Loading...
HomeMy WebLinkAboutC-2227 - La Strada Restaurant Off-Street Parking Agreement; Amended 2/22/82, Reso 9927Govemment C0ft 6109 EXEMPT RECORDING REQUESTED BY AND C WHEN RECORDED RETURN TO: RECORDED IN' OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA City Clerk -42P PM AN 1x+'83 CITY OF NEWPORT BEACH 3300 Newport Boulevard L ecoer Newport Beach, California 92663 LEE A. BRANCIHi, County Recorder Space above this line for Recorder's Use Only 1\1 OFF-SITE PARKING AGREEMENT 'C ITY O ' --,',A NEWPORT BEACH, CARMELO MANTO ip CALIF D/B/A LA STRADA RESTAURANT JUL JUL 7 1983w 3520 E. Coast Highway REC Corona del Mar, California REEIM CITY CLEPIK THIS AGREEMENT, made and entered into this day of 1983 by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City, hereinafter referred to as "City'll and CARMELO MANTO, d/b/a LA STRADA RESTAURANT "Lessee" and FIRST INTERSTATE BANK AS TRUSTEE FOR LOLA BERNICE BALTZ "Owner" Parking Lot No. 1 409 Orchid Avenue Corona del Mar, California and and HERTA BACKLUND "Owner" Parking Lot No. 2 3536 East Coast Highway Corona del Mar, California (Hereinafter collectively referred to as "Owners")o is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: 83-252488 I. Owners own certain real property located as follows: Lot No. 1 - 411 Orchid Avenue, Corona del Mar, Ca., and Lot No. 2 - 3536 East Coast Highway, Corona del Mar, Ca., County of Orange, State of California, which real properties are more particularly described as follows: Lot No. 1: Lots Nos. 1, 3 and the south- westerly 15 feet of Lot 5, Block 441, Corona del Mar Tract; and Lot No. 2: Lots Nos. 4 and 5, Block 4, Tract No. 323 hereinafter referred to as "the Properties"; and II. Lessee operates a restaurant known as the LA STRADA Restaurant on property located at 3520 East Coast Highway. Pro- visions of the Newport Beach Municipal Code require persons con- ducting a resjaurant to provide parking spaces for their customers; and III. Lessee has applied to City for a Use Permit, has done so because Lessee proposes to increase the hours of opera- tion of said restaurant facility, and the changes proposed by Lessee are such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into written agreements with Owners, which agreements grant to Lessee the exclusive right to use twenty-nine (29) automobile parking spaces on Off-site Parking area No. 1 each for day and night use and fourteen (14) automobile parking spaces on Off-site parking area No. 2 for night use only. Copies of the written agreements are attached hereto and collectively marked Exhibit "A". Fa 83---252488 V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of the Use Permit, No. 1908 (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 VI. 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, these Agreements 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 Agreements (Exhibit "A"), pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of either of these written agreements constitutes a breach of these agreements. The duties of Lessee pursuant to this para- graph shall continue for such time as the Lessee operates a res- taurant located at 3520 East Coast Highway, and with the characteristics, and intensity of use, authorized by the Lease and any previous approvals granted by City. 2. In the event that the use of any of the off-street automobile parking spaces provided for in either of these Lease Agreements (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the followings 3 83-252488 (a) Alter the characteristics of, or reduce the capacity of, the restaurant located at 3520 East Coast Highway, Corona del Mar, that the automobile parking spaces 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 parking spaces required by this Agreement and shall further obtain the recommendations and appro- vals of such agreement, by the Planning Commission and/or City Council of the City of Newport Beach, as are required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all times the restaurant is open for business, provide a sufficient number of parking attendants to ensure that the off-street parking spaces are utilized for the purposes intended. 4 83-252488 4. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission and City Council of the City of Newport Beach in conjunction with the approval of the Use Permit No. 1908 (as amended). The minutes of the Planning Commission and/or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "B", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to the expira- tion of either of the Lease Agreements, (Exhibit "A") provide a new or amended lease agreement which grants the use of at least the same number of parking spaces required by this Agreement and contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A"). 6. This Agreement shall run with the property for the term of the Lease (Exhibit "A"), shall terminate October 31, 1998, shall bind the heirs, successors -in -interest, transferees, vendees, and/or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. 5 83-..252488 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. "CITY" CITY OF NEWPORT BEACH, - fffs 7/A APPROVED AS TO FORM P City Attorney FIRST INTERSTATE BANK AS TRUSTEE FOR LOLA BERNICE BALTZ "Owner" Parking Lot No. 1 409 Orchid Avenue Corona del Mar, Ca ifornia a By: and HERTA BACKLUND "Owner" Parking Lot No. 2 3536 East Coast Highway Corona del Mar, California B4 - A5F-LaStrada "LESSEE" CARMELO MANTO d/b/a LA-``STRADA RESTAURANT Byes A STATE OF CALIFORNI- } 83--252488 ss COUNTY OF ORANGE ) On Y �, 1983, before me, the undersigned, aiNotary Public in and for said State, personally appeared 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 acknolwedged to me that the City of Newport Beach executed the within instrument pursuant to a resolution of its City Council. SEAL WITNESS my hand and official seal. DO z0I'HY L. KAL.EN NOTARY PUBLIC • CALIF(]IMA ' PRINCIPAL OFFICE IN ORANGE COUNTY' - Ply Commission Expires April 5, 1985 STATE OF CALIFORNIA ss COUNTY OF ORANGE L _-Z I a261a&1-__j Notary Pub is On 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared Carmelo Manto whose name is subscribed to the within instrument and acknowledged that -,she executed the same. SEAL Witness my hand and official seal. STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) art Public On April 29 o , 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared Herta Backlund whose name is subscribed to the within instrument and acknowledged that she executed the same. Witness my hand and official seal. Fit�� O FICIAL SEAL 0y kr:i � � iuCT< R ( t13' 4C CALltt)f rya •' (��y..• Fh1i1GIF. L SEAL ��`` ""' Notary P lic ��r� iffy commission'Exp. Ouc.J t" Cindy �i-e9son STATE OF CALIFORNIA ss COUNTY OFXMRMX ) LOS ANGELES On AAnril 12 , 1983, before me, the undersigned. a Notary Public in and for said State, personally appeared' Darlene A. hii 7 i F r as - - Vice President of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknolwedged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL 4i~i'.L IROZZIE M,BUTTON Public" "i NOTARY NBUC CALIF011111§ PRINCIFAL 0FRCE IN -/;,- � ORANGE C011idlY "?x>� My Commission UP. Oct. 17, 1936 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) art Public On April 29 o , 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared Herta Backlund whose name is subscribed to the within instrument and acknowledged that she executed the same. Witness my hand and official seal. Fit�� O FICIAL SEAL 0y kr:i � � iuCT< R ( t13' 4C CALltt)f rya •' (��y..• Fh1i1GIF. L SEAL ��`` ""' Notary P lic ��r� iffy commission'Exp. Ouc.J t" Cindy �i-e9son STATE OF CALIFORNIA ss COUNTY OFXMRMX ) LOS ANGELES On AAnril 12 , 1983, before me, the undersigned. a Notary Public in and for said State, personally appeared' Darlene A. hii 7 i F r as - - Vice President of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknolwedged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and official seal. SEAL IROZZIE M,BUTTON Public" SEAL I hOFFICIAL ublicSEAL 1\10 ARY PUBLIC—CALIFOPNIA r i U,"r\A ri Rozz1e M. ButtonLVT,tRA Coit€q'ry CCSdk M1,s1c6 Expir,, E'40 ' � 7r 83-252488 1. ;PAR 'PHIS LEASE executed in duplicate at Santa Ana California on this First dayof 1g between TTnz e a x orna_a o e y as Trustee of ,.Hff nk a corporation organized under the laws of the State of California -Tri, s t N o 4-2 1 - llO 7 5 - 00 as Lessor and Carmelo Man t o_ as Lessee. 2. PREMISES--1'hat for and in consideration of the payment of rent and the performance of the covenants herein contained on the part of the Lessee, the Lessor does hereby lease unto the Lessee those certain premises in the City of _'Newport Beach County of Orange state of California, described as follows: PARCEL 1: 3520 E. Coast Hwy. Corona del Mar, California PARCEL 2: 411 Orchid Ave. Corona del Mar, California LEGAL DESCRIPTIONS: PARCEL l: Lot 3 and the Southeasterly one-half of Lot 2 in Block "U" of Tract 323, as shown on a map recorded in Book 14 pages 40 and 41 of Miscellaneous Maps, records of Orange County. r PARCEL 2: Lots 1, 3 and 5 in Block 441, of Corona del Mar, Newport Beach, Orange County in Book 3 pages 41 and 42 of Miscellaneous Maps, records of said county. EXCEPTING therefrom the Northeasterly one-half of said Lot 5. subject to all present or future mortgages or deeds of trust affecting said premises. 3. TERM—This Iease shall be for a term of twenty years commencing on the First _day 1=�1i`r�y- November 19 7$ and ming o the f irs t _d of ��c t_o__b_er 19 ee aragra— p o 8, Schedule A i ttaNied hereto ani—made a art hereof., 4. USE—The said premises shall be used for related and compatible uses to _ C in Corona del Mari California --Restaurant and for no other purposes, it being particularly understood and agreed that the Lessee will not do or permit others to do anything which would constitute a violation of any conditions or restrictions of record affecting said premises. - S. 1tI;FANTAL—The Lessee agrees to pay to the Lessor as rental for the premises the sum of Seven Hundred Twenty Thousand & 00_LW%rs ($7__2_0_,__000) Mawful money of the United States in monthly instalments of Three Thousand &00/100,joll. ($3000 - 04 payable in advance on the 1s t day of each and every calendar month during the twenty year lease ------------------------------------ term See Paragraph No. 39, Schedule "A" See Paragraph No. 40, Schedule "A" and the Lessee agrees to pay all rents to the Lessor at its 'Santa Ana office now located at -101.-K— Ma in Street. Santa Ana. California or at such other place that the Lessor may designate. 6. UTH ITNES---The Lessee shall pay before delinquency all water rates, rents or charges, all electric, gas or other light- ing or heating charges and each and every utility charge, lion or expense accruing or payable hereafter in connection with the said premises. 7. ]PERFORMANCE BY ]LESSEE—It is further expressly understood and agreed that each and all of the provisions of this lease are conditions to be faithfully and fully performed and observed by the said Lessee to entitle Lessee to continue in possession of said premises hereunder and that if any default be made either in the payment of rent or in observance, payment or performance of any of the provisions, terms or conditions hereof then at the option of the Lessor, the Lessee shill be deemed to have forfeited all rights berein and this lease shall at once terminate and be at an end and the lessor, its successors or assigns, may thereupon immediately re-enter and take possession of saidppremises and the whole thereof and remove all persons therefrom without giving any notice whatever to the said Lessee. It is hereby agreed that if this lease shall be terminated by the Lessor by reason of any breach thereof by the Lessee, the Lessor shall thereupon be entitled to recover from the Lessee the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in the lease for the remainder of the term over the then reasonable rental value of the premises for the remainder of the said term. it is further agreed that the rights of the Lessor under this paragraph shall be cumulative to all other rights or remedies now or hereafter given to the Lessor by law or the terms of this lease Ei. ASSIGNMENT AND SUBLETTING—The Lessee shalt not assign this lease or any interest therein and shall not sublet the said premises or any part thereof or any right or privilege appurtenant thereto or suffer any other person (agents or employees of the Lessee excepted) to occupy or use the said premises or any portion thereof, without the written consent of the Lessor first had and obtained. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by any other person. Any such assignment or subletting without such consent shall be void and shall, at the option of the Lessor, terminate this lease. This lease shall not be, nor shall any interest therein be assignable as to the interest of lessee, by operation of law, without the written consent of the Lessor. Lessor will not unreasonably with- hold approval and consent of any such assignment. See Paragraph 47. 9. HOLDOVER—If after the expiration of the terra of this lease or any extensions or renewals thereof the Le -see: (is -aaT io-ao H» 9i `e« TYPING OR PRINTING TMS i't .'1W WHEN .eR RECEIVED, ^e' shall hold over with the consent of the Lessor, the tenancy shall be one from month to month only at the highest monthly rental theretofore paid but in all other respects subject to the te:rins and conditions hereof. 10. WAIVER --The waiver by either the Lessor or the Lessee of any of the covenants of this lease shall not be deemed a waiver of the rights of either the Lessor or the Lessee to enforr;e: the same or any other covenant herein. The rights and remedies given to the Lessor and the Lessee hereunder shall be. ala addition to and not in lieu of any right or remedy provided by law. 11.. NOTICES—Whenever the delivery or service of a notice from one party to the other as herein provided shall bexirme necessary or convenient by virtue of any of the provisions hereof, such service may be made by personal delivery or at the option of the serving party in the following manner: Upon the Lessor, (,,'`rt��e returxt receip 2njr,5jftQ Ste by mailing such notice by 1 i to the. impar went office of the LO Q N. Main St. Lessinr in the City ofSanta Ana , State of California or such other place as the Lessor may desig- nate wi the Lessee in writing. Upon the Lessee, by leaving of a notice addressed to the Lessee at the demised premises in the City of Newl?ort Beachcertified mail re urn receipt requested_State of California or the mailing such notice byJxqWxDmatko the same address. Unless personal service is made the service shall be deemed complete from the time that the respective notices have been left or mailed. 12. ATTORNEY FEES—In the event any action or proceeding brought by either the Lessor or the Lessee under this lease, the prevailing -party in such action shall be entitled to cover costs therein and such amount as a court of competent jurisdiction may judge reasonable as attorney fees. 13. INDEMNMCATION OF LESSOR ---The Lessee, as a material part of the consideration to be rendered Lessor, hereby waives all claims against Lessor for damages to goods, wares and merchandise and all other personal property in, upon, or about said premises and for injuries to persons in or about said premises from any cause at any time and Lessee shall hold Lessor exempt and harmless from any damages or injuries to any person or to the goods, wares and merchan- dise and all other personal property of any person, arising from the uses of the premises by Lessee or from the failure of Lessi-e to keep the premises in good condition and repairs as herein provided. 14. EXCULPATION—It is understood that the Lessor is executing this lease in its fiduciary capacity and Lessor in its individual corporate capacity is not and shall not be liable, directly or indirectly, under or by execution of this Iease. The rights and claims of Lessee shall be..limited exclusively to such rights that Lessee may have against the trust estate repre- sented herein by the Lessor. 15. DEFINITION OF TERMS --The term "Lessee" herein shall be construed as singular or plural accordingly as one or more persons execute the same as Lessee. The masculine shall be construed as feminine or neuter as the context may require and if more than one person executes this instrument as Lessee, their obligation hereunder shall be joint and several. 16. REPAIRS --The Lessee agrees that he..will at his own eagiense make all.repairs necessary to keep said premises and the appurtenances and every part thereof in the same good order and condition as they now are itlxdc 11t;�b�i�13t�k35lI;i�,3� including but not limited to interior and exterior painting and decorating and plumbing and electrical repairs. Such repairs shall include the replacement at Lessee's expense of all damaged plate glass, window glass and door glass. Lessee will also keep the streets and adjoining alleys and the whole of said premises and adjoining premises of Lessor in a clean and healthy condition according to the City Ordinances and as directed by the proper public officials during the terms of this lease and that at the end of the term or other expiration of this lease either by operation of law or for failure to comply with the provisions hereof or any of thein, will deliver and yield up said premises to the Lessor in like good condition and repair. The Lessor shall not be called upon to make any repairs or improvements whatsoever ori said premises or any part thereof or the appurtenances thereto nor be liable or accountable for any injury or damage that may result to persons or property by reason of any defect in the construction or condition of said premises on its appurtenances including all plumbing in, upon, about or iuider said premises or any present or future lack of repair thereof, whether such defects or lack of repair be known or unknown to either of the. parties hereto nor for any loss or damage that may be occasioned by storms, rains or leakage in the roofs or other portions of said -premises nor for any damage arising from any act or neglect of any co -tenant or other occupant of the same building or of any owner or occupant of adjacent or contiguous property. And it is further expressly agreed that if the said Lessee shall fail to make such repairs or shall in any manner fail to perform the covenants hereof, then the said Lessor may at its option (but this shall not be deemed to create any obligation upon the part of the Lessor so to do nor in any manner affect the obligation of the Lessee) enter upon the said premises and repair the same as in its judgment may be necessary and the costs and expenses of such repair shall become; due and payable by the Lessee on die first day of the succeeding month of the term and shall be included in the amount of rent to be then paid and if not so paid this lease may at the option of the Lessor, be terminated in the same manner as for nonpayment of rent. 17. ABANDONMENT --It is further expressly agreed that should said premises be abandoned by Lessee or be vacant at the time of the installments of rent, as herein provided to be paid, become due and payable and such rent remains unpaid for a period of five (5) days. Lessor may at its option and without notice to Lessee, re -rent said premises for and on the account of Lessee for the full remaining period of this lease or any shorter period and apply any and all moneys so received to the credit of said Lessee for rent due hereunder. No such taking possession or re -renting shall be con- strued as a termination of this lease or a release of said Lessee from any obligation contained herein especially from the obligation to pay the rental herein provided during the full term of this lease. 18. SECURITY DEPOSIT—It is agreed that the Lessee shall deposit with the Lessor in addition to the rent herein reserved. as security for faithful performance by the Lessee, the sum of $ 3000. 00 , receipt of which is hereby acknowledged by the Lessor. If the Lessee shall pay the rent herein reserved when the same becomes due here- under and shall well and truly perform and observe all of the covenants and agreements on his part to be performed and observed during the entire term of this lease and this lease shall not be terminated by the re-entry of .the Lessor as herein provided during this Iease term, then the Lessor will refund to the Lessee the said sum of $3000. 00 _without interest, provided that the Lessee surrenders the said premises to the Lessor in a good and clean condition as provided hereinbefore. In the event that the Lessor shall sell the real property upon which said premises are located, the Lesser shall transfer and deliver to the purchaser of said real property, the said security deposit and there- upon be discharged from any further liability with reference to said deposit. Ci'. R1:_C:C,'T–MONS--17he Lessee shall at his sole cost :ind ex.rensc v,, , mental authorities n,iw in force or %0iich may hereafter in fore- rrr- �.nil.', ;ani a.ali r.ltifiFlltlj :ll-CiyC !n tCl� LiSC Of the prc'm151'ti, all 13WS noW in force or wnich ai.iJ herein,;i;4r be in farce. The judazt�E* a any court of compa;tent jurisdiction or the admission of Lessee in any action or fir 7-iin�t t essee. -ht" he a party thereto of not, that Lessee h r .;olated any such law in the use of --252188 21..• ,t' �'l;I.11'TC1'--If any adju&-ation of banl•ruptcy or insolvency he rendered aua0nst the I °:ssct: of ii the bustmt .% or as5cts: of the Lessee should be appointed and not discharged wlt,,in tet, (10) days after appolf11,1tcs t I." ar, execution or attacntnent shall be levied upon the leasehold interest of the Lessee or upon the business conduc+c. t.: t, - dcrilked premises and shall not be released ten (10) days after the levy or if any sale or attempted sale of the 1C:,sch0;d interest hcrcby created shall be made under and by virtue of any execution or other judicial process or order, the Lessor shall have the right to immediately terminate this lease and no person, firm or corporation shall acquire any interest therein by virtue of said execution or oth r judicial process and no right sh ll h conferred to use, occupy or possess the demised premises by virtue thereof. All references to ten �10� days in this Paragraph (2(:` are changed to thirty (30) days. 21. COMPLETE AGREEMENT—It is expressly understood that this lease contains all the terms, covenants, warranties and agreements of the parties relating in any manner to the rental and use and occupancy of the leased premises and that no prior agreement or understanding pertaining to the same sttaD be valid and that the terms, covenants, conditions and provisions of this lease cannot be altered, changed, modified or added to except in writing signed by the parties hereto. 22. POSSESSION—It is agreed between the parties hereto as follows. If Lessor for any reason whatsoever cannot (lefiver possession of the said premises to Lessee at the commencement of the said term as provided herein, this lease shall not be void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting' therefrom but in that (:vent, there shall be a proportionate deduction of rent covering, the period between the commencement of the said term and the date when Lessor can deliver possession. 23. SURRENDER OF LEASE ---The voluntary or other surrender of this lease by Lessee shall at the option of the Lessor, terminate all or any existing subleases or subtenancies or may at the option of the Lessor, operate as an assignment to the Lessor of any or all such subleases or subtenancies. 24. FREE FROM LIENS—The Lessee shall keep the demised premises and the property in which the demised premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by the Lessee. The Lessor reserves the right of inspection of any such work being done both during the progress of the work and after the work has been completed. The Lessor also reserves the right of posting such notices as may be deemed necessary to protect itself and the demised premises against any liens which may be filed of record. 25. CONDITION OF PREMISES ---The Lessee covenants and agrees that he has examined and knows the condition of said premises and every part thereof and has received the same in good order and repair (unless herein otherwise specified) and that no statements or represen a ions as o e eo tor repair of -01d preffFises have been made by the Lessor or any person for the Lessor, prior to or contemporaneously with the execution of this lease. See Para rapph No. 41 Schedule 26. USES PHI$ITED—The Lessee shall not keep on said premises any gasoline, distillate or any kind of petro- leum product or combustible substance for use for heating, lighting or other purposes nor allow said premises to be used for any purpose other than that herein specified nor allow the said premises or any part thereof to be used as living queers by any person and will not use nor allow o e use an a stree s st ewa s a�dloming sa►�pr mmises or e s e o g s carrying on of any business. Lessee will not permit said premises to be used for any unlawful pur- pose that will or a ll injure the reputation of the same or of the building of which they are a part, except by written consent of the Lessor. Any alterations or additions to said premises which may be permitted shall remain for the benefit of the Lessor unless otherwise agreed by the Lessor. See Paragra ph No. 42 Schedule "A" 27. FOR SAf OR FOR R 9Y SIGNS—The Lessor reserves to itself the right exterior of the said premises a "For Sale" or a "For Rent" signnine to Post in a conspicuous puce on the of this lease.ninety (90) days prior to the expiration of the terms 28. ALTERATIONS—If during the term hereof any alterations, additions or improvements as distinguished from repairs or renewals shall be required in or to the demised premises or theequipment thereof by any laws, ordinances or regu- Iations the same shall be done by and the expense borne a B by the Lessee. (a) .If such alterations, additions..or improvements are required solely because of the particular use..to which the Lessee puts the said premises, then such alterations, additions or improvements shall be made at the Lessee's own cost but under the supervision of.the.Lessor. (b) -In all other cases Lessor shall..make.such alterations or improvements at -its .own expense and from the time same are completed the Lessee agrees to pay as additional rent for said premises during the remainder of the term of this lease one percent (1%) per month of the total cost of such alterations, additions or improvements. See Paragraph No. 43 & 43.1, Schedule "A" 29. DFSTRUITION OF PRF.Tyr SES If the building in which the demised premises are situated is destroyed by fire, earthquake or any other.,caus,e.:or is partially destroyed, so as to render the premises hereby leased wholly unfit for occupancy or if the demised premises shall be so badly injured that they cannot be repaired within one hundred twenty (120) days after the happening of the injury, then this lease shall cease and become null and void from the date Of such damage and destruction and Lessee shall at once surrender the said premises and all interest therein to the Lessor and shall not be liable for any payments of rental thereafter accruing. If the partial destruction due to such fire or the elements..be not of sufficient magnitude to terminate this lease as aforesaid, then the Lessor .may re --enter and repossess such portion of said premises as may be required to make the necessary repairs and if said premises shall be repairable within one hundred twenty (120) days from the happening of said injury, a proper allowance upon the rent of said premises shall be made in view of the time consumed in making said repairs but it is expressly understood and agreed that the Lessee shall in no case be entitled to compensation or damages on account of any inconvenience or annoyance in making said repairs or on account of such destruction on account of fire, earthquake or action of the elements and no allowance or deduction from the rent herein provided for shall be made for any partial destruction of said premises Which does not prevent the Lessee from carrying on business as usual. 