HomeMy WebLinkAboutTEMP USES APPROVED 1996-1997City of Newport Beach
Planning Commission Minutes
January 23, 1997 INDEX
Council also approved the Ebell Club zone change on the first reading and it will
o back to Council for approval on January27, 1997. The Thrifty Car Rental Use
P t, which the Planning Commission had denied, was at the Council on appeal
and continued to January 27,1997 with direction to staff to work on some
additions ditions of approval. The City Council has confirmed finalists to fill the
vacancy on th anning Commission and it will be decided on January 27, 1997.
The two candidate a Diane Coltrane and Richard Fuller. There was a special
study session on Janu 20, 1997, at which the zoning code update was
introduced to the Council. a was not any time for discussion, but the Council
members were able to raise iss o be addressed in the staff report for the first
public hearing which will be held o anuary 27, 1997. A presentation by the
Balboa Peninsula Planning Advisory Co ittee Study was made to the City
Council.
b.) Oral report by the Planning Director regarding Outdo ining Permits, Specialty
Food Permits, Modification Permits and Temporary Use it approvals - Ms.
Temple reported that Outdoor Dining Permit for Java Centrale, 0 Via Lido was
approved. Modification for 128 Via Undine was approved. Resub ion for 504
Marguerite Avenue was approved. Newport Beach Lot Line Adjustme r 901,
905 and 909 Zurich Circle was approved.
b-1.) TemporaryUse: Malarky's Pub, 3011 Newport Boulevard
Request to allow opening hour of 9:00 a.m. for one day event.
• Use Permit No.1792
Planning Director Temple reported that, in response to a complaint regarding
restaurant uses in Cannery Village, a review of conditions of approval of various
restaurants in the Cannery Village area was performed. It was determined that
Malarky's Restaurant, among other establishments, was operating beyond the limits
of their use permit approval, more specifically, they were opening earlier than their
authorized hours of operation of 5 o'clock p.m. on weekdays and 12 noon on
holidays. The applicant/owner of the restaurant has indicated to staff his intent to
apply for an amendment to his Use Permit to authorize earlier hours of operation
consistent with his standing business practice. There is insufficient time to allow for
an early opening on this up -coming Sunday, January 26, 1997. The applicant has
requested the Planning Director consider approving a temporary Use Permit to
allow him to open at 9:00 a.m. The reason for this request is due, in part, to the fact
that day is the champion game for the football league known as the Super Bowl.
Planning Director Temple noted the issue of compliance with the Conditions of
Approval of restaurants in the Cannery Village was engendered by the problems
associated with the number of alcohol beverage outlets in the area and their
extended hours of operation. It has been noted that some of the greatest alcohol
related problems are experienced in association with major sporting events. Staff is
of the opinion that the approval of extended hours in association with a major
sporting event has a greater likelihood of contributing to area wide alcohol
problems than would a normal Sunday brunch. Therefore, the approval of the
request could be determined to be detrimental to the health, safety, peace,
comfort and general welfare in the area. The sporting event in question, the Super
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City of Newport Beach
Planning Commission Minutes
January 23, 1997 INDEX
Bowl, does not commence until 3 o'clock p.m. The staff is also of the opinion that
the permitted opening hour of 12 o'clock noon adequately provides for patron
activities surrounding this event. Planning DirectorTemple recommended that this
request be denied.
Planning Director Temple noted that a competing factor in the Commission's
determination to uphold or overrule this recommendation is the fact that the
business has opened at the early hour for a number of years and the business has
been advertising its opening hour for this coming Sunday for several weeks. This
could cause some potential patrons to loiter in the area until the opening time
which could create a nuisance. Planning Director noted that the early opening on
Super Bowl Sunday for this particular business has not created any specific or
special problems in the past. If the Planning Commission, on that basis, overrules
the Director determination, the staff has suggested three conditions of approval.
Commissioner Selich asked if Malarkey's has been regularly opening at 9 o'clock
a.m. in violation of their Use Permit? Planning DirectorTemple related that from the
information from Malarkey's', they have been doing so for approximately 13 years
on a regular basis.
Commissioner Kranzley asked if any of the other bars and restaurants are opening
at similar hours in Cannery Village? Planning DirectorTemple responded that there
was not suffieient time to review the area completely, but there are individual
operations such as The Snug Harbor which are not subject to hours of limitation.
The only other specific event application the Planning Department has received is
not in Cannery Village but at Hooters where they plan to have outdoor cooking but
they're not planning on opening until 11 o'clock a.am.
Commissioner Ridgeway asked staff if this was a Public Hearing because it was not
Noticed? Planning Director Temple related that this is not the type of procedure
which requires a formal notice of a Public Hearing, rather, it is an open hearing.
She also stated they did attempt to get the word out to the greatest extent possible
as well as posting the revised Agenda. Chairman Adams stated the this items
would be open to a Public Hearing.
Chairman Kranzley asked if an analysis from the Police Department was available
regarding activities related to this or any other restaurant? Planning Director
Temple stated that there was not sufficient time to do an expanded analysis but
there was a representativefrom the Police Department presentwho could respond
to questions.
Public Hearing Opened
Bill Hamilton, Jr., Manager of Malarkey's at 3011 Newport Boulevard. Mr. Hamilton
stated that they have been operating against their Use Permit for 13 years. He
stated that they are in the process of applying for a new Use Permit. Mr. Hamilton
stated he realizes the problem with the area,residents and that Malarkey's has
spent $1,000 for security and cleaning up the area, and they are addressing the
problems. He does not feel that being open the additional hours in the morning will
12
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City of Newport Beach
Planning Commission Minutes
January 23, 1997 INDEX
add to the problems in the evening.
Commissioner Kranzley asked Mr. Hamilton if he was planning on utilizing the
security people in the morning hours. Mr. Hamilton stated he was not and will not if
required to do so because he does not think he could make the profit of $300.00
which would be the cost of providing the security people.
Commissioner Kranzley asked Mr. Hamilton how many years he has-been open on
Super Bowl Sunday at 9 o'clock. Mr. Hamilton stated that every Saturday and
Sunday for the last 13 years they have been open at 9 o'clock a.m.
Commissioner Ashley asked Mr. Hamilton how long he has owned the restaurant?
Mr. Hamilton stated he is the manager and it is owned by Western Canners who
also own The Cannery, and his father is the president of that company.
Commissioner Ashley stated that, in effect, the family has been knowingly
operating in violation of the Use Permit? Mr. Hamilton stated that they were not
aware of it.
Chairman Adams asked what the nature of their advertising for the Super Bowl
was? Mr. Hamilton stated it was on their marquee and word of mouth that they
were running food specials. Chairman Adams asked, since he was requesting the
opening for the Super Bowl, was the intent that people come into the establishment
at 9 o'clock a.m. with the thought of them staying all day? Mr. Hamilton stated
yes, and that people don't sit there and drink, they sit there and talk and watch TV.
Commissioner Kranzley asked Mr. Hamilton if he knows of any other bar or
restaurant that will be open at those hours. Mr. Hamilton stated he was not aware
of any.
Commissioner Selich asked what time they opened on the 18th and 19th of
January 1997? Mr. Hamilton stated he opened at 9 o'clock a.m. Commissioner
Selich asked if he opened at 9 o'clock a.m. after he was informed by the City that
he was in violation by opening at 9 o'clock? Mr. Hamilton stated he received a
letter on the 17th of January 1997; which gave them 7 days to comply.
Thomas Dixon who resides at 428 31st Street stated the reason this issued is being
considered is because b group called The Cannery Village Association did some
research on the Use Permits of the bars and nightclubs in the area and they
discoveredthat Mr. Hamilton was in violation at Malarkey's and had been for some
time. Mr. Dixon strongly urges the Planning Commission to deny the request for a
temporary Use Permit.
Commissioner Kranzley asked Mr. Dixon if they have had problems on Super Bowl
Sunday in the past during the daylight hours? Mr. Dixon stated that they have, and
there are drunks in the street al all times plus noise, debris, and vandalism.
Chairman Adams asked Mr. Hamilton if he was proposing any particular drink
specials on Sunday? Mr. Hamilton stated he was not.
13
City of Newport Beach
Planning Commission Minutes
January 23,1997 INDEX
Public Hearing Closed
Commissioner Kranzley asked if there was a representative from the Police
Department present? Planning Director Temple stated that Mr. Frizzell was in the
audience. Chairman Adams asked Mr. Frizzell to come forward.
Craig Frizzell, Detective, Vice Detail came forward and stated that he had just
learned of this particulartopic and did not have time to prepare for it. He stated
that routinely his unit reads all the paperwork that is generated by the Department
which includes all arrests, and they log all alcohol related arrests. In reviewing his
file, he cannot find any arrests in that location on Super Bowl Sunday in the last
several years.
Commissioner Ridgeway asked if those arrests were for any type of crime?
Detective Frizzell stated they were for alcohol related crime that can be tied back
to the particularlicensed location.
Commissioner Selich stated he would support the staff's recommendation. He
stated he is not particularly bothered by the additional three hours. He is more
concerned by the fact that they have been operating in that manner for 13 years.
CommissionerSelich feels that, at some point, a message must be sent out that the
Conditions of the Use Permit will be enforced. Commissioner Selich is in favor of
supporting the staff.
Chairman Adams asked the staff when they were alerted to the fact that
Malarkey's was in violation of their Use Permit? Planning Director Temple
responded that a group of the Cannery Village homeowners did some review in
Planning Department files and provided information to the staff which was then
verified through Code Enforcement fieldwork. Subsequent to the validation, letters
were sent out indicating the violation and giving them 7 days to bring their
operations into compliance. Planning Director Temple stated that the information
from the homeowners was received approximately five weeks ago. Upon
verification that the complaints were valid, then staff determined what the most
appropriate course to take was. Subsequentlythe letters were sent out.
Commissioner Kranzley stated he would sustain the Planning Director's
recommendation.
Commissioner Ashley stated that he is inclined to support the Planning Director's
recommendation. He too dislikes to interfere with an occasion like Super Bowl
Sunday, but when an applicant or an operation has been in violation of a
Condition of Approval that has been imposed, he does not see how they can
override that Condition of Approval. Commissioner Ashley feels they have to
uphold what was a requirement for that operation. As a result, his feeling is that
they have no choice but to prevent the operation from beginning before the 12
o'clock noon hourwhich is what is required of that restaurant on the weekend.
Commissioner Ridgeway stated that he agrees with Commissioner Selich that this
Condition was imposed some years ago and there has been a knowing violation.
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City of Newport Beach
Planning Commission Minutes
January 23,1997 INDEX
He sees the opening of the restaurant three hours early as minor, but to be
consistent with upholding both staff and the rules, he does not feel they have any
choice and agrees with CommissionerAshley.
Commissioner Kranzley stated that Mr. Hamilton and his father have shown a real
leadership in the Cannery Village Restaurant task force and feels they are making
some earnest attempts to make some positive changes. Commissioner Kranzley
stated that he understands that everyone is concerned about the violations of the
Use Permit and he concurs but wanted to make that statement on behalf of both
of the Hamiltons.
Commissioner Selich made a motion to uphold the Planning Director's
recommendation.
Ayes: Ridgeway, Kranzley, Adams, Selich, Adams
Noes: None
Absent: Gifford
Abstain: None
Oral report from Planning Commission's representative to the Economic
Development Committee- CommissionerSelich reported on January 22, 1977, the
DC had a discussion on the Balboa Peninsula Planning Advisory Committee report
has set up a task force to review it and make recommendations to the City
Co it prior to their meeting on February 10, 1997.
d.) Oral repo rom Planning Commission's representative to the Balboa Peninsula
Planning Ad ry Committee - Commissioner Kranzley reported that the BPPAC
report was pres led to the City Council on January 20, 1997 and it was well
received. A Com ity Outreach meeting will be held on February3, 1997 at the
American Legion Hall.
e.) Matters which a Planning mmissioner would like staff to report on at a
subsequent meeting - Comm 'oner Selich asked about any reaction to the
parking on Newport Center Drive. ffic Engineer Edmonston noted that no one
has called Traffic about it, but several pie who go there on a regular basis have
brought up the subject of how unattrac it is. He has checked with the Police
Department in terms of the amount of en ment and traffic citations and they
indicate they are issuing two or three citations ay, mostly in front of the Pacific
Mutual Building which is the most heavily parke ommissioner Kranzley noted
that a good job was done.
f.) Matters which a Planning Commissionermay wish to place a'future agenda for
action and staff report- none.
g.) Requests for excused absences- CommissionerGifford has asked to b xcused
from the two meetings in February, on the 6th and 201h
15
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�EarcoRT
CITY OOEWPORT BEACH
O� @
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
�9<�FORN�P
33oo NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644-3200, FAX (714) 644-3250
SUBJECT:
SUMMARY:
SUGGESTED
ACTION:
Backno
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISSION
Malarky's, 3011 Newport Boulevard
January 23, 1997
b.l
Patricia Temple
644-3200
Planning Director's recommendation to deny a temporary use to
allow opening hour of 9:00 a.m. for a one day event.
Sustain or reverse the Planning Director's recommendation to deny
the request.
At its meeting of May 20, 1976, the Planning Commission approved Use Permit No.
1792, which established the Malarky's Restaurant facility (formerly Paddy's Pub). An
excerpt of the minutes of that meeting are attached to this report.
In response to a complaint regarding restaurant uses in Cannery Village, a review of
conditions of approval of various restaurants in the Cannery Village area was performed.
It was determined that Malarky's Restaurant, among other establishments, was operating
beyond the limits of their use permit approval, more specifically regarding the hours of
operation. The subject Malarky's Restaurant was notified on January 17, 1997, by the
Code Enforcement Division, that the facility is limited to operating hours of 5:00 p.m. to
2:00 a.m., weekdays and 12:00 noon to 2:00 a.m. on weekends and holidays. The facility
has been serving lunch on weekdays and brunch on Sundays which is in violation of the
opening hours limitations, 5:00 p.m. and 12:00 noon, respectively.
Request of Applicant
The applicant requests approval of the temporary extension of the hours of operation of
the restaurant use to accommodate a one day event for Sunday January 26, 1997, which is
"Super Bowl Sunday," the day of the National Championship Game of the National
Football League. The existing Use Permit No. 1792 limits the operation to a 12:00 noon
opening hour on weekends and holidays. The applicant has submitted the attached letter
describing the request. As stated in that letter, the applicant will make formal application
to change the hours of operation on a continuing basis and will be scheduled for public
hearing at a future Planning Commission meeting.
Discussion
In accordance with Section 20.33.025 (B) of the Municipal Code, "The Planning Director
may authorize the temporary use of structures and land in any Commercial District for a
period of time not to exceed 90 days. Prior to approving a temporary use the Planning
Director shall inform the Planning Commission of the intent to permit the temporary use
and shall take whatever steps or precautions are necessary to assure that the use will be
consistent with the purpose and intent of this Section and that the land or building will be
restored at such time as the use is terminated."
The purpose and intent of Section 20.33.025 as specified in Section 20.33.020 (A), is "to
establish procedures whereby the Planning Director or the Planning Commission may
approve reasonable requests for interim or temporary uses of land or buildings when such
uses are consistent with the City's General Plan and the health, safety, peace, comfort and
general welfare of persons residing or working in the neighborhood and do not violate any
other ordinances and regulations of the City."
Analysis
The issue of compliance with the conditions of approval of restaurants in the Cannery
Village area was engendered in large measure by problems associated with the number of
alcohol beverage outlets in the area and their extended hours of operation. It has been
noted that some of the greatest alcohol related problems are experienced in association
with major sporting events (recently, the World Heavyweight Championship fight).
Therefore, staff is of the opinion that the approval of extended hours in association with a
major sporting event has a greater likelihood of contributing to areawide alcohol
problems than would a normal Sunday brunch. Therefore, the approval of the request
could be determined to be detrimental to the health, safety, peace, comfort and general
welfare of the area.
Additionally, the sporting event in question, the Super Bowl, does not commence until
3:00 pm. As such, staff is also of the opinion that the permitted opening hour of 12:00
noon adequately provides for patron activities surrounding this event. It is, therefore, the
recommendation of the Planning Director that the request be denied.
