Property in the location depicted on Exhibit C. An opening
presently exists in the Via Opporto Wall (the "Via Opporto Wall Opening") as
depicted on Exhibit C. NVLA agrees that it will not close the Via Opporto Wall
Opening and will maintain same in its present condition (at least with respect
to the portion of the Via Opporto Wall Opening located on the NVLA Property) for
so long as such opening is reasonably necessary for pedestrian access by 503 Lido
and its Agents between the 12 Spaces and the 503 Building; provided, however,
NVLA shall have the right to change the Via Opporto Wall Opening (and maintain
same) in the event it provides substantially equivalent and convenient pedestrian
access between the 12 Spaces and the 503 Building.
9. Lighting of 12 Spaces. NVLA shall, subject to force majeure events,
light the 12 Spaces from dusk until 8:00 p.m. Monday through Friday with lighting
equivalent to the lighting used for the remainder of the NVLA Property.
10. Liability Insurance. During any period of time that 503 Lido and its
Agents are using the 12 Spaces, 503 Lido shall, at its own expense, maintain
adequate commercial general liability insurance with a reputable insurance
company or companies with minimum amounts of One Million Dollars ($1,000,000.00)
(which amount shall be increased in accordance with industry standards for
similar properties and for similar type insurance risks) combined single limit
for broad form bodily injury, personal injury and property damage liability,
insuring NVLA against any claims, demands, losses, damages, liabilities and ex-
penses relating to 503 Lido and its Agents' use of the 12 Spaces and/or the
Parking Areas. NVLA shall be an additional insured on such commercial general
liability insurance, at no cost or expense to NVLA.
11. Rules and Regulations. Any exercise of rights pursuant to the
Parking Easement he be conducted in such a manner as to avoid material
interference with the operation of business upon the NVLA Property and shall be
GAGLICK 24361 125039 14 4 03/22/94
•
in accordance with the rules and regulations attached hereto as Exhibit D and
incorporated herein by this reference. NVLA shall have the right to make
reasonable non-discriminatory changes to the rules and regulations from time to
time and 503 Lido shall be bound by such changes.
12. Transferability of Parking Rights. The parking rights (including,
but not limited to, any validations provided to 503 Lido and its Agents pursuant
to Section 5) granted to 503 Lido and its Agents pursuant to this Agreement shall
not be transferable to any other person or entity, and NVLA shall have the right
to deny parking privileges to any such transferee or charge such transferee for
parking in the Parking Areas in accordance with NVLA's then prevailing charges
for unvalidated parking in the Parking Areas.
13. Effectiveness. Notwithstanding anything contained in this Agreement
to the contrary, this Agreement shall be of no force and effect and the Original
Off -Site Parking Agreement shall remain in full force and effect (as well as the
parties rights and obligations thereunder) until the City approves a parking
variance (the "Parking Variance") for the 503 Building on the terms and
conditions contained in this Agreement. NVLA agrees to promptly file any
application in connection with the request for the Parking Variance. This
Agreement shall become effective (the "Effective Date") upon the approval of the
Parking Variance, so long as such approval is in accordance with the foregoing
terms and conditions. 503 Lido shall cooperate with NVLA in processing the
Parking Variance and will sign all agreements in connection therewith that are
consistent with this Agreement and that do not create any liability or obligation
for 503 Lido other than those set forth in this Agreement. In the event the
Effective Date does not occur on or before December 31, 1994, this Agreement
shall terminate and be of no force or effect and the Original Off -Site Parking
Agreement shall continue in full force and effect (as well as the parties rights
and obligations thereunder).
14. Limitation of Liability. 503 Lido and its Agents, as a material part
of the consideration to NVLA, hereby assumes all risk of damage to automobiles
using the NVLA Property or injury to persons or property in, upon or about the
NVLA Property, from any cause other than NVLA's gross negligence or willful
misconduct, and 503 Lido and its Agents hereby waive all claims in respect
thereof against NVLA. In addition, 503 Lido and its Agents acknowledges that (a)
NVLA shall have absolutely no obligation to provide security of any type in
connection with 503 Lido and its Agents' use of the 12 Spaces and (b) NVLA shall
have no obligation to light the Designated Area after 8:00 p.m. on Monday through
Friday nor on Saturday or Sunday.
15. Notices. Any notices required or permitted to be given to either
party pursuant to this Agreement shall be in writing and may be delivered in
person (by hand or by messenger or courier service) or may be sent by regular,
certified or registered mail or U.S. Postal Service Express Mail, with postage
prepaid, and shall be deemed sufficiently given if served in a manner specified
herein. The addresses of the parties for delivery or mailing of notice shall be
as follows, unless either party by written notice to the other party, specifies
a different address for notice purposes:
NVLA: Newport Via Lido Associates
c/o Fritz Duda Company
3471 Via Lido, Suite 207
Newport Beach, California 92663
Attention: Mr. J. Patrick Galvin, Jr.
503 LIDO: 503 Lido Partners, Ltd.
c/o Jakosky Properties
503 32nd Street, Suite 200
Newport Beach, California 92663
Attention: Mr. Jack Jakosky
Any notice sent by registered or certified mail, return receipt requested, shall
be deemed given on the date of delivery shown on the receipt card, or if no
delivery date is shown, the postmark thereon. If sent by regular mail the notice
shall be deemed given three (3) business days after the same is addressed as
required herein and mailed with postage prepaid. Notices delivered by United
States Express Mail or overnight courier that guarantees next day delivery shall
be deemed given upon delivery or refusal of delivery. If notice is received on
a Sunday or legal holiday, it shall be deemed received on the next business day.
16. Successors and Assigns. The Non -Exclusive Parking Easement, as the
same has been granted to 503 Lido appurtenant to the 503 Property pursuant to
this Agreement, shall run with the land of the NVLA Property and the 503 Lido
Property for the benefit of the 503 Lido Property and every portion thereof, and
burdening the NVLA Property and every portion thereof, and shall apply to and
bind the respective successors in interest to the NVLA Property and every portion
thereof for the benefit of the successors in interest to the 503 Lido Property
and every portion thereof, in accordance with applicable law, including, but not
limited to, Section 1468 of the Civil Code of the State of California.
GAGLICK 24361 125039 14 5 03/22/94
17. Iniunction. The parties acknowledge and agree that they have
bargained for specific performance of the covenants, conditions, restrictions,
rights, easements, and rights -of -way contained in this Agreement, and all other
provisions hereof, and that each party entitled to enforcement of the terms
hereof shall be entitled to injunctive relief, including but not limited to
temporary restraining orders, preliminary injunctions and permanent injunctions,
both mandatory and prohibitory, in addition to all other remedies available to
such party pursuant to this Agreement or at law or in equity.
18. Nonwaiver. No waiver of any provision of this Agreement shall be
implied by any failure of either party to enforce any remedy on account of the
violation of such provision, even if such violation shall continue or be repeated
subsequently. Any waiver by either party of any provision of this Agreement may
only be in writing. Additionally, no express waiver shall affect any provision
other than the one specified in such waiver and then only for the time and in the
manner specifically stated.
19, Entire Agreement. This Agreement constitutes the entire agreement
of the parties with respect to the subject matter hereof. This Agreement may be
modified only in writing, signed by the parties in interest at the time of the
modification.
20. Authority. Each party acknowledges and represents that the persons
signing on its behalf have been authorized to enter into this Agreement either
on the basis of its corporate authority or a resolution of its governing board.
21. Attorneys' Fees. In the event party shall institute any action or
proceeding against the other party relating to this Agreement, the unsuccessful
party in such action or proceeding shall reimburse the successful party for its
disbursements incurred in connection therewith and for its reasonable attorneys'
fees as fixed by the court. In addition to the foregoing award of attorneys'
fees to the successful party, the successful party in any lawsuit on this
Agreement shall be entitled to its attorneys' fees incurred in any post -judgment
proceedings to collect or enforce the judgment. This provision is separate and
several and shall survive any merger of this Agreement into any judgment on this
Agreement.
22. Severability. The invalidity or unenforceability of any provision
of this Agreement, as determined by a court of competent jurisdiction, shall in
no way affect the validity or enforceability of any other provision hereof.
23. Recordation. Promptly following the Effective Date, NVLA shall cause
this Agreement to be recorded in the Official Records of Orange County,
California. Any costs of recording charged by the Orange County recorder's
office (as well as any documentary transfer taxes) shall be borne equally by the
parties.
24. Governing Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of California.
GAGLICK 24361 125039 14 6 03/22/94
25. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written in their names on their behalf by
their respective duly authorized representatives.
