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HomeMy WebLinkAboutUP3674O� SEW Pp�T �f e cgci Fo Vt • CITY OF NEWPORT BEACH 0 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 DATE: August 3, 2000 TO: Gordon Barienbrock FROM: Planning Director SUBJECT: Use Permit No. 3674 PLANNING DEPARTMENT (949) 644-3208 NOTICE OF REMOVAL r Please be advised that Use Permit No. 3674 was removed from calendar, with the applicant's concurrence, by the Planning Commission at its meeting of July 6, 2000. The approved minutes of the meeting are attached. Applicant: Gordon Barienbrock Location: 2801 West Coast Highway Description Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT Patricia L. emple, Director By , Gin Varin Executive Secretary Planning Commission Enclosure: ❑ Approved Planning Commission minutes with Final Findings and Conditions of Approval ❑ Approved Council minutes with Final Findings and Conditions of Approved Approved minutes cc: Property Owner (if not applicant) 3300 Newport Boulevard, Newport Beach • City of Newport Beach Planning Commission Minutes July 6, 2000 Ms Temple answered that the setbacks in the older residential areas were estab - hed on the districting maps at the time they were adopted about the early 19�4Qs. Each block was looked at independently and the setbacks were establishe based on the most typical condition for structures in existence at that time. The seibecks in the Balboa Peninsula area vary from 5 to 15 feet on a block by block basis. Staff looked at the proximity to this block and it appeared that 5 feet was the most cnmon condition. At Commission inquiry, MrNyans answered: • Duplex at that site - vwould place residents in a close proximity to the SCE substation, which generates a constant hum. • For density reasons - it would be reasonable. • Alternative land use - has none • Did not know what the adiacent orooerty setback is. Mr. Johnson noted that the adjacent apartment has a five-foot setback, which is consistent on that block. 146 , Public comment was closed. Motion was made by Commissioner Gifford to recommen6,.approval to the City Council of General Plan Amendment No. 99-2 ©, Local Coastal Plan Amendment No. 55 and Amendment 904 pursuant to Resoluti K,1521. Ayes: McDaniel, Agajanian, Selich, Gifford, Kranzley, Tucker Noes: None Absent: Kiser SUBJECT: Billy's At The Beach, The Chart House (Gordon Barienbrock, applicant) 2751 and 2801 West Coast Hwy. • Use Permit No. 3674 • Outdoor Dining Permit No. 67 • Outdoor Dining Permit No. 68 • Off -site Parking Agreement Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. 14 `II►i7�1 Item No. 4 UP No. 3674 ODP No. 67 No. 68 Off -site Parking Agreement Removed from calendar City of Newport Beach Planning Commission Minutes July 6, 2000 Ms. Temple stated that staff is recommending this item be removed from calendar to allow time for additional acoustical analysis. Motion was made by Commissioner Kranzley to remove this item from calendar. Ayes: McDaniel, Agajanian, Selich, Gifford, Kranzley and Tucker Noes: None Absent: Kiser SUBJECT: GPA and Prezoning of Santa Ana Heights • GPA 99-3(B) • Zoning Amendment 903 • Adoption of a Negative Declaration General `Plan Amendment, Prezoning Amendment, and sphere of influence change, prior to annexation of approximately 240 acres within the Santa Ana Heights area to,the City. Ms. Temple noted that this is a similar action to one previously considered by the Commission for the proposal to annex the Bay Knolls area to the City. Staff has re -crafted existing cqunty zoning to be consistent with city formats and to essentially keep all the ldrid use regulations in tact. The City had already adopted an older zoning cl� cument as pre -annexation zoning at the time of approval of the Airport Land Usbe, ompatibility Plan and in association with the Settlement Agreement for the expgnsion of John Wayne Airport. In this case, the City has already agreed to that Specific Plan. Since we adopted this Specific Plan, there have been a number of changes approved by the County. Therefore, this document has incorporated some of the amendments the County has done to the Specific Plan, which jhe city never did since the zoning was never actually enforced since we never eQnexed the area. I received a call regarding the exact annexation boundary frgim Chairperson Selich. There is a discrepancy between the annexation vicinitj ,�.rnap contained in the EIR and the one in the staff report. The difference is that -the City now proposes to add to the annexation effort, the remainder of the Newport Beach Golf Course of which only a portion is currently in the City. Looking at fhe exhibit on page 2 of the staff report, the depiction of the golf course that is�shaded is to be annexed. The balance of the Specific Area Plan further to theWest of this area is not currently proposed for annexation and is in the Costa Mesa Sphere of Influence. The consultant that prepared the work for this item., is in the audience and can respond to any questions the Commission might have. Larry Lawrence, the City's consultant for the project referencing the exhibit stated that the gray shaded areas are to annexed. He clarified the boundary., outline with the Commission using the Specific Plan #7 Land Use Map. 15 `li►1111 Item No. 5 GPA 99-3(B) Amendment 903 Negative Declaration Recommended for Approval DATE: TO: FROM: SUBJECT: & 4k CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT (949)644-3210 NOTICE OF FINAL APPROVAL December 11, 2000 Gordon Barienbrock Planning Director Use Permit No. 3674 Please be advised that Use Permit No. 3674 was approved by the Planning Commission at its meeting of November 9, 2000, and became effective on November 23, 2000. The final findings and conditions of approvals are attached. Any deviation from them or the applications and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: Gordon Barienbrock Location: 2751 West Coast Highway Description Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the.net public area of the interior of the restaurant. The proposal includes a request to ,approve an off -site parking agreement for additional required parking spaces for the dining area and for the elimination of on -site parking spaces and relocation to the off -site lot. Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT Patricia V Temple, Director By Ginggr Varin Executive Secretary Planning Commission Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of Approval ❑ Approved Council minutes with Final Findings and Conditions of Approved ❑ Approved minutes cc: Property Owner (if not applicant) 3300 Newport Boulevard, Newport Beach EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3674 Outdoor Dining Permit No. 67 Outdoor Dining Permit No. 68 Off -Site Parking Agreement Approved by Planning Commission 11 /09/2000 Use Permit No. 3674 and Outdoor Dining Permit No. 67 2751 West Coast Highway Findings: FILE COPY The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for 'Recreation and Marine Commercial" uses and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Use Permit No. 3674, Accessory Outdoor Dining Permit No. 67, and Off -Site Parking Agreement, will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. • The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. • That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. • The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. • There is an additional secondary off -site lot under the same ownership, located at 2620 Avon Street that is available for parking both day and night. • The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of previous Use Permit No. 3328 and Use Permit No. 3328 Amended, and not an independent use. • The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. • The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. • The control of noise can be achieved by the limitation on the location of the live entertainment and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an over -concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. • Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. • The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off -site parking lot for the duration of the restaurant use. • A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off -site parking agreement will be recorded in the County Recorder's Office. • A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2751 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 425 sq. ft. maximum of dining area and 220 sq. ft. of service areas. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. 4. No outside paging or speaker system shall be permitted. 5. No live entertainment is permitted in the outdoor dining area. 6. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 7. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. 8. A minimum of twenty-four (24) parking spaces shall be maintained in the off -site lot located at 2620 Avon Street. 9. In the event that either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway shall be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 10. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 11. A fee as shall be paid for the administrative costs of processing the off -site parking agreement. 12. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 14. The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 15. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 16. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 17. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 18. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 19. All applicable conditions of approval of Use Permit No. 3328 Amended shall remain in force (copy attached). 20. The hours of operation of the outdoor dining area are limited to between the hours of 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to midnight, Friday and Saturday; and that any increase in the hours of operation shall be subject to the approval of an amendment to this application. 21. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 22. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 23. The patio shall be closed for the evening upon verification of non-compliance with any conditions of this Use Permit or Outdoor Dining Permit and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permit. 24. Should problems arise with regard to tables, chairs or stools encroaching into the public right-of-way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. 25. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 26. The live entertainment shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. In determining the project's compliance with the Community Noise Control Ordinance (Chapter 10.26 of the City of Newport Beach Municipal Code), each of the noise level standards specified in Section 10.26.025 and Section 10.26.030 shall be reduced by 5 dBA for a simple tone noise such as a whine, screech, or hum, noise consisting primarily of speech or music, or for recurring impulsive noise such as hammering or riveting. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m • 10:00 p.m. and 7:00 a.m. Measured at the property line of Commercially zoned property: 65 dBA 60 dBA Measured at the property line of Residentially zoned property: 60 dBA. 50 dBA 27. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 28. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 29. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 30. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 31. The project shall comply with State Disabled Access requirements. 32. All improvements shall be constructed as required by Newport Beach City Ordinance and the Public Works Department. 33. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to the issuance of the occupancy permit or implementation of the outdoor dining. 34. The Planning Commission may add to or modify conditions of approval to this Use Permit or Outdoor Dining Permits or recommend to the City Council the revocation of this Use Permit or Outdoor Dining Permits, upon a determination that the operation which is the subject of this Use Permit or Outdoor Dining Permits, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This Use Permit and Outdoor Dining Permits shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 0 • Outdoor Dining Permit No. 68 2801 West Coast Highway, and Off -Site Parking Agreement Findings The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for 'Recreation and Marine Commercial' uses and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The approval of Accessory Outdoor Dining Permit No. 68 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. • The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. • That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. • There is an additional secondary off -site lot under the same ownership located at 2620 Avon Street that is available for parking both day and night. • The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of the respective Use Permit No. 2051 and Use Permit No. 2051 Amended, and not an independent use. • The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. • The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. • The restrictions on the use of. solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. • The control of noise can be achieved by the limitation on the hours of operation and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an over -concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. • Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. • The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off -site parking lot for the duration of the restaurant use. • A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off -site parking agreement will be recorded in the County Recorder's Office. • A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2801 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 768 sq. ft. maximum of dining area. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. 4. No live entertainment is permitted in the outdoor dining area. 5. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 6. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. A minimum of twenty-four (24) parking spaces shall be maintained in the off -site lot located at 2620 Avon Street. 8. In the event that the either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 9. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 10. A fee shall be paid for the administrative costs of processing the off -site parking agreement. 11. The revised on -site parking plan and the parking plan for the off -site Pots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 12. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 13. The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 14. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 15. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 16. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 17. All applicable conditions of approval of Use Permit No. 2051 and Use Permit No. 2051 Amended shall remain in force (copy attached). 18. The hours of operation of the outdoor dining area for the restaurant is limited to between the hours of 5:00 p.m. to 10:00 p.m., Monday through Thursday, including private parties and recognized holidays; and 5:00 p.m. to midnight, Friday and Saturday; including private parties and recognized holidays; and 10:00 a.m. to 10:00 p.m. on Sundays, and that any increase in the hours of operation shall be subject to the approval of an amendment to Use Permit No. 2051 and Use Permit No. 2051 Amended. 19. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 20. The patio shall be closed for the evening upon verification of non-compliance with any conditions of this Outdoor Dining Permit No. 68, and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permits. 21. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 22. Should problems arise with regard to tables, chairs or stools encroaching into the public right-of-way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. 23. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 36. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. In determining the project's compliance with the Community Noise Control Ordinance (Chapter 10.26 of the City of Newport Beach Municipal Code), each of the noise level standards specified in Section 10.26.025 and Section 10.26.030 shall be reduced by 5 dBA for a simple tone noise such as a whine, screech, or hum, noise consisting primarily of speech or music, or for recurring impulsive noise such as hammering or riveting. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 60 dBA 50 dBA 27. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 28. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 29. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 30. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 31. The project shall comply with State Disabled Access requirements. 32. All improvements shall be constructed as required by Newport Beach Ordinance and the Public Works Department. 33. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to issuance of the occupancy permit or implementation of the outdoor dining. 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. 34. The Planning Commission may add to or modify conditions of approval to this Outdoor Dining Permit or recommend to the City Council the revocation of this Outdoor Dining Permit No. 68, upon a determination that the operation which is the subject of this Outdoor Dining Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This Outdoor Dining Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 1 CITY OF NEWPOi2T BEACH Application: Q Use Permit No. 36 141 p COMMUNITY AND ECONOMIC DEVELOPMENT ❑ PlanningDirector's PLANNING DEPARTMENT z Use Permit No. 3300 NEWPORT BOULEVARD ❑ G.P.A./Amendment No. NEWPORT BEACH, CA 92658 ! EJ Variance No. (949) 644-3200; FAX (949) 644-325d vl VI/ PART I: Cover Page 61 Proiect Common Name (if apolicabie): B I L L Y' S AT THE BEACH FEES: APPLICANT (Print): CONTACT PERSON (if different): GORDON BARIENBROCK Mailing Address: 2803 WEST COAST HIGHWAY Mailing Address: SUITE #260, NEWPORT BEACH,: CA 92663 Phone:( 94q 574-7600 Fax (949) 574-7610 Phone: ( ) Fax ( ) Property Owner (if different from above): Mailing Address: A j ` C _ , _ z Phone: ) Fax ( ) PROJECT ADDRESS: 2751 WEST COAST HIGHWAY, NEWPORT BEACH, CA. �2663 p Prdject Description (If applying for a variance, also complete attached form for required findings.): OUTDOOR ,])INING ,MORE THAN 25%, PARKING PROVIDED AT AN OFFSITE LOCATION AND INCREASE -IN THE AREA DEVOTED TO ALCOHOLIC BEVERAGE SERVICE. 6 PROPERTY OWNER'S AFFIDAVIT' (I) (We) GORDON BAR I E NBR O C K depose and say that (I am) (we ftre the ownerO of the property(i* involved in this application. (I) (44--) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in al respects true and correct to the best of (my) (err) knowledge and belief. Signature(s) J. NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. PLEASE PROCEED TO: PART II OF THE APPLICATION DO NOT COMPLETE THE BOXED AREA BELOW FOR PLANNING DEPARTMENT USE ONLY.- Indicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc. General Plan Designation: Zoning District: Coastal Zone: YES or NO Date Filed: Fee Pd: Receipt No:� Date Deemed Complete: Hearing Date: Posting Date: Mailing Date: Planning Director Action Date P.C. Hearing_/1. 9•.?o d 0 Date C.C. Hearing F\USERS\PLN\SHARED\1 FORMS\USE-APP.DOC th Appeal P.C. Action erio..�oitaru¢,e.� Appeal C.C. Action PART IL Project Data Sheet Project Common Name: Application Number(s): BILLY' S AT THE BEACH Project Address/Location: Assessors Parcel Number(s): 2351 WEST COAST HWY., N.B., CA. 049_-130-08 Legal; Description (Attach on separate sheet, if necessary): SEE ATTACHED SHEET Existing �Land Use: RESTAURANT/OFFICE Proposed Land Use: RESTAURANT/OFFICE Zoningg District: Land Use Designation: MAKINER`s MILE COMMERCIAL Existing Development Proposed Development Zoning Code Requirement Lot Area (sf) 23,983 Lot Width (ft) 100 Lot Depth (ft) 244 Setback Yards Front (ft) WEST Side (ft) 10 EAST Side (ft) 10 Rear (ft) 8 Gross Floor Area (sf) 6,881 ADD 220 Floor Area Ratio .287 .296 Building Coverage (%) 137. 13.67. Building Height (ft) 29 UNCHANGED Landscaping (%) 47. 4 Paving (%) 4 2 % 4 2 % N/A Parking LOSE THREE (3) ONSITE SPACES` Number of Employees 35 Number of seats 109 ADD 37 OUTDOOR Dwelling Units NA NA 0 'd PART III: Plans Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than 1/2 inch and 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and S sets reduced. All plans shall be collated, stapled and folded to a size of 81h" by 14", maximum. The Planning Director may modify or waive submission requirements if deemed unnecessary to support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. • North arrow. • Scale of the plan. • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities, driveways, walks, and open spaces. • Any structures to be relocated, removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. • Locations, dimensions and descriptions of parking areas. • Location, heights, size and materials of signs. • Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number of the contact person and calculations in tabular form ' showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) 4 B. Floor Plans Floor plans shall be fully dimensioned and show the following information: • Overall building and individual room dimensions, including square footage calculations. • All proposed interior walls and partitions. • Room identification. • Window and door locations. C. Elevations Elevations shall be fully dimensioned and show the following information: • Exterior wall openings. •'` Exterior materials and finishes. 4 • Roof pitches. • All roof mounted equipment and screening. • Heights above grade of all floors, eaves, and ridges: D. Optional Materials • Materials board (specifications and samples of type, color and texture of proposed construction materials). • Color photographs of the subject and adjacent properties. Part IV: Other Information and Materials Each application shall be accompanied by following: A. Property Owners' List and Assessor's Parcel Maas 1. One set of gummed address labels (Avery 5160 or equivalent) containing the names and addresses of owners of the subject property and properties within a radius of three hundred (300) feet of the exterior` boundaries of the subject property (excluding roadsand waterways for commercial properties only) shall' be submitted. The list shall also contain the addresses of occupants of residentially -zoned property within the required prescribed radius only if the Planning Department makes the determination that the project is of significant public 'interest. Additional sets of gummed labels shall be required if the proposed development is appealed or called up for review. 2. An assessor's parcel map(s) indicating the 300-foot radius line and the subject property shall also be submitted. 5 This information shall be prepared by a title company or an ownership listing service doing business in Orange County, utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor's maps, or alternatively, from such other records as contain more recent names, addresses or maps. The information shall be verified by the title company or ownership listing service and be accompanied by a written affidavit. B. Proiect Description and Justification A statement describing the proposed project in detail. This will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application. Particular attentionshould be given relating this information to any findings that must be made in order to approve the application (see table below). Required Findings Application Section Transportation Demand Management Ordinance 20.64.040 Establishment of grade by the Planning Commission 20.65.030 (B-3) Sign Exception Permits 20.67.045 (B) Accessory Outdoor Dining 20.82.050 (B) Waiver of location restrictions for massage establishments 20.87.025 (B) Modification Permits (General) 20.93.040 For condominium conversions 20.83.025, 20.83.035 (B) Use Permits (General) 20.91.035 (A) To exceed base development allocations 20.63.040 (B or C) To allow mixed use developments with less than 0.25 FAR for commercial development 20.63.040 (E) To restore of damage or Destroyed nonconforming structures 20.62.070 Conversion of a Maximum FAR use to a Base FAR use or to a Reduced FAR use, or conver- sion of a Base FAR use to a Reduced FAR use 20.63.050 (B) To transfer development intensity 20.63.080 (I) To modify or waive of off-street parking and loading requirements 20.66.100 (A) For bars and cocktail lounges 20.82.020 (B) For take-out service, limited 20.82.020 (C) Variances (See page 8 of application) 20.91.035 (B) 6 Environmental InformationForm: The Environmental Information Form is intended to provide the basis information nevessary for the evaluation of your project to determine its potential environmental effects. This review provides the basis for determining whether the project may have a significant effect on the environment, as required by state law. After = this information has been evaluated' by the Planning Department, , a determination will be made regarding the appropriate environmental documentation for your project. 7 Variances: Required Findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings,, the strict application of this code deprives such property of privileges enjoyed by other property Y in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residingor working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. To aid staff in determining that the finding can be made in this particular case please answer the following' questions with regard to your request. (Please attach on separate sheet, if necessary.) 1. What exceptional circumstances apply to the property, including size, shape, topography, location or surroundings? PROPOSED OUTDOOR SEATING IN ON THE BAYFRONT, BUT, IS NOT VISIBLE FROM ANY RESIDENCE. 2. Why is a variance necessary to preserve property rights? BILLY" S IS A SMALL RESTAURANT THAT NEEDS ADDITIONAL OUTDOOR SEATING TO BE PROFITABLE AND ACCOMODATE SMOKERS. 3. Why will the proposal not be detrimental to the neighborhood? BILLY ' S IS LOCATED IN A COMMERCIAL AREA AND IT IS NOT CLOSE TO ANY RESIDENCES. 8 IDENTIFICATION OF THE SUBJECT PROPERTY Property Address: 2751 West Pacific Coast Highway Newport Beach, California 92663 Property Location: South side of West Pacific Coast Highway, 1/4-mile east of Ncwport Boulevard, in the City of Newport Beach Assessor's Parcel No.: 049-130-08 Thomas Guide Reference: Orange County, Page 888, Grid J/6 Lef4al Description: The southeasterly 100.00 feet of the Northwesterly 250.00 feet of Lot H of Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 29, Pages 31 to 34 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. This legal description was obtained from a trustee's sale guarantee prepared by World Title Compan,il(No. 2605210-11, dated 1.-25-9,et) and is assumed to be correct. It has not been verified lry legal counsel nor have we commissioned a survey of the property. Therefore, we suggest that this description be verified before being used in a legal document or conveyance. Restaurant J Office Building, 2751 West Pacific Coast Highway, Newport Beach, California 5 Q`Y✓PO CITY OF NEIRT BEACH e� Rr o� PLANNING DEPARTMENT _ = 3300 NEWPORT BOULEVARD • `'<ivon P NEWPORT BEACH, CA 92658 (714) 644-3200; FAX (714) 644-3250 • 0 HearinE Date: Agenda Item No.: Staff Person: July 6, 2000 4 Eugenia Garcia 644-3208 REPORT TO THE PLANNING COMMISSION SUBJECT: Billy's At The Beach, The Chart House (Gordon Barienbrock, applicant) 2751 and 2801 West Coast Hwy. SUMMARY: Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed 25% of the permitted net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for the one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. APPLICATION: Use Permit No. 3674 • Outdoor Dining Permit No. 67 • Outdoor Dining Permit No. 68 • Off -site Parking Agreement Staff requests that this item be removed from calendar pending completion of an acoustical analysis required by the Bayfront Restaurant Regulations. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: EUGENIA GARCIA As ate Planner 0 9 e��WnOR' CITY OF NEWPORT BEACH Hearing Date: June 22, 2000 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: —�-- ��n PLANNING DEPARTMENT Staff Person: Eugenia Garcia SSoo NEWPORT BOULEVARD 644-3208 NEWPORT BEACH, CA 92658 (714) 644-3200o FAX (714) 644-3250 REPORT TO THE PLANNING COMMISSION SUBJECT: Billy's At The Beach, The Chart House (Gordon Barienbrock, applicant) 2751 and 2801 West Coast Hwy. SUMMARY: Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed 25% of the permitted net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for the one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. APPLICATION: Use Permit No. 3674 • Outdoor Dining Permit No. 67 • Outdoor Dining Permit No. 68 • Off -site Parkin, Agreement This item is continued to the Planning Commission meeting of July 6, 2000 to allow for renoticing of the public hearing. Submitted by: PATRICIA L. TEMPLE Planning Director t,l N Prepared by: EUGENIA GARCIA Associate Planner • • City of Newport Beach Planning Commission Minutes November 9, 2000 FILE COPY Koll Office Site B GPA and PC Amendment MacArthur Boulevard/Jamboree Road Review of a Ge61!)ml Plan Amendment and Planned Community Amendment to allow an additiond, 50,000 gross square feet of office use within Office Site B of the Koll Center Newp'64t4KCN) Planned Community. The amendments will provide for the construction of"o.,Ien-story office tower. The applicant requested a continuanceatDecember 7, 2000. Motion was made by Commissioner Agajanidn, to continue this item to December 7, 2000 Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford Kranzl ,,a,h Noes: None Absent: Tucker �+ire..;eaaw•ar.Martiw•:saraatirn'c�:?e4eC+R✓a"A�Gt'�..:cm �:'h:� ,..v`ez. xciiwx..u'a' S„?r :'ems r`C 'rKr, i. v., rx:.r,�* '^�: �.