HomeMy WebLinkAboutC-2033 - Off-Street Parking Agreement for Use Permit 1772 (a)Exempt wordIng teQU9" pot
Govemsmeennt Code 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk RECORDED OFFIAt
CIALOf ORANGE RECORDS'
CITY OF NEWPORT BEACHORANGE Grit€ORfs
3300 Newport Boulevard
Newport Beach, California 92663 �' u ;;. E833
U A. ° County
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Space Above This Line For Recorder's Use Only
OFF-SITE PARKING AGREEMENT
THE FERNLEAF CAFFE
2640 East Coast Highway
Newport Beach, California
THIS AGREEMENT, made and entered into this 31st day of
May, 1983, by and between:
and
and
CITY OF NEWPORT BEACH, a Municipal Corporation and
Charter City, hereinafter referred to as "City,"
CHARLES W. MASTERS
Trustee of the Master's Trust
WILEY B. JOHNSON and KATHLEEN L. JOHNSON
hereinafter referred to as "Lessee,"
is made with reference to the following facts, the materiality
and existence of which is stipulated and agreed by the parties
hereto:
A. Owner owns certain real property located at 702 -
704 Fernleaf Avenue, in the City of Newport Beach, County of
Orange, State of California, which real property is more particu-
larly described as:
"Lots 4 and 6, Block 733, Corona del Mar,
per maps recorded in Book 3, pages 41 and
42, Miscellaneous Maps"
hereinafter referred to as "the property"; and
0
W
B. Lessee operates on property located at 2640 East
Coast Highway, a restaurant known as the Fernleaf Caffe. Provi-
sions of the Newport Beach Municipal Code require persons
conducting a restaurant to provide parking spaces for their cus-
tomers; and
C. On May 18, 1978, the City approved a Use Permit for
the operation of the Fer.nleaf Caffe and conditioned the approval
on the provision of at least 10 offstreet parking spaces; and
D. Lessee has entered into a written agreement with
Owner, which agreement grants to Lessee the non-exclusive right
to use ten (10) automobile parking spaces on the property. A
copy of the written agreement is attached hereto and marked
Exhibit "A."
E. The Planning Commission of the City of Newport
Beach, in conjunction with its consideration of Use Permit No.
1772 (amended), recommended to the City Council of the City of
Newport Beach approval of this Off -Site Parking Agreement after
determining that the conditions of Section 20.30.035(D) of the
Newport Beach Municipal Code were satisfied; and
F. The City Council of the City of Newport Beach con-
sidered the proposed Off -Site Parking Agreement, determined that
the Agreement satisfied the provisions of Section 20.30.035(D) of
the Newport Beach Municipal Code, and authorized execution of
this Agreement,
NOW, THEREFORE, the parties hereto agree as follows:
1. Lessee shall execute, and do all things necessary
to ensure the effectiveness and validity of, the written agree-
ment pursuant to which Lessee has the right to automobile parking
spaces on the property. Lessee further agrees to fully perform
all of the duties and responsibilities imposed upon Lessee by the
Lease Agreement (Exhibit "A") pursuant to which Lessee has the
right to parking spaces, and further agrees that any breach by
Lessee of the terms of this written agreement constitutes a
K
3-6
breach of this agreement. The duties of Lessee pursuant to this
paragraph shall continue for such time as the Lessee operates the
expanded restaurant faclity located at 2640 East Coast Highway,
Newport Beach, Ca., with the characteristics, and intensity of
use, authorized by Use Permit No. 1772 (amended).
2. In the event that the use of the off-street auto-
mobile parking spaces provided for in the Lease Agreement
(Exhibit "A") are lost to Lessee, for any reason, Lessee agrees
to do the following:
(a) Alter the characteristics of, or reduce the
capacity of, the restaurant located at 2640 East Coast Highway,
Newport Beach,
Ca.,
such
that
the automobile
parking
spaces then
available to,
and
under
the
control of,
Lessee
are, given
consideration to any nonconforming rights that Lessee may have as
of the date of this Agreement, sufficient to satisfy the parking
requirements of the Newport Beach Municipal Code;
(b) Notify, in writing and within 30 days of the
loss of the parking spaces, the Planning Director of the City of
Newport Beach that automobile parking spaces previously available
to Lessee are no longer available; and
(c) Prior to resuming business in the manner
authorized prior to the loss of the parking spaces,Lessee shall
submit to the Planning Director of the City of Newport Beach a
new or amended Off -Site Parking Agreement, giving Lessee the use
of at least the same number of offsite parking spaces required by
Use Permit No. 1772 (amended), and Lessee shall further obtain
recommendations and approvals of the agreement, by the Planning
Commission and City Council of the City of Newport Beach, as may
be required by the Newport Beach Municipal Code.
3. Lessee shall fully perform all of the conditions of
approval imposed by the Planning Commission of the City of
Newport Beach in conjunction with the approval of Use Permit No.
1772 (amended). The minutes of the Planning Commission reflect -
3
523661
ing the conditions imposed are attached hereto, marked Exhibit
"B", and are incorporated herein by reference.
4. Lessee shall, at least 90 days prior to the expira-
tion of the written Lease Agreement, (Exhibit "A") provide a new
or amended parking agreement which grants the use of at least the
same number of parking spaces required by Use Permit No. 1772
(amended).
