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Home My WebLink About2.0_Malibu Farm Lido Minor Use Permit_PA2017-190CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT r� = December 7, 2017 C'9CF00.N% Agenda Item No. 2 SUBJECT: Malibu Farm Lido Minor Use Permit (PA2017-190) SITE LOCATION: 3416 Via Oporto, Suite 106 and 3420 Via Oporto, Suite 101 • Minor Use Permit No. UP2017-026 APPLICANT: Malibu Farm Lido OWNER: Lido Group Retail, LLC PLANNER: Chelsea Crager, Assistant Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY A minor use permit to operate a 2,795 -square -foot food service, eating and drinking establishment with a Type 47 (On -Sale General and Wine) Alcoholic Beverage Control (ABC) license. The establishment will include 1,130 square feet of interior net public area, an 866 -square -foot outdoor dining area, and a 624 -square -foot take-out only ice cream shop. There are no late hours (after 11 p.m.) proposed. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. 2072 approving Minor Use Permit No. UP2017-026 (Attachment No. PC 1). 1 9 Malibu Farm Lido Minor Use Permit Planning Commission, December 7, 2017 Page 2 LOCATION VICINITY MAP ZONING CURRENT USE ON-SITE MU -W2 (Mixed -Use Water Related) MU -W2 (Mixed -Use Water Related Vacant Commercial NORTH MU -W2 (Mixed -Use Water Related) MU -W2 (Mixed -Use Water Related Commercial uses, bookstore SOUTH MU -W2 (Mixed -Use Water Related) MU -W2 (Mixed -Use Water Related Commercial uses, florist EAST MU -W1 (Mixed -Use Water Related MU -W1 (Mixed -Use Water Related Commercial uses WEST MU -W2 (Mixed -Use Water Related MU -W2 (Mixed -Use Water Related Commercial uses, retail J r6 #e ti •.. xis A�•• - . 8 4 yA •` 7 t GENERAL PLAN ZONING yyIl ' MJ `HM1 M�J(1 °We Myr F� Mryy i 9 � FJv F,v 'a 9v LOCATION GENERALPLANj ZONING CURRENT USE ON-SITE MU -W2 (Mixed -Use Water Related) MU -W2 (Mixed -Use Water Related Vacant Commercial NORTH MU -W2 (Mixed -Use Water Related) MU -W2 (Mixed -Use Water Related Commercial uses, bookstore SOUTH MU -W2 (Mixed -Use Water Related) MU -W2 (Mixed -Use Water Related Commercial uses, florist EAST MU -W1 (Mixed -Use Water Related MU -W1 (Mixed -Use Water Related Commercial uses WEST MU -W2 (Mixed -Use Water Related MU -W2 (Mixed -Use Water Related Commercial uses, retail 3 Malibu Farm Lido Minor Use Permit Planning Commission, December 7, 2017 Page 3 Project Setting The proposed restaurant is located on the east side of Via Oporto within Lido Marina Village. Lido Marina Village is a commercial development that includes a mix of retail, service, office, and restaurant uses. The tenant space is currently vacant and was previously occupied by George's Camelot Restaurant. Parking is provided in a nearby parking structure located at 3434 Via Lido. Project Description The proposed project is a minor use permit to operate a 2,795 -square -foot food service, eating and drinking establishment with a Type 47 (On -Sale General) Alcoholic Beverage Control (ABC) license (beer, wine, and distilled spirits). The establishment will include 1,130 square feet of interior net public area with 65 seats, an 866 -square -foot outdoor dining area with 43 seats, and a 624 -square -foot take-out only ice cream shop. Proposed hours of operation are Monday through Thursday, 9 a.m. to 10 p.m.; and Friday through Sunday, 9 a.m. to 11 p.m. The proposed operation is further described in the applicant's project description (Attachment No. PC 2) and shown in the submitted plans (Attachment No. PC 5). There are no late hours (after 11 p.m.), live entertainment, or dancing proposed as a part of this application. Background On April 19, 1979, the Planning Commission approved Use Permit No. UP1905 to operate a restaurant facility with a Type 41 (On -sale Beer and Wine) ABC license in the subject tenant space. On September 24, 1981 the Planning Commission approved the addition of outdoor seating, and on October 7, 1993, the Planning Commission approved an expansion of the interior net public area. The project did not include live entertainment or dancing. On December 18, 2014, the Planning Commission approved Use Permit No. UP2014- 014 (PA2014-002), authorizing a comprehensive Parking Management Program for Lido Marina Village. The Parking Management Program applies to approximately 112,029 square feet of commercial floor area under the common ownership of DJM Capital Partners, including several restaurants. On October 19, 2017, the Planning Commission approved an amended Conditional Use Permit (UP2017-019) authorizing changes to the Parking Management Plan including additional off-site patron parking and changes to the off-site employee parking shuttle 0 Malibu Farm Lido Minor Use Permit Planning Commission, December 7, 2017 Page 4 service. Electra Cruises, a tenant within Lido Marina Village, has filed an appeal of the Planning Commission's approval of UP2017-019 to the City Council suggesting implementation of the revised Parking Management Plan has limited availability of parking in the parking structure. The appeal has not yet been heard or decided. DISCUSSION General Plan/Coastal Land Use Plan/Zoning Code The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code designate the properties within Lido Marina Village as Mixed -Use Water Related (MU -W2 and MU -W per CLUP). Permitted uses include commercial development on or near the bay in a manner that will encourage the continuation of coastal -dependent and coastal -related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor -serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. The project would allow for reuse of the previous restaurant and expansion into an adjacent commercial space with the ice cream shop, therefore maintaining the character of the district. A restaurant with no late hours is consistent with the land use designation and zoning district with the approval of a minor use permit. Parking UP2014-014 establishes limits on eating and drinking establishments. With the addition of the proposed restaurant, the maximum allowed area devoted to eating and drinking establishments will not be exceeded. Therefore, adequate parking is provided with the implementation of the Parking Management Plan approved with UP2014-014 including 100 employee parking spaces at Hoag Health Center with a shuttle Use Permit No. UP2017-019 authorized changes to the Parking Management Plan, including additional off-site patron parking and changes to the off-site employee parking shuttle service. The approval was appealed to the City Council. Although the appeal has not yet been heard or decided, approval of UP2017-019 requires 100 employee spaces at Hoag Health Center with a shuttle. With the shuttle operating when parking demands require it (principally Fridays and Saturdays), occupancy rates for the parking structure will drop to address the appellant's concerns and provide parking for the uses within Lido Marina Village and proposed restaurant. Outdoor Dining The requested outdoor dining patio hours (Monday through Thursday, 9 a.m. to 10 p.m., and Friday through Sunday, 9 a.m. to 11 p.m.) are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for "a pedestrian -oriented village environment that reflects its waterfront location, 5 Malibu Farm Lido Minor Use Permit Planning Commission, December 7, 2017 Page 5 providing a mix of uses that serves visitors and local residents." The proposed outdoor dining patios provide an additional amenity for coastal visitors to enjoy the harbor frontage. The patio is 866 square feet with 43 seats. The 6 -foot pedestrian easement along the harbor frontage will remain unobstructed. Alcohol Sales Finding The applicant has requested approval of alcohol service (Type 47 ABC license). In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the Planning Commission must find that: 1. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Municipal Code. The purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Zoning Code is to maintain a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. The project has been reviewed and conditioned to ensure that the purpose and intent of this section is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service will be provided for the convenience of customers of the restaurant. The Police Department has prepared an Alcohol Related Statistics report for the project site (Attachment No. PC 3). The data from the Alcohol Related Statistics Report is incorporated into the factors for consideration in the Resolution for Approval (Attachment No. PC 1). Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. Conditional Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; V Malibu Farm Lido Minor Use Permit Planning Commission, December 7, 2017 Page 6 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The operation is defined as a Food Service and is consistent with the purpose and intent of MU -W2 (Mixed -Use Water Related) General Plan land use designation and Zoning District. The MU -W2 designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. Food Service uses are be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses through compliance with the proposed conditions of approval. Alternatives 1. The Planning Commission may suggest specific project modification or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 4). Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, Califomia Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the interior alteration of an existing commercial building. Therefore, the project qualifies for a categorical exemption under Class 1. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days 7 Malibu Farm Lido Minor Use Permit Planning Commission, December 7, 2017 Page 7 before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Chelsea Crager, As�tant Planner Chelsea Crager ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft Resolution with Findings and Conditions PC 2 Project Description PC 3 Police Department Memorandum PC 4 Draft Resolution for Denial PC 5 Project Plans osizvn Ii Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 ID RESOLUTION NO. 2072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2017-026 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON -SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND OUTDOOR DINING WITH NO LATE HOURS LOCATED AT 3416 VIA OPORTO SUITE 106 AND 3420 VIA OPORTO SUITE 101 (PA2017-190) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Malibu Farm Lido ("Applicant'), with respect to property located at 3416 and 3420 Via Oporto, and legally described as Parcel 1 of Parcel Map 59-17 ('Property"), requesting approval of a minor use permit. 2. Applicant proposes a minor use permit to operate a 2,795 -square -foot food service, eating and drinking establishment with a Type 47 (On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license. The establishment will include 1,130 square feet of interior net public area, an 866 -square -foot outdoor dining area, and a 624 -square -foot take-out only ice cream shop. There are no late hours. 3. The Property is located within the Mixed Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU -W2). 4. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU -W) and it is located within the Mixed Use Water Related (MU -W2) Coastal Zoning District. The project is exempt from coastal development permitting requirements because there is no increase in floor area or building height proposed. 5. A public hearing was held on December 7, 2017 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 11 Planning Commission Resolution No. 2072 Paqe 2 of 14 2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the interior alteration of an existing commercial building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the proposed use is consistent with NBMC Section 20.48.030, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The subject property is located in Reporting District 15 (RD 15). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 15 was 288 crimes reported in 2016, which is higher than adjacent reporting districts RD 25, RD 16, and RD 13 and the Citywide average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses. While the area does have a high concentration of alcohol licenses, the findings can be made despite higher concentrations of crimes and Lido Marina Village was designed to accommodate restaurants. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The Police Department has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 47 alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan and a closing hour of 11 p.m. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Tmplt: 04/14/10 12 Planning Commission Resolution No. 2072 Paqe 3 of 14 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 15 is higher than RD 13, RD 16 and 25. The subject property has two calls for service. The Police Department has reviewed the proposal and has no objection. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The subject property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no current plans to add residential use to the shopping area. 2. The nearest place of recreation, the beach, is located approximately one half mile to the west. The nearest church, St. James Episcopal Church, is located approximately 500 feet to the south of the subject property along Via Lido and it is not currently operating. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. 4. Eating and drinking establishments with alcohol service are common in Lido Marina Village and the proposed ABC license in conjunction with an early closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The Lido Marina Village was designed to accommodate multiple restaurants and the proposed restaurant is expected to be located in close proximity to other food service establishments. This includes recently approved applications for Nobu, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol license located at 3450 Via Oporto; Circle Hook, a food service with outdoor dining, a Type 41 (On Sale Beer and Wine) alcohol license and no late hours located at 3432 Via Oporto; and Lido Bottle Works, a food service with late hours, outdoor dinner, a Type 41 alcohol license, and a Type 20 (Off Sale Beer and Wine) alcohol license. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. Tmplt: 04/14/10 13 Planning Commission Resolution No. 2072 Page 4 of 14 2. The per capita ratio of one license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the license -to - resident ratio is higher than average and the proposed restaurant is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial area, together with the proposed operational characteristics would make the service of alcoholic beverages acceptable. The Police Department does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the site. 2. The project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 10 p.m., Monday through Thursday; and by 11 p.m., Friday through Sunday; which will ensure the use does not become a late night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to receive ABC -required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training. Finding B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The MU -W2 (Mixed -Use Water Related) General Plan and Coastal Land Use Plan land use designations apply to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. Although the Property and surrounding development does not include residential uses, the proposed eating and drinking establishment is Tmplt: 04/14/10 7 Planning Commission Resolution No. 2072 Paqe 5 of 14 consistent with the visitor -serving land uses intended for the MU -W2 (Mixed -Use Water Related) land used designation. 2. The requested outdoor dining patio is compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for a "pedestrian -oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents." The proposed outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage. 3. The Circulation Element Goal 7.1 (Parking) is to ensure an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Use Permit No. UP2014-014) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 4. Pursuant to Coastal Land Use policies the project will provide public access via a public walkway along the waterfront with a 6 -foot minimum width along the bay. 5. The Property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Fact in Support of Finding 1. The MU -W2 (Mixed Use Water Related) Zoning District applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments with alcohol and no late hours require the approval of a minor use permit within the MU -W2 (Mixed -Use Water Related) Zoning District. 2. NBMC Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 11 p.m. will minimize noise impacts to residents located across Newport Harbor. 3. The proposed use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Use Permit No. UP2014-014. 4. As conditioned, the proposed project will comply with NBMC standards for eating and drinking establishments. 