Loading...
HomeMy WebLinkAbout11087 - Use Permit 2035 - 2930 W Coast HighwayRESOLUTION NO. 11087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OFF -SITE PARKING AGREEMENT WITH SHOKRIAN DEVELOPMENTS AND MU- TER AND WEI -TZAN MAU IN CONNECTION WITH A • CHINESE RESTAURANT LOCATED AT 2930 W. COAST HIGHWAY IN THE MARINER'S MILE DISTRICT (USE PERMIT NO. 2035) WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Off -Site Parking Agreement between the City of Newport Beach and Shokrian Developments and Yu -Ter and Wei -Tian Mau, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference, in connection with Use Permit No. 2035 for a Chinese Restaurant located at 2930 W. Coast Highway in the Mariner's Mile District; and; WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Agreement above described is approved, and the Mayor and City CI.erk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23 day of November , 1981. Ma, r ATTEST: L a ity Clerk 11/23/81 pr •RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Space Above This Line For Recorder's Use Only OFF -SITE PARKING _Q M THIS AGREEMENT, :wade and entered into this 24 +?. day of 19__U_, by and between CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," and SHOKRIAN DEVELOPMENTS, A Limited Partership i ere naEter referred to as "Owner," and YU -TER MAU and WEI -TZAN MAU Fees nafter referre to as "Lessee," is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: I. Owner owns certain real property located •at 2912 w_ coagt Highway , in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as; as set forth in attached Exhibit "B" hereinafter referred to an "the property "g and II. Lessee operates on property located at 2930 W. Coast Highway, a _ restaurant known CA NEwpolt , as CHINA PALACE Provisions of the Newport Beach Municipal Code require persons conducting a restaurant , to provide parking spaces for their customers; and III. Lessee has applied to City for a conditional use permit, has done so because Lessee proposes to have 800 sq. ft. of seating area, and the changes proposed by Lessee are such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement with Owner, wh ch agreement grants to Lessee the exclusive right to use i P automobile parking spaces the property. A,• copy of the written agreement is attached hereto and marked Bxhibit "A.• V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of conditional nsf, permit , recommended to the City Council of the City of Newport Beach approval of this Off -Site Parking Agreement, after determining that the ,conditions of section 20.30.035(D) of the Newport Beach Municipal Code were satisfied; and Vi. The City Council of the City of Newport Beach considered the proposed Off -Site Parking Agreement , determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code, and authorized execution of this Agreement, r ' -2- PLOW, THEREFORE, the parties hereto agree as follows: • 1. Lessee shall execute, and do all things necessary to ensure the effectiveness and validity of, the written agree- ment pursuant to which Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by the Lease Agreement (Exhibit "A ") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates a restaurant located at 2930 W. Coast Highway, Newport,& ach with the characteristics, anS intensity of use, authorized by the.* Lease and any previous approvals granted by City. 2. In the event that the use of the off - street automobile parking spaces provided for on this Lease Agreement (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the followings a. Alter the characteristics of, or reduce the 2930 W. Coast HT capacity of, the restaurant located at Newport Beach, C such that the automobile parking spaces available to, and under the control of, Lessee are, given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal Code; • b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City at Newport Roach that automobile parking spaces previously available to Lessee are no longer available; and c. Prior to resuming business in the manner E • authorized prior to the loss of the parking spaces,Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement (Exhibit "A") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all timee'the said restaurant is open for business, provide a sufficient number of parking attendants to ensure that the off - street parking spaces are utilized for the purposes intended. 