HomeMy WebLinkAboutUP3523ACITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT
(949) 644-3210
NOTICE OF FINAL APPROVAL
DATE: May 11, 2001
TO: Gina DeMichael
FROM: Planning Director
SUBJECT: Use Permit No. 3523A
FILE COPY
This is to confirm that Use Permit No. 3523A was approved by the Planning Commission at its
meeting of April 5, 2001, and became effective on April 19, 2001, 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: Gina DeMichael
Location: 2622 San Miguel
Description A Use Permit to change an existing food establishment from a take-out to a full-
service restaurant by expanding into an adjacent tenant space. The request
includes a waiver of a portion of the required parking spaces.
Should you have any questions, please contact our office.
Very truly yours,
PLANNING DEPARTMENT
Patricia L. Temple, Director
By
Girfder 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 Approval
^ Approved minutes
cc: Property Owner (if not applicant)
3300 Newport Boulevard, Newport Beach
City of Newport Beach
Planning Commission Minutes
April 5, 2001
SUBJECT: Gina DeMichaels (Pacific Whey Baking Company)
2622 San Miguel Drive
PDA2001-009 (UP3523Amended)
A Use Permit to change an existing food establishment from a take-out to a full-
service restaurant by expanding into an adjacent tenant space. The request
includes a waiver of a portion of the required parking spaces.
Ms. Eugenia Garcia, Associate Planner, provided a power point presentation.
Ms. Garcia noted that the Pacific Whey Baking Company currently is located in
the Newport Hills Shopping Center at San Miguel and Ford Road. Ms. Garcia
commented that also located in that center is a bank, service station,
veterinarian and a Ralphs. Ms. Garcia showed the location of where the
bakery will expand. The existing bakery is 1,300 gross square feet, and with the
addition and expansion will be 2,600 square feet. Ms. Garcia said that she
went several times to look at the parking because, as noted in the staff report,
there is a request for a waiver for a portion of the required off-site parking
spaces. Ms. Garcia said that there were available parking spaces at every site
visit and staff is comfortable with the recommendations in the staff report. Ms.
Garcia referred to page 3 of the staff report and noted that the previous use
permit allowed the operation to be open from 6 a.m. to midnight and there is
no change in that request. Currently the hours are from 6 a.m. to 10 p.m. but
the applicant wants to maintain the flexibility of the previous use permit.
Commissioner Kranzley referred to page 5 and said he was trying to understand
how the existing bakery required parking waived for 25 spaces and there is a
credit for the retail bakery area. Ms. Garcia responded that the previous bake
shop that occupied the tenant space went in when the City had the category
for take-out and we did not have a lot of the definitions for several of the food
uses as we do today. In the minutes it appeared that the Center was
approved at one per 250 and six spaces were required for the suite before the
bakery and a take-out establishment requires parking at 1/50, and that is why
they had waived the 23 spaces. Commissioner Kranzley asked what is the
credit for the retail bakery area. Ms. Garcia said that the existing tenant space
has the six parking spaces and the adjacent tenant space has six spaces for a
total of twelve spaces for both tenant spaces.
Public Hearing Opened
Gina DeMichaels of Pacific Whey Baking Company, 2622 San Miguel Drive was
present to answer questions from the Commission. There were no questions
from the Commission.
Public Hearing Closed
Motion was made by Commissioner Kranzley for approval of Use Permit No.
PDA2001-009 (UP3523 Amended) to include the amendments suggested by
staff during the presentation. Commissioner Kiser stated that he supports the
INDEX
Item No. 4
PA2001.009
(UP3523A)
Approved
9
City of Newport Beach
Planning Commission Minutes
April 5, 2001
motion but would like to see one additional condition that was not in the staff
report. Condition No. 10 is no live entertainment or dancing, and Commissioner
Kiser said he would also like to have Condition No. 11, No outdoor loud speaker
or paging system shall be permitted in conjunction with the operation.
Commissioner Kranzley said he would add that Condition to his motion.
Commissioner McDaniel asked if the applicant is okay with that Condition. Ms.
DiMichaels said she was.
Ayes: All Ayes
Noes: None
EXHIBIT NO. 2
FINDINGS AND CONDITIONS OF APPROVAL FOR
PDA 2001-009 (Use Permit No. 3523Amended)
Findinas:
1. The Land Use Element of the General Plan designates the site for "Retail,
Service Commercial" land use; 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. 3523 Amended, 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:
a. The proposed restaurant is consistent with the Land Use Element of the
General Plan, and is compatible with the surrounding land uses.
b. The change to a full-service restaurant will not adversely affect the
surrounding neighbors because it does not include operational
characteristics such as alcohol beverage service, live entertainment,
or outdoor dining that other full-service restaurants have.
c. The existing on-site parking and circulation system is adequate to
accommodate the proposed restaurant facility because of the
common usage of the parking lot by all tenants and the fact that
many of the restaurant patrons either work in the shopping center,
reside within walking distance or are otherwise visiting in the vicinity.
d. A waiver of the portion of the required parking spaces (7) will not be
INDEX
10
•
City of Newport Beach
Planning Commission Minutes
April 5, 2001
detrimental to the surrounding neighbors nor create a shortage of
available on-site parking spaces because many of the uses in the
shopping center have staggered hours of operation which reduces
the parking demand.
e. 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.
f. 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 interior net public area of the restaurant shall be limited to 730 square
feet.
3. The hours of operation of the restaurant are as previously approved by Use
Permit 3523 Amended, 6:00 a.m. to midnight, daily. Any increase in the hours
of operation shall be subject to the approval of an amendment to this use
permit.
4. 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.
5. 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.
6. Storage outside of the facility shall be prohibited, with the exception of the
required trash container enclosure and existing storage structures.
7. A washout area for refuse container is to be provided in such a way as to
allow direct drainage into the sewer system and not into the Bay or storm
drains unless otherwise approved by the Building and Public Works
Departments.
8. Grease interceptors shall be installed on all fixtures in the restaurant where
grease may be introduced into the drainage systems, unless otherwise
approved by the Building Department and the Public Works Department.
INDEX
11
City of Newport Beach
Planning Commission Minutes
April 5, 2001
9. Kitchen exhaust fans shall be designed to control smoke and odor to the
satisfaction of the Building Department.
10. No live entertainment, dancing, or the sale of alcoholic beverages shall be
permitted unless an amendment to this use permit is approved.
11. No outdoor loud speaker or paging system shall be permitted in conjunction
with the operation.
12. All employees shall park on site.
13. No temporary "sandwich" signs shall be permitted to advertise the approved
restaurant facility.
14. All applicable conditions of approval of Use Permit No. 3523 Amended, dated
April 7, 1994, shall remain in force (copy attached).
Standard Conditions:
15. All signs shall conform to the provisions of the Harbor View Hills Planned
Community District Regulations.
16. The project shall comply with State Disabled Access requirements.
17. All improvements shall be constructed as required by Newport Beach City
Ordinance and the Public Works Department.
18. The on-site parking, vehicular circulation and pedestrian circulation systems
shall be subject to further review by the City Traffic Engineer.
19. The Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit
upon a determination that the operation which is the subject of this Use
Permit causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
20. This Use 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.
SUBJECI °°..,,,.. Dennis & Chris Overstreet
34O(YVia;Lido
• PA2001-025"(UP2001-005)
A Use Permit for a new alcoholic beverage license (Type 21, off-salb general) in
INDEX
Item No. 5
PA2001-025
(UP2001-005)
Approved
12
•CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
N E W PORT BEACH, CA 92658
(949) 644-3200; FAX (949) 644-3250
Hearing ate: April 5, 2001
Agenda Item No.: 4
Staff Person: Eugenia Garcia
644-3208
Appeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: Pacific Whey Baking Company
2622 San Miguel
(Gina DeMichael, applicant)FILE COPY
PURPOSE OF
APPLICATION: A Use Permit to change an existing food establishment from a take-out to a
full-service restaurant by expanding into an adjacent tenant space. The
request includes a waiver of a portion of the required parking spaces.
