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HomeMy WebLinkAboutC-1786 - Off-Street Parking Agreement, 1100 West Coast Highway1976 City Council Meeting January /26, 1976 Agenda Item No. H -2 (j4 BY `' C "t ®'1 q`L CITY OF NEWPORT BEACH C!TY "AC:' January 21, 1976 TO: City Council C- 1`lB(:� FROM: Department of Community Development SUBJECT: Request for an Off -site Parking Agreement in conjunction with the reopening of the Kismet Restaurant, located at 1100 West Coast Highway, on the northerly side of West Coast Highway, opposite the Balboa Bay Club. LOCATION: Lots 36 and 37, Tract 1210 (Restaurant); Westerly six feet of Lot 35 and Lot 38, Tract 1210 (Off -site Parking Lot). ZONE: C -1 -H APPLICANT: Larry Smith and Only, Inc., Lessee Ali Rabbani, Sublessee OWNER: Tract 1212 Limited Application This application requests approval of an off -site parking and access agreement in conjunction with the reopening of Kismet Restaurant. In accordance with Section 20.38.040 of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common owner- ship in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a lease- hold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instru- ments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County recorder and copies thereof filed with the Department of Community Development. Suggested Action If desired, adopt resolution authorizing the execution of an off - site parking agreement between the City of Newport Beach, Larry Smith, Only, Inc., and Ali Rabbani. TO: City Council - 2. Planning Commission Recommendation At its meeting of September 4, 1975, the Planning Commission voted unanimously to approve Use Permit No. 1764, which will allow the Kismet Restaurant to reopen with on -sale alcoholic beverages, live entertainment and dancing. In addition, the use permit also pro- vides for tandem parking spaces and requires the securing of an off -site parking and access agreement for the use of a portion of the required parking spaces which exist to the east and west of the restaurant site. The Kismet Restaurant was originally opened for business in Febru- ary, 1974, and remained open for less than a year. The restaurant now proposes to reopen and provide forty -seven required parking spaces either on site or on parcels immediately adjacent to the restaurant structure. The restaurant facility with its required parking is under a long term lease (twenty -four years) and will occupy the westerly six feet of Lot 35 and all of Lots 36, 37 and 38 of Tract 1210. However, inasmuch as these parcels have never been combined and inasmuch as the restaurant structure only occupies Lots 36 and 37, an off -site agreement is necessary to tie the parking and access on Lots 35 and 38 to the restaurant use. A site plan showing the location of the restaurant and its relationship to the required parking will be on display at the time of the City Council meeting. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director 1 ( By / Arwt) ltti�tQ?(2c l JAM S D. HEW CKER Assistant Director - Planning JDH /kk Attachment: Vicinity Map 3�f if \ Y. f \ \ �LuUREC PL - ¢ t LN �iY /FYJTlT !�4'.1Q0.2 � - t � R a1 ` e J S _,A, c 1iIIII.�' 11111 IIIIIo�� 1111 � U El' jMIT 0 • �7o L ! =S:I 2 6 1976 By 4%e cay COIUNCIL CITY ef 0108W MAT AT YWH RESOLUTION NO. H 6 S S. 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 BETWEEN THE CITY OF NEWPORT BEACH, LARRY SMITH, ONLY, INC., AND ALI RABBANI IN CONNECTION WITH THE ESTABLISHMENT OF A RESTAURANT FACILITY LOCATED AT 1100 WEST COAST HIGHWAY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain off -site parking agree- ment between the City of Newport Beach and Larry Smith, Only, Inc., and Ali Rabbani in connection with the establishment of a restaurant facility located at 1100 West Coast Highway. WHEREAS, the City Council has considered the terms and conditions of said off -site parking agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said off -site parking agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 26th day of January, 1976. r ATTEST: City Clerk HRC:yz 1/20/76