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing tenant space will support local establishments within Lido Marina Village and improve the pedestrian streetscape. Tmplt: 04/14/10 15 Planning Commission Resolution No. 2072 Page 6 of 14 Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding 1. The commercial spaces are being improved with a kitchen, dining area, outdoor dining area, and ice cream shop. Restrooms for the two suites will be shared. The existing infrastructure is adequate to accommodate the eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a key restaurant anchor within Lido Marina Village. The eating and drinking establishment also serves as an important visitor -serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 2. The Property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the Property but adequate parking is provided in the Lido Marina Village parking structure and adjacent street as authorized under the approved Parking Management Program for Lido Marina Village (Use Permit No. UP2014-014). 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. Applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General for Bona Fide Public Eating Place) alcohol license so that the restaurant's primary use is an eating and drinking establishment and not a bar, lounge, or night club. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to NBMC Section 20.30.070 (Outdoor Lighting). Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. The project site is located within an existing commercial building. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access from Via Oporto and Central Avenue from Via Lido, public services, and utilities are provided for on-site. Tmplt: 04/14/10 10 Planning Commission Resolution No. 2072 Paqe 7 of 14 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The tenant improvements to the existing commercial building should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Turning music on the patio off at 10 p.m. will ensure the restaurant will remain in compliance with NBMC Chapter 10.26 (Community Noise Control). 3. The hours of operation reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the restaurant facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. [.9x��U]i•[�Ux�l[.9NP►1 NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-026, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with a Type 47 (On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license and outdoor dining with no late hours located at 3416 Via Oporto Suite 106 and 3420 Via Oporto Suite 101. 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Newport Beach Municipal Code Title 20 Planning and Zoning. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF DECEMBER, 2017. Tmplt: 04/14/10 27 AYES: NOES: ABSTAIN: ABSENT: BY: w Peter Koetting, Chairman Erik Weigand, Secretary Planning Commission Resolution No. 2072 Paqe 8 of 14 Tm plt 04/14/10 12 Planning Commission Resolution No. 2072 Paqe 9 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 3. Minor Use Permit No. UP2017-026 shall expire if not exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 4. This Minor Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 7. All exits shall remain free of obstructions and available for ingress and egress at all times. 8. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 10. A copy of Resolution No. 2072, including conditions of approval Exhibit "A", shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. Tmplt: 04/14/10 29 Planning Commission Resolution No. 2072 Paqe 10 of 14 11. Prior to the issuance of building permits, Applicant shall submit to the Planning Division an additional copy of the approval architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced to size 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. The hours of operation for the restaurant (interior and exterior) shall be limited to Monday through Thursday, 9 a.m. to 10 p.m., and Friday through Sunday, 9 a.m. to 110 P.M. 13. The "net public area" shall not exceed 1,130 square feet for the interior of the subject restaurant facility. 14. The outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining area shall be limited to 866 square feet in area. 15. The height of the boundary wall of the outdoor dining area shall be marked on the approved plans. Fences, walls, or similar boundaries shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 16. There shall be no dancing allowed on the premises. 17. Live entertainment shall not be permitted unless an amendment to this use permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 18. The installation of roof coverings shall not have the effect of creating a permanent enclosure of the outdoor dining area. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this use permit. 19. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provision of NBMC Section 20.42. 20. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 21. All lighting shall conform with the standards of NBMC Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Tmplt: 04/14/10 20 Planning Commission Resolution No. 2072 Page 11 of 14 22. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: 23. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 24. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10 p.m. daily. Sound shall adhere to NBMC Chapter 10.26. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 26. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of NBMC Title 14, including all future amendments (including Water Quality related requirements). 27. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Tmplt: 04/14/10 21 Between the hours of 7 a.m. and 10 P.M. Between the hours of 10 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 23. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 24. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10 p.m. daily. Sound shall adhere to NBMC Chapter 10.26. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 26. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of NBMC Title 14, including all future amendments (including Water Quality related requirements). 27. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Tmplt: 04/14/10 21 Planning Commission Resolution No. 2072 Paqe 12 of 14 28. Storage outside of the building in the front or at the rear of the Property shall be prohibited, with the exception of the trash container on pick-up days. 29. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Malibu Farm Lido Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-026 (PA2017-190). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. FIRE 30. A hood fire suppression system will be required for cooking operations that produce grease -laden vapors. PUBLIC WORKS DEPARTMENT 31. The 6 -foot pedestrian easement shall remain open and clear of any obstructions. POLICE DEPARTMENT 32. All customers must vacate the establishment 30 minutes after closing. 33. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage licensed issued by the California Board of Alcoholic Beverage Control shall be Type 47 (On -Sale General for Bona Fide Public Eating Place) license, in conjunction with the restaurant as the principal use of the restaurant facility. 34. All owners, managers, and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 35. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 36. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. Tmplt: 04/14/10 22 Planning Commission Resolution No. 2072 Paqe 13 of 14 37. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 38. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 39. No off -sales of alcohol shall be permitted. 40. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the sale period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 41. There shall be no exterior advertising or signs of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 42. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 43. Any event or activity staged by an outside promotor or entity, where Applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promotor or any other person based upon money collected as a door charge, cover charge or any other dorm of admission charge is prohibited. 44. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 45. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 46. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 47. Strict adherence to maximum occupancy limits is required. Tmplt: 04/14/10 23 Planning Commission Resolution No. 2072 Paqe 14 of 14 48. Applicant shall maintain a security recording system with a 30 -day retention and make those recordings available to police upon request. 49. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Tmplt: 04/14/10 7 Attachment No. PC 2 Project Description 25 2a PA2017-190 RAND KRUSE A R C H IT E C T II RF AND IDT FH 10 HS '3404Via Oparto 5uite201 Newport Beach California 92663 T: 949 500 9416 PROJECT DESCRIPTION FOR MALIBU FARM Project Address: 3408 Via Oporto, Suite 103, Newport Beach, CA 92663 The proposed project consists of the tenant improvement of two existing 151 floor suites in existing two story commercial buildings, into an indoor/outdoor boutique restaurant and bar. The project also encompasses a coffee and ice cream take-out space in the adjacent building. Dedicated restrooms will be constructed as well. Helene Henderson started Malibu Farm with wildly popular cooking classes and farm dinners out of her small farm in Malibu, California. It then became a 6 month pop up in an abandoned Ruby's at the end of the moribund Malibu Pier and single-handedly transformed the neglected Pier into the thriving destination it is today. After, two years with just the cafe, Malibu Farm also took over the front Restaurant & Bar on the Pier. Malibu Farm currently has locations in Malibu, Lanai, and Miami Beach with a future location set to open next summer in Rick Caruso's new beachfront. Rosewood hotel in Montecito. All our locations are waterfront, as locale and setting are very important to Malibu Farm which is one of the many reasons why the Newport location is such a good fit. Malibu Farm's mantra is Fresh/Organic/Local and in all the locations, included the proposed Newport location all efforts will be made to source local, fresh, organic product which will be prepared simply, with whole wheat flours, whole grains, lots of veggies, and fruits. I grew up fishing in Northern Sweden, so I love seafood. But let's not deplete our treasures from the sea! Our portions are small, and we work hard to offer sustainable seafood only. Malibu Farm is a casual, family friendly, restaurant that welcomes everyone, from the beachgoers in board shorts and flip-flops to brides having their rehearsal dinners. The proposed project will add to the existing/approved mix of restaurants in the Lido Marina Village development, by adding a casual dining experience with innovative offerings. Site Information Proposed CUP Tabulations Restaurant: 2,171 sq. ft. (indoor seating) 866 sq ft (outdoor seating) Total: 3,037 sq. ft. Coffee/Ice Cream/Take-out Component: 322 sq. ft. Dedicated Restrooms: 308 sq. ft. Landscaping: Refer to approved CUP UP2014-014 (PA2014-002) No site work improvement under Malibu Farm's scope of work Paving: Refer to approved CUP UP2014-014 (PA2014-002 No site work improvement under Malibu Farm's scope of work 27 PA2017-190 RAND KRUSE A R C H I T E C T D PE AFD IHT E BI BBB 3404Via Oparto Sulte201 Newport Beach California 92663 T:9495009416 Parking Refer to approved CUP UP2014-014 (PA2014-002 No site work improvement under Malibu Farm's scope of work Operations. Food and Beverage Hours of operation to serve breakfast, lunch and dinner (see attached menus): Monday - Thursday: 9am - 10pm Friday - Sunday: 9am - 11 pm Note: No difference in operating hours between exterior and interior dining. The restaurant will provide the following beverage items: Alcohol License type: Food to Alcohol sales ratio: Employees per shift: Seating Capacity (see attached Furniture Plan): TOTAL: Net Public Area: Grease Interceptor: Entertainment Sample Menu Soft Drinks Coffee/Tea Beer Wine Liquor/Spirits 47 70% Food & Non -Alcoholic Beverages / 30% Alcohol 15 65 Indoor 43 Outdoor 108 1,130 sq.ft.lndoor 866 sq.ft. Outdoor Below ground Trapzilla located in the exterior breezeway. The operator is proposing to play ambient/background amplified music through a series of indoor and outdoor speakers. Any outdoor speakers will positioned in away to contain the music within the project area. The noise level will be maintained between 60db and the ambient noise level, per Chapter 10.26 of the Newport Beach Municipal Code. No dancing is proposed as part of the restaurant operations 22 PA2017-190 Combined Menu Malibu Farre Restaurant & Malibu Farm Cafe breakFast smakca v:-,. bacon - si ALIS , � FARM FRESH. ORSOIC. LUAL. PA2017-190 lunch salads ra:.bri I --SD 5-iiaJ - bit kale cac5dr 14 srcek salad 74 b�"rata I•ult s,lac 1_ 2r, -=ed chicken -ortil a salad ed sa nc-, kale r• ro,Sc ';a al 25 blac< crril sf r,rlp Ic is:_= 3? 3o PA2017-190 starters 14 rntfl CLI lu taCs `.f yellow - alb l 31 PA2017-190 sandwhtches a 32 PA2017-190 lunch -plates 33 PA2017-190 dinner plates "-7 Attachment No. PC 3 Police Department Memorandum 15 3a M NEWPORT BEACH POLICE DEPARTMENT i. MEMORANDUMDETECTIVE DIVISION TO: Chelsea Crager, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: November 1, 2017 SUBJECT: Malibu Farm Lido 3416 Via Oporto Suite 106 and 3420 Via Oporto Suite 101 Use Permit No. 2017-026 (PA2017-190) At your request, the Police Department has reviewed the project application for Malibu Farm, located at 3416 Via Oporto Suite 106 and 3420 Via Oporto Suite 101, Newport Beach. Per the project description, the applicant is seeking a Minor Use Permit to allow a 1,130 -square foot food service restaurant with a Type 47 (on -sale general eating establishment) Alcoholic Beverage Control License and an 866 -square foot outdoor dining patio. No late night hours or live entertainment are proposed therefore an Operator License will not be required for this establishment. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 47 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's current place of business at 3432 Via Oporto. The summary report shows two calls for service, but neither call was directly related to the applicant or the proposed suites. 3� Malibu Farm UP2017-026 Crime Statistics The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 37th Street to 20th Street. RD 15 is our highest crime area in Newport Beach with significant quality -of -life concerns for the residents, as well as the Police Department. This location meets the legal criteria for undue concentration (t3&P §23958.4). Alcohol License Statistics The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 5,726 residents with 83 active, alcohol licenses and 73 licensed establishments. That is a per capita ratio of 1 license for every 69 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 477 residents. This location meets the legal criteria for undue concentration (8&P §23958.4). Discussion and Recommendations The above statistical information is provided for educational reference and perspective. The Police Department is routinely concerned when new alcohol licenses are added within the City's over concentrated areas. However, given this restaurant has no late hours, the Police Department has no objection to the application if the following conditions are imposed. RECOMMENDED CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. All customers must vacate the establishment 30 minutes after closing. 2. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (on -sale general eating establishment) license, in conjunction with the restaurant as the principal use of the facility. 3. All owners, managers and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 4. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 2 SR Malibu Farm U P2017-026 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 7. There shall be no reduced price alcoholic beverage promotions after 9pm. 8. No off -sales of alcohol shall be permitted. 9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 10. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 11. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 12. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 13. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 14. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 15. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The 3 3J° Malibu Farm UP2017-026 establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 16. Strict adherence to maximum occupancy limits is required. 17. The applicant shall maintain a security recording system with a 30 -day retention and make those recording available to police upon request. 18. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigdtctr Wendy Joe at (949)644-3705 or wjoe@nbpd.org. We Police Civilian Investigator, Special Investigations Unit Jeff Brouwer Deputy Chief 4 40 N � V Z H W H CLOLLI LU N LU Q J V � 00 a 0 U Q Q WLu C �Q a W V Z 5 N i/ 2 O u N v- to - m t 0 0 � ry N p m rl f-1 0 1� o A t r r t u 6 E3 E ] O O eaE O j E 0 0 o v a / i' U V V • . w w ¢ o _ y a 0 1 p 2 0 EG OG 1 • C C C Q Q •� /, 1 � a N 1 ^ m E J N v- to - m 0 w� q i s a " a' w w w J C • • ma•• au 0 A t r r t u 6 E3 E ] O ZE O eaE O j E f0 LL (0 }L W' IL t L a ¢ o _ y � a N ^ m E + + s a a i t a� N 3 �a `c c ry } + o u o •`oti a hoe E m E w � t 5 w O Q Z � O o n m l0 rn N n l0 e 01 1^ � N 1p W ,D sf t0 g u � a a q i O O y y O 0 w� q i s a " a' w w w J C • • ma•• au 42 Attachment No. PC 4 Draft Resolution for Denial 4-21 RESOLUTION NO. 2072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING MINOR USE PERMIT NO. UP2017-026 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON -SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND OUTDOOR DINING WITH NO LATE HOURS LOCATED AT 3416 VIA OPORTO SUITE 106 AND 3420 VIA OPORTO SUITE 101 (PA2017-190) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Malibu Farm Lido ("Applicant'), with respect to property located at 3416 and 3420 Via Oporto, and legally described as Parcel 1 of Parcel Map 59-17 ('Property"), requesting approval of a minor use permit. 2. Applicant proposes a minor use permit to operate a 2,795 -square -foot food service, eating and drinking establishment with a Type 47 (On -Sale General) Alcoholic Beverage Control (ABC) license. The establishment will include 1,130 square feet of interior net public area, an 866 -square -foot outdoor dining area, and a 624 -square -foot take-out only ice cream shop. There are no late hours. 3. The Property is located within the Mixed Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU -W2). 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU -W) and it is located within the Mixed Use Water Related (MU -W2) Coastal Zoning District. The project is exempt from coastal development permitting requirements because there is no increase in floor area or building height proposed. 5. A public hearing was held on December 7, 2017 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. &JIM Planning Commission Resolution No. 2072 Paqe 2 of 2 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit for an alcohol sales establishment only after making each of the six required findings set forth in NBMC Section 20.52.020(F) (Conditional Use Permit and Minor Use Permits) and NBMC Section 20.48.030(C)(3) (Alcohol Sales). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the restaurant with alcohol service is inconsistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the use is not compatible with allowed uses in the vicinity. 2. Applicant's request may increase alcohol-related crimes and calls for service and negatively impact police -related response. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit Application No. UP2017-026. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Newport Beach Municipal Code Title 20 Planning and Zoning. PASSED, APPROVED AND ADOPTED THIS 7T" DAY OF DECEMBER, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Peter Koetting, Chairman IWa Erik Weigand, Secretary Tmplt: 04/14/10 40 Attachment No. PC 5 Project Plans 47 42 PA2017-190 1. GENERAL CONTRACTOR (G.C) TO VERIFY AND REVIEW ALL JOB CONDITIONS, DIMENSIONS AND DETAILS PRIOR TO BIDDING, PRICING AND CONSTHUCTION TO DETERMINE WHICH NOTES APPLY DIRECTLY TO HIS RESPONSIBILITY, G.C. TO MAKE NOTE OF AND SUBMIT IN WRITTEN FORM TO PD&C, INC. dba RAND KRUSE ANY DAMAGES OR DEFICIENCIES ON PREMISES AND ANY CONFLICTS AND DISCREPANCIES REGARDING DIMENSIONS, NOTES OR SPECIFICATIONS. 2. ALL WORK SHOWN OR IMPLIED, UNLESS SPECIFICALLY QUESTIONED, SHALL BE CONSIDERED FULLY UNDERSTOOD IN ALL RESPECTS BY THE GENERAL CONTRACTOR AND WILL BE SOLELY RESPONSIBLE FOR ANY MISINTERPRETATIONS OR CONSEQUENCES THEREOF FOR ALL WORK ON DRAWINGS. 3. DRAWINGS ARE NOT TO BE SCALED. DIMENSIONS GOVERN, LARGE SCALE DRAWINGS GOVERN OVER SMALL SCALE DRAWINGS. CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS 0 JOB SITE PRIOR TO START OF CONSTRUCTION. IF DISCREPANCIES ARE FOUND, PD&C, INC. dba RAND KRUSE SHALL BE NOTIFIED FOR CLARIFICATION. 4, ALL DRAWINGS AND NOTES ARE COMPLEMENTARY TO ANY WORK SHOWN OR REFERENCED TO ON ANY ONE DRAWING SHALL BE PROVIDED AS THOUGH SHOWN ON ALL REIATED DRAWINGS. 5. GENERAL CONTRACTOR SHALL COMPLY WITH ALL RULES AND REGULATIONS OF BUILDING MANAGEMENT IN ALL RESPECTS. D IS THE G.C. RESPONSIBILITY TO OBTAIN SUCH REGULATIONS FROM THE BUILDING OWNER AND PROVIDE EOR REVIEW BY ALL SURFACES. G.C. TO NOTIFY PD&C, INC. dba RAND KRUSE OF ANY CONFLICT BETWEEN REGULATIONS AND OTHER CONTRACTUAL DOCUMENTS, PHIOR TO PROCEEDING WITH ANY OTHER WORK. 6. ALL WORK TO BE PERFORMED IN OCCUPIED AREAS OR IN OTHER TENANT SPACES SHALL BE PERFORMED ON OVERTIME, AS REQUIRED, AND BY BUILDING RULES AND REGULATIONS. 7. GENERAL CONTRACTORS SHALL BE RESPONSIBLE FOR COORDINATION OF ALL WORK REQUIRED TO MAKE ALL PARTS COME TOGETHER PROPERLY AND FIT TO RECEIVE OR BE RECEIVED BY WORK OF OTHER CONTRACTORS IMPLIED BY DRAWING OR NOTES. B. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR USE, SCHEDULING AND FEES INCURRED BY HOISTING FACILITIES/ELEVATORS. 9. All WORK IS TO CONFORM TO PD&C, INC. dba RAND KRUSE DRAWINGS AND SPECIFICATIONS AND SHALL BE NEW AND OF THE BEST QUALITY OF KINDS SPECIFIED. ALL MANUFACTURED ARTICLES TO BE INSTALLED, CONNECTED AND CONDITIONED AS DIRECTED BY MANUFACTURER. ALL WORK TO BE PERFORMED IN A GOOD WORKMANSHIP MANNER. 10. ALL SUBCONTRACTORS SHALL BE RESPONSIBLE FOR REVIEWING ENTIRE SET OF DRAWINGS AND NOTING THEIR WORK AS APPLICABLE ALL SHOP DRAWINGS SHALL BE SUBMITTED TO PD&C, INC. dba RAND KRUSE FOR APPROVALTHROUGH G.C. PRIOR TO COMMENCEMENT OF ANY WORK 11, GENERAL CONTRACTOR TO BE SOLELY RESPONSIBLE FOR REMOVAL, REPLACEMENT AND RECTIFICATION OF ALL DAMAGED AND DEFECTIVE MATERIAL AND/OR WORKMANSHIP IN CONNECTION WITH THE CONTRACT WORK ANY COSTS CAUSED BY DEFECTIVE OR ILL-TIMED WORK POOR WORKMANSHIP, MATERIALS, POOR SCHEDULING OR DELINQUENT ORDERING SHALL BE BORNE BY THE GENERAL CONTRACTOR. 12. DURING THE ENTIRE PERIOD Of DEMOLITION AND CONSTRUCTION ALL REQUIHED EXITS SHALL BE MAINTAINED. EXIT LIGHTING AND FIRE PROTECTIVE SERVISES SHALL BE PROPERLY MAINTAINED. ALL WAYS OF TRAVEL FROM EXITS TO THE STREEI SHALL BE MAINTAINED FREE FROM ALL OBSTRUCTIONS. 13, GENERAL CONTRACTOR SHAH PROPERLY PROTECT THE BUILDING AND ANY OTHER ADJOINING PROPERTY OR WORK AND PROTECT ALL EXISTING SURFACED OR FINISHED TO REMAIN DURING DEMOLITION AND CONSTRUCTION, ANY DAMAGE TO THE SAME SHALL BE REPAIRED BY G.C. AT HIS EXPENSE TO "LIKE NEW" CONDITION. 14. GENERAL CONTRACTOR SHALL VERIFY ALLOWED WORKING HOURS FOR ALL WOHK DONE TO THE CORE (INCLUDING DIALLING, PATCHING, AND ELECTRICAL HOOKUPS) AND IS RESPONSIBLE FOR ALL WORK NECESSARY TO COMPLETE WORK TO THE CORE AND IN NON -LEASE SPACE. 15. GENERAL CONTRACTOR IS RESPONSIBLE TO CLEAN UP AND REMOVE ALL WASTE MATERIALS FROM PREMISES AS GENERATED BY CONSTRUCTION DEMOLITION, WOODWORK AND ALL TRADES EMPLOYED BY CONTRACTUAL WORK, 16. ALL WORK NOTED N.I.C. OR `BY TENANT" IS TO BE ACCOMPLISHED BY PERSONS OTHER THAN G.C. AND IS NOT PART OF CONSTHUCTION AGREEMENT. ENERAL NOTES 17. GENERAL CONTRACTOR SHALL SECURE AND PAY FOR ALL REQUIRED PERMITS FROM BUILDING DEPARTMENT AND FORWARD COPIES TO PD&C, INC. dba RAND KRUSE. 18. GENERAL CONTRACTOR TO PROVIDE CONSTRUCTION SCHEDULE BY THE START OF CONSTRUCTION AND A LIST OF A LONG LEAD ITEMS BY THE END OF THE FIRST WEEK OF CONSTRUCTION. 19. GENERAL CONTRACTOR TO SUBMIT IN WRITING ALL CHANGE ORDERS FOR ADDITIONAL WORK TO OWNER FOR REVIEW AND APPROVAL. NO WORK IS TO PROCEED UNTIL A SIGNED PROPOSAL IS RETURNED TO G.C. UNLESS OTHEWISE NOTED, ALL CHANGES IN THIS FIELD SHALL BE SIGNED BY THE CLIENT OR AUTHORIZED REPRESENTATIVE 20, UPON COMPLETION OF THE WORK THE G.C. SHALL SUBMIT TO OWNER: A. COPY OF INSPECTIONS AND FINAL SIGN -OFF, B. CERTIFICATE OF SUBSTANTIAL COMPLETION (AIA DOCUMENT #G704). C. COPY OF PERMIT CARD, D. BUILDING DEPARTMENT APPROVED DRAWINGS. E WARRANTIES FOR SPECIFIED MATERIALS. F. RECORD/AS-BUILT DOCUMENTS. 21. ALL WORK SHALL COMPLY WITH THE REGULATIONS OF THE GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. THE SPECIFICATIONS SHALL BE SUPPLEMENTAL TO ALL LAWS AND CODES OF GOVERNMENTAL REGULATING BODIES RELATING TO BUILDINGS, AND ALL APPLICABLE REQUIREMENTS SPECIFIED IN THESE REGULATIONS SHALL BE FOLLOWED AS THOUGH SPECIFICALLY NOTED BY SUCH CODES AS LAWS. IT IS THE G.C. RESPONSIBILITY TO NOTIFY PD&C, INC. dba RAND KRUSE OFANY CONFLICTS BETWEEN THESE DRAWINGS AND LOCAL BUILDING CODES, G.C. TO PROVIDE A SEPARATE PRICE IN THE BID FOR EACH ITEM THAT REQUIRES CHANGING MODIFYING OR REMOVAL, 22. APPLICABLE CODES THIS PROJECT SHALL CONFORM TO: 2016 CALIFORNIA ADMINSTRATIVE CODE - (PART 1, TITLE 24 CCR) 2016 CALIFORNIA BUILDING CODE - (PART 2, TITLE 24, CCR) 2016 CALIFORNIA ELECTRICAL CODE - (PART 3 TITLE 24, CCR) 2016 CALIFORNIA MECHANICAL CODE - (PART 4, TITLE 24, CCR) 2016 CALIFORNIA PLUMBING CODE - (PART 5, TITLE 24, CCR) 2016 CALIFORNIA ENERGY CODE - (PART 6, TITLE 24, CCR) 2016 CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE - (PART 7, TITLE 24 CCR) 2016 CALIFORNIA HISTORICAL CODE - (PART 8, TO 24) 2016 CALIFORNIA FIRE CODE - (PART 9, TO 24, CCR) 2016 CALIFORNIA EXISTING BUILDING CODE - (PART 10, TITLE 24 CCR) 2016 CALIFORNIA REFERENCED STANDARDS - (PART 12, TITLE 24, CCR) 2016 AMERICANS WITH DISABILITIES ACT (ADA) 23. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND HELD CONDITIONS BEFORE PROCEEDING WITH WORK 24. ALL CONTRACTORS AND SUBCONTRACTORS ARE RESPONSIBLE FOR CONFORMING TO ALL APPLICABLE LOCAL CODES AND TRADE STANDARDS. 25. CONTRACTOR TO REWORK SPRINKLERS, FIRE SAFETY SYSTEM REQUIREMENTS, SWITCHING, EXIT SIGNS AND HVAC SYSTEM AS REQUIRED, 26. PD&C, INC. dba RAND KRUSE IS UNAWARE OF ANY EXISTING ASBESTOS WITHIN THE AREA OF NEW WORK. IT IS THE OWNER'S RESPONSIBILITY TO ADVISE THE GENERAL CONTRACTOR AND HIS SUBS OF ANY ASBESTOS WITHIN THE FACILITY. THE GENERAL CONTRACTOR SHALL TAKE ALL NECESSARY PRECAUTIONS REQUIRED BY LAW TO PROTECT ALL WORKERS AND OCCUPANTS IF ANY ASBESTOS IS IDENTIFIED AND NOTIFY THE OWNER IMMEDIATELY. T E N A N T I M P R O V E M E N T F O R M A L I B U FARM FRESH. ORSANE LOCAL, 3 4 1 6 / TENANT IMPROVEMENT TO TWO FIBST FLOOR 3 AFF 4 0 4 MT METALTHRESHOLD V I A ACCESS DOOR 0 P MIN 0 STD R T 0 N E W P 0 R STA T ACOUSE (ACST)ACOUSTIC B E A C MISCELLANEOUS H, STEEL C A FLOUR 9 MLDG 2 6 6 3 PROJECT INFORMATION PROJECT SHEET INDEX TITLE CONSTRUCTION ABBREVIATIONS TENANT IMPROVEMENT TO TWO FIBST FLOOR CONSTRUCTION TYPE: VB AFF ABOVE FINISH FLOOR FIRE SPRINKLERS: YES MOUNTED MT METALTHRESHOLD SQ SQUARE AD ACCESS DOOR FIXT FIXTURE MIN MINIMUM STD STANDARD AP ACCESS PANEL FLR OR FL FLOOR MIR MIRROR STA STATION ACOUSE (ACST)ACOUSTIC U FD FLOOR DRAIN MISC MISCELLANEOUS SAL STEEL A/L ALTERNATE FLOUR FLOURESCENT MLDG MOLDING STOR STORAGE A/C AIR CONDITIONING FR FRAME MTD MOUNTING STRL STRUCTURAL ARUM (AL) ALLUMINUM FURL FURRING MILL MULLION SUSP SUSPENDED AND APPROVED o Q SYM SYMMETRICAL APPROX APPROXIMATE � C= W ARCH ARCHITECTURAL GA GAGE OR GUAGE N NORTH TEL TELEPHONE ASPH ASPHALT GALV GALVINIZED NIC NOT IN CONTRACT N TELEVISION AUTO AUTOMATIC GI GALVINIZED IRON NO. (#) NUMBER TEMP TEMPERATURE G GAS NTS NOT TO SCALE TER TERRAllO GL GLASS THERMO THERMOSTAT BOW BACK OF WALL GB GRAB BAR OFF. OFFICE THK THICK BATT INSUL BATTEN INSULATION GB GRADE OFCI OWNER FURNISHED TH THRESHOLD BM BEAM GND GROUND CONTRACTOR INSTALLED TOIL TOILET BD, BHD BOARD GYP GYPSUM OC ON CENTER TPD TOILET PAPER DISPENSER BLDG BUILDING GYP BD GYPSUM WALLBOARD OPP OPPOSITE TOC TOP OF CONCRETE GC GENERAL CONTRACTOR D.H. OVERHEAD TC TOP OF CURB 0/ OVER TOS TOP OF STEEL CAB CABINET TS TUBULAR STEEL CLG CEILING HUB HANDRAIL TW TDP OFWALL CTR CENTER HBO HARDBOARD PR PAIR TB TOWEL BAR CL CENTER LINE HOW (HW) HARDWARE PNL PANEL TRANS TRANSVERSE CC CENTER TO CENTER HDWD HARDWOOD PTD PAPER TOWEL DISPENSER TVP TYPICAL CFCI CONTRACTOR FURNISHED H/C HANDICAPPED PTD/R PAPER TOWEL DISPENSER & CONTRACTOR INSTALLED HD HEAD RECEPTACLE CT CIRCULAR TILE HDR HEADER PTR PAPER TOWEL RECEPTACLE UL UNDERWRITERS CIR CIRCULAR HTR HEATER PRTN PARTITION LABORATORIES CUR CLEAR, COLOR HT (HGT) HEIGHT PERF PERFORATED UNHN UNFINISHED CLO CLOSET H.P. HIGH POINT PIAST PLASTER UNO UNLESS NOTED OTHERWISE COL COLUMN HC HOLLOW CORE PLAS PLASTIC OR URINAL CONC CONCRETE H.M. HOLLOW METAL PL PLATE CONN CONSTRUCTION HMI HOLLOW METAL INSULATED PLBG PLUMBING CONT CONTINUOUS HDRIZ HORIZONTAL PLYWD PLYWOOD VERT VERTICAL CJ CONTROL JOINT HR HOUR PT POINT VEST VESTIBULE CORR CORRIDOR LBS POUNDS VCT VINYL COMP TILE CNTR COUNTER PSF POUND/SQUARE FOOT W VINYLTILE IN. INCH PSI POUND/SQUAHE INCH WUC VINYL WALL COVERING I.D. INSIDE DIAMETER PRECST PRECAST DET (DETI.) DETAIL IDENT IDENTIFICATION PREFAB PREFABRICATED DIAG DIAGONAL INSUL INSULATION PROJ PROJECTION WNSCT WAINSCOT INT(INTR) INTERIOR WC WATER CLOSET DIA DIAMETER WP WATER PROOF DIM DIMENSION Q.T. QUARRY TILE W/R WATER RESISTANT DISP DISPENSER JAN JANITOR 1/4 RD QUARTER ROUND WT WEIGHT DR DOOR JT JOINT OFFS QUARTERS WOT WIDTH DBL DOUBLE JST JOIST RAO RADIUS WOW WINDOW ON DOWN RECP RECEPTABLE W/ WITH DWR DRAWER REF REFERENCE W/0 WITHOUT DWG DRAWING K KEY REFR REFRIGERATOR WD WOOD OF DRINKING FOUNTAIN KL KEY LOCK REINF REINFORCEMENT KP KICK PLATE READ REQUIRED KIT KITCHEN REV REVISIONS EA EACH R RISER ELIC ELECTRICAL OR ELECTRIC IM ROOM EL, ELEV ELEVATION LAB LABORATORY IND ROUND EMERG EMERGENCY LAM LAMINATE HUB RUBBER SNCL ENCLOSURE LAV LAVATORY BE RUBBER BASE EQUIP ([OPT) EQUIPMENT LA LIGHT EQ EQUAL LTG LIGHTING SND SANITARY NAPKIN EW EACH WAY LT WT LIGHTWEIGHT DISPENSER EXH EXHAUST LIN LINEAR SNR SANITARY NAPKIN EXIST. EXISTING LONG LONGITUDINAL RECEPTICLE EXT EXTERIOR LP LOW POINT SCH SCHEDULE LKH LOCKER SCD SEAT COVER DISPENSER LVR LOUVER SECT SECTION FOC FACE OF CONCRETE SSK SERVICE SINK FOF FACE OF FINISH SHTHG SHEATHING FOS FACE OF STUDS MACH MACHINE SHT SHEET FOW FACE OFWALL MAINT MAINTENANCE SHWR SHOWER FT FEET MFR MANUFACTURE SIM SIMILAR FIN FINISH MFG MANUFACTURING SD SOAP DISPENSER FE (FEXT) FIRE EXTINGUISHER MSTC MASIC SC SEPARATE CIRCUIT FEC FIRE EXTINGUISHER CABINET MATL MATERIAL S.M. SHEET METAL FES FIRE EXTINGUISHER MAX MAXIMUM S SOUTH SURFACE MECH MECHANICAL SPKR SPEAKER MTL METAL SPEC SPECIFICATION PROJECT INFORMATION PROJECT SHEET INDEX TITLE CONSTRUCTION INFORMATION: TENANT IMPROVEMENT TO TWO FIBST FLOOR CONSTRUCTION TYPE: VB o SUITES, IN EXISTING 2 -STORY BUILDINGS. FIRE SPRINKLERS: YES ADDRESS: 3416 & 3420 VIA OPORTO, NEWPORT BEACH, CA 92663 FIRE ALARM: NO A.P.N. 423-123-08 � SUITE: 202 PARKING INFORMATION FLOOR: 1 COMMERCIAL PARKING PROVIDED ON-SITE: SEE MASTER PARKING PIAN, OCCUPANCY TYPE: A-2 RESTAURANT W TOTAL GROSS FLOOR AREA: SEE FLOOR PLAN FOR TABULATIONS C C o a PLANNING PROPERTY OWNER U EXISTING USE: MU -W2 (MIXED-USE WATER RELATED) NAME LIDO GROUP RETAIL, LLC PROPOSED USE FOR SUITE: OFFICE ADDRESS: 3434 VIA LIDO, SUITE 300 o NEWPORT BEACH, CA 92663 PHONE: 949-673-1400 CONSULTANTS VICINITY MAP � GMl.Drive ParkV a5411, yr'+AA, W Coast Hwy - _-- -�` 14 Th& RNa A ftu r I1; / ? ch jl 7 c� NavqW Wood P,vk Gafe✓gay P��x The Wo .�. r. smr srree� Park w Newport �ABeach '31k SITE 10CATION NEWIPDRT BAY SHEET NO. SHEET INDEX TITLE A.CS.1 COVER SHEET MPP o MASTER PHASING PLAN A.1.0 SITE PIAN / ROOF PIAN All MM 1i FLOOR PLAN NOTE: SITE ACCESSIBILITY IMPROVEMENTS AND PATH OF TRAVEL WILL BE PROVIDED UNDER PLAN CHECK #1147-2015 Attachment No. PC 5 - Project Plans ISSUED FOR: PERMIT W o m O MM 1i co � O N = QJ I� W C C o a U W o U oQ w VU m M Z� o Q co v z W i � C= W w z n � m 0 2a U Y z_ 2� MUP 0 JOB NUMBER: XXXXX DATE: 10.13.16 COVER SHEET SHEET NUMBER AOCS01 49 PA2017-190 LEGEND PROPERTY LINE INTERIOR PARCEL LINE I ffir� g l l&? F35!7 31��p� 6 f ra \I \I \I r T T l 4 LOADING ZONE LOADING ZONE LWIING ZONE -L 3036 _ IM 3505 VIA �I r .— FOR REFERENCE ONLY 1 E.: 0 1 0 E IJ`J ® ® s a o s I c I T l o l D Iml n ITaI ul u 3434 VIA LIDO I 1 ® In ®I®iz®®rA Iima0im®1®F 1�,p -�r 3444 VIA • _ �r'•I i- I �� - I a oa MASTER PHASING PLAN - 3/17/2016 3-30-17 PROJECTDESCRIPTION OF M101111111=1- ADDRESS BUILDING DATA {3 �V) PERMIT NUMBERS .II''liiL H� w 1 3434 VIA LIDO BUSINESS S2/13 NEW AWNINGS, SIGNAGE AND REPLACE X2014-0709 z I IIB -NON SPRINLERED EXISTING STOREFRONT 0F4 co 3 STORY -�r 3444 VIA • _ �r'•I i- I �� - I a oa MASTER PHASING PLAN - 3/17/2016 3-30-17 PROJECTDESCRIPTION OF PHASE ADDRESS BUILDING DATA {3 �V) PERMIT NUMBERS H� w 1 3434 VIA LIDO BUSINESS S2/13 NEW AWNINGS, SIGNAGE AND REPLACE X2014-0709 z I IIB -NON SPRINLERED EXISTING STOREFRONT 0F4 co 3 STORY J< a 3505 VN OPORTO RETAIL M TENANT IMPROVEMENTS AND NEW MECHANICAL X2014-2208 (SUITE A) IIB -NON SPRINKLERED UNITS X2014-3518 (SUITE B) 2 -STORY Q m X2014-3519 (SUITE C) z fr z O U O �0 EL X2015-2703 (35056, CHARLIE AND ME TI) 0 C 3444 VIA LIDO BUSINESS B NEW RETAIL DISPLAY WINDOWS, EXTERIOR X2014-0291 (DEMO) 2 VB-SPRINKLERED LIGHTING, SIGNAGE AND NEW MECHANICAL X2014-2639 (SHELL) 2 -STORY UNITS PA2014-136 (LOT MERGE) 3636 NEWPORT BLVD. RETAIL M NEW WINDOWS, ENRTY, OUTDOOR AREA, X2015-0717 3 VB -NON SPRINKLERED INTERIOR TENANT IMPROVEMENT AND NEW 1 -STORY MECHANICAL UNITS 4 3418 VN LIDO RETAIL M DEMO NON BEARING INTERIOR WALLS, SPEC X2014-2243 (SHELL) VB -NON SPRINLERED SUITES, REPLACEMENT OF EXISTING DOORS ORAWNtGS MID W'RMEN MA ERLAL APPEARING H'.BEIN CONSMUIE ORIGIIAL MD UNPUBLISHED WORK OF SMS ARCHITECTS