HomeMy WebLinkAboutC-2306 - Off-Site Parking Agreement, China Palace Restaurant82-116064
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9
1
RECORDING i{EQ S 8 AND
WHEN RECORDED RETURN TO:
City Clerk
CITY OF NEWPORT BEACH
321.1k Newport Bo,,Alev x
Newport Beach, California 92663
OF ORANGE COUNTI ,
f _3H PM
UE A.
APR 2 '82
Space Above Th s L ne For Recorderte, Use Only
OFF -SITZ PARKING AGREEMENT
THIS AGREEMENT, made and entered into this c=/°
CITY OF NEWPORT SFR>CH, a municipal
corporation and chaster City,
hereinafter referred to as "City,"
and SHOKRIAN DEVELOPMENTS, A Limited Partership
1 11 and
hereinafter
re erre to as
"Owner,,"
YU-TER MAU and WEI-TZAN MAU
here nafter referred to as
1DLessee,"
is made with reference to the following facts, the materiality
and existence of which is and &greed by the parties
hereto:
I. Owner owns certain real, property located
at 2212 Ta- .,sem-pt _Highway, i n the C! ty of Netapor` Beach,
Cour.�y of Orange, State of California, which reaa. property is
as set forth in attached Exhibit "1" �
hereinafter referred to as "the Property"t and
82-116094
II. Lessee operates on property located
at 2930 W. Coast Highway, a restaurant
Newport Beduh, UR known
AS _ CHINA PALACE Provisions of the Newport Beach
a p , --.� _ _
I�uncr a� � - -, - - _�.
I .i VY �r� �v�y ^t.Ay� s�.r w'v%.iM4i.y
provide parking spaces for their customers) and
ZII' Leasee has zpp 1= d �Q City for a conditional use hermit,
has done so because Lessee proposes t0 have 800 s%L_.t__ 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, which agreement grants to Lessee the exclusive right to
use — - automobile parking spaces the property. A.
copy of the written agreement is attached hereto and marked
Exhibit "A."
V.
The planning
Commission
of
the City of Newport
Beach"
in conjunction
with
its
consideration of
CQaW tjnnal „gP nP.r,3rii.t'... , 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(p) of the Newport Beach Municipal Code were satisfied,
and
V1. The City Council of the City of Newport Beach
considered the proposed Off -Site Parking Agreement , determined
that the Agreement satisfied the nrovis! ,�'ection
Z;.30.035(0) of the Newport Beach Municipal Code, and authorized
execution of this Agreement,
-2-
82-116094
NOW, 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 iuiiy 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 2930 W. Coast Hi
P located a t Highway, ort,&ach
g Y. New P
with the characteristics, anJ•intensity of use, authorized by the.,
Lease and any previous approvals granted by City.
2. In the event that the use o! thw 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 Hgy,
capacity Of, the restaurant located at Newport Beach, C1
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
Yt of the parking spaces,
zs the Planning Director of the City
aRy I. '. w�i R � ., lav M M� M 4 4. 4 IPI .` 'i YAM 1 l
available to I.e88e0 are no longer available; and
C. Prior to resuming business in the manner
82--116094
authorized prior to the loss of the parking spaces,Lessee
shall submit to'Ithe Planning Director of the City of Newport
Beach a new or amended Off -Site Parking Agreement, giving
required by the Lease Agreement (Exhibit "A") and this
agreement and shall further cttain cuc0 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 times the said re=staurant
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. Lessee'shal,l 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) shalll, at least 90 days prior to the expire,
tion of the written'Lease Agreement, (Exhibit "A") provide a ;ww
or a.d Baer!.?. s �yae i'i1 i'r: r�#-#Xcii grants the use of at least the
ry+wv ti.+• .a p eY gi1
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-
STATE OF CALIFORNIA
COUNTY OF Orange } SS.
On March 1, 1982 1 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Y U—Ter Mau and
Wei-Tzan Mau
known to me
to be the person- S whose name --S subscribed to the
within instrument and acknowledged that thev executed the
same.
% s R
STATE OF CALIFORNIA
82-1.0094
SAFEWCO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
Ms4RJORIF G. 5;L' ERA
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires August 2, 1982
COUNT . OF AJ 1< & j ss.
QC l� s J
E On —�A��l � rj �� �` �, before me, the undersigned, a Notary Public in and for
v said State, personally appeared �ly ✓__._,_ 1�� S dpi -0 e 0-! A A,'
v
r -
c
E
Q e �� y
known to me to be 6 i7 A EJ1A partners of the partnership A R VE L. C PA1
LL `r
a that executed the within instrument and acknowledged to me that
S
wsuch partnership executed the same.
a :;-�!I111!lll0�rrft��gf
i WITNESS my hand arPd official seal. ?0 /� = " L.'MAURICE STAUFFER
i' Z NOTARY PUBLIC — CALIFORNIA
Cl)t� = PRINCIPAL OFFICE IN
E
Signature -� G ry z ORANGE COUNTY
`o ' "'"
3 My Commission Expires Feb. 25, 1984
Z& de I C t; _.r ?` zl CV: -7-6f
-- ��eme�zQer9eas�ltn�unmmnrmrmmmnunnn
Name (Typed or Printed) - (This area for official notarial seal)
82-116094
b• This Agreement shall run with the
property shall
bind the heirs, successors -in -interest, transferees, vendees,
and/or assignees oflthe parties he:to, and shall be recorded
in
the Office -f T^,`^e
•�;�a �'�.^F 'T�cc��'�.^"°a'"'�r of aha !�!na4-v n� nM �sna
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year f!rst w!='2 written.
CITY OF NEWPORT BEACH
A Municipal Corporation
B
Ma� �
r
CITY
SHOKRIADI DEVELOPMENTS, A Limited Partnershir
by: SAID SROKRIAN, OWNER
General Partner
YU-TERU
LESSEE
z
WET-TZAN MAU TESSEE
82-116094
LEASE AGREEMENT
THIS LEASE AGREEMENT is made as of the
day of _ S°eptv.m he r 1981,
by and between SHOKRIAN DEVELOPMENTS, 1 171mited
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 spaces 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.