ACTION: Approve, modify or deny:
• PDA2001-009 (Use Permit No. 3623 Amended)
LEGAL
DESCRIPTION: Lot 1, Tract 9014
ZONE: P-C (Harbor View Hills Planned Community)
OWNER: The Irvine Company, Newport Beach
Introduction and Proiect Description
The applicant is requesting to expand the existing bakery into the adjacent tenant suite that is 1,300
square feet for a total of 2,600 gross square feet. The expansion will result in a change in the type of
use from a take-out to a full-service eating and drinking establishment. No exterior changes to the
building are proposed, other than the permitted signage. The expansion will increase the "net public
area" from 293 square feet to 730 square feet with 31 seats. The kitchen and counter area, service
area, food preparation area, and refrigeration area will be expanded, and two new bathrooms will be
added. No outdoor dining, live entertainment, or alcohol beverage service is proposed. The number
of employees will increase from 8 to 10 during peak hours. The approval of a use permit is required
for the change in the type of eating establishment and for the waiver of a portion of the required off-
street parking.
The existing take-out restaurant has a dining area of 293 square feet and provides seating for 16
customers inside the facility. There is no outdoor dining, although there is non-exclusive seating in
the courtyard area in front of the facility. The bakery is open from 7:00 a.m. to 10:30 p.m. Monday
through Friday, 8:00 a.m. to 3:00 p.m. on Saturday, and 8:00 a.m. to 2:00 p.m. on Sunday. The
bakery serves a variety of baked goods, breakfast and lunch items such as omelets, salads, hot and
cold sandwiches (also available until 10:00 p.m.), and coffee drinks, pastries and desserts. A sample
menu is attached to this report as Exhibit No. 7.
I Subject Property and Surrounding Land Uses
Current Development: The property is developed with the Newport Hills Shopping Center, which
includes a Ralph's Market and a mixture of retail and eating and drinking
establishments.
To the north: Across Ford Road is the Bonita Canyon Sports Park currently under
construction, a vacant parcel for a proposed church and an existing pre-school.
To the east: Is the Harbor View Knoll residential condominium complex.
To the south: Are single-family dwellings.
To the west: Across San Miguel Drive are single-family dwellings.
Use permit No. 3523A, PDA 2001-009
April 5, 2001
Page 2
0
Background
The Newport Hill's Shopping Center is located in Area No. 14 of the Harbor View Hills Planned
Community and was developed in 1975. The shopping center is 580 feet wide with a depth of
approximately 600 feet for a total land area of 348,000 square feet. The retail center is developed
with a multi-tenant commercial building, a Ralph's Market, retail shops, bank building, automobile
service station, education facility and a veterinary clinic, totaling 76,410 square feet. Since
construction, several parking waivers have been approved by the city for food-related uses.
On April 7, 1994, the Planning Commission approved Use Permit No. 3523 for the establishment of
a 1,300 sq. ft. take',-out bakery in the subject tenant space, which was the McFadden Bake Shop. The
bakery has changed ownership and is now the Pacific Whey Baking Company.
Comparison of Proposed and Previous Operation
Live Entertainment:No No
Dancing No No
Valet Parkin Service No No
Number of employees 8 employees 10 employees
Alcoholic Beverage No No
Service
Hours: Permitted!;6:00 a.m. to midnight, daily
Actual:7:00 am to 10:30 p.m., Mon: Fri.7:00 am to 10:30 p.m., Mon.-Fri.
8:00 a.m. to 3:00 p.m., Sat.8:00 am. to 3:00 p.m., Sat.
8:00 a.m. to 2:00 .m., Sun.8:00 a.m. to 2:00 .m., Sun.
Net Public Area
(% of space)':
Bar Area/-0-0
Dining Areas:293 sq. ft.730 sq. ft.
(22.5%)(28%)
TOTAL:293 sq. ft.730 sq. ft.
Other area:
Restroom storage,
kitchen 1,007 sq. ft. (77.5%)1,870 sq. ft. (71.9%)
and Service:
TOTAL; AREA:
1,300 sq. ft.2,600 sq. ft.
t Area devoted to wanting and dining within the facility.
I Use Permit No. 3523A, PDA 2001-009
April 5, 2001
Page 3
' 3
Analysis
Conformance with the General Plan and Local Coastal Program
The Land Use Element of the General Plan designates the site for "Retail and Service Commercial"
uses. The existing restaurant facility is a permitted use within this designation, subject to the
approval of a use permit. The General Plan allows a Floor Area Ratio of 0.3 for the subject property.
The total square footage of the buildings on the subject site is within this development limit and the
restaurant will not add square footage to the structure. Therefore, the proposal is in compliance with
the policies and guidelines of the Land Use Element of the General Plan.
Required Off-Street Parking
The existing "take-out" bakery was approved in 1994, prior to the adoption of the new land use
categories for eating and drinking establishments in 1997. At the time, the Code provided a limited
number of definitions of food establishments and the bakery was considered to be a take-out food
establishment. The approval for the bakery included a waiver of 23 parking spaces based on the fact
that the bakery actually operated more like a retail use than a take-out restaurant. Under the current
Code definitions, the proposed operation is a full service eating and drinking establishment and
requires the approval of a use permit and establishment of a parking requirement under different
code provisions than the prior use.
Off-street parking requirements for commercial development in the Harbor View Hills Planned
Community specify one parking space for each 250 gross square feet for retail and service uses.
Parking for all other uses is based on the adopted City requirements in effect at the time of
development.
Section 20.66.070 of the Municipal Code (attached as Exhibit No. 4) requires that the Planning
Commission establish the off-street parking requirement for restaurants within a range of one space for
each 30 to 50 square feet of net public area based on various considerations such as physical design
characteristics, operational characteristics and the location of the facility.
Using the City's base requirement of I space for each 40 sq. ft. of "net public area," the proposed
expansion of the net public area would require 19 parking spaces (730 sq. ft. of net public area divided
by 40 = 19). However, the Planning Commission, using the criteria specified under Section 20.66.070
of the Municipal Code, may decrease this requirement to 15 spaces (1 space/50 sq. ft. of net public
area) or raise the requirement to 25 spaces (1 space/30 sq. ft. net public area).
The existing take-out bakery was approved with the requirement for one parking space for each 50
square feet of gross floor area and one parking space for each employee. The required parking was
29 spaces (1,300 sq. ft. divided by 50 = 26 spaces, + 3 employee spaces = 29 spaces). The Planning
Commission waived 23 of the required parking spaces because the operational characteristics of the
bakery business were more retail in nature than restaurant, and due to the common usage of the
parking lot and the staggered hours of operation for the existing uses in the center. The existing
retail use located in the adjacent suite proposed for the restaurant expansion generates a requirement
for 6 parking spaces (1,300 sq. ft. divided by 250 = 5.2 or 6 spaces).
Use Permit No. 3523A, PDA 2001-009
April 5, 2001
Page 4
7"
Staff believes that using the standard one space per 40 square feet of net public area is reasonable in
this case because the physical design characteristics and operational characteristics of the facility do not
include areas for cocktails, dancing, or outdoor dining. Operationally, the facility does not include live
entertainment, alcoholic beverage service, pool tables or other attractions. Additionally, many
customers walk or bicycle to the site and staff's field observations on several occasions indicate that
many parking spaces are available at different times during the day and evening. -
The bakery is allocated 6 parking spaces and the adjacent tenant space is allocated 6 spaces. Since
there are 12 spaces', allocated to the facility, and based on one parking space for each 40 square feet of
net public area, seven (7) additional parking spaces are required for the restaurant expansion, over and
above what a retail use occupying the same space would require. A waiver of 7 parking spaces is
required for the proposed change in use.
