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Home My WebLink About98-28 - In Lieu Parking FeesRESOLUTION NO. 98 -28 • A RESOLUTION AMENDING RESOLUTION NO. 89 -7 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REGARDING IN LIEU PARKING FEES WHEREAS, the City Council adopted Resolution No. 89 -7 on February 27, 1989, which prohibited the issuance of new permits pursuant to the provisions of Section 12.44.125, until the City Council's approval of the Specific Area Plan for Central Balboa and Council action on Ordinance No. 88 -47. The Central Balboa Specific Area Plan has been adopted; however, the City Council has not taken action on Ordinance 88-47; WHEREAS, the City Council has authorized the preparation of a Parking Management Action Plan for Balboa Peninsula; • WHEREAS, the City Council anticipates that, as a result of said Plan, action will be taken to address Ordinance No. 88 -47 in the near future; WHEREAS, the City Council finds that eating and drinking establishments that operate with certain characteristics have a very low parking demand, which can be met with street parking without causing adverse impacts on the surrounding neighborhood. Said characteristics include small scale (fewer than forty -five seats), very low turnover, closure earlier than midnight, and location in an area with ample and convenient street parking for which there is limited demand; WHEREAS, the City Council finds that an exception to Resolution No. 89 -7 is warranted for eating and drinking establishments with the operational characteristics described above. Said exception will provide for an alternative arrangement for parking • consistent with the waiver standards provided in Title 20 of the Newport Beach Municipal -1- • • • Code and with the requirements of the Coastal Act; will not be detrimental to the health, safety and welfare of the areas surrounding qualifying eating and drinking establishments; and will not have a detrimental impact on available parking or on any future decisions to amend the provisions of Section 12.44.125; NOW, THEREFORE, BE IT RESOLVED that a permit pursuant to the provisions of Section 12.44.125 of the Newport Beach Municipal Code may be issued to eating and drinking establishments with the operational characteristics described in the findings above. This issuance shall be an exception to the prohibition for issuance of new permits contained in Resolution No. 89 -7 limited to the unique circumstances provided in the findings above. ADOPTED, this 27th day of April 1998. Thomas Cole dwards, Mayor ATTEST: 4 �9 &4 -1 LaVonne Harkless, City Clerk F:\cat\ks\Resolution\ParkgPermit.doc -2- STATE OF CALIFORNIA } • COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI V. INES, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98 -28, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of April, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 28th day of April, 1998. • Deputy City Clerk of the City of Newport Beach, California r1 LJ PARKING IN -LIEU FEE AGREEMENT «� This PARKING -LIEU FEE AGREEMENT (the "Agreement "), dated this 9"O— - day of �� , 1999 for purpose of identification, between the CITY OF NEWPORT BEACH ( "City ") and TIM AND LIZA GOODELL ( "Goodell ") is made with reference to the following: I. Goodell owns and operates Aubergine Restaurant ( "Aubergine" or 'Restaurant ") at 508 291h Street in City. Goodell proposes to expand Aubergine by increasing the area devoted to dining and modify the service of alcohol to include all alcoholic beverages (Project). H. The Newport Beach Planning Commission approved an amendment to Use Permit No. 3611 on August 7, 1997, approving the Project subject to various conditions of approval including a requirement that sixteen (16) parking spaces be provided. III. On April 27, 1998, the Newport Beach City Council ( "Council ") adopted Resolution No. 98 -28 which created an exception, for restaurants with certain operational characteristics, to the moratorium against use of a Commercial In Lieu Parking Fee Permit (Section 12.44.125 NBMC) to satisfy off - street parking requirements. The • Council also determined that Aubergine, after completion of the Project, satisfies the criteria in Resolution 98 -28 and would be in compliance with conditions to Use Permit No. 3611 related to off - street parking upon execution of this Agreement. IV. The parties wish to enter into this Agreement to establish the terms and conditions of the Commercial In Lieu Parking Permit issued to Goodell and to ensure compliance with the conditions of Use Permit No. 3611 related to off - street parking. NOW, THEREFORE, the parties hereto agree as follows: 1. TERM The term of this Agreement shall run from the issuance by City of a Certificate of Occupancy to Aubergine for the Project to the date on which Aubergine ceases operation or returns to the operational characteristics which existed prior to the approval of Use Permit No. 3611. 