4. T' -,s Lease is made pursuant to the
application of Leasee
to the City of Newpol't
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
U tt 1981 between
SAID SHOKRIAN and YU-TER MAU-r-� -and WEI-TZAN MAU doing business
as CHINA PAL71.CE, are incorporated herein bvr this reference.
Where alterations, repairs, maintenance, taxes, assessments,
utilities and insurance are to be pabX,,, asee, only those
sums attributable to the said twent4i�v-
ia
, pwrng, spaces and
access thereto shall accrue to le=-ek.
6. This Lease Agreement may be recorded, separately
or in conjunction with an Off -Site Parkinry 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 Baach approves and records a -id
Off -Site Parking Agreement, or ::hereafter.
4
17 WITNESS my hand the date first above written at
California.
it T v -timtKI
e--,
A Limiturl Partnership 0EfZTZA2J
by; -Said Shokrian, General Partner
EXHIBIT A
DESCRIPTION:
-� 82-116094
THAT PORTION Of LOT "F" OP TRACT ®�
!!LRCM, COUNTY of ORANGE, STATE OFNC 919, IN THE�CITY of NEWPORT
N ON A MAP
RECORDED IN BOF CE PAGES 31 THROU h 3401NCLUStVER At AS SOp'Md415CELLANE
MAPS, IM THE OFFICE Of THE COUNTY RFCQRDER OF SAID CONY, DESCRIBED
BEGINNING AT A POINT ON THE NORTHEASTERL
HIGHWAY AS SHOhN ON SAID MAP LINE OF THE CALIFOkNIAP SAID INNINQ STATE
662.06 FEET SOUTHEASTERLY MFASUREp ALOONG SAIDINT OFENORTNEASBEING LINE
DISTANT
THE SOUTI-FASTERLY CORNER Of THAT PAkCEL OF LANG CONVEYED ToWALTER
SPICER AND WIFE, BY DFF.D RECORDED IN BOOK 436 Ddre S.
RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTHEASTERLY 190 OALON SAlo
NORTHEASTERLY L1NE A DISTANCE OF 85.02 FEET TO A LINE PARALLEL WITH
AND DISTANT 294.15 FEET NORTHWESTERLY, MEASURED AT R G SAID
CENTERLINE OF RIVERSIDE AVENUE (FORMERLY SAN BERNARDINO AVE►rt/F,
TM[NCE ALONG SAID PARALLEL LINE NORTH P9 DEG. 53 RIGHT A►�GLES- TO ThL
456.84 FEET TO THE NORTHERLY LINE up SAID LOT "Ful T 36 SEC- EAST,
AL04 SAID NORTHERLY LINE 00035 FEET TO THE MOST EASTERLY CORNER OF
THAT PORTION OF MAID LOT arse t` d THENCE SOUTHWESTERLY
DY DEED RECORDED 1N 800K 1419 PAc�Ei6i OF SA1t3D TO ETT OPPiCIALE�ER ANO
WIFE,
THENCE ALONG THE SOUTHEASTERLY LINE OP SAID PARCEL CONVEYE®GTaSEVERE
E. BIEGER AND HIPC, SOUTH 29 DEG TT
SAID CENTER LINT: Of RIVF.RSIOE AVENUE. MIN. 36 SEC,CE 0WEST,.PARALLEL WIN
14gqSOUTrl fTlRLY TERMINUS OP THAT LOUR Sp IN SAID -taEEO REGORGED t N BOOK
141! PACT 162 DESCRIBED AS NORTH 20 DEG. S9 MIN T TO ThE
TO THE SOUTHEASTERLY LINE OF SAID LOT 305.$9 PEET30 SEC* EAST, PARALLEL
PARALLEL TO THE NORTHEASTERLY {SINE OF SAID CALIFORNIA STATE hIGHWAY
1.94 PEST TO THE MOST EASTERLY CORNER OF THAT PORTION THENCE NORTHWESTERLY
COWVVYED TO CLYAN M. HALL AND WIPE BY DEED RECOIeUEp01 NOBOOK I D LOT "FM
409 OF SAID OFFICIAL RECORDS) THENCE SOUTHWESTERLY ALONG Thr SOUTHER
LINE OF LAST SAID PARCEL, PARALLEL TO SAID CENTERLINE OF RIVERSIDE
1474 PAGE
AVENUE SCUTH 29STLRLY
DEG. 53 MIN. 36 SEC. WEST, 63.43 FEET) THENCERh6ESTEkL
PARALLEL TO SAID NORTHEASTERLY LINE OF SAID CALIFORNIA STA7E HIGHWAY
5.40 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LIN[?, SOUTH 25
DEG. sj MIN. 36 SEC. WEST S7.lS FEET TO THE POINT OF BEGINNING
EXHIBIT 1
1l
0
-COMMISSIONERS
Cit
82--1.6064
October 29, 1981
of NeWDort Beach
r
MINUTES
Ul `r' s
ROLLCALLI 111 1111 1 INDEX
5. ta license agreement for maintenance and
cepa of the non-standard improvements along the
pedestri easement adjacent to the bulkhead by
provided by owner of Parcel 2.
6. That the owners of rcels l and 2 enter into an
agreement for mai:tn e and repair of the
bulkhead in that the bulkhe is in Parcel 2 and
the tie. rods and anchors are Parcel 1. The
agreement shall be recorded i the County
Recorders Office and completed for to
recordation of the parcel map.
Request to establish a Chinese Restaurant with on -sale
beer and wine, in an existing building located in the
Retail Commercial area of the Mariner's Mile Specific
Plan Area. Said application also includes the
acceptance of an off-site parking agreement for all of
the required restaurant parking spaces..
LOCATION: A portion of Lot F, Tract No. 919,
located at 2930 West Coast Highway, on
the northerly side of West Coast
Highway, between Riverside Avenue and
North Newport Boulevard, in Mariner's
Mile.