Currently There are 334 on-site parking spaces that are shared between the retail and food use, the
bank, automobile ',service station, veterinary clinic and educational facility. The following table
summarizes the existing parking requirements for the shopping center including the proposed
project:
Existing Required Parking
Commercial/Retail Uses
Automobile Service Station
Whafs Cooking (waived 17 spaces)
Tai Touch Restaurant
Crown Hardware Expansion
Bakery (waived 23 spaces)
Subtotal
Proposed project 0 1/40 NPA
Credit for retail/bakery area
Net increase in parking
Total Parking Required
Total Parking Available
266
12
27
13
11
6
336
19
-12
7
342
334
Parking Waiver
Chapter 20.66.10 establishes the procedure and findings for consideration of a parking waiver. One of
the following findings must be made in order to approve the proposed restaurant.
1. A municipal parking facility is so located as to be useful in connection with the proposed use or
uses on the site or sites.
There are no municipal parking facilities located within the area of the restaurant facility.
Use Permit No. 3523A, PDA 2001-009
April 5, 2001
Page 5
2. The site is subject to two or more uses and the maximum parking requirements for such uses do not
occur simultaneously.
Attached as Exhibit No. 6, in the applicant's letter, are a list of the businesses in the Newport Hills
Shopping Center and the hours of operation for each business. Staff has verified these hours with the
management company for the center, Maddison Marquette, in addition to field verification.
In this case, Finding No. 2 can be made that the site is subject to more than one use with various hours
of operation and the maximum parking requirements for the uses do not occur simultaneously. The
patrons of the remaining tenants, the bank, automobile service station, and the veterinarian do not
typically require parking for more than a few minutes. The Bank of America operates primarily
between 9 a.m. and 5:00 p.m., and the automobile service station is open early in the morning until late
at night. Both uses require short stops using the "drive-through" or gas pumps, and do not generally
require additional parking spaces. The educational facility is primarily a drop-off and pick-up
operation with parents dropping off the students and leaving the site and returning within an hour or
two to pick up the student, which also reduces the parking demand.
A further consideration is the operational characteristics of the restaurant, and the type of menu items
that the bakery serves (pastries, coffee drinks and sandwiches). The restaurant functions more as a
coffee-housetbakery than a full-service restaurant that may include outdoor dining, live entertainment,
alcoholic beverages or all of the these operational characteristics. The bakery facility is more likely to
attract people who reside in the area rather than serve as a destination point for visitors outside the local
area. Therefore, some of the patrons will walk or bicycle to the facility and the parking demand will be
minimized. Additionally, the proposed use will not make worse the PM peak parking demand of the
shopping center since the primary peak demand for the food use is at breakfast and lunch. Staff has
visited the site on several occasions, both during the day and evening and observed that there were
between 50 and 100 available parking spaces during those times.
Therefore, based on the operational characteristics of the use, the fact that many customers walk or
bicycle to the site and staff's field observations of the parking, staff believes that adequate parking is
provided on-site to accommodate the parking demand of all uses in the center and a waiver of the
additional required parking spaces should be granted.
3. A parking management plan for the site has been approved by the Planning Commission pursuant
to Section 2a66. 100 (B).
A parking management plan is not proposed for the site.
4. The Planning Commission makes the following findings:
a) The parking demand will be less than the requirement in Section 20.66.030.
b) The probable long-term occupancy of the building or structure, based on its design, will not
generate additional parking demand.
Use Pemtil No. 3523A, PDA 2001-009
Ap,i15, 2001
Page 6
(0
Staff does not believe that a finding can be made that the parking demand for the proposed project
would be less than the lease restrictive parking requirement for eating and drinking establishments
(1/50 sq. ft. NPA). Using this parking requirement, the project would still require a parking waiver. The
design of the improvements does preclude a higher parking intensive use as the floor plan is mostly
kitchen and the establishment has a relatively low NPA. The higher percentage of the suite devoted to
kitchen keeps restaurant portion of the use limited and thereby reducing parking demand.
Restaurant Development Standards
Section 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined
below, to ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific site requirements and building setbacks, parking
and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signage,
underground utilities, supply and refuse storage. Section 20.82.040(D) of the Municipal Code states
that any of the above mentioned development standards for restaurants may be modified or waived if
strict compliance is not necessary to achieve the purpose or intent of the standard. Staff does not
believe that the expanded bakery/restaurant will overburden existing refuse storage capabilities of the
shopping center. If'#s becomes an issue, the issue can easily be resolved through a code enforcement
action in conjunction with the property management. Staff further believes that since the subject
property is fully developed and no changes are proposed to the buildings, parking lot, or landscaping,
that previous approvals and waivers of the restaurant development standards for the site should remain
in effect.
Environmental Compliance (California Environmental Quality Act
It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). The
exemption permits the maintenance and operation of existing facilities where negligible or no
expansion of use is, proposed. Staff believes that this project qualifies for this consideration.
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 believes that the findings
for the approval of the use permit for the change to a full-service restaurant can be made because the
bakery facility functions more as a coffee-house/bakery than full-service restaurants that could include
outdoor dining, live entertainment, and alcoholic beverage service, which could create adverse impacts
on the surrounding neighborhood.
Finally, the staff believes that the findings for approval of a waiver of a portion of the required parking
can be made because the site has several uses with various hours of operation and the maximum
i U w Permit No. 3523A, PDA 2001-009
April 5, 2001
Page 7
7
parking requirements for the uses do not occur simultaneously, and many of the patrons of the facility
live in the surrounding area and either walk or bicycle to the facility, which reduces the demand for
parking. Additionally, because there is common usage of the parking lot, there is an available pool
of parking provided to serve the parking demand of the site.
Should the Planning Commission wish to approve Use Permit No. 3523 Amended, the findings and
conditions of approval set forth in the attached Exhibit "A" is suggested.
Although staff's analysis and conclusion supports approval, testimony received and Commission
discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny Use
Permit No. 3523 Amended, suggested findings for denial are set forth in the attached Exhibit `B
Submitted by: Prepared by:
PATRICIA L. TEMPLE EUGENIA GARCIA, AICP
Planning Director Associate Planner
1. Detailed background
2. Findings and Conditions of Approval
3. Findings for Denial
4. Section 20.66.070 of the Municipal Code
5. Use Permit No. 3523 Amended, minutes of Planning Commission meeting
of April 7, 1994
6. Letter from the Applicant
7. Menu for proposed restaurantlbakery
8. Proposed Floor Plan
Use Pernil No. 3523A, PDA 2001-009
April 5, 2001
Page 8
EXIHBIT NO.1
Background
On October 21, 19761, the Planning Commission approved Use Permit No.1806, which permitted the
establishment of a delicatessen-restaurant facility (What's Cooking) within the center. A condition of
approval permitted this facility to operate for a period of two years, with an extension subject to the
approval of the Modifications Comtittee. On October 25, 1978, the Modifications Committee
approved a five year extension to the use permit and on November 8, 1983, the Modifications
Committee continued the extension of this use pernvt in order for the applicant to submit revised plans
and an application for an amendment to Use Permit No. 1806 to permit outdoor dining.
On February 17, 1977, the Planning Commission approved Use Permit No. 1815 to establish a small
animal clinic in the Newport Hills Shopping Center.
On August 18, 1977, the Planning Commission approved Use Permit No. 1836 to establish an
automobile service station facility in the shopping center. The approval included the waiver of 3 of the
required 15 parking spaces.
