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Home My WebLink AboutPRRs Community Development Department t A 100 Civic Center Drive Planning Permit Application Newport Beach, California 92660 949 644-3200 c�crFo�N� � newportbeachca.gov/communitydevelopment 1. Check Permits Requested: ❑ Approval-in-Concept-AIC# ❑ Lot Merger ❑ Staff Approval Of Coastal Development Permit ❑- Limited Term Permit- ❑Tract Map ❑ Waiver for De Minimis Development ❑ Seasonal ❑ <90 day ❑■>90 days ❑ Traffic Study ❑ Coastal Residential Development ❑ Modification Permit ❑ Use Permit-❑Minor❑Conditional ❑ Condominium Conversion ❑ Off-Site Parking Agreement ❑Amendment to existing Use Permit ❑ Comprehensive Sign Program ❑ Planned Community Development Plan ❑ Variance ❑ Development Agreement ❑ Planned Development Permit ❑ Amendment-❑Code❑PC❑GP❑LCP ❑ Development Plan ❑ Site Development Review- ❑ Major❑ Minor ❑ Other: ❑ Lot Line Adjustment ❑ Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) 3131 West Coast Highway Newport Beach,CA 92663 3. Project Description and Justification (Attach additional sheets if necessary): 0 obtain permission for valet service at 3131 West Coast Highway to park customers of vessel White Llght at 3300 West Coast Highway between the ours of 5:00 pm and 1:00 am 7 days a week. 4. Applicant/Company Name Wesley H. Heinmiller, Alan J. Stameisen/White Light Mailing Address 13419 Via Lido ( Suite/Unit 1655 City Newport Beach State CA Zip F66392 Phone 1949-300-8888 FaX 1949-209-0377 Email Fwes;charterwhitelight.com 5. Contact/CompanyName [As above Mailing Address I Suite/Unit �l FCity State Zip Phone Fax J Email 6. Owner Name Mailing Address I Suite/Unit Fi city p State Zip F Phone Fax Email 7. Property Owner's Affidavit': I (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of(my) (our) knowledge and belief. Signature(s): Title; See attached Date: DD/MO/YEAR Signature(s): Title; See attached Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note,the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. 11/1/2018 This letter authorizes the yacht White Light and Wes Heinmiller of White Light LLC to operate charters from our dock at 3131 West Coast Highway in Newport Beach CAallowed to use our valet service/ parking lot during non- <,.,-�res7taur7antsiness hours. -c- c � 2 PARKING LOT LICENSE AGREEMENT 3300 WEST COAST HIGHWAY NEWPORT BEACH CA 92663 /I THIS PARKING LOT LICENSE AGREEMENT ("Agreement"), effective as of Ootobet-%,-"1Z (the "Effective Date"), is made by and between PCAM L.L.0 d/b/a Parking Company of America Management(a California ("Licensee"),and 3300 PROPERTY, LP,a California Limited Partnership("Licensor"). Limited Liability Company) 1. License. 1.1 Grant of Non-Exclusive License. Licensor hereby grants to Licensee a license (the "License") the use of fifteen (15) parking spaces in its parking lot ("Licensed Area") located at 3300 West Coast Highway, Newport Beach, California. Licensee shall park its vehicles only in those parking spaces so designated by Licensor, shown in red on attached Exhibit"A", which may be modified by Landlord from time to time. Licensee understands that should any vehicles be parked in any part of the parking lot NOT designated for its use, that such vehicle is subject to towing,at the owners and/or Licensee's sole cost and expense. (See attached Site Plan) 1.2 Permitted Uses. Licensee may use the Licensed Area for vehicle parking seven days a week between the hours of 5:00 p.m. to 1:00 a.m. Licensee may designate a representative to be present in the Lot as needed to ensure its employees are parking in the assigned parking spaces. 1.3 No Alterations to Licensed Area. Licensee shall make no material alterations to the Licensed Area, period. 1.4 Term of License. Subject to the terms contained herein,the term of the License shall be one (1) month, commencing as of the November 1, 2018 and shall be renewable monthly at the sole discretion of Landlord and upon mutual agreement to the terms and conditions of such extension. Licensor shall have the unilateral right to modify the number of licensed spaces Licensee may use at any given time and adjust the cost proportionately. Either party shall have the right to cancel this License Agreement in its entirety, by giving thirty(30) days'prior written notice to the other party,or such earlier date provided under Licensoe's rights and remedies or that Licensee's rights to the Licensed Area expire or terminate. 