HomeMy Public PortalAboutAgreement_2013-05-29_Arion Investment LLC (Phoenix Restaurant_Parking ConcessionPARKING CONCESSION AGREEMENT
This Parking Concession Agreement ("Agreement") is hereby entered into by and
between the CITY OF TEMPLE CITY, a municipal corporation ("City"), and ARION
INVESTMENT LLC (TOM CHANG), ("Owner") on this 29r day of _May , 2013.
RECITALS
A. Owner owns that certain real property commonly identified as 9225 Las Tunas Drive,
Temple City, California, more particularly described and depicted in Exhibit "A" to this
Agreement (the "Property"),
B. Owner has applied to the City for a Conditional Use Permit to establish a restaurant on
the Property (the "Use"), but cannot provide the twenty-nine (29) off-street parking
spaces required by the City's Code for the Use.
C. Section 9290.5 authorizes the City to enter into a parking concession agreement with a
property owner to reduce the off-street parking requirement for a project provided that
certain criteria are satisfied. Reductions in excess of 25% of the required off-street
parking spaces are allowed only if the City determines the reduction is warranted under
the circumstances.
D. The City finds that the Use is highly desirable for the area in which the Property is
located, and that the Owner has agreed to make substantial modifications to the existing
building on the Property that will increase the amount of off-street parking available on
the Property from ten (10) spaces to thirteen (13) spaces. Despite these modifications,
the amount of off-street parking will still not be enough to meet the off-street parking
requirements for the Use in the City's Code.
E. The City finds that Owner should be granted a reduction in the off-street parking
requirements in excess of 25% because the most recent parking study conducted by the
City shows that parking is readily available in the area surrounding the Property even
during peak hours. Therefore, the City finds that it is appropriate to allow a reduction in
off-street parking requirements that is greater than 25%, and that the reduction will not
create a reasonably foreseeable adverse impact on traffic circulation, public safety or the
environment.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Agreement as follows:
1. OFF-STREET PARKI
NG REDUCTION.
City hereby grants Owner a reduction in the amount of required off-street parking for the
Use in the amount of sixteen (1� spaces. Owner shall provide thirteen (13) off-street
parking spaces on the Property.
2. OFF-STREET PARKING IMPACT MITIGATION FEE.
Owner agrees to pay to City a one-time fee of ten thousand dollars ($10,000) to mitigate
the impacts of the reduced off-street parking on the Property, which shall be paid prior to
the issuance of a business license for the Use.
3. REQUIRED IMPROVEMENTS.
Owner agrees to construct bike racks on the Property to accommodate at least twelve (12)
bicycles.
4. DEVELOPMENT IN ACCORDANCE WITH PLANS.
The off-street parking space and bike racks on the Property shall be developed in
accordance with the approved plans for the Use date stamped December 5, 2012, except
as modified by Conditional Use Permit 12-1823,
5. GENERAL PROVISIONS.
5.1 Integration. This Agreement consists of pages 1 through 3 and attached Exhibit
"A" inclusive, which constitute the entire understanding and agreement of the
parties and supersedes all negotiations or previous agreements between the parties
with respect to all or any part of the transaction discussed in this Agreement.
5.2 Effective Date. This Agreement shall not become effective until the date it has
been executed by Owner and formally approved by the City Council and executed
by the City Manager.
5.3 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to the
Agreement on the date and year first written above.
[SIGNATURES ON FOLLOWIN
G PAGE]
LA #480.5-898-3955 vl -2-
ATTEST:.
PeggTKQo.LCi Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
CITY OF TEMPLE CITY
By
Jose Puy Manager
OWNER:
ARION INVESTMENT LLC (TOM CHANG)
LA #4845-3898-3955 vl -3-
EXHIBIT "A"
LEGAL DESCRIPTION AND MAP
Real property n the City of Temple City, County of Los Angeles, State of California, described
as follows:
Lot 374 of Tract 6561, City of Temple City, County of Los Angeles, State of California, as per
Map recorded in book 72, Pages 34 and 35 of Maps, in the office of the County Recorder of Said
County,
APN No. 8587-001-010
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