30. ENTRY BY LESSOR—The right is reserved to the Lessor, its agents or workmen to enter at any and all times Upon any part of the premises hereby demised for the purpose of inspecting the same and of making any repairs which it may deem necessary for the protection or preservation of the building or its appurtenances, to close any private alley or passageway adjacent to or abutting on the demised premises, to alter the building of which the demised premises are a Part or add thereto and for that purpose to erect scaffolding and necessary structures. The -Lessee shall not in any of such events claim or be allowed or paid any damages for any injury or inconvenience sustained thereby. 3L TAXES --Real property taxes and street assessments shall be paid by the Lessor, except that if, during the term of this lease, real property taxes assessed to the land legally described as: ---See Paragraphs No 44 & 44 1. Schedule- "A" and the improvements thereon (of which the hereinbefore described premises are a part) increase to a sum in excess Of taxes paid for the fiscal year then the Lessee shall pay forthwith to the Lessor % of such excess sum within ten (10) days of receipt of notice from the Lessor to the Lessee of the amount so to be paid. �id '"r'. ,i• �•-",�+c ""� � �; �°" ' J � � . 4�. �!'.� $ bb �' �Ap � x�, , � a .,u7 C:.. R y ! . 8'�,.."`{�, � '. _ . 83-252.8., %rT r`� �a ►s tic . , � -' a �l � _ � �" _. Y i� r ,�' :. ,y 9'k . � � ^''ss -w , t. t 32. - ME INSURANCE --In the event 'that during the term of this lease the use and occupancy of the said Mpremises . increases the cost of Premiums for fire -and other bazard coverages, then the Lessee shall pay the amount of such excess cost to 16e Lessor within ten (10) days of recei t of notice thereof from the Lessor to the I.essce. Para�rap�is No 5 C @1: Schedule '!A`" ? 8 ;� p�IS--:: lxe..ssee'shaff obtain at his expense, �It permits rued by governmentalagenciesby reason of his = use and occupancy of see the said premises_ The Lesshall make at his expense, all repairs, changes and alterations required { .by governmental ageucres'b-X reason of the Lessee s use 'and ocxri ancX of the said premises. y = A - ; ID EMIlVEiVT IBOIfriAIl -If all or any partof the remises shalt be taken or appropriated b� any fru or quasi public' authority i1der the gower'of"emment' domain, either party Txeredi shall have the ngtrt; of its option, to tcrmmatc this Iba and r shall be entr'tIect to any and"aII income, rend 'award; or"any interest therein wfiatsoevec which may " paid or made in'connection with such public or si-public use :or' purpose and Lessee shalt have `no• claim 'against ; Lessor four the value of -any, unexpired term of this VAC part of the premises shall be so taken or'appmpnated neither P'iferetosLraII"elect to terminate this Iease�_the:rentaI thereafter to Fiepaid`shall be eiluitablp redncxd`I3efore $' ` *'' Lessee"mai tezmina a `this base Fry reason of taldngg. or appropriation; - as"above f rovido sb& taking or 'appropriadon"°t {_ A^ shallbe of such an extent or nature as to substantially handicap, impede or impair Lessee's use of the premises. If any - r pare wof the building other than the premises shall be so -taken-'or :appropriated, Lessor shall have the right at its option, to terminate this lease and' shall be entitled to the entire award as above provided; In such case Lessee shall have no claim •h.•r .�': ¢+'6 .t1 er, ti. I.°atq against Lessor for the value of any unexpired term of this lease.'`x w sh c�'�:�n.;,�!'•�:.d- ,�p~'` r-; �c•"�'.9x,+'F��;�' �.�i.. �t � �� a�_c-'� tr%c7-'�' .:...,; 35. INSTALLATIONS--Z'he T.essee shall romovc a bis expense, at the option of the Lessor, of theaid of this leaserP ' herrn` its earfier terwination'or" at the expiration of�any extiensions or renewalsvthereof:.yaIl equipincnt and installations ' attaclied'tn the said' premises blur. -Tire Lessee shalt air ar his"expense aII damage caused' by each removal' and suyriencCer'th° said' premises toythagLesso�r{" ink+}"t�ijp�,�y� an -,condition, 'ib �� � � air '�'; 7!4x. °� . A ` ,i„ s "! r'`� i ;Fa•'�"i4r , '.'r k'�"afi,�4 Ii)?4. �„'3k ," �D"V�r "�iq„N '_p'Y .f 4-, LST+ l� ,.. - 36:' LIABILITY IN5UR�iNCE--TheLcssee agrees o5xocrrre and' maintain Suringg the terut of this Tease at his own == cast and exlienseF ac policy of insuiance insi g Lessor 'and Lie frc2tn a rlainrs, demaaids or actions for injury to or" 4`-^ `axly$'�r�,s T.. •i.�w 5'<� ate' t�l�p .� 004 Oi} �°; And for mlir e 4. Beetle opf� _an'yg one person re angamount of noC Less than., rye or d or more 'r'��r�' �f'"'„y�,rowS�,�"�'a f:�.�y'�,,'.r'i�:�;n,� f�;'�e �+w :. . ...a .�, -•s _, 7 - _ . 3300 000-. 00” � Y. -not one person in anyone accident to the limit r damage to property in an amount of not less ,.,, ,ye . �".•.," .,,,.•da.a' k T.r•-=• .' S .'"' ,r t . }F %' .,, uc'��' .,�,y,� .F.r`�, - 3.z a,,..'.�� T}E' �+- -. :ri � �. a.-... .. o„ ` ,. x'�i; ^ •_'r:.- ' ;� . ffia`$ 100; 000 00 - `4 .`made or on behalf of any person of persons, firm or corporation arising from, related ''' to, or connected with`the'conduct`and"opemtion of Lessee's business m the leased'piemises. The Lessee shall deliver to ` the Lessor upori`execiition hereof, a �c eieficate of said policy'and evidence of the'p�ayment of the premium. " tc*s �'••jF'=''-'`•`,r?'.*-r•"V,.c."°�„'�'+_�ys,�7i+°"'.' ^4 37. TAX IRON B0V'TAI.S—The imposition of any''tax'npon,rentals which may be'rmposed upon the Lessor by any y ``governmental- agency of authority' during the term'of this lease or any extension thereof, on account of the rent reserved hereunder, shall for -the purpose of this lease or any extension thereof, be deemed an ad valorem property_ tax and shall be' ` paid bathe Lessee to the Lessor as herein provided _3 -7-:; Se Paragra ph° NQy::T46s Schedule OPTIONS. E' s,v: ^ ,,.;,•:t .�> ..,r� ,F y..:.� r'."":'ri.Yi;t"s7�`^ •_.�,. r.,- 9:y„� '1. .1. ,r Wr NESS- WHEREOF. the: Lessor has hereunto caused' its corporate name and seal to be Hereunto affixed by ` itsf roper officers thereunto duly authorized' and the Lessee has duly executed the same in duplicate, the day and year first abovewntten-e,., ; .� z SRAF� d.M r�rY'S,r rr:r'x�"'' b :gym s� !, I I , 'r: « r:T-FSSEIJ ����,,Oii�� .� United a" Ba' solely in its , b �;.,;�j; fiduciary' capacity, as trustee under Trust''`��4-21-75-0,and-'not'in'Its-indivt �� ., �;Gs � ��.;< - dual eorporae capacity- -� .S.ti<rBy T Drib J cC1 >r?ce President -_..Y GarmeloTManto' atr ' ��,�!_ r wily --ti_ . � ,. � � .. ..�' .- • ^" + } µ's.-- *- t. .. r _ �r .,, : ' ; .. _ - , �rFar rypli T _ 1/411 t� .�� i]c7.r .Y _", 'wA wA`_Ti [-R:. . v+r"vL = tY ' ._ w•. 4 ... �..��%Pn�.�' '�w•M. ��'y...+.V_�.. i��.i r� �.. i .: •L `. .. H� T+x ti.. w yy' I. AT �. � ... r� �"-'r'.��;:.:#L.s"' ' r !�►�"��, r�, *�t'a_^.RC- •m11.�`_ _U�_�`_�^;•'i �'-•Y.. �„ -r...,�;_ I���5.. sF� p.�..MH..._ . .t,• ,ri.4Yt• ��/_.rrr.�•-'4.c�':'a.��:'d"l.ifi'.y�?''� r F -J* :•. _ y�`}'`T By�.ewis Baltz_' °Beene' f♦�i'ciary�wNith y. . P e=ight' of, Withdrawal - `,i.�, Yy��t! ,�.'2b._+�,r^11.r'�'+,�..�Y'�sw�'-:•i°''�`•_.. },w `. `t `t 'vr�.. ...,Fj-•' �M«C'!; �- .-p'.w � �y� ,5, lV,,, G•.t iv .r-�... 4 _ ^ �r _4.{tri. - µy$ 7 � x a•1 - . .. - '.. i r ... ... .e. _ `r`?'!-...�'.,'`'� �. FJ',.- 7 �,� d: -c -1.+'` °S. 'T .tkr i"i c, r� i{"S' • - a. +,_� .. ,. a '�dt "::..�.•r:. :.�a+.+...4...� i�..r,���.t° J�- '..P'� ��,`�`K.. ,,'�`'.'-,.o..rj v. ....�; ^'` °rr�" y.- � '�E,� , ..«.3. :'ta- �"r "�: �'" 4z '�ka „�.. �<` ,,,-s, < .. ♦. � i� �{'��"yrs �� �� �4yyY L-.•a�.'�Yt�.ic� {.[; •�..�r+i.l; `?'a t° �!k -3 7-�a'c iYr, {l �-"�N-rW 3_..a � la..cw �,�.....'�',S fY�{r�. .� 4Y �i w:. �,G-q. . ' Y �, -!'r[� -+� �.�.r � ;. x47M 'i 4r�� •. wc�'" .�4" -y. ,. - R_ h, •t w ,: y, 13 — ... �•d_---t1�%.,;�,.vO't�. 4'".'"-"a'.'ai'C�,x.... °r?xt "'+� 'ir �•'d-/P.rk '+"r!;"C`r,'4 :,.""F �" t ,"gz. S;F•x�',.-.o-+ ..• 3"'4;.73.'.`:,_ ��sw,°"t�.. ,}.. ..,�.-.a,`.,.y .o'� �a.,,,�, �} ''{r •F i 'ai,9^f'�2`,,1 tY�r'•-itr > f -.•:,;.,.y. sae `,:,.ice • Y s:.e«..,t +'�„:�,,: "�� b9k,,aK�r..s+s!yi«v`•�:-,...`iL i'iyr14_.,C _`Y W.,: ._': ����� .r$ Sp• } ,a,�yt.:.,• >}rT.". a7. ` _b?• '�."�. w,-" .k .a _'"• i r �._. ; ` t $' "'- • J' �TynY^tt i 3Q 1'� a iL �. - i 1 ,3Ji•x.. ,„i r ¢W r , z. x.ra..r 7 Ii��,,.���. �r��}-¢..%� ;? � .s' ��. `�s� �'�,i� y-�� : 1 E'er,' .M i-•�'e�'4'--w•i �tiF r� - -.wx'' �Li ��o �•. �,+.T .�-,# 4 .., a �k � ae� r x'a.ar,� si Vr.�' '�.".. ..ec. e..� � +Y� � . �..,"T t � � � r. " 4 ••i •''!a •r Tm �ry�q�_}_�i. n � �,T *�t�j_�� - �.x�, ••-{. _ ��� � � `ti.� a`i i. -t- i +, a -i; a �A-''—�+�_• r '..f' ,.�y-•-`."� '�-ri- �- w - • r`Ti`T''.I t`„"T.'":{ _s, -r s:.! -r.r �it+e ,.-:��; ..... .q.csr.; :+w"K -iiia ..rtr- 83-252488 SCHEDULE "A" LEASE DATED: February 1, 1979 LESSOR„ United California Bank LESSEE. Carmelo Manto 38. TERM --Lessee proposes extensive remodeling and refurbishing of the leased premises. It is anticipated the remodeling activity will require approximately six (6) months to a year to completion.. Upon completion of the improvements (signified by Lessee's receipt of an appropriate "Certificate of Occupancy") the Lease Term will be ammended by letter to reflect a commencement date coinciding with the completion date as defined herein. 39. RENTAL --During the construction -period as -defined=in--Paragraph 38, the monthly rental will be $650. per month. The $3000. monthly rental referred to in Paragraph 5 will commence as of the commencement date of the Lease Term as ammended in accordance with the provisions of Para- graph 38. 40. RENTAL (Cost of Living Increase) --The provisions of Paragraph 5 not withstanding the said monthly rental shall be subject to adjustment in the manner hereinafter set forth: on the 5th anniversary of the rental commencement date and each five years thereafter throughout the remain- der of the term hereof, the Consumer Price Index for urban wage earners and clerical workers as published by the United States Department of Labor, Bureau of Labor Statistics, Long Beach -Los Angeles metropolitan area (1967-100), for said date shall be compared with said Index as of the rental commencement date. The percentage that said Index as of said date bears to the Index as of the rental commencement date shall be applied to the sum of $3,000.00 and the product, commencing with said date and for the ensuing five years rental payable, provided, however, in no event shall be less than $3,000.00. There shall be a five percent (5%0) yearly ceiling on the said cost of living increases. For the purposes of this lease, if in the future said Index should be changed so that the base year differs from that used as of the rental commencement date, it shall be converted to the base year as of the commencement date. In the event said Index is discontinued or revised during the term of this lease, such other governmental Index or compu- tation with which it is replaced shall be deemed the basis of the recomp- utation. 40.1 RENTAL --To further clarify the provisions of Paragraph 40. (above) : It is the intention of all parties to this Lease that the CPI increase shall be limited to a maximum 5% annual increase over the base year rent of $36,000 or $3000.00 per month. Thus the maximum rent (as stated as a monthly rent) for each five year period shall be as follows: a. Monthly rental, first five eareriod: $3,000.00 b. Monthly rental, second five yearep riod: $3,750.00 c. Monthly rental, third five Year petiod: $4,687.50 d, Monthly rental, fourth five yearperiod: $5,858.69 It is further agreed that the above are maximum rents and, in the event that the CPI increase, for any five year period, should amount to less than a 5% annual increase, the monthly rentals will be reduced accordingly. 53-`252488 41. CONDITION OF PREMISES --In Paragraph No. 25, the words: "has received the same in good order and re )air" are deleted and lessee acknowledges that he accepts the premises in "as -is" condition. 42. USES PROHIBITED --In Paragraph No. 26, the words: "Nor allow the said premises or any part thereof to be used as living quarters by any Person are deleted. Lessee is specifically granted the right to allow such of his employees as he may designate to occupy, as living quarters, the apartments on the premises. 43. ALTERATIONS --In Paragraph No. 28, the words: "As follows" are deleted and the words "By the Lessee" are added. 'Subparagraphs (a) and (b) of Paragraph 28 are deleted in their entirity. 43.1 ALTERATIONS --Lessee proposes to make certain permanent.improvements to the premises, heretofor referred to in Paragraph 38. All such improve- ments shall be done t,0 City \Code -requirements and t�o -plans approved by Lessor prior to the commencement-- of any work: Lessee will use state licensed contractors for the proposed alterations and will require said contractors to post appropriate performance bonds. Lessee further covenants to use due diligence in the supervision of said contractors to insure completion of the alterations in a reasonable and timely manner. 44. TAXES --Paragraph No. 31 is deleted in its entirity. Paragraph No. 44.1 is substituted therefor. 44.1 TAXES --Payment of Taxes. Lessee shall pay all real property taxes applicable W the Premises during the term of this lease. All such pay- ments shall be made at least ten (10) days prior W the delinquency date of such payment. Lessee shall promptly f=urnish Lessor with satisfactory evidence that such taxes have been paid. If any such taxes paid by Lessee shall cover any period of time prior to or after the expiration of the term hereof, Lessee's share of such taxes shall be equitably pro -rated to cover only the period of time within the tax fiscal year during which -this Lease shall be in effect, and Lessor shall reimburse Lessee to the extent required. If Lessee shall fail to pay any such taxes, Lessor shall have the right to pay the same, in which case Lessee shall repay such amount to Lessor with Lessee's next rent installment together with interest at the rate of 10% annum. DEFINITION OF "REAL PROPERTY" TAX --As used herein, the term "real prop- erty tax" shall include any form of assessment, license fee, commercial rental tax leery, penalty, or tax (other than inheritance or estate taxes), imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof, as against any legal equitable interest of Lessor in the Premises or in the real property of which the Premises are a part, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Premises. PER'S ONAL PROPERTY TAXES --Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises or elsewhere. When possible, Lessee shall cause said trade fixtures, fur- nishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor. 45. FIRE INSURANCE --paragraph No. 32 is deleted in its entirity. Paragraph 4.5.1 is substituted therefor. 83-252488 45.1. FIRE INSURANCE --Lessee shall, at his sole cost and expense, and for the benefit of the Lessor, carry and maintain fire and extended coverage insurance covering the improvements now or hereafter placed upon the premises during the Lease term against loss or damage by fire and against loss or damage by other risks now or hereafter embraced by "extended coverage". The amount of said coverage shall, at all times, be equal to full replacement costs of improvement now or hereafter placed upon subject premises during terms of this Lease. Lessor agrees that Full replacement cost" shall be that amount determined by the fire insurance carrier under its policy and shall not be "actual cash value" less depreciation. The landlord shall be designated as "named insured" under any such policy and coverage must be placed in a stock fire and casualty insurance company acceptable to Lessor. 46. OPTIONS TO RENEW --Provided Lessee has faithfully performed all of the terms and -conditions of this- -Lease-and- -is -not --in-default -hereunder, Lessee, -is hereby--grant-ed -the option --to-renew-this---Lease-for-two con- secutive five year terms from the date of expiration of the initial term of this Lease, upon the same terms and conditions as herein contained, except for the monthly rent which shall be mutually negotiated, at the - beginning of each five year option, provided that Lessee shall notify Lesser in writing not less than two months prior to the date of termin- ation of this Lease of its intention to exercise this option. 46.1 OPTIONS TO RENEW --In the event the parties to this Lease are unable to mutually agree within 90 days to an acceptable monthly rent for either renewal period, each party (Lessor and Lessee) shall appoint an arbitrator, and the two arbitrators shall immediately appoint a third arbitrator. The three -arbitrators thereupon shall decide upon an equitable monthly rental. The decision of the arbitrators shall be binding on the parties hereto. The charges for the services of the arbitrators shall be borne equally by both parties to the Lease. 46.2 OPTIONS TO RENEW --During any such arbitration period, as described in 46.1, the monthly rental shall be the same amount as specified in 40.1(d), i.e. $5,858.69. 47. ASSIGNMENT --Lessee is now in process of forming a corporation to operate the restaurant. Said corporation is to be laaown as Manto-Brady Enterprises, Inc. Without waiving any rights or options, as set forth in Paragraph 8 of this Lease, as such rights or options may apply to any assignments other than assignments by Carmelo Manto to Manto-Brady Enterprises, Inc., Lessor agrees herewith to approve an assignment of this Lease by Lessee to Mantc-Brady Enterprises, Inc. Said agreement to assignment will be approved only upon presentation of proof to Lessor that Manto-Brady Enterprises, Inc. has been capitalized, either thru contributions to capital, or loans, in an amount of $250,000.00, and; b.) receipt of an affidavit showing each corporate principal's extent of participation in the capitalization and the identity of said principals. Lessor further agrees that, upon the execution of said assignment in accordance with the terms herein outlined, Carmelo Manto's personal liability under the terms of this Lease shall be exonerated. LESSOR United California Bank solely i its fiduciary ca acity as Trustee under Trust -$4-21-75-0 and no in � indivAdpa g+orporlate capacity MOM rry,Ai AB(p4ng By �/�-------- Lewis Baltz, of WithOrav-il .. Vice 11'residenb, s istant Stec ; Beneficiary with right LESSEE rmelo Manto ` Un %= UNITED CALIFORNIA BANK ORANGE COUNTY REGIONAL TRUST OFFICE • 1018 NORTH MAIN STREET • SANTA ANA, CALIFORNIA • 7141558-5411 MAILING ADDRESS: BOX 1739 • SANTA ANA, GALIFORNiA 9<:02 February 22, 1979 To All Concerned: Reference is made to that certain Lease dated February 1, 1979 by United California Bank, as Lessor, and Carmelo Manto, as Lessee, and the following items are herewith added to become a part herewith of that referenced Lease, to be known'as Schedule B: 1. It is understood and agreed by all parties signing this Lease that said Lease is subject to termination if necessary entertainment, alcohol and/or business licenses cannot be obtained from the appropriate governmental. agencies. To and until such termination is made, rental ($650.00 per month) will be payable. 2. Paragraph 44.1, third subparagraph, under Line 3, the following wording is herewith inserted; "Used in the restaurant business conducted by Lessee",after the word "Lessee" and before the word "contained". LESSOR United California Bank, solely in its fiduciary capacity as Trustee under Trust #4-21-75-0 and not in its ind�y: dual gorprrate _capacity E. D. 0. ' McCI-ellapnd; Vice President LESSEE _) 1 By —Carmelo Manto Harry J. Ayp&irfC, 4'�s tant bo" etary ByA Lewis Baltz, Beneficiary with right of. Withdrawal. SECOND: Not to assign, mortgage or hypothecate this lease or any interest therein, or let or sublet the whole or any part of said premises, or make or suffer any alteration to be made in or on said premises, or devote the same to any different use, without, in each instance, first obtaining the written consent of lessor; and this lease, or any interest of lessee therein, shall not be transferable by operation of law, without the written consent of lessor, by reason of any bankruptcy, insolvency or receivership proceedings, or attachment, execution or other judicial process or sale by or against lessee; LEASE-GENERAL-WOLCOTTS FORM 974 -REV. 4.57 ROLL CALL CT In CL m y f j City of Newport Beach INDEX Request to change the operational characteristics of an Item 7#6 existing restaurant use so as to allow a daytime lunch operation during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 p.m. Monday through Friday. Said application also includes a request to amend certain conditions of the existing use permit so as to reduce USE PERMIT the amount -of required restaurant parking and to amend N0. 1908 the existing off-site parking agreement. Amended LOCATION: Parcel l of Parcel Map 79-733 (Resubdivision No. 645), located at 3520 East Coast Highway, on the northerly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue, in Corona del Mar. APPROVED ZONE: c-1 CONDI- TIONALLY APPLICANT: Carmelo Manto, La Strada Restaurant, Corona del Mar OWNER: United California Bank, as trustee for Lola Bernice Baltz, Santa Ana Planning Director Hewicker suggested an additional condition of approval as follows, "That the required fire resistive corridor (i.e. one-hour fire walls or doors) between the rear dining area and the rear exit be installed by the applicant and approved by the Building Department prior to the beginning of the lunch operation of the restaurant facility during the week." The public hearing opened in connection with this item and Mr. Carmelo Manto, owner of La Strada Restaurant, appeared before the Commission and requested approval of the proposed amended use permit. Commissioner Beek expressed his concern with the number of letters in opposition attached to the staff report. He stated that due to the lateness of the hour (midnight), a fair representation of the public may not be present. Mr. Manto stated that he had been at the hearing since 7:30 p.m. and that none of the neighbors or the persons who wrote the letters were present during that time. -58- EXH1131T "$' snarea parxing, Lney are sL111 nonoring uneir agree- ment. Volume 36 - Page 61 V 0-4-_gJ4400 C. ,-Y OF NEWPORT BL. 4CH COUNCIL MEMBERS Poi 1 r 1 11 �� n� �'fJ February 22. 1982 MINUTES I Nf)FX Motion All Ayes x Haskell Shapiro, lessee of office at 3500 E. Coast Highway at Narcissus, stated that the parking is at a premium at the noon hour in the subject area, and that many times he has had to park on the street, which is also difficult because of restricted park- ing. Hearing no others wishing to address the Council, the public hearing was closed. Sustained decision of Planning Commission, including approval of the findings and conditions as recom- mended, and adopted Resolution No. 82-24 authorizing the acceptance of an amended Off -Site Parking Agree- ment with Carmelo Manto. Off -Site Pkg Agm/ Res 82-24 C-2227 (38) 2. Mayor Heather opened the public hearing and City U/P 2021/Tfc Council review of the decision of the Planning Study Commission on January 21, 1982, approving USE Park Lido PERMIT NO. 2021 AND A TRAFFIC STUDY in connection (88) with a request of PARK LIDO, LTD., Santa Ana for the construction of a medical office building which exceeds the basic height limit in the 32/50 Height Limitation District and permits roof parking. Application also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the project's required off- street parking spaces, and the acceptance of an Environmental Document. Project located at 351 Hospital Road on the northeasterly corner of Hospital Road and Placentia Avenue, opposite Hoag Memorial Hospital; zoned A -P. Re ort from the Planning Department, was presented. Letter rom Cecil G. and Lois 0. Zaun in opposition to the r pest, was presented. Letter from k Lido, Ltd., requesting withdrawal of Use Permit 2 1, in order to further study alternate plans, s presented. Letter from Sharon Ree concerned about the in- creased traffic generate by proposed building in the Park Lido complex, was resented. The City Clerk reported that a r printing of the agenda, a letter was received fro James Dodge, Architect, responding to issues con ined within the Circulation/Transportation section f the project. Dennis O'Neil, Attorney representing the App 'cant, stated that on behalf of the Applicant, they wi ed to withdraw their request for a Use Permit, as we as, the Traffic Phasing Study at this time. Motion x Granted request to withdraw Use Permit No. 2021, All Ayes and the Traffic Study in connection with the re- quest of Park Lido, Ltd. Volume 36 - Page 62 1 C:. _'v ro= n— 2o o f n m m� 4 O O a C�3 CD tD C7 N O 00 � N N Cv tD S O `C T C/)CD .L to N d N i3 N 'D tri o rt m (D Or w rn N 4 •; G W,m rt O w (t ro N o ct, =. =tz cNn o m Q N ti ri w (D (D �. o Mo� cl r�rnaa cr�,NN� (n C) S* O d tv N y _ O04 m = p� W w N. o c d m .=-r m a m O O w O o o, m N OU w (D N N CND O O n N A O t� Z7 O N �• ¢Vr CD Cr Q' • • ! co m iD o n n c. n N om• O_ R CS.N j "� ul w cD _ mrT pq o m o N = rt rt y v m a O r o Q m m co R =r CQ (D 0 d cu - ai c o a w = co o w ,t:j -c� = O N S D `-C O_ CDlD c, Cl 21: 'V N n cD N m (D w Cl `n aQ 1010 k '! rt d (n rt, rt cD (D � d GD ci Oo N N N a (J d O CT r o cD Cl o m (D (D rn r'�• O d m f'S f'S •'i• o_ i L O CD d `"c � =' CD d -n "O *G a N .CD cSD S in' a N N O C N N f•-� ? eT [=D N coS C• co < ca m o w m — = co dQ N £ pOj CS N CD CD N N d O- O O d cD CD O w CO 1--+ CO H CD CD vC N S v' c, d .,< c co r -t co n m�w h C), X __ = = cD O (D d t7 O n• 0 O 0_cl CD CD CD O W m� 4 a C�3 n � m rt m (D w rn N 4 •; W,m rt O w 91 O O n. rt w ri w (D ca t� Z7 F f ¢Vr • • ! co c� n O O U) w cD rt rt rt 1r CQ (D 'V cD k '! cD � d GD ci Oo N N N k O � sr i � Z CAI CIO c CD Ic C, O CCD -.. .-« =' m o Cl) C Co 3 coo o .+ a co `< '?1 _d co m d O a N O 7p O O rt =r N O S G N O m CD pd =r N O a co m 7D .� o y o -2 c' = 3 m y N Cp CD O �C O N - - m G CS r�i- a K -Oti. co O4 d.N GI1 .�-f CD 1 '. t O Q NO �. m _ 'fl CD .=i rt cD N q co =rO m = O O n N - = N O � N NO NO Q N (D �C � CD O cD — O "v Q CA N CD CD 06. CJ CD — d I y c,r0-� C31 N O C1 Cp ND [ . 'O O d ON Q d (9 C cD y CD c4 cA .+ ca Cp M �. N 'm CD _ D d N C7 d O < d O n � - O C1 cD cD CO N C1 d (ND � O N CD bC CD O y coo O S tS CU O Cy cDD CD CD Oj C7 co CD O _• N N N C1 N M CD G O O 7 M_ -� CD O n T7 rr CvCy K3 cD m O CD O L3. "O O cco .