HomeMy WebLinkAboutC-1385 - Off-Street Parking AgreementTO:
FROM:
SUBJECT
FINANCE DIRECTOR
City Clerk
Contract No. 1385
CITY OF NEWPORT BEACH
>' ,
CALIFORNIA
117AC2
City Hall
330D W. Newport Blvd.
Area Code 714
673 -2110
C2n
/P
Authorized by Resolution No. 7479 , adopted on uIX 17- 1471
Effective date of Contract July 16, 1971
Contract with Paul 17wr7k and Associates
Address 3732 East Cloast Highway
Amount of Contract
Cbrma del Mar, CA 92625
cityCe c ,
ft so
Aikgust 10, 1971
Paul 7"oryk and Associates
3732 Fast Coast Highway
Corona del Mar, CA 92.x,25
Subject: Off -Site Parl -inP A?reement, Use Permit No. 1518
A copy o: the Off -Site Parkins; Agree -
4 �tween you and the
City was sent to you on July 1.6. Sfie ori?inal agreement has
I recorde -0 in ?ook 9724 Parse 323 of the Official RecorIs of
Orame County at 9:05 a.m., Juiv 1.9, 1971. Tnstru.Tent No 15196
was assigped.
Doris M. Ceorr±
Deputy City Clem
swk
enc.
cc: City Attorney
roma.mity Devel.o7,-mnt Director
to 11�v
July 16, 1971
Paul Thoryk and Associates
3732 East Coast ldq�way
Corona del t;:ar, CA 52625
Enclosed is a duly executed copy of an Off -Site Parking
Agrewnent between the City and you in connection with
Use Perrdt No. 1518.
,e have sent the original to the County P.ecorder. When
it is returned to this office, the recording informatican
will be sent to you.
Laura Lagios
City Cleric
LL: wk
enc.
cc: City Attorney
Comity Development Director
ft
July 16, 1971
Mr. J. Wylie Carlyle 0
County Recorder
P. 0. Box 238
Santa Ana, CA 92702
Attached for recordation is an Off Site Parking Agreement
between the City of Newport Beach and Paul Thoryk and
Associates.
Ihi.s agreement was authorized by Resolution No. 7478 adopted
on July 12, 1971 by the City Council.
Laura Lag os
City Clerk
LL:swk
enc.
RECO RD3NG
REQUESTED BY
Tl
1.5 19 6 C-4
9724P4-cE323
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
FRC 9:05 A.M. .AUL 19 1971
L WYLIE CARLYLE County Recorder
OFF SITE PARKING AGREEMENT
THIS AGREEMENT, made and entered into this /* rN
day of -1 1971, between the CITY OF NEWPORT BEACH,
a municipal corporation (hereinafter called "City"), and PAUL
THORYK AND ASSOCIATES (hereinafter called "Thoryk"),
RECITALS:
1. Thoryk proposes to convert an existing building
located at 2815 Villa Way into a professional office
building.
2. Thoryk proposes to utilize approximately 1700 square
feet of office and design space on the second floor
of the building, and approximately 216 square feet on
the ground floor as a reception and waiting room, for
a total of 1916 square feet.
3. The Planning Commission of the City of Newport Beach
on March 18, 1971, approved the Use Permit application
of Thoryk to permit a professional office building in
an M-1 District on condition that the applicant enter
into an agreement with the City guaranteeing to provide
off site parking satisfactory to the staff.
4. The Department of Community Development has determined
that Thoryk will need a total of nine either on or off
site parking spaces for the proposed use of the building
located at 2815 Villa Way as a professional office
building.
There are presently three parking spaces existing on
that parcel of property at 2815 Villa Way, Newport Beach,
J
Q5Z
�-'J 9124 paE324
as shown on the attached drawing marked Exhibit "A"
and made a part herein by this reference.
6. Thoryk has entered into a four-year lease with the
owner of that certain property located at 3012 Newport
Boulevard, beginning July 15, 1971 and ending July 15,
1975, to provide six off site parking spaces on the
property located at 3012 Newport Boulevard, Newport
Beach, as shown on the attached drawing marked Exhibit "B"
and made a part herein by this reference.
