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HomeMy WebLinkAboutUP3626 Newport Planning Me -Kilo To: File PA 2001-027&Use Permit No. 3626 From: James Campbell, Senior Planner Date: July 20,2007 Re: Application status This application to amend Use Permit No. 3626 was deened inactive and abandoned due to the applicant's inability to make the application complete for processing. No public hearing was held. 1 CITY OF NEWPORT BEACH p� s PLANNING DEPARTMENT Hearing Date: June 12,2001 s moo NEWPOIRT BOULEVARD Agenda Item No.: NEWPORT BEACH,CA 92658 Staff Person: Patrick J. Alford c9te sppiyh (944)644-3200;FAX(949)644_3250 (949)644-3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Use Permit 3626 (Buzz) Revocation FILE COPY 3450 Via Oporto SUMMARY: An appeal by the applicant of the Planning Commission's revocation of Use Permit 3626. SUGGESTED ACTION: 1) Rescind the City Council's action on February 13, 2001 referring the revocation appeal back to the Planning Commission; and 2) Direct the Planning Director to designate a hearing date and a hearing officer to conduct the revocation appeal hearing and submit proposed findings and recommendations to the City Council for final action. Background On November 9, 2000, the Planning Commission voted to revoke Use Permit 3626. The applicant filed an appeal to the City Council on November 27, 2000 and expressed a willingness to correct the violations that led to the revocation by filing a new use permit application for a new eating and drinking establishment. At the applicant/appellant's request, the City Council twice continued the appeal hearing before referring the matter back to the Planning Commission on February 13, 2001. The Planning Commission was to reevaluate the revocation in conjunction with an application for a new eating and drinking establishment on the project site (see Exhibit I for a detailed chronology of events). Discussion When the Planning Commission's decision to revoke Use Permit 3626 was appealed to the City Council, the revocation was held in abeyance until the appeal is heard. Therefore, the City did not have the authority to require the establishment to close without obtaining a court order until such time as the City Council makes a final decision on the appeal. The applicant/appellant agreed that while they were applying for a new use permit, the establishment would operate with approximately 2,000 square feet of the second floor' closed off pending the outcome of the appeal and/or an application to modify the use permit. This was intended as an accommodation principally to allow the management to honor their boat parade and other holiday banquet commitments during December 2000 and January 2001. The establishment operated sporadically thereafter until the management voluntarily closed the establishment in early March 2001. On March 28, 2001, the applicant/appellant's representative submitted a letter informing the City of "the decision had been made to stop operations of 'the Buzz"' and their intent to "move slowly" on the use permit application. They also requested "that any hearing relative to the revocation be tabled." The applicant/appellant now believes they have a right to reopen and operate at less than what was approved under the use permit, provided the approximately 2,000 square feet on the second floor originally approved as game areas is not used for any purpose. The applicant/appellant proposes to block off this area off. It should be noted that the "block off'plan implemented for the holidays was not fully effective in preventing use of the second floor area and,therefore, deemed by staff not to be in compliance with Use Permit 3626 conditions. Staff does not believe that it was the City Council's intent to allow any new establishment to open on the project site without the appropriate permits. It has been four(4)months and the City still has not received a complete application. Therefore, staff recommends that the City Council rescind their earlier action referring the revocation appeal back to the Planning Commission and direct the Planning Director to designate a hearing officer to conduct the revocation appeal hearing under the provisions of Section 1.08.055 of the Municipal Code. The hearing officer will take evidence, direct preparation of a transcript and submit proposed findings and recommendations to the City Council. The City Council may then adopt the proposed findings and recommendations as their decision or may take any other action that is supported by substantial evidence in the record. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner Exhibits: 1. Chronology of Events. 2. February 13,2001 City Council Staff Report. 3. February 13,2011 City Council minutes. ' The use permit designated this space as games areas,which was the basis of the Planning Commission's approval of an increase of the net public area and the waiver of a portion of the project's off-street parking requirement. The conversion of this and other areas of the establishment to food and beverage service live entertainment,and dancing was one of the primary reasons for the revocation of the use permit. Use Permit 3626(Buzz)Revocation 2 June 12.2001 Page 2 Use Permit 3626 (Buzz) Revocation 3450 Via Oporto Chronology of Events On October 5, 2000, the Planning Commission was informed of apparent violations of the terms and conditions of approval for the establishment known as Buzz (Use Permit 3626). Planning Commission determined that there are reasonable grounds for the revocation of the use permit and, at the request of the applicant's legal counsel, set the revocation hearing date for November 9, 2000. On November 9, 2000, the Planning Commission voted (6 ayes, 0 no, 1 absent) to revoke Use Permit 3626. November 27, 2000,the applicant files the appeal to the City Council. On December 1, 2000, applicant/appellant submitted a letter requesting a continuance and expressing a willingness to correct the violations that led to the revocation. On December 12, 2000, the City Council continued the appeal hearing to January 23, 200E On December 13, 2000, the applicant/appellant submitted a letter outlining the proposed changes to the operational characteristics of the establishment. On January 8, 2001, the applicant/appellant requested a second continuance to allow time to file an application for a use permit for a new eating and drinking establishment on the project site. On January 23, 2001, the City Council continued the appeal hearing to February 13, 2001. One February 1, 2001, the applicant/appellant filed an application for a use permit for a restaurant with entertainment and dancing (Newport Fish House), On February 13, 2001,the City Council referred the project back to the Planning Commission so they could take action on the new application and possibly factor in the revocation proceedings into that process. On March 2, 2001, the Planning Department staff sent a letter to the applicant/appellant advising him that the application was incomplete. On March 28, 2001, the applicant/appellant's representative submitted a letter stating "the decision had been made to stop operations of `the Buzz"' and requesting "that any hearing relative to the revocation be tabled." On April 17, 2001, the City sent a letter to the applicant/appellant stating that the request to table the revocation proceedings and the statement that a complete application was not forthcoming 3 Exhibit 1 was counter to the City Council' direction. Furthermore, that the City considered their actions as their desire not to pursue the application or appeal. Staff gives the applicant/appellant one(1) week to respond. On April 23, 2001, the applicant/appellant's representative responded with more detail on how they plan to proceed with the goal to work with the City. There is no mention of intent to reopen. On May 11, 2001, the applicant/appellant applied for a building permit for a wall sign for "Newport Fish House." On May 18, 2001, the Code Enforcement Division observed and photographed a banner on the project site indicating that the "Newport Fish House"will open in June. On May 21, 2001, the applicant/appellant's representative stated that the application will be completed,but wished to reopen prior to the hearing. On May 23, 2001, the applicant/appellant submitted additional information and plans in response to incomplete letter. The applicant/appellant emphasized that they were not asking for a new use permit, rather simply requesting a modification to the use permit to remove "...the game element from the operation..." Exhibit 1 �E�r/ppRr CITY OF NEWPORT BEACH o� PLANNING DEPARTMENT FA2enda ng Date: February 13,2001 Moo NEWPORT BOULEVARD tem No.: 19 l NEWPORT BEACH,CA 92658 Person: Patrick J. Alford 7CtFpA� ( 9)6 -3 (949) - 5ue (949)644-3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Use Permit 3626 (Buzz) Revocation Appeal (Eric Rameson and Hospitality Management Group, applicant/appellant) 3450 Via Oporto SUMMARY: An appeal by the applicant of the Planning Commission's revocation of Use Permit 3626. ACTION: Hold a public hearing and uphold or reverse the decision of the Planning Commission to revoke Use Permit 3626. Introduction The applicant has filed an appeal (Attachment A) of the Planning Commission decision to revoke a use permit for a full service restaurant and entertainment facility known as Buzz. The applicant/appellant has twice requested and received continuances with the understanding that an application for a use permit for a new eating and drinking establishment on the project site would be filed by the end of January, 2001. However, as of this writing, the application for the new use permit has not been filed with the Planning Department. Background On October 5, 2000, the Planning Commission was informed of apparent violations of the terms and conditions of approval for the establishment known as Buzz (Use Permit 3626). Planning Commission determined that there are reasonable grounds for the revocation of the use permit and, at the request of the applicant's legal counsel, set the revocation hearing date for November 9, 2000. On November 9, 2000, the Planning Commission voted (6 ayes, 0 no, 1 absent) to revoke Use Permit 3626. The applicant filed the notice of appeal on November 27,2000. On December 1, 2000, applicant/appellant submitted a letter requesting a continuance and expressing a willingness to correct the violations that led to the revocation. On December 12,2000,the City Council continued the appeal hearing to January 23, 2001. d • On December 13, 2000, the applicant submitted a letter outlining the proposed changes to the operational characteristics of the establishment. On January 8, 2001, the applicant/appellant requested a second continuance to allow time to file an application for a use permit for a new eating and drinking establishment on the project site. On January 23, 2001,the City Council continued the appeal hearing to February 13,2001. Analysis The Appeal The applicant bases the appeal on the following arguments: 1. The Planning Commission had no authority to revoke Use Permit 3626. 2. The Planning Commission acted arbitrarily and capriciously by refusing the applicant's request for a full evidentiary hearing. This would include witnesses testifying under oath, the opportunity to cross-examine, issue subpoenas, and conduct discovery. 3. Many of the supporting materials to the Planning Commission's staff report were provided too close to the hearing, which did not give the applicant enough time to prepare an adequate rebuttal. 4. The Planning Commission's action has no rational basis, violates the First Amendment rights of the applicant, and lacks any adequate substantive factual basis. 5. The Planning Commission refused to take any testimony from the applicant and their witnesses. 6. The Planning Commission hearing violated the California and United States Constitutions and deprived the applicant of their Constitutional rights. The Planning Commission's Action The Planning Commission first addressed the applicant's request for a full evidentiary hearing. Both the Assistant City Attorney and the independent legal counsel retained for the revocation hearing (Philip D. Kohn of Rutan & Tucker) advised the Planning Commission that the judicial- type proceedings requested by the applicant were not applicable to the revocation proceeding relating to the use permit. Furthermore, the applicant is provided due process through the opportunity to be present,to be confronted with the evidence that is being presented to the Planning Commission, to be provided with the opportunity to present testimony, documentary evidence, argument and whatever other written or oral information he wishes the Commission to consider. Use Permit 3626(Buzz)Revocation Appeal February 13,2001 Page 2 • i The Planning Commission concluded that the public hearing procedure, which includes the staffs presentation, the applicant's presentation, public testimony, and the applicant's rebuttal, was the proper procedure for the revocation hearing. The Planning Commission then addressed the applicant's request for a continuance. Some Commissioners acknowledged that there was a voluminous amount of support material, most of which consisted of arrest reports and declarations from Newport Beach Police Department (NBPD) officers. However, the consensus of the Planning Commission was that the primary issue was whether or not the project was in compliance with the terms and conditions of approval. The Planning Commission questioned the value of detailed inquiries into the arrest reports and the declarations of the NBPD, noting that NBPD officers were either present at the hearing or on call should they be needed. The Planning Commission concluded that the applicant did not present a compelling justification for another postponement of the revocation hearing and chose not to grant the request for the continuance. The Planning Commission then addressed whether the findings could be made to revoke the use permit, focusing on two key points. First, the extent to which the project as it operates today deviates from that approved by the Planning Commission and the City Council in 1998. Second, whether the terms or conditions of approval of the use permit have been violated or that other laws or regulations have been violated. In their discussion, the Planning Commission placed a strong emphasis on the applicant's admission that the interactive and skill games described in the project application and depicted on the approved floor plans had been removed and that valet parking service was not being provided. The Planning Commission confirmed that the substantial number of interactive and skill games was a key factor in the Planning Commission's approval of the project. The interactive and skill games were used to establish the operational characteristics of the project and served as the basis for the increase in the project's net public area and the partial waiver of the project's off-street parking requirement. The Planning Commission concluded that the removal of the games and subsequent use of this area for food and beverage service and dancing is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. Furthermore,the Planning Commission concluded that failure to provide valet parking was in direct violation of Use Permit 3626 Condition No. 3, which requires the project to provide a valet parking service. Based on the testimony of the applicant and the information contained in the staff report'>the Planning Commission voted to revoke Use Permit 3626 with the following fmdings: Finding No. 1: The permit was issued on the basis of erroneous or misleading information or misrepresentation. 1. The Planning Commission approved Use Permit 3626 on the basis of erroneous or misleading information or the misrepresentation that the project was to permanently operate as a full service restaurant/recreation facility. The full service restaurant/recreation facility was seen as a means of establishing a use that would Use Permit 3626(Buzz)Revocation Appeal February 13,2001 Page 3 correct the problems with the previous bar/nightclub use of the project site and be beneficial to the surrounding area. However, the project is being operated as a bar/nightclub that is negatively impacting the project site and the surrounding area. 2. The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor game area was identified as a permanent feature of the project. Since electronic game centers have a significantly lower off-street parking requirement than eating and drinking establishments, this feature was used as justification for the increase in net public area and the parking waiver. However, within six months of the issuance of the certificate of occupancy, all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. This increased the net public area of the project, leading to higher parking demand. The representative of the applicant stated that the first and second floors are no longer used as game area. Finding No. 2: That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. 1. The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units. However,within six months of the issuance of the certificate of occupancy, these games were removed, which is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. 2. A representative of the applicant has stated that the project has ceased to provide valet parking services, which is in direct violation of Use Permit 3626 Condition No. 3,which requires the project to provide a valet parking service. 3. The Code Enforcement Division issued administrative citations on February 5,2000 and February 26, 2000 for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. 4. From January 1, 2000 to September 30, 2000, the Newport Beach Police Department has documented at least 66 calls for service and 98 officer-initiated activities at the project site. The NBPD concluded that the project was having an adverse impact on the health, safety, and welfare of the neighborhood and the general public and is a drain on police resources. 5. The State Department of Alcoholic Beverage Control has formally advised the project owners that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance. Use Permit 3626(Buzz)Revocation Appeal ,J February 13,2001 D Page 4 Conclusion Should the City Council grant the appeal and reverse the Planning Commission's revocation of Use Permit 3626, the project will be allowed to continue to operate subject to the terms and conditions approved in 1998. Should the City Council affnm the Planning Commission's revocation of Use Permit 3626, all rights and entitlements granted by the use permit will become voided immediately. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner /LI Attachments: A. Appeal Application. B. December 1,2000 continuance request letter from the applicant/appellant. C. January 8,2001 continuance request letter from the applicant/appellant. D. November 9,2000 Planning Commission minutes. E. November 9,2000 Planning Commission staff report w/attachments. Note: Due to the volume of the attachments, they will not be reproduced for wide dissemination. They are available for review in the City Clerk's office. Use Permit 3626(Buzz)Revocation Appeal February 13,2001 Page 5 City of Newport Beach City Council Minutes February 13, 2001 INDEX that this is what was done when he sat on the Planning Commission. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, Proctor Noes: Heffernan, O'Neil,Mayor Adams Abstain: None Absent: None 19. USE PERMIT 3626 (BUZZ)REVOCATION APPEAL (ERIC RAMESON Use Permit 3626/ AND HOSPITALITY MANAGEMENT GROUP, APPLICANT/ Buzz Revocation Appe APPELLANT) - 3450 VIA OPORTO - AN APPEAL BY THE 3450 Via Oporto APPLICANT OF THE PLANNING COMMISSION'S REVOCATION OF (88) USE PERMIT 3626 (contd. from 12/12/00 & V23/01). City Attorney Burnham reported that staff met with Buzz representatives last week. He stated that they submitted an'application that will be considered by the Planning Commission for an amendment to the existing use permit to modify the business concept. He suggested either referring the revocation back to the Planning Commission so they could take action on the application and possibly factor in the revocation proceedings into that process, or deferring the revocation hearing for 60 or 90 days pending final action by the Planning Commission on the application. Motion by Council Member O'Neil to refer this item back to the Planning Commission. Mayor Adams opened the public hearing. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Abstain: None Absent: None CONTINUED BUSINESS 20. APPOINTMENTS TO ENVIRONMENTAL QUALITY CITIZENS EQA^ AFFAIRS COMMITTEE. Appointments (24) Motion by Mayor Pro Terri Ridgeway to appoint the following members from each City Council District,and confirm the appointments recommended by EQAC: (District 1). Mayor Pro Tem Ridgeway's appointment of Louis Van Dyl. (District 2) Council Member Proctor's appointment of Jim Miller. -(District'3) Council Member Glover's appointment of Gale Demmer. I � (District 4) Mayor Adams' appointment of Richard Rivett. Volume fi4-Pace 110 Taken On June 22,1998 [Sheet 1, Page 11 Now [Page 31 1 1 MAYOR EDWARDS: Okay. Council Member Hedges, this 2 2 is your item that you brought up. 3 3 COUNCIL MEMBER HEDGES: Yes, Mayor. I've also 4 4 spoken with the parties and will alter a motion to 5 5 sustain -- well, actually modify the action of planning 6 6 commission approve Use Permit No. 3626. 7 7 And I have a couple things I'd like to add in 8 8 here, conditions which are minor clarifications 9 9 actually to what the planning commission approved. 10 TRANSCRIPTION OF AUDIOTAPE OF �l 10 MAYOR EDWARDS: Clarify away. 11 CITY OF NEWPORT BEACH 11 COUNCIL MEMBER HEDGES: Clarify away. Actually 12 RE: JP'S OF NEWPORT BEACH 12 they're pretty short. And then I don't have a ready 13 Taken on June 22, 1998 13 reference to the existing position, so I'll Just state 14 14 these. 15 15 I want to see the applicant post adequate 16 16 signage on the parking structure identifying the 17 17 availability of validated free parking for JP's. 18 18 MS. WOOD: I believe that was the planning 19 19 commission (inaudible). 20 20 COUNCIL MEMBER HEDGES: But it was -- what -- which 21 21 one is that? Looking over it I didn't -- 22 22 MAYOR EDWARDS: I saw it. 23 i 23 COUNCIL MEMBER HEDGES: I didn't see the specific 24 24 (inaudible). 25 25 MS. WOOD: Condition number 29. [Page 21 [Page 41 1 June 22, 1998 - Newport Beach, California 1 COUNCIL MEMBER HEDGES: 29. 2 2 MAYOR EDWARDS: Number 29. The applicant shall 3 MAYOR EDWARDS: Next agenda item 31 is JP's of 3 develop and provide a directional -- 4 Newport Beach, Erik Rameson, applicant, 3450 Via 4 COUNCIL MEMBER HEDGES: Oh, that's why. I 5 Oporto. This is -- was set in the council agenda 5 (inaudible). 6 called up by Council Member Hedges. 6 MAYOR EDWARDS: Entered on Page 12. 7 My recall is that at the June 8th meeting it 7 COUNCIL MEMBER HEDGES: Okay. Clarification 8 was requested there be some meetings with regards to 8 (inaudible). 9 changing the operational characteristics as related to 9 MAYOR EDWARDS: Hand me Page 12. 10 parking. And, Ms. Woods, did those meetings occur? 10 COUNCIL MEMBER HEDGES: Okay. Well, what I'm 11 MS. WOOD: Planning director and I met with 11 specifically saying on here is that we have validated 12 representatives of the property owner across the street 12 free parking as part of the verbiage, Just so it's 13 Via Lido Plaza on Friday I believe, and explained the 13 understood on there. What this says is the directional 14 conditions of approval that had been added by the 14 signing program. 15 planning commission to this project, and how we thought 15 MS. WOOD: It includes validation. 16 the planning commission had done as much as they could 16 COUNCIL MEMBER HEDGES: Okay. And what about the 17 with what is admittedly an imperfect situation with the 17 ingress and the egress on Central? Right now it's been 18 conditions on this application. We think there's an 18 closed. Been closed for a long time. 19 opportunity to improve the parking situation. 19 MS. WOOD: We're currently reviewing the original 20 We all agreed that there should be at some 20 site plan approval, and we're -- and once we determine 21 point a comprehensive parking study for the entire 21 that they're not in compliance, we'll simply require 22 area. We thought that that might be something that 22 the operator to open up that exit. 23 could happen if Lido Marina Village were to be 23 COUNCIL MEMBER HEDGES: Okay. Are they not 24 redeveloped or something that could happen independent 24 compliant (inaudible) the condition to this 25 of that. 11 25 application? PRECISE REPORTING SERVICE (949) 833-9099 Taken On June 22,1998 go [Sheet 2, Page 51 [Page 71 MW 1 MS. WOOD: It's -- it's not necessary to do so, but 1 current vacations, and we'll pick that up, and we want 2 you certainly could. If it's on the existing site 2 to continue that effort to try to solve these 3 plan, it's just a matter of code enforcement. 3 problems. We thank you for initiating that. 4 COUNCIL MEMBER HEDGES: Yeah, that's been one of 4 MAYOR EDWARDS: So you agree to abide by and agree 5 the problems with this whole project, the Code 5 with the modification? 6 enforcement or lack thereof. I'd like to go ahead and 6 MR. KING: We have read, we do agree, and we will 7 have the ingress and egress on Central. (inaudible) to 7 abide by. Thank you. 8 clarify code enforcement issues. 8 MAYOR EDWARDS: Okay. Thank you, Mr. King. Is 9 And also in conjunction with this approval of 9 there anyone in the audience who would care to address 10 the use permit I would like to request that in 10 the council on agenda item 31? 11 conjunction with the redevelopment of the property that 11 Good evening. 12 we do conduct a comprehensive parking study, and also 12 MR. MARTIN: Good evening, Mr. Mayor, council 13 that before we do that we right now take a look at the 13 members. My name is Phil Martin. I'm with Phil Martin 14 compliance of the existing use permit with respect to 14 and Associates. I'm here this evening on behalf of 15 parking, with respect to lover boards, if there are 15 Lido Partners. 16 lover boards in the slips, how parking can be provided 16 And just as a clarification, Council Member 17 for them, and other general, compliance general 17 Hedges asked that the signing program be (inaudible) to 18 commission use permit. 18 include real descriptive directional signs into the 19 Minor qualifications to the existing -- 19 parking structure. The concern was people may not 20 MAYOR EDWARDS: Conditions. 20 realize that there is free validated parking in the 21 COUNCIL MEMBER HEDGES: -- conditions. 21 parking structure. They may look for free parking 22 MAYOR EDWARDS: Okay. Is there a second? Motion 22 elsewhere in the area, possibly on other private 23 on the second. Any discussion for open public hearing, 23 properties. So we appreciate that. 24 and ask if the applicant has heard and understood and 24 The other thing we had encouraged the City to 25 agrees to abide by the commissions should we so approve 25 look at maybe -- preparing this parking analysis quote [Page 61 [Page 81 1 them. Would the applicant or its representative please 1 of Lido Marina Village maybe as soon as possible. We 2 stand. 2 just feel there might be some parking issues down in 3 Floor and open public hearing on agenda item 3 that area that the City should be aware of. 4 31. 4 We feel there's going to be some additional 5 MR. KING: Counsel members, my name is Jerry King. 5 conditional use permit applications before the City. 6 I do represent the applicant. 6 The parking study would assist staff and the city 7 Yes, we actually welcome the additional 7 council in reviewing those conditional use permit 8 signage, and that was brought by the planning 8 applications to make sure that there is adequate 9 commission. We think that's a great idea to make this 9 parking in that area to serve the various commercial 10 thing function properly, and we're going to address 10 uses down there and the conditional use permits. 11 that item to the staff's approval. 11 MAYOR EDWARDS: Okay. 12 Ingress and egress on Central, I've discussed 12 COUNCIL MEMBER DEBAY: Mayor Edwards -- 13 that with staff or are you taking some measures to 13 COUNCIL MEMBER HEDGES: Just so you know, your 14 clear those driveways with the condition to add some 14 letter is also part of the record. 15 additional enforcement opportunities for the City? 15 MR. MARTIN: Okay. Thank you. 16 We -- in addition to the meeting that we've 16 COUNCIL MEMBER HEDGES: And one other aside. How 17 already had last Friday with the community and the 17 many partners are in Lido Partners? Everybody's a 18 neighbors, we've already discussed the potential 18 partner. 19 follow-up dates, so we're going to continue those 19 MR. MARTIN: I'm not sure. 20 discussions irrespective of the close of escrow 20 COUNCIL MEMBER HEDGES: Oh, okay. 21 (inaudible). 21 MR. MARTIN: Okay. Thank you. 22 We think there's some area wide issues that 22 COUNCIL MEMBER DEBAY: Question, Mayor. 23 need to continue to be discussed and clarified, and 23 MAYOR EDWARDS: Council Woman Debay. 24 we're already trying to schedule a meeting for when 24 COUNCIL MEMBER DEBAY: Mr. Martin. 25 both of the principals return to California from 25 MR. MARTIN: Yes, I'm sorry. PRECISE REPORTING SERVICE (949) 833-9099 Adukk Taken On June 22,1998 [Sheet 3, Page 91 [Page 111 MW 1 COUNCIL MEMBER DEBAY: When you say Lido Partners, 1 MAYOR PRO TEM O'NEIL: I sense that the -- based on 2 is that the Pavilions? 2 the motion that -- of the council member who called 3 MR. MARTIN: Yes. Yes, it is. 3 this issue up that -- that there is a willingness to 4 COUNCIL MEMBER DEBAY: Are you taking part in this 4 probably go ahead and approve the project. I believe 5 parking study as well? Because I understand that the 5 that the at least it was my intent in (inaudible) in 6 Pavilions Market and the Edwards theater both have 6 working to have this matter called up to provide the 7 waivers as well for their park. 7 catalyst for the property owners in the area to get 8 MR. MARTIN: I guess that would be at the direction 8 together and try to see if we could come up with some 9 of the city council what you'd like to do, but we had 9 kind of a comprehensive parking plan that may even lead 10 envisioned the City preparing the independent -- 10 to some kind of establishment of a parking authority. 11 possibly an independent traffic and parking study. 11 So I think that we've accomplished what we needed to 12 COUNCIL MEMBER DEBAY: Okay, but you would be 12 accomplish. 13 willing to take part. 13 I'm not sure that everybody disagrees with the 14 MR. MARTIN: I'm sure they would be if that was 14 public's perception that the redevelopment of the 15 requested. 15 Warehouse property is essential for the vitality of 16 COUNCIL MEMBER DEBAY: Okay. Thank you. 16 that general area, and I certainly think it should -- 17 MR. MARTIN: Uh-huh. 17 the project should allow to be open and go forward. 18 MAYOR EDWARDS: Thank you, Mr. Martin. 18 MAYOR EDWARDS: Okay. Thank you. 19 MR. MARTIN: Thank you. 19 MAYOR PRO TEM O'NEIL: If that will help in 20 MAYOR EDWARDS: Anyone else care to comment on this 20 eliminating some public debate. 21 agenda item? Those who wish to comment on this, try to 21 MAYOR EDWARDS: Any further comments in the public 22 come up to the front row, makes it go a little 22 care to comment at this time? I see none. Close 23 quiler. Thank you. 23 public hearing. 24 MS. MILGROM: Hi. My name is Harriett Milgrom, and 24 Bring -- bring it back after the (inaudible) 25 I work at Jacqueline's Boutique, which is a couple 25 to agenda item number 31. There is a motion and a [Page 101 [Page 121 1 doors away from the present restaurant location. We 1 second with the requesting modifications proposed by 2 beg you. That restaurant is an anchor. Our businesses 2 Council Member Hedges and approved and agreed to by the 3 have gone down. 3 applicant. Is there any opposition to the motion? 4 I did bring some letters that I gave to 4 Seeing none, go sell food. 5 somebody here for some of the stores that could not be 5 6 here tonight. 6 (END OF AUDIOTAPE RE: JP'S OF NEWPORT BEACH) 7 MAYOR EDWARDS: You beg us for what? 7 8 MS. MILGROM: Approval. 8 9 MAYOR EDWARDS: Okay. 9 10 MS. MILGROM: Parking -- the parking structure is 10 11 empty. I park there two, three days a week. That 11 12 structure is pretty much empty. As far as signage, 12 13 they've got the sign up on two-thirds of the building 13 14 that they -- free validation for parking in the parking 14 15 structure. 15 16 We have watched people that still continue to 16 17 go there. They don't realize it's closed. We need 17 18 that restaurant open. We beg you. 18 19 MAYOR EDWARDS: Okay. Mr. Mayor. Thank you very 19 20 much. 20 21 MS. MILGROM: Thank you. 21 22 MAYOR PRO TEM O'NEIL: Mr. Mayor Edwards. 22 23 MAYOR EDWARDS: Yes, your Honor. 23 24 MAYOR PRO TEM O'NEIL: Yes. 24 25 MAYOR EDWARDS: Mayor Pro Tem. 25 PRECISE REPORTING SERVICE (949) 833-9099 Taken On June 22,1998 [Sheet 4, Page 131 1 STATE OF CALIFORNIA ) 2 ) ss 3 COUNTY OF ORANGE ) 4 I, Deborah J. Blanchet, C.S.R. Number 7644, do 5 hereby declare: 6 7 that, said audio tape of proceedings were 8 taken down by me in shorthand and thereafter reduced to 9 typewriting under my direction. 10 11 I further declare that I have no interest in 12 the event of the action. 13 14 I declare under penalty of perJury under the 15 laws of the state of California that the foregoing is 16 true and correct to the best of my ability. 17 18 Witness my hand this 12th day of June, 2001. 19 20 C.S.R. NO. 7644 21 22 23 1 24 25 PRECISE REPORTING SERVICE (949) 833-9099 ' Taken On May 21,1998 Am [Sheet 1, Page 11 [Page 31 1 1 Just by way of clarification I would like to 2 2 note on the chart that the line for the Magic Island 3 3 Restaurant with a nighttime parking requirement 4 4 established by use permit of 189 does reflect our use 5 5 permit approval. 6 6 However, staff would like to point out that 7 7 that use permit has been revoked and cannot be 8 8 reinstated without application and approval by the 9 9 Planning Commission and/or city council. We included 10 TRANSCRIPTION OF AUDIOTAPE OF 10 that number just by way of information for the it CITY OF NEWPORT BEACH PLANNING COMMISSION 11 Commission. 12 RE: JP'S OF NEWPORT BEACH 12 In addition there was an alternative chart 13 Taken on May 21, 1998 13 passed out at the last Planning Commission meeting, and 14 14 at least one of the planning commissioners present was 15 15 not at the last meeting. So I'd like to provide a few 16 16 extra copies of that chart. 17 17 And in summary it does provide an alternate 18 18 approach to the parking analysis which would recognize 19 19 more of the area actually assessed as arcade space as 20 20 opposed to restaurant space. 21 21 And to give the audience an expla -- further 22 22 explanation of that approach, it would then recognize 23 23 the operation of the second floor as largely a gaming 24 24 area would lower the parking requirement and would 25 25 reduce the amount of the waiver. [Page 21 [Page 41 1 May 21, 1998 - Newport Beach 1 The reason why staff wishes to offer this as 2 2 an alternative for the Commission to consider in 3 CHAIRPERSON KRANZLEY: The next item on the agenda 3 addition to the original one in the original staff 4 is JP's of Newport Beach, Item No. Our chairman had 4 report is that should this particular business go out 5 asked us to wait for him to arrive, and I see he's just 5 of operation, and a subsequent user come in and wish to 6 arrived so, Paul, this is -- so we won't take a break. 6 -reinstate the full restaurant service on the second 7 This is a request to allow the 7 floor, the waiver would not be sufficient to sustain 8 re-establishment of existing Warehouse Restaurant as 8 that use and would by necessity require the application 9 JP's of Newport Beach, a new full service restaurant 9 for new use permit. 10 and entertainment facility. 10 And since this area has been at issue for some 11 The application includes alcoholic beverages it time, particularly as it relates to parking, we felt 12 service, outdoor patio dining, both indoor and outdoor 12 that that was a superior approach and would assure that 13 live musical entertainment, and indoor dancing. The 13 the Planning Commission would see this project again 14 application also includes a request to permit a variety 14 should it change hands and should its character and 15 of interactive and skill games and allow the use of 15 nature of operation once again change. 16 valet parking service. 16 I have a couple of additional pieces of 17 We are going to approve, modify, or deny use 17 information related to parking generally in the area. 18 permit number 3626, and with that I'll turn it over to 18 Commissioner Ridgeway did ask staff for a -- a number 19 our chairman. 19 on the City Hall parking lot which was not included in 20 CHAIRPERSON KRANZLEY: Pretty seemless, huh? Is 20 the chart. 21 there any additional report from staff? 21 The City hall parking lot has 121 parking 22 MS. TEMPLE: Mr. Chairman, in response to the 22 spaces in it. This includes parking along 32nd Street 23 questions asked by the Planning Commission at the last 23 as well as behind the main City Hall and in the front 24 meeting, staff has prepared an additional analysis of 24 grass area. 25 the Lido Village area parking inventory. 25 It should be noted, however, that every night PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 [Sheet 2, Page 51 [Page 71 1 there are a certain number of spaces which remain 1 allocated to 503 32nd Street. 2 occupied with city vehicles, and that does not account 2 COMMISSIONER RIDGEWAY: Okay. So the -- so that 3 for those spaces which remain occupied at night. 3 309 to Via Lido Plaza does include that -- that office 4 Additionally, there are night meetings from time to 4 space. 5 time such as your own which do take up spaces in the 5 MS. TEMPLE: Eight spaces, correct. 6 lot on a regular basis. 6 COMMISSIONER RIDGEWAY: Okay. Thank you. I don't 7 Additionally, on Sunday our lot is available 7 (inaudible). 8 for church -- church uses as well. We also have 8 CHAIRPERSON KRANZLEY: Commissioner Gifford. 9 additional information regarding the Via Lido Plaza. 9 COMMISSIONER GIFFORD: Patty, could you just 10 Based on our most recent parking striping plan there 10 clarify the chart that's on Page 3 of the staff report 11 were 309 parking spaces in that parking lot. 11 for me in terms of where the -- under Warehouse where 12 Should we assess the existing retail and 12 it says 266 waived in the day and 91 at night? Is that 13 office occupancy based on today's code requirements, 13 as things stand at the moment? 14 the project would require 327 parking spaces, and that 14 MS. TEMPLE: Correct. 15 would result in a deficit of 18. However, it should be 15 COMMISSIONER GIFFORD: Okay. And then so in total 16 noted that that deficit does not account for 13 spaces 16 where we have currently waived 403 park -- a total of 17 which have been granted credit by the city council as 17 403 parking spaces, the 289 for the day and the 114 at 18 part of the renovation of the supermarket into the 18 night, are they kind of overlapping? 19 current Pavilions market as well as an 11 space credit 19 MS. TEMPLE: They overlap. 20 granted when the property owner dedicated land to the 20 COMMISSIONER GIFFORD: Okay. So the maximum is 21 City for the widening of Newport Boulevard. 21 289. 22 Additionally, the City has waived through the 22 MS. TEMPLE: The City's original use permit for the 23 approval of a variance 228 parking spaces for the 23 Warehouse didn't establish a requirement for daytime 24 Edwards Cinema in that area, and that waiver was 24 parking. However, as has been noted in the analysis of 25 granted on the basis of offsetting peak hours of 25 both staff reports, there is an agreement between Via [Page 61 [Page 81 1 operation. 1 Lido -- excuse me, Lido Marina Village and the 2 That would conclude staff's comments. If you 2 Warehouse, which does give them authority to park in 3 have any questions, I'd be happy to -- 3 the structure during the day, and our new conditions 4 COMMISSIONER RIDGEWAY: Mr. Chairman. 4 reflect those agreements of 200 space during the day 5 CHAIRPERSON KRANZLEY: Commissioner Ridgeway. 5 and 175 at night. 6 COMMISSIONER RIDGEWAY: Patty, let's take the minor 6 COMMISSIONER GIFFORD: Thank you. 7 issues. Well, Thunderbird, Magic Island aka whatever, 7 SPEAKER: No, I have nothing. 8 what is currently in that location, as I understand 8 CHAIRPERSON KRANZLEY: Seeing then I will open up 9 it's being used for office; is that correct? 9 the public hearing. Is the applicant present? And 10 MS. TEMPLE: I believe the second floor has been 10 while Mr. King is stepping up, for the record I did 11 partially occupied with offices. I don't have an exact 11 listen to the tape, so -- 12 number on that. The whole of the ground floor is still 12 MR. KING: Good evening, Mr. Chairman, 13 vacant. 13 commissioners. My name is Jerry King. I am 14 COMMISSIONER RIDGEWAY: How many square feet is 14 representing the applicant. I'm happy to come back 15 that? 15 with the information staff provided to us. 16 MS. TEMPLE: I -- I don't know. 16 Clarification just on the Magic Island, the 17 COMMISSIONER RIDGEWAY: Okay. Second question or 17 upper floor has been converted to office space, and the 18 perhaps comment there is an office building adjacent to 18 approach that Lido Marina Village took following the 19 or it is between the church property and the market 19 problems that occurred there with the night closed was 20 property, and you don't reflect and you didn't state in 20 to change the whole venue, the whole operation, so 21 your statement that they do get credit for parking in 21 there was a movement to change that upper area into 22 the lot. I just want to repeat that for the record. 22 office space and to look for a different type of 23 They, I think, get four or five spaces allocated. 23 operation on the ground floor. 24 MS. TEMPLE: Actually, the base parking requirement 24 The Warehouse Restaurant took the same 25 for the shopping center includes the eight spaces 25 approach in that they didn't want -- they were never, PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 Am [Sheet 3, Page 91 [Page 111 1 you know, a problem. They've got an excellent police 1 So I think you'll see more of this. It has 2 report as you've seen in your record, that they wanted 2 been tested. It does work, and we've learned from 3 to change the whole operation and characteristic of 3 that. We have professionals who put the program 4 their restaurant, also. 4 together who have a great deal of experience in the. 5 (inaudible) before you tonight and what the 5 interactive game business and have worked very closely 6 staff has helped develop is basically a reduction in 6 with the staff to put together a program that we hope 7 the number of waiver. Currently the current restaurant 7 You'll find that's going to make a change in the 8 has a waiver of 90 spaces -- 91 spaces, and what's 8 characteristics of Lido Marina Village and add some 9 being proposed is a reduction of that number to 41 9 life to it and bring back the sales that it once 10 spaces, and we agree wholeheartedly with the proposal 10 enjoyed. 11 to try and make that structure work. it So I'd be happy to answer any questions that 12 If you've been over there on mother's day, of 12 you may have. 13 course with the Warehouse shut down, there were hardly 13 COMMISSIONER FULLER: Mr. Chairman. 14 any cars in the whole structure. I mean the whole 14 CHAIRPERSON KRANZLEY: Commissioner Fuller. 15 building suffered very badly because of the loss of 15 COMMISSIONER FULLER: Mr. King, on the Thunderbird 16 their major anchor tenant, and we're anxious to try and 16 or Magic Island -- 17 the operators of the restaurant are anxious to try and 17 MR. KING: Yes, sir. 18 get a plan under way that will sign the thing properly, 18 COMMISSIONER FULLER: -- you say the tops -- top 19 get people directed into the structure. 19 floor is office? 20 The restaurant Warehouse has always validated 20 MR. KING: That's correct. 21 its customers' parking, but now we're adding the valet 21 COMMISSIONER FULLER: And which -- do You have any 22 service as well as new signage and directionals that we 22 idea how big that is? 23 hope will -- will get people in there. 23 MR. KING: It's -- it's somewhere between 46 and -- 24 And it's the restaurant's hope quite frankly 24 I'd say about 4,600 square feet, may -- maybe as high 25 that once people utilize the structure, they're in it, 25 as 5,100 square feet. [Page 101 [Page 121 1 they've seen how it operates, that they'll cane back 1 COMMISSIONER FULLER: Okay. And then the 2 and continue to use it. Right now if you miss the 2 downstairs is vacant; is that correct? 3 turn, you're around the corner, Via Oporto, you 3 MR. KING: It's completely vacant, yes. 4 basically are lost. You don't know where to go or how 4 COMMISSIONER FULLER: And what -- do you have any 5 to get back, and so you just go around the block and 5 idea what the intent is for that space? 6 look for whatever space you can find. 6 MR. KING: I don't at this time. They've shown the 7 We think the signage will be a major 7 space to numerous people, Mr. Commissioner. They've -- 8 improvement in that regards, and we think the 8 they've talked to a gallery that wanted to come in and 9 validation for customers, once they've experienced the 9 cut windows and a couple retail people that wanted to 10 operation, the checks are validated, they've found a 10 reopen the window space that once was there. 11 good, safe place to park, that they'll cone back and 11 As you know, it's all solid block wall 12 continue to utilize that, and that will also take 12 currently, and they've had a structural engineer look 13 people off the street. 13 at it, and they do know that they can come back and cut 14 So we are 100 percent in agreement with the 14 windows in the wall and open that up so that they can 15 proposed additional conditions that are here as well as 15 have retail type operations. 16 those that were in the original staff report, and we 16 Red Robin looked at it at one time. They 17 look forward to working with the city traffic engineer 17 just -- their corporate office, they changed the 18 to work out some of the other problems that are there. 