+ y N �. =3 C1 N N N C7 CD Ic = N CD CD co co c (V CO £f pp� V co OD i C) aHrt=i H acs m 0c:: .. .. tl 9 9 :4 y .:4 'v Z n n 0- Lo � m n O p z G n Cl)4< w d H• H n H r H O H O ri N w [=1 IV CrH OH �- m z 00 n H rt H rt m H. H. (n a O 9 O (D 1-11 p � G G m m rt U) m x x x x x x d a m H. 7d H. G G y w CL C-40 O ti C E w O H n 0 w Pd w m H rt w n n w (% rt H. n r~ �d w x a n w hi 7d m m (D G (D m P rt G w OQ H• ro (D ti O G P. M m H' G ''' rt O ri O" OQ m m (D b p H. O G` -3 P a n m O O w" O H. G� G rt rt E O OQ Cn H Cy w w z tr1 w a I -C H p p (D O rt ri rt w rt oQ w �C ''-' �' U' rt P' 'T E o rt p o (D w G a H• (D G 0 H p o � (D m m P O• r t, r • m ar n �' x o r o H• w. �r n ti (D w G (D Zr' a n ti O rt (D p H• O n 'd n OQ Oro p n ?t CL (D a (D u' hh w OQ rt rt (D H• �-d w (D o' m w H (D w H• rt ri O (D x rt rt G m a (D (D - M H• H• H• H• o (D d w c o .n n a n rt Hh n rt, CL H• o H. In G mG o n rt x r oQ 14 (D a n a. rL N o a n H• m 5 H• p w (D m n G G G m n p m w rt rt '> cnn (D w OQ w m rt rt (D 14 G rt G rt (D w 0 (D (D rt ri H. m w rt M G H O H• H• w w' H w .. � � r rt r -h - m ti .'J rt o .O CL rt w b m ti rt H w .n E n O CL w rt H• m m O rt 0 G (D H n n rt rt rwt rDD (D rt rt w rt ' (D o ff 14 rt ma G r_ O H m G ri O m OQ n Cn O O G' o H. OQ a oQ H. m a' H• H. o a rt m a m m a rt w GQ m o d w o H z G m 'd rt a$ rt O a oo m H ri rt C In 4 rh H• • rt rt 0 O� G ri n� O M O C OQ H. (D n �i p" 'd H• (D G' m t-' rt rI rt rt (D x' G' m n N O G G p' P' rt (D y H• n (D M O G H PcI (D rt M m ri rt G :3rt (D D O O M H• (D n m (D H 1110777 m H. O 'd w E H Oo H OQ O R G H• m `C O (D 9 C rt Cr rr ~' (D " rt w G w t h n x H G w a m H a w w m N rt rt m o a t m 'd d H' w rt ti m a d m m t�J ( m H• G o E m '� 'd rt w m p' rt rt G H. OQ rt G a o. "d 0 m rt Oo w o H C H rt w m a m a (D (D H. id O O ri G fH (D (p m G n G w O H M H ri m N rt G m H, w H. m H. rt ro O (D (D O LTJ Oo G m (D `C w o m N H G E m m m ri G x rt rt ti H• m G 0 x rt p Cn C a w O w LI) rt M O ri LJ rt H 9 rt n H• rt G P ro H• rt m G H• (D m 0 P. H• O FJ - w H -. O H• ',D rt H• ri m p� w 1 --h E rt rt w G' H+ p' (D w G O OQ m' 'Yi G x w a H• n QQ n m b OQ w w G E 14 H p (D rt E �t a' H. p' G' G w �C w m ri QQ O G n (D m a G O G' O rt OQ a' w r'•( C~ P' O.C- a N ( (D n ro (D rt C n rt n m m G h'• (n rt w H E w w w G m H n LTJ m rt m p w m (D „'D H w rt rt rt rt Cl) n v P O w m ti G m (D rt O ri H .'3' w 0 6 v rd m n__ 'd m E b 'd (D w H• O (Dw '-d ri u rt i G� � r m .n W rh (D O ti w G r•h n n G O G• In ¢� rt O r m O H. E 'd o 0 ro rt (D 'd w H• w G E 'd H tri w n (D OQ H• p w m H• H H. n H m � rah G n ri O 0 C x G G (D O rt rt w- C7 w rt Ki O G m a 0 m H rt w rt G H rt H m H m O O G 'd w w a (D H• OQ rt (D m G G' ]' w n n G rt 14 p a m M H P. Cn n p' o n o a G Co ti H) n (D rt OQ rt OQ (D ro rt n (D Fl - H 0% p rt (D O rt (D � G (D m rt rt H E .'�' w b P' CL m O P .� r Cr G ri r -h G' O rt O H• w H• " (D p p w G p rt m V O rt n ti a n rt m m (D H El (D m E OQ w (D w ti n H• rt ri m w rt O r'=J (D x '-C ri n w N a G H• O (D m � a 10 m p p a (A H. rt (D N rt \.O C a' m H. H H H• G G 14 (D 7' H m H. rt m G ti n a 't O QQ w n b H• H• m (ED rt H PH. G 'd rt n m H• rtw H• rt m H• rt w (D H. rt n w (D w G n m ro o rob y� m r•i z O 2 5 '.J' o a w rt 5 H. .0 r m b N C m H• rt w C m G rt rt V m m w a H• w m OQ m w G H m 14 n a G \o H• G o a n 0 a oQ w Hh rt m � w rt rt v rt m n p E tv ti p H CJ ri G m (D m 00 o v' kC OQ (D n H• O (D (D rt rt 9 (D G' H O H. rt w O n rt rt w (D CL - w OQ H H m N G H H• (D H H rt H. 'd (D :r' o ri m w H. n n G H• In G H.G' • G a G G O rt w H. n w rt m w rt o N 'd a m "d n rt H• d' 0 'O ro CO m CL G n rt G p rt, o n (D m DQ p' O EI v rt o G' w rt n CO w w m OQ a m n (D m n w V w M m m H m H G''0 v' ri rt ' H' ' b H. H o w rt G rt G G b rt m ri M m G' w n C 'd G H• H• G H• r -h O m m P' G O n0 G m� H. D 'd " O (D O O n Cl)H rt w m p 'd rt m o' ti n rt H. rt Fh r•i 14 H• w m w�0 w ro d O(D 1-h m I ri O rt w n b O n r•i R w w � ri m m m p rt o n0 m r-- � rt �• w �' w w H• m b ~d m rt y o m ti rtw. o G OQ rt rt N• w r%r '� o o rt rt p' p rt c (Dm El m m n m p H (Dx 'd H. ri o C H• H• H• G m rt OQ Fl ri h -h rt m rt rt P' S H G H' r•h r -h m m G n rt G H rt H• w m m G OQQ. G m m a a w �C rt ( r�r o oQ (D n w CO 00 rt r w CD a co ro m i C) aHrt=i H acs m 0c:: .. .. tl 9 Z n n 0- Lo � m n O p z G n Cl)4< w d H• H n H r V N w [=1 IV CrH OH �- m z 00 n 0om N rn 00 N F� Z C rr) W v a H 0 o H rt N rt r• r• 9 0 a 0 (D m cn m N .n w C, w 0 C7 b rt ,'D w H rt n t-1 w O t"l rt t� ' d x x tri Ul En N t- (D rt E Id n n r* w m m G rt x m r E rt w x x 0. 0' r• w G 0 rt to o rt m ri P' rt 00 � P' ri m H M m O m (D o o 0 rr 'd o b r• x P' H. tri o 0 w (D 10 (D mrwi Q maw " wp 0 m 0 m m mmrt rt rt rt 5ww4rt00 50(Drt G� �ma.Hn °°nrt�ax In 0 E rt p u. 0 p w rt m a rt rt rt o o'0'0 r• m n r• N r• m P' 0 0 w m o w 'd r• x m E m rt rt rt rt r• m r• m n r• a n �d U) m ri (n m � m rt ri r• r• rt m m p r• rt m n H r• n rt �' n a C H. G p El Eg w P' m p' rt a W n H. rt w r• w m rt 0 m ri m ri rt H. rt rt O rt (n oo n w a O w H U) r•rt GQ H.� H o m a m P• rt ri m" rt H a w w w w D) rt U) 0 m r x M" r03 (GD 0, Uri a) M art 0 n n �C x M rt rd M H M N f✓ b H M 0 rt H. U) ri 7. P. (D P' a rort H. � H H ri - H x G W rt rt H m m M rt rs m w O o • o rt rt rm o o rt w w 0 O wrt rd rt m Hw w z N" n r rt O Ho O o x 7d 7y 0 n rt a o 0 P' rt .n • 0 mrt a M' 'r w w n w E rt m w r+ F' F. w� "d El 5 G 0 0 0 rr x' m 0 m G G 4 Pr (a N D P' O N rt H. z b N ri M G M P. rt H m m a MF- r• (D U) w w w H. w C7 r) m N 0 H.m (D w rt n m rt O� w H. x M m M rt O H r• m rt ri O M W w rt 0 C 1 rt 'd a a" p N w H. a' rt U) O 0 m ri m a 0 w m rt ri C FJ- U) r• G' p" O w rt x' r• P' rt m P' H. M 'd O H w w H. rt N E (n m o m U) ri (D m 0 a (n 0' n o o r n rt n m � 'd m n n w U) N " n m rt w o d o (n rt m o r-• � o � o •d H. r• n H. m H. F H. r• a' > 0 ti ri 0 ri " T r w 0 0 0 CO rt w 0" r• 0 0 w o 'd o M rt M 0 p (n M (n G aLMrt rort m rt H0 m 5m o E N ~d 1- a 0 1 rt m r•n Map Mm m r• p Qo m 0 (n N O rt 0 P' P" rr rt a E 'd "d m 0 t w N "• rt G w H. r• n o G w P. E H. H• o G m w H 0 w r• w 0 N 0 " r• m G7 w b �" � n O rt p rt P' M b w rt m p) p a 0 £ H. n P' o N to a E U) m H rt p 0 m ri m (D x co a 0 m 0 O n (D 9 ri P' a p qd H. M w U) G w 0" U) t" `C r• r• .n M p (n N rt X ri m r• o "d 0 O w 0 cn N w r• w a `C (D rt w m 0 U) • O 1✓ (n m rt rt p G m "d rt m " w m "d 0" rt w r • 0 n P rt" O w G 0 00 rt0 En Id n FI -0 rt� m ar•P' N m 0�C O rt m a rt 1-1m 0 p m m 0 M Flaa O' H NaP m 0 N 0 rt 1 p a (n M rt O n E m m 0 C O a DQ a 0 ri w H m rt m -' m m ti (l) rt rt rt m rt w n 0 ri rt m rt rt b y rt 0 (n b a H H " n a G w p O m a H rt M b n w rt rt (D w r• r6 P' U) O m a a 0 5 u > H. a' rt CL 0' £ (D F-' H. u H. 'd m rt p p W rt n m (y O E r MP'd rt U) C w a'0 0 m rt 0 m I w m 0 (D H. w HO " •r• ara m 0 rt a w H. GQ p a. 0 m H • rU) m rt o rt rt " m r• 'd �d w �• rt rt " w H r• O 0 0 a G O P M (D 0 `C rt m O G a ri m m a (n w a (n (D P' 'd P' El P. r• N n co O H O 0 n UQ w U) rt M (D U) 9 U) P m w m "d ri a rt ri rt C rr n m ri m O rt rr N N p r• M O a m b rt P' H- 0 m w w 'd m U) M Ur ri 0 O m O rt m (D rt 0 a (n O H U) " n M z 0 n a w P' w n N rt rt 'd 0 (n ri m o(D n E5 0 ri w L-• G r• r• M t7 H O 1 0 x 0 rt 0 ri m rt m H. C,r'rt m n 0 p"0 a MG m G F -'Nn m CO Mri 0.M M ' C w P cn. H. m M'F• o m m r rt • r• n 0 ri rt o G m N 0 (D�C o n n m r• 0 H. " C7 'd m p rt P' m n 0 rt 0 m cn w rt m w rt " n m rt n O rt n �4 'd rt w rt w 0 ri o G(D rt H. woo w ( 'd a m a• rt rt " n w 'd - o w M P+ m (n ri o+ ri m N En 0 E r• U) b y O w ri a 0 P' H. p o 0 rt rY U) M rt m w r• O m r• C rt m (Dm w Fl- rt m rt rt p r• 5 r• G m p E 'd ri m w r• 'd a• 0 0 4 0 b N Co) r• P' rt rt m 'd Un rt rt ri " P' 0 m 0 V rt rt OR H. w 'd D a p Hw n O W G rt r• QQ b 0 ]' z r• El m m U1 rt G 0 V) o m n m O 0 rt N r• w n 0 H P FJ. (D rt H o o g r•rt Ma -r• H. rt m E (n " w (D .0 � x-- F- 0 w w w w " n rt• m rr P• y d 0 I-� PJ rt H. O b r• rt G •d rt H. un a� 0 0 p P " m 'd rt E O UG a m G rt b ri rt O O r w O p O H. p 0� p a rt" H. a M to 1.4 •d p' r• a H. a P' `d m m M W M rt n GQ 0 w m Cn r• pi(DN aq O w m rt GQ 0 p r• a 0 N In m rt rt x GQ n tri 0 n O n n n (D w n rt N m E P' m M N p rt In (D x �' w a .�' 'm M rt N H. " m r n H. " I w r• o 0 p n m r• E 0 W rt Qp w G F W rr? Ur) w I" E w p rt r• E rt rt w 0 w QR ] rt O 14 H (� 1 a " rt " w U) m p P' p w r• m UQ Mrt P' r• 0 H. H. r w rt mrt (D r' 0 a rlh rt 0 ,rt (m D a a I o0 00 OM 00 W rr LoW 1� (DD r oo trd co cn N rih 7•' P� N �4 N N 00 9 (n t-' O UQ H. i N \ (D CI.111) o H M n 00 N F� Z C rr) W v _. • ,C j • 83- 252488 U N I T E D C A L I FOR N 1A BANK ORANGE COUNTY REGIONAL TRUST OFFICE • 1018 NORTH MAIN STREET • SANTA ANA, CALIFORNIA • 714/5585411 MAILING ADDRESS: BOX 1739 • SANTA ANA, LALIFORNIA 9:702 February 22, 1979 To All Concerned: Reference is made to that certain Lease dated February 1, 1979 by United California Bank, as Lessor, and Carmelo Manto, as Lessee, and the following items are herewith added to become a part herewith of that referenced Lease, to be known 'as Schedule. B: 1. It is understood and agreed by all parties signing this Lease that said Lease is subject to termination if necessary entertainment, alcohol and /or business licenses cannot be obtained from the appropriate governmental. agencies. To and until such termination is made, rental ($650.00 per month) will be payable. 2. Paragraph 44.1, third subparagraph, under Line 3, the following wording is herewith inserted; "Used in the restaurant business conducted by Lessee ",after the word "Lessee" and before the word "contained ". LESSOR United California Bank, solely in its fiduciary capacity as Trustee under Trust #4- 21 -75 -0 and not in its ind*idual rgor�pJprate capacity LESSEE s By �� G D.66, McClell nd, Vice President'Earmelo Manto Harry J. p g, AXWstant a etary By Lewis Baltz, Beneficiary with right of.Withdrawal. LAW OFFICES EVERETT AND YZURDIAGA DONALD J. EVERETT JOHN YZURDIAGA SCHEDULE "C" TO ALL CONCERNED: i SUIT_ 400 WASHINGTON SQUARE 330 WASHINGTON STREET MARINA DEL REY, CALIFORNIA 90291 TELEPHONE (213) 822-1873 Reference is made to that certain lease dated February 1, 1979, by UNITED CALIFORNIA BANK, Lessor, and CARMELO MANTO, as Lessee, and the following items are herewith added to become a Part of that referenced Lease, to be known as Schedule C. 1.- Paragraph 39 "Rental". After the close of the last- senten-ce;--Paragraph-39 shall- read: In no event shall the monthly rental at $650.00 per month extend beyond February 28, 1980. On March 1, 1980, the monthly rental shall increase to $3,000.00 per month, unless the Certificate of Occupancy shall have been filed prior to March 1, 1980, in which event the monthly rental shall have already increased to $3,000.00 per month. Notwithstanding the above, in the event of a general construction strike, act of God, civil insurrection or work stoppage beyond the control of the lessee the monthly rental may remain at $650.00 per month beyond February 1, 1980, for a period not to exceed six months. 2. Notwithstanding any prior references in that document titled Commercial Lease or subsequent "schedules or addendums," the lease period shall begin on March 1, 1979. LESSOR United California Bank, solely in its fiduciary capacity as Trustee under Trust #4-21-75-0 and goyAa:g�a�#, tial Powler of Attorney , Beneficiary with Right of T.T; sb. 1--1 LESSEE y Carmelo Manto COMMISSIONERS MINUTES • �-- January 21, 1982 83-252488 ROLL CALL o � r C: co =3 c u or n 7C m w > City� a 10 m m . m 7c' N 7 bf t Beach Request to change the operational characteristics of an existing restaurant use so as to allow a daytime lunch operation during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 P.M. Monday through Friday. Said application also includes a request to amend certain conditions of the existing use permit so as to reduce the amount -of required restaurant parking and to amend the existing off-site parking agreement. ' LOCATION: Parcel 1 of Parcel Map 79-733 (Resubdivision No. 645), located at 3520 East Coast Highway, on the northerly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue, in Corona del Mar. ZONE: C-1 APPLICANT: Carmelo Manto, La Strada Restaurant, Corona del Mar OWNER: United California Bank, as trustee for Lola Bernice Baltz, Santa Ana Planning Director Hewicker suggested an additional condition of approval as follows, "That the required fire resistive corridor (i.e. one-hour fire walls or doors) between the rear dining area and the rear exit be installed by the applicant and approved by the Building Department prior to the beginning of the lunch operation of the restaurant facility during the week." The public hearing opened in connection with this item and Mr. Carmelo Manto, owner of La Strada Restaurant, appeared before the Commission and requested approval of the proposed amended use permit. Commissioner Beek expressed his.concern with the number of letters in opposition attached to the staff report. He stated that due to the lateness of the hour (midnight), a fair representation of the public may not be present. Mr. Manto stated that he had been at the hearing since 7:30 p.m. and that none of the neighbors or the persons who wrote the letters were present during that time. own EXN1BIT "1�' INDEX I Item #6 USE PERMIT N0. 1908 Amended APPROVED CONDI- TIONALLY • COMMISSIONERS January 21, 1982 8 3 — 2 5 2 8 8MINUTES �7 C 1 � CD y City OfNewport Beach ROLL CALLI INDEX Motion Amendments Acceptance Ayes Noes Absent X X L IX j I I I X Commissioner Winburn stated that the majority of the letters in opposition came from one building only. She stated that by normal use, these persons have been using the applicant's parking lot during the lunchtime hours. Commissioner Balalis stated that the La Strada Restaurant is less intense in nature than most of the other restaurant facilities in the area. Motion was made for approval of Use Permit No. 1908 (Amended), subject to the findings and conditions of Exhibit "A", with an additional condition relating to the installation of the fire resistive corridor. Commissioner Allen expressed her concern that this use will generate an increase in the lunchtime traffic and stated that she would not be supporting the motion. She suggested that more community interface by the applicant would be appropriate. Commissioner Beek suggested that following amendments to the motion: Condition No. 7 to add the phrase, "and that the valets shall park only in approved off-site parking locations"; and, Condition No. 8 to add the phrase, "at all times and that a notice of this requirement shall be posted on the employee bulletin board". Commissioner Balalis accepted these items as amendments to his motion, Commissioner Balalis stated that the parking lot in question is owned by the applicant, and that the applicant should have the right to use his own parking lot. Amended Motion for approval of Use Permit No. 1908 (Amended) by Commissioner Balalis, was now voted on as follows, which AMENDED MOTION CARRIED: FINDINGS: 1, That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. -59- T COMMISSIONERS n 7r � r c m" W :3 c tv m C C D C /'` ROLL CALL I January 21, 1982 of Newport Beach 83-252488 MINUTES 2. The project will not have any significant env= onmental impact, providing that adequate off-street parking spaces are provided. 3. That the off-site parking area (29 parking spaces), across the alley from the restaurant is adequate to support the limited daytime restaurant 'operation requested. t 4. That the applicant leases the parking lot across the alley from the restaurant facility, and therefore, has the authority to utilize the existing 29 parking spaces during the day as well as at night. 5. That the reduced number of nighttime, off-street parking spaces is adequate to support the existing nighttime restaurant operation. 6. The approval of Use Permit No. 1908 (Amended) will not, under the circumstances of the particular. case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That all previous conditions of Approval of Use Permit No. 1908 and 1908 (Amended) shall apply, except as noted below. 3. That an amendment to the existing offsite parking agreement be approved by the City Council, so as to delete the requirement to maintain the four off-street parking spaces in the Post Office parking lot. 4. That a limited daytime restaurant operation, to include the bar and the two front dining areas only (1,451± sq.ft. of "net public area"),. shall be permitted, Monday through Friday. .m t,• COMMISSIONERS n _ C W Q7 'U C N CL 0 N Z - m ROLL CALL January 21, 1982 83-252488 MINUTES City of- Newport Beach INDEX 5. That a minimum of one parking space/50 sq.ft. of "net public area" shall be provided for the limited daytime operation of the restaurant use, Monday through Friday, and a minimum of one parking space/47•sq.ft. of "net public area" shall be provided at night, Monday through Friday, and on weekends. 6. That the restaurant shall close by 11:00 p.m., Sunday through Thursday, and by 12:00 midnight,' Friday and Saturday. 7. That valet parking service be provided during the hours the restaurant facility is open and that the valets shall park only in approved off-site parking locations. 8. That all employees shall be required to park on the approved off-site parking lots at all times and that a notice of this requirement shall be posted on the employee bulletin board. 9. No dancing or live entertainment shall be permitted unless an amended use permit application is approved by the City. 10. That the required fire resistive corridor (i.e. one-hour fire walls or doors) between the rear dining area and the rear exit be installed by the applicant and approved by the Building Department prior to the beginning of the lunch operation of the restaurant facility during the week. Request to amend certain conditions of approval of Use Permit No. 1929 (Amended) that permitted a temporary Item #7 bank building and drive -up teller facility in the P -C strict so as to extend the time period of said permit and7§&;6 environmental document. USE PERMIT LOCAof Block 93 of Irvine's N0, 1929 on, ted at 2344 East Coast Amended on the nor terly corner of st Highway an cArthur , in Corona del Mar. �_ -61- oF���sE 'PA'kKiAla AmFA 14 SPACE.5 w �N r'7-rrr�_ oF���sE 'PA'kKiAla AmFA 14 SPACE.5 COUNCIL MEMB RS ani i \A11P 9GSP C *Y OF NEWPORT BSCH 3- 25248? REGULAR COUNCIL MEETING MINUTES PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 22, 1982 INDFX Present Motion All Ayes `lotion All Ayes x x x x x x A. ROLL CALL. reading of the Minutes of the Meeting of Februar 82, was waived, approved as written and ordered file . C. The reading of all ordinances and reso under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing U/P 1908(A) and City Council review of the decision of the (88) Planning Commission on January 21, 1982, approving La Strada Res USE PERMIT NO. 1908 (AMENDED), a request by CARMELO MANTO, LA STRADA RESTAURANT, Corona del Mar, to change the operational characteristics of an exist- ing restaurant use to allow a daytime lunch opera- tion during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 p.m., Monday through Friday. The appli- cation also includes a request to amend certain conditions of existing use permit to reduce the. amount of required restaurant parking and to amend the existing off -site parking agreement. Project located at 3520 East Coast Highway on the northerly side of East Coast Highway between Narcissus Avenue and Orchid Avenue in Corona del Mar; zoned C -1. Report from the Planning Department, was presented. The City Clerk advised that after printing of the agenda, two letters had been received in support of the request from the Corona del Mar Chamber of Commerce and the Business Property Association of Corona del Mar. It was noted that the City Council, at its meeting of February 8, 1982, continued the public hearing, and requested that the staff provide the Council with a copy of the August 7, 1979 letter from the U.S. Postal Service to Carmelo Manto, Applicant, relative to the parking lease between the post office and the Applicant. Judy Manto, wife of the Applicant, stated that they do not intend to displace or change the parking arrangement they now have with their neighbors. The La Strada Restaurant will continue to offer the use of its parking lot, as in the past, to its neighbors, including the post office for their use in the daytime hours when space is available. Regarding the post office /La Strada agreement, it is their feeling that by continuing the policy of shared parking, they are still honoring their agree- ment. Volume 36 - Page 61 33- 252488 CRY OF NEWPORT BACH • COUNCIL MEMB RS MINUTES y �Q ti s ROLL CALL �iP Fp February 22, 1982 INDEX Motion All Ayes x Haskell Shapiro, lessee of office at 3500 E. Coast Highway at Narcissus, stated that the parking is at a premium at the noon hour in the subject area, and that many times he has had to park on the street, which is also difficult because of restricted park- ing. Hearing no others wishing to address the Council, the public hearing was closed. Sustained decision of Planning Commission, including approval of the findings and conditions as recom- mended, and adopted Resolution No. 82 -24 authorizing the acceptance of an amended Off -Site Parking Agree- ment with Carmelo Manto. Off -Site Pkg Agm/ Res 82 -24 C -2227 (38) 2. Mayor Heather opened the public hearing and City U/P 2021 /Tfc Council review of the decision of the Planning Study Commission on January 21, 1982, approving USE Park Lido PERMIT NO. 2021 AND A TRAFFIC STUDY in connection (88) with a request of PARK LIDO, LTD., Santa Ana for the construction of a medical office building which exceeds the basic height limit in the 32/50 Height Limitation District and permits roof parking. Application also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the project's required off- street parking spaces, and the acceptance of an Environmental Document. Project located at 351 Hospital Road on the northeasterly corner of Hospital Road and Placentia Avenue, opposite Hoag Memorial Hospital; zoned A -P. R ort from the Planning Department, was presented. Letter rom Cecil G. and Lois 0. Zaun in opposition to the r uest, was presented. Letter from k Lido, Ltd., requesting withdrawal of Use Permit 2 1, in order to further study alternate plans, s presented. Letter from Sharon Ree concerned about the in- creased traffic generate by proposed building in the Park Lido complex, was resented. The City Clerk reported that a r printing of the agenda, a letter was received fro James Dodge, Architect, responding to issues con 'ned within the Circulation /Transportation section f the project. Dennis O'Neil, Attorney representing the App 'cant stated that on behalf of the Applicant, they wl ed to withdraw their request for a Use Permit, as we as, the Traffic Phasing Study at this time. Motion x Granted request to withdraw Use Permit No. 2021, All Ayes and the Traffic Study in connection with the re- quest of Park Lido, Ltd. Volume 36 - Page 62 c- k CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK )714) 640 -2251 June 8, 1983 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is the executed original Off -Site Parking Agreement between the City of Newport Beach and Carmelo Manto for the La Strada Restaurant located at 3520 E. Coast Highway in Corona del Mar. The Agreement was authorized by.the City Council of Newport Beach on February 22, 1982. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr attachment City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH MEMORANDUM From office of the city clerk To -- - - -- --Bill ... Laye."k ...................... .......... I ....... ..... .. ...... Octobe.- r-.13 .......... ........ . 19 ------------- .... Y. Plasse let us know the status of the Off-Site Parking Agr mement Between the City, and-Carmalo Manto (DRA La Strada Restaurant). Said Agreer mmt was approved by C tyl.Counell an February 22, 1982 and our department -has Y�4 t to receive this f* recordation. Thank-you► R*PlYwaQtw RK rAt neceenry 0 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No.- CALIFORNIA City Ilan 3300 W. Newport Blvd, Area Code 714 Description of Contract C)ff_SitP Parking AgrApment Authorized by Resolution No. �� r;r ��o2 r] , adopted on i„ r Effective date of Contract i,n,,,ry31980 Contract with Carmelo Uanto pr •' e Amount of Contract Sep AgrpPrrg-nt City Clerk RECORDING REQUESTED BY AND H K I J 4 b % !'(j / Do. WHEN RECORDED RE'T'URN TO: 13489 , IH OFFIMAL RF -CORDS City Clerk OF ORANGE COUNTY, CALIFORNIA 3300 Newport Boulevard EXEMPT SO min. � p�,�q� �1, 190 Newport Beach, CA 92663 C 2 !EE A, BRANCH, County Recorder Pursuant to Gov't Code 61M ace Above This Line for Recorder's Use Only the City of N1/1 ewpo t Beach requests fre re r ' ti e OFF-SITE PARKING AGREEMENT ep. Cit Clerk (Carmelo Manto - 3520 E. Coast Highway, Corona del Mar) THIS AGREEMENT is made and entered into this ; day of _ , 19 96 , between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City," and CARMELO MANTO, hereinafter referred to as "Lessee." W I T N E S S E T H WHEREAS, Carmelo Manto is the lessee of that certain real property located in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: Parcel l: Lot 3 and the Southeasterly one-half of Lot 2 in Block "U" of Tract 323, as shown on a map recorded in Book 14, pages 40 and 41 of Miscellaneous Maps, records of Orange County. hereinafter referred to as Parcel "A". WHEREAS, Lessee plans to open a restaurant business located on the above-described property, 3520 East Coast Highway, Corona del Mar. WHEREAS, the Newport Beach Municipal Code requires a total of thirty-three (33) parking spaces for off-street auto- mobile parking for use of its employees and business invitees. WHEREAS, Lessee has entered into an Agreement with United California Bank as Trustees for the use of a parking lot at 409 Orchid, Corona del Mar, more fully described as follows: Lots 1, 3 and the North 15 feet of Lot 5 in Block 441, of Corona del Mar, Newport Beach, Orange County, in Book 3, pages 41 and 42 of Miscellaneous Maps, records of said County. AiF A copy of said Agreement is attached hereto and marked Exhibit-__ ,gyp n An • yam! ' `��f� IM BK 13466 PG 76G WHEREAS, Lessee has entered into an agreement with the United States Postal Service for the use of four (4) parking spaces at 410 Orchid, Corona del Mar, more fully described as follows: Lot 4 of Block 442 of Corona del Mar, Newport Beach, Orange County. Said spaces will be utilized between the hours of 5:00 P.M. and 12:00 P.M. on any day, a copy of which agreement letter is attached as "Exhibit B". WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of June 7, 1979, considered the off-site parking agreement with United California Bank in conjunction with consideration of an Application for Use Permit No. 1908 by Lessee to open a restaurant facility and recommended approval of the Off -Street Parking Agreement to the City Council of the City of Newport Beach, which recommendation had attached a condition that Lessee procure use of four (4) more parking spaces. WHEREAS, Lessee has satisfied the aforementioned condition. WHEREAS, the City Council at its meeting of July 10, 1979, considered the provisions of Section 20.3aO35D of the Newport Beach Municipal Code and determined that the off-street parking agreement with United California Bank should be approved, subject to the condition that Lessee procure use of four (4) more parking spaces, which condition has been satisfied. NOW, THEREFORE, in consideration of the foregoing, IT IS AGREED by and between the parties hereto as follows: 1. For so long as the building located on Parcel "A" is used as a restaurant facility, Lessee will lease a total of thirty-three (33) parking spaces, twenty-nine (29) on the property located at 409 Orchid, Corona del Mar, California, and four (4) on the property located at 410 Orchid, Corona del Mar, California, leased from United California Bank and the United States Postal Service respectively. Lessee will provide -2- BK 13466 PG 770 the Director of Community Development of the City of Newport Beach a new or amended parking agreement ninety (90) days prior to the expiration of the parking agreement presently existing. 