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HomeMy WebLinkAboutC-1515 - Off-Street Parking Agreement, Monterey Still Restaurant0 0 1 0 0 .. February 25, 1981 CITY OF NEWPORT BEACH Mr. Orville Marlett 1200 N. Main St. Suite 534 Santa Ana, Ca. 92701 Dear Mr. Marlett: OFFICE OF THE CITY ATTORNEY (714) 640 -2201 This letter is to verify that the May 4, 1973 Off -Site Parking Agreement between Taverinn and the City of Newport Beach mistakenly contains the legal description of a portion of Pacifica Marine, Inc., your client. The parcel which was to be set aside for the requisite off -site parking by Taverinn, Inc., was not to be at 2751 West Coast Highway. That is the address of Pacifica Marine, Inc., and also corresponds with the legal description in the aforementioned Agreement. Subsequently, Taverinn, Inc., lost its lease at 2601 West Coast Highway, Newport Beach, California, and for at least the past four years, said agreement has been without effect. In order to alleviate the problem concerning your client's sale of its property, the City of Newport Beach and Minney Family Enterprises will each quitclaim that portion of your client's property, as described in the Off -Site Parking Agreement, and will also cancel the agreement between Taverinn, Inc. and the City of Newport Beach. We regret any inconvenience that may have been caused by this agreement, and its subsequent recordation. If you have any questions, please do not hesitate to call me. Sincerely, �/- r ROBERT BURNHAM Assistant City Attorney RB /pr City Hall • 8,300 Newport I3oule%-ard, Newport Beach, Calilornia �126G3 0 • • 0 CITY OF NEWPORT BEACH Office of CITY ATTORNEY February 25, 1981 To: The Honorable Mayor From: Assitant City Attorney Subject: Quitclaim Deed to Pacifica Marine, Inc. Attached hereto is a letter to Orville Marlette, Attorney at Law, who represents Pacifica Marine, Inc. The Off -Site Parking Agreement referred to in said letter contained an erroneous legal description which described a portion of Pacifica Marine's property, which is located at 2751 West Coast Highway, Newport Beach. Originally, it was the City's intention that the off -site parking be at 2633 West Coast Highway, Newport Beach, which area is behind the Beachcomber shops. Due to the fact that Pacifica Marine, Inc, is now selling its property at 2751 West Coast Highway, and is now in escrow, the Off -Site Parking Agreement previously recorded therein thereby taints the title to their property. The only fair solution is for the City to quitclaim all interest it may have in Pacifica Marine, Inc.'s property. This would leave both the City and Pacifica Marine, Inc. in the same position they each had assumed they were in from the start. As you are aware, the City Council must generally approve Quitclaim Deeds executed by the City. However, as I previously explained, the City is not deeding any interest to Pacifica Marine, Inc.; it is merely correcting an error which was only ascertained when Pacifica Marine, Inc, attempted to sell said property and a subsequent title search discovered the discrepancy. February 25, 1981 Page Two Re: Quitclaim Deed to Pacifica Marine, Inc. Therefore, because the City had no previous claim to the property described in the Quitclaim Deed, and because any further delay by the City in this matter would hold -up Pacifica Marine's escrow, we request that you execute the enclosed Quitclaim Deed without further delay. Said signature must be notarized. Thank you for your prompt attention to this matter. IOBERT H. BU__R r • 1 -- RECORDING REQUESTED BY: Pacifica Marina, Inc. AND WHEN RECORDED MAIL TO: Pacifica Marine, Inc., 2751 West Coast Highway Newport Beach, California 92663 QUITCLAIM DEED 0 0 The City of Newport Beach hereby remises, releases and forever quitclaims to PACIFICA MARINE, INC., or its successors, in trust, any interest, that the City of Newport Beach may have as a result of the execution and /or recordation of an Off -Site Parking Agreement, heretofore recorded, dated on or about May 4, 1973, and executed by the CITY of NEWPORT BEACH and TAVERINN, INC., in the following described real property in the City of Newport Beach, County of Orange, State of California. The most easterly 50 ft. of the westerly 237.99 ft. of Coast Highway Tract No. 919, as recorded in Miscellaneous Maps at Book 29, Pages 32, 33 and 34, in the offices of the Orange County Recorder, and more commonly known as 2751 West Coast Highway, Newport Beach, California. Dated: O`er �/ CITY OF NEWPORT BEACH A Municipal Corporation STATE OF CALIFORNIA ) By ZCK HEATHER. ayoV of the City of Newport Beach SS. COUNTY OF ORANGE ) On FEB 2 C 10,31 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared JACKIE HEATHER, known to me to be the Mayor of the City of Newport Beach, the municipal corporation that executed the within instrument and acknowledged to me that they executed the same on behalf of the Municipal Corporation WITNESS my hand and official seal. Signature� Notary Public CFFIhAL SEAL WILLIAM E BROWN ok t C'TAF y PIi9L C CALIFORNIA OFFICE IN NEW t'+4o7a1>x�' RECORDING REQUESTED BY: Pacifica Marina, Inc. AND WHEN RECORDED MAIL TO: Pacifica Marine, Inc., 2751 West Coast Highway Newport Beach, California 92663 QUITCLAIM DEED MINNEY FAMILY ENTERPRISES, INC., hereby remises, releases and forever quitclaims to PACIFICA MARINE, INC., or its successors, in trust, the following described real property in the City of Newport Beach, County of Orange, State of California. The most easterly 50 ft. of the westerly 237.99 ft. of Lot H, Tract 919, in Miscellaneous Maps, Book 29, Page 32, 33 and 34, and more commonly known as 2751 West Coast Highway, Newport Beach, California Dated: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) MINNEY FAMILY ENTERPRISES, INC. By. President By Secretary SS. On , 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President and , known to me to be the Secretary of the Corporation that 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. Signature Notary Publ RECORDING REQUESTED BY: Pacifica Marina, Inc. 0 10 AND WHEN RECORDED MAIL TO: Pacifica Marine, Inc., 2751 West Coast Highway Newport Beach, California 92663 QUITCLAIM DEED The City of NewportBeach hereby remises, releases and forever quitclaims to PACIFICA MARINE, INC., or its successors, in trust, any interest that the City of Newport Beach may have as a result of the execution and/or recordation of an Off -Site Parking Agreement, heretofore recorded, dated on or about May 4, 1973, and .executed by the CITY OF NEWPORT BEACH and TAVERINN, INC., in the following described real property in the City of Newport Beach, County of Orange, State of California The most easterly 50 ft. of the westerly 237.99 ft. of Coast Highway Tract No. 919, as recorded in Miscellaneous Maps at Book 29, Pages 32, 33 and 34, in the offices of the Orange County Recorder, and more commonly known as 2751 West Coast Highway, Newport Beach, California Dated: STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) CITY OF NEWPORT BEACH A Municipal Corporation Evelyn Hart, Mayor Pro Tem On , 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared EVELYN HART, known to me to be the Mayor Pro Tem of the City of Newport Beach, the municipal corporation that executed the within instrument and acknowledged to me that she executed the same on behalf of the Muncipal Corporation WITNESS my hand and official seal. Signature Notary Public GENERAL RELEASE OF ALL CLAIMS THIS AGREEMENT made this day of February, 1981, by and between PACIFICA MARINE, INC., of 2751 West Coast Highway, City of Newport Beach, County of Orange, State of California, herein called "Releasor" and MINNEY FAMILY ENTERPRISES, INC., of 2601 West Coast Highway, City of Newport Beach, County of Orange, State of California, herein called "Releasee ", is a release whereby the Releasor, pursuant to Section 1541 of the Civil Code extinguishes his rights and claims against Minney Family Enterprises, Inc., as herein enumerated. 1. The Releasor, on behalf of itself, its successors and assigns, hereby fully releases and discharges Minney Family Enterprises, Inc., its successors and assigns from all rights, claims and actions which Pacific Marina, Inc., and his above - mentioned successors now have or may hereafter the signing of this Agreement have against Minney Family Enterprises, Inc., and his above - mentioned successors arising out of the Off -Site Parking Agreement entered into between the City of Newport Beach, a Municipal Corportaion, and Taverinn, Inc., a previous Lessee of Releasee, on the 4th day of May, 1973, at the City of Newport Beach, and entitled "Off -Site Parking Agreement ", a copy of which is attached hereto and incorporated herein by reference.. 