-• , " u SUBJECT: Billy's at the Beach and The Charthouse Restaurant 2751 West Coast Highway and 2801 West Coast Highway • Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 and 68 Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. Associate Planner Eugenia Garcia noted that in the staff report Condition 33 requiring the approval of the Coast Commission if this project were approved, is not necessary and is to be removed. This project is not subject to approval by the Coastal Commission. She then made a visual presentation noting the following: • Location of project in multi tenant building. • Chart House has a significant amount of office use. • Proposal is for outdoor dining for both establishments. • Billy's at the Beach is for 515 square feet approximate and the Chart House is for 168 square feet approximate. • Chart House meets requirement under the Outdoor Dining Ordinance 2 INDEX Item No. 1 GPA 97-3 (B), Zoning Amendment 905, Traffic Study No. 119, and EIR No. 158 Continued to 12/07/00 Item No. 2 Use Permit No. 3674 Off Site Parking Agreement Accessory Outdoor Dining Permit Nos. 67 and 68 Approved City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX as less than 25% of the indoor net public area of the restaurant. • Billy's at the Beach exceeds that by 92 square feet for a total of 515 square feet. • Use Permit is required for that area over 25% for Billy's. • An Off -site parking agreement is in existence for an off site lot at 2700 West Coast Highway. • An additional lot at 2620 Avon Street is also part of the proposed project. • Slides then depicted: ➢ entrance to Billy's ➢ area between the two restaurants where there are currently seven parking spaces that will be reconfigured ➢ bayside views of outdoor dining to be located for both facilities ➢ front of Billy's on the bay with public access easement provided ➢ access easement from Coast Highway to both establishments ➢ additional public access to bay provided (not required) ➢ off site parking behind Seven Seas Travel and Radio Shack where the project owner leases fifty parking spaces under a long-term lease • Leased parking spaces are for nighttime use only. • Off site parking lot at 2620 Avon Street (in close proximity) for additional parking spaces to be provided by applicant. Continuing, Ms Garcia noted that the following findings must be made in approving this application: • Proposed outdoor dining is accessory to restaurant uses. • Proposed outdoor dining is not detrimental to health, safety, peace, comfort and general welfare of the community. • Proposed outdoor dining will not result in the reduction of the existing parking spaces. • Find that the lot is located so as to be useful in connection with the restaurants and the office uses. • Parking on the off site lot will not create undue traffic hazards in the area. • The lots are under the same ownership or the owners of the lots have a common ownership with entitlement for immediate possession and use. • The offsite parking agreement shall be recorded with the Office of the County Recorder. • Fee established by the City Council is paid for administrative costs. • Pursuant to Bayfront Restaurant Regulations an acoustical study is required and is supplied by the applicant. • Recommendations of the Acoustical Engineer have been incorporated into the conditions of approval. At Commission inquiry, Ms. Garcia noted that the Acoustical Engineer did sound testing from across the Bay and took measurements. These have been incorporated as part of the report. The conditions also require no paging or 3 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX amplified music. Speakers are permitted with pre-recorded music. Chairperson Selich asked about the additional parking for Billy's on the Beach, the additional outdoor dining requires the three extra spaces, is that correct? Staff answered yes. Commissioner Kranzley noted, and it was affirmed, that the only reason this project is before the Planning Commission is because they are asking for the additional square footage. Otherwise, it would be done through an Accessory Outdoor Dining Permit and would not require a Use Permit. Public comment was opened. Gordon Barienbrock, 3000 West Oceanfront noted he owns the land at 2801 and 2751 West Coast Highway. Additionally, he owns the land at 2620 Avon that is the additional parking lot being discussed. He noted parking is a concern with this project because we have increased by 92 square feet the outdoor area and we have eliminated three parking spaces. The net affect on parking is negative five spaces and is only a problem during the daytime use. During the day, we have only one restaurant operating, Billy's at the Beach. During the nighttime I am leasing 50 spaces across the street. Those fifty spaces give me a total of 135, that is 12 more than currently needed and 7 more spaces I will need if the proposal is approved. However, during the daytime, we are operating Billy's for lunch on a waiver of 34 parking spaces. The reason the waiver was granted was that during the daytime the crowds are much less than at night; some people during the daytime walk to lunch; parking lot is shared with an office building that is somewhat empty (about 25%) when the workers leave for lunch. A parking attendant during the day provides tandem parking and we can easily add 25 cars to the lot. We have been serving lunch for some time with no problem on the waiver. Now, we will have 5 spaces less. I would like to continue with the waiver and not tie up the property at 2620 Avon with parking agreements. However, I would stipulate that the property at 2620 Avon would only be used as a parking lot for these two buildings. I would agree to make that a condition of the Use Permit. If we put recorded agreements on it, that has lasting affects and for five parking spaces for two hours a day, I hate to tie up an entire lot and never be able to do anything with it. We would agree easily that we would not serve lunch at Billy's if for any reason, anything happens to that parking lot. I have no intention of selling or developing the parking lot, but I would like to keep it as unencumbered as possible. For the last eighteen years, I have been leasing 50 parking spaces across the street. Most of our parking is on site. We have more parking on site than any other restaurant along there with the exception of Windows on the Bay and Asia 101. We have 85 spaces on site, 25 additional cars that can be placed in there with tandem parking. We park some employee cars across the street, roughly 20 a day. We have 30 spaces left for use. In the event that you feel an off -site agreement is necessary, I would go along with it and I would devote the lot at 2620 Avon entirely to this project that could have 26 spaces 4 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX on it. I would then be completely independent of other property owners. Commissioner Kranzley asked how important the outdoor speakers are? Mr. Barienbrock answered that he would like to have some background music. The reasons for the outdoor seating are for smoking and a place for customers to wait for their tables. Billy's would like to do business outdoors during the lunchtime, as it is more desirable. People like to dine with background music. It is not our intention to have any entertainment. Both of the establishments are dinner houses and cater to an older crowd that is fairly conservative and reside in Newport Beach. At Commission inquiry, he noted that the net change in dining seating is 24 for Billy's and a little more for the Chart House. Billy's has a service bar available for customers only, not open to the public. The total increased parking is two parking spaces. We are losing three parking spaces because we are using the parking area, which nets five. This is not a problem in the evening because we have 12 spaces more than necessary but at lunch, we are currently operating under a waiver. We average about twelve cars at lunch and have at least twelve cars left from the office building. There is parking on the other side of Coast Highway and today there was not one car parked between Chili's and the Japanese hotel. That means 20-30 parking spaces were empty. Parking is not a major problem. We have been sharing the parking between the offices and the restaurant for years with no problems. We have parking attendant service from 8 in the morning until midnight with the ability to provide tandem parking if necessary. Commissioner Kiser asked if the parking attendant is for the two restaurants combined. Mr. Barienbrock answered that he has a parking service and it depends on the need. They have worked out what times to work. We would bring in two during the lunch hour if business calls for it. We have never used valets to park customer cars in the off site parking lots including evenings and weekends. Commissioner Kiser then asked about the proposal for the lots. Are you proposing to terminate your lease on the 50 spaces and have your sole off site parking be on the lot that you own? Mr. Barienbrock answered that is not part of this request. If you want an off site parking agreement to cover the five parking spaces, I would grant that with no problem if they could also be incorporated in those other fifty spaces. I don't want to tie up that parking lot for five parking spaces an hour and a half a day. Commissioner Kranzley asked why this dining area was important enough to come to the Planning Commission and was answered that they had to come before the Planning Commission due to moving parking spaces. If it were just the 92 feet, we would not have done it. The space is that big and we could either use it as seating area or additional garden. The restaurants are trying to 5 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX get as much area as they can. Billy's is a very small restaurant. He is trying to make the most of it. We anticipate that the outdoor area will be used in fair weather. During the cold weather, people will move inside. We don't think both areas will be full at the same time. Commissioner Kiser asked about Condition 6, the outdoor speakers ceasing at 10:00 p.m. Sunday through Thursday and either 11 p.m. or midnight Friday or Saturday. Mr. Barienbrock answered he would have no problem shutting them off at 10:00 p.m. all nights. However, he would like to make the decision. He concluded that there will be no noise on Lido Isle, if anybody can hear any of the noise from the restaurants, we will change it so they can't. The background music will be low. The operator of the restaurant is here tonight and can answer any of your concerns regarding the operation and noise. Public comment was opened. Martin Weinberg, 100 Via Lido Nord, spoke in opposition to this application. He asked about the notification process for this item, noting that there would be a substantial showing of people who have an interest on the outcome of this application who live on Lido Isle. Whatever happens to Billy's in that area has an impact on people who live on Nord and Soud as well. It seems unnecessary to have outside speakers along with the doors continually opening for waitress purposes that will also create a lot of noise. Noise travels across the water, we had this same issue with Windows on the Bay and Joe's Crab Shack. If Billy's and the Chart House are granted this application, any waterfront restaurateur will ask for this as well. The noise will be a real problem to the people who live on the water. Ms. Temple noted that when the City Council reviewed specifically notification requirements addressing the separation of the properties by water and/or roads it was amended to require that the City delete the distance of the channels and roadways when determining a 300-foot radius requirement. There is no simple requirement for everybody on Via Lido Nord or Via Lido Soud to be notified. It is anyone within a 300-foot radius, given the omission of the water. This map illustrates for the Commission, the radius that received notice. (presented copy of mailout map to Commission). Chairperson Selich stated that we did follow the City Council procedure in terms of notification. Commissioner Kranzley asked the speaker if it is his wish that no bayfront restaurant would have outdoor dining? He was answered yes, no outdoor dining. Commissioner Kiser asked if there has been a restaurant in the approximate City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX location of Billy's that had outdoor dining? Mr. Weinberg answered Joe's Crab Shack. They put in triple windowpane and closed their windows. We do not hear any music from other restaurants on the waterfront. Our house is opposite of Billy's and just to the left. Richard Wood, 117 Via Lido Soud noted that in this area, our property values are very strong. I am much more concerned about empty restaurants such as Windows on the Bay and the Cannery, places like that affecting our property values. Secondly, I am a newcomer to Lido, been there for four and one half years, I live around the corner. I want to respect anyone's desire to not have noise especially late at night affecting their homes and lives. In the time that have lived there, the noise we have is from ambulances, boats and traffic. I don't hear a lot of noise coming from the restaurants. From what I have seen in this staff report, they are not proposing to have live music outdoors or a lot of things happening outdoors or late at night. I would like to see calm minds prevail here, and see that we protect our businesses in the neighborhood and in Newport Beach as well as protect our neighborhoods. Bill Kreg, owner of Billy's at the Beach restaurant; 601 Lido Park Drive stated that he would be one of the people who would have a problem if the property devaluated due to restaurant noise that was so loud that no one would want to live in that area. I can assure you that we have no intention to have loud music, loud customers or anything else that would be disruptive to our diners. The main reason I want the patio open is because I think people should have a chance to dine on the bay, relax and enjoy the scenery. There are five restaurants in Lido Village, notable Mama Mia's, George's Camelot, Bayfront Cafe and Les Bistro that all have outdoor dining and they don't seem to be disturbing anybody. There will be no noise carrying across the water. Alice Brewer, 222 Via Lido Nord noted that since the Windows patio has been closed, there is peace and tranquillity in my home. There was quite a bit of noise that disturbed us. My concern is having the speakers on the patio because that sound does carry. Ms. Temple noted that the only outdoor area that has permission for live entertainment in an outdoor dining area is the Buzz. Lynn Valesko, 310 Via Lido Nord noted that there is a lot of noise that emanated from the Balboa Bay Club. The noise is terrible during the summer when the boats cruise our bay. I don't believe that we need any more loudspeakers or music blasting across the bay and disturbing the residents in their homes. Gordon Barienbrock noted that this project is not across the bay from Lido Isle. If you go out 90 degrees to our bulkhead, you have to turn 45 degrees to get to Lido isle. The Billy's building itself will block most of the noise that might be going City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX in that direction. It is a lot different from Windows on the Bay, which is directly across on a narrow part of the bay. It is very different than Joe's Crab Shack that is directly across. Joe's has the building behind it; the noise has no direction to go except across the water. Our noise is going to go in two different directions. It is not like we have a resonating wall behind us that is amplifying the noise. Additionally, the bay is much wider than it is in front of Joe's Crab Shack. Public comment was closed. Chairperson Selich noted his recollection that several years ago there was a committee formed to establish procedures for noise on the outdoor dining areas. There was a policy adopted on that, is that correct? Ms. Wood answered that the City Council asked both the Economic Development Committee and the Environmental Quality Affairs Committee to look at perhaps developing some standard conditions of approval to address these issues. Each of those committees appointed a sub -committee and they worked jointly. We retained a noise engineer to review our Noise Ordinance and the specifics of the issues we were dealing with, had some recommendations from him that we really couldn't establish standard conditions of approval. Each case would be different because of its location, geographic and topographic conditions. It was recommended that what we needed to do was to have an Acoustical Study done for each one of these applications on the bayfront. The City Council did adopt those regulations and that is what we have asked the applicant to comply with in this case. We have the report from Mestre Greve and Associates. Chairperson Selich stated that the applicant has complied and the staff went through the study in accordance with the City Council policy. The City Council did not ban outdoor dining on the bayfront? Ms. Wood answered no; the City Council did not ban outdoor dining on the bayfront. Commissioner Kranzley noted his support of the application with the following changes: 0 4r� • No additional 92 square feet of outdoor dining; keep it within the 25% net public area limitation. • Adding a condition requiring a reduction of 5 decibels for certain noises that are particularly troublesome: whines, screeches, hums and noise consistent primarily with speech and music. • No outdoor speakers. However, they can come back in a year for this to be considered. • A signed Parking Agreement on the Avon lot and then however we need to manage the parking spaces with the lease that he has. 0 0 0 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX Senior Planner Patrick Alford noted that the condition is from the Newport Dunes application. It refers to Chapter 10.26 of the Municipal Code that establishes a number of noise thresholds for different types of land uses for different times during the day. Essentially if the noise source falls within one of these categories, then you would take those thresholds, reduce them by 5 decibels and that would be the standard that would apply. Chairperson Selich asked if this was enforced at the time someone is out measuring the noise? Is it an enforcement item basically? He was answered yes. Commissioner McDaniel noted that this is not big waterfront, this is dining between those buildings. The noise that is carrying already is cars screeching, slamming doors etc. in that area. Ms. Garcia added that the outdoor dining is between the two buildings and set back from the Chart House. That is an inlet where boats are docked and that also buffers noise somewhat. Commissioner Agajanian noted that Condition 22 states should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining. How is the Planning Department going to exercise that right? Ms. Garcia answered that it would be by complaints by the public to our Code Enforcement Division. The Planning Director would make any decisions. It could also be brought back to the Planning Commission if the Director felt it was necessary. There is a condition included in the staff report that requires additional studies if this does become a problem. Commissioner Gifford stated she wanted to be sure about the interaction of Condition 22 that states should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating and with respect to Condition 36 that is a standard condition that the Planning Commission can add to or modify the conditions of approval. The standard language states that upon determination that the operation which is the subject of this use permit or out door dining causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. With respect to noise, would there have to have been a determination by the Planning Director before the Planning Commission could call it up? Ms. Temple answered that wording would allow either the Planning Director or the Commission to make such a determination. Commissioner Kiser stated he did not see valet parking requirements in the 0 • City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX conditions. Did I miss that? Ms. Garcia answered that the valet parking was approved with a prior use permit and those conditions still stand as previously approved. Motion was made by Commissioner Kranzley to approve UsePermitNo. 3674, Off v� site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 and 68 subject to findings and conditions in Exhibit A with the following changes: Condition 2 shall be 425 square feet not 515 square feet; Condition 4 shall read no outside paging system shall be permitted; Condition 6 is to be eliminated; Condition 27 insert the additional noise levels; and eliminate Condition 33. Commissioner Gifford added that with respect to Condition 4 and the suggested change I am not sure that excludes outdoor speakers. If that is the intent. The wording of, and speaker can be inserted. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley Noes: None Absent: Tucker EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3674 Outdoor Dining Permit No. 67 Outdoor Dining Permit No. 68 Off -Site Parking Agreement Use Permit No. 3674 and Outdoor Dining Permit No. 67 2751 West Coast Highway Findings: The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial" uses and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Use Permit No. 3674, Accessory Outdoor Dining Permit No. 67, and Off -Site Parking Agreement, will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and 11C City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. • The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. • That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. • The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. • There is an additional secondary off -site lot under the same ownership, located at 2620 Avon Street that is available for parking both day and night. • The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of previous Use Permit No. 3328 and Use Permit No. 3328 Amended, and not an independent use. • The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. • The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. • The control of noise can be achieved by the limitation -on the location of the live entertainment and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an over - concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. • Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. • The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off - site parking lot for the duration of the restaurant use. • A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off- 11 City of Newport Beach Planning Commission Minutes November 9 2000 INDEX site parking agreement will be recorded in the County Recorder's Office. A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2751 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 34-5 425sq. ft. maximum of dining area and 220 sq. ft. of service areas. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. 4. No outside paging or speaker system shall be permitted. ae^' the spec er Gemmu niiy Noise %lrl`i1r1l RGe GRGI ry e limited te 5. No live entertainment is permitted in the outdoor dining area. 7. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 8. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. A minimum of twenty-four (24) parking spaces shall be maintained in the off - site lot located at 2620 Avon Street. 10. In the event that either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway shall be approved, or that portion of the outdoor dining area that crosses the property line shall be 12 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX removed. 11. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 12. A fee as shall be paid for the administrative costs of processing the off -site parking agreement. 13. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 15. The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 16. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 17. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 19. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic 13 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 20. All applicable conditions of approval of Use Permit No. 3328 Amended shall remain in force (copy attached). 21. The hours of operation of the outdoor dining area are limited to between the hours of 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to midnight, Friday and Saturday; and that any increase in the hours of operation shall be subject to the approval of an amendment to this application. 22. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 23. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 24. The patio shall be closed for the evening upon verification of non- compliance with any conditions of this Use Permit or Outdoor Dining Permit and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permit. 25. Should problems arise with regard to tables, chairs or stools encroaching into the public right-of-way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. 26. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 27. The live entertainment shall be confined to the interior of the restaurant and 14 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. Leudspeaker�Tsideof the live en$ertGinmeRt +tithe—exteko of the h ilGliRg. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. inGl „ ed ,.,;thin +hi, ro„, ,;�o�,o.,+. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. In determining the project's compliance with the Community Noise Control Ordinance (Chapter 10.26 of the City of Newport Beach Municipal Code), each of the noise level standards specified in Section 10.26.025 and Section 10.26.030 shall be reduced by 5 dBA for a simple tone noise such as a whine, screech, or hum, noise consisting primarily of speech or music, or for recurring impulsive noise such as hammering or riveting. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of Commercially zoned property: 65 dBA 60 dBA Measured at the property line of Residentially zoned property: 60 dBA 50 dBA 28. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 29. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 30. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 31. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 15 0 • City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX 32. The project shall comply with State Disabled Access requirements. 34. All improvements shall be constructed as required by Newport Beach City Ordinance and the Public Works Department. 35. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to the issuance of the occupancy permit or implementation of the outdoor dining. 36. The Planning Commission may add to or modify conditions of approval to this Use Permit or Outdoor Dining Permits or recommend to the City Council the revocation of this Use Permit or Outdoor Dining Permits, upon a determination that the operation which is the subject of this Use Permit or Outdoor Dining Permits, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 37. This Use Permit and Outdoor Dining Permits shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. Outdoor Dining Permit No. 68 2801 West Coast Highway, and Off -Site Parking Agreement Findings 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for 'Recreation and Marine Commercial' uses and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Accessory Outdoor Dining Permit No. 68 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The proposed outdoor dining is consistent with the Land Use 16 • 0 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX Element of the General Plan, and is compatible with the surrounding land uses. • The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. • That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. • There is an additional secondary off -site lot under the same ownership located at 2620 Avon Street that is available for parking both day and night. • The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of the respective Use Permit No. 2051 and Use Permit No. 2051 Amended, and not an independent use. • The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. • The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. • The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. • The control of noise can be achieved by the limitation on the hours of operation and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an over - concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. • Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. • The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off - site parking lot for the duration of the restaurant use. • A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off - site parking agreement will be recorded in the County Recorder's Office. • A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 17 0 • City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX • Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2801 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 768 sq. ft. maximum of dining area. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. GOMM ROY NE)iSe !Orlin! RGe and it limited to p FeGerded mUciG ORIY 5. No live entertainment is permitted in the outdoor dining area. 7. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 8. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. A minimum of twenty-four (24) parking spaces shall be maintained in the off - site lot located at 2620 Avon Street. 10. In the event that the either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 11. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking IN 0 • City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 12. A fee shall be paid for the administrative costs of processing the off -site parking agreement. 13. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 15. The applicant shall maintain the trash dumpsters or receptacles so as to control odors, which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 16. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 17. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 18. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 19. All applicable conditions of approval of Use Permit No. 2051 and Use Permit No. 2051 Amended shall remain in force (copy attached). 20. The hours of operation of the outdoor dining area for the restaurant is limited to between the hours of 5:00 p.m. to 10:00 p.m., Monday through Thursday, including private parties and recognized holidays; and 5:00 p.m. to midnight, Friday and Saturday; including private parties and recognized holidays; and 19 • 0 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX 10:00 a.m. to 10:00 p.m. on Sundays, and that any increase in the hours of operation shall be subject to the approval of an amendment to Use Permit No. 2051 and Use Permit No. 2051 Amended. 21. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 22. The patio shall be closed for the evening upon verification of non- compliance with any conditions of this Outdoor Dining Permit No. 68, and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permits. 23. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 24. Should problems arise with regard to tables, chairs or stools encroaching into the public right-of-way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. 25. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 38. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. se Rd system shG!l be iRGlUded WithiR this req iFeF eRt The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. In determining the project's compliance with the Community Noise Control Ordinance (Chapter 10.26 of the City of Newport Beach Municipal Code), each of the noise level standards specified in Section 10.26.025 and Section 10.26.030 shall be reduced by 5 dBA for a simple tone noise such as 20 • City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX a whine, screech, or hum, noise consisting primarily of speech or music, or for recurring impulsive noise such as hammering or riveting. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 60 dBA 50 dBA 27. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 28. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 29. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 30. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 31. The project shall comply with State Disabled Access requirements. 32. All improvements shall be constructed as required by Newport Beach Ordinance and the Public Works Department. 33. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to issuance of the occupancy permit or implementation of the outdoor dining. 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. 34. The Planning Commission may add to or modify conditions of approval to this a City of Newport Beach Planning Commission Minutes November 9, 2000 Outdoor Dining Permit or recommend to the City Council the revocation of this Outdoor Dining Permit No. 68, upon a determination that the operation which is the subject of this Outdoor Dining Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This Outdoor Dining Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. SUBJECT: Revocation Hearing for Use Permit 3626 (Buzz) 3450 Via Oporto Use Permit No. 3626 (continued from October 5, 2000) Consider whether to revoke Use Permit 3626 (Buzz) on grounds that the approval was based on erroneous or misleading information or misrepresentation and that there are violations of the terms or conditions of the approval or other laws or regulations and that entitlement granted by the use permit has been discontinued for more than 180 consecutive days. Chairperson Selich stated that tonight's proceedings involved a consideration by the Planning Commission as to whether the Use Permit approved in 1998 for a full service restaurant and entertainment facility at 3450 Via Oporto should be revoked. I understand that there may be a request by the business for a continuance of this matter. Whether a continuance of these proceedings should be granted lies within the sole discretion of the Planning Commission. Given the length of time the alleged violations have been occurring and the serious nature of those alleged violations, a requested postponement of the hearing should be supported by some compelling justification. The applicant has already been given one continuance. Unless there is an objection by any member of the Commission I would propose we do the following this evening: • Open Public Hearing • Hear from staff • Hear from business operator • Hear from any other persons wishing to speak ( 3 minute testimony) • Ask any questions that we might have and see what progress can be made towards a decision. • Then consider any request (should it be requested) for a continuance and whether it is appropriate. • The business operator will be given the last opportunity for rebuttal prior to our deliberations. I want to be sure that everyone comes forth and presents all their evidence and testimony this evening, that they have and not be under the assumption that there is going to be a continuance in this matter. I propose the hearing go 22 INDEX Item No. 3 Use Permit No. 3678 Approved R 1+ 0 �EWPoR, CITY OF NEWPORT BEACH PLANNING DEPARTMENT u _ 3300 NEWPORT BOULEVARD C'kip 9/P NEWPORT BEACH, CA 92658 (714) 644-3200; FAX (714) 644-3250 Hearing Date: Agenda Item No.: Staff Person: Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: Billy's At The Beach, The Chart House 2751 and 2801 West Coast Hwy. (Gordon Barienbrock, applicant) November 9, 2000 2 Eugenia Garcia 644-3208 14 days PURPOSE OF APPLICATION: Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for additional required parking spaces for the dining area and for the elimination of on -site parking spaces and relocation to the off -site lot. ACTION: Approve, modify or deny: • Use PermitNo. 3674 (Amended) • Outdoor Dining Permit No. 67 • Outdoor Dining Permit No. 68 • Off -Site ParkingAgreement LEGAL DESCRIPTION: A portion of Lot H, Tract 919 ZONE: SP-5, Mariner's Mile Specific Area Plan No. 5 OWNER: Gordon Barienbrock, Newport Beach Points and Authority • Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational Marine Commercial" uses. A restaurant is a permitted use within this designation. The proposal is consistent with the Land Use Element and Local Coastal Plan policies and guidelines. • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). i • Use Permit procedures are set forth in Chapter 20.91 of the Municipal Code. Accessory Outdoor Dining Permit procedures are set forth in Chapter 20.82. Off -Site Parking procedures are set forth in Chapter 20.66.080. • Coastal Zone Compliance The project is located in the Coastal Zone and Coastal Commission approval will be required. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 2 CLIFF DR410 sT �� OFF -SITE PARK e � LOT 1 Subiect Property and Surroundins Land Uses Current Development: The subject properties are developed with an office building/restaurant at 2801 W. Coast Hwy. at 2751 W. Coast Hwy. To the north: Across West Coast Highway, is the China Palace Restaurant To the east: Is the Pacifica Marina Office Building To the south: Is Newport Bay To the west: Is an office building and restaurant Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 3 Project Description The proposed project is to add outdoor dining area to two adjacent restaurants, Billy's At The Beach, and the Chart House, located in the Mariners Miles Specific Plan on the water side of West Coast Highway. To the east of Billy's is the Rusty Pelican Restaurant and to the west of the Chart House is the Pacific Marina office building. Both restaurants require the approval of an accessory outdoor dining permit, and a use permit is required for Billy's At the Beach because the outdoor dining area will exceed the allowable 25% of the interior net public area of the restaurant. The proposal will include the reconfiguring of existing on -site parking and the use of an existing off -site lot located at 2700 West Coast Highway under a previously approved off -site parking agreement and an additional lot located at 2620 Avon Street, for which an off -site parking agreement is required. The two restaurant properties and the Avon Street parking lot are under the same ownership and the West Coast Highway parking lot is leased to the applicant for nighttime use. No physical changes are to occur within the interior of the restaurants and the hours of operation will remain the same. Billy's At The Beach, located at 2751 West Coast Highway, is within an existing two-story commercial building, with the restaurant located on the ground floor and offices on the second floor. The existing restaurant contains approximately 3,437 square feet of gross floor area and the office portion of the building occupies 3,444 square feet. Billy's is a full service restaurant with on - sale alcoholic beverages, live entertainment and valet parking. The restaurant is open from 11:00 a.m. to 2:00 a.m. daily. The Chart House, located on the lot next door at 2801 West Coast Highway, is within a 22,400 square foot, three-story commercial building with the restaurant occupying the ground floor and daytime office uses occupying the upper floors. The restaurant is approximately 6,088 gross square feet and the office portion of the building occupies approximately 16,312. square feet. The restaurant is a full service facility with on -sale alcoholic beverages and valet parking. The restaurant is open from 5:00 p.m. to 2:00 a.m. Monday through Saturday, Sunday brunch, and private parties on Saturdays and recognized holidays. Both restaurants utilize a shared parking arrangement between the daytime office uses and the nighttime restaurant uses, as well as the off -site lot at 2700 West Coast Highway. Background 2801 West Coast Highway -The Chart House On March 8, 1982, the City Council approved Use Permit No. 2051 to construct the office building and restaurant (the Chart House) at 2801 West Coast Highway which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and exceeds the permitted .5 times the buildable area of the site. A modification was approved to allow the use of compact car spaces for a portion of the required off-street parking and to allow proposed parking spaces to encroach into the required front setback area. Valet service for the restaurant use, approval of an off -site parking agreement for a portion of the required parking, acceptance of an environmental document, and a Traffic Study were approved. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 4 On September 4, 1986, the Planning Commission approved an amendment to Use Permit No. 2051 allowing the Chart House restaurant to open for Sunday brunch and for private parties on Saturdays and recognized holidays. An amendment to the previous off -site parking agreement was also approved. 2751 West Coast Highway-Billy'sAt The Beach On January 5, 1989, the Planning Commission approved Use Permit No. 3328 which permitted the establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment on the ground floor portion of the commercial building. The approval included the use of a full time valet parking service in conjunction with the restaurant, the approval of an off -site parking agreement which allows a portion of the required nighttime parking to be located in an off -site location, at 2700 West Coast Highway, and the approval of a Traffic Study. At its meeting of March 13, 1989, the City Council approved the off -site parking agreement for the restaurant. On June 8, 1995, the Planning Commission approved an amendment to Use Permit No. 3328 to change the opening hour of operation of the restaurant to 11:00 a.m. daily for lunch, instead of 5:00 p.m. At the time of approval, there were 9 excess parking spaces and the midweek daytime lunch operation required 43 parking spaces. The approval included a waiver of 34 of the required daytime parking spaces. A copy of the minutes from the Planning Commission meeting are attached. Conformance with the General Plan and The Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The existing restaurants are a permitted use within this designation. The General Plan also allows a variable Floor Area Ratio of 0.5/0.75 for the subject property which allows a Base Development Allocation of 0.5 FAR. The existing development on the office/restaurant sites are in compliance with the Floor Area Ratio provisions of the Zoning Code and the Land Use Element of the General Plan. In accordance with the provisions of the California Coastal Act, the subject project also requires the approval of a Coastal Permit. Analysis The outdoor dining areas for the restaurants will be located adjacent to each other at the common property line, in an area between the two restaurants on the ground floor (see photo, page 6). The design will include a six foot glass wind and noise barrier on both the harbor side and the street side of the patio and will also include a stationary 36 inch wall to separate the areas of the patio designated for each restaurant. The areas will have a common partition wall but will operate Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 5 independently of each other with separate access to each. Both restaurants will retain their current themes with full menu service available at all times. Billy's At The Beach is proposing a 515 square foot outdoor dining area with a 220 square foot service area, to be accessed from the interior of the restaurant. The total gross square footage of the restaurant is 6,881 square feet with a net public area of 1,691 square feet. The Code permits the area of the outdoor dining for a restaurant up to 25% of the interior net public area of the restaurant without the requirement for additional parking. In this case, 25% equates to approximately 423 square feet. The proposal is 92 square feet more than is permitted and will require additional parking. The owner proposes to open the outdoor dining utilizing the restaurant's existing hours of operation. The Chart House is proposing 768 square feet of outdoor dining area that is not accessed through the interior of the restaurant but is separated from the main building by a stairway and corridor that provides public access to the bay. The site's development will continue to provide the access to the bay in this location with a 10 foot wide walkway. The restaurant is 6,088 square feet and the net public area of the restaurant is 3,190 square feet. The permitted 25% of the interior net public area of the restaurant is approximately 798 square feet. The plans indicate that the outdoor dining area for the Chart House is proposed at 768 square feet which is below the allowable 25%. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 6 9 0 Project Characteristics Billy's At The Beach Chart House Live Entertainment: Yes No Dancing: No No Valet Parking Service: Yes (full time) Yes (full time) Number of Employees: 20 to 25 employees 20 to 25 employees Hours of Operation 11:00 a.m. to 2:00 a.m. daily 5:00 p.m. to 2:00 a.m., Mon.- Thur. Sunday brunch, private parties and recognized holidays Staff Recommendation for 11:00 a.m. to 10:00 p.m. Outdoor Dining Areas Sun.-Thurs. 5:00 p.m. to 10:00 p.m. 11:00 a.m. to 12:00 midnight Mon.-Thurs., private parties Fri. & Sat. and recognized holidays 5:00 p.m. to 12:00 midnight Fri. & Sat., private parties and recognized holidays 10:00 a.m. to 10:00 p.m. Sunday brunch and dinner Restaurant Area Gross 3,437 sq. ft. 3,437 sq. ft. Net Public Area 1,691 sq. ft. 3,190 sq. ft. Permitted 25% Outdoor Dining 423 sq. ft. 797 sq. ft Proposed Outdoor Dining Area 515 sq. ft. 768 sq. ft. Accessory Outdoor Dining Section 20.82.050 of the Newport Beach Municipal Code provides that the Planning Director may approve an application to add or expand outdoor dining to an existing Eating and Drinking Establishment provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment, or 1000 square feet, whichever is less, and is accessory to any indoor dining. In approving an application for accessory outdoor dining, the Planning Director must make the following findings: 1. That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 7 The outdoor dining areas for Billy's At The Beach and the Chart House Restaurant are located in an area between the two restaurants with no separate kitchens or cooking areas. Therefore, the outdoor dining areas are accessory to the principle restaurant use. 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Restrictions on the use of outdoor -amplified sound and patio speakers and compliance with the provisions of the Municipal Code, Community Noise Ordinance, and Acoustical Study recommendations, should limit potential noise impacts on the neighboring commercial businesses and residential uses. Additionally, the limited hours of the outdoor dining areas (further discussed in this report) should prevent noise from adversely impacting the residential uses in the neighborhood. 3. That the proposed accessory outdoor dining will not be located so as to result in a reduction of existingparking spaces. The outdoor dining expansion will result in a reduction of on -site parking spaces, but the spaces will be replaced in an off -site lot, with the approval of an off -site parking agreement. Bayfront Restaurant Regulations On June 8, 1998, The City Council approved the Bayfront Restaurant Regulations to address issues of noise associated with inside bayfront restaurants and impacts from activities that occur outside the restaurants. The approval by the Council included the requirement for acoustical studies for all new Bayfront restaurant development, additions or intensification; and added a consideration of additional Code Enforcement and Police staff to monitor restaurant operations on weekend evenings. A copy of the staff report and minutes of the June 8, 1998 City Council meeting are attached for the Commission's information. The required acoustical study is to address noise from activities associated with the restaurants, including atmospheric and topographic characteristics and their effect on noise received in nearby residential areas, with recommendations for compliance with Newport Beach noise regulations. An acoustical study submitted by the applicant's consultant (attached) indicates that the primary noise for the outside seating area is anticipated to be background music from outside speakers. The study further indicates that the background music must be low enough so as to not interfere with normal human conversation. Noise levels were studied for the background music from across Newport Bay and found to be well below the appropriate levels and is reduced further by the proposed 6 foot glass barriers. Additional information from the consultant regarding noise associated with the bussing of tables indicates that the noise will be less than the conversation levels of the patrons and the music combined and that the glass barrier should adequately reduce the level of the noise associated with Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 8 0 0 the outdoor operation of the dining area. A condition of approval has been included requiring a minimum six foot glass partition barrier be installed around the perimeter of the outdoor dining area. Hours of Operation -Outdoor Dining The applicant is requesting that the hours of operation for the outdoor dining areas coincide with the approved hours of operation for the two restaurants. In other similar applications for outdoor dining, staff has recommended that the closing hour of the outdoor dining be earlier in the evening than the main restaurant, so as to not disturb residents in the area or across the bay. In trying to protect the residential neighbors from impacts from the patio operation, it has been discussed in prior similar applications that establishing an earlier closing hour for the patio may present problems from an occupancy standpoint. Closure of the patio would require the relocation of patrons to either inside the facility (which if fully occupied will result in an overcrowding situation and a fire code violation) or compelling the patrons to leave the facility (which could create tension among patrons and employees). In previous applications, the City Council has approved the hours of operation for outdoor patio closure as 10:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday. In order to be consistent with this, staff is recommending the above hours for both Billy's At the Beach and The Chart House. The use permit for the Chart House permits the restaurant to operate for Sunday brunch, private parties and recognized holidays in addition to their normal hours of operation. Staff is recommending that the hours for the outdoor dining for Sunday brunch be from 10:00 a.m. to 10:00 p.m., and for private parties, and recognized holidays be limited to a closing time of 10:00 p.m. Sunday through Thursday and 12:00 midnight on Friday and Saturday. Additionally, regardless of the closing time established, compliance with the Noise Ordinance will limit impacts from the patio, and the hours may be revised at the reviews provided for in condition No. 29 and 30 if there are unacceptable impacts. Loudspeakers and Paging System Staff has recommended a condition of approval requiring that the sound system in the outdoor patio area be restricted from use in conjunction with the sound system for the interior live entertainment for Billy's and further requires the closing of windows and doors for the interior of the restaurant after 8:00 p.m. in the evening. Additionally, conditions prohibiting the use of a paging system, and that the use of the speakers for both restaurants be utilized for pre-recorded music shall cease at 10:00 p.m. Monday through Thursday, and 11:00 p.m. on Fridays and Saturdays are included. The speaker system shall also be designed and utilized in such a way as to comply with the provisions of the Community Noise Ordinance requirements. If noise associated with the live entertainment is not confined to the interior of the building and complaints are received, the Planning Director may review the noise issue and require that a monitoring system be installed outside the building to monitor the noise, which may result in further review of this use permit Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 9 0 • Public Access To The Bay The Coastal Act of 1976 requires that "public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects..." When the original use permit for the commercial building was approved in 1982, the project was to provide the required public access which is two, 6 foot wide vertical access walkways (one on each side of the building) and a 6 foot by 12 foot horizontal walkway adjacent to the water. In order to continue to meet the public access requirement, a 6 foot wide access easement that is currently provided, will continue to be provided on both sides of the Chart House (one on the along the westerly property line and one along the corridor separating the outdoor dining from the main building). Another 6 foot side access easement is currently provided and will continue to be provided along the easterly property line for the property at 2751 West Coast Highway (Billy's). Additionally, approval of Use Permit No. 3328 in 1989 for the construction of the building at 2751 W. Coast Highway required the provision of a 10 foot wide easement along the bay frontage of the property in order to provide unobstructed public access to the bay. A similar condition was required for the 2801 W. Coast Hwy. property with the approval of Use Permit No. 2051 in 1982 for a 6 foot wide access easement across the bayside of the parcel. The plans indicate and staff s site visit confirms that the easements are provided. Off -Street Parking The existing restaurant facilities have a complex parking arrangement with shared on -site parking for day and night uses and an off -site location for night use. The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the two properties. In order to determine the parking requirements and the availability of parking on both lots and the two off -site lot locations, a brief parking history follows: June 12, 1981: First off -site parking agreement between the owners of 2751 W. Coast Hwy. (currently Billy's) and 2700 W. Coast Hwy. for 50 nighttime parking spaces located to the rear of the property at 2700 W. Coast Hwy. for the use of a proposed office/restaurant at 2751 W. Coast Hwy. November 19, 1981: Lease Amendment to Off -Site Parking Agreement. 2751 W. Coast Hwy. permitted to lease 30 of the 50 spaces for nighttime use, in the 2700 W. Coast Hwy. lot to a new proposed restaurant located at 2801 W. Coast Hwy. (Chart House).' 1 2751 and 2801 West Coast Highway under separate ownership at this time. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 10 0 • July 1, 1982: Sublease Agreement approved between 2751 (Billy's) and 2801 W. Coast Hwy. (Chart House) for the 30 spaces in the lot at 2700 W. Coast Hwy. March 8, 1982: Use Permit No. 2051 for 2801 W. Coast Hwy. to establish office and restaurant use. Approved the Off -Site Parking Agreement for 30 spaces for the Chart House from 2700 W. Coast Hwy. and 18 spaces from 2751 W. Coast Hwy. (Billy'). Sublease of the 30 spaces approved on December 14, 1988. June 13, 1983: City Council approved the Off -Site Parking Agreement. September 4, 1986: Use Permit No. 2051 was amended to allow the Chart House to open for Sat. and Sun. lunch (and recognized holidays). Amended the Off -Site parking agreement between 2751 W. Coast Hwy. (Billy's) and 2801 W. Coast Hwy. (Chart House) to give additional 7 spaces for the Chart House, for a total of 25 spaces to the Chart House. January 5, 1989: Use Permit No. 3328 approved to establish nighttime only restaurant at 2751 W. Coast Hwy. (Billy's). 43 spaces required (32 on -site and 20 off - site at 2700 W. Coast Hwy.). Off -Site parking agreement approved. March 13, 1989: Off -Site Parking Agreement approved by City Council. Between 1989 and 1995: The owner of the Chart House property (2801 W. Coast Hwy.) purchased the property at 2751 West Coast Hwy. (Billy's) June 8, 1995: Use Permit No. 3328 (Billy's) was amended to allow daytime lunch seven days a week. 9 parking spaces were allocated back to 2751 from 2801. The daytime lunch operation required 43 spaces minus the 9 spaces, which is equal to a parking requirement of 34 parking spaces for the lunch operation. The 34 parking spaces were waived with this approval. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 11 U Parking Table 1 represents the parking that currently exists on the site and the number of parking spaces to be provided with the changes to the proposed parking. Since the applicant has ownership of both 2751 West Coast Highway and 2801 West Coast Highway which utilizes a shared parking concept, and has a long-term parking lease with the owner of 2700 W. Coast Highway, the numbers represent a total number of spaces available for all uses. Parking Table 1 EXISTING PROPOSED Daytime Nighttime Daytime Nighttime Available Parking: On -Site: 86 86 83 83 Off-site-2700 West Coast 0 50 0 50 Hwy 86 136 83 133 Total Available Parking - Office use: Billy's At The Beach 13 0 13 0 Chart House 64 0 64 0 Subtotal: 77 0 77 0 Restaurant: Billy's At The Beach 92 43 9 43 Chart House 0 80 0 80 Subtotal: 9 123 9 123 Outdoor Dining: 0 Chart House 0 0 0 0 Billy's 0 0 3 3 Subtotal: 0 0 3 3 Total Required Parking: 86 123 89 126 Deficit/Surplus No deficit 13 space 6 space deficit 7 space 34 waived surplus plus 34 surplus waived 2 A waiver of 34 parking spaces for daytime use was approved with Use Permit No. 3328Amended Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 12 There are currently 86 on -site parking spaces between the two properties for day and night use, and 50 leased spaces in the off -site lot at 2700 West Coast Highway for nighttime use only. The Chart House Restaurant requires 80 parking spaces (3,190 sq. ft. of net public area divided by 40 = 79.75 or 80 spaces) after 5:00 p.m. for the restaurant use. The office uses during the daytime, requires 64 parking spaces. Billy's At the Beach requires 43 parking spaces (1,692 sq. ft. of net public area divided by 40 = 42.3 or 43 spaces) for both day and night, although 34 spaces were waived for the daytime restaurant use, for a total of 9 spaces required. The office uses during the day require 13 parking spaces. The total daytime requirement is 22 spaces for the 2751 W. Coast Highway site. The existing total daytime parking requirement is 86 parking spaces and the total nighttime parking requirement is 123 parking spaces. Parking Requirements for Proposed Operational Changes Chapter 20.82.050, Accessory Outdoor Dining permits eating and drinking establishments to add or expand outdoor dining without providing additional parking, provided that the outdoor dining area does not exceed the permitted 25% of the interior net public area of the restaurant. Any area above the 25% is required to provide additional parking. The outdoor dining area for 2751 West Coast Highway will require 3 additional parking spaces for the area of the outdoor dining that exceeds the permitted 25% (515 sq. ft. — the permitted 423 sq. ft. = 92 sq. ft. divided by 40 = 2.3 or 3 spaces). In order to locate the dining area between the two buildings, seven parking spaces will be eliminated in that location and the parking lot will be reconfigured to replace 4 spaces, with a loss of 3 spaces. The current parking totals do not result in parking deficiencies, whereas, the proposed project will result in a 6 space deficit for daytime use, assuming continuation of the 34 space daytime waiver for Billy's At The Beach. The proposed addition of the outdoor dining will raise the parking requirement for daytime uses by 3 (from 86 to 89 spaces). The three spaces will also raise the nighttime parking requirement by 3 spaces (from 123 to 126 spaces). Since there will be a total of 83 daytime spaces available for all uses after construction of the patio, there will be a 6-space deficit during the day and a surplus of parking in the evening when the offices are closed. The applicant has purchased a vacant lot located at 2620 Avon Street, which has 24 available parking spaces for both day and night use. Under the applicant's current proposal, the lot on Avon street would be for additional parking for both day and night use, although the applicant does not wish to have a formal off -site parking agreement for this lot. Although staff recognizes that there is a surplus of parking spaces in the evening without this additional lot, there is a deficit of 34 parking spaces during the weekday lunchtime (waived in 1995). Additionally, in order to accept the applicant's proposed parking arrangement without the additional off -site lot, a waiver of 3 additional parking spaces is required. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 13 Staff has prepared Parking Table No. 2, to include the parking spaces in the lot on Avon Street as part of the parking provided and the previously waived 34 parking spaces for daytime use: Parking Table 2 EXISTING AND REOUIRED PROPOSED Daytime Nighttime Daytime Nighttime Available Parking: On -Site: 86 86 83 83 Off-site-2700 W. Coast Hwy. 0 50 0 50 Off-Site-2620 Avon Street 24 24 24 24 Total Available Parking. 110 160 107 157 Office use: Billy's At The Beach 13 0 107 0 Chart House 64 0 64 0 Subtotal: 77 0 T7 0 Restaurant: Billy's At The Beach 93 43 9 43 Chart House 0 80 0 80 Subtotal: 9 123 9 123 Outdoor Dining: 0 Chart House 0 0 0 0 Billy's 0 0 3 3 Subtotal: 0 0 3 3 Waived parking spaces: 34 0 34 0 Total Required Parking: 120 123 123 126 Deficit/Surplus 10 space 37 space 16 space 31 space deficit surplus deficit surplus Staff is of the opinion that the parking as shown in Table 2 represents a smaller number of parking deficiencies for daytime use, when the 34 daytime parking spaces that were waived in conjunction with approval of the midweek daytime lunch operation for Billy's At The Beach are accounted for. For this reason, staff is recommending an off -site parking agreement be required for the lot located at 2620 Avon Street to further guarantee that the 24 parking spaces on the lot will be available for both restaurant uses. 3 A waiver of 34 parking spaces for daytime use was approved with Use Permit No. 3328Amended Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 14 0 Additionally, both restaurants have valet service to assist in parking customer vehicles in the off - site locations and the applicant has pointed out that many of his daytime customers during the week are walk-up customers from nearby offices, and many employees of the offices leave the site for lunch, thereby freeing up spaces for restaurant customers. Although there will be a deficit of parking during the day even when the Avon lot is included, staff feels that there will be adequate parking for all uses, both day and night, to serve both restaurants. Therefore, staff does not anticipate there would be a parking problem. Off -Street Parking on a Separate Lot As outlined in Chapter 20.66.080 of the Municipal Code, the Planning Commission shall not approve off-street parking on a separate lot from the building site or sites unless: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. The off -site lot on Avon Street is located so as to be useful in connection with the proposed commercial building because it will be used primarily for employees of the restaurants and valet service is provided by the restaurants, which will facilitate the use of the off -site lots. B. Parking on such lot will not create undue traffic hazards in the surrounding area. The lot is currently being utilized for parking for the restaurant and other businesses in the area and has not created a traffic hazard within the surrounding area. Additionally, access to the restaurants' parking areas is via a signalized entrance at Riverside Avenue, which facilitates access and circulation between the on and off -site lots. C. Such lot and the site are in the same ownership, or the owners of the sites have a common ownership in such lot, and the owner or owners of the sites are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the site or sites). The lot is under the same ownership as the two lots in which the restaurants are located, and should one lot be sold to a different owner, the off -site parking arrangement will continue to be in effect. D. The owners or owners and the City, upon the approval of the Planning Commission, execute a written instrument or instruments, approved as to form and content by the City attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 15 • • the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. A condition of approval is included in Exhibit "A," requiring the provision of 24 parking spaces in the off -site lot and the recordation of the agreement with the County Recorder's office. E. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off-street parking on a separate lot. A condition of approval is included in Exhibit "A," requiring the payment of the fee. Specific Findings and Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of this application can be made for the proposed restaurant changes. Potential problems associated with the proposed restaurants' outdoor dining operation have been adequately addressed by the conditions of approval as recommended by staff. Additionally, the recommended restriction on the sound system use in the outdoor dining area should also prevent problems associated with noise which may disturb neighboring properties or residential uses in the vicinity; will also allow staff to monitor any problems associated with the use of the outdoor patio, as well as the operation's compliance with the conditions of approval. Finally, the proposed changes in the operational characteristics related to the addition of the outdoor dining areas does not result in an increase in the parking requirement or parking demand of the site which cannot be otherwise accommodated by the existing available on and off -site parking. The Off -Site Parking Agreement will insure that the required parking will be available to serve the restaurant facilities for the duration of their use. Should the Planning Commission wish to approve Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. While staff has found facts that support approval, testimony received and Commission discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, suggested findings for denial are set forth in the attached Exhibit `B Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 16 s • Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Exhibit "A" Exhibit "B" Prepared by: EUGENIA GARCIA, AICP Associate Planner Use Permit No. 2051 minutes of Planning Commission meeting of 1/21/82 Use Permit No. 2051 (Amended) minutes of Planning Commission meeting of 9/4/86 Use Permit No. 3328 minutes of Planning Commission meeting of 1/5/89 Use Permit No. 3328 minutes of Planning Commission meeting of 6/8/95 Bayfront Restaurant Regulations staff report and City Council minutes of 6/8/98 Letter from the Applicant Letter of opposition Noise Assessment from consultant Proposed Floor Plan F:\USERS\PLN\SHARED\ 1 PLANCOM\1997\0608PC\UP3676.DOC Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 17 9 0 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3674 Outdoor Dining Permit No. 67 Outdoor Dining Permit No. 68 Off -Site Parking Agreement Use Permit No. 3674 and Outdoor Dining Permit No. 67 2751 West Coast Highway Findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial" uses and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Use Permit No. 3674, Accessory Outdoor Dining Permit No. 67, and Off - Site Parking Agreement, will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. • The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. • That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. • The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. • There is an additional secondary off -site lot under the same ownership, located at 2620 Avon Street that is available for parking both day and night. • The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of previous Use Permit No. 3328 and Use Permit No. 3328 Amended, and not an independent use. • The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 18 0 0 • The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. • The control of noise can be achieved by the limitation on the location of the live entertainment and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an over -concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. • Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. • The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off -site parking lot for the duration of the restaurant use. • A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off -site parking agreement will be recorded in the County Recorder's Office. • A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2751 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 515 sq. ft. maximum of dining area and 220 sq. ft. of service areas. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. 4. No outside paging system shall be permitted and the speaker system shall be designed in such a way as to comply with the provisions of the Community Noise Ordinance and are limited to pre-recorded music only. 5. No live entertainment is permitted in the outdoor dining area. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 19 6. The use of the outdoor speakers shall cease at 10:00 p.m., Sunday through Thursday, and 11:00 p.m. on Friday and Saturday. 7. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 8. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. 9. A minimum of twenty-four (24) parking spaces shall be maintained in the off -site lot located at 2620 Avon Street. 10. In the event that either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway shall be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 11. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off- street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 12. A fee as shall be paid for the administrative costs of processing the off -site parking agreement. 13. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 15. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 16. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 20 0 0 17. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 19. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 20. All applicable conditions of approval of Use Permit No. 3328 Amended shall remain in force (copy attached). 21. The hours of operation of the outdoor dining area are limited to between the hours of 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to midnight, Friday and Saturday; and that any increase in the hours of operation shall be subject to the approval of an amendment to this application. 22. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 23. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 24. The patio shall be closed for the evening upon verification of non-compliance with any conditions of this Use Permit or Outdoor Dining Permit and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permit. 25. Should problems arise with regard to tables, chairs or stools encroaching into the public right- of-way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 21 0 0 26. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 27. The live entertainment shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. Loudspeakers outside of the building or in the outdoor dining area shall not be utilized in conjunction with the sound system of live performers, or to amplify or convey the sound of the live entertainment to the exterior of the building. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of Commercially zoned property: 65 dBA 60 dBA Measured at the property line of Residentially zoned property: 60 dBA 50 dBA 28. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 29. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 30. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 31. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 32. The project shall comply with State Disabled Access requirements. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 22 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. 34. All improvements shall be constructed as required by Newport Beach City Ordinance and the Public Works Department. 35. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to the issuance of the occupancy permit or implementation of the outdoor dining. 36. The Planning Commission may add to or modify conditions of approval to this Use Permit or Outdoor Dining Permits or recommend to the City Council the revocation of this Use Permit or Outdoor Dining Permits, upon a determination that the operation which is the subject of this Use Permit or Outdoor Dining Permits, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 37. This Use Permit and Outdoor Dining Permits shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 23 0 • Outdoor Dininiz Permit No. 68 2801 West Coast Highway, and Off -Site Parking Agreement Findings 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial" uses and the existing restaurant is a permitted uses within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Accessory Outdoor Dining Permit No. 68 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. • The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. • That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. • There is an additional secondary off -site lot under the same ownership located at 2620 Avon Street that is available for parking both day and night. • The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of the respective Use Permit No. 2051 and Use Permit No. 2051 Amended, and not an independent use. • The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. • The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. • The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. • The control of noise can be achieved by the limitation on the hours of operation and compliance with the provisions of the Municipal Code, Community Noise Ordinance. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 24 0 • • The proposal will not add a new liquor license to an over -concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. • Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. • The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off -site parking lot for the duration of the restaurant use. • A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off -site parking agreement will be recorded in the County Recorder's Office. • A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2801 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 768 sq. ft. maximum of dining area. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. 4. No outside paging system shall be permitted and the speaker system shall be designed and utilized in such a way as to comply with the provisions of the Community Noise Ordinance and is limited to pre-recorded music only. 5. No live entertainment is permitted in the outdoor dining area. 6. The use of the outdoor speakers shall cease at 10:00 p.m., Sunday through Thursday, and 11:00 midnight on Friday and Saturday. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 25 7. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. 9. A minimum of twenty-four (24) parking spaces shall be maintained in the off -site lot located at 2620 Avon Street. 10. In the event that the either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 11. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off- street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 12. A fee shall be paid for the administrative costs of processing the off -site parking agreement. 13. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to .approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 15. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 16. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 17. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 26 lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 18. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 19. All applicable conditions of approval of Use Permit No. 2051 and Use Permit No. 2051 Amended shall remain in force (copy attached). 20. The hours of operation of the outdoor dining area for the restaurant is limited to between the hours of 5:00 p.m. to 10:00 p.m., Monday through Thursday, including private parties and recognized holidays; and 5:00 p.m. to midnight, Friday and Saturday; including private parties and recognized holidays; and 10:00 a.m. to 10:00 p.m. on Sundays, and that any increase in the hours of operation shall be subject to the approval of an amendment to Use Permit No. 2051 and Use Permit No. 2051 Amended. 21. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 22. The patio shall be closed for the evening upon verification of non-compliance with any conditions of this Outdoor Dining Permit No. 68, and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permits. 23. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 24. Should problems arise with regard to tables, chairs or stools encroaching into the public right- of-way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 27 25. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 26. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 60 dBA 50 dBA 27. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 28. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 29. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 30. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 31. The project shall comply with State Disabled Access requirements. 32. All improvements shall be constructed as required by Newport Beach Ordinance and the Public Works Department. 33. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to issuance of the occupancy permit or implementation of the outdoor dining. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 28 0 • 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. 34. The Planning Commission may add to or modify conditions of approval to this Outdoor Dining Permit or recommend to the City Council the revocation of this Outdoor Dining Permit No. 68, upon a determination that the operation which is the subject of this Outdoor Dining Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This Outdoor Dining Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 29 EXHIBIT "B" FINDINGS FOR DENIAL FOR Use Permit No. 3 674 and Outdoor Dining Permit No. 67 And Outdoor Dining Permit No. 68 2751 West Coast Highway FINDINGS: The approval of Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The change in operational characteristics is an intensification of use, which will result in an increase in the parking demand and the general parking requirement for the subject property. • The noise associated with outdoor dining use will adversely impact residential uses in the vicinity. • The existing use permit approval established the facility to operate as a full service restaurant and did not include outdoor dining areas and such a change in the operational characteristics of the facility will increase the potential for Police and Department of Alcoholic Beverage Control problems in the area. • Adequate on -site parking is not available The proposed parking for the proposed use and the resulting parking demand will be detrimental to surrounding properties. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 30 0 ip City of Newport Beach Planning Commission Minutes October 19, 2000 ,"'I L E C G' F Y SUBJECT: Billy's at the Beach and The Charthouse Restaurant 2751 West Coast Highway and 2801 West Coast Highway • Use Permit No. 3674, Off -site Parking Agreement, Accessory Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. SUBJECT: Balboa Peninsula Revitalization Status Report REVISED Chairperson Sglich noted that Commissioner Tucker has returned to the dais. Chairperson Selich'a�ked Commissioner Kranzley for background on this item. Commissioner Kranzley explained the reasons for discussing this item. He indicated that he had asked,staff for an update on what has been done on the Peninsula. He commented on the circumstances that the Balboa Peninsula Advisory Committee (BPAC) had identified. For example, the deterioration of the commercial cfnd multi -family residential areas, traffic congestion, etc. BPPAC was formed' for the purpose of addressing these matters. Commissioner Kranzley then requested staff present their update. Assistant City Manger, Ms. Wood, responded by commenting that the progress to date was described in the staff report. She added that the Balboa Village Streetscape project is approaching the 75% design completion stage, and should commence construction at the end of summer 2001: Commissioner Kranzley asked if there were any recommendations.for rezoning Central Balboa, McFadden Square and Lido Village because of too much commercial zoning. Ms. Wood responded by saying that staff responded to this issue by meeting V INDEX Item No. 4 UP No. 3626 Continued to 11/09/2000 Item No. 5 Report received and filed Planning Commission Meeting May 18, 1995 Page 1 of 28 ~ R l PROJECT: Billy's At The Beach, The Chart House 2751 and 2801 West Coast Hwy. PURPOSE OF ACTION: Approve, modify or deny: LEGAL DESCRIPTION: ZONE: OWNER: Points and Authority (Gordon Barienbrock, applicant) APPLICATION: Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for additional required parking spaces for the dining area and for the elimination of on -site parking spaces and relocation to the off -site lot. ■ Use Permit No. 3674 (Amended) ■ Outdoor Dining Permit No. 67 ■ Outdoor Dining Permit No. 68 ■ Off -Site Parking Agreement A portion .of Lot H, Tract 919<, -. SP-5, Mariner's Mile Specific Area Plan No. 5 Gordon Barienbrock, Newport Beach • Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational Marine Commercial" uses. A restaurant is a permitted use within this designation. The proposal is consistent with the Land Use Element and Local Coastal Plan policies and guidelines. http://www.city.newport-beach.ca.us/PLNAgendas/2000/111-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 2 of 28 • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). • Use Permit procedures are set forth in Chapter 20.91 of the Municipal Code. Accessory Outdoor Dining Permit procedures are set forth in Chapter 20.82. Off -Site Parking procedures are set forth in Chapter 20.66.080. • Coastal Zone Compliance The project is located in the Coastal Zone and Coastal Commission approval will be required. 2Y� CLIFF DR N H �IjQ ZVS. _ Ti -0d 'A OtiST OFF -SITE PARKING LOT a OFF -SITE PARKING LOT e<�� a v SUBJECTPRQPERTY ro ti N 0200 feet VICINITY MAP w -E s http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 3 of 28 Subject Property and Surrounding Land Uses Current The subject properties are developed with an office building/restaurant Development: at 2801 W. Coast Hwy. at 2751 W. Coast Hwy. To the north: Across West Coast Highway, is the China Palace Restaurant To the east: Is the Pacifica Marina Office Building To the south: Is Newport Bay To the west: Is an office building and restaurant Project Description The proposed project is to add outdoor dining area to two adjacent restaurants, Billy's At The Beach, and the Chart House, located in the Mariners Miles Specific Plan on the water side of West Coast Highway. To the east of Billy's is the Rusty Pelican Restaurant and to the west of the Chart House is the Pacific Marina office building. Both restaurants require the approval of an accessory outdoor dining permit, and a use permit is required for Billy's At the Beach because the outdoor dining area will exceed the allowable 25% of the interior net public area of the restaurant. The proposal will include the reconfiguring of existing on -site parking and the use of an existing off -site lot located at 2700 West Coast Highway under a previously approved off -site parking agreement and an additional lot located at 2620 Avon Street, for which an off -site parking agreement is required. The two restaurant properties and the Avon Street parking lot are under the same ownership and the West Coast Highway parking lot is leased to the applicant for nighttime use. No physical changes are to occur within the interior of the restaurants and the hours of operation will remain the same. Billy's At The Beach, located at 2751 West Coast Highway, is within an existing two-story commercial building, with the restaurant located on the ground floor and offices on the second floor. The existing restaurant contains approximately 3,437 square feet of gross floor area and the office portion of the building occupies 3,444 square feet. Billy's is a full service restaurant with on -sale alcoholic beverages, live entertainment and valet parking. The restaurant is open from 11:00 a.m. to 2:00 a.m. daily. The Chart House, located on the lot next door at 2801 West Coast Highway, is within a 22,400 square foot, three-story commercial building with the restaurant occupying the ground floor and daytime office uses occupying the upper floors. The restaurant is approximately 6,088 gross square feet and the office portion of the building occupies approximately 16,312 square feet. The restaurant is a full service facility with on -sale alcoholic beverages and valet parking. The restaurant is open from 5:00 p.m. to 2:00 a.m. Monday through Saturday, Sunday brunch, and private parties on Saturdays and recognized holidays. Both restaurants utilize a shared parking arrangement between the daytime office uses and the nighttime restaurant uses, as well as the off -site lot at 2700 West Coast Highway. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 4 of 28 Background 2801 West Coast Highway -The Chart House On March 8, 1982, the City Council approved Use Permit No. 2051 to construct the office building and restaurant (the Chart House) at 2801 West Coast Highway which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and exceeds the permitted .5 times the buildable area of the site. A modification was approved to allow the use of compact car spaces for a portion of the required off-street parking and to allow proposed parking spaces to encroach into the required front setback area. Valet service for the restaurant use, approval of an off -site parking agreement for a portion of the required parking, acceptance of an environmental document, and a Traffic Study were approved. On September 4, 1986, the Planning Commission approved an amendment to Use Permit No. 2051 allowing the Chart House restaurant to open for Sunday brunch and for private parties on Saturdays and recognized holidays. An amendment to the previous off -site parking agreement was also approved. 2751 West Coast Highway-Billy's At The Beach On January 5, 1989, the Planning Commission approved Use Permit No. 3328 which permitted the establishment of a restaurant facility with on -sale alcoholic beverages and live entertainment on the ground floor portion of the commercial building. The approval included the use of a full time valet parking service in conjunction with the restaurant, the approval of an off -site parking agreement which allows a portion of the required nighttime parking to be located in an off -site location, at 2700 West Coast Highway, and the approval of a Traffic Study. At its meeting of March 13, 1989, the City Council approved the off -site parking agreement for the restaurant. On June 8, 1995, the Planning Commission approved an amendment to Use Permit No. 3328 to change the opening hour of operation of the restaurant to 11:00 a.m. daily for lunch, instead of 5:00 p.m. At the time of approval, there were 9 excess parking spaces and the midweek daytime lunch operation required 43 parking spaces. The approval included a waiver of 34 of the required daytime parking spaces. A copy of the minutes from the Planning Commission meeting are attached. Conformance with the General Plan and The Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The existing restaurants are a permitted use within this designation. The General Plan also allows a variable Floor Area Ratio of 0.5/0.75 for the subject property which allows a Base Development Allocation of 0.5 FAR. The existing development on the office/restaurant sites are in compliance with the Floor Area Ratio provisions of the Zoning Code and the Land Use Element of the General Plan. In accordance with the provisions of the California Coastal Act, the subject project also requires the approval of a Coastal Permit. Analysis http://www.city.newport-beach.ca.us/PLNAgendas/2000/111-0902.htm1 10/28/2003 Planning Commission Meeting May 18, 1995 Page 5 of 28 The outdoor dining areas for the restaurants will be located adjacent to each other at the common property line, in an area between the two restaurants on the ground floor (see photo, page 6). The design will include a six foot glass wind and noise barrier on both the harbor side and the street side of the patio and will also include a stationary 36 inch wall to separate the areas of the patio designated for each restaurant. The areas will have a common partition wall but will operate independently of each other with separate access to each. Both restaurants will retain their current themes with full menu service available at all times. Billy's At The Beach is proposing a 515 square foot outdoor dining area with a 220 square foot service area, to be accessed from the interior of the restaurant. The total gross square footage of the restaurant is 6,881 square feet with a net public area of 1,691 square feet. The Code permits the area of the outdoor dining for a restaurant up to 25% of the interior net public area of the restaurant without the requirement for additional parking. In this case, 25% equates to approximately 423 square feet. The proposal is 92 square feet more than is permitted and will require additional parking. The owner proposes to open the outdoor dining utilizing the restaurant's existing hours of operation. The Chart House is proposing 768 square feet of outdoor dining area that is not accessed through the interior of the restaurant but is separated from the main building by a stairway and corridor that provides public access to the bay. The site's development will continue to provide the access to the bay in this location with a 10 foot wide walkway. The restaurant is 6,088 square feet and the net public area of the restaurant is 3,190 square feet. The permitted 25% of the interior net public area of the restaurant is approximately 798 square feet. The plans indicate that the outdoor dining area for the Chart House is proposed at 768 square feet which is below the allowable 25%. http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 6 of 28 Project Characteristics Chart House Billy's At The Beach Live Entertainment: Yes No Dancing: No No Valet Parking Service: Yes (full time) Yes (full time) �- -- Number of Employees: 20 to 25 employees 20 to 25 employees Hours of Operation 11:00 a.m. to 2:00 a.m. daily 5:00 p.m. to 2:00 a.m., Mon.-Thur. Sunday brunch, private Staff Recommendation for 11:00 a.m. to 10:00 p.m. parties and recognized Outdoor Dining Areas holidays Sun.-Thurs. 5:00 p.m. to 10:00 p.m. 11:00 a.m. to 12:00 midnight Mon.-Thurs., private Fri. & Sat. parties and recognized holidays 5:00 p.m. to 12:00 midnight http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.htm1 10/28/2003 Planning Commission Meeting May 18, 1995 Page 7 of 28 Restaurant Area 11 3,437 sq. ft. Gross 11 1,691 sq. ft. Net Public Area 11 423 sq. ft. Permitted 25% Outdoor 515 sq. ft. Dining Proposed Outdoor Dining Area Accessory Outdoor Dining Fri. & Sat., private parties and recognized holidays 10:00 a.m. to 10:00 p.m. Sunday brunch and dinner 3,437 sq. ft. 3,190 sq. ft. 797 sq. ft 768 sq. ft. Section 20.82.050 of the Newport Beach Municipal Code provides that the Planning Director may approve an application to add or expand outdoor dining to an existing Eating and Drinking Establishment provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment, or 1000 square feet, whichever is less, and is accessory to any indoor dining. In approving an application for accessory outdoor dining, the Planning Director must make the following findings: 1. That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. The outdoor dining areas for Billy's At The Beach and the Chart House Restaurant are located in an area between the two restaurants with no separate kitchens or cooking areas. Therefore, the outdoor dining areas are accessory to the principle restaurant use. 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Restrictions on the use of outdoor -amplified sound and patio speakers and compliance with the provisions of the Municipal Code, Community Noise Ordinance, and Acoustical Study recommendations, should limit potential noise impacts on the neighboring commercial businesses and residential uses. Additionally, the limited hours of the outdoor dining areas (further discussed in this report) should prevent noise from adversely impacting the residential uses in the neighborhood. 