NOW, THEREFORE, in consideration of the approval by
City of Thoryk's intended use of the building located on the property
located at 2815 Villa Way and in consideration of the above premises,
the parties hereto agree as follows:
1. For so long as the building located on the property at
2815 Villa Way is occupied by Thoryk and used as a
professional office building, three parking spaces
will be provided on site and six parking spaces will
be provided on the property located at 3012 Newport
Boulevard for the exclusive use of the employees,
clients and business invitees of the professional
office building.
2. In the event the four-year lease on the property located
at 3012 Newport Boulevard should be terminated for any
reason, and upon the termination of the term of the
lease, Thoryk will immediately thereafter obtain
additional off site parking spaces satisfactory to and
approved by City in order to meet the Municipal Code
requirements existing at that time. If Thoryk is unable
-2-
FJ 9724 FaE325
to obtain suitable parking facilities, he will close
the professional office building located at 2815 Villa
Way.
3. This agreement shall run with the properties described
above and shall bind the heirs, successors and assigns
of the parties hereto and it shall be recorded in the
office of the County Recorder of Orange County.
IN WITNESS WHEREOF the parties hereto have executed
this agreement as of the day and year first above written.
PAUL THORYK AND ASSOCIATES
By'. "41�4 ���
MIC,H4EL MOYER, S3f=C-4� M4fiager
By:
roj ect -Manager
STATE OF CALIFORNIA ) L-,-- ("/
ss
County of Orange )
On 9 %1 before me, the undersigned, a
Nota Publ' in'ana for said State, personally appeared
MIC L MOYER, known to me to be the Office Manager, and
GREGORY PITCHER, known to me to be Project Manager 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
......................■...............................
MARGARET L. HARPER
J.' Notary Public
A State or Calitornia
Pnncipai Office in
�•l��'OPN�P Grange County
My Commission Expires August 25, 1972
........................................................�
seal.
e
Not4ary flublic in and for #aid State.
-3-
STATE OF CALIFORNIA
ss
County of Orange
9724 pat 32
On 's 1 (D 191 ) before me, the undersigned, a Notary
Public in qnd for said State, personally appeared E. F. HIRTH,
knot/Tn to me to be the Mayor, and LAURA LAGIOS, known to me to
be 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.
M....M//►.N►►M►4►►i►WN'YM►ow. M►/..►►►..►i...►.......
i//:
4 Tti DC?ccQTHY L. PALEN
wP Notary Public
State cf California
Principal Office In
NP Orange County
My Commission Expires Feb. 9, 397$
sl..• my M....M.MMM../............................../.■//�.
Notary Publ c in and for said State.
9724F.-a32T
A -'35
7H,:�A I I � 0
a,75 3 9.
EXHIBIT "All
till
o
Al nar
FEDERAL EQUI -POISE PROPELLED BJ RUBBER BEARINGS . . . MONEL 8 TOBIN ft . . . HI-J RACING PROPELLERS
HAROLD 1. JOHNSON
PROPELLER ENGINEERING
2811 VILLA WAY (714) 673 -6770
NEWPORT BEACH, CALIFORNIA 92660
7s
CITY OF NEWPORT BEACH, t'
PUBLIC WORKS DEPARTMENT,
ATTL JOE DEVLIN,
,`g LAURA LAGIOS,
CITY CLERIC.
JUNE 28, 1971
SIR:
THERE IS A DANGEROUS PRECEDENT BEING ESTABLISHED ON THE ALLOWING
OF A BUILDING TO BE EXTENDED OUT ON THE SET BACK ON THE SOUTH
SIDE OF VILLA WAY BETWEEN 28TH AND 29TH STREETS.
IN 19.0 WHEN CLARENCE MCCULLOCH BUILT HIS BUIL
WAY THE CITY ORDERED A SET BACK WHICH HAS BEEN
AND EVERY BLDG. TO BE ERECTED SINCE THAT TIME.
OWNERS FEEL THAT A SIDEWALK SHOULD BE BUILT ON
VILLA WAY ON THIS SET BACK FOR THE CONVENIENCE
BUSINESS ALIKE.