A competing factor in the Planning Commission's determination to uphold or overrule
the Director's recommendation is the fact that the business has opened at this early hour
for a number of years, and the business has been advertising its opening hour for this
coming Sunday for several weeks. This could cause some potential patrons to loiter in the
area until opening time, which could create a nuisance. Also, the early opening on Super
Bowl Sunday of this particular business has not created any specific or special problems
in the past. If the Planning Commission wishes to overrule the Director's determination,
the following conditions of approval are suggested:
1. That all applicable conditions of approval of Use Permit No. 1792 shall remain in
effect and that all required off -site parking shall be made available for the duration
of the temporary extended hours of operation.
2. That this approval is valid for one day January 26, 1997 only and that a Use
Permit approved by the Planning Commission shall be required for the continued
use of the extended hours and that no further temporary extensions of hours will
be recommended by the Planning Department to the Planning Commission in the
future.
That all p
Submitted by:
PATRICIAL. TI
Planning Directo
Attachments:
PLANNING DEPARTMENT (714) 644-3206
January 23, 1997
Malarky's
Attn: Mr. Bill Hamilton, Jr.
3011 Newport Boulevard
Newport Beach, California 92663
Subject: Temporary Extension of hours.
3011 Newport Boulevard
Dear Mr. Hamilton:
The Planning Commission at its meeting of January 23, 1997, concurred with the
recommendation of staff approving the minor extension of hours (9:00 a.m. opening
hour) for a single day January 26, 1997. Said use shall be subject to the following
conditions of approval:
1. That all applicable conditions of approval of Use Permit No. 1792 shall remain in
effect and that all required off -site parking shall be made available for the duration
of the temporary extended hours of operation.
2. That this approval is valid for one day January 26, 1997 only and that a Use
Permit approved by the Planning Commission shall be required for the continued
use of the extended hours and that no further temporary extensions of hours will
be recommended by the Planning Department to the Planning Commission in the
future.
3. That all patrons shall park in the designated parking areas.
M
Javier S. Garcia, AICP
Senior Planner
Attachment: Report to the Commission with Vicinity Map and Letter from Applicant
with Plot Plan
VICINITY MAP
MALARKY' S PUB
TEMPORARY USE (1 DAY)
SubiectProaerty and SurroundineLand Uses
Current Development: Developed with a single story restaurant structure and related on -site and off -site
parking. The property is surrounded by other commercial uses.
r1
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT (714) 644-3200
January 19, 1996
Mr. Peter Plotkin
509 31st Streeet
Newport Beach, CA 92663
RE: Temporary Installation of a Relocatable/Mobile Home on property
located at 509 31st Street
Dear Mr. Plotkin:
At its meeting of January 18, 1996, the Planning Commission approved the temporary installation of a
relocatable trailer/mobile home to be used as a construction officelresidence for a period of 90 days.
The following Conditions are required in conjunction with the approved development:
That the development shall be in substantial conformance with the attached plot plan and
floor plan.
2. That this approval shall be for an initial period of 90 days and may be extended by the
Planning Director.
That the application shall be subject to further review by the Building and Fire
Departments, and that all required building and/or electrical, plumbing and mechanical
permits shall be obtained.
4. That the off-street parking spaces used for the location of the temporary building shall be
restored at such time as the use is terminated.
5. That the Planning Director may add to or modify these conditions of approval, or
recommend to the Planning Commission or the City Council on appeal, the revocation of
this permit upon the determination that the use which is the subject of this permit cause
injury, or is detrimental'to the health, safety, peace, morals, comfort or general welfare of
the community.
3300 Newport' Boulevard, Newport Beach
If you have any questions regarding this matter, please give me a call at the above number.
PLANNING DEPARTMENT
$y \may ;sA &,ri,. �c
Genia Garcia
Associate Planner
Planning Commission Meeting January 18. 1996
Additional Business No, b
PLANNING DEPARTMENT
TO: Planning Commission
DATE: January 18, 1996
FROM: Patricia Temple, Planning Manager
RE: Temporary Installation of a RelocatabletMobile Home on property located at 509
31 st Street
Approval of installation of a relocatable trailer/mobile home to be used as a construction office for
a 90 day time period as requested, subject to the following conditions:
1. That the development shall be in substantial conformance with the attached plot plan
and floor plan.
2. That this approval shall be for an initial period of 90 days and may be extended by the
Planning Director.
3. That the application shall be subject to further review by the Building and Fire
Departments, and that all required building and/or electrical, plumbing and mechanical
permits shall be obtained.
4. That the off-street parking spaces used for the location of the temporary building shall
be restored at such time as the use is terminated.
5. That the Planning Director may add to or modify these conditions of approval, or
recommend to the Planning Commission or the City -Council on appeal, the revocation
of this permit upon the determination that the use which is the subject of this permit
cause injury, or is detrimental to the health, safety, peace, morals, comfort or general
welfare of the community.
w
VICIMTY MAP
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TEMPORARY USE
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7
RC
Temporary Use of Land
January 18,1996
Page 7
OR
•
KEN DELINO
DIRECTOR OF PLANNING
CITY HALL,
NEWPORT BEACH, CA 92663
PETER PLOTKIN
509 31ST ST
NEWPORT BEACH, CA 92663
DEAR SIR
WAKE) BY
PLANNING DEPARTMENT
^ITY OF NI:WPORT BEACH
AM JAN 0 41996 -PM
718191101HI12111213141516
4
,TAN 4, 1996
APPROVAL IS REQUESTED TO LOCATE TEMPORARILY A MOBILE OFFICE,
MOBILE HOME OR R.V. IN THE REAR PARKING AREA OF 509 31ST
STREET FOR A PERIOD OF 90 DAYS WHILE CONSTRUCTION TAKES
PLACE TO REMODEL THE SECOND FLOOR EXISTING RESIDENCE.
THE EXISTING STREET FLOOR IS A GIFT SHOP. THE OWNER OF THE
GIFT SHOP WANTS TO BE NEARBY DURING CONSTRUCTION AND WILL BE
THE SOLE OCCUPANT IN ANY TEMPORARY FACILITY.
3
9
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT (714) 644-3200
January 5, 1995
Fred Kazempoor
Regatta Cafe
3421 Via Lido
Newport Beach, Ca. 92663
Re: Temporary Use of Live Entertainment in conjunction with restaurant Use Permit No. 1799 _
(Amended)
Dear Mr. Kazempoor:
With concurrence of the Planning Commission, I have approved live entertainment for a 90 day
time period as requested in your letter of December 1, 1995, subject to the following conditions:
The live entertainment shall consist of no more than two musicians, singers or
combination thereof.
2. There shall be no amplification.
3. The noise levels are to conform with the standards contained in the City of
Newport Beach Noise Ordinance.
4. The temporary use will terminate upon receipt of unresolved complaints from any
residential area.
5. Continuation of the use beyond 90 days of this date requires approval of an
amendment to Use Permit No. 1799 (Amended).
If you have any questions, please contact Patricia Temple, Planning Manager, at 644-3200.
Sincerely,
I�
Patricia Temple
Planning Manager
PT:dk
3300 Newport Boulevard, Newport Beach
L
October 25, 1995
David Axe
% Dolce Ristorante
800 W. Coast Hwy.
Newport Beach, Ca. 92663
Subject Property: 800 W. Coast Highway, Newport Beach, California
rescission of Temporary Use Permit
Re: Use Permit No. 3542
Dear Mr. Axe;
Mr. Jim Sinasek, the Code Enforcement Supervisor, has advised me that you are utilizing
more than your authorized two musicians, singers or combination thereof and that you are
utilizing sound amplification. This activity occurred Saturday evening, October 21, 1995.
Subsequent to that advice we also received a letter of complaint. Apparently the Police
Department was informed and it required two visits to put an end to the amplified music.
Since this activity violates the conditions of approval granted by my letter dated
September 22, 1995 your temporary approval for live entertainment is hereby rescinded.
Any continued live entertainment at your establishment may result in rescission of your
Use Permit to operate a restaurant and or civil action by the City Attorney.
To discuss this letter you may reach me at 644-3222.
Kenneth J. Delino
Assistant City Manager, Planning and Building
xc: Vice and Intelligence, Newport Beach Police Department
CITY OF NEWPORT BEACH
P.O. BOX 1768. NEWPORT BEACH, CA 92658-8915
October 24, 1995
David Axe
% Dolce Ristorante
800 W. Coast Hwy.
Newport Beach, Ca. 92663
Subject Property: 800 W. Coast highway, Newport Beach, California
Re: Use Permit No. 3542
Dear Mr. Axe:
On September 22, 1995 the Assistant City Manager, Planning and Building, with the
concurrence of the Planning Commission, approved your request for the temporary use of
live entertainment. Two of the conditions under which your approval was granted were
such that:
The live entertainment shall consist of no more than two musicians, singers or
combination thereof; and,
There shall be no amplification.
It has now come to the attention of this department that you are not abiding by these
conditions. As such you are jeopardizing any further chances of obtaining approval of this
activity on a permanent basis. This activity is also contrary to your request of September
21, 1995 at which time you had indicated that the entertainment would be "soft
background music."
Therefore, immediately upon receipt of this letter you are to eliminate any further
sound amplification and you are, also to limit Your live entertainment to no more
than two singers musicians or combination thereof. Your failure to adhere to this
request will result in this matter being referred to the office of the City Attorney for
appropriate action.
On behalf of the City we would like to thank you for your help in resolving this issue in a
timely and amicable fashion.
3300 Newport Boulevard, Newport Beach
October 24, 1995 •
Page 2
To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00
a.m. or 3:30 to 4:00 p.m. at 644-3215.
Very truly yours,
BUILDING DEPARTMENT
Raimar Schuller, Building Director
BtCCode
se
nforcement Supervisor
xd Intelligence, Newport Beach Police Department
Use Permit File No. 3542
0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT (714) 644-3225
September 22, 1995
David Axe
Dolce Ristorante
800 West Coast Highway
Newport Beach, CA 92663
Dear Mr. Axe:
With concurrence of the Planning Commission, I have approved live entertainment for a 90 day
time period as requested in your letter of September 21, 1995, subject to the following conditions:
The live entertainment shall consist of no more than two musicians, singers or
combination thereof.
2. There shall be no amplification.
3. The noise levels are to conform with the standards contained in the City of
Newport Beach Noise Ordinance.
4. The temporary use will terminate upon receipt of unresolved complaints from any
residential area.
5. Continuation of the use beyond 90 days of this date requires approval of an
amendment to Use Permit No. 3542.
If you have any questions, please contact Patricia Temple, Planning Manager, at 644-3225.
Kenneth 3�
Assistant City Manager, Planning and Building
rwarin%Dol= let
3300 Newport Boulevard, Newport Beach
- 0 A
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT 644-3200 C
O�J
Ir
June 5, 1997
Thacker Enterprises
8166 E. Periwinkle Lane
Anaheim, California 92808
RE: Extension of Expiration Date, Temporary Use of a Strawberry Stand
Dear Sir,
Pursuant to our recent telephone conversation, you have requested an extension of the expiration
date of a Temporary Use of a Strawberry Stand which expired on May 25 1997. Pursuant to Section
20.91.050 of the Municipal Code, the Planning Director may grant a time extension of the
expiration date for a use permit for a period not to exceed 3 years.
I have considered your request for an extension of time and have approved an extension to July 1,
1997 contingent on the implementation of all conditions of approval still outstanding per our
discussion (i.e., no parking sign and a building permit).
Should you have any questions, please contact Jay Garcia at 644-3206.
R
Patricia Temple
Planning Director
Attachment: Copy of Approval letter dated February 26,1997
FAUSERSTLMSHAREDII UP -EX AStrbrtux.Doc
3300 Newport Boulevard, Newport Beach
0
CITY OF NEWPORT BEACH
26, 1997
Thacker Enterprises
8166 E, Periwinkle Lane
Anaheim, CA 92808
Subject: Temporary Use of a Strawberry Stand
Applicant - Ted Thacker, Thacker Berry Farms
LOCATION: 2400 E. Coast Highway (Corner of East Coast Highway and Avocado
Avenue, a vacant lot, aka Corona del Mar Plaza site)
The Planning Commission at its meeting of February 20, 1997, concurred with the
recommendation of staff approving a temporary use (strawberry stand) for a period not to
exceed 90 days from February 21, 1997. Said use shall be subject to the following
conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along East
Coast Highway and 10 feet behind the back of curb along MacArthur Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject property or on Avocado
Avenue and not along the public right-of-way on East Coast Highway or MacArthur
Boulevard. Signs shall be approved by the City Traffic Engineer and posted on the
easterly side of Avocado Avenue establishing no parking within 200 feet north of the
intersection of Coast Highway and Avocado Avenue.
4. That no temporary A -frame or other similar temporary signs shall be utilized either
on -site or off -site to advertise the subject temporary use. Signs of a permanent nature
may be permitted at the intersection of East Coast Highway and Avocado Avenue and
the applicant shall also provide directional signage to aid patrons regarding access or
parking for the subject facility. '
5. That a building permit shall be obtained from the Building Department and the
appropriate clean-up deposit shall be posted to insure maintenance and clean-up of the
subject property after removal of the temporary use. The applicant shall obtain
approval from the City Traffic Engineer for the site access(es) and parking area prior
3300 Newport Boulevard, Newport Beach
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THE IRVINE COMPANY
Sent via Facsimile (644-3250)
January 30, 1997
Mr. Javier S. Garcia
Senior Planner
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658-8915
Re: Thacker Berry Farms Strawberry Stand
Dear Mr. Garcia:
This letter is to advise that The Leine Company will authorize use of the area located at the comer
of East Coast highway and Avocado Avenue for the Thacker Berry Farms stand which will
commence approximately February 15, 1997 until May 15, 1997. This authorization, however, will
be approved only if the following conditions are met:
Conditions of an Entry Permit issued by The Irvine Company is approved by both parties.
Entry Permit fee is paid by Thacker Berry Farms
Insurance required by The Irvine Company is submitted and current
If you have any questions regarding the above, please feel free to call me at (714) 720-2243.
Sincerely,
-T�pM l.k)e-
Thomas B. Lee
Director, Project Management
Irvine Industrial Company
thscWo-
P.O_ Box 6370, Newport Beach, California 92658.6370
z/z'd ANCdWOJ 3NIAdl 3Hi WdbE:VO L6, 60 Had
Mr. Thacker,
We have changed the procedure for temporary uses and you must fill out this application. I will
accept the letter from the Irvine Company as your authorization to make the application on
behalf of the Irvine Company. We also must post these types of temporary uses on the Planning
Commission agenda a minimum of 3 days prior to the meeting and I did not receive the letter
from the Irvine Company until this morning and so I cannot schedule this matter until the
Meeting of February 20, 1997. I am sorry for any inconvenience. If you have any questions
please call me at 644-3206.
Ll
•
CITY OF NEWPORT BEACH
26, 1997
Thacker Enterprises
8166 E. Periwinkle Lane
Anaheim, CA 92808
Subject: Temporary Use of a Strawberry Stand
Applicant - Ted Thacker, Thacker Berry Farms
LOCATION: 2400 E. Coast Highway (Corner of East Coast Highway and Avocado
Avenue, a vacant lot, aka Corona del Mar Plaza site)
The Planning Commission at its meeting of February 20, 1997, concurred with the
recommendation of staff approving a temporary use (strawberry stand) for a period not to
exceed 90 days from February 21, 1997. Said use shall be subject to the following
conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along East
Coast Highway and 10 feet behind the back of curb along MacArthur Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject property or on Avocado
Avenue and not along the public right-of-way on East Coast Highway or MacArthur
Boulevard. Signs shall be approved by the City Traffic Engineer and posted on the
easterly side of Avocado Avenue establishing no parking within 200 feet north of the
intersection of Coast Highway and Avocado Avenue.
4. That no temporary A -frame or other similar temporary signs shall be utilized either
on -site or off -site to advertise the subject temporary use. Signs of a permanent nature
may be permitted at the intersection of East Coast Highway and Avocado Avenue and
the applicant shall also provide directional signage to aid patrons regarding access or
parking for the subject facility.