18 operation, moved back to Colorado, so they abandoned 19 This whole concept is -- is one that's 19 the site, but they were going to do the same thing is 20 emerging. David Luster's used it, Disney's used it, so 20 to open up all of the front end with as many windows as 21 it's not something that's brand new. Disney is 21 they could get in structurally. 22 proposing several new restaurants, and those that they 22 Almost everybody that's looked at it wants to 23 control including House of Blues, which they own a 23 do that. . They're looking very much for new retail. 24 majority of percentage of, so they're going to be 24 There's some people looking at the project to try and 25 changing to some of these kind of operations. 25 buy it, and I know -- I've talked to them, worked with PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 [Sheet 4, Page 131 [Page 151 1 them, and they are looking for new types of retail to 1 floor? 2 come in. 2 MS. TEMPLE: No. That was the total parking 3 COMMISSIONER FULLER: So all these uses are 3 requirement and post by use permit for the restaurant 4 non-restaurant uses. 4 when it occupied both floors. 5 MR. KING: That's correct. They've had about four 5 COMMISSIONER FULLER: So if that site were 6 restaurants look at it, but it, you know, it's a very 6 developed with retail uses or retail down, office up, 7 large kitchen that was part of the old Magic Island and 7 it would probably be fair to say this requirement would 8 all the subsequent operators, and they'd have to for 8 be less. 9 the most part redo it or they'd be buying too much 9 MS. TEMPLE: Substantially. 10 kitchen for the type of operations that they want, and 10 COMMISSIONER FULLER: Any idea how much? 11 some of the stuff is dated -- dated equipment, so there 11 MS. TEMPLE: Well, if we use 7,000 and 4,000, 12 hasn't been anyone looking at it that has seriously 12 that's 11,000. 13 considered a restaurant use, and the operators are 13 COMMISSIONER FULLER: You got 4,000. Part of it's 14 quite frankly likely to bring some more retail in and 14 office and part of it's retail. 15 balance it out. 15 MS. TEMPLE: They park the same ratio. That's 44. 16 They have talked about moving the gallery in 16 COMMISSIONER FULLER: 44 from 189, so that's a 17 to part of the space and using that 1,300 square feet 17 reduction of 145; is that right? 18 for a small boutique little restaurant. There's 18 MS. TEMPLE: Yes, sir. 19 someone in town here currently that has a restaurant 19 COMMISSIONER FULLER: Thank you. 20 that would like to move in there. 20 CHAIRPERSON KRANZLEY: Commissioner Ridgeway? 21 COMMISSIONER FULLER: Is the downstairs similar in 21 COMMISSIONER RIDGEWAY: Yeah. I'd Just make a 22 size to the upstairs? 22 comment that if the 7,000 square feet were restaurant 23 MR. KING: No. It's larger, quite a bit larger. 23 even, and it were 50 percent net public area, which 24 If you took out the whole kitchen area, You could -- 24 probably would be high, it (inaudible) 89 spaces, so 25 you could create quite a sizable space. I don't want 25 you have 89 plus the office use, you're still [Page 141 [Page 161 1 to say it's in ex -- it's probably 7,000 square feet 1 substantially less than the 1891 depending how much you 2 maybe. 2 used for that space. 3 SPEAKER: On the downstairs (inaudible)? 3 I would make the comment that it is not 4 COMMISSIONER FULLER: What was that? How many? 4 inconceivable that that could be a restaurant. I -- 5 How many roughly? 5 Mr. King says that the restaurants have abandoned it, 6 MR. KING: It's got somewhere between six and 7,000 6 but I think having Just come back from ICSC in Las 7 square feet maybe on the higher side if you gutted 7 Vegas, the restaurants are clearly back out there 8 everything and took -- took kitchen equipment out and 8 cheering. 9 turned -- at one time it was all retail, and there was 9 I don't think it's inconceivable that that 10 a hall down the middle of it, and it served the retail 10 could be some type of theme restaurant, but nonetheless 11 (inaudible) off the hall. 11 it's still at this point because the office space has a 12 COMMISSIONER FULLER: Okay. Thank you. 12 net credit. 13 CHAIRPERSON KRANZLEY: I certainly would like to 13 CHAIRPERSON KRANZLEY: Any other questions of 14 continue that. It's -- if I remember correctly, it's 14 Mr. King? Thank you, Mr. King. Anyone else wishing to 15 one space for 250 on retail? 15 testify, please step forward. 16 MS. TEMPLE: Correct, 16 MS. TEMPLE: Mr. Chairman, if I may, I apologize. 17 CHAIRPERSON KRANZLEY: So that would be a 17 There were two additional alterations to conditions I 18 requirement the entire space was used for retail. I 18 wanted to suggest. 19 calculated maybe 28 spaces. 19 On the original list of conditions in the 20 COMMISSIONER FULLER: Can I ask one more question 20 first staff report there were two changes discussed by 21 for staff? 21 the Commission at the last meeting which seemed minor, 22 CHAIRPERSON KRANZLEY: Commissioner Fuller. 22 and that one would be changed to condition number 3 to 23 COMMISSIONER FULLER: Patty, is the 189 that we 23 add the valley parking service and use of parking 24 show in the inventory for the Magic Island or 24 structure be provided at no charge to the patrons and 25 Thunderbird, does that include office use on the second 25 employees of the restaurant. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 Is [Sheet 51 Page 171 ow [Page 191 MW 1 And condition number 16, that all employees 1 City of Newport Beach or area merchants. 2 shall park in the parking structure or at the 32nd 2 We have fliers whereby patrons of Lido Marina 3 Street Parking lot. And those were minor ones 3 Village are encouraging their guests to park in Via 4 requested by the Commission which I neglected to 4 Lido Plaza parking lot. The management at Via Lido 5 include in my comment. 5 Plaza provides passive security for their tenants, but 6 CHAIRPERSON KRANZLEY: Commissioner Ridgeway. 6 it's too costly to monitor on a full-time basis. 7 COMMISSIONER RIDGEWAY: Patty, I just have a 7 There are approximately 120 boats parked in 8 question. This is to satisfy my memory more than 8 the 85 slips at Lido Marina Village. The formula used 9 anything. The 32nd Street Parking lot I said had 61 9 by staff is one space for 75 percent of slips. Using 10 spaces. I'm going to still stand by that, but the Via 10 actual boat count, you need 26 additional parking 11 Lido Marina only owns 48 in there. Is that what it 11 spaces. 12 is? Because I know there's more spaces. 12 We are also extremely concerned as to how JP's 13 MS. TEMPLE: Yes, there's more than one ownership 13 is planning to overcome the objection of visitors to 14 in that lot. 14 use the parking structure, and requests that you the 15 COMMISSIONER RIDGEWAY: Yeah. Yeah. If my memory 15 Planning Commission and the public be allowed to review 16 serves me, it was 61. Thank you. 16 this plan prior to any approval as it is an (inaudible) 17 SPEAKER: Mr. Chairman, we have no objection to 17 part of JP's request. In this regard we call your 18 that (inaudible). 18 attention to past problems monitoring and enforcing 19 CHAIRPERSON KRANZLEY: (inaudible) change, okay. 19 Lido Marina Village CUP's. 20 MS. DOSSEY: Good evening, chairmen, commissioners, 20 While we are also supportive of staff's 21 staff. My name is Marcia Dossey, and I represent Via 21 recommendations that JP's provide directional signage 22 Lido Plaza merchants and management. 22 program for the structure subject to the approval of 23 While my clients are pleased that a new 23 planning and traffic department, we do not feel that 24 business is going to be added to the Lido Marina 24 the Planning Commission should approve any parking 25 Village, they have concerns that the unacceptable 25 additions without the opportunity to review this plan. [Page 181 [Page 201 1 conditions that existed previously will continue. 1 The review of the signage plan should be 2 Lido Marina Village has parking waivers which 2 reviewed in conjunction with the evaluation of a 3 have become detrimental to my clients. The conditions 3 comprehensive parking plan by the Lido Marina Village 4 that now exist, including the impractical remote 4 ownership that doesn't pass the cost and burden on to 5 parking lot at 32nd Street, by today's criteria would 5 their neighbors. 6 not even receive reprove -- approval. 6 Staff has now recommended a waiver of 41 7 The majority of visitors to Lido Marina have 7 parking spaces. While this requires JP's to provide 8 not in the past used the structure, and it is 8 parking for the majority of their patrons, this still 9 well-known that the parking structure has had many 9 requires 45 vehicles to seek parking elsewhere. 10 problems. The remote lot on 32nd Street is very 10 The City has an excellent opportunity now to 11 inconvenient. 11 address the longstanding deficiency at Lido Marina 12 Visitors seek street level parking even as far 12 Village and surrounding areas. By having the ownership 13 away as City Hall and take away the parking of other 13 of Lido Marina Village provide a comprehensive parking 14 merchants in the area who either pay for parking 14 plan inclusive of all their tenants, we feel the CUP'S 15 directly or inclusive in their rent. These merchants 15 In any condition should fall directly on Lido Marina 16 not only receive complaints from their clients, but 16 Village and not the individual tenants providing a net 17 loss of business that can directly be correlated to the 17 affect. 18 lack of available parking caused by patrons to Lido 18 We encourage the Planning Commission and staff 19 Marina Village parking outside Lido Marina Village and 19 to mitigate the parking issues now as opposed to 20 walking to their destination in Lido Marina Village. 20 providing any waiver to any user at this time. 21 Currently Lido Marina Village lacks 21 CHAIRPERSON KRANZLEY: I actually have a question 22 attractions to make it an entertainment or end 22 for you. 23 destination point. The majority of (inaudible) 23 MS. DOSSEY: Uh-huh. 24 visitors stroll through the area and provide little, if 24 CHAIRPERSON KRANZLEY: How many businesses do you 25 any, economic value to the City -- advantage to the 25 have in -- in the -- Lido Marina Village. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 (Sheet 6, Page 211 [Page 23l 1 MS. DOSSEY: I do not say per se the total 1 COMMISSIONER RIDGEWAY: They are not. 2 (inaudible). 2 MS. DOSSEY: No. 3 CHAIRPERSON KRANZLEY: Now, are you aware that 18 3 COMMISSIONER RIDGEWAY: Okay. Well, I'll make a 4 of them had signed a petition in favor of the 4 public comment. I think that's an error. I will say 5 application? 5 that. 6 MS. DOSSEY: No, I'm not. The Pe -- the pages I 6 Now, however, when JP's or the Warehouse is 7 have signed by the tenants in there are actually 7 open, I can tell you I don't pick up my cleaning. I 8 against -- against them, and I didn't bring those with 8 just want to make that comment. And I'm trying to, you 9 me. I didn't think I needed them, because I thought 9 know, I shop there. That's where we shop, my family 10 they were previously supplied. 10 and I. 11 COMMISSIONER RIDGEWAY: Mr. Chairman. 11 MS. DOSSEY: So you don't pick up Your cleaning on 12 CHAIRPERSON KRANZLEY: Commission Ridgeway. 12 the weekends? 13 COMMISSIONER RIDGEWAY: Yeah. Marcia's 13 COMMISSIONER RIDGEWAY: And -- actually, I do. 14 representing Via Lido Plaza, and she has a number of 14 It's not bad, but I appreciate your comments about 15 letters in opposition, but I do have a question if you 15 wanting a comprehensive parking plan. 16 don't mind, Mr. Chairman. 16 The -- and -- well, I'll leave this for after 17 CHAIRPERSON KRANZLEY: Okay. Yeah, please. 17 we close the hearing. Can you tell me about your 18 COMMISSIONER RIDGEWAY: Marcia, the -- I think we 18 passive security? What does -- I know you have back-up 19 all recognize certainly in the past there has been an 19 security when the boat show's on, but what does passive 20 impact. My -- my one question I have, if you're at Via 20 security mean? 21 Lido Plaza, the impact is that daytime or nighttime, 21 MS. DOSSEY: They do have personnel that do walk 22 can You give me a percentage of the impact? 22 through the parking lot, but they don't have them on 24 23 MS. DOSSEY: Well, it depends. I mean I can tell 23 hours. And what they will do is if they find a car 24 you again the boat parade during the boat shows, they 24 that they recognize repeatedly, they'll eventually put 25 will park there and they will walk across. I can tell 25 a notice on the car, and if it -- they can -- it [Page 221 [Page 241 1 that you Thursday, Friday, Saturday, when Warehouse was 1 continues to park there, they will have it towed. 2 in existence, it was tremendously detrimental to the -- 2 But they try not to do that. Just try to keep 3 the theater and the patrons that were shopping. 3 an eye out, and It's not even an efficient monitoring 4 The lunchtime crowd, it depends upon the day. 4 system. It's more of a person recognizing a vehicle 5 Certainly on the weekends you have a lot of residents. 5 being in the some area more than once, and probably 6 It's a resident serving plaza, so the residents are 6 watching after they see it for a while and then 7 going to be doing their shopping and their errands, and 7 identifying if that person is actually coming from the 8 it is difficult to find parking spaces to pick up your 8 shopping center or from a surrounding area, but it's -- 9 dry cleaning when you've got visitors to the area 9 I can tell you it's only ten percent effective. 10 parking over and walking across the street because they 10 COMMISSIONER RIDGEWAY: Okay. it refuse to use the structure. 11 MS. DOSSEY: We've already discussed that. 12 COMMISSIONER RIDGEWAY: I want to paraphrase you. 12 COMMISSIONER RIDGEWAY: I have a question of staff, 13 You have to bear with me here. 13 Mr. Chairman, if you don't mind. When the boat shows 14 MS. DOSSEY: That's fine. 14 are put on, do they have to have a separate special use 15 COMMISSIONER RIDGEWAY: You said the Warehouse at 15 permit; do you know? 16 nighttime created -- and the boat shows created the 16 MS. TEMPLE: The boat show would require a special 17 problems, and I certainly -- I know the boat shows do. 17 event permit. They also require special permits to the 18 MS. DOSSEY: At times. At those times. 18 marine department, and I believe on a consistent basis 19 COMMISSIONER RIDGEWAY: I -- I don't -- 19 they are required to provide off-site parking and 20 MS. DOSSEY: It's intensified. 20 shuttle opportunities in association with those 21 COMMISSIONER RIDGEWAY: Okay. It's intensified. I 21 permits. 22 guess the first -- I do have a question. Are the boat 22 COMMISSIONER RIDGEWAY: Can -- can one of those -- 23 shows required to pay for your security when the boat 23 can we put -- can a special event permit have 24 shows are on? 24 conditions attached to it besides additional parking? 25 MS. DOSSEY: No. 25 MS. TEMPLE: Yes. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 [Sheet 7, Page 253 [Page 271 MW 1 COMMISSIONER RIDGEWAY: Can one of those conditions 1 that plan proposing this now, it's a great opportunity 2 be that they pay for the security at Via Lido Plaza? 2 to come up with a comprehensive plan and make the 3 MS. TEMPLE: The City manager issues the permit, so 3 ownership responsible, not share individual talents, 4 the conditions are put on the permit through the -- I 4 but let's say the new ownership has JP's as one. It 5 believe it's the community services department are 5 becomes an end destination point, and then we have 6 directed by the city manager to issue permits. 6 other retails that begin, and it stimulates again down 7 City managers will then make the decision on 7 here, and we've gat a great end destination point and a 8 those types of questions. So if there was a 8 good economy, what happens then when these people, 9 recommendation to require them to poy, it would have to 9 visitors, patrons, possibly still refuse to use the 10 be a decision by the city manager's office to do that. 10 parking structure? We haven't really mitigated that 11 COMMISSIONER RIDGEWAY: But I mean do you have the 11 problem. We still are back to scratch one, and they're 12 authority to do that? 12 floating around everywhere else trying to find 13 MS. TEMPLE: There is provision in the special 13 parking. Don't you think it's more appropriate at this 14 events in the ordinance that allows for conditions to 14 time to come up with a comprehensive plan? 15 be put on it to deal with traffic and parking. So 1 15 COMMISSIONER RIDGEWAY: Well, Mr. Chairman? 16 would think he might -- might have the authority to do 16 CHAIRPERSON KRANZLEY: Commissioner Ridgeway. 17 it. I don't know if that would be something he'd want 17 COMMISSIONER RIDGEWAY: This is for public 18 to do, depending upon -- because of the impact of the 18 discussion or for discussion, but I'm going to make the 19 boat parade all over the City. 19 comment. The report states that there is valet parking 20 COMMISSIONER RIDGEWAY; The boat show? 20 and it's free valet parking, and that is something that 21 MS. TEMPLE: Uh-huh. I mean the boat show all over 21 did not occur in the past -- 22 the -- 22 MS. DOSSEY: Right. 23 COMMISSIONER RIDGEWAY: And you're also saying the 23 COMMISSIONER RIDGEWAY: -- for all the uses that 24 boat parade I think, the Christmas boat parade? 24 were in there. I'm satisfied as a commissioner here 25 MS. DOSSEY: Yes, but I mean I'm not at liberty to 25 tonight that that mitigates substantially the very [Page 261 [Page 281 1 say because I know their feelings that they would even 1 problem that you're addressing. Substantially. 2 be acceptable to taking a charge for those patrons of 2 MS. DOSSEY: If the people use it. 3 Lido Marina Village. 3 COMMISSIONER RIDGEWAY: 4 COMMISSIONER RIDGEWAY: No. No. No. I'm 4 SPEAKER: That was the free valet parking. It's 5 suggesting that Via Marina Village pay for your 5 free parking. 6 security. 6 COMMISSIONER RIDGEWAY: It's free parking and free 7 MS. DOSSEY: Oh. 7 valet parking, and I -- and I like that concept. I can 8 COMMISSIONER RIDGEWAY: This is the exact opposite. 8 drive up and I don't -- you know, I know I'll give this 9 MS. DOSSEY: Right. 9 guy a tip and he'll take my car into that structure. 10 COMMISSIONER RIDGEWAY: I'm saying that -- 10 Personally, I Just want to make a comment. That shows 11 MS. DOSSEY: I see what you're saying. 11 a long way toward the very issue you're discussing, 12 COMMISSIONER RIDGEWAY: -- your security guard be 12 something that did not exist in this area before. 13 paid for by Via Marina Village, and if that has not 13 MS. DOSSEY: Agreed. 14 been a condition in the past, and I'm seeing heads 14 COMMISSIONER RIDGEWAY: And before we're finished 15 saying no, that in my opinion is an error, because I, 15 tonight, I mean I think we need to hear more testimony, 16 again, have been on public boots in Via Marina Village, 16 I think we can satisfy all of your concerns, but I'm 17 and I have -- and I am always a patron of the boat 17 trying to hear some of the operational characteristics 18 show, and I do know that Via Lido -- Via Lido Plaza 18 which can delay the -- the -- the -- where you guys 19 suffers, that there is no doubt that they suffer, and 19 have to defend yourselves is -- 20 the only reason they have a security guard or multiple 20 MS. DOSSEY: Well, we don't want to. We want to be 21 security guards, usually two, is because of the events 21 good neighbors. You know, I mean we are encouraging 22 that are there. 22 business to come down here, but when you have the, you 23 MS. DOSSEY: May I suggest something? 23 know, the issue of the parking and pre-parking in a 24 COMMISSIONER RIDGEWAY: Yes. 24 place that Central Avenue needs to be opened up, a 25 MS. DOSSEY: Let's say that the new ownership in 25 whole traffic plan needs to be provided, and I think PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21, 1998 + [Sheet 8, Page 291 (Page 311 MW 1 you need to review that as well as the public. 1 to participate In my own way as somebody who is over 2 CHAIRPERSON KRANZLEY: Thank you very much. Are 2 there and loves every minute of being there because 3 there any questions of the speaker? 3 it's a beautiful place, and I don't think anything like 4 SPEAKER: No. 4 it exists. 5 CHAIRPERSON KRANZLEY: Thank you. Anyone else 5 Last but not least many of these people that 6 wishing to testify, please step forward, state your 6 come to the Warehouse do not go and choose another 7 name and address for the record. 7 restaurant. They simply leave, and that's pretty sad, 8 MS. LEAHY: Britt Leahy, and it's 4 Latitude Court, 8 too. They Just drive away. 9 Newport Beach, and I have a shopping -- I have a dress 9 And I guess basically what I Just wanted to 10 shop right next door to the Warehouse Restaurant, past 10 say is that I'm the one that did the petition and feel 11 Warehouse Restaurant. I predicated my move based on 11 very badly about this and would love to see something 12 the Warehouse Restaurant. This was a year ago 12 get resolved as soon as possible. 13 March 15th that I moved over there. 13 So everyone I speak for tonight is over there, 14 Obviously, I assumed a lot more rent as a 14 and we do have a beautiful place. It's gorgeous over 15 result of moving over, and as a result I also assumed a 15 there. Nothing's like it in Newport Beach. It's Just 16 lot more business because the Warehouse was up and 16 so sad to see our anchor tenant down like this and it 17 running. 17 be the tumbleweeds blowing through that place even on 18 Some of the notes that I have written tonight 18 weekends. 19 is where in Newport Beach can any of us go and have a 19 I thank you. 20 beautiful shopping area, eating area on the water? I 20 CHAIRPERSON KRANZLEY: Any questions of the 21 mean if You think about it, it doesn't exist. 21 speaker? Thank you very much. Anyone else wishing to 22 I'm the one that wrote the petition. I'm the 22 speak to this agenda item, please step forward. 23 one that had the people sign it. I feel very strongly 23 MR. LEAHY: Commissioners, I'm Dennis Leahy, 24 that we need to move this on. We need to get something 24 4 Latitude Court, Yes, I live with her, but I don't 25 resolved. Fifty percent of our business, 50 percent of 25 work for the restaurant. She won't let me in -- I mean [Page 301 (Page 321 1 our business has suffered. 50 percent at least, some 1 work with the dress shop. She won't let me in. She 2 more, some less. I'm working a lot harder I know that 2 doesn't have my size in clothes, you know. 3 as a result of the Warehouse being closed. They are 3 This is the first time I've been here, but it 4 the major anchor. 4 appears the question before you really comes down to 5 The weekends before this resulted was packed. 5 can one restaurant reopen its doors under a different 6 I would have to park third or fourth level. Now I can 6 name or whatever? It's been there a long time. It's 7 park anywhere I want any time of the week. It doesn't 7 been a very, very good tenant. It's put on a lot of 8 matter. It is -- there's no one there. Literally no 8 good banquets there, and it hurts our business. 9 one. 9 This is real money, and people have been let 10 I pay more rent now and I pay for less 10 go and put off, had to find new Jobs because of the 11 traffic. The Warehouse had many banquets, parties, 11 delay in getting the restaurant reopened. I maybe 12 birthdays. It brought extraordinary amounts of people 12 sound emotional, but I've talked to some of the folks 13 down that perhaps didn't even know we existed. It was 13 who are having trouble, you know, making ends meet. 14 a great advertisement for people that maybe never had 14 I heard that the previous speaker say that I 15 been down here before. I mean I heard it personally. 15 think her words were that no business comes in from 16 I'm constantly being asked because I'm right 16 Lida Marina Village. People just stroll around and 17 next door. For those who come and-find it's closed, 17 don't spend money. I take hearty exception to that. 18 it's very heart wrenching because some of these people 18 We pay our sales taxes, and a lot of sales tax 19 are coming up and being dropped off. They're perhaps 19 I think dribbles through here, so I do take exception 20 wheelchair bound, they're disabled in some way, and 20 to that. 21 then the cars are scooting off to park, and suddenly 21 The other thing appears that someone is 22 they realize they are closed. 22 interested in hurting the business in Lido Marina 23 Some come over to me and ask, "What 23 Village. I Just hear this Just to bring up so many 24 happened?" I wish I had an answer. That's why I'm 24 objections having new study, new study plan, or do 25 here tonight, to see what we can do. I'm Just trying 25 this. I've been involved in government in other PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21, 1998 Ah [Sheet 9. Page 33l (Page 351 1 cities, and I know that goes on for three or four 1 that it's totally separate from the merchants that are 2 months, and that in itself will destroy the Village or 2 there day-to-day, and it should be addressed. 3 destroy our shop if a decision is not made one way or 3 The security I've experienced since the last 4 another so we can get an with -- about our lives, and, 4 testimony. I've sat there and watched it through the 5 you know, we will have to move I think if we can't get 5 weekend, watched what happens, and they are pretty 6 this shop reopened. 6 passive next door. They -- they tow a lot and they 7 On the other hand, I've been very, very active 7 chalk the tires and they time it. If the car's there 8 in the American Legion, and we have experienced parking 8 for an excessive amount of time, they'll note it. If 9 problems. I think you're well aware of it. People 9 there are repeat offenders, people that they recognize, 10 come and park at the American Legion lot, spend the 10 I'm sure they could tow it if they wanted to, but -- 11 whole time at the beach. 11 now there's no mention of the testimony in the last 12 And we try to be very, very good neighbors as 12 hearing or the mention of this hearing that, you know, 13 Marcia talked about being a good neighbor, So finally 13 our neighbor has over 200 waived spaces, and they never 14 we stopped being a good neighbor and we put up signs 14 mention that. They always complain about everybody 15 that said we're going to tow you, and (inaudible) you 15 else that's around them. 16 can't do that, you can't do that. 16 Right now the Warehouse Restaurant can do all 17 We've towed about ten cars. And guess what? 17 of the things that are in here. They -- they have live 18 We don't have control of our lot. So I'm suggesting if 18 entertainment. They have dancing. They have a liquor 19 someone has a private parking lot and they can't 19 license. They have the game permit. They have all 20 control it, there's a very -- the ordinances are very, 20 those things. They can do all those. 21 very clear. You tow for about three or four weeks, 21 We think that what you're doing or what you 22 believe me, that lot will be open. 22 have an opportunity to do tonight is to -- to address 23 1 That's the only words I have. Thank you. 23 the major issue, that's parking. And you have a 24 CHAIRPERSON KRANZLEY: Any questions of the 24 compliant applicant who's saying that they're willing 25 speaker? Thank you. 25 to do all of the things that the staff has identified [Page 341 [Page 361 1 MR. LEAHY: Thank you. 1 and is willing to take on; that they're going to do the 2 CHAIRPERSON KRANZLEY: Anyone else wishing to speak 2 extra amount. They're going to sign it. 3 to this agenda item? 3 It's never been properly signed. It's never 4 MR. KING: Yes, Mr. Chairman. Thank you. Jerry 4 been properly directed. It's never been valet park. 5 King again. I'll be very brief. 5 It's never been, you know, all of those things, 6 I too just wanted to note an exception to the 6 The operators of this restaurant are willing 7 economics of Lido Marina Village. The sales, the boat 7 to take that on. As a matter of fact, they eagerly 8 retailers, the sales of boats alone and the taxes that 8 want to take it on because they think it's going to 9 come from that alone is substantial. There is some 9 help the business. And that's been the major problem. 10 significant successful restaurants that have been there 10 All the other things that they do, they've 11 for years as well as retailers who have been there for 11 been doing, and now there's a chance to correct the one 12 years. 12 remaining problem, and we'd like a chance to do that. 13 The boat shows are a completely separate 13 We'd like your support to help us make that happen. 14 venue. I mean we make the docks available to the boat 14 CHAIRPERSON KRANZLEY: Thank you. Anyone else 15 salespeople in the village, those retailers, and a 15 wishing to speak to this agenda item? See, now I'm 16 private party comes in and under a special permit puts 16 going to close the public testimony and bring it back 17 on the boat show. It's a local person you all know, 17 to Commission. 18 and we allow them to use and actually tow In their own 18 COMMISSIONER ADAMS: Mr. Chairman. 19 pier sections to tie up boats to, and we clear some of 19 CHAIRPERSON KRANZLEY: Commissioner Adams. 20 the slips that are available to the boat sales tenants 20 COMMISSIONER ADAMS: Yeah. I -- Mr. King I think 21 that we have. 21 brings up -- brought up a good point that I was going 22 That's totally licensed separately, and if you 22 to bring up. I guess these comments I've heard from 23 were going to charge them for security or something, if 23 Via Lido Plaza both the last hearing from the 24 that's an impact to the neighbors, that should be 24 representative of Rick Duda and tonight from Ms. Dossey 25 addressed in that permit, as Mr. Ridgeway has so noted, ii 25 really kind of ring hollow to me. I just don't PRECISE REPORTING SERVICE (949) 833-9099 [Sheet 10, Page 371 Taken On May 21,1998�— (Pa9e 391Am NW 1 understand it. 1 the infrequent user knows where they can park, and 2 You know, Via Lido Plaza enjoys a huge 2 knows where they can park for free if they're going to 3 supermarket anchor. They've got more waived parking 3 certain businesses. 4 spaces I think than Via Lido Plaza, and -- and have 4 The other thing that I think Ms. Dossey 5 a -- and have a parking problem themselves. 5 didn't -- didn't comment on, which is very significant 6 And for them to try to hold up this, you know, 6 here, are the changes to the old Magic Island 7 saving of Via Lido Village, their neighbor, with what I 7 building. The fact that that use permit has been 8 think is a well mitigated plan, I just don't for the 8 revoked is very important to this decision. A 9 life of me, I don't get it. And to come here tonight 9 restaurant cannot go back in that site without a 10 and pretty much ignore all the -- all this mitigation 10 permit; is that correct? 11 that's been brought forth really is disheartening to 11 MS. DOSSEY: At minimum a use permit approved by 12 me. 12 the Planning Commission. 13 You know, what is a con -- a comprehensive 13 COMMISSIONER ADAMS: Right. And so if a restaurant 14 plan was asked for. I mean a comprehensive plan is not 14 comes to us, we -- we may have -- we can look carefully 15 going to create new parking spaces in Newport 15 at any restaurant that would come into that site, and I 16 Beach. And whatever the results of the parking plan 16 can guarantee you at least as long as I'm on this 17 for this area are, we -- we can never put all of the -- 17 Commission that a situation like we had before where we 18 all the recommendations of that plan could not be 18 had these two huge traffic parking generators right 19 imposed on this applicant. 19 opposite each other is not going to happen. 20 So for the life of me I don't understand why 20 And it appears there's some likelihood that 21 we would want to hold up this project for a 21 we're -- that a lot of that space is going to get used 22 comprehensive plan that there is. Maybe one's needed, 22 by a much lower -- a land use that has a lot lower 23 maybe one's not, but certainly this is not the time, 23 parking demand; i.e., office (inaudible) that's going 24 it's not the time to hold up a project that's needed 24 on upstairs. And that really reduces the net effect of 25 for the economics of this area just so a little war 25 the waivers that we're talking tonight. (Page 381 (Page 401 1 that's going on between two shopping center owners can 1 I think -- I think this is a good plan. I 2 be escalated. I mean it just -- just doesn't make 2 think it's going to significantly help the problems 3 sense. 3 that have been -- that have been seen there in the 4 Now, I think to -- Via Lido Plaza, the 4 past, and I think we need to do something to save that 5 management, needs to understand that first it's not 5 little shopping village. I mean I went there last 6 only free valet parking, but it is parking that's going 6 Friday night, and I -- I -- my jaw dropped. I mean 7 to be validated if you self park. 7 it -- there wasn't one person, one car, there wasn't 8 I -- I am hoping that the City and the 8 even a mouse running across the street. It was dead. 9 applicant can work out an effective signing plan. I 9 And that's a real shame. And I think we need 10 don't think we need to see that plan or to have them 10 to do something here. 11 come back. I have faith in -- in city staff that 11 CHAIRPERSON KRANZLEY: Commissioner Gifford. 12 something can be worked out. 12 COMMISSIONER GIFFORD: I'd just like to comment 13 One thing I would like -- I mean there's a 13 that I think that these conditions will be very useful 14 huge garage wall that faces Newport Boulevard that, you 14 in -- in the event that this is approved in helping the 15 know, that can be used for some really effective 15 parking situation, but I do think that perhaps the 16 signing, and I don't know what sign -- size limitations 16 various center owners, you know, sometimes we can get a 17 would be imposed on that, but, you know, we have the 17 little insular and should recognize that the people who 18 ability to put a striking sign on the side of that 18 live in the immediate area know where they can park for 19 brick wall that can be seen when you come in to the 19 which use and where they're -- they can't. 20 area. 20 But as you've heard in two meetings now even 21 And, you know, if there's one sign that maybe 21 the planning commissioners get Via Lido Plaza and -- 22 could violate the sign code, you know, that might be 22 and what is this? 23 the one where, when you come into this area, you're 23 SPEAKER: Via Lido Village. 24 just drawn to a parking and it says validated parking, 24 COMMISSIONER GIFFORD: Via Lido Village, Lido 25 you know, or something of that effect where, you know, 25 Village mixed up, and I don't think the signs -- PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 [Sheet 11, Page 411 (Page 431 1 certainly Via Lido Plaza all refer to parking only for 1 that got them on Balboa Boulevard, but a better signage 2 customers at Via Lido Plaza. They don't say which 2 in there. 3 businesses. 3 And likewise Marino Village needs to do some 4 And the some thing with Lido Marina Village, 4 adequate signage in there, and I think a lot of these 5 and people don't know -- I mean it all looks like one 5 problems will go away. I think this by the way is a 6 thing. People don't know what little piece of ground 6 good use -- I see it as a responsible owner, and I -- I 7 is named what. So I think there needs to be some 7 want to -- I will make a motion for approval of use 8 effort to help people with something that they can 8 permit 3626. 9 relate to a little better than the name of a, you know, 9 However, I'm -- I will be pursuant to the 10 a piece of a property. 10 added condition or the modified condition number 2, 3, 11 I hope that your dress shop will benefit from 11 24, 29, and 30 presented to us tonight and number 16 12 any increased traffic. I noted last week that the 12 requiring the -- the employees to park in the 32nd 13 studies show that the clientele for this type of 13 Street Parking lot. 14 restaurant is 60 percent male age 30 years old, so I'm 14 I think that covers the issues, and I think 15 not sure, maybe, you know, they might be buying 15 that protects at least -- 16 dresses, but -- 16 COMMISSIONER GIFFORD: Number 3 (inaudible). 17 SPEAKER: They're cross dressers. 17 COMMISSIONER RIDGEWAY: Number -- 18 COMMISSIONER GIFFORD: Yeah. (inaudible) for your 18 COMMISSIONER GIFFORD: Old number 3. 19 sake. Thank you. 19 COMMISSIONER RIDGEWAY: Old number 3. I'm sorry. 20 CHAIRPERSON KRANZLEY: Commissioner Ridgeway. 20 Five -- I said there's a new number 3. 21 COMMISSIONER RIDGEWAY: I'm not going to repeat 21 COMMISSIONER GIFFORD: Oh, okay. Sorry. 22 what Commissioner Adams really said was right on. I'm 22 COMMISSIONER RIDGEWAY: I said 24 31 24, 291 and 30 23 going to make a comment though a little bit different. 23 as presented tonight in the new staff report. 24 I feel like we as the Commission are being 24 SPEAKER: The old 16, 25 asked to have the wisdom of Solomon. I feel like we're 25 COMMISSIONER RIDGEWAY: And -- well, the old 16 was [Page 421 [Page 441 1 put into the Hatfields and the McCoys, and in my 1 changed to state -- and let me say how I wrote it and, 2 opinion this plan goes a long way toward ameliorating 2 Patty, you correct me, we all -- that all plays part in 3 the problems between what appears to be enemies who 3 the 32nd Street lot, period, in the parking structure. 4 shouldn't be, who should be friends, who should be 4 MS. TEMPLE: The -- the intention was to allow 5 feeding off each other, who -- you know, and it's 5 the -- to allow the employees to park in either 6 interesting to me that they don't. 6 location with the other condition that if they are 7 And apparently -- and I do understand the 7 parking in the parking structure, that is free at no 8 issue of Via Lido Plaza suffering from the boat show 8 charge as well. That would have to accommodate the 9 and the parade, but You can't tell me those people 9 arrangements that are currently being arranged between 10 don't help their shopping. You can't tell me that they 10 the various owners there. 11 don't. 11 COMMISSIONER RIDGEWAY: I'll modify number 16 to 12 1 did make a comment earlier, and I'll stand 12 say either or in the parking structure or 32nd Street 13 by that that I think the -- the payment of a -- a 13 lot and shall be free parking for -- period. 14 parking guard should be considered in the permit 14 CHAIRPERSON KRANZLEY: I'd like to question the 15 process by the city manager. That should be looked 15 maker of the motion, and maybe this is a question for 16 into, but I for one -- this is a major tenant that 16 staff, too. Would this then be the alternative that 17 anchors Via Marino Village -- Marina Village. I know 17 was presented in the sheet that was passed out this 18 it's confusing and said very well. 18 evening and would be included in -- 19 The signage needs to occur, because I have 19 MS. TEMPLE: The revised condition number 2 -- 20 lived here for years, and I can tell you for five I 20 CHAIRPERSON KRANZLEY: Which -- 21 couldn't tell you who owned what and what was 21 MS. TEMPLE: -- In the supplemental report 22 what. And I shopped both -- both of those shopping 22 reflects -- 23 centers. 23 CHAIRPERSON KRANZLEY: Reflects -- 24 So, you know, Via Lido Plaza needs to do 24 MS. TEMPLE: -- that change. 25 perhaps on this -- the main street going through there il 25 CHAIRPERSON KRANZLEY: Okay. Thank you, Patricia. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 21,1998 [Sheet 12, Page 45l (Page 471 1 COMMISSIONER RIDGEWAY: There's a waiver. It's 1 STATE OF CALIFORNIA ) 2 only 41 spaces. 2 ) ss 3 CHAIRPERSON KRANZLEY: True. 3 COUNTY OF ORANGE ) 4 COMMISSIONER RIDGEWAY: And that -- that protects 4 I, Deborah J. Blanchet, C.S.R. Number 7644, do 5 our backside from a new restaurant user. And I want to 5 hereby declare: 6 make a comment just to the Commission. And 6 7 Commissioner Adams said and I want to correct -- I hope 7 that, said audio tape of proceedings were 8 he said not while I'm on watch will the other place, 8 taken down by me in shorthand and thereafter reduced to 9 the 7,OOO square feet be a restaurant, and I want to 9 typewriting under my direction. 10 say be a restaurant without a comprehensive parking 10 11 plan. I'm going to add that. 11 I further declare that I have no interest in 12 COMMISSIONER ADAMS: (inaudible), 12 the event of the action. 13 COMMISSIONER RIDGEWAY: Yeah, I think You did 13 14 because I -- I think it's possible that a -- some 14 I declare under penalty of perjury under the 15 corporate tenant will come in. It's just possible. So 15 laws of the state of California that the foregoing is 16 I don't want you to back yourself into a corner with 16 true and correct to the best of my ability. 17 somebody saying You said, but -- 17 18 COMMISSIONER ADAMS: Yeah, I think what I wanted to 18 Witness my hand this 12th day of June, 2001. 19 make a point is that's the time when we can do 19 20 something. We can't create any new spaces for the land 20 C.S.R. NO. 7644 21 that's already there. 21 22 COMMISSIONER RIDGEWAY: And -- and yeah, and I 22 23 would say it's time for this, you know, it's 23 24 summertime. We need to get this thing going. 24 25 CHAIRPERSON KRANZLEY: Commissioner Fuller. 25 (Page 461 1 COMMISSIONER FULLER: Yeah, I'm going to support 2 the motion, Mr. Chairman. I think that the LeahYs made 3 a good point about their businesses, and I'm sure 4 that's true of the other businesses in there. It's 5 such a -- a key parcel for a restaurant and has been 6 so. 7 I'm satisfied with the valet parking, but I 8 think the thing that's most compelling to me is the 9 extra 150 spaces or whatever it is that we could pick 10 up from Thunderbird, but were used for retail or office it uses. That is really key to me. So I'm going to 12 support the motion. I think it's a good plan. 13 CHAIRPERSON KRANZLEY: Well, I cannot add anything 14 that the commissioners have not already said, so I will 15 be supportive of the motion. I do think this is an 16 opportunity for us to clean up the situation or help 17 clean up the situation, and so I will be supportive of 18 the motion. So I will call for the vote. All In favor 19 by show of hands. 20 SPEAKER: Motion granted. 21 22 (END OF AUDIOTAPE RE: JP'S OF NEWPORT BEACH) 23 24 25 PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 [Sheet 1, Page 11 [Page 31 mr 1 1 interactive video type games. 2 2 It is somewhat unusual in terms of how it 3 3 would be analyzed in relationship to the zoning code 4 4 provisions for restaurants, and in the report presented 5 5 for you this evening staff took the position that 6 6 because of the movable nature of the games involved and 7 7 the high amount of floor area that they occupied, that 8 8 the analysis should most appropriately be based on a 9 9 regular restaurant net public area analysis for the 10 TRANSCRIPTION OF AUDIOTAPE OF 10 game area as well as the more conventional portions of 11 CITY OF NEWPORT BEACH PLANNING COMMISSION 11 the restaurant. 12 RE: JP'S OF NEWPORT BEACH 12 If the Commission supports the -- and wishes 13 Taken on May 7, 1998 13 to consider and perhaps approve this project on that 14 14 basis, it would require the waiver of 119 of the 15 15 required parking spaces for the operation. 16 16 For the information of the Commission, if we 17 17 were approving the Warehouse Restaurant as it exists 18 18 today under the one parking space for every 40 square 19 19 feet of net public area, it would require waiver of 90 20 20 spaces under today's zoning code definitions and 21 21 requirements. So due to the increase in this poor area 22 22 of the overall restaurant, there is a much higher 23 23 waiver required under that analysis. 24 1 24 As a result of conversations with staff and 25 25 with members of the planning commission earlier today, [Page 21 [Page 41 1 May 7, 1998 - Newport Beach, California 1 staffers looked at an alternative approach to looking 2 2 at this particular project, and I provided you a 3 CHAIRPERSON: Okay. Let's see. Item number 2 on 3 revised chart which gives an alternative parking 4 the agenda is JP's of Newport Beach. Erik Rameson is 4 analysis. 5 the applicant. It's at 3450 Via Oporto. It's 5 What we did, and if you refer to the exhibits 6 continued from April the 23rd, 1998. It's a request to 6 on the wall, you note pretty much in the center of the 7 allow the re-establishment of the existing Warehouse 7 exhibits regarding JP's is -- is an area outlined in 8 Restaurant which included on-sale alcoholic beverages, 8 pink, which is the second floor of the proposed 9 dancing, and live entertainment as JP's of Newport 9 restaurant. 10 Beach, a new full service restaurant and entertainment 10 The areas outlined in pink represent the 11 facility. 11 bar/lounge area and the dance floor area, and the 12 The application includes alcoholic beverage 12 balance of the area is primarily occupied by video 13 service, outdoor patio dining, both indoor and outdoor 13 games with a very low saturation of seating within that 14 live musical entertainment, and indoor dancing. 14 portion of the -- of the area of the restaurant. 15 The application also includes a request to 15 What staff has done in the alternative 16 permit a variety of interactive and skill games, the 16 approach is to look at the non-alcoholic beverage 17 use of valet parking service, and to waive a portion of 17 lounge area and dance floor area under the other 18 the required parking. 18 alternate provisions of the zoning code for electronic 19 Do we have a staff report, please? 19 scoping centers or arcades essentially, which carries a 20 MS. TEMPLE: Yes, Mr. Chairman. As you may have 20 much lower parking requirement than conventional 21 noted in reviewing the staff report for this evening's 21 restaurant seating. 22 item, this involves the reconfiguration of an existing 22 In fact, it's -- it's 1/10 the requirement, 23 restaurant formerly known as the Warehouse into a new 23 the required parking at a ratio of one space for every 24 operation which includes a different operational 24 400 square feet as opposed to one space for every 40 25 characteristic, including a rather large number of 25 square feet. PRECISE REPORTING SERVICE (949) 833-9099 Ah Taken On May 7,1998 [Sheet 2, Page 51 [Page 71 1 There are some advantages to the City and to 1 If they -- if those agreements could not be 2 the applicant in considering this alternative 2 altered, then the Commission could not be complied 3 approach. Number 1, the video game area really would 3 with, and the use permit cannot be implemented. 