On October 5, 1978,1 the Planning Commission approved Use Permit No. 1886, to permit a drive-up
teller facility in conjunction with the construction of the Bank of America in the shopping center.
On October 20, 1983, the Planning Commission approved Use Permit No. 3067 to establish a
restaurant, which is now the Tai Touch Restaurant, in the shopping center. The approval allowed the
subject restaurant to utilize the 13 surplus parking spaces of the existing 298 on-site parking spaces.
On January 5, 1984, the Planning Commission approved an amendment to Use Permit No. 1806 for the
What's Cooking Restaurant, a request to allow the expansion of the existing "net public area" by adding
an outdoor dining and drinking area. The outdoor dining was limited to 80 square feet to be located
under the existing roof cover in front of the restaurant, and not to exceed 24 seats.
On May 10, 1990, the Planning Commission approved an amendment to Use Permit No. 1806 to
expand the interior jand outdoor dining areas and increase the hours of operation. The approval
included a waiver of 17 of the required 26 parking spaces.
On April 23, 1992, I'the Planning Commission approved an amendment to Use Permit No. 1815 to
expand the veterinary clinic and allow for the boarding of animals at the facility.
On April 7, 1994, the Planning Commission approved Use Permit No. 3523, The McFadden Bake
Shop (currently the Pacific Whey Baking Company), which permitted the establishment of a take-out
bakery facility with incidental seating. The approval waived 23 of the required 29 parking spaces.
On April 21, 1994,1 the Planning Commission approved a second amendment to Use Permit No.
1806, (What's Cooking) which permitted the expansion of the restaurant space into the adjacent
tenant space, and an', addition of 160 square feet to the front of the building. The expansion required
18 additional parking spaces and the parking lot was restriped to create a surplus of 19 parking
spaces.
On April 21, 1994, the Planning Commission approved Use Permit No. 3528 for the expansion of the
existing Crown Hardware store. The approval included the addition of 1,700 square feet to the
building and a 900 square foot outdoor sales area.
EXHIBIT NO. 2
FINDINGS AND CONDITIONS OF APPROVAL FOR
PDA 2001-009 (Use Permit No. 3523Amended)
Findings:
1. The Land Use Element of the General Plan designates the site for 'Retail, Service
Commercial' land use; 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. 3523 Amended, 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:
a. The proposed restaurant is consistent with the Land Use Element of the General Plan,
and is compatible with the surrounding land uses.
b. The change to a full-service restaurant will not adversely affect the surrounding
neighbors because it does not include operational characteristics such as alcohol
beverage service, live entertainment, or outdoor dining that other full-service restaurants
have.
c. The existing on-site parking and circulation system is adequate to accommodate the
proposed restaurant facility because of the common usage of the parking lot by all
tenants and the fact that many of the restaurant patrons either work in the shopping
center, reside within walking distance or are otherwise visiting in the vicinity.
d. A waiver of the portion of the required parking spaces (7) will not be detrimental to the
surrounding neighbors nor create a shortage of available on-site parking spaces because
many of the uses in the shopping center have staggered hours of operation which
reduces the parking demand.
e. 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.
f. Public improvements may be required of a developer per Section 20.91.040 of the
Municipal Code.
/0
Conditions:
1. Development shall be in substantial conformance with the approved site plan and floor plan,
except as noted'lin the following conditions.
2. The interior net ,public area of the restaurant shall be limited to 730 square feet.
3. The hours of operation of the restaurant are as previously approved by Use Permit 3523
Amended, 6:00';a.m. to midnight, daily. Any increase in the hours of operation shall be subject
to the approval 'of an amendment to this use permit.
4. 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.
5. 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.
i
6. Storage outside; of the facility shall be prohibited, with the exception of the required trash
container enclosure and existing storage structures.
7. A washout areafor refuse container is to be provided in such a way as to allow direct drainage
into the sewer system and not into the Bay or storm drains unless otherwise approved by the
Building and Public Works Departments.
8. Grease interceptors shall be installed on ail fixtures in the restaurant where grease may be
introduced into,the drainage systems, unless otherwise approved by the Building Department
and the Public Works Department.
9. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
10. No live entertainment, dancing, or the sale of alcoholic beverages shall be permitted unless an
amendment to this use permit is approved.
11. All employees shall park on site.
12. No temporary "sandwich" signs shall be permitted to advertise the approved restaurant facility.
13. All applicable conditions of approval of Use Permit No. 3523 Amended, dated April 7, 1994,
shall remain in force (copy attached).
I
I
1/
Standard Conditions:
14. All signs shall conform to the provisions of the Harbor View Hills Planned Community District
Regulations.
15. The project shall comply with State Disabled Access requirements.
16. All improvements shall be constructed as required by Newport Beach City Ordinance and the
Public Works Department.
17. The on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to
further review by the City Traffic Engineer.
18. The Planning Commission may add to or modify conditions of approval to this Use Permit or
recommend to the City Council the revocation of this Use Permit upon a determination that the
operation which is the subject of this Use Permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
19. This Use 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.
•
EXMrr NO.3
FINDING FOR DENIAL FOR
Use Permit No. 3523 Amended
The approval of Use Permit No. 3523 Amended 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 reason:
a) Adequate parking is not provided on-site for the proposed use.
b) Adequate parking is not available for all uses on site and a waiver of additional
parking spaces may contribute to a parking problem in the area.
I
13
with the following schedule:
A. For-hefrst 125,000 sq. ft., I parking space shall be provided for each 250 sq. ft. of
A. The Planning Commission shall establish the off-street parking requirement for
Eating and Drinking Establishments (except for Full-Service, Small-Scale, Take-Out
Service, Take-Out Service, Limited, and Accessory establishments), Cabarets, and
Nightclubs within a range of one space for each 30 to 50 square feet of net public
area based upon the following considerations:
1. The physical design characteristics of the use including:
a. The portion of net public area designated for dining, cocktails or
dancing.
b. The number of tables or seats and their arrangement.
C. Other areas that should logically be excluded from the determination
of net public area.
The parking lot design, including the use of small car spaces, tandem
and valet parking and loading areas,
e. Availability of guest dock space for boats.
f. Extent of outdoor dining.
1124M
I*• Page 20.66-13
Off-Street Parking
and Loading Regulations
arking requirement for office buildings, as specified in this chapter may be modified in
net floor
B. For the next 300,000
net floor area.
I parking space shall be provided for each 300 sq. ft. of
C. For any additional floor area, 1 parking sp
of net floor area-
shall be provided for each 350 sq. ft.
D. For pools based on more than 425,000 sq. ft. of net flo ea, the Planning
Commission may modify the parking formula by use perms , ased on a
demonstrated formula.
20.66.070 Parking Requirement for Eating and Drinking Establishments and Cabarets
and Nightclubs
Exhibit No. 4
• Page 20.66-14
Off-Street Parking
and Loadin Re ulationsgg
2.Operational characteristics, including:
=a.
b.
C.
d.
The amount of floor area devoted to live entertainment or dancing.
The amount of floor area devoted to the sale of alcoholic beverages.
The presence of pool tables, big screen televisions or other attractions.
The hours of operation.
3. The location of the establishment:
a. In relation to other uses and the waterfront.
b. Availability of off-site parking nearby.
C. Amount of walk-in trade.
d. Parking problems in the area at times of peak demand.
If during the review of the use permit, the Planning Commission uses any of the
preceding considerations as a basis for establishing the parking requirement, the
substance of such considerations shall become conditions of the use permit and a
change to any of these conditions will require an amendment to the use permit, which
may be amended to establish parking requirements within the range as noted above.
B. The off-street parking requirement for Take-out Service, or any Eating and Drinking
Establishment with drive-through or drive-up service, shall be 1 parking space for
each 50 square feet of gross floor area contained within a building or in any outdoor
area capable of being used for the purpose of serving food or beverages. In addition,
one parking space shall be provided for each employee on duty.