NVIA:
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporation, its General Manager
By:
Print Name:
Its:
Dated:
503 LIDO:
503 LIDO PARTNERS, LTD., a California
Limited Partnership
By:
Print Name:
Its:
Dated:
By:
Print Name:
Its:
Dated:
CITY:
CITY OF NEWPORT BEACH, a municipal
corporation
By:
Print Name:
Its:
Dated:
By:
Print Name:
Its:
Dated:
GAGLICK 24361 125039 14 7 03/22/94
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 199_, before me, the undersigned, a Notary Public in
and f&-r-said County and State, personally appeared
, personally known tome (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by hiser/their signature(s) on the instrument the person(s), or the entity upon
behalfof which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 199_, before me, the undersigned, a Notary Public in
and for said ounty and State, personally appeared
, personally known tome (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 199_, before me, the undersigned, a Notary Public in
and for saidCounty and State, personally appeared
, personally known to me (or
proved to me on the basis ot satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
GAGLICK 24361 125039 14 03/22/94
•
EXHIBIT A
Legal Description of 503 Lido Property
Lot 6, Tract 1117, as recorded In Book 35, page 48 of
Miscellaneous Maps of the records of Orange County, excepting
therefrom the easterly 114 feet.
EXHIBIT B
Legal Description of NVLA Property.
PARCEL 1:
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
%CALIFORNIA* AS SHOWN ON A PARCEL MAP FILED IN BOOK 89 PAGES 1 AND 2 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
,PARCEL 2:
A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF SECTION 28, TOWNSHIP 6, SOUTH..RANGE 10 WEST. S.B.B. 8 M.,
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGES STATE OF CALIFORNIA#
DESCRIBED AS:
THE WESTERLY 180 FEET OF THE NORTHERLY 30 FEET OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED
IN BOOK 1011, PAGE 379 OF THE OFFICIAL RECORDS OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 AS DESCRIBED IN A DEED
RECORDED IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS WHICH LIES WITHIN
THE PARCEL FIRST DESCRIBED ABOVE.
•
The NVLA E=fM
Exhibit "A"
O a a r . NO
Exhibit D
Rules and Regulations
The following rules and regulations govern the use of the Parking Areas
located on the NVLA Property. 503 Lido will be bound by such rules and
regulations and agrees to cause its employees, subtenants, assignees,
contractors, suppliers, customers and invitees to observe the same:
1. 503 Lido will not permit or allow any automobiles that belong to or
are controlled by 503 Lido or 503 Lido's employees, subtenants, customers or
invitees to be loaded, unloaded or parked in areas other than those designated
by NVLA for such activities. No automobiles are to be left in the Parking Areas
overnight. No extended term storage of automobiles is permitted.
2. Automobiles must be parked entirely within painted stall lines of a
single parking stall.
3. All directional signs and arrows must be observed.
4. The speed limit within all Parking Areas shall be five (5) miles per
hour.
5. Parking is prohibited: (a) in areas not striped for parking; (b) in
aisles or on ramps, (c) where "no parking" signs are posted; (d) in cross -hatched
areas; and (e) in other areas as may be designated from time to time by NVLA or
NVLA's parking operator,
6. NVLA reserves the right, without cost or liability to NVLA, to tow
any automobiles if such automobile's audio theft alarm system remains engaged for
an unreasonable period of time.
7. Washing, waxing, cleaning or servicing of any automobile in any area
not specifically reserved for such purpose is prohibited.
8. NVLA may refuse to permit any person to park in the parking
facilities who violates these rules with unreasonable frequency, and any
violation of these rules shall subject the violator's car to removal, at such car
owner's expense. 503 Lido agrees to use its best reasonable efforts to acquaint
its employees, subtenants, assignees, contractors, suppliers, customers and
invitees with these parking provisions, rules and regulations.
9. Parking stickers, access cards, or any other device or form of
identification supplied by NVLA as a condition of use of the parking facilities
shall remain the property of NVLA. Parking identification devices, if utilized
by NVLA, must be displayed as requested and may not be mutilated in any manner.
The serial number of the parking identification device may not be obliterated.
Parking identification devices, if any, are not transferable and any device in
the possession of any unauthorized holder will be void.
10. All damage or loss claimed to be the responsibility of NVLA must be
reported, itemized in writing and delivered to NVLA or its parking operator
within ten (10) business days after any claimed damage or loss occurs. Any claim
not so made is waived. NVLA shall not be responsible for damage by water or
fire, or for the acts or omissions of others, or for articles left in
automobiles. NVLA is not responsible for loss of use.
11. The parking operators, managers or attendants are not authorized to
make or allow any exceptions to these rules and regulations, without the express
written consent of NVLA. Any exceptions to these rules and regulations made by
the parking operators, managers or attendants without the express written consent
of NVLA will not be deemed to have been approved by NVLA.
12. NVLA reserves the right, without cost or liability to NVLA, to tow
any automobiles which are used or parked in violation of these rules and
regulations.
13. NVLA shall have the right to close all or any portion of the Parking
Areas to such extent as may in the opinion of NVLA be necessary to prevent a
dedication thereof or the accrual of any rights of any person or of the public
therein; to close temporarily all or any portion of the Parking Areas to dis-
courage non -customer use; to use portions of the Parking Areas while engaged in
making additional improvements or repairs or alterations to the NVLA Property;
and to do and perform such other acts in, to, and with respect to the Parking
Areas as NVLA shall determine to be appropriate for the NVLA Property.
14. 503 Lido shall not use any of the Parking Areas for:
(a) Soliciting orders or selling or distributing any merchandise,
device, service, periodical, book, pamphlet, or other matter;
(b) Exhibiting any sign, placard, banner, notice or other written
material;
GAGLICK 24361 125039 14 Exhibit D - Page 1 03/22/94
(c) Distributing any circular, booklet, handbill, placard, or other
material;
(d) Soliciting membership in any organization, group, or asso-
ciation or soliciting contributions for any purpose;
(e) Parading, patrolling, picketing, demonstrating or engaging in
conduct that might interfere with the use of the Parking Areas or be detrimental
to any of the business establishments in the NVLA Property;
(f) Any purpose when none of the business establishments in the
NVLA Property are open for business;
(g) Discarding any paper, glass, or extraneous matter of any kind
except in designated receptacles;
(h) Using a sound -making device of any kind or making or permitting
any noise that is annoying, unpleasant, or distasteful;
(i) Damaging any sign, light standard, fixture, landscaping
material or other improvement or property within the NVLA Property; or
(j) Overnight parking.
15. The above listing of specific prohibitions is not intended to be
exclusive, but is intended to indicate the manner in which the right to use the
Parking Areas solely as a means of access and convenience in shopping at the
business establishments in the NVLA Property is limited and controlled by NVLA.
16. 503 Lido and its employees, representatives and invitees shall not
loiter in the parking areas or other portions of the Parking Areas, and shall not
in any way obstruct the sidewalks, entry passages, pedestrian passageways,
stairways, driveways, entrances and exits, but shall use same only for purposes
of ingress to and egress from the Premises.
17. 503 Lido and its employees, representatives and invitees shall not
throw cigar or cigarette butts or other substances or litter of any kind in or
about the NVLA Property, except in receptacles placed therein by NVLA for such
purposes.
18. NVLA reserves the right to exclude or expel from the NVLA Property
any person who, in NVLA'S judgment, is intoxicated or under the influence of
liquor or drugs, is engaged in illegal conduct or conduct detrimental to any of
the businesses in the NVLA Property or who is in violation of any of the Rules
and Regulations for the NVLA Property. NVLA further reserves the right to
prevent access to the NVLA Property or any portion thereof in case of invasion,
mob, riot, public excitement or other commotion by such action as NVLA shall deem
appropriate.
19. NVLA may waive any one or more of these Rules and Regulations for the
benefit of 503 Lido or any other tenant, but no such waiver by NVLA shall be
construed as a waiver of such Rules and Regulations in favor of any other tenant.
20. These Rules and Regulations are in addition to, and shall not be
construed to in any way modify or amend, in whole or in part, the terms, coven-
ants, agreements and conditions of the Agreement.
21. NVLA reserves the right from time to time to modify and/or adopt such
other reasonable and non-discriminatory rules and regulations for the Parking
Areas as it deemed reasonably necessary for the operation of the Parking Areas,
provided such new or modified rules and regulations do not unreasonably conflict
with the terms and conditions of this Agreement.
22. Notwithstanding anything contained in these rules and regulations to
the contrary, 503 Lido shall be obligated to use its good faith reasonable
efforts to cause its lessees or occupants (and their designated clients, agents
and representatives) to fully comply with these rules and regulations; provided,
however, 503 Lido shall not be liable for the breach of any of these rules and
regulations by its lessees or occupants (and their designated clients, agents and
representatives) unless 503 Lido fails to use its good faith reasonable efforts
to cause its lessees or occupants (and their designated clients, agents and
representatives) to fully comply with these rules and regulations. 503 Lido
shall be obligated to attach these rules and regulations to any lease signed at
the 503 Lido Building after the date of this Agreement, and shall provide in any
such lease that the tenant shall be obligated to comply therewith and that NVLA
shall have the absolute right to directly enforce such rules and regulations
against such tenant if it so elects. 503 Lido agrees to provide a copy of these
rules and regulations (and all amendments thereto) to all tenants existing at the
503 Lido Building as of the date of this Agreement.
GAGLICK 24361 125039 14 Exhibit D - Page 2 03/22/94
Real Estate Investment Burs • Developers •
3471 Via Lido
Suite 207
Newport Beach, CA 92663.3929
(714) 723.7100
FAX (714) 723.1141
Three First National Plaza
70 West Madison Street
Suite 5444
Chicago, IL 60602.4221
(312) 759.3600
FAX (312) 759.3636
February 25, 1994
Mr. William Ward
Senior Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659
Re: Parking Variance No. 1187 (503 32nd Street Building)
Off -Site Parking Agreement
Dear Bill:
Pursuant to your request, I am enclosing herein a revised Off -Site Parking
Agreement which has been negotiated between the owners of the 503 32nd Street
Building and the owners of Via Lido Plaza. I understand you will circulate this to the
City Attorney for his review also and to any other individuals at the City whose review
is required. Thank you for your cooperation in this matter and we look forward to
submission of the variance for Planning Commission approval on March 10, 1994.