5. This Agreement shall be recorded in the Office of
the County Recorder of the County of Orange. In the event that
Lessee is no longer entitled to a possession of all, or a
portion, of the property, either by virtue of the termination of
the Lease Agreement (Exhibit "A") or pursuant to any valid court
order, owner may notify City of the fact the Lessee has lost the
right to possession and request City record a document which
renders this Offsite Parking Agreement null, void and of no
effect. Lessee hereby consents to the recordation of such a
document.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
M or
City Clerk
APPAOVED AS TO •-►z
ty Attorney
4
OWNER
MASTER'S TRUST
By: Charles W. Masters, -Trustee
13-.523661
LESSEE
Wiley Johnson
Kathleen L. Johnson
83-561-3661
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On _ 14 1983, before me, the under-
signed, a Notar Public in and for said State, personally appear-
ed Evelyn Hart as Mayor of the City of Newport Beach and known to
me to be the person who executed the within instrument on behalf
of the City of Newport Beach herein named, and acknowledged to me
that the City of Newport Beach executed the within instrument
pursuant to a resolution of its City Council.
Witness my hand and official seal.
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
Notary P lic
On (_q" — , 1983, before me, the under-
signed, a Notary Publiipn and for said State, personally appear-
ed Charles W. Masts 's,, nown to me to be the person who executed
the within instrument on behalf of the Master's Trust, herein
named, and acknowledged to me that the Master's Trust executed
the within instrument pursuant to the provisions contained
therein.
Witness my hand and official seal.
OFFICIA1. SEAL
eE o
P/ s
DOROTHY L. PALEN
•' „'�
WARY PUBLIC - CA! -i�Ci°�; ;a
PRINCIPAL 0FFf(',_. IN
ORANGE COUa'�TY
MY COMMISSION
My Q nmisssian Ex*— kln 5, 1935
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
Notary P lic
On (_q" — , 1983, before me, the under-
signed, a Notary Publiipn and for said State, personally appear-
ed Charles W. Masts 's,, nown to me to be the person who executed
the within instrument on behalf of the Master's Trust, herein
named, and acknowledged to me that the Master's Trust executed
the within instrument pursuant to the provisions contained
therein.
Witness my hand and official seal.
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
z K�'
Notary Public -.
On October 7, , , 1983, before me, the under-
signed, a Notary Public in and for said State, personally appear-
ed Wiley B. Johnson and Kathleen L. Johnson whose names are
subscribed to the within instrument and acknowledged that each of
them executed the same.
Witness my hand and official seal.
No, ary ublic
eE o
P/ s
OFFICIAL SEAL
MARIAN L. JOHNSON
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MY COMMISSION
EXPIRES JULY 28, 1986
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
z K�'
Notary Public -.
On October 7, , , 1983, before me, the under-
signed, a Notary Public in and for said State, personally appear-
ed Wiley B. Johnson and Kathleen L. Johnson whose names are
subscribed to the within instrument and acknowledged that each of
them executed the same.
Witness my hand and official seal.
No, ary ublic
83-523661
ASSIGNMENT OF LEASE
The undersigned BARBARA HOPE AND IVY J. FERRERO, lessees in that certain parking
lot lease agreement upon the premises known as 702 and 704 Fernleaf Avenue,
Corona del Mar, California, and stockholders and shareholders in that certain
corporation known as FERNLEAF CAFFE CORP., do hereby sell, assign, and transfer
all of their rights, title and interest in and to the parking lot lease to
WILEY B. JOHNSON AND KATHLEEN L. JOHNSON.
2-,D-
, � ---7 , ,
Barbara Hope
Ivy J. e�Vro
In consideration of the above assignment and written consent of the Lessor thereto
we agree to asume and be bound by all of the terms and conditions of the said
parking lot lease agreement and to pay the rental therein provided.
�7
Wiley: B. Johnson
Kathleen L. Johnson
CONSENT TO ASSIGNMENT
The undersinned Lessor consents to the above assignment of Lease to
WILEY B. JOHNSON AND KATHLEEN L. JOHNSON waiving none of his rights thereunder
and lessQt acknowledges that any further assignments of this lease shall require
lessor's approval, which approval shall not be unreasonably withheld.
THE MASTERS TRUST
Charles W. Masters
Co -Trustee
EXECUTED THIS 5th DAY OF October 1983.
m4 a3 rr "A
PARKING LOT LEASE AGREEMENT
This PARKING LOT LEASE AGREEMENT is made and executed this 2nd
day of May, 1983 by CHARLES W. MASTERS, hereinafter referred to as
LESSOR, and FERNLEAF CAFFE CORP., hereinafter referred to as LESSEE.
THE PARTIES AGREE AS FOLLOWS:
1. DEMISED PREMISES - Lessor leases to Lessee and Lessee hires
from Lessor under the terms and conditions hereinafter set forth,
those certain premises located in the City of Corona del Mar, California,
more particularly described as follows:
The sole and exclusive use of 10 spaces in a Private
no fee parking lot at 702 and 704 Fernleaf Avenue,h-�
Corona del Mar, Caifornia
LEGAL DESCRIPTION:
A portion of Lot 4 and Lot 6, Block 733 of Corona del
Mar, City of Newport Beach as per map recorded Book 3
pages 41 and 42 Miscellaneous Maps.