4 not be likely to be occupied for conventional 4 Should the Commission consider the alternative 5 restaurant seating, although we do acknowledge that 5 approach in terms of the conditions of approval, it 6 some service of beverages and perhaps light food items 6 would require one particular change to condition number 7 could be served in that area, 7 2 where the waiver would be established at 41 parking 8 But by using the alternative parking approach, 8 spaces as opposed to 119. 9 a much lower parking requirement for the overall 9 Additionally, staff was reminded that though 10 operation would be established at a total of 216 10 property owner does control the parking lot on 32nd 11 spaces, which would require a waiver of 41 parking it Street to help support the overall parking requirement 12 spaces. 12 for Lido Marina Village, and we would also suggest an 13 The advantage to the applicant I think is 13 alteration to condition number 16 that would require 14 clear in the sense that the actual waiver being -- 14 that all park -- employees park in the parking 15 which would be requested would be substantially less 15 structure or should park on the 32nd Street lot. 16 and perhaps able to be more supported by your 16 In terms of once again some of these 17 Commission. 17 agreements which we became aware of, there could be an 18 From the City's standpoint there is also an 18 opportunity for the employees to be shuttled to and 19 advantage in the sense that a lower parking waiver 19 from that 32nd Street lot, and that could include the 20 would essentially preclude eventual conversion of the 20 parking for patron access within the parking structure 21 new arcade area to standard restaurant service if the 21 in close proximity to the restaurant. So we would 22 business changed hands, but would require an amendment 22 suggest that change, 23 to the use permit, and also would require additional 23 With that I will complete my comments. Both 24 waiver of parking, which is a very discretionary action 24 myself and Mark Myers the (inaudible) are here to 25 on the part of the planning commission and the City. 25 answer questions in the future. [Page 61 [Page 81 1 So it would put the City in a stronger 1 CHAIRPERSON: Thank you, Penny. Are there any 2 position of -- were other changes to the operational 2 questions for staff? 3 characteristic of this particular business occur over 3 SPEAKER: Just a quick question. How many 4 time, and should the -- this owner or subsequent owner 4 employees will be working at the restaurant? 5 decided to re-establish full restaurant occupancy on 5 MS. TEMPLE: The analyses show there are 15 to 40 6 the second floor. 6 during the daytime and 20 to 60 during the evening 7 So staff does offer this as an alternative 7 shift. 8 approach for the Commission to consider, We do have a 8 CHAIRPERSON: Commissioner Fuller, 9 couple other comments to make in regards to the parking 9 COMMISSIONER FULLER: Thank you, Mr. Chairman. 10 situation. 10 Penny, a couple of questions. One is the -- 11 One of our conditions of approval would 11 this could kind of be a Joe's Crab Shock in reverse 12 require that all customers be allowed to park or be 12 here. Have we -- have we notified -- have we noticed 13 served by valet parking at no charge, We became aware 13 those property owners across the channel and the -- and 14 today that there may be some other arrangements or 14 the residents there? 15 agreements to which the City is not party which may 15 MR. MYERS: In this particular case they were not. 16 point in other directions, and which Indicate, at least 16 It was felt that location relative to the uses, the 17 at certain points of the operation, that someone would 17 residential uses, would not be affected in this case; 18 be required to pay a valet. 18 and, therefore, they were not. 19 Staff would like to point out that should the 19 COMMISSIONER FULLER: I guess my concern would be 20 Commission act on the side of that condition, that that 20 because I see -- I saw the site, the patio and so on 21 will be the condition of approval that the customers 21 (inaudible) that condominium protect over there. It 22 not be required to pay, and that it may require the 22 seems to me they would -- they might be interested in 23 owner and property the owner and the parking lot 23 what's going to happen. 24 operator to alter those agreements which are currently 24 The second -- my second question would be on 25 under consideration. 11 25 the folks across Via Lido have expressed concern as far PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 Am [Sheet 3, Page 9) --- (Page Ill MW 1 as the parking that's been displaced in their parking 1 So we felt that by requiring the valet to use 2 lot. Has there -- has there been any studies or 2 that, that would deter people from going into the other 3 anything done as for as any encroachments or not 3 parking lot. 4 enchroachments, but use of that parking lot by 4 COMMISSIONER FULLER: Okay. Well, to follow up on 5 potential customers? 5 this pursuant it, our friend at the Thunderbird site 6 MS. TEMPLE: The owner of the Via Lido Plaza has 6 that's now vacant, what if -- what if that came to 7 provided us with a number of documents over the years 7 light with something else? Wouldn't that put extra 8 both of complaint and documenting the quote, unquote 8 pressure on our parking resources and further 9 poaching of parking between the two properties. 9 exacerbate the need to park someplace else? 10 I think that's why staff is so concerned about 10 MR. MYERS: Potentially it would, although the use 11 preserving the condition on free parking for -- for 11 permit that is under existence there would have since 12 patrons, because so long as there is an available free 12 (inaudible) it, and it would require the new applicants 13 parking lot where people can, you know, park and maybe 13 to come back to planning Commission. The Commission 14 walk through the market, and then not be noticed by the 14 would have the right to enforce more stringent parking 15 control people on Via Lido Plaza, they will probably 15 requirements and more limitations on the size and the 16 continue to do so. 16 use as a whole. 17 Just based on being in the area we are here, I 17 COMMISSIONER FULLER: Okay. But -- and I 18 believe that there is a significant portion of people 18 understand that, but if the -- if that -- if that site 19 that do make use of the market's parking lot to access 19 were put to some use, that would require more parking 20 Lido Village. 20 somewhere. 21 COMMISSIONER FULLER: And are we saying there's no 21 MR. MYERS: Right. Yes, it would. 22 solution to that? Or that's -- 22 COMMISSIONER FULLER: And that would put more 23 MS. TEMPLE: Well, I think that, first of all, 23 pressure on the existing space that we have. 24 better utilization of the on-site parking resources 24 MR. MYERS: Potentially, though I think the parking 25 will help assist the situation. 25 structure that is there includes usage of that same (Page 101 [Page 121 1 In this particular case the high -- the change 1 building. 2 in operational characteristics with a high level of 2 COMMISSIONER FULLER: So what you're saying is that 3 floor area occupied by non-conventional restaurant 3 if it did happen, it would be -- it's your opinion 4 service should arguably lower the overall demand, 4 there would be parking in there. 5 parking demand from this particular business. 5 MR. MYERS: Yeah. There's 395 spaces -- 6 COMMISSIONER FULLER: Okay. 6 COMMISSIONER FULLER: Right. 7 MS. TEMPLE: But in terms of a long term solution 7 MR. MYERS: -- in the parking structure of which a 8 currently the property owner himself does try and 8 few of those are tandem spaces, and based on what we've 9 police people from parking in his lot. 9 seen the usage go, there will be adequate amount of 10 From the City's point of view I think that 10 parking provided it was utilized to its maximum 11 there is some hope that we might be able to study this 11 potential. 12 area for some type of comprehensive parking solution 12 COMMISSIONER FULLER: Okay. Thank you. 13 involving all of the property owners. We don't have 13 CHAIRPERSON: Commissioner Ashley. 14 any active work in that regard, but truly that may be 14 COMMISSIONER ASHLEY: Thank you. Did the staff 15 what it will take to actually solve the problem. 15 consider and count the seats for dining on the first 16 MR. MYERS: Well, I think that's a valid point. If 16 level and count the seats for the bar on the second 17 I may add, I think that's part of the reason we were 17 level in designing on the second level in calculating 18 requiring the use of the valet is to get the full 18 the parking requirements? 19 utilization of the parking structure. 19 MR. MYERS: Under the original or the as proposed 20 Upon staff's going out there witnessing the -- 20 we counted both floors entirely regardless of the 21 how much it gets used, during the week it was very 21 seating areas. 22 minimal, and on the weekends and the evenings it was -- 22 COMMISSIONER ASHLEY: You were taking into account 23 it was negligible. There was next to no usage of it 23 the (inaudible) area as opposed to seating? 24 whatsoever, even though it is closed, but (inaudible) 24 MR. MYERS: Actually, the net public area is 25 uses. 25 defined as areas capable of being served, which would PRECISE REPORTING SERVICE (949) 833-9099 L i Taken On May 7,1998 [Sheet 4, Page 13) [Page 151 1 exclude bathrooms and service areas and kitchens, but 1 So we are kind of brightening that level of 2 all other areas were included in the parking plan. 2 occupancy that you discussed in your comment. 3 So it wouldn't -- we don't specifically count 3 CHAIRPERSON: Any other questions? 4 seats separate from that area. Whether It had seats in 4 SPEAKER: I have a few. Just picking up on what 5 there or not, if you're capable of being served, it 5 Commissioner Ashley was saying that under the existing 6 would be counted towards parking. 6 code is there a difference in the parking requirement 7 COMMISSIONER ASHLEY: My impression though, and 7 between a bar and a restaurant or are they the same 8 maybe we could wait for the applicant to come forward 8 requirements? 9 is it seems that the second level is being used more 9 MS. TEMPLE: There is not. However, the restaurant 10 for beverage purposes than for dining purposes; is that 10 parking chapter allows the planning commission to 11 correct? 11 establish a parking requirement within the range of one 12 MR. MYERS: I think that's where the alternative 12 per 30 to one per 50 square feet of net public area, 13 proposal has come to light, That might be true in that 13 depending on the operational characteristic, and it 14 if we take advantage of this alternate proposal, it 14 could choose a more stringent code requirement such as 15 might better address the proposal. 15 one parking space per 30 it felt it was warranted in 16 MS. TEMPLE: And I -- I .Just might -- might add the 16 the particular case. 17 City's zoning code many years ago was changed from a 17 SPEAKER: So you could take a portion of a 18 parking based on number of seats to a parking based on 18 restaurant and establish one standard in -- in a 19 net public area for a couple of reasons: First, It's 19 restaurant area and a separate standard in the bar area 20 much easier to enforce, and the formulas were actually 20 is what you're saying? 21 devised using a standard restaurant seating saturation 21 MS. TEMPLE: I believe you could, yes. 22 in order to devise for net public area formulas. 22 SPEAKER: Okay. On the existing -- the existing 23 1 The area on the second floor that really is 23 use permit the staff report indicates that it's a 24 for beverage service and dancing we have left 24 re-establishment of a use, but, in fact, isn't it the 25 calculated at the conventional restaurant rate. It's 25 case that the existing use permit is still operational [Page 141 [Page 161 1 only the gaming area that we are suggesting using the 1 and still valid? 2 alternate ratio on, and if you look, review those floor 2 MS. TEMPLE: Yes. 3 plans, there's very little seating in that arcade 3 SPEAKER: So if -- whatever form the applicant were 4 area. There are a few incidental seats, but it's 4 to get this use permit approved or if this use permit 5 really not -- not set up for heavy occupancy seating. 5 were denied, they would still be able to go back and 6 The areas that are set up that way we've left 6 establish the use within the parameters of the 7 in the restaurant formula level. 7 Warehouse use permit which include by today's standard 8 COMMISSIONER ASHLEY: The reason I bring it up, 8 a waiver of 90 parking spaces. 9 Mr. Chairman, is that historically, you know, we've 9 MS. TEMPLE: That's correct. 10 calculated one square foot of dining. That's for 10 SPEAKER: When the original use permit was approved 11 seat -- excuse me, one dining seat for every 25 square 11 under the old parking standard of one for every three 12 feet of floor area -- floor area and one per 15 for a 12 seats, were there any waivers granted under that use 13 bar, 13 permit? 14 Consequently, you can have as many as almost 14 MR. MYERS: No, there were not. 15 twice as many people in an area that is acting as a bar 15 SPEAKER: There were not. 16 as opposed to an area acting as a dining area, and 16 MR. MYERS: There -- just to elaborate, there was a 17 that's going to affect your total parking requirements 17 limitation imposed on the -- on the seating and the 18 as opposed to taking the total floor area, net floor 18 occupancy of the building. 19 area, and dividing it by 800 square feet. 19 SPEAKER: Okay. And then on the Thunderbird, how 20 MS. TEMPLE: Just to compare what our old 20 many -- when that was in operation, when the Warehouse 21 requirement was to new, originally it was one parking 21 was in operation, how many parking spaces were -- was 22 space for every three seats. If you translated that to 22 the Thunderbird required to provide in the parking 23 one parking space for every 15 square feet per seat, 23 structure? 24 then the ratio would be one space for every 45 square 24 MS. TEMPLE: I don't know. 25 feet, four years or more conservative numbering. 25 SPEAKER: And what -- I would assume that if we PRECISE REPORTING SERVICE (949) 833-9099 L Taken On May 7, 1998 • [Sheet 5, Page 171 [Page 191 1 have 175 spaces at night for the Warehouse, then the 1 COMMISSIONER FULLER: Right. 2 remaining 200 were to be shared between the existing 2 MS. TEMPLE: And then there's another lot that has 3 retail uses and Thunderbird? 3 an unused bank kiosk in it, and I believe that's the 4 MS. TEMPLE: Retail and restaurant. There are 4 one that this property controls. 5 other restaurants in Lido Village such as Camelot, the 5 COMMISSIONER FULLER: This property -- I'm sorry. 6 Bistro, etc. 6 MS. TEMPLE: This property meaning Lido Marina 7 SPEAKER: And we have no idea on how those were 7 Village. 8 distributed or allocated in the post? 8 COMMISSIONER FULLER: Okay. I see what you're 9 MS. TEMPLE: I know that over time there was a lot 9 saying. So they -- they do control part of that 10 of work done on parking utilization and adequacy in 10 parking lot. Okay. Very good. Thank you. 11 Lido Village. I believe that as compared to today's it SPEAKER: I have two additional questions. Via 12 parking standards that the parking structure in and of 12 Oporto, is that -- is that public street or is that 13 itself would not provide the full parking complement 13 private or is there (inaudible). 14 for all of the retail (inaudible) in Lido Village. 14 MS. TEMPLE: Public. 15 SPEAKER: And if we wanted to find out, would we 15 SPEAKER: Public? Is there an easement that Via 16 have the documentation in the files to compile all that 16 Marina Village maintains it or how is (inaudible)? 17 information? 17 MS. TEMPLE: I believe that that is a non-standard 18 MS. TEMPLE: No, sir. 18 improvement approved through an encroachment agreement 19 CHAIRPERSON: Okay. Any other questions? 19 and that they are required to maintain the brick 20 COMMISSIONER GIFFORD: Mr. Chairman. 20 street. 21 CHAIRPERSON: Commissioner Gifford. 21 SPEAKER: Okay. And my last question is going back 22 MRS. GIFFORD: Under the existing use permit for 22 to the existing use permit in this application, am I 23 the Warehouse you said it was based on limiting the 23 correct in understanding that the only difference 24 number of seats, and it didn't refer to the parking or 24 between the two applications is number 1, that the net 25 waiver of parking. How many seats were permitted -- 25 public area is increased by 1,100 and some square feet, [Page 181 [Page 201 1 are permitted under that use permit? 1 I forget the number, 1,141 square feet, and that the 2 MR. MYERS: I believe it's 524. 2 applicant is putting in video arcade games. Those are 3 MRS. GIFFORD: Thank you. 3 the only -- and all the other things that the applicant 4 CHAIRPERSON: Do you have questions? Commissioner 4 is requesting or permitted under the existing use 5 Fuller. 5 permit? 6 COMMISSIONER FULLER: Patty, you referred to 6 MS. TEMPLE: I believe there's some modest 7 bussing to the parking lot on 32nd Street or 7 differences. There's a slight increase in the hours of 8 transportation? 8 operation on the morning side. They are asking to open 9 MS. TEMPLE: This is -- this is part of what really 9 at -- be able to open at 10:00 a.m, as opposed to 10 isn't part of the City's requirements, but it's our 10 11:00 a.m. from Monday through Saturday. So that -- 11 understanding that there is a potential for the parking 11 that would be a slight change. 12 owner, if he chooses, to require employees of the 12 Additionally, staff is suggesting in its 13 Warehouse site to park at 32nd Street. He would be 13 conditions of approval that the number of entertainers 14 required to provide shuttle and security for those 14 allowed on the outdoor patio be limited to a maximum of 15 employees. 15 two where there is currently no limit. 16 COMMISSIONER FULLER: Okay. And I kind of know 16 SPEAKER: There's currently -- 17 that area, but I'm thinking of the parking lot that 17 MS. TEMPLE: No limit, other than that their 18 you're referring to. Is that the one across from the 18 operation is largely the same. 19 church? 19 SPEAKER: Okay. Thank you. 20 MS. TEMPLE: It's the one -- there's -- well. it's 20 CHAIRPERSON: Any other questions? Commissioner 21 on 32nd Street, and it's bayward and Villa Way. 21 Ridgeway. 22 COMMISSIONER FULLER: Okay. That's not owned by 22 COMMISSIONER RIDGEWAY: I just have one question on 23 the City, right? 23 the conditions. Condition number 8, it says the 24 MS. TEMPLE: No. There's actually two parking lots 24 speakers located in the outdoor dining area shall 25 there. There's where Bank of Newport is. 25 comply with the provisions of 10.26. Is that a noise PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 6, Page 21] low (Page 231 1 ordinance? 1 venue that's being proposed to you tonight. 2 MS. TEMPLE: Yes. 2 Even in the upstairs area which was referenced 3 CHAIRPERSON: Okay. Thank you, Mark. I'll open 3 where most of the games are located throughout the 4 the public hearing. Is the applicant and applicant's 4 restaurant up there in addition to the bar, there are 5 representative present? 5 built in services. We will be serving the full menu 6 MR. KING: Yes. Good evening, Mr. Chairman, 6 service to people who are involved in a game, and as 7 commissioners. My name is Jerry King, and I am here 7 (inaudible) director indicated to you, there aren't 8 this evening representing JP's and the Warehouse 8 many seats up there, and it's because of the nature of 9 operators. 9 these games. 10 The existing operators of the Warehouse as 10 You're either standing next to them swinging a 11 well as the developers of the Family Entertainment 11 golf club or you're shooting basketball or you're doing 12 Center are here this evening and can answer questions 12 any variety of other activities that require your 13 if you have them as well as the architect. 13 personal involvement in the game itself. So it's -- 14 I'm passing along some pictures of the game 14 you're not just sitting there dumping coins into a 15 center just to reaffirm in your mind one of the reasons 15 machine and pulling levers. There is some real 16 that comes to mind to validate what the staff is 16 activity involvement. 17 proposing and the changes. 17 Again, referring back to the prior operations 18 These are interactive games. They're not the 18 of the Warehouse and the Thunderbird and even the old 19 small little video games that you see against the 19 Magic Island, there was a tendency to park across the 20 wall. These are pretty sizable games which involves 20 street, and the operators of that center have been 21 real activity involvement for the individual for these 21 quite diligent in towing cars and noticing people or 22 games, so they're not the kind of things you move 22 even alerting them. 23 around with any kind of frequency. 23 One of the things we were asked to do is to 24 So we are supportive of what staff is 24 have a security service as a part of this operation 25 proposing and are grateful that they took another look 25 which is included in the packet. Part of the personnel [Page 221 [Page 241 1 at it for us. 1 that are on staff for the number of employees represent 2 I wanted to answer a couple questions raised 2 security personnel who patrol the floor of the 3 by the Commission this evening if I could, please. 3 restaurant, control the activities on the floor and the 4 Regarding the notices, I've worked on Lido Marina 4 activities that occur around and outside the restaurant 5 Village for probably about 17 years. I've probably 5 including the patio. 6 worked on every restaurant except for one that I know 6 So we've been quite responsive to the concerns 7 of or maybe two. 7 of the police department as well as planning staff in 8 Habitually I've gone across and contacted 8 addressing those issues. We do support the staff 9 people in the towers, and I've talked to other 9 report as is proposed with the changes referenced here 10 residents, and it you look at the record and you look 10 this evening, and we hope that you can support it. 11 at the police report on this particular project when we 11 Meanwise, this is something that's happening 12 went to the review committee, there are no complaints. 12 across the country right now that Disney firm is 13 They've had the outdoor music as background 13 involved in developing several restaurants of this type 14 music on the patio for as long as I can remember. 14 with interactive games. Dave & Busters is going in a 15 They've always had an entertainment and dancing permit, 15 triangle up in Irvine. They already have Sego City out 16 and for the exception of a couple years when the 16 there, and there's a variety of different restaurants 17 Thunderbird was there and there were some problems with 17 and restaurant games or game activities which are being 18 these restaurants, they were better described as 18 proposed for centers and -- like this one. 19 nightclubs than restaurants, there were, in fact, 19 So it's -- it's becoming better refined, and 20 problems. 20 it's -- it's a real opportunity to engage families in 21 And those -- those are part of the reasons, 21 the early hours and more adult activities in the 22 those issues that occurred and those problems that 22 evening hours while at the same time providing a full 23 occurred are one of the reasons why the owners and 23 service menu of fine food. 24 operators of the restaurant have decided to move it 24 Be happy to answer any questions that you may 25 more into the family entertainment full food service 25 have. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 [Sheet 7, Page 251 [Page 271 1 CHAIRPERSON: Okay, Mr. King. Any questions? 1 through the increase in that floor area. 2 SPEAKER: I have a question. 2 SPEAKER: Okay. Thank you. 3 CHAIRPERSON: Mr. (inaudible). 3 MR. KING: Mr. Chair, if I could just for a minute 4 SPEAKER: Do you know how many seats are 4 for (inaudible) purposes. One of the real concerns 5 proposed? There are seats shown on the plan. Do you 5 when this was proposed that it -- that that second 6 have any idea how many there are? 6 floor become all games and drinking, and there was a 7 MR. KING: I -- I do not, you know, Commissioner 7 lot of encouragement by the staff of both police 8 Adams, Mr. Chairman, in response to that question. 8 department that we do include opportunities to be 9 Actually the architect is here. He could probably 9 served food throughout the entire restaurant. 10 better tell you. I'd be happy to have him cane up and 10 And so the architect came back and rearranged 11 address that issue. 11 the floor plan and the activity aisles to get to these 12 I don't know what the seats are, didn't count 12 games so that we could, in fact, provide food service 13 them because we -- we're going by what the City used 13 opportunities throughout the restaurant. 14 for the square footage, but what we tried to do in 14 There will be menus throughout the restaurant 15 terms of the seating throughout the restaurant is to 15 and staff to go from table to table, game to game 16 provide seating with table food service or the standing 16 taking orders so that you don't have to necessarily 17 tables so that someone can play the game and have 17 leave the game. You can order and have Your food 18 food -- food available to them throughout the entire 18 brought to the area where you're involved in a game, 19 area of the restaurant. 19 and it can be on the table next to you anywhere from 20 A lot of those standing tables do not have 20 snacks to anything off the menu. 21 chairs or seats with them. Some do. I will get the 21 So, but they do not -- they do not all have 22 answer to your question, Commissioner. 22 seats, but we kept the seats exactly what we have 23 SPEAKER: We're going get the answer to that 23 today. 24 question. Can we get the answer to the question of how 24 CHAIRPERSON: Thank you. 25 many seats were in the old Warehouse Restaurant? 25 MR. KING: Thank you. [Page 261 [Page 281 1 SPEAKER: Sure. 1 CHAIRPERSON: Okay. Anyone wishing to testify 2 SPEAKER: You were told what the entitlement was, 2 please step forward and state your name and address for 3 right? That's why I asked the question. I wanted to 3 the record, please. 4 compare it. 4 MR, GREGORY: Commissioners, I'm Don Gregory, 5 SPEAKER: Uh-huh. 5 601 Lido Park Drive, 6 SPEAKER: May I could ask Steve Jones, the 6 I want to begin by saying that I would like to 7 architect of the property, to cane forward for a 7 ask that this matter be continued, and I'll tell you 8 minute. He can probably (inaudible). 8 why. I'm a member of EOAC, as some of you may know, 9 MS. TEMPLE: Mr. Chairman, the plans indicate that 9 and there was a subcommittee formed on trying to get a 10 the number of existing seats will be the some as the 10 uniform code of hours and noise abatement for 11 proposed number of seats, 524. 11 restaurants with or without entertainment, but 12 SPEAKER: But that doesn't include the standing -- 12 obviously largely with. Seems to be a movement, a 13 standing spaces. 13 great trend toward getting patios whether they exist or 14 MS. TEMPLE: Yes, it does. 14 not, building them if they don't exist. 15 SPEAKER: It does? 15 And on Tuesday, this coming Tuesday, the 12th, 16 MS. TEMPLE: Well, it includes the seating in the 16 there is a meeting with a noise consultant that we have 17 game areas. So the stool seats around the walls and 17 asked to be brought in so that we can find out more 18 the seating near the games is counted. 18 about how to standardize these things and be fair to 19 SPEAKER: Okay. 19 the business community as well as to the residents. 20 SPEAKER: Based on the number of seats it's the 20 And to vote on this now would be putting, I 21 same, so basically what they're doing, although they're 21 think, the cart before the horse in terms of what E9AC 22 creating more open area where the games are, they're 22 and that subcommittee is charged to do, which is to get 23 intensifying these -- the seating in the restaurant 23 a uniformity. 24 portion. 24 The application itself here I'm afraid is, to 25 MS. TEMPLE: Through -- well, through that and also 25 my point of view, very, very transparent. To me it's ❑ PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 8, Page 291 [Page 311 MW 1 great excuse for a different and creative kind of 1 CHAIRPERSON: Thank you, Mr. Gregory. Any 2 sports bar under the umbrella of keeping the kitchen 2 questions of Mr. Gregory? 3 open, and the hours are far beyond what anyone has been 3 MR. GREGORY: I'm sorry. 4 allowed to do heretofore since the Cannery Village 4 COMMISSIONER FULLER: Just a comment. 5 operation. 5 CHAIRPERSON: Commissioner Fuller. 6 And to think that families will be attracted 6 COMMISSIONER FULLER: Mr. Gregory, you understand 7 to pool tables and video games is about as valid as the 7 the existing restaurant can stay open until 2:00 as 8 Cannery Restaurant saying that their patrons who dine 8 well. 9 will go up and boogie, which happened lost fall and, as 9 MR. GREGORY: Yes, I know. And the Cannery could 10 you know, was found to be too transparent to be 10 also have stayed open under its existing permit, even 11 passed. 11 though there wasn't a permit, but they had certain 12 This location has been a nuisance before. 12 rights, but the introduction of pool tables and video 13 It's been very clogged, I live right there so I know. 13 games and one to four musicians live, even though I 14 I live up the street. The limousines and the clogs of 14 know the staff recommended that there's no 15 people who gather outside to talk and to fight and to 15 amplification, I say that it exacerbates a problem that 16 shove can't only be blamed on the presence of the 16 exists all over the bay front and, therefore, impacts 17 Thunderbird or something across the street. 17 all the residents as well as some of the businesses and 18 When you drink and you drink a lot, and I have 18 is -- is going to be very tough to explain to the next 19 to take exception that people, many people eat after 19 applicant who we say will have to close at 10:00 or 20 10:00 or 11:00 at night, they're there to dance, 20 11:00. 21 they're there to listen to the entertainment, and it 21 And I understand what you're saying, 22 becomes a clear and present danger of what happened 22 counselor -- I mean commissioner, but there has to be a 23 before. 23 beginning. 24 R I think that outside entertainment is just 24 CHAIRPERSON: Thank you, Mr. Gregory. 25 inviting that kind of noise, which is going to be 25 MR. GREGORY: Okay. [Page 301 [Page 321 1 different than any other kind of noise if you vote on 1 CHAIRPERSON: Anyone else wishing to testify? 2 it now, and I suggest and hope that you will continue 2 MR. BISSELL: Good evening, Mr. Chairman, 3 this until the EQAC can get a resolution and a noise 3 commissioners. My name is William Bissell. My address 4 guidance from experts as well as from those of us who 4 is 1200 Quail Street, Newport Beach, California. I'm 5 are voting on it so that we can all fold it into the 5 here representing Lido Partners, the owner of the Via 6 same kind of plan where there's uniformity, where 6 Lido Plaza shopping center. 7 there's no bias, where Windows has to close at 11:00 7 Lido Partners and its merchant tenants are a 8 and this place can stay open until 2:00. 8 little surprised and not a little dismayed that the 9 It doesn't make for fairness to anyone who has 9 Commission is even considering the waiver of 119 10 to close at 11:00 If someplace else Is open until 10 parking spaces in this project or under even under the 11 2:00. 11 alternate plan, which I don't think they're aware of, 12 I could go on and on with this, but I can't. 12 but I think they would be equally -- or not equally, 13 But of all the proposals that I've read this is fraught 13 but not happy with even a waiver of 41, and I question 14 with so many things aside from the parking element 14 a little bit the intellectual honesty of the alternate 15 which, of course, is what is very important here. 15 plan. 16 And what happens when it's all clogged up? 16 The -- the use is not changing. The 17 Who's directing who to go where? And then do those 17 anticipated number of patrons is not changing. We're 18 people not get to matriculate into the village, which 18 Just calling a horse apparently a different name to try 19 the business people think will be such a boom to them? 19 to -- try to create a parking situation that the facts 20 Because they'll be told to go away and park someplace 20 don't support. 21 else. Will they come back? 21 Beyond that the only alternate plan, which I'm 22 (inaudible), but if we can wait for EQAC to 22 really not prepared to comment on, Lido Partners and 23 give some kind of uniformity, perhaps we'd all be 23 the merchant tenants feel that they have a long borne 24 better off, and then maybe this could pass. 24 the burden of the inadequate parking at the Lido Marina 25 Thank you very much. 25 Village. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 fib [Sheet 91 Page 331 low [Page 351 1 The -- this burden comes in the form of 1 the legitimate concerns of the tenants of the Plaza, 2 increased maintenance costs, increased security costs 2 Via Lido Plaza, can be addressed. 3 which run $40,000 a year at this point, and that cost 3 We hope that that's the case. We hope that a 4 is passed on to each of the merchants and loss of 4 resolution could be found. We're all for it. We're 5 business. 5 all for increased business in the city, but not at the 6 This is a burden that, again, has gone on, 6 expense and very real out-of-pocket expense to some of 7 they've been faced with for a number of years, and this 7 the tenants to benefit others. 8 particular project as a -- as presently formulated does 8 COMMISSIONER ADAMS: Mr. Chairman. 9 not appear to do anything to relieve that burden, but 9 MR. BISSELL: Thank you. 10 instead will compound it. 10 CHAIRMAN: Commissioner Adams. 11 The merchants and Lido Partners themselves 11 COMMISSIONER ADAMS: Yeah. Sir, you don't feel 12 have always strived to be good partners to their 12 that the staff's condition that the parking for this 13 business neighbors. However, in this instance they 13 restaurant be free validated would mitigate, help 14 cannot acquiesce, and they should not even be asked to 14 mitigate your problem? 15 acquiesce. 15 MR. BISSELL: No, actually, I think that that 16 And this particular project or at least can be 16 might help mitigate. 17 waived that the parking spaces in this project which 17 COMMISSIONER ADAMS: I mean -- I mean the way I see 18 will only increase the burden on them. It's an unfair 18 it one of the upsides of this is you can take one of 19 burden, and they've shouldered it. They've shouldered 19 the larger parking demand uses in the Village and give 20 it long enough. 20 it free parking which would, you know, give a fairly 21 The -- the staff's report on the plan appears 21 significant incentive for use of the garage over your 22 to be based upon an analysis that the parking garage in 22 parking lot for one of the larger uses. 23 the Via -- the Lido Marina Village is under utilized. 23 MR. BISSELL: I agree, and I believe that's a 24 The report, however, does not attempt to make a 24 possibility. However, but we're talking about the 25 determination of finding as to what the cause of that 25 hours of operation here. I question -- [Page 341 [Page 361 1 under utilization, and I think the cause is pretty 1 COMMISSIONER ADAMS: There's only an hour 2 obvious: The cost to park in the parking garage, and 2 difference. I guess what I -- I just want to get your 3 it's a matter of steps away you've got 300 free parking 3 feedback on this. I mean they can develop, they can 4 spaces. 4 continue operating this restaurant under the current -- 5 Human nature is going to tell you that where 5 current entitlement which would continue a parking for 6 it's reasonably convenient to park for free, you're 6 that use. 7 going to park for free as opposed to paying for 7 And with -- with this application we have the 8 parking. That's exactly what's going on. That's 8 opportunity to establish free parking. 9 exactly what's gone on, and under this particular plan 9 MR. BISSELL: It's a step in the right direction, 10 that's going to continue only at an increased rate to 10 COMMISSIONER ADAMS: Well, I mean what other step 11 the -- to the tenants, merchants of Via Lido Plaza. 11 would you suggest? Are we supposed to park the cars in 12 The -- the merchants, the tenants, Lido 12 the bay? 13 Partners, they do not -- this isn't an indictment of 13 MR. BISSELL: The parking has historically been 14 JP's. The uses contended, we would reserve comment on 14 inadequate at Lido Marino Village -- 15 that. There may be some concerns among the tenants, 15 COMMISSIONER ADAMS: Well, where -- 16 but I think the Jury's still out on that. 16 MR. BISSELL: -- from day one. 17 What the concern is that this plan is -- does 17 COMMISSIONER ADAMS: What's your solution? I mean 18 not take into consideration the legitimate concerns of 18 we're giving them free parking, which -- which should 19 the tenants, that it does not take into consideration, 19 put it on a relatively level playing field with the 20 does not address the burden that the tenants, the 20 free parking at your site. 21 merchants of Lido Plaza are bearing at this point, and 21 What else could be done here? Are you 22 not even taking -- not taking into considering, but 22 suggesting that the building be reduced in size? 23 certainly not addressing those. 23 MR. BISSELL: I think I could come up with a 24 And we would request that the Commission 24 number of proposals -- 25 reserve its consent, reserve its judgment on this until 25 COMMISSIONER ADAMS: Give me one. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 10, Page 371 [Page 391 1 MR. BISSELL: -- whether or not they would be 1 MS. TEMPLE: Right. 2 acceptable to JP's. Police -- they police the 2 COMMISSIONER GIFFORD: Okay. 3 patrons. They make sure that the patrons that come 3 MS. TEMPLE: But if -- if -- if they wish to 4 into their -- their establishment somehow hove some -- 4 proceed with the -- 5 have a parking voucher ticket that shows that they are, 5 COMMISSIONER GIFFORD: I understand. 6 in fact, parked in the parking garage, that they 6 MS. TEMPLE: -- approval, they have to alter 7 haven't just wandered in from across the street, and 7 (inaudible). _8 that's one proposal. That's off the top of my head, 8 COMMISSIONER GIFFORD: (inaudible). 9 If I was on the staff, I would sit down, and I 9 CHAIRPERSON: I'll re-open the public hearing. 10 would give it considerable more thought than that, and 10 MR, KING: Thank you, Mr. Chairman. Maybe I could 11 there may be several other proposals. But the burden 11 put some clarification on this. We were in agreement 12 should not be placed on Via Lido Plaza and Its tenants 12 and we can validate the parking for patrons who park in 13 to come up with a proposal. We can't. I mean it's 13 there, but as a part of the settlement agreement, which 14 a -- it's something that if the City invites us to do, 14 has not yet been signed, which is still negotiable, 15 we'd probably be happy to give you our input. 15 it's still open, we were unaware that there was a 16 CHAIRPERSON: Any other questions? Thank you. 16 clause in there requiring the Warehouse to pay a 17 MR. BISSELL: Thank you. 17 proportion of the share for the valet, and that was 18 CHAIRPERSON: Anyone else wishing to testify, 18 something that was negotiated under the terms of the 19 please come forward. 19 staff and with the waiver if, in fact, the planning 20 You know what? I'll close the public hearing 20 commission supports the waiver, we'd discussed that, 21 and bring it back to Commission for discussion. 21 and we need to go back and amend that so that they 22 COMMISSIONER GIFFORD: Mr. Chairman. 22 basically validate the parking. 23 CHAIRPERSON: Commissioner Gifford, 23 COMMISSIONER GIFFORD: Is there any distinction, 24 LOMMISSIONER GIFFORD: I'd just like to ask a 24 Mr. King, between the cost of the parking and the 25 couple more questions of staff that come to mind. 25 valet -- the valet service itself? [Page 381 [Page 401 1 Penny, you talked about an agreement that was 1 MR. KING: No, ma'am. The -- under the contract 2 under consideration, but then you talked about if the 2 that valet -- that the parking service has with Lido 3 conditions could be altered related to the business of 3 Marina Village, they will have to provide the valets. 4 parking and charges. Can you be a little clearer for 4 They'll handle all the parking. 5 me on what the situation is there? 5 What we were doing at the City's suggestion is 6 MS. TEMPLE: I -- I can't be fully definitive, 6 just trying to make sure that the structure is better 7 because some of the agreements are not completed yet, 7 utilized, and that means that we'll promote the idea 8 but there has been litigation and a settlement 8 that there's valet parking and people can't park there 9 agreement, private litigation and settlement agreement, 9 and that they -- they get their parking validated. 10 that does discuss the issue of parking related to this 10 COMMISSIONER GIFFORD: I just want to -- 11 particular building. 11 MR. KING: But there's no connection -- 12 We've been given draft copies of that. We're 12 COMMISSIONER GIFFORD: I understand that getting 13 not able to share them publicly, but should the 13 your parking validated doesn't mean you can still be 14 Commission elect to approve this application with the 14 charged for the valet. I want to make sure exactly 15 City's condition in regards to free parking for 15 what's being given here. 16 customers of this business, then it could require that 16 MR. KING: I understand. Mr. Chairman. 17 the owner go back and renegotiate some of these 17 CHAIRPERSON: Answer the question. 18 settlement agreements. 18 MR. KING: That -- that -- that was the confusion 19 COMMISSIONER GIFFORD: Okay. 19 we had. We -- our understanding was, because we went 20 MS. TEMPLE: And they would be required to do so 20 back to management and says, "Can we valet park? The 21 before they could implement the improvement. 21 City would like us to do that." And that was cleared 22 COMMISSIONER GIFFORD: You're saying that we -- the 22 for us to do. 23 condition that we're talking about, providing free 23 We went back and looked at the agreement and 24 parking, may be inconsistent with a settlement 24 found the clause in the agreement that says that the 25 agreement that has been concluded; is that right? 25 valets have to be paid. So since the agreement has not PRECISE REPORTING SERVICE (949) 833-9099 Ah Taken On May 7, 1998 [Sheet 11, Page 411 1W [Page 431 MW 1 been executed yet, we need to amendment that out or 1 when -- when their -- they pay their tab or whatever. 2 address that issue somehow on our part in agreeing to 2 They get their ticket validated. 3 the condition of approval. 3 COMMISSIONER ADAMS: Well, is there a minimum 4 That means in the interim period while they're 4 purchase to get your ticket validated? 5 doing a remodeling that we have to basically sign that 5 MR. KING: There's no minimum requirement. It's 6 agreement and provide a copy of that to the City 6 just -- we just want to make sure that somebody doesn't 7 showing that that issue has been addressed, otherwise 7 come in and exit and leave. That's why we're thinking 8 I'm assuming they wouldn't let us open. So -- 8 about putting in hourly. We don't want to validate for 9 COMMISSIONER GIFFORD: Thank you. I have another 9 all day parking. 10 question for staff. 10 COMMISSIONER ADAMS: Would you be opposed to a 11 MR. KING: Our intent is to make sure that people 11 condition that -- that requires that there's no 12 park there and validate. 12 purchase nec -- well, that there's no -- I guess it 13 SPEAKER: Can I ask Mr. King a question? 13 wouldn't be unreasonable a purchase would be necessary, 14 COMMISSIONER GIFFORD: Oh, yeah. 14 but (inaudible) a limit on it? 15 COMMISSIONER SELICH: I just want to restate this 15 MS. TEMPLE: We've just been sitting back. We're 16 just so there's no confusion. Conditions in the staff 16 just talking about this. The direct agreements that 17 report say that valet parking will be free. Parking in 17 Mr. King referenced did have a four hour limit. It 18 the parking structure will be free to the customer. No 18 seems to us that for the purpose of someone patronizing 19 time or no one hour validated (inaudible). That's your 19 a restaurant with some ancillary entertainment, that -- 20 understanding, and if this is approved, you'll agree to 20 that would accommodate the most occupancies, and -- and 21 that; is that correct? 21 so it would seem a reasonable limitation to allow. 22 MR. KING: That is correct, Mr. Chairman. We 22 COMMISSIONER ADAMS: Mr. Chairman, if I may. 23 actually give them four hours. The hope is that they 23 CHAIRPERSON: Commissioner Adams. 24 woulJ all (inaudible). 24 COMMISSIONER ADAMS: Would -- would a condition 25 They may also shop at other shops 25 requiring some kind of signage that indicates the (Page 421 [Page 443 1 (inaudible), but we're trying to make it -- we're 1 entrance to the parking structure with validation 2 trying to induce them to come and park with us. So 2 available at, you know, and then a list of certain 3 we're saying you've got four hours of validated 3 stores in the Plaza be unreasonable? 4 parking, and hopefully you'll come stay. 4 MS. TEMPLE: You know, I think that there actually 5 COMMISSIONER ADAMS: Mr. Chairman. 5 is a sign that (inaudible) validation there, whether 6 CHAIRPERSON: Commissioner Adams. 6 it's real or not. I think that type of sign and the 7 COMMISSIONER ADAMS: I have a question for the 7 en -- two entrances to the structure can be 8 applicant in a second, but did the -- I didn't read in 8 (inaudible). 9 the conditions that there was four hours. 