Sincerely,
J. Patrick G Ivi , Jr.
Vice Presided
JPG/mcc
Enclosure
cc: Jack Jakosky
Fritz L. Duda
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
COX, CA LE'& HOLSON
2049 Cantu rk East, Suite 2800 CITY OF NEWPORT BEACH
Los Angel , Ca' nia 90067 ,% PLANNING DEPARTMENT
Attn: G A. Glick, q. 3300 NEWPORT BOULEVARD
P.O. BOX 1768
NEWPORT BEACH, CALIFORNIA92658.8916
(Space Above Line for Recorder's Use Only)
FIRST AMENDED AND RESTATED OFF-STREET PARKING AGREEMENT
THIS FIRST AMENDED AND RESTATED OFF-STREET PARKING AGREEMENT
(this "Agreement") is made and entered into as of the _ day of , 1994, by and
between NEWPORT VIA LIDO ASSOCIATES, a California limited partnership ("NVLA"), 503
LIDO PARTNERS, LTD., a ("503 Lido"), and the CITY
OF NEWPORT BEACH, a municipal corporation (the "'Ci N").
RECITALS
A. Earl G. Sawyer and Eleanor B. Sawyer (collectively, "Sawyer"), Griffith
Company ("Griffith") and City have previously entered into that certain Off -Site Parking
Agreement (the "Original Off -Site Parking Agreement") dated as of March 5, 1968, which
Original Off -Site Parking Agreement was recorded in the Official Records of Orange
County on March 13, 1968, in Book 8541, Pages 383-387.
B. 503 Lido is the successor in interest to Sawyer under the Original Off -Site
Parking Agreement.
C. NVLA is the successor in interest to Griffith under the Original Off -Site
Parking Agreement.
D. 503 Lido is the owner of that certain real property located in the City of
Newport Beach, County of Orange, State of California, and more particularly described
on Exhibit A attached hereto and incorporated herein by this reference (the "503 Lido
Pro a "). An office building (the "503 Building") is presently located on the 503 Lido
Property.
E. NVLA is the owner of that certain real property located in the City of
Newport Beach, County of Orange, State of California, and more particularly described
on Exhibit B attached hereto and incorporated herein by this reference (the "NVLA
Pro a "). The NVLA Property is presently developed with retail/commercial buildings,
landscaping and parking areas (the "Parking Areas") including, without limitation, that
portion of the Parking Areas located within the area designated as the "Easterly Parking
Area" on the Site Plan attached hereto as Exhibit C and incorporated herein by this
reference.
F. The 503 Lido Property and the NVLA Property are depicted on the Site Plan.
G. The Original Off -Site Parking Agreement was intended to allow the owner
of the 503 Building to meet certain City code requirements for parking by establishing a
parking easement on the NVLA Property for the non-exclusive use of twenty-four (24)
parking spaces by certain users of the 503 Building.
H. 503 Lido, NVLA and City now desire to enter into this Agreement to amend
and restate the Original Off -Site Parking Agreement to provide for, among other things,
(1) the reduction in the number of parking spaces 503 Lido is entitled to use on the NVLA
GAGUCK 24361 125039 9 02/24/94
Property from twenty-four (24) non-exclusive parking spaces to twelve (12) non-exclusive
parking spaces (the "12 Spaces'), (ii) the right of NVLA to designate a specific portion of
the Parking Areas to be non -exclusively used by 503 Lido for the 12 Spaces, (III) the
monthly parking charge payable by 503 Lido for the right to use the 12 Spaces, and (iv)
the designation of those persons. entitled to use the 12 Spaces. 503 Lido, NVLA and City
further agree that it is the intent of this Agreement to prevent unauthorized users from
using the Parking Areas.
I. The parties acknowledge that this Agreement amends and restates the
Original Off -Site Parking Agreement in its entirety and that so amended and restated, it
will remain in full force and effect and will read as provided in this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, 503 Lido, NVLA and the City hereby agree
as follows:
1. Grant of Non -Exclusive Parking Easement.
(a) NVLA hereby grants to 503 Lido a perpetual, non-exclusive easement
(the "Non -Exclusive Parking Easement"), which is granted to 503 Lido as owner of the 503
Lido Property as a non-exclusive easement appurtenant to the 503 Lido Property, for the
parking of up to twelve (12) "automobiles" (as hereinafter defined) within the Parking
Areas on a first come, first served basis.
(b) NVLA may from time to time designate a portion of the Easterly
Parking Area (the "Designated Area") for the location of the 12 Spaces, which 12 Spaces
shall either be contiguous to one another or located together in one location separated
only by walkways, driveways or landscape medians. it shall be the sole obligation of
NVLA to stripe the Designated Area and to provide signs designated the Designated Area
as the parking area for "503 Lido and its Agents" (as hereinafter defined). 503 Lido
agrees to reimburse NVLA for all reasonable costs (which costs shall be at competitive
rates) incurred by NVLA in installing signs designating the Designated Area as the parking
area for 503 Lido and its Agents within thirty (30) days following receipt of reasonable
evidence of such costs. NVLA shall have the right from time to time following at least
sixty (60) days' notice to 503 Lido to relocate the Designated Area to other portions of the
Easterly Parking Area or as permitted pursuant to Section 4. In the event the Designated
Area is relocated to other portions of the Easterly Parking Area, 503 Lido shall not be
responsible for reimbursing NVLA for the cost of striping the new Designated Area or for
the cost of installing signs designating the new Designated Area as the parking area for
503 Lido and its Agents. 503 Lido acknowledges that up to twenty-five percent (25%) of
the parking spaces within the Designated Area may be sized for the parking of "compact"
automobiles (the "Designated Area Compact Spaces Percentage"); provided, however,
if the percentage of compact automobile spaces in the remainder of the Parking Areas
is less than twenty-five percent (25%) on the first day of any calendar year, then the
Designated Area Compact Spaces Percentage will be modified to be consistent with the
then percentage of compact automobile spaces in the remainder of the Parking Areas for
the applicable calendar year, subject to modification on the first day of each succeeding
calendar year.
(c) 503 Lido acknowledges that NVLA shall have no obligation to police
the use of the Designated Area so that other users of the Parking Areas do not use the
Designated Area. 503 Lido shall notify NVLA in writing (the "Parking Notice") in the event
that all or a portion of the parking spaces in the Designated Area are used by any
persons other than 503 Lido and its Agents; provided, however, in the event of such an
unauthorized use and provided 503 Lido has provided the Parking Notice to NVLA, 503
Lido and its Agents shall have the right to use an equivalent number (i.e., the number of
parking spaces within the Designated Area being used by the owners and lessees of the
MUCK 24361 126039 9 2 02/24/94
NVLA Property or their agents, contractors, employees or invitees or others) of other
parking spaces within the Easterly Parking Area, to the extent available.
(d) The Non -Exclusive Parking Easement may be exercised by the
owners, lessees or occupants (and their clients, agents and representatives) of the 503
Building or their customers or invitees (collectively referred to as "503 Lido and its
Agents").
(e) Notwithstanding anything contained in this Agreement to the contrary,
in the event NVLA determines in its sole and absolute discretion not to provide the
Designated Area to 503 Lido and its Agents, NVLA shall have the right upon at least sixty
(60) days prior written notice to 503 Lido to no longer provide a Designated Area to 503
Lido and its Agents and 503 Lido and its Agents shall thereafter have the right, on a non-
exclusive basis in common with the owner of the NVLA Property and its lessees and their
agents, contractors, employees and invitees to use up to twelve (12) automobile parking
spaces within the Parking Areas (the 'Parking Areas Non -Exclusive Easement"). NVLA
shall have the right, in its sole and absolute discretion, to provide the 12 Spaces to 503
Lido and its Agents through the Designated Area or through the non-exclusive use of up
to 12 automobile parking spaces within the Parking Areas.
(f) As used herein, the term "automobiles" shall be deemed to include
cars, vans, sports utility vehicles and pickup trucks, but shall exclude trucks, trailers and
other similar oversized vehicles.
2. Users of Non -Exclusive Easement. 503 Lido agrees to submit to NVLA or,
at NVLA's election, directly to NVLA's parking operator with a copy to NVLA, written
notice in a form reasonably specified by NVLA containing the names and office addresses
and telephone numbers of those persons who are authorized by 503 Lido to use the Non -
Exclusive Easement (excluding customers and invitees of 503 Lido and its lessees) ("503
Lido's Authorized Users") and shall identify each vehicle of 503 Lido's Authorized Users
by make, model and license number. 503 Lido agrees to deliver such notice prior to the
Effective Date and to periodically update such notice as well as upon specific request by
NVLA or NVLA's parking operator to reflect changes to 503 Lido's Authorized Users or
their vehicles.