5. That a building permit shall be obtained from the Building Department and the
appropriate clean-up deposit shall be posted to insure maintenance and clean-up of the
subject property after removal of the temporary use. The applicant shall obtain
approval from the City Traffic Engineer for the site access(es) and parking area prior
3300 Newport Boulevard, Newport Beach
to the issuance of the building permit and implementation of the proposed temporary
use.
6. That this temporary use shall terminate upon evidence that the facility is operating in
violation of any of the above conditions of approval or upon receipt of unresolved
complaints.
7. That this approval is valid for 90 days.
By
Genia Garcia
Associate Planner
Attachment: Report to the Commission with Vicinity Map and Letter from Applicant
with Plot Plan
�EWPOR� CITY OEWPORTBEACH wring Date: February 20, 1997
COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: b.l
x PLANNING DEPARTMENT Staff Person: Patricia Temple
CAI, FON��P 33oo NEWPORT BOULEVARD 644-3200
NEWPORT BEACH, CA 92658
(P4) 644-3200; FAX (714) 644-3250
REPORT TO THE PLANNING COMMISSION
SUBJECT: Temporary Use located at 2400 East Coast Highway (Corner of
East Coast Highway and Avocado Avenue, a vacant lot, aka Corona
del Mar Plaza site).
SUMMARY: Planning Director's recommendation to approve a temporary use of
a strawberry stand for a period not to exceed 90 days from February
21, 1997 to May 21, 1997.
APPLICANT: Ted Thacker, Thacker Berry Farms
SUGGESTED
ACTION: Sustain or reverse the Planning Director's recommendation to
approve the request.
Background
At its meeting of March 7, 1996, the Planning Commission approved a temporary use of
a strawberry stand at the above address. The strawberry stand approval allowed the
applicant to be able to sell fresh fiuit from a stand at this location for a period of 90 days.
Staff has reported no problems associated with this use at this location. As this is a
seasonal use, the Planning Department receives requests each year for fiuit stands during
the months of February through June.
Request of Applicant
The applicant requests approval of a temporary use for a strawberry stand and has
attached a letter describing his business. With permission from the property owner, the
applicant is returning to the same location.
Discussion
In accordance with Section 20.33.025 (B) of the Municipal Code, "The Planning Director
may authorize the temporary use of structures and land in any Commercial District for a
period of time not to exceed 90 days. Prior to approving a temporary use the Planning
Director shall inform the Planning Commission of the intent to permit the temporary use
and shall take whatever steps or precautions are necessary to assure that the use will be
consistent with the purpose and intent of this Section and that the land or building will be
restored at such time as the use is terminated:'
The purpose and intent of Section 20.33.025 as specified in Section 20.33.020 (A), is "to
establish procedures whereby the Planning Director or the Planning Commission may
approve reasonable requests for interim or temporary uses of land or buildings when such
uses are consistent with the City's General Plan and the health, safety, peace, comfort and
general welfare of persons residing or working in the neighborhood and do not violate any
other ordinances and regulations of the City."
If the Planning Commission wishes to sustain the Planning Director's determination, the
following conditions of approval are suggested:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along East
Coast Highway and 10 feet behind the back of curb along MacArthur Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject property or on Avocado
Avenue and not along the public right-of-way on East Coast Highway or MacArthur
Boulevard. Signs shall be approved by the City Traffic Engineer and posted on the
easterly side of Avocado Avenue establishing no parking within 200 feet north of the
intersection of Coast Highway and Avocado Avenue.
4. That no temporary A -frame or other similar temporary signs shall be utilized either
on -site or off -site to advertise the subject temporary use. Signs of a permanent nature
may be permitted at the intersection of East Coast Highway and Avocado Avenue and
the applicant shall also provide directional signage to aid patrons regarding access or
parking for the subject facility.
5. That a building permit shall be obtained from the Building Department and the
appropriate clean-up deposit shall be posted to insure maintenance and clean-up of the
subject property after removal of the temporary use. The applicant shall obtain
approval from the City Traffic Engineer for the site access(es) and parking area prior
to the issuance of the building permit and implementation of the proposed temporary
use.
6. That this temporary use shall terminate upon evidence that the facility is operating in
violation of any of the above conditions of approval or upon receipt of unresolved
complaints.
7. That this approval is valid for 90 days.
Submitted by:
PATRICIA L. TEMPLE
Planning Di1rector, _ q
Attachments: Vicinity Map
Letter from Applicant Describing Request
3
hacker Berry Farms
� R
�,A%
O U B VERS
�r
THANK YOU FOR YOUR TIME AND THIS OPPORTUNITY TO BRIEFLY DESCRIBE OUR FAMILY -OWNED OPERATION.
PRODUCT;
SWEET, LARGE, FRESH STRAWBERRIES IS OUR BUSINESS. THEY ARE DELIVERED EACH MORNING, PICKED OFF
THE VINE THAT SAME MORNING. WE SELL OUT EVERYDAY, IF WE HAVE ANY BERRIES LEFT OVER WE HAVE CONTRACTS
WITH RESTAURANTS 10 TAKE THEM TO. SO TO ENSURE OUR CUSTOMERS FRESH STRAWBERRIES PICKED THE SAME DAY
THEY PURCHASE THEM. THIS SERVICE IS VERY UNIQUE AND MUCH NEEDED IN ANY COMMUNITY. WITHOUT
UNDERMINING OUR LOCAL SUPERMARKETS, THEY ARE SIMPLY TOO LARGE OF AN OPERATION TO RENDER THIS
SERVICE IN FACT, SUPERMARKETS MUST PICK THE BERRIES HALF -GREEN -HALF RIPE AND THEN GAS THE BERRIES WITH
CARBON -DIOXIDE TO SLOW DOWN THE RIPENING PROCESS TO ENSURE A WEEKLY SHELF -LIFE INSTEAD OF A DAILY
ONE. WE SPECIALIZE IN STRAWBERRIES AND WE KNOW IT IS THE ALL-TIME AMERICAN FAVORITE FRUITI IN FACT, IN
OUR PEAK -PART OF THE SEASON OUR FIELDS PRODUCE STRAWBERRIES FOUR -INCHES LONG AND TWO -AND -A -
HALF INCHES THICK, RIPENED TO COMPLETE PERFECTION AND FILLED WITH THAT WHOLESOME, HEAVEN -LIKE FLAVOR
MOTHER NATURE INTENDED.
WHAT WE OFFER YOUR CITY:
IN MANY AFFLUENT CITIES LIKE CORONA, IRVINE, LAGUNA BEACH, HUNTINGTON BEACH, PALOS VERDES,
LONG BEACH, BIXBY KNOLLS ETC., ETC., YOU WILL NOTICE BETWEEN THE MONTHS OF FEBRUARY AND f UNE
MANY STRAWBERRIES STANDS. EVERY CITY THAT HAS EVER TRIED THIS UNIQUE SERVICE HAS HAD OVERWHELMING
PRAISE FROM ITS RESIDENTS.
AREA. WELL RUN, WELL KEPT STRAWBERRY STANDS ADD A CERTAIN COUNTRY CHARM TO A METROPOLITAN
OUR STANDS ALWAYS LOOK NEAT AND BRAND NEW AND HAVE NO NEED OF ELECTRICITY SINCE WE SELL
IN DAY -LIGHT HOURS ONLY.
"THACKER BERRY FARM" STRAWBERRY STANDS DRESS -UP AND MAKE GOOD USE OF EMPTY LOTS.
THEY ARE ALSO A WELCOME ADDITION TO ANY OVER -SIZED PARKING LOT SINCE THEY ONLY TAKE UP ONE
PARKING STALL, PROVIDED THE LANDLORD'S PERMISSION.
WE AT "THACKER BERRY FARM" LIKE TO GIVE BACK TO COMMUNITY BY CONTRIBUTING A PORTION OF
EACH BOX OF STRAWBERRIES SOLD TO A LOCAL CHARITY OF THE CITY'S CHOICE.
TRY US:
GIVE US A 30 OR 45 DAY TRIAL PERIOD. I'M SURE YOU AND YOUR COMMUNITY WILL AGREE WITH ALL
THE OTHER CITIES THAT HAVE TRIED US. "WE BRING THE COUNTRY TO YOU,"
FOR MORE INFORMATION PLEASE CALL 1 (SOO) 593-5867.
SINCERELY YOURS,
CO-OWNER TED THACKER
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CITY OF NEWPORT BEACH
March 6, 1997
Pumpkin City's Strawberries
23162 Los Alisos Boulevard
Suite 205
Mission Viejo, CA 92691
Subject: Temporary Use of a Strawberry Stand
Applicant - Doug Van Patten, Pumpkin City's Strawberries
LOCATION: 3900 E. Coast Highway (vacant lot between Hazel Drive
and Buck Gully on the north side of East Coast Highway, the former
Unocal site).
The Planning Commission at its meeting of March 6, 1997, concurred with the
recommendation of staff approving a temporary use (strawberry stand) for a period not to
exceed 90 days from March 6, 1997. Said use shall be subject to the following conditions
of approval:
1. That the stand shall be located at least 10 feet behind the back of the fence located on
the property along East Coast Highway.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park on the subject property. The applicant shall
provide directional signage to aid patrons regarding access or parking for the
temporary use. Signs shall be approved by the City Traffic Engineer.
4. That no temporary A -frame or other similar temporary signs, balloons, pennants or
banners shall be utilized either on -site or off -site to advertise the subject temporary
use. Signs of a permanent nature may be permitted.
5. That a building permit shall be obtained from the Building Department and the
appropriate clean-up deposit shall be posted to insure maintenance and clean-up of the
subject property after removal of the temporary use. The applicant shall obtain
approval from the City Traffic Engineer for the site access(es) and parking area prior
to the issuance of the building permit and implementation of the proposed temporary
use.
3300 Newport Boulevard, Newport Beach
6. That this temporary use shall terminate upon evidence that the facility is operating in
violation of any of the above conditions of approval or upon receipt of unresolved
complaints.
7. That this approval is valid for 90 days.
Genia Garcia
Associate Planner
Attachment: Report to the Commission with Vicinity Map and Letter from Applicant
with Plot Plan
Planning Commission Meeting March 6, 1997
CITY OF NEWPORT BEACH
TO: Planning Commission
DATE: March 6, 1997
FROM: Patricia L. Temple, Planning Director
RE: Temporary Use of a Strawberry Stand
Applicant - Doug Van Patten, Pumpkin City'sStrawberries
LOCATION: 3900 East Coast Highway (vacant lot between Hazel Drive and Buck Gully on the
north side of East Coast Highway, formerly the Unocal site).
Approval of a temporary use (strawberry stand) for a period not to exceed 90 days from March 6,
1997 to June 6, 1997. Said use will be subject to the following conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of the fence located on the
property along East Coast Highway.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park on the subject property. The applicant shall provide
directional signage to aid patrons regarding access or parking for the temporary use. Signs
shall be approved by the City Traffic Engineer.
4. That no temporary A -frame or other similar temporary signs, balloons, pennants or banners
shall be utilized either on -site or off -site to advertise the subject temporary use. Signs of a
permanent nature may be permitted.
5. That a building permit shall be obtained from the Building Department and the appropriate
clean-up deposit shall be posted to insure maintenance and clean-up of the subject property
after removal of the temporary use. The applicant shall obtain approval from the City Traffic
Engineer for the site access(es) and parking area prior to the issuance of the building permit
and implementation of the proposed temporary use.
6. That this temporary use shall terminate upon evidence that the facility is operating in
violation of any of the above conditions of approval or upon receipt of unresolved
complaints.
7. That this approval is valid for 90 days.
Attachments: Letter from the Applicant with a Plot Plan
y. 1'A min City, Inc.
-<r Pumpkin Farm, Christmas Trees, Strawberries
February 27, 1997
Jay Garcia
City of Newport Beach
Planning Department
Dear Mr. Garcia,
Pumpkin city's Pumpkin Farm would like to operate a strawberry
stand at 3900 E. Coast Highway, near Gallo's Italian Deli, in the
City of Corona Del Mar. This location is presently a dirt
parking lot. ,
The dates of operation would take place between March 1, 1997 and
June 30, 1997. The hours of operation are from 10 AM till
6 PM.
Included with this letter is a plot plan, copy of the contract
and a picture of the stand. Please let me know what if there is
any additional things you need. If you would like additional
information please give me a call at 714-768-1103. Thank you
very much, I will be looking forward to your reply.
Sincerely,
L,g�:;-
Doug Van Patten
DVP/Pg
23162 Los Alisos Blvd., Suite 205, Mission Viejo, CA 92691 Tel 714.768-1103 Fax 714-768.6615
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Planning Commission Meeting March 6, 1997
CITY OF NEWPORT BEACH
TO: Planning Commission
DATE: March 6, 1997
FROM: Patricia L. Temple, Planning Director
RE: Temporary Use of a Strawberry Stand
Applicant - Doug Van Patten, Pumpkin City'EStrawberries
LOCATION: 3900 East Coast Highway (vacant lot between Hazel Drive and Buck Gully on the
north side of East Coast Highway, formerly the Unocal site).
Approval of a temporary use (strawberry stand) for a period not to exceed 90 days from March 6,
1997 to June 6, 1997. Said use will be subject to the following conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of the fence located on the
property along East Coast Highway.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park on the subject property. The applicant shall provide
directional signage to aid patrons regarding access or parking for the temporary use. Signs
shall be approved by the City Traffic Engineer.
4. That no temporary A -frame or other similar temporary signs, balloons, pennants or banners
shall be utilized either on -site or off -site to advertise the subject temporary use. Signs of a
permanent nature may be permitted.
5. That a building permit shall be obtained from the Building Department and the appropriate
clean-up deposit shall be posted to insure maintenance and clean-up of the subject property
after removal of the temporary use. The applicant shall obtain approval from the City Traffic
Engineer for the site access(es) and parking area prior to the issuance of the building permit
and implementation of the proposed temporary use.
6. That this temporary use shall terminate upon evidence that the facility is operating in
violation of any of the above conditions of approval or upon receipt of unresolved
complaints.
7. That this approval is valid for 90 days.
Attachments: Letter from the Applicant with a Plot Plan
�1
1'um,�lcin City, Inc.
Pumpkin Farm, Christmas Trees, Strawberries
February 27, 1997
Jay Garcia
City of Newport Beach
Planning Department
Dear Mr. Garcia,
Pumpkin City's Pumpkin Farm would like to operate a strawberry
stand at 3900 E. Coast Highway, near Gallo's Italian Deli, in the
City of Corona Del Mar. This location is presently a dirt
parking lot.
The dates of operation would take place between March 1, 1997 and
June 30, 1997. The hours of operation are from 10 AM till
6 PM.
Included with this letter is a plot plan, copy of the contract
and a picture of the stand. Please let me know what if there is
any additional things you need. If you would like additional
information please give me a call at 714-768-1103. Thank you
very much, I will be looking forward to your reply.
Sincerely,
<: ug�L-
Doug Van Patten
DVP/p9
23162Los AlisosBlvd..,Suite 205,Mission Viejo, CA92691 Tel714-768.1103 Fax714-768.6615
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APPLICATION No.
PERMIT FOR A TEMPORARISSE (TYPE 1)Z • ApplicationRec'd by
CITY OF NEWPORT BEACH Fee: $
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
Applicant (Print) Q Pn Plc.t nJ C ITY S STRAkrasEemle's Phd7�l'
Address of Property Involved 3 9 0 0 C. 50 "t a z kw Y,
Mailing Address ?-31 b 2 L o s A c i S o s (`3c- v p $ re, 2a 5— rvl t S S/ o N vlec9-U (/* 106 f I
Property Owner tA A lr 'H A tN Phone(] / y) ? qti
Mailing Address 5'61 Sari Qtc,t-toc,wS OP-. STr- 3O(o I,1tTwPoaT De" G� g264a
Purpose of Application (describe fully) ^C'F-A POTL A," SALE-.) D F �fL ES H
—PICK-L-D 5TRAW13E1R.E.tE1
Present Use Dlat r L,,T Proposed Use TiFN%?6n-wNY ST'alkw fOysTZone
Proposed: 9 (
a. Total Area of All Structures(squarefootage): Indoor Areas: �P
Outdoor Areas: &—
b. Area (square footage) of the proposed temporary use:
Indicate Previous Modifications,Use Permits, Specialty Food Service Permits, etc.
