HomeMy WebLinkAbout111 21ST STRECEIVED BY
PLANNING DEPARTMENT
n!TY OF NEWPORT BEACH
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
August 5, 1991
TO: Bill Laycock, Current Planning Manager
FROM: Robin Flory, Assistant City Attorney
AU G G 1991
71819,10,11,12111213141516
SUBJ: 111 21st Street, Formerly "Stag" Restaurant
Attached you will find a copy of a Land Use Agreement with
regard to the above -referenced property. Please make sure that
this Agreement is included in the appropriate planning file for
future reference and enforcement of operating characteristics of
the new restaurant. Z
RF:gr
Attachment
gr/stagagt.mem
I
LAND USE AGREEMENT
This Agreement is made and entered this /7V*--day of
1991, by and between PEARL J. BRANCATO (formerly PEARL
J. REAGAN), as trustee of the Pearl J. Reagan Family Trust, dated
December 22, 1988 (hereinafter referred to as "Reagan") and BARRY
HERMANSON (hereinafter referred to as "Hermanson") and the City of
Newport Beach (hereinafter referred to as "City"), with respect to
the following facts:
1. Reagan is the present owner of the real property and
structures thereon located at 111 21st Place, Newport Beach,
California (hereinafter referred to as the "Property") and legally
described as:
Lots 15, 16 and 17 and Block 21 of Newport Beach Tract,
County of Orange, as recorded in Book 3, Page 26 of
Miscellaneous Maps in the Office of the County Recorder
of said County.
2. The Property is located within the City of Newport Beach
and is subject to the applicable Zoning Code of the City of Newport
Beach. The Property and the structures thereon are situated within
the SP-6 District which, pursuant to Section 20.61.060(B) of the
Newport Beach Municipal Code, permits the operation of a restaurant
upon the Property only upon issuance of a Use Permit.
3. Hermanson is the current tenant on the Property who
desires to re -open a restaurant on the Property.
4. A dispute exists between the City, Reagan and Hermanson
regarding the non-conformance status of the Property as a
restaurant and whether the re -opening of a restaurant on the
Property after a period, in excess of four (4) years of non-use
constitutes a continuation of the non -conforming use of the prior
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restaurant.
5. It is the desire of the City, Reagan and Hermanson to
avoid the time and expense of contested litigation and to seek a
mutually satisfactory settlement of their dispute. Therefore, the
City, Reagan and Hermanson agree to compromise their respected
interests in the Property as follows:
A. The City agrees that a restaurant may be re -opened
and operated on the Property so long as the restaurant
conforms to the same operational characteristics of the prior
non -conforming restaurant use.
B. Reagan and Hermanson agree that the operational
characteristics of the restaurant to be re -opened on the
Property will conform to the following operational
characteristics which "The Stag" restaurant had previously
followed:
(1) The hours of operation of the restaurant may be
from 7:00 a.m. until 2:00 a.m. The restaurant shall be
closed for business from 2:00 a.m. to 7:00 a.m. everyday.
(2) The service of food shall be the primary
function of the restaurant. Any service of alcoholic
beverages shall be incidental to the service of food;
(3) There shall be no live entertainment at the
restaurant at any time.
(4) The net public area of the restaurant shall not
exceed 870 square feet.
(5) The maximum occupancy load of the restaurant
shall be as required by the Fire Code.
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(6) There shall be no valet service.
C. Any expansion, or change of, the operational
characteristics of the new restaurant on the Property from
those described in Paragraph 5 above require approval of a Use
Permit from the City of Newport Beach.
6. This Land Use Agreement shall be binding upon the parties
hereto, and to their heirs, assignees and successors -in -interest.
7. It is expressly agreed by and between the parties hereto
that the various provisions contained in this Land Use Agreement
are severable. If any provision of this Land Use Agreement is held
to be invalid or unenforceable, all other provisions shall continue
in full force and effect.
OWNER n
Pearl J. BrancatV Formerly Pearl J.
Reagan, As Trustee Of The
PEARL J. REAGAN FAMILY TRUST
Dated December 22, 1988
TENANT
A Municipal Corporation
By:
APPROVED AS TO FORM: Robert L. Wynn
City Manager
Robin Flo y
Assistant Ci Attorney
gr/agr/121=fdn.agt
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