3. Maintenance and Repair of Parking Areas. NVLA shall be obligated to
maintain and repair that portion of the Parking Areas used by 503 Lido and its Agents in
a good, clean and orderly condition reasonably consistent with similar properties located
within the geographic area of the NVLA Property.
4. Rearrangement and Substitution of Parking Areas.
(a) NVLA shall have the right from time to time to rearrange the Parking
Areas or to close all or a portion of the Parking Areas for remodeling or as a result of
damage or destruction, condemnation or force majeure events. In addition, NVLA shall
have the right to construct subterranean and above -ground parking structures on the
NVLA Property and provide the Parking Areas Non -Exclusive Easement within such
structures; provided, however, NVLA shall also have the right, but not the obligation, to
provide the Designated Area within such structures so long as such Designated Area is
located in only one (1) such structure and the Designated Area is located no further from
the 503 Building than the furthest point of the Easterly Parking Area as shown on Exhibit
C, and the Designated Area within such structure is placed at a reasonable location
therein as determined by Landlord and/or those third parties owning and/or participating
in such structures, if any, provided the Designated Area shall not be the least desirable
area within the structure nor shall it be the most desirable area within the structure.
(b) NVLA shall further have the right to provide the Designated Area or
the Parking Areas Non -Exclusive Easement to 503 Lido on property not presently owned
by NVLA (which may be within parking structures and/or surface parking areas),
OAOLICK 24361 125039 9 3 02/24/94
provided, however, in the case of the Designated Area, such Designated Area shall be
located no further from the 503 Building than the furthest point of the Easterly Parking
Area is located from the 503 Building and, in the case of the Parking Areas Non -Exclusive
Easement, such property is located no further from the 503 Building than the furthest
portion of the Parking Area is presently located from the 503 Building, and, provided
further, in either event, access to and ingress and egress from the Designated Area or
the Parking Areas Non -Exclusive Easement shall be substantially as convenient as if they
were located within the Parking Areas.
5. Validated Parking. NVLA shall have the right to provide validated parking
(which will allow NVLA to charge persons for the right to park in the Parking Areas) with
respect to all or portions of the Parking Areas and 503 Lido and its Agents shall conform
to all of the reasonable procedures and rules in connection with such validated parking;
provided, however, in no event shall 503 Lido and its Agents be required to pay any extra
or additional charges for the use of such, validated parking (i.e., in addition to the "Parking
Charge" set forth in this Agreement); provided further, however, in the event 503 Lido and
its Agents park in the Parking Areas and, upon leaving the Parking Areas, do not have
sufficient validations to pay for the parking charges (despite NVLA having provided 503
Lido with sufficient parking validations), such persons shall be required to pay the
standard charges for parking in the Parking Areas with respect to any unvalidated time.
Notwithstanding anything contained in this Section 5 to the contrary, NVLA shall have the
right to Institute all reasonable rules and regulations with respect to the validation of
customers and invitees of the users of the Parking Areas, so long as such rules and
regulations are applied on a non-discriminatory basis to all such customers and invitees,
which rules and regulations shall include, but not be limited to, the establishment of a
maximum validation period for such customers and invitees.
6. Cessation of Office Use From 503 Building. Notwithstanding anything
contained in this Agreement to the contrary, 503 Lido shall have no right to use the 12
Spaces during periods when (a) it is using more than fifty percent (50%) of the leasable
floor area of the 503 Building for "retail uses" (as hereinafter defined) or (b) it is using any
portion of the 503 Building for a restaurant, nightclub, discotheque or similar
entertainment use; in addition, in the event 503 Lido ceases to use the 503 Building for
office uses and/or retail uses (as permitted above) (with the exception of normal
vacancies which exist despite reasonable marketing efforts by 503 Lido) for a consecutive
twelve (12) month period and such cessation is not due to remodeling, damage or
destruction, condemnation or any other cause beyond the reasonable control of 503 Lido,
this Agreement shall terminate and be of no further force or effect. In the event any
cessation of the use of the 503 Building is the result of remodeling, damage or destruction
or condemnation and such cessation continues for a period in excess of eighteen (18)
consecutive months, this Agreement shall terminate and be of no further force or effect.
503 Lido shall never have the right to use more than the 12 Spaces. As used in this
Section 6, "retail uses" shall mean retail stores selling goods to consumers, provided that
not more than twenty-five percent (25%) of the leasable floor area of the 503 Building shall
be used for "non -service commercial retail uses" (as hereinafter defined). As used in the
foregoing sentence, "non -service commercial retail uses" shall be deemed to include retail
uses other than service tenants and consumer service businesses such as medical,
dental, optometric, real estate, postal service, escrow, banking and similar businesses.
7. Parking Charge.
(a) 503 Lido shall pay to NVLA, without notice, demand, set-off,
counterclaim, abatement or deduction whatsoever, as compensation for its right to use
the 12 Spaces, the annual amount of Two Thousand Five Hundred Twenty Dollars
($2,520.00) (which represents Seventeen and 50/100 Dollars ($17.50) per parking space
per month) (the "Parking Charge") subject to adjustment as provided below, which
Parking Charge shall be paid in monthly installments in advance on or before the first day
of each calendar month commencing upon the "Effective Date" (as hereinafter defined)
and shall be considered delinquent if not so paid on or before the tenth day of each
GAGLICK 24361 125039 9 4 02/24/94
month. If the Effective Date commences on a day other than the last day of a calendar
month, the Parking Charge for such month shall be a prorated portion of the monthly
Parking Charge, based upon a thirty (30) day month.
(b) Commencing with the first day of the first calendar month which is
twelve (12) months from the Effective Date (the "Start Date") and on each anniversary of
the Start Date thereafter (each such anniversary being hereinafter referred to as an
"Adjustment Date"), the Parking Charge payable for the month immediately preceding
such Adjustment Date shall be increased by three percent (30/0). All such adjustments
shall be compounded. The Parking Charge as adjusted shall be the Parking Charge until
the next Adjustment Date.
(c) If the Parking Charge or any other sum due from 503 Lido shall not
be received by NVLA within ten (10) days after said amount is due, then 503 Lido shall
pay to NVLA a late charge equal to three percent (3%) of the overdue amount. Such late
charge shall be in addition to all of NVLA's other rights and remedies hereunder or at law
or in equity and shall not be construed as liquidated damages nor as limiting NVLA's
remedies in any manner. In addition to the late charge described above, any Parking
Charge or other amounts owing hereunder which are not paid within ten (10) days of
when due shall bear interest from the date when due until paid at the lower of four
percent (4%) above the discount rate charged by the Federal Reserve Bank in closest
proximity to the NVLA Property to its member banks, or the maximum rate allowed by
applicable usury law.
8. Via Opporto Wall Opening. A wall (the "Via Opporto Wall") currently exists
on the NVLA Property in the location depicted on Exhibit C. An opening presently exists
in the Via Opporto Wall (the "Via Opporto Wall Opening") as depicted on Exhibit C. NVLA
agrees that it will not close the Via Opporto Wall Opening for so long as such opening is
reasonably necessary for pedestrian access by 503 Lido and its Agents between the 12
Spaces and the 503 Building; provided, however, NVLA shall have the right to change the
Via Opporto Wall Opening in the event it provides substantially equivalent and convenient
pedestrian access between the 12 Spaces and the 503 Building.
9. Liability Insurance. During any period of time that 503 Lido and its Agents
are using the 12 Spaces, 503 Lido shall, at its own expense, maintain adequate
commercial general liability insurance with'a reputable insurance company or companies
with minimum amounts of One Million Dollars ($1,000,000.00) (which amount shall be
Increased in accordance with industry standards for similar properties and for similar type
insurance risks) combined single limit for broad form bodily injury, personal injury and
property damage liability, insuring NVLA against any claims, demands, losses, damages,
liabilities and expenses relating to 503 Lido and its Agents' use of the 12 Spaces and/or
the Parking Areas. NVLA shall be an additional insured on such commercial general
liability insurance, at no cost or expense to NVLA.
10. Rules and Regulations. Any exercise of rights pursuant to the Parking
Easement shall be conducted in such a manner as to avoid material interference with the
operation of business upon the NVLA Property and shall be in accordance with the rules
and regulations attached hereto as Exhibit D and incorporated herein by this reference.
NVLA shall have the right to make reasonable non-discriminatory changes to the rules
and regulations from time to time and 503 Lido shall be bound by such changes.