NOTE: Lessor does not police the premises and therefore can not
guarantee to Lessee the freedom of one or more of the demised premises
from unauthorized use by persons who are neither customers or invitees
of Lessee or Lessor. At no time shall Lessee, his employees or guests
use those 2 parking spaces immediately adjacent to the building, nor
shall ingress or egress be blocked„
2. 'TERM - The term of this lease shall be for a period of three
(3): years, commencing on the 1st day of May, 1983, and terminating on
the 30th day of April, 19.86. The lease shall then continue on a month
to month -.basis, until terminated, subject to rent adjustment as set
forth below. Termination shall be by thirty (30) days written
notice by either party.
3. OCCUPANCY - The demised premises shall be used for parking
for patrons and invitees of Lessee from the hours 6:00 p.m. to 2:30 a.m.
seven days per week.
4. RENT - As minimum rent for the demised premises Lessee shall
pay to Lessor, without deduction or offset, prior notice or demand,
the- total sum of Five. Thousand Four Hundred Dollars ($5,400.00) payable
in thirty-six monthly installments of One Hundred Fifty Dollars ($150.00)
in advance on the lst day of each month commencing the lst day of
May, 1983, and continuing through the 30th day of April, 1986; there-
after the minimum rent will be adjusted on the lst day of May of each
year of the term to reflect increased cost of living as indicated by
the Consumer Price Index (All Urban Consumers - Los Angeles - Long
Beach - Anaheim, 1967 = 100) published by the Bureau of Labor Statistics,
83-523661
U. S. Dept. of Labor. The cost of living adjustment herein provided
for shall be calculated by means of the following formula:
X = A x C
X = Adjusted minimum monthly rent
A = Minimum monthly rent $150.00
B = March CPI (U) of year of adjustment
C = March CPI (U) of the preceding year
Notwithstanding the foregoing, in no event shall the minimum monthly
rental during the term of this lease be less than $150.00.
5. MAINTENANCE AND REPAIR - The premises and every part
thereof are at the date hereof in good order, condition and repair.
In addition to the rent, Lessee shall pay to Lessor one-third (1/3)
of the cost of resurfacing or re -striping occasioned by normal use
of the demised premises upon presentation of itemized billing from
Lessor. Lessor reserves the right to change the layout of the parking
lot from time to time; however, should such change result in less
than ten (10) parking spaces, rent shall be reduced proportionately
by the number of spaces eliminated.
6. USE OF PREMISES - Lessee shall not commit or suffer to be
committed any waste or nuisance upon the demised premises and shall
conduct his. business and the advertising and promotion thereof in
conformity with the highest standard of business practices prevailing
in the community in which the demised premises are situated. Lessee,
at his sole cost and expense without obligation of Lessor, shall
observe in the use of the premises all governmental regulations,
ordinances and statutes now in force or which may hereafter be in
force. The parties jointly agree to use their best efforts to insure
that the lot is kept in a clean and orderly condition as pertains
to their respective uses. Parking Attendant shall use care and
diligence to insure the quiet enjoyment.of adjacent residents.
Lesseeagrees to remove or have removed cars remaining in the lot
after 2.:30 a.m.
7. EXCESS TAXES - In addition to all other amounts herein
specified, Lessee shall pay Lessor on November 15, 1983, and each
subsequent November 15th of the term, thirty-three and one-third
percent (33-1/3%) of the special and general City and County real
property taxes and assessments payable on the demised premises.
Lessee shall have the right to inspect the bills for the period in
question. Pro -ration of said payments by Lessee shall be made when
necessary for the first and last year of this lease term.
4Page 3 -
8. INSURANCE - Lessee at his sole cost and expense but for the
joint benefit of Lessor and Lessee, shall procure and maintain in full
force and effect during the term hereof the following insurance
coverages in companies satisfactory to Lessor and at all times shall
keep Lessor supplied with certificates showing such insurance to
be in full force and effect:
Public Liability insurance with limits of not less than
$500,000 in respect to injury or death of a single
person and not less than $1,000,000.00 in respect
to any one accident.
Property damage insurance with limits of not less
than $500,000.00.
If any act on the part of lessee or use of the premises by Lessee
shall cause directly or indirectly any increase of Lessor's
insurance expense, said additional expense shall be paid to Lessor
upon demand.
CHARLES W. MASTERS FERNLEAF CAFFE CORP.
By
Lessor Da Lessee Date
_(Title)
Lessor Date
es e Date
RECORDING REQUESTED BY A
WHEN RECORDED RETURN TO:
Book 11611 Page 25
Offi L records of Orange County
9:0� am 12-31-75
Instrument No. 33846 !a
�-a
j
Space Above This Line for Recorder's Use 1,
o 2
0
OFF-SITE PARKING AGREEMENTS )
(George R. Richter and Betty Jane Richter -
2640 East Coast Highway, Corona del Mar)
THIS AGREE14ENT is made and entered into this ,�;?qg 0
day ofr�, 1975, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City" and GEORGE R. RICHTER and BETTY JANE RICHTER, herein-
after referred to as "Owner";
W I T N E S S E T H:
WHEREAS, Owner is the owner of that certain parcel
of real property located in the City of Newport Beach, County
of Orange, State of California, and described as:
PARCEL A. All of Lot 4 in Block L of Tract No.