2. This Release is freely and voluntarily executed by Pacifica Marina, Inc., after having been apprised of all the relevant information by their attorney, Orville Marlett. Q_. st�" F . -1 0 • • • 3. The Releasor has read this Release and has had the terms used herein and the consequences thereof explained to him by Orville Marlett , a licensed attorney in the State of California, located at 1200 North Main St., Suite 534, Santa Ana, California. READ CAREFULLY BEFORE SIGNING PACIFICA MARINE, INC. L0 Title DECLARATION OF RELEASOR'S ATTORNEY I, ORVILLE MARLETT, of 1200 N. Main St., Suite 534, City of Santa Ana, County of Orange, State of California, a member of the California Bar Association and attorney for Pacifica Marine, Inc., Relesor, am satisfied that the Releasor has fully understood the effect, significance and consequence of this Release, and therefore, I have advised him to sign it. DATED Orville Marlett d '" 4b CAL May 29, 1973 Mr. Gv�iles Svehlek: Taveru, Inc. 2601 West Coast Highway Newport Beach, CA 92660 Subject: Off -Site Parking Agreement Attached is a recorded copy of the Off -Site Parking Agreement for the Monterey Still Restaurant, which has been recorded in Book 10692, Page 471 of the official records of Orange County on May 11, 1973. This agreement was authorized by the City Council on March 12 by the adoption of Resolution No. 7945. Laura Lagios , C. r4, C. City Clerk LL:swk enc. CITY OF NEWPORT BEACH CALIFORNIA DATE _ W 90 - 1973 TO: FINANCE DIRECTOR FROM: City Clerk City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 SUBJECT: Contract No. 1,616 Description of Contract qff -Site Yarling Avreement fey Mmt&M 3ti11 Reetauriant Authorized by Resolution No. 7945 , adopted on 3 -12_73 Effective date of Contract MW 4} 1973 Contract with Taverinno Inc_ • • 1 ►.. Amount of Contract ity� M Lly W,iSg TOs L ',- �05, CITY CLERK 13342 0TY C F BEACH 3300 ','ZVv"YC_T BOULEVARD L'ZACH, CALIF. 92660 FREE OKI 05 92F9 471 RECORDED IN OFFICIAL RECORDS ' OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. MAY 11 197; I V LM CARLYLE, County Recorder OFF-SITE PARKING AGREEMENT THIS AGREEMENT, made and entered into this day of 'Jj1/ 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY", and TAVERINN, INC., a California corporation, hereinafter referred to as "TAVERINN". W I T N E S S E T H WHEREAS, TAVERINN is the lessee of that certain parcel of real property located in the City of Newport Beach referred to as: The most easterly fifty feet of the westerly 237.99 feet of Lot H, Tract 919, in Miscel- laneous Maps, Book 29, Pages 32,33 and 34, more commonly known as 2601 West Coast Highway, City of Newport Beach, County of Orange, State of California; and WHEREAS, TAVERINN proposes to operate a restaurant business with a seating capacity not to exceed ninety-one persons on said property; and WHEREAS, the Newport Beach Municipal Code will require a total of thirty parking spaces to beprovided to accommodate a seating capacity of ninety-one persons; and WHEREAS, there are presently an insufficient number of parking spaces existing on that parcel of property at 2601 West mum Coast Highway; and U) WHEREAS, Section 20.38.040 of the Newport Beach 7 of__ and"NOWNEW Municipal Code provides for off-street parking on a sepa lot providing certain conditions are satisfied; and so WHEREAS, TAVERINN has entered into a lease of certain property located at the rear of 2712 West Coast Highway and TAVERINN proposes to provide a portion of the required parking for the restaurant on said leased property. NOW, THEREFORE, IN CONSIDERATION of the approval by CITY of TAVERINN's intended use of the property at 2601 West Coast Highway as a restaurant and in consideration of approval of the leased property described hereinabove as an off-site parking lot to be used to provide a portion of the required parking spaces for the proposed restaurant pursuant to Section 20.38.040 of the Newport Beach Municipal Code, the parties hereto agree as follows: 1. For so long as the building located on the property at 2601 West Coast Highway, City of Newport Beach, is occupied by the restaurant, thirty (30) parking spaces will be provided by TAVERINN on the lot located at the rear of 2712 West Coast Highway for the exclusive use of customers, and business invitees of the restaurant, Monday through Friday, between the hours of 4:00 p.m. and 2:00 a.m. 2. In the event the lease on the property located at the rear of 2712 West Coast Highway, Newport Beach, should be terminated for any reason, TAVERINN will immediately there- after obtain additional off-site parking spaces satisfactory to and approved by the City in order to meet the code requirements existing at that time. If TAVERINN is unable to obtain such new parking facilities, it shall close the restaurant located at 2601 West Coast Highway. 