11. Effectiveness. Notwithstanding anything contained in this Agreement to the
contrary, this Agreement shall be of no force and effect and the Original Off -Site Parking
Agreement shall remain in full force and effect (as well as the parties rights and
obligations thereunder) until the City approves a parking variance (the "Parking Variance")
for the 503 Building on the terms and conditions contained in this Agreement. NVLA
agrees to promptly file any application in connection with the request for the Parking
Variance. This Agreement shall become effective (the "Effective Date") upon the approval
of the Parking Variance, so long as such approval is in accordance with the foregoing
QAGUCK 24361 125039 9 5 02/24/94
terms and conditions. 503 Lido shall cooperate with NVLA in processing the Parking
Variance and will sign all agreements in connection therewith that are consistent with this
Agreement and that do not create any liability or obligation for 503 Lido other than those
set forth in this Agreement. In the event the Effective Date does not occur on or before
December 31, 1994, this Agreement shall terminate and be of no force or effect and the
Original Off -Site Parking Agreement shall continue in full force and effect (as well as the
parties rights and obligations thereunder).
12. Limitation of Liability. 503 Lido and its Agents, as a material part of the
consideration to NVLA, hereby assumes all risk of damage to automobiles using the
NVLA Property or injury to persons or property in, upon or about the NVLA .Property,
from any cause other than NVLA's gross negligence or willful misconduct, and 503 Lido
and its Agents hereby waive all claims in respect thereof against NVLA. In addition, 503
Lido and its Agents acknowledges that (a) NVLA shall have absolutely no obligation to
provide security of any type in connection with 503 Lido and its Agents' use of the 12
Spaces and (b) NVLA shall have no obligation to light the Designated Area after 8:00 p.m.
on Monday through Friday nor on Saturday or Sunday.
13. Notices. Any notices required or permitted to be given to either party
pursuant to this Agreement shall be in writing and may be delivered in person (by hand
or by messenger or courier service) or may be sent by regular, certified or registered mail
or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficient-
ly given if served in a manner specified herein. The addresses of the parties for delivery
or mailing of notice shall be as follows, unless either party by written notice to the other
party, specifies a different address for notice purposes:
NVLA: Newport Via Lido Associates
c/o Fritz Duda Company
3471 Via Lido, Suite 207
Newport Beach, California 92663
Attention: Mr. J. Patrick Galvin, Jr.
503 LIDO: 503 Lido Partners, Ltd.
c/o Jakosky Properties
503 32nd Street, Suite 200
Newport Beach, California 92663
Attention: Mr. Jack Jakosky
Any notice sent by registered or certified mail, return receipt requested, shall be deemed
given on the date of delivery shown on the receipt card, or if no delivery date is shown,
the postmark thereon. If sent by regular mail the notice shall be deemed given three (3)
business days after the same is addressed as required herein and mailed with postage
prepaid. Notices delivered by United States Express Mail or overnight courier that
guarantees next day delivery shall be deemed given upon delivery or refusal of delivery.
If notice is received on a Sunday or legal holiday, it shall be deemed received on the next
business day.
14. Successors and Assigns. The Non -Exclusive Parking Easement, as the
same has been granted to 503 Lido appurtenant to the 503 Property pursuant to this
Agreement, shall run with the land of the NVLA Property and the 503 Lido Property for
the benefit of the 503 Lido Property and every portion thereof, and burdening the NVLA
Property and every portion thereof, and shall apply to and bind the respective successors
in interest to the NVLA Property and every portion thereof for the benefit of the
successors in interest to the 503 Lido Property and every portion thereof, in accordance
with applicable law, including, but not limited to, Section 1468 of the Civil Code of the
State of California.
GAGLICK 24361 125039 9 6 02/24/94
15. In unction. The parties acknowledge and agree that they have bargained
for specific performance of the covenants, conditions, restrictions, rights, easements, and
rights -of -way contained in this Agreement, and all other provisions hereof, and that each
party entitled to enforcement of the terms hereof shall be entitled to injunctive relief,
including but not limited to temporary restraining orders, preliminary, injunctions and
permanent injunctions, both mandatory and prohibitory, in addition to all other remedies
available to such party pursuant to this Agreement or at law or in equity.
16. Nonwaiver. No waiver of any provision of this Agreement shall be implied
by any failure of either party to enforce any remedy on account of the violation of such
provision, even if such violation shall continue or be repeated subsequently. Any waiver
by either party of any provision of this Agreement may only be in writing. Additionally, no
express waiver shall affect any provision other than the one specified in such waiver and
then only for the time and in the manner specifically stated.
17. Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof. This Agreement may be modified only
In writing, signed by the parties in interest at the time of the modification.
18. Authori1y. Each parry acknowledges and represents that the persons
signing on its behalf have been authorized to enter into this Agreement either on the basis
of its corporate authority or a resolution of its governing board.
19. Attorneys' Fees. In the event party shall institute any action or proceeding
against the other party relating to this Agreement, the unsuccessful party in such action
or proceeding shall reimburse the successful party for its disbursements incurred in
connection therewith and for its reasonable attorneys' fees as fixed by the court. In
addition to the foregoing award of attorneys' fees to the successful party, the successful
parry in any lawsuit on this Agreement shall be entitled to its attorneys' fees incurred in
any post -judgment proceedings to collect or enforce the judgment. This provision is
separate and several and shall survive any merger of this Agreement into any judgment
on this Agreement.
20. Severability. The invalidity or unenforceability of any provision of this
Agreement, as determined by a court of competent jurisdiction, shall in no way affect the
validity or enforceability of any other provision hereof.
21. Recordation. Promptly following the Effective Date, NVLA shall cause this
Agreement to be recorded in the Official Records of Orange County, California. Any costs
of recording charged by the Orange County recorder's office (as well as any documentary
transfer taxes) shall be borne equally by the parties.
22. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California.
MUCK 24361 125039 9 1 7 02/24/94
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written in their names on their behalf by their
respective duly authorized representatives.
NVLA:
NEWPORT VIA LIDO ASSOCIATES, a California
limited partnership
By: Fritz Duda Company, a Texas
corporation, its General Manager
0
Print Name:
Its:
Dated:
503 LIDO:
503 LIDO PARTNERS, LTD., a
22
Print Name:
Dated:
By:
Print Name:
Dated:
CITY:
CITY OF NEWPORT BEACH, a municipal
corporation
By:
Print Name:
GAGUCK 24361 125039 9 8 02/24/94
Dated:
By:
Print Name:
Its:
Dated:
GAGLICK 24361 125039 9 9 02/24/94
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On 199 , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
,personally known tome
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On 199 , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
,personally known tome
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
) ss.
COUNTY OF
On ,199 , before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
,personally knownto me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s), on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
GAGLICK 24361 125039 9 02/24/94
Notary Public
GAQLICK 24361 125039 9 11 02/24/94
Exhibit A
Legal Description of 503 Lido Property
l
GAGUCK 24361 125039 9 Exhibit A - Page 1 02/24/94
E
•
Exhibit B
Legal Description of NVLA Property
GAGLICK24361 1250399 Exhibit B - Page 1 02/24/94
Exhibit C
Site Plan
OAOLICK 24361 125039 9 Exhibit C - Page 1 02/24/94
•
Exhibit D
Rules and Regulations
The following rules and regulations govern the use of the Parking Areas located
on the NVLA Property. 503 Lido will be bound by such rules and regulations and agrees
to cause its employees, subtenants, assignees, contractors, suppliers, customers and
invitees to observe the same:
1. 503 Lido will not permit or allow any automobiles that belong to or are
controlled by 503 Lido or 503 Lido's employees, subtenants, customers or invitees to be
loaded, unloaded or parked in areas other than those designated by NVLA for such
activities. No automobiles are to be left in the Parking Areas overnight. No extended
term storage of automobiles is permitted.
2. Automobiles must be parked entirely within painted stall lines of a single
parking stall.
3. All directional signs and arrows must be observed.
4. The speed limit within all Parking Areas shall be five (5) miles per hour.
5. Parking is prohibited: (a) in areas not striped for parking; (b) in aisles or on
ramps, (c) where "no parking" signs are posted; (d) in cross -hatched areas; and (e) in
other areas as may be designated from time to time by NVLA or NVLA's parking
operator.
6. NVLA reserves the right, without cost or liability to NVLA, to tow any
automobiles if such automobile's audio theft alarm system remains engaged for an
unreasonable period of time.
7. Washing, waxing, cleaning or servicing of any automobile in any area not
specifically reserved for such purpose is prohibited.
B. NVLA may refuse to permit any person to park in the parking facilities who
violates these rules with unreasonable frequency, and any violation of these rules shall
subject the violator's car to removal, at such car owner's expense. 503 Lido agrees to
use its best reasonable efforts to acquaint its employees, subtenants, assignees,
contractors, suppliers, customers and invitees with these parking provisions, rules and
regulations.
9. Parking stickers, access cards, or any other device or form of identification
supplied by NVLA as a condition of use of the parking facilities shall remain the property
of NVLA. Parking identification devices, if utilized by NVLA, must be displayed as
requested and may not be mutilated in any"manner. The serial number of the parking
identification device may not be obliterated. Parking identification devices, if any, are not
transferable and any device in the possession of any unauthorized holder will be void.
10. All damage or loss claimed to be the responsibility of NVLA must be
reported, itemized in writing and delivered to NVLA or its parking operator within ten (10)
business days after any claimed damage or loss occurs. Any claim not so made is
waived. NVLA shall not be responsible for damage by water or fire, or for the acts or
omissions of others, or for articles left in automobiles. NVLA is not responsible for loss
of use.