9 COMMISSIONER ADAMS: I think that should be a 10 (inaudible) a question for the applicant under 10 condition that such a sign be maintained. and it could 11 what conditions are -- is the owner going to validate 11 include more than just this store. I mean it would 12 parking? In other words, if I go in and spend 50 cents 12 have to -- 13 on a video game, are you going to validate parking? 13 CHAIRPERSON: Do you have a question for Mr. King? 14 MR, KING: No. One of the reasons why we said, you 14 MR. KING: Mr. Chairman, can I just follow that up 15 know, and this is the discussion on our part to give 15 for a minute with Commissioner Adams? 16 four hours. We want to make sure that somebody doesn't 16 CHAIRPERSON: Quickly. 17 go in there and leave, You know, come in and have a 17 MR. KING: Yeah, I will quickly. With the 18 sandwich and then go out on their boat all day long. 18 validations, we have to pay -- the restaurant has to 19 Then they come back and take a parking space. 19 pay for the four hour validation. We're not in the 20 If they're going to come in an their boat and 20 position to validate for the whole Lido Marina Village. 21 park in the structure, they're going to pay for 21 I mean we're validating for four hours. If 22 whatever time they were in the structured. But we are 22 somebody come and eat and they want to go shopping or 23 assuming that if we can get a customer or customers in 23 they want to play games, we thought four hours -- in 24 our restaurant and they also play they game, that 24 the settlement agreement four hours was an adequate 25 they'll have a receipt, they'll bring the receipt 25 time, that it would be rather unjust to require one PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 [Sheet 12, Page 451 (Page 471 1 restaurant in the whole village in the whole shopping 1 encourage to park on the -- the parking lot. 2 area to validate for anyone who wants to park in the 2 As you know, you live in the area, most of 3 structure and go anywhere they want to go. That would 3 the restaurant help and the -- and the table service 4 be probably taking it a step beyond what would be 4 help and all that live in the area, and if you've been 5 reasonable to ask one person to do that. 5 down there any time in the last number of years, 6 COMMISSIONER ADAMS: I don't want to get into a 6 there's at least three, if not four bicycles parked 7 discussion here, but I mean it's free parking that 7 along the side, and a lot of people live in the 8 makes this even remotely viable in my mind, and I also 8 apartments in the area and they walk. 9 think that by having a large tenant required to have 9 We do have some number of people who drive, 10 validated parking, that it may encourage some of the 10 especially the students form the Orange Coast area. We it other stores in the village to do the same thing. 11 have a lot of college students who work, wait tables, 12 MR. KING: Oh, that's what you're saying. 12 and do valet -- or do table service and things of that 13 COMMISSIONER ADAMS: Yeah. 13 nature, but we try and get them to park off-site as 14 MR, KING: I understand what you're saying now. 14 much as possible. But the parking structure has never 15 COMMISSIONER ASHLEY: Mr. King, there was records 15 been fully utilized, never been filled, just the nature 16 made tonight to that 32nd Street parking lot. I have a 16 of the animal. 17 couple of questions relating to that. 17 CHAIRPERSON: Sheraton. 18 The Warehouse Restaurant or Lido Marina 18 SHERATON: Thank you. 19 Village owns 32nd Street Parking lot. 19 CHAIRPERSON: Commissioner Adams. 20 MR. KING: The 32nd Street Parking lot is under our 20 COMMISSIONER ADAMS: I have one more question. 21 control and by agreement with the office building next 21 Will employees be required to pay for their own 22 to the suite. We were trying to get office parking 22 parking? 23 off you know, employees parked off-site, and so we 23 MR. KING: No, sir. I don't believe -- 24 entered into a agreement with them that requires them 24 COMMISSIONER ADAMS: They'll be validated. 25 to park some of their employees off-site as opposed to 11 25 MR. KING: The employees now are not required to [Page 461 (Page 481 1 occupying spaces next to the retailer. 1 pay, to my knowledge. They're encouraged to park in 2 So it's a combination of usage which is 2 our off-site lots. 3 utilized by some of our maintenance people and some of 3 COMMISSIONER ADAMS: Would you -- would you be -- 4 the people in the office usage and just (inaudible) 4 would you stipulate to a condition where the employees 5 structures not fully utilized so that there's room for 5 had to have -- be provided free parking in that 6 people to park. 6 structure? 7 COMMISSIONER ASHLEY: And the second question is 7 MR. KING: All -- all heads shaking yes. 8 how many stalls are in the 32nd Street lot? 8 CHAIRPERSON: Okay. Any other questions for 9 MR. KING: Mr. Chairman, Mr. Ashley's got me. I 9 Mr. King while he's back up? I see none. 10 don't know the number of the spaces on 32nd Street. 10 Commissioner Adams, you had a question from 11 It's -- probably park 40 cars, maybe 60. Be a guess. 11 someone else at public hearing or not. 12 1 really don't know for sure. 12 Okay. I'll close the public hearing again. 13 SPEAKER: 61 (inaudible), 13 And, Commissioner Gifford, you -- 14 MR. KING: 61 somewhere in that area. 14 COMMISSIONER GIFFORD: I have another question for 15 COMMISSIONER ASHLEY: And then the next question 15 staff. With regard to I think the valet service 16 is of that 61 what percent does the Warehouse 16 operates initially on the street. Is there a 17 Restaurant have exclusive right? 17 requirement for any kind of a special permit to do 18 MR. KING: Half. 18 that? 19 COMMISSIONER ASHLEY: Approximately 30. 19 MS. TEMPLE: The City standard practices for the 20 MR. KING: Yes. 20 applicant is to submit a valet parking plan that's 21 COMMISSIONER ASHLEY: But you could have as many as 21 approved by Mr. Edmonston's division where they 22 60 employees on the night shift. 22 reviewed the staffing locations for drop-off, pick 23 MR. KING: We've -- traditionally what the 23 off -- pick up area, the numbers of valets serving the 24 restaurant has does is force the employees to the top 24 various hours of operation to make sure that the 25 floor, and we would continue to do that, that we didn't 25 operation operates smoothly. PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 13, Page 491 [Page 511 1 COMMISSIONER GIFFORD: Are there comments at each 1 consistent with what -- where the City was going and 2 of the locations in the city where the valet pick -- 2 something that had some firm controls on it. 3 drop-off and stacking is not a public street? 3 And we agreed to change this because, first of 4 MR. KING: Chairman and Commissioner Gifford, there 4 all, we thought in case the games did go, quite 5 are a number of places, offhand 21 Ocean Front, the 5 realistically you would want to take another look at 6 other restaurant down by the other bed and breakfast 6 it. 7 towards 23rd Street uses it, Lady Rich used to use the 7 Assuming that the original proposal with the 8 public street for their valet. 8 waiver for the 119 spaces was approved and the games 9 So there is a limited number. It's not very 9 went away, there's some question as to whether or not a 10 common, but it is limited where there is an on-site 10 restaurant of the size that you might wish to put in 11 opportunity, we prefer that, but sometimes we can't do it there would be a successful restaurant unless there was 12 that. 12 some separation for banquet room or something in any 13 COMMISSIONER GIFFORD: Thank you. 13 case. 14 COMMISSIONER ASHLEY: Mr. Chairman. 14 So I think all parties agree that the controls 15 CHAIRPERSON: Commissioner Ashley. 15 proposed by the staff alternative and the lesser 16 COMMISSIONER ASHLEY: I'm sorry. I had one more 16 parking waiver was something that had better control 17 question for Mr. King that Just occurred to me when I 17 and a better opportunity for us to work with the City 18 looked at my notes. 18 to do something that was realistic and to be able to 19 Mr. King, would you mind coming back up, 19 come back and tell you that it worked as opposed to 20 please? 20 taking the real longshot and maybe having something in 21 CHAIRPERSON: We will re-open the public hearing 21 our pocket for the future, but something that might not 22 for Mr. King. 22 have worked in any case. 23 COMMISSIONER ASHLEY: Thank you. I'm sorry. I 23 So we chose -- we chose to work with the staff 24 apologize. 24 and accept the proposal because it was a more realistic 25 Mr. King, it seems to me that when you propose 25 approach to what was actually being approached. [Page 501 [Page 521 1 your second alternative here, and you would propose 1 There are currently pool tables. There are 2 that there would be 3,492 square feet that would be 2 currently video games. There is currently live music. 3 occupied by the game area as opposed to your original 3 There's currently everything there now. We Just want 4 proposal of having 1,952 square feet. 4 to make sure that we had something that the City felt 5 MR. KING: I believe that was a staff alternative 5 was -- they had the control of and it would function 6 and not the applicant's. 6 for us as a viable business. 7 COMMISSIONER ASHLEY: That was not the applicant's 7 SPEAKER: Ms. Temple, I would think that based upon 8 alternative? 8 Mr. King's testimony tonight it would be more 9 SPEAKER: It Just seems to me that there's an 9 appropriate, wouldn't it, to say they'd rather have 175 10 enormous risk here to the applicant, because in the -- 10 parking stalls allocated to them in the parking 11 to the extent that the applicant would find somewhere 11 structure. He claims they also have exclusive right to 12 down the road that the video arcade game area was not 12 build parking stalls at the 32nd Street site. So in 13 economical and it would be better to convert it back 13 effect they have about 205 parking stalls available to 14 into an eating and drinking use, suddenly you could be 14 them. 15 anywhere from 49 to 119 parking stalls short, and at 15 MS. TEMPLE: The City itself is not aware of the 16 that moment before you could make the conversion, 16 second aspect, but if we were to discover some 17 according to the planning director, the applicant would 17 connection to that, I think the answer would be yes. 18 have to come back in and reapply, and if it's not 18 The second question would then be is it 19 approved, I mean that could really be serious. 19 actually being used by the restaurant? And I'm not 20 MR. KING: Well, Mr. Chairman, I think that's 20 sure that it is currently, but if a technique for usage 21 exactly why the staff did what they did. You know, 21 was also validated, then the waiver would be reduced 22 first of all, the realities of the waiver was of 22 even further, but there still would be a waiver 23 concern both to us and the staff and all of -- all of 23 requirement. 24 the parties concerned, including the applicant and the 24 MR. KING: Mr. Chairman, could I make a statement 25 owners of the property wanted to do something that was 11 25 of clarification on that? The parking is available for PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 14, Page 531 [Page 551 1 Lido Marina Village. It's not available exclusively to 1 CHAIRPERSON: Commissioner Gifford. 2 this restaurant. 2 COMMISSIONER GIFFORD: How many spaces to the west? 3 What the Lido Marina Village tries to do is 3 SPEAKER: I don't know the number. I would guess 4 get all of the restaurants and the maintenance 4 it's 12 or 15. 5 personnel whenever possible to utilize that lot. So 5 CHAIRPERSON: Commissioner Adams. 6 it's not for our use exclusively. 6 COMMISSIONER ADAMS: I -- I guess I'll start out by 7 So if we were to make that change, that would 7 saying I'm (inaudible) Lido Partners recommendation 8 mean we'd have to go back and negotiate that part of 8 that we not approve these parking -- or this parking 9 the settlement agreement, also. So we get the idea 9 waivers application. 10 that you'd like us to utilize it, but it would Just 10 I -- I think this is a unique opportunity. It 11 further complicate things. 11 looks like. I'm not involved by this. I have another 12 SPEAKER: (inaudible). 12 problem, but it looks to me like this is a unique 13 SPEAKER: Jerry. I want to clarify. The office 13 opportunity to solve a longstanding parking problem. 14 building that is there, they have a night club on the 14 A couple things could happen here: First, as 15 top of it, it is not part of the ownership of Lido - 15 I said before, we'd be taking a major tenant and 16 Lido Marina Village; is that correct? 16 requiring free parking which would -- should shift some 17 MR. KING: The same owner owns the high rise 17 of the parking demand to the area of the garage. 18 building -- 18 Second, we'd be reducing the net public area, 19 SPEAKER: That owns -- 19 restaurant area in the village significantly and 20 MR. KING: Yes. 20 thereby, you know, reducing any future uses of this -- 21 SPEAKER: -- Lido Marina Village. 21 of this permit in a more intense manner without a 22 MR. KING: That's correct. 22 public hearing. 23 VEAKER: Okay. But it is under -- never 23 And I just can't, you know, I've thought about 24 mind. 24 this, and I just can't think of any, you know, 25 MR. KING: Still under lease to Travel Max and 25 reasonable thing that could be done to improve the [Page 541 [Page 561 1 it's, you know. 1 problem that Lido Partners is having (inaudible). 2 CHAIRPERSON: Okay. Any other questions for 2 So I'll start off by saying those things. But 3 Mr. King that you can possibly consider (inaudible)? 3 then I'm -- I guess the staff reported to me -- I don't 4 Thank you. Mr. King. (inaudible) This will 4 feel like I have enough data to be confident that there 5 close the public hearing. (inaudible). 5 is enough parking available in this area to be waiving 6 SPEAKER: I have a question for staff. Maybe this 6 anywhere from 41 to 117 spaces (inaudible). 7 Is for Rich. There's a parking lot at central Via 7 There may well be enough, but we don't have 8 Oporto, but that parking lot as I saw it is somewhat 8 the data with that and, you know, the staff has made 9 constricted or the EOAC can use it. 9 some observations of the -- of the garage at a couple 10 SPEAKER: There -- 10 different times, but I think to convince neighboring 11 SPEAKER: In other words, we can't -- can't use 11 businesses and so on that there's real parking 12 that all hundred percent; is that correct? 12 available, we've done a study that shows the use, you 13 SPEAKER: Yes, Commissioner, for the extension of 13 know, buy a halt hour in that garage over, you know, 14 Central Avenue, the parking on the right-hand side as 14 Thursday, Friday, Saturday, and Sunday, and then try to 15 you drive towards the bay is -- remains public 15 factor it up to reflect, you know, summer busy 16 parking. The portion to the right of that between the 16 conditions. 17 Elks building and Central there is a lease that gives 17 The other thing we need to understand after we 18 the Elks Club exclusive right from I believe it's 6:00 18 know what capacity is available is what the present and 19 P.M. to 6:00 a.m. every night. 19 future demand is going to be for that garage. There's 20 SPEAKER: So those spaces would not be available, 20 two large uses that aren't being occupied right now. 21 but the spaces to the west would be available. 21 This -- this side and the back up or whatever it's been 22 SPEAKER: That's correct. 22 called. 23 SPEAKER: And all those spaces would be available 23 I mean we have a unique opportunity right now 24 before 6:00. 24 to -- to address this parking issue and convince 25 SPEAKER: That's correct. 25 ourselves that there's -- that or condition this PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 [Sheet 15, Page 57)' [Page 591 1 project to insure that there's enough parking in that 1 to consolidated into a single one. 2 immediate vicinity to keep both of those buildings from 2 There was a real problem with getting 3 becoming white elephants. 3 limousines to not wait all night for their customers, 4 I mean, if we use up all the parking for this 4 but the Lido Plaza was full. City Hall was full. The 5 project, then when somebody wants to come in and turn 5 surrounding streets were full. The lot on 32nd Street 6 back into a real business, they may be hindered by that 6 that's been mentioned as well as the church lot were 7 there isn't any parking available for them. 7 nearly full. 8 So I would prefer to have some -- some 8 And, again, at the some time there was the 9 additional data in the area of parking, and as has been 9 restaurant that's been -- I mean the nightclub that was 10 suggested look at what the demand on the garage is from 10 mentioned in the high rise at the same time. So there 11 the other businesses in the village and really see 11 was an awful lot of activity, but they weren't just 12 what's available in this area. 12 restaurants, you know, unfortunately. 13 The next thing with regard to Mr. Gregory's 13 COMMISSIONER FULLER: So if we -- if we crank both 14 comment, I, you know, I don't know what time frame 14 of these up, as Commissioner Adams suggested, we 15 that's going to fit into, I suspect that a continuance 15 could -- we could have a real problem in that parking 16 to do a parking study is not going to be enough to also 16 structure. 17 fold in the recommendations that E9AC will vote on that 17 COMMISSIONER ADAMS: Well, if -- if they got to be 18 will probably end up going either to this Commission 18 like, you know, the former operations where -- 19 and/or the city council. 19 CHAIRPERSON: Commissioner Adams. 20 And that's going to be a long, long process, 20 COMMISSIONER ADAMS: Yeah, Commissioner Fuller, I 21 Mr, Gregory. I mean after you make your -- have your 21 think I'm sure you caught that point that Mr. Edmonston 22 vote, then that's Just simply a recommendation of their 22 made that those uses weren't operating as restaurants, 23 body and, you know, we have to be fair to his business. 23 but when we had the opportunity to do a parking 24 We can't hold them up for eternity just because at some 24 analysis, you know, based on this use, this specific 25 point in time they decided to take on this noise issue. 25 use, which is not only a restaurant and some reasonable [Page 581 [Page 601 1 I mean I appreciate that it would be nice to 1 use for the old Baccus type. 2 be able to do it, but I don't think it's practical 2 The other thing that -- which would make me 3 here, So those are my initial thoughts. 3 even want to take a closer look at this even more is 4 COMMISSIONER FULLER: Mr, Chairman. 4 that if we're looking at free park for the garage, then 5 CHAIRPERSON: Commissioner Fuller. 5 it -- you know, if you're comparing the current 6 COMMISSIONER FULLER: Just a question for staff. 6 situation with -- with those past situations, this 7 On the -- when we had the two restaurants, the 7 makes it worse because now (inaudible) large tenant so 8 Thunderbird or Baccus and the Warehouse that were going 8 the demand for it can be even greater, So I would be 9 full blast, what was the -- what was the use of the 9 very supportive of (inaudible). 10 parking structure at that time? 10 CHAIRPERSON: Commissioner Ridgeway. 11 In other words, there we had mag optimum use. 11 COMMISSIONER RIDGEWAY: We have kind of a unique 12 Was there space in there or -- Commissioner Adams is 12 situation here. We have a major shopping center. We 13 mentioning a report. I think that would be great, but 13 have Marino Village that has its anchor tenant gone. I 14 what -- do you recollect what the status was? 14 would analygize it if the Plaza had Pavilions gone, 15 MR. EDMONSTON: Commissioner Fuller, at the peek 15 they would be hurting. 16 of activity I had the pleasure of being out there late 16 There are a number of tenants, and they've all 17 at night a couple nights, 17 written letters that basically supported the 18 COMMISSIONER FULLER: On official business? 18 application that's before us, and I think we need to 19 MR. EDMONSTON: Well, yes, I was. I normally 19 consider that. 20 don't stay up that late. The parking structure was 20 Secondly, the Plaza has had a problem in the 21 full to the point that cars were parked in aisles all 21 past. Mr. Edmonston just related what it was, and I 22 over the place. Every spot was full. 22 think as Commissioner Adams has said, we've gone a long 23 There were both -- for a while both operations 23 way toward mitigating that, number 1. 24 had independent valet operations. There were two of 24 Number 2, I would make the comment that if the 25 them out there didn't work very well. We did get them 25 Thunderbird application ever comes back, since their PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7,1998 [Sheet 16, Page 611 [Page 631 1 use permit is sunsetted, there that space will suffer 1 information to at least condition this probably at a 2 from whatever we're giving this tenant. 2 subsequent hearing the conditions are -- probably maybe 3 They may be -- there may be only enough 3 more conditions added. 4 parking for a thousand square feet, but I do agree with 4 As to Mr. Gregory's request, I agree with 5 Commissioner Adams. I think we need a greater summary 5 Commissioner Adams. That could take a year, and there 6 of the parking, and I'll tell you why. 6 are -- there is a significant commercial piece of 7 We had an application some time ago that got 7 property suffering and tenant suffering that need not 8 taken off the agenda for the bank building where they 8 suffer anymore, and so I think we are in a position to 9 were going to put in pool tables. I remember 9 balance everybody's interest, and again, we've gone a 10 specifically reading the parking requirement and the 10 long way toward that with the free parking. So -- 11 32nd Street Parking requirement. 11 If we can get a -- I don't know what they -- 12 We did have at one time, again, a night club 12 I would make a motion for continuance only for one 13 on top of that office building, and it had a valet 13 meeting. I think there is some urgency to move this 14 parking, and they used the 32nd Street Parking lot. I 14 along, but can you (inaudible) inventory of all the 15 remember that. I actually went to that place at one 15 parking (inaudible). 16 time. It was insanity. 16 MS. TEMPLE: Well, the staff reports for the next 17 There is the -- at nighttime, while it 17 meeting go out a week from tomorrow. So the question 18 shouldn't be incorporated into the overall analysis, I 18 would be are we looking for a professional parking 19 think at least addressing the parking (inaudible) in 19 study the way Commissioner Adams requested or a 20 the City Hall. City Hall is not open at night. I do 20 research on the permit history? 21 know, again, I patronize and shop at Pavilions and I do 21 COMMISSIONER RIDGEWAY: Patty, my suggestion, and 22 patronize Edwards theaters. Of late there's not been 22 if Commissioner Adams will bear with me, I know the 23 any parking problems, but certainly if there was, I 23 staff report that you guys present, and you're very 24 would park in the City parking lot at night. 24 good about inventorying everything. And all I'm asking 25 I am sensitive to the needs or to the past 25 for is an inventory of all the parking in the parking [Page 621 [Page 641 1 problems of Via Lido Plaza, but having said that, I am 1 garage, Via Lido -- Via Marina Village -- 2 supportive of the application subject to a review of 2 SPEAKER: Lido Marina. 3 the existing parking, and I think that is a good idea 3 COMMISSIONER RIDGEWAY: Lido Marina Village. Lido 4 so we can at least put everything on paper and when we 4 Marina Village, the office building, the bank building, 5 condition that thing, we have adequate information and 5 and the 32nd Street parking. And I know you have that 6 background. 6 and, you know, we've had so many applications through 7 I would also add that the conditions as 7 the years. 8 proposed -- I'm sure it was inadvertent, but number 8 8 So if you can one, give us that information, 9 says that the noise ordinance shall be applied, and it 9 and then generally the allocation of those parking 10 really only applies to the outdoor dining area. 10 spaces certainly as it relates to Via Marina Village. it I want to see an added condition that the 11 Did I say that right? Lido Marina Village. 12 noise ordinance shall apply to the entire project, to 12 SPEAKER: Commissioner, I was asking for something 13 the entire restaurant. 13 else. 14 SPEAKER: That's interesting. 14 SPEAKER: Looking for that and something else. 15 COMMISSIONER RIDGEWAY: But technically that -- 15 That's the capacity -- that's the demand study, and I'm 16 that is a loophole for -- for creating noise. So we 16 suggesting that we also understand what capacity is 17 have included a staff standard conditions and noise 17 available here today under the current tenant 18 ordinance that should apply not just to the upper 18 situation. And I don't -- can we condition the 19 dining, but to the entire restaurant in Its totality. 19 applicant to do that study? Can we ask them to? 20 Again, there have-not been complaints about 20 MS. TEMPLE: Uh-huh. Sure. 21 the Cannery in the past. It appears to be -- I mean to 21 SPEAKER: I mean if it's a matter of timing, I mean 22 the Warehouse. Excuse me. To the Warehouse. And it 22 maybe, you know, we can tell him that we can get this 23 was a well run up organization, and it appears based 23 thing on the next agenda if they can do -- have a quick 24 upon the operators that I'm aware of that it will be 24 study that would maybe look at a Friday and a Saturday 25 running well, but I think again we have to have better 11 25 night or, you know, a Thursday, Friday, and Saturday, I PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 17, Page 651 [Page 671 1 don't know. Whatever -- 1 information. I've been on this Commission for six 2 SPEAKER: You're talking about hiring a 2 years and we have, you know, George's Camelot. We 3 professional traffic -- 3 approved that. There was an expansion. There was a 4 SPEAKER: Yeah. 4 parking study in there. 5 CHAIRPERSON: Re-open the public hearing on this. 5 I mean this thing has been studied to death, 6 Mr. King just stepped forward. 6 and I'm sitting here with memory of how many parking 7 SPEAKER: Are you agreeable to this, Mr. King -- 7 spaces are in certain locations. 8 MR. KING: Thank you, Mr. Chairman. 8 So I mean really there is no reason to belabor 9 SPEAKER: -- (inaudible) in this decision? 9 this. It's in our files. It just didn't get put in 10 MR, KING: Well, I agree with part of it. We've 10 this report. So please, let's have a continuance and 11 had -- the period of time that I've worked on this 11 have this in the report. 12 center 15 or so years, we've had three professional 12 CHAIRPERSON: Let's get things back in order. 13 studies done of every nook, cranny, every line drawn on 13 SPEAKER: Just for clarification. 14 the floor, every ramp, and every level of every ramp 14 CHAIRPERSON: We've had enough clarification. 15 pretty thoroughly. 15 SPEAKER. Well, we're asking for a reduction in the 16 Now, there have been some tentative changes, 16 waiver. We have 175 spaces in the contract. You 17 and what -- and we think that the changes have been for 17 currently have 90 spaces waived. We still have 175 18 the better. Some of the areas that have traditionally 18 spaces, and we're asking for 41 to be waived. 19 been -- Magic Island and Thunderbird have all been 19 So we're asking for a reduction in the waiver, 20 converted to office uses. 20 and we still have 175 spaces by contract. 21 Then we tried to get architectures and people 21 CHAIRPERSON: Well, Mr. King, I think the tenure 22 like that, you know, large tables, things like that, so 22 of the Commission is to have this additional 23 we'vei reduced a large percentage of the (inaudible). 23 information, sir. 24 The second floor of the former nightclub is gone. 24 MR. KING: Okay. 25 We can do the uses. We can tell you the 25 CHAIRPERSON: Are you agreeable to providing it? [Page 661 [Page 681 1 people. We can tell you what spaces are out there. 1 MR. KING: Yes. If we can come back in two weeks, 2 The City already has that. I mean they've done that on 2 we'd be happy to do it. 3 numerous occasions. 3 CHAIRPERSON: You'd have to have it to the staff 4 SPEAKER: We're just talking about the specific 4 in a week to be back in two weeks. 5 demands. 5 MR. KING: We can do that. We'll work with staff. 6 SPEAKER: Mr. Chairman, let me -- 6 SPEAKER: Well, (inaudible). I'm sorry. 7 COMMISSIONER ADAMS: Okay. I'm not going to tell 7 MR. KING: (inaudible) again. 8 you how to do it. What I'm telling you is that I'm not 8 MS. TEMPLE: Well, I believe that staff to make a 9 comfortable approving this project, all right? There's 9 reasonable effort to try and compile the data using, 10 not enough data. 10 you know, both the applicant and our own resources, I 11 So you need to make a case that the parking 11 can't guarantee that we would have it done. We can 12 can be squared away in this area while at the same time 12 certainly try for the next meeting. 13 granting you a waiver of whatever, you know, anywhere 13 If the Commission wishes some professional 14 from 41 to 109 spaces. 14 parking analysis for like hour, or half hourly studies, 15 MR. KING: Uh-huh. 15 that cannot be done, because that would have to be 16 COMMISSIONER ADAMS: And, you know, if you can 16 conducted tonight, tomorrow, and Saturday and Sunday, 17 utilize old studies and put together a -- a convincing 17 and I don't know if anyone could get traffic 18 case using old studies or whatever, I don't care how 18 engineering under contract that fast. 19 it's done. I'm Just saying we don't have -- at least I 19 SPEAKER: (inaudible). 20 don't have enough information to make a decision on 20 SPEAKER: I think Commissioner Gifford had a 21 it. 21 comment. Or not? 22 CHAIRPERSON: Okay. Let's have Mr. (inaudible). 22 COMMISSIONER GIFFORD: Well, yeah. Mr. Chairman, 23 COMMISSIONER RIDGEWAY: I'll Just make a motion for 23 I just wanted to say that I think that it's an extreme 24 continuance, and please help me, Patty, either next 24 rush to get it done for the next meeting or whatever. 25 time or the following time, I know there's adequate 25 It's really kind of (inaudible) against everybody's PRECISE REPORTING SERVICE (949) 833-9099 Taken On May 7, 1998 [Sheet 18, Page 691 [Page 711 1 interest, because I think there's a strong feeling on 1 won't -- we won't put it on the shoulder of the staff. 2 the Commission that we -- we don't have enough 2 Just bear in mind that our primary tenant is closed so, 3 information. 3 you know, (inaudible) do the study would probably be 4 No matter how many studies have been done in 4 useful, too. 5 the past, we don't have the information. We want the 5 COMMISSIONER ADAMS: Well, that's why I 6 information, and we need it. They, you know, when I 6 suggested -- 7 think of issues like Asian Bistro where we have a 7 SPEAKER: We'll work with the staff, and we'll get 8 garage there that's not user friendly, I mean the 8 some professional people to help. 9 parking spaces are there to count, but they're not 9 SPEAKER: Okay. So we're talking about a two 10 used. And that place doesn't even charge for parking 10 meeting continuance then? 11 presently, and the spaces still aren't used. 11 SPEAKER: It's up to them. 12 So I mean we've got some factors here that we 12 COMMISSIONER GIFFORD: Is that -- do you -- you 13 need to look at. I would -- I personally would like to 13 don't have the information. 14 see I mean, for example, Commissioner Ridgeway is in 14 SPEAKER: I mean we're already hurting because it's 15 the same boat I am. He didn't even know for sure if 15 been closed so long, but we'll get some professional 16 the office building is part of what is Lido Marina 16 people so we can assist the staff to get all the 17 Village. 17 information they need. 18 I'd like to know exactly what's included in 18 SPEAKER: So the next meeting is what you -- 19 Lido Marina Village, what the parking demand would be 19 SPEAKER: Yeah, I think -- 20 if all of the spaces were used to the maximum parking 20 SPEAKER: The 21st? 21 demand use that's authorized presently under the Code 21 SPEAKER: -- if it can't be done, you under we'll 22 if they were the minimum, and then look at some kind of 22 have to continue it. 23 reasinable mix in what spaces are available, under what 23 SPEAKER: I understand. 24 conditions this 32nd Street lot is available. 24 SPEAKER: Then my motion is to continue it to the 25 Commissioner Ashley asked who owns it. The 25 next meeting. So we'll close the public hearing and [Page 701 [Page 721 1 response was we control it, but then I don't know what 1 now you can make your motion. 2 that means. I don't know what it means about how 2 COMMISSIONER RIDGEWAY: I'm sorry. Well, I was 3 long. Apparently it turns that it's a non-exclusive 3 just going to limit it or clarify.. I'll make a motion 4 use. 4 to continue it to the next meeting, and hopefully we'll 5 And I think there's a lot of information that 5 have that information (inaudible). 6 we have. And I would rather have the information so 6 COMMISSIONER GIFFORD: Mr. Chairman, before we just 7 that we just don't continue it again because we don't 7 vote on it, can I make a comment to the staff? It's 8 feel we have enough basis. 8 been said as a pact in this hearing that the use permit 9 So I personally would like to put the emphasis 9 for the Thunderbird location has sunsetted, and I'd 10 on getting the information. I appreciate that, you 10 like to know in the report that will be coming up what 11 know, you can't have this lingering out there for an 11 the basis for that statement is. 12 undue amount of time, but I think it it's two meetings 12 I mean we've -- we've had -- it's been revoked 13 away, it's better to have it do that than continue it 13 you said. So there's no question that -- 14 again. 14 MS. TEMPLE: Oh, the Thunderbird? 15 COMMISSIONER ADAMS: Mr. Chairman. 15 COMMISSIONER GIFFORD: Yeah. I mean it's not a 16 CHAIRPERSON: Commissioner Adams. 16 blue beat situation where it could be revived. Okay. 17 COMMISSIONER ADAMS: I won't belabor this, but I 17 Thank you. 18 think, you know, available parking, an actual count, 18 CHAIRPERSON: Okay. There's a motion on the 19 probably isn't necessary, and the demand this time of 19 floor. Is there any other discussion on the motion? 20 year is probably so far from the peak demand of summer 20 SPEAKER: Just one comment just for Commission, and 21 that it's difficult to make it meaningful. 21 I thank people in the audience. The reason for at 22 So if analysis is done based on, you know, a 22 least moving this along, there are a number of tenants 23 time of day analysis based on theoretical demand and 23 in the -- in Lido Marina Village, and they have stated 24 existing proposed land uses, that would be adequate. 24 that 50 percent of their business is down, and summer 25 SPEAKER: We'll get some ex -- expert help, so we 25 is coming. I think we need to help them out. PRECISE REPORTING SERVICE (949) 833-9099 Idalk Taken On May 7, 1998 [Sheet 19, Page 731 1 CHAIRPERSON: Okay. Call for the vote. All those 2 in favor raise your hand. Motion passes. 3 4 (WHEREUPON THE AUDIOTAPE OF THE CITY OF 5 NEWPORT BEACH PLANNING COMMISSION RE: JP'S OF NEWPORT 6 BEACH ENDED.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 R 24 25 [Page 741 1 STATE OF CALIFORNIA ) 2 ) ss 3 COUNTY OF ORANGE ) 4 I, Deborah J. Blanchet, C.S.R. Number 7644, do 5 hereby declare: 6 7 that, said audio tape of proceedings were 8 taken down by me in shorthand and thereafter reduced to 9 typewriting under my direction. 10 11 I further declare that I have no interest in 12 the event of the action. 13 14 I declare under penalty of perjury under the 15 laws of the state of California that the foregoing is 16 true and correct to the best of my ability. 17 18 Witness my hand this 12th day of June, 2001. 19 20 C.S.R. NO. 7644 21 22 23 24 25 PRECISE REPORTING SERVICE (949) 833-9099 t�EW PORT CITY OF NEWPORT_BEACH Application: ❑ Use Permit No. _ o� m COMMUNITY AND ECONOMIC DEVELOPMENT ❑ Planning Director's j� PLANNING DEPARTMENT z Use Permit No. C,�4�RNP 3300 NEWPORT BOULEVARD ❑ 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): FEES: APPLICANT(Print): CONTACT PERSON(if different): -a2, Mailing Address: 3 45o 0 i 0. o 1?o r'To Mailing Address: -�-R o t Co a- Av r +310 N 13e-�eyN Ck 9Z(,b3 Phone: 0i q Fax(R49)-12L `ti3Z Phone: (q,mj )b3r3z z Fax(qyn) -t2'L-` )3-1 Property Owner(if different from above LIP" Mailing Address: —Z 4�2 4; Phor ( i�71 Matz Faa(,/0 4/.- 7- '� PROJECT ADDRESS: '3>, s C) a oho y jCA Project Description(If applying for a variance, also complete attached form for required findings.): ivw V ►c e on A'o u•Se- y r f- A 'U ?L — C r.c, n g i Q c,*,C Co o.,,\ PROPERTY OWNER'S AFFIDAVIT (I)( --� � �� � pose and say hat(I am)(via-arethe ovine s)of the � p Y T property(ies)involved in this application. (I)('*)further certify, der penalty of p rjury,that the f regoing statements and answers herein contained and the information herewith submitte are in all respec true and co to the best of(my)(e ,) 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.. DO NOT COMPLETE APPLICATION BELOW THIS LINE 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 Appeal P.C.Hearing_ P.C.Action Date Appeal C.C. Hearing C.C. Action RECEpEPARTMEN 6 F\USERS\PLN\SHARED\1PORMS\USE-APP.DOC pLp NNING �F�JPQRT r.�Ep,Crl CITY QF MAY INN PSI \ AM 11121 � �'i456 . i r PART II: Project Data She* • Project Common Name: Application Number(s): J.P.'s of Newport Beach Project Address/Location: q",essors Parce Numbe s): ppc�l,1 o ff Parcel Map �3-11 esubaivision No.447 3450 Via Oporto,Newport Beach 92663 423 123 03 Legal Description(Attach on separate sheet,if necessary): P BK 63 PG 11 Par 1 Existing Land Use: Proposed Land Use: 110 Com, Restaurant 110 com Restaurant Zoning District: Land Use Designation: RSC - H etail and Service Commercial �-Existing r -.— Proposeo Development Zoning Code Development Requirement Lot Area(sf) 12,924 12,924 Lot Width(ft) Lot Depth(ft) Setback Yards Front(ft) Side(ft) Side(ft) Rear(ft) Gross Floor Area(st) 17,119 17,499 Floor Area Ratio Building Coverage(%) Building Height(ft) Landscaping(%). Paving(%) N/A Parking 175 175 Number of Employees 125 - 150 Total 40 - 50/shift Hours of Operation Number of seats 524 524 Dwelling Units 3 JAM 31 200*1 4:55PM UPBRH CRaSSRaRDS 1 f01911 P. I MY OF NEWPORT BEACH Application: (3 Use Permit No. COMMUNITY AND ECONOMIC DEVELOPMENT C1 Planning Director's PIMMNG DEPARTMENT TJW Permit No. 3300 NEWPORT BOULEVARD U G.P.AJAmendmentNo. t4EWPOxr BEACH,CA 92658 a variance No. (949)644.32W,FAX(949)644-3250 E3 PART I: Cover rage amlicablel.. FEES: ftjgg Qymmgn Namm(if APPLICANT(Print): CONTACT PERSON{if different}: BodA., Mai ling Address:. Ni4,0.�Or-4- CA- Phone-(6ji/9) Fax(941) 01-224�fo Phone:tj" ).115 0 --%I n Fax(94i) ;LSO-1 Tpp Property Owner(if different from above): -09-60. 46^ '3 Mailing Address J W. C 10. BeL 2-(P Phone: '3 1-S 145) b3 Fax(I'M) PROJECT ADDRESS: Project Description(If applying for a variance,also COMPICte attached form for required findings.): PROPERTY OWNER'S AFFIDAVIT (1)(We' Lo depose,and say that(I am)(we GM)fiv 6M*s)of the 1mipany(ies) involved in this application. (1)(We) further certify, wider penalty of perjury,that the fareping ed am in all sum to the tot( and answers Ivrein contained and ibe.information herewith SUbMid all (out)knowledge and belief. Ile a�040 to a* t0t( peat Signature(s) ent'rmy sis�t owner application. M-u-pt M sign for the owner if written auduizatim from the record owner is filed with Ow app PLEASE PROCEED To PART n OF THE APPLICATION DO NOT COMPLETE APPLICATION BELOW THIS LINE FOR PLANNING DEPARTMENT USE ONLY: Indicate Previous Modifications,Use Permits,Specialty Food Service Permits,etc. UP General Plan Designation: Zoning District:' Coastal Zone(YEY or NO Date Filed: � � Fee Pd: `!3 C: Receipt No: C to� P-. Date Deemed Complete: Hearing Date: Posting Date: Mailing Date: Planning Director Action Date Appeal P.C.Hearing P.C.Action Date Appeal C.C. Hearing C.C.Action F\USERS\PLN\SHARED\1 FORMS\USE-APP.DOC PART II: Project Data She Project Common Name: Application Number(s): Project Address/Location: Assessors Parcel Number(s): Legal Description(Attach on separate sheet,if necessary): Existin Land Use: Proposed L d Use: A At Zoning District: Land Use Designation: Existing Proposed Development Zoning Code Development Requirement Lot Area(sf) 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(%) N/A Parking Number of Employees Number of seats Dwelling Units Hours of Operation FAUSEMPLAMSHAREMI FORMSU PRODATA.DOC 3 • Campbell, James From: Barry Hammond[bjhammond e@ jba-aslan.com] Sent: Tuesday, December 11, 2001 8:53 AM To: Campbell,James Subject: RE: Newport fish co I think we are ok--- sorry for the confusion---- let's see if the boat parade keeps the place a float--(I know-- bad pun)-- another item that came up was the fact that we only have had simple night time entertainment-- and we did sound analysis for that---for cost reasons we didn't want to pay to have a "metal drum band" or other band come play just for the noise study-- cost is a big issue right now---- I agree early Jan- we close or go to hearing-- Newport Fish Co agrees-- Barry -----Original Message----- From: Campbell, James [mailto:JCampbell@city.newport-beach.ca.us] Sent: Tuesday, December 11, 2001 8:49 AM To: 'Barry Hammond' Subject: RE: Newport fish co Barry, I understand the dilemma that you are in. You are right, the noise study is the last thing needed besides a couple copies of the revised floor plan. If you close, I suppose that they will not be necessary. If you don't close, the sooner I get the items the better. I recall our last conversation a bit differently and I was unaware of any misunderstanding. As you can see, we have two possible tracts for resolving the case. If you choose to close, it is almost a moot point. That is why we will wait till early January to see how things shake out. . .the door is still open. Good luck with the holiday season. . .the boat parade may be your salvation. Keep the neighbors happy. Do you need anything else? Jim -----Original Message----- From: Barry Hammond [mailto:bjhammond@jba-aslan.com] Sent: Monday, December 10, 2001 8:25 AM To: Campbell, James Subject: RE: Newport fish co James--I do believe that the noise study is the last item you have requested--- however-- 9-11 devasted our business as it did to many--- I frankly don't know if we survive after the 1st and don't want to spend the money if we don't have to-- we were prepared to take our hit in November--based on what you told us-- and never heard another word--- Since we have gone this far-- it only makes sense to not spend any more money than necessary---- Let me now Barry PS--- it is news to me that we were one a revocation track--- I was under the assumption that we were under a modification track--- 1 i • • Barry -----Original Message----- From: Campbell, James [mailto:JCampbell@city.newport-beach.ca.us] Sent: Friday, December 07, 2001 5:32 PM To: 'Barry Hammond' Subject: RE: Newport fish co Barry, We held off with November 8th due to your progress with the noise study. It appeared that you were moving forward and we wanted to give you the opportunity. However, our patience is waning as you might expect. You should recall from our last conversation that the alternative to proceeding with your incomplete application is to finalize the revocation proceeding. We were decided upon the revocation tact when you changed the 2nd floor plan and that the completion of the noise study was nearing. I spoke with Bill Lawson today about the status of the noise study. It appears that it won't be completed anytime soon. Is that your assessment? The noise study is the last remaining component of your application; however, I also need additional copies of the revised floor plan you submitted (8 large format and 12 reduced to 11" x 17") if you plan to proceed. If you can get me the plans sooner, we won't have to delay if an when the noise study is completed. Let's set up a meeting during the first week of January, unless you have an update before then. Y don't think this "limbo" status of the application and revocation can continue any longer than mid-January. . .meaning, you will need to complete the application and proceed with it diligently or we will finalize the revocation process. If you need further clarification, let's set up a meeting next week to discuss the matter. Jim Campbell Senior Planner 949-644-3210 -----Original Message----- From: Barry Hammond [mailto:bjhammond@jba-aslan.com] Sent: Friday, December 07, 2001 11:26 AM To: James Campbell Subject: Newport fish co James-- Randy has been out of town and is now tied up for a few days- so we haven't talked--- We thought we were going to hearing on Nov 8--eventhough we didn't have the sound stuff--- but that obviously wasn't the case--- Short version-- 9-11 may have put us under-- we won't know until after we see what the Holidays do--- but we may have to close in January--- if so all is moot---My suggestion is to hang on until mid- January---and see if they really can make it or not--- Trust all is well with you--- Barry 2 Campbell, James From: Campbell,James Sent: Friday, December 07,2001 5:32 PM To: 'Bang Hammond' Subject: RE:Newport fish co Barry, We held off with November 8th due to your progress with the noise study. It appeared that you were moving forward and we wanted to give you the opportunity. However, our patience is waning as you might expect. You should recall from our last conversation that the alternative to proceeding with your incomplete application is to finalize the revocation proceeding. We were decided upon the revocation tact when you changed the 2nd floor plan and that the completion of the noise study was nearing. I spoke with Bill Lawson today about the status of the noise study. It appears that it won't be completed anytime soon. Is that your assessment? The noise study is the last remaining component of your application; however, I also need additional copies of the revised floor plan you submitted (8 large format and 12 reduced to 11" x 170) if you plan to proceed. If you can get me the plans sooner, we won't have to delay if an when the noise study is completed. Let's set up a meeting during the first week of January, unless you have an update before then. I don't think this "limbo" status of the application and revocation can continue any longer than mid-January. . .meaning, you will need to complete the application and proceed with it diligently or we will finalize the revocation process. If you need further clarification, let's set up a meeting next week to discuss the matter. Jim Campbell Senior Planner 949-644-3210 -----Original Message----- From: Barry Hammond (mailto:bjhammond@jba-aslan.com] Sent: Friday, December 07, 2001 11:26 AM To: James Campbell Subject: Newport fish co James-- Randy has been out of town and is now tied up for a few days- so we haven't talked--- We thought we were going to hearing on Nov 8--eventhough we didn't have the sound stuff--- but that obviously wasn't the case--- Short version-- 9-11 may have put us under-- we won't know until after we see what the Holidays do--- but we may have to close in January--- if so all is moot---My suggestion is to hang on until mid- January---and see if they really can make it or not--- Trust all is well with you--- Barry 1 ASL* A N g COMPANIES A a venture October 22,2001 W.James Campbell Senior Planner City of Newport Beach 3300 Newport Blvd Newport Beach,Ca. 92658 Subject:Use permit 3626 Dear James: In follow up to a recent discussion, I am enclosing 1 each replacement sheet for the above referenced permit—(Sheets-A1.0 and A2..1 the other sheet is un changed). As you see,we have converted the rear area into dry storage thus reducing the net public area by 870 sq. ft. Our new net public area is 10,209 sq. ft.with the 2nd floor amounting to 4,686 sq. ft. This new calculation amounts to a.xeduction of 1,484 actual sq. ft. from the existing permit. If this plan meets your criteria,please advise and we will provide the copies needed for the planning hearing. Finally,I understand the Bill Lawson of Urban Crossroads has contacted you and the parameters of the sound study should be complete this week. Thank you for you assistance. RECEIVED BY PLANNING DEPARTMENT Sincerely, CITY f)c nls=i�,�^c-r rz-A-t. AM OCT 2 4 2001 PM ond ?'18191101111124013141316 amm 41 Corporate Park,Suite 210, Irvine,CA 92606 Telephone:949/250-7117 Fax:949/250 7116 Page 1 of 1 • is Campbell, James From: Campbell, James Sent: Wednesday, October 10, 2001 11:42 AM To: 'clubhouseaveresidents@hotmail.com' Cc: Ridgeway, Tod;Temple, Patty Subject: Newport Fish Company I have received your e-mail sent to Tod Ridgeway and Ginger Varin. It has been placed in the file and is part of the administrative record. It will be reviewed by the Planning Commission and/or City Council in conjunction with future public hearings on the project. You indicate in the e-mail that a public hearing is planned for October 18th. There was discussion regarding a possible hearing on this date, but no hearing has been scheduled at this time. A hearing is likely in November or December. I will forward to you any future notice of hearings. If you have questions at all, please call me at (949) 644-3210. Jim Campbell, Senior Planner Planning Department 10/10/2001 Campbell, James • From: Varin, Ginger Sent: Tuesday,October 09,2001 7:39 AM To: Temple, Patty Cc: Campbell,James Subject: FW: Dance club permit request FYI, Ginger -----Original Message----- From: Richard Flory [mailto:rwflory@yahoo.com] Sent: Sunday, October 07, 2001 3:10 PM To: teidgeway@city.newport-beach.ca.us; gvarin@city.newport-beach.ca.us Subject: Dance club permit request Dear Sirs: I am writing this brief email to register my opposition to the request by the Newport Fish Company (NFC)for a nightclub/dancing permit. I was made aware of this pending request through a flyer left on my porch by a neigbhor, but am unable to attend the Planning Commission meeting on Oct. 18, as I teach a class on Thursday evenings and don't return home until well after 10pm. I am, I must say, dismayed that neither the city nor the Newport Fish Company was able (or inclined) to inform residents near the restaurant of the upcoming vote on this matter by the planning commission. As I said, I am in opposition to granting the request by the Newport Fish Company restaurant for a nightclub/dancing permit for the following reasons: 1. The current management/ownership of NFC is the same as the management/ownership of the previous club on ghat site, BUZZ, which adversely affected our neighborhood (Finley Tract) . 