2. In the event that the use of thirty-three (33) off-street parking spaces as referred to in Paragraph 1 above should be terminated and lost to Lessee for any reason, Lessee will immediately thereafter obtain additional off-street parking spaces satisfactory to, and to be approved in writing by, the City. If the substitute parking spaces are not obtained, Lessee will reduce the capacity of said restaurant to a level which would comply with relevant City Municipal Code Sections for the number of parking spaces then retained. Loss of any or all of the use of parking spaces from either the agreement between Carmelo Manto and United California Bank, or between Manto and the United States Postal Service, will be sufficient to activate this Paragraph. 3. This agreement shall run with the property described as Parcel "A" and Parcel "B" 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. CITY OF NEWPORT BEACH, a Municipal Corporation By Mar,6r ATTEST: City Clerk CARMELO MANTO -3- STATE OF CALIFORNIA, COUNTY OF t ss. BK 13 4 6 6 p -G 7 7 1 ON before me, the undersigned, a Notary Public in and for said State, personally appeared r known to me, to be the person_ whose name_ subscribed to the within Instrument, and acknowledged to me that _he— executed the same. OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLIC CALlFORCJ!! ♦ � WITNESS my hand and official seal. a 7 PRINCIPAL OFFICE IN � ♦ ORANGE COUNTY � My Commission Expires Feb. 9, 1981 ` Notary Pubw in and for said State. BK 13466 PG 772 COMMERCIAL LEASE Y «ECE1i�FR N" 1 CITY AU R;'Wy IULIg197g�,.t Ciry OF Nq' Vpow a �1LJF Mn. 1. PARTIES ---THIS LEASE executed in duplicate at Santa Ana Cal' _ this . First dayof Februar ___betv„•eea Tins -to -mai orniaSolely as rustee of Ra nk a corporation organiz;.d under the la,.vs of the State of California_ Tri _S Nn Lt-21-D_0_Q75 -0( as Lessor and Carmelo Manto s Lessee. 2. PREhfISES•—That for and in consideration of the payment of rent and the performance of the covenants herein contained on the part of the Lessee, the Lessor does hereby lease unto the Lessee those certain premises in the City of Newport Beach , County of Orange State of California, described as follows: PARCEL.l: 3520 E. Coast Hwy. Corona del Mar, California PARCEL 2: 911 Orchid Ave. Corona del Mar, California LEGAL DESCRIPTIONS: PARCEL 1: Lot 3 and the Southeasterly one-half of Lot 2 in Block "U" of Tract 323, as shown on a map recorded in Book 14 pages 40 and 41 of Miscellaneous Maps, records of Orange County. PARCEL 2: Lots 1, 3 and 5 in Block 441, of Corona del Mar, Newport Beach, Orange County in Book 3 pages 41 and 42 of Miscellaneous Maps, records of said county. EXCEPTING therefrom the Northeasterly one-half of said Lot 5. subject to all present or future mortgages or deeds of trust affecting said premises. 3. TERNI—This lease shall be for a term of _ _ _ twenty years commencing on the First __day November 19 78 and en ging on the yrs first da of October , 19_x. ee aragrap o.�, Sc,edule A attachyed hereto and made a part hereof. 4. USE—Tbe said premises shall be used for related and compatible uses to C-1 zoning in Corona del Mar. California --Restaurant and for no other purposes, it being particularly understood and agreed that the Lessee will not do or permit others to do anything which would constitute a violation of any conditions or restrictions of record affecting said premises. 5. RENTAL—The Lessee agrees to pay to the Lessor as rental for the premises the sum of Seven Hundred Twent; Thousand & 0OW%xs ($,,720, 000) Mawful money of the United States in monthly instalments of Three Thousand &00/100dollars ($3000.00 payable in advance on the lstday of each and every calendar month during the twenty year lease ------------------------------------ term See Paragraph No. 39, Schedule "A" See Paragraph No. 40, Schedule "A" and the Lessee agrees to pay all rents to the Lessor at its Santa Ana office now located at -U18 N _ Ma ii Street, Santa Ana,, , California or at such other place that the Lessor may designate. 6. UTILITIES—The Lessee shall pay before delinquency all water rates, rents or charges, all electric, gas or other light- ing or heating charges and each and every utility charge, Iien or expense accruing or payable hereafter in connection with the said premises. 7. PERFOR;ILANCE BY LESSEE—It is further expressly understood and agreed that each and all of the provisions of this lease are conditions to be faithfully and fully performed and observed by the said Lessee to entitle Lessee to continue in possession of said premises hereunder and that if any default be made either in the payment of rent or in observance, payment or performance of any of the provisions, terms or conditions hereof then at the option of the Lessor, the Lessee shall be deemed to have forfeited all rights herein and this lease shall at once terminate and be at an end and the Lessor, its successors or assigns, may thereupon immediately re-enter and take possession of said premises and the whole thereof and remove all persons therefrom without giving any notice whatever to the said Lessee. It is hereby agreed that if this lease shall be terminated by the Lessor by reason of any breach thereof by the Lessee, the Lessor shall thereupon be entitled to recover from the Lessee the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in the lease for the remainder of the term over the then reasonable rental value of the premises for the remainder of the said term. It is further agreed that the rights of the Lessor under this paragraph shall be cumulative to all other rights or remedies now or hereafter given to the Lessor by law or the terms of this lease. 8. ASSIGN3iEN'T AND SLBLETTEG—The Lessee shall not assign this lease or any interest therein and shall not sublet the said premises or any part thereof or any right or privilege appurtenant thereto or suffer any other person (agents or employees of the Lessee excepted) to occupy or use the said premises or any portion thereof, without the written consent of the Lessor first had and obtained. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by any other person. Any such assignment or subletting without such consent shall be void and shall, at the option of the Lessor, terminate this lease. This lease shall not be, nor shall any interest therein be assignable as to the interest of Lessee, by operation of law, without the written consent of the Lessor. Lessor will not unreasonably w. th- hold approval and consent of any such assignment. See Paragraph 47. 9. IIOLDONT-R—If after the expiration of the term of this lease or any extensions or renewals thereof the Lessee rR-za71o'3o EXHIBIT A ''.13466PG 773 shall hold over with the consent of the Lessor, the tenancy shall be one from month to month only at the highest monthly rental theretofore paid but in all other respects subject to the terms and. conditions hereof. 10. WAIVER—The waiver by either the Lessor or the Lessee of any of the covenants of this lease shall not be deemed a waiver of the rights of either the Lessor or the Lessee to enforce the same or any other covenant herein. The rights and remedies given to the Lessor and the Lessee hereunder shall be in addition to and not in lieu of any right or remedy provided by law. 11. NOTICES --Whenever the de!ivery or service of a notice from one party to the other as herein provided shall become necessary or convenient by virtue of any of the provisions hereof, such service may be made by personal delivery or at the option of the serving party in the following manner: Upon the Lessor, lea' ._x��2x�c�;, ���cta,-V,t '/cern ie� mail return receip rejusstec by mailing such notice by i� x�to the sus epar ment office of the 1018 N. Main St. Lessor}in the City of Santa Ana , State of California or such other place as the Lessor may desig- nate to the Lessee in writing. Upon the Lessee, by Ieaving of a notice addressed to the Lessee at the demised premises in the City of Newport Beach certified mail reurn receipt requested State of California or the mailing such notice. by `g2CZru�'�o the same address. Unless personal service is made the service shall be deemed complete from the time that the respective notices have been left or mailed. 12. ATTO:LNEY FEES ---In the event any action or proceeding brought by either the Lessor or the Lessee under this Iease, the prevailing party in such action shall be entitled to cover costs therein and such amount as a court of competent jurisdiction may judge reasonable as attorney fees. o 13. 1 DEN1N`1FICA'TION OF LESSOR—The Lessee, as a material part of the consideration to be rendered Lessor, hereby waives all claims against Lessor for damages to goods, wares and merchandise and all other personal property in, upon or about said premises and for injuries to persons in or about said premises from any cause at any time and Lessee shall hold Lessor exempt and harmless from any damages or injuries to any person or to the goods, wares and merchan- dise and all other personal property of any person, arising from the uses of the premises by Lessee or from the failure of Lessee to keep the premises in good condition and repairs as herein provided. o 14. EXCULPATION—It is understood that the Lessor is executing this Iease in its fiduciary capacity and Lessor in its individual corporate capacity is not and shall not be liable, directly or indirectly, under or by execution of this lease. The_ rights and claims of Lessee shall be Iimited exclusively to such rights that Lessee may have against the trust estate repre- sented herein by the Lessor. 15. DEFENM. ON OF TERMS --The term "Lessee" herein shall be construed as singular or plural accordingly as one or more persons exedute the same as Lessee. The masculine shall be construed as feminine or neuter as the context may require and if more than one person executes this instrument as Lessee, their obligation hereunder shall be joint and several. 16. REPAIRS ---The Lessee agrees that he will at his own expense make all repairs necessary to keep said premises and the appurtenances and every part thereof in the same good order and condition as they now areas K;i;iXxds including but not limited to interior and exterior painting and decorating and plumbing and electrical repairs. Such repairs shall include the replacement at Lessee's expense of all damaged plate glass, window glass and door glass. Lessee will also keep the streets and adjoining alleys and the whole of said premises and adjoining premises of Lessor in a clean and healthy condition according to the City Ordinances and as directed by the proper public officials during the terms of this lease and that at the end of the term or other expiration of this lease either by operation of law or for failure to comply with the provisions hereof or any of them, will deliver and yield up said premises to the Lessor in like good condition and repair. The Lessor shall not be called upon to make any repairs or improvements whatsoever on said premises or any part thereof or the appurtenances thereto nor be liable or accountable for any injury or damage that may result to persons or property by reason of any defect in the construction or condition of said r)remises on its appurtenances including all plumbing in, upon, about or under said premises or any present or future lack of repair thereof, whether such defects or lack of repair be known or unknown to either of the parties hereto nor for any Ioss or damage that may be occasioned by storms, rains or leakage in the roofs or other portions of said premises nor for any damage arising from any act or neglect of any co -tenant or other occupant of the same building or of any owner or occunant of adjacent or contiguous property. And it is further expressly agreed that if the said Lessee shall fail to make such repairs or shall in any manner fail to perform the covenants hereof, then the said Lessor may at its option (but this shall not be deemed to create any obligation upon the part of the Lessor so to do nor in any manner affect the obligation of the Lessee) enter upon the said premises and repair the same as in its judgment may be necessary and the costs and expenses of such repair shall become due and payaole by the Lessee on the first day of the succeedin'g month of the term and shall be included in the amount of rent to be then Paid and if not so paid this lease may at the option of the Lessor, be terminated in the same manner as for nonpayment of rent. 17. ABA DON-MENT—It is further expressly agreed that should said premises be abandoned by Lessee or be vacant at the time of the installments of rent, as herein provided to be paid, become due and payable and such rent remains unpaid for a period of five (5) days. Lessor may at its option and without notice to Lessee, re -rent said premises for and on the account of Lessee for the full remaining period of this lease or any shorter period and apply any and all money's so received to the credit of said Lessee for rent due hereunder. No such taking possession or re -resting shall be con- strued as a termination of this lea e or a release of said Lessee from any obligat>on contained herein especially from the obligation to pay the rental herein provdc I' during the full term of this leas:,. 18. SECURITY DEPOSI-I'—It is agreed that the Lessee shall deposit with the Lessor in addition to the rent herein reserved, as security for faithful performance by the Lessee, the sun, of S_ 3000.. 00 receipt of which is hereby aci•:nowledged by the Lessor. If the Lessee shall pay the rent herein reserved when the same becomes due here- under and shall well and truly perform and observe all of the covenants and agreements on his part to be performed and observed during the entire term of this lease and this lease shall not be terminated by the re-entry of.the Lessor as herein provided during this tease terms. then the Lessor will -refund to the Lessee the said sum of S 3000. OO __ ____without interest, provided that the Lessee surrenders the said premises to the Lessor in a good and clean cnnc!ition as provided h�reinbcfnre. In the event that the Lessor shall sell the real property upon which said premises are !ecac•�il. the Lesser shall :ran<fcr and de!iver to the purchaser of said real property, the said security deposit and ther.- upon b �i c!, _<_a from any furth .. liability xith reference to said deposit. Shall at his sole Coit art! exp ..rc _...;n -:..._)I 3whnr':ics now In fore.- -; `•%h;ch -may he�ecf'cr _ in fkr,_ •,'r- �_C:.. all law; IIO ;gnu r `n the us or :he pre:1now� in f�.rec or i;;;rC.in,iitie in force. The judgment of any court of competent jurisdiction or the admission of Lessee in any action or nm.', - ?ire -i-iint. Lessee. whether Les or he a party their p at t 1�ssee has violated any such law in the use of BK 13466 PG. 774 3nv !0 .-. "-,n Of or Insnivency h: 1- "-' Ctt 1' -- t:; h_ .Ii7:ss or a5sc:s of the Letts sl" J Ce Ponted Lnd not disc?i:!rr .d � !ii (1 r) j days r.t..; a% or attu_ninent !,hall be 12-.'iet! _!pon'thf. leas cr !he F3� !r t •-'}n the bus ss u!:,,__.. chold in e_t of e Lcs. c _Y inc_ c_iir C L 1, de:ai,,cd arc:r.is:-s and shall not be re'cascd ten (10) days after the lctiy or if any s_ le or atter npted sale of the interest'icreby created shall he mad- under and by virtue of any execution or other judicial process or order, the L_ --__3r shall Lave the ri(,ht to imniediately terminate this lease and no person, firm or corporation, shall acquire any in:=-_st therein by virtue of said execution or other judicial process and no right sh 11 b-� cox`erred to use. o.cupy or possess l"e demised premises by virtue thereof. All references to ten �10� days in this Paragraph (2C are changed to thirty (30) days. 21. COMPLETE AGREE:ME:`T—It is expressly understood that this lease contains all the terms, covenants, warraa`in and a,reements of the parties relating in any manner to the rental and use and occupancy of the leased premises and that no prior agreement or understanding pertaining to the same shall be valid and that the terms, covenants, conditions and provisions of this lease cannot be altered, changed, modified or added to except in ;writing signed by the parties hereto. 22. POSSESSION—It is agreed between the parties liereto as follows. I€ Lessor for any reason whatsoever cannot deliver possession of the said premises to Lessee at the commencement of the said term as provided herein, this lease shall not be void or voidable nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom but in that event, there shall be a proportionate deduction of rent covering the period between the commenceinent of the said to un and the date when Lessor can deliver possession. 23. SURRENDER OF LEASE—The voluntary or other surrender of this lease by Lessee shall at the option of the Lessor, terminate all or any existing subleases or subtenancies or may at the option of the Lessor, operate as an assignment to the Lessor of any or all such subleases or subtenancies. 24. FREE FROM LIENS—The Lessee shall keep the demised premises and the property in which the demised premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by the Lessee. The Lessor reserves the right of inspection of any such work being done both during the progress of the work and after the work has been completed. The Lessor also reserves the right of posting such notices as may be deemed necessary to protect itself and the demised premises against any liens which may be filed of record: 25. CONDITION OF PREMISES—The Lessee covenants and agrees that he has examu-ied and knows the condition of said premises and every part thereof and has received the same in good order and repair (unless herein otherwise specified) and that no statements or representations as to ne cononion or repair o sal remises have been made by the Lessor or any person for the Lessor, prior to or eontemVoraneously with the execution of this lease. See Para aph No. 41 Schedule "A' 26. USES P10MITED—The Lessee shall not keep on said premises any gasoline, distillate or any kind of petro- leum product or combustible substance for use for heating, lighting or other purposes nor allow said premises to be used for any purpose other than that herein specified nor allow the said premises or any part thereof to be used as living quarters by any person and will not use nor allow toe use e streets andsictewafks aadjoining sai3 prestsessr i e sate ot goods or the carrying on of any business. Lessee will not permit said premises to be used for any unlawful pur- pose that will injure the reputation of the same or of the building of which they are a part, except by written consent of the Lessor. Any alterations or additions to said premises which may be permitted shall remain for the benefit of the Lessor unless other;vise agreed by the Lessor. See Paragraph No 42 Schedule "A" 27. FOR SALE OR FOR RE\Y SIGNS—The Lessor reserves to itself the right to post in a conspicuous place on the exterior of the said premises a "For Sale" or a "For Rent" sign ninety (90) days prior to the expiration of the terms of this lease. 28. ALTERATIONS—If during the term hereof any alterations, additions or improvements as distinguished from repairs or renewals shall be required in or to the demised premises or the equipment thereof by any laws, ordinances or regu- lations the same shall be done by and the expense borne a&rm by the Lessee. (a) If such alterations, additions or improvements are required solely because of the particular use to which the Lessee puts the said premises, then such alterations, additions or improvements shall be made at the Lessee's own cost but under the supervision of the Lessor. (b) In all other cases Lessor shall make such alterations or improvements at its own expense and from the time same are completed the Lessee agrees to pay as additional rent for said premises during the remainder of the term of this lease one percent (1%) per month of the total cost of such alterations, additions or improvements. See Paragraph No. 43 & 43. 1, Schedule "A" 29. DESTRUMON OF PREAUSES--If the building in which the demised premises are situated is destroyed by fire, earthquake or any other cause or is partially destroyed so as to render the premises hereby leased wholly unfit for occupancy or if the demised premises shall be so badly injured that they cannot be repaired within one hundred twenty (120) days after the happening of the injury, then this lease shall cease and become null and void from the date of such damage and destruction and Lessee shall at once surrender the said premises and all interest therein to the Lessor and shall not be Iiable for any payments of rental thereafter accruing. If the partial destruction due to such fire or the elements be not of sufficient magnitude to terminate this lease as aforesaid, then the Lessor -may re-enter and repossess such portion of said premises as may be required to make the necessary repairs and if said premises shall be repairable within one hundred twenty (120) days from the happening of said injury, a proper allowance upon the rent of said premises shall be made in view of the time consumed in making said repairs but it is expressly understood and agreed that the Lessee shall in no case be entitled to compensation or damages on account of any inconvenience or annoyance in making said repairs or on account of such destruction on account of fire, earthquake or action of the elements and no allowance or deduction from the rent herein provided for shall be made for any partial destruction of said premises which does not prevent the Lessee from carrying on business as usual. 30. ENTRY BY LESSOR—The right is reserved to the Lessor, its agents or workmen to enter at any and all times upon any part of the premises hereby demised for the purpose of inspecting the same and of making any repairs which it may deem necessary for the protection or preservation of the building or its appurtenances, to close any private alley or passageway adjacent to or abutting on the demised premises, to alter the building of which the demised premises are a part or add thereto and for that purpose to erect scaffolding and necessary structures. The Lessee shall not in any of such events claim or be allowed or paid any damages for any injury or inconvenience sustained thereby. 31. TAXES—Real property taxes and street assessments shall be paid by the Lessor, except that if, during the term of this lease, real property taxes assessed to the land legally described as: See Pararahs No. 44 &_4-1. Schedule"A" _ and the improvements thereon (of which the hereinbefore described premises are a part) increase to a sum in excess of taxes paid for the fiscal year then the Lessee shall pay forthwith to the Lessor— r'c of such excess sum within ten (10) days of receipt of notice from the Lessor to the Lessee of the amount so to be paid. f` ^ •~�' d `t� .�� tat 6, -PG 7 7 5 xK -34-B 32. FIRE INSURANCE—In the event that during the term of this lease the use and occupancy of the said premises increases the cost of premiums for fire and other hazard coverages, then the Lessee shall pay the amount of such excess cost to the Lessor within ten (10) days of receipt of notice thereof from the Lessor to the Lessee. See Paragraphs No. 45 & 45.1, Schedule "A" 33. PEMNUTS--The Lessee shall obtain at his expense, all permits required b governmental agencies by reason of his use and occupancy of the said premises- The Lessee shall make at his expense, 51 repairs, changes and alterations required by governmental agencies by reason of the Lessee's use and occupancy of the said premises. 34. EMINENT DO-NLANN—If all or any part of the premise's shall be taken or appropriated by any public or quasi - public authority under the power of *eminent domain, either party hereto shall have the right, at its option, to terminate this lease and Lessor shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such public or quasi -public use or purpose and Lessee shall have no claim against Lessor for the value of any unexpir6d term of tbislease. If a part of the premises shall be so taken or appropriated and neither party hereto shall elect to terminate this lease, the, ental thereafter to be paid shall be equitably reduced. Before Lessee'may terminate this lease by reason of taking or appropriation, as above -provided, such taking or appropriation shall be of such an extent or nature as to substantially handicap, impede or impair Lessee's use of the premises. If any part of the building other than the premises shall be so taken or appropriated, Lessor shall have the right at its option, to terminate this lease and shall be entitled to the entire award as above provided. In such case Lessee shall have no claim against Lessor .for the value of any unexpired term of this lease. 35. INSTALLATIONS—The Lessee shall remove, at his expense, at the option of the Lessor', at the end of this lease term its 'earlier termination or at the'expiration - of any extensions or renewals_ thereof, _all equipment --and" histallations-' attached to the said premises by him. The Lessee shall repair at his expense. all damage' caused by such removal and surrender the said premises to the Lessor in a good and clean'condition. f 36. LUBMITY UNSURANCE—The Lessee agrees to procure -and maintain during -the terrh of this lease at'his own' cost and expense, a-po licy. of insurance insuringinsuringLessor ' and Lessee from all claims, demands or actions for Nury'to or; one person in an death -or death of any amount of not less than $ 100, 000 00 and for injury or more than one person many on&-accide-nf io the fLit $ 300,000..00 r darna'ae"to'property in an amount.of not less than 100, 000.00 F made or on behalf of any person or persons, firm or corporation arising from, related to, or connected with -'the conduct and operation of Lessee's business in the ]eased* premises.' The Lessee shall deliver to. the Lessor upon execution hereof, a certificate of said policy and evidence of the payment of thep remiu M--' A .: -z4 7 37. TAX UPON RENTALS—The imposition 'of any tax upon rentals which may be imposed upon the Lessor by any governmental agency or authority during the term of this lease or any. extension thereof, on account of the rent reserved hereunder, shall for the purpose of this lease or any extension thereof, be deemed an ad valorem property tam and shall be paid by the Lessee to the Lessor as herein provided. 37-1 --See Parag"r"aph No. 46, Schedule "A OPTIONS. -?'-'IN WITNESS WHEREOF, the Lessor has hereunto 'caused its corporate name and seal to be hereuntd affixed by its proper officers thereunto duly authorized and the Lessee has duly executed the same in duplicate, the day and year first above written. LE�SO LESSEE 5 solely its Unite California Bank in fiduciary capacity as trustee under Trust M-21-75-0 and not in its indivi dual corporate 'capa -city. By I CCl and `Car me I o Manto -D. ice President 'R , y Harry,p� P�j A . 7 -7 By Lewis Baltz Benef iciary with right.' of Mithdrawal. SCHEDULE "A" LEASE DATED: February 1, 1979. LESSOR: United California Bank LESSEE: Carmelo Manto A13463pG 776 38. TERM --Lessee proposes extensive remodeling and refurbishing of the leased premises,. It is anticipated the remodeling activity will require approximately six (6) months to a year to completion.. Upon completion of the improvements (signified byLessee's receipt of an appropriate "Certificate of Occupancy") the Lease Term will be ammended by letter to reflect a commencement date coinciding with the completion date as defined herein. 