11. The parking operators, managers or attendants are not authorized to make
or allow any exceptions to these rules and regulations, without the express written
consent of NVLA. Any exceptions to these rules and regulations made by the parking
GAOLICK 24361 125039 9 Exhibit D - Page 1 02/24/94
operators, managers or attendants without the express written consent of NVIA will not
be deemed to have been approved by'NVLA.
12. NVIA reserves the right, without cost or liability to NVLA, to tow any
automobiles which are used or parked in violation of these rules and regulations.
13. NVIA shall have the right to close all or any portion of the Parking Areas to
such extent as may in the opinion of NVLA be necessary to prevent a dedication thereof
or the accrual of any rights of any person or of the public therein; to close temporarily all
or any portion of the Parking Areas to discourage non -customer use; to use portions of
the Parking Areas while engaged in making additional improvements or repairs or altera-
tions to the NVLA Property; and to do and perform such other acts in, to, and with
respect to the Parking Areas as NVIA shall determine to be appropriate for the NVLA
Property.
14. 503 Lido shall not use any of the Parking Areas for:
(a) Soliciting orders or selling or distributing any merchandise, device,
service, periodical, book, pamphlet, or other matter;
(b) Exhibiting any sign, placard, banner, notice or other written material;
(c) Distributing any circular, booklet, handbill, placard, or other material;
(d) Soliciting membership in any organization, group, or association or
soliciting contributions for any purpose;
(a) Parading, patrolling, picketing, demonstrating or engaging in conduct
that might interfere with the use of the Parking Areas or be detrimental to any of the
business establishments in the NVLA Property;
(f) Any purpose when none of the business establishments in the NVLA
Property are open for business;
(g) Discarding any paper, glass, or extraneous matter of any kind except
in designated receptacles;
(h) Using a sound -making device of any kind or making or permitting any
noise that is annoying, unpleasant, or distasteful;
(i) Damaging any sign, light standard, fixture, 'landscaping material or
other improvement or property within the NVLA Property; or
Q) Overnight parking.
15. The above listing of specific prohibitions is not intended to be exclusive, but
is intended to indicate the manner in which the right to use the Parking Areas solely as
a means of access and convenience in shopping at the business establishments in the
NVLA Property is limited and controlled by NVLA.
16. 503 Lido' and its employees, representatives and invitees shall not loiter in
the parking areas or other portions of the Parking Areas, and shall not in any way
obstruct the sidewalks, entry passages, pedestrian passageways, stairways, driveways,
entrances and exits, but shall use same only for purposes of ingress to and egress from
the Premises.
GAGLICK 24361 125039 9 Exhibit D - Page 2 02/24/94
...
17. 503 Lido and its employees, representatives and invitees shall not throw
cigar or cigarette butts or other substances or litter of any kind in or about the NVLA
Property, except in receptacles placed therein by NVLA for such purposes.
18. NVLA reserves the right to exclude or expel from the NVLA Property any
person who, in NVLA's judgment, is intoxicated or under the influence of liquor or drugs,
is engaged in illegal conduct or conduct detrimental to any of the businesses in the NVLA
Property or who is in violation of any of the Rules and Regulations for the NVLA Property.
NVLA further reserves the right to prevent access to the NVLA Property or any portion
thereof in case of invasion, mob, riot, public excitement or other commotion by such
action as NVLA shall deem appropriate.
19. NVLA may waive any one or more of these Rules and Regulations for the
benefit of 503 Lido or any other tenant, but no such waiver by NVLA shall be construed
as a waiver of such Rules and Regulations in favor of any other tenant.
20. These Rules and Regulations are in addition to, and shall not be construed
to in any way modify or amend, in whole or in part, the terms, covenants, agreements
and conditions of the Agreement.
21. NVLA reserves the right from time to time to modify and/or adopt such
other reasonable and non-discriminatory rules and regulations for the Parking Areas as
it deemed reasonably necessary for the operation of the Parking Areas, provided such
new or modified rules and regulations do not unreasonably conflict with the terms and
conditions of this Agreement.
22. Notwithstanding anything contained in these rules and regulations to the
contrary, 503 Lido shall be obligated to use its good faith reasonable efforts to cause its
lessees or occupants (and their designated clients, agents and representatives) to fully
comply with these rules and regulations; provided, however, 503 Lido shall not be liable
for the breach of any of these rules and regulations by its lessees or occupants (and their
designated clients, agents and representatives) unless 503 Lido fails to use its good faith
reasonable efforts to cause its lessees or occupants (and their designated clients, agents
and representatives) to fully comply with these rules and regulations. 503 Lido shall be
obligated to attach these rules and regulations to any lease signed at the 503 Lido
Building after the date of this Agreement, and shall provide in any such lease that the
tenant shall be obligated to comply therewith and that NVLA shall have the absolute right
to directly enforce such rules and regulations against such tenant if it so elects. 503 Lido
agrees to provide a copy of these rules and regulations (and all amendments thereto) to
all tenants existing at the 503 Lido Building as of the date of this Agreement.
MUCK 24361 125039 9 Exhibit D - Page 3 02/24/94
310-859-3949 LEVINSON LIEBERMAN
I •
921 P02 MAY- 05''33 12:07
•
BURTON S. LEVINSON
LAWRENCE R. WESERMAN
r"AN015 S MAAS
PATRICK M. SNYDER
OEOROE W. YOUNG
NANCY E. MARCUS
WNDA EUAI•WHEELOCX
PETER M. HEBERT•
RICHARD 1. ARSHONOK"
SHOSHANA S. SOTNICR•'
LEVINSON & LIESERMAN
A PROPL'3SIONAL CORPORATION
0401 WILSHIR9 BOULEVARD, SUITE 1250
BEVERLY HILLS, CALIFORNIA 8OZIZ
TELEPHONE (3101 550-o5o0
FACSIMILE (310) 509-3949
May 5, 1993
VIA E&CSIMILE
Ronald J. Kohut, Esq,
KINDEL & ANDERSON
5 Park Plaza, Suite 1000
Irvine, CAA 92714
Donald L. Morrow, Esq.
PAUL, HASTINGS, JANOFSKY & WALKER
695 Town Center Drive
17th Floor
Costa Mesa, CA 92626
Re: Chicago/Newport Via Lido
Dear Mr. Hewicker:
'MEMBER ...ONA AND
WASHINOrON BARS
JMEMOER NEVADA OAR
-MEMOFR 4UN015 BAR
PLEASE REPI R To
OUR kILE NO.
65-0047
Please note that the deposition of Mr. Hewicker scheduled
for tomorrow morning at 9:00 a.m., will be taken in his offices,
located at 3300 Newport Boulevard, Newport Beach, instead of at
Paul, Hastings, Janofsky & Walker as previously planned. Mr.
Hewicker's offices are in the Professional Technical Building
directly behind City Hall, in the Planning Department, 2nd Floor,
Sincerely yours,
LEVINSON & LIEBERMAN
A Professional Corporation
_ f
Theresa Castro,
Secretary to Lawrence Lieberman
tac/8379b
cc: Mr, Jim Hewicker
310-859-3949 LEUINSON LIEBERMAN 918 P02 MAY 05,93 11:36
• •
LMVINSON & LIEBERMAN
SURTCN S, LEVINSON
A PROFC9910NA4 OORPa RnT1ON
LAWRCNCE P. UESERMAN
'MEMBER ARILONA ANO
FgANG9 C. MAA$
9 401 WILSHIRE BOULEVARD, SUITE 1250
WASH MGMN ;;,"
:MEMBER NNADA DAR
PATPICIA M. 8NYOER
060ROE W. YOUNG
>3EVERLY HILLS, CALIFORNIA D0212
• MEMetR ILUNGIS Hn R
NANCY & MARCUS
TELEPHONE (SIC) 9C0-0000
UNOA EUASM149CLOCR
--
PETER M. NESERT'
FACSIMILE: (310) 65p- 3949
RICHARO I, ARSHONSRYt
SHOEHANA B, boTNICM•
PLEASE REFER TO
OUR FILE No.
May 5, 1993
65-0047
Mr, Jim Hewicker
Planning Director
CITY• OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Chicago/Newport Via Lida
Dear Mr, Hewicker:
Concerning your deposition which is going to be taken this
Friday, May 7th, it occurred to me that it might be more
convenient fox you if the deposition were to be taken in the,
City Ball. If that is your desire, please let me know and I
will make the appropriate arrangements.
Sincerely yours,
LEVXNSON & LIEBERMAN
A Professio i Cor tion
LAWRENCE R. LIEBERMAN
LRL/tac
8377b
Cc: Donald Morrow, Esq.
Ronald J. Kohut, Esq.