323, in the City of Newport Beach, as shown on a
map recorded in Book 14, Pages 40 and 41 of
Miscellaneous Maps, records of Orange County,
California, and that portion of Lot 5 in Block L
of said Tract 323, described as follows:
Beginning at the Northwesterly corner of said
Lot 5 and thence Southeasterly along the South-
westerly line of said Lot 5 and the Northeasterly
line of Coast Boulevard a distance of 31.20 feet;
thence North 74036' East to a point in the South-
easterly line of said Lot 5; thence North 39038'
East along said Southeasterly line to the most
Easterly corner of said Lot 5; thence North 500
22' West along the Northeasterly line of said Lot
5 to the most Northerly corner thereof; thence
South 74036' West along the Northwesterly line of
said Lot 5, 133.30 feet to the point of beginning.
hereinafter referred to as Parcel "A"; and
WHEREAS, Owner desires to operate a take-out and
outdoor restaurant facility with on -sale beer and wine on said
Parcel "A", which will require that a minimum of 8 off-street
automobile parking spaces be provided off-site under the provisions
of the Newport Beach Municipal Code; and
WHEREAS, Owner is the owner of that certain parcel
of real property located in the City of Newport Beach, County of
1'
1
U
W
W
Orange, State of California, described as:
PARCEL B. Lot 11 in Block 732 of the
Corona del Mar tract, in the City of Newport
Beach, as shown on a map recorded in Book 3,
pages 41 and 42 of Miscellaneous Maps, records
of Orange County.
hereinafter referred to as Parcel "B"; and
WHEREAS, Owner desires to use Parcel "B" to provide
the required parking in conjunction with the take-out and outdoor
restaurant facility to be conducted on said Parcel "A"; and
WHEREAS, the Planning Commission of the City of
Newport Beach at its meeting of November 6, 1975, considered
the off-site parking agreement and recommended approval to the
City Council of the City of Newport Beach of said off-site
parking agreement; and
WHEREAS, the City Council at its meeting of
,D�C.-_ q9, 1975, considered the provisions of Section
12.38.04 of the Newport Beach Municipal Code and determined that
the off-site parking agreement proposed by Owner should be
approved.
NOW, THEREFORE, in consideration of the foregoing it
is agreed by and between the parties hereto as follows:
1. Owner will use Parcel "B" as a location for
8 off-street automobile parking spaces in conjunction with the
take-out and outdoor restaurant facility use of Parcel "A".
2. In the event the use of the parking spaces
referred to in paragraph 1 should be terminated and lost to
Owner for any reason, Owner will immediately thereafter obtain
additional off-street automobile parking spaces satisfactory to
and to be approved by the City. If substitute parking spaces
are not obtained, Owner will physically modify the take-out
and outdoor restaurant facility use which is located on Parcel
"A" in such a fashion as to reduce the parking for said use
to such a level as the number of off-street parking spaces avail-
able to Owner dictate, measured by the parking requirements of
the City of Newport Beach at that time, or close or cause to
be closed such use.
-2-
3. This agreement shall run with the property
described within as Parcel "A" and shall bind the heirs,
successors in interest and assigns of the parties hereto, and
it shall be recorded in the Office of the County Recorder of
the County of Orange, State of California.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
r
C" ty Clerk
APPROVED AS TO
s
si nM�,ty AMorMey
OWNER:
GEORGE R—"
HTER
BETTY,'TP,INE RICHTE
-3-
STATE Of' CALIFORNIA
SS
County of Orange
On December 23 , 1975, 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
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.
-
DOROTHY L. PALEN
hlOiARY PUBLIC -CALIFORNIA
li f_ PRINCIPAL OFFICE IN
w ORANGE COUNTY
My Commission Expirps Feb. 9, 1977
STATE OF CALIFORNIA
SS
County of
Notary Public In and for said State
On 1975, 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 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.
Notary Public in and for said State
STATE OF CALIFORNIA )
)s s :
County of Los Angeles)
On December 17 ,1975, before me, the undersigned,
a Notary Public in and for said state, personally appeared
George R. Richter and Betty Jane Richter, known to me to be the
persons whose names are subscribed to the within instrument and
acknowledged that they executed the same.
WITNESS my hand and of4cial'seal.
x�nnnnumnnmmtwmnnm+mnmrmnnwuumtneurruruvepennxnrw
OFFICIAL SEALA�
SUZANNE YANANIAN No ' c in and for said State
Notary Public• California =
Principal office in s
Eos Angeles County
My Commission Expires July 16, 1977 s
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COMMISSIONERS
71
O
S
1
ROL LL
May 18, 1978
83-523661
MINUTES
1. That the proposal would be detrimental to
persons, property and improvements in the
neighborhood, and that the applicant's
quest would not be consistent with the
lege tive intent of Title 20 of the
Newport B -e -a Municipal Code.
2. That the proposed dev ment would set a
precedent for continuance 'ef�ther similar
setback encroachments in the nein rhood.
3. That approval of the Modification would
perpetuate an existing nonconforming use.
INDEX
Item #5
USE
Request to amend a previously approved use
permit that permitted the establishment of a
PERMIT
take-out and outdoor restaurant facility with
W1777
on -sale beer and wine on the property so as to
change the required closing time from 5:00 p.m.
APPROVED
to 11:00 p.m., and the acceptance of an
CC TN
environmental document. The proposed development
. TIONALLY
also includes the addition of tables and seats
in the patio area and in an existing commercial
building where a maximum of four tables and
sixteen seats were originally permitted, and the
acceptance of an offsite parking agreement for
a portion of the required parking spaces.
Location: Lot 4 and a portion of Lot 5,
Block L, Tract No. 323, located
at 2640 East Coast Highway, on
the northeasterly side of East
Coast Highway between Dahlia
Avenue and Fernleaf Avenue in
Corona del Mar.