3. That the proposed accessory outdoor dining will not be located so as to result in a reduction of http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 8 of 28 existing parking spaces. The outdoor dining expansion will result in a reduction of on -site parking spaces, but the spaces will be replaced in an off -site lot, with the approval of an off -site parking agreement. Bayfront Restaurant Regulations On June 8, 1998, The City Council approved the Bayfront Restaurant Regulations to address issues of noise associated with inside bayfront restaurants and impacts from activities that occur outside the restaurants. The approval by the Council included the requirement for acoustical studies for all new Bayfront restaurant development, additions or intensification; and added a consideration of additional Code Enforcement and Police staff to monitor restaurant operations on weekend evenings. A copy of the staff report and minutes of the June 8, 1998 City Council meeting are attached for the Commission's information. The required acoustical study is to address noise from activities associated with the restaurants, including atmospheric and topographic characteristics and their effect on noise received in nearby residential areas, with recommendations for compliance with Newport Beach noise regulations. An acoustical study submitted by the applicant's consultant (attached) indicates that the primary noise for the outside seating area is anticipated to be background music from outside speakers. The study further indicates that the background music must be low enough so as to not interfere with normal human conversation. Noise levels were studied for the background music from across Newport Bay and found to be well below the appropriate levels and is reduced further by the proposed 6 foot glass barriers. Additional information from the consultant regarding noise associated with the bussing of tables indicates that the noise will be less than the conversation levels of the patrons and the music combined and that the glass barrier should adequately reduce the level of the noise associated with the outdoor operation of the dining area. A condition of approval has been included requiring a minimum six foot glass partition barrier be installed around the perimeter of the outdoor dining area. Hours of Operation -Outdoor Dining The applicant is requesting that the hours of operation for the outdoor dining areas coincide with the approved hours of operation for the two restaurants. In other similar applications for outdoor dining, staff has recommended that the closing hour of the outdoor dining be earlier in the evening than the main restaurant, so as to not disturb residents in the area or across the bay. In trying to protect the residential neighbors from impacts from the patio operation, it has been discussed in prior similar applications that establishing an earlier closing hour for the patio may present problems from an occupancy standpoint. Closure of the patio would require the relocation of patrons to either inside the facility (which if fully occupied will result in an overcrowding situation and a fire code violation) or compelling the patrons to leave the facility (which could create tension among patrons and employees). In previous applications, the City Council has approved the hours of operation for outdoor patio closure as 10:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday. In order to be consistent with this, staff is recommending the above hours for both Billy's At the Beach and The Chart House. The use permit for the Chart House permits the restaurant to operate for Sunday brunch, private parties and recognized holidays in addition to their normal hours of operation. Staff is recommending that the hours for the outdoor dining for Sunday brunch be from 10:00 a.m. to 10:00 p.m., and for http://www.city.newport-beach.ca.us/PLNAgendas/2000/111-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 9 of 28 private parties, and recognized holidays be limited to a closing time of 10:00 p.m. Sunday through Thursday and 12:00 midnight on Friday and Saturday. Additionally, regardless of the closing time established, compliance with the Noise Ordinance will limit impacts from the patio, and the hours may be revised at the reviews provided for in condition No. 29 and 30 if there are unacceptable impacts. Loudspeakers and Paging System Staff has recommended a condition of approval requiring that the sound system in the outdoor patio area be restricted from use in conjunction with the sound system for the interior live entertainment for Billy's and further requires the closing of windows and doors for the interior of the restaurant after 8:00 p.m. in the evening. Additionally, conditions prohibiting the use of a paging system, and that the use of the speakers for both restaurants be utilized for pre-recorded music shall cease at 10:00 p.m. Monday through Thursday, and 11:00 p.m. on Fridays and Saturdays are included. The speaker system shall also be designed and utilized in such a way as to comply with the provisions of the Community Noise Ordinance requirements. If noise associated with the live entertainment is not confined to the interior of the building and complaints are received, the Planning Director may review the noise issue and require that a monitoring system be installed outside the building to monitor the noise, which may result in further review of this use permit Public Access To The Bay The Coastal Act of 1976 requires that "public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects..." When the original use permit for the commercial building was approved in 1982, the project was to provide the required public access which is two, 6 foot wide vertical access walkways (one on each side of the building) and a 6 foot by 12 foot horizontal walkway adjacent to the water. In order to continue to meet the public access requirement, a 6 foot wide access easement that is currently provided, will continue to be provided on both sides of the Chart House (one on the along the westerly property line and one along the corridor separating the outdoor dining from the main building). Another 6 foot side access easement is currently provided and will continue to be provided along the easterly property line for the property at 2751 West Coast Highway (Billy's). Additionally, approval of Use Permit No. 3328 in 1989 for the construction of the building at 2751 W. Coast Highway required the provision of a 10 foot wide easement along the bay frontage of the property in order to provide unobstructed public access to the bay. A similar condition was required for the 2801 W. Coast Hwy. property with the approval of Use Permit No. 2051 in 1982 for a 6 foot wide access easement across the bayside of the parcel. The plans indicate and staff s site visit confirms that the easements are provided. Off -Street Parking The existing restaurant facilities have a complex parking arrangement with shared on -site parking for day and night uses and an off -site location for night use. The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the two properties. In order to determine the parking requirements and the availability of parking on both lots http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 10 of 28 and the two off -site lot locations, a brief parking history follows: June 12, 1981: First off -site parking agreement between the owners of 2751 W. Coast Hwy. (currently Billy's) and 2700 W. Coast Hwy. for 50 nighttime parking spaces located to the rear of the property at 2700 W. Coast Hwy. for the use of a proposed office/restaurant at 2751 W. Coast Hwy. November 19, 1981: Lease Amendment to Off -Site Parking Agreement. 2751 W. Coast Hwy. permitted to lease 30 of the 50 spaces for nighttime use, in the 2700 W. Coast Hwy. lot to a new proposed restaurant located at 2801 W. Coast Hwy. (Chart House). July 1, 1982: Sublease Agreement approved between 2751 (Billy's) and 2801 W. Coast Hwy. (Chart House) for the 30 spaces in the lot at 2700 W. Coast Hwy. March 8, 1982: Use Permit No. 2051 for 2801 W. Coast Hwy. to establish office and restaurant use. Approved the Off -Site Parking Agreement for 30 spaces for the Chart House from 2700 W. Coast Hwy. and 18 spaces from 2751 W. Coast Hwy. (Billy'). Sublease of the 30 spaces approved on December 14, 1988. June 13, 1983: City Council approved the Off -Site Parking Agreement. September 4, 1986: Use Permit No. 2051 was amended to allow the Chart House to open for Sat. and Sun. lunch (and recognized holidays). Amended the Off -Site parking agreement between 2751 W. Coast Hwy. (Billy's) and 2801 W. Coast Hwy. (Chart House) to give additional 7 spaces for the Chart House, for a total of 25 spaces to the Chart House. January 5, 1989: Use Permit No. 3328 approved to establish nighttime only restaurant at 2751 W. Coast Hwy. (Billy's). 43 spaces required (32 on -site and 20 off -site at 2700 W. Coast Hwy.). Off -Site parking agreement approved. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.htrnl 10/28/2003 Planning Commission Meeting May 18, 1995 Page 11 of 28 March 13, 1989: Off -Site Parking Agreement approved by City Council. Between 1989 and 1995: The owner of the Chart House property (2801 W. Coast Hwy.) purchased the property at 2751 West Coast Hwy. (Billy's) June 8, 1995: Use Permit No. 3328 (Billy's) was amended to allow daytime lunch seven days a week. 9 parking spaces were allocated back to 2751 from 2801. The daytime lunch operation required 43 spaces minus the 9 spaces, which is equal to a parking requirement of 34 parking spaces for the lunch operation. The 34 parking spaces were waived with this approval. Parking Table 1 represents the parking that currently exists on the site and the number of parking spaces to be provided with the changes to the proposed parking. Since the applicant has ownership of both 2751 West Coast Highway and 2801 West Coast Highway which utilizes a shared parking concept, and has a long-term parking lease with the owner of 2700 W. Coast Highway, the numbers represent a total number of spaces available for all uses. Parking Table 1 EXISTING PROPOSED _ Daytime Nighttime Nighttime Daytime http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.htrnl 10/28/2003 Planning Commission Meeting May 18, 1995 Page 12 of 28 Available Parking: 86 86 83 83 On -Site: 0 50 0 50 Off-site-2700 West Coast 86 136 83 133 Hwy Total Available Parking: Office use: 13 0 Billy's At The Beach 13 0 64 0 Chart House 64 0 77 0 Subtotal: 77 0 9 43 Restaurant: 9 43 0 80 Billy's At The Beach 0 80 9 123 Chart House 9 123 0 Subtotal: 0 0 Outdoor Dining: 0 0 3 3 Chart House 0 0 3 3 Billy's 0 0 Subtotal: Total Required Parking:F- 86 123 89IF 126 Deficit/Surplus No deficit 6 space 7 space deficit 34 waived 13 space surplus surplus plus34 Lwaived http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 13 of 28 There are currently 86 on -site parking spaces between the two properties for day and night use, and 50 leased spaces in the off -site lot at 2700 West Coast Highway for nighttime use only. The Chart House Restaurant requires 80 parking spaces (3,190 sq. ft. of net public area divided by 40 = 79.75 or 80 spaces) after 5:00 p.m. for the restaurant use. The office uses during the daytime, requires 64 parking spaces. Billy's At the Beach requires 43 parking spaces (1,692 sq. ft. of net public area divided by 40 = 42.3 or 43 spaces) for both day and night, although 34 spaces were waived for the daytime restaurant use, for a total of 9 spaces required. The office uses during the day require 13 parking spaces. The total daytime requirement is 22 spaces for the 2751 W. Coast Highway site. The existing total daytime parking requirement is 86 parking spaces and the total nighttime parking requirement is 123 parking spaces. Parking Requirements for Proposed Operational Changes Chapter 20.82.050, Accessory Outdoor Dining permits eating and drinking establishments to add or expand outdoor dining without providing additional parking, provided that the outdoor dining area does not exceed the permitted 25% of the interior net public area of the restaurant. Any area above the 25% is required to provide additional parking. The outdoor dining area for 2751 West Coast Highway will require 3 additional parking spaces for the area of the outdoor dining that exceeds the permitted 25% (515 sq. ft. — the permitted 423 sq. ft. = 92 sq. ft. divided by 40 = 2.3 or 3 spaces). In order to locate the dining area between the two buildings, seven parking spaces will be eliminated in that location and the parking lot will be reconfigured to replace 4 spaces, with a loss of 3 spaces. The current parking totals do not result in parking deficiencies, whereas, the proposed project will result in a 6 space deficit for daytime use, assuming continuation of the 34 space daytime waiver for Billy's At The Beach. The proposed addition of the outdoor dining will raise the parking requirement for daytime uses by 3 (from 86 to 89 spaces). The three spaces will also raise the nighttime parking requirement by 3 spaces (from 123 to 126 spaces). Since there will be a total of 83 daytime spaces available for all uses after construction of the patio, there will be a 6-space deficit during the day and a surplus of parking in the evening when the offices are closed. The applicant has purchased a vacant lot located at 2620 Avon Street, which has 24 available parking spaces for both day and night use. Under the applicant's current proposal, the lot on Avon street would be for additional parking for both day and night use, although the applicant does not wish to have a formal off -site parking agreement for this lot. Although staff recognizes that there is a surplus of parking spaces in the evening without this additional lot, there is a deficit of 34 parking spaces during the weekday lunchtime (waived in 1995). Additionally, in order to accept the applicant's proposed parking arrangement without the additional off -site lot, a waiver of 3 additional parking spaces is required. Staff has prepared Parking Table No. 2, to include the parking spaces in the lot on Avon Street as part of the parking provided and the previously waived 34 parking spaces for daytime use: http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 14 of 28 Parking Table 2 EXISTING AND PROPOSED REQUIRED _ Nighttime Daytime Nighttime Daytime Available Parking: 86 86 83 83 On -Site: 0 50 0 50 Off-site-2700 W. Coast 24 24 24 24 Hwy. 110 160 107 157 Off-Site-2620 Avon Street Total Available Parking: Office use: 13 0 107 0 Billy's At The Beach 64 0 64 0 Chart House 77 0 77 0 Subtotal: 9 43 9 43 Restaurant: 0 80 0 80 Billy's At The Beach 9 123 9 123 Chart House 0 Subtotal: 0 0 0 0 Outdoor Dining: 0 0 3 3 Chart House 0 0 3 3 Billy's 34 0 34 0 Subtotal: Waived parking spaces: Total Required Parking: 120 123 123 126 11 http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.htrnl 10/28/2003 Planning Commission Meeting May 18, 1995 Page 15 of 28 Deficit/Surplus 1110 space deficit 37 space surplus 16 space deficit 31 space surplus Staff is of the opinion that the parking as shown in Table 2 represents a smaller number of parking deficiencies for daytime use, when the 34 daytime parking spaces that were waived in conjunction with approval of the midweek daytime lunch operation for Billy's At The Beach are accounted for. For this reason, staff is recommending an off -site parking agreement be required for the lot located at 2620 Avon Street to further guarantee that the 24 parking spaces on the lot will be available for both restaurant uses. Additionally, both restaurants have valet service to assist in parking customer vehicles in the off -site locations and the applicant has pointed out that many of his daytime customers during the week are walk-up customers from nearby offices, and many employees of the offices leave the site for lunch, thereby freeing up spaces for restaurant customers. Although there will be a deficit of parking during the day even when the Avon lot is included, staff feels that there will be adequate parking for all uses, both day and night, to serve both restaurants. Therefore, staff does not anticipate there would be a parking problem. Off -Street Parking on a Separate Lot As outlined in Chapter 20.66.080 of the Municipal Code, the Planning Commission shall not approve off-street parking on a separate lot from the building site or sites unless: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. The off -site lot on Avon Street is located so as to be useful in connection with the proposed commercial building because it will be used primarily for employees of the restaurants and valet service is provided by the restaurants, which will facilitate the use of the off -site lots. B. Parking on such lot will not create undue traffic hazards in the surrounding area. The lot is currently being utilized for parking for the restaurant and other businesses in the area and has not created a traffic hazard within the surrounding area. Additionally, access to the restaurants' parking areas is via a signalized entrance at Riverside Avenue, which facilitates access and circulation between the on and off -site lots. C. Such lot and the site are in the same ownership, or the owners of the sites have a common ownership in such lot, and the owner or owners of the sites are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the site or sites). The lot is under the same ownership as the two lots in which the restaurants are located, and should one lot be sold to a different owner, the off -site parking arrangement will continue to be in effect. http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.htm1 10/28/2003 Planning Commission Meeting May 18, 1995 Page 16 of 28 D. The owners or owners and the City, upon the approval of the Planning Commission, execute a written instrument or instruments, approved as to form and content by the City attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. A condition of approval is included in Exhibit "A," requiring the provision of 24 parking spaces in the off -site lot and the recordation of the agreement with the County Recorder's office. E. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off-street parking on a separate lot. A condition of approval is included in Exhibit "A," requiring the payment of the fee. Specific Findings and Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of this application can be made for the proposed restaurant changes. Potential problems associated with the proposed restaurants' outdoor dining operation have been adequately addressed by the conditions of approval as recommended by staff. Additionally, the recommended restriction on the sound system use in the outdoor dining area should also prevent problems associated with noise which may disturb neighboring properties or residential uses in the vicinity; will also allow staff to monitor any problems associated with the use of the outdoor patio, as well as the operation's compliance with the conditions of approval. Finally, the proposed changes in the operational characteristics related to the addition of the outdoor dining areas does not result in an increase in the parking requirement or parking demand of the site which cannot be otherwise accommodated by the existing available on and off -site parking. The Off -Site Parking Agreement will insure that the required parking will be available to serve the restaurant facilities for the duration of their use. Should the Planning Commission wish to approve Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. While staff has found facts that support approval, testimony received and Commission discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, suggested findings for denial are set forth in the attached Exhibit "B http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 17 of 28 Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Exhibit "A" Exhibit "B" Prepared by: EUGENIA GARCIA, AICP Associate Planner Use Permit No. 2051 minutes of Planning Commission meeting of 1/21/82 Use Permit No. 2051 (Amended) minutes of Planning Commission meeting of 9/4/86 Proposed Floor Plan Use Permit No. 3328 minutes of Planning Commission meeting of 1/5/89 Use Permit No. 3328 minutes of Planning Commission meeting of 6/8/95 Bayfront Restaurant Regulations staff report and City Council minutes of 6/8/98 Letter from the Applicant Letter of opposition Noise Assessment from consultant F:\USERS\PLN\SHARED\IPLANCON4\1997\0608PC\UP3676.DOC EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3674 Outdoor Dining Permit No. 67 Outdoor Dining Permit No. 68 http://www.city.newport-beach.ca.us/PLNAgendas/2000/i l 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 18 of 28 Off -Site Parking Agreement Use Permit No. 3674 and Outdoor Dining Permit No. 67 2751 West Coast Highway Findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial" uses and the existing restaurant is a permitted use within this designation. 1. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The approval of Use Permit No. 3674, Accessory Outdoor Dining Permit No. 67, and Off -Site Parking Agreement, will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: o The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. o The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. o That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. o The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. o There is an additional secondary off -site lot under the same ownership, located at 2620 Avon Street that is available for parking both day and night. o The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of previous Use Permit No. 3328 and Use Permit No. 3328 Amended, and not an independent use. o The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. o The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 19 of 28 opportunities. o The control of noise can be achieved by the limitation on the location of the live entertainment and compliance with the provisions of the Municipal Code, Community Noise Ordinance. o The proposal will not add a new liquor license to an over -concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. o The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. o Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. o The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off -site parking lot for the duration of the restaurant use. o A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off -site parking agreement will be recorded in the County Recorder's Office. o A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. o The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. o Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2751 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 515 sq. ft. maximum of dining area and 220 sq. ft. of service areas. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. 4. No outside paging system shall be permitted and the speaker system shall be designed in such a way as to comply with the provisions of the Community Noise Ordinance and are limited to pre- recorded music only. 5. No live entertainment is permitted in the outdoor dining area. http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 20 of 28 6. The use of the outdoor speakers shall cease at 10:00 p.m., Sunday through Thursday, and 11:00 p.m. on Friday and Saturday. 7. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 8. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. 9. A minimum of twenty-four (24) parking spaces shall be maintained in the off -site lot located at 2620 Avon Street. 10. In the event that either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway shall be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 11. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 12. A fee as shall be paid for the administrative costs of processing the off -site parking agreement. 13. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 15. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 16. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 17. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. http://www.city.newport-beach.ca.us/PLNAgendas/2000/iI 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 21 of 28 18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 19. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 20. All applicable conditions of approval of Use Permit No. 3328 Amended shall remain in force (copy attached). 21. The hours of operation of the outdoor dining area are limited to between the hours of 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to midnight, Friday and Saturday; and that any increase in the hours of operation shall be subject to the approval of an amendment to this application. 22. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 23. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 24. The patio shall be closed for the evening upon verification of non-compliance with any conditions of this Use Permit or Outdoor Dining Permit and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permit. 25. Should problems arise with regard to tables, chairs or stools encroaching into the public right-of- way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. 26. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 27. The live entertainment shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. Loudspeakers outside of the building or in the outdoor dining area shall not be utilized in conjunction with the sound system of live performers, or to amplify or convey the sound of the live entertainment to the exterior of the building. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, or sound http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 22 of 28 system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of Commercially zoned property: 65 dBA 60 dBA Measured at the property line of Residentially zoned property: 60 dBA 50 dBA 28. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 29. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 30. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 31. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 32. The project shall comply with State Disabled Access requirements. 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. 34. All improvements shall be constructed as required by Newport Beach City Ordinance and the Public Works Department. 35. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to the issuance of the occupancy permit or implementation of the outdoor dining. 36. The Planning Commission may add to or modify conditions of approval to this Use Permit or Outdoor Dining Permits or recommend to the City Council the revocation of this Use Permit or http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.htm1 10/28/2003 Planning Commission Meeting May 18, 1995 Page 23 of 28 Outdoor Dining Permits, upon a determination that the operation which is the subject of this Use Permit or Outdoor Dining Permits, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 37. This Use Permit and Outdoor Dining Permits shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. Outdoor Dining Permit No. 68 2801 West Coast Highway, and Off -Site Parking Agreement Findings 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial" uses and the existing restaurant is a permitted uses within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Accessory Outdoor Dining Permit No. 68 will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: o The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. o The existing on -site and off -site parking, and circulation system, is adequate to accommodate the proposed exterior dining areas. o That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. o There is an additional secondary off -site lot under the same ownership located at 2620 Avon Street that is available for parking both day and night. o The addition of the outdoor dining to the subject property is subject to all the findings and conditions of approval of the respective Use Permit No. 2051 and Use Permit No. 2051 Amended, and not an independent use. o The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses across the bay. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 24 of 28 o The proposed accessory outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate replacement parking available in the off -site lot located at 2620 Avon Street. o The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of the accessory outdoor dining to provide outdoor dining opportunities. o The control of noise can be achieved by the limitation on the hours of operation and compliance with the provisions of the Municipal Code, Community Noise Ordinance. o The proposal will not add a new liquor license to an over -concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. o The off -site parking lot located at 2700 West Coast Highway is currently being used to meet the parking requirement of the restaurant facility and the proposed off -site lot at 2620 Avon Street, are located so as to be useful in conjunction with the existing restaurant uses. o Parking on the off -site lot located at 2620 Avon Street will not create undue traffic hazards in the surrounding area. o The off -site parking lot on Avon Street is owned by the same owner as the restaurant sites and will be maintained as an off -site parking lot for the duration of the restaurant use. o A condition of approval is included, requiring the provision of 24 parking spaces in the lot located at 2620 Avon Street and an off -site parking agreement will be recorded in the County Recorder's Office. o A fee for the administrative costs of processing the off -site parking agreement with County Recorder's Office will be paid. o The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. o Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining for the restaurant located at 2801 West Coast Highway shall be used in conjunction with the related adjacent food establishment and shall be limited to 768 sq. ft. maximum of dining area. 3. The area outside of the food establishment shall be maintained in a clean and orderly manner. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 25 of 28 4. No outside paging system shall be permitted and the speaker system shall be designed and utilized in such a way as to comply with the provisions of the Community Noise Ordinance and is limited to pre-recorded music only. 5. No live entertainment is permitted in the outdoor dining area. 6. The use of the outdoor speakers shall cease at 10:00 p.m., Sunday through Thursday, and 11:00 midnight on Friday and Saturday. 7. The outdoor dining area associated with the restaurant uses shall be limited to the area as delineated on the approved site plan only. 8. A minimum of fifty (50) parking spaces shall be maintained in the off -site lot located at 2700 West Coast Highway. 9. A minimum of twenty-four (24) parking spaces shall be maintained in the off -site lot located at 2620 Avon Street. 10. In the event that the either property located at 2751 West Coast Highway or 2801 West Coast Highway becomes under separate ownership, an easement or lot line adjustment to permit the outdoor dining for 2801 West Coast Highway to be located partially on 2751 West Coast Highway be approved, or that portion of the outdoor dining area that crosses the property line shall be removed. 11. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lots for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder. 12. A fee shall be paid for the administrative costs of processing the off -site parking agreement. 13. The revised on -site parking plan and the parking plan for the off -site lots located at 2700 West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to approve the new parking configuration and compliance with the previously approved use permit if any alterations are made to the off -site lot. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 15. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.htm1 10/28/2003 Planning Commission Meeting May 18, 1995 Page 26 of 28 16. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 17. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 18. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 19. All applicable conditions of approval of Use Permit No. 2051 and Use Permit No. 2051 Amended shall remain in force (copy attached). 