ZONE: SP -5
APPLICANT: Ye -Ter Mau and Wei-Tzan Mau,
Inglewood
OWNER: Said Shokrian, Corona del Mar
The public hearing opened in connection with this item
and Mr. Robert Winterbotham, attorney representing the
applicants, appeared before the Commission. Mr.
Winterbotham referred to Conditions of Approval Nos.
13, 14 and 15, and stated that removing the concrete
steps and dedicating the 12 foot strip of land without
compensation, would be difficult for the applicant to
accept.
-48-
Item #26
USE PERMIT
NO. 2035
APPROVED
CONDI-
TIONALLY
COMMISSIONERS 1
-i
:53 1 5- (22 ;Tr Cit
82-116004
October 29, 1981
MINUTES
V4 fI
7
ROLL CALL INDEX
Mr. Winterbotham stated that the applicant has entered
into a five year lease with the owner. He stated that
the building in question is over 40 years old and the
terms of the lease state that the applicant may not
make any alterations on the exterior of the building.
He stated that if the applicant is successful in his
business, and renews his option on the lease, they
would then be agreeable to removing the concrete steps
after five years. He stated that the applicant would
even be agreeable in depositing monies in an account to
guarantee that the steps be removed. He then requested
that Condition of Approval No. 13 be waived.
Mr. Winterbotham referred to Condition of Approval No.
14 and stated that the applicant's proposed restaurant
business will be very small. He stated that such a
dedication would reduce his business by approximately
50 percent. Commissioner Balalis stated that the
dedication is being requested for leasehold rights
only. He added that this is a requirement for every
application located on West Coast Highway.
Mr. Bob Burnham, Acting City Attorney, stated that with
regard to this particular structure, the dedication of
the 12 feet will eliminate the opportunity to do
business out of the building. He stated that the
request for dedication, may have more of an economic
impact, in this particular case.
Commissioner Balalis suggested a condition that in the
event this particular structure is ever remodeled, for
any purpose other than the use of the restaurant, that
the request for the dedication shall be required. Mr.
Burnham suggested that a five year limit be placed upon
the use permit. Commissioner Balalis concurred. Mr.
Winterbotham stated that this would be acceptable.
Commissioner Allen referred to Condition No. 13 and
asked for further clarification on the concrete steps.
Mr. Don Webb, City Engineer, stated that this is one
public sidewalk which is almost totally blocked by
steps, making it virtually impossible for a handicapped
person to utilize the sidewalk.
-49-
. s COMMISSIONERS
C (' }}
ROIL CALL
Motion X
�
A11 Ayes Ix XIX XlX XIX
82-116094
ctober 29, 1981
Of
MINUTES
F4z,9 e: -5 Of
Mr. Winterbotham stated that embedded into these steps
are the gas and water meters. Commissioner Balalis
stated that the City and the gas company can put vaults
in there for those purposes. Mr. Winterbotham
suggested that the applicant place a cash deposit, with
a one year time limit to remove the steps, and a
condition that a three foot clearance would be
sufficient. Commissioner Balalis concurred.
Commissioner Beek suggested that if the top step is
wide enough to serve as a sidewalk, it could be ramped
up at the end. Mr. Webb stated that if it is four
feet, this would be possible. Mr. Winterbotham stated
that this would be agreeable and that the applicant
could place a $600.00 cash deposit, with six months in
which to ramp the front obstruction. Mr. Webb stated
-that they will work with the applicant in this
endeavor.
Ms. Pat Strang, representing Newport heights Community
Association, expressed her concern that children on
their bicycles also use this sidewalk. She also
referred to the parking lot and suggested that there be
a right turn only onto West Coast highway, if needed.
Mr. Webb stated that this is an item in which the
Traffic Engineer will review.
Commissioner Beek stated that the standard condition
for a washout area for trash containers should also be
required for this item.
Motion was made for approval of Use Permit No. 2035,
subject to the following findings and conditions, with
the agreed upon changes relating to the ramping of the
step, added condition for a washout area, and that the
use permit shall be for a period of five years, which
MOTION CARRIED as follows:
FINDINGS:
1. The proposed restaurant is consistent with the
General Plan, and is compatible with surrounding
land uses.
2. The Police Department has indicated that they do
not contemplate any problems.
-50-
INDEX
82-116094
COMMISSIONERS October 29, 1981 MINUTES
C
P� 4 OF -7 of New Newport Beach
ROLL CALL 1 1 INDEX
3. The proposed project will not have any significant
environmental impact.
4. The off-site parking area adjoins the subject
property, and therefore, is so located to be useful
to the proposed restaurant facility.
5. The off-site parking spaces will not create undue
traffic hazards in the surrounding area.
6. The restaurant site and the off-site parking lot are
under the same ownership, and the applicant will be
a long term lessee of both sites if this application
is approved.
7. The approval of Use Permit No. 2035 will not, under
u the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort, and
general welfare of persons residing and working in
the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or
the general welfare of the City.
1. That development shall be in substantial
conformance with the approved plans, except as
noted below.
2. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
the restaurant facility.
3. That all mechanical equipment and trash areas
shall be screened from public streets, or
adjoining properties.
4. That all unpaved portions of the proposed parking
area shall be fully improved and all deteriorated
portions of existing paving shall be repaired.
5. That the offsite parking -lot shall be marked with
approved traffic markers or painted white lines
not less than 4 inches wide in accordance with a
plan to be approved by the City Traffic Engineer.
-51-
-COMMISSIONERS
cr ?zf F> Cit
ROLL CALL
82-116094
October 29, 1981
®f Newport keach
MINUTES
h5 rT )5">
e E5,Dr-7
6. That a landscape and irrigation plan shall be
prepared and implemented for the off-site parking
area in accordance with the requirements of the
Mariners' Mile Specific Area Plan, and shall be
permanently maintained. The landscape plan shall
be subject to the review of the Parks, Beaches,
and Recreation Department and the approval of the
Planning Department.
7. That employees of the restaurant use shall park in
the off-site parking lot at all times.
8. That any parking lot lighting shall be designed so
as to eliminate any light or glare upon
surrounding properties and West Coast Highway.