3. The operation of the restaurant by TAVERINN shall be limited to the hours between 4:00 p.m. and 2:00 a.m., Monday through Friday. This restriction shall not be in effect on -2- OK 10692K 473 - Saturday or Sunday. The hours of operation may be adjusted by the Director of the Community Development Department after his review of evidence of additional parking submitted by TAVERINN pursuant to the provisions of Section 20.38.040 of the Newport Beach Municipal Code. 4. TAVERINN shall construct suitable devices to in- sure that automobiles parked on the restaurant parking lot will not be allowed to encroach upon adjoining properties. These de- vices shall be subject to the approval of the Director of the Community Development Department. 5. TAVERINN shall provide a diagram, at the entrance to its restaurant, which indicates the location of its off-site parking spaces. 6. TAVERINN shall provide a valet service for the parking of customer's cars during all hours of operation. 7. This agreement shall run with the real property described within the first paragraph of this agreement and shall bind the heirs, successors and assigns of the parties hereto, and it shall be recorded in the office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. TAVERINN, INC. President Xkh Vice -Pres i en `" ' ' -3- ,., '4111 1 h< > ATTEST I— Y APPROVED AS TO FORM: 3 'e � A ib 1t Attorney STATE OF CALIFORNIA ) ss County of Orange ) CITY OF NEWPORT BEACH • OKI 0692PG 474 On May 4, 1973 before me the undersigned, a Notary Public in and for said State, persmally appeared GILES SVEHLEK known to me to be Pre—,;i dentand DOROTHY SVEHLEK known to me to be Vice President 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. ���+mu�wyr�Ywy���avv,J�r�w:•gwv�4�a rR • �� Ric, rd A. Brows Jr. � ® , s NA7nRy i'U E1t.fF(JRN1A MW ♦ My (l=MiSSion Expires Juiy 21, 1975 ♦��aa�� eaa9aaM��a2•w+��%�as•�•�a�+i+��► STATE OF CALIFORNIA ) ) ss County of Orange ) Notary Public in and for said County and State On OXY 7g 1�'T"3 before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD A. McINNIS, known to me to be the MAYOR, and LAURA LAGIOS, known to me to be the CITY CLERK, of the municipal corporation that executed the within Instru- ment, known to me to be the persons who executed the within Instru- ment on behalf of the corporation therein named, and acknowledged tc me that such corporation executed the within instrument pursuant to a resolution of the City Council, WITNESS my hand and official seal. =WEBB,,alifornia Notary Public in and for said nty County and State Expires1975 -4- TO: FINANCE DIRECTOR FROM: City Clerk 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd, Area Code 714 673 -2110 SUBJECT: Contract No. 3:6i6 Description of Contract Off -Site Parkin8 � omw ent for Monterey Still Fastauaant Authorized by Resolution No. 7945 adopted on 3 -12 -73 Effective date of Contract ft 4, 1973 Contract with Taverinn. Inc. Address 2601 w, mast H44ghk Swgxxrt Beach, CA Amount of Contract _(3_ -city tie c y �r CITY OF NEWPORT BEACH CALIFORNIA May 9, 1973 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 �) City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Attached for recordation is Off-Site Parking Agrwsnrwnt from .Ayer Tnr fhriarking A�rwrna at 2712 W. Coast Highway for k;, s purposes. Authorized by Resolution No. 7945 City Manager authorized by Resolution No. 6773 to accept easement deeds. x �� Laura Lagios City Clerk LL:swk enc. rY March 7, 1973 • C -1S)5 City Council Meeting March 12, 1973 Council Agenda No. CITY OF NEWPORT BEACH TO: City Council FROM: Department of Community Development SUBJECT: Off -Site Parking Agreement for the Monterey Still Restaurant (formerly the Dry Dock) LOCATION: Portion of Lot H, Tract 919, located at 2601 West Coast Highway, on the south side of West Coast Highway across from Tustin Avenue on Mariner's Mile. ZONE: C -O -Z APPLICANT: Giles Svehlek, Newport Beach OWNER: Same as Applicant Recommendation: If desired, approve the off -site parking agreement. If the Council wishes to amend the conditions of approval recommended by the Planning Commission, the staff suggests the following changes: 1. That full operation of the restaurant shall be restricted Monday thru Friday to the hours between 4:00 P.M. and 2:00 A.M. Limited operation shall be permitted prior to 4:00 P.M. at which time the maximum occupancy of the restaurant shall be governed by the number of on -site parking spaces. 