Legal Description of Property Involved (if too long, attach separate sheet)
PROP RTYOWNER'SAFFIDAVIT
(I) (We) D� C,— 4�w depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements
and answers herein contained and the information herewith submitted are in 11 respects true and correct to the best of (my)
(our) knowledge and belief.
Signature(s)
NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application.
DO NOT COMPLETE APPLICATIONBELOW THIS LINE
Date Filed Fee Pd. k) ,L r ReceiptNo.
HearingDate 1— - Olt
Planning Director
Date `) - In
P.C. Hearing ')-3 �
C.C. Hearing
Appeal (�
P.C. Action hm9 .
Appeal
C.C. Action _
2 TYPE I applications are for a temporary use less than 90 days in duration.
•' 0
Pum�lcin City, Inc.
Pumpkin Farm, Cbristmas Trees, Strawberries
January 31, 1997
Mag Hanna
567 San Nicholas Dr. Ste. 306
Newport Beach, CA 92660
GENERAL AGREEMENT CONTRACT
This letter will constitute our agreement with respect to the
permission you have given me for temporary use of a small portion
of the parking lot located at 3900 E. Coast Highway next to
Gallo's Italian Deli.
1. You hereby grant me an exclusive license to use the premises
as outlined from approximately March 1 through July 4, 1997. The
property is to be used for the sale of strawberries. (DBA
Pumpkin city's Pumpkin Farm, Inc.)
2. I agree to pay you a license fee of $1000.00 per month, or a
pro -rated portion thereof, for the strawberry season. The
license fee will commence from the opening day of business, and
will be paid on the first day of the month. The beginning and
ending of the strawberry season is determined by the availability
of the crops. The actual opening and closing dates may vary.
3. I agree during the period of our license to maintain a policy
of corr��@�iet�s$�Qgnera� pub„c liability insurance in which
r shall be named as an
additional insured, covering all of our operations on your
property,'with limits of liability of not less than $1,000,000.
for personal injury and for property damage. The insurance shall
not be canceled during the license period except upon 10 days
notice to us, and I shall send forthwith a certificate of
insurance showing that such insurance is in effect, prior to
commencement period. Insurance Company shall have an A plus
rating.
23162 Los Alisos Blvd,, Suite205, Mission Viejo, CA 92691 Te1714-768.1103 Fax 714.768.6615
4. I acknowledge that I have carefully examined the property. I
have found it to be in safe condition and satisfactory for our
purpose,;and I agree that neither you nor anyone acting in your
behalf has made any representations, warranties or statements to
me concerning the condition of the property. Accordingly I accept
the property in its as is condition. I will leave the property
free and clear of all rubbish and debris at the expiration of my
license period.
5. In the event the City of Newport Beach does not allow this
location to be permitted for whatever reason, this contract will
be null and void.
If the foregoing correctly sets forth our agreement please sign
and return the enclosed copy of this letter. I sincerely
appreciate you taking the time to deal with us. Thank you again.
sincerely,,
1'�VanI.Ct -gyp
Doug Patten
DVP;Pg
ACCEPTED AND AGREED
By Date Z L 7
C6rtffi6te Holder
8 Namo Pum klau"Cit " Pumpkin Farm
Addrea-'
City. Mi"S,SiortTvie io,._CA 92692
HMO= Phona-
Business P110110 71
...........
LOCATION
. . . . . . . . . . . .
1: Alton PlEwy & Muirlands Blvd.
;U & Southwest Corner
2
3
4
�7
8
0,
lQ
11
12
13
14,
15
16
17,
18
20
:0
is,
MR 6TjC
CERTIFICATE
CERTIFICATE NUMBER; OC12395E
FMm $35.00
ISSUING COUNTY: Orange
ISSUING DATE: 1/22/97
EXPIIMON DAIM., IM/98
LOCATION 3:
LOCATION4:
stedbelow and grown,wlihin the issulyj;
at 9 certified farmers"marketwithin that
,EstP;oduedon
I M a r"-RMXf1i1T141VA1DTCTV -Amntint/A�.Aam Ramest Season '(Gross Weight)
Strawverriag
1.000/ac
PumDkins, ;
Fall
180 tons
Whit�� Corn
Silmmer—Spring.
506 etn.
IN%
= 7 71
`7
Thb I cafficato b issued tmd4 authority -of Title 3, Chapter 3. Article 6.5 of the California Code of Regulations. It authorizes
ftc .qdW producer to sell pr&ducedirecfly to consumers. Products authorized by this certificate may not be purchased for
resile:"t -ducts purchased oyconsmer(s)-for.nooproritreqtc.
pro
CONRIMOUS1
kiqbaid'Le Fauv a byr
Issuing Commissioner orange 'County
I
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ATTACHMENT 3
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EXHIBIT "B"
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FROM, : BROR MONBER13 ARCHITECTS
` ARCHITECTURE FOIE FUTURE
NOU.21.1996
PF# NO. : 714
12:31PM P 2/2
645 5418
E3R O R M C> " E6 E Fi G P Ft C H I "Y E C "Y" S
COMMERCIAL + INDUSTRIAL + RESIDENTIAL
DESIGN / PLANNING / CONSTRUCTION MANAGEMENT
127-8 42ND STREET NEWPORT BEACH, CA 92663
(714)650-8861
FAX (714) 645 5418
21 November 1996
Planning Department
City of Newport Beach
8300 Newport Boulevard
Newport Beach, California 92658-8915
Attn: Genia Garcia
Dear Mrs. Garcia:
Please withdraw the temporary use permit application submitted 13 November 1996 to place a
racing car on the entrance, roof of the proposed SPEEDWAY RESTAURANT, 353 E. Coast
Highway.
Please contact my office at your convenience should there be any questions regarding the above.
NOU.21.1996 12:30PM P 1/2
FROM..: BROR MONBERG ARCHITECTS PH# NO. : 714 645 5418
ARCHITECTURE FOR & FUTURE
BROR MONBERG ARCHITECTS
COMMERCIAL + RESIDENTIAL + INDUSTRIAL
DESIGN / PLANNING / CONSTRUCTION MANAGEMENT
127--B 42ND STREET NEWPORT BEACH, CALIFORNIA92663
(714) 650-8861
FAX (714) 645-5418
r
C: \OMZ \FOItMBUS \F'OItM5U5. FAx
APPLIC-ATION
PERMIT FOR A TEMPORARY U•(TYPE 1)2
CITS' OF 14EWPORTBEACH
No.
Application Ree'd bx�
Fee: $
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
• • • ! i/L..i 2/ / /ram • Wi
Address of Property
Mailing Address
Property Owner
Mailing Address
Proposed:
a. Total Area of All Structures(squarefootage):
b. Area (square footage) of the proposed temporary use:
9/4 075 ' 5777
Indoor Areas: gCg�J Qj
OutdoorAreas:
Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. al�': /��iC�II/j/%^� /� " ' /
Involved (if too long, attach separate sheet)
PROPERTY OWNER'S AFFIDAVIT
(I) (We) n-F1->n YEl2. depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (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. O ,) .4 -)r—
Signature(s)
NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application.
DO NOT COMPLETEAPPLICATIONBELOW THIS LINE
Date Filed Fee Pd. ReceiptNo.
Hearing Date
Planning DirectorAction
Date
P.C. Hearing
Date
C.C. Hearing
Appeal
P.C. Action
C.C.
2 TYPE I applications are for a temporary use less than 90 days in duration.
APPLICATION
AIRAIIT FOR A TEMPORARY A (TYPE 1)2
CITY OF NEWPORT BEACH
No. �ars�.:�..
ApplicationRec'db �
Fee: $
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
Address of Property
Mailing Address
Property Owner
Mailing Address
Purpose of Application (describe fully)
/%14
Proposed:
a. Total Area of All Structures(squarefootage): Indoor Areas:
OutdoorAreas: 8
b. Area (square footage) of the proposed temporary use:
Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc.
of Property
long, attach separate sheet)
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. (I) (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)
NOTE: An agent may sign for the owner if written authorizationfrom the record owner is filed with the application.
DO NOT COMPLETE APPLICATIONBELOW THIS LINE
Date Filed
HearingDate
Planning Director -Action
Date
P.C. Hearing
Date
C.C. Hearing
Fee Pd.
Appeal
P.C. Action
Appeal
C.C. Action
Receipt No.
2 TYPE 1 applications are for a temporary use less than 90 days in duration.
0
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49 1qro1gzqrx r/1"mt/
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E3F1OAAONE3ERCa AFiCM110-CTS
COMMERCIAL + INDUSTRIAL + RESIDENTIAL.
DESIGN / PLANNING / CONSTRUCTION MANAGEMENT
127-B 42ND STREET NEWPORT BEACH, CA 92663
(714) 650-8861
FAX (714) 645 5418
13 November 1996
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658-8915
Attn: Genia Garcia
Dear Mrs. Garcia:
Attached is our temporary use permit application to place a racing car on the entrance roof of the
proposed SPEEDWAY RESTAURANT, 353 E. Coast Highway. As we discussed this use is for a
period of 90 days. As part of our subsequent conditional use permit application for this site, we
will include this racing car as a permanent design element.
Please contact my office at your convenience should there be any questions regarding the above.
9
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Temporary sign permit aPptication
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APPLICATION
PERMIT FOR A TEMPORAROSE (TYPE 1)2
CITY OF NEWPORT BEACH
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
No.
ApplicationRec'dby
Fee: $
Applicant (Print) �ko-rf" If l-r Mo ri105 I I rle-I . Phone (:fl4) (66 -a1{ ( a
Address of Property Involved
Mailing Address
;Its
Property Owner T (a �Qa " SO � Phone
Mailing Address
Purpose of Application (describe fully)
inA,tAstlru► b 619wyl P,
Present Use
ku51 rIeSS
x
vi
Use o lF' IP-' Zone
Proposed:
a. Total Area of All Structures(squarefootage):
Indoor Areas: 'Q505
Outdoor Areas: I g
b. Area (square footage) of the proposed temporary use:
Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc.
Legal Description of Property Involved (if too long, attach separate sheet)
PROPERTY OWNER'S AFFIDAVIT
(I) (We) More- o's au er dl-a Wodd 4E R g L,4 depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (We) further certify, under penalty of perjur�y, that the foregoing statements
and answers herein contained and the information herewith submitted are ects true
rue and correct to the best of (my)
(our) knowledge and belief. -
Signature(s)
NOTE: An agent may sign for the owner if written authorizationfrom the record ownl'r is filed with the application.
DO NOT COMPLETE APPLICATIONBELOW THIS LINE
Date Filed Fee Pd. ReceiptNo.
Date Appeal
P.C. Hearing P.C. Action
C.C. Hearing C.C.
2 TYPE 1 applications are for a temporary use less than 90 days in duration.
PACIFICWEST ASSET MANAGEMENT CORPORATION
MANAGEMENT AGREEMENT
This agreement is made this 15th day of November, 1995 by and between Plaza del Sol
Enterprises("Owner") and PacificWest Asset Management Corporation ("PacificWest").
Section 1 APPOINTMENT OF PACUICWE�ST ASSET MANAGEMENT
1.1 Appointment and Acceptance. Owner hereby appoints PacificWest as sole and exclusive
Agent of Owner to manage the property described in paragraph 1.2 upon the terms and
fu ' h the
conditions provided herein. PacificWest accepts the appointment and agrees to rnis
services of its organization for the leasing and management of the Premises; and Owner agrees
to pay all expenses in connection with those services.
1.2 Description of Premises. The property to be managed by PacificWest under this agreement
(the "Premises") is known as Mariner's Mile Professional Building located at 3101 Pacific
Coast Highway, Newport Beach, California consisting of the land, buildings, and other
improvements.
1.3 Term. The term of this Agreement shall be for an initial period of twelve (12) months from
the 1st day of December 1995, to and including the 30th day of November 1996, and thereafter
will be automatically renewed from period to period unless terminated as provided in sections
20 or 26 herein. Twelve month renewal periods will be referred to as a "term year." This
Agreement can be terminated by Owner or PacificWest, with or without cause upon giving a
thirty (30) day written notice.
Section 2 BANK ACCOUNTS
j
o7re-rational-' bank account established under this Agreement shall at all times be established in
Owner's name but under PacifieWest's control. 1'acificWest's designees shall be the only
parties authorized to draw upon such accounts. No amounts deposited in any accounts established
under this Agreement shall in any event be commingled with any other funds of PacificWest.
Two signatures will be required on all checks.
2.1 Operating Account. PacificWest shall establish a separate account known as Mariner's
Mile Operating Account, separate and apart from PacircWest's corporate accounts, for the
deposit of receipts collected as described herein, in a bank or other institution whose deposits
are insured by the federal government. Such depository shall be selected by PacificWest and
appointed by the Owner. However, PacificWest shall not be liable in the event of bankruptcy
or failure of a depository. Fund&in the Operating Account remain the property of Owner subject
to disbursement of expenses by PacificWest as described in this Agreement.
2.2 Contingency Reserve. PacificWest agrees to maintain a contingency reserve in the amount
of $1,000 which will represent the cash balance in the Operating Account after surplus operating
funds are disbursed to Owner as specified in paragraph 4.3. Owner and PacificWest shall review
the amount of the contingency reserve from time to time and shall agree in writing on a new
contingency reserve amount when such is required.
2.3 Fidelity Bond. PacificWest shall cause all personnel who handle or are responsible for the
safekeeping of any monies of Owner to be covered by a fidelity bond in the amount cif $50,000
with a company determined by PacificWest. Such bond shall be secured at PacifieWest's
expense. Evidence of said bond shall be given to Owner. Owner shall be co-insured with
insurance claims going directly to the Owner.
Section 3 COLLECTION OF RENTS AND OTHER RECEIPTS
PacificWest shall collect
receipts for, if necessary)
9
all rents, charges and other amounts receivable on Owner's account in connection with the
management and operation of the Premises. Such receipts (except tenant's security deposits and
advance rentals, which shall be handled as specified in paragraphs 2.2 and 3.3 hereof; and
special charges, which shall be handled as specified in paragraph 3.2 hereof) shall be deposited
in the Operating Account maintained by PacificWest for the Premises.
3.2 Special Charges. If permitted by applicable law, PacifieWest may collect from tenants any
or all of the following: an administrative charge for late payment of rent, a charge for returned
or non-negotiable checks, a credit report fee, PacificWest shall account to Owner for such
charges.
3.3 Security Deposits. PacificWest shall collect, deposit, and disburse tenants' security
deposits in accordance with the terms of each tenant's lease. PacifieWest shall pay tenants
interest upon such security deposits only if required by law to do so; otherwise, any interest
earned on tenant security deposits shall be deposited by PacifieWest to the Operating Account.
PacificWest shall comply with all applicable state or local laws concerning the responsibility for
security deposits and interest, if any. All security deposits shall be surrendered to the Owner
and kept in a separate account at the Owner's accounting department.
Section 4 DISBURSEMENT FROM OPERATING ACCOUNT
4.1 Operating Expenses. From the Operating Reserve Account, PacifieWest is hereby
authorized to pay or reimburse itself for all expenses and costs of operating the Premises and
for all other sums due PacificWest under this Agreement, after PacifieWest forward invoices
to Owner for approval, including PacificWest's compensation under Section 16.
Cvmer must sign off on .invoices submitted.
4.2 Debt Service. Owner shall give PacifieWest advance written notice of at least thirty (30)
days if Owner desires PacificWest to make any additional monthly or recurring payments (such
as mortgage indebtedness, general taxes, or special assessments, or fire, steam boiler, or other
insurance premiums) out of the proceeds from the Premises. If Owner notifies PacificWest to
make such payments after the beginning of the term of this Agreement, PacifieWest shall have
the authority to name a new contingency reserve amount pursuant to paragraph 2.1 of this
Agreement, and Owner shall maintain this new contingency reserve amount at all times in the
Operating (and/or) Reserve Account(s).