--9. That kitchen exhaust fans shall be designed to
control odors and smoke in accordance with Rule 401
of the Rules and Regulations of the South Coast Air
Quality Management District. In addition, the
kitchen hood system shall have an automatic fire
protection system installed.
10. That a washout area for trash containers shall be
provided in such a way as to allow direct drainage
into the sewer system and not into the storm
drains.
11. That.grease interceptors shall be installed on all
fixtures where grease may be introduced into the
drainage systems in accordance with the provisions
of the Uniform Plumbing Code.
12. That an offsite parking agreement shall be ap-
proved by the City Council, guaranteeing that a
minimum of 18 parking spaces shall be provided on
a portion of Lot F, Tract no. 919 for the duration
of the restaurant facility located at 2930 West
Coast Highway. The required number of parking
spaces may be reduced to 12 spaces when a portion
of the restaurant use is eliminated in conjunction
with the widening of West -Coast Highway.
13. That all improvements be constructed as required
.by Ordinance and the Public Works Department.
-52-
INDEX
r a — 82-116094
COMMISSIONERS
October 29, 1981
City p of Newport Beach
MINUTES
% 6P 7
ROLL CALLI 111 11 11 1INDEX
14. That the existing steps located within the public
right-of-way be ramped and approved by the Public
Works Department and that all work be completed
under an encroachment permit issued by the
California Department of Transportation.
15. That a standard use permit agreement and accom-
panying surety be provided in order to guarantee
satisfactory completion of the public improve-
ments, if it is desired to obtain occupancy or a
building permit prior to completion of the public
improvements.
16. That this approval shall be for a period of five
years. Any extension of said use permit shall be
approved by the Planning Commission and the
dedication of the lessee's interest to 12 feet of
right-of-way on West Coast Highway shall be
reviewed, and the removal of the steps in said
right-of-way shall be required.
equest to establish a take-out ice cream shop in the Item #27
c ercial area of the Newport Shores Specific Plan
Are and to waive a portion of the required off-street
parki spaces in conjunction with said use.
USE PERMIT
LOCATION: Lots 7 and 8, Seashore Colony Tract, N0. 2036
located at 211 and 213 62nd Street, on
the southwesterly corner of 62nd Street
a d Newport Shores Drive in Newport
Sh es. Continued
to November
ZONE: SP -4 19, 1981
APPLICANT: Salvin ConsNruction, Costa Mesa
OWNER: Creative Way, Nuc., Costa Mesa
The public hearing opened. in con ection with this item
and Mr. Cliff Hanson and- MrTom Platford, the
owners, appeared before the Comm.is 'on and requested
approval of this item. Mr. Hanson ated that they
have signed a use permit applica ;on for the
Bun -n -Barrel.
-53-
t Y OP NEWPORT E_! �H
COUNCIL MEMS RS
y yti s� -o
Rni i rat 1 Z
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: November 23, 1981
MINUTES
pc�je
A Proclamation was presented to Harry Gage for being
named Harbor Master of the Year for the State of
California.
A Proclamation was presented to Dr. Archie Wilson in
recognition of "Lungs for Life Week."
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
Motion
x
B. The reading of the Minutes of the Meeting of
All Ayes
November 9, 1981, was waived, approved as written
�\ and ordered filed.
Motion
x
C. The reading of all ordinances and resolutions
All Ayes
under consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
None.
\�
E. PUBLIC COMMENTS:
None. `.
Motion
x
F. CONSENT CALENDAR: \
All Ayes
\
The following actions were taken as indicated except
for those items removed:
1. ORDINANCES FOR INTRODUCTION - For introduction and
I
pass to second reading on December 14, 1981:
(a) Proposed Ordinance No. 1893, being,
0-1893
Massage
AN ORDINANCE OF THE CITY OF NEWPORT
Parlors
BEACH AMENDING CERTAIN PORTIONS OF
(27
CHAPTER 5.50 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO MASSAGE
PARLORS. (A report from the City
Attorney)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No.}11087 authorizing the Mayor
Off -Site
and City Clerk to execute an Off -Site Parking
Pkg Agm
Agreement with Shokrian Developments aiid Yu-
R-11087
Ter and Wei Tzan Mau in connection with a
C-2306
Chinese Restaurant located at 2930 W. Coast
(38)
Highway in the Mariners Mile District (Use
. _ P •.._
Permit No. 2035) (A report from the ,Pan-
l
_
ning Department)
-
(b) Resolution No. 11088 authorizing the Mayorv+m__Card'en
L
and City Clerk to execute a License Agreement
Agreement
between the City of Newport Beach and 011ie
R-11088
S. and Jack 0. Carden for -`the operation of
C-1530
Coin -Operated Telescopes at various locations
(38)
within the City. (A report from the City
Manager)
Volume 35 - Page 339
1:1:!M\ LEE A. BRANCH
1 Z LJN TY O F COUNTY RECORDER
'
TELEPHONE: 070.1000
AREA CODE 710
S ? 3 RAN G E 070 FINANCE NORTH BRO1ADWAY
P.O. BOX 277
V SANTA ANA. CA 52702
I
OFFICE OF THE COUNTY RECORDER
City Hall March 10, 1982
3300 Newport Blvd.
Newport Beach, CA 92663 Ck. No. None
Amount
RETURNING Off -Site Parking Agreement 4 Exhibit A Lease Agreement
NAMING: Shokrian Developments $ Yu -Ter Mau
Please read the items checked below.
There is no provision in the law to record the enclosed document(s), as presented.
We suggest that you consult your legal advisor.
We are unable to determine your intent, since the enclosed document has been
recorded and the fees paid.
We have received your check without a document or letter of instruction. We are
unable to determine the intent of the fees.
The document must be a certified copy, showing an original seal and signature of
the court. There may be no additions or alterations on a certified copy.
The Trustor's mailing address must be stated on the Deed of Trust.
The legal description of the property has been omitted or is incomplete.
X% The Exhibit referenced in the document has not been attached.