SING AT 2807 VILLA
FOLLOWED BY EACH
ALSO WE PROPERTY
THE SOUTHSIDE OF
OF CUSTOMERS AND
WE ALSO FEEL THAT PARKING FOR A BUSINESS THAT IS HALF A BLOCK
AWAY WILL NOT BE USED BY THE CUSTOMERS OF THAT BMNESS AND THAT
BECAUSE OF THE TYPE OF BUSINESS THAT MR. THORYCK IS IN INVOLVING
LONG CONFERENCES THAT THE STREET WILL BE SATURATED WITH CARS
STAYING FOR LONG PERIODS OF TIME BRINGING GREAT FINANCIAL HARM TO
THE OTHER BUSINESSES ON THE STREET AS THE PEOPLE WILL GO ELSE WHERE
TO DO THERE BUSINESS.. IN OTHER WORDS WE FEEL THAT IN THE INTEREST
OF OLD ESTABLISHED BUSINESSESS THAT A GOOD SERIOUS LOOK AT
THIS SITUATION WOULD BE IN THE PUBLIC INTEREST. WE UNDERSTAND
THAT THEY WERE TOLD TO STOP CONSTRUCTION AT ONE TIME AND THAT
THEY HAD THERE BLDG PERMIT STOPPED YET THEY WENT RIGHT ON
BLDG. ISN'T THIS OPEN DEFIANCE OF THE CITY? ALSO THE PEOPLE
THAT WERE GOING TO OPEN BUSINESSESS THERE BEFORE HAD TP POST AND
GET USE PERMITS. WHEN DID THESE PEOPLE GET A USE PERMIT AND
WHBNWERE THE PUBLIC NOTICES OF A HEARING FOR THE USE PERMIT
STED. NONE OF US WERE GIVEN A CHANCE TO AIR OUR VIEWS ON A
E PERMIT BY THE PRESENT TENANTS.
...............�
C"'N -cs SENT T0:
YO TRULY,
E . RYAN
'jJ 'LUi uing UiroolOS
PRESIDENT,
j I inI'rr H. 1. JOHNSON INC.,
2811 VILLA WAY,
ID L NEWPORT BEACH, CALIF.
��
/ CENTER I Sportfishing Equipment
2817 VILLA WAY PI NEWPORT BEAyM:(}]ALIFORNIA 92660 PHONE 17141 6]3 -]091
v
- June 28, 197 N.. ?..0...Wl
City of Newport Beach, ;
Public Works Department,
Att= Joe Devlin, ` u
Laura lagios,
City Clerk.
Dear Sirs
I request yours and the gentlemen of the Planning Commissons
serious consideration of the problems surrounding the request
for a use and Building Permit at 2815 Villa Way, in this City.
Because of the following reasons I believe these permits should
be denied. 1
At the present time construction has begun on an addition to the
front of the building which encroaches into five feet of the
setback as observed by the other buildings on the west side
of Villa Way;
This setback was established prior to the year 1940 and has
been respected by all new construction since that time.
At present this setback is used for parking in front of the var-
ious businesses and we hope that someday the city will see fit
to put a sidewalk in this area.
There has also been talk of making Layfayette and Villa Way eaoh
a one way street to aleviate the traffic problem now existing.
I feel that if the preser$Lt setback is not observed now that.
the other businesses on Villa Way will also one day build into
this setback which would virtually turn Villa Clay into an Alley
with no parking.
As you know, at this time we have a very serious parking problem
in this area and the Building at 2815 Villa Way has parking
for two cars behind the building only.
I understand that they have leased some parking spaces but these
spaces are approximately 250 ft. from their building and obvioksly
will be used by the employees and not by their clients.
I respgctfully request that you and the gentlemen of the plan-
ning Commission give this problem serious consideration b4fore
issuing a permit for Construction and a Use Permit.
4 Cespectfully s,
BERRT E.ELLSWORTH
Most Complete Saltwater Tackle :,, Source on the West Co..ast
y" i l
ft
CITY OF NEWPORT BEACH
1971 Office of
Ry 4h. r): ., CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: Acting City Attorney
Subject: Off site parking
ft
July 12, 1971
- Paul Thoryk
At its meeting held March 18, 1971, the Planning Commission
approved Use Permit application No. 1518, a request to permit
a professional office building in an M -1 District. The approval
was subject to the condition that the applicant enter into an
agreement with the City guaranteeing to provide off site parking
satisfactory to the staff.