2. That the hours of full operation may be adjusted by the Director of Community Development upon submittal of satisfactory evidence as required by Section 20.38.040 of the Municipal Code. 3. That a valet service shall be provided when the use of off -site parking spaces are required. Background On February 1, 1973, the Planning Commission approved the off -site parking agreement subject to six conditions as outlined in the excerpt of the minutes. The applicant, by letter, has subsequently requested that the conditions be modified to allow: 1. The restaurant to open for lunch with a limited occupancy based on the existing on -site parking spaces, until such time as additional parking can be secured. 2. The valet service to be provided only when necessary. 0 TO: City Council - 2. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR // BY I ti � k` LL r7 I ?. ` .1 ,f - William R. fvfiey,- Senior Planner RVH:WRF:sm 0 Attachments: Staff Report dated January 26, 1973 Planning Commission Minutes of February 1, 1973 Letter from Applicant I January 26, 1973 TO: FROM: SUBJECT: Planning Commission Meeting February 1, 1973 Agenda Item No. CITY OF NEWPORT BEACH Planning Commission Department of Community Development Request for app for thirty park with "TaverInn" Restaurant). roval of an off -site parking agreement ing spcaes to a use in conjunction Restaurant (formerly the "Dry Dock" LOCATION: Portion of Lot H, Tract 919, located at 2601 West Coast Highway, on the south side of blest Coast Highway across from Tustin Avenue on Mariner's Mile. ZONE: C -O -Z APPLICANT: Giles Svehlek, Newport Beach OWNER: Same as Applicant Background The Dry Dock Restaurant was originally built in 1968 and was approved for an occupancy load of sixty -six seats, which was based on the availability of twenty -two on -site parking spaces. Subsequent to the original approval, the owners of the Dry Dock made arrangements to lease ten additional spaces from the Beachcomber Coffee Shop, and an off -site parking agreement was approved by the City Council. However, after considerable communication between the Staff and the owner, the City Attorney's Office determined that the conditions of the agreement had not been kept and the agreement was declared to be'null and void. Since that time, the ownership of the restaurant has changed twice. This request has been submitted by the new owner. Description The applicant proposes to use thirty off -site parking spaces belong- ing to the United California Bank on the north side of West Coast Highway. These spaces, when combined with the fourteen to twenty - two on -site spaces (the number will vary depending upon the use of valet parking), will give the owner more than enough parking for the interior occupant load of the building. The new owner is in the pro- cess of making some minor interior alterations, including the removal of the dance floor. When the remodeling is complete, the occupant load will be approximately ninety -one persons, exclusive of the exterior deck. If the deck is used for dining purposes, it would accommodate an additional twenty persons. Analysis The proposed spaces are located immediately behind the United Calif- ornia Bank on the north side of West Coast Highway. They are located approximately 500 ft. from the restaurant site. While this is a Item No. B -9 0 TO: Planning Commission - 2. greater distance than is desirable, it appears to be the only available parking and should provide a practical solution to the parking problem. The spaces are available only after normal banking hours and on weekends and, therefore, will not be available for luncheon trade. The applicant is attempting to locate additional day -time parking. Conclusion and Recommendation The Staff feels that the proposed spaces will provide adequate usable parking for night -time and weekend operation of the restaurant. However, until such time as the owner is able to acquire additional parking, available during the days, the Staff feels that the hours of operation should be limited to evenings and weekends. The Staff recommends approval of this request subject to the follow- ing conditions: 1. That the operation of the restaurant Monday through Friday shall be limited to the hours between 4:00 P.M. and 2:00 A.M. 2. That the hours of operation may be adjusted by the .Director of Community Development upon submittal of satisfactory evidence as required by Section 20.38.040 of the Municipal Code. 3. That a valet service shall be provided during all hours of operation. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By fiSdXdrlfil W I L LL6:� -�-- Senior Planner WRF /kk Attachments: Letter to Applicant from City dated 1/9/73 Letter to United California Bank Letter to Applicant from United California Bank dated 1/4/73 Request for Off -site Parking Agreement with map Item No. B -9 0 January 9, 1973 f/P"Vp /"'e..6 vF4 le k 11-117a CITY OF P-TE PORT BEACH Mr. Giles Svehlek The Taverinn, Inc., 2601 41.. Coast Highway Newport Beach, California 92660 Dear Mr. Svehlek: CALIFORNIA City Hall 3300 W. Newport Blvd Area Code 714 673 -2110 This is to confirm our conversation of January 8, 1973. Upon application to the Newport Beach Planning Commission for an off - site parking agreement between yourself and the United California Bank, the Department of Community. Development will approve your business license application subject to the following understanding: 1. If, for any reason, the Planning Commission or the City Council should deny the off -site parking agreement you will be required to obtain alternate parking or reduce . the seating capacity of the restaurant. 2. In view of the fact that the bank parking spaces will be available for your use only after normal Nanking hours, the Planning Commission or City Council may place con- ditions on the agreement to either eliminate or restrict your day time operation. 3. The Planning Commission or City Council may place what- ever other conditions on the parking agreement as may be appropriate. If we can be of further assistance, please do not hesitate to con- tact our office. Very truly yours, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR. By blilliam R. FoIe -y Senior Planner RVH:.,IRF: dl b n • •D L �L� y '✓ J r 0 18605 WEST 0LUEMOUND ROAD • BROOKFIELD, WISCONSIN • 786- 8070 Unitad California Banff; 2712 %1. Coast Highway Newport Beach, California Gentlemen: The und- rsigned, in consideration of the us-- of your bank parl.irg lot locatad at 2712 11. Coast Highway (rear) on and after Jan. 1, 1973, for the :.purpose of overflow parking,`. hereby agrees to indemnify ana Lave you harmless from any and s11 liability and loss l.ihich you may suffer by reason of use of said prmises, and agrees to defend you against the claims of all pennons in connection therewith and to pay any expenses, incly ding attorney's fees, incurred by you is n^_fending such claims in tl^e enfo__ement of this contract of indemnity. it is also understood and agreed that the undersigned will furnish the bank, on or before Jan. 1, 1973, evidence of liability insurance with limits of $100/ $300,000 Bodily Injury and $100,000 Property Damage, with a notation in such evidence that the liabilith assu cdl by the underaigned is cov,�rc(4 the iriJurancs• - - It is further understood that this agreement is xevornb:le on 90 day notice by either party. Very Truly Yours r ic ei 7 r� UjN ]TED CALI FORK 1A BANK MARINERS OFFICE 2712 WEST COAST HIGHWAY • NEWPORT BEACH. CALIFORNIA 7141646-2431 MAILING AOORESS: BOX 1277 NEWPORT BEACH. C4LIFORNIA 92663 January 4, 1973 14r, Giles Svehlek The Taverinn, Inc. 2601 W- Coast Highway Newport Beach, California 92660 Dear Mr. Svehlek: In accordance with our recent conversation, we will be happy to make available to you our Bank parking lot consisting of 30 parking places located at 2712 W. Coast highway (rear) for the purpose of overflow parking for patrons of your restaurant after normal banking hours and on week-ends, Any use you wish to make of these facilities for parking purposes will be in accordance with provisions of the attached Agreement dated January 5, 1973• Sincerely R. C. Allen Manager P °o n. o P e AO \ fpL 7� C.O. N S���N �i y . _ Jpp t&-IL -lam c r -,9, RECEIVEtr '`j CommaUnim:yCQ� ' Ceveloent Y'."" 1913; .. C;TY CF- r 1 NEWPORT EEAOH, ej O/v od dnd 73 yrds DQ� a o, �J "'9 IR E4q a -11-01 I "� Cmnrd o.1 •, .I n. 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O •` I • L'- y,{ \ — '1'111 J '. 