All Abstracts of Judgment entered after December 31, 1978 must show the debtor's
driver's license number and /or social security number. If either of these numbers
are unknown, the abstract must so state.
Effective January 1, 1979, legislation requires a $10.00 fee on each Grant Deed
recorded showing a legal description other than a complete lot and tract or
condominium unit. The fee must be paid at the time of recording, and is in
addition to any recording fees and /or document transfer tax.
The correct fees will be $
X Exhibit B is referred to in the body of the document as being attached, therefore
it must be attached.
LEE A. BRANCH, Recorder
I B 'obin E Gallardo
F 0662 -1 y
Deputy
RG /1
•
G E
L]
OFFICE OF THE COUNTY RECORDER
LEE A.BRANCH
COVNTV RECORDER
TELEPHONE: $31-2500
AREA CODE TIt
VINANCE BUILDING
$30 NORTH RRDAOWAT
PC sox 339
SANTA ANA. CA 92203
City of Newport.Beach December 7 1981
3300 Newport Blvd. Ck. No. None
Newport Beach,CA 92663
Amt.
Off -Site Parking Agreement.
RETURNING:
Shokrian Development
NAMING:
Please refer to items checked below for necessary corrections. The red check mark(s)
on the document(s) indicate problem areas.
Not recordable in this county. Forward the document to
Check should be made payable to that county.
The notary acknowledgment is incomplete, incorrect or missing. Please complete
the form on the document, or the one we have attached. The acknowledgment must
show the complete venue, correct wording and names of parties being acknowledged.
The notary seal is missing, is illegible or has been altered. The seal must
legibly reproduce under photographic methods.
The notary signature is missing or is incomplete.
The document must contain the original signature(s) of:
X Notary acknowledgments required for signature(s) of: all Parties on dar,Iment
Document must contain verification by:
The name of the corporation, partnership or company must be printed or typed above
the signature(s),
The reason for re- recording must be clearly stated on the document.
The document must be re- acknowledged by a notary public prior to re- recording.
The names of all parties must be complete, showing the first name(s) or initials
and the last name of each party.
Insufficient fees. The correct recording fee will be $
,fD ?6f 2 -2
LEE A. BRANCH, Recorder
$y
Deput}
! 0
November 25, 1981
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached for recordation is the executed original Off -Site Parking
Agreement between the City of Newport Beach and Shokrian Developments
in connection with China Palace Restaurant.
Said Agreement was authorized by the City Council of the City of
Newport Beach on November 23, 1981 by the adoption of Resolution No.
11087,
Please record and return to us,
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City flail • 3300 Newport Boulevard, Newport Beach, California 92663
City Council Meeting
Agenda Item No.
CITY OF NEWPORT BEACH
r�
u
November 23, 1981
F -2(a)
R '♦ ri L l�'1 •
TO: City Council
NOV 2 3 1981
FROM: Planning Department
By the CITY COUNCIL
SUBJECT: Off -Site Parking Agreement CITY OF NEWPORT BEACH
Request to accept an off -site parking agreement for
the required parking spaces in conjunction with a
proposed Chinese restaurant facility in an existing
structure on Mariners' Mile.
LOCATION: A portion of Lot F, Tract No. 919, located at
2930 West Coast Highway, on the northerly side of
West Coast Highway, between Riverside Avenue and
North Newport Boulevard, in Mariners' Mile.
ZONE: SP -5
•APPLICANT: Ye -Ter Mau and Wei -Tzan Mau, Inglewood, CA
OWNER: Said Shokrian, Corona del Mar, CA
Application
This application requests approval of an off -site parking agreement
in conjunction with a proposed Chinese restaurant facility in an
existing structure previously occupied by "The Talk of the Town"
adult bookstore. In accordance with Section 20.30.035D of the New-
port Beach Municipal Code, the Planning Commission shall not recom-
mend and the City Council shall not approve off - street parking on
a separate lot from the building sites unless:
1) Such lot is located as to be useful in connection with
the proposed use or uses on the building site or sites.
2) Parking on such lot will not create undue traffic hazards
in the surrounding area.
3) 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 leasehold in-
terest of a duration adequate to serve all proposed uses
on the building site or sites).
4) 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,
103
City Council - 2.
0
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 Planning Department.
Suggested Action
If desired, adopt Resolution No. authorizing the execution
of an off -site parking agreement with Shokrian Developments and
Wei -Tzan Mau.
Planning Commission Recommendation
At its meeting of October 29, 1981, the Planning Commission voted
unanimously to recommend to the City Council the approval of the
requested off -site parking agreement in conjunction with the approved
Use Permit No. 2035 which permitted the subject restaurant facility
with on -sale beer and wine.
Analysis
Eighteen off - street parking spaces are required for the proposed
restaurant, based on one parking space for each forty square feet
of "net public floor area" (716± sq.ft. + 40 = 17.9 or 18 spaces).
The applicant proposes to satisfy his parking requirement by means
of an off -site parking agreement involving a portion of the adjoin-
ing property to the east. Due to the future widening of West Coast
Highway, the applicant has developed two parking designs. Plan "A"
provides for twenty parking spaces (eighteen spaces for the restau-
rant and two spaces for the small office on the property) and utiliz-
ing all of the front portion of the site up to the existing right -of-
way line. .Plan "B" provides for fourteen parking spaces (twelve
spaces for the restaurant use and two spaces for the small office)
which are located outside of the required setback areas. The reduced
number of restaurant parking spaces in Plan "B" is due to the re-
duced "net public area" of the restaurant resulting from the future
highway widening (716± sq.ft. - 240t sq.ft. = 476± sq.ft. + 40 =
11.9 or 12 parking spaces).
Attached for the information and review of the City Council is a copy
of the Planning Commission Staff report which describes the applicants'
request and an excerpt from the draft minutes of October 29, 1981.