2. Compensation. In accordance with the terms and conditions set forth in this Agreement,Licensee shall have the right to use the Licensed Area during the term of the License at a rate of Fifty and 001100 Dollars ($50.00)per parking space per month, for a total monthly fee of Seven Hundred Fifty and 001100 Dollars($750.00) payable in advance on or before the first(151)of each month. Each monthly license fee payment is subject to section 1.4, Landlord's right to unilaterally reduce or cancel this License Agreement in its sole discretion. In the event of a reduction in the number of licensed parking spaces available for Licensee's use, Licensee's monthly License Fee shall be prorated based on the per parking space rate provided herein above. 2.1 8epesi#§--Licensee--shall-deposit agineement, a Pad(ing—PeFmit deposit equal to $25.00 PeF eard (Five Hundred Dollars ($500.00) upon cofflfflencefflent). In the event Licensee should "ttire Felplacefrient cefds, additional Parking Permits fflay te obtained by PFOviding the lost E)aFd's numbeF and posting a FepllaGement fee of $25.00. Upon the expiFation or teFminatioR of this agreement and retUFn of all Key Cards, Licensee shall be refunded $26.00 peF GaFd Fetuffled and 2.2 Failure to Pay License Fee. In the event Licensee fails to pay the full License Fee due before the fifth(5`')of each month,then, in addition to being found in default under this Agreement,and in addition to a late fee equal to ten percent(10%)of the then current unpaid balance, shall immediately become due and payable. Should the License Fee (and any other amounts then due and payable) remain unpaid ten (10) days after the due date, Licensee shall immediately forfeit its rights to park in the Lot and Licensor shall have the right to have any of Licensee's vehicles removed from the parking lot (towed) at Licensee's expense. Licensee's continued use of the I CV--, 0.101 Property Fifesll Cetrtomt6133001Tenant FileslStedrng SAfW-PA-9 LoUeasWartdng Lot License Agmt.Winery Rev 10•1 7•t8mpd Parking Lot shall thereinafter be forfeited until such time as Licensee has cured such default and paid all delinquent and current fees in full. By agreeing to the terms of this Agreement, Licensee grants Licensor the right to tow Licensee's employee's, visitors, and guest's vehicles should rent not be paid, in full, by the above agreed upon due date, and Licensee further agrees to hold Licensor harmless from and against any claims from its employees,visitors or guests resulting from towed vehicles. 3. Maintenance and Surrender. Licensee shall maintain the Licensed Area in commercially reasonably condition, order and repair during the term of the License. Upon the expiration or earlier termination or revocation of the License, Licensee shall vacate and surrender the Licensed Area in a clean and reasonable condition, reasonable wear and tear excepted. 4. Indemnification and Release. Licensee's use of the Parking Lot shall be at Licensee's and its employee's sole and absolute risk. Licensee shall defend, indemnify,and hold harmless Licensor and its respective officers, employees, directors, partners, and agents from any and all losses, expenses and costs (including reasonable attorney's fees and expenses), damages or claims for damages or injury to persons or property, liens, and liabilities whatsoever, arising from, related to or connected in any manner with the use of the Licensed Area. Licensee further agree that Licensor shall be liable for any loss or damage which may be incurred, arising from(or otherwise occasioned by or through)the Licensee's use of the Licensed Area. This indemnification and release shall survive the expiration or earlier termination or revocation of the License Agreement. Licensee and Licensor are aware of, and specifically waive, the provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him must have materially affected his settlement with the debtor." 