4•'('�f\ / y �cl i J :� ~ ! -11a 4 �! a \ 1 �a 0; r O i ti� COMMISSIONERS CITY OF NEWPORT BEACH Zone: C -O -Z Applicant: Giles Svehlek, Newport Beach Owner: Same as Applicant Assistant Community Development Director Hewicker briefly reviewed the staff report with the Plan- ning Commission and answered questions regarding valet parking. Planning Commission discussed valet parking, occupancy loads, and off -site parking agreements. Mike Hallenin, representative of the applicant, appeared before the Planning Commission to answer questions relative to the request. He stated concurrence with the recommended conditions as written in the staff report and had no objections to an entrance sign being required advising those customers who wished to park their own cars where additional parking was located. Dick Wandrock of the Ancient Mariner appeared before the Planning Commission to advise them of past problems relative to "Dry Dock" customers and employees parking in their lot, cars hitting their fence and the probable need for wheel stops. Mike Hallenin again appeared before the Planning Commission and stated the new owners were not aware of the problems as stated by Mr. Wandrock and was sure they would be willing to resolve any conflicts relative to the parking, the fence and had no objections to any wheel stop requirements. He also stated that the name of the new restaurant would be the Monterey Still. Page 6. i i I MINUTES February 1, 1973 INDEX Item #B9': Request for ment for junction approval of an thirty parking spaces with "TaverInn" off -site parking agree- to be used in con- Restaurant (formerly the FF -SITE: P KING EMEN1 "Dry Dock" Restaurant). PPROVED Location: Portion of Lot H, Tract 919, locat- MR-- at 2601 West Coast Highway, on TTUNWELY the south side of West Coast High- way across Mariner's from Tustin Avenue on Mile. Zone: C -O -Z Applicant: Giles Svehlek, Newport Beach Owner: Same as Applicant Assistant Community Development Director Hewicker briefly reviewed the staff report with the Plan- ning Commission and answered questions regarding valet parking. Planning Commission discussed valet parking, occupancy loads, and off -site parking agreements. Mike Hallenin, representative of the applicant, appeared before the Planning Commission to answer questions relative to the request. He stated concurrence with the recommended conditions as written in the staff report and had no objections to an entrance sign being required advising those customers who wished to park their own cars where additional parking was located. Dick Wandrock of the Ancient Mariner appeared before the Planning Commission to advise them of past problems relative to "Dry Dock" customers and employees parking in their lot, cars hitting their fence and the probable need for wheel stops. Mike Hallenin again appeared before the Planning Commission and stated the new owners were not aware of the problems as stated by Mr. Wandrock and was sure they would be willing to resolve any conflicts relative to the parking, the fence and had no objections to any wheel stop requirements. He also stated that the name of the new restaurant would be the Monterey Still. Page 6. i i I Tf�DDND Dp� -� a ,n Z T � � � ROLL CALL T p February 1 , 1973 MINUTES wnev Motion X Following discussion, Planning Commission approved All Ayes the request for approval of an off -site parking agreement for thirty parking spaces subject to the following conditions: 1. That the operation of the restaurant Monday through Friday shall be limited to the hours between 4:00 P.M. and 2:00 A.M. 2. That the hours of operation may be adjusted by the Director of Community Development upon submittal of satisfactory evidence as required by Section 20.38.040 of the Municipal Code. 3. That a valet service shall be provided during all hours of operation. 4. That satisfactory restraints shall be provided to keep automobiles on the property as deter- mined by the Community Development Department. 5. That a diagram shall be provided at the entranc of the restaurant showing the location of the off -site parking for the benefit of the customers. 6. That a satisfactory off -site parking agreement shall be executed. ADDITIONAL BUSINESS Motion X Planning Commission adopted Resolution No. 789 Item #10 All Ayes setting a public hearing for February 15, 1973, IN to consider the adoption of Residential Growth imits Component of the Newport Beach General Plan. Motion X Planni Commission adopted Resolution No. 790 Item #11 Ayes X X X X X setting a blic hearing for March 1, 1973, to Abstain X consider rezo ' g the Balboa Peninsula to R -1 and Absent X R -1.5 Districts. mmissioner Martin stepped down and refrained from cussion and voting on this item. Motion X Planning Commission adopted Re ution No. 791 Item #12 All Ayes setting a public hearing for a spe 'al meeting on 22, 1973, to. consider rezoning ona del Mar from R -2, R -3, and R -4 Districts to a -1.5 ,March District. Page 7. �� �ITLI - ( f7j.