The subject property is located at 2815 Villa Way on the west
side of Villa Way between 28th Street and 29th Street. Paul
Thoryk and Associates propose to utilize the building on the
property for their architectural offices. The Newport Beach
Municipal Code requires a total of nine spaces for the intended
use. There are three spaces on the site. Paul Thoryk and
Associates have entered into a four -year lease with the owner
of Le Saint Tropez restaurant, 3012 Newport Boulevard, for the
use of six parking spaces between the hours of 8:00 a.m. and
6:00 p.m. In the event the lease should be terminated for any
reason, Paul Thoryk and Associates would immediately thereafter
be required to obtain substitute off site parking spaces satis-
factory to and approved by the City of Newport Beach. If Paul
Thoryk and Associates were unable to obtain.substitute parking
for the professional office building they would be required to
close their offices at 2815 Villa Way. The professional offices
will be open during the hours of 8:30 a.m. to 5:30 p.m. The
restaurant opens at 6:00 p.m. and therefore no conflict in the
joint use of the off site parking is anticipated.
The proposed off site parking is located a distance of approxi-
mately two and one -half blocks away from the professional
offices, as shown on the attached site location plan. Because
of the critical situation with regard to parking in this area,
the off site parking arrangement as proposed would be the most
feasible way to allow Paul Thoryk and Associates to carry on
their business at 2815 Villa Way.
G7
//9V,
`. ft M `
July 12, 1971.
re: Off site parking agreement - Paul Thoryk
and Associates, 2815 Villa Way, Newport Beach
This office has prepared the necessary parking agreement which has
been executed by an authorized agent for Paul Thoryk and Associates.
Adoption of the Resolution on this evening's agenda would authorize
the Mayor and City Clerk to execute the subject parking agreement
on behalf of the City of Newport Beach.
I
/EN O'NEIL
Acting City Attorney
DO'N:adw
Attachment.
cc: City Manager
City Clerk
Traffic Engineer
Director of Community Development
1�
c x 78
A Ib=OLUTI(x CF TM CITY CX;UR!rnj OF TIM CIVY
c':bf S i�RT M A ti lm, nah y��4i+Ya�ygw�V� 1 L.`km'�yr
" irr . sYin PAi'� Tay. 3�Sr12<(f'n�'uiY ary?w cwy
of xzmm $EACH p'ND F't`s(`i.ii Tiz a:m" Am WOCIN7`i O
USE 1?7.RN ' S0. 1516
pa*l Theryk and 3000-- iaataes are t1U1..1" seen Of
that certr.in.. real property locaated In Vile city of Newport Beach
deseribc-�l ms 3Si.3 Villa ways ana
WMAi-A,A , ianisl 11%oryk aaxa3 A mooiaataas propose- to apotaato
is professional of Liao baildlnt; on the amio jact propertyt .anti
, the B'a!wport F4ea�c2i F.a:�is:ipa °:"e� rd.il r+sc7ax3.r<r
a tatal of niAo parking spa *a to be provided on sits :.e accook-
aecdate the intsanded uoe: of til* professional office bruildirt9i and
Nf AZX5, Paul Thotyk aatid Associates. hmve arranged to
leas eetrtain property located at 10+12 lteragaort bMlevar8 .tor the
purpose of provi4ing off sit* parking in mitiaections with the
proposed offi m buildings and
ti ;Vm' the Planning cor misasia n of the City of N- .wport
Beef -!t an march 19, 197?„ approved the use of the property locat�cs
at 26-5 Villa tray for a professional office, building in aA 1e•1
District,, wh*treby the numewr of m,4e ra gwired on site parking
spaces was waived provided that fain. TN ryrk and As"Ciatea Obtain
suffiaivat, off site par'kinj spaces pursuant to agreement asaatia-
103ctory to the City, and approved by thy# City Camcilt
Y a TRUSFOAiE, BE IT RWMVSD 0%ast EhMe City CalUncil
approves said lea** arraangoment betwoom Paul Tboryrk and Associates
and the ocean =ors of the property boat at 3022 Newport Bo*sievsrci,
wet -reeby Paaul Thoryk a nd hasociates will provide Six paxi LAV #pnaaea
thereon betw*an the boors of StOO a.m. mid GsOO p.m. Monday through
Friday for n, �wxclaumive use of the proposed professional offices
building.
. 1.
e
B2 1 ;t °! AMCIVW that the Mayar and CityV`L r%
Jb -t %1rX B+U,iC31UZ.'z- ^tea arA WX0QU4 to 4M+ai:'7A0 t2li Off t "ixi .83?:
1:bi9 i2th zy of IgIlA I 71.
V� &Yor
RTTMT;
City ®r.