20. The hours of operation of the outdoor dining area for the restaurant is limited to between the hours of 5:00 p.m. to 10:00 p.m., Monday through Thursday, including private parties and recognized holidays; and 5:00 p.m. to midnight, Friday and Saturday; including private parties and recognized holidays; and 10:00 a.m. to 10:00 p.m. on Sundays, and that any increase in the hours of operation shall be subject to the approval of an amendment to Use Permit No. 2051 and Use Permit No. 2051 Amended. 21. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. 22. The patio shall be closed for the evening upon verification of non-compliance with any conditions of this Outdoor Dining Permit No. 68, and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit and/or Outdoor Dining Permits. 23. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 24. Should problems arise with regard to tables, chairs or stools encroaching into the public right-of- way, private property pedestrian access or walkways, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating. 25. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. http://www.city.newport-beach.ca.us/PLNAgendas/2000/i 11-0902.html 10/28/2003 Planning Commission Meeting May 18, 1995 Page 27 of 28 26. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Between the hours of Between the hours of 7:00 a.m. and 10.00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 60 dBA 50 dBA 27. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, if required by the Planning Director. 28. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 29. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 30. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 31. The project shall comply with State Disabled Access requirements. 32. All improvements shall be constructed as required by Newport Beach Ordinance and the Public Works Department. 33. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to issuance of the occupancy permit or implementation of the outdoor dining. 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.htrnl 10/28/2003 Planning Commission Meeting May 18, 1995 Page 28 of 28 34. The Planning Commission may add to or modify conditions of approval to this Outdoor Dining Permit or recommend to the City Council the revocation of this Outdoor Dining Permit No. 68, upon a determination that the operation which is the subject of this Outdoor Dining Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This Outdoor Dining Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. EXHIBIT "B" FINDINGS FOR DENIAL FOR Use Permit No. 3674 and Outdoor Dining Permit No. 67 And Outdoor Dining Permit No. 68 2751 West Coast Highway FINDINGS: I. The approval of Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: o The change in operational characteristics is an intensification of use, which will result in an increase in the parking demand and the general parking requirement for the subject property. o The noise associated with outdoor dining use will adversely impact residential uses in the vicinity. o The existing use permit approval established the facility to operate as a full service restaurant and did not include outdoor dining areas and such a change in the operational characteristics of the facility will increase the potential for Police and Department of Alcoholic Beverage Control problems in the area. o Adequate on -site parking is not available The proposed parking for the proposed use and resulting parking demand will be detrimental to surrounding properties. http://www.city.newport-beach.ca.us/PLNAgendas/2000/il 1-0902.html 10/28/2003 PLANNING DEPTARTMENT CITY HALL 3300 NEWPORT BOULEVARD P. O. BOX 1768 NEWPORT BCH, CALIFORNIA 92658-8916 To: David Wieland From: Jay Garcia Fax: 49-829-6670 ages: � I Phone: Date: March 23, 2005 Re: C: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Please review this attached document that was prepared for Billy's at the Beach and Charthouse outdoor dining areas. There is no exhibit detailing the location of noise study reading sites in that document. However, you may propose locations for the preparation of your study for Rusty Pelican outdoor dining area for our review. One location across the water and one at the side property line will probably be sufficient. I will forward your proposed methodology to James Campbell who will probably process the application. If.you have any questions please do not hesitate to contact me at 949-644- 3206 or James Campbell at 949-644-3210. Map Output Page 1 of 1 2735 W. Coast Hwy y u IL ' 3335 333326'31 3131 ' eked City &)it &y 3 21 - `. g4.. 3101 s'T,.k ' rA pvk Ciy 2 EYJ 4m tSd pq 2901 27Q0 ascir 80 • $ti A Legal Lot � = +�,�'' 27*51 `2719 �rJ`�r`�} 3456 ' 2f15 27t11271T �, „� 3450 f �,• 27212633 2703= 3475' 3434 3431. 3421` 3477 3434' '' 3410 W3416 3404 3406 3412 34 3411 Ir http://www6.city.newport-beach.ca.uslservleticom. esri. esrimap.Esrimap?ServiceName=nb_info&ClientV ersion=4.0&Form=True&Encode=F... 03/23/2005 Map Output Page l of 1 2735 W. Coast 31$0 3100 � .. "" 177 ` ., 2640 660 3000 3000.2912, 149 � 2650 ® �ti Feature a9oz ..;2906 Cyr Boundary z6�f zi Eernnts Easements Vacated 2700 r g Legal Lot Line 3471 3413 http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=nb_info&ClientV ersion=4.0&Form=True&Encode=F... 03/23/2005 Ma Output Page ! of! .� < . .. . . . . :»2 »,.. . . . . h#p:/www6c4y n wport be c .c .0 lservQtcom.e d.e rima .£snma ?S rviceName=n of &C§e t e sion=4 0&form=True&En od =£. 0 % 3 200 NOISE ASSESSMENT FOR THE CHART HOUSE AND BILLY'S OUTSIDE SEATING ARENAS CITY OF NEWPORT BEACH Report # 00-204 September 11, 2000 Prepared for Earl's Landing 2801 W. Coast Highway, Suite 260 Newport Beach, CA 92663 _ Prepared by Fred Greve, P.E. Tanya Moon MESTRE GREVE ASSOCIATES 280 Newport Center Drive Suite 230 Newport Beach, CA 92660 (949) 760-0891 Mestre Greve Associates Noise Assessment for Chart House and Billy's Outside Seating Arenas Page 1 NOISE ASSESSMENT FOR THE CHART HOUSE AND BILLY'S OUTSIDE SEATING ARENAS CITY OF NEWPORT BEACH 1.0 Introduction The Chart House and Billy's Restaurant propose the construction of patio areas to serve as outside serving areas. The proposed Chart House and Billy's Restaurant outside seating areas are facing Newport Bay. There will also be some modifications to the existing parking lots at the site, and owners' remote/lease parking lots north of Pacific Coast Highway (PCH). The vicinity map is shown in Exhibit 1. The site plan is shown in Exhibit 2. The project is located in the City of Newport Beach. This report will assess the noise impacts due to the proposed project on the nearest residential areas located across Newport Bay on Lido Isle. 1.1 Noise Criteria Community noise levels are measured in terms of the "A -weighted decibel," abbreviated dBA. A -weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Exhibit 3 provides examples of various noises and their typical A -weighted noise level. The "equivalent noise level," or Leq is the average noise level on an energy basis for any specified time period. The Leq for one hour is the energy average noise level during the hour, specifically, the average noise based on the energy content (acoustic energy) of the sound. It can be thought of as the level of a continuous noise which has the same energy content as the fluctuating noise level. The equivalent noise level has the units of dBA, therefore, a sound measured for one hour may be expressed as a one hour Leq of 57 dBA. M OW IMS REMOTE PARKING LOT 5= PL--v r: 7� PACIFIC COAST HIGHWAY CHART HOU5E 51LLY'S AT 2601 THE BEACH COAST �H16HHAY 2151 K COAST HHY. NEWPORT BAY YIGINITY MAP NO 50ArLE MESTRE GREVE ASSOCIATES O SPACE IVERFLOH PARKINS W ARRANGOvIENT Exhibit 1 Vicinity Map EXISTING BUILDING EXISTING RESTAURANT �g 1 CIO FUIL—a G 5 G2,'= T MESTRE GREVE ASSOCIATES L I �B�G (-- 7 of �% p'r � II0/l iO� i♦O �' � �� °,�_ , :tee Obi � •��«:��_ J IL - r r c � NEW NEW -IL PATIO "T10 1 i� C4-ARTHOLW BILLYS 1 9,0I /IB a /e 1 4�' I I M rc15TlNGW� Exhibit 2 Site Plan Mestre Greve Associates Noise Assessment for Chart House and Billy's Outside Seating Arenas Page 2 1.2 Noise Ordinance Standards The noise ordinance for the City of Newport Beach as contained in Chapter 10.26 titled "Noise Control Regulations" of the municipal code establishes exterior and interior noise standards for all properties in the designated noise zones. Table 1 presents the City of Newport Beach's noise ordinance. The noise ordinance is designed to control unnecessary, excessive and annoying sounds from stationary (non -transportation) sources at the residential property line such as mechanical equipment operating on private properties. The noise ordinance requirements can not be applied to mobile noise sources such as motor vehicles when traveling on public roadways. Control of the mobile noise sources on public roads is preempted by federal and State laws. The noise ordinance criteria are given in terms of the equivalent noise level (Leq) at the property boundary. Greater noise levels are permitted during the day (7 a.m. to 10 p.m.) as compared to the night-time period (10 p.m. to 7 a.m.). Table 1 CITY OF NEWPORT BEACH EXTERIOR NOISE ORDINANCE STANDARDS DESIGNATED NOISE ZONES NOISE LEVEL NOT TO BE EXCEEDED (Equivalent Noise Level or LEQ) NOISE TYPE OF 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. ZONE LAND USE (daytime) (nighttime) EXTERIOR NOISE STANDARDS I Single, two- or multi -family residential 55 dBA 50 dBA II Commercial 65 dBA 60-dBA III Residential portions of mixed properties 60 dBA 50 dBA IV Industrial or manufacturing 70 dBA 70 dBA If the ambient noise level exceeds the resulting exterior standard, the ambient shall be the standard. *Refer to Section 10.26.025 for special conditions applied the noise zones. The closest residential areas facing the proposed outside seating areas are located across Newport Bay on Lido Isle to the south. Noise Zone I is applicable to these residential areas and is the most stringent. The Newport Beach noise ordinance states that the daytime noise level for a stationary noise and source measured at an outdoor area of a residential property cannot exceed an Leq noise level of 55 dBA. The nighttime noise levels must be penalized by 5 dB to reflect Mestre Greve Associates Noise Assessment for Chart House and Billy's Outside Seating Arenas Page 3 the increased sensitivity to noise occurring during this time period. The nighttime noise level is limited to an Leq of 50 dBA. The project is proposed to limit the hours for serving to 11 p.m. at the latest, and therefore, the proposed project must meet the more stringent nighttime noise standard of 50 dBA Leq. Mestre Greve Associates Noise Assessment for Chart House and Billy's Outside Seating Arenas Page 4 2.0 POTENTIAL NOISE IMPACTS Potential noise impacts are commonly divided into two groups; temporary and long term. Temporary impacts are usually associated with noise generated by construction activities. Long term impacts are further divided into impacts on surrounding land uses generated by the project and those impacts which occur at the project site. 2.1 Short Term Noise Levels 2.1.1 Construction Noise Construction noise represents a short term impact on ambient noise levels. Noise generated by construction equipment can reach high levels. Noise levels for equipment which might be used for the excavation and construction of the proposed project are presented in Exhibit 4. Note that the noise levels presented are for a distance of 50 feet. The noise levels in Exhibit 4 decrease at a rate of approximately 6 dBA per doubling of the distance. Therefore, at 100 feet the noise levels will be about 6 dBA less than reported in the exhibit. Similarly, at 200 feet the noise levels would be 12 dBA less than indicated in the exhibit. There are residential areas located across Newport Bay to the south. The closest distance from the project site to the nearest homes is estimated to be approximately 840 feet. At this distance, the peak construction noise level is projected to range between 45 and 70 dBA. Noise levels from construction of a project of this type can usually be mitigated by limiting the hours of construction. If problems arise, construction activities should be restricted to the hours from 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays as established in the City's noise ordinance. 2.2 Long Term Noise Levels 2.2.1 Parking Lot Noise Levels The proposed project will include some added parking spaces on the existing parking lots, and minor modifications to the existing owners' remote and leased parking lots located north of Pacific Coast Highway. It is projected that these proposed changes will not be significant enough to affect the nearest residential land uses. No new noise source pertaining to the parking lots is projected. Mestre Greve Associates Noise Assessment for Chart House and Billy's Outside Seating Arenas Page 5 2.2.2 Potential Outside Seating Patio Noise The project proposes outside seating areas for the Chart House and Billy's Restaurant. The primary noise source for the outside seating areas is anticipated to be background music. The restaurants will use speakers to amplify the background music for the outside seating areas. It is not anticipated that amplified instruments such as a piano, electronic keyboard, electronic drums, and woodwind type instruments are used. The proposed outside patio areas will be protected by 6 feet glass barriers. Background music generally serves as the ambience and is more subdued than normal human conversation. Human speech typically has an average noise level of around 65 dBA at 10 feet. Background music in the outside patio areas must be low enough so as to not interfere with normal human conversation. Therefore, a noise level of 60 dBA at 10 feet is appropriate to use for the background music noise at the outside seating areas. The nearest existing residential areas are located across Newport Bay. The closest distance from the project site to the nearest residential areas is estimated to be approximately 840 feet. At this distance, the nearest residential areas will experience a worst case noise level of approximately 21 dBA due to the background music in the proposed outside patio areas of the restaurants. With the proposed 6 foot glass barriers, the noise level is projected to be reduced by 5 dBA. The potential noise levels due to the background music will be well below the nighttime noise standard of 50 dBA Leq. It should be noted that for an urbanized city area, an ambient noise level of 45 dBA or below is considered to be very quiet. Therefore, the potential background music of approximately 20 dBA is not projected to be audible, specifically at the nearest residential areas. The use of speakers is proposed in the outside seating areas of the restaurants. However, the background music from speakers is not projected to be discernible at the nearest residential areas. No mitigation measures are necessary. Mestre Greve Associates Noise Assessment for Chart House and Billy's Outside Seating Arenas Page 6 3.0 MITIGATION MEASURES 3.1 Construction Noise Impacts Construction activities will be conducted in accordance with the City of Newport Beach's noise regulations which limit the hours of construction to the hours of 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays 3.2 Off -Site Noise Impacts 3.2.1 Parking Lot Noise Impacts The results indicate that the noise generated by the modified parking lots will not be new or significant at the nearest residential areas. 3.2.2 Outside Seating Areas Noise Impacts The potential noise levels due to the background music in the outside seating areas of the restaurants are projected to be well below the nighttime noise ordinance standard of 50 dBA. The background music is projected to be minimal and will not be discernible at the nearest residential areas. 7/28/03 2801 Office Restaurant 2751 Office Restaurant Lunchtime Waiver PARKING ANALYSIS 2751 & 2801 WEST COAST HIGHWAY REQUIRED PARKING SQUARE FEET 15,831.00 3,190.00 2,964.50 1,691.50 TOTAL Required without waiver TOTAL Required with waiver ON SITE TANDEM TOTAL SURPLUS WITHOUT WAIVER SURPLUS WITH WAIVER DAYTIME 63.32 0.00 11.86 42.29 <35.00> 117.47 82.47 AVAILABLE PARKING NIGHTTIME 0.00 79.75 0.00 42.29 122.04 2801 2751 AVON TOTAL 52 31 23 106 8 8 0 16 60 39 23 122 SURPLUS DAYTIME NIGHTTIME 4.53 <.04> 39.53 <.04> Q ��W PORT _°> CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C_q R �P March 29, 2002 Gordon B arienbrock 2801 W. Coast Highway, Suite 260 Newport Beach, CA 92663 Re: Parking for Charthouse and Billy's at the Beach UP No. 3674, Outdoor Dining 67 & 68 Dear Mr. B arienbrock, Enclosed is a copy of the executed off -site parking agreement for the referenced applications. With this agreement, you have satisfied the Condition No. 9 related to off -site parking. I wanted to take this opportunity to clarify the issues you raise in your letter dated March 21, 2002. I agree with your position that the Planning Commission required more parking (the entire 24-space parking lot on Avon) than the 3 on -site parking spaces lost due to the construction of the patio. The Department's position remains that a clarification of the issue and any change to the conditions of approval requires consideration by the Planning Commission. The Planning Department offered you the opportunity to go to the Planning Commission to clarify the parking question. However, due to your expressed desire to further modify the parking arrangement by amending other conditions of approval and a proposal to provide tandem parking on -site, we felt that the clarification and the amendment you seek should be taken to the Planning Commission at the same time rather than separately. Patty Temple and I indicated that the fastest way to obtain your building permit is to comply with the current conditions of approval as Planning Commission consideration of the clarification and amendment you seek would take several weeks. As noted above, you have satisfied Condition No. 9, and provided that you have satisfied the remaining conditions and the Building Code, you should be able to obtain your building permit for the patios. If you have any questions regarding this letter, please call me at (949) 644-3210 or you can contact me via e-mail at jampbell@city.newport-beach.ca.us. Sincere . James W. Campbell Senior Planner F:\USERS\PLN\Shared\1PLANCOM\2000\11-09pc\Billy's\March 29.doc 3300 Newport Boulevard, Newport Beach March 21, 2002 Ms. Patricia Temple Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Patty, GgOW�s � H � off Ship Bto�e PL4IVN1NG pEPARTM► C17Y nF lU R MEET 2 2 AA.M ? 8 g AO �.,s� � Enclosed are the executed offsite parking agreement and parking lease that you have required prior to issuing a building permit for the addition of outdoor seating for the Charthouse and Billy's restaurants. As you know, I am submitting these under protest. strongly disagree with the staff s interpretation of the outcome of the Planning Commission meeting, of November 9, 2000. One half of the additional parking that was required was for the additional area that we requested. When, The Planning Commission denied this additional area, I think they assumed that I would not have to provide parking for the denied area. With the daytime waiver that is still in force, I now have 21 spaces more than my floor area requires during the day and 34 spaces more than required at night. I don't understand why we should have to provide more parking than any of our competitors. It is not fair. You have repeatedly pointed out that I only have two options. 1. Sign and record the enclosed parking agreements. 2. Start the whole process over again with a new request for modification of my use permit. It is imperative for the success of the restaurants that the outdoor seating is in service by summer. I have no choice but to sign these agreements and then go back to the Planning Commission for a more reasonable interpretation of their requirements. Very Truly Yours, Gordon Barienbrock President 2801 W. Coast Hwy., Suite 260 / Newport Beach, CA 92663 / (949) 574-7600 Fax (949) 574-7610 Y 15 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in Official Records, County; of Orange Darlene Bloom, Interim Clerk Recorder CITY OF NEWPORT BEACH Planning Department 2002027314110;56am 04102102 3300 Newport Boulevard 115 15 Al2 8 P.O. Box 1768 0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00 Newport Beach, CA 92658-8915 RECEIVED BY PLANKING DEPARTMEN 1 Space Above This Line for Recorder's Use Only 41 AM APR 11 2002 PM C 718,911011111zj ti4jst41I515 OFF -SITE PARKING AGREEMENT Gordon S. Barienbrock as Trustee of The Gordon Barienbrock Family Trust initially created 06/19/85, d.b.a. Earl's Landing THIS AGREEMENT, made and entered into this 1 A day of March, 2002 by and between CITY OF NEWPORT BEACH, a municipal Corporation and charter City, hereinafter referred To as "City," and Gordon S. Barienbrock as Trustee of The Gordon Barienbrock Family Trust initially created 06119195, d.b.a. Earl's Landing hereinafter referred to as "Owner, and Gordon S. Barienbrock as Trustee of The Gordon Barienbrock Family Trust initially created 06/19/85, d.b.a. Earl's Landing hereinafter referred to as "Lessee" is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: 1 Owner owns certain real property located at 2620 Avon Street, Lot 45 of Tract, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as: Lot 45 of Tract 1133, Newport Beach, CA. 92663 hereinafter referred to as "the property"; and II. Lessee operates on property located at 2751 w. Coast Hwy. Newport Beach, CA. 92663 a Restaurant known as Billy's At the Beach, Pursuant to Use Permit No. 3328, Provisions of the Newport Beach Municipal Code require persons conducting a Restaurant , to provide parking spaces for their customers; and III. Lessee has applied to City for a Use Permit, No.3674 and Outdoor Dining Permit, No. 67(hereinafter "UP No. 3674/ODP 67), to add an outdoor Patio area to the Restaurant for additional dining the changes proposed by Lessee are such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement with Owner, which agreement grants to Lessee the exclusive right to use 24 automobile parking spaces on the property. A copy of the written agreement is attached hereto and marked Exhibit "A"(the "Lease") V. The Planning Commission of the City of Newport Beach, in conjunction with its consideration of UP3674/ODP 67, required this Off -Site Parking Agreement, after determining that the conditions of Section 20.66.088(D) of the Newport Beach Municipal Code were satisfied; and NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee shall execute, and do all things necessary to ensure the effectiveness and validity of, the Lease pursuant to which Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by the Lease (Exhibit "A") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of the Lessee pursuant of this paragraph shall continue for such time as the Lessee operates a 425 square foot Outdoor Dining Area located at 2751.W. Coast, Newport Beach, CA. 92663, and with the characteristics, and intensity of use, authorized by the UP 3674/ODP 67 and any subsequent approvals granted by City. 2. In the event that the use of the off-street automobile parking spaces provided for on this Lease Agreement (Exhibit "A") are lost to Lessee, for any reason, Lessee agrees to do the following: a. Remove all outdoor dining and replace the I parking spaces removed pursuant to authorization of UP 3674/ODP 67 located at 2751 W. Coast Hwy. Newport Beach, CA. 92663. b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and C. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement (Exhibit "A") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council and the City Newport Beach, as required by the Charter of the City of Newport Beach and the Municipal Code. 3. Lessee shall, at all times the Restaurant is open for business, provide a sufficient number of parking attendants to ensure that the off —site parking spaces are utilized for the purposes intended. 4. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission and/or City Council of the City of Newport Beach in conjunction with the approval of UP No. 3674/ODP 67. The minutes of the Planning Commission and / or City Council reflecting the conditions imposes are attached hereto, Marked Exhibit `B", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to expiration of the written Lease Agreement, (Exhibit "A") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A"). Failure to do so shall be deemed a loss of parking per paragraph 2. 6. This Agreement shall run with the property, shall bind the heirs, successors - in -interest transferees, vendees, and / or assignees of the parties hereto, and shall be recorded in the Office of the Recorder of the County of Orange. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH By A Municipal Corporation Homer Bludau City Manager APPROVED AS TO FORM: By l&:�:� Robin L. Clauson Assistant City Attorney ATTEST: By LaVonne Harkless City Clerk OWNER: By _,z T�r�fi Gordon S. Barienbrock as Trustee of the Gordon Barienbrock Family Trust LESSEE: By - Gordon S. Barienbrock as Trustee of the Gordon Barienbrock Family Trust a STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) On ri tD�- before me, tt1 jai 1 I • beryl, , "ory r qb/4ersonally appeared r(V- aU personally known to me to be the person(.&) whose name(*) is/are subscribed to the within instrument and acknowledged to me that he/sloe f hey executed the same in his/heq4heir authorized capacity(ie4, and that by his/hw/their signature.(&) on the instrument the person(s)- or the entity upon behalf of which the person(&} -acted, executed the instrument. WITNESS my hand and official seal. 0�tzp, ,,J. Ire, Notary's Signature STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) 11=1 I. BROWN rvz, Commission i 1336673 z i Notary Public - California z Orange County My Comm. Expires Jon 25, 2006 On . before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature planning\carolyn\forms\statel.cal - - STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) O/�°d� before md� !' % personally app tired �• �' personally known to me (or proved to me on the basis, satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/4hey executed the same in his/-herfttmir authorized capacity(ies3; and that by his/UF14eilf signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. sANDRA M. SOLEM Commission # 1325076 Z Notary Public - California Z orange County My Comm. Expires Oct 13, 2005 ~%rvW- STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) '` On/ ;' `f �% !^/'�' before ��, personally appeitred 6 personally 6ovn to me (or proved to me on the basis. satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/4ha#hey executed the same in his/hef/their authorized capacity(ies), and that by his/heir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument hand and Signature planning\carolyn\forms\statel.cal SANDRA M. SOLEM Conxnission # 13=76 Notary Public - California Orange County My Comm Expires Oct 13, 2005 Lease Agreement Exhibit A Date: March 1, 2002 Parties: Lessor/Owner: Gordon S. Barienbrock as Trustee of the Gordon Barienbrock Family Trust initially created 06/19/85, d.b.a. Earl's Landing Lessee/Tenant: Gordon S. Barienbrock as Trustee of the Gordon Barienbrock Family Trust initially created 06/19/85, d.b.a. Earl's Landing Premises: 2620 Avon Street, Newport Beach, California. Lot 45 of Tract 1133 in the city of Newport Beach, County of Orange in the State of California. Recitals A. Lessor is the owner of the property located at 2620 Avon Street, Newport Beach, California B. Lessee wishes to lease from the Lessor 24 parking spaces for the sole and exclusive use from 11:30 A.M. to 12:00 A.M. Sunday through Saturday for the three (3) parking spaces lost due to the construction of an Outdoor Patio. The Lessor wishes to lease such Premises to the Lessee. Agreement Now therefore, in consideration of the above Recitals and the mutual and reciprocal terms, covenants, and conditions following, Lessor leases to Lessee and Lessee leases from the Lessor the 24 Parking Spaces at 2620 Avon Street as required by the City of Newport Beach Use Permit, No. 3674 and Outdoor Dining Permit 67. l . Approval. This Lease Agreement will be recorded, with the consent of the parties at such time as the City approves and records the Off -Site Parking Agreement, and as an attachment to this Agreement. 2. Rent. Lessee agrees to pay Lessor as initial annual rental at such place as Lessor may from time to time designate, the sum of $ 6,000.00 payable in twelve (12) equal monthly installments of $ 500.00 each in advance on the first business day of each month. 