5. Commercial General Liability Insurance. Licensee shall procure and maintain during the term of this License,at Licensee's sole cost and expense, a policy or policies of commercial general liability insurance on an "occurrence"basis against claims for personal injury and property damage liability,with a limit of not less than One Million Dollars ($1,000,000) per occurrence, with an aggregate of Two Million Dollars ($2,000,000). Licensee shall provide thirty(30)days'advance written notice to Licensor before cancellation or material change of coverage takes effect. Licensee shall provide Licensor with a certificate of insurance confirming the coverages set forth above and naming Licensor and its management company as an additional insured. 6. Compliance with Laws and Regulations. At all times during the term of this License, Licensee and Licensor shall, at their own cost and expense, (i)comply with all laws, ordinances, and regulations pertaining to the Licensed Area or the performance of any of their respective obligations under this Agreement; and (ii) comply with the other party's reasonable rules and regulations applicable to the Licensed Area as may be established by Licensor from time to time. 7. Interpretations. It is the intent of both parties hereto that this Agreement shall not be construed to create between Licensor and Licensee any type of landlord-tenant relationship. 8. General Provisions. 8.1 Choice of Law. This Agreement shall be construed and governed by the laws of the State of California, 8.2 Amendments. This Agreement may only be modified by a writing executed by Licensor and Licensee. 8.3 Notices. All notices or demands of any kind required or desired to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery,to the appropriate address set forth below. Notices shall be deemed to be delivered three(3)days after the date of mailing thereof,or upon earlier receipt. 2 0,101 Property Fdesit Califomial33001Tenant ResiSterling BMW-Pkg b%1Lease1Parb79 tot Ucense Agmt-Winery Rev 10-17.78.wpd If to Licensee: PCAM L.L.0 dlb/a Parking Company of America Management Address: 523 West 6'h Street Los Angeles,CA 90014 Attn: Eric J.Chavez,C00 Telephone: (562)862-2118 E-mail: If to Licensor: Byco, Inc. 2025 Newport Boulevard,Suite 200 Costa Mesa,California 92627 Attn: John Byers Telephone: (949)645-2251 Email: johnbyers@bycoinc.com 8.4 Time. Time is of the essence with respect to each term in this Agreement. 8.5 Attorneys' Fees. In the event of any litigation between Licensee and Licensor in connection with this License,the prevailing party shall be entitled to recover from the other party hereto,in addition to such other relief as may be granted, such reasonable attorneys'fees incurred by the prevailing party in instituting or defending such litigation, together with such reasonable costs and expenses of litigation as may be allowed by the court. 8.6 Entire Agreement. This Agreement represents the entire understanding of the parties regarding the License,and supersedes all prior or contemporaneous understandings or negotiations,whether oral or written,implied or express. 8.7 WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, THE PARTIES HERETO HEREBY EXPRESSLY, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS THEY EACH MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER OF THE PARTIES TO THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT TO THE PARTIES EXECUTING THIS AGREEMENT. 8.8 Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application thereof to any person or circumstance,shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above. "LICENSOR" "LICENSEE" 3300 PROPERTY, L.P., PCAM L.L.0 d/b/a Parking Company of America Management a California artnership a Califorga Limited Liability Company By: Bye Jvnty J, a r IRS, Eric J Chaves for Byco, Inc.,its General Partner Its: G60 3 0:101 Property kes11 Caklomlal33001Tenant FrleslSlertmg 8lsfW-Phg LofteaselParkir=g Lot License Agmt-Vinery Rev 10-17-16.wpd PARKING LOT LICENSE AGREEMENT 3300 WEST COAST HIGHWAY, NEWPORT BEACH, CA 92663 SITE PLAN North -r -,,,� ►, _ ,r� '^.