BURTON S. LEVINSON
LAWRENCE R. LIEBERMAN
FRANCIS S. MAAS
PATRICIA M. SNYDER
OEOROE W. YOUNG
NANCY E. MARCUS
LINDA EUAS•WFIEELOCK
PETER M. HEBERT-
RICHARD I. ARSHONSKY}
SHOSHANA B BOTNICK"
LEVINSON & LIEBERMAg'-ANNING�pUiekiRTMENT,
A PROFESSIONAL CORPORATION 'TV OF NFWPORT BEAPER ARIZONA AND
WASHINGTON BARS
}MEMBER NEVADA BAR
9401 WILSHIRE BOULEVARD, SUITE 1250 MAY 7 1993 --MEMBER ILLINOIS BAR
BEVERLY HILLS, CALIFORNIA 00212 AM
78910ll1212 PM
TELEPHONE (310)560-0600 i I I I I t 113141516
FACSIMILE(310) 959-3949 i
May 4, 1993
VIA FACSIMILE (714) 644-3250 & U.S. MAIL
Mr. Jim Hewicker
Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Chicago/Newport Via Lido Associates
Dear Mr. Hewicker:
PLEASE REFER TO
OUR FILE NO.
65-0047
I'm writing this letter to confirm that you will be the
individual responding to the Deposition Subpoena that I sent to
Mr. Murphy, since you apparently have more knowledge on the
subject than he. I appreciate your making yourself available on
short notice. I was informed that you have a meeting back in
City Hall at 1:30 and, therefore, I would like to begin the
Deposition at 9:00 a.m. at the office of Paul, Hasting, Janofsky
and Walker to assure that we have sufficient time to complete
the Deposition. Their offices are in the Imperial Bank
building, across from the South Coast Plaza Shopping Center.
The address is 695 Town Center Drive, 17th Floor, Costa Mesa.
The request for files and documents that is set forth in the
Subpoena was intended to be broad and all inclusive. If you
have any questions concerning the matters that I'm requesting, I
would be grateful if you could call me so that I may be able to
clarify the scope and extent of the request.
I look forward to meeting you on Friday, and I'll try to get
you out of there as soon as possible.
Sincerely yours,
LEVINSON & LIEBERMAN
A Professipnal Corporation
1[*
LRL/tac
,8365b
cc: Donald Morrow, Esq. (via fax)
0
6
I
LAW OFFICES OF I
PAIIL, HASTINGS, JANOFSEY & WALK F
DONALD L. MORROW
ATTORNEY AT LAW
LAWRENCE R. LIEBERMAN
ATTORNEY AT LAW
Aj tANTA
SNENTEENTH MOOR
C07;ECTICUr
L[VINOON 4 LI[SCRMAN
695 TOWN CENTER DRIVE
LOS ANO[Lc4
NEW YORE
A PROI [NIONAL CORPOMTON
` COST/ MESA, CALIF. 92626
TONYO
SUITE 1960 TELEPHONE
TELEPHONE 0141606-6200
T Y VIQ 9T9d9El
WA6NIHRTON. O.0
0401 WILSHIRE INOUL[YARD 13101 2160.0600
OIRICI, CT UNC ITN1666�6291
LIKE
Wa,T Lot A on"
SN[RLY HILLS, GLIPORNIA 903I[ FAX tAIEH 860•3949,
310-859-3949 LEVINSON LIEBERMRN BB? 0 1
MAY 03193 14:39
LP-VINSON & L[E$ERMAN
.9URTON S. LEVINSON
A PROI 45010NAL CORPORATION
LAWRENCE R. UESERMAN
KRANCIS & MAAS
9401 WILSHIRV BOULEVARO, SUITE 1:.60
PATRICIA M. $NYSER
SEVERLY HILLS, CALIFORNIA BOeIO
OEORGE W. YOUNO
NANCY E MARCU$
TELEPHONE (310) $60.OSOO
WNDA ELMSSWHEELOCH
FACSIMILE (2I0) 990•2849
PETKR M. HESEM.
RICHARD I. ARSMONSITYI
SHOSNANA S. aOTMICK--
TRANSMI$ ION MEMORANDUM
FACSIMILE TO
THE FOLLOWING NUMBER:
(714)
644-3020
CONFIRMATION
TELEPHONE NUMBER:
(714)
644-3309
THE FOLLOWING DOCUMENT IS FOR:
NAME: Mr, Kevin Murphy
FIRM: Newport Beach City Hall
FROM:
Lawrence R. Lieberman
EXT
NO,
TOTAL
NUMBER OF PAGES (including
this memo):
6
DATE: 5/3/93 TIME SENT:
OUR FILE NO: 65-0047
MESSAGE: Re: Chicago Title v. Newport Via Lido
-MEMBER MITONA AND
WA51HINOTON XANE
tMEMSM NEVAOA OAR
•444MOW 4UNOW SM
P41tASE REFER TO
OUR FILM NO.
The following document should have- been delivered with letter we forwarded
via messenger to you today, It is the Off -Street Parking Agreement referred
to as Exhibit "A" in the Subpoena Duces Tecum re Deposition. I will mail
a hard copy this afternoon in case the fascimile is difficult to read
Theresa Castro, HARD COPY TO FOLLOW TN U.S. MAIL
Secretary to Lawrence R, Lieberman
OPERATOR: [Yes] NO
P L E A S E N 0 T E:
THIS FACSIMILE ORIGINATES FROM LEVINSON & LIEBERMAN.
IF THERE ARE ANY PROBLEMS REGARDING THE RECEPTION OF
THE NUMBER OF PAGES LISTED ABOVE, PLEASE CALL
(310) 550-0500.
CAUTION; CONFIDENTIAL: THE DOCUMENT BEING FAXED TO YOU MAY
CONTAIN INFORMATION PROTECTED BY THE ATTORNEY-CLIENT/WORK
PRODUCT PRIVILEGE. It is intended only for the person to
whom it is addressed. If you are not the intended recipient
or their agent, then this is notice to you that
dissemination, distribution or copying of this document is
prohibited. If this was received in error, please call us at
Once and destroy the document.
o RMAYOR
CITY MANAGER
F-1 DEPUTY CITY MGR.
ATTORNEY
$UILDING
M CITY CLERK
FINANCE - ADMIN.
ACCOUNTING
DATA PROCESSING
DUPLICATING
0 PAYROLL
PURCHASING
Q REVENUE j
D
C COUNCIL
Q FIRE
GENERAL SERVICES
LIBRARY
Q MARINE
I-1 PARKS & REC.
POLICE
PUBLIC WORKS
TRAFFIC
UTILITIES
TELECOMM.
FOIL- ED ACTION & DISPOSITION
0 FILE ,
INFORMATION
REVIEW & COMMENT
FROM:
4 • •
BURTON S. LEVINSON
LAWRENCE R. LIEBERMAN
FRANCIS S. MAAS
PATRICIA M. SNYDER
OEOROE W. YOUNO
NANCY E MARCUS
LINDA ELIAS�WHEELOCR
PETER M. HEBERT'
RICHARD I. ARSHONSITYt
SHOSHANA B. BOTNICH••
LEVINSON & LIEBERMAN
A PROFESSIONAL CORPORATION
9401 WILSHIRE BOULEVARD, SUITE 1250
BEVERLY HILLS, CALIFORNIA 90212
TELEPHONE (310) SSO-OBOO
FACSIMILE(310) 859-3949
May 3, 1993
VIA MESSENGER
Newport Beach City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Attn: Mr. Kevin Murphy
Re: Chicago/Newport Via Lido Associates
Dear Mr. Murphy:
'MEMBER ARIZONA AND
WASHINGTON BARS
iMEMBER NEVADA BAR
••MEMBER IWNOIS BAR
PLEASE REFER TO
OUR FILE NO.
65-0047
This office represents Chicago Title Insurance Company which
is currently engaged in litigation with the owner of the Via
Lido Plaza, which adjoins City Hall. Mr. Jack Jakowsky, the
owner of 503 32nd Street, is also involved in the litigation.
The portion of the case which is common to all parties involves
the Off-street Parking Agreement, a copy of which is enclosed
with this letter. I just learned in a deposition that was
concluded on Thursday, April 29, that there is currently pending
before the City an Application to amend this Agreement. As part
of the litigation, I need to obtain certain information from the
City, specifically: 1) the current status of the Application; 2)
the position of the City (if it has any) on the meaning of the
word "non-exclusive" which appears on Page 2 of the Agreement;
3) the effect of this Agreement on the ability of the owner of
the Shopping Center to expand the square footage; and 4) the
possibility of adding additional square footage to the Center
under the current existing Codes, assuming the Agreement is not
in existence..
Because your name was mentioned during the deposition of Mr.
Don Howard, Vice President of the Duda Company, it appeared to
me that you would be the most logical person to appear at a
deposition to give testimony on these subjects. Accordingly, I
have enclosed with this letter a Deposition Subpoena for this
Friday. I realize this is short notice, and if there is a
problem with your appearing on that date, then please let me
LEVINSON & LIEBERMAN
A PROFESSIONAL CORPORATION
Newport Beach City Hall
May 3, 1993
Page 2
know and we will try to reschedule it. If indeed there is
someone else more knowledgeable about the subjects on which I
want to inquire, please provide me with that person's name and
again, suitable arrangements will be made for that person's
deposition.
Even though my office is in Beverly Hills, and I would have
the right to require you to come here for the deposition, Mr.
Morrow, counsel for the owner of the Newport Via Lido Plaza, has
graciously agreed to make his office in Costa Mesa available for
the deposition so that you will not have to travel all the way
to my office.