Zone: C-1
Applicant: Pilar Wayne, Corona del Mar
Owner: Craig Richter, Laguna Beach
Public hearing was opened in connection with
this item and Pilar Wayne, Applicant, appeared
before the Planning Commission and concurred
with the conditions of approval as set forth
in the staff report.
Page 12
COMMISSIONERS
POLL CALL
Motion X
Ayes X X X Ix Absent Ix
63_.-,523661
0""ity of Newport •
May 18, 1978
MINUTES
Ron Hagen, 7132 Fernleaf, owner of the property
directly behind the parking lot and also
partner of Ms. Wayne, appeared before the
Planning Commission to review the proposal.
He commented that the courtyard area has been
landscaped to a very desirable atmosphere that
he feels is compatible with Corona del Mar and
Newport Beach.
There being no others desiring to appear and
be heard, the public hearing was closed.
Motion was made that Planning Commission make
the following findings:
1. That the proposed use is consistent with
the Land Use Element of the General Plan
and is compatible with surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that they
do not contemplate any problems.
4. Adequate offstreet parking spaces are
being provided in conjunction with the
proposed remodeling and expansion of the
subject outdoor restaurant use.
5. The offstreet parking spaces for the expandec
restaurant on separate lots from the buildinc
site is justifiable for the following
reasons:
a. The off-site lots adjoin the restaurant
site and will be easily accessible.
b. The proposed development will not
create undue traffic hazards in the
adjoining area.
c. The applicant has been authorized to
utilize the ten offsite parking spaces
at 2700 East Coast Highway for at least
three years. The one offsite parking
space located to the rear of the beauty
parlor in the Fernleaf Courtyard is
owned by the same property owner of
the adjoining restaurant site.
Page 13
INCOEx
COMM1SISIONERS
71
T
p
MOLL CAI
.L
17
_Y of Newport Beach
MINUTE
May 18, 1978
sr�o�.x
6. That the waiver of the development standards
as they pertain to on-site parking,
circulation, walls and landscaping, will
be of no further detriment to adjacent
properties inasmuch as the site has been
developed and the structures have been in
existence for many years.
7. The approval of Use Permit No. 1772 (Amended)
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 or improvements in the neighborhoo,
or the general welfare of the City.
and approve Use Permit No. 1772 (Amended)
subject to the following conditions of approval:
1. That development shall be in substantial
conformance with the approved plot plan and
floor plan.
2. That an off-site parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of 10 parking spaces shall be
provided on Lots 4 and 6, Block 733, Corona
del Mar, during the evening hours, for at
least three years, and one parking space
located on Lot 5, Block L, Tract No. 323, at
all times.
3. That the restaurant facility shall not be open
for business prior to 11:00 a.m. or after
11:00 P.M.
I. That all new exterior lighting and signs
shall conform to Chapter 20.53 of the Newport
Beach Municipal Code.
That all mechanical equipment and trash areas
shall be screened from public streets, alleys,
or adjoining properties.
That this approval shall be for a
period
two years, and any extension shall besubject
to the approval of the Modifications
Committee.
That the development standards related to
Page 14
rb
CCMMISSICNERS
z
POLL CALL
3-523661.
City r
May 18, 1978
MINUTES
INOUX
circulation, walls, landscaping and a
portion of the parking requirements are
waived.
Item #6
Request to establish a restaurant facility
USE
with on -sale beer and wine in an existingERMIT
commercial building in the C -1-H District, and
f1866
the acceptance of an offstreet parking
agreement for a portion of the required offstreet
APPROVED
parking spaces.
N NDI-
TIONALLY
Location: Lot 13, Tract No. 1210, located
at 500 West Coast Highway, on
the northerly side of West Coast
Highway, across West Coast High-
way from Bayshores.
Zone:. C -1-H
i
A licant: Carina E. Arnett, Beverly Sheedy,
and Phillis McGill, Corona del Mar
Owner: Bob Taube, Newport Beach
Assistant Dire for - Planning Hewicker advised
that staff is s gesting that the Applicant
provide parking o the basis of one space for
each 40 square feet of net public area. If this
were to be accomplis d, it would involve either
the acquisition of two ff-site parking spaces,
or the reduction of the interior net public
area by approximately 80 uare feet.
Mr. Hewicker advised that t e Planning Commission
has the right to alter this p rking requirement
to provide a maximum of one sp e per 30 square
feet of net public area or a min' um of one
space per 50 square feet of net pu lic area.
Public hearing was opened in connectio with
this item and Carina Arnett, Applicant, ppeared
before the Planning Commission and stated that
it would not be a problem to reduce the in rior
net public area by 80 square feet.
There being no others desiring to appear and
be heard, the public hearing was closed.
Page 15
November 1, 1983
! ! -0 - D033
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
Enclosed for recordation is the executed and notorized original Off -Site
Parking Agreement between the City of Newport Beach and Charles W. Masters
for The Fernleaf Caffe located at 2640 East Coast Highway in Newport Beach.
Said Agreement was approved by the City Council on June 12, 1978 by the
adoption of Resolution No. 9375.
Please record and return to us.
Sincerely,
dL"� g• W/
Wanda E. Andersen
City Clerk
WEA:lr
Enclosure (1)
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
04
JUN T 2 1978
n., the CITY CC/ '
RESOLUTION NO. 9375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERIC TO EXECUTE AN OFF -SITE PARKING
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND PILAR WAYNE IN CONNECTION WITH USE PERMIT
NO. 1772 (AMENDED)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain off -site parking agreement
between the City of Newport Beach and Pilar Wayne in connection
with Use Permit No. 1772 (amended); and
WHEREAS, the City Council has reviewed the terms and
conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 12th day of June
ATTEST:
City Clerk
1978.