�.y.t�, �.♦, F�- 'Ts� fnK51�� r�!I -A� 1 West Pack Coast Highway 5500 WesE t'ac1Etc COARE H- kway Ne-wpork Beaek, Cal��ornsa 4 0:101 Property Filesli CakfomiaMO01Tenant FileslSferiing BMW-Pkg Lotll.easelPatking Lot License Agmt-Winery Rev 10-17-18.wpd VA r 4 t,�.�r �' Yet • . ,� .x:, �� '''' _�'�a C� IL jn ' �y{ ,i -f .� a"rtt� +C �� f t \; �v - , � �\ ,,�},.,�+�`-'�l+rl�� .'4`• �ma�,,''T.� r -,, i��` -`' F °�.• - 4 ., l„�L�s .., y it t y�j �1.f +df • F We +,. IIA Nl # q Y L f' y.� Y'UY b ti 4� ~4 uj O i v r • O t 1 PROJECT REVIEW REQUEST COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Please Distribute to: Date: 4/24/2019 Building - Dan Kennedy Life Safety Services - Susan Guzzetta Please return PRR and Plans to Staff Planner Public Works- Brine/Keely/Almendralo/Cookee Patrick Achis, Planning Technician 949-644-3237, pachis@newportbeachca.gov Applicant: White Light Contact: Wesley H. Heinmiller Alan J. Stameisen wes@charterwhitelight.com Project Name White Light Valet Service Limited Term Permit Address: 3131 West Coast Highway PA2019-058 XP2019-001 To allow a valet service at 3131 West Coast Highway to park customers of a charter boat service,White Light, at 3300 West Coast Highway between the hours of 5 p.m. and 1 a.m., daily. REPORT REQUESTED BY: Wednesday, May 1, 2019 HearingTYPE» HEARING DATE: TBD Check all that apply: Notes: No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on ❑ To schedule an appt. for Code review ❑ To discuss the following (see notes) Si g n atu (Ext. Date Please indicate the approximate time spent on reviewing this project: Tmplt: 10/10/12 PROJECT REVIEW REQUEST COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Please Distribute to: Date: 4/24/2019 Building - Dan Kennedy Life Safety Services - Susan Gu=etta Please return PRR and Plans to Staff Planner Public Works - Brine/Keely/Al mend ralo/Cookee Patrick Achis, Planning Technician 949-644-3237, pachis@newportbeachca.gov Applicant: White Light Contact: Wesley H. Heinmiller Alan J. Stameisen wes@charterwhitelight.com Project Name White Light Valet Service Limited Term Permit Address: 3131 West Coast Highway PA2019-058 XP2019-001 To allow a valet service at 3131 West Coast Highway to park customers of a charter boat service, White Light, at 3300 West Coast Highway between the hours of 5 p.m. and 1 a.m., daily. REPORT REQUESTED BY- Wednesday, May 1, 2019 «HearingTYPE» HEARING DATE: TBD Check all that apply: Notes: ❑ No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. ❑ Recommended conditions of approval are attached. Application of Standard Code r quirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on ❑ To schedule an appt. for Code review ❑ To discuss the following (see notes) Signature Ext. Date Please indicate the approximate time spent on reviewing this project: Z Tmplt: 10/10/12 PROJECT REVIEW REQUEST COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Please Distribute to: Date: 4/24/2019 Building - Dan Kennedy Life Safety Services - Susan Guzzetta Please return PRR and Plans to Staff Planner Public Works - Brine/Keely/Almendralo/Cookee Patrick Achis, Planning Technician 949-644-3237, pachis@newportbeachca.gov Applicant: White Light Contact: Wesley H. Heinmiller Alan J. Stameisen wes@charterwhitelight.com Project Name White Light Valet Service Limited Term Permit Address: 3131 West Coast Highway PA2019-058 XP2019-001 To allow a valet service at 3131 West Coast Highway to park customers of a charter boat service, White Light, at 3300 West Coast Highway between the hours of 5 p.m. and 1 a.m., daily. REPORT REQUESTED BY: Wednesday, May 1, 2019 HearingTYPE» HEARING DATE: TBD Check all that apply: Notes: No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on ❑ To schedule an appt. for Code review 4 t� ❑ To discuss the following (see notes) Signa Ext. Date Please indicate the approximate time spent on 4viiewtng this project: Tmplt: 10/10/12