I will give you a call so that we can discuss these matters
before Friday.
Sincerely yours,
LEVINSON & LIEBERMAN
A Professiona,l'-Gtorporation
LRL/ta
8358b
enclos
cc:
ORNEY OR PARTY WITHOUT ATTORNEY (Name and Adanressl:
Lawrence R. Lieberman (SB#52570)
LEVINSON & LIEBERMAN
9401 Wilshire Blvd., Ste. 1250
Beverly Hills, CA 90212
NAME OF COURT. ORANGE COUNTY SUPERIOR COURT
STREET ADDRESS: 700 Civic Center Drive West
MAILING ADDRESS: Santa Ana, CA
CITY AND ZIP CODE:
BRANCH NAME:
DEFENDANT/RESPONDENT:
PEOPLE OF
(310) 550-0500
CHICAGO TITLE INSURANCE COMPANY
NEWPORT VIA LIDO ASSOCIATES
CIVIL SUBPENA ® Duces Tecurn
CASE NUMBER:
FOR COURT USE ONLY
661854
KEVIN MURPHY, or other qualified witness on behalf of NEWPORT BEACH CITY HALL
YOU ARE ORDERED TO APPEAR AS A WITNESS in this action as follows unless you make a special agreement with the
person named In item 3:
a. Date: May 7, 1993 Time: 10:00 a-m- Dept./Div.: Room.:
b. Address: Law Offices of Paul, Hastings, etc.
695 Town Center Drive, 17th Floor, Costa Mesa, CA (714) 668-6200
2. AND YOU ARE
a. Q ordered to appear in person.
b. Q not required to appear in person if you produce a true, legible, and durable copy of the records described in the accom-
panying affidavit as follows: (1) place the copy of the records in an envelope (or other wrapper) and seal it; (2) attach a copy
of this subpena to the envelope or write on the envelope the case name and number, name of the witness and date and time
from item 1 above; (3) place this first envelope in an outer envelope or wrapper, seal it, and mail it to the clerk of the court
at the address in item 1.
C.
x ordered to appear in person and to produce the records described in the accompanying affidavit. The personal attendance
of the custodian of records or other qualified witness and the production of the original records is required by this subpena.
The procedure authorized pursuant to subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code
will not be deemed sufficient compliance with this subpena.
3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE
CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE ATTORNEY REQUESTING THIS SUBPENA, NAMED ABOVE, OR
THE FOLLOWING PERSON, BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:
a. Name: Lawrence R. Lieberman b. Telephone number: (310) 550-0500
4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at
the time of service. You may request them before your scheduled appearance from the person named in item 3.
5. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section
68097.1.
Date: Clerk, by , Deputy
DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM
OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAIIWRE TO OBEY.
Date Issued:
5!0.
Gary, L. Granville. , , • , , ,
(TYPE Ofi PRINT NAME)
(SIGNATURE OF PEMON ISSUING SUBPENA)
County Clerk and Clerk of the Supenor Court of the
State of California, in and for the County of Orange
(See reverse for proof of service)
al
L
Form Adopted by Rule 982 CIVIL SUBPENA Code of Civil Procedure, 44 1985. 1986, 1987
Judicial Council of Calllarma
9821o11151 [Rev. July 1, 19871
ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS) TELEPHONE NO
Lawrence R. Lieberman (310) 550-0500
LEVINSON & LIEBERMAN
pNEY"9401 Wilshire Blvd., Ste. 1250 ATTORNEY BAR
ATTORF)A%flame) ° CA 90212 CHICAG0 TITLE INSURANCE 52570
Insert name of Court judicial district or branch court. It any and post Office and street address
ORANGE COUNTY SUPERIOR COURT
700 Civic Center Drive West
Santa Ana, California
PLAINTIFF
DEFENDANT
CHICAGO TITLE INSURANCE COMPANY
NEWPORT VIA LIDO ASSOCIATES
FOR COURT USE ONLY
DECLARATION FOR SUBPOENA DUCES TECUIM
STATE OF CALIFORNIA, COUNTY OF ORANGE
661854
The undersigned states: That he is attorney of record for Plaintiff/Defendant in the above entitled action, that
saidcause was duly set down for trial .............. Mea11i............................... 6V......................... YGN.... ... at ................................ rlwe—.......... ...........
in Department
of the above entitled Court.
That ................? VIN MURPHg....4r....4.t�te...9N4j,a.fj..qd...W.itup.S.s.... aA...heha2f.... a£ ... NEWPORT...BEACH... C=..HALL
"""' NAME
has in his possession or under his control the following documents:
(Designate and name the exact things to he produced.)
Any and all files, documents, correspondence, applications,•maps, or writings of any sort
dealing with, relating to, or concerning the following items:
1. Off —Street Parking Agreement, attached hereto as Exhibit "A".
2. Applications to modify the Off—Streerd Parking Agreement, including any reports
concerning said Applications.
3. Documents or Codes relating to requirements to expand the square footage of the
Shopping Center which is the subject of this lawsuit.
CONTINUED ON ATTACHEMENT 3.
That said books, papers, and documents or other things are material to the proper presentation of his case, and good
cause exists for their production by reason of the following facts:
One of the issues in this lawsuit concerns the uses to which Newport Via Lido can put the
Shopping Center, the subject of this lawsuit. The documents requested are within the files
of the City of Newport Beach, thu the onl source for obtaining those documents
Executed .... ....................................................... 19... ....., a..... ......... . .............................. California.
IT Ay 3; 93 Bevei7.y"Hi1:Ts;
1 declare under penalty o/ perjury that the /oregoing is true and correct. r
.....i8It..tuia.0T.......Isra........................................
(Stsnuurc of Declendtl
Lawrence R. Lieberman
® F0182.517.3 (R2/80)
SHORT TITLE: CASE NUMBER.
CHICAGO TITLE INSURANCE COMPANY
VS.ASSOC661854 NEWPORT VIA LIDO
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ATTACHMENT 3
DEPOSITION SUBPENA
Cont. (Documents and things to be produced ...
4. Applications for remodeling of the Shopping Center, including, but not limited
to, the remodeling of the Hughes Market and the restaurant.
5. Any and all correspondence with the California Coastal Commission concerning
the Shopping Center.
26 I (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27 II This page may be used with any Judicial Council form or any other paper filed with the court. I page
Form Approved by the ADDITIONAL PAGE
Judicial Council or California Attach to Judicial Council Form or Other Court Paper CRC 201, 501
MC 020 (New January 1, 19871 7SA411•RC132.1/87
43
10
NAME. AODRESS, AND TELEPHONE NUMBER(S)
Oe ATTORNIY(S)
Lawrence R. Lieberman (SB#52570)
LEVINSON & LIEBERMAN
9401 Wilshire Boulevard, Suite 1250
Beverly Hills, CA 90212
ATTORNEY(S)FOR Plaintiff, CHICAGO TITLE
INSURANCE COMPANY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LVIAMM $ ORANGE
CHICAGO TITLE INSURANCE COMPANY
PLAINTIFF(S)
661854
CASE NUMBER
v5 APPLICATION FOR
NEWPORT VIA LIDO ASSOCIATES, et al., SUBPOENA TECUM
RE DEPOOSITISITI ON
DEFENDANT(S)
STATE OF CALIFORNIA, County of1XMITINE ORANGE
The undersigned states: That he is attorney of record for Plaintiff in the above
entitled action; that the deposition of KEVIN MURPHY is noticed for hearing before
the interested parties at 10:00 A. M.,
in Room No. , located at 695 Town Center Drive, 17th Floorin the City of Costa Mesa
State of California, on May 7,
, County of Orange
, 19 93 .
That Kevin Murphy, or other qualified witness on behalf of NEWPORT BEACH CITY HALL,
has in his possession or under his control the exact matters or things designated below:
Any and all files, documents, correspondence, applications, maps, or writings of any sort
dealing with, relating to, or concerning the following items: 1) Off —Street Parking
Agreement, attached hereto as Exhibit "A"; 2) Applications to modify the Off —Street Parking
Agreement, including any reports concerning said Applications; 3) Documents or Codes relating
to requirements to expand the square footage of Shopping Center; 4) Applications for re—
modeling of Shopping Center; and 5) Any and all correspondence with California Coastal
33 78A361E (Rev. 6.85 APPLICATION FOR SUBPOENA DUCES TECUM RE DEPOSITION
RCODS CCP 1985, 1986, 1987.6
That the above documents are material to the issues involved in the case by reason of the following facts:
One of the isues in this lawsuit concerns the uses to which Newport Via Lido can
put the Shopping Center, which is the subject of this lawsuit. The documents
requested herein are all within the files of the City of Newport Beach, and thus
are the only source for obtaining those documents.
That good cause exists for the production of the above described matters and things by reason of the
following facts:
See above.
WHEREFORE request is made that the Subpoena Duces Tecum issue
Executed May 3,
, 19 93 , at Beverly Hills , California,
I declare under penalty of perjury under the laws of the State of California that the fgM-grog is true and correct.
Signature of Declarant)
Lawrence R. Lieberman