39. RENTAL --During the -construction --period as -defined=-in -Paragraph 38, the monthly rental will be $650. per month. The $3000. monthly rental referred to in Paragraph 5 will commence as of the commencement date of the Lease Term as a mmended in accordance with the provisions of Para- graph 38. 40. RENTAL (Cost of Living Increase) --The provisions of Paragraph 5 not withstanding the said monthly rental shall be subject to adjustment in the manner hereinafter set forth: on the 5th anniversary of the rental commencement date and each five years thereafter throughout the remain- der of the term hereof, the Consumer Price Index for urban wage earners and clerical workers as published by the United States Department of Labor, Bureau of Labor Statistics, Long Beach -Los Angeles metropolitan area (1967-100), for said date shall be compared with said Index as of the rental commencement date. The percentage that said Index as of said date bears to the Index as of the rental commencement date shall be applied to the sum of $3,000.00 and the product, commencing with said date and for the ensuing five years rental payable, provided, however, in no event shall be less than $3,000.00. There shall be a five percent (5%) yearly ceiling on the said cost of living increases. For the purposes of this lease, if in the future said Index should be changed so that the base year differs from that used as of the rental commencement date, it shall be converted to the base year as of the commencement date. In the event said Index is discontinued or revised during the term of this lease, such other governmental Index or compu- tation with which it is replaced shall be deemed the basis of the recomp- utation. 40.1 RENTAL --To further clarify the provisions of Paragraph 40. (above): It is the intention of all parties to this Lease that the CPI increase shall be limited to a maximum 5% annual increase over the base year rent of $36,000 or $3000.00 per month. Thus the maximum rent (as stated as a monthly rent) for each five year period shall be as follows: a. Monthly rental, first five yearep riod: $33000.00 b. Monthly rental, second five yearep riod: $3,750.00 C. Monthly rental, third five year etiod: $4,687.50 d. Monthly rental, fourth five yearep riod: $5,858.69 It is further agreed that the above are maximum rents and, in the event that the CPI increase, for any five year period, should amount to less than a 5% annual increase, the monthly rentals will be reduced accordingly. 41. CONDITION received the acknowledges K 13466 PG OF PREMISES --In Paragraph No. 25, the words: "has same in good order and repair" are deleted and lessee that he accepts the premises in "as -is" condition. 777 42. USES PROHIBITED --In Paragraph No. 26, the words: "Nor allow the said premises or any part thereof to be used as living quarters by any person" are deleted. Lessee is specifically granted the right to allow such of his employees as he may designate to occupy, as living quarters, the apartments on the premises. 43. ALTERATIONS --In Paragraph No. 28, the words: "As follows" are deleted and the words "By the Lessee" are added. Subparagraphs (a) and (b) of Paragraph 28 are deleted in their entirity. 43.1 ALTERATIONS --Lessee proposes to make certain permanent.improvements to the premises, heretofor referred to in Paragraph 38. All such improve- ments shall -be done to Citi Code requirements and -to plans approved by Lessor prior to the commencement -of any -work. Lessee -will use state licensed contractors for the proposed alterations and will require said contractors to post appropriate performance bonds. Lessee further covenants to use due diligence in the supervision of said contractors to insure completion of the alterations in a reasonable and timely manner. 44. TAXES --Paragraph No. 31 is deleted in its entirity. Paragraph No. 44.1 is substituted therefor. 44.1 TAXES --Payment of Taxes. Lessee shall pay all real property taxes applicabletn the Premises during. the term of this lease. All such pay- ments shall be made at least ten (10) days priorto the delinquency date of such payment. Lessee shall promptly furnish Lessor with satisfactory evidence that such taxes have been paid. If any such taxes paid by Lessee shall cover any period of time prior to or after the expiration of the term hereof, Lessee's share of such taxes shall be equitably pro -rated to cover only the period of time within the tax fiscal year during which -this Lease shall be in effect, and Lessor shall reimburse Lessee to the extent required. If Lessee shall fail to pay any such taxes, Lessor shall have the right to pay the same, in which case Lessee shall repay such amount to Lessor with Lessee's next rent installment together with interest at the ra to of 10% annum. DEFINITION OF "REAL PROPERTY" TAX --As used herein, the term "real prop- erty tax" shall include any form of assessment, license fee, commercial rental tax levy, penalty, or tax (other than inheritance or estate taxes), imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof, as against any legal equitable interest of Lessor in the Premises or in the real property of which the Premises are a part, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Premises. PERSONAL PROPERTY TAXES --Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises or elsewhere. When possible, Lessee shall cause said trade fixtures, fur- nishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor. 45. FIRE INSURANCE --Paragraph No. 32 is deleted in its entirity. Paragraph 45.1 is substituted therefor. S 13466 PG 7/8 45.1 FIRE INSURANCE --Lessee shall, at his sole cost and expense, and for the benefit of the Lessor, carry and maintain fire and extended coverage insurance,covering the improvements now or hereafter placed upon the premises during the Lease term against loss or damage by fire and against loss or damage by other risks now or hereafter embraced by "extended coverage". The amount of said coverage shall, at all times, beaqual to full replacement costs of improvement now or hereafter placed upon subject premises during terms of this Lease. Lessor agrees that "Full replacement cost" shall be that amount determined by the fire insurance carrier under its policy and shall not be "actual cash value" less depreciation. The landlord shall be designated as "named insured" under any such policy and coverage must be placed in a stock fire and casualty insurance company acceptable to Lessor, 46. OPTIONS TO RENEW--Provided-Lessee has faithfully performed all of the terms and conditions of this---Lease---and--is --not -in -default -hereunder, Lessee -is hereby --granted the option --to renew ----this- Lease --or- two 'con- secutive five year terms from the date of expiration of the initial term of this Lease, upon the same terms and conditions as herein contained, except for the monthly rent which shall be mutually negotiated, at the beginning of each five year option, provided that Lessee shall notify Lessor in writing not less than two months prior to the date of termin- ation of this Lease of its intention to exercise this option. 46.1 OPTIONS TO RENEW --In the event the parties to this Lease are unable to mutually agree within 90 days to an acceptable monthly rent for either renewal period, each party (Lessor and Lessee) shall appoint an arbitrator, and the two arbitrators shall immediately appoint a third arbitrator. The three arbitrators thereupon shall decide upon an equitable monthly rental. The decision of the arbitrators shall be binding on the parties hereto. The charges for the services of the arbitrators shall be borne equally by both parties to the Lease. 46.2 OPTIONS TO RENEW --During any such arbitration period, as described in 46.1, the monthly rental shall be the same amount as specified in 40.1(d), i.e. $5,858.69. 47. ASSIGNMENT --Lessee is now in process of forming a corporation to operate the restaurant. Said corporation is to be Im own as Manto-Brady Enterprises, Inc. Without waiving any rights or options, as set forth in Paragraph 8 of this Lease, as such rights or options may apply to any assignments other than assignments by Carmelo Manto to Manto-Brady Enterprises, Inc., Lessor agrees herewith to approve an assignment of this Lease by Lessee to Manto-Brady Enterprises, Inc. Said agreement to assignment will be approved only upon presentation of proof to Lessor that Manto-Brady Enterprises, Inc, has been capitalized, either thru contributions to capital, or loans, in an amount of $250,000.00, and; b.) receipt of an affidavit showing each corporate principal's extent of participation in the capitalization and the identity of said principals. Lessor further agrees that, upon the execution of said assignment in accordance with the terms herein outlined, Carmelo Manto's personal liability under the terms of this Lease shall be exonerated. LESSOR LESSEE United California Bank solely i its fiduciary / ca acity as Trustee unAer Trust r4-21-75-0 and no in }tis _�ndivAd34alf ryorporpte capacity By D. McC and, Vice residerr5, arry A p ng, As,91stant Sec ry ary By Lewis Baltz, Beneficiary with right of Withdrawal. By i ?lo Manto ` 'K 13466 Po UNITED CALIFORNIA BANK 779 ORANGE COUNTY REGIONAL TRUST OFFICE • 1018 NORTH MAIN STREET - SANTA ANA, CALIFORNIA • 714/558-5411 MAILING ADDRESS: BOX 1739 • SANTA ANA, CALIFORNIA 92702 February 22, 1979 To All Concerned: Reference is made to that certain Lease dated February 1, 1979 by United California Bank, as Lessor, and Carmelo Manto, as Lessee, and the following items are herewith added to become a part herewith,of that referenced Lease, to be known."as Schedule B: 1. It is understood and agreed by all parties signing this Lease that said Lease is subject to termination if necessary entertainment, alcohol and/or business licenses cannot be obtained from the appropriate governmental agencies. To and until such termination is made, rental ($650.00 per month) will be payable. 2. Paragraph 44.1, third subparagraph, under Line 3, the following wording is herewith inserted; "Used in the restaurant business conducted by Lessee",after the word "Lessee" and before the word "contained". LESSOR United California Bank, solely in its fiduciary capacity as Trustee under Trust #4-21-75-0 and not in its ind3y: dual Siorp,�prate _capacity M LESSEE Byi D.M. McClell nd, Vice President `�armelo Manto Harry J. p g, scant e etary By Lewis Baltz, Beneficiary with right of. Withdrawal. LAW OFFICES EVEREiT AND YZURDIAuA DONALD J. EVERETT JOHN YZURDIA.GA By SCHEDULE "C" TO ALL CONCERNED: K 1 3466 pO 736 SUITE 400 WASHINGTON SQUARE 330 WASHINGTON STREET I MARINA DEL REY. CALIFORNIA 90291 TELEPHONE (2131 822-1873 Reference is made to that certain lease dated February 1, 1979, by UNITED CALIFORNIA BANK, Lessor, and CARMELO MANTO, as Lessee, and the following items are herewith added to become a part of that referenced Lease, to be known as Schedule C. 1.' Paragraph 39 "Rental". After the close of the last--sentence-,--Paragraph-39 shall read: In no event shall the monthly rental at $650.00 per month extend beyond February 28, 1980. On March 1, 1980, the monthly rental shall increase to $3,000.00 per month, unless the Certificate of Occupancy shall have been filed prior to March 1, 1980, in which event the monthly rental shall have already increased to $3,000.00 per month. Notwithstanding the above, in the event of a general construction strike, act of God, civil insurrection or work stoppage beyond the control of the lessee the monthly rental may remain at $650.00 per month beyond February 1, 1980, for a period not to exceed six months. 2. Notwithstanding any prior references in that document titled Commercial Lease or subsequent."schedules or addendums," the lease period shall begin on March 1, 1979. LESSOR United California Bank, solely in its fiduciary capacity as Trustee under Trust #4-21=75-0 and ohn YM'va, blApecial Pc Fger of Attorney forTZ, Beneficiary with Right of T.Ti 4-1,A--1 �{N181T !� LESSER / J3v rmelo Manto BK 13466 PG 781 I, Lewis Bali -�reby grant John Yzurc special power of attorney to execute a lease on the property located at 3520 E. Coast Highway, Corona del Mar, California, with Carmelo ;.canto as lessee, upon terms and conditions approved by John Yzurdiaga. This special power of attorney is to terminate on March 31, 1979. Lewis Baltz �e �f �xitfurnut S8 �-_--------_-__---------_- 't Ci'TSCEAT. S�',AL F' — ACKNOWLEDGMENT—General — On 14is --- 9 ......... day of-•---•?K�r(7....................................... A. D. 19__79. before me, June A. -Caresser __ a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- Lcwis Bnitz -----..................................... • :yam Pl�S1Jr: li�Lin�f au.; *----------------------------- M --••---------•-- Mi- Karl" count+ � known to me to be the person whose name----------------- * ame_.._.._1�...... ....... .....subscribed to the IN03rez. Nov. 8. 'A ?8) within Instrument, and acknowledged to me that he executed the same. E.;';':-S"-�4„•'^';6 Sr7?;�trrCbcrrr�.crra:?t,?r,rsr�ttr'•7-•.:1: . �Jn 9ifnQss 3VherPuf, 1 have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. ---•-•---•-- -. 12lotary Public in and for said County and State of Catjornia My Commission Expires ------- -•--GIdC�V�S�Cr_.-$t...1�i81 .............. .......... ......... --_--•---•-_--— Form GA — Sam Hopkins Legal Forms Printing Service, 2328 Fruitvale Ave., Oakland, Calif. 0 1 i RESOLUTION NO. 82-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING AN AMENDED OFF -SITE PARKING AGREEMENT WITH CARMELO MANTO IN CONJUNCTION WITH USE PERMIT NO. 1980 (LA STRADA RESTAURANT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain amended Off -Site Parking Agreement between the City of Newport Beach and Carmelo Manto in connection with Use Permit No. 1980 for La Strada Restaurant; and WHEREAS, the City Council has reviewed the terms and conditions of said amended Off -Site Parking Agreement and finds them to be satisfactory, and that it would be in the best interests of the City of Newport Beach to execute said amended Off -Site Parking Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the amended Off -Site Parking 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 _ day of FEB ?2 , 1982. Mayor ATTEST: City Clerk 022282 PR ,LpTES P057q H Y � N ' w _ m G - .+ USMAIL M LOS ANGELES FIELD OFFICE 370:SS:l;w Real Estate and Buildings Department U.S. Postal Service, Western Region Inglewood, CA 90311 August 7, 1979 Mr. Carmelo Manto dba Manto/Brady Enterprises Inc. c/o Alexander Bowie A Law Corporation 4920 Campus Drive Newport Beach, CA 92560 RE: Off -Site Parking for Restaurant to be Located at 3520 East Coast Highway, Newport Beach, CA Dear Mr. Manto: X 13466 PO 732 The United States Postal Service is the lessee of the property at 406 Orchid Avenue in Corona Del Mar and has control of the premises twenty-four hours a day. The Postal lease expires October 31, 1982. We have been advised that you wish to operate a restaurant at 3520 East Coast Highway in Corona Del Mar and would like to utilize four parking spaces at the Post Office after the business hours of the Post Office. It is our understanding that the restaurant will be open starting at 5:00 p.m. on weekdays and 5:00 p.m. on weekends. it is further understood that during the day you will allow postal employees and patrons of the Post Office to park across Orchid Avenue in the lot leased from the United California Bank at 911 Orchid Avenue. Under the foregoing terms and conditions we hereby authorize you to use four parking spaces at the Post Office from the date hereof, and continuing until the expiration date of said post office lease. fir ^ '` t , j' Au �> 177'79 s Off -Site Parking Newport Beach, CA Page 2 6K 13 4 6 6 p6 733 This office has indications that we will be renewing or extending this lease, in which event we would favorably consider the continuance of this arrangement. Please sign the original and a copy of this letter and return them to this office for concurrence. ., r By Davi Shirey Field Supervisor/Real Estate U.S. Postal Service By Carmelo Manto dba Manto/Brady Enterprises, Inc. cc: Clayton Bakke - MSC Manager Santa Ana Postmaster, Corona Del Mar i ' TO FROM: 0 City Council Meefig November 24, 1980 i 4"= Agenda Item No. H -2(c) (( daa7) NOV 24 7980 CITY OF NEWPORT BEACH By fhe CITY COUNCIL CITY OP NAT MACH SUBJECT: City Council Planning Department Off -Site Parking Agreement Request to accept an off -site parking agreement for fourteen parking spaces in accordance with a Con- dition of Approval for Use Permit No. 1908 (Amended) that permitted the expansion of the existing La Strada Restaurant with on -sale alcoholic beverages. LOCATION: A portion of Lot 2 and Lot 3, Block U, Tract No. 323, located at 3520 East Coast Highway, on the northeast- erly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue in Corona del Mar. ZONE: C -1 APPLICANT: Manto, Brady Enterprises, Inc. dbe La Strada, Laguna Niguel OWNER: Carmelo Manto, South Laguna Application This application requests the acceptance of an off -site parking agree- ment for a portion of the required parking in conjunction with the expansion of the existing La Strada Restaurant in Corona del Mar. In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the build- ing site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same owner- ship, or the owners of the building sites have a common ownership in such lot, and the owner or owners are en- titled to the immediate possession and use thereof T0: City Council - 2. (ownership of the off -site lot must be ownership in fee of a leasehold interest of a duration adequate to serve all proposed uses on the build- ing site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instru- ments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Department. Suggested Action If desired, adopt Resolution No. of an off -site parking agreement and Manto Brady Enterprises, dba authorizing the acceptance between the City of Newport Beach La Strada Restaurant. Planning Commission Recommendation At its meeting of November 6, 1980, the Planning Commission voted unanimously to approve Use Permit No. 1908 (Amended), to permit the expansion of the La Strada Restaurant, including the off -site parking arrangement for fourteen additional parking spaces for the restaurant use. Said approval was subject to the five Findings and ten Condi- tions of Approval as set forth inan excerpt of the draft Planning Commission minutes which is attached. Also attached for the infor- mation and review of the City Council is a copy of the Planning Commission Staff Report which fully describes the applicant's request. A petition signed by twenty -two residents and property owners adjacent to the restaurant facility is also attached for Council review. Said petition indicated that there was opposition to the expanded restaurant use unless specific conditions were in- cluded in the approval of this application. Said concerns of the residents and property owners have substantially been incorporated by the Planning Commission into the required Conditions of Approval. The Commission deleted the three off -site parking spaces proposed by the applicant to the rear of Eslary's Gourmet Market inasmuch as said spaces were not considered satisfactory. A total of forty - seven off -site parking spaces will therefore be provided for the expanded restaurant facility, consisting of the proposed fourteen parking spaces located on the Villa Sweden Restaurant site after 8:00 p.m. daily, and the thirty -three off -site parking spaces which have already been approved by the City Council (twenty -nine spaces TO: City Council - 3. at 409 Orchid Avenue, the former mortuary parking lot; and four spaces at 410 Orchid Avenue, the Post Office parking lot). One parking space for each 43 sq.ft. of "net public area" within the restaurant facility will be provided. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by WILL AM R. L YCO Current Planning Adm4rnistrator WRL /kk Attachments for City Council Only: Planning Commission Staff Report with Attachments Excerpt of Draft Planning Commission Minutes of 11/6/80 NOTE: A copy of the site plan and floor plan will be on display at the time of the City Council meeting. 9 0 Planning Commission Meeting November 6, 1980 Agenda Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM:' Planning Department SUBJECT: Use Permit No. 1908 (Amended) (Public Hearing) Request to amend an approved Use Permit so as to permit the expansion of the existing La Strada Restaurant with on -sale alcoholic beverages. The proposed development also requests the approval of an off -site parking agreement for the add- itional required parking spaces for the expanded restaurant use. LOCATION: A portion of Lot 2 and Lot 3, Block U, Tract No. 323, located at 3520 East Coast Highway, on the northeasterly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue in Corona del Mar. ZONE: C -1 APPLICANT: Manto, Brady Enterprises, Inc., dba La Strada, Laguna Niguel OWNER: Carmelo Manto, South Laguna Application The applicant is requesting an Amendment to a previously approved Use Permit that permited the operation of a restaurant facility with on -sale alcoholic beverages so as to expand the existing public dining areas in to a portion of the existing structure that had previously been used as storage area. The Use Permit procedures are outlined in Chapter 20.80 of the Municipal Code. This application also requests approval of an off -site parking agreement or the additional required parking spaces for the subject expanded resta- urant. In accordance with Section 20.30.035, D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off -site parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site area in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration -1- • T0: Item #1 Planning Commission -2. adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, pro - viding for the maintenance of the required off - street park- ing on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the require- ments of the California Environmental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and service Commercial" and "Administrative, Professional and Financial Commercial" uses. The proposed restaurant falls within the permitted uses which are supportive of the predominant uses. Subject Property and Surrounding Land Use The subject restaurant facility is located in the former Baltz Mortuary building on the subject property. To the northeast, across a 14 foot alley, is an off -site parking lot for the existing restaurant use, an off -site parking lot for an adjacent commercial building on East Coast Highway, and a two -car garage; to the southeast, is the Villa Sweden Resta- urant complex and related offstreet parking spaces; to the southwest, across East Coast Highway, are mixed commercial uses; and to the northwest, is the Van's Cleaners facility. Background At its meeting of November 18, 1954, the Planning Commission approved Use Permit No. 160 that permitted the use of an R -2 lot directly across a 14 foot wide alley from the Baltz Mortuary facility as an off -site parking lot. The one condition of approval provided that "parking is for free use by Baltz Mortuary customers ". On May 21, 1964, the Planning Commission also approved Use Permit No. 1044 that permitted an additional off -site parking lot in the R -2 District for the mortuary use. Said lot adjoins the original parking lot approved by the Commission in 1954. The following conditions of approval were required in conjunction with the request: That the small house be removed. That the lot be paved. TO: • Planning Commission -3. Ttam N1 3. That a layout of the lot be presented for approval of the Planning and Public Works Department and a landscaping plan be sent to the Parks, Beaches and Recreation Department. 4. A 6' concrete block wall to be erected along the northerly pro- perty line to within 20' of the front property line and a 3' wall along the same line within 20' front yard setback. 5. That bumpers be provided. The applicant submitted a request in June of 1979, to convert the vacant mortuary building to a restaurant facility with on -sale alcoholic bever- ages. The original restaurant plans, as submitted, indicated a total of 1713 square feet of net public area, which required 43 parking spaces, based upon the city requirement of 1 space for each 40 square feet of net public area. In order to provide the required number of parking spaces, off -site parking agreements were to be obtained and approved by both the Planning Commission and City Council. The location and number of spaces of the proposed offsite parking spaces were: 29 spaces at 409 Orchid Avenue (former mortuary parkin lot) 4 spaces at 410 Orchid Avenue (Post Office parking lot 10 spaces at 3600 East Coast Highway (Shell Service Station site) 43 TOTAL At is meeting of June 7, 1979, the Planning Commission voted unanimously to approve Use Permit No. 1908, including the proposed off -site parking arrangement, with the findings and subject to the conditions as follows: 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, pro- viding that adequate off - street parking spaces are provided. 3. That the off -site parking lots are so located to be useful to the proposed restaurant use. 4. That the'off -site parking spaces will not create undue traffic hazards in the surrounding area. 5. That the applicant is a long -term lessee of the subject off -site park- ing lots. 6. The City Traffic Engineer has approved the proposed off -site parking arrangement. 7. The approval of Use Permit No. 1908 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working.in the neighborhood or be detrimental or injurious to property and improve- TO: Planning Commission -4. Item #1 ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans, floor plans and elevations, except as noted below. 2. That the parallel parking spaces adjacent to the alley to the rear of the restaurant site shall be set back at least four feet from the alley right -of -way. 3. That the required five foot rear yard setback on the offsite park- ing lot on Orchid Avenue shall remain open and unobstructed. Land- scaping shall also not be permitted in said area. 4. That a minimum of one parking space /40 sq.ft. of "net public area' shall be provided. 5. That an off -site parking agreement shall be approved by the City Council for the duration of the restaurant use on the property in question and that the off -site parking be confined to the site of the former mortuary parking lot, and the sites of the Shell Station and Post Office. The parking lot on the Shell Station need not be striped. 6. That parking attendants shall be provided to park automobiles of restaurant customers at all times during regular business hours. 7. That the restaurant operation shall not open for business prior to 5:00 p.m., Monday through Friday, and shall be closed by 11:00 p.m. Sunday through Thursday and by 12:00 a.m. Friday and Saturday, un- less additional parking spaces are provided in an approved off -site location. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets and alleys. 9. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 10. That the existing parkway tree on East Coast Highwy, causing damage to the existing sidewalk, be removed and that the tree damaged side- walk be replaced. 11. That approximately 16 sq. ft. of displaced concrete sidewalk adjacent to the parking lot be replaced on Orchid Avenue just north of the alley. 