4.3 Net Proceeds. To the extent that funds are available, and after maintaining the cash
contingency reserve amount as specified in paragraph 2.1, PacificWest shall transmit cash
balances to Owner monthly, as follows: (i) a distribution on or before the tenth (loth) of each
month with the financial statements leaving a balance to cover estimated operating expenses, and
(ii) a distribution at month end leaving the agreed upon contingency reserve balance as specified
in paragraph 2.1.
Section 5 PacificWest NOT REQUIRED TO ADVANCE FUNDS
In the event that the balance in the Operating Account is at any time insufficient to pay
disbursements due and payable under paragraph 4.1 and 4.2 above, Owner shall, immediately
upon notice, remit to PacifieWest sufficient funds to cover the deficit and replenish the
contingency reserve. In no event shall Pacif eWest be required to use its own funds to pay such
disbursements. Nor shall PacificWest be required to advance any monies to Owner, or to the
Operating Account.
Section 6 FINANCIAL AND OTHER REPORTS
By the tenth (10th) day of each month, PacificWest shall furnish Owner with a statement of cash
receipts and disbursements from the operation of the Premises during the previous month. In
addition, PacificWest shall, on a mutually acceptable schedule, prepare and submit to Owner
such other reports as agreed on by both parties to include:
1. A comparison of the reported month and year-to-date amount of actual cash
transactions to the Owner Approved Budget; explanations of monthly and year-to-date variations.
2. A monthly report representing a tenant rent roll containing at least the following
information for each leasable space in the Premises (whether leased or vacant):
a. Tenant name or designated vacant space;
b. Locations (space designations);
c. Rent rates and concessions given;
d. Rent collected;
e. Lease commencement and termination dates;
f. Square footage leased;
g. Prepaid rent or security deposits owed and paid;
h. Delinquency report.
6.1 Owner's Right To Audit. Owner shall have the right to request periodic audits of all
applicable accounts managed by PacificWest, and the cost of such audit(s) shall be paid by
Owner.
Section 7 LEASE ENFORCEMENT
Enforcement Of Leases. PacificWest is authorized to institute, in Owner's name, all legal
actions or proceedings for the enforcement of any lease term, for the collection of rent or other
income from the Premises, or for the evicting or dispossessing of tenants or other persons from
the Premises. PacificWest is authorized to sign and serve such notices as PacificWest deems
necessary for lease enforcement, including the collection of rent or other income. PacificWest
is authorized, when expedient, to settle, compromise, and release such legal actions or suits or
reinstate such tenancies. Any monies for such settlements paid out by PacifieWest shall not
exceed $100 without prior approval by Owner. Attorney's fees, filing fees, court costs, and
other necessary expenses incurred in connection with such actions and not recovered from
tenants shall be paid out of the Operating (and/or) Reserve Account(s) or reimbursed directly
to PacifieWest by Owner. PacifieWest may select the attorney of its choice to handle such
litigation with Owner's agreement on fees in writing.
Section 8 INDEPENDENT CONTRACTORS
PacifieWest's Authority To IIire. PacificWe-st is authorized to hire, supervise, discharge, and
pay for all management, maintenance, and operation of the Premises. PacificWest will hire
independent contractors only, not employees to maintain Mariner's Mile Professional Building.
Seel ion 9 ORDINARY MAINTENANCE AND REPAIR
PacifieWest is authorized to make or cause to be made, through contracted services or
otherwise, all ordinary repairs and replacements reasonably necessary to preserve the Premises,
TI's required to comply with lease requirements, governmental regulations, or insurance
requirements. PacificWest is also authorized to purchase or rent on Owner's behalf, all
equipment, materials, supplies and other items necessary for the management, maintenance or
operation of the Premises. Such maintenance and decorating expenses shall be paid out of the
Operating Account. This section applies except where TI's and/or maintenance are at tenants'
expense as stipulated in a lease. Any repairs and replacements in this section over $500 must
be submitted and approved by the Owner.
9.1 Approval For Exceptional Maintenance Expense. The expense to be incurred for any one
item of major maintenance, alteration, refurbishing, or repair shall not exceed the sum of One
Thousand Dollars ($1,000), unless such expense is specifically authorized in writing by Owner,
or is incurred under such circumstances as PacifieWest shall reasonably deem to be an
emergency. In an emergency where repairs are immediately necessary for the preservation and
safety of the Premises, or to avoid the suspension of any essential service to the Premises, or
to avoid danger to life or property, or to comply with federal, state, or local law, such
emergency repairs shall be made by PacificWest at Owner's expense without prior approval.
s
Section 10 CONTRACTS, UTILITIES AND SERVICES
PacificWest is authorized to negotiate contracts for nonrecurring items of expense, not to exceed
One Thousand Dollars ($1,000) without written approved by Owner. PacificWest shall enter
into agreements for electricity, gas, telephone, fuel, or water, and such other services
PacificWest shall deem necessary or prudent for the operation of the Premises. All utility
deposits shall be the Owner's responsibility, except that PacificWest may pay same from the
Operating Account at Owner's request.
Section 11 RELATIONSHIP OF PACIFICWEST TO OWNER
The relationship of the parties to this Agreement shall be that of Principal and PacificWest, and
all duties to be performed by PacificWest under this Agreement shall be for and on behalf of
Owner, in Owner's name, and for Owner's account. In taking any action under this Agreement,
PacificWest shall be acting only as PacificWest for Owner and nothing in this Agreement shall
be construed as creating a partnership, joint venture, or any other relationship between the
parties to this Agreement except that of Principal and PacificWest, or as requiring PacificWest
to bear any portion of losses arising out of or connected with the ownership or operation of the
Premises. Nor shall PacificWest at any time during the period of this Agreement be considered
a direct employee of Owner. Neither party shall have the power to bind or obligate the other
except as expressly set forth in this Agreement, except that PacificWest is authorized to act with
such additional authority and power as may be necessary to carry out the spirit and intent of this
Agreement.
Section 12 SAVE HARMLESS
Owner shall indemnify, defend, and save PacificWest harmless from all loss, damage, cost,
expense (including attorney's fees) liability, or claims for personal injury or property damage
incurred or occurring in, on, or about the Premises, except in case of gross negligence or willful
misconduct.
Section 13 LIABILITY INSURANCE
Owner shall obtain and keep in force adequate insurance against physical damage (e.g. fire with
extended coverage endorsement, boiler and machinery, etc.) and against liability for loss,
damage, or injury to property or persons which might arise out of the occupancy, management,
operation, or maintenance of the Premises. The amount of such bodily injury, property damage,
and public liability insurance shall carry a combined limit of $1,000,000. Any deductible
required under such insurance policies shall be Owner's expense. The intent of this Agreement
is for Owner to be the primary carrier of liability insurance. PacificWest shall be covered as
an additional insured on all liability insurance maintained with respect to the Premises. Owner
agrees to furnish PacificWest with certificates evidencing such insurance or with duplicate
copies of such policies within ten (10) days of the date of this Agreement. If Owner fails to do
so, PacificWest may, but shall not be obligated to, place said insurance and charge the cost
thereof to the Operating (and/or) Reserve Account(s). Said policies shall provide that notice of
default or cancellation shall be sent to PacificWest as well as Owner and shall require a
minimum of thirty (30) days' written notice to PacificWest before any cancellation of or changes
to said policies. Manager shall obtain and maintain from each commercial tenant a Certificate
of Insurance evidencing tenant compliance with insurance provisions of their respective leases
or month -to -month tenancy agreements. Manager shall only utilize independent contractors
engagcd to perform services who are insured, and provide evidence of policies with limits of not
less than $1,000,000 Bodily Injury and Personal Injury, and $100,000 Property Damage
Insurance.
Section 14 PACIFICWEST ASSUMES NO LIABILITY
PacificWest assumes no liability for any acts or omissions of Owner, or any previous owners
of the Premises, or any previous management or other agent of either. PacificWest assumes no
liability for any failure of or default by any tenant in the payment of any rent or other charges
4
due Owner or in the performance of any obligations owed by any tenant to Owner pursuant to
any lease or otherwise. Nor does PacifieWest assume any liability for previously unknown
violations of environmental or other regulations which may become known during the period this
Agreement is in effect. Any such regulatory violations or hazards discovered by PacirieWest
shall be brought to the attention of Owner in writing, and Owner shall promptly cure them.
Section 15 OWNER RESPONSIBLE FOR ALL EXPENSES OF LITIGATION
Owner shall pay all expenses incurred by PacificWest, including, but not limited to, reasonable
attorneys' fees and PacifieWest's costs and time, and any liability, fines, penalties or the like,
in connection with any claim, proceeding, or suit involving an alleged violation by PacificWest
or Owner, or both, of any law pertaining to fair employment, fair credit reporting,
environmental protection, rent control, taxes, or fair housing, including, but not limited to, any
law prohibiting or making illegal discrimination on the basis of race, sex, creed, color, religion,
national origin, or mental or physical handicap, provided, however, that Owner shall not be
responsible to PacificWest for any such expenses in the event PacifieWest is finally adjudged
to have personally, and not in a representative capacity, violated any such law. Nothing
contained in this Agreement shall obligate PacificWest to employ legal counsel to represent the
Owner in any such proceeding or suit.
15.1 Fees For Legal Advice. Owner shall pay reasonable expenses incurred by PaciiieWest
in obtaining legal advice regarding compliance with any law affecting the Premises or activities
related to them. If such expenditure also benefits others for whom PacircWest in this
Agreement acts in a similar capacity, Owner agrees to pay an apportioned amount of such
expense. Owner must agree to the attorney and the action before expenses are incurred. Section
16 PACIFICWEST'S COMPENSATION AND EXPENSES
As compensation for the services provided by PacifieWest under this Agreement (and exclusive
of reimbursement of expenses to which PacifieWest is entitled hereunder), Owner shall pay
PacifieWest as follows:
16.1 For Management $ervices.
The total management fee shall including on -site manager, personal expenses, business faxes,
phone, mileage, etc. will be Three Percent (3%) versus a monthly minimum of $2,500
whichever is greater of the total monthly gross receipts from the Premises, payable on the first
day of the subsequent month for the duration of this Agreement. Payments due PacificWest for
periods of less than a calendar month shall be prorated over the number of days for which
compensation is due. The percentage amount set forth above shall be based upon the total gross
receipts from the Premises during the preceding month. The term "gross receipts" shall be
deemed to include all rents and other income and charges from the normal operation of the
Premises. Gross receipts shall not be deemed to include security deposits, NSF checks or
insurance proceeds arising out of fire or other casualty losses and items of a similar nature. No
extras to be added.
16.2 Leasing and Renewals.
It is agreed that a commission shall 'paid to PacifieWest in connection with renewals of leases
of two percent (2 . '%) of the value of the lease tip to a 10 year lease.
Notwithstanding anything to the contrary contained herein, it is Owners intent that a'maxini un
of only one (1) commission be paid on any transaction. No commission paid on option renewal.
Section 17 REPRESENTATIONS
Owner represents and warrants: That Owner has full power and authority to enter this
Agreement; that there are no written or oral agreements affecting the Premises other than tenant
leases, copies of which have been furnished to PacifieWest; that there are no recorded
t • h
easements, restrictions, reservations, or rights of way which adversely affect the use of the
Premises for the purposes intended under this Agreement; that to the best of Owner's
knowledge, the property is zoned for the intended use; that all leasing and other permits for the
operation of the Premises have been secured and are current; that the building and its
construction and operation do not violate any applicable statutes, laws, ordinances, rules,
regulations, orders, or the like (including, but not limited to, those pertaining to hazardous or
toxic substances); that the building does not contain any asbestos, urea, formaldehyde, radon,
or other toxic or hazardous sub stance; and that no unsafe condition exists.
Section 18 STRUCTURAL CHANGES
Owner expressly withholds from PacifieWest any power or authority to make any structural
changes in any building, or to make any other major alterations or additions in or to any such
building or to any equipment in any such building, or to incur any expense chargeable to Owner
other than expenses related to exercising the express powers vested in PacifieWest through this
Agreement. However, such emergency repairs as may be required because of danger to life or
property, or which are immediately necessary for the preservation and safety of the Premises
or the safety of the tenants and occupants thereof, or required to avoid the suspension of any
necessary service to the Premises, or to comply with any applicable federal, state, or local laws,
regulations, or ordinances, shall be authorized pursuant to paragraph 10.1 of this Agreement,
and PacificWest shall notify Owner appropriately.
Section 19 BUILDING CONTLIANCE
PacificWest does not assume and is given no responsibility for compliance of the Premises or
any building thereon or any equipment therein with the requirements of any building codes or
with any statute, ordinance, law, or regulation of any governmental body or of any public
authority or official thereof having jurisdiction, except to notify Owner promptly or forward to
Owner promptly any complaints, warnings, notices, or summonses received by PacifieWest
relating to such matters. Owner represents that to the best of Owner's knowledge the Premises
and all such equipment comply with all such requirements, and Owner authorizes PacifieWest
to disclose the ownership of the Premises to any such officials and agrees to indemnify and hold
PacifieWest, its representatives, servants, and employees, harmless of and from loss, cost,
expense, and liability whatsoever which may be imposed by reason of any present or future
violation or alleged violation of such laws, ordinances, statutes, or regulations.
Section 20 TERNIINATION
20.1 Termination By Either Party. This Agreement may be terminated by either Owner or
PacifieWest, with or without cause, upon the giving of thirty (30) (lay's written notice prior to
the end of said initial term or following term period.
20.2 Owner Responsible For Payments. Upon termination of or withdrawal from this
Agreement, Owner shall assume the obligations of any contract or outstanding bill executed by
PacifieWest under this Agreement for and on behalf of Owner and responsibility for payment
of all unpaid bills. In addition, Owner shall furnish PacifieWest security, in an amount
satisfactory to PacificWest, against any obligations or liabilities which Pacinewest may have
properly incurred on Owner's behalf under this Agreement. PacifieWest may withhold funds
for thirty (30) days after the end of the month in which this Agreement is terminated, in order
to pay bills previously incurred but not yet invoiced and to close accounts. PacitieWest shall
deliver to Owner, within thirty (30) days after the end of the month in which this Agreement is
terminated, any balance of monies due Owner, which were held by PacifJeWest with respect
to the Premises, as well as a final accounting reflecting the balance of income and expenses with
respect to the Premises as of the date of termination or withdrawal, and all records, contracts,
leases, receipts for deposits, and other papers or documents which pertain to the premises.
20.3 Sale Of Premises. In the event that the Premises are sold by Owner during the period'
of this Agreement, upon transfer of ownership, this Agreement shall terminate by mutual consent
of Owner and PacificWest, or per terms of Section 20.3.
Section 21 INDEMNIFICATION SURVIVES TERMINATION
All representations and warranties of the parties contained herein shall survive the termination
of this Agreement. All provisions of this Agreement that require Owner to have insured or to
defend, reimburse, or indemnify PacificWest shall survive any termination; and if PacificWest
is or becomes involved in any proceeding or litigation by reason of having been Owner's
representative, such provision shall apply as if this Agreement were still in effect.
Section 22 HEADINGS
All headings and subheadings employed within this Agreement and in the accompanying List of
Provisions are inserted only for convenience and ease of reference and are not to be considered
in the construction or interpretation of any provision of this Agreement.
Section 23 FORCE MAJEURE
Any delays in the performance of any obligation of PacificWest under this Agreement shall be
excused to the extent that such delays are caused by wars, national emergencies, natural
disasters, strikes, labor disputes, utility failures, governmental regulations, riots, adverse
weather, and other similar causes not within the control of PacificWest, and any time periods
required for performance shall be extended accordingly.
Section 24 COMPLETE AGREEMENT
This Agreement, including any specified attachments , constitutes the entire agreement between
Owner and PacificWest with respect to the management and operation of the Premises and
supersedes and replaces any and all previous management agreements entered into and/or
negotiated between Owner and PacificWest relating to the Premises covered by this Agreement.