2. Our previous experience both with BUZZ and its patrons was miserable. We could hear the music from the nightclub into the early morning hours; night club patrons parked all over our neighborhood--instead of the 4 story parking structure next to the club--taking up scarce parking spaces, leaving behind their empty beer cans/bottles; loudly parading through our neighborhood both on their way to the club and (worse) on their way home, around 2 or 3 in the morning, when they were well under the influence of alcohol. Patrons were also known to urinate throughout our neighborhood on several occasions. This both makes for a loud nuisance and a dangerous and unsanitary situation in our neighborhood. 3. Currently, we are regularly awakened around 3-4am Saturday and Sunday mornings by sounds emanating from Via Lido Village, in the vicinity of the NFC, of bottles being emptied from one container into another, presumably cleaning out all the empty beer/wine/liquor bottles they have emptied on those nights. Each time I have ventured over there to ask when who cleans out their empty bottles at that time of the morning, 1 everyone denies that it is•eir establishement that is responsible. Whether or not it is NFC, the point is that we already have a situation that is unsatisfactory in terms of after hours noise coming from that area--a new dance club would only make matters worse. 4. The current management/ownership stated in a Daily Pilot article announcing the opening of NFC, that they were brought in to •close down BUZZ• and that NFC was going to be an upscale dining establishment. Their request now is clearly at odds with those statements. In short, why should the well-being, safety and quiet of our neighborhood be sacrificed because the management/ownership of NFC wrote a bad business plan and have apparently poorly executed said plan? I'm certain that representatives of NFC will assure you that they will be a good neighbor, that their patrons will be quiet, etc. All evidence from the past however, is contrary to such claims, and there is no way that NFC can police the activities of their patrons outside of their club. Please deny the request by the Newport Fish Company for a nightclub/dancing permit. It will negatively impact our neighborhood, and we'll have to try to shut it down after the fact, rather than taking control of the situation before it is allowed to get out of control Thank you for your attention to these concerns. Richard W. Flory 617 Clubhouse Ave. , Newport Beach, CA 92663 �. (949) 675-3505 r Do You Yahoo!? NEW from Yahoo! GeoCities - quick and easy web site hosting, just $8.95/month. http://geocities.yahoo.com/ps/infol 2 J ASLWAN B COMPANIES I N C O R P O R A T E D A J 0 1 N T VENTURE September 6, 2001 RECEIVED BY PLANNING DEPARTMENT Mr. James Cambbell CITY Senior Planner City of Newport Beach p SAP 6 LU�� NI PN1 3300 Newport Blvd Newport Beach, Ca. 92660 71�II��I�tl i SUBJECT: Newport Fish Co. Use Permit#3626 Dear Mr. Campbell, Please fine enclosed the parking analysis requested. It clearly shows sufficient parking for our request. If you have any follow up questions, please direct them to our consultant, Mr. Bill Lawson of Urban Crossroads. Sincerely, B ammond Cc: Randy Teffetell r Hospitality Ma agement Group 41 CORPORATE PARK, SUITE 210 • IRVINE, CA 92606 TELEPHONE: 949/2SO-7117 • FAX: 949/250-7116 L f • • RECEIVED EY PLANNING DER; RTI�IFNT m CITY f/ C)F �� `P1l�('� 1 r4(�•H�.dH September 5, 2001 ' e AM SEP 0 6 2001 PSI 71819 i1011111211,213141516 Mr. Barry Hammond " JBA ASLAN COMPANIES, INC. a 41 Corporate Park, Suite 210 Irvine, CA 92606 ey Subject: Newport Fish Company Parking Study Dear Mr. Hammond: 3 INTRODUCTION The firm of Urban Crossroads, Inc. has prepared a parking study for the proposed expansion of Newport Fish Company located north of Via 'Oporto and east of Central Avenue in the Lido Village area in the City of Newport Beach as shown on Exhibit A. The proposed expansion would increase the net public area from 9,236 square feet to 11,079. The purpose of this analysis is to confirm that there is sufficient parking to accommodate the additional 1,843 square feet of net public area at the Newport Fish Company. EXISTING USE PERMIT v The original Warehouse Restaurant contained 9,236 square feet of total net public area with an additional 2,457 square feet of floor area occupied by games. This accounted for a total of 11,693 square feet of e floor area. The original Use Permit Number 3626 (included in Appendix "K) calculated the total area (including games) as 11,760 square feet with required parking of 236 to 392 spaces using the Newport Municipal Cade Parking Regulations for restaurant uses. In addition, the Use Permit identified 200 available parking spaces from 11:00 a.m. to 6:00 � p.m. and 1<75 spaces after 6 p.m. Recognizing that the Municipal Code Parking requirement of 1 space per square feet is conservatively high, the City of Newport Beach � recommended a waiver of 119 parking spaces for a total floor area of '11,760 (including the game area). This recommendation was Incorporated in the approved Warehouse Restaurant with parking for a f totat o175 vehicles. i 3 t Mr. Barry Hammond JBA ASLAN COMPANIES, INC. September 5, 2001 Page 2 EXISTING PARKING AVAILABILITY At the request of the City of Newport Beach, parking counts were taken during peak demand to assess the parking availability at Lido Village Parking Structure. No additional counts were requested by City Staff. A hand count of the Lido Village Parking Structure indicates an availably of 360 total spaces. With the use of Valet Parking this total number of spaces could increase to 395 through better parking utilization of the top floor. The weekday parking survey was conducted on Thursday, August 23, 2001 beginning at the lunch time hour of 12:00 noon and continuing through dinner and to the nighttime hours of 10:00 p.m. The results of the weekday parking survey presented on Table 1 suggest that during the peak 15-minute period of 3:00 p.m. the Lido Village Parking Structure serves 161 vehicles. This indicates that 199 spaces are vacant during the peak weekday parking demand period. An additional weekend parking survey was taken on Saturday night August 25, 2001 from 7:00 p.m. to 11:00 p.m. The Saturday night parking survey includes the parking associated with the 4 charter boats that departed that night. Table 2 shows that the peak weekend parking demand at 267 vehicles during the 8:15 p.m. survey. This still provides a parking availability of 93 vehicles. PARKING ANALYSIS The proposed expansion of Newport Fish Company will add 1,843 square feet of net public area. Using the City of Newport parking code of 1 space per 40 square feet this would equate to a requirement for an additional 46 parking spaces. With a peak weekday parking availability of 199 spaces and a weekend availability of 93 spaces, there is sufficient parking capacity for the proposed expansion of the Newport Fish Company. Urban Crossroads, Inc. is please to assist JBA ASLAN COMPANIES, INC. on the Newport Fish Company parking study and we look forward to working with you again in the future. If you have any questions regarding this proposal, please give me a call at (949) 660-1994. Sincerely, URBAN CROSSROADS, INC. Bill Lawson, AICP Associate JN:00317-01 Attachment APPENDIX A USE PERMIT NO. 3626 • i EXHIBIT A LOCATION MAP �P �O JQ PACIFIC COAST HWy, SITE m OCL 0 z p d NEWPORT FISH COMPANY,PARKING ANALYSIS,Newport Beach,California-00317:01 URBAN cnossao.aos TABLE 1 WEEKDAY PARKING DEMAND (THURSDAY,AUGUST 23,2001) NUMBER OF PARKED TIME CARS VACANT SPACES PARKING UTILIZATION' 12:00 PM 150 210 42% 12:15 PM 145 215 40% 12:30 PM 142 218 39% 12:45 PM 143 217 40% 1:00 PM 146 214 41% 1:15 PM 146 214 41% 1:30 PM 147 213 41% 1:45 PM 147 213 41% 2:00 PM 152 208 42% 2:15 PM 158 202 44% 2:30 PM 156 204 43% 2:45 PM 161 199 45% 3:00 PM 161 199 45% 3:15 PM 152 208 42% 3:30 PM 150 210 42% 3:45 PM 144 216 40% 4:00 PM 146 214 41% 4:15 PM 143 217 40% 4:30 PM 141 219 39% 4:45 PM 137 223 38% 5:00 PM 133 227 37% 5:15 PM 127 233 35% 5:30 PM 117 243 33% 5:45 PM 109 251 30% 6:00 PM 98 262 27% 6:15 PM 95 265 26% 6:30 PM 93 267 26% 6:45 PM 91 269 25% 7:00 PM 88 272 24% 7:15 PM 79 281 22% 7:30 PM 82 278 23% 7:45 PM 79 281 22% 8:00 PM 74 286 21% 8:15 PM 67 293 19% 8:30 PM 57 303 16% 8:45 PM 54 306 15% 9:00 PM 52 308 14% 9:15 PM 51 309 14% 9:30 PM 49 311 14% 9:45 PM 49 311 14% 10:00 PM 45 315 13% ' Expressed as a percentage of the overall parking availability of 360 spaces TABLE 2 WEEKEND PARKING DEMAND (SATURDAY,AUGUST 25,2001) NUMBER OF PARKED TIME CARS VACANT SPACES PARKING UTILIZATION' 7:00 PM 211 149 59% 7:15 PM 246 114 68% 7:30 PM 251 109 70% 7:45 PM 256 104 71% 8:00 PM 265 95 74% 8:15 PM 267 93 74% 8:30 PM 261 99 73% 8:45 PM 237 123 66% 9:00 PM 232 128 64% 9:15 PM 227 133 63% 9:30 PM 215 145 60% 9:45 PM 207 153 58% 10:00 PM 178 182 49% 10:15 PM 147 213 41% 10:30 PM 136 224 38% 10:45 PM 76 284 21% 11:00 PM 67 293 19% ' Expressed as a percentage of the overall parking availability of 360 spaces APPENDIX A USE PERMIT NO. 3626 APPENDIX A USE PERMIT NO. 3626 fi VICINITY MAP 000000* til �Nr�r` �• � � l� 3 f Y �.Ar Ir -r frirrK IN d �. �� •' ('fir l y B \% \ o Use Permit No. 36261 Characteristics of the Proposed Operation Su iw Property and sLrro�ndinQ I��d LJses Current Development: is the existing Warehouse restaurant To the north: is the Elk's Club To the east: is Newport Bay r To the south: is a small restaurant and retail shops To the west: across Via Oporto is the previous Thunderbird Restaurant and the Lido Marina Village Parldng Structure Use Permit No 3626 Page/ Characteristics of the Proposed Operation Existing Proposed Restaurant Operation Restaurant Operation Gross Bldg Area(sq.ft.): TOTAL: 17,119 sq.ft. 17,119 sq.ft. Net Public Area(%of space : Interior: 8,382 sq.ft. 7,571 sq.ft. (44%of GBA) Outdoor Patio Dining: 2,237 sq.ft. 2,237 sq.ft. (13%of GBA) SUBTOTAL 10,619 sq.ft 9,808 sq.ft. Other area: Restroom,kitchen, storage and service areas: 6,500 sq.ft. 5,359 sq.ft. (31%of GBA) Floor area occupied by games: n/a 1,952 sq.ft. TOTAL AREA(net public area including area of games): 10,619 sq.ft. 11,760 sq.ft. (area used to Alto determine parking) Parking Provided: 200 spaces; 11:00 a.m.to 6:00 p.m., 200 spaces;11:00 a.m.to 6:00 p.m., daily, 175 spaces after 6 p.m. daily,175 spaces after 6 p.m.Monday Monday through Friday;and all day through Friday;and all day Saturday, �qf y° Saturday,Sunday and holidays Sunday and holidays Required Parking for restaurants' Nd (1/30 to 1/50 sq.ft.of"net public 213 to 354 spaces 236 to 392 spaces area") 5 Allocated to Subject Restaurant: 175-200 spaces 175-200 spaces Allocated to other uses on-site:(Lido Village) 220 spaces 220 spaces TOTAL: 395 spaces 395 spaces Staff Recommendation: 175 spaces 175 spaces 10,619 sq.ft.net public area 11,760 sq.ft net public area. (no area dedicated to games) (including area of games) (waiver of 90 spaces if parked at WAIVER OF 119 PARKING 1/40 sq.ft.n.p.a.) SPACES(if parked at 1/40 sq.M n.p.a.) Live Entertainment:(indoor/outdoor) YES YES Dancing: (indooronly) YES YES Valet Parking Service: YES YES Number of Employees: (15-40 daytime,20-60 evening shift) Hours of operation: 11:00 a.m.to 2:00 a.m.Monday 10:00 a.m.to 2:00 a.m.,daily through Saturday,10:00 a.m.to 2:00 a.m.Sunday Z Area devoted to waiting and dining within the facility. 'Based on the requirementsof the Newport Beach Municipal Code Regulations Use Permit No 3626 Pagpl,-Ar NEWPORT BEACH POLICE DEPARTMENT August 29, 2001 TO: James Campbell, Staff Planner FROM: CSO Kim Reilly SUBJECT: JP's of Newport Beach At your request, our office has examined the project review request for JP's of Newport Beach located at 3450 Via Oporto, Newport Beach. The applicant is applying for a new Use Permit to allow full service restaurant with accessory banquet use. The location has been renamed The Newport Fish Company. The restaurant targets locals and tourists for customers. However, we do have concerns regarding this proposed type of use. It appears to us that the during the late night hours the proposed characteristic of the establishment will more closely resemble a nightclub operation. Based on our previous experiences with similar establishments- including this location - nightclub operations can likely result in an increase of police related activities. For Police services information refer to the attached report by Crime Analyst Paul Salenko. 1. Sims and Displays: Any new signs for the location will be required in order to comply with city conditions as to sign type, size and location. 2. Hours of Operation: According to the information provided by the representatives of JP's of Newport Beach there will be no change in the current operating hours. 3. Preventive Design: The Police Department has no recommendations. 4. Security: The Police Department requires an updated Security Plan approved by the Police Department prior to implementation. Additional Comments: For the purposes of this application, you may want to consider establishing conditions that would require the following: 5. The hours of Operation shall be limited to 10:00a.m. to 2:00 a.m.with full menu service available at all times. Hours of operation are typically limited on a CUP. Per The Department of Alcohol Beverage Control, alcohol cannot be served between the hours of 2:00 a.m. and 6.00 a.m. The hours of operation should also be limited to prevent the use of the location as an "after hours"club. 6. There shall be no on-site radio, television, video, film or other electronic media broadcasts, including recording for broadcast at a later time, which include the services of alcoholic beverages, without first obtaining an approved 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 a third party or contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. This condition would allow review by the city and the Police Department prior to a large event in order to make sure proper event security and ABC laws and regulations are followed. For example, the former "Buzz"hosted a party with a known radio announcer who drew a very raucous crowd at this location and others, where the fans have exposed their breasts for attention. 7. Outside promoters of any kind shall be prohibited. The addition of promoters would change the operational characteristics of the business from a restaurant to a nightclub. This in turn would generate increased noise, congestion,parking and police calls for service to the area. Restricting the use of outside promoters reduces the number of events that often draw a larger than capacity crowd to the location. 8. Security shall be provided, and the applicant shall submit a security plan for the restaurant to be approved by the Police Department. A review of the security plan by the Police Department is necessary to confirm adequate security staff is available when the location is at full capacity during the peak hours of operation. 9. No portable bars. Because of the large size of the location and the very large bars available on both the upper and lower portions of the restaurant there does not appear to be a need for portable bars. Portable bars can contribute to excessive alcohol consumption. 10. There shall be no reduced price drink specials. Restricting reduced price drink specials or "Happy Hour" is a common ABC condition used by the Police Department to discourage over-consumption. Because of the high concentration of restaurants and bars in the area, we believe drink specials would contribute to a higher number of alcohol-related arrests. This can be demonstrated by the already high percentage of alcohol related arrests.(37.66%). Refer to the attached report by Crime Analyst Paul Salenko. 11. A Special Event limitation. Restricting the number of events to 6 per year, or what is deemed appropriate according to the Planning Department, would prevent the location from having an excessive number of events. 12. Dancing and live entertainment shall be permitted only in accordance with a Caff Dance Permit and Entertainment Permit. Required per Title S of the Newport Beach Municipal'Code. 13. Dancing and entertainment shall be limited to no more than 432.sq. ft. on the second floor only,including the banquet area. By limiting the areas available for dancing and entertainment, our personnel can more accurately monitor this and discourages three different possible music sources and types of music from occurring at one time within the location. 14. Outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m, daily, and the entertainment shall be limited to non-amplified acoustical instruments only with two performers maximum. No sound amplification, brass or percussion instruments shall be permitted at any time. This condition reduces the noise coming from the location and possibly disturbing area residents across the bay or at nearby businesses. It has been our experience with establishments located in similar bay front properties that loud talking and music will carry across the bay and disturb nearby residents. This will result in increased disturbance-related calls for service to the police department. The Police Department has received a noise complaint since the interim agreement was prepared. This was music coming from INSIDE the location. 15. Indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m. only and that noise from the proposed live entertainment shall be confined to the interior of the building, and further the doors and windows to the facility shall remain closed whenever live entertainment is performed within the restaurant facility. We are concerned that noise generated from within the establishment would disturb nearby residential areas. (Refer to our comments under number fifteen, which are also applicable to this condition) f 16. There shall be no exterior advertising of any kind or type,including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages, which are clearly visible to the exterior,shall constitute a violation of this condition. Regardless of any specific advertising needs of this establishment, we are not aware of any other restaurants in the area that are allowed to have exterior advertising for alcoholic beverages. This area has a high concentration of alcoholic beverage outlets. Such promotional displays and exterior signs could negatively impact the area by encouraging alcohol-related offenses and calls for police services. 17. No amplified music on the patio except for ambient background music. This condition reduces the noise coming from the location and possibly disturbing area residents across the bay or at nearby businesses. The Police Department has received a noise complaint since the interim agreement was prepared. This was music coming from INSIDE the location. 18. No portion of the premises shall be deemed to be "private" for the purpose of dispensing alcoholic beverages to selected patrons. In no case, shall the licensee recognize any form of membership cards, keys or passes which would entitle the holder entry or preferential admittance, service or exclusive use of any portion of the mentioned premises." Private club areas as referenced above create operational characteristics that would be difficult for the police department to monitor. 19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records that separately reflect the gross sales of food and the gross sales of alcoholic beverages of the business. Such records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. This is a common condition applied to Type 47 licenses in order to confirm the location is operating as a "Bona Fide"On-Sale General Eating Establishment(Restaurant). 20. No alcoholic beverages sold on the premises shall be consumed on any property adjacent to the licensed premises under the control of the licensee. CSO Kim Reilly Vice and Intelligence Unit Campbell, James From: Clauson, Robin a Sent: Tuesday,July 17,2001 10:07 AM To: Campbell,James Subject: FW:Newport Fish Co. fyi -----Original Message-- From: McDonell,Bob Send: Monday,July 16,20013:24 PM To: Bludau,Homer;Burnham,Bob,Ohl,Daniel;Clauson,Robin;Temple,Patty;Wood,Sharon Subject. FW:Newport Fish Co. It sure wasn't long before they started operating outside their newly crafted agreement. I suspect the ink is barely dry. The so-called"manager"didn't even know what his operating parameters were-not a good indication of things to come. We'll still try to think positive. -----Original Message— From: Hartford,Bill Sent. Monday,July 16,2001 10:53 AM To: McKnight,Scott;Voth,Tom;Reilly,Kim Cc: Newman,Tim;McDonell,Bob;Freeman,John Subject: Newport Fish Co. Scott,Tom,and Kim, On Sunday Afternoon,Tracey McKenzie responded to a noise complaint at the Newport Fish Co concerning a live band. When Tracey arrived, he found a two piece"Reggae Band",steel drum and wind instrument,set up on the outside patio. Tracey contacted management and asked for their live entertainment permit. Newport Fish Co.could not produce the live entertainment or any other paper work. I subsequently called Scott who directed me to the ABC file and located the amended CUP.The amended CUP indicated that percussion instruments(drums)were not permitted. I telephoned the Newport Fish Co.and spoke to an individual who identified himself as Ron Simon. Simon identified himself as the manager. I told Simon that I had a copy of the amended CUP and that the playing of steel drums was not permitted on the outside patio.Simon was very amiable and told me he was sending the band home.He also told me he was currently attempting to locate the amended CUP for future reference* If you need anything from me, let me know Bill Hartford 1 ASLWA. N g COMPANIES A a ,joint venture July 17,2001 Mr. James Campbell Senior Planner City of Newport Beach 3300 Newport Blvd Newport Beach, Ca. 92658 Subject:Use permit 3626 Dear James: Please find enclosed a)the public notice package b)9 full size sets and c) 12 reduced sets. I think this is more than you requested. Please let me know if you need anything else—if not maybe we can go from temporary to permanent in short order--- Thank you for you assistance. Sincerely, Barry Hammond RECEIVED BY PLANNING DEPARTMENT CITY OF NF' A r-'110T MEACrM AM JUL 17 2001 PM 718191101111121112,3141516 41 Corporate Park,Suite 210, Irvine,CA 92606 Telephone:94=50-71 17 Fax:9491250.7116 Campbell, James From: Barry Hammond [bjhammond@jba-aslan.com] Sent: Monday, June 25, 2001 1:09 PM To: Jcampbell Cc: Randy Teffeteller Subject: NEWPORT FISH COMPANY E NPFCresp062101.doc Jim-I am attaching our final comments on your draft-we are also finalizing the plans--- I will only give you 2 copies so you can review before we go hard---- Trust all is well Barry 1 • 0 Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, ±17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquet/meeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior (exterior entertainment will be consistent with existing permit) of the facility, which may or may not be performed in conjunction with any banquet event. The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm is would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance floor. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will,be used on Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public. (without the imposition of a cover charge). Delete this line—we agreed to leave this matter silent--- 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. Campbell, James From: Barry Hammond[bjhammondO jba-aslan.com] Sent: Thursday,June 21,2001 9:02 AM To: Jcampbell Subject: project description ■ NPPCresp062101.doc James--- I have attached your project description with my comments---- I will get back to you when I have Randy's comments Barry 1 Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, ±17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquet/meeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior of the facility, which may or may not be performed in conjunction with any banquet event. The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm is would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance floor. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will be used on Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public without the imposition of a cover charge. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 3. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 4. A small area near the north exit and adjacent to the bar area will have two pool tables. 5. Restrooms, kitchen and service areas. From:Barry To:Robin Clauson Date:615101 Time:2:09:54 PM Page 1 of 2 w S LA N B COMPANIES i N C O R P O R A T A A J O 1 N T VENTURE Date : 6/5181 To: Robin Clauson Company : City of Newport Beach Fax Number : 644-3139 From : Barry Pages: 2 Robin on May 9-- 1 prepared a rather strong letter, that I had planned to send and copy the world. However, after giving myself a night to cool off-- I called Bob Burnham and told him of my dilema---- One aspect of the letter was a chronology of events--- (with copies of correspondence backing up my time line)-- I still am not sending you my letter, but I am sending you my chronology--- our timelines are very similar, however, I have highlighted the areas that Patricia omitted from her timeline-----I find her omissions interesting. This may help you understand why we feel abused----- Barry41 Corporate Park, Suite 210,Irvine,CA 92606 Tel: 949/250-7117 Fax: 949/250-7116 JUN-05-2001 14:13 174-0172-984-4911 94% P.01 From:Barry To:Robin Clauson Date:6/5101 Time:2:09:54 PM Page 2 of 2 • . � s Attachment: Use permit 3626 In order to clarify what has occurred, I have outlined the chronology below: • Planning Commission votes to revoke use permit 3626 • Applicant appeals to City Council • Applicant works with City staff to bring use into conformance with conditions of use permit and continues to operate. • Applicant agrees to apply for amendment to use permit • City Council continues matter • Applicant files for amendment January 31, 2001 • City Council refers matter to Planning Commission to review in light of propose modifications • Early March —Applicant closes operation a) due to economic reasons b) a sign of good faith to The City • March 2, 2001 James Campbell prepares screen check comments for the request for amendment (16 items, mostly technical in nature • March 28, 2001-Applicant speaks to City and advises that the project may be changing and this was the reason for the delay and the applicant would like the revocation hearing tabled. Staff verbally agrees and asks that the applicant put the request in writing. • March 28, 2001 —Applicant sends letter to City advising un-certainty of the project as submitted and requests the matter be tabled in accordance with the above conversation. • April 23, 2001 the applicant receives a letter from The City dated April 17, that advises the applicant they have one week to respond to the letter or the appeal is dropped and the use permit amendment is closed. • April 23, 2001 —Applicant calls to respond to letter and leaves both message and voice mail • April 23, 2001—Applicant sends e-mail in response to letter, outlining the intent of the applicant and the non-responsiveness of our telephone calls. • April 26, 2001—Applicant leaves another message • April 27, 2001 —Applicant faxes the April 23 e-mail to The City with cover letter and request for assistance • April 30 through May 4-Applicant and architect continue to try and get return call from City. • May 8, 2001-Applicant sends e-mail to City again requesting assistance • May 8, 2001 —Architect receives call advising that applicant can review file if'/z day's notice is provided. • May 9, 2001—Applicant reviews filelhas discussion with City. JUN-05-2001 14:13 174-0172-984-4911 95% P.02 ASL*AN A�p;X9,2001 B COMPANIES INCORPORATED AA JOINT V E N T U R E Mr. James Campbell RECEIVED BY Senior Planner PLANNING DEPARTMENT City of Newport Beach CITY OF NEWPORT BEACH PO Box 1768 MAY 2 3 2001 Newport Beach,Ca. 92658 aM PM SUBJECT: USE PERMIT 3626 7'�8�9�10�11112�1�2�5�4�8i6 Dear Mr. Campbell, The following are our response to your comments for our request to amend use permit#3626. After many discussions with your City Attorney's office we are again modifying our request. We will not ask for any change to any segment of our use permit and drop the performance based occupancy limit, except for the following a) establish a new use for the old"game area".response to comment#9 b) Request the valet be temporarily be eliminated and give the Planning Director the option to re-instate the Valet under certain criteria. Contact for the applicant would be: Randy Teffeteller Hospitality Management Group 949-631-3242 or Barry Hammond JBA-ASLAN Companies 949-250-7117 x2 (1) The correct applicant should read JP's of Newport Beach, as identified on the existing permit. (2) The property owner is as you have shown"Cooper June Johnson Trust",however the ownership of the building is the same as on the existing permit. (a) No ownership change has occurred or lease change from the existing use permit. (b) Title Report to follow (3) Property Owners's Affidavit attached--- 41 CORPORATE PARK,SYITE 210 • IRVINE,CA 92606 TELEPHONE: 949/280-7117 • FAX: 949/250-7116 I (4) Project table date supplied(attached)The data was taken from you files (5) Lease exists in City files and nothing has changed- (6) Legend provided (7) Labeled as per request (8) The applicant is willing to comply with whatever the City deems appropriate. We suggest that the condition for valet be eliminated on a trial basis and the Planning Director can re-instate based on pre-established criteria. (9) Based on recent discussions we better understand the position of The City relative to the"game area"approx. 2,000 sq. ft. It is clear in my mind that we both want the same thing 1) a successful operation and 2)an operation that does not intensify the use over what was approved and anticipated with the existing approval. In order to more clearly define this message,we have identified approx. 2,000 sq. ft. on the 2nd floor that we would like to have set aside for low demand use. This area would include 2 pool tables,2 projection TV's and seating for a maximum of 40 people. This would be used as a waiting area in normal times and could be converted to banquet facility in high demand. Given this plan we still wish to operate in a manner that would have a occupancy of around 550 people. This in itself is a reduction of about 150 people that would be anticipated from the existing use permit. We believe this makes sense. (a) As parking is a key component,we have engaged Urban Crossroads to prepare a parking analysis. I will have Bill Lawson call you to establish the scope of the work. (10) Dancing as an everyday occurrence is not expected to be part of this operation. Therefore no dance floor is specifically identified. Dancing is anticipated at weddings and special events. (11)Request has been dropped 4 (12)Request has been dropped (13)Request has been dropped and we are not requesting any modification to the outdoor entertainment. This request was made in error. I (14)Request has been dropped and we are not requesting any modification to the outdoor entertainment. (15)The existing use permit has a security plan as part of the approval. In addition,the applicant has recently established a public safety plan that has been acceptable to both fire and police. This plan will continue. We will be glad to accept as a condition that this plan be formalized and accepted by the Director of Community Development,prior to re-opening of after hours operations. (16)Labels are being corrected and will be submitted in time for hearing. James,I believe that it is important to note that the applicant is not asking for a new use permit. The applicant is simply requesting a modification to the use permit as a result of removing the game element from the operation as required by the conditions of approval. The applicant has taken great pains and time to assure that the modification before you is consistent with the goals and objectives with The City of Newport Beach, while still providing a viable business.. Thank you for your time and consideration. We are anxious to take advantage of the up-coming summer months. Sincerely, arry Hammond Campbell, James From: Barry Hammond[bjhammond@jba-aslan.com] Sent: Monday, May 21,2001 7:02 PM To: Ptemple;Jcampbell; Rclauson Cc: Randy Teffeteller Subject: USE permit 3626 Robin, Patricia and James--- thank you for meeting with me today--- after we met Randy and I had a lengthy discussion relative to the project. After a lot of thought and consideration, we are going to move in the following direction. 1) After significant evaluation we believe that the area we have dedicated to "Banquet" approx. 2000 sq. ft more than covers the area that was previously allotted to games. In this light, we would like to partial open with only that area closed. We are confident that we have a like for like situation. The owners and Randy feel they cannot open without this partial use of the top floor. We understand the historic problems here, but we are confident that you will be satisfied with the product. In this light we will offer valet while we are in the modification process. 2) The modification will ask for this 2,000 sq. ft to be a banquet area/game/waiting area. The proposal will show 2 pool tables which will cut down approx. 500 ft. of the area--- and the balance will have 2 projector tv's - limited seating and tables as would be customary in a waiting area--- with this arrangement we can easily convert this into banquet--- As far as dancing, this is not expected to be a customary part of the operation-however it would be available at weddings etc--- Additionally we would like a review of the need for valet--- I have retained Urban Crossroads for a parking analysis - so expect a call from Bill Lawson who is a principal in the firm to call this week. I realize we are pushing the envelope some, but the owners feel this is necessary to keep a successful restaurant-a restaurant. I still plan to have the project re-submitted less the parking analysis on Wednesday- Thank you for your time--- I believe you will like the product- Barry i Campbell, James From: Barry Hammond[bjhammondOjba-aslan.com] Sent: Sunday, May 20,2001 5:41 PM To: Ptemple;Jcampbell; rclausonOcity.newport-beach.ca.us Cc: Steve Jamieson; Randy Teffeteller Subject: Use permit 3626 ■ KMZ041901.doc I wanted to send a copy of our response to comments--- As you can see I originally had them ready on April 19---I have however modified them-since my discussion with Robin Clausson on Friday--- See you Monday 1pmBarry Hammond 949 250--7117x12 per' OF TI Q� April 19, 2001 Mr. James Campbell Senior Planner P�N�F�tF` ,e U1 City of Newport Beach PO Box 1768 Newport Beach, Ca. 92658 SUBJECT: USE PERMIT 3626 Dear Mr. Campbell, The following are our response to your comments for our request to amend use permit#3626. After many discussions with your City Attorney's office we are again modifying our request. We will not ask for any change to any segment of our use permit and drop the performance based occupancy limit, except for the following a) establish a new use for the old"game area"response to comment#9 b) Request the valet be temporarily be eliminated and give the Director of Community Development and option to re-instate the Valet under certain criteria. Contact for the applicant would be: Randy Teffeteller Hospitality Management Group 949-631-3242 or Barry Hammond JBA-ASLAN Companies 949-250-7117 x2 (1) The correct applicant should read JP's of Newport Beach, as identified on the existing permit. (2) The property owner is as you have shown "Cooper June Johnson Trust", however the ownership of the building is the same as on the existing permit. (a) No ownership change has occurred or lease change from the existing use permit. (3) Property Owners's Affidavit attached--- (4) Project table date supplied (attached) The data was taken from you files (5) Lease exists in City files and nothing has changed- (6) Legend provided (7) Labeled as per request (8) The applicant is willing to comply with whatever the City deems appropriate. We suggest that the condition for valet be eliminated on a trial basis and the Director of Community Development can re-instate based on pre- established criteria. (9) Based on discussions with The Asst. City Attorney, we better understand the position of The City relative to the "game area" approx. 2,000 sq. ft. We offer the following 3 options- A) allow the operator to use the area for TV viewing with a maximum seating of 30 people B) allow the operator to use the area for banquets only and when the banquet area is in use the operator would not use an equivalent area of seating in another area of the restaurant. C) The operator would be willing to close the area but prefers to use it if possible (10)One of the concerns by the City was that dancing was not in the precise location shown on the use permit plans. The applicant would like to allow dancing where is may be best for the particular venue. If by example, someone were to have a wedding and want to have dancing downstairs and the next week the Bride wanted dancing upstairs and in 3 months ball room dancing was the big draw, then the applicant would like to be able to respond, as long as they stay within the agreement established in item 9 above. (11)Request has been dropped (12)Request has been dropped (13)We are not requesting any modification to the outdoor entertainment. This request was made in error. (14)Again, we are not requesting any modification to the outdoor entertainment. (15)The existing use permit has a security plan as part of the approval. In addition, the applicant has recently established a public safety plan that has been acceptable to both fire and police. This plan will continue. We will be glad to accept as a condition that this plan be formalized and accepted by the Director of Community Development,prior to re-opening of after hours operations. (16)Labels are corrected and included. — IY- C�.ec( James, I believe that it is important to note that the applicant is not asking for a new use permit. The applicant is simply requesting a modification to the use permit as a result of removing the game element from the operation as required by the conditions of approval. The applicant has taken great pains and time to assure that the modification before you is consistent with the goals and objectives with The City of Newport Beach, while still providing a viable business.. Thank you for your time and consideration. We are anxious to take advantage of the up-coming summer months. Sincerely, Barry Hammond 0 Campbell, James From: Barry Hammond [bjhammond@jba-aslan.com] Sent: Monday,April 23, 2001 11:35 AM To: ptemple@city.newport-beach.ca.us Cc: jcampbell @city.newpo rt-beach.ca.us; Steve Jamieson; Randy Teffeteller Subject: JP's- Use Permit#3626 Patricia-In response to your letter of April 17, 2001, we are attempting to respond to plan check comments received from James. I have asked our architect, Scott Yarnell of Lundstrom and Assoc. to call James relative to certain items on the drawings that we have questions about--- Scott's number is 250-1772--- to date we have not heard back---- Relative to the comments in general, our goal is to work with The City to amend our existing CUP with a few changes to our conditions that would more accurately reflect the proposed operation; allow the operator to respond to the market and give the City assurance that the health safety and welfare of the community is being protected. Since this has become high profile, I would like to meet with you one on one- so I can be sure that our response to comments will work for you---- If this works, I would then like to present our case to Councilman Ridgeway and Commissioner Kranzley for their input before we finalize our application. Please let me know if this makes sense to you I look forward to your response---- Barry Hammond 949-250-7117 x2 i �SEW PART CITY OF NEWPORT BEACH } A v r P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 17, 2001 Barry Hammond JBA ASLAN COMPANIES INCORPORATED 41 Corporate Park Suite 210 Irvine, CA, 92606 RE: USE PERMIT NO. 3626 Dear Mr. Hammond: This letter will respond to your March 28, 2001 letter requesting that any hearing relative to the proceedings for revocation of Use Permit 3626 be "tabled." You also request that the incomplete application for a new use permit be held until "better direction from the property's investors" is received. You also confirmed those operations of "The Buzz" and any other use of the property under the authority of Use Permit No. 3626 has ceased. As you know, Use Permit No. 3626 was revoked by decision of the Planning Commission on October 9, 2000. The decision of the Planning Commission was appealed to the City Council and after several continuances of the hearing on appeal, the City Council determined to send the appeal back to the Planning Commission for further evaluation based upon the operator's representation that it would apply for amendment to the use permit. Your request to table the revocation proceedings and informing the City that a complete application for an amendment to the use permit is not forthcoming does not comply with the direction of the City Council. The Planning Commission decision to revoke the Use Permit cannot be left indeterminate. I suggest that we have a meeting immediately to resolve all the issues regarding the status of Use Permit No. 3626 in a manner that it recognizes that The Buzz has ceased operations. If we do not hear from you within a week of receiving this letter, the closing of the Buzz and your March 28, 2001 letter will be considered notice that you no longer wish to pursue the appeal of the decision of the Planning Commission to revoke Use Permit No. 3626 and do not intend to reopen any business under the terms and conditions of Use Permit 3626. 