C. The off-street parking requirement for Full Service, Small-Scale establishments not
providing live entertainment shall be I parking space for each 3 seats or 1 space for
each 75 square feet of net public area. For Full Service, Small-Scale establishments
providing live entertainment, the Planning Director shall establish the off-street
parking requirement within a range of one space for each 30 to 50 square feet of net
public area using the considerations provided in Section 20.66.070 (A).
20.66._0$D--4Mi. eet Parking on a Separate Lot
COMMISSIONERS
1\4100\~,\,_t ow
0
CITY OF NEWPORT BEACH
MINUTES
r~pru r, iyyw
ROLL CALL INDEX
That this use permit shall a of exercised within 24
months fromo approval as specified in Section~
2 o0K f the Newport Beach Municipal Code.
Use Permit No. 3523 (Public Hearin-4 item No.
equest to permit the establishment of a take-out restaurant UP3523
facility specializing in baked food items, with incidental seating on
property located in "Commercial Area 14" of the Harbor View Approve d
ills Planned Community, and a request to waive a portion of the
required offstreet parking spaces.
CATION: Lot 1, Tract No. 4014, located at 2670 San
Miguel Drive, on the southeasterly corner of
San Miguel Drive and Ford Road, in the
Newport Hills Commercial Center of the
Harbor View Hills Planned Community.
ONE: P-C
APPLICANT- McFadden's Bake Shoppe, Inc., Newport
Beach
OWNER: The Irvine Company, Newport Beach
e public hearing was opened in connection with this item, and
. Earl Gibbs appeared before the Planning Commission on
behalf of the applicant. He concurred with the findings and
conditions in Exhibit "A".
ere being no others desiring to appear and be heard, the public
Baring was closed at this time.
yotion *otion was made and voted on to approve Use Permit No. 3523
Ayes **I *ubject to the findings and conditions in Exhibit "A". MOTION
Atsent ARRIED.
-8-
Exhibit No. 5
COMMISSIONERS
•
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL INDEX
FINDING
1. That the proposed use is consistent with the Land Use
Element of the General Plan and is compatible with
surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That adequate parking is available on-site to accommodate
the proposed take-out restaurant facility inasmuch as a
majority of the patrons either work in the subject shopping
center, reside within walking distance or are otherwise
already visiting in the vicinity.
That the waiver of the development standards as they
pertain to walls and a portion of the required parking (23
spaces) will not be detrimental to adjoining properties.
That the approval of Use Permit No. 3523 will not, under
the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in
the neighborhood or to the general welfare of the City.
ONDITI NS•
1. That development shall be in substantial conformance with
the approved plot plan and floor plan, except as noted
below.
That the development standards pertaining to walls and a
portion of the required parking (23 spaces) shall be waived.
That a washout area for refuse containers be provided in
such a way as to allow direct drainage into the sewer
system and not into the Bay or storm drains unless
otherwise approved by the Building Department and the
Public Works Department.
9-
l7
COMMISSIONERS MINUTES
CITY OF NEWPORT BEACH
C1Y111 7, 177Y
ROLL CALL INDEX
4. That grease interceptors shall be installed on all fixtures in
the restaurant where grease may be introduced into the
drainage systems, unless otherwise approved by the
Building Department and the Public Works Department.
5. That kitchen exhaust fans shall be designed to control
smoke and odor to the satisfaction of the Building
Department.
6. That no live entertainment, dancing, or the sale of alcoholic
beverages shall be permitted in the take-out restaurant
unless the Planning Commission approves an amendment
to this Use Permit.
That no temporary "sandwich" signs shall be permitted to
advertise the approved take-out restaurant facility.
That all mechanical equipment and trash areas shall be
screened from the adjacent street and adjoining properties,
and that said trash shall be stored at the rear of the site.
That the hours of operation of the take-out restaurant
facility shall be limited between the hours of 6:00 a.m. and
midnight daily.
10. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
1. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
-10-
l~
retail • mhelfsale
December 01,'2000
To Whom It May Concern,
I am writing to inform you of our expansion project at Pacific
Whey Baking Company; located at 2622 San Miguel Drive, Newport
Beach, Californa 92660.
The.building area is approximately 1300 square feet, and we will
be expanding to approximately 2600 square feet. Public space will
be 730 square feet or 28 percent of the total square footage and
the kitchen will occupy 1870 square feet.or "I2 percent of the
-total area. Our current store hours are: 7 A.M. to 4 P.M. daily,
and 7 A.M. to 3 P.M. on Saturday -and Sunday; serving breakfast
and lunch. Based on a review of the.past two years, 55 percent of
our business is retail and 45 percent is restaurant.
We are planning-to expand our hours to 6 A.M.' to 10 P.M. seven
days per week. We will be serving breakfast, lunch, late lunch,
desserts, and a full line of coffee products and drinks. Our
intent is to be a coffee house, not a dinner house. We feel this
will be a great addition to the neighborhood,- as this area is
expanding very rapidly and the nearest coffee house is over two
miles away.
The Newport Hills Shopping Center consists of the following
businesses, and their hours of operation:
s Ralphs Market
* Ace Hardware`
Daily 6 A;M to Midnight ,
Monday thru Friday 8 A.M. to 8 P.M.
Saturday 8 A.M. to 7 P.M.
Sunday 8 A.M. to 6 PsM.
s What's Cooking Bistro Monday thru Friday, 11:30 A.M. to 2 P.M.
: Optometrist Tuesday thru Friday 10 A.M. to-5 P.M.
Closed Sunday and Monday
s Newport Hills Cleaners Monday th_ru Friday 7 A.M. to 7 P.M. .
Saturday 8 A.M. to 5 P.M.
Closed Sunday
26226aaMipelhrne • Imparl9each.CaliprW92660 • PH.644.0363 Iq
Exhibit No. 6
retail • mhulesaII
* Pacific Whey Baking Co. Monday thru Friday 7 A.M. to 4 P.M.
Saturday 8 A.M. to 3 P.M.
Sunday 8 A.M. to 2 P.M.
* Scene Gallery Daily 7 A.M. to 5 P.M.
* One on One Personal Training By appointment only
Thai Touch Monday thru Friday 11:30 A.M. to 3 P.M.
Daily 5 P.M. to 9:30 P.M.
Newport Hills Pharmacy Monday thur Friday 9 A.M. to 6:30 P.M.
Saturday 10 A.M. to 5 P.M.
Closed Sunday
Gina De Michael-General Partner
2622 San M el 6riee • IWuport Beach. 6aRoraia 9266h . 714.694.6363
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Exhibit No. 7
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-3200; FAX (949) 644-3250
PP4 a,Qg 1- 001,
Application: X Ilse Permit No.
^ Planning Director's
Use Permit No.
^ G.P.A./Amendment No.
^ Variance No.
PART I: Cover Page
Project Common Nan:e (if applicable): PAC` F ( C ~ ~f (rX P40,51 Dt4) FEES 9
APPLICANT (Print):CONTACT PERSON (if different):
Mailing Address: 9,!51b ~f~L~Vf i~~ 1 Mailing Address:
Phone: ( ) 2 5 Fax ( )5
~8 DO
Phone: ( ) Fax ( }
Property Owner (if different from above):
i RV'1 s~~ C1~ .
Mailing Address:
Phone: ( ) Fax
PROJECT ADDRESS:
Project Description (If applying for a variance, also complete attached form for required findings.):
PROPERTY OWNER'S AFFIDAVIT
(I) (We) depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements
and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my)
(our) knowledge and belief.