3. Lease pursuant to application. That the Lease is made pursuant to the application of the Lessee to the City of Newport Beach for a Conditional Use Permit 4. Term. The initial term of this Lease shall be for a period of five { 5 ) years and shall commence on the date that construction begins and terminate five ( 5) years after the date of construction. Lessor: Gordon S. Barienbrock as Trustee of the Gordon Barienbrock Family Trust initially created 06/19/85, d.b.a. Earl's Landing Lessee: Gordon S. Barienbrock as Trustee of the Gordon Barienbrock Family Trust initially created 06/19/85, d.b.a. Earl's Landing �w H January 15, 2001 Patricia L. Temple Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Dear Patty, G�t.OW�S Qr Ship RECEIVEp BY PLANNING QEPARTh4ENlT CITY QF NF:W0r)P EEA-fl AM JAN 18 2001 PM 7�8�9110111112�1i21�+��6�6 I was a little confused and somewhat frustrated during the planning commission meeting of November 23, 2000. As you may recall a motion was made and approved after the public comment portion of the meeting. This motion decreased the public area of Billy's outdoor seating which should have decreased the parking requirement. When I received the minutes and Notice Of Final Approval, I became aware of several discrepancies. The most important of these is the parking requirement. Since we are now adding only the allowable 25% outdoor seating we do not need additional parking for the added space. However, the outdoor seating will eliminate three parking spaces. During the nighttime we currently have a 13 space surplus so this is not a problem. During lunchtime we need three additional spaces. The findings and conditions call for an offsite parking agreement providing 24 parking spaces at 2620 Avon Street. This is 21 spaces more than we need. I have consistently stated that I did not not want to encumber a $400,000.00 piece of real estate for a few spaces that may be used for one or two hours five days a week. It does not make economic sense. I will agree to provide three parking spaces in the Avon Lot as a condition of the use permit which gives the city the right to withdraw the permit if the parking is not available. This could be done without an offsite parking agreement and without tying up the entire lot. As an option I would agree to devote the entire lot at 2620 Avon (26 spaces with additional stripe) 24 hours a day to the property at 2801 & 2751 W. Coast Highway if I could use it to replace the 50 Mariners Mile spaces. This would solve both the daytime and nighttime requirements. Since I only legally need 38 spaces at night and I have 26, I am 12 spaces short, However with tandem valet parking we pick up 26 spaces so we 2801 W. Coast Hwy., Suite 260 / Newport Beach, CA 92663 / (949) 574-7600 Fax (949) 574-7610 never use all 50 spaces at Mariners Mile. We currently use 15-20 spaces max combined at Mariners Mile and Avon. If this were acceptable I would gladly sign the necessary offshe parking agreements tying up the entire lot. I would like to meet with you to discuss this option. As you know, I have been leasing 50 parking spaces from Mariners Mile for 16 years. Most of these spaces have never been used by the restaurants. Since my acquisition of the Avon lot two years ago, we have had plenty of parking without using the Mariners Mile lot. Very Trull Yours, Gordon S. Barienbrock President GSB/lh CHARTHOUSE AND BILLY' S PROPOSED PARKING Required Parking Daytime 2801 Office 13 2751 Office 64 Billy's Restaurant 43 120 Nighttime Charthouse Restaurant 80 Billy's Restaurant 43 123 Available Parking On Site 82 (with outdoor seating) 2620 Avon 26 108 Deficit Daytime 12 Nighttime 15 This deficit can be changed to a surplus by tandem parking in the main lot at 2751/2801 W. Coast Highway. I have full time (16 hours/day) valet parking which provides 26 tandem parking spaces. Only one car must be moved to have access to any parking space. Surplus with tandem parking Daytime 14 Nighttime 11 0 • Lou and Penny Rosso 343 Via Lido Soud Newport Beach, CA 92663 Fax (949) 673-4715 • Email: mplr@aol.com To: Newport Beach Planning Commission From: Lou and Penny Rosso Subject: Addition of outdoor Dining at Biily's and the Charthouse Ladies and Gentleman, We are residents of Lido Isle and again we are confronted with the prospect that you will be persuaded by the application for an outdoor dining permit for the two restaurants mentioned above. The subject of noise from such facilities well into the evening that comes across the water into a residential community is well known to you. This was taken up not too long ago when you were asked to deny such plans for " Windows ion the Bay" and "Joe's Crab Shack". The same situation exists in this case and we hope you will be guided by the same concern for the residents of Lido. We feel there is already too much commercial exploitation of Newport Beach and it is not in the best interest of preserving what residential atmosphere that still exists by allowing more noise pollution into an area where people live.. We urge you to deny these applications at the meeting that takes up this matter on November 9tn RECEIVED BY PLANNING �?RT�q CITY OF NE�p�H NOV. 0 6 i000 PM AM 12g4g6 7�g�9il0illi12i i i i ► �. Sincerely, 9 # pe"Al Lou and Penn*Rsso 0 kt--O t 1-C? November 6, 2000 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Planning Commission Re: Use Permit No. 3674 Billy's at the Beach and The Charthouse Restaurant Dear Sir: As residents of Lido Isle, we wish to strongly urge you to deny the above mentioned request. The residents have had the experience of outside dining being allowed by restaurants along Mariners Mile before. The noise generated by such establishments is intolerable in a residential community and that is where the noise is heard when outside dining is allowed at this location. Newport Beach is a very desirable place to live. Please, let us keep it that way by putting the needs of the residents first when you consider applications such as this one. Very truly yours, Patricia Klin ensnt 453 Via Lido Soud Newport Beach, CA �tJlti� , Allen h aeGEIvF-D BY pLANNING C)`PARTMENT CITY rr M NU, ® 1060 PM A � � to 11I1 123436illtl ?181�r l 4 06-NOV-00 16:12 FRONT-WEINBERG AINBERG LAW OFFICE 949-251-6540 T-407 P-01 F-600 MARTIN 19, WEfNBIkRG ELAINE �jOBKPH WEINGERG Dear Lido Isle Residents: 1AW orrices or WE1NBERC- AND WEINEF-RC A LAW PARTNERSHIP I15101 VON KAIaMAN AVIENUE SUITE 3so IRVINE, CALIFORNIA 98612 October 31, 2000 TE{.[PHONC 104111Ii 474.apoo TICLECQPIER (94.0) HSI-6*40 As you may recall, we all united to resist the noise made from both "Joe's Crab Shack" and "Windows on the Bay," interfering with the peacefiil enjoyment of our homes on Lido Isle, as well as affecting their value. If the homes on the waterfront are devalued, all the homes on Lido Isle will be devalued as this will become known as the noisy Island, .: ihifortunately, there are restaurants on the same block'on-PCH that, are attemptiing to do what "Windows on the Bay" atid'!'Ioi e'S Crab Shack"unsuccessfully"attempted,'as'did "Windows on the Bay:" The new applicants are "Billy's'at the Beach" and the "Chart house," on Pacific Coast Highway. "Silly's" is owned by the "Chart Douse," and they are seeking by ding a petition for each restaurant with the Newport Beach Planning Commission, to have approximately 800 sq. ft. of outdoor dining on the backs of their property, with voices and music clearly audible across the water. (* see attached request by the restaurants) The hearing is on November 9th before the planning commission in the council chambers of City Fall. A copy of this letter is being sent to the Lido Isle Community Association, with a view toward their realization of the negative economic impact on all of Lido Isle, if this permit is granted. We encourage all of you to appear on November 9', re eded by letters of objection to the petitions by "Bialy's" and the "Chart House." Please send these letters to the Newport Beach Planning Commission. An�enthusiastic turn -out at the hearing, raising an objection that restaurants on'the waterfront-thatwould emit more than the allowable decibels is against the law would be a powerful persuasioi .'' Also, 'it is against the stated policy and position of the City Planning Commission and the City Council, based upon past history of their rulings on "Windows on the Bay" and "Joe's Crab Shack.", 06-NOV-00 16:12 FROM-WEINBERG W INSERG LAW OFFICE 049-251-6540 * T-407 P.02 F-600 Lido Isle Residents October 31, 2000 Page 2 Thank you for your attention to this matter. We know it is of great concern to all of us, significantly affecting our property values. If those petitions are granted, the entire ambience and reputation of beautiful Lido Isle will be damaged. Yours truly, tom/ ELAINE AND MARTIN WEINBERG 100 'Via Lida Nord 675-6000 0 1 • October 17, 2000 Patricia Temple Planning Department of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Patty, Thank you for meeting with Billy and me yesterday. As you mentioned, the only parking problem we have is for lunch service, on weekdays. After 5:00 p.m. we require 125 spaces and have 132 available without using the 2620 Avon lot. On Saturday and Sunday we have excess parking because the offices are closed. We currently have a waiver on the lunchtime parking for 35 spaces. This waiver was granted for several reasons. 1. Lunch business would never be at peak capacity. 2. Many lunch patrons are local and walk to lunch. 3. Many office workers go elsewhere during lunch freeing up parking spaces. 4. Parking attendant enables tandem parking and more efficient use of lot. The current system has been working. The office workers find parking spaces, and the restaurant patrons leave their cars with the parking attendant. We probably average about ten restaurant cars a day. With the proposed outdoor seating we will require two additional parking spaces plus we will lose three spaces, so we will need five more spaces. As you know I now own the parking lot at 2620 Avon which has 25 parking spaces. I would prefer not tying up this lot with offsite parking agreements especially since it is only for weekday lunchtime use. I would like to get another waiver with the understanding that I will maintain this property as a parking lot for the sole use of 2751 and 2801 W. Coast Hwy. If, for any reason, this parking is not available, Billy and I will agree to stop serving lunch. The primary reason that recorded offsite parking agreements are required is that the offsite lot is usually owned by a third party. That is not the case with this lot, and I have no intentions of ever selling it. Thanks again for your help. Very Truly Yours,, Gordon S. Barienbrock President 2801 W. Coast Hwy., Suite 260 / Newport Beach, CA 92663 / (949) 574-7600 Fax (949) 574-7610 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 19, 2000 Mr. Gordon Barienbrock 2801 West Coast Highway, Suite 260 Newport Beach, CA 92663 Subject: Use Permit 3674, Outdoor Dining Permit No 67 Outdoor Dining Permit No. 68 2751 and 2801 West Coast Highway Dear Mr. Barienbrock: On July 6, 2000, the Planning Commission removed from calendar the above referenced request for a use permit and outdoor dining for the subject properties. In order to place these requests back on calendar, an acoustical analysis must be prepared and submitted to the Planning Department. Per my conversation with Kurt Temple today, I have included the name of an acoustical company that the city has retained for previous similar studies of restaurants in the area. Mr. David Wieland of Wieland Associates, located at 23276 South Pointe Drive, Suite 114, Laguna Hills, CA 92653, Tel. (9949) 829-6722, should be able to provide the required report. I am enclosing a copy of the Bayfront Restaurant Regulations staff report and minutes for your information. If you have any questions or desire further assistance, please do not hesitate to contact me at (949) 644-3208. Sincerely, PLANNING DEPARTMENT EugenA Garcia, AICP Associate Planner 3300 Newport Boulevard, Newport Beach P� 0 Page 1 of 1 Garcia, Genia From: Campbell, James Sent: Friday, May 19, 2000 11:45 AM To: Garcia, Genia Cc: Johnson, Janet Subject: Billy's & Chart House Genia, Gordon Barienbrock called and requested a delay for his hearing. He will be in Europe and cannot make June 8th, so he wants June 22nd. I told him A OK and have a nice trip. We should bask in the glow of a rare event - an applicant requesting a delay, it must be a full moon. Jim Campbell, Senior Planner (949)664-3210 06/20/2000 05/17/2000 12:24 19495747E THE CROWS NEST � LOW -& A�' Irate: h in A tn: FAX. From: U, Number of Pages: ar-- 0 4a� car Ship Bto���a FAX LRANSMISSZON SENDING FAX: (949) 574-7610 (�) including this cover sheet Trausmitted as checked below ( ) For review Transmitting Operator- ( ) For review & comment Date: Time: PAGE 01/02 2801 W. Coast Hwy_, Suite 260 1 Newport Beach. CA 92663 / (949) 574-7600 Fax (949) 574-7610 THE CROWS NEST PAGE 02/02 NEWPORT CENTER . ESCROW, INC. Escrow No. 4089-J Reference: 2630 Avon Street Newport Beach, CA 92663 Buyer ernrsx CLOSING STATEMENT Gordon Hariernbrock, Trustee 2801 W. Coast Highway, Suite 260 Newport Beach, CA 92663 Consideration: Total Consideration Closing Dater Septentber 4, 1599 Page 1 DEBITS - - - - CR )ITS - Deposits: 300,000.00 Deposit By: Gordon Barienbrock; Trustee Deposit 500.00 By: Gordon $arienbrock, Trustee /Lp a) l d 239,700.00 ,adjustments: Funds To Buyer/Outside Escrow 6'0,000.00 Proration: County Taxes at $ 1609.66 per 6 months-. 563.38 From 07/01/98 to 09/04/98 Title Charges: tecord Grant Deed ' ].2.00 Escrow Fees: y� Escrow Fees •Gt�4 J %� 500_00 -heck Herewith 'otals $ 251.38 300,763.38 $ 300,763.38 SAVE FOR INCOME TAX pURpp9ES 'irst instaliment taxes are due November 1st, and delinquent December loth, econd installment taxes are due February 1st, and delinquent April loth. f you do not receive a tax bill from the tax collector, or the Seller, it is our responsibility to contact the tax collector's office for a duplicate bill. CITY OF NEWPORT BEACH .P.O. BOX 1768, NEWPORT BEACH, CA 9265&8915 PLANNING DEPARTMENT (949) 644-3200 May 10, 2000 Gordon Barienbrock 2801 West Coast Highway, Suite 260 Newport Beach, CA 92663 Subject: 2751 and 2801 West Coast Highway Dear Mr. Barienbrock: Your applications for the above referenced projects have been deemed complete by the Planning Department. The public hearing for this case is set for June 8, 2000, and a public notice will be sent to you in the mail. For your information, the meeting commences at 7:00 p.m. and is located in the Council Chambers. Should you have any questions or need assistance in the meantime, please do hesitate to contact James Campbell at (949) 644-3210. Sincerely, �r�:,. . 1�-'wabw- 11110 I:iian 3300 Newport Boulevard, Newport Beach EARUS LANDING J 2801 West Coast Highway `l Newport Beach, California 92663 April 7, 2000 (949)574-7600 City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92658 City of Newport Beach; NilaDanielle Lewis has permission to act. on my behalf, to obtain permits pertaining to 2751 and 2801 West Coast Highway, Newport Beach, CA. Feel free to call with any questions. Thank you, Gordon Barienbrock GB/nj Cc: file 0 • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: May 10, 2000 Staff Planner: James Campbell, ext. 3210 X PUBLIC~WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT , PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENTNICE & INTELLIGENCE MARINE SAFETY REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Billy 's at the Beach & The CONTACT: Gordon Barienbrock Charthouse 1 1 (949) 574-7600 FOR: Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 DESCRIPTION: A request to create a 547 sq. ft. outdoor dining area and a 220 sq. ft. service area for an existing restaurant. The new patio dining area exceeds the 25% of the net public area and therefore requires 3 additional parking spaces. The proposed patio, along with a proposed 772 sq. ft. outdoor dining area for the adjacent Charthouse Restaurant will eliminate 3 parking spaces. An off -site parking agreement is proposed where a nearby, 24-space parking lot will be made available for the uses. rn LOCATION: 2751 W. Coast Hwy., Newport Beach, CA 92663 I REPORT REOUESTED BY: Mav 17 1 COMMISSION REVIEW (Tentative): June 8, 2000 Check all that apply: ❑ No comments on the project as presented. ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements Application of Standard Code requirements or the are not expected to alter the project design. attached conditions of approval substantially impact or alter the design of the project. I contacted the applicant on to: schedule an appointment for Code review, JR discuss the following (attach separate sheet if necessary): ADDITIONAL COMMENTS (Q see attached): • 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: May 10, 2000 Staff Planner: James Campbell, ext. 3210 X PUBLICWORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _ PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENT/VICE & INTELLIGENCE MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Billy's at the Beach & The CONTACT: Gordon Barienbrock Charthouse 949) 574-7600 FOR: Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 DESCRIPTION: A request to create a 547 sq. ft. outdoor dining area and a 220 sq. ft. service area for an existing restaurant. The new patio dining area exceeds the 25% of the net public area and therefore requires 3 additional parking spaces. The proposed patio, along with a proposed 772 sq. ft. outdoor dining area for the adjacent Charthouse Restaurant will eliminate 3 parking spaces. An off -site parking agreement is proposed where a nearby, 24-space parking lot will be made available for the uses. LOCATION: 2751 W. Coast Hwy., Newport Beach, CA 92663 REPORT REQUESTED BY: May 17 COMMISSION REVIEW (Tentative): Check all that apply: ❑ No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. June 8, 2000 Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following (attach separate sheet if necessary ADDITIONAL COMMENTS (0 see attached): ii b QM 092; "40 eY 1'" . 7t to� 15 ommx ft' 4v.4 time 44 kvie- r o(/ k k 4—, we#v4 c e May 15, 2000 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: USE PERMIT NO. 3674 FINDINGS & CONDITIONS OF APPROVAL FINDINGS: 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 2. That public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. CONDITIONS: 1. All improvements shall be constructed as required by Ordinance and the Public Works Department. 2. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to issuance of the occupancy permit or implementation of the outside dining. Plan-com\UP 3674 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: ME 10, 2000 Staff Planner: James Campbell, ext. 3210 X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _ PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENT/VICE & INTELLIGENCE _ MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Billy's at the Beach & The CONTACT: Gordon Barienbrock Charthouse 1 (949) 574-7600 FOR: Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 DESCRIPTION: A request to create a 547 sq. ft. outdoor dining area and a 220 sq. ft. service area for an existing restaurant. The new patio dining area exceeds the 25% of the net public area and therefore requires 3 additional parking spaces. The proposed patio, along with a proposed 772 sq. ft. outdoor dining area for the adjacent Charthouse Restaurant will eliminate 3 parking spaces. An off -site parking agreement is proposed where a nearby, 24-space parking lot will be made available for the uses. LOCATION: 2751 W. Coast Hwy., Newport Beach, CA 92663 REPORT REQUESTED BY: May 17 COMMISSION REVIEW (Tentative): Check all that apply: ❑ ,Io comments on the project as presented. �.1 Application of Standard Code requirements are not expected to alter the project design. June 8, 2000 ❑ Recommended conditions of approval are attached. ❑ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: Q schedule an appointment for Code review, 0 discuss the following (attach separate sheet if necessary ADDITIONAL COMMENTS (0 see attached): I CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: May 10, 2000 Staff Planner: James Campbell, ext. 3210 X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _ PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENTNICE & INTELLIGENCE Ct �IIm _ MARINE SAFETY _ REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: Billy's at the Beach & The CONTACT: Gordon Barienbrock Charthouse (949) 574-7600 FOR: Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 DESCRIPTION: A request to create a 547 sq. ft. outdoor dining area and a 220 sq. ft. service area for an existing restaurant. The new patio dining area exceeds the 25% of the net public area and therefore requires 3 additional parking spaces. The proposed patio, along with a proposed 772 sq. ft. outdoor dining area for the adjacent Charthouse Restaurant will eliminate 3 parking spaces. An off -site parking agreement is proposed where a nearby, 24-space parking lot will be made available for the uses. LOCATION: 2751 W. Coast Hwy., Newport Beach, CA 92663 REPORT REQUESTED BY: May 17 COMMISSION REVIEW (Tentative): Check all that apply: ❑ No comments on the project as presented. ❑ Application of Standard Code requirements are not expected to alter the project design. June 8, 2000 XJ ecommended conditions of approval are attached. Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, 0 discuss the following (attach separate sheet if necessary ADDITIONAL COMMENTS ee attached): —1CD 5 Date: 5 NEWPORT BEACH POLICE DEPARTMENT May 16, 2000 TO: James Campbell, Staff Planner FROM: CSO Kim Wymer SUBJECT: Billy's at the Beach and The Chart House At your request, our office has examined the project review request for Billy's at the Beach located at 2751 W. Coast Highway and The Chart House located at 2801 W. Coast Highway, Newport Beach. The applicant is requesting to upgrade the existing Use Permit to include Outdoor Accessory Dining for both locations. Per Barienbrock, the property owner, the design will include a glass wind and noise barrier on both the harbor side and the street side of the patio and will also include a stationary 36" wall to separate the areas of the patio designated for each restaurant. Both locations will retain their current themes with full menu service available at all times. According to Mr. Barienbrock both locations would like to have low -volume background music available on the patio areas but are not interested in live entertainment at this time. Mr. Barienbrock said the customers have requested the addition of the patios in the past and that the addition of the patios will also satisfy the need for an area where smokers can dine. Mr. Barienbrock said the restaurants targets local, families and tourists for customers. Mr. Barienbrock stated the location will not make any other changes to the current operation and the hours of operation will remain the same. For Police services information refer to the attached report by Crime Analyst Paul Salenko. Signs and Displays: Mr. Barienbrock stated that the signs for the location will not require any changes and are designed to comply with city conditions as to sign type, size and location. Hours of Operation: According to Mr. Barienbrock, there will be no change in the current operating hours. Preventive Design: The Police Department has no recommendations (see Additional Comments below regarding noise). Security• Alarm companies monitor both locations. Additional Comments: The Police Department generally has no objection to the operation as described by Mr. Barienbrock and upon approval of the Conditional Use Permit will condition the ABC license as necessary to maintain the health, safety and welfare of the community. We recommend establishing appropriate mitigation measures as required to address noise generated from the proposed patio. Such noise could disturb residents across the bay. Accordingly, we recommend that no entertainment or outdoor paging system be allowed on the patio, and that any outdoor sound system used for background music be conditioned to avoid complaints from neighboring businesses or residences across the bay. It may be necessary to limit the hours of operation on the outdoor patio for the reasons described above. For the purposes of this application, you may want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed restaurant operation. For example, events likely to attract large crowds, concerts or events for which an admission fee is charged, those that include any form of on -site media broadcast (live or taped for future broadcast), any event produced by third - party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. C S O Kim Wymer Vice and Intelligence Unit Alyf Pt o New ort Beach Police Department Memorandum June 20, 2000 TO: James Campbell, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for Billy's at the Beach and The Charthouse, at 2751 West Coast Hwy which is the Mariners Mile area of the City. This area encompasses our reporting district (RD) number 25 as well as part of Census Tract 634. This report reflects Newport Beach data for calendar year 1998, which is the most current data available. Calls for Service Information The calls for police services during this time are unavailable. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 5,774 crimes reported to the police department during this period. Of this total, 2,527 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny -theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,247 were Part Two crimes. This equates to a Part One crime rate of 5,123.25 per 100,000 people for this RD. The Part One crime rate for the entire city during this same period was 3,510.1 per 100,000 people. The national Part One crime rate was 4,615.5 per 100,000 people. Crimes RD 25 Newport Beach California' National' Part 1 106 2,527 1,418,674 12,475,634 Part 2 125 3,300 N/A N/A Crime Rate 5,123.25 3,510.1 4,342.8 4,615.5 Number of active ABC licenses in this RD** 22 Arrest Information There were 146 arrests in this area during this same period as compared to 3,515 for the entire city. 21.23% of the arrests made in this area were alcohol related while 33.96% of the arrests citywide were alcohol related. An "alcohol related arrest" means the offender had been drinking prior to the incident for which they were arrested. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 25 Newport Beach California's National* 146 16 3,515 1,565,431 10091,317 f 0 0 NEWPORT BEACH POLICE DEPARTMENT May 16, 2000 TO: James Campbell, Staff Planner FROM: CSO Kim Wymer SUBJECT: Billy's at the Beach and The Chart House At your request, our office has examined the project review request for Billy's at the Beach located at 2751 W. Coast Highway and The Chart House located at 2801 W. Coast Highway, Newport Beach. The applicant is requesting to upgrade the existing Use Permit to include Outdoor Accessory Dining for both locations. Per Barienbrock, the property owner, the design will include a glass wind and noise barrier on both the harbor side and the street side of the patio and will also include a stationary 36" wall to separate the areas of the patio designated for each restaurant. Both locations will retain their current themes with full menu service available at all times. According to Mr. Barienbrock both locations would like to have low -volume background music available on the patio areas but are not interested in live entertainment at this time. Mr. Barienbrock said the customers have requested the addition of the patios in the past and that the addition of the patios will also satisfy the need for an area where smokers can dine. Mr. Barienbrock said the restaurants targets local, families and tourists for customers. Mr. Barienbrock stated the location will not make any other changes to the current operation and the hours of operation will remain the same. For Police services information refer to the attached report by Crime Analyst Paul Salenko. Signs and Displays: Mr. Barienbrock stated that the signs for the location will not require any changes and are designed to comply with city conditions as to sign type, size and location. Hours of Operation: According to Mr. Barienbrock, there will be no change in the current operating hours. Preventive Design: The Police Department has no recommendations (see Additional Comments below regarding noise). Security• Alarm companies monitor both locations. Additional Comments: The Police Department generally has no objection to the operation as described by Mr. Barienbrock and upon approval of the Conditional Use Permit will condition the ABC license as necessary to maintain the health, safety and welfare of the community. We recommend establishing appropriate mitigation measures as required to address noise generated from the proposed patio. Such noise could disturb residents across the bay. Accordingly, we recommend that no entertainment or outdoor paging system be allowed on the patio, and that any outdoor sound system used for background music be conditioned to avoid complaints from neighboring businesses or residences across the bay. It may be necessary to limit the hours of operation on the outdoor patio for the reasons described above. For the purposes of this application, you may want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed restaurant operation. For example, events likely to attract large crowds, concerts or events for which an admission fee is charged, those that include any form of on -site media broadcast (live or taped for future broadcast), any event produced by third - party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. CSO Kim Wymer Vice and Intelligence Unit ti 1CRty of Newport Bea Police Department Memorandum May 16, 2000 TO: James Campbell, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for Billy's at the Beach and The Charthouse, at 2751 West Coast Hwy which is the Mariners Mile area of the City. This area encompasses our reporting district (RD) number 25 as well as part of Census Tract 634. This report reflects Newport Beach data for calendar year 1998, which is the most current data available. Calls for Service Information The calls for police services during this time are unavailable. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 5,774 crimes reported to the police department during this period. Of this total, 2,527 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny -theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,247 were Part Two crimes. This equates to a Part One crime rate of 5,123.25 per 100,000 people for this RD. The Part One crime rate for the entire city during this same period was 3,510.1 per 100,000 people. The national Part One crime rate was 4,615.5 per 100,000 people. Crimes RD 25 Newport Beach California* National* Part 1 106 2,527 1,418,674 12,475,634 Part 2 125 3,300 N/A N/A Crime Rate 5,123.25 3,510.1 4,342.8 4,615.5 Number of active ABC licenses in this RD** 22 Arrest Information There were 146 arrests in this area during this same period as compared to 3,515 for the entire city. 21.23% of the arrests made in this area were alcohol related while 33.96% of the arrests citywide were alcohol related. An " alcohol related arrest" means the offender had been drinking prior to the incident for which they were arrested. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 25 Newport Beach California* National* 146 3,515 1,565,431 10,291,317 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 24 and RD 26. Crimes RD 24 RD 26 Part 1 143 101 Part 2 159 77 Crime Rate 5,265.10 4,902.91 Arrests 150 90 % Of Alcohol related arrests 24% 26.67% Number of active ABC licenses** 5 Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figures used for the Crime Rate are from the 1990 Census. *These numbers are from the 1998 Uniform Crime Reports, which is the most recent edition. **The Number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. If you are in need of any further assistance, please contact me at (949) 644-3791. Paul Salenko Crime Analysis Unit • g ,.norized to Publish Advertisements of all kinds including public notices by Dccree of the Superior Court of Orange County, California. Number A-6214, September 29, 1961, and A-24831 June 11, 1963. . PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the.United States and a resident of the County aforesaid; I am over the age of .eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City -of Costa Mesa, County of -Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: ]1 October 28,*2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 28, 2000 at Costa Mesa, California. Signature • PUBLIC Nltlifift�' iti� � s c ' p ; (pace nee on -site parking . to CITY O NEWPORT B AC °il?� try Emerald Avenue. The and relocation the off site lot City Council Chambers of the fountain measures ap- proximately 10 feet. 6 in APPLICATION: tW Permit Nd.'3674, Off -site City of chat tall at its highest Parking Agreement, Ac- Newport. ,Beach - point which exceeds the maximum ' . allowable cessory Outdoor. Dining PermB Nos. 67 $ 68 3300 Newport ' " hei ht of structures (3 CEQA COMPLIANCE: - $oulevard, ' feet within the This project his been re NeWpOrt' Beach ,required front yard setbacks viewed, arid: it has been j PLANNING APPLICATION: Mod- determined that, it: 191 at,' ...