AND MAY NOT BE BUMCATED, USED OR 0SOMOD MONT WROIEN CONSENT Of THE NI 1-STROY AND WINDOWS AND NEW ROOF DATE July 28, 2016 3422 WA LIDD RETAIL M DEMO NON BEARING INTERIOR WALLS, SPEC X2014-2244 (SHELL) Mpp VB -NON SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 1 -STORY AND WINDOWS AND NEW ROOF 3424 VIA LIDO RETAIL M DEMO NON BEARING INTERIOR WALLS, SPEC X2014-2245 (SHELL) VB -NON SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 1 -STORY AND WINDOWS AND NEW ROOF 5 3400 WA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0111 (DEMO) VB-SPRINKLERED SUM. REPLACEMENT OF EXISTING DOORS 0562-2015 (SEISMIC UPGRADE) 2 -STORY AND WINDOWS AND NEW ROOF 0669-2015 (D&W C/O RE -ROOF) 0559-X2016 (SUITE 102, WHITE SHELL TI) 3404 VN OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0110 (DEMO) VB-SPRINKLERED SURES, REPLACEMENT OF EXISTING DOORS 0562-2015 (SEISMIC UPGRADE) 2 -STORY AND WINDOWS AND NEW ROOF 0669-2015 (D&W C/O RE -ROOF) X2015-0869 (SUITE 103, TRESS APOTHECARY TI) 3408 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0178 (DEMO) VB-SPRINKLERED SUM. REPLACEMENT OF EXISTING DOORS 0562-2015 (SEISMIC UPGRADE) 2 -STORY AND WINDOWS AND NEW ROOF 0669-2015 (D&W C/O RE -ROOF) 3412 VN OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0179 (DEMO) VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 0728-2015 (D&W C/O RE -ROOF) 2 -STORY AND WINDOWS AND NEW ROOF 2124-2015 (SEISMIC UPGRADE) III (SUITE 100, PLANET BLUE TI) 3416 WA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0279 (DEMO) VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 01 (D&W C/O RE-RDOF) 3 -STORY AND WINDOWS AND NEW ROOF 2124-2015 (SEISMIC UPGRADE) III (FAHERTY TI) 3420 VN OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0180 (DEMO) VB-SPRINKLERED SUM, REPLACEMENT OF EXISTING DOORS 01 (D&W C/O RE -ROOF) 2 -STORY AND WINDOWS AND NEW ROOF 1731-2015 (SEISMIC UPGRADE) 3423-X2015 (SUITE 203, 50 CALIBER TI) 3424 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2014-3808 (DEMO) VB-SPRINKLERED SUITES, REPLACEMENT OF EXISTING DOORS 1789-2015 (DOORS & WINDOWS) 2 -STORY AND WINDOWS AND NEW ROOF 1731-2015 (SEISMIC UPGRADE) 3425-X2015 (SUITE 100, CLARE V TI) 3432 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2014-3809 (DEMO) VB-SPRINKLERED SUM, REPLACEMENT OF EXISTING DOORS 1789-2015 (DOORS & WINDOWS) 2 -STORY AND WINDOWS AND NEW ROOF 1731-2015 (SEISMIC UPGRADE) 3355-X2015 (SUITE 106, FIELD SCOUT TI) 3440-3446 VIA OPORTO RETAIL M/B DEMO NON BEARING INTERIOR WALLS, SPEC X2015-0181 (DEMO) VB-SPRINKLERED SUM, REPLACEMENT OF EXISTING DOORS X2015-1453 (SEISMIC) 2 -STORY AND WINDOWS AND NEW ROOF 1789-2015 (DOORS & WINDOWS) 011242016 (ZINOUE TI) 0152-2016 (SUITE 102, STEVEN ALAN TI) 3450 VIA OPORTO RESTAURANT A2/M NEW FACADE, DOORS AND WINDOWS, X2014-0292 (DEMO) VB-SPRINKLERED STRUCTURAL UPGRADES, INTERIOR X2015-0202 (FOUNDATION ONLY) 2 -STORY IMPROVEMENTS, EXTERIOR LIGHTING, OUTDOOR X2015-OD34 (SEISMIC) DINING AND NEW MECHANICAL UNITS X2015-0262 (TEMP SHORING) 7 STREET IMPROVEMENTS NEW STREET CONFIGURATION 2612-2014 (CML WORK) CS2014-014, PA2014-002 (CUP) BOAT SLIPS NEW BOAT SUP CONFIGURATION SITE ACCESSIBLE P.O.T. ADA SITE IMPROVEMENTS AND COMPLIANCE 1147-2015 (PLAN CHECK) 9 n UPGRADES UPGRADES %2. v FOR REFERENCE ONLY SCALE: 30'= V-0" FEES No REFERENCE ONLY N MASTER PHASING PLAN 14 Attachment No. PC 5 - Project Plans Ioiilg �4 17848 Sky Park Circle, Suite B I r v i n e, C a l i f o r n i a 9 2 6 1 4 P h o n e- 9 4 9. 7 5 7. 3 2 4 0 w w w. s m s- a r c h. c o m °SES I ARC,y''' 3-30-17 = S'• RENEWAL •• Q i' DATE \ �: OF . \l`o�� A� {3 �V) H� w z I LIJ 0F4 co Q N J< a > V Z U w Q m W z fr z O U O �0 EL 0 C W a J Z NO. DATE ISSUE ORAWNtGS MID W'RMEN MA ERLAL APPEARING H'.BEIN CONSMUIE ORIGIIAL MD UNPUBLISHED WORK OF SMS ARCHITECTS AND MAY NOT BE BUMCATED, USED OR 0SOMOD MONT WROIEN CONSENT Of THE NI PROJECT N0. 12063 DATE July 28, 2016 DRAWING TIRE MASTER PHASING PLAN DRAWING NO. Mpp PA2017-190 01 SITE PLAN SCALE: ,QEE = 1E-011 n ROOF PLAN NOTES • ALL ROOFING WORK TO BE PERFORMED BY LANDLORD'S ROOFING CONTRACTOR. No. PC 5 - Project Plans ISSUED FOR: PERMIT (N) ROOF MOUNTED EQPT. SCREENING. (N) ROOF TOP MAKE-UP AIR FAN (SF -1) SEE MECHANICAL DRAWINGS. MAINTAIN 3' CLEARANCE AT ALL SIDES. (N) GREASE DUCT. MAINTAIN ALL REQUIRED CLEARANCES PER MANUFACTURERS INSTALLATION INSTRUCTIONS. (N) ROOF TOP EXHAUST FAN (KEF-1) SEE MECHANICAL DRAWINGS. m IDA" MIN. m 3420 VIA OPORTO ROOF PLAN SCALE: 811E = 1E-0" NOTE: PER CITY OF NEWPORT BEACH MUNICIPAL CODE SECTION 20.30.020, ROOF -MOUNTED MECHANICAL EQUIPMENT SHALL NOT BE VISIBLE IN ANY DIRECTION FROM A PUBLIC RIGHT-OF-WAY OR ADJACENT RESIDENTIAL PROPERTY, AS MAY BE SEEN FROM A POINT SIX FEET ABOVE GROUND LEVEL *FINAL APPROVAL SUBJECT TO ON-SITE INSPECTION. ME � m z a U ATM 0 MUP 0 50% CO'S 0 11-01-17 D D 0 JOB NUMBER: XXXXX DATE: 07.21.18 SITE PLAN / ROOF PLAN SHEET NUMBER 15i W J � Z U d O 6 W � Nm M o Q C.10 a AIL. _ W z r m4m O W W (N) ROOF MOUNTED EQPT. SCREENING. (N) ROOF TOP MAKE-UP AIR FAN (SF -1) SEE MECHANICAL DRAWINGS. MAINTAIN 3' CLEARANCE AT ALL SIDES. (N) GREASE DUCT. MAINTAIN ALL REQUIRED CLEARANCES PER MANUFACTURERS INSTALLATION INSTRUCTIONS. (N) ROOF TOP EXHAUST FAN (KEF-1) SEE MECHANICAL DRAWINGS. m IDA" MIN. m 3420 VIA OPORTO ROOF PLAN SCALE: 811E = 1E-0" NOTE: PER CITY OF NEWPORT BEACH MUNICIPAL CODE SECTION 20.30.020, ROOF -MOUNTED MECHANICAL EQUIPMENT SHALL NOT BE VISIBLE IN ANY DIRECTION FROM A PUBLIC RIGHT-OF-WAY OR ADJACENT RESIDENTIAL PROPERTY, AS MAY BE SEEN FROM A POINT SIX FEET ABOVE GROUND LEVEL *FINAL APPROVAL SUBJECT TO ON-SITE INSPECTION. ME � m z a U ATM 0 MUP 0 50% CO'S 0 11-01-17 D D 0 JOB NUMBER: XXXXX DATE: 07.21.18 SITE PLAN / ROOF PLAN SHEET NUMBER 15i PA2017-190 01 FLOOR PLAN SCALE: 16" =1'-0" RESTAURANT S.F. TABULATIONS PROPOSED LOAD CALCULATION INDOOR= 2,171 SQ.FT. PATIO = 866 SQ.FT. TOTAL = 3.037 SQ.FT. PROPOSED NET PUBLIC AREA INDOOR= 1.097 SQ.FT. OUTDOOR= 866 SQ.FT. TOTAL = 1,963 SQ.FT. RESTAURANT SEATING 855 SF INDOOR = 65 OUTDOOR= 43 TOTAL = 108 ICE CREAM / COFFEE S.F. TABULATIONS PROPOSED ICE CREAM COMPONENT= 321 SQ.FT. RESTROOMS = 303 SQ.FT. TOTAL = 624 SQ.FT. PROPOSED NET PUBLIC AREA ICE CREAM = 90 SQ.FT. WATERPROOFING PROVIDE WATERPROOFING IN ALL WET AREAS PER DETAIL 3/A.6.2 URANT OCCUPANT LOAD CALCULATION LOAD FACTOR LOAD FACTOR FLOOR AREA OCCUPANCY LOAD 100 GROSS 15 NET 1,142 SF 1,142 /15 = 76 1,142 / 30 = 38 200 GROSS 741 SF 741 / 200 = 4 TOTAL: 15 NET 855 SF 855 /15 = 57 36 TOTAL: 2,732 137 CREAM SHOP OCCUPANT LOAD CALCULATION TYPE LOAD FACTOR FLOOR AREA OCCUPANCY LOAD OCCUPANCY LOAD 100 GROSS 322 SF 322 / 100 = 4 1,142 SF 1,142 / 30 = 38 30B SF KITCHEN 200 TOTAL: 630 4 RESTROOM PLUMBING FIXTURE CALCULATION TYPE DESCRIPTION LOAD FACTOR FLOOR AREA OCCUPANCY LOAD A-2 RESTAURANT 30 1,142 SF 1,142 / 30 = 38 B KITCHEN 200 741 SF 741 / 200 = 4 A-2 PATIO 36 855 SF 855 / 30 = 29 B COFFEE/ ICE CREAM SHOP 200 322 SF 3221200 = 2 U TOTAL: 73 (36 MEN, 36 WOMEN); FIXTURE COUNT: 3 WATER CLOSETS,1 URINAL, 2 LAVATORIES. Attachment No. PC 5 - Project Plans FLOOR PLAN LEGEND EXISTING BUILDING SHELL TO REMAIN, NEW INSULATION PER TITLE -24 PRESCRIPTIVE. NEW WALL TYPE 'A' (SEE DETAIL X/AG.X) —9 U IL- ABC BARRIER ® (N) EXIT SIGNAGE. INTERIOR SIGNS TO BE BUILDING STANDARD: BATTERY BACKED, EDGE -LIT CLEAR ACRYLIC BLADE TYPE. MFG: LITHONIA, MODEL: EOG -W. SEE ELECTRICAL DRAWINGS. INTERIOR NET PUBLIC AREA EXTERIOR NET PUBLIC AREA FLOOR PLAN KEYNOTES GREEN SCREEN. (N) DEDICATED RESTROOMS FLOOR PLAN NOTES • ALL FINISHED PARTITIONS SHALL BE PLUMB, STRAIGHT AND TRUE AND SHALL HAVE TAPED JOINTS, FLUSH AND SMOOTH. • PROVIDE BACKING IN WALLS FOR WALL HUNG FIXTURES AND CABINETS AS REQUIRED. • CONTRACTOR TO SUBMIT SUBMITTALS OF ALL (FINISHES, PLUMBING FIXTURES, ELECTRICAL COMPONENTS, DOOR HARDWARE AND LIGHT FIXTURES) TO ARCHITECT FOR WRITTEN APPROVAL PRIOR TO ORDERING MATERIAL. IF SUBMITTALS ARE NOT SUBMITTED AND APPROVED IN WRITING THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH REPLACEMENT. • F.E.C. FIRE EXTINGUISHER TO MATCH BUILDING STANDARD. • SUBMIT CUT -SHEET OR ACTUAL DOOR SAMPLE FOR APPROVAL PRIOR TO PURCHASE OR FABRICATION OF DOORS, HARDWARE SCHEDULE. • MAXIMUM DOOR OPERATION PRESSURE FOR INTERIOR DOORS SHALL BE 5LBS. • DOOR HARDWARE SHALL BE PUSH-PULL OR OTHER TYPE WITH DOES NOT REQUIRE GRASPING AND TURNING. • CONTRACTOR SHALL FURNISH AND INSTALL ALL DOORS, HARDWARE AND FRAMES REQUIRED FOR A COMPLETE AND PROPER INSTALLATION. • ALL DOORS SHALL HAVE WALL OR FLOOR STOPS TO PREVENT DAMAGE TO DOOR, HARDWARE OR ADJACENT WALL SURFACES. • CONTRACTOR TO VERIFY ALL KEY REQUIREMENTS WITH LANDLORD/OWNER AND SHALL COORDINATE BUILDING STANDARD CYLINDERS AND KEYWAYS AS REQUIRED. • ALL DOORS SPECIFIED SHALL BE FINISHED ON BOTH FACES AND ON THE HINGED AND STRIKE EDGES, TOP AND BOTTOM EDGES UNFINISHED. • ALL PARTITIONS ARE DIMENSIONED FINISH TO FINISH. • EVERY REQUIRED EXIT DOORWAY MUST BE OF A SIZE TO PERMIT THE INSTALLATION OF A T-0" BY 6'-8" DOOR MINIMUM. A MINIMUM CLEAR WIDTH OF 32" MUST BE PROVIDED. (2016 CBC 1008.1.1) • CONTRACTOR/TENANT MUST COMPLY WITH (2016 CBC 1011.5, AND 1011.6) FOR EXIT SIGN GRAPHICS, ILLUMINATION, AND POWER SOURCE. • CONTRACTOR TO PROVIDE EXIT SIGNS READILY VISIBLE TO CLEARLY INDICATE THE DIRECTION OF EGRESS TRAVEL. EXIT SIGNS SHALL BE PROPERLY ILLUMINATED. (2016 CBC 1011.5,1011.6) • WALL AND CEILING MATERIALS SHALL NOT EXCEED FLAME SPREAD CLASSIFICATIONS IN 2013 CBC SECTION 803 AND TABLE 803.9. • ALL WALL AND CEILING/FLOOR PENETRATIONS PER XX/A.6.X AND XX/A.6.X. ISSUED FOR: PERMIT 44 — m m Z=s REVISIONS O MUP 50% CO'S 0 0 0 JOB NUMBER: XXXXX DATE: 09.14.17 FLOOR PLAN SHEET NUMBER: A.1.1 52 � O N L O W 1� O6 U W Oct o � U a O Q m M � z 0 Q co a � Z � W Q W rr .. 