No change to this Agreement shall be valid unless made by supplemental written agreement
executed and approved by Owner and PacificWest. Except as otherwise provided herein, any
and all amendments, additions, or deletions to this Agreement shall be null and void unless
approved by Owner and PacificWest in writing. Each parry to this Agreement hereby
acknowledges and agrees that the other party has made no warranties, representations,
covenants, or agreement, express or implied, to such party, other than those expressly set forth
herein, and that each party, in entering into and executing this Agreement, has relied upon no
warranties, representations, covenants, or agreements, express or implied, to such party, other
than those expressly set forth herein.
Section 25 RIGHTS CUMULATIVE; NO WAIVER
No right or remedy herein conferred upon or reserved to either of the parties to this Agreement
is intended to be exclusive of any other right or remedy, and each and every right and remedy
shall be cumulative and in addition to any other right or remedy given under this Agreement or
now or hereafter legally existing upon the occurrence of an event of default under this
Agreement. The failure of either party to this Agreement to insist at any time upon the strict
observance or performance of any of the provisions of this Agreement, or to exercise any right
or remedy as provided in this Agreement, shall not impair any such right or remedy or be
construed as a waiver or relinquishment of such right or remedy with respect to subsequent
defaults. Every right and remedy given by this Agreement to the parties to it may be exercised
from time to time and as often as may be deemed expedient by those parties.
Section 26 APPLICABLE LAW AND PARTIAL INVALIDITY
The execution, interpretation, and performance of this Agreement shall in all respects be
controlled and governed by the laws of the State of California. If any part of this Agreement
shall be declared invalid or unenforceable, PaciCcWest shall have the option to terminate this
Agreement by notice to Owner.
7
Section 27 NOTICES
Any notices, demands, consents, and reports necessary or provided for under this Agreement
shall be in writing and shall be addressed as follows, or at such other address as Owner and
PacificWest individually may specify hereafter in writing:
Agent: PacificWest Asset Management Corporation
Post Office Box 19068
Irvine, California 92713-9068
Owner: Plaza del Sol Enterprises
Post Office Box 23333
San Diego, California 92193
Attn: Mr. Roger Artz
Fed. Tax ID/SS#
Such notice or other communication may be mailed by United States registered or certified mail,
return receipt requested, postage prepaid, and may be deposited in a United States Post Office
or a depository for the receipt of mail regularly maintained by the post office. Such notices,
demands, consents, and reports may also be delivered by hand or by any other receipted method
or means permitted by law. For purposes of this Agreement, notices shall be deemed to have
been "given" or "delivered" upon personal delivery thereof or forty-eight (48) hours after having
been deposited
in the United States mails as provided herein.
Section 28 AGREEMENT BINDING UPON SUCCESSORS AND ASSIGNS
This agreement shall be binding upon the parties hereto and their respective personal
representatives, heirs, administrators, executors, successors and assigns.
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have affixed or caused to be affixed their
respective signatures this -7-0 day of November, 1995.
By: Plaza del Sol Enterprises By: PacifieWest
Ass anagement Corporation
By: By:
Ro er Artz hristopher G. Louis
Vice President of Development P ident
By. ) '
Bill C. Lekas
Vice President
0 0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT (714) 644-3206
December 5, 1996
Charter Memories, Inc.
P.O. Box 2654
Rolling Hills Estates, California 90274
Attn: Phil DiOrio
Subject: Temporary Use of 125 Parking Spaces.
Location: 3101 West Coast Highway
Dear Mr. DiOrio:
The Planning Commission at its meeting of December 5, 1996, concurred with the
recommendation of staff approving a temporary use (125 parking spaces on the subject
site) for a period not to exceed 90 days from December 6, 1996. Said use shall be subject
to the following conditions of approval:
1. That the parking spaces be limited to 125 spaces and restricted to after 5:30 p.m.
Monday through Friday and all day Saturday, Sunday and holidays.
2. That a parking control plan approved by the City Traffic Engineer and appropriate
signage directing traffic to parking areas, be posted during charter activities.
3. That the upper deck is for boat display purposes and no parking or seating will be
placed in this area.
4. That this approval is valid for a period not to exceed 90 days and that a Use
Permit approved by the Planning Commission shall be required for the continued
use of the 125 parking spaces.
5. That this approval shall be effective for ninety days from the date of the this
approval.
6. That a minimum of 185 parking spaces shall be provided on -site and that all
employees shall park on -site.
7. That all applicable conditions of approval of Use Permit No. 2066 shall remain in
effect.
3300 Newport Boulevard, Newport Beach
PLANNING DEPARTMENT
By eaGCc(_�
Genia Garcia
Associate Planner
Attachment: Report to the Commission with Vicinity Map and Letter from Applicant
with Plot Plan
cc: Tony Melum, Marine Department
Planning Commission Meeting December 5, 1996
Additional Business No. 1
CITY OF NEWPORT BEACH
TO: Planning Commission
DATE: December 5, 1996
FROM: Patricia Temple, Planning Director
SUBJECT: Temporary Use of Parking Spaces
Charter Memories, 3101 West Coast Highway
Approval of the temporary use of 125 parking spaces in an existing
building for a period of 90 days, beginning approximately December 6,
1996 to March 6, 1997.
Charter Memories is a boat charter business with offices located in the building at the
above address. The applicant is requesting the approval of the temporary use of 125
parking spaces located within the building, for night and weekend use. The building
contains three levels of parking, two of which are subterranean parking under the building
and one level of surface parking. The total site provides 185 parking spaces.
The boat charter business currently operates under a Marine Charter Permit which
requires a permit for each charter activity. The applicant has approximately 65 scheduled
charter activities during the months of December and January and has applied for a
Commercial Activities Permit from the Marine Department which would allow the
charter boat business to conduct charters under one permit. Section 17.41 of the
Municipal Code allows a Commercial Activities Permit to be issued upon the
determination that the proposed commercial activity provides facilities that ensure
adequate parking, safe vehicular ingress and egress, and the safe loading and unloading of
passengers and supplies. A requirement of the Harbor Activities Permit is that the
proposed commercial activity provide facilities that ensure adequate parking, safe
vehicular ingress and egress, and the safe loading and unloading of passengers and
supplies. The Marine Department has referred the applicant to the Planning Department
for recommendations concerning parking issues. The applicant has agreed to work with
the City Traffic Engineer to resolve parking issues related to ingress and egress, signing
of parking areas, and a person(s) to direct the flow of traffic in the parking areas during
peak hours.
Planning staff has met with the applicant who has indicated that the parking spaces being
requested for the charter boat business are to be used as additional parking for the charter
boat business and that these spaces are.available during the times when the other uses in
the building are closed. Approval of the temporary use will allow staff additional time to
E
u
determine any traffic impacts and congestion they may arise prior to the anticipated
review of a use permit for the use of the parking beyond the 90 day limitation.
Staff recommends the approval of the temporary use of the parking spaces (90 days),
subject to the following conditions of approval:
That the parking spaces be limited to 125 spaces and restricted to after 5:30 p.m.
Monday through Friday and all day Saturday and Sundays and holidays.
2. That a parking control plan approved by the City Traffic Engineer and appropriate
signage directing traffic to parking areas, be posted during charter activities.
3. That the upper deck is for boat display purposes and no parking or seating will be
placed in this area.
4. That this approval is valid for a period not to exceed 90 days and that a Use
Permit approved by the Planning Commission shall be required for the continued
use of the 125 parking spaces.
5. That this approval shall be effective for ninety days from the date of the this
approval.
6. That a minimum of 185 parking spaces shall be provided on -site and that all
employees shall park on -site.
7. That all applicable conditions of approval of Use Permit No. 2066 shall remain in
effect.
0
VICINITY MAP
INANBPL
I
1 I �� sne6.r
CHARTER BOAT PARKING
TEMPORARY USE (90 DAYS)
Subiect Property and Surrounding Land Uses
Current Development: Developed with a marine office and retail/office commercial center with two
levels of subterranean parking. The property is surrounded by other commercial
uses and the bay, with the Tower residential condominium development to the
west.
41
�Ccest
sset ilaapemenl poragon
DQCemt*F 4, 1996
Dr. Philip DI0rio
Adventures at Sea
3101 West Pacific Coast Highway, Suite 209
Newport Beach, California 92663
RE: MARINER'S MILE
3101 WIEST OACIFIC COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
VILLA NOVAIPARKING
Dear Dr. Di0flaq
In response to your question regarding Villa Nova's parking agreement and the parking
spaces assigned to Villa Nova for their use during their dinner business, they have been
allowed the use of 60 subterranean parkins stalls.
Please call If you have any questions.
Sincerely.
1kdh
Z/2,J
u3s iu S3dn1N3AQH 9t7:60 96, 50 73Q
�C6 Chest
sselManagementCotpora�on
December 3, 1996
Mr. Fred Mozafarian
MOZAFARIAN JEWELRY
2901 West Pacing Coast Highway, Suite 100
Newport Beach, California 92663
RE: MARINER'S MILE PROFESSIONAL BUILDING
3101 WEST PACIFIC COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
PARKING
Dear Mr, Mozafarlan:
Let me take this opportunity to Introduce myself. I am the property manager handling the
referenced property, and It has come to my attention that you park your vehicle in our
parking lot.
As parking Ih our lot is very limited, I am writing this letter to you today to cordially request
your assistance to immediately discontinue the use of our parking lot. Should your vehicle
be found in our parking lot from today forward, It will be towed without further notice at your
expense. Your cooperation is necessary to mitigate any towing expenses that you may
Incur, '
Thank you for your cooperation. Please call if you have any questions.
Sincerely,
Paciflowest, ,_
Property
lkdh
_.
pacmc est Cot
December 3, 1996
Mr. David Moor, Manager
Mr. Tony Manglone, Manager
JOHN DOMINIS
2901 West Pacific Coast Highway
Newport Beach, California 92663
RE: MARINER'S MILE PROFESSIONAL BUILDING
3101 WEST PACIFIC COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA
PARKING
Dear Messes. Moor and Mangione;
Let me take this opportunity to introduce myself. I am the property manager handling the
referenced property, and it has come to my attention that employees of John Dominis as
well as John Dominis customers utilize our parking lot to park their vehicles while on shift
or dining.
I am writing this letter to you today to cordially request your assistance in directing your
employees land customers not to park in our parking lot. Please notify your employees as
well as your customers that any vehicle found In our lot without a Mariner's Mile parking
pass Will be towed at the vehicle owner's expense without further notice.
1 appreclat6 your cooperation. Should you have any questions, please call.
Sincerely, {
Pecif west
Asset AAanagereOt Corporation
lkdh
> tjci�cWeStanagemenl
DecemtyeF 4, 1996
Dr. Philip DlOrlo
Adventures at Sea
3101 West Pacific Coast Highway, Suite 209
Newport Beach, California 92663
RE: MARINER'S MILE
3101 WEST {PACIFIC COAST HIGHWAY
NEWPORT BlEACH, CALIFORNIA
VILLA NOVAIPARKING
Dear Dr. DI0rla:
In response to your question regarding Villa Nova's parking agreement and the parking
spaces assigned to Ville Nova for their use during their dinner business, they have been
allowed the use of 50 subterranean parking stalls.
Please call if you have any questions.
Sincerely,
/kdh
Representing the M.V. Dream Maker
harter P.O. Box2654
Rolling Hills Estates
California 90274
Wednesday, December 04, 1996
Genia Garcia
City of Newport Beach
Planning Department
3300 Newport Blvd.
Newport Beach, CA 92659-1768
Dear Genia:
326-0551
(818) 363-1471
Fax 325-4798
As you know, Charter Memories and Adventures at Sea are engaged in the yacht charter
business at 3101 West Coast Highway and we have a six year lease with two six year options
in this building. Our lease also authorizes the use of 125 parking spaces, and the vast
majority of our business is conducted on evenings and weekends with only rare midweek
daytime events. Di order to conduct our business more efficiently, we are seeking a
Commercial Activities Permit.
Enclosed please find a copy of the building site plan showing Level One parking. During,the
Christmas season, we anticipate having one parking attendant monitor the entire parking
structure at this location beginning at approximately 1:00pm. Hopefully, this will prevent non -
authorized individuals from using the parking beginning early in the day. At approximately ,
4:00pm, an additional parking attendant will be in attendance. On the attached site plan, we
have marked "P1" and "P2" where we anticipate stationing the attendants to ensure a smooth
flow of traffic.
Sincerely,
Philip C. Diorio
President
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APPLICATION
PEkMIT FOR A TEMPORAR*E (TYPE 1)
CITY OF NEWPORT BEACH
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
Applicant (Print) SHERATON NEWPORT BEACH HOTEL
Address of Property Involved 4545 MAC ARTHUR BLVD.,NEWPORT
Mailing Address 4545 MAC ARTHUR BLVD
, NEWPORT BEACH, CA 92660
Property Owner LBRKEN H019ES L=TED PARTNERSHIP
No.
ApplicationRec'd by
Fee: $ -F?-
Fax g33- 3?27
Phone (714) 833-0570
CA 92660
Phone (319) 366-8201
Mailing Address 3330 SOUTHGATE COURT SW, CEDAR RAPIDS, LA 52404
Purpose of Application (describe fully) To install a 40' X 100' Tent on one of the premises tennis
courts at the Property Involved.
Present Use None Proposed Use
Proposed:
a. Total Area of All Structures(squarefootage):
b. Area (square footage) of the proposed temporary use:
Zone
Indoor Areas: 40' X 100'
Outdoor Areas: 40 X 100'
40' X 100'
Indicate Previous Modifications,Use Permits, Specialty Food Service Permits, etc. None
Legal Description of Property Involved (if too long, attach separate sheet)
PROPERTY OWNER'S AFFIDAVIT
(I) (We)x Larry Cahill depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (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)
NOTE: An agent may sign for the owner if written
the record owner is filed with the application.
D/� O NOT COMPLETE APPLICATIONBELOW THIS LINE
Date Filed 1 -13` q 5o Fee Pd. 'r9— Receipt No.
Hearing Date 10-1n -96
n
Planning Director Action
Date to -(v.. 96
P.C. Hearing
C.C.
Appeal
P.C. Action
Appeal
C.C. Action
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT (714) 644-3206
October 11, 1996
Sheraton Newport Beach Hotel
4545 MacArthur Boulevard
Newport Beach, California 92660
Attn: Mr. Chris Young, Controller
Subject: Temporary Use of a Tent, on an existing tennis court.
Location: 4545 MacArthur Boulevard
Dear Mr. Young:
The Planning Commission at its meeting of October 10, 1996, concurred with the
recommendation of staff approving a temporary use (tent on an existing hotel tennis
court) for a period not to exceed 90 days from the date of issuance of a certificate of
occupancy by the Building Department and the Fire Department, but to begin no later
than November 1, 1996 and not to extend- beyond January 29, 1997. Said use shall be
subject to the following conditions of approval:
1. That the outdoor tent shall be located on the hotel property tennis court and shall
not be located in any public rights -of -way or parking areas.
2. That a building permit for the proposed tent shall be approved by the Fire
Department and the Building Department.
3. That a Special Event Permit issued by the Community Services Department shall
be obtained prior to implementation of the proposed tent structure, unless
otherwise approved by the Planning Department.
4. That this approval is valid for a period not to exceed 90 days and that a Use
Permit approved by the Planning Commission shall be required for the structure
to be maintained for more than 90 days, but less than 180 days within any
consecutive 12 month period.
5. That this approval shall become effective ninety days from the date of the
certificate of occupancy issued by the Building Department and the Fire
Department, but will begin no later than November 1, 1996.
3300 Newport Boulevard, Newport Beach
6. That a minimum of 349 parking spaces shall be provided on -site and that all
employees shall park on -site.
7. That all guests shall park in the designated parking areas.
8. That all applicable conditions of approval of Use Permit No. 1547 and Use Permit
No. 1547 (Amended) shall remain in effect.
9. That a traffic engineer, approved by the City Traffic Engineer and retained by the
City at the applicant's expense, shall conduct a traffic demand study of the
existing hotel facility both before and during the installation and use of the
temporary tent structure, unless other arrangements or information is approved by
the City Traffic Engineer.
PLANNING DEPARTMENT
By�te�.J
Javier S. Garcia, AICP
Senior Planner
Attachment: Report to the Commission with Vicinity Map and Letter from Applicant
with Plot Plan
Planning Commission Meeting October 10, 1996
Additional Business No.