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
by
FM
urrent
Attachments for City Council Only
ans Administrator WRL /kk
Planning Commission Staff Report
Draft Planning Commission Minutes
0
L-]
•
•
•
Planning Commission Meeting October 29, 1981
Agenda Item No. QV
CITY OF NEWPORT BEACH
TO: Planning Commission
FROMt Planning Department
SUBJECT: Use Permit No 2035 (Public Hearing)
Request to establish a Chinese Restaurant with on -sale beer and
wine, in an existing building located in the Retail Commercial
area of the Mariner's Mile Specific Plan Area. Said application
also includes the acceptance of an off -site parking agreement for
all of the required restaurant parking spaces.
LOCATION: A portion of Lot F, Tract No. 919, located at 2930 West Coast
Highway, on the northerly side of West Coast Highway, between
Riverside Avenue and North Newport Boulevard, in Mariner's.Mile.
ZONE: SP -5
APPLICANT: Ye -Ter Mau and Wei -Tzan Mau, Inglewood
OWNER: Said Shokrian, Corona del Mar
Application
This application is a request to establish a Chinese Restaurant with on -sale
beer and wine in an existing building located in the retail commercial area of
the Mariner's Mile Specific Plan Area. In accordance with Section 20.62.050,
B,l. of the Newport Beach Municipal Code, restaurants shall be permitted in
the Retail Commercial Area of Mariner's Mile, subject to the securing of a use
permit in each case. Use permit procedures are set forth in Chapter 20.80 of
the Municipal Code. The proposal also includes the acceptance of an off -site
parking agreement for all of the required restaurant parking spaces.
In accordance with Section 20.30.035 D. 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 building 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.
TO: Planning Commission -2.
(c) Such lot and the building site are in the same ownership, or the
owners of the building sites have a common ownership 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 leasehold 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 instruments, 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 Planning Department.
Environmental Significance
This project has been reviewed, and it has been determined that it is
categorically exempt under Class 1 (Existing Facilities) from the requirements
of the California Environmental Qualities Act.
• Conformance with the General Plan and the Draft Local Coastal Plan
The subject property is designated "Retail and Service Commercial" on the Land
Use Element of the General Plan and the Draft Local Coastal Plan. The subject
restaurant facility falls within the uses permitted.,
Subject Proper and Surrounding Land Uses
The subject property is presently developed with a small commercial building
previously occupied by "The Talk of the Town" Adult Bookstore. To the north,
is an old trailer park; to the east is the off -site parking area with a small
office and Newport Vespa (motor cycle sales) beyond; to the south, across West
Coast Highway is Rosans, Inc., a general industrial and marine use, and a boat
sales facility; and to the west, is the Newport Motel.'
Analysis
The applicant proposed to convert the existing commercial building into a
Chinese Restaurant, containing approximately 1,800 sq.ft. gross building area
and 716± sq.ft. of "net public area ". The hours of operation will be from
• 11:30 a.m. to 10 :00 p.m. daily and there will be a maximum of 5 employees
during peak hours of operation.
2
0 i
TO: Planning Commission -3.
Widening and Front Setbacks from West Coast Highway
• In accordance with the Mariner's Mile Specific Area Plan, a 12 foot wide
setback along the northerly side of West Coast Highway is required for the
future widening of the arterial street. In addition, a minimum of 50 percent
of any lot frontage abutting West Coast Highway shall provide a building
setback of not less than 10 feet from the future West Coast Highway right- of-
way, while the remaining 50 percent of the lot frontage shall provide a
setback not less than 5 feet from the future right -of -way line of Coast
Highway. Within this required setback area, no structure or other intrusions
shall be permitted, except for landscaping, decks, paving architectural
features or signs.
As indicated on the attached plot plan, the existing structure is constructed
on the front property line, thereby encroaching into the required widening
area as well as the front setback area. Inasmuch at the City has no immediate
schedule for the widening of this portion of West Coast Highway and no
expansion of the existing building is proposed, it is staff's recommendation
that the existing structure be allowed to remain within the above described
setback areas, provided that the applicant agrees to dedicate all of his
interests in the 12 -foot widening area adjacent to the building site and the
off -site parking area.
• Required Off- Street Parking
Eighteen (18) offstreet parking area required for the proposed restaurant,
based on one parking space for each 40 square feet of "net public floor area"
(716± sq.ft. r 40 = 17.9 or 18 spaces). It should be noted that the parking
standard could also vary from 15 parking spaces (based on one parking.space
for each 50 square feet of "net public area" to 24 parking spaces (based on
one parking space for each 30 square feet of "net public area "). Staff is of
the opinion that 18 parking spaces will be adequate for the proposed
restaurant, inasmuch as there is no live entertainment or separate bar
proposed. Two (2) off - street parking spaces are required for the small
existing office building located on the off -site parking site (414± sq.ft.
250 = 1.66 or 2 spaces) . Therefore, the total parking requirement on the
off -site parking location is 20 parking spaces.
Proposed Off - Street Parking
The applicant proposes to satisfy his parking requirement by means of an
off -site parking agreement involving a portion of the adjoining property to
the east. Due to the future widening of West Coast Highway, the applicant has
• developed two parking designs. Plan "A" provides for 20 parking spaces (18
spaces for the restaurant and 2 spaces for the small office) and utilizes all
of the front portion of the site up to the existing right -of -way line. Plan
"B" provides for 14 parking spaces (12 spaces for the restaurant use and 2
spaces for the small office) which are located outside of the required setback
areas, the reduced number of restaurant parking spaces in Plan "B" is due to
the reduced "net public area" of the restaurant resulting from the future
highway widening (716± sq.ft. - 240± sq.ft. = 476 ± sq.ft.r 40 = 11.9 or 12
parking spaces).
3
�► i
TO: Planning Commission -4.
Specific Findings and Recommendations
• Section 20.80.060 of the Newport Beach Municipal Code provides that in order
to grant any use permit, the Planning Commission shall find that the
establishment, maintenance or operation of the use or building applied for
will not, under the circumstances of the particular case, be detrimental to
the health, safety, peace, morals, comfort, and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental
or injurious to property and improvements in the neighborhood or the general
welfare of the City.