Signature(s)
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
JD
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M0199 Va V QaXOH Ml 21137dIVOD ION OQ
0
PART II: Project Data Sheet
0
Project Common Name:Application Number(s):
Project Address/Location:Assessors Parcel Number(s):
Legal Description (Attach on separate sheet, if necessary):
Existing Land Use:Proposed Land Use:
Zoning District:Land Use Designation:
Existing
Development
Proposed Development Zoning Code
Requirement
~~ S / a 2 oa Z3 moss
Lot Width (ft)
Lot Depth (ft)
Setback Yards
Front (ft)
Side (ft)
Side (ft)
Rear (ft)
Gross Floor Area (sf)
Floor Area Ratio
Building Coverage (%)
Building Height (ft)
Landscaping (%)
Paving (%)/A
Parking
Number of Employees
Number of seats
Dwelling Units
AX-
/¢-AM.
f lours of Operation
F:\USERS\PLAN\SHAREDU FORMS\ I PRODATA.DOC
3
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 8 sets reduced. All
plans shall be collated, stapled and folded to a size of 8'/:" by 14", maximum.
The Plannine 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.)
FAUSERS\PLAMSHARED\I FO RMS\I PRODATA. DOC
4
CITY OF NEWPORRACH Application:X iJse Permit No. ~ 3S-Z3 Am"
COMMUNITY AND ECONOMIC DEVELOPMENT ^Planning Director's
PLANNING DEPARTMENT Use Permit No.
3300 NEWPORT BOULEVARD O G.P.A./Amendment No.
NEWPORT BEACH, CA 92658 ^Variance No.
(949) 644-3200; FAX (949) 644-3250
PART I: Cover Page
Project Common Name (if applicable): PAC1 rl C 1~/41~Y ICY P401 b tJ) FEES
00
APPLICANT (Print):CONTACT PERSON (if different):
Mailing Address: ~~~~ ~/kl~V1/A~ }Mailing Address:
Phone: ( ) LLfq ~5 ~ Fax ( )Phone: ( ) Fax ( )
Property Owner (if different from above):
! U1a4~~ 01> .
Mailing Address:
Phone: Fax
PROJECT ADDRESS: 06 Z'2- 'SA --Pk
Project Description (If applying for a variance, also complete attached form for required findings.):
PROPERTY OWNER'S AFFIDAVIT
(I) (We) depose and say that (I am) (we are) the owner(s) of the
property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements
and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my)
(our) knowledge and belief.
Signature(s)
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
IV
DO NOT COMPLETE THE BOXED AREA BELOW
FOR PLANNING DEPARTMENT USE ONLY.•
?ndicate Previous Modifications, Use Permits, Specialty Food Service Permits, etc.
General Plan Designation: Zoning District: Coastal Zone: YES or NO
Date Filed: d -/L -d ( Fee Pd6' q J O Receipt No: Rq Q I
Date Deemed Complete: 9 • 13 •d 40 / Hearing Date:
Posting Date: Mailing Date:
Planning Director Action
Date Appeal
P.C. Hearing a& :y. owl P.C. Action.~g
Date Appeal
C.C. Hearing C.C. Action
F\USERS\PLMSHAREDU FOPMS\US E-APP.DOC
CNB/PLANNING ID:949-644-3229
CITY OF NEWPOIWACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644.3200: PAX (949) 644.3250
MRR 20'01 17:19 No.005 P.02Pull- gout 'OU/
Application: V OPermit No. u() 3Sa3
^ Planning Director's
Use Permit No.
^ G.P.A./Amendment No.
Q Variance No.
O
O
PAILT I: Cover Page
Prtjeer Cwnoro+r Nan+e (if aoolicablel: t A~ ! +'1L- W # CI GYPA-645;W) FEES: M
APPLICANT (Print):
6-1 0k, DE /(-! E1-
CONTACT PERSON (i ifferent): ~-
Imo, rI I W( AA
Mailing Address: e7.5"8/ FA7" bY2--'
69" Mel A-. Ch 9~~ 7
Mailing Address: ) lymiQ1' f i AJ k _ Jop
~~ rl)~ ~e E CA Tiu l s
Phone: (~/f ) &o K-.2 5/S Fax (jy Phone: (j4q) -jA0 • t5jTI.e ~ Fax (C)q0 -TQ0 , g 7 L100
Property Owner (if different from above):
2'R l! /nl E CQ M P /~9
Mailing Address: .S;s-n I)e'Y olr-T d.
It >/-~3c
DMD- - nft,67 . <AUX15^
9u O
Phone: Fax
PROJECT ADDRESS: oZ~o e1 9+Aj M1~-u~L
Project Description (If applying for a variance, also complete attached form for required findings.):
(1) (We) ~ `y\-;, (j depose and say that (I am) (we are) the owner(s) of the
properly(ics) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements
and answers herein contained and the information herewith submitted re in all respects tr le and correct to the best of (my)
Wt:r) knowledge and belief. x
Signature(s) t t
®PR0' ;-
NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application.
PLEASE PROCEED TO PART 11 OF THE APPLICATION
A # 35 21
City of Newport Beach
Planning Department
Re: Conditional Use Permit #3523
Pacific Whey Baking Company
To Whom It May Concern:
I, Gina De Michael, owner of Pacific Whey Baking Company of
Newport Beach, California fully intend to comply with "Conditions
of Approval" of Conditional Use Permit #3523, dated April 7,1994.
This permit was heard at the Planning Commission meeting on the
above noted date. (Public Hearing Agenda #4)
If you have any questions regarding this statement, please
contact me at 714-645-2515.
Respectfully Submitted,
Gina De Michael
Pacific Whey Baking Company
2622 San Miguel Dr.
Newport Beach, Ca 92660
• Y
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
March 13, 2001
Ms. Gina De Michael
Pacific Whey Baking Company
2581 Fairway Drive
Costa Mesa, CA 92627
Subject: Use Permit No. 3523
2622 San Miguel Drive
Your application for the above referenced project has been deemed complete by the
Planning Department. The public hearing for this case is set for April 5, 2001, and a
public notice will be sent to you in the mail. For your information, the meeting
commences at 6:30 p.m. and is located in the City Council Chambers.
Should you have any questions or need assistance in the meantime, please do not hesitate
to contact me at (949) 644-3208.
Sincerely,
PLANNING DEPARTMENT
Associate Planner
Cc: Madisson Marquette
% Mr. Gary Hepburn
5 Jenner
Suite 100
Irvine, CA 92618
3300 Newport Boulevard, Newport Beach
*TICE OF PUBLIC HEARING
PA2001-009 for
Use Permit No. 3523Amended
Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing
on the application of Gina DeMichael. Pacific Whey Baking Company, on behalf of The Irvine
Company, property owners, for Use Permit No. 3523Amended on property located at 2622 San Miguel
Drive.
Request for a use permit to change an existing food establishment from a take-out to a full-service
restaurant by expanding into an adjacent tenant space. The request includes a waiver of a portion of
the required parking spaces.
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 1 (Existing Facilities).
Notice is hereby further given that said public hearing will be held on the 5th day of April. 2001, at the hour
of 6:30 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.
Steven Kiser, Secretary, Planning Commission, City of Newport Beach.
NOTE: The expense of this notice is paid from a filing fee collected from the applicant.
NOTICE OF PUBLIC HEARING
PDA2001-009 for
UP3523Amended
Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing
on the application of Gina DeMichael, on behalf of The Irvine Company, property owner(s), for
UP3523Amended on property located at 2622 San Miguel Drive.
The request is for the approval of a use permit to expand an existing take-out restaurant into an
adjacent tenant space and convert to a full service, small scale restaurant facility.
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 1 (Existing Facilities).
Notice is hereby further given that said public hearing will be held on the 22nd day of March, 2001, at the
hour of 6:30 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.
Steven Kiser, Secretary, Planning Commission, City of Newport Beach.