CITY OF NEWPORT BEACH
TO: Planning Commission
DATE: October 10, 1996
FROM: Patricia Temple, Planning Director
SUBJECT: Temporary Use of a Tent
Sheraton Hotel, 4545 MacArthur Boulevard
Approval of a temporary tent for a period of 90 days, beginning approximately mid -
October 1996 to mid -January 1997. The applicant has not specified an absolute date for
the start, in order to accommodate time to purchase, deliver and construct the tent
structure. Since said tent is to be located on the existing tennis court, fire code will
require that additional gates for exiting purposes be provided which will contribute to the
time delay in construction.
Staff has met with the applicant and he has indicated that the tent is to be used -as
ancillary space for meetings and banquets as more fully described in the letter and plot
plan submitted (a vicinity map is also attached for the Commission's information). Staff
has also included a condition of approval which requires that the applicant institute a
parking demand study conducted by a qualified traffic engineering firm (approved by the
City Traffic Engineer) to determine the parking demand characteristics of the hotel
complex both before and after the installation of the proposed tent structure. This
information will be utilized to determine the traffic impacts of the tent structure on the
neighboring streets and parking lots, for the anticipated review of a use permit for the
temporary tent structure beyond the 90 day limitation.
Staff recommends the approval of the temporary use of the tent (90 days), subject to the
following conditions of approval:
1. That the outdoor tent shall be located on the hotel property tennis court and shall
not be located in any public rights -of -way or parking areas.
2. That a building permit for the proposed tent shall be approved by the Fire
Department and the Building Department.
3. That a Special Event Permit issued by the Community Services Department shall
be obtained prior to implementation of the proposed tent structure, unless
otherwise approved by the Planning Department.
4. That this approval is valid for a period not to exceed 90 days and that a Use
Permit approved by the Planning Commission shall be required for the structure
to be maintained for more than 90 days, but less than 180 days within any
consecutive 12 month period.
5. That this approval shall become effective ninety days from the date of the
certificate of occupancy issued by the Building Department and the Fire
Department, but will begin no later than November 1, 1996.
6. That a minimum of 349 parking spaces shall be provided on -site and that all
employees shall park on -site.
7. That all guests shall park in the designated parking areas.
8. That all applicable conditions of approval of Use Permit No. 1547 and Use Permit
No. 1547 (Amended) shall remain in effect.
9. That a traffic engineer, approved by the City Traffic Engineer and retained by the
City at the applicant's expense, shall conduct a traffic demand study of the
existing hotel facility both before and during the installation of the temporary tent
structure, unless other arrangements or information is approved by the City
Traffic Engineer.
1
ViC1NITY MAP
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SHERATON TENT
TEMPORARY USE (90 DAYS)
to
I Subiect Property and Surrounding Land Uses
Current Development: Developed with a seven -story hotel with guest rooms, banquet facilities,
restaurants, meeting rooms, recreational facilities and related off-street parking.
The property is surrounded by other commercial uses.
cD,
SEP 13 196 05:OePM SHE*N NEWPORT BCH P.1
Sheraton
Newport Beach
H O T E L
September 13, 1996
City of Newport Beach
Genia Garcia
Associate Planner
3300 Newport Blvd.
Newport Beach, CA 92659-1768
Dear Genia,
Via fax; 714-644-3250
This letter serves as a detailed outline with description for the full purpose of Permit For A
Temporary Use (TYPE1) 1.
The purpose for a Temporary Use Permit is with designs to provide additional Banquet(
Meeting space adjacent to the Pack Ballroom/breakout 1 & 2 room. This tent will allow
multiple setup functions, from a theatre style, classroom style, or breakfast/lunch/dimier sit
down function, to a cocktail reception/wedding reception function.
once approval of the 90 day Permit for a Temporary Use (TYPI)i has been issued, the
Sheraton can proceed with our order and subsequent delivery of our tent.
Future plans will be to request a Permit For A Temporary Use (TYPE 2)(Temporary use in
excess of 90 days) to the maximum limit the permit will be allowed.
Again, I would like to express my sincere thanks for your assistance and support.
Sincerely,
Chris Young
Controller
Sheraton Newport Beach
4546 MACARTHUR BOULEVARD. NEWPORT BEACH. CA92660
PHONE' (714) 833.0570 FAX• (714) 833-3927
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
C,q�, FO RN�P
PLANMWG DEPARTMENT (714) 644-3206
March 8, 1996
Thacker Enterprises
8166 E. Periwinkle Lane
Anaheim, CA 92808
Attn: Ted Thacker
Subject: Temporary Use of Strawberry Stand,
Applicant - Ted Thacker, Thacker Berry Farms
LOCATION: 2400 East Coast Highway (Corner of East Coast Highway and Avocado
Avenue, a vacant lot, aka Corona del Mar plaza site)
Dear Mr. Thacker:
The Planning Commission at its meeting of March 7, 1996, con staffapproving a temporary use curred with the recommendation of
(strawberry stand) for a period not to exceed 90 days from March 8,
1996 to June 5, 1996. Said use shall be subject to the following conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along East Coast
Highway and 10 feet behind the back of curb along MacArthur Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject property and not along the public
right -of --way of East Coast Highway, MacArthur Boulevard or Avocado Avenue.
4. That no temporary A -frame or other similar temporary signs shall be utilized either on -site or
off -site to advertise the subject temporary use. Signs of a permanent nature may be permitted
at the intersection of East Coast Highway and Avocado Avenue and the applicant shall also
provide directional signage to aid patrons regarding access to the subject facility.
5. That a building permit shall be obtained from the Building Department and the appropriate
clean-up deposit shall be posted to insure maintenance and clean-up of the subject property
after removal of the temporary use. The applicant shall obtain approval from the City Traffic
Engineer for the site access(es) and parking area prior to the issuance of the building permit
and implementation of the proposed temporary use,
6. That this temporary use shall terminate upon evidence that the facility is operating in violation
of any of the above conditions of approval or upon receipt of unresolved complaints.
3300 Newport Boulevard, Newport Beach
Thacker
Page 2
Very truly yours,
PLANNING/BUII.DING DEPARTMENT
By
avier S. Gar AICP
Senior Planner
Attachment: Letter from the Applicant with Plot Plan
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Planning Commission Meeting March 7. 1996
Additional Business.No. b.
CITY OF NEWPORT BEACH
TO: Planning Commission
DATE: March 21, 1996
FROM: Patricia Temple, Acting Planning Director
RE: Temporary Use of a Strawberry Stand,
Applicant - Ted Thacker, Thacker Berry Farms
LOCATIONS: 1.) Northwest Corner of MacArthur Boulevard and San Joaquin Hills
Road, a vacant parcal.
2.)
Approval of a temporary use (strawberry stand) for a period not to exceed 90 days from March 22,
1996 to June 19, 1996. Said use will be subject to the following conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along San Joaquin
Hills Road and 10 feet behind the back of curb along MacArthur Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject property and not along the public
right-of-way on San Joaquin Hills Road or MacArthur Boulevard.
4. That no temporary A -frame or other similar temporary signs shall be utilized either on -site or
off -site to advertise the subject temporary use. Signs of a permanent nature may be permitted
at the intersection of MacArthur Boulevard and San Joaquin Hills Road and the applicant shall
also provide directional signage to aid patrons regarding access to the subject facility, to the
satisfaction of the City Traffic Engineer.
That a building permit shall be obtained from the Building Department and the appropriate
clean-up deposit shall be posted to insure maintenance and clean-up of the subject property
after removal of the temporary use. The applicant shall obtain approval from the City Traffic
Engineer for the site access(es) and parking area prior to the issuance of the building permit
and implementation of the proposed temporary use.
6. That the Planning Director may revoke this approval upon evidence that the, facility is
operating in violation of any of the above conditions of approval and the applicant has not
made a diligent effort to comply.
i
1 tip
Attachments: Letter from the Applicant with Plot Plan
F:\WP51\PLANNING\IPUBNOTTN960307\S1RAW4.DOC
Thacker Enterprises
8166 E. Periwinkle Lane
Anaheim, CA 92808
Phone # (714) 283-0757
10 Thacker Berry Farms
S�lLp UEB SR1
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WHO A.RE WE?
Request for lease at:
nwlnar5 P�Zd anR✓crs,�r Sr.
We are Thacker Berry Farms. We have fresh strawberry stands set up all over the southland area. We also
donate 10% of our net sales to a non-profit group of your choice or ours. We provide a valuable service to
the community in that our fruit is guaranteed fresh picked the same day the consumer buys them
This service is unique because supermarkets cannot provide this set -.-ice. In fact, they must pick their berries
two -weeks before they mature and gas them with carbon -dioxide to ensure a weekly shelf -life. Wt bring
"Farm Charm" to your property, and the community will appreciate it!
WHAT DO WE OFFER YOUR COMPANY?
A tax deduction! Our type of business' are often used as a tax vvrite-off for large companies. We can
adjust our rent to be 10% of our net sales and, in turn, is dorLred to the non-profit group of your
choice - makes a great tax deduction!
2. Money -for property tax! If your company has enough vacant properties that were interested in, and
given the duration of rent we offer, it usually pays for the entire property tax for the year.
3. Me make good use of vacant land! Our always, brand -new -looking strawberry stands add a great deal
of charm to your otherwise vacant land or parking lot. We it- very professional.
4. idle unll post a clean-up bond: for your peace of mind and to ensure we leave the property as clean or
cleaner than when we found it.
Our company is fully insured and will name your firm as additionally insured on our policy.You will
be insured for at least $1,000,000 liability.
The greatest part of our business together is our season lasts 3-5 manths.This allows the land to be used
for other business opportunities in the off-season. Thacker Berry Farms has fund-raisers for October
(pumpkin patch - Country Fair) and December (Christmas tree Ict).This is a great way for your
company to raise money for otherwise vacant land.
For more information, contact Ted Thacker (714) 283-0757
Thacker Berry Farms
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Planning Commission Meeting March 7. 1996
Additional Business No. b.
C1TY OF NEWPORT BEACH
TO: Planning Commission
DATE: March 7, 1996
FROM. Patricia Temple, Acting Planning Director
RE: Temporary Use of a Strawberry Stand,
Applicant - Ted Thacker, Thacker Berry Farms
LOCATION: 2400 East Coast Highway (Comer of East Coast Highway and Avocado
Avenue, a vacant lot, aka Corona del Mar Plaza site)
Approval of a temporary use (strawberry stand) for a period not to exceed 90 days from March 8,
1996 to June 5, 1996. Said use will be subject to the following conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along East Coast
Highway and 10 feet behind the back of curb along MacArthur Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject property and not along .the public
right-of-way on East Coast Highway, MacArthur Boulevard or Avocado Avenue.
4. That no temporary A -frame or other similar temporary signs shall be utilized either on -site or
off -site to advertise the subject temporary use. Signs of a permanent nature may be permitted
at the intersection of East Coast Highway and Avocado Avenue and the applicant shall also
provide directional signage to aid patrons regarding access to the subject facility.
5. That a building permit shall be obtained from the Building Department and the appropriate
clean-up deposit shall be posted to insure maintenance and clean-up of the subject property
after removal of the temporary use. The applicant shall obtain approval from the City Traffic
Engineer for the site access(es) and parking area prior to the issuance of the building permit
and implementation of the proposed temporary use.
Attachments: Letter from the Applicant with Plot Plan
F.\WP51\PLANNING\IPUBN011PN96030764TRAW3.DOC
Whacker Berry Far s
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THANK YOU FOR YOUR TIME AND THIS OPPORTUNITY TO BRIEFLY DESCRIBE OUR FAMILY -OWNED OPERATION.
PRODUCT:
SWEET, LARGE, FRESH STRAWBERRIES IS OUR BUSINESS. THEY ARE DELIVERED EACH MORNING, PICKED OFF
THE VINE THAT SAME MORNING. WE SELL OUT EVERYDAY, IF WE HAVE ANY BERRIES LEFT OVER WE HAVE CONTRACTS
WITH RESTAURANTS TO TAKE THEM TO. SO TO ENSURE OUR CUSTOMERS FRESH STRAWBERRIES PICKED THE SAME DAY
THEY PURCHASE THEM. THIS SERVICE IS VERY UNIQUE AND MUCH NEEDED IN ANY COMMUNITY. WITHOUT
UNDERMINING OUR LOCAL SUPERMARKETS, THEY ARE SIMPLY TOO LARGE OF AN OPERATION TO RENDER THIS
SERVICE IN FACT, SUPERMARKETS MUST PICK THE BERRIES HALF -GREEN -HALF RIPE AND THEN GAS THE BERRIES WITH
CARBON -DIOXIDE TO SLOW DOWN THE RIPENING PROCESS TO ENSURE A WEEKLY SHELF -LIFE INSTEAD OF A DAILY
ONE. WE SPECIALIZE IN STRAWBERRIES AND WE KNOW IT IS THE ALL-TIME AMERICAN FAVORITE FRUIT! IN FACT, IN
OUR PEAK -PART OF THE SEASON OUR FIELDS PRODUCE STRAWBERRIES FOUR -INCHES LONG AND TWO -AND -A -
HALF INCHES THICK, RIPENED TO COMPLETE PERFECTION AND FILLED WITH THAT WHOLESOME, HEAVEN -LIKE FLAVOR
MOTHER !MATURE INTENDED.
WHAT WE OFFER YOUR CITY:
IN MANY AFFLUENT CITIES LIKE CORONA, IRVINE, LAGUNA BEACH, HUNTINGTON BEACH, PALOSVERDES,
LONG BEACH, BIXBY KNOLLS ETC., ETC., YOU WILL NOTICE BETWEEN THE MONTHS OF FEBRUARY AND JUNE
MANY STRAWBERRIES STANDS. EVERY CITY THAT HAS EVER TRIED THIS UNIQUE SERVICE HAS HAD OVERWHELMING
PRAISE FROM ITS RESIDENTS.
WELL RUN, WELL KEPT STRAWBERRY STANDS ADD A CERTAtN COUNTRY CHARM TO A METROPOLITAN
AREA.
OUR STANDS ALWAYS LOOK NEAT AND BRAND NEW AND HAVE NO NEED OF ELECTRICITY SINCE WE SELL
IN DAY -LIGHT HOURS ONLY.
"THACKER BERRY FARM" STRAWBERRY STANDS DRESS -UP AND MAKE GOOD USE OF EMPTY LOTS.
THEY ARE ALSO A WELCOME ADDITION TO ANY OVER -SIZED PARKING LOT SINCE THEY ONLY TAKE UP ONE
PARKING STALL, PROVIDED THE LANDLORDS PERMISSION.
WE AT "THACKER BERRY FARM" LIKE TO GIVE BACK TO COMMUNITY BY CONTRIBUTING A PORTION OF
EACH BOX OF STRAWBERRIES SOLD TO A LOCAL CHARITY OF THE CITY IS CHOICE.
TRY US:
GIVE US A 30 OR 45 DAY TRIAL PERIOD. I'M SURE YOU AND YOUR COMMUNITY WILL AGREE WITH ALL
THE OTHER CITIES THAT HAVE TRIED US. "WE BRING THE COUNTRY TO YOU.
FOR MORE INFORMATION PLEASE CALL 1 (800) 593-5867.
SINCERELY YOURS,
CO-OWNER TED THACKER
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AULICATION No.
PERMIT FOR A TEMPORAR*E (TYPE 1) Application Rec'd by
CITY OF NEWPORT BEACH Fee: $
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
(714) 644-3200
Applicant (Print) Audrey Patterson Owner- Recycled Rrie (714) 675-5553
Address of Property Involved narking lot a+ 9737 E. c am+ ugyCernna aei Mar-, s a
Mailing Address
Property Owner Roger McKinnon Phone (714) 675-2311
Mailing Address 2737 E Coast Hwy Corona del Mar, Ca 92625
Purpose of Application (describe fully) The purpose of n
for the use of the property one day p/ month for Recycled Rags
Present Use Par -king Let Proposed Use Zone
display
Proposed:
a. Total Area of All Structures(squarefootage):
Indoor Areas:
Outdoor Areas:
b. Area (square footage) of the proposed temporary use: q6lx 10!= 1(690 +
Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc.