Staff recommends approval of Use Permit No. 2035 and suggests that the
Planning Commission take such action, subject to the findings and conditions
as outlined in Exhibit "A" attached.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
Wi am S rd,
• Senior Planner
WWW:kln
Attachments: Exhibit "A"
vicinity Map
Photographs
Plot Plans, Floor Plan
•
• 0
TO: Planning Commission -5.
EXHIBIT "A"
• FINDINGS AND CONDITIONS OF APPROVAL
USE PERMIT N0. 2035
vrninrrar_c.
1. The proposed restaurant is consistent with the
General Plan, and is compatible with surrounding
land uses.
2. The Police Department has indicated that they do
not contemplate any problems.
3. The proposed project will not have any significant
environmental impact.
4. The off -site parking area adjoins the subject
property, and therefore, is so located to be useful
to the proposed restaurant facility.
5. The off -site parking spaces will not create undue
• traffic hazards in the surrounding area.
6. The restaurant site and the off -site parking lot are
under the same ownership, and the applicant.will be
a long term lessee of both sites if this application
is approved.
7. The approval of Use Permit No. 2035 will not, under
the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort, and
general welfare of persons residing and working in
the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or the
general welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance
with the approved plans, except as noted below.
2. That a minimum of one parking space for each 40
• sq.ft. of "net public area" shall be provided for
the restaurant facility.
3. That all mechanical equipment and trash areas shall
be screened from public streets, or adjoining
properties.
s �
TO: Planning Commission -6.
4. That all unpaved portions of the proposed parking
• area shall be fully improved and all deteriorated
portions of existing paving shall be repaired.
5. That the offsite parking lot shall be marked with
approved traffic markers or painted white lines not
less than 4 inches wide in accordance with a plan to
be approved by the City Traffic Engineer.
6, That a landscape and irrigation plan shall be
prepared and implemented for the off -site parking
area in accordance with the requirements of the
Mariners' Mile Specific Area Plan, and shall be
permanently maintained. The landscape plan shall be
subject to the review of the Parks, Beaches, and
Recreation Department and the approval of the
Planning Department.
7. That employees of the restaurant use shall park in
the off -site parking lot at all times.
B. That any parking lot lighting shall be designed so
• as to eliminate any light or glare upon surrounding
properties and West Coast Highway.
9. That kitchen exhaust fans shall be designed to
control odors and smoke in accordance with Rule 401
of the Rules and Regulations of the South Coast Air
Quality Management District. In addition, the
kitchen hood system shall have an automatic fire
protection system installed.
10. That grease interceptors shall be installed on all
fixtures where grease may be introduced into the
drainage systems in accordance with the provisions
of the Uniform Plumbing Code.
11. That an offsite parking agreement shall be
approved by the City Council, guaranteeing that a
minimum of 18 parking spaces shall be provided on
a portion of Lot F, Tract no. 919 for the duration
of the restaurant facility located at 2930 West
Coast Highway. The required number of parking
• spaces may be reduced to 12 spaces when a portion
of the restaurant use is eliminated in conjunction
with the widening of West Coast Highway.
12. That all improvements be constructed as required
by Ordinance and the Public Works Department.
I
• 0
TO: Planning Commission -7.
13. That the existing steps located within the Public
• right -of -way be removed and replaced with concrete
sidewalk unless otherwise approved by the Public
Works Department and that all work be completed
under an encroachment permit issued by the
California Department of Transportation.
14. That prior to the issuance of a building permit,
the applicant shall dedicate to the City for
street and highway purposes, the applicant's
interest in the 12 foot wide strip of land
adjacent to West Coast Highway and across the West
Coast Highway Frontage. The strip is to be used
in the future for the widening of West Coast
Highway. .
15. That a standard use permit agreement and
accompanying surety be provided in order to
guarantee satisfactory completion of the public
improvements, if it is desired to obtain occupancy
or a building permit prior to completion of the
public improvements.
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COMMISSIONERS , October 29, 1981 MINUTES
g y W City of Newport Beach DRAFr
T
ROLL CALL INDEX
•
•
Request to establish a Chinese Restaurant with on -sale
beer and wine, in an existing building located in the
Retail Commercial area of the Mariner's Mile Specific
Plan Area. Said application also includes the
acceptance of an off -site parking agreement for all of
the required restaurant parking spaces.
LOCATION: A portion of Lot F, Tract No. 919,
located at 2930 West Coast Highway, on
the northerly side of West Coast
Highway, between Riverside Avenue and
North Newport Boulevard, in Mariner's
Mile.
ZONE: SP -5
APPLICANT: Ye -Ter Mau and Wei -Tzan Mau,
Inglewood
OWNER: Said Shokrian, Corona del Mar
The public hearing opened in connection with this item
and Mr. Robert Winterbotham, attorney representing the
applicants, appeared before the Commission. Mr.
Winterbotham referred to Conditions of Approval Nos.
13, 14 and 15, and stated that removing the concrete
steps and dedicating the 12 foot strip of land without
compensation, would be difficult for the applicant to
accept.
Mr. Winterbotham stated that the applicant has entered
into a five year lease with the owner. He stated that
the building in question is over 40 years old and the
terms of the lease state that the applicant may not
make any alterations on the exterior of the building.
He stated that if the applicant is successful in his
business, and renews his option on the lease, they
would then be agreeable to removing the concrete steps
after five years. He stated that the applicant would
even be agreeable in depositing monies in an account to
guarantee that the steps be removed. He then requested
that Condition of Approval No. 13 be waived.
Mr. Winterbotham referred to Condition of Approval No.
14 and stated that the applicant's proposed restaurant
business will be very small. He stated that such a
-1-
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* - c Icy D
� f0 7C fq
•
•
• October 29, 1981
Of
0
Beach
MINUTES
DRAFT
dedication would reduce his business by approximately
50 percent. Commissioner Balalis stated that the
dedication is being requested for leasehold rights
only. He added that this is a requirement for every
application located on West Coast Highway.
Mr. Bob Burnham, Acting City Attorney, stated that with
regard to this particular structure, the dedication of
the 12 feet will eliminate the opportunity to do
business out of the building. He stated that the
request for dedication, may have more of an economic
impact, in this particular case.