&7. 70 �J4 lit" 16 " DAVID M. GARLAND DAVID S. ROBERTSON FRED A. HOWSER MICHAEL J. GERTNER RICHARD A. BROWN, JR. N. BROOKE GABRIELSON ROBERTSON, HOWSER & GARLAND (/ ATTORNEYS AT LAW O(�LGC 4340 C A M P U S D R I V E ""VV NEWPORT BEACH, CALIFORNIA 92663 (r�jfl//lKON ooPE TELEPHONE 540 -5400 ip p pT AREA CODE 714 `EWP TB May 7, 1973 City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Monterey Still - Giles Svehlek - Application for Amendment to Off -Site Parking Agreement Gentlemen: L b-)­ This firm represents Mr. Giles Svehlek, the new owner of the Monterey Still, formerly known as The Dry Dock, a bar and restaurant located at 2601 West Coast Highway, Newport Beach, California. On April 24, 1973, Mr. Svehlek received a letter from Mr. Dick Hogan, Director of the Department of Community Development with regard to certain parking requirements for the above restaurant. Pursuant to this letter Mr. Svehlek has: 1. Executed the Off -Site Parking Agreement dated May 4, 1973. 2. Obtained from the United California Bank, located at 2712 West Coast Highway, Newport . Beach a letter of commitment providing for a minimum of ten parking spaces for the day- time operation of the business in addition to the letter of commitment from the United California Bank dated January 4, 1973 with regard to off -site parking during the evening hours. d �O NO CE i0 'O RNIA 926$3 6 j - City Council • • City of Newport Beach May 7; 1973 Page Two 3. Provided restraints to keep automobiles on the property. 4. Furnished valet parking for the noon time operation in addition to the valet parking previously in operation during the evening hours, and 5. Provided a diagram showing the location of the off -site parking for those patrons who do not wish to avail themselves of the valet parking service. The Off -Site Parking Agreement dated May 4, 1973 refers to a seating capacity of 91. The actual current seating capacity is 72, which pursuant to the Municipal Code of the City of Newport Beach would establish a requirement of 24 parking spaces. There are 16 parking spaces on the property of the restaurant and in addition, pursuant to the agreements referred to above, 30 additional spaces are available in the evening hours and 10 additional spaces are available during the daytime operations as off -site parking. In view of the fact that .applicant has now complied with all the requirements of the Off -Site Parking Agreement and the letter from the Department of Community Development dated April 24, 1973, and in accordance with discussions by the undersigned with the City Attorney's office and the Department of Community Development, applicant asks that the Off -Site Parking Agreement be amended as follows: 1. That page 1 of the Agreement be amended to re- flect the seating capacity of 72 persons and a resultant parking space requirement of 24. 2. That .the hours of daytime operation be approved. 3. That the requirement of valet service be in effect only during the peak hours of operation of the business when off -site parking spaces City Council City of Newport Beach May 7, 1973 Page Three s might be utilized, to wit, the hours of 6:30 to 11:00 P.M. Thank you for your consideration of this matter. Yours �very /truly, / RICHARD A. BROWN, 3R. a 0 ROBERTSON, HOWSER & GARLAND ATTORNEYS AT LAW DAVID M. GARLAND 4340 CAMPUS DRIVE DAVID S. ROBERTSON NEWPORT BEACH, CALIFORNIA 92663 FRED A. HOWSER MICHAEL J. GERTNER TELEPHONE 540 -5400 RICHARD A. BROWN, JR. AREA CODE 114 N. BROOKE GAARIELSQN �'/���'lcG.�✓I'G 7- May May 22, 1973 7 MAY 29''1973 By +he CITY COUNCIL ChY H MRriph?P,t OFA e onorabl tiPil The Ilona d McInnis and Members of the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Monterey Still - Giles Svehlek - Application for Amendment to Off -Site Parking Agreement Gentlemen: ADDRESS ALL CORRESPONDENCE TO POST OFFICE BOX 2207 NEWPORT BEACH CALIFORNIA 92663 F�L This firm represents Mr. Giles Svehlek, the new owner of the Monterey Still, formerly known as The Dry Dock, a bar and restaurant .located at 2601 West Coast Highway, Newport Beach, California. On behalf of Mr. Svehlek, may I request a place on the agenda for the Council Meeting on the evening of May 29, 1973 in order to review the off -site parking agreement between Mr. Svehlek and the City of Newport Beach and to make appli- cation for certain amendments thereto. Thank you for your attention. RAB :rtk Yours very truly, Kj4 RICHARD A. BROWN, JR. g