Legal Description of Property Involved (if too long, attach separate sheet)
PROPERTY OWNER'S AFFIDAVIT
(1) (We) Fege s Mokt i nnon depose and say that (I am) (we are) the owner(s) of the
property(ies) involved na this application. (I) (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. i , -
Signature(s)
NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application.
DO NOT COMPLETEAPPLICATIONBELOW THIS LINE
Date Filed (P FeePd. .:2r'— ReceiptNo.
22 - 1 (,
Planning Director
Date 8- 2 APp
P.C. Hearing P.C.
C.C. Hearing C.C.
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT (714) 644-3206
August 23,1996
Recycled Rags
2731 East CoastHighway
Corona del Mar, CA 92662
Attn: Audrey Patterson
Subject: Temporary Use of a Commercial Parking Lot
Applicant - Audrey Patterson, Proprietor
LOCATION: 2731 East Coast Highway, in a portion of the parking lot at the rear (Lot 3,
Block E, Tract No. 323, on the southerly side of East Coast Highway
between Goldenrod Avenue and FernleafAvenue)
Dear Ms Patterson:
The Planning Commission at its meeting of August 22, 1996, concurred with the recommendation
of staff approving a temporary use (outdoor sales in a commercial parking lot) for a period not to
exceed 90 days from August 23, 1996 to November 21, 1996. Said use shall be subject to the
following conditions of approval:
That the outdoor use shall be located in the commercial parking lot only and shall not
extend into the public rights -of -way of East Coast Highway, Goldenrod Avenue or into
the alleys.
2. That the outdoor sales shall be limited to the sale of clothing and fashion accessories only
and shall occupy the area as shown on the approved plot plan (approximately 30 ft x 36
ft.). Any increase in the area devoted to the outdoor sales shall be reviewed and approved
by the Planning Director prior to implementation.
3. That all employees shall park on -site.
4. That a minimum of 5 on -site parking spaces (independently accessible) shall be
maintained for the parking of employee and patron vehicles.
5. That all patrons shall be directed to park within the subject parking lot or on the public
streets; and not within the alley right-of-way at the rear of the subject property.
6. That no temporary A -frame or other similar temporary signs shall be utilized either on -
site or off -site to advertise the subject temporary use.
3300 Newport Boulevard, Newport Beach
`} •90 Day Temporary Use
Page 2
7. That trash receptacles shall be conveniently placed on the subject property for the
convenience of patrons.
That the hours of operation shall be limited to between the hours of 9:00 am. to 5:00 p.m.,
on the last Sunday of each month. Any deviation from the established hours or events of
more than one day a month, shall be subject to the approval of a special events permit
issued by the Community Services Department and review and approval by the Planning
Department.
9. That no outside paging system shall be utilized in conjunctionwith the outdoor, sales use.
PLANNING DEPARTMENT
n
By ✓
Patricia Temple
Planning Director
Attachment: Vicinity Map
Letter from the Applicant with Plot Plan
VICINITY MAP
VL .... I -
RECYCLED RAGS
Temporary Use (90 days) ,
' SubiectProaertvand SurroundingLand Uses
The subject property is developed with a retail commercial building and related off-street parking spaces.
To the northwest and northeast, next door and across East Coast Highway, are commercial uses; to the
southeast, are commercial uses; and to the south and southwest, across a 14 foot wide alley, are residential
uses.
u
2731 E. Coast Hwy.
Corona del Mar
CA, 92625
(714) 675-5553
Mr. Jay Garcia
City of Newport Beach
Planning Commission
3300 Newport Blvd
Newport Beach Ca 92663
Dear Mr. Garcia,
Rctititw of
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
AY i 3 199S Pik
718191KIIllIVI 1213141516
July 16,1996
This letter is in response to the telephone conversation the had on
July 9th,1996 regarding the operation of Recycled Rags Famous Parking
Lot Party. I have enclosed a copy of a letter from 1992 that has been published
locally. It describes Recycled Rags history as well as the event in question.
This day is anticipated by people from Northern California to San Diego
each month and is a staple in their wardrobing needs. In addition to adding a much
appreciated boost to our sales every month, the customers it draws for the•one
day is a bonus for the surrounding area . The shop itself is open as well during
the Parking Lot Party and all sales are written up and monies accepted inside
Recycled Rags. We do matte accommodations for these extra customers by
providing more room for them to shop in the parking lot. As you requested, I am
enclosing the plot plan outlining this setup.
I truh• . npreciaie your helpfulness in resch in: this matter. if there is
anNthing k1se 1 can do that ttuu! : c•tpedite this proees>. plea c let rtc knc%t.
Sincerely,
Audrey Patters
Owner
Recycled Rags
r�
u
THE RECYCLED RAGS STORY
By Gary Richards
Twentythree yeah ago Audrey Patterson
had an idea to open a ckthi"g fore•
In the beginning people were a little shy
baying and selling this way. You see, this store is
a consignment slore.
Women would come in an hope their
neighbors vvouldnl catch stunt shoPPfng for bar-
gains, as this store is located In Corona del Mar.
This town Is not known bd!ssc ld discount Shopping*
e Audlef
In those days you
Ing up and down the
boulevard in a very large
hat with a belt buckle larg• Rod
er than her w Fate body.
In a town that prided
itself as having more S.0
grads than any other town
in he, U.S., preppy was in.
Every %here you locked
you saw man and wa-+en
In penny loa(ers, with
sweaters lied around
their neck.
My mother Audrey
thought it was a shame that
all the boys and girls
looked the same. Her idea
was to sell exciting clothes
that turned heads when RE
rmaking an entrance
Recycled Rags now
serves clients from the
TnnpTorsers In New York
to ponoiulu Hawaii. Eight
thousand people now snip•
ply the store. some fell* Ship from b to slant
and some peopleop b PLO
me tonly.
Keeping the clothes on the Boor for 30
days, we price thern 113 original price. At the last
S srda%y a' emery mo,0%with u� c!le^ts Oems'
Slen ekthes are matted 41)% off the store price.
w offer a $100 gift certificate and a $50 hat at a
drawing held u 230 p.m on that same day. free
hot dogs and kn onade for slmoppers
Recycled Rags has dressed women r
W mbledon, the Kentucky Derby,Reagan
Bush inaugurals and everything in between- For
women dressing for success, $o gon a cruise,
r fins stop.
or getting married we should be you
Rags has been seen on Channel 7 ABC
A.M. Los Angeles with Tawny Little and Steve
Edwards Trinity Broad S sthog in D Europe � and
locally. \5re have been
Advertised and written up
in guess informant in every
major bagl from Beverly
Hills to San'Oiego. Orange
Coast Magazine, Orange
County Register and the Los
Angeles Times have all
done feature articles on us.
We r.ow have buyers
from all over the world
from Sweden to Australia -
if you want quality at a
fair price, this store is
for you.
Recycled Rags only
closes six days a year. We
are open seven days a
week. Please call us at
Y LED (714) 675.5553,
(ACSIna time when busi-
nesses
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gone forward every year for
73 years, thinks to the deck led buyers, suppll'
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From the wardrobes of the worlds best
dressed people, thank you for your continuing
Support.Sincerely,
5"T (w JRitha.rds
?;;, E, C__: F;:gh\QV Cefr_? del 112r. C4 92625 1 6�5.5553
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2731 E Cst Hwy
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0 6
Planning Commission Meeting February 8. 1996
Additional Business No. b.
CITY OFNEWPORT BEACH
TO: Planning Commission
DATE: February 8, 1996
FROM: Patricia Temple, Acting Planning Directc�\,
RE: Temporary Use of a Strawberry Stand,
Applicant - Sam Allen, Sunshine Strawberries
LOCATION: Northeast Corner of West Balboa Boulevard and 21st Street, parking lot for
Savannah's Hut
Approval of a temporary use (strawberry stand) for a period not to exceed 90 days from February 10,
1996 to May 10, 1996. Said use will be subject to the following conditions of approval:
1. That the stand shall be located at least 10 feet behind the back of sidewalk along West Balboa
Boulevard.
2. That all employees shall park on -site.
3. That all patrons shall be directed to park within the subject parking lot and not along the
public right-of-way on West Balboa Boulevard.
4. That no temporary A -frame or other similar temporary signs shall be utilized either on -site or
off -site to advertise the subject temporary use.
CG
•
SUNSHINE STRAWBERRIES
January 29, 1996
Ms. Patty Temple
Planning Manager
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92659
8881 SAILPORT DRIVE
HUNTINGTON BEACH, CA 92646
(714) 969-6636
RECEIVED 13Y (714) 965-1448
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
JAN 3 0 1996
7 8�9�10�1111211rt�3�4115 6
Dear Patty,
Sunshine Strawberries requests permission to open and operate a
temporary strawberry stand on the northeast corner of Balboa Blvd.
and 21st street, Balboa, California. Enclosed please find a Lease
Agreement between Sunshine Strawberries and THE CRAB COOKER /
SAVANNAH'S HUT. The strawberry stand will take only one parking
space in the parking lot of Savannah's Hut.
The proposed period of operation is for ninety days beginning on
February 10, 1996 and ending on May 10, 1996.
We have been in the produce business for eleven years as growers,
wholesalers and retailers of fresh strawberries. We believe that
our top quality, reasonably priced product provides our customers
with great value and the utmost in customer satisfaction. Sunshine
Strawberries prides itself with it's sincerity, legitimacy and hard
work ethics which help to establish business relationships
benefiting all.
We portray a very welcoming atmosphere at all of our locations,
which attributes to our outstanding repeat customer business.
Every stand is built specifically to landscape, professionally
painted red and white then finished with first class art -work.
Additionally we offer incentives which provides our customers with
great value and quick returns. Please refer to the enclosed
promotional card as an example.
Over the years, we have developed very good relationships with our
"Landlords"; enclosed is a list for you to call. Also enclosed is
a site -plan of the location and a few photographs of our stands and
berries.
In the past couple of years, we have donated regularly to the
Newport -Mesa Unified School District and Exchange Club for Child
Abuse Prevention. This season we will donate $.50 cents per flat
sold through this location. Enclosed are a couple of Certificate's
of appreciation from last season.
Ll
Ms. Patty Temple
January 29, 1996
Page 2
Thank you for your time and attention. I will call you next week
to answer any questions you may have and to discuss the next step
in the permit process.
Sincerely,
SU HINE STRAWBERRIES
Allen
owner/Partner
Enclosures; Agreement, References, Photos, Promo Card,
Certificate's of Appreciation.
1 • L
*CONFIDENTIAL*
SUNSHINE STRAWBERF
Reference List
1. Mr. Patrick Quinn
Director of Facilities
FOUNTAIN VALLEY SCHOOL DISTRICT
17210 Oak Street
Fountain Valley, CA 92708
(714) 843-3245
Stand Location: northeast corner of Newland Street/Talbert
Avenue, Fountain Valley
2. Ms. Janette Ditkowsky
FREEWAY INDUSTRIAL PARK
Chief Operating Officer
2032 La Colina Drive
Santa Ana, CA 92705
(714) 744-4089
Stand Location: northeast corner of Gothard Street/Edinger
Avenue, Huntington Beach
3. Ms. Carolyn Stocker
Director, Management Support Services
NEWPORT MESA UNIFIED SCHOOL DISTRICT
2985 Bear Street - Building A
Costa Mesa, CA 92626
(714) 556-3240
Stand Location: southwest corner of Baker\Bear Streets,
Costa Mesa
4. Mr. Francis C. Hall
President, Owner
RICHENBACHER GUITARS
P.O. Box 1321
Santa Ana, CA 92702
(714) 545-5574
Stand Location: northeast corner of 17th Street/Tustin
Avenue, Tustin
Additional references available upon request.
*CONFIDENTIAL*
NEWPORT-MESA
UNIFIED SCHOOL DISTRICT
of APP-R;t-CIAT10-N
Tresentedita
Rumshine- Str- awberrIts
;In recognition ofyour.enerous contribution;of time;and.energy
to enhance the education of our clfddren. _
'Date
June 14, 1994
- -
foe
�—
resa entp ;Boar �o :E ucati on � �uperanten ent of Schoo-d's
NEWPORT-MESA Unified School District
Post office box 1368 • newport beach, california 92663 6 (714) 760-3200
BOARD OF TRUSTEES
JIM de BOOM + EDWARD H. DECKER • MARTHA FLUOR
JUDY FRANCO • JIM FERRYMAN • WENDY LEECE • SERENE STOKES
DR. MAC BERND, Superintendent
May 25, 1995
Sam Allen, Owner/Partner
Sunshine Strawberries
8881 Sailport Drive
Huntington Beach, CA 92646
Dear Mr. Allen:
The Newport -Mesa Unified School Districl's Board of Education,
at its meeting on May 23, 1995, unanimously accepted your
generous donation of $359 to the Newport -Mesa Unified School
District.
On behalf of the District's Board, staff, and students, please
accept our appreciation for your thoughtful gift. We are indeed
fortunate to have such interested members of the community
like you to support the betterment of our instructional
programs.
Sincerely,
Michael H. Fine
Director of Fiscal Services
:jh
t n r
NEWPORT-MESA Unified School District
Post office box 1368 • newport beach, california 92663 • (714) 760-3200
BOARD OF TRUSTEES
JIM de BOOM . EDWARD H. DECKER • MARTHA FLUOR
JUDY FRANCO • JIM FERRYMAN . WENDY LEECE • SERENE STOKES
DR. MAC BERND, Superintendent
June 14, 1995
Mr. Sam Allen, Owner/Partner
Sunshine Strawberries
8881 Sailport Drive
Huntington Beach, CA 92646
Dear Mr. Allen:
The Newport -Mesa Unified School District's Board of Education,
at its meeting on June 13, 1995, unanimously accepted your
generous donation of $334 for the students of the Newport -
Mesa Unified School District.
On behalf of the District's Board, staff, and
accept our appreciation for your thoughtful gift.
fortunate to have such interested members of
like you to support the betterment of o'
programs.
-Sincerely,
7n.�7r;,
Michael H. Fine
Director of Fiscal Services
:jh
students, please
We are indeed
the community
it instructional
M n 01
CHILD AWSE
PREVENTION CENTER
April 26, 1995
Mr. Sam Allen;
SUNSHINE STRAWBERRIES
8881 Sailport Drive
Huntington Beach, CA 92646
Dear Mr. Allen:
On Behalf of the Exchange Club Child
we, the Board of Directors, staff, and our
like to take this opportunity to thank you
in donating $121.00 to our Center. It is
that we can continue to provide assistance
serve. It is our goal to help our clients
they deserve.
Abuse Prevention Center
Center's families, would
for your thoughtfulness
through such generosity
to the needy families we
reach the bright future
In the past year more than 45,000 children were reported as
potential victims of child abuse in Orange County, so'you can see
our work has just begun. Our Center had experienced phenomenal
growth during 1994 and we plan to continue our commitment to
keeping the family unit intact while breaking generational cycles
of abuse.
Again, thank you for your kindness.
ly,
Kathy McC
Executive
KM:ks
fiwR
3 Exchange Club Child Abuse Prevention Center of Orange County, Inc.
A Non Profit Corporation ®,
2482 Newport Boulevard, Suite 7, Costa Mesa, CA 92627 i (714) 722-1107 • FAX (714) 722-1173
! CHILD ABUSE 0
PREVENTION CENTER
May 25, 1995
SUNSHINE STRAWBERRIES
8881 Sailport Drive
Huntington Beach, CA 92646
Dear Sirs:
On Behalf of the Exchange Club Child Abuse Prevention Center
and the families we serve, I would like to take this opportunity to
express our appreciation for the generous donation of $111.00 we
recently received to support the Center's child abuse prevention
efforts.
Your ongoing support of this organization is especially
appreciated and could not have come at a more critical time.
thank you for your thoughtfulness,.
1
Executive D
KM:ks
�ws
;�''t? Exchange Club Child Abuse Prevention Center of Orange County, Inc.
A Non Profit Corporation
as 2482 Newport Boulevard, Suite 7, Costa Mesa, CA 92627 • (714) 722-1107 • FAX (714) 722-1173