4. GOODELL OBLIGATIONS Goodell shall, during the term of this Agreement strictly comply with the following: is 0 0 a. Operate the Restaurant in compliance with Use Permit No. 3611, as amended • by Newport Beach Planning Commission on August 7, 1977, or as subsequently amended. This Agreement shall be modified to conform with any amendment to Use Permit No. 3611. b. Operate the Restaurant in conformance with the operational characteristics specified in City Council Resolution No. 98 -28, including but not limited to: Provide fewer than 45 seats. 2. Meet or exceed the characteristics of full - service, low turnover restaurants as provided in NBMC Section 20.05.050. 3. Close earlier than midnight. C. Pay to City $150 per year for each of the required sixteen (16) parking spaces that is not provided "on site" or on a separate privately owned parcel pursuant to an off -site parking agreement approved by the City. The first payment is due on the date City issues a Certificate of Occupancy for the Project. Each subsequent annual payment shall be due on the anniversary of this date. 5. CITY'S OBLIGATIONS • City shall: a. Consider this Agreement to constitute a Commercial In Lieu Fee Parking Permit that satisfies the off - street parking requirements of Use Permit No. 3611 as amended. b. Utilize the fees paid by Goodell pursuant to this Agreement in a manner consistent with the provisions of the Newport Beach Municipal Code. 4. DEFAULTS AND REMEDIES a. The occurrence of any of the following shall constitute an event of default: 1. Goodell fails to make some or all of the payments required by this Agreement. 2. Goodell fails to operate a Restaurant consistent with the terms of this Agreement. 3. Goodell ceases operation of a Restaurant for a period of 180 days or more. • 0 0 b. Upon the occurrence of any event of default relating to payment required by • this Agreement, City shall provide Goodell with thirty (30) days written Notice of Default. Goodell shall cure the default by doing one of the following: Making the required payments, accompanied by late fees as provided in NBMC Section 3.36.040 within the thirty day cure period; or 2. Providing required parking on site; or 3. Providing required parking on a separate parcel pursuant to an off -site parking agreement approved by the City. C. Upon the occurrence of any event of default and Goodell's failure to cure within thirty (30) days of written Notice of Default, City may institute proceedings to revoke Use Permit No. 3611 or exercise any of its rights pursuant to this Agreement or provided by law. d. Upon a breach by City of any of its duties pursuant to this Agreement and after thirty (30) days written Notice of Default and a reasonable opportunity to cure the default, Goodell may, at its option, exercise any of its rights under this Agreement and any rights provided by law. • 5. CANCELLATION Goodell may cancel this Agreement at any time upon thirty (30) days written notice to City subject to a determination by the Planning Director that, based on substantial evidence, Goodell is in compliance with the off - street parking requirements of Use Permit No. 3611 as amended. 6. NOTICES Any notice, or other communication required by this Agreement shall be in writing and shall be personally served. The notice may, in lieu of personal service, be deposited in United States mail, postage prepaid, certified or registered mail, return receipt requested, or sent by UPS, Federal Express or similar reputable overnight delivery service and addressed as follows: City City of Newport Beach Homer L. Bludau, City Manager 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 • ,j • 0 Goodell Tim and Liza Goodell Aubergine Restaurant 508 29h Street Newport Beach, CA 92658 0 Notice conforming with this section shall be deemed given upon deposit. Goodell Tim Goodell l/zopz� Liza Goodell City of Newport Beach Dennis Danner, Acting City Manager as to form H. Burnham, City Attorney • -3 ,/(S , �;9 Dated ✓ '��' Dated