4. Lesseetahall fully perform all of the conditions of approval imposed by the Planning Commission and /or City council of the City of Newport Beach in conjunction with the approval of conditional use permit The minutgs of the Planning Com- mission and /or City Council reflecting the conditions imposed are attached hereto, marked Exhibit 'B", and are incorporated herein by reference. 5. Lessee ahall, at leasi 90 days prior to the expira- tion of the written Lease Agreement, (Exhibit "A") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and • contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A "). -4- V 6. This Agreement shall run with the property shall isbind the heirs, successors -in- interest, transferees, vendees, and /or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: city Clerk • CITY OF NEWPORT BEACH A Municipal Corporation BY . Mayor CITY SHOKRIAP] DEVELOPMENTS, A Limited Partnershi. by: SAID SHOKRIAN, OWNER General Partner YU-TER'' AAU LESSEE WEI-TZAN MAU LESSEE LEASE AGREE114ENT THIS LEASE AGREEMENT is made as of the _4 111%, day of �;•�C h �,• r 1981, y�and between SHOKRIAN DEVEuOPMEIVTS, A LiA Limited Partnership, hereinafter referred to as "Lessor ", and YU -TER MAU and WEI -TZAN MAU, doing business as • CHINA PALACE, hereinafter referred to as "Lessee ". Lessor and Lessee agree, as follows: 1. Lessor leases to Lessee and Lessee hires from Lessor those premises described as: twenty parking spares to be desig- nated by Lessor, for the sole and exclusive use of Lessee, only dur- ing hours of operation of the here- inafter described restaurant, located on the.real property commonly known as 2912 West Coast Highway, Newport Beach, CA, and as more particularly described as set forth on Exhibit 1 attached hereto. 2. The term of this Lease shall be for for as long as Lessee operates a restaurant at 2930 West Coast Highway, Newport Beach,, CA, commencing upon approval by the City of Newport Beach of Lessee's application to operate said restaurant with a seating area of 800 sq. ft. or more. 3. Consideration for this Lease is hereby acknowledged by Lessor. 9. This Lease is made pursuant to the application of Lessee to the City of Newport Beach for a conditional use permit to operate a restaurant at 2930 West Coast Highway, Newport Beach, CA with a seating area of 800 sq. ft. or more. 5. Except as stated herein and excepting the rental provisions of paragraph 2.02a thereof, all terms and conditions of that certain lease dated Ora„ 1S ,1981 between SAID SHOKRIAN and YU -TER MAU and WEI -TZAN MAU doing business as CHINA PALT.CF., are incorporated herein by this reference. Where alterations, repairs, maintenance, taxes, assessments, utilities and insurance are to be pa•d bX4 4 ssee, only those sums attributable to the said twent,,Aq�&r ing spaces and access thereto shall accrue to lessde. 6. This Lease Agreement may be recorded, separately or in conjunction with an Off-Site Parkinn Agreement between the City of Newport Beach, Shokrian Developments, A Limited Partnership, and Yu -ter Mau and Wei -tzan Mau, at the time that the City of Newport Beach approves and records said Off -Site Parking Agreement, or thereafter. p WITNESS my hand the date first above written at • f�!` 'EG"�f+ -f11, California. YU /T *'MAU SJIOK1t1�N DI•.VJ;LJ)l4�I;tJTS, A Limited Partnership WEI -TZA14 MAU by: Said Shokrian, General Partner EXHIBIT A n 1✓ •DESCRIPTION: THAT PORTION OF LOT BEACH, COUNTY OF OR RECORDED IN BOOK 29 MAPS, IN THE OFFICE AS FOLLOWS: "F" OF TRACT,NO. 919® 1N1THE'CITY OF NEWPORT ANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP PAGES 31 THROUGH 34 INCLUSIVE OF MISCELLANEOUS OF THE COUNTY RECORDER'OP SAID COUNTY, DESCRIBED •BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF THE CALIf(GkNIA STATE HIGHWAY AS SMO %N ON SAID MAP, SAID POINT OF BEGINNING BEING DISTANT 662.06 FEET