■■..,c��n.r ification No. 5145 eaoricalivrexempt:under° meguiar meetmg viewed, and it has been Quality Act November 9; -000 ,.determined tt►at it is oat , `4.SUBJECT. City"" of , 7A0 p.m; ' eg0 ' ally exempt under Newport Beach, SP-6 1.SUBJECT: `Nancy the requirements of the ((Cannery Village/ Heinz Russell; 144 California Environmental McFadden Square Spe- South Rayy Front Quality Act. cifc, Plan Area). SUMMARY: jtre re- 2.SUBJECT: Sterns SUMMARY: Request tentlon'; of a - decorative' Architecture, 2410 New- to allow an exception to bronze fountain: located) port Boulevard A request the Sign Regulations `of the Cannery - Village/ within the 9400k front '' SUMMARY: to construct a mixed use -1,500 'McFadden Square Spa-', building with cific Plan District that square feet of com- limit the size;' duration me'lat space and 2 res- and number of tempo- idential units. The Use rary signs. The excep- Permit would allow the tion will apply only to project with a reduced those Properties located commercial FAR of 0.15 within the Specific Plan where 0.25. is required. Area wherevisibility or The Variance would al- identification is impacted low a minor reduction in ; by construction as - landscape area within sociated " with Public the required- front yard Works or Utility Projects setback area abutting APPLICATION . Newport Boulevard. Exc Permit No. 54. APPLICATION: Use Permit No. 3685, Site CEQA COMPLIANCE: This project has been re- Plan Review No. 79 and. viewed, and it has been Variance No: 1239 determined that it is cat- P y CEQA, COMPLIANCE: egorically exempt under This project has been re- the requirements of the viewed, and it has been : California Environmental determined that it is cat- Quality Act. egorically exempt under Published Newport the requirements of: the - Beach -Costa Mesa California Environmental Daily. Pilot October ,28, Quality Act. 2000 _3.SUBJECT Billy's at the, Beach and The Sa34_ Charthouse Restaurant (Gordon'.: Barienbrock, x dining to two ex - full service restau- 5 foot service area; for tite existing' Billy's At The uired for pBeeach testaruergant A use is IM711f At The Beach be- cause, the. proposed area of theoutdoor dining area will exceed the permitted 25%'of the net public area of the in- terior 'of the restaurant The proposal includes a request to, approve an off -site parking a�ree- ment for three additional required parking space for the dining area. and for the elimination of Authorized to Publish Advertisements of all to including public notices by occrec of the Superior Court of Orange County, Cal-rlornia. Number A-6214, September 29, 1961, and A-74831 )une 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of .eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the gity,of Costa Mesa, County- of- Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 27, 2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 27 2000 at Costa Mesa, California. Signature 0 PUBLIC NOTICE CITY OF NEWPORT BEACH. City Council Chambers of the City of Newport Beach 3300 Newport Boulevard, Newport Beach PLANNING COMMISSION AGENDA Regular Meeting - July 6, 2000 - 7:00 p.m. 1. SUBJECT: 311 Femleaf Avenue' SUMMARY: Request to demolish an existing triplex within the Coastal Zone, APPLICATION: Coastal Residential De- velopment Permit. No. 25 CEQA COMPLIANCE: This project has been re- viewed, and it has been determined that it is cat- egorically exempt under the requirements of the California Environmental Qualm Act. 2. UBJECT: Parker Stanbury, LLC SUMMARY: A request to amend the Land Use Element of the General Plan and the Land Use Plan of the Local Coastal Program to des- ignate the subject prop- erty from Government, Education, and Institu- tional Facilities (GEIF) to Two Family Residential (R-2), amending District- ing Map No. 9 to rezone the subject propperty from Planned Com- munity (PC) to. Two Family Residential (R-2) and to establish a five foot front yard 'setback along the West Balboa Boulevard frontage of the subject property. APPLICATION: Gen- eral Plan Amendment 99-2, Local Coastal Plan Amendment 55 and Amendment 904 CEQA COMPLIANCE: This project has been re- viewed, and it has been determined that it is cat- egorically exempt under the requirements of the California Environmental Quality Act. 3. SUBJECT: Sibling Associates 1, 2931-2939 East Coast Highway. SUMMARY: Request for review of Mod- ification No. 5063, rele- tive to the proposed sign program for a multi -ten- ant building, on property located at 2931.2939 East Coast Highway. APPLICATION: Mod- ification No. 5053: CEQA COMPLIANCE: This project has been re- viewed, and It has been determined that it is cat- egorically exempt under the requirementsof the California Environmental Quality. . Act. 4. SUBJECT: Fleetwood Joiner & As- sociates, 2128 Mesa Drive SUMMARY: A request to exceed the 32 foot Basic Height Limit by 7 feet with a portion of the roof and 18 feet for an elevator tower,, where the Code permits struc- tures to exceed rthe 32 foot height limit up to 50 feet with the approval of a use permit APPLICATION: Use Permit No. 3675 CEQA COMPLIANCE: This project has been re- viewed, and it has been determined that it is cat- egorically exempt under the Muirements' of the Califomia Environmental Quality Act. 5. SUBJECT: John Saunders, General Part- ner, Inc., 4320 Campus Dr SUMMARY: A use permit to establish a ve- hicle repair and rental fa- cility. The facility will in- volve the customizing of ne# and, used vans for rental and sale purposes. APPLICATION: Use Permit No; 3677 CEQA COMPLIANCE: This project has been re- viewed, and it has been determined that ft is cat- egorically exempt under the requirements of the California Environmental Quality Act. 6. S AMECT: • Wit at ,the Beach and The Charthouse Restaurant (Gordon Barienbrock, 2751 West Coast High- way, and 2801 West Coast Highway SUMMARY: Request to add accessory outdoor dining to two ex- isting full service restau- rants,: a,.768 sq. ft.' outdoor' dinin area for the existing Chart. House Restaurant and a 515'. sq. ft: outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach be- cause the proposed. area of the outdoor dining area will exceed the permitted 25% of the net public area of the in- terior of the restaurant. The proposal includes a request to approve an off -site parking agree- ment for one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off - site lot, APP;Li,EATION: Use Permit Nit 3674, Off -site Parking Agreement, Ac- cessory Outdoor Dining Permit Nos. 67 & 68 CEQA COMPLIANCE: This project has been re- viewed, and ri has been determined that It is cat- egorically exempt under the requirements of the California Environmental Quality Act. Published Newport Beach -Costa Mesa Daily Pilot June 27, 2000 T896 • Authorized to Publish A 1-nisemenu of all kinfncluding public notices by Dccrec of the Superior Court of Orange County, California. Number A-6214, 5cpicmber 29, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION PUBLIC NOTICE service area for an exist - STATE OF CALIFORNIA) NEWPCITY OF ORT BEACH mg restaurant. The new patty dining area ex - City Council ceeds the.25% of the net public and there - S S Chambers ir flora, requires 3 : addi- County o f Orange ) of the City of .Newport Beach - Newport The, parking ,spaces: The, pro osed patio, along wit a 3300 - proposed Boulevard, 772 square feet outdoor am a Citizen of the United States and a Newport Beech PLANNING dining area for the adja- cent Res - COMMISSION t will eliminate tarkint will eliminate 3 .spaces. An off - resident of the County aforesaid; I am over AGENDA ,parking site parking agreement the age of .eighteen years, and not a party to Regular Meeting - June 22, 2000 - is proposed where a nearby 24-space park- or interested in the below entitled matter. l 7:00 p.m. 1. SUBJECT: The i ail tote willmde be the Uses - am a principal clerk of the NEWPORT P P Balboa Inn (Michael Pourmussa, applicant)3674 . APPLICforATION:' Permit IC TIO BEACH -COSTA MESA DAILY PILOT a 105 Main Street SUMMARY: The CEQA COMPLIANCE: This project has been re - land newspaper of general circulation printed and project consists x the cons demolition of the existing viewed, it has been determined that it is cat - a oricall exempt under g y p t published in the (;ity,of Costa Mesa, County- retail building and pool area south of Ocean Front. The applicant Section 15303, Class 3, Implementing of- Orange, State df California, and that pos proes to construct a two and three-story Guidelines of the Califor- nia Environmental Quel- attached Notice is fete building for 11 new for the Ity Act. 3. SUBJECT: Parker a true and com co P PY as was printed and on the gweat rooms Balboa Inn, 2060 square of it spice and a Stansbury, LLC., Bp,%oanBlvd. West published following dates' tially partially open parking par gfftage with 20.tandem, SUMMARY: A request q ' p#Nking spaces. .The project exceeds the to change the General Plan and. Zoning desig- basic allowable building height by 5 feet and the nation of the subject property from Govern - ment, Education, and In- allowable. floor area by 2',205 square feet. stitutional (GEIF) to Two APPLICATION: Use Family Residential: (R- Permit No."3661 COMPLIANCE: 2)'AppLiCATION: Gen - An. -Initial 'Study/ An Negative Dec- eral Plan Amendment 99 2(C) 'and Amend- laratited larati a has been prepared by the of .ment 904 CEQA , COMPLIANCE: in Ne lion 'Beach a con- Hendon with the appThe This project has been re- viewed, and it has been , determined that it is Get - egorically exempt under Initial Stu%Mitigated Negative Declaration the Class 1 (Existing Fa - states that the subject cilities) requirements, of the California development as proposed, and with im- Environmental Quality plementation of the rep ommended mitigation Act. Published. Newport measures, will not result Beach -Costa Mesa Daily Pilot June 13, 2000 in a significant effect on the environment. The In. T888 itial Study/Mitigated declare, under penalty of perjury that the Negative Declaration 30-day public review pe- December 21, rind was . foregoing is true and correct. '� 1999 to January 20, 'the 2000. Copies of In- itial Study/Mitigated Negative Declaration and supporting docu- Executed on June 13 2000 manic are available for public review and in- the Planning at Costa Mesa, California. spection at Department, City of Newport Beach, 3300' Newport Boulevard, , Newport Beach, Califor- nia, 92659-1768 (9 44-3210. 2. SSUBJECT:: Biily's at SUBJECT: the Beach: and The Charthouse Restaurant (Gordon Barienbrock, Signature applicant) 2751 West Coast High- way and 2801 West Coast Highway, ;SUMMARY: A request to create a 547 square feet outdoor dining area and a 220 square feet &TICE OF PUBLIC HEARING i Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Billy's at the Beach and The Charthouse Restaurant (Gordon Barienbrock, applicant) for Use Permit No 3674 Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 on property located at 2751 West Coast Highway and 2801 West Coast Highway, Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for three additional required parking space for the dining area and for the elimination of three on -site parking space and relocation to the off -site lot. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby further given that said public hearing will be held on the Wh day of November, 2000, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Larry Tucker, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. NICE OF PUBLIC HEARING 16 Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Billy's at the Beach and The Charthouse Restaurant (Gordon Barienbrock, applicant) ) for Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 on property located at 2751 West Coast Highway and 2801 West Coast HighwaL Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off -site parking agreement for one additional required parking space for the dining area and for the elimination of one on -site parking space and relocation to the off -site lot. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby further given that said public hearing will be held on the 19' day of October 19, 2000, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Larry Tucker, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. NICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Billy's at the Beach and The Charthouse Restaurant (Gordon Barienbrock, applicant) for Use Permit No. 3674, Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 on property located at 2751 West Coast Highway and 2801 West Coast Highway, A request to create a 547 sq. ft. outdoor dining area and a 220 sq. ft. service area for an existing restaurant. The new patio dining area exceeds the 25% of the net public area and therefore requires 3 additional parking spaces The proposed patio, along with a proposed 772 soft outdoor dining area for the adjacent Charthouse Restaurant will eliminate 3 parking spaces. An off -site parking agreement is proposed where a nearby_24-space parking lot will be made available for the uses. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby further given that said public hearing will be held on the 22nd day of June, 2000, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Larry Tucker, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. STICE OF PUBLIC HEARING . Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Billy's at the Beach and The Charthouse Restaurant (Gordon Barienbrock, applicant) ) for Use Permit No. 3674 Off -site Parking Agreement, Accessory Outdoor Dining Permit Nos. 67 & 68 on property located at 2751 West Coast Highway and 2801 West Coast Highway, A request to create a 547 sq ft outdoor dining area and a 220 sq ft. service area for an existing restaurant The new patio dining area exceeds the 25% of the net public area and therefore requires 3 additional parking spaces The proposed patio, along with a proposed 772 sq ft. outdoor dining area for the adjacent Charthouse Restaurant will eliminate 3 parking spaces. An off -site parking agreement is proposed where a nearby, 24-space parking lot will be made available for the uses. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby further given that said public hearing will be held on the 6th day of July, 2000, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Larry Tucker, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. Smooin reea neetsly, 0 0 Use template for 5160 049-110-09,303Z 049-110-19 049-110-21 WAYNE & CAROL MINOR W B TWO PROPERTIES ROBERT BRANDY 3000 W COAST HWY 433 N CAMDEN DR 1070 PO BOX 795 NEWPORT BEACH CA 92663 BEVERLY HILLS CA 90210 PAUMA VALLEY CA 92061 049-110-25 049-110-27430 049-121-18 WALTER S SEITZ RIVERPOINT PROPERTIES L PROT INC 2800 W COAST HWY 600 MONTGOMERY ST FL14 11024 BALBOA BLVD 425 NEWPORT BEACH CA 92663 SAN FRANCISCO CA 94111 GRANADA HILLS CA 91344 049-121-22 049-121-23 t.24 049-130-07 40$ BANK UNITED CALIFORNIA NEDRICK R MCCUNE GORDON T BARIENBROCK PO BOX 63931 424 E 16TH ST 2801 W COAST HWY 260 SAN FRANCISCO CA 94163 COSTA MESA CA 92627 NEWPORT BEACH CA 92663 049-130-09 049-130-10 049-130-114649- 160-bl RICHARD T WINCKLER LARSON GROUP JAMES PARKER 17887 VINELAND AVE 2717 W COAST HWY 2633 W COAST HWY B MONTE SERENO CA 95030 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 049-130-14 049-130-18 049 150-0 PROT INC JOHN J JAKOSKY J S P KER 11024 BALBOA BLVD 425 PO BOX 7836 2 33 W OAST WY B GRANADA HILLS CA 91344 NEWPORT BEACH CA 92658 WPO BEA CA 92663 049-150-27 423-111-01 423-112-01 MILE M MARINERS FRITZ L DUDA ALLAN T FAINBARG 19800 MACARTHUR BLVD 80 3471 VIA LIDO 207 PO BOX 10728 IRVINE CA 92612 NEWPORT BEACH CA 92663 COSTA MESA CA 92627 423-112-02 423-112-03 423-123-07fo� CHURCH 1ST CHRIST SCIEN LJR LIDO PARTNERS LYON T GOODWIN 3303 VIA LIDO 1224 E GREEN ST 5 CIVIC PLZ 320 NEWPORT BEACH CA 92663 PASADENA CA 91106 NEWPORT BEACH CA 92660 423-123-09 423-123-10 423-123-11 MARVIN ENGINEERING CO I OLEN COMMERCIAL REALTY ETCO DEVELOPMENT INC 260 W BEACH AVE 7 CORPORATE PLAZA DR 840 NEWPORT CENTER DR 4 INGLEWOOD CA 90302 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 423-123-12 423-131-01 423-131-02 PAMELA L WHITESIDES GARY S & SERA BRILL JOSE M GONZALEZ 3322 VIA LIDO 128 VIA LIDO NORD 124 VIA LIDO NORD NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 423-131-03 MCCLUGGAGE T DE WITT K 1177 PARKVIEW AVE PASADENA CA 91103 423-131-04 JULE C MARSHALL 120 VIA LIDO NORD NEWPORT BEACH CA 92663 423-131-05 NANCY K HUTCHINSON 118 VIA LIDO NORD NEWPORT BEACH CA 92663 0AVERYt� Address Labels Laser 5960Irm Smooth deed Sheets TM 0 Use template for 51601 423-131-06 CAVANAUGH 116 VIA LIDO NORD NEWPORT BEACH CA 423-131-07 DAN L MCGURK 114 VIA LIDO NORD 92663 NEWPORT BEACH CA 92663 423-131-11 JAMES J FONDREN 106 VIA LIDO NORD NEWPORT BEACH CA 92663 423-131-14 WILLIAM A KLEIN 101 VIA LIDO SOUD NEWPORT BEACH CA 92663 423-131-19 JOHN T NEIDLINGER 17570 POSETANO RD PACIFIC PALISADES 90272 423-131-22 FLOYD H SCHENK 112 VIA LIDO NORD NEWPORT BEACH CA 92663 423-132-02 MAX D SWANCUTT 9157 ALDEA AVE NORTHRIDGE CA 91325 423-132-06 MARY J ROGERS 1410 CORTE BRAVO SAN MARCOS CA 92069 933-94-003 KATHY R MILLER 3328 VIA LIDO NEWPORT BEACH CA 92663 *** 53 Printed *** 423-131-12 MARTHA L SCHAUMER 104 VIA LIDO NORD NEWPORT BEACH CA 92663 423-131-17 JESS E & WANDA MENDOZA PO BOX 1279 NEWPORT BEACH CA 92659 423-131-20 EVA ACOSTA 2248 OAK KNOLL AVE SAN MARTNO CA 91108 423-131-23 ROBERT M BENNETT 103 VIA LIDO SOUD NEWPORT BEACH CA 423-131-10 ROBERT L BAKER 108 VIA LIDO NORD NEWPORT BEACH CA 92663 423-131-13 MARTIN B WEINBERG 18201 VON KARMAN 1160 IRVINE CA 92612 423-131-18 LEWIS 136 VIA TRIESTE NEWPORT BEACH CA 92663 423-131-21 RAYMOND 0 VINCENTI 119 VIA LIDO SOUD NEWPORT BEACH CA 92663 423-132-01 M E KOFFORD 105 VIA ORVIETO 92663 NEWPORT BEACH CA 92663 423-132-03 VIRGINIA DEY 1225 BAYSIDE DR CORONA DEL MAR CA 92625 423-132-05 H E ALDERSON 4601 ROXBURY RD CORONA DEL MAR CA 92625 933-94-001 933-94-002 BRAD J SCOTT THOMAS W ALLEN 3326 VIA LIDO 3322 VIA LIDO NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 933-94-004 TRACY R THOMAS 3100 RIVERSIDE DR 406 LOS ANGELES CA 90027 938-89-001-60(o JEAN E ALLAN 860 MORNINGSIDE DR.C320 FULLERTON CA 92835 n� AVERY® Address Labels Laser 5960TM LJ LIDO ISLE COMMUNITY ASSOC MARINERS MILE ASSOC ATTN JOHN POLOVINA ATTN STEVE SUTHERLAND 701 VIA LIDO SOUD 2101 15TH ST #4 NEWPORT BCH CA 92663 NEWPORT BCH CA 92663 6 • W. B. Two Properties Robert Brandy Walter S. Seitz 433 N. Camden Drive, #1070 P.O. Box 795 2800 West Coast Hwy. Beverly Hills, CA 90210-4414 Pauma Valley, CA 92061-0795 Newport Beach, CA 92663-4002 Riverpoint Properties Ltd. 600 Montgomery St., #F 114 San Francisco, CA 94111-2702 Bank United California Realty P.O. Box 63931 San Francisco, CA 94163-0001 Richard T. Winkler 17887 Vineland Avenue Monte Sereno, CA 95030-2250 John J. Jakosky P.O. Box 7836 Newport Beach, CA 92658-7836 Mariners Mils Association Attn: Steven Sutherland 2101 15'h Street, #4 Newport Beach, CA 92663 Wayne & Carol Minor 3000 W. Coast Hwy. Newport Beach, CA 92663-4004 Nedrick R. McCune 424 E. 16"' Street Costa Mesa, CA 92627-3202 Larson Group 2717 W. Coast Hwy. Newport Beach, CA 92663-4723 Mile M. Mariners 19800 MacArthur Blvd., 800 Irvine, CA 92612-2427 Prot Inc. 11024 Balboa Blvd., 425 Granada Hills, CA 91344-5007 Gordon T. Barienbrock 2801 W.Coast Hwy., 260 Newport Beach, CA 92663-4029 James Parker 2633 W. Coast Hwy., B Newport Beach, CA 92663-4708 Lido Isle Community Association Attn: John Polovina 701 Via Lido Soud Newport Beach, CA 92663 -110-19 049-110-21. 049-110-25 Two Properties Robert Brandy Walter S Seitz N Camden Dr 1070 PO Box 795 2800 W Coast Hwy Orly Hills CA 90210-4414 Pauma Vallev CA 92061-0795 Newport Beach CA 92663-4002 -110-30 049-110-31 049-121-18 arpoint Properties Ltd Wayne & Carol Minor Prot Inc Montgomery St F114 3000 W Coast Hwy 11024 Balboa Blvd 425 Francisco CA 94111-2702 Newport Beach CA 92663-4004 Granada Hills CA 91344-5007 -� -121-22 049-121-23 049-121-24 k United California Realty Nedrick R Mccune Nedrick R Mccune Box 63931 424 E 16th St 424 E 16th St Francisco CA 94163-0001 Costa Mesa CA 92627-3202 Costa Mesa CA 92627-3202 -130-07 049-130-08 049-130-09 don T Barienbrock Gordon T Barienbrock Richard T Winckler 1 W Coast Hwy 260 2801 W Coast Hwy 260 17887 Vineland Ave sport Beach CA 92663-4029 Newport Beach CA 92663-4029 Monte Sereno CA 95030-2250 1-130-10 049-130-11 049-130-14 - 'son Group James Parker Prot Inc 7 W Coast Hwy 2633 W Coast Hwy B 11024 Balboa Blvd 425 rport Beach CA 92663-4723 Newport Beach CA 92663-4708 Granada Hills CA 91344-5007 -130-18 049-150-01 049-150-27 In J Jakosky James Parker Mile M Mariners Box 7836 2633 W Coast Hwy B 19800 Macarthur Blvd 800 4port Beach CA 92658-7836 Newport Beach CA 92663-4708 Irvine CA 92612-2427 e * 3.8 Printed • Sanctity of Contract Stewart Title of California 2010 Main St. #250 Irvine, CA 92614 VARIANCE REPORT PROPERTY IN QUESTION, APN: 049-130-08 This is to certify that on: April 3, 2000, the attached property owner list was prepared by Stewart Title, pursuant to application requirements furnished by the client. Said list is a complete and true compilation of owners of subject property and all other properties within 300 feet of the property involved in the application and is based upon the latest assessment rolls. This variance report is being issued at the request of the client for the purpose of compliance with the requirements of the governmental agency in granting a variance from a current local code or zoning requirement. The data provided herein is compiled from the latest available records of the Orange County Tax Assessor. Although this source of information is deemed "reliable", no guarantee nor representation of accuracy is expressed or implied by Stewart Title, its subsidiaries, affiliates, or assignees. In addition, neither Stewart Title nor any related entity shall be liable for any damages, direct or indirect, special or consequential, which may result from the use of the data in this report. All liability assumed hereby is strictly limited to the client having requested this report, in the amount of the fee paid. • ********************************************** * Acxiom/DataQuick Systems Report * * * Orange ********************************************** Prepared for: Provided by: STEWART TITLE OF CALIFORNIA Account Rep: 2010 MAIN ST. #250 Prepared by: IRVINE, CA 92614 (949) 476-0777 ****************************************************************************** * Farms - 5 line : records 1 to 18 * * * --- Search Criteria --- Parcel Number #049 [110 [19, 21, 25, 30..311, 121, 150[01, 271, 130 [07. . * 11, 14, 1811 * * * * * * * * * * * * * * * * * * * * * * * * * * * * 18 matching properties were found Mon Apr 03 14:46:27 2000 ****************************************************************************** ** This information is sourced from public documents and is not guaranteed ** The following report was processed using the above parameters and was provided by of STEWART TITLE OF CALIFORNIA Page 1 ------------------------------------------------------------------------------ 1 ) Prcl:049-110-19 Site:2902 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:W B TWO PROPERTIES Mail:433 N CAMDEN DR 1070*BEVERLY HILLS CA 90210 Use:STORES - OTHER Ph: Xmpt: Sale:$222,000P Date:01/29/80 Ln: Doc:134840760 Yb:1956 Sgft:5,995 Asd:$943,539 Imp:33o Tract:00919 Blk: Lot:F LotSz:13,000 Rms: •Bed/Bath: Un: ------------------------------------------------------------------------------ 2 ) Prcl:049-110-21 Site:2906 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:BRANDY,ROBERT Mail:PO BOX 795*PAUMA VALLEY CA 92061 Use:STORES - OTHER Ph: Xmpt: Sale:$180,000F Date:10/27/78 Ln: Doc:128991001 Yb:1939 Sgft:2,227 Asd:$268,296 Imp:300-. Tract:00919 Blk: Lot:F LotSz:10,750 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 3 ) Prcl:049-110-25 Site:2800 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:SEITZ,WALTER S Mail:2800 W COAST HWY*NEWPORT BEACH CA 92663 Use:RESTAURANT Ph: Xmpt: Sale:$146,000F Date:04/24/74 Ln: Doc:94794 Yb:1986 Sgft:5,351 Asd:$1,279,869 Imp:440-. Tract:00919 Blk: Lot:F LotSz:16,790 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 4 ) Prcl:049-110-30 Site:177 RIVERSIDE AVE*NEWPORT BEACH CA 92663 Ownr:RIVERPOINT PROPERTIES Mail:600 MONTGOMERY ST FL14*SAN FRANCISCO CA 94111 Use:SHOPPING CENTER Ph: Xmpt: Sale:$8,000 Date:07/24/78 Ln: Doc:127690504 Yb:1963 Sgft:15,111 Asd:$1,056,830 Imp:640-. Tract:00919 Blk: Lot:F LotSz:11,500 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 5 ) Prcl:049-110-31 Site:2912 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:MINOR,WAYNE & CAROL E Mail:3000 W COAST HWY*NEWPORT BEACH CA 92663 Use:STORES - OTHER Ph: Xmpt: Sale:$1,000,OOOT Date:11/10/94+ Ln: Doc:656698 Yb:1945 Sgft:524 Asd:$979,683 Imp:0o Tract:00919 Blk: Lot:F LotSz:30,178 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 6 ) Prcl:049-121-18 Site: Ownr:PROT INC Mail:11024 BALBOA BLVD 425*GRANADA HILLS CA 91344 Use:PARKING LOT -PV Ph: Xmpt: Sale:$19,100,000 Date:01/19/90+ Ln: Doc:32731 Yb:1961 Sqft: Asd:$468,523 Imp:lo Tract:01133 Blk: Lot:7 LotSz:18,200 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 7 ) Prcl:049-121-22 Site:2750 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:BANK UNITED CALIFORNI Mail:PO BOX 63931*SAN FRANCISCO CA 94163 Use:FINANCIAL - BAN Ph: Xmpt: Sale: Date:12/30/70 Ln: Doc:6 Yb:1976 Sgft:3,772 Asd:$538,165 Imp:530-. Tract:00919 Blk: Lot:A LotSz:18,900 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 8 ) Prcl:049-121-23 Site:2700 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:MCCUNE,NEDRICK R TR Mail:424 E 16TH ST*COSTA MESA CA 92627 Use:SHOPPING CENTER Ph: Xmpt: Sale: Date:10/28/85 Ln: Doc:138558 Yb:1976 Sgft:33,675 Asd:$1,930,790 Imp:750-. Tract:01133 Blk: Lot:l LotSz:42,000 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 9 ) Prcl:049-121-24 Site:*NEWPORT BEACH CA Ownr:MCCUNE,NEDRICK R TR Mail:424 E 16TH ST*COSTA MESA CA 92627 Use:PARKING LOT -PV Ph: Xmpt: Sale: Date:05/21/80 Ln: Doc:138558 Yb:1976 Sqft: Asd:$157,180 Imp:llo Tract:01133 Blk: Lot:10 LotSz:38,350 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 10 ) Prcl:049-130-07 Site:2801 W COAST HWY 260*NEWPORT BEACH CA 92663 Ownr:BARIENBROCK,GORDON TR Mail:2801 W COAST HWY 260*NEWPORT BEACH CA 92663 Use:RESTAURANT Ph: Xmpt: Sale: Date:07/24/85 Ln: Doc:271235 Yb:1986 Sgft:24,581 Asd:$2,902,599 Imp:770-. Tract:00919 Blk: Lot:H LotSz:28,344 ------------------------------------------------------------------------------ Rms: Bed/Bath: Un: THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation Page 2 11 ) Prcl:049-130-08 Site:2751 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:BARIENBROCK,GORDON TR Mail:2801 W COAST HWY 260*NEWPORT BEACH CA 92663 Use:COMM-WATERFRONT Ph: Xmpt: Sale: Date:08/25/94 Ln: Doc:523470 Yb:1973 Sgft:6,312 Asd:$1,470,044 Imp:280-. Tract:00919 Blk: Lot:H LotSz:24,000 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 12 ) Prcl:049-130-09 Site:2735 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:WINCKLER,RICHARD T TR Mail:17887 VINELAND AVE*MONTE SERENO CA 95030 Use:COMM-WATERFRONT Ph: Xmpt: Sale: Date:04/15/91 Ln: Doc: Yb:1972 Sgft:6,456 Asd:$863,162 Imp:380-. Tract:00919 Blk: Lot:H LotSz:24,000 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 13 ) Prcl:049-130-10 Site:2701 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:LARSON GROUP Mail:2717 W COAST HWY*NEWPORT BEACH CA 92663 Use:COMM-WATERFRONT Ph: Xmpt: Sale: Date:01/28/97 Ln: Doc:41020 Yb:1950 Sgft:10,698 Asd:$1,194,735 Imp:340-. Tract:00919 Blk: Lot:H LotSz:23,983 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 14 ) Prcl:049-130-11 Site:2633 W COAST HWY B*NEWPORT BEACH CA 92663 Ownr:PARKER,JAMES Mail:2633 W COAST HWY B*NEWPORT BEACH CA 92663 Use:VACANT-COMMERCL Ph: Xmpt: Sale:$273,065T Date:07/07/92+ Ln: Doc:456887 Yb: Sgft: Asd:$119,612 Imp:80-o Tract:00919 Blk: Lot:H LotSz:6,000 Rms: Bed/Bath: Un: •------------------------------------------------------------------------------ 15 ) Prcl:049-130-14 Site:2901 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:PROT INC Mail:11024 BALBOA BLVD 425*GRANADA HILLS CA 91344 Use:COMMERCIAL-MISC Ph: Xmpt: Sale:$19,100,000 Date:01/19/90+ Ln: Doc:32731 Yb:1941 Sgft:30,726 Asd:$3,860,228 Imp:440-. Tract:00199 B1k:39 Lot:l LotSz:1.20 A Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 16 ) Prcl:049-130-18 Site:3101 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:JAKOSKY,JOHN JR TR Mail:PO BOX 7836*NEWPORT BEACH CA 92658 Use:COMMERCIAL-MISC Ph: Xmpt: Sale:$2,219,619T Date:07/05/95 Ln: Doc:286116 Yb: Sgft: Asd:$5,738,150 Imp:360-. Tract:00919 Blk: Lot:M LotSz:1.29 A Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 17 ) Prcl:049-150-01 Site:2623 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:PARKER,JAMES Mail:2633 W COAST HWY B*NEWPORT BEACH CA 92663 Use:STORES - OTHER Ph: Xmpt: Sale:$273,065T Date:07/07/92+ Ln: Doc:456887 Yb:1937 Sgft:4,504 Asd:$366,545 Imp:100 Tract:00919 Blk: Lot:H LotSz:18,000 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ 18 ) Prcl:049-150-27 Site:2607 W COAST HWY*NEWPORT BEACH CA 92663 Ownr:MARINERS,MILE M Mail:19800 MACARTHUR BLVD 800*IRVINE CA 92612 Use:RESTAURANT Ph: Xmpt: Sale: Date:03/14/94 Ln: Doc:174954 Yb:1968 Sgft:5,268 Asd:$1,202,030 Imp:590 Tract:00919 Blk: Lot:H ------------------------------------------------------------------------------ LotSz:27,118 Rms: Bed/Bath: Un: THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation 06 E NOAV 1. \09 9 NCB. 919 Ar a is t ct- e r HIGHWA)tL 1775 -OR tor a Na 9 ol 1. INE Billy's At the Beach, The Chart House 2751 and 2801 West Coast Highway UP 3674 A - Central file for attachments OD 67 OD 68 Off -Site Parking Agreement ------------ Il to �s 0 leq II tires cr!�) to s- 3 W to (E) STD. SPACES; 4: (E) COMPACTSPACES: i 9 I i �I J I c� N �-. 71 AS Ai..a0ViLd .. (� PL ANj, I Ll J,G 0 As Modified, refer to:. D M DIF=--I ?TT'EBiN (date): As 1-dodified, Lo: `till 0..�!'rft�ei a>�`�UMIN! refer O (date): / � o his Su amiitted ® As Modified, refer to: 0 CI'TY COUNCIL ON (date): O As :4bmnluod ® As Modified, refer to: —y) ja rc� _T- o X f t 1 i i i a i 1 a i q q q q q q p q q q q k7 q i i a 1 1 I 1 � i 1 a a i I 1 a a i r a t r a � a i a r t g a i 8 � 1 yyyyy a a i I a r i � a I I a a EXISTING BUILDING EXI5TIN6 RFSTALRANT !gm �no �� 0. 6•� � � I 1 a i��, �Qlr s. s � • s EXI�TIAIFi RF�'iTAl M2_ANT It 1JZI i� asno °r°1. t:0 IZP. Wao�n u0010 �m�0ua WZ m00p oa ixft 0 zi ly m N� U-� zv N 0 4 � my � z J 1 Q� _NN� � V Li Q 1� Q CHART HOUSE — 2&01 H. COAST H16HHAY 0 OWNERS REMOTE PARKING, LOT SEE ENLAR6ED PLAN PACIFIC COAST H16HWAY BILLY"S AT THE BEACH 2 751 W. COAST HWY. NEWPORT BAY VICINITY MAP NO SCALE Natzrfi° OWNER5-LEA5ED 50 SPACE OVERFLOH PARKING, BY ARRANGEMENT ACCESS EASEMENT 18'-0" 24'-0" I8'-0" O A.G. PAVED PARKING, LOT II 13 G.L. AVON ST OWNERS REMOTE FARK I NC LOT 'm EX15TINC-7 BUILPINC-7 X 1._5T I N M61AURANT -17 11 II 11 I� ni %N oaf U oio U am QW }iat A 13 U�aofo m01F0a OM HQ°3 n a mQ a�01 zL UA V.) Z $ o� Qa m �o w zuJ. o r 6IC4 s.c. 0 M N Mls� A& cc O : L� L� O ; a C� ��O 0 75 0. OVO 0 f. 0 0 0 = Y. � o 10 .1 N, 0 0 Ul 4.r. < yo OLJD ME AS APPROVE b �.: ❑ PLANr TING DIRECTOR ON (date): As Svbrraitted O As Modified, refer to: ❑ FBI 'DiFIZ ATIONS COMMITTEE ON (dam).: ❑ As Submitted O As Modified, refer to: PLANNIING COMMISSION ON (date): Submitted O As Modified, refer to: CITY COUNCIL ON (date): ❑ As Submitted O As Modified, refer to: ,Rh