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_.
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-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—
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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
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Ric, rd A. Brows Jr. �
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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
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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
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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
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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