12. That a resubdivision be filed to create one building site for the restaurant use. 13. That arrangements be made with the Public Works Department to guarantee the completion of improvements within the public right -of -way. 0 0 TO: Planning Commission -5. Item #1 At its meeting of July 10, 1979, the City Council adopted Resolution No. 9596 authorizing the Mayor and City Clerk to execute an off -site Parking Agreement between the City and Manto Brady Enterprises, Inc., dba La Strada, in conjunction with Use Permit No. 1908. The agreement that was signed pursuant to resolution No. 9596 called for 33 off -site parking spaces, where 43 spaces were required. (The 10 offstreet park- ing spaces to be located on the Shell Service Station property were not included in the approved agreement). Subsequent to the approval of Use permit No. 1908, Building Permits were issued and the remodeling began. However, prior to final inspection by the Building Department, it was discovered that an area designated as storage on the approved plans had been converted to public dining area. The applicant was informed by the Planning Department staff that if he should desire to utilize this former storage area for dining pur- poses, it would be necessary to first secure an Amendment to his previous- ly approved Use Permit obtain the required number of off -site parking spaces and have the off -site parking agreements approved by the City Council. Analysis The applicant is requesting an Amendment to the previously approved Use Permit so as to expand the public dining areas into areas previously used for storage. According to the plans submitted as a part of the original Use Permit application a total of 1713 sq.ft. of net public area was proposed, revised plans, including the area of expansion indicate. a total of 2,000 sq. ft. + of net public area in the restaurant facility. Based upon the City's parking requirement of one space for each 40 sq.ft. of net public area, a total of 50 spaces are required. The Planning Commission; pursuant to Section 20.30.035 B.(4) of the Municipal Code may increase or decrease the parking requirements of a restaurant with- in the range of 1 space per 30 sq.ft. (67 spaces) to 50 sq.ft. (40 spaces) of net public area. Staff feels that 1 space for each 40 square feet of net public area should be adequate since no dancing or live entertain- ment is proposed. ff -Site Parkin Under the terms of the existing off -site parking agreement between the applicant and the city, the applicant is required to provide not less than 33 off -site parking spaces; 29 of these spaces are provided at 409 Orchid Avenue, (the former mortuary parking lot), and 4 spaces at 410 Orchid Avenue, (Post Office parking lot). The applicant is propos- ing to enter into an agreement with the owner of the Villa Sweden Rest- aurant, 3536 East Coast Highway, for the use of 14 parking spaces at this location after 8:00 p.m. daily. Said agreement would be for a period of not less than three years with options to renew the authoriza- tion at the end of that period of time. In addition, the applicant proposes to enter into a similar agreement with the operator of Eslar;'s Gourmet Market, located at 3444 E. Coast Highway. This market shares parking spaces with Coco's Restaurant at the same address as well as an off -site parking lot across the alley TO: Planning Commission -6. Item #1 from the restaurant - market comnlex. After reviewing the parking require- ments for Coco's Restaurant (25 spaces), a total of 8 parking spaces would be available for the customers of the La Strada Restaurant after 6:00 p.m. however, only 3 of the said parking spaces would be needed to meet the restaurant's parking requirements of 50 spaces. The following information reflects the existing and proposed parking spaces for the expanded restaurant facility: 29 spaces (existing) 409 Orchid Avenue 4 spaces (existing) 410 Orchid Avenue 14 spaces (proposed) 3536 E. Coast Highway 3 spaces (proposed) 411 Narcissus Avenue TOTAL 50 Spaces The location of these off -site parking lots are indicated on the attached vicinity map. Staff is of the opinion that the parking requirements of the restaurant use will be met, providing that valet parking will be provided at all times during regular business hours. Specific Findings and Recommendations Section 20.80.060of the Newport Beach Municipal Code provides that in order to grant any Use Permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In accordance with Section 20.30.035 D of the Newport Beach Municipal Code, the Planning Commission shall not recomend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (a) Such lot is located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immedi- ate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, provding for the maintenance of the required off - street parking on such TO: Planning Commission -7. Item H1 lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or add- itional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Staff recommends approval of this request to amend Use Permit No. 1908 and also recommends that the proposed off -site parking agreement be forwarded to the City Council for approval. Should the Planning Comm- ission desire to approve this amendment to Use Permit No. 1908 and forward the proposed off -site parking agreement to the City Council, the findings and conditions of approval as set forth in Exhibit "A "are recommended. PLANNING DEPARTMENT JAMES D. HEWICKER, DIRECTOR By &AZ� A49n-n Chris Gustin Associate Planner CG /tk Attachments: Exhibit "A" Vicinity Map Excerpts from Planning Commission Minutes Letter from Villa Sweden Letter from Eslary's Gourmet Market Floor Plan 0 ! T0: Planning Commission -8. EXHIBIT "A" Findings and Conditions of Approval Use Permit 1908 (Amended) Findings: 1. That the proposed expansion is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have nay significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The required parkings spaces for,the proposed restaurant facility on separate lots from the building site is justifiable for the followina reasons: (a) The off -site parking lots adjoin the restaurant and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The applicant either has long term agreements for the use of the subject off -site parking lots during the evening hours of the week and on weekends or holidays when the restaurant will be in operation. (d) Valet parking will be provided at all times on the off -site parking lots during regular hours of operation of the restaurant use. 5. The approval of Use Permit No. 1908 (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 neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved floor plan. 2. That an off -site parking agreement be approved by the City Council, guaranteeing that a minimum of 14 parking spaces be provided on Lots 4 and 5, Block U, Tract No. 323 (Villa Sweden property) and that a minimum of 3 parking spaces be provided on Lots l and 3, Block 440, Corona del Mar (Eslary's Gourmet Market property), for the duration of the restaurant on the property in question, T0: Planning Commission -9. EXHIBIT "A" 3. That the existing off -site parking agreements which provide for 33 spaces be maintained. 4. That valet parking service be provided during the hours the restaurant facility is open. 5. That the revised floor plans shall be reviewed by the Building and Fire Departments and any necessary changes shall be made concerning exist and fire safety requirements. 6. That a minimum of one parking space /40 sq. ft. of "net public area" shall be provided. 7. That all remaining applicable conditions of Use Permit No. 1908 be fulfilled. I 'P S EE Sk�Gc.T PRa 14 14 SPACES 4 �I ~ 5 Es . F DISTRICTING MAP NEWPORT BEACH — CALIFORNIA • [-/ aMDwWlr /[slD[YrYY. ['/ rrnn.[ [[Maiwn� t-1 aMGtt rAYILi MJDpIIYL -I LI[Yr Corr[ /CI�� [-S DY /C[[ M![OMIW C -2 CENVAG C'irta[:Ia Y-1 MMTL WLTK[ 1•IST OIDMIIrI r r-1 YYYRCr:YN DIm, rn /y CDYM4016 Culler[ NY USC REie.Mir 08 (AMr-ob D) ROI lot eye be I- com,WSSIONERS � 9CSy u• �,p 1c GC O� 2 I ity Of Newpor"I Berl June 7, 1979 L CALL - INDEX Commissioner McLaughlin inquired as to the Coastal Commission's vacancy rat e, to whi -h Mr. Watson stat- ed that 5% was indie"ted, as determined by HUD. He then stated his- -understanding that the big issue is that if in fact you are going to axtract something out of t,)r rdevelopment that is for the benefit of the moderate income, an ordinance gust necessarily set to create a mechanism for doing so. ion Motion was made to continue the public hearing re- 5 XAV x x garding Amendment No. 529, Condominiuu Conversions, S x to follow the public hearing regarding Agenda Item No. 12. Request to establish a restaurant facility with on- Item #2 ale alcoholic beverages in the former Baltz Mor- tuary facility in the C -1 District. The proposal al SE PER - so requests the acceptance of an offsite parking a- ,M�j� reement for the required parking spaces in the for - -jTUE— er Baltz Mortuary parking lot at 409 Orchid Avenue in the R -2 District, and the Security Pacific Bank APPROVE[ parking lot at 327 Narcissus Avenue is the R -I Dis- CONDI- rict. TIONALLI Location: A portion of Lot 2 and Lot 3, Block U, Tract No. 323, located at 3520 East Coast Highway, or the northeast- erly side of East Coast Highway, be- tween Narcissus Avenue and Orchid Avenue in Corona del Mar. Zone: C -1 Applicant: Manto, Brady Enterprises, Inc., dba La Strada, Laguna %iguel Owner: United California 31ank as Trustee for Lola Bernice Baltz, Santa Ana In response to a question from Cormissioner Beek re- garding valet parking, Richard Ho-an, Community De- velopment Director, responded tha- tYa valet parkin was for the control and assured use of those parkin lots, and to assure the moverent :,' the cars to the parking lots and vacant parking spates. -3- COMMISSIONERS amity ©f NewpoTt Bach June 7, 1979 tOLI CA II The Public Hearing continued rega -ling this item Alex Bowie, representing the Applicant, appeared fore the Planning Commission to review a few aspe of the proposal, including parkin; available and hours of operation, as set forth in t ^e Staff Re- port, stating their intention of providing one pa ing space per 40 sq. ft. of restaurant area and e pressing his feeling that the 29 spaces behind th restaurant will take care of substantially all th seating capacity of 64 people; and if employees p in the offsite parking lot at Seclrity Pacific Ba that would leave 18 spaces for the small amount o overlap within the restaurant. He concluded by s Ling his concurrence with the conditions as set forth in the Staff Report. Rose Borrillo, 328 Narcissus Avenue, appeared bef the Planning Commission to state her opposition t the parking at 327 Narcissus Avenue in the bank p ing lot, as in 1969 when the bank needed extra pa ing, they-had agreed to a Use Perri It and that parl on that lot is already three R -1 ,ots deep into t residential area, and also that at that time they had agreed to the additional parking for the bank use only. Eugene Borer, Corona del Mar, appeared before the Planning'CoMmission to express his concern regard the hours of operation of the restaurant. ommissioner Cokas inquired whether they had rese hed possible off - premise parking on the other si f Pacific Coast Highway, to which Mr. Bowie resp ed that they had done so and that they felt the ite parking at Security Pacific Bank was more de irable. Lee Muir, Architect, Dana Point, stated that th had appeared before the Planning --cmmission to ii vestigate all parking on the same side of the st and that one of the lots investica.ed was co-.mit to the snack shop with a similar- rrangernent and that the Post Office uses the lot 4uring the day that is behind the restaurant r.00, that they hav . excess property and the owner of -gat property i also the owner of the Shell Station; and that th is parking at the Shell Station a -'_ trey had agr to provide the off -site parkins, =.it since one o the condit`;,ns for approval is that to parking be striped for parking, it would t=_ impractical have striping on the Shell Statio- property, he ?AINUTES 1 i INDEX t� l to -k- K- ark nk, f ta- Dre D ark rk- :ini he ing ar- de on- off ,y I- ,eet :ed are aed F lot to felt COMMISSIONERS • F, v� � O ?� v � } 2 �.ity Of NewpoTt Bt:ac i June 7, 1979 i0U CALL The Public Hearing continued rega -ling this item Alex Bowie, representing the Applicant, appeared I fore the Planning Commission to review a few aspei of the proposal, including Parkin; available and hours of operation, as set forth in t ^e Staff Re- port, stating their intention of lroviding one pai ing space per 40 sq. ft. of restaurant area and e: pressing his feeling that the 29 spaces behind thi restaurant will take care of substantially all tht seating capacity of 64 people; and if employees p in the offsite parking lot at Sec °lrity Pacific Bai that would leave 18 spaces for the small amount o overlap within the restaurant. He concluded by s' ting his concurrence with the conditions as set forth in the Staff Report. Rose Borrillo, 328 Narcissus Avenue, appeared beft the Planning Commission to state her opposition ti the parking at 327 Narcissus Avenue in the bank pi ing lot, as in 1969 when the bank needed extra pal ing, they had agreed to a Use Perr.it and that park on that lot is already three R -1 pots deep into tl residential area, and also that at that time they had agreed to the additional parking for the bank use only. Eugene Borer, Corona del Mar, appeared before the Planning'CoMmission to express his concern regard - the hours of operation of the restaurant. Commissioner Cokss inquired whether they had resei hed possible off - premise parking on the other sit of Pacific Coast Highway, to which Mr. Bowie resp( ed that they had done so and that they felt the I site parking at Security Pacific Eank was more de. arable. Lee Muir, Architect, Dana Point, stated that the had appeared before the Planning :cmmission to in vestigate all parking on the same side of the str and that one of the lots investica:ed was committ to the snack shop with a similar arrangement and that the Post Office uses the lot Luring the day that is behind the restaurant r.o», that they have excess property and the owner of : at property is also the owner of the Shell Station; and that the is parking at the Shell Station. :-' trey had agre to provide the off -site parkins, tut since one of the conditions for approval is that the parking 1 be striped for parking, it would te irpractical t have striping on the Shell Static- property, he f MINUTES In Ie •k I- I I Ilk :a r. Ir •k ii le ng ir- le In- Iff V aet ad .e ad )t alt INDEX 13 CowaiSSIONERS O,�SF,p City ©f Newport Beach June 7, 1979 ROIL CALL Commissioner Balalis suggested that the Planning Commission request that the Applicant use the ex- cess parking of the Shell Station and the Post Of fice, which would be much more appropriate. Richard Hogan, Community Development Director, co mented that the Valet Parking is a requirement of the Ordinance and that the Planning Commission could at their discretion eliminate that require- ment: Mr. Bowie then stated that they would be willing use the Shell Station and Post Office off -site pa ing in -lieu of the Security Pacific Bank parking. Mr. Hogan additionally commented that the require ments for striping the parking lot is a part of i off- street.parking standards that have been adopt by resolution of the City Council and that in mat the approval of an off -site parking lot, this is recommendation of the Planning Commission to the City Council that an off -site parking agreement 1 approved and the City Council then would have the right to approve an off -site parking agreement a! recommended by the Planning Commission, which col if -the Planning Commission so recommended, elimil the requirement for the striping if the Planning Commission felt that was appropriate for the Cit; and for that particular business. Motion Motion was made that the Planning Commission make el111 Ayes the following findings: 1. That the proposed use is consistent with th Land Use Element of the General Plan, and i, compatible with surrounding land uses. 2. The project will not have any significant e ronmental impact, providing :hat adequate o street parking spaces are provided. 3. That the off =site parking lots are so locat to be useful to the proposed restaurant use 4. That the off -site parking spaces will not create undue traffic hazards in the surroun ing area. -5- MINUTES INDEX m- to rk he ed in a e ild iat ivi- Ff- i ad GOMMiSSIONERS fs � F,p 2c 7G °y.g`�p ire 2 %L it J Of NewpoTt & -,ach June 7, 1979 ROIL CALL 5. That the applicant is a ionc -term lessee of the subject off -site parkins lots. 6. The City Traffic Engineer has approved the p posed off -site parking arrar..ge. -ent. 7. The approval of Use Permit no. 1909 will not under the circumstances of this case, be det mental to the health, safety, peace, morals, comfort and general welfare of persons resid ing and working in the neighborhood or be de trimental or injurious to property and imprc ments in the neighborhood or the general wel fare of the City. and approve Use Permit No. 1908, subject to the i lowing conditions: 1.. That development shall be in substantial coy formance with the approved plot plans, floor plarve and elevations, except as noted below. 2. That the parallel parking spaces adjacent t( E' the alley to the rear of the restaurant sit( shall be set back at least 4 feet from the i ley right -of -way. 3. That the required 5 foot rear yard setback i the off -site parking lot on Orchid Avenue sl remain open and unobstructed. Landscaping shall also not be permitted in said area. 4. That a minimum of one parking space /40 sq. of "net public area" shall be provided. 5. That an off -site parking agreement shall be proved by the City Council for the duration the restaurant use on the property in quest and that the off -site parking be confined ti the site of the former rortt;ary parking_ lot and the sites of the Shell Station and Post face. The parking lot on the Shell Station need not be striped. 6. That parking attendants shall be provided t park automobiles of resta::r =_nt customers at all times during regular tusiness hours. 7. That the restaurant operation shall not ope for E-,usiness prior to 5:00 p.m., Monday thr MINUTES i I I INDEX I ro , ri ve of in ia.l' `t. ,of ion Of 3ug IC0 &1.,11SSIONERS • • MINUTES s p }c�pcc June 7, 1979 ROIL G E- ill INDEX Friday, and shall close by :3:0'° p.a. Sunday through Thursday and by 1?:C7 a_-;. Friday and Saturday, unless additional * :)arkinq spaces are provided in an approved offste location. 8. That all mechanical equipmert and trash areas shall be screened from adjoininc properties and from adjoining streets and alleys. 9. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 0. That the existing parkway tree en East Coast Highway causing damage to the existing sidewal be removed and replaced as required by the De- partment of Parks, Beaches and recreation, and that the tree damaged sidewalk be replaced. 1. That approximately 16 sq. ft. o' displaced con crete sidewalk adjacent to the parking lot be replaced on Orchid Avenue just north of the alley. 2. That a resubdivision be filed to create one building site for the restaurant use. 3. That arrangements be made with the Public Work Department to guarantee tF.e completion of im- provements within the public riche -of -way. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. amend a previously app -oved site plan fo Item rto verI ills Federal Savin =s a -t L:an facility he prope so as to revise t'e E= prcved plans SITE ted to signs. PLAN - REVIEW Location: Lot 5, B W, 7r;ct %o. 323, loca- N0. ;4 ted at 3744 C_as: Nichway, on the northwester" - -r -er cf East APPROV Coast Highway anal .. - -or Street in ED CON Corona del Mar. DITION ALLY -7- VILLA SWEDEN 522 Main Street Huntington Beach, Ca 92648 October 3, 1980 Hugh Coffin, Esquire Accting City Attorney City of Newport Beach City Hall 3300 Newport Blvd Newport Beach, Ca Re: Off —site parking for Restaurant to be located at 3520 East Coast Highway, Newport Beach, Ca Dear Mr. Coffin: My neighbor, Mr. Carmelo Manto of La Strada Restaurant, mane an agreement with me to use fourteen parking spaces of our restaurant parking lot after 8:00 PM every day. (Please see my letter to you dated August 12, 1980). I close my restaurant every day (Tuesday thru Sunday) at 8:00 PM, and do a minimum amount of business in the evenings, at the most I have from 3 to 5 people in my restaurant until 9:00 PM. We are closed all day Monday. I understand a survey from the planning committee was taken on my restaurant and parking lot regarding the above. I gave authorization to Mr. Manto in good faith. If the planning committee wishes to make another survey regarding my premises I am sure this problem could be solved. Thank you. Very truly yours, 1 ; Ylyta Bicklund \cc: Mr. Laycock Al, w October 3, 1980 Hugh Coffin, Esquire Accting City Attorney City of Newport Beach City Hall 3300 Newport Blvd Newport Beach, Ca ESLARYS GOURMET MARKET 3444 E. Coast Highway Corona Del Mar, Ca 92625 Ret Off -site paring for Restaurant to be located at 3520 E. Coast Highway, Newport Beach, Ca Dear Mr. Coffin: This letter is regarding the letter I sent to you on September 23, 1980. I am the sub - leassee of Eslary's Gourmet Market at 3444 E. Coast Highway in Corona Del Mar. I have the authority to control the premises 24 hours a day. My lease is for 15 years. As of my knowledge I have 40% control of 34 parking spaces on my premises accordingly to my lease, this amounts to 13.6 parking spaces. I have given Mr. Carmelo Manto the authorization to use these 13.6 parking spaces (or whatever amount of spaces that the City says I have allotted to me) beginning at 6:00 ?M everyday for a period of not less than 3 years from the date hereof. Mr. Manto will have the option to renew this authorization at the end of 3.years. If you have any questions regarding the 40% control I have on the Parking please feel free to contact me at 675 -1353. Thank you. S Very truly yours, i I�rr. vcot Mr. Laycock OG� io Planning Chairman and Commission Members My name is Robert Stone. I reside at 414 Narcissus Avenue, Corona Del Mar. I am here this evening to speak on behalf of tZ families who live in close proximity to the La Strada Restaurant and off -site parking areas. We would like to urge the commission to deny the La Strada Use Permit Ammend- ment application, unless conditions of approval can be added to the Use Permit to mitigate the negative impacts of the restaurant expansion on ad- joining residential properties. The residents in attendance this evening supporting this position are: Nil+ P&", f�uslcn 414 l)o&ct%�c Ave- '(lb �i►l� �i �5 yz} We would like the Planning Commission to be aware of those problems already existing as a result of La Strada's operations. Employees are presently illegaly utilizing the parking lot at 412 Narcissus, and also park in front of residents homes on Narcissus Avenue. The noise created when employees leave the parking lot disturbs close by residents. This noise includes talking, yelling, and the roaring of engines as employees exit the lot. Employees parking on- street along Narcissus Avenue make a serious parking shortage worse. Local residents arrive home from work to find the parking in front of their homes taken by La Stradas employees. These employees were observed by various residents at one time or another and there is no question as to their identity because of their uniforms. One of the conditions of Use Permit 1908 was that the trash receptacles be screened from view from adjoining properties and streets or alleys. This condition has not been met. The trash receptacles remain unscreened to the dismay of local residents. The residents have discussed these problems and have carefully formulated a few short conditions that should be added to the Staff's to protect and maintain the residents' peace, health and safety. If these conditions are added to Use Permit 1908, this application for ammendment would become completely acceptable to those local residents living in the surrounding community whom I am representing. �a. • • CONDITIONS: 1. ALL OFF SITE PARKING AREAS REQUIRED FOR THE OPERATION OF LA STRADA MUST BE CLEARLY MARKED AS SUCH THAT THE STALLS ARE RESERVED FOR LA STRADA'S EXCLUSIVE USE DURING RESTAURANT'S OPERATING HOURS. This enables La Strada to better control these areas so motorists will not inadvertantly use La Strada's parking areas. If La Stradas parking areas are open, it increases the likelyhood of valets using them and not using unauthor- ized areas surrounding the restaurant facility or city streets. 2. ALL EMPLOYEE AND PATRON VEHICLES USE ONLY APPROVED ON AND OFF SITE PARKING LOCATIONS. VALET USE OF ON- STREET PARKING WOULD BE CONSIDERED A VIOLATION OF THIS CONDITION. This clearly protects residents from valets using street parking in front of their homes. Residents fear a situation such as that of the Five Crowns Restaurant on Poppy Avenue will occur if this condition is not written into the conditions of use. At that location, valets use 200 to 300 feet of Poppy Avenue during peek business hours causing a severe parking shortage there. Staff has stated that SO spaces should be sufficient to satisfy La Strada's parking needs, so this condition should not create problems for La Strada. If the parking areas should reach saturation, additional off site parking should be obtained by La Strada or new methods of parking should be adopted. 3. THE LANDSCAPING ON THE OFF SITE PARKING LOT AT 413 ORCHID MUST BE PROPERLY MAINTAINED. ALL LANDSCAPING SHOULD BE WATERED IN A MANNER SUFFICIENT TO MAINTAIN LIFE. No irrigation system was installed to maintain the landscaping and no effort to maintain this lot has been observed by residents, thus causing concern. Without care the landscaping installed at the location will soon cease to exist. 4. AMEND CONDITION 7 OF USE PERMIT 1908 TO DELETE THE PHRASE: "UNLESS ADDITIONAL PARKING SPACES ARE PROVIDED IN AN APPROVED OFF SITE LOCATION" Any change of hours for La Strada should require an additional public hearing. Late night noise and traffic beyond that already approved should be subject to additional public input. All residents are concerned about the restau- rant's ability to extend hours without local residents' approval. Adding this condition would lay to rest these concerns and apprehensions. Each one of these conditions was painstakingly developed after much thought. It is hoped that the Commission will carefully review and adopt these condi- tions in addition to Staff's recommended conditions. The local residents do not wish to interfere with La Stradas legitimite use of its property, but do feel that at the same time the peaceful nature of the community should be preserved. Thank You C-I 'The following residents and property owners are opposed to La Strada's application :for expansion unless the previous condi- tions are included in Use Permit 1908. IzeNi ?