Commissioner Balalis suggested a condition that in the
event this particular structure is ever remodeled, for
any purpose other than the use of the restaurant, that
the request for the dedication shall be required. Mr.
Burnham suggested that a five year limit be placed upon
the use permit. Commissioner Balalis concurred. Mr.
Winterbotham stated that this would be acceptable.
Commissioner Allen referred to Condition No. 13 and
asked for further clarification on the concrete steps.
Mr. Don Webb, City Engineer, stated that this is one
public sidewalk which is almost totally blocked by
steps, making it virtually impossible for a handicapped
person to utilize the sidewalk.
Mr. Winterbotham stated that embedded into these steps
are the gas and water meters. Commissioner Balalis
stated that the City and the gas company can put vaults
in there for those purposes. Mr. Winterbotham
suggested that the applicant place a cash deposit, with
a one year time limit to remove the steps, and a
condition that a three foot clearance would be
sufficient. Commissioner Balalis concurred.
Commissioner Beek suggested that if the top step is
wide enough to serve as a sidewalk, it could be ramped
up at the end. Mr. Webb stated that if it is four
feet, this would be possible. Mr. Winterbotham stated
that this would be agreeable and that the applicant
could place a $600.00 cash deposit, with six months in
which to ramp the front obstruction. Mr. Webb stated
that they will work with the applicant in this
endeavor.
-2-
INDEX
Motion
All Ayes
•
•
X
X
Ix
X1X
• October 29, 1981
Of
i
Beach
MINUTES
DRAFT
INDEX
Ms. Pat Strang, representing Newport Heights Community
Association, expressed her concern that children on
their bicycles also use this sidewalk. She also
referred to the parking lot and suggested that there be
a right turn only onto West Coast Highway, if needed.
Mr. Webb stated that this is an item in which the
Traffic Engineer will review.
Commissioner Beek stated that the standard condition
for a washout area for trash containers should also be
required for this item.
Motion was made for approval of Use Permit No. 2035,
subject to the following findings and conditions, with
the agreed upon changes relating to the ramping of the
step, added condition for a washout area, and that the
use permit shall be for a period of five years, which
MOTION CARRIED as follows:
FINDINGS:
1. The proposed restaurant is consistent with the
General Plan, and is compatible with surrounding
land uses.
2. The Police Department has indicated that they do
not contemplate any problems.
3. The proposed project will not have any significant
environmental impact.
4. The off -site parking area adjoins the subject
property, and therefore, is so located to be useful
to the proposed restaurant facility.
5. The off -site parking spaces will not create undue
traffic hazards in the surrounding area.
6. The restaurant site and the off -site parking lot are
under the same ownership, and the applicant will be
a long term lessee of both sites if this application
is approved.
-3-
ie
COMMISSIONERS *October 29, 1981 MINUTES
�D DRAFT
20 y City of Newport Beach
ROLL CALL INDEX
7. The approval of Use Permit No. 2035 will not,
under the circumstances of this case, be
detrimental to the health, safety, peace, morals,
comfort, and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
0
is
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plans, except as
noted below.
2. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
the restaurant facility.
3. That all mechanical equipment and trash areas
shall be screened from public streets, or
adjoining properties.
4. That all unpaved portions of the proposed parking
area shall be fully improved and all deteriorated
portions of existing paving shall be repaired.
5. That the offsite parking lot shall be marked with
approved traffic markers or painted white lines
not less than 4 inches wide in accordance with a
plan to be approved by the City Traffic Engineer.
6. That a landscape and irrigation plan shall be
prepared and implemented for the off -site parking
area in accordance with the requirements of the
Mariners' Mile Specific Area Plan, and shall be
permanently maintained. The landscape plan shall
be subject to the review of the Parks, Beaches,
and Recreation Department and the approval of the
Planning Department.
7. That employees of the restaurant use shall park in
the off -site parking lot at all times.
8. That any parking lot lighting shall be designed so
as to eliminate any light or glare upon
surrounding properties and West Coast Highway.
-4-
/3
COMMISSIONERS
October 29, 1981 MINUTES
D DRAFT
5 y City of Newport Beach
ROLL CALL INDEX
/W
9. That kitchen exhaust fans shall be designed to
control odors and smoke in accordance with Rule
401 of the Rules and Regulations of the South
Coast Air Quality Management District. In
addition, the kitchen hood system shall have an
automatic fire protection system installed.
10. That a washout area for trash containers shall be
provided in such a way as to allow direct drainage
into the sewer system and not into the storm
drains.
11. That grease interceptors shall be installed on all
fixtures where grease may be introduced into the
drainage systems in accordance with the provisions
of the Uniform Plumbing Code.
12. That an offsite parking agreement shall be ap-
proved by the City Council, guaranteeing that a
minimum of 18 parking spaces shall be provided on
a portion of Lot F, Tract no. 919 for the duration
of the restaurant facility Located at 2930 West
Coast Highway. The required number of parking
spaces may be reduced to 12 spaces when a portion
of the restaurant use is eliminated in conjunction
with the widening of West Coast Highway.
13. That all improvements be constructed as required
by Ordinance and the Public Works Department.
14. That the existing steps located within the public
right -of -way be ramped and approved by the Public
Works Department and that all work be completed
under an encroachment permit issued by the
California Department of Transportation.
15. That a standard use permit agreement and accom-
panying surety be provided in order to guarantee
satisfactory completion of the public improve-
ments, if it is desired to obtain occupancy or a
building permit prior to completion of the public
improvements.
16. That this approval shall be for a period of five
years. Any extension of said use permit shall be
approved by the Planning Commission and the
dedication of the lessee's interest to 12 feet of
right -of -way on West Coast Highway shall be
reviewed, and the removal of the steps in said
right -of -way shall be required.
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L - 30(P
RESOLUTION NO. 110 817
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 Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport
Beach.
ADOPTED this — day of NOV23 -, 1981.
Mayor
ATTEST:
ty. Clerk
11/23/81
pr
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