NOTE: The expense of this notice is paid from a filing fee collected from the applicant.
458-081-05
Robert E & Anne Kent
2024 Port Cardiff P1
Newport Beach CA 92660-5417
458-081-07
Alex & Valerie Acevedo
2070 Port Bristol Cir
Newport Beach CA 92660-5413
458-081-09
Daniel W & Debra Powers
2071 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-11
Farzam & Michele Afshar
2065 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-13
Wendy Krussman
2057 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-15
Stephen P Sandland
2049 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-17
John B & Kimberly Turner
2041 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-35
Richard Rae
2056 Port Weybridge Pl
Newport Beach CA 92660-5433
458-082-01
Susanne Harrison
916 Spring Tide Dr
Newport Beach CA 92660-8209
458-082-13
Mark Zucker
2024 Port Bristol Cir
Newport Beach CA 92660-5413
458-081-06
William R Sammons
2066 Port Bristol Cir
Newport Beach CA 92660-5413
458-081-08
David J & D Prickett
2074 Port Bristol Cir
,Newport Beach CA 92660-5413
458-081-10
Ashok & Bhavaa Saggar
2067 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-12
Norman R & Loni Gritsch
2061 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-14
Irvine Co
2053 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-16
'Mark & Anita Brown
2045 Port Bristol Cir
Newport Beach CA 92660-5414
458-081-18
Ahmad & Parvaneh Jilanchi
2037 Port Bristol Cir
Newport Beach CA 92660-5414
458-061-36
Nicholas J Sopkovich
2083 Port Province P1
Newport Beach CA 92660-5430
458-082-02
Donald F Barker
2025 Port Cardiff P1
Newport Beach CA 92660-5418
458-082-14
Pamela S Morris
2028 Port Bristol Cir
Newport Beach :A 92660-5413
458-082-15
Richard V & Rosanne Valdes
2032 Port Bristol Cir
Newport Beach CA 92660-5413
458-511-02
Ming C Chen
2220 Port Lerwick P1
Newport Beach CA 92660-5423
458-511-04
Stephen A Brahs
2208 Port Lerwick P1
Newport Beach CA 92660-5423
458-512-01
Edward Z Merjanian
2227 Port Lerwick P1
Newport Beach CA 92660-5424
458-512-03
Marion L Harrell
20025 Beatty Ridge Rd
Los Gatos CA 95033-9411
458-512-05
Sharon M Mac Donald
2201 Port Lerwick Pl
Newport Beach CA 92660-5424
•
458-511-01
Joseph R Fox
2226 Port Le"ick P1
Newport Beach CA 92660-5423
458-511-03
Robert & Connie Ensign
:2214 Port Lerwick P1
,Newport Beach CA 92660-5423
458-511-05
B E Cahn
2200 Port Lerwick P1
Newport Beach CA 92660-5423
458-512-02
Sui-I Chiu
2221 Port Lerwick P1
Newport Beach CA 92660-5424
458-512-04
Ronald G & Peta Paladin
2207 Port Lerwick P1
Newport Beach CA 92660-5424
458-512-09
Jack D & Gina.Jensen
2226 Port Carlisle P1
Newport Beach CA 92660-5419
458-512-10
Jeanne A Severance
2232 Port Carlisle P1
458-515-01
Seawind Community Assn
PO Box 19530
Newport Beach CA
458-515-02
Habibion
92660-5419 Irvine CA 92623-9530
458-515-03
Richard J Ford
2527 Port Whitby P1 2521 Port Whitby P1
Newport Beach CA 92660-5436 Newport Beach CA 92660-5436
458-515-04
Ronald J & Barbara Ritner
2515 Port Whitby P1
458-515-05
Robert L Burke
2507 Port Whitby P1
Newport Beach CA 92660-5436 Newport Beach CA 92660-5436
458-521-05 458-521-06
Leonard J Costas John E & Jackie Melbon
PO Box 8504 2307 Port Lerwick P1
Newport Beach CA 92658-8504 Newport Beach CA 92660-5426
•
458-521-07
David & Christy Godber
2301 Port Lerwick P1
Newport Beach CA 92660-5426
458-521-08
Haar C Ter
2900 72nd Ave
Zeeland MI 49464-9352
458-521-09
Takeo T Yamamoto
2233 Port Lerwick P1
Newport Beach CA 92660-5424
458-521-11
James R Beal
2244 Port Carlisle P1
Newport Beach CA 92660-5419
458-522-02
Alan M Greenberg
5424 Bragg St
San Diego CA 92122-4104
458-522-04
Manny & Mary Weber
2306 Port Lerwick P1
Newport Beach CA 92660-5425
458-551-01
Irvine Cc
PO Box 52085
Phoenix AZ 85072-2085
458-551-05
Villageway Mgnt Inc Harbor Vie
PO Box 4708
Irvine CA 92616-4708
458-551-07
Villageway Mgnt Inc Harbor Vie
PO Box 4708
Irvine CA 92616-4708
458-551-09
Harbor View Knoll Community As
3551 Camino Mira Costa N
San Clemente CA 92672-3529
458-551-12
Bank Of America Nt&Sa
750 B St 1500
San Diego CA 92101-8131
458-521-10
James E & Sally Lane
2238 Port Carlisle P1
Newport Beach CA 92660-5419
458-522-01
Homer C & Laura Oatman
2232 Port Lerwick P1
Newport Beach CA 92660-5423
458-522-03
Jerrold L & Betty Prell
2300 Port Lerwick P1
Newport Beach CA 92660-5425
458-522-05
Danny M & Renee Dunlap
2312 Port Lerwick P1
Newport Beach CA 92660-5425
458-551-04
Villageway Mgnt Inc Harbor Vie
PO Box 4708
Irvine CA 92616-4708
458-551-06
Villageway Mgnt Inc Harbor Vie
PO Box 4708
Irvine CA 92616-4708
458-551-08
Villageway Mgnt Inc Harbor Vie
PO Box 4708
Irvine CA 92616-4708
458-551-11
Corp Of Presiding Bishop Of Ch
550 Newport Center Dr
Newport Beach CA 92660-7011
458-731-02
Bonita Canyon Public Facilitie
2985 Bear St A
Costa Mesa CA 92626-4300
458-731-03
Bonita Canyon Public Facilitie
2985 Bear St A
Costa Mesa CA 92626-4300
458-731-05
Bonita Canyon Public Facilitie
2985 Bear St A
Costa Mesa CA 92626-4300
0
458-731-04
Bonita Canyon Public Facilitie
2985 Bear St A
Costa Mesa CA 92626-4300
458-731-06
Bonita Canyon Public Facilitie
2985 Bear St A
Costa Mesa CA 92626-4300
458-731-11
Bonita Canyon Public Facilitie
458-732-02
Stephen C Scarlett
2985 Bear St A i
Costa Mesa CA 92626-4300
1723 Westcl ff Dr
Newport Beach CA 92660-5529
458-732-03
Stephen C Scarlett
1723 Westcliff Dr
Newport Beach CA 92660-552.9
458-732-08
Church Of St Matthews By The S
1723 Westcliff Dr
Newport Beach CA 92660-5529
934-61-002
Joyce D Cathcart
1508 Halekoa Dr
458-732-05
Church Of St Matthews By The S
1723 Westcliff Dr
Newport Beach CA 92660-5529
934-61-001
Bradford L Christman
2774 Hillview Dr
Newport Beach CA 92660-5406
934-61-003
Janice Whitman
2770 Hillview Dr
Honolulu HI 96821-1125 Newport Beach CA 92660-5406
934-61-004 934-61-005
Andrew S Gabriel Richard L & Susan Hammond
2771 Hillview Dr 2769 Hillview Dr
Newport Beach CA 92660-5407 Newport Beach CA 92660-5407
934-61-006
George Anderson
22 Cape Andover
934-61-007