3300 Newport Boulevard, Newport Beach Barry Hammond April 17, 2001 Page 2 If you have questions regarding this letter or you wish to schedule a meeting, please contact James Campbell at (949) 644-3210 or myself at (949) 644-3228. Very truly yours, Patricia L. Temple Planning Director CC. JP's of Newport Beach, 2901 W. Coast Highway, #310 Newport Beach, CA Steve Jamison, Solomon, Saltsman & Jamison 426 Culver Blvd., Los Angeles, CA 90293 Randy Taffeteller, R.S.T Management Group 29453 Longhorn Drive Canyon Lake, CA 92587 June Johnson Cooper/Marvin Engineering Co., 260 W. Beach Avenue Inglewood CA 90302 Donna Larson, Lido Marina Village Property Management 3400 Via Oporto, Suite 104 Newport Beach, CA 92663 RC:da • Campbell, James From: Barry Hammond[bjhammond @ jba-aslan.comJ Sent: Friday,April 05,2002 8:12 AM To: James Campbell; Ptemple Subject: Newport Fish Co. HMGBKcity.doc (120 KB) Patricia--- just wanted to get this in writing---- please let Bob Burnham know-- Barry CA c 014v+ec- , 61ItOf ,> "!'l _ '4r$ J (� 15 c cy►�''1z.r C 1 • SL*A-- N COMPANIES INCORPORATED joint venture April 5, 2002 Ms. Patricia Temple Director of Planning City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92658-8915 SUBJECT: Use Permit 3626 Dear Ms. Temple, This is to thank you for the cooperation provided by the City of Newport Beach, relative to this project. However, as you may have heard, JP's of Newport Beach has filed for Chapter 11 Bankruptcy. It is my understanding that The Newport Fish Co. has closed their doors. Neither myself, nor my firm, JBA-ASLAN has any ownership in this project and as of March 1 of 2002, we stopped working for JP's. I also understand the Hospitality Management Group and Randy Teffeteller are no longer involved. If you have further need to get information on this permit or site, you will need to contact the partners of JP's. Thank you for your time and consideration. Sincerely, Barry Hammond 41 Corporate Park,Suite 210, Irvine,CA 92606 Telephone:949/250-7117 Fax:949/250-7116 r . _ • ;e B 1 0 3045 S!D& Ua Dq"rtmW of Asstie Unked States Trusift Ceutm Dish t of Comfort *UAW sMW CWXWW Qr WwA"Jb r FAWW M 33s30W 9aiOMMI FAX M April 2, 2002 Marvin Land 8yetems 12637 Beatrice Street Los A=jelest CA 90861' Re: ar'B CW =WFGAT BRAMI &A 02-22423 JAR Sir/Radamz The abovs named Dcbtor(s) has filed a petition in bankruptcy under Chapter 14 of the Bankruptcy Code (11 U.S.C. Go, Z1t�2 of the Code - Zee.) . Section provides for the appOantment of a editors, committee f by the United States Trutstee. The c4mmi.ttee, once appointed serves $eycral functions Bch are Ei cratlined in the Code, Section 1103_ A Creditors, Guide to ptex 13 is enclosed with tk2isP letter to assist you with understanding the prxesn. .AS you are cue of the twenty largest unsecured crecUtors listed in the i Debtor l a petition, you (or a reprenerxtative of your firm) are invited to serve on this committee. If you accept, please coWlete the �".formatian on the enCIODed Creditors, committee 2artIcipation $orm, and Ireturn 't to the United States 'Truntee within MM to the addrese indicated on the form. I Very truly yours, I i Uzsm5 IT. W"MM �t+pY Aa��llrat (714)338-3421 �hcloaurc i f k P i I i I RECEIVED BY I LOCAN PLANNING DEPARTMENT� �— :err^�� r. e AS CITti np N!, -_ACH B COMPANIES tart% 01 21001 INCORPORATED AM ❑M A A JOINT VENTURE March 28, 2001 71819110 il 1112,112,314,516 Ms. Patricia Temple Director of Planning City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92658-8915 SUBJECT: Use Permit 3626 Dear Ms. Temple, Thank you for your time and cooperation in working through the issues relating to the above project. At this time the decision has been made to stop operations of "The Buzz". As you know we have submitted an application for an amendment to this use permit. This application was deemed incomplete. The investors of this operation are still evaluating the best course of action to take relative to future operations. In this light,Randy Teffeteller of Hospitality Management Group and I have advised them to move slowly on any revisions to the existing use permit. Therefore,we are requesting that the"incomplete" application for amendment be held until better direction is received. Finally,I am asking that any hearing relative to the revocation be tabled. Again,thank you for your time and consideration. Sincerely, Hammond 41 CORPORATE PARK,SUITE 210 • IRVINE, CA 92606 TELEPHONE: 949/250-7117 • FAX: 949/250-7116 Status letter-PA 20001-027 March 2,2001 Page 2 of 3 4. You neglected to complete the project data table which is a required element of Use Permit application. Please complete and submit the enclosed table. 5. You provided page 44 of what you have identified as portion of a lease. Please provide a full copy of the document that this excerpt was taken from. I am not interested in the financial arrangements except if they impact parking availability. The terms, conditions and parties subject to the lease must be understood. 6. Please provide a legend for all symbols used in the customer areas on the floor plan. 7. Please label outdoor patio spaces to clearly distinguish them from interior dining areas. 8. Please provide justification for your request to eliminate valet parking. Why does it conflict with fire safety? 9. Please explain how the banquet room will be operated. Will there be dancing within the banquet room? What are the proposed hours of operation of the proposed banquet room? 10. Please explain what is meant by: "Clarification that entertainment/dancing area may be moved from location to location depending upon events." 11. Please explain how you intend to ensure that the occupancy of the structure will be no more than 552 people when the physical structure will accommodate far more than that. The occupancy level of 552 appears to be based upon the proposed net public area used exclusively for dining purposes (15 square feet per person). You must identify a dancing area on the floor plan so the Building Department can accurately calculate the occupancy of the proposed facility. If no area is identified, the entire facility might become a dance floor, as all of the table and chairs are movable. In this case, the occupancy of the facility can easily be eclipsed potentially creating fire/safety issues. 12. Please identify any facts or changed operational characteristics that support your suggestion that the city use a different parking ratio than the one previously used for the use. Your amendment request indicates that a 1 space per 50 square feet of net public area is appropriate. The existing use was approved using a 1/40 ratio with the area devoted to games excluded. 13. Please identify what type of outdoor live entertainment is sought and where it would be located. Please note the area for live entertainment on the floor plan. Do you propose dancing within any outdoor patio areas? SEW Pp�T ° ; D CITY OF NEWPORT BEACH - P.O. BOX 1768,NEWPORT BEACH, CA 92658-8915 C'9G/FO RN�P March 2, 2001 Barry Hammond JBA Aslan Companies 41 Corporate Park, Suite 210 Irvine, CA 92606 Re: Use Permit No. 3626 Application for amendment (PA2001-027) Dear Mr. Hammond: The Planning Department received your application for an amendment to Use Permit No. 3626 on February 1, 2001. The application suggests changes and deletions to the existing conditions of approval for Use Permit No. 3626 as well as a new floor plan. Based upon the information contained within the application, it appears that you propose to change the operating characteristics of the existing restaurant/entertainment facility that is operating in noncompliance with Use Permit No. 3626 to create a restaurant/nightclub. Based upon the information and plans submitted, the applicable codes and requirements, staff has deemed your application to be incomplete at this time. In order to deem the application complete and continue processing your request, you will need to prepare and submit a new project description and justification narrative, rather highlighting only the changes to the previously approved operation. This technique will assist the city in understanding the changes in operational characteristics. Additionally, staff has prepared the following list of comments and questions in order to help you focus on preparing a detailed project description and complete application.. 1. Provide a contact name for the applicant, JP's of Newport Beach. 2. The application identifies the property owner as "Starworks Arena/Entertainment Group International." The city is unable to verify this entity as the property owner. The property owner known to the City is the "Cooper June Johnson Trust." Provide a preliminary title report for the subject property that is no less than 60 days old. If Starworks holds a land lease, please provide a copy of the current lease. 3. The owner must sign the application in the section marked "Property Owner's Affidavit." No separate written authorization from the property owner has been received to acknowledge that Barry Hammond may sign on behalf of the property owner. Additionally, please have the applicant submit a letter identifying Barry Hammond the duly authorized representative of JP's of Newport Beach. 3300 Newport Boulevard, Newport Beach Status letter-PA 20001-027 March 2,2001 Page 3 of 3 14. On June 8, 1998, the City Council adopted a regulation that affecting bayfront restaurants that requires an acoustical study prior to the consideration of changes to operational characteristics of bayfront restaurants. Due to your request for enhanced outdoor entertainment and status as a nightclub, an acoustical study that analyzes noise generated from the facility and its impacts to surrounding properties must be prepared. The study must be prepared by a qualified consultant and must examine typical operating conditions of the proposed use, impacts (if any), noise ordinance compliance and mitigation measures. 15. Please provide a detailed summary of on-site and near vicinity security measures you plan to provide. Please include a discussion of crowd control for nightclub patrons. 16. The mailing labels are incorrect, as the radius used does not eliminate the bay and abutting public right of way in accordance with the Newport Beach Municipal Code. Please refer to the application for an explanation of the appropriate mailing radius. Please respond to each of the issues above, at your earliest convenience, in writing or by making appropriate revisions to the floor plans as necessary. The city is anxious to proceed with the processing of your application in order to resolve the issues related to the use of the subject property. If you have questions regarding this letter or city procedures, please contact me at (949) 644-3210 or via e-mail at icampbell@city.newport-beach.ca.us. Sincerely, 'I � 6aes Campbell Senior Planner cc. JP's of Newport Beach 2901 West Coast Highway, Suite 310 Newport Beach, CA 92663 From:Barry To:Bob Burnham hate:219101 Time:9:28:40 AM Page 1 of 2 ASLAA- N cOM PAN UES INCORPORATED A JOINT VENTURE Date : 2/9/01 To: Bob Burnham Company : City of Newport Beach Fax Number : 644-3139 From : Barry Pages: 2 As you requested, please find the following letter of request Barry Hammond 949-250-7117 x2 41 Corporate Park,Suite 210,Irvine,CA 92606 Tel: 949/250-7117 Fax:949/250-7116 FEB-09-2001 09:27 174-0172-984-4911 94% P.01 From:Barry To:Bob Burnham Date:2!9l01 Time:9:28:40 AM Page 2 of 2 ■ t A S 1-,A W N g CC�t�VtRPANIES A a joint venture February 9, 2001 Mr. Bob Burnham City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92658 Subject: Revocation Appeal Use Permit#3626-3450 Via Oporto- Dear Mr. Burnham; After discussions with yourself and the City Planning staff, we are asking the above appeal be referred back to the Planning Commission to be evaluated in concert with the revised use-permit application filed for this site on February 1, 2001. It is our understanding that this process will not preclude any rights of appeal currently available to the applicant:, and with this understanding we request this action. In addition, this action will not require the applicant or a representative to appear on the February 13, 2001 City Council hearing. Thank you for you assistance in this matter. We are anxious to get our use permit resolved, so we may begin our new venture. Sincerely, Gll!� Barry Hammond 41 Corporate Park,Suite 210, Irvine,CA 92606 Telephone:949f250-7117 Fax:9491250-7116 FEB-09-2001 09:28 1?4-01?2-984-4911 95% P.02 ,�R 1 r` ASA.L� N B COMPANIES I N C O R P O R A T E D AA JOINT VENTURE January 31, 2001 Ms. Patricia Temple Director of Planning 3300 Newport Blvd. Newport Beach, Ca. 92658 Subject: USE permit 3626 Dear Ms. Temple Please find the following application for an amendment to use permit 3626. 1 trust you will find everything in order and we look forward to moving in a direction that will provide a quality operation in The City of Newport Beach. We have listened to the City's concerns and believe our application fits what will work for the business owners, neighbors and City. Project request: At this time, the owners are requesting an amendment to the above use permit, to allow the: 1. The up-stairs game area, approx. 2,000 sq. ft. to be established as a Banquet/VIP Room 2. The valet requirement be deleted, as it conflicts with fire safety 3. Clarification that entertainment/dancing area may be moved from location to location depending on the events. 4. Allow the owners to stipulate to a maximum occupancy of 552 people which is the current occupancy based on fire code. This number will be used for parking analysis as well. • The use of an occupancy number allows the operator to quickly respond to the market without revising the CUP while still giving The City comfort that the business is operating within the capacity limitations set forth. 5. Removal of condition 14- 6. Revise of condition 23- to allow dancing and entertainment—after hours 7. Change condition 24 to allow indoor entertainment for Sunday brunches, weddings etc. 8. Change condition 25 to read- " That outdoor live entertainment be limited to the hours of 10:00am to 10:00pm" Conditions affected are 1,2,3,10,11,14,23,24 and 25- Project Characteristics: 41 CORPORATE,RARK_,SUrrS-2''I00 • IRVINE,CA 92606 TELE_ - JPHO VE: 949/250-71 17 • �Ax: 949/250-71 16 Three profit Centers: 1. Traditional Dining, including Sunday brunch, which is expected to be the highest portion of the revenue- 2. Banquets and Special Events. Including Weddings and the Boat Parade 3. Later evening/ entertainment/dining Additional Information: This site has 200 dedicated free parking spaces from 11 am to 6pm in the parking structure and un-limited free parking (in common with other tenants) after 6pm and on weekends. (see attached lease section). According to the City's parking analysis of the area this provides ample parking for the use proposed. No other operator requires late evening parking and the balance of the retails shops still have sufficient parking based on the 200 dedicated spaces provided above. The office buildings do not require evening and weekend parking, which frees up parking for our project , since our peak times do not conflict. City staff has only allocated 175 spaces in the parking structure to this operation after 6pm; this does not appear to take into account the available 197 evening/weekend available spaces shown in the attached analysis. Parking for this use should be approx. 209 spaces with not waivers, based on 1/50 code. The project has no other characteristics that would require further mitigation and the project would not be harmful to the health safety and welfare of the community. History/ Summary The existing facility has operated as a restaurant or club for many years. It historically has been know as the Warehouse. In 1998 the site received use permit number 3626 to operate with the following components: restaurant, live entertainment, dancing and arcade games. Shortly after the opening, it was clear that the concept for the games was not working. The management firm, at that time, removed the games and expanded the entertainment portion of the business. The use permit, requires that any change to the upstairs portion of the operation be granted through an amendment to the use permit. At this time, the current management company has worked out an agreement with The City and is not using the second floor space, previously reserved for games. The City of Newport Beach held a hearing for revocation of use permit number 3626, where the Planning Commission ruled to revoke the permit. The matter has been appealed to The City Council. It is clear that findings for the revocation do not exist and per the permit, we request a modification of the permit to bring the project into conformance. • Finding No.1 —The permit was issued on a basis of erroneous or misleading information or misrepresentation. — Response- The owners/operators had every intent to operate as shown in the Use permit request. Games were purchased and the operation was established. The market simply did not respond. The operators moved into a different venue to address market demand. When the new management company was hired, they immediately met with the City in an effort to put thins in order. The investors had planned for a nationwide chain to go into this location, but this eventually fell through. When this venture fell apart, the new operators immediately called the City and notified them of the delay. The intent was to open a new high end restaurant before the 2000 Holidays, but the revocation effort has stopped this plan and kept the Buzz open 1 B-A waiver of 41 parking spaces was granted, do to the nature of the use. Response-The operator has closed down 1,952 sq. ft. of floor area, which is twice the amount of the waiver granted. In addition, master lease for this project provides the operator full use of the parking structure, at no cost. This more than makes up for the 41 spaces. In addition, the parking analysis down by The City of Newport Beach shows Lido Village area to have an evening parking surplus of 192 spaces. 1C-The project is detrimental to the public health, safety and general welfare. Response- With the new management firm and reduced floor area, the site has had no significant issues. Finding 2: The terms of the use permit were violated- 2A- Removal of the games violated the use permit. Response-The operator is not using the area dedicated for games-therefore no violation is occurring. 213- Lack of valet parking violated the permit Response-The operator has discovered that the parking structure is free to their patrons, which makes valet un-necessary. In addition, The City Fire Marshall has requested valet be discontinued as it creates a potential fire hazard. 2C/DIE-Violations, of noise, criminal activity, and ABC issues- Response-All have been addressed with the down sized operation and new management Finding 3-There has been a discontinuance of the exercise of the entitlement for 180 consecutive days. Response- The operator simply removed an un-profitable area of the operation and utilized that space with a more traditional use. The use permit does require an amendment to the plan if changes are made to the 2"d floor. The operator has ceased use of the "game area" and is now in the process of applying for this amendment. 6Sin erely, ar mmond Previous Operaton Existing Operation Proposed Operation Gross Bldg Area Total 17119 17119 17119 Net Public Area Interior 8382 7571 6245 Outdoor Patio 2237 2237 2237 Sub-total 10619 9808 8482 Other Area Restroom/Kitchen 6500 5359 6670 storage/service etc Games 1952 Banquet 1966 Total public area/net of games 10619 11760 10448 Parking Provided 11-6pm 200 200 200 post 6pm 175 175 175 Required Parking 30 354 392 1/30 or 1150 of Net Public 40 265 294 50 212 235 209 Parking Allocated Restaurant 175 175 175 Others 220 220 Total 395 395 Parking Waivers F90T 119 34 41 pec-15-00 12 :09P . P.02 V14Im FfYX 1•13. 9,196738517 14 ;.44 11 U4:;>9F" P1 ;�.^. 10/26i73 shall not impair the w¢Ler view from the ueMjacd. PremiaC=r nor shill Landlord co.ZstrucL or permit any dry dark, re- pair w7yo, or fuel p+xmpn to be erectnd or mairaLained on or in said waterkront ..rea. XXIX. PARKING P&CILITIE3. 29..01 landlord hereby 9.cwIts ts: Tenant a anon^ exclusivp easement in, over, on emd avxoss the Parking Facili Lies described in Exhibit "3" for auto:itobile parki.r:g and gpdee;L.cian and auto_no'bila ingress and agrPsm to and SXom said Parking FP.C.UiLies. Tenant :;hall be entitledf to nn].imitcjd parking in said Parking Facilities for its cus- tomers after 6:00* P.GI. on each clay, free of any Onnrye whatsoever, either to Tenant or ii;s customners. Bet#t3en the hours of 11:00 A.M. and 6:00 P.M. cif caulL day, Ton ant shall be entitled to have its cua,tomess park twn hundrod (200) cars in sold Parking Facilities at na cort to either Tenant or i.ts customary. Landluxd shall charge nny oars parked by Tenant's customers in said Parting racilities in excess Of Lwo hvmdred (20D) durinq the hours between 11:00 A.M. and 6:00 P.t3, of each day, the posted public parking ahsrye less thirty-five percent (35%) . All Tenaantln barking rights in said Parking Facilities taiall be non-exclusive and held in comnin with othrr Tenants of tho LIDO VIAGE CENTER. Thza allOca-_ Lion of Parking Facilities s1jall be considered suffici? and reasonable for the cfficlAnt operation of Tenant"a bu5ine3s3 in, on and from the Demised Premises for LAW Dam V, See.YIRSEAG. RasFN a"ON _44- 1 i 2 1 A VILLAGE AREA PARKING INVOTRY CONEVIERCIAL USES DAY WAIVED NIGHT WAIVED '�j)0 VILLAGE PARKING STRUCTURE Buzz Restaurant 200 41 175 41 Le Bistro Restaurant 16 5 16 5 Le Bistro Coffee Shop 5 1 5 1 George's Camelot 28 10 28 10 Bayfront Cafe 6 0 6 0 Mama Mia Restaurant 3 6 3 6 Restaurant Uses (pkg req'd per U.P.) 258 spaces 63 spaces 233 spaces 63 spaces Office Uses (1/250) 134 0 0 0 Retail Uses (1/250) 148 0 0 0 Boat Slips (73 slips @ 1 space/75 slips) 55 0 55 0 Lido Village (1/250) 337 0 55 0 Lido Shops (Facing Via Lido) (1/250) 24 0 0 0 TOTAL PARKING REQUIRED 619 spaces 63 spaces 288 spaces 63 spaces BUELDING PARKING NOT PROVIDED IN LIDO MARINA VILLAGE GARAGE Bay Lido Office Bldg. 47 0 0 0 ' ;do Tower(Travel Max) 58 0 0 0 .en Building (3366 Via Lido) 34 0 0 0 Bank of America Building 50 0 0 0 TOTAL 189 0 0 0 TOTAL PARKING DEMAND 808 spaces 0 288 spaces 0 (PRIVATE) Parking Structure 373 373 32nd Street Parking Lot 721 72 TOTAL PARKING AVAILABLE 445 spaces 485 spaces Parking Required for LMV 174 space Deficit 197 space Surplus Parking Demand in LMV 363 space Deficit NOTES: • - Buzz and Camelot Restaurants use permits require employees to park in the parking structure. • Night parking is after 6 p.m. • Night parking assumes no retail or office parking demand. • Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll. • Required number of parking spaces for each respective business per applicable use permit files. • Buildings which no longer have use of the Lido Marina Parking Structure have terminated or allowed the off-site parking arrangement to lapse,or have existing parking agreements with other locations,however they still draw upon the available parking spaces in the village area. 32nd Street Parking Lot has no legally binding off-site parking agreements attached to it(per the Management Company). Prepared 10/27/99' '32nd Street Parking Lot is required parking for the buildings located at 3366 and 3388 Via Lido(3366 Via Lido-NOT in L.M.V.). ' i 26 . 21' A pINDIVIDUAL INTERNALLY ILLUMINATED OPEN FACED CHANNEL LETTERS OVER NEW PALAPA COVERED AWNING 1/2'=V-0" Letter return Mfr.and install one(1)set 3"deep open faced channel construction letters with exposed neon illumination. Exposed neon to be 15mm neon tubing. 3 30ma Transformers to be housed in remote raceways behind the fascia.Letters to be aged for distressed appearance. Awning to be fashioned from pofopo plant to add tropical effect. Open face Wall Fasteners-robe determined by SPECIFICATIONS: material-4 plcs typ. Listed PK housing Copy: 3'deep sheet metal open faced channels,interior and exterior returns pointed red to match PMS#187 C,weathered for distressed Neon Tubing �—Listed 3/8'min.Flex appearance. Neon: EGL'Ruby Red,Clear' Listed GTO thru conduit to remc Awning: 'Lean-to'construction awning covered in natural material to appear as polopa. Glass stands transformer box UL listed transformer 30 ma Listed disconnect switch 14eWport OPEN FACED CHANNEL LETTER DETAIL FISla Iftar a nts f 4 fh t EXISTING FRONT ELEVATION I REAR(WATERFRONT) ELEVATION- Note: Field check all dimensic 118•=1._0. prior to fabrication. 9'-i5" I ' a � 3• Paini existing Eve trim block "y New corrugated background New channel letters I Z" INDIVIDUAL INTERNALLY ILLUMINATED OPEN FACED CHANNEL LETTERS ON NEW CORRUGATED TIN BACKGROUND 3/4'=1'-0' Mfr.and install one I])set 3"deep open faced channel construction letters with exposed neon illumination.Background to be rusted corrugated metal. Exposed neon to be 15mm neon tubing.30ma Transformers to be housed in remote raceways behind the fascia or hidden within layer created with new background,TBD.Letters to be aged for distressed appearance. SPECIFICATIONS: New corrugated background Copy: 3'deep sheet metal open faced channels,interior and exterior returns pointed blue to match PMS Process Blue C,weathered for New channel letters distressed appearance. Neon: EGL'Horizon BlueIAR" Background: Corrugated tin painted or weathered to deep rust finish. Point existing trim orange Wrap existing post with rope IQIiT 13'+- EXISTING FRONT ELEVATION FRONT ELEVATION 3/8'=T-O' Note: field check all dimens; prior to fabrication. s ............._.---....-_....... � l 26" } 21" INDIVIDUAL INTERNALLY ILLUMINATED OPEN FACED CHANNEL LETTERS OVER NEW PALAPA COVERED AWNING 112"=V-0" Letter return 3" Mfr.and install one 11 i set 3"deep open faced channel construction letters with exposed neon illumination. Exposed neon to be 15mm neon tubing. 30ma Transformers to be housed in remote raceways behind the fascia.Letters to be aged for distressed appearance.Awning to be fashioned from polopo plant to add tropical effect. Open face a Wall Fasteners-to be determined by SPECIFICATIONS: material-4 pia typ. Listed PK housing Copy: 3"deep sheet metal open faced channels,interior and exterior returns pointed red to match PMS#187 C,weathered for distressed Neon Tubing 4 ----Listed 3/8"min.Flex appearance. Neon: EGL"Ruby Red,Clear" Listed GTO thru conduit to rem Awning: "Lean-to"construction awning covered in natural material to appear as polopa. Glass stands transformer box UL listed transformer 30 ma Listed disconnect switch Newport��st1 H�4�� OPEN FACED CHANNEL LETTER DETAIL nts i N , EXISTING FRONT ELEVATION `' ` '` , MMOMMOMin REAR(WATERFRONT) ELEVATION- Note: Field check all dimens; 118"=V-0' prior to fabrication. S f - � d i RRR r • ;� - ,tom _ � ..-.�,+��,,t���. ..�';.it/..i Imo'���.dl��,�•�'7�__ _ .....-__ `�.��• �d,�G_,_.�,r-.._.�.—... . r . J.P:S OF NEWPORT BEACH, the applicant in 1998 (also known as Funworks of Mission Valley). 104 W.Anapamu Street Suite G Santa Barbara,CA 93101 �� (805)965-8577 r . .( � �_ ..... C.�f R W a✓kT ERIC RAMESON,-listed as the original contact for J.P.'s of g j C,? `` y @—I `^'t" Newport Beach in 1998. 104 W.Anapamu Street ,,- - ...... Suite G ~ Santa Barbara, CA 93101 (805)965-8577 -n The notice mailed to this address was returned as "NOT DELIVERABLE." Mr. Rameson is also the holder of the Cafe Dance and Live Entertainment permits. We also sent a notice to Mr. Rameson at this address: 64 Whitecap Lane Newport Coast, CA 92651 ' PH MARKETING INTERNATIONAL INC. is the current ABC lioenssee. 14 M A , +vt-% 18300 Von Karman 1 Suite 900 Irvine, CA 92663 h RANDALL S.TEFFETELLER, NBPD identified Mr.Teffeteller as a partner with PH Marketing International, Inc. and the operator 4^-e o� of Buzz. R.S.T. Management Group 29453 Longhorn Drive f*A Canyon Lake, CA 92587 , '--1 .. ``y' R.S.T. Management Group 41 Porte Rivera : '�L ��c f q� • la S�d I f!! Lake Elsinore, CA 92532 - Mr. Teffeteller is also listed as the PresidenUCEO of Hospitality Management Group, which was"contracted to manage, consult, and troubleshoot"the Buzz. 2901 West Coast Highway Suite 310l Newport Beach, CA 92663 #� (949)631-3242 "` MICHAEL C. CHO, attorney for the operator of Buzz, Randall Teffeteller. Bernard &Associates 3991 MacArthur Blvd. Suite 350 Newport Beach, CA 92660 (949)263-1511. DONNA LARSEN, signed as the property manager for 3450 Via Oporto. JUNE JOHNSON %MARVIN ENGINEERING CO, the property owner. 260 W. Beach Ave. Inglewood, CA 90302 EXHIBIT A 1. OPERATE A FULL SERVICE RESTAURANT WITH INCIDENTAL LIVE ENTERTAINMENT AND DANCING AS SPECIFIED IN THIS EXHIBIT. 2. THE DESIGN AND IMPROVEMENT OF THE FIRST FLOOR WOIULD BE CONSISTENT WITH THE SITE PLAN THAT IS ATTACHED. THE FOLLOWING WOULD BE AUTHORIZED ON THE FIRST FLOOR (A) DINING PERMITTED FROM 10:00 A.M. TO 2:00 A.M. DAILY (B) LIVE ENTERTAINMENT PERMITTED ON THE OUTDOOR PATIO FROM 10:00 A.M. TO 10:00 P.M. - LIMITED TO NON-AMLIFIED, NON PERCUSSIONIWIND INSTRUMENTS WITH MAXIMUM OF TWO ENTERTAINERS (C) LIVE ENTERTAINMENT AND DANCING PERMITTED INDOORS IN THE MAIN DINING ROOM (IDENTIFY ON ATTACHMENT) WHEN AREA RESERVED FOR A PRIVATE PARTY 3. THE DESIGN AND IMPROVEMENT OF THE SECOND FLOOR SHALL BE CONSISTENT WITH THE ATTACHMENT WITH THE FOLLOWING AUTHORIZED (A) BAR/LOUNGE OF APPROX. 1928 SQUARE FEET IDENTIFIED ON THE ATTACHED PLANS AS "BANQUET ROOM/OVERFLOW DINING" AND OUTLINE WITH A RED DASHED/DOTTED LINE INCLUDING COUCHES AND BENCH SEATING, PROJECTION TV'S, TWO POOL TABLES AND -FULL SERVICE MENU AVAILABLE TO PATRONS. LIVE ENTERTAINMENT AND DANCING (LIMITED TO 1" SO. FT.) IS PERMITTED IN THIS AREA IN CONJUNCTION WITH A PRIVATE PARTY. (B) THE APPROXIMATE 500 SO. FT AREA IDENTIFIED ON THE ATTACHED PLANS AS "NEW DINING" AND CIRCLED WITH A RED BUBBLE NEAR THE NORTH EXIT (IDENTIFY) MAY BE USED AS A BANQUET AREA FOR PRIVATE PARTIES WITH DANCING (LIMITED TO 144 SQ. FT.) AND LIVE ENTERTAINMENT IN CONJUNCTION WITH THE PRIVATE PARTY. THIS AREA MAY BE USED FOR LIVE ENTERTAINMENT AND DANCING (NO MORE THAN 432 SQ. FT) AND OPEN TO THE GENERAL PUBLIC ON THURSDAY THROUGH SATURDAY. THIS AREA MAY CONTAIN NO MORE THAN TWO POOL TABLES. DINING IS PERMITTED THROUGHOUT THE AREA. 4. AT NO TIME SHALL THE LIVE ENTERTAINMENT AND DANCE AREA COLLECTIVELY EXCEED 432 SQUARE FEET WITHIN THE FACILITY. 5. SALES, SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES SHALL BE PERMITTED WITHIN THE RESTAURANT ONLY BETWEEN THE HOURS OF 10:00 A.M. AND 2:00 A.M. 6. NO ALCOHOLIC BEVERAGES SOLD ON THE PREMISES SHALL BE CONSUMED ON ANY PROPERTY ADJACENT TO THE LICENSED PREMISES UNDER THE CONTROL OF THE LICENSEE. 6. NO ALCOHOLIC BEVERAGES SOLD ON THE PREMISES SHALL BE CONSUMED ON ANY PROPERTY ADJACENT TO THE LICENSED PREMISES UNDER THE CONTROL OF THE LICENSEE. 7. NO HAPPY HOUR TYPE OF REDUCED PRICE ALCOHOLIC BEVERAGE PROMOTION SHALL BE ALLOWED EXCEPT WHEN SERVED IN CONJUNCTION WITH FOOD ORDERED FROM THE FULL SERVICE MENU. 8. THERE SHALL BE NO EXTERIOR ADVERTISING OR SIGNS OF ANY KIND OR TYPE, INCLUDING ADVERTISING DIRECTED TO THE EXTERIOR FROM WITHIN, PROMOTING OR INDICATING THE AVAILABILITY OF ALCOHOLIC BEVERAGES. INTERIOR DISPLAYS OF ALCOHOLIC BEVERAGES OR SIGNS WHICH ARE CLEARLY VISIBLE TO THE EXTERIOR SHALL CONSTITUTE A VIOLATION OF THIS CONDITION. 9. THE BUSINESS SHALL NOT SHARE ANY PROFITS, OR PAY ANY PERCENTAGE OR COMMISSION TO A PROMOTER OR ANY OTHER PERSON, BASED UPON MONEYS COLLECTED AS A DOOR CHARGE, COVER CHARGE, OR ANY OTHER FORM OF ADMISSION CHARGE, INCLUDING MINIMUM DRINK ORDERS OR THE SALE OF DRINKS. 10. THE QUARTERLY GROSS SALES OF ALCOHOLIC BEVERAGES SHALL NOT EXCEED THE GROSS SALES OF FOOD DURING THE SAME PERIOD. THE. LICENSEE SHALL AT ALL TIMES MAINTAIN RECORDS WHICH REFLECT SEPARATELY THE GROSS SALE OF FOOD AND THE GROSS SALES OF ALCOHOLIC BEVERAGES OF THE LICENSES BUSINESS. SUCH RECORDS SHALL BE KEPT NO LESS FREQUENTLY THAN ON QUARTERLY BASIS AND SHALL BE MADE AVAILABLE TO THE POLICE DEPARTMENT ON DEMAND. 11. THERE SHALL BE NO ON-SITE RADIO, TELEVISION, VIDEO; FILM OR . OTHER ELECTRONIC MEDIA BROADCASTS, INCLUDING RECORDINGS FOR BROADCAST AT A LATER TIME, WHICH INCLUDE THE SERVICE OF ALCOHOLIC BEVERAGES, WTIHOUT FIRST OBTAINING AN APPROVED SPECIAL EVENT PERMIT AS ISSUED BY THE CITY OF NEWPORT BEACH: DATED: ?! �"' ® I nz '(t�2 Newli6rt Fis ompany 15 DATED: ` City of Newp rt Beach APPROVED ASTO-FORM: " o 9�4— Deputy City A rney • EXHIBIT B CITY RESERVATIONS (1) TO PROCEED WITH HEARING ON REVOCATION (2) TO CONTEND THAT THE USE PERMIT HAS BEEN REVOKED (3) TO CONTEND THAT THE APROVED USE PERMIT DOES NOT AUTHORIZE SOME OR ALL OF THE USES SPECIFIED IN THE AGREEMENT (4) TO PROCEED WITH LITIGATION IN THE EVENT THE BUSINESS IS NOT OPERATED IN CONFORMANCE WITH THE AGREEMENT NEWPORT FISH COMPANY (1) TO CONTEND THAT THE USE PERMIT AUTHORIZES ALL OF THE AGREED TO OPERATIONS (2) TO CONTEND THAT THERE WAS NO VIOLATION OF THE CUP (3) TO CONTEND THE APPEAL OF THE PLANNING COMMISSION DECISION STAYED ANY REVOCATION (4) TO DEFEND AGAINST ANY ALLEGATIONS IN CONJUNCTION WITH THE HEARING ON THE APPEAL. FIRST FLOOR (PARTIAL) Live Entertainment/Dance area O CrCr a w 0 O c� O `i - - r•. .� C . o r------'--------- 1 �✓ �✓ I I C.2 4C 0-0 I _r Cr_ O 1 I 1 = i i 1 CAW ow 1 171M F-- 1 1 I I I i ` 00-0 6 I I �D —————————————— �✓ �s —C of\/�\/� 0 / O , i • r..�L f I��1 �' • ,�Q� � f I I w I , dim Q 0"o ■ ca 'T". _ �...:..._ ��. I t. I � b e �Q• e All. � �Q• 00 0000 { _ I 1 0 SECOND FLOOR • • - g' ° °,--__(PARTIAL) Banquet Room/Overflow Dining & Bar Lounge area ---_ v, A 4, 'ALL WOMEN ) �. IR TYP. \,� D 1 CD ym a � O z } AREA CD m r O � O o O (� TYP. cu D TYP. A YP• DN ' ------- — TYP. NEV DINING ► L--- ---------- ------------� ti A TYP. C ) C c 3 C C CL- 0 CD) c 3', C— Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available , from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Fidelity National Title Company BY F SEAL ` ATTEST President o to gned se<�ry 0Fidelity National Title Company Major Accounts Division 1300 Dove Street, Suite 310 • Newport Beach, CA 92660 (949) 622-4845 9 FAX (949) 477-6813 PRELIMINARY REPORT ORDER NO.: 9732121 TITLE OFFICER: Rick Dominick LOAN NO.: TO: JBA-Asian 41 Corporate Park, Suite 210 Irvine, CA 92606 ATTN: Barry Hammond YOUR REFERENCE.: 3450 Via Oporto, NB SHORT TERM RATE: PROPERTY ADDRESS: 3450 Via Oporto, Newport Beach, California EFFECTIVE DATE: May 7, 2001, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A leasehold as created by that certain lease dated November 9, 1973, executed by June Johnson, as lessor, and Donald M. Koll, as lessee, as referenced in the document entitled "Lease Short Form - Memorandum", which recorded December 18, 1973, Book 11031, Page 23, of Official Records, for the term, upon and subject to all the provisions contained in said document, and in said lease. By Assignment dated May 23, 1990, executed by Traweek Investment Fund No. 12, Ltd., a California Limited Partnership as Assignor, the interest of Assignor in and to the above leasehold estate was assigned to Marvin Engineering Co., Inc., a California corporation, as assignee, recorded May 23, 1990, Instrument No. 90-277175, of Official Records. 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MARVIN ENGINEERING CO., INC., A CALIFORNIA CORPORATION 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF PD\YH 06/12/2001 1 Order No. 9732121 EXHIBIT "ONE" PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 63, PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel No: 423-123-03 2 � G Order No. 9732121 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2001-2002. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Water rights, claims or title to water, whether or not disclosed by the public records. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said. Purpose: Public utilities Affects: The Southwesterly 4 feet of said land 5. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Lessor: Donald M. Koll Lessee: The Warehouse Restaurant II, a corporation Recorded: September 20, 1974, Book 11247, Page 1127, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 6. Matters contained in that certain document entitled "Parking Agreement" dated October 1, 1974, executed by Donald M. Koll and Dorothy B. Koll recorded November 13, 1974, Instrument No. 10353, Book 11286, Page 460, of Official Records. Reference is hereby made to said document for full particulars. 7. Matters contained in that certain document entitled "Off-Site Parking Agreement" dated October 1, 1974, executed by and between Donald M. Koll and the City of Newport Beach, a municipal corporation recorded December 3, 1974, Book 11298, Page 124, of Official Records. Reference is hereby made to said document for full particulars. The interest of Donald M. Koll has since assigned to Traweek Investment Fund No. 12, Ltd., a California limited partnership by an instrument recorded October 22, 1981 in Book 14264, Page 1746, Official Records. 3 ITEMS: (Continued) Order No. 9732121 8. A deed of trust to secure-an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $5,750,000.00 Dated: February 6, 1978 Trustor. Lido Marina Village, a partnership Trustee: Title Insurance and Trust Company Beneficiary: John Hancock Mutual Life Insurance Company Recorded: February 16, 1978, Book 12566, Page 1789, of Official Records Affects: The herein described land and other land. Matters contained in that certain document entitled "Assignment and Assumption Agreement" dated May 8, 1990, executed by and between Traweek Investment Fund No. 12, Ltd., a California limited partnership and Marvin Engineering Co., Inc., a California corporation recorded May 23, 1990, Instrument No. 90-277170, of Official Records. Reference is hereby made to said document for full particulars. 9. A pending Court Action as disclosed by a recorded notice: Plaintiff: LWB Lido Partners LLC, a Delaware limited liability company Defendant: Marvin Engineering Co., Inc., a California corporation County: Orange Court: Superior Court Case No.: OOCCO2974 Nature of Action: The Complaint alleges, inter alia, a real property claim affecting real property Attorney: Howard J. Rubinroit Address: 555 West Fifth Street, Suite 4000 Los Angeles, CA 90013-1010 Recorded: March 7, 2000, Instrument No. 20000120797, of Official Records 10. The effect of any failure to comply with the terms, covenants, conditions and provisions of the lease described or referred to in Schedule A. 11. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 12. Any defect in or invalidity of, or other matter relating to the leasehold estate referred to herein, which would be disclosed by an examination of the unrecorded lease. 13. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created. 14. Any rights in favor of the public which may exist on said land if said land or portions thereof are or were at any time used by the public. 15. Any adverse claim based upon the assertion that any portion of said land was not tideland which was available for disposition by the State of California, or that any portion thereof has become submerged land by reason of erosion or has become upland by reason of accretion. 4 ITEMS: (Continued) • Order No. 9732121 16. Rights and easements for commerce, navigation and fishery. 17. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 18. Any,rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 19. This company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. After review of the requested Statement(s) of Information the Company may have additional requirements before the issuance of any policy of title insurance. Parties: All parties (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file). 20. This Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below. Corporation: Marvin Engineering Co., Inc., a California corporation, (a) A copy of the corporation By-Laws and Articles of Incorporation. (b) An original or certified copy of the Resolution authorizing the transaction contemplated herein. (c) If the Articles and/or By-Laws require approval by a "parent" organization, a copy of the Articles and By-Laws of the parent. The right is reserved to add requirements or additional items after completion of such review. END OF ITEMS 5 ITEMS: (Continued) • Order No. 9732121 Note 1. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: APN: 423-123-03 Fiscal year 2000-2001 1st Installment: $14,735.11 PAID 2nd Installment: $14,735.11 PAID Exemption: SNone shown Land: $1,180,570.00 Improvements: $1,025,106.00 Personal Property: SNone shown Code Area: 07-001 Note 2. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land a commercial/industrial building known as 3450 Via Oporto, Newport Beach, CA to an Extended Coverage Loan Policy. Note 3. There are NO deeds affecting said land, recorded within six (6) months of the date of this report. Note 4. If you are aware of any improvements whatsoever that have been recently completed, that are ongoing, or contemplated prior to closing, this office must be informed of these facts immediately so that your transaction is not delayed. Note 5. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 6. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 7. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 6 Order No. 9732121 ITEMS: (Continued) WIRING INSTRUCTIONS Senate Bill 1550, which became effective January 1, 1985, requiring the title companies.to disburse on collected funds has raised many questions. The following information is provided to assist our customers with the law: The fastest method for receiving collected funds is by wire transfer of funds credited to your account. The following instructions should be used when funds are being wired to our bank: EFFECTIVE AUGUST 17, 2000 Wire funds through the Federal Reserve Bank to: First Bank & Trust 11901 Olive Boulevard Creve Coeur, MO 63141 ABA No.: 081009428 Credit to: Fidelity National Title Account No. 9406910038 Title Order No.: 9732121 7 i i..Y, • tills NAP HAS PREPARED FOR ORANGE POR. S 112. SEC. 28. T 6 S. .R 10 M 423- 1 2 CGLWrr ASSESSOR DEP r- PURPOSES ONLY. IN£ASSESSOR MAKES NO GUARANTEE AS M US ACCURACY NOR ASSWES ANK L IAOIL 1 rY FOR OrHER USES• NOr 70 BE REPRDOUCEO. ALL RIGHTS RESERVED. O COPYRIGHT ORANGE cowrr ASSESSOR 1998 G '� C ®+.�. //Pt, �. MA T P, a- ;a reJ, v s Bq STA.as FM I 3 , � , //YPI•L F,p � � r �? cl 0 0 s• I < n,� /ai N b t � , r �07C Q, 2I d 6 4 p ` s ' T J TRACT - `% 121 0 °t TRACT f/ I I I •lc r r r � ftr o Pan:Lor z Lnr/ •• i f I L3 1 PAR i1 's I O YO NO. /235 s i ' 1 ' 1 ' r 1 y�S� 0.9?AG 122 s.i. I t 10 t r ! .:'R `160,�43,1 Of !al 4 NO///7 6 J Og O�. .+ l t i 11 to a• TR MO. �w, a s '°lO O m 'NO.;/6?.� T1 d T.AF0. < 5 r`• ! PrxA,L JJ 0 / jAC15l5 907 • - c- g i PM `` �` ``• a4 O !O can O�� 4 Lim q�L� s v3 VIA \off 0 T y �1 TRACT N0. 907 M.M.M-25TO56INC. TRACT fY0 ///7 M.X 47o 48 a TRACT A/O. /235 M.M 47-24 NOTE - ASSESSOR'S BLOCK d ASSESSOR'S MAP A&MH 1981 TRACT Afo law M.M. 47-59 PARCEL NUWFRS 800K 423 PAGE 12 PARCEL MAP P.M. 59-44, 60-43 SHOWN IN CIRCLES COUNTY OF ORANGE ' EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)EXCLUSIONS In addition to the Exceptions in Schedule 8,you are not insured against loss,costs,attorneys'fees,and 3.Title Risks: expanses resulting from: • that are created,allowed,or agreed to by you 1. Governmental police power,and the existence or violation of any law or government regulation. This • that are known to you,but not to us,on the Policy Date-unless they appeared in the public includes building and zoning ordinances and also laws and regulations concerning: records • land use • that result in no loss to you • improvements on the land • that first affect your title after the Policy Date•this does not limit the labor and material lien • land division coverage in Item 8 of Covered Title Risks • environmental protection - 4. Failure to pay value for your title. This exclusion does not apply to violations or the enforcement of these matters which appear in the 5. Lack of a right: public records at policy date. • to any land outside the area specifically described and referred to in Item 3 of Schedule A This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. or 2. The right to take the land by condemning it,unless: • in streets,alleys,or waterways that touch your land • a notice of exercising the right appears in the public records on the Polity Date This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking SCHEDULE B EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and the expenses 3. Any facts about the land which a correct survey would disclose and which are not shown by the public resulting from: records.This does not limit the forced removal coverage in item 12 of Covered Title Risks. 1. Any rights,interests,or claims of parties in possession of the land not shown by the public records. 4. Any water rights or claims or title to water in or under the land,whether or not shown by the public 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item records. 8 of Covered Title Risks. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not (a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed c pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: agreed to by the insured claimant; 1. (a)Any law,ordinance or governmental regulation(including butnot limited to building and zoning laws, (b)not known to the Company,not recorded in the public records at Data of Policy,but known to th ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy,use, or insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dat enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter the insured claimant became an insured under this policy; erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or (c)resulting in no loss or damage to the insured claimant; any parcel of which the land is or was a part;or(iv)environmental protection.or the effect of any (d)attaching or created subsequent to Date of Policy;or violation of these laws,ordinances or governmental regulations,except to the extent that a notice of (a)resulting in loss or damage which would not have been sustained if the insured claimant had pal the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged value for the insured mortgage or for the estate or interest insured by this policy. violation affecting the land has been recorded n the public records at Date of Polity. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply wr exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged the applicable doing business laws of the state in which the land is situated. violation affecting the land has been recorded in the public records at Date of Polity. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records the transaction evidenced by the insured mortgage and is based upon usury or any consumer crec at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy protection or truth n lending law. which would be binding on the rights of a purchaser for value without knowledge. 6. Any claim,which arises out of the transaction vesting in the insured the estate of interest insured t 3. Defects,liens,encumbrances,adverse claims,or other matters: this policy or the transaction creating the interest of the insured lender,by reason of the operation federal bankruptcy,state insolvency or similar creditors'rights laws. SCHEDULE B,PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: PART 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. levies taxes or assessments on real property or by the public records.Proceedings by a public agency 4. Discrepancies,conflicts in boundary Ines,shortage in area,encroachments,or any other facts wh which may result in taxes or assessments,or notices of such proceedings,whether or not shown by a correct survey would disclose,and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; (b)reservations or exceptions n patents or in Acts authorizing 2. Any facts,rights,interests or claims which are not shown by the public records but which could be issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted un ascertained by an inspection of the land or which may be asserted by persons in possession thereof. (a),(b),or(c)are shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not value for the insured mortgage. pay loss or damage,costs,attorneys'fees or expenses which wise by reason of: 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at I (a)Any law,ordnance or governmental regulation(including butnotlimited to building and zoning laws, Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or applicable doing business laws of the state in which the land is situated. enjoyment of the land;00 the character,dimensions or location of any improvement now or hereafter 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of erected on the land;Will a separation n ownership or a change n the dimensions or area of the land or the transaction evidenced by the insured mortgage and is based upon usury or any consumer credh any parcel of which the land is or was a part;or liv) environmental protection,or the effect of any protection or truth in lending law. violation of these laws,ordinances or governmental regulations,except to the extent that a notice of 6. Any statutory lien for services,labor or materials (or the claim of priority of any statutory lien for the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged services,labor or materials over the lien of the insured mortgage)arising from an improvement or wo6 violation affecting the land has been recorded in the public records at Date of Policy. related to the land which is contracted for and commenced subsequent to Date of Policy and is no It,)Any governmental police power not excluded by(a)above,except to the extent that a notice of the financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which. exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation of alleged at Date of Policy the insured has advanced or is obligated to advance. violation affecting the land has been recorded in the public records at Date of Policy. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by thie 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy laws,that is based on: which would be binding on the rights of a purchaser for value without knowledge. (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance 3. Defects,liens,encumbrances,adverse claims,or other matters: or fraudulent transfer;or (a)created,suffered,assumed or agreed to by the insured claimant; Oil the subordination of the interest of the insured mortgagee as a result of the application of the (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the doctrine of equitable subordination;or insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer the insured claimant became an insured under this policy; except where the preferential transfer results from the failure: (c)resulting in no loss or damage to the insured claimant; (a)to timely record the instrument of transfer;or (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the (b)of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for street improvement,under construction or completed at Date of Policy);or resulting in loss or damage which would not have been sustained if the insured claimant had paid AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not (b)not known to the Company,not recorded in the public records at Date of Policy,but known to th pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dat I. (a)Any law,ordnance or governmental regulation(nckrding butnot limited to building and zoning laws, the insured claimant became an insured under this policy; ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or (c)resulting in no loss or damage to the insured claimant; enjoyment of the land:(ii)the character,dimensions or location of any improvement now or hereafter (d)attaching or created subsequent to Date of Policy,or erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or (a)resulting in loss or damage which would not have been sustained if the insured claimant had pai any parcel of which the land is or was a part;or(iv) environmental protection,or the effect of any value for the estate or interest insured by this policy. violation of these laws,ordinances or governmental regulations, except to the extent that a notice of 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured b the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged this policy,by reason of the operation of federal bankruptcy,state insolvency, or similar creditor, violation affecting lie land has been recorded in the public records at Date of Policy, rights laws,that is based on: (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the Q the transaction creating the estate or interest insured by this policy bang deemed a frauduler exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged -conveyance or fraudulent transfer;or violation affecting the land has been recorded in the public records at Date of Policy. (ii) the transaction creating the estate or interest insured by this policy being deemed a preferenti 2. Rights of eminent domain unless notice of the exercise thereof has been recorded inthe public records transfer except where the preferential transfer results from the failure: at Date of Polio,but not excluding from coverage any taking which has occurred prior to Date of Policy (a)to timely record the instrument of transfer;or which would be binding on the rights of a purchaser for value without knowledge. (b)of such recordation to impart notice to a purchaser for value or a judgement or Gen creditor. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not osure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements,liens or encumbrances,or claims d arsof,which are not shown by the public records, levies taxes or assessments on real property or by the public records.Proceedings by a public agency 4. Discrepancies,conflicts in boundary Ines,shortage in area,encroachments,or any other facts whi which may result in taxes or assessments,or notices of such proceedings,whether or not shown by a correct survey would disclose,and which are not shown by the public records. the records of such agency or by the public records, 5. (a) Unpatented mining claims; (b)reservations or exceptions in patent,or in Acts authorizing ti 2. Any facts,rights,interest,or claims which are not shown by the public records but which could be issuance thereof;(e)water rights,claims or title to water,whether or not the matters excepted unc ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a),(b)or(c)are shown by the public records. EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule S.You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This 4. Risks: that are created,allowed,or agreed to by You,whether or not they appear in the Public Records: includes ordinances,laws and regulations concerning: a. in building b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records b. zoning at the Policy Date; C. Land use c. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk d. improvements on Land e. Land division 7,8.d,22,23,24 or 25. f, anv'sonmental protection 5. Failure to pay value for Your Title. This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation S. Lack of a right: or enforcement appears in the Public Records at the Policy Date. a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. and 1The failure of Your existing structures,or any part of them,to be constructed in accordance with b. in streets,alleys,or waterways that touch the Land. applicable building codes. This Exclusion does not apply to violations of building codes if notice of the This Exclusion does not limit the coverage described in Covered Risk 11 or 18. violation appears in the Public Records at the Policy Date, 3. The right to take the Land by condemning it,unless: a, notice of exercising the right appears in the Public Records at the Policy Data;or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attomeys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This 3. Title Risks: includes building and zoning ordinances and also laws and regulations concerning: a. that are created,allowed,or agreed to by you; a. b. that are known to you,but not to us,on the Policy Date-unless they appeared in the publl: land use; records; b. improvements on the land; C. land divisions;or C. that result in no loss to you;or d. environmental protection. d. that first affectyour title after the Policy Date-this does not limit the coverage described in Item This exclusion does not apply to violations or the enforcement of these matters which appear in the public 3b,8,17 and 19 of Covered Title Risks. records at Policy Date. 4. Failure to pay value for your title. This exclusion does not limit the coverage described in Item 12c and d,13 and 18 of Covered Title Risks. 5. Lack of a right: (a)to any land outside the area specifically described and refereed to in Item 3 c 2. The right to take the land by condemning it,unless: Schedule A or(b)in streets,alleys,or waterways that touch your land. a. a notice of exercising the right appears in the public records on the Policy Data;or This exclusion does not limit the coverage described in Items 5 and 12a of the Covered Title Risks. b. the taking happened prior to the Policy Data and is binding on you if you bought the land without knowing of the taking. NIWORT BEACH POLICE DEPARTMEO 'EMPLOYEES REPORT Subject DR Number DISTURBANCE AT THE NEWPORT FISH COMPANY N/A Date and Time Occurred Location of Occurrence RD 7-15-2001 1051 3450 VIA OPORTO 1 15 To:(Rank, Name,Assignment,Division) Date and Time Reported DET. S. MCKNIGHT 7-17-2001 1800 ON 07-15-01 AT APPROXIMATELY 1057 HOURS I WAS DISPATCHED TO 3450 VIA OPORTO (NEWPORT FISH COMPANY) REFERENCE A POSSIBLE MUNICIPAL CODE VIOLATION. THE RP, JACK BALLICK, INDICATED THAT A LIVE BAND WAS SETTING UP ON THE PATIO OF THE LISTED LOCATION AND REQUESTED NBPD TO VERIFY THAT THE RESTAURANT HAD A LIVE BAND PERMIT. UPON ARRIVAL, I DID NOT SEE ANYONE ON THE PATIO AND NO MUSIC WAS HEARD. I CONTACTED A SUBJECT WHO IDENTIFIED HIMSELF AS RON. I TOLD RON THE NATURE OF MY RESPONSE AND HE REFEREED ME TO RANDY TEFFETELLER, THE GENERAL MANGER. TEFFETELLER TOLD ME THAT HE HAD PERMISSION FROM THE CITY ATTORNEY TO HAVE A LIVE BAND PERFORM ON THE PATIO. TEFFETELLER INDICATED THAT THE AGREEMENT WAS WRITTEN IN THE CURRENT BUSINESS CONTRACT WITH THE CITY. TEFFETELLER WAS UNABLE TO PROVIDE ME WITH A COPY OF THE CONTRACT. TEFFETELLER STATED THAT HE NEVER RECEIVED A PERMIT CERTIFICATE FROM THE CITY FOR A LIVE BAND AND IT WAS CLEARLY WRITTEN IN THE CONTRACT THAT A LIVE BAND WAS AUTHORIZED. I NOTICED A DRUM SET WAS SET UP ON THE PATIO ALONG WITH ANOTHER UNIDENTIFIED INSTRUMENT. I CONTACTED THE RP WHO TOLD ME THAT HE DID NOT HEAR OR SEE THE BAND PLAYING, BUT RECOGNIZED THE SET UP AS BEING THE SAME AS THE ONE THAT WAS IN OPERATION WHEN THE "BUZZ" WAS IN BUSINESS. DUE TO TEFFETELLER'S INABILITY TO PROVIDE WRITTEN AUTHORIZATION FROM THE CITY, HE DECIDED TO CANCEL THE LIVE BAND PERFORMANCE AND CONTACT THE CITY ATTORNEY ON THE NEXT BUSINESS DAY TO HANDLE THE MATTER. RECEIVED BY PLANNING DEPARTMENT CITY OF NFWpnRT BEACH AM JUL 19 2001 PM 7t8�9110i11ilulli2i3i4iS16 Sup iso Ap roving ID No. Reporting Officer(s) ID No. adz Date and Time Reproduced and Distributed Clerk T. MCKENZIE 1162 NBPD Form 15.7(Rev.3-98) L LID9&LLAGE AREA PARKING INVE*RY lqw PARKING REQUIRED COMMERCIAL USES DAY WAIVED NIGHT' WAIVED Vacant (Magic Island) 0 0 189 0 (1/40)2 Warehouse Restaurant 0 266 175 91 (1/40) Le Bistro Restaurant 16 5 16 5 (1/40) Le Bistro Coffee Shop 5 1 5 1 (1/75) George's Camelot 28 10 28 10 (1/40) Bayfront Cafe 6 0 6 0 (1/75) Mama Mia Restaurant 3 6 3 6 (1/40) Vacant(previous Greek Restaurant) 3 1 3 1 (1/75) Vacant(Specialty Food) 5 0 5 0 (1/250) Restaurant Uses 66 spaces 289 spaces 430 spaces 114 spaces Office Uses (1/250) 132 0 04 0 Retail Uses (1/250) 92 0 0 0 Boat Slips (85 slips @ 1 space/.75 slips) 64 0 64 0 Lido Village (1/250) 288 0 64 0 Lido Shops (Facing Via Lido)(1/250) 35 0 0 0 TOTAL 389 spaces 289 spaces 494 spaces 114 spaces BUILDING PARKING NO LONG>~R PROVIDED IN LIDO MARINA VILLAGE GARAGE' Bay Lido Office Bldg. 47 0 0 0 Lido Tower(Travel Max) 79 0 0 0 Bank of America Building 50 0 0 0 TOTAL 176 0 0 0 TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0 PARKING AVAILABLE (PUBLIC) Municipal Parking Lot 27 0 On-Street Parking(Central Ave.) 17 17 On-Street Parking (Behind Lido Shops) 10 10 On-Street Parking on Via Lido 13 13 (PRIVATE) Parking Structure 373 373 32nd Street Parking Lots 43 43 TOTAL PARKING AVAILABLE 483 spaces 456 spaces t Night parking is after 6 p.m. 2 Indicates;parked at a ratio of 1 spaces for each 40 sq.ft.of"net public area" 3 Required number of parking spaces for each respective business per applicable use permit files 4 Night parking assumes no retail or office parking demand 5 Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll. 6 Buildings which no longer have use of the Lido Marina Parking Structure,but still draw upon the available parking spaces in the village area. 7 Number of spaces in garage is based on a field count of spaces by Code Enforcement(previously noted as 395). This number includes striped tandem spaces. B 32nd Street Parking Lot has no legally binding off-site parking agreements attached to it(per the management company). Lido Marina Village owns and controls the western most portion of the parking lot only(43 parking spaces). Page 3 W CITY OF NEWPORT BEACH FR E.usE:cMtL.: ~ �r� REVENUE DIVISION • O e �t1 3300 NE94'PORT BOULEVARD P.O.BOX 17686'8-89 Y C�92 5 1a N' GH n hVCPORT Bt A V Z 94 G44-3f4 1 RevcnucHcl Cd .Nc >rt-Bcach.ca.us drc n'P�P� t} F 0 IVRL BUSINES SLICENSE TAX APPLICATION ON PLEASE PRINT CLEARLY,ILLEGIBLE APPLICATIONS WILL BE RETURNED. 1. Business(DBA)Name NP.w DOt'-I' CO • Maximum 35 characters I ,/ 2. Business Address(No PO Boxes)� 415D V 1 cL DPo r�p Suite: City: r\ e-W s)d If+ e)2AC State: �. Zip: i 3. Mailing Address 29 D I PaCA I C ,cxtS`F- f WU Suite; 510 City: twin-o d- B ec State: � Zip: 92400 3 4. Business Phone ( ) &-73 70Q 5. Date Business Started in Newport Beach 43 Zc?,2 6. Business Activity Ro 5*a4th"L#- Product Sold food 7. State License. (Contractor, Real Estate, Medical, etc.) No. ' 94�/5 Type �4"✓ Exp. / 8. Seller's Permit No. SR EQA 97-117(oYI I 9. Federal Tax ID No(FEIN) -17-01479 d 83 10.Type of Ownership(check one) O Sole Proprietorship Social Security No. O Limited Liability Company(LLC) Please fill in Item 9 Partnership Please fill in Item 9 ❑ Corporation ID No. State: 11. Owner or Principal Information. If necessary, please attach a list of additional principals. The first name listed will appear on the business tax certificate Name S4-cLe w(9 r ks A re►'wL�- LP, License No. Residence Address: 3 3( I MJka&4& UW Unit# City: fflopi 6U State: _ Zip: 2-0 tT Phone: (&L) M �c-C; 9 Name t�n fP-rtCu;y1��f\Ae�� v ii,,,6_ rou-o 1t��P�V1U.+t Drivers License No. Residence `A,�ddr�ess: IU•LI1e.NR,Q� Unit# _ City: �� ✓��'� � - State: _ Zip:e Phone: ( ) _ .. 12. Business Tax Rates. The business taxis based on the location of your business. Please check the appropriate box. ❑ My business is located outside the City of Newport Beach $179.00 ❑ My business is located at a residential location in the City $114.00 My business is located at a commercial location in the City Calculate Total Due Below The tax for in-city commercially based businesses is calculated by using the formula below. Multiply the number of W2 employees by $11 if the business does not have a Sellers Permit or by$6 if the bust does have one and add to the base tax. (For In-City commercial locations only) $120.00+($12.00 0 $6.00 X tW_(No.of W2 employees)) _ $-10a (Total Due) Enter Amount from Uns 12 13. Total Due: $ l g Q?) Please make checks payable to City of Newport Beach 14. 1 hereby certify under the penalty of perjury that I am authorized to make this statement and the information provided on this application is true and correct. )also certify that i have read and understood the information on the back of this application. licant's Signature Applicant's Name (Printed) BUSINESS TAX*CLASSIFICATIONS The C1 of Newport Beach Business Tax i8assified into the categories below. The a annual taxes and must be paid with the appication: Out of Town Business — If your business is based outside the City of Newport Beach, but you conduct business within the City,you are considered an Out of Town business and your tax rate is$179.00. Residentially Based Business — If you operate your business from your house in Newport Beach (which includes Corona del Mar and Balboa Island),you are considered a residentially based business and your tax rate Is $114.00. Commercially Based Business - If your business is at a commercial location (this Includes P.O. Boxes), you are considered a Commercially Based business and you pay a base tax of $120.00 plus an amount per W2 employee that depends on whether your business generates sales tax for the City. If your business: a.) does not generate sales tax for the City of Newport Beach your rate is $12.00 per W2 employee to a maximum total tax of$1195. b.) does generate sales tax for the City your rate is$6.00 per W2 employee to a maximum total tax of$598. NOTIFICATION OF BUSINESS CHANGES If your business has moved, it is important that you notify the City so you continue to receive important correspondence. If your business has relocated outside the City of Newport Beach (which includes Corona del Mar and Balboa Island) OR if your business has moved to a commercial location, please notify the Revenue Division immediately. The move will 'affect your business tax rate. Also, if you have changed the type of ownership or the names of the owners, you may be required to complete a new business license application. Please call the Revenue Division for further instructions. FRANCHISE TAX BOARD BUSINESS LICENSE REPORTING State law requires the City to obtain information from the businesses it licenses and transmit it to the State Franchise Tax Board. Your completion of the information requested on this application is appreciated, and will eliminate the need for a Franchise Tax Board Investigator to contact you to obtain this information. RENEWALS It is your responsibility to ensure that you pay your annual business tax in a timely manner. The City will mail courtesy renewal notices to the mailing address of record. However, if you do not receive a courtesy notice, you are not alleviate you from the requirement. Penalties are imposed for late renewal If you have any questions legarding any of the requirements or information on this application, please call the Revenue Division at either(949) 64g-3140 or(949) 644-3148 or send email to: RevenueHelpOdty.newport-beach.ca.us. IF YOUR BUSINESS IS CONDUCTED FROM A COMMERCIAL LOCATION IN THE CITY OF NEWPORT BEACH, COMPLETE THE FOLLOWING INFORMATION Name of person or company you rent or lease from Address ,�") ;I=�. :- : ,r, ,, City E:'i�>•°:•"i' n.i State .z : Zip Will there be vending machines,video games, pinbalik or pool tables? NO YES Will there be live entertainment? w NO Fj YES M Is there an alarm system on the premises? NO YES Section 5.49.020 of the Newport Beach Municipal Code requires anyone who has installed and/or uses an alarm system to obtain an Alarm Permit from the Newport Beach Police Department. Please call the Alarm Office to obtain an Alarm Permit application: (949) 644-3722 or 644-3723, Monday through Friday, 8:00 am -5:00 PM. If you answered"yes"to any of the above questions, please contact the Revenue Division for additional permit Information. Issuance of a business license represents a tax payment and does not authorize any business otherwise restricted or regulated by any provision of the Zoning Code or other law. Questions regarding zoning restrictions for your business should be directed to the Planning Department at(949)644-3200. yF. '•�F Z .r•::' .'{; .'Zr. <8`>,t♦ 3:• .•>. „>+ .\L:.:r:�^.fit... ,:ill S< .I t .A•},: .v:P`.•: :��: ♦:A2LI!♦♦♦♦.v.v.4ii%'' K .>..{x%:':•Y. ♦t�t>..w•.r..•.l...l�3xY�x♦: ER tar% ♦t k♦ ;:.::��r.: ,�++� tea:{..P•''o-:L<�,. ,9,2.. ;>3. ti, ...r.:<•,..:::::c................................... s.> :.ic:i� �>A.. «..>...:.,.L.t....:... � i%: :•::..;;::,x. :,a,..,,�r.>'.�'�`a..<• a::<..<«.:. .S4«<`r.%:t<e>..tl.<,A% ♦<.. .I..::'max:<:<:' ♦Y tt:.x•' A is%h�i:.<}: ..... x%F:ti<•:�j'L',:' �R.t�. �\mil:l:. :•:Lt''���{{y>��``..j[[ii��ii'•',:tLt:x::x:{j. qx'I.:<:<�. t ` •Y. Z. 'L',. a •�:::':;:::> •% .... .:: ;:xx:••:.::.::::<•• :..:.,.....:: 2•:•S.i% xxE J1 3' LLI.:IN43.•0 �.. ... .:+NwWrM�w"�i�i.i.wwwwAi:•:.fi:•::.:::..••.:::.:•:: '71!>:�Niww�.wWM�.. %:{:•:'< :'<:•.is{ ....X• .ice'::.::.;:.::;..•.•....♦.1.;;:.,;.:.,.,.,.<,. u3. fiaM�d�s.lwy.zoot CITY OF NEWPORT EACH REVENUE DIVISION c 41powk 3300 NEWPORf BLVD. P.O. BOX 1768, NEWPDXI-BEACH, CA 92658-8915 Erik Rameson Date Issued: February 17. 1999 JP's of Newport Beach "BUZZ" 3450 Via Oporto Newport Beach, CA 92663 PERMIT TO CONDUCT LIVE ENTERTAINMENT The City of Newport Beach does hereby authorize live entertainment activities to be conducted at the above indicated facility. This permit is issued to Erik Rameson and is not transferable to any other enterprise. The approval of this permit is contingent on the compliance with the regulations for operation as defined by Newport Beach Municipal Code Section 5.28.041. This permit may be revoked for any of the following reasons: (a) The permitee has ceased to meet the requirements for issuance of the permit. (b) The establishment has been operated in an illegal or disorderly manner or in violation of any of the regulations set forth in Section 5.28.041. (c) Music or noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood. (d) The permitee, or any person associated with him as principal or partner, or in a position or capacity involving total or partial control over the establishment for which this permit is issued, has been convicted of a criminal offense involving moral turpitude. (e) The indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 § .m. only and that sound from these activities shall be confined to the interior of the restaurant and all windows and doors shall remain closed during all perform (f) -ances,except when persons enter and leave by the main entrance of the facility. (g) The outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 pm. and the entertainment shall be limited to non-amplified acoustical instruments only with two performers maximum. No sound amplification, brass or percussion intruments shall be permitted at any time. (h) The permitee has responsibility to inform the live entertainment groups as to the necessity to limit the volume of their music and singing so as to not intrude on the surrounding areas. (i) Comply with all*conditions of the Use Permit. Approved by: Z _ - k Date: I / cc: City Manager Police Department CITY OF NEWPORT BEACH . •or`��W�� REVENUE DIVISION 33(NI NI?WPURT 11UU1.1?VARU P.U.BOX 176# N111MAT MACH,CA 92658-8915 ":?' U (949)644-3141 FAX(949)644:3073 Business.Lic c `r RevrnutHclpQCity.Newport-1leach.ca.us ense,Wrnber BUSINESS LICENSE APPLICATION 1. Business Name t Ae )oo t L 7C'G�.�1 a�x, �U z z 2. Business Address �ASQ. \J t CA, lX'� r toSuite: City: '11Af.�A-D0,r t (fr_c_V\ State: C A Zip: 92(o63 3. Mailing Address S,c,v-v - Suite: City: State: Zip: c ass�rvc t,i o� 4. Business Phone (q` ) ly`l 3 -y 10o S. Date Business Started in N ewp�r�t BeacihG 3 -3 !� P P 3--1'7-9 6.Type of Business 11>`S'tckLA, c. "� 7. State License No.4439,719-0 Type Exp. 8.Seller's Permit No. ASK E rCA C'1'-H '7(.aL1 4 q 9. Federal Employer ID No. '1 -CYLA 1-7 iM 3 10.Type of Ownership(check one) O Sole Proprietorship Social Security No. ❑ LLC Tax ID No. loPartnership Tax ID No. ❑Corporation ID No. State: 11. City law requires the following information on all principals. If necessary,please attach a list of additional principals. Name:. Er i Drivers License No. A Residence Address: Ln Unit# City: LAt", ey+ c6c;T State: A Zip: c cato5 Phone: L4q rlCX,14Ic Name: . 0� t� Drivers License No. 1"©a3(6 42 Residence Address: H td ki-fr Rc c\r l,-, Unit# City: Gcti.;i r, State: C.� _ Zip: 31 I-7 Phone: 5-q 5- 0 a 12. Business Location The business taxis based on the location of your business.See attachment for further instructions. ❑ My business is located outside the City of Newport Beach $160.00 ❑ My business is located at a residential site in the City $101.00 �( My business is located at a commercial site in the City See Below The tax for in-city commercially based businesses is calculated by using the formula below.Multiply the number of W2 employees by$10 if the business does not have a Sellers Permit or by$5 if the business does have one and add to the base tax. (For in commercial locations only)$106.00 plus an additional $5.00 Or $10.00 X (No.of W2 employees) 13. Total Due: i C� Please make checks payable to City of Newport Beach 3 14. 1 hereby certify under the penalty of perjury that I am authorized to make this statement and the information provideo on this application is true and correct. I have also read and understood the accompanying directions. Applicant's Signature Applicant's Name(Printed) Applicant's Title Si c-P[ A< (e) j-\j c ,—J Date 'p_ OFFICE USE ONLY 0640-4415 t/ DATE PERIOD / TO / 0640-4425 . TOTALS l y7 f FILE NO.. 21739.0 . T D l [� cco is Payable General Services Administrative Services Human Resources 0 Arts Mayor 0 Building City Attorney Planning [_] City Clerk Police [� City Manager Public Works/Engineering 0 City Manager(Assistant) 0 Public Works/Utilities [� Community Services C] Revenue Fire&Mari e FRO N d TION []AS REQUESTED []REVIEW MINFORMATION ❑COMMENT ❑FILE []SIGNATURE / [RETURN REMARKS �iIo qs'�� .., C7ci � / y 10 -,, New Permit CITY OF NEWPORT BEACH Renewal LICENSE DIVISION PERMIT#: _Amend 3300 NEWPORT BLVD P.O.BOX 1768 NEWPORT BEACH,CA 92659-1768 �f7 Live Entertainment $_ D k) — XPatron Dance $ Tow Truck Driver $ STa3d Driver$ ..;,Escort Service $ (SEscort Employee$ .� Skill Games Operator $ eDoor To Door Solicitor$ S Pawn Broker/2nd Hand $ APPLICANT INFORMATION Name E r i t_ Maiden/AKA Address (Ou t.)k i a nI a r% City/Stat CA S4d-j Phone: (c1qq, 90,, I4(o I List Two Prior Address: Address YaN Gcwdr" Sf City/State/Zip Address 73 44y Ll i S•t•�v �r City/State/Zip U.S.Citizen: &NO Place of Birth: �� Po n , r Date of Birth: Sex: 6 F Age:O_Ht: 5 '<r" WOV57 Hair: Qvj Eyes:�)a6! Comp: Driver's License#: -A!'I 35(?g9 Social Security 87-00 I Other State,Federal or City Licenses Held: List all Employers in the Last 3 Years. Begin with the most recent. If Self-Employed,include name,address,dates and type of Business. (Business Name Address Phone Position Dates of Employmt 1. S cy V9ti fYI/261-04n1 Vr 7l!'1*0 2. la 9 /4n-, w✓ sr• S1t jn-1 ?0t - 65"-S7577 V 3. CURRENT EMPLOYER INFORMATION Business Name2 ,r.re. P rt I=h to r-'F Y ,n nn P,.. ' Phone (gL-rl ) :;L(o I O�-(OBI Address IT yYrQsn /)te- 1900 City/State/Zip L.r U ►At CA a 3fo I a Owner's Name: List all Principals,Officers,Partners. Title&Name IHome Address Home Phone 1. tr y k RC-ry\e50r-, 6L( (.. u to ! c-=2 Ln i\ ee,2R%rt Q :si�CH 2. L NMi Gvv1 1 ameSon r13 ►c :j,r 1S CA 5 31_� 3. LIVE ENTERTAINMENT&PATRON DANCE ONLY Type of entertainment(Piano Bar,Etc.) Parking A comm6dations/Numb r T Dance Floor Size Seating Capacity SKILL GAMES OPERATOR ONLY How Many Units: Size of Room where units will be placed: Type of Games: • y ARREST&CRIMINAL INFORMATION ' HAVE YOU FYI$BEEN ARRESTED OR"BOOKED"BY A LAW ENFORCEMENT FICIAL OR HEM FOR A WARRANT,EITHER INVESTIGATION,OR INDICTED BY A GRAND JURY,OR APPEARED IN COURT ON AS A JUVENILE OR ADULT,OR AS A CIVILIAN,OR A MEMBER OF THE ARMED FORCES? If the answer is YES to any of the above,you must list each incident below. Attach any additional information on a separate sheet. Thus form my t be completed in order to ha�ro}LLr permit process be¢in. I HEREBY CERTIFY UNDER THE PENALTY OF PERJURY THAT I HAVE NEVER BEEN ARRESTED BY ANY LAW ENFORCEMENT AGENCY,HELD FOR INVESTIGATION,INDICTED BY A GRAND JURY OR THE SUBJECT OF ANY CRIMINAL PROSECUTION.IN THEDENIAL OF HE PERMIT REQUESTED.THAT ANY INFORMATION BELOW WILL RESULT SIGNATURE: DATE: � — original Arrest Charge Crime): M Violation Date: ti Disposition of Charge: N el f c wi r - Final Charge: W C a 4' 1 fi Arresting Agency-City: S L — .. .. � �_ � � � —� - - - - - - - - - - - - - - - - Original Arrest Charge(Crime): Violation Date: Disposition of Charge: Final Charge: Arresting Agency-City: .. r ... — — — _ — — — _ � �- .-_ — _ — — _ _ — — — — — - �. w- - - - .-. .-r - - .r -.. ... ... �.. ... .r ... .w .w ... r i... w. r .r r , Original Arrest Charge(Crime): Violation Date: Disposition of Charge: Final Charge: Arresting Agency-City .. _ -- _--- -- - _ - -- -- -- -- - Original Arrest Charge(Crime): Violation Date: Disposition of Charge: Final Charge: Arresting Agency-City: — .. _ __ — ~ - - - - - _ ... ... -. � — � ..-- I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION GIVEN IS T IM AND R- RECT AND THAT ANY FALSE,OR WITHHOLDING OF,INFORMATION MAY SUBJECT ME TO PROSECUTION AND IS GROUNDS TO DENY OR REVOKE MY LICENSE OR PERMIT. I FURTHER UNDER- STAND THAT I CANNOT OPERATE THIS BUSINESS OR CONDUCT THE ACTIVITY FOR WHICH THE PER- MIT IS REQUIRED UNTIL A PERMIT HAS BEEN ISSUED. I ALSO UNDEI:STAND THAT I AND MY EMPLOYEES MAY BE FINGERPRINTED AS A CONDITION OF OBTAINING THIS LICENSE OR PERMIT. > DATEMME: SIGNATURE:_-,. �•- �' 3 FEE PAID: DATE: WITNESSED BY: . . .:.::. ...: FOR OFFICIAL USE ONLY: LOCAL:RECORD NEGATIVE. SEEATTACHED DATE.FINGERPRINfSSENTCII• .:: :.. O.C'RECORD., NEGATIVE SEEATTACHED DDLRECORD: ::. NEGATIVE SEEATTAGHED: : ORI) NEGATIVE SEE ATTACHED .. MCAPSRECOf%:..NEGATIVE_ •__.':.:;;:::::::: ::::::::::::: :':::.:.:::::.::':::::.:.'. A B,C REC:... ... • ...:.........:... ....... AI RECORD ::: : NEGATNE SEE iATTACHED NCIC RECORD;.. :NEGATNE:;: ;A'�'A::........ ..•... ...... RECORD CHECKS': ::: :::`;:• :::::'?NEGAZNE:. :... SEE AT!'AGHETf:;:::;:;:::::::: :'': DISCREPANCIES IN APPLICANTS STATEMENT AND :• . .:: .::...:...::: : ::: ::: : :::.. .. . SEE BUSINESS ESTABLISMIENTINFORMATION. ::•:::::::.:..... Ot(A : PA INVESTIGATING OFFICERS COMMENTS(INITIALS) ::•;...:..... ...•::...,..::•. :.. ;:.::•:;:•::.•;::; NO . `:NSA—,r,....:... v: ...::: :.. PERTINENT RULES EXPLAINED : "— •`. :.:: :::. .:.:::.:::,.,..... ::::..::::.;::.; APPLICANT REQUESTS TERMINATION OF PERMIT: REASON; : . ; .;:. • :.. TERMINATE:�—: .: :.. :: ::. :. :. .:.......::::::•:::.::,:...::.:::.�:•:::.� ....•:••. RECOMMENDATION: •: .. GRANT: — :: (hKKI O DENY:_____._-OTHER: J : : ...:: ..: . . ...... ... .. ` ;.:.'•:::::: :.: DATE ... :,.>::' `'`:;:::::::::::::::.:::.:` INVESTIGAT ING.OFFICER: `:: :: :i .'.: . . :. :;::::.....•:::...: :.:: :.. .. ::....:. ,..:,:...:................................ ........................ ..:: • SUPERVISOR APPROVING' ...............::.:..:............. PERMIT APPROVED%DENIED BY FINANCE DEPARTMENT. ::•:..:• DATE!'TIME `"::""".;:;.;:;;;..• PERMIT#: J CITY OF NEWPORT BEACH _New Permit LICENSE DIVISION PERMIT#: Renewal 3300 NEWPORT.BLVD , _Amend P.O.BOX 1768 NEWPORT BEACH,CA 92659-1768 Live Entertainment $ C� Patron Dance $ Tow Truck Driver $ Taxi Driver$ Escort Service $ OEscort Employee$ Skill Games Operator $ ODoor To Door Solicitor$ Pawn Broker/2nd Hand $ APPLICANT INFORMATION Name f i �C� 1 *Son Maiden/AK Address (OLI tit ki t e_ C n Lane— City/Stateop 1Je4A)M r+ Ce:,. C A Sa4 51 Phone: ` 0(n 146 1 List Two Prior Address: r v. Address City/StateWp Address.'73 I0�ZiS•1� c�c City/Statem %v; o4 �. C14 9`�if 7 U.S.Citizen: (&NO Place of Birth: �''^�� 'i��vt' `` Date of Birth: Sex: g F Age: 6-n Ht: S Wt:►S'S' Hair: 0LQVJ Eyes:'W Comp: Driver's License#: A"I I bqy _Social Security Other State,Federal or City Licenses Held: List all Employers in the Last 3 Years. Begin with the most recent. If Self-Employed,include name,address,dates and type of Business. Business Name Address Phone Position Dates of Employmt L. P-% Cc K it Vfln r✓;,tit 'Y1/261-OV" Vf 7l'y�' 2. 3. CURRENT EMPLOYER INFORMATION Business Name Phone ) aia I Address City/Statemp T�r`i i n e� Q"I Owner's Name: List all Principals,Officers,Partners. Title&Name i Home Address Home Phone 1. Er i L Ra ,\esoy-) bL( L4.)Vm fie Cc,. Ln Nj"port Cmsd-,CA 29W7 C2 21)r `( b l 2. WMiuvnn �ameson 93 On(Iisterin -h Cruj,riff, CA g31V7 ( TOS)51075"a- 3. LIVE ENTERTAINMENT&PATRON DANCE ONLY Type of entertainment(Piano Bar,Etc.) Parking A mmodations/Num r Dance Floor Size Seating Capacity. SKILL GAMES OPERATOR ONLY How Many Units: Size of Room where units will be placed: Type of Games: aasaasaaaaacaaasaax�saaaaaaeaxaaa�asacxaaaaaaxasamaaaasaasaaa — ARREST&CRIMINAL INFORMATION " HAVE YOU EVER BEEN ARRESTED OR-BOOKED'BY A LAW ENFORCEMENT OFFICIAL OR HELD FOR INVESTIGATION,OR INDICTED BY A GRAND JURY,OR APPEARED IN COURT ON A WARRANT,EITHER AS A JUVENILE OR ADULT,OR AS A CIVILIAN,OR A MEMBER OF THE ARMED FORCES? If the answer is YES to any of the above,you must list each incident below. Attach any additional information on a separate sheet. T hig form must be completed in order to have your_Wmit l?rocess be I HEREBY CERTIFY UNDER THE PENALTY OF PERJURY THAT I HAVE NEVER BEEN ARRESTED BY ANY LAW ENFORCEMENT AGENCY,HELD FOR INVESTIGATION,INDICTED BY A GRAND JURY OR THE SUBJECT OF ANY CRIMINAL PROSECUTION. I FULLY UNDERSTAND THAT OMITTING ANY INFORMATION BELOW WILL RESULT IN THE DENIAL OF THE PERMIT REQUESTED. SIGNATURE: DATE: Original Arrest Charge(Crime). G-wr 0-A A S C ~ I d Violation Date: 'L �� Disposition of Charge NO ro v.ATc t Final Charge: NC ArreshngAgencyaCity SN .. — ✓�, �.._� - - - --- _ _ .. ..— _ ..� — �..—.. � Original Arrest Charge(Crime): Violation Date Disposition of Charge-- Final Charge: ArrestingAgency-City--N _. . .. . .. . ... .._� Original Arrest Charge(Crime): Violation Date*-- Disposition of Charge: Final Charge: Arresting Agency-City: Original Arrest Charge(Crime): Violation Date: Disposition of Charge: Final Charge: Arresting Agency-City: -- -- -- - I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION GIVEN IS TRUE AND COR- RECT AND THAT ANY FALSE,OR WITHHOLDING OF,INFORMATION MAY SUBJECT ME TO CRIMINAL PROSECUTION AND IS GROUNDS TO DENY OR REVOKE MY LICENSE OR PERMIT. I FURTHER UNDER- STAND.THAT I CANNOT OPERATE THIS BUSINESS OR CONDUCT THE ACTIVITY FOR WHICH THE PER- MIT IS REQUIRED UNTIL A PERMIT HAS BEEN ISSUED. I ALSO UNDERSTAND THAT I AND MY EMPLOYEES MAY BE FINGERPRINTED AS A CONDITION OF OBTAINING THIS LICENSE OR PERMIT. SIGNATURE: DATE/TIME: �' 3 J!EnE� PAID• DA WITNESSED BY: ——— — � '. .':,Z'....—...*n.w+t.eTii.•ire.ew..T►..T..w...eir..ww.+:w.sne.w..T..e�i..tZ...+r—�e.rit.+Tw.one..�—.r...�i'..�'n.wx.w'�{i.rT•w.n++. .... ......................................:.::::::::.:::::::.::::::::::::::.:.::::.:::.::::::::::.::::•::•::::::::::::::::::::::::::::::.::::::::::::::.:::. ......... .. ...w...wr.;ww.ws.nr:„!... :::.:::....................................::............ ::::::: :::::..: ..................:.... ........ ..... ............................... .....: ............. :::::::::::::::DA�'E:FAVGERPRINTS'SFNF:�� .....................................::::.:::.;:::.: ;::::. ..........�1E6A'�iVE........... ... 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DA A R APPROVII�G�...........:..:.......................:. ..........,.... D :. 0PERVIS�U.................. . FINANCE DEPARTMENT: r: >:;:•: ; Pj:TfTI1E..........:...................::::::::..:::::;.:.:I. :::PERMIT APPROVED�DENIED.BY.. . ...:'::':':::..::::. :'. ' . ' :.......:.::.:::::::::::::::::::.:::::::::::;::::::•:::::.:. ::::;:::::::::::::::::::::::. ......... .... .... . :::..::::.... .::'.:.': :::.::::.::.......:..:....:..: ....::.::.:...;: ..:. POR0 v x d.. CITY OF NEWPORT BEACH c�cicpa +`r ENTERTAINMENT PERMIT APPLICATION BUS ENE SS NAME:_ BUSINESS ADDRESS:_ 3L+ZEt� LEGAL DESCRIPTION OF PARCEL: BUSINESS PHONE #:qli j lob?]• 4iCOAIr'TICIPATED OCCUPANCY: DATE ENTERPRISE ACQUIRED:,DATE BUSINESS TO COMMENCE. DESCRIPTION OF ALL PROPOSED ENTERTAINMENT ACTIVITIES: �4_ L Attach hereto: (ATTACH ADDITIONAL DESCRIPTION) 1. A site plan describing the building and/or unit proposed for the entertainment establishment and a fully dimensioned interior floor plan. OWNER'S (INCLUDE ALL PARTNERS OR PERSONS WHO HOLD A CONTROLLING INTEREST) NAME: r �Gln ALIASES: RESIDENCE ADDRESS: 1,LA 1. bu�P (gin L..rl k,ed )r1jr �(���-�� c��c�-� MAILING ADDRESS: 5o.�,r. -CA DRIVER'S LICENSE yF "]" NAME: ALIASES: RESIDENCE ADDRESS:_ j3 MAILING ADDRESS:_ So,,,•� CA DRIVER'S LICENSE#. HOB (ATTACH ADD!i?ONAL OWNER INTORMATION) HL1vE ANY�Qr '.*'HE WNT:RS PRL"VlOUSi.Y ()?E-RATLD .'ANY SlIv EAR BUSINESS UNDER A PER'vIIT OR L;Ci''JSE" �VU IF YES• HAS ANY G•�N_R EVER HAD THE LICENSE OR PERIWT REVOKED OR S�SPr-:DED' YES,Vr}IY" fS =r m PRE S RENTED, LEASED O.R BEENG PURCHASED UNDER CONTRACT? IF YES. ATTACH A COPY OF.THE LEASE OR COhT:.4CT. UNDER THE PENALTY OF PERJURY, I CERTIr'Y THAT I HAVE PERSONAL KNOWLEDGE OF THE LN.FORIN ATION CONTAINED IN THIS APPLICATION AND THAT IT IS TRUE AND CORRECT. I FURTHER CERTIFY THAT I HAVE READ AND UNDERSTAND TIfE PROVISIONS OF NEW'PORT BEACH .'MUNICIPAL CODE C1IAPTER 5.28. /3A7 applicanC's signaturet da t • m r�W PO,Q • d � n u �.. CITY OF NEWPORT BEACH c�tiFoaN�� ENTERTAINMENT PERMIT APPLICATION BUSINESS NAME: <3 BUSINESS ADDRESS:- LEGAL DESCRIPTION OF PARCEL: BUSINESS PHONE 4 4C jANTICIPATED OCCUPANCY: DATE ENTERPRISE ACQUIRED: DATE BUSINESS TO COMMENCE: DESCRIPTION OF ALL PROPOSED ENTERTAINMENT ACTIVITIES: 5 4l- 1—we (ATTACH ADDITIONAL DESCRIPTION) Attach hereto: 1. A site plan describing the building and/or unit proposed for the entertainment establishment and a fully dimensioned interior floor plan. OWNER'S (INCLUDE ALL PARTNERS OR PERSONS WHO HOLD A CONTROLLING INTEREST) NAME: . r-r--,t „n _ALIASES: RESIDENCE ADDRESS:_ L„ 1 rn� Ln ► d�c-I- ('crc4- ��, � MAILING ADDRESS: Sc'--1V k T `•CA DRIVER'S LICENSE #: At g*q4.7'1 NAME:��, 11 ,c,,v,\ ALIASES: RESIDENCE ADDRESS:__-13 Nb11%step &C mh r-A q 3 of MAILING ADDRESS:—__ si�,,.•-� CA DRIVER'S LICENSE#: HOa 3t� .> L41 (ATTACH ADDITIONAL OWNER INFORMATION) FIAVE ANY QFTHE OWNERS PREVIOUSLY OPERATED ANY SIMILAR BUSINESS UNDER A PERMIT OR LICENSE?_tAQ____IF YES, HAS ANY OWNER EVER HAD THE LICENSE OR PERMIT REVOKED OR SUSPENDED? IF YES,WHY? IS THE PR.EMISf S RENTED, LEASED OR BEING PURCHASED UNDER CONTRACT? IF YES, ATTACH A COPY OP THE LEASE OR CONTRACT. UNDER THE PENALTY OF PERJURY, I CERTIFY THAT I HAVE PERSONAL KNOWLEDGE OF THE INFORMATION CONTAINED IN THIS APPLICATION AND THAT IT IS TRUE AND CORRECT. I FURTHER CERTIFY THAT I HAVE READ AND UNDERSTAND THE PROVISIONS OF NEWPOR'r BEACH MUNICIPAL CODE CHAPTER 5.28. 2 13h applicant's signatureI da AYE'. ', -�;..!• vA CA Newport g866 te1s948• ' r CITY OF NEWPORT BEACH REVEN E U DIVISION e'�eoa�.r' 33M NEWPORT BLVDi P.O.BOX 1768,NEWPORT BEACH,CA 92659-8915 February 17, 1999 , Erik Rameson ZP's of Newport Beach"BUV:" 3450 Via Oporto Newport Beach,CA 92663 PERMIT TO CONDUCT CAFE DANCE The City of Newport Beach does hereby authorize cafe dance activities at the above indicated facility. This permit is issued to Erik Rameso% and is not transferrable to any other person or location. The approval of this permit is contingent on the compliance with the regulations for operation as defined by Newport Beach Municipal Code Sections 5.32.020, 5.32.030, and 5.32.035. This permit may be revoked for grounds as established by Newport Beach Municipal Code Section 5.32.060. A copy of the applicable Municipal Code sections has been included herewith. Approved by: `' '�'' ." • =• '�' � �-• " � Date: s cc: City Manager Police Department CITY OF NEWPORT BEACH . '" :• REVENUE DIVISION ,'� , ••:- ,ii• ....,.{.':ifJ Cox.ti,���;+..1'::::"•::: ct� 33M NEWPORT BOUI.1?VARD P.O.BOX 17c V NI?WPORT BI?ACH,CA 92658.8915 + (949)644-3141 FAX(949)644-3073 BUStf193 13`°";se`Ntlrrtb@r. RcvcnucHclp@cih.Ncwport-Beach.ca.us � BUSINESS LICENSE APPLICATION 1. Business Name � �7 �� T�,�u�t�f 17�G�C.�1 C �aG ��(�•2 . 2. Business Address _ ,-tso V l c" O�c r to Suite: City: �a t r t �Pr r �1 State: C lA Zip: Z(o(o 3. Mailing Address < rr,- Suite: City: State: Zip: 4. Business Phone q( `n ) L.,r] 3 LJ 100 5. Date Business Started in N ewp rtt Beach` 3 •-3­58 6.Type of Business Res-fC11�, c�-.:"� 7. State License No.�ly3`i�11�i-O Type Exp. &Seller's Permit No. SK E rCA q-H '?(At4� 9. Federal Employer ID No. 9`7-CY-4 2 %M 3 10.Type of Ownership(check one) OSole Proprietorship Social Security No. O LLC Tax ID No. Partnership Tax ID No. r1"I -C'M I SO'�-3 ❑Corporation ID No. State: _ 11. City law requires the following information on all principals. N necessary,please attach a list of additional principals. Name:,_ Erik Drivers License No. A 12 L)LAM Residence Address: tA L uyA,�P C 1 r1 Unit#City: f-,.,i Dor4- C c,st State: C A Zip: q1 a(;5 rI Phone: qi( L4q ) 9CX.1 4lG i 1 Name: I C YY-% 9RC"1±Sc; ,n Drivers License No. L 1�13i�` Residence Address: r7 3 H L)J t%SJCr R C.r-\r V-\ Unit# City: (' (;,V i r)tr" State: Cam_ Zip: c'+ 3 I t Phone: vS S�­`1 Ss'X, a 12. Business Location The business taxis based on the location of your business. See attachment for further instructions. ❑ My business is located outside the City of Newport Beach $160.00 ❑ My business is located at a residential site in the City $101.00 (�( My business is located at a commercial site in the City See Below The tax for in-city commercially based businesses is calculated by using the formula below.Multiply the number of W2 employees by$10 if the business does not have a Sellers Permit or by$5 if the business does have one and add to the base tax. ry (For In-City commercial locations only)$106.00 plus an additional $5.00 Or $10.00 X (No.of W2 employees) 13. Total Due: moc Please make checks payable to City of Newport Beach 14. 1 hereby certify under the penalty of perjury that I am authorized to make this statement and the information providec on this application Is true and correct. I have also read and understood the accompanying directions. Applicant's Signature Applicant's Name (Printed) Applicant's Title S lcS( n( cti.u.,Ni(:YJ Date OFFICE USE ONLY 0640-4415 t/ DATE SbS7#1 PERIOD / TO / 0640-4425 TOTALS 1 f y7 t FILE NO. 21739.0 DATE 9 � T �cT Payable [3 General Services [� Q Administrative Services Human ResourcesIC-3Mayor • C7 Arts Q M M Building Q City Attorney Planning Q Police Q City Clerk incering [,I City Manager M Public Works/Eng Public Works/Utilities Q City Manager(Assistant) 0 Revenue ' M Community Services [Q Fire&AiON t FRO OAS REQUESTED . VIEW OINFORMATION QCOMMENT ❑FILE OSIGNATURE ❑RETURN REMARKS _New Permit CITY OF NEWPORT BEACH Renewal LICENSE DIVISION PERMIT#: ______Amend 3300 NEWPORT BLVD P.O.BOXii ;.,,�----- ---- NEWPORT BEACLive Entertainment $ l.� —Tow Truck Driver $ se Q Escort Service $ e Skill Games Operator $ CDDoor To Door Solicitor$ QPawn Broker/2ad Hand $ APPLICANT INFORMATION - - - - -- -- - - - -- - - Ty _ - - Name_ T—r, Y Rc en,{oSO,''1 Maiden/AKA Address (C%LI t.t)L,1 G n City/State/Zip--t C& nu r CA Gi Phone: ( L c ) `7( , I b I ` List Two Prior Address: Address " � H G 1 r)r" 5 f t y i ' Address ?3 14o U;S•), J �� (n City/State/Zip C"6•� 3�G'/ City/State/Zip "1-✓ 04 tf U.S.Citizen: 'ES;NO Place of Birth: �'^�� µ2 2 • r Date of Birth: Sex: 9 F Age: 29 Ht: s ';-" WQVS Hair: WlKi Eyes: U-N Comp: Driver's License #:_ R I'1 3%m Social Security#:_ I'� Other State,Federal or Cite Licenses Held: List all Employers in the Last 3 Years. Begin wrath the most recent. If Self-Employed,include name,address,dates and type of Business. Business Name Address Phone Position Dates of Employmt 1�rc S ,T) 0,1 k-,i vn+.,n Ir✓,��� 5N)/261 -0404 V 1 7(f/W 3. CURRENT EYIPLOYER INFORMATION Business Name2,t.,rP Ncrt F n teo rtc, .r.ryve-,^-T Phone (�i��l ) co t OIA O Address_ K ()n \1lCr\ Y-fl.m— j 61-2 C C'C City/State/Zip-„ .1.r n CA Owner's Name: List all Principals,Officers,Partners. Title S Name Home Address Home Phone 1.— ( i k I�C .iu�Gf ` 6�I Wt��t r is �. i r"( Vic' .� �c.r mot. M �1 �,�•�, 1 ( � ��, }'"kY „ir c 93 rlrl I,stzr Ki..,tr { 3. LIVE ENTERTAINMENT& PATRON DANCE ONLY Type of entertainment (Piano Bar,Etc.) Parking A commodations/Numb .r Dance Floor Size Seating Capacity SKILL GAMES OPERATOR ONLY How Many Units: Size-of Room where units will be placed: Type of Games: • S=^ - _ SSSS.-S-�.=5'S= = ..=55== 5=5=SS=535S SSSiS=SS=SSSS=S= _ -•••-••••� ARREST&CRIMINAL INFORMATION • HAVE YOU YF�BEEN ARRESTED OR"BOOKED"BY A LAW ENFORCEMENT OFFICIAL OR HELD FOR EVER INVESTIGATION,OR INDICTED BY A GRAND JURY,OR APPEARED IN COURT ON A WARRANT,EITHER AS A JUVENILE OR ADULT,OR AS A CIVILIAN,OR A MEMBER OF THE ARMED FORCES? If the answer is YES to any of the above,you must list each incident below. Attach any additional information on a separate sheet. v e=Ijermit 12rogess begin, I HEREBY CERTIFY UNDER THE PENALTY OF PERJURY THAT I HAVE NEVER BEEN ARRESTED BY ANY LAW ENFORCEMENT AGENCY,HELD FOR INVESTIGATION,INDICTED BY A GRAND JURY OR THE SUBJECT OF ANY CRIMINAL PROSECUTION. I FULLY UNDERSTAND THAT OMITTING ANY INFORMATION BELOW WILL RESULT IN THE DENIAL OF THE PERMIT REQUESTED. SIGNATURE: DATE: y � r _ I �_ � — _ _ _ _ _ _ _ Violation Date:ti_..�—.