DDO /kb
6/5/78
LEASE
THIS LEASE is executed at Corona del Mar, California, this m day of
June, 1978 between CHARLES W. MASTERS, Lessor and PILLAR WAYNE, Lessee.
THE PARTIES AGREE AS FOLLOWS:
1. DEMISED PREMISES - Lessor leases to Lessee and Lessee hires from
Lessor upon the terms and conditions hereinafter set forth, those certain prem-
ises located in the City of Corona del Mar, California, more particularly
described as follows:
Ten parking spaces of the private no fee parking lot
for the Fernleaf Building, 2700 E. Coast Highway
Lessor does not guarantee to Lessee the freedom of the demised premises from
unauthorized use by persons who are neither customers or invitees of Lessee.
In no case shall the designated spaces for the MEDI -RX PHARMACY be used.
2. TERM - The term of this lease shall be for a period of three (3)
years, no months and no days, commencing on the 1st day of July 1978 and ter-
minating on the 30th day of June 1981.
3. OCCUPANCY OF PREMISES - Lessee shall use the demised premises for
parking for the FERNLEAF CAFE from the hours of 7:00 p.m. to 2:00 a.m. seven
nights per week.
4. RENT - Lessee shall pay to Lessor without deduction or offset, prior
notice or demand, ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) per month payable
in advance on the first day of each month, commencing July 1, 1978 and contin-
uing through June 30, 1979; thereafter on the anniversary date of each year of
the term, rent will be adjusted to reflect increased cost of living as reflected
by the April Consumer Price Index (U) of the anniversary year as compared to the
April Consumer Price Index (U) of the preceding year; however, in no case shall
the rent be less than $125.00 per month.
5. SECURITY DEPOSIT - As a material part of the consideration of this
Lease, Lessee shall deposit with Lessee upon execution and delivery of the lease,
ONE HUNDRED TWENTY FIVE DOLLARS ($125.00) as security for the payment of the
rent reserved. Upon condition that Lessee shall have performed fully all of the
terms, conditions and covenants to be performed by Lessee hereunder, Lessor shall
return to Lessee said sum herewith deposited, without interest, upon the
termination of this Lease.
I .
6. MAINTENANCE AND REPAIR - The premises and every part thereof, are
at the date hereof in good order, condition and repair. Policing of the parking
lot shall be a mutual responsibility and the parties jointly agree to use their
best efforts to maintain the lot in good order and repair. In addition to the
rent, Lessee shall pay to Lessor one fourth (aa) of the cost of re- surfacing or
re- striping the parking lot occasioned by normal use of the demised premises
upon presentation of itemized billing from Lessor. Lessor reserves the right to
change the parking lot layout from time to time.
7. EXCESS TAXES - In addition to all other amounts herein specified, Lessee
shall pay to Lessor on the 15th day of November of each year of the term hereof,
commencing on the 15th day of November 1978, twenty five per cent (25 %) of in-
creased taxes with respect to taxes for fiscal year 1977 -78. Lessee shall have
the right to inspect the bills for the taxes in question. Pro - ration of said pay-
ments by Lessee shall be made when necessary for the first and last years of the
lease term.
B. INSURANCE - Lessee at his sole cost and expense, but for the joint
benefit of Lessor and Lessee, shall procure and maintain in full force and effect
during the term hereof the following insurance coverages in companies satisfactory
to Lessor, and at all times shall keep Lessor supplied with certificates showing
such insurance to be in full force and effect: (a) Public liability insurance
with limits of not less than.$100,000 in respect to injury or death to a single
person and not less than $300,000 in respect to any one accident and with limits
not less than $100,000 for property damage. If any act on the part of Lessee or
use of the premises by Lessee shall cause directly or indirectly any increase of
Lessor's insurance expense, said additional expense shall be paid by Lessee to
Lessor upon demand.
9. ASSIGNMENT, SUBLETTING, ETC. - Lessee shall not assign this lease nor
any interest therein and shall not sublet the demised premises or any portion
thereof or any right or privilege appurtenant thereto, or suffer any other person
to use the demised premises or any portion thereof, without the prior written
consent of Lessor.
10. OPTION - Upon notification by written notice from Lessor that these
parking spaces are for lease, Lessee shall have the option of extending the
term of the lease for a period of two years, commencing July 1, 1981 and ending
June 30, 1983, under the same terms and conditions, except that the rent shall
be increased to a comparable rate for similar properties but in no case shall
the rent be less than the rent specified for the last period of the original
lease. This option must be exercised in writing by Lessee within five (5) days
from notification of availability.
EXECUTED THE DAY, YEAR AND PLACE FIRST ABOVE WRITTEN BY:
,j CHARLES W. MASTERS, Lessor
RECORDING REOU% -ED BY
1.59
�',
AND WHEN RECORDED MAIL TO S300
NAM[ Mr. and Mrs. George R. Riche
ADORIs' 5308 Seashore
CI *Y& Newport Beach, California
STATE L
92660 J
MAIL TAX STATEMENTS TO
NAM[
ADDRESS
Same as Above
C^TY i
cauioaM!� ! F i� f j I DOCUM�rX der-
-
- i.2., = S 7��=
FN + I- _
o loess . _. ,
k
p\%i
c
f`n
C. ' DK I Q$31 PC
RECORDED 7ATREQUEST OF
SECURICO,
IN OFFICI:p� OF ORANGE , CALIF.