SOUTHEASTERLY MEASURED ALONG SAID NORTHEASTERLY LINE FROM THE SDUTF+FASTERLY CORNER OF THAT PARCEL Of LAND CONVEYED TO WALTER S. SPICER APO WIFE, BY OFFD RECORDED IN BOOK 436 PAGE 190 OF OFFICIAL RECORDS OF SAID COUNTY/ THENCE CONTINUING SOUTHEASTERLY ALGo.G SAID NORTHEASTERLY LINE A DISTANCE Of 85.02 FEET TO A LINE PARALLEL WITH AND DISTANT 294.15 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES TO THE CENTERLINE Of RIVERSIDE AVENUE (FORMERLY SAN BERNARDINO AVENUE)) THENCE ALONG SAID PARALLEL LINE MONTH 29 DEGo 53 MIN. 36 SEC. EAST, 456.81 FEET TO THE NORTHERLY LINE OF SAID LOT •FM) THENCE SOUTHWESTERLY ALONG, SAID NORTHERLY LINE 88.35 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION OF SAID LOT *PO, CONVEYED TO EVERETT.E. RIEGER AND WIFE, BY DEED RECORDED IN BOOK 1499 PACE 167 OF SAID OFFICIAL RECGROS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL CONVEYED TO EVERETT E. RIEGER AND WIPE, SOUTH 29 DEG. 53 MIN. 36 SEC. WEST, PARALLEL WITH SAID CENTER LINE OF RIVERSIDE AVENUE, A DISTANCE OF 30S.29 FEET TO THE SOUTHWESTERLY TERMINUS OF THAT COURSE IN SAID DEED RECORDED IN BOOK 14409 PAGf. 167 DESCRIBED AS NORTH 28 DEG.. 59 14IN.,30 SEC. EAST, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT 305.29 FEETwo THENCE NORTHWESTERLY PARALLEL TO THE NORTHEASTERLY 41NE OF SAID CALIFORNIA STATE HIGHWAY 7.94 FEET TO THE MOST EASTERLY CORNER 01' THAT PORTION OF SAID LOT "f" CONVETED TO CLYAN H. HALL AND WIFE BY DEED RECORDED IN BOOK 1474 PALL 409 OF SAID OFFICIAL RECORDS, THENCE SOLTHWESTERLY ALONG THE SOUThkASTLRLY LINE OF LAST SAID PARCEL, PARALLEL TO SAID CENTERLINE OF RIVERSIDE AVENUE SOUTH 24 DEG. S3 MIN. 36 SEC. WEST, 63643 FEET; THENCE NORTM4ESTEkL PARALLEL TO SAID NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY S.OR FEET) THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 2S DEG, S3 MIN. 36 SEC. WEST, 57.15 FEET TO THE POINT OF BEGINNING. • EXHIBIT 1 D G+ 0 DESCRIPTION: THAT PORTION OF LOT "F" OF TRACT NO. 919, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP . RECORDED IN BOOK 79 PAGES 31 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED •AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY AS SHOIvN ON SAID HAP, SAID POINT OF BEGINNING BEING DISTANT 662.0R FEET SOUTHEASTERLY MEASURED ALONG SAID NORTHEASTERLY LINE FROM THE SOUTHFPSTEPLY CORNER OF THAT PARCEL OF LAND CONVEYED TO WALTER S. SPICER AND WIFE, BY DEED RECORDED IN BOOK 436 PAGE 190 Of OFFICIAL RECORDS OF SAID COUNTY/ THENCE CONTINUING SOUTHEASTERLY ALGnG SAID NORTHEASTERLY LINE A DISTANCE OF 85.82 FEET TO A LINE PARALLEL WITH AND DISTANT 294.15 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES TO THE CENTERLINE Of RIVERSIDE AVENUE (FORMERLY SAN BERNARDINO AVENUE) ;' THENCE ALONG SAID PARALLEL LINE NORTH 29 DEG, 53 MIN. 36 SEC. EAST, 456.84 FEET TO THE NORTHERLY LINE OF SAID LOT "F "; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE 80,35 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION Of SAID LOT "F", CONVEYED TO EVERETT E. BIEGER AND WIFE, BY DEED RECORDED IN BOOK 1499 PAGE 167 OF SAID OFFICIAL RECGRDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL CONVEYED TO EVERETT E. BIEGER AND WIPE, SOUTH 29 DEG. 53 MIN. 36 SEC. WEST, PARALLEL WITH SAID CENTER LINE OF RIVERSIDE AVENUE, A DISTANCE OF 305.29 FEET TO THE SOUTHWESTERLY TERMINUS OF THAT COURSE IN SAID DEED RECORDED IN BOOK 1499 PACE. 167 DESCRIBED AS NORTH 28 DEG. 59 MIN. 30 SEC. EAST, PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT 305.29 FEET", THENCE NORTHWESTERLY PARALLEL TO THE NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY 7.94 FEET TO THE MOST EASTERLY CORNER Of THAT PORTION OF SAID LOT "F" CONVEYED TO CLYAN M. HALL AND WIFE BY DEED RECORDED IN BOOK 1474 PAGE 409 OF SAID OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF LAST SAID PARCEL, PARALLEL TO SAID CENTERLINE OF RIVERSIDE AVENUE SOUTH 29 DEG. 53 MIN. 36 SEC. WEST, 63.43 FEET; THENcr NORTH6ESTEkL PARALLEL TO SAID NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY 5.00 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 25 DEG, 53 MIN. 36 SEC. WEST, 57.15 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" 'at..