— Original Arrest Charge(Crime)._ �,` �. Disposition of Charge:_ V Q ►�'�' Final Charge: 1 Arresting Agency-City: _S-- - - - - - _c _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .- .- - --- - - - -- _ _ _ _ _ _ .. -- Original Arrest Charge(Crime): Violation Date: Disposition of Charge: Final.Charge: Arresting Agency-City: .. _ _ _ _ _ _ _ _ _ � _ _ _ w _ _ � - - - - - - - - - - - -- ^- _ _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ v Original Arrest Charge(Crime): Violation Date: Disposition of Charge: Final Charge: Arresting Agency-City: M .- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ .- _ _ _ _ _ - - - — - _ _ -- ' - -- _ Original Arrest Charge(Crime): Violation Date:,; __— Disposition of Charge: Final Charge: Arresting Agency-City: — " - - -- - - - _ ~ — _ _ _ _ _ _ _ _ _ _ I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION GIVEN IS TRUE AND COR- RECT AND THAT ANY FALSE,OR WITHHOLDING OF,INFORMATION MAY SUBJECT ME TO CRIMINAL PROSECUTION AND IS GROUNDS TO DENY OR REVOKE MY LICENSE OR PERMIT. I FURTHER UNDER- STAND THAT I CANNOT OPERATE THIS BUSINESS OR CONDUCT THE ACTIVITY FOR WHICH THE PER- MIT IS REQUIRED UNTIL A PERMIT HAS BEEN ISSUED. I ALSO UNDERSTAND T1;iAT I AND MY EMPLOYEES MAY BE FINGERPRINTED AS A CONDITION OF OBTAINING THIS LICENSE OR PERMIT. SIGNATURE: DATEI TIME: 3 FEE PAID- DATE: WITNESSED BY: ` FOR OFFICIAL USE ONLY LOCAL RECORD NEGATIVE SEE ATTACI IED DATE FINGERPRINTS SEAT!' O.C.RECORD NEGATIVE SEE ATTACHED DDL RECORD NEGATIVE SEE At TACHED A.B.C.RECORD NEGATIVE SEE ATTACHED MCAPS RECORD NEGATIVE SEE ATTACHED.. CII RECORD NEGATIVE SEE ATTACHED NCIC RECORD NEGATIVE SEE ATTACHED. DISCREPANCIES IN APPLICANT'S STATEMENT AND RECORD CHECKS NEGAT M SEE ATTACHED BUSINESS ESTABUSIIMENT INFORMATIONNEGATIVE SEE ATTACHED INVESTIGATING OFFICER'S COMMENTS(INITIALS) OKAY.__- SEE ATTACHED PERTINENT RULES EXPLAINED YES NO . NIA APPLICANT REQUESTS TERMINATION OF PMM. rr: REASON: RECOMMENDATION: GRANT;__TERMINATE: DENY: OTHER: 2-Io�4t DATE: INVESTIGATING OFFICER: SUPERVISOR APPROVING• DATE: PERMIT APPROVED/DENIED BY FINANCE DEPARTMENT DATE/TIME: -- PERMIT#: r +� CITY OF N E WPORT BEACH ENTERTAINMENT PERMIT APPLICATIOti h e B L StiESS \-AM E: < ...� LEGAL DESCRIPTION OF PARCEL BUSINESS PHONE 1"t •lei��• c}"iUL�ANT'ICIPATED OCCUPANCY DATE ENTERPRISE ACQUIRED.--.DATE BUS INNESS TO COMMENCE DESCRIPTION OF ALL PROPOSED ENTERTAIMME* NT ACTIVITIES: (ATTAC. i„Do3:?6O Z DESCRDMO:d) Attach hereto. 1. A site plan describing the building and/or unit proposed for the entertainment establishment and a fully dimensioned interior floor plan. OV^ER'S UNCLUDE ALL PARTNERS OR PERSONS WHO HOLD A CONTROLLING INTEREST) NAME— Er.a Q[mPsy�^, ALIASES: RESIDE'�CE ADDRESS._ IOLA 1•jr1,tr -MAILr..G ADDRESS: — 5G-•'ram_ --CA DRJVER'S LICENSE#. At etto yi 11 NAME kr.nne ALIASES: R.ESIDEtiCE ADDRESS:_'13 i tnt ,ts,�, ,��, ,� �,, M.AII.r.LG ADDRESS: (sr fi' r'"� CA DRIVER'S LICENSE#. HG;A 5u: y"7 �'FORhlAT?G'\'f n Ait Bt SL`•'ES5 :'`:DER A %� �:": CF. �_ �S. �i S n.'q! . ..,. «».:. :rl LICEtiSE OR PEP "':� ..E.�S�O .. .. Lli.`£'!{rlC.M =• n a n w. OF:HE LEASE OR CO:::F:._. UNDER THE PENALTY OF PERJURY, I CERTir Y THAT I H VE PERSONAL KNOW. EDGE OF THE INFOR.tiLATION CONTAINLI) IN THIS APPLICATION AND THAT IT 1S TRUE AND* CORREC1 . ! FURTHER CERTIFY THAT 1 IIA%*F READ AND UNDERSTAND '111F: PROVIS1O.NS OF \ENN PORT BEACH MI;NICIPAL CODE CHAP'1.LR 5.28. srr.:...f::.S.S:Snar,::e afi v copyp 1 } , New Permit CITYOF NEWPORT BEACH ttenewal. LICENSE DIVISION PEIIMIT.#: : -----Amend 3300 NEWPORT BLVD P.O.BOX 1768 NEWPORT BEACH,CA 92659-1768 . Live Entertainment $ I Y& 0 D Patron Dance $ ®Tow Truck Driver $ 0Taxi Driver.$ Escort Service $ ®Escort Employee$ Skill Games Operator. eDoor To Door Solicitor$ Pawn Brokerr2nd Hand $ APPLICANT INFORMATION Name !''► L G4 tamMaideWAKA Address��(oLl LA&i t e Co-n Lang— City/StaWZp Phone: List Two Prior Address: Address 1AH 6 4f)"' City/State/Zip'5'.-4•r' 4 ✓ VIC, cy1 Address L S rG City/State/Zi CO 230 l 7 .. U.S.Citizen: NO Place of Birth: '^`` Po h; r Date of Birth:. 5; f Sex: 6 F Ago,Q_Ht: Lt' Wt:►SS Hair:.QPEW Eyesi A�6i Comp: . Driver's License#:_ A 1135,q!g Social Security Other State,Federal or City Licenses Held: List all Employers in the Last 3 Years. Begin with the most recent. If Self-Employed,include name,address,dates and.type of Business. Business Name Address Phone. Position Dates of Emplo)13a CC tr�:1� tw�� ..'E �f � Uyti k� w+ .H Ir✓;�K� "►Y`tL26l�Lyd� 2. I f a W �Q��. �- S�`• Sit 1o,, voc- 65--�S 7 7 l:(' 9 3. CURRENT EMPLOYER INFORMATION Business Name i'Y: t',re P1_-, ti F n te_rt-_�n e e.ej- Phone , )i aw 1 0,4 30 1 Address 1 e3r)6 VC-r\ 4:CmQn . -/)1'e 900 City/State/Zip Owner's Name: List all Principals,Ofcers,Partners. Title&Name Home Address Home rhone. . L,Jh"tr Cr..s� L� N�,.�raU�'I' Cczst CH7 i�r_:,nf3Gn rf AnII ve r s?waj I plc. 3. LIVE ENTERTAINMENT&PATRON DANCE ONLY Type of entertainment(Piano Bar,Etc.) Parking A . mmodations{Numb r Dance Floor Size Seating Capacity SKILL GAMES OPERATOR ONLY How Many Units: Size of Room where units.will be placed: Type of Games: rev aa=as==.a=saa===aaa.:aaaaaaaaano==ass=aac=dx�srxssq�zeaae;rsxs.sGa ARREST&CRIMINAL INFORMATION " HAVE YOU 1$BEEN ARRESTED OR BOOKED"$Y A LAW ENFORCEMEN'I'.0I 'IOIAI.43R°.IMI.D:'F0R ' hvYESTIGATION,OR INDICTED BY A GRAND JURY,OR APPEARED IN COURT ON A WARRANT, 1T.-HER AS A JUVENILE OR ADULT,OR AS A CIVILIAN,OR A MEMBER OF THE ARMED FORCES? If the answer is YES to any of the above,you must list each incident below. Attach'any'additional information►an a.separ$te sheet. �i�c,form must be rDMWCted in order to have yoLr Fermit r�ss begin• I HEREBY CERTIFY UNDER THE.PENALTY OF PERJURY THAT I HAVE NEVER BEEN ARRESTED BY ANY LAW ENFORCEMENT AGENCY,HELD FOR INVESTIGATION,INDICTED BY A GRAND JURY.OR THE SUBJECT OF ANY CRIMINAL PROSECUTION. I FULLY UNDERSTAND WHAT OMITTi p ANY INFORMATION BELOW WILL RESULT IN THE DENTAL OF THE PERMIT REQUESTED. SIGNATURE: DATE: - ,� - Y_»_ Y_ »Y __- - Y Y� - - - Original Arrest Charge(Crime)• C"vt QUAA 4/S r I d. Violation Date:. Disposition of Charge: 1V�O r a,AA-=t Final Charge: Arresting Agency-City. S�K L�► �: ' Y » » » » .. » Y » ... Y»r•, ,..:YY... .,.�.e-'w. ......�..e..:'.aYr� Y w• Y Y Y •v /•-» » Y -.• /V Y••-Mr Y Y •r'» »�PI-AI .�• Y : Original Arrest Charge.(Crime). Violation Date: Disposition of Charge: Final Charge: Arresting Agency-City: _ - - » » » YY - - - _ » Y Y } Original Arrest Charge(Crime): Violation Date: Disposition of Charge: __ Final Charge: . Arresting Agency-City: Y Original Arrest Charge(Crime): Violation Date: Disposition of Charge: ' Final Charge: Arresting Agency-City• » .. YY _ YYY» » » _ _ YY _ Y _ YY » .. Y » » Y » - » » ».-, »»'w-» ^-"` w " .. " I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION FTVENIS TRUE AND COR- RECT AND THAT ANY FALSE,OR WITHHOLDING OF,INFORMATION MAY SUBJECT ME TO:CRIMINAL PROSECUTION AND IS GROUNDS.TO DENY OR REVOKE MY LICENSE OR PERMIT.,I FURTHER UNDER STAND THAT I CANNOT OPERATE THIS BUSINESS OR CONDUCT THE ACTIVITY FOR WHICH THE PE+R MIT IS REQUIRED UNTIL A PERMIT HAS BEEN ISSUED. I ALSO UNDERSTAND THAT I'AND.MY EMPLOYEES MAY BE FINGERPRINTED AS A CONDITION OF OBTAINING THIS LICENSE Oft PERMIT. SIGNATURE; DATEJTIME: . PAID - DA WITNESSED BY- OM ... ....... FOR OFFICIAI.USE 4NUk ...... ....... . . . . ........ ...... ........ :........: NEGATIVE:` ACHED" DATEFINGERPRIt IT5 SENT C[I. :: ........., . +: r LOCAI.RECORD . :.: DDL AECY)R6:::_. +00+ U.0 RECORD... NEGATIVE SEEIITTACHED.. TZTrAED,:: :::.:::`':`:.' ...... ........::.:::.... .. .. .. itb AEC1�ECORI)::. NE�3A .::...:: ::. SA'[`I`ACHI:Q..... . . . - -;:::::::.:: ::..::::::::: ::.:. . ...... ... .... _.�... ..:•:..... .................. NE�`rATIYL..... NEG RFCORIa CIC.I :: CB ........... ... ............. ........ ::NEGATIVE.;:::::::'<:;:: ` TTi4t %`::z '' . D AIJCIES IN APPt1CANT'S S1�P►TBMEI+T!'l�Nl :RECORD CHECKS:;`: '. .:...: ...... .:........... ....,..::....,............... .. ..... ... ISCREP!. .::::: ............ : . :iJEGA7ii/E'. : :;.. ; 3EBA'I"X'AQ ':.': ` ,, :BUSIi!IESS ESTABI:iSIIMETTi'INPORMA�'fION... ;....:.. ... ... ............... ................... ........ :::.:. GA'!'iN�'OMCI* "$CCSMMENfS(il�i!`iALS)' � ^ T ............ :::3tLS PERTINENT'RULES'EXPtAIN,ED; .; :• +..A CAN rR+eouFmS TERMINATION OF PERMIT: REASON: :: ...... ' :.'.:' c — • REC0161I4I1_:NDATION: GRANT;;_„•_TERMINATE: OTHER: DENY: ..... ; :. . IN VESTIC ATING:OFFICER: . .:•..• :. .., :;DAB::..::':. .: :. ......... SUPERVISOR APPRONG PERMIT APPROVED/DENTED B"FINANCE DEPARTMENT DA'TEfTII�+IE: PCOY ' CITY OF NEWPORT BEACH r1t�aoa,,�r. ENTERTAINMENT.PERMIT APPLICATION f � —�--� `c BUSINESS NAME: B.uSrNESS,ADDRESS:_ s�> LEQAL DESCRIPTION OF PARCEL: BUSI;;I.ESS PRONE c70coANTICIPATED OCCUPANCY:;�,,,-_ rt DATE ENTERPRISE ACQUIRED. DATE BUSINESS TO COMMENCE; DESCRIPTION OF ALL PROPOSED ENTERTAINMENT ACTIVITIES: .. (ATTACH ADDITIONAL DESCRIA'I'ION) Attach hereto: 1. A site plan describing the building and/or unit proposed+for the enterta,' rent establishment and a fully dimensioned interior floor plan. OWNER'S (INCLUDE ALL PARTNERS OR PERSONS WHO MOLD A CONT'ROLLINCx+ INTEREST) NAME, = ALIASES: RESIDENCE ADDRESS: 1_ MAILING ADDRESS:__ -`CA DRIVER'S LICENSE t!:_ Prl ato N417 NAME: ALIASES: RESIDENCE ADDRESS:_"?3 MAILNG ADDRESS:___ c"v�a CA.DRIVER'S (ATTACH ADDITIONAL OWNER INFORMATION) FL�vE ANY�QI� 'I HE Ow'.TRS PREVIOUSLY OPERATED ANY SIMII,AR BUSINESS UNDER.A PERJkQ`T OIt UCI:tiSE''_N_o IF YES, HAS ANY OWNER EVER HAD THE LICENSE OR PERMIT REvt>IEED OR SI:SFIF YES,WHY? ff IS THE PREMISES RENTED, LEASED OR BEING PURCHASED .UNDER CONFR�tCT? . YES, ATTACH A COPY OF THE LEASE OR CONTRACT. , UNDER THE PENALTY OF PERJURY, I CERTrfY THAT T HAVE PERSONAL I{N.OWLEDGE OF THE INFORMATION CONTAINED IN THIS APPLICATION AND THAT IT IS TRUE AND CORRECT, I FURTHER. CERTIFY THAT I HAVE READ AND UNDERSTAND TIDE PROVISIONS. OF. NEWPORT BEACH MUNICIPAL .CODE CHAPTER 5.28. applicant's signature da . � pole'-,ir1 _ co A Ina "*vents*vl ynln i`ia1 gpedarl , 3480 Via► A '* Newport Bea CA 9$663 e-mail:xsewport uaoi.eam tel:$49.673.4700 tars:949.673•.8120 . � -7 7 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 24,2001 Staff Planner: James Campbell, (949)644-3210 X PUBLIC WORKS DEPkTMENT 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 X REVENUE X ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: JP's of Newport Beach CONTACT: Barry Hamond, 949 250-7117 FOR: PA2001-027 (Use Permit for eating and drinking establishment/bar/banquet/dancing facility and parking waiver) DESCRIPTION: Amendment to Use Permit No 3626 by changing the operational characteristics of a former entertainment/restaurant(The Buzz)creating a restaurant,bar,banquet and dancing facility called"The Newport Fish House."The project includes live entertainment and an increase in net public area resulting in a request to waive additional off-street parking spaces. LOCATION: 3450 Via Oporto ! REPORT REQUESTED BY: August 8, 2001 COMMISSION REVIEW(Tentative): August 23,2001 Check all that annly. ❑ 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 will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: O schedule an appointment for Code review, O discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS(Q see attached): Si ature• Ext. 33 Date: Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, t17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquettmeeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior (exterior entertainment will be consistent with existing permit) of the facility, which may or may not be performed in conjunction with any banquet event. The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm this request would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance floor. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will be used on Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public. 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. r r • Plan Review Request Comments—PA2001-027, Newport Fish House 1. This area has experienced severe parking problems in the past when multiple night clubs were in operation. Any additional waiver or required parking should be carefully considered. 2. The existing Use Permit 3626 includes several conditions relating to the provision of Valet Parking which have not been satisfied. Due to past problems with valet operations and the narrowness of Via Oporto, this amendment should be conditioned as follows: "A new Valet Operation Plan shall be submitted for review and approval by the Traffic Engineer and the Traffic Division of the Police Department. The plan shall address, at a minimum, all of the areas covered by conditions to Use Permit 3626." 3. Applicant will be required to obtain a Special Event Permit from the Community Services Department for all uses no included in this Use Permit or as defined by Municipal Code Section 5.10.010. CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 24, 2001 AIAA Staff Planner: James Campbell, (949) 644-3210 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 X REVENUE X ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: JP's of Newport Beach CONTACT: Barry Hamond, 1 (949)250-7117 FOR: PA2001-027 (Use Permit for eating and drinking establishment/bar/banquet/dancing facility and parking waiver) DESCRIPTION: Amendment to Use Permit No 3626 by changing the operational characteristics of a former entertainment/restaurant(The Buzz)creating a restaurant,bar,banquet and dancing facility called "The Newport Fish House." The project includes live entertainment and an increase in net public area resulting in a request to waive additional off-street parking spaces. LOCATION: 3450 Via Oporto REPORT REQUESTED BY: August 8, 2001 COMMISSION REVIEW(Tentative): August 23, 2001 Check all that apply: ❑ omments on the project as presented. ❑ Recommended conditions of approval are attached. I Application of Standard Code requirements ❑ Application of Standard Code requirements or the are not expected to alter the project design. 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, O discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS (Q see attached): Si nature: Ext. Date: JC1 a Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, ±17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquet/meeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior (exterior entertainment will be consistent with existing permit) of the facility, which may or may not be performed in conjunction with any banquet event. The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm this request would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance floor. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the north exit. The area near the north exit will be used from time to time as a banquet ' area with a 144 square foot dance floor. The area near the north exit will be used on Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public. 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 24, 2001 Staff Planner: James Campbell, (949) 644-3210 X PUBLIC WORKS DEPARTMEI'QT 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 X REVENUE X ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: JP's of Newport Beach CONTACT: Barry Hamond, 111(949)250-7117 FOR: PA2001-027 (Use Permit for eating and drinking establishment/bar/banquet/dancing facility and parking waiver) DESCRIPTION: Amendment to Use Permit No 3626 by changing the operational characteristics of a former entertainment/restaurant(The Buzz)creating a restaurant,bar,banquet and dancing facility called "The Newport Fish House." The project includes live entertainment and an increase in net public area resulting in a request to waive additional off-street parking spaces. LOCATION: 3450 Via Oporto REPORT REQUESTED BY: August S, 2001 COMMISSION REVIEW(Tentative): August 23, 2001 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 will substantially impact or alter the design of the project. I contacted the applicant on to: 0 schedule an appointment for Code review, I discuss the following(attach separate sheet if necessary):) a���[�� rs ���Q,,y� As ADDITIONAL COMMENTS (0 see attached): Si nature: Ext. Date: b i Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, ±17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquet/meeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior (exterior entertainment will be consistent with existing permit) of the facility, which may or may not be performed in conjunction with any banquet event. The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm this request would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance floor. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will be used on 1 Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public. 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 24, 2001 Staff Planner: James Campbell, (949) 644-3210 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 j MARINE SAFETY X REVENUE X ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: JP's of Newport Beach CONTACT: Barry Hamond, (949)250-7117 FOR: PA2001-027 (Use Permit for eating and drinking establishment/bar/banquet/dancing facility and parking waiver) DESCRIPTION: Amendment to Use Permit No 3626 by changing the operational characteristics of a former entertainment/restaurant(The Buzz)creating a restaurant,bar,banquet and dancing facility called "The Newport Fish House." The project includes live entertainment and an increase in net public area resulting in a request to waive additional off-street parking spaces. LOCATION: 3450 Via Oporto REPORT REQUESTED BY: August 8, 2001 COMMISSION REVIEW(Tentative): August 23, 2001 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 will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: O schedule an appointment for Code review, 0 discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS ( see attached): Signature: -, Ext. 7 Date: q r Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, ±17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquettmeeting areas Ad dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior (exterior entertainment will be consistent with existing permit) of the facility, which may or may not be performed in conjunction with any b anquet even 7 The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm this request would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to.time as a banquet , area with a 144 square foot, temporary dance floor. On,4 ( a c L w c icy The second floor consists of: 1. A bar/lounge area that is approximately 2,OOO square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the ? north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will be used on Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public. 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 24, 2001 Staff Planner: James Campbell, (949) 644-3210 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 ICE& LLIGENCE MARINE SAFETY X REVENUE X ECONOMIC DEVELOPMENT(Commercial Development Only) APPLICATION OF: JP's of Newport Beach CONTACT: Barry Hamond, (949)250-7117 FOR: PA2001-027 (Use Permit for eating and drinking establishment/bar/banquet/dancing facility and parking waiver) DESCRIPTION: Amendment to Use Permit No 3626 by changing the operational characteristics of a former entertainment/restaurant(The Buzz)creating a restaurant,bar,banquet and dancing facility called "The Newport Fish House."The project includes live entertainment and an increase in net public area resulting in a request to waive additional off-street parking spaces. LOCATION: 3450 Via Oporto FEPORT REQUESTED BY: August 8, 2001 COMMIS N REVIEW (Tentative): August 23, 2001 Chec all that ap)� - 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 will substantially impact or alter the design of the project. ❑ I contacted the applicant on to: 0 schedule an appointment for Code review, ID discuss the following(attach separate sheet if necessary): ADDITIONAL COMMENTS (0 see attached): Signature: Ext. 'J-�� Date: Amend Use Permit No. 3626 to allow the following use at 3450 Via Oporto: Restaurant with bar, banquet and dancing facility to occupy a site presently developed with a two-story, t17,500 square foot building and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquet/meeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live entertainment is proposed for the interior (exterior entertainment will be consistent with existing permit) of the facility, which may or may not be performed in conjunction with any banquet event. The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live entertainment during the evenings (one or two performers with no brass or percussion instruments). (current CUP has outside live entertainment from 10am/10pm this request would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance floor. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be used from time to time as a banquet facility or meeting room. A 144 square foot, temporary dance floor will be erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will be used on Thursday, Friday, Saturday and holiday evenings between 9 p.m. and 2 a.m. for dancing, open to the general public. 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST Date: July 24, 2001 Staff Planner: James Campbell, (949) 644-3210 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 DEPARTMENTIVICE&INTELLIGENCE MARINE SAFETY X REVENUE X ECONOMIC DEVELOPMENT(Commercial Development Only) / APPLICATION OF: JP's of Newport Beach CONTACT: Barry Hamond, (949)250-7117 FOR: PA2001-027 (Use Permit for eating and drinking establishment/bar/banquet/dancing facility and parking waiver) DESCRIPTION: Amendment to Use Permit No 3626 by changing the operational characteristics of a former entertainment/restaurant(The Buzz)creating a restaurant,bar,banquet and dancing facility called "The Newport Fish House." The project includes live entertainment and an increase in net public area resulting in a request to waive additional off-street parking spaces. LOCATION: 3450 Via Oporto REPORT REQUESTED BY: August 8, 2001 COMMISSION REVIEW (Tentative): August 23, 2001 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 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): ?rJ/OD1"rlcL7" - ff f � i Signature: Ext. Date: 8 Oho 0 Amend Use Permit No. 3626 to al Ilowing use at 3450 Via Oporto: Restaurant with bar, banquet a ancin acility to occupy a site presently developed with a two-story, ±17,500 square foot b and partially covered patio. The primary use of the site will be to serve food an beverages in a restaurant setting. Accessory uses include bar/lounge areas, banquet/meeting areas and dancing areas. The hours of operation will be 10:00 a.m. to 2:00 a.m. daily. Live ment is proposed for the interior (exterior entertainment will be consistent w' is in g permit of the facility, which may or may not be performed in conjunction with any banqu ,The ground level consists of: 1. An outdoor patio to be used for dining only with occasional non-amplified live y entertainment during the evenings (one or two performers with no brass or ercussion instruments). (current CUP has outside live entertainment from 10am/10pm this request would not change it) 2. Interior areas include formal dining areas, including a private dining room, bar area, customer waiting areas, bathrooms, kitchen and service areas. Additionally, the main dining room near the northernmost exit maybe used from time to time as a banquet area with a 144 square foot, temporary dance fl r. The second floor consists of: 1. A bar/lounge area that is approximately 2,000 square feet in area. This area will be primarily be used for food and beverage service in an informal setting with couches and bench seating. This area will also serve as a waiting area for other dining areas. The area will have two pool tables and projection televisions where sporting events may be watched. Full menu service will be available in this area although traditional dining tables will not be provided. This area will also be usi time to time as a banquet facility or meeting room. A 144 square foot, eml: a ance floor will be ;1 erected and used as necessary only in conjunction with banquet events. 2. Informal dining areas near the windows overlooking the bay and in the vicinity of the 59e'w"- north exit. The area near the north exit will be used from time to time as a banquet area with a 144 square foot dance floor. The area near the north exit will be used n Thursday, Friday, Saturday_ancl holiday evenings etween 9 p.m. and 2 a.m. for 'ancing, open o the general public. _ 3. Customer dancing of will be limited to a 450 square foot, temporary dance floor that will be erected for such use. (this is the only area where a consolidation of dance floors will occur and at any one time the total portable dance floors will not exceed 450 sq. ft) 4. Bar areas around the open stair well, customer bar, and floor area between. Full menu service will be available in this area although traditional dining tables will not be provided. 5. A small area near the north exit and adjacent to the bar area will have two pool tables. 6. Restrooms, kitchen and service areas. Smooth Feed SheetsTM Use template for 51600 0 049-130-25 049-130-26 423-121-03 GOLDEN HILLS PROPERTIES COUNTY OF ORANGE JERRY J KING 9701 WILSHIRE BLVD 1210 400 CIVIC CENTER DR W 226 E 21ST ST 1/2 BEVERLY HILLS 90212-2019 SANTA ANA CA 92701-4521 COSTA MESA CA 92627-2126 423-121-04 423-121-05 423-121-06 STATE OF CALIFORNIA MARVIN ENGINEERING CO I MARVIN ENG EERING CO I 2501 PULLMAN ST 260 W BEACH AVE 260 W CH AVE SANTA ANA CA 92705-5511 INGLEWOOD CA 90302-2903 IN WOOD CA 90302-2903 423-122-01 423-122-02 423-122-03 LWB LIDO FINANCIAL LLC MARVIN ENPZIdERING CO I LIDO P LJR 610 NEWPORT CENTER DR 1 260 WJMCH AVE 1224 E GREEN ST NEWPORT BEACH 92660 INGTAP400D CA 90302-2903 PASADENA CA 91106-3112 423-122-04 423-122-05 423-122-06 GORDON C ATKINSON 3418 VIA LIDO ASSOCIATE 3418 VIA ASSOCIATE 3430 VIA LIDO 1460 WESTWOOD BLVD 2 1460 OOD BLVD 2 NEWPORT BEACH 92663-3909 LOS ANGELES C 90024-4937 LO GELES C 90024-4937 423-122-07 423-122-08 423-122-09 DOUGLAS W DREYER WILLIAM W MCDOWELL DENNIS OVERSTREET 519 MARIGOLD AVE 432 ANGELITA DR 210 VIA LORCA CORONA DEL MA 92625-2408 CORONA DEL MA 92625-1911 NEWPORT BEACH 92663 423-123-01 423-123-02 423-123-03 CITY OF ORT BEACH B&PO OF ELKS LODGE #176 JUNE J COOPER PO BO 68 3456 VIA OPORTO 260 W BEACH AVE NEW T BEACH 92658-8915 NEWPORT BEACH 92663-3943. INGLEWOOD CA 90302-2903 423-123-04 423-123-05 423-123-06 ROHRS CALVIN G HARRY M KELSO MARVIN EUPZMERING CO I 260 W BEACH AVE 260 W BEACH AVE 260 .W CH AVE INGLEWOOD CA 90302-2903 INGLEWOOD 'CA 90302-2903 INGLEWOOD CA 90302-2903 423-123-07 Newport Island Incorporated Lido Marina Village T G LYON Jim Miller Donna Larson, Manager 2660 E COAST HWY 3903 Marcus Ave. 3400 Via Oporto 104 CORONA DEL MA 92 6 2 5-213 3 Newport Beach, CA 92663 Newport Beach, CA • 92663 *** 22 Printed *** Newport Towers Hmawnrs. Asoc. JP s of Newport Beach Kevin McCracken Kevin 2901 W. Pacific ACst Hwy Ste 3 3079 Warren Lane Suite 310 Costa Mesa, CA . 92626 Newport. Beach, CA. 92663 Starworks Arena/Entertainment Barry Hammond Group International 41 Corporate Park #210 2901 W. PCH, Suite 310 Irvine, CA 92606 Newport Beach, CA 92663 �� AVERY@ Address Labels f,� (�p>�rt _Qb Laser 5960TM PROPERTY OWNERS CERTIFICATION 1,Jeanne Funkhouser,Certify that on r ��� v e attached property owners list was prepared by Fidelity National Title Company pursuant to lication requirements furnished by fffeet ete and true compilation of owners of the subject property and all other property owners within of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the information files as true and correct to the best of my knowledge. I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. Name: Jeanne Funkhouser Title: Major Accounts Address: Fidelity National Title 1300 Dove Street, Suite 310 Newport each Ca 92600 Phone: (9 )622- 939 Signature 1t�- �' ,� �1 / Date ��;; Case# wr * Acxiom/DataQuick Systems Report * Orange Prepared for: JBA Aslan Barry Hammond Provided by: FIDELITY NATIONAL TITLE C&I Account Rep: 1300 Dove St . , Suite 310 Prepared by: Jeanne, customer service Newport Beach, Ca. 92660 (949) 622-4939 ****************************************************************************** * Farms - 5 line : records 1 to 23 * * --- Search Criteria --- Parcel Number 04913020, 04913025 . . 04913026, 423121, 42312201 . .42312209, * * 42312301 . .42312307 * * * * * * * * * * * * * * * * * * * * * * * * * 23 matching properties were found Thu Feb 01 16 :44 :54 2001 ****************************************************************************** ** 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 FIDELITY NATIONAL TITLE C&I ~ 0 0 Page 1 ------------------------------------------------------------------------------ 1 ) Prcl : 049-130-20 Site:*NEWPORT BEACH CA Ownr:LARSON, GP Mail : Use:MISCELLANEOUS Ph: Xmpt : Sale: Date: 01/28/97 Ln: Doc: 6 Yb: Sgft : Asd: $31, 939 Imp : O Tract: 00361 Blk:2 Lot :170 LotSz : Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 2 ) Prcl : 049-130-25 Site : Ownr:GOLDEN HILLS PROPERTI Mail : 9701 WILSHIRE BLVD 1210*BEVERLY HILLS CA 90212 Use:VACANT-COMMERCL Ph: Xmpt : Sale: Date : 07/28/99 Ln: Doc: Yb : Sgft : Asd: Imp: O% Tract : 00361 B1k:2 Lot :170 LotSz : Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 3 ) Prcl : 049-130-26 Site : Ownr:COUNTY OF ORANGE Mail :400 CIVIC CENTER DR W*SANTA ANA CA 92701 Use:WHOLLY - VACANT Ph: Xmpt : Sale : Date : Ln: Doc:42750287 Yb : Sgft : Asd: Imp : O% Tract : 00006 B1k:10 Lot :28 LotSz : Rms : Bed/Bath: Un: ------------- ----------------------------------------------------------------- 4 ) Prcl :423-121-03 Site :3600 NEWPORT BLVD*NEWPORT BEACH CA 92663 Ownr:KING, JERRY J Mail :226 E 21ST ST 1/2*COSTA MESA CA 92627 Use:SERVICE STATION Ph: Xmpt : Sale: Date:12/14/88 Ln: Doc:650166 Yb:1954 Sgft :1, 039 Asd: $414, 953 Imp : O% Tract : 00006 B1k:10 Lot :28 LotSz :5, 550 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 5 ) Prcl :423-121-04 Site : Ownr:STATE OF CALIFORNIA Mail :2501 PULLMAN ST*SANTA ANA CA 92705 Use:WHOLLY - VACANT Ph: Xmpt : Sale : Date : 11/20/97 Ln: Doc: Yb: Sgft : Asd: $519 Imp : O Tract : 00006 B1k:10 Lot :28 LotSz : Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 6 ) Prcl :423-121-05 Site:3700 NEWPORT BLVD*NEWPORT BEACH CA 92663 Ownr:MARVIN ENGINEERING CO Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use:COMMERCIAL-MISC Ph: Xmpt : Sale: Date: 05/23/90 Ln: Doc: Yb: Sgft : Asd: $1, 833 , 262 Imp:42% Tract : 00006 B1k:10 Lot :28 LotSz : Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 7 ) Prcl:423-121-06 Site :3636 NEWPORT BLVD*NEWPORT BEACH CA 92663 Ownr:MARVIN ENGINEERING CO Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use:COMMERCIAL-MISC Ph: Xmpt : Sale: Date: 05/23/90 Ln: Doc: Yb: Sgft : Asd: $300, 059 Imp :26% Tract : 00006 B1k:10 Lot :28 LotSz : Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 8 ) Prcl :423-122-01 Site:3434 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:LWB LIDO FINANCIAL LL Mail : 610 NEWPORT CENTER DR 1700*NEWPORT BEACH 92660 Use:RESTAURANT Ph: Xmpt : Sale : $3 , 250, 000F Date: 11/22/00 Ln: Doc:639182 Yb:1973 Sgft :140, 912 Asd: $2 , 043 , 712 Imp:46% Tract : 01117 Blk: Lot :2 LotSz :16, 000 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 9 ) Prcl :423-122-02 Site :3421 VIA ORPORTO*NEWPORT BEACH CA Ownr:MARVIN ENGINEERING CO Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use:STORES - OTHER Ph: Xmpt : Sale: Date: 10/22/81 Ln: Doc:277169 Yb :1974 Sgft :16, 271 Asd: $5, 901, 658 Imp :56% Tract : 01235 Blk: Lot: 1 LotSz :41, 256 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation 0 0 Page 2 ------------------------------------------------------------------------------ 10 ) Prcl :423-122-03 Site :3444 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:LJR, LIDO P Mail :1224 E GREEN ST*PASADENA CA 91106 Use :FINANCIAL - BAN Ph: Xmpt : Sale:$550, 000F Date: 03/08/94 Ln: Doc:163283 Yb : 1952 Sgft : 9, 004 Asd: $960, 982 Imp :37% Tract : 01235 Elk: Lot : 9 LotSz : 9, 680 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 11 ) Prcl :423-122-04 Site :3430 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:ATKINSON,GORDON C JR Mail :3430 VIA LIDO*NEWPORT BEACH CA 92663 Use:STORES - OTHER Ph: Xmpt : Sale: $1, 575, 000F Date: 06/22/90 Ln: $206, 749 Doc: 120080436 Yb : 1953 Sgft :1, 547 Asd: $242 , 324 Imp :700-. Tract : 01235 Elk: Lot : 8 LotSz :1, 500 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 12 ) Prcl :423-122-05 Site:3428 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:3418 VIA LIDO ASSOCIA Mai1 :1460 WESTWOOD BLVD 2*LOS ANGELES CA 90024 Use:STORES - OTHER Ph: Xmpt : Sale: $1, 575, OOOF Date: 06/22/90 Ln: $206, 749 Doc:333767 Yb: 1954 Sgft :5, 757 Asd: $789, 036 Imp :55% Tract : 01235 Elk: Lot :7 LotSz :4, 500 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 13 ) Prcl :423-122-06 Site:3420 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:3418 VIA LIDO ASSOCIA Mail :1460 WESTWOOD BLVD 2*LOS ANGELES CA 90024 Use:STORES - OTHER Ph: Xmpt : Sale : $1, 575, 000F Date: 06/22/90 Ln: $206, 749 Doc:333767 Yb:1954 Sgft :2, 607 Asd: $399, 922 Imp :49% Tract : 01235 Elk: Lot:6 LotSz :3, 000 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 14 ) Prcl :423-122-07 Site :3416 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:DREYER, DOUGLAS W TR Mail :519 MARIGOLD AVE*CORONA DEL MAR CA 92625 Use :STORES - OTHER Ph: (949) 640-7824 Xmpt : Sale: $135, 000F Date :11/24/69 Ln: Doc: 91440914 Yb :1953 Sgft :6, 033 Asd: $167, 517 Imp :51% Tract : 01235 Elk: Lot :5 LotSz : 3 , 000 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 15 ) Prcl :423-122-08 Site :3412 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:MCDOWELL,WILLIAM W TR Mail :432 ANGELITA DR*CORONA DEL MAR CA 92625 Use :STORES - OTHER Ph: (949) 673-8002 Xmpt : Sale: Date : 04/11/90 Ln: Doc: Yb :1953 Sgft :3, 047 Asd: $124, 370 Imp:34% Tract : 01235 Elk: Lot :4 LotSz :3, 000 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 16 ) Prcl :423-122-09 Site:3404 VIA LIDO*NEWPORT BEACH CA 92663 Ownr:OVERSTREET, DENNIS Mail :210 VIA LORCA*NEWPORT BEACH CA 92663 Use:STORES - OTHER Ph: Xmpt : Sale : $638 , 000F Date:11/09/00+ Ln: Doc:611260 Yb: 1956 Sgft :5, 313 Asd: $231, 153 Imp: 60% Tract : 01235 Elk: Lot :3 LotSz :3 , 001 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 17 ) Prcl :423-123-01 Site: 92663 Ownr:CITY OF NEWPORT BEACH Mail :PO BOX 1768*NEWPORT BEACH CA 92658 Use :MISCELLANEOUS Ph: Xmpt : Sale: Date: Ln: Doc:43 Yb: Sgft : Asd:$307, 818 Imp :1% Tract : 00006 B1k:10 Lot :3 LotSz : Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 18 ) Prcl :423-123-02 Site:3456 VIA OPORTO*NEWPORT BEACH CA 92663 Ownr:B&PO OF ELKS LODGE #1 Mail :3456 VIA OPORTO*NEWPORT BEACH CA 92663 Use :FRATERNAL-ELKS Ph: Xmpt : Sale: Date: 03/25/71 Ln: Doc: 95820587 Yb: 1954 Sgft : 8, 795 Asd: $341, 360 Imp :25% Tract :00907 Elk: Lot : 1126 LotSz : 9, 121 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation 0 0 Page 3 ------------------------------------------------------------------------------ 19 ) Prcl :423-123-03 Site:3450 VIA OPORTO*NEWPORT BEACH CA 92663 Ownr:C00PER, JUNE J TR Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use:RESTAURANT Ph: Xmpt : Sale : Date: 06/04/99 Ln: Doc: Yb:1957 Sgft : 9, 332 Asd: $2, 205, 676 Imp:46% Tract : 00063 B1k:11 Lot :l LotSz :11, 750 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 20 ) Prcl :423-123-04 Site :3440 VIA OPORTO*NEWPORT BEACH CA 92663 Ownr:ROHRS CALVIN G TR TRA Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use:STORES - OTHER Ph: Xmpt : Sale : Date:10/22/81 Ln: Doc:277169 Yb: 1947 Sgft :4, 797 Asd: $1, 600, 000 Imp: 10% Tract : 00907 Blk: Lot :1121 LotSz :9, 900 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 21 ) Prcl :423-123-05 Site:3424 VIA OPORTO*NEWPORT BEACH CA 92663 Ownr:KELSO,HARRY M TR Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use:STORES - OTHER Ph: Xmpt : Sale: Date:10/22/81 Ln: Doc:277169 Yb :1956 Sgft :13 , 081 Asd: $720, 268 Imp:30% Tract : 01622 Blk: Lot :24 LotSz :5, 400 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 22 ) Prcl :423-123-06 Site:3424 VIA OPORTO*NEWPORT BEACH CA 92663 Ownr:MARVIN ENGINEERING CO Mail :260 W BEACH AVE*INGLEWOOD CA 90302 Use :STORES - OTHER Ph: Xmpt : Sale: Date : 10/22/81 Ln: Doc:277169 Yb :1956 Sqft : Asd:$704, 595 Imp :28% Tract : 01622 Blk: Lot :22 LotSz :5, 400 Rms : Bed/Bath: Un: ------------------------------------------------------------------------------ 23 ) Prcl:423-123-07 Site:3420 VIA OPORTO*NEWPORT BEACH CA 92663 Ownr:LYON,T GOODWIN TR Mail :2660 E COAST HWY*CORONA DEL MAR CA 92625 Use :STORES - OTHER Ph: Xmpt : Sale : Date : 06/24/98 Ln: Doc: Yb:1954 Sgft :19, 043 Asd:$2, 220, 880 Imp :31% Tract : 00059 B1k:17 Lot :l LotSz :16, 490 Rms: Bed/Bath: Un: ------------------------------------------------------------------------------ THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation THIS MAP WAS PREPARED FOR ORANGE COCAYTY ASSESSOR DEPT. PURPOSES ONLY. 049— 1 3 THE ASSESSOR MAKES NO GUARANTEE AS TO 175 ACCURACY NOR ASSUACS ANY LIABILITY FOR OTHER USES. nNTT TO BE REPRODUCED. ALL RIGHTS RESERVED. y, ®CUPYRIGHT ORANGE COUNTY ASSESSOR 1998 12 g HIGHWAY o IW�SLM d.fl S0.N' fU_f0' �O0• .. �Oe ^` row— LOT L 1 G I POR. LOT H p `y( gym, P.AL 1 184-38 P.AL 199-39 I V TRACT APl. ® WN LANAC; a 21 r M 1 I e LOT c l I o NO. 919 IRVINE 1.421 AC. r ur L/ATE � s Par. LOT 170 O 23 p.s•1e°'' 0.465 AC. R.S. 21-44 p O W sov'r N et 1 O.S SlTA IffA = O m O S.SP7 Q- U 0 1'= 100' Q AQ 0.454 AC. r CO 0 IRVINE SO. M.M. 1 B8 LL TR. NL?. 919 M.M. 29-32.33 d 34P NOTE - ASSESSOR'S BLOCK d ASSESSOR'S MAP MARCH 1949 PARCEL MAP P.N. 199-39 PARCEL NUMBERS BOOK 049 PAGE 13 X SHOWN IN CIRCLES COUNTY OF ORANGE LLI i a 0 f.: /fn CNOIT�w 'PR PARED FOR ORANGE ONLY- PO . S 112, SEC. 28. T 6 S. R 10 W 423-1 Z THE AS SSOR MAKFS NO GUARANTEE AS TO ITS CURACY NOR ASSUMES ANY LIABILITY FOR,> TH£R USES• NOT TO BE REPRODUCED. ALL RIMTS RESERVED•' 0 COPYRIGHT ORANGE COUNTY ASSESSOR 1998 t ST An 1 Q 100 leas 1 law _ q U TRA o.Al,'63 / 04 1 V- • O 6 r 3 TRACT 39-rN I I51.c, �.yF N �Zcn TRACT ' % it % /;`e• [L trc 121 I�I t. q� 4. FOR Lor 2 $ car/ O�' � /A•O.� @ '] 4 12 PbOWAG 10 aRI .43/ AR Pl j NO///1 I1�JTI �•B�I/I Alb'E, a• _ -•_ N mMO. N IMI 14 cx 11 �� a m tc) O O MACTAoa xT M.M 25-4 r036/MC L TRACT A�Gt ///T AI.M. 35-4B A�4RCH 1481 TRACT A42 /255 M.N.47-24 NOTE - ASSESSOR'S BLOCK B ASSESSOR'S MAP TRACT AV../6W M.A 47 S9 PARCEL NUAIR£RS BOOK 423 PAGE 12 � X PARCEL MAP P M. M-44,60-45 SHOWN IN CIRCLES L!j COUNTY OF ORANGE i a ` o 0 CL _ j: .r.i. ;,'. :iae Page 1 of 1 -.W-L na•'y P`} :i:^A.::•• 1... ri;;?a�s.x;.:.,. •.t:.:r.,-;;a:o s�ao CONDOMINIUM .t{!'!l�c�icPN.:�1('F._:P_l: !4.'.f YF] /Zi r/•/ :cA'�rAY:M.]±i.ihiC'^•..M v.{.u'S4;tif r:4! INDEX. PARCEL MAP 59-44 PROJECT NO. 933-94 PARCEL MAP 59-44 N0, PARCELS 1 A.P. NO. 423-123-13 : 00 Located on O Billing No. Parcel No. Unit No. S=Boatslips Common Area CD 933-94-001 1 1 is and 114 int in Parcel 1 (31 U9 933-94-002 " 2 2S " 933-94-003 3 3S 933-94-004 " 4 4S " CD CO) N W v N i N O �w N r t a O y Tobulation 6 �'\ Area 1ST Floor ATna 2ND Floor 1st&nd Floor �® \ OW=AREA 2.717 S.O. O1W1W AREA 3.498 S.F. 5.215'S.F. STAIR/EIEVAIOR 5.419.S.F. STAIR/ELEVATOR I.251.S.F. . 6.610 S.F. A� ,\ KI7f21FA1%RESWAM RIUM/AESTRO NS cu/YD.SrROM \ PATIO 2.237 S.F. DANOIET I.W S.F. . / \ am 1ST FLOOR 8.166 S.F. 0055 2ND FLOOR 6.716 S.F. = HIM S.F. ARCHITECTS j 001 94UN SMW,,$OIF W % \\ OROSS 1ST FLOOR 6 PATIO 10.E S.F. 00 2ND FLOOR 6.716 S.F. w 17.11�S.F. AWBlE Gl/f0AdA1 !Y/72 % 7f1:Il 4fl:00-1772 % \.\ fAX:1?4?)2$0.0207 qy i \ AGENDA 4 t� ----------------------- \ . ,;_0v New 011 t fish Ouse ` NsoreOP Existing Restaurant Npareeaa+i,Gmra Site Plan Craws:SBY Chocked:JX ftHawsr. Sheet$Cal*: wm r.two Existing Site Plan A 1 Vicinity Map . fOVE P.twb c ftood Ste PA2001-027 for UP No.3626(Amended) 3450 Via Oporto DATE OF MEETING:- • 1M.nat M1 . LEGEND L UNDSTROM &ASSOCIATES ARCHITECTS 1101 MARTIN J7REFT,JUITf 103 WINE, 011FORNM ➢2412 Tfl:(94➢/130- 1772 fAX,(949/2,f0 0207 ' CamuNonf. o ° demo, N:k_ o o Uft Neort _- wp' fish House 3mV/bOpodo Newpo#&gch,Colibmia 0 0 6, CLP - - - - - - first o _ o�, Floor Plan ° o o 0 0 ------------------ O O "-{�__F'° Or°wn:58Y CM1ecked:J.L. Filename: 08 cq 8 COF-113) 8 1st. Floor Plan T A I � (8A Fro(s�r Numd.i A2,0 i . LEGEND a LUNDSTROM &ASSOCIATES ARCHI rECrs St i"M smu,,mm Mi /RPM,, CALWORM f15/1 f1l:(f11/250.1771 fAX:(91f/150.0107 0. ws IY' �/f w rnlw rnw. i O � r egorf op Fish House .4lw V lru/� II VHOne . FloorP/on w._ .\ Orown:SBY Ch"k*d:ll. l fB�neas: SkNI 5talr. r dw big= 2nd. Floor Plan. A � Lcvuw-��a uL nWw 1x.[.. AZ. 1 . NI ► AL C:17- r . r lw 4"AIM o �>r F III • y �• ! 4w" •ice �rlM' � ,�. M�.1t1M' °?•ar' �,t.��- '. i 1 i ��� a �{����M1� �` � ��"•. ��T� � ire' �iR�rni"M4r BFR; � ., e F; i,. FILE COPY Do Not Remove Tabulation F111s,.- Total a Area 7 S T Floor Area .AND Floor I st & 2nd Floor DINNING AREA 2, 747 S. F. DINNING AREA 3,498 S.F . = 6,245 S.F. STAIR l ELEVATOR 5,419. S. F. STAIR I ELEVATOR 1 ,251 . S. F. = 6,670 S.F. KITCHEN l RESTROOMS KITCHEN 1 RESTROOMS Z UNDS TROM PATIO 2,237 S.F. BANQUET 1 ,967 S. F. _ & ASSOCIATES GROSS 1ST FLOOR 8, 166 S.F. GROSS 2ND FLOOR 6,-�16 S. F . = 14,882 S. F. / T E C T z20 44ARTIN (TREET, SUITE 203 GROSS 1ST FLOOR & PATIO 10.403 S. F. GROSS 2ND FLOOR 6, 716 S.F. - 17, 119 S. F. iRl!1"Y-F, CAl/FORMA 92112 TEL : ( 949) 250 - 1772 FAX ( 949J250 0207 GonSUltant: i J ATE f G- WEETIN" ca f J41 / ( f aYY LUCAT'01 s via 0 p 0 4 Projec' Owner. Project T:tla: N, e ot O i Fish ouse 3450 V/0 0p0#0 Now orbgeochl Colibr�ixistin esavrant SPeei Ti'ie Sile Ran Drawn:SBY Checked: J.L. Filename: l i ,Sheet .Scale: SCALE: 1' = 10' 0" UOia Description FILE COPY, Vicinity map 00 M" ZA0414,11-r Existing Site Plan A SCALE: 1" 10'-C"' fro ecl Side Nor waslfdo Channel o- C&A Prorect ;dumber : 3 Newport Bc fi? fs \ 1,oO LEGEND Z UNDS TROM ASSOCIATES A R C H / T E 1. T S f << 114� RITN ?TR5 T, }L�11TE 203 R F ^ L € A /F R,NI.A P2612 ( P4 9 ! 250 1772 ( 94P 250 0207 LOi75u lo!l a_ V R[c'8T ML i TRASH C^w coGR Haag %aFFtcE ^. 5°0 T O N.I. COOLER z r` OFFICE s�\ i��� � ELIC./ STOlM ��//� UTILITY Rik N.I. CDQER 0 �\ 0M � T ENflK r N.t. C omiat f i DRY STORAGE ELEY i� EdIIP. RM. V.M I. Como -.__ �`. ., proiec, C W..E.. RECEPTION POT y � � TOILETWL TO LOCUS EW o � - DISH MEWS DIME A\ ► TALL �, "EST ML VIOWN, E3 A /�� V U Mom LOOM wk CLOSETR EMP- C ) C } � �� TOILET AY.�,� 0 C ) C } �� .� EIfISTING ��,�, ELEYA SREST ML R Q l Ouse „J Prrwotr Roar \ ♦--. STORAGE r / f ll � f o,O 1 U \ \ u_- ICE � © O . 0 op0 o STATIOI — Nawpo�goochl Colilomic REV,VALL f i SERYItE STATION PICK U' @ 0 1 'F. �\ -------------- _.____.._ —= p o10 o o o �� o slee� r e cop) ta w.® (` 1 o P' 1 00 MAIN DINING First Q � P� NEW DINING { I �� (------ ---------- COOLER COOLER ROOM Noor Plon �34D CL `. .J ° ` ..� L J ° @ Drawn. SBY Checked: J. C. C } C ) C ) CD) C ) C ) � C ) C ) C ) C (C-:)) _ - C ) C ) t ) C ) C ) C ) C ) C ) C ) C 3 C 3) C 3 C: Sheet Scale: SCALE: 1r8" = 1, Q.t C 3 C 3 C ) ( ) C ) u_ C ) C C D) C D) C 3 (C 3 C D) C 3 -- C 3 (C 3 ( ) C 3 C D) ( ) C 3 C 3 7st. Floor Plan A --SCALF: 1/8' V-0` " LEGEND Z UNDS TROM ASSOCIATES A4 L ire ! ! ) I L C I S 5�ft t�. L 03 iRti', 51 CAZIfORNiA 92112 % F ! : ,' 949j250 1772 FAQ' 949 250 0207 Co7su-ra�,t� V r � I!�'EII KITCHEN Now DmF / f Ntlk71rdje� i i O MEN e 0# ONO 1 \ �. Ouse 0 1 LPM KITCHEN 3450 V/0 Opo#o Nowpo goochl aft CCllj O ---------------- --------- 0 Sec---Und NEW 01NING 1 r Plon uuuuuuu 00 1 } � tL-------------- ----------- EXISTING OINIM Drawn:SBY Checked: J. L. { ) { ) { ) { ) { ) { ) { ) { ) { } { ) { ) iL C 3 C . 3 . C 3 C-3 C 3 -C-3 C 3 C P C D) C D) C 3 - -- Sheer Scale: 7 Descr!,p! Or, 2nd. Floor Plan A SCALE l/$" _ -4" '�h P, _?reC; Number A 2* 1 I , n V /y1I¢ f v v 4� ✓, a �� v v v v 9� CUSTOMER SEATING (TABLE $ CHA IRS). RS1R SEATING IN PATIO AREA (TABLE d BAR AREA. BAR SEATING I il+�E CTI;IC S E SHADED AREA INDICATES OUTDOOR PATIO AREA. L UNDS A um u f � G EXISTING BUILDING COLUMNS. & ASS 0� Cl 7" ES 2 2 V" lY;'. ;'�1 ✓1 L 6 r .1 v�� L L`�0 1RVfNE, C4IIFOR.ViA 92512 TEI ; ( 949 250 1772 F4X : 949) 250 0207 (.bpSUlr`fint: I is �3 Y 3j�... k y y§ P f � \ f f 1 4 REST RM. , [ ` RAM Ct .ER 9 �. \ F I E � -A v Sf0/?1 ,k W j ER k �4 ram. r IC ELEC.f �,• ,� �-- � I• �STIFRA E ,� . UTILITY RM. COOT E MANAGER t• I. -"` ENTRY( OFFICE ,r COOLE -- 'A RY ST GE ELEV� QUI P . \ W• I:� _ R EP TI `��`�. CIN �- TOR G Project caner: WASHpp�NGy SERVICEh� N L TYP• s,(.r 1 ,� STA T I Y 1 1 MEN t S ,r LOC A •C�''��� � � DISH WASHI ff, tN'$°. , UP REST Rl . L E 1, -- l f JA N• Aft AF It F t. t , s , g �.,: .:' „ ,; .. •, .., 1. ILE , KITCHEN .::... AREA � EIT .f ..:..,: .i, ... :.r:. .. ON .._ AT , _ \ r LEY , k. , :RETAIL ,& It . , AR EA. � TYP. PATIO DINNING t UP �' STORAGE --�-' .�--� ICE! TYP. """MpGny LJ t \\ 1, �1} CL/ t' \\j SERVICE ` STATIaN s rr tt ` 6 ! �' 1 w 0 zj P�CK u f 0 AREA Newpo geoch �} r 1 �h 0 A GNP TYP. _ , �t -- D B ) ) 0-0 ) Sheet Tr -F tJ �.,,1 0--0 1 CC 0 i ' NEW DINING ' STOR • �T`r � ica X � a / ` fIrst Racy COOLER MAIN DINING ' ( TYP. 3 TYP. Hoor PIGn iq_ 64D &�D 6-�D f ` / If a +. a ----___ - - ------------------ -t UP Drown:SBY Checked: J.L. E 3) (C C 3) PATIO TYP DINNING • Filename: ). ) ) ` ) ) ) UP Sheet Seale: SOLE: 1r8' — V-0' PATIO DINNING � Typ. ( ,� L�1 A • iJateescrrptton . . . Si't 6%0 3 1 PIANNIN✓; CORREC TONS F nB F] REA ?A FB I i TYP. j ION CH _ TYP. TYP 7st. Floor Plon A SCALE: 1r8' = 1`-n" I U:A0 ec um.bP 011,05 2* 0 k = -A 5 „ : < : � rt A CUSTOMER SEATING (TABLE b CHAIRS). B CFIAIRS}R SEATING IN PATIO AREA (TABLE & Fl BAR AREA. D] BAR SEATING r-El C ICEA INDICATES OUTDOOR PATIO AREA. LUNITSI � BUILDING COLUMNS. 3 Assoc" �j ",� f I<V IAR!Ify STRE-F" J 'l,rE 10 LALIF0RNi, 92c'12 TFt . 1949 � 250 i7J2 FAX : ( 9d9/ 250 0207 r Consultor+ r. i t f / i PROJ CTION TV AE DN f 1.f • ! •'',., �pppp ��JJ ♦ ' I tT H N SEATING/ EXOISITING ., z ` / .� / • / DN , (( COI. ' EXISTING TYP. BOMWE;WR ` , MI ��� f� v Pfole�rt T,l,;6 MEN TYP. TABLE { .' �x Pool. t _. . m. . . . .,� . ABLE MEgOOLL Ne ot TYP. TYP- - 3. , _ � T S .„ a TYP. TYP. D CO' mpGny �. --- bpp RLL 3450 V/ Opt D TYP Newpo#U j '�/l C / D TYP ® TO �..�, A 1 P o Sheet i €/6 r r r TYP. seC11 } t A TYP. � �" NEW DINING � r t Hoor Pon L� /-Ij D It Juuuuuu , - t E ( t �._-_� ---_--_--- °----__--- ---- �� A TYP. EXISTING DINING A TYP. ,e Dr"awn:58Y Checked: J.L. ._ F � � � � � " 3 � - - � _ __ - C C � C _ r t sheet 5caie: s � � dote Jeser�p'lon S,-1cs,�J? ;' ?tANiti'1/�`G C�7RRtCr?C7t+�'S b.'hS 01 2l`? Floor Plan SCALE: t;8' } -0' A2v I 4 r