&e* "Ss4,, rf�c cDrr7. (V� MR/A 40-0 0, MON 0?014� '713 '�l(� �lz ,CJ�vlcr�v s mow` 4-t4- e &W oor � 131 �4►I��SZ�S . �-�in . A-ve_ CAM (V� MR/A 40-0 0, MON 0?014� '713 '�l(� �lz ,CJ�vlcr�v s mow` 4-t4- e &W oor � 131 �4►I��SZ�S . �-�in . ' COMMISSIONERS 104ovember 6, 1980 • MINUTES DRAFTS o W d D H X y. 3 City of Newport Beach ROLL CALL r7l I I I I INDEX Motion All Ayes P Commissioner McLaughlin stated that in voting for the motion, she had the understanding that Com- missioner Balalis definition of "not acceptable" was agreed upon. Commissioner Balalis suggested to the staff that he tape of the meeting to be checked for the mo 'on and the intent of the motion. Commiss7 er Beek stated that the words, "A bette solution ha to be found ", is included in the motion in the utes, yet it is not included in the current draft P. Motion was made to apprift4etthe Minutes of October 23, 1980, with the propose evision and sug- gestions of the Commission, w h MOTION CARRIED. Staff advised that Agenda Item No. 4, Resub- \ division No. 616, be withdrawn, as per the applicant's request. The Commission concurred. Request to amend an approved Use Permit so as to permit the expansion of the existing La Strada Restaurant with on -sale alcoholic beverages. The proposed development also requests the ap- proval of an off -site parking agreement for the additional required parking spaces for the ex- panded restaurant use. LOCATION: A portion of Lot 2 and Lot 3, Block U, Tract No. 323, located at 3520 East Coast. Highway, on the northeasterly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue in Corona del Mai ZONE: C -1 APPLICANT: Manto, Brady Enterprises, Inc., dba La Strada, Laguna Niguel OWNER: Carmelo Manto, South Laguna I -3- Item #1 USE PERMI NO. 1908 Amended APPROVED CONDI- TIONALLY COMMISSIONERS November 6, 1980 MINUTES iE DRAFT y x y N City of Newport Beach ROLL CALL INDEX Planning Director Hewicker stated that the appli- cant has asked that two additional off -site parking lots be considered; the parking lot behin Coco's Restaurant and Eslary's Gourmet Market and the Villa;Swedenl,parking : lot,:adjacent to La Strad Restaurant. Planning Director Hewicker stated that inasmuch as only three parking spaces.are needed in Coco's parking lot to meet the required parking for the expanded La Strada Restaurant, and inasmuch as Coco's parking lot is the most removed from the La Strada Restaurant, Planning Director Hewicker suggested that the Planning Commission not consid said lot as a satisfactory off -site parking loca- tion. Planning Director Hewic change Condition No. 2, to the three parking sp rant. Condition No. 6 provide that a minimum each 43 square feet of provided. In addition, added to the use permit all employees shall be off -site parking lots. cer stated that this would by deleting the reference ices behind Coco's Restau- Nould be changed so as to of one parking space for "net public area" shall be a condition should be which would provide that required to park on the Planning Director Hewicker stated that these changes would be consistent with the approval of other use permits throughout the City and are de- signed to solve the problem of employee parking on the street which is generally detrimental to adjoining residential uses. Commissioner Balalis asked staff how the minimum parking requirement is determined according to the Code. Planning Director Hewicker stated that generally, a typical dinner house serving alcoholic beverages, requires 1 parking space per 40 square feet of "net public area." The highest parking requirement of 1 parking space per 30 square feet of "net public area ", is re- quired for dancing or night club atmospheres, where there is a large amount of bar area in re- lationship to the amount of area devoted to dinin In cases where the menu and the atmostphere is mo -4- COMMISSIONERS November 6, 1980 MINUTES w 5 W W F (app p, J N JC V of Newport Beach DRAFT ROLL CALL I 11 I Jill I INDEX formal, 1 parking space per 50 square feet of "ne public area" is required, which is the lowest par ing requirement. In this particular case, it was determined that 1 parking space per 43 square fee of "net public area" would be adequate. Commissioner Allen asked staff why the extra thre parking spaces in the additional lot would not be a good idea. Planning Director Hewicker stated that the parking lot is adjacent to residential uses. A disturbance may be created when the em- ployees or patrons leave the parking lot in the evening hours. Commissioner Beek stated that if the lot is available and will probably be used in any event, the restaurant would use the lot without paying the owner for it. Planning Director Hewicker stated that this is a possibility, but in a case such as this, the City would not be a party to such an act. The public hearing was opened in connection with this item and Mr. Carmelo Manto, owner of the La Strada Restaurant, appeared before the Commission and stated that he concurred with the findings and conditions of the staff report. Mr. Robert Stone of Corona del Mar, representing 12 families who live in close proximity to the La.. Strada Restaurant, appeared before the Commission. Mr. Stone introduced to the Commission the resi- dents who were in attendance of the meeting. Mr. Stone stated that the Commission should be ma aware of the problems which already exist as a result of La Strada's operations. He stated that employees are presently illegally utilizing the parking lot at 412 Narcissus, and also park in front of residents homes on Narcissus Avenue. Employees parking on the street along Narcissus Avenue make a serious parking shortage worse. He also stated that considerable noise is created when employees leave the parking lot at night which disturbs the residents. He stated that one of the conditions of Use Permit No. 1908 was that the trash receptacles be screened from view from adjoining properties and streets or alleys. He stated that the trash receptacles remain un- screened to the dismay of the local residents. -5- `t COMMISSIONERS lovember 6, 1980 • MINUTES DRAFT y y, " City of Newport Beach ROLL CALL INDEX Mr. Stone stated that the residents have formulat four conditions.that should be added to protect and maintain the residents' peace, health and safety. He stated that if these conditions are added to this application, Use Permit No. 1908 would then become acceptable to the local residen The conditions and rationale are as follows: CONDITION NO. All off site parking areas required for the operation of La Strada must be clearly marked as such that the stallsare reserved for La Strada's exclusive use during the restaurant's operating hours. Rationale: This enables La Strada to better control these areas so other motorists will no inadvertantly use La Strada's parking areas. CONDITION NO. 2 All employee and patron vehicles use only approved on and off site parking locations. Valet use of on- street parking would be con- sidered a violation of this condition. Rationale: This clearly protects residents from valets using street parking in front of their homes. If the parking areas should reach saturation, additional off site parking should be obtained by La Strada or new methods of parking should be adopted. CONDITION NO. 3 The landscaping on the off site parking lot at 413 Orchid must be properly maintained. All landscaping should be watered in a manner sufficient to maintain life. Rationale: No irrigation system was installed to maintain the landscaping and no effort to maintain this lot has been observed by resi- dents, thus causing concern. ffi, hey d o ai pt ;rMd W ;Ir N November 6, 1980 Of 11 S'• E DRAFT MINUTES R O L L CALL 1 1 1 1 1 .1 1 1 1 INDEX f CONDITION NO. 4 Amend Condition 7 of delete the phrase: spaces are provided location." Use Permit No. 1908 to "Unless additional parking in an approved off site Rationale: Any change of hours for La Strada should require an additional public hearing. Mr. Stone concluded that the local residents do not wish to interfere with La Strada's legitimate use of its property, but do feel that at the same time, the peaceful nature of the community should be preserved. Mr. Stone then handed to the Com- mission his typed presentation, along with the signatures of residents and property owners whom he represents. Commissioner Allen complimented Mr. Stone and his neighbors for appearing before the Commission with such a positive, constructive approach. Commissioner Beek referred to Mr. Stone's Conditi No. 2 and stated that there is no way to require patrons of the restaurant to use the assigned spaces, only employees and valets. Staff.con- curred. Commissioner Balalis referred to Mr. Stone's Condition No. 3 and stated that landscaping material is generally required to be as drought - resistant as possible. Commissioner Balalis asked staff for clarification on this requirement. Planning Director Hewicker stated that a land- scaped area was shown on the off -site parking lot in back of the existing restaurant. Land- scaping is usually maintained by an underground sprinkler system or hand watered by a hose. In this particular case, it was not a new parking lot, but rather an existing off -site parking facility. Commissioner Thomas asked staff if the planting was a prior condition on the use permit or if the planting was already in existence. Planning Director Hewicker stated that the planting was shown on the plan, but was not a condition. -7- COMMISSIONERS November 6, 1980 • MINUTES ' DRAFT w City of Newport Beach ay N N 3 �, N T. 7 ROLL CALL INDEX Commissioner Thomas asked if it would be unreason- able to expect that it be maintained. Planning Director Hewicker stated that if the landscaping is shown on the plan, it would be expected that it be maintained. Commissioner Beek referred to Condition No. 3 of the original use permit and asked staff why land- scaping was not permitted in the required five foot rear yard setback. Planning Director Hewicke stated that the area adjacent to the alley is normally required to be kept free and clear for manueverability of automobiles. Mr. Bill Laycock reviewed the plan as originally submitted for Use Permit No. 1908. It was deter - minted by staff that if the applicant did not main tain the landscaped areas as shown on the plot pla (except for the landscaped planters not permitted in the required five foot rear yard setback noted above), the use permit would be in violation. Commissioner Beek referred to Mr. Stone's Condi- tion No. 2, regarding valet parking. Commissioner Beek requested that an Ordinance be drafted which would make it illegal for valet parking to occur anywhere, except for in the assigned parking space Mr. Burnham stated that it would be possible to draft such an Ordinance. Planning Director Hew- icker stated that he could forward to the City Council the Commission's concerns regarding the activities of valet parking within the City. He stated that the City Council could then assign a priority on such an Ordinance. Chairman Haidinger suggested that this issue be taken up under Additional Business. Commissioner Beek asked staff if Mr. Stone's Condition No. 1 is a feasible recommendation. Planning Director Hewicker stated that by having the restaurant at this location, the parking spaces are available for other commercial users in the area. He stated that a reciprocal arrange- ment had been made between the owner of the rest- aurant and the Post Office across the street. He stated that the La Strada Restaurant can use four parking spaces of the Post Office across the street in the evening, in exchange for the Post Office using the parking spaces of the La Strada Restaurant during the day for its employees and customers. ' COMMISSIONERS • I i November 6> 1980 MINUTES f 31 D DRAFT I^ 54, y � y City of Newport Beach ROLL CALL I I I INDEX Planning Director Hewicker stated that if a re- quirement were imposed that the parking stalls be clearly marked for La Strada's exclusive use during the restaurant's operating hours, this would lead to a great deal of confusion as to what.the permitted use of the spaces were when the restaurant is closed. Commissioner Beek suggested wording that the sign state that after 8:00 p.m. the spaces are for La Strada Restaurant only. Planning Director Hewicker stated that the parking spaces in question would only be those in direct control of La Strada, not those of the Villa Sweden parking lot. Commissioner Beek stated that after 8:00 p.m. those spaces would be under the control of La Strada. Mrs. Donna Pashia of 416 Narcissus appeared before! the Commission and stated that parking should not be allowed in Coco's parking lot. She stated that Coco's is open until 11:00 p.m. in the summer months and is always filled. She stated that it would be impossible for La Strada to use these parking spaces during the summer months. Mr. David Grime of 414 Narcissus appeared before the Commission and stated that he is in favor of amending the Original Condition No. 7 of Use Permi No. 1908 to delete the phrase: "Unless additional parking spaces are provided in an approved off - site location." He stated that any change of hours for La Strada should require an additional public hearing and that this restaurant should be considered as a typical dinner house. Mr. Manto stated that he would be agreeable to the conditions as discussed. He stated that he was not aware, until recently, that employees were parking on the streets causing a disturbance. He added that he is willing to cooperate with the residents of the area. Commissioner McLaughlin referred to Mr. Stone's Condition No. 4. She asked staff if it would be possible to amend the Original Condition No. 7 of Use Permit No. 1908. Planning Director Hewick stated that an amendment to a use permit, opens up the entire use permit for consideration. He }C COMMISSIONERS November 6, 1980 • MINUTES DRAFT 4 1 WX 1 §1 S City of Newport Beach ROLL CALL INDEX pointed out that any time there is a request for an off -site parking lot, the request would have to come before the Commission, with the ultimate decision to be made by the City Council. Commissioner McLaughlin asked staff how the trash receptacle problem will be handled. Planning Director Hewicker stated that the screening of the trash receptacles will be enforced. Commissioner Balalis stated that the approximate 30 spaces under the direct control of the appli- cant would be sufficient to sign. Mr. Manto asked if every stall had to be marked, or just a sign on the lot to indicate the parking require- ments. Chairman Haidinger stated.that one sign would meet'the intent of the condition. Planning Director Hewicker stated that the wording used by Commissioner Balalis, "under the direct control of the applicant" would be appropriate to use, which would apply to the spaces immediate) behind the restaurant. Commissioner McLaughlin concurred. Chairman Haidinger stated that Mr. Stone's Conditi n No. -4 is not necessary, in that approval by the Planning Commission and the City Council would be required in any event. Commissioner McLaughlin co curred. lotion X Motion was made to approve Use Permit No. 1908, 111 Ayes K X X X XK X (Amended) with the following findings and proposed conditions as discussed, which MOTION CARRIED: FINDINGS: 1. That the proposed expansion 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. The required parking spaces for the proposed restaurant facility on separate lots from the building site arejustifiable for the following reasons: -10- l COMMISSIONERS •November 6, 1980 • MINUTES DRAFT 0 City of Newport Beach ROLL CALL INDEX (a) The off -site parking lots adjoin the restaurant and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The applicant has long term agree- ments for the use of the.subject off -site parking lots during the evening hours of the week and on weekends and holidays when the restaurant will be in operation. (d) Valet parking will be provided at all times on the off -site parking lots during regular hours of operation of the rest- aurant use. 5. The approval of Use Permit No. 1908 (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 neighbor- hood or be detrimental or injurious to propert or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial con- formance with the approved floor plan. 2. That an off -site parking agreement be approved by the City Council, guaranteeing that a minimum of 14 parking spaces be provided on Lots 4 and 5, Block U, Tract No. 323 (Villa Sweden property) for the duration of the restaurant on the property in question. 3. That the existing off -site parking agreements which provide for 33 spaces be maintained. 4. That valet parking service be provided during the hours the restaurant facility is open. 5. That the revised floor plans shall be reviewed by the Building and Fire Departments and any necessary changes shall be made concerning exits and fire safety requirements. -11- COMMISSIONERS November 6, 1980 MINUTES x City of Newport Beach DRAFT ROLL CALL 771 1 11 INDEX 6. That a minimum of one parking space /43 squar feet of "net public area" shall be provided. 7. That all remaining applicable conditions of Use Permit No. 1908 be fulfilled. 8. That all employees shall be required to park on the approved off -site parking lots. 9. Parking spaces under the direct control of the applicant required for the operation of the La Strada Restaurant shall be clearly marked to indicate that the stalls are re- served for La Strada's exclusive use during the restaurant's operating hours. 10. The landscaping on the off -site parking lot at 413 Orchid shall be properly maintained. Request to construct a three story, four unit residential condominium and related garage spaces in the R -4 District. Item #2 SE PERMI APPROVED CONDI- TIONALLY Item #3 RESUB- DIVISION N0. 670 APPROVED CONDI- TIONALLY AND blish a single parcel of land condomin ium purposes where two ion of a third lot now exist. ts 10 and 11, Block 218, Section ewport Beach and a portion of i ct 33, Township 6 South, Range West, located at 1815 and 1817 st Bay nue on the southerly de of West Avenue between 18th reet and 19th treet on the lboa Peninsula. ZONE: R -4 APPLICANT. Richard W. Salmonson, Newp Beach OWNER: Pierre Chabre, Fallbrook, CA -12- Item #2 SE PERMI APPROVED CONDI- TIONALLY Item #3 RESUB- DIVISION N0. 670 APPROVED CONDI- TIONALLY 0 ON NOV 24 1980 By the C►TY CoU CIL CITY OF NawPo RESOLUTION NO. 9U 7 A RESOLUTION OF THE CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MANTO, BRADY ENTERPRISES, INC., IN CONNECTION WITH USE PERMIT NO. 1908 (La Strada Restaurant, 3520 East Coast Highway) 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 MANTO, BRADY ENTERPRISES, INC., in connection with Use Permit No. 1908 (La Strada Restaurant, 3520 East Coast Highway); 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 execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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 24th day of November, 1980. Mayor ATTEST: 111880 City Clerk kv a Gam:• City Council Meeting June 25, 1979 c 1979 Agenda Item No. +F- P(-a-� By the CITY C0UNCH. CITY OF NEWPORT BEACH 7Y or NEWPORT cc"; ' 1:une .19,79 TO.:.. City Council FdOF1:" Department of Community Development SUBJECT: Request for an Off -Site Parking Agreement;fi n conjunction with the establishment of a restaurant facility with on -sale alcoholic beverages in the former Baltz Mortuary facility (Use Permit 1908),, located at 3520 East Coast Highway, on the north -' easterly side of...Ea.st Coast H- i.gaway, between Narcissus Avenue and Orchid Avenue in Corona del Mar. LOCATION: A portion of Lot 2 and Lot 3, Block U, Tract No. 323 (restaurant site). Lots 1 and 3 and the northerly 15 ft. of Lot 5, Block 441, Corona del Mar Tract, located at 409 Orchid Avenue (former mortuary parking lot). Lot 4, Block 442, Corona del Mar Tract, located at 410 Orchid Avenue (post office parking lot). Portions of Lots 1, 2 and 3, Block U, Tract No. 323, located at 3600 East Coast Highway (Shell Service Station site). ZONE: C -1 (Restaurant site) C -1 and R -2 (Off -site parking lots) APPLICANT: rprises, Inc. dba La..Strada,.. Laguna Niguel OWNERS: United California Bank as Trustee for Lola Bernice Baltz, Santa Ana, and Frank C. Hubbard, Newport Beach AoDlication This application requests approval of an off -site parking agreement in conjunction with the establishment of a restaurant facility (La Strada) with on -sale alcoholic beverages. In accordance with Section 20.30.035D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instru- ments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Suggested Action If desired, adopt Resolution No. authorizing the execution of an off -site parking agreement with Manto, Brady Enterprises, Inc. dba La Strada. Planning Commission Recommendation At its meeting of June 7, 1979, mously to approve Use Permit No site parking arrangement, with ditions as follows: FINDINGS: the Planning Commission voted unani- 1908, including the proposed off - the findings and subject to the con- 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, providing that adequate off - street parking spaces are provided. 3. That the off -site parking lots are so located to be useful to the proposed restaurant use. 4. That the off -site parking spaces will not create undue traffic hazards in the surrounding area. 5. That the applicant is a long -term lessee of the subject off -site parking lots. T0: City Council - 2. a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. b) Parking on such lot will not create undue traffic hazards in the surrounding area. c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instru- ments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Suggested Action If desired, adopt Resolution No. authorizing the execution of an off -site parking agreement with Manto, Brady Enterprises, Inc. dba La Strada. Planning Commission Recommendation At its meeting of June 7, 1979, mously to approve Use Permit No site parking arrangement, with ditions as follows: FINDINGS: the Planning Commission voted unani- 1908, including the proposed off - the findings and subject to the con- 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, providing that adequate off - street parking spaces are provided. 3. That the off -site parking lots are so located to be useful to the proposed restaurant use. 4. That the off -site parking spaces will not create undue traffic hazards in the surrounding area. 5. That the applicant is a long -term lessee of the subject off -site parking lots. TO: City Council - 3. 6. The City Traffic Engineer has approved the proposed off - site parking arrangement. 7. The approval of Use Permit No. 1908 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans, floor plans and elevations, except as noted below. 2. That the parallel parking spaces adjacent to the alley to the rear of the restaurant site shall be set back at least four feet from the alley right -of -way. 3. That the required five foot rear yard setback on the off - site parking lot on Orchid Avenue shall remain open and unobstructed. Landscaping shall also not be permitted in said area. 4. That a minimum of one parking space /40 sq.ft. of "net public area" shall be provided. 5. That an off -site parking agreement shall be approved by the City Council for the duration of the restaurant use on the property in question and that the off -site parking be con- fined to the site of the former mortuary parking lot, and the sites of the Shell Station and post office. The parking lot on the Shell Station need not be striped. 6. That parking attendants shall be provided to park automo- biles of restaurant customers at all times during regular business hours. 7. That the restaurant operation shall not open for business prior to 5:00 p.m., Monday through Friday, and shall close by 11:00 p.m. Sunday through Thursday and by 12:00 a.m. Friday and Saturday, unless additional parking spaces are provided in an approved off -site location. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets and alleys. 9. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 10. That the existing parkway tree on East Coast Highway, causing damage to the existing sidewalk, be removed and 0 TO: City Council - 4. replaced as required by the Department of Parks, Beaches and Recreation, and that the tree - damaged sidewalk be replaced. 11. That approximately six':een square feet of displaced concrete sidewalk adjacent to the parking lot be replaced on Orchid Avenue just north of the alley. 12. That a resubdivision be filed to create one building site for the restaurant use. 13. That arrangements be made with the Public Works Department to guarantee the completion of improvements within the public right -of -way. Background The applicant proposes to establish a restaurant facility in an exist- ing two -story commercial building in Corona del Mar. The restaurant use will serve Northern Italian and Continental cuisine. On -sale alcoholic beverages will also be offered to customers in a cocktail lounge and with meals in two proposed dining rooms. The hours of operation of the proposed development are from 5:00 p.m. to 11:00 p.m. during the week, and 5:00 p.m. to 12:00 p.m. on weekends A maximum of eleven employees will be on duty during peak hours. The first floor of the proposed development consists of a cocktail lounge with forty seats, two dining rooms containing sixty -four seats, a kitchen, service and storage areas, entry and foyer areas, and restroom facilities. The second floor of the existing structure will contain office, storage and restroom facilities for restaurant person- nel. Seventy -two square feet ( ±) of the subject building that encroaches into the required ten foot rear yard will be removed. Said removal will eliminate the only nonconforming building encroachment on the site. A thirty -six square foot ( ±) addition to the freezer area of the kitchen is also proposed but will not encroach into the required rear yard. Off- street Parking Requirements Forty -three off - street parking spaces would be required for the res- taurant use under the City's parking ordinance, based upon one parking space for each 40 sq.ft. of "net public area" (1713 sq.ft.± = 40 = 42.8 or 43 spaces). The applicant is proposing to provide the required parking spaces in three off -site locations discussed below. Former Mortuary Parking Lots The existing parking lots are located in an R -2 District and were established under Use Permit No. 160 in 1954 and Use Permit No. 1044 in 1964. A review of these permits indicated that there was no TO: City Council - 5. restriction placed on their use other than that parking would be free to the customers of Baltz Mortuary. The lots currently provide space for the parking of thirty -one cars; however, this number will be reduced to twenty -nine spaces when the lots are upgraded, re- striped and landscaped. Since the mortuary has been vacant, these lots have been used by the customers of the post office and other commercial uses on the Coast Highway. It is intended that these lots would remain available for these same customers when the res- taurant is closed. Post Office Parking Lot and Shell Station Site These two sites have been recommended by the Planning Commission in lieu of the lot behind the Security Pacific National Bank at 327 Nar- cissus. The lot across the alley from the post office is located in the R -2 District and was established under Use Permit No. 871 in 1962. There was no restriction placed on the use of this lot. There are no changes proposed in the design of this lot, which will accommo- date parking for four cars. The Shell Station has been located on its site since 1962, prior to the City's requirement for a use permit. There is adequate space on this site to accommodate parking for ten cars. Because of the dual use of this lot by the service station during the day and the pro- posed restaurant in the evenings, the Commission did not require this lot to be restriped. The applicant has indicated that he proposes to have parking attend- ants for the off -site parking lots as a convenience to patrons of the restaurant use. Automobiles will be stopped in the one -way drive on the restaurant property. Parking attendants will then drive said automobiles to the off -site parking lots for vehicular storage. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director by X J MES D. HEWICKER ssistant Director - Planning JDH /kk Attachments for City Council only: 1) Vicinity Map 2) Planning Commission Staff Report with Attachments 3) Excerpt of Minutes from Planning Commission Meeting of 6/7/79 4) Letter from Frank C. Hubbard NOTE: A copy of the site plan and elevations will be on display at the time of the City Council meeting. (.)SE -t%-RMrr AJO. 1400 LL LD z I go F— u < S P s� P h O �� " O L) _yy; LL V) 0 4� 0, Li 91, OFF•SITE F4WIW-4 2ESTAU12AMr S nTL (.)SE -t%-RMrr AJO. 1400 May 31, 1979 TO: FROM: SUBJECT: Planning Commission Meeting Agenda Item No CITY OF NEWPORT BEACH Planning Commission Department of Community Development June 7. 1979 Use Permit No. 1908 (Continued Public Hearing) Request to establish a restaurant facility with on- sale alcoholic beverages in the former Baltz Mor- tuary facility in the C -1 District. The proposal also requests the acceptance of an offsite parking agreement for the required parking spaces in the former Baltz Mortuary parking lot at 409 Orchid Avenue in the R -2 District, and the Security Paci- fic Bank parking lot at 327 Narcissus Avenue in the R -1 District. LOCATION: A portion of Lot 2 and Lot 3, Block U, Tract No. 323, located at 3520 East Coast Highway, on the northeasterly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue in Corona del Mar. ZONE: C -1 APPLICANT: Manto, Brady Enterprises, Inc., dba La Strada, Laguna Niguel OWNER: United California Bank as Trustee for Lola Bernice Baltz, Santa Ana Background This request was continued from the Planning Commission meeting of May 24, 1979, for the purpose of renoticing the public hearing and expanding the mailed notices to include all owners of property within 300 feet of each of the proposed off -site parking lots. A copy of the staff report prepared for the Commission of May 24, 1979, is attached. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By 4 Q. Jam D. Hewicker Assi tant Director - Planning Attachment: Staff report dated May 18, 1979 JDH /dlt May 18, 1979 lu: FROM: SUBJECT: Planning Commission Meeting May 24, 1979 Agenda Item No CITY OF NEWPORT BEACH Planning Commission Department of Community Development Use Permit No. 1908 (Public Hearing) 0 Request to establish a restaurant facility with on- sale alcoholic beverages in an existing commercial building in the C -1 District, and the acceptance of an offsite parking agreement for the required park- ing spaces on adjacent residential and commercial property. LOCATIO14: A portion of Lot 2 and Lot 3, Block U, Tract No. 323, located at 3520 East Coast Highway, on the northeasterly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue in Corona del Mar. ZONE: C -1 APPLICANT: Manto, Brady Enterprises, Inc., dba La Strada, Laguna Niguel OWNER: United California Bank as Trustee for Lola Bernice Baltz, Santa Ana This application proposes the establishment of a restaurant with on -sale alcoholic beverages in the C -1 District in Corona del Mar. In accordance with Section 20.35.020 (a) of the Newport Beach Mu- nicipal Code, restaurant uses shall be permitted in a C -1 District, subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Cgde. This application also requests approval of an off -site parking agreement for the required parking spaces for the subject resta- urant. In accordance with Section 20.30.035, D of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. In 0 Wn Planning Commission - 2 (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, pro- viding for the maintenance of the required off - street park- ing on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. Environmental Sionificance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" uses. The proposed restaurant falls with- in the permitted uses which are supportive of the predominant uses. Sub,�ect Property and Surrounding Land Use A vacant two -story building, formerly utilized by the Baltz Mor- tuary facility, is located on the property in question. To the northeast, across a 14 foot wide alley, is an offsite parking lot for said mortuary use, an offsite parking lot for an offsite park- ing lot for an adjacent commercial building on East Coast Highway, and a two -car garage; to the southeast, is the Villa Sweden Resta- urant complex and related offstreet parking spaces; to the south- west, across East Coast Highway, are mixed commercial uses; and to the northwest, is the Van's Cleaners facility. Background At its meeting of November 18, 1954, the Planning Commission ap- proved Use Permit No. 160 that permitted the use of an R -2 lot di- rectly across a 14 foot wide alley from the Baltz Mortuary faci- lity as an offsite parking lot. The one condition of approval u: Planning Commission - 3 >,i!od that "parking is for free use by Baltz Mortuary cus- ,, lit i . un May 21, 1964, the Planning Commission also approved Use Permit No. 1044 that permitted an additional offsite parking lot in the R -2 District for the mortuary use. Said lot adjoins the original parking lot approved by the Commission in 1454. The following conditions of approval were required in conjunction with the re- quest: 1. That the small house be removed. 2. That the lot be paved. 3. That a layout of the lot be presented for the approval of the Planning and Public Works Department and a landscaping plan be sent to the Parks, Beaches and Recreation Depart- ment. 4. A 6' concrete block wall to be erected along the northerly pro- perty line to within 20' of the front property line and a 3' wall along the same line within the 20' front yard setback. 5. That bumpers be provided. All conditions of approval have been met, except that several of the required bumpers were not installed. Analysis The applicant proposes to establish a restaurant facility in an existing two -story commercial building in Corona del Mar. The restaurant use will serve Northern Italian and Continental cuisine. On -sale alcoholic beverages will also be offered to customers in a cocktail lounge and with meals in the two proposed dining rooms. The applicant has submitted the attached description of the retau- urant facility for Commission review. The hours of operation of the proposed development are from 5:00 p.m. to 11:00 p.m. during the week, and 5:00 p.m. to 12:00 p.m. on weekends. A maximum of 11 employees will be on duty during peak hours. The first floor of the proposed development consists of a cocktail lounge with 40 seats, two dining rooms containing 64 seats, a kit- chen, service and storage areas, entry and foyer areas, and rest - room facilities. The second floor of the existing structure will contain office, storage and restroom facilities for restaurant per- sonnel. The attached plot plan also indicates that 72 sq. ft. ± of the subject building that encroaches into the required 10 foot, rear i-n ,ii Planning Commission - 4 ;,t)d will be removed. Said removal will eliminate the only non - �.unforming building encroachment on the site. A 36 sq. ft. cddition to the freezer area of the kitchen is also proposed, but will not encroach into the required rear yard. Offstreet Parkinq Requirements Forty -three (43) offstreet parking would be required for the resta- urant use under the City's parking ordinance, based upon one park- ing space for each 40 sq. ft. of "net public area" (1713 sq. ft. t e 40 = 42.8 or 43 spaces). The parking spaces could also vary under current parking requirements from 35 parking spaces (one parking space for each 50 sq. ft. of "net public area" to 58 parking spaces (one parking space for each 30 sq. ft. of "net public area ". Staff feels that one parking space for each 40 sq. ft. of "net public area ", or 43 spaces, is adequate, since no dancing or live entertainment is proposed. As indicated on the attached site plans, the applicant is proposing to provide the required parking spaces in two off -site locations discussed below. Former Mortuary Parking Lot The existing parking lot contains 31 offstreet spaces. Since the mortuary has been vacant for several years, customers of the United States Post Office on Orchid Avenue and other commercial uses on East Coast Highway have been utilizing the subject parking lot on an informal basis. The applicant has indicated that the parking lot may still be utilized by customers of adjoining commercial uses during daytime hours when the proposed restaurant use is closed. The applicant proposes to upgrade the subject parking lot with land- scape planter areas (see attached plot plan). However, staff feels that the proposed landscape area in the required 5 foot rear yard should not be permitted so as to allow better vehicular circulation in the adjoining alley. The parking lot will also be marked so that only 29 offstreet park- ing spaces will be provided. The City Traffic Engineer has no ob- jections with the proposed parking layout, except that the proposed five parallel parking spaces adjacent to the alley parallel to East Coast Highway should be setback at least 4 feet from the alley right -of -way. The applicant has no objections with this request. Security Pacific National Bank Parking Lot The applicant has also been authorized to utilize the Security Pacific National Bank parking lot located at 327 Narcissus Avenue after normal banking hours (see location of parking lot on attached vicinity map). The bank facility closes at 5:00 p.m., Monday through Thursday, and at 6:00 p.m. on Friday. Since the restau- rant facility will not open until 5:00 p.m., and 6:00 p.m. on Fri- IU: Planning Commission - 5 I.11, ,fLernoon that the two commercial uses may utilize the sub - iee_t Barking lot. Staff has no objections with this arrange- ment., since the proposed offsite parking lot on Orchid Avenue will he available for early customers of the restaurant use on that day. The attached plot plan indicates that 27 offstreet parking spaces are located on the site. The Planning Commission and the City Council approved Use Permit No. 1425 in 1969 that permitted said off -site parking lot in the R -1 District in conjunction with the construction of the Security Pacific National Bank complex across an alley in the C -1 District. Staff has no objections to the ut- ilization of said parking spaces for the restaurant facility, pro- viding that said lot will be serviced by parking attendants. The applicant has indicated that he proposes to have parking at- tendants for both offsite parking lots as a convenience to pat- rons of the restaurant use. Automobiles will be stopped in the one -way drive on the restaurant property. Parking attendants will then drive said automobiles to the two off -site parking lots for vehicular storage. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, mo- rals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or in- jurious to property and improvements in the neighborhood or the general welfare of the City. If it is the desire of the Commission to approve this application, the following findings and conditions are suggested. FINDINGS: 1. That the proposed use is consistent with the Land Use Ele- ment of the General Plan, and is compatible with surround- ing land uses. 2. The project will not have any significant environmental im- pact, providing that adequate offstreet parking spaces are provided. 3. That the offsite parking lots are so located to be useful to the proposed restaurant use. h. That the offsite parking spaces will not create undue traf- fic hazards in the surrounding area. 1,7 W: Planning Commission - 6 lh,it the applicant is a long -term lessee of the subject oftsite parking lots. G. The City Traffic Engineer has approved the proposed offsite parking arrangement. 7. The approval of Use Permit No. 1908 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plans, floor plans and elevations, except as noted below. 2. That the parallel parking spaces adjacent to the alley to the rear of the restaurant site shall be set back at least 4 feet from the alley right -of -way. 3. That the required 5 foot rear yard setback on the offsite parking lot on Orchid Avenue shall remain open and unobstruc- ted. Landscaping shall also not be permitted in said area. 4. That a minimum of one parking space /40 sq. ft. of "net public area" shall be provided. 5. That an offsite parking agreement shall be approved by the City Council guaranteeing that a minimum of 29 parking spaces shall be provided on Lots 1, 3 and a portion of Lot 5, Block 441, Corona del Mar, and at least 14 parking spaces shall be provided on Lots 25, 27 and 29, Block 240, Corona del Mar, for the duration of the restaurant use on the property in question. 6. That parking attendants shall be provided to park automo- biles of restaurant customers at all times during regular business hours. 7. That the restaurant operation shall not open for business until 5:00 p.m., Monday through Friday, unless additional parking spaces are provided in an approved offsite location. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets and alleys. 9. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. t3 ff): Planning Commission - 7 That the offsite parking lot on Orchid Avenue shall be marked with approved traffic markers or painted white lines not less than 4 inches wide in accordance with the approved parking layout. Bumpers shall also be provided for the subject park - ing spaces. 11. That the existing parkway tree on east Coast Highway causing damage to the existing sidewalk be removed and replaced as required by the Department of Parks, Beaches and Recreation, and that the tree damaged sidewalk be replaced. 12. That approximately 16 sq. ft. of displaced concrete sidewalk adjacent to the parking lot be replaced on Orchid Avenue just north of the alley. 13. That a resubdivision be filed to create one building site for the restaurant use. 14. That arrangements be made with the Public Works Department to guarantee the completion of improvements within the public right -of -way. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By 2rc1�... ?e Ck William R. Layco Senior Planner WRL /99 Attachments: Vicinity Map Letter from Applicant Letter from Security Pacific National Bank and Related Plot Plan Plot Plans, Floor Plans, Elevations LA MADA April 17, 1979 3000 Los Felix Boulevard City of Newport Beach Department of Community Development Zoning and Ordinance Administration Division 3300 Newport Boulevard Newport Beach, California Re: 3520 E. Coast Highway Corona Del Mar Gentlemen: Los Angeles, California 90039 (213) 664.2955 The restaurant I propose will feature Northern Italian and Continental Cuisine of the highest quality and served in exquisite manner. Business will be based upon high priced elegant dining rather than volume operation. A copy of the menu from La Strado in Los Angeles is attached for your information. Serving hours will be 5:00 p.m. to 11:00 p.m. on week days and 5:00 p.m. to 12:00 p.m. on weekends. Personnel will be 9 to 11 people. �S-ordially Carmelo Manto Ile COMMISSIONERS N� "s} n'f• m'p �! �2 1 ROLL CALL Motion Ayes Noes 0 • MI S KY' City of Newport Beach .- June 7, 1979 '�' DRAFT INDEX e Coastal atson stat• y HUD. He g issue is something nefit of cessarily aring re- nversions, enda Item y with on- Item #2 ltz Mor- proposal al USE PER - parking a- MIT NO. in the for- 1908 — hid Avenue ific Bank APPROVED, e R -1 Dis- CONDI- TIONALLY t 3, Block at 3520 a northeast ighway, be- i Orchid Inc., dba Trustee fo Ana ier Beek re. nmunity De- ilet parkint lose parkin! :ars to the Commissioner McLaughlin ,i-n uired as to th Commission's vacancy,,"te, to which Mr. W ed that 5% was inditated, as determined b then stated hiy understanding that the bi that if in,,4ct you are going to extract out of the development that is for the be the jnoderate income, an ordinance must ne Pe "set to create a mechanism for doing so Motion was made to continue the public he x x x x x Ygarding Amendment No. 529, Condominium Co X to follow the public hearing regarding Ag No. 12. Request to establish a restaurant.facilit sale alcoholic beverages in the former Ba tuary facility in the C -1 District. The so requests the acceptance of an offsite greement for the required parking spaces er Baltz Mortuary parking lot at 409 Orc in the R -2 District, and the Security Pac parking lot at 327 Narcissus Avenue in th trict. Location: A portion of Lot 2 and Lo U, Tract No. 323, located East Coast Highway, on th erly side of East Coast H tween Narcissus Avenue an Avenue in Corona del Mar. Zone: C -1 Applicant: Manto, Brady Enterprises, La Strada, Laguna Niguel Owner: United California Bank as Lola Bernice Baltz, Santa In response to a question from Commissio garding valet parking, Richard Hogan, Coi velopment Director, responded that the v was for the control and assured use of t lots, and to assure the movement of the parking lots and vacant parking spaces. -3- INDEX e Coastal atson stat• y HUD. He g issue is something nefit of cessarily aring re- nversions, enda Item y with on- Item #2 ltz Mor- proposal al USE PER - parking a- MIT NO. in the for- 1908 — hid Avenue ific Bank APPROVED, e R -1 Dis- CONDI- TIONALLY t 3, Block at 3520 a northeast ighway, be- i Orchid Inc., dba Trustee fo Ana ier Beek re. nmunity De- ilet parkint lose parkin! :ars to the RO COMMISSIONERS City of Newport Beach June 7, 1979 MINUTES DRAFT 11 LL CALL The Public Hearing continued regarding this item Alex Bowie, representing the Applicant, appeared fore the Planning Commission to review a few aspe of the proposal, including parking available and hours of operation, as set forth in the Staff Re- port, stating their intention of providing one pa ing space per 40 sq. ft. of restaurant area and e pressing his feeling that the, 29 spaces behind th restaurant will take care of substantially all th seating capacity of 64 people; and if employees p in the offsite parking lot at Security Pacific Ba that would leave 18 spaces for the small amount o overlap within the restaurant. He concluded by s ting his concurrence with the conditions as set forth in the Staff Report. Rose Borrillo, 328 Narcissus Avenue, appeared bef the Planning Commission to state her opposition t the parking at 327 Narcissus Avenue in the bank p ing lot, as in 1969 when the bank needed extra pa ing, they had agreed to a Use Permit and that park on that lot is already three R -1 lots deep into tl residential area, and also that at that time they had agreed to the additional parking for the bank use only. Eugene Borer, Corona del Mar, appeared before the Planning Commission to express his concern regard the hours of operation of the restaurant. Commissioner Cokas inquired whether they had rese ched possible off - premise parking on the other si of Pacific Coast Highway, to which Mr. Bowie resp ed that they had done so and that they felt the site parking at Security Pacific Bank was more de irable. Lee Muir, Architect, Dana Point, stated that the had appeared before the Planning Commission to in vestigate all parking on the same side of the str and that one of the lots investigated was committ to the snack shop with a similar arrangement and that the Post Office uses the lot during the day that is behind the restaurant now, that they have excess property and the owner of that propert y is also the owner of the Shell Station; and that the is parking at the Shell Station and they had agre to provide the off -site parking, but since one of the conditions for approval is that the parking 1 be striped for parking, it would be impractical t have striping on the Shell Station property, he f -4- in >e i77 c- it ik V ire irk •k- ini ie ing ir- le in- iff V ae ad re ed Dt D elt INDEX R M A COMMISSIONERS • • °`m a p City of Newport Beach m .( �. oP 4• vG o} pcsr June 7, 1979 MMUT'ES DRAFT 'g Ill CALL Commissioner Balalis suggested that the Planning Commission request that the Applicant use the ex- cess parking of the Shell Station and the Post Of fice, which would be much more appropriate. Richard Hogan, Community Development Director, cc mented that the Valet Parking is a requirement of the Ordinance and that the Planning Commission could at their discretion eliminate that require- ment. Mr. Bowie then stated that they would be willing use the Shell Station and Post Office off -site pa ing in -lieu of the Security Pacific Bank parking. Mr. Hogan additionally commented that the require ments for striping the parking lot is a part of 1 off - street parking standards that have been adopt by resolution of the City Council and that in maF the approval of an off -site parking lot, this is recommendation of the Planning Commission to the City Council that an off -site parking agreement t approved and the City Council then would have the right to approve an off -site parking agreement a! recommended by the Planning Commission, which eoe if the Planning Commission so recommended, elimir the requirement for the striping if the Planning Commission felt that was appropriate for the Cit} and for that particular business. )tion x Motion was made that the Planning Commission make 11 Ayes the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and i! compatible with surrounding land uses. 2. The project will not have any significant er ronmental impact, providing that adequate of street parking spaces are provided. 3. That the off -site parking lots are so locat( to be useful to the proposed restaurant use, 4. That the off -site parking spaces will not create undue traffic hazards in the surroun< ing area. -5- m- to rk he e in a e 1 at Vi 'f- ad INDEX F COMMISSIONERS i c� mm o city } \ � Z of Newport Beach June 7, 1979 MINUTES 19 DRAFT OIL CALL 5. That the applicant is a long -term lessee of the subject off -site parking lots. 6. The City Traffic Engineer has approved the p posed off -site parking arrangement. 7. The approval of Use Permit No. 1908 will not under the circumstances of this case, be det mental to the health, safety, peace, morals, comfort and general welfare of persons resic ing and working in the neighborhood or be de trimental or injurious to property and imprc ments in the neighborhood or the general wel fare of the City. and approve Use Permit No. 1908, subject to the t lowing conditions: 1.. That development shall be in substantial cot formance with the approved plot plans, floor plans and elevations, except as noted below. 2. That the parallel parking spaces adjacent t( the alley to the rear of the restaurant sit( shall be set back at least 4 feet from the i ley right -of -way. 3. That the required 5 foot rear yard setback the off -site parking lot on Orchid Avenue sl remain open and unobstructed. Landscaping shall also not be permitted in said area. 4. That a minimum of one parking space /40 sq. of "net public area" shall be provided. 5. That an off -site parking agreement shall be proved by the City Council for the duration the restaurant use on the property in quest and that the off -site parking be confined t, the site of the former mortuary parking lot and the sites of the Shell Station and Post fice. The parking lot on the Shell Station need not be striped. 6. That parking attendants shall be provided t park automobiles of restaurant customers at all times during regular business hours. 7. That the restaurant operation shall not ope for business prior to 5:00 p.m., Monday thr -6- INDEX ro ri ve of (1- In tall Ft. ap of ion 0f n oug COMMISSIONERS 0 ROLL CALL (3 3, Q 0 O'�sP 2 City of Newport Beach June 7, 1979 MINUTES z0. DRAFT INDEX Friday, and shall close by 11:00 p.m. Sunday through Thursday and by 12:00 a.m. Friday and Saturday, unless additional parking spaces are provided in an approved offsite location. 8. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets and alleys. 9. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 0. That the existing parkway tree on East Coast Highway causing damage to the existing sidewal be removed and replaced as required by the De- partment of Parks, Beaches and Recreation, and that the tree damaged sidewalk be replaced. 1. That approximately 16 sq. ft. of displaced con- crete sidewalk adjacent to the parking lot be replaced on Orchid Avenue just north of the alley. 2. That a resubdivision be filed to create one building site for the restaurant use. 3. That arrangements be made with the Public Work Department to guarantee the completion of im- provements within the public right -of -way. The Planning Commission recessed at 9:00 p.m. an reconvened at 9:10 p.m. Request to amend a previously ,a proved site plan foy a Beverly Hills Federal Sa.v-Kigs and Loan facility Item C on the property so as to "revise the approved plans SITE related to signs. PLAN REVIEW Location: Lot 5, Block W, Tract No. 323, loca- NO. 14 ted at 3744 East Coast Highway, on the northwesterly corner of East APPROV Coast Highway and Poppy Street in ED CON Corona del Mar. DITION ALLY -7- June 20, 1979 Members of the City Council City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92660 Dear Council Members: I will enter into a parking agreement with Carmelo Manto for the purpose of providing parking for a restaurant to be constructed at 3520 East Coast Highway in Corona Del Mar, California. This promise shall not be revoked. The agreement shall be for the use of the parking lot adjacent to the United States Post Office on Orchid Avenue and for the use of parking at the Shell station at the corner of Orchid Avenue and East Coast Highway. This agreement shall be in effect for a period of not less than 3 years and shall not be subject to revocation. It is mutually understood and agreed that the present restaurant parking lot shall be available for Post Office patrons during business hours of the Post Office. On weekdays restaurant patrons may begin using some parking spaces at the lot adjacent to the Post Office after 5:00 p.m. It is expected that the entire lot will be available at 6:00 p.m. when postal employees leave for the day. On weekends, the lot will be available for use by the restaurant at any time. Parking at the Shell station shall be available after 6:00 p.m. when the station closes. Mr. Manto will pro- vide valet parking for both offsite lots. Very uly you s, By Frank t Hubbard 2192 Vista Dorado Newport Beach, CA 92660 ILA S T b A July 2, 1979 d 3000 Los Felia'llioulavard ey 1he CITY l:GUI` ilii. :A?l, r City of Newport Beach City Council 3300 Newport Boulevard Newport Beach, California Re: Manto, Brady Enterprises, Inc. 3520 E. Coast Highway Corona del Mar, Calif. Honorable Mayor and Members of the Council: • Los Angeles, California 90039 (213) 664.2955 We respectfully request that the Hearing for the offsite parking agreement be placed on the agenda of July 10, 1979 instead of July 23, 1979. Cordially Carmelo Manto" Xx RESOLUTION NO. gr96 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MANTO, BRADY ENTERPRISES, INC., DBA LASTRADA, IN CONNECTION WITH USE PERMIT NO. 1908 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 Manto, Brady Enterprises, Inc., dba LaStrada, in connection with Use Permit No. 1908; 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 contract above described is hereby 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 25th • ATTEST: City Clerk lPD�BD AS 0R*11NAL ... __........._--` -- -_ ........... 'CITY ajERK pR THE CITY OP NE BEACH JUL 1 2 1979 ®ATEi _....._.._ ............ . -- day of June ,,1979. s. kb 6/19/79