8:00AM AUG, 2 1973
J. WYLIE CARLYLE. County Recorder
SPACE ABOVE THIS LINE FOR RECORDER'S USE
139
Documentary transfer lax $... ...95...70..._. - -- .-- _ - -...
4;� Computed on full %aloe of property conveyed, or
-[7 C puled th full value ]!A-,s !ie S encumbruncek`��/""
9,gnature wining therear t ti Vol .. ,�
of declarant or agent de[erminm tax -firm name �7
❑Unincorporated areaFCity of..rryu,rl�.�rF -.tcse
Grant Deed
ED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ANN BRIDGE SMITH
hereby GRANT(S) to GEORGE R. RICHTER and BETTY JANE RICHTER,
husband and wife
the following described real property in the City Of Newport Beach
county of Orange , of California:
All of Lot 4 in Block L of ract No. 323, in the City of Newport Beach,
as shown on a map recorded in book 14, pages 40 and 41 of Miscellaneous
Maps, records of Orange County, California, and that portion of Lot 5
in Block L of said Tract 323, described as follows:
Beginning at the Northwesterly corner of said Lot 5 and thence South-
easterly along Southwesterly line of said Lot 5 and the Northeasterly
line of Coast Boulevard a distance of 31.20 feet; thence North 740 36'
East to a point in the Southeasterly line of said Lot 5; thence North
390 381 East along said Southeasterly line to the most Easterly corner
of said Lot 5; thence North 500 22' West along the Northeasterly line
said Lot 5 to the most Northerly corner thereof; thence South 740 361
West along the Northwesterly line of said Lot 5, 133.30 feet to the
point of beginning.
July 23, 1973
STATE OF CALIFORNIA
COUNrY Op _ ORANGE _ SS.
On— ..._. —._. July 31 ..19773 _before me, the under
signed, a Notary Public in and for said County and State, personally
appeared_— —
FOR NOTARY SEAL OR STAMP
_..._ 2 -vmith
— — —�
—._.. —_. ,known to me
to be the /person --- os, e me_ _subscribed to the within OFFICIAL SEAL
instrumeJrt ani+ ark ate__Shg__executed the same. ��1��n LYNN W. P I Y
/U - i / / — - ,NOTARY P °U li ORNIA
-� -.— ORANGE CGU >: rY i
Ignature of 71
• My Commission Expires June 9, 1975
Lynn etty ........................ ..............................i
' --
Nano, yped or Printed) of Notary
Title Order \o. _ -- ___f•scrow No.__________.__ _ ___.
.R =_v. -57; 8 Pt. MAIL TAX STATEMENTS AS DIRECTED ABOVE
ANNL
444
STATE OF CALIFORNIA
COUNrY Op _ ORANGE _ SS.
On— ..._. —._. July 31 ..19773 _before me, the under
signed, a Notary Public in and for said County and State, personally
appeared_— —
FOR NOTARY SEAL OR STAMP
_..._ 2 -vmith
— — —�
—._.. —_. ,known to me
to be the /person --- os, e me_ _subscribed to the within OFFICIAL SEAL
instrumeJrt ani+ ark ate__Shg__executed the same. ��1��n LYNN W. P I Y
/U - i / / — - ,NOTARY P °U li ORNIA
-� -.— ORANGE CGU >: rY i
Ignature of 71
• My Commission Expires June 9, 1975
Lynn etty ........................ ..............................i
' --
Nano, yped or Printed) of Notary
Title Order \o. _ -- ___f•scrow No.__________.__ _ ___.
.R =_v. -57; 8 Pt. MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQL( 'ED BY 1
592 ' Dx Z 0831 FG 140
RECORDED AT REQUEST OF.
SECURITY TITLE ID1S. CD.
IN OFFICIAL RECORD$ OF
AND WHEN RECORDED MAIL TO $3.00 ORANGE COUNTY, CALIF.
NAME Mr. & Mrs. George R. Richter .D $'�A't'I nUS 2 ;�7�
ADDRESS 5308 Seashore 1. Nf.R(E CARLYLE Co!I q_- .�
' y
CITY a Newport Beach, California -- ----__
STATE
92660
SPACE ABOVE THIS LINE FOR RECORDER'S U5E
MAIL TAX STATEMENTS TO
FDocumentary transfer tax $ ------ 5.70_......................
NAME )n Computed on full value of property conveyed, or
ADDRESS ❑Computed on full value l�"]' li 3 mbrane' %ry= –C•-e3
Same as AbOVe maned there n t m a J I I ? Ii.� DOCUME�TNRY _...._..r agent determining t firm CALIF08RIA TAX Signature of declarant or agent determining tax -firm namP_
3C _ ❑ Unincorporated area 29 City of 14?, r°d-J'
_ ea. 95.70 �
o roars ' v _:.. 7 1 '
`Grant Deed
L -1 • •THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
WALTER M. TATUM, JR. and ESTHER B. TATUM, husband and wife, as
joint tenants
lhereby GRANT(S) to
�} GEORGE R. RICHTER and BETTY JANE RICHTER, husband and wife
�2.