Edward W Egan
2765 Hillview Dr
Newport Beach CA 92660-8402 Newport Beach CA 92660-5407
934-61-008
John Vargas
2763 Hillview Dr
934-61-009
William H Johnson
2761 Hillview Dr
Newport Beach CA 92660-5407 Newport Beach CA 92660-5407
934-61-010
Donald M Tippett
2747 Hillview Dr
934-61-011
John H Long
2745 Hillview Dr
Newport Beach CA 92660-5407 Newport Beach CA 92660-5407
•
934-61-012
Timothy J Lysgaard
2743 Hillview Dr
Newport Beach CA 92660-5407
934-61-013
Richard A & Kelly Nutt
2741 Hillview Dr
Newport Beach CA 92660-5407
934-61-014
Brian H Zenz
2762 Hillside Dr
Newport Beach CA 92660-5402
934-61-016
Vicki Dereynal
2766 Hillside Dr
Newport Beach CA 92660-5402
934-61-018
R D Mccumsey
3334 E Coast Hwy 417
Corona Del Mar CA 92625-2328
934-61-020
Scoti L Adams
2307 Francisco Dr
Newport Beach CA 92660-3732
934-61-022
Suzanne Horsburgh
2758 Hillview Dr
Newport Beach CA 92660-5406
934-61-024
Jack W & Ann Custer
55320 Riviera
La Quinta CA 92253-5702
934-61-026
Christy
2750 Hillview Dr 26
Newport Beach CA 92660-5406
934-61-028
Robert M Hubert
525 E Paseo Dr
Corona Del Mar CA 92625
934-61-030
Donald H Landis
2742 Hillview Dr 30
Newport Beach CA 92660-5406
1
934-61-015
Mary L Bruner
2764 Hillside Dr
Newport Beach CA 92660-5402
934-61-017
Gary G & Karen Knoche
,12768 Hillview Dr
Newport Beach CA 92660-5406
934-61-019
Geraldine A Effinger
2764 Hillview Dr
Newport Beach CA 92660-5406
1,934-61-021
Susan A Fowle
2760 Hillview Dr
Newport Beach CA 92660-5406
934-61-023
Lisa M Whitney
2756 Hillview Dr 23
Newport Beach CA 92660-5406
934-61-025
Gretchen Landers
2752 Hillview Dr 25
Newport Beach CA 92660-5406
934-61-027
C J Hermosillo
453 Radcliffe Ct
Laguna Beach CA 92651-3635
934-61-029
Lou P Krumpholz
2744 Hillview Dr
Newport Beach CA 92660-5406
934-61-031
Marilyn V Arnesen
2740 Hillview Dr
Newport Beach CA 92660-5406
0
934-61-032
Frumi R Barr
2711 Hillside Dr 2
Newport Beach CA 92660-5403
934-61-033
Michael P & Tiffany Klarin
2709 Hillside Dr
Newport Beach CA 92660-5403
934-61-034
Evelyn L Darringer
2707 Hillside Dr
Newport Beach CA 92660-5403
934-61-036
Aana Perkins
2703 Hillside Dr
Newport Beach CA 92660-5403
934-61-038
Doris B Waniek
2700 Hillside Dr
Newport Beach CA 92660-5402
934-61-040
Patricia A Hirsh
2704 Hillside Dr
Newport Beach CA 92660-5402
934-61-042
Richard & Lynn Cohen
2727 Hilltop Dr
Newport Beach CA 92660-5405
934-61-044
Gwendolyn P Gamble
2723 Hilltop Dr 44
Newport Beach CA 92660-5405
934-61-046
J P Connole
2707 Hilltop 46
Newport Beach CA 92660-5405
934-61-048
Demetre J Ermacoff
2703 Hilltop Dr
Newport Beach CA 92660-5405
934-61-050
Nancy K Nelson
2704 Hilltop Dr
Newport Beach CA 92660-5404
934-61-035
Janne E Sprick
2705 Hillside Dr 35
Newport Beach CA 92660-5403
1934-61-037
John Coyne
i 2701 Hillside Dr 37
Newport Beach CA 92660-5403
934-61-039
Martha M Walker
2702 Hillside Dr
Newport Beach CA 92660-5402
934-61-041
Thomas E Blankenship
7798 Stagecoach Dr
Park City UT 84098-5337
934-61-043
Lewis W & Michelle Garber
2725 Hilltop Dr
Newport Beach CA 92660-5405
934-61-045
Colin M Gunton
53806 Ridge Rd
Yucca Valley CA 92284-2380
934-61-047
Phyllis Brannin
2705 Hilltop Dr
Newport Beach CA 92660-5405
934-61-049
Dwight F Ryan
11 Lochmoor Ln
Newport Beach CA 92660-5214
934-61-051
Elizabeth W James
2706 Hilltop Dr
Newport Beach CA 92660-5404
934-61-052 934-61-053
Gerald J & Noel Chirpka Gary R Smith
2708 Hilltop Dr 2710 Hilltop Dr
Newport Beach CA 92660-5404 Newport Beach CA 92660-5404
934-61-054 934-61-055
Eric & Laongthip Leusebrink Roger A Mcgonegal
2712 Hilltop Dr 2714 Hilltop Dr
Newport Beach CA 92660-5404 Newport Beach CA 92660-5404
934-61-056 934-61-057
Chris Duplanty James A Gleason
2716 Hilltop Dr 2100 Yacht Mischief
Newport Beach CA 92660-5404 Newport Beach CA 92660-6714
934-61-058 934-61-059
Robert J Dunham Ronald W Bartosik
2720 Hilltop Dr 2722 Hilltop Dr
Newport Beach CA 92660-5404 Newport Beach CA 92660-5404
934-61-060 934-61-061
Lori L Garrett .King B & Pauline Nelson
2724 Hilltop Dr 2726 Hilltop Dr 61
Newport Beach CA 92660-5404 Newport Beach CA 92660-5404
934-61-062 934-61-063
Robert M Klein Smith
2728 Hilltop Dr 2913 El Camino Real 555
Newport Beach CA 92660-5404 Tustin CA 92782-8909
934-61-064
William B & Patsy Burke
2732 Hilltop Dr
Newport Beach CA 92660-5404
*** 133 Printed ***
agejssalppy00915 jasel .OhL
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Newport Center Association Harbor View Community Association
+ Lisa Reedy Debbie Finn
110 Newport Center Dr., 140-A P. O. Box 4708
Newport Beach, CA 92660 Irvine, CA 92616
OAHBAV
®o9iS ioj aaeldwa; aso vjjs7Aagg paaj g;oows
I Joe Sanchez
, certify that on the attached property owners
List was prepared pursuant to application requirements furnished by
County Planning Department. Said list is a complete and true compilation of ownership of the
'7ff
~t
Subject property and all other property owners within FEET of the property
Involved in the application and is based upon the latest county assessment rolls.
I further certify that the information filed is true and correct to the best of my knowledge. I
Understand the incorrect or erroneous information may be grounds for rejection or denial of the
Application.
Assessors parcel number: 4616 -4;9~; 1 - I
Property address:Z,W Mflllb Ra .
EQUITI" TITLE COMPANY
Lead farming dept. Representative
(714) 385-0192
Equity Title Company has furnishedthis variance report in conformance with the rules establishedby the
California Insurance Commissioner, who urges you to shop for the best service available andcompare title
insurance and other service associatedwith the purchase of a home. This information is furnishedfor stated
charge or as an accommodation only. The information containedherein is not a complete statement or
representation of the status of title to theproperty in question amfno assurances are made or lability assumed
As to the accuracy thereof.
EQUITY TITLE COMPANY
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