44 — m m Z=s REVISIONS O MUP 50% CO'S 0 0 0 JOB NUMBER: XXXXX DATE: 09.14.17 FLOOR PLAN SHEET NUMBER: A.1.1 52 Planning Commission - December 7, 2017 Item No. 2a Additional Materials Received Malibu Farm Lido (PA2017-190) Ramirez, Brittany Subject: FW: Questions for Planning Commission Mtg - Dec 7 Attachments: Electra Cruises Appeal.pdf From: Campbell, James Sent: Wednesday, December 06, 2017 3:53 PM o° To: Kleiman, Lauren <lkleiman@newportbeachca.gov> »„ = Cc: Kramer, Kory <kkramer@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Koetting, Peter <pkoetting@newportbeachca.gov>; Lowrey, Lee <Ilowrey@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Ramirez, Brittany <bramirez@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Crager, Chelsea <ccrager@ newportbeachca.gov> Subject: RE: Questions for Planning Commission Mtg - Dec 7 Commissioner Kleiman, With regard to Malibu Farm, Electra Cruises filed the attached appeal on the Commission's approval of the Lido Marina Village parking management plan. They have not provided any additional supporting information to date. The appeal will be considered by the City Council on January 9, 2018. Senior Planner Gregg Ramirez and Associate Planner Rosalinh Ung will respond to the questions on the other two projects. JIM CAMPBELL Community Development Department Deputy Community Development Director icamobell0newoortbeachca. oov eP IXIIUMGIOAU From: Kleiman, Lauren Sent: Wednesday, December 06, 2017 3:12 PM To: Campbell, James <JCampbell@newportbeachca.eov> Subject: Questions for Planning Commission Mtg - Dec 7 Hi Jim, Hope your holiday season is off to a great start. I am hoping that planning staff can provide the following in advance of tomorrow's Planning Commission hearing: Malibu Farm -a copy of the Electra Cruises appeal of the Parking Lot Management Plan approval Taco Bell Cantina -a copy of the previous/existing CUP -hours of operation for the previous operator (Original Pizza) and whether they sold beer on site Ginsberg Residence -Exhibit: breakdown of each property in China Cove: -Address -Lot SQFT -Home SQFT -Year built -FAR -Set-backs -per today's code -actual as -built -conformance today - "yes" or "no" -Ownership/easement information for right-of-way at back of property Thank you. Lauren Kleiman Planning Commission Planning Commission - December 7, 2017 Item No. 2a Additional Materials Received Malibu Farm Lido (PA2017-190) Appeal Application City Clerk's Office 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 949-644-3005 Appeal the Decision of: ❑ Hearing Officer - NBMC §20.64 ❑ Operator License - NBMC §5.25.060 Attention: City Manager) ■ Planning Commission - NBMC §20.64 ❑ Zoning Administrator - NBMC §20.64 and 15.45.080 F ❑ Other Appellant Information: Electra Cruises Inc. 3439 Via Oporto Newport Beach, CA 92663 Tel 949.723.1069 Fax 949.723.5156 susanp@electracruises.com Applicable Appeal Hearing Officer - $1 Planning Commission - December 7, 2017 Item No. 2a Additional Materials Received Malibu Farm Lido (PA2017-190) IVED 7T r1r? ?5 PN 2: ?6 Planning Commission - $1,536.00 Zoning Administrator - $1,536.00 r,5 N Name of Applicant(s): Becky Sullivan representing D1M Capital Partners, Inc. Date of Decision: October 19, 2017 Project No.: Resolution # 2068 Activity No.: Item #3 Site Address: 3636 Newport Boulevard, 3418-3428 Via Lido, 3434 and 3444 Via Lido, and Description An amendment to the parking management plan for Lido Marina Village previously authorized by Use Permit No. UP2014-014 (PA2014-002). Reason(s) for Appeal (attach a separate sheet if necessary): See attached. Signature of - A*o,,"N Fw A t°I Ly! I � fY�ar%�i�v.j�Oh� FOR OFFICE USE ONLY: Date Appeal filed and Administrative Fee received: �f , PORT City Clerk VO ` v , cc: Department Director, Deputy Director, Staff, File Cashier Code: CDD004 20z. F.1 UserslClerklShamdlFormslAppeal Application Updated 3.20.17 Planning Commission - December 7, 2017 Item No. 2a Additional Materials Received Malibu Farm Lido (PA2017-190) The commission was misled by not being fully informed of the totality of the circumstances surrounding the parking for Lido Marina Village as relates to this amendment — adopting Resolution # 2068, approving conditional Use Permit No. UP2017-09. The approved amendment unlawfully interferes with and discriminates against a current tenant in Lido Marino Village, Appellant Electra Cruises Inc. Applicant did not disclose the parking agreement that it has made with this appellant, which will be breached by applicant, if this amendment is allowed to stand. Applicant failed to disclose that it has refused to provide any offsite parking to appellant's guests under the parking agreement it has made with applicant, and thus, there will be insufficient parking, utilizing the existing parking structure, based on this amendment, which mandates all tenant employees be allowed to park in the structure. Based on the two additional restaurants to be added as tenants in the village, if this amendment Is allowed to stand, appellant's guests will be forced to park in neighboring streets, which appears to be the problem that initially gave rise to the amendment sought. Thus, if this amendment is allowed to stand, the same problem that existed with tenant employees parking in the neighboring city streets will exist with appellant's guests doing so. Planning Commission - December 7, 2017 Item No. 2a Additional Materials Received Malibu Farm Lido (PA2017-190) CITY OF NEWPORT BEACH �J City Clerk's Office ME G! NAt-C Cry i s C s ADDRESS 3 43 q Ui Cc. J)po,-Co TY. SERVICE FEE ACCT. # AMOUNT CDs (audio) 49¢ (material)+ Full lLoaded Hourly Dullillication Rate 01010005- 511035' City Charters $3.00 each 01010005- 511035 Copies (B&W - office) 3¢ + $3.00 per 5 minutes of service 01010005- 511035 Copies (Color - office) 10¢ + $3.00 per 5 minutes of service_ 01010005- 511035 Copies ( Print Shop) 100% of Contractor Cost 01010005- 511035 Copies (campaign statements) 100 per page 01010101- 521645 Councilmanic District Maps: • (colored 11 a 17) "B" size 100% of Contractor Cost 01010005- 511035 • (colored 36 x 48) "E" size 100% of Contractor Cost 01010005- 511035 DVDs (video streaming) $.49 (material) + Fullv Loaded Hourly Duplication Rate 01010005- 511035 Municipal Code (complete w/o binder) $121.00 each 01010005- 511035 Notary Fee $10.00 per signature 01010005- 511060 Postage $ 01010005- 511055 Public Records Act Materials plus Direct Salary & Benefits Hourly Duplication Rate 01010005 - 521020 Subpoena: Employee Info $ 01010005- 511035 Subpoena: Records/Copies $ 01010005- 511035 Other: $ 33 Oo Y twty iGt Dlurh S5C6rL �.Z:�t 11,534-00 $ TOTAL: Updated 10.06.17 jut STEVEN A. SILYERSTEIN, INC.' EXPENSE :4CCakTNT 701 S PARKER ST STE5500 _ ORANGE CA 92866-4795 PYto the Cl order BankafAmerica VIP' ACH X/7121.V8 FOR s - 1079 11-W1213 CA DateIb •2� i 70090 $ fS3�o•Q?� Planning Commission - December 7, 2017 Item No. 2a Additional Materials Received Malibu Farm Lido (PA2017-190) City of Newport Beach Revenue 100 Civic Center Dr. Newport Beach, CA 92669 949-644-3141 Welcome 002735-0001 Omar K. 10/25/2017 03:01PM MISCELLANEOUS Description: CDD004 ZONING & SUBDIVISION FEES (CDD004) CDD004 ZONING & SUBDIVISION FEES (CDD004 2016 Item: CDD004 1 @ 1,536.00 CDD004 ZONING & SUBDIVISION FEES (CDD004) 1,536.00 1,536.00 Subtotal 1,536.00 Total 1,536.00 CHECK 1,536.00 Check Number 1079 -------------- Change due 0.00 Paid by: STEVEN A SILVERSTEIN INC Thank you for your payment CUSTOMER COPY