the following described real property in the
(I.1 county of Orange , state of California:
/r 1: All of Lot 4 in Block L of Tract No. 323, in the City of
t Beach, as s-bown on a map recorded in book 14, pages 40 and 41
cellaneous Maps, records of Orange County, California, and that
n of Lot 5 in Block L of said Tract 323, described as follows:
R K- Beginning at the Northwesterly corner of said Lot 5 and thence South-
easterly along the Southwesterly line of said Lot 5 and the North-
easterly line of Coast Boulevard a distance of 31.20 feet; thence North
740 36' East to a point in the Southeasterly line of said Lot 5; thence
North 390 381 East along said Southeasterly line to the most Easterly
corner.of said Lot 5; thence North 500 22' West along the Northeasterly
line of said Lot 5 to the most Northerly corner thereof; thence South
741 36' West along the Northwesterly line of said Lot 5, 133.30 feet
to t int of beginning PARCEL 2: Lots 11 and 13 in Block 732 of the
orona de Mar the city of Newport Beach, as shown a map
ecorded in book 3, pages 41 and 42 of iscelldn ous Ma s, r�rd of
*,, V Orange County. i �
Dated. July 23. 1973 "z, -ti. ��
WA,LTER..M. TATUM, JR.
STATE OF CALIFORNIA
COUNTY OF— .ORANGE I SS
On Jul.y_23 I 7_m -�_ 3 _...__before me, the under
signed, a Notary Public in and for said County and State, personally
appeared_ e l._tar_M _-Tatum. Tr_ and - -_
_---- Esther_ B —Tatum --
known to me
to be the perso: `-+' .whose names are:ubscrlbed tnthewithin
instrument and ar U nowledged the .executed the same.
Signature of Notary
Dale H. Heinly
Naar (Typed or Printed) of Notar7
Title Order \o.____ ...._ ____.__-- Escrow No
B. TATUM
FOR NOTARY SEAL OR STAMP
, n: u:. vcnnnnun;.:: v: w:: mm�nrt'.,,, n:,•^:: nv::: :::,:n::::::r .::..:.:.::.....::
CFFIL . D L
^IO D "1 E d HEI Ll
= U Y
My Commission £xp es S. 1575 '
L -1 (G.S.) (Rev. 5 .5 ?) 8 pt. MAIL TAX STATEMENTS AS OIRZCTEO ABOVE
RECORDING REO Ik rED BY
0
AND WHEN RECORDED MAIL TO
NAME �Mr• & Mrs. George R. Richter
ADDRESS 5308 Seashore
C,,,. Newport Beach, California
STATE L 92660-1
MAIL TAX STATEMENTS TO
F
NAME
ADDRESS Same
asj �jAbove
1 I j DOCLiNIEN iAr RY
czuf ;5t I i ' TAXI
- ?' l� -- a 5. 7001
-
Pa
( BY 10831 Pc 141
RECORDED AT REQI
$3.00 SECURITY TITLEI'iS
IN OFFICIAL E; �'CO
ORANGE COUNTY,
8:0010A AUG 2 197
J. WYLIE CARIYLE, Ccen'y
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary transfer tax S_ ... 95.70
Computed on full value of property conveyed, or
4Dorn.,,,utjed on full value ess liens & encumbrances
ning there n at
Signature of declarant or agent determining tax firm name
❑ Unincorporated areafv3City ofe.Gipr..
`Grant Deed psi- loz -s6 Y
L -I THIS FORM FURN ISN ED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOE W. MOORE, JR. and MARGARET MILLINGS MOORE, husband and wife
as joint tenants
hereby GRANT(S) to
GEORGE R. RICHTER and BETTY JANE RICHTER, husband and wife
k, the following described real property in the
county of Orange state of California:
f3
Parcel 1: All of Lot 4 in Block L of Tract No. 323, in the City of
Newport Beach, as shown on a map recorded in book 14, pages 40 and 41
of Miscellaneous Maps, records of Orange County, California, and that
portion of Lot 5 in Block L of said Tract 323, described as follows:
Beginning at the Northwesterly corner of said Lot 5 and thence South-
easterly along the Southwesterly line of said Lot 5 and the North-
easterly line of Coast Boulevard a distance of 31.20 feet; thence North
740 361 East to a point in the Southeasterly line of said Lot 5; thence
North 390 38' East along said Southeasterly line to the most Easterly
corner of said Lot 5; thence North 500 22' West along the Northeasterly
line of said Lot 5 to the most Northerly corner thereof; thence South
740 36' West along the Northwesterly line of said Lot 5, 133.30 feet
to the point of beginning.
Dated_— Itt1y 9._ 3. 1971 _!
STATE OF (.gLIFORNIA
COUNTY OF_.__— GRANGE J SS.
Jul y 30, 1973 before me, the under
signed, a Notary Public in and for said County and State, personally
to be the
5 nature of f
Lvnd W. Pet
N ;:,u, (Typed or
1 of Notary
JO W. MO RE, JR.
MARGA T MILLINGS ORE
FOR NOTARY SEAL OR STAMP
re__
known to me
I to the within................................. . ............ .. .......
...
sl the same. /:° OFr1(_ –W. SEA!
\\ LYNN
�:a, 1;0[ARY PU;;1.1 ^..rv.;'sY'i ;.; i
my Comm;ssioa Expires Jvne r.', 16
I Title Order \o._ _�_____ Escrow \o. _ —,_.
L -I (G.S ) ( ? =_v. 5 _7; 8 Pt.
MAIL. TAX STATEMENTS AS DIRECTED ABOVE